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

Vol. 144 WASHINGTON, THURSDAY, SEPTEMBER 17, 1998 No. 124 House of Representatives The House met at 10 a.m. WELCOMING FATHER TOM ment which has lasted longer than any The Reverend Thomas Pappalas, Sts. PAPPALAS other Constitution in the modern Constantine & Helen Greek Orthodox (Mr. HOLDEN asked and was given world. Church, Reading, Pennsylvania, offered permission to address the House for 1 They created a framework of self- the following prayer: minute and to revise and extend his re- government with balanced rules, and Let us pray. Almighty God and Cre- marks.) they determined once and for all that ator, guide, I pray, all the nations and Mr. HOLDEN. Mr. Speaker, I would the age of kings was over; that all men their leaders in the ways of justice and like to thank you and Reverend Ford and women are under the law. None is peace. Protect us all from the evils of for allowing my constituent, Father above it and none is below it, and all injustice, prejudice, hatred, terrorism, Tom Pappalas, the pastor of Sts. Con- deserve the protection of a free judici- conflict and war. Father, bless this Na- stantine & Helen Greek Orthodox ary within the rule of law which is es- tion and this Nation’s people and unite Church in Reading, Pennsylvania, to tablished through a pattern of free us in the making and sharing of weap- offer the opening prayer this morning. speech and free elections. ons of peace, helping us to combat ig- My predecessor, who served in this I just thought today was a good day norance, poverty, disease and oppres- body with honor and distinction for 24 for all of us to remember that we are sion. Bless our President, William Jef- years, Gus Yatron, is one of Father the heirs to a great tradition, and it is ferson Clinton, our national leaders, Tom’s parishioners. our job to safeguard that tradition to and most especially the men and Father Tom is truly a spiritual lead- give our children the constitutional women gathered this day. Heavenly Fa- er in Berks County. He has twice liberties we have known. ther, guide them and fill them with served as president of the Berks Coun- f Your Holy Spirit. Help them to be wise, ty Clergy Association. Father Tom was ANNOUNCEMENT BY THE SPEAKER just and compassionate in the fulfilling born in Chicago, Illinois and served in PRO TEMPORE of their responsibilities. And, Lord, the United States Navy from 1969 to bless us all, forgive us our sins, and 1971. He graduated from Hellenic Col- The SPEAKER pro tempore (Mr. have mercy on our souls. Dear Lord, we lege in 1978 and Holy Cross School of LAHOOD). The Chair announces there give thanks and glory to You, forever Theology in 1981. He and his wife Ann will be 15 1-minutes per side. and ever, to the ages of ages. Amen. are the proud parents of three children, f and I thank Father Tom for his spir- f DEMOCRATIC CAMPAIGN COMMIT- itual guidance this morning. TEE WILL FUND NO CANDIDATE f THE JOURNAL WHO INITIATES PERSONAL AT- TACKS ON OPPONENTS The SPEAKER. The Chair has exam- REMEMBERING THE 211TH ANNI- ined the Journal of the last day’s pro- VERSARY OF THE SIGNING OF (Mr. FROST asked and was given per- ceedings and announces to the House THE CONSTITUTION OF THE mission to address the House for 1 his approval thereof. UNITED STATES minute and to revise and extend his re- Pursuant to clause 1, rule I, the Jour- (Mr. GINGRICH asked and was given marks.) nal stands approved. permission to address the House for 1 Mr. FROST. Mr. Speaker, this morn- minute and to revise and extend his re- ing I am joining with my colleague, the f marks.) gentleman from Georgia (Mr. JOHN LIN- Mr. GINGRICH. I wanted to share DER), the chairman of the Republican PLEDGE OF ALLEGIANCE with my colleagues that this is the Campaign Committee. I serve as chair- The SPEAKER. Will the gentleman 211th anniversary of the signing of the man of the Democratic Campaign Com- from Minnesota (Mr. GUTKNECHT) come Constitution of the United States. I mittee. We are announcing a policy of forward and lead the House in the think all of us should pause and reflect the two committees. Pledge of Allegiance. on that. The level of public discourse in this Mr. GUTKNECHT led the Pledge of Over 200 years ago, a relatively small country right now cannot continue at Allegiance as follows: group of the Founding Fathers, led by the depth that it has fallen to. While I pledge allegiance to the Flag of the George Washington, whose portrait we cannot control what goes on outside United States of America, and to the Repub- hangs here, by Jefferson, Adams, Madi- this Chamber, the Democratic Congres- lic for which it stands, one nation under God, son, Hamilton, Franklin, 55 people met sional Campaign Committee and our indivisible, with liberty and justice for all. in Philadelphia. They drafted a docu- Republican counterpart will not fund

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.

H7925

. H7926 CONGRESSIONAL RECORD — HOUSE September 17, 1998 any Democratic candidate who initi- minute and to revise and extend his re- are suffering from extremely low ates an attack on the personal private marks.) prices. life of an opponent in the coming elec- Mr. SHIMKUS. Mr. Speaker, in these And I would like to inform the Con- tion. The Democratic Congressional troubled times, many good things by gress as to what the response from this Campaign Committee will fire any em- good people are still being done. As a administration has been. It is a typical ployee who initiates an attack on the Cardinals’ fan and an Illinoisan, I sa- liberal Democrat response. Secretary personal private life of an opponent in lute the exploits of Mark McGwire and Glickman gets together with the Presi- this election. Sammy Sosa. They have raced up the dent and decides the answer is to raise f hill of baseball history with honor and taxes on farmers. REPUBLICAN CAMPAIGN COMMIT- dignity. They are to be commended. All we have to do is look at the budg- TEE WILL FUND NO CANDIDATE My hometown hero, Tim Farneris, re- et and there are $573 million of new WHO INITIATES PERSONAL AT- trieved Big Mac’s 62nd home run. Giv- taxes on livestock farmers in the Presi- TACKS ON OPPONENTS ing up a $1 million bonanza, he re- dent’s budget. This is the kind of re- turned the ball to McGwire. For Tim sponse this administration has to a (Mr. LINDER asked and was given and his older brother Tino, the game is farm crisis, is to raise taxes on farm- permission to address the House for 1 a moment in their lives that they will ers? When will this Congress wake up minute and to revise and extend his re- never forget. Tim’s mother Rita says and find out that we have got to help marks.) she believes her son could one day be a these people, not bring the normal an- Mr. LINDER. Mr. Speaker, I want to millionaire, but not without earning it. swer from the liberal Democrats and join with my colleague from Texas (Mr. I agree with her 100 percent, and want tax and tax more. FROST) in saying that the despicable The well is dry. Our farmers are act yesterday against the gentleman her to know that he is well on his way by earning our respect and admiration broke. Let us try to help them, not de- from Illinois (Mr. HENRY HYDE), one of the most decent men who has ever by simply doing the right thing. Thank stroy them. served in this body, has brought this you, Tim. f entire discussion of public discourse to f MEMBERS OF CONGRESS ARE NOT a new low. CONGRESS SHOULD HONOR SOCIAL ON TRIAL Private lives, unrelated to policy or SECURITY COMMITMENTS AL- unrelated to public involvement in pol- (Mr. TRAFICANT asked and was READY MADE BEFORE MAKING given permission to address the House itics, is simply off limits, and the Re- NEW PROMISES publican Campaign Committee will not for 1 minute and to revise and extend fund any candidate in America who en- (Mr. MENENDEZ asked and was his remarks.) gages in bringing personal aspects, un- given permission to address the House Mr. TRAFICANT. Mr. Speaker, first related to policy, of any opponent’s life for 1 minute and to revise and extend there was the gentleman from Indiana out in the open. his remarks.) (Mr. DAN BURTON), then the gentleman We both have agreed that responding Mr. MENENDEZ. Mr. Speaker, all from Pennsylvania (Mr. PAUL is acceptable, but initiating a personal year Democrats have been trying to MCHALE), now our great chairman, the attack on anybody running for office is save Social Security, and all year Re- gentleman from Illinois (Mr. HENRY simply off limits. We are going to soon publicans have been trying to raid it. HYDE). have no one of any stature willing to The proof is in our budgets. The Re- Let us tell it like it is. The same put themselves through this wringer, publican-passed budget did not include White House that destroyed Billy Dale, and it is sad for America. any provision to protect the surplus for the same White House that called f Social Security. The Democratic budg- Monica Lewinsky a liar, the same et provided a rock-solid guarantee. White House that abandoned Lonnie SAVE SOCIAL SECURITY; SAVE True to form, today Republicans are of- Guinier is on the attack. THE SURPLUS fering $200 billion in tax cuts paid for It is time to ask, Congress: How (Ms. KILPATRICK asked and was out of the budget surplus. many files of American citizens were given permission to address the House Now, I support most of these tax illegally transferred from the FBI to for 1 minute and to revise and extend cuts, but the money Republicans are the White House and who ordered it? her remarks.) using to pay for them belongs to our Are you on the list? Are you on the Ms. KILPATRICK. Mr. Speaker, Nation’s seniors and working families. list? Am I on that list? today I rise in support of the most suc- They put it there. The surplus would Enough is enough. The gentleman cessful program this country has ever not even exist if it were not for the So- from Indiana, the gentleman from seen: our Social Security fund. Started cial Security Trust Fund. Pennsylvania, and the gentleman from in 1934 by President Franklin Delano The conservative action would be not Illinois are not on trial. It is time for Roosevelt, this has become the most to spend what we do not have in the the House of Representatives to tell successful program. It now stands to be bank. We should take care of the com- the White House that their ‘‘spin to threatened. mitment and the contract we already win’’ could provoke ‘‘the move to re- Over all these many years, the Social made with our seniors in Social Secu- move.’’ Security Trust Fund has had a surplus that has been used by our general fund rity before we pay for new promises In America, the people govern. And to fund very vital services in our coun- using their money. America is a Nation of laws. I yield try. For the first time, September 30th, It is easy to go out and tell seniors back the balance of my time in the in a long time, in a decade, we will see you are on their side. That vote will soap opera in Washington, D.C. a surplus in our budget. The Social Se- prove who really is and who really is f not. And, believe me, the voters are curity Trust Fund is at risk. CONGRESS WILL NOT BE watching. The surplus is really the surplus that INTIMIDATED is needed for the Social Security Trust f (Mr. DOOLITTLE asked and was Fund, to make sure that it is available GOVERNMENT SHOULD HELP into the 21st century. Let us save the given permission to address the House FARMERS, NOT HELP DESTROY for 1 minute and to revise and extend surplus, which is the surplus that must THEM be used to secure the Social Security his remarks.) fund. Save the Social Security Trust (Mr. LATHAM asked and was given Mr. DOOLITTLE. Mr. Speaker, a Fund, save the surplus. Hold it and permission to address the House for 1 former Clinton adviser, George make our future promising. minute and to revise and extend his re- Stephanopolous, was right. Mr. f marks.) Stephanopolous predicted a whisper Mr. LATHAM. Mr. Speaker, I would campaign waged by the White House TRIBUTE TO TIM FERNERIS like to speak this morning on a prob- against Members of Congress who (Mr. SHIMKUS asked and was given lem that is devastating to rural Amer- would eventually be forced to consider permission to address the House for 1 ica, to Iowa: Our livestock producers the independent counsel’s allegations September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7927 of possible impeachment offenses by which he paraded through the palace minute and to revise and extend his re- the President. and through the land so that all could marks.) Furthermore, President Clinton’s admire him. He was very vain. His clos- Mr. GIBBONS. Mr. Speaker, today, own brother, Roger, issued warnings to est aides and followers were always yes, the anniversary of the signing of Members of Congress when he told nearby to congratulate him on how the Constitution of the United States CNN’s Larry King, ‘‘Some of the politi- dashing he looked, how popular he was in Philadelphia in 1787 should not be an cal people had best watch themselves with his loyal subjects and how good occasion for partisanship. However, we because of the old glass house story. Be his leadership was for the land. are forced to confront the reality of One day, however, the Emperor began very careful.’’ how liberals and conservatives have parading through the land with his As predicted by these individuals, in two very different views of the Con- clothes off. He even assured himself recent weeks, including this morning, stitution and about the history of the and his followers that he was in fact several of our colleagues have been United States. subjected to vicious partisan attacks, wearing clothes. They just could not via the news media, by individuals who see them, because only stupid people Conservatives have a novel belief are clearly attempting to intimidate could not see the clothes. that the Constitution actually means Members of Congress in the wake of Because they did not want to be what it says. Liberals, on the other the Starr report. thought of as stupid, his lawyers and hand, are fond of calling the Constitu- I take serious offense to what is obvi- followers and supporters agreed, ‘‘Oh, tion a ‘‘living document’’ that, quote- ously a scorched earth campaign. Mr. yes, he must be wearing clothes.’’ unquote, evolves over time. The liberal Speaker, we will never be intimidated And so they trumpeted throughout view of the Constitution allows them by these scorched earth tactics. We the land, ‘‘The Emperor really is tech- to interpret the Constitution any way will not back down from our constitu- nically dressed but the unenlightened they choose. tional responsibilities and we will not among you just cannot see the fine Conservatives look at the Constitu- cower from the White House attacks. threads from which his garments are tion and believe that its explicit prohi- We will do what is right. made.’’ They even attacked those who bitions on what the Federal Govern- f sought to expose the truth. ment is allowed to do are a fundamen- And so it continues today, Mr. tal safeguard of our liberty and protec- CONGRESS SHOULD ACT RESPECT- Speaker. tion against too much government. FUL AND DIGNIFIED DURING f WHITE HOUSE CRISIS AND CON- Liberals look at the Constitution and MANAGED CARE REFORM TINUE TO CONDUCT THE PEO- believe that the Federal Government PLE’S BUSINESS (Mr. GREEN asked and was given can get involved in every aspect of permission to address the House for 1 your life, always, of course with the (Mr. ROEMER asked and was given minute and to revise and extend his re- misguided belief and justification that permission to address the House for 1 marks.) it is ‘‘for your own good.’’ minute and to revise and extend his re- Mr. GREEN. Mr. Speaker, while we marks.) Two different views, views with pro- know there are lots of other issues found and differing consequences for Mr. ROEMER. Mr. Speaker, when I swirling around the Capitol these days, our liberty. was elected by the people of Indiana I think it is important that we focus on and sent to this distinguished body, my other issues that really affect the f very first vote was on whether to send American people. Last week, the Tues- young people into harm’s way, into the day before we came back into session, Persian Gulf, on war. And this body four Members of Congress from the SOCIAL SECURITY conducted itself with the utmost dig- Houston area met with over 100 people (Mr. ADAM SMITH of Washington nity, civility and respect towards one to discuss an important issue that is asked and was given permission to ad- another and respected their differing facing the American public. That pub- dress the House for 1 minute.) viewpoints, clapping for Members even lic meeting was about managed care though they may have disagreed. reform and the Republican majority’s Mr. ADAM SMITH of Washington. Now, when it comes to respect and misnamed bill that we passed earlier Mr. Speaker, this September as always hard work, I immediately think of our this year, the Patient Protection Act. we face some very difficult budget deci- chairman of the Committee on the Ju- This was the first public hearing held sions, but we will not even be able to diciary, the gentleman from Illinois on the bill since our committee that I get to those budget decisions if we do (Mr. HENRY HYDE). He has worked hard, serve on did not have any hearings on not first address the numbers honestly. worked with me through my 8 years the bill that passed this House. That Right now we have all heard about that I have been here serving with him. hearing confirmed what we have been the supposed surplus that we have over I hope that this body can continue to saying for months, that families in the next 10 years, $1.6 trillion, and we be together in a civil, distinguished, managed care want and need some re- have heard dozens of different ideas for thoughtful, deliberative manner to get form this year. They do not want a how to spend that money. The trouble to the bottom of what happened in the sham bill like the Patient Protection is that money does not exist, because White House, but also do the people’s Act that does more for insurance com- all but $31 billion of that $1.6 trillion is business and balance the budget, re- panies than patients and they do not really in the Social Security trust form education and save Social Secu- want a bill that actually preempts fund. It is money that we borrow and rity. Texas law that was passed by our legis- for some crazy reason consider as in- f lature last year. They want a patients’ come. It is not income, it is money we b 1015 bill of rights that is not right because have to pay back, plus interest. it is a Democratic bill but because it THE EMPEROR WITH NO CLOTHES We need to honestly assess those contains meaningful reforms to com- (Mr. PITTS asked and was given per- numbers. As we stand here today, there plement the State laws that are passed. are a lot of different programs, a lot of mission to address the House for 1 Eliminate the gag rules, provide different tax cuts being proposed, but if minute and to revise and extend his re- choice and also allow people to go to you ever hear someone say in answer marks.) adequate emergency rooms without to the question of how they are going Mr. PITTS. Mr. Speaker, this morn- having to call their insurance company to pay for it, ‘‘We’re going to pay for it ing I want to share a children’s story first. out of the surplus,’’ do not let them do that has been on my mind for the last f seven months which we have all read to it. our children but I think it is instruc- TWO DIFFERENT VIEWS There is no surplus. If we can address tive today. REGARDING CONSTITUTION the numbers honestly, we can make Once upon a time, there was an Em- (Mr. GIBBONS asked and was given wise budget decisions and we can do peror who loved his kingly clothes, in permission to address the House for 1 two very important things in this final H7928 CONGRESSIONAL RECORD — HOUSE September 17, 1998 month of the session: One, we can get porters just do not get it. We must pro- RECOGNITION OF FREEHOLD BOR- to a true and honest balanced budget; tect Social Security, we must start OUGH HIGH SCHOOL IN NEW JER- and, two, we can protect Social Secu- paying back the national debt and we SEY’S 12TH DISTRICT rity for future generations. must oppose fiscally irresponsible elec- (Mr. PAPPAS asked and was given f tion-year tax cuts that are not paid for permission to address the House for 1 honestly. THE AMERICAN FARMER minute.) Mr. PAPPAS. Mr. Speaker, I rise (Mr. CHAMBLISS asked and was f today to recognize a school in my dis- given permission to address the House trict that is truly fulfilling its mission for 1 minute and to revise and extend AGRICULTURE CRISIS of providing the best possible education his remarks.) (Mr. LUCAS of Oklahoma asked and it can to its students. Mr. CHAMBLISS. Mr. Speaker, my was given permission to address the This past Monday I had the oppor- friend the gentleman from Indiana (Mr. House for 1 minute.) tunity to visit Freehold Borough High ROEMER) has been a class act ever since Mr. LUCAS of Oklahoma. Mr. Speak- School for a tour of the school and to I have known him. He has once again er, as a cow/calf operator from western teach a class on the U.S. Constitution. shown that this morning. Oklahoma, I can tell you firsthand that Throughout my visit I was consistently Mr. Speaker, it should be no secret to the crisis in rural America is real. Our impressed with the sophistication and the Members of this body that the producers are plagued by weak grain knowledge of the students and the in- American farmer produces the best prices, drought, bugs, wildfire, and novation and dedication exhibited by food and fiber products in the world, dwindling forage and hay supplies. the teachers and administrators. but what is a secret to many inside Good farmers are losing equity and I began my visit by taking part in a Washington’s Beltway is the crisis millions of dollars are being lost to our lunch that was prepared by the stu- gripping America’s rural economies. economy. dents of the culinary arts and res- The deteriorating state of America’s As our markets become as dry as the taurant management class which is farm economy is a national priority land we farm, the Clinton administra- just one of the many ways they expand and must be addressed. Yet the Clinton tion has failed to come forward with an their curriculum to serve the dynamic administration and particularly USDA emergency aid plan that will help pro- and evolving opportunities faced by the only offer up inflammatory rhetoric in- ducers make it until next year. These students of today. stead of a substantive emergency aid desperate times require swift and con- After speaking with Dr. Carolyn plan. cise measures to aid our producers in In Georgia alone, this year’s crop their time of need. Partisan politics Mulhare-McKee, the school’s principal, losses from forces of nature approach and demagoguery cannot be tolerated it is abundantly clear that the Free- $767 million. The story is the same all during this crisis. The Administration hold Borough High School is commit- across rural America. Our farmers need must quit using farmers like a political ted to providing a first-class education strong leadership, not partisan politics football and start making substantive that will prepare its students for the as usual. decisions at the USDA. Oklahoma crop 21st century. The residents and parents I implore the Clinton administration and livestock losses already amount to of this area should be proud to have once again to quit playing partisan pol- well over $1 billion. Action is needed such a fine school educating their chil- itics with America’s family farmers now. dren. and to start making meaningful and Come on, Secretary Glickman. Our f appropriate decisions at the Depart- farmers are waiting. POLITICAL WITCH-HUNT ment of Agriculture. Let us move on f CONTINUES policies to help the American family farmer survive. (Mr. ENGEL asked and was given SOCIAL SECURITY f permission to address the House for 1 (Mr. EDWARDS asked and was given minute and to revise and extend his re- SAVING SOCIAL SECURITY AND permission to address the House for 1 marks.) LOWERING THE NATIONAL DEBT minute.) Mr. ENGEL. Mr. Speaker, I am out- (Mr. KIND asked and was given per- Mr. EDWARDS. Mr. Speaker, next raged that the Committee on the Judi- mission to address the House for 1 week Republicans will push for a vote ciary is about to release the tape of the minute and to revise and extend his re- in this House to steal $80 billion from President’s grand jury testimony to marks.) the Social Security trust fund. On be- the public. I thought that grand jury Mr. KIND. Mr. Speaker, today the half of the seniors of central Texas, I testimony is supposed to be confiden- Committee on Ways and Means is going will strongly oppose that effort. tial. So much for due process. The to consider an $80 billion tax cut, and It is interesting, the same Repub- whole purpose in releasing the tape is supporters are admitting that we will licans who just a few months ago right to once again embarrass and humiliate use part of the so-called budget surplus here in this House were saying it was the President as Mr. Starr did in his re- to pay for it. dishonest to raid money from the high- port when he put in graphic sexual de- There are three things that the peo- way trust fund are now saying it is tails so our children could read them ple in America get that some people okay, though, to raid money, to steal on the Internet. We did not even give here in this Chamber just do not get: money, from the seniors’ trust fund, the President the simple courtesy of First, there is no real budget surplus, their Social Security trust fund. seeing the report a day or two before not unless you want to raid the Social Mr. Speaker, if Republicans felt it its release even though we had given Security trust fund, not unless you was dishonest to steal from the high- the Speaker of the House the courtesy want to collect payroll taxes from way trust fund, then I assume they are when the House Ethics Committee had working families and transfer that admitting it is dishonest to steal from charges against him. So much for the money into the pockets of other people the Social Security trust fund. bipartisanship that was promised to us in this country. Mr. Speaker, I support tax cuts. But by the House Republican leadership. Secondly, this tax package not only I will not vote for a tax cut next week The political witch-hunt against the spends the Social Security trust fund, pushed by Republicans that steals President continues. but it also prevents us from starting to money from our seniors’ future, from f pay back the $5.5 trillion national debt. our seniors’ security and our cherished Finally, there is no guarantee that Social Security trust fund. I think Re- ANNOUNCEMENT BY THE SPEAKER any of this so-called surplus is going to publicans should think twice before PRO TEMPORE materialize given the international fi- they say highways and concrete and The SPEAKER pro tempore (Mr. nancial crisis that we are in today. election promises are more important LAHOOD). The Chair would advise all This tax cut is wrong for our seniors, than saving our Social Security trust Members that they must refrain from it is wrong for our children, and sup- fund. personal references to the President or September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7929 to certain charges against the Presi- b 1030 WHITE HOUSE SEEKING TO INTIMI- dent. SUPPORT H.R. 4033 DATE MEMBERS OF THIS BODY f (Mr. SMITH of Michigan asked and (Mrs. WILSON asked and was given was given permission to address the permission to address the House for 1 EDUCATION—DOLLARS TO THE minute and to revise and extend her re- CLASSROOM House for 1 minute and to revise and extend his remarks.) marks.) (Mr. GUTKNECHT asked and was Mr. SMITH of Michigan. Mr. Speak- Mrs. WILSON. Mr. Speaker, last given permission to address the House er, I would urge all my colleagues on night the television news confirmed for 1 minute and to revise and extend both sides of the aisle to refrain from that two reporters told ABC News that his remarks.) demagoguery of Social Security during a senior White House official has been Mr. GUTKNECHT. Mr. Speaker, we this election year. For the last 40 peddling the story to sully the reputa- must do everything we can to give years, this House has been spending tion of one of the great leaders in the America’s children the education they every cent that comes into the Social history of this institution, the gen- will need to succeed. I am proud of Security Trust Fund for other social tleman from Illinois (Mr. HYDE). The what we have done so far, passing tax program spending. This year for a senior White House official just does cuts for families with kids and making unique experience we will start paying not get it. Or, perhaps worse, maybe he it easier for them to afford higher edu- down the public debt. That means gets it and he just does not care. cation. But there is much more to do, lower interest rates to help keep the We are not considering here some especially for younger children. economy strong. A strong economy personal indiscretion. This body has a State and local taxes pay most of the means it will be easier to keep Social solemn constitutional responsibility to cost of education. They always have. Security solvent. In this election year consider the charges before us. This But while the Federal Government pro- and into next year, the challenge for system of justice will not be manipu- vides only about 7 percent of all the all of us is to consider all solutions and lated by polls or pundits or senior offi- funding for local schools, it creates not scare seniors or politically dema- cials who seek to smear and intimi- over half of their paperwork. gogue Social Security. Our goal in 1999 date. This is a Nation governed by law, Mr. Speaker, that is why I have co- must be to fix Social Security. and it is up to us to keep it that way. sponsored legislation to guarantee that Mr. Speaker, I would ask my col- f at least 95 percent of Federal education leagues to consider joining with me on funds get to the classroom instead of my bill, H.R. 4033, that requires that SAVE SOCIAL SECURITY FIRST being consumed by the bureaucracy. Social Security Trust Fund money can (Ms. STABENOW asked and was We cannot allow Federal paperwork to no longer be used to balance the budg- given permission to address the House continue to siphon off valuable time, et. for 1 minute.) energy and resources away from the The bill also provides that any Trust Ms. STABENOW. Mr. Speaker, I rise classroom. Our children are too impor- Fund money invested with the U.S. today with my colleagues to ask the tant. Treasury will be in the form of market- House leadership to save Social Secu- f able negotiable Treasury bills, not the rity first. unredeemable I.O.U.s now used. I was proud to support the balanced EDUCATION I invite my colleague to cosponsor budget agreement last year, proud to (Ms. SANCHEZ asked and was given this bill with me. support a $95 billion tax cut that was permission to address the House for 1 f paid for within the balanced budget minute and to revise and extend her re- PROTECT SOCIAL SECURITY agreement. We now have what are marks.) being called surpluses, and I join with (Ms. FURSE asked and was given per- Ms. SANCHEZ. Mr. Speaker, I re- my colleagues that say we do not have mission to address the House for 1 cently had the pleasure of hosting the a true surplus until we have protected minute.) Social Security and stopped using the Secretary of Education, Mr. Richard Ms. FURSE. Mr. Speaker, here we are Social Security Trust Fund to balance Riley, in my hometown of Anaheim again. In 1993 we passed a budget here, the budget. over the district recess. During that only Democrats voted for it, that This is about our current seniors, it town hall meeting, the Secretary field- brought us to this situation where we is about my mother, it is about our ed questions from about 200 parents now may have a surplus. Only Demo- children, it is about our grandchildren. and educators about what we could do crats voted for that budget, yet sud- I like the tax proposals that are to prepare our children for the future. denly the Republicans are saying, well, being talked about in committee. I They wanted to know what Congress let us give a tax cut now that we have would like to be able to support an- was doing about education, about re- a surplus. lieving the overcrowding that is hap- Mr. Speaker, I do not think there is other round of tax cuts. But we cannot pening back at home and about pre- a Member in this House who does not jeopardize our future and Social Secu- venting the growing incidence of vio- find in their public meetings somebody rity by doing this. lence among our youth. who says: Pay for Social Security first, protect While the leadership of this House Congresswoman, Congressman, I am Social Security first, and then begin seems more concerned with the Presi- really worried there will not be Social the next round of tax cuts. That is dent’s private life, I can tell my col- Security there for me when I get to what is the most responsible approach, leagues that people back home want to that age. and I urge my colleagues on both sides know what is going on with education. Well, why are we talking about tax of the aisle to be responsible and to When I go back home to Orange County cuts? There is not a real surplus until make sure that before the next steps on my weekends, they ask me, not we stop borrowing from Social Secu- are taken to spend surpluses that we about the Starr report, they instead rity. save Social Security first. want to know what Congress is doing Mr. Speaker, what Democrats want f to protect the future of Social Security to do is make sure we protect Social and what they are doing to protect the Security, we make sure the surplus WHITE HOUSE CONDUCTING future of our children. Democrats and stays in Social Security so you, our SMEAR JOB ON HENRY HYDE the President have an agenda that ad- children, our seniors, will have that (Mr. ROHRABACHER asked and was dresses these issues, and I have intro- guarantee there. given permission to address the House duced my own proposal to encourage It is an outrage to start talking for 1 minute and to revise and extend more school construction so we can about a tax cut. Yes, Democrats would his remarks.) have a smaller ratio of children in the like to give out a tax cut, but not until Mr. ROHRABACHER. Mr. Speaker, I classroom. We have to do that. we say: Do not borrow from Social Se- am disappointed that more Members on Get away from this report. Work on curity, make sure that Social Security the other side of the aisle this morning education. is protected. have not been condemning the smear H7930 CONGRESSIONAL RECORD — HOUSE September 17, 1998 job that was done on the chairman of Mr. DELAY. Mr. Speaker, we are wit- enact major legislation. Certainly, the Committee on the Judiciary, the nessing more signs of the White funding the trillion dollar Federal Gov- gentleman from Illinois (Mr. HENRY House’s scorched earth strategy. Allies ernment falls into that category. Hon- HYDE). of the President are now dishing dirt est disagreements exist between the Chuck Colson, legal counsel to the on the most respected Member of this congressional majority and the Presi- President under Richard Nixon, was House. This is a direct assault on the dent, the House and the Senate, the sent to Federal prison for disclosing United States House of Representa- Democrats and the Republicans, and one-half of one FBI file. This adminis- tives. even within the two party caucuses in tration: Hundreds of FBI files ended up And do not be under any illusions both the House and the Senate. in the hands of an opposition re- that this is a partisan affair because, Every family that is forced to live on searcher for the Democratic Party at according to reports, allies of the a budget, and that is most of the work- the White House. Nixon had an enemies President’s are investigating Members ing people I know, understand that it is list of people they would not invite to of both sides of the aisle. a lot harder to make spending deci- luncheons. This administration has a Now, Mr. Speaker, making a mistake sions when they cannot just buy every- list of people it has set out to destroy. is far different than, for example, ob- thing they want. That is the reality for Mr. Speaker, we have here a pattern structing justice. Abuse of power is far working moms and dads who sit around of abuse, personal attacks on the gen- more serious than having an affair 30 the kitchen table and try to find the tlewoman from Idaho (Mrs. HELEN years ago. money for new school clothes, a short CHENOWETH), the gentleman from Indi- I just urge the President of the family vacation or finally replacing ana (Mr. DAN BURTON) and now the United States to stop his allies from that beat-up old television set. chairman of the Committee on the Ju- engaging in this kind of disgusting con- Last year’s historic balanced budget diciary. This is unconscionable. None duct, and all of those who are blindly agreement was a great victory for of us is perfect, but we will not be in- supporting this President ought to be American families because it finally timidated, we will not be blackmailed. ashamed of themselves. forced the President and Congress to This administration is mirroring the This is a very sad day for democracy. make their own hard spending deci- worst types of lies, of Watergate lies f sions. Imposing a real budget on the and abuses, only it is worse. voracious Federal bureaucracy makes CONTINUING APPROPRIATIONS, FY To those who set forth this strategy the appropriations job a lot tougher. 1999 of trying to disclose decades-old indis- While I am sure most compassionate cretions in order to intimidate the Mr. DREIER. Mr. Speaker, by direc- Americans would feel badly for the Members of Congress, it will not work. tion of the Committee on Rules, I call gentleman from Louisiana (Mr. LIVING- We will not be intimidated. up House Resolution 541 and ask for STON) and his counterpart, the gen- f immediate consideration. tleman from Wisconsin (Mr. OBEY) who The Clerk read the resolution, as fol- is not here on the floor, and the sub- THE SURPLUS BELONGS TO lows: committee chairman and ranking SOCIAL SECURITY H. RES. 541 Democrats who have been asked to (Ms. DELAURO asked and was given Resolved, That upon the adoption of this craft the 13 spending bills, I am also permission to address the House for 1 resolution it shall be in order without inter- confident that they prefer those head- minute and to revise and extend her re- vention of any point of order to consider in aches to the rampant spending and marks.) the House the joint resolution (H.J. Res. 128) deficits of not too many years ago. Ms. DELAURO. Mr. Speaker, Social making continuing appropriations for the I am equally confident, Mr. Speaker, Security is the single most successful fiscal year 1999, and for other purposes. The that we will overcome the hurdles in joint resolution shall be considered as read domestic program in our Nation’s his- for amendment. The previous question shall the way of the appropriation process tory, we all know that. It is a long- be considered as ordered on the joint resolu- and will keep the Federal Government term financial bedrock for this coun- tion to final passage without intervening open and functioning into and through try’s elderly, for disabled, hardworking motion except: (1) one hour of debate equally the new fiscal year. I certainly know of American families. Two-thirds of our divided and controlled by the chairman and the commitment of the gentleman elderly depend on Social Security for ranking minority member of the Committee from Louisiana (Mr. LIVINGSTON) and over half of their income. Social Secu- on Appropriations; and (2) one motion to re- our entire Republican leadership team rity keeps 800,000 children out of pov- commit. to do just that. erty every year. Mr. DREIER. Mr. Speaker, for pur- This continuing resolution funds on- Mr. Speaker, right now Social Secu- poses of debate only, I yield the cus- going projects and activities of the rity is under attack. What we have tomary 30 minutes to the gentleman Federal Government at current rates here is a situation where the Repub- from South Boston, Massachusetts (Mr. except in instances that the Congress lican leadership of this House wants to MOAKLEY) pending which I yield myself and administration agree on lower lev- raid the Social Security Trust Fund in such time as I may consume. All time els. This spending authority expires on order to provide an $80 billion tax yielded will be for the purposes of de- October 9 of this year or when the reg- break. bate only. ular appropriations bills are enacted. I am for tax cuts, Democrats are for (Mr. DREIER asked and was given Mr. Speaker, this is a clean continu- tax cuts, but let me just say this to my permission to revise and extend his re- ing resolution without extraneous pro- colleagues: marks and include extraneous mate- visions, new projects or new spending If it was not for the Social Security rial.) initiatives. Recognizing the very real Trust Fund, what people have to under- Mr. DREIER. Mr. Speaker, this rule importance of focusing greater atten- stand, we would not be showing a budg- provides for consideration of H.J. Res. tion on making sure our government’s et surplus. The surplus belongs to So- 128, making continuing appropriations mission-critical computer systems are cial Security. It is not a spare cookie for fiscal year 1999. It is a closed rule able to handle the transition to the in the bottom of the jar just for the providing for 1 hour of debate in the year 2000, this CR permits a funding in- taking, and that is why Democrats are House, equally divided and controlled crease for necessary computer conver- insisting that we should put any budg- by the chairman and ranking minority sions. et surplus toward the trust fund; let us member of the Committee on Appro- Mr. Speaker, there is no question not raid it. priations. The rule provides that the that nearly unprecedented political f joint resolution be considered as read and budgetary challenges face this for amendment and one motion to re- Congress at this time. However, I know WHITE HOUSE INVESTIGATING commit. we will rise above them and get the MEMBERS ON BOTH SIDES OF Mr. Speaker, the reality of divided people’s work done. This fair, clean, THE AISLE government is that it takes a lot of continuing resolution will give us the (Mr. DELAY and was given permis- hard work, tough decisions and some- time we need to finish the fiscal year sion to address the House for 1 minute.) times uncomfortable confrontations to 1999 appropriations bills within the September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7931 spending levels set out by the balanced the joint resolution (H.J. Res. 128) be available or granted under current oper- budget agreement. making continuing appropriations for ations, the pertinent project or activity shall It is incumbent upon every Member, the fiscal year 1999, and for other pur- be continued at a rate for operations not ex- Democrat and Republican, to join to- poses, and ask for its immediate con- ceeding the current rate: Provided further, That whenever the amount of the budget re- gether to support this rule and the sideration in the House. quest is less than the amount for current op- joint resolution so that we can get that The Clerk read the title of the joint erations and the amount which would be hard work done without any inter- resolution. made available or the authority which would ference in government operations. The text of House Joint Resolution be granted in these appropriations Acts as Mr. Speaker, I reserve the balance of 128 is as follows: passed by the House and Senate as of Octo- my time. H. J. RES. 128 ber 1, 1998, is less than the amount for cur- Mr. MOAKLEY. Mr. Speaker, I yield Resolved by the Senate and House of Rep- rent operations, then the pertinent project or activity shall be continued at a rate for myself such time as I may consume. resentatives of the United States of America in Congress assembled, That the following sums operations not exceeding the greater of the (Mr. MOAKLEY asked and was given rates that would be provided by the amount permission to revise and extend his re- are hereby appropriated, out of any money in the Treasury not otherwise appropriated, of the budget request or the amount which marks.) and out of applicable corporate or other rev- would be made available or the authority Mr. MOAKLEY. Mr. Speaker, I thank enues, receipts, and funds, for the several de- which would be granted in these appropria- my dear friend for many years, the partments, agencies, corporations, and other tions Acts: Provided further, That whenever gentleman from California (Mr. organizational units of Government for the there is no amount made available under any of these appropriations Acts as passed by the fiscal year 1999, and for other purposes, DREIER) my fellow traveler to El Sal- House and Senate as of October 1, 1998, for a namely: vador, the next in line to be chairman continuing project or activity which was of the Committee on Rules, God willing SEC. 101. (a) Such amounts as may be nec- essary under the authority and conditions conducted in fiscal year 1998 and for which according to him, for yielding me the provided in the applicable appropriations there is fiscal year 1999 funding included in customary 30 minutes. Act for the fiscal year 1998 for continuing the budget request, the pertinent project or House Resolution 541 is a closed rule projects or activities including the costs of activity shall be continued at a rate for oper- providing for the consideration of a direct loans and loan guarantees (not other- ations not exceeding the lesser of the rates that would be provided by the amount of the continuing resolution that will take us wise specifically provided for in this joint budget request or the rate for current oper- resolution) which were conducted in the fis- through October 9. I am very pleased to ations under the authority and conditions cal year 1998 and for which appropriations, report that this continuing resolution provided in the applicable appropriations funds, or other authority would be available is clean and it does not include any Act for the fiscal year 1998. in the following appropriations Acts: extra material, and I am sure that, if it (b) Whenever the amount which would be (1) the Agriculture, Rural Development, made available or the authority which would remains in this form, the President Food and Drug Administration, and Related will sign the legislation ending any be granted under an Act listed in this section Agencies Appropriations Act, 1999; as passed by the House as of October 1, 1998, speculation about a government shut- (2) the Departments of Commerce, Justice, is different from that which would be avail- down come October 1. and State, the Judiciary, and Related Agen- able or granted under such Act as passed by cies Appropriations Act, 1999, notwithstand- b 1045 the Senate as of October 1, 1998, the perti- ing section 15 of the State Department Basic nent project or activity shall be continued at That having been said, Mr. Speaker, Authorities Act of 1956, section 701 of the a rate for operations not exceeding the cur- it is unfortunate that we find ourselves United States Information and Educational rent rate under the appropriation, fund, or in this position. With only 13 days left Exchange Act of 1948, section 313 of the For- authority granted by the applicable appro- in the fiscal year, only 1 of the general eign Relations Authorization Act, Fiscal priations Act for the fiscal year 1999 and Years 1994 and 1995 (Public Law 103–236), and under the authority and conditions provided appropriation bills has been presented section 53 of the Arms Control and Disar- to the President, while only a handful in the applicable appropriations Act for the mament Act; fiscal year 1998: Provided, That whenever the of bills are in conference. There are (3) the Department of Defense Appropria- amount of the budget request is less than the still 2 bills left that have to be consid- tions Act, 1999, notwithstanding section amount for current operations and the ered by the House, while the Senate 504(a)(1) of the National Security Act of 1947; amounts which would be made available or has passed 9 of the 13 appropriation (4) the District of Columbia Appropriations the authority which would be granted in bills. To say that we are behind sched- Act, 1999; these appropriations Acts as passed by the ule, Mr. Speaker, is an understate- (5) the Energy and Water Development Ap- House and the Senate as of October 1, 1998, propriations Act, 1999; are both less than the amount for current op- ment. (6) the Foreign Operations, Export Financ- But it is very encouraging that the erations, then the pertinent project or activ- ing, and Related Programs Appropriations ity shall be continued at a rate for oper- chairman and ranking member of the Act, 1999, notwithstanding section 10 of Pub- ations not exceeding the greater of the rates Committee on Appropriations have pre- lic Law 91–672 and section 15 of the State De- that would be provided by the amount of the sented us with a continuing resolution partment Basic Authorities Act of 1956; budget request or the amount which would that they believe will afford enough (7) the Department of the Interior and Re- be made available or the authority which time to make significant progress on lated Agencies Appropriations Act, 1999; would be granted in the applicable appro- the bills that are remaining. I cer- (8) the Departments of Labor, Health and priations Act as passed by the House or as Human Services, and Education, and Related passed by the Senate under the appropria- tainly hope that they are able to re- Agencies Appropriations Act, 1999, the House solve the many difficult issues that tion, fund, or authority provided in the ap- and Senate reported versions of which shall plicable appropriations Act for the fiscal exist on these bills and are successful be deemed to have passed the House and Sen- year 1999 and under the authority and condi- in getting all of the 13 bills to the ate respectively as of October 1, 1998, for the tions provided in the applicable appropria- President in a form he can sign. purposes of this joint resolution, unless a re- tions Act for the fiscal year 1998. Mr. Speaker, I have no further re- ported version is passed as of October 1, 1998, (c) Whenever an Act listed in this section quests for time, and I yield back the in which case the passed version shall be has been passed by only the House or only balance of my time. used in place of the reported version for pur- the Senate as of October 1, 1998, the perti- poses of this joint resolution; Mr. DREIER. Mr. Speaker, I appre- nent project or activity shall be continued (9) the Legislative Branch Appropriations under the appropriation, fund, or authority ciate the magnanimity of my friend Act, 1999; granted by the one House at a rate for oper- from South Boston, and I would like to (10) the Department of Transportation and ations not exceeding the current rate and follow suit and urge support of this Related Agencies Appropriations Act, 1999; under the authority and conditions provided rule. (11) the Treasury and General Government in the applicable appropriations Act for the Mr. Speaker, I yield back the balance Appropriations Act, 1999; and fiscal year 1998: Provided, That whenever the of my time, and I move the previous (12) the Departments of Veterans Affairs amount of the budget request is less than the question on the resolution. and Housing and Urban Development, and amount for current operations and the Independent Agencies Appropriations Act, amounts which would be made available or The previous question was ordered. 1999: The resolution was agreed to. the authority which would be granted in the Provided, That whenever the amount which appropriations Act as passed by the one A motion to reconsider was laid on would be made available or the authority House as of October 1, 1998, is less than the the table. which would be granted in these Acts as amount for current operations, then the per- Mr. LIVINGSTON. Mr. Speaker, pur- passed by the House and Senate as of Octo- tinent project or activity shall be continued suant to the rule just adopted, I call up ber 1, 1998, is different than that which would at a rate for operations not exceeding the H7932 CONGRESSIONAL RECORD — HOUSE September 17, 1998 greater of the rates that would be provided thority for such project or activity are avail- SEC. 117. The amounts charged for patent by the amount of the budget request or the able under this joint resolution. fees through the date provided in section 106 amount which would be made available or SEC. 108. Expenditures made pursuant to shall be the amounts charged by the Patent the authority which would be granted in the this joint resolution shall be charged to the and Trademark Office on September 30, 1998, applicable appropriations Act as passed by applicable appropriation, fund, or authoriza- including any applicable surcharges col- the one House under the appropriation, fund, tion whenever a bill in which such applicable lected pursuant to section 8001 of P.L. 103–66: or authority provided in the applicable ap- appropriation, fund, or authorization is con- Provided, That such fees shall be credited as propriations Act for the fiscal year 1999 and tained is enacted into law. offsetting collections to the Patent and under the authority and conditions provided SEC. 109. No provision in the appropriations Trademark Office Salaries and Expenses ac- in the applicable appropriations Act for the Act for the fiscal year 1999 referred to in sec- count: Provided further, That during the pe- fiscal year 1998: Provided further, That when- tion 101 of this Act that makes the availabil- riod covered by this joint resolution, the ever there is no amount made available ity of any appropriation provided therein de- commissioner may recognize fees that re- under any of these appropriations Acts as pendent upon the enactment of additional flect partial payment of the fees authorized passed by the House or the Senate as of Octo- authorizing or other legislation shall be ef- by this section and may require unpaid ber 1, 1998, for a continuing project or activ- fective before the date set forth in section amounts to be paid within a time period set ity which was conducted in fiscal year 1998 106(c) of this joint resolution. by the Commissioner. and for which there is fiscal year 1999 fund- SEC. 110. Appropriations and funds made SEC. 118. Notwithstanding sections 101, 104, ing included in the budget request, the perti- available by or authority granted pursuant and 106 of this joint resolution, until 30 days nent project or activity shall be continued at to this joint resolution may be used without after the date specified in section 106, funds a rate for operations not exceeding the lesser regard to the time limitations for submis- may be used to initiate or resume projects or of the rates that would be provided by the sion and approval of apportionments set activities at a rate in excess of the current amount of the budget request or the rate for forth in section 1513 of title 31, United States rate to the extent necessary, consistent with current operations under the authority and Code, but nothing herein shall be construed existing agency plans, to achieve Year 2000 conditions provided in the applicable appro- to waive any other provision of law govern- (Y2K) computer conversion. priations Act for the fiscal year 1998. ing the apportionment of funds. SEC. 119. Notwithstanding any other provi- SEC. 102. No appropriation or funds made SEC. 111. This joint resolution shall be im- sion of this joint resolution, except section available or authority granted pursuant to plemented so that only the most limited 106, the amount made available for projects section 101 for the Department of Defense funding action of that permitted in the joint and activities for decennial census programs shall be used for new production of items not resolution shall be taken in order to provide shall be the higher of the amount that would funded for production in fiscal year 1998 or for continuation of projects and activities. be provided under the heading ‘‘Bureau of prior years, for the increase in production SEC. 112. Notwithstanding any other provi- the Census, Periodic Censuses and Pro- rates above those sustained with fiscal year sion of this joint resolution, except section grams’’ in the Departments of Commerce, 1998 funds, or to initiate, resume, or continue 106, for those programs that had high initial Justice, and State, the Judiciary, and Relat- any project, activity, operation, or organiza- rates of operation or complete distribution ed Agencies Appropriations Act, 1999, as tion which are defined as any project, sub- of fiscal year 1998 appropriations at the be- passed by the House, or the amount that project, activity, budget activity, program ginning of that fiscal year because of dis- would be provided by such Act as passed by element, and subprogram within a program tributions of funding to States, foreign coun- the Senate, or the amount of the budget re- element and for investment items are fur- tries, grantees or others, similar distribu- quest, multiplied by the ratio of the number ther defined as a P–1 line item in a budget tions of funds for fiscal year 1999 shall not be of days covered by this resolution to 365. made and no grants shall be awarded for activity within an appropriation account and The SPEAKER pro tempore. Pursu- an R–1 line item which includes a program such programs funded by this resolution that element and subprogram element within an would impinge on final funding prerogatives. ant to House Resolution 541, the gen- appropriation account, for which appropria- SEC. 113. Notwithstanding any other provi- tleman from Louisiana (Mr. LIVING- tions, funds, or other authority were not sion of this joint resolution, except section STON), and the gentleman from Wiscon- available during the fiscal year 1998: Pro- 106, the rate for operations for projects and sin (Mr. OBEY) each will control 30 min- vided, That no appropriation or funds made activities that would be funded under the utes. available or authority granted pursuant to heading ‘‘International Organizations and The Chair recognizes the gentleman Conferences, Contributions to International section 101 for the Department of Defense from Louisiana (Mr. LIVINGSTON). shall be used to initiate multi-year procure- Organizations’’ in the Departments of Com- GENERAL LEAVE ments utilizing advance procurement fund- merce, Justice, and State, the Judiciary, and ing for economic order quantity procurement Related Agencies Appropriations Act, 1999, Mr. LIVINGSTON. Mr. Speaker, I ask unless specifically appropriated later. shall be the amount provided by the provi- unanimous consent that all Members SEC. 103. Appropriations made by section sions of section 101 multiplied by the ratio of may have 5 legislative days within 101 shall be available to the extent and in the the number of days covered by this resolu- which to revise and extend their re- manner which would be provided by the per- tion to 365. marks on H.J. Res. 128, and that I may SEC. 114. Notwithstanding any other provi- tinent appropriations Act. include tabular and extraneous mate- SEC. 104. No appropriation or funds made sion of this joint resolution, except section available or authority granted pursuant to 106, the rate for operations for the following rial. section 101 shall be used to initiate or re- activities funded with Federal Funds for the The SPEAKER pro tempore. Is there sume any project or activity for which ap- District of Columbia, shall be at a rate for objection to the request of the gen- propriations, funds, or other authority were operations not exceeding the current rate, tleman from Louisiana? not available during the fiscal year 1998. multiplied by the ratio of the number of days There was no objection. SEC. 105. No provision which is included in covered by this joint resolution to 365: Cor- (Mr. LIVINGSTON asked and was an appropriations Act enumerated in section rections Trustee Operations, Offender Super- given permission to revise and extend 101 but which was not included in the appli- vision, Public Defender Services, Parole Rev- his remarks.) ocation, Adult Probation, and Court Oper- cable appropriations Act for fiscal year 1998 Mr. LIVINGSTON. Mr. Speaker, I and which by its terms is applicable to more ations. than one appropriation, fund, or authority SEC. 115. Activities authorized by sections yield myself such time as I may con- shall be applicable to any appropriation, 1309(a)(2), 1319, 1336(a), and 1376(c) of the Na- sume. fund, or authority provided in this joint res- tional Flood Insurance Act of 1968, as amend- Mr. Speaker, we are bringing H. J. olution. ed (42 U.S.C. 4001 et seq.), may continue Res. 128, a continuing resolution for SEC. 106. Unless otherwise provided for in through the date specified in section 106 of fiscal year 1999, to the House today be- this joint resolution or in the applicable ap- this joint resolution. cause it is likely that all 13 of the regu- SEC. 116. Section 28f(a) of title 30, U.S.C., is propriations Act, appropriations and funds lar appropriations bills will, unfortu- made available and authority granted pursu- amended by striking the words ‘‘The holder’’ ant to this joint resolution shall be available through ‘‘$100 per claim.’’ And inserting nately, not be enacted by the beginning until (a) enactment into law of an appropria- ‘‘The holder of each unpatented mining of the fiscal year on October 1st. This tion for any project or activity provided for claim, mill, or tunnel site located pursuant resolution is needed to keep the gov- in this joint resolution, or (b) the enactment to the mining laws of the United States be- ernment operating while we complete into law of the applicable appropriations Act fore October 1, 1998 shall pay the Secretary our work on our appropriations bills. by both Houses without any provision for of the Interior, on or before September 1, Its duration is until October 9th, or such project or activity, or (c) October 9, 1999 a claim maintenance fee of $100 per until the bills are enacted, whichever claim site.’’. Notwithstanding any other pro- 1998, whichever first occurs. comes first. SEC. 107. Appropriations made and author- vision of law, the time for locating any ity granted pursuant to this joint resolution unpatented mining claim, mill, or tunnel The fact that we are bringing this shall cover all obligations or expenditures site pursuant to 30 U.S.C. 28g may continue resolution to the floor today should incurred for any program, project, or activ- through the date specified in section 106 of surprise no one. For some time now, it ity during the period for which funds or au- this joint resolution. has been apparent that this type of September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7933 short-term funding authorization been acted on by both the House and dress funding for agriculture disasters would be needed. It has also been wide- the Senate and is ready to go to con- and other agriculture problems. We ly known that this resolution would be ference, for a total of 9 bills. Today the will soon be in receipt of a request to straightforward and not include any House should complete action on the increase security at our diplomatic extraneous controversial matters that Foreign Operations bill, giving us an- posts around the world in the face of might result in a government shut- other bill, a tenth bill, ready for con- what happened in Tanzania and Kenya. down. Mr. Speaker, while I wish that ference. Now, that leaves only 3 left. We have urgent additional defense this resolution were not needed, I am The House has passed 2 of the 3; the needs to maintain readiness while we pleased that it is a noncontroversial Senate has to pass all 3. are experiencing the additional costs of proposal and should move quickly There is still a lot of work in front of maintaining peacekeeping efforts all through the process, be signed into us, but we are getting there. Just be- over the world. Then there is the un- law, and give the time that we need to cause this continuing resolution gives foreseen costs of making government- complete our work. us until October 9th to finish our work, wide computer conversions to account Mr. Speaker, this resolution uses the no one should think that we can relax for the year 2000 problem. These prob- same funding formula as was used last now. It will take a sustained drive and lems are very expensive and there may year. This formula generally allows the cooperation of all Members, both in be more of them, and we need to ad- programs to continue at current rates. this body and the other, to get our dress these in a bipartisan fashion at If the budget request is lower than cur- work done by this deadline. the same time we are developing the rent rates for a particular program and We face a situation on 7 or 8 of our regular funding packages. both the House and the Senate agree bills where a veto has been threatened Our plate is full. It might be fun to that it should be lower, this CR, or because of a lack of spending. Our bills debate these issues this morning; it continuing resolution, takes advantage are at the cap levels. This means that might be fun to blame everyone for the of this and reduces the rate accord- to increase spending on these bills, slow pace of our activities, but such de- ingly. This CR also includes the same some form of offset would be required, bate really in the long run has little or restrictions on initiating new starts, or else we would exceed the caps that no merit. We ought to pass this con- maintaining last year’s terms and con- were agreed to between the Congress tinuing resolution quickly so that we ditions, and restricting the early re- and the President last year when we can concentrate on our work needed to lease of monies to States, foreign coun- reached an agreement on the balanced finish up this fiscal year and this legis- tries, and grantees that have been pre- budget, which has reaped great re- lative season. viously included. Again, Mr. Speaker, wards, Mr. Speaker. We are actually, This continuing resolution will keep it does not include any extraneous con- even though that balanced budget the government open for a little bit troversial matters. agreement called for balancing of the longer than the next 3 weeks. We do There is another significant aspect to budget by the year 2002, balancing the not have much time. We need to get on this CR, and CRs in general, that I budget this year and have an expected with it. would like to point out to my col- surplus of at least $63 billion. Mr. Speaker, I reserve the balance of leagues, especially those who think But, returning to my previous point, my time. that an automatic, permanent CR this means that to increase spending Mr. OBEY. Mr. Speaker, I yield my- should be enacted so that we could on these bills, some form of offset self such time as I may consume. avoid having to take the action that would be required. Offsets can be in the There is no objection to this continu- we are now taking. This continuing form of reduced spending on other pro- ing resolution on this side of the aisle. resolution includes several special grams, including mandatory programs The resolution is perfectly reasonable. funding provisions for programs for or entitlements or raising revenues in It is a straight, neutral continuation of which the funding formula does not the form of user fees for taxes. This funding, and it is essential in order to work. We call these funding anomalies. causes several problems. Mandatory keep the government open. The Presi- They happen every year. One cannot offsets are easier said than done. Rais- dent will sign it. He has made that predict what they are or the solution ing taxes or enacting user fees are defi- quite clear in the statement he sent to take care of them. But, they must nitely not in this committee’s jurisdic- this morning, and I think every Mem- be addressed or else significant unde- tion. And even if they were, I am not ber of the House, if there is a vote on sirable impacts result if they are not aware of any popular tax increases or this, ought to vote for it. addressed. So my point in bringing this user fee increases that we could easily Having said that, I think it is regret- to the attention of Members is that put in our bills in order to satisfy the table that we have been brought here even if there were an automatic con- President’s additional spending re- by an unhappy set of circumstances. tinuing resolution that we had adopted quests, or desires. Last year we had a considerable degree weeks or months ago, we would still be This has been an historic problem for of bipartisan cooperation between both out here with an absolutely necessary the committee. For years budgets have parties, and as a result, we achieved I technical adjustment to the permanent included these types of offsets to en- think some real substantive victories funding authority. This would give rise able more spending. It is just that the for the American people, something to an opportunity for extraneous mis- amount of the needed offset is so much which this House on both sides of the chief, the very thing that is supposed bigger this year than it has ever been. aisle can take pride in, and we had an to be avoided in the automatic CR sce- The spending in this year’s budget re- extremely civil year of doing the peo- nario. So, in my view, there is no way quest was $9 billion over the caps ple’s business. around the need for ad hoc legislation which would require that same amount Everyone understands that the gen- even with the automatic continuing in offsets. This is a very difficult prob- tleman from Louisiana and I have a resolution. The solution to this expo- lem to overcome, and still stay within very good personal relationship. I con- sure is to have the member discipline the caps. Administration officials sider him to be one of the best friends not to add extraneous matters, as we claim to have some ideas on offsets I have in the House and one of the best have exercised today. that could help us get the job done, and legislators in the House. I am proud of Mr. Speaker, this is not the main we asked to see those offsets that they that relationship. reason to not enact an automatic CR. had said they had as far back as July, However, there have been many ex- The main reason is it removes the pres- some 2 months ago, but we still have ternal factors which have operated to sure to get our regular work com- not seen them. They promised, maybe make our job much more difficult this pleted, in addition to biasing the nego- the check is in the mail, but we have year. We have, in my view, instead of tiating process on annual funding bills. not seen it. seeing a mindset of cooperation from Now I want to talk about getting our Another complicating factor this the majority caucus, this year we have work done. year is that we are facing some large had much more of a mindset of con- The Military Construction bill is on emergency funding needs that have to frontation on at least half of the appro- the President’s desk. There are 7 more be addressed before we can complete priation bills that have moved through bills in conference, and one more has our work this year. We will need to ad- this House. H7934 CONGRESSIONAL RECORD — HOUSE September 17, 1998 Under the law, we are supposed to I was in Alaska last year. I was horri- one-third of the world and threatens to have the budget resolution passed by fied when I overflew the Tongass and cripple our own economic recovery. So the time we have our summer break, some of the other areas and saw some we have had all kinds of these gratu- and we are supposed to have all 13 ap- of the extreme clear-cutting that have itous roadblocks put in the way of our propriation bills passed by October 1. been going on by the native corpora- getting our business done. b 1100 tions up there. That had not fit my im- I would say it appears to me that this pression of what had been happening up Congress has done an extensive job of We are in the situation, and this has there. investigating but a pitiful job of legis- not happened, I do not believe, since I We had a bill on the interior appro- lating when it comes to meeting the have been here, where we still do not priation bill that would make that primary responsibility this Congress have a budget resolution passed. So we matter worse on the transportation ap- has each year, which is to keep the are operating on an ad hoc basis be- propriation bill. Again, we have seen government open by funding the basic cause of that. That makes it more dif- an antienvironmental rider added, activities of government through the ficult for this committee to do its which takes a bill which ought to have appropriations process. work. been relatively noncontroversial. I was This committee has once again been It is not unprecedented for the House very surprised that that bill had not thrown into the briar patch on many not to finish all of its appropriation been sent to the President a long time issue that we do not have the expertise bills before October 1. We were fortu- to deal with and do not have the juris- nate enough that we were able to do ago. But riders like that have held that diction to deal with it. that the year that I was chairman. bill up as well. Agriculture. This Congress or rather I would point out also that, well I That was not because of any special ac- the previous Congress voted for the will not comment on the Korean situa- tion taken by me or by my committee. horrendous so-called Freedom to Farm tion until we get the foreign ops bill We did have a very good bipartisan Bill which has turned into a Freedom- up, but I just have to say this, I am dis- working relationship that year. But we turbed by the fact that virtually none also had the leadership of both parties to-Fail-at-Farming bill because of the working together along with the White lack of a safety net that is provided for of these bills are really moving. It seems to me that there is a con- House to make it happen. American farmers in that legislation. We have not seen that this year, un- It is obvious the majority party does scious decision on the part of a number fortunately. So as a consequence, not a not know how to deal with that, so of the players to want to push their single appropriation bill has yet been that appropriation bill is hung up also. bills into a giant omnibus appropria- signed into law. I think I need to cite That matter is then made worse by tion bill at the end so that they can some of the reasons for that. the refusal of the majority party to send a huge vehicle to the President First of all, the majority has chosen support funding for the IMF so that we and on a take-it-or-leave-it basis. to produce a Labor, Health, Education, can provide some additional stability I hope that is not true because that is and Social Services bill which was so in our export markets so that we have the way that we get into an awful lot extreme in its nature that they have a greater ability to export our agricul- of trouble around here. We need to be not been able to pass it in this House. tural products to those areas. Yet, we trying to work out these individual The Senate, their Senate Republican are being denied an opportunity in this bills. We do not need a situation to be counterparts have produced a signifi- House even to vote on that crucial developed where the Congress tries to cantly more moderate bill; still not issue. take advantage of what the majority what we need to have a signed product. The District of Columbia appropria- party may see as the perceived weaken- But the very act of restoring some of tion bill has been held up by a gratu- ing of the President’s position and use the funding that the Senate has re- itous decision on the part of this body that to try to ram at him and stick in stored for programs like low income to insist that the District of Columbia his ear a whole range of outrageous heating assistance and summer jobs, engage in an experiment on edu- propositions that they know he is cer- that very act demonstrates that the cational vouchers which many of us tainly not willing to accept, as we are majority in the other body recognizes would not support if that were man- not willing to accept. that the Labor, Health, Education ap- dated on our own local districts. So I would simply say that I think propriation bill produced by the major- Then we come to the foreign oper- the committee is doing the responsible ity in this House is so extreme that ations bill. That bill in the past has thing in bringing this continuing reso- they do not want anything to do with been handled on a bipartisan basis, and lution to the floor in the shape it is in. it. the bill has largely been worked out be- I do not think that the process by On the Veterans Administration, fore it has come to the floor. This time, which we have gotten here has been HUD, EPA bill, that bill should have for a variety of reasons, that has not particularly responsible. That is not been on the President’s desk. It has a happened, despite the agreement that the chairman’s fault, but I do want to number of problems associated with it was voiced in the Committee on Appro- say that I expect we are going to have which are solvable; but, yet, that bill priations that the majority would have to have a number of additional short- has been thrown into turmoil because its language in the bill on the Mexico term continuing resolutions because it of the insistence of the majority that City family planning issue. certainly seems to me that it is not they attach a totally irrelevant hous- We were told that, as part of that likely that we will have our work done ing authorization bill, a huge bill agreement, if we did not try to take for the next fiscal year by the time this which the authorizing committee has the language out of the bill, we would pending continuing resolution expires not been able to get through the Con- have, on this side of the aisle an oppor- in early October. gress. tunity for an alternative to be offered I hope that there is a willingness to So they lay it onto the appropriation so that we could have an up or down stay in session this year until our job bill, asking the Committee on Appro- vote on the two viewpoints on that is done on these bills. priations to carry that extra freight, issue. Mr. Speaker, I reserve the balance of and that is more freight than the sys- The gentlewoman from California my time. tem will bear. So that has broken (Ms. PELOSI) has been blocked from Mr. LIVINGSTON. Mr. Speaker, I down. having a clean shot at an alternative. yield myself such time as I may con- On interior, the bill that funds most In addition to that, the Committee on sume. of our natural treasurers and the pres- Rules is preventing us from even hav- Mr. Speaker, I would only point out ervation and stewardship of those ing a vote on the IMF. That vote is in response to the gentleman’s com- treasures on an annual basis, that bill central to helping to stabilize inter- ments that I sympathize with his frus- has been loaded down with extreme en- national exchange rates, to stabilize tration. We are at the end of the year. vironmental riders in the other body, the international trading arrange- We have gone through a great deal of unnecessary roads through wilderness ments so that we have an opportunity tug and pull on lots of legislation but areas, additional logging of the to try to do something about the deep we are down to the last two bills. In Tongass. recession which is plaguing at least the next few weeks, we are going to get September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7935 through those bills. Whether there is repeat of 1995. None of us want that to timely budget resolution which this an omnibus bill or not is still too early happen, particularly in the context House is to adopt and the Senate is to to tell. I would love to make sure that that we are currently operating. So it adopt. That budget provides the format we get each individual bill signed, but is incumbent upon the leadership of the around which our Committee on Appro- that takes cooperation from not only Committee on Appropriations, but priations can approve the 13 appropria- this body and the other body but the most importantly the Members of Con- tion bills and avoid a government shut- White House as well. gress who may have ideas that they down. They have indicated that they have think are meritorious but in reality Mr. Speaker, there is only one prob- no objection, the White House has no would only cause the government to lem. For the first time I guess in the objection, to this particular resolution, stop functioning to keep our appropria- history of the Budget Act, certainly in and I would urge the House to adopt it tions bills clean. Another government recent memory, there is no budget. in its current form, and I think that is shutdown is the one thing that must be Now, that is the Republican leadership. just what we should do and let the rest avoided. It is not a matter, as the chairman of of it take place in its natural order. So let me just thank the leadership the Committee on Appropriations indi- Mr. Speaker, I reserve the balance of on both sides of the aisle for this con- cated, of trying to cast blame every- my time. tinuing resolution. I trust it will be where. Blame does not belong every- Mr. OBEY. Mr. Speaker, may I in- passed unanimously, and I trust that it where. It just belongs one place. Right quire how much time I have remain- is a precedent for the kind of biparti- up here with the Republican leader- ing? san cooperation that serves this Con- ship. They are leading. They have the The SPEAKER pro tempore (Mr. gress well but most importantly serves majority and they claim and profess to LAHOOD). The gentleman from Wiscon- this nation well. be very concerned with fiscal respon- sin has 16 minutes remaining. Mr. LIVINGSTON. Mr. Speaker, I sibility, and yet we have come through Mr. OBEY. Mr. Speaker, I yield 3 yield myself such time as I may con- this year and they cannot even produce minutes to the gentleman from Vir- sume. a budget. It is, indeed, rather amusing to hear ginia (Mr. MORAN). Mr. Speaker, I would only say that I some of these commentators ask Mr. MORAN of Virginia. Mr. Speak- appreciate the comments of the gen- whether or not the government will er, I thank the very distinguished tleman from Virginia (Mr. Moran) and slow down because of all the revela- ranking Member of the Committee on share his sentiment about the shut- tions and scandals that they are focus- Appropriations for yielding. down. I do not think anybody wants ing on. If this House slows down any Mr. Speaker, I also thank the chair- that on this side. man of the Committee on Appropria- more, it will be going backwards. This b tions for those last words that the 1115 is the House that could not produce a chairman uttered. They are music to We certainly look forward to working budget, that has produced exactly 1 of our ears. The chairman committed with the Members of the minority to the 13 appropriation bills over there on himself to assure that these appropria- make sure that there is no shutdown. the President’s desk. tions bills, all of them except military We hope that the administration and The people that are asking, well, can construction, which is now on the the President are equally committed to the President do his job? Well, the President’s desk and we assume would maintaining the continuity of govern- President cannot sign appropriation bills that are not on his desk. And be signed, those other bills will, in fact, ment so that Federal employees will right now, 2 weeks before the govern- get passed; no government shutdown, not be impacted unnecessarily. ment is to conclude this fiscal year, it no delaying the government, getting On his other point on the budget res- has no budget and one of 13 appropria- the Congress’ business done when it olution, I would like to challenge the gentleman’s recollection, because in tion bills. needs to be done. Credit is due here. These folks had a the 21 years that I have been here, all I understand that the principal rea- preconceived notion that the best of which have transpired since the pas- son why our appropriation bills have thing, given the fragile nature of their sage of the budget resolution, I believe been delayed, at least from a proce- coalition, was to do as little as possible dural standpoint, is that this is the we have come through this process this year except perhaps occasionally first time, since the budget act was without a budget resolution on at least painting Democrats as pagans. They passed, that we have no budget resolu- two occasions, and possibly more fre- have done a pretty good job of both. tion. It was due April 15. So it has been quently than that back in the 1980s They have done a pretty good job of very difficult for the Committee on Ap- when the Democrats were in control. doing nothing. And whenever they propriations to fulfill its responsibility Mr. Speaker, I reserve the balance of tried to do something, such as the ap- when we have no budget resolution. my time. propriations for all of the Health and This CR is the right thing. I hope this Mr. OBEY. Mr. Speaker, I yield 4 Human Services in the United States, is a precedent to have an appropria- minutes to the gentleman from Texas they could not agree between them- tions bill, a continuing resolution (Mr. DOGGETT). selves. which does not have any of the divisive Mr. DOGGETT. Mr. Speaker, it is en- So, here we are 2 weeks before the issues, which is not designed to cause couraging to hear the gentleman from conclusion of this fiscal year and we the President to veto it, which is sim- Louisiana (Mr. LIVINGSTON) indicate have yet to have a chance to vote on ply designed to enable the government that the Republicans are not interested the floor of this House concerning the to function in the proper way. It shows in shutting down the government again appropriations for all of the Health and it can be done. as they did in 1995. Certainly, if by vot- Human Services operations throughout My fear is that we will get to October ing for this resolution we can discour- this whole country. 9 and despite the best efforts of the age them from doing that again, that Folks want to focus only on what has Committee on Appropriations, Mem- would be important to the country. happened down at 1600 Pennsylvania bers will add things in appropriations It seems these days that the ‘‘all Avenue. This is a true crisis for the bills that were not designed to enable news’’ channels and the semi-pseudo- country, that if our Republican friends the government to carry out its proper news channels are preoccupied with a continue to pursue a policy of doing role but instead were designed for pure- new format of ‘‘All Monica, All the just next to nothing, as little as they ly partisan political purposes, knowing Time,’’ and I do not suppose that there possibly can, and if they continue to they would force the President to veto is any way to get them to refocus on tuck into these appropriation bills any of those individual appropriations anything else like this mess. But I anti-environmental provisions, as they bills. At least if we have a continuing think it is worth noting the mess that did with some of the appropriation bills resolution, it should be similar to this we are in and how we got here. earlier that they could not pass on bill today, one that will enable the gov- I serve on the Committee on the their own merit, but more dirty water ernment to continue functioning. Budget and the way this process is sup- and less clean air is something they The worst thing we could do is to posed to work is that the Committee can tuck into the fine print of the ap- shut down the government, to have a on the Budget is supposed to produce a propriation bills on the few that they H7936 CONGRESSIONAL RECORD — HOUSE September 17, 1998 do pass, if they continue to pursue that do with what the previous speaker just Mr. LIVINGSTON. Mr. Speaker, I ob- approach, then simply passing the reso- said. ject to the vote on the ground that a lution for which we are going to join in The gentleman from Louisiana (Mr. quorum is not present and make the bipartisan support this morning will LIVINGSTON) has indicated that this is point of order that a quorum is not not get the job done and will not avoid not an unprecedented situation. The present. a government shutdown. fact is, I believe, if he will check the The SPEAKER pro tempore. Evi- So, let us get to work, have clean ap- record he will find out, that we have dently a quorum is not present. propriation bills that finance the gov- never gotten to the end of the session The Sergeant at Arms will notify ab- ernment, that make up for about 9 without the passage of a budget resolu- sent Members. months of doing next to nothing, get a tion. The vote was taken by electronic de- budget out here and let us move the I would point out also that the re- vice, and there were—yeas 421, nays 0, country along on the problems that sponsibility for that is very clear. It not voting 13, as follows: really matter in the lives of families lies with the people who run the Con- gress, because the President does not [Roll No. 445] that are struggling to make a go out YEAS—421 there across America. sign the budget resolution. He has no Abercrombie Crane Hayworth Mr. LIVINGSTON. Mr. Speaker, I role in determining what the budget resolution is. The budget resolution is Ackerman Crapo Hefley yield myself such time as I may con- Aderholt Cubin Herger sume. a Congressional Budget Resolution. Allen Cummings Hill There is none, and that is why this in- Andrews Cunningham Hilleary Mr. Speaker, I do not believe I have Archer Danner Hilliard any more requests for time, but let me stitution has been forced to operate on an ad hoc basis. Armey Davis (FL) Hinchey simply say that as much as I appre- Bachus Davis (IL) Hinojosa Mr. Speaker, I would point out also ciate the comments of the preceding Baesler Davis (VA) Hobson that just because there was a budget Baker Deal Hoekstra speaker, I find it intriguing to hear a agreement to live within certain caps, Baldacci DeFazio Holden Member of the Committee on the Budg- does not mean that this Congress is Ballenger DeGette Hooley Barcia Delahunt Horn et complain about the fact that there free to load up all of these appropria- is no budget. Barr DeLauro Hostettler tion bills with anti-environmental rid- Barrett (NE) DeLay Houghton As an appropriator, I regret that. But ers, with anti-consumer riders, with all Barrett (WI) Deutsch Hoyer I would have to say that it really does kinds of unrelated and nongermane Bartlett Diaz-Balart Hulshof not make any difference, because the Barton Dickey Hunter amendments, which turn relatively be- Bass Dicks Hutchinson leadership of this Congress in both the nign appropriation bills into highly Bateman Dingell Hyde House and Senate agreed with this controversial matters that the major- Becerra Dixon Inglis President last year, about a year ago, ity party itself is split over. Bentsen Doggett Istook almost maybe 13 months ago, to bal- Bereuter Dooley Jackson (IL) So it just seems to me, and I do not Berman Doolittle Jackson-Lee ance the budget. When? By the year want to continue this, I raise this sim- Berry Doyle (TX) 2002. And they gave us a platform on ply because I believe that if we are Bilbray Dreier Jefferson how to do it. going to get out of here before Novem- Bilirakis Duncan Jenkins Bishop Dunn Johnson (CT) Mr. Speaker, I believe the gentleman ber 3, we must have a different mind- Blagojevich Edwards Johnson (WI) must have been a party to that because set than we have seen this year. This Bliley Ehlers Johnson, E. B. he is on the Committee on the Budget. Congress must return and the majority Blumenauer Ehrlich Johnson, Sam They gave us a program to balance the party must return to the mind-set that Blunt Emerson Jones Boehlert Engel Kanjorski budget by the year 2002. Lo and behold, they exhibited the year before when Boehner English Kaptur because of their good works, we have a there was strong bipartisan coopera- Bonilla Ensign Kasich balanced budget not in the year 2002, tion, strong cooperation with the Bonior Eshoo Kelly Bono Etheridge Kennedy (MA) but this year. We have a surplus for the President, and as a result we had a Borski Evans Kennedy (RI) first time in my adult life, $63-billion- year that I thought all of us could be Boswell Everett Kennelly plus surplus. proud of. This year has not been that Boucher Ewing Kildee We should be proud of that. Last kind of year because of the decision to Boyd Farr Kilpatrick Brady (PA) Fattah Kim year, the President of the United revert to a confrontation mode on the Brady (TX) Fawell Kind (WI) States, and I believe he is a Democrat, part of the House Republican Caucus, Brown (CA) Filner King (NY) agreed with the leadership of both at least some elements of it. I think it Brown (FL) Foley Kingston Houses of the Congress to set caps on is that mind-set which must be Brown (OH) Ford Kleczka Bryant Fossella Klink the amount of spending within the dis- changed if we are not going to be here Bunning Fowler Klug cretionary part of the budget. We are two and three more times before the Burr Fox Knollenberg proposing funding up to those caps. We end of the calendar year, providing for Burton Frank (MA) Kolbe yet another short-term continuing res- Buyer Franks (NJ) Kucinich are spending exactly the amount of Callahan Frelinghuysen LaFalce money that the President agreed to. In olution. Calvert Frost LaHood fact, I dare say it is possible, with some Mr. Speaker, I yield back the balance Camp Furse Lampson emergency funding, we may exceed the of my time. Campbell Gallegly Lantos Canady Ganske Largent spending of the cap levels. But we are Mr. LIVINGSTON. Mr. Speaker, I yield back the balance of my time. Cannon Gejdenson Latham basically adhering to rules on those Capps Gekas LaTourette The SPEAKER pro tempore (Mr. caps. Cardin Gephardt Lazio LAHOOD). All time for debate has ex- Carson Gibbons Leach The gentleman that preceded me pired. Castle Gilchrest Lee should be proud of that instead of ha- The joint resolution is considered as Chabot Gillmor Levin Chambliss Gilman Lewis (CA) ranguing us on the floor for no budget having been read for amendment. resolution, which means nothing any- Chenoweth Goode Lewis (GA) Pursuant to House Resolution 541, Christensen Goodlatte Lewis (KY) way. We are spending what the Presi- the previous question is ordered. Clay Goodling Linder dent agreed to, and he should applaud The question is on the engrossment Clayton Gordon Lipinski that, and he should rejoice for all Clement Graham Livingston and third reading of the joint resolu- Clyburn Granger LoBiondo Americans are better off for our ac- tion. Coble Green Lofgren tions. The joint resolution was ordered to Coburn Greenwood Lowey Mr. Speaker, I reserve the balance of be engrossed and read a third time, and Collins Gutierrez Lucas my time. Combest Gutknecht Luther was read the third time. Condit Hall (OH) Maloney (CT) Mr. OBEY. Mr. Speaker, I yield my- The SPEAKER pro tempore. The Conyers Hall (TX) Maloney (NY) self 3 minutes. question is on passage of the joint reso- Cook Hamilton Manton Mr. Speaker, the gentleman from lution. Cooksey Hansen Manzullo Louisiana (Mr. LIVINGSTON), my good The question was taken; and the Costello Harman Markey Cox Hastert Martinez friend, has given an interesting speech. Speaker pro tempore announced that Coyne Hastings (FL) Mascara It really does not have a whole lot to the ayes appeared to have it. Cramer Hastings (WA) Matsui September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7937 McCarthy (MO) Petri Smith, Adam suant to clause 1(b) of rule XXIII, declare the that concerns the unauthorized and McCarthy (NY) Pickering Smith, Linda House resolved into the Committee of the McCollum Pickett Snowbarger legislative provisions in an appropria- Whole House on the state of the Union for tion bill, and it also waives clause 6 of McCrery Pitts Snyder consideration of the bill (H.R. 4569) making McDade Pombo Solomon appropriations for foreign operations, export rule XXI concerning reappropriations. McDermott Pomeroy Souder The rule provides for 1 hour of gen- McGovern Porter Spence financing, and related programs for the fis- McHale Portman Spratt cal year ending September 30, 1999, and for eral debate, equally divided between McHugh Price (NC) Stabenow other purposes. The first reading of the bill the chairman and the ranking minority McInnis Quinn Stark shall be dispensed with. Points of order member of the Committee on Appro- McIntosh Radanovich Stearns against consideration of the bill for failure priations. The bill will then be open for McIntyre Rahall Stenholm to comply with clause 1(b) of rule X, clause amendment under the 5-minute rule for McKeon Ramstad Strickland 2(l)(6) of rule XI, or clause 7 of rule XXI are McKinney Rangel Stump waived. General debate shall be confined to a period of 5 hours, and so this bill will McNulty Redmond Stupak be completed today. Meehan Regula Sununu the bill and shall not exceed one hour equal- Meek (FL) Reyes Talent ly divided and controlled by the chairman Amendments to be offered must have Meeks (NY) Riley Tanner and ranking minority member of the Com- been printed in the portion of the CON- Menendez Rivers Tauscher mittee on Appropriations. After general de- GRESSIONAL RECORD which is des- Mica Rodriguez Tauzin bate the bill shall be considered for amend- ignated for that purpose in clause 6 of Millender- Roemer Taylor (MS) ment under the five-minute rule for a period rule XXIII. Pro forma amendments for McDonald Rogan Taylor (NC) not to exceed five hours. The bill shall be Miller (CA) Rogers Thomas considered as read through page 141, line 18. purposes of debate are also in order. Miller (FL) Rohrabacher Thompson The rule also makes in order five spe- Minge Ros-Lehtinen Thornberry Points of order against provisions in the bill Mink Rothman Thune for failure to comply with clause 2 or 6 of cific amendments, each one to be of- Moakley Roukema Thurman rule XXI are waived. No amendment to the fered at the appropriate point in the Mollohan Roybal-Allard Tiahrt bill shall be in order except: (1) pro forma reading of the bill, and subject to de- Moran (KS) Rush Tierney amendments for the purpose of debate; (2) bate equally divided and controlled for Moran (VA) Ryun Torres amendments printed in the portion of the a specified period of time. And those Morella Sabo Towns Congressional Record designated for that Murtha Salmon Traficant times are listed here if Members need purpose in clause 6 of rule XXIII; and (3) Myrick Sanchez Turner amendments printed in the report of the to look at it. Nadler Sanders Upton Each of these amendments shall be Neal Sandlin Velazquez Committee on Rules accompanying this res- Nethercutt Sanford Vento olution. Each of the amendments printed in considered as read and must be offered Neumann Sawyer Visclosky the report of the Committee on Rules may be by the Member designated in the re- Ney Saxton Walsh offered only by a Member designated in the port. There cannot be a designee or a Northup Scarborough Wamp report, may be offered only at the appro- Norwood Schaefer, Dan Waters substitute. All points of order against priate point in the reading of the bill, shall these five specific amendments are Nussle Schaffer, Bob Watkins be considered as read, shall be debatable for Oberstar Scott Watt (NC) the time specified in the report equally di- waived. Obey Sensenbrenner Watts (OK) The rule provides for votes to be Olver Serrano Waxman vided and controlled by the proponent and an Ortiz Sessions Weldon (FL) opponent, shall not be subject to amendment stacked or clustered so as to expedite Owens Shadegg Weldon (PA) except as specified in the report, and shall procedures here on the floor and to per- Oxley Shaw Weller not be subject to a demand for division of the mit Members to plan their schedules Packard Shays Wexler question in the House or in the Committee of with some degree of certainty during Pallone Sherman Weygand the Whole. All points of order against the Pappas Shimkus White this long day coming. In each such amendments printed in the report are Parker Shuster Whitfield cluster of votes, a 15-minute vote will waived. The chairman of the Committee of Pascrell Sisisky Wicker precede the various 5-minute votes Pastor Skaggs Wilson the Whole may: (1) postpone until a time Paul Skeen Wise during further consideration in the Commit- that follow, in order to give Members Paxon Skelton Wolf tee of the Whole a request for a recorded time to come to the floor. Payne Slaughter Woolsey vote on any amendment; and (2) reduce to The rule provides for one motion to Pease Smith (MI) Wynn five minutes the minimum time for elec- recommit, with or without instruc- Pelosi Smith (NJ) Yates tronic voting on any postponed question that Peterson (MN) Smith (OR) Young (AK) tions. follows another electronic vote without in- Peterson (PA) Smith (TX) Young (FL) And, finally, Mr. Speaker, House Res- tervening business, provided that the mini- NOT VOTING—13 mum time for electronic voting on the first olution 542 waives clause 1(b) of rule X, Fazio John Royce in any series of questions shall be 15 min- which relates to explanations in the re- Forbes Metcalf Schumer utes. At the conclusion of consideration of port or rescissions on transfers of unex- Gonzalez Poshard Stokes the bill for amendment the Committee shall pended balances. Goss Pryce (OH) rise and report the bill to the House with The rule also waives clause 2(l)(6) of Hefner Riggs such amendments as may have been adopted. Rule XI, concerning 3-day availability b 1146 The previous question shall be considered as of the report, and also clause 7 of rule ordered on the bill and amendments thereto XXI, concerning a 3-day availability of Mr. DOOLEY of California and Mr. to final passage without intervening motion CALLAHAN changed their vote from except one motion to recommit with or with- printing requirements. ‘‘nay’’ to ‘‘yea.’’ out instructions. Mr. Speaker, House Resolution 542 So the joint resolution was passed. The SPEAKER pro tempore (Mr. will permit the expeditious consider- The result of the vote was announced LAHOOD). The gentleman from New ation of this bill and is very much the as above recorded. York (Mr. SOLOMON) is recognized for 1 same as the rules which have governed A motion to reconsider was laid on hour. consideration of the foreign appropria- the table. Mr. SOLOMON. Mr. Speaker, for pur- tion bills over the last 5 or 10 years. I f poses of debate only, I yield half of our call on Members to support the rule. It is a good rule. PROVIDING FOR CONSIDERATION time to the gentleman from Dayton, Ohio (Mr. HALL), my good friend, pend- Turning now to the bill itself, I OF H.R. 4569, FOREIGN OPER- would offer just a few brief comments. ATIONS, EXPORT FINANCING ing which I yield myself such time as I might consume. Mr. Speaker, during This is a $12.5 billion bill, which rep- AND RELATED PROGRAMS AP- resents only about eight-tenths of 1 PROPRIATIONS ACT, 1999 consideration of the resolution, all time yielded is for the purpose of de- percent of the Federal budget. But Mr. SOLOMON. Mr. Speaker, by di- bate only. what an important eight-tenths of 1 rection of the Committee on Rules, I Mr. Speaker, let me just say that percent that is; nothing less than the call up House Resolution 542 and ask House Resolution 542 is a modified open foreign policy of the United States. for its immediate consideration. rule. It provides for the consideration The Committee on Appropriations is The Clerk read the resolution, as fol- of H.R. 4569, which is the Foreign Oper- always tasked with striking a difficult lows: ations and Export Financing appropria- balance between scarce resources on H. RES. 542 tion bill for fiscal year 1999. the one hand and a great number of Resolved, That at any time after the adop- At the outset, I would note that the pressing and conflicting needs on the tion of this resolution the Speaker may, pur- rule waives clause 2 of rule XXI, and other hand. But by their very nature H7938 CONGRESSIONAL RECORD — HOUSE September 17, 1998 and their importance, the kind of Mr. HALL of Ohio. Mr. Speaker, I amendment adding $14.5 billion in cred- issues that are dealt with in this bill thank the gentleman from New York it for the International Monetary tend to be less forgiving of mistakes (Mr. SOLOMON) for yielding me the Fund. This would bring total IMF fund- and miscalculations than those in most time, and I yield myself such time as I ing to the level requested by the Ad- other bills. may consume. ministration. Withholding funds is dan- And, of course, this legislation has no This is a modified open rule which gerous because the IMF is already built-in constituency for Members of will allow consideration of H.R. 4569, spread thin as a result of the financial Congress. It is a sobering realization which is the foreign operations appro- crises in Asia, Russia and Latin Amer- that weighs heavily on the appropri- priation bill for fiscal year 1999. ica. Unless checked, these inter- ators, and I believe the gentleman from As my colleague from New York de- national economic problems could seri- Alabama (Mr. CALLAHAN), his ranking scribed, this rule will provide one hour ously affect our own economy. member, the gentlewoman from Cali- of general debate to be equally divided One of the most disappointing provi- fornia (Ms. PELOSI), and the whole sub- and controlled by the chairman and sions in the bill cuts international dis- committee and their staff are to be ranking minority member of the Com- aster assistance $55 million below the thanked for the good job they have mittee on Appropriations. Though this Administration request. The Inter- done on a very difficult, difficult bill. is technically a modified open rule, I national Disaster Assistance program Certainly in this bill, as in all bills, want to make sure my colleagues un- helps victims of natural and man-made there are things individual Members derstand that it severely limits the op- disasters. Projects funded under this will find fault with. There are elements portunities for floor debate. The rule program include airlifting relief sup- that I disagree with personally. But requires amendments to be preprinted plies to disaster-stricken people in re- the appropriators have brought us a in the CONGRESSIONAL RECORD. This is mote locations, supporting supple- bill that deserves the very careful at- a significant limitation considering mentary feeding centers for severely tention of every Member. And once the that the bill was reported two days ago undernourished children; immunizing rule process is over today, we should and has been available for only a short dislocated populations against disease; allow the House to work its will and we period of time. The amendment process and providing water purification to re- will come up with a good piece of legis- is limited to five hours. Again, this is duce deaths from cholera following lation. a significant limitation. Under the floods. This is the type of foreign as- Mr. Speaker, this may be one of my rule, time spent on voting is counted sistance Americans most strongly sup- last opportunities to address the House toward the time cap. This is a con- port and we should be increasing it, not on the subject of foreign policy. I troversial bill and many Members will cutting it. served on the Foreign Affairs Commit- want to offer amendments and partici- I personally have witnessed our hu- tee for 6 years prior to becoming chair- pate in floor debate. Under the time manitarian relief programs working in man of the Committee on Rules, and cap, some Members may not have the countries where wars, famines and dis- the world has changed immensely since chance to offer their amendments be- asters threaten the lives of thousands I came here as a freshman Member in cause time will run out. of innocent people. I have seen des- 1978, 20 years ago. Unquestionably, the The rule permits five specific amend- perately malnourished babies brought most world-shaking event since then ments that would otherwise be out of back to life in emergency feeding cen- was the end of the Cold War and the si- order. Only one of these is a Demo- ters. I have seen people whose farms multaneous disintegration of the So- cratic amendment, even though many were destroyed given seeds and tools to viet Union, all for the good of man- Democrats asked the Committee on feed themselves and rebuild their lives. kind. But the world remains a very Rules for waivers. The rule waives the I have seen children lost to their fami- dangerous place, and we should not for- requirement for the committee report lies in the chaos of war reunited with get that. to be available for three days prior to their mothers and fathers. Everywhere floor consideration. I realize the neces- I have seen the gratitude in the eyes of b 1200 sity for moving quickly on this bill, the people we have helped and the re- Saddam Hussein provides ample proof but waiving this rule makes it difficult spect we have earned as humanitarian that a dictator need not be guided by a for the public and even House Members leaders. universalist ideology in order to pose a to get timely information about the Later, when the House begins the threat to our country and to our allies. bill. I checked this morning and it is amending process, the gentleman from Personal megalomania can be more my understanding the committee re- California (Mr. CAMPBELL) and I will than enough. port is not even available on the World offer a bipartisan amendment to re- Let us never be lulled into compla- Wide Web. store $30 million to the International cency or a false sense of security. The The bill contains many good provi- Disaster Assistance account. The world will always be a dangerous place, sions. It increases UNICEF funding by money would come from funds freed up at least for so long as some people and $5 million over last year’s level. It re- when the full Committee on Appropria- some nations are free and the others stores an administration cut of $47 mil- tions cut a program designed to halt are not. And there are those that would lion to the Child Survival and Disease North Korea’s potential to produce nu- like to take away our freedoms. Amer- Programs Fund, bringing spending clear weapons. I share the concerns ica must always be willing to pay the back to last year’s level. It also in- that led to these cuts, but I hope that price of leadership, and that includes creases Peace Corps funding above last Congress will support the Senate ver- moral leadership, both personally and year’s level. However, the overall sion which gives the President the au- as a Nation. We must always keep in spending levels in the bill are inad- thority to keep our 1994 agreement mind Alexander Hamilton’s solemn equate to handle our international with North Korea after certifying warning that a Nation which prefers commitments and our responsibility to North Korea’s compliance with it. That disgrace to danger is prepared to lose assist the poor and needy of the world. is in our national interest, and it is the its freedom, and they would deserve to The bill makes deep cuts in assistance route supported by our allies in South do so. to Russia and the World Bank’s Global Korea who would bear the brunt of any Mr. Speaker, having said that, I urge Environmental Facility, and it reduces attack by North Korea. support for this rule. It is a fair rule. It aid to Israel and Egypt. Because of the cuts in this bill, the does deal with the issue of abortion as Overall, the bill reduces spending by Administration has threatened a veto. many of my colleagues know. But we 2.4 percent below last year’s level, and Unfortunately there is not much we have been very careful to make sure almost 9 percent below the Administra- can do to improve this bill because of that whether Members are of a philoso- tion’s request. The bill does not include the severe funding constraints we are phy of pro-choice or pro-life that there the full Administration request for $18 working under. Still I hope that we can will be a fair debate on this issue and billion for the International Monetary offer some improvements during the both sides can enter into that debate. Fund. amendment process. Mr. Speaker, I reserve the balance of Regretfully, the rule denies a Demo- Mr. Speaker, I reserve the balance of my time. cratic request to make in order an my time. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7939

Mr. SOLOMON. Mr. Speaker, I yield I rise today in opposition to this rule. the gentleman from Alabama (Mr. CAL- myself such time as I may consume. I understand the Chairman’s view. But LAHAN) has indicated that this matter At the outset I mentioned my good the rule does not provide, in my opin- of IMF funding will probably be ad- friend from Dayton, OH (Mr. TONY ion, for certain essential things. First dressed in the conference. What I am HALL). He is a good friend, but I think and foremost from my perspective, the saying is I hope that that is the case. It he protests too much when he com- rule does not permit debate and action is important that that be done. But if plains that this rule would not give on funding of the IMF. That is because that is going to be done, presumably, Members fair opportunity to debate the the rule does not protect an amend- therefore, there is the contemplation bill. He was complaining that some ment restoring the IMF’s funding as it that this issue will in fact be voted on Democrat Members were not permitted would necessarily have to, in order to by this House. It may modify or affect, to have their amendments made in be sustained against a point of order. as the gentleman knows, the rules order. The truth is we denied, I think, It is critical, Mr. Speaker, that we under which we do it and the points of eight Democrat Members. Most of fully fund the International Monetary order that may or may not be able to those Members had not only filed late, Fund this year. Congress failed to fund be raised. but also they were asking for waivers the IMF at sufficient levels in Fiscal I understand what the gentleman is beyond the normal rules of the House. Year 1998. Those of us who support saying. I am pleased at that. All I am Not only did we deny those eight, we funding the IMF agreed to wait until a saying is this would be a more timely denied 13 Republicans as well. We supplemental appropriations bill came fashion to do it and send a better mes- should be following the germaneness before the House. We were guaranteed sage, in my opinion, to all the world. that the remaining funding for the IMF rules of the House. We have certainly b 1215 tried to do that. would be included in a supplemental. It Make no mistake about it, this rule has not been, contrary to that guaran- Mr. HALL of Ohio. Mr. Speaker, I is an open rule. This rule allows any tee. Now IMF opponents are trying, yield 3 minutes to the gentleman from Member of this House over the next once again, to prevent us from provid- Minnesota (Mr. MINGE). seven hours to come to the floor and, ing the full $18 billion that is needed Mr. MINGE. Mr. Speaker, I thank the under normal rules of the House, offer for the IMF. gentleman from Ohio (Mr. HALL) for cutting amendments, they can offer I also want to support an amendment yielding this time to me. offsetting amendments, they can offer that will be offered on section 907 of Mr. Speaker, I would like to associ- limitation amendments, they can offer the Freedom Support Act. Last week, ate myself with the views of the gen- striking amendments. And that is what the full Appropriations Committee tleman from Maryland (Mr. HOYER). would happen if we brought this bill di- passed an amendment which struck Certainly, representing an agricultural rectly to the floor. section 907. I opposed this amendment. area with a depressed farm economy, Now, the question was made, ‘‘Well, We find ourselves in a situation where we are keenly interested in full funding we won’t have enough time to consider Azerbaijan has for 9 years blockaded of the International Monetary Fund. all of these amendments.’’ I will just Nagorno-Karabagh and Armenia from The signal that sends to the economies tell my colleagues, seven hours from fuel, food, medicine, and other vital in other parts of the world that are now, we will not have used all the goods. I believe it is critically impor- such important destinations for Amer- time. We will not use the full five tant that we reinstate section 907, and ican agricultural products cannot be hours. We will not use the full time on therefore will support an amendment under- or cannot be overestimated. We this debate on this rule, or even the which will be offered to do so. must move in that respect in a very I will be joined, I know, by the gen- one hour of general debate. There is speedy and deliberate fashion. tleman from Virginia (Mr. WOLF), the hardly anybody here to speak on this I would like to raise a different issue, gentleman from New Jersey (Mr. matter today. It makes me concerned however, with respect to this legisla- SMITH) and others who have been there that people would say that this rule is tion, this bill and other matters that and know firsthand the situation. somehow being very restrictive. It is a we are considering today, this week I appreciate what the Chairman of and next week; and that is, where is totally open rule. I hope everybody the Committee on Rules is saying in supports it. the budget resolution? I am pleased terms of some aspects of this rule being that we are able to take up the appro- Mr. Speaker, I reserve the balance of open, but I do not believe that the rule priations bills, I am pleased that we my time. goes far enough to allow us to address Mr. HALL of Ohio. Mr. Speaker, I have a continuing resolution so we do critically important issues as we end yield myself such time as I may con- not face a shutdown of Federal agen- this session. I would hope that the rule cies come October 1, but I am very dis- sume. I would just simply say that we would be modified to give greater lati- heartened by the fact that here we are, have 40 amendments that are printed tude for debate and amendment. in the RECORD and we have another five Mr. SOLOMON. Mr. Speaker, I yield 13 days from the beginning of the next amendments with waivers and we have myself such time as I may consume. fiscal year, and we do not yet have a five hours to consider this. The report The previous speaker is one of the most budget resolution that has been passed was not even out by this morning rel- astute members of this body. He is of by this Congress. ative to many of the things that were the highest integrity. I like him very This is a disgrace. We have set up a done in this particular appropriation much. He is a good Member. He always budget procedure by law. We have told bill. Many of us are legislating and does his due diligence. ourselves that we are supposed to fol- thinking about a bill of which we do Therefore, I have to be a little criti- low this. We have told the American not know a lot about. As a result of cal of him on the IMF issue, because people that we will follow this. But that, we feel we do not have the time the gentleman knows that we cannot tragically, we have gone for 5 months really to evaluate it and have debate. make an amendment in order; it would and 2 days past the deadline for having Mr. Speaker, I yield 21⁄2 minutes to require a Budget Act waiver. We are a budget resolution, and we have noth- the gentleman from Maryland (Mr. not going to get ourselves back into ing to show for it. We have to coble to- HOYER). that situation. If we want to consider gether a rule in the Committee on Mr. HOYER. Mr. Speaker, I thank that on a separate bill, that is fine, but Rules so that these appropriations bills the gentleman for yielding time. I want it cannot be a part of this legislation. can come to the floor without violating to share the view of the gentleman Second, the gentleman can be re- the Budget Act. from New York. It is regrettable that lieved to know that he would have that The time has passed for us to do a we do not have more people here. This opportunity on section 907. budget resolution. When the budget is a very important bill. As the gen- Mr. HOYER. Mr. Speaker, will the came up initially in this body, the Blue tleman observed, it is a small amount gentleman yield? Dog Coalition had a budget alternative of money. But it is critically important Mr. SOLOMON. I yield to the gen- that it wished to have made in order. as the world’s leader tries to imple- tleman from Maryland. We were denied the opportunity to ment policy. And it is lamentable that Mr. HOYER. It is my understanding present that budget. That budget is we do not have more Members engaged. that the chairman of the subcommittee fairly close to what I understand is the H7940 CONGRESSIONAL RECORD — HOUSE September 17, 1998 operating procedure that is being fol- colleagues and for the American public strongly support his amendment, and I lowed by the leadership. to understand that the investigation of would like to have made it in order, But the question is: How can the illegal contributions from foreign na- which I could have done. However, in American people trust the United tionals to American campaigns, with doing that, we would have had to waive States Congress to fulfill its respon- the likely intent to influence American various rules. We would then have had sibility in balancing the budget and re- foreign policy, have been stonewalled to perhaps give the same consideration sponsibly dealing with requests for ad- by the lack of cooperation of witnesses to other Republicans and other Demo- ditional funds for disasters, for Bosnia, who have critical testimony and docu- crats, and it just would not have been the International Monetary Fund, for a mentation. Many of these persons are fair to do that. I think the gentleman number of other things, when we do not foreign nationals associated with per- understands. put together a budget, an elemental sons who have already been indicted or Let me just further state that when document that businesses, local gov- convicted by Federal authorities in it comes to the IMF, a lot of us have ernments, State governments operate connection with these illegal schemes. very serious concerns about it; not with, not only in this country but Seventy-nine witnesses have taken the against the IMF itself, but against around the world? It is hard for us to fifth amendment, and more signifi- their policies. One of their policies is tell other countries how they should cantly to this particular bill, 18 have to go around the world, suggesting and get their financial houses in order fled the country or are avoiding inves- demanding that these countries which when we cannot even do a budget reso- tigators by hiding in foreign countries. are going to receive prospective loans lution in Congress. Mr. James Riady is the deputy chair- raise taxes. I think it is a humbling situation for man of Lippo Group in Indonesia, and Well that goes against everything we us to be in, and I urge that the leader- investigators from the other body have believe in, and that is not going to get ship of this body forthwith direct us to- suggested that he has a, quote, ‘‘long- the free market economies going in wards a budget resolution. term relationship with the Chinese in- these countries. They are going to have Mr. SOLOMON. Mr. Speaker, I yield 5 telligence agency. Riady is also re- to cut taxes, they are going to have to minutes to the gentleman from Indiana ported to have called DNC fund-raiser, shrink the government and go to a free (Mr. SOUDER), a very dynamic second- John Huang, our man in the American market economy. The other thing is accountability. term Member of this Congress. He government,’’ end quote. He is now liv- This arrogant IMF organization refuses comes to us from the district of a great ing in Indonesia and refuses to cooper- to be accountable to even the United old friend of mine, Dan Quayle, and he ate with investigators. States of America, which pays about 20 is from Fort Wayne. Ng Lap Seng, a Chinese Communist percent or more of the annual con- Mr. SOUDER. Mr. Speaker, I thank Party official, wired more than $900,000 tribution to IMF. And I just want to the gentleman from New York for in money to Charlie Trie for conduit commend the gentleman from Alabama yielding this time to me. contributions. He lives in Macao and (Mr. CALLAHAN), the chairman of the Mr. Speaker, I am going to support has refused to be interviewed. committee, and the gentlewoman from this rule, even though two of my Ted Sioeng and his network of busi- California (Ms. PELOSI) and others for preprinted amendments are not going ness associates gave $400,000 to the the reforms that they have written to be allowed. There are many of us Democratic Party and 150,000 to Repub- into this legislation, because that goes who would have liked to have some licans. cracks at the IMF. We understand that All these witnesses have refused to a long way towards forcing the IMF to be accountable to the people and the with the struggles in the agricultural cooperate. community, that we really probably do My amendment would have expressed taxpayers that put up the money. I not have any choice at this point but our intent that no country should re- want to commend the gentleman for to fund an organization that has been ceive American taxpayer assistance to his remarks. Mr. SOUDER. Reclaiming my time, I highly secretive, that refuses to co- the IMF unless it is cooperating fully too want to congratulate the gen- operate with Congress, that it is not with American investigations, both tleman from Alabama (Mr. CALLAHAN) clear it is not wasting money through- with Congress and the Justice Depart- for the progress that we have made and out the world. But they have us over a ment, so we can find out whether our the gentleman from New York (Mr. barrel. The question is, how much elections have been influenced by for- SOLOMON) for his support of this legis- money are they going to extort out of eign governments; whether there has lation. I understand the difficulty here. us? And while we might be able to live been a compromise in our government I hope indeed, if in some kind of con- with the amount in this bill, it needs and in our leadership of our country of ference report or end-of-the-year deal to be a minimal amount until they decisions, because of foreign money. there is a bump-up in IMF spending, start to cooperate. And the best way to find out these that we also can look at some of these So it is not only my amendments, things is often by tracking the money. other amendments that Members were but other amendments on this side of And when we track the money in the deeply concerned about and the other the aisle that we wanted to have in New York banks and when we track the matters that the gentleman from New order, and are disappointed that we are money through those international York (Mr. SOLOMON) raised. not able to do that. countries that are cooperating, and Mr. HALL of Ohio. Mr. Speaker, I I particularly want to speak briefly then run into stonewalling in other yield 2 minutes to the gentleman from on the amendments that I wanted to countries, why should our taxpayer Texas (Mr. BENTSEN). offer. I have a bill in, cosponsored by dollars go to these countries to help (Mr. BENTSEN asked and was given the gentleman from New York (Mr. bail out their economies if they are not permission to revise and extend his re- SOLOMON), the chairman of the Com- going to cooperate with us when we are marks.) mittee on Rules, and the gentleman trying find out whether our govern- Mr. BENTSEN. Mr. Speaker, I rise in from Indiana (Mr. BURTON), chairman ment has been put up for sale? It is a strong opposition to House Resolution of the Committee on Government Re- slap in the face to the American tax- 642. My argument today is not with the form and Oversight, that would say as payer for these countries to demand distinguished chairman of the Commit- part of us giving money to the Inter- our financial assistance and then slam tee on Rules. He is just doing his job. national Monetary Fund, if we are the closed door on our investigations My argument today is with the leader- going to use American taxpayer dol- into critical matters affecting our own ship of the House. lars, that the countries that get the national security. Mr. Speaker, it has been nearly a money from the International Mone- Mr. SOLOMON. Mr. Speaker, will the year since the request for more IMF tary Fund should cooperate with Amer- gentleman yield? contribution has come to the Congress, ican investigations in the campaign fi- Mr. SOUDER. I yield to the gen- and in that time while the other body nance violations, much like American tleman from New York. has acted, the House has continued to banks have to do. Mr. SOLOMON. Mr. Speaker, I say to fail to act. And what has happened? We As I have discussed in special order my good friend, the gentleman from In- have seen more nations fall to con- speeches this week, it is critical for my diana (Mr. SOUDER), that yes, I do tagion, the problems spread to Russia, September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7941 to Latin America. We have seen the stricter limitations on certain specific just a few and then brought that to the U.S. stock market erase all the gains amendments. As a comparison, I would floor. Nobody could work their will. for the year. We have seen U.S. eco- ask my colleagues to look at how much This rule is just the opposite. This nomic growth decline by at least 2 per- time this body took to debate and rule makes all of the regular amend- cent because of the Asian situation. We amend the foreign operations appro- ments in order. One can offer striking have seen the stock market today drop priations bill for FY 1998. Last year it amendments, cutting amendments, off- 200 points because of the spread to took us 3 days, 151⁄2 hours, to finish the setting amendments, limitation Latin America, not necessarily based bill, over three times as long as we amendments under the regular rule. on fundamentals but based on a lack of have been given today. Nobody is held back. It is an open rule. confidence in the markets, and particu- The rule also denies the House an op- All we did was make in order several larly in emerging markets. And it portunity to debate the issue of addi- others to go with it. So nobody is shut comes right back here. tional funding for the International out; everybody is allowed. We ought to Now just a couple of weeks ago, we Monetary Fund. Whichever side of the know that. We ought to be fair about saw the chairman of the Federal Re- issue my colleagues stand on, it de- this debate on the floor that we will serve give this speech in Berkeley, serves a full debate by this House. I, for have on the issue of pro-life and pro- California, where he said the U.S. econ- one, strongly support the administra- choice. No one is going to change their omy would not be isolated from this, tion’s request for IMF funding, and I mind. and now the problems of a potential believe that the leadership is playing a I have been here for 20 years; I have world economic crisis are lapping, the dangerous political game by not allow- never seen one Member of this Con- waves of it are lapping on the shores of ing a vote on this issue today. gress, on either side of that issue, America. b 1230 change their mind on a vote on this Now I want to point out to my Re- floor. We all know how we are going to The ongoing economic turmoil in publican colleagues the irresponsibility vote, so let us have the open debate on Asia and Russia is having a serious im- in this area. Two years ago, when we it and let us let the chips fall where pact on Wall Street and other markets came close to defaulting on the U.S. they may. I just had to say that to my around the world, and we must provide debt, my Republican colleagues held up very, very good friend from West- the IMF with the resources it needs to a comment from the firm of George chester, New York. respond to the economic insecurity in Soros and his lead analyst saying that Mrs. LOWEY. Mr. Speaker, will the Russia and Asia as it promotes badly technical default in U.S. treasuries gentleman yield? needed reforms in these countries. would not be that big of a deal, and Mr. SOLOMON. I yield to the gentle- certainly it would. Unfortunately we Finally, the rule violates an agree- ment that we had with the Republican woman from New York. did not do that. But Mr. Soros testified Mrs. LOWEY. Mr. Speaker, I just before the Committee on Banking and leadership on the international family planning issue. By allowing a second want to say to my good friend from Financial Services the other day, and New York, the distinguished chairman here is what he said: degree amendment to the gentlewoman from California (Ms. Pelosi)’s amend- of the Committee on Rules, we have al- Congress bears an awesome responsibility ways had a collegial relationship, and I for keeping the IMF alive. I am convinced ment, the Committee on Rules turned its back on an agreement it made just just want the gentleman to know that that the attitude of the Congress is already everything I have said is meant to be an important element in the failure to deal 1 week ago. On this matter alone, we with Russia. should reject the rule. fair and not to personally attribute anything to our good chairman. Their own person saying this. Mr. Speaker, I urge my colleagues to Now we can go through the politics, stand up for their right to have a full However, I would just like to say to and we can talk about the problems debate on this important legislation, the gentleman from New York (Mr. with the IMF, and we have tried to do and I urge a vote against this terrible SOLOMON) that it was my understand- that on the House Committee on Bank- rule. ing, as we had a meeting in the com- ing and Financial Services, but it has Mr. SOLOMON. Mr. Speaker, I yield mittee, that there would be an oppor- been nearly a year. How long will we myself such time as I may consume. tunity to offer an amendment, because fiddle and allow the world to burn and I would say to the gentlewoman that on the committee we did not have full not deal with the problem at hand, and I really am taken aback by her re- debate on the pro-life/pro-choice issue, how much will the American workers marks. I harken back to only last year because as the gentleman said, people and the American investors, the men when we were having the arguments on know where they stand on this issue, and women who all of us claim to rep- both sides of the aisle about the issue and we thought we would defer the de- resent, have to suffer because this of pro-life or pro-choice. The gentle- bate to the floor. House will not act? woman knows that she and others It was my understanding that we Mr. HALL of Ohio. Mr. Speaker, I came to me, and I stood up for them, would have the opportunity to offer a yield 2 minutes to the gentlewoman even though I am on the other side of substitute and we would have a full de- from New York (Mrs. LOWEY). the issue philosophically. bate on that, and then the Members (Mrs. LOWEY asked and was given We are doing the same thing this would use it as an opportunity to vote, permission to revise and extend her re- year, only in reverse, from what we did either for or against. marks.) last year. So I am sorry if there is a difference Mrs. LOWEY. Mr. Speaker, I rise in When I hear criticism like this, it of opinion, but I do believe that was opposition to this gag rule. really hurts, because when one is sin- the agreement that we thought was Mr. Speaker, the foreign operations cere about trying to help and bring made, and so we did not have a debate appropriations bill is one of the most these issues together so that we can de- in the full committee. We thought the important pieces of legislation the bate it, it does not sit well to hear that debate would be here and that there House will consider this year. As a kind of criticism. would not be a second degree. member of the Subcommittee on For- Let me go back to talk about this So I certainly respect the gentle- eign Operations, I have sat through rule. The Democrats controlled this man’s views, but I just wanted to many hours of hearings, two markups, Chamber for 40 years. In the last 2 present to the gentleman my under- in the process of bringing this bill be- years that they controlled it, during standing. It was certainly the spirit of fore the House today. But there are 420 the 103d Congress, they brought this the agreement that, in my judgment, Members of this House who are seeing same bill to the floor, and guess what? was violated by allowing the second de- the bill for the first time today, and The gentlewoman says that this is a gree. they deserve a lot more respect for gag rule. But the Demoncrats brought I thank the gentleman very much. I their input than this rule gives them. it to this floor with a completely wish the gentleman well, and I know The rule before us imposes a ridicu- closed rule; they required the amend- we will continue to work well together. lous time limit of 5 hours for the com- ments to be filed with the Committee Mr. SOLOMON. Mr. Speaker, that is plete consideration of this bill and on Rules, and they selectively picked a much better explanation. H7942 CONGRESSIONAL RECORD — HOUSE September 17, 1998 Mr. Chairman, I yield such time as he Ms. LEE. Mr. Speaker, I thank the expected to be offered by the gen- may consume to the gentleman from gentleman for yielding me this time. tleman from Indiana (Mr. BURTON). New Jersey (Mr. SMITH). I rise to speak against this rule, and This amendment cuts humanitarian Mr. SMITH of New Jersey. Mr. also against the funding for the IMF. foreign assistance to India. As a result Speaker, I think the membership However, it is critical that this body be of the underground nuclear tests that should know very clearly that an able to speak to and debate this meas- India conducted in May, the President agreement was made to allow the gen- ure, wherever one stands on the Inter- was required to invoke severe sanc- tlewoman from California (Ms. PELOSI) national Monetary Fund. tions pursuant to the Glenn amend- to offer an amendment. Nothing what- The Committee on Banking and Fi- ment of the Arms Export Control Act. soever was stated as to whether or not nancial Services, on which I sit, held These sanctions terminated much of a second degree amendment to that several days of hearings on the Russian the development aid that the U.S. pro- would be permitted or not permitted; it economic crisis and expanding eco- vides to India; however, it protects hu- just was not on the table. nomic turmoil internationally. The manitarian programs from the sanc- Moreover, the agreement was to pre- witness’s testimony in our committee tions. vent what might have been an hour or discussions were consistent with much Passage of the Burton amendment so of debate in the committee. If it of the news in our daily media. Major would only serve to hurt India’s poor were up to me I’d debate it all day. Let parts of Asia are in severe recession and not have any impact on the gov- me say also that in the committee, be- and going into a depression. Indonesia, ernment. cause we had whipped on this, we be- in spite of or because of the IMF, is in The United States and India have lieved that we would have won by more extreme difficulty. Russia, in spite of conducted several rounds of bilateral than just a few votes in committee, or because of the IMF, is in severe cri- talks that have been labeled as ‘‘posi- and that any substitute that would sis, and these two areas are affecting tive’’ and ‘‘successful quiet diplo- have been offered would have been de- Latin America and the United States. macy.’’ This positive direction would feated. I do do reasonably good vote We know that it has been harmful to be substantially disrupted by passage counts when I do work an issue. So not people who are not part of the political of the Burton amendment. getting a roll call vote in committee and economic oligarchy, particularly In light of the progress in the ongo- was just to expedite the bill. I think women and children. The $6 billion dis- ing U.S.-India talks, now would be the that should be made very clear. Nobody bursed in Indonesia has been estimated worst time to enact the Burton amend- has violated an agreement. to match the corrupt appropriation of ment. Let me just say for the record, be- this money by Suharto and his ex- Again, Mr. Speaker, this rule should cause this I find very disconcerting, tended family. be opposed and the underlying bill many of my friends on the other side of In Russia, IMF bailout has gone into should be opposed, in part because so this issue time and again have de- the maze of corruption, the Mafia, and much effort is put into legislation, if manded and received the ability to sec- oligarchs. you will, on appropriation bills. ond-degree pro-life amendments that In Africa, in Haiti, in Mexico, in de- I share the opinion that was ex- this Member and other Members have veloping countries that have arranged pressed yesterday by the gentleman offered on the floor. Every time we for IMF loan programs, the developing from New York (Mr. GILMAN), when he have done it, the second degree amend- economies have had to shift their pri- addressed the Committee on Rules and ment comes in, we live with it, that is orities from food crop production to said that to the extent that this legis- the way the process goes. The shoe is cash crops, thereby creating local food lation actually includes authorizing just on the other foot. shortages and making the poor even language that has not been reviewed by I get, for the first time in my 18 more dependent on cash that they do the full Congress, it should be defeated. years as a Member of Congress, an abil- not have. IMF loan repayment policies Mr. HALL of Ohio. Mr. Speaker, I ity to second-degree an amendment mandate that priorities shift from the yield 1 minute to the gentleman from that is being offered on the other side most minimum education and health Ohio (Mr. TRAFICANT). of the issue I see absolutely no unfair- care programs to paying interest on Mr. TRAFICANT. Mr. Speaker, I sup- ness in this whatsoever. the loan. port the rule. I will not vote for the Mr. SOLOMON. Mr. Speaker, re- Mr. Speaker, these issues, believe bill. The day I vote for a foreign aid claiming my time, I say to my good me, these issues deserve a full and fair bill in this House, I guess the House friend, we are just running out of time. debate on this floor. I urge a ‘‘no’’ vote will cave in. But I am not going to If the gentlewoman would please get against the rule. offer any amendments to cut it. her time, and I will try to yield. But I Mr. HALL of Ohio. Mr. Speaker, I I want to compliment the gentleman just have to say to all of my col- yield 2 minutes to the gentleman from from Alabama (Mr. CALLAHAN), and I leagues, we are talking about an agree- New Jersey (Mr. PALLONE). think he has brought another good bill, ment that was made here and an agree- Mr. PALLONE. Mr. Speaker, I rise in if there can be a good foreign aid bill, ment that was made there. I am Chair- opposition to the rule and in opposition to the House. But I will have an man of the Committee on Rules, and if to the underlying bill, particularly the amendment that says when we give I am not included in those agreements, provision that would repeal section 907 money to a country and that country is there is no agreement. of the Freedom Support Act. An going to buy a product and they do not Ms. PELOSI. Mr. Speaker, will the amendment will be offered today which build the product, they do not make gentleman yield? I have cosponsored that would strike the product, they should buy the prod- Mr. SOLOMON. I yield to the gentle- this repeal provision. uct from us unless they can buy it from woman from California. Mr. Speaker, Azerbaijan has done some other developing country at less Ms. PELOSI. Mr. Speaker, now the nothing to comply with the basic re- than 10 percent our cost. It is a limita- gentleman is speaking the truth. No- quirement of section 907 that it lift its tion. body was intending to honor the agree- blockade of Armenia and Nagorno I want the amendment in the bill. It ment in the first place, I guess, but the Karabagh, blockades that have caused makes the bill friendly to American agreement was not honored. severe hardship for the Armenian peo- workers who are busting their buns to The SPEAKER pro tempore (Mr. ple. The Government of Azerbaijan has give money overseas while we have LAHOOD). The Chair would advise all blockaded Armenia and Nagorno people dying in the streets in America. Members that the gentleman from Ohio Karabagh for 9 years. The blockade has The gentleman from Alabama (Mr. (Mr. HALL) has 14 minutes remaining, cut off the transportation of food, fuel, CALLAHAN) has done a good job. I will and the gentleman from New York (Mr. medicine and other vital supplies, cre- not offer to cut it, and that is rare for SOLOMON) has approximately 8 minutes ating a humanitarian crisis requiring me, because I think he has made some remaining. the United States to send emergency responsible moves. I want to credit our Mr. HALL of Ohio. Mr. Speaker, I life-saving assistance to Armenia. Democrat ranking minority member, yield 2 minutes to the gentlewoman Next, Mr. Speaker, I would like to the gentlewoman from California (Ms. from California (Ms. LEE). speak in opposition to an amendment PELOSI), as well. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7943 Mr. HALL of Ohio. Mr. Speaker, I sition. His language is part of the legis- make the further point in terms of tim- yield 6 minutes to the gentlewoman lation. Why should he have two bites at ing that, not only is the timing of re- from California (Ms. PELOSI), the rank- the apple, especially when that is in stricting all the debate on the amend- ing minority member of the Sub- violation of our agreement. ments to 5 hours unfair, but it is also committee on Foreign Appropriations. So one of the casualties of this will about the timing, of the jamming, of Ms. PELOSI. Mr. Speaker, I thank be, of course, the trust that we can the railroading this bill onto the floor the gentleman from Ohio for yielding have working together in the Commit- before Members are even versed as to and for his presentation of this rule, tee on Appropriations, because, clearly, what the issues are that are contained which I rise with great reluctance to we should be talking to the far right in it. oppose. My reluctance springs not from wing if we want to be sure about what Mr. Speaker, I ask my colleagues to the substance of the rule, that is easy, the arrangement will be when we come vote ‘‘no’’ on the rule. but reluctance springing from my re- to the floor. The SPEAKER pro tempore (Mr. spect and regard for the distinguished It takes the rug out from under our LAHOOD). The Chair advises Members chairman of the Committee on Rules, own committee leadership and any that the gentleman from New York the gentleman from New York (Mr. commitments they make to us in com- (Mr. SOLOMON) has 8 minutes remain- SOLOMON). mittee. When that commitment was ing, and the gentleman from Ohio (Mr. The chairman is my friend, and this made, it specifically mentioned that HALL) has 3 minutes remaining. is probably the last rule which we will the leadership, the Republican leader- Mr. SOLOMON. Mr. Speaker, I yield be contending with each other over. I ship of the House was a part of the myself such time as I may consume. want to take the opportunity to say agreement. So here we go again. That Mr. Speaker, I have to clear up a cou- what a pleasure it has been to serve in is just one point, the point of unfair- ple of things. The gentlewoman men- Congress with the gentleman. The gen- ness, which of course seems to be the tioned that amendments were going to tleman knows of the respect that I banner of the day around here. be restricted to 5 minutes. That is not have for him, and that is why it is very But this rule, even if that unfairness true. We are under the 5-minute rule. difficult for me to oppose the gen- were not an issue, and let us for a mo- We can go for 30 minutes on any tleman on this rule. But the gentleman ment put it aside, I call this rule a rule amendment. made it easy, because I think this rule suitable for ostriches. Let us put our Secondly, the gentlewoman is saying is a contortion and, in my view, vio- heads in the sand on all of the troubled that Members are not going to have a lates the agreement that we had with spots in the world. chance to work their will. I have exam- our committee. For example, Korea, North Korea, ined all of the amendments that were Once again, Mr. Speaker, we are in a the rules committee would not allow printed in the RECORD. There were a situation, and it seems like an annual an amendment on Korea. International vast number of amendments. Only event, where we get an agreement with environmental issues, we cannot have about 10 or 11 of them are allowable, the Republican leadership of this House an amendment on that issue. The list that are germane to the issue. We are that we will have free and fair debate goes on and on. Africa, we cannot have going to allow all of those. If the gen- and vote on the international family an amendment on what is going on in tlewoman tells me that is going to planning issue. No matter where one Africa. take 5 hours to debate 10 amendments, stands on that issue, Members under- Even with those amendments that there is something wrong around here. stand the unfairness that is contained were made in order or those which Secondly, the gentlewoman has been in this bill. under the rule can be submitted be- critical of the Republican leadership cause they were printed in the RECORD, and that this message was conveyed to b 1245 there is a very, very narrow amount of them. I want to know who in the lead- The record of our Committee on Ap- time with which those issues are to be ership it was conveyed to. I am a part propriations was clear. When our dis- debated. of the Republican leadership and I am tinguished chairman, the gentleman If we subtract the time for the chairman of the Committee on Rules. from Louisiana (Mr. LIVINGSTON), amendments that the gentleman pro- Ms. PELOSI. Mr. Speaker, If the gen- spelled out very clearly how our rights vided time for in the amendment, there tleman will yield, it was the gentleman were protected on this issue on the are 2 hours, only 2 hours to discuss dis- from Texas (Mr. DELAY). floor or in any other arena that it asters of the whole rest of the world, Mr. SOLOMON. Mr. Speaker, just a would be taken up. Ireland, Africa, disaster assistance, the minute and I am going to get to him. My complaint is not with our distin- list goes on and on. The International No one approached me. However, I ap- guished chairman, the gentleman from Monetary Fund. That takes me to that proached the gentleman from Texas Louisiana (Mr. LIVINGSTON), nor is it point. (Mr. DELAY) who is our whip and is a with my colleague and the distin- Members in this group, in this body Member of the Republican leadership guished chair of the subcommittee, the are divided on the issue of the Inter- and serves on the Committee on Appro- gentleman from Alabama (Mr. CAL- national Monetary Fund. Wherever we priations. LAHAN). It is a joy to serve with both of are on that issue, I think it is fair to The gentleman from Texas (Mr. them, and I respect them highly. say that this House should be debating DELAY) said, ‘‘Yes, I said I would go to My complaint is with this Republican that issue. you and try to get you to make in leadership of this House which, after Some of my Republican colleagues order a Pelosi or her designee’s amend- agreements are made in our commit- said to me, do not worry about the ment.’’ The gentleman from Texas (Mr. tee, has to go and run and check with IMF. If you support the IMF, we are DELAY) did that. He mentioned nothing the far right to see if it was okay. going to put the $14.5 billion in in con- to me. I called the gentleman, and he We specifically conveyed to the Re- ference. Oh, really. Do my colleagues knows nothing about any second-de- publican leadership that a second-de- think that is appropriate, a $14 billion gree amendment. There was no discus- gree amendment was not part of the appropriation in conference without sion whatsoever. agreement. They knew that. The rea- this body having the opportunity to de- Mr. Speaker, I yield 3 minutes to the son my colleague, the gentleman from bate it pro and con? very distinguished gentleman from New Jersey (Mr. SMITH) says, well you I think that that is not right. It is Robbinsville, New Jersey (Mr. SMITH). usually get the second degree, why are hard to imagine how such a distin- Mr. SMITH of New Jersey. Mr. you complaining if I do. The point is guished group of people who are inter- Speaker, first let me say, and I think it that, in the interest of comity and co- ested in the economy of our country is unfortunate and unhelpful when my operation, we said, okay, proceed and could say that the International Mone- good friend, the gentlewoman from put the gentleman’s language in the tary Fund should not be debated on California refers to prolifers as the far bill if we get a chance to amend it on this floor. right—in this case me. the floor. So it is for reasons of substance, rea- Let me just say that I am conserv- So, indeed, the gentleman from New sons of fairness, and reasons of timing ative and very proud of it, but I take a Jersey (Mr. SMITH) has a privileged po- that I oppose this rule. I just want to back seat to no one on human rights. I H7944 CONGRESSIONAL RECORD — HOUSE September 17, 1998 have been in this body for 18 years. I be offered. But let me remind Members One of my opponents said, ‘‘Well, I have been all over the world, very often of the history. Every time I have of- think we should cut it back. We spend with my good friend, the gentleman fered this amendment, the Mexico City way too much money.’’ from Ohio (Mr. HALL) and the gen- amendment, it has been second I said, ‘‘Really?’’ I said, ‘‘Well, what tleman from Virginia (Mr. WOLF) and degreed. I accept that. On May 24th, percentage do you think we spend of other committed leaders in human 1995, the gentlewoman from Maryland our total budget on foreign aid?’’ rights. (Mrs. MORELLA) offered the second de- She said, It ‘‘has to be somewhere be- I have chaired more hearings in my gree. June 28th, 1995, in the foreign ops tween 25 and 27 percent.’’ subcommittee—international oper- bill, Jan Meyers offered the second de- I said, ‘‘Really?’’ I said, ‘‘Would you ations and human rights that have ever gree. I accepted that. That is the proc- believe it is really eight-tenths of 1 been held ever on human rights. I have ess. We all live under the same rules. percent of our total budget?’’ been to Asia, Africa, Eastern and Cen- June 11th, 1997 the gentleman from ‘‘It cannot be.’’ tral Europe, the Middle East, Central California (Mr. CAMPBELL) and the gen- I said, ‘‘I am telling you that is the and South America—all on behalf of tleman from Pennsylvania (Mr. GREEN- truth.’’ human rights. Gulag labor abuse and WOOD) second degreed the underlying What we are talking about today, the exploitation of child workers. We have amendment that I had offered. part that I like best, the humanitarian worked on religious freedom. When it Last year, September 4, after the aid, is even less than that. This is good comes to child survival, going back to gentleman from New York (Mr. GIL- aid. It helps people that are sick. It the early 1980s, I led the effort and of- MAN) and the gentlewoman from Cali- helps people that are facing floods now fered amendment after amendment on fornia (Ms. PELOSI) offered an amend- in Bangladesh. It helps people that re- this floor and in committee to beef up ment, it was a second degree, and that unite children that have become tem- the child survival account. was the second second degree. The first porary orphans as a result of civil war. As a matter of fact when Reagan’s one that had been proffered by the gen- It helps children be immunized. Administration wanted to zero out the tleman from New York (Mr. GILMAN), At one time, we had 40,000 people die $25 million child survival account, I the gentleman from California (Mr. every day in this world and over the put $50 million and reauthorized that CAMPBELL) and the gentleman from past few years that has gone down to account to continue immunization, Pennsylvania (Mr. GREENWOOD), was about 35,000. 35,000 people will die oral rehydration, breast feeding, and deemed that it was not good enough. today, 35,000 people died yesterday and growth monitoring. I take a back seat That is what held up that process and 35,000 will die tomorrow because of to no one on humanitarianism and on we acceded again and allowed a second civil war, because of lack of food, be- human rights. If that is ‘‘far right,’’ I degree amendment to the Smith cause of drought, because of famine, accept the label, but I think the amendment to be offered. because of a lot of things, and our aid gentlelady’s use of the term is to en- Now the shoe is on the other foot and goes to help those people. gender ridicule and disgust. Moreover, some folks are crying foul. Really that We are not making a mark here in name calling undermines the caliber of does not pass the straight face test. It the past couple of years because our debate and does grave injury to the strains credulity to make that argu- aid for foreign aid continues to go comity of the House when people make ment on the floor here. Every time the down. I even understand in the Senate such reference. gentlewoman has offered her second de- that what is happening over there, Ms. PELOSI. Mr. Speaker, will the gree, I have accepted it. Now I get to they are going to lower the status of gentleman yield so I can agree with offer the second degree and to say foul the foreign aid committee over there. him? does not cut it. It does not have the status it once used Mr. SMITH of New Jersey. I yield to I hope Members will vote for this to. In almost every country of the the gentlewoman. rule. world, to be on the foreign affairs com- Ms. PELOSI. Mr. Speaker, I agree Mr. HALL of Ohio. Mr. Speaker, I mittee is a great distinction. It is the with everything that the gentleman yield myself such time as I may con- number one committee in most par- has said, and I salute him for every- sume. liaments. thing that he has done. The gentleman Mr. Speaker, I would simply say that The SPEAKER pro tempore. The is so right. He takes a back seat to no we have some problems with some of time of the gentleman from Ohio (Mr. one on all of the issues he said. I want our Members here relative to the rule. HALL) has expired. him to know that I was not referring to It is controversial. The bill itself is Mr. SOLOMON. Mr. Speaker, I yield him. I was referring to elements out- controversial. I want to say from the 15 seconds to the gentleman from Ohio. side of this body. start that the gentleman from Ala- Mr. HALL of Ohio. Mr. Speaker, if we Mr. SMITH of New Jersey. Mr. bama (Mr. CALLAHAN) on some of the compare ourselves with the 17 major Speaker, there were no elements. I was things that he has committed himself nations of the world, we rank seven- the one who was in conference with our to on child survival activities, the teenth in our appropriation to foreign leadership on this. Peace Corps, UNICEF, basic education, aid. Let me just say that mention has he has been a real champion. He has We need to do better. We need to quit been made that somehow this rule is kept that money very strong for it. In running from this issue. We need to unfair on pro-life issues. Nothing can some cases, he has increased the stand up and support it. There are a lot be further from the truth. Let me state money. of changes that need to be in this bill to Members that, in the full Commit- What I would like to say, though, as it comes before the House today. I tee on Appropriations, my good friend, about foreign operations both here and hope we can make the changes. the gentleman from Mississippi (Mr. in the Senate is that it continues to Mr. Speaker, I yield back the balance WICKER), offered to compromised Mex- get cut in many different categories. In of my time. ico City policy, which allows the Presi- 1985, the development assistance ac- Mr. SOLOMON. Mr. Speaker, I yield dent to waive one of the two mainstays count was cut by 40 percent. Over the myself such time as I may consume. of that pro-life Mexico City policy. It is past couple of years, a number of the Mr. Speaker, as I close, I heap acco- a clear concession by the pro-life side. categories have been cut. So many peo- lades on the gentleman from Ohio (Mr. It is a compromise. ple in our own country believe that for- HALL). I know of no Member, and I The Committee on Appropriations eign appropriations, as part of our have served with him since the very be- accepted the Wicker amendment. In total budget, is so out of whack that ginning, who has done more for human order to expedite consideration of that when we have debates with people, I re- rights and to alleviate hunger through- bill, they decided that there would be a member the debate I had last time I out this world than the gentleman voice vote. We would have gladly had ran for reelection and one of my oppo- from Ohio (Mr. HALL) has. We all the vote and the debate in the commit- nents was asked a question, all of us should salute him. tee. were asked a question, you know we Let me just speak a little further on There was no mention that a perfect- spend too much money on foreign aid what he was speaking about, because ing amendment would be offered or not and what do you think we should do? the American people sometimes do not September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7945 understand that the foreign aid budget The vote was taken by electronic de- DeGette Klug Rangel Delahunt Kolbe Reyes is not much. It is only eight-tenths of vice, and there were—yeas 229, nays DeLauro LaFalce Rivers 1 percent of the Federal budget. The 188, not voting 17, as follows: Deutsch Lampson Rodriguez truth of the matter is, they are in- [Roll No. 446] Dicks Lantos Roemer censed when they see monies that we Dingell Lee Rothman YEAS—229 Dixon Levin Roukema give to foreign nations and have these Doggett Lewis (GA) Roybal-Allard Aderholt Gilman Oxley Dooley Lipinski Rush foreign nations then turn around and Archer Goode Packard Edwards Lofgren Sabo vote against us consistently in the Armey Goodlatte Pappas Engel Lowey Sanchez Bachus Goodling Parker U.N., vote against American foreign Eshoo Luther Sanders Baker Graham Paxon policy, whether it is a Democratic Etheridge Maloney (CT) Sandlin Ballenger Granger Pease Evans Maloney (NY) Sawyer President or a Republican President. Barcia Greenwood Peterson (MN) Farr Markey Scott The American people resent that. They Barr Gutknecht Peterson (PA) Fattah Martinez Serrano Barrett (NE) Hall (TX) Petri resent greatly, when they see IMF Fazio Matsui Sherman Bartlett Hansen Pickering Filner McCarthy (MO) Sisisky funding and other international organi- Barton Hastert Pitts Ford McCarthy (NY) Skaggs zations giving American taxpayer dol- Bass Hastings (WA) Pombo Frank (MA) McDermott Skelton Bateman Hayworth Porter lars to Russia. They see it going in the Frost McGovern Slaughter Bilbray Hefley Portman front door and going out the back door Furse McHale Smith, Adam Bilirakis Herger Quinn Gejdenson McKinney Snyder even faster. The American people re- Bishop Hill Radanovich Gephardt McNulty Spratt sent that. Bliley Hilleary Rahall Gordon Meehan Stabenow Blunt Hobson Redmond Of course, that is why I have to again Green Meek (FL) Stark Boehlert Hoekstra Regula Hall (OH) Meeks (NY) Stenholm commend the gentleman from Alabama Boehner Holden Riley Hamilton Menendez Stokes (Mr. CALLAHAN) and the other Members Bonilla Horn Rogan Harman Millender- Strickland Bono Hostettler Rogers for the reforms they are writing in to Hastings (FL) McDonald Tanner Bryant Houghton Rohrabacher this legislation. It goes a long way in Hefner Miller (CA) Tauscher Bunning Hulshof Ros-Lehtinen Hinchey Minge Thompson holding the IMF accountable not only Burr Hunter Royce Hinojosa Moakley Thurman for our policy but also so that we can Burton Hutchinson Ryun Hooley Moran (VA) Tierney Buyer Hyde Salmon see where our tax dollars go. Hoyer Morella Torres Callahan Inglis Sanford Jackson (IL) Murtha Towns b 1300 Calvert Istook Saxton Jackson-Lee Nadler Turner Camp Jenkins Schaefer, Dan (TX) Neal Velazquez Finally, let me just say about the Canady Johnson (CT) Schaffer, Bob Jefferson Obey Vento rule itself, every Member should come Cannon Johnson, Sam Sensenbrenner John Olver Visclosky Chabot Jones Sessions over and they should vote for this rule. Johnson (WI) Ortiz Waters Chambliss Kasich Shadegg Johnson, E. B. Owens Watt (NC) This rule is not restrictive in any way. Chenoweth Kelly Shaw Kanjorski Pallone Waxman There were 40 amendments filed and I Christensen Kildee Shays Kaptur Pascrell Wexler Coble Kim Shimkus have a list of them right here. Only 10 Kennedy (MA) Pastor Weygand Coburn King (NY) Shuster of these amendments are germane to Kennedy (RI) Payne Wise Collins Kingston Skeen Kennelly Pelosi Woolsey the issues and are allowed under the Combest Knollenberg Smith (MI) Kilpatrick Pickett Wynn rules of the House. Cook Kucinich Smith (NJ) Kind (WI) Pomeroy Yates Cooksey LaHood Smith (OR) Any Member that has done his due Kleczka Price (NC) Cox Largent Smith (TX) Klink Ramstad diligence will have his amendment Crane Latham Smith, Linda time on the floor. The gentleman from Crapo LaTourette Snowbarger NOT VOTING—17 Alabama (Mr. CALLAHAN) can negotiate Cubin Lazio Solomon Becerra Goss Pryce (OH) with the gentlewoman from California Davis (VA) Leach Souder Deal Lewis (CA) Spence Brady (TX) Gutierrez Riggs (Ms. PELOSI) and they can determine DeLay Lewis (KY) Stearns Brown (CA) Hilliard Scarborough how much time might be allowed on a Diaz-Balart Linder Stump Capps Mink Schumer Dickey Livingston Stupak Cunningham Paul Whitfield particular amendment. With only 10 Gonzalez Poshard amendments that are made in order Doolittle LoBiondo Sununu Doyle Lucas Talent b 1321 over a five-hour period, every Member Dreier Manton Tauzin should have the opportunity to work Duncan Manzullo Taylor (MS) Mr. HOYER changed his vote from their will. Dunn Mascara Taylor (NC) ‘‘yea’’ to ‘‘nay.’’ Ehlers McCollum Thomas Messrs. MASCARA, GREENWOOD, Mr. Speaker, let me commend the Ehrlich McCrery Thornberry gentleman from Alabama (Mr. CAL- Emerson McDade Thune LAZIO of New York, and STUPAK, LAHAN), the gentlewoman from Califor- English McHugh Tiahrt Mrs. JOHNSON of Connecticut, and Ensign McInnis Traficant nia (Ms. PELOSI) and their staffs for an Messrs. UPTON, HORN, and BOEH- Everett McIntosh Upton excellent piece of legislation. Let us Ewing McIntyre Walsh LERT changed their vote from ‘‘nay’’ come over here and pass the rule and Fawell McKeon Wamp to ‘‘yea.’’ get on with it, because we have very Foley Metcalf Watkins So the resolution was agreed to. important legislation to deal with in Forbes Mica Watts (OK) The result of the vote was announced Fossella Miller (FL) Weldon (FL) as above recorded. the next 13 days. Fowler Mollohan Weldon (PA) Mr. Speaker, I yield back the balance Fox Moran (KS) Weller A motion to reconsider was laid on of my time, and I move the previous Franks (NJ) Myrick White the table. Frelinghuysen Nethercutt Wicker f question on the resolution. Gallegly Neumann Wilson The previous question was ordered. Ganske Ney Wolf PERSONAL EXPLANATION The SPEAKER pro tempore (Mr. Gekas Northup Young (AK) Gibbons Norwood Young (FL) Mr. BRADY of Texas. Mr. Speaker, on roll- LAHOOD). The question is on the resolu- Gilchrest Nussle call No. 446, I was inadvertently detained. Had tion. Gillmor Oberstar I been present, I would have voted ``yea.'' The question was taken; and the f Speaker pro tempore announced that NAYS—188 the ayes appeared to have it. Abercrombie Bonior Clayton MESSAGE FROM THE PRESIDENT Ackerman Borski Clement Mr. HALL of Ohio. Mr. Speaker, I ob- Allen Boswell Clyburn A message in writing from the Presi- ject to the vote on the ground that a Andrews Boucher Condit dent of the United States was commu- quorum is not present and make the Baesler Boyd Conyers Baldacci Brady (PA) Costello nicated to the House by Mr. Sherman point of order that a quorum is not Barrett (WI) Brown (FL) Coyne Williams, one of his secretaries. present. Bentsen Brown (OH) Cramer f The SPEAKER pro tempore. Evi- Bereuter Campbell Cummings dently a quorum is not present. Berman Cardin Danner GENERAL LEAVE Berry Carson Davis (FL) The Sergeant at Arms will notify ab- Blagojevich Castle Davis (IL) Mr. CALLAHAN. Mr. Speaker, I ask sent Members. Blumenauer Clay DeFazio unanimous consent that all Members H7946 CONGRESSIONAL RECORD — HOUSE September 17, 1998 may have 5 legislative days in which to retiring and will congratulate them for International Monetary Fund that revise and extend their remarks on the their tremendous contributions. business can no longer be transacted as bill (H.R. 4569) making appropriations I want to begin, Mr. Chairman, with it has been in the past. for foreign operations, export financ- some basic figures. This bill is $3.5 mil- ing, and related programs for the fiscal lion below the subcommittee’s alloca- b 1330 year ending September 30, 1999, and for tion of $12.4 billion in budget authority other purposes, and that I may include and within our outlay allocation. We And they are going to have to be tabular and extraneous material. also have brought a bill that is $315 more accountable. They are going to The SPEAKER pro tempore (Mr. million below last year’s level and $1.1 have to be more transparent. But we LAHOOD). Is there objection to the re- billion below what the President has have denied the President’s request for quest of the gentleman from Alabama? requested to run foreign operations for the additional $13.5 billion for the There was no objection. the fiscal year 1999. International Monetary Fund. f There are some who might rightfully Now, I do not have to remind Mem- FOREIGN OPERATIONS, EXPORT argue this is not a sufficient amount of bers that the United States is facing a FINANCING, AND RELATED PRO- money for the President, and I regret series of profound policy changes at GRAMS APPROPRIATIONS ACT, that. However, I do not determine the this time. The economies of Asia and 1999 amount of money that will be made Russia are in disarray and, as we have available. This is done by other au- seen in the last couple of days, the The SPEAKER pro tempore. Pursu- thorities, and they have allocated a economy in South America, with Brazil ant to House Resolution 542 and rule designated amount. But it is a respon- and Peru and others, is beginning to XXIII, the Chair declares the House in sible bill with the amount of monies we have some problems. And we are going the Committee of the Whole House on had to work with, and I regret that we to have to be a participant in the sal- the State of the Union for consider- cannot fulfill the President’s request vation of this economy, a participant ation of the bill, H.R. 4569. for all the monies he wants for all of that will allow them to keep their dol- b 1323 the programs he wants. But the Presi- lar afloat and to act in a responsible dent and the executive branch of gov- IN THE COMMITTEE OF THE WHOLE manner. But without giving them indi- Accordingly the House resolved itself ernment ought to be happy that this subcommittee has not tried to tie their cation that there have to be some into the Committee of the Whole House changes in their fiscal policies, they on the State of the Union for the con- hands, have not dictated to them how every penny will be spent. are not going to have a sufficient sideration of the bill (H.R. 4569) mak- amount of money in which to do it. ing appropriations for foreign oper- There is not one dime in this bill ear- ations, export financing, and related marked, and I think that is a com- We do not dictate, as I said, to the programs for the fiscal year ending pliment to the committee and to the Secretary of State what she should do. September 30, 1999, and for other pur- full committee, and I think it is the We did not tell the President exactly poses, with Mr. THORNBERRY in the right way to go in making certain we what he should do with every penny. chair. give the executive branch the constitu- We give him as much latitude as we The Clerk read the title of the bill. tional authority they need by not tell- possibly can. There are some areas we The CHAIRMAN. Pursuant to the ing them how every penny will be have taken extreme disagreement with. rule, the bill is considered as having spent. For instance, the gentleman from Lou- been read the first time. For the first time in history, Mr. isiana (Mr. LIVINGSTON) and I are firm- Under the rule, the gentleman from Chairman, we are reducing aid to ly convinced that we ought to move be- Alabama (Mr. CALLAHAN) and the gen- Israel. Many would say, why are we yond the current policy of the Korean tlewoman from California (Ms. PELOSI), doing that? We are doing that because Energy Development Corporation, each will control 30 minutes. Prime Minister Netanyahu informed us KEDO. here in this body that the economy of The Chair recognizes the gentleman I have said from the beginning that Israel is such that it is time to look at from Alabama (Mr. CALLAHAN). KEDO is an irresponsible policy that Mr. CALLAHAN. Mr. Chairman, I responsible fiscal policy and recognize we never should have entered into in yield myself such time as I may con- that the United States is not in an en- the first place. But the administration sume. titlement position for Israel. The gov- I am pleased to open general debate ernment has cooperated, the govern- chose to do it, and we have funded it today on H.R. 4569, the fiscal year 1999 ment of Israel has cooperated in this for the last 4 or 5 years, but it is time Foreign Operations, Export Financing first-time ever reduction in economic to take a serious look at KEDO, espe- and Related Programs appropriations support to Israel. So it does include the cially in light of the fact they are now bill. first reduction to Israel, and I am shooting missiles over Japan and indi- This will be the last appropriation happy to have received the cooperation cations are that they have missiles bill, Mr. Chairman, for two distin- of so many people, both in the Congress that very possibly could reach Alaska. guished members of our subcommittee and the Israeli government, in making With respect to some of the problems and the Committee on Appropriations. certain that we handle foreign oper- taking place in the Caucasus, we want I am speaking of the gentleman from ations in a very fiscally responsible to help Armenia, we want to help Geor- Illinois (Mr. YATES) and the gentleman manner. gia, but we recognize there is a policy from California (Mr. TORRES), who are I might also point out, Mr. Chair- in effect, called the section 907 policy, leaving after this session of Congress man, that the appropriation is less that is causing tremendous problems to and going on to retirement. than 1 percent of the total amount of Azerbaijan and to people in America Mr. Chairman, I cannot help but money we will appropriate for 1999. who are trying to do business in Azer- point out that these two Members have Many people in this country think baijan. And I am happy that the chair- not only served with distinction on maybe we spend 20 percent of our man of our committee offered an this subcommittee, but with the entire money on foreign aid, but that is not amendment in full committee which Congress throughout their careers. the case. Next year it will be some- passed with a pretty good vote which The gentleman from Illinois (Mr. where below 1 percent. So we are not lifted the 907 restrictions. YATES), for example, has been a mem- spending a lot of money for foreign aid, So we have a good bill. And I know ber of this subcommittee since its in- but we are doing it in a very, very re- that many Members had many amend- ception. He was here when they de- sponsible manner. bated the Marshall Plan, and he has Also Members will note that we have ments they wanted to offer today, but made a tremendous contribution to not included the President’s request for I am pleased that the Committee on this committee and to the people of the the full $18 billion for the IMF. We Rules gave us a rule which I think is United States and, indeed, the world, have included the $3.5 billion. We have fair, to pass a bill that I think is fis- with the many contributions he has also included some reform measures cally responsible. made. So I am sure that my colleagues that we and the Committee on Banking Mr. Chairman, I submit for the join with me in expressing our best and Financial Services felt were nec- RECORD documentary materials regard- ever to these two gentlemen who are essary, a message being sent to the ing this bill. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7947 H7948 CONGRESSIONAL RECORD — HOUSE September 17, 1998 September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7949 H7950 CONGRESSIONAL RECORD — HOUSE September 17, 1998

Tables printed on page 98 of House Report Alabama (Mr. CALLAHAN). At the start, We also have strong human rights’ 105–719, the report to accompany the FY 1999 I want to commend him for the manner advocates on the committee from both Foreign Operations, Export Financing, and in which he put the bill together. Al- sides of the aisle. Related Program Appropriations Bill, were though we disagree on some of the pro- We have issues like IMF, where there printed with errors. The following are cor- rections to those sections of the report: visions in the bill, he was very open are Democrats and Republicans on one and accommodating whenever it was side of the issue and on the other side COMPARISON WITH BUDGET RESOLUTION possible for him to be on some of the of the issue as well. So we are used to Section 308(a)(1)(A) of the Congressional working cooperatively in a bipartisan Budget and Impoundment Control Act of 1974 initiatives from our side of the aisle. (Public Law 93–344), requires that the report I also want to commend our chair- manner. accompanying a bill providing new budget man of the full committee, the gen- Our chairman traditionally likes to authority contain a statement detailing how tleman from Louisiana (Mr. LIVING- give to the executive branch, to the the authority compares with the reports sub- STON), for the manner in which he con- President, the prerogative to have as mitted under section 302(b) of the Act for the ducted the full committee on this leg- much flexibility as possible. At least most recently agreed to concurrent resolu- islation and his openness. But we have that is normally what the practice has tion on the budget for the fiscal year. This some very serious policy disagreements been. Not so in this bill. information follows: that I will discuss in a moment. First and foremost, I oppose the leg- islation because I do not think it rises, FISCAL YEAR 1999 APPROPRIATIONS First, in addition to praising my dis- tinguished colleagues on the other side in terms of its vision and its resources, [Dollars in millions] of the aisle, I want to join the gen- to the challenge that our country faces Budget tleman from Alabama in commending as the sole global leader of the world. I author- Outlays also think those resources which are, ity our two Members who have served so well and who will be leaving the Con- as the chairman mentioned, $315 mil- Sec. 302(b): gress this year. This will be their last lion below fiscal year 1998 and a full Discretionary ...... 12,475 12,525 Mandatory ...... 45 45 foreign ops bill. $1.1 billion below the President’s re- First of all, the gentleman from Illi- quest, greatly reduces the President’s Total ...... 12,520 12,570 This bill: nois (Mr. YATES); Chairman YATES, flexibility with the narrowing of those Discretionary ...... 16,184 12,546 Ranking Member YATES. In the full resources. Mandatory ...... 45 45 committee I mentioned that he has I am concerned that just $3.5 billion Total ...... 16,229 12,591 been hailed as a great mentor, legisla- instead of the full $18 billion for the tor, leader, thinker, intellect. But I IMF has been included in this legisla- FIVE-YEAR PROJECTION OF OUTLAYS wanted to commend him as a great pa- tion. And as I mentioned during the de- In compliance with section 302(a)(1)(B) of bate on the rule, I am very concerned the Congressional Budget Act of 1974 (Public triot because of his work as chair of Law 93–344 as amended), the following table the Interior Committee and then as about the lack of opportunity for us to contains five-year projections associated ranking member on the subcommittee. debate the IMF. There were 12 amend- with the budget authority provided in the He was a great patriot in protecting ments coming from both sides of the accompanying bill. the natural resources of our great aisle on the IMF, and the Committee Fiscal year 1999 appropriations country, the cultural heritage of our on Rules rejected every one of them. country, and the freedom of expression The whole world is wondering how we Millions Budget authority ...... 16,229 of our constitution. For all of that, we are going to deal with the economic Outlays ...... 12,591 are most grateful to him. crisis in Asia. Is the IMF the appro- Fiscal Year: And the gentleman from California priate way to go? Regardless of what 1999 ...... 4,896 (Mr. TORRES) had a resume before he side we are on on that issue, this House 2000 ...... 3,065 came to Congress that served him well should be debating that issue. And the 2001 ...... 2,319 here, and indeed served our entire idea we can put $14.5 billion into the 2002 ...... 914 2003 and future years ...... 1,562 country as a diplomat; an ambassador. bill in conference, I think is really un- Since the submission of House Report 105– He also brought the fighting spirit of fair to the Members. And, really, it is 719, the Chairman of the Committee on the the labor movement and the commit- an insult to the intelligence of the Budget has provided an increased section ment of a strong Democrat. His diplo- American people that this body cannot 302(a) allocation consistent with funding pro- matic skills as an ambassador and as have a debate on a subject of grave vided in H.R. 4569 for New Arrangements to part of our delegation will be missed concern, that is the economic stability Borrow and arrearages for multilateral de- greatly. This Congress will miss his ex- of the world. velopment banks. House Report 105–722, sub- pertise in many areas, including his As far as the allocation of funds, my mitted by the Chairman of the Committee on concern about the number, the $315 Appropriations, subsequently increased the knowledge of this hemisphere and his section 302(b) allocation for the Foreign Op- leadership on issues of concern to our million below last year’s request, erations Subcommittee. The following table country. springs from some of the unrest that is shows that the bill is within the revised allo- Mr. Chairman, the service of both of out there in our fragile new democ- cation: these gentlemen will be missed and I racies. As we all know, the economy of will certainly miss their votes on our Russia is in a very depressed state. FISCAL YEAR 1999 APPROPRIATIONS committee. Russia happens to be the leading mar- [Dollars in millions] This bill, I think, should be what it ket for exports from some of the new Budget has been in the past, an area where we independent states; for example, Geor- author- Outlays come together in a bipartisan spirit to gia. ity promote democratic values, to give ex- The country of Georgia, with Presi- Sec. 302(b) (Revised): pression to the compassion of the dent Shevardnadze who is a leader in Discretionary ...... 16,188 12,546 American people, and to make very that region as well as the President of Mandatory ...... 45 45 hard-nosed decisions about what is in his own country, has worked hard to Total ...... 16,233 12,591 our national interest. I do not think democratize Georgia, to implement the This bill: Discretionary ...... 16,184 12,546 that many of these issues are partisan market reforms, to reform the econ- Mandatory ...... 45 45 issues. Indeed, the luxury of our com- omy, and he is losing his export mar- Total ...... 16,229 12,591 mittee is that very often we are the ka- ket—Russia. Georgia is being flooded leidoscope. We are in different designs by cheap products from Russia now, Mr. CALLAHAN. Mr. Chairman, I re- on different issues. undermining its economy. And we fur- serve the balance of my time. Many of us for example on both sides ther exacerbate the situation by reduc- Ms. PELOSI. Mr. Chairman, I yield of the aisle support 907 and many on ing the aid that we give to Georgia, myself such time as I may consume. both sides of the aisle oppose 907. I join giving a real lever to his opponents Mr. Chairman, I rise in opposition to with my Republican colleagues in op- there who are not the democrats of the bill, and with the greatest respect posing the initiative of the gentleman Georgia, thereby undermining his lead- for my chairman, the gentleman from from Louisiana (Mr. LIVINGSTON). ership. He did what we asked him to do September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7951 and we lowered the assistance we are missed in this bill are a match for maintain current law with regard to giving him. And that is just one exam- those great words. assistance to Azerbaijan in the sub- ple. I hope, at the end of the process, that committee bill. Although there were I am also concerned, and I have an they will be, and that we can all join in some elements of the package that the area of disagreement with some of my supporting this bill, making it the bi- subcommittee agreed to on the Republican colleagues, that the bill de- partisan package that it traditionally Caucasus that I did not necessarily nies all funding for the Korean Penin- has been and hopefully will be. agree with, the overall package for as- sula Energy Development Organiza- Mr. Chairman, I reserve the balance sistance to the Caucasus was a bal- tion. The agreement between the U.S. of my time. anced approach that provided positive and North Korea provides the only Mr. CALLAHAN. Mr. Chairman, I incentives to the parties in the region basis for U.S. access to troublesome yield myself such time as I may con- to resolve their disputes and begin sites in Korea. Ending the program sume to thank the gentlewoman from working together. The action of the eliminates any possibility of ending California for her kind words and for committee in repealing section 907 in North Korea’s nuclear ballistic missile mentioning the child survival account. my judgment destroyed that balance programs and may, in fact, jeopardize I am very proud of the child survival and serves to undermine the careful ef- the security of U.S. troops in the re- account. And, yes, we did have a rocky forts of the subcommittee to encourage gion. road in the beginning, but I am pleased solutions to problems in the area. I will My request to at least debate the to say that the administration has seen support the efforts of the gentleman issue was denied by the Committee on the light of day and included this in from California (Mr. RADANOVICH) in Rules. And further into the debate their budget request for the first time attempting to repeal this misguided today, I will suggest what my amend- this year, and we are happy to grant and improper authorizing provision. ment would have been. the administration’s request in this re- Again, on the whole, I want to sup- We have discussed the fact that the gard. port this bill and the excellent work of bill has language restricting inter- Mr. Chairman, I yield 5 minutes to my colleague from Alabama. I hope national family planning organizations the gentleman from Illinois (Mr. POR- that we can resolve these issues favor- from using their own funds for pur- TER), one of the most distinguished ably and then work with the Senate to poses that they deem worthy of their members of our subcommittee. provide the highest possible funding mission. And the bill shortchanges the Mr. PORTER. Mr. Chairman, I want level in the bill within necessary over- global environmental facility of the to thank the gentleman from Alabama all fiscal constraints. World Bank to the point where it will for his tireless work in developing this Let me close, Mr. Chairman, by pay- literally run out of funds this year. bill. He and his outstanding staff have ing tribute to two of our colleagues I am disappointed that we could not dedicated many hours to stretching our who will be leaving the subcommittee, get greater funding for the Peace limited foreign aid dollars and to try- retiring. One, of course, is my neighbor Corps, but I salute the chairman for ing to accommodate and reflect the and friend the gentleman from Illinois the figure he did put in, and his will- concerns of many Members, including (Mr. YATES). His district and mine ingness, if we have any more money at this Member. abut. Today he actually represents the the end of the day, to put more funds As we review the events of the past town in which I was born and grew up. in for the Peace Corps. fiscal year, the importance of our for- We do not always by any means see And I salute Chairman CALLAHAN for eign assistance has never been clearer. things eye to eye on policy but I think his leadership on the child survival and We are living in a global community. you will never find a harder worker, disease account. He is truly a cham- Our economy, our health, our environ- someone who has been on top of the pion in the world. And his initiatives ment, are all interconnected with those issues for 50 years of service to this were met with some resistance along of our immediate neighbors and with Congress and to his country, question- the way, so I commend him for his vi- those half a world away. ing, raising issues, fighting for the sion and for his perseverance and for The United States’ international ac- things that he believes in. The gen- his success on behalf of the children tivities at both the bilateral and multi- tleman from Illinois has provided a tre- worldwide. I just wish the bill had a lateral level have an impact on every mendous example of someone who is bigger allocation so child survival American citizen and every person in committed and serving in a way that could be funded higher. the world. does great credit to the United States And, again, I personally thank him b 1345 Congress. We are also going to miss our for the HIV/AIDS prevention control colleague and friend the gentleman money and the UNICEF funds. Because of the importance of our role from California (Mr. TORRES). We have The funds for the Middle East have in the world, I wish that our allocation worked together on many issues. I have been reduced, largely under the leader- could have been greater. However, rec- a tremendous respect for his resolve in ship of the gentleman from Alabama ognizing the need for fiscal austerity to standing for the things that he believes (Mr. CALLAHAN). And as we all know, maintain a balanced budget, I support in, and he has always been there serv- the Middle East, regardless of the fate this legislation as it was reported by ing in a way that has brought credit to of this bill today, the Middle East our subcommittee, with the exception himself, to his State and to our coun- funds will be there. They are the safest of funding for arrearage payments to try, and I am very proud that I have appropriation allocation in this bill. multilateral financial institutions. had the opportunity to serve in Con- So I again thank the chairman for However, my support for the bill is gress with the gentleman from Califor- some of the initiatives that are there tested by some changes made by the nia as well. and for his leadership, but I regretfully full committee. I commend this bill to the Members. must oppose the bill because it is inad- I supported the gentleman from Ala- I would like to make some changes in equate to the task. bama’s decision not to include any leg- it. I am hoping we can see those Everyone in America is familiar with islative language which would condi- changes made. But overall it does the President Kennedy’s statement in his tion funding for international family kind of work that we expect of our inaugural address, ‘‘My fellow Ameri- planning. Authorizing language has al- committee and I commend our chair- cans, Ask not what your country can ready been included in the State De- man for his fine effort. do for you, but what you can do for partment reform bill that is awaiting Ms. PELOSI. Mr. Chairman, I yield 3 your country.’’ But the very next line the President’s consideration. An au- minutes to the gentleman from Michi- of that great speech is, ‘‘And to the thorizing bill is the proper vehicle for gan (Mr. BONIOR), the distinguished citizens of the world, ask not what this language, and I am strongly Democratic whip of the House and a America can do for you, but what we against this addition which for the champion on international issues relat- can do, working together, for the free- fourth year in a row will jeopardize the ing to the American worker. dom of man.’’ I do not think that the enactment of this bill into law. Mr. BONIOR. Mr. Chairman, I thank allocation for this bill and the prior- In addition, I supported the gen- my colleague for her kind remarks and ities and the opportunities that are tleman from Alabama’s decision to for the job that she and the gentleman H7952 CONGRESSIONAL RECORD — HOUSE September 17, 1998 from Alabama (Mr. CALLAHAN) and oth- The fact of the matter is that these percent of the border with Armenia. ers have done on this bill. are both countries emerging from what Eighty percent is with other countries Mr. Chairman, I want to urge my col- was the Soviet Union, clearly they like Iran and Georgia. The fact is this leagues to support an amendment later were at war with one another, and blockade is a false issue. Most of the today that would restore section 907 clearly in 1992 we levied sanctions on other issues referred to by the gen- prohibiting aid to the authoritarian re- Azerbaijan, a Moslem country, while tleman who preceded me are false gime of Azerbaijan. For nearly a dec- attempting to assist Armenia, an or- issues. ade, Azerbaijan has used tanks and sol- thodox country, for legitimate reasons. We should not side with the Arme- diers to blockade its democratic neigh- Azerbaijan, by some reports, started nians. We should not side with the bors, the Republic of Armenia. This il- the war, and there was a conflict that Azeris. We should side with a balanced legal blockade has cut off the transport spread over a long period of time. Peo- approach to two prospective friends. of fuel, of food and of medicine. This ple on both sides were killed; there was That means whether you are Arme- blockade is a roadblock to regional incredible devastation and misery nian-American or whether you are peace and it is a chokehold on democ- reaped from that conflict, but Armenia Azeri-American, you should be in favor racy. That is why the United States won. Armenia moved over to help and of the American point of view which is has refused to spend our tax dollars to Armenians took over Nagorno- a balanced view and the lifting of 907. prop up the Azerbaijani government. It Karabagh, expelling all of the Azeris. Let us get rid of this outrage which is has always been our stated policy to There are no Azeris in Nagorno- totally slanted against one party. reward those who work for peace and Karabagh. There are some 700,000 Azeri refugees in their own country, in Azer- [From the New York Times, Sept. 14, 1998] democracy and punish those who do ETHNIC CONFLICT IN CAUCASUS SHOWS ITS not, until now. This bill undermines baijan. Yet we still have the sanction imposed upon Azerbaijan by the United FIRST GLIMMER OF HOPE our commitment to democracy. It (By Stephen Kinzer) abandons support for the people of States which is supposed to be a neu- tral party. YEREVAN, ARMENIA, Sept. 11—In a week Nagorno-Karabagh who are struggling My friend who just preceded me said that saw the first high-level contact in years for self-determination. And it com- it is to help the oil companies. Is it to between Armenia and Azerbaijan, leaders of pletely undercuts regional peace talks help the oil companies that we attempt both countries said they were eager to re- that have just this week shown some to repeal section 907 which is a strenu- solve an ethnic conflict that threatens to ig- nite the Caucasus. promising signs and hints of progress. ous sanction on one of the parties but Why would we do this? Why are Mem- The conflict is over the disputed enclave of not the other? No. It is so that the Nagorno-Karabakh, which the world recog- bers of this House being asked to over- United States can simply take a bal- turn an effective, long-term commit- nizes as part of Azerbaijan but which has anced view towards a very important been held by its ethnic Armenian majority ment to peace and democracy? Why strategic part of the world. Kazakhstan since 1994. Fighting that ended that year would we hand out a big sack of carrots has tremendous oil supplies. took more than 35,000 lives and forced hun- to an anti-democratic regime? Sadly, Turkmenistan has tremendous natural dreds of thousands from their homes. the answer can be summed up in one gas supplies. They are across the Cas- A resumption of fighting could be disas- word. Oil. Put crudely, the oil lobby pian. If those supplies go west through trous, because the Caucasus today is deli- has dollar signs in its eyes. The big cately balanced between prosperity and Azerbaijan, possibly through Armenia, chaos. Huge amounts of oil have been discov- corporations cannot wait to start possibly through Georgia, into Turkey, pumping oil from beneath the Caspian ered under and around the Caspian Sea, but then the fact is that the United States ethnic conflicts in places like Nagorno- Sea, even if that means selling out a may benefit, but certainly the western Karabakh could abort the expected boom and democratic country, even if that means industrialized world could benefit. If plunge the region back into the anarchy of abandoning a landlocked Nation whose the oil supplies only go north to Rus- the early 1990’s. freedom depends upon open borders, sia, if the oil supplies only go east to There has been no substantial movement and even if that means sacrificing our China or south to Iran, the industri- toward a settlement of the conflict, and the own principles of justice. sides remain so far apart that some fear an- alized world does not benefit, and per- other war. But last Monday, the Prime Min- America’s interests in the Caucasus haps others who do not share the civ- lie with the development of democracy ister of Armenia, Armen Darbinyan, flew to ilized goals that we in the United Azerbaijan to attend a regional trade con- and human rights, not just the develop- States espouse will benefit. ference. ment of oil fields. This bill guts our The fact is that this is a conflict that Before meeting privately with his guest, long-standing policy and it mocks our must come to an end and it has not. President Heydar Aliyev of Azerbaijan told deepest values. Recently a proponent of maintaining reporters that he looked forward to ‘‘the res- I urge my colleagues to support de- section 907 said that we have not suc- toration of friendship between Azerbaijan mocracy and to support the amend- ceeded at all in bringing peace to this and Armenia in the context of a peaceful res- ment that is going to be offered by the region, and, therefore, that is a reason olution in Nagorno-Karabakh.’’ It was the gentleman from California (Mr. RADAN- first time in memory he had made such a to maintain section 907. He said it is a statement. OVICH) and supported by the gentleman failed policy and since it has continued A team of diplomats from Russia, France from Illinois (Mr. PORTER) on this side to fail, we should not lift 907. I say ex- and the United States has been searching for of the aisle and the gentleman from actly the opposite is true, and it is a solution to the Nagorno-Karabakh dispute. New Jersey (Mr. PALLONE) and others borne out by an article in the New They want the mountainous enclave re- on our side of the aisle. York Times dated September 14, 1998 in turned to Azerbaijan but given ‘‘maximum Support the amendment to restore which the lead says, ‘‘Ethnic Conflict possible autonomy.’’ Armenia has rejected section 907. in Caucasus Shows Its First Glimmer that framework, vowing never to allow Azer- Mr. CALLAHAN. Mr. Chairman, I of Hope.’’ That is a few days after our baijan to rule there again. In an interview here after Mr. Aliyev’s re- yield such time as he may consume to full committee met and we lifted sec- the gentleman from Louisiana (Mr. marks, President Robert Kocharian of Arme- tion 907 out of this bill. The first glim- nia said ‘‘nonstandard approaches’’ could LIVINGSTON) the chairman of the full mer of hope evolved after we took the produce a ‘‘unique solution’’ in the enclave. committee. section out. He mentioned several possible models: (Mr. LIVINGSTON asked and was We have been in the position of sanc- Northern Ireland, which has broad powers to given permission to revise and extend tioning one party to a conflict, con- run its affairs but remains under British sov- his remarks.) tinuing to beat them over the head, ereignty; Bosnia and Herzegovina, where a Mr. LIVINGSTON. Mr. Chairman, I and then saying, ‘‘By the way, we want joint presidency represents the three prin- am interested in some of the comments your friendship to bring this oil west, cipal ethnic groups; New Caledonia, a self- that have just transpired about this why don’t you help us?’’ And they have governing ‘‘overseas territory’’ of France, ominous lifting of section 907. It ap- and Andorra, a principality that holds a seat not been entirely cooperative until we in the United Nations but whose nominal plied sanctions against one of what finally lifted this sanction. The time rulers are the President of France and the were two warring parties only a few has come to lift it. bishop of Seo de Urgel, Spain. short years ago, Azerbaijan versus Ar- Do not let the people tell you about Mr. Kocharian said he could accept a token menia. the blockade. Azerbaijan represents 20 role for Azerbaijan in the enclave to allow it September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7953 a measure of ‘‘face saving.’’ But Azerbaijan, Mr. Chairman, this blockade has gerous rogue states like Iran is unac- which is posted to earn billions of dollars strengthened another nation, Turkey, ceptable. from oil exports, is seeking to save much in imposing its five-year blockade of The bill also highlights congressional more than face. It wants Nagorno-Karabakh Armenia on assistance from the West. concern about the recent activities of back, and could use its coming wealth to another dangerous rogue state, North build an army capable of retaking it. We must resuscitate, we must put back Mr. Kocharian said he is not worried about into legislation section 907 as will be Korea. Given the very frightening rev- such a counterattack. proposed by the gentleman from Cali- elations in recent weeks regarding ‘‘Are you sure the rich man fights better?’’ fornia (Mr. RADANOVICH). North Korea’s offensive capabilities, we he asked. ‘‘In 10 years, who will be ready to Mr. CALLAHAN. Mr. Chairman, I must take action. The U.S. must send a fight and die, and for what? In 10 years, any yield 5 minutes to the gentleman from signal of its strong disapproval by sus- attack on Nagorno-Karabakh would be Michigan (Mr. KNOLLENBERG) who cer- pending aid to North Korea until we viewed by its residents as an aggression tainly is a member who is so interested have real proof that it has ended its against their country. For the Azerbaijani in this committee and so knowledge- dangerous ballistic missile and nuclear Army, Karabakh will be just a memory. Who weapons program. will be more willing to give their lives?’’ able on many of the areas of the world Mr. Kocharian rose to power on the that are so important to the contents And finally I would like to add con- Nagorno-Karabakh issue. He is a former of our bill. cerns with respect to one particular leader of the enclave, and was elected Arme- Mr. KNOLLENBERG. Mr. Chairman, issue. The bill does contain language nia’s President in March after the army I rise in strong support of the bill, H.R. repealing Section 907, a provision of forced his precedessor, Levon Ter-Petrosian, 4569, and I wanted to obviously thank law passed by this body, signed into to resign. Military chiefs suspected that Mr. the gentleman from Alabama (Mr. CAL- law by President Bush in 1992. Section Ter-Petrosian was preparing a compromise 907 prohibits direct economic and mili- with Azerbaijan. LAHAN) for yielding me this time. He has been, I think, an outstanding indi- tary aid to the government of Azer- ‘‘We cannot accept anything less than baijan while it continues to blockade Karabakh being de facto Armenian,’’ said vidual in terms of shepherding this par- Armen Aivazian, a historian and foreign pol- ticular appropriations bill through the its neighbors and has been the center- icy expert. ‘‘It should be under unchallenged, process. That is not an easy task. He piece of U.S. Policy toward the permanent Armenian military control. After has done it with diligence, impartiality Caucasus for the last 6 years. I am con- that, Andorra could be negotiated. All kinds and I believe with absolute fairness. I cerned that its repeal may compromise of solutions are possible.’’ the U.S. role as an unbiased mediator Mr. Aivazian acknowledged, however, that commend the gentleman from Ala- bama. I want to thank the gentle- in negotiations to settle the Nagorno- there seemed little prospect of Azerbaijan’s Karabagh conflict. This issue will un- woman from California (Ms. PELOSI) for accepting such a formula. doubtedly surface again during the ‘‘I personally don’t see any solution in the her work in coming together on a host bill’s consideration. I look forward to a time ahead,’’ he said. ‘‘If the situation con- of important issues, and the staff for spirited debate, and I hope we will be tinues as it is, the chance of war is not 100 all the work they have done to create able to convince some of my colleagues percent, but certainly more than 50 or 60 per- this bill. Each member of this sub- that this may be an inappropriate cent.’’ committee has worked in a bipartisan Any peace accord would have to be accept- move at this time. Only through bal- fashion to craft a foreign aid bill that ed by leaders of the Nagorno-Karabakh Ar- anced support from the U.S. will we fi- reflects our Nation’s international pri- menians, and because Mr. Kocharian is con- nally see this region free of bloodshed orities while maintaining a goal of fis- sidered one of the enclave’s heroes, he would and conflict and rich with prosperity presumably be able to influence them. cal responsibility and a balanced budg- and opportunity. ‘‘He has a lot of sway over Karabakh opin- et. The chairman spoke to that. Mr. Chairman, the subject of foreign ion,’’ said a European diplomat in Yerevan. This bill holds the line on foreign aid ‘‘He is an astute politician and an astute aid often sparks heated debate on this spending while maintaining funding for floor. While we all have strong opinions string-puller, and as time goes on, he may our most important foreign aid prior- have a chance to be a statesman.’’ about a number of programs, I ask my ities. By supporting continued funding Ms. PELOSI. Mr. Chairman, I yield colleagues to not let heated discussions for Microenterprise and other develop- about details keep us from the business 11⁄2 minutes to the gentleman from ment assistance programs, Congress re- at hand. We need to unite behind this California (Mr. TORRES) who was affirms our country’s crucial role as a praised by many of the previous speak- fair bill to maintain U.S. leadership leader in strengthening the ever-grow- and strengthen our influence across the ers. ing community of prosperous, demo- Mr. TORRES. Mr. Chairman, I thank globe. cratic nations. Mr. Chairman, I ask for Members to the gentlewoman for yielding time. I The bill also maintains the U.S. com- support this bill, and I thank the gen- believe that this policy of lifting sec- mitment to the Middle East process tleman again for yielding me time. tion 907 is simply a question of reward- and our long-standing ally Israel. It Ms. PELOSI. Mr. Chairman, I yield 2 ing Azerbaijan. Azerbaijan does not de- provides $70 million for the resettle- minutes to the also reknowned gen- serve to be rewarded. Their govern- ment of former Soviet, East European tleman from Illinois (Mr. YATES) in ment has blockaded Armenia and and other refugees in Israel. And while this, the line up of champions. We Nagorno-Karabagh for 9 years. The U.S. support for peace in the Middle heard from the gentleman from Cali- blockade has cut off the supply of food, East is reaffirmed, the bill takes an fornia (Mr. TORRES) who was much ac- of fuel, of medicine and other vital historic first step toward eliminating claimed on the floor earlier, and now goods and commodities. Azerbaijan’s the region’s long-standing reliance on the much acclaimed gentleman from Il- blockade has precipitated a humani- U.S. economic aid. linois, Mr. YATES. tarian crisis requiring the U.S. to send Mr. YATES. Mr. Chairman, may I ex- b 1400 emergency life-saving assistance to Ar- press my very profound thank you to menia. Azerbaijan has blocked U.N. hu- Furthermore, the committee has en- my good friend the gentleman from manitarian aid to Nagorno-Karabagh. sured that whenever necessary, U.S. Alabama (Mr. CALLAHAN) the chairman It has refused to allow the U.N. to op- funds are focused on reinforcing our of the Committee, to the gentlewoman erate in Nagorno-Karabagh and has vital national security needs. from California (Ms. PELOSI) and to the even blocked the U.N. from conducting First, the bill contains our strong gentleman from Illinois (Mr. PORTER) a humanitarian needs assessment. commitment to the democratization of for many nice things they said about Mr. Chairman, at a time when Arme- Russia that addresses my concerns me. I think perhaps my absence from nia is introducing market reforms and about Russian exports of nuclear and the floor at that time may have helped. integrating its economy with the West, ballistic missile technology. This grave However I am grateful. They were very at a time when Armenia is in dire need, situation is addressed by stipulating generous in their statements, but I the blockade has virtually isolated Ar- that aid to Russia is contingent upon want them to know that I am very menia from the rest of the world. Ar- stopping the development of any nu- thankful for the many nice things they menia is landlocked, and 85 percent of clear program or ballistic missile capa- said about me. all Soviet-era goods destined to Arme- bility. We are sending a powerful signal Mr. Chairman, November 2, 1948, I nia went through Azerbaijan. to Russia that its interaction with dan- was elected for the first time to the H7954 CONGRESSIONAL RECORD — HOUSE September 17, 1998 Congress of the United States. I was In my tenure in this House, I have seen our position in the world community and the away from my representation in this firsthand the effect foreign aid can have on United States cannot continue to lead without House for 2 years when I ran for the bringing economic restoration to a war-torn or the institutions funded by this bill. Senate unsuccessfully. I came back the undeveloped country. I guess it is safe to say The business community in the United next term. And in all that time I have that I am a strong supporter of foreign aid. In StatesÐwho rely heavily on such foreign aid been a member of the Committee on fact, in all my years in the House, I do not institutions to create an environment favorably Appropriations, luckily I believe, be- think I have ever voted against a foreign aid to businessÐrequest we increase our foreign cause I think it is one of the great appropriations bill, but there is always a first aid to approximately $18 billion. committees of the House, and in all time. They see first hand how adversely affected that time I have been a member of the Mr. Chairman, if asked, I would not be able the economy is by the diminished role the Foreign Aid Subcommittee. First, it to characterize this as a good bill. I feel that United States plays in the developing world, was called the Marshall Plan Sub- in its present condition the President would be and, you can be sure, their foreign competi- committee, and gradually, as the years forced to veto the bill. I hope my friends on tors, armed with the support of their govern- went on, it was called the Foreign Aid the other side of the aisle will agree that we ment's, are ready and waiting to step right in. Subcommittee. The opportunities were do not want to see this bill and this Congress If we do not increase our level of foreign presented many times to get off that again caught up in a continuing resolution. aid, the long-term economic impact will be un- subcommittee and move to another There are many funding level and policy favorable to American business, the American one, but I considered the foreign aid issues which still need to be addressed before people and our national security interests. program so important that I never seri- this bill would be worthy of my support. I hope Mr. Chairman, Let's work together to take ously attempted to leave that sub- my colleagues will accept amendments in this bad bill and craft a great bill. committee. I believe it is extremely order to find tune this bill before we go to con- Mr. CALLAHAN. Mr. Chairman I important that adequate funding be ference with the other body. yield 4 minutes to the gentleman from given to the Foreign Aid Subcommit- I still believe we can get a good bill, one New Jersey (Mr. FRELINGHUYSEN) who tee in order to carry out our purposes with wide bipartisan support and one the is also a member of our subcommittee throughout the world. President will be happy to sign. whom we have to lean upon from time Mr. Chairman, in all that time I The first area I feel we need to address is to time for expertise primarily in the doubt that I voted against more than 1 the development assistance account. Bilateral area of the finance of this world, the or 2 of the bills, and I hate to say it and multilateral development assistance ac- World Bank and the International this time because I hold Chairman counts have been cut much more deeply than Monetary Fund. He is a true expert and Sonny Montgomery in such high re- any other area of the foreign operations budg- a value member of our subcommittee. gard. I have been associated with many et over the last four yearsÐcut on average by Mr. YATES. Mr. Chairman, will the chairmen during that period; none was more than 30 percent out of overall cuts of gentleman yield? better than the gentleman from Ala- about 11 percent, these cuts have harmed a Mr. FRELINGHUYSEN. I yield to the bama (Mr. CALLAHAN), I think he was wide range of programs including family plan- gentleman from Illinois. the best of all of them. And of course it ning, micro enterprise, IDA, and UNDP, to Mr. YATES. Mr. Chairman, I under- has been a honor and a privilege to name just a few. stand that in the course of my mean- serve with the gentlewoman from Cali- The foreign policy challenges and opportuni- dering discourse I referred to the gen- fornia (Ms. PELOSI) and my good friend ties facing the United States on the eve of the tleman from Alabama (Mr. CALLAHAN) and neighbor to the north, the gen- twenty-first century require greater attention to as Sonny Montgomery. I made a mis- tleman from Illinois (Mr. PORTER). and investment in developing countries than take. I want to correct that imme- I find this bill, however, lacking in so ever before. diately. many instances that I think I will have It is in developing countries where issues Mr. CALLAHAN. Mr. Chairman, will difficulty in supporting it. In fact, I such as rapid population growth, environ- the gentleman yield? think I probably will vote against it mental degradation, food insecurity, ethnic Mr. FRELINGHUYSEN. I yield to the unless it is corrected in the course of conflict and widespread poverty must be ad- gentleman from Alabama. the debate and in amendment. dressed if we are to realize the goal of peace, Mr. CALLAHAN. Mr. Chairman, I Mr. Chairman, during the almost 50 years democracy, prosperity and new export mar- take no offense. Former Congressman that I have served on this subcommittee, for- kets. Montgomery might. eign aid has seen a major transition in both I ask my colleagues, wouldn't logic tell you Mr. YATES. He was a good friend; I the political situation in the world and how for- that if you increase development assistance doubt that. I think he would consider eign assistance and export programs can best and thereby provide a better standard of living, it a compliment. address these changes. Mr. FRELINGHUYSEN. Mr. Chair- Foreign aid, like defense spending, helps such a commitment would address the root man, reclaiming my time, it is a pleas- preserve our national security. But, unlike de- causes that plague developing communities. ure to have yielded to the gentleman fense spending, where we continue to allocate Yet, this bill continues to ignore and dismiss from Illinois (Mr. YATES). I was two one out of every five dollars of our Federal the role development assistance can play in years-old when he became a Member of budget, foreign aid, which is currently less accomplishing our foreign policy aims and Congress, and it is a pleasure to be in than one percent of the overall Federal budg- achieving our overall national security objec- et, has continued to decrease. tives. the Chamber with him. The ironic truth about foreign aid is, that it Another major concern is that this House is Mr. YATES. Mr. Chairman, if the is much cheaper than most Americans think not addressing the shortfall in the International gentleman would continue to yield, it and it does things that most Americans may Monetary Fund [IMF] and insisting on relying was a pleasure to serve with the gentle- not realize. Yet, this bill continues to cut the on the conference committee and convoluted man’s father, may I say, of course most cost effective portion of our national se- procedures to achieve complete funding be- when he was a Member, as well as with curity budget, foreign aid. fore we adjourn for the year. his son. The total amount in the bill is slightly below In the almost 50 years since I became a Mr. FRELINGHUYSEN. Mr. Chair- the amount provided last year. It is well below Member of this House I have never been a man, I thank the gentleman from Illi- the request by the administration. More signifi- part of a Congress that ignored a world finan- nois, and, reclaiming my time, I rise in cantly it is below our committee's 302(b) allo- cial crisis, and I am deeply disappointed that support of the foreign operations bill, cation. in the last year of my last Congress this is just and personally I would like to thank As former Secretary of Defense, William what we are doing. If this funding is not ad- the gentleman from Alabama (Mr. CAL- Perry and the Chairman of the Joint Chiefs of dressed before we adjourn, American suppli- LAHAN) for his leadership as well as the Staff, General John Shalikashvili, said in their ers, business and finally the American people gentlewoman from California (Ms. May 23, 1995, article in USA Today: ``This is will suffer from the short sightedness and con- PELOSI) and our very excellent staff for no time to be penny-wise and pound-foolish. voluted restrictions of the leadership in this all the good work they do. Our foreign assistance program helps finance House. The challenges we face, Mr. Chair- the building blocks of a new international We are the leaders of the world, and that man, around the globe are increasingly structure that is more peaceful and more sta- should include being the leader in foreign as- complex: the struggle to find peace in ble than the one we left behind.'' sistance. Foreign aid is critically important to the middle east and in the Balkans, the September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7955 challenge of supporting emerging de- Ms. PELOSI. Mr. Chairman, I yield 5 b 1415 mocracies in Eastern Europe, in cen- minutes to the gentleman from Wis- I do not believe that this is a healthy tral Asia, increased threats of nuclear consin (Mr. OBEY). It is a very distinct outcome. proliferation and terrorism around the privilege to recognize the ranking I also have to simply say that I think world and economic deterioration in member of the full committee and a more and more, this bill has become a Asia and elsewhere; that has a big im- person who served for many years at bill that satisfies the needs and desires pact on American jobs and prosperity. ranking member of this subcommittee. of virtually every country in the world With this bill we provide some of the It is a intimidating feat to have to fol- and every special interest in our own essential tools to promote and protect low in his footsteps as ranking on this country. The only thing that seems to America’s leadership and interests, and committee. be left out is our national interests. we do so within the confines of our bal- Mr. OBEY. Mr. Chairman, I thank That I think is no reflection on anyone anced budget agreement. the gentlewoman for yielding this time who has tried to work on this bill, but Particular items worthy of note in to me, and she has done a terrific job it is a reflection on the shortsighted- this bill include the fact that with the on this bill as she does on virtually ev- ness of many of the groups that make full cooperation of Israel and Egypt erything else she deals with, and I also up this body and force the committee this bill marks the beginning of a want to express my appreciation to the to produce a bill which is essentially a multiyear plan to reduce the level of gentleman from Alabama (Mr. CAL- political accommodation rather than a assistance to Camp David countries, LAHAN) for his efforts this year and package that meets our real, sub- and, as our report reflects, our commit- through the years to try to produce a stantive needs. tee encourages other traditional aid re- decent bill. Then finally we come to the issue of cipients to follow the bold path under- Having said that, I very much regret Korea. In Korea we have the most reck- taken by Israel. what I am about to say. I have sup- less, irresponsible and dangerous re- Under the chairman’s leadership we ported this bill for years, but I do not gime in the world in North Korea. We have also restored critical funding for believe that I can any longer do so. have 5 different foreign policy goals child survival programs and disease Since 1989 we have really had eupho- that we are trying to reach in dealing prevention and eradication. I am par- ria in this country. The Iron Curtain with that outrageously out-of-line re- ticularly appreciative of the chair- collapsed, democracy was restored in a gime. We have only been able to man’s supportive efforts to combat tu- good many countries in central Europe, achieve one of those goals: the shutting berculosis and other infectious diseases South Africa is a far different country down of the Yongbyon reactor complex that have emerged as major threats than it used to be, we have many more which is capable now today of produc- around the world. democracies in Latin and Central ing weapons-grade fuel to produce sev- We also continue America’s long- America than we had a decade ago, and eral nuclear bombs a year. And yet, standing support of development as- I think we have almost come to expect this committee has produced a product sistance for the poorest of the poor in- that to be the norm. Unfortunately the which blows apart the one success that cluding international family planning real normalcy seems to be raising its we have had in the midst of a lot of programs. We also placed increased em- ugly head in many parts of the globe, failures in dealing with Korea. It is phasis on important priorities in our and I do not believe that this bill meets highly dangerous to the national inter- own hemisphere, especially addressing the task of dealing with those prob- ests of the United States, and I there- the scourge of illegal narcotics traffic. lems. fore urge a ‘‘no’’ vote on the entire bill. Further, we maintain our efforts to Mr. CALLAHAN. Mr. Chairman, I It is first of all, Mr. Chairman, ter- protect export-related American jobs yield 21⁄2 minutes to the gentleman ribly inadequate in terms of the way it for providing resources through the Ex- from California (Mr. CUNNINGHAM). port-Import Bank, OPEC, TDA to help deals with our international economic Mr. CUNNINGHAM. Mr. Chairman, I American companies enter and succeed situation. We have a crisis in terms of am not a member of this committee, in international markets, and when our what is happening in the Asian econ- although I am a member of the full American companies invest in develop- omy, and that sooner or later is going committee, and I came to seek time be- ing economies, particularly in coun- to collapse in on us, ruin our ability to cause there is an increasing problem, tries that receive U.S. taxpayer assist- export, and take away American jobs. and I have heard the same problem ance in this bill, we make it clear that And yet the majority party has refused from both sides of the aisle. With in- we expect these countries will provide to even allow us to vote on the ques- creasing trade agreements, we have no less than full legal protection for tion of providing full funding for the more and more American investors in- these investments. IMF, and this issue has been hanging vesting abroad, and our American citi- Finally, our subcommittee has spent around for a year. We cannot afford to zens are getting ripped off by the same a great deal of time and deliberation on wait any longer. countries that we are giving foreign aid the issue of resources for IMF. In this If my colleagues will take a look at to. bill we do provide for the new arrange- the former Soviet Union, first of all A good example, in Bulgaria, one of ments to borrow, and the Senate has this bill does not provide sufficient re- my constituents invested $4 million, provided the full administration re- sources to meet the problems in deal- and the bank acknowledges receipt of quests so that I anticipate that this ing with those states and then, after it the money. But yet, one of their em- issue will remain one for vigorous de- has cut substantially the funding for ployees took off with the money and bate as our work is completed. We those states, it then has the functional they do not want to take responsibility sought and continue to seek coopera- equivalent of earmarks which tie the for it. It has to go into the courts. tion support of the administration for President’s hands in responding to any Three years later, nothing has hap- much needed reforms at the IMF in change in circumstances in that part of pened. order that all Members can be con- the world. We should not be requiring Dr. Raffee, known worldwide as a fident that this is an investment wor- the President to spend specific computer expert, was asked under thy of our support. A lot more work amounts of money in any area in the Prime Minister Zia in Bangladesh to needs to be done by all of us to educate former Soviet Union unless the situa- invest in a high-tech company in Ban- the public and promote a greater con- tion on the ground warrants it. And yet gladesh. Well, to give my colleagues an fidence in all of our foreign aid activi- that is what this bill unfortunately idea, Bangladesh was established by 2 ties as well as IMF. does. men, 1 civilian, 1 military. The civilian Finally, a note of personal thanks to As far as Nagorno-Karabakh, Arme- was the first President, the military the gentleman from Alabama (Mr. CAL- nia, Azerbaijan are concerned, I am not was the second President. The civilian LAHAN) and our ranking member for in- at all convinced that the solution that is the father of the current prime min- cluding language in our report on be- this bill has produced is not more in ister, the military gentleman is the fa- half of the families and victims of Pan the interests of American oil compa- ther of the previous Prime Minister Am Flight 103 who have never received nies than it is in the interests of the Zia. Each feels that the other woman proper justice. American people. had their entire family murdered. H7956 CONGRESSIONAL RECORD — HOUSE September 17, 1998 So my colleagues can imagine the Ms. PELOSI. Mr. Chairman, I yield countries and companies take risks, situation that exists there. It is a blood 11⁄2 minutes to the gentlewoman from knowing that they will have a bailout. feud paralleled not even close to the Ohio (Ms. KAPTUR), a nationally recog- Maybe they make decisions based on Hatfield and McCoy blood feuds. And nized leader on international relations. that, or maybe they do not, but there our businessmen are getting caught Ms. KAPTUR. Mr. Chairman, I would certainly is the appearance of that hap- right in the middle of it, and that is like to thank the gentlewoman from pening. wrong. California (Ms. PELOSI) for this oppor- I think all of these concerns are What I would say is that when we tunity, and also our subcommittee trumped by the contagion issue; by the have our trade agreements that there chairman, the gentleman from Ala- idea that our economies are inter- be a rule of law established and en- bama (Mr. CALLAHAN). With all of the related globally, and that we need to forced that maybe the State Depart- rumors and the swirling of media have a mechanism, we need to have an ment could have an antiAmerican busi- events here in Washington, I think it is institution that can act to buoy up cur- ness alert, and even this committee, in important to say something about rencies or whatever so that our mar- extreme cases, review and take a look these 2 individuals who have worked so kets are not flooded by cheap labor and to make sure that our American inter- well together. They do not always that the markets for our exports are ests are secured in these extreme cases, agree, but they produced a bill; some not diminished. because there is an increasing problem. may agree with it, some may not So it is with grave concern about the I have talked to many of my colleagues agree. But it is an example of Congress impact on our own economy, and cer- on the other side, and they have con- working at its best and we need to pat tainly with concern about the impact stituents with the same problems. them on the back for that and thank on the economies in the world and the I would appeal to the committee and them. well-being of those countries and their the subcommittee to take a look into I also wanted to rise today and pay people that I believe that we should this area and withhold funds not only tribute to one of our colleagues who give one more round of funding to the in human rights, but American rights, just walked off the floor here for a few IMF, but not any more. We should take just as we have in the past. minutes and to extend my personal it down to the basics and build it up I thank the chairman for allowing me gratitude to him on behalf of this insti- from there. Again, IMF is just one to have the time to express these con- tution, myself and our country, and other reason why I am opposing this cerns. that is the gentleman from Illinois legislation. Ms. PELOSI. Mr. Chairman, I yield Another concern that I have in this (Mr. YATES), truly a high-minded gen- 11⁄2 minutes to the gentleman from tleman, someone with extraordinary legislation is that while my colleagues California (Mr. SHERMAN), who is an ex- intelligence and the gentlemanly de- on the other side have traditionally pert on international relations, and I given the President a great deal of meanor that is so welcome. He has an am pleased that he will be speaking on flexibility in this bill, that is not the incisive knowledge of the rules, and this bill. case in this bill. One area of concern demonstrates truly gracious behavior Mr. SHERMAN. Mr. Chairman, I that has not received much attention in every single instance in which we thank the gentlewoman, especially for so far is the Global Environmental Fa- overstating my qualifications. have had a chance to deal with him. I am sorry he is not here, and I know cility, the GEF. We are $300 million in Mr. Chairman, I rise to talk about arrears with the GEF. That was the re- he would be very embarrassed by all of the part of this bill that repeals Sec- quest of the administration. There is these laudatory remarks. But he has tion 907 of the Freedom Support Act. $45 million in the bill, and I had an been such a valued colleague to serve This is a critically important part of amendment which was offered in com- with and a rare talent that has raised the appropriations bill. It has been ad- mittee and defeated that would have this institution’s standing as rep- dressed by half of the speakers that put $50 million more into the GEF. resentative of our people. In fact, the have come to speak about the bill in These are arrears, therefore I do not standard that the gentleman from Illi- general. The Armenian National Com- need an offset for the $50 million. mittee and the Armenian Assembly, nois (Mr. YATES) set raised America I think that if we care about our chil- the 2 largest Armenian organizations, and our people always. dren and our grandchildren, we have to the predominant Armenian organiza- I know that our country and this be concerned about the air that they tions, have put out a statement saying House, and certainly this Member, will breathe and the water that they drink that for Armenian Americans, this is sorely miss his presence in future and recognize that we are not isolated the most important vote of this Con- meetings of this subcommittee. He has from the impact of pollution in other gress. been an unforgettable Member with countries. The work of the GEF is As a member of the Committee on whom to serve. And if only in my own very, very important work when it International Relations, I feel more career, and I am sure other Members comes to improving the environmental than a little concerned that such a sub- feel this way, we could model ourselves technologies in these countries, and stantive provision has been stuck in an on him, America would be so much bet- many of those technologies exported appropriations bill. A provision that ter for it. from the United States. That again is deals with an area that our committee Ms. PELOSI. Mr. Chairman, I yield another reason why I am opposing the had hearings on, our committee de- myself such time as I may consume. bill, because of the lack of funding, in- cided not to try to change this year, I thank the gentlewoman from Ohio creased funding to pay the arrears at and then the Committee on Appropria- for her remarks about our distin- the GEF. tions tries to change it. guished colleague, the gentleman from Mr. Chairman, how much time re- If one believes that substantive Illinois (Mr. YATES). mains? changes should be made by authorizing Mr. Chairman, in my opening re- The CHAIRMAN. The gentleman committees, if one believes that Amer- marks I referred to the concern that I from Alabama (Mr. CALLAHAN) has 2 ican foreign policy should reflect had that the full funding for the Inter- minutes remaining; the gentlewoman American values, then I hope my col- national Monetary Fund was not in- from California (Ms. Pelosi) has 31⁄2 leagues will vote for the Radanovich- cluded in this legislation, and that was minutes remaining. Pallone-Rogan-Sherman amendment to one of the reasons that I was urging Mr. CALLAHAN. Mr. Chairman, I am this bill and delete those provisions our colleagues to oppose the bill. I have ready to close, and I think I have the that try to play havoc with American serious concerns, as I mentioned, about right to close on this debate. foreign policy in the Caucasus. a conference committee increasing the Ms. PELOSI. Mr. Chairman, recogniz- Ms. PELOSI. Mr. Chairman, how IMF by $14.5 billion without the benefit ing that our distinguished chairman much time remains on each side? of debate on the floor. I completely as- wishes to close, I yield 11⁄2 minutes to The CHAIRMAN. The gentlewoman sociate myself with those who object to the gentleman from New Jersey (Mr. from California (Ms. PELOSI) has 71⁄2 the manner in which the IMF has con- PALLONE) so that he can speak before minutes remaining; the gentleman ducted its business. I think the issue of the close of the gentleman’s remarks. from Alabama (Mr. CALLAHAN) has 2 conditionality, transparency, moral Mr. PALLONE. Mr. Chairman, again, minutes remaining. hazard, the description of how some I would like to rise in support of an September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7957 amendment that is being offered, hope- antithetical to the principles that this we do not disagree on what we hope fully soon by my colleague, the gen- country holds dear, those democratic this world will be in the hands of those tleman from California (Mr. principles that are so important to this who control the monies of the Inter- RADONOVICH) of California, cosponsored country and are also important it our national Monetary Fund, they are not by myself, and it is very simple and friends in Armenia. doing it in a responsible manner now. straightforward. It would simply strike I look forward to supporting the gen- That is what this body is all about, the section relating to the repeal of tleman from New Jersey (Mr. PALLONE) to debate the differences. But let us Section 907 of the Freedom Support as he seeks to strike this language that not lose sight of where we are. We are Act. would call for an end of sanctioning a $3.5 million below the subcommittee’s The Freedom Support Act, passed by country like Azerbaijan for what they allocation of $12.4 billion, so we are Congress on a bipartisan basis and should be sanctioned for. I agree with below our request. We are within our signed into law by President Bush, de- my colleague, the gentleman from New outlay. We are $315 million below last fined U.S. policy in the Newly Inde- Jersey (Mr. PALLONE) that we need to year. We are $1.1 billion below what the pendent Countries of the former Soviet continue the pressure on these regimes President has requested for 1999. Union in the post-Cold War era. Sec- so that they end the blockade of Arme- In addition to that, we have pro- tion 907 prohibits direct U.S. Govern- nia and Nagorno-Karabakh. tected things such as child survival. If ment aid to Azerbaijan until that coun- Ms. PELOSI. Mr. Chairman, I yield we talk to the American people, they try lifts its blockades of Armenia and myself the final minute to close. are against foreign aid. Most of them Nagorna Karabagh. Mr. Chairman, in closing, I would do not understand how little we give to Mr. Chairman, Section 907 was good just like to again commend the gen- foreign aid. But if we mention to them law when we passed it back in 1992, and tleman from Alabama, our chairman, we are taking most of this money and it is still good law. Azerbaijan has done for his leadership and his cooperation. spending it on children who are starv- nothing to comply with the basic re- I want to commend the staff, the ma- ing on other continents, if we tell them quirement of Section 907 that it lift its jority staff, Mr. Charlie Flickner, John we are trying to provide health care blockades of Armenia and Nagorna Shank, Bill Inglee, and also Mark Mur- and trying to remove horrible diseases Karabagh, blockades that have caused ray and Lori Maes on the minority that are prevalent in some areas, such severe human hardship for the Arme- side. I commend Nancy Tippins of Mr. as the polio which we seek to eradi- nian people. Callahan’s personal staff, and Carolyn cate, with foreign aid monies, the Bartholomew of my personal staff as American people do not want to see b 1430 well. starving children starved. They do not Mr. Chairman, Azerbaijan is an au- I see the gentleman from Virginia want to see unhealthy children not re- thoritarian regime run by a Soviet (Mr. WOLF) on the floor, and it is al- ceive medical attention. Arab bureaucrat named Heydar Aliyev. ways a pleasure to work with him on They want to assist in education. They want to stop government-to-gov- Armenia, on the other hand, is a de- these international issues. I want to ernment aid that have been an indica- mocracy that has tried to extend the commend Ann Huiskes of his staff for tion of past years. So we have a respon- institutions of democracy to its citi- her work. Earlier the gentleman from sible bill with a few major controver- zens while making the transition to a New Jersey (Mr. SMITH) was on the sies that will be discussed. market economy. floor, and I want to commend Joseph Mr. DINGELL. Mr. Chairman, Members Yet, Mr. Chairman, if we adopt the Reese of his staff with whom we have language in the foreign ops bill, we will should know that even as we consider funds worked. While the gentleman from New in this bill for the International Monetary Fund essentially be rewarding the country Jersey (Mr. SMITH) is not on the sub- that has not made the transition from (IMF), the Government of Korea is backing committee, we have worked on many of away from commitments it made to the IMF Soviet era despotism and corruption these international issues although we and punishing the country, that is Ar- and to the world community to finally put an are not in complete agreement today. end to government directed lending, corporate menia, that has moved towards democ- Mr. Chairman, again I urge my col- racy and a market economy and is try- subsidies, and interference with corporate gov- leagues to oppose this legislation. I ernance. A new round of bidding was recently ing to integrate with the West. think it does not measure up to the vi- I would just like to say again, let announced for Korea's huge bankrupt motor sion that our country should have vehicle company, Kia Motors and its affiliate there be no doubt that the government about our foreign policy, that it is a of Azerbaijan has blockaded Armenia Asia Motors, after Kia's creditors announced departure from our bipartisan tradition that 30 percent of Kia and Asia Motors' $8.7 for 9 years. The blockade has cut off on international relations, and that we billion in bad debt would be ``forgiven'' so that the transport of food, fuel, medicine, can do better. I hope that, in the these companies, which some estimate have and other vital supplies creating a hu- course of the process, we will and that been bankrupt since 1991, can be sold as via- manitarian crisis requiring the U.S. to I will be able to support the bill. But as ble entities. send assistance to Armenia. it stands now, I urge my colleagues to I might add, the only two non-Korean firms Ms. PELOSI. Mr. Chairman, I am vote ‘‘no’’ on this bill. that have expressed an interest in buying Kia pleased to yield 1 minute to the gen- The CHAIRMAN. The time of the are U.S. companies, General Motors and tleman from Rhode Island (Mr. KEN- gentlewoman from California (Ms. Ford. General Motors and Ford have now NEDY) and commend him for his leader- PELOSI) has expired. withdrawn from the bidding, because they can- ship on this issue. Mr. CALLAHAN. Mr. Chairman, I not justify the burdensome terms set by the Mr. KENNEDY of Rhode Island. Mr. yield myself such time as I may con- creditors for the sale. As a result, Kia's credi- Chairman, I thank the gentlewoman sume. tors have now successfully forced all foreign from California for her work on this Mr. Chairman, all of the points dur- firms out of the bidding, leaving only Korean issue and particularly my colleague, ing this debate have been well taken companies, Samsung, Hyundai and Daewoo, the gentleman from New Jersey (Mr. and that is exactly what this body is as contenders for Kia. PALLONE) who I look forward to sup- all about. Basically, though, this is a Who is setting these impossible conditions? porting as he offers his amendment good bill. It is a bill that has received Principally, it is none other than the Govern- with the gentleman from California majority support in both subcommittee ment of Korea once again attempting to finan- (Mr. RADANOVICH) to straighten out and full committee. cially prop up Kia and to control its fate, even this report with respect to ending the There are several issues of conten- though it told the IMF it would no longer en- sanctions on those countries that are tion that we will debate this afternoon, gage in this kind of activity. Kia's creditors are blockading the democratic country of one of them being Section 907 whereby represented by the Korea Development Bank, Armenia, which is a country that this I disagree with the other side and the which is 100 percent owned and controlled by country should be doing more to work gentlewoman from California about the the Government of Korea. The Korean Gov- closely with and support. merits of what we have done. We have ernment also directly holds a 30 percent eq- Instead, our Nation’s policy is that, done exactly the right thing. uity interest in Kia. as embodied in this report, to make The other is the future funding of the By blocking the sale of Kia's assets as a friends with a regime that is totally International Monetary Fund. While bankrupt, non-viable entity, the Government of H7958 CONGRESSIONAL RECORD — HOUSE September 17, 1998 Korea may be protecting its own equity stake Mr. LEVIN. Mr. Chairman, I will support pas- reliable ally of the United States in the Middle in the company, but it is perpetuating the very sage of H.R. 4569, the Foreign Operations East and continued foreign aid funding will nonmarket-based government subsidization Appropriation for fiscal year 1999. I do so in maintain its solid partnership with the United and interference that has produced the calami- spite of serious concerns over a number of the States. Because of the importance of the tous decline of Korea's economy. bill's provisions. United States-Israel relationship and the Is this the kind of ``reform'' that we thought Unfortunately, the Majority has once again strength of Israel's democracy, the United the Government of Korea had committed to been unwilling to provide adequate funding for States has a strong, stable democratic ally. By implement in return for the $60 billion loan the International Monetary Fund. H.R. 4569 its continued support of Israel, the United package it received from the IMF? If not, we provides only $3.4 billion in credits to the IMF, States honors a historic commitment to a fel- must demand that our government exercise far less than is needed to deal with the low democracy with which we share unique strict and aggressive monitoring of how every spreading economic crisis in Asia, Russia and security, economic, and cultural ties. penny of the IMF funding is used and what other countries, and far less than the $18 bil- I do not believe there is anything more im- Korea is doing to implement its commitments lion requested by the Administration. It is par- portant than to forge a just and lasting peace to the IMF and to fulfill its trade obligations to ticularly unfortunate that the Majority would not for the Middle East. I urge my colleagues to the world community. even allow an amendment on IMF funding in continue our support for Israel and to further We cannot allow U.S. tax dollars to be used order to let the House have an up-or-down our national interests by voting for this appro- to continue the operation of non-viable, bank- vote on the matter. priation. rupt Korean auto, steel, and other firms that I also object to language contained in this Mr. UNDERWOOD. Mr. Chairman, I strongly dump cheap imports in our market and under- bill to codify the so-called ``Mexico City'' re- oppose this rule which would block any mine otherwise competitive products made by strictions on U.S. funds for international family amendments to provide funding for the Inter- U.S. firms and U.S. workers. planning organizations. Finally, I believe the national Monetary Fund (IMF). The IMF is an Without strict monitoring and reporting to provisions related to North Korea and funding indispensable organization formed in 1945 to Congress, we will never know what Korea is for the Newly Independent States of the assist its members with monetary issues and doing. It is simply not good enough for Admin- former Soviet Union need to be improved. financial cooperation. It is no surprise that the istration officials to make vague statements I hope that these deficiencies in the bill can IMF has grown from 29 member countries to about being ``encouraged'' by the progress of be corrected in conference with the Senate. I 182 nations today. Korea's economic reform. Korea has institu- will not support the conference report unless Mr. Speaker, the rule we have before us tions and policies that enable the government there are major changes. today would rob us of the opportunity to con- to intervene in commercial lending and cor- Mr. BENTSEN. Mr. Chairman, I rise in reluc- tinue to assist nations heavily affected by the porate governance. This Congress needs to tant support of the fiscal year 1999 Foreign economic contagion which has spread from know what Korea is doing to restructure those Operations Appropriations bill, but I strongly Asia to Russia to Latin America. The global institutions and to change those policies, so support the bill's provision to provide $3 billion economic structures demand that we consider that government intervention in the private in aid to Israel. a rule which would allow us to replenish the economy is minimized and Korean markets While I support final passage of this bill, I IMF's depleted reserves. The requisite $14.5 are open to U.S. and other foreign competi- am very concerned about the inadequate re- billion assists not only the economically trou- tors. sponse to the shortfall in funding for the Inter- bled areas I have mentioned, but also the Mr. Chairman, the legislation we are consid- national Monetary Fund. It has been nearly a United States. Due to the nature of our inter- ering contains significant requirements appli- year since the Administration requested $3.4 linked world economies, it is not so difficult to cable to Korea and other IMF recipients. It billion for the New Arrangements to Borrow comprehend that financial woes in South provides that IMF-recipient governments shall (NAB) and $14.5 billion to address the Asian Korea and Russia will eventually reach our not give government support or tax privileges currency crisis. This bill provides only the $3.4 shores. For example, Asia purchases about to individual firms. The government-owned billing in credits for the International Monetary 40% of American agricultural exports. Amer- Korea Development Bank's decision to ``for- Fund. Unless the U.S. provides the full share ican exports to Asia are expected to decrease by 3 to 6% this year alone due to reduction of give'' a large share of Kia's debt, so that it can requested, which has no budgetary impact, no demand in this region. be sold as a viable entity, is government sup- other member countries will increase their par- The people of Guam, my constituents, have ticipation, which all IMF member countries are port of the most fundamental kind and violates felt the effects of the Asian Financial Crisis the prohibition in this legislation. But without being asked to make, and we would be unable since it commenced last year. With our tourist strict monitoring and reporting to Congress, to replenish the IMF's depleted reserves and economy dependent on the investment of our the Government of Korea is free to ignore fund loan packages to address worldwide cur- Asian neighbors, we have witnessed dwindling these and other warnings. We must not let rency devaluations. tourism numbers effectively shutting down Without this investment, the IMF will have that happen. local businesses and leaving numerous indi- Together with my Colleagues, Mr. MURTHA fewer resources to meet future needs to pro- viduals unemployed. Between July 1997 and and Mr. REGULA, I have written Secretary of vide economic stability and in particular stabil- July 1998, Guam visitor arrival numbers plum- the Treasury Rubin, Secretary of Commerce ity to markets for US exports. Given that the meted by an astounding 23%. Daley, and U.S. Trade Representatives Senate has passed the full amount requested, Critics of the IMF cite that this would be the Barshefsky, asking a number of detailed ques- I am hopeful that the full Administration fund- appropriate time to force reforms on the IMF, tions about reforms in Korea, and in particular, ing level will be met when conference action such as increasing the transparency of its op- about the sale of Korea's bankrupt auto, steel, takes place on this bill. If the House fails to erations. This reasoning is myopic. The would and other firms. When I receive their re- adopt the Senate provision with respect to the continues to be in the throes of financial cri- sponse, I will make it available in an effort to IMF funding and the President vetoes the bill ses, and instead of assisting, the United keep Members informed on this important as he has said he would, I would have no States is stymieing efforts to assist troubled matter. choice but to support the veto. nations. Exacting conditions on the IMF at this Ms. STABENOW. Mr. Chairman, I will vote While I have serious concerns about funding point would be counterproductive to furthering yes on the final passage of H.R. 4569 with se- levels for the IMF, I strongly support aid to American economic interests. rious reservations. I urge the Senate and the Israel, and am very pleased with the $3 billion In the interest of our economic well-being, I Conference Committee to address the issue of appropriated for economic and military assist- urge my colleagues to oppose H. Res. 542. family planning and other serious flaws that ance provided in this bill. I believe the United Mr. ROGAN. Mr. Speaker, today the House exist in the bill. If significant improvements are States must maintain its commitment to pro- of Representatives will pass H.R. 4569, the not made in the bill before it returns to the viding aid to Israel, which is in the United 1999 Foreign Operations Appropriations Act. House of Representatives, I do not intend to States' strategic and economic best interest. Contained within this act was an important support the final passage of this legislation. An important regional ally and the only true provision I am proud to have cosponsored. Ms. RIVERS. Mr. Chairman, I will vote yes democracy in the Middle East, Israel is cer- The provision eliminated language that would for H.R. 4569 with the expectation that Senate tainly deserving of this support. have repealed section 907 of the Freedom of and Conference activity will remedy the seri- The American-Israeli partnership is vital be- Support Act of 1992. I want to applaud and ous flaws that exist in the bill. If these inad- cause it exists beyond normal political and recognize the overwhelming bipartisan support equacies are not addressed before it returns strategic bonds. Both nations share a common this measure received. to the House, I will not support its ultimate set of valuesÐindividual responsibility, free- The passage of this Amendment sends the passage. dom, hope, and opportunity. Israel is the most clear message that the United States does not September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7959 condone the government of Azerbaijan's cruel seek to change laws in their own respective our ability to provide leadership throughout the and inhumane blockade of Armenia and country. This provision punishes organizations global community. Specifically, the Peace Nagorno Karabagh. This embargo is still in ef- for engaging in legal activities in their own Corps defining programs, the Export Import fect today. As a result of this economic choke- countries that would be protected by the First Bank, and the Protocols to implement the hold, a bipartisan group of legislators included Amendment, if carried out in the United Comprehensive Test Ban Treaty. a provision to the Freedom Support Act known States. Funding for preventive family planning Overall, this bill fails to provide adequate re- as Section 907. leads to a decrease in unintended preg- sources to meet our national security require- The Radanovish-Pallone-Rogan-Sherman nancies, a decrease in maternal deaths, and a ments and reaffirm our obligation and respon- amendment retains current law (Section 907) decrease in abortion. Funds under these pro- sibilities as the world's superpower. The Re- by prohibiting U.S. tax dollars from going to grams are legally prohibited from supporting or publican leaders has again illustrated its indif- the dictatorial government of Azerbaijan until encouraging abortion as a method of family ference to meeting the needs of the global fi- its government takes steps to lift its blockade. planning. These restrictions are safeguarded nancial crises, reaffirming its commitments to Presently humanitarian aid may go to the peo- by legally binding contracts with the organiza- human rights, providing environmental leader- ple of Azerbaijan through private charities. tions that receive U.S. funds, by close tech- ship abroad, and assisting those who need Maintaining this section promotes the cause of nical monitoring, and by regular audits by our help the most in this age of poverty, civil democracy, while sending the message that independent, nationally recognized accounting discord and economic turmoil. I urge Members human rights violations and actions that com- firms. None of these funds are utilized for to vote no on this bill. promise the expansion of democracy will not abortion purposes. Mr. BEREUTER. Mr. Chairman, this Mem- be tolerated. International family planning assistance is ber rises to express his support for H.R. 4569, Mr. VENTO. Mr. Chairman, I rise today in intended to help women make informed health the Foreign Operations and Export Financing strong opposition to the Foreign Operation Ap- care decisions, improve the quality of life for Act for 1999. This Member would like to also propriations Bill for FY 99 reported out of the citizens of developing nations, and promote express his strong support for provisions with- Appropriations Committee. Once again, the economic responsibility in allocating scarce re- in this measure that support the U.S. Army sources. Ultimately, I believe it will be in the GOP leadership has all but ensured confronta- School of the Americas. tion with the Republican led Senate and has best interest of the United States to support Mr. Speaker, as many of my colleagues are set the Congress on a collision course with programs that strive to help the poor and un- aware, there has been a concerted effort to derprivileged, especially women in such need. the White House. This bill has several serious close the U.S. Army School of the Americas Such funds prevent unwanted pregnancies flaws that fail to address the ongoing global by opponents of the school that have often and the abortions that may follow. In its cur- economic crisis and is simply not adequate to used distorted or false information that serves rent form, this provision would even muzzle meet our national security requirements or to one purposeÐto mislead the American public. organizations from speaking out against abor- meet our obligations and responsibilities as The U.S. Army School of the Americas is a tion in their own countries. Again, the GOP led the world's only superpower. Specifically, this U.S. Army military training institution that it is Senate did not include this restrictive language bill ignores the President's request of the total a key Latin American foreign policy tool for the in its version, thus setting up a difficult con- $18 billion for the International Monetary Fund United States and an integral part of the U.S. ference negotiation. Furthermore, the Presi- (IMF) and is vital to serve and replenish the dent has indicated clearly that this language is Southern Command's engagement strategy in IMF funding base which has been severely unacceptable and that he will veto any bill Latin America. depleted by the financial crisis in Mexico, Asia The primary mission of the School is to pro- containing such language. and Russia; again includes restrictive lan- Again, the GOP leadership insisted on pro- mote democracy, civilian control of the mili- guage on international family planning funding; viding full funding for expanding the Inter- tary, respect for human rights, and doctrinally fully funds the United States School of Ameri- national Military Education and Training sound, relevant military education and training cans (SOA) which has a long history of in- (IMET) programs to countries with horrific his- to the nations of Latin America. With the structing human rights abusers; and tories of human rights abuses. Specifically, change in the National Security Strategy from underfunds important international programs funding for the School of the Americas containment to engagement and enlargement that are crucial to an effective foreign policy. (S.O.A.). The S.O.A. was established in 1946 the U.S. Army School of the Americas has The changes that have occurred in the to train military officers from Latin American shifted its curriculum to provide course instruc- world in the last decade have provided the countries. To date, nearly 60,000 military per- tion in areas such as civil-military operations, United States unprecedented opportunities to sonnel from various Latin American countries counterdrug operations, democratic enhance our national and economic security have attended the S.O.A. Unfortunately, upon sustainment, peacekeeping operations, and by solidifying our global leadership and by returning to their home countries a number of humanitarian demining. bringing democracy to many countries. The graduates have participated in the overthrow Opponents of the School have attempted to Congress has debated the IMF replenishment of democratically elected governments and in place the blame for many of the human rights for a full year. In that time, the economic crisis broad abuses of human rights. The lessons abuses in Latin American countries on the has spread from Asia to Russia, and is now taught by the U.S. at the S.O.A. were clearly U.S. Army School of the Americas. It should threatening to strike in Latin America. It is not not very effective in guiding democratic mili- be noted that in the 50-year existence of the time for Congress to take a proactive role on tary conduct. I have serious apprehension to School and its almost 60,000 graduates that this replenishment. The IMF is an imperfect any congressional commitment to S.O.A. in- less than one percent of those students have solution, not the problem, and it is one of the struction that will bring about positive change ever been linked to human rights violations. only tools available to address the serious in Latin America or in the Global theater. Only The human rights training taught is more com- global economic turmoil. As a senior Member the closure of the S.O.A. could better serve prehensive than human rights training taught of the House Banking Committee, I visited this objective. That is the right thing to do at any other U.S. military school. southeast Asia last winter and met with politi- symbolically and substantively. Also, of critical importance is the cal and financial leaders in China, Korea and This bill appropriates only $43 million of the counterdrug operations course at the U.S. Japan. Following the trip, I was convinced $300 million requested by the President for Army School of the Americas which teaches more than ever that the Asian economic con- the Global Environment Facility (G.E.F) of the both military and civilian police forces the nec- tagion would not be isolated to Asia. Just yes- World Bank. This important facility funds envi- essary skills to stop the cultivation, production terday, Federal Reserve Chairman Greenspan ronmental projects throughout the world. The and transportation of illegal drugs. Many of the and Treasury Secretary Rubin stressed again G.E.F. was created in response to the vast School's graduates have lost their lives while the importance of increasing the funding for needs in developing countries for multilateral combating the narco-guerrillas and drug lords the IMF. Furthermore, the Republican led Sen- resources devoted to mitigating environmental in Bolivia, Colombia, and EcuadorÐkey coun- ate included the full $18 Billion requested by problems. Currently, the G.E.F. is funding pro- tries in the United States war on drugs. These the Administration in its passed Foreign Oper- grams to address a variety of environmental counterdrug operations are of vital interest to ations Bill. The fact remains that the replenish- problems including the promotion of a bio- our national security as the efforts of these ment of the IMF will ultimately benefit Amer- diversity, creating energy efficiency and clean- brave Latin American soldiers are aimed at re- ican workers, businesses and farmers by pro- ing up polluted water. Without additional fund- ducing the flow of drugs across our borders. tecting our economic strength. ing, G.E.F. will run out of money soon and this The U.S. Army School of the Americas has This bill also contains language restricting vital work will stop. been endorsed by the Department of State, foreign organizations who receive family plan- Many funding levels for programs that the the Department of Defense, the Department of ning assistance from using their own funds to Committee has reported will severely undercut the Army, the Office of National Drug Control H7960 CONGRESSIONAL RECORD — HOUSE September 17, 1998 Policy, and the Drug Enforcement Agency. crease the IMF's power over all member coun- thorized by section 10 of the Export-Import The School does far more good in promoting tries, including the United States U.S. investor Bank Act of 1945, as amended, $745,500,000 to democratic values and respect for human protection laws could be endangered, and remain available until September 30, 2003: Congress would have nothing to say about it. Provided, That such costs, including the cost rights among Latin American countries. of modifying such loans, shall be as defined This Member supports the sustainment of The IMF's proposed capital liberalization in section 502 of the Congressional Budget the U.S. Army School of the Americas as pro- strategy would also increase the likelihood and Act of 1974: Provided further, That such sums vided in the Foreign Operations and Export Fi- scope of future financial crises. Rapidly grow- shall remain available until 2014 for the dis- nancing Act for 1999 and urges his colleagues ing and extremely volatile international capital bursement of direct loans, loan guarantees, to do so as well. flows have rendered may emerging markets insurance and tied-aid grants obligated in Mrs. TAUSCHER. Mr. Chairman, I rise in and developing countries extremely vulnerable fiscal years 1999 and 2000: Provided further, support of the Pelosi amendment to fully fund to destabilizing speculative capital. The IMF's That none of the funds appropriated by this the International Monetary Fund. dismal record of predicting these crises in- Act or any prior Act appropriating funds for Mr. Chairman, Congress is once again pro- crease the possibility that Congress will be foreign operations, export financing, or re- lated programs for tied-aid credits or grants hibited from moving forward on the incredible called upon to bail out troubled economies in may be used for any other purpose except important issue of IMF replenishment. Earlier the future. If you add weakened capital regula- through the regular notification procedures this year, the House Banking Committee sup- tion to that mix, the sky becomes the limit for of the Committees on Appropriations: Pro- ported a bill to fully fund the IMF by a 40-9 these bailouts. vided further, That funds appropriated by this vote. This bipartisan measure includes needed Whatever you think of the MAI or the IMF, paragraph are made available notwithstand- reforms of the program to make the Fund the kind of important decisions contemplated ing section 2(b)(2) of the Export-Import Bank more transparent and accountable, improve to require the United States to remove con- Act of 1945, in connection with the purchase labor standards in recipient countries, and in- trols on the flow of capital should be made by or lease of any product by any East Euro- pean country, any Baltic State, or any agen- crease the effectiveness of market-oriented re- Congress, not unelected international bureau- crats. Furthermore, we should not be throwing cy or national thereof. forms. Unfortunately, since the consideration ADMINISTRATIVE EXPENSES of this measure in committee, IMF funding has good money after bad in these troubled for- eign economies by dumbing down their capital For administrative expenses to carry out been bogged down by extraneous issues. This the direct and guaranteed loan and insurance must stop. flow controls. We shouldn't give the IMF a blank check programs (to be computed on an accrual The global economy has been going basis), including hire of passenger motor ve- through a tumultuous time over the past year. with this bill and we definitely should not allow hicles and services as authorized by 5 U.S.C. First the Asian Tigers slipped, then Russia. the IMF to assume the ability to require the 3109, and not to exceed $20,000 for official re- Now we are receiving news that Brazil, one of weakening of the regulation of the movement ception and representation expenses for the strongest and largest economies in Latin of capital either here in the United States or in members of the Board of Directors, America, is experiencing economic retraction. other countries. $50,277,000: Provided, That necessary expenses The Klink/Ros-Lehtinen amendment would (including special services performed on a We need to stand up and do what's right, not have ensured that Congress has the say in contract or fee basis, but not including other only to bolster the global economy, but to pro- developing U.S. capital regulations and help personal services) in connection with the col- tect American economy, American jobs, and prevent or reduce any future bailouts by the lection of moneys owed the Export-Import American values. Should our economy falter, Bank, repossession or sale of pledged collat- IMF. I'm disappointed that our amendment the Federal budget surplus will be at risk. eral or other assets acquired by the Export- could not be debated today. How can we, as stewards of our Nation's Import Bank in satisfaction of moneys owed The CHAIRMAN. All time for general the Export-Import Bank, or the investiga- fiscal house, oppose IMF funding when failure debate has expired. to do so threatens to drag our strong domestic tion or appraisal of any property, or the Pursuant to the rule, the bill shall be evaluation of the legal or technical aspects economy along with it? I urge my colleagues considered for amendment under the 5- of any transaction for which an application to oppose the point of order and support full minute rule for a period not to exceed for a loan, guarantee or insurance commit- IMF funding. 5 hours and shall be considered read ment has been made, shall be considered Mr. KLINK. Mr. Chairman, it is disappointing through page 141, line 18. nonadministrative expenses for the purposes to me that the House is moving to approve The text of H.R. 4569 through page of this heading. new funding for the International Monetary 141, line 18 is as follows: OVERSEAS PRIVATE INVESTMENT CORPORATION Fund (IMF) in this legislation and shutting out Be it enacted by the Senate and House of Rep- NONCREDIT ACCOUNT amendments on the IMF, because the IMF resentatives of the United States of America in The Overseas Private Investment Corpora- Board of Directors is working on a capital de- Congress assembled, That the following sums tion is authorized to make, without regard regulation agenda very similar to the Multilat- are appropriated, out of any money in the to fiscal year limitations, as provided by 31 Treasury not otherwise appropriated, for the U.S.C. 9104, such expenditures and commit- eral Agreement on Investment (MAI). fiscal year ending September 30, 1999, and for The amendment I intended to offer with my ments within the limits of funds available to other purposes, namely: it and in accordance with law as may be nec- friend from Florida, Ms. ROS-LEHTINEN, would TITLE I—EXPORT AND INVESTMENT essary: Provided, That the amount available have required the Secretary of the Treasury to ASSISTANCE for administrative expenses to carry out the oppose an attempt by the IMF to expand its EXPORT-IMPORT BANK OF THE UNITED STATES credit and insurance programs (including an jurisdiction over international capital flows, be- The Export-Import Bank of the United amount for official reception and representa- fore any new money is released for the IMF. States is authorized to make such expendi- tion expenses which shall not exceed $35,000) We won't be able to offer that amendment tures within the limits of funds and borrow- shall not exceed $33,000,000: Provided further, because the rule for this bill puts time con- ing authority available to such corporation, That project-specific transaction costs, in- straints on amendments and does not make and in accordance with law, and to make cluding direct and indirect costs incurred in IMF amendments in order. That is unfortunate. such contracts and commitments without re- claims settlements, and other direct costs The MAI is a highly controversial inter- gard to fiscal year limitations, as provided associated with services provided to specific investors or potential investors pursuant to national investment treaty which has existed in by section 104 of the Government Corpora- tion Control Act, as may be necessary in car- section 234 of the Foreign Assistance Act of near obscurity for more than 2 years. The MAI rying out the program for the current fiscal 1961, shall not be considered administrative was conceived in secrecy, negotiated mostly year for such corporation: Provided, That expenses for the purposes of this heading. in secret, and, if the IMF has its way, it will im- none of the funds available during the cur- PROGRAM ACCOUNT plement provisions very similar to the MAI in rent fiscal year may be used to make expend- For the cost of direct and guaranteed secret. The future of the MAI is uncertain, but itures, contracts, or commitments for the loans, $50,000,000, as authorized by section 234 the IMF's plan to liberalize controls on capital export of nuclear equipment, fuel, or tech- of the Foreign Assistance Act of 1961 to be is moving full speed ahead. nology to any country other than a nuclear- derived by transfer from the Overseas Pri- The IMF is working on an amendment to its weapon state as defined in Article IX of the vate Investment Corporation Noncredit Ac- Treaty on the Non-Proliferation of Nuclear count: Provided, That such costs, including Articles of Agreement that would give the IMF Weapons eligible to receive economic or the power to require member countries to the cost of modifying such loans, shall be as military assistance under this Act that has defined in section 502 of the Congressional commit to full capital account liberalization. detonated a nuclear explosive after the date Budget Act of 1974: Provided further, That The IMF could then dictate to countries the re- of enactment of this Act. such sums shall be available for direct loan moval of all barriers to the international flow of SUBSIDY APPROPRIATION obligations and loan guaranty commitments capital. The IMF would become the ultimate For the cost of direct loans, loan guaran- incurred or made during fiscal years 1999 and enforcer of capital deregulation. This would in- tees, insurance, and tied-aid grants as au- 2000: Provided further, That such sums shall September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7961 remain available through fiscal year 2007 for abortions; and that in order to reduce reli- deemed to be among the most cost-effective the disbursement of direct and guaranteed ance on abortion in developing nations, and successful providers of development as- loans obligated in fiscal year 1999, and funds shall be available only to voluntary sistance. through fiscal year 2008 for the disbursement family planning projects which offer, either INTERNATIONAL DISASTER ASSISTANCE of direct and guaranteed loans obligated in directly or through referral to, or informa- For necessary expenses for international fiscal year 2000: Provided further, That in ad- tion about access to, a broad range of family disaster relief, rehabilitation, and recon- dition, such sums as may be necessary for planning methods and services: Provided fur- struction assistance pursuant to section 491 administrative expenses to carry out the ther, That in awarding grants for natural of the Foreign Assistance Act of 1961, as credit program may be derived from amounts family planning under section 104 of the For- amended, $150,000,000, to remain available available for administrative expenses to eign Assistance Act of 1961 no applicant shall until expended. carry out the credit and insurance programs be discriminated against because of such ap- in the Overseas Private Investment Corpora- plicant’s religious or conscientious commit- MICRO AND SMALL ENTERPRISE DEVELOPMENT tion Noncredit Account and merged with ment to offer only natural family planning; PROGRAM ACCOUNT said account. and, additionally, all such applicants shall For the cost of direct loans and loan guar- FUNDS APPROPRIATED TO THE PRESIDENT comply with the requirements of the pre- antees, $1,500,000, as authorized by section 108 of the Foreign Assistance Act of 1961, as TRADE AND DEVELOPMENT AGENCY vious proviso: Provided further, That for pur- poses of this or any other Act authorizing or amended: Provided, That such costs shall be For necessary expenses to carry out the appropriating funds for foreign operations, as defined in section 502 of the Congressional provisions of section 661 of the Foreign As- export financing, and related programs, the Budget Act of 1974: Provided further, That sistance Act of 1961, $41,500,000, to remain term ‘‘motivate’’, as it relates to family guarantees of loans made under this heading available until September 30, 2000: , Provided planning assistance, shall not be construed in support of microenterprise activities may That the Trade and Development Agency to prohibit the provision, consistent with guarantee up to 70 percent of the principal may receive reimbursements from corpora- local law, of information or counseling about amount of any such loans notwithstanding tions and other entities for the costs of all pregnancy options: Provided further, That section 108 of the Foreign Assistance Act of grants for feasibility studies and other nothing in this paragraph shall be construed 1961. In addition, for administrative expenses project planning services, to be deposited as to alter any existing statutory prohibitions to carry out programs under this heading, an offsetting collection to this account and against abortion under section 104 of the $500,000, all of which may be transferred to to be available for obligation until Septem- Foreign Assistance Act of 1961: Provided fur- and merged with the appropriation for Oper- ber 30, 2000, for necessary expenses under this ther, That, notwithstanding section 109 of the ating Expenses of the Agency for Inter- paragraph: , That such reim- Provided further Foreign Assistance Act of 1961, of the funds national Development: Provided further, That bursements shall not cover, or be allocated appropriated under this heading in this Act, funds made available under this heading against, direct or indirect administrative and of the unobligated balances of funds pre- shall remain available until September 30, costs of the agency. viously appropriated under this heading, not 2000. TITLE II—BILATERAL ECONOMIC to exceed $2,500,000 may be transferred to URBAN AND ENVIRONMENTAL CREDIT PROGRAM ASSISTANCE ‘‘International Organizations and Programs’’ ACCOUNT FUNDS APPROPRIATED TO THE PRESIDENT for a contribution to the International Fund For administrative expenses to carry out For expenses necessary to enable the Presi- for Agricultural Development (IFAD), and guaranteed loan programs, $5,500,000, all of dent to carry out the provisions of the For- that any such transfer of funds shall be sub- which may be transferred to and merged eign Assistance Act of 1961, and for other ject to the regular notification procedures of with the appropriation for Operating Ex- purposes, to remain available until Septem- the Committees on Appropriations: Provided penses of the Agency for International De- ber 30, 1999, unless otherwise specified here- further, That none of the funds appropriated velopment. under this heading may be made available in, as follows: PAYMENT TO THE FOREIGN SERVICE for any activity which is in contravention to AGENCY FOR INTERNATIONAL DEVELOPMENT RETIREMENT AND DISABILITY FUND the Convention on International Trade in CHILD SURVIVAL AND DISEASE PROGRAMS FUND Endangered Species of Flora and Fauna For payment to the ‘‘Foreign Service Re- For necessary expenses to carry out the (CITES): Provided further, That none of the tirement and Disability Fund’’, as author- provisions of chapters 1 and 10 of part I of funds appropriated under this heading may ized by the Foreign Service Act of 1980, the Foreign Assistance Act of 1961, for child be made available for assistance for the cen- $44,552,000. survival, basic education, assistance to com- tral Government of the Republic of South OPERATING EXPENSES OF THE AGENCY FOR bat tropical and other diseases, and related Africa, until the Secretary of State reports INTERNATIONAL DEVELOPMENT activities, in addition to funds otherwise in writing to the appropriate committees of For necessary expenses to carry out the available for such purposes, $650,000,000, to the Congress on the steps being taken by the provisions of section 667, $460,000,000: Pro- remain available until expended: , Provided United States Government to negotiate the vided, That none of the funds appropriated by That this amount shall be made available for repeal, suspension, or termination of section this Act for programs administered by the such activities as: (1) immunization pro- 15(c) of South Africa’s Medicines and Related Agency for International Development may grams; (2) oral rehydration programs; (3) Substances Control Amendment Act No. 90 be used to finance printing costs of any re- health and nutrition programs, and related of 1997. port or study (except feasibility, design, or education programs, which address the needs PRIVATE AND VOLUNTARY ORGANIZATIONS evaluation reports or studies) in excess of of mothers and children; (4) water and sani- $25,000 without the approval of the Adminis- tation programs; (5) assistance for displaced None of the funds appropriated by this Act for development assistance may be made trator of the Agency or the Administrator’s and orphaned children; (6) programs for the designee. prevention, treatment, and control of, and available to any United States private and research on, tuberculosis, HIV/AIDS, polio, voluntary organization, except any coopera- OPERATING EXPENSES OF THE AGENCY FOR malaria and other diseases; and (7) up to tive development organization, which ob- INTERNATIONAL DEVELOPMENT OFFICE OF IN- $98,000,000 for basic education programs for tains less than 20 percent of its total annual SPECTOR GENERAL children: Provided further, That none of the funding for international activities from For necessary expenses to carry out the funds appropriated under this heading may sources other than the United States Gov- provisions of section 667, $31,500,000, to re- be made available for nonproject assistance. ernment: Provided, That the requirements of main available until September 30, 2000, the provisions of section 123(g) of the For- DEVELOPMENT ASSISTANCE which sum shall be available for the Office of eign Assistance Act of 1961 and the provi- the Inspector General of the Agency for (INCLUDING TRANSFER OF FUNDS) sions on private and voluntary organizations International Development. For necessary expenses to carry out the in title II of the Foreign Assistance and Re- OTHER BILATERAL ECONOMIC ASSISTANCE provisions of sections 103 through 106 and lated Programs Appropriations Act, 1985 (as chapter 10 of part I of the Foreign Assistance enacted in Public Law 98–473) shall be super- ECONOMIC SUPPORT FUND Act of 1961, $1,174,000,000, to remain available seded by the provisions of this section, ex- For necessary expenses to carry out the until September 30, 2000: Provided, That none cept that the authority contained in the last provisions of chapter 4 of part II, of the funds made available in this Act nor sentence of section 123(g) may be exercised $2,326,000,000, to remain available until Sep- any unobligated balances from prior appro- by the Administrator with regard to the re- tember 30, 2000: Provided, That of the funds priations may be made available to any or- quirements of this paragraph. appropriated under this heading, not to ex- ganization or program which, as determined Funds appropriated under title II of this ceed $1,080,000,000 shall be available only for by the President of the United States, sup- Act should be made available to private and Israel, which sum shall be available on a ports or participates in the management of a voluntary organizations at a level which is grant basis as a cash transfer and shall be program of coercive abortion or involuntary at least equivalent to the level provided in disbursed within 30 days of enactment of this sterilization: Provided further, That none of fiscal year 1995. Such private and voluntary Act or by October 31, 1998, whichever is later: the funds made available under this heading organizations shall include those which oper- Provided further, That not to exceed may be used to pay for the performance of ate on a not-for-profit basis, receive con- $775,000,000 shall be available only for Egypt, abortion as a method of family planning or tributions from private sources, receive vol- which sum shall be provided on a grant basis, to motivate or coerce any person to practice untary support from the public and are and of which sum cash transfer assistance H7962 CONGRESSIONAL RECORD — HOUSE September 17, 1998 may be provided, with the understanding have been made available for an Enterprise lized, the amount provided under the pre- that Egypt will undertake significant eco- Fund may be deposited by such Fund in in- vious proviso may be used for other purposes nomic reforms which are additional to those terest-bearing accounts prior to the Fund’s under this heading. which were undertaken in previous fiscal disbursement of such funds for program pur- (f) Funds provided under the previous sub- years: Provided further, That in exercising poses. The Fund may retain for such pro- section shall be made available for humani- the authority to provide cash transfer assist- gram purposes any interest earned on such tarian assistance for refugees, displaced per- ance for Israel, the President shall ensure deposits without returning such interest to sons, and needy civilians affected by the con- that the level of such assistance does not the Treasury of the United States and with- flicts in the Southern Caucasus region, in- cause an adverse impact on the total level of out further appropriation by the Congress. cluding those in Abkhazia and Nagorno- nonmilitary exports from the United States Funds made available for Enterprise Funds Karabakh, notwithstanding any other provi- to such country. shall be expended at the minimum rate nec- sion of this or any other Act. INTERNATIONAL FUND FOR IRELAND essary to make timely payment for projects (g) Section 907 of the FREEDOM Support Act shall not apply to— For necessary expenses to carry out the and activities. (1) activities to support democracy or as- provisions of chapter 4 of part II of the For- ASSISTANCE FOR THE NEW INDEPENDENT sistance under title V of the FREEDOM Sup- eign Assistance Act of 1961, $19,600,000, which STATES OF THE FORMER SOVIET UNION port Act and section 1424 of Public Law 104– shall be available for the United States con- (a) For necessary expenses to carry out the 201; tribution to the International Fund for Ire- provisions of chapter 11 of part I of the For- (2) any assistance provided by the Trade land and shall be made available in accord- eign Assistance Act of 1961 and the FREE- and Development Agency under section 661 ance with the provisions of the Anglo-Irish DOM Support Act, for assistance for the new of the Foreign Assistance Act of 1961 (22 Agreement Support Act of 1986 (Public Law independent states of the former Soviet U.S.C. 2421); and 99–415): Provided, That such amount shall be Union and for related programs, $590,000,000, (3) any activity carried out by a member of expended at the minimum rate necessary to to remain available until September 30, 2000: the United States and Foreign Commercial make timely payment for projects and ac- Provided, That the provisions of such chapter Service while acting within his or her offi- tivities: Provided further, That funds made shall apply to funds appropriated by this cial capacity. available under this heading shall remain paragraph. (h) Funds appropriated under this heading available until September 30, 2000. (b) Funds appropriated under title II of or in prior appropriations Acts that are or this Act, including funds appropriated under ASSISTANCE FOR EASTERN EUROPE AND THE have been made available for an Enterprise this heading, should be made available for BALTIC STATES Fund may be deposited by such Fund in in- assistance for Mongolia at a level which is at (a) For necessary expenses to carry out the terest-bearing accounts prior to the Fund’s least equivalent to the level provided in fis- provisions of the Foreign Assistance Act of disbursement of such funds for program pur- cal year 1998: Provided, That funds made 1961 and the Support for East European De- poses. The Fund may retain for such pro- available for assistance for Mongolia may be mocracy (SEED) Act of 1989, $450,000,000, to gram purposes any interest earned on such made available in accordance with the pur- remain available until September 30, 2000, deposits without returning such interest to poses and utilizing the authorities provided which shall be available, notwithstanding the Treasury of the United States and with- in chapter 11 of part I of the Foreign Assist- any other provision of law, for economic as- out further appropriation by the Congress. ance Act of 1961. sistance and for related programs for East- Funds made available for Enterprise Funds (c)(1) Of the funds appropriated under this ern Europe and the Baltic States. shall be expended at the minimum rate nec- heading that are allocated for assistance for (b) Funds appropriated under this heading essary to make timely payment for projects the Government of Russia, 50 percent shall shall be considered to be economic assist- and activities. ance under the Foreign Assistance Act of be withheld from obligation until the Presi- INDEPENDENT AGENCIES 1961 for purposes of making available the ad- dent determines and certifies in writing to ministrative authorities contained in that the Committees on Appropriations that the INTER-AMERICAN FOUNDATION Act for the use of economic assistance. Government of Russia has terminated imple- For expenses necessary to carry out the (c) None of the funds appropriated under mentation of arrangements to provide Iran functions of the Inter-American Foundation this heading may be made available for new with technical expertise, training, tech- in accordance with the provisions of section housing construction or repair or reconstruc- nology, or equipment necessary to develop a 401 of the Foreign Assistance Act of 1969, and tion of existing housing in Bosnia and nuclear reactor, related nuclear research fa- to make commitments without regard to fis- Herzegovina unless directly related to the ef- cilities or programs, or ballistic missile ca- cal year limitations, as provided by 31 U.S.C. forts of United States troops to promote pability. 9104(b)(3), $20,680,000. peace in said country. (2) Notwithstanding paragraph (1) assist- AFRICAN DEVELOPMENT FOUNDATION ance may be provided for the Government of (d) With regard to funds appropriated For expenses necessary to carry out title V Russia if the President determines and cer- under this heading for the economic revital- of the International Security and Develop- tifies to the Committees on Appropriations ization program in Bosnia and Herzegovina, ment Cooperation Act of 1980, Public Law 96– that making such funds available: (A) is and local currencies generated by such funds 533, and to make commitments without re- vital to the national security interest of the (including the conversion of funds appro- gard to fiscal year limitations (31 U.S.C. United States; and (B) that the Government priated under this heading into currency 9104(b)(3)), $13,160,000: Provided, That funds of Russia is taking meaningful steps to limit used by Bosnia and Herzegovina as local cur- made available to grantees may be invested major supply contracts and to curtail the rency and local currency returned or repaid pending expenditure for project purposes transfer of technology and technological ex- under such program)— when authorized by the President of the pertise related to activities referred to in (1) the Administrator of the Agency for Foundation: Provided further, That interest International Development shall provide paragraph (1). (d) Not more than 25 percent of the funds earned shall be used only for the purposes for written approval for grants and loans prior which the grant was made: Provided further, to the obligation and expenditure of funds appropriated under this heading may be made available for assistance for any coun- That this authority applies to interest for such purposes, and prior to the use of earned both prior to and following enact- funds that have been returned or repaid to try in the region. (e) Of the funds appropriated under this ment of this provision: Provided further, That any lending facility or grantee; and notwithstanding section 505(a)(2) of the Afri- (2) the provisions of section 532 of this Act heading, not less than 33 percent shall be made available for assistance for the South- can Development Foundation Act, in excep- shall apply. tional circumstances the board of directors (e) The President is authorized to withhold ern Caucasus region: Provided, That of the of the Foundation may waive the $250,000 funds appropriated under this heading made funds made available for the Southern limitation contained in that section with re- available for economic revitalization pro- Caucasus region, 40 percent should be used spect to a project: Provided further, That the grams in Bosnia and Herzegovina, if he de- for reconstruction and other activities relat- Foundation shall provide a report to the termines and certifies to the Committees on ing to the peaceful resolution of conflicts Committees on Appropriations after each Appropriations that the Federation of Bos- within the region, especially those in the vi- time such waiver authority is exercised. nia and Herzegovina has not complied with cinity of Abkhazia and Nagorno-Karabakh: article III of annex 1–A of the General Provided further, That funds made available PEACE CORPS Framework Agreement for Peace in Bosnia to parties participating in the Minsk Process For expenses necessary to carry out the and Herzegovina concerning the withdrawal under the first proviso of this subsection provisions of the Peace Corps Act (75 Stat. of foreign forces, and that intelligence co- shall be provided only to those parties which 612), $230,000,000, including the purchase of operation on training, investigations, and re- agree to participate in direct or proximity not to exceed five passenger motor vehicles lated activities between Iranian officials and negotiations without preconditions to re- for administrative purposes for use outside Bosnian officials has not been terminated. solve conflicts in the region: Provided further, of the United States: Provided, That none of (f) Not to exceed $225,000,000 of the funds That if the Secretary of State after May 30, the funds appropriated under this heading appropriated under this heading may be 1999, determines and reports to the relevant shall be used to pay for abortions: Provided made available for Bosnia and Herzegovina. committees of Congress that the full amount further, That funds appropriated under this (g) Funds appropriated under this heading of funds that may be made available under heading shall remain available until Septem- or in prior appropriations Acts that are or the first proviso cannot be effectively uti- ber 30, 2000. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7963

DEPARTMENT OF STATE available for the International Atomic En- funds appropriated under this heading for INTERNATIONAL NARCOTICS CONTROL ergy Agency only if the Secretary of State grant financed military education and train- For necessary expenses to carry out sec- determines (and so reports to the Congress) ing for Indonesia and Guatemala may only tion 481 of the Foreign Assistance Act of that Israel is not being denied its right to be available for expanded international mili- 1961, $275,000,000: Provided, That during fiscal participate in the activities of that Agency: tary education and training and funds made year 1999, the Department of State may also Provided further, That the Secretary of State available for Guatemala may only be pro- use the authority of section 608 of the Act, shall submit to the appropriate congres- vided through the regular notification proce- without regard to its restrictions, to receive sional committees an annual report (to be dures of the Committees on Appropriations: excess property from an agency of the United submitted with the annual presentation for Provided further, That none of the funds ap- States Government for the purpose of provid- appropriations) providing a full and detailed propriated under this heading may be made ing it to a foreign country under chapter 8 of accounting of the fiscal year request for the available to support grant financed military part I of that Act subject to the regular noti- United States contribution to KEDO, the ex- education and training at the School of the Americas unless the Secretary of Defense fication procedures of the Committees on pected operating budget of KEDO, to include certifies that the instruction and training Appropriations. unpaid debt, proposed annual costs associ- ated with heavy fuel oil purchases, and the provided by the School of the Americas is MIGRATION AND REFUGEE ASSISTANCE amount of funds pledged by other donor na- fully consistent with training and doctrine, For expenses, not otherwise provided for, tions and organizations to support KEDO ac- particularly with respect to the observance necessary to enable the Secretary of State to tivities on a per country basis, and other re- of human rights, provided by the Depart- provide, as authorized by law, a contribution lated activities. ment of Defense to United States military to the International Committee of the Red students at Department of Defense institu- DEPARTMENT OF THE TREASURY Cross, assistance to refugees, including con- tions whose primary purpose is to train tributions to the International Organization DEBT RESTRUCTURING United States military personnel: Provided for Migration and the United Nations High For the cost, as defined in section 502 of further, That the Secretary of Defense shall Commissioner for Refugees, and other activi- the Congressional Budget Act of 1974, of submit to the Committees on Appropria- ties to meet refugee and migration needs; modifying direct loans and loan guarantees, tions, no later than January 15, 1999, a report salaries and expenses of personnel and de- as the President may determine, for which detailing the training activities of the pendents as authorized by the Foreign Serv- funds have been appropriated or otherwise School of the Americas and a general assess- ice Act of 1980; allowances as authorized by made available for programs within the ment regarding the performance of its grad- sections 5921 through 5925 of title 5, United International Affairs Budget Function 150, uates during 1997. States Code; purchase and hire of passenger including the cost of selling, reducing, or FOREIGN MILITARY FINANCING PROGRAM motor vehicles; and services as authorized by canceling amounts, through debt buybacks For expenses necessary for grants to en- section 3109 of title 5, United States Code, and swaps, owed to the United States as a re- able the President to carry out the provi- $640,000,000: Provided, That not more than sult of concessional loans made to eligible sions of section 23 of the Arms Export Con- $12,000,000 shall be available for administra- Latin American and Caribbean countries, trol Act, $3,335,910,000: Provided, That of the tive expenses. pursuant to part IV of the Foreign Assist- funds appropriated under this heading, not UNITED STATES EMERGENCY REFUGEE AND ance Act of 1961; of modifying concessional to exceed $1,860,000,000 shall be available for MIGRATION ASSISTANCE FUND credit agreements with least developed coun- grants only for Israel, and not to exceed For necessary expenses to carry out the tries, as authorized under section 411 of the $1,300,000,000 shall be made available for provisions of section 2(c) of the Migration Agricultural Trade Development and Assist- grants only for Egypt: Provided further, That and Refugee Assistance Act of 1962, as ance Act of 1954, as amended, and the funds appropriated by this paragraph for amended (22 U.S.C. 260(c)), $30,000,000, to re- concessional loans, guarantees and credit Israel shall be disbursed within 30 days of en- main available until expended: Provided, agreements with any country in sub-Saharan actment of this Act or by October 31, 1998, That the funds made available under this Africa, as authorized under section 572 of the whichever is later: Provided further, That to heading are appropriated notwithstanding Foreign Operations, Export Financing, and the extent that the Government of Israel re- the provisions contained in section 2(c)(2) of Related Programs Appropriations Act, 1989 quests that funds be used for such purposes, the Migration and Refugee Assistance Act of (Public Law 100–461); and of modifying any grants made available for Israel by this para- 1962 which would limit the amount of funds obligation, or portion of such obligation for graph shall, as agreed by Israel and the which could be appropriated for this purpose. Latin American countries to pay for pur- United States, be available for advanced chases of United States agricultural com- NONPROLIFERATION, ANTI-TERRORISM, weapons systems, of which not less than modities guaranteed by the Commodity DEMINING AND RELATED PROGRAMS $490,000,000 shall be available for the procure- Credit Corporation under export credit guar- ment in Israel of defense articles and defense For necessary expenses for nonprolifera- antee programs authorized pursuant to sec- services, including research and develop- tion, anti-terrorism and related programs tion 5(f ) of the Commodity Credit Corpora- ment: Provided further, That during fiscal and activities, $152,000,000, to carry out the tion Charter Act of June 29, 1948, as amend- year 1999 the President is authorized to, and provisions of chapter 8 of part II of the For- ed, section 4(b) of the Food for Peace Act of shall, direct drawdowns of defense articles eign Assistance Act of 1961 for anti-terrorism 1966, as amended (Public Law 89–808), or sec- from the stocks of the Department of De- assistance, section 504 of the FREEDOM Sup- tion 202 of the Agricultural Trade Act of 1978, fense, defense services of the Department of port Act for the Nonproliferation and Disar- as amended (Public Law 95–501); $36,000,000, Defense, and military education and training mament Fund, section 23 of the Arms Export to remain available until expended: Provided, of an aggregate value of not less than Control Act or the Foreign Assistance Act of That not to exceed $2,900,000 of such funds $25,000,000 under the authority of this proviso 1961 for demining, the clearance of may be used for implementation of improve- for Jordan for the purposes of part II of the unexploded ordnance, and related activities, ments in the foreign credit reporting system Foreign Assistance Act of 1961: Provided fur- notwithstanding any other provision of law, of the United States Government: Provided ther, That section 506(c) of the Foreign As- including activities implemented through further, That the authority provided by sec- sistance Act of 1961 shall apply, and section nongovernmental and international organi- tion 572 of Public Law 100–461 may be exer- 632(d) of the Foreign Assistance Act of 1961 zations, section 301 of the Foreign Assistance cised only with respect to countries that are shall not apply, to any such drawdown: Pro- Act of 1961 for a voluntary contribution to eligible to borrow from the International De- vided further, That none of the funds made the International Atomic Energy Agency velopment Association, but not from the available under this heading shall be avail- (IAEA), and for a United States contribution International Bank for Reconstruction and able for any non-NATO country participat- to the Comprehensive Nuclear Test Ban Development, commonly referred to as ing in the Partnership for Peace Program ex- Treaty Preparatory Commission: Provided, ‘‘IDA-only’’ countries. cept through the regular notification proce- That of this amount not to exceed $15,000,000, TITLE III—MILITARY ASSISTANCE dures of the Committees on Appropriations: to remain available until expended, may be Provided further, That funds appropriated by FUNDS APPROPRIATED TO THE PRESIDENT made available for the Nonproliferation and this paragraph shall be nonrepayable not- Disarmament Fund, notwithstanding any INTERNATIONAL MILITARY EDUCATION AND withstanding any requirement in section 23 other provision of law, to promote bilateral TRAINING of the Arms Export Control Act: Provided and multilateral activities relating to non- For necessary expenses to carry out the further, That funds made available under this proliferation and disarmament: Provided fur- provisions of section 541 of the Foreign As- heading shall be obligated upon apportion- ther, That such funds may also be used for sistance Act of 1961, $50,000,000 of which up to ment in accordance with paragraph (5)(C) of such countries other than the new independ- $1,000,000 may remain available until ex- title 31, United States Code, section 1501(a). ent states of the former Soviet Union and pended: Provided, That the civilian personnel For the cost, as defined in section 502 of international organizations when it is in the for whom military education and training the Congressional Budget Act of 1974, of di- national security interest of the United may be provided under this heading may in- rect loans authorized by section 23 of the States to do so: Provided further, That such clude civilians who are not members of a Arms Export Control Act as follows: cost of funds shall be subject to the regular notifica- government whose participation would con- direct loans, $20,000,000: Provided, That these tion procedures of the Committees on Appro- tribute to improved civil-military relations, funds are available to subsidize gross obliga- priations: Provided further, That funds appro- civilian control of the military, or respect tions for the principal amount of direct loans priated under this heading may be made for human rights: Provided further, That of not to exceed $167,000,000. H7964 CONGRESSIONAL RECORD — HOUSE September 17, 1998 None of the funds made available under cility (GEF), $42,500,000, to remain available ment may subscribe without fiscal year limi- this heading shall be available to finance the until September 30, 2000, which shall be tation to the callable capital portion of the procurement of defense articles, defense available for contributions previously due. United States share of such capital stock in services, or design and construction services CONTRIBUTION TO THE INTERNATIONAL an amount not to exceed $123,237,803. that are not sold by the United States Gov- DEVELOPMENT ASSOCIATION INTERNATIONAL ORGANIZATIONS AND PROGRAMS ernment under the Arms Export Control Act For payment to the International Develop- For necessary expenses to carry out the unless the foreign country proposing to ment Association by the Secretary of the provisions of section 301 of the Foreign As- make such procurements has first signed an Treasury, $800,000,000, to remain available sistance Act of 1961, and of section 2 of the agreement with the United States Govern- until expended. United Nations Environment Program Par- ment specifying the conditions under which CONTRIBUTION TO THE INTER-AMERICAN ticipation Act of 1973, $157,250,000: Provided, such procurements may be financed with DEVELOPMENT BANK That none of the funds appropriated under such funds: Provided, That all country and For payment to the Inter-American Devel- this heading may be made available for the funding level increases in allocations shall opment Bank by the Secretary of the Treas- United Nations Fund for Science and Tech- be submitted through the regular notifica- ury, for the United States share of the paid- nology: Provided further, That none of the tion procedures of section 515 of this Act: in share portion of the increase in capital funds appropriated under this heading may Provided further, That none of the funds ap- stock, $25,610,667, and for the United States be made available for the United Nations propriated under this heading shall be avail- share of the increase in the resources of the Population Fund (UNFPA): Provided further, able for Sudan and Liberia: Provided further, Fund for Special Operations, $21,152,000, to That none of the funds appropriated under That funds made available under this head- remain available until expended, which shall this heading may be made available for the ing may be used, notwithstanding any other be available for contributions previously Korean Peninsula Energy Development Orga- provision of law, for demining, the clearance due. nization (KEDO) or the International Atomic of unexploded ordnance, and related activi- LIMITATION ON CALLABLE CAPITAL Energy Agency (IAEA). ties and may include activities implemented SUBSCRIPTIONS through nongovernmental and international TITLE V—GENERAL PROVISIONS organizations: Provided further, That only The United States Governor of the Inter- OBLIGATIONS DURING LAST MONTH OF those countries for which assistance was jus- American Development Bank may subscribe AVAILABILITY tified for the ‘‘Foreign Military Sales Fi- without fiscal year limitation to the callable capital portion of the United States share of SEC. 501. Except for the appropriations en- nancing Program’’ in the fiscal year 1989 titled ‘‘International Disaster Assistance’’, congressional presentation for security as- such capital stock in an amount not to ex- ceed $1,503,718,910. and ‘‘United States Emergency Refugee and sistance programs may utilize funds made Migration Assistance Fund’’, not more than CONTRIBUTION TO THE ENTERPRISE FOR THE available under this heading for procurement 15 percent of any appropriation item made AMERICAS MULTILATERAL INVESTMENT FUND of defense articles, defense services or design available by this Act shall be obligated dur- and construction services that are not sold For payment to the Enterprise for the ing the last month of availability. by the United States Government under the Americas Multilateral Investment Fund by PROHIBITION OF BILATERAL FUNDING FOR Arms Export Control Act: Provided further, the Secretary of the Treasury, for the United INTERNATIONAL FINANCIAL INSTITUTIONS That, subject to the regular notification pro- States contribution to the Fund to be admin- cedures of the Committees on Appropria- istered by the Inter-American Development SEC. 502. Notwithstanding section 614 of tions, funds made available under this head- Bank, $50,000,000 to remain available until the Foreign Assistance Act of 1961, as ing for the cost of direct loans may also be expended, which shall be available for con- amended, none of the funds contained in title used to supplement the funds available under tributions previously due. II of this Act may be used to carry out the this heading for grants, and funds made CONTRIBUTION TO THE ASIAN DEVELOPMENT provisions of section 209(d) of the Foreign available under this heading for grants may BANK Assistance Act of 1961. also be used to supplement the funds avail- For payment to the Asian Development LIMITATION ON RESIDENCE EXPENSES able under this heading for the cost of direct Bank by the Secretary of the Treasury for SEC. 503. Of the funds appropriated or made loans: Provided further, That funds appro- the United States share of the paid-in por- available pursuant to this Act, not to exceed priated under this heading shall be expended tion of the increase in capital stock, $126,500 shall be for official residence ex- at the minimum rate necessary to make $13,221,596, to remain available until ex- penses of the Agency for International De- timely payment for defense articles and pended. velopment during the current fiscal year: services: Provided further, That not more LIMITATION ON CALLABLE CAPITAL Provided, That appropriate steps shall be than $29,910,000 of the funds appropriated SUBSCRIPTIONS taken to assure that, to the maximum ex- under this heading may be obligated for nec- The United States Governor of the Asian tent possible, United States-owned foreign essary expenses, including the purchase of Development Bank may subscribe without currencies are utilized in lieu of dollars. passenger motor vehicles for replacement fiscal year limitation to the callable capital LIMITATION ON EXPENSES only for use outside of the United States, for portion of the United States share of such SEC. 504. Of the funds appropriated or made the general costs of administering military capital stock in an amount not to exceed available pursuant to this Act, not to exceed assistance and sales: Provided further, That $647,858,204. none of the funds under this heading shall be $5,000 shall be for entertainment expenses of CONTRIBUTION TO THE ASIAN DEVELOPMENT available for Guatemala: Provided further, the Agency for International Development FUND That not more than $340,000,000 of funds real- during the current fiscal year. For the United States contribution by the ized pursuant to section 21(e)(1)(A) of the LIMITATION ON REPRESENTATIONAL Secretary of the Treasury to the increases in Arms Export Control Act may be obligated ALLOWANCES resources of the Asian Development Fund, as for expenses incurred by the Department of authorized by the Asian Development Bank SEC. 505. Of the funds appropriated or made Defense during fiscal year 1999 pursuant to Act, as amended (Public Law 89–369), available pursuant to this Act, not to exceed section 43(b) of the Arms Export Control Act, $210,000,000, to remain available until ex- $95,000 shall be available for representation except that this limitation may be exceeded pended, of which $150,000,000 shall be avail- allowances for the Agency for International only through the regular notification proce- able for contributions previously due. Development during the current fiscal year: dures of the Committees on Appropriations. Provided, That appropriate steps shall be CONTRIBUTION TO THE AFRICAN DEVELOPMENT PEACEKEEPING OPERATIONS taken to assure that, to the maximum ex- FUND tent possible, United States-owned foreign For necessary expenses to carry out the For the United States contribution by the currencies are utilized in lieu of dollars: Pro- provisions of section 551 of the Foreign As- Secretary of the Treasury to the increase in vided further, That of the funds made avail- sistance Act of 1961, $62,250,000: Provided, resources of the African Development Fund, able by this Act for general costs of admin- That none of the funds appropriated under $128,000,000, to remain available until ex- istering military assistance and sales under this heading shall be obligated or expended pended, of which $88,300,000 shall be available the heading ‘‘Foreign Military Financing except as provided through the regular noti- for contributions previously due. fication procedures of the Committees on Program’’, not to exceed $2,000 shall be avail- Appropriations. CONTRIBUTION TO THE EUROPEAN BANK FOR able for entertainment expenses and not to RECONSTRUCTION AND DEVELOPMENT TITLE IV—MULTILATERAL ECONOMIC exceed $50,000 shall be available for represen- For payment to the European Bank for Re- ASSISTANCE tation allowances: Provided further, That of construction and Development by the Sec- the funds made available by this Act under FUNDS APPROPRIATED TO THE PRESIDENT retary of the Treasury, $35,778,717, for the the heading ‘‘International Military Edu- INTERNATIONAL FINANCIAL INSTITUTIONS United States share of the paid-in portion of cation and Training ’’, not to exceed $50,000 CONTRIBUTION TO THE INTERNATIONAL BANK the increase in capital stock, to remain shall be available for entertainment allow- FOR RECONSTRUCTION AND DEVELOPMENT available until expended. ances: Provided further, That of the funds For payment to the International Bank for LIMITATION ON CALLABLE CAPITAL made available by this Act for the Inter- Reconstruction and Development by the Sec- SUBSCRIPTIONS American Foundation, not to exceed $2,000 retary of the Treasury, for the United States The United States Governor of the Euro- shall be available for entertainment and rep- contribution to the Global Environment Fa- pean Bank for Reconstruction and Develop- resentation allowances: Provided further, September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7965 That of the funds made available by this Act Provided, That the authority of this sub- ference, or training in connection with the for the Peace Corps, not to exceed a total of section may not be used in fiscal year 1999. growth or production in a foreign country of $4,000 shall be available for entertainment AVAILABILITY OF FUNDS an agricultural commodity for export which expenses: Provided further, That of the funds would compete with a similar commodity SEC. 511. No part of any appropriation con- grown or produced in the United States: Pro- made available by this Act under the head- tained in this Act shall remain available for vided, That this subsection shall not pro- ing ‘‘Trade and Development Agency’’, not obligation after the expiration of the current hibit— to exceed $2,000 shall be available for rep- fiscal year unless expressly so provided in (1) activities designed to increase food se- resentation and entertainment allowances. this Act: Provided, That funds appropriated curity in developing countries where such PROHIBITION ON FINANCING NUCLEAR GOODS for the purposes of chapters 1, 8, and 11 of activities will not have a significant impact SEC. 506. None of the funds appropriated or part I, section 667, and chapter 4 of part II of in the export of agricultural commodities of made available (other than funds for ‘‘Non- the Foreign Assistance Act of 1961, as the United States; or proliferation, Anti-terrorism, Demining and amended, and funds provided under the head- (2) research activities intended primarily Related Programs’’) pursuant to this Act, for ing ‘‘Assistance for Eastern Europe and the to benefit American producers. carrying out the Foreign Assistance Act of Baltic States’’, shall remain available until 1961, may be used, except for purposes of nu- expended if such funds are initially obligated SURPLUS COMMODITIES clear safety, to finance the export of nuclear before the expiration of their respective peri- SEC. 514. The Secretary of the Treasury equipment, fuel, or technology. ods of availability contained in this Act: Pro- shall instruct the United States Executive Directors of the International Bank for Re- PROHIBITION AGAINST DIRECT FUNDING FOR vided further, That, notwithstanding any construction and Development, the Inter- CERTAIN COUNTRIES other provision of this Act, any funds made available for the purposes of chapter 1 of national Development Association, the SEC. 507. None of the funds appropriated or part I and chapter 4 of part II of the Foreign International Finance Corporation, the otherwise made available pursuant to this Assistance Act of 1961 which are allocated or Inter-American Development Bank, the Act shall be obligated or expended to finance obligated for cash disbursements in order to International Monetary Fund, the Asian De- directly any assistance or reparations to address balance of payments or economic velopment Bank, the Inter-American Invest- Cuba, Iraq, Libya, North Korea, Iran, Sudan, policy reform objectives, shall remain avail- ment Corporation, the North American De- or Syria: Provided, That for purposes of this able until expended: Provided further, That velopment Bank, the European Bank for Re- section, the prohibition on obligations or ex- the report required by section 653(a) of the construction and Development, the African penditures shall include direct loans, credits, Foreign Assistance Act of 1961 shall des- Development Bank, and the African Develop- insurance and guarantees of the Export-Im- ignate for each country, to the extent known ment Fund to use the voice and vote of the port Bank or its agents. at the time of submission of such report, United States to oppose any assistance by MILITARY COUPS those funds allocated for cash disbursement these institutions, using funds appropriated SEC. 508. None of the funds appropriated or for balance of payment and economic policy or made available pursuant to this Act, for otherwise made available pursuant to this reform purposes. the production or extraction of any commod- Act shall be obligated or expended to finance ity or mineral for export, if it is in surplus LIMITATION ON ASSISTANCE TO COUNTRIES IN on world markets and if the assistance will directly any assistance to any country whose DEFAULT duly elected head of government is deposed cause substantial injury to United States SEC. 512. No part of any appropriation con- by military coup or decree: Provided, That producers of the same, similar, or competing tained in this Act shall be used to furnish as- assistance may be resumed to such country commodity. sistance to any country which is in default if the President determines and reports to NOTIFICATION REQUIREMENTS during a period in excess of one calendar the Committees on Appropriations that sub- SEC. 515. (a) For the purposes of providing year in payment to the United States of sequent to the termination of assistance a the executive branch with the necessary ad- principal or interest on any loan made to democratically elected government has ministrative flexibility, none of the funds such country by the United States pursuant taken office. made available under this Act for ‘‘Child to a program for which funds are appro- TRANSFERS BETWEEN ACCOUNTS Survival and Disease Programs Fund’’, ‘‘De- priated under this Act: Provided, That this velopment assistance’’, ‘‘International Orga- SEC. 509. None of the funds made available section and section 620(q) of the Foreign As- nizations and Programs’’, ‘‘Trade and Devel- by this Act may be obligated under an appro- sistance Act of 1961 shall not apply to funds opment Agency’’, ‘‘International narcotics priation account to which they were not ap- made available in this Act or during the cur- control’’, ‘‘Assistance for Eastern Europe propriated, except for transfers specifically rent fiscal year for Nicaragua, Brazil, the and the Baltic States’’, ‘‘Assistance for the provided for in this Act, unless the Presi- Democratic Republic of Congo, and Liberia, New Independent States of the Former So- dent, prior to the exercise of any authority and for any narcotics-related assistance for viet Union’’, ‘‘Economic Support Fund’’, contained in the Foreign Assistance Act of Colombia, Bolivia, and Peru authorized by ‘‘Peacekeeping operations’’, ‘‘Operating ex- 1961 to transfer funds, consults with and pro- the Foreign Assistance Act of 1961 or the penses of the Agency for International De- vides a written policy justification to the Arms Export Control Act. velopment’’, ‘‘Operating expenses of the Committees on Appropriations of the House COMMERCE AND TRADE Agency for International Development Office of Representatives and the Senate: Provided, SEC. 513. (a) None of the funds appropriated of Inspector General’’, ‘‘Nonproliferation, That the exercise of such authority shall be or made available pursuant to this Act for anti-terrorism, demining and related pro- subject to the regular notification proce- direct assistance and none of the funds oth- grams’’, ‘‘Foreign Military Financing Pro- dures of the Committees on Appropriations. erwise made available pursuant to this Act gram’’, ‘‘International military education DEOBLIGATION/REOBLIGATION AUTHORITY to the Export-Import Bank and the Overseas and training ’’, ‘‘Peace Corps’’, ‘‘Migration SEC. 510. (a) Amounts certified pursuant to Private Investment Corporation shall be ob- and refugee assistance’’, shall be available section 1311 of the Supplemental Appropria- ligated or expended to finance any loan, any for obligation for activities, programs, tions Act, 1955, as having been obligated assistance or any other financial commit- projects, type of materiel assistance, coun- against appropriations heretofore made ments for establishing or expanding produc- tries, or other operations not justified or in under the authority of the Foreign Assist- tion of any commodity for export by any excess of the amount justified to the Appro- ance Act of 1961 for the same general purpose country other than the United States, if the priations Committees for obligation under as any of the headings under title II of this commodity is likely to be in surplus on any of these specific headings unless the Ap- Act are, if deobligated, hereby continued world markets at the time the resulting pro- propriations Committees of both Houses of available for the same period as the respec- ductive capacity is expected to become oper- Congress are previously notified 15 days in tive appropriations under such headings or ative and if the assistance will cause sub- advance: Provided, That the President shall until September 30, 1999, whichever is later, stantial injury to United States producers of not enter into any commitment of funds ap- and for the same general purpose, and for the same, similar, or competing commodity: propriated for the purposes of section 23 of countries within the same region as origi- Provided, That such prohibition shall not the Arms Export Control Act for the provi- nally obligated: Provided, That the Appro- apply to the Export-Import Bank if in the sion of major defense equipment, other than priations Committees of both Houses of the judgment of its Board of Directors the bene- conventional ammunition, or other major Congress are notified 15 days in advance of fits to industry and employment in the defense items defined to be aircraft, ships, the reobligation of such funds in accordance United States are likely to outweigh the in- missiles, or combat vehicles, not previously with regular notification procedures of the jury to United States producers of the same, justified to Congress or 20 percent in excess Committees on Appropriations. similar, or competing commodity, and the of the quantities justified to Congress unless (b) Obligated balances of funds appro- Chairman of the Board so notifies the Com- the Committees on Appropriations are noti- priated to carry out section 23 of the Arms mittees on Appropriations. fied 15 days in advance of such commitment: Export Control Act as of the end of the fiscal (b) None of the funds appropriated by this Provided further, That this section shall not year immediately preceding the current fis- or any other Act to carry out chapter 1 of apply to any reprogramming for an activity, cal year are, if deobligated, hereby continued part I of the Foreign Assistance Act of 1961 program, or project under chapter 1 of part I available during the current fiscal year for shall be available for any testing or breeding of the Foreign Assistance Act of 1961 of less the same purpose under any authority appli- feasibility study, variety improvement or in- than 10 percent of the amount previously cable to such appropriations under this Act: troduction, consultancy, publication, con- justified to the Congress for obligation for H7966 CONGRESSIONAL RECORD — HOUSE September 17, 1998 such activity, program, or project for the able without regard to the restriction in this appropriated for population planning activi- current fiscal year: Provided further, That the subsection if the President determines that ties or other population assistance may be requirements of this section or any similar to do so is in the national security interest made available for any foreign private, non- provision of this Act or any other Act, in- of the United States: Provided further, That governmental, or multilateral organization cluding any prior Act requiring notification the restriction of this subsection shall not until the organization certifies that it will in accordance with the regular notification apply to the use of such funds for the provi- not, during the period for which the funds procedures of the Committees on Appropria- sion of assistance for purposes of humani- are made available, perform abortions in any tions, may be waived if failure to do so would tarian and refugee relief. foreign country, except where the life of the pose a substantial risk to human health or (c) None of the funds appropriated under mother would be endangered if the preg- welfare: Provided further, That in case of any the heading ‘‘Assistance for the New Inde- nancy were carried to term or in cases of such waiver, notification to the Congress, or pendent States of the Former Soviet Union’’ forcible rape or incest. the appropriate congressional committees, shall be made available for any state to en- ‘‘(B) Subparagraph (A) may not be con- shall be provided as early as practicable, but hance its military capability: Provided, That strued to apply to the treatment of injuries in no event later than three days after tak- this restriction shall not apply to demili- or illnesses caused by legal or illegal abor- ing the action to which such notification re- tarization, demining, or nonproliferation tions or to assistance provided directly to quirement was applicable, in the context of programs. the government of a country. the circumstances necessitating such waiver: (d) Funds appropriated under the heading ‘‘(2) LOBBYING ACTIVITIES.— Provided further, That any notification pro- ‘‘Assistance for the New Independent States ‘‘(A) Notwithstanding section 614 of this vided pursuant to such a waiver shall con- of the Former Soviet Union’’ shall be subject Act or any other provision of law, no funds tain an explanation of the emergency cir- to the regular notification procedures of the appropriated for population planning activi- cumstances. Committees on Appropriations. ties or other population assistance may be (e) Funds made available in this Act for as- (b) Drawdowns made pursuant to section made available for any foreign private, non- sistance to the new independent states of the 506(a)(2) of the Foreign Assistance Act of 1961 governmental, or multilateral organization former Soviet Union shall be subject to the shall be subject to the regular notification until the organization certifies that it will provisions of section 117 (relating to environ- not, during the period for which the funds procedures of the Committees on Appropria- ment and natural resources) of the Foreign tions. are made available, violate the laws of any Assistance Act of 1961. foreign country concerning the cir- LIMITATION ON AVAILABILITY OF FUNDS FOR (f) In issuing new task orders, entering cumstances under which abortion is per- INTERNATIONAL ORGANIZATIONS AND PROGRAMS into contracts, or making grants, with funds mitted, regulated, or prohibited, or engage in appropriated under the heading ‘‘Assistance SEC. 516. Notwithstanding any other provi- any activity or effort to alter the laws or for the New Independent States of the sion of law or of this Act, none of the funds governmental policies of any foreign country Former Soviet Union’’ in this Act or in prior provided for ‘‘International Organizations concerning the circumstances under which appropriations Acts, for projects or activi- and Programs’’ shall be available for the abortion is permitted, regulated, or prohib- ties that have as one of their primary pur- United States proportionate share, in ac- ited. poses the fostering of private sector develop- cordance with section 307(c) of the Foreign ‘‘(B) Subparagraph (A) shall not apply to ment, the Coordinator for United States As- Assistance Act of 1961, for any programs activities in opposition to coercive abortion identified in section 307, or for Libya, Iran, sistance to the New Independent States and the implementing agency shall encourage or involuntary sterilization. or, at the discretion of the President, Com- ‘‘(3) APPLICATION TO FOREIGN ORGANIZA- munist countries listed in section 620(f ) of the participation of and give significant weight to contractors and grantees who pro- TIONS.—The prohibitions of this subsection the Foreign Assistance Act of 1961, as apply to funds made available to a foreign amended: Provided, That, subject to the regu- pose investing a significant amount of their own resources (including volunteer services organization either directly or as a sub- lar notification procedures of the Commit- contractor or subgrantee, and the certifi- tees on Appropriations, funds appropriated and in-kind contributions) in such projects and activities. cations required by paragraphs (1) and (2) under this Act or any previously enacted Act apply to activities in which the organization PROHIBITION ON FUNDING FOR ABORTIONS AND making appropriations for foreign oper- engages either directly or through a sub- INVOLUNTARY STERILIZATION ations, export financing, and related pro- contractor or subgrantee. EC grams, which are returned or not made avail- S . 518. None of the funds made available ‘‘(4) DEFINITION.—As used in this section, able for organizations and programs because to carry out part I of the Foreign Assistance the term ‘activity or effort to alter the laws of the implementation of this section or any Act of 1961, as amended, may be used to pay or governmental policies of any foreign similar provision of law, shall remain avail- for the performance of abortions as a method country concerning the circumstances under able for obligation through September 30, of family planning or to motivate or coerce which abortion is permitted, regulated, or 2000. any person to practice abortions. None of the prohibited’ includes not only overt lobbying funds made available to carry out part I of NEW INDEPENDENT STATES OF THE FORMER for such changes, but also such other activi- the Foreign Assistance Act of 1961, as SOVIET UNION ties as sponsoring, rather than merely at- amended, may be used to pay for the per- tending, conferences and workshops on the SEC. 517. (a) ECONOMIC REFORMS.—None of formance of involuntary sterilization as a alleged defects in the abortion laws, as well the funds appropriated under the heading method of family planning or to coerce or the drafting and distribution of materials or ‘‘Assistance for the New Independent States provide any financial incentive to any person public statements calling attention to such of the Former Soviet Union’’ shall be made to undergo sterilizations. None of the funds alleged defects.’’. available for assistance for the Government made available to carry out part I of the of Russia— (b) Section 301 of the Foreign Assistance Foreign Assistance Act of 1961, as amended, Act of 1961 is amended by adding at the end (1) unless that Government is making may be used to pay for any biomedical re- progress in implementing comprehensive the following new subsection: search which relates in whole or in part, to ‘‘(i) LIMITATION RELATING TO FORCED ABOR- economic reforms based on market prin- methods of, or the performance of, abortions TIONS IN THE PEOPLE’S REPUBLIC OF CHINA.— ciples, private ownership, negotiating repay- or involuntary sterilization as a means of Notwithstanding section 614 of this Act or ment of commercial debt, respect for com- family planning. None of the funds made any other provision of law, no funds may be mercial contracts, and equitable treatment available to carry out part I of the Foreign made available for the United Nations Popu- of foreign private investment; Assistance Act of 1961, as amended, may be lation Fund (UNFPA) in any fiscal year un- (2) if that Government applies or transfers obligated or expended for any country or or- less the President certifies that— United States assistance to any entity for ganization if the President certifies that the ‘‘(1) UNFPA has terminated all activities the purpose of expropriating or seizing own- use of these funds by any such country or or- in the People’s Republic of China, and the ership or control of assets, investments, or ganization would violate any of the above United States has received assurances that venture. provisions related to abortions and involun- UNFPA will conduct no such activities dur- Assistance may be furnished without regard tary sterilizations: Provided, That none of ing the fiscal year for which the funds are to to this subsection if the President deter- the funds made available under this Act may be made available; or mines that to do so is in the national inter- be used to lobby for or against abortion. ‘‘(2) during the 12 months preceding such est. FOREIGN ORGANIZATIONS THAT PERFORM OR certification there have been no abortions as (b) None of the funds appropriated under PROMOTE ABORTION OVERSEAS; FORCED ABOR- the result of coercion associated with the the heading ‘‘Assistance for the New Inde- TION IN THE PEOPLE’S REPUBLIC OF CHINA family planning policies of the national gov- pendent States of the Former Soviet Union’’ SEC. 518A. (a) Section 104 of the Foreign ernment or other governmental entities shall be made available to any government Assistance Act of 1961 is amended by adding within the People’s Republic of China. As of the new independent states of the former at the end the following new subsection: used in this section, the term ‘coercion’ in- Soviet Union if that government directs any ‘‘(h) RESTRICTIONS ON ASSISTANCE TO FOR- cludes physical duress or abuse, destruction action in violation of the territorial integ- EIGN ORGANIZATIONS THAT PERFORM OR AC- or confiscation of property, loss of means of rity or national sovereignty of any other TIVELY PROMOTE ABORTIONS.— livelihood, or severe psychological pres- new independent state, such as those viola- ‘‘(1) PERFORMANCE OF ABORTIONS.— sure.’’. tions included in the Helsinki Final Act: Pro- ‘‘(A) Notwithstanding section 614 of this (c) The President may waive the provisions vided, That such funds may be made avail- Act or any other provision of law, no funds of section 104(h)(1) of the Foreign Assistance September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7967

Act of 1961, as amended, pertaining to popu- PROHIBITION AGAINST INDIRECT FUNDING TO STINGERS IN THE PERSIAN GULF REGION lation assistance to foreign organizations CERTAIN COUNTRIES SEC. 530. Except as provided in section 581 that perform abortions in foreign countries, SEC. 523. None of the funds appropriated or of the Foreign Operations, Export Financing, for any fiscal year: Provided, That if the otherwise made available pursuant to this and Related Programs Appropriations Act, President exercises the waiver provided by Act shall be obligated to finance indirectly 1990, the United States may not sell or other- this subsection for any fiscal year, not to ex- any assistance or reparations to Cuba, Iraq, wise make available any Stingers to any ceed $356,000,000 may be made available for Libya, Iran, Syria, North Korea, or the Peo- country bordering the Persian Gulf under population planning activities or other popu- ple’s Republic of China, unless the President the Arms Export Control Act or chapter 2 of lation assistance for such fiscal year: Pro- of the United States certifies that the with- part II of the Foreign Assistance Act of 1961. vided further, That the limitation in the pre- holding of these funds is contrary to the na- DEBT-FOR-DEVELOPMENT vious proviso includes all funds for programs tional interest of the United States. and activities designed to control fertility or SEC. 531. In order to enhance the continued to reduce or delay childbirths or preg- RECIPROCAL LEASING participation of nongovernmental organiza- nancies, irrespective of the heading under SEC. 524. Section 61(a) of the Arms Export tions in economic assistance activities under which such funds are made available. Control Act is amended by striking out the Foreign Assistance Act of 1961, including EXCESS DEFENSE ARTICLES FOR CENTRAL ‘‘1998’’ and inserting in lieu thereof ‘‘1999’’. endowments, debt-for-development and debt- EUROPEAN COUNTRIES NOTIFICATION ON EXCESS DEFENSE EQUIPMENT for-nature exchanges, a nongovernmental or- ganization which is a grantee or contractor SEC. 519. Section 105 of Public Law 104–164 SEC. 525. Prior to providing excess Depart- of the Agency for International Development (110 Stat 1427) is amended by striking ‘‘1996 ment of Defense articles in accordance with may place in interest bearing accounts funds and 1997’’ and inserting ‘‘1999 and 2000’’. section 516(a) of the Foreign Assistance Act made available under this Act or prior Acts SPECIAL NOTIFICATION REQUIREMENTS of 1961, the Department of Defense shall no- or local currencies which accrue to that or- tify the Committees on Appropriations to SEC. 520. None of the funds appropriated by ganization as a result of economic assistance the same extent and under the same condi- this Act shall be obligated or expended for provided under title II of this Act and any tions as are other committees pursuant to Colombia, Honduras, Haiti, Liberia, Paki- interest earned on such investment shall be subsection (c) of that section: Provided, That stan, Panama, Peru, Serbia, Sudan, or the used for the purpose for which the assistance before issuing a letter of offer to sell excess Democratic Republic of Congo except as pro- was provided to that organization. vided through the regular notification proce- defense articles under the Arms Export Con- dures of the Committees on Appropriations. trol Act, the Department of Defense shall no- SEPARATE ACCOUNTS DEFINITION OF PROGRAM, PROJECT, AND tify the Committees on Appropriations in ac- SEC. 532. (a) SEPARATE ACCOUNTS FOR ACTIVITY cordance with the regular notification proce- LOCAL CURRENCIES.—(1) If assistance is fur- dures of such Committees: Provided further, nished to the government of a foreign coun- SEC. 521. For the purpose of this Act, ‘‘pro- gram, project, and activity’’ shall be defined That such Committees shall also be informed try under chapter 1 and 10 of part I or chap- at the appropriations Act account level and of the original acquisition cost of such de- ter 4 of part II of the Foreign Assistance Act shall include all appropriations and author- fense articles. of 1961 under agreements which result in the izations Acts earmarks, ceilings, and limita- AUTHORIZATION REQUIREMENT generation of local currencies of that coun- try, the Administrator of the Agency for tions with the exception that for the follow- SEC. 526. Funds appropriated by this Act International Development shall— ing accounts: Economic Support Fund and may be obligated and expended notwith- (A) require that local currencies be depos- Foreign Military Financing Program, ‘‘pro- standing section 10 of Public Law 91–672 and ited in a separate account established by gram, project, and activity’’ shall also be section 15 of the State Department Basic Au- that government; considered to include country, regional, and thorities Act of 1956. central program level funding within each (B) enter into an agreement with that gov- such account; for the development assistance DEMOCRACY IN CHINA ernment which sets forth— accounts of the Agency for International De- SEC. 527. Notwithstanding any other provi- (i) the amount of the local currencies to be velopment ‘‘program, project, and activity’’ sion of law that restricts assistance to for- generated; and shall also be considered to include central eign countries, funds appropriated by this (ii) the terms and conditions under which program level funding, either as: (1) justified Act for ‘‘Economic Support Fund’’ may be the currencies so deposited may be utilized, to the Congress; or (2) allocated by the exec- made available to provide general support consistent with this section; and utive branch in accordance with a report, to for nongovernmental organizations located (C) establish by agreement with that gov- be provided to the Committees on Appropria- outside the People’s Republic of China that ernment the responsibilities of the Agency tions within 30 days of enactment of this have as their primary purpose fostering de- for International Development and that gov- Act, as required by section 653(a) of the For- mocracy in that country, and for activities ernment to monitor and account for deposits eign Assistance Act of 1961. of nongovernmental organizations located into and disbursements from the separate ac- CHILD SURVIVAL, AIDS, AND OTHER ACTIVITIES outside the People’s Republic of China to fos- count. ter democracy in that country: Provided, (2) USES OF LOCAL CURRENCIES.—As may be SEC. 522. Up to $10,000,000 of the funds made available by this Act for assistance for fam- That none of the funds made available for ac- agreed upon with the foreign government, ily planning, health, child survival, basic tivities to foster democracy in the People’s local currencies deposited in a separate ac- education, and AIDS, may be used to reim- Republic of China may be made available for count pursuant to subsection (a), or an burse United States Government agencies, assistance to the government of that coun- equivalent amount of local currencies, shall agencies of State governments, institutions try. be used only— of higher learning, and private and voluntary COMMERCIAL LEASING OF DEFENSE ARTICLES (A) to carry out chapter 1 or 10 of part I or chapter 4 of part II (as the case may be), for organizations for the full cost of individuals SEC. 528. Notwithstanding any other provi- such purposes as— (including for the personal services of such sion of law, and subject to the regular notifi- (i) project and sector assistance activities; individuals) detailed or assigned to, or con- cation procedures of the Committees on Ap- or tracted by, as the case may be, the Agency propriations, the authority of section 23(a) of (ii) debt and deficit financing; or for International Development for the pur- the Arms Export Control Act may be used to (B) for the administrative requirements of pose of carrying out family planning activi- provide financing to Israel, Egypt and NATO the United States Government. ties, child survival, and basic education ac- and major non-NATO allies for the procure- (3) PROGRAMMING ACCOUNTABILITY.—The tivities, and activities relating to research ment by leasing (including leasing with an Agency for International Development shall on, and the treatment and control of ac- option to purchase) of defense articles from take all necessary steps to ensure that the quired immune deficiency syndrome in de- United States commercial suppliers, not in- equivalent of the local currencies disbursed veloping countries: Provided, That funds ap- cluding Major Defense Equipment (other pursuant to subsection (a)(2)(A) from the propriated by this Act that are made avail- than helicopters and other types of aircraft separate account established pursuant to able for child survival and disease programs having possible civilian application), if the subsection (a)(1) are used for the purposes activities may be made available notwith- President determines that there are compel- agreed upon pursuant to subsection (a)(2). standing any provision of law that restricts ling foreign policy or national security rea- (4) TERMINATION OF ASSISTANCE PRO- assistance to foreign countries: Provided fur- sons for those defense articles being provided GRAMS.—Upon termination of assistance to a ther, That funds appropriated under title II by commercial lease rather than by govern- country under chapter 1 or 10 of part I or of this Act may be made available pursuant ment-to-government sale under such Act. to section 301 of the Foreign Assistance Act chapter 4 of part II (as the case may be), any of 1961 if a primary purpose of the assistance COMPETITIVE INSURANCE unencumbered balances of funds which re- is for child survival and related programs: SEC. 529. All Agency for International De- main in a separate account established pur- Provided further, That funds appropriated by velopment contracts and solicitations, and suant to subsection (a) shall be disposed of this Act that are made available for family subcontracts entered into under such con- for such purposes as may be agreed to by the planning activities may be made available tracts, shall include a clause requiring that government of that country and the United notwithstanding section 512 of this Act and United States insurance companies have a States Government. section 620(q) of the Foreign Assistance Act fair opportunity to bid for insurance when (5) CONFORMING AMENDMENTS.—The provi- of 1961. such insurance is necessary or appropriate. sions of this subsection shall supersede the H7968 CONGRESSIONAL RECORD — HOUSE September 17, 1998

tenth and eleventh provisos contained under COMPLIANCE WITH UNITED NATIONS SANCTIONS SPECIAL AUTHORITIES the heading ‘‘Sub-Saharan Africa, Develop- AGAINST IRAQ SEC. 538. (a) Funds appropriated in titles I ment Assistance’’ as included in the Foreign SEC. 534. None of the funds appropriated or and II of this Act that are made available for Operations, Export Financing, and Related otherwise made available pursuant to this Afghanistan, Lebanon, Montenegro, and for Programs Appropriations Act, 1989 and sec- Act to carry out the Foreign Assistance Act victims of war, displaced children, displaced tions 531(d) and 609 of the Foreign Assistance of 1961 (including title IV of chapter 2 of part Burmese, humanitarian assistance for Roma- Act of 1961. I, relating to the Overseas Private Invest- nia, and humanitarian assistance for the (6) REPORTING REQUIREMENT.—The Admin- ment Corporation) or the Arms Export Con- peoples of Bosnia and Herzegovina, Croatia, istrator of the Agency for International De- trol Act may be used to provide assistance to and Kosova, may be made available notwith- velopment shall report on an annual basis as any country that is not in compliance with standing any other provision of law. part of the justification documents submit- the United Nations Security Council sanc- (b) Funds appropriated by this Act to carry ted to the Committees on Appropriations on tions against Iraq unless the President deter- out the provisions of sections 103 through 106 the use of local currencies for the adminis- mines and so certifies to the Congress that— of the Foreign Assistance Act of 1961 may be trative requirements of the United States (1) such assistance is in the national inter- used, notwithstanding any other provision of Government as authorized in subsection est of the United States; law, for the purpose of supporting biodiver- (a)(2)(B), and such report shall include the (2) such assistance will directly benefit the sity conservation activities: Provided, That amount of local currency (and United States needy people in that country; or such assistance shall be subject to sections dollar equivalent) used and/or to be used for (3) the assistance to be provided will be hu- such purpose in each applicable country. 116, 502B, and 620A of the Foreign Assistance manitarian assistance for foreign nationals Act of 1961. (b) SEPARATE ACCOUNTS FOR CASH TRANS- who have fled Iraq and Kuwait. FERS.—(1) If assistance is made available to (c) The Agency for International Develop- COMPETITIVE PRICING FOR SALES OF DEFENSE the government of a foreign country, under ment may employ personal services contrac- ARTICLES chapter 1 or 10 of part I or chapter 4 of part tors, notwithstanding any other provision of II of the Foreign Assistance Act of 1961, as SEC. 535. Direct costs associated with law, for the purpose of administering pro- cash transfer assistance or as nonproject sec- meeting a foreign customer’s additional or grams for the West Bank and Gaza. tor assistance, that country shall be required unique requirements will continue to be al- (d)(1) WAIVER.—The President may waive to maintain such funds in a separate account lowable under contracts under section 22(d) the provisions of section 1003 of Public Law and not commingle them with any other of the Arms Export Control Act. Loadings 100–204 if the President determines and cer- funds. applicable to such direct costs shall be per- tifies in writing to the Speaker of the House (2) APPLICABILITY OF OTHER PROVISIONS OF mitted at the same rates applicable to pro- of Representatives and the President pro LAW.—Such funds may be obligated and ex- curement of like items purchased by the De- tempore of the Senate that it is important to pended notwithstanding provisions of law partment of Defense for its own use. the national security interests of the United which are inconsistent with the nature of AUTHORITIES FOR THE PEACE CORPS, THE States. this assistance including provisions which INTER-AMERICAN FOUNDATION AND THE AFRI- (2) PERIOD OF APPLICATION OF WAIVER.— are referenced in the Joint Explanatory CAN DEVELOPMENT FOUNDATION Any waiver pursuant to paragraph (1) shall Statement of the Committee of Conference SEC. 536. Unless expressly provided to the be effective for no more than a period of six accompanying House Joint Resolution 648 contrary, provisions of this or any other Act, months at a time and shall not apply beyond (H. Report No. 98–1159). including provisions contained in prior Acts twelve months after enactment of this Act. (3) NOTIFICATION.—At least 15 days prior to authorizing or making appropriations for POLICY ON TERMINATING THE ARAB LEAGUE obligating any such cash transfer or non- foreign operations, export financing, and re- BOYCOTT OF ISRAEL project sector assistance, the President shall lated programs, shall not be construed to submit a notification through the regular prohibit activities authorized by or con- SEC. 539. It is the sense of the Congress notification procedures of the Committees ducted under the Peace Corps Act, the Inter- that— on Appropriations, which shall include a de- American Foundation Act, or the African (1) the Arab League countries should im- tailed description of how the funds proposed Development Foundation Act. The appro- mediately and publicly renounce the pri- to be made available will be used, with a dis- priate agency shall promptly report to the mary boycott of Israel and the secondary cussion of the United States interests that Committees on Appropriations whenever it and tertiary boycott of American firms that will be served by the assistance (including, is conducting activities or is proposing to have commercial ties with Israel; as appropriate, a description of the economic conduct activities in a country for which as- (2) the decision by the Arab League in 1997 policy reforms that will be promoted by such sistance is prohibited. to reinstate the boycott against Israel was deeply troubling and disappointing; assistance). IMPACT ON JOBS IN THE UNITED STATES (3) the Arab League should immediately (4) EXEMPTION.—Nonproject sector assist- SEC. 537. None of the funds appropriated by rescind its decision on the boycott and its ance funds may be exempt from the require- this Act may be obligated or expended to members should develop normal relations ments of subsection (b)(1) only through the provide— with their neighbor Israel; and notification procedures of the Committees (1) any financial incentive to a business en- (4) the President should— on Appropriations. terprise currently located in the United (A) take more concrete steps to encourage COMPENSATION FOR UNITED STATES EXECUTIVE States for the purpose of inducing such an vigorously Arab League countries to re- DIRECTORS TO INTERNATIONAL FINANCIAL IN- enterprise to relocate outside the United nounce publicly the primary boycotts of STITUTIONS States if such incentive or inducement is Israel and the secondary and tertiary boy- likely to reduce the number of employees of SEC. 533. (a) No funds appropriated by this cotts of American firms that have commer- such business enterprise in the United States Act may be made as payment to any inter- cial relations with Israel as a confidence- because United States production is being re- national financial institution while the building measure; placed by such enterprise outside the United United States Executive Director to such in- (B) take into consideration the participa- States; stitution is compensated by the institution tion of any recipient country in the primary (2) assistance for the purpose of establish- at a rate which, together with whatever boycott of Israel and the secondary and ter- ing or developing in a foreign country any compensation such Director receives from tiary boycotts of American firms that have export processing zone or designated area in the United States, is in excess of the rate commercial relations with Israel when deter- which the tax, tariff, labor, environment, provided for an individual occupying a posi- mining whether to sell weapons to said coun- and safety laws of that country do not apply, tion at level IV of the Executive Schedule try; in part or in whole, to activities carried out under section 5315 of title 5, United States (C) report to Congress on the specific steps within that zone or area, unless the Presi- Code, or while any alternate United States being taken by the President to bring about dent determines and certifies that such as- Director to such institution is compensated a public renunciation of the Arab primary sistance is not likely to cause a loss of jobs by the institution at a rate in excess of the boycott of Israel and the secondary and ter- within the United States; or rate provided for an individual occupying a tiary boycotts of American firms that have (3) assistance for any project or activity position at level V of the Executive Schedule commercial relations with Israel and to ex- that contributes to the violation of inter- under section 5316 of title 5, United States pand the process of normalizing ties between nationally recognized workers rights, as de- Code. Arab League countries and Israel; and (b) For purposes of this section, ‘‘inter- fined in section 502(a)(4) of the Trade Act of (D) encourage the allies and trading part- national financial institutions’’ are: the 1974, of workers in the recipient country, in- ners of the United States to enact laws pro- International Bank for Reconstruction and cluding any designated zone or area in that hibiting businesses from complying with the Development, the Inter-American Develop- country: Provided, That in recognition that boycott and penalizing businesses that do ment Bank, the Asian Development Bank, the application of this subsection should be comply. the Asian Development Fund, the African commensurate with the level of development Development Bank, the African Develop- of the recipient country and sector, the pro- ANTI-NARCOTICS ACTIVITIES ment Fund, the International Monetary visions of this subsection shall not preclude SEC. 540. (a) Of the funds appropriated by Fund, the North American Development assistance for the informal sector in such this Act for ‘‘Economic Support Fund’’, as- Bank, and the European Bank for Recon- country, micro and small-scale enterprise, sistance may be provided to strengthen the struction and Development. and smallholder agriculture. administration of justice in countries in September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7969

Latin America and the Caribbean and in to a base rights or base access country which PRIVATE VOLUNTARY ORGANIZATIONS– other regions consistent with the provisions has significantly reduced its military or eco- DOCUMENTATION of section 534(b) of the Foreign Assistance nomic cooperation with the United States, SEC. 548. None of the funds appropriated or Act of 1961, except that programs to enhance the President shall consult with, and shall made available pursuant to this Act shall be protection of participants in judicial cases provide a written policy justification to the available to a private voluntary organization may be conducted notwithstanding section Committees on Appropriations: Provided, which fails to provide upon timely request 660 of that Act. That any such reprogramming shall be sub- any document, file, or record necessary to (b) Funds made available pursuant to this ject to the regular notification procedures of the auditing requirements of the Agency for section may be made available notwith- the Committees on Appropriations: Provided International Development. standing section 534(c) and the second and further, That assistance that is repro- PROHIBITION ON ASSISTANCE TO FOREIGN GOV- third sentences of section 534(e) of the For- grammed pursuant to this subsection shall ERNMENTS THAT EXPORT LETHAL MILITARY eign Assistance Act of 1961. be made available under the same terms and EQUIPMENT TO COUNTRIES SUPPORTING ELIGIBILITY FOR ASSISTANCE conditions as originally provided. INTERNATIONAL TERRORISM SEC. 541. (a) ASSISTANCE THROUGH NON- (b) In addition to the authority contained SEC. 549. (a) None of the funds appropriated GOVERNMENTAL ORGANIZATIONS.—Restric- in subsection (a), the original period of avail- or otherwise made available by this Act may tions contained in this or any other Act with ability of funds appropriated by this Act and be available to any foreign government respect to assistance for a country shall not administered by the Agency for Inter- which provides lethal military equipment to be construed to restrict assistance in support national Development that are earmarked a country the government of which the Sec- of programs of nongovernmental organiza- for particular programs or activities by this retary of State has determined is a terrorist tions from funds appropriated by this Act to or any other Act shall be extended for an ad- government for purposes of section 40(d) of carry out the provisions of chapters 1, 10, and ditional fiscal year if the Administrator of the Arms Export Control Act or any other 11 of part I, and chapter 4 of part II, of the such agency determines and reports prompt- comparable provision of law. The prohibition Foreign Assistance Act of 1961: Provided, ly to the Committees on Appropriations that under this section with respect to a foreign That the President shall take into consider- the termination of assistance to a country or government shall terminate 12 months after ation, in any case in which a restriction on a significant change in circumstances makes that government ceases to provide such mili- assistance would be applicable but for this it unlikely that such earmarked funds can be tary equipment. This section applies with re- subsection, whether assistance in support of obligated during the original period of avail- spect to lethal military equipment provided programs of nongovernmental organizations ability: Provided, That such earmarked funds under a contract entered into after October is in the national interest of the United that are continued available for an addi- 1, 1997. States: Provided further, That before using tional fiscal year shall be obligated only for (b) Assistance restricted by subsection (a) the authority of this subsection to furnish the purpose of such earmark. or any other similar provision of law, may be furnished if the President determines that assistance in support of programs of non- CEILINGS AND EARMARKS governmental organizations, the President furnishing such assistance is important to SEC. 543. Ceilings and earmarks contained shall notify the Committees on Appropria- the national interests of the United States. in this Act shall not be applicable to funds or (c) Whenever the waiver of subsection (b) is tions under the regular notification proce- authorities appropriated or otherwise made exercised, the President shall submit to the dures of those committees, including a de- available by any subsequent Act unless such appropriate congressional committees a re- scription of the program to be assisted, the Act specifically so directs. port with respect to the furnishing of such assistance to be provided, and the reasons for assistance. Any such report shall include a PROHIBITION ON PUBLICITY OR PROPAGANDA furnishing such assistance: Provided further, detailed explanation of the assistance esti- That nothing in this subsection shall be con- SEC. 544. No part of any appropriation con- mated to be provided, including the esti- strued to alter any existing statutory prohi- tained in this Act shall be used for publicity mated dollar amount of such assistance, and bitions against abortion or involuntary or propaganda purposes within the United an explanation of how the assistance fur- sterilizations contained in this or any other States not authorized before the date of en- thers United States national interests. Act. actment of this Act by the Congress: Pro- WITHHOLDING OF ASSISTANCE FOR PARKING (b) PUBLIC LAW 480.—During fiscal year vided, That not to exceed $950,000 may be FINES OWED BY FOREIGN COUNTRIES 1999, restrictions contained in this or any made available to carry out the provisions of SEC. 550. (a) IN GENERAL.—Of the funds other Act with respect to assistance for a section 316 of Public Law 96–533. country shall not be construed to restrict as- made available for a foreign country under sistance under the Agricultural Trade Devel- PURCHASE OF AMERICAN-MADE EQUIPMENT AND part I of the Foreign Assistance Act of 1961, opment and Assistance Act of 1954: Provided, PRODUCTS an amount equivalent to 110 percent of the total unpaid fully adjudicated parking fines That none of the funds appropriated to carry SEC. 545. (a) To the maximum extent pos- and penalties owed to the District of Colum- out title I of such Act and made available sible, assistance provided under this Act bia by such country as of the date of enact- pursuant to this subsection may be obligated should make full use of American resources, ment of this Act shall be withheld from obli- or expended except as provided through the including commodities, products, and serv- gation for such country until the Secretary ices. regular notification procedures of the Com- of State certifies and reports in writing to (b) It is the Sense of the Congress that, to mittees on Appropriations. the appropriate congressional committees (c) EXCEPTION.—This section shall not the greatest extent practicable, all equip- that such fines and penalties are fully paid apply— ment and products purchased with funds to the government of the District of Colum- (1) with respect to section 620A of the For- made available in this Act should be Amer- bia. eign Assistance Act or any comparable pro- ican-made. (b) DEFINITION.—For purposes of this sec- vision of law prohibiting assistance to coun- (c) In providing financial assistance to, or tion, the term ‘‘appropriate congressional tries that support international terrorism; entering into any contract with, any entity committees’’ means the Committee on For- or using funds made available in this Act, the eign Relations and the Committee on Appro- (2) with respect to section 116 of the For- head of each Federal agency, to the greatest priations of the Senate and the Committee eign Assistance Act of 1961 or any com- extent practicable, shall provide to such en- on International Relations and the Commit- parable provision of law prohibiting assist- tity a notice describing the statement made tee on Appropriations of the House of Rep- ance to countries that violate internation- in subsection (b) by the Congress. resentatives. ally recognized human rights. PROHIBITION OF PAYMENTS TO UNITED NATIONS LIMITATION ON ASSISTANCE FOR THE PLO FOR EARMARKS MEMBERS THE WEST BANK AND GAZA SEC. 542. (a) Funds appropriated by this SEC. 546. None of the funds appropriated or SEC. 551. None of the funds appropriated by Act which are earmarked may be repro- made available pursuant to this Act for car- this Act may be obligated for assistance for grammed for other programs within the rying out the Foreign Assistance Act of 1961, the Palestine Liberation Organization for same account notwithstanding the earmark may be used to pay in whole or in part any the West Bank and Gaza unless the President if compliance with the earmark is made im- assessments, arrearages, or dues of any has exercised the authority under section possible by operation of any provision of this member of the United Nations. 604(a) of the Middle East Peace Facilitation or any other Act or, with respect to a coun- Act of 1995 (title VI of Public Law 104–107) or try with which the United States has an CONSULTING SERVICES any other legislation to suspend or make in- agreement providing the United States with SEC. 547. The expenditure of any appropria- applicable section 307 of the Foreign Assist- base rights or base access in that country, if tion under this Act for any consulting serv- ance Act of 1961 and that suspension is still the President determines that the recipient ice through procurement contract, pursuant in effect: Provided, That if the President fails for which funds are earmarked has signifi- to section 3109 of title 5, United States Code, to make the certification under section cantly reduced its military or economic co- shall be limited to those contracts where 604(b)(2) of the Middle East Peace Facilita- operation with the United States since en- such expenditures are a matter of public tion Act of 1995 or to suspend the prohibition actment of the Foreign Operations, Export record and available for public inspection, under other legislation, funds appropriated Financing, and Related Programs Appropria- except where otherwise provided under exist- by this Act may not be obligated for assist- tions Act, 1991; however, before exercising ing law, or under existing Executive order ance for the Palestine Liberation Organiza- the authority of this subsection with regard pursuant to existing law. tion for the West Bank and Gaza. H7970 CONGRESSIONAL RECORD — HOUSE September 17, 1998

WAR CRIMES TRIBUNALS DRAWDOWN (3) entertainment expenses for activities (1) AUTHORITY TO SELL, REDUCE, OR CANCEL SEC. 552. If the President determines that that are substantially of a recreational char- CERTAIN LOANS.—Notwithstanding any other doing so will contribute to a just resolution acter, including entrance fees at sporting provision of law, the President may, in ac- of charges regarding genocide or other viola- events and amusement parks. cordance with this section, sell to any eligi- tions of international humanitarian law, the EQUITABLE ALLOCATION OF FUNDS ble purchaser any concessional loan or por- President may direct a drawdown pursuant SEC. 556. Not more than 18 percent of the tion thereof made before January 1, 1995, to section 552(c) of the Foreign Assistance funds appropriated by this Act to carry out pursuant to the Foreign Assistance Act of Act of 1961, as amended, of up to $25,000,000 of the provisions of sections 103 through 106 and 1961, to the government of any eligible coun- commodities and services for the United Na- chapter 4 of part II of the Foreign Assistance try as defined in section 702(6) of that Act or tions War Crimes Tribunal established with Act of 1961, that are made available for Latin on receipt of payment from an eligible pur- regard to the former Yugoslavia by the America and the Caribbean region may be chaser, reduce or cancel such loan or portion United Nations Security Council or such made available, through bilateral and Latin thereof, only for the purpose of facilitating— other tribunals or commissions as the Coun- America and the Caribbean regional pro- (A) debt-for-equity swaps, debt-for-develop- cil may establish to deal with such viola- grams, to provide assistance for any country ment swaps, or debt-for-nature swaps; or tions, without regard to the ceiling limita- in such region. (B) a debt buyback by an eligible country tion contained in paragraph (2) thereof: Pro- SPECIAL DEBT RELIEF FOR THE POOREST of its own qualified debt, only if the eligible vided, That the determination required under SEC. 557. (a) AUTHORITY TO REDUCE DEBT.— country uses an additional amount of the this section shall be in lieu of any deter- The President may reduce amounts owed to local currency of the eligible country, equal minations otherwise required under section the United States (or any agency of the to not less than 40 percent of the price paid 552(c): Provided further, That 60 days after the United States) by an eligible country as a re- for such debt by such eligible country, or the date of enactment of this Act, and every 180 sult of— difference between the price paid for such days thereafter, the Secretary of State shall (1) guarantees issued under sections 221 debt and the face value of such debt, to sup- submit a report to the Committees on Appro- and 222 of the Foreign Assistance Act of 1961; port activities that link conservation and priations describing the steps the United (2) credits extended or guarantees issued sustainable use of natural resources with States Government is taking to collect infor- under the Arms Export Control Act; or local community development, and child sur- mation regarding allegations of genocide or (3) any obligation or portion of such obli- vival and other child development, in a man- other violations of international law in the gation for a Latin American country, to pay ner consistent with sections 707 through 710 former Yugoslavia and to furnish that infor- for purchases of United States agricultural of the Foreign Assistance Act of 1961, if the mation to the United Nations War Crimes commodities guaranteed by the Commodity sale, reduction, or cancellation would not Tribunal for the former Yugoslavia. Credit Corporation under export credit guar- contravene any term or condition of any LANDMINES antee programs authorized pursuant to sec- tion 5(f ) of the Commodity Credit Corpora- prior agreement relating to such loan. SEC. 553. Notwithstanding any other provi- (2) TERMS AND CONDITIONS.—Notwithstand- sion of law, demining equipment available to tion Charter Act of June 29, 1948, as amend- ed, section 4(b) of the Food for Peace Act of ing any other provision of law, the President the Agency for International Development 1966, as amended (Public Law 89–808), or sec- shall, in accordance with this section, estab- and the Department of State and used in tion 202 of the Agricultural Trade Act of 1978, lish the terms and conditions under which support of the clearance of landmines and as amended (Public Law 95–501). loans may be sold, reduced, or canceled pur- unexploded ordnance for humanitarian pur- (b) LIMITATIONS.— suant to this section. poses may be disposed of on a grant basis in (1) The authority provided by subsection (3) ADMINISTRATION.—The Facility, as de- foreign countries, subject to such terms and (a) may be exercised only to implement mul- fined in section 702(8) of the Foreign Assist- conditions as the President may prescribe. tilateral official debt relief ad referendum ance Act of 1961, shall notify the adminis- RESTRICTIONS CONCERNING THE PALESTINIAN agreements, commonly referred to as ‘‘Paris trator of the agency primarily responsible AUTHORITY Club Agreed Minutes’’. for administering part I of the Foreign As- SEC. 554. None of the funds appropriated by (2) The authority provided by subsection sistance Act of 1961 of purchasers that the this Act may be obligated or expended to (a) may be exercised only in such amounts or President has determined to be eligible, and create in any part of Jerusalem a new office to such extent as is provided in advance by shall direct such agency to carry out the of any department or agency of the United appropriations Acts. sale, reduction, or cancellation of a loan pur- States Government for the purpose of con- (3) The authority provided by subsection suant to this section. Such agency shall ducting official United States Government (a) may be exercised only with respect to make an adjustment in its accounts to re- business with the Palestinian Authority over countries with heavy debt burdens that are flect the sale, reduction, or cancellation. eligible to borrow from the International De- Gaza and Jericho or any successor Palestin- (4) LIMITATION.—The authorities of this velopment Association, but not from the ian governing entity provided for in the subsection shall be available only to the ex- International Bank for Reconstruction and Israel-PLO Declaration of Principles: Pro- tent that appropriations for the cost of the Development, commonly referred to as vided, That this restriction shall not apply to modification, as defined in section 502 of the the acquisition of additional space for the ‘‘IDA-only’’ countries. Congressional Budget Act of 1974, are made existing Consulate General in Jerusalem: (c) CONDITIONS.—The authority provided by in advance. Provided further, That meetings between offi- subsection (a) may be exercised only with re- cers and employees of the United States and spect to a country whose government— (b) DEPOSIT OF PROCEEDS.—The proceeds officials of the Palestinian Authority, or any (1) does not have an excessive level of mili- from the sale, reduction, or cancellation of successor Palestinian governing entity pro- tary expenditures; any loan sold, reduced, or canceled pursuant (2) has not repeatedly provided support for vided for in the Israel-PLO Declaration of to this section shall be deposited in the Principles, for the purpose of conducting of- acts of international terrorism; (3) is not failing to cooperate on inter- United States Government account or ac- ficial United States Government business counts established for the repayment of such with such authority should continue to take national narcotics control matters; loan. place in locations other than Jerusalem. As (4) (including its military or other security has been true in the past, officers and em- forces) does not engage in a consistent pat- (c) ELIGIBLE PURCHASERS.—A loan may be ployees of the United States Government tern of gross violations of internationally sold pursuant to subsection (a)(1)(A) only to recognized human rights; and may continue to meet in Jerusalem on other a purchaser who presents plans satisfactory (5) is not ineligible for assistance because subjects with Palestinians (including those of the application of section 527 of the For- to the President for using the loan for the who now occupy positions in the Palestinian eign Relations Authorization Act, Fiscal purpose of engaging in debt-for-equity swaps, Authority), have social contacts, and have Years 1994 and 1995. debt-for-development swaps, or debt-for-na- incidental discussions. (d) AVAILABILITY OF FUNDS.—The authority ture swaps. PROHIBITION OF PAYMENT OF CERTAIN provided by subsection (a) may be used only (d) DEBTOR CONSULTATIONS.—Before the EXPENSES with regard to funds appropriated by this sale to any eligible purchaser, or any reduc- SEC. 555. None of the funds appropriated or Act under the heading ‘‘Debt restructuring ’’. otherwise made available by this Act under (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A tion or cancellation pursuant to this section, the heading ‘‘International Military Edu- reduction of debt pursuant to subsection (a) of any loan made to an eligible country, the cation and Training ’’ or ‘‘Foreign Military shall not be considered assistance for pur- President should consult with the country Financing Program’’ for Informational Pro- poses of any provision of law limiting assist- concerning the amount of loans to be sold, gram activities may be obligated or ex- ance to a country. The authority provided by reduced, or canceled and their uses for debt- pended to pay for— subsection (a) may be exercised notwith- for-equity swaps, debt-for-development standing section 620(r) of the Foreign Assist- (1) alcoholic beverages; swaps, or debt-for-nature swaps. (2) food (other than food provided at a mili- ance Act of 1961. tary installation) not provided in conjunc- AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR (e) AVAILABILITY OF FUNDS.—The authority tion with Informational Program trips where SALES provided by subsection (a) may be used only students do not stay at a military installa- SEC. 558. (a) LOANS ELIGIBLE FOR SALE, RE- with regard to funds appropriated by this tion; or DUCTION, OR CANCELLATION.— Act under the heading ‘‘Debt restructuring ’’. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7971

SANCTIONS AGAINST COUNTRIES HARBORING (2) has made concrete progress on the con- that the United Nations is not engaged in WAR CRIMINALS stitution of a credible and competent provi- any effort to implement or impose any tax- SEC. 559. (a) BILATERAL ASSISTANCE.—The sional electoral council with the agreement ation on United States persons in order to President is authorized to withhold funds ap- of a broad spectrum of diverse political par- raise revenue for the United Nations or any propriated by this Act under the Foreign As- ties. of its specialized agencies. sistance Act of 1961 or the Arms Export Con- (c) EXCEPTIONS.—The limitations in sub- (c) DEFINITIONS.—As used in this section trol Act for any country described in sub- sections (a) and (b) shall not apply to the the term ‘‘United States person’’ refers to— section (c). provision of— (1) a natural person who is a citizen or na- (b) MULTILATERAL ASSISTANCE.—The Sec- (1) counter-narcotics assistance, support tional of the United States; or retary of the Treasury should instruct the for the Haitian National Police’s Special In- (2) a corporation, partnership, or other United States executive directors of the vestigations Unit and anti-corruption pro- legal entity organized under the United international financial institutions to work grams, the International Criminal Investiga- States or any State, territory, possession, or in opposition to, and vote against, any ex- tive Assistance Program, and assistance in district of the United States. tension by such institutions of financing or support of Haitian customs and maritime of- LIMITATION ON ASSISTANCE TO THE financial or technical assistance to any ficials; PALESTINIAN AUTHORITY country described in subsection (c). (2) food assistance management and sup- SEC. 563. (a) PROHIBITION OF FUNDS.—None (c) SANCTIONED COUNTRIES.—A country de- port; of the funds appropriated by this Act to scribed in this subsection is a country the (3) assistance for urgent humanitarian carry out the provisions of chapter 4 of part government of which knowingly grants sanc- needs, such as medical and other supplies II of the Foreign Assistance Act of 1961 may tuary to persons in its territory for the pur- and services in support of community health be obligated or expended with respect to pro- pose of evading prosecution, where such per- services, schools, and orphanages; and viding funds to the Palestinian Authority. sons— (4) not more than $3,000,000 for the develop- (b) WAIVER.—The prohibition included in (1) have been indicted by the International ment and support of political parties. subsection (a) shall not apply if the Presi- Criminal Tribunal for Rwanda, or any other (d) WAIVER.—At any time after 150 days dent certifies in writing to the Speaker of international tribunal with similar standing from the date of enactment of this Act, the the House of Representatives and the Presi- under international law; or Secretary of State may waive the require- dent pro tempore of the Senate that waiving (2) have been indicted for war crimes or ments contained in subsection (a)(1) if she such prohibition is important to the national crimes against humanity committed during reports to the Committees specified in sub- security interests of the United States. the period beginning March 23, 1933 and end- section (a) that the Government of Haiti has (c) PERIOD OF APPLICATION OF WAIVER.— ing on May 8, 1945 under the direction of, or satisfied the requirements of subsection Any waiver pursuant to subsection (b) shall in association with— (a)(1) with regard to one major public entity. be effective for no more than a period of six (A) the Nazi government of Germany; (e) REPORTS.—The Secretary of State shall months at a time and shall not apply beyond (B) any government in any area occupied provide to the Committees specified in sub- twelve months after enactment of this Act. by the military forces of the Nazi govern- section (a) on a quarterly basis— LIMITATION ON ASSISTANCE TO THE ment of Germany; (1) in consultation with the Secretary of GOVERNMENT OF CROATIA (C) any government which was established Defense and the Administrator of the Drug SEC. 564. None of the funds appropriated by with the assistance or cooperation of the Enforcement Administration, a report on the title II of this Act may be made available to Nazi government; or status and number of United States person- the Government of Croatia to relocate the (D) any government which was an ally of nel deployed in and around Haiti on Depart- remains of Croatian Ustashe soldiers, at the the Nazi government of Germany. ment of Defense, Drug Enforcement Admin- site of the World War II concentration camp LIMITATION ON ASSISTANCE FOR HAITI istration, and United Nations missions, in- at Jasenovac, Croatia. SEC. 560. (a) LIMITATION.—Funds appro- cluding displays by functional or operational LIMITATION ON ASSISTANCE TO SECURITY priated by this Act may be made available assignment for such personnel and the cost FORCES for assistance for the Government of Haiti to the United States of these operations; and SEC. 565. None of the funds made available only if the President reports to the Commit- (2) the monthly reports, prepared during by this Act may be provided to any unit of tee on Appropriations and the Committee on the previous quarter, of the Organization of the security forces of a foreign country if the International Relations of the House of Rep- American States/United Nations Inter- Secretary of State has credible evidence that resentatives and the Committee on Appro- national Civilian Mission to Haiti such unit has committed gross violations of priations and the Committee on Foreign Re- (MICIVIH). human rights, unless the Secretary deter- lations of the Senate that the Government of REQUIREMENT FOR DISCLOSURE OF FOREIGN AID Haiti— mines and reports to the Committees on Ap- IN REPORT OF SECRETARY OF STATE propriations that the government of such (1) has completed privatization of (or country is taking effective measures to bring placed under long-term private management SEC. 561. (a) FOREIGN AID REPORTING RE- the responsible members of the security or concession) three major public entities in- QUIREMENT.—In addition to the voting prac- forces unit to justice: Provided, That nothing cluding the completion of all required incor- tices of a foreign country, the report re- in this section shall be construed to withhold porating documents, the transfer of assets, quired to be submitted to Congress under funds made available by this Act from any and the eviction of unauthorized occupants section 406(a) of the Foreign Relations Au- unit of the security forces of a foreign coun- of the land or facility; thorization Act, fiscal years 1990 and 1991 (22 try not credibly alleged to be involved in (2) is cooperating with the United States in U.S.C. 2414a), shall include a side-by-side gross violations of human rights: Provided halting illegal emigration from Haiti; comparison of individual countries’ overall support for the United States at the United further, That in the event that funds are (3) is conducting thorough investigations withheld from any unit pursuant to this sec- of extrajudicial and political killings and has Nations and the amount of United States as- sistance provided to such country in fiscal tion, the Secretary of State shall promptly made substantial progress in bringing to jus- inform the foreign government of the basis tice a person or persons responsible for one year 1998. (b) UNITED STATES ASSISTANCE.—For pur- for such action and shall, to the maximum or more extrajudicial or political killings in poses of this section, the term ‘‘United extent practicable, assist the foreign govern- Haiti, and is cooperating with United States States assistance’’ has the meaning given ment in taking effective measures to bring authorities and with United States-funded the term in section 481(e)(4) of the Foreign the responsible members of the security technical advisors to the Haitian National Assistance Act of 1961 (22 U.S.C. 2291(e)(4)). forces to justice. Police in such investigations; LIMITATIONS ON TRANSFER OF MILITARY (4) has taken action to remove from the RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS EQUIPMENT TO EAST TIMOR Haitian National Police, national palace and TO UNITED NATIONS AGENCIES residential guard, ministerial guard, and any SEC. 562. (a) PROHIBITION ON VOLUNTARY SEC. 566. In any agreement for the sale, other public security entity or unit of Haiti CONTRIBUTIONS FOR THE UNITED NATIONS.— transfer, or licensing of any lethal equip- those individuals who are credibly alleged to None of the funds appropriated by this Act ment or helicopter for Indonesia entered into have engaged in or conspired to conceal may be made available to pay any voluntary by the United States pursuant to the author- gross violations of internationally recog- contribution of the United States to the ity of this Act or any other Act, the agree- nized human rights or credibly alleged to United Nations (including the United Na- ment shall state that the United States ex- have engaged in or conspired to engage in tions Development Program) if the United pects that the items will not be used in East Timor: , That nothing in this section narcotics trafficking; and Nations implements or imposes any taxation Provided shall be construed to limit Indonesia’s inher- (5) is implementing the maritime counter- on any United States persons. ent right to legitimate national self-defense narcotics agreements signed in October 1997. (b) CERTIFICATION REQUIRED FOR DISBURSE- as recognized under the United Nations (b) AVAILABILITY OF ELECTORAL ASSIST- MENT OF FUNDS.—None of the funds appro- ANCE.—Funds appropriated by this Act may priated by this Act may be made available to Charter and international law. be made available to support elections in pay any voluntary contribution of the RESTRICTIONS ON ASSISTANCE TO COUNTRIES Haiti only if the President reports to the United States to the United Nations (includ- PROVIDING SANCTUARY TO INDICTED WAR Congress that the Government of Haiti: ing the United Nations Development Pro- CRIMINALS (1) has achieved a transparent settlement gram) unless the President certifies to the SEC. 567. (a) BILATERAL ASSISTANCE.—None of the contested April 1997 elections; and Congress 15 days in advance of such payment of the funds made available by this or any H7972 CONGRESSIONAL RECORD — HOUSE September 17, 1998 prior Act making appropriations for foreign activity in a community within any country, consult with representatives of human rights operations, export financing and related pro- entity or canton described in subsection (d) organizations and all government agencies grams, may be provided for any country, en- if competent authorities within that commu- with relevant information to help prevent tity or canton described in subsection (d). nity are not complying with the provisions publicly indicted war criminals from benefit- (b) MULTILATERAL ASSISTANCE.— of Article IX and Annex 4, Article II, para- ting from any financial or technical assist- (1) PROHIBITION.—The Secretary of the graph 8 of the Dayton Agreement relating to ance or grants provided to any country or Treasury shall instruct the United States ex- war crimes and the Tribunal. entity described in subsection (d). ecutive directors of the international finan- (d) SANCTIONED COUNTRY, ENTITY, OR CAN- ADDITIONAL REQUIREMENTS RELATING TO cial institutions to work in opposition to, TON.—A sanctioned country, entity, or can- STOCKPILING OF DEFENSE ARTICLES FOR FOR- and vote against, any extension by such in- ton described in this section is one whose EIGN COUNTRIES stitutions of any financial or technical as- competent authorities have failed, as deter- SEC. 568. (a) VALUE OF ADDITIONS TO STOCK- sistance or grants of any kind to any coun- mined by the Secretary of State, to take PILES.—Section 514(b)(2)(A) of the Foreign try or entity described in subsection (d). necessary and significant steps to apprehend Assistance Act of 1961 (22 U.S.C. (2) NOTIFICATION.—Not less than 15 days be- and transfer to the Tribunal all persons who 2321h(b)(2)(A)) is amended by inserting before fore any vote in an international financial have been publicly indicted by the Tribunal. the period at the end the following: ‘‘and institution regarding the extension of finan- (e) WAIVER.— $340,000,000 for fiscal year 1999’’. cial or technical assistance or grants to any (1) IN GENERAL.—The Secretary of State (b) REQUIREMENTS RELATING TO THE REPUB- country or entity described in subsection (d), may waive the application of subsection (a) LIC OF KOREA AND THAILAND.—Section the Secretary of the Treasury, in consulta- or subsection (b) with respect to specified bi- 514(b)(2)(B) of such Act (22 U.S.C. tion with the Secretary of State, shall pro- lateral programs or international financial 2321h(b)(2)(B)) is amended by adding at the vide to the Committee on Appropriations institution projects or programs in a sanc- end the following: ‘‘Of the amount specified and the Committee on Foreign Relations of tioned country, entity, or canton upon pro- in subparagraph (A) for fiscal year 1999, not the Senate and the Committee on Appropria- viding a written determination to the Com- more than $320,000,000 may be made available tions and the Committee on Banking and Fi- mittee on Appropriations and the Committee for stockpiles in the Republic of Korea and nancial Services of the House of Representa- on Foreign Relations of the Senate and the not more than $20,000,000 may be made avail- tives a written justification for the proposed Committee on Appropriations and the Com- able for stockpiles in Thailand.’’. assistance, including an explanation of the mittee on International Relations of the United States position regarding any such House of Representatives that such assist- REQUIREMENTS FOR THE REPORTING TO CON- vote, as well as a description of the location ance directly supports the implementation GRESS OF THE COSTS TO THE FEDERAL GOV- of the proposed assistance by municipality, of the Dayton Agreement and its Annexes, ERNMENT ASSOCIATED WITH THE PROPOSED its purpose, and its intended beneficiaries. which include the obligation to apprehend AGREEMENT TO REDUCE GREENHOUSE GAS (3) DEFINITION.—The term ‘‘international and transfer indicted war criminals to the EMISSIONS financial institution’’ includes the Inter- Tribunal. SEC. 569. The President shall provide to the national Monetary Fund, the International (2) REPORT.—Not later than 15 days after Congress a detailed account of all Federal Bank for Reconstruction and Development, the date of any written determination under agency obligations and expenditures for cli- the International Development Association, paragraph (e)(1), the Secretary of State shall mate change programs and activities, domes- the International Finance Corporation, the submit a report to the Committee on Appro- tic and international, for fiscal year 1998, Multilateral Investment Guaranty Agency, priations and the Committee on Foreign Re- planned obligations for such activities in fis- and the European Bank for Reconstruction lations of the Senate and the Committee on cal year 1999, and any plan for programs and Development. Appropriations and the Committee on Inter- thereafter in the context of negotiations to (c) EXCEPTIONS.— national Relations of the House of Rep- amend the Framework Convention on Cli- (1) IN GENERAL.—Subject to paragraph (2), resentatives regarding the status of efforts mate Change (FCCC) to be provided to the subsections (a) and (b) shall not apply to the to secure the voluntary surrender or appre- appropriate congressional committees no provision of— hension and transfer of persons indicted by later than November 15, 1998. (A) humanitarian assistance; the Tribunal, in accordance with the Dayton WITHHOLDING ASSISTANCE TO COUNTRIES VIO- (B) democratization assistance; Agreement, and outlining obstacles to LATING UNITED NATIONS SANCTIONS AGAINST (C) assistance for cross border physical in- achieving this goal. LIBYA frastructure projects involving activities in (3) ASSISTANCE PROGRAMS AND PROJECTS AF- SEC. 570. (a) WITHHOLDING OF ASSISTANCE.— both a sanctioned country, entity, or canton FECTED.—Any waiver made pursuant to this Except as provided in subsection (b), when- and a nonsanctioned contiguous country, en- subsection shall be effective only with re- ever the President determines and certifies tity, or canton, if the project is primarily lo- spect to a specified bilateral program or to Congress that the government of any cated in and primarily benefits the nonsanc- multilateral assistance project or program country is violating any sanction against tioned country, entity, or canton and if the identified in the determination of the Sec- Libya imposed pursuant to United Nations portion of the project located in the sanc- retary of State to Congress. Security Council Resolution 731, 748, or 883, tioned country, entity, or canton is nec- (f ) TERMINATION OF SANCTIONS.—The sanc- then not less than 5 percent of the funds al- essary only to complete the project; tions imposed pursuant to subsections (a) located for the country under section 653(a) (D) small-scale assistance projects or ac- and (b) with respect to a country or entity of the Foreign Assistance Act of 1961 out of tivities requested by United States Armed shall cease to apply only if the Secretary of appropriations in this Act shall be withheld Forces that promote good relations between State determines and certifies to Congress from obligation and expenditure for that such forces and the officials and citizens of that the authorities of that country, entity, country. the areas in the United States SFOR sector or canton have apprehended and transferred (b) EXCEPTION.—The requirement to with- of Bosnia; to the Tribunal all persons who have been hold funds under subsection (a) shall not (E) implementation of the Brcko Arbitral publicly indicted by the Tribunal. apply to funds appropriated in this Act for Decision; (g) DEFINITIONS.—As used in this section— allocation under section 653(a) of the Foreign (F) lending by the international financial (1) COUNTRY.—The term ‘‘country’’ means Assistance Act of 1961 for development as- institutions to a country or entity to sup- Bosnia-Herzegovina, Croatia, Serbia, and sistance or for humanitarian assistance. port common monetary and fiscal policies at Montenegro. (c) WAIVER.—Funds may be provided for a the national level as contemplated by the (2) ENTITY.—The term ‘‘entity’’ refers to country without regard to subsection (a) if Dayton Agreement; or the Federation of Bosnia and Herzegovina the President determines that to do so is in (G) direct lending to a non-sanctioned en- and the Republika Srpska. the national security interest of the United tity, or lending passed on by the national (3) CANTON.—The term ‘‘canton’’ means the States. government to a non-sanctioned entity. administrative units in Bosnia and AID TO THE GOVERNMENT OF THE DEMOCRATIC (2) FURTHER LIMITATIONS.—Notwithstand- Herzegovina. REPUBLIC OF CONGO ing paragraph (1)— (4) DAYTON AGREEMENT.—The term ‘‘Day- SEC. 571. None of the funds appropriated by (A) no assistance may be made available by ton Agreement’’ means the General Frame- this Act may be provided for assistance for this Act, or any prior Act making appropria- work Agreement for Peace in Bosnia and the central Government of the Democratic tions for foreign operations, export financing Herzegovina, together with annexes relating Republic of Congo until such time as the and related programs, in any country, en- thereto, done at Dayton, November 10 President reports in writing to the Congress tity, or canton described in subsection (d), through 16, 1995. that the central Government of the Demo- for a program, project, or activity in which (5) TRIBUNAL.—The term ‘‘Tribunal’’ means cratic Republic of Congo is cooperating fully a publicly indicted war criminal is known to the International Criminal Tribunal for the with investigators from the United Nations have any financial or material interest; and Former Yugoslavia. in accounting for human rights violations (B) no assistance (other than emergency (h) ROLE OF HUMAN RIGHTS ORGANIZATIONS committed in the Democratic Republic of foods or medical assistance or demining as- AND GOVERNMENT AGENCIES.—In carrying out sistance) may be made available by this Act, this section, the Secretary of State, the Ad- Congo or adjacent countries. or any prior Act making appropriations for ministrator of the Agency for International ASSISTANCE FOR THE MIDDLE EAST foreign operations, export financing and re- Development, and the executive directors of SEC. 572. Of the funds appropriated by this lated programs for any program, project, or the international financial institutions shall Act under the headings ‘‘Economic Support September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7973

Fund’’, ‘‘Foreign Military Financing ’’, the Congress by January 31, 1999, a report on (b) CONDITION FOR THE USE OF APPRO- ‘‘International Military Education and all overseas military training provided to PRIATED FUNDS FOR LOANS TO THE IMF.— Training ’’, ‘‘Peacekeeping Operations’’, for foreign military personnel under programs (1) IN GENERAL.—None of the funds appro- refugees resettling in Israel under the head- administered by the Department of Defense priated in this title under the heading ing ‘‘Migration and Refugee Assistance’’, and and the Department of State during fiscal ‘‘Loans to the International Monetary for assistance for Israel to carry out provi- years 1998 and 1999, including those proposed Fund’’ may be obligated or made available to sions of chapter 8 of part II of the Foreign for fiscal year 1999. This report shall include, the International Monetary Fund unless— Assistance Act of 1961 under the heading for each such military training activity, the (A) there is in effect a written certifi- ‘‘Nonproliferation, Anti-Terrorism, foreign policy justification and purpose for cation, made by the Secretary of the Treas- Demining, and Related Programs’’, not more the training activity, the cost of the training ury, to the appropriate committees that the than a total of $5,402,850,000 may be made activity, the number of foreign students International Monetary Fund has met the available for Israel, Egypt, Jordan, Lebanon, trained and their units of operation, and the requirements of paragraph (2); and the West Bank and Gaza, the Israel-Lebanon location of the training. In addition, this re- (B) the Congress has enacted legislation Monitoring Group, the Multinational Force port shall also include, with respect to approving the certification. and Observers, the Middle East Regional De- United States personnel, the operational (2) REQUIREMENTS.—The requirements of mocracy Fund, Middle East Regional Co- benefits to United States forces derived from this paragraph are that the International operation, and Middle East Multilateral each such training activity and the United Monetary Fund has in effect policies that are Working Groups: Provided, That any funds States military units involved in each such designed to ensure the following: that were appropriated under such headings training activity. This report may include a (A) Within 3 months after any meeting of in prior fiscal years and that were at the classified annex if deemed necessary and ap- the Executive Board of the International time of enactment of this Act obligated or propriate. Monetary Fund at which a Letter of Intent, allocated for other recipients may not during KOREAN PENINSULA ENERGY DEVELOPMENT a Policy Framework Paper, an Article IV fiscal year 1999 be made available for activi- ORGANIZATION economic review consultation with a mem- ties that, if funded under this Act, would be SEC. 578. Notwithstanding sections 614 and ber country, or a change in a general policy required to count against this ceiling: Pro- 451 of the Foreign Assistance Act of 1961, as of the International Monetary Fund is dis- vided further, That funds may be made avail- amended, or any other provision of law, none cussed, a full written summary of the meet- able notwithstanding the requirements of of the funds appropriated by this Act may be ing shall be made available for public inspec- this section if the President determines and used for a voluntary contribution to, or as- tion, with the following information re- certifies to the Committees on Appropria- sistance for, the Korean Peninsula Energy dacted: tions that it is important to the national se- Development Organization. (i) Information which, if released, would adversely affect the national security of a curity interest of the United States to do so REPEAL OF RESTRICTIONS ON ASSISTANCE and any such additional funds shall only be country, and which is of the type that would SEC. 579. Section 907 of the FREEDOM Sup- be classified by United States Government. provided through the regular notification port Act is hereby repealed. procedures of the Committees on Appropria- (ii) Market-sensitive information. TITLE VI tions. (iii) Proprietary information. FUNDS APPROPRIATED TO THE PRESIDENT (B) Within 3 months after the Executive ENTERPRISE FUND RESTRICTIONS INTERNATIONAL MONETARY PROGRAMS Board of the International Monetary Fund at SEC. 573. Prior to the distribution of any LOANS TO THE INTERNATIONAL MONETARY FUND which a Letter of Intent or a Policy Frame- assets resulting from any liquidation, dis- work Paper is discussed, a copy of the Letter For loans to the International Monetary solution, or winding up of an Enterprise of Intent or Policy Framework Paper shall Fund under section 17 of the Bretton Woods Fund, in whole or in part, the President shall be made available for public inspection with Agreements Act pursuant to the New Ar- submit to the Committees on Appropria- the following information redacted: rangements to Borrow, the dollar equivalent tions, in accordance with the regular notifi- (i) Information which, if released, would of 2,462,000,000 Special Drawing Rights, to re- cation procedures of the Committees on Ap- adversely affect the national security of a main available until expended. In addition, propriations, a plan for the distribution of country, and which is of the type that would the amounts appropriated by title III of the the assets of the Enterprise Fund. be classified by United States Government. Foreign Aid and Related Agencies Appropria- CAMBODIA (ii) Market-sensitive information. tions Act, 1963 (Public Law 87–872) and sec- SEC. 574. (a) None of the funds appropriated (iii) Proprietary information. tion 1101(b) of the Supplemental Appropria- in this Act may be made available for assist- (C) Interest charges on loans to member tions Act, 1984 (Public Law 98–181) may also countries shall be based on the International ance for the Government of Cambodia: Pro- be used under section 17 of the Bretton Monetary Fund’s market-determined cost of vided, That the restrictions under this head- Woods Agreements Act pursuant to the New financing, adjusted weekly, and loans from ing shall not apply to humanitarian, Arrangements to Borrow. demining or election-related programs or ac- any facility established to address cir- GENERAL PROVISIONS—THIS TITLE tivities: Provided further, That the provision cumstances of exceptional balance of pay- of such assistance shall be made available CONDITIONS FOR THE USE OF APPROPRIATED ments difficulties and impaired access to subject to the regular notification proce- FUNDS capital due to a sudden loss of market con- dures of the Committees on Appropriations. SEC. 601. (a) CONDITION FOR THE USE OF AP- fidence should carry a substantial surcharge (b) The Secretary of the Treasury should PROPRIATED FUNDS FOR QUOTA INCREASE.— that serves to provide an incentive for early instruct the United States executive direc- None of the funds appropriated after July 15, repayment and encourage private market re- tors of the international financial institu- 1998, under the heading ‘‘United States Quota financing, and that reflects risk. tions to use the voice and vote of the United in the International Monetary Fund’’ may be REPORTS ON FINANCIAL STABILIZATION PRO- States to oppose loans to the Government of obligated or made available to the Inter- GRAMS LED BY THE INTERNATIONAL MONE- Cambodia, except loans to support basic national Monetary Fund until 15 days after TARY FUND IN CONNECTION WITH FINANCING human needs. the Secretary of the Treasury and the Chair- FROM THE EXCHANGE STABILIZATION FUND EXPORT FINANCING TRANSFER AUTHORITIES man of the Board of Governors of the Federal SEC. 602. (a) IN GENERAL.—The Secretary of Reserve System jointly provide written noti- SEC. 575. Not to exceed 5 percent of any ap- the Treasury shall submit to the appropriate propriation other than for administrative ex- fication to the appropriate committees that committees 2 reports on the implementation penses made available for fiscal year 1999 for the major shareholders of the International of financial stabilization programs led by the programs under title I of this Act may be Monetary Fund have publicly agreed to, and International Monetary Fund in any country transferred between such appropriations for will act to implement in the Fund policies in connection with which the United States use for any of the purposes, programs and ac- providing that for conditions in standby has made a commitment to provide or has tivities for which the funds in such receiving agreements or other arrangements regarding provided financing from the stabilization account may be used, but no such appropria- the use of Fund resources include require- fund established under section 5302 of title tion, except as otherwise specifically pro- ments that the recipient country— 31, United States Code. A report shall in- vided, shall be increased by more than 25 per- (1) liberalize restrictions on trade in goods clude the following with respect to each such cent by any such transfer: Provided, That the and services and on investment, at a mini- country: exercise of such authority shall be subject to mum consistent with the terms of all inter- (1) The extent that the country has made the regular notification procedures of the national trade agreements of which the bor- progress in making conglomerate business Committees on Appropriations. rowing country is a signatory; practices more transparent through the ap- (2) eliminate the pervasive practice or pol- plication of internationally accepted ac- AUTHORIZATION FOR POPULATION PLANNING icy of government directed lending on non- counting practices, independent external au- SEC. 576. Not to exceed $385,000,000 of the commercial terms or provision of market dits, full disclosure, and provision of consoli- funds appropriated in title II of this Act may distorting subsidies to favored industries, en- dated statements. be available for population planning activi- terprises, parties, or institutions; and (2) The success of measures undertaken by ties or other population assistance. (3) guarantee nondiscriminatory treatment the United States Government and the Inter- REPORT ON FOREIGN MILITARY TRAINING in insolvency proceedings between domestic national Monetary Fund to ensure that the SEC. 577. The Secretary of Defense and the and foreign creditors, and for debtors and country will not provide Government-sub- Secretary of State shall jointly provide to other concerned persons. sidized support or tax privileges to bail out H7974 CONGRESSIONAL RECORD — HOUSE September 17, 1998 individual corporations, particularly in the effective only to such extent or in such ‘‘(D) economic deregulation by eliminating semiconductor, steel, plywood, paper, and amounts as are provided in advance in appro- inefficient and overly burdensome regula- glassware industries. priations Acts.’’. tions and strengthening the legal framework (3) Whether International Monetary Fund (b) EFFECTIVENESS SUBJECT TO CERTIFI- supporting private contract and intellectual involvement in labor market flexibility CATION.—The amendment made by sub- property rights; measures has had a negative effect on work- section (a) shall not take effect until the ‘‘(E) establishing or strengthening key ele- er rights in the country, and the nature of Secretary of the Treasury certifies to the ments of a social safety net to cushion the any such negative effects. Committee on Banking and Financial Serv- effects on workers of unemployment and dis- (b) TIMING OF REPORTS.—The first report ices of the House of Representatives and the location; and required by subsection (a) shall be due by De- Committee on Foreign Relations of the Sen- ‘‘(F) encouraging the opening of markets cember 1, 1998, and the second such report ate that the investors and banks have made for agricultural commodities and products shall be due by May 1, 1999. a significant contribution in conjunction by requiring recipient countries to make ef- (c) NOTIFICATION OF IMPENDING DISBURSE- with a financing package that, in the con- forts to reduce trade barriers. MENTS.—Not later than 36 hours before the text of an international financial crisis, ‘‘(3) Vigorously promote policies to in- disbursement to a country with respect to might include taxpayer supported official fi- crease the effectiveness of the International which a report is required by subsection (a) nancing. Monetary Fund, in concert with appropriate of any resources from the stabilization fund NEW ARRANGEMENTS TO BORROW international authorities and other inter- national financial institutions (as defined in referred to in subsection (a) in connection SEC. 606. Section 17 of the Bretton Woods section 1701(c)(2)), in strengthening financial with the implementation of a financial sta- Agreements Act (22 U.S.C. 286e–2 et seq.) is systems in developing countries, and encour- bilization program described in subsection amended— aging the adoption of sound banking prin- (a), the Secretary of the Treasury shall no- (1) in subsection (a)— ciples and practices, including the develop- tify the appropriate committees of the im- (A) by striking ‘‘and February 24, 1983’’ and ment of laws and regulations that will help pending disbursement. inserting ‘‘February 24, 1983, and January 27, to ensure that domestic financial institu- ADVISORY COMMISSION 1997’’; and tions meet strong standards regarding cap- (B) by striking ‘‘4,250,000,000’’ and inserting SEC. 603. (a) IN GENERAL.—The Secretary of ital reserves, regulatory oversight, and ‘‘6,712,000,000’’; the Treasury shall establish an International transparency. (2) in subsection (b), by striking Financial Institution Advisory Commission ‘‘(4) Vigorously promote policies to in- (in this section referred to as the ‘‘Commis- ‘‘4,250,000,000’’ and inserting ‘‘6,712,000,000’’; crease the effectiveness of the International sion’’). and Monetary Fund, in concert with appropriate (b) MEMBERSHIP.—The Commission shall (3) in subsection (d)— international authorities and other inter- include— (A) by inserting ‘‘or the Decision of Janu- national financial institutions (as defined in (1) 6 individuals appointed by the Congress, ary 27, 1997,’’ after ‘‘February 24, 1983,’’; and section 1701(c)(2)), in facilitating the devel- including at least 2 former Secretaries of the (B) by inserting ‘‘or the New Arrangements opment and implementation of internation- Treasury, 1 of whom shall serve as the chair- to Borrow, as applicable’’ before the period ally acceptable domestic bankruptcy laws man of the Commission; and at the end. and regulations in developing countries, in- (2) not to exceed 2 members as designated ADVOCACY OF POLICIES TO ENHANCE THE GEN- cluding the provision of technical assistance by the Secretary. ERAL EFFECTIVENESS OF THE INTERNATIONAL as appropriate. (c) RECOMMENDATIONS.—Within 180 days MONETARY FUND ‘‘(5) Vigorously promote policies that aim after the appointment of Commission mem- SEC. 607. (a) IN GENERAL.—Title XV of the at appropriate burden-sharing by the private bers, the Commission shall submit to the ap- International Financial Institutions Act (22 sector so that investors and creditors bear propriate committees a report that contains U.S.C. 262o–262o-1) is amended by adding at more fully the consequences of their deci- the recommendations of the Commission re- the end the following: sions, and accordingly advocate policies garding the future role and responsibilities ‘‘SEC. 1503. ADVOCACY OF POLICIES TO ENHANCE which include— of the International Monetary Fund and the THE GENERAL EFFECTIVENESS OF ‘‘(A) strengthening crisis prevention and International Bank for Reconstruction and THE INTERNATIONAL MONETARY early warning signals through improved and Development, including changes to the pol- FUND. more effective surveillance of the national icy goals set forth for the International Mon- ‘‘(a) IN GENERAL.—The Secretary of the economic policies and financial market de- etary Fund and the International Bank for Treasury shall instruct the United States velopment of countries (including monitor- Reconstruction and Development in the Executive Director of the International Mon- ing of the structure and volume of capital Bretton Woods Agreements Act and the etary Fund to use aggressively the voice and flows to identify problematic imbalances in International Financial Institutions Act. vote of the Executive Director to do the fol- the inflow of short and medium term invest- (d) INTERNATIONAL ADVISORY COMMITTEE.— lowing: ment capital, potentially destabilizing The Secretary of the Treasury shall instruct ‘‘(1) Vigorously promote policies to in- inflows of offshore lending and foreign in- the United States Executive Director at the crease the effectiveness of the International vestment, or problems with the maturity International Monetary Fund to use the Monetary Fund in structuring programs and profiles of capital to provide warnings of im- voice and vote of the United States to seek assistance so as to promote policies and ac- minent economic instability), and fuller dis- the establishment of a permanent advisory tions that will contribute to exchange rate closure of such information to market par- committee to the Interim Committee of the stability and avoid competitive devaluations ticipants; Board of Governors of the International that will further destabilize the inter- ‘‘(B) accelerating work on strengthening fi- Monetary Fund, that is to consist of elected national financial and trading systems. nancial systems in emerging market econo- members of the national legislatures of the ‘‘(2) Vigorously promote policies to in- mies so as to reduce the risk of financial cri- member countries directly represented by crease the effectiveness of the International ses; appointed members of the Executive Board Monetary Fund in promoting market-ori- ‘‘(C) consideration of provisions in debt of the International Monetary Fund. ented reform, trade liberalization, economic contracts that would foster dialogue and DEFINITIONS growth, democratic governance, and social consultation between a sovereign debtor and stability through— its private creditors, and among those credi- SEC. 604. For purposes of sections 601 through 603 of this chapter, the term ‘‘appro- ‘‘(A) appropriate liberalization of pricing, tors; priate committees’’ means the Committees trade, investment, and exchange rate re- ‘‘(D) consideration of extending the scope on Appropriations, Foreign Relations, and gimes of countries to open countries to the of the International Monetary Fund’s policy Banking, Housing, and Urban Affairs of the competitive forces of the global economy; on lending to members in arrears and of Senate and the Committees on Appropria- ‘‘(B) opening domestic markets to fair and other policies so as to foster the dialogue tions and Banking and Financial Services of open internal competition among domestic and consultation referred to in subparagraph the House of Representatives. enterprises by eliminating inappropriate fa- (C); voritism for small or large businesses, elimi- ‘‘(E) intensified consideration of mecha- PARTICIPATION IN QUOTA INCREASE nating elite monopolies, creating and effec- nisms to facilitate orderly workout mecha- SEC. 605. (a) IN GENERAL.—The Bretton tively implementing anti-trust and anti-mo- nisms for countries experiencing debt or li- Woods Agreements Act (22 U.S.C. 286–286mm) nopoly laws to protect free competition, and quidity crises; is amended by adding at the end the follow- establishing fair and accessible legal proce- ‘‘(F) consideration of establishing ad hoc ing: dures for dispute settlement among domestic or formal linkages between the provision of ‘‘SEC. 61. QUOTA INCREASE. enterprises; official financing to countries experiencing a ‘‘(a) IN GENERAL.—The United States Gov- ‘‘(C) privatizing industry in a fair and equi- financial crisis and the willingness of mar- ernor of the Fund may consent to an in- table manner that provides economic oppor- ket participants to meaningfully participate crease in the quota of the United States in tunities to a broad spectrum of the popu- in any stabilization effort led by the Inter- the Fund equivalent to 10,622,500,000 Special lation, eliminating government and elite national Monetary Fund; Drawing Rights. monopolies, closing loss-making enterprises, ‘‘(G) using the International Monetary ‘‘(b) SUBJECT TO APPROPRIATIONS.—The au- and reducing government control over the Fund to facilitate discussions between debt- thority provided by subsection (a) shall be factors of production; ors and private creditors to help ensure that September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7975 financial difficulties are resolved without in- International Monetary Fund self-evaluation SEMIANNUAL REPORTS ON FINANCIAL STA- appropriate resort to public resources; and by vigorously promoting review of the effec- BILIZATION PROGRAMS LED BY THE INTER- ‘‘(H) the International Monetary Fund ac- tiveness of the Office of Internal Audit and NATIONAL MONETARY FUND IN CONNECTION companying the provision of funding to Inspection and the Executive Board’s exter- WITH FINANCING FROM THE EXCHANGE STA- countries experiencing a financial crisis re- nal evaluation pilot program and, if nec- BILIZATION FUND sulting from imprudent borrowing with ef- essary, the establishment of an operations forts to achieve a significant contribution by evaluation department modeled on the expe- SEC. 609. Title XVII of the International the private creditors, investors, and banks rience of the International Bank for Recon- Financial Institutions Act (22 U.S.C. 262r– which had extended such credits. struction and Development, guided by such 262r-2) is amended by adding at the end the ‘‘(6) Vigorously promote policies that key principles as usefulness, credibility, following: would make the International Monetary transparency, and independence. Fund a more effective mechanism, in concert ‘‘SEC. 1704. REPORTS ON FINANCIAL STABILIZA- ‘‘(14) Vigorously promote coordination TION PROGRAMS LED BY THE with appropriate international authorities with the International Bank for Reconstruc- INTERNATIONAL MONETARY FUND and other international financial institu- tion and Development and other inter- IN CONNECTION WITH FINANCING tions (as defined in section 1701(c)(2)), for national financial institutions (as defined in FROM THE EXCHANGE STABILIZA- promoting good governance principles within section 1701(c)(2)) in promoting structural re- TION FUND. recipient countries by fostering structural forms which facilitate the provision of credit ‘‘(a) IN GENERAL.—The Secretary of the reforms, including procurement reform, that to small businesses, including microenter- Treasury, in consultation with the Secretary reduce opportunities for corruption and brib- prise lending, especially in the world’s poor- of Commerce and other appropriate Federal ery, and drug-related money laundering. est, heavily indebted countries. ‘‘(7) Vigorously promote the design of agencies, shall prepare reports on the imple- International Monetary Fund programs and ‘‘(b) COORDINATION WITH OTHER EXECUTIVE mentation of financial stabilization pro- assistance so that governments that draw on DEPARTMENTS.—To the extent that it would grams (and any material terms and condi- the International Monetary Fund channel assist in achieving the goals described in tions thereof) led by the International Mone- public funds away from unproductive pur- subsection (a), the Secretary of the Treasury tary Fund in countries in connection with poses, including large ‘show case’ projects shall pursue the goals in coordination with which the United States has made a commit- the Secretary of State, the Secretary of and excessive military spending, and toward ment to provide, or has provided financing Labor, the Secretary of Commerce, the Ad- investment in human and physical capital as from the stabilization fund established under well as social programs to protect the need- ministrator of the Environmental Protection section 5302 of title 31, United States Code. iest and promote social equity. Agency, the Administrator of the Agency for The reports shall include the following: ‘‘(8) Work with the International Monetary International Development, and the United ‘‘(1) A description of the condition of the Fund to foster economic prescriptions that States Trade Representative.’’. are appropriate to the individual economic economies of countries requiring the finan- circumstances of each recipient country, rec- (b) ADVISORY COMMITTEE ON IMF POLICY.— cial stabilization programs, including the ognizing that inappropriate stabilization Section 1701 of such Act (22 U.S.C. 262p–5) is monetary, fiscal, and exchange rate policies programs may only serve to further desta- amended by adding at the end the following: of the countries. ‘‘(2) A description of the degree to which bilize the economy and create unnecessary ‘‘(e) ADVISORY COMMITTEE ON IMF POL- the countries requiring the financial sta- economic, social, and political dislocation. ICY.— bilization programs have fully implemented ‘‘(9) Structure International Monetary ‘‘(1) IN GENERAL.—The Secretary of the Fund programs and assistance so that the Treasury shall establish an International financial sector restructuring and reform maintenance and improvement of core labor Monetary Fund Advisory Committee (in this measures required by the International Mon- standards are routinely incorporated as an subsection referred to as the ‘Advisory Com- etary Fund, including— integral goal in the policy dialogue with re- mittee’). ‘‘(A) ensuring full respect for the commer- cial orientation of commercial bank lending; cipient countries, so that— ‘‘(2) MEMBERSHIP.—The Advisory Commit- ‘‘(A) recipient governments commit to af- tee shall consist of 9 members appointed by ‘‘(B) ensuring that governments will not fording workers the right to exercise inter- the Secretary of the Treasury, after appro- intervene in bank management and lending nationally recognized core worker rights, in- priate consultations with the relevant orga- decisions (except in regard to prudential su- cluding the right of free association and col- nizations, as follows: pervision); lective bargaining through unions of their ‘‘(A) 1 member shall be a former Secretary ‘‘(C) the enactment and implementation of own choosing; or Deputy Secretary of the Treasury, who appropriate financial reform legislation; ‘‘(B) measures designed to facilitate labor shall serve as the chairman of the Advisory ‘‘(D) strengthening the domestic financial market flexibility are consistent with such Committee. system and improving transparency and su- core worker rights; and ‘‘(B) 2 members shall be representatives pervision; and ‘‘(C) the staff of the International Mone- from organized labor. ‘‘(E) the opening of domestic capital mar- tary Fund surveys the labor market policies ‘‘(C) 2 members shall be representatives kets. and practices of recipient countries and rec- from banking and financial services. ‘‘(3) A description of the degree to which ommends policy initiatives that will help to ‘‘(D) 2 members shall be representatives the countries requiring the financial sta- ensure the maintenance or improvement of from industry and agriculture. bilization programs have fully implemented core labor standards. ‘‘(E) 2 members shall be representatives reforms required by the International Mone- ‘‘(10) Vigorously promote International from nongovernmental environmental and tary Fund that are directed at corporate Monetary Fund programs and assistance human rights organizations. governance and corporate structure, includ- that are structured to the maximum extent ing— ‘‘(3) DUTIES.—Not less frequently than feasible to discourage practices which may every 6 months, the Advisory Committee ‘‘(A) making nontransparent conglomerate promote ethnic or social strife in a recipient shall meet with the Secretary of the Treas- practices more transparent through the ap- country. ury or the Deputy Secretary of the Treasury plication of internationally accepted ac- ‘‘(11) Vigorously promote recognition by to review, and provide advice on, the extent counting practices, independent external au- the International Monetary Fund that mac- to which individual country International dits, full disclosure, and provision of consoli- roeconomic developments and policies can Monetary Fund programs meet the policy dated statements; and affect and be affected by environmental con- goals set forth in this Act regarding the ‘‘(B) ensuring that no government sub- ditions and policies, and urge the Inter- International Monetary Fund. sidized support or tax privileges will be pro- national Monetary Fund to encourage mem- vided to bail out individual corporations, ‘‘(4) INAPPLICABILITY OF TERMINATION PRO- ber countries to pursue macroeconomic sta- particularly in the semiconductor, steel, and VISION OF THE FEDERAL ADVISORY COMMITTEE bility while promoting environmental pro- paper industries. ACT.—Section 14(a)(2) of the Federal Advi- tection. sory Committee Act shall not apply to the ‘‘(4) A description of the implementation of ‘‘(12) Facilitate greater International Mon- Advisory Committee.’’. reform measures required by the Inter- etary Fund transparency, including by en- national Monetary Fund to deregulate and hancing accessibility of the International SENSE OF THE CONGRESS ON THE ROLE OF privatize economic activity by ending do- Monetary Fund and its staff, fostering a JAPAN IN RESTORING REGIONAL AND GLOBAL mestic monopolies, undertaking trade liber- more open release policy toward working pa- ECONOMIC GROWTH alization, and opening up restricted areas of pers, past evaluations, and other Inter- the economy to foreign investment and com- national Monetary Fund documents, seeking SEC. 608. It is the sense of the Congress petition. to publish all Letters of Intent to the Inter- that Japan should assume a greater regional ‘‘(5) A detailed description of the trade national Monetary Fund and Policy Frame- leadership role, which would coincide with policies of the countries, including any un- work Papers, and establishing a more open Japan’s goal of promoting strong domestic fair trade practices or adverse effects of the release policy regarding Article IV consulta- demand-led growth and avoiding a signifi- trade policies on the United States. tions. cant increase in its external surplus with the ‘‘(6) A description of the extent to which ‘‘(13) Facilitate greater International Mon- United States and the countries of the Asia- the financial stabilization programs have re- etary Fund accountability and enhance Pacific region. sulted in appropriate burden-sharing among H7976 CONGRESSIONAL RECORD — HOUSE September 17, 1998 private sector creditors, including reschedul- made toward achieving the objectives out- ‘‘SEC. 1706. AUDITS OF THE INTERNATIONAL ing of outstanding loans by lengthening ma- lined in subsection (a), which shall describe MONETARY FUND. turities, agreements on debt reduction, and the steps taken by the United States, other ‘‘(a) ACCESS TO MATERIALS.—Not later than the extension of new credit. members of the world community, and the 30 days after the date of the enactment of ‘‘(7) A description of the extent to which international financial institutions to this section, the Secretary of the Treasury the economic adjustment policies of the strengthen safeguards in the global financial shall certify to the Committee on Banking International Monetary Fund and the poli- system, including measures to promote more and Financial Services of the House of Rep- cies of the government of the country ade- efficient functioning of global markets, by— resentatives and the Committee on Foreign quately balance the need for financial sta- (A) helping to develop effective legal and Relations of the Senate that the Secretary bilization, economic growth, environmental regulatory frameworks, including appro- has instructed the United States Executive protection, social stability, and equity for priate bankruptcy and foreclosure mecha- Director at the International Monetary Fund all elements of the society. nisms; to facilitate timely access by the General ‘‘(8) Whether International Monetary Fund (B) increasing transparency and disclosure Accounting Office to information and docu- involvement in labor market flexibility by both the private and public sectors; ments of the International Monetary Fund measures has had a negative effect on core (C) strengthening prudential standards, needed by the Office to perform financial re- worker rights, particularly the rights of free both globally and in individual economies; views of the International Monetary Fund association and collective bargaining. (D) improving domestic policy manage- that will facilitate the conduct of United ‘‘(9) A description of any pattern of abuses ment; States policy with respect to the Fund. of core worker rights in recipient countries. (E) strengthening the role of the inter- ‘‘(b) REPORTS.—Not later than June 30, ‘‘(10) The amount, rate of interest, and dis- national financial institutions in financial 1999, and annually thereafter, the Comptrol- bursement and repayment schedules of any crisis prevention and management; and ler General of the United States shall pre- funds disbursed from the stabilization fund (F) ensuring appropriate burden-sharing by pare and submit to the committees specified established under section 5302 of title 31, the private sector, particularly commercial in subsection (a) a report on the financial op- United States Code, in the form of loans, banks and financial institutions, in the reso- erations of the Fund during the preceding credits, guarantees, or swaps, in support of lution of crises. year, which shall include— the financial stabilization programs. (2) TIMING.—The Secretary of the Treasury ‘‘(1) the current financial condition of the ‘‘(11) The amount, rate of interest, and dis- shall submit to the Committees on Banking International Monetary Fund; bursement and repayment schedules of any and Financial Services and International Re- ‘‘(2) the amount, rate of interest, disburse- funds disbursed by the International Mone- lations of the House of Representatives and ment schedule, and repayment schedule for tary Fund to the countries in support of the the Committees on Foreign Relations and any loans that were initiated or outstanding financial stabilization programs. Banking, Housing, and Urban Affairs of the during the preceding calendar year, and with ‘‘(b) TIMING.—Not later than October 1, Senate 2 interim reports on the matters de- respect to disbursement schedules, the re- 1998, and semiannually thereafter, the Sec- scribed in paragraph (1), the first of which is port shall identify and discuss in detail any retary of the Treasury shall submit to the due by October 1, 1998, and the second of conditions required to be fulfilled by a bor- Committees on Banking and Financial Serv- which is due on April 1, 1999, and a final re- rower country before a disbursement is ices and International Relations of the port on such matters, which is due on Octo- made; House of Representatives and the Commit- ‘‘(3) a detailed description of whether the tees on Foreign Relations, and Banking, ber 1, 1999. trade policies of borrower countries permit Housing, and Urban Affairs of the Senate a ANNUAL REPORT AND TESTIMONY ON THE STATE free and open trade by the United States and report on the matters described in sub- OF THE INTERNATIONAL FINANCIAL SYSTEM, other foreign countries in the borrower coun- section (a).’’. IMF REFORM, AND COMPLIANCE WITH IMF tries; REPORTS ON REFORMING THE ARCHITECTURE OF AGREEMENTS ‘‘(4) a detailed description of the export THE INTERNATIONAL FINANCIAL SYSTEM SEC. 611. Title XVII of the International policies of borrower countries and whether SEC. 610. (a) FINDINGS.—The Congress finds Financial Institutions Act (22 U.S.C. 262r– the policies may result in increased export of that, in order to ensure that the Inter- 262r-2) is further amended by adding at the their products, goods, or services to the national Monetary Fund does not become end the following: United States which may have significant the global lender of last resort to private adverse effects on, or result in unfair trade sector corporations and financial institu- ‘‘SEC. 1705. ANNUAL REPORT AND TESTIMONY ON THE STATE OF THE INTERNATIONAL practices against or affecting United States tions, and in order to help prevent future companies, farmers, or communities; threats to the international financial sys- FINANCIAL SYSTEM, IMF REFORM, AND COMPLIANCE WITH IMF AGREE- ‘‘(5) a detailed description of any condi- tem, the Secretary of the Treasury and the MENTS. tions of International Monetary Fund loans Chairman of the Board of Governors of the which have not been met by borrower coun- Federal Reserve System, working with their ‘‘(a) REPORTS.—Not later than October 1 of tries, including a discussion of the reasons counterparts in other countries and with each year, the Secretary of the Treasury why such conditions were not met, and the international organizations as appropriate, shall submit to the Committee on Banking should— and Financial Services of the House of Rep- actions taken by the International Monetary (1) seek to establish a broad set of inter- resentatives and the Committee on Foreign Fund due to the borrower country’s non- national transparency principles on account- Relations of the Senate a written report on compliance; ing and disclosure policies and practices cov- the progress (if any) made by the United ‘‘(6) an identification of any borrower ering, in particular, private sector financial States Executive Director at the Inter- country and loan on which any loan terms or organizations; national Monetary Fund in influencing the conditions were renegotiated in the preced- (2) promote improvements in the provision International Monetary Fund to adopt the ing calendar year, including a discussion of by both borrowers and lenders of timely and policies and reform its internal procedures in the reasons for the renegotiation and any comprehensive aggregate information on the manner described in section 1503. new loan terms and conditions; and ‘‘(7) a specification of the total number of cross-border financial stocks and flows; ‘‘(b) TESTIMONY.—After submitting the re- (3) seek an international accord establish- port required by subsection (a) but not later loans made by the International Monetary ing uniform minimum standards with re- than October 31 of each year, the Secretary Fund from its inception through the end of spect to robust banking and supervisory sys- of the Treasury shall appear before the Com- the period covered by the report, the number tems, which individual countries should be mittee on Banking and Financial Services of and percentage (by number) of such loans required to meet as a condition for the estab- the House of Representatives and the Com- that are in default or arrears, and the iden- lishment of subsidiaries, branches, or other mittee on Foreign Relations of the Senate tity of the countries in default or arrears, offices of banking institutions from their and present testimony on— and the number of such loans that are out- countries in the jurisdictions of the coun- ‘‘(1) any progress made in reforming the standing as of the end of period covered by tries participating in the accord; International Monetary Fund; the report and the aggregate amount of the (4) immediately initiate with appropriate ‘‘(2) the status of efforts to reform the outstanding loans and the average yield representatives of the countries that are international financial system; and (weighted by loan principal) of the historical members of the International Monetary ‘‘(3) the compliance of countries which and outstanding loan portfolios of the Inter- Fund discussions aimed at securing national have received assistance from the Inter- national Monetary Fund.’’. treatment for United States investors in national Monetary Fund with agreements SHORT TITLE such countries; and made as a condition of receiving the assist- SEC. 613. Sections 605 through 613 of this (5) seek to establish internationally ac- ance.’’. title may be cited as the ‘‘International ceptable bankruptcy standards and should AUDITS OF THE INTERNATIONAL MONETARY Monetary Fund Reform and Authorization work particularly to have International FUND Act of 1998’’. Monetary Fund recipient countries adopt The CHAIRMAN. No amendment to such standards. SEC. 612. Title XVII of the International (b) REPORTS.— Financial Institutions Act (22 U.S.C. 262r– the bill shall be in order except pro (1) IN GENERAL.—The Secretary of the 262r-2) is further amended by adding at the forma amendments for the purpose of Treasury shall prepare 3 reports on progress end the following: debate, amendments printed in the September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7977

CONGRESSIONAL RECORD, and amend- (b) DUTIES.— other conveyances of the Armed Forces of ments printed in House Report 105–725. (1) IN GENERAL.—The commission shall the United States when travel is necessary The amendments printed in the re- consider issues relating to international ter- in the performance of a duty of the commis- port may be offered only by a Member rorism directed at the United States as fol- sion except when the cost of commercial lows: transportation is less expensive. designated in the report, shall be con- (A) Review the laws, regulations, policies, (C) The members of the commission may sidered read, shall be debatable for the directives, and practices relating to be allowed travel expenses, including per time specified in the report, equally di- counterterrorism in the prevention and pun- diem in lieu of subsistence, at rates author- vided and controlled by the proponent ishment of international terrorism directed ized for employees of agencies under sub- and an opponent, shall not be subject towards the United States. chapter I of chapter 57 of title 5, United to amendment except as specified in (B) Assess the extent to which laws, regu- States Code, while away from their homes or the report, and shall not be subject to lations, policies, directives, and practices re- regular places of business in the performance lating to counterterrorism have been effec- of services for the commission. a demand for division of the question. tive in preventing or punishing international The Chairman of the Committee of (D)(i) A member of the commission who is terrorism directed towards the United an annuitant otherwise covered by section the Whole may postpone a request for a States. At a minimum, the assessment 8344 of 8468 of title 5, United States Code, by recorded vote on any amendment and should include a review of the following: reason of membership on the commission may reduce to a minimum of 5 minutes (i) Evidence that terrorist organizations shall not be subject to the provisions of such the time for voting on any postponed have established an infrastructure in the section with respect to membership on the question that immediately follows an- western hemisphere for the support and con- commission. other vote, provided that the time for duct of terrorist activities. (ii) A member of the commission who is a (ii) Executive branch efforts to coordinate member or former member of a uniformed voting on the first question shall be a counterterrorism activities among Federal, minimum of 15 minutes. service shall not be subject to the provisions State, and local agencies and with other na- of subsections (b) and (c) of section 5532 of AMENDMENT NO. 5 OFFERED BY MR. WOLF tions to determine the effectiveness of such such title with respect to membership on the Mr. WOLF. Mr. Chairman, I offer an coordination efforts. commission. amendment. (iii) Executive branch efforts to prevent (5) STAFF AND ADMINISTRATIVE SUPPORT.— The CHAIRMAN. The Clerk will des- the use of nuclear, biological, and chemical (A) The chairman of the commission may, weapons by terrorists. ignate the amendment. without regard to civil service laws and reg- (C) Recommend changes to ulations, appoint and terminate an executive The text of the amendment is as fol- counterterrorism policy in preventing and lows: director and up to 3 additional staff members punishing international terrorism directed as necessary to enable the commission to Amendment No. 5 printed in House Report toward the United States. perform its duties. The chairman of the com- 105–725 offered by Mr. WOLF: (2) REPORT.—Not later than 6 months after mission may fix the compensation of the ex- At the end of the bill, insert after the last the date on which the Commission first ecutive director and other personnel without meets, the Commission shall submit to the section (preceding the short title) the follow- regard to the provisions of chapter 51, and President and the Congress a final report of ing: subchapter III of chapter 53, of title 5, United the findings and conclusions of the commis- TITLE VII—ADDITIONAL GENERAL States Code, relating to classification of po- sion, together with any recommendations. PROVISIONS sitions and General Schedule pay rates, ex- (c) ADMINISTRATIVE MATTERS.— NATIONAL COMMISSION ON TERRORISM cept that the rate of pay may not exceed the (1) MEETINGS.— SEC. 701. (a) ESTABLISHMENT OF NATIONAL (A) The commission shall hold its first maximum rate of pay for GS–15 under the COMMISSION ON TERRORISM.— meeting on a date designated by the Speaker General Schedule. (1) ESTABLISHMENT.—There is established a of the House which is not later than 30 days (B) Upon the request of the chairman of national commission on terrorism to review after the date on which all members have the commission, the head of any department counter-terrorism policies regarding the pre- been appointed. or agency of the Federal Government may vention and punishment of international (B) After the first meeting, the commission detail, without reimbursement, any person- acts of terrorism directed at the United shall meet upon the call of the chairman. nel of the department or agency to the com- States. The commission shall be known as (C) A majority of the members of the com- mission to assist in carrying out its duties. ‘‘The National Commission on Terrorism’’. mission shall constitute a quorum, but a The detail of an employee shall be without (2) COMPOSITION.—The commission shall be lesser number may hold meetings. interruption or loss of civil service status or composed of 15 members appointed as fol- (2) AUTHORITY OF INDIVIDUALS TO ACT FOR privilege. ERMINATION OF OMMISSION lows: COMMISSION.—Any member or agent of the (d) T C .—The com- (A) Five members shall be appointed by the commission may, if authorized by the com- mission shall terminate 30 days after the President from among officers or employees mission, take any action which the commis- date on which the commission submits a of the executive branch, private citizens of sion is authorized to take under this section. final report. (e) FUNDING.—There are authorized to be the United States, or both. Not more than 3 (3) POWERS.— appropriated such sums as may be necessary members selected by the President shall be (A) The commission may hold such hear- to carry out the provisions of this section. members of the same political party. ings, sit and act at such times and places, (B) Five members shall be appointed by the take such testimony, and receive such evi- The CHAIRMAN. Pursuant to House Majority Leader of the Senate, in consulta- dence as the commission considers advisable Resolution 542, the gentleman from tion with the Minority Leader of the Senate, to carry out its duties. Virginia (Mr. WOLF) and a Member op- from among members of the Senate, private (B) The commission may secure directly posed each will control 10 minutes. citizens of the United States, or both. Not from any agency of the Federal Government The Chair recognizes the gentleman more than 3 of the members selected by the such information as the commission consid- from Virginia (Mr. WOLF). Majority Leader shall be members of the ers necessary to carry out its duties. Upon (Mr. WOLF asked and was given per- same political party and 3 members shall be the request of the chairman of the commis- mission to revise and extend his re- members of the Senate. sion, the head of a department or agency marks.) (C) Five members shall be appointed by the shall furnish the requested information expe- Mr. WOLF. Mr. Chairman, I will not Speaker of the House of Representatives, in ditiously to the commission. use that time. I want to thank first of consultation with the Minority Leader of the (C) The commission may use the United House of Representatives, from among mem- States mails in the same manner and under all the gentleman from Alabama (Mr. bers of the House of Representatives, private the same conditions as other departments CALLAHAN), chairman, and the gen- citizens of the United States, or both. Not and agencies of the Federal Government. tleman from New York (Mr. GILMAN), more than 3 of the members selected by the (4) PAY AND EXPENSES OF COMMISSION MEM- chairman, for their help and support. Speaker shall be members of the same politi- BERS.— Also, I want to thank the staff for their cal party and 3 members shall be members of (A) Subject to appropriations, each mem- help and support in shaping this the House of Representatives. ber of the commission who is not an em- amendment. (D) The appointments of the members of ployee of the government shall be paid at a It would set up a national commis- the commission should be made no later rate not to exceed the daily equivalent of the sion of 15 members on tourism to take than 3 months after the date of the enact- annual rate of basic pay prescribed for level a close look at the national ment of this Act. IV of the Executive Schedule under section counterterrorism policies and rec- (3) QUALIFICATIONS.—The members should 5315 of title 5, United States Code, for each have a knowledge and expertise in matters day (including travel time) during which ommend if anything more should be to be studied by the commission. such member is engaged in performing the done to deal with this issue, particu- (4) CHAIRMAN.—The chairman of the com- duties of the commission. larly nuclear, chemical, and biological. mission shall be elected by the members of (B) Members and personnel for the com- This would be a bipartisan effort the commission. mission may travel on aircraft, vehicles, or with the efforts that have taken place H7978 CONGRESSIONAL RECORD — HOUSE September 17, 1998 in the bombings that have taken place tant for this body to have an oppor- ist agenda in Russia and that subject is both in Tanzania and Kenya, going all tunity to discuss the funding for the probably the most important issue we the way back to the Beirut Embassy in International Monetary Fund. I believe could be discussing here, with the pos- 1983 and the marine barracks of that that the timing on it is appropriate. sible exception of the legislation re- year. It was one year ago that we stood garding North Korea that is in this I think this would be a very healthy here to talk about the IMF. The matter bill. positive thing to do. It would take 6 was tied to the international family In conclusion, I would say that I hope months. By the time Congress was planning issue, and, therefore, the that the chairman will not sustain the back early next year, hopefully this funding did not occur but we were as- point of order if indeed it is offered, be- commission will have finished its sured that this would probably take cause the effects to the American crisis work. place in February. Then it was going to have been felt, as I said before, by the So I will not take any more time, but be in the spring and here we are one American farmer and that should dem- I know there are many other amend- full year later. onstrate to all of us that this is not a ments that people want to offer and Secretary Rubin wrote in July to foreign give-away. would just ask for support of this bill. Congress indicating that the IMF has I remind my colleagues that this is Mr. Chairman, I yield back the bal- only $7 billion to $12 billion in usable not scored, this is not money that is an ance of my time. quota resources and its available credit opportunity cost for us in the budget. The CHAIRMAN. Does the gentle- lines have been reduced to $14.2 billion. This is money for which we receive a Recent GAO reports on this confirm woman from California (Ms. PELOSI) credit and a reserve when we put forth the validity of the secretary’s state- rise to claim the time in opposition to our funding. ment, and since Mr. Rubin’s July let- the gentleman’s amendment? It is a loan. This is not a grant in aid. ter, the matters have gotten worse. Ms. PELOSI. Mr. Chairman, I would It is not an opportunity cost. It is an like to speak in favor of the amend- I would remind Members again that we have needed this replenishment for opportunity for us. In any event, I am ment and I ask unanimous consent to one year. Since that time, the condi- not speaking to persuade anyone one claim the time in opposition. tion of the world markets has deterio- way or the other on the IMF. My point The CHAIRMAN. Is there objection rated drastically and we have recently is that this issue should appropriately to the request of the gentlewoman seen the effects that are now being felt be debated on this floor, and I would from California? in our own financial markets. hope that the point of order, if offered, There was no objection. That is my view. I also know that would not be sustained. The CHAIRMAN. The Chair recog- many of my colleagues have a different The CHAIRMAN. Does the gentleman nizes the gentlewoman from California view about the IMF and I believe that from Alabama (Mr. CALLAHAN) insist (Ms. PELOSI) for 10 minutes. as the world is being impacted by the on his point of order? Ms. PELOSI. Mr. Chairman, I yield Asian economic crisis, that it is appro- Mr. CALLAHAN. Mr. Chairman, I myself such time as I may consume. priate for our House of Representatives still reserve my point of order. Mr. Chairman, I am not opposed to to have a debate on this issue. The CHAIRMAN. The gentleman con- the gentleman’s resolution. I thank Replenishment of the IMF, in my tinues to reserve his point of order. him for his leadership on this and am view, has been critical to protecting Mr. CALLAHAN. Mr. Chairman, I pleased to support the gentleman’s leg- our own economy. The fundamentals of move to strike the last word. islation. our economy remain strong but I would Mr. Chairman, I would like at this Mr. CALLAHAN. Mr. Chairman, will point out to Members that U.S. exports time to speak and explain the situation the gentlewoman yield? to Asia have already declined by 20 per- we are in today. Ms. PELOSI. I am pleased to yield to cent, which amounts to a $22 billion the gentleman from Alabama. loss to our economy on an annualized b 1445 Mr. CALLAHAN. Mr. Chairman, I basis. Farmers have been especially Mr. Chairman, the comments that rise in strong support of the amend- hard hit. ment of the gentleman from Virginia The trade deficit is expected to sky- the gentlewoman from California (Ms. to create this bipartisan commission rocket to the $250 billion to $300 billion PELOSI) made certainly make a lot of on terrorism. range this year. We must not leave sense. The complexity of the Inter- The idea is right on target and I am town without giving the administra- national Monetary Fund and the com- prepared to accept his amendment. tion the tools it needs to protect Amer- plexity of international finance, quite Ms. PELOSI. Mr. Chairman, I yield ican workers, businesses and farmers. frankly, is far above the pay grade of back the balance of my time. The debate on IMF is focused pri- the average Member of the U.S. House The CHAIRMAN. The question is on marily on the reforms necessary within of Representatives. Yes, we try to learn the amendment offered by the gen- the institution, the mistakes made in as much as we possibly can about tleman from Virginia (Mr. WOLF). certain countries and blaming the in- international finance. We have to rely The amendment was agreed to. stitution for not anticipating the glob- upon the administrative branch of gov- AMENDMENT NO. 28 OFFERED BY MS. PELOSI al crisis we are now in. I believe, as I ernment to give us information to jus- Ms. PELOSI. Mr. Chairman, I offer said earlier, that we must subject the tify whether or not we will give the ex- an amendment. IMF practices to the harshest scrutiny: perts on foreign policy and the experts The Clerk read as follows: Moral hazard, conditionality, need for on the international monetary system Amendment No. 28 offered by Ms. PELOSI: more transparency. the necessary monies. On page 110, after line 15, insert: But as I said also before, the issue of Mr. Chairman, I would say to the UNITED STATES QUOTA IN THE INTERNATIONAL contagion to our economy trumps all gentlewoman from California, very MONETARY FUND other concerns. We have a responsibil- likely they are correct. It is far above For an increase in the United States quota ity to the American worker. my pay grade, because my intellect in the International Monetary Fund, the dol- With respect to individual countries, level compared with the average Mem- lar equivalent of 10,622,500,000 Special Draw- I would say that certainly in the case ber of Congress is below average. ing Rights, to remain available until ex- of Thailand and Korea, progress has Ms. PELOSI. Mr. Chairman, I object. pended. been made and reforms continue to Mr. CALLAHAN. I will first of all say Mr. CALLAHAN. Mr. Chairman, I re- take place in their economies. Russia, that it is a very complex. serve a point of order on the amend- of course, is a special case and we know Mr. OBEY. Mr. Chairman, I demand ment of the gentlewoman from Califor- that Indonesia is still suffering and the gentleman’s words be taken down. nia (Ms. PELOSI). trying to democratize. Whether each of Ms. PELOSI. Mr. Chairman, the gen- The CHAIRMAN. The gentleman these countries is included in the IMF tleman should not forget, he is my from Alabama (Mr. CALLAHAN) reserves replenishment funding, again should be leader. He should not say those things a point of order. a subject for debate for this floor. about himself. Ms. PELOSI. Mr. Chairman, as I have Essentially, the IMF was taking a Mr. CALLAHAN. Mr. Chairman, very said before, I believe that it is impor- risk on the government and its reform- seriously, there are people on both September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7979 sides of this issue that I greatly re- mental resources and protection. My Mr. CALLAHAN. Mr. Chairman, I spect. I respect George Shultz. I re- amendment would have required the continue to reserve my point of order. spect the gentlewoman from Califor- International Monetary Fund to review Mr. WELDON of Pennsylvania. Mr. nia. I respect a lot of people. But proposed loans for their environmental Chairman, I move to strike the req- George Shultz says do not give them impact. uisite number of words. anything. I respect Bob Rubin and he In 1989 and 1992, Congress passed laws (Mr. WELDON of Pennsylvania asked says give them the entire 18 billion. telling the IMF to consider the envi- and was given permission to revise and And I respect Alan Greenspan. He says ronmental impacts of its policy. Unfor- extend his remarks.) give them the 18 billion. tunately, IMF has not done so and the Mr. WELDON of Pennsylvania. Mr. But I also respect the views of the results have been disastrous in Indo- Chairman, I was prepared to offer an people I represent and the Members of nesia and many other countries. amendment, but because I have sought the U.S. House of Representatives who In many cases with the IMF, one of the cooperation of the distinguished are questioning this. They are ques- the solutions that they pose to these gentleman from Alabama (Chairman tioning whether or not we are doing countries is to export their way out of CALLAHAN) of the subcommittee, as the right thing under the cir- their difficulties. Not only does this well as the chairman of the full com- cumstances in past history. provide severe competition to Amer- mittee on this issue, I am pleased to IMF has a good historical record with ican jobs and manufacturing, but in stand today in the hopes of engaging in respect to monies being paid back. But many instances it enhances the envi- a colloquy regarding IMF funding to we are reaching a stage of no return, a ronmental degradation that takes Russia. different type of global economy that place in many of these countries, be- Mr. Chairman, I stand in support of is causing concerns to our constituents cause much of what they have to ex- IMF funding replenishment for Russia. and they want to know why there is port are resources that are extractive And I know that is not a popular deci- sion to make. I do so with the same not more transparency. They want to in nature. concerns that members of the Russian know why we do not have more control We have seen the disasters of the Duma, their Parliament, have in also over the activities of the International fires in Indonesia. We have seen the at this time opposing IMF funding. Monetary Fund, since we are putting in disasters in Guyana and other coun- Their concerns are that much of the nearly 18 percent of their revenues. tries where they have rushed to export dollars going into Russia through the And they have requested that we in- these materials without regard to the World Bank and IMF, and in some struct the International Monetary environmental impacts, and the same countries have later suffered environ- cases U.S. funding, have gone into the Fund to change directions of the past. black hole of some of the oligarchs in We are not sufficiently prepared mental disasters as a result of those Moscow who have not used the money today to address these very serious policies. Specifically, my amendment would properly. In fact, the people in Russia concerns. Maybe sometime during this have required the IMF to establish an are very concerned about having to pay process we will be, but there is not environmental review process on all back many of these loans. going to be any money appropriated by proposed loans before implementation; But just 2 weeks ago, in fact the day this House in addition to the $3.5 bil- require the IMF to take into account the President left Moscow, I arrived. lion we have already given until such the cost of unsustainable natural re- And as the chairman of the Inter-Par- time as serious reforms are attached or source use; require that IMF loan liamentary Commission on our side, serious assurances of reforms have in- agreements do not reduce or undermine along with the gentleman from Mary- deed passed this body and through the the country’s environmental standards; land (Mr. HOYER), I negotiated with the conference. and, require that environmental re- factions in the Russian Duma and came I am willing to work with the gentle- views be made available to the public. away with a set of eight principles. woman from California. I know the im- This is consistent what this commit- These eight principles, I think, are his- portance of it. I do not want to do any- tee has done with respect to other toric. thing to disrupt our economy. I know international lending institutions. The What they say that the Duma will that it does create some peril. I know gentlewoman from San Francisco (Ms. pass, according to Speaker Seleznyov, that Russia is not a good example of PELOSI) has been a very strong pro- are reforms that say reforms must what we do with International Mone- ponent of making sure that environ- come first. Besides reforms coming tary Fund financing. I know that mental impacts are part of the policies first, the regions that have made sig- Brazil might be in need in the next few of the World Bank and other multilat- nificant progress in terms of private weeks, whereby it will be justifiable. eral lending institutions, and the same property issues and stabilization of tax But at this time, I am not prepared to ought to be true of the IMF. bases should be given consideration for accept it and I am going to insist in a There are many, many other reforms international funding. few minutes on my point of order. that the gentleman from Alabama has All programs should be aimed at de- The CHAIRMAN. The gentleman referred to that have caused our con- veloping a middle class. There should from Alabama (Mr. CALLAHAN) contin- stituents a great deal of concern, and be a bilateral commission formed be- ues to reserve his point of order. that is why I wish the Committee on tween the Congress and the Parliament Mr. MILLER of California. Mr. Chair- Rules had made in order some 12 or 14 to monitor every dollar of money going man, I move to strike the requisite amendments that were being offered by into Russia. The IMF should establish number of words. individuals on both sides of this debate. a blue ribbon international task force Mr. Chairman, I am truly sorry that Our constituents are watching this de- that should make recommendations to Members were not allowed to offer bate. They are concerned about the use the IMF about reforming itself. amendments dealing with the IMF. I of these resources, and they are con- There should be a program designed think the points made both by the gen- cerned about the international econ- by the Congress and the Duma to bring tleman from Alabama (Mr. CALLAHAN), omy as it affects the United States. We American corporate leaders to Russia chairman of the subcommittee, and by should be debating that on the floor of to assist and advise Russian companies the gentlewoman from California (Ms. the House. that are currently on the brink of PELOSI), the ranking member, are abso- Unfortunately, we will not have that bankruptcy. lutely the reasons why we should have opportunity. I want to thank the gen- Finally, that within 3 years we estab- had an opportunity to debate the fund- tleman from Alabama (Mr. CALLAHAN), lish an initiative to bring up the 15,000 ing level for the IMF. the subcommittee chairman, for with- Russian students to American business Mr. Chairman, I also find myself in a holding on insisting upon his point of schools to learn the ways of free mar- lot of agreement with what the gen- order, and I thank him for the oppor- ket systems. tleman from Alabama has said. I also tunity to raise this issue to our col- The Duma, in fact, will pass this. I wanted to offer an amendment to deal leagues. am asking my colleagues on the con- with the questions of the IMF funding The CHAIRMAN. Does the gentleman ference to agree with this. policies with respect to their negative from Alabama (Mr. CALLAHAN) wish to And I would like to at this time yield impacts that they have had on environ- make his point of order at this time? to the distinguished gentleman from H7980 CONGRESSIONAL RECORD — HOUSE September 17, 1998

Alabama (Mr. CALLAHAN) the chairman Part of the deal was that we were countries receiving aid to liberalize of the subcommittee, to ask if he in going to vote on the floor of the House trade to the benefit of US agriculture. fact would work with me in the con- on both of these very controversial Korea has streamlined import certifi- ference process. issues. Both of them; not one of them. cation and just last week announced Mr. CALLAHAN. Mr. Chairman, I It is my considered judgment today further reductions in trade barriers on thank the gentleman for yielding to that this action on the part of the lead- 32 imported products, including wheat me. I do agree that the direction that ership of the House to deny a free up- and fertilizer. Indonesia is reforming he has taken is correct. I have reviewed or-down vote on the IMF is the death its State Trading Enterprise. Thailand the eight platforms of his suggested re- knell to the fast track vote next week. is adopting harmonized import licens- form and certainly think this is the The fault will lie right squarely here in ing procedures and establishing more exact correct direction to move in. I the House, because we once again have transparent customs valuation proce- certainly will do everything I can to refused to have an open and honest de- dures. instruct the committee, or to request bate on issues on which we have some Yes, there are problems but, yes, the committee when we reach that disagreement. there are also good things happening. stage, to implement many of the deci- The last colloquy made good, emi- What I am worried about now is we sions. nent sense to me. I think that is the have once again reneged, that is the I must forewarn the gentleman that kind of reasoned approach to many of word we use back home in Texas, we the corrections and reforms that the these issues that we should be follow- reneged on an agreement. That is trou- gentleman has only deal with Russia, ing, but it should not be misinterpreted bling because that is not what the and there are serious concerns in this to say that we can pick and choose House Committee on Agriculture, both Congress and on the part of this Mem- these discussions in debate and pick sides of the aisle, understood. We un- ber about reforms for the entire Inter- and choose what we shall have debated derstood that we were, in fact, going to national Monetary Fund program. openly and honestly, and still have the But, Mr. Chairman, the gentleman is have an open and honest debate on IMF other decision that is so vital to agri- moving in the right direction. I think and let the will of the House speak and culture, and that is fast track. this is exactly the right thing to do, then have an open and honest debate That is very controversial on my side and I am going to suggest that we re- on fast track and let the will of the of the aisle. There are just a few of us view the eight platforms of his agree- House speak. And by this action today on this side that do support it, but ment with the Russian Duma and that of denying an opportunity for this free there are enough of us that do support we try to implement or to urge the and open debate, we have, in my opin- it. In fact, I have said with my one vote International Monetary Fund, or at ion, served a giant nail in the coffin of alone is enough to pass fast track next least urge the Secretary of the Treas- not only IMF but also fast track next week if we bring it up. ury to insist that the International week. But let me say this: By delaying IMF Monetary Fund recognize how impor- The CHAIRMAN. The gentleman funding, we are playing with fire. We tant it is to include these two bodies. from Alabama (Mr. CALLAHAN) contin- Mr. WELDON of Pennsylvania. Mr. know this. Specifically speaking to ag- ues to reserve his point of order. Chairman, reclaiming my time, I thank riculture, 40 percent of our agricultural Mr. LIVINGSTON. Mr. Chairman, I my friend and colleague and I also exports now go to emerging markets. move to strike the requisite number of thank the distinguished gentleman What is happening in those emerging words. from Louisiana (Mr. LIVINGSTON), markets is seriously affecting agri- Mr. Chairman, I heard the somewhat chairman of the full Committee on Ap- culture in the United States. vitriolic outcry from my friend from propriations for the past advice and We have the worst economic condi- Texas about the failure of including counsel he has given me in this area. tions in rural America since the De- the entire amount of IMF in this bill, And I thank the gentlewoman from pression. I ask every one of my col- but the fact is, I do not think he quite California (Ms. PELOSI) for her coopera- leagues here, if they take their average understands what is in this bill. There tion and I look forward to working wage and that of their constituents for is funding of $3.4 billion for IMF in this with her as well. the last 5 years and reduce it by 30 per- bill. There are conditions to make the Ms. PELOSI. Mr. Chairman, if the cent this year, what would the eco- IMF more responsive in this bill. There gentleman would yield, I thank him nomic conditions be in their family? is authorization for the full $18 billion and look forward to working with him. That is what we are, in fact, facing. in this bill. The Senate, the other body, The CHAIRMAN. The gentleman IMF is critical for so many agricul- has included the entire funding. from Alabama (Mr. CALLAHAN) contin- tural programs. Sure, there are warts, Before this process is over, either all ues to reserve his point of order. and I really appreciate and I sincerely of IMF could be in, part of IMF could Mr. STENHOLM. Mr. Chairman, I accept what the gentleman from Ala- be in, or some of IMF could be in. The move to strike the requisite number of bama has said, as well as the chairman process is not over. words. of the full committee, regarding this I am curious about the gentleman’s Mr. Chairman, I thank the gentleman question. But when the House is burn- statement that the failure to include from Alabama (Mr. CALLAHAN) for in- ing, it is not the time to debate what the entire amount of IMF in this bill dulging another 5 minutes to give a lit- color the fire truck shall be. means that fast track is dead. It occurs tle different perspective to this discus- The financial crisis could spread. We to me that fast track was on this floor sion today. have been eminently warned by no less one year ago and the minority party Before the Fourth of July recess, I than Alan Greenspan, chairman of the voted overwhelmingly against fast stood behind the Speaker of the House Federal Reserve; by the Treasurer of track. and many other of my colleagues, in- the United States, Mr. Rubin, who I be- If the gentleman would like me to cluding the chairman of the Committee lieve has great confidence on both sides yield to him, I would be happy to yield on Agriculture, when we endorsed what of the aisle. And yet, once again, we to him, I would like him to tell me why we called a Square Deal for Agri- are playing politics with two extremely the minority, if it is so important that culture, recognizing that one of the important issues. promises of the Freedom to Farm Act we pass IMF in order to get to fast b was to provide that we would do every- 1500 track, why most of the minority Mem- thing within our power in the House of IMF is critical to USDA export credit bers voted against fast track last time Representatives to make sure that for- programs, liberalization of agricultural and, when we bring it up next week, is eign markets would, in fact, be open. markets. There are a lot of successes. likely to vote against it again? We were promised that we would There have been some problems with Mr. STENHOLM. Mr. Chairman, will have a vote on the Square Deal and we IMF. I readily agree to that. But there the gentleman yield? have had two of those. The sanctions have also been some successes. Mr. LIVINGSTON. I yield to the gen- vote, and the normal trade relations IMF has helped U.S. farmers and tleman from Texas. with China have passed. We lack IMF ranchers by using the IMF rescue pack- Mr. STENHOLM. If memory serves and fast track. ages to reach agreements requiring the me correctly, Mr. Chairman, we did not September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7981 vote last year. I have expressed pub- international financial institutions and bility, Chubais replied: ‘‘In such situations, licly and I will say again to the gen- the IMF so that we would have some the authorities have to do it. We ought to. tleman in all sincerity, had the leader- ability to stabilize economic relation- The financial institutions understand, de- ship of the House chosen to bring it to ships between countries, so we would spite the fact that we conned them out of $20 billion, that we had no other way out.’’ a vote, we would have passed it with not have the conditions repeat them- Chubais’ comments came as Russia is the required number of votes on both selves that led to the political instabil- searching for a solution to the economic cri- sides of the aisle to get 218 votes, but, ity that led to the military actions sis that has paralyzed commerce, pushed once again, for some reason, we chose that led to the human devastation that banks to the verge of bankruptcy and sent not to allow the will of the people’s we saw in that period in our history. the currency, the ruble, plunging in value al- elective body to express themselves. At this point, imperfect though the most daily to record lows. We did not vote, Mr. Chairman. IMF is, it is the only instrument we Triggered by the devaluation of the ruble Mr. LIVINGSTON. Reclaiming my have to try to recognize the fact that on Aug. 17, the economic collapse has currencies have collapsed in Asia, that sparked a political crisis that has left the time, Mr. Chairman, the gentleman is country without a functioning government correct, we did not vote for fear that our export markets for agriculture and for more than two weeks. Yeltsin, twice un- there were not sufficient votes and it other products have collapsed. That able to win parliamentary confirmation of was deemed to be an embarrassment to has, in turn, helped create greater in- his nominee for prime minister, Viktor S. the President for his own party to vote stability in the Soviet Union. We have Chernomyrdin, met with advisors Tuesday against it. So he is right. seen great uncertainty in Latin Amer- but did not name a candidate for the post. If we bring up fast track next week, ican markets. How long do Members of Some Russian officials say that obtaining and it is my sincere hope that we will, this House think we can survive as an more foreign aid would be the best way to island of economic success in a world of halt the economic slide. The IMF is sched- I hope that the gentleman will work uled to release another $4.3-billion loan next with Members of his party so that we economic chaos? The answer is, not week, but the payment is in doubt because of will have sufficient votes to vote for very long. Russia’s inability to enact austerity meas- fast track and that that will cease to Mr. LIVINGSTON. Mr. Chairman, ures and its decision to devalue the ruble and be an issue. will the gentleman yield? freeze payments on short-term government With respect to IMF, I am sure that Mr. OBEY. I yield to the gentleman debt. the gentleman will have an oppor- from Louisiana. Chubais’ statements to the respected busi- Mr. LIVINGSTON. Mr. Chairman, I ness newspaper were especially startling be- tunity to vote on IMF beyond what appreciate my friend yielding to me. I cause he has been widely viewed as one of that which is already in this bill. want to tell him that I concede most of Russia’s ‘‘young reformers,’’ who could be Mr. OBEY. Mr. Chairman, I move to trusted by the West because he favored es- strike the requisite number of words. the points that he has made. I agree with him and for many of the same rea- tablishing a market economy. Mr. Chairman, I think the remarks of He has served Yeltsin in numerous capac- our distinguished committee chairman sons. I may ultimately support the ities, including privatization chief, presi- have really revealed what the situation IMF. But the question is, which comes dential chief of staff, deputy prime minister, is here today, because he has granted first, the chicken or the egg? campaign manager and, most recently, spe- The fact is world instability was not that these funds are authorized. And I cial envoy to Western lending institutions. created because this last tranche of During the years Chubias and his fellow would simply say that the only thing U.S. participation in the IMF has been free-market advocates have been in power, that is holding this up, in my view, is withheld this last year. And as the gen- privatization has resulted in a handful of ty- that the majority party continues to tleman well knows, the day we re- coons seizing control of the country’s major try to exercise political leverage on the ported this bill in full committee, the industries while millions of workers and pen- sioners go for months at a time without White House to obtain certain things Los Angeles Times had a front page ar- they want, running the risk that our being paid. ticle about Anatoly Chubais, former Chubais is chief executive of the state- position in the world economy is going economic guru of Russia, who said, we to become a whole lot shakier than it owned electricity monopoly Unified Energy conned the IMF and the United States Systems. is today. out of $20 billion. He used the words, This summer, as Russia’s economic woes We have heard many criticisms about we conned, we managed to scam them mounted, Chubais played a crucial role in the IMF and certainly many Members to give us the money so that we could winning a pledge of $22.6-billion in loans on this side of the aisle have made from the IMF, the World Bank and Japan. sustain our failing system. many criticisms, including myself. I The lenders insisted that Russia make seri- It is not the IMF’s fault that Russia ous changes in the management of its gov- recognize that the IMF is not sufficient system is failing. I think we, as stew- today to deal with our international ernment and the economy, including improv- ards of the American taxpayers’ ing tax collection and slashing spending. economic challenges. The IMF was cre- money, owe it to them not to allow But Russia’s desperate need for cash led ated in a world of fixed exchange rates. anybody to con us and throw our the IMF in July to release the $4.8-billion Today we do not have fixed exchange money down a rat hole. loan negotiated by Chubais, although Russia rates. The IMF was created at a time Mr. Chairman, I include for the had not met the loan conditions. Earlier, the IMF had loaned Russia $14.3 billion. when we had much smaller private cap- RECORD the article to which I referred: In Washington, spokesmen for the IMF and ital flows than we have today. Today [From the Los Angeles Times, 1998] private capital flows when somebody the World Bank declined Tuesday to discuss RUSSIA LIED TO OBTAIN LOANS, A CHIEF AIDE Chubais’ statements because they had not punches a computer button that can TO YELTSIN SAYS read the interview, ‘‘I haven’t seen the arti- overwhelm the IMF in many, many (By Richard C. Paddock) cle, so it would be irresponsible for me to parts of the world. MOSCOW—A key architect of Russia’s eco- comment.’’ World Bank spokesman Klas But we have seen the world when we nomic transformation said in a published Bergman said. did not have the IMF. We did not have interview Tuesday that Russia ‘‘conned’’ the Andrei V. Trapeznikov, a spokesman for the IMF in the 1930s. And in the 1930s, international community out of nearly $20 Chubais, tried to put the best spin on the when we had first an Austrian banking billion in loans by lying about the severity Kommersant interview but did not contest collapse, followed in turn by a collapse of the country’s fiscal problems. any of the quotations. In fact, he said, of the currency in Germany. And when Anatoly B. Chubais, who in July nego- Chubais was given a copy of the text before tiated a $4.8-billion loan from the Inter- it was published and did not question they the markets were then in turn de- national Monetary Fund, said in an inter- way in which he was quoted. stroyed in Britain, and that chaos view in Kommersant Daily that it was nec- ‘‘I think this passage should not be inter- came across the water and engulfed the essary and appropriate for Russia to lie in preted as malicious intent,’’ Trapeznikov United States, we had the greatest de- order to obtain infusions of cash. said. ‘‘There was no ill intent on the part of pression in modern history. If the government had told the truth, the Russia to cheat the IMF out of its money.’’ All that happened because of that is longtime advisor to President Boris N. In the interview, Chubais used the Russian that Adolf Hitler came to power, over Yeltsin said in the interview, Russia’s econ- slang word kinuli, which means ‘‘we cheat- ed,’’ Trapeznikov said it was a harsher word 50 million people died in the world, and omy would have collapsed last spring and global lenders ‘‘would have stopped dealing than what Chubais really meant. that is why the ‘‘Wise Men,’’ as they with us forever.’’ ‘‘What works for a Russian audience were known after the end of World War Asked if the Russian government has the sounds very rough in English,’’ he said. ‘‘I II, created institutions such as the right to lie about the country’s fiscal insta- think that Antoly Borisovich [Chubais] used H7982 CONGRESSIONAL RECORD — HOUSE September 17, 1998 a wrong word in this context and did not ex- unfold in the agricultural community stabilize the world’s economic system press himself very clearly.’’ of this country. All across the farm before it costs our constituents jobs. At another point in the Kommersant inter- belt agriculturalists lists are in dire The CHAIRMAN. The time of the view, Chubais defended Yeltsin’s statement circumstances. Why? For a number of gentleman from Wisconsin (Mr. OBEY) just days before the government devalued the ruble that it would never do so. reasons, principal among them is the has again expired. ‘‘One can keep lashing out at the president fact that their markets are beginning (On request of Mr. CALLAHAN, and by to one’s heart’s content for having said there to dry up. Not that we have that many unanimous consent, Mr. OBEY was al- would be no devaluation, but this was the markets in the Far East, but the Aus- lowed to proceed for 3 additional min- very thing that should have been said,’’ tralians do and the Australian market utes.) Chubais told the newspaper. ‘‘Any politician for grain has dried up in the Far East. Mr. CALLAHAN. Mr. Chairman, I in sound mind will tell you this is the only And they are now moving into our continue to reserve my point of order. way, unfortunately, that authorities should markets, as are the Canadians. Mr. Chairman, will the gentleman behave in such extreme situations.’’ And the result of that is that prices yield? Mr. OBEY. Reclaiming my time, I are dropping all around the world for Mr. OBEY. I yield to the gentleman would simply make one observation. agricultural commodities and our from Alabama. Obviously, I agree with the gentle- farmers are suffering. They are going b 1515 man’s concern about that. I am ex- to continue to suffer. If we fail to fund tremely unhappy about that. But I ask the IMF at the appropriate level so Mr. CALLAHAN. I thank the gen- the gentleman to remember the advice that that agency is able to step in and tleman for yielding to me, and I just that we have had from Alan Greenspan begin to stabilize the currencies and want to say that we can debate this all and from virtually every other person economies of these countries, the re- afternoon, and I have been as tolerant with major responsibilities in running percussions are going to redound on as I possibly can be, but we have a lot our economy. They have all urged us to this North American continent next of other important issues that we need pass this. year. We will reap the whirlwind for to talk about today. Ultimately, I am The CHAIRMAN. The time of the our failure to act. very optimistic that the Chair is going gentleman from Wisconsin (Mr. OBEY) We need to get this bill out on the to rule favorably upon my point of has expired. floor. We need a full and comprehen- order. (By unanimous consent, Mr. OBEY sive debate on the International Mone- What the gentleman is saying is not was allowed to proceed for 3 additional tary Fund. Yes, we recognize it is an taken lightly. The gentleman does minutes.) inadequate instrument itself, but it is have validity to his argument, as we Mr. OBEY. Mr. Chairman, I will the only one we have, as the minority have validity to ours. To just give make one additional point. In Russia, leader of the Committee on Appropria- them the keys to the car at this time, within a period of three months, people tions said so many times. without some instruction, is a very se- have lost 85 percent of the value of The CHAIRMAN. The time of the rious mistake. their investments, 85 percent of the gentleman from Wisconsin (Mr. OBEY) We are entering a different global value of the stock market. If that had has again expired. economy. Global economy is something happened in this country today, we (On request of Mr. HINCHEY, and by relatively new. It is relatively poorly would be in the midst of a revolution. unanimous consent, Mr. OBEY was al- understood. But when we look at the It is a minor miracle that they are not. lowed to proceed for 2 additional min- future and see the problems that are They have a few thousand nuclear utes.) going to be taking place in Brazil, and weapons which can very easily be Mr. HINCHEY. Mr. Chairman, if the in our own hemisphere that could more pointed at us. I would suggest to every- gentleman will continue to yield, I directly impact our economy, and when one who cares about the subject that thank the chairman of the subcommit- we look at the new Eurodollar and we the very fact that we have such chaos tee for his forbearance in allowing this try to look into the future to see what in Russia is an argument for strength- discussion to take place. I this he does happens if the Eurodollar fails and ening, not denying, resources to the so because he recognizes the impor- then the IMF has to bail out the entire only instrument we have left to pre- tance of it. He may not be yet con- European Community, we are talking vent that kind of chaos. vinced of the arguments that are being about $50 billion possibly in new needs. Mr. HINCHEY. Mr. Chairman, will presented on this side of the aisle, but So, yes, the gentleman’s arguments the gentleman yield? to his credit and to the credit of the are right. I think that we should pos- Mr. OBEY. I yield to the gentleman chairman of the committee, they rec- sibly look at it. I do not think we from New York. ognize that there is validity to these ought to look at it at this time. And, Mr. HINCHEY. Mr. Chairman, I arguments. as a result, I have not been pressured thank the gentleman for yielding to We are in now a very perilous period by leadership to do anything. This is me. I think that he has made the in our history. So I just beg my col- my bill. It was a bill written by myself points extremely well. I would just add leagues, please give reconsideration to and my staff, confirmed by the gen- that it is becoming increasingly clear, this decision to prevent an adequate tleman and his staff, confirmed by the in spite of all the work that has gone discussion of this. Please give reconsid- entire full committee, and, as a result, into this bill, and we appreciate the eration to the decision not to fund the it is the best we are going to do today. difficulty in balancing all of the things IMF. It is desperately essential that we Mr. OBEY. If the gentleman would that have to be done, the bill remains do so. let me reclaim my time to make one an inadequate instrument to deal with Mr. OBEY. Mr. Chairman, I would observation, I would point out today the economic problems confronting us simply like to say that we just heard that the stock market is down again by in the global community. the committee chairman say, ‘‘Look, I a huge amount. We are in the midst of If we fail to recognize that, we do so may vote with you at some point.’’ In incredible political and economic un- at our peril. We are already beginning fact, I have heard them say, ‘‘We prob- certainty around the world. This Con- to see the impacts of the economic cri- ably will vote with you at some point.’’ gress should not do anything that adds sis in East Asia in the deflation that is The problem is, that is what we have to that uncertainty, creates additional sweeping across that part of the world. been hearing for a year. Every time we shakiness in the markets and creates Just a week ago, representatives from bring this up, we are in essence told, more opportunity for people to lose the steel industry were here in the Cap- well, you may be right, but this is not their hard-earned investments because itol pleading with this government and the right time. we have lagged in meeting our respon- the White House to do something about It is long since past the right time. sibilities. That is what has happened. the fact that steel was being dumped We need to end the leverage or the ef- Mr. CALLAHAN. If the gentleman on our marketplace from East Asia at forts at seeking political leverage. We will continue to yield, we can use all prices below production cost. need to end the debate. We need to end types of comparisons, but while we We heard just a few moments ago the delay. We need to get about the were debating this in committee, the about the tragedy that is beginning to business of doing the best we can to stock market was down, tremendously September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7983 down, and during the period of time we world to deal with this situation, with- And what those high rates are basi- debated it in committee, the stock out adequate resources and with the cally saying is that the marketplace market actually came up about 70 United States having defaulted on its out there asks for a risk premium, in points. leadership. this case a very substantial risk pre- Mr. OBEY. It still dropped a huge The executive branch has stepped up mium, because the private markets amount that day. And I would simply to the plate. The United States Senate, think that they ultimately might not say this Congress has a responsibility our other body, has stepped up to the get paid back. to take any action necessary to try to plate and they have passed authoriza- So what this point of order is simply stabilize the situation rather than con- tion and appropriations legislation doing is saying since we might not get tinuing to contribute to its destabiliza- twice in an overwhelming bipartisan paid back, we ought to watch out for tion. fashion. The House Committee on the taxpayer rather than just handing Mr. CALLAHAN. I agree. Banking and Financial Services has out the IMF money. Mr. Chairman, I reserve my point of stepped up to the plate. In a bipartisan The July piece of debt that was order. I insist on my point of order manner, we began consideration of this issued by the IMF was at 4.5 percent. which I have made against the amend- in January and in a matter of weeks Can my colleagues imagine how giant ment. reported out a bill, with every Demo- that spread is, between 30, 40 or 50 per- The CHAIRMAN. The gentleman crat supporting the authorization and cent interest rate, and where the IMF from Alabama continues to reserve his a considerable majority of the Repub- was? If we want to help shore up Russia point order or insists on his point of licans. So we reported it out by a vote and say we ought to just issue grants, order? of 40 to 9. Forty to 9. issue aid to Russia, that is one thing. Mr. CALLAHAN. I will continue to How shameful, therefore, that the But do not call a loan a loan when, in reserve for a few more minutes. present House leadership has not even essence, it is not a loan, because that is Mr. LAFALCE. Mr. Chairman, I move permitted us the opportunity to bring exactly what we are talking about. And to strike the requisite number of this issue to the floor so that we can that is what that point of order is all words. appropriate the full amount that the about. This is a bit ironic. This issue is of United States has committed itself to. Mr. CALLAHAN. Mr. Chairman, I such import that we could debate it for The United States defaulted by not hate to do this. I have tried to be ex- about an hour, but under the reserva- joining the League of Nations. I think tremely fair to all Members on all tion of a right to object rather than de- that was a huge mistake. If the United issues, but we have a limited amount of bate it for an hour via an amendment States did not participate in the time to debate this entire bill and, un- that would actually appropriate the United Nations, that would be a huge less the gentlewoman, the ranking monies. We should have been proceed- mistake, particularly because of the member of our subcommittee, is re- ing in that fashion, with an amend- military requirements of the United questing time before my insisting on ment, so that this body could have Nations. We now have not a military the point of order, I am going to now taken a vote on the issue. situation but an economic difficulty, insist. I am in my 12th term in Congress, and it would be calamitous if the PARLIAMENTARY INQUIRY and in my entire adult lifetime I do not United States withdrew, in effect, in Ms. PELOSI. Mr. Chairman, I have a recall an occasion when the world fact, from the only international mech- point of parliamentary inquiry. economy has been more fragile. It anism that exists today to deal with It is my understanding, Mr. Chair- seems to be falling apart in Asia. That this global economic crisis. man, that if the chairman insists on should have been a signal, as it was to I implore this House leadership to let his point of order, then I will, as the the administration, as it was to our us consider and vote on full authoriza- maker of the amendment, have the op- central bank, for the United States to tion and full appropriations before we portunity to address the point of order, step in with the other nations of the recess. as will my colleagues? world and authorize and appropriate Mr. CALLAHAN. Mr. Chairman, I The CHAIRMAN. The Chair has dis- our fair share of the IMF contribution. continue to reserve a point of order. I cretion to hear discussion and argu- But the House of Representatives’ lead- will allow some rebuttal, with one ment on the point of order and intends ership opted to play Russian roulette speaker on our side, before I insist on to limit debate on the point of order. with the situation and see what would my point of order. Ms. PELOSI. I thank the Chair. happen. Mr. SANFORD. Mr. Chairman, I Mr. CALLAHAN. Mr. Chairman, I ask Well, I do not know that we could say move to strike the requisite number of unanimous consent that the gentle- that, because of that fact alone, we saw words, and I would just rise in support woman from California (Ms. PELOSI) be the difficulties in Russia, but we cer- of what the chairman has been saying granted 10 minutes of time, which she tainly saw the Asian contagion spread here. can allocate to any person she deems to Russia, and it has now spread to I think what he is talking about in fit. Latin America. We have had consider- his point of order is something that ul- The CHAIRMAN. The gentleman con- able difficulties in Brazilia. And we do timately watches out for the American tinues to reserve his point of order, and not know where it is going to end, or if taxpayer. And lest we forget, this body the gentleman is asking unanimous it is going to end. is designed and built for ultimately consent that the gentlewoman from We do not know what would happen watching out for the taxpayer of the California (Ms. PELOSI) shall be allowed if the Chinese were to devalue their United States of America. I think that to speak for 10 additional minutes. currency and the repercussions that is exactly what his point of order does. Is there objection to the request of that would create, not just in Asia but I would just make this one point, and the gentleman from Alabama? globally. that is, I have here a rate sheet from There was no objection. We do know this: that Alan Green- Goldman Sachs, which is the place The CHAIRMAN. The gentlewoman span has said the United States cannot where Robert Rubin, our Secretary of from California (Ms. PELOSI) is recog- long stand as an oasis of prosperity; the Treasury, used to work and used to nized for 10 additional minutes. that this fragile global economic situa- head, and this could be found not just Ms. PELOSI. Mr. Chairman, I yield tion can have, in the very near future, at Goldman Sachs, it could be found at myself such time as I may consume to a profound impact on the United Merrill Lynch or any of the investment thank the distinguished chairman of States. banks, looking at the rates which the the committee for his courtesy, which We also know this: that this body, private markets are charging for gov- seems to be boundless. this Congress, is scheduled to recess ernment debt in Russia. Mr. Chairman, I yield 2 minutes to October 9. It would be unthinkable if I have here rates looking at 2001 the gentleman from Texas (Mr. BENT- we were to recess on October 9 and not paper yielding 32.31 percent. I would SEN). have in place the only international ar- look at 2005 paper yielding 52.63 per- Mr. BENTSEN. Mr. Chairman, I chitecture, the only international fi- cent. I would look at 2015 paper yield- thank the gentlewoman for yielding me nancial mechanism that exists in the ing 65.43 percent. this time, and I look forward to the H7984 CONGRESSIONAL RECORD — HOUSE September 17, 1998 day when I grow up and can speak for just like fast track, it is the right tant not only to the world economic 5 minutes in the full House. thing to do. Members should be situation but to the economy of the Mr. Chairman, I appreciate the posi- ashamed of themselves for not allowing United States. We should debate it and tion of the gentleman from Alabama on this to come to the floor. I appreciate vote on it. this. I do not think, quite frankly, his the gentlewoman from California for I support the Pelosi amendment. party has a position or our party has a having the courage to bring this up. Ms. PELOSI. I thank the gentle- position. I think there are several posi- Ms. PELOSI. I thank the gentleman woman for her remarks. tions floating around, which is one of for his leadership and for his fine state- Mr. Chairman, I yield 1 minute to the the reasons this should be debated. ment. gentleman from Illinois (Mr. JACKSON) There are Members on the gentleman’s Mr. Chairman, I yield 2 minutes to a person who has been a leader for us side who realize recapitalizing the IMF the gentlewoman from California (Ms. on these issues and has a balanced is the right thing, and there are Mem- ESHOO) who has been a leader on this view. bers on our side who are totally issue in the Congress. Mr. JACKSON of Illinois. Mr. Chair- against it. Ms. ESHOO. Mr. Chairman, I thank man, I thank the gentlewoman for The fact is, the same arguments that my distinguished colleague, the rank- yielding time, and I want to thank the apply to the IMF apply to fast track. ing member of the committee, for her chairman of the full committee for his indulgence. I rise in strong support of And the reason is that we live in a leadership on this issue. I rise today in the Pelosi amendment. I would encour- world economy and we cannot isolate the hope that the gentleman, the dis- age this Congress to move as quickly ourselves. For those of us, like myself, tinguished subcommittee chairman, as it possibly can to fully replenish the who believe in fast track and who be- will not insist on his point of order and International Monetary Fund. lieve in free trade, we also believe we also, of course, in support of the Pelosi amendment to add the $14.5 billion to I was here when the chairman of the need to deal with the economic crisis. full committee the gentleman from Now, like my colleague from South the foreign ops appropriations bill and Louisiana (Mr. LIVINGSTON) indicated Carolina who spoke before, who worked fully fund the IMF. I think that together we can inocu- that indeed the Russians had sug- on Wall Street at one point in time, as gested, or a Russian had suggested that I did, I think we both understand that late the global economic system with the infusion of the $14.5 billion in this they conned the International Mone- markets operate based on both fun- tary Fund out of $20 billion. But we damentals and confidence. And the bill. I say that because, number one, America’s economic interests are tied now know that when Mr. Greenspan problem that exists today, and has came before the full Banking Commit- to this. When we talk about the Amer- grown more prevalent, is that con- tee yesterday and asked for this Con- ican taxpayer, we are also talking fidence in the world markets has been gress to replenish the International about the American investor. The lost, and that is what we are seeing. Monetary Fund to the tune of $18 bil- American investor through its 401(k)s That is why we are seeing the con- lion that the chairman of the Federal and many other vehicles invests in for- tagion spread. Reserve Board was not conning us yes- eign economies. We see not only an If we do not step in and address this terday. He recognizes that there are in- Asia flu but something that is becom- problem with the IMF, and, yes, it is deed turbulent roads in our economy ing contagious in many places around not perfect, there is no perfect world on the horizon and it is very important the world. We speak with pride about a body to deal with this, but it is the that this Congress react with due haste only one we have at the time. We can- global economy, but when it comes to and due speed to make indeed the nec- not allow the situation to get out of the crisis, we are not willing to fill the essary appropriations. Let us not just control. needle and give the inoculation that is measure what is taking place in finan- I think it is important that Members needed. cial terms. Let us also measure what is I plead with my colleagues on both understand that what we are talking taking place in human terms. about here are loans, because this is sides of the aisle to support this, be- Indonesia was on the brink of Civil the lender of last resort, not grants. cause this is not only in America’s in- War because, in part, of this Congress’ terest, in the taxpayers’ interests, in b 1530 inability to act. We need to save our the investors’ interests, but in the in- own economy but the world as well. I think it is also important that we terest of stabilizing a global economy Ms. PELOSI. Mr. Chairman, I yield 2 understand what is going on. In our which America the great has a huge in- minutes to the gentleman from Vir- own area of the world, we are seeing an vestment and interest in. ginia (Mr. MORAN) who is a true inter- oil crisis occur because of the lack of Ms. PELOSI. Mr. Chairman, I yield 1 nationalist and understands the inter- demand for oil in the Asian market, minute to the gentlewoman from New relationship of our economies. and that is spreading throughout Latin York (Mrs. MALONEY) who again rep- Mr. MORAN of Virginia. Mr. Chair- America. resents a great financial center of com- man, I am very grateful to the very Finally, I would just say this. We merce in our country and understands distinguished ranking member of the have had a year to look at this since this issue full well. Subcommittee on Foreign Operations this debate first started, and the lead- Mrs. MALONEY of New York. Mr. of the Committee on Appropriations as ership on the other side who I know is Chairman, I rise in support of the I am to the generosity of the chair of split on this question said, ‘‘We’re Pelosi amendment and funding for the that committee. I rise in support of the going to look at this. We’re going to International Monetary Fund. With the Pelosi amendment. come up with a better way to do it.’’ world situation the way it is, this is no Our economy is doing well right now, The time is up. It is time to deal with time for the United States to abandon but as Alan Greenspan said, we cannot this problem. We have lost all the gains and pull out of international organiza- forever be an oasis of prosperity. A full in the stock exchange for the year. We tions. I fully support Chairman Green- 30 percent of our economy is tied to are starting to see a decline in the span, Secretary Rubin and the Admin- international trade. For better or American economy as a result and in istration, all of whom support funding worse, we are the leader of the world the growth rate of the U.S. economy for the International Monetary Fund economy. Much of that economy, par- and an increase of imports over the because it is in the economic interest ticularly Russia, Asia and now Latin last year because we have not done our of the United States. We live in a world America is in trouble. If the IMF lacks work. We have not done a whole lot in economy. It would be a terrible signal the funds to stabilize foreign cur- this Congress this year and now we are to the world if we suddenly decided we rencies and markets, there will be no running out of time and we are going wanted to destroy this international market for that one-third of our prod- to let everything go away because of it. organization by withholding funding. ucts and services, we sell overseas and That is a mistake. The signal we should be sending from they will be in such a desperate posi- I think we ought to bring this issue the United States is that we support tion they are going to be dumping their to the floor for the debate. It will be a this international organization and products on our market, causing seri- bipartisan group for it and a bipartisan that we do not want to abandon ship ous economic disruption. Our inven- group against it, but in my opinion, during a time of crisis that is impor- tories will build, grain elevators will September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7985 fill and factories will go idle as work- sustain its operations well into the The CHAIRMAN. The Chair is pre- ers are furloughed or laid off. These next decade and would reduce the pos- pared to rule. The Chair is advised that economic and strategic concerns are of sibility that the United States will be there is no current authorization in paramount importance for the Con- forced to bear a disproportionate share law for the appropriation proposed in gress to debate. And so it is wrong for of the financing in any future financial the amendment offered by the gentle- the leadership to refuse to permit the crisis. woman from California. The amend- full House to consider the IMF bill that Ms. PELOSI. I thank the gentle- ment is not merely perfecting to what passed the House Banking Committee woman for her leadership on this issue has been permitted to remain in the by a vote of 40–9. and for her fine statement. bill by a waiver of points of order. The IMF is not some part of a rogue Mr. Chairman, I yield myself the bal- The Chair therefore sustains the international conspiracy. It is an insti- ance of my time. I urge the gentleman point of order under clause 2(a) of rule tution born of the ashes of World War not to insist on his point of order. I XXI. II, born by the United States and the call this action of not allowing us to AMENDMENT NO. 32 OFFERED BY MR. PORTER people who formed this strong economy have a full debate on the IMF and a Mr. PORTER. Mr. Chairman, I offer, throughout the civilized world. The vote on the IMF the stop-the-world-I- with the permission of the gentle- reason why the international economy want-to-get-off approach. We have to woman from California, the Radano- is as strong today is because we started understand the interrelationship of our vich amendment No. 32 as printed in things like the International Monetary economies. We have to debate pro and the RECORD. Fund after World War II to make sure con the approaches we would take. The Clerk read as follows: we did not go through another Great This House should take responsibility Amendment No. 32 offered by Mr. PORTER: Depression that formed the basis of for the $14.5 billion we wanted added. In title V, strike the section relating to World War II. We can never repeat The gentleman from Louisiana (Mr. the repeal of section 907 of the FREEDOM Support Act. these mistakes. We have to learn from LIVINGSTON) has stated that IMF is au- these mistakes. thorized in this bill so the point of Mr. PORTER. Mr. Chairman, I ask The IMF is critically important. Sure order on the basis of authorization is unanimous consent to yield my entire there are reforms that need to be made, not legitimate. The reforms that the time to the gentleman from California but that does not mean that the IMF is gentleman from Alabama suggested, (Mr. RADANOVICH). not essential to the productivity and to were a part of an amendment that I of- The CHAIRMAN. Is there objection the economic stability, to the jobs and fered in committee which failed and to the request of the gentleman from to the well-being of all American citi- which the Committee on Rules rejected Illinois? Without objection, the gentleman zens. last night. from California (Mr. RADANOVICH) is We ought to be debating it. We ought POINT OF ORDER to pass it. We ought to restore funding recognized for 5 minutes. Mr. CALLAHAN. Mr. Chairman, I There was no objection. immediately to the International Mon- make a point of order against the Mr. RADANOVICH. I thank the gen- etary Fund. amendment because it provides an ap- erous gentleman from the State of Illi- Ms. PELOSI. Mr. Chairman, I yield 1 propriation for an unauthorized pro- nois for yielding me the time. minute to the gentlewoman from New gram and therefore violates clause 2(a) Mr. Chairman, I rise today in support York (Mrs. LOWEY) a member of the of rule XXI. of a bipartisan amendment to maintain Subcommittee on Foreign Operations Clause 2(a) of rule XXI states in per- section 907 of the Freedom Support of the Committee on Appropriations tinent part: Act, a provision which, since its adop- and a person who understands this ‘‘No appropriation shall be reported tion by Congress in 1992, has placed issue full well. She, too, represents a in any general appropriation bill, or be reasonable conditions on direct U.S. center of commerce and understands in order as an amendment thereto, for foreign aid to the government of Azer- the IMF. any expenditure not previously author- baijan. (Mrs. LOWEY asked and was given ized by law.’’ Before voting today on this impor- permission to revise and extend her re- Mr. Chairman, the authorization for tant matter, I think it is useful to re- marks.) this program has not been signed into view why this restriction was origi- Mrs. LOWEY. Mr. Chairman, I rise in law. The amendment, therefore, vio- nally enacted and to consider carefully strong support of funding for the Inter- lates clause 2(a) of rule XXI. whether Azerbaijan has taken any national Monetary Fund. This is one of I ask for a ruling from the Chair. steps at all over the past six years to the most important issues facing this The CHAIRMAN. Does the gentle- meet the terms set forth in this law. body. The ongoing economic turmoil in woman from California wish to be Finally, we should examine the nega- Asia and Russia is having a very seri- heard on the point of order? tive impact on American interests Ms. PELOSI. Yes, Mr. Chairman, I ous impact on Wall Street and other which will result from its repeal. markets around the world. We must do, and because of the generosity of the provide the IMF with the resources it chairman’s time earlier, in the interest b 1545 needs to respond to the economic inse- of time, I will be brief. First of all, as my colleagues know, curity in Asia and Russia as it pro- Mr. Chairman, I reject the notion section 907 was enacted as a stand by motes badly needed reforms in those that was put forth by our distinguished Congress against Azerbaijan’s illegal economies. chairman that the point of order economic blockades. It represents both The leadership in my judgment is should be insisted upon and agreed to an effective check against renewed Az- playing a very dangerous political because this $18 billion is not author- erbaijani aggression and a principal ex- game by not allowing a vote on this ized. The gentleman from Louisiana pression of American support for peace issue today. The global economic crisis (Mr. LIVINGSTON) the chairman of the in the strategically important Caspian demands immediate leadership, not po- full committee, said on this floor ear- region. litical gamesmanship. lier that the authorization is contained Azerbaijan, however, has steadfastly The IMF’s resources are at a dan- in this bill and, indeed, $3.5 billion for refused to comply with the terms set gerously low level, jeopardizing its the new arrangements to borrow for forth in section 907, maintaining its ability to perform its basic mission and the International Monetary Fund is in- blockades of Armenia and Nagorno respond effectively if the economic cri- cluded in this bill. If the $14.5 billion is Karabagh. As recently as 2 weeks ago, sis deepens or spreads to even more not authorized, then neither is the $3.5 during the first ever visit of America’s markets. billion. So I think there is a real incon- Prime Minister to the Azerbaijani cap- The $18 billion requested for U.S. sistency here and I think that we have ital of Baku, the Azerbaijani Govern- commitments can leverage about $75 to be consistent. It would follow, I ment again refused to lift its block- billion in usable global commitments think, that if the point of order is ades, flatly rejecting Armenia’s offers from the IMF’s 181 members. This de- agreed to, then we must strip the $3.5 of economic cooperation. gree of burdensharing would provide billion for the new arrangements to Yet, despite the fact that Azerbaijan the IMF with sufficient resources to borrow from this legislation. continues to violate section 907, the H7986 CONGRESSIONAL RECORD — HOUSE September 17, 1998 Azerbaijani Government, through its So, in conclusion, I respectfully ask every country around it blocks its abil- allies in the oil industry and elsewhere, that my colleagues vote for peace, sta- ity to have free trade, it is held hos- continues to press for its repeal. Rath- bility and American interests by vot- tage to these regimes. er than comply with its terms by re- ing for the Radanovich-Pallone-Rogan- Now, let us think about what these specting international laws against Sherman amendment, and I again regimes are. Azerbaijan is a dictator- blockades, Azerbaijan has undertaken thank the gentleman from Illinois. ship. They are a regime that has been an extensive media and lobbying cam- Mr. KENNEDY of Rhode Island. Mr. cited by the Department of State for paign to change U.S. law. Section 907’s Chairman, I move to strike the last human rights’ abuses. And let us un- repeal under this pressure would rep- word. derstand what we are saying if we sup- resent a victory of shortsighted think- Mr. Chairman, I rise today in support port this bill without passing the ing at the expense of our Nation’s long- of the Radanovich-Pallone amendment Radanovich-Pallone amendment. We term interests. to strike the language in this bill that are, in essence, saying that we are On the eve of the upcoming Azer- eliminates Section 907, the sanctions going to stand by a dictatorship, we baijani elections, such a move would be for the blockade that Azerbaijan has are going to stand by a dictatorship in viewed as an American endorsement of placed around the democratic country their effort to put their thumb on the the policies and candidacy of former of Armenia and the area of Nagorno democratically elected regime of Ar- KGB General Geidar Aliyev. Section Karabagh which is the area that has menia. We are going to side with the 907’s repeal would represent both an been subject to so much warfare over dictatorship over a democratically unsound foreign policy decision and an the years. elected government of Armenia. To me, irresponsible misuse of taxpayers’ Let me say, Mr. Chairman, that I had that does not sound like the kind of funds. the opportunity to visit, with the gen- country and principles that we should Please also keep in mind when con- tleman from New Jersey (Mr. support as American citizens. sidering this matter, that the U.S. re- PALLONE), Armenia about 2 months ago That is why I call on my colleagues strictions placed on Azerbaijan do not and I had a chance to see firsthand the to support the Pallone-Radanovich allow for humanitarian aid through devastating impact of this blockade amendment, because that is the NGOs. Since 1992 Azerbaijan has re- that we are talking about repealing, in amendment that is going to strike out ceived over $130 million from the essence, because of the fact that we are the effort to repeal section 907, which United States in humanitarian aid. I not going to allow this country to say calls on sanctioning those countries understand, however, that large unequivocally that we are going to which blockade our democratically- amounts of this aid have been siphoned condemn any country that puts such a elected friends like Armenia. off and ended up in the hands of the po- blockade against a neighboring coun- Let us understand what we are talk- litical elite of Azerbaijan. I can only try like Armenia, forcing it to contend ing about here. Armenia and Nagorno estimate the amount of aid that will be with the ravages of natural disasters, Karabagh are ravaged economically. claimed by corrupt political leaders if as Armenia has over the last decade, They are ravaged economically because we send aid directly to this undemo- forcing it to contend with the fact that of the natural disasters like earth- cratic government. it is interdependent in the Caucasus on quakes, the wars that have gone on in Human Rights Watch has reported in its neighbors, but is yet to be able to that area, and on top of it they have its annual report that the inter- get the kind of trade that is necessary their neighboring countries put this national community largely glossed for that struggling democracy to sur- blockade through. And what is happen- over Azerbaijan’s poor human rights vive because of the intransigence of ing is a tragedy of human dimensions record in order to protect oil interests. countries like Azerbaijan in their in- that none of us should be proud to sup- The State Department, in its human ability to deal with their neighbor of port if we vote against this Radano- rights survey of Azerbaijan, concluded Armenia. vich-Pallone amendment because, in that the Azerbaijani Government’s The fact of the matter is Armenia is essence, that is what we will be doing. human rights record continued to be the closest country to the American We will be continuing to perpetuate an poor and the government continued to values of any single country in the intolerable situation for the Armenians commit serious abuses. The govern- Caucasus. Armenia shares the values of in that area. ment restricts citizens’ ability to the United States like no other coun- Mr. Chairman, my colleagues in this change the government peacefully. The try in the former Soviet Union. Like House need to support our friends and government restricted freedom of no other country. democratically-elected Government of speech, press, assembly, association, And any Member of this House who Armenia. If Azerbaijan wants to end religion and privacy when it deemed it would have an opportunity to go to Ar- this blockade and wants to end the in its interest to do so. menia and meet, as the gentleman sanctions against it, they can just end At this time, the Nagorno Karabagh/ from New Jersey (Mr. PALLONE) and I Azeri peace process is at a pivotal situ- have had an opportunity to do, to meet the blockade; that is what they should ation. The U.S., by reaffirming its op- with President Kocharian, to meet do. They should end the blockade if position to Azerbaijan’s illegal block- with that fantastic new President of they want us to end the sanctions ades, can play a critical role in press- Armenia, to see how dedicated he is to against them because of the blockade. ing upon the Azeris that they should the principles that we hold dear in this Mr. WOLF. Mr. Chairman, I move to come to the table and actively seek a country, they would not have a single strike the requisite number of words. peaceful resolution to the conflict. doubt in their mind why it should be (Mr. WOLF asked and was given per- Rewarding Azerbaijan with American United States policy to continue to mission to revise and extend his re- tax dollars would harm the peace proc- support section 907, which condemns marks.) ess leading to increased instability and Armenia and Turkey for their creating Mr. WOLF. Mr. Chairman, I visited a less secure environment for American this blockade around the democratic Nagorno Karabagh in August of 1994. It investors. Section 907’s repeal would country of Armenia. was one of the grimmest places that I only encourage Azerbaijan’s leadership We know that Armenians in Armenia had ever, ever been. The Russian to keep its blockades in place and to share our values, and the fact is this ground missiles have been thrown in continue refusing direct peace talks United States Congress should stand in there daily for year after year after with Karabagh, both to the detriment solidarity with our friends in Armenia year. Many people were living down in of America’s interests. and say enough is enough for Azer- the basement, people that had lost We should not underestimate the sig- baijan to continue that brutal, brutal arms and legs and everything else. nificance of our actions today. Repeal- blockade on that island locked coun- This is a difficult issue, and I heard ing 907 would fundamentally harm the try. the gentleman from Louisiana (Mr. peace process, dramatically affecting Keep in mind that Armenia is locked LIVINGSTON) in the committee. I the stability of the region, and so un- in the Caspian area in the Caucasus re- agreed. And just let me say to my col- dermine rather than advance U.S. in- gion. It does not have anything but a league, I agree with all of his rationale terests. land route for its trade. And when up until getting away with 907. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7987 I also want to say that I want the on behalf of justice, on behalf of hu- before I spoke, Armenia is landlocked, western oil companies to have this op- manitarian concerns, on behalf of the isolated, in need of the attention of the portunity. But to remove 907 now principles for which this Nation stands rest of the world for humanitarian rea- would send the wrong message and around the world. sons as well as democracy-building rea- take the pressure off the Azeri Govern- I am deeply saddened by the fact, Mr. sons. ment to come to the peace table. Chairman, that since the termination Mr. Chairman, in contrast to what Now, we can lift the blockade and get of hostilities in 1994, no demonstrable the Azeris have done, Armenia has re- 907 to go away today by doing one progress has been made in the negotia- peatedly offered to allow trans- thing: Let the Azeris lift the blockade, tions regarding the status of Nagorno shipment, repeatedly offered to allow and 907 goes. Karabagh. transshipment of humanitarian assist- The poor people in Nagorno Karabagh The gentleman from Louisiana (Mr. ance to Azerbaijan, only to be repeat- have suffered too much, and the mes- LIVINGSTON) mentioned earlier today in edly rebuffed. sage that this would send would be, I debate that there had been some Mr. Speaker, Azerbaijan has the believe, to keep this issue going on progress. I did not see that story, I am power, as the gentleman from Virginia longer and longer. pleased to hear it, but I do not believe (Mr. WOLF), said, Azerbaijan has the Secondly, the administration has it yet. I hope that the parties will con- power this minute, this very hour, to failed that had a low level person deal- tinue to negotiate to achieve a lasting end the consequences of section 907. All ing with this issue. It goes through the solution which will benefit all the peo- it has to do is end the blockade. That Minsk treaty agreement, and we have ples of the region. In fact, talks are on- is all it has to do, a simple act. Russia, and Russia does not want to going at this time. Mr. Chairman, I urge my colleagues end this. However I do not believe, and I hope to support the Radanovich-Pallone So what should we do? We should call this House does not believe that weak- amendment. the Azeris together, call the Armenians ening or eliminating section 907 will Mrs. MORELLA. Mr. Chairman, I together, and have a representative on further this process. In fact, my col- move to strike the requisite number of Nagorno Karabagh come, bring them to leagues, I am of the opinion it will words. Washington, go over to the Eastern move us in exactly the opposite direc- Mr. Chairman, I rise in strong sup- Shore, sit down, break bread together. tion because it will send the message port of the Radanovich-Pallone amend- Reconciliation. And I tell my col- to the Azeris that they are winning. ment that would restore section 907. leagues this problem can be solved. And why are they winning? On prin- Section 907 was originally included in But I also believe from the bottom of ciple? No. Because of economic con- the Freedom Support Act to deny as- my heart that if we lift 907 today, the cerns and profits. That is why they are sistance to Azerbaijan until it takes, problem will not be resolved. winning. That is where we are. quote, ‘‘demonstrable steps to cease all Now, neither side is perfect. The head b 1600 blockades and other offensive uses of of the Azeri Government is the former Now, I want to see the oil in that re- forces against Armenia and Nagorno head of the KGB. Clearly there are gion benefit all the peoples of that re- Karabagh.’’ Azerbaijan has blockaded problems in Armenia because there are gion, and I am not against the eco- Armenia and Nagorno Karabagh for 9 Russian troops in Armenia. Neither nomic development of Azerbaijan or years. Azerbaijan has made no demon- side is absolutely perfect. But for the Armenia or Nagorno Karabagh, but I strable steps to end the blockade. Ship- people of Nagorno Karabagh to bring in am for proceeding in a principled way. ments of food, fuel, medicine and other a spirit of reconciliation, the Azeris to- Section 907 of the Freedom Support vital supplies have been held up. And gether and the Armenians together Act prohibits direct U.S. aid to Azer- the Azeri policy has fomented Arme- with Nagorno Karabagh there, do not baijan in an effort to pressure Baku to nia’s humanitarian crises in Armenia. lift 907, because by lifting 907 I think lift its blockade of Armenia and Together with Turkey’s blockade, Ar- we will say there is no pressure on the Karabagh. However, section 907 does menia’s efforts to develop markets and Azeris, there is no pressure on any- allow, very importantly and correctly, to strengthen its economy have been body. the delivery of humanitarian and de- damaged. So I strongly support, at least for an- mocracy building assistance through The timing of striking 907 is also a other year, maybe, I say to the gen- nongovernmental organizations, as concern. Azerbaijan is on the verge of tleman from Louisiana (Mr. LIVING- well as activities by the Overseas Pri- presidential elections which are being STON), next year or maybe something vate Investment Council, OPIC, the boycotted by the major opposition par- like that, but hopefully we will support Trade and Development Administra- ties because of Baku’s authoritarian the Radanovich amendment, and then tion, and Eximbank. In fact, the United policies. The government is plagued Secretary Albright will pick up the States has provided, even with 907 in with corruption, human rights viola- phone, get the Azeris in, get the Arme- being, $130 million-plus in humani- tions, and crooked elections. nians in, bring the Nagorno Karabaghs tarian exchange assistance to the peo- Striking 907 will send the wrong mes- together, and I believe that both par- ple of Azerbaijan. sage, and it sends it at the wrong time. ties stand so much to gain, and then The United States is not closing its Maintaining section 907 will have no everything the chairman wants, which eyes to the pain that may exist in effect on humanitarian assistance to I agree with, will take place, whereby Azerbaijan. We are sensitive. This is Azerbaijan or aid for promoting and the oil will flow in the appropriate not against the people, this is against a strengthening Democratic institutions, place. government policy in Baku that under- but it will send a message to Baku that So I, just for this time and for the in- mines the welfare of citizens in Arme- it must move to address the blockade, terests of the pain and the suffering of nia and Nagorno Karabagh. and it will reassert our solidarity with those in Nagorno Karabagh, I strongly The Government of Azerbaijan has democratic Armenia. urge my colleagues to support the enforced a blockade against Armenia Mr. Chairman, I urge passage of this Radanovich amendment. and Nagorno Karabagh for 9 years. The amendment. I urge my colleagues to so Mr. HOYER. Mr. Chairman, I move to blockade has cut off the transport of vote. strike the requisite number of words. food, fuel, medicine and other vital Ms. ESHOO. Mr. Chairman, I move to Mr. Chairman, I join my friend from goods and commodities. strike the requisite number of words. Virginia, the last speaker who has spo- Because of the blockade, Mr. Chair- I rise today in support of the Radano- ken on behalf of the Radanovich- man, Armenia has experienced a hu- vich-Pallone amendment to the foreign Pallone amendment. manitarian crisis during which the operations bill. We should not have done, in my opin- United States sent emergency lifesav- Section 907, as so many of my col- ion, in subcommittee and full commit- ing assistance, as we should have. The leagues have stated already, of the tee what was done. We ought to restore blockade has virtually isolated Arme- Freedom Support Act, places restric- this amendment. We ought to restore nia from the rest of the world. tions on the aid that the United States America’s position on behalf not of Ar- As the gentleman from Massachu- gives to the Government of Azerbaijan menia, not of Nagorno Karabagh, but setts said, and I am sure others have until that country ends its aggression H7988 CONGRESSIONAL RECORD — HOUSE September 17, 1998 and lifts its illegal blockades against through history. Their lands had been oil. Are they more important than Armenia and Nagorno Karabagh. taken; they had faced the first modern human rights? And the answer would The government of Azerbaijan has genocide. They were oppressed by the be no to that. Are oil leases and situa- blockaded Armenia and Nagorno Soviet Union. And now, as we see the tions like that, are they more impor- Karabagh for 9 years. Day by day, 9 hope for opportunity and democracy, tant than American lives, American years. That is a very, very long time. their neighbor, besides that economic military lives? Cutting off the transport of food, fuel, strangulation, is the solution for their Mr. Chairman, I do not think many medicine and other vital supplies, cre- own internal problems. people in this Chamber understand the ating a humanitarian crisis requiring In the post-Soviet era, we all have to strategic importance of the Caspian the United States to send emergency develop systems for resolving disputes Sea area, whether we are talking about assistance to Armenia. which do not heighten tensions with the Caucasus, whether we are talking Now, for those Members who may not our neighbors but, indeed, those that about central Asia. But the truth of be joining in on this effort, who may be reduce the tensions with our neighbors. the matter is, sometimes I am confused willing to reconsider their positions in The facts are clear here. The Con- because I hear the same people that are prior years, just think of the irony of gress has spoken repeatedly, recogniz- arguing for lifting sanctions on Cuba what it is costing the United States ing history, recognizing the failure of standing here saying now, we cannot taxpayer in this situation. Because of nations of this planet to speak out, repeal section 907. Those two things the blockade that many Members allow when Armenian men, women and chil- just do not go together. But the situa- to keep on the books, we then spend dren face genocide, that we cannot tion is such that that is a very, very even more money to send emergency allow ourselves today to have the Ar- important part of the world, and if we assistance to Armenia. menian Government strangled by a are ever, ever, ever going to become Strictly on a fiscal basis, if one does blockade because we treasure oil more less dependent or nondependent on the not want to deal with this on a human- than human beings. Mideast area for oil, the only way we itarian basis, on the issues relative to The battle lines are fairly clear here. are going to do it is to open up these a democracy, consider that at a time The economic interests of powerful oil oil fields which are only second to the when Armenia is introducing market companies would have us abandon the Mideast in the entire world. It is ter- reforms and integrating its economy people of Armenia once again. I do not ribly, terribly important. with the West, the blockade has vir- know what responsibility we have here Now, what is going on in Armenia? I tually isolated Armenia from the rest as Members of Congress to all of the have to say that some of my closest of the world. world and its causes, but I know as peo- friends are Armenians, one of my clos- Azerbaijan controls the majority of ple who believe in human rights, people est friends is. So it is not a question of the access to Armenia, a country that who believe in history and the respon- sticking up for a special interest group is landlocked. We should not repeal sibility of a great Nation, that this in America, it is a question of doing section 907, because Azerbaijan has Congress dare not turn its back on the what is right. What are the Russians taken no demonstrable steps to lift Armenians once more. doing in Armenia? these illegal blockades. Mr. Chairman, we have to use our b 1615 Direct assistance should not be pro- voices here to make sure that these vided to a government with fundamen- small and evolving democracies have Do my colleagues know that the Rus- tal human rights and corruption flaws. the time to develop real Democratic in- sians, who are no friends of ours, are Mr. Chairman, I think that I am the stitutions, and we had better be care- getting IMF money? It is going in the only member of the entire Congress of ful, putting aside those fundamental front door and out the back door so Armenian descent, of both Azerian and values of America in favor of short- fast into the Mafia’s pocket that we do Armenian descent. The Armenian peo- term economic advantages in the oil not even know what is happening with ple fled and suffered and came to this fields. that money. land, as so many others did, not to Additionally, it would be very simple But the truth is that the Russians take anything from this country, but for us to end this conflict. All they are in Armenia. They have bases there. to contribute, to enlarge on its democ- have to do is stop the embargo, stop They will not even allow our military racy, to contribute to its economic the blockade; take away their provoca- observers to go in and see how they are growth, and to uphold the principles tive actions which have led to their plotting to undermine those new sov- that they found so attractive that they isolation. It is not the Armenians that ereign nations, those people that are so would travel around the world and continue, frankly, the very low level of proud of their new sovereignty, wheth- come to this beacon of light and hope. restrictions on their opposition in this er we are talking about Azerbaijan or Armenia represents and upholds conflict. The Armenians simply are the Kazakhstan or Turkmenistan or any of democratic principles. That is why we victims. those countries, even Georgia, which should join with her and we should sup- And the question for those of us in are having their problems now. port her today. And when we do, we this Chamber today is, will we stand But there is a hell of a fight going on. will harken back to all of the peoples for the victims, or will we stand with Right now, the Russians are trying to that have come from around the world those who attempt to victimize them? throw us out. They are trying to bring to this land, the United States of Will we determine that access to oil down those sovereign nations of Azer- America, and its democracy. That is and oil leases is more important than baijan and Kazakhstan and really what this vote is about. the principles this Nation was founded Turkmenistan. They want to have all How proud I am to join with my col- on? that oil going north to Russia. leagues that are offering this amend- Mr. Chairman, this is the right thing We have got another problem with ment. And, for anyone that even has a to do. Support the Armenians, support the Chinese. The Chinese are to the twinge of rethinking this, please join freedom, and we will build democracy east of there. The Russians are to the us. It is the right place to be, for all of in the former Soviet Union nations. north. The Chinese are doing every- the right reasons. If, on the other hand, we abandon the thing they can in Mongolia to stir Mr. GEJDENSON. Mr. Chairman, I Armenians, we will send a signal that things up so they can grab the influ- move to strike the requisite number of wealth is more important than right- ence and they can have all the oil words. eousness in our actions. going east. (Mr. GEJDENSON asked and was Mr. SOLOMON. Mr. Chairman, I Now who do my colleagues think sits given permission to revise and extend move to strike the requisite number of to the south? Does anybody know? his remarks.) words. Have my colleagues been down there? Mr. GEJDENSON. Mr. Chairman, I Mr. Chairman, I was upstairs in the Have my colleagues been to the Mid- come and join my friends from Califor- Committee on Rules, trying to get our east? Have my colleagues been to Cen- nia to ask my colleagues to join the work out for the rest of the week, and tral Asia? debt of history here. This is a people, began to listen to this debate. The pre- To the south is Iran. Iran is doing ev- the Armenians, who have suffered vious speaker mentioned oil leases and erything they can, in other words, to September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7989 drag everything down there so the in the peace process. It would remove Lifting section 907 is an important pipelines will have to go through it. what little leverage the United States component of the comprehensive U.S. And then the Iranians can continue to has over the government in Baku to strategy for the region and will help fa- control and continue to blackmail the move it along toward an agreeable so- cilitate our involvement in Central world, trying to bring down Israel and lution to this protracted conflict. Asia. For 10 years, we have looked for all of the other countries over there. Mr. Chairman, it seems to me that peace there. The current system is not So this is not just a very, very simple opponents of this amendment have working. It is time that we change. thing. If we were to say to the Russians grossly exaggerated the scope of sec- Section 907 continues to undermine and to the Armenian government, what tion 907. Let us be perfectly clear. Sec- our neutrality in the negotiations be- I have said, tell those Russians to get tion 907 does not, does not prohibit the tween Armenia and Azerbaijan to pro- out, and then let us sit down and let us delivery of humanitarian and democ- mote peace. We need a balanced ap- negotiate, then we could accomplish racy building assistance to Azerbaijan. proach for the Caucasus, and this is something. In fact, the United States has provided why the administration also supports But to simply say, no, we are going over $130 million in assistance to Azer- lifting section 907. The Caucasus could to side with the Armenians, and we are baijan through NGO’s and PVO’s since account for nearly 75 percent of the going to let the Russians continue to 1992. world’s known energy resources, and undermine everything there, that is Section 907 also does not prohibit we stand to benefit greatly from stabil- just absolutely wrong. U.S. export financing assistance to ity in that region. That is why we should repeal 907, and Azerbaijan. OPIC, TDA, the Export-Im- Mr. Chairman, it is in our national then we should have an all-out effort port Bank are free to participate in interest to support repeal of this sec- by our State Department and Members projects in Azerbaijan. Section 907 does tion. I urge my colleagues to reject the of this Congress to go over there, bring not prohibit oil companies from devel- pending amendment and support the these people together, and solve the oping and investing in projects in Azer- fundamental language of the bill. problem. That is the only resolution. baijan. Ms. WOOLSEY. Mr. Chairman, I Mrs. LOWEY. Mr. Chairman, I move In fact, during our visit, I dare to move to strike the requisite number of to strike the requisite number of say, the oil companies were alive and words. words. well. At our meetings with the business (Ms. WOOLSEY asked and was given Mr. Chairman, I rise in strong sup- community in Azerbaijan, I do not permission to revise and extend her re- port of the Radanovich amendment to think there was one oil company that I marks.) strike the repeal of section 907 from ever heard of that was not there. So Ms. WOOLSEY. Mr. Chairman, I rise the bill. this is not prohibiting any action from in strong support of this amendment During committee consideration of the oil companies to operate in that re- because two wrongs do not make a this bill, a provision was added to re- gion. right. In fact, our actions today regard- Section 907 does give the United peal section 907 of the Freedom Sup- ing section 907 will be a message to States leverage over a government that port Act, which prohibits direct eco- Russia and other countries regarding has not shown respect for human rights nomic assistance to the government of U.S. foreign policy and what we mean and the principles of democracy. Main- Azerbaijan until that country ends its and that we do what we say and what tenance of section 907 will give the blockade of Armenia and Nagorno- United States stronger footing in its we mean. Karabagh. This amendment was mis- Mr. Chairman, I am outraged that attempts to bring the Azerbaijani gov- guided and, in my judgment, it should Azerbaijan continues to block distribu- ernment to the table and direct peace be overturned. talks over Nagorno-Karabagh. tion of much-needed American aid and For almost a decade, Azerbaijan has Mr. Chairman, this, in my judgment, assistance to the Republic of Armenia, imposed a cruel and illegal blockade of is a good amendment that deserves our and to the break-away Republic of Armenia and Nagorno-Karabagh. This support. I urge my colleagues to sup- Nagorno-Karabakh. blockade has cut off the people of Ar- port peace in the Caucasus by voting Meanwhile, thousands of Armenians menia and Nagorno-Karabagh from ‘‘yes’’ on the amendment. are still without adequate housing as a food, fuel, medicine, and other vital Mr. PACKARD. Mr. Chairman, I result of the 1998 earthquake. This is goods and commodities. It has stopped move to strike the requisite number of unacceptable. Not only is this blockade United Nations humanitarian assist- words. clearly immoral, it is illegal, according ance to the people of Nagorno- Mr. Chairman, I will not take 5 min- to U.S. law. Karabagh and has created a humani- utes. I reluctantly resist and oppose The time has come that we stop mak- tarian crisis in the region. the amendment of my dear friend and ing excuses for Azerbaijan. The time I had the opportunity with my col- colleague, the gentleman from Califor- has come to quit playing politics with leagues on our subcommittee, includ- nia (Mr. RADANOVICH). But I am con- humanitarian aid destined for Arme- ing the gentleman from Michigan (Mr. vinced that, if we allow the section 907 nia. Human rights must be protected. KNOLLENBERG) and others to visit to continue, that it will prevent us No one has the right to flaunt the Hu- Nagorno-Karabagh, to visit Armenia, from working toward a peaceful solu- manitarian Aid Corridor Act, no one, to visit Azerbaijan. It was very clear tion in Central Asia. period. when we visited Nagorno-Karabagh to I want to commend the gentleman There should be no business as usual see the suffering. The life of these peo- from Louisiana (Chairman LIVINGSTON) with Azerbaijan until their illegal, life- ple made us come back even more com- on his leadership on this issue. There is threatening blockade is lifted. mitted in trying to bring the parties few people that have understood this I urge my colleagues, vote yes on the together to work out a settlement. We issue better than he, and I support his Pallone-Radanovich amendment. This feel that lifting this blockade does not efforts to facilitate the peace and sta- is a vote for the people of Armenia. work towards that end. bility that we are seeking between Ar- This is a vote for peace. This is a vote Currently, the process to bring a menia and Azerbaijan. for solidarity. lasting peace to the Caucasus is at a Section 907 is an outdated provision Mr. KENNEDY of Massachusetts. Mr. very critical stage. The United States, which hamstrings our foreign policy Chairman, will the gentlewoman yield? as one of the cochairs of the Minsk options in the Caucasus. Ms. WOOLSEY. I yield to the gen- Group, has been trying to bring the Azerbaijan remains the only former tleman from Massachusetts. parties to the table for direct talks. Soviet Republic barred from receiving Mr. KENNEDY of Massachusetts. Mr. Now, in my judgment, is not the time broad-based U.S. assistance based upon Chairman, I thank the gentlewoman to change the United States policy in conditions that no longer apply. Re- from California (Ms. WOOLSEY) for the Caucasus toward any one of the pealing section 907 sends a signal that yielding. parties. will encourage investment and com- Mr. Chairman, I rise today in strong Repealing section 907 at this critical petence in Azerbaijan and thus will support of this amendment. I think it juncture would only encourage the Az- contribute to the stability of this stra- is very, very important that we recog- erbaijani government to dig in its heels tegical and vital region. nize that if we want peace in this H7990 CONGRESSIONAL RECORD — HOUSE September 17, 1998 world, we have to have justice. If we However, we cannot repeal section which is to continue essentially an em- want justice, we cannot stand idly by 907 until the conditions for its lifting bargo that, in fact, is hurting Arme- while one country simply says, we are are met. Unfortunately, Azerbaijan nians as well as Azeris and that is not not going to provide any humanitarian continues its crippling blockade of its consistent with the way we have re- aid, no matter where it comes from, to neighbors. In addition, the negotia- solved past conflicts. another country that it happens to tions over the resolution of the Mr. Chairman, I very much respect have a conflict with. Nagorno-Karabakh conflict remain un- the people who want to lift 907, but I I appreciate the fact that this is an certain. also respect not only the insight but enormously complicated and difficult Given these facts, these cir- the compassion of those who feel that political issue involving Armenian and cumstances, now is not the time to re- this is not the time. I am just saying Nagorno-Karabakh and Azerbaijan but ward the government of Azerbaijan. for the record that if this comes up for Azerbaijan to be able to stand by Hopefully, that time will come. again, I do not think it is the respon- and say that no amount of human aid I urge my colleagues to oppose this sible decision for the Congress to sim- is going to get through Armenia, when amendment. ply stick with the same old response to I have visited Armenia and I have seen Mr. MORAN of Virginia. Mr. Chair- a problem that continues to fester and children going cold in the wintertime, I man, I move to strike the requisite is not getting any better, without ini- have seen elderly people in hospital number of words. tiative on the part of this Congress and rooms where the temperature in the Mr. Chairman, I am going to support those who understand the situation and hospital room was below freezing, and this amendment, but I hope that it is who believe that peace and prosperity that is the kind of situation that oc- the last time that I or any of us have is possible and will only occur if we are curred because of the fact that we have to do this. This provision has been the willing to take the necessary political interests that would just as soon see us Congress’ response to a difficult com- and diplomatic risks for that peace and repeal section 907. plex issue year after year, and yet we prosperity to overcome the age-old ani- What I say is if we want to see peace, see no real progress. mosities that have precluded it in the if we want to see these issues solved past. over a period of time, then we cannot b 1630 Mr. ROHRABACHER. Mr. Chairman, do it with just economics in mind. We We cannot only blame Azerbaijan. I move to strike the requisite number have to do it with justice in mind. If we Armenia has to accept some of the of words. want justice, repeal the attempt to get blame for insufficient progress as well. (Mr. ROHRABACHER asked and was rid of section 907; stand up to the Ar- One of the realities that we have to given permission to revise and extend menian people; stand up for peace and understand is that Azerbaijan is going his remarks.) stand up for poor people around the to be one of the wealthiest countries in Mr. ROHRABACHER. Mr. Chairman, world who are hurt far too often be- the world. It is not landlocked, as Ar- I would like to commend the gen- cause economics comes before politics. menia. It is not nearly as economically tleman from Virginia (Mr. MORAN), my Mr. KNOLLENBERG. Mr. Chairman, and militarily vulnerable as Armenia. colleague, for those words. I have I move to strike the requisite number In fact, it is going to be a major role reached a different conclusion, but of words. player in the Caucasus in that part of many of the things that the gentleman (Mr. KNOLLENBERG asked and was the world. stated in his talk were right on target. given permission to revise and extend So it behooves us in the future to, in I rise in support of the repeal of 907, his remarks.) fact, be an ally of Azerbaijan. The re- which means I must oppose this Mr. KNOLLENBERG. Mr. Chairman, ality is that we cannot under these amendment of my dear friend, the gen- I respectfully rise to support the current circumstances. But if we want tleman from California (Mr. RADANO- amendment by my colleague from Cali- peace in the Caucasus and protection of VICH). Let us note this, that this war, fornia. As we all know too well, the as the gentleman from Virginia has Armenia’s sovereign borders and pros- countries of the Caucasus have been suggested, is going on and on and on. perity for the Armenian people, then crippled by violence and conflict since Mr. Chairman, I have visited Arme- we need to establish economic trade the collapse of the Soviet Union. If one nia and I have visited Azerbaijan. I between Armenia and its neighbors on were to Nagorno-Karabakh or to Arme- have come to the conclusion, the hon- all sides. The situation today is unten- nia or Azerbaijan, and many in this est conclusion, that the reason the war able. In fact, there are people suffering body have, one would know something continues is because there is a per- in Armenia. There are people suffering about the geography. That, in turn, ceived tilt in American policy towards in Yerevan, there are people suffering gives some glimpse of what the conflict Armenia in that part of the world and in Nagorno-Karabakh. But we must be is all about. the Armenians thus are totally inflexi- For Armenia and Nagorno-Karabakh, part of the solution, not part of the ble when it comes to negotiations with this reality is worsened by Azerbaijan’s problem. And part of the problem is the Azerbaijanis, the Azerbaijanis who devastating blockade of its neighbor. It that we have not moved forward. We are desperate to make some kind of an is especially painful to see a country have not been able to take sufficient agreement. with the potential of Armenia recede initiatives. We have not been able to But the Armenians, because it is per- into an economic stone-age at the bring together the people in a suffi- ceived that the United States will do hands of its neighbors. ciently constructive attitude. anything for them because of political This is why, in the first place, we I understand the frustration of the pressure because, and let us face it, adopted section 907 of the Freedom people in the State Department. They there are many Armenians that live in Support Act with overwhelming bipar- really feel that this amendment is the United States, there are many Ar- tisan support. It prohibits the delivery counterproductive, that we have got to menians that live in California, many of U.S. Government economic or mili- be able to assure the Azeris that there of them are supporters of mine, they tary assistance to the government of is a level playing field, that we are not are fine people. But American foreign Azerbaijan, unless it takes demon- playing favorites because of domestic policy cannot be based on that political strable steps to cease its blockade. politics. There is reason for them to be- consideration. We should consider the They have not. They have not taken lieve that and to make that charge. cause of peace, the cause of freedom, any steps. But it is also true that they eventually and we have to consider also the na- Section 907 sets reasonable condi- will be holding the upper hand. tional security interests of the United tions on the use of U.S. foreign aid. We They do have it in their means to States of America. struggled in last year’s bill to ensure find a way to relieve much of the eco- In this particular case, our unwilling- that it could not prevent vital humani- nomic suffering that the Armenians ness to try to be evenhanded in our ap- tarian and democracy building assist- are encountering. They do have it in proach in that area because of our fear ance or export finance assistance to their means to move the Minsk peace of political repercussions from the Ar- U.S. business. That took a tremendous process forward. I would hope that this menian community has prevented a amount of struggling, but it did come is the last year that this is the only ap- peace agreement from being reached. to completion. proach that this Congress can take, Thus, both sides are suffering. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7991 Yes, as we hear about the suffering of Mr. CALLAHAN. Mr. Chairman, I The people of this country elected the Armenian people in Nagorno- move to strike the requisite number of President Clinton. He, in turn, has ap- Karabakh, that is exactly correct. words. pointed Secretary Albright as Sec- Those people are suffering. And equally Mr. Chairman, I rise in opposition to retary of State. Secretary Albright suffering are the Azeris. Almost a mil- removing Section 907 from our bill. Let called me and said this is one of the lion Azeris, 15 percent of the popu- me just bring this debate down to a most important things that this Con- lation, are now displaced and refugees. more reasonable level that at least I gress can do for this administration to They are suffering as well. understand. I am sure it is very confus- have an effective foreign policy. What is preventing the peace from ing to any television audience that Now we have all of these Members of coming about? What is preventing the might be listening to this debate or Congress who may have been to Azer- peace from coming about is the Arme- any Members of Congress who might be baijan, like me only once, who now nians really believe that they can hold back in their office. have become pseudo-Secretaries of out because America is going to be on First of all, we are not talking about State. They are trying to impose their their side and we are not going to force money. We are not talking about giv- will against the direction of the profes- them to make any kind of compromise ing money to Azerbaijan. We met with sionals we have hired. and they are going to get the whole President Aliyev when we were in Azer- The administration is pushing for ball of wax. baijan. I took our subcommittee there this. It is not the gentleman from Lou- We should be instead trying to be specifically for this reason, to see if in- isiana (Mr. LIVINGSTON) nor I. We rec- evenhanded, trying to reach a com- deed this country was sincere in its in- ognize how important it is. Azerbaijan promise. Now, in both instances when I dications that they want to move to- has another alternative with respect to went to Armenia and Azerbaijan and wards a democracy. Mr. Aliyev did not that oil. They can send it through talked to the leaders of both of these ask us for money, nor is he asking us China. That would probably be the countries, again I find the Azeris anx- for money in this bill, nor do we give easiest route to go. But if we deny our ious to try to discuss and find some so- him any except for refugees. We give American businesspeople, and we talk lution. And I find the Armenians un- money to Armenia. We give more about oil companies, the right to par- willing to give up an inch. One inch. money to Armenia per capita than any ticipate, not with giving them money There is an easy answer to this and it other nation in the entire world, other but with giving them OPIC assistance is very recognizable on the map. There than Israel. We are not talking about and Eximbank assistance, then we do is an Armenian enclave in Azerbaijan. what kind of assistance we are giving not stand a chance to compete with the We know about that. Nagorno- to these countries. We are talking French and the German and the British Karabakh. But also there is an Azeri about a slowly emerging democracy. enclave in Armenia. The Azerbaijanis Mr. Chairman, when we met with and the Japanese and the Chinese who are open to talking about some kind of President Aliyev, we talked about what are all there trying to keep this section a land swap where they would swap the he wanted. And I will admit, it was dif- 907 in place because it is disadvanta- entire Nagorno-Karabakh region which ficult for me to believe, sitting there geous to American oil companies. used to be part of their territory, talking to one of the top leaders of the So let us not talk about money. This which is major Armenian and should be former Soviet Union telling us sin- has nothing to do with money to Azer- part of Armenia, they would swap that cerely that he wanted to democratize, baijan. It has to do with a policy that and give their legitimacy for that in he wanted to move his country up. the foreign policy professionals of that exchange for a corridor to that enclave They are blessed with the resource of this country have hired to have foreign of Azeri population in Armenia. oil that a lot of emerging countries do policy ability, and this is one of the top Mr. Chairman, that deal that is so not have. They want to send this oil to priorities that Madeleine Albright has obvious to those of us on the outside is the West rather than through China. requested and that is that we remove not being seriously considered because So we are not talking about money. 907. the Armenians believe the United We are talking about his plea to let This committee has taken a good States is on their side, Russia is on the United States people help him with look at it. I think we probably looked their side, all the big boys are on their his educational process. Mr. Chairman, at this area of the world more than any side, so they do not really have to give with 907, it cannot be done. We are other area of the world. We have been up a thing. That attitude is what has talking about assistance and help and there. We have seen the needs. Some on prevented peace. care for the people, the sick people of the committee still disagree. But to If we really love Armenia and love Azerbaijan. With Section 907, it cannot those who have never been there, to people and are trying to help end suf- be done. We are talking about lifting those who have not had the oppor- fering, and we love Azeris and Arme- that. We are not talking about giving tunity to discuss this intelligently nians on an equal level, because that is them money. We are not talking about with the Secretary of State, I remind what we are supposed to be, even- anything that has to do with foreign them that they are not Secretaries of handed in trying to bring about peace assistance monetarily. State; they are Members of the House. and freedom in this world, then we will We are talking about a confused re- They have a responsibility to the ad- have the courage to tell our Armenian gion of this world that has been war- ministration to give them the latitude friends back home that we are going to ring for centuries. We are talking they need to have an effective foreign have to reach a compromise here and about a country that has had dif- policy. ferences with Azerbaijan and has a tre- they are not going to get every single b 1645 thing that they want; that there is mendous advantage in any peace set- going to have to be a compromise to tlement as long as this thing is in (Mr. MENENDEZ asked and was reach peace. place. Let us not talk about whether or given permission to revise and extend If there is that kind of compromise, not this is going to permit the United his remarks.) both sides will be better. Let us have States to dump millions of dollars into Mr. MENENDEZ. Mr. Chairman, I the courage to call it as it is here. Let Azerbaijan, because it is not. move to strike the requisite number of us meet our responsibility as the I know a lot of these people that have words. world’s leading power and at the very spoken today are very compassionate. Mr. Chairman, as a member of the least not be forced into positions by Many of them have been to Azerbaijan. House Committee on International Re- strong minority groups within our own Many of them may even be able to lations, I rise in strong support of this country to take positions that are con- point it out on the globe. Some of amendment. I object to the bill’s strik- trary to the interest of world peace, them, probably, cannot. But let me tell ing of section 907 of the Freedom Sup- contrary to freedom, and contrary to my colleagues, the Constitution of the port Act both on the substance and the our own long-term national security United States of America says that the procedure. interests. administrative branch of government I do not think that many of us con- So, I rise in strong support of the re- will determine foreign policy, the Con- sider ourselves, with all due respect, to peal of 907 and thus oppose this amend- gress of the United States shall be the be secretaries of State, and I have ment. check and balance. heard many colleagues on both sides of H7992 CONGRESSIONAL RECORD — HOUSE September 17, 1998 the aisle suggest that they do not have should be on Azerbaijan, the aggressor, hands of the Armenians because the the full abdication to the administra- the aggressor, not the victim. Azeris, some 700,000 of them, are living tion of what the United States role is When we assist the aggressor, we in refugee camps in Azerbaijan. I would in the world or a blank checkbook for send the wrong message throughout like to reduce it, as the gentleman that regard. the world. When we assist those who from Alabama (Mr. CALLAHAN) did, to For 9 years, 9 years the government are undemocratic, we send the wrong understandable terms so that my fel- of Azerbaijan has blockaded, not em- message throughout the world. When low Americans can understand this bargoed, but blockaded, meaning using we assist those who are trying to stran- issue. force to blockade Armenia and gulate a people, we send the wrong If I had two neighbors down the block Nagorno-Karabagh cutting off the mesage throughout the world. When we from my neighborhood involved in an transport of food, fuel, medicine and look the other way, when we lend a ongoing battle and I was worried that other vital supplies, creating a human- blind eye to what is happening in these that battle was going to escalate, in- itarian crisis requiring the United parts of the world, simply based on eco- flame my neighborhood, could possibly States to send emergency life saving nomic interests, we go down a road result in tremendous death and hard- assistance to Armenia. which we have already had in our his- ship to my neighbors, I would do some- By contrast, section 907 does not pre- tory, and we need not repeat that chap- thing. In order to break up that battle, vent the delivery of humanitarian aid ter again in our history. I walked over to one of them and I to the people of Azerbaijan. As a mat- That, Mr. Chairman, is really in my started beating him with a stick, and ter of fact, to date more than $130 mil- mind the guiding principles we should for 6 years I beat him on the head with lion in United States humanitarian and be looking at as we determine how we a stick. For the other neighbor to come exchange assistance has been provided vote on this amendment. to me and say, we are almost going to to Azerbaijan but through nongovern- I urge my colleagues to support the solve this problem but just do not stop mental organizations. Radanovich-Pallone amendment. beating that guy over the head with a Azerbaijan has failed to live up to the (Mr. LIVINGSTON asked and was stick or else we will never solve the basic conditions set forth in U.S. law given permission to revise and extend problem, that is effectively what we pursuant to section 907. What does that his remarks.) have done with Azerbaijan and Arme- say? Quote, taking demonstrable, de- Mr. LIVINGSTON. Mr. Chairman, I nia. monstrable steps to cease all blockades move to strike the requisite number of Certainly, we have friends who are and other offensive uses of force words, and I rise in strong opposition Armenian Americans. I remember the against Armenia and Nagorno- to the amendment. gentlewoman from California (Ms. Karabagh. Mr. Chairman, I categorically reject ESHOO) who addressed us. She takes For this reason, we should not lift re- the arguments made by the preceding pride in her heritage, and well she strictions on aid to Azerbaijan. speaker as being both foolish and mis- should. Armenian Americans have Second, I object to the provision of guided. come to this country and worked hard the underlying bill on procedural Nobody has come before this House and prospered and done well. I guess we grounds. As a member of the Commit- to argue that oil is more important do not have very many Azeri Ameri- tee on International Relations, the than human beings. There is nobody in cans. So they have not come here, they committee which has the authorizing this House who is arguing that any one have not prospered, they have not done jurisdiction for the Freedom Support group of Americans should be less well, and they do not have much access Act, I am clearly concerned that we set entitlted to come before this House and to Congress. the process and the pattern, that the argue their case than any other group For one reason or another, in the Committee on Appropriations usurped of Americans. middle of a war, we go over there and the jurisdiction of our committee, and The whole point of bringing this au- start beating the Azeris with a stick. It that the Committee on Rules extended thorized repeal to the floor within this is called section 907. And it says, we protection to the provision despite its proper piece of legislation is to remove cannot transfer aid. We cannot deal violation of House rules on authorizing a foolish, ill-conceived provision that with the Azer-baijan Government. But in appropriation bills. takes sides in a battle between two we have given plenty of aid to the Ar- Section 907 remains an essential ele- countries in another part of the world menians, as the gentleman from Ala- ment of U.S. foreign policy towards the is because we do not have an Arme- bama (Mr. CALLAHAN) has already Caucasus as well as an expression of nian-American interest any more than pointed out. They are one of greatest Congress’ objection to Azerbaijan’s il- we have an Armenian-Azeri interest. recipients of aid that we have in the legitimate blockade of the Armenian We promote the interest of the world. people. United States of America in world pol- What we are doing here today is not I want to address one or two other icy. And it is our obligation, as rep- proposing that we cease our friendship things I have heard in debate. To sug- resentatives of the people of the United with Armenia. It is just that we lessen gest that American citizens of this States, be they Armenian or Azeri or of our Congressional hostility toward the country who identify with a certain na- any other ethnic background, it is our Azeris. It is an important part of the tional entity of another country, who interest to see to it that they are world. To suggest that it is due to oil may have been born here in the United equally and properly represented in the is shortsighted and simply disingen- States but whose roots in fact come national interest of this country. To uous. from some other ethnic background, suggest otherwise is incredibly wrong. Is there oil in that part of the world? that those citizens have less of a right I have heard some interesting argu- Yes. Is that important? Yes. Why is it to petition their government for what ments here today on this issue, some of important? Because if we can develop they believe the United States policy them based in sincerity, some of them that oil in that part of the world, some should be any place in the world and based in fact, and some of them based 3⁄4 of the world’s oil reserves, we might that U.S. companies, however, with in total misinformation. make the Middle East less important. multinational interests have a greater Mr. Chairman, section 907 is a provi- Mr. CHAIRMAN. The time of the gen- right than United States citizens to pe- sion that we passed in 1992 after the tleman from Louisiana (Mr. LIVING- tition their government in my mind is Azeris and the Armenians were en- STON) has expired. outrageous. gaged for some years, in a tragic war Mr. LIVINGSTON. Mr. Chairman, I We should take risks for peace but with major loss of life on both sides. ask unanimous consent to proceed for 3 those should be on the side of making There were ultimately no winners be- additional minutes. sure that Azerbaijan ceases to be the cause both sides lost lives and suffered The CHAIRMAN. Is there objection aggressor. Oil and oil interests them- great casualties. Azerbaijan lost terri- to the request of the gentleman from selves cannot be the guiding star of tory. Nagorno-Karabagh, which was an Louisiana? United States foreign policy, particu- Azeri piece of property, is now vir- Mr. PALLONE. Mr. Chairman, I ob- larly at a time of an oil glut. We can tually totally controlled by Armenians ject. get our pipeline, but the pressure and there was ethnic cleansing at the The CHAIRMAN. Objection is heard. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7993 Ms. PELOSI. Mr. Chairman, I move Mr. MENENDEZ. Mr. Chairman, I am the foreign operations bill that elimi- to strike the requisite number of sorry the distinguished chairman of nates 907 of the Freedom Support Act words, and I yield to the gentleman the Committee on Appropriations took and in opposition of efforts to strike from Louisiana (Mr. LIVINGSTON). such umbrage. I was referring to re- this provision of the bill. Mr. LIVINGSTON. Mr. Chairman, I marks made by previous speakers. I am I do not think section 907 should have thank the gentlewoman for yielding to glad to hear that the chairman says ever been in the law itself. I think it is me. that no person in this country whose regrettable that it was. I think the Mr. Chairman, the oil is important. ethnic heritage is such that they United States has to do everything it One should never think, though, that should be diminished versus a U.S. can to bring peace among all parties, the oil is the cause for this change in company, but one of his previous and we know that is a troubled area in policy, other than to deemphasize the speakers from his side of the aisle sug- the world. critical impact on the Middle East. We gested that. So I hope that he takes his The gentleman from Missouri (Mr. have for years, virtually since 1947 but umbrage to his colleague and suggests IKE SKELTON), the ranking Democrat certainly more recently, since my 20 to him that that type of suggestion is on the Committee on National Secu- rity, says this: years in Congress, we have been em- inappropriate for the Chamber and in- broiled in disputes between Israel and appropriate insofar as that we do not Security matters remain a major issue in the region. The United States’ ability to pro- her neighbors. One of the key ingredi- want to make citizens in this country, ents for the strength of some of her mote peace and economic reforms in the re- because they come from a certain lin- gion are significantly hamstrung by section neighbors is because of their possession eage, second-class citizens. I agree with 907. The United States must be perceived by of oil. They use it as clout. him. both Azerbaijan and Armenia as a truly neu- In the 1970’s, 1980’s, the fact is we had On the question of oil, my simple tral peace broker in its negotiations and ap- an oil embargo because they used it to suggestion is, there clearly has been proach to end conflict in the region. Section strangle not only the Middle East but 907 damages U.S. national interest by under- various mentions of the question of the the entire world. By opening up the mining the administration’s neutrality and access to oil and the concern from it. spigots in the Caspian region, both in promoting a settlement in that part of the That is a legitimate issue and interest the Caucasus and in Central Asia, we world, an ability to encourage economic em- of the United States, but the question broiled legal reforms in Azerbaijan, and ef- will deemphasize the importance of is, does it rise to the national interest, forts to advance an east-west energy trans- Middle East oil, and the stranglehold the national security interest, and is port corridor. that those Middle Eastern oil terri- this our beacon of light for U.S. foreign We all know, and even those on the tories have over Israel and the entire policy? I think that those are legiti- other side know, that one of these days world. 907 is going to be eliminated. And why Repeal of section 907 is the national mate issues to raise. I thank the distinguished gentle- not now? Why do we want to wait an- interest of the United States. That is other year, like some suggest? I think not me speaking alone. That is Sec- woman from California for yielding to me. this is the opportunity we have this retary of State Madeleine Albright, year to eliminate it. last time I checked still a Democrat, Ms. PELOSI. Mr. Chairman, I do want to make a couple of points, fol- Mr. REYES. Mr. Chairman, will the who says, section 907 creates the im- gentleman yield? pression that the U.S. approach to the lowing up on what I have heard in the recent debate here. Mr. CLEMENT. Mr. Chairman, I yield Nagorno-Karabagh conflict is not bal- to the gentleman from Texas. anced. b 1700 Mr. REYES. Mr. Chairman, I thank It is critical that the U.S. be per- Mr. Chairman, I rise in opposition to the gentleman from Tennessee for ceived by both Azerbaijan and Armenia the position of the gentleman from yielding to me, and I rise in opposition as a fair and honest broker in its bilat- Louisiana (Mr. LIVINGSTON) and in sup- to this amendment and in support of eral relations with each country and port of the amendment on the floor to the elimination of section 907 of the multilateral relations through the restore the 907 provision to this bill. Freedom Support Act in the foreign op- OSCE Minsk Group, of which we are a But I do agree with the chairman on erations appropriations bill. co-chair. We believe, this is from Sec- a few points. One is that this region, I feel, Mr. Chairman, that we can no retary Madeleine Albright, that section longer pursue a failed policy of prohib- the Armenia-Azerbaijan region, is a 907 encourages other parties to cal- iting U.S. assistance to the govern- very important region of the world and culate that the United States will con- ment of Azerbaijan. The conflict be- policies there have serious ramifica- tinue to press only Azerbaijan and that tween Azerbaijan and Armenia is dif- tions. they can accordingly maintain an in- ficult and complex, as we have heard I agree that we must be, in making transigent posture towards the Minsk this afternoon. However, retaining sec- our policy decisions, acting in the in- Group process. tion 907 does not assist in the resolu- terest of the United States of America. Madeleine Albright, our Secretary of tion of their dispute. Moreover, it does State, the President of the United And I believe that the makers of this not serve our national interest and our States, the entire Democratic adminis- motion are doing just that. foreign policy initiatives. tration and our Committee agree that I understand that the chairman was Section 907 limits our ability to be a section 907 should be repealed. We are dismayed when there was question of neutral broker in the process of medi- also working with American Jewish the motivation for the action taken in ating the ongoing conflict. With sec- Congress, the American Jewish Com- full committee, where 907 was repealed, tion 907, we restrict our flexibility in mittee, the Anti Defamation League, and the motivation was attributed to dealing with a nation that is moving the B’nai B’rith, the National Con- the interest of the oil companies. I do towards a market economy but, in the ference on Soviet Jewry. Why? Because not like questioning the motivation of meantime, is greatly underdeveloped. they understand that it is in Israel’s our colleagues, and I understand the Last January I had the opportunity interest that this thing be repealed. chairman’s dismay. But I take issue to visit Azerbaijan, and I can tell my The gentleman’s suggestions are out- also in the chairman’s attributing mo- colleagues that we can influence great rageous. And when he says that this is tivation to those of us responding to change with the lifting of section 907. just oil related and that it has nothing the Armenian Americans in our coun- The nation is greatly underdeveloped, whatsoever to do with U.S. national try. with weak institutions and basically a policy, I reject his position. I will have to get time later to con- closed society. By lifting section 907, I urge the repeal of section 907 and tinue my point, but I support the we could provide technical and eco- the defeat of the amendment by the amendment on the floor. nomic assistance, which would provide gentleman from Illinois (Mr. PORTER) Mr. CLEMENT. Mr. Chairman, I reforms that would create a more open and the gentleman from California (Mr. move to strike the requisite number of society and increase stability and pro- RADANOVICH). words. mote regional cooperation. Ms. PELOSI. Mr. Chairman, I yield Mr. Chairman, as a member of the While our foreign assistance to Ar- to gentleman from New Jersey (Mr. Committee on International Relations, menia should remain in place, it is ap- MENENDEZ). I rise in strong support of language in propriate that at this time we move to H7994 CONGRESSIONAL RECORD — HOUSE September 17, 1998 repeal section 907. For these reasons, ment acts responsibly. And, as again a say that the butchers in Baku should Mr. Chairman, I ask that we defeat this number of speakers have indicated, not get a single dollar of American tax amendment and restore section 907. they have it within their power by the money, at least while they blockade Mr. VISCLOSKY. Mr. Chairman, I close of business today to end the Armenia. move to strike the requisite number of blockade and to then have that relief We are told that Armenia should be words, and I rise in strong support of money flow through their hands. blamed for the refugees that exist in the Radanovich-Pallone amendment to Over $130 million has been provided Azerbaijan, and our hearts go out to preserve the humanitarian aid cor- for Azerbaijan refugees over this period those refugees. But why are they refu- ridor. of time. And it is important for all of gees? Because of the policy of the dic- I think I would want to begin my re- us to note that in 1995 the Armenian tatorial government in Baku. marks by agreeing with one of the as- government indicated that they would We are told that where two countries sertions made by the full committee allow relief supplies to flow through are battling that we should be even- chairman, the gentleman from Louisi- Armenia for the relief of Azerbaijan, in handed. I have been very interested in ana (Mr. LIVINGSTON), in indicating the a remote area of that country, and the the Middle East, and now and then we bipartisan nature of this debate, the Azeri government refused to allow are told to be evenhanded between importance of the debate, and the fact those goods and supplies to flow Israel and her enemies. We should not that all of us have the same goal in through Armenia. And I certainly ques- be evenhanded between the blockaded mind, and that is energy security, from tion the government’s, not the peo- and the blockader. We should not be an economic and national security per- ple’s, intentions in this matter. evenhanded between the perpetrator spective, as well as the issue of peace. The issue is, and someone has used and the victim. We should not be even- The debate that is taking place today the illusion that we are beating up one handed between Azerbaijan and Arme- is a debate about the difference of opin- of these parties; that we are hitting nia. ion as to how to achieve both those them with a stick; that we are being We should remember, as the gen- goals. unfair. We have a cease-fire in place. tleman from Indiana pointed out, that We have a situation in the Caucasus People are not being killed. As has also the government in Azerbaijan, that today that is not perfect; that if all of been indicated, people have talked to some would say we should send money us collectively could affect, we would each other. And I think at this particu- to, is the government that butchered want to make perfect. We have a static lar moment, if we would now lift the people on the streets of Baku just a few situation that we want to move in the restriction, without the lifting of the years ago. right direction, and that, again, is the blockade, what we are saying to the We are told that American policy question of the debate: What is the Azeri government is it is okay to tilts toward Armenia because of the ac- right direction. blockade other countries; it is okay to tivities of Armenian Americans. I I do want to make sure we put the de- provide for the restriction of com- would point out that American oil bate in the proper perspective and to merce, medical supplies and humani- companies are at least as influential as reflect on events of just an 11-day pe- tarian aid; it is okay, pursuant to Ms. Armenian Americans. The reason why riod of time 83 years ago, when on Albright’s letter to this institution, to our policy tilts toward Armenia is be- April 8th, tens of thousands of Arme- try to extort money from our govern- cause Armenia is right and because nian men were rounded up and shot. ment. their position reflects American val- Hundreds of thousands of women, men The chairman of the committee al- ues. and children were deported southward luded earlier to the letter that Mad- We are told that many in this House across the mountains to Silesia and eleine Albright, Secretary of State, do not understand the oil, do not un- Syria. On April 15th, the Armenians sent to this institution. I find another derstand the strategic importance, the appealed to the German ambassador in passage very revealing. economic importance of the Newly Constantinople for formal German pro- Mr. Chairman, I simply would ask Independent States and of Central tection. The request was rejected on my colleagues to vote in favor of the Asia. I would say that that expertise the grounds that it would be offensive Pallone-Radanovich amendment. resides in the Committee on Inter- to the Turkish government. By April Mr. SHERMAN. Mr. Chairman, I national Relations. But this authoriz- 19th, 11 days later, 50,000 Armenians move to strike the requisite number of ing provision never went to the Com- had been murdered. words. mittee on International Relations, and Much has been said today during the Mr. Chairman, I had prepared re- there is no better reason to adopt this debate about the war that is taking marks, but I would like to use much of amendment than to say that this issue place today. In 1989, the government, my time to respond to particular state- should come from the committee of ju- not the people, the government of ments that have been made by oppo- risdiction. Azerbaijan began to kill Armenians be- nents to the amendment. We are told that there are too many cause they were Armenians. A war The first is that it is the President, unilateral sanctions. Section 907 im- took place because the Armenian gov- charged under the Constitution, with poses no sanctions. Azerbaijan enjoys ernment then began to defend itself making United States foreign policy. Most Favored Nation status with the and its people. This is indeed a misnomer, a statement United States. Those who care about This Congress, President Bush, then found in many eighth grade civics fiscal conservatism should not embrace signed into law the Humanitarian Aid books but never found in any Supreme the language, the terminology, that Corridor in 1992. And progress was Court opinion or found in the Constitu- says that it is sanctions against a made 2 years later because there was a tion itself. country for us not to give them U.S. cease-fire put in place that, as I under- I commend those who oppose the tax dollars. stand today, 4 years later, remains in amendment to the Barclays Bank case, Finally, I would like to point to the place. I think all of us, again, regret decided by the Supreme Court a few role of Joseph Stalin in this. Fifty that it is simply a cease-fire and not a years ago, in which the court recounts years ago Joseph Stalin tried to stran- lasting peace, but progress was made the very clear constitutional principle gle Berlin, and we responded with the because of the actions of this institu- that foreign policy is to be made in the airlift. Two generations earlier Joseph tion and President Bush in 1992. Congress and effectuated by the admin- Stalin drew the borders of Azerbaijan As many speakers have indicated be- istration. and Armenia for the purpose of fore, this is not a question of are we The second issue is that we are not disenfranchising and leading to the op- wanting to cut off aid to Armenians. talking here about money or aid going pression of Armenians in Nagorno That is not the question. We do not to Azerbaijan. That is all we are talk- Karabagh. want to do that. Do we want to cut off ing about. Section 907 restricts the b aid to the Azerbaijan people? We do not transfer of U.S. tax dollars to the dic- 1715 want to do that. We remain very con- tatorial regime in Azerbaijan. Those We did not let Joseph Stalin strangle cerned on our side of the issue about who want to talk about fiscal conserv- Berlin and we should not allow those ensuring that the Azerbaijan govern- atism should draw the line here and who walk in his footsteps, those who September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7995 served in his KGB, we should not let meaningless resolution thanking them their great resources of oil. I had to them strangle Armenia. Today there is for stopping this shipment that would welcome back some of the families to an airlift to Armenia that should be have contributed to the development of Fort Hood in my district who were unnecessary, because we should con- the Iranian missile program. We can there to accept posthumously the sil- tinue to tell Azerbaijan to stop block- appreciate their courage, we can appre- ver medals and the bronze stars that ading Armenia. We are told that the ciate their location in a dangerous part were given to people, young men, who Armenians are intransigent and are un- of the world, but frankly that shows fought in that war. I had to see people willing to give up territory. Nothing is little benefit to a country in their par- come back in body bags rather than further from the truth. The govern- ticular geographic situation. come home to families and commu- ment of Armenia is willing to trade I am going to vote ‘‘no’’ on this nities to heroes’ welcomes. The reason land for peace, recognition and an end amendment for those two reasons. It is I say that is I think it is not just in the of this blockade. a failed policy that demonstrates once interest of the oil companies, far more Vote ‘‘yes’’ on the amendment. again the problems with the United importantly it is in the interest of Mr. SNYDER. Mr. Chairman, I move States unilaterally going it alone; and, American national security, and it is to strike the requisite number of number two, they ought to be rewarded in the interest of those American sol- words. for contributing to our national secu- diers who might have to go to other I commend the gentleman from Lou- rity and helping our United States Cus- parts of the world like they did in 1991 isiana (Mr. LIVINGSTON) for striking 907 toms officials stop this type of steel in Kuwait and put their lives on the in the bill. I believe the gentleman from going into the Iranian missile de- line if we do not diversify our source of from New York (Mr. KING) also had a velopment program. energy. All it takes is one more war in stand-alone bill and I commend him, Mr. EDWARDS. Mr. Chairman, I the Middle East and unless we diversify also. move to strike the requisite number of our oil resources, we are going to have Let me just make two points. First of words. more soldiers from my district and all, I was watching the debate earlier Mr. Chairman, I have genuine respect citizens from your districts have to put this afternoon and several folks made for my colleagues who care deeply their lives on the line to fight for, not the point that in 8 to 9 years the folks about human rights anywhere in the oil companies but stability in the in Azerbaijan had not made any move- world. It is a noble cause to commit world economy and stability of our po- ment. To me that is a sign of a failed oneself to human and individual rights, litical system in the world. I think it is policy and it demonstrates once again whether we be talking about Nagorno- important in saying that in my opin- the problem of a unilateral sanctions Karabagh, South Africa, Armenia, ion, repealing 907 perhaps will save policy that I think that people in this Azerbaijan, or frankly right here in the some other young American soldier body are going to want to look at in United States of America. someday from having to come back to the future. I know there has been much discus- this country in a body bag or in a cas- The second point I would make is sion today about the history of war and ket. from the national security perspective. human rights in this area, in the area So while I have tremendous respect I suspect most of us know where Azer- of the former Soviet Union. Frankly I for all of those who fought mightily baijan is. Their northern border is Rus- would imagine that if the truth were to and successfully over the last several sia, their southern border is Iran. It is be known, there have been human years for human rights in this part of a lot different being in their neighbor- rights abuses on both sides of this seri- the world, I think that policy has not hood than being between Canada and ous conflict between Azerbaijan and worked. Peace has not prevailed be- Mexico. In late March of this year, a Armenia. I would imagine if the truth cause of that. It is time to change that shipment of 22 tons of stainless steel were to be known, we are not dealing policy, to have an evenhanded policy. came south from Russia into Azer- with saints in either situation. I am In the eyes of the Bush and the Clinton baijan. It is a type of steel, a special not clear we will ever know the true administration now, let us push an type that is used for fuel tanks for history of some of the terrible human evenhanded policy that has a chance of Scud missiles. The Russian government rights abuses in this part of the world. bringing about peace in that part of had apparently been put on notice that But what I do know is that this debate the world, a chance of stabilizing a this shipment may be coming from a is not about who is for and who is critically important part of the world, company but it was able to get out of against human rights in the world. I and a chance of preventing American Russia nonetheless. Azerbaijan stopped think this debate is about what is the soldiers from having to go back to the the shipment within their country. best way, what is the best policy to Middle East someday and put their Now, what did they do? Did they call bring about peace in a terribly critical lives on the line. That, Mr. Chairman, the Russian company and say, ‘‘You’ve part of the world, a strategic part of I think is important. got this stuff mislabeled with phony la- the world. For myself, I side with the Mr. GREEN. Mr. Chairman, will the bels, we’ve caught you, give us a Bush administration, the Clinton ad- gentleman yield? bribe’’? No. Did they call Iran and say, ministration and our present Secretary Mr. EDWARDS. I yield to the gen- ‘‘We’ve got your steel, let’s make a of State in saying that 907 has not tleman from Texas. deal’’? No. They called the United worked, it has not brought about Mr. GREEN. Mr. Chairman, I thank States Customs officials and said, ‘‘We peace, and that we should try repealing the gentleman for yielding. I share his think we’ve found something that may that particular sanction. concern. Not being on either foreign af- be of interest to you.’’ The United I would like to make one comment fairs committee but from the Commit- States evaluated the steel and it on a personal note about the whole en- tee on Commerce I have watched, and turned out to be a type that is used in ergy question that has been brought the concern I have is that when we are fuel tanks for Scud missiles, part of the up. Some have said, that those of us dealing with the central Asian repub- Iranian missile development program. that favor repeal of 907 are fighting for lics and the republic of Turkey, we can- Does Russia reward this behavior for the oil companies. This is not about not continue to turn our back on this Azerbaijan? Of course not. This is a who is for or against the oil companies. part of the world. That is why I rise terrible embarrassment for Russia as it But I would like to talk about the im- and agree with my colleague from demonstrated once again that they portance to our national security of Texas. have some problems in their export having an independent source of energy Mr. PORTER. Mr. Chairman, I ask controls. Does Iran reward Azerbaijan outside of the Middle East. unanimous consent to strike the req- and say thank you for stopping this In 1991 when I voted to send Amer- uisite number of words. import of this material we were trying ican soldiers to fight against Saddam The CHAIRMAN. Without objection, to get from Russia so we could further Hussein, we knew that we were sending the gentleman from Illinois is recog- develop missiles? Of course not. They soldiers to fight for, one, the democ- nized for an additional 5 minutes. needed that material. So what do we racy of Kuwait, but let us be honest, we There was no objection. do? And what have we done? Nothing. were also fighting for stability in a Mr. PORTER. Mr. Chairman, I think We have not even bothered to pass a part of the world where we depend upon it seems clear to all of us here who H7996 CONGRESSIONAL RECORD — HOUSE September 17, 1998 have talked about this issue and I it ceases other offensive actions, then Mr. Chairman, Barbara Tuckman think the debate has been a very good 907 will cease to exist. once wrote a book about how govern- one, that we ought to be able to agree Unfortunately, Azerbaijan continues ments through the ages have acted in on at least three goals: its strangling blockade on Armenia their own noninterest. To adopt this The first and most important goal is four years after a cease-fire had oc- amendment would not be in the inter- that we establish a condition of peace curred, in 1994. The Azeris could de- ests of the United States of America. and normal relations between Armenia clare that blockade over tomorrow and To adopt this amendment will not be in and Azerbaijan. That ought to be the section 907 would cease to exist. Be- line with what we have as our goals in highest priority for the United States. cause of the blockades by Azerbaijan this world and to help shape a region to Secondly, that we do everything within and Turkey, humanitarian and all make it more stable and secure. our power to encourage the develop- other assistance, including U.S. aid, We are confident that genuine inde- ment of the Caspian oil fields con- has to be routed through Georgia, cost- pendence and peace and prosperity for trolled by Azerbaijan by American oil ing additional time and money to our the nations in the southern area of the companies. And the third goal would be country trying to help people in need. Caucasus and central Asia allows them that the oil pipeline to carry that oil The Azeris and the Turks could stop to resist aggressive Iranian and Rus- developed by American oil companies these blockades simply by declaring sian pressure, promises of American to market go through Armenia. That them over. Yes, Azerbaijan has oil re- national interests. would be, Mr. Chairman, a win-win-win serves and yes, Armenia is landlocked It is important that we understand situation for Armenia, for Azerbaijan and a resource-poor country that is what is at stake here. The gentleman and for the American oil companies. very dependent upon foreign assistance from Illinois (Mr. PORTER) spoke about Unfortunately, people in that part of to survive these blockades, and the a pipeline that might go through Ar- the world do not necessarily see things Azeris could have stopped the blockade menia. What if that pipeline went the way we do in the United States long ago and there would be no 907. through Iran? That will not be in our where there is a win-win-win, and often So should we today undo 907 gratu- self-interest at all. Why do we shove it is seen that if one side gains, the itously and give this repressive regime our allies, our friends, those that did us other side loses and you have only out in Baku a victory they do not deserve? a favor and do favors for us, why do we of that a stalemate. Should we side with a dictator? shove them, if this amendment is Let us also agree that this adminis- The CHAIRMAN. The time of the adopted, toward the country of Iran? tration’s efforts in the peace process in gentleman from Illinois (Mr. PORTER) We know what it has done. There is that part of the world have been weak. has expired. terrorism in the area of squashing This administration has not placed this (By unanimous consent, Mr. PORTER human rights. at a high priority, has not done the was allowed to proceed for 2 additional We must also think of our ally of kinds of things that can bring the par- minutes.) Israel. It is interesting to read a letter ties to the table, and their latest ham- Mr. PORTER. Should we side with from the Conference of Presidents of handed effort was to force concessions the intransigent party? Should we side American Jewish Organizations that on the Ter-Petrossian government in with the aggressor in a brutal war of speaks on this issue and says that we Armenia that were not acceptable to ethnic cleansing? Should we side with must promote what is in the base bill the Armenian people which then an administration that cares nothing for the interest of Israel as well. caused that government to lose a vote about its own refugees from the war? Azerbaijan has resisted all efforts to of confidence, caused that government Should we side with a government that locate foreign troops on its territory. to resign and a new government, a new many believe is very corrupt? If so, you It has resisted the Fundamentalist gov- capable government to take charge, should vote against the Radanovich ernment. Azerbaijan has also been the Kocharian government which is in amendment. strongly supportive of the Organization some ways, much to my chagrin, a for Security and Cooperation in Eu- b 1730 much harder line government than the rope’s Minsk group, and the United one that was previous to that. So have Or should we at this point in time States of America is a co-chair of that American efforts been good or have continue to side with the government Minsk group. they worked? No, they have been poor that is moving more than any other in I think it behooves us to realize what and they have not worked. All of us the region toward democracy? Should is really at stake. Do we want to fur- ought to get on this administration to we side with people who are the victim ther American interests in this area, or make this at a high priority. of brutal aggression? Should we side do we by this wish to help the Iranian Now, if someone is to act, should it with a party more willing to negotiate interests in this area? be Azerbaijan or Armenia? We are en- face to face and asking for face-to-face I think that the gentleman from Lou- gaged in this effort right now about re- negotiations among the parties that isiana (Mr. LIVINGSTON) is right. What pealing 907 because Azerbaijan says to are refused by the other side? he and his committee put into the base the American oil companies, ‘‘You can Should we side with people who share bill is correct. I fully support what is do business with us, but only if you get our values? And should we then all in- in this bill, and I will vote with the your government to repeal 907.’’ We in- sist that this administration move this chairman and his committee against sist on the other hand that the Azeris to a high priority and bring the parties this amendment. themselves cause the repeal of 907 by to the table, and have them both give Mr. YOUNG of Florida. Mr. Chair- simply saying, ‘‘This blockade is over.’’ up a little bit so that each can win, man, I move to strike the requisite They can do it tomorrow. along with the United States as well? number of words. Mr. Chairman, this conflict began in Mr. Chairman, I think that we have Mr. Chairman, I yield to the gen- 1988 with anti-Armenian pogroms in to continue within 907, that 907 gives us tleman from Louisiana (Mr. LIVING- the Azeri city of Sumgait. Ethnic the leverage to work and force the STON) the chairman of the full commit- cleansing was going on there before it Azeris to make the concessions they tee, to continue the presentation that ever went on in Bosnia. A nation of 7.5 ought to make, and I insist that this he was making earlier. million people attacked 150,000 of their administration put this at the highest Mr. LIVINGSTON. Mr. Chairman, I Armenian minority. And there was possible level and make the three goals thank my friend for yielding, and I will brutal ethnic cleansing going on when that I outlined originally work. That be brief. I just thought it was impor- in 1992 Wayne Owens, a Democrat, of- is, peace and the normal relationship tant to sum up my feelings that 907 un- fered on the floor of the House the between these two very fine countries, dermines the neutrality of the United Freedom Support Act and said, no a development of the oil field by the States with respect to the conflict be- American money should go to a gov- American oil companies, and by the tween Armenia and Azerbaijan. We ernment that is permitting and encour- building of a pipeline through Armenia. want both countries to be our friends, aging and causing this kind of ethnic Mr. SKELTON. Mr. Chairman, I move and we want to extend the hand of cleansing. And when that government to strike the requisite number of friendship to both countries, but 907 ceases to blockade Armenia and when words. puts us in the position of slapping the September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7997 hands of the Azeris while extending the (Mr. LIVINGSTON) for not allowing him the Caucasus region and to work with hand of friendship to the Armenians. to speak beyond the 5 minutes, and I Armenia, which suffers an energy cri- Secretary Albright understands that. am glad to see that we are talking sis. And right now, there is absolutely That is why she supports the repeal of extra time at this point, because I nothing that would prevent Azerbaijan 907. The American Jewish Congress, think everyone should be allowed to from building a pipeline through the American Jewish Committee, the speak for as long as they want this Nagorno Karabagh, through Armenia Anti-Defamation League, the B’nai evening. and down to the Mediterranean. That B’rith, the National Conference of So- I do want to say, though, that the no- is the direct way to do it, that is the viet Jewry, they understand that prop- tion that somehow the United States easiest way for that pipeline to be osition, as well as the importance to and the State Department have been built. Israel, that we need to be neutral in taking a neutral position and that Armenia has said historically that our approach to both countries. somehow the existence of 907 tilts us they would like to share energy re- I have heard a lot of arguments about towards Azerbaijan or tilts us toward sources and work with Azerbaijan in how we made no progress over the Armenia is simply not true. The United terms of a free flow of oil to the West. years and therefore we should maintain States is not neutral between these If we repeal section 970, we create no Section 907 to sanction Azerbaijan. The two countries. The U.S. has clearly incentive for using that oil in a cooper- gentleman from Arkansas pointed out taken a pro-Azeri position from the ative way within the Caucasus coun- that even then, Azerbaijan has been very beginning, and this administra- tries. That is the kind of signal that we very helpful in working out matters of tion and the State Department con- are going to send. great importance to the United States. tinue to take a pro-Azeri position. And lastly, let me talk about the I would refer my colleagues again to I say that because they tried to im- peace process, because some of my col- the New York Times International, pose a settlement in Armenia with re- leagues on the other side have said Monday, September 14, 1998, page A–6. gard to Nagorno Karabagh that was not that somehow repealing 907 will lead to The fourth and fifth paragraphs relate acceptable. They did not and they con- peace. That is not the truth. What they to the first movement, the first glim- tinue not to recognize the territorial are doing here is rewarding the aggres- mer of hope for the settlement of the integrity of Nagorno Karabagh, which sor. They are telling the country that dispute between Azerbaijan and Arme- existed as an entity even during the attacked the Armenians in Nagorno nia. Admittedly, with Section 907 in Soviet era. And the United States Karabagh, they are telling the country place, there has been no hope. Now clearly and the State Department that continues to blockade, that they that we are talking about getting rid of clearly have not taken the position are going to be rewarded by repealing Section 907, the New York Times says: that is supportive of Armenia. section 970. There has been no settlement or no sub- I am very afraid that by repealing We know historically that appeasing stantial movement toward a settlement of section 907, we would be sending a clear the conflict, and the sides remain so far the aggressor does not work. It did not apart that some fear another war. But last signal to Azerbaijan that we are 100 work in the case of Chamberlin. And Monday, the Prime Minister of Armenia, percent supportive of their position what did we get? We ended up killing 6 Armen Darbinyan, flew to Azerbaijan to at- and, as a result, they would have abso- million Jews in the Holocaust in Nazi tend a regional trade conference. lutely no incentive to try to resolve Germany because we appeased the Before meeting privately with his guest, the conflict in the Caucasus, to try to other side. We appeased Adolf Hitler. President Heydar Aliyev of Azerbaijan told resolve the conflict in Nagorno Start that policy of appeasement reporters that he looked forward to ‘‘the res- Karabagh and make peace ultimately toration of friendship between Azerbaijan again, and we will see another genocide and Armenia in the context of a peaceful res- with Armenia. in the Caucasus, we will see a contin- olution in Nagorno Karabagh.’’ It was the Let me just address a few other ual genocide of the Armenian people. first time in memory he had made such a things that were mentioned here to- I do not think that it is fair for peo- statement. night. I know a few of the speakers said ple to ignore the historical reality of We have progress now. The progress we should not look at human rights what is going on here, and if we want can be continued, but we need to lift abuses because they have existed on to achieve a policy where these three Section 907, not reinstate it. If this both sides. If we take that position, we Caucasus nations work together, then amendment is adopted, it will be main- are denying the historical fact of the do not reward the aggressor. Armenia genocide, and that is why so tained as if nothing had happened, and b 1745 the chances for progress in that part of many people on our side of the aisle the world will not likely be any more who are pro-Armenia feel so strongly Do not reward the country that is prominent, any more effective, than about what is going on there. continuing the blockade. Let these they have been since 1992. Nagorno Karabagh was attacked by countries work together. Let the It is in the interests of the United Azerbaijan. They suffered an aggressive United States show that it can be neu- States, it is in the interests of Israel, it attack by the Azeris and by Azerbaijan tral and work equally with the other is in the interest of all American and as a nation, and they had to defend countries. There is nothing to stop the Israeli citizens, it is in the interest of themselves. The aggressor here was United States from telling Azerbaijan the entire Western civilized world that Azerbaijan. The aggressor historically that they should share their resources, peace comes to the Caucasus and peace in that area has been either the Azeris their energy resources and work with comes to central Asia. And the only or the Turks, and to suggest that some- Armenia and the other Caucasus na- way we can do that is to deal how this blockade which prevents hu- tions. evenhandedly with two countries, both manitarian assistance from going to The U.S. is powerful enough to basi- of which should be our friend, and nei- Armenia is not in some ways a con- cally give the signal to Azerbaijan that ther of which should be hostile to us tinuation of that historic genocide is a if they do not lift this blockade, that nor should we be hostile to them. But denial of history. we will not continue to support them, that can only come to pass if we repeal That is why we cannot allow this sec- and that is what we should be sending, Section 907 and reject this ill-conceived tion 907 to be repealed, because other- that signal to Azerbaijan. amendment. wise the people of Armenia will con- Mr. RADANOVICH. Mr. Chairman, I Mr. YOUNG of Florida. Mr. Chair- tinue to suffer and will not receive hu- move to strike the requisite number of man, I support the realistic approach manitarian assistance. words. of the gentleman from Louisiana (Mr. Let me talk about the energy issue. I Mr. Chairman, I do appreciate the LIVINGSTON) to this whole issue dealing understand that some people feel that fine arguments of my friends from with Section 907. we should not discuss the energy issue across the aisle, and with great due re- Mr. PALLONE. Mr. Chairman, I here, but others have brought it up and spect to the chairman of the Commit- move to strike the requisite number of talked about our energy dependence. tee on Appropriations, I do have to say words. The bottom line is that if we repeal that the bottom line I think of this leg- Mr. Chairman, I want to first apolo- section 907, we create no incentive for islation is fairness, and I really believe gize to the gentleman from Louisiana Azerbaijan to share its oil resources in that it is unfair for a country like H7998 CONGRESSIONAL RECORD — HOUSE September 17, 1998 Azerbaijan to block the foreign aid of us lift Section 907, and let us leave the are motivated because there are Arme- another country, Armenia, when they blockade in place. It seems to me we nian Americans in their community are receiving foreign aid themselves. have balance here with Section 907. The CHAIRMAN. The time of the This is an issue of an equal playing As my colleagues know, some of the gentleman from Illinois (Mr. YATES) field in that region of the world. Sec- Section 907 provisions were relaxed in has expired. tion 907 protects an equal playing field. the course of time. We said that assist- (By unanimous consent, Mr. YATES In closing I just want to say it pro- ance could go to NGOs in the region, was allowed to proceed for 2 additional tects a level playing field, and with all nongovernmental organizations in the minutes.) due respect, we should not be blocking region, but not to the Azeri govern- Mr. YATES. Mr. Chairman, I yield to the foreign aid of one country to an- ment. There were concerns that people the distinguished gentlewoman from other. This preserves that level playing had of uncertainty about the leader- California (Ms. PELOSI). field in that region of the world, and I ship in Azerbaijan: the President had Ms. PELOSI. Mr. Chairman, I thank urge my colleagues to vote for this been the head of the KGB when Azer- the gentleman, and I thank my col- amendment. baijan was part of the Soviet Union. So leagues for their indulgence. For the distinguished chairman to be Mr. YATES. Mr. Chairman, I move to there were serious questions about questioning the motivation of our col- strike the requisite number of words. human rights and Democratic freedoms leagues because they are motivated by Mr. Chairman, I yield to the gentle- in Azerbaijan, but the main issue was the Armenians in their community, woman from California (Ms. PELOSI). the blockade. Ms. PELOSI. Mr. Chairman, I thank Through the leadership of the gen- and in the same presentation talk about the American Jewish Commit- the distinguished gentleman from Illi- tleman from Virginia (Mr. WOLF), Sec- tee, the American Jewish Congress, the nois (Mr. YATES) for yielding, and I tion 907 was further relaxed when he Anti Defamation League, B’nai B’rith, want to just convey a few thoughts at visited there, saw that the Azeri refu- who are on his side of the issue, I think the end of this debate. gees needed assistance too, and we is not fair. I think it is contradictory. First of all, may I identify my oppo- knew that, but he brought the story The fact is that the American Jewish sition, with reluctance, to the initia- back firsthand, that certain assistance Committee and the Anti Defamation tive as our distinguished chairman of could not reach them through the non- League, the American Jewish Congress the full committee, the gentleman governmental organizations. Some aid and B’nai B’rith have every right to ex- from Louisiana (Mr. LIVINGSTON). He had to go through the government. So press their view on this subject, but do knows the high regard in which mem- we agreed, under the gentleman’s lead- not say the Armenian Americans are bers of the committee, including my- ership, we agreed to this relaxation so not an appropriate motivation for self, hold for him, and I regret having that humanitarian assistance would be Members to come to this floor, but to oppose his well-intentioned initia- delivered through NGOs wherever pos- these other groups are. We welcome tive, which was successful in full com- sible, and if not, in some instances their input anywhere in the world mittee. through the government. So everyone starting, of course, with Israel, and if I commend the gentleman from Cali- has been open to this being an effective they care to intervene in some other fornia (Mr. RADANOVICH), the gen- tool for balance in the region. area of the world, they have a right tleman from Indiana (Mr. VISCLOSKY), One more point about the peace proc- under our law to do that, and I respect the gentleman from New Jersey (Mr. ess. There is a Minsk process in place that. But I hope that the rights of Ar- PALLONE) and others who have been which some Members have addressed menian Americans would be respected part of putting this amendment for- here, and the 907 is a motivation for as well. ward to repeal the repeal of Section the Azeris to participation in the My final point is that I listened at- 907. Minsk process which could bring peace tentively as the distinguished chair- I think that some of the statements to the region. Our humanitarian assist- man spoke about this as something that have been made here today have ance and our cooperation with all the that the administration wants and we been very useful and this debate has other countries in the region, whether cannot tie the administration’s hand, been useful. It certainly has focused it be Armenia, Nagorno Karabagh or and that Secretary Albright is for this. the attention of our colleagues on a Azerbaijan, should be related to their Well, that is interesting. That is very very important region of the world, willingness to participate in the peace interesting, and I would like to, for the and one which has emerging challenges process. record, just talk for a moment about for us. So in that regard, this debate So in terms of substance, I think Sec- the statement of administration policy has been very helpful, because it has tion 907 is the motivation to keep the about this bill, because Secretary been very educational on both sides of Azeris at the table, and again, would be Albright and the President of the the issue. lifted when the blockade is lifted. So United States are concerned about the Frankly, both sides have very legiti- much for the substance. Our colleagues dollar amount in this bill, but that in- mate arguments about Section 907. who are very familiar with this issue terest seems to be ignored by the same However, I come down in favor of the have presented it very, very clearly be- chairman who was using them as an amendment offered by the gentleman fore us, but I just wanted to put that in authority for why we should go forward from California (Mr. RADANOVICH) and perspective a little bit. with lifting Section 907. commend him for his leadership in put- Now, in terms of some of the debate The administration strongly opposes ting it forward. that has gone on here today about Mexico City restrictions, as they say in Mr. Chairman, the gentleman from questioning motivation. Since the oil this. The administration strongly ob- New Jersey (Mr. PALLONE) in his re- companies have been interested in jects to the committee’s action to leav- marks laid out the issue very clearly. Azerbaijan, there has been a height- ing U.S. funds for the Korean Penin- The gentleman from Illinois (Mr. POR- ened awareness of Azerbaijan and the sula Development Organization, in- TER) earlier laid out the issue I think need by some to lift the Section 907. I cluding language prohibiting the Presi- very clearly, as did many of our col- am not questioning anybody’s motiva- dent from exercising his authority to leagues in the course of the debate. So tion here today; I think there are le- transfer funds from other sources for I will not revisit that, except to say gitimate arguments on both sides. this purpose, and it goes on and on. The very simply that this Section 907 was However, I want to say 2 things. administration objects to the low fig- put into place because there was a My chairman knows what high re- ure for the New Independent States, blockade of humanitarian assistance. gard, the gentleman from Louisiana and are concerned about the low fund- The blockade was by Azerbaijan and (Mr. LIVINGSTON) knows what high re- ing for economic support. Turkey for assistance going to Arme- gard I hold for him. But for him in the So if we are going to use giving the nia. The minute the blockade is lifted, same remarks to be expressing his dis- administration a free hand, we have to Section 907 is lifted. So this is about may at the suggestion that the oil go across the board with that. And balance. I do not understand how this companies were influencing our deci- with that, since my time has expired, I new amendment came to the full com- sion and then questioning the motiva- urge my colleagues to support the mittee where we said, let us be fair, let tion of our colleagues, saying that they amendment. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H7999 Mr. CUNNINGHAM. Mr. Chairman, I I think the question before this But if we have other regions of the move to strike the requisite number of House on this issue is whether or not, world where we do not have large eco- words. when we look at this or any other re- nomic players, then we do not pay any Mr. Chairman, I yield to the distin- gion of the world, we look at it in attention to them. I think that that guished gentleman from Alabama (Mr. terms of what all of our values are, or represents a gap in what our values CALLAHAN), the chairman of the sub- whether we will, in fact, simply look at ought to be. I think that the best thing committee. a region in terms of our economic or to do is to stick with the policy that Mr. CALLAHAN. Mr. Chairman, I materialist values. we have stuck with the last 2 years. thank the gentleman for yielding. I It seems to me that we have to have Support the amendment. think that we are nearing a closure on a flexible view of our insistence on Mr. GEPHARDT. Mr. Chairman, I rise in this debate, but I certainly would agree human rights. The best writing I ever strong support of this amendment, which with my colleague, the gentlewoman saw on the subject of human rights was would restore Section 907 of the Freedom from California (Ms. PELOSI), that this by Father Brian Hehir, who was the Support Act. is what the Congress is all about. This driving force behind the creation of the Over the past several years, the people of has been a very spirited debate, and we Catholic Bishop’s document on nuclear the Caucasus have suffered terribly ongoing have people on both sides of the aisle war. military conflict in the region. Of particular con- who feel very serious about their view b 1800 cern, the extreme hardship and deprivation on this. endured by the people of Armenia and But let us not lose sight of our mis- He observed in that statement that Nagorno Karabakh defy both American and sion. Do my colleagues think for one we had an obligation in promoting international norms regarding the human rights moment that anybody who is in favor human rights to take into account of innocent civilians. of the lifting of this ban against Azer- both our ability to affect the situation Recognizing the humanitarian needs of the baijan is really against any human and other considerations that impacted Armenian people, U.S. Government has en- rights help? Do my colleagues think on the world’s safety, the possibility of deavored to provide assistance to the innocent that we have any mission other than war, and our own security. victims of the conflict. Unfortunately, the deliv- peace? No. This is an avenue for peace, The point he made is that there are ery of much of this aid continues to be sty- and that is what this debate is all some occasions when other issues are mied by Armenia's neighbors. about. We are not here saying that we so overriding, such as the necessity to I have often spoken out against nations favor Azerbaijan over Armenia, or vice prevent the proliferation of nuclear which have attempted to interfere with U.S. versa. We are not talking about money, weapons or the use of those weapons, humanitarian effort around the world. I sup- because we do not give money to Azer- that perhaps human rights have to ported the Humanitarian Aid Corridor Act in baijan, nor does Azerbaijan want take a second or third seat on the 1995 and its strengthening in 1997, which money. We are here about talking train. banned aid to nations which block shipments about a possible avenue of peace. But when those issues are not at They have a group called the Minsk of U.S. humanitarian assistance to other coun- stake and we have a greater ability to tries. Group, and that group is trying to es- press for human rights without inter- tablish a process where they will sit The United States government has con- fering with our security or other val- cluded an ongoing effort to promote peace down at a table and they will sign an ues, then we have an obligation to do agreement. When that happens, this and reconciliation between Armenia and Azer- so. I think we face that situation in baijan, both to end the human suffering and to war that has been going on for so many this instance. years will end through negotiations. achieve stability in the region. At this time, it I have often been at odds with rep- would not be advisable to unilaterally eliminate But the administration, Secretary resentatives of the American-Arme- Albright and the President, tell us that the diplomatic tool that it embodied in Section nian community because I have never 907 of the Freedom Support Act. This tool is the administration cannot create this favored earmarking funds in any for- peace document that both sides will intended to provide an incentive for peace, eign aid appropriation bill for anybody. and I hope it will continue to be used effec- sign, unless indeed this is lifted. It is An earmark means that you require an unfair advantage that the Arme- tively to that end. the President to spend at least a cer- I urge your support of this amendment. nians have. But it is not a question of tain amount of money. I have always whether one is pro-Armenian or pro- Mr. MCKEON. Mr. Chairman, I rise in strong been opposed to that for Armenia or Azeri. That is not the question. support of the Porter-Radanovich amendment anybody else. The question is, what is the best pos- to maintain section 907 of the Freedom Sup- But on this issue, while I must con- sible avenue to finally have a peace port Act. fess to a certain degree of uncertainty agreement signed, drafted and signed As Members know, Armenia is a land- by both parties, and as a result of that, because there are value judgments on locked country in the Caucasus that in 1991 fi- create an opportunity for Azerbaijan to both sides that are important, in the nally achieved its long-sought goal of inde- ship their oil through Armenia, hope- end I come down on the side of the pendence. Unfortunately, geography and con- fully someday, into the straits whereby amendment simply because I think flicts with its neighbors has prevented the Ar- it can be utilized by the western world, that whether we are talking about the menian economy from flourishing. Armenia instead of the opposite direction of it Executive Branch of government or the wants nothing more than a resolution to the going through China and being totally Legislative Branch of government, that conflicts with its neighbors. utilized by the Chinese. all too often in this country and in our However, these neighbors must also be will- So it has been a very spirited debate. political system, when big business and ing to negotiate with Armenia in good faith. I encourage my colleagues to go along big dollars speak, we tend to listen to Maintaining section 907 is essential to ensur- with the gentleman from Louisiana them more than we do any other sector ing that there is a good faith peace process (Mr. LIVINGSTON)’s plan to help in this of our society. I think that is wrong. between Armenia and Azerbaijan. peace process, and the way to do that Does anybody really believe this Vote in favor of section 907. is to vote ‘‘no’’ on this amendment and amendment would have a chance of a Support the Porter-Radanovich amendment. to give the administration the ability snowball in Hades if we did not have a Mr. MCGOVERN. Mr. Chairman, I rise in they have to effectuate a peace in this list of 14 oil companies who were lobby- support of the amendment offered by my col- region that has been fighting for so ing for it? I do not say that to question leagues Rep. PALLONE and Rep. RADANOVICH many decades. the motive of any Member, because to overturn the repeal of Section 907 in the fis- Mr. OBEY. Mr. Chairman, I move to there are a good many other reasons cal year 1999 foreign operations appropria- strike the requisite number of words. for Members to be for this amendment. tions bill and restore the original language that Mr. Chairman, picking up on the But when we see that we do have the has been in law since 1992. comments of the previous speaker, let Amoco, Exxon, Mobile, Penzoil and a Section 907 was adopted by Congress in me state that I am not speaking in a number of others interested in seeing 1992 as the Freedom Support Act and signed pro-Armenian mode or a pro-Azeri us change our position, then we see a into law by President George Bush. It has al- mode. I am trying to be pro-American likelihood that Congress will switch its ways enjoyed strong bipartisan support. It pro- and pro-American values. position. vides guidelines for U.S. foreign aid to the H8000 CONGRESSIONAL RECORD — HOUSE September 17, 1998 New Independent States and places restric- I urge my colleagues to support the Pallone- Weldon (PA) Wolf Yates Weller Woolsey Young (AK) tions on U.S. government-to-government aid Radanovich amendment and overturn the re- Weygand Wynn to Azerbaijan until that country ends its ag- peal of Section 907. gression and lifts its illegal blockades against The CHAIRMAN. The question is on NOES—182 the Republic of Armenia and Nagorno- the amendment offered by the gen- Aderholt Green Peterson (PA) Allen Greenwood Petri Karabagh. tleman from Illinois (Mr. PORTER). Archer Hamilton Pickering Since 1992, the U.S. has been able to pro- The question was taken; and the Armey Hansen Pickett vide over $130 million in humanitarian and ex- Chairman announced that the noes ap- Bachus Harman Pomeroy Baker Hastert Portman change assistance to Azerbaijan through non- peared to have it. governmental organizations and private vol- Baldacci Hastings (FL) Quinn RECORDED VOTE Ballenger Hastings (WA) Redmond untary organizations. Section 907, therefore, Barr Hefley Regula has not been an impediment to humanitarian Mr. RADANOVICH. Mr. Chairman, I Barton Herger Reyes and community-based development assistance demand a recorded vote. Bateman Hill Riley A recorded vote was ordered. Bentsen Hobson Rodriguez for the Azeri people. Bereuter Hulshof Roemer During that same time frame, the people of The vote was taken by electronic de- Blunt Hutchinson Rogers Armenia have established democracy, en- vice, and there were—ayes 231, noes 182, Boehner Inglis Rohrabacher gaged in free elections, and undertaken mar- not voting 21, as follows: Bonilla Istook Ryun Boswell Jackson-Lee Sabo ket reforms. The people and Government of [Roll No 447] Boyd (TX) Salmon Armenia would like to integrate the Armenian AYES—231 Brady (PA) Jefferson Sandlin Brady (TX) Jenkins Sanford economy with the West, but has been blocked Abercrombie Fox Millender- in these efforts by the continuing blockade of Bryant John Saxton Ackerman Frank (MA) McDonald Bunning Johnson, Sam Scarborough Azerbaijan. For the past nine years, Azer- Andrews Franks (NJ) Miller (CA) Burton Kanjorski Schaefer, Dan baijan has blockaded Armenia and Nagorno- Baesler Frelinghuysen Mink Buyer Kaptur Sessions Karabagh, cutting off the transport of food, Barcia Furse Moakley Callahan Kasich Shadegg Barrett (NE) Gallegly Mollohan Calvert Kingston Shaw fuel, medicine and other vital supplies. Barrett (WI) Ganske Moran (VA) Campbell Klug Shimkus For its part, the Azerbaijan government re- Bass Gejdenson Morella Canady Kolbe Shuster mains authoritarian and continues to use Becerra Gilchrest Neal Cannon LaHood Skeen blockades and force against the Armenian Berman Gilman Neumann Chabot Lampson Skelton Bilbray Goode Ney Chambliss Lantos Smith (OR) people and the people of Nargorno-Karabagh, Bilirakis Gutierrez Norwood Clement Largent Smith (TX) thus failing to live up to the basic condition set Bishop Gutknecht Oberstar Coburn Latham Snowbarger forth in U.S. law. To date, the Azerbaijani gov- Blagojevich Hall (OH) Obey Collins LaTourette Snyder Bliley Olver ernment has taken no demonstrable steps to Hall (TX) Combest Lewis (CA) Solomon Blumenauer Hayworth Owens Cooksey Lewis (KY) Spence lift these illegal blockades. Furthermore, the Boehlert Hefner Pallone Cramer Linder Spratt U.S. State Department's Country Reports on Bonior Hilleary Pappas Crane Livingston Stearns Human Rights Practices for 1997, the Am- Bono Hinchey Pascrell Danner Lucas Stenholm Borski Pastor nesty International Report 1998, and the Hinojosa Davis (FL) Luther Stump Boucher Hoekstra Paul Deal Maloney (CT) Tanner Human Rights Watch Report 1998 have all Brown (CA) Holden Payne DeLay Manzullo Tauscher documented the Azerbaijani government's Brown (FL) Hooley Pelosi Deutsch Martinez Tauzin Brown (OH) Horn Peterson (MN) Dickey McCrery Taylor (MS) human rights violations, its censorship of the Burr Pitts media, and widespread police brutality. Hostettler Dunn McInnis Taylor (NC) Camp Houghton Pombo Edwards McIntosh Thornberry On the eve of upcoming elections in Azer- Capps Hoyer Porter Emerson Metcalf Thune baijan, it would be unconscionable to repeal Cardin Hunter Price (NC) Everett Miller (FL) Thurman the democratic and non-aggression require- Carson Hyde Radanovich Ewing Minge Tiahrt Castle Jackson (IL) Rahall Foley Moran (KS) Traficant ments embodied in Section 907. The corrupt Chenoweth Ramstad Johnson (CT) Forbes Murtha Turner Christensen Rangel and authoritarian government of former KGB Johnson (WI) Fowler Nadler Wamp Clayton Rivers General Geidar Aliyev would view the repeal Jones Frost Nethercutt Watkins Clyburn Rogan Kelly Gekas Northup Watts (OK) of such restrictions as a ``green light'' for his Coble Ros-Lehtinen Kennedy (MA) Gibbons Nussle Weldon (FL) undemocratic practices. Indeed, Azerbaijan's Condit Rothman Kennedy (RI) Gillmor Ortiz Wexler Conyers Roukema major opposition parties are boycotting the Kildee Goodlatte Oxley White Cook Roybal-Allard elections and have issued a joint statement Kilpatrick Goodling Packard Wicker Costello Royce Kim Gordon Parker Wilson denouncing the electoral framework as unfair Cox Sanders Kind (WI) Graham Paxon Wise and undemocratic. These political parties have Coyne Sawyer Kleczka Granger Pease Young (FL) called upon President Clinton to help the Azeri Crapo Schaffer, Bob Cubin Klink Scott NOT VOTING—21 people overcome the current ``atmosphere of Knollenberg Cummings Sensenbrenner Bartlett Hilliard Poshard dictatorship.'' The Congress must not ignore Cunningham Kucinich Serrano LaFalce Berry Johnson, E. B. Pryce (OH) the democratic aspirations of the Azeri people. Davis (IL) Shays Clay Kennelly Riggs Davis (VA) Lazio Sherman So, why are we faced with the possible re- Leach Fawell King (NY) Rush DeFazio Sisisky Gephardt Lewis (GA) Sanchez peal of Section 907? For oil, Mr. Speaker, for DeGette Lee Skaggs Caspian oil. For the profits, Mr. Speaker, to be Levin Gonzalez Meek (FL) Schumer Delahunt Slaughter Goss Myrick Whitfield gained from ``black gold.'' Oil companies have DeLauro Lipinski Smith (MI) been lobbying heavily in support of a repeal or Diaz-Balart LoBiondo Smith (NJ) b 1823 Dicks Lofgren Smith, Adam the weakening of Section 907 so that an east- Dingell Lowey Smith, Linda Messrs. SKEEN, WELDON of Florida, west pipeline might be built to bring projected, Dixon Maloney (NY) Souder FOLEY, PEASE, PETERSON of Penn- but still undiscovered, Caspian oil out of Azer- Doggett Manton Stabenow sylvania, SCARBOROUGH, and NAD- Markey baijan to Turkey and out to the West. Dooley Stark Doolittle Mascara Stokes LER changed their vote from ‘‘aye’’ to So while the energy benefits of repealing Doyle Matsui Strickland ‘‘no.’’ Section 907 are largely speculative, the politi- Dreier McCarthy (MO) Stupak Mrs. CLAYTON and Messrs. SHAYS, cal consequences are clear and concrete: Duncan McCarthy (NY) Sununu CUNNINGHAM, RAHALL, YOUNG of Continued repression in Azerbaijan; continued Ehlers McCollum Talent Ehrlich McDade Thomas Alaska, FOSSELLA, and DICKS suffering and hardship in Nagorno-Karabagh Engel McDermott Thompson changed their vote from ‘‘no’’ to ‘‘aye.’’ and Armenia; compromise the ability of the English McGovern Tierney So the amendment was agreed to. U.S. to maintain its role as ``impartial medi- Ensign McHale Torres The result of the vote was announced Eshoo McHugh Towns ator'' in the Caucasus; and jeopardize further Etheridge McIntyre Upton as above recorded. regional security. Evans McKeon Velazquez Mr. CALLAHAN. Mr. Chairman, I Mr. Chairman, the only hope for lasting Farr McKinney Vento move to strike the last word. peace and stability in the Caucasus is to re- Fattah McNulty Visclosky Mr. PORTMAN. Mr. Chairman, will tain Section 907. The only choice in support of Fazio Meehan Walsh the gentleman yield? Filner Meeks (NY) Waters human rights and democracy is to retain Sec- Ford Menendez Watt (NC) Mr. CALLAHAN. I yield to the gen- tion 907. Fossella Mica Waxman tleman from Ohio. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8001 Mr. PORTMAN. Mr. Chairman, I from the gentleman from Alabama and The CHAIRMAN. Does the gentleman thank the gentleman from Alabama I look forward to continuing to work from Georgia (Mr. BISHOP) wish to be (Mr. CALLAHAN) for yielding to me, and closely with him in the future in imple- heard further on the point of order? I would like to enter into a colloquy mentation of the Tropical Forest Con- Mr. BISHOP. I will be happy if the with the gentleman. servation Act. Chair would make a ruling. Earlier this session, as the gentleman AMENDMENT NO. 19 OFFERED BY MR. TORRES The CHAIRMAN. Does the gentleman knows, by a vote of 356 to 61, this Con- Mr. TORRES. Mr. Chairman, I offer from Massachusetts (Mr. KENNEDY) gress passed and the President signed an amendment. wish to be heard on the point of order? into law the Tropical Forest Conserva- The Clerk read as follows: Mr. KENNEDY of Massachusetts. Mr. Chairman, I understand this bill has tion Act of 1998. This law provides the Amendment No. 19 offered by Mr. TORRES: been open to amendment throughout administration with the authority to H.R. 4569 the course of the debate and the reduce debt where appropriate for less At the end of the bill, insert after the last developed countries that have globally section (preceding the general short title) amendment was printed in the RECORD outstanding tropical forest with the in- the following: properly. We recognize that there are tention of protecting these valuable LIMITATION ON ASSISTANCE FOR SCHOOL OF THE issues that can be brought up at the and rapidly dwindling natural re- AMERICAS end of the bill, but this was a regularly sources. SEC. 701. Notwithstanding any other provi- scheduled amendment. It was accepted Mr. Chairman, $50 million was au- sion of this Act, none of the funds appro- as a printed amendment, and the bill thorized for this new program for this priated or otherwise made available by this has been amended in regular order year. While I am disappointed that Act may be used for programs at the United throughout the previous procedures. those funds are not included in the States Army School of the Americas located To set a new record, a new precedent at Fort Benning, Georgia. pending appropriations bill, I realize at this point saying that this should be that the authorization was enacted Mr. TORRES (during the reading). knocked to the end of the bill would, I into law after the subcommittee com- Mr. Chairman, I ask unanimous con- think, violate the rules of the House. pleted its work and that budget con- sent that the amendment be considered The CHAIRMAN. The Chair is pre- straints make it difficult to fund new as read and printed in the RECORD. pared to rule. Under the rule, the last programs this year. The CHAIRMAN. Is there objection four lines of the bill have not yet been I would still hope, Mr. Chairman, to the request of the gentleman from read. This amendment is in the form of that something could be worked out California? a limitation, which must await the end with the Senate. But in any case, it is There was no objection. of the reading of the bill, under clause my sincere hope that the House Com- b 1830 2 of rule XXI. Therefore, the point of order by the gentleman from Georgia mittee on Appropriations will be able POINT OF ORDER (Mr. BISHOP) is sustained at this time. to fund this program in the next budg- Mr. BISHOP. Mr. Chairman, I rise to et cycle. AMENDMENT NO. 1 OFFERED BY MR. TIAHRT a point of order. Mr. TIAHRT. Mr. Chairman, I offer There is a provision of the recently The CHAIRMAN. The gentleman will enacted law that can be implemented an amendment. state his point of order. The CHAIRMAN. The Clerk will des- at no cost to the U.S. Treasury. This Mr. BISHOP. Mr. Chairman, I rise to ignate the amendment. provision amends section 808 of the a point of order against consideration Foreign Assistance Act to authorize The text of the amendment is as fol- of the amendment, pursuant to the lows: common sense and cost-free debt-for- rules of the House, because an amend- nature swaps and debt buybacks. How- Amendment No. 1 printed in House Report ment in the form of a limitation must 105–725 offered by Mr. TIAHRT: ever, I have been informed that in await the end of the reading of the bill. Page 8, line 10, after ‘‘services’’ insert the order to implement this provision, a The CHAIRMAN. Does the gentleman following: technical amendment must be made to from California (Mr. TORRES) wish to ; and that any such voluntary family plan- the appropriation for ‘‘debt restructur- be heard on the point of order? ning project shall meet the following re- ing’’ in the current appropriations bill. Mr. TORRES. Yes, Mr. Chairman. quirements: (1) the project shall not make I realize that the gentleman from I ask unanimous consent to revise use of quotas, goals, or other numerical tar- Alabama is not entertaining legislative gets, on an individual, local, regional, or na- and extend my remarks and to include tional basis, of total number of births, the amendments, and I respect that. How- extraneous material therein. number of family planning acceptors, accep- ever, I would inquire of the subcommit- The CHAIRMAN. The Chair is ad- tors of a particular method of family plan- tee chairman, the distinguished gen- vised that it is not in order to revise ning, or any other performance standard tleman from Alabama, if this critical and extend remarks when addressing a (this provision shall not be construed to in- change could be made in a conference point of order. clude the use of quantitative estimates for committee with the Senate. Mr. TORRES. Mr. Chairman, I want budgeting and planning purposes); (2) the Mr. CALLAHAN. Mr. Chairman, re- to begin my remarks on this amend- project shall not include payment of incen- claiming my time, I appreciate the in- ment by thanking the gentleman from tives, bribes, gratuities, or any other form of quiry of the gentleman from Ohio. compensation or reward, monetary or non- Alabama (Mr. CALLAHAN). monetary, to (A) an individual in exchange First of all, I would like to congratu- Mr. BISHOP. Mr. Chairman, I object for becoming a family planning acceptor, or late him on his success in achieving en- to consideration of the amendment and (B) program personnel for achieving any nu- actment of his legislation. It had broad raise a point of order for consideration merical goal or quota; (3) the project shall bipartisan support and should make a of the amendment. not deny any right or benefit, including the real difference in tropical forest con- The CHAIRMAN. The gentleman right of access to participate in any program servation. from California (Mr. TORRES) must con- of general welfare or the right of access to Second, I am aware that the bill au- fine his remarks to the point of order. health care, as a consequence of any individ- thorizes debt swap at no cost to the Does the gentleman wish to be heard ual’s decision not to accept family planning services; (4) the project shall inform family Treasury. Even though no appropria- on the point of order made by the gen- planning acceptors, in comprehensible tion is required, legislative language is tleman from Georgia (Mr. BISHOP)? terms, of the nature of the family planning necessary in this bill in order to allow Mr. TORRES. Mr. Chairman, I do not method chosen, its contraindications and po- the Treasury Department to imple- see how his point of order in this in- tential health risks, and available alter- ment this provision. I can assure the stance applies here. This is an amend- natives; (5) the project shall provide a rea- gentleman from Ohio that I will make ment being raised. It is printed in the sonable range of options of methods of fam- every possible effort to ensure that this CONGRESSIONAL RECORD. It is in keep- ily planning, including natural methods; and language is included in any final appro- ing with the decorum of debate here in (6) the project shall ensure that experi- the House. I do not understand how the mental methods of family planning are ad- priation legislation that is sent to the ministered only in a scientifically controlled President. gentleman terms to limit this amend- study in which participants are advised of Mr. PORTMAN. Mr. Chairman, if the ment to be brought before us as a body potential risks and benefits; and, not later gentleman would continue to yield, I of Congress. Perhaps he can explain to than 30 days after the date on which the Ad- deeply appreciate those assurances us? ministrator of the United States Agency for H8002 CONGRESSIONAL RECORD — HOUSE September 17, 1998 International Development determines that INVOLUNTARY STERILIZATION HORROR STORIES USAID is the biggest supporter of popu- there has been a violation of any provision All of the following countries receive USAID lation control in Kenya. Population Research contained in the preceding 6 paragraphs, or a funding and are engaging in forced steriliza- Institute Review, March/April 1997, p. 4 violation of any other provision contained in tion tactics. MEXICO this heading, the Administrator shall submit to the Committee on International Relations BANGLADESH A young medical professional who goes by and the Committee on Appropriations of the Women receiving sterilization and contra- the name ``Maria Garcia'' has seen the follow- House of Representatives and to the Com- ception were offered payment incentives of $3 ing in Mexican family planning programs: mittee on Foreign Relations and the Com- each, plus a new saree. Population Research Hundreds of forced sterilizations are docu- mittee on Appropriations of the Senate a re- Institute Review, July/August 1997, pg. 6 mented. Population Research Institute Review, port containing a description of such viola- The government also pays incentives to pro- March/April 1997, p. 4 tion. viders for signing up women. Earth Summit Medical personnel are fired for their refusal The CHAIRMAN. Pursuant to House Watch web page on implementation of the to perform sterilizations. Population Research Resolution 542, the gentleman from Cairo Conference Programme of Action, one Institute Review, March/April 1997, p. 5 Kansas (Mr. TIAHRT) and a Member op- year after Cairo Report Women refusing sterilization are denied posed, each will control 5 minutes. Women consent to sterilization out of des- medical treatment. For example, one pregnant woman with an umbilical hernia was refused The Chair recognizes the gentleman peration for food. Population Research Insti- treatment for the hernia unless she agreed to from Kansas (Mr. TIAHRT). tute Review, July/August 1997, pg. 6 Routine medical practices such as evaluat- have a tubal ligation. Population Research In- Mr. TIAHRT. Mr. Chairman, I yield stitute Review, March/April 1997, p. 5 myself such time as I may consume. ing side effects of drugs and providing follow- up checks are ignored. Population Research PERU This amendment is to provide a defi- Institute Review, May/June 1996, p. 5 Many women, including Victoria Vigo nition for the term ‘‘voluntary’’ for or- USAID endorses coercive incentives. Earth Espinoza have been sterilized without con- ganizations which provide family plan- Summit Watch web page on implementation of sent, while others including Maura Castillo ning assistance overseas. the Cairo Conference Programme of Action, Nole and Ernestina Sandoval are sterilized in Certain restrictions already exist on one year after Cairo Report exchange for food. Still other women like this financial aid, and they are that HONDURAS Juana Guiterrez Chero and Celia Ramos Durand have died after forced sterilizations. none of the funds can be used to pay for USAID funds help implement coercive pro- Peru's Family Planning Under Fire: Critics Al- abortions, that none of the funds can gram for experiments with Ovrette, an unap- lege Poor Women are Coerced to Undergo go to organizations which support coer- proved contraceptive pill. Warnings about the Sterilization, by Anthony Faiola, Washington cive abortions or involuntary steriliza- experimental drug's side effects on nursing Post, February 12, 1998 tion, and the programs that are to be mothers were hidden from the women in the Family planning programs use coercion, used are to be totally voluntary. This program. Population Research Institute Re- misinformation and quotas and sterilization-for- does not change any of those current view March/April 1998, p. 3, 7 restrictions. food efforts. Peru's Family Planning Under INDIA Fire: Critics Allege Poor Women are Coerced It does change the definition, but, Family planning programs depend on however, neither the law nor the regu- to Undergo Sterilization, by Anthony Faiola, quotas, targets, bribes and coercion. Popu- Washington Post, February 12, 1998 lations under the United States Agency lation Research Institute Review September/ for International Development or Medical personnel must meet sterilization October 1997, p. 10Ðbased on Washington quotas and surgical staff are insufficiently USAID, those regulations do not define Post article ``Teeming India Engulfed by Soar- the term of ‘‘voluntary.’’ As a result, trained and work under poor conditions. Popu- ing Birthrate: Sterilization Quotas Blasted as lation Research Institute Review, March/April there has been gross violations of Inhumane and Coercive'' August 21, 1994 human rights. 1997, p. 8 USAID funds sterilizations using Quinacrine USAID sponsors family planning billboards Human rights organizations have re- which is illegal in India and scars/burns the signaling to Peruvian women that the family ported that nations across the globe fallopian tubes. Population Research Institute planning methods employed are U.S. sanc- that receive USAID funds are commit- Review July/August, 1997 p. 14 tioned. Alianza Latinoamericana para la ting practices such as bribes to women Conditions are miserable at the USAID Familia, PRESS RELEASEÐFebruary 11, to use experimental chemicals without funded sterilization camps, there are primitive, 1998 warning them of any side effects. They unsanitary conditions and appalling mortality USAID targets local governments with are demanding sterilization quotas rates. Population Research Institute Review quotas as a condition for funding and encour- from health providers which prey on September/October 1997, p. 10Ðbased on ages pharmaceutical companies to push con- poor women and surpass their own Washington Post article ``Teeming India En- traceptives on unsuspecting Filipinos. Popu- means of doing so safely, resulting in gulfed by Soaring Birthrate: Sterilization lation Research Institute Review, March/April death or permanent injury. Quotas Blasted as Inhumane and Coercive'' 1997, p. 5 In Peru, as reported by the New York August 21, 1994 Women are secretly injected with abortifa- Times and other major papers across INDONESIA cient while receiving tetanus vaccines. Popu- the Nation, as my chart indicates, Family planning programs rely on threats lation Research Institute Review, November/ women were coerced into sterilization and intimidation to bring women into the clin- December, 1996, p. 3 and in some cases this resulted in ics. Population Research Institute Review, No- Mr. Chairman, I reserve the balance death. This does not change or add any vember/December 1996, p. 11 of my time. restrictions to funds that USAID dis- Studies have shown that IUDs are inserted The CHAIRMAN. Does the gentle- tributes. However, the term ‘‘vol- at gunpoint. Population Research Institute Re- woman from California (Ms. PELOSI) untary’’ is defined, and I believe we can view, November/December 1996, p.11 seek the time in opposition? Ms. PELOSI. Mr. Chairman, I do not change at least some of these abuses by The programs employ life-threatening deni- oppose the amendment, but I do seek setting guidelines and setting guide- als of treatment and follow up care and offer lines for these countries on how this to control the time. no informed consent. ``From One Day to An- The CHAIRMAN. Without objection, money is distributed. other: Violation of Women's Reproductive and the gentlewoman from California (Ms. Sexual Rights in East Timor'' June 23, 1997, This amendment defines voluntary in PELOSI) will control 5 minutes. the context of participation of popu- by Miranda Sessions, Yale University There was no objection. lation control or family planning KENYA The CHAIRMAN. The Chair recog- projects so that projects shall not use Dr. Stephen Karanja (Karan-ya) has seen nizes the gentlewoman from California quotas, shall not use payment of incen- the following in Kenya family planning clinics: (Ms. PELOSI). tives or bribes, shall not deny any ben- Women are coerced into Norplant implanta- Ms. PELOSI. Mr. Chairman, I yield efits like food or clothing and will pro- tion and sterilization. Population Research In- myself such time as I may consume. vide full disclosure of the method cho- stitute Review, March/April 1997, p. 4 I can accept the amendment proposed sen for birth control and also make Sterilized women are denied health care for by the gentleman. I think that the in- available any information on family debilitating Complications. Population Re- tentions behind it are good and cer- planning options. search Institute Review, March/April 1997, p. 4 tainly it is a restatement of what we September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8003 all support, which is voluntary family days of finding any violation of any IUDs after childbirth, often without planning. provisions with this amendment. This, knowledge or consent. Mr. Chairman, I do want to, though, bring up a cou- I think, is an onerous requirement. I these abuses must stop, and that is ex- ple of points about it, because para- think the report should be made, but I actly what this language will help graph 5 of the amendment requires am just saying that the 30 days may or achieve. that each family planning project pro- may not be realistic. I hope we could Mr. Chairman, if this Congress is not vide a reasonable range of options of revisit that in conference. Just for ex- prepared to defend the human rights of methods of family planning, including ample, one family, one health service poor and helpless women in third world natural methods. I think that that is a provider not informing one family nations. Who will? I urge my col- very fine provision in his amendment. planning acceptor of potential health leagues to support the Tiahrt amend- Under current law, the DeConcini risk is a violation. Even if corrected, ment. amendment, which we have discussed the nongovernmental organization Mr. TIAHRT. Mr. Chairman, I yield here before, which is not deleted by manager of the project, a report must myself such time as I may consume be- this amendment, voluntary family still be prepared and filed with the fore yielding my final 30 seconds to my planning projects must offer directly, committee. colleague from New Jersey, to say to either directly, referral or information, I just think it is onerous. It is appro- the gentlewoman from California (Ms. a broad range of family planning meth- priate, but we should talk about what PELOSI) that I would be pleased to work ods and services. The amendment has will work and stay in the spirit of the with the gentlewoman to make some- the effect of requiring that each gentleman’s amendment. thing that would be amenable to both project itself provide a range of family The CHAIRMAN. The time of the of us. planning methods and options. Earlier gentlewoman from California (Ms. Mr. Chairman, I yield the balance of my time to the gentleman from New we were talking about projects overall PELOSI) has expired. must offer a range of family planning Mr. TIAHRT. Mr. Chairman, I yield 2 Jersey (Mr. SMITH). Mr. SMITH of New Jersey. Mr. Chair- methods. But according to the gentle- minutes to the gentlewoman from Mis- man, I thank the gentleman for yield- man’s amendment, it is every single souri (Mrs. EMERSON). ing me this time and for his excellent project must offer a range. In other Mrs. EMERSON. Mr. Chairman, I rise amendment. words, referral information about the today in support of the Tiahrt amend- Mr. Chairman, volunteerism is not availability elsewhere of other family ment. something that is in the eye of the be- planning options. This important amendment is being holder. It needs a definition. We have I am reading the language of the bill. offered today to ensure that inter- heard it is voluntary, what goes on in But simply put, the issue I am bringing national population control programs China. It is not. In many countries, in- up in support of the gentleman’s which currently receive U.S. funding cluding many democracies, there is amendment is that in the natural fam- are administered in a voluntary man- something far less than a voluntary ily planning, other options are not nec- ner. Unfortunately, as we can all see program for family planning. essarily available in their projects. The from the newspaper headlines on this I had a hearing in my Subcommittee gentleman’s amendment does not de- chart, this is not the case in countries on International Operations and lete the DeConcini language, which al- now receiving USAID funding. Human Rights of the Committee on lows natural family planning projects Mr. Chairman, every woman in this International Relations last February to offer that option without offering a Nation has the right to choose, the 25th, and we heard from a doctor, a range of, a reasonable range of options, right to choose whether or not to use whistle-blower who actually worked in methods of family planning, including family planning services, the right to the program in Peru, and he talked natural methods. So I think that we choose which family planning method about how coercion and all kinds of will have to address this issue in con- best serves their personal needs and games and brinkmanship was used to ference, but as I say, I say this rising in values, the right to be fully informed of get women to get tubal ligations support of the amendment, calling at- all methods available, the nature of the against their will. tention to the gentleman to the situa- method chosen, including any health We had two women who were steri- tion that the amendment presents. risks. Mr. Chairman, I believe poor lized against their will. One, bottom I do want to use the balance of my women in poor countries deserve a line, she said, ‘‘They tricked me.’’ Now, time to say that the gentleman’s em- choice, too. we want no part of that. It should be phasis on the word ‘‘voluntary’’ is one Recently, the government of Peru in- voluntary. And I really think the that I think every person in this body stituted national yearly sterilization amendment of the gentleman from supports. International family plan- quotas. In 1998, the government set a Kansas (Mr. TIAHRT) sets a great and ning is very, very important. I believe quota of 22,000 vasectomies and 78,000 valuable service and I urge support for that it does reduce the number of abor- tubal ligations. As my colleagues can it. tions internationally, and that is a see, the number of women targeted is Ms. WOOLSEY. Mr. Chairman, I rise in goal that we all share. three times greater than the target set strong opposition to the Tiahrt amendment to It also is helpful for women to deter- for men. This, of course, is no accident. the foreign operations bill. mine the size and timing of their fami- Everyone knows government en- Each year in the developing world, 600,000 lies and that should not be a matter of forced quotas for population control women die of pregnancy-related complica- coercion but a matter of conscience bureaucracies inevitably lead to tions. Maternal mortality is the largest single and of health and well-being of that women being coerced. In Peru and cause of death among women in their repro- particular family. So certainly invol- other poor nations involuntary steri- ductive years. untary sterilization, et cetera, has no lizations of women has been the result. That is why, Mr. Chairman, our support for place in any family planning projects And in several instances, the proce- reproductive health services becomes more that we would support. In fact, they dure, as the gentleman from Kansas important every day. Voluntary family planning would be repulsive to all of us who sup- (Mr. TIAHRT) said, has been performed services give mothers and families new port international family planning. by butchers in unsanitary conditions, choices and new hopeÐincreasing child sur- Again, the thoughtful Tiahrt amend- which has led to death. Women in poor vival and promoting safe motherhood. Without ment gives us the opportunity to say nations are vulnerable because their our support for international family planning, how many families internationally reproductive health needs are easily women in developing nations will face more have benefited from that and that in exploited by programs which move unwanted pregnancies, more poverty, and our bill, we do support projects which from making family planning available more despair. Georgetown University has played a to making them compulsory. Mr. Chairman, I find it to be extremely ironic role in that provide projects, that pro- that often the same people who would deny b vide natural family planning as their 1845 women in the developing world the choice of means of just that, family planning. In Mexico, hundreds of cases of forced an abortion, would also seek to eliminate our The amendment also requires a re- sterilizations have been documented support for family planning programs that re- port from the administrator within 30 and women routinely are inserted with duce the need for abortion. H8004 CONGRESSIONAL RECORD — HOUSE September 17, 1998 Without access to safe and affordable family Mr. DEUTSCH. And that is regardless KEDO’s debt situation for a long time planning services, there will be more abor- of going back and forth, from side to and has legislated a solution to it. tions, not fewer. The abortions will be less side? The only unanticipated contingency safe and put more women's lives in danger. The CHAIRMAN. That is correct. here is that the administration does Mr. Chairman, I wish that I were here today That is under the precedents of the not like the Congress’ considered re- to support legislation that would allow our for- House. sponse to the situation, which Congress eign aid dollars to pay for a full range of repro- The gentleman from Louisiana (Mr. passed and the President signed into ductive health services, not just the limited LIVINGSTON) is recognized for 5 minutes law last year. services that get a rightwing seal of approval on his amendment. I would point out that all U.S. assist- every year. Mr. GILMAN. Mr. Chairman, will the ance for KEDO is, by law, subject to But at the very least, we should keep the gentleman yield? the so-called notification or re- doors of more family planning clinics open for Mr. LIVINGSTON. I yield to the gen- programming procedures under which the women who are desperately in need of tleman from New York. the administration must notify the their information and services. This will help (Mr. GILMAN asked and was given congressional authorization and appro- reduce the number of abortions and improve permission to revise and extend his re- priation committees before obligating the lives of women and their children. marks.) those funds. Mr. Chairman, I urge my colleagues to op- Mr. GILMAN. Mr. Chairman, I rise in For many years, under Democratic pose this amendment to the foreign operations support of this amendment and thank and Republican administrations, it has appropriations bill. the gentleman for yielding. been understood that when these proce- The CHAIRMAN. The question is on Mr. Chairman, we are offering an dures apply, objections by any of the the amendment offered by the gen- amendment in response to the apparent relevant committees to the proposed tleman from Kansas (Mr. TIAHRT). determination of the administration to obligation of funds would be honored The question was taken; and the abuse existing law in order to rush $27 by the administration. In this case, Chairman announced that the ayes ap- million in additional U.S. foreign as- both Chairman HELMS and I have been peared to have it. sistance to North Korea within the informed that our objections would not Mr. OBEY. Mr. Chairman, I object to next 2 weeks. be honored. This is a dramatic depar- the vote on the ground that a quorum Now, many of our colleagues might ture from long-established practice, a is not present and make the point of wonder why the administration would departure that, if continued, would order that a quorum is not present. choose this moment to rush $27 million jeopardize our ability to continue to The CHAIRMAN. Pursuant to House in additional foreign aid to North work with the administration on many Resolution 542, further proceedings on Korea, aid that is to be provided on top sensitive foreign policy issues. the amendment offered by the gen- of $35 million we have already given to This amendment responds to the ad- tleman from Kansas (Mr. TIAHRT) will North Korea so far this year. After all, ministration’s proposal to misuse sec- be postponed. North Korea is a Communist country, tion 451 by repealing that provision of The point of no quorum is considered an official state sponsor of terrorism, law, and also amends section 614 of the withdrawn. and a nation still technically at war Foreign Assistance Act so that the ad- AMENDMENT NO. 4 OFFERED BY MR. LIVINGSTON with our Nation. They just fired a mis- ministration cannot use that provision Mr. LIVINGSTON. Mr. Chairman, I sile across Japan and, according to re- next year to give KEDO more than $35 offer amendment No. 4. cent press reports, have been caught million that was requested by the The CHAIRMAN. The Clerk will des- red-handed building an underground fa- President in the fiscal year 1999 budget ignate the amendment. cility intended to conceal illegal nu- submission. The text of the amendment is as fol- clear activities. In closing, let me say that I recog- lows: But I am not here to question today nize the bill before us is not likely to Amendment No. 4 printed in House Report the wisdom of the administration’s pol- be enacted in time to stop the adminis- 105–725 offered by Mr. LIVINGSTON: icy that has turned North Korea into tration’s misusing section 451 this At the end of the bill, insert after the last the largest recipient of United States year. We are, in effect, closing the barn section (preceding the short tile) the follow- foreign aid in East Asia, even before door after the horse has run away. But ing: the extra $27 million the administra- it would be unconscionable to do noth- TITLE VII—ADDITIONAL GENERAL tion wants to rush their way. I am not ing in response to this proposed abuse PROVISIONS here to question the need for the extra of existing law, and, accordingly, I in- AMENDMENTS TO THE FOREIGN ASSISTANCE ACT $27 million nor the wisdom of the ad- vite support for this amendment. OF 1961 ministration’s timing. But I am here to Mr. LIVINGSTON. Mr. Chairman, I SEC. 701. (a) REPEAL OF CONTINGENCIES PRO- object to their plan to misapply the reserve the balance of my time. VISIONS.— law in order to do all of this. (1) IN GENERAL.—Chapter 5 of part I of the The CHAIRMAN. Does the gentle- Foreign Assistance Act of 1961 (22 U.S.C. One of the legal authorities they plan woman from California (Ms. PELOSI) 2261) is hereby repealed. to use to rush this extra funding to seek the time in opposition? (2) CONFORMING AMENDMENTS.—(A) Section North Korea is section 451 of the For- Ms. PELOSI. Yes, I do, Mr. Chair- 634A(a) of such Act (22 U.S.C. 2394–1(a)) is eign Assistance Act. That provision al- man. amended in the first sentence by striking lows the President to spend up to $25 The CHAIRMAN. The gentlewoman ‘‘, chapter 5 of part I.’’. million per year on unanticipated con- from California (Ms. PELOSI) is recog- (B) Section 653(a) of such Act (22 U.S.C. tingencies. The administration pro- nized for 5 minutes. 2413(a)) is amended by striking ‘‘451 or’’. (b) SPECIAL AUTHORITIES PROVISION.—Sec- poses to declare that North Korea’s Ms. PELOSI. Mr. Chairman, it is tion 614(a)(4)(C) of the Foreign Assistance need for more foreign aid is an unan- with the greatest regard for the distin- Act of 1961 (22 U.S.C. 2364(a)(4)(C)) is amend- ticipated contingency. That, of course, guished chairman of the Committee on ed by striking ‘‘$50,000,000’’ and inserting is observed. International Relations that I reluc- ‘‘$35,000,000’’. KEDO, the international organiza- tantly rise in opposition to his amend- PARLIAMENTARY INQUIRY tion that delivers our aid to Korea is ment. We usually are in more agree- Mr. DEUTSCH. Mr. Chairman, I have deeply in debt. But that is nothing ment than we are today, but I have a parliamentary inquiry. new. This fact was brought to the at- grave concerns that this amendment I was under the impression that we tention of the Committee on Appro- can do real damage. are going from side to side, and the last priations last year, and the Congress I understand that this amendment amendment was offered by the other agreed to insert additional funds in the has come about because of Congress’ side of the aisle. fiscal year 1998 foreign operations bill understandable concerns about the ad- The CHAIRMAN. Members of the for KEDO. The administration did not ministration’s use of the transfer au- committee have precedence for rec- think those extra funds were sufficient. thority to provide assistance to the Ko- ognition, and the chairman of the rel- But we often end up giving the admin- rean Peninsula Energy Development evant committee has additional prece- istration less money than it wants. The Organization. However, I think that dence upon recognition. fact is that Congress has known this amendment severely constrains September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8005 the use of the section 614 waiver and to nent Select Committee on Intelligence, NATIONAL MILITARY EDUCATION AND TRAIN- end altogether the Secretary’s author- several of the members, I do not see ING’’, after the first dollar amount, insert the ity under section 451. any of them in the room at this time, following: ‘‘(decreased by $1,400,000)’’. These are two extraordinary authori- visited North Korea last year. And by Mr. TORRES (during the reading). ties used judiciously by all administra- that, I do not mean Panmunjom but Mr. Chairman, I ask unanimous con- tions, including the present one, to re- into North Korea, to P’yonghang the sent that the amendment be considered spond to urgent and unforeseen foreign capital, and I can certainly firsthand as read and printed in the RECORD. aid requirements. I am particularly agree with the horrible state of affairs. The CHAIRMAN. Is there objection concerned because it is directed at As a member of the Subcommittee on to the request of the gentleman from KEDO specifically, the Korean Energy Foreign Operations, Export Financing California? Development Organization. KEDO’s and Related Programs of the Commit- There was no objection. needs are urgent. tee on Appropriations, I have traveled Mr. CALLAHAN. Mr. Chairman, I re- We are well aware of strong opposi- with our chairman and members of the serve a point of order. tion on the other side to KEDO, and committee throughout the world and Let me just see exactly where we are. that debate had appropriately taken have seen poverty everyplace. But the As I understand it, the gentleman place in our committee. I regret enor- poverty of spirit we saw in North from California (Mr. TORRES) has re- mously that the Committee on Rules Korea, the cruelty of the regime, that quested as a member of the committee did not allow my amendment in order, they could sit back while their people that he bring up an amendment that is which would have been a very fair were eating bark and roots and grass, in order by the gentleman from Penn- amendment, which would say none of and yet spend a fortune on the war ma- sylvania (Mr. GOODLING). Is that cor- the funds would go unless the U.S., we chine that is there, because they are rect? ourselves, the United States, could focused and they are militant and they The CHAIRMAN. The Chair would in- confirm that the North Koreans were are irresponsible, it is for those reasons form the gentleman that any Member complying, that we had access to con- that I think we are playing with fire may call up an amendment which has firm the compliance. But the Commit- today when we are trying to tie the been printed in the RECORD. The gen- tee on Rules chose to reject that. Now hands of the administration. tleman from California (Mr. TORRES) as the chairman is coming in with a fur- Once again, the inconsistency of our a member of the committee has called ther hit at the administration on this. colleagues who argue on 907 that we up the amendment which has been I say to the chairman, with all due should not tie the administration’s read. respect on this, that he is playing with hands, and on this very, very dangerous Mr. CALLAHAN. Out of deference to fire. We played with fire in the com- issue, proceed to do just exactly that. the gentleman from Pennsylvania (Mr. mittee, and this is another step down This is a very serious vote. I urge my GOODLING), I would like to ask, is he that road. And so I urge our colleagues colleagues to vote ‘‘no’’ on the Gilman aware that the gentleman is bringing to oppose the Gilman amendment. amendment. his amendment up at this time? Could Mr. OBEY. Mr. Chairman, will the Mr. LIVINGSTON. Mr. Chairman, I I make that inquiry? gentlewoman yield? urge the support of the amendment. The CHAIRMAN. The gentleman does Ms. PELOSI. I yield to the distin- If 50 years ago we had said to Adolf not state a parliamentary inquiry. guished ranking member of the com- Hitler, ‘‘We will build you a truck Does the gentleman wish to reserve a mittee, the gentleman from Wisconsin. plant if you just promise us that you point of order? Mr. OBEY. Mr. Chairman, I think the won’t build any tank plants,’’ I think Mr. CALLAHAN. I reserve a point of House has an obligation here to think people would have thrown us all out of order. not about whether we like or dislike office. That is basically what we are The CHAIRMAN. The gentleman re- the North Korean regime, but what doing with the North Koreans. We are serves a point of order. will most protect the interests of the building them a peaceful nuclear reac- The gentleman from California (Mr. United States. tor in hopes they will not build any TORRES) is recognized for 5 minutes on There is no regime in the world that harmful nuclear reactors or engage in his amendment. is one-tenth as crazy, as wrong, as abu- dangerous missile development. Mr. TORRES. Mr. Chairman, I yield sive, and as dangerous as the North Ko- The fact is they are not even keeping to the gentleman from Massachusetts rean regime. Everybody understands their part of the bargain. They (Mr. KENNEDY). that. But the way to deal with an un- launched a missile over Japan, and this Mr. KENNEDY of Massachusetts. Mr. stable regime, which at any moment administration wants to throw money Chairman, if you could explain to me could take an action which could put at them. The administration got per- the parliamentary procedure to offer a 50,000 American troops at risk, is not to mission from us to spend $15 million. substitute amendment to the Torres eliminate the administration’s flexibil- They then spent $27 million and have amendment. ity in dealing with it. just thrown it at North Korea in the The CHAIRMAN. The gentleman With all due respect, if we are going hope that they will be less dangerous. from California is not able to yield to to leave in the middle of October and This will not happen. another Member for the purpose of of- not be back in session until late Janu- Let us not spend any more money fering an amendment, but for debate ary or February, we cannot afford to and let us not give this waiver author- only. When the gentleman from Cali- have the administration without the ity. I urge adoption of the amendment. fornia has completed his debate, then authority to react to the world. And The CHAIRMAN. The question is on other Members may be recognized and this amendment, in my view, simply the amendment offered by the gen- at that point an amendment to the adds to the reckless nature of the pro- tleman from Louisiana (Mr. LIVING- amendment may be in order. visions already in the bill. STON). The gentleman from California is It is misguided because we do not The amendment was agreed to. recognized on his amendment. like certain folks, if we take away our b 1900 Mr. TORRES. Mr. Chairman, I want own tools in protecting our national to begin my remarks as I started out interest in dealing with those folks. I AMENDMENT NO. 17 OFFERED BY MR. TORRES earlier by thanking the gentleman do not think it is an either wise or re- Mr. TORRES. Mr. Chairman, I offer from Alabama (Mr. CALLAHAN) for his sponsible thing to do and I would urge an amendment. ongoing efforts to working with me on opposition. The Clerk read as follows: funding for the School of the Americas Ms. PELOSI. Mr. Chairman, reclaim- Amendment No. 17 offered by Mr. TORRES: provided in the foreign operations bill. ing my time, and following on the re- In title II, in the item relating to ‘‘OTHER I would point out that this year’s bill marks of our distinguished ranking BILATERAL ECONOMIC ASSISTANCE, ECONOMIC contains similar language to what we SUPPORT FUND’’, after the first dollar member, I want to say that I share the amount, insert the following: ‘‘(decreased by adopted last year conditioning funding concerns that our colleagues have $14,000,000)’’. for the school on a certification report about the irresponsibility of the North In title III, in the item relating to ‘‘FUNDS to be presented in January of 1999. Korean regime. Members of the Perma- APPROPRIATED TO THE PRESIDENT, INTER- Now, one positive outcome of last H8006 CONGRESSIONAL RECORD — HOUSE September 17, 1998 year’s requirements is the establish- in Colombia. Paramilitary organiza- Gen. Hernan Jose Guzma´ n Rodre´guez.— ment of screening procedures at U.S. tions operating with the complicity or Dismissed by President Samper in 1994 in an embassies for all candidates to U.S. even direct support of the armed forces overhaul of military leadership to root out corruption and drug trafficking (Reuters, 11/ military training programs, including were responsible for 60 percent of those 22/94), Guzma´ n was alleged to protect and aid the School of the Americas. Our em- killings. A definitive human rights re- the paramilitary death squad MAS between bassy personnel are now required to do port reveals that an astounding 124 out 1987 and 1990, when it was responsible for at a double-check of the candidates once of 247 military personnel, that is 50 per- least 149 killings. He also commanded the the host country has done an initial cent, 50 percent of Colombian officials soldiers who tortured, gang raped and exe- screening. The new screening process if responsible for human rights violations cuted Yolanda Acevedo Carvajal in 1986 (also carried out properly can certainly were graduates of the school. Mr. implicated was SOA graduate 1st Lt. Samuel prove valuable to weed out those indi- Lesmes Castro, 1984, Cadet Arms Orienta- Chairman, that is not just a bunch of tion). (Organization Mundial contra la viduals with questionable backgrounds. bad apples. Tortura, et al., El Terrorismo de Estado en Yet I am compelled today with my col- Mr. Chairman, I include in my re- Colombia, 1992) In 1993, after these crimes, leagues the gentleman from Massachu- marks the list of those officers. Guzma´ n was added to the SOA ‘‘Hall of setts (Mr. KENNEDY) and the gentleman The document referred to is as fol- Fame.’’ (1969, Maintenance Orientation) from Illinois (Mr. YATES) to offer this lows: Cpt. Gilberto Ibarra.—Used 3 peasant chil- dren in February 1992 to walk in front of his amendment to prohibit any of the THE SCHOOL OF THE AMERICAS AND COLOMBIA: funds in this bill to be used for the patrol to detonate mines. Two were killed; A DISHONOR ROLL one was seriously wounded. (U.S. Committee school. Colombia’s SOA graduates feature some of for Refugees, Feeding the Tiger, Colombia’s I was disappointed in the certifi- the principal architects of military-para- Internally Displaced, 1993) (1983, Cadet Arms cation report presented this past Janu- military collaboration that fuels much of the Orientation) ary wherein the Defense Department violence in the escalating human rights cri- Segovia Massacre.—Nine SOA graduates contended that the conditions to allow sis in Colombia today. Over 3500 people were were implicated in the 1988 massacre at funding to the school had been met. killed for political reasons in 1997; while the Segovia, in which 43 people died, including Those conditions had resulted from a violence originates from all sides, several children. (Capt. Gilberto Alzate paramilitaries were responsible for 69% of Alzate, 1983, Cadet Arms Orientation; Henry sustained public outcry from our con- these killings last year, according to the Borda, who was issued an arrest warrant for stituents over the human rights track State Department. Paramilitary organiza- his failure to prevent the massacre, 1980, record of the School of the Americas’ tions operate frequently with the complicity, Cadet Arms Orientation; Major Luis Roberto graduates and revelations that the and in some regions the direct support, of Garcia Ronderos, 1983, Patrol Operations; 1st school taught techniques that violated the armed forces. A shocking 124 out of 247 Lt. Edgardo Herna´ ndez Navarro, 1985, Com- human rights. Unfortunately the cer- military personnel—50 percent—cited in the bat Arms Orientation; Gen. Rau´ l Rojas tification report revealed a lack of un- definitive work on Colombian officials re- Cubillos, 1971, Special Maintenance Orienta- tion; Capt. Luis Fernando Rojas Espinoza, derstanding on the part of the military sponsible for human rights violations (El Terrorismo de Estado en Colombia), were 1984, Cadet Arms Orientation; 1st Lt. Carlos establishment on the depth of the SOA graduates. Some Colombians implicated Eduardo Santacruz Estrada, 1983, Cadet human rights concerns surrounding the in severe human rights violations were fea- Arms Orientation; Capt. Hugo Alberto Va- school and a lack of commitment, if tured as guest speakers or instructors or in- lencia Vivas, 1980, Cadet Arms Orientation.) you will, to improve the school’s teach- cluded in the ‘‘Hall of Fame’’ at the SOA (El Terrorismo de Estado en Colombia) ing. after their involvement in such crimes. The Trujillo ‘‘Chainsaw’’ Massacres.—Three Has the School of the Americas re- list below is only a small sample of Colom- SOA graduates were implicated in the grue- formed? Well, I see there are few bian SOA graduates involved in horrific some Trujillo massacres, in which from 1988– human rights abuses. The abuses continue. 91, at least 107 prisoners of the village of changes in the school’s standard cur- Trujillo were tortured and murdered—Col. riculum. Most students continue to get Pauxelino Latorre Gamboa.—Commander of the Twentieth Brigade when it was impli- Alirio Antonio Uruen˜ a Jaramillo (1976, Small only a mandatory four hours of human cated in the murders of three human rights Unit Infantry Tactics), Col. Roberto rights training in the courses that defenders in 1998. The Twentieth Brigade was Herna´ ndez Herna´ ndez (1970, Automotive range from eight days to 47 weeks. just disbanded in late May by the Colombian Maintenance Officer; 1976, Small Unit Infan- There are continuing problems in the government because of its involvement in try Tactics) and General Eduardo Plata ˜ oversight of the curriculum because these and other grave human rights viola- Quinones (1977, Command and General Staff College, distinguished graduate; 1969, Main- there is still no adequate external eval- tions. Information provided by troops under his command led to the May 1998 illegal as- tenance Orientation). One eyewitness said uation of the current curriculum. Most Uruen˜ a tortured prisoners, including elderly of the curriculum evaluations are done sault on the offices of the Catholic human rights group, Justice and Peace (Justicia y women, with water hoses, stuffed them into by subject matter experts, which are Paz). In this raid, soldiers held guns to the coffee sacks, and chopped them to pieces ˜ the instructors for the course that they heads of nuns and other workers, forcing with a chainsaw. Uruena was dismissed from ˜ are responsible for reviewing. Further- them to kneel on the ground while soldiers the army in 1995. Quinones is believed at a minimum to have been involved in the cover- more, there is a blatant admission by ransacked office files. (1980, Commando Oper- up. (AP, 2/7/95; El Terrorismo de Estado en Co- the Defense Department that it has no ations) Gen. Mario Hugo Galan.—Just in the news lombia.) intentions of monitoring the school. Riofrio Massacre. Alfonso Vega Garzon for calling Human Rights Watch/Americas These days, most government pro- (1989, Cadet Artillery Orientation) allegedly director Jose Miguel Vivanco and a Washing- grams are scrutinized for performance took part in the 1993 Riofrio massacre and ton Post reporter ‘‘enemies of the people’’ was charged by the Attorney General’s Office measurements and results. Unlike for reporting that the Twentieth Brigade was other universities which are private in- on 12/6/94 (El Espectador, 12/6/94). Jesus Maria being investigated in connection with the Vergara was commander of the Third Divi- stitutions, the School of the Americas, murders of human rights defenders. Such a sion when troops under his command com- a government, tax-funded institution, label is tantamount to a death threat. (1971, mitted the Riofrio massacre. He took part in must be accountable to the U.S. tax- course #0–26) the subsequent coverup. (Special Mainte- payer and judged by measurable re- Gen. (Ret.) Farouk Yanine Diaz.—Former nance Orientation, 1971) sults. By refusing to monitor its grad- commander of the army’s Second Division in Chucuri Paramilitaries. Four out of seven Bucaramanga, Yanine ‘‘was accused of estab- uates, the School of the Americas de- officers charged by human rights delegate lishing and expanding paramilitary death for the armed forces in November 1992 for nies the taxpayers that right. squads in the Middle Magdalena region, as Mr. Chairman, in addition, new links their role in organizing paramilitaries in the well as ordering dozens of disappearances, Chucuri region were trained in the SOA. between human rights violations and multiple large-scale massacres, and the kill- (Human Rights Watch, Colombia’s Killer Net- the School of the Americas graduates ing of judges and court personnel sent to in- works, 1996, p. 81.) (General Carlos Gil Colo- have been identified. In particular, the vestigate previous crimes.’’ (State Dept. rado, Course #0–6, 1969; Capt. Gilberto Ibarra graduates of the school from Colombia. Human Rights Report for 1997) (1991, 1990, Mendoza, Cadet Arms Orientation, 1983; They are some of the principal archi- guest speaker at the SOA; 1969, Maintenance Capt. Orlando Pulido, Cadet Branch Orienta- tects of military-paramilitary collabo- Orientation.) Yanine’s SOA guest appear- tion, 1983; Lt. Francisco Javier Corrales, ances occurred after his alleged involvement Cadet Arms Orientation, 1987) ration that fuel the escalating viola- in crimes such as the 1988 Uraba´ massacre of Enrique Camacho Jimenez. Attorney Gen- tions in Colombia today. The statistics 20 banana workers, the 1987 assassination of eral’s office issued a warrant for his arrest in are staggering. Last year, over 3,500 the mayor of Sabana de Torres, and the 1987 connection with the formation of para- people were killed for political reasons massacre of 19 businessmen. military groups that kidnapped and killed September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8007 five peasants (El Espectador, 12/23/94). (1985, Col. Rito Alejo as commander of the 17th great progress in promoting demo- Cadet Arms Orientation) Brigade in Uraba´ during the mid-1990s facili- cratic values and respect for human 1st Lt. Luis Enrique Andrade Ortiz.—Al- tated one of the most ruthless paramilitary rights through intensive interaction at leged to be intellectual author of a 1989 para- campaigns in the country. Believed to be one all levels with the defense establish- military massacre of a judicial commission, of the Colombians recently denied a visa by in which 12 officials, including 2 judges, were the United States. (Washington Office on ments of the region. The Defense Min- killed; they were investigating military– Latin America, ‘‘Human Rights Advocates isterial of the Americas, senior bilat- paramilitary cooperation (also implicated Under Attack in Colombia,’’ 1997) (1967, eral meetings, joint staff talks, and was fellow SOA grad. Col. Ramo´ n de Jesus Cadet Orientation Course) service chiefs’ conferences convey our Santander Fuentes, 1986, Command and Gen- Capt. Juan C. Alvarez.—As commander of concerns at the highest levels.’’ eral Staff); implicated in Ramirez family the Barrancabermeja intelligence network, So here we have the man that the massacre, 1986, and other murders. (El Alvarez is alleged to have given the orders to President has put in charge of the na- Terrorismo de Estado en Colombia) (1983, Cadet paramilitaries to carry out killings. Dozens tional defense telling us that this is Arms Orientation) of murders of local citizens were attributed Victor Bernal Castan˜ o—Colombian legisla- very critical. Now, he is talking about to the network during 1991–2. (Human Rights the School of the Americas. If he knew ture asserts that Bernal Castan˜ o was en- Watch, Colombia’s Killer Networks, 1996, pp. rolled at the SOA to avoid having to answer 30–41.) (1987, Psychological Operations) tonight that we were talking about re- to investigator about the Fusagasuga mas- In 1997, 99 Colombians were trained at the ducing the funding for IMET training, sacre of a peasant family. (Charles Call, School of the Americas; Colombia was num- which is the fund that trains military Miami Herald, 9/9/92). (Command and General ber 3 of countries sending the most students people all over the world so we do need Staff, 1992; made ‘‘Chief of Course’’) to the school that year. 1st Lt. Pedro Nei Acosta Gaivis.—Ordered to engage in any encounter that the the massacre of 11 campesinos, 1990. (El This list, of almost 40 high-ranking people who are fighting alongside our Terrorismo del Estado en Colombia) (Cadet Arms Colombian military officers who at- soldiers and sailors will know exactly Orientation, 1986) tended the school have been linked to what we are doing. They will know our Capt. Carlos Javier Arenas Jimenez.—Par- murders, assassinations, disappear- methodology. I think it is a very seri- ticipated in the detention and torture of 19 ances, massacres, tortures, rapes, et ous mistake. individuals in June 1988. (El Terrorismo de cetera, et cetera of Colombian civil- I know where the gentleman is com- Estado en Colombia) (1987, Cadet Arms Ori- ing from and I know where the gen- entation) ians. One of the most notorious grad- Major Alejandro de Jesus Alvarez Henao.— uates is the commander of Colombia’s tleman from Massachusetts (Mr. KEN- Principal member of ‘‘Muerte a infamous 20th Brigade which was im- NEDY) is coming from. But the amend- Secuestradores’’ (MAS), a paramilitary plicated in February of 1998, this year, ment before us tonight is simply say- death squad responsible for numerous assas- for the murders of three human rights ing we reduce the IMET training appro- sinations and disappearances (El Terrorismo activists. priation by a total of $750,000. So even de Estado en Colombia)(1984, Joint Operations) The CHAIRMAN. Does the gentleman with this amendment, it would not Capt. Hector Alirio Forero Quintero.— deny the Administration the ability to Commanded a patrol that disappeared 4 peo- from Alabama insist upon his point of ple on Feb. 11, 1988. On the same day, he him- order? spend the rest of the IMET training on self detained 2 more individuals and tortured Mr. CALLAHAN. No, Mr. Chairman, I the School of the Americas, so you are them with the help of fellow SOA graduate am going to remove my reservation of not really accomplishing your purpose. Carlos Morales del Rı´o. (El Terrorismo de a point of order. I just think if you looked at the Estado en Colombia) (1977, Small Unit Infan- Mr. Chairman, I move to strike the School of the Americas, and I know all try Tactics) last word. of the horrible history that the Jesuit Gen. Ramon Emilio Gil Bermudez.—Dis- priests have told me about, question- missed from his position as commander of The CHAIRMAN. The gentleman Colombian Armed Forces in November 1994 from Alabama is recognized for 5 min- able curriculum at the School of the in an effort by President Samper to root out utes. Americas, but I sent my staff down corruption and drug trafficking among the Mr. CALLAHAN. Mr. Chairman, a there, and we checked the curriculum, armed forces (Reuters, 11/22/94), Gil is alleged part of my request is to delay the proc- and I have conveyed to them that if to have established, protected, and partici- ess until we can give the gentleman anyone anywhere can show me one iota pated in the activities of the MAS death of a textbook that teaches soldiers to squad. (In 1988, after his alleged death squad from Pennsylvania (Mr. GOODLING), who is the principal sponsor of the go back to their countries and violate involvement, was guest speaker at SOA; 1969, human rights, I personally will do ev- Maintenance Orientation.) original amendment, an opportunity to Gen. Marino Gutierrez Isaza.—Implicated come to the floor and explain what his erything I can to shut it down. But in the killing of Gustavo Albeiro Munoz original amendment did. Based upon that is not the case. I think we should continue the Hurtado in May 1982. (Guest instructor, 1985– what I am reading here, I do not think School of the Americas. At this point I 86; 1973, Military Police Intelligence) I am really going to object to his Major Jorge Lazaro Vergel.—Aguachica think we ought to have a full debate. military commander who, according to a 1995 amendment, as far as final passage is Mr. LIVINGSTON. Mr. Chairman, police investigation, organized local concerned. But I do think we ought to will the gentleman yield? paramilitaries. In June 1995, paramilitaries take this time, especially since the Mr. CALLAHAN. I yield to the gen- under his command carried out the Puerto gentleman from Pennsylvania is not tleman from Louisiana. Patin˜ o massacre, in which 8 people in a vil- here to defend his original amendment, Mr. LIVINGSTON. I am advised that lage were executed. (Human Rights Watch, we ought to take this time to talk Jeffrey Dahmer, the human cannibal Colombia’s Killer Networks, 1996, pp. 48–51.) about the merits or demerits of the (1981, Cadet Arms Orientation.) from the Midwest who is now long past Gen. Jaime Ruiz Barera.—Implicated in School of the Americas. this life, was a graduate of Ohio State. the assassination of Colombia’s Attorney I for one agree with the Secretary of By the reasoning of the minority, we General Carlos Mauro Hoyos in 1988 and al- Defense who has contacted me as late would close down Ohio State because of leged to have ordered the assassination and as this afternoon and told me how Jeffrey Dahmer. torture of Claudio Medina Caycedo in 1979 (El very, very important IMET training is Mr. CALLAHAN. I know that, if I Terrorismo de Estado en Colombia) (Attended to our national defense. No more than may reclaim my time, you are not SOA after assassination of attorney general, I want to interfere with the Secretary going to believe this, Mr. Chairman, 1970, Military Intelligence) Gen. Luis Bernardo Urbina Sanchez.—Im- of State’s ability to have an effective but I imagine even some graduates of plicated in paramilitary death squad activ- foreign policy, do I want to do any- the University of Alabama have com- ity, 1988–89; in the assassination of Amparo thing, and especially in a bill with my mitted some atrocious crimes. But we Tordecilla, 1989 and Union Patriotica mem- name on it, that would deny the Sec- ought not shut down the University of ber Alvaro Garces Parra; in ordering the de- retary of Defense the funds to effec- Alabama because of that. Now, when tention, torture and assassination of Mario tively have a national defense, and they play Auburn University, it is dif- Alexander Grandados Plazas, 1987; in the dis- that is precisely what he tells me. ferent. Maybe they ought to be dis- appearance of William Camacho Barajas and He tells me that the U.S. Army advantaged, because my kids now at- Orlando Garcia Gonzalez, 1986. (El Terrorismo School of the Americas ‘‘continues to de Estado en Colombia) (1985, Command and tend Auburn University and I have sort General Staff College) be a key asset for pursuing our na- of had a transfer of allegiances there. Col. Rito Alejo Del Rio Rojas.—Recently tional security strategy in Latin Amer- But I do think, the gentleman from promoted to commander of the Bogota area, ica,’’ for example. ‘‘We have made Pennsylvania (Mr. GOODLING) ought to H8008 CONGRESSIONAL RECORD — HOUSE September 17, 1998 be able to defend the substitute that ask unanimous consent that the Here are the facts: has been offered to his amendment and, amendment offered as a substitute for The commander of Colombia’s 20th I would encourage Members of the the amendment be considered as read Brigade was linked to the murder of 3 House to take heed to the Secretary of and printed in the RECORD. human rights’ workers earlier this Defense, who has asked us today, The CHAIRMAN. Is there objection year. please, do not cut these funds. to the request of the gentleman from A fellow Colombian SOA graduate THE SECRETARY OF DEFENSE, Massachusetts? forced 3 peasant children to act as DEFENSE PENTAGON, There was no objection. human minesweepers, and 2 died when Washington, DC, September 17, 1998. Mr. KENNEDY of Massachusetts. Mr. they stepped on explosives. Hon. SONNY CALLAHAN, Chairman, first of all I want to say a Journalist Richard Velez testified on Chairman, Subcommittee on Foreign Oper- few words about the individuals who ations, Export Financing and Related Pro- Capitol Hill that he was beaten by are also cosponsoring and have initi- troops under the command of another grams, U.S. House of Representatives, ated this amendment at other times, Washington, DC. SOA graduate, where he was recording DEAR MR. CHAIRMAN: Earlier this year in and that is my good friend the gen- footage of soldiers striking a peasant fulfillment of the Foreign Operations, Ex- tleman from California (Mr. TORRES) demonstrator with a rifle butt. port Financing and Related Programs Appro- who himself has dedicated his life to The Guatemalan bishop issued a re- priations Act for Fiscal Year 1998. I for- improving the lives of not only His- port linking the School of the Ameri- warded a letter and report to Congress on the panic Americans here in the United cas’ graduates with some of the worst U.S. Army School of the Americas. That re- States but Hispanic Americans abuses in that country. port explained how we are ensuring that the throughout the hemisphere. He has school is providing the kind of instruction In Mexico, an SOA graduate com- worked extensively throughout Latin the American people expect from its mili- manded the troops who committed the America, he has been involved in our tary services. As I wrote you then, the in- 1994 Chiapas massacre. own military in that region, and he is struction and training provided by the Defenders of the school have taken a a very, very strong supporter with School of the Americas is fully consistent page right out of the psyops manual with the training and doctrine, particularly great credentials to say that the fund- and come forward with another ration- with respect to the observance of human ing for the School of the Americas rights, provided by the Department of De- should come to an end. ale to keep the school open. It is called fense to our own military students. I am also joined by my friend and our counternarcotics. But dressing up the The U.S. Army School of the Americas school in a new uniform will not fool continues to be a key asset for pursuing our most senior colleague the gentleman from Illinois (Mr. YATES) although you anyone. The fact is that only 75 of the national security strategy in Latin America. 981 students, less than 10 percent, took We have made great progress in promoting would never know that by looking at democratic values and respect for human him. He, too, has had a distinguished the counternarcotics operation course. rights through intensive interaction at all record of standing up for the poor and Mexico, a major transshipment point levels with the defense establishments of the for people that are voiceless in our for drugs headed to the United States, region. The Defense Ministerial of the Amer- world. I am honored to have him join trains more military personnel than icas, senior bilateral meetings, joint staff with us this evening to declare that any other nation at the SOA. A full talks, and service chiefs’ conferences convey once and for all, school is out for the third of last year’s student body came our concerns at the highest levels. However, from Mexico, but only 10 percent of the it is through our interaction with lower level School of the Americas. officers, noncommissioned officer and sol- Defenders of the school used to claim Mexican officers took the counter- diers that we make our biggest impact over that they did not teach human rights narcotics operations course. the long run, and the School of the Americas abuses. But then a set of torture manu- Defenders of the school cite the is one of the best ways to reach them. Stu- als were found in the curriculum. De- SOA’s new-found commitment to dents of the school return to operational fenders of the school used to claim that human rights, but let us look at that. units and put the lessons they have learned they taught our allies to respect That commitment extends to a single about professionalism, subordination to ci- 4-hour mandatory human rights course vilian leadership, and respect for human human rights. But then one of the in- rights to immediate use. These are the peo- structors came forward and said that which includes a slide show, a movie ple that will lead the military institutions of the courses were a joke. Defenders of and a quiz. The SOA curriculum does the future. the school used to claim that the include a 2-week elective human rights I hope that you will support our efforts to School of the Americas should not be train-the-trainer qualification course, maintain the U.S. Army School of the Amer- shut down just because a few bad ap- but not a single student has ever both- icas as viable asset in meeting our national ples had attended the school, like con- ered to sign up for it. goals and objectives in Latin America. I reit- Defenders of the school say it has erate my commitment to the Congress and victed drug dealer Manuel Noriega of to the American people that the School of Panama or El Salvador death squad cleaned up its act, but how do we the Americas is and will continue to be a leader Roberto D’Aubuisson. But it is know? There is absolutely no tracking professional U.S. military institution, dedi- not just a few bad apples. It is enough of graduates to measure whether or not cated to the goals of improving military pro- of the barrel to say the whole thing is our foreign policy goals are being met fessionalism, encouraging regional coopera- rotten. by the school or whether or not the tion, supporting democratic ideals and prin- b 1915 human rights training is making any ciples, and promoting respect for human impression at all. rights. Here are the facts: Mr. Chairman, I rise today not only Sincerely, The School of the Americas’ grad- BILL COHEN. in the name of peace and justice, but in uates include 19 of the 26 El Salvadoran the memory of all of those who are not AMENDMENT OFFERED BY MR. KENNEDY OF MAS- officers accused of the 1989 murders of present to speak out today against the SACHUSETTS AS A SUBSTITUTE FOR AMEND- four Jesuit priests, school: the victims of these massacres; MENT NO. 17 OFFERED BY MR. TORRES 10 out of the 12 El Salvadoran officers Mr. KENNEDY of Massachusetts. Mr. cited for the El Mozote massacre of 900 the disappeared; those who have been Chairman, I offer an amendment as a civilians; cowed into silence. We will not be si- substitute for the amendment. 2 out of the 3 officers responsible for lenced. Let us defeat the School of the The Clerk read as follows: the assassination of Archbishop Ro- Americas. Amendment offered by Mr. KENNEDY of mero; Mr. GOODLING. Mr. Chairman, I Massachusetts as a substitute for amend- 124 out of the 247 Colombian officers move to strike the last word. ment No. 17 offered by Mr. TORRES: cited in the definitive work on the Co- Mr. Chairman, let me say that I am In lieu of the matter proposed add the fol- totally offended that someone would lowing: lombian human rights abuses; ‘‘In Title III, in the item relating to 6 Peruvian officers involved in the come to this floor and attempt to take ‘‘Funds Appropriated to the President, Inter- murders of 9 students and a professor; my amendment and totally distort it national Military Education and Training’’ 3 top leaders of the fearsome Guate- for whatever purpose they had in mind. after the first dollar amount, insert the fol- malan military intelligence unit, D–2. I have been working on this issue for lowing: ‘‘ ‘(decreased by $756,000)’,’’ Defenders of the school say that the probably 5 or 6 years. Last time, in Mr. KENNEDY of Massachusetts abuses have ended, but that just is not fact, my amendment passed unani- (during the reading). Mr. Chairman, I the case. mously. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8009 What I do in my amendment is tell to make and could make strictly on have seen the human pain, for far too the American people that we will not their own and have nothing to do with long to tolerate it. spend their hard-earned tax dollars by my amendment. So it seems to me that these gentle- sending military aid to 6 countries that Mr. OBEY. Mr. Chairman, I move to men should not be condemned, they cannot even support us 25 percent of strike the requisite number of words. I should be congratulated for enabling the time in the General Assembly in rise in support of the substitute the House to reach a vote on this issue, the United Nations. Cannot even sup- amendment. even though the rules were contrived port us 25 percent of the time. In other Mr. Chairman, I understand the frus- to prevent it in the first place. words, their idea about life and about tration of the Member who just spoke, Mr. Chairman, I yield to the gen- human rights and about all those but I will point out, those of us on this tleman from Illinois (Mr. YATES). things that we hold near and dear in side of the aisle did not vote for the Mr. YATES. Mr. Chairman, I join in this country, their idea is totally oppo- rule that required this procedure. They the amendment to close the school. site. Yet we ask our taxpayers to con- did. We asked them not to. They Closing the school would go a long way stantly send them money. brought a rule to the floor which vio- to dispel the perception that the I do not touch humanitarian aid, I do lated agreements which were made United States only supports military not touch developmental aid, because with the ranking Democratic member juntas in Latin America. maybe there is some hope with both of of the subcommittee on how amend- By a strange trick of fate, Mr. Chair- those to try to do something about ments would be dealt with on family man, this bill contains funds for two their violations of human rights. But planning. They brought a rule to the kinds of messengers that are sent by now we are trying to turn this all floor which established a 5-hour cap on the United States to Latin America. around and say, well, these specific all debates, so that if one amendment We are sending the graduates of this countries have something to do with took longer than it should, other peo- school who go down there to act as dic- human rights violations. It has nothing ple would be squeezed out and would tators and violate the human rights of related to my amendment, which deals not be able to offer theirs. And then the people of the countries to which with their ability to support us in the when the gentleman from California they are sent. We are also sending the United Nations 25 percent of the time. (Mr. TORRES) did precisely what the Peace Corps to build up the countries, To me it is just a total unbelievable gentleman from Pennsylvania (Mr. to educate the people, to foster the miscarriage of what we normally would GOODLING) asked, said that he should best interests of the people of the coun- think of camaraderie, I suppose, in the have done, he tried to offer his amend- try. In which group do we believe? And Congress of the United States. ment on the School for Americas, and which is better for the country? Again, when I began this crusade, he was precluded from doing so because I think the school should be closed. there were 30-some nations who could of the nature of the rule. The $15 million that this bill would not vote with us 25 percent of the time So what happened was that the gen- have included ought to be made avail- because their beliefs were so opposite tleman from California (Mr. TORRES) able for the Peace Corps, and it would of what we believe in the United and the gentleman from Massachusetts be better for the countries they serve. States, and that is fine. That is fine for (Mr. KENNEDY) were left with no choice So I say, Mr. Chairman, let us close them. But we do not spend U.S. dollars, but to use the rule that they imposed the school because of the history of we do not spend tax dollars to support on us to enable us to debate this issue, what has happened and is still happen- those violations. and the reason we did it is because this ing down there. Thirty-some nations, when I first amendment goes to the core values of Mr. OBEY. Mr. Chairman, I yield to began this crusade; we are now down to what it means to be an American. the gentlewoman from New York (Mrs. 6. And again, I am totally offended that What it means to be an American is LOWEY). we would take my amendment, distort not to support a school for the Ameri- Mrs. LOWEY. Mr. Chairman, I rise in it, use it for some other purpose totally cas that produces some of the biggest strong support of the Torres-Kennedy different than what I had intended in butchers who have reigned in Central amendment which would help us close the first place. America or Latin America. the U.S. Army School of the Americas I am looking at taxpayers’ dollars, Mr. Chairman, the gentleman has once and for all. taxpayers’ dollars that we are collect- had his time, and I would be happy to The School of the Americas has ing to send to nations and send mili- yield to him after I make my point, but taught some of the most ruthless dic- tary aid to nations that cannot even the gentleman said his piece and I am tators in Latin America to torture support us 25 percent of the time in our going to say mine. their opponents, censor their press, in- deliberations in the United Nations. This bill should never have come to timidate their citizens. It must be shut That is a real tragedy. Americans the floor under this rule. In my view, it down. should be incensed, and Americans are is absurd to allow any Member of the The CHAIRMAN. The time of the incensed, and that is exactly why the House to offer an amendment put into gentleman from Wisconsin (Mr. OBEY) last time the legislation passed unani- the RECORD by someone else. But they has expired. mously; not a distortion of the amend- passed that rule, we did not. We are Mr. OBEY. Mr. Chairman, I ask ment, not what someone else wanted to simply operating under the rule, the unanimous consent to proceed for an present, and I am not sure why they only rule that they gave us, and we additional 2 minutes. did not present it on their own, but a found a way, using their rules, to get The CHAIRMAN. Is there objection distortion of my amendment. the amendment onto the floor which to the request of the gentleman from And I cannot emphasize enough, the goes to America’s core values. Wisconsin? American people watch our delibera- And so the question is: Do my col- Objection is heard. tion, American people want to give hu- leagues want to continue to provide fi- b manitarian aid, humanitarian aid and nancial support for a school which has 1930 developmental aid to countries. They a track record which would embarrass Mrs. LOWEY. Mr. Chairman, I move do not wish that we send military aid any decent American who is concerned to strike the requisite number of if, as a matter of fact, everything they about human rights? When this school words. do is totally opposite of the beliefs that produces people like D’Aubuisson, who (Mrs. LOWEY asked and was given we have in this country. goes on national television in El Sal- permission to revise and extend her re- And so again I cannot emphasize vador and publicly threatens the life of marks.) enough: Do not somehow or other re- the American Ambassador there, it is Mrs. LOWEY. Mr. Chairman, as I late this amendment to a good faith ef- time to question whether that school said, the school, in my judgment, must fort to make sure that the 6 remaining, has a curriculum worth teaching. be shut down, but the issue of what to the 6 remaining countries that we are We have heard for years they are do with the School of the Americas now down to, and take them off the hot cleaning up their operation. We have goes well beyond the deplorable actions seat and somehow or other distort that seen the results, we have seen the of the school and right to the heart of by some other effort that others want blood, we have seen the torture, we the United States foreign policy. H8010 CONGRESSIONAL RECORD — HOUSE September 17, 1998 The question before us today is close that school. They could not un- the region would not be affected by this whether the United States has a moral derstand how we, the world’s greatest amendment. responsibility to encourage other gov- defender of human rights, could sup- These programs are by far the central part ernments to respect human rights and port such an institution of terror. They of the U.S. relationship with Latin American democracy. Are human rights and de- could not understand how the United militaries. mocracy just catch phrases we use, or States could run such a school that was The Pentagon's National Defense University are they basic principles that we de- responsible for the deaths of so many recently opened a Center for Hemispheric mand of every Nation? of their brothers and so many of their Studies right here in Washington, DC, to train We must in my judgment demand sisters. Unfortunately, Mr. Chairman, I Latin American officers in civil-military relation- human rights and democracy, in name did not have an answer for these good ships. and in practice, from our own military people, but I did pledge to them that I In brief, our relationships with Latin Amer- and all of our neighbors. That is why would work to speak the truth about ican militaries will not falter by prohibiting any the School of the Americas is an af- the School of the Americas. funds in this bill from going to the School of front to everything that the United Mr. Chairman, since that time, every the Americas. States foreign policy should be about. time I hear of another brutal massacre Our relationship with the people of Latin That is why we must close the school. or egregious abuse of human rights in America, however, who have been so gravely Fifty years ago, the School of the Latin America, the School of the harmed by so many students and graduates of Americas was opened with the goal of Americas graduates are involved. It is the School of the Americas, will be greatly en- improving United States ties to Latin almost uncanny how often we discover hanced. I know many of my colleagues have been American militaries. The idea was to these graduates planned the killings, told that the abuses of the School are in the educate our neighbors to the south covered up the truth, and pulled the past. That simply is not true. Just this year, in about Democratic civilian control of triggers. 1998, three human rights advocates were the military. But over the last few dec- Mr. Chairman, do not just take my murdered in Colombia. The Twentieth Brigade, ades, we started to hear reports of what word for it. Open up any newspaper and commanded by a graduate of the School of was actually being taught there. Words read about what is going on in Mexico’s the Americas, is deeply implicated in these like torture, beating, and execution Chiapas region; read about what is murders. were increasingly being associated going on in Colombia; read about what And so our history of being partners in the with the school’s courses. is going on in Guatemala. Time and murder of the very best, the most democratic, Then, some of the school’s most dis- time again, School of the Americas’ the most humanitarian Latin American citizens tinguished graduates started to turn up graduates are killing their own people, goes on. Thanks to the School of the Ameri- in high positions in Latin American and we are responsible for their train- cas. governments. People like Panama’s ing. The School refuses to review and evaluate drug-dealing dictator Manuel Noriega, Mr. Chairman, I could go on and on, the conduct of its graduates. My esteemed now serving time in a United States but all I ask is please, it is time to colleague, the gentleman from California, Mr. prison on a drug conviction; and Ro- close the school. TORRES, has requested such information and berto D’Aubuisson, who organized Mrs. LOWEY. Mr. Chairman, reclaim- has been told the Pentagon will not undertake many of El Salvador’s notorious death ing my time, I yield to the gentleman such a survey. The School does not want to squads. from Massachusetts (Mr. MCGOVERN). know what its students and graduates are up In response, many of us have been (Mr. MCGOVERN asked and was to. calling for the school to shut down. given permission to revise and extend But let me be clear, the School cannot es- Mr. MOAKLEY. Mr. Chairman, will his remarks.) cape its past, and it cannot escape its present. the gentlewoman yield? Mr. MCGOVERN. Mr. Chairman, I The past is very much alive in the people of Mrs. LOWEY. I yield to the gen- thank the gentlewoman for yielding to Latin America. The past is very much alive in tleman from Massachusetts. me. the hearts and minds and souls of the families Mr. MOAKLEY. Mr. Chairman, I rise I just want to associate myself with and friends and colleagues of those who have to support my colleagues’ efforts to cut the remarks of my colleague, the gen- been murdered, disappeared, tortured and funding for the Army’s School of the tleman from Massachusetts (Mr. Moak- abused by students trained by the School of Americas. It is time to close that insti- ley) who did a tremendous job in lead- the Americas. tution that has long been responsible ing the investigation of the murders of For the people of Latin America, when they for teaching the world’s great killers, the Jesuit priests in El Salvador in wish to recall someone's memory, they say, human rights abusers, and brutal dic- 1989. I was with him when he was down ``PRESENTE.'' For them, the past is always tators. there last November at the mass, and I present. Mr. Chairman, I have a little bit of too was approached by so many people Last year, I rose in support of this amend- experience in this area. As some of my who had come to urge us to shut down ment and spoke from my heart about dear colleagues know, I led the investiga- the School of the Americas. friendsÐsix Jesuit priests and two tion of the murders of the priests in El Mr. Chairman, I support the Ken- laywomenÐwho were murdered by Salva- Salvador back in 1989. The 6 Jesuit nedy-Torres amendment. doran military units filled with students of the priests were killed in cold blood, and I Mr. Chairman, it is time for us to stop fund- School. remain committed to the promotion of ing for the School of the Americas. Last November, I traveled to El Salvador peace in this beautiful country and Every year, the Pentagon and other U.S. with Mr. MOAKLEY to participate in events com- throughout Central America. agencies spend billions of dollars in a broad memorating the lives of these martyrs. We During that investigation, Mr. Chair- array of training programs with Latin American spoke at the University where these priests man, I was horrified to learn that 19 militaries. worked, taught, and carried out human rights out of the 26 killers we implicated in Just yesterday, this House approved over programs. the murders were graduates of the $2 billion for counter-narcotics activities in the We participated in an outdoor Mass cele- School of the Americas. Western Hemisphere, including a substantial brating their lives and their living memory. I As I dug deeper into the problems of increase in training, operations and equipment cannot adequately describe the scene to you El Salvador, I learned more and more for Latin America. of this Mass. Thousands of people came to what these graduates’ exploits used in Under the Department of Defense, U.S. participate, covering the hillsides. Humble peo- tearing the country apart. Massacre Special Forces teams carry out dozens of joint ple. Students. Many who had walked for days after massacre of innocent people were training activities each year with Latin Amer- to get to San Salvador in time for the Mass. led by proud graduates of the School of ican militaries. Diplomats from many nations, including for the the Americas. Latin American military officers receive edu- first time, the U.S. Ambassador. And as I pre- When I traveled to El Salvador last cation and training at 150 places other than pared to take communion, I made a promise November to participate in ceremonies the School of the Americas through our IMET that I would return to Congress and work with commemorating the deaths of the Jes- and INL programs. my colleagues to stop funding for this School. uit priests, crowds of people came to The operation of U.S. bases, joint military For the people of this hemisphere, I urge me at the mass and pleaded with me to exercises, and other joint trainings throughout my colleagues to support this amendment. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8011 Mr. GILMAN. Mr. Chairman, I move school literally taught military personnel how to root in every other country in the region. As to strike the requisite number of oppress their people. We have all heard the the record shows, many of the school's grad- words. shameful statistics on how many of the worst uates have played leading roles in this trans- The CHAIRMAN. The gentleman human rights abusers in Latin America were formation. from New York (Mr. GILMAN) is recog- trained at the Army School of the Americas. If you have an opportunity to talk to these nized for 2 minutes, which is the For example, nineteen of the officers cited by graduates, many will tell you that the values amount of time remaining under the the U.N. Truth Commission for the murder of they studied and discussed during their stay at rule for amendments. Jesuit priests in 1989 were graduates of the the school influenced their political thinking (Mr. GILMAN asked and was given School of the Americas. and motivated them in their countries' fight for permission to revise and extend his re- People in Latin America still suffer from democracy. marks.) School of the Americas graduates today, par- In spite of this record, the school is once Mr. GILMAN. Mr. Chairman, after ticularly in Colombia. Just this year, three again under attack. careful consideration, I rise in opposi- human rights activists were murdered in Co- Without one shred of real evidence, the tion to the amendment and the sub- lombia by a member of a brigade commanded people who are involved in these misguided stitute offered by the gentleman from by a graduate. A human rights report impli- attacks falsely accuse the school of promoting Massachusetts (Mr. KENNEDY) and the cated 40 high-ranking Colombian military offi- totalitarianism and torture. If you get beyond underlying amendment by the gen- cers who attended the school in mass murder the rhetoric, which can be as deceptive as it tleman from California (Mr. TORRES) and disappearances. is emotional, you will find their case is factu- which would prohibit funding the Bishop Juan Gerardi was brutally murdered ally based on just two things: one, the few School of the Americas. While I respect after releasing a report on human rights graduates who have been involved in human the proponents of the amendment and abuses in Guatemala that linked School of the rights abusesÐand two, certain military intel- share their alarm at some of the anec- America graduates to those abuses. ligence training manuals which were once dotes, I cannot agree with their conclu- Supporters say that the curriculum of the used at the school in classes attended by sions that the School of the Americas school has changed. But the world has some of the students, although not allÐwhich has no constructive role to play. changed as well. Now that many Latin Amer- the school got rid of six years ago. It is in our interest to see that the ican countries have turned away from military It's true some of the school's trainees have militaries of Central and South Amer- dictatorship to become democracies, we do been linked to human rights abuses. Some, in ican countries play a positive role in not need to have military relations as the cor- fact, have been linked to sickening atrocities. the region’s fragile Democratic soci- nerstone of bilateral contacts. Military relations But this, alone, is not evidence of wrongdoing eties. While proponents of this amend- should no longer be the focus of the new, con- at the school. As a matter of fact, most of the ment have spotlighted abuses of au- structive U.S. relationship with fragile Latin graduates have been among the good guys in thority in human rights, there are hun- American democracies. We can still pursue the region's shift to democracy. Graduates dreds and hundreds of soldiers and po- the same kind of military-to-military contacts have instituted human rights reforms in their lice officers who graduated from the we have with many countries around the militaries, prevented military coups against School of the Americas and have gone globe, without having this school. on to conduct themselves honorably. Cutting the funding for the Army School of freely-elected civilian governments, and have That is not mentioned. the Americas sends an important signal that made their soldiers more professional servants Moreover, I believe that the cutoff of the United States is repudiating the policies of of democratic governments. We need this to U.S. military assistance and links to the past. continue. The Latin American democracies are the Guatemalan Army in the late 1970s Mr. BISHOP. Mr. Chairman, I rise today in very fragile, this is not the time to stop the provides an instructive example that strong opposition to efforts to limit or reduce work we have started with our neighbors. we should heed. In the ensuing absence funding for the Unites States Army School of This whole argument gets a little ridiculous. of American influence, the Guatemalan the Americas. For those colleagues of mine We know of other Latin American human Army escalated its brutal counter-in- who may still have concerns about the School, rights abusers who attended colleges and uni- surgency war that led to the slaughter I draw your attention to the language in the FY versities in the United States. One is the noto- of untold numbers of innocents. De- 1998 Appropriations bill. I believe it adequately rious Hector Gramajo of Guatemala, who did spite the good intentions of the pro- and responsibly deals with any remaining not attend the School of the Americas but did ponents of this amendment, I do not questions or concerns about the school. Spe- graduate from Harvard. Personally, I think it believe that the case has been made cifically, it prohibits the use of international would be absurd to brand Harvard as a school that ending the military-to-military military education training funds for the school of assassins or call for its closure. contact that takes place at the School until: (1) the Secretary of Defense certifies that In his own report on the school, Represent- of the Americas will actually make training provided by the School of Americas is ative KENNEDY says: ``We do not question the things better. fully consistent with U.S. training and doctrine, good values and the commitment of the U.S. General Serrano, the respected direc- (2) the Secretary of State has issued specific personnel at the school today.'' According to tor general of the Colombian National guidelines governing selection and screening his report, the reason for attacking the existing Police who has an outstanding record of candidates for the school, and (3) the Sec- school is to make a fresh start. But that start of protecting human rights, even in the retary of Defense has submitted a report on has already been made. The school and its midst of a raging narcotics-fueled war, the training activities of the school. curriculum have undergone intense scrutiny recently told our committee, and I For the past five and a half years, I have over the past few years, and instruction on quote, ‘‘The School of the Americas had the honor of representing the area of human rights and democratic principles has trains our reaction forces for use in southwest Georgia where Fort Benning and been exhaustively reviewed, sharpened and fighting narcotics trafficking with ex- the School are located. I am proud of the expanded. This institution is one of the most cellent results, and I am a witness to school as I am proud of all other institutions transparent in the U.S. military. the fact that it is a very valuable in- that make up our military. I believe it is the The United States Army School of the strument for training our men to carry best armed forces in the world and the most Americas has been investigated and studied out the antinarcotics fund.’’ well run. The United States Army School of by the DOD Inspector General's Office, by the I will, of course, continue to support the Americas is but one small institution in our General Accounting Office, and by an outside prudent restrictions to ensure that stu- entire military system. It is an institution that private consulting firm. Every course except dents in the school are screened for has provided professional training to over for the computer course has mandatory human rights and receive adequate 58,000 military and civilian police personnel human rights instruction. Every instructor is human rights training, as well as re- form throughout Latin AmericaÐtraining that certified to teach human rights. The school ports on the School’s training and as- includes classes covering the principles of has a permanent human rights council and a sessments of its recent graduates. human rights and representative democracy. Board of Visitors on which strong human Mr. MORAN of Virginia. Mr. Chairman, I The school's contribution to the trans- rights' advocates serve. All say the school is urge my colleagues to support the amendment formation of Latin America from totalitarianism effectively promoting U.S. policy on human to cut funding to the Army School of the Amer- to democracy has been tremendous. Today, rights and democracy, and in no way is violat- icas. This school has an infamous history, one only Cuba remains a totalitarian stronghold. ing it. that still haunts us today. In the past, the Representative government has begun to take This is certainly a cost-effective program. H8012 CONGRESSIONAL RECORD — HOUSE September 17, 1998 For less than $4 million a year, the school tleman from Massachusetts (Mr. KEN- Barr Gekas Pappas Barrett (NE) Gibbons Parker is promoting democracy, building stronger re- NEDY) as a substitute for the amend- Bartlett Gillmor Paxon lationships with our neighbors, and combating ment offered by the gentleman from Barton Gilman Pease narcotics trafficking. The school's critics never California (Mr. TORRES). Bass Goodlatte Peterson (PA) consider the cost of the crimes and human The question was taken; and the Bateman Goodling Pickering Bereuter Granger Pickett rights violations that were not committed be- Chairman announced that the noes ap- Berry Hall (TX) Pitts cause of the school's influence. The critics peared to have it. Bilbray Hamilton Pombo never count the benefits of the drug labs taken Bilirakis Hansen Portman RECORDED VOTE Bishop Hastert Radanovich down, the terrorism prevented, the mines re- Mr. KENNEDY of Massachusetts. Mr. Bliley Hastings (FL) Redmond moved by trained professionals, and the Chairman, I demand a recorded vote. Blunt Hastings (WA) Reyes peacekeeping operations. The school teaches Boehner Hayworth Riley A recorded vote was ordered. all of these things, and its graduates carry out Bonilla Hefley Rogan Bono Herger Rogers these missions day-in and day-out. The CHAIRMAN. Pursuant to clause 2 of rule XXIII, any vote on the under- Boswell Hill Rohrabacher Just listen to what the officials and agencies Boyd Hilleary Ros-Lehtinen responsible for developing and implementing lying Torres amendment will be con- Brady (PA) Hobson Royce our foreign policy have to say about the ducted as a 5-minute vote. Brady (TX) Hoekstra Ryun The vote was taken by electronic de- Bryant Holden Sandlin school. Bunning Horn Saxton Our drug czar, who served as a former vice, and there were—ayes 201, noes 212, Burr Hostettler Schaefer, Dan Commander-in-Chief of the U.S. Southern not voting 21, as follows: Burton Houghton Sessions [Roll No. 448] Buyer Hoyer Shadegg Command, has said: Callahan Hunter Shaw As Commander in Chief, my responsibil- AYES—201 Calvert Hutchinson Shimkus ities included furthering the development of Campbell Hyde Shuster Abercrombie Hall (OH) Oberstar Canady Inglis Sisisky professional Latin American armed forces Ackerman Harman Obey Cannon Istook Skeen that promoted and protected human rights Allen Hefner Olver Castle Jenkins Skelton and that were supportive of democratic gov- Andrews Hilliard Owens Chabot John Smith (MI) ernance. The School of Americas was, and Baesler Hinchey Pallone Chambliss Johnson, Sam Smith (OR) Baldacci Hinojosa Pascrell continues to be, the Department of Defense’s Chenoweth Jones Smith (TX) Barcia Hooley Pastor pre-eminent educational institution for ac- Christensen Kanjorski Smith, Linda Barrett (WI) Hulshof Paul complishing these goals. Clyburn Kaptur Snowbarger Becerra Jackson (IL) Payne Coburn Kasich Snyder The State Department has stated: Bentsen Jackson-Lee Pelosi Collins Kim Solomon Berman (TX) Peterson (MN) The School of Americas today is an impor- Combest Kingston Souder Blagojevich Jefferson Petri tant instrument for advancing our goals for Condit Klink Spence Blumenauer Johnson (CT) Pomeroy the hemisphere. The school’s curriculum has Cook Knollenberg Spratt Boehlert Johnson (WI) Porter Cooksey Kolbe Stearns changed to reflect the end of the Cold War Bonior Johnson, E. B. Price (NC) Cox LaFalce Stenholm and our commitment to democracy, human Borski Kelly Quinn Crane Latham Stump rights, and development in Latin America. Boucher Kennedy (MA) Rahall Crapo Lewis (CA) Sununu Brown (CA) Kennedy (RI) Ramstad And Chairman of the Joint Chiefs of Staff, Cubin Lewis (KY) Tanner Brown (FL) Kildee Rangel Cunningham Linder Tauzin Henry H. Shelton, has commented: Brown (OH) Kilpatrick Regula Davis (FL) Livingston Taylor (MS) I firmly believe that the US effort to pro- Camp Kind (WI) Rivers Davis (VA) Lucas Taylor (NC) Capps Kleczka Rodriguez mote democracy, encourage regional co- Deal Manzullo Thomas Cardin Klug Roemer operation, foster respect for human rights, DeLay Martinez Thornberry Carson Kucinich Rothman and reduce the flow of illegal drugs in this Deutsch Mascara Thune Clayton LaHood Roukema Diaz-Balart McCollum Tiahrt hemisphere would be seriously affected if the Clement Lampson Roybal-Allard Dickey McCrery Traficant School were closed. Coble Lantos Sabo Doolittle McDade Turner Conyers Largent Salmon This is an issue that touches me personally. Dreier McHugh Visclosky Costello LaTourette Sanders I regularly visit the school. I know the men Dunn McInnis Watkins Coyne Lazio Sanford Edwards McIntyre Watts (OK) and women who serve there. These are high- Cummings Leach Sawyer Ehrlich McKeon Weldon (FL) Danner Lee Scarborough ly-trained, dedicated professionals who believe Emerson Mica Weldon (PA) DeFazio Levin Schaffer, Bob deeply in their country and in the country's Ensign Mollohan White DeGette Lewis (GA) Scott Everett Murtha Whitfield mission to promote human rights and demo- Delahunt Lipinski Sensenbrenner Ewing Nethercutt Wicker cratic principles everywhere. It is wrong to ac- DeLauro LoBiondo Serrano Fossella Ney Wilson Dicks Lofgren Shays cuse them of violating their trust and working Fowler Northup Wise Dixon Lowey Sherman against the interests of democracy when all of Frelinghuysen Norwood Wolf Doggett Luther Skaggs Frost Ortiz Young (AK) the evidence reaffirms that this is not true. Dooley Maloney (CT) Slaughter Gallegly Oxley Young (FL) I strongly urge all of my colleagues to visit Doyle Maloney (NY) Smith (NJ) Ganske Packard the school, learn more about the job it is Duncan Markey Smith, Adam doing, and not to rush to judgment on the Ehlers Matsui Stabenow NOT VOTING—21 Engel McCarthy (MO) Stark Clay Goss Poshard basis of false and unfounded accusations English McCarthy (NY) Stokes Cramer Kennelly Pryce (OH) Eshoo McDermott Strickland made by people who may have good inten- Davis (IL) King (NY) Riggs Etheridge McGovern Stupak tions, but who have little regard for the facts. Dingell Manton Rush Evans McHale Talent Fawell McIntosh Sanchez Mr. Speaker, I urge our colleagues to sup- Farr McKinney Thompson Gephardt Meek (FL) Schumer port the truth. Fattah McNulty Thurman Gonzalez Myrick Tauscher Support the United States Army School of Fazio Meehan Tierney the Americas. Filner Meeks (NY) Torres b 1958 Mr. OBEY. Mr. Chairman, in the in- Foley Menendez Towns Forbes Metcalf Upton Mr. TIAHRT and Mr. NORWOOD terest of saving the time of the House, Ford Millender- Velazquez changed their vote from ‘‘aye’’ to ‘‘no.’’ I ask unanimous consent to withdraw Fox McDonald Vento Mr. LARGENT, Mrs. ROUKEMA and my request for a roll call vote on the Frank (MA) Miller (CA) Walsh Franks (NJ) Miller (FL) Wamp Ms. EDDIE BERNICE JOHNSON of Tiahrt amendment. Furse Minge Waters Texas changed their vote from ‘‘no’’ to The CHAIRMAN. Is there objection Gejdenson Mink Watt (NC) ‘‘aye.’’ to the request of the gentleman from Gilchrest Moakley Waxman So the amendment offered as a sub- Wisconsin? Goode Moran (KS) Weller stitute for the amendment was re- There was no objection. Gordon Moran (VA) Wexler Graham Morella Weygand jected. The CHAIRMAN. Without objection, Green Nadler Woolsey The result of the vote was announced the voice vote stands, and the amend- Greenwood Neal Wynn as above recorded. ment offered by the gentleman from Gutierrez Neumann Yates Gutknecht Nussle b 2000 Kansas (Mr. TIAHRT) is agreed to. There was no objection. NOES—212 The CHAIRMAN. The question is on The CHAIRMAN. The question is on Aderholt Armey Baker the amendment offered by the gen- the amendment offered by the gen- Archer Bachus Ballenger tleman from California (Mr. TORRES). September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8013 Mr. TORRES. Mr. Chairman, I ask Dickey Kim Ramstad Meehan Pomeroy Stenholm Dicks Kingston Redmond Meeks (NY) Price (NC) Stokes unanimous consent to withdraw my Dixon Klug Regula Millender- Rahall Stump amendment. Dooley Knollenberg Riley McDonald Rangel Stupak The CHAIRMAN. Is there objection Doyle Kolbe Rivers Miller (CA) Reyes Sununu to the request of the gentleman from Dreier Kucinich Rodriguez Minge Roemer Tanner Dunn LaHood Rogan Mink Rogers Tauscher California? Ehlers Lampson Ros-Lehtinen Moakley Rohrabacher Taylor (MS) Mr. GOODLING. Mr. Chairman, I ob- Ehrlich Lantos Rothman Mollohan Roybal-Allard Thompson ject. Emerson Largent Roukema Moran (KS) Royce Torres Engel Latham Ryun Moran (VA) Sabo Towns The CHAIRMAN. Objection is heard. English LaTourette Salmon Murtha Sanders Traficant The question is on the amendment Ensign Lazio Saxton Neal Sandlin Velazquez offered by the gentleman from Califor- Everett Leach Schaefer, Dan Oberstar Sanford Vento Ewing Levin Schaffer, Bob Obey Sawyer Waters ORRES nia (Mr. T ). Foley Lewis (CA) Serrano Olver Scott Watkins The amendment was rejected. Forbes Lewis (GA) Sessions Pastor Sensenbrenner Watt (NC) The CHAIRMAN. The Clerk will read Fossella Lewis (KY) Shadegg Paul Skaggs Wexler the last four lines of the bill. Fowler Linder Shaw Payne Smith, Adam Wise Fox Lipinski Shays Pelosi Snyder Woolsey The Clerk read as follows: Franks (NJ) Livingston Sherman Peterson (PA) Spratt Wynn Titles I through V, the appropriations Frelinghuysen LoBiondo Shimkus Petri Stark Yates paragraphs of title VI, and sections 601 Frost Lowey Shuster Pombo Stearns Young (FL) Gallegly Maloney (NY) Sisisky through 604, of this Act may be cited as the Ganske Manzullo Skeen NOT VOTING—18 ‘‘Foreign Operations, Export Financing, and Gekas McCarthy (NY) Skelton Clay Kennelly Pryce (OH) Related Programs Appropriations Act, 1999’’. Gibbons McCollum Slaughter Davis (FL) King (NY) Riggs The CHAIRMAN. Under the rule, the Gilchrest McCrery Smith (MI) Fawell Manton Rush Gillmor McDade Smith (NJ) Gephardt Meek (FL) Sanchez Committee rises. Gilman McGovern Smith (OR) Gonzalez Myrick Scarborough Accordingly, the Committee rose; Goodlatte McHugh Smith (TX) Goss Poshard Schumer and the Speaker pro tempore (Mr. Goodling McInnis Smith, Linda Graham McIntosh Snowbarger b 2019 SNOWBARGER) having assumed the Granger McIntyre Solomon chair, Mr. THORNBERRY, Chairman of Green McKeon Souder Messrs. HINCHEY, STRICKLAND, the Committee of the Whole House on Gutierrez McKinney Spence KENNEDY of Rhode Island, and LEWIS the State of the Union, reported that Gutknecht Menendez Stabenow of Georgia changed their vote from Harman Metcalf Strickland ‘‘nay’’ to ‘‘yea.’’ that Committee, having had under con- Hastert Mica Talent sideration the bill (H.R. 4569) making Hastings (FL) Miller (FL) Tauzin So the bill was passed. appropriations for foreign operations, Hastings (WA) Morella Taylor (NC) The result of the vote was announced Hayworth Nadler Thomas as above recorded. export financing, and related programs Hill Nethercutt Thornberry for the fiscal year ending September 30, Hinchey Neumann Thune A motion to reconsider was laid on 1999, and for other purposes, pursuant Hobson Ney Thurman the table. to House Resolution 542, he reported Holden Northup Tiahrt f Hooley Norwood Tierney the bill back to the House with sundry Horn Nussle Turner PRIVILEGED REPORT ON REFUSAL amendments adopted by the Commit- Houghton Ortiz Upton OF ATTORNEY GENERAL TO tee of the Whole. Hulshof Owens Visclosky Hunter Oxley Walsh PRODUCE DOCUMENTS SUBPOE- The SPEAKER pro tempore. Under Hutchinson Packard Wamp NAED BY COMMITTEE ON GOV- the rule, the previous question is or- Hyde Pallone Watts (OK) ERNMENT REFORM AND OVER- dered. Inglis Pappas Waxman SIGHT Is a separate vote demanded on any Istook Parker Weldon (FL) Jackson-Lee Pascrell Weldon (PA) Mr. BURTON of Indiana, from the amendment? If not, the Chair will put (TX) Paxon Weller Committee on Government Reform and them en gros. Jenkins Pease Weygand Oversight, submitted a privileged re- The amendments were agreed to. John Peterson (MN) White Johnson (CT) Pickering Whitfield port (Rept. No. 105–728), together with The SPEAKER pro tempore. The Johnson, Sam Pickett Wicker additional, minority and additional mi- question is on the engrossment and Kaptur Pitts Wilson nority views, on the refusal of Attor- third reading of the bill. Kasich Porter Wolf Kelly Portman Young (AK) ney General Janet Reno to produce The bill was ordered to be engrossed Kennedy (RI) Quinn documents subpoenaed by the Govern- and read a third time, and was read the Kildee Radanovich ment Reform and Oversight Commit- third time. tee, which was referred to the House The SPEAKER pro tempore. The NAYS—161 Calendar and ordered to be printed. question is on the passage of the bill. Ackerman Davis (IL) Hilleary f Pursuant to clause 7 of rule XV, the Baldacci DeFazio Hilliard Barr DeGette Hinojosa yeas and nays are ordered. Barrett (WI) Delahunt Hoekstra REPORT ON RESOLUTION PROVID- The vote was taken by electronic de- Becerra DeLauro Hostettler ING FOR CONSIDERATION OF MO- vice, and there were—yeas 255, nays Berry Dingell Hoyer TIONS TO SUSPEND THE RULES Blagojevich Doggett Jackson (IL) 161, not voting 18, as follows: Bonior Doolittle Jefferson Mr. DIAZ-BALART, from the Com- [Roll No. 449] Borski Duncan Johnson (WI) mittee on Rules, submitted a privi- Boucher Edwards Johnson, E. B. YEAS—255 Brady (PA) Eshoo Jones leged report (Rept. No. 105–729) on the Abercrombie Bilirakis Camp Brown (FL) Etheridge Kanjorski resolution (H. Res. 544) providing for Aderholt Bishop Canady Brown (OH) Evans Kennedy (MA) consideration of motions to suspend Allen Bliley Cannon Campbell Farr Kilpatrick the rules, which was referred to the Andrews Blumenauer Cardin Capps Fattah Kind (WI) Archer Blunt Chabot Carson Fazio Kleczka House Calendar and ordered to be Armey Boehlert Chambliss Castle Filner Klink printed. Bachus Boehner Christensen Chenoweth Ford LaFalce f Baesler Bonilla Coble Clayton Frank (MA) Lee Baker Bono Collins Clement Furse Lofgren PROVIDING FOR CONSIDERATION Ballenger Boswell Cook Clyburn Gejdenson Lucas Barcia Boyd Cooksey Coburn Goode Luther OF H.R. 3248, DOLLARS TO THE Barrett (NE) Brady (TX) Costello Combest Gordon Maloney (CT) CLASSROOM ACT Bartlett Brown (CA) Cox Condit Greenwood Markey Barton Bryant Crapo Conyers Hall (OH) Martinez Mr. DIAZ-BALART. Mr. Speaker, by Bass Bunning Cubin Coyne Hall (TX) Mascara direction of the Committee on Rules, I Bateman Burr Davis (VA) Cramer Hamilton Matsui call up House Resolution 543 and ask Bentsen Burton Deal Crane Hansen McCarthy (MO) for its immediate consideration. Bereuter Buyer DeLay Cummings Hefley McDermott Berman Callahan Deutsch Cunningham Hefner McHale The Clerk read the resolution, as fol- Bilbray Calvert Diaz-Balart Danner Herger McNulty lows: H8014 CONGRESSIONAL RECORD — HOUSE September 17, 1998 H. RES. 543 printed in the bill as an original bill for has had 6 days, Mr. Speaker, to make Resolved, That at any time after the adop- the purpose of amendment, which shall their amendment plans known. Also, tion of this resolution the Speaker may, pur- be considered as read. The rule waives given that we are moving close to the suant to clause 1(b) of rule XXIII, declare the clause 7 of rule XVI prohibiting non- end of the 105th Congress and we have House resolved into the Committee of the germane amendments against the com- obviously many important issues to re- Whole House on the state of the Union for mittee amendment in the nature of a solve in the appropriations process, consideration of the bill (H.R. 3248) to pro- vide dollars to the classroom. The first read- substitute. time is certainly in short supply. ing of the bill shall be dispensed with. Gen- In addition, the rule makes in order Mr. Speaker, we can do nothing more eral debate shall be confined to the bill and only the amendments printed in the re- important than to protect and to shall not exceed one hour equally divided port on the rule, to be offered only in strengthen the future of this great Na- and controlled by the chairman and ranking the order printed, by the Member speci- tion, and our children represent the fu- minority member of the Committee on Edu- fied, and debatable for the time speci- ture of this great Nation. We are losing cation and the Workforce. After general de- fied in the report, with the time equal- jobs because of some of the evident bate the bill shall be considered for amend- ly divided between a proponent and an failures of our educational system, es- ment under the five-minute rule. It shall be in order to consider as an original bill for the opponent. pecially in the advanced math and en- purpose of amendment under the five-minute The amendments are considered as gineering fields. rule the amendment in the nature of a sub- read and are not subject to amend- Seriously addressing the educational stitute recommended by the Committee on ment. Also, all points of order are needs of our children has become one of Education and the Workforce now printed in waived against the amendments. the true challenges for the United the bill. The committee amendment in the The rule permits the chairman of the States of America. We have an obliga- nature of a substitute shall be considered as Committee of the Whole to postpone tion to assure that students of all ages read. Points of order against the committee consideration of a request for a re- receive the best possible education and in the nature of a substitute for failure to corded vote on any amendment and to comply with clause 7 of rule XVI are waived. that the funds entrusted to us by the No amendment to the committee amend- reduce to 5 minutes the time for voting taxpayers are spent wisely. In the ef- ment in the nature of a substitute shall be in after the first of a series of votes. fort by the House of Representatives to order except those printed in the report of Finally, the rule provides for one mo- send a message of its commitment to- the Committee on Rules accompanying this tion to recommit, with or without in- ward Federal funding for education, I resolution. Each amendment may be offered structions. supported the Dollars to the Classroom only in the order printed in the report, may Mr. Speaker, H.R. 3248, the underly- resolution, urging the Federal bureauc- be offered only by a Member designated in ing legislation, the Dollars to the racy to send at least 90 percent of Fed- the report, shall be considered as read, shall Classroom Act, is the legislation that eral education dollars directly to the be debatable for the time specified in the re- implements the sense of the House ex- port equally divided and controlled by the classroom. It is important that we put proponent and an opponent, and shall not be pressed in House Resolution 139, the some teeth into that sense of the House subject to amendment. The chairman of the Dollars to the Classroom resolution, Resolution and that we implement Committee of the Whole may: (1) postpone which passed the House by an over- what we overwhelmingly agreed was a until a time during further consideration in whelming vote of 310 to 99 last session. worthwhile goal. the Committee of the Whole a request for a When the vast majority of our col- House Resolution 3248 consolidates recorded vote on any amendment; and (2) re- leagues voted for House Resolution 139, and streamlines 31 Federal education duce to five minutes the minimum time for this House stated very clearly and un- programs, giving State and local deci- electronic voting on any postponed question equivocally that we believed that the that follows another electronic vote without sion makers increased authority and intervening business, provided that the mini- Federal education dollars that are sent flexibility in the use of Federal edu- mum time for electronic voting on the first to the States should be sent as much as cation dollars, and this legislation will in any series of questions shall be 15 min- possible directly to our local schools. send more of the money to the class- utes. At the conclusion of consideration of The goal we are seeking with the im- room where it will be used to help our the bill for amendments the Committee shall plementing legislation, with this un- students. rise and report the bill to the House with derlying legislation, what we are seek- No one knows the educational needs such amendments as may have been adopted. ing to accomplish is to make certain of our children better than their teach- Any Member may demand a separate vote in that no less than 95 percent of the De- the House on any amendment adopted in the ers. partment of Education’s elementary Committee of the Whole to the bill or to the b 2030 committee amendment in the nature of a and secondary education program substitute. The previous question shall be funds are spent at the local level, There is no better way to support considered as ordered on the bill and amend- where they should be spent. With this education, genuinely, than by sending ments thereto to final passage without inter- bill, more money will go straight to Federal dollars directly to the schools vening motion except one motion to recom- the classroom where it will have, obvi- where it is most needed. mit with or without instructions. ously, the best possible impact. Mr. Speaker, this is very good legis- The SPEAKER pro tempore. The gen- Now, the gentleman from Pennsyl- lation. I am proud to be supporting it. tleman from Florida (Mr. DIAZ- vania (Mr. GOODLING) and the gen- I believe that House Resolution 543 is BALART) is recognized for 1 hour. tleman from Pennsylvania (Mr. PITTS) also an appropriately structured rule Mr. DIAZ-BALART. Mr. Speaker, for are to be commended for bringing this to bring this legislation to the floor, purposes of debate only, I yield the cus- important piece of legislation forward. and I urge its adoption. I support the tomary 30 minutes to the gentlewoman I believe the Committee on Education rule and the underlying bill. from New York (Ms. SLAUGHTER), pend- and the Workforce did a very good job Mr. Speaker, I reserve the balance of ing which I yield myself such time as I in marking up this bill. my time. may consume. During consideration of Given that only 5 amendments were Ms. SLAUGHTER. Mr. Speaker, I this resolution, all time yielded is for offered in the committee of jurisdic- yield myself such time as I may con- the purpose of debate only. tion and that the Committee on Rules sume, and I thank the gentleman for Mr. Speaker, House Resolution 543 is gave the entire membership of the yielding me the customary 30 minutes. a structured rule providing for consid- House 6 days to file amendments on (Ms. SLAUGHTER asked and was eration of H.R. 3248, the Dollars to the this bill and yet we, in the Committee given permission to revise and extend Classroom Act. The rule provides for on Rules, received only 2 amendments, her remarks.) the traditional 1 hour of general de- I believe that this structured rule is Ms. SLAUGHTER. Mr. Speaker, I op- bate, equally divided and controlled by the correct approach for this bill’s con- pose this rule and the underlying bill the chairman and ranking minority sideration. because the bill makes unprecedented member of the Committee on Edu- The rule makes in order all of the changes in many Federal educational cation and the Workforce. amendments that were filed with the initiatives. Despite that fact, the Com- It makes in order the Committee on Committee on Rules, even though only mittee on Rules chose to block any Education and the Workforce amend- 2 Members took the time to do so. Any- amendment that might otherwise be ment in the nature of a substitute now one interested in amending this bill offered during floor debate, except two September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8015 amendments prefiled with the Commit- documented improvement in school ac- ought to receive substantial debate so tee on Rules. cess and enrollment. Thousands of chil- that Members understand what it will What is the majority afraid of? Some dren have been given a chance to suc- really do. And if that debate sparks might say that in the press of business ceed in life that they would not other- Members to think of ways to make the at the end of the fiscal year, we cannot wise have had. Our Nation’s future is bill better, those Members should have afford open debate and amendment. better because we help these children the right to offer germane amend- But this bill was reported from the to succeed in education and in life, ments. This rule provides neither committee on June 24. Why was that rather than giving up on them and enough time for adequate consider- report not filed until September 11, likely supporting them for much of ation nor the right for most Members forcing consideration at this busy their lives. to offer amendments. time? Mr. Speaker, I am not saying that I urge my colleagues to oppose the Mr. Speaker, I fear the process has local school districts do not know what rule so that this abrupt reversal of been manipulated to shut down debate to do for the majority of their stu- Federal education policy can receive on how this bill will affect millions of dents, but like governmental officials the full consideration it deserves. children across our Nation. Closed everywhere, they spend their scarce re- Mr. Speaker, I reserve the balance of rules are the refuge of those who fear sources on programs that benefit the my time. democracy. majority. They, like all of us, pay at- Mr. DIAZ-BALART. Mr. Speaker, I Mr. Speaker, our country’s public tention to their constituents who con- yield myself such time as I may con- schools are in critical need of our sup- tact them, who vote and who organize sume to advise my colleagues that we port, our resources, and our guidance. support groups. Unfortunately, home- are privileged that the two Members of Supporting public education needs to less families, struggling to survive, do this House who are most knowledge- be placed at the forefront of the not have the time or the resources to able on this legislation, that will do so House’s agenda. This bill does just the effectively lobby the local school much to get dollars to the classroom opposite. Under the guise of reform, board. Yet a small investment, and it and not keep the dollars with the bu- H.R. 3248 consolidates many important has been a small investment, by the reaucracy in Washington, dollars that education programs into a single block Federal Government can help school our kids need for their public edu- grant, with no accountability and no districts recognize the homeless chil- cation, those two Members of Congress guarantee that the money will be spent dren’s special needs and meet them, who most know what this legislation on the specific needs for which they with an enormous return on the invest- actually will carry out and accomplish, were originally intended. ment to both the children and to the they are here. The 31 programs eliminated by this community. Mr. Speaker, I yield 9 minutes to the misguided legislation were created for Mr. Speaker, as the author of the gentleman from Pennsylvania (Mr. major reauthorizations of this pro- this very reason, to fill existing needs. GOODLING), the distinguished chairman For example, I remember quite well gram, I know its successes. And while I of the Committee on Education and the back in 1987, when I was first in Con- am not as familiar with the other 30 Workforce. gress, and Congress passed the Edu- programs that this bill would block Mr. GOODLING. Mr. Speaker, I grant, I believe it is likely that they, cation for Homeless Children and thank the gentleman for yielding me too, are designed to fill an important Youth program under the Stewart B. this time. need that was not being addressed by McKinney Homeless Assistance Act. I I want to make sure I choose my financially pressed local school dis- remember it quite well because we words very carefully, because what the tricts. Department of Education has been cir- wrote it. Now, some may consider programs Reports issued in the mid-1980s culating, what the lobbyists for the such as the Women’s Educational Eq- showed that more than 50 percent of chief State school officers is circulat- uity, Gifted and Talented Education, ing, and what OMB is circulating is, let the homeless children and youth were Arts in Education, and the Eisenhower me find a word, ‘‘disingenuous’’ at the not attending school. Homeless chil- Mathematics and Science Education very best. Now, I am being very kind dren suffer disproportionately from Program, frills. But these small, tar- health problems, nutritional defi- geted programs assure that all our when I say that, because if I used the ciencies and developmental disabil- children can receive the education that real language that I should be using it ities. Uprooted day after day, more will allow them to become the best would be much stronger than just ‘‘dis- than half of them were school drop- that they can be. If these programs are ingenuous.’’ outs. abolished, all accountability to ensure What they are doing is trying to The Congress found it unacceptable that schools meet the national prior- raise a battle about the appropriation for these children to be denied an edu- ities stated in these programs will also process. So they are trying to mix ap- cation, the major source of stability in be eliminated. ples and oranges. Yes, the Committee their lives, and the only hope for these In fact, this legislation goes as far as on Appropriations has reduced funding children to build a better life for them- to prohibit accountability by barring in this particular area. It will not hap- selves. The Education for Homeless the Secretary of Education from im- pen by the time it goes through con- Children and Youth Program was cre- posing any meaningful performance or ference, et cetera; but they have, and ated because State and local schools accountability standards regarding the so they are trying to use those num- were not meeting the responsibility to expenditure of funding under this bill. bers. these children. The program set stand- And who do these programs target? Well, I understand why they are ards for the placement of homeless The legislation includes a distribution doing this. They do not really have an children in appropriate schools and formula which lessens the Federal Gov- argument against the legislation. They provided funding to help supply the ernment’s focus on the children who do not have an argument against the tools they would need to be successful need our help the most: the poor. legislation because it sends an addi- in school. The Federal Government must con- tional, at least, $425 down to every It is hard to do well in school when tinue taking an active role in address- classroom. one does not have the clothes to wear, ing the needs of low-income families. A Now, what their argument is, that the books to read, the basic school sup- recent GAO study makes the point that they do not want to come out and say plies, a required place to do homework, Federal education programs do a better is, we do not want to give up all our bu- or transportation to school. Through job of targeting resources to those reaucratic jobs. We want to keep these grants to schools, the program encour- most in need than State and local ef- people on the payroll. And that is what ages supplemental tutoring and assist- forts do. I find it utterly shameful that the chief school administrator rep- ance to help these children make up for this House would endorse legislation resentative is saying. And back in the school time they may have lost when that shirks our responsibility to the State: We want to keep them on the their families became homeless. neediest of our children. State level; spend the money there. Do Despite periodic attacks levied Mr. Speaker, this bill overturns dec- not worry about children. We know against it, this program has resulted in ades of Federal education policy. It better in the bureaucracy. So, first of H8016 CONGRESSIONAL RECORD — HOUSE September 17, 1998 all, they do not have an argument be- Do these not all sound very, very fa- do with the appropriation process. cause they know more money gets to miliar? They should, because they are That is another time to debate that. If the classroom. exactly the programs that are out the Members want to debate that, de- They also do not have an argument there now. bate that when the appropriation bill because they know that we have a All we are doing is saying we ought comes on the floor but do not take the hold-harmless 100 percent for all for- to get 95 cents of that dollar down to numbers that that appropriations com- mula grant programs, a hold-harmless the local classroom, where it will make mittee has now produced, because we program in place for all formula grant the difference with students, not to the know that those will not be the num- programs. bureaucrats in Washington, not to the bers by the time the conference is over They also do not want to admit that bureaucrats in the State, not to some anyway. the parents and the local administra- of the private groups, Washington- Do not mix apples and oranges. Let tors and the local teachers have a far based. No, to the children; to the us think about children. Let us think better idea how to spend this money teachers, so that, as a matter of fact, about getting money down to the class- than the bureaucrats in Washington. they can improve education. room, where it can be used effectively Now, the interesting thing is that It can be used for programs built and efficiently to do all the things that people will get up and say, oh, they upon partnerships between local edu- we in Washington, D.C. said should be will use this money for playground cational agencies and institutions of done, but done their way on the local equipment. They will use this money higher education. Sounds very famil- level. to build a swimming pool. Well, guess iar, does it not? Mrs. SLAUGHTER. Mr. Speaker, I what? The only place they use this It can be used for the acquisition of yield 3 minutes to the gentlewoman money is in the very same programs books, materials and equipment. It can from California (Ms. WOOLSEY). that now exist. The very same pro- be used for programs to promote aca- (Ms. WOOLSEY asked and was given grams. demic achievement among women and permission to revise and extend her re- However, they do not have to fill out girls. Does that not sound familiar? marks.) 31 applications, page after page after It can be used for programs to pro- Ms. WOOLSEY. Mr. Speaker, I am page. They do not have to have all of vide for the education needs of children pleased that this rule makes the rank- the rules and regulations that come with limited English proficiency, or ing member’s amendment, the gen- from the Federal level. We have two who are American Indian, Alaskan Na- tleman from Missouri (Mr. CLAY), to pages of accountability in this legisla- tive, or Hawaiian. It can be used for ac- reduce class size in order. H.R. 3248 continues to be a bad bill. It tion. Very, very strong accountability tivities to provide the academic sup- is not that I do not trust the schools language. port, enrichment, and motivation to and the school districts, as my good Now, I think it would be important enable all students to reach high State chairman would make us think. I do to say what the uses of this money, for standards. It can be used for efforts to reduce not trust the Congress and our funding what they can use this money. I am the pupil-to-teacher ratio. It can be priorities. Claiming that Dollars to the trying to keep the preposition off the used for projects and programs which Classroom Act will increase education end of the sentence. After all, we are assure the participation in mainstream funding really means that we need speaking about education. These are settings in arts and education pro- some remedial lessons in math and his- the uses of the money: grams of individuals with disabilities. tory here on this floor. Let me start with number nine. Pro- I am reading, folks, the 26 uses of the The only way dollars to the class- grams for homeless children and youth. money, which are the 26 uses of the room can increase funds for schools is Now, the only way we could argue that money at the present time. for Congress to appropriate more this will not happen is because we do What do we cut out? We cut out money for the block grant. Then each not trust the State; we do not trust the reams and reams and reams of paper- individual program can get more. We local school district. But, Mr. Speaker, work. If you are a school district and already know that that is not going to if that school district has a large num- you cannot afford to hire people to sit happen. We have seen the fiscal year ber of homeless children, they can there day after day, hour after hour, 1999 Labor-HHS-Education appropria- spend all the money for that purpose. trying to fill out these damnable appli- tions bill. We know that the programs That is the beauty. Each local school cations that come from Washington, being block granted in the Dollars to can determine that. So if we do not D.C., you do not get a grant. You do the Classroom Act are being cut by 20 trust our local school districts or if we not have a chance. percent; 20 percent. do not trust our States, then I suppose So all we are cutting out is the bu- That comes as no surprise to those of we would have an argument. reaucracy in Washington, the bureauc- us who know our history. We know The money will be used for profes- racy in the State, giving an oppor- that block grants historically lose sional development for instructional tunity for parents, children and teach- funds. A 1995 GAO report found that staff. The money will be used for pro- ers and administrators on the local when Congress created a series of block grams for the acquisition and use of in- level to determine which of these al- grants in the early eighties funding for structional and educational materials. lowable uses are most important to those programs declined significantly. The money will be used for programs to them. Here is what the State Superintend- improve the higher order thinking One district may decide to spend half ent of Public Education in California, skills of disadvantaged elementary and of that money on one or two of these. Delaine Eastin, wrote to me about H.R. secondary school students, and to pre- Another district may decide that there 3248. She said, and I quote, ‘‘H.R. 3248 vent students from dropping out of are five or six, but certainly we should leaves future education funding ex- school. not be saying there is a one size fits tremely vulnerable at a time when The money will be used in efforts to all. For what York City may need, schools are managing record levels of lengthen the school day or the school York suburban may not need, in my student enrollment. Growing popu- year, if that is what the local district own school district. So I hope that lations of students with special needs, believes it should be used for. It will be when we get into this tomorrow that increased demand for teachers, stagger- used for programs to combat illiteracy we will not hear people getting up and ing school construction needs and in the student population. It will be misrepresenting what the legislation changing educational technologies.’’ used for programs to provide for the does, and I hope none of them get up I urge my colleagues to listen to the education needs of gifted and talented and use any of the, and again, I want to lessons of professional educators in children. be careful, apparently disingenuous in- their States and in mine. Mathemati- It will be used for promising edu- formation being put out by the Depart- cally and historically, block grants cation reform projects that are tied to ment of Education and being put out mean less dollars, not more, for our State student content and performance by the lobbyists for the State school schools and for our students. As I said, standards. It will be used to carry out officers. Mr. Speaker, I am against this rule. comprehensive school reform programs I think it is very, very important Mr. DIAZ-BALART. Mr. Speaker, I that are based on reliable research. that tomorrow’s debate has nothing to yield 5 minutes to the gentleman from September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8017

Pennsylvania (Mr. PITTS), a distin- touch special ed, migrant ed, voc ed, States; which was read and, together guished Member of this House who has but we took 31 programs, programs like with the accompanying papers, without worked tirelessly on this very impor- Goals 2000, School-to-Work, we consoli- objection, referred to the Committee tant and innovative piece of legisla- dated them. Those monies that are on International Relations and ordered tion. going to the local school districts are to be printed. Mr. GOODLING. Mr. Speaker, will increased because of the flexibility and To the Congress of the United States: the gentleman yield? the reduced requirements for no paper- I hereby report to the Congress on Mr. PITTS. I yield to the gentleman work, without the administrative re- developments concerning the national from Pennsylvania. quirements that are presently in place. emergency with respect to Iran that Mr. GOODLING. Mr. Speaker, I just This could mean an additional ap- was declared in Executive Order 12957 want to make sure that we understand proximately $9,300 per school, approxi- of March 15, 1995, and matters relating that Chapter 2 funding was reduced not mately $425 per classroom. Every State to the measures in that order and in because of the then minority party. wins. Every State is held harmless. Executive Order 12959 of May 6, 1995, Chapter 2 funding was reduced by the So we are putting our children first, and in Executive Order 13059 of August then majority party, a program that not the bureaucrats first. 19, 1997. This report is submitted pursu- all educators loved. Now, look at this chart. Before the ant to section 204(c) of the Inter- Mr. PITTS. Mr. Speaker, I rise to Dollars to the Classroom Act, there are national Emergency Economic Powers speak on behalf of H.R. 3248, the Dol- the existing 31 programs with all kinds Act, 50 U.S.C. 1703(c) (IEEPA), section lars to the Classroom Act. We have of funds being siphoned off at the Fed- 401(c) of the National Emergencies Act, been working almost 2 years on this eral level, the State educational agen- 50 U.S.C. 1641(c), and section 505(c) of legislation and it is exciting to get to cies, and finally getting down to the the International Security and Devel- this point. schools. After the Dollars to the Class- opment Cooperation Act of 1985, 22 I want to especially commend the room Act, we have got a single grant U.S.C. 2349aa–9(c). This report discusses chairman of the Committee on Edu- stream directly through the States to only matters concerning the national cation and the Workforce, the gen- the classroom. emergency with respect to Iran that tleman from Pennsylvania (Mr. GOOD- I would like to also mention that was declared in Executive Order 12957 LING), for his tremendous leadership as every State is held harmless, and we and does not deal with those relating he has shepherded this through com- have an inflationary grant. This is an to the emergency declared on Novem- mittee and now brought this to the authorization bill. This is not an ap- ber 14, 1979, in connection with the hos- floor and fine-tuned the bill. He has propriations bill. tage crisis. done an outstanding job and all of our Now, I understand the arguments 1. On March 15, 1995, I issued Execu- thanks go to him. about changing an appropriations bill. tive Order 12957 (60 Fed. Reg. 14615, Before getting to the specifics of the Whatever the appropriations level, this March 17, 1995) to declare a national bill, I would like to just mention that will get more of that money into the emergency with respect to Iran pursu- the one thing that I am really looking local classroom. ant to IEEPA, and to prohibit the fi- forward to is going back to my district, So it comes down to this argument: nancing, management, or supervision and every Member can do this, and tak- Who do you trust with your tax dollars; by United States persons of the devel- ing a check like this, because this your local teachers and parents or bu- opment of Iranian petroleum resources. check to the children of the 16th Con- reaucrats? This action was in response to actions gressional District represents money I think all of us should stand with and policies of the Government of Iran, that is freed up from the bureaucracy our local parents, teachers, principals including support for international ter- that is consumed now by the Federal and children, the real beneficiaries. rorism, efforts to undermine the Mid- bureaucracy in all kinds of wasted tax Those who are in the place where the dle East peace process, and the acquisi- dollars, and this money is going to be real learning takes place, who are tion of weapons of mass destruction going directly through the States to going to be the beneficiaries of this and the means to deliver them. A copy the classrooms to these children in all bill, stand with them and not the bu- of the Order was provided to the Speak- of our schools around the Nation. This reaucrats. So I urge my colleagues to er of the House and the President of is a win for school children, for par- help send the dollars to the classroom the Senate by letter dated March 15, ents, for teachers, in every one of our by supporting the rule. 1995. districts. Mrs. SLAUGHTER. Mr. Speaker, Following the imposition of these re- As we probably know, the Dollars to may I inquire from my colleague, the strictions with regard to the develop- the Classroom Act will consolidate 31 gentleman from Florida (Mr. DIAZ- ment of Iranian petroleum resources, Federal programs into a single flexible BALART) if he has any more requests Iran continued to engage in activities grant to the States with the require- for time? that represent a threat to the peace ment that 95 cents of every one of Mr. DIAZ-BALART. Mr. Speaker, not and security of all nations, including these Federal dollars gets to the class- in the chamber at this time. Iran’s continuing support for inter- room to be used on the priorities of the Mrs. SLAUGHTER. Mr. Speaker, I national terrorism, its support for acts local teachers and parents, the local yield back the balance of my time. that undermine the Middle East peace schools. It can be used for any one of Mr. DIAZ-BALART. Mr. Speaker, re- process, and its intensified efforts to those authorized 31 programs, but it iterating my support for the underly- acquire weapons of mass destruction. can be used in the classroom for things ing legislation and this very fair rule, I On May 6, 1995, I issued Executive such as teachers’ salaries, teachers’ also yield back the balance of my time, Order 12959 (60 Fed. Reg. 24757, May 9, aides, equipment, books, computer sup- and I move the previous question on 1995) to further respond to the Iranian plies, whatever their needs are. We the resolution. threat to the national security, foreign know that the needs of one district are The previous question was ordered. policy, and economy of the United not necessarily the needs of another The resolution was agreed to. States. The terms of that order and an district, but they can be used according A motion to reconsider was laid on earlier order imposing an import ban the local priorities. the table. on Iranian-origin goods and services If they want to reduce classroom f (Executive Order 12613 of October 29, sizes, if they want to spend it on teach- 1987) were consolidated and clarified in ing reading, connecting the classroom REPORT ON CONTINUING NA- Executive Order 13059 of August 19, to the Internet, whatever their needs TIONAL EMERGENCY WITH RE- 1997. are, they can use it all. SPECT TO IRAN—MESSAGE FROM At the time of signing Executive It is estimated today by the Commit- THE PRESIDENT OF THE UNITED Order 12959, I directed the Secretary of tee on Education and the Workforce, STATES (H. DOC. NO. 105–312) the Treasury to authorize through spe- and we did not consolidate all pro- The SPEAKER pro tempore laid be- cific licensing certain transactions, in- grams, we did not touch Title I, that is fore the House the following message cluding transactions by United States a very efficient program. We did not from the President of the United persons related to the Iran-United H8018 CONGRESSIONAL RECORD — HOUSE September 17, 1998 States Claims Tribunal in The Hague, United States persons in Iran or in cerning certain goods and technology, established pursuant to the Algiers Ac- property or entities owned or con- including those involved in air safety cords, and related to other inter- trolled by the Government of Iran; (6) cases, the Department of the Treasury national obligations and U.S. Govern- approval, financing, facilitation, or continues to consult with the Depart- ment functions, and transactions relat- guarantee by a United States person of ments of State and Commerce on these ed to the export of agricultural com- any transaction by a foreign person matters. modities pursuant to preexisting con- that a United States person would be Since the issuance of Executive Order tracts consistent with section 5712(c) of prohibited from performing under the 13059, more than 1,500 transactions in- title 7, United States Code. I also di- terms of the Order; and (7) any trans- volving Iran initially have been ‘‘re- rected the Secretary of the Treasury, action that evades, avoids, or attempts jected’’ by U.S. financial institutions in consultation with the Secretary of to violate a prohibition under the under IEEPA and the ITR. United State, to consider authorizing United Order. States banks declined to process these States persons through specific licens- Executive Order 13059 became effec- transactions in the absence of OFAC ing to participate in market-based tive at 12:01 a.m., eastern daylight time authorization. Twenty percent of the swaps of crude oil from the Caspian Sea on August 20, 1997. Because the Order 1,500 transactions scrutinized by OFAC area for Iranian crude oil in support of consolidated and clarified the provi- resulted in investigations by OFAC to energy projects in Azerbaijan, sions of prior orders, Executive Order assure compliance with IEEPA and ITR Kazakhstan, and Turkmenistan. 12613 and paragraphs (a), (b), (c), (d) by United States persons. Executive Order 12959 revoked sec- and (f) of section 1 of Executive Order Such investigations resulted in 15 re- tions 1 and 2 of Executive Order 12613 of 12959 were revoked by Executive Order ferrals for civil penalty action, October 29, 1987, and sections 1 and 2 of 13059. The revocation of corresponding issuance of 5 warning letters, and an Executive Order 12957 of March 15, 1995, provisions in the prior Executive or- additional 52 cases still under compli- to the extent they are inconsistent ders did not affect the applicability of ance or legal review prior to final agen- with it. A copy of Executive Order 12959 those provisions, or of regulations, li- cy action. Since my last report, OFAC has col- was transmitted to the Congressional censes or other administrative actions lected 20 civil monetary penalties to- leadership by letter dated May 6, 1995. taken pursuant to those provisions, taling more than $110,000 for violations 2. On August 19, 1997, I issued Execu- with respect to any transaction or vio- of IEEPA and the ITR related to the tive Order 13059 in order to clarify the lation occurring before the effective import or export to Iran of goods and steps taken in Executive Order 12957 date of Executive Order 13059. Specific services. Five U.S. financial institu- and Executive Order 12959, to confirm licenses issued pursuant to prior Exec- tions, twelve companies, and three in- that the embargo on Iran prohibits all utive orders continue in effect, unless dividuals paid penalties for these pro- trade and investment activities by revoked or amended by the Secretary hibited transactions. Civil penalty ac- United States persons, wherever lo- of the Treasury. General licenses, regu- cated, and to consolidate in one order tion is pending against another 45 lations, orders, and directives issued United States persons for violations of the various prohibitions previously im- pursuant to prior orders continue in ef- posed to deal with the national emer- the ITR. fect, except to the extent inconsistent 6. On January 22, 1997, and Iranian gency declared on March 15, 1995. A with Executive Order 13059 or other- copy of the Order was transmitted to national resident in Oregon and a U.S. wise revoked or modified by the Sec- citizen were indicted on charges relat- the Speaker of the House and the retary of the Treasury. President of the Senate by letter dated ed to the attempted exportation to The declaration of national emer- Iran of spare parts for gas turbines and August 19, 1997. gency made by Executive Order 12957, The Order prohibits (1) the importa- precursor agents utilized in the produc- and renewed each year since, remains tion of nerve gas. The 5-week trial of tion into the United States of any in effect and is not affected by the goods or services of Iranian origin or the American citizen defendant, which Order. began in early February 1998, resulted owned or controlled by the Govern- 3. On March 4, 1998, I renewed for an- ment of Iran except information or in- in his conviction on all counts. That other year the national emergency defendant is awaiting sentencing. The formational material; (2) the expor- with respect to Iran pursuant to tation, reexportation, sale, or supply other defendant pleaded guilty to one IEEPA. This renewal extended the au- count of criminal conspiracy and was from the United States or by a United thority for the current comprehensive States person, wherever located, of sentenced to 21 months in prison. trade embargo against Iran in effect On March 24, 1998, a Federal grand goods, technology, or services to Iran since May 1995. Under these sanctions, jury in Newark, New Jersey, returned or the Government of Iran, including virtually all trade with Iran is prohib- an indictment against a U.S. national knowing transfers to a third country ited except for trade in information and an Iranian-born resident of Singa- for direct or indirect supply, trans- and informational materials and cer- pore for violation of IEEPA and the shipment, or reexportation to Iran or tain other limited exceptions. ITR relating to exportation of muni- the Government of Iran, or specifically 4. There have been no amendments to tions, helicopters, and weapons sys- for use in the production, commingling the Iranian Transactions Regulations, tems components to Iran. Among the with, or incorporation into goods, tech- 31 CFR Part 560 (the ‘‘ITR’’), since my merchandise the defendants conspired nology, or services to be supplied, report of March 16, 1998. to export were parts for Phoenix air-to- transshipped, or reexported exclusively 5. During the current 6-month period, air missiles used on F–14A fighter jets or predominantly to Iran or the Gov- the Department of the Treasury’s Of- in Iran. Trial is scheduled to begin on ernment of Iran; (3) knowing reexpor- fice of Foreign Assets Control (OFAC) October 6, 1998. tation from a third country to Iran or made numerous decisions with respect The U.S. Customs Service has contin- the Government of Iran of certain con- to applications for licenses to engage ued to effect numerous seizures of Ira- trolled U.S.-origin goods, technology, in transactions under the ITR, and nian-origin merchandise, primarily or services by a person other than a issued 12 licenses. carpets, for violation of the import pro- United States person; (4) the purchase, The majority of denials were in re- hibitions of the ITR. Various enforce- sale, transport, swap, brokerage, ap- sponse to requests to authorize com- ment actions carried over from pre- proval, financing, facilitation, guaran- mercial exports to Iran—particularly vious reporting periods are continuing tee, or other transactions or dealings of machinery and equipment for var- and new reports of violations are being by United States persons, wherever lo- ious industries—and the importation of aggressively pursued. cated, related to goods, technology, or Iranian-origin goods. The licenses that 7. The expenses incurred by the Fed- services for exportation, reexportation, were issued authorized certain finan- eral Government in the 6-month period sale or supply, directly or indirectly, to cial transactions and transactions re- from March 15 through September 14, Iran or the Government of Iran, or to lating to air safety policy. Pursuant to 1998, that are directly attributable to goods or services of Iranian origin or sections 3 and 4 of Executive Order the exercise of powers and authorities owned or controlled by the Govern- 12959, Executive Order 13059, and con- conferred by the declaration of a na- ment of Iran; (5) new investment by sistent with statutory restrictions con- tional emergency with respect to Iran September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8019 are reported to be approximately $1.7 tleman from Pennsylvania (Mr. FOX) is partisan legislation, Mr. Speaker, million, most of which represent wage recognized for 5 minutes. would enact a simple process. If a State and salary costs for Federal personnel. Mr. FOX of Pennsylvania. Mr. Speak- releases a murderer, a rapist, or a child Personnel costs were largely centered er, I rise to address the House to speak molester and that criminal goes on to in the Department of the Treasury about very important legislation I am commit one of these crimes in another (particularly in the Office of Foreign working on with Congressman MATT State, the State that released the Assets Control, the U.S. Customs Serv- SALMON. This legislation is the No Sec- criminal will compensate the second ice, the Office of the Under Secretary ond Chances for Murderers, Rapists, or State and the victim in the later for Enforcement, and the Office of the Child Molesters Act. crime. General Counsel); the Department of Mr. Speaker, each year more than This is an idea whose time has ar- State (particularly the Bureau of Eco- 14,000 murders, rapes and sexual as- rived, Mr. Speaker. I hope that more nomic and Business Affairs, the Bureau saults on children are committed each and more of our representatives will of Near Eastern Affairs, the Bureau of year by individuals who have been re- join us in this quest to have this legis- Intelligence and Research, and the Of- leased in the neighborhoods after serv- lation adopted. It has been endorsed by fice of the Legal Adviser); and the De- ing a prison sentence for rape, murder, every major law enforcement organiza- partment of Commerce (the Bureau of or child molestation. tion in the United States. Export Administration and the General Think about it. Every one of these Congressman SALMON is to be con- Counsel’s Office). crimes is preventable. gratulated for bringing this idea for- 8. The situation reviewed above con- These perpetrators were behind bars, ward. Many of us have cosponsored this tinues to present an extraordinary and convicted of heinous crimes; yet, Mr. bill because we believe it is going to be unusual threat to the national secu- Speaker, were released to prey on the a step in the right direction. This Fed- rity, foreign policy, and economy of population again. This is unconscion- eral bill, along with a similar State the United States. The declaration of able, indefensible, and must stop. That bill, will make sure that those people the national emergency with respect to is why I am working with my col- who commit such violent crimes will Iran contained in Executive Order 12957 leagues. Mr. SALMON has introduced not do them a second time. and the comprehensive economic sanc- the legislation. We are working to- f tions imposed by Executive Order 12959 gether with the Law Enforcement Cau- underscore the Government’s opposi- cus to make sure this legislation is WE MUST SAVE SOCIAL SECURITY tion to the actions and policies of the adopted. FIRST Government of Iran, particularly its Public safety demands that we keep The SPEAKER pro tempore. Under a support of international terrorism and these people behind bars. Second previous order of the House, the gen- its efforts to acquire weapons of mass chances are fine for petty crimes, how- tleman from Arkansas (Mr. BERRY) is destruction and the means to deliver ever we do not believe that individuals recognized for 5 minutes. them. The Iranian Transactions Regu- who have murdered, raped, or molested Mr. BERRY. Mr. Speaker, I rise lations issued pursuant to Executive a child should have that opportunity to today in support of the most successful Orders 12957, 12959, and 13059 continues repeat their criminal behavior. government program ever created: the to advance important objectives in pro- Just consider just a couple of of- Social Security system. moting the nonproliferation and anti- fenses which are so tragic. Over 500,000 retired Arkansans and terrorism policies of the United States. In 1997, Arthur J. Bomar, Jr., was 160 million retired Americans depend I shall exercise the powers at my dis- charged in Pennsylvania, Mr. Speaker, on their Social Security system posal to deal with these problems and with a rape and murder of a George monthly check as a necessary source to will report periodically to the Congress Mason University star athlete, Amy supplement their retirement income. on significant developments. Willard. Bomar had been paroled in Many retired seniors in my district and WILLIAM J. CLINTON. 1990 from a Nevada prison, following an across the country rely on the Social THE WHITE HOUSE, September 16, 1998. 11-year stint in prison for murder. Even Security system as their only source of f in prison he had a record of violence. income. b 2100 Bomar is also being investigated for in- Right now, millions of working volvement in at least two other homi- Americans, including our children and SPECIAL ORDERS cides that follow his release. Amy’s grandchildren, are paying into the So- The SPEAKER pro tempore (Mr. mother, Gail Willard, has endorsed the cial Security system and are counting SNOWBARGER). Under the Speaker’s an- legislation. on it for when they retire. Although no nounced policy of January 7, 1997, and The victims go on and on. one in the next few years has to worry under a previous order of the House, We have Mary Vincent in California, about whether they will receive their the following Members will be recog- and we have countless other witnesses monthly check, the Social Security nized for 5 minutes each. who came before the Committee on the system will face undeniable problems f Judiciary today about how important in the future which need to be ad- The SPEAKER pro tempore. Under a this bill is. dressed now. previous order of the House, the gen- Released murderers, rapists, and These problems are due to demo- tleman from Washington (Mr. child molesters are more likely to re- graphics which include the baby boom METCALF) is recognized for 5 minutes. commit the same offense than the gen- generation, declining birth rates, and (Mr. METCALF addressed the House. eral prison population. Released mur- increasing life expectancies. The num- His remarks will appear hereafter in derers are almost five times more like- ber of people 65 and older is predicted the Extensions of Remarks.) ly than other ex-convicts to be re- to rise by 75 percent by the year 2025. f arrested for murder. Released rapists The number of workers whose payroll The SPEAKER pro tempore. Under a are 101⁄2 times more likely than nonrap- taxes finance the Social Security sys- previous order of the House, the gen- ist offenders to have a subsequent ar- tem benefits of retirees is projected to tleman from California (Mr. LANTOS) is rest for rape. Astonishingly, a recent grow by only 15 percent. This year the recognized for 5 minutes. Department of Justice study revealed Social Security system will collect $100 (Mr. LANTOS addressed the House. that 134,300 convicted child molesters billion more in payroll taxes and inter- His remarks will appear hereafter in and other sex offenders are currently est than it pays out to the Social Secu- the Extensions of Remarks.) living in our neighborhoods across rity beneficiaries. f America. By the year 2010, when 76 million We want to change this, to encourage baby boomers begin to retire, the So- NO SECOND CHANCES FOR MUR- States to keep sex offenders and mur- cial Security systems cash flow surplus DERERS, RAPISTS, OR CHILD MO- derers in prison where they belong. Our will begin to decline. Because Social LESTERS legislation, the No Second Chances for Security is financed by payroll and The SPEAKER pro tempore. Under a Murderers, Rapists, or Child Molesters self-employment taxes on a pay-as- previous order of the House, the gen- Act is what we are advancing. This bi- you-go basis, meaning that today’s H8020 CONGRESSIONAL RECORD — HOUSE September 17, 1998 workers are paying for the benefits of [Translation—occasionally impossible to Council of Churches in Jakarta on Thursday. today’s retirees, by the year 2032 there read newspaper clipping print] As is known, on the 10th of August the PGI will not be enough people paying into PRESIDENT HABIBIE AGREES TO CONDUCT went on a pastoral mission concurrently the system to pay for those who should NATIONAL DIALOGUE ON IRIAN JAYA with the initiative to bring the team of Na- tional Development for Irian Jaya to see receive the Social Security payments. President B.J. Habibie listened carefully and with full attention to reports of human first hand the problems facing the people of At that point, payroll taxes will only the province. generate approximately 75 percent of rights violations which have occurred in Irian Jaya during a meeting with the Rev- The Team consists of the Chairman, Prof. the revenues needed to pay for the ben- erend Karel Phil Eran on the evening of Fri- Sudarso Sepater, Pastor Karel Phil Eran and efits of those current retirees. day 11 September at the Palace. a member the Rev. Dr. Jodo Wibowo (un- Before we reach this critical point, Karel Phil Eran is the Secretary of the Na- readable...... ) Congress must be willing to carefully tional Development for Irian Jaya and a Minister Gafur, Joint team in the Par- liament agreed with > > > > > that a forum examine the issues surrounding the So- member of the Pastoral Team of the Council of Churches in Indonesia who was on a pas- must be created including several experts in cial Security system and take correc- the community in cultural affairs, academia tive action. Until such action is taken, toral mission to Irian Jaya (IrJa) after sev- eral demonstrations and actions which have and government to examine the roots of nothing should be removed from the resulted in fatal incidents and wounded vic- these problems and to find ways and means Social Security Trust Fund. tims during 11–18 August 1998. to solve. This year some have suggested that In his discussion with Pembaruan on Sat- However, there are slight differences in the we have a budget surplus. That just urday morning, Eran stated President perception of dialogue which we have offered simply is not so. Excluding the Social Habibie as declaring that in the current ref- with the dialogue as proposed by the PGI. We, from the Parliament propose that the Security Trust Fund, there is a $137 ormation era killings cannot happen unless forced by the direst circumstances. Because forum is conducted in the locality to involve billion deficit in the next 5 years. We all the leadership of Irian and upon obtain- will not have a surplus for another 10 of that a new approach must be held with re- gard to development plans in IrJa. ing its results, bring the resolutions to the years, and then it is only $31 billion, During the meeting which lasted more central government. It does not matter what and that is assuming a good economy. than an hour, Eran presented to the Head of you name it, what is important is that we Of course there is an enormous temp- the Nation that the people of Irian Jaya in conduct the dialog, says Gafur, who is the tation to spend this so-called surplus. the particular region have been extremely Chairman in the Parliament for Irian Jaya We should cut taxes. But we should re- wounded by incidents of human rights viola- Affairs. tions which have been perpetrated by secu- In the meantime, the proposal for dialogue sist the temptation to rob the Social as offered by the PGI is a National Forum to Security Trust Fund. We must not rob rity forces there. This has resulted in the people’s desire to separate themselves from include many other sectors and components our children’s future. Indonesia. of the general population. Thus the results While Social Security is sound today, President Habibie stated his agreement to could be clearer and maximized. we in Congress have a responsibility to conduct a national dialogue with regard to They also stated that the form and presen- worry about tomorrow. We must en- Irian Jaya in the shortest time. At the Dia- tation of the dialogue is of lesser concern, sure that Social Security will continue logue the people’s voices may be heard and whether conducted on local or national level. to provide the benefits promised to an honest examination regarding what actu- If the dialogue begins at the local commu- nity level there may be many aspirations those who have paid into the system. ally happened can be understood together. President Habibie also affirmed that the and appreciation by the local people to ad- No one should have to worry that one church is given equal rights in all develop- dress the various problems they face. day Social Security will not be there ment programs in the region. The role of the JUST TREATMENT for them. Our children and our grand- church in the building of the community In the meantime the Secretary children deserve to know that Social must be given attention, said Eran in > > > > > > > >, Rev. Dr. Karel Phil Eran af- Security will be there when they need quoting the President. The President also firmed the national dialogue proposal as pre- it. stated that there cannot be any discrimina- sented by his group as having received posi- We must save Social Security first. tion in all sectors especially since the tive response from the chairman of the Par- Church in Irian Jaya is a pioneer in develop- liament, Abdul Gafur. As such the PGI shall f ment efforts as evidenced throughout his- follow up with a clearer agenda. tory. Meaning, that even long time before The National Dialogue on Irian Jaya shall Irian Jaya became part of Indonesia, the be organized in coordination with and facili- IN SUPPORT OF A NATIONAL DIA- Church especially was the pioneering force tated between the Parliament and PGI. The LOGUE IN INDONESIA REGARD- for regional development here. Dialogue shall be conducted free from any ING IRIAN JAYA/WEST PAPUA, The President was very open; he received intimidation, threats and strategies. NEW GUINEA me not as an Irian expert but as a friend The people of Irian must feel confident from the intellectual community which is that they shall be treated justly in this na- The SPEAKER pro tempore. Under a much needed by the people, said Eran. tional dialogue therefore they shall be rep- previous order of the House, the gen- Habibie also offered to Eran to become a resented by the Church, the cultural experts, tleman from American Samoa (Mr. member of the National Reconciliation students, the intellectuals, organizations, FALEOMAVAEGA) is recognized for 5 Team which can facilitate problems of Irian. women’s organizations, bureaucrats and his- minutes. He asked of > > > > S. Panjaitan to organize torical experts such as > > > > > > an informal meeting to follow up on the dis- In addition, by conducting a national dia- Mr. FALEOMAVAEGA. Mr. Speaker, cussions. At the end of the meeting Pastor I rise today to inform our colleagues logue this shall increase awareness and con- Eran prayed for President Habibie asking for cern and create a psychological effect for the and the Nation of important develop- grace and wisdom in facing the problems of local people encouraging them to be brave ments in Indonesia concerning the peo- this nation. enough to conduct dialogue amidst them- ple of West Papua, New Guinea, or THE NEED FOR DIALOGUE TO DISCOVER THE selves, at the minimum to open up discus- commonly known as Irian Jaya, as it is ROOTS OF THE PROBLEMS OF IRIAN JAYA sions regarding incidents and suffering as ex- known by the Indonesia Government. To present the various intense problems perienced by them. If you recall, Mr. Speaker, I have spo- which are happening in Irian Jaya a forum It has been clarified that the PGI team has ken on the floor before about Jakarta’s for dialogue must be organized to discuss and uncovered human rights violations of ex- brutal subjugation of the West Papuan discover the best solutions for the future of tremely serious nature for 35 years where in- nocent people have been killed, cruelly beat- people and their decades-long struggle Irian. At the minimum there are three important en, vanished, oppressed, intimidated and for independence from Indonesia. agendas which must be addressed between many women have been raped. Such prac- Today I welcome the announcement experts in culture, non profit foundations, tices have returned to Biak on the 6th of of a significant development in the In- academia and government. July. donesian Government’s position on The first agenda are the problems of The pastoral mission of the PGI to Irian West Papua, as described in an article human rights, second the problems of auton- Jaya was conducted as a show of solidarity that appeared in the Indonesian lan- omy or the granting of full rights to the peo- and responsibility. PGI received reports from guage daily newspaper, Suara ple of Irian to determine their own destiny. the GKI church (Dutch Reformed—Protes- The third agenda is the problem of independ- tant) in IrJa with regard to these human Pembaruan, on Sunday, September 13, ence for Irian. rights violations which are extremely seri- 1999, and I include this newspaper arti- This was the discussion with Abdul Gafur ous in the form of suffering and terror cle in the RECORD. after the meeting conducted among the Na- among the parishioners of the GKI and the The article referred to is as follows: tional Development for Irian Jaya and the Christian community particularly in Biak, September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8021 Sorong, Waimena, Nabire and the city which leader of the human rights organiza- It reminds me of the claymation fig- was overwhelmed by rioting and peaceful tion in West Papua, New Guinea, who ure that was used in the 1950s, a little demonstration for a Free Papua on 7th July was recently here in Washington. And I figure that one of my staff members 1998. am very, very hopeful that my col- found a replica of: Gumby. Poor The newspaper report states that In- leagues here in the Congress and the Gumby. His friend was Pokey. They donesia’s President, B.J. Habibie, has American people will support this ef- wanted company. These appropriations agreed to a national dialogue of West fort to allow, especially allow the peo- bills, this tax cut consideration needs a Papua as soon as possible. The pro- ple of West Papua, New Guinea to de- friend. It needs the Budget Act, or it posed dialogue, supported by Indo- termine for themselves what should needs the budget resolution, and the nesian parliamentary leader Abdul their future be and not be subjected as fact that we do not have a budget reso- Gafur and the Indonesian Council of a colony of Indonesia as in our stance. lution makes me think that the old Protestant Churches, would cover a f 1950s figures live again here in Con- three-part agenda including human HOW DO WE DEAL RESPONSIBLY gress in the 1990s. rights problems, autonomy issues, and Mr. Speaker, I challenge the leader- WITH THE SOCIAL SECURITY the issue of independence. ship of this body and of the Senate to TRUST FUND? Mr. Speaker, this pronouncement by appoint a conference committee so President Habibie is extremely encour- The SPEAKER pro tempore. Under a that the budget resolutions that were aging news, and President Habibie previous order of the House, the gen- adopted in the respective bodies can be should be commended for his leader- tleman from California (Mr. MINGE) is reconciled, so that this body is acting ship envisioned in addressing this long- recognized for 5 minutes. responsibly, and so we know that we festering wound in Indonesia. Mr. MINGE. Mr. Speaker, I would have complied with the laws that we As the United States Congress has like to begin by associating myself ourselves have adopted and lay down with the remarks of my colleague from spoken out forcibly on East Timor, Mr. the standards for responsible fiscal Arkansas (Mr. BERRY) with respect to Speaker, I am confident that our col- planning. We need a budget resolution Social Security and budget policy tax- leagues fully support President for the 1999 fiscal year. cut issues. I certainly feel that he has Habibie’s call for establishment of this f vital dialogue between West Papua and accurately identified a problem that the Government of Indonesia. we face in this country: How do we deal ANNOUNCEMENT BY THE SPEAKER To ensure that the dialogue proceeds responsibly with the Social Security PRO TEMPORE in a credible and legitimate manner, Trust Fund and our obligations or the The SPEAKER pro tempore (Mr. however, we recognize that certain fun- obligations which will be due from that SNOWBARGER). The Chair must remind damental steps are absolutely nec- trust fund in the years ahead? Al- all Members to refrain from personal essary. though all of us, I think, would agree references to the President. that the tax cut proposal that is being First, a dialogue must be structured f to facilitate full and democratic par- considered or has been considered in ticipation, including representatives the Committee on Ways and Means is a THE ARMS RACE from all sectors of society in West moderate proposal and that it distrib- The SPEAKER pro tempore. Under a Papua. This should include recognized utes benefits equitably among the previous order of the House, the gen- and respected community leaders, American people, the really difficult tleman from California (Mr. HUNTER) is church leaders, students, women’s or- question is at what stage should we im- recognized for 5 minutes. ganizations, academics, West Papuans plement this proposal? Should we im- Mr. HUNTER. Mr. Speaker, we are in who participated in the United Nations plement it when we borrow from the a race, and the participants in the race, sponsored act of free choice, which was Social Security Trust Fund yet to bal- along with the United States of Amer- actually an act of no choice, and his- ance the budget, or should we postpone ica, are nations like North Korea, Iran, torical and cultural experts. the implementation of a proposal of Iraq, Communist China, and to some Second, the Indonesian Government that type until after we know that we degree, Pakistan and India. The other should terminate West Papuan status no longer need to use the Social Secu- participants in this race seem to under- as a military operations area which al- rity Trust Fund to balance the budget? stand that it is a race because they are lows martial law to be imposed in West b 2115 doing everything that they can to de- Papua as well as in East Timor and I would like to, however, extend my velop offensive missiles that have in- Aceh. The military’s involvement in comments this evening beyond the creasing capability and can go long dis- West Papua’s political and economic budget issues that are raised with re- tances, now almost to the point where development should also be termi- spect to Social Security and move to a this last shot that was fired over Japan nated, Mr. Speaker. Additionally, im- slightly different topic area. * * * by the North Koreans, the so-called mediate steps should be taken to inves- We have many responsibilities here Taepo Dong 1 missile, a 3-stage missile, tigate and prosecute military person- in Congress. Perhaps most signifi- had enough range to reach portions of nel responsible for human rights viola- cantly, we should not let those actions the United States of America. That is tions throughout West Papua, New deter us from attempting to complete the North Koreans now, years before Guinea. the work on the budget. The budget the CIA ever thought that they would Last, Mr. Speaker, there must be in- that this body and the body at the be this far, have now developed a mis- creased transparency and openness in other end of the building would have sile that has ICBM capability. That West Papua which can only be accom- agreed to is 5 months and 2 days past means the capability to reach parts of plished by allowing churches, non- due. the United States. governmental organizations, and inde- Mr. Speaker, we have an awesome re- Now, on the other side of the race is pendent international human rights or- sponsibility here to comply with the the American effort to develop defenses ganizations to monitor full access to Budget Act, and we are not doing it. It against these missiles, and this Amer- all areas of the province. is difficult to prepare and bring to the ican effort really started in 1983 when In concluding, Mr. Speaker, I would floor appropriations bills which fit then President Ronald Reagan told the ask my colleagues to join me in com- within a budget that we have not yet Nation that we were entering the age mending President Habibie for this adopted, or to identify the scale of tax of missiles, and that we had to do courageous decision on West Papua, cuts that we would like to work on something about it, and that rather New Guinea and that he be urged to when we have no budget with which to than just have the ability to retaliate; take the foregoing steps to ensure that place those tax cuts in context. In fact, that is, throw our missiles back at that a successful and productive dialogue it appears that many of these efforts to enemy, whoever it might be, we needed take place as soon as possible. bring bills to the floor, to discuss tax to be able to develop the ability to And, Mr. Speaker, I had the privilege cuts are lonely efforts, because they shoot down incoming missiles. recently of meeting with the gen- are efforts that do not have within Now, that lesson that Ronald Reagan tleman, Mr. John Kubiac, who is the them that budget. gave us in 1983 was driven home in the H8022 CONGRESSIONAL RECORD — HOUSE September 17, 1998 early 1990s during the Gulf War when We must change that situation, Mr. In 1982, genital herpes became more we saw ballistic missiles, Scuds at that Speaker. common. One of 5 Americans between time, for the first time in the history f 15 and 74 years of age in our country of warfare, being delivered on a battle- today is carrying genital herpes. Geni- SEXUALLY TRANSMITTED field. My colleagues may recall, Mr. tal herpes is incurable. It is not pre- DISEASE: EPIDEMIC IN THE U.S. Speaker, those Scud missiles destroyed ventable if one in fact is exposed to the a number of American barracks and The SPEAKER pro tempore. Under virus. killed a number of American soldiers. the Speaker’s announced policy of Jan- In 1992, what we saw statistically was We shot some of them down with our uary 7, 1997, the gentleman from Okla- pelvic inflammatory disease. One mil- Patriots. Our Patriots were the Model homa (Mr. COBURN) is recognized for 60 lion women in the United States expe- T of missile defenses. They are very minutes as the designee of the major- rienced an infection in their abdomen slow. According to MIT, they did not ity leader. and reproductive organs secondary to hit any of the Scud missiles. According Mr. COBURN. Mr. Speaker, tonight I sexually transmitted disease, and over to the U.S. Army, our Patriots shoot- am going to be talking about a subject 200,000 teenagers are now annually di- ing at those Scuds had close to an 80 that is rarely talked about from this agnosed with this disease. percent success rate. Probably the chamber, and one of the reasons I am Pelvic inflammatory disease. What is truth is somewhere in-between zero doing so is because the Federal agen- it? It is when these organisms invade and 80 percent. cies that have been charged with this and not only infect and harbor the re- But now, our potential adversaries, duty have failed in their duty. productive tract, but cause damage and like the North Koreans, are racing to In the time that I take to talk about grow and are irreversible in terms of develop offensive missiles, and Mr. these issues, what will happen is in the their damage. We can cure and treat Speaker, we are stalled in the develop- next hour, 1,300 people in this country pelvic inflammatory disease, but the ment of our ability to defend against will contract a sexually transmitted scar tissue that is left there leads to those missiles. disease. Mr. Speaker, 500 of those peo- infertility and pelvic pain which is the If we look at the so-called PAC–3 up- ple will never be cured of that disease. number 1 reason, the number 1 reason, grade, that is just an upgraded Patriot. In the next hour, 30,000 Americans will pelvic pain is the number 1 reason why That is maybe, if not the Model T, that be exposed to a sexually transmitted we have hysterectomies in this coun- is maybe the 1965 Chevy of our missile disease, and in the next 24 hours, 30,000 try. defenses. We are not going to even de- Americans will actually contract a sex- In 1997, 8 new sexually transmitted ploy that until the year 2000. And, Mr. ually transmitted disease, of which pathogens have been identified since Speaker, the so-called Navy Lower 12,000 will be entirely incurable. 1980, including HIV. Actually that is 9, Tier, that is a system that cannot even What we have today in our country is because hepatitis C now infects 4 mil- shoot down the type of Dong I missile, an epidemic of sexually transmitted lion Americans, 4 million Americans. 3-stage missile that the North Koreans diseases that is covered up, that is not There are 4 times as many people in- just fired, that they now have and have talked about, that nobody wants to fected with hepatitis C as there are in- the ability to fire right now. That know the information about. This fected with HIV in our land. Twenty- Navy defensive system, so-called Navy knowledge is valuable. It is powerful one percent of those cases are trans- Lower Tier, it is a fancy name for the for us as parents, as a Nation, to see mitted sexually. The outcome from Navy missile defense system, will not the consequences of the sexual revolu- hepatisis C is one either gets a liver even be deployed until 2 years after the tion of my generation of the 1970s. transplant or one dies, one or the next century starts; that is, 2002. So we are going to be talking about other. That is the long-term con- The so-called Airborne Laser that we sexual health today. We are going to be sequences of hepatitis C. are working on, we do not deploy that exploring the past, we are going to be b until 2006, and the THAAD system, talking about preserving the future, 2130 which has a very difficult time hitting and we are going to talk about how we There are now 25 significant sexually any of its test targets today, even if it do that. How we do that with our chil- transmitted diseases. There will be 12 is successful and is not terminated, dren, how we do that in terms of our million Americans that get a new sexu- will not be deployed until 2007. And of relationships. ally transmitted disease this year. course, the Navy Upper Tier, and that Today, as I mentioned, 32,000 people Some people may say as they hear is a system that barely has enough ca- are going to become infected. Mr. me talk about this that this is the pability, if everything works out, to Speaker, 370,000 Americans have died of opinion of one physician. That is not knock down this North Korean Taepo AIDS since this epidemic started, and true. My colleagues will see on all of Dong I missile, that is not going to be 2,700 teenagers between the ages of 15 these charts and everything that I have deployed until 2008. and 19 will become pregnant in the referenced either the Institute of Medi- So the North Koreans today have a next 24 hours. That is 1 girl every 31 cine, the National Institute of Health, missile that can out-perform the Amer- seconds. the CDC, the American Medical Asso- ican defense, and that missile is capa- The most common sexually transmit- ciation, the Journal of the American ble today, and the American defense ted disease, human papillomavirus, Medical Association. These are not against that missile is not going to be causes almost every bit of cervical can- opinions. Those are absolute facts of on line until 10 years from now, in 2008. cer in this country. Women die rou- where we stand with an epidemic So, Mr. Speaker, we have to redouble tinely from this disease. Is it treat- today. our efforts. We have to reorder our pri- able? Yes. Will one ever lose the virus Two-thirds of all the sexually trans- orities. We may have to spend some bil- that causes this disease? No. mitted disease infections occur in peo- lions of dollars, but we must have a de- It is important for us to recognize ple under 25. So if there is 12 million a fense against incoming missiles, that there has been a historical trend year and we think of our population of whether they are incoming missiles and growth in this epidemic. In 1960, being 260 million of which only 45 mil- coming against our troops who are in syphilis and gonorrhea were the only lion to 50 million are under 25, what theater like our troops in Desert major sexually transmitted diseases does that tell us? That we have a large Storm, or coming into American cities. that were counted and recognized as percentage of people under 25 that are The first question I ask the Sec- contributing to this malady. In 1976 I carrying a sexually transmitted dis- retary of Defense when he appears be- was in medical school, and our profes- ease. fore our Committee on National Secu- sors laughed at the Swedes when they Eighty-seven percent of all report- rity is this: Can you stop today a single said chlamydia was a sexually trans- able communicable diseases in the U.S. incoming ballistic missile coming into mitted disease. are caused by chlamydia, gonorrhea, an American city? And his answer al- What we know today is it is the num- HIV, syphilis and hepatitis B. ways, and this last year again was, no, ber 1 sexually transmitted disease that The largest sexually transmitted dis- we cannot stop a single incoming bal- is caused by a bacteria. In 1981 AIDS ease, human papillomavirus has not listic missile. was identified and HIV was identified. even been asked to be reported by the September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8023 Center for Disease Control, the virus One other point that I would like to go into labor. This is a much higher that is incurable, that causes cervical make is how are they contracted. If my risk if this is their first episode of her- cancer, causes cancer of the reproduc- colleagues look at this first group, pes. It is fairly low. But most women tive organs of men as well is not a re- body fluid contact. The other is direct do not want to take the chance of de- portable disease. contact. You have to have direct con- livering a child when they have an ac- Genital herpes. What has happened? tact with these to become infected. tive infection because of the high mor- What we have seen is these diseases are Yet, at the same time, we talked about tality and morbidity associated with infecting a lot more people today than the ineffectiveness of condoms even this disease. they ever have in the past. From 1976 though you have to have direct body Almost everybody in America knows to 1994, 30 percent more Americans contact. That is because this virus is about HIV and AIDS. We know that across ethnic groups are infected with not just in the reproductive organs, there are somewhere around 900,000 herpes today than were just 15 years and so, therefore, it can be transmitted Americans living with HIV. We know ago. There has been a 500 percent in- regardless of condom or not. that HIV almost always results in crease in the number of white teen- Chlamydia. Eighty-five percent of AIDS, the end stage of the infection of agers infected in the past 15 years. women who are infected with that virus. We know that AIDS is a When we break it out and look at it chlamydia have no symptoms whatso- fatal disease. We know that we made by categories, by race, by socio- ever. And 40 percent of men who have major strides of slowing down the pro- economic background, what we see is this bacterial sexually transmitted dis- gression of infection of the virus to the this is going across all trends, all class- ease are asymptomatic. Chlamydia is full-blown disease. es, all socioeconomic backgrounds, and the most common nonviral sexually What we do know is HIV is prevent- all races in our society. transmitted disease in the United able. It is an absolutely preventable What is important for us to learn as States with an estimated 4 million new disease. We now spend, Federal money, a Nation is to dispel a lot of the safe infections a year. It is one, along with $7 billion a year on either HIV re- sex messages that are out there. It is gonorrhea, of the number one causes of search, treatment facilities, and drugs not safe to have indiscriminate sex in infertility in the United States for to help those people who have that. this country regardless of what mes- which we spend millions of dollars try- The Congress of the United States in sage others might say. I hope that my ing to achieve pregnancy for many terms of mandated spending at the colleagues will see as we go through women, not all, but many women who CDC spends about $650 million just on this tonight why that is so. HIV. But every other disease that I This chart is extremely important. have silently been infected with a sexu- ally transmitted disease, never to their have listed here we spend less than $150 Sexually transmitted diseases are bro- million. That is why Americans do not knowledge, and have become incapable ken down into those that are viral, a know about these diseases. We need to of conceiving a child because of that virus like a common cold virus, that know about these diseases. type of organism, or a bacteria, or sexually transmitted disease. Hepatitis B. We are now immunizing The other thing that is important something somewhat in between, which our children at birth and at very young about chlamydia as well as gonorrhea chlamydia happens to be. ages against hepatitis B. We do not is that it is the major cause of pelvic On viral sexually transmitted dis- have an immunization right now inflammatory disease, pelvic pain, ec- eases, there is no cure. We cannot against hepatitis C. Hepatitis B we topic pregnancy, and infertility. eliminate it from the body. We have no know is passed from mother to baby Gonorrhea. We have all heard of this ability to kill the virus. We can treat and can be. We are very careful. We disease. It causes a significant dif- the virus. We can slow down the virus, test all pregnant women for hepatitis ficulty for men. It may result in stric- but we cannot kill the virus. Condoms B. We do not test all pregnant women tures and other problems with urina- are somewhat effective. They are more for hepatitis C, and yet we know there tion. Females, it could cause pelvic in- so effective for some; and those will be are 4 million out there. Five thousand flammatory disease. It can cause an in- HIV, hepatitis B and hepatitis C. But Americans each year die from hepatitis flammatory arthritis that has long- on herpes what we know now is essen- B. tially condoms are not effective. term consequences, and most physi- Hepatitis C. We have talked about On human papillomavirus, the num- cians have seen it. It also causes pelvic this. Four times as many Americans ber one virally sexually transmitted pain and other problems. Teens 15 to 19 are infected with hepatitis C as HIV. It disease today, we know that condoms are most often infected with gonor- has the same prognosis. You will either are hardly effective at all. But that rhea, higher than any other group. have to have a liver transplant or you message is not out there. There are Human papillomavirus. At least 2.5 will ultimately die of liver failure or good studies that show that. million Americans each year are newly carcinoma of the liver. We also know with human infected with this virus. This virus is Twenty percent, somewhat over 20 papillomavirus that, if you are infected incurable. Once you contract this percent of the people who contract this with it and you are pregnant, the virus, you will have it the rest of your virus contract it from a sexual rela- amniotic fluid around the baby has the life. Does everybody who gets this tionship. Ten thousand Americans die virus in it. We also can culture many virus get cervical cancer? No. But of each year of associated cirrhosis or times this same virus in a newborn the people who had cervical cancer, liver cancer with this. So this is a long- child born to a mother who has this over 90 percent of them had it caused term, chronic, fatal disease of which virus. So not only is this a sexually by this virus. It causes genital warts. It 800,000 of the 4 million people who have transmitted disease, it is a disease that also causes the cancer, as mentioned. it in our country today contracted it is transferred from mother to child. Herpes. We mentioned this earlier. because they did not know it was a sex- If my colleagues look over on the One in five Americans is now positive ually transmitted disease. other side, and they look at chlamydia for what we would call genital herpes What do the studies tell us? There and gonorrhea, what they see is we can in our Nation. It is not curable. It is has been a wonderful NIH study re- fix it. We have got great antibiotics. treatable. We spend a significant cently that the gentleman from Cali- We can solve that infection. But the amount of money each year treating fornia (Mr. WAXMAN) asked for in 1993, damage that those organisms do to the genital herpes. What we now know that and it tells us a ton about what parents reproductive track we cannot solve we did not know 10 years ago is you can can do with their children and sexual without eliminating those reproductive be infected and never be symptomatic activity. organs. until the first episode. You can carry Here are some things that we know. Condoms are fairly effective in the virus for 10 years and never have a We know at the age of first sexual ac- chlamydia and gonorrhea, but they are difficulty with this virus. tivity by a young girl, if she is less not 100 percent effective. Once you get This virus is a significant cause for than 16 years old, her number of life- infected, then it will require treat- morbidity in pregnancy in that women time partners being one partner is 11.3 ment, and there will be consequences of are subjected to cesarian section if, in percent. The number of young girls that infection. There are others that fact, they have an active lesion associ- that will have more than five partners we will not go into. ated with this virus at the time they is 58 percent. H8024 CONGRESSIONAL RECORD — HOUSE September 17, 1998 As we progress, what we see is what The teenaged daughters of adolescent were trained specifically how to use ef- we would expect to see is, as we ma- mothers are 50 percent more likely to fectively what we are teaching our kids ture, we make better decisions. What have a child out of wedlock than chil- to use, yet a significant percentage we see is that these numbers com- dren of nonadolescent mothers. contracted HIV using these methods pletely reverse if in fact we tell our What about older fathers? What we perfectly. children to wait. If in fact we tell our know is with adolescent pregnancy is What about other sexually transmit- children that monogamy and absti- most of the time the father is over 21 ted disease? Condoms must be used nence is protective of their health, not years of age. When was the last time consistently and correctly to have any just their emotional health but of their we heard of a district attorney pros- chance. They work best against, pro- health. ecuting for statutory rape of an under- tecting against HIV and gonorrhea. What about teenagers and sexually age female in any city in this land? They are much less effective for her- transmitted diseases? A sexually active Where are our district attorneys? It is pes, trichomonas, and chlamydia. 15 year old has a one in eight chance of against the law, but we do not see it Condoms are little or no protection getting pelvic inflammatory disease. prosecuted. Seventy-one percent of all against bacterial vaginosis and human That is not getting them infected just births among teenaged girls are fa- papilloma virus. with one of these organisms. That is thered by men older than 20. The mean Our teenagers say, ‘‘We cannot get requiring antibiotics to treat a painful, age was 22.8 for fathers and 16.4 for teen pregnant because we will take the sick, infected, and oftentimes hospital- mothers, 6.4 years average age dif- pill.’’ What do the specific studies say ized adolescent female. Whereas, if the ference. about teenagers taking the pill? What same young person is 9 years older, the What about condoms and pregnancy it says is all women under typical use, risk decreases by tenfold for a lot of prevention? There are some great stud- the number that are not taking the reasons. ies and these are just two. There are pills correctly, 7.3 percent; unmarried One from every four people newly in- ranges in these studies, but it is impor- teens, between 6 and 13 percent; unmar- fected with HIV is under the age of 22 tant to know that published peer re- ried women between 20 and 29, 5.9 to 15 in our Nation today. Under the age of view scientific data says something dif- percent. That is the number of women 22. What do we think their life expect- ferent than what the government says who get pregnant during the first year ancy and what do we think their life is about condom effectiveness. What it using oral contraceptives. going to be like? Approximately 20 per- says, of 100 couples using condoms, how Mr. Speaker, it is not hard to figure cent of sexually active teens acquire a many will get pregnant in the first out. Adolescent females often have new sexually transmitted disease every year? Here is a study from 1992 pub- trouble remembering to brush their year. In other words, one out of five lished in ‘‘Family Planning Perspec- teeth, let alone remembering to take a sexually active teenagers are getting a tives’’: 16 percent. One in five, one in pill at the same time each evening. new infection at least every year. six. Hatcher, ‘‘Contraceptive Tech- Some people say, ‘‘Dr. Coburn, you’re We spend hundreds of millions of dol- nology’’ this year, 14 percent. a prude. Abstinence is not realistic.’’ lars with family planning clinics, with They are really effective in stopping Abstinence is the only thing we have to clinics to help our children make these pregnancy for our children when 14 to offer our children that is safe, the only choices, and they are failing. We would 17 percent of them are going to get thing that we have to offer our chil- not see this statistic if they were suc- pregnant in the first year, when that is dren that will stop this epidemic, this cessful. They are failing. how we teach them to protect them- epidemic that has taken the lives of The top reason for hospitalization of selves. thousands of our fellow citizens and is teenage girls is that they are pregnant How about condoms and human pap- causing tremendous costs in terms of and they are delivering. That is a na- illoma virus and infertility? The data operative expense, causing cancer. tional tragedy for us. Oftentimes it is a on the use of barrier methods of con- What is happening? What we saw, and national tragedy for the children. One traception to prevent the spread of actually released today by the CDC, is million females under 20 experience a human papilloma virus is controver- that we are seeing a marked shift now pregnancy each year. One-third of sial, but it does not support a condom that we are talking about abstinence. those end in an abortion. Regardless of as an effective way to prevent the num- Our teenagers are listening. 1988: Men, your position on abortion, nobody who ber one virally transmitted sexually young men 15 to 19, 40 percent were ab- has undergone an abortion thinks it is transmitted disease that causes cer- stinent, were pure. 1995: 45 percent. a great thing. vical cancer. And I would say that Today, over 50 percent, as released b most Americans do not know that, and today by the CDC, of our young men 2145 most teenagers do not know that, and between 15 and 19 are virgins. It is never a great experience. So we most doctors do not know that. What about young women? Forty-five have to be dedicated to preventing Infertility. Spermicide, used alone, percent, now 50, now 52 percent. So we pregnancies with our teenagers. had no significant effect on risk for are starting to make some headway, Seventy-two to 76 percent of births tubal infertility, whereas condom use but we cannot deny the fact that we to teens are to unmarried teens and alone decreased the risk, but to a sig- have an epidemic of proportions that that goes all the way up to 19-year- nificant extent. Even with the things we have never seen that will com- olds. that they are teaching our children, plicate the lives, if not take the lives, What happens to our teenaged daugh- they are still just as likely to have in- of our young people. ters who get pregnant? Seventy per- fertility as a consequence of their ac- What are the top risk factors? This cent of them drop out of school. What tivity. study that I referred to, what we know happens to the fathers of these chil- What about condoms and HIV and about sexual activity in our youngsters dren? They never attain, a large por- AIDS? There is no question that a is the number one risk factor is alcohol tion of them never attain the edu- condom markedly reduces the risk of use. Number two is a steady boyfriend cation, living standard, or earning the transmission of HIV, but it is one or girlfriend. That makes sense. Num- power of somebody who was not a fa- of the lower risks in terms of numbers ber three, no parental monitoring. If ther of a child as an adolescent. in terms of sexually transmitted dis- the parents are not involved in the ac- The teenaged sons of adolescent ease. But does it reduce it 100 percent? tivity of their children, they are much mothers are 2.7 times more likely to No. Does it reduce it to 90 percent? more likely to be sexually active. And spend time in prison than the sons of Some studies say yes. Some studies say fourth and most important, if a parent mothers who delay childbearing age only 60 percent. is accepting of adolescent sexual activ- until their early twenties. We know as The question is, if it is a fatal dis- ity, is condoning it, it will happen. If we get older, we make better decisions. ease, why would we want anything they are not, it will not. It is the num- Why is our government enabling our other than 100 percent effectiveness? ber one factor. children to make poor decisions? Why These studies were conducted with What are the behavioral risks associ- are we allowing this epidemic to con- married couples who one partner had ated with virginity and nonvirginity? tinue? HIV and the other did not, and they What we know is if they are abstinent, September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8025 they have all these other risk factors wrong behavior. And the morally set the framework. A while back, we that are markedly reduced. In regard wrong behavior is that we have an epi- did a proposal out of my office, or we to alcohol, 20 percent of the kids who demic that is out of control in our Na- did kind of an analysis, and we started are not sexually active use alcohol. Of tion. addressing an issue which I think is the kids that are sexually active, al- Abstinence until entering into a com- very important. The question was: Why most 65 percent do. And these are mitted, lifelong, mutually faithful, is it that everyone has so much faith in males. We can go down the line. Drop- monogamous relationship. That is Washington? called marriage. Marriage is a wonder- ping out of school, threefold increase. b 2200 Use of other drugs, 41⁄2 to 5 times in- ful institution. It does us well as a so- crease if they are sexually active. They ciety. We should do everything we can Why is it that people believe that if are five times more likely to use an il- to support that institution, because they send their money to Washington, licit drug than if they are not sexually that oftentimes protects us. Washington is better at building their active. Abstinence until marriage and faith- roads, Washington is better at educat- What is the number one connection fulness in marriage that is supported ing their children, Washington is bet- here? It is how well are they connected by our society. That is supported. That ter at creating jobs than if we left that to their parents or parent, and we is condoned by our society. Where our money at the State or local level or if know that. We see similar patterns just society stands up and says, Stay to- we left that money in the pockets of with this on females. We see the same gether. Do not violate the principle. the American citizens? pattern if our youngsters are absti- Who benefits from character-based We identified a phenomenon which nent, that the risk factors for other abstinence education? The answer is all we call ‘‘the myth of the magical bu- risks that will markedly impact their of us. It is them and it is us. It is our reaucracy.’’ What we said is, we really life goes way down. So it is an indica- Nation. It is our budget. It is the life, should ask some questions. Do we real- tor of what they are going to be ex- health, and well-being of our children. ly believe that a bureaucrat in Wash- posed to and what other risks are going Mr. Speaker, I say: America, wake ington can raise our children? Do we to be put on them in their life. up. Twelve million new infections really believe that this magical bu- What we saw from this adolescent every year and none of them have to reaucracy here in Washington can study from 1993 is that when the rela- be. Let us ask for the truth. Let us ask build and strengthen our communities, tionship was good with mom, and mom the CDC to do its job. Let us make sure that it can create economic growth, was opposed to premarital sex, and we teach our children what the risk that it can create economic oppor- when discussions of birth control, of factors are. Let us make sure we talk tunity and that it can prepare America how to not get pregnant, are decreased, about that there are consequences to for the information age? not increased, they were 12 times more sexual activity outside of marriage, It is kind of interesting, my col- likely to have a youngster that would and many of them are very, very grave. league from Colorado and I today had Mr. Speaker, I yield back the balance not be sexually active than ones whose the opportunity to ask that question, of my time. parents talked about, ‘‘Here is how you not can the magical bureaucracy here protect yourself and it is okay to be f in Washington prepare America for the sexually active.’’ EXPUNGING OF REMARKS FROM information age, but the question that So what we have done is set a trap CONGRESSIONAL RECORD we asked today is whether the magical for our kids. If we are accepting of a bureaucracy, not whether it can lead Mr. MINGE. Mr. Speaker, I ask unan- us into the information age but wheth- behavior that puts them at risk and we imous consent that any portion of my talk about how to minimally protect er this magical bureaucracy here in remarks that referred to the President Washington, in the two departments them, what we are doing is dooming be expunged from the special order them to failure and to a sexually trans- we had testify today, the Education that was delivered this evening. and Labor Departments, whether they mitted disease. The SPEAKER pro tempore (Mr. are even prepared to move into the in- So what are the other factors that we SNOWBARGER). Is there objection to the formation age and whether they are found? Parent connectedness, parent request of the gentleman from Min- prepared to deal with the year 2000 disapproval of sexual activity, parent nesota? disapproval of sexual adolescent con- There was no objection. issue. And the answers that we got were fairly frightening. traceptive use. f School is real important. The school The Education Department, this is a connectedness is related to parent con- DOLLARS TO THE CLASSROOM group that sends out money to our nectedness, attending a parochial The SPEAKER pro tempore. Under schools; it does Pell grants. It does the school or school with high average the Speaker’s announced policy of Jan- direct student loan program. In reality, daily attendance. uary 7, 1997, the gentleman from Michi- the Education Department is perhaps What are the individual factors? We gan (Mr. HOEKSTRA) is recognized for 60 one of the largest banks in the coun- have seen through programs like ‘‘True minutes as the designee of the major- try. Its loan portfolio or the loans that Love Waits’’ and ‘‘Best Friends,’’ that ity leader. it manages are close to $150 billion. It a commitment to remain sexually pure Mr. HOEKSTRA. Mr. Speaker, to- has roughly 93 million customers, 93 works wonderfully. Our children re- night we want to begin a dialogue that million people who have loans with the spond to it. High grade point average. we hope sets the framework for tomor- Education Department. A religion. Jewish, Muslim, Protestant, row. Tomorrow, there is going to be In a recent scoring or a grading, Catholic. The fact that the faith is im- limited debate on a bill that is coming which I think is very appropriate for pacting their life. to the floor. It is called ‘‘Dollars to the the Education Department, one of my So, what is the answer? We have 12 Classroom.’’ colleagues from another committee in million new sexually transmitted dis- This piece of legislation, which was the House of Representatives said that eases a year. We have a million people authored by a colleague of mine from they, the Education Department, de- with AIDS, with HIV. We have had Pennsylvania, builds on a previous res- served an F. They are not ready for the nearly a half million die from it. We olution that this House has passed. year 2000. It means that we are not have 4 million people that are going to What that resolution said was that quite sure what happens to the $150 bil- die from hepatitis C or they are going when we send a dollar to Washington lion of loans that are outstanding. We to get a liver transplant. What is the for education, instead of getting 60 to are not quite sure what will happen to answer? What is the answer for our 70 cents of that dollar back to the our students who in 1999 begin applying children? classroom, back to the local level, we for loans or start going to school and Mr. Speaker, it is time for a new sex- are going to strive to get that up to 90 believe they are approved for loans and ual revolution. It is time for the revo- to 95 cents of every education dollar start actually looking for the money lution of the 1960s and the 1970s to die. getting back to a local classroom. and do not receive their checks. Why? Because it is morally wrong. But Before I do that, and before I begin It is kind of scary what is going to there are consequences to morally that discussion on education, I want to happen potentially with the Education H8026 CONGRESSIONAL RECORD — HOUSE September 17, 1998 Department. It was heartening to see interrelationship between other finan- context again, there is a difference be- that on a bipartisan basis my colleague cial institutions and financial institu- tween the bureaucratic mentality that from Hawaii, who is the ranking mem- tions that are central to the college we see in a lot of institutions here in ber, indicated her serious concerns lending program. And there was no an- Washington and the free market ac- about where the Education Department swer, really. The answer was, well, we tions and energy that we see. Actually, was and what they could do. will work on it when we get there. We just for my colleagues, on a monthly It is not about whether they can lead will try to fix it then. basis my office publishes what we call us into the information age. I am not The second question I asked, what if a ‘‘Tale of Two Visions.’’ What a tale of sure if the gentleman from Colorado there are some kinds of barriers to the two visions does is it really portrays would have anything to say about his interrelationship with the tele- the two different visions for America, observations on the hearings today, communications industry, our ability one of which is the vision of bureauc- but when we talk about the myth of to communicate with schools, institu- racy. The IRS admits to taxpayer the magical bureaucracy, we really saw tions and other associated agencies abuse. That is a vision of bureaucracy. a myth today, the myth that this orga- that work with the Department of Edu- No kids at a 2.4 million day care cen- nization that we think is educating our cation. Again, the answer was rather ter. Government creates private com- kids cannot even deal with the infor- startling. They really had not thought pany windfall. Start time will improve mation age. through to that point yet. We will education, legislators claim. Another work on it, they said, when we get to I yield to the gentleman from Colo- strange IRS determination, but that is that point into the future, and we will rado (Mr. BOB SCHAFFER). a vision of bureaucracy. fix it as swiftly as we can. GENERAL LEAVE We contrast that to what we think is Well, I realize these are difficult a vision of opportunity, where we do Mr. BOB SCHAFFER of Colorado. times that every Federal agency is Mr. Speaker, I ask unanimous consent going through, every private agency, what my colleague from Colorado said, that all Members may have 5 legisla- anyone who relies on technology for we move authority and responsibility tive days within which to revise and computer and data storage. But with either back into the free market sys- extend their remarks on the subject of respect to the Department of Edu- tem or we move it back to local and our special order tonight. cation, they have placed the interests State government, the levels of govern- The SPEAKER pro tempore (Mr. of the American people at a financial ment that are available to the people. SNOWBARGER). Is there objection to the level and an accounting level and at an We do this on a monthly basis. request of the gentleman from Colo- administrative level and at a regu- Other tales of two visions. A vision of rado? latory level so completely into the bureaucracy. Remember the $600 toilet There was no objection. hands of technological attempts at the seats? Now they are $75 screws. A vi- Mr. BOB SCHAFFER of Colorado. Department of Education at which sion of bureaucracy. Billions missing Mr. Speaker, I thank the gentleman for they are incapable of properly and ef- Federal audit, another expensive Fed- yielding to me. fectively managing. eral building project. You are precisely right. We got a dis- These individuals, citizens, taxpayers Contrast that with the vision of op- tinct impression in the Education Com- and anybody who proposes at some portunity. A parent goes the extra mile mittee today that the United States point in time to achieve a higher edu- to help children read. Volunteers help Department of Education is woefully cation or to participate in any way the poor save on tax bills. Private unprepared for the technology prob- with the Department of Education group offers educational opportunities lems that they will be confronting with really is at great risk and great jeop- for low income kids. Program provides the Y2K or the year 2000 computer ardy as a result of what I consider to alternatives to gangs. problem that is likely to exist in the be a lax level of commitment and ap- What we do is we highlight those year 2000. proach to managing the technology of each and every month, the difference We went through a program-by-pro- education today. between the bureaucratic vision, which gram analysis of where the Department The real answer is not to look to is, when they ask this question, they of Education thinks it is today. As you Washington any longer or any further say, can this bureaucracy substitute properly pointed out and mentioned, for additional leadership and guidance for a loving home? The bureaucratic vi- the U.S. Department of Education is in the management of colleges and uni- sion says yes. We say no. part education agency, part legislative versities or local school districts, for Does spending money in this building bureaucracy that implements various that matter, or any education institu- and a building in Washington equal regulations and legislation, and it is tion. We are finding, through the exam- positive results for America? Bureau- part financial institution. In fact, the ple that was exposed today in your crats and the bureaucratic vision says amount of finances that that agency committee, that the real academic and us spending money in Washington is a controls with respect to college loans, educational salvation for the country positive thing. The opportunity vision not just the direct student loan pro- is in a decentralized approach to says, spending at the local level gram or the program where the govern- schooling, public schooling and private through parents and the free market ment is the banker that loans directly schooling, and moving authority back works better. to students around the country, but to the States, back to local commu- The bureaucratic vision says, can a the private student loan programs that nities, back to the homes and back to one-size-fits-all program run out of this are also managed under the depart- the neighborhoods where education, building solve every problem? The bu- ment, both of those programs and sev- once again, is held in the hands of reaucratic vision says yes. It says that eral others are placing the future of those who truly care most about the we can develop a program that works education opportunity for millions and children that are relying on the avail- in my district in West Michigan and we millions of Americans at great risk as ability of a strong and viable education expect to it work in Colorado. And as a result of their failure to properly and system. Those people, of course, who much as I liked Colorado when I went effectively apply modern technology care the most are, of course, parents, out to visit your district and we had a today and be able to take us into the not bureaucrats. That is the message I great hearing out there, the needs and next century. think we need to convey not only to- the opportunities in your district are I asked the specific question, what if night, but that is the message I think very different than mine. you are not ready to go in the year we conveyed in committee and consist- I just wanted to let my colleagues 2000. First of all, what makes us think ently try to convey. know that if they are interested, we that we are today? They were unable to It really is at the basis of most of the have this tale of two visions as well as answer that question with any cer- Republican reforms and proposals that journal of ideas, talking about how tainty that they will be prepared for we have put forward here in this Con- from an opportunity vision standpoint the Y2K computer problem. I asked gress to try to restore the greatness of we can change the arts, we can change specifically, what would happen if the American education system. education, we can change regulatory there is a 3-month delay, there are bar- Mr. HOEKSTRA. Reclaiming my and tax reform and campaign finance riers to the communication and the time, Mr. Speaker, just to set this in a reform, there are alternative visions to September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8027 the bureaucratic vision in America. gentleman get back to that, but I want would be going next if they got this And the journal of ideas and the tale of to set the context for this, because whole agenda. two visions, these are all available on some of the things the gentleman is Mr. BOB SCHAFFER of Colorado. my web page. For my colleagues, if going to talk about have not come out Once again I want to encourage all they are interested, they can just go to in concrete proposals that have come Members and any other observer to WWW.HOUSE.GOV/HOEKSTRA/WEL- from the White House. look for this letter that I am about to COME.HTML, and they can have access What I want to do is lay out for the go through. I just want to mention a to a tale of two visions and they can gentleman a litany of what the admin- couple of paragraphs. The gentleman have access to the journal of ideas and istration has proposed. And this goes will get the idea without my having to other information that really contrasts to what the gentleman has in his actually read quite a lot of this. But a bureaucratic vision of America, hands, but goes a little further. this will be submitted in the CONGRES- which I think is the myth, and the real Washington has been involved in SIONAL RECORD. I will seek the approval strength of America, which is the pri- training teachers, we have been in- of the body to allow that to occur and vate sector. volved in providing breakfast, we have people will be able to see that in the Mr. BOB SCHAFFER of Colorado. been involved in teaching our kids CONGRESSIONAL RECORD in the days fol- Mr. Speaker, if the gentleman will con- about sex, we have been involved in lowing. tinue to yield, if anyone doubts the sin- teaching our kids about the arts, pro- This really is a blueprint. It is a let- cerity of the current administration viding lunch, teaching them about ter, again, from Mark Tucker to Hil- and the bureaucrats over in the White drugs, teaching them about violence, lary Clinton dated November 11, 1992, House and the Department of Edu- providing after-school snacks, and pro- just shortly after, very, very shortly cation to construct a bureaucratic viding after-school activities. after the President took over. It was model of centralized control and au- These are all things that the Federal evident that the President became the thority with respect to public edu- Government has gotten involved in in victor on election night in 1992. cation in America, I would suggest education. But let me just point out And it starts out, ‘‘Dear Hillary, I that they peruse this letter that I am the specific types of programs that this still cannot believe you won, but utter about to reference and will submit. administration has already proposed delight that you did pervades all the Mr. HOEKSTRA. Reclaiming my and the types of things that they want circles in which I move. I met last time, Mr. Speaker, this letter that you to move from the local level and the Wednesday in David Rockefeller’s of- showed me tonight as we were prepar- State level. They say, no, it is the re- fice with him,’’ and others, and it goes ing is unbelievable. It clearly points sponsibility of a building in Washing- through the names here. It talks about out the difference between a bureau- ton and a bureaucrat in Washington; the subject that they were discussing cratic vision of America, where control that they can make these decisions at this little roundtable was, ‘‘. . . is moved to Washington, where we be- better than what can be done at a local what you and Bill should do now about lieve that this little bureaucrat in this level. education, training and labor market building here in Washington does all What have they proposed? They have policy.’’ kinds of good things, and the more proposed building our schools, they I will stop there to point out that power we can move to this bureaucrat have proposed hiring teachers, they this is not just a blueprint that affects and to this building in Washington, the have proposed developing curriculum, only K through 12 education. It in- better off we will be. they have proposed installing tech- volves education, training and labor Mr. BOB SCHAFFER of Colorado. We nology, they have proposed developing market policy. Really, a consolidation can trace the origin of this particular Federal tests and Federal standards for of a broad approach utilizing the U.S. mentality directly to November 11, our kids. Department of Education, the Depart- 1992. What is remarkable about that Remember the debate and the fight ment of Labor, and also, potentially, date is that November 11, 1992 was, of that we had last year so that we would the Small Business Administration and course, the day after the 1992 presi- not have national testing? They want others. dential election, the day when Presi- to test our children. They want to I want to jump right to a paragraph dent Clinton became the nominee for make midnight basketball available. that just alarmed me when I first read or became the President-elect of the All from Washington. it. It is about the levy grant system, as United States of America. What I hold here in my hands is a It does not mean these things are not it is called. ‘‘We propose that Bill,’’ copy of a letter from a gentleman important. They are all very impor- meaning the President, ‘‘take a leaf named Mark S. Tucker, who is the tant. But the myth of the magical bu- out of the German book’’, it says. ‘‘One President of the National Center on reaucrat says we think those decisions of the most important reasons that Education and the Economy. As I say, should be made by a bureaucrat in large German employers offer appren- I will, under the unanimous consent re- Washington rather than at the State ticeship slots to German youngsters is quest that I had asked for and was and, most importantly, at the local that they fear, with good reason, that granted just a few minutes ago, I will level. if they don’t volunteer to do so, the submit this in its entirety for the The bottom line is, what do they law will require it.’’ record tomorrow or request that it be want to do? Here is the litany when we He says here, now listen to this, and submitted. put it all together: listen to this very carefully, ‘‘Bill They want to build our schools, hire should gather a group of leading execu- b 2215 our teachers, train our teachers, de- tives and business organization leaders But I want to tell my colleague that velop the curriculum, install tech- and tell them straight out that he will this letter was written not to the nology, develop Federal tests and hold back on submitting legislation to President but to the President’s standards, test our children, provide require a training levy provided that spouse, Hillary Clinton, at the Gov- breakfast, teach them about sex teach they commit themselves to a drive to ernor’s mansion in Little Rock, Arkan- them about the arts, provide them get employers to get their average ex- sas. And it is a blueprint, effectively, lunch, teach them about drugs, teach penditures on front-line employee for a consolidation of education au- them about violence, provide an after- training up to 2 percent of front-line thority right here in Washington, D.C. school snack, provide after-school ac- employee salaries and wages within 2 Not just kindergarten through 12th tivities, and make midnight basketball years.’’ grade education throughout the coun- available. Let me restate that in different try, but higher education, and even be- Other than that, it is the local words and tell my colleagues what this yond to work force training. school. These are Washington respon- says specifically. It talks previously in Let me tell my colleague just a cou- sibilities, but other than that they the letter about a new tax called a levy ple of provisions in here that I will go really believe in local education. on employers for training. ahead and read right now. I yield back and the gentleman can Mr. HOEKSTRA. Reclaiming my Mr. HOEKSTRA. Reclaiming my talk about the other things that they time for just a second. It is interesting time for a minute, and I will let the have had on their mind and where they that, once again, they will not use the H8028 CONGRESSIONAL RECORD — HOUSE September 17, 1998 word of what it really is. They come up scribes the mentality of the White grams that the gentleman has outlined with another word. House the day after the 1992 presi- that have been implemented by the Mr. BOB SCHAFFER of Colorado. It dential election. And it shows how this current administration. The school to is a tax. country made a dramatic departure Work Program would be one, Goals 2000 Mr. HOEKSTRA. It is a tax, and they away from the tradition that the gen- would be another. It just goes on and call it a levy. tleman and I would like to get back to: on and on, right on down to midnight Mr. BOB SCHAFFER of Colorado. A That tradition that suggests local con- basketball, which is consistent with training levy, which would be 2 percent trol, local authority, treating teachers the blueprint outlined in this letter of the front-line employee salaries and like professionals and administrators from a group called the National Cen- wages within 2 years, is what they said. at the local level like professional ad- ter on Education and the Economy. Now, here it says, ‘‘If they have not ministrators. These are friends of the Clintons. done so within that time, then he will This blueprint departs from that And I am sure they were pretty excited expect,’’ he being the President, ‘‘ex- model and, instead, moves the country and thrilled when there was a change- pect their support when he submits leg- toward a government-managed, govern- over in the White House, because it fi- islation requiring the training levy.’’ ment-owned centralized education sys- nally meant that a liberal perspective So envision the conversation. The tem from kindergarten past college, on centralizing and managing edu- President sits down with a group of actually, into the job training stage. cation around the country was finally business executives, leading business And it really is the conflict in visions possible. And that is the direction that executives and organization leaders, that defines the differences between they have moved this country. and says, ‘‘You know, fellas, I have had Republicans and Democrats typically. Mr. HOEKSTRA. Reclaiming my in the back of my mind the idea of im- This is an accurate description of time, I think the clearest example of posing a 2 percent training levy on all precisely what is at stake and what that is the debate that we had last employers across the country. But I was at stake not only in the 1992 elec- year, and the fight on the floor of this will hold back on that if you will vol- tion but in the 1996 election, and the House and the fight that we had with untarily increase your investment in election coming up within 7 weeks, the the administration about testing our front-line employee training, at a level 1998 election. This huge difference of children, recognizing that if we develop that would approximate 2 percent of opinion about whether education au- national tests we open the door to Fed- salaries and wages, and if you get to thority ought to be consolidated, as eral tests and Federal standards. And if that point within 2 years.’’ the President would believe, in Wash- all of our kids are to be tested on a na- Now, this, in any other circle, is ington, D.C., or our vision, as a Repub- tional basis, it really moves into devel- called blackmail. Or bribery, perhaps. lican majority, that says we should oping curriculum, which means we It goes on here. It says, and I will pick trust parents, we should trust teachers, want to train our teachers. up with a quote here, ‘‘If they have not we should trust local administrators, And so we saw the first steps of that. And I think we have been effective in done so within that time, then he will local school districts, local school stopping that and moving towards our expect their support when he submits boards and, above all, State legislators vision, which says let us not consoli- this legislation requiring the training in all 50 States. levy.’’ So he is going to get their sup- That is the difference and that is the date more power here in Washington, port one way or another, according to distinction. And I believe that our an- in these buildings here with these bu- the plan. ‘‘He could do the same thing swer offers greater hope and greater reaucrats, who are very knowledgeable with respect to slots for structured on- promise for the children of the future. and very talented people, but they do not know Colorado and they do not the-job training.’’ Greater hope and greater promise in al- know the State of Michigan. It goes on a little further and talks lowing for a whole menu of education Let us go back, and we will go next about college loan and public alternatives, education approaches, through a little bit of what we did with service programs. Listen to this. This education philosophies throughout the Education at a Crossroads, but before is an effort described here to try to get country based on local values, based on that, and I know some will say, oh, students across the country to become local priorities, based on the local there they go again, they want to get part of a federally-managed needs of children to match local job rid of the Department of Education. credentialing program for general edu- markets, whether it is agriculture, or That is not the debate. The debate is cation. And those students who get maybe it is an urban setting in a large how do we take a Department of Edu- credentialed under the general edu- city over on the East Coast. cation and make it more effective; and, cation credential, the Federal stand- But to take into account these dif- also, what is working in America in ard, this Federal credential, will be en- ferent settings and objectives and val- education today. titled to a free year of higher edu- ues and priorities and local commu- I have some quotes here about what cation. And that would be accom- nities, that is the real answer, in my people said about the Department of plished through a combination of Fed- mind, to education success that will re- Education when it was created in 1979, eral and State funds, and that will store America’s greatness as the pre- and we can benchmark what people ex- have a decided impact on the calcula- eminent country throughout the world pected in 1979 when they voted for a tions of costs for college loan public for educating youngsters and turning Department of Education and what we service programs. them into future leaders, not only in now have almost 20 years later. Twenty So what we really have here is a the political realm but in the religious years later do we have what we blueprint for a German model of edu- realm and also in the area of business thought we were going to get? cation that would be forced upon the and commerce. This is a benchmark; this is what we people of America, and employers in Mr. HOEKSTRA. Reclaiming my need to measure against. Mr. Brooks this case, either through force, or the time, the gentleman has opened him- said, September 27, 1979, ‘‘It creates a threat of force, and done so in a way to self up to perhaps some criticism; to cabinet level Department of Education redistribute the public wealth, the someone saying, look, we have never to provide more efficient administra- strength of the Federal budget, to seen those proposals. What is outlined tion of the wide variety of education those students who voluntarily submit in that memo has never come to the program now scattered throughout the themselves to the new Federal House. That is not what was going on Federal Government.’’ credentialing standard for K through 12 at the other end of Pennsylvania Ave- I yield to the gentleman from Colo- education. nue. But then we take a look and say, rado if he can tell me how many Fed- Now, again, I point this out, and I no, the gentleman is right. The gen- eral agencies today administer edu- will submit it for the CONGRESSIONAL tleman has clearly outlined the vision, cation programs? Have we seen consoli- RECORD, but the reason I used this ex- because steps moving us in that direc- dation? ample, and there are plenty more hor- tion have come from the other end of Mr. BOB SCHAFFER of Colorado. We rendous examples in the letter that I Pennsylvania Avenue. have seen a huge growth and an explo- will spare the body for the moment, is Mr. BOB SCHAFFER of Colorado. We sion in Federal agencies that have that this really is a document that de- can track this blueprint and the pro- their hands in our local schools. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8029 Mr. HOEKSTRA. Reclaiming my Mr. BOB SCHAFFER of Colorado. get some programs so I now notify you time. Maybe you remember the num- Sure. that you have won the award, you get bers. It is 39 different agencies with Mr. HOEKSTRA. I collect the taxes the money and you are getting a check. over 760 programs. In 1979 they recog- so the taxpayer who is over there has What do you do next? nized that they had a problem. We have sent the dollars to Washington and I Mr. BOB SCHAFFER of Colorado. too many programs and we have too now work with the Congress or I am in- Well, in order to continue receiving many agencies dealing with education. structed by the Congress and I have these funds, I have to behave in a way, We need to consolidate it in a Depart- created these 760 programs. So I need as a school district, that satisfies the ment of Education so that we really to communicate this to the local red tape and rules that come with get a focus on education. school district and say, all right, I have those dollars from the Federal Govern- I have another quote here. Secretary 760 programs. I need to communicate ment. I have to answer to bureaucrats Rubin testified before the Committee to you and tell you what they are. maybe in the region that my State on the Budget on March 11, 1997. At What do you need to do at that point? would be in, or I have to answer di- that hearing, I asked him who the Mr. BOB SCHAFFER of Colorado. At rectly to people in Washington, D.C. to point person is for education strategy a local level, how do I receive the 760 prove to them that I am using those in the administration. programs? dollars efficiently and effectively, Mr. Rubin replied, ‘‘I would say the Mr. HOEKSTRA. You then need to go meeting the expectations of somebody President, who is enormously knowl- through a process, and do what, and in the far off city of Washington, D.C. edgeable.’’ find which programs that you might and achieving all of the objectives that So the President is the point person qualify and then what does the gen- these bureaucrats want to see. on education. He must be the point per- tleman have to do? If I get the idea that I might not be son on defense, foreign policy, welfare Mr. BOB SCHAFFER of Colorado. achieving those objectives, I might ask reform. The benchmark was consolida- First of all, on behalf of my constitu- to the bureaucrat in Washington, well, tion and streamlining in 1979 and effi- ents at the local level, I would want to what is it exactly that you want to see ciency. know as fully and completely as pos- on the report? In reality, we have continued to cre- sible what kinds of programs my school Mr. HOEKSTRA. That is correct. ate more programs. We have continued district is eligible for. So I would do a Mr. BOB SCHAFFER of Colorado. I to create and allow more agencies to survey of all of those 760 programs and will then go to work manipulating the deal with education and we have never determine which ones I ought to be ap- numbers and the statistics and the consolidated the strategy at the De- plying for to receive funding so I can variables and the reports from my partment of Education level. school district to make it appear as The creation of this new department bring the greatest value back home to though I am meeting the objectives of will reduce the size of the bureaucracy. the constituents that I represent. First of all, it takes a huge effort the Federal Government perfectly and In reality, the Washington bureaucracy just to have somebody in my organiza- here, the Education Department is one as fully as I possibly can, doing all of of the smaller bureaucracies. It has tion at the local level begin to look at these accounting gymnastics and somewhere in the neighborhood of 4,000 all of those programs and hold them up stretching the actual definitions of the to 5,000 employees, which I think is to the particular characteristics of my law, simply to make sure that we con- still a pretty good size bureaucracy. It school district. tinue to receive this wonderful cash has three times that many people who The next thing I need to do is then from Washington, D.C. are on State payrolls enforcing Federal begin to apply for them and apply for Mr. HOEKSTRA. Reclaiming my regulations. So we did not streamline them usually on an annual basis. That time, what the gentleman has said is the bureaucracies. means having more staff and more in- you have received the dollars and you Mr. Bayh said, ‘‘The individual ap- dividuals who sit down and fill out the implement the program and I know pointed to the position of Secretary of forms, send them back, perhaps have that you are not going to spend the Education will coordinate all edu- them rejected, make the fine-tuning money the way that I told you to. cational activities for the Federal Gov- details that need to be done so I can re- So you have to send me a bunch of ernment.’’ apply and maybe receive the funds, and reports saying, I did what you told me Mr. Rubin has already said that has then if I am successful at receiving the to do. not happened. funds. Mr. BOB SCHAFFER of Colorado. Mr. Levin said, ‘‘I believe that the Mr. HOEKSTRA. Reclaiming my That is right. creation of the department can have a time, the gentleman has now applied to Mr. HOEKSTRA. Here is the evi- streamlining effect on the multitude of Washington, to me. dence. Here are the reports. Federal education programs currently Mr. BOB SCHAFFER of Colorado. Mr. BOB SCHAFFER of Colorado. spread out through various depart- That is right. Endless accountability. The reason is ments within the Federal Govern- Mr. HOEKSTRA. The gentleman has because there is going to be politicians ment.’’ It has not happened. presented a proposal. So your people back here in Washington, D.C. who are Mr. BOB SCHAFFER of Colorado. If I have done the screening, they have had demanding of these bureaucrats, you could interject for a moment, the ex- the dialogue with the department in said the money was going to be spent tent of the bureaucracy in the U.S. De- the different agencies and we tell you to accomplish X, Y and Z goals. Now partment of Education and the cor- you might qualify. So you send your what proof do you have that you met responding inefficiency, red tape and application to Washington, and I am them? regulation that goes along with that looking at it and saying, I have got The bureaucrat will say, well, I have cannot be measured exclusively on the about $30 billion but you are not the all of these reports, because we require number of Federal employees that are only one that has applied. I have all of them from all of these districts all on the Federal payroll and assigned to the rest of the country that has now across the country, and you have re- the U.S. Department of Education, be- applied for this. ports and reports and reports that cause with the rules and regulations So I now need to hire people to go should assure you, Mr. Congressman, and reporting requirements created by through the screening process, because that the money is being spent well and those roughly 4,000 to 5,000 employees I have gotten more requests for dollars you can go home and sleep well at comes implementation requirements than what I have funds for. So I now night and maybe you will even get re- that get passed on to the State level need to go through and say, you qual- elected. and to the local level. ify, you qualify, you qualify, you do Mr. HOEKSTRA. I go through all of Mr. HOEKSTRA. Let us do a little not, you do not; I am sorry. So the peo- these reports in Washington, all the re- process here. Let me represent the bu- ple that do not qualify have put in all ports that go into this building, and reaucrat and the bureaucracy in Wash- of this work, they have done all the people read them, they do not really ington and the gentleman will rep- surveying, they have put in the work know where your district is in Colo- resent the school district. Let us go and writing the grant application and rado, they do not know why my dis- through this process of what happens. they do not get any money. You now trict is in Michigan, but they read my H8030 CONGRESSIONAL RECORD — HOUSE September 17, 1998 reports, is that the end of the saga? I We have also identified that when we crats, putting the needs and interests do not think so, because I kind of be- go through this process of taking that of children and educating them for the lieve that maybe some of the people tax dollar and then you and I going future ahead of the comfort of bureau- that have gotten some of this $30 bil- through this exchange of, I got the crats who are interested in usually lion have not quite spent it the way money, you get it, you send it to me, I only one thing, and that is preserving that I wanted them to. So I have an- verify, you send in reports, I audit, the status quo and preserving the posi- other department here in Washington. that when you go through that whole tions of authority that they have se- They are called auditors. process, we lose about 30 to 40 cents of cured for themselves here in Washing- So I send them around the country every educational dollar that came ton, D.C. and in other government cen- and send them to you and say, I know from that taxpayer, we lose 30 to 40 ters throughout the country. cents in the work that you do in your you sent me the report but prove it. I b 2245 want to see your paperwork that says local school district, and the work that that you spent the money exactly the bureaucrats need to do here in Wash- Mr. HOEKSTRA. What this really way that I told you to. So I send the ington. So we lose 30 to 40 percent of does and what we are going to try to do auditor to you and you go through an- the money. tomorrow is we are going to try to im- other process. The other thing that we have found, plement the vision for the Education Mr. BOB SCHAFFER of Colorado. one of the key findings and that we are Department that a lot of these people Mr. Speaker, will the gentleman yield? going to be working on tomorrow, on in 1979 said the Education Department Mr. HOEKSTRA. I yield to the gen- dollars to the classroom, is that the le- should be; that we should streamline tleman from Colorado. verage point for education spending, as the bureaucracy, we should get dollars Mr. BOB SCHAFFER of Colorado. much as I would like to say this bu- into the classroom, and we should con- Not only will I go through that process, reaucrat and this bureaucracy are add- solidate Federal education programs. I will go pick the auditors up at the ing a lot of value to the education of So the vision was right in 1979. The airport, I will go pick them up at the our kids, what did we find? We found implementation was terrible. So the airport and drive them to my school that the leverage point for educational Education Department in and of itself and the doors will be open for them. I spending is getting the resources to a was not a bad thing because it was ad- will offer them maybe a cup of coffee teacher, to a principal, to a classroom. dressing, it was supposed to address the and give them a room all to themselves When we are losing 35 to 40 cents of right kinds of problems; but what you so they can sit down and go through every dollar, we are hurting our kids. and I have found as we have gone my carefully prepared reports and doc- We are not helping them learn. around the country is that rather than uments and let them see just how fully Tomorrow we are setting up the ob- implementing a Department of Edu- compliant we are. They can have free jective that for 31 programs, that is cation that empowered parents, em- reign in the school. They can open up roughly $3 billion of spending, instead powered the local level, streamlined all the school rooms they want. They of getting 65 to 70 cents of every dollar the process and got dollars to the local can sit in. They can interview the kids, to the classroom, we want to get 90 to level, this bureaucracy took on a life of parents, the principal. They can do an 95 cents of every Federal education dol- its own and created more programs and audit of the school. lar into the classroom out of those 31 more rules and more regulations. We will also, in order to continue re- programs, which I believe will give One of the things that we found was ceiving this Federal cash, we will stop every classroom something like, what, that the first time that you sent me, everything else we were doing that we $400 and $425 more. the first time that you sent an applica- thought was important until today, That is leverage. That is not spend- tion to this bureaucracy to process a like teaching children and supervising ing more on education. That is not ask- grant request, it had to go through 487 the children. We will make sure that ing the taxpayer to send us more different steps that took 26 weeks to the secretaries and the accountants money. That is just saying, with the complete. Think of how many people and the bookkeepers stop what they money that you are sending us, we are that request touched, how long it was are doing and help you make sure that going to spend a little less time talking in every in-box and then in every out- we are fully complying with this little to each other, or, you know the school box, and how many different offices it grant that we have. administrators in Washington are would go through in this building be- Mr. HOEKSTRA. Just a couple of going to spend a little less time talking fore you ever found out back at a local points, because as we have gone to each other, a lot fewer rules and reg- level whether you were going to get a through education with the Crossroads ulations, a lot less paperwork and we dollar or not. Project, our subcommittee, we have are going to open it up because we are Mr. BOB SCHAFFER of Colorado. gone to 15 States, we have had 22 dif- going to say, if these four programs are The bigger travesty is to consider all of ferent hearings and we have heard this the most important to you for what the children who are robbed of an edu- over and over and over from I think your kids need, spend the money on cation opportunity, who are robbed of over 220 witnesses in 15 states and the those four programs. Do not worry precious resources that could have message is consistent, because they about the other 27, because the 4 pro- gone toward furthering their academic outlined this process for us; they said grams that you maybe need to do in progress by a bureaucracy that cares this is exactly what we go through. Colorado are very different than prob- more about its paperwork and red tape Mr. BOB SCHAFFER of Colorado. ably what he saw in the Bronx and and strings than the future of children Absolutely. what the kids in the Bronx need, and it throughout the country. Mr. HOEKSTRA. It is not just in Col- is very different from what we saw in That is what we are trying to turn orado, it is not in Michigan, it is in Louisville, Kentucky or what we saw in around, put the interests of children New York, it is in Cleveland, it is in West Michigan, because the needs are ahead of bureaucrats. But you know, I Milwaukee, it is in Georgia, it is in different. We need to empower the would like to try to anticipate tomor- L.A., it is in San Jose. We have been local administrators and the parents row’s debate a little bit because this there. We have been in Iowa. You know and the teachers to spend that money. seems so simple. This seems like for we have been around the country and We need to get more money in their those who are considering the whole the story is always the same. The mes- hands and we really believe that as path of a dollar that is earned by a sage comes back and says, it is bureau- much as we like these bureaucrats in local wage earner in some far-off com- cratic. Washington, they cannot substitute for munity, and confiscated by the Inter- You notice that almost this whole a loving home; they cannot substitute nal Revenue Service, sent to Washing- dialogue was between the school ad- for a parent and they cannot substitute ton, D.C., divvied up by politicians, ministrator and Washington. The dia- for a teacher or a principal at a local spent by bureaucrats under the rules logue that is most important which is level who knows what their kids need. that they have written for themselves, between the school administrator and Mr. BOB SCHAFFER of Colorado. and finally in the end sometimes less the parent, who is paying for the taxes, This is all about putting children first, than 60 percent of it actually ends up gets lost in the process. putting children ahead of the bureau- helping anyone. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8031 This seems like a problem that we But you know it is going to be a very racy out of my way and sit back and could all agree on, a problem that we spirited debate, and we will be accused watch us improve dramatically the could agree needs to be resolved, it of hurting kids. We are accused of that way we educate children in America. needs to be fixed and fixed quickly. It with the food lunch program when we Mr. HOEKSTRA. Reclaiming my seems to be a solution that we are pro- said we want to streamline it. You are time, I believe the other thing that we posing tomorrow in the Dollars to the going to hurt kids. And it is kind of learned and why you and I are so con- Classrooms bill that is very, very sim- like, no. There are going to be people fident of this alternative vision, a vi- ple, very, very commonsense-oriented, who are not going to benefit from this, sion that returns power back to the yet we are going to have a fight on our but they are in these buildings, and the local level that focuses on parents, hands. bureaucrats I met are talented and that focuses basically on academics, Putting children first, as the Repub- they are good people, but they are lo- that focuses on getting dollars back licans will propose tomorrow, is not an cated at the wrong place to be making into the classroom is the wonderful easy thing to do in this Chamber be- these kinds of decisions. It is going to success stories that we saw wherever cause there are many other forces that be the people in these buildings, and it we went whether we were in L.A. and come to play. is going to be these bureaucrats, and it we saw Yvonne Chan in her charter And let me just suggest where I be- is going to be those people that believe school, whether we were in San Jose lieve some of this opposition will come in the vision that was highlighted in and saw the technology school, wheth- from. You see, all of these bureaucrats, that memo that said Washington bu- er we were at the school that we saw in they like their jobs, they want to keep reaucrats and Washington politicians Colorado or the one in Nillageville, them, and so they form associations, know more about educating our chil- there are tremendous success stories they form interest groups to preserve dren in Colorado and Michigan than and there are tremendous people in- and protect their little empire. And what parents and teachers and school volved in education at the local level then you have all kinds of administra- administrators do at the local level. who are doing phenomenal things with tors at the State and local level who That is the debate. our kids each and every day, and what actually enjoy the details of working Mr. BOB SCHAFFER of Colorado. Be- they are asking for is they are asking through the red tape. It empowers fore our colleagues walk on this floor for a little bit more freedom from some of these folks, and so they form tomorrow and engage in this debate, I Washington so that they can do what groups and associations, and they hire would urge them to do a couple things they know they want to do for their lobbyists, and they collect dues, and that they still have doubts about the kids versus what Washington is telling they get involved in political cam- importance and significance of this bill them they have to do, and they are paigns and contribute to campaign cof- tomorrow, the Dollars to the Class- saying: fers, usually on the other side of the room bill. I would urge them to make I will do what you tell me to do, but, aisle, and they remind people of that a phone call back home in the morning boy, if I had the freedom, there are when it comes to these fights on the before they come to the floor. Call your some other things that I really would like to do in my school, and when you floor. local school principal at the local ele- And so you will have all of these take a look at the success stories and mentary school or junior high school. groups and associations who want to what the commitment of the teachers Then ask the question: Do you think keep the system confusing. They want and the administrators and the parents you can spend the money on a program to keep the bureaucracy receiving, in a at the local level, it is: let them go, designed to help the children you are position where it receives 40 to 50 per- give them the freedom, they are ac- responsible for better or worse than a cent of the off-the-top value of every countable. Teachers and administra- Federal bureaucrat here in Washing- dollar that is spent on education. They tors at the local level, they are not ac- ton, D.C.? like the system as it is. countable to bureaucrats in Washing- Call your child’s teacher tomorrow. And we are going to have a real fight ton, they do not even know their name. Call the teacher and ask them: If you on our hands. It is hard to believe with They are accountable to the parents, had more money in your classroom, do the millions and millions of children and the kids and the school. Let us you think you could make the deci- around the United States of America, make that accountability, the one that sions that would result in a better edu- whose education future is at stake with we are really focusing on, and that is cation for the children in your charge tomorrow’s debate, it is hard to believe what this will start in enabling us to than somebody in Washington, D.C. de- that those millions of children will do. take a back seat to the arguments that signing the rules and regulations and Mr. BOB SCHAFFER of Colorado. we will hear from some on the other all the accountability measures with You know freedom is the operative side of the aisle, the Democrat side of those dollars? Who can make the better word here, and you hit the nail right on the aisle, tomorrow, who will suggest decision? the head, the freedom to teach and the that spending more dollars at the I will guarantee you that every Mem- liberty to learn. classroom level is somehow harmful to ber of Congress placing those kinds of Let me tell you what freedom means the country and for the education proc- phone calls, asking those very simple with respect to the Dollars to the ess. questions, will hear the exact same re- Classroom bill. It means that without Confirm for me, if you will, do you sponse that you and I heard as we trav- appropriating a single additional dollar expect this kind of fight tomorrow? eled around the country with the Edu- out of the education budget we will Mr. HOEKSTRA. Reclaiming my cation at a Crossroads project when we free up $2.7 billion that can then be time, absolutely. It will be a spirited asked that question. When we asked spent on classrooms. debate, and there are, you know there that question of teachers and of super- Let me state that again. It does not will be spirited communications from intendents and of school board mem- mean that we are going to spend more these interest groups because what we bers and of principals, those education money in Washington, D.C., in the edu- are going to try to do tomorrow is take professionals told us almost to the last cation budget, but it does mean that 31 programs and put them into a single one of them, cut the red tape, get the through efficiency mechanisms that educational opportunity grant to local Federal Government out of my hair, you will find in the Dollars to the school districts. Well, for each one of give me the resources to do the job Classroom bill $2.7 billion will be freed these 31 programs right now, there is a that I am trained to do and that I know up to help children instead of being constituency where people have applied to do, and get these people out of my wasted on bureaucrats. That is what we for and, you know, where this 35 to 40 way, Washington, D.C. They do not un- are going to vote on tomorrow, $2.7 bil- cents of every education dollar just derstand my neighborhood, they do not lion that will be liberated, freed from does not vanish into thin air. There are understand the children I am respon- this bureaucratic nightmare in Wash- people who are taking that money and sible for, they do not understand the ington and released upon the States in who are benefiting from it, and they issues that we have to deal with at our a way that those teachers, those ad- are not going to want to give that up school, and they do not know how to ministrators, those principals at the for the sake of efficiency and stream- spend the money in a way that is actu- local level can utilize to do what they lining. ally going to work. Get this bureauc- do best, and that is to help children. H8032 CONGRESSIONAL RECORD — HOUSE September 17, 1998 Mr. HOEKSTRA. I thank the gen- the children of America and allow (The following Members (at the re- tleman, and I think it is about time to them an opportunity to thrive aca- quest of Mr. BERRY) and to include ex- wrap up this debate, although we have demically and professionally eventu- traneous material:) not had much of a debate. But we ally. Mr. KIND. ought to also remember and say, you Mr. HOEKSTRA. Reclaiming my Mr. NEAL of Massachusetts. know, why did we do this discussion to- time, we will be able to start moving Mr. VENTO. night? towards the vision that many of their Ms. JACKSON-LEE of Texas. We did this discussion tonight, num- colleagues in 1979 had for the Depart- Ms. DELAURO. ber one, to prepare our colleagues for ment of Education. It is a vision Mr. Mr. HAMILTON. the debate that we are going to have Dodd had, it is a vision that Mr. Bayh Mr. HOYER. tomorrow and also because we know it had, it is the vision that Mr. Levin had. Ms. RIVERS. is going to be a vigorous debate be- This is an opportunity to focus on Mr. NADLER. cause talking to the chairman of the kids, not on bureaucracy and to get Ms. ROYBAL-ALLARD. full committee, Mr. GOODLING, and ask- dollars to our children and to their Mr. KUCINICH. ing him, you know, do we have time to classroom. Ms. EDDIE BERNICE JOHNSON of Texas. talk about all of the points that we I thank the gentleman from Colorado Mr. MILLER of California. want to talk about on Dollars to the for not only participating in this spe- Mr. ANDREWS. Classroom tomorrow, and he said, boy. cial order this evening but for the help Mr. RAHALL. He said I already got 30 to 40 people that you have been in the last 18 Mr. SERRANO. who are asking to speak on this bill to- months as we have gone around the Mr. BARCIA. morrow, and you know there may not country and as we have studied this Mr. MENENDEZ. be enough time to get all of the points issue, as we have had the 22 or 23 dif- (The following Members (at the re- in, and so we have had an opportunity, ferent hearings, and being there to go quest of Mr. COBURN) and to include ex- I think tonight, to prepare our col- through a learning process with us to traneous material:) leagues for this debate and to lay the find out what is working and what is Mr. RADANOVICH. framework about the alternative vi- not working in education in America Mr. LEWIS of California. sions for education, the bureaucratic today. Mr. NEY. vision which says move accountability b 2258 Mr. GANSKE. Mr. CRANE. to Washington, move standards and It has been a tremendous process. Mr. DOOLITTLE. testing to Washington, you know move There has been tremendous learning, Mr. MCKEON. dollars to Washington, move almost ev- some great things and some frustra- Mr. CRAPO. erything to Washington. And that is tions, but we are making progress, and Mr. GILMAN. the debate. Or are we going to be in the I think we can move this education bu- Mr. ROGAN. debate on opportunity and freedom? reaucracy in the right direction to So we have had the opportunity to- Mr. PACKARD. really help kids. night to lay the groundwork for that I thank the gentleman for being here f debate, to get that information on to tonight. ADJOURNMENT the record and to prepare our col- f leagues for this debate which is going Mr. BOB SCHAFFER of Colorado. to be so critical tomorrow on a very LEAVE OF ABSENCE Mr. Speaker, I move that the House do important issue, a very important By unanimous consent, leave of ab- now adjourn. issue. sence was granted to: The motion was agreed to; accord- I will yield. Mr. UNDERWOOD (at the request of ingly (at 11 o’clock p.m.), under its pre- Mr. BOB SCHAFFER of Colorado. Mr. GEPHARDT) for today and the bal- vious order, the House adjourned until The interest groups that will be rep- ance of the week on account of official tomorrow, Friday, September 18, 1998, resented by some of our Democrat col- business. at 9 a.m. leagues on the other side of the aisle is f f the National Teachers Union, the ad- ministrators associations. Those are SPECIAL ORDERS GRANTED EXECUTIVE COMMUNICATIONS, the groups that will have real cham- By unanimous consent, permission to ETC. pions that they will find on the Demo- address the House, following the legis- Under clause 2 of rule XXIV, execu- crat side of the aisle fighting very lative program and any special orders tive communications were taken from strenuously to prevent us from turning heretofore entered, was granted to: the Speaker’s table and referred as fol- $2.7 billion back to the States and back (The following Members (at the re- lows: to the children. quest of Mr. BERRY) to revise and ex- 10988. A letter from the Director, Office of The children have no lobbyists, they tend their remarks and include extra- Regulatory Management and Information, have no children’s association, they do neous material:) Environmental Protection Agency, transmit- ting the Agency’s final rule — Propyzamide; not pay dues to an organization that Mr. LANTOS, for 5 minutes, today. Pesticide Tolerances for Emergency Exemp- Mr. BERRY, for 5 minutes, today. hires professional lobbyists to rep- tions [OPP-300699; FRL-6022-5] (RIN: 2070- Mr. FALEOMAVAEGA, for 5 minutes, resent them here on the House floor. AB78) received September 11, 1998, pursuant Those children are counting on you and today. to 5 U.S.C. 801(a)(1)(A); to the Committee on I and others like us who will come to Mr. MINGE, for 5 minutes, today. Agriculture. this floor tomorrow and will fight as (The following Members (at the re- 10989. A letter from the Director, Office of passionately as we possibly can to quest of Mr. COBURN) to revise and ex- Regulatory Management and Information, make sure that that $2.7 billion is pried tend their remarks and include extra- Environmental Protection Agency, transmit- from this quagmire of bureaucratic red neous material:) ting the Agency’s final rule — Myclobutanil; Mr. COBURN, for 5 minutes, on Sep- Pesticide Tolerances for Emergency Exemp- tape here in Washington and is redi- tember 18, tions [OPP-300705; FRL-6025-1] (RIN: 2070- rected to those children who are count- Mr. METCALF, for 5 minutes, today. AB78) received September 11, 1998, pursuant ing on us back home. That is what real Mr. REGULA, for 5 minutes, on Sep- to 5 U.S.C. 801(a)(1)(A); to the Committee on freedom to teach entails, that is what tember 18. Agriculture. real liberty to learn is all about, that Mr. FOX of Pennsylvania, for 5 min- 10990. A letter from the Director, Office of is what Dollars to the Classroom bill utes, today. Regulatory Management and Information, Environmental Protection Agency, transmit- is, what it represents, and that the real f opportunity, the real opportunity that ting the Agency’s final rule — Desmedipham; EXTENSION OF REMARKS Extension of Tolerances for Emergency Ex- we have tomorrow, to place out for the emption [OPP-300707; FRL-6026-4] (RIN: 2070- American people real hope, real edu- By unanimous consent, permission to AB78) received September 11, 1998, pursuant cation reform and a program that is revise and extend remarks was granted to 5 U.S.C. 801(a)(1)(A); to the Committee on really going to make a difference for to: Agriculture. September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8033 10991. A letter from the Director, Office of 11001. A letter from the Director, Office of 11010. A letter from the General Counsel, Regulatory Management and Information, Regulatory Management and Information, Department of Transportation, transmitting Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- the Department’s final rule — Hazardous Ma- ting the Agency’s final rule — Trichoderma ting the Agency’s final rule — Approval and terials: Withdrawal of Radiation Protection Harzianum Strain T-39; Exemption from the Promulgation of Air Quality Implementa- Program Requirement [Docket No. RSPA-97- Requirement of a Temporary Tolerance tion Plans; Commonwealth of Pennsylvania; 2850 (HM-169B)] (RIN: 2137-AD14) received [OPP-300698; FRL 6022-1] (RIN: 2070-AB78) re- Interim Final Determination that Pennsyl- September 10, 1998, pursuant to 5 U.S.C. ceived September 11, 1998, pursuant to 5 vania Continues to Correct the Deficiencies 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on Ag- of its Enhanced I/M SIP Revision [PA 122- tation and Infrastructure. riculture. 4078c; FRL-6160-8] received September 11, 11011. A letter from the General Counsel, 10992. A letter from the Director, Office of 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Transportation, transmitting Regulatory Management and Information, Committee on Commerce. the Department’s final rule — Airworthiness Environmental Protection Agency, transmit- 11002. A letter from the Director, Office of Directives; Superior Air Parts, Inc., Piston ting the Agency’s final rule — Bacillus Regulatory Management and Information, Pins Installed on Teledyne Continental Mo- Sphaericus; Exemption from the Require- Environmental Protection Agency, transmit- tors Reciprocating Engines [Docket No. 97- ment of a Tolerance [OPP-300701; FRL-6024-2] ting the Agency’s final rule — Approval and ANE-37-AD; Amendment 39-10745 AD 98-98-19- (RIN: 2070-AB78) received September 11, 1998, Promulgation of Air Quality Implementa- 02] (RIN: 2120-AA64) received September 15, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion Plans; Commonwealth of Pennsylvania; 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Agriculture. Enhanced Motor Vehicle Inspection and Committee on Transportation and Infra- 10993. A letter from the Director, Office of Maintenance Program [PA 122-4078a; FRL- structure. Regulatory Management and Information, 6160-6] received September 11, 1998, pursuant 11012. A letter from the General Counsel, Environmental Protection Agency, transmit- to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting ting the Agency’s final rule — Cypermethrin; Commerce. the Department’s final rule — Low-Stress Pesticide Tolerance [OPP-300706; FRL-6025-6] 11003. A letter from the Director, Office of Hazardous Liquid Pipelines Serving Plants (RIN: 2070-AB78) received September 11, 1998, Regulatory Management and Information, and Terminals [Docket No. PS-117; Amdt. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Environmental Protection Agency, transmit- 195-64] received September 10, 1998, pursuant mittee on Agriculture. ting the Agency’s final rule — Revision of to 5 U.S.C. 801(a)(1)(A); to the Committee on 10994. A letter from the Director, Office of Standards of Performance for Nitrogen Oxide Transportation and Infrastructure. Regulatory Management and Information, Emissions From New Fossil-Fuel Fired 11013. A letter from the General Counsel, Environmental Protection Agency, transmit- Steam Generating Units; Revisions to Re- Department of Transportation, transmitting ting the Agency’s final rule — Esfenvalerate; porting Requirements for Standards of Per- the Department’s final rule — Airworthiness Pesticide Tolerance [OPP-300708; FRL 6026-5] formance for New Fossil-Fuel Fired Steam Directives; Boeing Model 757-200 Series Air- (RIN: 2070-AB78) received September 11, 1998, Generating Units [FRL-6159-2] (RIN: 2060- planes [Docket No. 97-NM-54-AD; Amend- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- AE56) received September 11, 1998, pursuant ment 39-10747; AD 98-19-05] (RIN: 2120-AA64) mittee on Agriculture. to 5 U.S.C. 801(a)(1)(A); to the Committee on received September 15, 1998, pursuant to 5 10995. A letter from the Director, Office of Commerce. U.S.C. 801(a)(1)(A); to the Committee on Regulatory Management and Information, 11004. A letter from the Director, Office of Transportation and Infrastructure. Environmental Protection Agency, transmit- Regulatory Management and Information, 11014. A letter from the General Counsel, ting the Agency’s final rule — Metolachlor; Environmental Protection Agency, transmit- Department of Transportation, transmitting Pesticide Tolerances for Emergency Exemp- ting the Agency’s final rule — State of Alas- the Department’s final rule — Special Local tions [OPP-300685; FRL-6017-9] (RIN: 2070- ka Petition for Exemption from Diesel Fuel Regulations; Rising Sun Regatta [CGD08-98- AB78) received September 11, 1998, pursuant Sulfur Requirement [FRL-6159-1] received 051] (RIN: 2115-AE46) received September 10, to 5 U.S.C. 801(a)(1)(A); to the Committee on September 11, 1998, pursuant to 5 U.S.C. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Agriculture. 801(a)(1)(A); to the Committee on Commerce. Committee on Transportation and Infra- 10996. A letter from the Director, Office of 11005. A letter from the Acting Director, structure. Regulatory Management and Information, Regulations Policy and Management Staff, 11015. A letter from the General Counsel, Environmental Protection Agency, transmit- Office of Policy, Food and Drug Administra- Department of Transportation, transmitting ting the Agency’s final rule — Sulfosate; tion, transmitting the Administration’s final the Department’s final rule — Special Local Pesticide Tolerance [OPP-300709; FRL 6026-6] rule — Amended Economic Impact Analysis Regulations: City of Clarksville Riverfest; (RIN: 2070-AB78) received September 11, 1998, of Final Rule Requiring Use of Labeling on Cumberland River mile 125.5 to 127.0, Clarks- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Natural Rubber Containing Devices [Docket ville, TN [CGD08-96-058] (RIN: 2115-AE46) re- mittee on Agriculture. No. 96N-0119] received September 10, 1998, ceived September 10, 1998, pursuant to 5 10997. A letter from the Director, Washing- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on ton Headquarters Services, Department of mittee on Commerce. Transportation and Infrastructure. Defense, transmitting the Department’s final 11006. A letter from the Director, Fish and 11016. A letter from the General Counsel, rule — Civilian Health and Medical Program Wildlife Service, transmitting the Service’s Department of Transportation, transmitting of the Uniformed Services (CHAMPUS); final rule — Endangered and Threatened the Department’s final rule — Airworthiness TRICARE Program; Reimbursement (RIN: Wildlife and Plants; Determination of Directives; Saab Model SAAB 2000 Series 0720-AA37)received September 10, 1998, pursu- Threatened Status for Four Plants From the Airplanes [Docket No. 97-NM-144-AD; Amend- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Foothills of the Sierra Nevada Mountains in ment 39-10748; AD 98-19-06] (RIN: 2120-AA64) on National Security. California (RIN: 1018-AC99) received Septem- received September 15, 1998, pursuant to 5 10998. A letter from the Director, Office of ber 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); U.S.C. 801(a)(1)(A); to the Committee on Regulatory Management and Information, to the Committee on Resources. Transportation and Infrastructure. Environmental Protection Agency, transmit- 11007. A letter from the Director, Fish and 11017. A letter from the General Counsel, ting the Agency’s final rule — Control of Wildlife Service, transmitting the Depart- Department of Transportation, transmitting Emissions of Air Pollution From Nonroad ment’s final rule — Endangered and Threat- the Department’s final rule — Airworthiness Diesel Engines [AMS-FRL-6155-3] (RIN: 2060- ened Wildlife and Plants; Final Rule to De- Directives; Aerospatiale Model ATR72-212A AF76) received September 11, 1998, pursuant termine Endangered or Threatened Status Series Airplanes [Docket No. 98-NM-159-AD; to 5 U.S.C. 801(a)(1)(A); to the Committee on for Six Plants from the Mountains of South- Amendment 39-10756; AD 98-19-16] (RIN: 2120- Commerce. ern California (RIN: 1018-AD34) received Sep- AA64) received September 15, 1998, pursuant 10999. A letter from the Director, Office of tember 10, 1998, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on Regulatory Management and Information, 801(a)(1)(A); to the Committee on Resources. Transportation and Infrastructure. Environmental Protection Agency, transmit- 11008. A letter from the Director, National 11018. A letter from the General Counsel, ting the Agency’s final rule — National Oceanic and Atmospheric Administration, Department of Transportation, transmitting Emission Standards for Hazardous Air Pol- transmitting the Administration’s final rule the Department’s final rule — Drawbridge lutants for Source Category: Pulp and Paper — Designated Critical Habitat; Green and Operation Regulations; Sheboygan River, WI Production [FRL-6157-1] (RIN: 2060-AH76) re- Hawksbill Sea Turtles [Docket No. 971124276- [CGD09-98-003] (RIN: 2115-AE47) received Sep- ceived September 11, 1998, pursuant to 5 8202-02; I.D. No. 110797B] (RIN: 0648-AH88) re- tember 10, 1998, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on ceived September 10, 1998, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- Commerce. U.S.C. 801(a)(1)(A); to the Committee on Re- tation and Infrastructure. 11000. A letter from the Director, Office of sources. 11019. A letter from the General Counsel, Regulatory Management and Information, 11009. A letter from the General Counsel, Department of Transportation, transmitting Environmental Protection Agency, transmit- Department of Transportation, transmitting the Department’s final rule — Airworthiness ting the Agency’s final rule — Georgia: Final the Department’s final rule — Guidance For Directives; Pratt & Whitney PW4000 Series Authorization of State Hazardous Waste Fiscal Year 1999 Interstate Discretionary Turbofan Engines [Docket No. 98-ANE-02-AD; Management Program Revisions [FRL-6161-5] (ID) Funds — received September 15, 1998, Amendment 39-10746; AD 98-19-03] (RIN: 2120- received September 11, 1998, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- AA64) received September 15, 1998, pursuant U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. ture. Transportation and Infrastructure. H8034 CONGRESSIONAL RECORD — HOUSE September 17, 1998 11020. A letter from the General Counsel, 11030. A letter from the General Counsel, ber 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); Department of Transportation, transmitting Department of Transportation, transmitting to the Committee on Ways and Means. the Department’s final rule — Establishment the Department’s final rule — Airworthiness 11041. A letter from the Chief, Regulations of Class E Airspace; Fitchburg, MA [Airspace Directives; Stemme GmbH & Co. KG Model Unit, Internal Revenue Service, transmitting Docket No. 98-ANE-93] received September S10 Sailplanes [Docket No. 93-CE-24-AD; the Department’s final rule — Rollover of 15, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Amendment 39-10744; AD 98-19-01] (RIN: 2120- gain from qualified small business stock to the Committee on Transportation and Infra- AA64) received September 15, 1998, pursuant another qualified small business stock [Rev- structure. to 5 U.S.C. 801(a)(1)(A); to the Committee on enue Procedure 98-48] received September 4, 11021. A letter from the General Counsel, Transportation and Infrastructure. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Transportation, transmitting 11031. A letter from the General Counsel, Committee on Ways and Means. the Department’s final rule — Airworthiness Department of Transportation, transmitting 11042. A communication from the President Directives; SOCATA — Groupe the Department’s final rule — Revision of of the United States, transmitting the report AEROSPATIALE Models TB20 and TB21 Air- Class E Airspace; Refugio, TX [Airspace of the Commodity Credit Corporation for fis- planes [Docket No. 95-CE-64-AD; Amendment Docket No. 98-ASW-34] received September cal year 1996, pursuant to 15 U.S.C. 714k; to 39-10729; AD 98-18-13] received September 10, 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Committee on Transportation and Infra- 11043. A letter from the Secretary of De- Committee on Transportation and Infra- structure. fense, transmitting a report on the retire- structure. 11032. A letter from the General Counsel, ment of Lieutenant General Joseph E. 11022. A letter from the General Counsel, Department of Transportation, transmitting DeFrancisco, United States Army; to the Department of Transportation, transmitting the Department’s final rule — Revision of Committee on National Security. 11044. A letter from the Secretary of De- the Department’s final rule — Amendment Class E Airspace; Pascagoula, MS [Airspace fense, transmitting a report on the retire- to Class E Airspace; Bennington, VT [Air- Docket No. 98-ASW-38] received September ment of Lieutant General Dennis L. space Docket No. 98-ANE-94] received Sep- 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Benchoff, United States Army; to the Com- tember 15, 1998, pursuant to 5 U.S.C. the Committee on Transportation and Infra- mittee on National Security. 801(a)(1)(A); to the Committee on Transpor- structure. 11045. A letter from the Director, Defense 11033. A letter from the General Counsel, tation and Infrastructure. Security Assistance Agency, transmitting a 11023. A letter from the General Counsel, Department of Transportation, transmitting copy of Transmittal No. 21-98 which con- Department of Transportation, transmitting the Department’s final rule — Modification stitutes a Request for Final Approval for a the Department’s final rule — Correction to of Class E Airspace; Bowman, ND [Airspace Project Agreement with Sweden for research Class E Airspace; Akron, CO [Airspace Dock- Docket No. 98-AGL-41] received September into methods to synthesize nitrogen molecu- et No. 98-ANM-10] received September 10, 15, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to lar compounds to improve explosive prop- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Committee on Transportation and Infra- erties of munitions that would also be ‘‘envi- Committee on Transportation and Infra- structure. ronmentally friendly,’’ pursuant to 22 U.S.C. 11034. A letter from the General Counsel, structure. 2767(f); to the Committee on International 11024. A letter from the General Counsel, Department of Transportation, transmitting Relations. Department of Transportation, transmitting the Department’s final rule — Revision of 11046. A letter from the Director, Defense the Department’s final rule — Airworthiness Class E Airspace; Cameron, LA [Airspace Security Assistance Agency, transmitting Directives; CFM International CFM56-3, -3B, Docket No. 98-ASW-37] received September notification concerning the Department of and -3C Series Turbofan Engines [Docket No. 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Air Force’s Proposed Letter(s) of Offer 98-ANE-44-AD; Amendment 39-10752; AD 98- the Committee on Transportation and Infra- and Acceptance (LOA) to United Arab Emir- 19-10] (RIN: 2120-AA64) received September structure. ates for defense articles and services (Trans- 15, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 11035. A letter from the General Counsel, mittal No. 98-45), pursuant to 22 U.S.C. the Committee on Transportation and Infra- Department of Transportation, transmitting 2776(b); to the Committee on International structure. the Department’s final rule — Revision of Relations. 11025. A letter from the General Counsel, Class E Airspace; Morgan City, LA [Airspace 11047. A letter from the Chairman, Council Department of Transportation, transmitting Docket No. 98-ASW-36] received September of the District of Columbia, transmitting a the Department’s final rule — Establishment 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to copy of D.C. ACT 12-422, ‘‘Board of Elections of Class E Airspace; Crosby, ND [Airspace the Committee on Transportation and Infra- and Ethics Subponea Authority Temporary Docket No. 98-AGL-42] received September structure. Amendment Act of 1998’’ received September 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 11036. A letter from the General Counsel, 10, 1998, pursuant to D.C. Code section 1— the Committee on Transportation and Infra- Department of Transportation, transmitting 233(c)(1); to the Committee on Government structure. the Department’s final rule — Airworthiness Reform and Oversight. 11026. A letter from the General Counsel, Directives; Bombardier Inc. Model Otter 11048. A letter from the Chairman, Council Department of Transportation, transmitting DHC-3 Airplanes [Docket No. 97-CE-120-AD; of the District of Columbia, transmitting a the Department’s final rule — Amendment Amendment 39-10724; AD 98-18-08] (RIN: 2120- copy of D.C. ACT 12-434, ‘‘Vendor Payment to Class E Airspace Goodland, KS [Airspace AA64) received August 31, 1998, pursuant to 5 and Drug Abuse, Alcohol Abuse, and Mental Docket No. 98-ACE-35] received September U.S.C. 801(a)(1)(A); to the Committee on Illness Coverage Temporary Relief Act of 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Transportation and Infrastructure. 1998’’ received September 10, 1998, pursuant the Committee on Transportation and Infra- 11037. A letter from the General Counsel, to D.C. Code section 1—233(c)(1); to the Com- structure. Department of Transportation, transmitting mittee on Government Reform and Over- 11027. A letter from the General Counsel, the Department’s final rule — Establishment sight. Department of Transportation, transmitting of Class E Airspace; Theodore, AL [Airspace 11049. A letter from the Chairman, Council the Department’s final rule — Airworthiness Docket No. 98-ASW-39] received September of the District of Columbia, transmitting a Directives; Textron Lycoming Fuel Injected 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to copy of D.C. ACT 12-421, ‘‘Oyster Elementary Reciprocating Engines [Docket No. 97-ANE- the Committee on Transportation and Infra- School Construction and Revenue Bond Act 50-AD; Amendment 39-10728; AD 98-18-12] structure. of 1998’’ received September 10, 1998, pursu- (RIN: 2120-AA64) received September 15, 1998, 11038. A letter from the General Counsel, ant to D.C. Code section 1—233(c)(1); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Transportation, transmitting Committee on Government Reform and mittee on Transportation and Infrastruc- the Department’s final rule — Revision of Oversight. ture. Class D Airspace; San Antonio, Kelly AFB, 11050. A letter from the Chairman, Council 11028. A letter from the General Counsel, TX [Airspace Docket No. 98-ASW-35] received of the District of Columbia, transmitting a Department of Transportation, transmitting September 10, 1998, pursuant to 5 U.S.C. copy of D.C. ACT 12-420, ‘‘Drug-Related Nui- the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- sance Abatement Temporary Act of 1998’’ re- Directives; Airbus Model A320 Series Air- tation and Infrastructure. ceived September 10, 1998, pursuant to D.C. planes [Docket No. 98-NM-18-AD; Amend- 11039. A letter from the General Counsel, Code section 1—233(c)(1); to the Committee ment 39-10742; AD 98-18-26] (RIN: 2120-AA64) Department of Transportation, transmitting on Government Reform and Oversight. received September 10, 1998, pursuant to 5 the Department’s final rule — Establishment 11051. A letter from the Chairman, Council U.S.C. 801(a)(1)(A); to the Committee on of Class E Airspace; Carlisle, PA [Airspace of the District of Columbia, transmitting a Transportation and Infrastructure. Docket No. 98-AEA-11] received August 31, copy of D.C. ACT 12-418, ‘‘Arson Investiga- 11029. A letter from the General Counsel, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the tors Amendment Act of 1998’’ received Sep- Department of Transportation, transmitting Committee on Transportation and Infra- tember 10, 1998, pursuant to D.C. Code sec- the Department’s final rule — Airworthiness structure. tion 1—233(c)(1); to the Committee on Gov- Directives; McDonnell Douglas Model MD-90- 11040. A letter from the Chief, Regulations ernment Reform and Oversight. 30 Series Airplanes [Docket No. 98-NM-255- Unit, Internal Revenue Service, transmitting 11052. A letter from the Chairman, Council AD; Amendment 39-10735; AD 98-18-19] (RIN: the Service’s final rule — Section 411(d)(6) of the District of Columbia, transmitting a 2120-AA64) received September 10, 1998, pur- Protected Benefits (Taxpayer Relief Act of copy of D.C. ACT 12-419, Office of the Inspec- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 1997); Qualified Retirement Plan Benefits tor General Law Enforcement Powers Tem- tee on Transportation and Infrastructure. [TD 8781] (RIN 1545-AV95) received Septem- porary Amendment Act of 1998, pursuant to September 17, 1998 CONGRESSIONAL RECORD — HOUSE H8035

D.C. Code section 1—233(c)(1); to the Commit- By Mr. CRAPO: H.R. 3925: Mr. BORSKI. tee on Government Reform and Oversight. H.R. 4593. A bill to establish a National Re- H.R. 4018: Mr. DOYLE, Mrs. CLAYTON, and f sources Institute at the Idaho National Engi- Mr. LAMPSON. neering and Environmental Laboratory; to H.R. 4121: Mr. PRICE of North Carolina and REPORTS OF COMMITTEES ON the Committee on Science. Mr. LAHOOD. PUBLIC BILLS AND RESOLUTIONS By Mr. FOSSELLA (for himself, Mr. H.R. 4132: Ms. PELOSI. Under clause 2 of rule XIII, reports of KING of New York, Mr. BLILEY, Mr. H.R. 4204: Mr. BALLENGER and Mr. CAL- committees were delivered to the Clerk BUNNING of Kentucky, Mr. WELDON of VERT. Pennsylvania, Mr. FORBES, Mr. EN- for printing and reference to the proper H.R. 4217: Mr. CAMPBELL. SIGN, and Mr. KLUG): H.R. 4220: Ms. KILPATRICK. calendar, as follows: H.R. 4594. A bill to provide funds to States H.R. 4229: Mr. NEY. Mr. BLILEY: Committee on Commerce. to establish and administer periodic teacher H.R. 4235: Mr. HINOJOSA. H.R. 4017. A bill to extend certain programs testing and merit pay programs for elemen- H.R. 4242: Ms. STABENOW. under the Energy Policy and Conservation tary and secondary school teachers; to the H.R. 4249: Mr. NORWOOD. Act and the Energy Conservation and Pro- Committee on Education and the Workforce. H.R. 4251: Mr. BARR of Georgia and Mr. duction Act, and for other purposes; with an By Mr. REGULA (for himself, Mr. LI- KINGSTON. amendment (Rept. 105–727). Referred to the PINSKI, Mr. GUTIERREZ, Mr. JACKSON H.R. 4266: Mr. UNDERWOOD and Mr. Committee of the Whole House on the State of Illinois, Mr. WELLER, Mr. HYDE, KUCINICH. of the Union. Mr. DAVIS of Illinois, Mr. SHIMKUS, H.R. 4281: Mr. CAMPBELL. Mr. BURTON: Committee on Government Mr. FAWELL, Mr. MANZULLO, Mr. H.R. 4339: Mrs. EMERSON, Ms. JACKSON-LEE Reform and Oversight. Report on the Refusal HASTERT, Mr. DICKS, Ms. NORTON, Mr. of Texas, and Ms. BROWN of Florida. of Attorney General Janet Reno to Produce COSTELLO, Mr. CRANE, Mr. PORTER, H.R. 4402: Mr. ENGLISH of Pennsylvania and Documents Subpoenaed by the Government Mr. LAHOOD, Mr. POSHARD, Mr. Mr. COOKSEY. Reform and Oversight Committee (Rept. 105– BLAGOJEVICH, Mr. EVANS, Mr. RUSH, H.R. 4404: Mr. COOKSEY and Mr. JENKINS. 728). Referred to the House Calendar. Mr. EWING, Mr. MILLER of Florida, Mr. MCINNIS: Committee on Rules. House H.R. 4415: Mr. KINGSTON and Mr. NEY. Mr. SKEEN, Mr. KOLBE, Mr. WAMP, Resolution 544. Resolution providing for con- H.R. 4447: Mrs. CHENOWETH. Mr. SKAGGS, Mr. MCDADE, and Mr. sideration of motions to suspend the rules H.R. 4461: Mr. KINGSTON and Mr. LEWIS of MURTHA): (Rept. 105–729). Referred to the House Cal- Georgia. H.R. 4595. A bill to redesignate a Federal endar. H.R. 4472: Mr. HALL of Texas and Mr. building located in Washington, D.C., as the MCGOVERN. f ‘‘Sidney R. Yates Federal Building’’.; to the H.R. 4567: Mr. CARDIN, Mr. RAMSTAD, Mr. PUBLIC BILLS AND RESOLUTIONS Committee on Transportation and Infra- ISTOOK, Mr. CONDIT, Mr. WELLER, Mr. ADAM structure. Under clause 5 of Rule X and clause 4 SMITH of Washington, and Mr. EHLERS. By Mr. SMITH of Michigan (for himself H.R. 4577: Ms. KILPATRICK and Ms. RIVERS. of Rule XXII, public bills and resolu- and Mr. THUNE): H.R. 4587: Mr. HEFLEY. tions were introduced and severally re- H.R. 4596. A bill to amend the Internal Rev- H. Con. Res. 210: Mr. STENHOLM. ferred, as follows: enue Code of 1986 to provide that certain H. Con. Res. 264: Mr. MOLLOHAN. By Mr. CASTLE: farming-related section 1231 gains and losses H. Con. Res. 295: Mr. GILMAN and Mr. H.R. 4590. A bill to allow all States to par- shall not be taken into account in determin- HOYER. ticipate in activities under the Education ing whether a taxpayer is eligible for the H. Res. 532: Mr. COBLE, Mr. MANZULLO, and Flexibility Partnership Demonstration Act; earned income credit; to the Committee on Mr. UPTON. to the Committee on Education and the Ways and Means. Workforce. f f By Mr. STARK (for himself and Mr. CARDIN): ADDITIONAL SPONSORS AMENDMENTS H.R. 4591. A bill to amend title XVIII of the Under clause 4 of rule XXII, sponsors Social Security Act to provide for home were added to public bills and resolu- Under clause 6 of rule XXIII, pro- health case manager services under the posed amendments were submitted as Medicare Program; to the Committee on tions as follows: Ways and Means, and in addition to the Com- H.R. 68: Mr. BLILEY and Mr. GOODE. follows: mittee on Commerce, for a period to be sub- H.R. 326: Mr. BLILEY, Mr. FROST, Mr. H.R. 4569 sequently determined by the Speaker, in MCINNIS, and Ms. DANNER. OFFERED BY: MR. CAMPBELL each case for consideration of such provi- H.R. 902: Mr. BILIRAKIS and Mr. ENSIGN. AMENDMENT NO. 41: Page 110, strike line 2 H.R. 1126: Mr. LUTHER. sions as fall within the jurisdiction of the and all that follows through line 15. committee concerned. H.R. 1134: Mr. PEASE. By Mr. STARK: H.R. 1231: Mr. COYNE. H.R. 4569 H.R. 4592. A bill to amend titles XI and H.R. 2670: Mr. MARTINEZ. OFFERED BY: MR. DAVIS OF ILLINOIS XVIII of the Social Security Act to establish H.R. 2819: Mr. BALDACCI. AMENDMENT NO. 42: Page 141, after line 18, a program to ensure that home health agen- H.R. 2879: Mr. GOODLATTE. insert the following: cies do not employ individuals who have a H.R. 2882: Mr. SHADEGG and Mr. BARR of TITLE VII—ADDITIONAL GENERAL history of patient or resident abuse or have Georgia. PROVISIONS been convicted of certain crimes; to the H.R. 2914: Mr. ENGLISH of Pennsylvania and Committee on Ways and Means, and in addi- Mr. HILLIARD. PROHIBITION ON PROMOTION OF TOBACCO tion to the Committee on Commerce, for a H.R. 2939: Ms. DANNER. FARMING IN MALAWI period to be subsequently determined by the H.R. 3261: Mrs. MYRICK. SEC. 701. None of the funds appropriated in Speaker, in each case for consideration of H.R. 3523: Mr. ROGERS. this Act under the heading ‘‘Development such provisions as fall within the jurisdic- H.R. 3792: Mr. ENGLISH of Pennsylvania. Assistance’’ may be made available for the tion of the committee concerned. H.R. 3831: Ms. KILPATRICK. promotion of tobacco farming in Malawi. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, THURSDAY, SEPTEMBER 17, 1998 No. 124 Senate The Senate met at 9:30 a.m. and was Three hundred years ago, the Great will be able to go forward this morning. called to order by the President pro Baal Shem Tov, founder of Chassidism, It is Thursday morning and it seems to tempore (Mr. THURMOND). taught us that in every experience lies me this would be a good time to make The PRESIDENT pro tempore. To- Divine Providence, giving man the some legislative progress on the peo- day’s prayer will be offered by the ability to find and develop divinity in ple’s business. We had great difficulty guest Chaplain, Levi Shemtov, Rabbi, seemingly everyday activities. As the yesterday, trying to schedule votes Director of the Washington Office, officers and Members of the Senate and around Senators’ own interests which I American Friends of Lubavitch, Wash- their staffs go about their noble task of thought, in many instances, were inap- ington, DC. Glad to have you with us. legislating the path for our Nation, propriate. I urge my colleagues to not with the will of the people, please let put their own conveniences over the in- PRAYER them see in their work not just mere terests of the people’s business or their The guest Chaplain, Rabbi Levi political activity but divine endeavor, other 99 colleagues. Shemtov, Director of the Washington nothing less than partnership with God Also, while there are obviously dis- Office, American Friends of Lubavitch, in perfecting the world, bringing re- tractions and disagreements on what offered the following prayer: demption to all of mankind. should be the business of the Senate, Almighty God, our Father in Heaven, A happy and a healthy new year. there are some things that we can do bless and grace this august body, the f and should do. Unfortunately, yester- United States Senate. Fill this Cham- day we were not able to even go for- ber and through it the Nation with the RECOGNITION OF THE MAJORITY ward with debate because we could not strength of Your sovereignty and the LEADER get an agreement as to how to proceed power of Your comfort. May the Mem- The PRESIDENT pro tempore. The on the issues. We have a unanimous bers of this body and its officers strive able majority leader, Senator LOTT of consent agreement that we reached always to glorify Your name and Mississippi, is recognized. last Thursday that seemed to be fair through their devotion to You and true f and satisfactory to one and all on how service to the inhabitants of the Na- to proceed on the bankruptcy reform tion. THE GUEST CHAPLAIN’S PRAYER legislation, including, at the insistence As the Jewish New Year (Rosh Ha- Mr. LOTT. Mr. President, on behalf of the Senator from Massachusetts, a shanah) approaches, commemorating of the Senate, I thank the rabbi for vote on a minimum wage. the anniversary of Your creation of being with us this morning and for his We agreed that we would have a vote man, we stand before You while You sit prayer. We know this is a holy season as soon as we took up the bankruptcy in judgment. May this feeling of our ul- for those of the Jewish faith, and we bill, we would have 2 hours of debate on timate need for mercy pervade our are pleased that you would join us and minimum wage and then a vote. The lives, and may we judge each other at give us your prayer and ask for the Senator indicated he had hoped we least as favorably as we would like to Lord’s blessings. would do that in the morning, rather be judged ourselves. f than late at night, and we have wanted As our Nation faces tremendous chal- to try to accommodate that. But when lenges, we also possess a deep, enor- ORDERS FOR TODAY we said, OK, good, Thursday morning, mous faith and capacity for healing. Mr. LOTT. Mr. President, I ask unan- we will start at 9:30, we will do the de- The Senate, reflecting the Nation, imous consent the Journal of Proceed- bate, have a vote at 11:30 on minimum comprises men and women from var- ings be approved, no resolutions come wage, he indicated he didn’t want to do ious political, cultural, and religious over under the rule, the call of the cal- that. backgrounds. We are thankful for the endar be waived, the morning hour be So I don’t know. I understand maybe freedom to bring various views, but as deemed to have expired, and the time he has a press conference at the White we debate the significant issues of the for the two leaders be reserved. House, but he has to make a decision day, let us remember the words of the The PRESIDING OFFICER. Without here. You know, are we going to go for Lubavitcher Rebbe, Rabbi Menachem objection, it is so ordered. press conferences, or are we going to go M. Schneerson, of blessed memory, who f for the vote on something he says is taught, ‘‘the only way to soothe the very important to him, the minimum differences between two sides is to seek SCHEDULE wage issue? I assume he will be here how we are ultimately all on the same Mr. LOTT. Mr. President, we are still later and we will get something worked side.’’ consulting with both sides to see if we out as to how to proceed on that. In the

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

S10451

. S10452 CONGRESSIONAL RECORD — SENATE September 17, 1998 meanwhile, I hope we can go ahead and I took the time while I was home, The PRESIDING OFFICER. Without go forward with bankruptcy, bank- about a year ago, to talk to Dr. Julius objection, it is so ordered. ruptcy amendments. We have a list Bosco, the OB/GYN who delivered both Mr. WELLSTONE. I thank the Chair. that we agreed to, amendments that of my own children. Originally from (The remarks of Mr. WELLSTONE per- are not subject to second-degree. Brooklyn, NY, he was in the Air Force taining to the introduction of S. 2489 There was a misunderstanding about as a doctor, came to Keesler Air Force are located in today’s RECORD under one of them, and the sponsor of that Base, married a local girl, and we ‘‘Statements on Introduced Bills and amendment has very graciously agreed couldn’t get rid of him—he stayed. He Joint Resolutions.’’) to not offer that amendment, Senator is a great doctor and a great man. I Mr. WELLSTONE. I yield the floor. HATCH, on the intellectual properties asked him, Dr. Bosco, are there any Mr. GRASSLEY addressed the Chair. issue. And there are some other con- circumstances at any time, any jus- The PRESIDING OFFICER. The Sen- troversial issues that we are going to tification for this procedure being ator from Iowa. work together on in a bipartisan way. used? And he said, ‘‘Never.’’ Mr. GRASSLEY. We hope very much So I hope we would try to make some Three Senators hold the results of that Members on both sides of the aisle progress on that. Senator DURBIN is this veto override in their hands, and it will come to the floor and offer amend- here, one of the sponsors of the bank- will weigh on their conscience. I hope ments on the bankruptcy bill. Both ruptcy reform bill. Senator GRASSLEY that the Senate will override this veto. sides have reached an agreement on the is right here ready to go. So as soon as I yield the floor. number of amendments to be offered. we can get a confirmation that we were f All we have to have is time agreements able to get together on that, we will on those amendments, and if a vote is make that announcement to Members. CONSUMER BANKRUPTCY REFORM necessary on those amendments, have I might say, we should expect votes ACT OF 1998 a vote. on amendments throughout the day. The PRESIDING OFFICER (Mr. Senator DURBIN has worked very And, from 2 to 6 this afternoon, we will DEWINE). The clerk will report. hard with me for his part, for the have the debate on the partial-birth The assistant legislative clerk read Democratic Members, as I have for the abortion ban veto override. And then as follows: Republican Members, to get a very we hope to come back to the bank- A bill (S. 1301) to amend title 11, United good bankruptcy bill before this body. ruptcy after that, and then have a cou- States Code, to provide for consumer bank- It was hard work for the last year put- ple of votes tonight on amendments— ruptcy protection, and for other purposes. ting a bill together. I really appreciate one or two or three, whatever—that we Pending: his cooperation, including getting it can stack, so that Members will know Lott (for Grassley/Hatch) amendment No. through the Judiciary Committee by a when those votes would occur. 3559, in the nature of a substitute. vote of 16–2, then additionally accom- Let me read here now the unanimous Mr. GRASSLEY addressed the Chair. modating some other Members who are consent that we have worked out. The PRESIDING OFFICER. The Sen- not on the Judiciary Committee, the f ator from Iowa. committee of jurisdiction over bank- UNANIMOUS CONSENT AGREE- AMENDMENT NO. 3595 TO AMENDMENT NO. 3559 ruptcy. MENT—S. 1301 AND THE VETO (Purpose: To provide for dismissal of a case We accommodated several Members, MESSAGE TO ACCOMPANY THE when a debtor abuses the provisions of the both on the Judiciary Committee and PARTIAL-BIRTH ABORTION BILL Bankruptcy Code) not on the Judiciary Committee, through the consideration of their Mr. LOTT. Mr. President, I ask unan- Mr. GRASSLEY. Mr. President, I imous consent that the Senate now send a managers’ amendment to the amendments in some negotiating ses- proceed to S. 1301 under the provisions desk and ask for its consideration. sions we had last week to limit the of the consent agreement of September The PRESIDING OFFICER. The number of amendments, also to accept, 11. I further ask that at 2 p.m., the bill clerk will report. as I have indicated, in the managers’ be laid aside and there be 4 hours for The assistant legislative clerk read amendment many of the ideas that debate, equally divided, on the veto as follows: people have. So since Senator DURBIN and I have message to accompany the partial- The Senator from Iowa [Mr. GRASSLEY], for worked together in a cooperative and birth abortion bill, with speakers alter- himself and Mr. DURBIN, proposes an amend- very much bipartisan way on this legis- nating between the proponents and op- ment numbered 3595 to amendment No. 3559. lation, we hope that at these almost ponents. Mr. GRASSLEY. Mr. President, I ask I further ask that at 6 p.m. the Sen- unanimous consent that the reading of midnight hours of this session, as well ate resume consideration of S. 1301. the amendment be dispensed with. as midnight hours of the consideration Finally, I ask unanimous consent The PRESIDING OFFICER. Without of this legislation through the process that at 8:30 a.m. on Friday, September objection, it is so ordered. of a year and a half, that we would not 18, there be 1 hour for debate, equally (The text of the amendment is print- have Members stalling by not coming divided, on the abortion veto message ed in today’s RECORD under ‘‘Amend- to the floor and offering their amend- and a vote occur at 9:30 a.m. on the ments Submitted.’’) ments. question: Shall the bill pass, the objec- Mr. GRASSLEY. Mr. President, our So we hope very much that people tions of the President to the contrary procedure today is we have the man- will come over and do that. We are notwithstanding? agers’ amendment pending. We will lay ready for those considerations. The The PRESIDING OFFICER. Without this amendment aside from time to floor leaders of both parties very much objection, it is so ordered. time as Members come over to offer want to see this legislation pass. And Mr. LOTT. Mr. President, I appre- amendments. I am going to visit with we ought to do that because, as Sen- ciate the cooperation getting this time Senator DURBIN on procedure. So, in ator DURBIN and I have described for agreed to. the meantime, I suggest the absence of the Members of this body, there is very Mr. President, before I yield the floor a quorum. much a need for this legislation, and to the managers of the legislation, I do The PRESIDING OFFICER. The particularly since we have this tradi- want to take just a moment of leader clerk will call the roll. tion of bipartisanship on the issue of time to make a plea for Senators, once The assistant legislative clerk pro- bankruptcy, not only between Senator again, to consider very carefully how ceeded to call the roll. DURBIN and myself but historically they will vote this afternoon on the Mr. WELLSTONE. Mr. President, I over the last decade and a half between partial-birth abortion ban issue. ask unanimous consent that the order his predecessor, Senator Heflin, now re- The vote will be close. We need 67 for the quorum call be rescinded. tired from the Senate, and myself. We Senators to override that veto. I be- The PRESIDING OFFICER. Without want to keep that tradition going. lieve there is no more important issue objection, it is so ordered. There is just now the one simple proc- that we will vote on this entire year. I Mr. WELLSTONE. Mr. President, I ess of Members coming over here and don’t see how any Senator can defend ask unanimous consent that I be al- offering amendments that we have all this procedure. lowed to speak as in morning business. agreed should be considered. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10453 There is no controversy at this point, where to turn; and that, I think, de- child support. When the Judiciary except should an amendment be adopt- scribes the vast majority of people who Committee marked-up the Consumer ed or not. There is no controversy of come to the bankruptcy court. But we Bankruptcy Reform Act, I joined with whether or not this bill should eventu- also hope to tighten the procedures to Senators HATCH and KYL to add an ally come to a vote. There is no con- eliminate those abuses, petitioners who amendment to the bill which would troversy about what amendments come to court who should not, those protect and enhance the status of child should be offered. Hopefully, there is who were in court and engaged in tac- support claimants during bankruptcy no controversy over how long we tics that, frankly, we do not think proceedings. should discuss these amendments—a should be acceptable. The bill, which were reported out of thorough discussion but with time lim- We are also going to try to address in the committee on a bipartisan vote of its—and eventually get this bill passed the course of the amendments to this 16–2 now provides that child support and get it to the conference commit- bill questions relative to the whole of- obligations must be the first obligation tee. There Senator DURBIN and I are fering of credit cards to Americans. I paid during any bankruptcy proceed- going to need a lot of time. think virtually everyone here today ing. Under current law, child support is There is a tremendous difference be- can tell me that when they go home to- paid 7th so that often there just aren’t tween our bill and the House bill. Sen- night and open up the mail, they are funds available to pay to ex-spouses ator DURBIN and I need the rest of this going to find another credit card solici- and children. I think that this bill will session. And we hope that the rest of tation—I see heads nodding in the gal- be tremendously helpful for those who this session that we are talking about lery—if you are a normal American. are owed child support. isn’t October 1. We hope it is from this And I am sure they are nodding at And the National district Attorneys date of September 17 to the end of the home as well. Association agrees with me. This orga- session to work out the differences be- We want to make sure that the credit nization represents more than 7,000 tween the House and Senate. So that is that is offered in America is credit local prosecutors throughout the why we want Members to come. available to everyone. The democra- United States, many of whom must en- In the meantime, I say to Senator tization of credit in this country has force child support obligations under DURBIN, I thought I would —yes, let me been a positive thing. But we also want title IV–D of the Federal Social Secu- yield to Senator DURBIN. to say to those who offer credit: Do it rity Act. Mr. DURBIN. I note September 17 is in a responsible way. Be honest in On September 2d, 1998, NDAA Presi- an important date in the history of the terms of describing the credit arrange- dent John R. Justice wrote me to ex- world, because it is the birthday of the ment that you are seeking. Be certain press the association’s belief that this Senator from Iowa, and I think it is ap- that the people you are dealing with legislation will ‘‘substantially assist’’ propriate that we acknowledge that on are truly capable of incurring more efforts to collect child support for the the floor of the Senate, and also give debt and can get involved in this proc- children and spouses of debtors who him a great birthday gift by moving ess with a clear understanding of their have filed for bankruptcy. This letter this bill along in an efficient manner. obligation. Make your monthly state- went on to note that association sup- Mr. GRASSLEY. Thank you. ments intelligible so people who pay a ports the act because S. 1301 contains Mr. DURBIN. I have called the Demo- minimum monthly amount have some ‘‘enormous enhancements to support cratic Senators who have told me they idea when it might come to an end. collection remedies’’ and represents a have pending amendments and asked Disclose some peculiarities of credit. ‘‘major improvement to the problems them to come to the floor as soon as Am I taking a security interest every facing child support creditors in bank- possible so that we can start the time I use my credit card—for the ruptcy proceedings.’’ amendment consideration. There is one toaster I just purchased? All of these The reason it’s important to put amendment which the Senator from things, I think, are relevant and will be child support claimants at the top of Massachusetts, Senator KENNEDY, raised during the course of this. the list during a bankruptcy proceed- would like to offer relative to the mini- One of the Senators is going to offer ing is that most bankrupts don’t have mum wage which does not relate di- an amendment which basically says we enough money to fully pay all their rectly to this bill, but there has been can declare ‘‘time out.’’ If we are tired creditors. So, somebody’s not going to an agreement that he will have that of credit card solicitations, we ought to be paid. This bill makes it more cer- opportunity. I think he will be here be able to call a number and tell them tain that child support will be paid in within an hour, and we can discuss ex- to cease and desist, stop bothering us full before other creditors can collect a actly when that amendment might with all these solicitations. I think penny. That’s real progress in making come up. there is a right in America to be left sure that children and former spouses I just say, as I have said before on alone. One of the amendments that will are treated fairly. the floor, it has been a pleasure to be offered will address that particular Also, the amendment accepted by the work with Senator GRASSLEY and his issue. committee provided that someone staff. I think the way that we resolved I thank the Senator from Iowa. I am owed child support can enforce their over 30 amendments on this might be a going to make some phone calls and obligations even against the exempt good way to legislate. Because literally encourage our colleagues to come to property of a bankruptcy. This means Senator GRASSLEY and I, with our able the floor quickly. that wealthy bankrupts can’t hide staff members, and people from the ad- Mr. GRASSLEY. Mr. President, we their assets in expensive homes or in ministration, sat in a room and worked probably have fewer Republican Mem- pension funds as a way of stiffing their through some 30 different amendments. bers with amendments to offer, but I children or ex-spouse. This is another We now have pending about a dozen have also been on the phone to talk to example of how this legislation will that were unresolved that we think those people, as well, to come to the help, not hurt, child support claimants. should be the subject of floor votes. floor to expedite this process. The Sen- Outside the bankruptcy context, Once those have been voted on, we are ate majority leader and Senator minor- when there are delinquent child or prepared, I hope, with a good work ity leader really want this bill to be spousal support obligations, State gov- product to move forward, to pass a bill, passed. ernment agencies step in and try to and move to conference to consider a As I said, we need a long time to con- collect the child support. S. 1301 ex- very complicated and complex area of ference—our bill is quite a bit different empts these collection efforts from the the law but one so critically important from the House bill—to work out the automatic stay. The ‘‘automatic stay’’ to over a million Americans each year differences and get a bill to the Presi- is a court injunction which automati- who file for bankruptcy in the United dent before we adjourn. cally arises when anyone declares States. Mr. President, I would like to discuss bankruptcy and it prevents creditors We want to make certain that we several provisions of the consumer from collecting on their debts. keep those bankruptcy courts available bankruptcy reform act which will But, now, if this legislation passes, for those who have truly reached the greatly enhance the ability to collect State agencies would be in a much bet- end of the rope and have absolutely no- child support from people who owe ter position to collect past due child S10454 CONGRESSIONAL RECORD — SENATE September 17, 1998 support. In practical terms, this means lowing list of emergency requests that now we have a funding problem in the State government agencies attempting have been made by the President or census. But is that a shock or an emer- to collect child support can garnish have been discussed in the Congress. gency? I would say no. wages and suspend drivers licenses and The first is $2.9 billion for natural Suddenly it has been realized that all professional licenses. Mr. President, disasters. I remind my colleagues that these cuts we have made in defense are clearly, this bill will help State gov- we know at the beginning of every year having a detrimental impact on de- ernments catch deadbeats who want to that we are going to have disasters. fense. That hardly comes as a shock to use the bankruptcy system to get out Now, we don’t know exactly where me, since I and others have spoken out of paying child support. they are going to be. We don’t know for the last 10 years about the level of Taken together, these changes will whether they are going to be earth- cuts in defense readiness. But now we significantly advance protection for quakes in California, or hurricanes in are looking at a potential emergency child support claimants in the context Texas and South Carolina and North supplemental appropriation for defense of bankruptcy proceedings. This is why Carolina, or floods in the Dakotas. But readiness of between $3 billion and $4 the National District Attorneys Asso- we know, based on experience, that billion this year. ciation, an organization which rep- every year we are spending about $5 Now the shock of all shocks: We have resents many of the prosecutors who billion on disaster relief. But instead of troops in Bosnia. You would think that must enforce child support obligations, putting the money in the budget so as long as we have had troops in Bos- supports this bill. And these changes that it is there, instead of setting pri- nia, the President would have put in provide yet another compelling reason orities, as any family would, what we his budget this year funding for the to support S. 1301. do is wait until a disaster occurs and troops in Bosnia. But what is going to Mr. GRAMM. Mr. President, I re- then we designate it as an emergency, happen in the next 3 weeks is that we quested some morning business time. It so we can spend beyond our budget. In are suddenly going to be awakened to is my understanding that our colleague the President’s own words as he stood the fact that we have troops in Bosnia from Minnesota came over and asked before the Congress in the State of the and the President wants an additional unanimous consent to speak as in Union Address, he said: ‘‘Save Social $1.9 billion of funding that will be des- morning business. I also had checked Security first, don’t spend one penny of ignated as an ‘‘emergency.’’ I submit with our dear friend, the Senator from the surplus, and don’t give any of it that it is no emergency that we have Iowa, about the possibility of doing the back in tax cuts.’’ troops in Bosnia. I submit that it is not same. If I wouldn’t be delaying the im- But what we declare spending to be a shock that we have troops in Bosnia. portant business of the Senate, I ask an emergency, it means that we are, in Everybody knows we have troops in unanimous consent to speak as in fact, spending the surplus and taking Bosnia, and everyone has known we morning business for 15 minutes. money away from Social Security. have troops in Bosnia. Yet, we are The PRESIDING OFFICER (Mr. Let me go over this list of what is looking at an emergency supplemental HAGEL). Without objection, it is so or- now being called ‘‘emergencies.’’ The to fund it. dered. next item on the list is the fact that we We are also seeing requests—our f are about to enter a new century and a Democrat colleagues have proposed new millennium and, in the process, we busting the budget by $7 billion to help EMERGENCY APPROPRIATIONS are going to incur a computer problem agriculture. Others on my side of the AND THE SURPLUS called the ‘‘Y2K problem.’’ In other aisle are talking about $2.7 billion to $3 Mr. GRAMM. Mr. President, I wanted words, the year 2000 is coming and we billion or more. The bottom line is to express some concern about what is are entering a new millennium. Now, is this. When you add it all up, we now happening in terms of Federal spending that a surprise? Is anybody shocked have serious discussion at the White this year; about the fact that now, for that every day we get closer to the House and in the Congress about rais- two weeks, we have not passed an ap- year 2000? Is it news to anybody that ing the total level of spending this year propriations bill; about the fact that it we have a potential computer problem by almost $20 billion. That is $20 billion is clear from watching the process now in the Federal Government? Yet, while that we may spend over the level of the that the minority, operating strictly we have known about this—in fact, we budget that we set out just last year. within its rights, has held up the pas- have known from the beginning of the I simply want to make several sage of any of the remaining appropria- calendar of Julius Caesar that we were points. First of all, I have, because of tions bills by simply drowning these going to reach the year 2000. We have the work I have done on Social Secu- bills in riders and amendments. known it since the ancient Greeks. We rity, concluded that we would be well We are beginning to hear talk, both certainly have known that we had this advised not to create any new spending in the administration and the Con- problem for the last 5 or 6 years. Yet, and not adopt a tax cut until we have gress, about the need for a massive ex- suddenly, we have a proposal saying taken action to fix Social Security. pansion in spending. that there is an emergency, the year And it is my hope that we can fix So- I decided earlier this week to sit 2000 is coming and there is going to be cial Security early next year, and the down and look at all the proposals that a new millennium, so the Federal Gov- funds that are not required in the sur- have been made under the name of ernment needs an additional $3.25 bil- plus to fix Social Security could be ‘‘emergency spending.’’ That is impor- lion to $5.4 billion. How can anybody given back to the taxpayer in the form tant because, as my colleagues know— say that that is an emergency if it is of substantial tax cuts. the public may not fully understand— obviously a problem we knew we would My problem is that, having concluded while we have a binding budget, there have to face? It is something that we that it would be best to hold the money is a gigantic loophole in that budget. are going to have to face in the year in the surplus to fix Social Security That gigantic loophole is, if the Presi- 2000. But why should it not be dealt first, I now see the specter of the Con- dent and the Congress agree to des- with within the context of the ordinary gress and the President spending that ignate an expenditure ‘‘an emergency,’’ budget? money. I want to remind my colleagues it doesn’t count. Now we hear talk of emergency fund- that for the $20 billion of ‘‘emergency Since President Clinton has been in ing for the census. We are required by spending’’ that we are looking at this office, we have had $31.5 billion worth the Constitution to do a census every year, we could repeal the marriage pen- of emergency spending. During election 10 years. Surely it doesn’t come as a alty; we could give full deductibility years, that level of emergency spending shock to anybody that we have known for health insurance to all Americans has ballooned to a whopping $8.6 billion since 1787 that we are going to make who either don’t get it provided by per election year. preparations for doing a census in the their employer or are self-employed; Now, in looking at where we are and year 2000. Yet, there it is, as if some- we could provide a change in the Tax in looking at the threats of vetoing ap- how there is an emergency in that sud- Code so that farmers could income av- propriations bills if we don’t appro- denly we have realized that we have erage and better shield themselves priate as much money as the President been grossly underfunding the census against the kinds of fluctuations in ag- has called for, I put together the fol- in order to fund other programs, and riculture income that we have; we September 17, 1998 CONGRESSIONAL RECORD — SENATE S10455 could repeal the earnings test under I am going to veto bills, and I am going The PRESIDING OFFICER. Without Social Security. All of those things to shut down the Government.’’ objection, it is so ordered. would cost less as a tax cut than the I believe, if we will stand our ground The amendment is as follows: money we are talking about spending on fiscal principle, if we will save the At the appropriate place in title IV, insert on an ‘‘emergency basis.’’ surplus for Social Security, that we the following: So I want to conclude by making the will serve the public interest well. But, SEC. 4 . PROHIBITION ON CERTAIN ACTIONS following points. No. 1, I intend to re- if the money is going to be spent—if FOR FAILURE TO INCUR FINANCE sist these emergency spending items. If that is the alternative—then I would CHARGES. Section 106 of the Truth in Lending Act (15 somebody wants to sit down and come much rather move ahead with a major U.S.C. 1605) is amended by adding at the end up with a real emergency, I am willing tax cut and give the money back to the the following: to look at it. But if we are talking American worker than to see the Gov- ‘‘(g) PROHIBITION ON CERTAIN ACTIONS FOR about this kind of spending where we ernment spend it. FAILURE TO INCUR FINANCE CHARGES.—A knew it was coming but decided to call I yield the floor. creditor may not, solely because a consumer it an emergency—and I now understand Mr. GRASSLEY. Mr. President, I has not incurred finance charges in connec- that the President is considering des- suggest the absence of a quorum. tion with an extension of credit— The PRESIDING OFFICER. The ‘‘(1) refuse to renew or continue to offer ignating research and education spend- the extension of credit to that consumer; or ing as an emergency—if we are talking clerk will call the roll. The legislative clerk proceeded to ‘‘(2) charge a fee to that consumer in lieu about this level of spending, I intend to of a finance charge.’’. call the roll. resist, and we are going to have to have Mr. REED. Mr. President, my amend- 60 votes in the Senate if this kind of Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order for ment would prohibit credit card com- spending is to occur. panies from terminating a customer’s Secondly, I have been among those the quorum call be rescinded. The PRESIDING OFFICER. Without account or imposing a penalty solely who have publicly stated that we because the customer pays his or her should set aside the budget surplus this objection, it is so ordered. f bill on time and in full each month. It year, not spend the money, not give it seems amazing but there are actually back in tax cuts, until we fix Social Se- CONSUMER BANKRUPTCY REFORM some companies out there that will curity. But if the other side decides ACT OF 1998 terminate credit because the borrower, that we are now suddenly going to The Senate continued with the con- the debtor, pays the full amount each start spending massive amounts of sideration of the bill. and every month on time. money, I would much rather give it UNANIMOUS CONSENT AGREEMENT This amendment is narrowly tailored back to working Americans by cutting Mr. GRASSLEY. Mr. President, for and would not otherwise affect the their taxes than to see the Federal our majority leader, I make this re- ability of the credit card company to Government spend it, although my quest: I ask unanimous consent that terminate accounts or charge any fees first choice is to save the money for pursuant to the consent agreement of or do anything with respect to pen- Social Security. I remind my col- September 11, at 10:30 a.m. on Tuesday, alties, but it would restrict and, in- leagues that the tax burden on working September 22, the Senate resume S. deed, eliminate this practice of termi- families in America at the Federal, 1301, and Senator KENNEDY be imme- nating the best creditors that they State, and local levels is at the highest diately recognized to offer his amend- have simply because they are not mak- level in American history. ment relative to the minimum wage. I ing any money on finance charges. So my two points are: No. 1, I intend further ask that at 2:15 on Tuesday I am offering this amendment in re- to resist this effort to begin a massive there be 5 minutes equally divided, to sponse to this very troubling practice spending spree, the likes of which we be followed by the vote on the motion which finds many credit card compa- have not seen in a decade. No. 2, if this to table that amendment. nies discriminating against the most effort continues to have the govern- The PRESIDING OFFICER. Without responsible borrowers, those who pay ment spend the surplus, the argument objection, it is so ordered. their balances on time each and every that we must wait to do tax cuts is Mr. GRASSLEY. I suggest the ab- month. Specifically, several companies over. If we are going to see one group sence of a quorum. have started to terminate a customer’s in Congress try to spend the surplus, The PRESIDING OFFICER. The card or impose a penalty if the cus- while asking those of us who believe it clerk will call the roll. tomer pays his or her credit card bill in should be safe for Social Security but The legislative clerk proceeded to full each month. who also believe that giving it back to call the roll. For example, in my home State of the taxpayer is a much higher and bet- Mr. REED. Mr. President, I ask unan- Rhode Island, many consumers with a ter use than seeing the Government imous consent that the order for the credit card issued by a popular na- spend it, then that argument is over. quorum call be rescinded. tional discount store were alarmed to So I wanted to alert my colleagues to The PRESIDING OFFICER (Mr. ROB- receive letters which stated: this problem. I hope that we can serve ERTS). Without objection, it is so or- Our records indicate this account has had the public better than we would be if dered. no finance charges assessed in the last 12 we simply ignite a new spending spree, Mr. REED. Mr. President, I also ask months. Unfortunately, the expense incurred because for the first time since 1969 we unanimous consent to lay aside the by our company to maintain and service have a surplus. pending managers’ amendment. your account has become prohibitive, and as I think that is wrongheaded policy. The PRESIDING OFFICER. Without a result, in accordance with the terms of Let me say also to the threats that objection, it is so ordered. your cardholder agreement, we are not re- issuing your credit card. the administration might veto appro- AMENDMENT NO. 3596 TO AMENDMENT NO. 3559 priations bills if we don’t spend enough (Purpose: To prohibit creditors from termi- One couple who received this letter money that I think the Congress nating or refusing to renew an extension of has been married for 49 years and had should stay in session, pass appropria- credit because the consumer did not incur never been late on any mortgage pay- tions bills at reasonable and respon- finance charges) ment or denied any loan or been late in sible levels, and, if the President wants Mr. REED. Mr. President, I have an any type of credit arrangement that to veto them, let him veto them. And amendment at the desk. they had. Yet, with this note, the com- then we can be here and we can pass The PRESIDING OFFICER. The pany was informing them that they them again; then pass them again, pass clerk will report the amendment. were effectively being denied credit them again. I believe at some point The legislative clerk read as follows: solely because they were responsible that the public would awaken to the The Senator from Rhode Island [Mr. REED] borrowers. fact that this is a debate about how proposes an amendment numbered 3596 to Now, the message from credit card much money is being spent, and thats amendment No. 3559. companies in this case is if you are too what we are seeing here is a very sub- Mr. REED. Mr. President, I ask unan- good a risk we won’t give you any cred- tle blackmail where the administration imous consent reading of the amend- it. That is illogical and, I think, should says, ‘‘If you do not spend more money, ment be dispensed with. not be the practice of these companies. S10456 CONGRESSIONAL RECORD — SENATE September 17, 1998 In fact, this practice is contrary to the people they are trying to help, particu- cial Institutions of the Banking Com- goals of S. 1301, which is to promote re- larly the consumer, and in addition to mittee. He has indicated to me that he sponsible borrowing practices and re- that, somewhat harmful to the general will hold hearings on credit card solici- ward those who are responsible in their economy. tation practices and also on lending borrowing practices. By penalizing bor- I feel this amendment should be op- practices. rowers who pay off their bills each posed. This amendment has the desta- I know many Members feel the credit month, it seems that some credit card bilizing effect of imposing price con- card companies have been sloppy and companies are, in fact, advocating the trols on credit card lenders by prohibit- overly aggressive in the way they offer type of behavior which S. 1301 is de- ing the imposition of a fee or canceling credit. I say there is substance to that signed to discourage. the account of an account holder be- argument. That is why I have appre- I am not moved by the claims of cause the account has not incurred fi- ciated my comanager of this bill, Sen- these companies that say they need to nancial charges. ator DURBIN, bringing this to our at- cancel accounts which do not incur fi- The credit card industry is extraor- tention as part of this legislation. I nancial charges because the cost of dinarily competitive. People might not think it has been amply discussed, and servicing these accounts is prohibitive. realize it—on the other hand, they I share some of those concerns as well. Industry data suggests it costs issuers might realize it because they get so I do think it is more appropriate for about $25 annually to service an ac- many of these solicitations—but in the the committee of jurisdiction to do count. But issuers are able to offset banking industry alone, there are 6,000 that. I am certainly not here to tell this cost through an interchange fee of credit card issuers. They are all in Members that credit card companies approximately 2 percent charged to competition, competing with each have been totally responsible in the merchants on each transaction. Each other for new credit card holders. Ev- way that they offer credit. But the fact year, on average, $3,000 is charged to a erybody here on the Senate floor right is that these are issues which need to credit card. This 2-percent interchange now is in somebody’s computer and in be explored by the authorizing stand- fee on these charges equals about $60 a few days they will get some sort of a ing committee and its subcommittee. which would seem to more than cover solicitation. That is how competitive it The amendment of the Senator from the cost of these accounts. Moreover, is. Whether that is right or wrong is Rhode Island is a Banking Committee with Americans holding over $450 bil- another thing, but the competitive en- issue. We happen to have before the lion in consumer debt and with an av- vironment makes that determination. Senate a bankruptcy bill which came erage interest rate on credit card bal- This intense competition provides out of the Judiciary Committee where ances at 17.7 percent, the overall profit- consumers with enormous benefits. For we don’t have the expertise that we ability of credit card lending is obvious instance, it has resulted in a decline of ought to have on this issue. I would and apparent. the average credit card interest rate in like to follow the regular order of the This amendment is a narrowly craft- the past several years. Just as impor- Senate and let the subcommittee with ed measure which is designed to pro- tant, the competition results in indus- real expertise examine this. hibit credit card companies from dis- try choice for the consumer. As I said, I have a letter from Senator FAIR- criminating against the most respon- consumers can choose from literally CLOTH that I wish the Senator from sible borrowers. For this reason, the thousands of different cards, each with Rhode Island would consider. It is ad- amendment would clearly advance the a different array of pricing and benefit dressed to me. goals of S. 1301 to promote more re- features. It is my understanding that a number of sponsible credit card practices. As a result, the extraordinarily com- amendments relating to credit cards will be I see no reason why my colleagues petitive environment in which credit offered to S. 1301. Most, if not all, of these would oppose it. I therefore ask my col- card issuers operate, consumer credit amendments will relate to matters in the ju- leagues to support this amendment. At actually dictates credit card prices risdiction of the Banking Committee. I Chair the appropriate time I will ask for the much more efficiently than we can do the Financial Institutions Subcommittee of yeas and nays. through almost any Federal law. Any the Banking Committee. lender who offers undesirable pricing I share the concerns that many have re- I yield the floor. garding multiple credit card solicitations The PRESIDING OFFICER. The dis- features will swiftly fall behind the and solicitations to minors. In fact earlier tinguished Senator from Iowa is recog- competition because the consumers this year, my Subcommittee held a hearing nized. can and will choose other products. By on bankruptcy issues, with representatives Mr. GRASSLEY. First of all, because contrast, this amendment would harm of the credit card industry testifying. I have we have about 12 amendments pending consumers by restricting consumer requested and received GAO reports on such on this bill, I want to thank the Sen- choice. practices as high loan to value loans and the ator from Rhode Island for coming over In addition, we have a record going sending of ‘‘live’’ loan checks. back to 1991 when another Senator— As for many of the proposed amendments here and helping to expedite the proc- relating, however, none have been passed by ess of the Senate on a very important still a Member of this body—tried to the Committee. In fact, none have been con- bill. I thank Senator REED for coming impose price controls on lenders and it sidered by the Committee. Further, none of over and doing that. precipitated a severely negative impact the proponents of the amendments have re- Having said that, knowing the per- on the stock market. For example, in quested hearings on any of their legislative sonality of the Senator from Rhode Is- 1991, when the Senate opposed price proposals. land, that he is very sincere about his controls on credit card lenders in the During consideration of the bankruptcy position and very sincere in determin- form of an interest rate ceiling, the bill, please know that I would be more than ing that this is a problem to needs to stock market reacted, dropping 120 willing to hold a hearing or hearings on any of these proposals in my Subcommittee be dealt with, I suggest there are two points in a single day. Clearly, in this where they rightfully should be considered issues relating to this amendment. One time of already volatile market activ- under regular order. would be the immediate issue of wheth- ity, we don’t want to repeat things of Sincerely, er or not it is needed; second, the ex- that nature. I am not suggesting that LAUCH FAIRCLOTH, tent to which this really falls in the ju- would be what would happen in the Chairman, risdiction of the Senate Banking Com- case of the amendment that is before Subcommittee on Financial Institutions. mittee. the Senate, but, obviously, we should I give that to my colleagues for con- I don’t find fault with the Senator be very cautious. sideration. Again, I thank the Senator from Rhode Island offering this amend- Now, probably a more important from Rhode Island for coming. ment to my bill, but a reason for my point for Members to consider in sup- I yield the floor. opposition is that I do not like to usurp porting or not supporting this amend- Mr. REED addressed the Chair. the authority of other committees. ment would be, as I said, whether it is The PRESIDING OFFICER. The Sen- I think experience has shown that in the jurisdiction of the Senate Bank- ator from Rhode Island. price controls, as indicated in this ing Committee. We have the Senator Mr. REED. Mr. President, I thank the amendment, are counterproductive. In from North Carolina, Mr. FAIRCLOTH, Senator from Iowa for his comments the end they are very harmful to the chairing the Subcommittee on Finan- and for his leadership, along with our September 17, 1998 CONGRESSIONAL RECORD — SENATE S10457 colleague from Illinois, Senator DUR- tect the continued extension of credit rate, it could take 34 years, in fact, to BIN. I have a few comments in response to the most responsible borrowers we pay off a $2,500 credit card balance, to his very thoughtful commentary. have in the country, the ones who pay with payments totalling 300 percent of First, the jurisdiction of the commit- on time every month and don’t use this the original principal. tee when it gets to the floor, it has system to be irresponsible. In fact, about 40 percent of American been my limited experience, is some- So I hope my colleagues can recog- credit card holders pay their balances what fluid. In fact, in this bill we are nize the merits within this particular in full each month, thus incurring no amending the Truth in Lending Act, amendment and support it. interest charges. Such ‘‘convenience which has ramifications in both the Ju- On a final point, I note that today is users’’ are considered freeloaders by diciary Committee and the Banking the birthday of the Senator from Iowa. these credit card companies—even Committee. I think, to be very scru- I thank you for working overtime on deadbeats. They want people to go into pulous about jurisdictional responsibil- your birthday on this measure, Sen- debt. They want us to pay finance ities here, we missed the opportunity ator. charges as much as possible every sin- to do something which most of our col- I yield the floor. gle month. Some credit card companies leagues, I hope, would recognize is an Mr. GRASSLEY. I thank the Sen- charge annual fees and other tech- appropriate thing to do—preventing ator. niques to discourage this type of credit the termination of credit to people who I suggest the absence of a quorum. card use. simply pay their bills on time. The PRESIDING OFFICER. The I think the amendment offered by the The second aspect of this debate, clerk will call the roll. Senator from Rhode Island is a good which I think is appropriate to have in The bill clerk proceeded to call the one. I will support it on the floor. I be- this bill, is that the driving force for roll. lieve that the credit card companies this legislation comes very powerfully Mr. REED. Mr. President, I ask unan- should understand that if some people from the credit card industry. They are imous consent that the order for the are unable to make their monthly pay- concerned that many individual con- quorum call be rescinded. ments, and thus, incur additional ex- sumers seek bankruptcy because of The PRESIDING OFFICER. Without penses, so, too, there are people who their huge credit card debts, and they objection, it is so ordered. really do pay off their debts as they are feel that they are currently disadvan- Mr. REED. Mr. President, I ask for incurred, and in so doing these people taged with the present system. So, the yeas and nays on the pending should not be penalized. again, I don’t think it is inappropriate amendment. I yield the remainder of my time. as we look at this bankruptcy system The PRESIDING OFFICER. Is there a I suggest the absence of a quorum. and, in many respects, test the credit sufficient second? There is a sufficient The PRESIDING OFFICER. The card industry and look at some of their second. The yeas and nays were or- clerk will call the roll. practices. This practice is particularly dered. The bill clerk proceeded to call the disturbing—again, that somebody’s Mr. GRASSLEY addressed the Chair. roll. credit would be terminated simply be- The PRESIDING OFFICER. The dis- Mr. BYRD. Mr. President, I ask unan- cause they paid on time. tinguished Senator from Iowa. imous consent that the order for the Another aspect that the Senator Mr. GRASSLEY. I ask unanimous quorum call be rescinded. from Iowa mentioned was the sugges- consent that at 12 noon today the Sen- The PRESIDING OFFICER. Without tion that this is, in some way, price ate proceed to a vote on or in relation objection, it is so ordered. controls. I think that is a very, very to the Reed amendment number 3596. I The distinguished Senator from West long stretch—to look at this amend- further ask that at 11:55 there be 5 min- Virginia is recognized. ment which says you can’t terminate utes for debate equally divided. Mr. BYRD. Mr. President, I ask unan- an individual because they pay on The PRESIDING OFFICER. Is there imous consent to speak out of order. time—that is a far cry from imposing objection? Without objection, it is so The PRESIDING OFFICER. Is there limits on how much could be charged ordered. an objection? Without objection, it is in terms of fees, penalties; and, clearly, Mr. GRASSLEY. I yield the floor. so ordered. I make no attempt to do that. I would Mr. DURBIN addressed the Chair. f never suggest that we do that in this The PRESIDING OFFICER. The Sen- 211TH ANNIVERSARY OF THE amendment. I point out that in fact ator from Illinois is recognized. SIGNING OF THE CONSTITUTION there are existing situations, in State Mr. DURBIN. Mr. President, I rise in law certainly, usury statutes, which do support of the amendment offered by Mr. BYRD. Mr. President, as I look impose fees and caps on what a credit the Senator from Rhode Island. about at my distinguished colleagues card company can charge. That is not Recently, some credit card issuers seated in the august Senate chamber, I the intent nor the specificity of this have started to discriminate against find myself mentally transported to amendment. people who pay off their account bal- another gathering of distinguished This simply says that it should not ances each month, and, therefore, don’t leaders, in another elegant chamber, be permissible for a company to termi- incur finance charges for the credit that occurred exactly two hundred and nate an individual who has paid card purchases. These issuers charge eleven years ago today. promptly, solely for the fact that that such customers a monthly fee, or they The date was Monday, September 17; individual has paid promptly. If the in- actually terminate the customer’s ac- the setting, the Philadelphia State dividual is in arrears, if the individual count. House. It had been a long, hot summer, has done something else to violate the The Reed amendment would prohibit and only 38 of the 55 delegates attend- agreement, then that is grounds, but credit card issuers from charging a fee, ing the Constitutional Convention were not prompt payment; that should not or terminating an account based solely still in attendance. One can imagine be grounds. on the customer’s failure to go into the commingled sense of pride, nervous Ultimately, let me get back to the debt to incur finance charges. excitement, and exhaustion that filled initial point I made. At the heart of Let me tell you why I think this is a these men as they filed into the State this legislation—and, again, the Sen- good idea. House chamber and took their seats. ator from Iowa and his colleagues have Industry experts have concluded that For awaiting them that day was a task done much to make sure this was at many issuers of these cards have been that they must have eagerly antici- the core—was to try to reinstill a sense actively discouraging consumers from pated for several months—and that of responsibility among borrowers that paying off balances by lowering their many of them feared might never ar- we will not tolerate people who game monthly minimum payments, and, in rive. It was to be the fruition of their the system, who use bankruptcy as a some cases, requiring as little as 2 per- diligent, patient, frustrating summer shield for their irresponsibility. To me, cent of the balance on their credit card of debate, discussion, and dispute. Fi- it is extremely ironic that we would be debt each month. Think of how long it nally, they would put their signatures talking about a situation here where I would take to pay off your credit card to the document, freshly copied on am attempting to recognize and pro- under such circumstances. At such a parchment in neat script, that they S10458 CONGRESSIONAL RECORD — SENATE September 17, 1998 had spent the summer composing. And one possibility—then I am confident low and trivializing coverage of impor- so it was that, after a protracted and at that, as long as we in the House and tant issues? Or with parents, for failing times painful labor, on September 17, the Senate fulfill our constitutional to prepare their children for their re- 1787, the Constitution was signed. duties solemnly and judiciously, we sponsibilities as citizens? With the en- Today, this document, little changed will see the nation through this and tire national culture, for placing great- since its creation in Philadelphia, cele- any future difficulties. er emphasis on the fashion tips of brates its 211th birthday. Sadly, just as current events reaffirm supermodels and the escapades of rock Before the signing ceremony took the importance of knowing and follow- stars than on the accomplishments and place, Benjamin Franklin rose to speak ing constitutional processes and proce- heroics of great men and women of the one last time to his colleagues. Some dures, a new poll indicates that Ameri- past and present? of them still had reservations about ca’s youth are largely ignorant of the Perhaps all of these entities must the document that the Convention had Constitution and its origins. It seems share some responsibility for this sad drafted, and Franklin, as he had so that every few months a new poll ap- state of affairs. But my purpose today, often that summer, used his customary pears which plumbs the depths of igno- Mr. President, is not to cast blame. I self-deprecating charm and under- rance among some of our children. speak not in anger but in sadness, out stated wisdom to try to win them over. Each time, we hope that we have fi- of a concern for the welfare of our Acknowledging that the draft Con- nally reached the bottom of the abyss; country and the future generations stitution might well contain some each time, we are disappointed when a which will assume its leadership. This country will not long continue to oc- ‘‘faults,’’ Franklin added, however: new survey a little later indicates that the depths are deeper and darker than cupy its unique position among the na- I doubt too whether any other Convention tions of the world if it does not ade- we can obtain may be able to make a better we ever realized. Constitution. For when you assemble a num- The latest sounding of the depths quately prepare its children to pick up ber of men to have the advantage of their comes to us through the courtesy of a the reins of power that the older gen- joint wisdom, you inevitably assemble with poll by the National Constitution Cen- erations currently wield. We need to those men, all their prejudices, their pas- ter, which shows that while American prepare our children to be active, in- sions, their errors of opinion, their local in- teenagers are Rhodes Scholars in popu- formed, involved citizens. We need to terests, and their selfish views. From such make them aware of how our govern- an Assembly can a perfect production be ex- lar culture, in many instances many are sadly deficient in matters constitu- mental system operates and what part pected? It therefore astonishes me, Sir, to they play within it. We need, in short, find this system approaching so near to per- tional. The study found that by a wide margin, 59 percent to 41 percent, more to teach them about the Constitution. fection as it does; and I think it will astonish For it is the Constitution that lays our enemies, who are waiting with con- American teenagers can name the out the Federal system of government. fidence to hear that our councils are con- Three Stooges than can name the three It is the Constitution that establishes founded like those of the Builders of branches of government. Less than 3 the separation of certain powers and Babel. . . . percent of teens could name the Chief the sharing of other powers among Mr. President, I, too, continue to be Justice of the Supreme Court, while al- astonished at the perfection of this three distinct but overlapping branches most 95 percent could name the tele- of government, and between one Fed- document. The more I study it, the vision actor who played the ‘‘Fresh more I see it in action—as we all do eral and multiple State governments. Prince of Bel-Air.’’ And less than one- The Constitution is the secular bible of here, on a daily basis—the more I mar- third could name the Speaker of the vel at the handiwork of those 55 men in this Republic, and, given its impor- House, while almost 9 of 10 could name tance, its brevity, and its accessibility, Philadelphia. What transpired that the star of the T.V. show ‘‘Home Im- summer in Philadelphia’s State House it is not too much to expect that every provement.’’ citizen have at least a passing famili- was truly one of the great events in the It gets worse, Mr. President. Why, history of this Republic—it is not a de- arity with it. just one-quarter of the teens could Even this is not enough, however. mocracy; it is a Republic—or in the name the city in which the Constitu- The Constitution, as I suggested at the history of the world. Indeed, it is no tion was written! Only one-quarter beginning, is the product of a particu- stretch to call this Constitution, as knew what the 5th Amendment pro- larly momentous course of events. Gladstone did, ‘‘the most wonderful tects. Only 21% knew how many Sen- Simply reading the words of the Con- work ever struck off at a given time by ators there are. And less than half stitution without knowing something the brain and purpose of man.’’ knew the name given to the first ten of those events is like learning about Part of the strength of the Constitu- amendments. World War I by reading the Treaty of tion lies in its ability to accommodate These should not be difficult ques- Versailles. We cannot teach our chil- situations and developments that the tions to answer. This is not a matter of dren to understand and respect this Framers could never have anticipated. knowing whether the Constitution al- document unless they learn its history. Just as Seneca tells us that the test of lows states to grant letters of Marque They must learn about the consider- a strong man is adversity, so the true and Reprisal—it doesn’t—or citing able intellectual and physical energy test of the Constitution may be how cases over which the Supreme Court that those 55 men at Philadelphia ex- well it handles the unexpected. So far, has original, rather than appellate, ju- pended in drafting this document. They Mr. President, the Constitution has risdiction. One should not need a de- should read some of those debates, and passed that test with flying colors. It gree in constitutional history, or a they should read The Federalist Papers has seen us through two centuries of course in constitutional law, to know and discover for themselves the prin- staggering technological, economic, so- the name of the Speaker of the House. ciples, hopes, and fears that motivated cial, and political transformations. Indeed, answering many of the ques- the Framers. We may well be entering a new period tions I cited requires only a cursory fa- For the Constitution was not simply of upheaval which will further test the miliarity with current events. What’s handed down to us as the Old Testa- Constitution’s strength and elasticity. more, over half of the teens inter- ment God handed down the Command- Some have even suggested that we are viewed said they read or listen to the ments to Moses. To believe that would entering ‘‘a constitutional crisis.’’ I, news for at least 15 minutes daily, over be a disservice to the remarkable men for one, have greater faith in the Fram- half said their teachers discuss politics who toiled long and hard to produce ers’ handiwork. The Constitution sets at least a few times a week, and yet, the document. The Constitution is our up a clear process for investigating and only a handful could recall the names tangible connection with those men, resolving allegations of wrongdoing by of Newt Gingrich or William and with the founding events of this the Executive and other civil officers. Rehnquist. Republic some two centuries ago. The House is assigned the power of im- Where does the fault lie, Mr. Presi- So, I close where I began: with 38 peachment and the Senate the power to dent? With our schools, for failing to men gathered in a room at the Phila- try impeachments. The current situa- provide students with the most rudi- delphia State House some 211 years tion may well not result in impeach- mentary background in civics and gov- ago. While they may not have fully ap- ment, but if it does—and that is just ernment? With the media, for its shal- preciated the moment of the occasion— September 17, 1998 CONGRESSIONAL RECORD — SENATE S10459 how could they?—they had some in- I urge adoption of this amendment. I I do not think it is a question of forc- kling of it. And, of course, it was retain the remainder of my time. ing an enterprise to give money away. Franklin again who best captured the Mr. GRASSLEY addressed the Chair. What it is is a situation in which the spirit of the moment. Gazing at the The PRESIDING OFFICER (Mr. credit card companies have come to us back of the President’s chair, upon BURNS). The Senator from Iowa. and said, ‘‘There are all these irrespon- which the sun had been painted, Frank- Mr. GRASSLEY. Mr. President, I sible borrowers out there; we have to lin commented: yield myself such time as I consume. amend the bankruptcy laws so we are We have the chairman of the appro- I have often and often in the course of the protected.’’ Yet, when we point out Session, and the vicissitudes of my hopes and priate subcommittee willing to work they are punishing responsible borrow- fears as to its issue, looked at that behind with Senator REED to address this ers, they rise up and say, ‘‘That is an the President without being able to tell problem in the Banking Committee. imposition on us.’’ whether it was rising or setting: But now at My opposition to this is not so much a If we believe in responsible borrow- length I have the happiness to know that it matter of substance but of procedure ing, we should support this amend- is a rising and not a setting Sun. and not usurping the authority of that ment. Today, 211 years later, that sun con- committee. It does need to be studied. I yield back my time. tinues to be in the ascendant. I hope I can tell you that in the Grassley-Dur- Mr. GRASSLEY. I move to table the and pray that it will remain so for an- bin amendment, we have enhanced dis- amendment. other 211 years. closure requirements to help consum- The PRESIDING OFFICER. All time f ers. has expired. While I respect the Senator’s view on Mr. GRASSLEY. I ask for the yeas CONSUMER BANKRUPTCY REFORM price controls, my view is that forcing ACT OF 1998 and nays. a credit card company to offer credit The PRESIDING OFFICER. Is there a The Senate continued with the con- when it has made a business deter- sufficient second? sideration of the bill. mination that it would lose money will There appears to be a sufficient sec- AMENDMENT NO. 3596 only force increased prices on other ond. The PRESIDING OFFICER. Under consumers. This is something that the The yeas and nays were ordered. the previous order, there will now be 5 Banking Committee needs to take a The PRESIDING OFFICER. The minutes of debate equally divided on very serious look at and do it before we question is on agreeing to the motion the Reed amendment, No. 3596. Who do something that may help some but to lay on the table amendment No. yields time? The distinguished Senator may also hurt others. 3595, offered by the Senator from Rhode from Rhode Island. Mr. President, I am going to ask that Island, Mr. REED. The yeas and nays Mr. REED. Mr. President, I yield my- this amendment be tabled after the have been ordered. The clerk will call self such time as I may consume. Senator from Alabama speaks. I yield the roll. The PRESIDING OFFICER. The Sen- my remaining time to the Senator The assistant legislative clerk called ator is recognized. from Alabama. the roll. Mr. REED. Mr. President, this The PRESIDING OFFICER. The Sen- Mr. FORD. I announce that the Sen- amendment is a very straightforward ator from Alabama has 1 minute 58 sec- ator from South Carolina (Mr. HOL- one. It would prohibit credit card com- onds. LINGS) is necessarily absent. panies from penalizing or terminating Mr. SESSIONS. Thank you, Mr. The PRESIDING OFFICER. Are there customers who pay their bills on time. President. any other Senators in the Chamber de- The effect of this will be to require The core principle of this bankruptcy siring to vote? mandatory lending at no possible profit legislation that we are debating today The result was announced—yeas 47, for a credit card company. We have is responsible borrowing, and being re- nays 52, as follows: 6,000 credit card issuers today. They sponsible for your debts. Here, we have [Rollcall Vote No. 273 Leg.] are all providing different services; a population of the most responsible YEAS—47 some charge a fee and you have to pay borrowers, those who pay their bills Abraham Frist McCain monthly, others don’t. It is just not timely and full each and every month. Allard Gorton McConnell right for us, without a hearing, to even But what is happening is that there is Ashcroft Gramm Nickles impose on a credit card company a Bennett Grams Roberts a growing movement among credit card duty to lend money in a way in which Brownback Grassley Santorum companies to penalize these individuals Burns Gregg Sessions they will never be able to make a re- or to terminate their credit arrange- Chafee Hagel Shelby turn. Coats Hatch Smith (NH) ments. I think it is wrong and I think I don’t think we need to be entering Cochran Helms Smith (OR) we should do something about it here Collins Hutchinson Snowe into wage-and-price controls. We have Coverdell Inhofe Stevens today. a very vigorous free market, and, for The credit card industry claims it is Craig Kempthorne Thomas the first time, interest rates are begin- DeWine Kyl Thompson too expensive to maintain these ac- ning to come down because we do have Domenici Lott Thurmond counts. Frankly, if you look at the Enzi Lugar Warner a lot of credit card companies compet- Faircloth Mack charges that they receive from mer- ing out there. I think we ought not to chants on each transaction, the very intervene at this time. This is an un- NAYS—52 substantial interest rate that they wise amendment. I understand the mo- Akaka Feingold Lieberman Baucus Feinstein Mikulski charge for outstanding balances, and tivation behind it. It is not appro- also the membership fees which now Biden Ford Moseley-Braun priate, and I oppose it strongly at this Bingaman Glenn Moynihan seem to be ubiquitous, those claims time. Bond Graham Murkowski seem to be very hollow. Indeed, this The PRESIDING OFFICER. The Sen- Boxer Harkin Murray should be an issue about not only re- Breaux Hutchison Reed ator from Rhode Island. Bryan Inouye Reid sponsibility but fairness, and also Mr. REED. Mr. President, how much Bumpers Jeffords Robb about whether we really do believe time do I have remaining? Byrd Johnson Rockefeller that if people conduct their lives ap- The PRESIDING OFFICER. Forty- Campbell Kennedy Roth propriately, pay their bills on time, are Cleland Kerrey Sarbanes nine seconds. Conrad Kerry Specter responsible, that they should end up Mr. REED. Thank you, Mr. Presi- D’Amato Kohl Torricelli being penalized. dent. Daschle Landrieu Wellstone If we are talking, today, in this legis- The credit card companies make a Dodd Lautenberg Wyden Dorgan Leahy lation, about responsible borrowing, great deal of money even on those indi- Durbin Levin how can we allow the most responsible viduals who pay their bills on time. borrowers in our society, ones who pay They have membership fees, fees from NOT VOTING—1 their bills each and every month, to be merchants when the transaction is Hollings punished by these credit card compa- processed, and they have additional The motion to lay on the table the nies? ways to acquire fees. amendment (No. 3596) was rejected. S10460 CONGRESSIONAL RECORD — SENATE September 17, 1998 Mr. REED. I ask unanimous consent number of people who would like to The amendment corresponds to my to vitiate the yeas and nays on the speak. It is an important amendment bill, S. 885, called the Fair ATM Fees amendment. and one we have tried to have consid- for Consumers Act, which currently The PRESIDING OFFICER. Without ered by the full body. Then if the oppo- has 11 cosponsors. It would amend sec- objection, it is so ordered. sition wants 5 minutes, that is fine. tion 903 of the Electronic Fund Trans- The question is on agreeing to the That would still keep it under a half fer Act to prohibit ATM surcharges im- amendment. hour. posed by ATM operators directly upon The amendment (No. 3596) was agreed Mr. GRASSLEY. Mr. President, that noncustomers using their machines. to. is OK—with a motion to table at the The big banks would have you believe Mr. REED. Mr. President, I move to end of the time. that if this amendment passes, ATMs reconsider the vote. The PRESIDING OFFICER. Is there are going to disappear. Absolute non- Mr. GLENN. I move to lay that mo- objection? sense. Hogwash. It is simply not true. tion on the table. Without objection, it is so ordered. If they get rid of ATMs, then they are The motion to lay on the table was The Senator from New York is recog- going to have to open up more agreed to. nized. branches and hire more people, and it is going to cost banks more money. Mr. GRASSLEY. I ask unanimous AMENDMENT NO. 3597 TO AMENDMENT NO. 3559 consent we now move to the D’Amato Well, a transaction performed by a tell- (Purpose: To amend the Electronic Fund er at a bank branch does cost more amendment, regarding ATMs. Transfer Act to limit fees charged by fi- The PRESIDING OFFICER. Without nancial institutions for the use of auto- money. objection, it is so ordered. matic teller machines, and for other pur- Let’s take a look at the genesis of Mr. GRASSLEY. As soon as this is poses) the ATMs. When they were initially in- disposed of—which we don’t think will Mr. D’AMATO. Mr. President, I send troduced to the consumer, great prom- take very long—we will move to the an amendment to the desk and ask for ises were made. Indeed, the banking Dodd amendment. its immediate consideration. community, I believe, had the support The PRESIDING OFFICER. Will the The PRESIDING OFFICER. The of just about everybody, including con- Senator restate his unanimous consent clerk will report. sumer groups, when they said: Look, we’re moving into the modern era and request. The assistant legislative clerk read the utilization of ATMs will save con- Mr. GRASSLEY. Mr. President, I ask as follows: sumers money, it will reduce trans- unanimous consent that we now move The Senator from New York [Mr. to the consideration of Senator actional costs. D’AMATO], for himself, Mr. CHAFEE, Mr. Those benefits, indeed, were supposed D’AMATO’s amendment to the bank- DODD, Mr. BRYAN and Ms. MOSELEY-BRAUN, to be passed on to the consumer. It ruptcy bill, and immediately upon dis- proposes an amendment numbered 3597 to made sense. Indeed, a network was set posing of that, which we hope to do amendment No. 3559. up—a network owned by Cirrus and fairly shortly, we move then to the Mr. D’AMATO. Mr. President, I ask Plus, really owned by the large money Dodd amendment, and we would have unanimous consent that reading of the center banks. Interestingly, in order to 40 minutes on the Dodd amendment, amendment be dispensed with. induce others who may have started evenly divided. The PRESIDING OFFICER. Without rival networks, they said: Don’t worry, The PRESIDING OFFICER. Is there objection, it is so ordered. use our network, use the ATMs that we objection? The amendment is as follows: establish, because we will prohibit a Mr. DODD. Reserving the right to ob- At the appropriate place, insert the follow- double charge, a surcharge on top of an ject, and to inquire of the managing ing new section: initial fee. So, therefore, those who Member, there would be no second-de- ll SEC. . PROHIBITION OF CERTAIN ATM FEES. might go into competition, such as the gree amendments. (a) DEFINITION.—Section 903 of the Elec- credit unions, the small community Mr. GRASSLEY. That is in the tronic Fund Transfer Act (15 U.S.C. 1693a) is banks, and others, do not have to go agreement. We have to certify which amended— through the cost and expense of setting amendment it is. (1) in paragraph (10), by striking ‘‘and’’ at up your own ATMs, because we will let Mr. DODD. Mr. President, I notify the end; your customers use our ATMs without the managing Member that it is the (2) in paragraph (11), by striking the period at the end and inserting a semicolon; and any additional charge. amendment on the credit card age (3) by adding at the end the following new Indeed, up until April 1, 1996, the net- limit. paragraphs: works prohibited double charges. That The PRESIDING OFFICER. Is there ‘‘(12) the term ‘electronic terminal sur- was a self-imposition to see to it that objection? charge’ means a transaction fee assessed by all of the financial services that were Mr. DURBIN. Reserving the right to a financial institution that is the owner or offered in the banking community object, is there going to be a time limi- operator of the electronic terminal; and ‘‘(13) the term ‘electronic banking net- would be available, there would be one tation on the D’Amato amendment? charge that the consumer’s own bank Mr. GRASSLEY. We felt that Sen- work’ means a communications system link- ing financial institutions through electronic could impose and pass along the money ator D’AMATO would offer his amend- terminals.’’. to the ATM operator. The bank would ment, and then I will move to table. (b) CERTAIN FEES PROHIBITED.—Section 905 be compensated, but there would not be Mr. DURBIN. Is there a time limita- of the Electronic Fund Transfer Act (12 any additional charge for those who tion? U.S.C. 1693c) is amended by adding at the end used an ATM that was not their bank’s. Mr. GRASSLEY. There is not. the following new subsection: Let me say that the Congressional Mr. DURBIN. Mr. President, reserv- ‘‘(d) LIMITATION ON FEES.—With respect to Budget Office reported that there were ing the right to object, we are supposed a transaction conducted at an electronic ter- more than 122,000 ATMs in the United to conclude by 2 p.m. to take up an- minal, an electronic terminal surcharge may not be assessed against a consumer if the States before double charges were per- other matter. transaction— mitted nationwide. So this rubric, this Mr. GRASSLEY. I ask unanimous ‘‘(1) does not relate to or affect an account nonsense, this incredible claim that, consent that we have 15 minutes for held by the consumer with the financial in- ‘‘Oh, we are concerned about consum- the D’Amato amendment and 5, which stitution that is the owner or operator of the ers and their choices, and we’re con- probably won’t be used, by the opposi- electronic terminal; and cerned that they won’t have these tion prior to the motion to table. ‘‘(2) is conducted through a national or re- ATMs,’’ that is just a lot of nonsense. Mr. DODD. Reserving the right to ob- gional electronic banking network.’’. Look at the facts—122,000 of the exist- ject, I would like 2 or 3 minutes on the Mr. D’AMATO. Mr. President, this ing ATMs, or 74 percent, were in place D’Amato amendment. amendment would end the monopolis- before double charges. Mr. GRASSLEY. I will give the Sen- tic, anticonsumer, anticompetitive Now, at last count, there were 165,000 ator my time. practice of ATM double charges once ATMs. So in the past 2 years, you have Mr. D’AMATO. Mr. President, I ask and for all. It is cosponsored by Sen- had approximately 43,000 new machines unanimous consent that we have 20 ators CHAFEE, DODD, HARKIN, BRYAN, come into use. That means that 74 per- minutes for the proponents. I have a and MOSELEY-BRAUN. cent—three-quarters of all the ATMs in September 17, 1998 CONGRESSIONAL RECORD — SENATE S10461 the United States—were in place before are taking out $100 or $200. But it is a effect of creating a good level, a less they were allowed to double charge. very big deal to senior citizens, to stu- decent level, and an understandable Now, under the amendment, which dents and to working families who take and rational level for fees and sur- has been cosponsored by many of my out $20, $30 or $40 at a time. charges and grace periods, and the like, colleagues, ATMs would still be profit- ATM surcharges account for more when it comes to credit cards. able. They have been raking in huge than $3 billion a year. The fees them- It was my hope that would occur here profits. selves are skyrocketing out of control. with the ATM issue. The problem is The banks were saving money be- The most common surcharge has in- that it just hasn’t happened at all. We cause they saved a dollar for each creased from $1 to $1.50. That is right, have had the opposite effect, in fact. transaction performed at an ATM rath- when they introduced it, it started at Banks seem to have become more in- er than at a bank branch—and they $1. It is now $1.50. Forty-four percent of terested in acting like sort of an elec- made a profit on the use of the ATMs. the ATMs charge $1.50 or more. It is tronic Jesse James—taking their cut But they weren’t satisfied with that. going to go higher and higher unless when the consumer wants to get access Oh, no. They had to say that: On top of Congress acts to stop it now. Keep in to their money. In fact, the Congres- that, we are now going to add another mind that this is a charge on top of a sional Budget Office puts this a little charge. Guess what we are going to tell fee that the consumer is already pay- more seriously in their study, noting: the consumer? A little flag goes up and ing to his or her own bank. It is a hid- Paradoxically, the increase in supply of says you will pay $1.25 more. den bank fee. But they are paying. ATM machines has not led to the kind of re- What is a person who, at lunchtime, A recent U.S. PIRG survey found duction that would generally follow from has to take out $20, $30, or $40 supposed that 83 percent of the banks charge supply and demand solutions. to do? Go running around looking for their own customers an average of $1.18 This is the Congressional Budget Of- an ATM that doesn’t have a double per transaction whenever they use an- fice testimony. My concern over the charge? No. The people are stuck. They other ATM. When you add the most practice of surcharging was augmented are running late, or maybe it is getting common charge to the average fee, by some other developments as well. dark. Are you going to go searching for that is $2.68. That is about $200 a year First was the decision by a major na- an ATM that doesn’t have that little for a family that uses an ATM six tional bank to sue the State of Con- flag going up? Or are they going to times a month. That is outrageous. necticut, my home State, to overturn look for one that doesn’t exist, because Several States, including Connecti- my State’s ban on surcharges. This their bank, under the inducement cut—the State of my colleague, Sen- demonstrated to me that the banking years ago that they need not partici- ator DODD—Iowa, and Massachusetts industry was unwilling to allow the in- pate and open up their own ATMs, they are waging battles to ban double dividual States to make their own pub- said, ‘‘We will rely on the network charges at the State level. But there is lic policy decisions about this practice. rather than try to find that mythical a question as to whether these meas- As a result, it has become very clear one’’? ures would apply to federally chartered that only Federal legislation would If you tried to find one in Washing- banks. allow my State of Connecticut to ton, DC, you would not find one. Nine- That is why Congress has to act. It maintain the protections for its citi- ty percent of them in this region dou- has to act in order to preserve competi- zens that it has chosen to enact. ble charge. If you don’t go to the insti- tion—in order to see to it that this mo- In fact, the attorney general of my tution where you do your banking, you nopolistic practice does not deprive State, Richard Blumenthal, came to are going to get whacked. This whack- people of real choice. Washington and testified strongly in ing costs the American people more Mr. President, I hope my colleagues favor of the D’AMATO amendment. Let than $3 billion more—$3 billion. The will look to help the little guy. This is me quote him. He said: average family that uses another an opportunity to give them the pro- Federal legislation is vitally necessary to bank’s ATM six times a month is going tection they so desperately need. clarify our State’s ability [a State rights to pay about $200 a year more. I yield the floor. issue] to enact such a prohibition. In addi- Do you know who it hurts? It hurts Mr. DODD addressed the Chair. tion, Federal legislation is necessary to en- the little guy. It hurts the person who The PRESIDING OFFICER. The Sen- sure that consumers are protected from such draws out that $30, $40 or $50, because ator from Connecticut is recognized. fees whenever they use an ATM. the surcharge, which averages about Mr. DODD. Mr. President, how much Also, let me note that despite Con- $1.27, is paid in addition to the initial time remains on the amendment of the necticut’s ATM surcharge ban, the charge. Consumer groups have esti- Senator from New York? largest bank in my State announced, mated the two charges average about The PRESIDING OFFICER. Ten min- on July 14, that it was going to close $2.68 together. utes 29 seconds. some branches and open more ATMs Here is somebody trying to get out Mr. DODD. Mr. President, I ask that around the State. The results rebut the their $20 or $30 or $40—a senior citizen, I use, say, 5 minutes and be notified argument that banks won’t open new a college student—and there is a $2.68 when 5 minutes have transpired so that ATMs if this amendment passes. This charge. That is a lot of money coming the author of the amendment has some is a living example where you have a from the little guy. That is a heck of additional time at the end to conclude ban, a moratorium on any new sur- an interest rate. Years ago that would his remarks. charges, and, yet, they are expanding be called ‘‘usury’’—usury to get your Mr. President, there is little question the ATMs in my State. own money. That is really incredible. that the surcharges seem to have be- So, clearly this ban, this legislation That is why we have come forth with come the No. 1 complaint by many con- that is being offered by the Senator this amendment. Some people say, sumers and consumer groups all across from New York, would not produce the ‘‘Why are you getting into the private the Nation. Part of the reason for the results that its opponents are claiming. sector?’’ I will tell you why. What you increasing complaints in this area is Second, community banks in my have today is anticompetitive. Banks the speed with which the surcharges State have expressed deep concerns say consumers always have a choice to have become attached to the ATM ma- that ATM surcharging could be used to use an ATM that does not double chines. give large banks with extensive propri- charge. That is a joke. Seventy-nine Frankly, I say to the Chair, and my etary networks an unfair advantage percent of the ATMs are now double colleagues, I was not an early sup- over community banks with fewer ma- charging. I predict that by the end of porter of the prohibition of these fees. chines. Smaller banks are worried the year that number will be over 90 When it was first proposed by the Sen- about this—not only consumers, but percent. This is a situation where the ator from New York, I argued that we smaller banks are. This is particularly consumer has little, if any, choice. ought to let the market dictate how troublesome because of the regulatory Many of my colleagues have said to these fees would be set, convinced, as and legislative decisions that allow me, ‘‘What is the big deal? It is only a had happened with the credit card banks to use the ATMs in the first couple of dollars.’’ It may not be a big issue, that competition within the place where, based upon the concept of deal to us to pay an extra $3 when you marketplace actually had the desired universal access to the network, the S10462 CONGRESSIONAL RECORD — SENATE September 17, 1998 large banks are reneging on that com- marketplace, promoting predatory those transactions could have been mitment. That is how they got this in prices. Competition in this instance is completed at an ATM. the first place. This was going to be not about providing the best services Certainly ATMs are a convenience universal access. They have basically for the best prices, rather it is about for customers, but the truth is that backed off that commitment. forcing your rivals out of the market- banks have deployed more ATMs be- Lastly, I have become very concerned place by raising their costs. cause it means lower costs to banks. over changes in bank underwriting And these costs are spreading. ATM I remember when banks paid their standards for commercial loans and for surcharges have soared since 1995, and customers for the use of their money. credit card companies, which I have consumers paid between $2.5 and $3 bil- Today, however, it’s increasingly ex- raised before and which was the subject lion in surcharges last year. This figure pensive for the average working family of a front page Washington Post article is in addition to the almost $1 billion to manage even a simple banking ac- today. It is a great concern where you in interchange fees already collected count. Americans who make timely have now these normal banking fees for these same transactions. Seventy credit card payments, or no payments being replaced by surcharges and the percent of all banks currently impose a at all, face higher fees. Americans who like as a way of offsetting lowering the surcharge, and the most common sur- avoid special banking services are con- standards for credit. This ought to be a charge has risen from $1 to $1.50 over sidered unprofitable customers, and great concern of all of us. And the the last year. face higher fees. Washington Post article highlights If current trends continue, few ATMs Now, with ATM surcharges, Ameri- this. You can lower your standard on will remain that have no surcharge, cans are discovering that they must credit card allocation, because you can and consumers, despite surcharge pay banks more than an additional $155 make up whatever the losses would be warnings most institutions post on the each year simply to access their own in this area. I think putting this issue computer screen or on the machine, money. aside is a very dangerous road for us to will truly have no alternative but to be The market is out of whack. The pub- be going. charged twice for the same trans- lic knows this is unfair, and their vis- As I reviewed the materials in prepa- action—especially now that some insti- ceral reaction is a response to market ration for the Banking Committee tutions are surcharging their own cus- excess. hearing, I couldn’t help but be struck tomers. I am hopeful that the financial indus- by the fact that loan standards and I am aware that there are some costs try will take the necessary steps to credit card underwriting standards to convenience. The number of ATM remedy this problem. If they do, I do have slipped as revenues from fees, machines has more than quintupled not believe this provision should be- which are almost pure profit, have es- over the last decade. Americans used come law. Banks in some states have calated. I can’t help but wonder wheth- ATM machines billions of times last demonstrated a willingness to address er the profit from these fees—$3 billion year, accessing their bank accounts this issue. I call on the rest of the in- in ATM fees and $1.1 billion from fees and other financial services 24 hours a dustry to follow their lead. Otherwise, charged their own customers when day, seven days a week. However the the government has a duty to correct someone else bounces a check—aren’t practice of surcharging has actually re- the abuse of double charging people for giving bank officials a false sense of se- sulted in less convenience for many accessing their own hard-earned dol- curity about their lending practices. If customers. The result of surcharges is lars. In an era of unprecedented bank true, then this may be the most corro- ‘‘the incredible shrinking ATM net- profits, it is clearly a case of greed over sive effect aspect of the recent boom in work,’’ far less convenience, longer need. I strongly support this amend- consumer banking fees of all types. searches and longer waiting lines for ment and urge all of my colleagues to For those reasons, Mr. President, I those who seek to avoid these double do the same. believe the D’Amato amendment de- fees. As the Federal Reserve Bank of Mr. President, there are sound eco- serves to be adopted by this body. I New York concluded, ‘‘to avoid sur- nomic reasons why this proconsumer urge my colleagues to do so. charges, many consumers are likely amendment ought to be passed. Wheth- Ms. MOSELEY-BRAUN addressed the visiting ATMs that are less convenient er you care about consumer issues or Chair. than those used previously.’’ I know banks, you ought to support Senator The PRESIDING OFFICER. Who there are costs associated with deploy- D’AMATO’s amendment, which I am yields time? ing these new machines, handling in- proud to cosponsor. Mr. D’AMATO. I yield 2 minutes to creased transactions, and other main- I thank the Chair. I thank Senator the Senator from Illinois. tenance and safety issues. However, D’AMATO. I yield the floor. Ms. MOSELEY-BRAUN. I thank the consumers are paying quite a bit for The PRESIDING OFFICER. The Sen- Senator from New York. I congratulate the marginal ‘‘convenience’’ of these ator from New York. and commend the Senator from New additional machines. According to Mr. D’AMATO. Mr. President, I do York for his leadership in this area. David Balto of the Federal Trade Com- not know if there is anyone here ready Mr. President, I am proud to be a co- mission, assuming that surcharging to speak in opposition. sponsor of this amendment to ban ATM has lead to the deployment of 40,000 I see the Senator from Alabama. surcharges. Over the past two years, new ATMs, the more than $2.5 billion Mr. SESSIONS addressed the Chair. the Banking Committee on which I in surcharges last year means that cus- The PRESIDING OFFICER. The Sen- serve has held numerous hearings on tomers paid over $60,000 for each new ator from Alabama. this issue. I think it is important to ATM. Furthermore, banks do not just Mr. SESSIONS. I know this is a good- note that every time we have one of surcharge on new ATMs in remote lo- sounding and popular-appearing bill, these hearings, more studies confirm cations, but on all of their machines. but I am not one who enjoys going to what we have said all along: the prac- Therefore, many customers who may banks and going in banks. Over the tice of surcharging is anticompetitive, never use one of these new, remote years, I have thoroughly enjoyed the it exploits consumers and it should be ATMs pay for the ‘‘convenience’’ of opportunity to obtain the cash I need banned. having it exist. on a daily basis from ATM machines. When I was in law school at the Uni- Moreover, it should not be forgotten In fact, it allows you to carry less cash versity of Chicago, I was taught that that banks moved customers to ATMs in your pocket, and you can find ATM competition in a free market is sup- because, compared to teller trans- machines everywhere. They are explod- posed to be all about lowering prices actions, ATMs were cheaper. According ing to every corner of America. Busi- and providing better services to your to a 1996 Mentis Corporation study, an nesses have them. Grocery stores have customers in order to maintain market ATM cash withdrawal from an in- them. And they cost money—$30-, $40-, share. However, competition in a world branch ATM costs an average of 22 to $50-, $80,000 to put in one of those ma- of surcharging is like Alice in Wonder- 28 cents, while the cost of a teller chines. land, where nothing is as it should be. transaction is 90 cents to $1.15. And in So it has been a remarkable, wonder- Surcharging actually encourages the some cases, banks charge customers for ful advancement for the people of abuse of a dominant position in the completing transactions with a teller if America, that they can obtain money September 17, 1998 CONGRESSIONAL RECORD — SENATE S10463 on virtually any corner of a city, at Mr. President, I believe that on this the fees allow banks to provide ATMs their grocery store, at their bank, at bankruptcy bill, we ought not to be in more locations, making it more con- their gas station, and so forth. This has dealing with banking issues and credit venient to do our banking. been a wonderful advancement. card issues. Those are matters that If the D’Amato amendment is ap- It seems to me particularly odd that ought to be held in those committees proved, two things will happen. we would say that a bank which is and, in fact, they have been consider- First, banks will immediately re- servicing someone who is not their cus- ing it. I urge the Members of this body evaluate the economics of all their tomer, who does not have an account to wait for another forum, another ATMs, and those that are the least at their bank, and yet they might have time to deal with this issue and reject cost-effective will simply be removed. spent $50,000 to put in this ATM ma- this amendment because it is not good Rural areas, like those in my State of chine, cannot charge a fee for it; that economics. It is not good public policy Montana, will be particularly hard hit. someone can use their machine with- to limit the expansion and the conven- The low volume of usage, combined out being able to charge a fee. It seems ience and accessibility of ATM ma- with the higher cost of maintenance to me that would be an unreasonable chines. because of the distances involved, will thing. I think most banks don’t have it I thank the Chair. make many rural ATMs unaffordable free for their own customers. Mr. BAUCUS. Mr. President, I rise in for the sponsoring banks. I wish to make a number of points. opposition to the amendment offered Let me give you just one example While this fee, I don’t suggest, would by the Senator from New York. First sent to me by the 1st Bank of Sidney, eliminate all ATM machines, I think it let me say that I have a great deal of Montana. Sidney is a town representa- is quite reasonable to suggest that it sympathy for the problem that the tive of a lot of towns throughout Mon- would eliminate marginal machines, Senator is attempting to address. When tana and other rural parts of our coun- and as we know when we take money banks first began to install ATM ma- try. 1st Bank has an ATM machine at out of an ATM machine, it pops up on chines, I remember the reluctance a 24-hour gas station and convenience the screen how much the fee is. So if many consumers expressed about this store located on the main street you are at a grocery store and you have new technology. They were worried through town. Even with the current your own bank machine down the about whether their deposits would be ATM fee, 1st Bank lost almost $8,000 on street, but you would like to get your safe, whether strangers would find it that machine in 1997. Now $8,000 cash in the grocery store and they are easier to get into their bank accounts doesn’t sound like a lot of money, but not going to service you but for $1.50, and steal their money. The banks ini- in states like Montana, believe me it you do have a choice. You have your tially sold consumers on the use of the can be. choice of going to your bank or going I don’t know whether 1st Bank will to a machine that may charge less. machines by calling them a cost-saving I hope and expect that as we have an measure—ATMs were supposed to help close this particular ATM if they are expansion of machines, we may well banks cut costs by allowing them to not allowed to recoup at least part of find some of these fees will begin to serve more people for longer hours, their costs by charging a fee. I do know drop rather than increase, and that has without the need for high employee that right now, hundreds of Montanans been the pattern in free enterprise salaries or costly new branches. who used that machine in 1997 had a since its beginning. So it seems to me In those early years, it appeared that choice—if they didn’t think the con- that what we are suggesting is that on these claims were paying off. And con- venience of the machine was worth the a bankruptcy bill, where at least with sumers became addicted to the conven- $1.00 fee, they didn’t have to use the regard to this committee that deals ience. No longer did you have to spend machine. with bankruptcy we are tacking on a your lunch hour at the bank’s drive-in If the ATM is removed because the credit card banking issue that was not window to deposit a paycheck—you bank decides it isn’t worth the cost, we part of the markup on this bill, it could could do it after work at the ATM in- have legislatively taken from these jeopardize the bill and not be relevant stead. Consumer demand also led to an consumers the ability to make that to what we are considering. unexpected growth of ATM machines choice. They won’t be able to decide on I note that the Banking Committee located in businesses other than banks. their own whether the convenience is on July 30 on a bipartisan 11-to-7 vote Now you can do your banking at the worth the cost. We will force them to rejected this amendment. They consid- grocery store, the convenience store, find other ways to do their banking. ered it in some detail, and that com- the airport—any other place where Approval of the D’Amato amendment mittee, after careful consideration, there is demand. will also have a second consequence, balancing the great utility and advan- But the economics of operating that I believe we need to consider. tage of having ATM machines at vir- ATMs in those remote locations are Right now, those who use ATMs pay for tually every corner versus the cost of not the same as operating them in the the convenience. In places where the it, have opted in favor of allowing the bank building itself. It is a lot more ex- fees don’t cover the costs of operating continued expansion and convenience pensive to service the machines, col- the machines, those of us who don’t use of more and more machines. I do not lect and process deposits every day, or ATMs, or don’t use them frequently, think there is any doubt that the to provide security. And the net- help subsidize those who do. Eliminat- growth in availability of machines will working banks have provided means ing the ability to charge those who end and, in fact, it is likely that we more consumers are using ATM ma- benefit from the convenience of an will have a reduction in the number of chines at banks other than their own— ATM simply makes it that much more machines, therefore reducing conven- again with higher operating costs. difficult for the rest of us to avoid ience. The convenience of banking virtually these charges. Many bank machines are totally de- any place at any time has its cost. The old adage ‘‘there is no free pendent on access fees, and many of ATM fees allow banks to recoup at lunch’’ is very applicable here. Some- these are particularly convenient to least some of those costs from the con- one has to pay the cost of operating an small businesses and small grocery sumers using the services. ATM. If we prohibit banks from charg- stores. Many new ATMs in rural and I know that ATM fees rankle those of ing those who use ATMs, it simply other low-volume, high-convenience us who don’t appreciate having to pay means everybody else will end up pick- sites operated by nonbanks will be eco- a fee to have access to our own money. ing up the tab. And it won’t matter nomically unfeasible. They will be And I also understand the arguments of whether we discipline ourselves to do closed. They will not exist. You simply the Senator from New York and others our banking inside the bank, through have to be able to make a profit if you who claim big banks are making large the drive-in window, or electronically are going to provide a service. Nobody profits from their fees. in order to avoid the fees. Every trans- is going to invest $30-, $40-, $50,000 if However, I also believe that ATM action will carry part of the cost of op- they do not have any prospect of a re- fees represent the purest form of user erating that ATM, because it will be turn. We know that. We talk about the fee. If consumers don’t want to pay the built into the banks’ operating costs. big banks, but it is not always big fees, they don’t have to use the ATMs. Mr. President, I don’t think those of banks that are involved. But for those who are willing to pay, us here in Washington, DC, should be S10464 CONGRESSIONAL RECORD — SENATE September 17, 1998 dictating to consumers how to do their This is especially a problem for con- large amount of money at one time. banking. I believe consumers should be sumers in under-served areas. The consumers who end up paying allowed to continue deciding for them- Because they lack ready access to these fees are those who have the few- selves whether the convenience of an their bank or credit union, those con- est options: their money is tighter, or ATM is worth the cost. If enough con- sumers are much more dependent on they are in an emergency situation, or sumers decide the answer is no, the ATMs for every day financial services. they don’t understand the system marketplace will correct itself. Banks Mr. President, let me note here that enough to avoid these fees. Do we want will be forced to reduce fees and cull not all ATM networks subject consum- to protect the rights of the banks to out less profitable locations. ers to this double billing. take advantage of those consumers? But this will happen in response to I understand there have been efforts, The banks now charge the consumer consumer demand, not legislative fiat. especially by community banks, to at every turn. They first said that tell- I believe this it the right answer. form networks that explicitly do not ers were too expensive and encouraged I urge my colleagues to vote against charge consumers twice. us to use machines. Now they charge the D’Amato amendment. While I applaud those efforts, they both the consumer, and the consumer’s Mr. FEINGOLD. Mr. President, I am may not be enough. bank, for the privilege of using the pleased to support the amendment of- Mr. President, in addition to the fun- ATM machine. fered by the Senator from New York damental unfairness of these double This gouging of the consumer has to (Mr. D’AMATO). charges to consumers, I am troubled stop! This amendment is about simple fair- that this fee structure may also put Some have argued that we should ness. smaller banks and credit unions at a allow banks to police themselves on Mr. President, banks, credit unions, competitive disadvantage. this issue. In my home state of Massa- and the other owners of automatic tell- Customers seeking to avoid these chusetts, for example, the Massachu- er machines are entitled to be com- double charges may move their ac- setts Bankers Association has worked pensated for the service they offer. counts to larger banks that own these to organize fee free alliances between But consumers are also entitled to be broad-based ATM networks, and as big and small banks so that consumers treated fairly. we’ve seen recently, these big banks can use machines statewide and avoid The D’Amato amendment strikes are now merging with each other, surcharges. This is a terrific program, that balance. which will only make matters worse and I compliment the MBA for develop- This amendment does not fix prices. for their smaller competitors. It does not limit what ATM owners ing it. Indeed, Mr. President, in this regard Truly progressive organizations, like may charge for using their machines. there have been some troubling devel- It simply prohibits charging consum- Fleet Bank which operates throughout opments in the past few weeks. New England, have agreed not to ers twice for the same service. In particular, I was disturbed to hear charge fees for ATM use in low and Mr. President, consumers become reports that the Department of Justice moderate income communities. This is subject to ATM charges when they ob- is investigating whether or not some of progressive corporate policy, and I sa- tain an ATM card through their bank the large ATM networks are engaging lute them for it. or credit union. in illegal restraint of trade by seeking These financial institutions can be a While the consumer’s bank or credit to prevent smaller banks from forming model for the nation. union often has its own ATM machines those very alliances that promise not at which account holders can bank, in- Unfortunately, there are not enough to double charge consumers. banks like those in my home state. creasingly, banks and credit unions Mr. President, this amendment will And so we must pass this amend- join a network of ATMs to give their end double-billing at ATMs. ment. We have heard from consumers, account holders greater access. It will ensure fairness for consumers, and they have had enough. Mr. President, when your bank or and it will put a stop to efforts that un- I know banks have heard from their credit union joins an ATM network, it dermine the ability of our smaller com- customers in response to these charges. pays what is called an interchange fee munity financial institutions to retain They have complained about it, loud to the network, and your bank or cred- their customer base. it union may pass the cost of that Mr. President, it’s time to demand and clear. If banks had been proactive and re- interchange fee directly to you, or it fairness for ATM users. may just add it into their overall cost Paying additional fees at the ATM is sponded by policing themselves, we of doing business—a cost that account something consumers can afford to live would not be compelled to pursue an holders help to bear. without. amendment such as this. But, Mr. President, consumers are Mr. KENNEDY. Mr. President, I rise These exorbitant charges are an out- now being forced to pay an additional in support of Senator D’AMATO’s rage! The Senate must act to protect fee, a surcharge, for using a network amendment to ban ATM surcharge the consumer from excessive charges. ATM. fees. In a time in which we are debating When that happens, the consumer is This is good policy, and we all ought bankruptcy legislation, which has been being billed twice for the same trans- to vote in favor of it. supported strongly by banks and credit action—once by their own bank, and These fees, which in some instances card companies, we also need to enact once by the ATM owner. have reached exorbitant levels like $5 some provisions which will help the Mr. President, consumers who are al- or $10 per transaction, are charged working men and women of this coun- ready charged by their own banks or against consumers to access their own try. credit unions for using an ATM feel money. We must end the gouging of the that once is more than enough. The large bank networks, which typi- American consumer! I urge my col- When consumers are charged twice cally operate the automatic teller ma- leagues to join with me in supporting for the privilege of accessing our own chines, already charge a transaction Senator D’AMATO’s amendment. hard-earned money through an ATM, fee to smaller banks for the use of their Mr. SPECTER. Mr. President, the it’s time for this body to take some ac- network. D’Amato amendment to limit fees tion. These surcharges are a second charged by financial institutions for Mr. President, not only are consum- charge, directly to the consumer, for the use of automatic teller machines is ers now being asked to pay twice for the privilege of using the machine. a very close question, in my opinion, the privilege of accessing their own Some have argued that consumer be- because it pits the consumer’s interest money, the second fee, or surcharge, havior has changed, so that consumers in avoiding potentially excessive bank often represents a big portion of the can learn how to minimize surcharges. charges against existing market forces cash they want to withdraw. They can do this by getting cash back where ATM machines provide signifi- The Senator from New York noted on debit card purchases, or by taking cant convenience for the depositor’s ac- consumers may be hit with a surcharge more money out at one time. cess to cash. of $3 or more just to take $20 out of But these are the savvy consumers, On this state of the record, I do not their account. or those who are able to take out a believe that there has been a showing September 17, 1998 CONGRESSIONAL RECORD — SENATE S10465 of excessive charges on the part of the sider other approaches to help put the sure I will use any time. If Senator banks. This issue might well be revis- brakes on ATM price gouging. Unfortu- GRASSLEY is comfortable with it, I ited in the Banking Committee with nately, the amendment that Senator withdraw my objection. hearings, as opposed to being a floor D’AMATO offered today is one that I Mr. D’AMATO. I thank the Senator. amendment on this bill where the Judi- could not support because it may inad- I yield 3 minutes to Senator BRYAN. ciary Committee, on which I serve, did vertently hurt rural America. Mr. BRYAN. Mr. President, I thank not have the benefit of an evidentiary Mr. GRASSLEY addressed the Chair. the distinguished chairman of the sub- record on the issue of excessive The PRESIDING OFFICER. The Sen- committee for his leadership on this charges. ator from Iowa. issue. The banking industry is enjoying On the other hand, I do believe that Mr. GRASSLEY. I ask unanimous its sixth straight year of record profits, there is substantial benefit and conven- consent that at the conclusion of the which topped $60 billion last year. That ience to the consumer who has access debate, the pending D’Amato amend- is good news. But unfortunately, as to a cash withdrawal, far from home, ment be temporarily laid aside and the part of a growing trend, these record at unusual hours and under cir- Senate proceed to the debate on the profits are coming from an increasing cumstances where it is a significant Dodd amendment. I further ask that at proliferation of fees on bank cus- convenience to be able to get the cash. 2 p.m. the Senate proceed to a vote in tomers. The number of these separate I know that when I go to a conven- relationship to the Dodd amendment, bank fees has grown from 90 to 250 over ience store, for example, to buy milk, to be followed immediately by a vote the last 5 years. and pay a higher price, I dislike it; but on or in relationship to the D’Amato Last year, banks made more than $3 I am mindful of the fact that it is late amendment, with no intervening ac- billion alone on ATM surcharges. That at night or I don’t have to stand in a tion and 2 minutes of debate between is the new cash cow. And this is in ad- long line in a supermarket or it is on each vote. I further ask that the par- dition to the $1 billion banks are paid my way home. So, I grin and bear the tial-birth abortion debate begin imme- as part of the interchange fee, which somewhat higher charge. diately following the vote in relation- covers their cost of ATM transactions. In addition, there may be substantial ship to the Dodd amendment under the So, that is where the surcharge comes merit to the contention that if the 4 hours outlined in the previous con- in. The banks are already compensated Congress acts to affect the market on sent agreement. through an interchange system. They this issue that the ATM machines will The PRESIDING OFFICER. Is there are imposing an additional fee, a sur- not be available or may be very few in objection? charge, which Senator D’AMATO and I number to reduce this convenience. Mr. DODD. Reserving the right to ob- and others object to, which, in effect, Accordingly, on this state of the ject, I think the Senator means the imposes a charge twice on the cus- record, on a very close question, I am D’Amato amendment, at the conclu- tomer. voting against the D’Amato amend- sion of the vote on the D’Amato Mr. President, $1.50 or $2 for every ment. amendment. ATM withdrawal may not seem like a Mr. DORGAN. Mr. President, I rise to Mr. GRASSLEY. Yes. lot, but over the course of a full year it discuss briefly my thoughts about the Mr. DODD. I think the Senator said adds up to several hundred dollars. automated teller machine (ATM) fee the Dodd amendment. I think he means Many banks for years prohibited these ban amendment offered today by Sen- the D’Amato amendment. Is that cor- ATMs. In fact, three out of every four ator D’AMATO to the bankruptcy re- rect? ATMs that are in place today were form bill. Mr. GRASSLEY. Yes. built before surcharges were prohib- I share the concerns that Senator The PRESIDING OFFICER. Is there ited, so the argument that somehow D’AMATO and others have about the objection? The Chair hears none, and it prohibiting the surcharge would limit rapid, and seemingly unchecked, in- is so ordered. the availability of ATMs is simply a creases in ATM fees across this coun- Mr. D’AMATO addressed the Chair. specious argument. Two States that try over the past few years. There is The PRESIDING OFFICER. The Sen- come to mind immediately, Connecti- compelling evidence that some banks ator from New York. cut and Iowa, prohibit ATM sur- are charging exorbitant ATM charges Mr. D’AMATO. Might I inquire how charges, and there is no evidence to that impose an unnecessary and unfair much time I have remaining. suggest that customers in those two financial burden on bank customers. The PRESIDING OFFICER. The Sen- States are deprived of the option to use For many consumers, this happens ator has 2 minutes 53 seconds. ATMs. every time they use an ATM that’s not Mr. D’AMATO. Mr. President, I ask So, people, in effect, kind of feel en- owned by their bank. And there ap- unanimous consent, because I do not trapped. Initially the banks offered pears to be no end in sight to this ex- believe it will impede on the time allo- ATMs because they reduced the costs plosion in ATM fees. I do applaud the cated for consideration of the Dodd of their transactions. They are much work of Senator D’AMATO and others amendment—we will not go past 2 less expensive than the teller trans- for bringing attention to this growing o’clock—that we have an additional 5 actions. Customers responded because problem. minutes for the proponents because I of the convenience. A win-win propo- But regrettably, I was forced to vote have some Members here who would sition. Once customers got induced to against Senator D’AMATO’s amend- like to speak to this. use ATMs, then they got hooked, and ment, as drafted, because it failed to The PRESIDING OFFICER. Is there now they are being reeled in by the recognize that many of our rural com- objection? bankers with these new charges, be- munities have significantly higher Mr. SESSIONS. Mr. President, re- cause the average ATM transaction costs for providing many kinds of serv- serving the right to object, there are a cost is about 27 cents while a trans- ices. I’m afraid that adopting Senator number of amendments on this bill, action involving a teller costs the bank D’AMATO’s approach may actually be and we have to finish this bill by 2 roughly $2.93. harmful for people living in these high- o’clock. I just think that there has al- ATM charges are unfair, because the er-cost areas. In my judgment, this ways been an advantage on floor time consumer is charged twice for the same amendment might have forced some of for the proponents and not opponents. I transaction. Additionally, ATM sur- our banks to shut down existing ATMs know Senator GRASSLEY has no time. I charges have the anticompetitive ef- in more sparsely populated areas in our reluctantly object. fect of pressuring people to leave small state or made it too costly for them to Mr. GRASSLEY. I suggest we amend banks—which may be their choice—for install new ones in places where they it by giving 5 minutes to Senator SES- their larger banks, to avoid this double are needed. SIONS. charge or the surcharge. I urge my col- Let me be clear on this point. I would Mr. D’AMATO. Sure. If he would like, leagues to support the able and distin- have liked to support a proposal to 5 minutes each. I would ask that we guished chairman and to support this. stop those ATM owners who are charg- have—— Let me just tell you, both in Nevada ing excessive and, in some cases, out- Mr. SESSIONS. I would certainly go and around the world, this is how the rageous fees. And I’m willing to con- along with Senator GRASSLEY. I am not public views the ATM surcharge. You S10466 CONGRESSIONAL RECORD — SENATE September 17, 1998 will note from the chart there, the Mr. President, I yield the floor. I forms as it considers necessary to carry out ATM reaches out with a loaded pistol thank my colleagues for permitting us section 127(c)(5) of the Truth in Lending Act, and the customer is held hostage. That the additional time to make known our as amended by this section. is what these ATM surcharges are all thoughts and our views. The PRESIDING OFFICER. The about. The PRESIDING OFFICER. The Sen- Chair might say, under the previous I urge support for my colleague’s ator’s time has expired. order, there is 40 minutes equally di- thoughtful legislation, I yield the floor, Mr. D’AMATO. Mr. President, may I vided. and thank the Senator for extending inquire of the manager, does he intend Mr. DODD. Mr. President, one of the the privilege of the floor to me. to make a motion to table now? And most troubling developments in the The PRESIDING OFFICER. The Sen- then we will lay that aside and we can hotly contested battle among the cred- ator from New York. ask for the yeas and nays now? Would it card issuers to sign up new cus- Mr. D’AMATO. Mr. President, I com- that save time? tomers has been the aggressive way in mend both my colleague from Con- Mr. GRASSLEY. I move to table the which they have targeted people under necticut and Senator BRYAN from Ne- D’Amato amendment. the age of 21, particularly college stu- vada for their thoughtful presen- Mr. D’AMATO. Mr. President, I ask dents. We are engaged, obviously, in a tations. for the yeas and nays. debate about the bankruptcy bill here. I tell you, when I look at the ATM The PRESIDING OFFICER. Is there a The authors of this bill, and I commend cartoon over there, that Senator sufficient second? them for it, recognize there has been BRYAN has put up, it is interesting be- There is a sufficient second. an explosion of people who are taking cause that is exactly what is taking The yeas and nays were ordered. advantage of the Bankruptcy Act to place, particularly to so many young Mr. GRASSLEY. I move the D’Amato avoid their financial obligations. people who don’t have a choice, to the amendment be set aside. It seems appropriate in the context student who is at his college campus The PRESIDING OFFICER. By a pre- of this bill that we also recognize that and there are only one or two of those vious order, the Senator from Con- there has been an explosion of efforts ATMs around and everyone of them is necticut is recognized. to sign up younger people, particularly double charging. It is excessive—to AMENDMENT NO. 3598 TO AMENDMENT NO. 3559 on college campuses, to credit cards, think they are paying $2.68 to take out (Purpose: To amend the Truth in Lending recognizing that, as many have pointed their own money. If you are taking out Act with respect to extensions of credit to out, these students are ill prepared to $30 or $40 at a time, as many of the consumers under the age of 21) meet their own financial obligations. young people are, and many of our sen- Mr. DODD. Mr. President, I send an Inevitably, they either incur debt and ior citizens, that is usurious by any amendment to the desk and ask for its end up in tremendous difficulty or standard. immediate consideration. their parents assume the responsibil- The argument that somehow this is The PRESIDING OFFICER. The ities, which can occur with upper-in- going to hurt competition is rather pa- clerk will report. come people who can afford it. thetic. This has really hurt the small The bill clerk read as follows: Just this past August, to make the banks, the credit unions, because they The Senator from Connecticut [Mr. DODD] point, a fellow by the name of John were deceived into not getting into proposes an amendment numbered 3598 to Simpson, who is an administrator at competition while a huge network was amendment numbered 3559. the University of Indiana, said: built; 122,000 out of the 165,000 ma- Mr. DODD. Mr. President, I ask unan- chines were installed well before the This is a terrible thing. We lose more stu- imous consent that reading of the dents to credit card debt than academic fail- double charges. ure, at the University of Indiana. Let’s take a look and see. Since the amendment be dispensed with. The PRESIDING OFFICER. Without double charges, in the past 2 years, What I am trying to lay out here is a have been imposed—17 percent double objection, it is so ordered. proposal that is not outrageous. Basi- The amendment is as follows: charged going into 1996. The next year, cally, what it says is if you are be- it jumped to 59 percent. And the follow- At the appropriate place, insert the follow- tween the ages of 18 and 21—no con- ing year, 79—79 percent of all of the ing new section: tract is valid for someone under 18, so SEC. ll. EXTENSIONS OF CREDIT TO UNDERAGE a credit card obligation for someone ATMs are now double charging. They CONSUMERS. came into existence and were making a under 18 would be voided anyway. But (a) IN GENERAL.—Section 127(c) of the between 18 and 21, either show that in- profit before the surcharges. This is Truth in Lending Act (15 U.S.C. 1637(c)) is just a way of really doing what Senator amended— dividual has independent economic BRYAN’s description, the chart, showed (1) by redesignating paragraph (5) as para- means—a job or whatever—or parental so eloquently. You are really holding graph (6); and permission. If you can do that, fine, up the consumer, because it is anti- (2) by inserting after paragraph (4) the fol- then you can market and issue a credit competitive, antichoice. This number, lowing: card to those individuals. We set up 79 percent—that is temporary. We have ‘‘(5) APPLICATIONS FROM UNDERAGE CONSUM- separate standards on drinking in this ERS.— seen them grow. You will top out at country for those 21 and under, and for ‘‘(A) PROHIBITION ON ISSUANCE.—No credit tax purposes. It seems to me this little over 90 percent by the end of next year, card may be issued to, or open end credit there is no doubt. plan established on behalf of, a consumer window in here could save an awful lot So there is little choice. There is no who has not reached the age of 21 unless the of students, an awful lot of families, reason. It is anticompetitive, consumer has submitted a written applica- the kind of hardship. antipeople, and we should have the tion to the card issuer that meets the re- Let me lay out the case for you here courage to say enough is enough. Let quirements of subparagraph (B). on a factual basis. Solicitations to this our States determine whether or not ‘‘(B) APPLICATION REQUIREMENTS.—An ap- age group have become more intense this should be permitted. When the plication to open a credit card account by an for a variety of reasons. First, it is one State of Iowa and the State of Con- individual who has not reached the age of 21 of the few market segments in which as of the date of submission of the applica- there are always new faces to go after. necticut have attempted to ban double tion shall require— charges, surcharges, they have not seen ‘‘(i) the signature of the parent or guardian It is also an age group in which brand a diminution. But now, even their law of the consumer indicating joint liability for loyalty can be established. In the will be threatened, and is in court, as it debts incurred by the consumer in connec- words of one major credit card issuer, relates to those States that want to tion with the account before the consumer we are in the relationship business and protect consumers. So we are whipsaw- has reached the age of 21; or we want to build relationships early ing them both ways, and there is only ‘‘(ii) submission by the consumer of finan- on. Recent press stories have reported the Federal Government that can make cial information indicating an independent that people hold on to their first credit means of repaying any obligation arising card for up to 15 years. a difference. from the proposed extension of credit in con- I hope my colleagues will join with nection with the account.’’. In fact, people under the age of 21 are me in voting to give people a real (b) REGULATORY AUTHORITY.—The Board of such a hot target for credit card mar- choice without that additional burden Governors of the Federal Reserve System keters that the upcoming card market- being placed on them. may issue such rules or publish such model ing conference this year—this is the September 17, 1998 CONGRESSIONAL RECORD — SENATE S10467 card marketing conference 1998, which issuers about their marketing practices Kids only find out later how much it is going to be held in Las Vegas. They to people under the age of 21, those sta- messes up their lives. have a seminar beginning at 12 noon on tistics that are available are deeply, That is a quotation from the Amer- the day of this conference that is enti- deeply troubling. ican Banker. tled ‘‘Targeting Teens: You Never For- The American Banker newspaper re- The amendment I am proposing get Your First Card,’’ to give you an ported that Visa found that 8.7 percent today does not take any such Draco- idea of how much a part of this the of bankruptcy filers were under the age nian action against the credit card credit card companies have in mind. As of 25. A Chicago Tribune article from companies. Let me state, by the way— I say, this is indicating their deep in- August 16 of this year cited that bank- and I should have said this at the out- terest in this constituency. ruptcies ‘‘among those under 25 have set—many credit card companies do re- Credit card issuers are also enticing doubled over the last 5 years from quire parental notice or approval or colleges and universities to help pro- 250,000 to 500,000.’’ evidence of independent means. There mote their products. Professor Robert The bankruptcy legislation, the un- are many who do this, but there are Manning at Georgetown University derlying bill, is going to make it hard- some who do not at all. As most laws, here in Washington told my staff that er to take the bankruptcy act. I under- it is not targeted to those who show some colleges receive tens of thousands stand that. I am not opposed to that good judgment and good sense, but to of dollars per year for exclusive mar- idea. But if simultaneously you are the few who do not. Unfortunately, keting agreements. Other colleges re- going out and aggressively sending here we have a few who do not at all. ceive as much as 1 percent of all stu- eight solicitations to an 18-year-old in This amendment does not go so far as dent charges from credit card issuers in my office promising them free vacation to ban credit cards or ban advertising. return for marketing or affinity agree- breaks or flights, I think there is some- It merely says, look, between the ages ments. thing wrong here. of 18 and 21, either show you have the Even those colleges who don’t enter I don’t mind getting tougher on the independent means to meet the obliga- into such agreements are making bankruptcy laws, but I think we have tions or get a signature from a parent money. Robert Bugai, president of Col- to get a little tougher to say the 18-, 19- that they understand that their child is lege Marketing Intelligence, told the and 20-years-olds who have no inde- about to take out a credit card. I agree with those who argue, as I American Banker that colleges charge pendent financial means and without said, there are millions of people under up to $400 per day for each credit card parental permission are getting signed the age of 21 who hold full-time jobs company that sets up a table on cam- up merely on a student ID card and sig- who are as deserving of credit as any- pus. That can run into the tens of thou- nature, incurring $10,000 worth of debt. one over the age of 21. I agree with sands of dollars by the end of just one The same survey found that 27 per- that. I also believe students should semester. cent of undergraduate student appli- continue to have access to credit, and Last February, I went to the main cants had four or more credit cards—27 we should not prohibit the market campus of the University of Connecti- percent, four or more credit cards—and found that 14 percent had credit card from making that available. cut to meet with student leaders about I also recognize the period of time balances between $3,000 and $7,000, this issue. Quite honestly, I was sur- from 18 to 21 is an age of transition while 10 percent had credit card bal- prised by the amount of solicitations from adolescence to adulthood, and as ances greater than $7,000. This figure of going on in the student union, and I we do many places in Federal law, 24 percent with credit card debts in ex- was also surprised the degree to which extra care is needed to make sure mis- cess of $3,000 is more than double the the students themselves were con- takes made from youthful inexperience cerned about the constant barrage of number from last year. does not haunt these people for the rest Moreover, while there is evidence offers they were receiving. of their lives or a good part of it. The offers seemed very attractive, that student debt is skyrocketing, All my amendment does is require a Mr. President. One student intern in some surveys by credit card issuers credit card issuer, prior to granting my office this summer received four so- themselves show that this same group credit, to obtain one of two things from licitations in just 2 weeks. One prom- of consumers is woefully uninformed the applicant under 21: Either they get ised ‘‘get eight cheap flights now while about the basic credit card terms and the signature of a parent or guardian, you still have 18 weeks of vacation.’’ issues. A 1993 American Express/Con- or they obtain information that dem- That is the solicitation, part of it sumer Federation of America study onstrates the existence of an independ- geared to this young woman in my em- found that only 22 percent of more ent means of paying off the amount of ployment. than 2,000 college students surveyed credit offered. Another promised a platinum card knew that the annual percentage rate Federal law already says people with what appeared to be a low interest is the best indicator of the true cost of under age 21 shouldn’t drink alcohol. rate, until you read, of course, the fine a loan. Only 30 percent of those sur- Our Tax Code makes the presumption print that it applied only to balance veyed knew that each bank set the in- if someone is a full-time student under transfers, not to the account overall. terest rate on their credit card, so that the age of 23 that they are financially Only one of the four, Discover card, it is possible to shop around for the dependent on their parents or their offered a brochure about credit terms, best rate. Only 30 percent knew that guardians. but in doing so, often offered a spring interest was charged on new purchases Is it so much really to ask that cred- break sweepstakes in order to attract if you carry a balance over from the it card issuers, in the midst of a bank- these students. In fact, the Chicago previous month. ruptcy bill that will make it tougher Tribune reported just last month that Some college administrators, buck- for people to take this act, is it so the average college freshman will re- ing the trend to use credit card issuers much to ask that we try to find out if ceive 50 solicitations during their first as a source of income, have become so someone under the age of 21 is finan- few months at college. The Tribune concerned that they have banned credit cially capable of paying back their further reported that college students card companies from their campuses debt or that their parents are willing get green-lighted for a line of credit and have even gone so far as to ban to assume the financial responsibility? that can reach more than $10,000 just credit card advertisements from the Mr. President, it is my understanding on the strength of a signature and a campus bookstores. Roger that most, as I said, responsible credit student identification card. Witherspoon, Vice President of Student card issuers already require this infor- Mr. President, there is a serious pub- Development at John Jay College of mation in one form or another. Is it lic policy question about whether peo- Criminal Justice in New York, banned too much to ask the entire credit card ple in that age bracket can be pre- card solicitors saying indebtedness was industry to strive to meet their own sumed to be able to make the sensible causing students to drop out: best practices when it comes to our financial choices that are being forced Middle-class parents can bail out their kids children? on them from this barrage of market- when this happens, but lower-income parents Mr. President, I do not believe this ing. While it is very difficult to get re- can’t— amendment is either unduly burden- liable information from the credit card Mr. Witherspoon said in an interview. some on the credit card industry nor is S10468 CONGRESSIONAL RECORD — SENATE September 17, 1998 it unfair to the people under the age of Mr. HATCH addressed the Chair. matter what happened but could not 21. The fact of the matter is that these The PRESIDING OFFICER. The Sen- get a credit card because of these arti- abusive solicitations assume that if the ator from Utah. ficial restraints. young adult is unable to pay, they will Mr. HATCH. Mr. President, I know Moreover, the amendment makes no be bailed out by their parents. Many this amendment is well intentioned, provision whatsoever for a young adult times this means that parents must but, look, I was a building tradesman whose parents or guardians may be de- sacrifice other things in order to make as a young 16-year-old. I made a pretty ceased. It is also not clear what respon- sure their child does not start out their good living as a building tradesman. I sibility, if any, the amendment would adult life in a financial hold with an could have wound up as a building impose on a lender to verify that the ugly black mark on their credit his- tradesman, which I was very proud to signature of a parent or a guardian was tory. be. In fact, I have had some colleagues authentic. By adopting this amendment, Mr. say I should have stuck with it. In fact, In short, discriminating against indi- President, the Senate will send a clear one of them, when they found out I was viduals between the ages of 18 and 21 message to those aggressive credit card a janitor at one time putting myself when it comes to obtaining credit sim- companies that we will no longer coun- through college, said I should have ply cannot be justified just because we tenance this abusive behavior. This stuck with it. Maybe so. know it is pretty easy to get a credit amendment corrects that behavior by But I would hate like heck to have card out there and it is abused from making those overly aggressive compa- some artificial rule or some regulatory time to time. But this amendment fur- nies, credit companies, exercise their rule by some regulatory agency of Gov- thers the abuse only in the opposite di- best judgment—instead of their most ernment say that I, as a hard-working rection. Also, it is important to note craven instincts—when it comes to carpenter, would not be able to get a that individuals under 18 cannot enter people obtaining their own credit cards credit card and get credit that I might into binding contracts and, therefore, for the very first time. need for my family to make our lives a any credit inadvertently extended to Mr. President, I note as well in an little easier because of artificial rul- them is unenforceable. interview on an NPR program just a ings like what happens as a result of I encourage my colleagues to join me few days ago on this very issue, Nancy this well-intentioned amendment. in opposing this amendment, notwith- Lloyd, who is the editor-at-large for This is a slap in the face of every 18- standing some of the arguments on the Kiplinger’s Personal Finance magazine, , 19-, 20-year-old—and 17-year-old, 16- other side of the aisle. It is important had this to say about this practice. She year-old even—people who can work; to note that not all 18-, 19- or 20-year- said: 16-, 17-, 18-, 19-year-olds who work hard, old kids are college students or unem- . . . that the real reason that credit-card who are supporting their families. ployed or irresponsible or bums, if you companies are going after college students is They may not be college graduates, want to say it. Some have families, that they know that after a parent has spent they may not look like they quite have several tens of thousands of dollars to edu- some serve in the military and are cate their student, that if they fall behind on the future of some who have gone to asked to defend our country. It puts their bills that the parent will bail them out, college and done the things that they their ability to gain credit in doubt. Or even though legally they don’t really have to have done—might look like—but they should we just call it the way it is? In [if they are younger than 18]. are not going to be able to get credit the hands of Federal regulators. Mr. President, I do not think this is cards under this without going through You know, there is a limit to every- a radical proposal here. It is again a some big rigmarole decided by Govern- thing. Yes, there are some abuses here. huge problem. NBC, I think last ment. Yes, some of these credit card compa- evening, ran a special report on the This amendment would unfairly dis- nies get some of these young people ‘‘Fleecing of America’’ where they criminate against young adults. I hooked on credit cards just thinking talked about this problem. I think think it has to be opposed. I hope our they can live with that credit card. But there have been a number of other re- colleagues will think about this. The in the interest of solving that problem, ports on this. amendment would require parental do you abuse all the other honest, We began this issue last December in consent for extensions of open-ended hard-working, decent young people be- raising the question when I went to my credit to young adults under the age of tween the ages of 18 and 21? Do you dis- own campuses in Connecticut, as I 21—think of that—a lot of young adults criminate against them so that they mentioned a moment ago, to find out who are supporting their families and cannot get a credit card that might how widespread this was. And, again, doing what is right but have not been make their lives maybe a little bit bet- the information we have been able to to college, or even those who have been ter or a little more livable or a little gather indicates, I think based on the to college or who are working well in more sustainable? data we have, limited as it is, that this college, as I had to do, unless they My attitude is that this amendment is a growing problem. The debt has could demonstrate ‘‘an independent ought to be defeated because it is a doubled now in the last year. It is means of repaying’’ the obligation. one-sided amendment that, in my opin- going to get worse. While it is not entirely clear what ion, has not been well thought through. If we adopt the underlying bill, which would constitute an ‘‘independent That is not a knock at my colleague I hope we do, then obviously the ability means of repaying’’ a debt, one thing is because I know he is sincere. I know he to use the Bankruptcy Act to excuse clear: This amendment would have the has good intentions here. I know there obligations are going to get tougher. bizarre effect of requiring an emanci- are some values that he is trying to de- So it seems to me if we are going to do pated but temporarily unemployed 20- fend. But I think the overwhelming a favor to the banks by making it year-old mother to obtain her parent’s weight of maturity is on the side of tougher for people to avoid their finan- consent before receiving a credit card, young people in that age group who de- cial responsibilities, which we should, or an unemployed 20-year-old carpenter serve to have a credit card, who would we should also send a message that we who, because of seasonal layoffs, might pay back their credit card, who are re- do not believe you ought to be dump- not have a job for a couple of weeks, or sponsible citizens, and who do not need ing, as we did last year in this country, maybe 3 weeks or maybe a month or the Federal Government to tell them 3 billion credit card solicitations but two. I understand that life; I under- what they can or cannot do in this particularly dumping these where stand how difficult it is. area. The fact that we have a few cred- there is a student ID and a signature The same would be true with respect it card companies that abuse the sys- from a 19-year-old, without independ- to a 20-year-old plumber or a construc- tem does not mean we should pass this ent means or parental approval, to as- tion worker, like I have mentioned, type of an amendment. sume $3,000, $4,000, $5,000, $6,000, $7,000, who is between jobs, in between jobs, I am happy to yield 5 minutes to the $8,000, $9,000, $10,000 worth of financial and with respect to a 20-year-old re- distinguished Senator from Alabama. debt. I think that is wrong. I think we cently discharged from the U.S. mili- The PRESIDING OFFICER. The Sen- ought to try to stop it. I think this tary and looking for civilian employ- ator from Alabama is recognized. amendment brings us in the right di- ment—somebody who is honorable and Mr. SESSIONS. Mr. President, I rection, and I urge its adoption. decent, would pay back any debt no thank the Senator from Utah for his September 17, 1998 CONGRESSIONAL RECORD — SENATE S10469 excellent remarks in pointing out a lot equally divide it between opponents I don’t know whether Doreen of people age 18 to 21 are not in college. and proponents of this amendment. Edelman, senior vice president of the I just had two children graduate from The PRESIDING OFFICER. Without Diners Club, listens to this debate. In college, and I still have one in college. objection, it is so ordered. fact, it looks like she is from Sioux I believe a credit card is a good thing Mr. DODD. Mr. President, I yield to Falls, SD. Holy cow, I didn’t think any- for them to have. Almost every college my colleague from North Dakota. body from either of the Dakotas would student is going to have a credit card. Mr. DORGAN. Mr. President, I rise in think this way—that an 11-year-old boy The fact that we have some competi- support of the amendment. I have lis- ought to get a Diners Club card. tion in the credit card industry—they tened to the debate; it is an interesting I know why he got this. They don’t are offering lower rates and less debate, but I think all of us know what know him from a head of lettuce. They charges if you will use their credit is happening in this country with re- don’t know Brendon Patrick Dorgan. card—that is good. We have needed spect to credit cards. They gathered the name someplace and that. I noticed an article this morning in sent him a little letter that says they In my opinion, the biggest complaint the Washington Post on the front page: would like him to get a Diners Club about credit cards is they charge too Banks Risk New Wave of Bad Debt: Report card. much interest. Those rates have been Cites Easing of Credit Standards. It would serve them right to have all driven down because of competition. They are talking about commercial these 11-year-olds send this in, get the There are 6,000 credit card companies, loans in response to competition; even Diners Club card and go spend some and they are sending out mailings, and though the risks will rise, they are eas- money. they are encouraging people to use ing standards, lowering lending stand- I come from a town of 300 people. If their credit cards. What is bad about ards. someone in business on the main street that? What are the standards of lending for of my hometown said, Do you know What troubles me is we are saying if credit cards? Go to a college campus what I want to do? I want to send some you want a young person to have a and look in the mailboxes and see the 11-year-old an invitation to have credit credit card, they may have to get their solicitations for these kids that have with us. That person would have to be parents to sign as a cosigner and be fi- no jobs, no income, no independent drunk or just dumb. What are they nancially responsible for their debt. means of paying. They get solicitations thinking? That is what is happening. That doesn’t seem to me to be fair or from companies halfway around the I know this debate is a little more se- correct. Maybe a parent says if you country. rious than that. It is about the explo- want to get a credit card you can, but The solicitation says we have some- sion of credit cards to college kids and it is your debt to pay, not mine. The thing to offer you. You don’t have so on. I understand that. But this is a requirement we are debating now money? We have money. We will give wonderful example of how ridiculous it would prohibit them from getting a you a piece of plastic, and you get a has become, isn’t it? It is just indis- credit card under those circumstances. preapproved range of credit. Sign this, criminate. Are you alive? Do you What about young persons whose par- send it in, and it is all yours. breathe? Do you have a name? Are you It is Byzantine to me to see what is ents are deceased? on a list? Congratulations, we would happening with the ‘‘blizzarding’’ of The Federal Government should not like to offer you some preapproved these credit cards all around the coun- be stepping in and telling a credit card credit. company you can’t take a chance on a try, even to people without money. What kind of standard is that? What Yesterday in our mail, my son got a young person, or that you have to get kind of business behavior is that? solicitation from the Diners Club. My the parent to cosign before giving a I happen to support the underlying son, Brendon, is a great young guy. In young adult a credit card. This seems bill. I believe the pendulum has swung fact, do you know what Brendon told unhealthy to me. I am sure it is true too far on bankruptcy. I think it ought me he wanted to do when he gets big? that credit card companies like to get to swing back some. I am prepared to Brendon told me he wants to be like young people accustomed to using support the underlying bill. I also be- his grandpa. their cards and hope they will use them lieve those in this country who run Now, I know that doesn t sound sur- throughout their career. I don’t know these businesses and send solicitations prising. But do you know why? It s be- that there is anything wrong with that. to 11-year-old boys and solicit every cause he wants to be retired, just like Mr. President, a 20-year-old who may college student in the country with his grandpa. be temporarily unemployed may find a You see, Brendon went to Arizona to credit cards with preapproved limits, I credit card to be very valuable. Sup- see his grandpa, and Brendon watched think they have some responsibility, as pose you have to drive to a job inter- his granddaddy and thought, that’s well. That is what the Senator from view and the guy down at the car in- what I want to do—sleep late, get up Connecticut is saying today with his spection place says your vehicle emits and golf a little bit, come home, have amendment. They have some respon- too much pollution and you have to some lunch, take a nap, then watch tel- sibility, too. spend $400 to fix it; or your tire blows evision. I am pleased, on behalf of Brendon, to out and you have to have $75 to get the Brendon says, ‘‘I like what grandpa support the amendment by the Senator car towed and another $50 to put a tire has. I want to be retired.’’ Brendon is from Connecticut. Perhaps we will on it. A person may not have that cash only 11. make some progress in saying to those in their pocket at times such as these, The Diners Club wrote to Brendon. who extend credit in this country, yes, when they really need it. That is why Doreen Edelman, Senior vice president we believe bankruptcy laws ought to be credit cards are a good thing. at Diners Club, wrote: adjusted some; you are right about Credit cards have been helpful in Dear Brendon, Whether you travel for busi- that. We also believe you have some re- many ways for citizens in America. ness or pleasure, wouldn’t you like a Card sponsibility, which you have been ig- The problem is with people who abuse that rewards your spending with something noring with the solicitations you are them and who don’t show personal dis- you could really use—frequent flyer miles on making indiscriminately around this cipline. We all know that is a problem. the major airline of your choice? country. We need to encourage personal dis- It says get our Diners card. You can I yield the floor. cipline, not have the Federal Govern- go to lounges, you can go to fancy res- Mr. DODD. Mr. President, I thank my ment telling a young person they can’t taurants, you can rent cars, you can colleague for his eloquent, and if it have a credit card unless their parent pay for your airline ticket. weren’t so sad, quite humorous story. agrees to pay their debt. I didn’t show Brendon this last night Unfortunately, Brendon is not alone. Mr. DODD. Mr. President, we have no because the fact that Brendon would This wasn’t just a mistake. Unfortu- intervening business between now and like to be retired might persuade him nately, parents can tell you all across 2 o’clock. Several of our colleagues that he would like a Diners Club card, the country that this happens with reg- want to speak on this amendment. I too, but he is only 11. He doesn’t have ularity. ask unanimous consent we take the a job. He doesn’t have any money. He Let me address, if I can, the argu- time between now and 2 o’clock and isn’t going to have a Diners Club card. ment of my good friend and colleague S10470 CONGRESSIONAL RECORD — SENATE September 17, 1998 from Utah and why he is opposed to The PRESIDING OFFICER (Mr. the individual to decide whether or not this bill. The great irony is the 20-year- SANTORUM). The Senator from Utah is to take on debt and it is the respon- old who is out working and not in col- recognized. sibility of the individual to live with lege is disadvantaged. That individual Mr. HATCH. Mr. President, I find it the consequences of that decision. Be- has to prove that they have independ- somewhat ironic and, frankly, indefen- fore we can begin to make meaningful ent economic means. sible that some of my colleagues on the reform to the bankruptcy laws, we sim- Listen to this recent report: other side of the aisle who are now ar- ple must stop the finger pointing and All the rules have been suspended when it guing for parental consent here in accept personal responsibility for our comes to college students. They get a green order to obtain a credit card, would spending and borrowing practices. That light, a line of credit that can reach more also argue against requiring parental said, if we look at the objective facts, than $10,000 just on the strength of a signa- consent for children who want to get it is apparent that credit card debt is ture and a student ID. Almost comically, an abortion. I have spent 22 years lis- only a small fraction—about 16 per- [the report says], low standards become tening to that. cent—of the debt of a typical bank- much different after graduation and bona Now, Mr. President, they are arguing fide adulthood. ruptcy filer. for parental consent for young adults The reason I have this chart up is be- So the individual who is out working, between the ages of 18 and 21. Look, if cause the yellow part of that, the high- who is not in school, who may have a they are willing to amend the amend- er part of it, shows the total consumer real need for a credit card, has to go ment—every State in this Union, to my debtload. You will notice that between through far many more hoops than the knowledge, refuses to give credit or 1980 and 1997 the consumer debtload students between the ages of 18 and 21 allow credit to be granted to young has remained about the same. But look who can get these solicitations. people less than 18 years of age. So I at the red part, increase in consumer This wasn’t Brendon. This was a 19- think Senator DORGAN’s son already bankruptcy filings, which this bill year-old—get eight cheap flights now fits within that category. We are talk- would help to resolve. The increase in while you still have 18 weeks of vaca- ing about 18-, 19- and 20-year-olds who consumer bankruptcy filings has con- tion. How about a platinum card to a work, who are in the service, are capa- tinued to go up off the charts. So the 19-year-old without any indication of ble of doing this, who should not have debtload doesn’t appear to be the major whether or not she can meet her pay- to get parental consent, should not problem. What is the major problem is ments? have to justify it. I am talking against the abuse of the bankruptcy system, I don’t think it is outrageous to say, discrimination against young people of which this bill would correct. look, just show your independent eco- that age. Surprisingly, as Americans continue nomic means. You have a job, fine. Or My friends on the other side argue to use consumer credit at about the get a parental signature. That is not for parental consent for young adults same level as they have historically asking too much. Just listen to the ad- between 18 and 21. These are not even over the last few years, bankruptcy fil- ministrators at these universities. A minor children. How can anybody ings have more than quadrupled. In terrible thing. We lose more students argue, on the one hand, that if you are other words, as this chart dem- to credit card debt than academic fail- between 18 and 21 and you want a cred- onstrates, the debt load that individ- ure now. The numbers have doubled. It it card, you have to get your parents’ uals carry has not changed very much. is not overreaching to say to an 18- or consent, and on the other hand you What has changed is the attitude of 19-year-old that we are going to insist should not have to get parental con- Americans toward bankruptcy. People that you prove an independent eco- sent if a minor wants to get an abor- turning to bankruptcy today are not in nomic ability to pay—the same as an tion? I don’t know about you, Mr. significantly more difficult debt that 18- or 19-year-old would have to do were President, but to me that sounds a lit- those in the past. But rather than tak- they not in college—or have a parental tle bit inconsistent—maybe a smidgen. ing responsibility and working their signature. Everybody knows that if Every State in the Union, to my way out of debt, too many people are you are under 18, you can’t enter into knowledge, refuses to give the right to choosing bankruptcy as a first resort. a contract and have it binding. People grant credit to young people below 18 As I have said before, excessive bank- have said, ‘‘Why not just make it 18?’’ years of age. At least that is my under- ruptcy filings hurt all of us. When Well, those contracts don’t hold up and standing. So that is not even an issue. someone who could pay their debts in- the bankruptcy laws would not cover Despite all of the enjoyment we had stead opts for bankruptcy, the rest of it. from the remarks of the Senator from us effectively pay their unpaid bills for So between 18 and 21, we are just try- North Dakota, that isn’t an issue. Are them. Bigger businesses and creditors ing to cover those areas here, statis- we going to discriminate against hard- raise prices and interest rates to offset tically. I talked about this study that working young people who are 18, 19 their losses, and small businesses may was done and I failed to identify who and 20 years of age, who should have a actually be forced into bankruptcy did it. Nellie Mae, a major student loan right to credit, just because we have themselves. provider in New England, conducted a some excesses in our society that real- But his issue is not just about the survey of students who had applied for ly are not justified? impact of bankruptcy on the rest of us. student loans. ‘‘The results of the cred- Mr. President, one of the arguments It is about personal integrity and per- it card examination is alarming.’’ that I hear again and again is that the sonal responsibility. When you borrow Those are their words, not mine. They bankruptcy crisis in this country is the money from someone else, you make found that 27 percent of the under- fault of credit card companies because an implicit promise to do whatever you graduate student applicants had four they offer credit too freely to low- and can to pay that money back. Our or more credit cards, and 14 percent of moderate-income Americans. Opponent present bankruptcy laws undermine the credit card balances, debt, between of reform have, during the hearing this basic principle. This bill will help $3,000 and $7,000, and 10 percent in ex- process, shown us piles of credit card solve that. They allow people who can cess of $7,000. That is before they grad- solicitations to make their point. They repay their debts to avoid doing so be- uated from college, in addition to stu- want us to believe that the nation’s cause they find their debts ‘‘inconven- dent loans. bankruptcy crisis is the fault of easy ient’’ or because repaying their debts So our efforts here—while the credit access to credit, and not of the individ- would require them to change their card companies see this, apparently, as ual who abuses the bankruptcy system lifestyle. draconian—will provide relief in the with all of its present loopholes. Ironically, many of the people who underlying bill. Requiring a little high- First, I would like to say a few words say that we do not need to reform the er standard for college students before about taking personal responsibility bankruptcy code because easy access to they get credit cards is not asking too for our actions. In a free world, each of credit is to blame, are the very same much. I know the ranking member on us is confronted with a variety of offers people who argue that poor and mod- the committee wanted to be heard on on a daily basis, some of which we erate income individuals desperately this, and I see my colleague from Utah. should accept, and some of which we need, and should not be denied, credit. Mr. HATCH addressed the Chair. should not. It is the responsibility of These are the same groups who, fifteen September 17, 1998 CONGRESSIONAL RECORD — SENATE S10471 years ago, complained that the credit nate against 18-, 19-, and 20-year-old who lie on their application? These are industry granted credit only to the people who are hard-working, decent some of the things that are going to be elite and wealthy, and deprived lower- kids, some of them working at trades difficult to legislate unless we take income Americans of the important op- in society as I did, some of them work- time and do it right. portunity to use credit. And, these are ing in the military, some of them who You have to remember that while the same people who vociferously ar- may be temporarily out of work but there may be only really a few credit gued just a few weeks ago in favor of are good, honest people, then I have to card brands, they are offered by lit- the Community Reinvestment Act or say we have to fight against this erally thousands and tens of thousands CRA, which requires banks to extend amendment. of institutions. All of the burden of ad- loans and credit to low and moderate Last but not least, I will say that I ministering this requirement is going income Americans who live in low in- find it ironic that they would require to be absorbed by them. Those costs come areas. parental consent to get credit card are going to be passed along to you Rather than reform the bankruptcy credit while at the same time not re- know who. And that is all of us who do code, some have suggested imposing quiring parental consent with regard to business with banks or use credit burdensome credit qualification stand- getting an abortion. cards. ards on the credit card companies. Let I reserve the remainder of my time. Again I say, let’s carefully consider me be clear: amending this bill to re- Mr. DODD. Mr. President, how much this before we legislate. Let’s bring it quire onerous credit qualification time remains on our side? to the Banking Committee. Let’s have standards will result in an immediate The PRESIDING OFFICER. Two hearings on it and at that point craft a reduction in the availability of credit minutes, 40 seconds. bill that would serve the purposes and to lower-income individuals. And, im- Mr. DODD. How much time remains go in the direction that Senator DODD posing burdensome requirements on on the other side? is trying to go. I would be happy in the credit card companies that do nothing The PRESIDING OFFICER. Four subcommittee that I chair to hold to help consumers—and that in fact minutes, 30 seconds. hearings on it just as soon as possible. hurt consumers by adding to the cost Mr. HATCH. Mr. President, I would It really is a problem. But we need to of being a credit card holder—is noth- be happy to yield our remaining time take our time and correct it. ing more than an obvious attempt to to the distinguished Senator from Thank you, Mr. President. derail bankruptcy reform. On the other North Carolina. Mr. DODD addressed the Chair. hand, I remain open to measures that The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- will help people become fully aware of ator from North Carolina is recognized ator from Connecticut is recognized. the implications of debt before they for 4 minutes. Mr. DODD. Mr. President, I yield 3 incur it. Mr. FAIRCLOTH. I thank Senator minutes to the distinguished Senator Mr. President, the explosion in bank- HATCH. from Illinois. ruptcy filings has less to do with Mr. President, I agree with Senator The PRESIDING OFFICER. The Sen- causes and more to do with motiva- DODD. I, too, have been concerned ator from Illinois is recognized. tions. The stigma of bankruptcy is all about the problem that we see as a Mr. DURBIN. Mr. President, I thank but gone. Bankruptcy has become a mounting one. We ought not to be put- the distinguished Senator from Con- routine financial planning device used ting college students in debt, particu- necticut. to unload inconvenient debts, rather larly at such an early stage of their I would like to ask several brief ques- than a last resort for people who truly life. But my concern is that this law tions to clear up this debate. need it. The rest of us end up footing has to be carefully crafted. I do not feel It has been said on the floor of the the bill for abuses in the bankruptcy that it has been. My concern is that Senate that because of the amendment system in many forms, including high- this has to be put together in such a of the Senator from Connecticut, that er prices and higher interest rates. way that we do not deny credit to stu- someone serving in the U.S. military What this legislation will accomplish dents who might need it while they are under the age of 21 could not get a is straightforward: If a person is able away from home. But further, I don’t credit card. Is that true or false? to repay some of what they owe, they want to stop or impede credit to non- Mr. DODD. That is absolutely false. will be required to do so. We must re- college students under the age of 21. That person has independent economic store personal accountability to the We have not had hearings on this. means, being a paid member of the bankruptcy system. If we do not, every And we have not attempted to curb the military. family in America, many of whom credit cards through any private meth- Mr. DURBIN. It has also been said struggle to make ends meet but man- ods. Senator DODD is on the Banking that someone with a job with low in- age to live within their means, will Committee. So am I. I would prefer to come under the age of 21 would be un- continue to shoulder the financial bur- defer this, and hold hearings, and move able to get a credit card under the den of those who abuse the system. legislation independently out of the Dodd amendment. Is that true or false? Mr. President, I do not mean to sug- Banking Committee, where it should Mr. DODD. That is false. A person gest that the bankruptcy system has begin, and then to the floor. who is unemployed might have unem- failed us altogether. It provides a way I think the Senator from Connecticut ployment compensation and independ- for individuals who have experienced a has certainly identified a real and con- ent means, and would certainly qual- a financially devastating event to get tinuing problem. But I have struggled ify. back on their feet. The problem we face with how to legally cut off credit to Mr. DURBIN. I thank the Senator is that current law does not simply college students for some time. I have from Connecticut, because I think allow bankruptcy filers to get back on noticed card solicitations at college there have been some things said on their feet * * * it allows abusers of the bookstores and the marketing efforts the floor which mischaracterize his system to get ahead of Americans who that have been put forth that are amendment. make good on their debts. S. 1301 is a aimed solely at young people. But why This debate has had a lot of reference common-sense bill that will provide a do we tell someone in the U.S. Army, to personal responsibility. We ought to much needed adjustment to the bank- who is under the age of 21, whom we keep a board up here to check off every ruptcy system. without any hesitation send into time someone says ‘‘personal respon- Again, I will end with what I started harm’s way to be killed, or whatever, sibility.’’ We are talking about bank- with. If my colleagues on the other side that they can’t get a credit card? This ruptcy, and I think people who go into want to exclude those below 18 years of will diminish the chances of getting bankruptcy court should be personally age, as the States basically do, so that one, very likely. responsible. I agree. Most Democrats credit card companies cannot solicit That is why I think we should take agree. Most Republicans agree. There them, I would be more than happy to more time and care in crafting this are some people abusing the bank- do that. I would be more than happy to proposal so that we do it right. It needs ruptcy system. We ought to change it. grant that right now, right here on the to be done, but it needs to be done The purpose of this bill is to tighten floor. But if they are going to discrimi- right. What do you do with the people it up so that the abusers cannot take S10472 CONGRESSIONAL RECORD — SENATE September 17, 1998 advantage of bankruptcy to the dis- Is it asking too much that the credit Mr. STEVENS. I move to lay that advantage of everybody else in Amer- card companies strive to meet their motion on the table. ica. own best practices in order to do some- The motion to lay on the table was But in addition to personal respon- thing to protect our children? If you agreed to. sibility, can’t we discuss corporate re- are under 18, the law already protects AMENDMENT NO. 3597 sponsibility here? Don’t the credit card you. It is that window between 18 and The PRESIDING OFFICER. The Sen- companies have some responsibility to 21. ate will now consider amendment No. make certain that they don’t offer Mr. President, I hope that our col- 3597, the D’Amato amendment, with 2 risky credit, luring children and people leagues will recognize that it is really minutes equally divided. who are unwitting into credit situa- not fair for middle-income families to Mr. GRASSLEY. Mr. President, I ask tions, and then watching it topple over get saddled with a $10,000 debt because unanimous consent that the next vote them? Those same credit card compa- of solicitations that were made to a in this series be limited to 10 minutes. nies which come to us and say, once student in school. This is a license for The PRESIDING OFFICER. Without these people have fallen deep in debt, us to do something about it. objection, it is so ordered. once they have all this credit card debt The PRESIDING OFFICER. The Sen- Who yields time? that they can’t get out of, and go to ator’s time has expired. Mr. D’AMATO addressed the Chair. bankruptcy court, be strict and tough Mr. DODD. I urge adoption of the The PRESIDING OFFICER. The Sen- with them—I agree with that, but amendment. ator from New York. shouldn’t we also have a standard Mr. GRASSLEY. Mr. President, I The Senate will come to order. The which says these companies should be move to table the Dodd amendment Senator from New York is recognized. responsible in dealing with American and ask for the yeas and nays. The Senate will please come to order. consumers? The PRESIDING OFFICER. Is there a The Senate will please come to order Senator DODD offers an amendment sufficient second? for 1 minute of debate on each side be- which is timely. Listen to this. Bank- There appears to be a sufficient sec- fore we vote. ruptcies among those under the age of ond. The Senator from New York. 25 have doubled in the last 5 years. It is The yeas and nays were ordered. Mr. D’AMATO. Mr. President, my estimated that a college student in the The PRESIDING OFFICER. The amendment would stop one of the most first few months on campus will re- question is on agreeing to the motion predatory, outrageous practices that ceive 50 solicitations for credit cards. A to table the Dodd amendment. The consumers throughout America are student without virtually any income yeas and nays have been ordered. The facing, double charging at ATMs. There is going to be that target customer. As clerk will call the roll. are fewer opportunities to avoid that. Senator DODD has said over and over The legislative clerk called the roll. Since the ban has been lifted, we have again, too many kids who are lured Mr. NICKLES. I announce that the gone from 17 percent of the ATMs dou- into easy credit before they have an in- Senator from Georgia [Mr. COVERDELL] ble charging to 79 percent in 2 years. come or the maturity to handle it end is necessarily absent. There is no consumer choice. At the up deeply in debt, and many of them Mr. FORD. I announce that the Sen- end of next year, it will be over 90 per- jeopardize their education as a result ator from South Carolina [Mr. HOL- cent, and it will cost the average con- of it. LINGS] is necessarily absent. sumer $2.68 for that transaction. The Senator from Alabama said he The result was announced—yeas 58, For people who say, ‘‘Oh, we’ll lose wanted his children to have a credit nays 40, as follows: the ATMs if we do not have these dou- card at college. I wanted mine to have [Rollcall Vote No. 274 Leg.] ble charges,’’ 74 percent of the ATMs one as well. He would have gladly YEAS—58 that are in existence today existed signed for that. I would have as well. Abraham Gorton McConnell prior to the double charges. That is exactly what the Dodd amend- Allard Gramm Murkowski If you want to help the little guy, ment says. If a parent will put a signa- Ashcroft Grams Nickles here is an opportunity. Vote for the ture on the line, the credit card is Bennett Grassley Reid Biden Gregg Robb ATM ban; vote for the consumer. Give there for the college student. Bond Hagel Roberts that little guy a choice and give people But I salute the Senator from Con- Brownback Hatch Roth necticut. I support his amendment. I Burns Helms Santorum an opportunity to vote. I am urging think we are talking about corporate Campbell Hutchinson Sessions people to vote no against the motion to responsibility and personal responsibil- Chafee Hutchison Shelby table. Cochran Inhofe Smith (NH) The PRESIDING OFFICER. The Sen- ity. Collins Jeffords Snowe Mr. DODD. Mr. President, how much Craig Johnson Specter ator’s time has expired. Who yields time remains? DeWine Kempthorne Stevens time? Domenici Kohl Thomas Mr. GRASSLEY. I yield back our The PRESIDING OFFICER. The Sen- Enzi Kyl Thompson ator from Connecticut has 1 minute. Faircloth Lott Thurmond time. Mr. DODD. Mr. President, I thank my Feingold Lugar Warner The PRESIDING OFFICER. The yeas colleague from Illinois. Frist Mack and nays have been ordered on the mo- Just to make the case once again, we Glenn McCain tion to table the D’Amato amendment. have watched consumer debt double to NAYS—40 Mr. LOTT. Parliamentary inquiry. $455 billion in the last couple of years. Akaka Dorgan Lieberman The PRESIDING OFFICER. The ma- It has tripled and quadrupled. It seems Baucus Durbin Mikulski jority leader. to me that to listen to what university Bingaman Feinstein Moseley-Braun Mr. LOTT. I did want to move to Boxer Ford Moynihan people are saying, we have more people Breaux Graham Murray table and ask for the yeas and nays. dropping out of school—as the official Bryan Harkin Reed Have the yeas and nays been ordered? at the University of Indiana said, ‘‘We Bumpers Inouye Rockefeller The PRESIDING OFFICER. That mo- lose more students to credit card debt Byrd Kennedy Sarbanes tion has been made. Cleland Kerrey Smith (OR) than academic failure’’—we have some Coats Kerry Torricelli The question is on agreeing to the indication of what is going on here. To Conrad Landrieu Wellstone motion to lay on the table the say between the ages of 18 and 21 just D’Amato Lautenberg Wyden D’Amato amendment, No. 3597. The Daschle Leahy to get a parental signature, or an indi- Dodd Levin yeas and nays have been ordered. The cation of independent economic means, clerk will call the roll. as you would if you were not a student, NOT VOTING—2 The legislative clerk called the roll. is not asking too much. It seems to me Coverdell Hollings Mr. NICKLES. I announce that the that is the bare minimum standard of The motion to lay on the table the Senator from Georgia (Mr. COVERDELL) what we ought to be asking of the cred- amendment (No. 3598) was agreed to. is necessarily absent. it card companies. It is my understand- Mr. GRASSLEY. Mr. President, I Mr. FORD. I announce that the Sen- ing that most responsible credit card move to reconsider the vote by which ator from South Carolina (Mr. HOL- issuers already require them. the motion was agreed to. LINGS) is necessarily absent. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10473 The PRESIDING OFFICER (Mr. Having said that, this is a battle, but let this bill move forward. If the Sen- GRAMS). Are there any other Senators it is not the end. I lost this battle, but ators from Maryland have a problem, I in the Chamber desiring to vote? I am prepared to continue this battle am happy to consider their amend- The result was announced—yeas 72, and win the war until and unless we see ments in the normal legislative proc- nays 26, as follows: a rollback in what is taking place ess. [Rollcall Vote No. 275 Leg.] now—and that is taking advantage of Mr. President, let me point out some- YEAS—72 the consumer, the little guy, the work- thing very important here. We are Abraham Faircloth Lugar ing families of America. talking about aviation safety, security, Akaka Ford Mack Again, I thank my colleagues who capacity, and noise projects, and we Allard Frist McConnell have yielded me this time to make this are talking about billions of dollars’ Ashcroft Gorton Murkowski observation. We lost the battle, but not Baucus Graham Nickles worth. I hope that we will be able to Bennett Gramm Reed the war. move forward on this bill very quickly. Biden Grams Reid Mr. LOTT addressed the Chair. There are over $2 billion worth of Bond Grassley Robb The PRESIDING OFFICER. The ma- projects that can be held in abeyance Breaux Gregg Roberts jority leader. Brownback Hagel Rockefeller because of our failure to reauthorize Burns Hatch Roth f the FAA. We are talking about safety, Byrd Helms Santorum Campbell Hutchinson Sessions UNANIMOUS CONSENT REQUEST— Mr. President, which is a very big bur- Cleland Hutchison Shelby S. 2279 den for all of us to bear. So I want to Coats Inhofe Smith (NH) Mr. LOTT. Mr. President, I had ear- tell my colleagues on the other side of Cochran Inouye Smith (OR) the aisle—especially the Senators from Collins Jeffords Snowe lier made a unanimous consent request Conrad Johnson Specter to bring up the FAA issue, now known Maryland—I am ready to sit down at Craig Kempthorne Stevens any time and see if we can work out Daschle Kerrey Thomas as the Wendell Ford National Air Transportation System Improvement any differences that we have to their DeWine Kyl Thompson satisfaction so that we can get this Domenici Landrieu Thurmond Act. This is a bill we really need to get Dorgan Leahy Warner done before we leave. If we don’t get it very important reauthorization com- Enzi Lott Wyden cleared, cloture will take so much pleted before the end of the fiscal year. NAYS—26 time, we may wind up not being able to I ask unanimous consent that two Bingaman Feinstein McCain complete this bill. letters regarding this legislation be Boxer Glenn Mikulski It is important for airports, air pas- printed in the RECORD. Bryan Harkin Moseley-Braun Bumpers Kennedy Moynihan sengers, the airline industry, the entire There being no objection, the letters Chafee Kerry Murray country. were ordered to be printed in the D’Amato Kohl Sarbanes Again, I ask unanimous consent that RECORD, as follows: Dodd Lautenberg Torricelli it be in order for the majority leader, Durbin Levin Wellstone AMERICAN ASSOCIATION OF AIRPORT Feingold Lieberman after consultation with the Democratic EXECUTIVES, AIRPORTS COUNCIL leader, proceed to the consideration of NOT VOTING—2 INTERNATIONAL, S. 2279, the National Air Transpor- Alexandria, VA, September 14, 1998. Coverdell Hollings tation System Improvement Act. I fur- Hon. JOHN MCCAIN, The motion to lay on the table the ther ask that during the pendency of S. Chairman, Committee on Commerce, Science, amendment (No. 3597) was agreed to. 2279 only relevant amendments be in and Transportation, Dirksen Senate Office Mr. D’AMATO. Mr. President, I ask order to the bill. Building, Washington, DC. unanimous consent for 3 minutes to Mr. DASCHLE. Mr. President, I ob- DEAR SENATOR MCCAIN: We are writing you make some comments with regard to ject. with an urgent request for assistance. Con- this vote. Let me explain, briefly. I share the gress is scheduled to adjourn for the year in The PRESIDING OFFICER. Without majority leader’s determination to less than one month and the Senate has still objection, it is so ordered. not taken up pending ‘‘must pass’’ legisla- complete work on this legislation. We tion to reauthorize programs of the FAA. Mr. D’AMATO. Mr. President, first need to get this bill done before the end The current authorization expires September let me thank my colleagues who have of the session. The Senators from 30. If Congress fails to reauthorize the Air- given me the opportunity to at least Maryland and at least the Democratic port Improvement Program (AIP) prior to bring this to a vote. Needless to say, Senator from Virginia, as well as the adjournment, the FAA will be unable to find the great power and the great number Senators from Illinois, are still at- critically needed safety, security, capacity of dollars involved were felt. It is a lot tempting to work through some prob- or noise projects at airports in every state in of money that a lot of little people are lems relating to the legislation and the nation. paying that they shouldn’t be paying. their respective States. I am hopeful Please do what you can in your role as Indeed, some Members have indicated we can come to some successful conclu- chairman of the authorizing committee to to me that notwithstanding their oppo- sion in those discussions at an early bring this bill to the Senate floor imme- sition to intruding generally into the diately so that a final version of the measure date, but until that has been com- can be adopted and signed into law prior to private sector, they would reconsider pletely worked through, we will have adjournment. Without swift congressional their votes in the future if they con- to object. action, critically needed federal funding for tinue to see the predatory price- I hope that we continue to put the runways, taxiways, security and hundreds of gouging practices that are pressure on those who are interested, other projects will stop after September 30. anticonsumer and monopolistic; if they as we are, in coming to closure on this, Thank you for your immediate attention continue to see not only the number of to get it done soon. on this important matter. ATMs that are double charging con- I yield the floor. Sincerely, tinue, but lack of consumer choice; and The PRESIDING OFFICER. The ob- CHARLES BARCLAY, escalating fees. jection is heard. President, AAAE. DAVID Z. PLAVIN, Indeed, the Senate majority leader Mr. MCCAIN addressed the Chair. President, ACI–NA. told me, and he is on the floor now, The PRESIDING OFFICER. The Sen- that he has indicated to those in the ator from Arizona. banking community that they had bet- Mr. MCCAIN. Mr. President, 3 days SEPTEMBER 11, 1998. ter look carefully at what they are ago the distinguished majority leader Hon. TRENT LOTT, Majority Leader, U.S. Senate, Washington, DC. doing. If they continue to impose these asked unanimous consent, and it was fees on the little people, he may not be objected to. I come to the floor, again, DEAR MR. LEADER: We are writing with an nearly as supportive. to say I am happy to work with any urgent request. Congress is scheduled to ad- journ for the year in less than one month This is a close issue as it relates to Senators. The Senator from Virginia, and the Senate has still not taken up pend- when should government become in- Senator WARNER, is now in agreement. ing ‘‘must pass’’ legislation to reauthorize volved in the private sector. I believe I believe that the Senators from Illi- programs of the FAA. The current authoriza- that time has come. nois are, although unhappy, willing to tion expires September 30. If Congress fails S10474 CONGRESSIONAL RECORD — SENATE September 17, 1998 to reauthorize the Airport Improvement Pro- the core with who we are as a country the mother’s womb is usually in a gram prior to adjournment, the FAA will be and to what degree we respect life in head-down position at that age. The unable to fund critically needed safety, secu- this country and recognize life, recog- doctor, over a 3-day period, will begin rity, capacity and noise projects at airports nize an individual’s inclusion into our to dilate the cervix, open up the cervix, in every state in the nation. The House of Representatives has already passed its ver- family and our society. In many cases, so the doctor can reach in with forceps sion of the legislation, H.R. 4057. just as we did in voting with respect to and grab the baby’s foot and turn the Please bring FAA reauthorization legisla- banking laws, we have to draw lines. baby around and pull the baby out in a tion to the floor immediately, so that a final Part of the legislative process is, in breach position. version of the measure can be adopted and fact, drawing lines. Sometimes those I want to state that again. This is a signed into law prior to adjournment. With- lines are not clear. Sometimes the 3-day procedure. It starts with the dila- out swift congressional action, critically votes are very difficult, and it is hard tion of the cervix over a 2-day period. needed federal funding for runways, to understand in the area of gray where On the third day, when the cervix is taxiways, security and hundreds of other exactly you do draw the line. sufficiently dilated, the doctor goes in projects will stop after September 30. Thank you for your immediate attention I have always felt, with respect to with these forceps, grabs one of the on this important matter. the issue of partial-birth abortion, that baby’s limbs —usually the foot—pulls Sincerely, it was a very good place to at least the baby, turns the baby around into a Charles Barclay, American Association draw the first line, in a very emotional breach position, and begins to pull the of Airport Executives; Paula Bline, and confrontational issue, because we baby out of the birth canal in the Airport Consultants Council; T. Peter are not really talking about abortion breach position. As most people under- Ruane, American Road & Transpor- at that point, we are talking about in- stand, that is a very dangerous posi- tation Builders Assn.; Stephen fanticide. I think if you took a poll in tion for a normal delivery. You try to Sandherr, Associated General Contrac- tors; Luther Graef, American Society this Senate and asked whether Mem- avoid breach births because of the dan- of Civil Engineers; Peggy Hudson, bers of the Senate were in favor of in- ger to the mother, as well as the baby. American Portland Cement Alliance; fanticide, I hope and pray that the an- In this situation, they deliberately Henry Ogrodzinski, National Associa- swer would be 100 percent ‘‘no,’’ that turn the baby around and deliver the tion of State Aviation Officials; David they are not in favor of infanticide. baby in a breach position. The baby is Plavin, Airports Council International- Well, I believe, as many Senators have then pulled out feet-first until all of North America; Phil Boyer, Aircraft said, that this is infanticide. This is a the baby is outside of the mother, with Owners and Pilots Association; Ste- baby that is just 3 inches from being the exception of the head. The reason phen Alterman, Cargo Airline Associa- tion; Carol Hallett, Air Transport As- delivered and is brutally killed. for that is, the head being a hard part sociation. Let’s do a little rundown of how we of the body, even at that age—cer- got to the point where we are today. In tainly a harder part of the body at that f the last session of Congress, Congress age—and it is the biggest single part of PARTIAL-BIRTH ABORTION BAN passed a bill to ban this procedure, sent the body, it is left inside of the mother. ACT OF 1997—VETO it to the President, and he vetoed it. The third thing that happens is, the We had a vote to override in September physician reaches in with one hand and The PRESIDING OFFICER. Under of 1996. We had 59 votes on the floor of finds the back of the baby’s skull. You the previous unanimous consent agree- the Senate. They overrode in the can’t see the back of the baby’s skull ment, the Senate will now proceed to House. Last year, the Senate and House because the skull and neck are still in- the consideration of the veto message passed the bill. The House, in July of side of the mother. So they probe and on H.R. 1122. this year, overrode the President’s veto find the soft part here, right at the The Presiding Officer laid before the with a vote of 296–132, I believe. So now base of the skull. Then they take what Senate a message from the House of it comes to the Senate. is called a Metzenbaum scissors and Representatives, which was read as fol- Earlier this year, we had 64 votes on thrust it into the back of the baby’s lows: the floor of the U.S. Senate to ban this skull, open up a hole in the baby’s The House of Representatives having pro- procedure. Unfortunately, as over- skull, introduce a suction catheter, ceeded to reconsider the bill veto message to whelming a vote as that is, it is three which is a high-powered suction device, accompany H.R. 1122 entitled ‘‘An Act to short of the votes necessary to override amend title 18, United States Code, to ban and suck the baby’s brains out, which partial-birth abortions’’, returned by the a Presidential veto. So that is the state causes the collapse of the skull, and President of the United States with his ob- of play; three votes in the U.S. Senate then a dead baby is delivered. jections, to the House of Representatives, in separate us from what I believe is a This is the brutal procedure that the which it originated, it was clarion call to the world that we are a President of the United States has said Resolved, That the said bill pass, two-thirds civilized country that respects life must remain legal. This is the brutal of the House of Representatives agreeing to which is born in this country, or nearly procedure that we have the oppor- pass the same. born in this country, and a signal to tunity here in the U.S. Senate to say The PRESIDING OFFICER. The the country that we are just not quite has no place in a civilized society. question is, Shall the bill pass, the ob- ready to open our arms as a society I would think that would be enough jections of the President of the United and welcome every member to it. reason—that simply its brutality, its States to the contrary notwithstand- Let’s first go through the particulars shocking, barbaric, horrific nature ing? of what this procedure is, because I would be enough reason to ban this The time for debate will be limited to think it is important to define the pro- procedure. But there is much more. 4 hours, to be equally divided between cedure so everybody knows exactly There are so many reasons to ban this and controlled by the majority leader what we are talking about. These procedure beyond its horrific and bar- and the minority leader or their des- charts that I am going to show you, baric nature. ignees. while they are not particularly easy to In a few minutes, I will detail exactly Who yields time? look at, they do accurately describe, all of those reasons. I will detail all of Mr. SANTORUM addressed the Chair. according to several doctors who per- the lies that have been put out by the The PRESIDING OFFICER. The Sen- form them, what a partial-birth abor- other side to protect this rogue proce- ator from Pennsylvania is recognized. tion is. It is performed on babies that dure, which is not done in any hospital, Mr. SANTORUM. Mr. President, are at 20 weeks of gestation, roughly not taught in any medical school, has today we begin debate on the issue of halfway through the gestational proc- not been peer-reviewed and studied by partial-birth abortion, the override of ess. Between 20, 24, 26, and longer, it others to make sure that this was a the President’s veto, which he vetoed can be performed. One of the reasons, proper, safe procedure. This is a rogue last year. in fact, that this procedure was devel- procedure done only in abortion clin- I believe this is one of the most im- oped was to perform it on solely late- ics, when no one else is watching. portant issues, if not the most impor- term and very-late-term babies. So at Mr. President, I will yield the floor, tant issue, we will face in this session 20 weeks, and thereafter, this proce- as I know the Senator from Missouri is of Congress because it deals really at dure is used. The baby, as you see, in here and has other time commitments. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10475 I will yield and turn it over to the Sen- Tomorrow we will have the oppor- a medical coma is induced in the fetus ator from Missouri, Senator BOND. tunity to correct the President’s mis- and there is a neurological fetal de- The PRESIDING OFFICER (Mr. take. We are going to work on it. I ask mise. There is never a live birth. The SMITH of Oregon). The Senator from our constituents and the constituents baby dies. Missouri is recognized. of other Senators who may be unde- This was the testimony of a doctor Mr. BOND. Mr. President, I very cided to let them know how important who does this procedure before the much appreciate the courtesy of my overriding this veto is. I hope—I sin- House Judiciary Committee. Obvi- distinguished colleague from Pennsyl- cerely, honestly, and devoutly hope— ously, lots of anesthesiologists who vania. I congratulate him on his lead- that we will muster the necessary provide anesthesia to women who are ership on this issue. These are very, votes to override the veto tomorrow. going through labor and delivery be- very difficult procedures to describe I thank the Chair. I particularly come incensed that someone would and I know that no one here on the thank my colleague from Pennsyl- make such a statement—that by giving floor enjoys hearing them. But the fact vania. a woman anesthesia, enough would that they are so horrendous I think is Mr. SANTORUM. Mr. President, I pass into the baby to kill the baby. In one of the reasons we are here today. thank the Senator from Missouri for fact, they came up here to the House Mr. President, the Senate will soon his excellent comments and for his and Senate pleading to testify to set vote on whether to override the Presi- strong support for this legislation. the record straight, because there were dent’s veto of the Partial Birth Abor- Mr. President, I think it is important women who were not taking anesthesia tion Ban Act. This legislation would to understand a little bit more about because of what they had heard. ban a particularly hideous form of late this procedure and what has been said This is Norig Ellison, president of the term abortion known as ‘‘partial about this procedure over time by American Society of Anesthesiologists, birth’’ abortion. Unfortunately, while a those who defend its use. I think it is 4 years ago: majority of Senators supported the ban very instructive to understand the his- In my medical judgment it would be nec- last year, the vote count was not tory of what has been said so we can essary—in order to achieve ‘‘neurological de- enough at that time to override the better understand what really is the mise’’ of fetus in a ‘‘partial birth’’ abortion— subsequent veto by President Clinton. final thread that those who oppose this to anesthetize the mother to such a degree I hope that some Senators will have ban hold onto in order to justify their as to place her own health in serious jeop- had a change of heart since then and vote against banning this procedure. ardy. will vote to override the veto. The first, I guess, almost incredible In other words, it wouldn’t happen. This is a horrible procedure. The Sen- thing was when this bill was first in- Another lie. ator from New York, Mr. MOYNIHAN, troduced in the House—and in the Sen- Third lie, again, about anesthesia, has likened it to infanticide. Remem- ate, by BOB SMITH here in the Senate— that: ber that these are ‘‘late-term’’ abor- the original response by those who The fetus dies from an overdose of anesthe- tions, meaning they take place during were opposed to this bill was that—this sia given to the mother intravenously. or after the 5th month of pregnancy. A is the National Abortion Federation Again, Planned Parenthood said the fully developed fetus is brought down that called the ‘‘. . . illustrations of the birth canal, feet first, and then de- first one. partial birth abortions highly imagina- Dr. Haskell, who, again, is one of the livered, all but the head. Then the tive, artistically designed but with lit- abortionists who does this procedure, abortionist takes a pair of scissors, in- tle relationship to truth or to medi- serts them in the back of the baby’s said to the American Medical News: cine.’’ neck, and collapses the brain, and the ‘‘Let’s talk about whether or not the fetus Myriad other reports denied that this baby is delivered: dead. is dead beforehand. . . .’’ Haskell: ‘‘No, it’s I would note the American Medical even occurred; that there is no such not. No, it’s really not.’’ Association, representing thousands of thing as partial-birth abortion; or, as Lie No. 3, being perpetrated on the doctors, believes the ban is justified they like to call it, intact D&X. The American public and the Congress, in and that there is no room in medicine truth is that Dr. Haskell, who was one almost all cases rebuffed by their own for this procedure. of the originators of this procedure, de- people. The overwhelming majority of the scribed this procedure at a National Lie No. 4—this was a doozy: American people and Missourians are Abortion Federation meeting in 1992— Partial-birth abortion is ‘‘rare.’’ rightly revolted by this. Some states by the way, the original quote that I Once they got past the point of ac- have banned the procedure, and the quoted from was in 1995—3 years later. cepting the fact that it happened, that state of Missouri has come very close Yet, 3 years prior, a doctor spoke be- they admitted that it happened, they to banning it. Few other issues have fore the group and described this very then went out and said that this was generated so much mail and so many procedure using the very drawings that ‘‘rare’’; it only happened a few hundred phone calls to my office. People feel you saw earlier. Yet, 3 years later, that times a year: same federation that Dr. Haskell spoke very very strongly about banning this This surgical procedure is used only in procedure. And it is easy to see why. before denied it exists and denied those ‘‘rare’’ cases, fewer than 500 per year. It is And, the partial birth abortion ban pictures and depictions of the proce- most often performed in the cases of wanted has passed in both the House and the dure had anything to do with reality. pregnancies gone tragically wrong, when a Senate by large majorities. In fact, the Lie No. 1. family learns late in pregnancy of severe issue would be settled if President Lie No. 2: This was used by several of fetal anomalies, or medical condition that Clinton hadn’t vetoed the bill last the people you may hear from. Those threatens the pregnant woman’s life or year, against the wishes of an over- who will defend this procedure on the health. whelming number of Americans. floor today cite several women who This was signed by a slew of abortion Rarely have I seen a President, like have come forward to say that this pro- rights organizations: The Guttmacher this one, who is willing to ignore the cedure was necessary to preserve their Institute, Planned Parenthood, Na- wishes of the overwhelming majority of health and future fertility, or life. One tional Organization of Women, Zero the American people. The overwhelm- of the women who has been used—in Population Growth, Population Action ing majority is opposed to this hideous fact, the President called her up to the International, National Abortion Fed- procedure. White House and brought her before eration, and others. They all signed I have been asked why we are holding the American public in testimony that this. They all signed this letter to Con- this vote in the Senate, when we are she has given. She said she was told by gress. They testified in a letter to Con- likely to fall short of what is needed to her anesthesiologist that the fetus gress that this was the fact, that it was override the veto? We are holding this would endure no pain. This is because only tragic cases and there were only a vote today because the President made the mother is given a narcotic, analge- few. But according to the Bergen Coun- a terrible mistake in vetoing the bill. sia, at a dose based upon her weight. ty Record—and I have to tip my cap to It is up to Congress—it is up to Con- The narcotic is passed via the placenta them because, unfortunately, the en- gress on this issue to listen to the peo- directly into the fetal bloodstream. tire press corps in Washington, DC, ple, to try to reverse it. Due to the enormous weight difference, read this letter and accepted it as fact S10476 CONGRESSIONAL RECORD — SENATE September 17, 1998 and reported consistently that that the other organizations that you just to prevent the death of the mother, it was the fact. I asked many of the press saw on the last chart, that that was can be used. corps did they bother to check, did the reason this procedure was created The President says ‘‘to avert the they bother to check to see whether, in for those who it is used on, and that is death or serious injury.’’ To try to con- fact, the number and the cir- why it needs to remain legal. vince the American public that we do cumstances were accurate? Did anyone The truth: New York Times February not have a life-of-the-mother excep- bother to call a local abortion clinic in 26, 1997: tion, again, is disingenuous at best. their city and ask? Ron Fitzsimmons admitted he ‘‘lied ‘‘Serious Injury,’’ let’s go to the The answer was a resounding—that’s through my teeth’’ when he said the proce- American Medical Association. Who is right—nothing. The Bergen County dure was used rarely and only on women the American Medical Association? Record was one newspaper that did. whose lives were in danger or whose fetuses Most people know it is the largest asso- September 15, 1996, just 10 days before were damaged. ciation of doctors in this country. the vote to override the President’s Ron Fitzsimmons, again quoted in What is the American Medical Associa- veto in 1996: the American Medical News March 3, tion position on abortion? They are in But interviews with physicians who use the 1997: favor of abortion rights; very strongly method reveal that in New Jersey alone, at What the abortion rights supporters failed in favor of abortion rights. least 1500 partial-birth abortions are per- to acknowledge, Fitzsimmons said, is that What is the American Medical Asso- formed each year—three times the supposed the vast majority of these abortions are per- ciation’s position on banning medical national rate. formed in the 20-plus week range on healthy procedures? They abhor banning medi- Several months later we find out fetuses and healthy mothers. ‘‘The abortion cal procedures. They believe that medi- what really was going on. rights folks know it, the antiabortion folks cal procedures should be left to physi- know it and so probably does everyone else,’’ cians to determine what is good medi- Ron Fitzsimmons has suggested that be- he said. tween 3,000 and 5,000 partial-birth abortions cine and bad medicine. So, on two could be performed annually. Well, of course, we knew it. We knew counts we should have a tough time it because Dr. James T. McMahon, who Now, how do we know that he is getting the American Medical Associa- is now deceased, about 6 years ago said right? We have absolutely no way of tion to endorse a ban on a medical pro- that he performed most of the abor- knowing he is right. I will quote from cedure having to do with abortion. But tions, partial-birth abortions on the American Medical Association, the American Medical Association last healthy mothers with healthy babies Journal of the American Medical Asso- year endorsed the Partial-Birth Abor- late in pregnancy, in his case up to the ciation just last month with respect to tion Ban Act. They stated that it was eighth and ninth month of pregnancy. how we know how many of these are ‘‘not medically indicated.’’ He classified only 9 percent of that done. Let me quote from a group of obste- total of the 2,000 partial-birth abortion tricians, several hundred across the First of all, States do not provide abortion- procedures he alone did, he classified related information to the CDC. country, most of them board certified: Second, data gathered varies widely from only 9 percent of that total as involv- The partial-birth abortion procedure, as State to State with some States lacking in- ing maternal health indications of described by Dr. Martin Haskell, the Na- formation on as many as 40 to 50 percent of which the most common maternal tion’s leading practitioner of the procedure, abortions performed within their jurisdic- health indication that he gave as a rea- and defined in the Partial Birth Abortion tion. son for doing the abortion was depres- Ban Act, is never medically indicated and Third, the category the CDC uses to report can itself pose serious risks to the health sion; 56 percent were for ‘‘fetal flaws,’’ and future fertility of women. the method of abortion does not differentiate and those are his words, that included between what is called dilation and evacu- Four female OB/GYNs were here many nonlethal disorders, a sizable ation, D&E, and intact D&X, or partial birth today to have a press conference, here number as minor as cleft palate. abortion. on Capitol Hill, to talk about partial- Yes, we knew. We came to the floor We have no way of knowing, and even birth abortion, and all of them indi- and we said here are the facts. And the if they accurately reported it, some cated that not only is this not medi- other side stood behind the lies. They States don’t collect the data and those cally necessary, but this procedure, parroted them knowing that they that do, don’t report 40 to 50 percent of this rogue procedure, is incredibly dan- weren’t true. They parroted them ei- the data. So how do we know? Those of gerous to women and to women’s ther knowing they weren’t true or us who are here trying to argue that health. this procedure should be banned have praying that they could hide behind So, I go back to the point that I to rely upon Ron Fitzsimmons for the others who would try to fool the Amer- made before. There is enough grounds information. And who is Ron Fitz- ican public. on its sheer barbarism and the fact The sixth untruth and the final one, simmons? He is the chief lobbyist for that it is an affront to our sensibilities at least to date the final one. This is all the abortion clinics in this country and to our culture that we would allow the last untruth that those who con- that oppose this bill. So we have to use this kind of horrific procedure to tinue to oppose banning this procedure the information given to us by those occur. When you compound that with hold on to, this last thread of decep- who, by the way, have consistently the fact that it is not medically nec- tion. And that is that ‘‘partial-birth lied, who also don’t want the procedure essary, ever, to protect a woman’s abortion protects women’s health.’’ to be banned. We have to accept their health, when you compound that with President Clinton, in his veto mes- numbers as fact because there is no the fact that it is medically dangerous sage, April 10, 1996, when he vetoed the other way to independently check to women to have this procedure done, first ban: them. So I would just allow you to use and it is always done at an abortion your imagination as to what the num- I understand the desire to eliminate the clinic, where there are inadequate fa- use of a procedure that appears inhumane. ber really is in this country. If they But to eliminate it without taking into con- cilities to deal with these cir- admit to 3,000 to 5,000, what is the real sideration the rare and tragic circumstances cumstances promptly if something number? in which its use may be necessary would be should go wrong, if you combine just Lie No. 5. ‘‘Partial-birth abortion is even more inhumane. those facts it appears obvious that this only used to save a woman’s life or Fast forward to October 10, 1997, a procedure should be banned. health or when the fetus is deformed.’’ year ago, when he vetoed this bill. So, what I ask my colleagues on both This is Ron Fitzsimmons 2 years pre- H.R. 1122 does not contain an exception to sides of the aisle to do is to do some- vious. Let’s rewind 2 years back to 1995. the measure’s ban that will adequately pro- thing that is very, very difficult to do The procedure was used rarely or only on tect the lives and health of the small group here on the issue of abortion. When you women whose lives were in danger or whose of women in tragic circumstances who need mention the word ‘‘abortion’’ on the fetuses were damaged. a an abortion performed at a late stage of floor of the U.S. Senate or the U.S. And I can give you lots of other pregnancy to avert death or serious injury. House of Representatives, people dive quotes, by the way, from the Senate One comment first. This bill clearly into their trenches. They dive into floor and from the House floor that has a life-of-the-mother provision. If their trenches that they feel com- maintained this position, as well as all this procedure is in any way necessary fortable with because the last thing September 17, 1998 CONGRESSIONAL RECORD — SENATE S10477 you want to do is, during this battle, on every score, we must override the According to a 1987–1988 NIH study of jump from trench to trench, to try to President’s veto. seven hospitals, you can see at 23 get to both sides. That is because you I see the Senator from New Hamp- weeks, about a quarter of the babies end up getting shot at a lot, if you go shire is here—I am sorry, I turned my survive; 24 weeks, 34 percent; 25 weeks, from what would be considered the pro- back and he is gone. Let me just say 54 percent. life side and try to run the battlefield something about the Senator from New From 1986 to 1994 at Minneapolis over to the pro-choice side, or vice Hampshire. The Senator from New Children’s Medical Center, 45 percent versa. So what all the political consult- Hampshire, Senator SMITH, was the at 23 weeks; 53 percent at 24 weeks; 77 ants say is, ‘‘Stay in your trenches first person to introduce this bill in the percent at 25 weeks; and 83 percent at when you hear the word ‘abortion’.’’ last session of Congress. He did so when 26 weeks. Remember, these weeks ges- That is both sides. ‘‘Do not lift your there was not a whole lot of popular tation during Roe v. Wade when the de- head up because you either get shot by support in the polls for this because cision was decided, all of these were those who you are trying to join or the knowledge of the American public considered zero. your folks will shoot you in the back.’’ was minimal at best. He stood here In a Michigan study from 1994 to 1996, So let me say, first, to the Members when the votes were a lot closer than you see the numbers—27, 57, 77 and 82 of the Congress, the House and the Sen- they were today and the public was a percent. ate, for those Members who are ‘‘tradi- lot less informed, and all these lies Let me give you some updated num- tionally on the other side of this that I showed to you were all out there bers from this report that was pub- issue,’’ who are in the other trench, for being accepted by the press as truth. lished last month: them to climb out of that trench to But the Senator from New Hampshire Recent data from our institution [at face the fire and to stand with us, as stood here in the well, armed with Northwest]. . . indicate a survival rate at 24 weeks— they will tomorrow and vote for what what he knew was truth. He stood here The second line. A survival rate of 24 they know in their heart is morally, and argued and tried to focus the weeks of 83 percent—83 percent and at ethically, and medically right, I salute American public’s attention for the 25 weeks at 89 percent. them and I thank them. That is politi- first time on this gruesome, gristly Remember, these are all children cal courage. procedure. He is one of the heroes in born at that hospital, some of whom You hear a lot of talk these days trying to bring the consciousness of had abnormalities, some of whom had about political courage. Will we have the people to this Chamber. So I salute severe problems. They are not all the political courage to do the right him for that. I suspect he will be back healthy babies being born, and even at thing with respect to the President? in a minute. It gives me the oppor- that, the survival rate is in the Just let me suggest that there are tunity to talk about a couple of other eighties. If you filtered out those who many Members of this Senate who to- things. had fetal anomalies who would have morrow will show political courage and I want to get back to the moral issue died irrespective of when they were do the right thing. It is political cour- at hand. What we are talking about are born, I suspect this number is substan- age to follow your heart, to follow babies who are in the 20th week of ges- tially higher. So we are performing what you know inside you is right, not tation and later. Now, for most Ameri- partial-birth abortions most commonly just right for the children or for the cans, they have a hard time under- on babies who would be almost certain mothers, but what is right for our soci- standing, ‘‘Well, what’s the 20th week? to be able to live. ety and the message we send to all the What does the baby look like? What Some people suggest I shouldn’t draw people listening and watching what are its chances of survival? What are that distinction. A baby at 20 weeks, goes on here. we talking about here?’’ whether the baby can survive or not, is For those who have yet to climb out At 20 weeks gestation, a normal still a baby. I happen to subscribe to of the trench, I will tell you a couple of baby, ‘‘healthy’’ baby, most normal that. We draw lines that don’t exist in things. No. 1, the fire is not that in- healthy babies delivered at 20 weeks of our society about what is life and what tense once you climb out. The Amer- gestation will be born alive. That isn’t. There is no doubt in my mind ican public overwhelmingly supports doesn’t necessarily mean that they will that when my wife became pregnant banning this procedure. All of the med- survive. In fact, very few, if any, babies with a child, I knew that was going to ical evidence that has been out there to born at 20 weeks will survive. But they be a little boy or little girl and there support keeping this procedure legal will be born alive. wasn’t much doubt that it was going to has been debunked and discarded. Let me give you some of the statis- be a dog or a cat. But we draw lines There is nothing left except zealotry, tics we have, if we can get that chart, here as to what is life and what isn’t. except this concept that we cannot in- about survival rates of babies who are Some people feel comfortable draw- fringe on this right of abortion—even subject to partial-birth abortion. ing lines here. It comes to viability, if, as I would argue, this is not even When the Supreme Court came down whether they can live outside the abortion, as others have argued this is with the decision on Roe v. Wade, back womb. The Supreme Court was one of not even abortion once the baby is out- in the—actually early seventies, but in those entities that did decide that was side the mother’s womb. But we cannot the late seventies, the information I the place they had to draw the lines, even touch limiting that right. have, the viability, the time of viabil- where the rights of the child would in- I would say there is not a right in ity was considered to be around 28 crease and the rights of a woman to America that does not have a limit on weeks. Babies born before 28 weeks ges- kill her child would diminish. By not it. There is not one. Certainly, when it tation were not considered to be able banning this procedure, we allow little comes to taking the life of a little to be saved. They were not considered children—imagine, most of them, the baby, we in Congress should be able to to be viable. So much has happened vast majority, according to the people muster the courage to put some limit, with medical science since that time, who perform it, healthy babies, healthy to draw some line that says ‘‘enough.’’ and the numbers have changed and mothers, with very high probability of I would also say that for those to changed dramatically. surviving, who for just one small pe- whom I have talked, who have run that Let me share with you some numbers riod of time in the life of that child it gauntlet and come over and voted on from The Journal of American Medical is unwanted. For but a moment in the this issue to support this ban, there has Association. It is an article I referred life of a child, that baby is temporarily been communicated to me a great to earlier, and I will give the citation. unwanted by the one person who has sense of relief and satisfaction that It is called ‘‘Rationale for Banning absolute control over its destiny. they could break those chains and Abortions Late in Pregnancy,’’ by We read in the paper so much about stand up and do what in their heart Leroy Sprang, M.D., and Mark Neerhof, parents who are seeking to adopt chil- they knew was right; what in their con- D.O., Northwestern University Medical dren. There probably isn’t a person science they knew was right. So I ap- School, Evanston Northwestern here in the room who doesn’t know peal to your conscience, I appeal to Healthcare. someone who has gone to extraor- your heart. And I appeal to your rea- Here are some of the numbers that dinary lengths, who has waited an ex- son—I appeal to facts. On every score, we have used in past debates. traordinary long period of time to S10478 CONGRESSIONAL RECORD — SENATE September 17, 1998 adopt a baby, to love a baby, to accept I also say to you that this may be the the paramount right to the woman to it, that little gift from God as their most difficult issue for any politician make the decision whether she contin- own. And yet because for just a mo- to deal with in America today. I have ued the pregnancy. They made it clear ment in time of what could be a long been in and around public life for 32 that in the third trimester, the end of and beautiful life, that baby is un- years. It has not gotten any easier in 32 the pregnancy, that the State would be wanted, and because it is not wanted at years, at least not since the Roe v. able to impose restrictions. that very moment in time, its life is Wade decision, because the American They drew a distinction between that taken away. people are basically conflicted inter- time when the fetus could survive out- We are talking about if the mother nally about this issue of abortion. side the mother’s womb and that time didn’t want to carry the pregnancy to There are some who would argue no when it could not. And if it could not— term, if the feeling was, ‘‘Well, I just abortions under virtually any cir- the previability phase—then they felt don’t want to be burdened with this cumstances and others who would that this was more a decision for the pregnancy anymore,’’ deliver the baby, argue that the State—Government— woman to make. After viability, that give the baby a chance. There is no should not restrict abortions under any is, the ability of the fetus to survive medical need to kill the baby. There circumstances. But the vast majority outside the womb, then the State—the may be medical needs to terminate of Americans, I think personally, fall Government—could step in and say, pregnancy. The doctors today talked into some middle ground where they ‘‘We will limit the circumstances under about that at their press conference. understand that a woman’s right to which a woman can seek an abortion.’’ There may be the need for the health make this decision, in concert with her Unfortunately, the bill before us or life of the mother to terminate a doctor, her family and her conscience, today does not make that distinction. pregnancy, but there is never a need to is something that should be protected It does not draw that line. I fear it is kill a baby in the process of terminat- under law—it is currently protected fatally flawed from a constitutional ing the pregnancy. There is never a under law—but they want to see us do viewpoint, from the viewpoint of the need to drag this baby out—a baby that everything we can as a Government case of Roe v. Wade which guides us in feels pain. In fact, in Great Britain and as a people to reduce the likeli- this debate. As a result, I am not cer- right now the Parliament is consider- hood of abortion in this country. The tain that this bill, even if it were en- ing requiring doctors who perform number of abortions have diminished acted over the President’s veto, would abortions after 19 weeks to anesthetize some over the past few years, but it is survive a Court test. I believe the the baby because of conclusive research still a very widespread practice and Court has said repeatedly, ‘‘We are se- that shows that these babies feel pain. medical procedure in America. rious about drawing that line.’’ This In fact, there are articles that have My own personal views on it—I per- particular bill does not draw that line. been written by physicians who say sonally oppose abortion but I believe Having said that, though, let me tell they feel pain more intensely than we that we should take care where we you that I am not going to engage this do. draw the line about the Government’s debate just on pure legalisms and in- I quote again from this Northwestern involvement in that decision. You terpretations of Roe v. Wade. Let me study that says: would think after serving on Capitol go to the real question before us. Let When infants of similar gestational ages Hill for 16 years, and facing literally me try to address some of the points are delivered, pain management is an impor- hundreds of votes on the issue, that which the Senator from Pennsylvania tant part of the care rendered to them in the this would become rote, that it would has made. intensive care nursery. However, with intact be an easy, automatic, reflexive vote. I am not a medical doctor. Some D&X— It has never been that for me. It never Members of Congress are; I am not. Partial-birth abortion— will be. I pause and think and worry When I hear medical doctors say that pain management is not provided for the over every vote on this subject because this procedure, this partial-birth abor- fetus who is literally within inches of being I know what is at stake is very serious. tion procedure, is never medically nec- delivered. Forcibly incising the cranium Today, the Senator from Pennsyl- essary, I take that very seriously. with scissors and then suctioning out the vania comes to the floor and asks us to Recently, in the Chicago Tribune, in intercranial contents is certainly excruciat- my home State of Illinois, a professor ingly painful. It is beyond ironic that the vote to override President Clinton’s pain management practice for an intact D&X veto of his bill banning what is known from, I believe, Notre Dame University, on a human fetus would not meet Federal as the partial-birth abortion procedure. Douglas Kmiec—I hope I am pronounc- standards for the humane care of animals I will be voting to sustain the Presi- ing it correctly—wrote an article on used in medical research. dent’s veto. I will be voting in opposi- July 27 in which he quoted a man We have laws in this country—imag- tion to the Senator from Pennsylvania, whom I respect very much, C. Everett ine—we have laws in this country that but I want to make it clear why I am Koop, a medical doctor who served as require us to treat animals—animals— doing so. our Surgeon General and who I have better than we treat these little gifts It is my belief that this bill, as far as worked with closely on the tobacco from God. What is to become of us it goes, addresses one challenge before issue. He quoted Dr. Koop as saying when we simply cannot see what we us. This bill addresses one abortion that this medical procedure, this ‘‘Par- do? procedure. But there are many dif- tial-birth abortion is never medically I see the Senator from Illinois is ferent kinds of procedures. As terrify- necessary to protect a mother’s health here. I have used a lot of time on our ing and troubling as this procedure is, or future fertility.’’ side. I would be happy to yield the floor there are others. And the Senator from As I said, such a statement from a to Senator DURBIN. Pennsylvania would ban this one proce- medical doctor, and someone of Dr. Mr. DURBIN addressed the Chair. dure, if I am not mistaken, at any Koop’s reputation, I take very seri- The PRESIDING OFFICER. The Sen- stage in the pregnancy. Many of us be- ously. As a result, I came back to my ator from Illinois. lieve that this issue should be ad- office and wrote a letter the following Mr. DURBIN. Mr. President, thank dressed in a different manner. day, on July 28, 1998, to a group which you for the recognition. When it comes to the issue of late- I respect, the American College of Ob- I thank my colleague from Pennsyl- term abortions, allow me to try to ex- stetricians and Gynecologists here in vania. Let me say at the outset that plain what I mean when I use that Washington, DC. I did not try to color my colleague from Pennsylvania comes term. In the Roe v. Wade decision—I this letter or to influence their reply in to this floor to discuss this issue with believe in 1972, if I am not mistaken— any way. I wrote to them and said, heartfelt emotion. I am convinced of the Court, the Supreme Court across ‘‘Tell me, is Dr. Koop right? Is this his commitment to this cause. I have the street, divided a pregnancy into abortion procedure never medically served with him in both the House and three sections, three different tri- necessary?’’ the Senate. I would never question his mesters, three different periods of 3 A few days later I received a reply motives. And I know a little bit about months and basically said in the first from Dr. Ralph Hale, executive vice his family situation. I am sure that two trimesters, the first 6 months of president of the American College of they are sincere. the pregnancy, that they would give Obstetricians and Gynecologists. I ask September 17, 1998 CONGRESSIONAL RECORD — SENATE S10479 unanimous consent that the letter be sultation with the patient, must choose the For this reason, we have consistently op- printed in the RECORD. most appropriate method based upon the pa- posed the partial-birth abortion ban legisla- There being no objection, the mate- tient’s individual circumstances. tion. rial was ordered to be printed in the According to the Centers for Disease Con- He encloses the statement in full. trol and Prevention (CDC), only 5.3% of abor- RECORD, as follows: So what are we to do? Members of tions performed in the United States in 1993, the Senate have conflicting medical AMERICAN COLLEGE OF the most recent data available, were per- OBSTETRICIANS AND GYNECOLOGISTS, formed after the 16th week of pregnancy. A opinions here. Some medical associa- Washington, DC, August 13, 1998. preliminary figure published by the CDC for tions in my home State, some doctors Hon. RICHARD J. DURBIN, 1994 is 5.6%. The CDC does not collect data whom I respect, like Dr. Koop, feel that 364 Senate Russell Building, on the specified method of abortion, so it is it is never necessary; and the American Washington, DC. unknown how many of these were performed DEAR SENATOR DURBIN: I am writing in re- College of Obstetricians and Gyne- using intact D & X. Other data show that sponse to your July 28th letter in which you cologists says it may be the best or second trimester transvaginal instrumental asked for the College’s response to Dr. most appropriate procedure and only abortion is a safe procedure. Koop’s statement that ‘‘Partial-birth abor- Terminating a pregnancy is performed in the doctor can decide. tion is never medically necessary to protect some circumstances to save the life or pre- It puts us in a dilemma. Some think a mother’s health or future fertility.’’ serve the health of the mother. Intact D & X it is an easy call—never will we need it; The College’s position on this is contained is one of the methods available in some of never should we use it. Then you read in the statement of policy entitled State- these situations. A select panel convened by from the doctors who work with these ment on Intact Dilation and Extraction. In ACOG could identify no circumstances under that statement we say, ‘‘Terminating a preg- women who have come upon complica- which this procedure, as defined above, nancy is performed in some circumstances to tions in their pregnancy that they would be the only option to save the life or save the life or preserve the health of the never expected. preserve the health of the woman. An intact mother.’’ It continues, ‘‘A select panel con- When this matter was first debated, I D & X, however, may be the best or most ap- vened by ACOG could identify no cir- propriate procedure in a particular cir- met a woman from a suburb of Chicago, cumstances under which this procedure, as cumstance to save the life or preserve the from the Naperville area, who has been defined above, would be the only option to health of a woman, and only the doctor, in kind enough or brave enough to come save the life or preserve the health of the consultation with the patient, based upon forward and explain what happened to woman.’’ Our statement goes on to say, ‘‘An the woman’s particular circumstances can intact D & X, however, may be the best or her. Her situation opened my eyes to make this decision. The potential exists that most appropriate procedure in a particular the fact that this debate is not as easy legislation prohibiting specific medical prac- circumstance to save the life or preserve the as it sounds. She was the mother of a tices, such as intact D & X, may outlaw tech- health of a woman, and only the doctor, in child, pregnant with another child, and niques that are critical to the lives and consultation with the patient based upon the health of American women. The intervention had determined through ultrasound woman’s particular circumstances can make of legislative bodies into medical decision that she was about to have a little this decision.’’ For this reason, we have con- making is inappropriate, ill advised, and baby boy. She and her husband had sistently opposed ‘‘partial-birth abortion’’ dangerous. picked out a name. She had painted the legislation. Approved by the Executive Board, January Please find enclosed ACOG’s statement on nursery. They had bought the fur- 12, 1997. intact D & X. Thank you for seeking the niture. They were ready and expecting views of the College. As always, we are Mr. DURBIN. Let me speak to the parents, only to learn late in the preg- pleased to work with you. contents of this letter, because I think nancy that the child suffered from a se- Sincerely, it is an important letter when we con- rious deformity which precluded the RALPH W. HALE, MD, sider the medical debate here—not the possibility that it would survive after Executive Vice President. legal or political debate but the medi- birth, and that the continued preg- Enclosure. cal debate. nancy could jeopardize her health or ACOG STATEMENT OF POLICY ON INTACT Dr. Hale wrote to me: her ability to ever have another child. DILATION AND EXTRACTION DEAR SENATOR DURBIN: I am writing in re- I spoke to her about what happened The debate regarding legislation to pro- sponse to your July 28th letter in which you after the doctor made that diagnosis. hibit as method of abortion, such as the leg- asked for the College’s response to Dr. She spoke of sitting up all night crying islation banning ‘‘partial birth abortion,’’ Koop’s statement that ‘‘Partial-birth abor- with her husband over what they were and ‘‘brain sucking abortions,’’ has promoted tion is never medically necessary to protect to do. They did not believe in abortion. questions regarding these procedures. It is a mother’s health or future fertility.’’ Yet what a terrible dilemma they difficult to respond to these questions be- Dr. Hale goes on to say: faced. Continue the pregnancy at the cause the descriptions are vague and do not The College’s position on this is contained risk to her health, at the risk of never delineate a specific procedure recognized in in a statement of policy entitled ‘‘Statement having another baby, or terminate the the medical literature. Moreover, the defini- on Intact Dilation and Extraction.’’ tions could be interpreted to include ele- pregnancy of a fetus, a baby—whatever ments of many recognized abortion and oper- That term, ‘‘intact dilation and ex- term you use—that could not survive. ative obstetric techniques. traction,’’ is the technical medical They made the decision to go ahead The American College of Obstetricians and term for what we term ‘‘partial-birth with the procedure that would be Gynecologists (ACOG) believes that the in- abortion.’’ banned by this legislation. tent of such legislative proposals is to pro- Dr. Hale goes on to say: She told me that story. Then she in- hibit a procedure referred to as ‘‘Intact Dila- In that statement we say, ‘‘Terminating a troduced me to her new baby in the tation and Extraction’’ (Intact D & X). This pregnancy is performed in some cir- procedure has been described as containing stroller she was pushing. They made cumstances to save the life or preserve the all of the following four elements: the decision to go forward and look to health of the mother.’’ It continues, ‘‘A se- 1. deliberate dilation of the cervix, usually the future with another baby. lect panel convened by [the American Col- over a sequence of days; I won’t presume that everyone listen- 2. instrumental conversion of the fetus to a lege of Obstetricians and Gynecologists] ing to this debate would have made footling breech; could identify no circumstances under which this procedure, as defined above, would be that same decision. Others might have 3. breech extraction of the body excepting seen it quite differently. In her case, the head; and the only option to save the life or preserve 4. partial evacuation of the intracranial the health of the woman.’’ she thought she and her husband, with contents of a living fetus to effect vaginal The statement goes on to say, their doctor, did the right thing, and their decision resulted in another baby delivery of a dead but otherwise intact fetus. An intact D&X, [partial-birth abortion] Because these elements are part of estab- however, may be the best or most appro- boy that they are very proud of and lished obstetric techniques, it must be em- priate procedure in a particular cir- happy to have brought on this Earth. phasized that unless all four elements are cumstance to save the life or preserve the So the belief that many people en- present in sequence, the procedure is not an health of a woman . . . gage in this procedure for casual rea- intact D & X. sons—at least in this case—did not Abortion intends to terminate a pregnancy And listen closely, while preserving the life and health of the . . . and only the doctor, in consultation apply. We have to take care in this de- mother. When abortion is performed after 16 with the patient based upon the woman’s bate that when we ban certain proce- weeks, intact D & X is one method of termi- particular circumstances can make this deci- dures and say doctors can never use nating a pregnancy. The physician, in con- sion. them, we apply them to all situations, S10480 CONGRESSIONAL RECORD — SENATE September 17, 1998 including the one that I have just de- dishonest. We think the second doc- in which they say it may be, but they scribed. tor’s opinion will argue against that. have never given any hypothetical Here is what I think we should do. I The penalties involved in this are where it says it would be. That is will vote to sustain the President’s very serious. A doctor who would ig- somewhat troubling, to sort of hang veto. I don’t know if I will prevail or nore the law which we seek to have en- your hat on a possibility when the very whether the Senator from Pennsyl- acted in the bill which we will intro- organization you are hanging your hat vania will prevail. But I hope that we duce today faces a fine of $100,000 for on refuses to give a possibility of can leave this debate without saying the first instance, and a possible loss of whether it meets their definition. that they have had another wild debate his medical license. In the second case, With respect to the constituent in in Washington, the issue went unre- a fine of $250,000 and the loss of his the Senator’s State, I can’t tell you solved, and they will probably return medical license. how sorry I feel for her and for what to that same debate next year—we I don’t know how you can be more se- she had to go through. But, unfortu- have done that year after year after rious than the approach we have taken, nately, many people in this country do year. to say we want to make certain that not get the best medical information. A number of us, today, came forward late-term abortions are limited to One of the things I hope we can accom- and said that we hoped that we could these situations. plish with this discussion—and I think take this debate to another position, Some people have asked, Why don’t to some degree we have—is to improve another level, a more constructive you just vote for the bill that is before the quality of information women get level, I hope, after we consider this leg- the Senate as well as your own? I can- in this country with respect to deci- islation. I joined Senators in the press not do that. The reason I cannot do it sions about pregnancy, particularly gallery today who have agreed to be is because there is no provision made late-term, and particularly when it original cosponsors of legislation in the bill offered before the Senate for comes to disabled children or children which I have introduced. This is legis- cases where a woman discovers late in who maybe just aren’t perfect. lation that is supported by Democrats her pregnancy that to continue the I just know from all of the informa- and Republicans: Senators OLYMPIA pregnancy would present the risk of tion we have been provided from the SNOWE and SUSAN COLLINS, Republicans grievous injury to her physical health. AMA, from the physicians—and Sen- of Maine; Democrats TORRICELLI, MI- There is a life-of-the-mother exception, ator FRIST is going to talk about it KULSKI, ROBERT GRAHAM, LANDRIEU, but no exception for grievous injury to from the point of view of a physician and LIEBERMAN are my cosponsors on physical health. That is the reason I —in every case the President cited, in- this legislation. I hope that in intro- will vote to sustain the President’s cluding the case the Senator referred ducing this bill we can move this de- veto. Later today, at the appropriate to in Illinois, there were other, better bate to another level, a different level, time, I will introduce the legislation alternatives available to her that and one that is not inconsistent with which I have coauthored and described. would have been safer for her to have the philosophy of my friend from Penn- Let me say in closing that I respect as opposed to this. It doesn’t mean her sylvania. the Senator from Pennsylvania and his doctor didn’t want to perform this. The What we attempt to do in this bill is views and I respect those who disagree doctor may well have. But the fact is, say the following: Let us restrict all with him. I believe this debate is a de- we don’t always get the best doctors late-term abortions, regardless of the bate over an issue of conscience and who give us the best advice. We went to procedure—whether it uses this proce- one that many of us struggle with on a the experts, and what the experts have dure or some other procedure—to two regular basis. I hope that what we have told us is that this procedure is not the specific examples: Situations where the tried to do today on a bipartisan basis, safest. life of the mother is at stake—in other to suggest an alternative approach, With that, I yield to the Senator words, if she learned in the seventh, could lead us away from this long-term from Tennessee, the only physician in eighth, or ninth month of pregnancy debate, to a resolution in a fair and hu- the U.S. Senate, to talk about that that if she continued the pregnancy she mane manner. very subject. would die; or situations where that I yield the floor. The PRESIDING OFFICER. The Sen- same mother learns late in the preg- Mr. SANTORUM addressed the Chair. ator from Tennessee. nancy that if she continues the preg- The PRESIDING OFFICER. The Sen- Mr. FRIST. Mr. President, I rise to nancy she runs the risk of grievous in- ator from Pennsylvania. really cut through a lot of the emotion jury to her physical health, like the Mr. SANTORUM. Mr. President, if I and a lot of the rhetoric and really case that I just described. Those are can take a moment to specifically re- bring together how I view this particu- the only exceptions. No other reasons. spond to a couple of things from the lar issue. And really I will take very It is not a question of being depressed Senator from Illinois. I commend him few minutes because, to me, it becomes or changing your mind—as if anybody for coming forward and expressing his very clear once the facts are put on the would make a decision on an abortion views. We don’t agree, but as is appro- table. for that matter. I don’t know that they priate here in the U.S. Senate, we can I speak as a U.S. Senator, as someone ever would, but it is specifically pro- disagree without being disagreeable. I who understands an obligation to his hibited under this law. respect his right to articulate his view- fellow man, as being a trustee in the And we say that not only the doctor points. U.S. Senate to the American people; who performs the abortion must certify With respect to the letter from the but I also want to speak as a physician, these medical circumstances, but in American College of Obstetricians and one who has spent his entire adult life addition, a second nontreating doctor Gynecologists that the Senator from in the practice of medicine, reaching must be brought in. He or she must Illinois read, they did say they: out to people, being trained at hos- certify in writing that these medical . . . could identify no circumstances under pitals across this country, exposed to conditions exist. Then and only then which this procedure would be the only op- accepted therapeutic procedures, un- could there be any abortion procedure, tion to save the life or preserve the health of derstanding what peer review is about, including this one, in a late-term preg- a woman. and to let you know how I assess where nancy. And they do go on to say: we are today. We believe this is a constructive and, . . . however, [it] may be the best or most It really comes down to a single I hope, promising approach. It builds appropriate procedure in a particular cir- statement, which is as follows: Partial- on an amendment offered last year by cumstance to save the life or preserve the birth abortion should never—should Senator TOM DASCHLE, the Democratic health of the woman. never—be performed, because it is minority leader, one that I supported. However, no specific examples or cir- needlessly risky to the woman, because We have added the second doctor’s cumstances under which an intact D&X it is an unnecessary procedure, because opinion because criticisms were would be the most appropriate proce- it is inhumane to the fetus, and be- raised—I didn’t agree with them—that dure are given. In fact, they have never cause it is medically unacceptable and the doctor who performed the abortion been given. They have never put for- offends the very basic civil sensibilities might make a certification that was ward any procedure, any circumstance of people all across this country. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10481 Several points. No. 1, there has been types of procedures, of laceration, of have been made apparent to me. We this whole myth of how common this hemorrhage, of bleeding, of having need data collection. We need peer re- procedure is. Let me just say that the those scissors nick one of those blood view of these sort of fringe procedures procedure is being done today as we vessels and have the patient suffer. One that are performed outside of the main- speak. Initially, it was billed as being a of the problems is because these proce- stream. very rare procedure, that really just a dures are not performed at the Massa- There has been, I believe, extraor- handful are being done, and therefore chusetts General Hospital where I prac- dinary medical consensus that has we don’t need Federal legislation. Well, ticed, or Vanderbilt Medical Center come forward. It was difficult 21⁄2 or 3 one of the byproducts of this ongoing where I practiced, or Stanford Medical years ago, because physicians who are debate over the last 21⁄2 to 3 years has Center where I practiced, where there trained in our 125 academic and medi- been that we know this procedure is is peer review, where people are look- cal centers and medical schools have being performed every day. In fact, we ing in. And because these procedures never been exposed to this procedure. looked at information that has come are performed in clinics not subjected It is only the fringe physicians in clin- out and we know that one facility has to peer review, we never hear about ics outside of the major hospitals doing reported almost 1,500 of these in 1 year. those complications. But the complica- the procedure. Most people didn’t know One physician reported doing more tions are there, and hospitals see these what a partial-birth abortion was. We than 700 of these procedures, and an- patients admitted after this procedure. have educated physicians. We have edu- other, over 2,000 of these procedures. It is a dangerous procedure. The risks cated people in the health care arena. Remember, these are brutal proce- are there to women. Yet, we as an And, as a product of that, there has dures. American people have allowed that to been this extraordinary medical con- A second point. This procedure has occur all across this country. sensus that has emerged. been defined on the floor, and it will be A third point. This really applies, I Yes, on the floor you can always hear defined again, because it is important think, and enters the field of ethical people who stand up and say, ‘‘We are for people to understand what a brutal considerations, which is what we do to against the Federal legislation because procedure this is. But an equally im- the fetus. Remember, the fetus is very it infringes on our right to make deci- portant point is that this procedure far along. This is just prior to delivery sions about our patients.’’ They don’t poses substantial risk for the mother, of that infant. I want to make this come out and defend the procedure. for the woman. It is a dangerous proce- point, and I don’t want to dwell on the We need to come back again and dure being performed every day on the point, but that taking of scissors and again and recognize that this is not a fringe, outside of mainstream medi- thrusting it into the base of the skull, debate about pro-life, or pro-choice, or cine. the expansion of those scissors and the abortion to me in any way. Because of It is important for people to under- ultimate evacuation of the brain, those the way the bill is written, it focuses stand that this procedure is not taught contents, is painful to that infant. very narrowly on a specific procedure in any medical school in the United That infant feels that pain. Thus, it is that is unnecessary. States of America. It is important for an inhumane procedure in which no Mr. President, I look forward to com- the American people to understand specific pain management is given, and ing back and continuing our discus- that generally accepted textbooks do that forcible incising of the cranium, sion. I know we have a number of peo- not even mention this procedure. It is or head, is painful. ple on the floor who want to speak on not defined. It is important for Amer- Fourth point. This procedure is un- this particular issue. ica to understand that there are no necessary. It is never —never—the only But let me just close with one final peer-reviewed, credible studies on par- option. According to the Society of Ob- comment before turning back to the tial-birth abortion that evaluate in any stetricians and Gynecologists, who will Senator from Pennsylvania and the way its safety. It is important for the be referred to again and again, ‘‘We Senator from New Hampshire, who American people to know that our could identify no circumstance under have done an outstanding job in terms OB/GYN, obstetrics/gynecologic, which this procedure would be the only of leadership, and say once again that residencies who train residents to de- option to save the life or preserve the partial-birth abortion should never be liver babies in the future do not have health of the woman.’’ That statement performed because it is needless risk, it this procedure as a part of their cur- is a very important one because it basi- is inhumane, it is ethically unaccept- riculum. Why? Because it is dangerous, cally says this is an unnecessary proce- able, and it is totally unnecessary. it is fringe, outside of the mainstream. dure. Mr. SANTORUM. Mr. President, I It has not been evaluated. Yet, it goes There will be colleagues to follow— thank the Senator from Tennessee for on every day, hurting women all across and there will be comments by many of his expert witness testimony here on this country. my colleagues—saying, ‘‘Yes, that is the floor of the U.S. Senate. We are for- What are the complications? Well, right. We can’t identify any particular tunate to have an expert in the area of there are a number of standard com- circumstance where there is not a safer medicine to provide us with this kind plications that occur during a third- accepted mainstream procedure that of information. I, very much, appre- trimester abortion. That includes per- could be used.’’ But I don’t like the ciate his willingness to come forward foration of that organ, the uterus, Federal Government doing anything and speak so intelligently and force- which contains the fetus. There is a and saying it is against the law to do fully on this issue. second risk of infection when an abor- any particular procedure, even if you I also thank the Senator from New tion is performed in that third tri- could find it in detail like you have. I Hampshire, who has been very patient mester. There is a third, and that is of don’t want them coming in just in the letting the Senator from Tennessee and bleeding. But, in addition, because the event something will come up. now the Senator from North Carolina, way this procedure—this fringe, brutal Again, let me go back. This is a Senator FAIRCLOTH, be recognized for 5 procedure—is performed—and remem- fringe procedure. It is out of the main- minutes. ber, it is performed in a blind way, stream, not subjected to peer review. The PRESIDING OFFICER. The Sen- with the hand inserted into the uterus We know it is dangerous. There are al- ator from North Carolina. with scissors thrust up underneath ways alternative procedures available. Mr. FAIRCLOTH. Thank you, Mr. that head and into the base of the It is a common procedure performed President. skull. That is all done blindly, in a frequently. It is a dangerous proce- Mr. President, it saddens me that we uterus which is large, containing the dure—dangerous to the woman. It is an are here again debating partial-birth fetus, which is engorged, has huge inhumane procedure thrusting those abortion. I feel inadequate at this point blood vessels within a centimeter of scissors into that fetus’ head. It is an after hearing Dr. FRIST give a thor- where these scissors are blindly being unnecessary procedure. Never is it the ough, methodical, and definitive reason thrust into the base of the skull. only option. Alternative procedures are why it is such a cruel and brutal proce- I describe it that way because that is always available. dure that it never even should be con- the reality, and the risk is there for Over the last couple of years as I sidered. How anybody could vote to this procedure, and it is not for other have studied this issue, a lot of things sustain a veto after hearing Dr. FRIST, S10482 CONGRESSIONAL RECORD — SENATE September 17, 1998

Senator FRIST, explain the brutality agree that those children deserve our SANTORUM who was not saying any- and the fringe element that is doing law and protection. thing but listening to the debate. this procedure is more than I can imag- I am asking my colleagues—and, There was a very emotional exchange ine. most importantly, President Clinton— privately between the Senator and my- There are 125 medical centers and to put values ahead of votes and end self. He just indicated to me that he schools in this Nation, and not one of the tragedy of partial-birth abortion. had to get involved in this because of them teaches the procedure as a meth- Thank you, Mr. President. Mr. Presi- the horror of it, and he has. He has od of medicine. It is totally a fringe dent, I yield any time I may have. been a great leader, and I certainly ap- element, as he well says. Mr. SANTORUM. Mr. President, the preciate another horse in the harness, I feel so inadequate here following Senator from California is here, and so to speak. him, who is an authority, and spent his she said she is not quite ready so we This is beyond, I should say, the in- life in medicine, and understands the will proceed with another speaker. The your-face politics that we have endured medical reasons why we should not be Senator from New Hampshire has been on the floor in the past. I know I have doing it. very patient. I yield to him such time gotten beyond it. I don’t want to get But the very idea of just taking a as he needs. into anybody’s face on abortion or par- pair of scissors and driving them into The PRESIDING OFFICER (Mr. GOR- tial-birth abortion. I want to get in the skull of a child that is practically TON). The Senator from New Hamp- your heart. I want to get in your hearts ready to be born, to me is horrible be- shire. because that is what this is about. I yond anything we can think of—the Mr. SMITH of New Hampshire. I know that as we debate on the floor pain to the child, and the danger to the thank the Chair. I thank the Senator you don’t see a huge crowd here. Hope- mother. It is absolutely incomprehen- for his leadership. fully, somebody is watching on the sible to me how anyone could vote to I wish to start my remarks by saying monitor. Of that 36 out there who have continue this procedure. what an honor and privilege it is for yet to see our way, maybe somehow, It was said by Dr. FRIST that it is me to stand here on the Senate floor some way, some will see that it is done by a fringe element, but they are with such distinguished colleagues as wrong to continue to tolerate this in doing a lot of them. They are not even Senator FRIST, Senator FAIRCLOTH, America and their votes will change, at taught by medical doctors in medical Senator SANTORUM and others who least enough votes will change to end schools. Yet, we are here authorizing have spoken out so eloquently against this horror. it. this terrible practice that takes place, This is America, supposedly the Again, how many times will Presi- unfortunately, too many times in the moral leader of the world. What does it dent Clinton stand in the way of the United States of America. Congress and to overwhelming feelings say to our children when we kill chil- I was particularly impressed with the dren, their colleagues, with a pair of of the people of America and veto our remarks from our distinguished col- attempt at outlawing this horrible pro- scissors and a suction hose as they exit league, Senator FRIST, who today I cedure? the birth canal? What does that tell think is more important as a doctor For me, this is about values, our val- them? How do you say to your chil- ues. It is one of the great moral ques- than as a Senator perhaps, listening to dren, ‘‘Be good today; do your home- tions of our time. It is a moral ques- his very impressive and technical re- work; mind your parents; do what’s tion. We know that late-term abortions marks about just exactly what this right; live a good life; be a good Chris- are wrong. We know it from everything procedure is and how it is not nec- tian; do unto others; be good’’—how we are taught—from our religious be- essary for the health or the life of the can you say that and support this? liefs, to our medical authorities, which mother, to save the life or to enhance What message are you giving them? we just heard. We need to summon the the health of the mother, and he noted, No one should be surprised about the moral courage to draw a clear line of as has been said, the fringe element immorality that we see in our country conscience by saying simply flat and who perform these horrible procedures. today because we are not setting the straight out, ‘‘no more partial-birth In addition to that, I would just men- example. We have an awesome respon- abortions,’’ not just from the facts that tion that here in this notebook—Sen- sibility as leaders in this country, RIST we heard from Senator FRIST, but just ator F you heard from. He had a whether we are in the Senate or wheth- the overall facts. The American Medi- press conference this morning with er we are just ordinary parents every cal Association says that partial-birth four distinguished physicians, obstetri- day setting an example for our chil- abortions are medically unnecessary. cians and gynecologists, who spoke out dren. It is an awesome responsibility. That one statement is true is enough saying the exact same thing that Sen- I remember when I spoke in the to outlaw this procedure. But it actu- ator FRIST said. Here in this book are Chamber 3 years ago, I was chastised ally is not even done in the medical 180 letters. These are just the ones I by a colleague for showing those same profession. It is a fringe procedure that have received in my office. These are medical charts that Senator SANTORUM goes far outside the normal circles of from all the doctors who say that it is has shown in front of young pages sit- medicine. unnecessary to save the life of the ting in the well. Well, I think they had Former Surgeon General Everett mother or to enhance the health of the to see that. I think they needed to Koop said partial-birth abortions may mother—180. I am sure there are many know what we as adults are doing to harm a mother’s fertility. We hear other Senators who have received simi- their younger colleagues, the unborn from other segments of the American lar correspondence saying exactly the children who have done nothing medical society that it probably will same thing. against anybody. This is the execution harm a mother’s fertility. Spiritual But having been involved for almost of a child as it enters the world. You leaders from every segment of religion 4 years now in this debate, coming to cannot color it up. You cannot make it in the country—religious leaders such the floor, fighting your heart out, los- any nicer. as Billy Graham, Pope John Paul— ing, it is pretty tough, and it is very You can talk about all the legalities. have spoken out on the horrible proce- emotional. And I know it has been the I heard my colleague, Senator DURBIN dure that this is and how it should be same for my dear friend and colleague, from Illinois, a few minutes ago say we eliminated from our society forever Senator SANTORUM of Pennsylvania, had to follow the guidance of Roe v. and outlawed forever. who has poured his heart and soul into Wade. I might change that slightly and We are talking about taking the life this issue. say the misguidance of Roe v. Wade. of a child who can survive outside the I remember very clearly, and I am This is not about technicalities. It is mother’s womb. We just heard Senator sure the Senator does as well, in 1995, not about legal definitions. It is not FRIST describe it can survive, and how when I was pretty much alone on the about falsely creating definitions of that life is taken by the cruel process floor of the Senate—and I want to get what threats to health or threats to of pushing a pair of scissors into it and into that a little bit in a moment as to life are. This is about real children expanding it and removing the brain. why I was here—there was a newly really dying every day as we speak. As It is a horrible procedure. Both pro- elected Senator, fairly newly elected this debate occurs, more will die, and life and pro-choice should be able to Senator from Pennsylvania named we are letting it happen. And three September 17, 1998 CONGRESSIONAL RECORD — SENATE S10483 votes in this Chamber tomorrow morn- pursuit of happiness.’’ You cannot have used, Ron Fitzsimmons. He has been ing, three more than we had the last liberty, you cannot pursue your quoted here earlier, but he publicly ad- time, will end it all, will stop it. So dreams, if you are killed before you are mitted last year that he ‘‘lied through when you think about whether your born. I do not often quote from the [his] teeth’’ when he helped orchestrate vote counts, whether it matters, my Bible, but you reap what you sow, and the campaign against partial-birth colleagues, it matters. It matters. we will reap what we sow if we do not abortion. I stood in the Chamber 3 years ago. end this practice in America. When I stood on the floor here, I was Initially, I didn’t know what this was. When the historians write about this told that there were just a few dozen a I could not believe that anything that age and this era—and I am standing year, that I was some kind of an ex- would even resemble a so-called par- right now at the desk of Daniel Web- tremist, a radical. President Clinton, tial-birth abortion would occur in this ster. I think about it every time I Vice President GORE, Mrs. Clinton, country. I didn’t believe it. So I speak. It is the only original desk in came to New Hampshire in 1996 and checked it out. I talked to people who the Senate. There was a resolution campaigned against me in the last actually assisted and performed them. passed in the 1960s that said for now week of the election on this issue. I took the charts. I came down in the and ever more, this desk belongs to the In an interview published in the New Chamber. I held up the same medical senior Senator from New Hampshire. York Times on February 27, 1997, and doll that four doctors held up in a press Nobody else will ever get it. That is in an article published in the American conference today. I showed exactly one of the highest honors that anybody Medical News on March 3, 1997, Fitz- what happened with a medical doll— could ever have. simmons made the surprisingly candid not a plastic fetus, as the critics in the But the point I am making is we are admission that he had ‘‘lied’’ when he press like to call it, but a medical doll. here for only a short time. Webster oc- claimed that partial-birth abortions I simply showed the same size as a real cupied this desk. It did not belong to are rare. child, the same size as that child who Webster, and it does not belong to me. In those same interviews Fitz- is being held by the abortionist, to sim- It belongs to the people of New Hamp- simmons also conceded that he ‘‘lied’’ ply show what happens. shire and the people of America. The when he claimed that partial-birth I said then and I will say now, in any years will go by and the historians will abortions are performed only on community in America—you pick it, look back, just like they look back on women whose lives are in danger or you name it, your hometown, wherever Lincoln and the Civil War, and they are whose unborn children are severely dis- it is—if you picked up your hometown going to write about this era. I know abled. ‘‘It made be physically ill,’’ he paper tomorrow and in that hometown one thing, Senator SANTORUM, we are told his interviewer. ‘‘I told my wife paper it said all the puppies and cats in on the right side. History is going to the next day, ‘I can’t do this again.’ ’’ A your local humane society were going judge us as being on the right side, I man of conscience. In seeking to jus- to be killed with no anesthetic, with a promise you that. Don’t worry about tify his veto of the Partial-Birth Abor- scissors to the back of the skull, open it. It is a done deal. We are on the right tion Ban Act last year, the New York the skull and insert a tube to suck the side, for the same reason that Abraham Times points out, ‘‘President Clinton brains out, I think you would probably Lincoln was on the right side. echoed the argument of Mr. Fitz- be pretty upset. And you know what? It Can you imagine Abraham Lincoln simmons.’’ In other words, in justifying would probably be stopped. It probably taking a poll on whether or not we his veto, Mr. Clinton relied on the wouldn’t happen. But it is happening to should end slavery? Putting his finger same statements of ‘‘fact’’—or wrong children and we are letting it happen to the wind and trying to decide what facts—that have now been conceded by right here, tomorrow, on the floor of the politically expedient thing to do is, a key leader of the abortion industry the U.S. Senate unless three Senators to end slavery? Could you imagine Pat- to be ‘‘lies.’’ have the courage to put the politics rick Henry taking the floor of the Vir- In summary, the President used Fitz- aside and change their vote. ginia Assembly and saying I wonder if simmons’ argument; Fitzsimmons was When I came down here in 1995, I had these folks want liberty or whether lying, and the President should change one cosponsor because, frankly, people they want death? Maybe I ought to poll his position. If the President of the didn’t know what this was. Senator them before I make this speech. United States, tonight, would say to PHIL GRAMM of Texas was an original. Those were men of principle. Those his colleagues in the Senate, ‘‘I was We have come a long way since then, were men of principle. They were not wrong, override me,’’ imagine the im- and we are not there yet. When the afraid of the political ramifications. pact that would have on this Nation. partial-birth abortion ban first passed When Patrick Henry said ‘‘Give me lib- Regarding the President, I called the Senate on December 7, 1995, it did erty or give me death,’’ he meant it. He upon the President a couple of years so with the support of 54 Senators. was prepared for death if he could not ago with a personal, handwritten note, When the Senate voted whether to have liberty. He meant every word of to meet with me, to meet with my col- override President Clinton’s veto on it. And Lincoln meant every word of it leagues privately, publicly, any way he September 26, 1996, 57 Senators voted, when he said slavery was wrong and it wanted to; on the record, off the and when the Senate passed H.R. 1122, was immoral. And I mean every word record, with doctors, with his doctors, on May 20, 1997, 64 Senators voted in of it when I say that this is wrong and with my doctors—any way he wanted, favor. this is immoral, and we will be judged any location, any way, any how, any You see, in here it is a numbers on the basis of this vote. We have the shape or form, to discuss this issue so game. It is a game of numbers. But out chance to override the veto and send a I could present, in 5 or 10 minutes— there every day in those abortion clin- powerful message. that’s all I asked for—what I believe to ics, it is a life game. It is a little child Today, 3 votes short, 67 votes. There be the truth and to show where he was that is being killed for no other reason, have been a lot of facts presented here being told things that were wrong. He other than it is not wanted. That is the today and there will be more, probably, never answered my letter. Never an- reason. before the day is over. Take a fresh swered my letter. I, as I total up those thousands, and look, I ask my colleagues. I beg you. Let me repeat it tonight, Mr. Presi- I think about it, I ask myself how Examine your consciences. This is a dent, and I think I speak for Senator many times have I said this, night huge conscience issue. SANTORUM. We would love to come over after night, as I thought about the hor- I believe the reason we have made so and talk to you tonight about this. We rors of this—how many of these chil- much progress towards our goal of out- will bring our doctors. You can have all dren may have grown up to be a physi- lawing partial-birth abortion is that of yours. I appeal to you to take me up cian? Maybe a chaplain? Maybe a more and more Senators are realizing on this. What have you got to lose? President? Maybe a scientist, to cure that the opposition to this bill was Maybe you will agree with us. If you cancer? built on a foundation of lies—lies. I do do, you can ask your colleagues in the Jefferson wrote so eloquently the not use that word lightly. I am using Senate to change their votes. Declaration of Independence that we the very word that one of the Nation’s The truth, Mr. Fitzsimmons told the have ‘‘the right to life, liberty, and the leading abortion industry lobbyists New York Times, is that ‘‘[i]n the vast S10484 CONGRESSIONAL RECORD — SENATE September 17, 1998 majority of cases, the [partial-birth Association, which is, by the way, pro- mother or the life of the mother, how abortion] procedure is performed on a choice, saying that partial-birth abor- does it help the health or life of the healthy mother with a healthy fetus tions should be banned because it never mother to restrain a child from being that is 20 or more weeks along.’’ Five was needed to protect a woman’s born, holding it in the birth canal, months. And, as Mr. Fitzsimmons told health. I will take the American Medi- head only, until it is killed? No doctor the American Medical News, ‘‘[t]he cal Association on this one. has told me yet how that enhances the abortion rights folks know it, the anti- Aside from the Fitzsimmons revela- health or the life of the mother. abortion folks know it, and so, prob- tions and the AMA’s dramatic decision Those are strong words from Senator ably, does everybody else.’’ Except, Mr. to support H.R. 1122, I believe another SPECTER, a pro-choice Senator. It took Fitzsimmons might have added, for reason why the partial-birth abortion a lot of guts for him to say it, but he President Clinton, who vetoed this bill, ban continues to attract greater and said it. even though the reasons he gave to jus- greater support in the Senate is that We are picking up support in the Sen- tify his previous veto had turned out to Senators are coming to realize that ate. As I have argued today, more and be lies. this issue really does transcend abor- more Senators are realizing that the Mr. President, following Mr. Fitz- tion. I never made any secret about my case against this bill is on a foundation simmons’ startling revelations, on position on abortion. All abortions are of what have now conceded to have March 4 the Washington Post ran an wrong. I am speaking for myself. They been ‘‘lies.’’ all are a taking of a human life, and unusually blunt editorial entitled, We are also picking up greater and they are all wrong, which is why I have ‘‘Lies and Late-Term Abortions.’’ After greater support because more and more introduced a human life amendment to recounting Mr. Fitzsimmons’ lies and Senators are realizing that this issue the constitution of the amendment. I his candid admissions that he lied, the transcends abortion—that the tiny lit- am proud of it. I don’t care if I only get Post editorial drew the final conclu- tle human being whom we are talking five cosponsors. I am proud of it. I sion: about is a partially born baby who is Mr. Fitzsimmons’ revelation is a sharp stand on that record, and I think I will be judged correctly for having intro- just inches from drawing her first blow to the credibility of his allies. These breath. late-term abortions are extremely difficult duced it, whether I get any cosponsors to justify, if they can be justified at all. Usu- or not. To those Senators who are still con- ally pro-choice legislators such as Senator Indeed, as one Senator, Senator MOY- sidering joining the ever-increasing Daniel Patrick Moynihan and Representa- NIHAN, who supported us on the veto majority of Senators who support the tives Richard Gephardt and Susan Molinari override in the last Congress, put it, Partial-Birth Abortion Ban Act, let me voted for the ban. . . . Opponents of the ban partial-birth abortion is ‘‘too close to address a few more comments to you. fought hard, even demanding a rollcall vote infanticide.’’ Let me go one step fur- Perhaps the Nation’s most respected on their motion to ban charts describing the ther, and it has been said here, it is in- and revered doctor—‘‘America’s Doc- procedure from the House floor. They lost. tor’’—is the former Surgeon General of And they lost by wide margins when the fanticide. All abortion is wrong, but House and Senate voted for the ban. They this is not abortion. This is infanticide. the United States, C. Everett Koop. I probably will lose again this year when the This is taking a child in your hands am particularly proud of Dr. Koop be- ban is reconsidered. And this time, Mr. Clin- and executing it. cause he is a part-time resident of my ton will be hard-pressed to justify a veto on We need to move away from the par- home state of New Hampshire. the basis of misinformation on which he tisan rhetoric—not partisan, but the This is what Dr. Koop has to say: rested his case last time. rhetoric on the pros and cons whether ‘‘Partial-birth abortion is never medi- Please listen, Mr. President. Please the pro-life community or the pro- cally necessary to protect a mother’s listen to those words. choice community supports this; get health or future fertility. On the con- When the President vetoed H.R. 1122, away from that and look into your trary, this procedure can pose a signifi- he did so on the same discredited basis hearts. It is never too late to change cant threat to both her immediate that he used before. Partial-birth abor- your position on something. I have health and future fertility.’’ tions, he said, are ‘‘sometimes nec- done it, and others have in here, I am We all know that Dr. Koop is not a essary to preserve the woman’s sure. This was a pretty stark, truthful man who uses words lightly. On the health.’’ way to put it by Senator MOYNIHAN, contrary, Dr. Koop is a doctor who That is a false statement. We have Mr. President. It took courage for him chooses his words with care and preci- had doctor after doctor say it. We had to say it, and I commend him for it. It sion. Listen to those words again: Dr. FRIST say it on the floor, and we takes a real person with a lot of cour- ‘‘Partial-birth abortion is never medi- have had other testimony, and, as I age and a lot of guts to say he was cally necessary to protect a mother’s said, 180 letters from other physicians wrong and change his vote. health or future fertility.’’ saying it as well. Another Senator who didn’t support Now, of course, Mr. President, as I Mr. President, President Clinton’s as- the bill the first time around also mentioned earlier, even the American sertion that partial-birth abortions are joined us on that override, Senator Medical Association, which is ‘‘pro- sometimes needed to protect a wom- ARLEN SPECTER, who believes, he says, choice’’ on abortion, has endorsed the an’s health, again, is not true. Even the that partial-birth abortion is more like Partial-Birth Abortion Ban Act. So, infanticide than it is abortion. Senator AMA, who has been quoted today, has my colleagues, if you are worried about SPECTER said it on the Senate floor said that. The American Medical Asso- protecting women, listen to the words September 26, 1996: ciation said in the New York Times, of Dr. Koop and listen to the American May 26, 1997: In my legal judgment, the medical act or Medical Association. They are for the acts of commission or omission interfering The partial delivery of a living fetus for Partial-Birth Abortion Ban Act be- the purpose of killing it outside the womb is with, or not facilitating the completion of a ethically offensive to most Americans and live birth after a child is partially out of a cause partial-birth abortion is never physicians. Our panel could not find any mother’s womb constitute infanticide. necessary to protect a woman’s health. identified circumstances in which the proce- I stood on that Senate floor in 1995 In addition, Mr. President, I urge my dure was the only safe and effective abortive with Senator SPECTER arguing with me colleagues who are still undecided method. heatedly and differing with me. To about this bill to look at it in light of In other words, as Senator FRIST has Senator SPECTER’s credit, he studied it, our beloved Nation’s history. We all said on the floor, it is a fringe element he looked at it, and he had a change of know those beautiful and majestic that performs that. heart. Again, that takes courage. The words that Thomas Jefferson wrote for There you have it, Mr. President. My line of the law is drawn, Senator SPEC- our Declaration of Independence: ‘‘We colleagues can take a look at these TER said: hold these truths to be self-evident, choices: On the one hand, the claim by When the child is partially out of the that all men are created equal, that the President that partial-birth abor- womb of a mother, it is not an abortion, it is they are endowed by their Creator with tions should remain legal because it is infanticide. certain unalienable Rights, that among needed to protect a woman’s health; on When you hear about this being an these are Life, Liberty and the pursuit the other hand, the American Medical abortion to protect the health of the of Happiness.’’ September 17, 1998 CONGRESSIONAL RECORD — SENATE S10485 Mr. President, one does not have to known survivor of an attempted par- legal.’’ Today, the United States Sen- agree with my view that human life be- tial-birth abortion. According to the ate can say to President Clinton, ‘‘You gins at conception to see that a living Associated Press and other media ac- are wrong.’’ baby who is in the process of being counts, personnel at the A–Z Women’s I plead with my colleagues. Listen to born has, in Jefferson’s words, been en- Center in Phoenix, Arizona, told a 17- two-thirds of the House of Representa- dowed by her Creator with the year old mother that her unborn baby tives. Think about Baby Phoenix. Lis- unalienable right to life. Can anyone was between 23 and 24 weeks’ gesta- ten to the American Medical Associa- seriously doubt where that great Amer- tional age (in other words, between 5 tion. Don’t listen to the cravenly polit- ican, Thomas Jefferson, would stand on and 51⁄2 months). ical deceptions of President Clinton. that question? Reportedly, after beginning the par- Vote your conscience. Vote your Another of America’s greatest lead- tial-birth abortion procedure, abortion- heart. Vote to stop partial-birth abor- ers, Abraham Lincoln, made one of the ist John Biskind found himself dealing tion. Vote to override the President’s most dramatic and prophetic state- with a 6-pound, 2-ounce baby girl of veto and let the Partial-Birth Abortion ments of his life in a speech that he de- about 37 weeks (near full term), and he Ban Act become the law of this land. livered on June 16, 1858. In that speech, delivered her alive. She was kept in the We will be a better country for it. Abraham Lincoln said ‘‘I believe this hospital with a fractured skull and I can go on, Mr. President. I know government cannot endure perma- ‘‘two deep lacerations’’ on her face, but there are lots of other things that I can nently, half slave and half free.’’ no brain damage. say, but I will close at this point in the Today, Mr. President, as we debate this When I learned about this baby, who debate by again reminding my col- Partial-Birth Abortion Ban Act in this pro-life activists call ‘‘Baby Phoenix,’’ leagues to separate yourself from the great Capitol of the Union that Lincoln I immediately thought of Gianna heated exchanges that we have all had. saved, I would say this: The moral Jessen. How wonderful it is that Baby I see the Senator from Nebraska on the foundation of this government cannot Phoenix will now be able to grow up in floor. We have had a couple of ex- endure permanently when even the half this great country of ours. She may changes in the past on this issue. But born are not free to live. Can anyone some day stand in front of a pro-life try to look into your hearts and see if really doubt where that moral giant, dinner and sing ‘‘Amazing Grace.’’ She we can’t get out of each other’s faces Abraham Lincoln, would have stood on may become a scientist and help find a and into each other’s hearts and see if the question before us here today? cure for cancer. She may become a we can’t get three more votes to Let us rise to the moral level to United States Senator. She may be- change this horrible procedure. which our Nation’s history calls us. Let come the first woman President of the I yield the floor, Mr. President. us recognize the unalienable, God-given United States. She may become a Su- The PRESIDING OFFICER (Mr. GOR- right to life of the partially-born. Let preme Court Justice and vote to over- TON). The Senator from California. us protect the partially-born from a turn Roe v. Wade. With life, anything Mr. KERREY addressed the Chair. brutal death. Let us be worthy of the is possible. I praise God that Baby The PRESIDING OFFICER. Who Nation that Jefferson helped create Phoenix lives. yields time? and that Lincoln surely saved. Let us The case of Baby Phoenix, the first Mr. KERREY. Mr. President, I yield pass the Partial-Birth Abortion Ban known survivor of an attempted par- such time—— Act with a two-thirds’ majority and tial-birth abortion, illustrates that we The PRESIDING OFFICER. The Sen- thus override President Clinton’s un- are dealing with real human beings ator from California controls time. conscionable, immoral, and dishonest here. For Baby Phoenix, once that par- Does the Senator yield to the Senator veto of this bill. tial-birth abortion procedure was start- from Nebraska? I was honored when, in 1996, the Na- ed, all that stood between her and a Mrs. BOXER. I do, as much time as tional Right to Life Committee recog- full life was an abortionist. In his he may consume. nized my work in the Senate on behalf hands, he held the power of life and Mr. KERREY. Mr. President, first of of the Partial-Birth Abortion Ban Act death. all, in the spirit of the suggestion made by presenting me with its ‘‘Proudly Thankfully, Mr. President, the abor- by the distinguished Senator from New Pro-Life Award’’ at a banquet at the tionist in Baby Phoenix’s case, John Hampshire and earlier, as well, by the historic Waldorf-Astoria Hotel in New Biskind, had a conscience. He saw that Senator from Pennsylvania, I reached York City. The most memorable mo- he was dealing with a little human my conclusion as to what our law ment of the evening, however, was not being—all 6 pounds and 2 ounces of her. ought to be. This is unquestionably a when I received the award. Rather, it And he didn’t brutally punch a hole in decision that required not just a con- was when I heard Gianna Jessen sing. her skull. He didn’t take a suction de- siderable amount of research about Gianna Jessen is a beautiful young vice and remove her brain. He didn’t what our laws and our Constitution woman whose life was nearly ended be- kill her. He let her live. permit us to do, but also a considerable fore she was born. Gianna’s teenage bi- Unfortunately, Baby Phoenix is the amount of soul-searching. ological mother had her aborted in the only known survivor of an attempted In Nebraska, there are many people— final three months of pregnancy by the partial-birth abortion. All the other friends, family and people whom I do so-called saline solution abortion pro- abortionists who perform the partial- not know—who have offered their pray- cedure, but Gianna miraculously sur- birth abortion procedure don’t have the ers for me during this deliberation. Be- vived. conscience of John Biskind. They, too, fore I offer my own words as to why I Though she survived the abortion at- know that they are dealing with little believe the law as proposed is both un- tempt, Gianna weighed just two pounds human beings. They manipulate their constitutional and incorrect, let me at birth and was afflicted with cerebral little living bodies. They feel those say that I very much appreciate those palsy. She spent the first few months tiny babies move. Then, with unspeak- prayers. I have offered them myself on of her life in a Southern California hos- able brutality, they forcibly restrain this particular issue. I have had a ca- pital. Though her doctors doubted that those little babies from being born, reer now of some 14 years serving the she would ever be able to sit up, to brutally poke scissors into their little people of Nebraska and have told them crawl, or to walk, after years of phys- skulls, and then literally suck the lives almost from day one that though I may ical therapy and surgeries, Gianna, out of them. sound from time to time as if I am ab- now 21 years old, today enjoys an ac- Today, we can put a stop to the un- solutely convinced on an issue, I have tive, productive, and happy life. speakable brutality of partial-birth never, if the evidence proves otherwise, As Gianna Jessen stood before the abortion. Two-thirds of the United been unwilling to change my position. crowd at the Waldorf-Astoria that States House of Representatives has I say to my colleagues, I nearly did night and sang ‘‘Amazing Grace,’’ there said ‘‘Yes, stop partial-birth abortion.’’ so in this case, on account of very good was not a dry eye in the house—includ- The American Medical Association has friends who were urging me otherwise, ing mine. said ‘‘Yes, stop partial-birth abortion.’’ on account of the prayers and concerns In July of this year, a media report President Clinton has said, ‘‘No, I want and the good wishes that were extended reached my office about the first partial-birth abortion on demand to be to me by people in Nebraska. S10486 CONGRESSIONAL RECORD — SENATE September 17, 1998 Mr. President, abortion is a choice a been given guidance by the U.S. Su- said. And in many instances there have woman makes and, at least in my lim- preme Court, and the guidance of the been challenges brought by people who ited conversations with women who Supreme Court in both the decision have different views and say the Con- have had to make that choice, is a de- known as Roe v. Wade and the decision stitution does not provide that right. cision that produces a considerable known as the Casey decision in Penn- Again, most recently, in Planned amount of grief, a feeling that some- sylvania. The language of these deci- Parenthood v. Casey, the Court con- thing has been ended no matter at sions needs to guide this Congress and firms: what stage, whether it is done in the needs to guide the American people in Roe’s essential holding, the holding we re- first week or whether it is done in the drafting legislation, drafting laws that affirm, has three parts. First is a recognition 15th week. No matter when it occurs, it determine how we are going to balance of the right of the woman to choose to have produces a considerable amount of those rights. Otherwise, you should an abortion before viability and to obtain it grief. Even when the termination is come as, again, the distinguished Sen- without undue interference from the State. spontaneous, when it is a spontaneous Before viability, the State’s interests are not ator from New Hampshire has said he strong enough to support a prohibition of abortion, a miscarriage, there is a would like to come, and change our abortion or the imposition of a substantial sense of loss. Something has happened Constitution. He wants to change the obstacle to the woman’s effective right to that was unanticipated. The idea of Constitution so the Supreme Court can elect the procedure. Second is a confirma- something good happening has been in- reach a different decision than they did tion of the State’s power to restrict abortion terrupted by something that is, to the in either the Roe v. Wade decision or after fetal viability, if the law contains ex- woman’s mind anyway, bad. the Casey decision. ceptions for pregnancies which endanger a It is very important, it seems to me, Again, Mr. President, I am coming to woman’s health. to begin with that understanding. I was the floor very mindful of the wishes So again, Mr. President, the Court very moved, I must say—in fact, I told and prayers of many people in Ne- has held—they have heard the argu- the distinguished Senator from Penn- braska who have listened and heard ments, and they have come back and sylvania—by an article not long ago this procedure described. And they say, said yes, to those who say that Govern- about the struggles he and his wife en- ‘‘It’s awful. How can you allow it to go ment should not be engaged at all in dured. It was a very moving piece. It on under the law?’’ And I am going to writing laws, the State does have a le- does, I think, something that very describe how I reached the conclusion gitimate right to proscribe abortions often is missed by the public—this that this piece of legislation would be, after viability. Again, I emphasize, I comment is unrelated to this particu- I believe, both unwise and, I believe, have voted for such restrictions. lar debate—it shows the human side of unconstitutional. But the Court has held that there our Members. It is unfortunately true First of all, listen to the language— must be a protection for the woman’s that people often see us through our first the language of the decision in right to choose if either life or health positions, through the positions we 1973: are at stake. That is the language of have taken, our identity as a Demo- For the period of pregnancy prior to this the Court. That is what the Court has crat, a Republican and they form an compelling point [that is the moment of via- said under challenge from those who impression. Sometimes we love you, bility; approximately 24 weeks into preg- believe that the Court erred in its judg- sometimes we hate you, just based nancy], the attending physician, in consulta- ment in 1973. upon that position. I appreciate very tion with his patient, is free to determine, Thus, when the AMA comes and ar- much the willingness of the Senator without regulation by the State, that, in his gues that this procedure should be from Pennsylvania to allow that story medical judgment, the patient’s pregnancy banned, I give them heavy weight, sub- should be terminated. If that decision is to be told because it shows the human reached, the judgment may be effectuated by stantial weight. But I have as well to dimension of this issue, and the griev- an abortion free of interference by the State. give substantial weight to the Con- stitution and those who are interpret- ing and the terror and the soul-search- That is us. That is what we do with ing that Constitution on our behalf, ing that does occur. our laws; we determine whether addi- I say that, Mr. President, because the U.S. Supreme Court. tional laws need to regulate this deci- one of the things that needs to be un- We should attempt, when we write sion. derstood is, the law does not direct laws governing abortion—for those of Again, going on: women to make this choice. It merely us who believe that a woman should gives them the choice, the opportunity With respect to the State’s important and have the right to make a largely un- legitimate interest in potential life, the to make this decision. It does not make ‘‘compelling’’ point is at viability . .. burdened decision, burdened only by the decision any easier, it does not her own conscience, which is substan- I emphasize that. Very often I will make the decision free of soul-search- tial; I say it again for emphasis, I am hear people who are pro-choice advo- ing and prayer, and, again, from my ex- troubled very often in this debate that cates say, ‘‘Well, why are you doing perience in talking with women who an insufficient amount of attention is this at all?’’ The Court did say there is have made this decision, it does not paid to the grieving, to the suffering, a legitimate interest. The Court did produce a feeling that they have just to the difficulty that a woman faces at provide us guidance as to how we can done something wonderful. Indeed, this particular moment and after- pass laws and restrict this type of some of the most powerful people in op- wards—to balance the rights of the health service. There are instructions position to a woman’s right to choose, woman against the right of the fetus. that enable us to, if we wanted to. We to the current law, are people who have That is what we should do. We should could write legislation that followed gone through this procedure. So people write a piece of legislation that keeps a this guidance. I will get to that point need to understand that we begin by constitutional balance in place. later: extending our prayers, not just to us Mr. President, I believe this particu- lawmakers, but to people who are This is so because the fetus then presum- lar piece of legislation fails that test. ably has the capability of meaningful life It might, indeed, be a useful exercise, going through this decisionmaking outside the mother’s womb. State regulation process. protective of fetal life after viability thus but it is going to be thrown out. It is What we have attempted to do over has both logical and biological justifications. going to be thrown out, Mr. President, the course of this debate is to balance If the State is interested in protecting fetal because it does two things that the the rights of the woman who is carry- life after viability, it may go so far as to pro- Court has said repeatedly are unconsti- ing the fetus and the fetus itself—not scribe [prevent] abortion during that period, tutional. an easy debate. The Senator from New except where it is necessary to preserve the First of all, let me just read the lan- Hampshire again makes a case, I be- life or health of the mother. guage, Mr. President. It is a fairly lieve, that abortion in all cir- Those are the instructions. And I am short and clear description of what the cumstances should be illegal. It is very willing to vote, and have in the past, to proponents would like the law to be. It moving, and I am impressed by his pas- place restrictions, to proscribe, and say says that: sion and the commitment to this issue. that abortions cannot be done if the Any physician who, in or affecting inter- But in the process of trying to settle life or the health of the mother is not state or foreign commerce, knowingly per- this debate, Mr. President, we have at stake. That is what the Court has forms a partial-birth abortion and thereby September 17, 1998 CONGRESSIONAL RECORD — SENATE S10487 kills a human fetus shall be fined under this I heard the distinguished Senator Fitzsimmons has said at least 3,000 to title or imprisoned not more than two years, from New Hampshire say he did not 5,000 partial-birth abortions are per- or both. find any doctor who could justify this formed nationwide each year. Accord- That brings the State into it, obvi- procedure. I don’t remember his exact ing to the prominent abortion doctor, ously. The doctor could be fined or language. However, our reference in W. Martin Haskell, over 80 percent of placed in prison as a consequence of this case can’t be only physicians. Our the partial-birth abortions he performs doing this procedure in all States. It reference has to be the Constitution. are purely elective. Ron Fitzsimmons gives a right of legal action to the fa- The Court has given us instructions. reports that in the vast majority of ther. It gives a right of legal action to, They told us what we can do and what cases the procedure is performed on a I believe, the woman s parents as well. we can’t do. Unless we change the Con- healthy mother with a healthy fetus. It gives the State the right to come in stitution, we are not going to be able I know that not everyone shares the and bring a case against that doctor— to simply ignore the Court’s repeated pro-life position. But in my view, it is but not, Mr. President, only post-via- opinion that post-viability restrictions clear that any reservations about re- bility. must include both life and health ex- stricting abortion need not, and should The language of this law does not ref- ceptions. not, apply to partial-birth abortion. erence either Roe or Casey. It does not Again, I come to the floor, having Regardless of where one stands on the say that this would apply only post-vi- heard the prayers of thousands of Ne- broader abortion debate, all of us ability; it applies in all cases. And braska friends and people who I don’t should be able to see partial-birth abor- though it is quite true that many, as I know quite so well, who have hoped tion for what it is—an unjustifiable understand it, of these procedures are that I would cast a vote to override and wholly unnecessary tragedy. done post-viability—and, by the way, this veto. I cannot. Not because I do People on the other side of the pro- there are many other procedures that not believe that the government has a life debate often say that the decision are done, most of which, as they have legitimate interest to restrict abor- of whether or not to undergo an abor- been described to me, are equally griz- tions after viability. In fact, I believe tion should be left to a woman and to zly and therefore difficult, on a per- it is in all of our interests to do so. her doctor. Shouldn’t we then listen to sonal basis, to sustain the argument This legislation does not do that. the official position of the American that this is a good thing to do—many This legislation deals with a single pro- Medical Association, the official pro- are done before viability. But the Con- cedure across the span of pregnancy. fessional association of doctors in stitution says that we are to provide As a consequence of that, I cannot in America? The AMA has come out un- that woman with an uninhibited choice either good conscience, or in faith to equivocally against partial-birth abor- in that previability stage. And this law this Constitution, cast my vote to tion in endorsing this legislation. Dr. makes no distinction between pre- and override the President’s veto. John Seward, executive vice president post-viability. I yield the floor. of the AMA, referred to partial-birth Indeed, one of the reasons I supported Mr. SANTORUM. Mr. President, I abortion as a procedure ‘‘we all agree is Senator DASCHLE’s proposal last year, yield 15 minutes to the Senator from not good medicine.’’ The AMA has which was sharply criticized as a way Michigan. made a professional judgment based on to provide political cover, is because it The PRESIDING OFFICER. The Sen- the medical expertise of its members did address the legitimate interests of ator from Michigan. that partial-birth abortion is simply the State in the post-viability period. Mr. ABRAHAM. Mr. President, I not good medicine. I have no idea whether or not there Further, our former Surgeon Gen- will be additional bills, or whether or thank the Senator from Pennsylvania. I begin by thanking the Senator for the eral, C. Everett Koop, has observed not the President’s veto will be over- that: ridden, but my guess is, even if the work he has done on this legislation. This is, obviously, an issue of great im- .. . partial-birth abortion is never [and that veto is overridden—assume for the mo- is his emphasis] never medically indicated to ment that it will be—this will not be portance, one of the most important issues we have dealt with in this Con- protect a woman’s health or her fertility. In the last time that we address the ques- fact, the opposite is true. The procedure can tion of the State role to regulate abor- gress. His leadership on this issue has, pose a significant and immediate threat to tion, particularly post-viability. I think, been a great motivation to both the pregnant woman’s health and fertil- I say to my colleagues here, and to many people here. He has had a great ity. the people of Nebraska who have of- deal of influence in the national debate Those are quotes from Dr. Koop. fered their prayers, that I am willing on this issue. I compliment him for Earlier today, we heard from the to enter into earnest negotiations with what he has done and what I know he Senate’s only physician Member, Dr. the goal of placing additional restric- will continue to do between now and FRIST, who spoke, I thought, both elo- tions around abortions late in preg- the vote on this tomorrow morning. quently and with great insight based nancy. And this will probably involve I am here to urge my colleagues to on his own scientific knowledge and his some careful definitions around the override the President’s veto of the ban background as a physician, essentially issue of a health exception, and there- on partial-birth abortion. The abortion reaching the same conclusions as the fore the circumstances under which a issue has been a difficult and a divisive American Medical Association and woman can legally choose abortion. one for this country. The unfortunate Surgeon General Koop: This bill would create an unspecified procedure of partial-birth abortion There is simply no valid reason for this prohibition on a particular procedure— need not be. The vast majority of procedure to exist. It saves no lives. It puts a prohibition that would result in the Americans—even those who call them- mothers at increased risk for sterility and State putting restrictions on pre-via- selves pro-choice—oppose partial-birth other complications, and it is in and of itself, bility choices and decisions that a abortion. in my judgment, morally unacceptable. woman and her doctor make. Thus, I This overwhelming opposition helped I reference a recent story from the believe strongly that the Court would produce legislation to ban that proce- Associated Press that shows just how find this legislation, this law, unconsti- dure. Unfortunately, the legislation dangerous this procedure can be. Ac- tutional and that it would strike it was vetoed by President Clinton. Now cording to the AP, on June 30 of this down. is the time for the Members of this year, Dr. John Biskind delivered a full- Even more compelling—and I know body to stand up and to say no to the term baby girl. Unfortunately, this lit- we have had this debate before, and I unnecessary, dangerous and morally tle girl was almost killed. She suffered don’t want to drag it out because I troubling procedure of partial-birth cuts to her face and a skull fracture. want to merely offer my thoughts not abortion. Luckily, this little girl survived and so much to my colleagues, who I sus- We now know that this practice is was adopted by a loving couple. But pect have mostly made up their minds not rare and that it is not undertaken she literally came within a hair’s on this particular piece of legislation, only in cases of severe fetal deformity. breadth of being killed on the thresh- but to the people in Nebraska—the Literally thousands of partial-birth old of life. This little girl has survived, Court over and over has used the words abortions are performed in this coun- but we should not lose track of the ‘‘life or health.’’ try every year. Abortion lobbyist Ron cause of her injuries. S10488 CONGRESSIONAL RECORD — SENATE September 17, 1998 Dr. Biskind attempted to perform a than 2 pounds, children that were born tutional. I am not just standing here partial-birth abortion. The 17-year-old 10 and sometimes 12 weeks early. The because the bill is unconstitutional. mother had come to Dr. Biskind’s A to fight those children all made to survive Very clearly, the constitutional law Z Women’s Center seeking an abortion. left me with an indelible impression that governs is Roe v. Wade, which The clinic performed an ultrasound, de- about life that I really hadn’t had be- says you must always consider the life termining what they had was a 231⁄2- fore that experience. or the health of a mother. week fetus, and decided to perform a Yes, I was pro-life, but I had never I am standing here because I care partial-birth abortion. Dr. Biskind touched or felt or seen in that fashion about the health of women and their thought he was performing this proce- exactly what is at stake. The notion lives. I don’t want to see this bill be- dure on a fetus two-thirds of the way to that some of those babies we saw fight- come the law of the land. I hope my term; that would be bad enough. But, ing for life, who had been born in the colleagues will stand for the health and in fact, the clinic had made a mistake very timeframe that partial-birth abor- the life of women and support the in the ultrasound. The girl actually tions are occurring, the knowledge President’s veto. was approaching full term and Dr. that these tiny infants were real peo- Roe v. Wade guarantees American Biskind did not realize this fact until ple, the realization of that, left me women the right to choose. In the early he had already begun aborting her. with a memory that I will never forget stages of a woman’s pregnancy, a State This is astounding. According to Dr. and left me committed to support the may not interfere with her right to end Gerster, a Phoenix physician, a 24- efforts Senator SANTORUM has led here the pregnancy. In the midterm of a week-old fetus weighs an average of 2 today, which I hope will finally result pregnancy, a State may regulate abor- pounds, whereas a 36-week-old fetus in the end of this practice. tion procedures, but only to protect weighs, on the average, about 61⁄2 Mr. President, I intend to vote to the woman’s health. That is what Roe pounds. As Dr. Gerster commented: override tomorrow. I hope that enough says. After viability of the fetus, when I don’t know how such a grave error could of my colleagues will join in that effort the fetus could live outside the woman be made in estimating the size. There so we are successful. I recognize that either with or without life support, a shouldn’t be that kind of discrepancy in an this is an issue that people have dif- ultrasound. It is horrendous. State can regulate and, yes, even pro- ferent views on. I hope that finally, at hibit abortions under Roe. States can Horrendous, indeed, Mr. President. the end of this debate, we can come to- prohibit abortions after viability, ex- Yet, this is the kind of situation we are gether and move forward with some- cept—except—for the life of the woman attempting to address with this legisla- thing that I think is in the best inter- or the health of the woman. tion. I think cases like this are why it est of our country, and more impor- The life and the health of women is time for us to override the Presi- tantly, in the best interest of our chil- dent’s veto and pass this bill. must always be protected. That is the dren. law. If we chip away at those excep- As I have said throughout my discus- I thank the Senator from Pennsyl- tions, we endanger women because, sion here today, there are reasonable vania, and I yield the floor. make no mistake, this isn’t the first differences—we understand that—in Mrs. BOXER addressed the Chair. this Chamber and across this country The PRESIDING OFFICER. The Sen- attempt to stop a procedure and walk over the substantive issue of abortion ator from California. away from the life or health exception. rights. Even those who advocate abor- Mrs. BOXER. I yield myself such There will be many attempts. There tion rights are frequently saying—in- time as I may consume. will be other procedures. There will be cluding the President of the United Mr. President, I was touched by the other ways to stop them. My col- States—that abortion should be safe remarks of the Senator from Michigan leagues on the other side are very hon- and legal and rare. It is hard for me to about having premature babies of his est about it, they want to criminalize believe that these types of abortions, own. I stand here today as a mother, a abortion. They are honest about it and partial-birth abortions, don’t fit out- grandmother, and a Senator. When my I appreciate that. I know this is just side that definition. babies were born, one was born 2 one way they are going to try to get to Mr. President, we all have to come to months early and one was 6 weeks their ultimate goal. If we don’t hold these decisions in our own way, and I early. There wasn’t one prayer that I the line here on life or health, we will am not here today to tell people who didn’t say, there wasn’t one emotion I lose this right. have reached different conclusions that didn’t feel. And I feel that same emo- Mr. President, the bill we are debat- they are in any way going about it in tion toward any child born in that cir- ing directly contradicts Roe. As I said, the wrong fashion. But I think that cumstance. My babies grew up healthy and as the Senator from Nebraska be- this issue is one that is so important, and they are now in their thirties, and fore me said, it is unconstitutional be- an issue that I think the country is so one has made me a grandmother. cause it doesn’t protect the health of united behind, that it is time for us to But that is not what this debate is the woman. It is silent. It doesn’t use take ourselves out of the context of the about. This debate is about whether we the words ‘‘health of the woman.’’ debate on abortion rights and look at are going to protect the lives of women Again, it doesn’t contain a true life ex- this from the perspective of what is and whether we are going to protect ception. It is a very narrow life excep- morally right. In my judgment, Mr. the health of women. I say here today tion. So even her life would be threat- President—and I know not what deci- that, as long as I am here, I will work ened if we allow this bill to become sions others are going to make tomor- to do that. These are women who find law. row—it is just not morally right to themselves in tragic situations, trau- My colleagues have quoted the fine allow this kind of procedure to con- matic situations, with a pregnancy Senator from Tennessee, Senator tinue. that has gone terribly wrong. With a FRIST, who is a doctor. They have Each of us here has our own stories, pregnancy which could endanger their quoted Surgeon General Koop. They and I respect the stories of my col- health, their life, their fertility, and are not OB/GYNs. They are not obste- leagues on both sides. In our own fam- their ability to have a family in the fu- trician-gynecologists. The American ily, we have had several instances of ture. College of Obstetricians and Gyne- children born very early. In my own This bill is extreme. It is dangerous cologists—those are the doctors who case, we have twins who were born sev- for women. Why do I say that? It has bring babies into the world. Those are eral weeks early. We were fortunate; no exception to protect women’s the doctors who deal with these emer- they did not have serious complica- health. The exception for a woman’s gency abortions—39,000 strong. They tions, but they were in a neonatal unit life is very narrowly drawn. It is not are specialists in women’s reproductive of a hospital for about 3 weeks. While the true life exception that we have health. What do they say about this we were there, we saw less fortunate used in other bills. So this bill is ex- legislation? They oppose it. The orga- situations around us. We saw children treme, the bill is dangerous, and the nization says that this bill is—and I am that were much smaller, born much bill turns its back on the health of quoting—‘‘dangerous.’’ Who is it a dan- earlier than our babies, clinging to life, women. As Senator KERREY from Ne- ger to? It is dangerous to women. It is children that were born weighing less braska has said, clearly, it is unconsti- dangerous to the women. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10489 The American Medical Women’s As- would you do if your physician called Let me say again: this bill, as it is sociation also firmly opposes this legis- you and said, ‘‘I just examined your currently written, is dangerous. lation. daughter, and I believe her life is We have some people in the galleries This bill, if it becomes law, will force threatened,’’ or ‘‘I believe she might today who have had procedures that doctors to make medical decisions that never have a child again, and I believe would be banned by this bill. They are jeopardize women’s health. Doctors the only procedure to use is the one loving mothers. They are loving, loving will be afraid. They will be fearful be- that Senators here want to ban.’’ I be- mothers. Tiffany Benjamin is from cause, if they can’t meet the very nar- lieve in your heart of hearts you would California—this is her picture. This is rowly drawn exception for life, but get down on your knees, pray to God, her beautiful 3-year-old baby. He is they use the procedure because they and say, ‘‘Save my daughter’s life. Help now 3. He is a little younger here. She are afraid the woman would die, the her be able to have a child again.’’ I be- had this child after undergoing a proce- doctor can go to jail for 2 years and be lieve that. dure which her doctors recommended fined. If the woman made this decision, If you didn’t, if you chose another and which this bill would ban. And now let’s say after she learned that the way, that is fine for you. But don’t she has this beautiful child. baby’s brain is developing outside the force everyone into that situation Also up in the gallery is Maureen head, and she didn’t want to carry the where they don’t have the option that Britell from the District of Columbia pregnancy to term—maybe because she they need. If it is all right for you to area, who had also had a procedure was afraid that her husband might dis- narrow your options for your daughter, which would be banned by this bill. approve, or maybe he was an alcoholic, for your granddaughter, I bless you for Maureen is a devoted mother. or maybe he was a drug addict, maybe it. No one is forcing you to do that. But The PRESIDING OFFICER. The Sen- he was estranged—the husband can I think it is important that women ator will withhold. also sue the doctor. He can sue, very have the option to save their lives, to The Senator is reminded of rule 19, interestingly, for psychological dis- save their health. And, yet, there is not section 7, which reads: ‘‘No Senator tress. one word in this about an exception for shall introduce or bring to the atten- When we talk to our colleagues on health, and it is a very narrowly drawn tion of the Senate during the session the other side, they don’t want to in- exception for life. any occupant of the Gallery of the Sen- clude any psychological reason whatso- Doctors should make medical deci- ate. No motion to suspend this rule ever when a woman has to choose. But, sions in consultation with their pa- shall be in order, nor may the Presid- yes, if the man is suffering psycho- tients. Doctors should be free to make ing Officer entertain any request to decisions that are best for their pa- logical distress, he can sue. suspend it by unanimous consent.’’ No woman, in my opinion, wants to tients’ health. When doctors take their Mrs. BOXER. Thank you, very much, visit her doctor about her pregnancy— Hippocratic oath, they say, ‘‘Do no Mr. President. I was unaware of the and I have done it in my own life—and harm.’’ ‘‘Do no harm.’’ But if in their rule. see her Senator lurking over the doc- heart they believe they are going to do I will say, then, that there are tor’s shoulder. People often don’t like harm, and it is because Senators tied women who are here today in Congress us lurking over any parts of their life, their hands, they find themselves in an walking the Halls. And they are look- let alone, let alone, when they have a unacceptable situation. They can’t ing into the eyes of Senators. They are medical procedure. look at the woman or her husband; asking them, please don’t do anything. I find it interesting that some Sen- they can’t look in the eyes of the par- Don’t do anything to jeopardize the ators who come here and say there is ents of that woman and say, ‘‘I am health and the life of any woman. too much government—‘‘get govern- doing everything I can,’’ when they These are women who have had pro- ment off our backs, there is too much know they are afraid to use a proce- cedures that would be banned by this government’’—believe that they know dure because they cannot understand bill. These are women who are loving more than physicians, OB/GYNs, who the vague language that Senators put mothers. These are women who are deal with real life in the real world. into a bill. These Senators believe that they know If enacted, this bill could threaten begging us, begging us, to protect the better than a family about what to do the health of women across the coun- lives and the health of women. in such a situation. try—our sisters, our daughters, our I am going to tell you some stories. No woman wants to walk into her mothers, our nieces, our coworkers, As I understand it, it is all right to doctor’s office and see a sign that says, our friends, our granddaughters. show photographs of women. Is that ‘‘Warning, Senate interference in your I want to talk about the life excep- correct, Mr. President? Am I permitted doctor’s decisions may be hazardous to tion. It is very narrow. to show photographs of people from the your health.’’ Or, ‘‘Warning, your doc- A woman’s life would be protected State? tor’s hands are tied, he or she may not only if her life is in danger by a ‘‘phys- The PRESIDING OFFICER. The Sen- choose the best procedure for you be- ical disorder, illness, or injury.’’ That ator is so permitted. cause your Senator has decided what is a quote from the bill. But if her life Mrs. BOXER. I thank the Chair. procedure is allowed and what proce- is in danger for any other reason, the This is Coreen Costello. She is a reg- dure is not allowed.’’ Forget what you life exception does not apply. In other istered Republican. She describes her- learned in medical school; forget about words, if the pregnancy itself endan- self as very conservative. The reason I what you think is best for women; the gers a woman’s life, the exception does mention that is because what we are Senator is telling you what procedure not apply. Even the new Hyde lan- debating here today is not a partisan to use. guage, which narrows the exception for issue. Coreen is clear that she and her My colleagues in the Senate say it is life of a woman, acknowledges that the family are strongly opposed to abor- dangerous. Whether you have cancer, pregnancy itself may endanger a wom- tion, and yet she wants us to stand Alzheimer’s, AIDS, diabetes, Parkin- an’s life. But, yet, the language in this with the President on this veto. son’s, heart disease, or any condition— bill includes an exception only if she In March of 1995, when she was 7 all the diseases we fear—Senators has a physical disorder, illness, or in- months pregnant with her third child, should not be making decisions about jury, and not any condition that arises Coreen had premature contractions and what procedures should be used. Sen- from the pregnancy itself. was rushed to the emergency room. ators should not prevent a doctor from So today I think we need to face the She discovered through an ultrasound using a procedure that he or she deter- fact that this bill has crafted a unac- that there was something seriously mined was needed to protect the pa- ceptable life exception. And for those wrong with her baby. The baby, named tient’s health, to protect her from in- who are voting for it who think that Katherine Grace, had a deadly neuro- fertility, to protect her from paralysis, they are protecting the life of the logical disorder and had been unable to or worse. Government should not be in woman, read it again. Read again the move inside Coreen’s womb for almost the business of eliminating safe, medi- Henry Hyde language which we have 2 months. The movements Coreen had cal options for patients. used for many years. Even the narrow been feeling were not the healthy kick- We all want to know, I say to my col- version is different than this. This is ing of a baby, they were actually noth- leagues who are loving parents, what dangerous. ing more than bubbles and amniotic S10490 CONGRESSIONAL RECORD — SENATE September 17, 1998 fluid which had puddled in Coreen’s This deformity was causing Viki’s dure for every woman, because there uterus. daughter to have seizures. Over time, will be women like this who will choose The baby had not been able to move these seizures became more and more that procedure because they want to for months. The chest cavity was un- severe. They threatened to puncture make sure that they can have children able to rise and fall. Her lungs and Viki’s uterus. Even if Viki could carry again. chest were left severely under- her daughter to term, the doctors Now, I want to point something out. developed, almost to the point of non- feared that her uterus would rupture in In the last debate we had on this, Sen- existence. Her vital organs were atro- the birthing process. ator FEINSTEIN and I offered an amend- phying. The doctors told Coreen and Viki could not give birth to her child ment. It was a substitute for the bill her husband the baby was not going to without seriously jeopardizing her own we are debating today. And do you survive, and they recommended termi- health—or even her life. know what it said? It said that we op- nating the pregnancy. Coreen said, After consulting with other doctors pose all late-term abortions except for ‘‘This is not an option. I will not have and their clergy, Viki and her husband life and health of the woman. We went an abortion. I want to go into labor made the painful choice to have an to our Republican colleagues, and we naturally.’’ She wanted the baby born abortion in order to protect Viki’s said, ‘‘Why don’t you join hands with on God’s time. She did not want to health. us on this? Roe says you can restrict in interfere. In December 1996, Viki and Bill were the late term. We are willing to do The Costellos spent 2 weeks going thrilled to welcome a baby boy named that. Of course, we are in favor of Roe. from expert to expert. They considered Christopher into their family. And we will walk down this middle many options, but they all brought se- Viki Stella was in the third trimester aisle here, hold hands across party vere risks. They considered inducing of her pregnancy when her son was di- lines here, and say no more abortion labor. They were told it would be im- agnosed with nine major anomalies, in- late term except for life and health.’’ possible due to the baby’s position. cluding a fluid-filled cranium with no They did not want to do it. And when Also, the baby’s head was so swollen brain tissue at all, compacted flattened I asked them why, they were honest. with fluid, it was already larger than vertebrae, and skeletal dysplasia. Her They said, ‘‘We don’t believe women that of a full-term baby, so labor—let doctors told her that the baby would will tell the truth about the health ex- me repeat, labor—was not an option. never live outside of her womb. ception. We believe they will say it is They considered a cesarean section, Viki writes ‘‘My options were ex- about health but in their heart it is not but the doctors were adamant that the tremely limited because I am diabetic about that.’’ risks to her health were too great. In and don’t heal as well as other people. I want to challenge that today. I the end, they followed their doctor’s Waiting for normal labor to occur, in- know that a woman in this cir- recommendation and Coreen had an ducing labor early, or having a C-sec- cumstance, who has carried a child abortion procedure that my colleagues tion would have put my health at into the late term, desperately wants want to outlaw today. risk.’’ She continues ‘‘My only option that baby. I have been there myself. You just heard a story, a real story. . . . was a highly specialized, surgical When my babies were born pre- Coreen and her husband faced a trag- abortion procedure developed for maturely, I can’t even tell you the feel- edy that most people never have to women with similar difficult condi- ing that I had, that I might lose them, face. But because Coreen had access to tions.’’ because in those years it was very dif- the medical procedure her doctor felt Though she was distraught over los- ficult. But they made it. They hung on. So I know that a woman who gets to was the safest and most appropriate, ing her son, Viki knew the procedure the late term is not going to lie about she and her husband were able to keep was the right option. As promised, the her health and say, ‘‘Oh, give me this surgery preserved her fertility. In De- their dream of having a large family, abortion; it’s the seventh, eighth cember 1995, she gave birth to a darling and you see them here in this picture. month. I have decided against this.’’ son, Nicholas. They now have three happy, healthy That is not what a woman will do. Viki’s situation was heart wrenching. children, and Coreen is due to deliver The health exception is only for cir- She was told her son was dying inside another child any day now. cumstances when there is something Coreen writes to us, to every Member her. Her diabetes severely limited her seriously wrong. of the Senate, I could not have had this medical options. Congress has no busi- So I think suggesting that a woman family without this procedure. ‘‘Please, ness interfering with these difficult in the late term will not tell the truth please, give other women and their and personal medical decisions. about her health and why she is seek- families this chance,’’ she says. ‘‘Let us The point is, we must not go back to ing an abortion is more than insulting deal with our tragedies without any the days before Roe v. Wade when to women. It is dispiriting. I know my unnecessary interference from our Gov- women died or women were maimed. colleagues could never think that of ernment. Leave us with our God,’’ she We can not go back to the days when their children, their daughters, their writes to us, ‘‘our families, and our women’s health was not considered im- nieces. I know they could not. Then trusted medical experts.’’ portant, when women’s lives were not why would they leap to that conclusion Now, I want to say to my colleagues considered important. Any restrictions of other women? this story is what happens to real peo- on women’s access to abortion must al- I strongly support passing legislation ple. This is real. This is a woman who ways make an exception for the life that says no late-term abortion what- says she is very conservative and she is and health of the woman. If we do not, soever except to protect the life and very against abortion. But she is ask- as sure as I am standing here, women the health of a woman. ing us to not do away with the proce- will die, because we know what hap- But I say to you that I will not sup- dure she had, so that other women will pened before Roe. They did die. port this legislation, with absolutely have the opportunity she had to bear In response to arguments that pro- no health exception, and with a life ex- children in the future. ponents of this bill make that it bans ception that is very narrowly drawn. If In the spring of 1994, Viki Wilson, a one specific abortion procedure, I re- this legislation becomes law, women registered nurse, and her husband Bill, spond that we are not asking anyone to like Coreen, who are pro-life and anti- a physician, were expecting their third undergo any abortion procedure who abortion, but who want to protect their child. Viki was in 36th week of her has a moral problem with it. For those ability to have children in the future, pregnancy, and the nursery was ready. who think abortion is wrong, who may not have the chance to become Her family was anticipating the arrival would rather their daughters have a ce- pregnant again. Women who are pro- of their new ‘‘little one.’’ sarean and believe that God would take life, who are anti-abortion, may not Her doctor ordered an ultrasound care of it, that is what they should do. have the chance to have a family just which detected something that all her That is what is important about being like Coreen Costello pictured here, yet prenatal testing had failed to detect. pro-choice; we give people the choice. again pregnant with her fourth child. Approximately two-thirds of her No one has to undergo any abortion Coreen, very conservative, writes to us: daughter’s brain had formed on the procedure if they do not want to. All Please, please support the President’s outside of her skull. we are saying is, do not outlaw a proce- veto. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10491 So, I say to my friends, I know what South Carolina, Tennessee, Texas, Ver- the unborn child’s mother. Four spe- a difficult debate this is. I know the mont, Virginia, Washington State, cialists in OB/GYN and fetal medicine heartfelt emotions on both sides, and I West Virginia and Wisconsin. representing the Physicians’ Ad Hoc respect the heartfelt emotions on both I thank my colleagues who have par- Coalition for Truth have written: sides. I am going to close here with a ticipated in this debate. I see Senator Contrary to what abortion activists would letter that each member of the Senate ROBB is here. I know this is a tough have us believe, partial-birth abortion is received from 729 rabbis. I think this is one. I know this is hard. I just appre- never medically indicated to protect a wom- appropriate since we are going into the ciate his being here. an’s health or her fertility. In fact, the oppo- most holy time of the Jewish people. Mr. President, I yield the floor. site is true: The procedure can pose a signifi- This is what the rabbis conclude: Mr. SANTORUM. Mr. President, I cant and immediate threat to both the preg- Abortion is a deeply personal issue. Women ask if the Senator will yield for a ques- nant woman’s health and fertility. (Wall St. are capable of making moral decisions, often tion about some of the things that she Journal, 9/19/96). in consultation with their clergy, families stated in her testimony? Indeed, former Surgeon General C. and physicians, on whether or not to have an Mrs. BOXER. I will come back onto Everett Koop stated, abortion. We believe that religious matters the floor shortly. At the moment I are best left to religious communities, not have a meeting, and people waiting for I believe that Mr. Clinton was misled by politicians. . . . We urge you to vote to sus- his medical advisors on what is fact and me. what is fiction in reference to late-term tain President Clinton’s veto. Mr. SANTORUM. I yield 5 minutes to I ask unanimous consent to have this abortions. Because in no way can I twist my the Senator from Missouri. mind to see that the late-term abortion as letter printed in the RECORD. The PRESIDING OFFICER. The Sen- described—you know, partial birth, and then There being no objection, the letter ator from Missouri is recognized for 5 the destruction of the unborn child before was ordered to be printed in the minutes. the head is born—is a medical necessity for RECORD, as follows: Mr. ASHCROFT. Mr. President, I rise the mother. SEPTEMBER 10, 1998. to speak in favor of overriding Presi- Nor should we accept the myth that DEAR SENATOR: We are writing to urge you dent Clinton’s veto of the partial birth to vote to sustain President Clinton’s veto of this procedure is rarely utilized. Ac- abortion ban. I would like to begin by cording to interviews conducted by the H.R. 1122, the so-called ‘‘Partial-Birth Abor- thanking the manager of the bill, the tion’’ Act of 1997. Record of Bergen County, New Jersey, As rabbis, we are often called upon to Senator from Pennsylvania, for his physicians in New Jersey alone claim counsel families facing difficult decisions continuing and outstanding work on to perform at least 1,500 partial birth concerning reproductive health choices, in- this important issue. abortions each year—three times the cluding abortion. Like other members of the No issue cuts to the core of our val- number which the National Abortion clergy, we turn to religious law and teach- ues like the issue of abortion. It chal- ings for guidance in providing such counsel. Federation has claimed occur in the lenges us to define our notion of liberty entire country. Judaism has laws governing the issue of and calls into question our most fun- abortion, but each case is considered individ- damental assumptions about life. Mr. President, a legislative ban on ually. Today, we do not debate whether en- partial birth abortions is constitu- As in other religions, in Judaism, there are tional. Indeed, allowing this life-taking different interpretations of these laws and actment of a measure will positively or teachings, and we respect and welcome de- negatively affect the welfare of some procedure to continue would be incon- bate on these issues. However, this debate Americans. Today, we debate life and sistent with our obligation under sec- should remain among those who practice our death. tion 5 of the 14th Amendment to pro- faith, not on the floor of Congress. Last Congress and again last year, we tect life. The debate surrounding reproductive voted to end the barbaric method of in- Although opponents will point to de- choice speaks to one of the basic foundations cisions in which activist federal judges upon which our country was established—the fanticide known as partial birth abor- freedom of religion. It speaks to the right of tion. Both times, the President vetoed invalidated state-passed bans, language individuals to be respected as moral decision the ban. In so doing, he ignored the tes- nearly identical to that which is in this makers, making choices based on their reli- timony of medical experts who assured bill has been upheld in a number of gious beliefs and traditions as well their con- us that this procedure is never nec- courts. The ban’s requirement that the sciences. essary to preserve the life or health of abortionist deliberately and inten- In addition, we are concerned about the the mother. He also dismissed evidence tionally deliver a living fetus that is language of the bill itself. Given the fact then killed implicate the partial birth that the ‘‘Partial Birth Abortion’’ Act uses showing that thousands of partially- vague and non-medical language to describe born children are routinely and elec- procedure and no other. Judges who the prohibited procedures, it would be very tively killed across the country each deemed the ban unconstitutionally difficult for anyone, whether clergy or physi- year. vague ignored the text, and instead, cian, to be certain about which medical pro- The President not only accepted, but saw fit to substitute their views in cedures would be banned. Given the bill’s helped disseminate the lies and false place of the views clearly expressed by nebulous language and the importance of the testimony of pro-abortion advocates. the various state legislatures. issue, we find it difficult to engage in a theo- Though the lies were finally exposed, Mr. President, I want to share a word logical debate on this matter. Abortion is a deeply personal issue. Women the President demonstrated that his of caution with those claiming that a are capable of making moral decisions, often support for this procedure did not de- ban on partial birth abortions is uncon- in consultation with their clergy, families pend on the truth. The distortion stitutional. If they truly believe that and physicians, on whether or not to have an reached a point where even his allies in outlawing this procedure is abortion. We believe that religious matters the media could no longer defend the impermissibly vague, the inevitable are best left to religious communities, not President’s veto. Richard Cohen, an conclusion people will draw is that in- politicians. avowed liberal and pro-choice col- fanticide and abortion are indistin- Once again, we urge you to vote to sustain umnist with the Washington Post, con- President Clinton’s veto. guishable. I do not see how this argu- Sincerely, cluded, ment provides any solace to the defend- Signed by 729 rabbis. President Clinton, apparently as mis- ers of this gruesome procedure. Mrs. BOXER. Mr. President, this let- informed as I was about late-term abortions, Finally, before this debate is now ought to look at the new data. So should ter is signed by rabbis from Arkansas, the Senate. . . . Late-term abortions once through, I expect those defending the California, Colorado, Connecticut, seemed to be the choice of women who, real- President’s veto will say that oppo- Delaware, D.C., Florida, Georgia, Ha- ly, had no other choice. The facts are now nents of partial birth abortion are real- waii, Idaho, Illinois, Indiana, Iowa, different. If that’s the case, then so should be ly against all abortions. Well, Mr. Kansas, Kentucky, Louisiana, Maine, the law. (Wash. Post, 9/17/96.) President, I cannot speak for other Maryland, Massachusetts, Michigan, And yet, once again, the President’s Senators, but on that charge, I plead Minnesota, Mississippi, Missouri, Ne- apologists have taken to the floor to guilty. I believe abortion is the taking braska, Nevada, New Hampshire, New defend the indefensible. of innocent human life and has no Jersey, New Mexico, New York, Or- This procedure is never necessary to place in a culture that values human egon, Pennsylvania, Rhode Island, save the life and preserve the health of life. I believe that precious human life S10492 CONGRESSIONAL RECORD — SENATE September 17, 1998 should be nurtured in love and pro- Mr. President, legislatures in more Thankfully, this baby girl is no tected in law. For this reason, I sup- than 20 states have followed Congress’s longer faceless. Although, her head has port a constitutional amendment to lead and passed laws outlawing this been marred by the instruments of the protect human life. procedure. Two-thirds of the House of abortionist, and she may carry this On January 20th of this year, I Representatives already has voted to scar as a reminder of her close encoun- chaired a hearing in the Constitution overturn the President’s veto. And ter with death, she has been given a Subcommittee on the 25th anniversary when this chamber voted, more than a name and a home. Not surprisingly, of Roe v. Wade. We looked at how the dozen Democrat Senators joined us in one of the millions of couples who are Supreme Court’s decision failed to pro- attempting to override the veto. anxiously waiting to adopt, has taken vide a framework for sound constitu- Mr. President, a consensus has her into their loving family. Proving tional interpretation or to reflect the formed. The American people and a once more, there is no such thing as an reality of modern medical practice. substantial majority of their elected unwanted baby, just unwanted by This latter failure is not surprising representatives in Congress want to some. since the Court had neither the capac- eliminate this gruesome procedure I sincerely pray, Mr. President, that ity to evaluate the accuracy of the from our nation’s hospitals and clinics. this country has not grown completely medical data, nor a way to foresee the The will of the American people should stone-cold in its response to the sanc- remarkable advances that would make not be thwarted by the twisted science tity of human life. But, that Americans the then-current data obsolete. and moral confusion that has engulfed would be moved to reevaluate their From Dr. Jean Wright of the this Administration. views on the troublesome issue of abor- Egleston Children’s Hospital at Emory Mr. President, let me close by saying tion when they hear of the baby girl in University, we learned that the age of that if we are not successful today in Arizona, who was just minutes away viability has been pushed back five overriding the President’s veto, this from having her life cruelly and pain- weeks, from 28 to 23 weeks, since Roe will not be the end of the debate. We fully ended. More specifically, I pray was decided. We learned that surgical will come back next year and we will one individual in particular will not for advances now allow surgeons to par- vote again. We will continue to vote on a third time, turn a deaf ear to the tially remove an unborn child through this issue of life and death until the countless cries of the other unborn ba- an incision in the womb, fix a congeni- voice of the American people is heard. bies who may not be as fortunate to Mr. HELMS. Mr. President, one of tal defect, and slip the ‘‘pre-viable’’ in- have their lives miraculously spared. I the most tragic and saddest days in our fant back into the womb. However, I am of course referring to the President nation’s history was the day the Su- think the most interesting thing we of the United States, who has signed learned at the hearing is that unborn preme Court ruled in Roe v. Wade that the death sentence of the most inno- babies can sense pain in just the 7th unborn babies can legally be killed by cent and helpless human beings imag- week of gestation. their mothers. Each of us who has inable by twice vetoing the underlying Mr. President, these facts should help fought, heart and soul, to undo that legislation. inform this debate. For instance: If we damaging decision, understood so well President Clinton, and his cadre of know the unborn can feel pain at seven on January 22, 1973, that we had yet to extreme pro-abortion allies, have weeks, why is it such a struggle to con- see what devastation would come of sought to explain the necessity of a vince Senators that stabbing a six such a horrendous rule. procedure that allows a doctor to de- month, fully-developed and partially- Indeed, when a nation condones in- liver a baby partially, feet-first from delivered baby with forceps and ex- stead of condemns the inhumane proce- tracting its brain is wrong? dure known as partial birth abortion, the womb, only to have his or her I realize, however, that not everyone it is clear our worst fears have come brains brutally removed. However, well-known medical doc- agrees with my view on abortion. In- true. deed, I recognize that the American I am grateful to the distinguished tors, obstetricians and gynecologist people remain deeply divided on this Senator from Pennsylvania (Mr. have repeatedly rejected the assertion issue. But where there is common SANTORUM) for his strength and convic- that a partial birth abortion is needed ground, we need to move forward and tion in standing up in defense of count- to protect the health of a women in a protect life. less unborn babies. RICK SANTORUM’s late-term complicated pregnancy. Even One issue on which there is consensus willingness to lead the fight on behalf the American Medical Association is parental consent. Most Americans of passage of the Partial Birth Abor- wrote a letter endorsing the Partial agree that parents should be involved tion Ban Act is a demonstration of Birth Abortion Ban Act. in helping their young daughters to courage. Mr. President, there is much to be make the critically important decision Our hearts and prayers go out to him said about the facts surrounding the of whether or not to have an abortion. and Karen, for their loss of their pre- number of partial-birth abortions per- A recent CNN/USA Today survey found cious baby son, Michael Gabriel. formed annually and the reason they that 74 percent of Americans support Mr. President, since May 20, 1997, are performed—or at least the given, parental consent before an abortion is when the Senate voted 64–36 to outlaw stated reason. It is hard to overlook performed on a girl under age 18. the partial birth abortion procedure, a the confession of Ron Fitzsimmons, ex- Last month, I introduced the Putting six-pound baby girl was born in the ecutive director of the National Coali- Parents First Act, which would require state of Arizona. Of course, there have tion of Abortion Providers, who admit- parental consent before a minor could been countless other precious little ted that he, himself, had deceived the obtain an abortion. Enactment of this lives who have graced this world with American people on national television legislation would allow Congress to their presence since that time. about the number and the nature of protect the guiding role of parents as it What is exceptional about this baby partial-birth abortions. protects human life. girl, is that she is the first known sur- Mr. Fitzsimmons now estimates that Today’s vote—to end the cruel prac- vivor of the partial birth abortion pro- up to 5,000 partial-birth abortions are tice of partial birth abortion—presents cedure. Amazingly enough, while the conducted annually on healthy women another opportunity for Americans on abortionist was in the process of per- carrying healthy babies. This is a far both sides of the underlying abortion forming the partial birth abortion, this cry from the rhetoric espoused by issue to find common ground. The little one’s life was spared when it was Washington’s pro-abortion groups who American people agree that a proce- realized that she was further along in maintain that only 500 partial-birth dure which takes an unborn child, one her gestational development than abortion are performed every year, and able to be sustained outside the womb, thought. only in extreme medical cir- removes it partially and then kills it is Incidentally, it is due to this type of cumstances. so cruel, so inhumane, so barbaric as to unawareness regarding the developing Mr. President, it is time for the Sen- be intolerable. Indeed, after the proce- stages of a baby growing inside a moth- ate to once and for all settle this mat- dure was described for them, fully 84 er’s womb, that has led to the senseless ter and pass the Partial-Birth Abortion percent of the American people said murder of millions of the most inno- Ban Act with a veto-proof vote and af- Congress should outlaw it. cent human beings. firm the need to rid America of this September 17, 1998 CONGRESSIONAL RECORD — SENATE S10493 senseless, brutal form of killing. It is ate does the right thing by overriding legal, and rare, as I do, and who are also important to note that the Amer- the veto. disturbed by this procedure, as I am, to ican people recognize the moral signifi- The PRESIDING OFFICER. Who stop for a moment and think: What cant of this legislation. The majority yields time? specific abortion procedure would you of Americans agree that the govern- Several Senators addressed the prefer? Because this legislation will ment must out-law the partial birth Chair. necessarily encourage the use of some abortion. A poll conducted by CNN/ Mr. ROBB. Mr. President, I yield my- other procedure that I believe, if we Time in January of this year, shows self such time as I may consume, focus on the specific details of the al- that 74 percent of Americans want the chargeable to the Democratic manager. ternative procedure, we would find partial birth procedure banned. In fact, The PRESIDING OFFICER (Mr. equally disturbing. more than two dozen states have COATS). The Senator is recognized. In truth, this debate is really about passed legislation similar to the Par- Mr. ROBB. Mr. President, I rise to how an abortion is performed and, tial-Birth Abortion Ban Act. urge colleagues who had the courage to more essentially, about who chooses. It Mr. President, regardless of the out- oppose this legislation when it was is about whether Congress chooses or come, when the Senate votes on the considered by the Senate last year to whether American women and their question of whether to override Presi- demonstrate again that same courage doctors choose. I believe American dent Clinton’s veto of the Partial-Birth by voting to sustain the President’s women and their doctors should Abortion Ban Act, the impact will have veto of the so-called partial-birth abor- choose. I am troubled that at the heart grave consequences. For those who tion bill. of this legislation is an incredible pre- care deeply about the most innocent There is no question that this is a sumption, the presumption that this and helpless human life imaginable, gut-wrenching issue. I know how pas- Congress is more concerned or better failure to override the Clinton veto sionately most of those feel who gather qualified to judge than expectant par- will border on calamitous. at the Capitol today and tomorrow to ents about what is best for their fami- The President of the United States support a ban on this medical proce- lies. should have to explain to the American dure and want us to override the Presi- In matters this personal, what is best people why he will not sign this ban dent’s veto. Those who have been tele- for American families should be de- over and over again. The spotlight will phoning, writing, and e-mailing us in cided by American families based on no longer shine on the much-pro- such overwhelming numbers are equal- their individual beliefs and faith. Most claimed right to choose. Senators have ly emotional in expressing the depth of opponents of this ban have very strong been required to consider whether in- their feeling in opposition to abortion convictions about when life begins. But nocent, tiny baby-partially-born, just 3 generally and to this procedure in par- ultimately, Mr. President, the very inches from the protection of the law- ticular. question of when life begins is also a deserves the right to live, and to love This will be a very tough vote. But, matter of belief, a matter of faith, a and to be loved. The baby is the center as a matter of sound public policy, it is matter between individuals and their of debate in this matter. the right vote, and it is consistent with God. Some denominations believe life I remember so vividly the day in Jan- our Constitution as interpreted by the begins at conception. Others believe uary 1973, when the Supreme Court Supreme Court. If this legislation were life begins at birth. Still another be- handed down the decision to legalize to become law, the Congress would be lieves life begins 120 days after concep- abortion. It was hard to find many peo- telling physicians how to practice med- tion, at the time the soul enters the ple to speak up, certainly on the floor icine, and Senators, with one excep- fetus. of the Senate, on behalf of unborn ba- tion, are not trained or certified to do My point here is that we must be bies. that. In fact, the only Member of this very careful when legislating matters But it is time, once again, for Mem- body who is a physician made a com- of faith, ours or someone else’s. And in bers of the Senate to stand up and be ment during an interview on HMO re- the absence of knowing, rather than counted for or against the most help- form recently about who should, and, believing, when life begins, we are less human beings imaginable, for or more important, who should not be forced to draw some very difficult against the destruction of innocent practicing medicine. He said that lines. That is what the Supreme Court human life in such a repugnant way. ‘‘[Congress] should not be practicing did in Roe v. Wade. The Court said that The Senate simply must pass the Par- medicine. . . . Doctors should be prac- in the first trimester, the decision to tial Birth Abortion Ban Act, and I pray ticing medicine. That’s very clear.’’ continue a pregnancy is solely within that it will do it by a margin of at Mr. President, it is important that the discretion of the mother; in the least 67 votes in favor of the ban. everyone understand what is really at second trimester, the Government may Mr. BURNS. Mr. President, this is issue here. This debate is not about impose reasonable regulations designed the eve of the second Senate vote to whether or when to terminate a preg- to protect the health of the mother; override the President’s veto of the nancy, because this bill will prevent and in the third trimester, the rights of Partial Abortion Ban Act. I am proud not a single abortion; it is only about the unborn child are recognized, with to be a co-sponsor of this bill, and I how to terminate a pregnancy. If it is the rights of the child weighed against urge my colleagues to listen to their otherwise lawful for a woman to termi- the rights of the mother to escape consciences and vote to override the nate a pregnancy, this bill will only re- harm or death. veto and enact the ban. quire that she and her doctor choose The Court has been clear in protect- Contray to the assertions of some, another medical procedure, even ing a woman’s life and health, both be- this bill is not about a woman’s right though her doctor may believe that fore and after viability, even striking to choose to have an abortion. It’s not procedure is less protective of her down a method-of-choice case because about Roe v. Wade. Regardless of one’s health. it failed to require that maternal views on abortion in general, the par- In some States, it is legal for a health be the physician’s paramount tial birth abortion procedures should woman to terminate a pregnancy in consideration. be abhorrent in a civilized society. It is the third trimester, even when the life Proponents of this bill frequently a gruesome procedure, performed late or health of the mother are not at cite the American Medical Associa- in the term, which most physicians be- issue. This bill does not address that tion’s support for this legislation, but lieve is never medically necessary. situation at all. not the College of Obstetricians and Most Americans agree it should be It is appropriate to note, however, Gynecologists’ opposition to it. In fact, banned. that some of us supported a tough ban the ACOG has told us ‘‘the intervention The Partial-Birth Abortion Ban has on third-trimester abortions when this of legislative bodies into medical deci- passed the Congress twice now with my bill was considered last year, but our sionmaking is inappropriate, ill-ad- support, first in 1996 and again last efforts were defeated by proponents of vised and dangerous.’’ year. However, the President has twice this bill in an effort to keep a very po- Again, Mr. President, we are a Con- vetoed this legislation against the will litically potent issue alive. But I ask gress of legislators, not a Congress of of the American people. I hope the Sen- those who want to keep abortions safe, physicians. There are places we should S10494 CONGRESSIONAL RECORD — SENATE September 17, 1998 not go and decisions we should not My pregnancy had been complicated from her this year, that just appeared in our make. A respect for the judgment of the beginning, but doctors kept assuring us local papers in Illinois. physicians, a respect for the rights and that everything was fine. We went in for a Mr. President, President Clinton was needs of families in often excruciat- routine ultrasound at 20 weeks, and our right to veto this legislation. He was world came crashing down. The results of ingly difficult circumstances, and a re- that ultrasound were an expecting parent’s right because Congress, as a body, is spect for our Constitution ought to worst nightmare. The baby had a serious not licensed to practice medicine. If lead us to conclude that this bill heart condition known as tetrology of fallot the imposition of our judgment serves should not pass. with absent pulmonary valve and overriding to condemn women to death or pre- Let me conclude by saying that I am aorta. mature disability or cause the kind of pro-choice, I am not pro-abortion. I re- We saw numerous experts across the Mid- harm that Kate Hlava talked about, spect those who believe that abortions west, resulting in just as many prognoses. At then we will have clearly failed to live should never be performed, for reli- that time, we were given the option of termi- up to our responsibility to act in the nating the pregnancy. We chose not to be- gious or moral or personal reasons, and best interests of the people who sent us I believe that those individuals should cause we so desperately wanted the baby. We hoped and prayed every day that the baby here. follow their faith and choose not to would make it to term. If he was born pre- This debate is about whether or not have one. I particularly admire the maturely, he would not have been able to women are going to have the ability to convictions of those who choose life, have the operation he needed to survive, a make decisions regarding their own re- even in the most difficult cir- surgery he would have needed every few productive health, whether they will cumstances. But in choosing life, they years as he grew. retain their constitutional rights, and choose. They choose life, just as fami- Unfortunately, he was not strong enough whether they will be able to make deci- to make it to term. He began showing signs lies that make different and sometimes sions regarding their own pregnancies. agonizing choices should also be al- of heart failure during the 27th week of my pregnancy. His liver was huge, his heart was In the final analysis, it is ultimately lowed to choose. enlarging, and I was retaining too much about whether or not women are going I believe that, as legislators, we have amniotic fluid. I had started to dilate and to retain their current status as full an obligation to protect the rights of was going to go into labor soon. There was citizens of these United States. all those who live in our States. We all nothing the doctors in Illinois would do. If the issue were creating sound pub- believe in freedom. We all understand I couldn’t leave my house. I was con- lic policy, then the Senate could vote that with freedom comes responsibil- templating suicide. As my baby was dying, to enact a bill that I cosponsored with so were pieces of myself, and no one here ity. Yet, at its heart, this legislation Senators FEINSTEIN and BOXER which says to the women of America: We would help me stop it. In Illinois, had my baby been born, even prematurely and with sought to ban late-term abortions ex- don’t trust you with the freedom to cept in situations in which the life or choose; we don’t trust you to do what no real chance of survival, the doctors would have been legally obligated to try to keep health of the mother is at risk—a re- we think is right; so we will take away him alive. They would have performed fruit- quirement that has been set by the Su- your freedom to search your hearts, to less and painful procedures on him, making preme Court. The legislation we are de- follow your conscience, to rely on your his few moments on this earth a living hell. bating today, however, contains no ex- faith and the judgment of your physi- I didn’t want that for my son. No parent ception to protect the health of the cians and to make a very personal deci- would. mother, and an inadequate one with re- It was then that my obstetrician suggested sion that affects your lives and your gard to protecting her life. I believe families. that we go to Kansas for a therapeutic abor- tion because of fetal anomaly. I have lived that even the sponsors of this legisla- That is why I will vote to sustain the tion are fully aware that under the Su- President’s veto, and I hope at least my entire life believing that abortion may be right for other people but that I never preme Court’s decision in Roe v. Wade those who opposed the bill last year wanted to make the decision. I absolutely do this bill, as presently written, is un- will do so again. not believe that a woman should be able to constitutional. With that, Mr. President, I thank the choose to terminate her pregnancy at 27 I believe the sponsors of the legisla- Chair and I yield the floor. weeks because she is tried of being pregnant tion would like to pretend that Roe v. The PRESIDING OFFICER. Who or because she was told the baby had brown Wade does not exist as the law of the yields time? eyes instead of blue. The Senator from Pennsylvania. I have met other women who have under- country. That is the only way they can Mr. SANTORUM. Mr. President, I gone a similar procedure. Not one did so be- argue that this bill is a constitutional will respond in one quick way to the cause she didn’t want the baby. These measure. comments of the Senator from Vir- women, like myself, wanted their babies and But let’s look at the facts. In 1973, ginia. What has been sort of taken as a still miss them, but the prospect of bringing the Supreme Court of the United an extremely sick baby into the world, who States recognized a woman’s constitu- matter of record is that 80 to 90 percent would suffer a short life full of painful medi- of the partial-birth abortions per- tional right to have an abortion prior cal procedures, felt inhumane. Medical to fetal viability. Roe also established formed in this country are on healthy science is sophisticated enough to diagnose women with healthy babies and that such anomalies at the fifth month of preg- this right is limited after viability at these are done for truly elective rea- nancy. which point States may ban abortions sons. The idea that somehow we are I am not sure where Bryne [The Editorial as long as an exemption is provided for holding on to this myth that we are writer to whom Ms. Hlava is Responding] got cases in which her life or health is at his description of the procedure, but it is not doing this to save unhealthy women or risk. These holdings were reaffirmed by the procedure I had. He described it as ‘‘all the Court in its 1992 decision in because a baby is so severely deformed but the head of a living fetus is pulled from that they cannot live just isn’t what Planned Parenthood v. Casey. the mother, its brains sucked out, causing That is the constitutional standard the facts dictate. And that is from ad- death and making it easier to remove the missions from folks who perform the baby.’’ This description is enraging. In my that this legislation has to meet—and procedures, not our side coming up case, the baby was given an injection to stop it clearly does not. The ban in this bill with these numbers. his heart and then, through the insertion of would apply throughout pregnancy. It I hope we can stick with the facts as laminaria, labor was induced. ignores the Court’s distinction between to what we are really talking about. I saw my son after delivery. He was beau- pre- and postviability. Moreover, this I have no speakers on my side, so I tiful, and his body and head were intact. The legislation fails to provide an excep- process was very humane and the baby was will be happy to yield. tion in cases in which the banned pro- saved from any undue suffering. cedure is necessary to preserve a wom- Ms. MOSELEY-BRAUN addressed the I wish that I did not have to go to Kansas Chair. in January. I would give anything if my baby an’s health. The Supreme Court has The PRESIDING OFFICER. The Sen- could have been born healthy. I think about clearly stated that such a thing, such a ator from Illinois. him every day and miss him terribly. The measure is unconstitutional. Ms. MOSELEY-BRAUN. Mr. Presi- one thing I am thankful for is that my son You do not have to be a constitu- dent, I want to talk about the facts and was able to die peaceful and painlessly. tional scholar to figure that out, al- share with listeners a letter from Kate KATE HLAVA, Oak Park. though, as professor Laurence Tribe Hlava, from Oak Park, IL. These are That is a letter, from a real woman has stated for the record, this legisla- her words: who had this procedure performed on tion is plagued by ‘‘fatal constitutional September 17, 1998 CONGRESSIONAL RECORD — SENATE S10495 infirmities.’’ That is also why, Mr. Roe v. Wade, a time when more than irreparable harm due to pregnancy President, courts in 17 out of 18 cases— twice as many women died in child- even though their doctors have the Federal and State courts; including a birth as do today. ability to have prevented that harm. court in my home State of Illinois— I want to give you some numbers In opposing this legislation, the have ruled that laws similar to this here, Mr. President. I think it is impor- American College of Obstetricians and legislation are unconstitutional. tant to put this in historical perspec- Gynecologists also stated: Mr. President, allow me a moment to tive as well. At the turn of the century, The intervention of legislative bodies into look at some of the specifics of the bill. the death rate in childbirth for medical decisionmaking is inappropriate, ill- First, I would like to examine the ban’s women—childbirth was much more advised, and dangerous. exception to save the life of the moth- dangerous than it is today —but the That is precisely right. Politicians er. Under this legislation, the banned rate of mothers dying was 600 women should have nothing to do with this procedure may be performed if a moth- per 100,000 live births. By 1970, medical issue. We have no place in the examin- er’s life is endangered by a physical advances had brought that rate down ing room, operating room, or the deliv- disorder, illness, or injury. to 21.5 women for every 100,000 live ery room. The question of how to deal Something is missing here. What if births. That is the point at which Roe with the pregnancy should rest square- the mother’s life itself is endangered v. Wade was decided by the Supreme ly with the pregnant woman, her doc- by the pregnancy? The legislation is si- Court. Today, that number is less than tor, her family, her God, and not with lent with regard to whether an excep- 10 per 100,000 live births. Members of the U.S. Congress. tion exists under those circumstances. We expect that women are going to Some have argued that we have a re- If this bill were to become law, the re- survive a pregnancy, complicated or sponsibility to get involved and ban sult of a problematic pregnancy could not. That was not the expectation 100 the procedure because it is not safe. In very well be that protecting the life of years ago. It was not even the expecta- my view, it is physicians, not Senators, the fetus—even one capable of living tion 20 years ago. The fact of the mat- who should be the ones to make that outside the womb on its own for only a ter is, that in addition to the medical decision. It is their job to do so, not few moments—protecting the life of advances, the ability of physicians to ours. that fetus could result in the death of make these kinds of judgments, and Some have argued that the procedure its mother. women being able to choose, in con- to be banned is unnecessary, and yet This element of the bill would be par- sultation with their doctors, has served the legislation contains an exception ticularly devastating to those women to protect the health as well as the to save the life of the mother. That ex- who are poor and/or who live in rural lives of women. ception is there because of the undeni- areas and therefore might not have ac- Again, under this bill, women’s able fact that in some circumstances cess to the top-quality tertiary kind of health will be a complete nonissue. the procedure addressed by this legisla- health care that can make a difference Procedures that have been developed tion is necessary—sometimes to pro- in a life-or-death situation. There is a since Roe v. Wade would be made un- tect a woman’s health, sometimes to difference between women who have available. Thus, we would be turning protect her life. But we don’t have to access to that kind of quality health back the clock. The Supreme Court look at the bill to know that. Physi- care and those many women who do said in abortion rulings that a woman cians have repeatedly stated this is the not. has a constitutionally protected right case. The simple fact is if the President’s to protect her own health at every What all of this tells me is that this veto is overridden, women’s lives will stage of her pregnancy. Therefore, I is essentially a medical matter. Doc- not be fully protected in our country. submit that the bill’s lack of an excep- tors must have the freedom to be able Women fought for generations for the tion to preserve the health of the to decide which procedures to use in full protections and guarantees con- mother, like its incomplete lifesaving cases of a troubled pregnancy. To the tained in our Constitution. It has only provision, would strip women of fun- extent that this Congress limits their been 78 years that we have been grant- damental rights that are guaranteed to freedom of action, their freedom of de- ed the right to even vote. With this leg- them under the Constitution. cision, we put the lives and health of islation, we would turn back the Now, while the term partial-birth women at risk. Consider what the ef- clock—for it does nothing less than abortion is not a medical term—and I fect of risking women’s health in this abridge women’s hard-earned status as think that has been debated and every- way could mean for family life in the full citizens of this country. body knows that—a procedure that cer- United States. The inability to address Most of the people—and I hate to say tainly would be banned under this bill one’s own reproductive health as a this, Mr. President, but it is fact and it is a procedure known as intact dilation woman and her doctor believe is nec- must be said—most of the people mak- and extraction, or intact D&E. The essary, increases the possibility that a ing the decision to vote on this issue American College of Obstetricians and woman’s reproductive system could be cannot themselves ever experience the Gynecologists, which represents over 90 irreversibly damaged and she would be trauma of pregnancy or, for that mat- percent of this Nation’s OB/GYNs, op- unable to bear children for the rest of ter, abortion. It is being made by peo- poses this bill. They said: her life. Other effects of such a preg- ple who themselves are not at risk with The potential exists that legislation pro- nancy on her health may leave a regard to this decision. hibiting specific medical procedures, such as woman unable to care for the children Moving beyond the issues surround- intact D&E, may outlaw techniques that are she is already raising. ing the legislation’s unsatisfactory critical to the lives and health of American All of this should make clear that lifesaving exception, I would like to ad- women. this legislation poses a mortal threat dress the bill’s total lack of an excep- They are absolutely correct. If this to the ability of women to make tion for the health of the mother. In legislation were to become law, wom- choices about their own bodies and Roe, the Court held that even after a en’s health would be jeopardized be- their own futures that all Americans fetus was viable, States could not place cause doctors would be forced to use ought to be able to make as essential the interests and welfare of that fetus abortion procedures that may not be and fundamental freedoms. Choosing to above those of the mother in preserv- the best or the most appropriate for a terminate a pregnancy is the most per- ing not just her life, but her health as particular woman. sonal, private, and fundamental deci- well. As was eloquently stated by the sion that a woman can make about her Under this bill, women’s health speaker before me, Congress presumes own health and her own life. Essen- would be a complete nonissue. Certain to substitute its judgment for the judg- tially, choice equates to freedom. The procedures developed in the years since ment of physicians or doctors in regard right to choose goes straight to the Roe v. Wade to protect pregnant wom- to medical practice with this legisla- heart of the relationship of a female en’s health would be unavailable to our tion. There can be no denying the fact citizen and her doctor. Choice is a ba- physicians, our doctors. So this legisla- that if the President’s veto is over- rometer of equality and a measure of tion would simply turn us back to the ridden, we will be sending a message fairness. I believe it is central to our status of the law as it existed before that women should be allowed to suffer liberty as women. S10496 CONGRESSIONAL RECORD — SENATE September 17, 1998 Now, having said that, I do not per- Mr. SANTORUM. First, I say to the there is a real distinction here, and sonally favor abortion as a method of Senator from Illinois that I appreciate what I think your case points out is birth control. My own religious beliefs her comments. that there are viable, less-invasive, hold life dear. I would prefer that every With respect to the first letter that less-dangerous-to-the-mother alter- potential child have a chance to be the Senator read, I have a question. natives available, even for cases where born. But whether or not a child will be Did you say that the baby’s heart, you have pregnancies that have gone born must be its mother’s decision— when the abortion was done, was in- awry, and that are less cruel and bar- not Congress’, not ours. jected with digoxin? baric to the baby and less dangerous to I fully support the choice of those Ms. MOSELEY-BRAUN. The letter the woman. women who carry their pregnancy to did not say what procedure was used. You talked about preserving mater- term regardless of the circumstances. Mr. SANTORUM. I thought that is nal health. There is nothing more that Some women have died having made a what you said. I want to accomplish with this bill decision that turned out to have been Ms. MOSELEY-BRAUN. I will share than preserving maternal health. But ill-advised under the circumstances. the letter with the Senator: we have ample evidence, including But I also respect the choice of those . . . was given an injection. from the AMA who testified, that this women who, under very difficult cir- Mr. SANTORUM. Into the heart? procedure is not healthy for women, cumstances in which their life and Ms. MOSELEY-BRAUN. ‘‘In my case, and there are other procedures, such as health may be endangered by a preg- the baby was given an injection to stop the one the Senator outlined, that are nancy, choose not to go forward with his heart and then, through the inser- safer for women who may elect to have it. So, while I would like to live in a so- tion of laminaria, labor was induced.’’ an abortion—a legal abortion, which ciety where abortions never happen, I Mr. SANTORUM. I suggest to the we don’t outlaw with this bill. We just also want to live in a society in which Senator from Illinois, if you read the say that there are alternatives. The they are safe and they are legal. definition of partial-birth abortion in letter you read says, in fact, a viable I am going to put aside for a moment the bill, partial-birth abortion is par- and often-used alternative to a partial- the abstract arguments in favor of sus- tially vaginally delivering a living birth abortion that would continue to taining this veto, and bring us back to fetus. be available, which is less risky to the the real-life situations. I read one let- So if the baby in this case had an in- mother, and that is less gruesome, bar- ter. The last time I spoke on this issue jection in the heart to stop the heart, baric, and horrific to the child. I related the story of Vikki Stella who the baby would have died at that point, Ms. MOSELEY-BRAUN. Again, I lives in Naperville, IL. Vikki has a and then the baby would be removed know we have irreconcilable dif- story as heart-wrenching as the one I from the uterus, the baby would be ferences of opinion about this, but I started with when I began my remarks dead, and therefore would not fall think it is important to remember on this issue. under the definition. that, as we legislate, we are legislating I won’t go through the details of So in the case that you mentioned, in broad strokes, not in specifics. The Vikki’s case right now because, frank- she did not have a partial-birth abor- problem with this bill, as I have said in ly, I don’t believe aggravating the emo- tion by definition. She couldn’t, be- my debate, is that one size does not tions on this issue serves any good pur- cause the baby was dead at that point. necessarily fit all. Frankly, talking pose at this point. We have people who Ms. MOSELEY-BRAUN. I appreciate about when her baby’s heart stopped, have clear disagreement in regard to my colleague allowing for that excep- that is not an exact definition of death, these situations. I am sure there are tion in interpreting her situation in either. Those are my words, colloquial stories that can be told for the rest of that way. terms. We are not physicians. That is this day. I, frankly, believe that while But I think, if anything, my col- the problem. To hamstring and say to the stories illustrate, they should not league’s argument goes exactly to the a physician that you can make deci- be used to aggravate or to inflame pas- heart of my position in this matter, sions about this, except here, here, sions on this issue. which is that we are forcing physicians here and here will, by definition, cause I think it is important for us to re- to consult the language of this bill in them to, frankly, shy away from exer- member that for every story of a making that kind of a judgment about cising their best medical judgment. We woman who made the choice and it what kind of procedure is appropriate are not physicians and one size does came out all right, there is another for which woman in what cir- not fit all. That is why I believe the story of a woman who made the choice cumstance. President’s veto of this bill was appro- priate and correct. and it didn’t come out all right. I think If a physician has concerns, as you I thank the Chair, and I yield the it is inappropriate for those of us in just said, by making an injection, kill- floor. ing the fetus in utero, and then deliver- this room to force those women to die, Mr. SANTORUM. Mr. President, I or alternatively, to lose their reproduc- ing it, falling outside of the exception, yield 3 minutes to the Senator from tive health because of our intervention well, if that is the case, then I appre- Alaska. in their personal and private decisions. ciate my colleague making legislative The PRESIDING OFFICER. The Sen- I urge my colleagues to respect the history. ator from Alaska is recognized. decisions of these women, to respect I think, if anything, it points to the Mr. MURKOWSKI. Mr. President, their freedom as citizens, to respect fallacy of the nonphysicians in this once again, we are on the floor debat- their fundamental rights as citizens of Chamber making these kinds of medi- ing this very difficult issue. I commend this great country and give them the cal judgments. the Senator from Pennsylvania for his respect that goes with the notion that Mr. SANTORUM. I respond to that by perseverance in the realities of protect- ultimately people want to do the right saying I think it points out the cru- ing the rights of women to control thing, ultimately people want to elty, unnecessary cruelty, of doing the their own bodies and our obligation to choose life, ultimately people want to procedure that we are attempting to protect the rights of those unborn. do the right thing by their children, ban here. That is something that we will be dis- and that we in this Congress should What was done by the woman and the cussing an extended period of time— allow those decisions to be made by doctor in this case, I think, first off, probably without any degree of final- women and their physicians in con- the baby was not delivered, was not ity. sultation with their family and their outside the mother, and then painfully Nevertheless, Mr. President, we must God. and brutally killed. The baby was vote yes or no on this. As a con- I yield the floor. killed in utero by an injection. While I sequence, it is my fervent hope that The PRESIDING OFFICER (Mr. BEN- don’t like abortion, period, I think that enough votes will be cast to put an end NETT). The Senator from Pennsylvania. less shocks the conscience of our coun- to this tragic procedure. It is a tragic Mr. SANTORUM. Mr. President, try than delivering a baby, as in the procedure in its very nature—partial- would the Senator from Illinois yield case of partial birth, most of them birth abortion. for a couple of questions? being healthy with healthy mothers. In The President defended his veto by Ms. MOSELEY-BRAUN. Yes. this case, that is not the case. But stating that a partial-birth abortion is September 17, 1998 CONGRESSIONAL RECORD — SENATE S10497 a procedure that is medically necessary strenuously urge my colleagues to vote Termination of pregnancy at more ad- in certain ‘‘compelling cases’’ to pro- in favor of overriding President Clin- vanced gestational ages may predispose to tect the mother from ‘‘serious injury ton’s veto of the Partial-Birth Abor- infertility from endometrial scarring or ad- to her health.’’ tion Ban. hesion formation. Unfortunately, the President, in my Mr. SANTORUM addressed the Chair. It is documented in one study that opinion, was badly misinformed. Ac- The PRESIDING OFFICER. The Sen- 23.1 percent of patients had induced cording to reputable medical testi- ator from Pennsylvania. midtrimester abortions. Nearly a quar- mony and evidence given before this Mr. SANTORUM. I thank the Senator ter of those. Again, that is all Congress by partial-birth abortion from Alaska for his leadership and sup- midtrimester abortions. You hear the practitioners, partial-birth abortions port. He has always come to the floor argument in this paper and by hun- are, one, more widespread than its de- and spoken in strong support of this, dreds of physicians that partial-birth fenders admit; two, used predomi- and he has been a great and committed abortion is even more damaging to the nantly for elective purposes; and three, warrior in this cause. I thank him for cervix and to the future ability for a that. are never medically necessary to safe- mother to carry a baby to term. Mr. President, the Senator from Cali- guard the mother’s health. That is a It continues on: fornia gave her remarks and she talked . . . and from pelvic infections, which pretty broad statement, but that is about women here in town who had what we are told. occur in 2.8% to 25% of patients following horrible things happen to them during midtrimester terminations. Dilation and The former Surgeon General, C. Ever- pregnancy, and that they were faced ett Koop, whom we all admired when evacuation procedures commonly used in in- with very difficult decisions to make. I duced midtrimester abortion may lead to he functioned in that position, stated understand that those are difficult de- cervical incompetence, which predisposes to he ‘‘believed that Mr. Clinton was mis- cisions. She said, in one case, that a an increased risk of subsequent spontaneous led by his medical advisers on what is baby was well along and was, unfortu- abortion, especially in the midtrimester. fact and what is fiction in reference to nately, hydrocephalic, which means Cervical incompetence is more prevalent late-term abortions.’’ water on the brain. They could not do after midtrimester termination of pregnancy Dr. Koop went on to say, ‘‘In no way than first trimester termination because the a vaginal, natural delivery. For some cervix is dilated to a much greater degree. can I twist my mind to see that the reason, she did not want to do a C-sec- late-term abortion as described as . . . tion. There were no other options And other physicians have gone on to partial birth . . . is a medical necessity available to save this mother’s health. say that because this is a procedure for the mother.’’ Let me just read to you what a doctor that takes 3 days to dilate—you hear so In a New York Times editorial, C. said, a board-certified OB/GYN: much about this may be necessary to Everett Koop added, ‘‘Recent reports Sometimes in the case of hydrocephalus, in save the life or health of the mother have concluded that a majority of par- order to drain some of the fluid from the because of some emergency. This is a 3- tial-birth abortions are elective, in- baby’s head, a special long needle is used to day procedure. The cervix is dilated volving a healthy woman and a normal allow a safe vaginal cephalic head-first deliv- over a 3-day procedure, which makes fetus.’’ ery. In some cases, when the vaginal delivery the probability of an incompetent cer- Other physicians agree: In a Septem- is not possible, a doctor performs the Cesar- vix, which means the ability to carry a ean Section. But in no case is it necessary, baby in future pregnancies—it inhibits ber 1996 Wall Street Journal editorial, or medically advisable, to partially deliver three physicians who treat pregnant an infant through the vagina and then cru- the ability to carry a baby in future women declared that ‘‘Contrary to elly kill the infant. pregnancies. It increases the risk of in- what abortion activists would have us Another piece of information that fection, because now for 3 days the cer- believe, partial-birth abortion is never the Senator from California and the vix is open. And they are not in a hos- medically indicated to protect a wom- Senator from Illinois were talking pital setting. They are out, either back an’s health or her fertility.’’ about is that women would have their at their home, or in a hotel, waiting for Mr. President, a partial-birth abor- health and life at risk with having an the procedure to be done. This is an tion is not only tragic, it is violent. abortion, going through with the preg- unhealthy procedure for women. The procedure is one in which four- nancy later in term. The facts are just If we are concerned about women’s fifths of the child is delivered before the opposite. The Senator from Illinois health, let’s look at the fact about the process of killing the child begins. said, ‘‘Let’s not deal with anecdotes, what this does to women’s health. Sadly, throughout this procedure, the let’s deal with facts.’’ Frankly, it sounds to me, if you look majority of babies are alive and able to Here is the statistical evidence: At 21 at the evidence, there seems to be a move and may actually feel pain dur- weeks or more—that is the time in sort of pushing aside of all of the non- ing this ordeal. which partial-birth abortions are done anecdotal evidence about women’s Dr. Pamela Smith, in a House hear- because they begin to be done at 20 health and putting forth legal argu- ing on the issue, succinctly stated why weeks gestation—the risk of death ments about what the Supreme Court Congress must act: from abortion is 1 in 6,000 and exceeds says. They are one of three branches of The baby is literally inches from being de- the risk of maternal death from child- Government, folks. clared a legal person by every State in the birth, which is 1 in 13,000. You are The PRESIDING OFFICER. The Sen- Union. The urgency and seriousness of these twice as likely to die if you have an ator’s time has expired. matters therefore require appropriate legis- abortion than if you deliver the baby Mr. SANTORUM. Mr. President, I lative action. after 21 weeks. ask unanimous consent to proceed for Mr. President, it’s not easy for any So this whole concept that these pro- as long as I may consume under the re- here to discuss this topic, but unfortu- cedures are necessary—a procedure maining time left on the other side nately, there are stark and brutal re- that is much more risky than others, with the understanding that if anybody alities of a partial-birth abortion. much more dangerous than other pro- comes I will be happy to yield the floor I, and others who support this Act, cedures to the mother—aside from the at that point. sympathize with a woman who is in a fact that they are brutal procedures, The PRESIDING OFFICER. Without difficult and extreme circumstance, this is a procedure that is much more objection, it is so ordered. but no circumstance can justify the risky to the mother; that just the med- Mr. SANTORUM. Mr. President, they killing of an infant who is four-fifths ical evidence shows, the statistics are focusing on legal arguments. The born. My good friend and colleague show, that having an abortion—and fact of the matter is we are one of Senator MOYNIHAN, has said the prac- there are other complications—termi- three branches of Government. We can tice of partial-birth abortions is ‘‘just nation of a pregnancy at more ad- put forward things that we believe are too close to infanticide.’’ vanced—again, this is from an article, constitutional. We can test what they Mr. President, this procedure cannot from the Journal of the American Med- are. I have seen a lot of decisions at the be defended medically and cannot be ical Association, August 26, 1998, cur- Supreme Court that have moved all defended morally. That is why I hope rent edition, which talks about two ob- over the place on this issue. that this is the one issue that can unite stetricians from Northwestern Univer- It seems very clear to me that we are pro-life and pro-choice individuals. I sity. It says: not providing an undue burden. We are S10498 CONGRESSIONAL RECORD — SENATE September 17, 1998 here. We are eliminating one procedure one thing that I hope for that results The next case I want to talk about is that is not taught in any medical from this debate today, it is that peo- Christian Matthew McNaughton. For 4 school, that has not been peer-re- ple who will be watching this debate years, Christian Matthew McNaughton viewed, that has not been done in a understand one thing: Whether we pass fought the odds. An ultrasound re- hospital. It is done in clinics, and, in this override of the President’s veto or vealed that he had hydrocephalus 30 fact, was invented—created—not by an not, please understand that there are weeks into pregnancy—again, the con- obstetrician. other choices. There are other op- dition that has been described as one Someone referred to earlier that Sen- tions—and to follow your heart, to fol- that is necessary to kill the child and ator FRIST and C. Everett Koop are two low your love for your child, and pur- perform a partial-birth abortion, the people who testified against this proce- sue those options, as Whitney Goin did. very case just cited in this Chamber as dure. They are not obstetricians. That The Goins chose to carry the baby to the reason for keeping this procedure is true. But the person who invented term. But complications related to a legal. this procedure is not an obstetrician, drop in the amniotic fluid created some After Dianne McNaughton learned of either. He was a family practitioner concerns. Doctors voiced to the Goins their son’s dim prospects because of who did abortions. that the baby’s chances for survival hydrocephaly, which can cause a vari- So the fact of the matter is that C. would be greater outside the womb. So ety of problems including, because of Everett Koop was a pediatric surgeon— on October 26, 1995, Andrew Hewitt the water on the brain, the lack of someone who dealt with these little ba- Goin was delivered by C-section. He brain development, Dianne asked for bies, who understands very well what was born with a condition in which the information on hydrocephaly. The damage is done to these little babies, abdominal organs—stomach, liver, counselor called doctors on staff and and, in fact, what is available to save spleen, and small and large intestines— explained the request, and imagine their lives. He knows very well about were outside the baby’s body. Mrs. McNaughton’s surprise when the what he talks about, as does the Sen- Here is the picture. In the incubator counselor told her the hospital felt ‘‘it ator from Tennessee who has studied there is little Andrew Hewitt Goin. was better if she didn’t know any- this issue thoroughly, and who has re- Andrew had his first of several major thing.’’ viewed the literature thoroughly. operations 2 hours after he was born. Still, Dianne and her husband, Mark, Let’s walk away from the facts for a Andrew’s first months were not easy. determined to educate themselves on moment. Let’s deal in the realm of He suffered from excruciating pain. He what to expect from now and how to what the other side seems to point to— was on a respirator for 6 weeks. He care for a child who had hydrocephaly. the pictures. needed tubes in his nose and throat. They continued to persevere. Life was The Senator from California sug- They continually suctioned his stom- very stressful for the McNaughtons gested that there will be women here ach and lungs. He needed eight blood after the diagnosis. Dianne suffered who have had this procedure who will transfusions. His mother recalled, ‘‘The from nightmares. She never considered be in the Halls looking at Members as enormous pressure of the organs being aborting the baby, but she worried they come in to vote tomorrow to in- slowly placed into his body caused about how her other two children sist that they keep this procedure chronic lung disease for which he re- would be affected by having a disabled legal. I only wish, I only wish, that the ceived extensive oxygen and steroid child in the home. With the help of children who have fallen victim to this treatments.’’ It broke his parents’ Dianne’s brother, who happened to be a would have the opportunity to stand in hearts to see him suffering so badly. doctor, the McNaughtons found a spe- that Hall and look at the Senators and Remember how we heard about some- cialist in Philadelphia to deliver their plead with them to ban this procedure. one who said that it would just break baby. We may have one such person which your heart to see your child suffer so As we learned last year with the case I will talk about in a moment. badly. And I understand what she feels. of Donna Joy Watts, another child with But I am going to talk to you first But it breaks the hearts of thousands hydrocephaly, the Watts family had to about a little boy—a little boy who was of parents every day to see their chil- go to three hospitals in Maryland be- the first child of Whitney Goin. Whit- dren suffer. But that is no reason, that fore they could find a physician team ney was 5 months pregnant with her is no reason, to kill your child. It is all and a hospital that would deliver their first child. She went in for her first the more reason to love that child, to child, because children with sonogram, and a large abdominal wall draw that child near to you, and to ac- hydrocephaly are thought not to have defect was detected. She described her cept that child as part of your family. the ability to live and are simply seen condition after learning that there was Andrew fought hard to live. And he as abortion clients; they are seen as a problem with the pregnancy: did. This is Andrew Hewitt Goin at 3 disposable. My husband was unreachable so I sat years of age. They were advised again to end their alone, until my mother arrived, as the doc- I would also note that Andrew will pregnancy. They were warned that tor described my baby as being severely de- not be the only child for much longer. hydrocephaly is associated with spina formed with a gigantic defect and most like- Next March, the Goins will welcome bifida, Down’s syndrome, and cerebral ly many other defects that he could not de- their second child into the family. Con- palsy. The baby might never achieve tect with their equipment. He went on to ex- trary to the misinformation about par- bowel or bladder control; he might not plain that babies with this large of a defect tial-birth abortion that has been so be able to move his arms or legs; he are often stillborn, live very shortly or could recklessly repeated, carrying Andrew might be born blind; he might not even survive with extensive surgeries and treat- to term did not affect Whitney’s ability be able to swallow. ments, depending on the presence of addi- to have future children. The McNaughtons were offered a par- tional anomalies and complications after birth. The complications and associated I think if you asked Andrew a few tial-birth abortion. As a doctor ex- problems that a surgical baby in this condi- years from now whether he would pre- plained it, the baby would be partially tion could suffer include but are not limited fer to have suffered that pain or be lis- delivered, a sharp surgical instrument to: bladder exstrophy, imperforate anus, col- tening to music, or not be listening to would be inserted into the base of the lapsed lungs, diseased liver, fatal infections, that music, or not be alive today, the skull, and the brains would be ex- cardiovascular malformations, ect. answer would be pretty clear. tracted—of course, the doctor noted, A perinatologist suggested she Not all the stories turn out as hap- ‘‘what there was of the brain.’’ The rest strongly consider having a partial- pily as Andrew’s. Not all of them do. of the body would then be delivered. birth abortion. The doctor told her it But what does turn out happily in so This option was rejected. may be something she ‘‘needs’’ to do. many more instances is for parents to As if the shock of being advised to He described the procedure as one have the recognition that they have undergo a gruesome partial-birth abor- where the baby would be partially de- the capacity to love their children even tion was not enough, one doctor said livered except for the head, and the when it is so hard to do that. Whether the shunt surgery to relieve the pres- pregnancy would be terminated. we override the President’s veto is less sure and the fluid in the baby’s brain The Goins made a different choice. important than that simple fact that I would not be performed if the child’s If there is one thing that those who hope the people listening here will un- ‘‘quality of life’’ prospects did not war- are listening to this debate—if there is derstand. rant it. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10499 I again go back to the case of Donna One of the things that often I speak today of deep concern for the Joy Watts just so you don’t think this confounds me about how people deal soul of our Nation which is permitting is one isolated case. For 3 days, Lori with this issue is that people who are these defiling acts to continue with our Watts had to plead with the doctors at in the tradition of the Democratic consent. Why do otherwise decent na- the hospital to do a shunt operation to Party, who have sought for the past 100 tions permit their young to be ripped relieve the fluid pressure on the brain, years to be inclusive in our society, to apart? Why do they permit the shame- and the doctors refused to because the welcome those who are on the outside less repeated acts of cruelty against doctors didn’t think she had any of society, to fight for civil rights, to their weakest and most vulnerable? chance of a quality life. Donna Joy fight for rights for the disabled, are al- People of conscience must intervene Watts is here in Washington today. She ways fighting to include those who are now. is 5, almost 6, years of age. most vulnerable, now turn their backs I draw attention of the people here in Christian was born June 20, 1993. He to the most vulnerable of all. How does this body to the words that adorn the was a beautiful, 8-pound baby boy. He that speak to a country where Hubert doorways as we walk in. As you pre- did require a lot of medical care. A Humphrey once said: ‘‘We are judged side, you stare up at the words, ‘‘In CAT scan revealed that he suffered a by how we treat the least of us.’’ Can God we trust.’’ As you look across the stroke in utero which caused excess you think of anything less in our walkway, ‘‘He, God, has smiled on our fluid to build up in his brain. It also human family than a little baby out- undertakings.’’ Above this doorway we showed that the lower left quadrant of side of the mother’s womb, 3 inches have ‘‘A new order for the ages.’’ All his brain was missing. Within a week of from life, asking only to be given a thoughts of our founders; all thoughts, delivery, Christian had his first shunt chance; prone, with its back to the I think, they had towards the newborn surgery to drain the fluid. He had a fol- abortionist, helpless from what might child, towards any nature of life in this low-up procedure in 3 months. happen next? Just like baby Phoenix, Nation, that, ‘‘In God we trust.’’ As he grew, Christian exceeded every- helpless. But, thank God, a moment, fi- With a nation of such a conscience one’s expectations. A baby that doctors nally a moment of conscience hit him and such a soul, would it tolerate such initially believed would be blind or and he decided, no, I can’t thrust those a procedure once it knows that this could do virtually nothing was a little scissors into this child. And now this procedure exists? I think not. I urge boy who walked, ran, talked, and sang. temporarily unwanted baby is so loved my colleagues, as we look at this, as He played baseball and basketball. He and wanted somewhere in Texas, by we consider the soul of our Nation, attended preschool. His heroes were Cal parents who cherish that little girl would we, should we, can we continue Ripken, Jr, Batman, Spiderman, and every day. to tolerate this outrageous form of the Backstreet Boys. He loved whales The question is, in this debate—you death? History teaches us that toler- and dolphins. His favorite movie was can talk about legal axioms, you can ated acts of cruelty both brand a na- ‘‘Angels in the Outfield.’’ And he espe- talk about medical theories, you can tion for infamy and sear its conscience. cially loved his baby sister who was 2 talk about ethics, you can talk about Tolerance is complicity, and nations years younger than he. Christian all sorts of things. The question here is will eventually be judged for their fail- McNaughton brought joy to all who how inclusive are we going to be in our ure to stop the course of unbridled cru- were fortunate enough to know him. family? As I see the empty seats on elty. In August of 1997, Christian began ex- this side of the aisle, and I look for the America is distinguished around the periencing severe head pains. His shunt men and women who have given great world basically because of one phrase: was malfunctioning. It had to be re- talks on the floor of the U.S. Senate America is distinguished for her good- placed. He went into surgery and expe- about the need for rights for the down- ness. I don’t think we can excuse this rienced cardiac and respiratory distress trodden: Find me a more helpless crea- act. No adequate excuse exists for the in surgery, and he slipped into a coma. ture in our human family, a more death of an innocent child by this hor- Christian fought hard to live but he downtrodden, helpless, beautiful cre- rific surgical procedure. This is a never recovered. He died on August 8, ation of God than a little baby, his human rights abuse of the basest form, 1997, at the age of 4. back to the doctor who is going to kill which, if condoned, will singe the soul But if you talked to his parents and him or her, waiting for the pain to of our Nation now that we know it ex- you talked to those who knew him and stop. ists. you asked them whether they would Mr. President, do we have any time? We must force ourselves to look The PRESIDING OFFICER. The time have traded those 4 years for denying squarely into the face of this brutality, of the Senator has expired. All time on Christian’s humanity by aborting him regardless of the many sophisticated debate has expired. in such a brutal and inhumane way, arguments. I close with a quote from Mr. SANTORUM. Mr. President, I Edward R. Murrow on this point. He they would have said no. ask unanimous consent the Senator On the anniversary of his death, they would say: ‘‘There are not two sides to from Kansas be recognized for 4 min- every story.’’ There are not two sides entered these memorials to Christian utes. in the Harrisburg Patriot News: to this story. Partial-birth abortion The PRESIDING OFFICER. Without must be banned. Christian, we love you. We miss you. We objection, it is so ordered. wish we could kiss you just one more time. I yield the floor. Mr. BROWNBACK. Mr. President, I Mr. President, I suggest the absence Until we meet again. Your loving sisters, thank the Senator from Pennsylvania Meghan and Kelly. of a quorum. for his work and his effort in this area. The PRESIDING OFFICER. The The McNaughtons were worried I want to talk in the brief period of about whether their children would ac- clerk will call the roll. time that I have about the soul of a na- The bill clerk proceeded to call the cept a disabled child in the home. I tion, the soul of our Nation and what roll. think it is pretty clear that they ac- happens to it when, once pierced with Mr. STEVENS. Mr. President, I ask cepted him very well, and he added to consciousness that this procedure goes unanimous consent that the order for their lives, and he affirmed their lives. on, allows it to continue to go on. the quorum call be rescinded. A letter from the brother: Government-sanctioned brutality The PRESIDING OFFICER. Without Dear Christian. I have a poem for you. presently exists in America in the form objection, it is so ordered. Blue jays are blue and I love you. of partial-birth abortion. We know that Robins are red and I miss you in bed. f now. The cold mechanics of partial- Sparrows are black and I wish you were MAKING CONTINUING APPROPRIA- back. birth abortion involve the near deliv- I am sorry for the bad things I did to you. ery of a late-term infant to facilitate TIONS FOR THE FISCAL YEAR You are the best and only brother I ever had. the extraction of the child’s brains. 1999, AND FOR OTHER PURPOSES Please watch over us and take care of us. This procedure will be performed sev- Mr. STEVENS. Mr. President, I ask We wonder whether those children eral times this month throughout our unanimous consent the Senate proceed accepted this child. This is a sad story, Nation, and we know that, and we to the immediate consideration of but it is a joyous story. It is a story of know that we sanction that as a State- House Joint Resolution 128, the con- acceptance and love. sanctioned form of death. tinuing resolution. S10500 CONGRESSIONAL RECORD — SENATE September 17, 1998 I further ask that the joint resolu- Provided, That whenever the amount which the authority which would be granted in the tion be read a third time and be passed would be made available or the authority appropriations Act as passed by the one and the motion to reconsider be laid which would be granted in House as of October 1, 1998, is less than the upon the table, with no intervening ac- these Acts as passed by the House and Sen- amount for current operations, then the per- ate as of October 1, 1998, is different than tinent project or activity shall be continued tion or debate. that which would be available or granted at a rate for operations not exceeding the The PRESIDING OFFICER. Without under current operations, the pertinent greater of the rates that would be provided objection, it is so ordered. project or activity shall be continued at a by the amount of the budget request or the The joint resolution (H.J. Res. 128) rate for operations not exceeding the current amount which would be made available or was read the third time and passed. rate: Provided further, That whenever the the authority which would be granted in the Mr. STEVENS. I ask that H.J. Res. amount of the budget request is less than the applicable appropriations Act as passed by 128 be spread on the RECORD. amount for current operations and the the one House under the appropriation, fund, There being no objection, the joint amount which would be made available or or authority provided in the applicable ap- resolution was ordered to be printed in the authority which would be granted in propriations Act for the fiscal year 1999 and these appropriations Acts as passed by the under the authority and conditions provided the RECORD, as follows: House and Senate as of October 1, 1998, is less in the applicable appropriations Act for the H.J. RES. 128 than the amount for current operations, then fiscal year 1998: Provided further, That when- Resolved by the Senate and House of Rep- the pertinent project or activity shall be ever there is no amount made available resentatives of the United States of America in continued at a rate for operations not ex- under any of these appropriations Acts as Congress assembled, That the following sums ceeding the greater of the rates that would passed by the House or the Senate as of Octo- are hereby appropriated, out of any money in be provided by the amount of the budget re- ber 1, 1998, for a continuing project or activ- the Treasury not otherwise appropriated, quest or the amount which would be made ity which was conducted in fiscal year 1998 and out of applicable corporate or other rev- available or the authority which would be and for which there is fiscal year 1999 fund- enues, receipts, and funds, for the several de- granted in these appropriations Acts: Pro- ing included in the budget request, the perti- partments, agencies, corporations, and other vided further, That whenever there is no nent project or activity shall be continued at organizational units of Government for the amount made available under any of these a rate for operations not exceeding the lesser fiscal year 1999, and for other purposes, appropriations Acts as passed by the House of the rates that would be provided by the namely: and Senate as of October 1, 1998, for a con- amount of the budget request or the rate for SEC. 101. (a) Such amounts as may be nec- tinuing project or activity which was con- current operations under the authority and essary under the authority and conditions ducted in fiscal year 1998 and for which there conditions provided in the applicable appro- provided in the applicable appropriations is fiscal year 1999 funding included in the priations Act for the fiscal year 1998. Act for the fiscal year 1998 for continuing budget request, the pertinent project or ac- SEC. 102. No appropriation or funds made projects or activities including the costs of tivity shall be continued at a rate for oper- available or authority granted pursuant to direct loans and loan guarantees (not other- ations not exceeding the lesser of the rates section 101 for the Department of Defense wise specifically provided for in this joint that would be provided by the amount of the shall be used for new production of items not resolution) which were conducted in the fis- budget request or the rate for current oper- funded for production in fiscal year 1998 or cal year 1998 and for which appropriations, ations under the authority and conditions prior years, for the increase in production funds, or other authority would be available provided in the applicable appropriations rates above those sustained with fiscal year in the following appropriations Acts: Act for the fiscal year 1998. 1998 funds, or to initiate, resume, or continue (1) the Agriculture, Rural Development, (b) Whenever the amount which would be any project, activity, operation, or organiza- Food and Drug Administration, and Related made available or the authority which would tion which are defined as any project, sub- Agencies Appropriations Act, 1999; be granted under an Act listed in this section project, activity, budget activity, program (2) the Departments of Commerce, Justice, as passed by the House as of October 1, 1998, element, and subprogram within a program and State, the Judiciary, and Related Agen- is different from that which would be avail- element and for investment items are fur- cies Appropriations Act, 1999, notwithstand- able or granted under such Act as passed by ther defined as a P–1 line item in a budget ing section 15 of the State Department Basic the Senate as of October 1, 1998, the perti- activity within an appropriation account and Authorities Act of 1956, section 701 of the nent project or activity shall be continued at an R–1 line item which includes a program United States Information and Educational a rate for operations not exceeding the cur- element and subprogram element within an Exchange Act of 1948, section 313 of the For- rent rate under the appropriation, fund, or appropriation account, for which appropria- eign Relations Authorization Act, Fiscal authority granted by the applicable appro- tions, funds, or other authority were not Years 1994 and 1995 (Public Law 103–236), and priations Act for the fiscal year 1999 and available during the fiscal year 1998: Pro- section 53 of the Arms Control and Disar- under the authority and conditions provided vided, That no appropriation or funds made mament Act; in the applicable appropriations Act for the available or authority granted pursuant to (3) the Department of Defense Appropria- fiscal year 1998: Provided, That whenever the section 101 for the Department of Defense tions Act, 1999, notwithstanding section amount of the budget request is less than the shall be used to initiate multi-year procure- 504(a)(1) of the National Security Act of 1947; amount for current operations and the ments utilizing advance procurement fund- (4) the District of Columbia Appropriations amounts which would be made available or ing for economic order quantity procurement Act, 1999; the authority which would be granted in unless specifically appropriated later. SEC. 103. Appropriations made by section (5) the Energy and Water Development Ap- these appropriations Acts as passed by the 101 shall be available to the extent and in the propriations Act, 1999; House and the Senate as of October 1, 1998, manner which would be provided by the per- (6) the Foreign Operations, Export Financ- are both less than the amount for current op- tinent appropriations Act. ing, and Related Programs Appropriations erations, then the pertinent project or activ- SEC. 104. No appropriation or funds made Act, 1999, notwithstanding section 10 of Pub- ity shall be continued at a rate for oper- available or authority granted pursuant to lic Law 91–672 and section 15 of the State De- ations not exceeding the greater of the rates section 101 shall be used to initiate or re- partment Basic Authorities Act of 1956; that would be provided by the amount of the sume any project or activity for which ap- (7) the Department of the Interior and Re- budget request or the amount which would propriations, funds, or other authority were lated Agencies Appropriations Act, 1999; be made available or the authority which not available during the fiscal year 1998. (8) the Departments of Labor, Health and would be granted in the applicable appro- SEC. 105. No provision which is included in Human Services, and Education, and Related priations Act as passed by the House or as an appropriations Act enumerated in section Agencies Appropriations Act, 1999, the House passed by the Senate under the appropria- 101 but which was not included in the appli- and Senate reported versions of which shall tion, fund, or authority provided in the ap- cable appropriations Act for fiscal year 1998 be deemed to have passed the House and Sen- plicable appropriations Act for the fiscal and which by its terms is applicable to more ate respectively as of October 1, 1998, for the year 1999 and under the authority and condi- than one appropriation, fund, or authority purposes of this joint resolution, unless a re- tions provided in the applicable appropria- shall be applicable to any appropriation, ported version is passed as of October 1, 1998, tions Act for the fiscal year 1998. fund, or authority provided in this joint res- in which case the passed version shall be (c) Whenever an Act listed in this section olution. used in place of the reported version for pur- has been passed by only the House or only SEC. 106. Unless otherwise provided for in poses of this joint resolution; the Senate as of October 1, 1998, the perti- this joint resolution or in the applicable ap- (9) the Legislative Branch Appropriations nent project or activity shall be continued propriations Act, appropriations and funds Act, 1999; under the appropriation, fund, or authority made available and authority granted pursu- (10) the Department of Transportation and granted by the one House at a rate for oper- ant to this joint resolution shall be available Related Agencies Appropriations Act, 1999; ations not exceeding the current rate and until (a) enactment into law of an appropria- (11) the Treasury and General Government under the authority and conditions provided tion for any project or activity provided for Appropriations Act, 1999; and in the applicable appropriations Act for the in this joint resolution, or (b) the enactment (12) the Departments of Veterans Affairs fiscal year 1998: Provided, That whenever the into law of the applicable appropriations Act and Housing and Urban Development, and amount of the budget request is less than the by both Houses without any provision for Independent Agencies Appropriations Act, amount for current operations and the such project or activity, or (c) October 9, 1999: amounts which would be made available or 1998, whichever first occurs. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10501 SEC. 107. Appropriations made and author- vision of law, the time for locating any SENSE OF THE SENATE ity granted pursuant to this joint resolution unpatented mining claim, mill, or tunnel REGARDING PUERTO RICO shall cover all obligations or expenditures site pursuant to 30 U.S.C. 28g may continue incurred for any program, project, or activ- through the date specified in section 106 of The PRESIDING OFFICER. Under ity during the period for which funds or au- this joint resolution. the previous order, the clerk will re- thority for such project or activity are avail- SEC. 117. The amounts charged for patent port the resolution. able under this joint resolution. fees through the date provided in section 106 The bill clerk read as follows: SEC. 108. Expenditures made pursuant to shall be the amounts charged by the Patent A resolution (S. Res. 279) expressing the this joint resolution shall be charged to the and Trademark Office on September 30, 1998, sense of the Senate supporting the right of applicable appropriation, fund, or authoriza- including any applicable surcharges col- the United States citizens in Puerto Rico to tion whenever a bill in which such applicable lected pursuant to section 8001 of P.L. 103–66: express their desires regarding their future appropriation, fund, or authorization is con- Provided, That such fees shall be credited as political status. tained is enacted into law. offsetting collections to the Patent and The Senate proceeded to consider the SEC. 109. No provision in the appropriations Trademark Office Salaries and Expenses ac- resolution. Act for the fiscal year 1999 referred to in sec- count: Provided further, That during the pe- tion 101 of this Act that makes the availabil- Mr. DASCHLE. Mr. President, I am riod covered by this joint resolution, the very pleased to join my colleagues in ity of any appropriation provided therein de- commissioner may recognize fees that re- pendent upon the enactment of additional flect partial payment of the fees authorized support of this sense-of-the-Senate res- authorizing or other legislation shall be ef- by this section and may require unpaid olution that recognizes the rights of fective before the date set forth in section amounts to be paid within a time period set U.S. citizens in Puerto Rico to decide 106(c) of this joint resolution. by the Commissioner. their political future. SEC. 110. Appropriations and funds made SEC. 118. Notwithstanding sections 101, 104, I publicly commend the distinguished available by or authority granted pursuant and 106 of this joint resolution, until 30 days Senator from New Jersey and the Sen- to this joint resolution may be used without after the date specified in section 106, funds ator from Florida for their outstanding regard to the time limitations for submis- may be used to initiate or resume projects or sion and approval of apportionments set leadership in bringing us to this point. activities at a rate in excess of the current Resolutions of this kind and legislation forth in section 1513 of title 31, United States rate to the extent necessary, consistent with Code, but nothing herein shall be construed existing agency plans, to achieve Year 2000 dealing with this particular issue have to waive any other provision of law govern- (Y2K) computer conversion. had a roller-coaster ride in this Con- ing the apportionment of funds. SEC. 119. Notwithstanding any other provi- gress. Were it not for the tremendous SEC. 111. This joint resolution shall be im- sion of this joint resolution, except section persistence of the Senator from New plemented so that only the most limited 106, the amount made available for projects Jersey and the Senator from Florida, funding action of that permitted in the joint and activities for decennial census programs we would not be here tonight. So I pub- resolution shall be taken in order to provide shall be the higher of the amount that would licly express, on behalf of all of our col- for continuation of projects and activities. be provided under the heading ‘‘Bureau of SEC. 112. Notwithstanding any other provi- leagues, our thanks to them for their the Census, Periodic Censuses and Pro- sion of this joint resolution, except section leadership, their persistence, and their grams’’ in the Departments of Commerce, 106, for those programs that had high initial Justice, and State, the Judiciary, and Relat- diligence in bringing us to a point rates of operation or complete distribution ed Agencies Appropriations Act, 1999, as where we hope on a unanimous basis of fiscal year 1998 appropriations at the be- passed by the House, or the amount that this resolution will at long last be ginning of that fiscal year because of dis- would be provided by such Act as passed by adopted tonight. tributions of funding to States, foreign coun- the Senate, or the amount of the budget re- Very simply, the resolution states tries, grantees or others, similar distribu- quest, multiplied by the ratio of the number that the people of Puerto Rico should tions of funds for fiscal year 1999 shall not be of days covered by this resolution to 365. made and no grants shall be awarded for be given an opportunity to express such programs funded by this resolution that their views on the political status of f would impinge on final funding prerogatives. Puerto Rico through some form of SEC. 113. Notwithstanding any other provi- plebiscite. President Kennedy once sion of this joint resolution, except section UNANIMOUS CONSENT said, ‘‘The most precious and powerful 106, the rate for operations for projects and AGREEMENT—S. RES. 279 right in the world is the right to vote activities that would be funded under the Mr. STEVENS. Mr. President, I fur- in an American election.’’ heading ‘‘International Organizations and The great Mexican patriot, Benito ther ask unanimous consent that at 7 Conferences, Contributions to International Juarez, once said that ‘‘democracy is Organizations’’ in the Departments of Com- p.m., the Senate proceed to the consid- the destiny of humanity.’’ In the case merce, Justice, and State, the Judiciary, and eration of S. Res. 279 regarding Puerto of Puerto Rico, democracy delayed is Related Agencies Appropriations Act, 1999, Rico, submitted earlier today by Sen- democracy denied. The destiny of Puer- shall be the amount provided by the provi- ators TORRICELLI, D’AMATO and MUR- sions of section 101 multiplied by the ratio of to Rico’s political future should be in KOWSKI. I further ask there be 50 min- the number of days covered by this resolu- the hands of the people of Puerto Rico. utes for debate on the resolution equal- tion to 365. Congress should pass legislation that ly divided between the majority and SEC. 114. Notwithstanding any other provi- provides the congressional framework sion of this joint resolution, except section minority sides, with 10 minutes of the to recognize and implement their deci- 106, the rate for operations for the following minority time under the control of sion. activities funded with Federal Funds for the Senator SARBANES. District of Columbia, shall be at a rate for Our Nation is built on democratic I further ask that upon the conclu- principles of equality, opportunity and operations not exceeding the current rate, sion or yielding back of the time, the multiplied by the ratio of the number of days the right of self-determination. covered by this joint resolution to 365: Cor- resolution and preamble be agreed to, Yet, American citizens on the island rections Trustee Operations, Offender Super- and the motion to reconsider be laid of Puerto Rico lack the rights to ex- vision, Public Defender Services, Parole Rev- upon the table, and that no amendment press the basic tenet of democracy, a ocation, Adult Probation, and Court Oper- be in order to the resolution or the pre- government chosen by the people. ations. amble. In the words of Thomas Jefferson, SEC. 115. Activities authorized by sections The PRESIDING OFFICER. Without ‘‘That government is the strongest of 1309(a)(2), 1319, 1336(a), and 1376(c) of the Na- objection, it is so ordered. which every man feels a part.’’ In re- tional Flood Insurance Act of 1968, as amend- ed (42 U.S.C. 4001 et seq.), may continue Mr. STEVENS. I suggest the absence gard to Puerto Rico, formal recogni- through the date specified in section 106 of of a quorum. tion of these democratic ideals is long- this joint resolution. The PRESIDING OFFICER. The overdue. Since the end of the Spanish- SEC. 116. Section 28f(a) of title 30, U.S.C., is clerk will call the roll. American War 100 years ago, we have amended by striking the words ‘‘The holder’’ The bill clerk proceeded to call the shared a social, economic, and political through ‘‘$100 per claim.’’ And inserting roll. union with Puerto Rico. In 1917, Con- ‘‘The holder of each unpatented mining Mr. DASCHLE. Mr. President, I ask gress granted citizenship to Puerto claim, mill, or tunnel site located pursuant unanimous consent that the order for to the mining laws of the United States be- Ricans. In 1952, the people of Puerto fore October 1, 1998 shall pay the Secretary the quorum call be rescinded. Rico took on local self-government. of the Interior, on or before September 1, The PRESIDING OFFICER (Mr. In 1963, President Kennedy called for 1999 a claim maintenance fee of $100 per BROWNBACK). Without objection, it is so self-determination for the people of claim site.’’. Notwithstanding any other pro- ordered. Puerto Rico. S10502 CONGRESSIONAL RECORD — SENATE September 17, 1998 More than a quarter of a century We recognize, and the sense-of-the- thank all of those who have been so ac- later, we are still debating the issue in Senate resolution proclaims, that the tive in the effort to secure a congres- the Senate as 4 million Americans are ultimate decision as to the political fu- sionally sanctioned plebiscite in Puer- denied basic democratic rights. I hope ture of Puerto Rico will be made by to Rico. we will all agree that this is simply un- this Congress, but by giving the degree I say to our fellow citizens in Puerto acceptable. of recognition to the Puerto Rican- Rico, we admire your contribution for The people of Puerto Rico have long called plebiscite on December 13 that a century to the development of our demonstrated their patriotism to the this sense-of-the-Senate resolution will land. We admire your patriotism in United States. Tens of thousands have do; it will give additional standing, ad- time of war and your great contribu- served in the American military. More ditional confidence, to the people of tions in time of peace. We extend to than 1,200 Puerto Ricans have died in Puerto Rico that their vote on that day you this statement of our respect. combat to preserve our democratic way will have an important impact here as We urge your full participation in the of life. we decide what next steps to take rel- plebiscite on December 13. We will be Mr. President, I support the right of ative to the political future of Puerto anxious to receive your statement of self-determination for U.S. citizens liv- Rico. your desires for your political destiny. ing in Puerto Rico. That is why I am a Mr. President, it is clear that we can- And then I hope that my colleagues cosponsor of S. 472, the ‘‘United States- not continue with the status quo. A de- here in this Chamber and our compan- Puerto Rico Political Status Act,’’ cision is going to have to be made, and ion Chamber will hear with dignity which provides a congressionally rec- I believe made soon, as to what the per- what you have said and will move to- ognized framework for U.S. citizens manent political status of Puerto Rico wards, with your direction, providing a living in Puerto Rico to freely decide will be. We have had this expedience permanent political status for the U.S. statehood, independence, or the con- throughout America’s history. citizens on the island of Puerto Rico. tinuance of the commonwealth under After the first 13 colonies, there was Thank you, Mr. President. U.S. jurisdiction. the Northwest Ordinance which laid Mr. CRAIG addressed the Chair. As a first step, Congress should adopt out the basic principle by which future The PRESIDING OFFICER. The Sen- this sense-of-the-Senate resolution this States would be carved out of the large ator from Idaho. year in an effort to resolve the ques- territories of America and joined to the Mr. CRAIG. Mr. President, first of tion of Puerto Rico’s political status in Original States. And that principle in- all, let me thank the Senator from New a fair manner. cluded the fact that those new States Jersey for authoring and bringing forth We must ensure we provide full would join with equal dignity, with Senate Resolution 279. I am pleased to democratic rights for all American equal political rights and responsibil- be a cosponsor of it, along with the citizens, including those who live in ities to the Thirteen Original States. chairman of the Energy and Natural Puerto Rico. These have been basic tenets of our de- Resources Committee, Senator MUR- Mr. President, I yield the floor. mocracy which now we are called upon KOWSKI; for he and I have, can I say, la- Mr. GRAHAM addressed the Chair. to make available to the people of bored mightily, along with the Senator The PRESIDING OFFICER. The Sen- Puerto Rico. from Florida, over the last good many ator from the great State of Florida. My colleague, Senator TORRICELLI, in months, first of all, to work on the Mr. GRAHAM. Mr. President, I rise comments last week made the state- issue of self-determination for Puerto to speak on this sense-of-the-Senate ment which I think summarizes the es- Rico. resolution with mixed feelings. I would sence of the debate that we are having I certainly thank all of my col- have much preferred to be speaking to- this evening, and that is, that Puerto leagues for the cosponsorship of S. 472, night in behalf of legislation that Rico represents the unfinished business legislation that I introduced a year ago would have provided for the first time of American democracy. And it cannot that I hoped, as does the Senator from in the 100-year relationship between be ignored—unfinished business. We Florida, that we could be voting on at the United States and Puerto Rico for need to set about our task of complet- this time—debating it, voting on it, a congressionally sanctioned plebiscite ing that. And that task begins by a re- and giving our Puerto Rican friends giving to the people of Puerto Rico the spectful listening to the desires of the and fellow citizens the opportunity, a sense of confidence from respect that almost 4 million U.S. citizens who live clear direction as it relates to self-de- their voice would be heard as to their on the island of Puerto Rico. termination. That is not going to be desires for their political future. I remind my colleagues that we are the case. Time has not allowed that. Our colleagues in the House of Rep- not talking about 4 million people who So I hope that by next year the resentatives passed such a plebiscite are citizens of a foreign land. Every record before the Senate might include bill. Unfortunately, after months of one of those 4 million people in Puerto the results of another plebiscite in hearings, we will not have the oppor- Rico is a citizen of the United States of Puerto Rico that the Senator from tunity to present from the Energy and America. These are fellow citizens who Florida has just mentioned. That is Natural Resources Committee to the have never been afforded the oppor- why the resolution before us today, I full Senate such legislation. I com- tunity for a clear congressionally sanc- think, is very important. mend Senator MURKOWSKI who made a tioned expression of their opinion as to In accordance with their rights of valiant effort to do so, including devel- what their political future should be. self-determination, the citizens of this oping legislation which I think could The nearly 4 million U.S. citizens who Nation—the people of Puerto Rico— have been the basis of a consensus on reside in Puerto Rico are entitled to acting through their constitutional this matter and would have resulted in that opportunity. And this combina- process and elected representatives, a favorable vote in the full Senate and tion of a Puerto Rican congressionally have empowered themselves to conduct the nucleus of a compromise with the called plebiscite with this degree of a vote based on the record created in House of Representatives. sanction by the U.S. Congress is as the House and the Senate deliberations But the world goes on. The Governor close as we can reach to that objective in the Congress since the 1993 vote. of Puerto Rico has, with the concur- in 1998. Since any act of self-determination rence of the Puerto Rican Congress, The sense of the Senate is the very in Puerto Rico is not self-executing, called for a referendum on the political least that we can do to honor the re- the resolution of Puerto Rico’s politi- future of Puerto Rico to be held on De- quest of our fellow U.S. citizens in cal status is a Federal matter that can cember 13. It is important that, as a Puerto Rico and send them a clear only be fully and finally determined by minimal statement of our commitment message that we are listening to their an act of Congress. However, in the ex- to the principle of self-determination, desires. ercising of its powers in this regard, we adopt this sense-of-the-Senate reso- The sense of the Senate, in conjunc- Congress must be informed by the free- lution and express our position in favor tion with the House-passed bill, takes ly expressed wishes of the citizens of of that plebiscite and indicate that we an important step in the right direc- Puerto Rico. Thus, this resolution rec- will take its results with appropriate tion. I thank all of my colleagues who ognizes that the coming vote will ad- seriousness. have cosponsored this resolution. I vance the process of self-determination September 17, 1998 CONGRESSIONAL RECORD — SENATE S10503 within the framework of our great Na- reaction to videotapes from the local The PRESIDING OFFICER. The Sen- tion’s Constitution. status campaigns that prevented the ator from New Jersey. Contrary to rumors in Puerto Rico, Senate from moving forward with leg- Mr. TORRICELLI. Mr. President, is there was no great intrigue or political islation at this time. Rather, faced there a unanimous consent request pro- reaction to videotapes from the local with the difficulty of completing a full posed by the Senator from Alaska? status campaigns that prevented the Senate debate on the draft chairman’s The PRESIDING OFFICER. If the Senate from moving forward with leg- legislative mark, this body is doing the Senator would withhold for a moment, islation at this time. Rather, faced right thing by moving forward with a 10 minutes of the minority’s time is al- with what we all understand is a very Resolution recognizing the need for ready under the control of Senator complicated schedule here in the final further self-determination and rec- SARBANES under a previous order. days before we adjourn, and concern on ognizing the constraints placed upon Mr. TORRICELLI. Mr. President, I the part of colleagues on both sides of it. ask unanimous consent that I be able the aisle, we have brought Senate Res- I am proud of the Senate today, and to control the remainder of the minor- olution 279 to the floor to express at I am proud of the people of Puerto Rico ity time and the Senator from Alaska this time, as the House has expressed, for seizing the moment and organizing control the remainder of the majority an opportunity for the Puerto Ricans an act of self-determination that is time. to advance the cause of their self-de- based upon the arguments heard in the The PRESIDING OFFICER. Without termination. And I hope that the reso- Congressional process which will con- objection, it is so ordered. Mr. MURKOWSKI. How much time lution and our vote on it tonight re- tinue next year. This action is good for does the Senator from New York de- flects that. Puerto Rico and serves the interests of sire? Mr. President, today the Senate ends our entire Nation as we move forward Mr. D’AMATO. No more than 5 min- its prolonged silence on the question of together to seek to resolve the terri- utes. Puerto Rico’s political status. The torial status dilemma that began 100 The PRESIDING OFFICER. The Sen- 105th Congress will not end without a years ago. I wish our fellow U.S. citi- ator from New York is recognized for 5 Senate response to the 1994 and 1997 pe- zens in Puerto Rico well in exercising minutes. titions of the Legislature of Puerto their God given right of self-determina- Mr. D’AMATO. Mr. President, let me Rico to Congress. By our action today, tion. I hope they will join me in trust- at the outset say how tremendously the Senate joins the House in respond- ing that their voice will be heard and proud and pleased I am that one of my ing to those petitions by recognizing that Congress will answer. In America, great and dear friends, the Senator the need for further self-determination we have no alternative to democracy from Alaska, has worked so hard and in Puerto Rico. This is because the 1993 and desire nothing more. so diligently to attempt to advance a status vote in Puerto Rico did not re- I join with my colleagues from Flor- cause that this Nation espouses to so solve the status question. Indeed, no ida, New Jersey—now the chairman of many. option won a majority in 1993. the full committee is here on the We talk about the lack of freedom That is why I sponsored a bill to rec- floor—to say to our friends and citizens throughout the world. We talk about ognize the need for further self-deter- of Puerto Rico that we ask them to go democracy. Indeed, it is unfortunate mination. I thank my colleagues from forward with their vote in December. that there are strong forces, people both parties who joined me by cospon- We hope that that is an advanced ex- who I know and who I respect, who soring S. 472. pression of their desire to advance the even at this very time give lip service I also want to thank the chairman of cause of statehood, but most impor- rather than meaningful and true sup- the Energy and Natural Resources tantly to advance the cause of self-de- port for that cause. Senator MURKOW- Committee, Senator MURKOWSKI, for termination so that the Congress can SKI understands that freedom and de- his assistance and leadership to estab- have the kind of direction that we hope mocracy are not something that just lish a record to support action by the that vote will bring. should be for some, but should be for committee and the full Senate on this With that, I yield the floor. all, and that the right of self-deter- matter. I regret that the draft chair- Mr. MURKOWSKI addressed the mination is an inalienable God-given man’s mark has not been acted on, but Chair. right. It is one that this country is I applaud his commitment to move the The PRESIDING OFFICER. The Sen- founded on. People have paid the great- self determination issue forward. ator from Alaska. est price and sacrifice with their life, It now appears that by next year the Mr. MURKOWSKI. In view of my col- jeopardizing their families, in the fight record before the Senate may include leagues who have waited longer than I for freedom and democracy. the results of another plebiscite in have, I simply want to identify the I have to tell Members that it is Puerto Rico. That is why the resolu- time on either side, and if I may, if more than imperative, it is a moral ne- tion before us today is so very impor- there is no objection, I would like to cessity, that we strongly encourage the tant. In accordance with their right of control the time. process of self-determination for 4 mil- self-determination, the people of Puer- The PRESIDING OFFICER. The ma- lion Americans, U.S. citizens who live to Rico, acting through their constitu- jority has 20 minutes; the minority has in Puerto Rico, that they should deter- tional process and elected representa- 13 minutes. mine by what rules and what form of tives, have empowered themselves to Mr. MURKOWSKI. I would be happy government they should live. conduct a vote based on the record cre- to—obviously, I will not speak for the We have for years talked about the ated in the House and Senate delibera- minority—but I would yield whatever lack of democracy in all areas of the tions in Congress since the 1993 vote. time to the minority or perhaps Sen- world. We talk about it in China, Since any act of self-determination ator TORRICELLI would like to control Korea, here, there. We should be in Puerto Rico is not self-executing, the time for the minority. ashamed that it has taken us so long to resolution of Puerto Rico’s political Mr. GRAHAM addressed the Chair. come forth with a rather simple resolu- status is a federal matter that can only The PRESIDING OFFICER. The Sen- tion, and that it has taken such an in- be fully and finally determined by an ator from Florida. credible effort by the Senator from act of Congress. However, in exercising PRIVILEGE OF THE FLOOR Alaska and others, to bring us to this its powers in this regard Congress must Mr. GRAHAM. I ask unanimous con- point. This is a pittance in comparison be informed by the freely expressed sent that Delia Lasanta, Luis Rivera, to those who have bled, who have sac- wishes of the residents of Puerto Rico. and Danielle Quintana of my staff and rificed for democracy, for self-deter- Thus, this resolution recognizes that Susan Nisar of Senator D’AMATO’s staff mination. the coming vote will advance the proc- be accorded floor privileges for the re- I hope we understand that we want to ess of self-determination within the mainder of today’s session. encourage people, saying the right to framework of our great Nation’s Con- The PRESIDING OFFICER. Without vote, the right to determine one’s own stitution. objection, it is so ordered. destiny, is inalienable. Contrary to rumors in Puerto Rico, Mr. TORRICELLI addressed the I would like to have a recorded vote. there was no great intrigue or political Chair. I would like for us to say: We are going S10504 CONGRESSIONAL RECORD — SENATE September 17, 1998 to recognize your hopes and your aspi- this Union is made by any peoples and judgment, I, like the Senator from New rations and your dreams. It is my hope any lands but once in their history, and York, Senator D’AMATO, would choose that the people vote for statehood. But it is never revisited again. to join the Union. I believe history has that is their right. They may deter- For 100 years, the people of Puerto given us the right and the responsibil- mine that they want to continue the Rico and these United States have ity to face the future together. But I present situation, but they should have shared a common history. Our people recognize mine is no more than a cas- that inalienable right, and we should have fought together, bled together, ual opinion. The decision rests with the say to them that we are ready and will- and died together. Our cultures over a people of Puerto Rico alone. The im- ing to recognize your choice, your deci- period of time increasingly have portance of this resolution is that as sion, as free men and women, and, yes, merged. Hundreds of thousands, indeed, the people of Puerto Rico vote, they that we would be willing and ready to millions, of people of Puerto Rico have should recognize that the U.S. Con- undertake supporting that decision be- chosen to live among other Americans gress considers Puerto Rico to genu- cause we respect the inalienable rights in these United States. Indeed, the inely be the unfinished business of of people to make their own determina- judgment that potentially might be American democracy. tion. made by the people of Puerto Rico who The people of Puerto Rico should rec- As we mark the 100th anniversary of reside on the island has economically ognize as they vote that the Congress Puerto Rico becoming a part of the and culturally and even politically al- of the United States is watching, that United States, I think it is important ready been made by millions of others we recognize our responsibilities and to recognize that their sons and daugh- in how they live and where they choose are prepared in the 106th Congress to ters have made the supreme sacrifice. to live. receive their judgment and make our They have answered the call of duty. The history of the United States for own decision about the future of this They have been there. And now it is these 200 years has been a history of Union. time for us to say: You can be a part of constant enfranchisement, expanding Mr. President, once again, I want to this great Nation, not just as citizens, the right to vote to African-Americans, congratulate Senator MURKOWSKI for but as a State, if you choose, if you de- to women, people 18 years of age, in our having presided over these issues these termine, and then send your response own generation to the people of Hawaii months, and Senator GRAHAM for his to us. and Alaska. leadership, and each of my colleagues There are those who say it doesn’t It is part of the great history of this who come to this floor on a bipartisan matter. Well, it does matter, and it is country that we, unlike other nations, basis, across ideological lines, uniting bigger than partisan politics. It is big- were not satisfied to simply enfran- in our common belief that there is no ger than Republicans and Democrats. I chise ourselves but recognized we were right to govern without the consent of believe that in the fullness of time the greater and the better people the governed and that it is not good what an incredible beacon a 51st State through our expansion. Now we, poten- enough, in spite of the enfranchisement might be. But that is for the people of tially, visit that question again. It is a of all of our people across this con- Puerto Rico to determine. What an ex- judgment that can only be made by the tinent, that there remains a single ex- ample to all of Central America and people of Puerto Rico for themselves. ception. America is too good a land, South America, in terms of sharing our This is ultimately their responsibility our history is too great, for anyone to cultures, our values, with this island as to decide. But it is the responsibility of be an exception to these great and last- part of this great Nation. Certainly at this Congress that they have the right ing principles. the very least, the people of Puerto to decide. It is a peculiar and tragic Mr. President, I yield the floor. Rico, our citizens, should have that irony of history that the first republic Mr. MURKOWSKI. Mr. President, it right which we declare day in and day to be created out of colonialism might is my understanding that this side has out is inalienable for people through- now enter the 21st century in a about 15 minutes remaining? out the country, for all corners of the neocolonialist position. The PRESIDING OFFICER. Yes, 15 world. No American should be content with minutes. I congratulate my friends who have this contradiction of our own history, Mr. MURKOWSKI. I yield 5 minutes brought it to this point, and the Senate and some might claim—some might to Senator DOMENICI from New Mexico. majority leader, and Senator even accuse—that this U.S. Govern- The PRESIDING OFFICER. The Sen- TORRICELLI for his unwavering support ment is in a position with the people of ator from New Mexico. of that commitment to justice, to de- Puerto Rico that is anything less than Mr. DOMENICI. Mr. President, first, mocracy, to self-determination. full, free, fair, and democratic. Yet, by let me say that it is most appropriate I yield the floor. the definition we have applied for our- that we take this action tonight during The PRESIDING OFFICER. The Sen- selves, it would be difficult to defend the second week of Hispanic Heritage ator from New Jersey. against the charge. Written on the Month in the United States. It is quite Mr. TORRICELLI. Mr. President, I walls of this Capitol from the inau- appropriate, while we are honoring the want to first express my congratula- gural address of President Harrison in contribution which Hispanic culture tions to Senator MURKOWSKI without 1841 is, ‘‘The only legitimate right to has made to our country, that we are whose efforts in committee we would government is an expressed grant of now saying to one group of Hispanics not, today, be discussing this resolu- power from the governed.’’ who live on the island of Puerto Rico tion; Senator GRAHAM of Florida, who Yet, Mr. President, every day, the that we are willing to see you take a has labored for so long on this cause; people of Puerto Rico are subjected to vote regarding whether or not you Senator DASCHLE; Senator LANDRIEU; fees, rules, regulations, policies, and would choose to become the next State. Senator D’AMATO; Senator CRAIG; so determinations from this Congress, Mr. President, this resolution affirms many Members of this institution who having no representative who has a that the first step in any change of po- have taken the cause and interests of right to vote and make a judgment on litical status for the community of the people of Puerto Rico and made their behalf. The relationship between Puerto Rico rests with the people of them their own. the people of Puerto Rico and the that island. When they express that There are few more solemn respon- United States is a contradiction with opinion in December—December of this sibilities to come to the Congress of everything that we hold dear and every very year—then it will be up to Con- the United States than the issue of ad- principle upon which this country was gress to take whatever steps are nec- mission into this great Union. It is sol- founded. essary to consider that decision. emn because to join in union is to Mr. President, I urge the people of Let me say that there are a number share a future, to pledge our fortunes, Puerto Rico to take this judgment seri- of Senate heroes with reference to this our lives, together. It is a serious occa- ously between this date and December Puerto Rico resolution. First, I must sion because the prospect of joining 13 and to think carefully. If they decide say that the individuals most likely to this Union raises the prospect of ‘‘for- to join this Union, this is a moment recall the difficulties of taking a vote ever,’’ because this Union is indivisible, that they will not visit again. Joining and deciding whether to become a it is permanent. The judgment to join this Union is permanent. If it were my State are the citizens represented by September 17, 1998 CONGRESSIONAL RECORD — SENATE S10505 those Senators whose States were last night, that we agree with this resolu- urable, and your people of Puerto Rico admitted, or close to being last admit- tion. can be very proud of your contribution ted. So the hero tonight is FRANK MUR- Mr. President, once again, many of in bringing this matter from the House KOWSKI of the great state of Alaska. us came here from around the world, or of Representatives to the floor of the For anybody wondering, that is not a our parents or grandparents did. And U.S. Senate tonight. Hispanic name—MURKOWSKI—but it is a we know the validity and the great Mr. President, let me acknowledge name of European descent, perhaps value of America. We hope the people my good friends and colleagues who Polish. He understands what it is for a in Puerto Rico understand that and act have had such a significant role in State to go through this process of de- accordingly. moving this to where we are today. Of ciding whether you are going to be- I yield the floor. course, that would include Senator come a part of the Union, the United Mr. MURKOWSKI. Mr. President, I TORRICELLI and Senator D’AMATO. States of America. believe Senator HATCH would like rec- I think it is important to recognize I remind the Puerto Ricans—who are ognition for 3 minutes. the constituency associated with many Americans in their own right—that The PRESIDING OFFICER. The Sen- of the Members who have come forth as Americans think that the United ator from Utah is recognized for 3 min- initial sponsors. Senator LAUTENBERG States is so important that we had a utes. referred to Senator HATCH; my good Civil War over whether you could uni- Mr. HATCH. Mr. President, I have friend from Hawaii, Senator AKAKA; laterally drop out of the Union once been to Puerto Rico. I have to say it is Senator DASCHLE; Senator LANDRIEU; you joined it. So I want you to take it a beautiful land. Senator LIEBERMAN; Senator GRAHAM seriously, Puerto Rico, because it is se- These are our fellow citizens. They of Florida; and Senator DOMENICI, and rious. We had the biggest battle within have to make this determination. Of there are many, many more. the borders of our own Nation about course, we should give them that right. But the significance of the commit- the issue of keeping this great country I have heard both arguments within ment, particularly of Senator D’AMATO together, and you should know that Puerto Rico. Some feel it is a great and Senator TORRICELLI, I think rep- and you should be concerned about idea to have statehood. Others don’t resent an extraordinary sensitivity as that. think it is quite so great. There are brought out in the statements not nec- Secondly, let me suggest that in the disadvantages to becoming a State. essarily individually of their feeling to- State of New York there is a Senator There is no question about it. But wards what America is all about but named Senator D’AMATO, and the Puer- there are great advantages as well. perhaps better in the comments that to Ricans know that is not a Spanish All we are doing here this evening is were made by the Senator from New name either; it is Italian like mine, acknowledging as Members of the U.S. Mexico, Senator DOMENICI, who indi- DOMENICI. But this Senator from New Senate the right of our fellow U.S. citi- cated, as you look at the names of York understands what the Puerto zens in Puerto Rico to express demo- sponsors on this legislation, that you Ricans in his State and the Puerto cratically their views regarding their have a potpourri, if you will, of the Ricans in Puerto Rico mean to our Na- future political status through a ref- mixture of Americans committed to tion. He has always been willing to erendum or other public forum, and to democracy. give the people in Puerto Rico an op- communicate those views to the Presi- I must acknowledge in my thanks to portunity to determine their destiny. dent of the United States and to the my colleagues that this Senator from And I believe second to Senator MUR- Congress. Alaska does not have a large Puerto KOWSKI on our side of the aisle, behind That is the least we could do. These Rican constituency. But I do have a the scenes, Senator D’AMATO has made are good people. These are proud peo- long memory. it very clear that this night should ple. These are people who have contrib- Alaska has been a State since 1959. I occur—not next year or the year after, uted to this country—and who will con- grew up in a territory. We had taxation but now. So I compliment my good tribute to this country—even though without representation. My father used friend and a friend of the Puerto Rican their status has been different from to say he felt good about being able to people in New York and across the other citizens. write on his income tax form in a red country. I compliment the Senator for I personally endorse and support this pen ‘‘filed under protest, taxation with- his tremendous, tremendous regard for resolution here this evening. I hope and out representation.’’ But that is the ex- what Puerto Rico believes is right and I know that it will pass. It will pass tent of what made him feel good. fair. unanimously, which I think is the high I can recall seeing neighbors when I I must say, from the other side of the tribute to the people of Puerto Rico was too young to go into the draft aisle, it is most interesting that to- and to those on both sides of this issue being drafted. We were second-class night we have a series of Senators with down there. citizens, Mr. President. We had special these strange names—MURKOWSKI on I congratulate all of those who have identification cards to leave the terri- our side, D’AMATO on our side, DOMEN- worked so hard to get this done, espe- tory of Alaska to visit the State of ICI speaking, and TORRICELLI from New cially Senator MURKOWSKI, Senator Washington. It was quite a blow to the Jersey. I compliment Senator TORRICELLI, the others who have been sensitivity of American citizens, and as TORRICELLI for his vigilant and abso- mentioned, Senator D’AMATO and Sen- a consequence we have a situation with lute persistence that something should ator DOMENICI. regard to Puerto Rico today. be done on this issue before we leave This is a wonderful evening, a won- Mr. President, I would like to have here. derful day, and something that is long the clerk reserve at least 2 minutes of So tonight, without any question, the overdue. I congratulate my colleagues my time remaining for one of my col- Puerto Rican people can already say for having accomplished this today. leagues who is here with me. across the island and throughout the I yield the floor. The PRESIDING OFFICER. The Sen- rest of America, because it is a fore- Mr. MURKOWSKI addressed the ator has 4 minutes 30 seconds remain- gone conclusion, that the Senate will Chair. ing. vote on this resolution propounded by The PRESIDING OFFICER. The Sen- Mr. MURKOWSKI. Mr. President, if I the Senator from Alaska, Senator ator from Alaska. may, I want to specifically cite the fact MURKOWSKI. Frankly, it will pass over- Mr. MURKOWSKI. Mr. President, that I support this resolution. I fully whelmingly. There will be no dissent- first of all, in the concluding minutes support the objective of this resolution ing votes tonight, because for those that we have before our vote, let me in reaffirming the right of our fellow who would like to dissent, they have recognize from the House of Represent- citizens in Puerto Rico to express their already decided that they are not going atives our good friend, CARLOS RO- desires on political status through pop- to make a point of it. MERO-BARCELO´ , who is with us watch- ular referenda and to communicate As a consequence, we are going to ap- ing this historic action of the U.S. Sen- those desires to the federal govern- prove this in just as formidable a way ate. It is a pleasure to have you with ment. I also agree that the federal gov- as if we had voted, when the U.S. Sen- us, my friend. Your contribution to ernment should carefully review and ate says without a dissenting vote to- these moments have been immeas- consider any such communication. S10506 CONGRESSIONAL RECORD — SENATE September 17, 1998 This resolution is fully consistent with three recognized political parties in gress has created a series of obstacles the objective of the draft chairman’s Puerto Rico. The Governor expressed to the achievement of any change in mark that I circulated immediately the desire of the government of Puerto political status. I think we owe our fel- prior to the recess. Rico to obtain an expression from the low citizens an explanation of what the I want to thank my colleagues who federal government of status alter- process is likely to be to overcome reviewed the draft chairman’s mark natives. The parties agreed that so those obstacles so that they can ex- and who provided me with comments long as each political party is able to press their desires with a clear under- and suggestions. As I stated in my craft its own definition, those defini- standing of the process that lies before press release last week, I do not think tion, those definitions would be politi- them. that there will be time to fully con- cal statements and as a result, no ref- A second major defect in the legisla- sider the legislation this session, but I erendum would provide the clarity that tion was that it required Puerto Rico think we have made considerable Congress would want. to vote on federally defined options. progress. This resolution is fully con- The first oversight hearing consid- How and whether Puerto Rico seeks to sistent with the philosophy of my draft ered the fiscal and economic implica- petition the Congress should not be that the initiative for any political sta- tions of any change in status. Those dictated by the federal government. If tus change lies exclusively with Puerto proceedings shed considerable light on we are serious about local self-govern- Rico. some of the difficulties involved in any ment, then we should be willing to During this Congress, the House of transition to prepare Puerto Rico for allow the local government to deter- Representatives has passed legislation either consideration of an Admissions mine how to respond to the desires of requiring a referendum in Puerto Rico. Act or for the withdrawal of United its constituents. Not all territories Similar legislation was introduced in States sovereignty. conducted referenda on future political the Senate. I stated at the outset of The second oversight hearing focused status and none were ever required to this Congress, that I consider the mat- on the individual issues involved in hold one by the federal government. As ter of political status one of the most separate sovereignty, either as full part of the Enabling or Admissions important constitutional responsibil- independence or in some form of free Act, some territories were required to ities of the Congress and of my com- association. In addition to a consider- agree to the terms of a particular mittee. ation of the issues, especially that of Statehood proposal, but that came I cautioned when those measures citizenship, the hearing also served to after Congress had enacted the legisla- were introduced that as much as some focus on sovereignty as the test for tion to provide for their admission. would like to see legislation enacted in consideration of those issues. We should not constrain Puerto Rico this centennial year of Puerto Rico Those hearings and the legislative in how it seeks to approach a request coming under United States sov- hearing that followed demonstrated to the federal government. Perhaps ereignty, this was an extraordinarily how unique the present circumstances they will continue to use referenda, complex and important issue and de- of Puerto Rico is and how difficult any perhaps they will use resolutions of the served full and fair consideration be- change in status will be. The hearings legislature, perhaps they will use peti- cause I recall what happened in my also demonstrate that the federal gov- tions. Each territory has approached own State of Alaska. It took a long ernment is responsible for the present the process from its own political per- time. Although the committee con- situation and the creation of the obsta- spective and we should not dictate to ducted a series of meetings in Puerto cles that must be overcome prior to our fellow citizens in Puerto Rico what Rico at the beginning of the Congress, any change in status. process they must use. I made the decision that we would wait A major defect, in my mind, in the As a result of our workshops and for the House to pass legislation before measures pending before the commit- hearings, I circulated a draft chair- we began the formal committee proc- tee and in the definitions used in past man’s mark prior to the August recess ess. I made that decision so that our referenda in Puerto Rico, is the failure to my colleagues on the committee. I committee would have all the various of the definitions for Statehood or asked for their review and comments. proposals before us. Independence to acknowledge that Several Members have submitted very By the time the House passed its leg- Puerto Rico is not presently prepared thoughtful amendments to my draft islation, it was already clear that it for federal consideration of either op- chairman’s mark. While I have directed would be very difficult to resolve the tion. staff to work on those amendments, I many questions presented by the legis- There is a very complex and difficult do not see that attempting to force the lation this year. I want to emphasize process involved before either option legislative process would be either wise the words ‘‘this year,’’ because I think could be implemented, as our hearings or helpful. there has been too much emphasis on demonstrated. I support the objectives of this reso- timing and not enough on substance. For Statehood, that process would lution and they are fully consistent I am committed to the enactment of entail, at a minimum, significant con- with the framework of my draft chair- responsible legislation and not simply sideration of several entitlement pro- man’s mark. There is no question that to the enactment of legislation this grams as well as the extension of the Puerto Rico, either through popular year. Internal Revenue laws in concert with referenda or resolution of the legisla- Nonetheless, and despite the limita- a complete overhaul of Puerto Rico’s ture or simple petition, has the right tions of the Senate schedule and the local tax code. This is not a simple to express its desire on political status. importance of the other measures matter and I do not expect that it can There should also be no question that pending before the committee, we held be done rapidly. Only after that transi- the federal government should respond a series of workshops, oversight hear- tion is complete should Congress con- to any such expression seriously and ing, and legislative hearings. I cir- sider fully extending the Constitution with due consideration. culated a draft chairman’s mark prior to Puerto Rico. The government of Puerto Rico has to the August recess to my colleagues As my colleagues know, the Con- now enacted legislation calling for a on the committee. I asked for a review stitution does not fully apply to Puerto referendum on December 13 of this and comments. Several Members sub- Rico. Puerto Rico has never been ‘‘in- year. In developing the definitions that mitted very thoughtful amendments to corporated’’ into the United States. will be placed before the voters, the the draft chairman’s mark. While I Alaska and Hawaii were fully incor- draftsmen had before them the lan- have directed the staff to continue to porated well before the first Admis- guage contained in the House-passed work on these amendments, I do not sions Act was even introduced. Only measure, the Senate-introduced meas- see that attempting to force the legis- after the debate on incorporation has ure, and my draft chairman’s mark. lative process would either be wise or concluded and when the Constitution is They also had the testimony of the ad- helpful in view of the remaining time fully applicable in Puerto Rico can the ministration. left in this session. political debate on admissions begin. They chose to adopt definitions based The initial workshop heard from the The point that I tried to achieve in on their own judgement. I want to Governor and the leadership of the my draft chairman’s mark, is that Con- make absolutely clear that even had September 17, 1998 CONGRESSIONAL RECORD — SENATE S10507 the draft chairman’s mark been en- The PRESIDING OFFICER. The Sen- Mr. LAUTENBERG. Mr. President, I acted, Puerto Rico would not have been ator from New Jersey. rise in strong support of this resolu- obliged to adopt the definitions con- Mr. TORRICELLI. How much time tion. I am pleased that we are passing tained in it. My draft mark was strict- remains? this resolution on the second day of ly advisory as will be the results of any The PRESIDING OFFICER. The Sen- Hispanic Heritage Month because Puer- referendum. That is as it should be. All ator from New Jersey controls 4 min- to Ricans, like all Hispanic Americans, we could hope to do would be to pro- utes 40 seconds. have made a great contribution to the vide some guidance as to what this Mr. TORRICELLI. Mr. President, let culture and economic growth of Amer- Congress thinks the process would like- me finally, in conclusion, also thank ica. ly be. Just as we can not bind a future CARLOS ROMERO-BARCELO´ . The fact There are nearly 4,000,000 American Congress, neither can an advisory ref- that this Senate has come together in Citizens who live in the Islands of erendum bind us. this extraordinary judgment would not Puerto Rico. They are an integral part I believe that we still owe our fellow have been possible without his leader- of our nation, they pay taxes and serve citizens in Puerto Rico a fair state- ship. And also, as Senator MURKOWSKI and die in our nation’s military. Fur- ment of the alternatives and process said, Governor Pedro Rossello has been thermore, there are millions of Amer- involved in future political status so such an important person in building ican Citizens with Puerto Rican herit- that they can express their desires in a this very broad coalition. To the Gov- age who live on the continent, hun- meaningful way. Passage of this resolu- ernor, I offer my very sincere congratu- dreds of thousands of whom live in New tion does not in any sense diminish the lations. He is an extraordinary man Jersey. In many ways, New Jersey is a importance of providing that informa- who has given great service to his peo- second home for Puerto Ricans. tion. This resolution does reaffirm that ple in making this night possible. CAR- I strongly believe that the American the initial step for any political status LOS ROMERO-BARCELO´ , your service has citizens who live in Puerto Rico should change rests with out fellow citizens in been nonetheless a great credit to the have the right to a democratic vote to Puerto Rico. Only they can decide people of Puerto Rico. determine the future status of these is- whether and when to petition the Con- Mr. President, I yield the remainder lands. I am pleased that such a referen- gress for consideration of a change in of my time to the Senator from Con- dum will take place in December. After necticut, Mr. LIEBERMAN. status. Only Congress can consider the this vote, Congress should take the ap- The PRESIDING OFFICER. The Sen- legislation necessary to remove the ob- propriate legislative action that re- ator from Connecticut is recognized for stacles to such a status and, in the phi- flects the will of the American citizens losophy of the Northwest Ordinance, 4 minutes. Mr. LIEBERMAN. I thank the Chair. living in Puerto Rico. And I will work prepare Puerto Rico for consideration with my colleagues to make sure that of that status. I thank my friend from New Jersey particularly for his leadership in bring- this happens. I think that ultimately we need to I urge my colleagues to support this clarify that process in legislation. ing this resolution forward and to ex- press my own pleasure at being a co- resolution. Time is running out for this session of The PRESIDING OFFICER. Who Congress, but I intend to resume where sponsor along with a bipartisan group of cosponsors. seeks recognition? we are now at the beginning of the Mr. MURKOWSKI addressed the 106th Congress. In the interim, I think Mr. President, very briefly, this reso- lution is about principle. It is not Chair. we have made considerable progress in The PRESIDING OFFICER. The Sen- about politics. It is about the principle clarifying the issues through our hear- ator from Alaska. of self-determination, which was at the ings and in the reactions to the draft Mr. MURKOWSKI. I see no other heart of the creation of America—the chairman’s mark. This resolution is Senator wishing to speak. completely consistent with that principle of self-determination, democ- I believe there is no more remaining progress. racy, self-rule. It has continued time on our side. My best wishes go to the Governor throughout our history to today, when The PRESIDING OFFICER. The Sen- and the people of Puerto Rico as they it remains a fundamental priority ele- ator from Alaska controls 2 minutes; prepare to express their preference on ment of our foreign policy toward the Senator from New Jersey controls 1 the December 13 referendum vote. other peoples and other nations. minute 45 seconds. I yield the time I have remaining to Really, what this is about is taking Mr. TORRICELLI. Mr. President, I the senior Senator from Alaska, Mr. that fundamental American principle yield back my time. STEVENS. which we are eager to apply around the Mr. MURKOWSKI. Mr. President, I Mr. STEVENS. Mr. President, I world and applying it to 4 million of would be very pleased, if there is no thank my colleague from Alaska. our fellow American citizens who live other Senator wishing recognition, to I come to the floor to congratulate on the islands that constitute Puerto yield back the remainder of our time. him and the other members of his com- Rico, who served and died in defense of The PRESIDING OFFICER. Under mittee for the action they are taking America’s freedom in disproportionate the previous order, the resolution and tonight to recognize the continuing numbers. They deserve the right to be- the preamble are agreed to. support of the Congress for the deter- come fully free, determine their des- The resolution (S. Res. 279), with its mination by the people of Puerto Rico tiny, participate fully, if they choose preamble, reads as follows: of what their future status should be. and how they choose, in our democ- S. RES. 279 The first resolution dealing with racy. Whereas nearly 4,000,000 United States citi- Alaska was introduced in the Congress Senator MURKOWSKI has been a very zens live in the islands of Puerto Rico. in 1913. Final action on statehood for steadfast leader in this effort. It didn’t Whereas 1998 marks the centenary of the Alaska took place in 1958. We became a get as far as he or we wanted, but this acquisition of the islands of Puerto Rico State in 1959, as Senator MURKOWSKI resolution at least gives us the possi- from Spain; said. It is a long process to seek to bility, before the 105th session adjourns Wheras in 1917 the United States granted change the political status of a portion and prior to the referendum that will United States citizenship to the inhabitants of Puerto Rico. of the United States, and Puerto Rico be held in Puerto Rico in December, to Whereas since 1952, Puerto Rico has exer- is a portion of our country. Its people say as Members of the Senate of both cised local self-government under the sov- really deserve the opportunity to ex- parties we welcome the exercise and ereignty of the United States and subject to press themselves on what their future recognize the right of our 4 million fel- the provisions of the Constitution of the should be. low Americans in Puerto Rico to ex- United States and other Federal laws appli- So my congratulations to everyone press themselves to us and that we will cable to Puerto Rico; for moving this resolution forward. I review any such communication that Whereas the Senate supports and recog- hope the day will come when I am still results from the vote that they hold in nizes the rights of United States citizens re- siding in Puerto Rico to express their views in the Senate that we can vote on December. It is the least we can do to regarding their future political status; and statehood for Puerto Rico. be true to our principles. Whereas the political status of Puerto Rico Mr. TORRICELLI addressed the I thank the Chair and I yield the can be determined only by the Congress of Chair. floor. the United States: Now, therefore, be it S10508 CONGRESSIONAL RECORD — SENATE September 17, 1998 Resolved, 7805 of the Internal Revenue Code of The retirement savings of hundreds SECTION 1. SENSE OF THE SENATE REGARDING A 1986, as amended, which have not been of thousands of elderly Americans are REFERENDUM ON THE FUTURE PO- revoked by a court or by the IRS have, at risk in bankruptcy proceedings. In LITICAL STATUS OF PUERTO RICO. It is the sense of the Senate that— in many instances, been held by the 1997, an estimated 280,000 Americans (1) the Senate supports and recognizes the bankruptcy courts not to be qualified age 50 and older filed bankruptcy. Al- right of United States citizens residing in plans. This holding allows the trustee most one in five bankruptcy cases in- Puerto Rico to express democratically their for the bankruptcy estate to seize the volve one or both petitioners who are views regarding their future political status interest of the bankrupt participant in 50 or older. This amendment has the through a referendum or other public reform, the plan. full support of the AARP, which has and to communicate those views to the Similarly, if a retirement plan that stated that: President and Congress; and is not eligible to receive a favorable de- The accumulation and preservation of re- (2) the Federal Government should review termination letter but has in all other any such communication. tirement funds represents an important na- respects operated under the ERISA tional goal. Mr. MURKOWSKI. I thank the Chair. provisions and has not had its status I move to reconsider the vote and lay revoked by a court or by the IRS, such I could not agree more. With this na- that motion on the table. a plan has been found by the bank- tional goal in mind, I urge my col- The motion to lay on the table was ruptcy court not to be a qualified plan. leagues to support this amendment. agreed to. This amendment addresses this prob- Mr. President, I ask for the yeas and f lem by providing, 1, that if a plan has nays. received a favorable determination let- CONSUMER BANKRUPTCY REFORM The PRESIDING OFFICER. Is there a ter that is in effect, the plan is pre- ACT OF 1998 sufficient second? sumed to be exempt from the bank- The PRESIDING OFFICER. The ruptcy estate; and, 2, if a plan is not el- There is a sufficient second. clerk will report the pending business. igible for a determination letter, the The assistant legislative clerk read The yeas and nays were ordered. plan may be exempt from the bank- as follows: The PRESIDING OFFICER. The Sen- ruptcy estate if there has been no prior ator from Colorado? A bill (S. 1301) to amend title II, United determination by a court or the IRS to States Code, to provide for consumer bank- the contrary and the plan is in substan- Mr. DURBIN. Mr. President, let me ruptcy protection, and for other purposes. tial compliance with the applicable re- say I am happy to support this amend- The Senate resumed consideration of quirements of the Internal Revenue ment. I am happy to be a cosponsor the bill. Code of 1986, as amended. with my friend from Utah, Senator AMENDMENT NO. 3600 TO AMENDMENT NO. 3559 Further, Mr. President, under HATCH. I had prepared an amendment (Purpose: To provide for protection of present law, if there is a direct transfer on this subject and I am happy to join retirement savings) of an individual’s retirement funds by him in making this a bipartisan effort. Mr. HATCH. Mr. President, I send an the trustee of a plan exempt from the I will not take any time because I amendment to the desk and ask for its bankruptcy estate to the trustee of an- know a number of Members have to re- immediate consideration. other retirement plan that is exempt turn to their families this evening, but The PRESIDING OFFICER. Without from the bankruptcy estate, there is a I concur with him, with the increased objection, the pending amendment is question as to whether these retire- number of Americans over the age of 50 set aside. The clerk will report. ment funds are exempt while in tran- filing for bankruptcy, this is a problem The assistant legislative clerk read sit. It is possible that a bankruptcy which we should address and address as follows: court may hold that such funds are in directly. It is not only to the benefit of The Senator from Utah [Mr. HATCH], for a ‘‘pay status’’ and thus subject to at- senior citizens who are saving for their himself, Mr. GRAHAM, Mr. DURBIN, and Mr. tachment by the bankruptcy trustee. If own retirement, it is certainly to the GRASSLEY, proposes an amendment num- there is a distribution of a plan’s assets benefit of their families who are con- bered 3600 to amendment No. 3559. to a distributee and the latter within cerned that they be allowed to live in Mr. HATCH. Mr. President, I ask 60 days transfers them to another independence and security in their re- unanimous consent that reading of the qualified plan, ERISA rules do not tirement years. We have traditionally amendment be dispensed with. treat that as a distribution. given special consideration to 401(k) The PRESIDING OFFICER. Without There is some question whether these plans. This amendment will extend objection, it is so ordered. funds in transit are protected from the that consideration to IRAs and other The amendment is as follows: bankruptcy estate. If a participant is vehicles that allow people to put sav- [The amendment was not available in bankruptcy when either of these ings away for their future retirement. for printing. It will appear in a future types of transit occur, the bankruptcy edition of the RECORD.] trustee may be authorized by the bank- I am happy to support this and I am Mr. HATCH. Mr. President, I am ruptcy court to seize the funds. The re- happy to say that the amendment pleased to offer this amendment co- sult would be to severely reduce or which I offered, and I am sure this one sponsored by Senator CHARLES GRASS- wipe out the participant’s retirement as well, had the support of the Amer- LEY of Iowa on our side and Senator funds. This is contrary to sound public ican Association of Retired Persons BOB GRAHAM of Florida and Senator policy. and virtually every major senior citi- DICK DURBIN on the Democrat side, all The proposed amendment provides zens group in the country. of whom I would like to thank for their that a direct transfer of retirement I yield the floor. hard work on this important matter. funds from one qualified retirement Mr. LEAHY addressed the Chair. The Hatch-Graham-Grassley-Durbin plan to another shall be exempt from pension amendment, among other the bankruptcy estate. In addition, it The PRESIDING OFFICER (Mr. things, is designed to do the following: provides that eligible ‘‘rollover’’ funds HUTCHINSON). The Senator from Ver- Provide a uniform exemption for all from a qualified retirement plan shall mont. types of tax-favored qualified pension be exempt from the estate if rolled Mr. LEAHY. Mr. President, when the plan assets in bankruptcy including over to another qualified plan within distinguished Senator from Illinois Roth IRAs whose status under current the allowed 60 days of the initial dis- first talked about this amendment, I bankruptcy law is uncertain, protect tribution. was telling him I thought he had a win- retirement assets that are in the proc- Finally, on the issue of qualified plan ner on his hands. I could not imagine ess of being rolled over into a new loans, the amendment provides that anybody opposing it. I was delighted to qualified plan, and protect loans from qualified plan loans outstanding when see the distinguished senior Senator pension funds in bankruptcy. the participant is in bankruptcy are from Utah has also adopted the same Under present law, retirement plans not dischargeable, and that payroll de- idea of the Senator from Illinois. I which have received a determination ductions used to repay plan loans are think it is an excellent piece of legisla- letter from the IRS pursuant to section not stayed by the court. tion. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10509 I suspect it will pass unanimously. I ment No. 3595, previously agreed to, be descriptions of this procedure. Maybe realize that is one of the reasons why it modified with the change that I now they have even watched us debate this is brought up as a bed-check vote at 8 send to the desk. issue on prior occasions. So I am not o’clock at night tonight, because ev- The PRESIDING OFFICER. Without going to go through the details of the eryone knows the Senator from Illinois objection, it is so ordered. procedure. I will only say that, at a has a good idea and the Senator from The modification follows: minimum, it is cruel and inhumane. I Utah has a good idea. Those are the Strike pages 33 through 42. find it ironic that our Constitution, via kind that we use for bed-check votes. AMENDMENT NO. 3595 the eighth amendment, protects crimi- I should tell the American people, Mr. GRASSLEY. Mr. President, I ask nals from cruel and unusual punish- though, notwithstanding that, it is a unanimous consent that amendment ment; however, that same amendment very valuable piece of legislation and I No. 3595 be agreed to and the motion to does not protect innocent babies when am delighted to see it and I am going reconsider be laid upon the table. it comes to cruel and inhumane proce- to be very happy to vote for it. The PRESIDING OFFICER. Without dures that are known as partial-birth The PRESIDING OFFICER. The objection, it is so ordered. abortions. question is on agreeing to the amend- The amendment (No. 3595) was agreed Proponents of partial-birth abortion ment. to. claim that the procedure is rare, occur- The yeas and nays have been ordered. The PRESIDING OFFICER. The Sen- ring only about 500 times a year. How- The clerk will call the roll. ator from New Mexico. ever, that is simply not true. The num- The legislative clerk called the roll. ber of partial-birth abortions is closer Mr. NICKLES. I announce that the f to between 3,000 and 5,000 a year. In Senator from Indiana (Mr. COATS), the PARTIAL-BIRTH ABORTION BAN New Jersey alone, at least 1,500 proce- Senator from Wyoming (Mr. ENZI), the ACT OF 1997—VETO dures are done each year. Besides being Senator from North Carolina (Mr. inhumane and quite prevalent, partial- HELMS), the Senator from Alabama Mr. DOMENICI. Mr. President, I rise birth abortion is also unnecessary. (Mr. SESSIONS), and the Senator from to speak in support of the overriding of Opponents of this legislation argue Alabama (Mr. SHELBY) are necessarily the President’s veto on partial-birth that partial-birth abortion is necessary absent. abortion. Before I give my comments to protect the health of the mother. Mr. FORD. I announce that the Sen- and observations, I want to look across However, most experts say this is also ator from South Carolina (Mr. HOL- the Senate to the freshman Senator simply not true. According to more LINGS), the Senator from Hawaii (Mr. from Pennsylvania, RICK SANTORUM. I than 500 doctors nationwide, who make INOUYE), the Senator from Massachu- want to say to him that when he spoke up what is called the Physicians’ Ad setts (Mr. KENNEDY), the Senator from on this issue today, and when he spoke Hoc Coalition for Truth, it is never—I Massachusetts (Mr. KERRY), the Sen- on this issue the last time we debated repeat never—medically necessary to ator from Michigan (Mr. LEVIN), and it here, I was never more proud of a perform a partial-birth abortion to pro- the Senator from New York (Mr. MOY- Senator than I was to observe him and tect the health or fertility of the moth- NIHAN) are necessarily absent. watch him. I can assure him that even er. A former Surgeon General, who we I further announce that, if present though he may not have won the last admire and respect when he sort of and voting, the Senator from New York time in terms of what we are doing in agrees with our views but we ignore (Mr. MOYNIHAN) would vote ‘‘aye.’’ a veto override, and he may not win him when he disagrees, Surgeon Gen- The result was announced—yeas 89, this time, there are millions of Ameri- eral Everett Koop, has also stated that nays 0, as follows: cans who have watched him. Whether partial-birth abortion is never medi- [Rollcall Vote No. 276 Leg.] they were concerned about this issue or cally necessary to protect the mother’s YEAS—89 not, if they watched for a while, they health or fertility. So amidst all this Abraham Durbin Lugar are concerned right now. You can’t ask evidence, how can the opponents of this Akaka Faircloth Mack for anything more. bill tell the American people that par- Allard Feingold McCain I read the Senator’s wife’s book with tial-birth abortion is sometimes medi- Ashcroft Feinstein McConnell reference to the problems they had Baucus Ford Mikulski cally necessary? Bennett Frist Moseley-Braun with reference to an abortion they had If this procedure is not medically Biden Glenn Murkowski no control over, an early delivery of a necessary, why do we allow it? As I Bingaman Gorton Murray child that died. I am so proud, I can Bond Graham Nickles told you, Mr. President, this debate is Boxer Gramm Reed hardly express it tonight. not about Roe v. Wade or the choice of Breaux Grams Reid I want to once more congratulate life. It is not about any of those things. Brownback Grassley Robb him for what he has done here on the But it is about a baby, a life that is de- Bryan Gregg Roberts floor of the Senate. It is not easy, but Bumpers Hagel Rockefeller stroyed in a cruel and inhumane way. Burns Harkin Roth he did it with great, great style. It is about a life that is unnecessarily Byrd Hatch Santorum Mr. President, this debate is about destroyed and need not happen. It is for Campbell Hutchinson Sarbanes infanticide. Frankly, I didn’t dream Chafee Hutchison Smith (NH) these reasons that I will gladly vote to Cleland Inhofe Smith (OR) that concept up. There is a very distin- override the President’s veto of the Cochran Jeffords Snowe guished Senator from the State of New Partial-Birth Abortion Ban Act of 1997. Collins Johnson Specter York—I know Senator D’AMATO from I suggest tonight to my good friend, Conrad Kempthorne Stevens New York is here and I think he would Coverdell Kerrey Thomas the leader of this cause, that if at first Craig Kohl Thompson concur when I say a distinguished Sen- you don’t succeed, try, try again. If in- D’Amato Kyl Thurmond ator named Senator MOYNIHAN—who deed that means that you have already Daschle Landrieu Torricelli looked at this problem and it didn’t DeWine Lautenberg Warner tried three times, then try and try Dodd Leahy Wellstone take him very long. We talk all around again. What is so patently right will Domenici Lieberman Wyden it. He talked right to it when he said soon prevail. Dorgan Lott this is infanticide. I yield the floor. NOT VOTING—11 So this debate is about humanity and Mr. D’AMATO addressed the Chair. Coats Inouye Moynihan necessity. The procedure of partial- The PRESIDING OFFICER (Mr. Enzi Kennedy Sessions birth abortion, to put it bluntly, is in- DEWINE). The Senator from New York Helms Kerry Shelby humane. is recognized. Hollings Levin By now, many Americans are uncom- Mr. D’AMATO. Mr. President, I asso- The amendment (No. 3600) was agreed fortably aware of the details of partial- ciate myself with the remarks made by to. birth abortion. They have heard the my distinguished friend and colleague, MODIFICATION OF AMENDMENT NO. 3595, AS testimony of doctors who performed the great senior Senator from New MODIFIED this procedure, nurses who witnessed Mexico, Senator DOMENICI. He touched Mr. SANTORUM. Mr. President, I this procedure, and they have most on the eloquence and passion and the ask unanimous consent that amend- likely seen informational ads or read rightness and the moral certainty of S10510 CONGRESSIONAL RECORD — SENATE September 17, 1998

Senator SANTORUM’s very cogent argu- PARTIAL-BIRTH ABORTION BAN weaker, I can think of none in the ment and presentation. This entire ACT OF 1997—VETO human family more defenseless, than subject, I believe, is uncomfortable for Mr. HUTCHINSON. Mr. President, I those who are but inches from enjoying all of us. But it is so necessary. Sen- rise in support of the ban on the par- life. ator DOMENICI spoke about the great tial-birth abortion procedure and in In fact, in March of last year, my senior Senator from New York, and I support of the vote to override the home State of Arkansas joined a num- say that because I have great admira- President’s veto. It is inexplicable to ber of other States in banning such a tion and respect for the senior Senator me why that veto occurred, and I think procedure when the State legislature from New York, who is fearless and it is unfortunate and tragic. We have passed and the government signed our courageous in saying that this was in- an opportunity tomorrow to right that partial-birth abortion ban in the State of Arkansas. fanticide. That is what this is—the wrong. I join my distinguished col- This procedure is a barbaric, uncivi- killing of a youngster, which is abso- leagues in praising Senator SANTORUM, lized procedure, shockingly close to in- lutely unnecessary, when the AMA, the the distinguished Senator from Penn- fanticide, as has been so frequently ob- American Medical Association, has sylvania, who has so eloquently put come out and said there is no reason served on the floor of the Senate today. forth the case for banning this proce- It is so close to infanticide that, in for this procedure. What are we talking dure and appealing to our consciences fact, no civilized country, no compas- about when we move down this line and as Americans, as human beings, and as sionate people, should allow it. Any say that anyone can do anything, even civilized people to end the condoning of woman knows that the first step of where we have a life, a new and inno- this procedure in this country. partial-birth abortion—breach deliv- cent life? I think, as I listened to the Senator ery—is something to avoid, not some- And so, Mr. President, I, too, say to from Pennsylvania this afternoon, and thing to intentionally cause. my colleague and friend from Pennsyl- as I recall the previous debates on this During the last debate that we had vania, we thank you for having the issue, I was moved, as I know millions on this subject, I quoted Jean Wright, moral certainty and courage of not giv- of Americans were moved, as we lis- associate professor of pediatrics and ing up and fighting to preserve the op- tened to not only the logic but the anesthesia at Emory University. It is a portunity for those lives that have moral persuasiveness of the need to quote that I think deserves being said really come into being, to be what they ban this procedure. I think this again during this debate. She was testi- can be and what they should be. When evening, as I say those laudatory words fying against the argument that we talk about preserving the sanctity about my colleague from Pennsylvania, fetuses who are candidates for partial- of life, there is no greater fight, no it is appropriate that we say also that birth abortion do not feel pain during greater cause. there are many in the other Chamber, the procedure. She testified that the I yield the floor. the House of Representatives, who have fetus is sensitive to pain, perhaps even Mr. DOMENICI addressed the Chair. fought this battle over and over to en- more sensitive—more sensitive—than a The PRESIDING OFFICER. The Sen- sure that that veto was overridden in full-term infant. She added, and this is ator from New Mexico is recognized. the House of Representatives. the part that is especially striking, and Mr. DOMENICI. Mr. President, I say I think of my friend from Florida, I quote her words as she testified: to Senator SANTORUM, for all you have CHARLES CANADY, who is the chairman ‘‘This procedure, if it was done on an gone through and all the courage that of the Constitution Subcommittee in animal in my institution, would not it has taken for you to do what you the House of Representatives, who has make it through the institutional re- have done, I hope that tonight, by stay- so eloquently and so forcefully argued view process.’’ And then she said, ‘‘The ing here a few minutes with you—and for this legislation and carried this animal would be more protected than there is nobody else on the floor but crusade across this country. this child is.’’ us—you understand that we are very I think of the distinguished chairman How tragic that we allow that situa- appreciative of your leadership and we of the House Judiciary Committee, who tion to exist where, in an institution of are with you. We are going to vote with has come under such unfair and scath- higher learning in this country, ani- you, and we are going to vote with you ing attack in recent days and yet who mals have greater protections than do again, until it finally prevails. I thank has been, I think, the most eloquent unborn children. the Senator. and passionate voice for the unborn So I am glad this evening very briefly Mr. SANTORUM addressed the Chair. that modern America has seen. to rise in support of the Senator from The PRESIDING OFFICER. The Sen- I rise in defense of him and in sup- Pennsylvania, to rise in support of this ator from Pennsylvania is recognized. port of Congressman HYDE this evening override of the President’s veto. As has Mr. SANTORUM. Mr. President, I and appreciation for all that he has been said, this is not about choice nor thank the Senator from New Mexico done for the cause of the unborn. On compulsion, it is about inhumane dis- and the Senator from New York for more than one occasion, as I served in posal of unwanted babies. their overly gracious comments. They the House of Representatives, I saw This legislation does not prevent a have been in this Chamber a lot longer minds change and hearts change under woman from receiving medical care or than I and have been fighting many the persuasiveness of his oratory. reproductive care. It does not overturn Roe v. Wade. It simply ends an unnatu- noble causes, including the cause of It is my hope that even as we look at ral and unhealthy practice that results life. They have served as tremendous this very important vote in the morn- in the loss of human life. We must help models for me in this effort. I thank ing, that, yes, there will be those in the helpless, we must defend the de- them for their terrific heartfelt sup- this body who will look deep within fenseless, and we must give voice to port on this issue and other issues per- their soul, who evaluate their own con- science, and examine their own hearts, the voiceless. taining to life. I commend the Senator from Penn- and that we might even yet see those f sylvania and my colleague from Ohio, two or three votes necessary to change MORNING BUSINESS who will speak soon, for giving voice to in order to see this veto overridden. the voiceless, for standing up and de- It is often suggested in this debate Mr. SANTORUM. Mr. President, I fending the defenseless, and for helping that government should stay out of the ask unanimous consent that there now the most helpless and most innocent in be a period for the transaction of morn- abortion issue. But if the protection of our society, the unborn. ing business, with Senators permitted innocent lives is not government’s Mr. President, I yield the floor. to speak therein for up to 10 minutes duty, then I ask, What is government’s Mr. SANTORUM addressed the Chair. each. duty? Thomas Jefferson once wrote, The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without ‘‘The care of human life—not its de- ator from Pennsylvania. objection, it is so ordered. struction, is the first and only legiti- Mr. SANTORUM. Mr. President, I Mr. HUTCHINSON addressed the mate objective of good government. want to speak for a couple of minutes. Chair. Legislative efforts to protect the weak I know the Senator from Ohio, the Pre- The PRESIDING OFFICER. The Sen- and defenseless are right and should be siding Officer, will be coming down and ator from Arkansas is recognized. pursued.’’ I can think of none who are speaking. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10511 I want to point out one thing. Sev- I don’t know how more clear you can one judges a country by what it is for eral comments have been made on the be. I will have more to say. but also you judge a country by what it other side about the life-of-the-mother I will yield the floor so the Senator is against. We judge a country by what exception in the bill. I just want to from Ohio, who is one of the great it tolerates. We tolerate too much in read it. There is some concern that champions of pro-life in this country, this country. We tolerate a lot in this there is no life-of-the-mother exception someone who is outspoken not just Nation. But at some point we simply in the bill. Let me assure everyone in here on the Senate floor but around the have to draw the line. We have to stop this Chamber and everyone within the country, and he has lived by example hiding behind the phrase, ‘‘Oh, I really sound of my voice that there is a clear as well as by his speeches. I yield to don’t like this but it’s someone else’s life-of-the-mother exception that gives the Senator from Ohio, Senator private matter and I don’t want to physicians the right to make those DEWINE. interfere. We will put up with it. It’s critical medical decisions that unfortu- Mr. DEWINE Addressed the Chair. not my business.’’ nately may occur that would neces- The PRESIDING OFFICER (Mr. We have to stop hiding behind that. sitate the killing of a baby in a crisis HUTCHINSON). The Senator from Ohio. In a country that is based on respect situation that is in the process of being Mr. DEWINE. Mr. President, first, let for freedom, this is, of course, a very delivered. me congratulate my colleague and important principle. But it does have If you do not believe me, let me read friend from Pennsylvania. limits, limits that are based on the from a letter that was written during Senator DOMENICI said it very, very same respect for human rights that is the debate last year by the American well: Keep trying and keep trying, and the very foundation for freedom itself. Medical Association that endorsed this eventually we will succeed, because I Why, after all, is the argument based bill. I will read the pertinent language believe what we are trying to do is on personal freedom so powerful in our with respect to the life-of-the-mother right. The vast majority of the Amer- political debates? It is because we all exception. ican people agree with us. We will suc- have in our hearts the immortal words Our support of this legislation is based on ceed. of Thomas Jefferson, the words that we three specific principles. First, the bill would I congratulate Senator SANTORUM, hold these truths to be self-evident, allow a legitimate exception where the life my friend from Pennsylvania, who has that we have the inalienable right to of the mother was endangered, thereby pre- fought so hard, who has argued so elo- life, liberty and the pursuit of happi- serving the physician’s judgment to take any quently on this floor. ness. This is our profound moral con- medically necessary steps to save the life of I would also like to associate myself viction. the mother. with the Senator from New York, the But what does it say about our moral This is a group of physicians who in Senator from New Mexico, and the Sen- convictions when we continue to allow the previous paragraph said: ator from Arkansas, who just in the in this country this barbaric practice? Although our general policy is to oppose last few minutes so eloquently argued What does it say about us as a people? legislation criminalizing medical practice or in favor of our override of this veto to- Does allowing this practice bespeak a procedure, the AMA has supported such leg- morrow morning. commitment to the sanctity of human islation where the procedure was narrowly Mr. President, I think it is truly re- life, of a human person? No, if we do defined and not medically indicated. grettable that we still have to debate not say at some point that our toler- So while they have reticence, and this after so many years. ance draws the line on a practice so had reticence, about supporting any We are talking about a procedure brutal and so inhumane, we run the se- kind of a ban on the procedure, one of that is morally wrong. The facts are vere risk of eroding this moral founda- the things that made them comfortable really not at issue. No one denies this tion that really lies at the base of all about supporting this particular piece procedure is designed to kill, to kill a our other freedoms. A country that al- of legislation was the language having living, partially delivered baby, a baby lows this barbaric procedure to be in- to do with the life-of-the-mother excep- that is usually 5 to 6 months old, 5 to flicted on innocent human lives is a tion. They felt it gave physicians suffi- 6 months in gestation. country that cannot be trusted when it cient room to be able to make that call No one denies that only a few inches proclaims a respect for other freedoms. if in fact someone was in a life-threat- separate this barbaric practice from What freedom will such a country not ening situation and a baby would have outright murder. Partial-birth abor- discard in the name of mere conven- to be killed in the process of saving the tion is perhaps the only legal procedure ience? mother’s life, if so determined by the where live birth and death become vir- For me, the decision is clear. This is doctor. We have provided that. tually simultaneous. where we draw the line. Now is the I think it is very unfortunate that The vote we will cast tomorrow time that we draw it. We must ban this Members on the other side have raised morning will be a clear moral decision uncivilized, this barbaric, this immoral this red herring that has no basis in about life and about death. It is a deci- procedure, and we must do it tomorrow fact—no basis in the legal language. sion really about who we are as a peo- morning. I don’t want to go any further. I will ple, our moral identity as a people. Many people agree that this proce- come back and read the exact language Banning this procedure represents the dure is closer to infanticide than it is in the bill for anyone who has a ques- moral consensus of the American peo- to abortion. One of the reasons banning tion. ple by an overwhelming margin. this procedure has been supported by It is a very clear life-of-the-mother Dr. LeRoy Sprang and Mark Neerhof doctors, including the American Medi- exception that gives plenty of leeway stated in the Journal of the American cal Association, the Physicians’ Ad for the physician to be able to take Medical Association: Hoc Coalition for Truth, and even by whatever action is necessary to save Partial-birth abortion should not be per- otherwise pro-choice individuals, in- the mother. And to perpetrate that formed because it is needlessly risky, inhu- cluding even some abortionists, is be- hoax on Members of Congress and those mane and ethically unacceptable. cause it is a procedure that is never a who might be listening who might not Mr. President, I strongly agree with medical necessity. It is never a medical have the bill in front of them is really, this characterization, as do the Amer- necessity. The evidence is overwhelm- I should add, another lie to the lies ican people. It is no secret that Amer- ing. It is done for sheer convenience. that I enumerated earlier, the six lies. ica has been experiencing a moral cri- The American College of Obstetri- Now I have to add a seventh—that sis, and we have reached a crossroads. cians and Gynecologists, while it does there is somehow no life-of-the-mother The questions which I asked on this not support this bill, could neverthe- exception in the bill when the very or- floor just about a year ago, I guess, less not identify any circumstances in ganization whose physicians are going about partial-birth abortion really re- which this procedure would be the only to be practicing says there is a legiti- main unanswered. These questions are option to save the life or preserve the mate exception, thereby preserving the more profound than ever. What does health of a mother. physician’s judgment to take any our toleration for this immoral prac- Most people in America oppose this medically necessary steps to save the tice say for us as a country? What does procedure. And they oppose it for the life of the mother. it say about us as a people? I believe simple reason they know what it is. S10512 CONGRESSIONAL RECORD — SENATE September 17, 1998 For those who do not or who need to be about that as well. This is simply not No, that is not the moral attitude of reminded of what it is, let me again de- true. Dr. Martin Haskell, the man who the America that I want to believe in scribe it. And I know this is a proce- invented this procedure, said that 80 or that I do believe in. That is the dure that has been described on this percent of the abortions he performs moral attitude of another civilization, floor many, many times, but it goes to are elective —80 percent. This is the one that arose in this vicious century the heart of this debate. abortionist. This is the man who in- only to vanish from the face of the Partial-birth abortion involves the vented this procedure. He said 80 per- planet by the force of American arms partial delivery of a baby by its feet. cent of the ones he performed are elec- and, more important, American values. The head is left inside the mother’s tive. It is in our power to say no to this womb. The head remains in the uterus A survey which asks women who had throwback to the days of the Nazis, to while the abortionist kills the baby by late-term abortions why they waited say no to the selection of the fittest, to stabbing scissors into the base of the found that 71 percent did not know say no to infanticide. That is what we child’s head, suctioning out the baby’s they were pregnant or misjudged the are about today on the floor of the Sen- brain with a small tube, then complet- age of the baby. This procedure is being ate. That is what we will be about to- ing the delivery of a now dead child. In performed for convenience, pure and morrow morning when we cast our this barbaric procedure, Mr. President, simple. vote. We have also been told the procedure the abortionist does not even admin- I would like to note briefly that a is appropriate because the baby is not ister an anesthesia to the fetus. number of State statutes have sought viable anyway. But even this is cer- A moment ago, the Senator from Ar- to ban these partial-birth abortions. tainly not always true. Many times it kansas pointed out that dogs are treat- Some States have had success and oth- ed better than this. The dogs that are is not true. Research in a recent article in the New England Journal of Medi- ers have not. Many of those statutes used in medical research are required which have been struck down, however, to be given pain management therapy cine found 56 percent of babies are via- ble outside their mother’s womb at 24 are very distinguishable from this leg- under Federal standards. The treat- weeks. At 25 weeks, 79 percent of them islation. I would like to talk about this ment of these human fetuses that we are viable. constitutional aspect of this bill, be- are talking about would not even meet I am sure many of my colleagues cause the issue has been raised time the bare minimum Federal standards have had the same experience that I and time again on the floor of the Sen- for dogs used in medical research. have when we have gone home to our ate. So let me turn to an examination Knowing that, why then have we not home States, visited neonatal inten- of the bill, based on our Constitution, banned this procedure? Why are we sive care units at children’s hospitals based on Roe v. Wade and Casey and still here debating again what should or other hospitals, and we have seen 22- the other Supreme Court decisions. be self-evident, that this practice is a week-old children, 23-week-old children First, let me say of the cases, of the crime against our common humanity? that have been born prematurely who statutes that have been struck down, The answer, I am afraid, is very sim- are fighting for life. Many of them do, the proposed statute that is before us ple. My friend from Pennsylvania spent in fact, make it. We have seen that is clearly distinguishable. For example, a good amount of time in this Chamber with our own eyes. We have all talked the first law to ban the partial-birth outlining the reason. The case support- with doctors who are frantically try- abortion procedure was enacted in my ing this procedure is built on misin- ing, working so hard every day to save home State of Ohio. Unfortunately, formation. It is built on lies, and they them, and many can be saved. this law was recently struck down as are intended to poison the public de- Unfortunately, the President of the vague, as overbroad, particularly as it bate and obscure the truth. That is the United States, in vetoing this legisla- banned more than just partial-birth fact. tion, as in his veto of the previous leg- abortion. But the bill we are voting on In the beginning of the partial-birth islation, has justified his position pre- today has, frankly, none of these prob- abortion controversy, many people cisely on these types of falsehoods. In lems. were misled to believe that this proce- fact, if you look at his veto message Partial-birth abortion bans are fully dure was rare. We were told it was rare. last time, what you find is all these in effect in seven States of the Union. Now, today, we know that simply is facts that are outlined there, that he Several State and district courts have not true. Almost everyone is aware by says are facts, are simply not true. The enjoined State statutes attempting to now that Ron Fitzsimmons, executive President, tragically, is wrong. While ban partial-birth abortion. However, no director of the National Coalition of it is true that everyone is entitled to appellate court has ruled on the con- Providers, admitted that he lied. He his or her own opinion, none of us is en- stitutionality of any of these laws. said, ‘‘I lied through my teeth’’—when titled to our own facts. And the facts Unfortunately, in the decisions that I he said partial-birth abortions were clearly indicate that what the Presi- have reviewed, none squarely confront performed rarely and only in extreme dent put down in his veto message is the constitutional issue that this Fed- medical circumstances. He admitted wrong. eral bill presents; namely, the con- later after the debate that that was a The falsehoods spread by defenders of stitutionality of forbidding the killing lie. partial-birth abortion are, frankly, of- of a partially born child. Because that In the interest of medical accuracy, fensive. But even more offensive than is what this legislation is truly about, let me emphasize and be specific about some of these lies is when the pro- what the issue is, is the constitutional- how Mr. Fitzsimmons lied. He lied ponents of partial-birth abortion tell ity of forbidding the killing of a par- plainly and, in his own words, he ‘‘lied the truth. For example, when they say tially born child. through his teeth.’’ We were misled the partial-birth abortion procedure is Roe v. Wade explicitly avoided decid- again when we were told that this pro- needed in order to get rid of ‘‘defec- ing that issue, so it cannot be cited and cedure was the only late-term abortion tive’’ infants. The late Dr. James should not be cited as an argument procedure that could be used in certain McMahon, who had performed thou- against this piece of legislation. Roe v. instances to save the life of the moth- sands of these partial-birth abortions, Wade explicitly avoided deciding that er. Again, that is not true. It is simply said he performed some of these abor- issue, which was actually part of the not true. This procedure is not medi- tions because the baby had a cleft lip. Texas law in question in that case, a cally necessary. It is not medically in- That is right, a cleft lip. Maybe it is law that prohibited ‘‘killing a child in dicated ever, nor is it the only option time to rewrite our sacred documents the process of delivery.’’ In fact, Texas available. That is not based on what to say, ‘‘We hold these truths to be case law is consistent with both Louisi- MIKE DEWINE says or what RICK self-evident, that most of us are en- ana and California law. An early Cali- SANTORUM says. That is based on the dowed with inalienable rights, the fornia court aptly said: American Medical Association. right to life, liberty and the pursuit of It should equally be held that a viable Mr. President, we were told yet an- happiness, but people with cleft lips or child in the process of being born is a human other falsehood—lie. We were told that other problems, other ‘‘defectives,’’ are being within the meaning of the homicide this procedure was to preserve the to be the victims of a painful and bar- statutes, whether or not the process has been health of the mother. We were misled baric murder.’’ fully completed. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10513 While many of the State court deci- likes to say in defending these power- ity Leader and the distinguished chair- sions have relied on Planned Parent- less humans, we are ‘‘loving those who man of the Commerce Committee to hood v. Casey, that case does not reach can’t love us back.’’ I think he is abso- explain how we plan to proceed with re- the question of the constitutionality of lutely right. spect to reform of the copyright com- forbidding the killing of a partially de- I will add the phrase, ‘‘those who pulsory license governing the retrans- livered baby either. However, under the can’t love back’’ includes not just mission of broadcast television signals Casey analysis, an abortion restriction fetuses in the womb, but also the fu- by satellite carriers. Let me thank is unconstitutional only, only if it cre- ture generations who will live in this them for their interest in these impor- ates an ‘‘undue burden,’’ on the legal country and the moral climate we are tant issues and their cooperation in right to abortion. Banning a single choosing to build for them. this process. The Majority Leader has dangerous procedure such as we are The vote we cast tomorrow morning been particularly helpful in facilitating doing in this case, when there are other will help determine, Mr. President, a process allowing for a joint reform alternatives available—which is true— that moral climate. Banning partial- package from our two committees. should not constitute a burden under birth abortion is the just, it is the Mr. President, the Judiciary Com- this Casey analysis. right thing to do, and we should do it mittee has been working on these Doctors, those who are for, as well as now. issues for more than 2 years. We have those, some of whom are against this Mr. President, I thank the Chair and always recognized that some of the re- legislation—agree that partial-birth yield the floor. forms we need to undertake in relation abortion is never medically necessary Mr. SANTORUM addressed the Chair. to the compulsory copyright license to protect a mother’s health or future The PRESIDING OFFICER. The Sen- would require reforms in the commu- fertility, and is never the only option. ator from Pennsylvania. nications law which has traditionally Over 30 legal scholars who have looked Mr. SANTORUM. Mr. President, been dealt with in the Commerce Com- at this question agree that the United first, again, I thank the Senator from mittee. I am glad that we have been States Supreme Court is unlikely to in- Ohio for his excellent comments and able to work out a process whereby we terpret a postviability health excep- particularly his latter focus on the can move a bill to the floor that will be tion to require the Government to legal issues that were not brought up the joint work product, and thus using allow a procedure that gives zero earlier. I had not had the opportunity, the joint expertise, of both the Judici- weight to the life of a partially born and neither did anybody else, to focus ary and Commerce Committees. child and is itself a dangerous proce- attention on why this particular legis- We will proceed in the Judiciary dure. lation is, in fact, constitutional and Committee by working on a bill on the The bottom line is that there is no that should not be a reason to not vote subject that has already been referred substantive difference between a child for this legislation. An excellent job to the Judiciary Committee, S. 1720, in the process of being born and that done. which Senator LEAHY and I introduced same child if she is born. No difference, f earlier in this Congress. We will mark really, between a child that is in the up a Chairman’s mark substitute THE VERY BAD DEBT BOXSCORE process of being born and a child that amendment of that bill which will is born. A current illustration, I think, Mr. HELMS. Mr. President, at the cover the copyright amendments, in- is very helpful. This is a true story, one close of business yesterday, Wednes- cluding the granting and extension of that occurred in our minority leader’s day, September 16, 1998, the federal the local and distant signal licenses, home State, South Dakota. debt stood at $5,510,133,012,971.17 (Five respectively, as well as the copyright On January 5 of this year, Sarah trillion, five hundred ten billion, one rates for each of those licenses. Other Bartels was pregnant with twins. She hundred thirty-three million, twelve important reforms include eliminating was 23 weeks into her pregnancy. Doc- thousand, nine hundred seventy-one the current waiting period for cable tors were unable to delay the birth of dollars and seventeen cents). subscribers before getting satellite one of the twins, Sandra, who was born One year ago, September 16, 1997, the service, and postponing the date of the at 23 weeks old. Sandra weighed 1 federal debt stood at $5,391,866,000,000 enforcement of the so-called white area pound, 2 ounces—23 weeks. (Five trillion, three hundred ninety- rules for a brief period. As of today, a Mr. President, 88 days later Sandra’s one billion, eight hundred sixty-six large number of satellite subscribers sister Stephanie was born. Both chil- million). who have been found to be ineligible dren are alive and well today. Yet Five years ago, September 16, 1993, for distant network signals will be Stephanie was not a ‘‘legal person,’’ the federal debt stood at turned off in early October. Our bill and could have been the victim of a $4,388,882,000,000 (Four trillion, three will delay any such terminations to partial-birth abortion any time after hundred eighty-eight billion, eight allow subscribers and satellite carriers that 23-week period. hundred eighty-two million). to adopt other service packages, in- Stephanie’s life had zero worth until Ten years ago, September 16, 1988, cluding local service packages where she was completely born, though San- the federal debt stood at available, to work with local affiliates dra was alive and well outside the same $2,597,622,000,000 (Two trillion, five hun- to work out a coverage compromise, womb that held her sister. dred ninety-seven billion, six hundred and to allow the FCC to review the Mr. President, the delivery of 80 per- twenty-two million). rules governing the eligibility for the cent of a child—the child is almost all Fifteen years ago, September 16, 1983, reception of distant network signals. the way out—a living baby certainly the federal debt stood at The text of this Chairman’s mark will should have some value, some rights, $1,354,702,000,000 (One trillion, three be printed in the RECORD at the conclu- some respect under our law. There is hundred fifty-four billion, seven hun- sion of my remarks and is supported no moral justification for killing a dred two million) which reflects a debt and cosponsored by the chairman of live, partially delivered baby using a increase of more than $4 trillion— the Commerce Committee, Senator procedure that is neither medically $4,155,431,012,971.17 (Four trillion, one MCCAIN, as well as Senators LEAHY, necessary nor safer than childbirth. I hundred fifty-five billion, four hundred DEWINE, and KOHL. believe we must make it the national thirty-one million, twelve thousand, While the Judiciary Committee policy to prohibit the partial-birth nine hundred seventy-one dollars and works on these copyright reforms, our abortion procedure. seventeen cents) during the past 15 colleagues in the Commerce Commit- My friend, HENRY HYDE, who you years. tee will be working on related commu- quoted and cited a few moments ago, f nications amendments regarding such Mr. President, is one of the most elo- important areas such as the must- quent—the most eloquent really—de- SATELLITE COMPULSORY LICENSE carry and retransmission consent re- fenders of human rights in this country REFORM PROCESS AND S. 1720 quirements for satellite carriers upon today, one of the most eloquent defend- CHAIRMAN’S MARK which the copyright licenses will be ers of human rights, frankly, who has Mr. HATCH. Mr. President, I am glad conditioned, and the FCC’s distant sig- ever been in this country. Henry Hyde to stand with the distinguished Major- nal eligibility process. Chairman S10514 CONGRESSIONAL RECORD — SENATE September 17, 1998

MCCAIN will be introducing this legisla- fects only those subscribers who signed stations. In addition, Vermont stations tion today as well. up for service after March 11, 1997, but will be available over satellite to many It is our joint intention to combine most subscribers are being warned areas of Vermont that today are our respective work product as two ti- nonetheless by their signal providers unserved by satellite or by cable. tles of the same bill, S. 1720, in a way that they will soon lose several net- Vermonters now receive network sat- that will clearly delineate the work work channels they now receive. ellite signals with programming from product of each committee, but com- This huge policy glitch is intruding stations in other states. In other bine them into the seamless whole nec- right now into hundreds of thousands words, they may get a CBS station essary to make the licenses work for of homes. It is a royal mess, and Con- from another state but not WCAX, the consumers and the affected industries. gress and the FCC need to fix it. Burlington CBS affiliate. In conclusion, let me again thank the I introduced a bill in March of this Majority Leader for his interest in and year with Chairman HATCH so that we By allowing satellite providers to leadership with respect to these issues, could try to resolve this issue before it offer a wider variety of programming, and I thank the chairman of the Com- became a major problem. We have tried including local stations, the satellite merce Committee for his collegiality in the many months since then to push industry would be able to compete with and cooperation in this process. I look Congress toward a solution. Many cable, and the cable industry will be forward to working with them and with viewers have lost signals already. We competing with satellite carriers. our other colleagues on these impor- are trying to get these bills passed in Cable will continue to be a highly ef- tant issues. the next couple of weeks to restore fective competitor with its ability to I ask unanimous consent that the service and to keep other households offer extremely high-speed Internet text of the Chairman’s mark substitute for losing their satellite TV signals— connections to homes and businesses. for S. 1720 be printed in the RECORD. not just in Vermont but throughout The second major improvement of- There being no objection, the mate- the nation. fered through our legislation is that I am pleased that Chairman HATCH rial was ordered to be printed in the satellite carriers that offer local Ver- and I have worked out arrangements RECORD, as follows: mont channels in their mix of program- [The material was not available for with the Chairman of the Commerce ming will be able to reach Vermonters printing. It will appear in a future edi- Committee and other Senators active throughout our state. The system will tion of the RECORD.] on this issue, including Senators be based on regions called Designated DEWINE and KOHL, that significantly f Market Areas, or DMAs. Vermont has raise the prospects that Congress can BILL TO PREVENT CUTOFFS OF one large DMA covering most of the soon pass a bill to prevent the cutoff of SATELLITE TV SERVICE state—the Burlington-Plattsburg DMA, thousands of viewers this month and in and two smaller ones in southeastern Mr. LEAHY. Mr. President, I have October. We hope and we believe that Vermont—the Albany-Schenectady- heard from scores of Vermonters lately all Senators can support this approach. who are steaming mad after being told This legislation would keep signals Troy DMA includes Bennington Coun- by their home satellite signal providers available to Vermonters and subscrib- ty—and in southwestern Vermont, that they are about to lose some of ers in other states until the FCC has a where the Boston DMA includes their network satellite channels. They chance to address these issues by the Windham County. have every right to be upset. It is with- end of next February. Using current technology, signals in Congress’s ability to un-muddle this Our legislation will direct the FCC to would be provided by spot-beam sat- mess, and the public has every reason address this problem for the future, ellites using some 150 regional uplink to expect Congress to get its act to- and our proposal ultimately will sites throughout the nation to beam gether to do that, and to do that mean—as technology advances—that local signals up to two satellites. Those promptly. Vermonters will be able to receive sat- satellites would use 60 or so spotbeams While the hills and mountains of Ver- ellite TV for all Vermont full-power TV to send those local signals, received mont are a natural wonder, they can stations. Viewers in all states would be from the regional uplinks, back to sat- also be barriers to reception of clear similarly protected. This effort eventu- ellite dish owners. High-definition TV TV signals over-the-air with rooftop ally will promote head-to-head com- would be offered under this system at a antennas. At my home in Middlesex, petition between cable and satellite TV later date. This system is likely to Vermont, we can only get one channel providers. take two to three years to be put into clearly, and lots of ghosts on the other The goal is to provide satellite home full operation. In the meantime, an- channel we receive. We get so many viewers in Vermont and across the na- other company called EchoStar may ghosts on our family set that it looks tion with more choices and more chan- provide some local-into-local service in like Mark McGwire and Sammy Sosa nel selections, and at lower rates. The some parts of the country. are hitting four homeruns at a time. evidence is clear that in areas of the Under the bill that Senator HATCH That is why Vermonters have chosen country where there is full competition and I introduced in March, this satellite reception: They cannot get a between cable providers, rates to cus- spotbeam technology would mean that clear picture without it. tomers are considerably lower. The home owners with satellite dishes in I am gratified tonight that we are fi- same will be true when there is greater downtown Burlington, and in every nally in a position to announce an un- effective competition between cable county in Vermont except Windham derstanding that I hope will keep sat- providers and satellite signal providers. and Bennington, would receive all the ellite TV viewers from having to lose Over time, this effort will permit sat- full-power TV stations in the Bur- station signals this year. I am joining ellite TV providers to offer a full selec- lington-Plattsburg DMA, including with both the Chairman of the Judici- tion of local TV channels to viewers— PBS stations. Bennington residents ary Committee and the Chairman of even to those living in or near Bur- would receive the stations in the the Commerce Committee on two sepa- lington, Vermont, where local signals Schnectady-Albany-Troy DMA, and rate bills designed fix these problems. I are now blocked. am certain that most Senators will be Under current law, those families Windham County residents would re- pleased with this breakthrough, and I must get their local TV signals over an ceive Boston signals, since they are in hope we can pass this bill without ob- antenna which often does not provide a the Boston DMA. Over time these jection in the Senate. clear picture. These bills eventually counties could be blended into the Bur- Under a court order, thousands of will remove that legal limitation that lington-Plattsburg DMA. viewers—many of them living in my prohibits satellite carriers from offer- Since technology advances so quick- home state of Vermont—will be cut off ing local TV signals to viewers. ly, other systems could be developed from receiving satellite TV stations Over time, satellite carriers will have before this bill is fully implemented that they are paying to receive. We to follow the rules that cable providers that would provide similar service but have 65,000 home satellite dishes in have to follow which will mean that using different technology. And exist- Vermont. the court order directly af- they must carry all local Vermont TV ing systems would be accommodated September 17, 1998 CONGRESSIONAL RECORD — SENATE S10515 under our legislation, but those sys- and congressional staff must use 128-bit 401(c) of the National Emergencies Act, tems would follow rules similar to cur- encryption. If you use weaker 50 U.S.C. 1641(c), and section 505(c) of rent rules until conversion to this new encryption, a screen pops up to say the International Security and Devel- technology takes place. ‘‘you cannot have access to your ac- opment Cooperation Act of 1985, 22 It is time for this Congress to step up count information because your Web U.S.C. 2349aa–9(c). This report discusses to the plate and solve this policy night- browser does not have Secure Socket only matters concerning the national mare that is now at the door of count- Layer (SSL) and 128-bit encryption (the emergency with respect to Iran that less homes across the nation. Our con- strong U.S./Canada-only version).’’ was declared in Executive Order 12957 stituents rightly will not take ‘‘not Likewise, the Department of Edu- and does not deal with those relating now’’ as an acceptable answer. cation has set up a Web site that al- to the emergency declared on Novem- I commend Chairman HATCH and lows prospective students to apply for ber 14, 1979, in connection with the hos- Chairman MCCAIN for the leadership student financial aid online. Signifi- tage crisis. they have shown in solving this prob- cantly, the Education Department 1. On March 15, 1995, I issued Execu- lem, and I look forward to continue states that ‘‘[t]o achieve maximum tive Order 12957 (60 Fed. Reg. 14615, working closely with them and with protection we recommend you use 128- March 17, 1995) to declare a national other Senators as we move this solu- bit encryption.’’ emergency with respect to Iran pursu- tion toward, and eventually across, the These are just a couple examples of ant to IEEPA, and to prohibit the fi- goal line. government agencies or associated or- nancing, management, or supervision f ganizations directing or urging Ameri- by United States persons of the devel- cans to use 128-bit encryption. We opment of Iranian petroleum resources. ADMINISTRATION’S UPDATED should assume that people in other This action was in response to actions ENCRYPTION POLICY countries are getting the same direc- and policies of the Government of Iran, Mr. LEAHY. Mr. President, when the tions and recommendations. Unfortu- including support for international ter- Administration first announced the nately, while American companies can rorism, efforts to undermine the Mid- encryption policy that has been in ef- fill the demand for this strong dle East peace process, and the acquisi- fect for the past two years, I warned on encryption here, they will still not be tion of weapons of mass destruction October 1, 1996, that: permitted to sell this strength and the means to deliver them. A copy The general outline of the Administra- encryption abroad for use by people in of the Order was provided to the Speak- tion’s plan smacks of the government trying other countries. er of the House and the President of to control the marketplace for high-tech Nevertheless, the Administration’s the Senate by letter dated March 15, products. Only those companies that agree new encryption policy announced 1995. to turn over their business plans to the gov- Following the imposition of these re- ernment and show that they are developing today moves in the right direction to bolster the competitive edge of our Na- strictions with regard to the develop- key recovery systems, will be rewarded with ment of Iranian petroleum resources, permission to sell abroad products with DES tion’s high-tech companies, allow encryption, which is the global encryption American companies to protect their Iran continued to engage in activities standard. confidential and trade secret informa- that represent a threat to the peace The Administration announced yes- tion and intellectual property in com- and security of all nations, including terday that it is finally fixing this as- munications with subsidiaries abroad, Iran’s continuing support for inter- pect of its encryption policy. New Ad- and promote global electronic com- national terrorism, its support for acts ministration guidelines will permit the merce. These are objectives I have that undermine the Middle East peace export of 56-bit DES encryption with- sought to achieve in encryption legisla- process, and its intensified efforts to out a license, after a one time tech- tion that I have introduced and cospon- acquire weapons of mass destruction. nical review, to all users outside the sored with bipartisan support in this On May 6, 1995, I issued Executive seven terrorist countries. No longer and the last Congress. Order 12959 (60 Fed. Reg. 24757, May 9, will the Administration require busi- I remain concerned, however, that 1995) to further respond to the Iranian nesses to turn over business plans and privacy safeguards and standards for threat to the national security, foreign make promises to build key recover- law enforcement access to decryption policy, and economy of the United able products for the freedom to export assistance are ignored in the Adminis- States. The terms of that order and an 56-bit DES. tration’s new policy. These are critical earlier order imposing an import ban In 1996, I also raised serious questions issues that continue to require our at- on Iranian-origin goods and services about the Administration’s proposal to tention. (Executive Order 12613 of October 29, 1987) were consolidated and clarified in pull the plug on 56-bit DES exports in f two years. I warned at the time that Executive Order 13059 of August 19. this ‘‘sunset’’ provision ‘‘does not pro- REPORT CONCERNING THE NA- 1997. mote our high-tech industries over- TIONAL EMERGENCY WITH RE- At the time of signing Executive seas.’’ I specifically asked, SPECT TO IRAN—MESSAGE FROM Order 12959, I directed the Secretary of THE PRESIDENT—PM 158 the Treasury to authorize through spe- Does this mean that U.S. companies selling cific licensing certain transactions, in- sophisticated computer systems with DES The PRESIDING OFFICER laid be- cluding transactions by United States encryption overseas must warn their cus- fore the Senate the following message tomers that the supply may end in two persons related to the Iran-United from the President of the United States Claims Tribunal in The Hague, years? Customers both here and abroad want States, together with an accompanying stable suppliers, not those jerked around by established pursuant to the Algiers Ac- their government. report; which was referred to the Com- cords, and related to other inter- mittee on Banking, Housing, and I am pleased that the Administration national obligations and U.S. Govern- Urban Affairs. has also changed this aspect of its pol- ment functions, and transactions relat- icy and adopted an export policy with To the Congress of the United States: ed to the export of agricultural com- no ‘‘sunset.’’ Instead, the Administra- I hereby report to the Congress on modities pursuant to preexisting con- tion will conduct a review of its policy developments concerning the national tracts consistent with section 5712(c) of in one year to determine how well it is emergency with respect to Iran that title 7, United States Code. I also di- working. was declared in Executive Order 12957 rected the Secretary of the Treasury, Indeed, while 56-bit encryption may of March 15, 1995, and matters relating in consultation with the Secretary of still serve as the global standard, this to the measures in that order and in State, to consider authorizing United will not be the situation for much Executive Order 12959 of May 6, 1995, States persons through specific licens- longer. 128-bit encryption is now the and in Executive Order 13059 of August ing to participate in market-based preferred encryption strength. 19, 1997. This report is submitted pursu- swaps of crude oil from the Caspian Sea In fact, to access online account in- ant to section 204(c) of the Inter- area for Iranian crude oil in support of formation from the Thrift Savings national Emergency Economic Powers energy projects in Azerbaijan, Plan for Federal Employees, Members Act, 50 U.S.C. 1703(c) (IEEPA), section Kazakhstan, and Turkmenistan. S10516 CONGRESSIONAL RECORD — SENATE September 17, 1998 Executive Order 12959 revoked sec- (f) of section 1 of Executive Order 12959 Such investigations resulted in 15 re- tions 1 and 2 of Executive Order 12613 of were revoked by Executive Order 13059. ferrals for civil penalty action, October 29, 1987, and sections 1 and 2 of The revocation of corresponding provi- issuance of 5 warning letters, and an Executive Order 12957 of March 15, 1995, sions in the prior Executive orders did additional 52 cases still under compli- to the extent they are inconsistent not affect the applicability of those ance or legal review prior to final agen- with it. A copy of Executive Order 12959 provisions, or of regulations, licenses cy action. was transmitted to the Congressional or other administrative actions taken Since my last report, OFAC has col- leadership by letter dated May 6, 1995. pursuant to those provisions, with re- lected 20 civil monetary penalties to- 2. On August 19, 1997, I issued Execu- spect to any transaction or violation taling more than $110,000 for violations tive Order 13059 in order to clarify the occurring before the effective date of of IEEPA and the ITR related to the steps taken in Executive Order 12957 Executive Order 13059. Specific licenses import or export to Iran of goods and and Executive Order 12959, to confirm issued pursuant to prior Executive or- services. Five U.S. financial institu- that the embargo on Iran prohibits all ders continue in effect, unless revoked tions, twelve companies, and three in- trade and investment activities by or amended by the Secretary of the dividuals paid penalties for these pro- United States persons, wherever lo- Treasury. General licenses, regula- hibited transactions. Civil penalty ac- cated, and to consolidate in one order tions, orders, and directives issued pur- tion is pending against another 45 the various prohibitions previously im- suant to prior orders continue in effect, United States persons for violations of the ITR. posed to deal with the national emer- except to the extent inconsistent with gency declared on March 15, 1995. A 6. On January 22, 1997, an Iranian na- Executive Order 13059 or otherwise re- tional resident in Oregon and a U.S. copy of the Order was transmitted to voked or modified by the Secretary of the Speaker of the House and the citizen were indicted on charges relat- the Treasury. ed to the attempted exportation to President of the Senate by letter dated The declaration of national emer- Iran of spare parts for gas turbines and August 19, 1997. gency made by Executive Order 12957, precursor agents utilized in the produc- The Order prohibits (1) the importa- and renewed each year since, remains tion of nerve gas. The 5-week trial of tion into the United States of any in effect and is not affected by the goods or services of Iranian origin or the American citizen defendant, which Order. began in early February 1998, resulted owned or controlled by the Govern- 3. On March 4, 1998, I renewed for an- in his conviction on all counts. That ment of Iran except information or in- other year the national emergency defendant is awaiting sentencing. The formational material; (2) the expor- with respect to Iran pursuant to other defendant pleaded guilty to one tation, reexportation, sale, or supply IEEPA. This renewal extended the au- count of criminal conspiracy and was from the United States or by a United thority for the current comprehensive States person, wherever located, of sentenced to 21 months in prison. trade embargo against Iran in effect On March 24, 1998, a Federal grand goods, technology, or services to Iran since May 1995. Under these sanctions, or the government of Iran, including jury in Newark, New Jersey, returned virtually all trade with Iran is prohib- an indictment against a U.S. national knowing transfers to a third country ited except for trade in information and an Iranian-born resident of Singa- for direct or indirect supply, trans- and informational materials and cer- pore for violation of IEEPA and the shipment, or reexportation to Iran or tain other limited exceptions. ITR relating to exportation of muni- the Government of Iran, or specifically 4. There have been no amendments to tions, helicopters, and weapons sys- for use in the production, commingling the Iranian Transactions Regulations, tems components to Iran. Among the with, or incorporation into goods, tech- 31 CFR Part 560 (the ‘‘ITR’’), since my merchandise the defendants conspired nology, or services to be supplied, report of March 16, 1998. to export were parts for Phoenix air-to- transshipped, or reexported exclusively 5. During the current 6-month period, air missiles used on F–14A fighter jets or predomininatly to Iran or the Gov- the Department of the Treasury’s Of- in Iran. Trial is scheduled to begin on ernment of Iran; (3) knowing reexpor- fice of Foreign Assets Control (OFAC) October 6, 1998. tation from a third country to Iran or made numerous decisions with respect The U.S. Customs Service has contin- the Government of Iran of certain con- to applications for licenses to engage ued to effect numerous seizures to Ira- trolled U.S.-origin goods, technology, in transactions under the ITR, and nian-origin merchandise, primarily or services by a person other than a issued 12 licenses. carpets, for violation of the import pro- United States person; (4) the purchase, The majority of denials were in re- hibitions of the ITR. Various enforce- sale, transport, swap, brokerage, ap- sponse to requests to authorize com- ment actions carried over from pre- proval, financing, facilitation, guaran- mercial exports to Iran—particularly vious reporting periods are continuing tee, or other transactions or dealings of machinery and equipment for var- and new reports of violations are being by United States persons, wherever lo- ious industries—and the importation of aggressively pursued. cated, related to goods, technology, or Iranian-origin goods. The licenses that 7. The expenses incurred by the Fed- services for exportation, reexportation, were issued authorized certain finan- eral Government in the 6-month period sale or supply, directly or indirectly, to cial transactions and transactions re- from March 15 through September 14, Iran or the Government of Iran, or to lating to air safety policy. Pursuant to 1998, that are directly attributable to goods or services of Iranian origin or sections 3 and 4 of Executive Order the exercise of powers and authorities owned or controlled by the Govern- 12959, Executive Order 13059, and con- conferred by the declaration of a na- ment of Iran; (5) new investment by sistent with statutory restrictions con- tional emergency with respect to Iran United States persons in Iran or in cerning certain goods and technology, are reported to be approximately $1.7 property or entities owned or con- including those involved in air safety million, most of which represent wage trolled by the Government of Iran; (6) cases, the Department of the Treasury and salary costs for Federal personnel. approval, financing, facilitation, or continues to consult with the Depart- Personnel costs were largely centered guarantee by a United States person of ments of State and Commerce on these in the Department of the Treasury any transaction by a foreign person matters. (particularly in the Office of Foreign that a United States person would be Since the issuance of Executive Order Assets Control, the U.S. Customs Serv- prohibited from performing under the 13059, more than 1,500 transactions in- ice, the Office of the Under Secretary terms of the Order; and (7) any trans- volving Iran initially have been ‘‘re- for Enforcement, and the Office of the action that evades, avoids, or attempts jected’’ by U.S. financial institutions General Counsel); the Department of to violate a prohibition under the under IEEPA and the ITR. United State (particularly the Bureau of Eco- Order. States banks declined to process these nomic and Business Affairs, the Bureau Executive Order 13059 became effec- transactions in the absence of OFAC of Near Eastern Affairs, the Bureau of tive at 12:01 a.m., eastern daylight time authorization. Twenty percent of the Intelligence and Research, and the Of- on August 20, 1997. Because the Order 1,500 transactions scrutinized by OFAC fice of the Legal Adviser); and the De- consolidated and clarified the provi- resulted in investigations by OFAC to partment of Commerce (the Bureau of sions of prior orders, Executive Order assure compliance with IEEPA and ITR Export Administration and the General 12613 and paragraph (a), (b), (c), (d) and by United States persons. Counsel’s Office). September 17, 1998 CONGRESSIONAL RECORD — SENATE S10517 8. The situation reviewed above con- H.R. 4550. An act to provide for programs By Mr. HATCH, from the Committee on tinues to present an extraordinary and to facilitate a significant reduction in the the Judiciary: unusual threat to the national secu- incidence and prevalence of substance abuse William B. Traxler, Jr., of South Carolina, through reducing the demand for illegal to be United States Circuit Judge for the rity, foreign policy, and economy of drugs and the inappropriate use of legal Fourth Circuit. the United States. The declaration of drugs; to the Committee on the Judiciary. Alvin K. Hellerstein, of New York, to be the national emergency with respect to f United States District Judge for the South- Iran contained in Executive Order 12957 ern District of New York. and the comprehensive economic sanc- ENROLLED BILL PRESENTED Richard M. Berman, of New York, to be tions imposed by Executive Order 12959 The Secretary of the Senate reported United States District Judge for the South- ern District of New York. underscore the Government’s opposi- that on September 17, 1998 he had pre- Donovan W. Frank, of Minnesota, to be tion to the actions and policies of the sented to the President of the United United States District Judge for the District Government of Iran, particularly its States, the following enrolled bill. of Minnesota. support of international terrorism and S.2112. An act to make the Occupational Colleen McMahon, of New York, to be its efforts to acquire weapons of mass Safety and Health Act of 1970 applicable to United States District Judge for the South- destruction and the means to deliver the United States Postal Service in the same ern District of New York. them. The Iranian Transactions Regu- manner as any other employer. William H. Pauley III, of New York, to be f United States District Judge for the South- lations issued pursuant to Executive ern District of New York. Orders 12957, 12959, and 13059 continue REPORTS OF COMMITTEES Thomas J. Whelan, of California, to be to advance import objectives in pro- The following reports of committees United States District Judge for the South- ern District of California. moting the nonproliferation and anti- were submitted: terrorism policies of the United States. H. Dean Buttram, Jr., of Alabama, to be By Mr. MCCAIN, from the Committee on I shall exercise the powers at my dis- United States District Judge for the North- Commerce, Science, and Transportation, ern District of Alabama. posal to deal with these problems and with an amendment in the nature of a sub- Inge Prytz Johnson, of Alabama, to be will report periodically to the Congress stitute: United States District Judge for the North- on significant developments. S. 2107. A bill to enhance electronic com- ern District of Alabama. WILLIAM J. CLINTON. merce by promoting the reliability and in- Robert Bruce Green, of Oklahoma, to be THE WHITE HOUSE, September 16, 1998. tegrity of commercial transactions through United States Attorney for the Eastern Dis- establishing authentication standards for f trict of Oklahoma for the term of four years. electronic communications, and for other Scott Richard Lassar, of Illinois, to be MESSAGES FROM THE HOUSE purposes (Rept. No. 105–335). United States Attorney for the Northern Dis- By Mr. HATCH, from the Committee on trict of Illinois for the term of four years. At 12:06 p.m., a message from the the Judiciary, with an amendment in the na- James A. Tassone, of Florida, to be United House of Representatives, delivered by ture of a substitute: States Marshal for the Southern District of Mr. Hays, one of its reading clerks, an- H.R. 3303. A bill to authorize appropria- Florida for the term of four years. nounced that the House has passed the tions for the Department of Justice for fiscal years 1999, 2000, and 2001; to authorize appro- (The above nominations were re- following bill and joint resolution, in priations for fiscal years 1999 and 2000 to ported with the recommendation that which it requests the concurrence of carry out certain programs administered by they be confirmed.) the Senate: the Department of Justice; to amend title 28 f H.R. 4550. An act to provide for programs of the United States Code with respect to the to facilitate a significant reduction in the use of funds available to the Department of INTRODUCTION OF BILLS AND incidence and prevalence of substance abuse Justice, and for other purposes. JOINT RESOLUTIONS through reducing the demand for illegal By Mr. HATCH, from the Committee on The following bills and joint resolu- drugs and the inappropriate use of legal the Judiciary, with an amendment in the na- ture of a substitute and an amendment to tions were introduced, read the first drugs. and second time by unanimous con- H.J. Res. Joint resolution making continu- the title: ing appropriations for the fiscal year 1999, H.R. 3494. A bill to amend title 18, United sent, and referred as indicated: and for other purposes. States Code, with respect to violent sex By Mr. WELLSTONE: crimes against children, and for other pur- S. 2489. A bill to amend the Child Care and The message also announced that the poses. Development Block Grant Act of 1990 and the House insists upon its amendment to By Mr. HATCH, from the Committee on Higher Education Act of 1965 to establish and the bill (S. 1260) to amend the Securi- the Judiciary, without amendment: improve programs to increase the availabil- ties Exchange Act of 1934 to limit the S. Res. 256. A resolution to refer S. 2274 en- ity of quality child care, and for other pur- conduct of securities class actions titled ‘‘A bill for the relief of Richard M. poses; to the Committee on Labor and Barlow of Santa Fe, New Mexico’’ to the Human Resources. under the State law, and for other pur- chief judge of the United States Court of poses, disagreed to by the Senate, and By Mr. FAIRCLOTH: Federal Claims for a report thereon. S. 2490. A bill to prohibit postsecondary agrees to the conference asked by the By Mr. HATCH, from the Committee on educational institutions from requiring the Senate on the disagreeing votes of the the Judiciary, with an amendment in the na- purchase of goods and services from on-cam- two Houses thereon; and appoints Mr. ture of a substitute: pus businesses, intentionally withholding BLILEY, Mr. OXLEY, Mr. TAUZIN, Mr. S. 1637. A bill to expedite State review of course information from off-campus busi- criminal records of applicants for bail en- COX of California, Mr. WHITE, Mr. DIN- nesses, or preventing students from obtain- forcement officer employment, and for other GELL, Mr. STUPAK, and Ms. ESHOO as ing course information or materials from off- purposes. campus businesses; to the Committee on the managers of the conference on the By Mr. HATCH, from the Committee on Labor and Human Resources. part of the House. the Judiciary, with an amendment in the na- By Mr. HATCH (for himself, Mr. ture of a substitute and an amendment to ENROLLED BILL SIGNED LEAHY, and Mr. DEWINE): the title: S. 2491. A bill to amend title 18, United The message further announced that S. 1727. A bill authorize the comprehensive States Code, to protect children from sexual the Speaker has signed the following independent study of the effects on trade- abuse and exploitation, and for other pur- enrolled bill: mark and intellectual property rights hold- poses; to the Committee on the Judiciary. S. 2112. An act to make the Occupational ers of adding new a generic top-level do- By Mr. GRASSLEY (for himself and Safety and Health Act of 1970 applicable to mains and related dispute resolution proce- Mr. GRAHAM): dures. the United States Postal Service in the same S. 2492. A bill to amend the Internal Reve- manner as any other employer. S. 2392. A bill to encourage the disclosure and exchange of information about computer nue Code of 1986 to allow a deduction for the The enrolled bill was signed subse- processing problems and related matters in long-term care insurance costs of all individ- quently by the President pro tempore connection with the transition to the Year uals who are not eligible to participate in (Mr. THURMOND). 2000. employer-subsidized long-term care health plans; to the Committee on Finance. f f By Mr. HARKIN: MEASURES REFERRED EXECUTIVE REPORTS OF S. 2493. A bill to amend the Internal Reve- COMMITTEE nue Code of 1986 to allow a tax credit for the The following bill was read the first nutrient management costs of animal feed- and second time by unanimous consent The following executive reports of ing operations; to the Committee on Fi- and referred as indicated: committees were submitted: nance. S10518 CONGRESSIONAL RECORD — SENATE September 17, 1998 By Mr. MCCAIN (for himself, Mr. About $37.5 billion just increases Yet many parents in America do not LEAHY, Mr. HATCH, Mr. DEWINE, and funding for the Child Care and Develop- have the option of providing adequate Mr. KOHL): ment Block Grant Program (CCDBG), care for their children. For parents S. 2494. A bill to amend the Communica- which has been a proven success in pro- who can barely afford rent it is nearly tions Act of 1934 (47 U.S.C. 151 et seq.) to en- hance the ability of direct broadcast sat- viding more money so that we can ex- impossible to take advantage of the ellite and other multichannel video provid- pand child care in our States and pro- Family Medical Leave Act, and sac- ers to compete effectively with cable tele- vide help to many working families rifice 12 weeks of pay in order to di- vision systems, and for other purposes; to that need this help. rectly supervise a child. Many mothers the Committee on Commerce, Science, and In addition, the bill provides funding need to return to work shortly after Transportation. for improving afterschool programs. giving birth and find that the only op- By Mr. MOYNIHAN (for himself and We have funds that are set aside to im- tions open to them are to place their Mr. D’AMATO): prove the quality of child care. Chil- children in care that is substandard, S. 2495. A bill to establish the Kate dren Defense Fund studies have shown Mullany National Historic Site in the State even potentially dangerous—but afford- of New York, and for other purposes; to the that six out of seven child care facili- able. According to the Children’s De- Committee on Energy and Natural Re- ties in this country provide only poor- fense Fund, six out of seven child care sources. to-mediocre service, and one out of centers provide only poor to mediocre By Mr. SPECTER: eight centers actually put children at care, and one in eight centers provide S. 2496. A bill to designate the Department risk. care that could jeopardize children’s of Veterans Affairs medical center in There is additional funding for pro- safety and development. The same Aspinwall, Pennsylvania, as the ‘‘H. John fessional training, for new construc- study said that one in three home- Heinz III Department of Veterans Affairs tion, and I say to my colleagues, there based care situations could be harmful Medical Center’’; to the Committee on Vet- is also funding for loan forgiveness, erans Affairs. to a child’s development. How can we which is the effort that I have been abide by these statistics? f working on with my colleague, Senator This is a serious problem, and fright- DEWINE from Ohio, so that those men SUBMISSION OF CONCURRENT AND eningly widespread. The eligibility lev- and women who do their undergraduate SENATE RESOLUTIONS els set for receiving child care aid work and receive training in early through the federal Child Care and De- The following concurrent resolutions childhood development, where the velopment Block Grant (CCDBG) is 85 and Senate resolutions were read, and wages are so low, at least will receive percent of a state’s median income. Na- referred (or acted upon), as indicated: loan forgiveness which will help them. tionally, this comes out to about By Mr. TORRICELLI (for himself, Mr. Finally, there is some $13 billion in tax $35,000 for a family of three in 1998. D’AMATO, Mr. MURKOWSKI, Mr. CRAIG, credits for low- and middle-income Mr. AKAKA, Mr. LAUTENBERG, Mr. However, according to the Children’s working parents to help them afford GRAHAM, Mr. DASCHLE, Ms. LANDRIEU, defense fund, fully half of all families child care. Mr. LIEBERMAN, Mr. HATCH, Mr. with young children earn less than Research has shown that much of DOMENICI, Mr. STEVENS, Mr. BENNETT, $35,000 per year. Half! A family that has what happens in life depends upon the and Mr. HARKIN): two parents working full time at mini- S. Res. 279. A resolution expressing the first three years of development. The mum wage earns only $21,400 per year. sense of the Senate supporting the right of brain is so profoundly influenced dur- This is not nearly enough to even the United States citizens in Puerto Rico to ing this time that the brain of a three- dream of adequate child care. express their desires regarding their future year-old has twice as many synapses political status; considered and agreed to. (connections between brain cells) as Child care costs in the United States f that of her adult parents. The process for one child in full day care range of brain development is actually one of from $4,000 to $10,000 a year. It is not STATEMENTS ON INTRODUCED surprising that, on average, families BILLS AND JOINT RESOLUTIONS ‘‘pruning’’ out the synapses that one does not need (or more accurately, does with incomes under $15,000 a year spend By Mr. WELLSTONE: not use) from those that become the 23 percent of their annual incomes on S. 2489. A bill to amend the Child brains standard ‘‘wiring.’’ This is why child care. And in West Virginia, if a Care and Development Block Grant Act the first three years of development family of three makes more than that of 1990 and the Higher Education Act of are so important—this is the time that $15,000, they no longer qualify for child 1965 to establish and improve programs the brain must develop the wiring that care aid! In fact, thirty-two states do to increase the availability of quality is going to be used for the rest of one’s not allow a family of three which earns child care, and for other purposes; to life. According to a report on brain de- $25,000 a year (approximately 185 per- the Committee on Labor and Human velopment published by the Families cent of poverty) to qualify for help. Resources. and Work Institute, ‘‘Early care and Only four states in our nation set eligi- CHILD DEVELOPMENT ACT nurture have a decisive, long lasting bility cut offs for receiving child care Mr. WELLSTONE. Mr. President, impact on how people develop, their assistance at 85 percent of median fam- right now in our country there are ability to learn, and their capacity to ily income, the maximum allowed by about 10 million children—of course, control their own emotions.’’ If chil- federal law. There is obviously not when I talk about children, I am talk- dren do not receive proper care before enough funding to support the huge ing about their parents as well—who the age of three, they never receive the need for child care assistance in our are eligible for good developmental chance to develop into fully function- nation, and that is why I am proposing child care opportunities. As it turns ing adults. the Child Care Development Act. out, we provide assistance to 1.4 mil- We are not allowing our children a There is widespread support for ex- lion out of this 10 million. In other chance in life when we do not provide panded investments to improve the af- words, fully 86 percent of children who them with proper care in their early fordability and quality of child care. A are eligible to receive some assistance years. If America is to achieve its goal recent survey of 550 police chiefs found so that they will get better child care of equal opportunity for our children, that nine out of ten police chiefs sur- in those critical early years receive no we need to start with proper care in veyed agreed that ‘‘America could assistance at all. their early years. It is a painful statis- sharply reduce crime if government in- I introduce today this piece of legis- tic then that our youngest citizens are vested more in programs to help chil- lation, which I have called the Child also some of the poorest Americans. dren and youth get a good start’’ such Development Act. I have been working One out of every four of our country’s as Head Start and child care. Mayors on it for the last year and a half. Alto- 12 million children under the age of across the country identified child gether, over the next 5 years, it calls three live in poverty. It becomes very care, more than any other issue, as one for $62 billion, about $12 billion—less difficult to break out of the cycle of of the most pressing issues facing chil- than 1 percent of the budget—to be in- poverty if poor children are not al- dren and families in their communities vested in the health, skills, intellect lowed to develop into fully functioning in 1996 survey. A recent poll found that and character of our children. adults. a bipartisan majority of those polled September 17, 1998 CONGRESSIONAL RECORD — SENATE S10519 support increased investments in help- up $19.29 billion, and $5.11 billion will lost it. It wasn’t that many months ago ing families pay for child care—specifi- come from a reduction in Nuclear De- that we were having conferences and cally, 74% of those polled favor a bill to livery Systems Within Overall Limits we were talking about reports that help low-income and middle-class fami- of START II. were coming out and we couldn’t stop lies pay for child care, including 79% of The remaining offsets can be made by discussing the development of the Democrats, 69% of Republicans, and reducing the Intelligence Budget by 5 brain; how important it is to make 76% of Independents. percent, which would save $6.675 bil- sure that we get it right for our chil- It is clear that many like to talk lion; by reducing Military Export Sub- dren because by age 3, if we don’t get it about supporting our children, and sidies by $.85 billion; and by canceling right for them, they are never going to many are in favor of supporting our the International Space Station, which be ready for school and never be ready children, but what action is actually costs $10.045 billion. All of which, when for life. taken? Yes, the addition of new child added together, allows for an addi- What happened? What happened to care dollars in 1996 has helped welfare tional $68.805 billion to be used to sup- our focus? We have lost our focus. We recipients, but it has done nothing for port our children. have lost our way. We are talking a lot working, low-income families not re- This is, finally, a child care bill on about values, and we are talking a lot ceiving TANF. The Children’s Defense the same scope as the problem itself. about moral issues and we should—we Fund recommends that Congress pass We as a nation are neglecting the most should. But isn’t it also a moral ques- comprehensive legislation that guaran- vulnerable and important portion of tion or a moral issue that one out of tees at least $20 billion over five years our society—our children. Here is an every four children under the age of 3 in new funding for the Child Care De- ambitious solution to this vast prob- is growing up poor in America today, velopment Block Grant (CCDBG). My lem that has been plaguing our coun- and one out of every three children of Child Care Development Act goes be- try. So that we don’t have to be a coun- color under the age of 3 is growing up yond this, yet even my bill is just a try that just talks about putting our poor in America today? first step. This bill is designed to pro- children first. With our economy still humming vide affordable, quality child care to Mr. President, I want to speak a lit- along, how can it be that we cannot do half of the ten million American chil- tle bit from the heart. We are now at a better? I don’t understand that. I say dren presently in need of subsidized point in our session where we have to the Rabbi and Chaplain, in the 1 care. It will provide $62.5 billion over 5 maybe 2 ⁄2, 3 weeks to go. I think it is words of Rabbi Hillel, ‘‘If not now, years—$12.5 billion a year—nearly a tragedy that, in many ways, we are when?’’ three times the amount proposed in the not involved in the work of democracy. Here we are with 3 weeks to go to President’s most ambitious, and still From my point of view as a Senator this Congress, and we haven’t done unprosecuted, proposal. In 1997 the from Minnesota, the work of democ- anything to help families, to help chil- President proposed extending care to racy is to try to respond and speak to dren, to fill their void so that we make 600,000 children from poor families, the concerns and circumstances of peo- sure that every child who comes to leaving fully 80% of eligible children ple’s lives. kindergarten comes to kindergarten As I travel around Minnesota and without aid. That was the last we ready to learn. If we are going to talk travel around the country, I believe heard of it. And it wasn’t good enough, about education, and we are going to that, more than anything else, what anyway. have a discussion about education— families are saying to us is, ‘‘We want If we are serious about putting par- maybe we won’t on the present to do our very best by our kids, be- ents to work and protecting children, course—I think we have to focus on the cause if we as parents,’’ or a single par- we need to invest more in families and learning gap. in child care help for them. Enabling ent, ‘‘can do our best by our kids, we The truth of the matter is, we do families to work and helping children will do our best by our country.’’ quite well for kids in our public schools thrive means giving states enough One of the reasons we—I am talking if they come to kindergarten ready to money so that they can set reasonable about the people now in the country— learn. It is the kids who come to kin- eligibility levels, let families know are so disillusioned about our political dergarten not ready to learn for whom that help is available, and take work- process, above and beyond all that they we don’t do well. ing families off the waiting lists. hear about every day, which I hate, is The Child Care Development Act will that all that is happening is no good I am not trying to take K–12 off the require $62.5 billion over five years. for our country. I think the polls show hook. We need to do much better. But There will be several offsets necessary this as well, people are saying, ‘‘Get on couldn’t we say that as a national goal if we are serious about giving children with your governing, too; please gov- we want to make sure that every child in this country the type of care they ern; please be relevant and important who comes to kindergarten comes to need and deserve. Shifting spending to our lives.’’ People feel like we are kindergarten ready to learn? So that from these offsets demonstrates that not doing that. she knows the alphabet. He knows col- our true national priority is children, I have to say that if we can respond ors and shapes and sizes. She knows not wasteful military spending and cor- to what most people are talking about, how to spell her name. They have been porate tax loopholes. which is how we earn a decent living read to widely and they come with the The offsets that will be necessary are and how do we give our children the readiness to learn. as follows. If we repeal the reductions care we know they need and deserve, The Presiding Officer, Senator in the Corporate Minimum Tax from we will be doing well by people. If we DEWINE, is as committed to children as the 1997 Budget Bill, we create $8.2 bil- can do everything that we can do as any Senator in the Senate. He knows lion. The elimination of the Special Oil Senators, Democrats and Republicans, what I am saying. and Gas Depletion Allowance will and if the private sector plays its role This is a cost-neutral bill. I will not make room for and additional $4.3 bil- and we also engage in voluntarism and go on about this bill’s offsets. I cut lion. An offset of $.575 billion will come a lot of good things happen at the com- into some tax loopholes and some sub- from a repeal of the Enhanced Oil Re- munity level and non-Government or- sidies that go to some of the largest covery Credit and an offset of $13.767 ganizations, and nonprofits play their corporations in America that do not billion will come from the elimination role, and I say to Rabbi Shemtov, our need it. I raise some questions about of exclusion for Foreign-Earned In- guest chaplain today, the religious whether we need some additional mis- come. From these four different offsets community needs to play their role: if siles and additional bombers. I redefine in tax provisions a sub total amount of we all do everything we can to enable national security, and say, yes, we $26.835 is created to spend on child parents or a parent to do their best by need a strong defense, but we need to care. their kids, then that is the best single take some of the money and invest for Defense Cuts will also be necessary in thing we can do. children. People can agree or disagree the amount of $24.4 billion. This will What saddens me and also angers me about where I get the money for this. come from canceling the F–22, a plane is that all of a sudden, the focus on Can’t we agree that we take 1 percent plagued with troubles, which will free children is just off the table. We have of our budget and invest it in the S10520 CONGRESSIONAL RECORD — SENATE September 17, 1998 health and skills and character and in- counts,’’ colleges are creating their Clearly parents, students and the fed- tellect of our children? They are 100 own dominance in such areas as college eral government could use this kind of percent of our future. bookstores. Off-campus choice is vir- financial relief. Mr. President, I would I must repeat this point. I cannot be- tually unavailable, even if off-campus urge my colleagues to support this leg- lieve that not that many months ago stores offer students a less-expensive islation.∑ we were all talking about development alternative. With the development of of the brain, early childhood develop- ‘‘campus cards,’’ aid is even more cap- By Mr. HATCH (for himself, Mr. ment. We were all talking about legis- tive to the on-campus economy. LEAHY, and Mr. DEWINE): lation—we were all talking about how I raised this issue with Secretary S. 2491. A bill to amend title 18, we were going to do something to help Riley at a hearing this spring and United States Code, to protect children parents do better by their kids, and we through a subsequent letter. The De- from sexual abuse and exploitation, are not doing that. partment claims such distribution of and for other purposes; to the Commit- That is why I introduce this legisla- aid funds is voluntary. The Department tee on the Judiciary. tion today. I do not think it is a cry in of Education stated in its June 22nd re- PROTECTION OF CHILDREN FROM SEXUAL the wilderness, because I hope next sponse that off-campus businesses can PREDATORS ACT OF 1998 year we are going to get this bill en- accept these campus cards only if an Mr. HATCH. Mr. President, today I acted. I am going to fight for this. And institution ‘‘wishes to establish a busi- am proud to introduce S. 2491 the maybe, if I have a chance—I don’t ness relationship with an off-campus Hatch-Leahy-DeWine ‘‘Protection of know that I will, given the next 3 business.’’ In most cases, that is not Children from Sexual Predators Act of 1998.’’ I want to especially thank Sen- weeks—I will bring some of it up as their wish. In most cases, only on-cam- ators LEAHY and DEWINE for their co- amendments. But we have to start pus enterprises benefit. The Congress operation in drafting this exemplary speaking out about this, Mr. President. never intended financial aid funds—or piece of legislation. S. 2491 strengthens I say to Senator DEWINE, the Presiding any other funds—to be used for pur- the ability of law enforcement and the Officer, we have to start speaking out poses of monopolization on college courts to respond to high-tech sexual about this because we should be doing campuses. Competition in the campus- predators of children. Pedophiles who better. area marketplace is being restricted— and in many cases—eliminated. Stu- roam the Internet, purveyors of child By Mr. FAIRCLOTH: dents have little to no choice in shop- pornography, and serial child molesters S. 2490. A bill to prohibit postsecond- ping for books and materials. are specifically targeted. ary educational institutions from re- The net result is that students are The Internet is a wonderful creation. quiring the purchase of goods and serv- often paying higher costs for these By allowing for instant communication ices from on-campus businesses, inten- goods and services, like textbooks. around the globe, it has made the tionally withholding course informa- And, the federal government, providing world a smaller place, a place in which tion from off-campus businesses, or student aid, is paying the higher price people can express their thoughts and preventing students from obtaining too. ideas without limitation. It has re- course information or materials from There isn’t a college student in this leased the creative energies of a new off-campus businesses; to the Commit- country that does not think that text- generation of entrepreneurs and it is tee on Labor and Human Resources. books cost too much. Buying course an unparalleled source of information. books has become a major expense for While we should encourage people to THE COLLEGE COSTS SAVINGS ACT OF 1998 take full advantage of the opportuni- Mr. FAIRCLOTH. Mr. President, this the vast majority of students. ∑ Evidence shows that off-campus ties the Internet has to offer, we must fall millions of college students are re- bookstores are generally less-expensive also be vigilant in seeking to ensure turning to campus. Today I introduce if students receiving financial aid had that the Internet is not perverted into legislation that will ease the financial full access to them. A recent report of a hunting ground for pedophiles and burden for these students, and reduce the National Association of College other sexual predators, and a drive- the costs of student financial aid on Stores (‘‘NACS’’) reports that each stu- through library and post office for pur- the taxpayers. dent spends an average of $300 for new veyors of child pornography. Our chil- My bill seeks to inject some good, textbooks at an on-campus bookstore dren must be protected from those who old-fashioned competition in the mar- compared with less than $200 for text- would choose to sexually abuse and ex- ket for the purchase of college text- book purchases at an off-campus book- ploit them. And those who take the books. Every student knows that the store. path of predation should know that the costs of textbooks can run into hun- Additionally, another unfair practice consequences of their actions will be dreds of dollars. It has become a major that I have been informed about is that severe and unforgiving. expense for most college students. My some institutions refuse or obstruct ac- How does this bill provide additional bill would bar financial aid to any uni- cess by off-campus college bookstores protection for our children? By prohib- versity or any student attending a uni- to the titles of textbooks required by iting the libidinous dissemination on versity that, directly or indirectly, re- the teaching staff. This legislation ad- the Internet of information related to quires students to purchase textbooks dresses both of these problems. minors and the sending of obscene ma- exclusively on campus. Further, the Further, I believe we should be tak- terial to minors, we make it more dif- legislation would require that non- ing any reasonable steps that we can to ficult for sexual predators to gather in- campus businesses have reasonable ac- reduce the cost of attending college. A formation on, and lower the sexual in- cess to the textbook requirements of 1998 Congressional Commission on the hibitions of, potential targets. And by college courses, so that they too could Cost of Higher Education Report tells requiring electronic communication stock textbooks and have them avail- us that America has a ‘‘college cost service providers to report the commis- able to students at a more competitive crisis.’’ It found that 71 percent of the sion of child pornography offenses to price. public believes that a four-year edu- authorities, we mandate accountability Regrettably, the way aid is currently cation is not affordable for most Amer- and responsibility on the Internet. disbursed by the Department of Edu- icans. Clearly, people are concerned Additionally, law enforcement is cation is artificially raising costs for about the ever-growing costs of higher given effective tools to pursue sexual students throughout the country. education. predators. The Attorney General is There is a nationwide use of financial This legislation could save every stu- provided with authority to issue ad- aid to, in effect, channel funds exclu- dent hundreds of dollars a year in col- ministrative subpoenas in child por- sively to college ‘‘business-like’’ enter- lege costs, if we can promote greater nography cases. Proceeds derived from prises. These funding methods prevent free market competition in the sale of these offenses, and the facilities and financial aid from being spent at small college textbooks. As for financial aid, instrumentalities used to perpetuate businesses attempting to compete in if this legislation can only save one these offenses, will be subject to for- the campus area marketplace. percent of the amount that is spent on feiture. And prosecutors will now have Through the use of Department of financial aid, it would approximate a the power to seek pretrial detention of Education-permitted ‘‘student ac- $500 million savings. sexual predators prior to trial. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10521 Federal law enforcement will be H.R. 3494, and to make this bill more person was, in fact, an adult. The evi- given increased statutory authority to focused and measured. Briefly, I would dent purpose was to make clear that assist the States in kidnaping and se- like to highlight and explain some of the targets of sting operations are not rial murder investigations, which often the differences between the bills. relieved of criminal liability merely involve children. In that vein, S. 2491 As passed by the House, H.R. 3494 because their intended victim turned calls for the creation of the Morgan P. would make it a crime, punishable by out to be an undercover agent and not Hardiman Child Abduction and Serial up to 5 years’ imprisonment, to do a child. The new ‘‘sting’’ provisions ad- Murder Investigative Resources Center. nothing more than ‘‘contact’’ a minor, dressed a problem that simply does not That center will gather information, or even just attempt to ‘‘contact’’ a currently exist: no court has ever en- expertise and resources that our na- minor, for the purpose of engaging in dorsed an impossibility defense along tion’s law enforcement agencies can sexual activity. This provision does not the lines anticipated by the House bill. draw upon to help combat these hei- appear in the Hatch-Leahy-DeWine The creation of special ‘‘sting’’ provi- nous crimes. bill. The act of making contact is not sions in this one area could lend cre- Sentences for child abuse and exploi- very far along the spectrum of an overt dence to impossibility defenses raised tation offenses will be made tougher. criminal act: it is only the expression in other sting and undercover situa- In addition to increasing the maximum of a criminal intention without follow tions. At the same time, these provi- penalties available for many crimes through. A simple ‘‘hello’’ in an inter- sions would have criminalized conduct against children and mandating tough net chat room, coupled with bad inten- that was otherwise lawful: it is not a sentences for repeat offenders, the bill tions, would expose the speaker to se- crime for adults to communicate with will also recommend that the Sentenc- vere criminal sanctions. Targeting ‘‘at- each other about sex, even if one of the ing Commission reevaluate the guide- tempts’’ to make contact would be adults pretends to be a child. Given lines applicable to these offenses, and even more like prosecuting a thought these significant concerns, the ‘‘sting’’ increase them where appropriate to ad- crime. provisions have been stricken from the dress the egregiousness of these crimes. Another new crime created by the Hatch-Leahy-DeWine bill. And S. 2491 calls for life imprisonment House bill prohibited the transmittal Another major problem with the in appropriate cases where certain of identifying information about any House bill is its modification of the crimes result in the death of children. person under 18 for the purpose of en- child pornography possession laws. Protection of our children is not a couraging unlawful sexual activity. In Current law requires possession of partisan issue. We have drawn upon the its original incarnation, this provision three or more pornographic images in collective wisdom of Senators from would have had the absurd result of order for there to be criminal liability. both sides of the aisle to draft a bill prohibiting a person under the age of Congress wrote this requirement into which includes strong, effective legisla- consent from e-mailing her own ad- the law as a way of protecting against tion protecting children. I call upon dress or telephone number to her boy- government overreaching. By eliminat- my colleagues to support this bill and friend. We fixed this problem by mak- ing this numeric requirement, the speed its passage.∑ ing it clear that a violation must in- House bill puts at risk the Mr. President, I ask unanimous con- volve the transmission of someone unsuspecting Internet user who, by in- sent that the text of the bill be printed else’s identifying information. In addi- advertence or mistake, downloads a in the RECORD. tion, to eliminate any notice problem There being no objection, the bill was single pornographic image of a child. arising from the variations in state The inevitable result would be to chill ordered to be printed in the RECORD, as statutory rape laws, we lowered the follows: the free exchange of information over [The bill was not available for print- age of the identified minor from 18 to the web. I was unwilling to accept this ing. It will appear in a future edition of 16—the federal age of consent. Finally, possibility; the Hatch-Leahy-DeWine we clarified that the defendant must the RECORD.] bill keeps current law in place. Mr. LEAHY. Mr. President, I know know that the person about whom he Unlike H.R. 3494, the bill we are in- everyone is concerned about protecting was transmitting identifying informa- troducing today contains no new man- this country’s children from those who tion was, in fact, under 16. This change datory minimum sentences. I oppose would prey upon them. Those concerns was particularly important because, in the use of mandatory minimums be- have intensified in recent years with the anonymous world of cyberspace, a cause they take away the discretion of the growing popularity of the internet person may have no way of knowing the sentencing judge, which can result and the world wide web. Cyberspace the age of the faceless person with in unjust sentences and can also induce gives users access to a wealth of infor- whom he is communicating. defendants who would otherwise have mation; it connects people from around I had many of the same concerns re- pled guilty, hoping to obtain some the world. But it also creates new op- garding another provision of the House measure of leniency from the court, to portunities for sexual predators and bill, which makes it a crime to transfer proceed to trial. child pornographers to ply their trade. obscene material to a minor. Again, Another problematic provision of the The challenge is to protect our chil- the Hatch-Leahy-DeWine bill lowers House bill gives the Attorney General dren from exploitation in cyberspace the age of minority from 18 to 16 and sweeping authority to subpoena while ensuring that the vast demo- provides that the defendant must know records and witnesses in investigations cratic forum of the Internet remains an he is dealing with someone so young. I involving crimes against children. We engine for the free exchange of ideas would add that this provision of the should be extremely wary of further ex- and information. bill applies only to ‘‘obscene’’ material, tending the Justice Department’s ad- The bill that we are introducing that is, material that enjoys no First ministrative subpoena power. The use today meets this challenge. While it is Amendment protection whatever—ma- of administrative subpoenas gives fed- not a cure-all for the scourge of child terial that is patently offensive to the eral agents the power to compel disclo- pornography, it is a good step toward average adult. The bill does not pur- sures without any oversight by a judge, limiting the ability of cyber-pornog- port to proscribe the transferral of con- prosecutor, or grand jury, and without raphers and predators from harming stitutionally protected material that any of the grand jury secrecy require- children. may, however, be unsuitable for mi- ments. That being said, the secrecy re- This bill differs markedly from H.R. nors. Besides raising serious constitu- quirements may pose a significant ob- 3494, the child protection and sexual tional concerns, such a provision would stacle to the full and efficient coopera- predator bill that the House passed last also have the unacceptable con- tion of federal/state task forces in their June. I should note that this bill mir- sequence of reducing the level of dis- joint efforts to reduce the steadily in- rors a Hatch-Leahy-DeWine substitute course over the Internet to what would creasing use of the Internet to per- to H.R. 3494, which passed the Judici- be suitable for a sandbox. petrate crimes against children, in- ary Committee by unanimous consent The original House bill would also cluding crimes involving the distribu- this afternoon. have criminalized certain conduct di- tion of child pornography. I thank the Chairman for working rected at a person who had been ‘‘rep- In addition, it appears that some U.S. with me to fix the many problems in resented’’ to be a minor, even if that Attorneys Offices are reluctant to open S10522 CONGRESSIONAL RECORD — SENATE September 17, 1998 a grand jury investigation when the provisions. Our bill is also free of cer- Sexual Predator Punishment Act of only goal is to identify individuals who tain add-ons that appeared in the origi- 1998. This measure would double the have not yet, and may never, commit a nal version offered by Senator HATCH. maximum penalty for sexual abuse of a federal (as opposed to state or local) of- In particular, the original version child under twelve—from ten years to fense. The Hatch-Leahy-DeWine bill would have opened the floodgates of twenty years. It would also increase accommodates all the competing inter- federal inchoate crime prosecutions by the prison terms and fines for anyone ests by granting the Department a nar- creating a general attempt statute— using the Internet, or the mail, to con- rowly drawn authority to subpoena making it a crime to commit each and tact a minor for the purpose of engag- only the information that it most every offense in title 18—and by mak- ing in sexual activity or transferring needs: routine subscriber account in- ing the penalty for its violation as well obscene material. formation from Internet service pro- as for violation of the general conspir- I urge my colleagues to support this viders. Importantly, subscribers may acy statute (which is now capped at 5 bill, and I hope it will pass the Senate obtain notice from their service pro- years) equal to the penalty for the of- before we adjourn this year. We must vider. fense that was the object of the at- act quickly to help prevent another The new reporting requirement es- tempt or conspiracy. The Chairman’s generation of children from suffering.∑ tablished by H.R. 3494 is also troubling. original bill also created a new rule of Under current law, Internet service criminal procedure requiring defend- By Mr. GRASSLEY (for himself providers are generally free to report ants to provide notice of their inten- and Mr. GRAHAM): suspicious communications to law en- tion to assert an entrapment defense. S. 2492. A bill to amend the Internal forcement authorities. Under H.R. 3494, I think there are good reasons why Revenue Code of 1986 to allow a deduc- service providers would be required to these ideas have been rejected in the tion for the long-term care insurance report such communications when they past, both by the Congress and by the costs of all individuals who are not eli- involve child pornography; failure to Federal Judicial Conference, and why gible to participate in employer-sub- do so would be punishable by a sub- they are opposed by business and civil sidized long-term care health plans; to stantial fine. liberties groups alike. At the very the Committee on Finance. Of course, we are all committed to least, we should not usher in such radi- LONG-TERM CARE AND RETIREMENT SECURITY eradicating the market for child por- cal changes to the federal criminal law ACT nography. Child pornography is inher- without more careful consideration, ∑ Mr. GRASSLEY. Mr. President, I in- ently harmful to children. Service pro- after proper hearings. troduce the Long-Term Care and Re- viders that come across such material In conclusion, I commend Senators tirement Security Act. This bill is an should report it, and, in most cases, HATCH and DEWINE for their efforts to important first step in helping Ameri- they already do. We must tread cau- address the terrible problem of child cans prepare for their long-term care tiously, however, before we compel pri- predators and pornographers. I am glad needs. A companion bill to the Long- vate citizens to act as good Samaritans that we were able to join forces to con- Term Care and Retirement Security or to assume duties and responsibilities struct a bill that goes a long way to- Act has been introduced in the House that are better left to law enforcement. wards achieving our common goals.∑ of Representatives by Representative Working with the service providers, ∑Mr. LAUTENBERG. Mr. President, I NANCY JOHNSON. we have refined the House bill in var- rise to express my outrage at the de- Longer and healthier lives are a ious ways. praved criminals who are using the blessing and a testament to the First, we raised the bar for the re- Internet to exploit children. progress and advances made by our so- porting duty; a service provider has no Recently, the United States Customs ciety. However, all Americans must be obligation to make a report unless it Service, in cooperation with authori- alert and prepare for long-term care has ‘‘probable cause’’ to believe that ties in fourteen other nations, con- needs. The role of private long-term the child pornography laws are being ducted successful raids on an extensive care insurance is critical in meeting violated. By setting such a high stand- Internet child pornography ring. The this challenge. ard, we intended to discourage service ring, called the Wonderland Club, had The financial challenges of health providers from erring on the side of been distributing more than 100,000 care in retirement are not new. Indeed, over-reporting every questionable pornographic photographs of children. too many family caregivers can tell image. This would also overwhelm the Some of the children were as young as stories about financial devastation FBI and law enforcement agencies. 18 months. I am deeply disturbed, and that was brought about by the serious Second, we provided that there is no disgusted, that people would victimize long-term care needs of a family mem- liability for failing to make a report innocent children in this way. ber. Because increasing numbers of unless the service provider knew both I want to commend the Customs Americans are likely to need long term of the existence of child pornography Service and the other international law care services, it is especially important and of the duty to report it (if it rises enforcement agencies involved on their to encourage planning today. to the level of probable cause). successful effort. They made 46 arrests Most families are not financially pre- Third, we made clear that we are not worldwide and there may be hundreds pared when a loved one needs long- imposing a monitoring requirement of more after all the evidence is analyzed. term care. When faced with nursing any kind: service providers must report The raids also covered 22 states, includ- home costs that can run more than child pornography when they come ing one location in my home state of $40,000 a year, families often turn to across it or it is brought to their atten- New Jersey. Medicaid for help. In fact, Medicaid tion, but they remain under no obliga- While this raid has put this one ring pays for nearly two of every three tion to go out looking for it. of Internet pedophiles out of business, I nursing home residents at a cost of Fourth, we added privacy protections am concerned that there may be oth- more than $30 billion each year for for any information reported under the ers. Many law enforcement officials are nursing home costs. With the impend- bill. concerned that the advancements in ing retirement of the Baby Boomers, it Fifth, we lowered the maximum fine Internet technology are making it that is imperative that Congress takes steps for first offenders to $50,000; a second or much easier for pedophiles to conduct now to encourage all Americans to subsequent failure to report, however, their sickening schemes. Additionally, plan ahead for potential long-term care may still result in a fine up to $100,000. the anonymity of the Internet makes it needs. Thus improved, I am confident that easier for these criminals to evade de- The Long-Term Care and Retirement the reporting requirement will accom- tection. Security Act will allow Americans who plish its objectives without unduly bur- Clearly, we must fight back against do not currently have access to em- dening the service providers or violat- these cyberspace criminals. One step ployer subsidized long-term care plans ing the privacy rights of internet users. that we can take is to ensure strong to deduct the cost of such a plan from Beyond this, the Hatch-Leahy- penalties for those who use the Inter- their taxable income. This bill will en- DeWine bill strips the House bill of var- net for these horrible purposes. That is courage planning and personal respon- ious other extraneous or improvident why I support the Child Protection and sibility while helping to make long- September 17, 1998 CONGRESSIONAL RECORD — SENATE S10523 term care insurance more affordable purchasing long-term care insurance. (1) saving enough money for retire- for middle class taxpayers. First, most Americans purchase health ment, and (2) protecting against life’s This measure will encourage Ameri- insurance through their employer. uncertainties, including long-term care cans to be pro-active and prepare for Over sixty-five percent of 235 million costs. An unanticipated nursing home their own long term care needs by individuals, under age 65, purchase stay can deplete hard-earned savings making insurance more affordable. I their health insurance through their and threaten a family’s financial fu- urge my colleagues to support this bill. employer or union. However, tax law ture. This situation could be especially Mr. President, I ask unanimous con- prohibits an employer from offering difficult for the surviving spouse of sent that the text of the bill be printed employer subsidized long-term care in- someone who has had a long-term care in the RECORD. surance products through its employee stay and depleted all of their retire- There being no objection, the bill was benefits plans. ment savings. The widow or widower ordered to be printed in the RECORD, as Since the enactment of the Kennedy- can have many years left to live and no follows: Kassebaum legislation of 1996, pur- remaining retirement assets. [The bill was not available for print- chasers of qualified long-term care in- A recent study by the American ing. It will appear in a future edition of surance policies are permitted to de- Council for Life Insurance indicates the RECORD.] duct the premiums as part of their that long-term care insurance has the ∑ Mr. GRAHAM. Mr. President, I rise medical expenses. However, for tax- potential to significantly reduce future today, along with Senator GRASSLEY, payers other than the self-employed, out-of-pocket and Medicaid expendi- to introduce legislation designed to the tax code restricts the medical ex- tures for long-term care. If individuals protect our nation’s families hard- pense deduction to the portion of ex- are covered by long-term care insur- earned savings and ensure quality long- penses exceeding 7.5 percent of their in- ance, they are less likely to become term care. come—a threshold that bars the deduc- Medicaid beneficiaries, thus preserving Our nation has achieved great strides tion for 95 percent of non-self employed the individual’s savings and decreasing in the 20th century in delivering qual- people. government spending. This would also Kennedy-Kassebaum also precluded ity health care and improving the reinforce Medicaid’s intent of serving employees from purchasing long term standards of living of its citizens. Just as a safety net for those who are most care insurance on a pre-tax basis last year Congress added preventive needy. benefits to the Medicare program, through their employer. Specifically, the legislation prohibited the inclusion With the provisions in this legisla- thereby ensuring that Americans will tion, Americans can be more assured of have longer, more productive lives. In of long-term care insurance in em- a financially secure retirement.∑ fact, thanks to these developments life ployer-sponsored cafeteria plans and flexible spending accounts. Only if the expectancy has increased from 47 years By Mr. HARKIN: employer actually pays for the insur- in 1900 to 68 years in 1950, and has S. 2493. A bill to amend the Internal steadily increased to 76 years in 1991. ance can the employee obtain the cov- erage on a tax-free basis, but few em- Revenue Code of 1986 to allow a tax These tremendous advances in medi- credit for the nutrient management cine have also produced challenges be- ployers currently are willing to pay for the coverage. The result is that only a costs of animal feeding operations; to cause as more and more people live the Committee on Finance. longer, chances increase that they will small percentage of purchasers of long- experience chronic illnesses and dis- term care insurance can obtain the in- THE ANIMAL AGRICULTURE ENVIRONMENTAL INCENTIVES ACT OF 1998 ability. surance on a pre-tax basis. A three-year stay in a nursing home Second, long-term care insurance ∑ Mr. HARKIN. Mr. President, recently can cost upwards of $125,000. As a re- paid directly by the taxpayer is only we have seen growing concerns around sult, nearly half of all nursing home deductible if the individual both the country about the environmental residents who enter as privately-paying itemizes his or her deductions and al- problems associated with livestock, patients exhaust their personal savings ready has deductible medical expenses dairy and poultry production. Contin- and lose health insurance coverage dur- in excess of 7.5 percent of their ad- ued reports of manure spills, evidence ing their stay. Medicaid becomes many justed gross income. of water pollution from manure runoff, Suppose Mr. and Ms. Jones earn retirees’ last refuge of financial sup- and ongoing complaints about odor and $40,000 per year and want to purchase port. air pollution are creating increasing long-term care insurance. Under cur- Another challenge facing America in pressure on the livestock and poultry rent law, health and medical expenses the future will be the aging of the industry. are not deductible unless they exceed ‘‘baby boomers.’’ Unfortunately, many Last year, I introduced the Animal 7.5 percent of $40,000, which is $3,000. Agriculture Reform Act, the first legis- ‘‘baby boomers’’ are not planning for Suppose the premiums for long-term the future because they are pre- lation of its kind to call for national care insurance totaled $1,000. The environmental standards for animal occupied with more immediate con- Joneses would get no tax benefit from cerns. This portion of our population feeding operations. Just this week, the the deduction of the premiums unless U.S. Environmental Protection Agency represents more than half of all work- they already had $2,000 in other quali- ers and are the parents of 75% of the and the U.S. Department of Agri- fied medical expenses, and would not culture announced what they call a nation’s children under age 18. Child get the full benefit of the deduction un- care, housing expenses and saving for Draft Unified National Strategy for less they had $3,000 in other qualified Animal Feeding Operations. That is a their children’s college education tend expenses. big title, but what it boils down to is a to dominate their budgets. Even if they meet this threshold, the comprehensive, national plan for tack- Many Americans mistakenly believe Joneses still will not benefit from the that Medicare will pay for their long- current deduction unless their total ling the environmental problems of the term care needs. ‘‘Baby boomers’’ need itemized deductions—health and non- livestock and poultry industry. to understand the limitations of gov- health—exceed the standard deduction, The Administration’s Strategy looks ernment programs with regard to long- currently $6,900 for a married couple. a lot like my bill, so I think it is a term care. In reality, this program pri- It becomes clear that the current de- good start. The Strategy calls for man- marily focuses on hospital stays and duction for log-term care insurance datory nutrient management plans for physician visits. Without adequate pri- premiums is not providing a very larger operations and restrictions on vate insurance a significant number of strong incentive to prepare for one’s manure application to protect the envi- retirees are likely to deplete their as- health retirement. A recent survey ronment—those provisions are at the sets in order to receive essential long- shows that premium deductibility was heart of my bill and also are the focus term care. cited most frequently as the action of the EPA/USDA Strategy. Insurance products are available to that would make non-buyers more in- However, the Administration’s plan ensure that an individual’s long-term terested in long-term care insurance. is only a strategy and it must be imple- care needs are met. However, current Looking into the future, there are mented. We will still see manure spills, tax law establishes several obstacles to two key goals for retirement security: runoff and threatened waterways S10524 CONGRESSIONAL RECORD — SENATE September 17, 1998 around the country until we have bet- our environmental house in order. I do The first problem is that the law ef- ter management and better controls at believe that we can have both a fectively prevents satellite TV compa- animal feeding operations. healthy livestock industry and a sound nies from providing local network sta- One of the keys to getting this job environment, and I hope that the Con- tions to their subscribers. That ham- done, and to helping producers comply gress will act quickly to enact this tax pers the ability of satellite TV to com- with EPA regulations, is finding solu- credit to help producers get the tools pete effectively with cable TV and, by tions rather than imposing sanctions. they need to reach this goal. doing so, to check cable rate increases. That is why today I am introducing a Mr. President, I ask unanimous con- The second problem is that existing bill that would provide a 25 percent tax sent that the bill and a letter of en- law also forbids satellite TV providers credit to livestock producers to pur- dorsement from the NPPC be printed in from offering distant network stations chase equipment for new and innova- the RECORD. unless the subscriber happens to be lo- tive ways to process and use manure. There being no objection, the items cated beyond the reach of local net- The aim of my bill is to help produc- were ordered to be printed in the work stations. But the satellite compa- ers help themselves when it comes to RECORD, as follows: nies and their subscribers claim that manure management, particularly in [The bill was not available for print- the law’s definition of what constitutes circumstances where too much manure ing. It will appear in a future edition of decent off-air TV reception is too nar- is generated to be safely applied to the RECORD.] row. This has resulted in many situa- land. NATIONAL PORK tions in which consumers who cannot The tax credit would cover equip- PRODUCERS COUNCIL receive local network stations as a Washington, DC, September 16, 1998. ment that allows farmers to carefully Hon. TOM HARKIN, practical matter, are nevertheless re- apply only as much manure as their U.S. Senate, Hart Office Building, garded as being able to receive them, crops need, and equipment that proc- Washington, DC. as a legal matter. In many cases, sat- esses manure for safer handling, better DEAR SENATOR HARKIN: I’m writing on be- ellite TV providers are offering distant nutrient value, or alternative uses like half of the members of the National Pork network signals even though it’s actu- energy generation. This is the kind of Producers Council (NPPC) to express our ally illegal. This has led to litigation equipment that producers need to com- support for allowing livestock producers to and a court order that could cause ply more easily with nutrient manage- claim an income tax credit for innovative environmental management equipment. We more than a million satellite TV sub- ment plans, move manure more eco- believe the goal of any tax credit for live- scribers throughout the country to lose nomically to areas where crop land is stock manure handling practices and equip- their network TV within the next sev- available, or adopt alternative uses for ment should be to enhance the quality of eral weeks. manure. surface and ground water and the air. The Mr. President, we need to fix these The bottom line as I see it is that focus should be on those practices which are problems, and we need to fix them livestock, dairy and poultry producers an alternative to traditional storage and quickly. No satellite TV company in this country are going to face limits handling practices or which significantly im- should be forced to suddenly dis- on manure application. These limits prove the function of traditional storage and handling methods. continue any customer’s network TV are going to have a serious effect on Pork producers have been very aggressive service, and satellite TV companies some operations, and particularly in in the development of new regulations for should be able to provide their sub- certain regions of the country. their operations through the National Envi- scribers with local network TV sta- Of course, there are all kinds of oper- ronmental Dialogue on Pork Production rec- tions, just as cable TV companies can. ations that make up our livestock, ommendations. We recognize that sound en- The legislation being introduced dairy and poultry industry, and each vironmental management and compliance today is intended to strike a reason- producer needs an environmental solu- with new regulations will, in many cases, re- able balance between the competing in- tion that makes sense for that individ- quire producers to adopt and pay for new equipment. In an increasingly competitive terests of cable operators, broad- ual operation. world pork industry, such a tax credit will casters, and satellite TV providers, to Some producers have enough land to provide U.S. producers an important advan- enable satellite TV providers to offer apply all of their manure. For these tage in the rapid development of sustainable, network stations, to assure that no producers, up to date facilities and affordable production systems. satellite TV subscriber is unfairly de- careful management should be suffi- We look forward to working with you to prived of network TV service, to assure cient. For other producers, simple enact this important initiative. local broadcasters are not deprived of composting or efficient solid liquid sep- Sincerely, the support of their local audience, and DONNA REIFSCHNEIDER, aration may be the solution, so that President.∑ to make satellite TV a more effective solids can be transported more eco- competitive alternative to cable TV. nomically for off-site land application. By Mr. MCCAIN (for himself, Mr. This legislation will also require In still other situations, particularly LEAHY, Mr. HATCH, Mr. DEWINE, changes to the Copyright Act, the Sat- for very large operations or in regions and Mr. KOHL): ellite Home Viewers Act, and the Com- with intensive production, we may S. 2494. A bill to amend the Commu- munications Act. The distinguished need to adopt more advanced tech- nications Act of 1934 (47 U.S.C. 151 et Chairman of the Senate Judiciary nology. seq.) to enhance the ability of direct Committee, Senator HATCH, has devel- I believe that the bill I am introduc- broadcast satellite and other multi- oped legislation to give satellite TV ing today is just a first step along the channel video providers to compete ef- providers a compulsory copyright li- way to making the adoption of better fectively with cable television systems, cense enabling them to offer local TV technologies, whether low-tech and for other purposes; to the Commit- stations. I am also cosponsoring this composting or high-tech processing, tee on Commerce, Science, and Trans- legislation. more affordable for any size producer. portation. The bill I am introducing today will I want to thank the National Pork THE MULTICHANNEL VIDEO COMPETITION ACT OF be merged with Senator HATCH’s legis- Producers Council for its support of 1998 lation to provide a comprehensive and this tax credit initiative. The National ∑ Mr. MCCAIN. Mr. President, I in- workable solution to all these prob- Pork Producers have been far in front troduce legislation that will address lems. Let me briefly describe what my of the crowd in engaging policy makers two problems confronting the millions bill provides. at the national level and in working of Americans who subscribe to satellite My bill directs the Federal Commu- with pork producers to address envi- TV service. I am delighted to have Sen- nications Commission to straighten ronmental problems. I look forward to ators HATCH, LEAHY, DEWINE and KOHL out the rules governing satellite TV continuing to work with them on these as original co-sponsors. companies’ carriage of distant network issues. These two problems involve the legal TV stations, and provides guidelines Let me be clear that I want the live- and practical difficulties satellite TV for the Commission’s decision. It will stock industry to thrive in both Iowa providers currently face in providing also guarantee that no satellite TV and across the United States. But for network TV stations as part of their subscriber loses network stations be- our industry to flourish, we need to get service package. fore the FCC issues revised rules next September 17, 1998 CONGRESSIONAL RECORD — SENATE S10525 February. It will require that satellite age is a fair and comprehensive one. If By Mr. SPECTER: TV companies carry all local TV sta- we continue to work together, then S. 2496. A bill to designate the De- tions, just as cable systems must, when consumers will have real choices partment of Veterans Affairs medical it becomes feasible for them to do so. among video providers, and that tele- center in Aspinwall, Pennsylvania, as In the interim it will allow them to vision programming will be more avail- the ‘‘H. John Heinz III Department of carry fewer than all local stations as able and affordable for all of us. In ad- Veterans Affairs Medical Center’’; to long as they compensate any local sta- dition, we will help to preserve local the Committee on Veterans’ Affairs. tions that are not carried for any loss television stations, who provide all of H. JOHN HEINZ III VETERANS AFFAIRS MEDICAL of revenue the stations will suffer as a us with vital information like news, CENTER result. weather, and special events—especially Mr. SPECTER. Mr. President, today I During the last several weeks the sports. am introducing a bill to honor the Majority Leader, Senator LOTT, and I urge my colleagues to support these memory of Senator John Heinz by des- the Ranking Member of the Commerce bipartisan bills, which will move us to- ignating the Veterans Medical facility Committee, Senator FRITZ HOLLINGS, ward video competition in the next in Aspinwall, Pennsylvania, as the H. have worked tirelessly with the broad- millennium, and I hope we can enact John Heinz III Veterans Affairs Medi- cast and satellite industries to develop them as one before this Congress ad- cal Center. a compromise that will avoid the dis- journs in October.∑ Recognition of the distinguished ruption of satellite TV subscribers net- work of Senator Heinz has been memo- work TV service until this legislation By Mr. MOYNIHAN (for himself rialized in a variety of ways. This des- can be enacted into law. I would like to and Mr. D’AMATO): ignation of the Veterans Center pays recognize them for their efforts on be- S. 2495. A bill to establish the Kate tribute to his outstanding work for half of every member of the public who Mullany National Historic Site in the America’s veterans. Senator Heinz, a subscribes to multichannel video serv- State of New York, and for other pur- veteran himself, made many contribu- ice, whether by satellite or by cable. poses; to the Committee on Energy and tions to this nation and to America’s All of us should be grateful for their Natural Resources. veterans. leadership on this issue. THE KATE MULLANY NATIONAL HISTORIC SITE H. John Heinz III was born on Octo- I intend to hold hearings on the sta- ACT ber 23, 1938 in Pittsburgh, Pennsyl- tus of the parties efforts to reach a ∑ Mr. MOYNIHAN. Mr. President, it is vania. While he grew up in San Fran- compromise, and on the legislation with great pride, with my distin- cisco, California, he spent many sum- sponsored by Senator HATCH and my- guished colleague Senator D’AMATO, I mers in Pittsburgh with his father who self, next week. It is my hope that introduce the ‘‘Kate Mullany Historic was chairman of the H.J. Heinz Com- broadcasters and satellite TV providers Site Act,’’ a bill to designate the Troy, pany founded in 1869 by the Senator’s can reach a mutually-acceptable tem- New York home of pioneer labor orga- great-grandfather. John graduated porary agreement that will enable Sen- nizer Kate Mullany as a National His- from Yale University with honors in ator HATCH and myself to enact our toric Site. A similar measure intro- 1960 and piloted a single-engine plane comprehensive legislation as soon as duced in the House of Representatives through Africa and the Middle East, possible, and in any event no later than this year by Congressman MICHAEL R. ending up in Sydney, Australia work- early in the next Session of Congress.∑ MCNULTY has engendered a great deal ing as a salesman for a truck company. ∑Mr. KOHL. Mr. President, I support of support and cosponsorship by over He entered Harvard Business School in this measure, which will help create 100 members. 1961 and the following year worked for competition between satellite and Like many Irish immigrants settling the summer with the Union Bank of cable television. Read in tandem with in Troy, Kate Mullany found her oppor- Switzerland in Geneva. While in Swit- our Judiciary Committee proposal, it tunities limited to the most difficult zerland he met his future wife, Teresa offers the promise of a comprehensive and low-paying of jobs, the collar laun- Simoes Ferreira, who was attending solution that removes some of the dry industry. Troy was then known as graduate school in Geneva. He received roadblocks to true video competition. ‘‘The Collar City’’—the birthplace of his Master’s degree in Business Admin- Let me commend Senators MCCAIN, the detachable shirt collar. At the age istration from Harvard in 1963. HOLLINGS, HATCH, LEAHY, DEWINE and of 19, Kate stood up against the often After enlisting in the U.S. Air Force LOTT for their efforts, all of which were dangerous conditions and meager pay Reserve, John Heinz served on active instrumental in the creation of a com- that characterized the industry and duty in 1963 at Lackland Air Force prehensive package with a real chance lead a movement of 200 female laun- Base in San Antonio, Texas. For the re- to be enacted this year. dresses demanding just compensation mainder of his enlistment, he served Mr. President, let me explain why we and safe working conditions. These with the 911th Troop Carrier Group need to move on these measures before protests marked the beginning of the based at the Greater Pittsburgh Air- the opportunity passes us by. Consum- Collar Laundry Union, which some port. As an Airman Third Class, he re- ers want real choices. But they won’t have called ‘‘the only bona fide female ceived a U.S. Department of Defense ci- have a fair opportunity to choose be- labor union in the country.’’ tation for suggestions to improve the tween cable, satellite or other video Kate Mullany’s courage and organiz- management of parts and supplies, sav- systems if their network signals are, in ing skills did not go unnoticed. She ing the Air Force $400,000 annually. essence, separate and unequal. later traveled down the Hudson River With the rank of staff sergeant, he re- The legislation that the Judiciary to lead women workers in the sweat- ceived an honorable discharge from the and Commerce Committees have been shops of New York City and was ulti- Air Force Reserves in 1969. working on together would eliminate mately appointed Assistant Secretary In 1964, John Heinz served as a spe- this problem. They extend the Satellite of the then National Labor Union, be- cial assistant to Senator Hugh Scott Home Viewer Act, give satellite car- coming the first women ever appointed (R-PA) in Washington, D.C. and as as- riers the ability to provide local tele- to a national labor office. sistant campaign manager in Senator vision broadcast signals (while appro- On April 1, 1998, Kate Mullany’s home Scott’s successful reelection bid. Re- priately phasing in must-carry), reduce was designated as a National Historic turning to Pittsburgh, he was em- the royalty fees for these signals, give Landmark by Secretary of the Interior ployed in the financial and marketing the FCC time to take a much-needed Bruce Babbitt and on July 15 First divisions of the H.J. Heinz Company second look at the definition of Lady Hillary Rodham Clinton pre- from 1965 to 1970. He married Teresa in ‘‘unserved households,’’ and make sure sented citizens of Troy with the Na- 1966, and they subsequently had three no one—no one—is terminated before tional Historic Landmark plaque in a sons: Henry John IV, Andre, and Chris- February 28th of next year. celebration. Given the recent attention topher. He taught at the Graduate Mr. President, these bills are not per- to the contributions of Kate Mullany, I School of Industrial Administration at fect pieces of legislation. And we invite am quite pleased to introduce this bill Carnegie Mellon University in Pitts- the interested parties to work with us with my colleague Senator D’AMATO burgh during the 1970–71 academic to improve them. But the overall pack- today.∑ year. S10526 CONGRESSIONAL RECORD — SENATE September 17, 1998 Senator Heinz was a stalwart of the Senator Heinz and I made it a prac- ADDITIONAL COSPONSORS Republican Party, contributing gener- tice to inform and invite the other to S. 852 ously of his time, talents and efforts by all of our events. On April 3, 1991, our At the request of Mr. LOTT, the name campaigning for others. He was active paths crossed in Altoona, Pennsyl- of the Senator from Colorado (Mr. AL- in the campaigns of Governor William vania, where he had scheduled a meet- LARD) was added as a cosponsor of S. Scranton for the Republican Presi- ing with a group of doctors. I accepted 852, a bill to establish nationally uni- dential nomination in 1964, Judge Mau- his invitation and recall his warm form requirements regarding the ti- rice B. Cohill for Juvenile Court in greeting when Joan and I arrived to tling and registration of salvage, non- 1965, Richard L. Thornburgh for Con- join the discussion. He kissed Joan on repairable, and rebuilt vehicles. gress in 1966, Robert Friend for County the cheek and joked with me about S. 1805 Controller in 1967, and John Tabor for calling her ‘‘blondie.’’ We parted that At the request of Mr. KENNEDY, the Mayor in 1969. He chaired the Pennsyl- day and that was the last time I saw name of the Senator from Oregon (Mr. vania Republican platform committee John Heinz because he had the fatal air WYDEN) was added as a cosponsor of S. hearings in 1968, won election as a dele- crash the next day, April 4, 1991, in a 1805, a bill to amend the Fair Labor gate at the Republican National Con- small plane from Williamsport, Penn- Standards Act of 1938 to increase the vention in the same year (and again in sylvania, to Philadelphia. Federal minimum wage. 1972, 1976, and 1980), and chaired the S. 1976 Pennsylvania Republican State Plat- Senator Heinz was an extraordinary man and a great Senator. The designa- At the request of Mr. LAUTENBERG, form Committee in 1970. his name was added as a cosponsor of Upon the sudden death in April 1971 tion of the Veterans Medical Center in S. 1976, a bill to increase public aware- of Congressman Robert J. Corbett (R- Aspinwall, Pennsylvania, is an appro- ness of the plight of victims of crime PA), John Heinz pursued the unexpired priate additional tribute to his mem- ory. with developmental disabilities, to col- term and won, making him the young- lect data to measure the magnitude of Senator Heinz’ work on behalf of the est Republican member of the U.S. the problem, and to develop strategies House of Representatives at 33 years citizens of Pennsylvania, young and to address the safety and justice needs old. In November 1972 and 1974, John old, will long be remembered. He was a of victims of crime with developmental Heinz was re-elected to the House. tireless advocate for seniors, working disabilities. When Senator Hugh Scott announced to ensure the long-term viability of the S. 2022 his retirement in December 1975, Sen- Social Security system. He fought to At the request of Mr. LAUTENBERG, ator Heinz, George Packer and I ran for protect Medicare and Medicaid pa- his name was added as a cosponsor of the Republican nomination for U.S. tients. He authored the Age Discrimi- S. 2022, a bill to provide for the im- Senate in the April 1976 primary. After nation and Employment Amendments provement of interstate criminal jus- Senator Heinz won that primary con- of 1985, protecting the employment tice identification, information, com- test, I endorsed him at a major rally in rights of our nation’s seniors. He au- munications, and forensics. September 1976 in Delaware County at thored a bill to strengthen the U.S. job S. 2041 the kick off of his campaign in South- training program for displaced veter- At the request of Mr. SMITH, the eastern Pennsylvania. Senator Heinz ans in the work force. For military name of the Senator from Oregon (Mr. defeated Congressman William J. families, he worked to ensure that the WYDEN) was added as a cosponsor of S. Green III and took his seat in the children of service members were ade- 2041, a bill to amend the Reclamation United States Senate on January 3, quately cared for. He worked on behalf Wastewater and Groundwater Study 1977. of U.S. workers and businesses in an in- and Facilities Act to authorize the Sec- In his capacity as Chairman of the creasingly international marketplace. Republican Senatorial Campaign Com- retary of the Interior to participate in He also played an important role in en- the design, planning, and construction mittee, Senator Heinz gave me tremen- suring appropriate environmental pro- of the Willow Lake Natural Treatment dous support and was instrumental in tections in Pennsylvania and across System Project for the reclamation my election to the United States Sen- the nation. John Heinz had a remark- and reuse of water, and for other pur- ate in November 1980. able career of public service. Thereafter, Senator Heinz and I es- poses. tablished a very close friendship and As Chairman of the Senate Commit- S. 2148 working relationship. Although I can- tee on Veterans’ Affairs, I ask my col- At the request of Mr. HATCH, the not personally attest to all other Sen- leagues to support this measure nam- name of the Senator from Arkansas ate relationships, I believe that our co- ing the Department of Veterans Affairs (Mr. HUTCHINSON) was added as a co- operation and coordination was as Medical Center in Aspinwall, Pennsyl- sponsor of S. 2148, a bill to protect reli- close as any two Senators from the vania, after our departed colleague, gious liberty. same state in the Senate’s history. Senator H. John Heinz III. S. 2233 When one of us was unable to attend Mr. President, I ask unanimous con- At the request of Mr. CONRAD, the a specific event, the other was always sent that the text of the bill be printed names of the Senator from Nevada (Mr. ready, willing and able to take his in the RECORD. REID) and the Senator from Wyoming (Mr. THOMAS) were added as cosponsors place. We discussed the pending inter- There being no objection, the bill was national, national and state issues in- of S. 2233, a bill to amend section 29 of ordered to be printed in the RECORD, as the Internal Revenue Code of 1986 to cessantly. On the late night sessions, follows: and there were many, I would drive extend the placed in service date for John home in my aging Jaguar leaving S. 2496 biomass and coal facilities. him off in the alley behind his home in Be it enacted by the Senate and House of Rep- S. 2323 Georgetown. resentatives of the United States of America in At the request of Mr. GRASSLEY, the On one occasion in 1982 we had a Congress assembled, name of the Senator from Kansas (Mr. ROBERTS) was added as a cosponsor of lengthy discussion about the upcoming SECTION 1. DESIGNATION OF H. JOHN HEINZ IN vote the next day on a constitutional DEPARTMENT OF VETERANS AF- S. 2323, a bill to amend title XVIII of amendment for a balanced budget. I FAIRS MEDICAL CENTER, the Social Security Act to preserve ac- laid out my reasons for opposing the ASPINWALL, PENNSYLVANIA. cess to home health services under the amendment and John gave me his rea- The Department of Veterans Affairs medi- medicare program. sons for supporting it. I found his argu- cal center in Aspinwall, Pennsylvania, is S. 2346 ments so persuasive that I voted for hereby designated as the ‘‘H. John Heinz III At the request of Mr. ALLARD, the the constitutional amendment for the Department of Veterans Affairs Medical Cen- name of the Senator from Utah (Mr. ter’’. Any reference to such medical center in balanced budget the next day. I was any law, regulation, map, document, record, HATCH) was added as a cosponsor of S. surprised to find that he voted against or other paper of the United States shall be 2346, a bill to amend the Internal Reve- it. We had a good laugh on that ex- considered to be a reference to the ‘‘H. John nue Code of 1986 to expand S corpora- change of views and our reciprocal Heinz III Department of Veterans Affairs tion eligibility for banks, and for other change of positions. Medical Center’’. purposes. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10527 S. 2364 Resolved, of the Interior, and to consider any At the request of Mr. CHAFEE, the SECTION 1. SENSE OF THE SENATE REGARDING A other pending nominations which are names of the Senator from Michigan REFERENDUM ON THE FUTURE PO- ready for consideration before the LITICAL STATUS OF PUERTO RICO. (Mr. LEVIN) and the Senator from New Committee. It is the sense of the Senate that— The PRESIDING OFFICER. Without Jersey (Mr. TORRICELLI) were added as (1) the Senate supports and recognizes the cosponsors of S. 2364, a bill to reauthor- right of United States citizens residing in objection, it is so ordered. ize and make reforms to programs au- Puerto Rico to express democratically their COMMITTEE ON ENVIRONMENT AND PUBLIC thorized by the Public Works and Eco- views regarding their future political status WORKS nomic Development Act of 1965. through a referendum or other public forum, Mr. SANTORUM. Mr. President, I and to communicate those views to the S. 2432 ask unanimous consent that the full President and Congress; and Committee on Environment and Public At the request of Mr. HARKIN, the (2) the Federal Government should review name of the Senator from Maryland Works be granted permission to con- any such communication. duct a hearing on the General Services (Ms. MIKULSKI) was added as a cospon- f sor of S. 2432, a bill to support pro- Administration FY99 Capital Invest- grams of grants to States to address SENATE RESOLUTION 280—DIRECT- ment and Leasing Program, on the the assistive technology needs of indi- ING THE PRINTING AS A SENATE FY99 courthouse construction requests viduals with disabilities, and for other DOCUMENT OF A COMPILATION of the Administrative Office of the U.S. purposes. OF MATERIALS ENTITLED ‘‘HIS- Courts, and proposed legislation deal- ing with public buildings reform Thurs- SENATE RESOLUTION 257 TORY OF THE UNITED STATES SENATE COMMITTEE ON AGRI- day, September 17, 9:00 a.m., Hearing At the request of Mr. MURKOWSKI, the Room (SD–406). names of the Senator from Ohio (Mr. CULTURE, NUTRITION, AND FOR- ESTRY’’ The PRESIDING OFFICER. Without DEWINE), the Senator from Pennsyl- objection, it is so ordered. PECTER vania (Mr. S ), and the Senator Mr. LUGAR (for himself and Mr. COMMITTEE ON FOREIGN RELATIONS from New Jersey (Mr. LAUTENBERG) HARKIN) submitted the following reso- Mr. SANTORUM. Mr. President I ask were added as cosponsors of Senate lution; which was considered and unanimous consent that the Commit- Resolution 257, a resolution expressing agreed to: tee on Foreign Relations be authorized the sense of the Senate that October 15, S. RES. 280 to meet during the session of the Sen- 1998, should be designated as ‘‘National Resolved, ate on Thursday, September 17, 1998 at Inhalant Abuse Awareness Day.’’ SECTION 1. PRINTING OF HISTORY OF THE 10:00 a.m. to hold a hearing. SENATE RESOLUTION 259 UNITED STATES SENATE COMMIT- The PRESIDING OFFICER. Without At the request of Mr. THURMOND, the TEE ON AGRICUTURE, NUTRITION, objection, it is so ordered. AND FORESTRY. name of the Senator from Texas (Mrs. The Public Printer shall print— COMMITTEE ON GOVERNMENTAL AFFAIRS HUTCHISON) was added as a cosponsor of (1) as a Senate document a compilation of Mr. SANTORUM. Mr. President, I Senate Resolution 259, a resolution des- materials, with illustrations, entitled ‘‘His- ask unanimous consent on behalf of the ignating the week beginning Septem- tory of the United States Senate Committee Governmental Affairs Committee to ber 20, 1998, as ‘‘National Historically on Agriculture, Nutrition, and Forestry’’; meet on Thursday, September 17, 1998, Black Colleges and Universities Week,’’ and at 10:00 a.m., for a hearing on the nomi- and for other purposes. (2) 100 copies of the document in addition nations of Kenneth Prewitt, to be Di- to the usual number. f rector of the Bureau of the Census, and f Robert ‘‘Mike’’ Walker, to be Deputy SENATE RESOLUTION 279—EX- Director of the Federal Emergency PRESSING THE SENSE OF THE AMENDMENTS SUBMITTED Management Agency. SENATE SUPPORTING THE RIGHT [Amendments submitted for the The PRESIDING OFFICER. Without OF THE UNITED STATES CITI- RECORD are transmitted electronically; objection, it is so ordered. ZENS IN PUERTO RICO TO EX- data was not available at time of print- PRESS THEIR DESIRES REGARD- COMMITTEE ON THE JUDICIARY ing. This data will be printed in the Mr. SANTORUM. Mr. President, I ING THEIR FUTURE POLITICAL next issue of the RECORD.] ask unanimous consent that the Com- STATUS f mittee on the Judiciary, be authorized Mr. TORRICELLI (for himself, Mr. AUTHORITY FOR COMMITTEES TO to hold an executive business meeting D’AMATO, Mr. MURKOWSKI, Mr. CRAIG, MEET during the session of the Senate on Mr. AKAKA, Mr. LAUTENBERG, Mr. Thursday, September 17, 1998, at 9:30 GRAHAM, Mr. DASCHLE, Ms. LANDRIEU, COMMITTEE ON COMMERCE, SCIENCE, AND a.m., in room SD226, of the Senate Mr. LIEBERMAN, Mr. HATCH, Mr. DOMEN- TRANSPORTATION Dirksen Office Building. ICI, Mr. STEVENS, Mr. BENNETT, and Mr. Mr. SANTORUM. Mr. President, I The PRESIDING OFFICER. Without HARKIN): submitted the following reso- ask unanimous consent that the Sen- objection, it is so ordered. lution; which was considered and ate Committee on Commerce, Science, COMMITTEE ON THE JUDICIARY agreed to: and Transportation be authorized on Mr. SANTORUM. Mr. President, I S. RES. 279 Thursday, September 17, 1998, at 9:30 ask unanimous consent that the Com- Whereas nearly 4,000,000 United States citi- a.m. on China Technology Transfer. mittee on the Judiciary, be authorized zens live in the island of Puerto Rico; The PRESIDING OFFICER. Without to hold an executive business meeting Whereas 1998 marks the centenary of the objection, it is so ordered. during the session of the Senate on acquisition of the island of Puerto Rico from COMMITTEE ON ENERGY AND NATURAL Thursday, September 17, 1998, at 10:00, Spain; RESOURCES in room SD226, of the Senate Dirksen Whereas in 1917 the United States granted Mr. SANTORUM. Mr. President, I Office Building. United States citizenship to the inhabitants ask unanimous consent that the Com- The PRESIDING OFFICER. Without of Puerto Rico; Whereas since 1952, Puerto Rico has exer- mittee on Energy and Natural Re- objection, it is so ordered. cised local self-government under the sov- sources be granted permission to meet COMMITTEE ON LABOR AND HUMAN RESOURCES ereignty of the United States and subject to during the session of the Senate on Mr. SANTORUM. Mr. President, I the provisions of the Constitution of the Thursday, September 17, for purposes ask unanimous consent that the Com- United States and other Federal laws appli- of conducting a full committee hearing mittee on Labor and Human Resources cable to Puerto Rico; which is scheduled to begin at 10:00 be authorized to meet for a hearing on Whereas the Senate supports and recog- a.m. The purpose of this hearing is to Professional Development: Incorporat- nizes the right of United States citizens re- consider the nominations of Gregory H. siding in Puerto Rico to express their views ing Advances in Teaching during the regarding their future political status; and Friedman to be Inspector General of session of the Senate on Thursday, Whereas the political status of Puerto Rico the Department of Energy; Charles G. September 17, 1998, at 10:00 a.m. can be determined only by the Congress of Groat to be Director of the United The PRESIDING OFFICER. Without the United States: Now, therefore, be it States Geological Survey, Department objection, it is so ordered. S10528 CONGRESSIONAL RECORD — SENATE September 17, 1998 SPECIAL COMMITTEE ON THE YEAR 2000 boundary, and for other purposes; a balanced system for amendment, TECHNOLOGY PROBLEM S. 2247, a bill to permit the payment of guarding ‘‘equally against that ex- Mr. SANTORUM. Mr. President, I medical expenses incurred by the treme facility, which would render the ask unanimous consent that the Spe- United States Park Police in the per- Constitution too mutable, and that ex- cial Committee on the Year 2000 Tech- formance of duty to be made directly treme difficulty, which might perpet- nology Problem be permitted to meet by the National Park Service, and for uate its discovered faults.’’ The Con- on September 17, 1998 at 9:30 a.m. for other purposes; S. 2248, a bill to allow stitution is profoundly conservative, in the purpose of conducting a hearing. for waiver and indemnification in mu- the best sense of that word. As Madison The PRESIDING OFFICER. Without tual law enforcement agreements be- expressed in Federalist No. 49: objection, it is so ordered. tween the National Park Service and a [A]s every appeal to the people would carry SUBCOMMITTEE ON FORESTS AND PUBLIC LAND State or political subdivision, when re- an implication of some defect in govern- MANAGEMENT quired by State law, and for other pur- ment, frequent appeals would, in great meas- Mr. SANTORUM. Mr. President, I poses, S. 2285, the Women’s Progress ure, deprive the government of that vener- ask unanimous consent that the Sub- Commemoration Act; S. 2297, a bill to ation which time bestows on everything and committee on Forests and Public Land provide for the distribution of certain without which perhaps the wisest and freest Management of the Committee on En- publication in units of the National governments would not possess the requisite ergy and Natural Resources be granted Park System under a sales agreement stability. permission to meet during the session between the Secretary of the Interior It is remarkable that although some of the Senate on Thursday, September and a private contractor; S. 2309, the 11,000 constitutional amendments have 17, for purposes of conducting a sub- Gateway Visitor Center Authorization been offered in our history, and more committee hearing which is scheduled Act of 1998; S. 2401, a bill to authorize than 100 in the 105th Congress alone, to begin at 2:00 p.m. The purpose of the addition of the Paoli Battlefield the elected representatives in Congress this hearing is to receive testimony on site in Malvern, Pennsylvania, to Val- and in the States have adopted only 17 S. 2385, a bill to establish the San ley Forge National Historical Park, since the original Bill of Rights. We Rafael Swell National Heritage Area and H.R. 2411, a bill to provide for a have rejected many amendments that and the San Rafael National Conserva- land exchange involving the Cape Cod seemed to be good ideas at the time, tion Area in the State of Utah. National Seashore and to extend the but which on further reflection proved The PRESIDING OFFICER. Without authority for the Cape Cod National to be unnecessary. We have found that objection, it is so ordered. Seashore Advisory Commission. we could achieve the same results by SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC The PRESIDING OFFICER. Without statute, or have on sober reflection rec- PRESERVATION AND RECREATION objection, it is so ordered. ognized that the amendments would Mr. SANTORUM. Mr. President, I f have been mere symbolic gestures. We ask unanimous consent that the Sub- ADDITIONAL STATEMENTS have avoided turning the Constitution committee on National Parks, Historic into a mere bulletin board on which we Preservation and Recreation of the ‘‘send a message.’’ We have respected it Committee on Energy and Natural Re- 211TH ANNIVERSARY OF THE and, most importantly, we have re- sources be granted permission to meet SIGNING OF THE CONSTITUTION sisted the temptation to limit the fun- during the session of the Senate on ∑ Mr. LEAHY. Mr. President, this is a damental freedoms of Americans. We Thursday, September 17, for purposes great date in the history not only of have rejected the temptation to erode of conducting a subcommittee hearing the United States, but of all free peo- the Bill of Rights. which is scheduled to begin at 2:00 p.m. ple, and of all people who would be free. I cannot ignore the fact that Con- The purpose of this hearing is to re- On September 17, 1787, a small group of gress and the States did succumb once ceive testimony on S. 1175, a bill to re- truly remarkable Americans gathered to what looked like a good idea with- authorize the Delaware Water Gap Na- to sign one of the greatest documents out carefully considering the con- tional Recreation Area Citizen Advi- in all of human history, the Constitu- sequences of their action. The eight- sory Commission for 10 additional tion of the United States. eenth amendment imposed prohibition years; S. 1641, a bill to direct the Sec- George Washington signed it as the and conjured up a swarm of gangsters, retary of the Interior to study alter- President of the Constitutional Con- bootlegging, and wholesale disobe- natives for establishing a national his- vention and deputy from Virginia. The dience of the law. It was a bad idea toric trail to commemorate and inter- names of other signers are familiar to that had to be undone by another con- pret the history of women’s rights in all Americans: Benjamin Franklin, stitutional amendment. We should re- the United States; S. 1960, a bill to James Madison and Alexander Hamil- gard the eighteenth amendment as a allow the National Park Service to ac- ton. Other names should be more famil- reminder that we should go slow, and quire certain land for addition to the iar than they are, names like Morris stop and consider carefully all of the Wilderness Battlefield, as previously and Pinkney and Dickinson and Rut- implications of any change before we authorized by law, by purchase or ex- ledge. put it in the Constitution. change as well as by donation; S. 2086, a We owe them a great debt. They have I submit that the Constitution of the bill to revise the boundaries of the given us a firm foundation on which United States is a good document—not George Washington birthplace National has been built our great and abiding a sacred text—but as good a law as has Monument; S. 2133, a bill to designate stability. Even when this Nation was been written. That is why it has sur- former United States Route 66 as torn by a terrible fight over the insti- vived as the supreme law of the land ‘‘America’s Main Street’’ and authorize tution of slavery, the Constitution al- with so few alterations throughout the the Secretary of the Interior to provide lowed us to recover with amazing last 200 years. assistance; S. 2239, a bill to revise the speed, become one Nation again, and boundary of Fort Matanzas National avoid the generations of smoldering It has contributed to our success as a Monument, and for other purposes; conflict that afflict so many other Nation by binding us together, rather S. 2240, a bill to establish the Adams countries. than tearing us apart. It contains the National Historical Park in the Com- Our Constitution is at once solid and Great Compromise that allowed small monwealth of Massachusetts, and for flexible. It can and has been amended States and large States to join to- other purposes; S. 2241, a bill to provide from time to time to improve the ma- gether in a spirit of mutual accommo- for the acquisition of lands formerly chinery of government and to expand dation and respect. It embodies the occupied by the Franklin D. Roosevelt the rights that citizens enjoy. protections that make real the pro- family at Hyde Park, New York, and Throughout our history we have sought nouncements in our historic Declara- for other purposes; S. 2246, a bill to to follow Madison’s wise advice to tion of Independence and give meaning amend the Act which established the limit amendments to ‘‘certain great to our inalienable rights to life, liberty Frederick Law Olmsted National His- and extraordinary occasions.’’ and the pursuit of happiness. toric Site, in the Commonwealth of In Federalist No. 43, James Madison The Constitution requires due proc- Massachusetts, by modifying the wrote that the Constitution establishes ess and guarantees equal protection of September 17, 1998 CONGRESSIONAL RECORD — SENATE S10529 the law. It protects our freedom of SCHOOL MODERNIZATION TAX another 16 states, and many of these thought and expression, our freedom to INCENTIVES lawsuits appear likely to result in worship or not as we each choose, and Ms. MOSELEY-BRAUN. Mr. Presi- higher state and local taxes as well. our political freedoms, as well. It is the dent, today, 39 of my olleagues and I The Senate has an opportunity this basis for our fundamental right of pri- are sending a letter to the Senate Ma- year to break this cycle of crumbling schools and higher local taxes. We have vacy and for limiting government’s in- jority Leader, Senator LOTT, and the trusions and burdens in our lives. chairman of the Senate Finance Com- an opportunity to create a new part- nership between the federal govern- I oppose what I perceive to be a grow- mittee, Senator ROTH, urging them to ing fascination with laying waste to include school modernization tax in- ment, states, and communities to im- our Constitution and the protections centives in any tax legislation consid- prove our schools. We can do this in a that have served us well for over 200 ered by the Senate this year. While we way that does not reduce the projected budget surplus, which is properly being years. The First Amendment, separa- may have different positions on the ad- reserved for Social Security, and in a tion of powers and power of the purse visability of enacting such legislation, way that maintains continued fiscal should be supported and defended. and different positions on what that When we embarked in this Congress, discipline. legislation should include, we are In last year’s Taxpayer Relief Act, we each swore an oath to support and united in believing that any tax legis- the Congress took the first steps to- defend the Constitution. That is our lation must include significant relief ward the creation of this new partner- duty to those who forged this great for communities seeking to rebuild and ship, when it enacted the Qualified document, our responsibility to those modernize their schools. Zone Academy Bond program. Under who sacrificed to protect and defend This month, according to a recent re- this program, school districts issue our Constitution, our commitment to port from the Department of Edu- zero-interest bonds, and purchasers of our constituents and our legacy to cation, a record number of students are these bonds receive federal income tax those who will succeed us. pouring into our nation’s classrooms. credits in lieu of interest. This mecha- The Framers gave us a remarkable 52.7 million children enrolled in ele- nism can cut the cost of major school document, an extraordinary system of mentary and secondary schools this improvements by 30 to 50 percent. In government and protections for our in- year, a 500,000 student increase from Chicago, the school system will pres- dividual liberties. So I celebrate this last year. Ten years from now, accord- ently issue $14 million worth of these day, not with the parades or fireworks ing to the report, enrollment is ex- bonds for a school renovation project. of the Fourth of July, but with solemn pected to reach 54.3 million. We cannot By using these bonds instead of regular consideration of how the Framers guar- continue to pack these children into municipal bonds, the school system anteed our freedom through checks on today’s schools. We need to build an es- will save Chicago taxpayers $7 million government power. Most of all, I mark timated 6,000 new schools over the next in interest costs. In other words, this this day with a renewed commitment 10 years just to keep up with rising en- project will cost $14 million, instead of to cherish and to protect this most pre- rollment. $21 million. cious of legacies, to resist easy amend- In addition, the U.S. General Ac- I propose that we use the same mech- ments, to resist assaults on our Bill of counting Office has documented $112 anism to facilitate school improve- Rights, and to preserve the Constitu- billion worth of deferred maintenance ments nationwide. According to the tion for our children and grand- and neglect of existing school build- Joint Committee on Taxation, we can children.∑ ings. It will cost $112 billion nation- supply $22 billion worth of these special wide—$13 billion in Illinois alone—to f bonds to states and communities at a bring existing school buildings up to cost of only $3.3 billion to the federal WOMEN’S ST. CLAIR SHORES CIVIC good, overall condition. That is not the treasury over the next five years. That LEAGUE 60TH ANNIVERSARY cost of equipping them with new com- $3.3 billion cost actually represents tax puters, or even of retrofitting them so relief for purchasers of these school ∑ Mr. ABRAHAM. Mr. President, I rise teachers have a place to plug in new modernization bonds. Under this plan, today to honor the St. Clair Shores computers. That is just the cost of communities get better schools and Civic League, in St. Clair Shores, bringing existing buildings up to good, children get a better education; local Michigan on its 60th Anniversary. The overall condition. property taxpayers and federal income mission of the League, ‘‘to maintain a Crumbling and overcrowded schools taxpayers get lower bills. This is the high standard of civic life . . . by ac- are found in every type of community, kind of innovative partnership we need tivities designed to stimulate citizen all across the nation. The GAO found to rebuild and modernize our schools participation in government and to that 38 percent of urban schools, 30 per- for the 21st century. promote the cultural growth of the cent of rural schools, and 29 percent of Last week, President Clinton, Vice city’’ is very respectable and has led suburban schools are crumbling down President GORE, governors, members of the organization to be very successful. around our children. Congress, cabinet members, parents, The Women’s St. Clair Shores Civic The problem is so pervasive because teachers, and school officials gathered League has grown tremendously over it is a symptom of our failed school fi- at 84 sites around the country to focus the course of over six decades. The nance structure. For more than 100 attention on the urgent need to create committee of six women that eventu- years, we have relied on local property a new partnership to modernize our ally became the League, was formed in taxes to finance our schools. This sys- schools. Speaking at a school in Mary- 1930 to aid the youth of the community tem may have made sense when the na- land, President Clinton said our ‘‘chil- and assist in civic improvements. In an tion’s wealth was held and measured in dren deserve schools that are as mod- effort to better handle their increasing terms of property, but it does not make ern as the world in which they will tasks, the committee became the Wom- sense today. live.’’ He went on to say that, ‘‘Nothing en’s St. Clair Shores Civic League in According to the GAO, our school fi- we do will have a greater effect on the 1939. Some the League’s projects over nance system actually militates future of this country than guarantee- the years have included consolidating against most communities’ best efforts ing every child, without regard to race three school districts, building a mu- to improve their schools. In 35 states, or station in life or region in this coun- nicipal park, and incorporating St. poor districts have higher tax rates try, a world-class education. Nothing.’’ Clair Shores. These achievements, few than wealthy districts, but raise less That statement could not be more among many, are testament to the de- revenue because of lower property val- true. The rungs on the ladder of oppor- votion and hard work of the Women’s ues. tunity in America have always been St. Clair Shores Civic League. In 11 states, courts have actually de- crafted in the classroom, and in the I am proud to congratulate this spe- clared school finance systems unconsti- emerging global economy, the impor- cial organization on 60 years. The tutional. In nearly every case, states tance of education continues to grow. Women’s St. Clair Shores Civic League have complied by raising property or As H.G. Wells noted, ‘‘Human history will undoubtedly enjoy continued suc- sales taxes to fund school improve- becomes more and more a race between cess.∑ ments. Similar litigation is pending in education and catastrophe.’’ S10530 CONGRESSIONAL RECORD — SENATE September 17, 1998 As we approach the 21st century, we ship between the federal government, States, Assistant Attorney General Joel are faced with the real problem that and communities to improve the learning en- Klein, head of the Justice Depart- too many of our schools do not provide vironment for our children—our economy’s ment’s Antitrust Division, has declare most precious asset. We believe this objec- the kind of learning environment nec- tive can be accomplished in a manner that war on success in the name of antitrust essary to educate our children for a does not reduce the projected budget surplus, law. According to Joel Klein’s world competitive, global economy. Studies which is properly being reserved for Social view, it is the duty of the United have proven a correlation between Security, and that maintains continued fis- States government to protect not the building conditions, student achieve- cal discipline. consumer but the company that cannot ment, student discipline. The fact is, The condition of school facilities has been compete on its own merits. our children cannot learn in schools found to have a direct effect on student be- havior and achievement. By helping States Mr. Klein has made his ambition that are falling down around them. and communities rebuild and modernize abundantly clear. When he testified be- I hope the Congress can use the re- their schools, the federal government can fore the Senate Judiciary Committee maining time we are in session, short make a constructive contribution to the in June he said, ‘‘We reject categori- as it may be, to create a school mod- quality of education in America, while help- cally the notion that markets will self- ernization partnership that will carry ing to free resources at the local level for correct and we should sit back and our children into the next century. I other school initiatives or much-deserved watch.’’ Instead, Mr. Klein believes the look forward to working with my col- property and sales tax relief. This subject has been of growing concern government should control every move leagues on both sides of the aisle to en- to us in recent years. Earlier proposals to of America’s most successful and inno- sure that our plan is a part of any tax commit federal resources to address this vative companies. legislation considered this year. problem have been unsuccessful, and it has According to a recent Gallup poll, 86 become clear that needed assistance to What candidate for president ran on percent of adults support providing fed- schools will only be acceptable to a majority this platform? The American people eral funds to repair and replace older of Senators if it is in the form of tax relief. were not informed that free markets school buildings. That figure suggests Therefore, as the Senate considers tax legis- were to be abandoned as our principal lation this year, we look forward to working that the American people want Con- economic guide. Instead of allowing with you to provide substantial tax relief the best man, or in this case the best gress to put aside partisanship and ide- targeted to the rebuilding and modernizing ology and work together to help im- of our nation’s schools. company, to win, the Justice Depart- prove our schools. I hope we won’t let Sincerely, ment wants to control the market and them down. Carol Moseley-Braun, Ted Kennedy, dole out slices of it to companies of its Mr. President, I ask that the text of Patty Murray, John F. Kerry, Robert choice. the letter to Senator LOTT be printed Torricelli, Tom Daschle, Fritz Hol- lings, Charles Robb, Chris Dodd, Dale This is anathema to the free market, in the RECORD. An identical copy of the Bumpers. Mr. President. letter has been sent to Senator ROTH. Max Cleland, Daniel Akaka, Joseph The text of the letter follows: The Department’s case, after all, is Lieberman, Byron L. Dorgan, Frank R. merely an attempt to give Netscape U.S. SENATE, Lautenberg, Paul S. Sarbanes, Dianne and other Microsoft rivals a leg up in Washington, DC, September 17, 1998. Feinstein, Carl Levin, Mary L. Hon. TRENT LOTT, Landrieu, Tom Harkin, Kent Conrad, the ongoing battle for market share in Majority Leader, U.S. Senate, Washington, DC. Jeff Bingaman, Barbara A. Mikulski, the software industry. Microsoft has DEAR MR. LEADER: As you know, the House Tim Johnson, Harry Reid, Herb Kohl, earned its current prominence in the and Senate have each passed fiscal year 1999 Barbara Boxer, John Glenn. software industry through hard work, Budget Resolutions calling for the enact- Daniel K. Inouye, Jack Reed, Wendell innovation, and consumer choice. The ment of substantial tax relief legislation. We Ford, Dick Durbin, Richard H. Bryan, company has been successful because it believe that any such legislation should in- Max Baucus, Paul Wellstone, Jay has had better ideas and more efficient clude major tax relief for communities seek- Rockefeller, Bob Kerrey, John Breaux, means of turning those ideas into supe- ing to rebuild and modernize their school fa- Patrick Leahy, Ron Wyden. ∑ rior products. Consumers in the United cilities. f The problem of crumbling and overcrowded States and throughout the world sim- schools has grown too large and is too impor- THE DEPARTMENT OF JUSTICE’S ply prefer Microsoft products. tant for Congress to ignore. According to the WAR AGAINST CAPITALISM But jealous rivals who have not U.S. General Accounting Office (GAO), it will Mr. GORTON. Mr. President, few of cost $112 billion just to bring existing reached the same level of success have schools up to good, overall condition. In ad- my colleagues would dispute the notion now enlisted the Justice Department dition, the Department of Education reports that capitalism is the foundation of to give them what they and the Admin- that the nation’s school districts will need to America’s economic success. Under istration believe is rightfully theirs— build an additional 6,000 schools over the capitalism, competition inspires inno- more market share. These rivals, I next ten years simply to keep class sizes at vation. Innovation led in the 19th Cen- fear, may soon regret ever having current levels as student enrollment rises. tury to the industrial revolution, and opened this Pandora’s box. For a prece- Crumbling and overcrowded schools are in the 20th Century to the digital age. dent may have already been set. That found in virtually every kind of community These developments have made the and every part of the country. The GAO precedent is that government interven- found that 38 percent of urban schools, 30 United States the richest, most suc- tion in the market, in the absence of percent of rural schools, and 29 percent of cessful nation in the world. But this consumer complaint or dissatisfaction, suburban schools reported needing extensive Administration seems to distrust our is acceptable. repair or replacement of one or more build- capitalist, competitive system and That is why I speak here today, Mr. ings. wants to replace it with some sort of The large and growing school infrastruc- ‘‘third-way’’ in which government bu- President, as one in a growing number ture deficit in the United States reflects reaucrats make major decisions about of voices in America in firm opposition problems and inequities in our system of what innovations will be allowed in our to the Administration’s case against school finance. In 35 States, poor districts Microsoft. have higher tax rates than wealthy districts economic system, and when. but raise less revenue because of lower prop- I refer particularly, Mr. President, to As I see it, the Administration is not erty values. School financing systems have the Justice Department’s vendetta working for the greater good, but for been ruled unconstitutional in 11 states. In against Microsoft, a company that has its own good. Those at the highest lev- nearly every case, States have complied by had the ingenuity and determination els of this Administration believe they, raising property or sales taxes to fund school to achieve the American dream. not the market and certainly not con- improvements. Similar litigation is pending Against the odds, one man with a good sumers, know what is best for the na- in 16 other States, and many of these law- idea turned a workshop in his garage tion. Rick Rule, former Assistant At- suits appear likely to result in higher state into the most successful high tech- torney General for Antitrust under and local taxes as well. The Senate has an opportunity in this nology company in the world. The Ad- President Ronald Reagan, summed it year’s tax legislation to break this cycle of ministration is now on a path to de- up best when he said, ‘‘The Hubris re- crumbling schools and higher local taxes. We stroy not only the man and his com- flected in the government’s case have an opportunity to create a new partner- pany but to destroy the dream as well. against Microsoft is monumental.’’ September 17, 1998 CONGRESSIONAL RECORD — SENATE S10531 This is just the beginning, Mr. Presi- day’s Wall Street Journal, Joel Klein I congratulate the U.S.-Asia Insti- dent. Yesterday, at the Upside Con- ‘‘has spraypainted the world with sub- tute and CPIFA for their remarkable ference, a meeting of high-tech indus- poenas, calling companies to testify achievements and hope their long- try leaders here in Washington, Ro- about every failed and not-yet-failed standing partnership will continue into berta Katz, General Counsel for collaboration between competitive al- the 21st century.∑ Netscape, said of the government’s case lies and allied competitors in the com- f against Microsoft, ‘‘This is about a lot puter industry.’’ TRIBUTE TO LIEUTENANT GEN- more than just Microsoft.’’ To Ms. Katz the strategy, according to Rick Rule, ERAL RICHARD A. BURPEE, U.S. I say, be careful what you wish for, be is ‘‘the old plaintiff’s trick of throwing AIR FORCE, RETIRED very careful what you wish for. Today up lots of snippets of dialogue that try the government’s target is Microsoft, to tar the defendant as a bad guy.’’ ∑ Mr. INHOFE. Mr. President, I rise but tomorrow, it could very well be Aside from all the legal commentary, today to pay tribute to an exceptional Netscape. the real issue, Mr. President, is that leader in recognition of a remarkable The Antitrust Division, in filing its the Justice Department’s case against career of service to his country—Lieu- case against Microsoft, is working to Microsoft is a bad one. Joel Klein tenant General Richard A. Burpee, justify an expanded role for govern- knows it, the high-tech community United States Air Force, retired. Dick ment in the high-tech industry. The knows it, and I know it. Burpee has amassed a truly distin- further its tentacles are allowed to No legal wrangling can disguise the guished record, including 35 years of reach into high-tech market, the tight- fact that what the Administration is service in the Air Force uniform, that er its grip on the industry will become. doing is wrong. It is not only wrong in merits special recognition on the occa- In fact, at a hearing tomorrow before the sense that the Justice Department sion of his retirement as chairman of Judge Jackson, the Justice Depart- will probably lose in the end. But it is the board of directors of the Retired ment will request that it be allowed to wrong in the sense that the very Officers Association. expand the scope of its case against premise on which it stands is at fun- Born and raised in Delton, Michigan, Microsoft. There are two explanations damental odds with the free market he is now a distinguished citizen of the for the Justice Department’s motives; capitalism that has made this nation great State of Oklahoma. He enlisted both are troubling. The first is that the great. in the Air Force just after the Korean Antitrust division is seeking to in- f War in 1953. Subsequently selected for crease the aspects of the high-tech in- pilot training, he earned his aviator’s U.S.-ASIA INSTITUTE dustry over which it will gain control wings and Second Lieutenant’s com- if it wins the case. The second is that ∑ Mr. INOUYE. Mr. President, the U.S.- mission in 1955. the Division is becoming increasingly Asia Institute, a non-profit organiza- Over the next decade, Dick served in desperate to find an issue, any issue, on tion, recently completed its 40th Con- a variety of flying and staff positions, which is can prevail in court. gressional Staff Delegation to China including assignments as an instructor The first point should be of no little and Hong Kong in cooperation with the pilot and as an exchange pilot with the concern to Ms. Katz of Netscape and Chinese People’s Institute of Foreign Royal Canadian Armed Forces. In the her counterparts at all the other high- Affairs (CPIFA). I am pleased to bring process, he successfully completed tech companies cheering the Justice this milestone to the attention of the studies leading to the award of a bach- Department on. But it is the second Senate. elor’s degree in economics and a mas- point on which I would like to expand. The Institute’s commitment to pro- ter’s degree in public administration. The Antitrust Division knows that moting friendship and understanding During a 1967–68 tour of duty with the its case against Microsoft is literally between countries in Asia and the U.S. 12th Tactical Fighter Wing in Vietnam, falling apart at the seams. As my col- government goes back almost 20 years. he distinguished himself with a record leagues will recall, on June 23 a three Founded in 1979 by Esther Kee, Norman of 336 combat missions in the F–4 fight- judge United States Appeals Court Lau Kee, and Joji Konoshima, the U.S.- er and the award of the Silver Star, panel overturned the preliminary in- Asia Institute has been steadily work- two Distinguished Flying Crosses, a junction issued against Microsoft last ing to achieve its goal through inter- Bronze Star and fifteen air medals. December. The heart of the injunction, national conferences, seminars, stu- Air Force leaders recognized the tal- and the heart of the Department’s cur- dent exchange programs, and Congres- ent and potential of this general-to-be rent case against Microsoft, is the com- sional staff trips to Asia. and selected him for prestigious posi- pany’s decision to integrate its web Among its numerous activities in tions at Air Force headquarters in browser into its Windows operating support of cultural understanding, the Washington, DC, first in the Office of system. U.S.-Asia Institute’s Congressional the Director for Operational Test and As soon as the Appeals Court ruled staff trip program to China and Hong Evaluation and subsequently as an aide that the integration of browser tech- Kong is unrivaled. Since its inception to the Air Force Vice Chief of Staff. nology into Windows as not a violation in 1985, the China program has hosted Following completion of the National of U.S. antitrust law, Joel Klein start- more than 320 Congressional staff War College and selection for pro- ed scrambling frantically for other members in numerous places through- motion to the grade of Colonel, he re- claims to make against Microsoft. If out China—from Heihe in the North on turned to operational flying duty in a the Administration’s concern was truly the Russian border to Hainan in the series of leadership positions, ulti- that Microsoft was acting illegally in South; from the dynamic coastal cities mately serving as Commander of the integrating products into Windows, the of Shanghai and Guangzhou to the re- Strategic Air Command’s (SAC) 509th Justice Department would have and mote city of Urumqi, an oasis on the Bombardment Wing in 1974–1975. should have dismissed its case then and ancient Silk Road; and to the capital, Exceeding even the Strategic Air there. But it didn’t. Beijing. Over 150 Congressional offices Command’s high standards of leader- Joel Klein continued attempts to have benefited from the intense, hec- ship excellence, Dick Burpee was hard- drag more and more issues into the tic, fact finding programs that provide ly getting started. Following selection case is telling, Mr. President. Those at- Congressional staff members a unique to General officer rank, he carved a tempts are a clear sign that the gov- opportunity to observe this dynamic path of performance and achievement ernment’s real beef with Microsoft is nation first-hand and to further their through assignments at Headquarters its size. The government can’t stand understanding of complex Sino-U.S. re- Strategic Air Command, as Com- the fact that Microsoft is successful. lations. This program has survived the mander of the 19th air division, and in Microsoft, in the eyes of the Adminis- sometimes tumultuous relationship be- senior plans and operations positions tration, is just too big. So the Justice tween the two countries thanks to the at Air Force headquarters in the Pen- Department will do everything it can steadfast commitment of the U.S.-Asia tagon. From 1983 to 1985, the great to paint Bill Gates as the bad guy. Institute and the CPIFA to promote di- State of Oklahoma had the good for- As Holman W. Jenkins, Jr. aptly de- alog on issues of mutual interest to our tune to get to know Dick Burpee as a scribed it in an editorial in Wednes- two great nations. particularly outstanding Commander S10532 CONGRESSIONAL RECORD — SENATE September 17, 1998 of the Oklahoma City Air Logistics troops in 1999 and, hopefully, from 2000 tion—a black-and-white photo of a 16-year- Center. on. old boy, head shaven, wearing work clothes Oklahomans were not alone in rec- Taken together, these comprise two decorated with the Star of David and the ognizing his talents, as he was subse- number 281. of the most important institutional in- ‘‘I asked the guard, ‘Who are those people?’ quently promoted to three-star rank ducements to help reverse declining ca- He said, ‘they died a long time ago,’ recalled and assigned as Director for Operations reer retention statistics in all services. Ratz, of Mill Basin, a Latvian-born Holo- for the Pentagon’s Joint Staff—the In forcefully articulating the urgency caust survivor. ‘‘I told him I know three of highest ranking operations staff officer of honoring long-standing health care those people. Two were father and son and of our country’s Armed Forces. and retirement commitments to those yes, they were killed. But the photo of the Finally, in 1988, he was appointed to who have already served and by cham- young fellow on the right—he is talking to command the Strategic Air Command’s pioning improved quality-of-life initia- you. He is me.’’ prestigious 15th Air Force, a position Ratz had come to Riga to say Kaddish for tives for those now serving, Dick members of his family killed in the Rumboli he held until his retirement from ac- Burpee has significantly raised Con- Forest in 1941, and to visit the old ghetto tive military service in 1990. gress’ sensitivity to these important where he and his father lived before being In addition to the impressive combat retention and readiness issues. sent off to a series of work and concentra- record I have already mentioned, I Perhaps most importantly, Dick tion camps. would note that General Burpee’s mili- Burpee has distinguished himself and ‘‘All of a sudden I saw a picture of myself tary files reflect an outstanding total TROA from other, often strident, crit- hanging on the wall and a flash of memories of 11,000 flying hours as well as the ics by consistently offering cogent, came rushing back to me of 55 years ago,’’ award of the Defense Distinguished Ratz recalls, tearfully. ‘‘I could only cry. I well-researched plans that outline found myself hanging on the wall with all Service Medal, two Distinguished Serv- workable legislative solutions to these the dead people. ice Medals, and the Legion of Merit. A complex problems. Of the 35,000 Jews who lived in Latvia at true warrior and leader, indeed. My closing observation, with which I the time of German occupation in 1941, Ratz Dick Burpee, however, is not a person am sure you will all agree, is that Gen- is one of just 300 who survived. Because of who considers even 35 years of arduous eral Dick Burpee has been, in every the scarcity of Latvian survivors, their par- service a full working career. Follow- sense of the word, a leader in the mili- ticular experience during the Holocaust is rarely recounted. ‘‘Very few Latvian Jews ing his retirement, he started a suc- tary, TROA and the entire retired com- cessful consulting business in manage- escaped because the general population was munity. Our very best wishes go with not sympathetic to aiding the Jews,’’ says ment and marketing with aerospace in- him for long life, well-earned happi- William Schulman, director of the Holocaust dustries and government. Since relo- ness, and continued success in service Resource Center at Queensborough Commu- cating to Oklahoma City in 1991, he has to his Nation and the uniformed nity College. ‘The Germans made use of the served as vice president for develop- servicemembers whom he has so admi- Latvians to guard the Jews and persecute ment and vice president of administra- rably led. them, to send them to their death. So there tion at the University of Central Okla- As a former soldier myself, who en- are very few memoirs of survivors.’’ Ratz, who is retired from the television re- homa, sits on the board of directors of tered military service at about the the United Bank in Oklahoma City, pair business, and his American-born wife, same time he did, I offer General Doris, are and trying to fill that gap in Holo- and has been deeply involved with the Burpee a grateful and heartfelt salute.∑ caust memory. Oklahoma City Chamber of Commerce. f The four years he and his father spent in Elected to the board of directors of the labor and concentration camps and their Retired Officers Association (TROA) in ‘‘MEMORIES AND MIRACLES’’ subsequent liberation forms the basis for 1992, he was unanimously selected as ∑ Mr. MOYNIHAN. Mr. President, I rise ‘Ratz’s newly-published memoir, ‘‘Endless TROA’s chairman of the board in 1996, to commend to the Senate the stirring Miracles’’ (1998; Shengold Publishers Inc.). a position from which he is now retir- tale of Jack Ratz, a New Yorker who Ratz’s account caught the attention of Moshe Sheinhaum, president of Shengold ing. recently published a remarkable book, Publishers, precisely because it explores epi- Through his stewardship, the Retired Endless Miracles. Mr. Ratz, who resides sodes of the Holocaust that are not often Officers Association continues to play with his wife, Doris, in the Brooklyn talked about. ‘‘I’ve published over 70 books a vital role as a staunch advocate of neighborhood of Mill Basin, is one of on the Holocaust and this is one of the most legislative initiatives to maintain the last survivors of the flourishing exciting,’’ says Sheinbaum. ‘‘Very little has readiness and improve the quality of Jewish community of Latvia, which been done about Riga.’’ life for all members of the uniformed lost all but 300 of its 35,000 members Starting with historical background about service community—active, reserve the Jewish community in Latvia, the book’s during the Holocaust. emotional beginning describes the first Nazi and retired, plus their families and sur- Jack Ratz’s memoirs is an eloquent programs in Riga that would eventually spi- vivors. refutation to those who would dare to ral into genocide. Shortly after the Germans I won’t describe all of his accom- trivialize, distort, or even deny the arrived in Latvia in 1941, displacing the Rus- plishments, but will briefly touch on Holocaust’s important lessons. His sians, who had occupied Latvia just a year some highlights to illustrate his in- book well reflects the affirmative mes- earlier, they created two Jewish ghettos. volvement and concern for military sage that Jack Ratz shares with New One was for able-bodied men, the other for people. As chairman, he has cham- York City school children during his women, children and the disabled. Just 14 at the time, Ratz could have stayed with his pioned the fight for health care equity regular visits to the city classrooms. for retirees of the uniformed services, mother and younger siblings, but he decided As the survivors of the Holocaust to ‘‘take a chance,’’ he says, and go with his whose access to the military health succumb to old age there are fewer and father. care system has been severely curtailed fewer eyewitnesses to this tragedy. This is the first of the ‘‘endless miracles’’ by base closures, downsizing, and Jack Ratz has provided an invaluable Ratz describes—fortuitous decisions that shrinking military medical budgets. service with his moving account of the saved his life. After he and his father went to His persistent and well-reasoned pro- Latvian Holocaust experience. the Jewish workers’ ghetto, over the course of a few weeks the Nazis executed all the posals have translated into successful I ask to have printed in the RECORD a legislative initiatives aimed at expand- women, children, elderly and disabled men recent article in the New York City from the other ghetto—including Ratz’s ing Medicare-eligible retirees’ access to Jewish Week about Jack Ratz and mother and siblings—in grisly mass execu- military facilities and allowing them ‘‘Endless Miracles.’’ tions in the Rumboli Forest. to enroll in the federal employees The article follows: With no chance to grieve, Ratz writes, health benefits program. He also has [From the Jewish Week, Aug. 14, 1998] ‘‘Even our mourning was cut short. We were forced to return to work immediately under been one of the most vocal advocates MEMORIES AND MIRACLES penalty of instant death.’’ The subsequent for ending the practice of capping an- (By Nancy Beiles) nual pay raises for active and reserve years are an accumulation of sorrows and During a recent trip to Riga, Latvia, Jack terror. personnel below those enjoyed by the Ratz visited a museum commemorating Lat- Ratz and his father were first sent to average American. Happily, those ef- vian Holocaust victims, and was drawn to a Lenta, a work camp near Riga, then to forts are now bearing fruit in the form series of photos of camp inmates hanging on Salaspils, a death camp, back to Lenta and of full-comparability raises for the the wall. One in particular caught his atten- from there to Stuthoff, another death camp, September 17, 1998 CONGRESSIONAL RECORD — SENATE S10533 and Burgraben. During these four years, Ratz UNANIMOUS CONSENT (1) POSITIONS AT LEVEL IV.—Section 5315 of and his father managed to stay alive by AGREEMENT—S. 1645 title 5, United States Code, is amended— luck—for example, being in the second half (A) by striking the following: of a line from which the Nazis take the first Mr. SANTORUM. Mr. President, I ‘‘Assistant Secretaries of Health and Human half to kill, and by what Ratz says can only ask unanimous consent that imme- Services (6).’’; and be attributed to God’s grace. diately following the 9:30 a.m. vote on (B) by inserting the following: Unlike many survivors, who lost not only Friday, the Senate proceed to S. 1645. ‘‘Assistant Secretaries of Health and Human their loved ones but also their faith some- The PRESIDING OFFICER. Without Services (7).’’. where in the camps, Ratz’s faith stayed in- objection, it is so ordered. (2) POSITIONS AT LEVEL V.—Section 5316 of tact. It was his belief in God that allowed such title is amended by striking the following: him to weather those years and survive. ‘‘If f ‘‘Director, Indian Health Service, Department I would not believe in God, I would not be INDIAN HEALTH CARE of Health and Human Services.’’. alive today,’’ he says. ‘‘By believing it, I felt IMPROVEMENT ACT AMENDMENTS (e) DUTIES OF ASSISTANT SECRETARY FOR IN- I survived. God actually picked up his hand DIAN HEALTH.—Section 601 of the Indian Health and showed me the way.’’ Mr. SANTORUM. Mr. President, I Care Improvement Act (25 U.S.C. 1661) is amend- One time, that way meant masquerading ask unanimous consent that the Sen- ed in subsection (a)— as a skilled craftsman with his father so ate now proceed to the consideration of (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; they could be eligible for a work slot in a (2) in the second sentence of paragraph (1), as factory near Stuthoff outside of the firing Calendar No. 560, S. 1770. The PRESIDING OFFICER. The so designated, by striking ‘‘a Director,’’ and in- range. On another occasion, it meant steal- serting ‘‘the Assistant Secretary for Indian ing cigarettes from guards to trade for food clerk will report. Health,’’; and from more recent arrivals who were not yet The bill clerk read as follows: (3) by striking the third sentence of paragraph starved. The loaf of bread that was bartered A bill (S. 1770) to elevate the position of (1) and all that follows through the end of the for two cigarettes helped Ratz and his father Director of the Indian Health Service to As- subsection and inserting the following: ‘‘The As- ward off hunger a little longer. sistant Secretary of Health and Human Serv- sistant Secretary for Indian Health shall carry Ratz links his experience during those ices, to provide for the organizational inde- out the duties specified in paragraph (2). years to that of Jews throughout history, pendence of the Indian Health Service within ‘‘(2) The Assistant Secretary for Indian dating back to biblical times—Jews who the Department of Health and Human Serv- Health shall— were persecuted and whose faith was tested. ices, and for other purposes. ‘‘(A) report directly to the Secretary concern- Ratz, whose Hebrew name is Isaac, says that The PRESIDING OFFICER. Is there ing all policy- and budget-related matters affect- when his father first went with him to the ing Indian health; ghetto in Riga, his father identified with objection to the immediate consider- ‘‘(B) collaborate with the Assistant Secretary Abraham, sensing that he too was being ation of the bill? for Health concerning appropriate matters of In- called upon to sacrifice his son, his Isaac. There being no objection, the Senate dian health that affect the agencies of the Pub- For his part, Ratz appears in the book as a proceeded to consider the bill, which lic Health Service; latter-day Joseph. Like the biblical figure ‘‘(C) advise each Assistant Secretary of the who gave food from the Egyptian store- had been reported from the Committee Department of Health and Human Services con- houses to his hungry brothers during a fam- on Indian Affairs, with an amendment cerning matters of Indian health with respect to ine, Ratz, himself weak and hungry, when- to strike all after the enacting clause which that Assistant Secretary has authority ever possible retrieved food to give to people and insert in lieu thereof the following: and responsibility; in the camps who were hovering ever closer SECTION 1. OFFICE OF ASSISTANT SECRETARY ‘‘(D) advise the heads of other agencies and to starvation. On one occasion, he managed FOR INDIAN HEALTH. programs of the Department of Health and to salvage scraps of food from refuse bins in (a) ESTABLISHMENT.—There is established Human Services concerning matters of Indian a camp kitchen where he worked; another within the Department of Health and Human health with respect to which those heads have time, Ratz accidentally discovered a dead Services the Office of the Assistant Secretary for horse from which he was able to give to peo- authority and responsibility; and Indian Health in order to, in a manner consist- ‘‘(E) coordinate the activities of the Depart- ple what was a rare commodity in the camps: ent with the government-to-government rela- meat. ‘‘God also showed me how to help peo- ment of Health and Human Services concerning tionship between the United States and Indian matters of Indian health.’’. ple instead of how Hitler destroyed people,’’ tribes— (f) CONTINUED SERVICE BY INCUMBENT.—The Ratz explains. (1) facilitate advocacy for the development of In Ratz’s book, the brutality of the camps individual serving in the position of Director of appropriate Indian health policy; and the Indian Health Service on the date preceding springs to life most poignantly in small de- (2) promote consultation on matters related to tails that are often overlooked by historians. the date of enactment of this Act may serve as Indian health. Assistant Secretary for Indian Health, at the He tells of sand irritating his throat because (b) ASSISTANT SECRETARY FOR INDIAN the Nazis would use potatoes still caked with pleasure of the President after the date of enact- HEALTH.—In addition to the functions per- ment of this Act. soil for the inmates’ soup and of relishing formed on the date of enactment of this Act by the straw matting on the bunks in one camp (g) CONFORMING AMENDMENTS.— the Director of the Indian Health Service, the (1) AMENDMENTS TO INDIAN HEALTH CARE IM- because he had just come from a camp where Assistant Secretary for Indian Health shall per- he and three others slept on a single wooden PROVEMENT ACT.—The Indian Health Care Im- form such functions as the Secretary of Health provement Act (25 U.S.C. 1601 et seq.) is amend- board. And he describes his father sewing his and Human Services may designate. The Assist- few valuables into his hernia belt so that he ed— ant Secretary for Indian Health shall— would have something to trade for food when (A) in section 601— (1) report directly to the Secretary concerning all else failed. (i) in subsection (c), by striking ‘‘Director of In 1945, when the Russians finally liberated all policy- and budget-related matters affecting the Indian Health Service’’ both places it ap- Ratz and his father, the freedom was ini- Indian health; pears and inserting ‘‘Assistant Secretary for In- tially hollow. ‘‘You have to be lucky how (2) collaborate with the Assistant Secretary dian Health’’; and you’re liberated also,’’ Ratz says. ‘‘To be lib- for Health concerning appropriate matters of In- (ii) in subsection (d), by striking ‘‘Director of erated by Russians was not freedom.’’ dian health that affect the agencies of the Pub- the Indian Health Service’’ and inserting ‘‘As- Unlike the survivors liberated by Ameri- lic Health Service; sistant Secretary for Indian Health’’; and cans or British who were immediately as- (3) advise each Assistant Secretary of the De- (B) in section 816(c)(1), by striking ‘‘Director signed to ‘‘displaced persons’’ camps and partment of Health and Human Services con- of the Indian Health Service’’ and inserting given medical treatment, those freed by the cerning matters of Indian health with respect to ‘‘Assistant Secretary for Indian Health’’. Russians were left to fend for themselves. which that Assistant Secretary has authority (2) AMENDMENTS TO OTHER PROVISIONS OF ‘‘We were all free, but we did not know what and responsibility; LAW.—The following provisions are each amend- to do or where to go,’’ Ratz writes. (4) advise the heads of other agencies and pro- ed by striking ‘‘Director of the Indian Health The Russian zone is described by Ratz as grams of the Department of Health and Human Service’’ each place it appears and inserting chaotic. When it became clear the Russians Services concerning matters of Indian health ‘‘Assistant Secretary for Indian Health’’: were not making any arrangements to treat with respect to which those heads have author- (A) Section 203(a)(1) of the Rehabilitation Act the sick, some newly-free Jews stole to bring ity and responsibility; and of 1973 (29 U.S.C. 761b(a)(1)). those in need of medical care to a hospital. (5) coordinate the activities of the Department (B) Subsections (b) and (e) of section 518 of Those Germans from the camps who eluded of Health and Human Services concerning mat- the Federal Water Pollution Control Act (33 imprisonment tried to disguise themselves ters of Indian health. U.S.C. 1377 (b) and (e)). as Jews so that the Russians would not cap- (c) REFERENCES.—Reference in any other Fed- (C) Section 803B(d)(1) of the Native American ture them. Ratz chillingly recounts seeing eral law, Executive order, rule, regulation, or Programs Act of 1974 (42 U.S.C. 2991b–2(d)(1)). guards from the camp, now wearing pris- delegation of authority, or any document of or oners’ uniforms, hiding in a crowd. Speaking relating to the Director of the Indian Health Mr. SANTORUM. Mr. President, I to the Soviet soldiers in Russian, he pointed Service shall be deemed to refer to the Assistant ask unanimous consent that the com- them out and watched as the soldiers shot Secretary for Indian Health. mittee substitute be agreed to; that them on the spot.∑ (d) RATE OF PAY.— the bill be considered read a third time S10534 CONGRESSIONAL RECORD — SENATE September 17, 1998 and passed, as amended; that the mo- (7) the area of the Four Corners Monument defined boundary of the Four Corners Monu- tion to reconsider be laid upon the Tribal Park falls entirely within the Navajo ment Tribal Park. table; that the amendment to the title Nation or Ute Mountain Ute Tribe reserva- SEC. 4. FOUR CORNERS MONUMENT INTERPRE- be agreed to; that the amended title be tions; TIVE CENTER. (8) the Navajo Nation and the Ute Moun- (a) ESTABLISHMENT.—Subject to the avail- agreed to; and that any statements re- tain Ute Tribe have entered into a Memoran- ability of appropriations, the Secretary is lating to the bill appear at the appro- dum of Understanding governing the plan- authorized to establish within the bound- priate place in the RECORD. ning and future development of the Four aries of the Four Corners Monument Tribal The PRESIDING OFFICER. Without Corners Monument Tribal Park; Park a center for the interpretation and objection, it is so ordered. (9) in 1992, through agreements executed by commemoration of the Four Corners Monu- The committee amendment was the governors of Arizona, Colorado, New ment, to be known as the ‘‘Four Corners In- agreed to. Mexico, and Utah, the Four Corners Heritage terpretive Center’’. The bill (S. 1770), as amended, was Council was established as a coalition of (b) LAND.—Land for the Center shall be Federal, State, tribal, and private interests; considered read the third time and designated and made available by the Navajo (10) the State of Arizona has obligated Nation or the Ute Mountain Ute Tribe with- passed. $45,000 for planning efforts and $250,000 for in the boundary of the Four Corners Monu- The title was amended so as to read: construction of an interpretive center at the ment Tribal Park in consultation with the A bill to elevate the position of Director of Four Corners Monument Tribal Park; Four Corners Heritage Council and in ac- the Indian Health Service within the Depart- (11) numerous studies and extensive con- cordance with— ment of Health and Human Services to As- sultation with American Indians have dem- (1) the memorandum of understanding be- sistant Secretay for Indian Health, and for onstrated that development at the Four Cor- tween the Navajo Nation and the Ute Moun- other purposes. ners Monument Tribal Park would greatly tain Ute Tribe that was entered into on Oc- f benefit the people of the Navajo Nation and tober 22, 1996; and the Ute Mountain Ute Tribe; (2) applicable supplemental agreements FOUR CORNERS INTERPRETIVE (12) the Arizona Department of Transpor- with the Bureau of Land Management, the CENTER ACT tation has completed preliminary cost esti- National Park Service, the United States Mr. SANTORUM. Mr. President, I mates that are based on field experience with Forest Service. ask unanimous consent that the Sen- rest-area development for the construction (c) CONCURRENCE.—Notwithstanding any ate proceed to the consideration of Cal- for a Four Corners Monument Interpretive other provision of this Act, no such center Center and surrounding infrastructure, in- shall be established without the consent of endar No. 563, S. 1998. cluding restrooms, roadways, parking, water, the Navajo Nation and the Ute Mountain Ute The PRESIDING OFFICER. Without electrical, telephone, and sewage facilities; Tribe. objection, it is so ordered. The clerk (13) an interpretive center would provide (d) COMPONENTS OF CENTER.—The Center will report. important educational and enrichment op- shall include— The bill clerk read as follows: portunities for all Americans; and (1) a location for permanent and temporary A bill (S. 1998) to authorize an interpretive (14) Federal financial assistance and tech- exhibits depicting the archaeological, cul- center and related visitor facilities within nical expertise are needed for the construc- tural, and natural heritage of the Four Cor- the Four Corners Monument Tribal Park, tion of an interpretive center. ners region; and for other purposes. (b) PURPOSES.—The purposes of this Act (2) a venue for public education programs; are— (3) a location to highlight the importance The Senate proceeded to consider the (1) to recognize the importance of the Four of efforts to preserve southwestern archae- bill. Corners Monument and surrounding land- ological sites and museum collections; Mr. SANTORUM. Mr. President, I scape as a distinct area in the heritage of the (4) a location to provide information to the ask unanimous consent that the bill be United States that is worthy of interpreta- general public about cultural and natural re- considered read a third time and tion and preservation; sources, parks, museums, and travel in the passed; that the motion to reconsider (2) to assist the Navajo Nation and the Ute Four Corners region; and be laid upon the table; and that any Mountain Ute Tribe in establishing the Four (5) visitor amenities including restrooms, Corners Interpretive Center and related fa- public telephones, and other basic facilities. statements relating to the bill appear cilities to meet the needs of the general pub- SEC. 5. CONSTRUCTION GRANT. at the appropriate place in the RECORD. lic; (a) GRANT.—The Secretary is authorized to The PRESIDING OFFICER. Without (3) to highlight and showcase the collabo- award a Federal grant to the recipient de- objection, it is so ordered. rative resource stewardship of private indi- scribed in section 3(4) for up to 50 percent of The bill (S. 1998) was considered read viduals, Indian tribes, universities, Federal the cost to construct the Center. To be eligi- the third time and passed, as follows: agencies, and the governments of States and ble for the grant, the recipient shall provide political subdivisions thereof (including S. 1998 assurances that— counties); and (1) the non-Federal share of the costs of Be it enacted by the Senate and House of Rep- (4) to promote knowledge of the life, art, construction is paid from non-Federal resentatives of the United States of America in culture, politics, and history of the cul- sources. The non-Federal sources may in- Congress assembled, turally diverse groups of the Four Corners clude contributions made by States, private SECTION 1. SHORT TITLE. region. sources, the Navajo Nation and the Ute This Act may be cited as the ‘‘Four Cor- SEC. 3. DEFINITIONS. Mountain Ute Tribe for planning, design, ners Interpretive Center Act’’. As used in this Act: construction, furnishing, startup, and oper- SEC. 2. FINDINGS AND PURPOSES. (1) CENTER.—The term ‘‘Center’’ means the ational expenses; (a) FINDINGS.—Congress finds that— Four Corners Interpretive Center established (2) the aggregate amount of non-Federal (1) the Four Corners Monument is nation- under section 4, including restrooms, park- funds contributed by the States used to ally significant as the only geographic loca- ing areas, vendor facilities, sidewalks, utili- carry out the activities specified in subpara- tion in the United States where 4 State ties, exhibits, and other visitor facilities. graph (A) will not be less than $2,000,000, of boundaries meet; (2) FOUR CORNERS HERITAGE COUNCIL.—The which each of the States that is party to the (2) the States with boundaries that meet at term ‘‘Four Corners Heritage Council’’ grant will contribute equally in cash or in the Four Corners area are Arizona, Colorado, means the nonprofit coalition of Federal, kind; New Mexico, and Utah; State, and tribal entities established in 1992 (3) States may use private funds to meet (3) between 1868 and 1875 the boundary lines by agreements of the Governors of the States the requirements of paragraph (2); and that created the Four Corners were drawn, of Arizona, Colorado, New Mexico, and Utah. (4) the State of Arizona may apply $45,000 and in 1899 a monument was erected at the (3) SECRETARY.—The term ‘‘Secretary’’ authorized by the State of Arizona during site; means the Secretary of the Interior. fiscal year 1998 for planning and $250,000 that (4) a United States postal stamp will be (4) RECIPIENT.—The term ‘‘recipient’’ is held in reserve by that State for construc- issued in 1999 to commemorate the centen- means the State of Arizona, Colorado, New tion toward the Arizona share. nial of the original boundary marker; Mexico, or Utah, or any consortium of 2 or (b) GRANT REQUIREMENTS.—In order to re- (5) the Four Corners area is distinct in more of these States. ceive a grant under this Act, the recipient character and possesses important histori- (5) FOUR CORNERS MONUMENT.—The term shall— cal, cultural, and prehistoric values and re- ‘‘Four Corners Monument’’ means the phys- (1) submit to the Secretary a proposal that sources within the surrounding cultural ical monument where the boundaries of the meets all applicable— landscape; States of Arizona, Colorado, New Mexico and (A) laws, including building codes and reg- (6) although there are no permanent facili- Utah meet. ulations; ties or utilities at the Four Corners Monu- (6) FOUR CORNERS MONUMENT TRIBAL (B) requirements under the Memorandum ment Tribal Park, each year the park at- PARK.—The term ‘‘Four Corners Monument of Understanding described in paragraph (2) tracts approximately 250,000 visitors; Tribal Park’’ means lands within the legally of this subsection; and September 17, 1998 CONGRESSIONAL RECORD — SENATE S10535 (C) provides such information and assur- any treaty, Executive order, agreement, or cost involved in obtaining and main- ances as the Secretary may require; and Act of Congress). taining a registration in each and (2) the recipient shall enter into a Memo- f every country. Countries around the randum of Understanding (MOU) with the world have a number of varying re- Secretary providing— TRADEMARK LAW TREATY quirements for filing trademark appli- (A) a timetable for completion of construc- IMPLEMENTATION ACT tion and opening of the Center; cations, many of which are nonsub- (B) assurances that design, architectural Mr. SANTORUM. Mr. President, I stantive and very confusing. Because of and construction contracts will be competi- ask unanimous consent that the Sen- these difficulties, many U.S. busi- tively awarded; ate proceed to the consideration of Cal- nesses, especially smaller businesses, (C) specifications meeting all applicable endar No. 474, S. 2193. Federal, State, and local building codes and are forced to concentrate their efforts The PRESIDING OFFICER. The on registering their trademarks only in laws; clerk will report. (D) arrangements for operations and main- certain major countries while pirates tenance upon completion of construction; The bill clerk read as follows: freely register their marks in other (E) a description of center collections and A bill (S. 2193) to implement the provisions countries. educational programing; of the Trademark Law Treaty. (F) a plan for design of exhibits including, The PRESIDING OFFICER. Is there The Trademark Law Treaty will but not limited to, collections to be exhib- objection to the immediate consider- eliminate many of the arduous reg- ited, security, preservation, protection, envi- ation of the bill? istration requirements of foreign coun- ronmental controls, and presentations in ac- There being no objection, the Senate tries by enacting a list of maximum re- cordance with professional museum stand- quirements for trademark procedures. ards; proceeded to consider the bill. Eliminating needless formalities will (G) an agreement with the Navajo Nation AMENDMENT NO. 3601 be an enormous step in the direction of and the Ute Mountain Ute Tribe relative to (Purpose: To make certain technical correc- site selection and public access to the facili- tions to the Trademark Act of 1946, and for a rational trademark system which ties; and other purposes) will benefit American business, espe- (H) a financing plan developed jointly by Mr. SANTORUM. Mr. President, Sen- cially smaller businesses, to expand the Navajo Nation and the Ute Mountain Ute into the international market more Tribe outlining the long-term management ator HATCH has a substitute amend- of the Center, including but not limited to— ment at the desk, and I ask for its con- freely. Fortunately, the Trademark (i) the acceptance and use of funds derived sideration. Law Treaty has already been signed by from public and private sources to minimize The PRESIDING OFFICER. The thirty-five countries and was ratified the use of appropriated or borrowed funds; clerk will report. by the Senate on June 26, 1998. (ii) the payment of the operating costs of The bill clerk read as follows: the Center through the assessment of fees or The U.S. Patent and Trademark Of- The Senator from Pennsylvania [Mr. other income generated by the Center; fice, the International Trademark As- SANTORUM], for Mr. HATCH, proposes an (iii) a strategy for achieving financial self- sociation, and the American Intellec- amendment numbered 3601. sufficiency with respect to the Center by not tual Property Law Association all sup- later than 5 years after the date of enact- The amendment is as follows: port the Trademark Law Treaty and ment of this Act; and [The bill was not available for print- the TLT Act. In a letter to me dated (iv) defining appropriate vendor standards ing. It will appear in a future edition of July 1, 1998, the International Trade- and business activities at the Four Corners the RECORD.] Monument Tribal Park. mark Association stated that the Mr. LEAHY. Mr. President, I am Trademark law Treaty is ‘‘critical to SEC. 6. SELECTION OF GRANT RECIPIENT. pleased that the Senate is considering The Secretary is authorized to award a the success of U.S. companies as they S. 2193, the Trademark Law Treaty Im- grant in accordance with the provisions of operate in the rapidly expanding and plementation Act (TLT Act), along this Act. The Four Corners Heritage Council ever increasingly competitive global with some important technical amend- may make recommendations to the Sec- marketplace.’’ The American Intellec- retary on grant proposals regarding the de- ments. I wish that Congress was doing tual Property Law Association, in a sign of facilities at the Four Corners Monu- more work on intellectual property letter to me dated July 13, 1998, ex- ment Tribal Park. issues to maintain America’s pre- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. eminence in the realm of technology. plained: ‘‘The Trademark Law Treaty IN GENERAL.— Specifically I wish we were at con- harmonizes a number of the require- (1) AUTHORIZATIONS.—There are authorized ference on the Digital Millennium ments and procedures associated with to be appropriated to carry out this Act— Copyright Act, which would implement the filing, registration and renewal of (A) $2,000,000 for fiscal year 1999; and trademarks. It has the potential to (B) $50,000 for each of fiscal years 2000 the World Intellectual Property Orga- through 2004 for maintenance and operation nization treaties. We should also be bring significant improvements in the of the center, program development, or staff- passing the Patent Bill, which would trademark practices of a number of im- ing in a manner consistent with the require- help America’s inventors of today and portant countries around the world in ments of section 5(b). tomorrow. I am glad however, at the which U.S. trademark owners seek pro- (2) CARRYOVER.—Any funds made available very least, that we are at last consider- tection. By conforming its trademark under this section that are unexpended at ing the TLT Act. law with the obligations of the TLT the end of the fiscal year for which those and ratifying the treaty, the United funds are appropriated may be used by the THE TRADEMARK LAW TREATY IMPLEMENTATION Secretary through fiscal year 2001 for the ACT States can exercise leadership to en- purposes for which those funds were made The TLT Act, which Senator HATCH courage additional nations, particu- available. and I introduced to implement the larly those with burdensome proce- (3) RESERVATION OF FUNDS.—The Secretary Trademark Law Treaty of 1994, is an dural requirements, to also adhere.’’ may reserve funds appropriated pursuant to important step in our continuing en- THE TECHNICAL CORRECTIONS BILL this Act until a proposal meeting the re- deavor to harmonize trademark law quirements of this Act is submitted, but no around the world so that American I also support the amendment to this later than September 30, 2000. legislation of S. 2192, the trademark SEC. 8. DONATIONS. businesses—particularly small Amer- Notwithstanding any other provision of ican businesses like so many of the technical corrections bill. This meas- law, for purposes of the planning, construc- businesses in Vermont—seeking to ex- ure contains several mostly technical tion, and operation of the Center, the Sec- pand internationally will face sim- amendments to the Lanham Act. The retary may accept, retain, and expand dona- plified and straightforward trademark most important of these amendments tions of funds, and use property or services registration procedures in foreign addresses the status of ‘‘functional’’ donated from private persons and entities or countries. shapes as trademarks. Functional from public entities. Today more than ever before, trade- shapes are those whose features are SEC. 9. STATUTORY CONSTRUCTION. Nothing in this Act is intended to abro- marks are among the most valuable as- dictated by utilitarian considerations. gate, modify, or impair any right or claim of sets of business. One of the major ob- Under current law, the registration as the Navajo Nation or the Ute Mountain Ute stacles in securing international trade- a trademark of a functional shape be- Tribe, that is based on any law (including mark protection is the difficulty and comes ‘‘incontestable’’ after 5 years S10536 CONGRESSIONAL RECORD — SENATE September 17, 1998 even though it should never have been tory of the United States Senate Committee all Tibetan people, and to report to Congress in registered in the first place. S. 2192 on Agriculture, Nutrition, and Forestry’’; partial fulfillment of the requirements of section would correct this anomaly by adding and 536(a) of the Public Law 103–236; and functionality as a ground of cancella- (2) 100 copies of the document in addition (D) to advance United States policy which to the usual number. seeks to protect the unique religious, cultural, tion of a mark at any time. The U.S. f and linguistic heritage of Tibet, and to encour- Patent and Trademark Office, the age improved respect for Tibetan human rights; International Trademark Association, INTERNATIONAL COMMISSION OF (4) calls on the People’s Republic of China to and the American Intellectual Prop- JURISTS ON TIBET AND ON THE release from detention the 9-year old Panchen erty Law Association all support the UNITED STATES POLICY WITH Lama, Gedhun Cheokyi Nyima, to his home in trademark technical corrections bill. REGARD TO TIBET Tibet from which he was taken on May 17, 1995, To date, I have not heard any opposi- and to allow him to pursue his religious studies Mr. SANTORUM. Mr. President, I without interference and according to tradition; tion to this amendment. ask unanimous consent that the Sen- (5) commends the President for publicly urg- I hope that after passage of the TLT ate proceed to the immediate consider- ing President Jiang Zemin, during their recent Act, Congress can get back to work on ation of Calendar No. 500, S. Con. Res. summit meeting in Beijing, to engage in dialogue our other pressing intellectual prop- 103. with the Dalai Lama; and erty issues, namely the Digital Millen- (6) calls on the President to continue to work The PRESIDING OFFICER. The nium Copyright Act and the Patent to secure an agreement to begin substantive ne- clerk will report. Bill, to fortify American intellectual gotiations between the Government of the Peo- The bill clerk read as follows: property rights around the world and ple’s Republic of China and the Dalai Lama or his representatives. to help unleash the full potential of A concurrent resolution (S. Con. Res. 103) expressing the sense of Congress in support Mr. SANTORUM. Mr. President, I America’s most creative industries. of the recommendations of the International Mr. SANTORUM. Mr. President, I ask unanimous consent that the com- Commission of Jurists on Tibet and on mittee amendment be agreed to. ask unanimous consent that the United States policy with regard to Tibet. The PRESIDING OFFICER. Without amendment be agreed to. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without objection, it is so ordered. objection to the immediate consider- The committee amendment was objection, it is so ordered. ation of the concurrent resolution? The amendment (No. 3601) was agreed agreed to. There being no objection, the Senate to. Mr. SANTORUM. Mr. President, I proceeded to consider the concurrent Mr. SANTORUM. Mr. President, I ask unanimous consent that the reso- resolution, which had been reported ask unanimous consent that the bill be lution, as amended, be agreed to; that from the Committee on Foreign Rela- considered read a third time and the preamble be agreed to; that the tions with an amendment, as follows: passed, as amended; that the motion to motion to reconsider be laid upon the Resolved table; and that any statements relating reconsider be laid upon the table; and That Congress— that any statements relating to the (1) expresses grave concern regarding the find- to the concurrent resolution be placed bill appear at the appropriate place in ings of the December 1997 International Commis- at the appropriate place in the RECORD. the RECORD. sion of Jurists report on Tibet that— The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without (A) repression in Tibet has increased steadily objection, it is so ordered. objection, it is so ordered. since 1994, resulting in heightened control on re- The concurrent resolution (S. Con. The bill (S. 2193), as amended, was ligious activity; a denunciation campaign Res. 103), as amended, was agreed to. considered read the third time and against the Dalai Lama unprecedented since the The preamble was agreed to. Cultural Revolution; an increase in political ar- passed. The concurrent resolution, with its rests; suppression of peaceful protests; and an preamble, is as follows: f accelerated movement of Chinese to Tibet; and S. CON. RES. 103 AUTHORIZING PRINTING OF (B) in 1997, the People’s Republic of China la- beled the Tibetan Buddhist culture, which has Whereas the International Commission of SENATE DOCUMENT flourished in Tibet since the seventh century, as Jurists is a non-governmental organization Mr. SANTORUM. Mr. President, I a ‘‘foreign culture’’ in order to facilitate indoc- founded in 1952 to defend the Rule of Law ask unanimous consent that the Sen- trination of Tibetans in Chinese socialist ideol- throughout the world and to work towards ate proceed to the immediate consider- ogy and the process of national and cultural ex- the full observance of the provisions in the ation of S. Res. 280, submitted earlier termination; Universal Declaration of Human Rights; (2) supports the recommendations contained Whereas in 1959, 1960, and 1964, the Inter- today by Senators LUGAR and HARKIN. in the report referred to in paragraph (1) that— national Commission of Jurists examined The PRESIDING OFFICER. Without (A) call on the People’s Republic of China— Chinese policy in Tibet, violations of human objection, it is so ordered. The clerk (i) to enter into discussions with the Dalai rights in Tibet, and the position of Tibet in will report. Lama or his representatives on a solution to the international law; The bill clerk read as follows: question of Tibet; Whereas in 1960, the International Commis- A resolution (S. Res. 280) directing the (ii) to ensure respect for the fundamental sion of Jurists found ‘‘that acts of genocide printing as a Senate document of a compila- human rights of the Tibetan people; and has been committed in Tibet in an attempt tion of materials entitled ‘‘History of the (iii) to end those practices which threaten to to destroy the Tibetans as a religious group, United States Senate Committee on Agri- erode the distinct cultural, religious and na- * * *’’ and concluded that Tibet was at least culture, Nutrition and Forestry’’. tional identity of the Tibetan people and, in ‘‘a de facto independent State’’ prior to 1951 particular, to cease policies which result in the and that Tibet was a ‘‘legitimate concern of The Senate proceeded to consider the movement of Chinese people to Tibetan territory; the United Nations even on the restrictive resolution. (B) call on the United Nations General Assem- interpretation of matters ‘essentially within Mr. SANTORUM. Mr. President, I bly to resume its debate on the question of Tibet the domestic jurisdiction’ of a State.’’; ask unanimous consent that the reso- based on its resolutions of 1959, 1961, and 1965; Whereas these findings were presented to lution be agreed to and that the mo- and the United Nations General Assembly, which tion to reconsider be laid upon the (C) call on the Dalai Lama or his representa- adopted three resolutions (1959, 1961, and table. tives to enter into discussions with the Govern- 1965) calling on the People’s Republic of The PRESIDING OFFICER. Without ment of the People’s Republic of China on a so- China to ensure respect for the fundamental objection, it is so ordered. lution to the question of Tibet; human rights of the Tibetan people and for (3) commends the appointment by the Sec- their distinctive cultural and religious life, The resolution (S. Res. 280) was retary of State of a United States Special Coor- and to cease practices which deprive the Ti- agreed to, as follows: dinator for Tibetan Issues— betan people of their fundamental human S. RES. 280 (A) to promote substantive dialogue between rights and freedoms including their right to Resolved, the Government of the People’s Republic of self-determination; SECTION 1. PRINTING OF HISTORY OF THE China and the Dalai Lama or his representa- Whereas in December 1997, the Inter- UNITED STATES SENATE COMMIT- tives; national Commission of Jurists issued a TEE ON AGRICULTURE, NUTRITION, (B) to coordinate United States Government fourth report on Tibet, examining human AND FORESTRY. policies, programs, and projects concerning rights and the rule of law, including self-de- The Public Printer shall print— Tibet; termination; (1) as a Senate document a compilation of (C) to consult with the Congress on policies Whereas the President has repeatedly indi- materials, with illustrations, entitled ‘‘His- relevant to Tibet and the future and welfare of cated his support for substantive dialogue September 17, 1998 CONGRESSIONAL RECORD — SENATE S10537 between the Government of the People’s Re- DIGITAL MILLENNIUM COPYRIGHT nutrition bill, and I understand a lot of public of China and the Dalai Lama or his ACT very important things need to be done. representatives; and I very much would have liked to have Whereas on October 31, 1997, the Secretary Mr. SANTORUM. Mr. President, I ask unanimous consent that the Sen- had the opportunity to debate some- of State appointed a Special Coordinator for thing that all the nutrition groups, all Tibetan Issues to oversee United States pol- ate proceed to the immediate consider- icy regarding Tibet: Now, therefore, be it ation of Calendar No. 535, H.R. 2281. of the public interest groups, as well as a lot of manufacturers who use pea- Resolved by the Senate (the House of Rep- The PRESIDING OFFICER. The resentative concurring), That Congress— clerk will report. nuts, would love to have seen, and that (1) expresses grave concern regarding the The bill clerk read as follows: is an opportunity for us not to have the findings of the December 1997 International Child Nutrition Program paying an ex- A bill (H.R. 2281) to amend title 17, United Commission of Jurists report on Tibet that— States Code, to implement the World Intel- orbitant amount of money, more than (A) repression in Tibet has increased stead- lectual Property Organization Copyright they need to, robbing children of the ily since 1994, resulting in heightened control Treaty and Performances and Phonograms ability to get food in other places be- on religious activity; a denunciation cam- Treaty, and for other purposes. cause we pay such high prices for pea- paign against the Dalai Lama unprecedented nuts in this country for food programs. since the Cultural Revolution; an increase in The PRESIDING OFFICER. Is there political arrests; suppression of peaceful pro- objection to the immediate consider- It would be nice if we would have tests; and an accelerated movement of Chi- ation of the bill? been able to debate that amendment, nese to Tibet; and There being no objection, the Senate but we can’t. (B) in 1997, the People’s Republic of China proceeded to consider the bill. Mr. DASCHLE. Mr. President, is it labeled the Tibetan Buddhist culture, which Mr. SANTORUM. Mr. President, I my pleasure today to join my col- has flourished in Tibet since the seventh cen- ask unanimous consent that all after leagues on the Senate Agriculture, Nu- tury, as a ‘‘foreign culture’’ in order to fa- trition, and Forestry Committee in cilitate indoctrination of Tibetans in Chi- the enacting clause be stricken, and the text of S. 2037, as passed, be in- supporting S. 2286, the Child Nutrition nese socialist ideology and the process of na- and WIC Reauthorization Amendments tional and cultural extermination; serted in lieu thereof; that H.R. 2231, as (2) supports the recommendations con- amended, be read a third time and of 1998. This important bill expands tained in the report referred to in paragraph passed; that the motion to reconsider subsidies for snacks in after-school pro- (1) that— be laid upon the table; that the Senate grams, establishes a research program (A) call on the People’s Republic of China— insist on its amendment, request a con- for universal school breakfasts, and (i) to enter into discussions with the Dalai ference with the House and the Chair makes several administrative changes Lama or his representatives on a solution to in the school food service programs, in the question of Tibet; be authorized to appoint conferees on the part of the Senate. the Women, Infants and Children (WIC) (ii) to ensure respect for the fundamental Program and in the Child and Adult human rights of the Tibetan people; and The PRESIDING OFFICER. Without (iii) to end those practices which threaten objection, it is so ordered. Care Food Program (CACFP). I believe to erode the distinct cultural, religious and The bill (H.R. 2231), as amended, was that we have developed a good bill that national identity of the Tibetan people and, considered read the third time and represents real progress for child nutri- in particular, to cease policies which result passed. tion and school food services and I am in the movement of Chinese people to Ti- pleased it has received strong biparti- The Presiding Officer (Mr. HUTCH- betan territory; san support. INSON) appointed Mr. HATCH, Mr. THUR- (B) call on the United Nations General As- I’d like to take a few moments to MOND and Mr. LEAHY conferees on the sembly to resume its debate on the question elaborate on a few aspects of the bill part of the Senate. of Tibet based on its resolutions of 1959, 1961, that are particularly important to and 1965; and Mr. SANTORUM. Mr. President, I South Dakotans and to all Americans. (C) call on the Dalai Lama or his rep- ask unanimous consent that the pas- I am a cosponsor of the Schools for resentatives to enter into discussions with sage of the Senate bill be vitiated, and Achievement Act, which would give all the Government of the People’s Republic of the bill be indefinitely postponed. children, regardless of income, access China on a solution to the question of Tibet; The PRESIDING OFFICER. Without (3) commends the appointment by the Sec- to a healthy, free breakfast. While we objection, it is so ordered. retary of State of a United States Special were unable to find consensus on a way Coordinator for Tibetan Issues— f to fund a universal breakfast program, (A) to promote substantive dialogue be- CHILD NUTRITION AND WIC REAU- S. 2286 establishes a multi-year free tween the Government of the People’s Re- public of China and the Dalai Lama or his THORIZATION AMENDMENTS OF breakfast study. The study will be con- representatives; 1998 ducted at several sites, both rural and (B) to coordinate United States Govern- Mr. SANTORUM. Mr. President, I urban, and will rigorously evaluate im- ment policies, programs, and projects con- ask unanimous consent that the Sen- pact of free breakfasts. The purpose of cerning Tibet; ate proceed to the consideration of Cal- authorizing this study is to test wheth- (C) to consult with the Congress on policies er providing breakfast at school helps relevant to Tibet and the future and welfare endar No. 462, S. 2286. The PRESIDING OFFICER. The children perform better scholastically of all Tibetan people, and to report to Con- and improves overall levels of child nu- gress in partial fulfillment of the require- clerk will report. ments of section 536(a) of the Public Law 103– The bill clerk read as follows: trition. I am confident the school breakfast project will justify consider- 236; and A bill (S. 2286) to amend the National (D) to advance United States policy which School Lunch Act and the Child Nutrition ation of the Schools for Achievement seeks to protect the unique religious, cul- Act of 1966 to provide children with increased Act. tural, and linguistic heritage of Tibet, and to access to food and nutrition assistance, to For Congress to have access to the encourage improved respect for Tibetan simplify program operations and improve benefits of this study, however, we human rights; program management, to extend certain au- need to ensure that it will be funded. (4) calls on the People’s Republic of China thorities contained in those Acts through Funding for the school breakfast re- to release from detention the 9-year old Pan- fiscal year 2003, and for other purposes. search project is uncertain in the chen Lama, Gedhun Cheokyi Nyima, to his home in Tibet from which he was taken on The PRESIDING OFFICER. Is there House companion bill, because H.R. May 17, 1995, and to allow him to pursue his objection to the immediate consider- 3874 includes only authorizing language religious studies without interference and ation of the bill? and relies on the Appropriations Com- according to tradition; There being no objection, the Senate mittee to fund the project. As we all (5) commends the President for publicly proceeded to consider the bill. are aware, funds available to the Ap- urging President Jiang Zemin, during their Mr. SANTORUM. Mr. President, I propriations Committee have been recent summit meeting in Beijing, to engage find it quite ironic that I am, at the greatly constrained by last year’s Bal- in dialogue with the Dalai Lama; and closing here, passing this bill about anced Budget Agreement. If funding (6) calls on the President to continue to work to secure an agreement to begin sub- which I have strong reservations be- were unavailable, this research would stantive negotiations between the Govern- cause I was not able to place an amend- be delayed, and the intentions of the ment of the People’s Republic of China and ment in and have an amendment de- authorizers would be undermined. We the Dalai Lama or his representatives. bated on this bill. But this is the child in the Senate have determined that S10538 CONGRESSIONAL RECORD — SENATE September 17, 1998 this study should be conducted and The bill (H.R. 3874), as amended, was ‘‘(5) WAIVER OF REQUIREMENT FOR WEIGHTED have fully paid for it in the context of read the third time and passed, as fol- AVERAGES FOR NUTRIENT ANALYSIS.—During the the Senate bill. I hope the conferees lows: period ending on September 30, 2003, the Sec- will agree to this position and agree to retary shall not require the use of weighted Strike out all after the enacting clause and averages for nutrient analysis of menu items provide mandatory funding for this insert: and foods offered or served as part of a reim- project. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. bursable meal under the school lunch or school I would also like to acknowledge that (a) SHORT TITLE.—This Act may be cited as breakfast program.’’. this is a study only. Nothing in this the ‘‘Child Nutrition and WIC Reauthorization SEC. 103. REQUIREMENT FOR FOOD SAFETY IN- provision would automatically lead to Amendments of 1998’’. SPECTIONS. full implementation of a free breakfast (b) TABLE OF CONTENTS.—The table of con- Section 9 of the National School Lunch Act tents of this Act is as follows: program. Congress will need to revisit (42 U.S.C. 1758) is amended by adding at the end this issue to determine whether it Sec. 1. Short title; table of contents. the following: ‘‘(h) FOOD SAFETY INSPECTIONS.— would be in the best interest of the Na- TITLE I—SCHOOL LUNCH AND RELATED PROGRAMS ‘‘(1) IN GENERAL.—Except as provided in para- tion to take such a step. I believe this graph (2), a school participating in the school is a prudent way to proceed. Sec. 101. Technical amendments to commodity provisions. lunch program authorized under this Act or the The liberalized administrative guide- Sec. 102. Waiver of requirement for weighted school breakfast program authorized under sec- lines and expanded funding for after- averages for nutrient analysis. tion 4 of the Child Nutrition Act of 1966 (42 school snacks are also welcome ideas Sec. 103. Requirement for food safety inspec- U.S.C. 1773) shall, at least once during each in South Dakota, where our state gov- tions. school year, obtain a food safety inspection con- ernment recently made a $700,000 com- Sec. 104. Elimination of administration of pro- ducted by a State or local governmental agency grams by regional offices. responsible for food safety inspections. mitment to promoting and increasing ‘‘(2) EXCEPTION.—Paragraph (1) shall not after-school care. I strongly support Sec. 105. Special assistance. Sec. 106. Adjustments to payment rates. apply to a school if a food safety inspection of that effort, as well as efforts to im- Sec. 107. Adjustments to reimbursement rates. the school is required by a State or local author- prove access to after-school programs Sec. 108. Criminal penalties. ity.’’. nationwide. The legislation before the Sec. 109. Food and nutrition projects. SEC. 104. ELIMINATION OF ADMINISTRATION OF Senate today is another small step to- Sec. 110. Establishment of an adequate meal PROGRAMS BY REGIONAL OFFICES. ward better care for our nation’s service period. (a) IN GENERAL.—Section 10 of the National Sec. 111. Buy American. School Lunch Act (42 U.S.C. 1759) is amended to school-age children. Sec. 112. Procurement contracts. Finally, I would like to reassert my read as follows: Sec. 113. Summer food service program for chil- ‘‘SEC. 10. DISBURSEMENT TO SCHOOLS BY THE support for the programs being reau- dren. SECRETARY. thorized by this legislation. Federal Sec. 114. Commodity distribution program. ‘‘(a) AUTHORITY TO ADMINISTER PROGRAMS.— nutrition programs have a long, suc- Sec. 115. Child and adult care food program. ‘‘(1) IN GENERAL.—Except as provided in para- cessful, track record of providing food, Sec. 116. Transfer of homeless assistance pro- graph (3), during the period determined under establishing nutrition standards, and grams to child and adult care food subsection (c), the Secretary shall withhold program. funds payable to a State under this Act and dis- collecting health information that Sec. 117. Meal supplements for children in have had a dramatic impact on reduc- burse the funds directly to school food authori- afterschool care. ties, institutions, and service institutions within ing hunger in our country. School Sec. 118. Pilot projects. the State for the purposes authorized by this Act lunches are served to 35 million chil- Sec. 119. Breakfast pilot projects. to the extent that the Secretary has so withheld dren around the nation. Seven million Sec. 120. Training and technical assistance. and disbursed the funds continuously since Oc- Sec. 121. Food service management institute. children receive school breakfasts. tober 1, 1980. Sec. 122. Compliance and accountability. ‘‘(2) USE OF FUNDS.—Any funds withheld and Teachers, parents, child care providers Sec. 123. Information clearinghouse. and school cooks are educated on the Sec. 124. Refocusing of effort to help accommo- disbursed by the Secretary under paragraph (1) importance of good nutrition and about date the special dietary needs of shall be used for the same purposes and be sub- the necessary components of a healthy individuals with disabilities. ject to the same conditions as apply to disburs- ing funds made available to States under this diet. Homeless children are served, TITLE II—SCHOOL BREAKFAST AND Act. commodities are distributed, and thou- RELATED PROGRAMS ‘‘(3) STATE ADMINISTRATION.—If the Secretary sands of school children receive milk. Sec. 201. Elimination of administration of pro- is administering (in whole or in part) any pro- Given the demonstrated effect of im- grams by regional offices. gram authorized under this Act in a State, the proved nutrition on cognition and be- Sec. 202. State administrative expenses. State may, on request to the Secretary, assume havior, the impact of our investment in Sec. 203. Special supplemental nutrition pro- administrative responsibility for the program at gram for women, infants, and the nutritional needs of our nation has any time during the period determined under children. subsection (c). been profound. I commend the Commit- Sec. 204. Nutrition education and training. ‘‘(b) PROVISION OF TRAINING AND TECHNICAL tee’s efforts and look forward to work- TITLE III—COMMODITY DISTRIBUTION ASSISTANCE.—During the period determined ing with my colleagues to enact final PROGRAMS under subsection (c), the Secretary shall provide legislation to renew these very impor- Sec. 301. Commodity distribution program re- a State that assumes administrative responsibil- tant child nutrition programs before forms. ity for a program from the Secretary with train- the year is over. Sec. 302. Food distribution. ing and technical assistance to allow for an effi- Mr. SANTORUM. Mr. President, I TITLE IV—EFFECTIVE DATE cient and effective transfer of the responsibility. ‘‘(c) PERIOD.— ask unanimous consent that the bill, S. Sec. 401. Effective date. ‘‘(1) IN GENERAL.—Except as provided in para- 2286, be considered read a third time, TITLE I—SCHOOL LUNCH AND RELATED graph (2), this section shall apply during the pe- and the Senate then proceed to the PROGRAMS riod beginning on October 1, 1998, and ending consideration of calendar No. 480, H.R. SEC. 101. TECHNICAL AMENDMENTS TO COMMOD- on September 30, 2001. 3874, the House-passed companion ITY PROVISIONS. ‘‘(2) EXTENSION.—The Secretary may extend measure. I further ask consent that all (a) IN GENERAL.—Section 6 of the National the period described in paragraph (1) that ap- after the enacting clause be stricken School Lunch Act (42 U.S.C. 1755) is amended— plies to a program administered by the Secretary and the text of S. 2286 be inserted in (1) by striking subsections (c) and (d); and for a State, for a period not to exceed 2 years, (2) by redesignating subsections (e), (f), and if the State— lieu thereof, the bill be read a third (g) as subsections (c), (d), and (e), respectively. ‘‘(A) demonstrates to the Secretary that the time and passed, and the motion to re- (b) CONFORMING AMENDMENTS.—The National State will not be able to assume administrative consider be laid upon the table. I fur- School Lunch Act is amended by striking ‘‘sec- responsibility for the program during the period ther ask consent that the Senate insist tion 6(e)’’ each place it appears in sections 14(f), described in paragraph (1); and on its amendment, request a con- 16(a), and 17(h)(1)(B) (42 U.S.C. 1762a(f), ‘‘(B) submits a plan to the Secretary that de- ference with the House, and the Chair 1765(a), 1766(h)(1)(B)) and inserting ‘‘section scribes when and how the State will assume ad- be authorized to appoint conferees on 6(c)’’. ministrative responsibility for the program.’’. (b) CONFORMING AMENDMENTS.— the part of the Senate. I finally ask SEC. 102. WAIVER OF REQUIREMENT FOR WEIGHTED AVERAGES FOR NUTRI- (1) Section 7(b) of the National School Lunch that S. 2286 be placed back on the cal- ENT ANALYSIS. Act (42 U.S.C. 1756(b)) is amended in the second endar. Section 9(f) of the National School Lunch Act sentence by striking ‘‘No’’ and inserting ‘‘Dur- The PRESIDING OFFICER. Without (42 U.S.C. 1758(f)) is amended by adding at the ing the period determined under section 10(c), objection, it is so ordered. end the following: no’’. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10539 (2) Section 11(a)(1)(A) of the National School SEC. 108. CRIMINAL PENALTIES. (i) in the first sentence— Lunch Act (42 U.S.C. 1759a(a)(1)(A)) is amended Section 12(g) of the National School Lunch (I) by striking ‘‘(other than private nonprofit by inserting after ‘‘section 10 of this Act’’ the Act (42 U.S.C. 1760(g)) is amended by striking organizations eligible under subsection (a)(7))’’; following: ‘‘(during the period determined under ‘‘$10,000’’ and inserting ‘‘$25,000’’. and section 10(c))’’. SEC. 109. FOOD AND NUTRITION PROJECTS. (II) by striking ‘‘only with food service man- SEC. 105. SPECIAL ASSISTANCE. Section 12(m) of the National School Lunch agement companies registered with the State in Section 11(a)(1) of the National School Lunch Act (42 U.S.C. 1760(m)) is amended by striking which they operate’’ and inserting ‘‘with food Act (42 U.S.C. 1759a(a)(1)) is amended— ‘‘1998’’ each place it appears and inserting service management companies’’; and (1) in subparagraph (C)— ‘‘2003’’. (ii) by striking the last sentence; (A) in clause (i)(I), by striking ‘‘3 successive SEC. 110. ESTABLISHMENT OF AN ADEQUATE (B) in paragraph (2)— school years’’ each place it appears and insert- MEAL SERVICE PERIOD. (i) in the first sentence, by striking ‘‘shall’’ ing ‘‘4 successive school years’’; and Section 12 of the National School Lunch Act and inserting ‘‘may’’; and (B) in clauses (ii) and (iii), by striking ‘‘3- (42 U.S.C. 1760) is amended by adding at the end (ii) by striking the second and third sentences; school-year period’’ each place it appears and the following: (C) by striking paragraph (3); and inserting ‘‘4-school-year period’’; and ‘‘(n) LENGTH OF MEAL SERVICE PERIOD AND (D) by redesignating paragraphs (4) and (5) as (2) in subparagraph (D)— FOOD SERVICE ENVIRONMENT.—A school partici- paragraphs (3) and (4), respectively. (A) in clause (i)— pating in the school lunch program authorized (c) REAUTHORIZATION OF SUMMER FOOD SERV- (i) by striking ‘‘3-school-year period’’ each under this Act or the school breakfast program ICE PROGRAM.—Section 13(q) of the National place it appears and inserting ‘‘4-school-year authorized under section 4 of the Child Nutri- School Lunch Act (42 U.S.C. 1761(q)) is amended period’’; and tion Act of 1966 (42 U.S.C. 1773) is encouraged to by striking ‘‘1998’’ and inserting ‘‘2003’’. (ii) by striking ‘‘2 school years’’ and inserting establish meal service periods that provide chil- SEC. 114. COMMODITY DISTRIBUTION PROGRAM. ‘‘4 school years’’; dren with adequate time to fully consume their Section 14(a) of the National School Lunch (B) in clause (ii)— meals in an environment that is conducive to Act (42 U.S.C. 1762a(a)) is amended by striking (i) by striking the first sentence; and eating the meals.’’. ‘‘1998’’ and inserting ‘‘2003’’. (ii) by striking ‘‘5-school-year period’’ each SEC. 111. BUY AMERICAN. SEC. 115. CHILD AND ADULT CARE FOOD PRO- place it appears and inserting ‘‘4-school-year Section 12 of the National School Lunch Act GRAM. period’’; and (42 U.S.C. 1760) (as amended by section 110) is (a) AFTERSCHOOL CARE.—Section 17(a) of the (C) in clause (iii), by striking ‘‘5-school-year amended by adding at the end the following: National School Lunch Act (42 U.S.C. 1766(a)) is period’’ and inserting ‘‘4-school-year period’’. ‘‘(o) BUY AMERICAN.— amended in the fourth sentence by striking ‘‘Re- SEC. 106. ADJUSTMENTS TO PAYMENT RATES. ‘‘(1) DEFINITION OF DOMESTIC COMMODITY OR imbursement’’ and inserting ‘‘Except as pro- (a) IN GENERAL.—Section 11(a)(3)(B) of the PRODUCT.—In this subsection, the term ‘domestic vided in subsection (r), reimbursement’’. National School Lunch Act (42 U.S.C. commodity or product’ means— (b) REVISION TO LICENSING AND ALTERNATE 1759a(a)(3)(B)) is amended— ‘‘(A) an agricultural commodity that is pro- APPROVAL FOR SCHOOLS AND OUTSIDE SCHOOL (1) by striking ‘‘(B) The annual’’ and insert- duced in the United States; and HOURS CHILD CARE CENTERS.—Section 17(a) of ing the following: ‘‘(B) a food product that is processed in the the National School Lunch Act (42 U.S.C. ‘‘(B) COMPUTATION OF ADJUSTMENT.— United States substantially using agricultural 1766(a)) is amended in the sixth sentence by ‘‘(i) IN GENERAL.—The annual’’; commodities that are produced in the United striking paragraph (1) and inserting the follow- (2) by striking ‘‘Each annual’’ and inserting States. ing: the following: ‘‘(2) REQUIREMENT.—Subject to paragraph (3), ‘‘(1) each institution (other than a school or ‘‘(ii) BASIS.—Each annual’’; the Secretary shall require that a school pur- family or group day care home sponsoring orga- (3) by striking ‘‘The adjustments’’ and insert- chase, to the maximum extent practicable, do- nization) and family or group day care home ing the following: mestic commodities or products. shall— ‘‘(iii) ROUNDING.— ‘‘(3) LIMITATIONS.—Paragraph (2) shall apply ‘‘(A)(i) have Federal, State, or local licensing ‘‘(I) THROUGH APRIL 30, 1999.—For the period only to— or approval; or ending April 30, 1999, the adjustments’’; and ‘‘(A) a school located in the contiguous ‘‘(ii) be complying with appropriate renewal (4) by adding at the end the following: United States; and procedures as prescribed by the Secretary and ‘‘(II) MAY 1, 1999, THROUGH JUNE 30, 1999.—For ‘‘(B) a purchase of an agricultural commodity not be the subject of information possessed by the period beginning on May 1, 1999, and ending or product for the school lunch program author- the State indicating that the license of the insti- on June 30, 1999, the national average payment ized under this Act or the school breakfast pro- tution or home will not be renewed; rates for meals and supplements shall be ad- gram authorized under section 4 of the Child ‘‘(B) in any case in which Federal, State, or justed to the nearest lower cent increment and Nutrition Act of 1966 (42 U.S.C. 1773).’’. local licensing or approval is not available— shall be based on the unrounded amounts used SEC. 112. PROCUREMENT CONTRACTS. ‘‘(i) receive funds under title XX of the Social to calculate the rates in effect on July 1, 1998. Section 12 of the National School Lunch Act Security Act (42 U.S.C. 1397 et seq.); ‘‘(III) JULY 1, 1999, AND THEREAFTER.—On July (42 U.S.C. 1760) (as amended by section 111) is ‘‘(ii) meet any alternate approval standards 1, 1999, and on each subsequent July 1, the na- amended by adding at the end the following: established by a State or local government; or tional average payment rates for meals and sup- ‘‘(p) PROCUREMENT CONTRACTS.—In acquiring ‘‘(iii) meet any alternate approval standards plements shall be adjusted to the nearest lower a good or service using funds provided under established by the Secretary, after consultation cent increment and shall be based on the this Act or the Child Nutrition Act of 1966 (42 with the Secretary of Health and Human Serv- unrounded amounts for the preceding 12-month U.S.C. 1771 et seq.), a State, State agency, or ices; or period.’’. school may enter into a contract with a person ‘‘(C) in any case in which the institution pro- (b) CONFORMING AMENDMENTS.—Section 4(b) that has provided assistance to the State, State vides care to school children outside school of the Child Nutrition Act of 1966 (42 U.S.C. agency, or school in drafting contract specifica- hours and Federal, State, or local licensing or 1773(b)) is amended— tions.’’. approval is not required, meet State or local (1) in the second sentence of paragraph (1)(B), SEC. 113. SUMMER FOOD SERVICE PROGRAM FOR health and safety standards; and’’. by striking ‘‘adjusted to the nearest one-fourth CHILDREN. (c) AUTOMATIC ELIGIBILITY.—Section 17(c) of cent,’’; and (a) ESTABLISHMENT OF SITE LIMITATION.—Sec- the National School Lunch Act (42 U.S.C. (2) in paragraph (2)(B)(ii), by striking ‘‘to the tion 13(a)(7)(B) of the National School Lunch 1766(c)) is amended by striking paragraph (6). nearest one-fourth cent’’. Act (42 U.S.C. 1761(a)(7)(B)) is amended by (d) PERIODIC SITE VISITS.—Section 17(d) of the SEC. 107. ADJUSTMENTS TO REIMBURSEMENT striking clause (i) and inserting the following: National School Lunch Act (42 U.S.C. 1766(d)) is RATES. ‘‘(i) operate— amended— Section 12 of the National School Lunch Act ‘‘(I) not more than 25 sites, with not more (1) in the second sentence of paragraph (1), by (42 U.S.C. 1760) is amended by striking sub- than 300 children being served at any 1 site; or inserting after ‘‘if it’’ the following: ‘‘has been section (f) and inserting the following: ‘‘(II) with a waiver granted by the State agen- visited by a State agency prior to approval and ‘‘(f) ADJUSTMENTS TO REIMBURSEMENT cy under standards developed by the Secretary, it’’; and RATES.—In providing assistance for breakfasts, with not more than 500 children being served at (2) in paragraph (2)(A)— lunches, suppers, and supplements served in any 1 site;’’. (A) by striking ‘‘that allows’’ and inserting Alaska, Hawaii, Guam, American Samoa, Puer- (b) ELIMINATION OF INDICATION OF INTEREST ‘‘that— to Rico, the Virgin Islands, and the Common- REQUIREMENT, REMOVAL OF MEAL CONTRACTING ‘‘(i) allows’’; wealth of the Northern Mariana Islands, the RESTRICTIONS, AND VENDOR REGISTRATION RE- (B) by striking the period at the end and in- Secretary may establish appropriate adjustments QUIREMENTS.—Section 13 of the National School serting ‘‘; and’’; and for each such State to the national average pay- Lunch Act (42 U.S.C. 1761) is amended— (C) by adding at the end the following: ment rates prescribed under sections 4, 11, 13 (1) in subsection (a)(7)(B)— ‘‘(ii) requires periodic site visits to private in- and 17 of this Act and section 4 of the Child Nu- (A) by striking clauses (ii) and (iii); and stitutions that the State agency determines have trition Act of 1966 (42 U.S.C. 1773) to reflect the (B) by redesignating clauses (iv) through (vii) a high probability of program abuse.’’. differences between the costs of providing meals as clauses (ii) through (v) respectively; and (e) TAX EXEMPT STATUS AND REMOVAL OF NO- in those States and the costs of providing meals (2) in subsection (l)— TIFICATION REQUIREMENT FOR INCOMPLETE AP- in all other States.’’. (A) in paragraph (1)— PLICATIONS.—Section 17(d)(1) of the National S10540 CONGRESSIONAL RECORD — SENATE September 17, 1998

School Lunch Act (42 U.S.C. 1766(d)(1)) is ‘‘(C) NO CHARGE.—A supplement claimed for ‘‘(C) NO CHARGE.—A meal or supplement amended— reimbursement under this subsection shall be claimed for reimbursement under this subsection (1) by inserting after the third sentence the served without charge. shall be served without charge.’’. following: ‘‘An institution moving toward com- ‘‘(s) INFORMATION CONCERNING THE SPECIAL (c) HOMELESS CHILDREN NUTRITION PRO- pliance with the requirement for tax exempt sta- SUPPLEMENTAL NUTRITION PROGRAM FOR GRAM.—Section 17B of the National School tus shall be allowed to participate in the child WOMEN, INFANTS, AND CHILDREN.— Lunch Act (42 U.S.C. 1766b) is repealed. and adult care food program for a period of not ‘‘(1) IN GENERAL.—The Secretary shall provide SEC. 117. MEAL SUPPLEMENTS FOR CHILDREN IN more than 180 days, except that a State agency each State agency administering a child and AFTERSCHOOL CARE. may grant a single extension of not to exceed an adult care food program under this section with (a) GENERAL AUTHORITY.—Section 17A(a) of additional 90 days if the institution dem- information concerning the special supplemental the National School Lunch Act (42 U.S.C. onstrates, to the satisfaction of the State agen- nutrition program for women, infants, and chil- 1766a(a)) is amended— cy, that the inability of the institution to obtain dren authorized under section 17 of the Child (1) in paragraph (1), by striking ‘‘supplements tax exempt status within the 180-day period is Nutrition Act of 1966 (42 U.S.C. 1786). to’’ and inserting ‘‘supplements under a pro- due to circumstances beyond the control of the ‘‘(2) REQUIREMENTS FOR STATE AGENCIES.—A gram organized primarily to provide care for’’; institution.’’; and State agency shall ensure that each participat- and (2) by striking the last sentence. ing family and group day care home and child (2) in paragraph (2), by striking subparagraph (f) DEMONSTRATION PROJECTS.—Section 17(p) care center (other than an institution providing (C) and inserting the following: of the National School Lunch Act (42 U.S.C. care to school children outside school hours)— ‘‘(C) operate afterschool programs with an 1766(p)) is amended— ‘‘(A) receives materials that include— educational or enrichment purpose.’’. (1) in paragraph (1), by striking ‘‘appro- ‘‘(i) a basic explanation of the importance and priated or otherwise made available for purposes (b) ELIGIBLE CHILDREN.—Section 17A(b) of the benefits of the special supplemental nutrition National School Lunch Act (42 U.S.C. 1766a(b)) of carrying out this section’’ and inserting program for women, infants, and children; ‘‘made available under paragraph (4)’’; is amended— ‘‘(ii) the maximum State income eligibility (1) in paragraph (1), by striking ‘‘or’’ at the (2) by striking paragraphs (4) and (5); and standards, according to family size, for the pro- (3) by adding at the end the following: end; gram; and ‘‘(4) FUNDING.—Out of any moneys in the (2) in paragraph (2), by striking the period at ‘‘(iii) information concerning how benefits Treasury not otherwise appropriated, the Sec- the end and inserting ‘‘; or’’; and under the program may be obtained; retary of the Treasury shall provide to the Sec- (3) by adding at the end the following: ‘‘(B) is provided periodic updates of the infor- retary such sums as are necessary to carry out ‘‘(3) in the case of children who live in a geo- mation described in subparagraph (A); and graphical area served by a school enrolling ele- this subsection for each of fiscal years 1999 ‘‘(C) provides the information described in mentary students in which at least 50 percent of through 2003. The Secretary shall be entitled to subparagraph (A) to parents of enrolled chil- receive the funds and shall accept the funds.’’. the total number of children enrolled are cer- dren at enrollment.’’. (g) MANAGEMENT SUPPORT, PARTICIPATION BY tified as eligible to receive free or reduced price AT-RISK CHILD CARE PROGRAMS, AND WIC OUT- SEC. 116. TRANSFER OF HOMELESS ASSISTANCE school meals under this Act or the Child Nutri- PROGRAMS TO CHILD AND ADULT REACH.—Section 17 of the National School CARE FOOD PROGRAM. tion Act of 1966 (42 U.S.C. 1771 et seq.), who are Lunch Act (42 U.S.C. 1766) is amended by add- (a) SUMMER FOOD SERVICE PROGRAM FOR not more than 18 years of age.’’. ing at the end the following: CHILDREN.—Section 13(a)(3)(C) of the National (c) REIMBURSEMENT.—Section 17A(c) of the ‘‘(q) MANAGEMENT SUPPORT.— National School Lunch Act (42 U.S.C. 1766a(c)) ‘‘(1) TECHNICAL AND TRAINING ASSISTANCE.—In School Lunch Act (42 U.S.C. 1761(a)(3)(C)) is amended— is amended— addition to the training and technical assist- (1) by striking ‘‘(c) REIMBURSEMENT.—For’’ ance that is provided to State agencies under (1) in clause (i), by inserting ‘‘or’’ after the semicolon; and inserting the following: other provisions of this Act and the Child Nutri- ‘‘(c) REIMBURSEMENT.— tion Act of 1966 (42 U.S.C. 1771 et seq.), the Sec- (2) by striking clause (ii); and (3) by redesignating clause (iii) as clause (ii). ‘‘(1) IN GENERAL.—Except as provided in para- retary shall provide training and technical as- (b) CHILD AND ADULT CARE FOOD PROGRAM.— graph (2), for’’; and sistance in order to assist the State agencies in Section 17 of the National School Lunch Act (as (2) by adding at the end the following: improving their program management and over- amended by section 115(g)) is amended— ‘‘(2) LOW-INCOME AREAS.—A supplement pro- sight under this section. (1) in the third sentence of subsection (a)— vided under this section to a child described in ‘‘(2) FUNDING.—For each of fiscal years 1999 (A) by striking ‘‘and public’’ and inserting subsection (b)(3) shall be— through 2003, the Secretary shall reserve to ‘‘public’’; and ‘‘(A) reimbursed at the rate at which free sup- carry out paragraph (1) $1,000,000 of the (B) by inserting before the period at the fol- plements are reimbursed under section 17(c); and amounts made available to carry out this sec- lowing: ‘‘, and emergency shelters described in ‘‘(B) served without charge.’’. tion. subsection (t)’’; and ‘‘(r) PROGRAM FOR AT-RISK SCHOOL CHIL- SEC. 118. PILOT PROJECTS. (2) by adding at the end the following: DREN.— Section 18 of the National School Lunch Act ‘‘(t) PARTICIPATION BY EMERGENCY SHEL- ‘‘(1) DEFINITION OF AT-RISK SCHOOL CHILD.— (42 U.S.C. 1769) is amended— In this subsection, the term ‘at-risk school child’ TERS.— (1) in subsection (c)— ‘‘(1) DEFINITION OF EMERGENCY SHELTER.—In means a school child who— (A) in paragraphs (1) and (7)(A), by striking ‘‘(A) is not more than 18 years of age; and this subsection, the term ‘emergency shelter’ ‘‘1998’’ each place it appears and inserting ‘‘(B) lives in a geographical area served by a means a public or private nonprofit emergency ‘‘2003’’; and school enrolling elementary students in which at shelter (as defined in section 321 of the Stewart (B) in paragraph (7)— least 50 percent of the total number of children B. McKinney Homeless Assistance Act (42 (i) by striking ‘‘(A)’’; and enrolled are certified as eligible to receive free or U.S.C. 11351)), or a site operated by the shelter, (ii) by striking subparagraph (B); and reduced price school meals under this Act or the that provides food service to homeless children (2) by striking subsections (e), (g), (h), and (i). and their parents or guardians. Child Nutrition Act of 1966 (42 U.S.C. 1771 et SEC. 119. BREAKFAST PILOT PROJECTS. seq.). ‘‘(2) ADMINISTRATION.—Except as otherwise provided in this subsection, the other provisions Section 18 of the National School Lunch Act ‘‘(2) PARTICIPATION IN CHILD AND ADULT CARE (42 U.S.C. 1769) (as amended by section 118(2)) is FOOD PROGRAM.—Subject to the other provisions of this section shall apply to an emergency shel- ter that is participating in the program author- amended by inserting after subsection (d) the of this subsection, an institution that provides following: supplements under a program organized pri- ized under this section. ‘‘(e) BREAKFAST PILOT PROJECTS.— marily to provide care to at-risk school children ‘‘(3) INSTITUTION AND SITE LICENSING.—Sub- ‘‘(1) IN GENERAL.—During each of the school during after-school hours, weekends, or holi- section (a)(1) shall not apply to an emergency shelter. years beginning July 1, 1999, July 1, 2000, and days during the regular school year may partici- July 1, 2001, the Secretary shall make grants to pate in the program authorized under this sec- ‘‘(4) HEALTH AND SAFETY STANDARDS.—To be eligible to participate in the program authorized State agencies to conduct pilot projects in ele- tion. mentary schools under the jurisdiction of not ‘‘(3) ADMINISTRATION.—Except as otherwise under this section, an emergency shelter shall more than 6 school food authorities approved by provided in this subsection, the other provisions comply with applicable State and local health the Secretary— of this section apply to an institution described and safety standards. ‘‘(A) to reduce paperwork and simplify meal in paragraph (2). ‘‘(5) MEAL OR SUPPLEMENT REIMBURSEMENT.— counting requirements; and ‘‘(4) SUPPLEMENT REIMBURSEMENT.— ‘‘(A) LIMITATIONS.—An emergency shelter may ‘‘(A) LIMITATIONS.—An institution may claim claim reimbursement under this subsection only ‘‘(B) to evaluate the effect of providing free reimbursement under this subsection only for— for— breakfasts to elementary school children, with- ‘‘(i) a supplement served under a program or- ‘‘(i) a meal or supplement served to children out regard to family income, on participation, ganized primarily to provide care to at-risk who are not more than 12 years of age residing academic achievement, attendance and tardi- school children during after-school hours, week- at the emergency shelter; and ness, and dietary intake over the course of a ends, or holidays during the regular school ‘‘(ii) not more than 3 meals, or 2 meals and 1 day. year; and supplement, per child per day. ‘‘(2) NOMINATIONS.—A State agency that de- ‘‘(ii) 1 supplement per child per day. ‘‘(B) RATE.—A meal or supplement shall be re- sires to receive a grant under this subsection ‘‘(B) RATE.—Supplements shall be reimbursed imbursed under this subsection at the rate estab- shall submit to the Secretary nominations of under this subsection at the rate established for lished for a free meal or supplement under sub- school food authorities to participate in a pilot free supplements under subsection (c)(3). section (c). project under this subsection. September 17, 1998 CONGRESSIONAL RECORD — SENATE S10541

‘‘(3) APPROVAL.—The Secretary shall approve ‘‘(ii) a determination of the effect that partici- or service institution that participates in a cov- for participation in pilot projects under this sub- pation by elementary schools in the pilot project ered program. section elementary schools under the jurisdic- has on the proportion of students who eat ‘‘(3) INDIVIDUALS WITH DISABILITIES.—The tion of not more than 6 school food authorities breakfast and on the paperwork required to be term ‘individual with disabilities’ has the mean- selected so as to— completed by the schools. ing given the term in section 7 of the Rehabilita- ‘‘(A) provide for an equitable distribution of ‘‘(C) REPORT.—On completion of the pilot tion Act of 1973 (29 U.S.C. 706) for purposes of pilot projects among urban and rural elemen- projects and the evaluation, the Secretary shall title VII of that Act (29 U.S.C. 796 et seq.). tary schools; submit to the Committee on Education and the ‘‘(b) ACTIVITIES.—The Secretary may carry ‘‘(B) provide for an equitable distribution of Workforce of the House of Representatives and out activities to help accommodate the special pilot projects among elementary schools of vary- the Committee on Agriculture, Nutrition, and dietary needs of individuals with disabilities ing family income levels; and Forestry of the Senate a report containing the who are participating in a covered program, in- ‘‘(C) permit the evaluation of pilot projects to results of the evaluation of the pilot projects re- cluding— distinguish the effects of the pilot projects from quired under subparagraph (A). ‘‘(1) developing and disseminating to State other factors, such as changes or differences in ‘‘(10) FEDERAL REIMBURSEMENT.— agencies guidance and technical assistance ma- educational policies or program. ‘‘(A) IN GENERAL.—Except as provided in sub- terials; ‘‘(4) GRANTS TO SCHOOL FOOD AUTHORITIES.— paragraph (B), a school conducting a pilot ‘‘(2) conducting training of State agencies and A State receiving a grant under paragraph (1) project under this subsection shall receive a eligible entities; and shall make grants to school food authorities to total Federal reimbursement under the school ‘‘(3) issuing grants to State agencies and eligi- conduct the pilot projects described in para- breakfast program in an amount that is equal to ble entities.’’. graph (1). the total Federal reimbursement for the school TITLE II—SCHOOL BREAKFAST AND ‘‘(5) DURATION OF PILOT PROJECTS.—A school for the prior year under the program (adjusted RELATED PROGRAMS food authority receiving amounts under a grant for inflation and fluctuations in enrollment). SEC. 201. ELIMINATION OF ADMINISTRATION OF to conduct a pilot project described in para- ‘‘(B) EXCESS NEEDS.—Funds required for the PROGRAMS BY REGIONAL OFFICES. graph (1) shall conduct the project for the 3- pilot project in excess of the level of reimburse- Section 5 of the Child Nutrition Act of 1966 (42 year period beginning July 1, 1999. ment received by the school for the prior year U.S.C. 1774) is amended to read as follows: ‘‘(6) WAIVER AUTHORITY.—The Secretary may (adjusted for inflation and fluctuations in en- ‘‘SEC. 5. DISBURSEMENT TO SCHOOLS BY THE waive the requirements of this Act and the Child rollment) may be taken from any non-Federal SECRETARY. Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) re- source or from amounts provided under this sub- ‘‘(a) AUTHORITY TO ADMINISTER PROGRAMS.— lating to counting of meals, applications for eli- section. ‘‘(1) IN GENERAL.—Except as provided in para- gibility, and other requirements that would pre- ‘‘(11) FUNDING.— graph (3), during the period determined under clude the Secretary from making a grant to con- ‘‘(A) IN GENERAL.—Out of any moneys in the subsection (c), the Secretary shall withhold duct a pilot project under paragraph (1). Treasury not otherwise appropriated, the Sec- funds payable to a State under this Act and dis- ‘‘(7) REQUIREMENTS FOR PARTICIPATION IN retary of the Treasury shall provide to the Sec- burse the funds directly to school food authori- PILOT PROJECT.—To be eligible to participate in retary such sums as are necessary to carry out ties, institutions, and service institutions within a pilot project under this subsection— this subsection, but not more than $20,000,000. the State for the purposes authorized by this Act ‘‘(A) a State— The Secretary shall be entitled to receive the to the extent that the Secretary has so withheld ‘‘(i) shall submit an application to the Sec- funds and shall accept the funds. and disbursed the funds continuously since Oc- retary at such time and in such manner as the ‘‘(B) EVALUATION.—Of the amounts made tober 1, 1980. Secretary shall establish to meet criteria the Sec- available under subparagraph (A), not more ‘‘(2) USE OF FUNDS.—Any funds withheld and retary has established to enable a valid evalua- than $12,000,000 shall be made available to carry disbursed by the Secretary under paragraph (1) tion to be conducted; and out paragraph (9).’’. shall be used for the same purposes and be sub- ‘‘(ii) shall provide such information relating SEC. 120. TRAINING AND TECHNICAL ASSIST- ject to the same conditions as apply to disburs- to the operation and results of the pilot project ANCE. ing funds made available to States under this as the Secretary may reasonably require; and Section 21(e)(1) of the National School Lunch Act. ‘‘(B) a school food authority— Act (42 U.S.C. 1769b–1(e)(1)) is amended by ‘‘(3) STATE ADMINISTRATION.—If the Secretary ‘‘(i) shall agree to serve all breakfasts at no striking ‘‘1998’’ and inserting ‘‘2003’’. is administering (in whole or in part) any pro- charge to all children in participating elemen- SEC. 121. FOOD SERVICE MANAGEMENT INSTI- gram authorized under this Act in a State, the tary schools; TUTE. State may, on request to the Secretary, assume ‘‘(ii) shall not have a history of violations of Section 21(e)(2)(A) of the National School administrative responsibility for the program at this Act or the Child Nutrition Act of 1966 (42 Lunch Act (42 U.S.C. 1769b–1(e)(2)(A)) is amend- any time during the period determined under U.S.C. 1771 et seq.); ed by striking ‘‘and $2,000,000 for fiscal year subsection (c). ‘‘(iii) shall have, under the jurisdiction of the 1996 and each subsequent fiscal year,’’ and in- ‘‘(b) PROVISION OF TRAINING AND TECHNICAL school food authority, a sufficient number of el- serting ‘‘$2,000,000 for each of fiscal years 1996 ASSISTANCE.—During the period determined ementary schools that are not participating in through 1998, and $3,000,000 for fiscal year 1999 under subsection (c), the Secretary shall provide the pilot projects to permit an evaluation of the and each subsequent fiscal year’’. a State that assumes administrative responsibil- effects of the pilot projects; and SEC. 122. COMPLIANCE AND ACCOUNTABILITY. ity for a program from the Secretary with train- ‘‘(iv) shall meet all other requirements that Section 22(d) of the National School Lunch ing and technical assistance to allow for an effi- the Secretary may reasonably require. Act (42 U.S.C. 1769c(d)) is amended by striking cient and effective transfer of administrative re- ‘‘(8) REIMBURSEMENT RATES.—A school food ‘‘1996’’ and inserting ‘‘2003’’. sponsibility. authority conducting a pilot project under this SEC. 123. INFORMATION CLEARINGHOUSE. ‘‘(c) PERIOD.— subsection shall receive reimbursement for each Section 26(d) of the National School Lunch ‘‘(1) IN GENERAL.—Except as provided in para- breakfast served under the pilot project in an Act (42 U.S.C. 1769g(d)) is amended in the first graph (2), this section shall apply during the pe- amount that is equal to— sentence by striking ‘‘and $100,000 for fiscal riod beginning on October 1, 1998, and ending ‘‘(A) in the case of a school food authority year 1998’’ and inserting ‘‘$100,000 for fiscal on September 30, 2001. that is determined by the Secretary not to be in ‘‘(2) EXTENSION.—The Secretary may extend year 1998, and $166,000 for each of fiscal years severe need, the rate for free breakfasts estab- the period described in paragraph (1) that ap- 1999 through 2003’’. lished under section 4(b)(1)(B) of the Child Nu- plies to a program administered by the Secretary trition Act of 1966 (42 U.S.C. 1773(b)(1)(B)); and SEC. 124. REFOCUSING OF EFFORT TO HELP AC- for a State, for a period not to exceed 2 years, COMMODATE THE SPECIAL DIETARY ‘‘(B) in the case of a school food authority NEEDS OF INDIVIDUALS WITH DIS- if the State— that is determined by the Secretary to be in se- ABILITIES. ‘‘(A) demonstrates to the Secretary that the vere need, the rate for free breakfasts estab- Section 27 of the National School Lunch Act State will not be able to assume administrative lished under section 4(b)(2)(B) of the Child Nu- (42 U.S.C. 1769h) is amended to read as follows: responsibility for the program during the period described in paragraph (1); and trition Act of 1966 (42 U.S.C. 1773(b)(2)(B)). ‘‘SEC. 27. ACCOMMODATION OF SPECIAL DIETARY ‘‘(9) EVALUATION OF PILOT PROJECTS.— NEEDS OF INDIVIDUALS WITH DIS- ‘‘(B) submits a plan to the Secretary that de- ‘‘(A) IN GENERAL.—The Secretary, acting ABILITIES. scribes when and how the State will assume ad- through the Administrator of the Food and Nu- ‘‘(a) DEFINITIONS.—In this section: ministrative responsibility for the program.’’. trition Service, shall conduct an evaluation of ‘‘(1) COVERED PROGRAM.—The term ‘covered SEC. 202. STATE ADMINISTRATIVE EXPENSES. the pilot projects conducted by the school food program’ means— (a) HOMELESS SHELTERS.—Section 7(a)(5) of authorities selected for participation. ‘‘(A) the school lunch program authorized the Child Nutrition Act of 1966 (42 U.S.C. ‘‘(B) CONTENT.—The evaluation shall in- under this Act; 1776(a)(5)) is amended by striking subparagraph clude— ‘‘(B) the school breakfast program authorized (B) and inserting the following: ‘‘(i) a determination of the effect of participa- under section 4 of the Child Nutrition Act of ‘‘(B) REALLOCATION OF FUNDS.— tion in the pilot project on the academic 1966 (42 U.S.C. 1773); and ‘‘(i) RETURN TO SECRETARY.—For each fiscal achievement, attendance and tardiness, and die- ‘‘(C) any other program authorized under this year, any amounts appropriated that are not tary intake over the course of a day of partici- Act or the Child Nutrition Act of 1966 that the obligated or expended during the fiscal year and pating children that is not attributable to Secretary determines is appropriate. are not carried over for the succeeding fiscal changes in educational policies and practices; ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en- year under subparagraph (A) shall be returned and tity’ means a school food authority, institution, to the Secretary. S10542 CONGRESSIONAL RECORD — SENATE September 17, 1998

‘‘(ii) REALLOCATION BY SECRETARY.—The Sec- quirement of clause (i) would present a barrier available under clause (i) for the purchase of retary shall allocate, for purposes of administra- to participation. breast pumps. tive costs, any remaining amounts among States ‘‘(iii) REGULATIONS.—The Secretary shall pre- ‘‘(II) MAINTENANCE OF EFFORT.—From that demonstrate a need for the amounts.’’. scribe regulations to carry out clause (ii)(I). amounts allocated for nutrition services and ad- (b) ELIMINATION OF TRANSFER LIMITATION.— ‘‘(F) VERIFICATION.—The Secretary shall issue ministration to amounts allocated for supple- Section 7(a) of the Child Nutrition Act of 1966 regulations under this paragraph prescribing mental foods, a State agency that exercises the (42 U.S.C. 1776(a)) is amended by striking para- when and how verification of income shall be authority of subclause (I) shall transfer an graph (6) and inserting the following: required.’’. amount equal to the amount expended for the ‘‘(6) USE OF ADMINISTRATIVE FUNDS.—Funds (c) DISTRIBUTION OF NUTRITION EDUCATION purchase of breast pumps, or transferred under available to a State under this subsection and MATERIALS.—Section 17(e)(3) of the Child Nutri- this subclause, from amounts allocated for nu- under section 13(k)(1) of the National School tion Act of 1966 (42 U.S.C. 1786(e)(3)) is amend- trition services and administration for the pre- Lunch Act (42 U.S.C. 1761(k)(1)) may be used by ed— ceding fiscal year.’’. (1) by striking ‘‘(3) The’’ and inserting the fol- the State for the costs of administration of the (j) TECHNICAL AMENDMENT.—Section programs authorized under the National School lowing: 17(h)(2)(A)(iv) of the Child Nutrition Act of 1966 ‘‘(3) NUTRITION EDUCATION MATERIALS.— Lunch Act (42 U.S.C. 1751 et seq.) or this Act (42 U.S.C. 1786(h)(2)(A)(iv)) is amended by strik- ‘‘(A) IN GENERAL.—The’’; and (except for the programs authorized under sec- ing ‘‘, to the extent funds are not already pro- tions 17 and 21 of this Act) without regard to (2) by adding at the end the following: ‘‘(B) SHARING OF MATERIALS WITH CSFP.—The vided under subparagraph (I)(v) for the same the basis on which the funds were earned and purpose,’’. allocated.’’. Secretary may provide, in bulk quantity, nutri- tion education materials (including materials (k) LEVEL OF PER-PARTICIPANT EXPENDITURE (c) REAUTHORIZATION OF PROGRAM.—Section FOR NUTRITION SERVICES AND ADMINISTRA- 7(g) of the Child Nutrition Act of 1966 (42 U.S.C. promoting breastfeeding) developed with funds made available for the program authorized TION.—Section 17(h)(2)(B)(ii) of the Child Nutri- 1776(g)) is amended by striking ‘‘1998’’ and in- tion Act of 1966 (42 U.S.C. 1786(h)(2)(B)(ii)) is serting ‘‘2003’’. under this section to State agencies administer- ing the commodity supplemental food program amended by striking ‘‘15 percent’’ and inserting SEC. 203. SPECIAL SUPPLEMENTAL NUTRITION ‘‘10 percent (except that the Secretary may es- PROGRAM FOR WOMEN, INFANTS, authorized under sections 4(a) and 5 of the Ag- riculture and Consumer Protection Act of 1973 tablish a higher percentage for State agencies AND CHILDREN. that are small)’’. (a) CERTIFICATION PERIOD FOR INFANTS.—Sec- (Public Law 93–86; 7 U.S.C. 612c note) at no cost (l) TECHNICAL AMENDMENTS.—Section 17(h)(3) tion 17(d)(3) of the Child Nutrition Act of 1966 to that program.’’. of the Child Nutrition Act of 1966 (42 U.S.C. (42 U.S.C. 1786(d)(3)) is amended by adding at (d) VARIETY OF FOODS.—Section 17(f)(1)(C) of 1786(h)(3)) is amended— the end the following: the Child Nutrition Act of 1966 (42 U.S.C. (1) in subparagraph (E), by striking ‘‘(except ‘‘(C) CERTIFICATION PERIOD FOR INFANTS.— 1786(f)(1)(C)) is amended— (1) by redesignating clauses (ii) through (x) as as provided in subparagraph (G))’’; and ‘‘(i) IN GENERAL.—Except as provided in clause (ii), the procedures prescribed under sub- clauses (iii) through (xi), respectively; and (2) by striking subparagraphs (F) and (G). paragraph (A) shall include a requirement that (2) by inserting after clause (i) the following: (m) CONVERSION OF AMOUNTS FOR SUPPLE- ‘‘(ii) in the case of any State that provides for a family that includes an infant shall not be MENTAL FOODS TO AMOUNTS FOR NUTRITION the purchase of foods under the program at re- certified to meet income eligibility criteria for SERVICES AND ADMINISTRATION.—Section tail grocery stores, a plan to limit participation the program for more than 180 days after the 17(h)(5)(A) of the Child Nutrition Act of 1966 (42 by the stores to stores that offer a variety of date of any certification. U.S.C. 1786(h)(5)(A)) is amended in the matter foods, as determined by the Secretary;’’. ‘‘(ii) PRESUMPTIVELY ELIGIBLE FAMILIES.— preceding clause (i) by striking ‘‘achieves’’ and (e) USE OF CLAIMS FOR VENDORS AND PARTICI- Clause (i) shall not apply to a family with a all that follows through ‘‘such State agency PANTS.—Section 17(f) of the Child Nutrition Act member who is an individual described in clause may’’ and inserting ‘‘submits a plan to reduce of 1966 (42 U.S.C. 1786(f)) is amended by striking (ii) or (iii) of paragraph (2)(A).’’. average food costs per participant and to in- paragraph (21) and inserting the following: (b) ADDITIONAL REQUIREMENTS FOR APPLI- crease participation above the level estimated ‘‘(21) USE OF CLAIMS FROM VENDORS AND PAR- CANTS.—Section 17(d)(3) of the Child Nutrition for the State agency, the State agency may, TICIPANTS.—A State agency may use funds re- with the approval of the Secretary,’’. Act of 1966 (42 U.S.C. 1786(d)(3)) (as amended by covered from vendors and participants, as a re- (n) INFANT FORMULA PROCUREMENT.— subsection (a)) is amended by adding at the end sult of a claim arising under the program, to (1) COMPETITIVE BIDDING SYSTEM.—Section the following: carry out the program during— ‘‘(D) PHYSICAL PRESENCE.— ‘‘(A) the fiscal year in which the claim arises; 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 ‘‘(i) IN GENERAL.—Except as provided in ‘‘(B) the fiscal year in which the funds are U.S.C. 1786(h)(8)(A)) is amended by adding at clause (ii), each applicant to the program shall collected; or the end the following: be physically present at each certification deter- ‘‘(C) the fiscal year following the fiscal year ‘‘(iii) COMPETITIVE BIDDING SYSTEM.—A State mination to determine eligibility under the pro- in which the funds are collected.’’. agency using a competitive bidding system for gram. (f) RECIPIENTS PARTICIPATING AT MORE THAN infant formula shall award a contract to the ‘‘(ii) WAIVERS.—A local agency may waive the 1 SITE.—Section 17(f) of the Child Nutrition Act bidder offering the lowest net price unless the requirement of clause (i) with respect to an ap- of 1966 (42 U.S.C. 1786(f)) is amended by adding State agency demonstrates to the satisfaction of plicant if the agency determines that the re- at the end the following: the Secretary that the weighted average retail quirement, as applied to the applicant, would— ‘‘(23) RECIPIENTS PARTICIPATING AT MORE price for different brands of infant formula in ‘‘(I) conflict with the Americans with Disabil- THAN 1 SITE.—Each State agency shall imple- the State does not vary by more than 5 per- ities Act of 1990 (42 U.S.C. 12101 et seq.); ment a system designed by the State agency to cent.’’. ‘‘(II) present a barrier to participation of a identify recipients who are participating at more (2) REVIEW AND APPROVAL OF SOLICITA- child (including an infant) who— than 1 site under the program.’’. TIONS.—Section 17(h)(8) of the Child Nutrition ‘‘(aa) was present at the initial certification (g) HIGH RISK VENDORS.—Section 17(f) of the Act of 1966 (42 U.S.C. 1786(h)(8)) is amended by visit; and Child Nutrition Act of 1966 (42 U.S.C. 1786(f)) adding at the end the following: ‘‘(bb) is receiving ongoing health care from a (as amended by subsection (f)) is amended by ‘‘(K) REVIEW AND APPROVAL OF SOLICITA- provider other than the local agency; or adding at the end the following: TIONS.—The Secretary shall— ‘‘(III) present a barrier to participation of a ‘‘(24) HIGH RISK VENDORS.—Each State agency ‘‘(i) prior to the issuance of an infant formula child (including an infant) who— shall— cost containment contract solicitation under this ‘‘(aa) was present at the initial certification ‘‘(A) identify vendors that have a high prob- paragraph, review the solicitation to ensure that visit; ability of program abuse; and the solicitation does not contain any anti- ‘‘(bb) was present at a certification determina- ‘‘(B) conduct compliance investigations of the competitive provisions; and tion within the 1-year period ending on the date vendors.’’. ‘‘(ii) approve the solicitation only if the solici- of the certification determination described in (h) REAUTHORIZATION OF PROGRAM.—Section tation does not contain any anticompetitive pro- clause (i); and 17 of the Child Nutrition Act of 1966 (42 U.S.C. visions.’’. ‘‘(cc) has 1 or more parents who work. 1786) is amended in subsections (g)(1) and (o) INFRASTRUCTURE AND BREASTFEEDING SUP- ‘‘(E) INCOME DOCUMENTATION.— (h)(2)(A) by striking ‘‘1998’’ each place it ap- PORT AND PROMOTION.—Section 17(h)(10)(A) of ‘‘(i) IN GENERAL.—Except as provided in pears and inserting ‘‘2003’’. the Child Nutrition Act of 1966 (42 U.S.C. clause (ii), to be eligible for the program, each (i) PURCHASE OF BREAST PUMPS.—Section 1786(h)(10)(A)) is amended by striking ‘‘1998’’ applicant to the program shall provide— 17(h)(1)(C) of the Child Nutrition Act of 1966 (42 and inserting ‘‘2003’’. ‘‘(I) documentation of household income; or U.S.C. 1786(h)(1)(C)) is amended— ‘‘(II) documentation of participation in a pro- (1) by striking ‘‘(C) In’’ and inserting the fol- (p) MANAGEMENT INFORMATION SYSTEM gram described in clause (ii) or (iii) of para- lowing: PLAN.—Section 17(h) of the Child Nutrition Act graph (2)(A). ‘‘(C) REMAINING AMOUNTS.— of 1966 (42 U.S.C. 1786(h)) is amended by adding ‘‘(ii) WAIVERS.—A State agency may waive the ‘‘(i) IN GENERAL.—Except as provided in at the end the following: requirement of clause (i) with respect to— clause (ii), in’’; and ‘‘(11) MANAGEMENT INFORMATION SYSTEM ‘‘(I) an applicant for whom the necessary doc- (2) by adding at the end the following: PLAN.— umentation is not available; or ‘‘(ii) BREAST PUMPS.— ‘‘(A) IN GENERAL.—In consultation with State ‘‘(II) an applicant, such as a homeless woman ‘‘(I) IN GENERAL.—Beginning with fiscal year agencies, retailers, and other interested persons, or child, for whom the agency determines the re- 2000, a State agency may use amounts made the Secretary shall establish a long-range plan September 17, 1998 CONGRESSIONAL RECORD — SENATE S10543 for the development and implementation of man- ‘‘(I) there is a need for an increase in funds; vendor a civil penalty in an amount determined agement information systems (including elec- and by the State agency, except that— tronic benefit transfers) to be used in carrying ‘‘(II) the use of the increased funding will be ‘‘(i) the amount of the civil penalty shall not out the program. consistent with serving nutritionally at-risk per- exceed $20,000; and ‘‘(B) REPORT.—Not later than 2 years after sons and expanding the awareness and use of ‘‘(ii) the amount of civil penalties imposed for the date of enactment of this paragraph, the farmers’ markets;’’; violations investigated as part of a single inves- Secretary shall submit to the Committee on Edu- (iii) in clause (iii), by striking the period at tigation may not exceed $40,000.’’. cation and the Workforce of the House of Rep- the end and inserting ‘‘; and’’; and (2) REGULATIONS.—The amendment made by resentatives and the Committee on Agriculture, (iv) by adding at the end the following: paragraph (1) shall take effect on the date on Nutrition, and Forestry of the Senate a report ‘‘(iv) whether, in the case of a State that in- which the Secretary of Agriculture issues a final on actions taken to carry out subparagraph (A). tends to use any funding provided under sub- regulation that includes the criteria for— ‘‘(C) INTERIM PERIOD.—Prior to the date of paragraph (G)(i) to increase the value of the (A) making hardship determinations; and submission of the report of the Secretary re- Federal share of the benefits received by a recip- (B) determining the amount of a civil money quired under subparagraph (B), the cost of sys- ient, the funding provided under subparagraph penalty in lieu of disqualification. tems or equipment that may be required to test (G)(i) will increase the rate of coupon redemp- (t) CRIMINAL FORFEITURE.—Section 17 of the management information systems (including tion.’’; Child Nutrition Act of 1966 (42 U.S.C. 1786) (as electronic benefit transfers) for the program may (B) by striking subparagraph (F); amended by subsection (s)(1)) is amended by not be imposed on a retail food store.’’. (C) in subparagraph (G)— adding at the end the following: (q) USE OF FUNDS IN PRECEDING AND SUBSE- (i) in clause (i)— ‘‘(p) CRIMINAL FORFEITURE.— QUENT FISCAL YEARS.— (I) in the first sentence, by striking ‘‘that ‘‘(1) IN GENERAL.—In addition to any other (1) IN GENERAL.—Section 17(i)(3)(A) of the wish’’ and all follows through ‘‘to do so’’ and penalty or sentence, a court may order that a Child Nutrition Act of 1966 (42 U.S.C. inserting ‘‘whose State plan’’; and person forfeit to the United States all property 1786(i)(3)(A)) is amended— (II) in the second sentence, by striking ‘‘for described in paragraph (2), in imposing a sen- (A) by striking ‘‘subparagraphs (B) and (C)’’ additional recipients’’; and tence on a person convicted of a violation of this and inserting ‘‘subparagraph (B)’’; and (ii) in the second sentence of clause (ii), by section (including a regulation) under— (B) by striking clauses (i) and (ii) and insert- striking ‘‘that desire to serve additional recipi- ‘‘(A) section 12(g) of the National School ing the following: ents, and’’; and Lunch Act (42 U.S.C. 1760(g)); or ‘‘(i)(I) not more than 1 percent (except as pro- (D) by redesignating subparagraph (G) as sub- ‘‘(B) any other Federal law imposing a pen- vided in subparagraph (C)) of the amount of paragraph (F); and alty for embezzlement, willful misapplication, funds allocated to a State agency under this (3) in paragraph (9)(A), by striking ‘‘1998’’ stealing, obtaining by fraud, or trafficking in section for supplemental foods for a fiscal year and inserting ‘‘2003’’. food instruments, funds, assets, or property, may be expended by the State agency for allow- (s) DISQUALIFICATION OF CERTAIN VENDORS.— that have a value of $100 or more. able expenses incurred under this section for (1) IN GENERAL.—Section 17 of the Child Nu- ‘‘(2) PROPERTY SUBJECT TO FORFEITURE.—All supplemental foods during the preceding fiscal trition Act of 1966 (42 U.S.C. 1786) is amended by property, real and personal, used in a trans- year; and adding at the end the following: action or attempted transaction, to commit, or to ‘‘(II) not more than 1 percent of the amount ‘‘(o) DISQUALIFICATION OF VENDORS CON- facilitate the commission of, a violation (other of funds allocated to a State agency under this VICTED OF TRAFFICKING OR ILLEGAL SALES.— than a misdemeanor) of any provision of this section for nutrition services and administration ‘‘(1) IN GENERAL.—Except as provided in para- section (including a regulation), or proceeds for a fiscal year may be expended by the State graph (4), a State agency shall permanently dis- traceable to a violation of any provision of this agency for allowable expenses incurred under qualify from participation in the program au- section (including a regulation), shall be subject this section for supplemental foods and nutri- thorized under this section a vendor convicted to forfeiture to the United States under para- tion services and administration during the pre- of— graph (1). ceding fiscal year; and ‘‘(A) trafficking in food instruments (includ- ‘‘(3) INTEREST OF OWNER.—No interest in ‘‘(ii)(I) for each fiscal year, of the amounts al- ing any voucher, draft, check, or access device property shall be forfeited under this subsection located to a State agency for nutrition services (including an electronic benefit transfer card or as the result of any act or omission established and administration, an amount equal to not personal identification number) issued in lieu of by the owner of the interest to have been com- more than 1 percent of the amount allocated to a food instrument under this section); or mitted or omitted without the knowledge or con- the State agency under this section for the fiscal ‘‘(B) selling firearms, ammunition, explosives, sent of the owner. year may be expended by the State agency for or controlled substances (as defined in section ‘‘(4) PROCEEDS.—The proceeds from any sale allowable expenses incurred under this section 102 of the Controlled Substances Act (21 U.S.C. of forfeited property and any amounts forfeited for nutrition services and administration during 802)) in exchange for food instruments. under this subsection shall be used— the subsequent fiscal year; and ‘‘(2) NOTICE OF DISQUALIFICATION.—The State ‘‘(A) first, to reimburse the Department of Jus- ‘‘(II) for each fiscal year, of the amounts allo- agency shall— tice, the Department of the Treasury, and the cated to a State agency for nutrition services ‘‘(A) provide the vendor with notification of United States Postal Service for the costs in- and administration, an amount equal to not the disqualification; and curred by the Departments or Service to initiate more than 1⁄2 of 1 percent of the amount allo- ‘‘(B) make the disqualification effective on the and complete the forfeiture proceeding; cated to the State agency under this section for date of receipt of the notice of disqualification. ‘‘(B) second, to reimburse the Office of Inspec- the fiscal year may be expended by the State ‘‘(3) PROHIBITION OF RECEIPT OF LOST REVE- tor General of the Department of Agriculture for agency, with the prior approval of the Sec- NUES.—A vendor shall not be entitled to receive any costs incurred by the Office in the law en- retary, for the development of a management in- any compensation for revenues lost as a result forcement effort resulting in the forfeiture; formation system, including an electronic bene- of disqualification under this subsection. ‘‘(C) third, to reimburse any Federal, State, or fit transfer system, during the subsequent fiscal ‘‘(4) EXCEPTIONS IN LIEU OF DISQUALIFICA- local law enforcement agency for any costs in- year.’’. TION.— curred in the law enforcement effort resulting in (2) CONFORMING AMENDMENTS.—Section 17 of ‘‘(A) IN GENERAL.—A State agency may permit the forfeiture; and the Child Nutrition Act of 1966 (42 U.S.C. 1786) a vendor that, but for this paragraph, would be ‘‘(D) fourth, by the State agency to carry out is amended— disqualified under paragraph (1), to continue to approval, reauthorization, and compliance in- (A) in subsection (h)(10)(A), by inserting after redeem food instruments or otherwise provide vestigations of vendors.’’. ‘‘nutrition services and administration funds’’ supplemental foods to participants if the State (u) STUDY AND REPORT ON COST CONTAINMENT the following: ‘‘and supplemental foods funds’’; agency determines, in its sole discretion accord- PRACTICES.— and ing to criteria established by the Secretary, (1) STUDY.—The Comptroller General of the (B) in subsection (i)(3)— that— United States shall conduct a study on the ef- (i) by striking subparagraphs (C) through (G); ‘‘(i) disqualification of the vendor would fect of cost containment practices of States and cause hardship to participants in the program under the special supplemental nutrition pro- (ii) by redesignating subparagraph (H) as sub- authorized under this section; or gram for women, infants, and children author- paragraph (C). ‘‘(ii)(I) the vendor had, at the time of the con- ized under section 17 of the Child Nutrition Act (r) FARMERS MARKET NUTRITION PROGRAM.— viction under paragraph (1), an effective policy of 1966 (42 U.S.C. 1786) for the selection of ven- Section 17(m) of the Child Nutrition Act of 1966 and program in effect to prevent violations of dors and approved food items (other than infant (42 U.S.C. 1786(m)) is amended— this section; and formula) on— (1) in the first sentence of paragraph (3), by ‘‘(II) the ownership of the vendor was not (A) program participation; inserting ‘‘or from program income’’ before the aware of, did not approve of, did not benefit (B) access and availability of prescribed foods; period at the end; from, and was not involved in the conduct of (C) voucher redemption rates and actual food (2) in paragraph (6)— the violation. selections by participants; (A) in subparagraph (C)— ‘‘(B) CIVIL PENALTY.—If a State agency au- (D) participants on special diets or with spe- (i) by striking ‘‘serve additional recipients thorizes a vendor that, but for this paragraph, cific food allergies; in’’; would be disqualified under paragraph (1) to re- (E) participant consumption of, and satisfac- (ii) by striking clause (ii) and inserting the deem food instruments or provide supplemental tion with, prescribed foods; following: foods under subparagraph (A), in lieu of dis- (F) achievement of positive health outcomes; ‘‘(ii) documentation that demonstrates that— qualification, the State agency shall assess the and S10544 CONGRESSIONAL RECORD — SENATE September 17, 1998

(G) program costs. ‘‘(B) FREQUENCY.—The information shall be recovering funds or services from a supplier or (2) REPORT.—Not later than 2 years after the collected at least once every 2 years. other entity regarding the hazardous commod- date of enactment of this Act, the Comptroller ‘‘(C) ADDITIONAL SUBMISSIONS.—The Sec- ities. General shall submit to the Secretary of Agri- retary— ‘‘(d) CREDITING OF RECOVERED FUNDS.— culture, the Committee on Education and the ‘‘(i) may require submission of information de- Funds recovered from a supplier or other entity Workforce of the House of Representatives, and scribed in subparagraph (A) from recipient regarding the hazardous commodities shall— the Committee on Agriculture, Nutrition, and agencies participating in other domestic food as- ‘‘(1) be credited to the account available to Forestry of the Senate a report containing the sistance programs administered by the Sec- carry out section 32 of the Act of August 24, 1935 results of the study conducted under paragraph retary; and (49 Stat. 774, chapter 641; 7 U.S.C. 612c), to the (1). ‘‘(ii) shall provide the recipient agencies a extent the funds represent expenditures from (v) STUDY AND REPORT ON WIC SERVICES.— means for voluntarily submitting customer ac- that account under subsections (a) and (c); and (1) STUDY.—The Comptroller General of the ceptability information.’’. ‘‘(2) remain available to carry out the pur- United States shall conduct a study that as- SEC. 302. FOOD DISTRIBUTION. poses of section 32 of that Act until expended. sesses— (a) IN GENERAL.—Sections 8 through 12 of the ‘‘SEC. 11. AUTHORITY TO ACCEPT COMMODITIES (A) the cost of delivering services under the Commodity Distribution Reform Act and WIC DONATED BY FEDERAL SOURCES. special supplemental nutrition program for Amendments of 1987 (Public Law 100–237; 7 ‘‘(a) IN GENERAL.—The Secretary may accept women, infants, and children authorized under U.S.C. 612c note) are amended to read as fol- donations of commodities from any Federal section 17 of the Child Nutrition Act of 1966 (42 lows: agency, including commodities of another Fed- U.S.C. 1786), including the costs of implementing ‘‘SEC. 8. AUTHORITY TO TRANSFER COMMODITIES eral agency determined to be excess personal and administering cost containment efforts; BETWEEN PROGRAMS. property pursuant to section 202(d) of the Fed- (B) the fixed and variable costs incurred by ‘‘(a) TRANSFER.—Subject to subsection (b), the eral Property and Administrative Services Act of State and local governments for delivering the Secretary may transfer any commodities pur- 1949 (40 U.S.C. 483(d)). services; chased for a domestic food assistance program ‘‘(b) USE.—The Secretary may donate the (C) the quality of the services delivered, tak- commodities received under subsection (a) to ing into account the effect of the services on the administered by the Secretary to any other do- mestic food assistance program administered by States for distribution through any domestic health of participants; and food assistance program administered by the (D) the costs incurred for personnel, automa- the Secretary if the transfer is necessary to en- Secretary. tion, central support, and other activities to de- sure that the commodities will be used while the ‘‘(c) PAYMENT.—Notwithstanding section liver the services and whether the costs meet commodities are still suitable for human con- 202(d) of the Federal Property and Administra- Federal audit standards for allowable costs sumption. tive Services Act of 1949 (40 U.S.C. 483(d)), the under the program. ‘‘(b) REIMBURSEMENT.—The Secretary shall, to Secretary shall not be required to make any (2) REPORT.—Not later than 3 years after the the maximum extent practicable, provide reim- payment in connection with the commodities re- date of enactment of this Act, the Comptroller bursement for the value of the commodities ceived under subsection (a).’’. General shall submit to the Secretary of Agri- transferred under subsection (a) from accounts (b) EFFECT ON PRIOR AMENDMENTS.—The culture, the Committee on Education and the available for the purchase of commodities under amendment made by subsection (a) does not af- Workforce of the House of Representatives, and the program receiving the commodities. fect the amendments made by sections 8 through the Committee on Agriculture, Nutrition, and ‘‘(c) CREDITING.—Any reimbursement made 12 of the Commodity Distribution Reform Act Forestry of the Senate a report containing the under subsection (b) shall— and WIC Amendments of 1987 (Public Law 100– results of the study conducted under paragraph ‘‘(1) be credited to the accounts that incurred 237; 7 U.S.C. 612c note), as in effect on Septem- (1). the costs when the transferred commodities were originally purchased; and ber 30, 1998. SEC. 204. NUTRITION EDUCATION AND TRAINING. ‘‘(2) be available for the purchase of commod- Section 19(i) of the Child Nutrition Act of 1966 TITLE IV—EFFECTIVE DATE ities with the same limitations as are provided (42 U.S.C. 1788(i)) is amended— SEC. 401. EFFECTIVE DATE. for appropriated funds for the reimbursed ac- (1) by striking the subsection heading and all Except as otherwise provided in this Act, this counts for the fiscal year in which the transfer that follows through paragraph (3)(A) and in- Act and the amendments made by this Act take takes place. serting the following: effect on October 1, 1998. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘SEC. 9. AUTHORITY TO RESOLVE CLAIMS. UTCH ‘‘(1) IN GENERAL.— ‘‘(a) IN GENERAL.—The Secretary may deter- The Presiding Officer (Mr. H - ‘‘(A) FUNDING.—There are authorized to be mine the amount of, settle, and adjust all or INSON) appointed Mr. LUGAR, Mr. COCH- appropriated such sums as are necessary to part of a claim arising under a domestic food as- RAN, Mr. MCCONNELL, Mr. HARKIN and carry out this section for each of fiscal years sistance program administered by the Secretary. Mr. LEAHY conferees on the part of the 1997 through 2003.’’; and ‘‘(b) WAIVERS.—The Secretary may waive a Senate. (2) by redesignating paragraphs (4) and (5) as claim described in subsection (a) if the Secretary f paragraphs (2) and (3), respectively. determines that a waiver would serve the pur- TITLE III—COMMODITY DISTRIBUTION poses of the program. ORDERS FOR FRIDAY, SEPTEMBER PROGRAMS ‘‘(c) AUTHORITY OF THE ATTORNEY GEN- 18, 1998 SEC. 301. COMMODITY DISTRIBUTION PROGRAM ERAL.—Nothing in this section diminishes the authority of the Attorney General under section Mr. SANTORUM. Mr. President, I REFORMS. ask unanimous consent that when the (a) COMMODITY SPECIFICATIONS.—Section 3(a) 516 of title 28, United States Code, or any other of the Commodity Distribution Reform Act and provision of law, to supervise and conduct liti- Senate completes its business today, it WIC Amendments of 1987 (Public Law 100–237; 7 gation on behalf of the United States. stand in adjournment until 8:30 a.m., U.S.C. 612c note) is amended by striking para- ‘‘SEC. 10. PAYMENT OF COSTS ASSOCIATED WITH Friday, September 18. I further ask graph (2) and inserting the following: REMOVAL OF COMMODITIES THAT that when the Senate reconvenes on ‘‘(2) APPLICABILITY.—Paragraph (1) shall POSE A HEALTH OR SAFETY HAZARD. Friday, immediately following the apply to— ‘‘(a) IN GENERAL.—The Secretary may use funds available to carry out section 32 of the prayer, the journal of proceedings be ‘‘(A) the commodity supplemental food pro- approved, no resolutions come over gram authorized under sections 4(a) and 5 of the Act of August 24, 1935 (49 Stat. 774, chapter 641; Agriculture and Consumer Protection Act of 7 U.S.C. 612c), that are not otherwise committed, under the rule, the call of the calendar 1973 (Public Law 93–86; 7 U.S.C. 612c note); for the purpose of reimbursing States for State be waived, and the morning hour be ‘‘(B) the food distribution program on Indian and local costs associated with the removal of deemed to have expired, and the time reservations authorized under section 4(b) of the commodities distributed under any domestic food for the two leaders be reserved. Food Stamp Act of 1977 (7 U.S.C. 2013(b)); and assistance program administered by the Sec- The PRESIDING OFFICER. Without ‘‘(C) the school lunch program authorized retary if the Secretary determines that the com- objection, it is so ordered. under the National School Lunch Act (42 U.S.C. modities pose a health or safety hazard. f 1751 et seq.).’’. ‘‘(b) ALLOWABLE COSTS.—The costs— (b) CUSTOMER ACCEPTABILITY INFORMATION.— ‘‘(1) may include costs for storage, transpor- PROGRAM Section 3(f) of the Commodity Distribution Re- tation, processing, and destruction of the haz- form Act and WIC Amendments of 1987 (Public ardous commodities; and Mr. SANTORUM. For the informa- Law 100–237; 7 U.S.C. 612c note) is amended by ‘‘(2) shall be subject to the approval of the tion of all Members, the Senate will striking paragraph (2) and inserting the follow- Secretary. convene tomorrow morning at 8:30 a.m. ing: ‘‘(c) REPLACEMENT COMMODITIES.— and begin 1 hour of debate on the veto ‘‘(2) CUSTOMER ACCEPTABILITY INFORMA- ‘‘(1) IN GENERAL.—The Secretary may use message to accompany the partial- TION.— funds described in subsection (a) for the purpose birth abortion ban legislation. Upon ‘‘(A) IN GENERAL.—The Secretary shall ensure of purchasing additional commodities if the pur- that information with respect to the types and chase will expedite replacement of the hazard- the conclusion of debate time the Sen- forms of commodities that are most useful is col- ous commodities. ate will vote on the question of passing lected from recipient agencies participating in ‘‘(2) RECOVERY.—Use of funds under para- the bill, ‘‘the objections of the Presi- programs described in subsection (a)(2). graph (1) shall not restrict the Secretary from dent to the contrary notwithstanding.’’ September 17, 1998 CONGRESSIONAL RECORD — SENATE S10545 Following that vote, the Senate may the lie of partial-birth abortion being They say—they say—and I will quote turn to the consideration of any legis- something that is medically necessary them—they say: lative or executive items cleared for or that simply this baby is just sort of [We] could identify no circumstances under action. As a reminder to all Members, this blob of tissue. This baby is outside which this procedure . . . would be the only a vote has been scheduled to occur at of the mother. Its arms, its legs, its option to save the life or preserve the health 2:20 p.m. Tuesday, September 22 in re- torso, outside of the mother—just of the woman. lation to the KENNEDY minimum wage inches away from being born. That is an admission by the organiza- amendment. One of the things I often marvel at— tion that all those in opposition to this f and I just do not understand—is why bill use as their medical shield. Listen wouldn’t you, if you have gone through to what they say. They never read this ORDER FOR ADJOURNMENT the process, as I described earlier part of the letter. They only read the Mr. SANTORUM. If there is no fur- today, of dilating the cervex over 3 second part, which I will read to fully ther business to come before the Sen- days, reaching in with forceps and pull- disclose. I will read it again, an ACOG ate, I now ask unanimous consent the ing the baby out in a breached posi- policy statement emanating from the Senate stand in adjournment under the tion, which is dangerous, again, for the review declared that: previous order, following the remarks baby and mother, and you deliver that A select panel [the panel they selected to of the Senator from Pennsylvania or review this] could identify no circumstances entire baby, why wouldn’t you just let under which this procedure [partial-birth any person he should yield to. the rest of the baby come out? abortion], would be the only option to save The PRESIDING OFFICER (Mr. Why is it necessary to protect the the life or preserve the health of the woman. DEWINE). Without objection, it is so health of the mother at that point in They went on to say that a partial- ordered. time—now that you have gone through birth abortion: Mr. SANTORUM. Thank you, Mr. all this other procedure—at that very . . . however, may be the best or most ap- President. crucial moment when the doctor takes propriate procedure in a particular cir- f those scissors and begins the process of cumstance to save the life or preserve the killing that baby? Why at that moment health of a woman. PARTIAL-BIRTH ABORTION is the mother’s health in less danger if They say that: Mr. SANTORUM. If I can, let us re- you kill that baby than if you just gave . . . only the doctor, in consultation with turn to the issue that we have spent a that little, helpless, defenseless and, the patient based upon the woman’s particu- great deal of the day debating. I know yes, even at times imperfect life the lar circumstances can make this decision. the hour is late. Let me thank the staff opportunity for life? That is what you hear from the other who are here, the pages, and others. Why does that so endanger the moth- side. What you do not hear from the The pages are actually very happy I am er to do that? Why is it necessary to other side is that this report lists no up here talking, because if I talk for a thrust these Metzenbaum scissors into circumstances to support that claim. little while longer they will not have the base of the baby’s skull? Why is it They can give, and in fact have given— school in the morning. So that will be necessary to suction the baby’s brains this was written well over a year ago— a good thing for them—as I see the out? they have given no medical situation, smiles down there and the encourage- So many doctors have described to no scenario, no hypothetical where ment to wind it up and get going. me in testimony—and today at a press what they say may happen would, in I thank the Senator from Arkansas conference—the complications result- fact, happen, which is that a partial- for his indulgence in presiding during ing from this blind procedure where the birth abortion would be preferable to these remarks. But as I mentioned physician has to feel for the base of the some other procedure. They just think today, I think this is one of the most neck and could slip and miss. As the it might. important issues we can face here in Senator from Tennessee testified Now, I might be wrong, but there are the U.S. Senate. As the Senator from today, there are large vessels, blood probably very few things that are hap- Ohio eloquently said, it begins the vessels within a centimeter from the pening in obstetrics today that haven’t process of defining who we are as a point where this procedure is done that happened for the past several years. country and what will become of us as a minor miss could lacerate and cause There are not a lot of new things com- a civilization if we do not begin to hemorrhaging and severe complica- ing up. There are problems that come draw lines where lines need to be tions, or by thrusting the scissors in up routinely. There may be some drawn. the back of the neck, through a bony strange problems; they are probably I just find it remarkable that we part of the brain, you could only imag- not new. To make this kind of statement and seem to create these fictions when it ine what would happen to the skull of support it with no evidence is irrespon- comes to life. When it comes to the life that baby and what damage that skull sible. To use this organization and this of little children, we create this fiction could do to the mother. statement as a shield when they can- in our mind. And it was a fiction that How can we—how can we—continue not provide one single example where was created back when Roe v. Wade to contend or pretend that this is this procedure would be preferable, was decided that these were not really healthy for the mother to end this again, just builds up the record that I babies. baby’s life when it is this close and a have laid out. This entire debate is We did not have good ultrasounds delivery could be performed? Let’s get based upon a series of misleading state- then and the kind of technology where away from that charade because it is a ments to try to divert attention away we could really see how developed charade. It is not about the health of from the horrible, barbaric reality and these little babies were in the womb. the mother; it is about killing a baby. the fact that this is not a medically They were just sort of passed off as It is about making sure, beyond any necessary procedure. these sort of blobs. Yet, we now know, certainty, beyond any doubt, that the I want to get back for 1 minute to through the miracle of ultrasound, and result of this abortion you are going to the issue of life of the mother which I other techniques, that these are pre- have is a dead baby. addressed a few minutes ago. I said I cious little developing babies. That is what this is about. This is would read the piece of legislation It is very difficult as a father who about a lethal form of abortion, not a itself to put to bed, if you will, any has seen those ultrasounds of our chil- healthy form for the mother—far from concern by anyone who might be lis- dren to dismiss the humanity, that my it. Even folks who disagree with this tening that there isn’t a legitimate wife Karen was carrying a blob of tis- legislation will tell you that this very life-of-the-mother exception. I noted sue or something that was prehuman. well may not be the safest form. In the American Medical Association’s But we tell these lies to ourselves in fact, that organization has not done letter of endorsement of this bill. They order that we can go on and in order any studies to prove it is safe, that is, believe there is a legitimate exception that we can sort of live with our own the American College of Obstetrics and if the life of the mother is in danger. internal inconsistencies. Gynecologists. They have done no stud- Let me read the actual legislation, One lie you cannot tell, one lie that ies to prove that this procedure is safe, the paragraph on prohibition of par- is inescapable—inescapably alive—is that this procedure is preferable. tial-birth abortion: S10546 CONGRESSIONAL RECORD — SENATE September 17, 1998 .. . shall not apply to a partial-birth abor- Thank you for the opportunity to work arms. Young Tony answered the ques- tion that is necessary to save the life of a with you towards restricting a procedure we tion one day when he was in his crib. mother whose life is endangered by a phys- all agree is not good medicine. His mother had put away the toys that ical disorder, illness, or injury. Not good medicine. he had been given as gifts because she Now, I cannot imagine a life-of-the- With respect to the points they assumed he would be unable to enjoy mother situation this does not cover. make, many of the courts—while some them. However, Tony showed he could In fact, I don’t recall any example from have validated the statutes, some of play just like any other child when a the other side of a life-of-the-mother the courts have been concerned about red balloon landed in his crib. He began situation that this does not cover. vagueness, of what procedure we are bouncing it up and down with his feet, They just say it is different from other actually defining. laughing and giggling. She placed the life-of-the-mother exceptions that we We worked with the American Medi- toys in the crib and vowed that day put forward. But they don’t say where cal Association to come up with a new that she would never assume Tony the ‘‘hole’’ is in the exception. definition, a tighter definition that put could not do anything because of his I think it is very clear and very cer- the physician, as they say, on notice as disability. She would let him try. tain that there is an adequate protec- to the exact nature of the prohibited Tony needed corrective surgery for tion in that case. conduct, which I think is important to his club foot. Since Nicaragua did not I will say that I cannot imagine—and meet constitutional scrutiny. have adequate facilities, or the level of I have talked to many physicians on Second, we provide an opportunity care he needed, they went to Los Ange- this point—I cannot imagine a woman for the procedure and the conduct of les. Due to the nature and length of coming into an emergency room where the physician to be reviewed by the time involved in Tony’s corrective sur- her life is in danger, whether she is State medical board to see whether, in gery, the family decided to stay in the hemorrhaging or has preeclampsia—I fact, it was necessary under some cir- United States and become citizens. can’t imagine a doctor, being presented cumstance, which was an important Tony spent most of his childhood in with this emergency case where they peer review element that we think is a Southeastern California. must act within a short period of time, safeguard, if you will, for the physi- Tony enjoyed sports, particularly saying, ‘‘We are going to dilate your cian. volley ball—volley ball?—where he cervix over a 3-day period of time and A couple of other points that I want would hit the ball with his head back we will perform this procedure.’’ That to make before I go back to talking over the net. And, of course, he liked just wouldn’t happen. It is almost ab- about what I was talking about when soccer. As a sixth grader, Tony wanted surd to suggest that this would actu- we had to conclude debate earlier to play a game that the neighbor kids ally be used in a situation where the today. were playing, in which his brother Jose life of the mother was threatened. This is a picture of a young man by excelled—basketball. He tried, with Yes, there is a life-of-the-mother ex- the name of Tony Melendez. That is great difficulty, with his feet to do ception, but there is absolutely no cir- Tony. Tony Melendez will be here in what his peers did so easily with their cumstance I could conceive of—and I Washington tomorrow up in the Senate hands. After being told by his brother don’t recall any information from any gallery watching the vote on partial- that he could not do it, he was deter- of the medical experts by the other side birth abortion, because Tony’s disabil- mined to do it, and despite blistering coming out and saying medical experts ity, Tony’s handicap, is one of the dis- and even bleeding toes, one day he believe that there is a case where the abilities that has been mentioned here eventually succeeded. The one thing life of the mother is in danger in an on the floor as a good reason to per- Tony hated more than anything else emergency situation where they may form a partial-birth abortion. was growing up and not being treated use this. I don’t think they even made Senators come up and say there are as an equal. When once asked whether claims of the woman presenting herself children who will be so grossly de- he preferred to be called handicapped to a hospital or a clinic, where her life formed. They may be blind—I am not or disabled, Tony responded that he is in danger, that any practitioner making this up; this is what was said— would like to be called ‘‘human.’’ would use a 3-day procedure. blind, or without arms or without legs, At the age of 14, in high school, he While there is a life-of-the-mother and they went on with other deformi- demanded to be transferred out of a exception in there, and I think it is a ties. Well, Tony Melendez is a thalido- handicapped class to the regular class- solid one, it is certainly not one that I mide baby. Tony Melendez doesn’t have room with students. He was allowed to believe will ever be used, because this any arms. Tony Melendez was born in go to a normal gym class. In his first procedure certainly doesn’t comport Rivas, Nicaragua. His father was a gym class, he was watched intensely by with a life-threatening situation be- graduate of the International Academy the others when class started. Jumping cause of the time it takes. of Agriculture in this town and had a jacks? How would a kid with no arms Since I have the AMA letter here, I good job in the sugar refinery. do jumping jacks? The other kids tried want to read it. I think it is important Sara, his mother, was an elementary to determine that, and they watched for the RECORD to reflect the support of school teacher. They had their first and tried to be subtle in looking. And the American Medical Association, child, named Jose. In the summer of Tony jumped and shouted and counted ‘‘physicians dedicated to the health of 1961, she had a second pregnancy. She in unison with the others. The rest of America.’’ That is their saying under was given thalidomide to treat her the class accepted him readily. their logo. morning sicknesses because it was In his teenage years, Tony showed a They say: hailed as a safer alternative to other talent for music. He learned to play the Our support of this legislation is based on sedatives to deal with morning sick- guitar with his feet. At first, he played three specific principles. First, the bill would ness. On January 9, 1962, Sara gave at various events, such as weddings, fu- allow a legitimate exception where the life birth to Tony. He had no arms, 11 toes, nerals, and special events at his of the mother was endangered, thereby pre- and a severe club foot that would re- church. Eventually, he turned his gui- serving the physician’s judgment to take any quire surgical repair if he were ever to tar talent into a full-time vocation. medically necessary steps to save the life of the mother. Second, the bill would clearly have a chance to walk. He was typical Here is a picture of Tony Melendez define the prohibited procedure so that it is of babies who were exposed to thalido- today. In connection with his church, clear on the face of the legislation what act mide at the early stages of pregnancy. he would also talk to groups of kids is to be banned. Finally, the bill would give Well, his family was very concerned about his story and how one can over- any accused physician the right to have his about showing the baby to the mother come difficulty. Tony’s life was such an or her conduct reviewed by the State medi- because of the fear of her reaction. inspirational story, and he was selected cal board before a criminal trial commenced. When they did give little Tony to his to be a ‘‘gift’’ to the Pope by a Catholic In this manner, the bill would provide a for- mother, she embraced her child with youth group during a papal visit to mal role for valuable medical peer deter- mination in any enforcement proceeding. the confidence that he would live a full California in 1987. Tony gave a per- The AMA believes that with these changes, and meaningful life, regardless of his formance to a live audience of 6,000 at physicians will be on notice as to the exact flaws. Still there was question of how the Universal Amphitheater in Holly- nature of the prohibited conduct. he could live a normal life with no wood. He performed at World Youth September 17, 1998 CONGRESSIONAL RECORD — SENATE S10547 Day in 1991 and World Youth Day in The Bible says, and Abraham Lincoln pleading with him on more than one Denver 1993. He also has appeared on quoted, ‘‘A house divided against itself occasion to listen to a fellow Demo- numerous television shows and per- cannot stand.’’ You cannot stand up crat, she said, who is on the other side formed at major sporting events, re- and passionately argue for the rights of of the debate. She explained in the let- cently singing the National Anthem at the disabled, and with the same breath ter: Yankee Stadium, I believe. Tony now not give them the right to exist in the We simply want the truth to be heard re- resides in Dallas, Texas. first place. It doesn’t make sense. It garding the risks of carrying disabled chil- Why do I talk about Tony Melendez? isn’t logical or rational. Oh, it may be dren to term. You say that partial-birth Today on the floor of the Senate, the political; it may make sense because abortion has to be legal, for cases like ours, Senator from California referred to because women’s bodies would be ‘‘ripped to little babies in the womb don’t vote, shreds’’ by carrying their very sick children some people up in the galleries as but it makes no logical sense, and it to term. By your repeated statements, you women who needed to have partial- makes no moral sense to draw that line imply that partial-birth abortion is the only birth abortions, and that they would be where it doesn’t exist. or most desirable response to children suffer- here tomorrow standing in the Halls The Senator from Illinois said today ing severe disabilities like our children. staring at Senators as they walked in that we should not have this debate What she showed is that instead of here to make sure they knew—that we with anecdotes. Yet, this debate has giving her child a death sentence, she knew they were there to keep this pro- been all anecdotes on the other side be- found it within herself to love that cedure legal. Tony Melendez, and so cause the facts are not in their favor. child. She found it within herself to many like Tony who are not perfect in So I thought it was important to name that child, to welcome that child the eyes of our society—but, of course, present some anecdotes on the other into the family, to commit to that are perfect in the eyes of God—will be side, to lay out what we are missing. child as a child who will always be part there also to represent the millions of Tony’s is a happy story, but earlier of the family, who will always be in her little babies who could not be there today I talked about some stories that memory and in the memory of her twin themselves, to remind every Member were not so happy. The endings were so brother—not a bag of tissue discarded that walks on this floor that there is a fairy tale-like. and executed, ignored, and put behind severe cost, a human cost to what we Let me talk about another one of them, but loved, accepted, welcomed, will be voting on tomorrow. And the those stories—a little girl named Mary and committed to memory; with pain, ones who have the arrow or the bull’s- Bernadette French. In 1993, Jeannie yes, but with the knowledge that in the eye on their back, who are the target French was overjoyed to learn she was 6 hours that little Mary Bernadette of partial-birth abortion—at least if pregnant with twins. Four months into French lived, she knew love. She was you believe the arguments on the other her pregnancy, tragedy struck and loved by her mother and father. What side—are people like Tony Melendez Jeannie learned her daughter Mary was greater gift can a parent give? What a who, because they are not perfect, not developing normally. life, as short as it was, to know only don’t deserve to live. Specialists identified an opening at love and her parents. Jeannie continues her efforts today I have always found it ironic, and I the base of the baby’s neck. Mary was to educate the public about partial- will never forget the last time we diagnosed with occipital encephalocele, birth abortion. She also works to en- brought this bill up on the floor of the a condition in which the majority of sure that people know that the lives of Senate. I remember standing here wait- the brain develops outside the skull. ing for the debate to begin and working disabled children, while short, are Prospects for a normal life for the child sometimes painful and not in vain be- on some remarks, and the debate that were very dim. Jeannie’s doctors ad- was going on around us. The vote that cause they teach us so much about us. vised her to abort Mary due to the se- Finally, a case—I hate to say ‘‘case’’; was finally taken was on a bill to pro- verity of the disability and in order to a little girl—a little girl who I talked vide individuals with disabilities the reduce the complications of the twin about a lot last year, a little girl by right to an education in a classroom. I birth. the name of Donna Joy Watts who, will never forget the Members, many of What a horrible thing she must have with Tony Melendez tomorrow, will be which oppose banning partial-birth had to deal with—two lives within her, here as another example—in this case, abortions; I will never forget those one, according to the doctor, poten- a real life example—of how a mother, Members coming to the floor and tially threatening the other. Because who was not only asked and encour- standing up with passion, which I re- Mary could not have survived normal aged but almost forced to abort her spect, admire, and support, about how labor, Jeannie and her husband opted child, could not find a hospital to de- children with disabilities should have for a cesarean section. In December of liver her child. the right to live a fulfilling, complete 1993, Mary was born 1 minute after her The Watts family, Donny and Lori life, and should be given rights to edu- twin brother, Will. Hospital staff Watts, had to go to three hospitals in cation. Or as they did under the Ameri- promptly moved Will to the nursery. Maryland to find a hospital that would cans With Disability Act, where they Mary stayed with her parents, was wel- deliver their child. We hear so much should have the right to public trans- comed into the world by her parents, talk on the floor about, ‘‘We need to portation, the right to have access to grandparents, and close friends of the make sure that women have access to buildings, to cut the curbs at the cor- family. Mary was held, loved, and sere- abortion.’’ What we are finding out and ners so they can have access to side- naded for 6 hours. She quietly passed what I have found out through this de- walks—rights, rights, rights—with the away that afternoon. bate is that we actually need to make passion that was the hallmark of lib- That is little Mary in the arms, I be- sure that women who want to deliver eralism in this country—until this lieve, of her grandmother. their baby have access to a hospital to issue, because with the very next vote In memory of her daughter, Jeannie deliver their baby and have access to they cast they made this statement: If French testified in favor of the ban on care once that baby is delivered. you can survive the womb, we will de- partial-birth abortions before the Sen- The Wattses ended up at a hospital in fend your rights. But we will not de- ate Judiciary Committee. She ex- Baltimore. Their daughter was diag- fend your right to be born in the first plained that Mary’s life was short but nosed with multiple problems. Hydro- place. In fact, you are the very reason meaningful. She entreated the commit- cephalus was the principal one. Again, this procedure needs to continue, be- tee: ‘‘Some children by nature cannot hydrocephalus is water on the brain. cause we don’t want you. You are not live. If we are to call ourselves a civ- She had so much cerebral fluid that it what we are looking for in people. ilized culture, we must allow that their impeded the normal development of What a loss this country would have death be natural, peaceful, and pain- the brain. In her case, they believed without Tony Melendez. But had par- less. And if other pre-born children face that she had little to no brain. But the tial-birth abortions been around when a life of disability, let us welcome Watts family said they were going to Tony was in his mother’s womb, many them into society with our arms open move forward, that they were going to on this floor would stand up and argue in love.’’ accept and love their child, and they that he is just the kind of baby that we For the RECORD, Jeannie French re- wanted to deliver their child and give need to get rid of with this procedure. quested meetings with the President, it every opportunity for life. S10548 CONGRESSIONAL RECORD — SENATE September 17, 1998 At every step of the process, even the with death. She had undergone eight rection the United States of America is last step, the OB/GYNs recommended brain operations. taking. We are involved right now in a abortion, because not only did she have Finally, through all of that trauma moral crisis in this country, on the hydrocephalus but part of her brain and all of the problems, she survived front page of the paper every day. It is was developing outside of her skull, and she will be here tomorrow. Donna no wonder that we are in a moral cri- and that this baby had no chance of Joy continues to be, at 6 years of age, sis. survival. an inspiration. She continues to battle Back in 1972, 1973, when Roe v. Wade She was born on November 26, 1991, holoprosencephaly, hydrocephalus, cer- was decided, many people said that this through cesarean section. Again, an op- ebral palsy, epilepsy, tunnel vision, and was going to be a breakthrough for tion available for hydrocephalus, be- Arnold-Chiari Type II malformation women and for children, that all these cause the baby’s head is too big to go that prevents formation of her medulla wonderful things would happen to our through the birth canal, is to do a ce- oblongata. society as a result, to children and to sarean section. There are other meth- Despite these hardships, having only women, as a result of the legalization ods: Draining the fluid from the head a small fraction of her brain, she runs, of abortion. We would eliminate un- and then delivering through the va- walks, plays, has a healthy appetite wanted pregnancies, and the result of gina. In this case, they chose cesarean and even likes Big Mac’s, and she is that would be less child abuse because section. taking karate lessons now. She has we wouldn’t have all these children no- She was born with very serious earned her white belt and performed in body wanted, illegitimacy would go health problems. The most remarkable karate demonstrations. down, child poverty would go down be- thing after the birth was that the hos- Before Donna Joy moved to Pennsyl- cause we wouldn’t have all of these pital staff made no attempt to feed her vania, Greencastle, PA, Franklin Coun- poor kids around that we don’t want. in the traditional sense. The doctors at ty, Maryland Governor Parris Spousal abuse would go down, divorce the University of Maryland where she Glendening honored her with a certifi- would go down, less complications in was delivered believed that Donna cate of courage commemorating her marriages and relationships. Joy’s deformities would prevent her fifth birthday. Mayor Steve Sager, of It is a cruel joke. It almost seems from suckling, eating, or swallowing. Hagerstown, MD, proclaimed her birth- laughable to think back 25 years and Because a neural tube defect made her day Donna Joy Watts Day. Members of look at what has happened on every feeding difficult, Donna received only the Scott Bakula Fan Club, who is single count. All of the culture indica- IV fluids for the first days of her life. someone who helped Donna Joy get tors that I mentioned go down worse But Lori refused to give up. Initially, through some very difficult times with and worse and worse. Those who feared she fed breast milk to Donna Joy with his songs, have sent donations and Roe v. Wade back in 1973 were very a sterilized eye dropper to provide sus- Christmas presents to the Watts fam- much on target. The fear was that we tenance, because they wouldn’t feed ily. People from around the world have would lose respect for life and that we her. Then, at 2 weeks of age, the shunt learned about Donna Joy on the Inter- would become so insensitive to life that was placed in Donna Joy’s head— net and write, e-mail her, and send her that abortion would be just the begin- by the way, the shunt. It took 3 days gifts. But perhaps the most important ning of the end of our selectivity of for Lori and Donny to convince the thing was because of Donna Joy’s de- who we include in our society. doctors to do an operation on her brain termination, it inspired a Denver cou- And so it has gone, to the point to relieve the pressure from the fluid. ple to fight for their little boy under where now we can’t even save a little The doctors thought she was just going similar circumstances. baby almost born. I wish that were the to die, so they didn’t want to treat her. This is Donna Joy’s story, this little worst. We now have State-assisted sui- But finally after 3 days of pounding girl who was considered by the medical cide laws. We now have debates, active away at the doctors they did the proce- world as somebody who was not worthy debates on euthanasia. We even have dure. Two weeks later, the shunt, to live, someone on repeated occasions an article from a professor at MIT who which allows the fluid to drain from who would have been aborted using argues, or at least makes the case for the brain, failed, and she was readmit- partial-birth abortion, who I have had infanticide—not infanticide on partial- ted to the hospital for corrective sur- the time to spend time with, and my birth abortion but actual infanticide. gery. children have, too. She is not a burden, And then we have the cases of prom When the tray of food was delivered although I understand from Lori she mom and the Delaware couple and so to their hospital room by mistake, Lori can be a handful like any other 6-year many others where we hear around the had a brainstorm. She mashed the con- old. She is not a heartache or a sorrow, country of babies being born and then tents together, created her own food as some would describe children with murdered shortly after birth. The ini- for the newborn with rice, bananas and disabilities who need to be aborted. She tial reaction, while horror, at the same baby formula, and she fed the mixture is a beautiful, marvelous, wonderfully time is sympathy—sympathy for this to the baby one drop at a time with a made gift from God, who has inspired difficult situation in which these chil- feeding syringe. Unfortunately, Donna so many to understand just that fact. dren or kids were put. Joy’s fight for life became even more She will be here tomorrow, possibly We somehow see little children, little complicated. standing next to the women who want babies, different than older children. After 2 months, she underwent an op- to keep this procedure legal, so we can Older children—if you have killed your eration to correct occipital—I won’t kill people like Donna Joy Watts in a older children, that is really bad. We get into the terms but another prob- brutal fashion, in an inhumane fashion, have no sympathy for you. But some- lem. After 4 months, a CT scan re- in a painful fashion, in a fashion, as I how, if you killed a baby just born we vealed that she also suffered from an- quoted today from the AMA Journal, try to figure out a way to get around other condition which results from an that would violate Federal regulations it. We try to figure out a way that that incomplete cleavage of the brain. She on the treatment of animals used in re- does not quite meet the threshold of also suffered from epilepsy, sleep dis- search. We could not do to animals murder. If you look at the punishments order, and continued digestive com- used in research legally in this coun- meted out—substantially lower. They plications. In fact, the baby’s neurolo- try, we could not do what we do every are substantially lower than other gist said, ‘‘We may have to consider day in this country to little babies be- murder cases. We just do not value placement of a gastronomy tube in cause they are not wanted, in some those little babies as much. order to maintain her nutrition and cases not wanted because of their de- Why? Why? Is it any mystery why? If physical growth.’’ formity but in the vast majority of we start, as we have, down the path of She still had hydrocephaly, or water cases they are just simply not wanted. not valuing those little babies because on the brain, and she couldn’t hold her What a high price to pay for one person we do not value them in the womb, or head up because it was so heavy. She not wanting you to be around, the ulti- four-fifths outside the womb, or just suffered from apnea—in other words, a mate price to pay. newly outside the womb, who is next? condition where breathing spontane- Tomorrow, we are going to have the Look around. Who is going to be next? ously stops. She had several brushes opportunity to show the world the di- Who is going to be the next group of September 17, 1998 CONGRESSIONAL RECORD — SENATE S10549 people who we are not going to value, mines who lives and dies, who is valu- include the least among us, the little who does not have the might to force able and who is not. children. down what they believe is right? I Tomorrow, 34 Senators can exercise Mr. President, I yield the floor. their might on who lives and dies. They made it. I am here in this body. I am f whole. I am healthy. If you have not can decide for a country that a group made it yet, watch it, because it then of people, a group of little helpless ba- ADJOURNMENT UNTIL 8:30 A.M. bies, do not belong. TOMORROW depends on whether you are on the I am hopeful that when tomorrow committee that decides, or you are on comes, after much prayer tonight by so The PRESIDING OFFICER. The Sen- the court that decides who lives and many people all over the country, and ate, under the previous order, will who dies. Because there is no line any- the world, that three more Members stand adjourned until 8:30 a.m., Friday, more. There is no truth on which we will open their eyes when they wake up September 18, 1998. are basing this. There is no ‘‘life or in the morning and realize that but for Thereupon, the Senate, at 10:21 p.m., nonlife.’’ There is might. There is po- the grace of God, there go I, and that adjourned until Friday, September 18, litical power and that is what deter- we have to open our hearts more and 1998, at 8:30 a.m. September 17, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1743 EXTENSIONS OF REMARKS

THE LIQUIDATION OF ASSETS U.S. DEPARTMENT OF STATE, have failed to supply adequate labor for har- FROM THE POLISH-AMERICAN Washington, DC, September 11, 1998. vest. ENTERPRISE FUND Hon. LEE H. HAMILTON, The agricultural labor situation can be allevi- Committee on International Relations, House of Representatives. ated through action by the Federal Govern- HON. LEE H. HAMILTON DEAR MR. HAMILTON: Thank you for your ment. Under a reformed agricultural worker letter of August 10, 1998, to the Secretary, program, substantial opportunities will be OF INDIANA concerning the distribution of funds result- given to foreign workers who can often earn IN THE HOUSE OF REPRESENTATIVES ing from any liquidation of assets of the Pol- significantly more in the United States than in ish-American Enterprise Fund (PAEF). The Thursday, September 17, 1998 their own country. Such reform reduces illegal Secretary shares your concerns about this immigration by creating a streamlined process Mr. HAMILTON. Mr. Speaker, 9 years ago important issue, and is aware how any deci- to temporarily legalize individuals who choose President Bush requested, and the Congress sion reached about the PAEF could establish a precedent for the future distribution of as- to work in the agricultural sector of the United authorized, the creation of Enterprise Funds sets from other Enterprise funds. States. for Poland and Hungary, in order to spur eco- As you well know, the fact that the PAEF I am working to include the Agricultural Job nomic reform and the growth of private enter- has been so successful poses some unique Opportunity, Benefits and Security Act, au- prise in these countries. problems when the issue of its dissolution is thored by Senator GORDON SMITH (R±OR), in The Polish-American Enterprise Fund raised. Due to the wide interest in the Fund, the final conference language of the Com- (PAEF) has succeeded in its mission, and is a number of varied proposals have been given merce, Justice, State and Judiciary appropria- to the Administration regarding how reflow now prepared to return the funds it originally funds should be handled. Administration offi- tions measure. The act was approved as an received from the U.S. government. cials have been consulting with key mem- amendment to S. 2260, the Senate Com- Because there are so many views inside bers of the Congress and their staff (includ- merce, Justice, State and Judiciary appropria- and outside the government about what ing those of your own), the PAEF Board of tions bill. It passed by a bipartisan vote of 68± should happen to assets of the PAEF, and be- Directors, the Polish government and the 31 in the Senate. Related House legislation cause the guidance provided by the Congress Polish-American community, to arrive at a did not contain the agricultural worker provi- 9 years ago on the disposition of those assets satisfactory solution. While a formula ac- sion. The Senate measure establishes a na- ceptable to all concerned has not yet been tional registry within the Department of Labor was neither clear nor explicit, I believe the achieved, we have and will continue to con- Congress should authorize, by statute, how sult with members and staff of the House to track agricultural job seekers. Employers the assets of the PAEF are distributed. It is International Relations Committee as part are required to first hire domestic workers important for Congress to make a decision on of this process. from the registry and are able to hire foreign this matter because it will establish a prece- We hope that this information has been workers if domestic workers are not available. dent for the distribution of assets from other helpful to you. Please do not hesitate to con- Housing or a housing allowance must be pro- Enterprise Funds in the future. tact us if we can be of further assistance in vided by growers, and the prevailing wage this or any other matter. rate must be paid. The prevailing wage rate is The text of my August 10, 1998 letter to Sincerely, the mid-point of all wages earned, and it is al- Secretary Albright and the Department of BARBARA LARKIN, State's reply of September 11th follow: Assistant Secretary, Legislative Affairs. ways higher than the minimum wage. On behalf of the farmers in the San Joaquin CONGRESS OF THE UNITED STATES, f COMMITTEE ON INTERNATIONAL RE- Valley in California, I urge the Commerce, LATIONS, HOUSE OF REPRESENTA- CALIFORNIA AGRICULTURE IS IN Justice, State, and Judiciary conferees to in- TIVES, CRISIS DUE TO LABOR SHORTAGE clude the Agricultural Job Opportunity, Bene- Washington, DC, August 10, 1998. fits, and Security Act in the final bill. I also Hon. MADELEINE K. ALBRIGHT, HON. GEORGE P. RADANOVICH strongly encourage all Members of the House Secretary of State, Department of State, to support its passage. A stable, reliable and Washington, DC. OF CALIFORNIA affordable food supply is dependent upon con- DEAR MADELEINE: I write regarding any de- IN THE HOUSE OF REPRESENTATIVES gressional approval of this measure. cision you may reach with respect to the dis- Thursday, September 17, 1998 tribution of assets resulting from the liq- f uidation of assets of the Polish-American Mr. RADANOVICH. Mr. Speaker, as a Mem- Enterprise Fund (PAEF). ber of Congress from the San Joaquin Valley A SPECIAL TRIBUTE TO THE The SEED Act of 1989 does not give clear or of California, I am proud to represent the two BELLEVUE CITY SCHOOL DIS- explicit guidance on how assets from Enter- largest agricultural producing counties in the TRICT ON BEING SELECTED AS prise Funds should be distributed, once these United States. Currently, a severe shortage of ONE OF ‘‘OHIO’S BEST PRAC- Funds are liquidated, and I believe Congress labor is raising concern over the economic fu- TICES’’ should be involved in a decision on how as- ture of the agriculture community throughout sets from them are distributed. California. Agricultural production is nearly a HON. PAUL E. GILLMOR In particular, in the case of the Polish- $25 billion industry in the State, and California American Enterprise Fund, valued at over OF OHIO $250 million, I believe Congress should au- has the largest agricultural economy in the IN THE HOUSE OF REPRESENTATIVES Nation. Right now, farmers are competing for thorize by statute how assets from this Fund Thursday, September 17, 1998 are distributed. I appreciate that the legisla- the same scarce labor force as the raisin, tive process can be slow, but I believe a deci- table and wine grape harvest is entering its Mr. GILLMOR. Mr. Speaker, it is with great sion reached in this way will best represent peak and tree fruit growers are also harvesting pleasure that I rise today to pay special tribute a consensus that reflects the views of the en- in California. Simultaneously, apple farmers to an outstanding educational program from tire U.S. government. are beginning to pick their fruit in the State of Ohio's Fifth Congressional District. Today, the The consensus-building process is espe- Washington and are in need of labor. Califor- Bellevue City School District is receiving rec- cially important because a decision on the nia has not seen a labor shortage of this mag- ognition for its excellence in education by Polish-American Enterprise Fund will estab- lish a precedent for the distribution of assets nitude since World War II. being named as one of ``Ohio's Best Prac- from other Enterprise Funds in the future. The agricultural community has worked with tices.'' I appreciate your attention to this issue. numerous San Joaquin Valley Social Services Mr. Speaker, Ohio's BEST, which stands for With best regards, Departments and Employment Development Building Excellent Schools for Today & the Sincerely, Departments to provide needed labor from in- 21st Century, is an education partnership that LEE H. HAMILTON, dividuals who are unemployed or entering the seeks to identify and celebrate exemplary Ranking Democratic Member. workforce after receiving welfare. Such actions grassroots educational programs that have

∑ 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. E1744 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 1998 proven to be successful in improving the per- this country. No one quarrels with the need to given annually to a college marching band of formance of Ohio's students. use any and all means to achieve this goal in- particular distinction and excellence. The students, parents, teachers, and admin- cluding seeking out those who would use their Longtime Michigan radio announcer Bob istrators of the Bellevue City School District place of employment to give drug dealers and Ufer declared that ``the four most anticipated and the entire Bellevue, Ohio community have smugglers a free ride into our cities and words on a football Saturday in Ann Arbor'' a great deal to be proud of in receiving this towns. And no one quarrels with the notion were ``Band take the field!'' The spirit and en- prestigious award. Without question, it takes a that if we have a few bad apples working in ergy the Band brings to each football game is special group of people and an enormous our ports, let's stop them from helping those a source of great pride to all Michigan fans. amount of effort and ingenuity to be selected who would poison this country with illegal There is nothing that can equal the experience as one of Ohio's BEST practices. drugs. of being at Michigan Stadium and joining ``all In being selected for this honor, the Belle- But make no mistakes about it. H.R. 3975 the Maize and Blue Faithful in a rousing cho- vue City School District displayed its success does not accomplish this goal and, in fact, rus of ``The Victors,'' as the Band marches in designing and implementing effective ap- would likely have adverse consequences on down the field forming the Block ``M''. proaches to improving the educational results those who are serious about blocking illegal A source of inspiration for all of the Univer- of its students. Ohio's BEST schools are cho- drugs at our borders and in our ports. It takes sity of Michigan family, we offer the heartiest sen based on several criteria including com- little imagination to conclude that if you want thanks and congratulations to the Michigan mitment to the cornerstone principles of: (1) to stop the infestation of our citizens with dan- Marching Band as they celebrate their Centen- high academic standards, (2) world-class gerous drugs, then make working men and nial Season. teaching and professional development, (3) women employed at the transportation choke f providing safe, secure schools for better learn- pointsÐsuch as longshore workersÐa major ing environments, and (4) state-of-the-art infra- part of the solution by enlisting them as part- INTRODUCTION OF THE NATURAL structures for the 21st Century. ners in this crucial endeavor. RESOURCES INSTITUTE ACT Mr. Speaker, the future education of our Let's not, because of political convenience, children is paramount to the future of our great demonize hard working port employees by HON. MICHAEL D. CRAPO nation. Each day, our schools provide our making all of them subject to expansive crimi- OF IDAHO leaders of tomorrow with the skills they need nal background checks with no limit and no IN THE HOUSE OF REPRESENTATIVES to begin the next century. The Bellevue City protections. By doing so we are passing value Thursday, September 17, 1998 School District is working to ensure our chil- judgments about their criminal records or in- dren are prepared to face the challenges of tentions with no justification other than anec- Mr. CRAPO. Mr. Speaker, I rise to introduce today and seize the opportunities of tomorrow. dote. Perhaps worst of all we are passing the Natural Resources Institute Act. This legis- I would urge my colleagues to stand and join these judgments without even giving all sides lation will help find solutions to many of the me in paying special tribute to one of Ohio's an opportunity to express their views before problems that affect the health of our environ- BEST practicesÐthe Bellevue City School the committee of jurisdiction. ment. District, and in wishing them continued suc- If we have drug problems in a particular port The United States is faced with the chal- cess in the future. let's do something about them. If drugs are lenge of protecting the environment, while f passing through our transportation choke maintaining economic growth. The use of our points let's give law enforcement authorities Nation's natural resources has resulted in a WESTERN HEMISPHERE DRUG strong economy, but has left a legacy of frag- ELIMINATION ACT the tools and resources to do their job. But let's not demoralize potential allies in the war mented land-use and regions of environmental SPEECH OF on drugs by declaring them a major criminal degradation, including areas in my home State threat and making them all prove their inno- of Idaho. Unfortunately, there has not been a HON. JERROLD NADLER cence. comprehensive and coordinated effort to ad- OF NEW YORK Stopping the use of our nation's ports to dress these environmental issues or an orga- IN THE HOUSE OF REPRESENTATIVES ship illegal drugs in the United States is a goal nized effort to help other communities from Wednesday, September 16, 1998 I strongly support. H.R. 3975 does not accom- making similar mistakes. I believe that many of these problems could be avoided or remedi- The House in Committee of the Whole plish that objective. I urge my colleagues to House on the State of the Union had under join me in opposing H.R. 3975 as a stand ated if the communities faced with land-use consideration the bill (H.R. 4300) to support alone bill or as part of any legislation to be decisions had access to sound scientific re- enhanced drug interdiction efforts in the consideration by this House. search. major transit countries and support a com- f Mr. Speaker, the Natural Resources Insti- prehensive supply eradication and crop sub- tute, using expertise from national laboratories stitution program in source countries: IN HONOR OF THE UNIVERSITY OF and universities, will provide communities with Mr. NADLER. Mr. Chairman, I rise in oppo- MICHIGAN MARCHING BAND access to sound scientific research when mak- sition to H.R. 3975, controversial legislation ing environmental and land-use decisions. In that would impose expensive, highly intrusive HON. LYNN N. RIVERS addition, the Natural Resources Institute will criminal background checks on our nation's OF MICHIGAN coordinate research efforts to solve real-world port employees. It is significant that this billÐ IN THE HOUSE OF REPRESENTATIVES environmental problems. It will be particularly helpful in addressing problems associated with with all its ramificationsÐhas never been the Thursday, September 17, 1998 subject of a hearing by the Judiciary Commit- agriculture, logging, grazing, hydro-power, tee and to this day is not understood by most Ms. RIVERS. Mr. Speaker, I rise today to fishing, mining, recreation, and other natural of the Members in this chamber. recognize the University of Michigan Marching resource activities. Today the House accepted by voice vote Band and their milestone Centennial Season. f this controversial legislation as part of H.R. In the fall of 1898, the Michigan Band first ap- 4300, the Western Hemisphere Drug Elimi- peared at a football game, with 25 members TRIBUTE TO JOHN LAPWORTH nation Act. This is no way for the House to performing only from the stands. From these conduct the people's business. humble beginnings the Michigan Band has HON. FRANK A. LoBIONDO At a time when we in Congress are attempt- grown in both size and stature to be widely OF NEW JERSEY ing to stem the flow of drugs into our commu- recognized as the pre-eminent college Michi- IN THE HOUSE OF REPRESENTATIVES nities and schools, we are engaging in a gan Band in the country. Thursday, September 17, 1998 broad brush rush to judgment about America's The Band has had a rich history, full of no- port-side workers. The way to accomplish our table events. On January 1, 1948, the Michi- Mr. LOBIONDO. Mr. Speaker, John anti-drug trafficking goals is not by declaring gan Marching Band was the first Big Ten Con- Lapworth is the Cal Ripken of Postal Carriers. that all longshore workers, including those with ference Band to appear at the Rose Bowl in Lapworth who is a mail carrier in Cape May 20 or more years of service, are guilty. That Pasadena, California. Travelling to Los Ange- County in my district recently received the Na- is exactly what we are doing if H.R. 3975 is les in 1973, the Michigan Band was the first tional Safety Council's Million Mile Club's Safe enacted. collegiate band to perform at a Super Bowl. In Driver Award. Lapworth, who works out of the No one quarrels with the goal of finding 1983, the Band was honored as the first recip- Villas post office branch and lives in Rio methods to stem the flow of illegal drugs into ient of the Louis Sudler Trophy, an award Grande, has gone 35 years on the job without CONGRESSIONAL RECORD — Extensions of Remarks E1745 an accident or a road violation. He has not ica. The bill before us today is not bad legisla- This gentleman has distinguished himself as a even been involved in accident that was not tion. It certainly provides the states and the community leader, a dedicated family man, his fault. He estimates he has driven more territories an opportunity to incorporate new and a decorated officer in the U.S. Army. The than 250,000 miles since joining the Postal anti-drug programs, along with other measures man I speak about today is Major General Service in 1964. He has traveled this vast dis- they are using, to fight the epidemic that has David H. Ohle. tance without so much as a speeding ticket or settled in our communities. The distinguished career of Major General a fender bender. Often times, I hear people speak of how iso- David Ohle began as he completed a Bach- John was honored recently at a breakfast lated the Island of Guam appears. My island elor of Science degree from the U.S. Military with his coworkers where he received a tro- is in the middle of the Pacific Ocean and thou- Academy in 1968. His military service spans phy, a plaque, and a $500 check for his ac- sands of miles away from the mainland United more than 29 years at various levels of com- complishment. I want to commend John States. But, on Guam, we feel and suffer mand and staff positions. He began his career Lapworth for his achievement and for his dedi- alongside any other small American town or as an Infantry Officer. A few of his commands cation to safety in the workplace. In our fast- metropolis. include a Ranger company in Vietnam, an in- paced society where everyone seems to be in In fact, it is speculated that Guam is fast be- fantry battalion at Fort Campbell, Kentucky, a hurry and terms like road rage are common- coming a location for the transshipment of ille- and an infantry brigade at Schofield Barracks, place, John Lapworth's defensive driving and gal drugs into America. Along this route, from Hawaii. commitment to caution is refreshing. Asia to America, many of the drugs make their Major General Ohle exemplifies the ideal of f final destination my island and their presence citizen-soldier. He has earned every decora- has affected our way of lifeÐmuch like it has tion he wears, among which are a Silver Star, TRIBUTE TO STEVE MANNING OF done across the United States. three Legions of Merit, and the Defense Meri- EAST LONGMEADOW, MA This legislation is good because it continues torious Service Medal. He has served his the dialogue that needs to be discussed. The country well, and will continue to do so in the HON. RICHARD E. NEAL very fact that we are on this floor today and future. Mr. Speaker, I ask that you join me in con- OF MASSACHUSETTS our words and gesticulations broadcast across gratulating Major General Ohle on his new as- IN THE HOUSE OF REPRESENTATIVES America keep this issue in the minds of our constituents. signment as Deputy Chief of Staff for Person- Thursday, September 17, 1998 nel. Along with his new position, he will be I want to thank Mr. PORTMAN for the hard- Mr. NEAL of Massachusetts. Mr. Speaker, I work he has put into this legislation and en- promoted to the rank of three star Lieutenant rise today to pay tribute to a exemplary public courage for continuing dialogue on this issue General. On behalf of the Congress of the servant whose roots lie in my home district of to bring new programs and ideas, such as the United States and the people of this great Na- Massachusetts. For over 20 years, Steve Drug Free Prisons and Jails provisions in this tion, I offer our heartfelt appreciation to Major Manning has shown undivided dedication to bill and the assurances for Drug Free Schools. General Ohle for a job well done and best the people of Western Massachusetts. We need to continue our fight for our com- wishes for continued success. Steve is a highly respected attorney and a munities, our families and our children. f dedicated community activist. Mr. Manning f FRANCIS J. SALVERON, DISTIN- has been engaged in private law since June, GUISHED VETERAN AND COMMU- TIM HARTMAN, AN IOWA HERO 1996 concentrating in property law, estate and NITY LEADER corporate business matters. In 1976, he was admitted to the Massachusetts Bar and U.S. HON. GREG GANSKE HON. STENY H. HOYER District Court for the District of Massachusetts. OF IOWA OF MARYLAND In addition to his tremendous achievements, IN THE HOUSE OF REPRESENTATIVES Mr. Manning serves as adjunct faculty mem- IN THE HOUSE OF REPRESENTATIVES ber at Western New England College, Busi- Thursday, September 17, 1998 Thursday, September 17, 1998 ness Division. Mr. GANSKE. Mr. Speaker, I rise to pay Mr. HOYER. Mr. Speaker, I rise today to Under his inspired leadership, he was elect- tribute to a young Iowan, Tim Hartman. pay tribute to Francis J. Salveron. Mr. ed and appointed to many public offices As reported in the Des Moines Register, this Salveron, 88, a retired Air Force master throughout Western Massachusetts. For the 17-year-old high school senior from Earlham sargeant and personal aide to General Doug- last 18 years, Steve has served as a remark- rescued an elderly man from a fire in the sen- las MacArthur during the general's triumphant able Selectmen for the town of East Long- ior's barn. Tim saw smoke from Willard return to the Phillipines, died August 23, 1998 meadow. He is a true family man and extraor- Barnett's barn on the morning of Thursday, at this Bladensburg home. dinary friend who I proudly commend and September 2, 1998. Mr. Barnett, who is 93, Mr. Salveron was about 32 years old when honor. was inside, having broken his hip while fueling he enlisted in the U.S. Army in Australia. He Mr. Speaker, I am privileged to represent his tractor. served for 10 years as a purser on a luxury such an outstanding individual and I join with Tim Hartman dragged Mr. Barnett to safety liner sailing between the Phillipines and Aus- the citizens of the Second Congressional Dis- shortly before the barn erupted in flames. His tralia. In 1942, Mr. Salveron's ship, the S.S. trict in offering a most heartfelt thank you for quick thinking and commitment to his neighbor Mactan, was one of the few ships to survive the service he has given to Western Massa- helped save Willard Barnett's life. the Japanese invasion. chusetts. At a time when the media likes to paint In February 1942, Mr. Salveron was aboard f teenagers as self-absorbed and apathetic, I a U.S. transport ship sailing from Melbourne to am pleased to share the story of Tim Hartman the Phillipines where the ship was met by Jap- DRUG DEMAND REDUCTION ACT with you. We would all do well to remember anese zero fighter planes and sunk. Mr. his selfless heroism. Salveron and about one-third of the ship's SPEECH OF Mr. Speaker, I am pleased to take this occa- crew survived. They floated in the sea for al- HON. ROBERT A. UNDERWOOD sion to salute Tim Hartman. most 12 hours before being picked up. The OF GUAM f survivors were then transported to Melbourne IN THE HOUSE OF REPRESENTATIVES for a recovery period. It was shortly after that HONORING MAJOR GENERAL Mr. Salveron was ordered to join General Wednesday, September 16, 1998 DAVID H. OHLE MacArthur in New Guinea to be his personal The House in Committee of the Whole aide. For three years he personally served the House on the State of the Union had under HON. ROBERT W. NEY general. Mr. Salveron was with General Mac- consideration the bill (H.R. 4550) to provide OF OHIO Arthur as they took the first step off the land- for programs to facilitate a significant re- IN THE HOUSE OF REPRESENTATIVES ing barge to wade ashore on October 20, duction in the incidence and prevalence of 1944 on Red Beach, Leyte. General Mac- Thursday, September 17, 1998 substance abuse through reducing the de- Arthur had fulfilled a promise to the Phillipine mand for illegal drugs and the appropriate Mr. NEY. Mr. Speaker, I rise today to pay people and spoke those famous words, ``I use of legal drugs: tribute to a man who has dedicated 29 years have returned.'' Mr. UNDERWOOD. Mr. Chairman, I rise in of his life protecting the people of this great After the war, Mr. Salveron left General support of curtailing the use of drugs in Amer- Nation and ensuring the American way of life. MacArthur and reenlisted in the Air Force, E1746 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 1998 where he became part of the official flight Mr. Speaker, this was the beginning of St. to mental health by supporting legislation and crew of, then, General Dwight D. Eisenhower. Paul's mission to proactively reach out to the programs that treat mental health problems as Mr. Salveron went on to serve as part of the community and making the tenets of the Meth- seriously as physical ailments and also pro- crew for the U.S. Secretaries of Defense and odist Church active and service-oriented. St. vide a seamless safety net which catches par- State until his retirement in 1963. Paul's current pastor, Dr. Henry L. Masters ents with such problems, placing their children Upon retirement, Mr. Salveron went on to Sr., not only continued that proactive service, at grave risk. devote his life to volunteer work in the city of but has also been the driving force in increas- Cultural isolation is another factor social Bladensburg, in my home State of Maryland, ing membership growth, creating an improved service experts cite as a factor leading to and to preserving the MacArthur legend. He infrastructure and doubling the church staff crimes of desperation. This incident brings to went on to found the General Douglas Mac- and budget. Along with this work, new min- light the problems new Americans face as Arthur Post of the Veterans of Foreign Wars istries have been developed to feed the home- they try to integrate into our communities. Too and was commander for 21 years. Mr. less, to take inner-city youth to summer camp often due to cultural conflicts, social service Salveron was also active in the Bladensburg and to teach pastors business skills. agencies have a difficult challenge effectively promotion committee. He distinguished himself Mr. Speaker, the work of St. Paul's is inno- reaching out to new immigrants. This is par- by restoring the Bladensburg Peace Cross vative, compassionate and much-needed. This ticularly true with the new Southeast Asian Memorial, and establishing the town's Korean has all resulted in a Dallas Community that is community in such places as Minnesota. Many and Vietnam memorials. In 1983, he was much stronger and closer. Therefore, the anni- came to the United States after fleeing their named outstanding senior citizen by the versary of the church means more than just a ravaged villages and living in refugee camps Prince George's County Maryland Jaycees. celebration for its leaders and congregation. It as a result of the Vietnam War. Now in the His military honors include a bronze star, a means that countless citizen from all walks of United States, many Southeast Asians are purple heart and three Presidential distin- life and backgrounds in the Dallas area are fractured families dealing not only with the guished citations. Mr. Salveron is survived by beneficiaries of St. Paul's 125 years of serv- mental scars associated with war, they are his wife of 66 years, four children, nine grand- ice. I join the many in congratulating St. Paul's also trying to break the cycle of dependency children and two great grandchildren. on this achievement and also in extending the and cope with the breakdown of the traditional Mr. Salveron dedicated his life to service in church the best wishes for another 125 years extended family structures. both the public and private sector. He was an of successful service. The City of Saint Paul has in recent years individual who stood out among his fellow sol- f become the home to the third largest popu- diers and showed strength of character during lation of new Southeast Asian refugees in the some very difficult times. I join the citizens of CHALLENGES FACING IMMIGRANT nation. Our community has been both blessed Bladensburg in recognizing his commitment to COMMUNITIES AND SOCIAL and challenged by this sudden demographic our country, our State, and their great city. SERVICE AGENCIES change. Today, Southeast Asians compose f 30% of the students in Saint Paul's public HON. BRUCE F. VENTO schools. Although many of these students are THE 125TH ANNIVERSARY OF ST. OF MINNESOTA succeeding academically and holding leader- PAUL UNITED METHODIST IN THE HOUSE OF REPRESENTATIVES ship positions in their classes, the integration CHURCH OF DALLAS, TEXAS Thursday, September 17, 1998 of the Southeast Asian community has been uneven. A popular radio station in my area re- HON. EDDIE BERNICE JOHNSON Mr. VENTO. Mr. Speaker, I rise to express cently broadcast some remarks about the OF TEXAS my deep sadness over a tragedy that occurred Hmong community that were both culturally IN THE HOUSE OF REPRESENTATIVES in my district of Saint Paul, Minnesota. A demeaning and racist in nature. Such mes- young mother, Khoua Her, aged 24, is sus- Thursday, September 17, 1998 sages of intolerance not only serve to alienate pected of strangling her three sons and three new members of our community, they are bad Mr. EDDIE BERNICE JOHNSON of Texas. daughters, ages 5 to 11. When Saint Paul po- for the psyche of our nation and tear at the Mr. Speaker, I rise to recognize the 125th an- lice responded to the 911 call on September fabric of our society. This tragic loss of life is niversary of St. Paul United Methodist Church 3, they found the six children dead and Khoua certainly not solely the result of ethnic intoler- in Dallas, Texas. St. Paul has a rich history of Her semiconscious after trying to take her own ance, but certainly needs to be a recognition service and contribution to the surrounding life. Khoua Her has been charged with six that harsh ridicule and insults leave such a mi- community, It is indeed a historical pillar in the counts of second-degree murder in the deaths nority feeling isolated and desperate. As a na- city of Dallas that has strengthened its con- of her children: Koua Eai Hang, 11; Samson tion of immigrants it would be my hope that gregation. Throughout St. Paul's 125 years of Hang, 9; Nali Hang, 8; Tang Lung Hang, 7; A- we will greet new Americans with the open- service, the church has successfully created ee Hang, 6; and Tang Kee Hang, 5. She is ness and hospitable responses extended to innovative ministries to assist all segments of currently under psychiatric evaluation to gauge many of our grandparents and families. the community. her mental competence at the time of the slay- The City of Saint Paul and surrounding A historical landmark site located in the arts ing and ability to stand trial. communities are greatly shaken and con- district of Dallas, St. Paul is one of the oldest This is an occasion not only to mourn, but cerned by this tragedy. Our state and commu- congregations in the entire D.F.W. Metroplex. to reflect. I certainly do not excuse these hor- nities have been pro-active reaching out to St. Paul reaches out to many individuals in our rific actions and am confident that law enforce- these new Americans, but it is evident that diverse community. ment officials in Saint Paul are taking the more must be done and that Minnesotans are The congregation began as a mission from steps necessary to investigate this case. This painfully aware of the challenge. Hundreds of the Wesley Church in New Orleans, Louisiana, chilling incident does shed some light on spe- mourners have gathered to pay their respects in 1873. This great beginning was followed by cial problems and significant challenges facing to these six innocent children. My deep sorrow St. Paul becoming the first African-American our Minnesota community. is mixed with new hope that tragedies of this Methodist Church to be organized in Dallas by Recent press accounts highlight a 1995 magnitude can be prevented as we all work the direction of its first pastor, Rev. H. Boliver study conducted by the University of South together to reach out and address the prob- in addition, the first church building served as Carolina profiling mothers who have taken the lems in our communities. a school to educate the minds of African- lives of their own children. The study cites that f American children while serving as a church. 8 in 10 were mentally ill or had a low intel- The significance of this achievement was that ligence quotient. They also share what mental NATIONAL HUMANITARIAN AWARD it was the only vehicle to formally educate Dal- health professionals call ``life stressors,'' such FOR CHRISTINE BURRAGE las African-American children until the city built as poverty, many children, limited education its first public school for African-Americans in and low-paying jobs. This incident is just one HON. RICHARD E. NEAL 1884 across the street form the church. of many recent examples demonstrating the OF MASSACHUSETTS Two years later the Reverend G.W. Rich- need to make social services more accessible, IN THE HOUSE OF REPRESENTATIVES ardson organized Samuel Huston College, particularly in the area of mental health. The (presently Huston-Tillotson College, now in federal government has a responsibility to pro- Thursday, September 17, 1998 Austin, Texas) on February 22, 1876 at Dal- vide leadership in making mental health serv- Mr. NEAL of Massachusetts. Mr. Speaker, I las, where its first classes were held in the St. ices more accessible to the public. Congress would like to call to your attention the actions Paul Methodist Episcopal Church. must continue to demonstrate its commitment of a spectacular humanitarian, Christine CONGRESSIONAL RECORD — Extensions of Remarks E1747 Burrage. She is a letter carrier in my home On January 14, 1979, he defeated Carlos REMARKS ON HILL INTER- town of Springfield, Massachusetts. Ms. Palomino for the World Boxing Council (WBC) NATIONAL CLAIM AGAINST THE Burrage has recently been honored as the Na- Welterweight title. KINGDOM OF SAUDI ARABIA tional Association of Letter Carriers' National On May 23, 1981, he defeated Maurice Humanitarian Award winner, an event I was Hope by knockout in the 12th round for the HON. ROBERT E. ANDREWS proud to attend. Junior Welterweight title. OF NEW JERSEY The letter carriers employed by the United IN THE HOUSE OF REPRESENTATIVES States Postal Service have the opportunity to Through his long dedication and success in positively influence the neighborhoods in boxing, Mr. Benitez has served as a role Thursday, September 17, 1998 which they work. Though the opportunity may model for millions of youngsters in the United Mr. ANDREWS. Mr. Speaker, I rise today to present itself daily, not every letter carrier is States and Puerto Rico who, like him, dream join my colleagues in support of the claim filed willing to become a part of the community to of succeeding in the world of sports. by Hill International, Inc. against the Kingdom which they deliver mail. On the other hand, of Saudi Arabia. I have been involved in this Mr. Speaker I ask my colleagues to join me there are a number of letter carriers that be- fight with Hill since they approached Members in recognizing Mr. Wilfredo Benitez for his come deeply involved with the people in the and Senators for help more than five years contributions and dedication to boxing, as well communities through which their route takes ago, and I am dismayed by the refusal of the them. Christine Burrage is one such person. as for serving as a role model for the youth of Saudis to settle their debts with American Christine Burrage delivers mail in a poor, Puerto Rico and America. businesses. downtrodden neighborhood. She learned In the late 1970's, the Saudi Royal Commis- Spanish from her patrons in order to interact f sion refused to pay for $55 million in additional with them more effectively, and interact she engineering work required on a desalination has. Ms. Burrage gives food to those who CHAMBER AMBASSADORS SCORE plant in Yanbu City, Saudi Arabia. A com- cannot afford groceries, toys and clothing to AN ACE AT TEE OFF FOR SUC- promise negotiated three years ago by the late children in need, and all manner of relief for CESS ’98 Representative Bill Emerson remains unpaid victims of fire. The people to whom she deliv- by the Saudis. Saudi Ambassador Bandar is ers mail know that if they have a problem, now refusing to admit he ever asked Rep- Christine Burrage will do whatever she can to HON. JAMES A. BARCIA resentative Emerson to help broker the claim. help. OF MICHIGAN This is unconscionable. There are many children along her route In a recent discussion with Assistant Sec- whose family life is less than ideal. For these IN THE HOUSE OF REPRESENTATIVES retary of State Martin Indyk, I reiterated Hill children, and for many adults as well, Ms. Thursday, September 17, 1998 International's request for a meeting with Am- Burrage serves as a role model. She reminds bassador Bandar and interested Members of the children who follow along with her of the Mr. BARCIA. Mr. Speaker, if anyone wants Congress. With the expected visit of Crown value of an education and the rewards for to see the ingenuity of America, the spirit of Prince Abdullah to Washington, DC on Sep- hard work. She is also willing to take the time innovation, or the day-to-day application of the tember 24th, I would hope Ambassador Ban- to explain the many dangers associated with work ethic that has made our nation the envy dar would want to avoid an embarrassing situ- drugs. Christine Burrage does not only deliver of the world, there is no need to look further ation and arrange our meeting promptly. To the mail. She also plays the roles of social than the members of the Chamber of Com- continue his present course of action would worker, counselor, and teacher. She has be- merce. These men and women who provide reflect poorly on our friendly relations with our come an indispensable member of the Memo- opportunities for literally millions of Americans, ally in the Persian Gulf. rial Square community. never tire in trying to find new ways to run Hill International employees about 100 peo- In a time when the people of the United their own businesses more efficiently. ple in Willingboro, New Jersey which I rep- States are searching for heroes to look up to, resent. The failure of the Saudis to pay this some need only look down their own street. Next week the Michigan State Chamber of claim put the jobs of my constituents at risk. The real heroes are ordinary people who take Commerce will hold their Ambassador Con- I urge a quick resolution on this matter. the opportunity to do extraordinary acts of ference at Saginaw Valley State University, f kindness. People who are willing to take risks hosted by the Saginaw Chamber of Com- for the welfare of others are a credit to their merce. Nearly 200 Chamber members from IN HONOR OF STEVEN D. JACOBS town, their state, and their country. Christine throughout the state have registered for this Burrage is that kind of person and I feel hon- conference, more than for any prior con- HON. JERRY LEWIS ored and privileged to serve as her represent- ference. OF CALIFORNIA ative in Congress. There will be an outstanding program that IN THE HOUSE OF REPRESENTATIVES f will provoke and challenge those attending to Thursday, September 17, 1998 TRIBUTE TO WILFREDO BENITEZ think more about how to be more successful Mr. LEWIS of California. Mr. Speaker, today in business, increasing one's network, bal- Congressman GEORGE BROWN and I rise to- HON. JOSE´ E. SERRANO ancing work, family and volunteer obligations, gether to honor a great American, Steven D. expanding sponsorship of Chamber activities, Jacobs. I am proud to say that Steven is my OF NEW YORK and earning the continued support of existing IN THE HOUSE OF REPRESENTATIVES constituent, living with his wife, Deborah, in members. Given the outstanding efforts of the Victorville, California. Important to add, how- Thursday, September 17, 1998 Saginaw County Chamber of Commerce in ever, is that Steven's tireless and selfless Mr. SERRANO. Mr. Speaker, I rise today to planning this event for the past two years, I work crosses the boundaries of Congressional pay tribute to Mr. Wilfredo Benitez, an out- am confident that the time spent at this con- districts. As a very active member of the Vet- standing Puerto Rican athlete, who has been ference will be amply rewarded. erans of Foreign Wars (VFW) since 1981, Ste- a successful boxer. He was honored on Fri- The Chairperson of this event, Jean ven represents not only the vets in my district day, September 11, at the ``Centro Cultural George, has committed herself to making this but also many of the veterans who live in the Latino'' in my Bronx congressional district. event the best one of its kind, and I have Congressional district of my friend and col- Mr. Benitez was born in the Bronx, New every confidence that she will succeed. league, GEORGE BROWN. However, his service York, on September 12, 1958. His record does not end there. As two time All-American speaks volumes about his achievements: 53 Mr. Speaker, the community of business Commander, Steven has represented the vet- wins, 8 losses, 1 draw, 31 knockouts. He has men and women around this country have a erans of the entire State of California. Further- been in the Boxing Hall of Fame in Canastota, great deal of wisdom and real life experiences more, at this year's convention in Modesto, New York, since 1996. to share with their colleagues and to share Steven D. Jacobs was elected State Com- On March 6, 1976, at the age of 17, he de- with us. It is my pleasure to welcome the 1998 mander for the 1998±1999 year. feated Antonio Cervantes for the Junior State Ambassador Conference to Tee Off for Born in Hawthorne, California on October Welterweight title in 15 rounds. He is the Success '98 at Saginaw Valley State Univer- 27, 1949, Steven joined the Marine Corps youngest in boxing history to capture the sity. I look forward to learning from them, and after graduating from high school in 1967. In World Boxing Association (WBA) title. wishing them a most successful event. April 1968, Steven was sent to Vietnam to E1748 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 1998 serve with the Marine Air Group 30 in Quang IN HONOR OF THE 25TH ANNIVER- Through his long dedication and success in Tri. Upon his return stateside, Steven was sta- SARY OF THE IMMACULATE boxing, Mr. Vasquez has served as a role tioned at Twentynine Palms, California until he HEART OF MARY GOLDEN AGERS model for millions of youngsters in the United left the service to go to college. Since 1990, States and Puerto Rico who, like him, dream Steven has worked for Target Distribution in HON. DENNIS J. KUCINICH of success in the world of sports. Fontana, California where he is currently the OF OHIO Mr. Speaker, I ask my colleagues to join me Planner and Scheduler for the Maintenance IN THE HOUSE OF REPRESENTATIVES in recognizing Mr. Wilfredo Vasquez for his contributions and dedication to boxing, as well Department. Also a family man, Steven and Thursday, September 17, 1998 his wife are the proud parents of six children, as for serving as role model for the youth of four girls and two boys, and three grand- Mr. KUCINICH. Mr. Speaker, I rise to honor Puerto Rico and America. children. the Immaculate Heart of Mary Golden Agers in f celebration of their 25th anniversary on Sep- Mr. Speaker, on October 3d, a reception will tember 20, 1998. TRIBUTE TO WEST VIRGINIA be held in Steven's honor in Ontario, Califor- The Immaculate Heart of Mary Golden JOURNALIST ERNIE SALVATORE nia. Since we can not be present for this Agers Club was founded on September 18, event, Congressman BROWN and I would like 1973, by a group of parishioners who recog- HON. NICK J. RAHALL II to honor Steven D. Jacobs today. We would nized the need to increase social activities for OF WEST VIRGINIA ask our colleagues to join us in celebrating the the senior members of the parish. Eleven IN THE HOUSE OF REPRESENTATIVES life and great contributions of a great Amer- charter members, along with Father Frank Thursday, September 17, 1998 ican. Bartnikowski, met and chose Helen Skuza as their first president. In 1985, Helen Skuza re- Mr. RAHALL. Mr. Speaker, I want to con- f tired, and Joseph Sommerfelt was elected to gratulate Mr. Ernie Salvatore on his 50th anni- serve as the next president. versary as a journalist for newspapers serving CONGRESSIONAL RECOGNITION OF Traveling is the favorite activity of the group. Huntington, West Virginia. KCOH, HOUSTON However, when traveling is not an option, so- Mr. Salvatore began his career as a journal- cial events prevail. Picnics, bingo and raffles ist at age 15 taking sports scores over the are enjoyed by the group on the holidays as telephone. A year later, he covered traffic HON. SHEILA JACKSON-LEE well as manning the Winter and Ice Cream court for the Greenwich Times in Connecticut Socials, Tumbola, Maverick, Instant Bingo and and served as sports editor for his high school OF TEXAS the Split Raffle. newspaper. IN THE HOUSE OF REPRESENTATIVES Throughout the last 25 years, the Golden In 1942, Mr. Salvatore joined the U.S. Army Agers have also promoted many philan- and served in World War II. After his dis- Thursday, September 17, 1998 thropical events. They have made generous charge as a staff sergeant in 1948, he en- rolled at Marshall University in Huntington, Ms. JACKSON-LEE of Texas. Mr. Speaker, contributions to the Friends and Parents of Retarded Children, Inc., the annual fireworks West Virginia where he met his future wife, Whereas, in recognition of KCOH's original Joanne Pinckard. Following graduation, Mr. owners Dr. John B. Coleman, Judson Robin- display at Morgana Park and continue to give money and food to the needy of their commu- Salvatore worked for the Huntington Advertiser son, Jr., Travis Gardner, Skipper Lee Fraizer, nity during the holidays. The Golden Agers as radio-TV editor until being named sports and General Manager/Owner Michael also hold an annual Rummage Sale and Card editor in 1953. After 14 years as sports editor, Petrizzo; and Party to raise funds to provide scholarships for he became executive sports editor for both the Whereas, KCOH was the first Black oriented the eighth grade graduates of Jesus and Mary Huntington Advertiser and the Herald-Dis- radio station in Texas and has been a source School. patch. In 1986, Mr. Salvatore retired from the of entertainment to the Houston community While organizing and participating in extra- Herald-Dispatch, but continues to submit col- since 1952; and curricular activities, the Golden Agers have umns from his home office. Mr. Salvatore hired the first woman to write Whereas, within the years of operation, never lost touch with their parish or their com- about sports at the Advertiser and has many KCOH has evolved from a sun up through munity. Over the past 25 years they have gen- admirers in West Virginia including Bobby sunset broadcaster to a twenty four hour erously donated their time and their money to better their community. We owe the Golden Pruett, the Marshall University football coach. broadcaster, continuing to provide quality pro- Agers a sincere ``Thank you''. ``He's an honest person,'' Pruett said. ``He tells gramming to the Houston community; and f it like it is. In all dealings with me he's been Whereas, former air personalities Gladys very honest, straightforward and he's treated ``Gee Gee'' Hill, Perry ``Deep Throat'' Caine TRIBUTE TO WILFREDO VASQUEZ me fairly. I've known him since 1961, . . . and and Clifton Smith set a precedence in the the thing I've learned about Ernie is that he broadcasting profession; and HON. JOSE´ E. SERRANO loves Huntington and he loves Marshall Uni- versity. But even though he has that strong Whereas, the current air personality Michael OF NEW YORK love, he's going to be honest to his profession Harris, having over 20 years of service, along IN THE HOUSE OF REPRESENTATIVES and honest to his reading public.'' with air personality Wash Allen, continues to Thursday, September 17, 1998 He and his wife, who will celebrate their abide by the standard of excellence by provid- Mr. SERRANO. Mr. Speaker, I rise today to 50th anniversary in January, have raised five ing quality programming; and pay tribute to Mr. Wilfredo Vasquez, an out- children and are the proud grandparents of six Wheras, programming like Person to Person standing Puerto Rican athlete who has been a grandchildren. I salute Mr. Ernie Salvatore for with Michael Harris and Confession with Wash successful boxer. He was honored on Friday, his tireless dedication to the Huntington com- Allen provide mediated forums for the commu- September 11, at the ``Centro Cultural Latino'' munity, the State of West Virginia, and his nity to express itself and discuss pressing in my Bronx congressional district. chosen profession. issues that affect the individual, community, as Mr. Vasquez was born on August 2, 1961 in f well as, the nation. BayamoÂn, Puerto Rico. His record speaks vol- umes about his achievements: 50 wins, 8 TRIBUTE TO AKTINA Now therefore, be it resolved that KCOH is losses, 3 draws, 37 knockouts. PRODUCTIONS most deserving for any and all applause and On October 3, 1987, he defeated by knock- commendations for their work in the area of out Chan Yong Park for the Bantamweight title HON. ROBERT MENENDEZ broadcasting and community service to all in 10 rounds in the World Boxing Association OF NEW JERSEY people and on behalf of the constituents of the (WBA). On March 27, 1992, he defeated Raul IN THE HOUSE OF REPRESENTATIVES Eighteenth Congressional District of Texas, I Perez in 3 rounds for the Junior Feather- extend a sincere and hearty congratulations weight. Thursday, September 17, 1998 on your 46th Anniversary. Furthermore, I here- On May 18, 1996, he defeated Eloy Rojas Mr. MENENDEZ. Mr. Speaker, I rise today by grant Congressional Recognition to KCOH by knockout for the Featherweight title. He is to pay tribute to AKTINA Productions, a non- for Broadcasting Excellence and Quality Com- the only three-time champion in the same or- profit Greek-Cypriot-American radio program munity Programming. ganization. which offers stellar bilingual programming on CONGRESSIONAL RECORD — Extensions of Remarks E1749 the airwaves of public station WYNE 91.5 FM their work that keeps the great state of Califor- School District a far better entity than she in the New York Metropolitan area. nia moving up and moving on. found. AKTINA Productions is unique not only be- What the League of California Cities does is Her service as Secretary of the Board for cause it is the only bilingual Greek-American strive to protect the local authority and auton- two years and as President for nine years is Radio Show presently airing in the United omy of the city government and assist Califor- testimony to both her commitment and her States, but also because it caters to all ethnic nia cities in offering their citizens the best leadership. It is truly fitting that she be hon- groups and ages. Its programming includes services possible. To help its members meet ored before the regular Board meeting on Greek songs and music, as well as hard the everyday challenge of running a city gov- September 21. news, special news reports and feature stories ernment, the League offers services, training, Mr. Speaker, when we express concern of wide public interest, including folk arts, and other programsÐall of which equip Cali- about our young people, or worry about the sports, radio, theater and the latest Greek hits. fornia's cities to meet their tremendous re- quality of public education, let us all be thank- Its informative newscasts and reports from Cy- sponsibilities far into the future. ful that people like Angela Fenton undertake prus and Greece, inform listeners of the Greek On any given day here in the House or that important work with a visionary sense of and Cypriot national issues. across the way in the Senate, you will find the future, a hard core realism of the needs of Every year, AKTINA Productions organizes several legislators who have previously served today, and an appreciation for what has come a cultural event to acknowledge the Greek and as mayors and council members of Califor- before them. I urge you and all of our col- Cypriot heritage. This year's event will cele- nia's cities and who have worked closely with leagues to join me in thanking Angela Fenton brate the unique customs and traditions of the League for the good of those cities. for her years of exemplary service, and in Asia Minor. The well-known dance Group It seems appropriate that the theme for the wishing her the very best for all of the chal- Terpshichore will present a Dance-Music Jour- League's Centennial is: ``100 Years of Work- lenges that life still has in store for her. ney from the Waterfront of Smyrna to the ing Together: Better CitiesÐA Better Life.'' For f Black Sea of Pontos and into the caves of the 32 million citizens of the state of Califor- POW/MIA RECOGNITION DAY Cappadocia. nia, the cities where they live and work and This event will also mark the tragic anniver- play and grow offer them just that oppor- tunityÐa better life, a better chance, thanks to HON. BENJAMIN A. GILMAN sary of the Greek expulsion from Asia Minor OF NEW YORK people working together. following the catastrophe at Smyrna in 1922. IN THE HOUSE OF REPRESENTATIVES It was at Smyrna in 1914, that the Turkish Na- Mr. Speaker, it is with great pleasure that tionalists regime initiated a systematic cam- we recognize the League of California Cities Thursday, September 17, 1998 paign to eradicate the ethnic Greek population for 100 years of service to the people of the Mr. GILMAN. Mr. Speaker, I rise today to in Asia Minor, consigning and killing thou- great state of California. And it is with sincere remind my colleagues of the importance of sands of male conscripts into forced labor bat- wishes that our successors here in the House National POW/MIA Recognition Day, which talions and destroying Greek towns and vil- of Representatives have the privilege of work- falls on September 18, 1998. I urge my col- lages and slaughtering hundreds of thousands ing with this same institution 100 years hence. leagues to participate in recognizing America's of civilians in areas where Greeks composed f heroes; those who are presumed missing in a majority, including the Black Sea port of action. THANKS TO A DEVOTED Pontos and the areas surrounding Smyrna. Our Nation has fought six major conflicts in EDUCATOR AND LEADER Through this production AKTINA will be pay- its history. In those wars, over 500,000 Ameri- ing tribute to many Greeks who lost their lives cans have been taken prisoner-of-war. Those during the tragic events at Smyrna, including HON. JAMES A. BARCIA servicemen and women experienced numer- Metropolitan Chrysostomos, the spiritual lead- OF MICHIGAN ous hardships and treatment which could often er of the Orthodox Christians in Smyrna who IN THE HOUSE OF REPRESENTATIVES be described only as barbaric during the refused to abandon the city and was brutally Thursday, September 17, 1998 course of captivity. Those Americans impris- murdered by Turkish mobs with the consent of oned by the Japanese during World War II the Turkish police forces. Mr. BARCIA. Mr. Speaker, the future of our faced the worst possible conditions on cap- I would like to take this opportunity to con- Nation is in the hands of our young people, tivity and were firsthand witnesses to the utter gratulate AKTINA Productions both for the and our young people are both guided and depravity of their fellow men. service they provide to listeners in the tri-state molded by caring people who serve in our I have been a strong advocate of an ac- area, for ensuring that we never forget the educational system. While there is no doubt counting of our POW/MIA's since I first came tragic events at Smyrna by staging this pro- as to the incredible value of the effort provided to the Congress in 1973. I proudly supported duction, and to wish them well as they come by teachers, it must be remembered that with- the creation of the Select Committee on Miss- together on September 20, 1998 to celebrate out strong school boards to guide local edu- ing Persons in Southeast Asia, the National their Greek and Cypriot heritage. cation policies, teachers would have a far POW/MIA Recognition Days, and POW/MIA more difficult time achieving the goals that the f legislation because I believe the families of public has set for them. those who are missing in action deserve no A TRIBUTE TO THE 100TH ANNI- For the past thirty years, the Bay-Arenac In- less. Hopefully, 1998 will be the last year that VERSARY OF THE LEAGUE OF termediate School District has been well such an occasion will be necessary. My hope CALIFORNIA CITIES served by Angela V. Fenton, a dedicated lady is that by this time next year, our Government who had set her own clear goals when she will have obtained a full accounting of those HON. JERRY LEWIS started. She has served longer than any other brave Americans whose fates, at this time, are board member, and has now retired, having OF CALIFORNIA still unknown. successfully fulfilled each and every one of Permit me to focus special recognition on HON. LUCILLE ROYBAL-ALLARD these goals. She is being honored on Septem- those POW/MIA's from Korea and Vietnam. OF CALIFORNIA ber 21 for her accomplishments and her life- Despite the administration's best assurances IN THE HOUSE OF REPRESENTATIVES time of dedication. to the contrary, many of us remain uncon- Over the course of her tenure, Angela Fen- vinced that the governments of North Korea Thursday, September 17, 1998 ton had three goals. She wanted to establish and Vietnam have been fully cooperating with Mr. LEWIS of California. Mr. Speaker, my the Educational Center, which has been done the United States on this issue. Regrettably, colleague Ms. LUCILLE ROYBAL-ALLARD and I with the praise of the community and to the by normalizing relations with Vietnam, I be- rise today in order to pay tribute to the League great benefit of the many students who take lieve that we have withdrawn our leverage of California Cities, the organization that rep- advantage of it. She wanted to establish and over the Vietnamese Government on this resents the 471 incorporated cities of our manage the Vocational Center, and she has issue. home state, California. done exactly that, making what is known as In recent years, we have learned from testi- The League of California Cities was founded the Career Center one of the best of its kind mony presented to congressional committees a century ago by a small group comprised of in Michigan. She also wanted to locate a per- that Soviet and Czech military doctors per- 13 cities. In the century that has passed since manent building to serve the needs of Special formed ghastly medical experiments on U.S. its inception, the League has served as a vi- Education. This is in the process of being POW's in North Korea during the Korean war. brant, active forum where California city offi- completed. Her vision, her efforts, and her de- These experiments were used to test the psy- cials can exchange information and ideas in votion have left the Bay-Arenac Intermediate chological endurance of American GI's, as E1750 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 1998 well as their resistance to chemical, biological, GUNMEN IN EL SAUZAL, MEXICO the funds necessary to pay off the debt. He and radioactive agents. Moreover, Soviet and succeeded. Czech intelligence agents helped organize HON. RON PACKARD Reverend Schatine then came, and wanted shipments of POW's to the U.S.S.R. during OF CALIFORNIA to help build a parsonage. The project once again proved to be overwhelming and satisfy- the Vietnam war, and that, at least, 200 were IN THE HOUSE OF REPRESENTATIVES sent between 1961 and 1968. ing at the same time, as Brother Hawkins ex- Thursday, September 17, 1998 It is my hope that this information will lead ercised his leadership of the parish. Reverend to a further clarification regarding the safe re- Mr. PACKARD. Mr. Speaker, I rise today to Toomey completed this phase before Rev- turn of any living POW's who may still be in inform the House that 19 men, women and erend Johnson came in 1942, who then captivity in Korea or elsewhere. children were brutally murdered early this oversaw a major expansion of the church. Reverend O.J. Steel organized the chorus and Americans should always remember the morning in El Sauzal, Mexico. This small town, added a baptismal pool to the church. love of country that America's veterans have a suburb of Ensenada, is just an hour south In 1956, Reverend Roosevelt Austin be- shown as well as their personal sacrifices, of the Mexican border, and not far from my came the Pastor, a post which he still holds courage, convictions, and dedication to free- home district in Southern California. today. His devotion and leadership have dom that these individuals have exhibited. According to news reports, some twenty people living in three neighborhood homes helped Zion Baptist Church grow, with a new Veterans Affairs Committee Chairman, the were jerked from their beds and lined up edifice and an educational expansion. He has gentleman from Arizona, BOB STUMP quoted a against a wall shortly after 4 a.m. this morn- been a most positive force within the commu- portion of President Abraham Lincoln's letter ing. They were then brutally gunned down nity, having been very active with the NAACP, to a mother who lost five sons on the battle- execution style, murdered in cold blood. OIC of Metropolitan Saginaw, Saginaw City field: Mr. Speaker, I hope the Mexican authorities Council, Second National Bank Board of Di- I cannot refrain from tendering to you the find these killers and put an end to the vio- rectors, President of the Wolverine State Con- thanks of the Republic they died to save. I lence which has plagued this region in years gress of Christian Education, and many other pray that our Heavenly Father may assuage past. We cannot afford an increase in drug civic and religious organizations. the anguish of your bereavement, and leave Throughout this time, the people who have you only the cherished memory of the loved and gang-related violence along our southern border. I urge my fellow southern California benefitted have been the thousands of parish- and lost, and the solemn pride that must be ioners who have found strength, guidance, yours to have laid so costly a sacrifice upon colleagues to join me in urging that we con- the altar of freedom. tinue to support our border patrol officers. and solace from Zion Baptist Church, its Pas- f tors, and its congregation. This 130 year testi- May it be of some solace to the families and mony of faith is something to be truly cele- loved ones of our missing and POW's that PERSONAL EXPLANATION brated. Mr. Speaker, I urge you and all of our there are many of us in the Congress commit- colleagues to join me in wishing Pastor Austin ted to a full and final accounting of our miss- HON. MICHAEL D. CRAPO and the congregation of Zion Baptist Church a ing. OF IDAHO most joyous 130th anniversary, and many IN THE HOUSE OF REPRESENTATIVES more to come. f f Thursday, September 17, 1998 TRIBUTE TO WILFREDO GOMEZ TRIBUTE TO THOMPSON VALLEY Mr. CRAPO. Mr. Speaker, I was not able to HIGH SCHOOL cast a series of votes on September 14, 1998. HON. JOSE´ E. SERRANO Had I been present, I would have voted in the following manner: HON. BOB SCHAFFER OF NEW YORK S. 2206, rollcall No. 426. I would have voted OF COLORADO IN THE HOUSE OF REPRESENTATIVES ``aye''. IN THE HOUSE OF REPRESENTATIVES Thursday, September 17, 1998 H. Con. Res. 304, rollcall No. 427. I would Thursday, September 17, 1998 have voted ``aye''. Mr. BOB SCHAFFER of Colorado. Mr. Mr. SERRANO. Mr. Speaker, I rise today to H. Con. Res. 254, rollcall No. 428. I would Speaker, I rise today to pay tribute to some of pay tribute to Mr. Wilfredo Gomez, an out- have voted ``aye''. the fine young people at Thompson Valley standing Puerto Rican athlete who has been a H. Con. Res. 185, rollcall No. 429. I would High School. The varsity cheerleading squad successful boxer. He was honored on Friday, have voted ``aye''. was awarded the Colorado High School Activi- September 11, at the ``Centro Cultural Latino'' f ties Association's academic champions award in my Bronx congressional district. for having the highest grade point average of Mr. Gomez was born on October 29, 1956 HAPPY 130TH ANNIVERSARY ZION BAPTIST CHURCH any school their size. I commend these young in Santurce, Puerto Rico. His record speaks ladies for their great academic achievement in volumes about his achievements: 42 wins, 3 addition to their hard work on the cheerleading losses, 1 draw, 40 knockouts. He is in the HON. JAMES A. BARCIA squad. Their dedication and drive is sure to Boxing Hall of Fame in Canastota, New York. OF MICHIGAN carry them to a bright and opportunistic future. On May 21, 1977, he defeated by knockout IN THE HOUSE OF REPRESENTATIVES I applaud Shari Robinson, their coach, for her Dong Kyum Yum in the 12th round to conquer Thursday, September 17, 1998 leadership. Mr. Speaker, I have no doubt that the World Boxing Council (WBC) Junior Feath- these young ladies: Allison Anderson, Laressa erweight title. He defended that title 17 times Mr. BARCIA. Mr. Speaker, the strength and stability that people find within their church is Branson, Shannon Curtis, Christine Foote, and won all the fights by knockout which set Jenny Giansiracusa, Sara Griebe, Sara Klaas, a world record. a divine power. And nothing is stronger than the stability provided by longevity. On Septem- Elizabeth Leon, Kristen McTeer, Jodi Naylor, On March 31, 1984, he defeated Juan ber 26, the Zion Baptist Church of Saginaw, Hilary Pederson, Britni Rhodes, Kirsta Rine- Laporte for the World Boxing Council Feather- Michigan, will celebrate its 130th anniversary hart, Jeanell Santee, Dana Terry, Allysian weight title in 12 rounds and on May 19, 1995 in a fashion that is sure to inspire every one Vissat, and Jamie Williams, will continue to defeated Rocky Lockridge for the World Box- of its parishioners. excel in their academic and athletic endeav- ing Association (WBA) Jr. Lightweight title. The members of today's church can look ors. Thank you, Mr. Speaker. Through his long dedication and success in back fondly upon the church's history and f boxing, Mr. Gomez has served as a role learn great lessons from the church's history. AN AMERICAN SUCCESS STORY model for millions of youngsters in the United While the church had a successful but non- States and Puerto Rico who, like him, dream eventful first 59 years, it has had a very active HON. PHILIP M. CRANE of succeeding in the world of sports. period since then. Reverend Reid became OF ILLINOIS Mr. Speaker I ask my colleagues to join me pastor in 1928. He committed the church to a IN THE HOUSE OF REPRESENTATIVES in recognizing Mr. Wilfredo Gomez for his con- $10,000 expansion package, only to have the tributions and dedication to boxing, as well as Great Depression place demands on the Thursday, September 17, 1998 for serving as a role model for the youth of church that it would not place on itself. It fell Mr. CRANE. Mr. Speaker, one of the sad- Puerto Rico and America. to the next pastor, Reverend Arnold, to find dest chapters in America's history is that of CONGRESSIONAL RECORD — Extensions of Remarks E1751 her Indians. The U.S. government has, over As a result, average family income has of BBA, the incentive to home health agencies the years, waged wars against various tribes, soared from about $2,000 per year 35 years was to over-utilize services for patients be- as they forced others to relocate great dis- ago to around $24,000 per year today. Unem- cause that is how the agency made more tances from their ancestral lands. In the 20th ployment has been all but eliminated, and only about 3 percent of Choctaw tribal mem- money. In the BBA's prospective payment sys- century, Washington made American Indians bers are on welfare. Life expectancy is now tem (PPS) of the future, the incentive will be virtual slaves to the federal welfare system. 65–70 years, an increase of almost 20 years the opposite and there are real concerns As a student of history with some Cherokee from four decades ago. Infant mortality has about potential under-utilization of services. blood in my veins, I have had a keen interest now plummeted to below state and national The Medicare Home Health Case Manager in the plight of the American Indian. For that averages. Act would ensure that home health care deci- reason, I have been very encouraged and im- The average educational level of adult sions for long-stay patients were being made pressed with the efforts of Chief Phillip Martin tribal members has climbed from sixth grade by an independent case manager who in no of the Mississippi Choctaws. I have had the in 1975 to almost 12th grade today. Sub- way financially benefited by the length or type privilege of meeting Chief Martin, who has standard housing is virtually gone from the reservation, replaced by modern homes. In of home care provided to a patient. They presided over an economic renaissance in his short, on indicator after indicator, the would be paid by a Medicare fee-schedule tribe. Chocataws are now approaching middle class Instead of looking to bureaucrats on the Po- that would in no way be influenced by the American status. amount or type of care they recommend. tomac, the Choctaws looked to themselves In leading this long climb from the depths and took advantage of opportunities in the free of poverty and despair, Chief Martin has This idea is endorsed by the Medicare Pay- market to lift themselves out of destitution. achieved many accomplishments that show ment Advisory Commission (MEDPAC), a Now the reservation is a economic dynamo of he well deserves the Hero of the Taxpayer Commission appointed by Congress to provide industrial and commercial enterprises. In fact, Award we will happily present to him today: expert advice on Medicare and Medicaid pol- He has shown the way for American Indi- icy. In their March 1998 report to Congress the reservation is among the top ten employ- ans and tribes across this nation to climb ers in the entire state of Mississippi. out of government dependency and join in they recommended that such a case manager I commend to the attention of my colleagues the mainstream American economy. be adopted for the home health benefit. an article from the Wednesday, September 16, He has shown that the Enterprise Zone Their report states: 1998 edition of the Washington Times entitled model of economic development, with great- ``Choctaws' climb from despair'' written by ly reduced tax and regulatory burdens and Such an assessment would help to mini- Grover Norquist. Mr. Norquist describes the local control, can work incredibly well in the mize the provision of services of marginal most difficult of circumstances. clinical value, while ensuring that patients achievements of Chief Martin and the Mis- He has been the leader and innovator in receive appropriate care. Requiring case man- sissippi Choctaws which should be a good les- contracting out services and programs from agement of long-term home health users could son for not only other Indian tribes across the the Bureau of Indian Affairs and Indian improve outcomes for individuals with long-term country, but other communities as well. Health Service, so that now virtually all home health needs and at the same time slow [From the Washington Times, Sept. 16, 1998] Federal Indian programs and services for the the growth of Medicare home health expendi- CHOCTAW’S CLIMB FROM DESPAIR Mississippi Choctaws are run by the tribe tures. (emphasis added) rather than the federal government. He has (By Grover Norquist) There are also real-life examples of case Forty years ago, a long forgotten band of consequently shown how the federal role in Indians, the Mississippi Choctaws, were Indian affairs can be greatly diminished and management systems saving money and im- mired in the deepest of poverty, after 150 the role of tribes in running their own affairs proving care. For example, Maryland's Medic- years of decline from what was perhaps once greatly increased. aid program has a high cost user initiative Even though the tribe is effectively the the mightiest Indian nation in the South. which in FY 96 saved the state $3.30 for each state and local government for the Mis- Unemployment had long stood at about 75 sissippi Choctaws and provides all state and $1 spentÐa savings of 230%. The Health In- percent, and those who did work were poorly local services, Chief Martin runs it and has surance Association of America also commis- compensated sharecroppers. Life expectancy accomplished all of the above to boot with sioned a study of its member plans and found was only 45 to 50 years, and infant mortality virtually no tribal taxes. that rehabiltation/case management programs was the highest of any population in the United States. Eighty-five percent of Choc- f return an investment of $30 for every $1 taw housing was classified as substandard. spent. Local education stopped at the sixth grade. INTRODUCTION OF THE MEDICARE History has shown us that simply throwing The only health care was from a nearby fed- HOME HEALTH CASE MANAGER more money into home health is not the an- erally run hospital. Even in the 1960s, a local ACT swer for assuring that patients receive appro- newspaper called the Choctaw tribe ‘‘the priate care. Let's use this opportunity to make worst poverty pocket in the poorest state of HON. FORTNEY PETE STARK the union.’’ a real, tangible improvement in the quality of Then Chief Phillip Martin took over the OF CALIFORNIA care obtained by Medicare patients and simul- reigns of leadership for the tribe. Chief Mar- IN THE HOUSE OF REPRESENTATIVES taneously save Medicare spending by reduc- tin’s insight was that his people were never Thursday, September 17, 1998 ing inappropriate visits. I look forward to work- going to climb out of this swamp of despair Mr. STARK. Mr. Speaker, I rise today with ing with my colleagues for passage of this im- by relying on federal handouts and bureau- portant legislation. crats. He realized instead that their only Representative BEN CARDIN (D±MD) to intro- hope was to turn to the private market econ- duce the Medicare Home Health Case Man- f omy and earn their own way. ager Act of 1998. The Medicare home health Remarkably, he understood that what benefit has received much attention this year. seemed to others like an economically hope- MEMBER OF INDIAN PARLIAMENT less enclave of despair had much to offer The reason for that attention has been the CRITICIZES INDIAN GOVERN- business and industry. The tribe’s reserva- dramatic growth of home health services over MENT’S ACTIONS tion was effectively an Enterprise Zone, with the past decade. tribal business exempt from all federal and The Balanced Budget Act of 1997 (BBA) state taxes, as well as all state regulations made a number of changes to the home HON. JOHN T. DOOLITTLE and many federal regulations. Moreover, the health benefit to help stem that growth. How- OF CALIFORNIA tribe had a ready and available work force ever, much more needs to be done. eager to be trained and perform well. The Medicare Home Health Case Manager IN THE HOUSE OF REPRESENTATIVES Through long years of hard work, Chief Martin turned these assets into astounding Act is a double winner. It would simulta- Thursday, September 17, 1998 success. Today, the Choctaws are an eco- neously reduce Medicare spending on home nomic powerhouse, proprietors of a sprawl- health while improving the quality of the bene- Mr. DOOLITTLE. Mr. Speaker, on August ing, multi-enterprise, industrial and com- fit. It does this by introducing a new compo- 14, News India-Times reported that Kuldip mercial empire. They are the largest em- nent to the benefit: an independent case man- Nayar, a member of the Rajiya Sabha, the ployer in Neshoba County, and among the 10 ager. upper house of India's Parliament, came largest employers in the state. They now Today, home health care is prescribed by a under verbal attack for saying that Pakistan's have industrial plants on their reservation patient's physician, but then the actual plan of attack at the town of Doda came in retaliation under contract with Ford, Chrysler, AT&T, care is executed by the home health agency for similar acts by Indian agents in the Paki- Xerox, Navistar, American Greetings, stani state of Sindh. McDonald’s and others. They also now run treating the patient. This creates incentives one of the most successful casinos in the that have nothing to do with quality or appro- For this admission, some Indian Americans state, the Silver Star, opened just four years priateness of care. Under the cost-based reim- are trying to have him removed from Par- ago. bursement system that existed before passage liament, according to the article. Mr. Nayar E1752 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 1998 has forthrightly stated Indian responsibility for the Indian government for Pakistan-spon- Age Senior Center, Inc. and the individuals the situation in Kashmir and has opposed the sored massacres in Kashmir, and vehemently who have made 25 years of service possible. Indian government's nuclear tests. supports the U.S. government protests against the Indian nuclear tests. Does this f Indian governments haven't always been lobby stand for India’s unity or does it wish the close friends with the United States and for its dismemberment? THANK YOU, RICHARD A. have often destabilized the region. It put the Nayar and his fellow co-conspirators will Prithvi missile on the export market a few do well to note that Kashmir is not about re- BRZEZINSKI years ago, some of which can even reach ligion. It is about freedom of religion. We parts of the United States. It has provided nu- urge the government of India and the Indian HON. JAMES A. BARCIA National Human Rights Commission to treat clear technology to repressive, anti=American OF MICHIGAN regimes such as Iran. The Indian government the Kashmiri Pandits as ‘‘internally dis- placed people’’ and stress the importance of IN THE HOUSE OF REPRESENTATIVES votes against the United States at the United providing conditions for their safe return to Nations more often than any other country ex- the valley. Thursday, September 17, 1998 cept Cuba, yet it remains one of the top five In light of such terrible tragedy of fellow Mr. BARCIA. Mr. Speaker, the quality of our recipients of U.S. aid. Indians in Kashmir, Nayar should be expelled lives is often measured by the people who we Not only India's neighbors, but also several from the Rajya Sabha. We also urge the pa- have the good fortune to know. For others, the of its constituent peoples have suffered at the triotic parliamentarians to take immediate action against Nayar for his treacherous and quality of their lives is the direct result of the hands of violent Indian governments. Inter- efforts by the people they are privileged to nally, the Indian government has murdered anti-national actions in the Rajya Sabha,’’ the organization stated. know. For virtually twenty-five years, the peo- over 250,000 Sikhs since 1984, more than ple of Bay City most definitely benefited from f 200,000 Christians in Nagaland since 1947, the concern and outstanding leadership of almost 60,000 Kashmiri Muslims since 1988, TRIBUTE TO MANHATTAN VALLEY Richard A. Brzezinski. This unequalled gen- and tens of thousands of Assamese, Tamils, GOLDEN AGE SENIOR CENTER, tleman passed away this summer, and will be Manipuris, Dalits, and others. In November INC. honored at a special meeting of the Bay City 1994 the Hitvada newspaper reported that Housing Commission on September 24. India paid the last Governor of Punjab, HON. JOSE´ E. SERRANO Richard Brzezinski was married to his wife, Surendra Nath, $1.5 billion to foment terrorism Pat, for forty-four years. Their two children OF NEW YORK in neighboring Kashmir and in Punjab, Rick Brzezinski and Terri Jozwiak, and five Khalistan as well. According to the State De- IN THE HOUSE OF REPRESENTATIVES grandchildren learned well from a man who partment, between 1992 and 1994 the Indian Thursday, September 17, 1998 was active in his community, active in his government paid over 41,000 cash bounties to church, and committed this personal sense of police officers for murdering Sikhs. In one Mr. SERRANO. Mr. Speaker, it is with joy and pride that I rise to pay tribute to the Man- justice and his personal obligation to help case, the police event went so far as to kill a those in need. three-year-old boy and his father and uncle to hattan Valley Golden Age Senior Center, Inc., Dick worked at Dow Chemical for more than collect one of these bounties. which will celebrate its 25th anniversary of thirty years. He was actively involved in his We should also go on record demanding services to the seniors and the community on union, the United Steelworkers of America, that India fulfill its half-century-old promise of Friday, September 18, 1998. where he served as President of Local 12075 a plebiscite in Kashmir and that it hold an Manhattan Valley Golden Age Senior Cen- from 1982 to 1988. He worked extensively on internationally-supervised plebiscite in Punjab, ter, Inc. was founded in 1973 by a group of programs for the placement of the disadvan- Khalistan to decide the future of that country civic leaders and community residents of the taged and handicapped, helping many dis- in a free and fair vote. Upper Westside of Manhattan District Board #7 who understood the need to provide a vari- advantaged and handicapped individuals to I would like to submit the News India-Times ety of educational and recreational activities to find employment. article for my colleagues. our senior citizens. He was elected to the Bay City Commission [From the News India-Times, Aug. 14, 1998] The Center began its operations in two in 1973, until his election as President in KULDIP NAYAR FLAYED FOR ‘‘ANTI-INDIA’’ small rooms in the basement of the Grace 1977. He has been a member of the Bay REMARKS Methodist Church before relocating in 1981 to County Democratic Executive Board for the NEW DELHI: The recent statement allegedly a modern building in a residential area on past twenty years, and has been an individual made by Kuldip Nayar, veteran journalist 106th Street between Columbus and Amster- who has honored me with his support. Since and nominated member of the Rajya Sabha dam Avenues. 1980, he served as a member of the Bay on the Doda massacre has created a furor in The center provides advocacy and entitle- County Housing Commission which oversees the country. ment benefit services to help enhance an indi- federally assisted housing programs in Bay Nayar is now looked upon as a ‘‘treach- County. He was honored earlier this year with erous, anti-national element’’ for suggesting vidual's self-esteem and foster a greater the Alvira Long Memorial Award for Commis- that the massacre at Doda is only a retalia- sense of independence and self-reliance. tion by Pakistan for similar actions by In- On a daily basis, the Center, which is open sioners of the North Central Regional Council dian agents in Sindh. Monday thru Friday from 8:30 a.m. to 4:00 of the National Association of Housing and The comment which has been so strong has p.m., serves hot, nutritious meals to over 150 Redevelopment Officials for his commitment to even taken up editorial columns of the coun- seniors. his agency and to the citizens of Bay City. try’s leading newspapers and magazines. Mr. Speaker, I applaud the commitment and Perhaps the highest tribute that can be paid One such editorial piece has even called it the efforts of the Manhattan Valley Golden to him is the appreciation of his friends. In a blasphemous statement and that patriot- Age Senior Center, Inc.'s board, staff, and support of the NAHRO award to Dick, his ism has been turned into a dirty word by a supporters for the assistance they provide to friend Richard Zmyslony wrote:``I count it a ‘‘coterie of influential so-called intellec- tual.’’ the elderly. privilege to have him as a friend, and he has It added that such a statement would not With the collaboration of a qualified staff, been a mentor to myself and many others in have been made even by a spokesperson of Manhattan Valley Golden Age Senior Center, these areas.'' We should all be so fortunate as Pakistan’s notorious Inter-Services intel- Inc. networks with other agencies that offer to have our friends think that well of us. ligence as that would have indicated its in- assistance to help keep our senors vital and Mr. Speaker, Richard Brzezinski will be volvement in the Doda massacres. part of the community. missed by his family, his friends, and the peo- Meanwhile, American Friends of India con- I would like to especially compliment this ple of Bay City. It is only fitting that as he is demning Kuldip Nayar have circulated a re- year's honoree, Mr. Joseph Unanau, president honored in a few short days, we all pause to lease questioning Nayar’s credibility as a of Goya Foods, who will be recognized during say ``thank you'' to a man who did so much for representative of the nation. ‘‘This prepos- terous action by Kuldip Nayar brings several the 25th anniversary for his support in improv- so many, and continues to show all of us that issues into question. Can he be trusted to be ing the quality of life of the seniors in our com- there is always something more that we can our representative in the Upper House of the munity. do to make life better for those who need as- It may be noted here that Nayar represents Mr. Speaker, I ask my colleagues to join me sistance during those days that challenge a lobby of so called intellectuals that blames in recognizing the Manhattan Valley Golden even the best of us. CONGRESSIONAL RECORD — Extensions of Remarks E1753 ANNIVERSARY OF TRAGIC COUP website (http://www.seas.gwu,edu/nsarchive/), ceptable to the United States. The President IN CHILE AND THE ROLE OF THE as well as two newspaper columns from the asked the Agency to prevent Allende from CIA Boston Globe and the Miami Herald about the coming to power or to unseat him. The President authorized ten million dollars for significance of the anniversary of Chile's this purpose, if needed. Further, the Agency HON. GEORGE MILLER bloody coup and of these new documents. is to carry out this mission without coordi- OF CALIFORNIA I commend these materials to my col- nation with the Departments of State or De- IN THE HOUSE OF REPRESENTATIVES leagues' attention. fense. . . . The Director said he had been Thursday, September 17, 1998 [From the New York Times, September 13, asked by Dr. Henry Kissinger . . . to meet 1998] with him on Friday, 18 September, to give Mr. MILLER of California. Mr. Speaker, Sep- him the Agency’s views on how this mission ALL THE PRESIDENT HAD TO DO WAS ASK; THE tember 11 was the 25th anniversary of the could be accomplished. C.I.A. TOOK AIM AT ALLENDE military overthrow of the democratically elect- On Oct. 16, a cable went out from C.I.A. (By Tim Weiner) ed government of Salvador Allende in Chile, a headquarters to Henry Heckscher, C.I.A. sta- tion chief in Santiago, Chile, who had doubts country which had a long and democratic his- From 1970 to 1973, the United States sought to overthrow the Government of Chile and about the plots. tory. The National Security Archives has just its democratically elected President, Sal- It is firm and continuing policy that released on the Internet dramatic documents vador Allende, whom it deemed a Marxist Allende be overthrown by a coup. It would be they obtained through the Freedom of Infor- threat to American interests. Under orders much preferable to have this transpire prior mation Act and elsewhere clearly showing the from President Richard M. Nixon, the Cen- to 24 October but efforts in this regard will United States' efforts to overthrow the Chilean tral Intelligence Agency mounted a full-tilt continue vigorously beyond this date. We are government. U.S. officials had maintained that covert operation to keep Dr. Allende from to continue to generate maximum pressure toward this end utilizing every appropriate they had no organized effort to topple taking office and, when that failed, under- took subtler efforts to undermine him. Those resource. It is imperative that these actions Allende's government. be implemented clandestinely and securely In the end, the bloody 1973 coup that ush- efforts ‘‘never really ended,’’ the C.I.A.’s di- rector of operations at the time, Thomas so that the United States Government and ered in almost 20 years of brutal military dicta- Karamessines, later told Senate investiga- American hand be well hidden. . . . Please re- torship was the work of Gen. Augusto tors. view all your present and possibly new ac- Pinochet and the Chilean Army under his Twenty-five years ago this week, on Sept. tivities to include propaganda, black oper- command. They newly declassified docu- 11, 1973, the Chilean military seized power. ations, surfacing of intelligence or ments, however, show extensive U.S. covert The junta, under Gen. Augusto Pinochet, disinformation, personal contacts, or any- operations to try to prevent Allende from tak- ruled until 1990. Its death squads murdered thing else your imagination can conjure more than 3,000 people, and it jailed and tor- which will permit you to press forward to- ing office in 1970, to encourage a military ward our [deleted] objective. coup and to destabilize his government and tured thousands more. Chile is still trying to come to terms with the damage done to its Plans were already in motion. Five days the Chilean economy until the coup took earlier, on Oct. 11, Mr. Broe sent this cable democratic institutions. place. The declassified Government documents from C.I.A. headquarters to the Santiago During the subsequent congressional inves- excerpted below were collected by the Na- station: SUB-MACHINE GUNS AND AMMO BEING tigation of U.S. covert activities in Chile, then tional Security Archive, a nonprofit research SENT BY REGULAR [deleted] COURIER CIA director Richard Helms told Congress that group in Washington that has sought to un- LEAVING WASHINGTON 0700 HOURS 19 OC- cover secret records since 1985. They were the CIA and other national security agencies TOBER DUE ARRIVE SANTIAGO LATE posted on its website (www.seas.gwu.edu/ of the United States had not attempted to de- EVENING 20 OCTOBER OR EARLY MORN- stabilize or overthrow the Allende government. nsarchive) on Friday. They show how much ING 21 OCTOBER. Helms was later convicted in federal court for the United States was committed to thwart- The United States did not spur the Chilean lying to Congress and was fined $2,000. The ing Mr. Allende even before he took office, military to act, but it was not for want of and they illustrate a fact that was not well trying, as shown by an internal C.I.A. report, documents below clearly show that President understood during the cold war: The C.I.A. Richard Nixon could not tolerate the presence ‘‘Chilean Task Force Activities,’’ dated Nov. very rarely acted as a rogue elephant. When 18. of socialist President Allende, despite his hav- it plotted coups and shipped guns to mur- On 15 September 1970, C.I.A. was directed ing won office in a free and fair democratic derous colonels, it did so on orders from the to try to prevent Marxist Salvador Allende’s election. President. ascent to the Chilean Presidency. . . . A mili- This is what New York Times reporter Tim United States Ambassador Edward Korry, tary coup increasingly suggested itself as the Weiner wrote about the documents in an arti- in a cable titled ‘‘No Hopes for Chile,’’ ad- only possible solution to the Allende prob- cle this past Sunday. ``They show how much vised Washington on Sept. 8, 1970: lem. Anti-Allende currents did exist in the Civility is the dominant characteristic of military and the Carabineros, but were im- the United States was committed to thwarting Chilean life . . . And civility is what makes Mr. Allende even before he took office, and mobilized by the tradition of military re- almost certain the triumph of the very un- spect for the Constitution. . . . [The C.I.A.’s they illustrate a fact that was not well under- civil Allende. Neither the President nor the propaganda efforts included] special intel- stood during the cold war: The CIA very rarely Armed Forces have the stomach for the vio- ligence and ‘‘inside’’ briefings given to U.S. acted as a rogue elephant. When it plotted lence they fear would be the consequence of journalists. . . . Particularly noteworthy in coups and shipped guns to murderous colo- intervention. this connection was the Time cover story nels, it did so on orders from the President.'' The Ambassador followed up on Sept. 11 which owed a great deal to written materials One of the most important things about the with a new cable, ‘‘The Communists Take and briefings provided by C.I.A. . . . . C.I.A. documents, however, is what is missing from Over Chile.’’ briefings in Washington [deleted] changed There is a graveyard smell to Chile, the the basic thrust of the story in the final them. It is widely believed that the United fumes of a democracy in decomposition. States has additional key documents that stages according to another Time cor- They stank in my nostrils in Czechoslovakia respondent. It provoked Allende to complain would help resolve ongoing legal battles con- in 1948 and they are no less sickening today. on 13 October, ‘‘We are suffering the most cerning responsibility for acts of terrorism that On Sept. 15, Richard M. Helms, Director of brutal and horrible pressure, both domestic took place on behalf of the Pinochet dictator- Central Intelligence, took handwritten notes and international,’’ signaling out Time in ship in Chile and around the world, including at a White House meeting with President particular as having ‘‘openly called’’ for an the United States. U.S. officials, however, con- Richard M. Nixon, Attorney General John invasion of Chile. tinue to refuse to declassify or share with Mitchell, and the national security adviser, Another report, ‘‘Postmortem on the Chil- Henry M. Kissinger. ean Presidential Election,’’ by Mr. Helms to prosecutors in other countries these key docu- 1 in 10 chance perhaps, but save Chile!.. Gen. Alexander Haig, Mr. Kissinger’s mili- ments. worth spending . . . not concerned risks in- tary aide, weighted the stakes. The United States, which has an avowed in- volved . . . no involvement of embassy . . . On 3 November 1970, Mr. Salvador Allende terest in the rule of law, the elimination of $10,000,000 available, more if necessary . . . became the first democratically elected international terrorism, and the promotion of full-time job—best men we have . . . game Marxist head of state in the history of Latin justice and democracy in Latin America and plan . . . make the economy scream . . . 48 America—despite the opposition of the U.S. throughout the world, should make available hours for plan of action. Government. As a result, U.S. prestige and documents that will reveal critical additional in- On Sept. 16, William V. Broe, chief of the interests in Latin America and, to some ex- C.I.A.’s Western Hemisphere division, met tent, elsewhere are being affected materially formation concerning the perpetrators of with Mr. Helms and other senior C.I.A. offi- at a time when the U.S. can ill afford prob- crimes and human rights atrocities committed cers. lems in an area that has traditionally been on behalf of Pinochet dictatorship. The Director [of Central Intelligence] told accepted as the U.S. ‘‘backyard.’’ Below is a New York Times summary of the the group that President Nixon had decided From November 1970 until September 1973, documents on the National Security Archives that an Allende regime in Chile was not ac- when the military seized power, the C.I.A. E1754 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 1998 spent $8 million undermining President Chile’s is a history that demands to be re- and US knowledge of Pinochet’s atroscities, Allende. When the coup came, the United membered. remains buried in still classified US govern- States knew about the plans and encouraged Having launched a covert effort to over- ment archives. them, but played no direct role. Three weeks throw the democratically elected socialist In both countries, the powers-that-be later, a United States military intelligence government of Salvador Allende in 1970, and would prefer that the skeletons remain officer reconstructed the day. having welcomed the coup with aid and sup- locked in the national closet . .. D-DAY 11 SEPTEMBER H–HOUR 0600 port in 1973, the United States is inextrica- In the United States, there are victims of Chile’s coup d’etat was close to perfect. bly tied to these events in Chilean history. Chile’s human rights atrocities who also de- Unfortunately, ‘‘close’’ only counts in horse- It was, after all, President Nixon who in serve answers. There is the family of Charles shoes and hand grenades. . . . Original plan September 1970 ordered the CIA to ‘‘make Horman, executed in Chile’s national sta- called for President Allende to be held in- the economy scream’’ in Chile, to ‘‘prevent dium 25 years ago today (about whom the communicado in his home until the coup was Allende from coming to power or to unseat movie ‘‘Missing’’ was made). There are the a fait accompli. H-hour delay in Santiago him.’’ It was Secretary of State Henry Kis- families of Ronni Moffitt and former Chilean permitted Allende to be alerted at 0730. singer, as recently declassified CIA records diplomat Orlando Letelier, both killed by a Allende immediately dashed to the show, who told the agency that ‘‘it is firm car bomb planted by Chile’s secret police in palace . . . [where] he had access to radio and continuing policy that Allende should be September 1976—the most notorious act of communications facilities which permitted overthrown by a coup’’ and directed that the international terrorism ever in Washington, him to personally implore ‘‘workers and stu- agency ‘‘should continue keeping the pres- D.C. dents, come to the Moneda and defend your sure on every Allende weak spot in sight— In Chile, history is easier to hide; General Government against the Armed Forces.’’ The now . . . and into the future until such time Pinochet, who designated himself a ‘‘sen- hour was 0830. . . . Military had all roads to as new marching orders are given.’’ Allende ator-for-life’’ before relinquishing power in Santiago blocked. Lid was on TIGHT inside was assassinated in the coup. 1990, told Chile’s leading newspaper this city. Everyone on streets not wearing right At the time of Pinochet’s takeover, the month that he ‘‘had nothing to do’’ with any color jersey stood an excellent chance of get- United States made every effort to stabilize human rights violations that took place dur- ting shot. Allende managed to personally the new military junta’s grip on power. Even ing his rule. In Chile, there is neither the broadcast two ‘‘MAYDAY’’ messages. The as reports of mass arrests, summary execu- documentation nor the power to challenge first, at 0830, sounded strong and confident as tions—including of two US citizens—wide- him. he summoned the workers and students. The spread torture, and disappearances flooded second at 0945 sounded morose, almost as if the media, the CIA initiated new clandestine In the United States, however, keeping the he was preparing the eulogy for his dying operations designed, according to their own secrets of the past is far more difficult. Slow- government. It was his last broadcast as the documents, to ‘‘assist the junta in gaining a ly but surely, documents—CIA reports, Na- Air Force soon located and rocketed his an- more positive image, both at home and tional Security Council options papers, State tennae. The hour was 1015. ... abroad,’’ The Nixon White House, in the Department cables—are being declassified Allende was found alone and dead in his of- meantime, opened the floodgates of eco- under the Freedom of Information Act. fice off the inner courtyard. He had killed nomic and military support to the new re- Moreover, Spain has asked the Clinton ad- himself by placing a sub-machine gun under gime. ministration to release numerous documents his chin and pulling the trigger. Messy, but The Central Intelligence Agency’s actions relating Pinochet’s ‘‘crimes against human- efficient. The gun was lying near his body. A in Chile also has a significant impact in the ity’’—part of an international human rights gold metal plate imbedded in the stock was United States. Once the CIA’s covert in- lawsuit the Spanish courts have filed against inscribed ‘‘To my good friend Salvador volvement in the overthrow of democracy military authorities in Chile and Argentina. Allende from Fidel Castro.’’ Obviously Com- there became known, that revelation helped Since many of the thousands of the still- munist Cuba had sent one too many guns to fuel the first wide-scale national evaluation, secret US documents on Chile are now, or Chile for their own good. The hour was in the mid-1970s, of the morality and propri- soon will be, more than 25 years old, they 1345. . . . ety of covert operations abroad. fall under President Clinton’s 1995 executive Semper Fidelis Similarly, the case of Chile established order on national security information man- Patrick J. Ryan human rights as part of the lexicon of US dating that records of that age and older be Lieutenant Colonel, USMC foreign policy. Public outrage over White fully declassified. Postscript: After 17 years as Chile’s dic- House acceptance of Pinochet’s atrocities be- The CIA and other national security agen- tator, General Pinochet relinquished power came the catalyst for organizing a perma- cies are resisting compliance with the order, to a civilian government in 1990. But he re- nent human rights movement in the United but with public pressure it is possible that mained commander in chief of the armed States. With Chile as their battle cry, US the hidden story of the US role in Chile, and forces, stepping down from that post only human rights advocates forced the passage of detailed US intelligence documentation on last March. In a farewell ceremony. the old pioneering legislation in Congress mandat- human rights atrocities there, will eventu- general praised the armed forces as ‘‘the sav- ing sanctions on governments that abuse ally be released. ior of democracy’’ in Chile. their citizens—sanctions that were applied ‘‘You shall know the truth and the truth first to the Pinochet regime. [From the Boston Globe, September 13, 1998] shall set you free,’’ reads the Gospel of John ‘‘I hold the strong view that human rights emblazoned in the foyer of CIA’s head- CHILE’S ‘DISAPPEARED’ PAST are not appropriate for discussion in a for- quarters. Indeed, the truth is a right of free- (By Peter Kornbluh) eign policy context,’’ Kissinger told Chile’s dom that both Chilean and US citizens de- [Peter Kornbluh is a senior analyst at the foreign minister in 1975. It is the height of serve. National Security Archive, a Washington, irony that, as a result of US intervention in Chile, public pressure forced future policy D.C., documentation center. Declassified US [From the Miami Herald, Sept. 11, 1998] documents on Chile can be accessed on the makers to incorporate the moral precepts of archive’s website: US democracy at home into the US posture U.S. CRIPPLED CHILE’S DEMOCRACY www.seas.gwu.edunsarchive.] abroad. (By Saul Landau) Twenty-five years ago Friday—on Sept. 11, Yet, despite its historical importance, the 1973—the country that Chilean poet Pablo coup and its aftermath have been institu- [Saul Landau is the Hugh O. La Bounty Neruda once described as ‘‘a long petal of tionally expunged from the national con- Chair of Interdisciplinary Applied Knowledge sea, wine, and snow’’ was transformed from sciousness—in both Chile and the United at California State Polytechnic University, Latin America’s foremost social democracy States. Pomona, and a fellow at the Institute for to the region’s darkest dictatorship. In Chile, observes Isabel Allende, niece of Policy Studies in Washington, D.C. He is the The military takeover of Chile led by Gen- the late president, discussions of events 25 co-author of Assassination on Embassy Row, eral Augusto Pinochet, a name that has years ago are considered ‘‘in really bad the story of the Letelier-Moffitt killings.] since become synonymous with gross viola- taste.’’ The threatening shadow of the still Today is the 25th anniversary of the U.S.- tions of human rights, market the beginning powerful Chilean armed forces, the weakness supported coup in Chile. On Sept. 11, 1973, the of a repressive 17-year regime. During that of civilian rule, and the affluence of free- Chilean military overthrew the elected gov- blighted time, Sept. 11 was designated a na- market capitalism has produced a self-im- ernment of Salvador Allende and established tional holiday. No longer. Today, it is simply posed sociopolitical oblivion to the past. a dictatorship that ruled until 1990. The a day of reflection on the past for many Chil- In the United States, the national scandal United States played a prominent role in eans whose lives were inalterably changed by over the Nixon administration’s effort to these events. the violent coup and its bloody aftermath. overthrow a democratically elected govern- The CIA began to instigate violence in But while many in both Washington and ment is considered ancient history—even as Chile following the September 1970 election Santiago would like to forget those events, the full story of the CIA’s role in the coup, of Allende, who headed a socialist coalition. CONGRESSIONAL RECORD — Extensions of Remarks E1755 ‘‘I don’t see why we need to stand by and Navy vessels appeared off Chile’s coast. U.S. Moffitt. Both victims worked at the Insti- watch a country go communist because of intelligence vessels monitored activity at tute for Policy Studies. the irresponsibility of its own people,’’ Na- Chile’s military bases to notify the coup The FBI discovered that the Chilean dicta- tional Security Adviser Henry Kissinger said makers, should a regiment loyal to the torship had organized a six-country alliance at the time. In testimony before a Senate in- Allende government decide to fight. of secret-police agencies, which provided sur- Allende died in the assault, alongside doz- vestigating committee in 1975, CIA Director veillance on each other’s dissidents and ens of his supporters. Cabinet ministers and Richard Helms told of how President Nixon helped assassinate the most troubling exiled other staff were arrested and thrown into a gave him ‘‘the marshal’s baton’’ to conduct opponents. FBI agents also learned that the concentration camp. No charges were covert activities designed to stop Allende CIA knew considerable detail about this brought against them. from being inaugurated in November 1970. ‘‘Condor Operation.’’ Helms’s covert staff tried to bribe Chile’s Chile’s institutions were destroyed, includ- Congress and its military to deny Allende ing the Congress, the press, and trade unions. In the late 1980s the United States, embar- the presidency. Failing on that front, the Troops burned books deemed subversive. The rassed over Pinochet’s ‘‘excesses,’’ pushed for agency paid an extreme right-wing group to junta began a systematic terror campaign, a referendum to end military rule. Pinochet assassinate Gen. Rene Schneider, Chile’s arresting, torturing, and murdering thou- was defeated, but he forced the civilian gov- chief of staff. When even that murder didn’t sands of ‘‘suspected subversives.’’ A Chilean- ernment to accept him as head of the army succeed in blocking Allende’s inauguration, government agency estimates that the reign until he retired in March of this year. He the CIA began to destabilize his government. of terror between 1973 and 1990 resulted in then became ‘‘senator for life,’’ a post that For three years CIA officials helped insti- the deaths of some 2,300 Chileans. he had arranged for himself. gate strikes in strategic sectors of the econ- Pro-Allende Chileans took refuge abroad, Fortunately, Chile has returned to demo- omy, promoted violence, and initiated smear but even there the long arm of strongman cratic procedures. But 17 years of military campaigns against Allende in the media. Augusto Pinochet’s secret police managed to rule have taken an immeasurable toll on its Washington applied a credit squeeze to make reach them. In September 1976 in Washing- people. Chile’s economy squirm. ton, D.C., Michael Townley, a U.S. national This destabilization campaign had its de- and a bomb expert employed by Chile’s se- How would we Americans feel if another sired effect. Social conflict grew to the point cret police, recruited five anti-Castro Cubans government decided that our voters had ex- where the Chilean military commanders, to help him carry out an assassination. The ercised poor judgment and sent saboteurs to with U.S. encouragement, decided to stage a assassins placed a bomb under the car of Or- undo by force the results of our election? coup. As tanks and aircraft bombarded the lando Letelier, Allende’s former defense min- This is what we did to Chile. We altered its presidential palace on Sept. 11, 1973, U.S. ister. The bomb killed Letelier and Ronni destiny. Thursday, September 17, 1998 Daily Digest

HIGHLIGHTS House and Senate passed H.J. Res. 128, making continuing appropria- tions for FY 1999. House passed H.R. 4569, Foreign Operations Appropriations. Senate S. 2392, to encourage the disclosure and exchange Chamber Action of information about computer processing problems Routine Proceedings, pages S10451–S10549 and related matters in connection with the transition Measures Introduced: Eight bills and two resolu- to the Year 2000, with an amendment in the nature tions were introduced, as follows: S. 2489–2496, and of a substitute. Page S10517 S. Res. 279 and 280. Pages S10517±18 Measures Passed: Measures Reported: Reports were made as follows: Continuing Appropriations: Senate passed H.J. S. 2107, to enhance electronic commerce by pro- Res. 128, making continuing appropriations for the moting the reliability and integrity of commercial fiscal year 1999, clearing the measure for the Presi- transactions through establishing authentication dent. Pages S10499±S10501 standards for electronic communications, with an amendment in the nature of a substitute. (S. Rept. Puerto Rico/U.S.Citizens: Senate agreed to S. No. 105–335) Res. 279, expressing the sense of the Senate support- H.R. 3303, to authorize appropriations for the ing the right of the United States citizens in Puerto Department of Justice for fiscal years 1999, 2000, Rico to express their desires regarding their future and 2001; to authorize appropriations for fiscal years political status. Pages S10501±08 1999 and 2000 to carry out certain programs admin- Indian Health Service Organization: Senate istered by the Department of Justice; to amend title passed S. 1770, to elevate the position of Director 28 of the United States Code with respect to the use of the Indian Health Service within the Department of funds available to the Department of Justice, with of Health and Human Services to Assistant Secretary an amendment in the nature of a substitute. for Indian Health, after agreeing to a committee H.R. 3494, to amend title 18, United States amendment in the nature of a substitute. Code, with respect to violent sex crimes against chil- Pages S10533±34 dren, with an amendment in the nature of a sub- Four Corners Monument Tribal Park: Senate stitute. passed S. 1998, to authorize an interpretive center S. Res. 256, to refer S. 2274 entitled ‘‘A bill for and related visitor facilities within the Four Corners the relief of Richard M. Barlow of Santa Fe, New Monument Tribal Park. Pages S10534±35 Mexico’’ to the chief judge of the United States Court of Federal Claims for a report thereon. Trademark Law Treaty: Senate passed S. 2193, S. 1637, to expedite State review of criminal to implement the provisions of the Trademark Law records of applicants for bail enforcement officer em- Treaty, after agreeing to the following amendment ployment, with an amendment in the nature of a proposed thereto: Pages S10535±36 substitute. Santorum (for Hatch/Leahy) Amendment No. S. 1727, authorize the comprehensive independent 3601, in the nature of a substitute. Pages S10535±36 study of the effects on trademark and intellectual Printing Senate Document: Senate agreed to S. property rights holders of adding new a generic top- Res. 280, directing the printing as a Senate docu- level domains and related dispute resolution proce- ment of a compilation of material entitled ‘‘History dures, with an amendment in the nature of a sub- of the U.S. Senate Agriculture Committee’’. stitute. Page S10536 D994 September 17, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D995 U.S. Policy/Tibet: Senate agreed to S. Con. Res. fusing to renew an extension of credit because the 103, expressing the sense of the Congress in support consumer did not incur finance charges. (By 47 yeas of the recommendations of the International Com- to 52 nays (Vote No. 273), Senate earlier failed to mission of Jurists on Tibet and on United States table the amendment.) Pages S10455±57, S10459±60 policy with regard to Tibet, after agreeing to a com- By a unanimous vote of 89 yeas (Vote No. 276), mittee amendment in the nature of a substitute. Hatch Amendment No. 3600 (to Amendment No. Pages S10536±37 3559), to provide for protection of retirement sav- WIPO Copyright Treaties Implementation Act: ings. Pages S10508±09 Senate passed H.R. 2281, to amend title 17, United Rejected: States Code, to implement the WIPO Copyright D’Amato Amendment No. 3597 (to Amendment Treaty and the WIPO Performances and Phonograms No. 3559), to limit fees charged by financial institu- Treaty, after striking all after the enacting clause and tions for the use of automatic teller machines. (By inserting in lieu thereof the text of S. 2037, as 72 yeas to 26 nays (Vote No. 275), Senate tabled the passed by the Senate. Page S10537 amendment.) Pages S10460±66, S10472±73 Senate insisted on its amendment, requested a Dodd Amendment No. 3598 (to Amendment No. conference with the House thereon, and the Chair 3559), to amend the Truth in Lending Act with re- appointed the following conferees on the part of the spect to extensions of credit to consumers under the Senate: Senators Hatch, Thurmond, and Leahy. age of 21. (By 58 yeas to 40 nays (Vote No. 274), Page S10537 Senate tabled the amendment.) Pages S10466±72 Subsequently, passage of S. 2037 was vitiated and Pending: the bill was indefinitely postponed. Page S10537 Lott (for Grassley/Hatch) Amendment No. 3559, Child Nutrition and WIC Reauthorizations: in the nature of a substitute. Senate passed H.R. 3874, to amend the National Pages S10452, S10455±57, S10459±73 School Lunch Act and the Child Nutrition Act of A unanimous-consent agreement was reached pro- 1966 to provide children with increased access to viding for further consideration of the bill and an food and nutrition assistance, to simplify program amendment to be proposed thereto, on Tuesday, Sep- operations and improve program management, and tember 22, 1998. Page S10455 to extend certain authorities contained in those Acts Partial-Birth Abortion Ban—Veto Message: Sen- through fiscal year 2003, after striking all after the ate began consideration of the veto message accom- enacting clause and inserting in lieu thereof the text panying H.R. 1122, to amend title 18, United of S. 2286, Senate companion measure. States Code, to ban partial-birth abortions. Pages S10537±44 Pages S10474±99, S10509±10 Senate insisted on its amendment, requested a A unanimous-consent agreement was reached pro- conference with the House thereon, and the Chair viding for further consideration of the veto message appointed the following conferees on the part of the on Friday, September 18, 1998, with a vote on the Senate: Senators Lugar, Cochran, McConnell, Harkin, question, ‘‘Shall the bill pass, the objections of the and Leahy. Pages S10538, S10544 President to the contrary notwithstanding’’, to occur Subsequently, S. 2286 was returned to the Senate thereon at 9:30 a.m. Page S10452 Calendar. Page S10538 Child Custody Protection Act: A unanimous-con- Consumer Bankruptcy Reform Act: Senate re- sent agreement was reached providing for consider- sumed consideration of S. 1301, to amend title 11, ation of S. 1645, to amend title 18, United States United States Code, to provide for consumer bank- Code, to prohibit taking minors across State lines to ruptcy protection, with a committee amendment in avoid laws requiring the involvement of parents in the nature of a substitute, taking action on amend- abortion decisions, on Friday, September 18, 1998. ments proposed thereto, as follows: Page S10533 Pages S10452±57, S10459±73, S10508±09 Messages From the President: Senate received the Adopted: following messages from the President of the United Grassley/Durbin Amendment No. 3595 (to States: Amendment No. 3559), relating to credit card dis- Transmitting the report concerning the national claimers, reaffirmation agreements, and miscellaneous emergency with respect to Iran; referred to the Com- bankruptcy changes. Pages S10452, S10509 mittee on Banking, Housing, and Urban Affairs. Subsequently, the amendment was modified by (PM–158). Pages S10515±17 unanimous-consent. Page S10509 Reed Amendment No. 3596 (to Amendment No. Messages From the President: Pages S10515±17 3559), to prohibit creditors from terminating or re- Messages From the House: Page S10517 D996 CONGRESSIONAL RECORD — DAILY DIGEST September 17, 1998

Measures Referred: Page S10517 PARKS/HISTORIC SITES/RECREATION Executive Reports of Committees: Page S10517 Committee on Energy and Natural Resources: Sub- Statements on Introduced Bills: Pages S10518±26 committee on National Parks, Historic Preservation and Recreation concluded hearings on S. 1175, to re- Additional Cosponsors: Pages S10526±27 authorize the Delaware Water Gap National Recre- Amendments Submitted: Page S10527 ation Area Citizen Advisory Commission for 10 ad- Authority for Committees: Pages S10527±28 ditional years, S. 1641, to direct the Secretary of the Interior to study alternatives for establishing a na- Additional Statements: Pages S10528±33 tional historic trail to commemorate and interpret Record Votes: Four record votes were taken today. the history of women’s rights in the United States, (Total—276) Pages S10459, S10472±73, S10509 S. 1960, to allow the National Park Service to ac- Adjournment: Senate convened at 9:30 a.m., and quire certain land for addition to the Wilderness adjourned at 10:21 p.m., until 8:30 a.m., on Friday, Battlefield, as previously authorized by law, by pur- September 18, 1998. (For Senate’s program, see the chase or exchange as well as by donation, S. 2086, remarks of the Acting Majority Leader in today’s to revise the boundaries of the George Washington Record on pages S10544–45.) Birthplace National Monument, S. 2133, to des- ignate former United States Route 66 as ‘‘America’s Main Street’’ and authorize the Secretary of the Inte- Committee Meetings rior to provide assistance, S. 2239, to revise the boundary of Fort Matanzas National Monument, S. (Committees not listed did not meet) 2240, to establish the Adams National Historical Park in the Commonwealth of Massachusetts, S. SATELLITE TECHNOLOGY TRANSFER 2241, to provide for the acquisition of lands for- Committee on Commerce, Science, and Transportation: merly occupied by the Franklin D. Roosevelt family Committee held hearings to examine United States at Hyde Park, New York, and for other purposes, S. policy regarding the transfer of satellite and missile 2246, to amend the Act which established the Fred- technology to China, focusing on United States space erick Law Olmsted National Historic Site, in the infrastructure, receiving testimony from Representa- Commonwealth of Massachusetts, by modifying the tive Weldon; John D. Holum, Acting Under Sec- boundary, S. 2247, to permit the payment of medi- retary of State for International Security Affairs; cal expenses incurred by the U.S. Park Police in the Franklin C. Miller, Principal Deputy Assistant Sec- performance of duty to be made directly by the Na- retary of Defense for Strategy and Threat Reduction; tional Park Service, S. 2248, to allow for waiver and William A. Reinsch, Under Secretary of Commerce indemnification in mutual law enforcement agree- for Export Administration; Katherine V. Schinasi, ments between the National Park Service and a state Associate Director, Defense Acquisitions Issues, Na- or political subdivision, when required by state law, S. 2285, to establish a commission, in honor of the tional Security and International Affairs Division, 150th Anniversary of the Seneca Falls Convention, to General Accounting Office; and Paul Wolfowitz, further protect sites of importance in the historic ef- Paul H. Nitze School of Advanced International forts to secure equal rights for women, S. 2297, to Studies/Johns Hopkins University, Paul Freedenberg, provide for the distribution of certain publications in Baker & Botts, and Henry Sokolski, Nonproliferation units of the National Park System under a sales Policy Education Center, all of Washington, D.C. agreement between the Secretary of the Interior and Hearings were recessed subject to call. a private contractor, S. 2309, to authorize the Sec- retary of the Interior to enter into an agreement for NOMINATIONS the construction and operation of the Gateway Visi- Committee on Energy and Natural Resources: Committee tor Center at Independence National Historical Park, concluded hearings on the nominations of Gregory S. 2401, to authorize the addition of the Paoli Bat- H. Friedman, of Colorado, to be Inspector General, tlefield site in Malvern, Pennsylvania, to Valley and T. J. Glauthier, of California, to be Deputy Sec- Forge National Historical Park, H.R. 2411, to pro- retary, both of the Department of Energy, and vide for a land exchange involving the Cape Cod Charles G. Groat, of Texas, to be Director of the National Seashore and to extend the authority for United States Geological Survey, Department of the the Cape Cod National Seashore Advisory Commis- Interior, after the nominees testified and answered sion, after receiving testimony from Destry Jarvis, questions in their own behalf. Mr. Groat was intro- Assistant Director, External Affairs, National Park duced by Senator Breaux. Service, Department of the Interior. September 17, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D997 FEDERAL BUILDINGS POLICY Carolina, to be United States Circuit Judge for the Committee on Environment and Public Works: Commit- Fourth Circuit, Richard M. Berman, Alvin K. tee concluded hearings on the proposed General Hellerstein, Colleen McMahon, and William H. Services Administration’s Capital Investment and Pauley, III, each to be a United States District Judge Leasing Program request for fiscal year 1999, the for the Southern District of New York, H. Dean proposed Judicial Conference of the United States Buttram, Jr., to be United States District Judge for courthouse construction request for fiscal year 1999, the Northern District of Alabama, Donovan W. and S. 2481, to improve the process of constructing, Frank, to be United States District Judge for the altering, and acquiring public buildings, after receiv- District of Minnesota, Inge Prytz Johnson, to be ing testimony from Robert A. Peck, Commissioner, United States District Judge for the Northern Dis- Public Buildings Service, General Services Adminis- trict of Alabama, Thomas J. Whelan, to be United tration; Judge Norman H. Stahl, United States States District Judge for the Southern District of Court of Appeals for the First Circuit, on behalf of California, Robert Bruce Green, to be United States the Judicial Conference of the United States; A. Attorney for the Eastern District of Oklahoma, Scott Peter Burleigh, Acting United States Representative Richard Lassar, to be United States attorney for the to the United Nations, on behalf of the United Northern District of Illinois, and James A. Tassone, States Mission to the United Nations; Judge Michael to be United States Marshal for the Southern Dis- A. Ponsor, United States District Court for the Dis- trict of Florida; trict of Massachusetts; and Judge B. Avant H.R. 3303, to authorize funds for the Department Edenfield, United States District Court for the of Justice, with an amendment in the nature of a Southern District of Georgia. substitute; S. 2392, to encourage the disclosure and exchange STATE DEPARTMENT OPERATIONS of information about computer processing problems Committee on Foreign Relations: Subcommittee on and related matters in connection with the transition International Operations concluded joint hearings to the Year 2000, with an amendment in the nature with the Committee on the Budget’s International of a substitute; Affairs Task Force to examine management and S. 1727, to authorize the comprehensive inde- budget operations of the Department of State, after pendent study of the effects on trademark and intel- receiving testimony from Bonnie R. Cohen, Under lectual property rights holders of adding new generic Secretary for Management, David G. Carpenter, As- top-level domains and related dispute resolution pro- sistant Secretary for Diplomatic Security, and Patrick cedures, with an amendment in the nature of a sub- Kennedy, Assistant Secretary for Administration, all stitute; of the Department of State; Benjamin F. Nelson, Di- S. 1637, to expedite State review of criminal rector, International Relations and Trade Issues, Na- records of applicants for bail enforcement officer em- tional Security and International Affairs Division, ployment, with an amendment in the nature of a General Accounting Office; and Nicholas A. Rey, substitute; former United States Ambassador to the Republic of H.R. 3494, to amend title 18, United States Poland. Code, with respect to violent sex crimes against chil- NOMINATIONS dren, with an amendment in the nature of a sub- stitute; and Committee on Governmental Affairs: Committee con- cluded hearings on the nominations of Kenneth S. Res. 256, to refer S. 2274 entitled ‘‘A bill for Prewitt, of New York, to be Director of the Census, the relief of Richard M. Barlow of Santa Fe, New Department of Commerce, and Robert M. Walker, Mexico’’ to the chief judge of the United States of Tennessee, to be Deputy Director of the Federal Court of Federal Claims for a report thereon. Emergency Management Agency, after the nominees testified and answered questions in their own behalf. ADVANCES IN TEACHING Mr. Prewitt was introduced by Senator Moynihan, Committee on Labor and Human Resources: Committee and Mr. Walker was introduced by Senator Byrd. concluded hearings to examine the extent of learning disabilities and implications for developing and en- BUSINESS MEETING hancing teacher training opportunities, after receiv- Committee on the Judiciary: Committee ordered favor- ing testimony from M. Susan Burns, Study Director, ably reported the following business items: Committee on the Prevention of Reading Difficulties The nominations of Robert Bruce King, of West in Young Children, National Research Council/Na- Virginia, to be United States Circuit Judge for the tional Academy of Sciences; MacLean Gander, Land- Fourth Circuit, William B. Traxler, Jr., of South mark College, Putney, Vermont; Sally L. Smith, Lab D998 CONGRESSIONAL RECORD — DAILY DIGEST September 17, 1998 School of Washington, Washington, D.C.; and and Exchange Commission; Alan D. Lebowitz, Dep- Kettner Grizwold, Kensington, Maryland. uty Assistant Secretary of Labor for Program Oper- ations/Pension and Welfare Benefits Administration; INTELLIGENCE Matthew P. Fink, Investment Company Institute, Select Committee on Intelligence: On Wednesday, Sep- Washington, D.C.; Donald Kittell, Securities Indus- tember 16, committee held closed hearings on intel- try Association, and James A. Wolf, Corporate Man- ligence matters, receiving testimony from officials of agement Information Systems, on behalf of the the intelligence community. Teachers Insurance and Annuity Association and Committee will meet again on Wednesday, Sep- College Retirement Equities Fund, both of New tember 23. York, New York; Eugene F. Maloney, Federated In- vestors, Pittsburgh, Pennsylvania; Vincent P. Brown, YEAR 2000 READINESS: PENSIONS AND California Public Employees’ Retirement System, MUTUAL FUNDS Sacramento; Bert E. McConnell, Fidelity Invest- Special Committee on the Year 2000 Technology Problem: ments, and John R. Towers, State Street Corpora- Committee concluded hearings to examine the Year tion, both of Boston, Massachusetts; Thomas M. 2000 readiness of the securities industry, focusing on Rowland, Capital Group Companies, Inc., Los Ange- pensions and mutual funds, after receiving testimony les, California; and Michael A. Waterford, DST Sys- from Laura S. Unger, Commissioner, U.S. Securities tems, Inc., Kansas City, Missouri. h House of Representatives for the fiscal year ending September 30, 1999, by a Chamber Action yea and nay vote of 255 yeas to 161 nays, Roll No. Bills Introduced: 7 public bills, H.R. 4590–4596, 449. Pages H7946±H8013 were introduced. Page H8035 Agreed To: Reports Filed: Reports were filed today as follows: The Wolf amendment, numbered 5 and printed in H.R. 4017, to extend certain programs under the H. Rept 105–725, that establishes a National Com- Energy Policy and Conservation Act and the Energy mission on Terrorism to examine national counter- Conservation and Production Act, amended (H. terrorism policies and recommend ways to be more effective in protecting Americans; Pages H7977±78 Rept. 105–727); The Porter amendment, numbered 32 and printed Report on the Refusal of Attorney General Janet in the Congressional Record, that strikes section 579 Reno to Produce Documents Subpoenaed by the which repeals section 907 of the FREEDOM Support Government Reform and Oversight Committee (H. Act prohibiting direct U.S. government assistance to Rept. 105–728); and Azerbaijan (agreed to by a recorded vote of 231 ayes H. Res. 544, providing for consideration of mo- to 182 noes, Roll No. 447); Pages H7985±H8000 tions to suspend the rules (H. Rept. 105–729). The Tiahrt amendment, numbered 1 and printed Page H8035 in H. Rept. 105–725, that specifies the definition of Guest Chaplain: The prayer was offered by the ‘‘voluntary family planning project’’ and establishes guest Chaplain, Rev. Thomas Pappalas of Reading, criteria for the voluntary family planning projects Pennsylvania. Page H7925 supported by U.S. financial aid; Pages H8001±04, H8012 Continuing Resolution: The House passed H.J. The Livingston amendment, numbered 4 and Res. 128, making continuing appropriations for the printed in House Report 105–725, that deletes the contingency funding authority in section 451 of the fiscal year 1999, by a yea and nay vote of 421 yeas Foreign Assistance Act and reduces by $15 million with none voting ‘‘nay’’, Roll No. 445. the authority of section 614 of the Foreign Assist- Pages H7931±37 ance Act; Pages H8004±05 H. Res. 541, the rule that provided for consider- Rejected: ation of the joint resolution, was agreed to earlier by The Kennedy of Massachusetts substitute amend- voice vote. Pages H7930±31 ment to the Torres amendment that eliminates fund- Foreign Operations Appropriations: The House ing for the School of the Americas (rejected by a re- passed H.R. 4569, making appropriations for foreign corded vote of 201 ayes to 212 noes), Roll No. 448; operations, export financing, and related programs and Pages H8008±12 September 17, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D999 The Torres amendment, numbered 17 and printed man D’Amours, Chairman, National Credit Union in the Congressional Record, that decreases funding Administration; and public witnesses. for the Economic Support Fund by $14 million and decreases International Military Education and Train- MISCELLANEOUS MEASURES ing by $1.4 million. Pages H8005±13 Committee on Commerce: Subcommittee on Energy and Points of Order sustained against: Power approved for full Committee action the fol- The Pelosi amendment, numbered 28 and printed lowing bills; H.R. 3610, amended, National Oilheat in the Congressional Record, that increases the U.S. Research Alliance Act of 1998; and H.R. 4081, to quota in the International Monetary Fund, the dollar extend the deadline under the Federal Power Act ap- equivalent of 10,622,500,000 Special Drawing plicable to the construction of a hydroelectic project Rights, to remain available until expended; and in the State of Arkansas. Pages H7978±85 PORTALS INVESTIGATION The Torres amendment, numbered 19 and printed in the Congressional Record, that prohibits any Committee on Commerce: Subcommittee on Oversight funding to be used for programs at the United States and Investigations continued hearings on the cir- Army School of the Americas located at Fort cumstances surrounding the FCC’s planned reloca- Benning, Georgia. Page H8001 tion to the Portals, including the efforts of Franklin H. Res. 542, the rule that provided for consider- L. Haney and his representatives with respect to this ation of the bill, was agreed to by a yea and nay vote matter and the circumstances surrounding the pay- of 229 yeas to 188 nays, Roll No. 446. ments of fees to those representatives. Testimony was Pages H7937±45 heard from current or former employees of the fol- lowing law firms: Wunder, Diefenderfer, Cannon Dollars to the Classroom Act: The House agreed and Thelen or Wunder, Knight, Levine, Thelen and to H. Res. 543, the rule that is providing for consid- Forscey. eration of H.R. 3248, to provide dollars to the class- room by a voice vote. Pages H8013±17 CHILD ONLINE PROTECTION ACT Presidential Message—National Emergency Re Committee on Commerce: Subcommittee on Tele- Iran: Read a message from the President wherein he communications, Trade, and Consumer Protection submitted his report to Congress on developments approved for full Committee action amended H.R. concerning the national emergency with respect to 3783, Child Online Protection Act. Iran—referred to the Committee on International YEAR 2000 PROBLEM—LABOR AND Relations and ordered printed (H. Doc. 105–312). EDUCATION DEPARTMENTS Pages H8017±19 Committee on Education and the Workforce: Subcommit- Amendments: Amendments ordered printed pursu- tee on Oversight and Investigations held a hearing ant to the rule appear on page H8035. on the Review of the Management of the Year 2000 Quorum Calls—Votes: Three yea and nay votes and Problem by the Department of Labor and the De- two recorded votes developed during the proceedings partment of Education. Testimony was heard from of the House today and appear on pages H7936–37, Marshal Smith, Deputy Secretary, Department of H7945, H8000, H8012, and H8013. There were no Education; the following officials of the Department quorum calls. of Labor: James E. McMullen, Deputy Assistant Sec- Adjournment: The House met at 10:00 a.m. and retary, Administration and Management; and Patri- adjourned at 11:00 p.m. cia A. Dalton, Deputy Inspector General; Joel Willemssen, Director, Information Resources Man- agement, Accounting and Information Management Committee Meetings Division, GAO; and public witnesses. YEAR 2000 PREPARATIONS 2000 CENSUS OVERSIGHT Committee on Banking and Financial Services: Held a Committee on Government Reform and Oversight: Sub- hearing on Preparing for the Year 2000: Financial committee on Census held a hearing on ‘‘Oversight Institutions, Customers, Telecommunications, and of the 2000 Census: Serious Problems with Statis- Power. Testimony was heard from Edward W. tical Adjustment Remain’’. Testimony was heard Kelley, Jr., member, Board of Governors, Federal from public witnesses. Reserve System; the following officials of the Depart- ment of the Treasury: Julie Williams, Acting Comp- NATIONAL ID CARD troller; and Ellen Seidman, Director, Office of Thrift Committee on Government Reform and Oversight: Sub- Supervision; Donna Tanoue, Chairman, FDIC; Nor- committee on National Economic Growth, Natural D1000 CONGRESSIONAL RECORD — DAILY DIGEST September 17, 1998 Resources, and Regulatory Affairs held a hearing on OVERSIGHT—FOREST SERVICE ‘‘A National ID Card: Big Government at its Worst Committee on Resources: Subcommittee on Forests and or Technological Efficiency?’’ Testimony was heard Forest Health held an oversight hearing on Forest from Brian Flaherty, member, House of Representa- Service—Backcountry Airstrip Management. Testi- tives, State of Connecticut; Richard D. Holcomb, mony was heard from David Alexander, Supervisor, Commissioner, Department of Motor Vehicles, State Payette National Forest, Forest Service, USDA; Bart of Virginia; and public witnesses. Welsh, Administrator, Division of Aeronautics, State of Idaho; and public witnesses. U.S. AND RUSSIA; RUSSIA IN CRISIS STANDING RULES OF THE HOUSE— Committee on International Relations: Concluded hear- AMENDMENT PROPOSALS ings on the United States and Russia, Part II: Russia in Crisis. Testimony was heard from Lawrence Sum- Committee on Rules: Held a hearing on proposals to mers, Deputy Secretary, Department of the Treasury; amend the standing rules of the House. Testimony Strobe Talbott, Deputy Secretary, Department of was heard from Chairman Solomon; Representatives State; George P. Shultz, former Secretary of State; Shaw, Morella, Paul, Davis of Virginia, Hostettler, and public witnesses. Tiahrt, Danner, Norton, Menendez and Weygand. SUSPENSION OF THE RULES INDEPENDENT COUNSEL COMMUNICATION—RELEASE OF CERTAIN Committee on Rules: Granted, by voice vote, a rule DOCUMENTS, RECORDS, AND MATERIALS providing that suspensions will be in order on Wednesday, September 23, 1998. Any matter to be Committee on the Judiciary: Met in executive session to considered under suspension will be announced from begin consideration of the release of certain docu- the House floor at least two hours prior to consider- ments, records, and materials received by the Com- ation. The rule provides that the Speaker or his des- mittee from the Independent Counsel on September ignee will consult with the Minority Leader or his 9, 1998. designee on any suspension considered under this Will continue tomorrow. resolution. NO SECOND CHANCES FOR MURDERERS, OVERSIGHT—INDUSTRIAL RAPISTS, OR CHILD MOLESTERS ACT BIOTECHNOLOGY Committee on the Judiciary: Subcommittee on Crime Committee on Science: Subcommittee on Technology held a hearing on H.R. 4258, No Second Chances held an oversight hearing on Industrial Bio- for Murderers, Rapists, or Child Molesters Act of technology: A Solution for the Future? Testimony 1998. Testimony was heard from Representative was heard from public witnesses. Salmon; and public witnesses. RAILROAD RETIREMENT TIER II BENEFITS MISCELLANEOUS MEASURES Committee on Transportation and Infrastructure: Sub- committee on Railroads held a hearing on H. Con. Committee on Resources: Subcommittee on Fisheries Res. 52, urging that the railroad industry, including Conservation, Wildlife and Oceans approved for full rail labor, management and retiree organizations, Committee action H.R. 4337, to authorize the Sec- open discussions for adequately funding an amend- retary of the Interior to provide financial assistance ment to the Railroad Retirement Act of 1974 to to the State of Maryland for a pilot program to de- modify the guaranteed minimum benefit for widows velop measures to eradicate or control nutria and re- and widowers whose annuities are converted from a store marshland damaged by nutria. spouse to a widow or widower annuity. Testimony The Subcommittee also held a hearing on the fol- was heard from the following officials of the Rail- lowing bills: H.R. 2304, to direct the Secretary of road Retirement Board: Jerome F. Kever, Manage- the Interior to make technical corrections to a map ment Member; David Lucci, Counsel to the Labor relating to the Coastal Barrier Resources System; and Member; and Cherryl T. Thomas, Chair; and public H.R. 4248, Migratory Bird Hunting and Conserva- witnesses. tion Stamp Promotion Act; and H.R. 4517, Neotropical Migratory Bird Habitat Enhancement ESTABLISH PROTECT SOCIAL SECURITY Act. Testimony was heard from Representative ACCOUNT; TAXPAYER RELIEF ACT Cunningham; Daniel M. Ashe, Assistant Director, Committee on Ways and Means: Ordered reported Refuges and Wildlife, U. S. Fish and Wildlife Serv- amended the following bills: H.R. 4578, to amend ice, Department of the Interior; and public wit- the Social Security Act to establish the Protect Social nesses. Security Account into which the Secretary of the September 17, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1001 Treasury shall deposit budget surpluses until a re- Committee on the Judiciary, executive, to continue consid- form measure is enacted to ensure the long-term sol- eration of the release of certain documents, records, and vency of the OASDI trust funds; and H.R. 4579, materials received by the Committee from the Independ- Taxpayer Relief Act of 1998. ent Counsel on September 9, 1998, 9:30 a.m., 2237 Ray- burn. f Committee on Ways and Means, to mark up the following bills: H.R. 4558, Welfare, Noncitizen, and Unemploy- COMMITTEE MEETINGS FOR FRIDAY, ment Insurance Technical Amendments Act of 1998; SEPTEMBER 18, 1998 H.R. 4377, to amend title XVIII of the Social Security Act to expand the membership of the Medicare Payment Senate Advisory Commission to 17; H.R. 3511, to amend title No meetings are scheduled. XI of the Social Security Act to authorize the Secretary of Health and Human Services to provide additional ex- House ceptions to the imposition of civil money penalties in Committee on Commerce, Subcommittee on Health and cases of payments to beneficiaries; and H.R. 4567, Medi- Environment, hearing on The State Children’s Health In- care Home Health Care Interim Payment System Refine- surance Program: A Progress Report, 10 a.m., 2322 Ray- ment Act of 1998, 10 a.m., 1100 Longworth. burn. Select Committee on U.S. National Security and Mili- Subcommittee on Telecommunications, Trade, and tary/Commercial Concerns with the People’s Republic of Consumer Protection, hearing on Spectrum Management China, executive, to consider pending business, 8 Oversight, 10 a.m., 2123 Rayburn. a.m., H–122 Capitol. D1002 CONGRESSIONAL RECORD — DAILY DIGEST September 17, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 8:30 a.m., Friday, September 18 9 a.m., Friday, September 18

Senate Chamber House Chamber Program for Friday: Senate will resume consideration of Program for Friday: Consideration of H. Res. 544, pro- the veto message to accompany H.R. 1122, Partial-Birth viding for consideration of suspensions; and Abortion Ban, with a vote to occur thereon, following Consideration of H.R. 3248, Dollars to the Classroom which Senate will consider S. 1645, Child Custody Pro- Act (structured rule, 1 hour of general debate). tection Act.

Extensions of Remarks, as inserted in this issue

HOUSE Hoyer, Steny H., Md. E1745 Packard, Ron, Calif., E1750 Jackson-Lee, Sheila, Tex., E1748 Radanovich, George P., Calif., E1743 Andrews, Robert E., N.J., E1747 Johnson, Eddie Bernice, Tex., E1746 Rahall, Nick J., II, West Va., E1748 Barcia, James A., Mich., E1747, E1749, E1750, E1752 Kucinich, Dennis J., Ohio, E1748 Rivers, Lynn N., Mich., E1744 Crane, Philip M., Ill., E1750 Lewis, Jerry, Calif., E1747, E1749 Roybal-Allard, Lucille, Calif., E1749 Crapo, Michael D., Idaho, E1744, E1750 LoBiondo, Frank A., N.J., E1744 Schaffer, Bob, Colo., E1750 Doolittle, John T., Calif., E1751 Menendez, Robert, N.J., E1748 Serrano, Jose´ E., N.Y., E1747, E1748, E1750, E1752 Ganske, Greg, Iowa, E1745 Miller, George, Calif., E1753 Stark, Fortney Pete, Calif., E1751 Gillmor, Paul E., Ohio, E1743 Nadler, Jerrold, N.Y., E1744 Underwood, Robert A., Guam, E1745 Gilman, Benjamin A., N.Y., E1749 Neal, Richard E., Mass., E1745, E1746 Vento, Bruce F., Minn., E1746 Hamilton, Lee H., Ind., E1743 Ney, Robert W., Ohio, E1745

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