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

Vol. 143 WASHINGTON, TUESDAY, APRIL 8, 1997 No. 40 House of Representatives The House met at 12:30 p.m. cents per 25-pound container would be ico. Given the disgustingly filthy con- f imposed. ditions on many Mexican farms, this Unfortunately, Mr. Speaker, thanks sort of incident should come as no sur- MORNING HOUR DEBATES to the drastic devaluation of the peso prise to anyone. Daily, thousands of The SPEAKER. Pursuant to the this tariff has been rendered entirely trucks enter our country from Mexico order of the House of May 12, 1995, the useless. Given the devaluation of the and our customs agents, border guards, Chair will now recognize Members from peso, Mexican growers have enormous and Food and Drug Administration of- lists submitted by the majority and incentive to sell as much of their prod- ficials make only token efforts to in- minority leaders for morning hour de- uct in America as they possibly can, spect the produce flooding in from bates. The Chair will alternate recogni- and the so-called safeguard tariff provi- Mexico. tion between the parties, with each sions have done absolutely nothing to So under NAFTA as it is now being party limited to not to exceed 30 min- stop the flood of Mexican produce into implemented, American consumers are utes, and each Member except the ma- the United States market. jority and minority leaders limited to Second, protection for U.S. growers being exposed to unsafe produce and not to exceed 5 minutes. was promised through a clause placed American farmers are denied the pro- The Chair recognizes the gentleman in the NAFTA implementation bill tection against unfair competition they were promised. from Florida [Mr. CANADY] for 5 min- which allowed U.S. vegetable growers utes. to seek provisional relief from sus- To add insult to injury, the Mexican f pected dumping actions through adju- Government has been blocking the im- dication from the International Trade portation of American agricultural UNFAIR TREATMENT OF U.S. Commission. Unfortunately, as we all products into Mexico. Presently, the AGRICULTURAL PRODUCERS know, the ITC not only refused to con- Mexican Government has in place so- Mr. CANADY of Florida. Mr. Speak- sider Florida growers’ concerns, but it called sanitary and phytosanitary re- er, I rise today to bring to the House’s also failed to conduct the monitoring strictions on the importation of our attention a very serious matter faced of trade conditions that it was man- fruits and vegetables. It has taken 3 by fruit and vegetable growers not only dated to do. years for the cherry producers in Or- in my district, but also throughout the Once again the promise of a mecha- egon and northern California to get country. nism to ensure equitable treatment of these restrictions lifted on their crop, When NAFTA was enacted 3 years U.S. growers proved to be nothing but but despite our best efforts we have ago, its leading proponents promised an illusion. This unfair treatment of seen no movement on Florida fruit and the new golden age of expanding trade U.S. agricultural producers is very vegetable imports into Mexico. opportunities with vast new markets troubling, but the problems with Why can Mexican agricultural prod- for U.S. businesses to tap into, creating NAFTA go beyond the injustices done ucts enter the United States with great new jobs and capital and investment in to America’s farmers. our economy. When I and many other The problems with NAFTA pose a di- ease while citrus produced in Florida members of the Florida congressional rect threat to the health and well- cannot be sold in Mexico? It makes no delegation raised concerns with the ad- being of Americans who consume prod- sense. It cannot be justified, and it is ministration regarding the potentially ucts imported from Mexico. Mexican time for it to end. adverse impact that NAFTA would agricultural products are grown in cir- Mr. Speaker, the deal we are getting have on our State’s fruit and winter cumstances that fall far below the under NAFTA is not the deal that we vegetable growers, we were told not to standards that American growers are were promised in 1993. This is not a worry, our farmers would be protected. required to meet under Federal and level playing field. NAFTA must be Here are two examples of the protec- State laws. The production and har- made to work for everyone, for all of tion promised to our farmers during vesting of much Mexican produce takes our industries, not just a select few, the debate over NAFTA’s enactment: place under conditions that can only be and in this fight we need the support of First, Mexican tomato imports were described as unsanitary and unsafe. Congress and the administration. As placed under a tariff rate quota, which Last week the news was filled with Congress begins the debate over fast- would be phased out 10 years after en- stories about the schoolchildren track negotiations and the accession of actment. Under this provision, if im- around the country who apparently Chile to NAFTA, we must ensure that ports exceeded a certain amount during contracted hepatitis A because they the interest of all Americans are pro- a fixed period of time, a tariff of 25 consumed strawberries grown in Mex- tected.

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.

H1291 H1292 CONGRESSIONAL RECORD — HOUSE April 8, 1997 RECENT FEDERAL RESERVE OPEN We just heard a previous speaker issue so it can be debated as it ought to MARKET COMMITTEE DECISIONS complain about NAFTA. Trade is a be in a democratic society. RAISE SERIOUS QUESTIONS very controversial issue in this coun- f try. There are many who believe that The SPEAKER pro tempore (Mr. THE SAFE ACT THORNBERRY). Under the Speaker’s an- we ought to be increasing international nounced policy of January 21, 1997, the trade, but increasing international The SPEAKER pro tempore. Under gentleman from Massachusetts [Mr. trade creates both winners and losers the Speaker’s announced policy of Jan- FRANK] is recognized during morning in America. An economy which is uary 21, 1997, the gentlewoman from hour debates for 5 minutes. growing, an economy in which new jobs Maryland [Mrs. MORELLA] is recognized Mr. FRANK of Massachusetts. Mr. are being created is better able to deal during morning hour debates for 2 min- Speaker, the recent decision by the with the transitions of international utes. Federal Reserve Open Market Commit- trade. By clamping down on growth, by Mrs. MORELLA. Mr. Speaker. I am tee to raise interest rates in itself announcing that America simply will pleased to be joining my colleagues, raises two very serious questions, one not be allowed to grow as rapidly as it the gentleman from New York [Mr. substantive and one procedural. The has been growing because of his fear of ACKERMAN] and the gentlewoman from substantive question is will America be an inflation which he acknowledges he New York [Mrs. MCCARTHY], in intro- permitted to grow economically at a cannot yet point to, Mr. Greenspan not ducing the Stop Arming Felons Act rate sufficient to overcome some of our only cuts out the benefit of that today. Today we will introduce it. most pressing social problems or will growth but exacerbates other prob- Current law bans convicted felons the Federal Reserve be allowed to snuff lems. from owning firearms. However, felons out that growth? And that is also the We have a dispute over how deeply may upon release from prison petition procedural question, because we have a we have to cut important programs to the Bureau of Alcohol, Tobacco and nonelected body consisting of seven reach a balanced budget. Those dis- Firearms to restore their gun owner- members who were at least appointed putes turn in part on differing esti- ship rights. by the President and confirmed by the mates between the Congressional Budg- Congress acted in 1992 to rein in this Senate and four others, regional bank et Office and the Office of Management program by denying it funds. There- presidents who are officers of private and Budget about the rate of growth. fore, no funds have been appropriated corporations in effect, the Federal re- Again Mr. Greenspan has just said to since then. However, the appeals proce- gional banks, making the single most us there will be less growth, there will dure itself has been maintained in law. important economic judgment that therefore be less revenue and the pain- Consequently, convicted felons are by- will be made in America this year, and ful decisions involved in getting the passing the ATF by going directly to that simply cannot be allowed to go deficit to zero by 2002 will become more the courts for relief. forward. painful. The Stop Arming Felons Act, or we Alan Greenspan is a man of good will, There is a legitimate question for can call it the SAFE Act, using the ac- and he is doing what he thinks is right. this country as to what risks we want. ronym, will help to put a stop to this But what he thinks right strikes many Many of us believe that a combination abuse of the court system and the eva- of us as profoundly wrong. When Mr. of trends have made it possible for us sion of the will of Congress and the Greenspan testified before the House to grow more rapidly than in the past Committee on Banking and Financial people. The SAFE Act will perma- without inflation. Mr. Greenspan and nently prohibit felons convicted of vio- Services we asked him, several of us, some of his colleagues in the central whether there was any evidence of in- lent crimes from applying for restora- bank apparatus believe that the risks flation given the growth that we have tion of gun rights, making clear to the of inflation are so great that they do seen in recent years. His answer can- courts that their appeals may not be not want to find out whether or not didly was no. I asked him if he did not considered. that is true. They have decided we will agree that he had in fact himself been So I urge my colleagues to join me in too pessimistic in his analysis of the not continue to see how long we can supporting this SAFE Act. ability of the economy to grow without grow without inflation actually aris- f generating inflation. He admitted that ing. He did what he said was a preemp- tive strike, but which looked to many NEED FOR APPOINTMENT OF he had been too pessimistic, he has INDEPENDENT COUNSEL been wrong over these past years. of us like a self-fulfilling prophecy. Not We reached a level of unemployment only is that wrong it seems to be sub- The SPEAKER pro tempore. Under far lower than what Mr. Greenspan and stantively, but from the standpoint of the Speaker’s announced policy of Jan- others of the Federal Reserve thought democracy that is not a decision that a uary 21, 1997, the gentleman from Indi- we could reach without triggering in- handful of appointed officials and pri- ana [Mr. BUYER] is recognized during flation; the inflation did not come. Mr. vate bank officials ought to make. morning hour debates for 5 minutes. Greenspan decided nevertheless, with So I will be working with many of Mr. BUYER. Mr. Speaker, I come to the support of the others on that com- my colleagues to ask this body through the House floor; I do not come here mittee, to raise interest rates to slow its Committee on Banking and Finan- often, but I come with very deep con- down growth. In other words, Mr. cial Services, through other commit- cern. A majority of the majority party Greenspan has told us we are creating tees and through the floor itself to ad- Members of the U.S. House of Rep- too many jobs in America. Many of us dress this issue: the question of what resentatives Committee on the Judici- of course feel that our problem has degree of growth we will strive for. The ary sent a letter to the U.S. Attorney been that we have not created enough question of when we will choke off General Janet Reno. The letter that we jobs. growth because of an anticipation of sent was pursuant to section 592(g) of We made a decision last year; I did inflation that has not yet appeared title 28, United States Code, that she not agree with it, but the country must not be left to a handful of bank- apply for the appointment of an inde- made it, to make drastic changes in ers or a handful of any other appointed pendent counsel to investigate the fol- the welfare system. Everyone agrees officials. It must be done through the lowing matters: that that will work only if the people democratic process. b who have been on welfare are able to be The possibility that America can in- 1245 absorbed into the work force. Mr. crease the rate of growth that is non- The illegal contributions to the Greenspan and his colleagues have just inflationary, which has appeared to Democratic National Committee in taken a step which will make it very many of us to be more and more likely connection with the 1996 elections. much more difficult. Obviously, the over the past few years, cannot be No. 2, the attempted influence of the people on welfare are among the last to snuffed out this easily, and I hope, 1996 elections by foreign countries, for- be hired. They are people with skill de- through a variety of means, that we eign corporations, or persons rep- ficiencies and other problems. An econ- will be allowed to bring to the floor of resenting such entities; and, No. 3, the omy which is not growing rapidly sim- this House, before the Federal Open improper fundraising conduct or prac- ply will not assimilate them. Market Committee meets again, this tices by administration officials, the April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1293 Democratic National Committee, or in- Mr. Speaker, the reason that the about them. But good people die to pro- dividuals working on behalf of the Committee on the Judiciary had asked tect secret information, and if the committee in connection with the 1996 for the special counsel deals with the Clinton administration truly dis- elections. outright admissions by the Vice Presi- regarded all this just to avoid a bad We believe that section 591(c) of the dent, AL GORE, and Ms. Margaret Wil- headline in the next morning’s paper, Independent Counsel Act necessitates liams having admitted engaging in it is even worse than anything that we that Attorney General Janet Reno seek fundraising activities, the propriety of have heard yet. the appointment of independent coun- which is being questioned by many But I think the bigger question is, sel in reference to the matters which I within the White House itself. I have when will it end? Every day, every just listed. Accordingly, per section heard in their defense even the Vice week there is something new. When 591(c), the Attorney General has been President would say, well, there is no will this administration level with the authorized to initiate the preliminary controlling legal authority, some kind American people? When will the Presi- investigation which is defined by the of a lawyerly type of language that dent of the United States stand before act and is distinct from the Depart- only lawyers can understand. But when the American people and tell them the ment’s current investigations into the you pull out Title XVIII of the U.S. truth about what has happened in his matters. Code it is very clear, and it being very administration over the last 4-plus We also believe that it is very clear clear for people that anywhere can un- years? that the matters referred to are an ob- derstand in America, that fundraising When will the President stand before vious political conflict of interest for activity is not permitted in Federal the American people and tell them the the Attorney General and other politi- buildings. truth about the travel office firings of cal appointees within the Department So whether it is out of my congres- seven civil service employees at the of Justice. sional office, whether it is out of a sen- White House? When will the President I am well aware that she has held at atorial office, whether it is a Cabinet stand before the American people and bay those of us who have been asking member or the President of the United tell them the truth about Whitewater? for the appointment of special counsel States, it is wrong, and Janet Reno as When will he tell them the truth about by saying that there is not sufficient the Attorney General of the United how 900 FBI files found their way into credible evidence. I am not so certain States, we seek your appointment with the White House, and more impor- how much more credible evidence she due speed. tantly, what was done with that infor- needs. f mation? Often the Washington Post it seems Why will the President not stand up gets cited here on the House floor, not CLINTON ADMINISTRATION and tell us about Webster Hubbell and by Republicans but by Democrats on SHOULD COME FORWARD WITH the $400,000-plus that was paid to him the House floor, and here we have now ANSWERS after he resigned his administration Bob Woodward, who gained national at- The SPEAKER pro tempore. Under position with disgrace, and before he tention with regard to President Nixon the Speaker’s announced policy of Jan- went to jail and were hired by friends some years ago, is now talking about uary 21, 1997, the gentleman from Ohio of the President? Why will the Presi- allegations that the White House sup- [Mr. BOEHNER] is recognized during dent not tell us about the orchestrated plied top secret intelligence informa- morning hour debates for 5 minutes. effort to subvert American laws about tion to the Democratic National Com- Mr. BOEHNER. Mr. Speaker and my campaign finance and bring foreign mittee to keep a Latvian businessman colleagues, a week ago I did not think money into our campaign system? How with alleged ties to organized crime, the allegations about the Clinton ad- about White House coffees that were international crime, from attending a ministration’s ethics could sink any used for fundraising purposes, phone $25,000 fundraiser with President Clin- lower. I thought the stories about top calls by the President and others from ton. administration officials arranging hun- the White House to raise money to sys- Mr. Speaker, I do not believe anyone dreds of thousands of dollars worth of tematically try to buy the last elec- in this country has a problem with the no-show jobs for Webster Hubbell in an tion? National Security Agency advising the effort to buy his silence about The American people have a right to President with regard to an individual, Whitewater was the worst we could know what happens in their Govern- whether they should or should not be ever hear about an administration, ment. They have a right to know what at a Presidential dinner. It is part of much less this one. happens in their White House. I think their job. What is distressing, though, However, with this bunch, if we want the American people want to have con- is when the National Security Agency to be stung by new news of sleazy eth- fidence that the person they selected as leaks top secret, classified information ics, all we have to do is wait another President of the United States is will- to political operatives, that being that day. Sure enough, now Bob Woodward ing to stand before them and tell them our intelligence architecture was mon- of Watergate fame is writing in today’s the truth about what has happened in itoring the international calls of this Washington Post about the Clinton ad- his administration. alleged organized crime individual and ministration’s use of top secret infor- Mr. Speaker and my colleagues, I syndicate, and the fact that that intel- mation from the CIA for political pur- think the American people are getting ligence was leaked to someone who did poses. impatient. They want to know the not have a right to know, who did not According to this morning’s Wash- truth and they want to know it now. have a security clearance, is a breach ington Post, Bob Woodward said that f of our security at the highest levels the White House supplied top secret in- within the White House. formation to the Democratic National NEUTRAL MATERIALS FOR MEDI- Why was that done? It was informa- Committee to block a Latvian busi- CAL DEVICES SHOULD BE AB- tion that was leaked and it was done nessman with alleged ties to organized SOLVED FROM LIABILITY under this guise, under the pressures of crime from attending a $25,000-per-per- The SPEAKER pro tempore. Under political fundraising. As a matter of son fundraising dinner with President the Speaker’s announced policy of Jan- fact, to quote out of this article, I Clinton, according to Government offi- uary 21, 1997 the gentleman from Penn- guess quoting whomever Bob Wood- cials and other sources. sylvania [Mr. GEKAS] is recognized dur- ward is using for his intelligence to Now, let me say this about top secret ing morning hour debates for 5 min- write this article, he quotes a White information. There is a reason that it utes. House senior official that the informa- is top secret. Maybe it is the risk of Mr. GEKAS. Mr. Speaker and Mem- tion that was leaked was top secret and blowing the cover of agents who risk bers of the House, there are some 7.5 it further demonstrates the total their lives getting valuable informa- million fellow Americans who at this politicalization of all intelligence and tion for our Government. Maybe it is very moment are alive or are living a White House operations, anything and to keep the bad guys, like inter- little better because in their bodies everything was done in the name of national drug dealers and terrorists, there is implanted a medical device fundraising at the White House. from finding out about how we learn that has helped to cure a particular H1294 CONGRESSIONAL RECORD — HOUSE April 8, 1997 malady that is suffered by that individ- multimillion dollar lawsuits, and thus last day’s proceedings and announces ual. We are talking about brain shunts, give them incentive to continue to sup- to the House his approval thereof. heart valves, pacemakers, artificial ply these materials to the medical de- Pursuant to clause 1, rule I, the Jour- hearts, knee implants, hip; we know vice companies. nal stands approved. the whole list of new and wondrous de- What happened last year, we passed f vices that have been developed over the such a bill, we passed a products liabil- last several years and which now be- ity bill that contained some other fea- PLEDGE OF ALLEGIANCE come almost routine in the lifesaving tures of the same type, and the Presi- The SPEAKER pro tempore. Will the capacity in which they find them- dent vetoed it. We were stunned be- gentleman from Ohio [Mr. TRAFICANT] selves. cause we had received signals from the come forward and lead the House in the Mr. Speaker, we have run into a seri- White House that indeed he was going Pledge of Allegiance. ous problem which we have tried to ad- to sign this bill, that he is in favor of Mr. TRAFICANT led the Pledge of dress both in the last Congress, and those kinds of concepts, yet he vetoed Allegiance as follows: now we are going to attempt again to it. We were not able to muster enough I pledge allegiance to the Flag of the do so. We came across a situation votes then to override the veto, so we United States of America, and to the Repub- which is very serious. A supplier of ma- have to try again this session. lic for which it stands, one nation under God, terials to a company, let us say, that What startled me about the veto, Mr. indivisible, with liberty and justice for all. makes brain shunts, the supplier sends Speaker and Members, was this: that f when the President signed the welfare a little piece of wood, sells a little REQUEST FOR PERMISSION FOR bill, he said there is a lot wrong with piece of wood to this brain shunt com- SPEAKER TO ENTERTAIN MO- it, and he went on to outline how many pany. I am just doing a hypothetical. TIONS TO SUSPEND THE RULES things were wrong with the welfare The brain shunt company takes this ON WEDNESDAY, APRIL 9, 1997 little piece of wood that is innocuous bill, but he said there are enough good and neutral in its application and uses things in it that I am going to sign it Mr. SOLOMON. Mr. Speaker, I ask it as a component part of the brain and we will fix it later, or words to unanimous consent that on tomorrow, shunt. that effect. But on this lifesaving Wednesday, April 9, 1997, the Speaker Now, something once in a while may measure that we presented, which if he be authorized to entertain motions to go wrong with the brain shunt and the found flaws in it he could easily have suspend the rules and agree to the fol- person who is hurt by it, if it happens said, I will sign it and we will take care lowing bills: that way, will sue not just the doctor, of what I think is wrong with it later, H.R. 240, the Veterans Employment not just the hospital, not just the de- but he failed to do that and vetoed the Opportunities Act of 1997; and H.R. 757, vice-maker, not just the scientist who whole concept. the American Samoa Development Act developed this brain shunt, but also the We are going to try again to convince of 1997. supplier way back here in the chain of the President with massive public opin- The SPEAKER pro tempore. Is there events who supplied a little piece of ion and understanding of this issue, objection to the request of the gen- material that had nothing to do with and we hope to prevail. tleman from New York? whether or not the medical device f Mr. MILLER of California. Reserving the right to object, Mr. Speaker, I re- worked. In other words, this company RECESS was supplying this wood to thousands serve the right to object because I of different companies for thousands of The SPEAKER pro tempore. Pursu- think that the schedule that once different things; it is just that innoc- ant to clause 12 of rule I, the House again the House is witnessing this uous, neutral item of material. stands in recess until 2 p.m. week, in light of some very important So now what do we have? We have Accordingly (at 12 o’clock and 59 problems that are pressing for the Na- this scenario whereby a multimillion minutes p.m.), the House stood in re- tion and for this institution, first and dollar suit is launched against this sup- cess until 2 p.m.) foremost being campaign finance re- plier back here of the wood particle, f form and, second, obviously for the the little bitty part that went into this AFTER RECESS people we represent, the health care coverage for children, I object to that medical device. What has that caused? The recess having expired, the House request. These companies have to defend these was called to order by the Speaker pro Mr. SOLOMON. Mr. Speaker, would suits and they spend millions of dollars tempore [Mr. GOODLATTE] at 2 p.m. the gentleman yield? defending them, and in every single f case they have been absolved from li- Mr. MILLER of California. I yield to ability because all they supplied was a PRAYER the gentleman from New York. neutral piece of material. The Chaplain, Rev. James David Mr. SOLOMON. Mr. Speaker, I would However, Mr. Speaker, the cost of Ford, D.D., offered the following pray- just point out that we have on the doing business with these medical de- er: schedule this week of a very, very im- vices, the cost of litigation, lawyers’ May Your mighty hand, O gracious portant bill that deals with the Federal fees, court fees and costs and so forth, God, protect us all the day long and funding of assisted suicides, of which I has caused these companies to make a may Your providence lead us in the am unalterably opposed to any kind of policy decision not to deliver, not to way of justice and peace. We place be- Federal funds being spent for that pur- sell these materials any longer to these fore you, O God, all the concerns of our pose. This bill has dual jurisdiction people who develop these medical de- hearts and all the petitions that move with the Committee on Ways and vices. That is a tragedy. That means our souls, asking that You would bless Means. The Committee on Ways and that new medical devices and the con- us when we need blessing, that You Means had understood that this bill tinued use of the ones that have been would forgive us when we need forgiv- would be coming up on the suspension so miraculous thus far, like the brain ing, that You would strengthen us calendar and not under a special rule shunt and the pacemaker and all of when we are weak and that You would that we would bring to the House. Con- those things, are running short of the open our eyes to the wonders of life and sequently, we have been negotiating capacity to meet the demand and the love. With gratefulness we accept the with the minority, with Minority Lead- need of the American people. tasks of this day, and earnestly pray er Gephardt, about bringing the bill up So last term I introduced a bill, the that we will be good custodians of the on suspension. We wanted to do that on counterpart is over in the Senate, and responsibilities that are before us. In Thursday. That is the reason for this we have done so again this year, to Your name, we pray. Amen. request today to take up this very im- allow the material suppliers out here f portant measure. in the world, suppliers that have noth- But if the gentleman insists on ob- ing to do with the ultimate injury if THE JOURNAL jecting, so be it. any occurs, to be absolved in the early The SPEAKER pro tempore. The Mr. MILLER of California. Mr. part of a suit from the possibility of Chair has examined the Journal of the Speaker, I insist on my objection. April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1295 The SPEAKER pro tempore. Objec- liance on an issue of great concern to freshman reserve Josh Pastner with tion is heard. the American people, health care for helping him perfect his free throwing f our children. technique. Bibby wanted the world to What makes this partnership so re- know that although Josh Pastner did ANNOUNCEMENT OF EMERGENCY markable is not simply that these two not log a minute of playing time dur- MEETING OF THE COMMITTEE Members represent different regions ing the tournament, the Arizona Wild- ON RULES and different political parties, but that cats could not have won the champion- (Mr. SOLOMON asked and was given one is a respected leading liberal and ship without him. permission to address the House for 1 the other is a respected leading con- So congratulations, University of Ar- minute.) servative. And yet both men discovered izona. Go, Wildcats. Mr. SOLOMON. Mr. Speaker, because something more important than re- f of the recent objection it is very im- gional differences, more important than partisanship and more important HONORING CORRECTIONS OFFICER portant that we take up the prohibi- SCOTT WILLIAMS tion against Federal funds being used than political ideology. for assisted suicides this week, and They understand that a nation as (Mr. CAPPS asked and was given per- therefore I would announce that there wealthy and powerful as ours simply mission to address the House for 1 is going to be a special emergency cannot allow 10 million of its children minute.) meeting of the Committee on Rules to go without basic health care. So Mr. CAPPS. Mr. Speaker, I rise today this afternoon at 5 o’clock and would they came together and they are lead- to pay tribute to Corrections Officer urge Committee on Rules members to ing an effort to do what is right for our Scott Williams who was killed in the attend, and I will be attempting to con- children. line of duty last Thursday at the U.S. tact the gentleman from Massachu- I am inspired by the bipartisan co- Penitentiary in Lompoc, CA. Courage was nothing new to Scott setts [Mr. MOAKLEY], the ranking mi- operation that led to the Kennedy- nority member, to pass along this in- Hatch health care bill, and I have re- Williams. During his tenure at formation. newed hope that this body, the U.S. Lompoc, he was promoted from officer House of Representatives, can come to- to senior officer specialist. A former f gether in a bipartisan way to guaran- Marine of the Year, he served with dis- THE 21ST CENTURY PATENT tee that every child in America has the tinction and saved lives in Desert SYSTEM IMPROVEMENT ACT health coverage they need and deserve, Storm. Officer Williams received no and, Mr. Speaker, let us do it today. fewer than six awards for outstanding (Mr. COBLE asked and was given per- f service. He was also a beloved family mission to address the House for 1 man who is survived by his wife Kristy minute and to revise and extend his re- ARIZONA WILDCATS BASKETBALL and their two young daughters, Kallee marks.) TEAM, 1997 NATIONAL CHAMPION- and Kaitlin. His selfless dedication is a Mr. COBLE. Mr. Speaker, I rise in SHIP lesson to us all. support of H.R. 400, which will effec- (Mr. KOLBE asked and was given per- Today we also pay tribute to injured tively end the practice of submarine mission to address the House for 1 Corrections Officer Scot Elliot and patenting. A patent submariner resorts minute.) Warden Dave Rardin and all those who to dilatory tactics that inhibit the Mr. KOLBE. Mr. Speaker, I feel a lit- came to the aid of a fellow officer. ability of the Patent and Trademark tle bit like a proud parent today as I Mr. Speaker, I know I speak for the Office to review the application in an rise to congratulate Coach Lute Olsen entire House when I extend my condo- expedited manner. and the University of Arizona Wildcats lences to the family and friends of this Submariners do not invest in the on winning the NCAA national basket- brave fallen soldier. economy, nor do they hire workers and ball championship. f they do not invent anything. They sue This marvelous achievement really innocent third parties who independ- was unprecedented. Never before has a VICE PRESIDENT GORE TOASTS ently develop technology, invest in the collegiate basketball team defeated THE TYRANTS economy and do in fact hire workers. three No. 1 seeds in an NCAA tour- (Mr. CHABOT asked and was given How do we stop submariners and still nament, in fact the three most success- permission to address the House for 1 guarantee 17 years of term? H.R. 400 re- ful basketball programs in the country. minute.) quires an 18-month publication. The in- Pundits said it was impossible. To be Mr. CHABOT. Mr. Speaker, the char- nocent third party will be served with victorious Arizona had to find a way to acter of the Clinton administration notice that a patent is pending and be win six games in a row, something this was on display for the entire world to able to move on to another invention. team had not done all season. In fact, see when Vice President GORE recently The rights of the patent applicant are during the regular season the Wildcats clinked champagne glasses with Li in no way compromised, since he would lost nearly as many games as Kansas, Peng, the mastermind of the receive protection at the time of publi- North Carolina, and Kentucky com- Tiananmen Square massacre. Fortu- cation, which means longer protection bined. But throughout the season the nately, the tough and thoughtful com- than inventors currently receive. Arizona Wildcats exhibited a strength ments made by the Speaker of this Mr. Speaker, good patent policy con- of character that was truly inspiring. House served as a welcome contrast. cerns itself with more than the rights They prove that a good team can bene- The Vice President cited that rela- of the inventor. H.R. 400 improves our fit as much, if not more, from losing as tionship between two great nations and existing system by protecting the in- from winning. civilizations in his tribute to the Com- terests of all. I urge support of H.R. 400. As Mike Bibby, Arizona sensational munist dictatorship in Beijing. Well, f freshman point guard, told reporters, he was half right. The United States of ‘‘I like playing against All Americans America is indeed a great Nation, but AN IMPORTANT ALLIANCE ON AN because it helps me learn,’’ or as for- then our Government does not im- ISSUE OF GREAT CONCERN: ward Michael Dickerson said, ‘‘We prison priests and monks and other re- HEALTH CARE FOR OUR CHIL- don’t feel we’re anybody’s underdogs. ligious people. Our Government does DREN We have players who can match up not force women to have abortions (Mr. MCGOVERN asked and was with anybody. We did it by believing in against their will or sanction torture given permission to address the House each other.’’ or throw in jail those who express opin- for 1 minute.) Indeed, at one point during the tour- ions that do not reflect the official gov- Mr. MCGOVERN. Mr. Speaker, last nament Mike Bibby found himself at ernment line. week a remarkable thing happened. the free throw stripe with the game on Mr. Speaker, the Vice President’s re- Two senior Members of the other body, the line. Yet after making the shots marks sent the wrong message to representing the States of Massachu- that sealed the victory, Bibby was China, but as the Cincinnati Post edi- setts and Utah, forged an important al- quick to credit his teammate and torialized last week, it was refreshing H1296 CONGRESSIONAL RECORD — HOUSE April 8, 1997 to see the Speaker actually say face to gered every American by compromis- The liberal press is always asking, face to the Chinese what is frequently ing our national security for Clinton’s ‘‘Can we afford a tax cut?’’ I want to discussed in the United States: Human own political gain. America wants, know the last time anyone asked, ‘‘Can rights do matter, and the truth needs needs, and deserves to have a leader the little guy afford a tax increase?’’ to be told. who protects this Nation instead of ex- Mr. Speaker, the truth is, he cannot. f ploiting it. I think it is high time somebody in f Washington started looking after the JOBS FOR OTHER COUNTRIES; little guy. We need tax relief now. ROTTEN ILLEGAL BERRIES FOR POSTAL SERVICE SHOULD ACT AS f AMERICA RESPONSIBLE MEMBER OF COM- (Mr. TRAFICANT asked and was MUNITY OPPORTUNITIES TO BOLSTER OUR given permission to address the House (Mr. BLUMENAUER asked and was COMMITMENT TO VETERANS for 1 minute and to revise and extend given permission to address the House (Mr. REYES asked and was given per- his remarks.) for 1 minute and to revise and extend mission to address the House for 1 Mr. TRAFICANT. Mr. Speaker, his remarks.) minute and to revise and extend his re- schoolchildren in Michigan got sick Mr. BLUMENAUER. Mr. Speaker, for marks.) eating strawberries that were tainted many the Postal Service indeed rep- Mr. REYES. Mr. Speaker, as a Viet- with the hepatitis A virus. Now if that resents the Federal Government. Post nam veteran and a member of the Com- is not enough to sour your shortcake, offices are the heart and soul of many mittee on Veterans’ Affairs, I rise check this out. small towns across America, and they today to talk about veterans along the The strawberries were illegally im- are part of the heritage of every com- border and opportunities that we have ported from Mexico and sold to the munity. Yet, in many instances, people to bolster our commitment to our vet- school lunch program in violation of feel victimized by the Postal Service erans. buy America laws. Unbelievable, huh? because the post office sometimes ig- This is the 105th Congress’s first It never stops, and no one seems to nores local zoning laws and building piece of veterans’ legislation, and I am care. Military boots from China, cars codes in making decisions about their here to rise in support of this bill, be- from Japan, beef from Australia, tele- facilities. cause in this era of downsizing, it pro- phones from Singapore. Additionally, citizens often feel shut vides increased job opportunities and Mr. Speaker, it is all called the New out of the decision-making process, de- security. Let us send a strong message World order, and here is how it works: spite the massive impacts that post of- to our veterans by overwhelmingly Jobs for China, jobs for Australia, jobs fice closings and relocations have on passing this bill. for Japan, jobs for Mexico, and berries our communities. Furthermore, while back in the dis- for America, rotten, illegal berries for Today I am introducing legislation to trict, I invited local veterans to par- America. change this. My bill would outline min- ticipate in my veterans’ advisory Beam me up, Mr. Speaker. It is time imum citizen involvement require- panel, a panel that will meet regularly to put a few straw bosses in jail and ments that would apply to the renova- to advise me on ways to improve the mandate country of origin labels on all tion, relocation, closing, or consolida- lives of our veterans. I am proud to say food products. tion of post offices and require the post that we have an overwhelming re- Mr. Speaker, I yield back the balance office to comply with any local zoning sponse. Already, they have expressed of any further disease. or building codes which the State and their concerns about our Persian Gulf f local governments themselves must war veterans and the need for contin- ANNOUNCEMENT BY THE SPEAKER comply with. ued research. PRO TEMPORE My bill is fair and does not place un- Mr. Speaker, I urge my colleagues to necessary burdens on the Postal Serv- seek similar ways to stay informed, The SPEAKER pro tempore. The ice. Instead, for the first time, the and with tomorrow’s vote, take a first Chair would admonish the members of Postal Service would be treated as a re- step in this Congress for our veterans. the gallery to please refrain from any sponsible member of the community f showing of spontaneous response to and not be above the local laws. any of the speeches. INCREASING TAXES WILL NOT f f HELP OUR CHILDREN TAX RELIEF FOR AVERAGE COMPROMISING NATIONAL (Mr. SCARBOROUGH asked and was CITIZENS SECURITY FOR POLITICAL GAIN given permission to address the House (Mr. HUTCHINSON asked and was for 1 minute.) (Mr. SAM JOHNSON of Texas asked given permission to address the House Mr. SCARBOROUGH. Mr. Speaker, and was given permission to address for 1 minute and to revise and extend for 40 years tax-and-spend liberals have the House for 1 minute and to revise his remarks.) come to Washington, DC and run up a and extend his remarks.) $5.6 trillion debt that is going to be Mr. SAM JOHNSON of Texas. Mr. Mr. HUTCHINSON. Mr. Speaker, passed on to our children. For 40 years, Speaker, I agree with the audience. I while I was home in Arkansas I often tax-and-spend liberals have increased am outraged though. asked my constituents, ‘‘Any message Today, every day, it is a new story for Washington?’’ One of the most com- taxes to a point that the average about this President using taxpayer mon responses I received is ‘‘Yes, cut American is now paying 50.2 percent of dollars, using the White House and now my taxes.’’ I have heard this response every dollar they make to Washington using classified national security infor- so many times that I can assure my and State levels, and yet these same mation to raise money for his own re- colleagues this: I got the message. tax-and-spend liberals come up talking election campaign. Today’s Washing- Mr. Speaker, we all know that the about how they want to help children. ton Post reveals that the White House special interests and the powerful lob- But guess what? The way they want to actually gave top secret information to bying groups have their tax loopholes. help children is to increase taxes. The the Democrat National Committee. We all know that upper income people way they say we help children is in- When I was in the military, if some- have the means to employ tax attor- crease spending through another Fed- one failed to safeguard classified infor- neys and accountants at tax time. But eral bureaucracy. mation, they were relieved from duty what about the forgotten little guy, Mr. Speaker, if we are going to help and court-martialed. Maybe it is time the ordinary taxpayer who works for a children, we have got to make sure to relieve this President from his du- living? What about giving the little that taxes are reduced and Federal ties and court-martial him. guy a break for a change? spending is reduced, because a biparti- Mr. Speaker, it is the little guy who san commission headed by Senator b 1415 is at the mercy of a Federal tax system KERREY projected a few years ago that The White House has put the lives of that somehow manages to increase the my boys are going to be paying 89 per- CIA officers in jeopardy and endan- tax burden year after year after year. cent of every dollar they make in 30 April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1297 years to the Federal Government in unfunded, felons can go to court and Committee amendments, page 2, line 12, Washington. It is wrong, and it is im- regain their firearm privileges. strike ‘‘(iii)’’ and insert ‘‘(iii)(I).’’ moral, and it is demagogic to suggest To stop this from happening, we Page 2, line 14, insert ‘‘(or skilled that we can help the children of Amer- should eliminate the guns for convicted nursing facility for purposes of title ica by raising their taxes and increas- felons program outright. XVIII)’’ after ‘‘nursing facility.’’ ing a new layer of bureaucracy in Today, along with the gentlewoman The SPEAKER pro tempore. Pursu- Washington. from Maryland [Mrs. MORELLA] and the ant to the rule, the gentleman from f gentlewoman from New York [Mrs. Michigan [Mr. CAMP] and the gen- MCCARTHY], I am introducing the Stop tleman from Wisconsin [Mr. KLECZKA] AMERICA NEEDS CAMPAIGN Arming Felons Act, or the SAFE Act. will each control 30 minutes. FINANCE REFORM The Ackerman-Morella-McCarthy leg- The Chair recognizes the gentleman (Mr. MILLER of California asked and islation will eliminate guns for con- from Michigan [Mr. CAMP]. was given permission to address the victed felons altogether. It sends a Mr. CAMP. Mr. Speaker, I yield my- self such time as I may consume. House for 1 minute and to revise and clear message that we should make it extend his remarks.) Mr. Speaker, I rise today in support harder, not easier, for criminals to of H.R. 968, a bill introduced by the Mr. MILLER of California. Mr. have access to weapons. gentleman from Maryland [Mr. EHR- Speaker and Members of the House, a The Stop Arming Felons Act is bipar- LICH]. The gentleman’s legislation few minutes ago I objected to agreeing tisan and has 32 original cosponsors, to taking up the Suspension Calendar would amend the Social Security Act and I urge all of my colleagues to act to permit a waiver of the prohibition of for tomorrow. The reason I did so is in the interest of this country and let not because I object to the bills that offering nurse aide training and com- us stop arming convicted felons. petency evaluation programs in certain were on the Suspension Calendar; I did f so because I object to business as usual facilities. As chairman of the Speaker’s Advi- in this House, especially when business CORRECTIONS CALENDAR sory Group, it was my pleasure to work as usual means that week after week The SPEAKER pro tempore (Mr. with Congressman EHRLICH and the mi- this House comes back to little or no GOODLATTE). This is the day for the nority ranking member, the gentleman business that is important to the call of the Corrections Calendar. from California, Mr. WAXMAN, and the American public. The Clerk will call the bill on the rest of the minority members and ma- We come back not for the budget, we Corrections Calendar. jority members of the committee to ex- come back not for children’s health f pedite consideration of this Corrections care, and most importantly, we come Day legislation. back not to deal with campaign finance CORRECTION TO NURSE AIDE This bill was favorably reviewed by reform. Yet every day the American TRAINING the Speaker’s Advisory Group and is public have new revelations given to The Clerk called the bill (H.R. 968) to fully supported by my colleagues on them about the White House, about amend title XVIII and XIX of the So- the other side of the aisle. The advi- Congress, about the Senate, about the cial Security Act to permit a waiver of sory group was able to work with the House of Representatives, about people the prohibition of offering nurse aide Speaker and the committees of juris- with enough money getting access that training and competency evaluation diction to bring this bill to the floor no other American can possibly con- programs in certain nursing facilities. today. ceive of having, with powerful Mem- The Clerk read the bill, as follows: Mr. Speaker, this bill is particularly bers of the House and powerful Mem- well suited to be considered here under bers of the Senate offering access for H.R. 968 the Corrections Day procedure as we money, offering the ability to sit on in- Be it enacted by the Senate and House of Rep- are doing today. Despite the good in- side councils for money, offering the resentatives of the United States of America in tentions of the nurse aide training leg- Congress assembled, ability to talk to Cabinet officials for islation of the 1980’s, certain aspects money. It has got to stop. SECTION 1. PERMITTING WAIVER OF PROHIBI- TION OF OFFERING NURSE AIDE have created significant problems with Today we see in The New York Times TRAINING AND COMPETENCY EVAL- its implementation. an overwhelming majority of Ameri- UATION PROGRAMS IN CERTAIN FA- The 1987 reconciliation bill instituted cans want the corrosive, corrupting CILITIES training standards for nurse aids work- campaign finance system changed, but Section 1819(f)(2) of the Social Security ing in long-term care facilities. Under they do not believe that Congress is se- Act (42 U.S.C. 1395i–3(f)(2)) and section 1919(f)(2) of such Act (42 U.S.C. 1396r(f)(2)) are existing law, nursing facilities which rious about it. We are going to con- each amended— are subject to an extended survey are tinue to object to this kind of do-noth- (1) in subparagraph (B)(iii), by inserting prohibited from offering facility-based ing agenda and an agenda that fails to ‘‘subject to subparagraph (C),’’ after ‘‘(iii)’’; nurse aide training and competency respond to the needs of the public on and evaluation for a period of up to 2 years. campaign finance reform. (2) by adding at the end the following new As an unintended consequence, a f subparagraph: nursing home that is subject to a re- ‘‘(C) WAIVER AUTOHRIZED.—Clause (iii) of view is not allowed to have a nurse PASS ‘‘SAFE’’ FOR A SAFER subparagraph (B) shall not apply to a pro- aide training program at their facility, AMERICA gram offered in (but not by) a nursing facil- ity in a State if the State— even if the care provided by the nurse (Mr. ACKERMAN asked and was ‘‘(i) determines that there is no other such aide is unrelated to the review itself. given permission to address the House program offered within a reasonable distance This bill would waive the prohibition for 1 minute and to revise and extend of the facility, on nurse aide training programs if the his remarks.) ‘‘(ii) assures, through an oversight effort, State determines there is no other Mr. ACKERMAN. Mr. Speaker, it that an adequate environment exists for op- training program within a reasonable seems inconceivable that convicted fel- erating the program in the facility, and distance of the facility. The State must ons, including those who have commit- ‘‘(iii) provides notice of such determina- also assure that an adequate environ- ted violent crimes using guns, could tion and assurances to the State long-term ment exists for operating a program. get out of prison and could, under the care ombudsman.’’. Nurse aide training programs are law, buy guns yet again. I raise the The SPEAKER pro tempore. Pursu- vital to health care delivery. Our cur- question, who is being protected by ant to the rule, the bill is considered rent law, however, is particularly bur- this law, convicted felons, or law abid- read for amendment. densome in rural areas which face dif- ing citizens? COMMITTEE AMENDMENTS ficulties recruiting nurse aids. It does Each year since fiscal year 1993 we in The SPEAKER pro tempore. The not make sense that these very nurse Congress have stopped funding this Clerk will report the amendments rec- aide training programs are improving guns for convicted felons program. ommended by the Committee on Ways patient care as rural providers find it However, this is insufficient, because and Means. increasingly difficult to recruit nurse as the law is still on the books, even The Clerk read as follows: aids. H1298 CONGRESSIONAL RECORD — HOUSE April 8, 1997 This legislation is technical in na- ists for operating the program in the training programs where the reason for ture, has strong bipartisan support, facility; and three, provide notice of the termination is an operational defi- and was scored by the Congressional such determination to the State long- ciency unrelated to the quality of the Budget Office as having no budgetary term-care ombudsman. program, and where no alternative impact. This noncontroversial measure was training program exists within a rea- Mr. Speaker, this is a straight- recently reported by the Committee on sonable distance. forward, bipartisan bill that corrects Commerce on March 12 by voice vote. In this regard it is vitally important an inefficient and burdensome law. In addition, the Committee on Ways for rural America that the nursing This targeted bill will lead to improved and Means reported the legislation by home provisions of the Reconciliation health care in rural areas like the voice vote on March 13. I am pleased to Act of 1987 instituted training stand- Fourth District of Michigan which I say that the bill also has the support of ards for long-term facility nurse aides, represent. I urge my colleagues to sup- the administration and will have no requiring a minimum of 75 hours of port H.R. 968. budgetary impact on the Federal Gov- training for these aides. These require- Mr. Speaker, I reserve the balance of ernment. ments, among others, must be met in my time. Mr. Speaker, the legislation sends an order for nursing facilities to be eligi- Mr. KLECZKA. Mr. Speaker, first, let important message to the American ble for payment by Medicare and Med- me say that the gentleman from Michi- people that Congress is listening, lis- icaid. gan [Mr. CAMP] has adequately ex- tening to their concerns about burden- However, these current Federal nurs- plained the bill. This is a correction some Federal regulations and taking ing facility laws often deprive nursing bill. action to address their concerns. H.R. facilities of the ability to provide in- Back in 1987, we passed the legisla- 968 achieves this objective by eliminat- house training. The law allows ap- tion on nurse aide training. I think in ing unnecessary and burdensome regu- proval of these training programs to be this one area we went too far. This bill lations, a goal that Members on both denied due to problems in the facility provides States with the flexibility to sides of the aisle have endorsed. unrelated to the training program, and continue needed nursing aide training, Again, I appreciate the opportunity in this regard makes no sense. even though the home itself might be to speak on this important piece of leg- Once a program is terminated, the fa- under some type of a review. I would islation. I urge my colleagues to sup- cility becomes ineligible as a training ask all of my colleagues to join the port H.R. 968. site for 2 years, even after the facility gentleman from Michigan [Mr. CAMP] Mr. KLECZKA. Mr. Speaker, I yield has corrected its alleged deficiencies. and myself in supporting this needed such time as he may consume to the The current restriction makes it dif- legislation. gentleman from Ohio [Mr. BROWN]. ficult to recruit nurse aides, especially Mr. Speaker, I reserve the balance of Mr. BROWN of Ohio. Mr. Speaker, I in rural and other areas which lack my time. rise in support of H.R. 968. The Com- training alternatives. Mr. CAMP. Mr. Speaker, I yield such mittee on Commerce has acted on this Mr. Speaker, many nursing homes time as he may consume to the gen- bill twice, first in September 1996, and rely on their own nurse aide training tleman from North Carolina [Mr. then in March 1997. This legislation is programs to certify nurse aides with BURR]. also supported by the administration basic nursing skills and personal care Mr. BURR. Mr. Speaker, as a member and was proposed by the President and skills. Because long-term care provid- of the Committee on Commerce which Vice President through the reinventing ers are funded primarily by Medicare also has jurisdiction on this bill and as government initiative in 1995. and Medicaid, they are at an economic a cosponsor of the bill, I am pleased to Nurse aide training programs play an disadvantage in competing for labor. speak in support of this very important important role, not only by preparing On-site training programs serve as an legislation. students to care for patients, but also excellent recruitment tool by provid- H.R. 968 would permit the continu- by helping to meet the patient’s needs ing nursing career opportunities for ation of nurse aide training and the in staffing health care facilities. The entry level personnel. competency evaluation programs in failure to make these changes for Finally, the presence of these nurse certain nursing facilities. Under exist- training programs could have dire con- aides to a nursing home staff ensures ing Federal law, a nursing facility may sequences in terms of a nursing facili- that the residents receive high-quality lose its ability to offer facility-based ty’s ability to provide quality care for personal care and also allows the nurs- nurse aide training and competency its patients. This bill will allow certain ing staff to focus more on the delivery evaluations for reasons that are unre- facilities to continue nurse aide train- of quality medical care. To com- lated to the quality of the program it- ing programs, particularly in rural and promise this ability to provide the self. other areas which lack training alter- highest level of care possible brings This unintended consequence of the natives. about the very result Congress in- current law arises when a facility has Mr. Speaker, I recommend we pass tended to avoid: a threat to the quality unrelated operational deficiencies this bill today. of long-term care provided to our Na- which are being corrected by the facil- Mr. CAMP. Mr. Speaker, I yield such tion’s senior citizens. ity. As a result, nursing facilities, par- time as he may consume to the gen- Mr. Speaker, I thank everyone asso- ticularly those in rural communities, tleman from Maryland [Mr. EHRLICH]. ciated with this bill. are prevented from conducting the Mr. EHRLICH. Mr. Speaker, I rise as Mr. KLECZKA. Mr. Speaker, I have training and evaluation that is an inte- chief sponsor of the bill. I want to no further requests for time, and I gral part in providing quality nursing thank a number of people for their sup- yield back the balance of my time. care and preventing staff shortages. port and cooperation; the gentleman Mr. CAMP. Mr. Speaker, I have no from California [Mr. WAXMAN] has been further requests for time, and I yield b 1430 wonderful to work with in respect to back the balance of my time. This legislation would revise the cur- this piece of legislation. I also con- The SPEAKER pro tempore (Mr. rent law. The bill would permit the gratulate the gentleman from Michi- GOODLATTE). Pursuant to the rule, the continuation of nurse aide training and gan [Mr. CAMP], the chairman of the previous question is ordered on the competency evaluation programs in af- corrections day committee, a very im- amendments recommended by the fected facilities under certain cir- portant committee. I am sure we will Committee on Ways and Means and on cumstances. In order for a facility to be bringing a lot of pieces of legislation the bill. continue its training and evaluation to the floor in the 105th Congress, and The question is on the committee programs, the State would have to, I thank my friend and colleague, the amendments. one, make a determination that no gentleman from North Carolina [Mr. The committee amendments were similar program is in existence within BURR] from the Committee on Com- agreed to. a reasonable distance of the facility; merce. The SPEAKER pro tempore. The two, conduct oversight activities to en- Mr. Speaker, I will be brief. H.R. 968 question is on the engrossment and sure that an adequate environment ex- prevents the termination of certain third reading of the bill. April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1299 The bill was ordered to be engrossed antee loans under this section only to the ex- During the first year of this program, and read a third time, and was read the tent that the costs of the guarantees entered there was significant industry and pub- third time. into in such fiscal year do not exceed such lic enthusiasm and support for the con- amount as may be provided in appropriation The SPEAKER pro tempore. The Acts for such fiscal year.’’; cept of guaranteed rental housing question is on the passage of the bill. (2) by striking subsection (t) and inserting loans. For example, during the 30-day The question was taken; and (three- the following new subsection: fiscal year 1996 open application sea- fifths having voted in favor thereof) ‘‘(t) AUTHORIZATION OF APPROPRIATIONS.— son, there were 49 applications from 24 the bill was passed. There are authorized to be appropriated for different States requesting a total of A motion to reconsider was laid on each fiscal year for costs (as such term is de- approximately $62.5 million in guaran- fined in section 502 of the Congressional the table. Budget Act of 1974) of loan guarantees made tees to help fund about $85 million in f under this section such sums as may be nec- multifamily housing development. The essary for such fiscal year.’’; and need is out there, Mr. Speaker. GENERAL LEAVE (3) by striking subsection (u). The Rural Housing Service approved Mr. CAMP. Mr. Speaker, I ask unani- The SPEAKER pro tempore. Pursu- 9 requests for about $14 million in guar- mous consent that all Members may ant to the rule, the gentleman from antees on almost $20 million of new have 5 legislative days within which to New York [Mr. LAZIO] and the gen- construction, resulting in 370 new revise and extend their remarks on tleman from Massachusetts [Mr. KEN- apartment units. H.R. 968, the bill just passed. NEDY] each will control 20 minutes. Furthermore, as compared to the The SPEAKER pro tempore. Is there The Chair recognizes the gentleman rural multifamily direct loan program objection to the request of the gen- from New York [Mr. LAZIO]. where the Government subsidy costs tleman from Michigan? Mr. LAZIO of New York. Mr. Speak- are extraordinarily higher, we are get- There was no objection. er, I yield myself such time as I may ting good value. This indirect program consume. f is only a fraction of the cost. The vari- Mr. Speaker, today I rise in support ety of developments indicates that the SUNDRY MESSAGES FROM the of H.R. 28, the Rural Multifamily Rent- program has widespread applicability PRESIDENT al Housing Loan Guarantee Extension and that it is flexible enough to meet Act of 1997, a mouthful, but a very im- Sundry messages in writing from the the differing financing needs of eligible portant program which was introduced private and private-sector lenders and President of the United States were by the gentleman from Nebraska, Mr. communicated to the House by Mr. low-income housing providers. DOUG BEREUTER. I want to say at the Sherman Williams, one of his secretar- This program is an example of the outset, without the leadership of DOUG ies. type of partnership that should exist BEREUTER we would likely not be here between the Federal Government and f today. This was largely his concept, a the private sector, and is necessary to ANNOUNCEMENT BY THE SPEAKER concept that he has fought hard for, provide and expand low-income hous- PRO TEMPORE and it also is a reflection of the fact ing. that poverty does not end at the The SPEAKER pro tempore. Pursu- Finally, again, I want to congratu- boundaries of our urban areas or even late and commend my colleague, the ant to the provisions of clause 5 of rule our suburban areas; that in fact pov- gentleman from Nebraska [Mr. BEREU- I, the Chair announces that he will erty and substandard housing is also postpone further proceedings today on TER] for his tireless work on this issue very much a rural issue. to ensure an effective tool and an inte- each motion to suspend the rules on I also want to thank the chairman of gral part of our assisted housing mis- which a recorded vote or the yeas and the full committee, the gentleman sion for rural Americans. nays are ordered, or on which the vote from Iowa [Mr. LEACH], who happens to I urge my colleagues to enthusiasti- is objected to under clause 4 of rule be with us also here today, and the cally support passage of H.R. 28. XV. ranking member of the subcommittee, Such rollcall votes, if postponed, will the gentleman from Massachusetts Mr. Speaker, I reserve the balance of my time. be taken after debate has concluded on [Mr. KENNEDY], for their extraordinary all motions to suspend the rules, but help and assistance to bring this bill to Mr. KENNEDY of Massachusetts. Mr. not before 5 p.m. today. where we are right now. Speaker, I yield myself such time as I f Mr. Speaker, H.R. 28 will perma- may consume. nently authorize a rural housing multi- Mr. Speaker, first of all, I want to RURAL MULTIFAMILY RENTAL family program that leverages private thank my good friend and the chair- HOUSING LOAN GUARANTEE EX- sector dollars with Federal loan guar- man of the Subcommittee on Housing TENSION ACT OF 1997 antees in order to provide low-income and Community Opportunity of the Mr. LAZIO of New York. Mr. Speak- housing in rural areas in an efficient Committee on Banking and Financial er, I move to suspend the rules and manner. The Rural Loan Guaranty Services, as well as the chairman of the pass the bill (H.R. 28) to amend the Program originated in the 103d Con- full committee, and I think the gen- Housing Act of 1949 to extend the loan gress where the House passed fiscal tleman from Nebraska [Mr. BEREUTER] guarantee program for multifamily year 1995 authorization language and has been working on this issue since I rental housing in rural areas. appropriated $1 million in budget au- first got on the committee over 10 The Clerk read as follows: thority. Although the authorization years ago, trying to reform some of the concerns about rural housing and how H.R. 28 bill was not enacted, the Agriculture Appropriations Act for fiscal year 1995 the Government provides the subsidies Be it enacted by the Senate and House of Rep- in this country. resentatives of the United States of America in left the program with appropriations or Congress assembled, budget authority without a program While I rise today in support of H.R. SECTION 1. SHORT TITLE. authorization. 28, the Rural Multifamily Rental Hous- This Act may be cited as the ‘‘Rural Multi- During the last Congress, Mr. Speak- ing Loan Guarantee Extension Act of family Rental Housing Loan Guarantee er, Congress passed and the President 1997, and I want to extend my thanks Extentions Act of 1997’’. signed the Housing Opportunity Pro- to my colleagues for their efforts to SEC. 2. LOAN GUARANTEES FOR MULTIFAMILY gram Act of 1996 which provided the deal with this issue, I do want to ex- RENTAL HOUSING IN RURAL AREAS. fiscal year 1996 authorization of appro- plain to the Members of the House just Section 538 of the Housing Act of 1949 (42 priations. For this year we are in a how critical the issue of providing U.S.C. 1490p–2) is amended— similar quandary, and in fiscal year housing programs for rural America (1) in subsection (q), by striking paragraph 1997 appropriations should result in $1.2 are. (2) and inserting the following new para- graph: million in budget authority, leveraging We have a situation today in this ‘‘(2) ANNUAL LIMITATION ON AMOUNT OF LOAN approximately $20 million in loan guar- country where we have tended to focus GUARANTEE.—In each fiscal year, the Sec- antees, with no authorization for this on the issue of urban poverty, but any- retary may enter into commitments to guar- year unless this bill moves. one who has taken the time to visit H1300 CONGRESSIONAL RECORD — HOUSE April 8, 1997 some of the more rural parts of Amer- if not the very low-income families. I last fiscal year, and this authorization ica knows there are parts of this coun- am encouraged that the Rural Housing is urgently needed to ensure the try that have terrible, terrible poverty Service is making every effort to make smooth operation of this important that is in many cases swept under the this program work for rural America. I new program. Anyone familiar with rug, is not seen, because we do not urge my colleagues to support H.R. 28. America’s smaller cities and commu- have the slums and the ghettoes of Again, I want to thank the gentleman nities knows that the supply of afford- urban America that are so painfully from Nebraska [Mr. BEREUTER], the able rental housing is much needed but easy to view by anyone who drives gentleman from Iowa [Mr. LEACH], and in short supply. This lack of affordable through particular neighborhoods. the gentleman from New York [Mr. housing is one of the reasons why many In rural America, much of the pov- LAZIO] for their efforts. small cities in nonmetropolitan areas erty is much more hidden. We do not Mr. Speaker, I reserve the balance of are having a difficult time keeping see it, yet it exists. It is terrible, it is my time. their young people, and thus their fu- terrifying for the poor, and it is an Mr. LAZIO of New York. Mr. Speak- ture, from migrating to metropolitan issue that I think this act, I believe, er, I yield 5 minutes to the gentleman areas. from Nebraska [Mr. BEREUTER]. begins to pull back the covers on to Historically, it often has been dif- some degree. (Mr. BEREUTER asked and was given permission to revise and extend ficult to entice adequate private in- Mr. Speaker, I would like to point vestment into these areas. Direct Fed- out that the basic fundamental pro- his remarks.) Mr. BEREUTER. Mr. Speaker, I want eral lending programs which have prov- gram which serves the poorest of the to first begin by thanking the chair- en costly to taxpayers often have been poor, the section 515 program, has had man of the Subcommittee on Housing the only source of financing in these enormous cutbacks associated with it and Community Development, the dis- areas. Because of the problems which over the course of the last couple of tinguished gentleman from New York plagued and still plague the section 515 years in the Congress. [Mr. LAZIO], for his support and assist- direct loan program and knowing that While there are the needs for some ance, and that of the gentleman from Federal funds are likely to become in- improvements in the 515 program, we Iowa [Mr. LEACH], chairman of the full creasingly scarce, this Member saw the should make no mistake by suggesting committee, for his assistance in bring- need for a new approach that would for a second that while the 538 pro- ing this legislation to the floor. Mr. cost taxpayers less but still provide gram, which is the guaranteed loan LAZIO has certainly given us the his- equal or greater housing opportunities program that we are acting on today, tory of this legislation as it has in our Nation’s smaller cities. the need for the program, the 515 pro- evolved. I also appreciate his kind re- gram, which provides the credit sub- I had good support from our chair- marks. man, the gentleman from Iowa [Mr. sidy, is I think something that is of I also appreciate the kind remarks of critical importance to the poorest of LEACH], and the gentleman from New the gentleman from Massachusetts, York [Mr. LAZIO] and our colleagues on the poor. We have to make certain that and I would say that his description of we do not turn our backs continuously the Democratic side of the aisle. The the poverty problems and the housing alternative which emerged is the sec- on the very, very poor people of this problem in rural America, including country. tion 538 loan guarantee program. It our Indian reservations, is directly on does provide affordable housing at least While we want to provide an innova- the mark. tive demonstration program with the in part in nonmetropolitan areas for This gentleman has never contended individuals with incomes ranging from authorization that it requires in order either that this housing program, low to low-moderate to moderate lev- that our appropriators can now provide which has come to be known as the 538 els; in other words, those Americans the funds for this program, which is program, is a replacement for reform of whose incomes do not exceed 115 per- technically what all this bill is doing the 515 program. We need to proceed cent of the area median income. today, we should recognize that this is with reforms of that legislation which a program that will end up funding is also aimed at multiunit housing. Eligible lenders, which include multi- people that are slightly above the poor- Mr. Speaker, I want to recognize a family lenders approved by HUD and est of the poor. distinguished former Member of the Fannie Mae and Freddie Mac, provide While this is a commendable program Congress who is on the floor today, Mr. financing for projects of at least five in and of itself, we ought to be, I think, de la Garza, former chairman and then housing units, five in a unit, developed forthright with the American people ranking member of the Committee on by nonprofits, State governments or that at the same time, we are really Agriculture. It is our responsibility on for-profit private entities. Nonprofits cutting significantly the amount of the Committee on Banking and Finan- and State agencies are required to money that goes into the basic fun- cial Services to work with the Commit- make a modest initial investment of 3 damental 515 program. tee on Agriculture on USDA housing percent of the development costs while private for-profit entities must con- b 1445 programs. We have worked with this gentleman in the past on housing legis- tribute an appropriate 10 percent of the I would just like to read one brief lation for rural America and for small development cost. statistic. According to the State of cities across the country. The gen- In return for a fee of up to 1 percent Rural Housing in 1966, a publication of tleman from Texas is seated by our of the loan amount, the U.S. Depart- the Housing Assistance Council, of the current distinguished Agriculture Com- ment of Agriculture guarantees repay- 9.1 million rural centers, 1.2 million mittee chairman, the gentleman from ment of the loan. Thus projects which families had severe housing cost bur- Oregon [Mr. SMITH]. I am sure they are in the past required a dollar-for-dollar dens, paying more than 50 percent of working on housing right now. investment by the Federal Government their income for rent; 1.6 million rent- But Mr. Speaker, I do rise in support are now financed for pennies on the ers had moderate cost burdens, paying of this legislation and ask my col- dollar by the private sector. between 30 and 50 percent of their in- leagues for support of it. This legisla- come for rent. I do not think anybody tion does permanently reauthorize the Finally I wanted to quote from a let- in this Congress pays anything close to loan guarantee program for multifam- ter received on March 18 of this year 50 percent of their income for rent. The ily rental housing in nonmetropolitan from Jan Shadburn, Acting Adminis- amount of burden that that places on areas made under section 538 of the trator of the Rural Housing Service of all the other costs in one’s life is very, Housing Act of 1949. Originally enacted USDA. very significant. as a demonstration program under the She says as follows: ‘‘We are very ex- With those severe cost burdens, they section 515 rural housing program dur- cited about the program and we believe were concentrated amongst the poorest ing the 103d Congress, this loan guaran- that, once reauthorized by Congress, it rural residents. The credit enhance- tee program has been well received in will continue to grow and will prove to ment of the guarantee will at least nonmetropolitan America. be an effective tool and an integral make rental housing more affordable Unfortunately, the authorization for part of our assisted housing mission for to low- and moderate-income families, the program expired at the end of the rural Americans.’’ April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1301 Mr. Speaker, this Member again asks I would only make two points, one Let me again urge my colleagues to his colleagues to support this impor- that was underscored by Mr. BEREUTER; support this important piece of legisla- tant alternative, a supplement to di- that is, this approach is a guarantee tion. It is a complement, not a sub- rect Federal lending in order to ensure loan program. Therefore, it involves stitute, for our other tools that are smooth operation of a program which small sums of money, leveraging quite available to combat poverty and sub- is working in nonmetropolitan Amer- a bit larger sums of money. In addi- standard housing in rural America. I ica. tion, it is based upon a USDA model want to emphasize once again, because Mr. Speaker, I thank the gentleman and, in fact, is USDA administered and so often the illustrations that we see for yielding me the time. that model has found that there is only on the news, the shows that we see on Mr. KENNEDY of Massachusetts. Mr. a 3-percent default rate, which is a television, the things that we talk Speaker, I yield 2 minutes to the gen- rather impressive number in relation- about tend to focus on what happens in tlewoman from North Carolina [Mrs. ship to almost every Federal program. urban America, and the need is great in CLAYTON]. But what is impressive in addition is 3 urban America. And the fact is that we Mrs. CLAYTON. Mr. Speaker, as a percent default does not mean 3 per- have extraordinary needs in terms of member of the Committee on Agri- cent losses. It means that the loan housing and community development culture, I want to rise in support of went sour but there are still recover- in both suburban and urban America. this initiative for rural housing and as- able parts. So the total losses to the But poverty does not end at the city sociate myself with the remarks and taxpayer end up being a small percent- boundary. Nor does it end at the subur- comments congratulating all of the age of 3 percent. ban boundary. It is a fact of life all too persons who have been involved in This is, in short, one of the most ex- often in our rural areas. bringing this to fruition. traordinary ways of leveraging housing In this case, we are doing what I I want to acknowledge, as has been programs in rural America. It is tar- think is an extraordinarily efficient acknowledged by the gentleman from geted precisely to rural America and thing, which is to leverage our dollars, Massachusetts [Mr. KENNEDY], that obviously, as a representative of a making our dollars work as hard as this is not a substitute for 515, which is rural State with a high percentage of possible. In this case, $1.2 million will so critically needed for the poorest of nonurban housing stock, I am appre- leverage $20 million in construction, the poor. Those of us who live in rural ciative of its import. bringing housing to scores of Ameri- areas know how persistent and how But I would also stress that this pro- cans that would otherwise potentially pervasive the poverty is and how dif- gram is intended as a tie-in to other be homeless or, at least, be in terribly ficult it is to bring resources and to housing programs and that in the near substandard housing. As I say, it is a make a difference. So this is to stretch future significant housing reform will complement and not a substitute. the resources, to give more resources be the subject of a full Committee on Let me also point out, in relation to to rural areas so that we cannot only Banking and Financial Services re- the 515 Program, which has been under continue 515 in an improved way but to view. We look forward, those of us from considerable criticism by, among other introduce now what we call 538, the rural areas, to working closely with people, a former Member of this body rural rental housing guarantee pro- the distinguished chairman of the sub- and now a Member of the other body, gram, which will allow the private sec- committee on the endeavors that he is Mr. DURBIN, for the fact that there tor to be partners with the Govern- leading at this time. have been numerous allegations of ment in guaranteeing more homes. I I simply want to stress again the in- fraud, that in the 515 Program, which want to say this is an addition that we novation of this program, the leader- also has brought hope to many Ameri- welcome, but we also want to encour- ship of my colleagues. cans, the Federal Government subsidy age further reform and the expansion Mr. KENNEDY of Massachusetts. Mr. costs are approximately 49 cents for of 515 because we know it is so difficult Speaker, I yield myself such time as I each dollar appropriated. The loan for the poorest of the poor to have may consume. guarantee program subsidy today that housing and to say come to North I would just like to end by pointing we are talking about is only, the cost Carolina, if you want to see the poorest out that this program, as I understand, is only about 6.8 cents for every dollar of the poor. the 515 Program, I would just like to appropriated. So again 6.8 cents for However, I am pleased to note that point out, used to be funded at about this program relative to 49 cents for part of the demonstration program $690 million a year. The current 515 every dollar appropriated in the 515 North Carolina will have is in Clayton, Program is down to $150 million a year. Program. NC, not my district but nevertheless it This program is about $1.2 million, just It is, in fact, a reality that we need is worthy of noting. It just happened to so Members will keep in perspective as many tools as possible to combat be Clayton, and it happened to be what we have done in terms of our poverty and substandard housing North Carolina. And 56 persons will rural housing programs. throughout America. I want also to have apartments that they would not Rural poverty is growing. We have compliment the Rural Housing Service have unless this program was avail- significant numbers of very, very poor of USDA for working with us, with the able. people living in rural America that Members on the other side of the aisle, Mr. LAZIO of New York. Mr. Speak- have great, great housing needs. I just in particular the gentleman from Mas- er, I yield such time as he may hope that the Congress keeps in mind sachusetts [Mr. KENNEDY], for his sup- consume to the gentleman from Iowa the need for us to continue to support port of our efforts to bring relief to [Mr. LEACH], chairman of the Commit- housing programs in general. We are rural areas; the support of other asso- tee on Banking and Financial Services, going to have major housing problems ciations, like the National Association who is also a tireless advocate on be- for America’s poor in the coming year of Home Builders; again, the appropri- half of our Nation’s poor and those who as a result of some peculiarities in the ators, the gentleman from New Mexico have substandard housing. budgeting process. I think that we need [Mr. SKEEN], the gentleman from Lou- Mr. LEACH. Mr. Speaker, I thank the to continue to bring home at every pos- isiana [Mr. LIVINGSTON] for their sup- gentleman for yielding me the time. sible opportunity, to recognize the sig- port through the appropriations proc- Let me say, I also rise in support of nificant problems that very poor people ess. But most importantly, I would this modest but very significant pro- in this country have in terms of attain- suggest that the credit largely goes to gram and would commend the gen- ing reasonable shelter. I hope to work the chairman of the full committee, tleman from Nebraska [Mr. BEREUTER] with the chairman of the full commit- the Committee on Banking and Finan- for introducing the original legislation, tee and the chairman of the housing cial Services, the gentleman from Iowa the gentleman from New York [Mr. committee in resolving those issues in [Mr. LEACH], and, of course, the gen- LAZIO], who leads housing efforts on be- the future. tleman from Nebraska [Mr. BEREUTER] half of all Americans at this time in Mr. Speaker, I yield back the balance for their vision and for their commit- the House of Representatives, and the of my time. ment to this very important program gentleman from Massachusetts [Mr. Mr. LAZIO of New York. Mr. Speak- that is truly bringing hope for many, KENNEDY] who has always spoken so er, I yield myself such time as I may many Americans throughout the Na- eloquently on housing issues. consume. tion. H1302 CONGRESSIONAL RECORD — HOUSE April 8, 1997 Mr. Speaker, I include for the ‘‘(A) to verify and otherwise assure that an I urge my colleagues to support H.R. RECORD the following section-by-sec- individual does not receive coupons in more 1000. tion analysis: than one jurisdiction within the State; and Mr. Speaker, I reserve the balance of ‘‘(B) to verify and otherwise assure that an my time. H.R. 28—RURAL MULTIFAMILY RENTAL HOUS- individual who is officially detained in a cor- ING LOAN GUARANTEE EXTENSION ACT OF rectional, detention, or penal facility admin- Mrs. CLAYTON. Mr. Speaker, I have 1997 istered under Federal or State law is not been a tireless advocate along with SECTION BY SECTION ANALYSIS considered to be part of any household par- many of my colleagues in fighting hun- SECTION 1. SHORT TITLE.—The title is cited ticipating in the food stamp program, except ger in the United States. The bill be- as the ‘‘Rural Multifamily Rental Housing to the extent that the Secretary determines fore us today is aimed at helping to en- Loan Guarantee Extension Act of 1997.’’ that extraordinary circumstances have made sure that the funds allocated by the SEC. 2. LOAN GUARANTEES FOR MULTIFAM- it impracticable for the State agency to ob- Federal Government for the food stamp ILY RENTAL HOUSING IN RURAL AREAS.—This tain the information necessary to do so.’’. program actually go to feed those who (b) PENALTY.—Section 11(g) of the Food section amends Section 538 of the Housing are hungry. Act of 1949 to provide a permanent author- Stamp Act of 1977 shall apply, in accordance ization of appropriations and permanent au- with its terms, to any failure of a State In fiscal year 1995, USDA issued over thority to the [US Department of Agri- agency to comply with section 11(e)(20)(B) of $22 billion in benefits. Some 26 million culture] Secretary to guarantee rural hous- such Act. Americans were helped by these funds. ing multifamily loans. (c) CONFORMING AMENDMENT.—Section Congress passed legislation last year to 11(e)(8)(E) of the Food Stamp Act of 1977 (7 b 1500 cut the food stamp program by $23 mil- U.S.C. 2020(e)(8)(E)) is amended by inserting lion through the year 2002. So the total Mr. LAZIO of New York. Mr. Speak- ‘‘or (20)(B)’’ after ‘‘(16)’’. appropriation for fiscal year 1997 is er, I yield back the balance of my time. (d) APPLICATION OF AMENDMENTS.—The amendments made by this section shall not $23.3 billion, $1 billion less than they The SPEAKER pro tempore (Mr. MIL- apply with respect to certification periods were in fiscal year 1996, which was $24.3 LER of Florida). The question is on the beginning before the end of the 1-year period billion. motion offered by the gentleman from that begins with the date of the enactment This bill, H.R. 1000, is designed to en- New York [Mr. LAZIO] that the House of this Act. sure that we concentrate those declin- suspend the rules and pass the bill, The SPEAKER pro tempore. Pursu- ing resources to make sure that those H.R. 28. ant to the rule, the gentleman from Or- who are in actual need get that help. The question was taken. egon [Mr. SMITH] and the gentlewoman Although the Food Stamp Act auto- Mr. LAZIO of New York. Mr. Speak- from North Carolina [Mrs. CLAYTON] matically disqualifies people who were er, on that I demand the yeas and nays. each will control 20 minutes. institutionalized from inclusion in par- The yeas and nays were ordered. The Chair recognizes the gentleman ticipating households because they re- The SPEAKER pro tempore. Pursu- from Oregon [Mr. SMITH]. ceive meals during their sentences, of- ant to clause 5 of rule I and the Chair’s Mr. SMITH of Oregon. Mr. Speaker, I tentimes the food stamp administra- prior announcement, further proceed- yield myself such time as I may tive agency is not notified that a mem- ings on this motion will be postponed. consume. ber of a household has been incarcer- f (Mr. SMITH of Oregon asked and was ated. GENERAL LEAVE given permission to revise and extend A GAO audit recently published a re- his remarks.) port which found out of four States Mr. LAZIO of New York. Mr. Speak- Mr. SMITH of Oregon. Mr. Speaker, I studied for calendar 1995, California, er, I ask unanimous consent that all rise in support of H.R. 1000, a bill that Florida, New York, and Texas, 12,138 Members may have 5 legislative days requires States to establish a system inmates were included in household within which to revise and extend their to verify that individuals detained in food stamp benefits, resulting in an es- remarks on H.R. 28. Federal, State, or county penal facili- timated $3.5 million that was not di- The SPEAKER pro tempore. Is there ties are not counted as household mem- rected to needy families. objection to the request of the gen- bers for the purposes of determining H.R. 1000 will help prevent this from tleman from New York? eligibility of the level of benefits in the happening in the future as it requires There was no objection. Food Stamp Program. States to establish a system to verify f On March 10, 1997, the General Ac- that individuals detained in Federal, PREVENTING PRISONERS FROM counting Office released a report enti- State, and county penal institutions BEING CONSIDERED PART OF tled, ‘‘Food Stamps: Substantial Over- are not counted as household members HOUSEHOLD UNDER FOOD payments Result From Prisoners for the purpose specified by the Food STAMP ACT OF 1977 Counted as Household Members.’’ As a Stamp Program. result, the General Accounting Office Mr. SMITH of Oregon. Mr. Speaker, I In fact, a database already exists for estimates that $3.5 million in food move to suspend the rules and pass the States to check. The Social Security stamp benefit overpayments were made bill (H.R. 1000) to require States to es- Administration maintains such a in the year 1995. tablish a system to prevent prisoners database, as it too is required to check The Congressional Budget Office has from being considered part of any for inmates participation. analyzed H.R. 1000 and has concluded In addition, this legislation takes household for purposes of determining requiring a verification system will re- into account the needs of the various eligibility of the household for food duce food stamp benefit overpayments States and permits them some flexibil- stamp benefits and the amount of food and save an estimated $6 million by fis- ity. Mr. Speaker, I urge every Member stamp benefits to be provided to the cal year 2003. Although States and the of this body to support this legislation household under the Food Stamp Act Federal Government will incur a slight as we consider it under suspension of of 1977. cost to establish the verification sys- the rules, so that limited funds that we The Clerk read as follows: tem in fiscal year 1998, that cost will be do have allocated to the Food Stamp H.R. 1000 more than offset in subsequent years. Program go actually to those who are Be it enacted by the Senate and House of Rep- Based on the findings and conclu- eligible and to those who are hungry. resentatives of the United States of America in sions of the General Accounting Office, Mr. Speaker, I reserve the balance of Congress assembled, I believe that the verification system my time. SECTION 1. STATES REQUIRED TO ESTABLISH SYSTEM TO PREVENT PRISONERS requirement of H.R. 1000 is a cost effec- Mr. SMITH of Oregon. Mr. Speaker, I FROM BEING CONSIDERED PART OF tive method of preventing prisoners yield such time as he may consume to ANY HOUSEHOLD UNDER THE FOOD from being counted as members of food the gentleman from Virginia [Mr. STAMP ACT OF 1977. stamp households with a minimum GOODLATTE], the chief sponsor of this (a) IN GENERAL.—Section 11(e)(20) of the burden or inconvenience on food stamp legislation. Food Stamp Act of 1977 (7 U.S.C. 2020(e)(20)) is amended to read as follows: recipients and States. Additionally, re- Mr. GOODLATTE. Mr. Speaker, I ‘‘(20) that the State agency shall establish quiring this verification will identify thank the chairman of the committee a system and take action on a periodic and reduce program fraud and increase for yielding me this time as well as for basis— the collection of benefit overpayments. his strong support for this legislation. April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1303

Mr. Speaker, I rise in support of H.R. continues to fail to establish a verifica- SMITH] that the House suspend the 1000, a bill I introduced to require tion system, the Secretary may with- rules and pass the bill, H.R. 1000. States to establish a system to verify hold a portion of the State’s adminis- The question was taken. that individuals detained in Federal, trative funds. Mr. SMITH of Oregon. Mr. Speaker, State, city, or county penal facilities Under the Food Stamp Program, one- on that I demand the yeas and nays. are not counted as household members half of the State’s administrative costs The yeas and nays were ordered. for purposes of determining eligibility are paid by the Federal Government. The SPEAKER pro tempore. Pursu- or the level of benefits in the Food Additionally, the Secretary may re- ant to clause 5 of rule I and the Chair’s Stamp Program. quest the Attorney General to seek an prior announcement, further proceed- The General Accounting Office re- injunction ordering a State to estab- ings on this motion will be postponed. cently released a report on its review lish a verification system. f of prisoners counted as household The Food Stamp Act requires that members in the Food Stamp Program. States attempt to collect overpay- GENERAL LEAVE Currently, prisoners are not permitted ments made to food stamp households. Mr. SMITH of Oregon. Mr. Speaker, I to be included in food stamp house- As an incentive to States, each State ask unanimous consent that all Mem- holds or receive food stamp benefits, retains a portion of the overpayments bers may have 5 legislative days within nor should they be. Despite this prohi- its collects. States retain 35 percent of which to revise and extend their re- bition, GAO’s limited review discov- overpayment collections resulting marks on the bill just passed. ered over 12,000 prison inmates who from intentional program violations The SPEAKER pro tempore. Is there were included in food stamp households and 20 percent of overpayment collec- objection to the request of the gen- resulting in $3.5 million in food stamp tions resulting from recipient error. By tleman from Oregon? overpayments. The bill before the identifying overpayments that have There was no objection. House today requires States to set up a previously gone undetected, the ver- f system to enforce the current prohibi- ification system required by H.R. 1000 RELEASE OF REVERSIONARY IN- tion in the Food Stamp Act. will enhance each State’s abilities to TEREST REGARDING CERTAIN I believe that the GAO report identi- identify and collect overpayments. Be- PROPERTY IN IOSCO COUNTY, fied a problem which is a significant cause States retain a portion of these MICHIGAN concern. I believe that public con- collections, any increase results in ad- fidence and support of the Food Stamp ditional funds for the States, clearly Mr. SMITH of Oregon. Mr. Speaker, I Program are undermined when a house- making this not an unfunded mandate. move to suspend the rules and pass the hold receives a higher level of food Finally, H.R. 1000 provides States bill (H.R. 394) to provide for the release stamp benefits than an identically sit- with 1 year from the date of enactment of the reversionary interest held by the uated household simply because the to comply with the provisions of this United States in certain property lo- household receiving more food stamp bill without risk of penalty. cated in the County of Iosco, MI. benefits is illegally counting an incar- Mr. Speaker, I urge my colleagues to The Clerk read as follows: cerated individual as a member, who is, support H.R. 1000. It is an important H.R. 394 after all, receiving three squares a day bill that deserves their attention and Be it enacted by the Senate and House of Rep- in the slammer. full support. resentatives of the United States of America in This concern is furthered by GAO’s Mr. STENHOLM. Mr. Speaker, food stamp Congress assembled, conclusion that a cost effective match- rules make quite clear that residents of most SECTION 1. RELEASE OF REVERSIONARY INTER- ing technique can be used to prevent institutions are not eligible to participate in the EST REGARDING CERTAIN PROP- this problem, but that many States Food Stamp Program. Yet, according to GAO, ERTY IN IOSCO COUNTY, MICHIGAN. (a) RELEASE REQUIRED.—The Secretary of have not done so. thousands of prisoners are being counted as H.R. 1000 requires States to establish Agriculture shall release the reversionary in- members of food stamp households, resulting terest of the United States in the parcel of a system to verify that individuals de- in those households receiving more food real property described in subsection (b), tained in Federal, State, or county stamps than they should. GAO has rec- which was retained by the United States penal facilities are not counted as ommended that the Food and Consumer Serv- when the property was conveyed to the household members for purposes of de- ice encourage States to implement periodic County of Iosco, Michigan, in 1960 pursuant termining eligibility or the level of computer matches of data on State and local to a deed recorded at Liber 144, beginning benefits in the Food Stamp Program. prison inmates with data on food stamp par- page 58, in the land records of the County. (b) DESCRIPTION OF PROPERTY.—The parcel H.R. 1000 allows States to avoid es- ticipants. tablishing a verification system if the of real property referred to in subsection (a) H.R. 1000 goes several steps further than consists of 1.92 acres in the County of Iosco, Secretary of Agriculture determines this recommendation. It requires States to per- Michigan, and is described as follows: that extraordinary circumstance have form such periodic verifications and also re- That part of the N.W. 1⁄4 of the S.E. 1⁄4 of made it impractical for the State agen- quires that the matches be not only of State Section 11, T. 22 N.R. 8 East., Baldwin Town- cy to obtain the information necessary and local prison inmates but of Federal in- ship, Iosco County, Michigan described as to establish such a system. I believe mates as well. It includes a provision allowing follows: Commencing at the Center of said that this exception should be invoked the Secretary of Agriculture to exempt from Section 11, thence South 89 degrees, 15′ 41″ 1 by the Secretary in rare and truly ex- this requirement any State having cir- East, along the East-West ⁄4 Line of said traordinary circumstances. An extraor- Section 11, 102.0 feet, thence South 00 degrees cumstances making it impractical to perform 08′ 07″ East, along an existing fence line, dinary circumstance would include the matches, such as a lack of a central com- 972.56 feet, thence North 89 degrees 07′ 13″ W. when a State does not have computer- puterized data base for its prison population. 69.70 feet to a point in the North-South 1⁄4 ized records of its State or county in- States will have 1 year from the date of enact- Line, thence North 02 degrees 02′ 12″ West, mate population. Under such cir- ment to comply with the new requirement. along said North-South 1⁄4 Line, 973.42 feet to cumstances, the State could have great Several States, such as Texas, already con- the Point of Beginning. difficulty establishing a verification duct such matches. Other States have plans (c) ADDITIONAL TERMS.—The Secretary system and the Secretary may be justi- to begin conducting these matches in the fu- may require such terms or conditions in con- fied in granting an exception. I would nection with the release under this section ture. This bill will provide the impetus for most as the Secretary considers appropriate to expect, however, that in such cir- States to perform periodic matches, thereby protect the interests of the United States. cumstances the exception to be nar- saving the taxpayers at least $1 million a year. (d) INSTRUMENT OF RELEASE.—The Sec- rowly tailored to address the specific It is a good bill, and I urge your support of it. retary shall execute and file in the appro- situation. Mrs. CLAYTON. Mr. Speaker, I yield priate office or offices a deed of release, If a State fails to comply with the re- back the balance of my time. amended deed, or other appropriate instru- quirements of this bill, the penalty Mr. SMITH of Oregon. Mr. Speaker, I ment effectuating the release of the rever- provisions of section 16(g) of the Food yield back the balance of my time. sionary interest under this section. Stamp Act apply. This provision pro- The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- vides the Secretary notify the State question is on the motion offered by ant to the rule, the gentleman from Or- that it is in noncompliance. If a State the gentleman from Oregon [Mr. egon [Mr. SMITH] and the gentlewoman H1304 CONGRESSIONAL RECORD — HOUSE April 8, 1997 from North Carolina [Mrs. CLAYTON] ter of controversy with anyone. I urge GENERAL LEAVE each will control 20 minutes. its adoption. Mr. SMITH of Oregon. Mr. Speaker, I The Chair recognizes the gentleman Mr. Speaker, I rise in support of H.R. 394, ask unanimous consent that all Mem- from Oregon [Mr. SMITH]. a bill I sponsored, to provide for the release of bers may have 5 legislative days within Mr. SMITH of Oregon. Mr. Speaker, I reversionary interests held by the United which to revise and extend their re- yield myself such time as I may States in certain property located in Iosco marks on the bill just passed. consume. County, MI. This bill is identical to H.R. 2670 The SPEAKER pro tempore. Is there Mr. Speaker, the bill, H.R. 394, pro- which was approved by the House in the objection to the request of the gen- vides for the release of a reversionary 104th Congress. tleman from Oregon? interest held by the United States in I want to thank the chairman of the Re- There was no objection. 1.92 acres in real property in Iosco source Conservation, Research and Forestry f County, MI. The release will facilitate Subcommittee, chaired by the gentleman from J. PHIL CAMPBELL, SENIOR, NAT- a land exchange under the Small Texas [Mr. COMBEST] and the gentleman from Tracts Act of 1983 between Iosco Coun- URAL RESOURCE CONSERVATION California, the ranking minority member [Mr. CENTER ty and a private party. DOOLEY], for their willingness to help move Mr. Speaker, Iosco County acquired this issue toward resolution. Mr. SMITH of Oregon. Mr. Speaker, I property from the United States for an move to suspend the rules and pass the In 1960 land was provided to Iosco County airport in 1960, but the Federal Govern- bill (H.R. 785) to designate the J. Phil for the construction of an airport. This land ment retained a reversionary interest Campbell, Senior, Natural Resource was provided through the Secretary of Agri- in the event that the property should Conservation Center. culture under the authority of section 16 of the be used for a purpose other than an air- The Clerk read as follows: Federal Airport Act of 1946, and in conformity port. Because of a survey error, part of H.R. 785 with Executive Order 10536 of June 9, 1954. the land, 1.92 acres, granted by the Be it enacted by the Senate and House of Rep- United States to Iosco County for the Using survey lines that had been drawn at resentatives of the United States of America in airport, has been in private use. A re- the time, one of my constituents, Mr. Otto Congress assembled, lease of the reversionary interest held Peppel, constructed a cabin on land that SECTION 1. DESIGNATION OF J. PHIL CAMPBELL, SENIOR, NATURAL RESOURCE CON- by the United States will provide the based upon the old survey he believed to be his own. A conflict in the lines of occupation SERVATION CENTER. private party clear title to the 1.92 The Southern Piedmont Conservation Re- acres. with the legal boundary lines was discovered search Center located at 1420 Experimental in a 1976 survey performed for airport expan- b 1515 Station Road in Watkinsville, Georgia, shall sion, showing that 1.9 acres that Mr. Peppel be known and designated as the ‘‘J. Phil In exchange, the private party will believed to be his were in fact the airport's. Ef- Campbell, Senior, Natural Resource Con- provide an equal parcel of land to Iosco forts to eliminate the title conflict have been servation Center’’. County. The U.S. Department of Agri- going on since that time, culminating in the re- SEC. 2. REFERENCE. culture has no objection to the enact- quest to me to introduce legislation to allow for Any reference in a law, map, regulation, ment of this bill as introduced, and I the dismissal of the reverter clause in this document, paper, or other record of the Unit- property. ed States to the building referred to in sec- urge my colleagues to support the bill. tion 1 shall be deemed to be a reference to Mr. Speaker, I reserve the balance of Local authorities and Mr. Peppel have the ‘‘J. Phil Campbell, Senior, Natural Re- my time. agreed to exchange a like amount of property sources Conservation Center’’. Mrs. CLAYTON. Mr. Speaker, I yield so that the title can be cleared. However, The SPEAKER pro tempore. Pursu- myself such time as I may consume. given that the land was given to the county by ant to the rule, the gentleman from Or- Mr. Speaker, I rise in support of H.R. the Secretary of Agriculture for public pur- egon [Mr. SMITH] and the gentlewoman 394 which provides for the release of a poses, a reverter clause exists that must be from North Carolina [Mrs. CLAYTON] Forest Service reversionary interest in quieted in order to clear the title. each will control 20 minutes. 1.92 acres of land that was conveyed to In consultation with local staff of the U.S. The Chair recognizes the gentleman the county of Iosco, MI, in 1960. The re- Forest Service, this bill was drafted to allow from Oregon [Mr. SMITH]. lease of this reversionary interest will for the clearance of this title. In further con- Mr. SMITH of Oregon. Mr. Speaker, I clear the way for an exchange by Iosco sultation with the Department of Agriculture yield such time as he may consume to County and a private landowner. In ex- and the House Agriculture Committee, the bill the gentleman from Georgia [Mr. NOR- change, the private landowner will pro- was amended last year with the agreement of WOOD], the chief sponsor, who will ex- vide a parcel of land of equal value. all parties to provide that the reversionary in- plain the bill. This legislation will correct a survey- terest of the United States is not lost, but rath- Mr. NORWOOD. Mr. Speaker, I rise or’s error. It is necessary to complete er is restored on another piece of property of today in support of H.R. 785, to des- this transfer. I support this legislation equal value. The bill before us today is iden- ignate the Southern Piedmont Con- and urge its passage by this House. tical to the one we passed last year. servation Resource Center in Mr. Speaker, I yield such time as he Given the support for the land swap from Watkinsville, GA, as the J. Phil Camp- may consume to the gentleman from the property owners, local officials, and the bell, Senior, Natural Resource Con- Michigan [Mr. BARCIA], the original Forest Service, this matter should be non- servation Center. sponsor of this bill. controversial. I urge its adoption. H.R. 785 recognizes a true visionary (Mr. BARCIA asked and was given in American agriculture, J. Phil Camp- Mrs. CLAYTON. Mr. Speaker, I have permission to revise and extend his re- bell, Senior. Mr. Campbell’s passion for no further requests for time, and I marks.) educating and training Georgia farm- yield back the balance of my time. Mr. BARCIA. Mr. Speaker, I rise in ers, his development of some of the support of H.R. 394, and I want to offer Mr. SMITH of Oregon. Mr. Speaker, I first agriculture extension services, a heartfelt thank-you to the chairman have no further requests for time, and and his service in President Franklin and the ranking minority member for I yield back the balance of my time. Roosevelt’s Department of Agriculture their assistance in bringing this bill to The SPEAKER pro tempore (Mr. MIL- are a testimony to his commitment to the floor so quickly. LER of Florida). The question is on the promoting agriculture throughout the This legislation, which will allow for motion offered by the gentleman from Nation. a like exchange of property in Iosco Oregon [Mr. SMITH] that the House sus- Mr. Speaker, I introduced this legis- County, MI, in my district, in the Fifth pend the rules and pass the bill, H.R. lation last year as H.R. 3387 which District of Michigan, to clear title on 394. passed the House by unanimous con- land that was erroneously surveyed as The question was taken; and (two- sent. This year H.R. 785 passed the private land, is identical to the bill thirds having voted in favor thereof) Committee on Agriculture and the sub- that we passed in the 104th Congress, the rules were suspended and the bill committee unanimously on a voice H.R. 2670. It is supported by the coun- was passed. vote in March. In comment on H.R. ty, the landowner, and the Department A motion to reconsider was laid on 3387, the USDA has no objection to re- of Agriculture. It should not be a mat- the table. designating the Watkinsville facility April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1305 and, according to the CBO, H.R. 785 Mrs. CLAYTON. Mr. Speaker, I yield REPORT OF DEPARTMENT OF will have no significant impact on the myself such time as I may consume. HEALTH AND HUMAN SERVICES Federal budget, contains no intergov- Mr. Speaker, I rise in support of H.R. REGARDING RADIATION CON- ernmental or private sector mandates, 785. I want to thank my colleagues TROL FOR HEALTH AND SAFETY and has no budgetary impact on State from Georgia for their work in this ef- ACT OF 1968—MESSAGE FROM or local governments. fort. Mr. CAMPBELL was certainly a THE PRESIDENT OF THE UNITED Mr. Speaker, I would like to take driving force in the agriculture com- STATES this opportunity to thank Chairmen munity in their home State of Georgia, The SPEAKER pro tempore laid be- SMITH and POMBO for their help and by the way it is also my home State, as fore the House the following message willingness to move this legislation. I well as on the national level. from the President of the United also would like to thank my eight col- With his work in extension and re- States; which was read and, together leagues who cosponsored this legisla- search activities as well as his distin- with the accompanying papers, without tion, and Mr. COVERDELL and Mr. guished service at the Soil Conserva- objection, referred to the Committee CLELAND for their help in the Senate. tion Service during the Roosevelt ad- on Commerce: I would encourage my colleagues to ministration, it is appropriate that To the Congress of the United States: support H.R. 785 and help commemo- this facility in Watkinsville be re- rate a man who dedicated his life to In accordance with section 540 of the named in his honor. Federal Food, Drug, and Cosmetic help farmers and farming communities Again I thank the gentleman from (FDC) Act (21 U.S.C. 360qq) (previously throughout Georgia and the Nation. Georgia [Mr. NORWOOD] for his biparti- section 360D of the Public Health Serv- Mr. Speaker, I rise in support of H.R. 785 to sanship and his effort in bringing forth ice Act), I am submitting the report of rename the Southern Piedmont Conservation this legislation, and I urge its passage the Department of Health and Human Research Center in Watkinsville, GA after a by this House. Services regarding the administration great pioneer in Georgia agriculture, J. Phil Mr. Speaker, I have no further re- of the Radiation Control for Health and Campbell, senior. quests for time, and I yield back the Safety Act of 1968 during calendar year James Philander Campbell was born in Dal- balance of my time. 1995. las, GA on March 2, 1878. He grew up on a Mr. SMITH of Oregon. Mr. Speaker, I The report recommends the repeal of farm and, at the age of 17, began teaching have no further requests for time, and section 540 of the FDC Act, which re- school. At a young age, J. Phil Campbell, sen- I yield back the balance of my time. quires the completion of this annual ior fought for and helped to secure legislation The SPEAKER pro tempore. The report. All the information found in to authorize agriculture instruction in Georgia's question is on the motion offered by this report is available to the Congress rural schools. In 1907, he spent 6 months the gentleman from Oregon [Mr. on a more immediate basis through the traveling throughout the State, advocating for SMITH] that the House suspend the Center for Devices and Radiological the creation of district agriculture schools and rules and pass the bill, H.R. 785. Health technical reports, the Center’s a State college of agriculture. All of this was The question was taken; and (two- Home Page Internet Site, and other done before he turned 30. publicly available sources. Agency re- Between 1908 and 1910, Mr. Campbell thirds having voted in favor thereof) the rules were suspended and the bill sources devoted to the preparation of served as the first farm extension supervisor this report should be put to other, bet- was passed. to the Southeast region. This was done before ter uses. A motion to reconsider was laid on passage of the Smith-Lever Act in 1915, which WILLIAM J. CLINTON. the table. created the Federal extension service. THE WHITE HOUSE, April 8, 1997. In 1910, he began a career as the Georgia f State agent for the U.S. Department of Agri- f culture. He also served on the staff of Georgia ANNUAL REPORT OF NATIONAL State University's College of Agriculture. Dur- GENERAL LEAVE ENDOWMENT FOR DEMOCRACY, ing his tenure, he organized nearly 13,000 FISCAL YEAR 1996—MESSAGE Mr. SMITH of Oregon. Mr. Speaker, I Georgia children in corn and canning clubs FROM THE PRESIDENT OF THE ask unanimous consent that all Mem- and 5,000 Georgia farmers into farming dem- UNITED STATES bers may have 5 legislative days in onstration work. These efforts were done The SPEAKER pro tempore laid be- which to revise and extend their re- under the supervision of Dr. Seaman Knapp at fore the House the following message marks on the bill just passed. the U.S. Department of Agriculture. from the President of the United The SPEAKER pro tempore. Is there During this time, Mr. Campbell also served States; which was read and, together objection to the request of the gen- as the Director of Extension Work in Agri- with the accompanying papers, without tleman from Oregon? culture and Home Economics. In 1933, he objection, referred to the Committee took a leave of absence to assist the agri- There was no objection. on International Relations: culture adjustment administration in its cotton f To the Congress of the United States: belt crop replenishment division. After 1935, Pursuant to the provisions of section he was elevated to a Federal position in the 504(h) of Public Law 98–164, as amended Roosevelt administration as Assistant Chief of ANNUAL REPORT OF DEPART- (22 U.S.C. 4413(i)), I transmit herewith the Soil Conservation Service in the USDA. MENT OF TRANSPORTATION, FIS- the 13th Annual Report of the National He served in that capacity until he died in De- CAL YEAR 1995—MESSAGE FROM Endowment for Democracy, which cov- cember 1944. THE PRESIDENT OF THE UNITED ers fiscal year 1996. In addition to his clear record of accomplish- STATES The report demonstrates the Na- ment in education, Mr. Campbell was also ex- The SPEAKER pro tempore laid be- tional Endowment for Democracy’s tremely interested in agriculture research and fore the House the following message unique contribution to the task of pro- maintained close ties with the agriculture ex- from the President of the United moting democracy worldwide. The En- periment stations in Georgia. He was integral States; which was read and, together dowment has helped consolidate in the creation of the Southern Piedmont Con- with the accompanying papers, without emerging democracies—from South Af- servation Research Center and in choosing its objection, referred to the Committee rica to the former Soviet Union—and site just outside of Athens and the University on Transportation and Infrastructure: has lent its hand to grass-roots activ- of Georgia. When funding for the center was ists in repressive countries—such as threatened in its first year, Phil Campbell To the Congress of the United States: Cuba, Burma, or Nigeria. In each in- fought to keep the center open and secure its As required by section 308 of Public stance, it has been able to act in ways line of funding. It exists to this day on Experi- Law 97–449 (49 U.S.C. 308(a)), I transmit that government agencies could not. mental Station Road in Watkinsville. herewith the Annual Report of the De- Through its everyday efforts, the En- Mr. Speaker, given the great contribution partment of Transportation, which dowment provides evidence of the uni- Mr. Campbell made to Georgia and the Na- covers fiscal year 1995. versality of the democratic ideal and of tion, I urge my colleagues to support H.R. WILLIAM J. CLINTON. the benefits to our Nation of our con- 785. THE WHITE HOUSE, April 8, 1997. tinued international engagement. The H1306 CONGRESSIONAL RECORD — HOUSE April 8, 1997 Endowment has received and should Brown (OH) Goode McInnis Skeen Sununu Wamp Bunning Goodlatte McIntosh Skelton Talent Waters continue to receive strong bipartisan Burr Goodling McIntyre Slaughter Tanner Watkins support. Burton Gordon McKeon Smith (MI) Tauscher Watt (NC) WILLIAM J. CLINTON. Buyer Goss McKinney Smith (NJ) Tauzin Waxman THE WHITE HOUSE, April 8, 1997. Callahan Graham McNulty Smith (OR) Taylor (MS) Weldon (FL) Calvert Granger Meehan Smith (TX) Taylor (NC) Weldon (PA) f Camp Green Meek Smith, Adam Thomas Weller Campbell Greenwood Menendez Smith, Linda Thompson Wexler RECESS Canady Gutknecht Metcalf Snowbarger Thornberry Weygand Cannon Hall (TX) Mica Snyder Thune White The SPEAKER pro tempore. Pursu- Capps Hamilton Millender- Solomon Thurman Whitfield ant to clause 12 of rule I, the Chair de- Cardin Hansen McDonald Spence Tiahrt Wicker clares the House in recess until ap- Castle Harman Miller (CA) Spratt Tierney Wise Chabot Hastert Miller (FL) Stabenow Traficant Wolf proximately 5:15 p.m. Chambliss Hastings (FL) Minge Stearns Turner Woolsey Accordingly (at 3 o’clock and 24 min- Chenoweth Hastings (WA) Mink Stenholm Upton Wynn utes p.m.), the House stood in recess Christensen Hayworth Moakley Stokes Vento Yates Strickland Visclosky Young (AK) until approximately 5:15 p.m. Clay Hefley Molinari Clayton Herger Mollohan Stupak Walsh Young (FL) f Clement Hill Moran (KS) NAYS—14 Clyburn Hilleary Moran (VA) b 1715 Coble Hilliard Morella Coburn Paul Scarborough Collins Hinojosa Murtha Hoekstra Rohrabacher Sensenbrenner AFTER RECESS Combest Hobson Myrick Hostettler Royce Souder Condit Holden Nadler Manzullo Salmon Stump The recess having expired, the House Conyers Hooley Neal Neumann Sanford was called to order by the Speaker pro Cook Horn Nethercutt NOT VOTING—21 Cooksey Houghton Ney tempore [Mr. GUTKNECHT] at 5 o’clock Costello Hoyer Northup Andrews Hall (OH) Pomeroy and 16 minutes p.m. Cox Hulshof Norwood Ballenger Hefner Schiff Coyne Hunter Nussle Bryant Hinchey Stark f Cramer Hutchinson Oberstar Carson Istook Torres Crane Hyde Obey Etheridge Kaptur Towns ANNOUNCEMENT BY THE SPEAKER Crapo Inglis Olver Filner Kilpatrick Velazquez PRO TEMPORE Cubin Jackson (IL) Ortiz Gutierrez McCarthy (NY) Watts (OK) Cummings Jackson-Lee Owens b 1736 The SPEAKER pro tempore (Mr. Cunningham (TX) Oxley GUTKNECHT). Debate has concluded on Danner Jefferson Packard Messrs. HOEKSTRA, SCARBOR- all motions to suspend the rules. Davis (FL) Jenkins Pallone OUGH, SALMON, and ROYCE changed Davis (IL) John Pappas Pursuant to clause 5, rule I, the Chair Davis (VA) Johnson (CT) Parker their vote from ‘‘yea’’ to ‘‘nay.’’ will now put the question on each mo- Deal Johnson (WI) Pascrell Mr. NETHERCUTT changed his vote tion to suspend the rules on which fur- DeFazio Johnson, E. B. Pastor from ‘‘nay’’ to ‘‘yea.’’ ther proceedings were postponed ear- DeGette Johnson, Sam Paxon So (two-thirds having voted in favor Delahunt Jones Payne lier today, in the order in which that DeLauro Kanjorski Pease thereof) the rules were suspended and motion was entertained. DeLay Kasich Pelosi the bill was passed. Votes will be taken in the following Dellums Kelly Peterson (MN) The result of the vote was announced order: Deutsch Kennedy (MA) Peterson (PA) Diaz-Balart Kennedy (RI) Petri as above recorded. H.R. 28, by the yeas and the nays; Dickey Kennelly Pickering A motion to reconsider was laid on H.R. 1000, by the yeas and nays. Dicks Kildee Pickett the table. The Chair will reduce to 5 minutes Dingell Kim Pitts f Dixon Kind (WI) Pombo the time for any electronic vote after Doggett King (NY) Porter the first such vote in this series. ANNOUNCEMENT BY THE SPEAKER Dooley Kingston Portman PRO TEMPORE f Doolittle Kleczka Poshard Doyle Klink Price (NC) The SPEAKER pro tempore (Mr. Dreier Klug Pryce (OH) RURAL MULTIFAMILY RENTAL Duncan Knollenberg Quinn GUTKNECHT). Pursuant to the provi- HOUSING LOAN GUARANTEE EX- Dunn Kolbe Radanovich sions of clause 5 of rule I, the Chair an- TENSION ACT OF 1997 Edwards Kucinich Rahall nounces that he will reduce to a mini- Ehlers LaFalce Ramstad mum of 5 minutes the period of time The SPEAKER pro tempore. The Ehrlich LaHood Rangel pending business is the question of sus- Emerson Lampson Regula within which a vote by electronic de- pending the rules and passing the bill, Engel Lantos Reyes vice may be taken on each additional English Largent Riggs motion to suspend the rules on which H.R. 28. Ensign Latham Riley The Clerk read the title of the bill. Eshoo LaTourette Rivers the Chair has postponed further pro- The SPEAKER pro tempore. The Evans Lazio Roemer ceedings. Everett Leach Rogan f question is on the motion offered by Ewing Levin Rogers the gentleman from New York [Mr. Farr Lewis (CA) Ros-Lehtinen PREVENTING PRISONERS FROM LAZIO] that the House suspend the Fattah Lewis (GA) Rothman BEING CONSIDERED PART OF Fawell Lewis (KY) Roukema rules and pass the bill, H.R. 28, on Fazio Linder Roybal-Allard HOUSEHOLD UNDER FOOD which the yeas and nays are ordered. Flake Lipinski Rush STAMP ACT OF 1977 The vote was taken by electronic de- Foglietta Livingston Ryun The SPEAKER pro tempore. The vice, and there were— yeas 397, nays 14, Foley LoBiondo Sabo Forbes Lofgren Sanchez pending business is the question of sus- not voting 21, as follows: Ford Lowey Sanders pending the rules and passing the bill, [Roll No. 72] Fowler Lucas Sandlin Fox Luther Sawyer H.R. 1000. YEAS—397 Frank (MA) Maloney (CT) Saxton The Clerk read the title of the bill. Abercrombie Bartlett Blumenauer Franks (NJ) Maloney (NY) Schaefer, Dan The SPEAKER pro tempore. The Ackerman Barton Blunt Frelinghuysen Manton Schaffer, Bob question is on the motion offered by Aderholt Bass Boehlert Frost Markey Schumer Allen Bateman Boehner Furse Martinez Scott the gentleman from Oregon [Mr. Archer Becerra Bonilla Gallegly Mascara Serrano SMITH] that the House suspend the Armey Bentsen Bonior Ganske Matsui Sessions rules and pass the bill, H.R. 1000, on Bachus Bereuter Bono Gejdenson McCarthy (MO) Shadegg Baesler Berman Borski Gekas McCollum Shaw which the yeas and nays are ordered. Baker Berry Boswell Gephardt McCrery Shays The SPEAKER pro tempore. This Baldacci Bilbray Boucher Gibbons McDade Sherman will be a 5-minute vote. Barcia Bilirakis Boyd Gilchrest McDermott Shimkus The vote was taken by electronic de- Barr Bishop Brady Gillmor McGovern Shuster Barrett (NE) Blagojevich Brown (CA) Gilman McHale Sisisky vice, and there were—yeas 409, nays 0, Barrett (WI) Bliley Brown (FL) Gonzalez McHugh Skaggs not voting 23, as follows: April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1307 [Roll No. 73] Payne Sanford Sununu CONGRATULATING HANNIBAL, MO Pease Sawyer Talent YEAS—409 Pelosi Saxton Tanner The SPEAKER pro tempore. Under a Peterson (MN) Scarborough Tauscher Abercrombie Dixon Kennedy (RI) previous order of the House, the gen- Peterson (PA) Schaefer, Dan Tauzin Ackerman Doggett Kennelly tleman from Missouri [Mr. HULSHOF] is Petri Schaffer, Bob Taylor (MS) Aderholt Dooley Kildee Pickering Schumer Taylor (NC) recognized for 5 minutes. Allen Doolittle Kim Pickett Scott Thomas Mr. HULSHOF. Mr. Speaker, I would Archer Doyle Kind (WI) Pitts Sensenbrenner Thompson Armey Dreier King (NY) like to congratulate a vibrant city in Pombo Serrano Thornberry Bachus Duncan Kingston Porter Sessions Thune the Ninth Congressional District of Baesler Dunn Kleczka Portman Shadegg Thurman Missouri, Hannibal, MO, for its selec- Baker Edwards Klink Poshard Shaw Tiahrt tion to the semifinals of the National Baldacci Ehrlich Klug Price (NC) Shays Tierney Trust for Historic Preservation 1997 Barcia Emerson Knollenberg Pryce (OH) Sherman Torres Barr Engel Kolbe Quinn Shimkus Traficant Great American Main Street Awards. Barrett (NE) English Kucinich Radanovich Shuster Turner The Great American Main Street Barrett (WI) Ensign LaFalce Rahall Sisisky Upton Awards recognize exceptional accom- Bartlett Eshoo LaHood Ramstad Skaggs Vento plishments in revitalizing America’s Barton Evans Lampson Rangel Skeen Visclosky Bass Everett Lantos Regula Skelton Walsh historic and traditional downtowns and Bateman Ewing Largent Reyes Slaughter Wamp neighborhood commercial districts. Becerra Farr Latham Riggs Smith (MI) Waters Hannibal, MO, has demonstrated a Bentsen Fattah LaTourette Riley Smith (NJ) Watkins very active public and private partici- Bereuter Fawell Lazio Rivers Smith (OR) Watt (NC) Berry Fazio Leach Roemer Smith (TX) Waxman pation in this revitalization process. It Bilbray Flake Levin Rogan Smith, Adam Weldon (FL) enjoys broad-based community sup- Bilirakis Foglietta Lewis (CA) Rogers Smith, Linda Weldon (PA) port, success in boosting the economy Bishop Foley Lewis (GA) Rohrabacher Snowbarger Weller Blagojevich Forbes Lewis (KY) Ros-Lehtinen Snyder Wexler and, more importantly, preservation of Bliley Ford Linder Rothman Solomon Weygand the uniquely historic buildings. Blumenauer Fowler Lipinski Roukema Souder White Mr. Speaker, the goal of the Hannibal Blunt Fox Livingston Roybal-Allard Spence Whitfield Main Street Program is a revitalized Boehlert Frank (MA) LoBiondo Royce Spratt Wicker Boehner Franks (NJ) Lofgren Rush Stabenow Wise program area. The Hannibal Main Bonilla Frelinghuysen Lowey Ryun Stearns Wolf Street Program has continued to pro- Bonior Frost Lucas Sabo Stenholm Woolsey mote economic development within the Bono Furse Luther Salmon Stokes Wynn Borski Gallegly Maloney (CT) Sanchez Strickland Yates context of historic preservation. It has Boswell Ganske Maloney (NY) Sanders Stump Young (AK) established a strong partnership with Boucher Gejdenson Manton Sandlin Stupak Young (FL) others in the community to create a Boyd Gekas Manzullo Brady Gephardt Markey NOT VOTING—23 wide range of support. The Hannibal Brown (CA) Gibbons Martinez Andrews Gutierrez Mollohan Main Street Program has a contract Brown (FL) Gilchrest Mascara Ballenger Hall (OH) Pomeroy with the city for professional services. Brown (OH) Gillmor Matsui Berman Hefner Schiff Bunning In addition, both the public and private Gilman McCarthy (MO) Bryant Hinchey Stark Burr schools provide a volunteer work force Gonzalez McCollum Carson Istook Towns Burton Goode McCrery Ehlers Kaptur Velazquez for downtown cleanup days. Service Buyer Goodlatte McDade Etheridge Kilpatrick Watts (OK) clubs donate time and supplies, sponsor Callahan Goodling McDermott Filner McCarthy (NY) Calvert Gordon McGovern festivals and parades as well as provid- Camp Goss McHale So (two-thirds having voted in favor ing volunteers. A number of local fi- Campbell Graham McHugh thereof) the rules were suspended and nancial institutions participate in low- Canady Granger McInnis Cannon Green McIntosh the bill was passed. interest loan programs. This truly is, Capps Greenwood McIntyre The result of the vote was announced Mr. Speaker, a community that comes Cardin Gutknecht McKeon as above recorded. together. Castle Hall (TX) McKinney In just 6 years, Hannibal Main Street Chabot Hamilton McNulty A motion to reconsider was laid on Chambliss Hansen Meehan the table. has had a significant, positive eco- Chenoweth Harman Meek f nomic impact. It has experienced a net Christensen Hastert Menendez gain of 103 new businesses as well as 414 Clay Hastings (FL) Metcalf REPORT ON RESOLUTION PROVID- new jobs created. Building sales have Clayton Hastings (WA) Mica Clement Hayworth Millender- ING FOR CONSIDERATION OF MO- skyrocketed and the number of vacan- Clyburn Hefley McDonald TIONS TO SUSPEND THE RULES cies has plummeted just in the last Coble Herger Miller (CA) couple of years. Coburn Hill Miller (FL) Mr. SOLOMON, from the Committee Collins Hilleary Minge on Rules, submitted a privileged report Mr. Speaker, many of us in this Combest Hilliard Mink (Rept. No. 105–45) on the resolution (H. Chamber might recognize Hannibal as Condit Hinojosa Moakley Res. 107) providing for consideration of the home of the American Classics au- Conyers Hobson Molinari thor, Mark Twain. To some, Mark Cook Hoekstra Moran (KS) motions to suspend the rules, which Cooksey Holden Moran (VA) was referred to the House Calendar and Twain and Hannibal, MO, are insepa- Costello Hooley Morella ordered to be printed. rable. To the lovers of Mark Twain, Cox Horn Murtha Hannibal has become a shrine. Thanks Coyne Hostettler Myrick f Cramer Houghton Nadler to Hannibal Main Street, all families Crane Hoyer Neal SPECIAL ORDERS across America will be able to continue Crapo Hulshof Nethercutt The SPEAKER pro tempore (Mr. to experience Mark Twain and his his- Cubin Hunter Neumann tory through Hannibal’s historic pres- Cummings Hutchinson Ney HOBSON). Under the Speaker’s an- Cunningham Hyde Northup nounced policy of January 7, 1997, and ervation and economic revitalization. Danner Inglis Norwood under a previous order of the House, I am here today, Mr. Speaker, to sa- Davis (FL) Jackson (IL) Nussle the following Members will be recog- lute the residents of Hannibal, MO. It Davis (IL) Jackson-Lee Oberstar is cities like Hannibal that represent Davis (VA) (TX) Obey nized for 5 minutes each. the best that America has to offer. Deal Jefferson Olver f DeFazio Jenkins Ortiz Congratulations, Mr. Speaker, and to DeGette John Owens The SPEAKER pro tempore. Under a Hannibal, MO, on a job well done. Delahunt Johnson (CT) Oxley previous order of the House, the gentle- DeLauro Johnson (WI) Packard f woman from Texas [Ms. JACKSON-LEE] DeLay Johnson, E. B. Pallone TRIBUTE TO DR. DEBRA PHILLIPS Dellums Johnson, Sam Pappas is recognized for 5 minutes. Deutsch Jones Parker [Ms. JACKSON-LEE of Texas ad- The SPEAKER pro tempore. Under a Diaz-Balart Kanjorski Pascrell dressed the House. Her remarks will previous order of the House, the gen- Dickey Kasich Pastor Dicks Kelly Paul appear hereafter in the Extension of tleman from Illinois [Mr. SHIMKUS] is Dingell Kennedy (MA) Paxon Remarks.] recognized for 5 minutes. H1308 CONGRESSIONAL RECORD — HOUSE April 8, 1997 Mr. SHIMKUS. Mr. Speaker, I rise islature divided the township of Wind- Over the coming months West Wind- today to pay tribute to Dr. Debra Phil- sor, which was once a part of the Wil- sor has a number of events planned to lips of Golden, IL. Last month, Dr. liam Penn land grant, into East and celebrate its bicentennial. Shows, fes- Phillips was named the Illinois Rural West Windsor. tivals, concerts, and parades will run Health Practitioner of the year by the At the time West Windsor was part of throughout the year. I applaud the ef- Illinois Rural Health Association. Dr. Middlesex County, but in the 1830’s forts of the dedicated volunteers, elect- Phillips received this award in recogni- West Windsor was again divided, tak- ed officials such as Mayor Frascella, tion of her outstanding care, involve- ing about 8 square miles away to form and the local business owners that are ment in the community and her lasting a part of what is now Princeton Town- committed to sharing the past and pre- contribution to the rural health care ship. After the Revolutionary War, the serving the future of this town. Their system in Illinois. township became part of Mercer Coun- pride and optimism for the future is Raised in rural southeast Iowa, Dr. ty, which was named in recognition of what sets West Windsor apart. Phillips knows the benefit of rural General Mercer, a Revolutionary War I am proud to represent this commu- health care providers. After finishing hero. nity in the U.S. Congress. If the next her undergraduate and medical edu- As we look back on the past 200 200 years are anything like the first 200 cation at the University of Iowa, Dr. years, we discover that West Windsor years, we can expect to continue to see Phillips did her residency in family has been home to some significant oc- great things from this Mercer County practice. In the late 1980’s, Dr. Phillips currences in our Nation’s military his- community. Congratulations to the developed a model practice for a rural tory. The turning point in the Revolu- people of West Windsor Township. area. Working with Southern Illinois tionary War, the Battle of Princeton, f University and Blessing Hospital in which became the Battle of Trenton, RAISING TAXES WILL NOT HELP Quincy, IL, which I visited last week, was fought in West Windsor Township. AMERICA’S CHILDREN she helped to create the East Adams Years later during World Wars I and II, County Rural Health Clinic in May it was the agricultural products of the The SPEAKER pro tempore. Under a 1991. Today this clinic serves a rural township, its fruits and vegetables, previous order of the House, the gen- population of 7,200 people. Since the that were sent to Fort Dix to feed our tleman from Florida [Mr. nearest hospital is 30 miles away, this troops. SCARBOROUGH] is recognized for 5 min- rural clinic is vital to the health and A great deal has changed in West utes. well-being of many people. I am very Windsor over the past 200 years. The Mr. SCARBOROUGH. Mr. Speaker, happy to report that Dr. Phillips still dreams and spirit that once fought a earlier this morning I heard many floor spends half her time caring for patients war are helping to lead the township speeches from people on the other side at this facility. In addition, she is the into the new century. Today the town- of the aisle talking about how much Associate Professor of Clinical Family ship of 27 square miles is home to many they love children and how they want Practice at the SIU School of Medi- high-tech businesses. to create a new layer of bureaucracy cine, where she is also the Associate West Windsor continues to grow and and raise more taxes on the American Director of the Quincy Family Practice thrive as a community of new residents people to help children. Center residency program. and businesses and industry. Just re- I found this to be very interesting, to There are 15 current physicians in cently Raytheon chose West Windsor say the least, considering that these this residency program. Dr. Phillips as the location for its engineering divi- same people that have been so inter- also spends a considerable amount of sion. Raytheon will join NycoMed, ested in helping children across this time teaching resident physicians and Berlitz, LogicWorks, and Bristol Myers country have over the past 40 years ac- medical students in the area of rural Squibb as companies that have chosen cumulated a $5.6 trillion debt. In the health care. She has been influential in the township as their place of business. name of helping children and helping helping to promote rural health and These businesses, like its people, con- farms and helping businesses, actually encouraging physicians to practice in tinue to be on the cutting edge. what they have done is, they have put rural areas. Additionally, Dr. Phillips But even as West Windsor continues us in a position where our children’s is a medical director of three nursing to move toward the future and corpora- future has been mortgaged at a $5.6 homes in rural Adams county and even tions continue to choose it as their trillion price tag. practices medicine out of her farm- home, the township remains commit- A lot of people ask, in my town hall house after hours. ted to preserving its past. While many meetings, what does this really mean? communities in America struggle be- How much is $5.6 trillion? And this b 1800 tween the desire to entice businesses Easter, as I was going across the dis- As if that was not enough, Dr. Phil- and a willingness to preserve open trict, I decided to give them this exam- lips is married to Duane Phillips, and space, West Windsor has certainly ple: the mother of two children, 9-year-old found a balance. If you made a million dollars every Katherine and 6-year-old Jacob. The town has worked hard to main- day, from the day that Jesus Christ I would like to take this special op- tain the quality of life and the environ- was born 2,000 years ago, a million dol- portunity to recognize Dr. Phillips for ment of the community. Forty percent lars every day for 2,000 years, you her tireless work and congratulate her of all the land in the township is des- would not make enough money to pay for receiving this award. I look forward ignated as nonbuildable open space. I off our Federal debt. If you made a mil- to her advice and counsel as we move am told that Mayor Tom Frascella’s lion dollars every day for the first 2,000 forward in addressing rural health care goal is to increase the percentage of years and then made a million dollars issues. But most of all, I would like to open space to 50 percent. It is the peo- every day from today until the year thank Dr. Phillips for her dedication to ple of West Windsor over the years, its 4000 A.D. and added all that up, you the rural residents of Illinois. service organizations and elected offi- still would not have enough money to f cials, that have been responsible for pay off our Federal debt. In fact, you the current growth and prosperity that would still be $1.6 trillion short. TRIBUTE TO WEST WINDSOR the township enjoys. Now, that is the debt that we are TOWNSHIP It is not surprising that in all that passing on to my 9-year-old boy, my 6- The SPEAKER pro tempore. Under a has happened in the past, and in rec- year-old boy, and to future genera- previous order of the House, the gen- ognition of the positive direction that tions, and yet we still have more lib- tleman from New Jersey [Mr. PAPPAS] they are headed for in the future, New erals saying we need to tax more, we is recognized for 5 minutes. Jersey Monthly Magazine recognized need to spend more, we need to create Mr. PAPPAS. Mr. Speaker, today I West Windsor as one of the 15 best com- bureaucracies to help the children. The join with the people of West Windsor munities in New Jersey, and Philadel- fact is that we are actually stealing Township, NJ, in celebrating the town- phia Magazine also recognized the money from their pockets. ship’s bicentennial. It was on this day township as one of the 15 best commu- Their argument comes down to this. 200 years ago the New Jersey State leg- nities in suburban Philadelphia. They love children so much that they April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1309 are going to steal more money from amples of bad weather that our State the 1930’s what it was like to have to children to help children. I just do not has ever seen, and yesterday the Presi- undergo extreme weather cir- follow that. dent declared South Dakota a disaster cumstances that strike at the very Now, what will it mean to our chil- area. heart of our livelihood. So in this par- dren 20, 30 years from now if we con- I think everybody at home would ticular year we hope that we can get tinue to tax and spend just at the level agree with that declaration. In fact, it through it. We appreciate very much that we are taxing and spending at makes official what we in South Da- those from around our country who now? Forget about new programs that kota have known for a good long time, have recognized the need, have been they are proposing, but what if we just and that is that we are facing an enor- there to help. stay on the path that we are on right mous disaster. I have invited the Secretary of now? Now our State is eligible for individ- Transportation to come out to look at Well, Senator BOB KERREY, who had a ual assistance; 44 of the 66 counties are our roads and our bridges, our infra- great Commission on Entitlements, eligible for public assistance, as well. structure, and to see the destruction ended up recognizing that our children Through all this, the people in our firsthand. The severity of the problem 30 years from now would be paying a great State of South Dakota have cannot be contained, and we have tax rate of 89 percent. Eighty-nine per- shown themselves to be loyal, hardy, asked the rest of the Nation to recog- cent. What that means is that for every generous, and courageous. I think it nize the need that is in my State of dollar my boys make 20 years from speaks well to the pioneer stock from South Dakota, in North Dakota, sur- now, they are going to have to pay 89 which we come, the spirit that they rounding States, and to help us find cents of it to Washington, DC; 89 cents have shown, neighbor helping neighbor. the resources that we need to get out of every dollar they earn will go to I have been in my State and had the through this. Washington, DC, in Federal taxes. opportunity to see firsthand the devas- As we do that, I am certainly hopeful And yet these same people who are tation that has been wreaked by these that as we go through the process of supposedly defenders of children are storms. The city of Watertown, 50,000 balancing the budget, and frankly, Mr. saying they are going to pay for this people evacuated. Many homes will not Speaker, if we were able to balance our kiddie care, this new program, by rais- receive power. The power has been shut budget, we would have about $245 bil- ing taxes more. I guess the past is pro- off and the utilities have been shut off. lion more in interest payments that we logue. Tax and spend, tax and spend, They may not receive water for 6 make that we could dedicate to this tax and spend, tax and spend. It is all weeks time. important cause. So we recognize the Little town of Leola, S.D., power they know. It is all they have ever need for fiscal responsibility in this went out on Sunday. They have been known. It is all they will ever know. country but also the need to help those without heat and water for 2 days and They can wear children’s ties, they who cannot help themselves. they have had to rely upon each other. can come on the floor and talk about We are very grateful that our Nation Each morning they wake up praying how much they love kids, they can talk has banded together and has recognized for heat while they face another day of about how much they love my boys and the extreme circumstances and weath- cold. your children and your grandchildren er conditions we are having in South We have seen repeated examples, Dakota, and I want to credit my peo- by starting these new programs, but countless examples throughout our ple, the folks in my home State who the one thing they cannot do is, they State. The little town of Lemmon, have weathered this storm, continuing cannot erase the fact that they have which received 24 inches of snow, and to show the incredible spirit, the in- already bankrupted future generations, with the snow and the winds, 60-mile- credible fortitude for which we are and they want to come back for more an-hour winds on Saturday, lost all known and for which we continue to and more and more and more. their power and the only way they survive. We are $5.6 trillion in debt. That is could get around was with 4-wheel- Mr. Speaker, the great State of South Da- an unmistakable fact. Nobody can drives. kota has endured floods, we've endured bliz- shake their heads on that and say it is We have seen the damage to the in- zards, we're endured high winds, ice storms, not so, because it is. We are $5.6 tril- frastructure in our State, the road sys- and power outages. But right now we're en- lion in debt. Democratic Senator BOB tem. Nineteen State Highways are un- during all of the above simultaneously. It's one KERREY tells us our children are going derwater. U.S. highway 281 in the of the most savage and bizarre example of to be paying 89 percent in taxes 20 Redfield area is under 12 feet of water. bad weather seen in South Dakota in the last years from now. So we have some enormous chal- 500 years. We either take care of the problem lenges when it comes to repairing the Yesterday, the President declared the State today or we selfishly leave our children damage that has been done to our in- of a major disaster. Everyone at home agrees with an America where it is impossible frastructure, our agricultural produc- wholeheartedly with that assessment and I to pursue the same American dream ers, who have already received and ex- would like to thank the President at this time that my parents and my grandparents perienced unprecedented damages to for recognizing the scope and severity of our left for me. My late grandfather their livestock herds. The question of problem. South Dakota is now eligible for indi- worked through the Depression to keep spring planting is in serious doubt. Our vidual assistance. The President has also his family afloat. He served in World ranchers who have gone through the made 44 of 66 counties immediately eligible War II, the Korean War, and gave his blizzards of winter, now as calving sea- for public assistance, all of which is greatly life so I could pursue the American son comes around have to deal with the needed. dream. That is the least that I can do spring weather and trying to get their I'd like to take the next few minutes to ex- for my children. calf crop to come through in spite of plain why. I'd also like to take this opportunity f the conditions that surround them. to show the Nation the kind of people I'm here These are the types of things that STATE OF SOUTH DAKOTA IS DE- to represent. have been happening in my State. In Throughout this disaster the people of South CLARED A MAJOR DISASTER the last 2 weeks I have had the oppor- Dakota have shown themselves to be loyal, AREA tunity to view it firsthand, and I want hardy, generous, and courageous. They've The SPEAKER pro tempore. Under a to credit the administration, the Presi- shown the mettle of the pioneers stock we previous order of the House, the gen- dent, for recognizing the needs, for de- spring from. They've shown that it takes more tleman from South Dakota [Mr. claring South Dakota, the Dakotas, a than blinding snow, rising water, snapped THUNE] is recognized for 5 minutes. disaster area. I would hope that as we power poles, and freezing temperature to keep Mr. THUNE. Mr. Speaker, the State can make our way through all this, neighbors from helping neighbors. So for the of South Dakota has endured floods, we that as we look to each other, and we next few minutes, I'd like to show you all the have endured blizzards, we have en- have seen countless examples of the devastation Mother Nature is creating in my dured high winds, ice storms and power Dakota experience, it has been no aber- State, and the courage South Dakotans are outages, and right now we are enduring ration. using to face her. all of the above simultaneously. It is I recall my father telling me as he Places I've been and people I have seenÐ one of the most savage and bizarre ex- grew up in the Depression-era days of Mr. Speaker, on the recent 2-week break I H1310 CONGRESSIONAL RECORD — HOUSE April 8, 1997 had an opportunity to witness firsthand the ef- HighwaysÐAs of this morning, 19 sections downed lines are mired in snow, mud, and forts South Dakotans were making in anticipa- of State and U.S. highways were deemed im- water. Only four wheel drive vehicles can navi- tion of the flood. Thanks to the spirit and for- passable and closed to traffic. Several other gate the mud. titude of our State's leaders, important efforts roads have water flowing over their surface. Some people may be waiting in the cold to prevent serious damage were initiated One stretch of U.S. 281 just south of Redfield until this weekend before temperatures are re- weeks in advance of the terrible recent events. near Tulare was under 12 feet of water. stored. Thousand of people are waiting by The Governor has done an excellent job of co- SDDOT expects to give notice of intent to their grandparents old kerosene lamps for the ordinating State, Federal, and local efforts to apply for Emergency Relief [ER] funds this return of heat and light. Approximately 1,500 control flooding. Unfortunately, some of these week. Inspections by FHWA, SDDOT officials people lost power in the community of efforts failed. will get an assessment of damages to roads Wakpala; 25 South Dakotans lost electricity in James River ValleyÐincluding dikes built in and bridges. Those surveys will be turned in the city of Cam-Wal; and 700 people were the Aberdeen area; Huron; Mitchell; Yankton. to FHWA to determine the level of assistance. without power in the town of Long Lake. In Mitchell, I visited with Shawn and Darcie ER funds can be used for Federal aid high- These are just South Dakota rural electric Winthers who run Sioxland Camp. And their ways and bridges. FEMA funds can be used customers. All across the State, South Dako- father Don McLean. High winds had blown the for local roads and bridges that receive no tans are making do, waiting for the power to roof off of a dormitory there. In Pierre, I met Federal funds. be restored. In Redfield, flooding has restricted access with city officials and with the Southeast Pierre CLOSING Homeowners Association. Approximately 200 from many directions. A portion of U.S. 281 Although flood waters continue to saturate homes have experienced flooding conditions. south of the town is under 12 feet of water. our State with misery, our citizens are holding The city has worked with the Army Corps of The winter blizzards escalated fiscal year together. The Dakota spirit is no aberration. Engineers to build a dyke to help divert an 1997 highway maintenance costs to $25.7 mil- Though frigid and soaked to the bone it is un- overflow of water out of this neighborhood. lion. The State budgeted $5.2 million. FEMA mistakably clear during these trying times. WatertownÐspoke with Mayor Brenda Barger thus far has provided $3 million to the State. Every day neighbor helping neighbor endure today where at one point 5,000 people were The proposed temporary increase to the State hardshipÐneither knowing which needs help forced to evacuate their homes and take up gas tax would have generated between $15 the most. temporary residence with friends, in hotels, and $16 million. I think of the stories I've been told about the and in even in a public exposition building. Rail, Air and TransitÐDM&E and several areas of the State-owned line have been Dirty ThirtiesÐabout the devastation the PEOPLE PERSEVERING washed out by flooding. In Sioux City, State- drought unleashed upon the Midwest. People LeolaÐThe power went out Sunday at 1:00 owned line used by BNSF, 900 feet of track who had lost all hope found that it was faith a.m. They lost water Sunday night at 8:30 was buried by 20 feet of soil that slid off of a that would get them through. Many South Da- p.m. They've been without heat and water for bluff. In 1993, $1.6 million was provided for kotans find themselves in similar situations 2 days. They wear stocking caps, mittens, and rail assistance as a result of flooding. Figures today. They are finding their faith provides the winter jackets to bed as they try to fall asleep for this year are not yet available. Several only solid foundation to be found. under the bulk of six or seven blankets. The small airports may need assistance as a result I have witnessed the destruction first hand. temperature fell to 15 below last night. Every of flooding and excessively cold temperatures. I have observed children and grandparents morning they wake up, praying for heat while AGRICULTURE working side-by-side attempting to restrain the they face another day of cold. forces of nature. They are doing everything During the day, people gather at the local Ranchers are braced to take some heavy livestock losses, especially among newborn they can, but those efforts haven't always fire hall where a generator provides the com- calves. This latest blizzard hit right at calving been enough. The severity of the problem munities only heat. They're pumping water time. cannot be contained. That is why South Da- from the fire truck to take care of basic needs. Longtime rancher, Bud Jones from Caputa, kota and our neighbors must come to the rest The local cafe is staying open during this dis- SD, said he has lost an undetermined number of the NationÐto ask them to do for us, that aster so people can eat. The cafe has a pro- of new calves when windsÐestimated at 50 to which we cannot do for ourselves. It is our job pane grill and it's the only place in town where 70 mph from Wyoming across western South here in Washington to look at our resources you can get a warm meal and a hot cup of DakotaÐchilled calves already soaked by rain and find a way to meet those most urgent coffee. that turned to heavy wet snow. needs. WatertownÐ5,000 people were forced to On top of that, more than 20 yearlings died evacuate their homes in the midst of a raging The Federal Government has limited re- trapped in a deep snow drift along South Da- sources. I am convinced we can find the blizzard. It will be days or even weeks before kota Highway 44. That's just what shows stick- people are able to get into their homes, look means to address our most urgent spending ing out of the snow. It could be a week or priorities. at the damage, dry things out, make repairs, more before the drift melts and reveals what and move back in. In the meantime, they're lies buried underneath. f living with friends, relatives, in hotels, and in Bitter winds have compelled some cattle to shelters set up in the local county ag building. quit good shelter and drift into water holes to LemmonÐIn Lemmon, SD, they got 24 stand in deep slush and suffer hypothermia. FEDERAL GOVERNMENT NEEDS TO inches of snow and had 60-mile-an-hour winds It is too early to estimate the effects this will BALANCE ITS BUDGET on Saturday. That's also the day they lost their have on spring planting, but it is safe to say The SPEAKER pro tempore. Under a power. Volunteers used snowmobiles, pay our spring crops are in jeopardyÐit is too wet previous order of the House, the gen- loaders, and four wheel drive vehicles to move to plant anything. tleman from Georgia [Mr. KINGSTON] is the snow and move people trapped in freezing ELECTRICITY recognized for 5 minutes. homes. This disaster is a giant disaster made up of Mr. KINGSTON. Mr. Speaker, yester- The mayor told me they came to the home many smaller catastrophes. day I drove over to Cousin Artie and of an 89-year-old woman. They asked her if The storm started with rain on April 4. Late Rebecca’s house to pick up my daugh- she could ride a snowmobile. She said sure on the 5th that rain started to freeze. Then the ter Anne, who had walked to their she could ride a snowmobile, though it would wind started gusting to over 60 miles per hour. house after ballet. Anne’s first cousin be the first time she'd ever done it. People Mother Nature whipped the frozen lines until and best friend is Arabella Hadwin. were taken to the nursing home and the local they swayed and snapped and poles broke in And Arabella came out; she was wear- fire hall were a generator created heat. Others half and toppled. ing an Indian costume. Kind of leather. were taken to private homes with wood-burn- To make matters worse, a blizzard blew in Actually, fake leather with frills on it. ing stoves. Neighbors took in neighbors to after the rain. It wasn't safe to stay home be- It had Pocahontas’s picture on it. make sure everyone had shelter from the cause there was no heat. It wasn't safe to go So I said to 6-year-old Arabella, storm. out because of zero visibility on every road ‘‘Arabella, do you know today is TRANSPORTATION QUICK FACTS and highway. Then the flood waters started to Pocahontas’s wedding day?’’ Yesterday, I invited USDOT Secretary Rod- rise. ney Slater to survey damage to the State's Given all these problems it's impossible to b 1815 transportation infrastructure. He has yet to get say when power may be restored again. a response from Slater, but is hopeful that the Dedication and perseverance are the only She looked at me, and I could tell in Secretary will take him up on the invitation. tools that work under the circumstances. The that little 6-year-old mind she was April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1311 thinking, and she said, ‘‘She’s dead.’’ make $1 trillion? Thirty-three thou- with any of my colleagues, whether And I said, ‘‘Well, you’re right, Poca- sand years, just to make $1 trillion. they are Republicans or Democrats, if hontas is dead, but this is the day that Another definition. If you have a box- they want to lower taxes for families she got married on a long, long time car full of thousands of dollar bills and for individuals. We need to lower ago, many years ago.’’ Then Arabella crammed to the top, you have $65 mil- taxes for families and individuals in said, ‘‘Oh, you mean she got married on lion in the boxcar. Do you know how the United States. At the same time, Monday?’’ And I said, ‘‘Well, no, she long the train would have to be, Mr. we need to have a fair taxation policy really got married on April 7.’’ Speaker, to get to $1 trillion? The which balances off our revenue-gather- But it is funny how kids interpret train, with boxcars of $65 million each, ing operation by raising the taxes on things when we talk to them. You would have to be 240 miles long to get corporations that have had their taxes never quite know when they are listen- to $1 trillion. And we, the big spenders lowered a great deal. ing or how they are listening and so in Congress, have left a debt, are look- The problem is that we are taxing forth. But I enjoy talking to children, ing at a debt right now of $5.1 trillion. families and individuals too harshly. I enjoy talking to small kids and to Yet the sad thing is we still have defi- Families and individuals are paying seniors in high school and college kids cit spending. We still are spending too much because corporations are and so forth. One of the things I often more of our allowance money than we paying too little. We need to maintain ask small kids in schools, ‘‘How many bring in. The children of America will certain services. We need to maintain of you have an allowance?’’ Inevitably be picking up this money. It will take certain functions of Government. I am half the class has an allowance. ‘‘What years and years to pay down this debt. all in favor of downsizing Government, do you make?’’ Two or three dollars a But the first step is to balance the I am in favor of Government getting week. Some of them make $5. Some of budget. We have not had a balanced smaller, but there are certain basics them are well-heeled, I guess, they budget since 1969, which, as you re- that must be paid for and we must tax make $10 a week. I said, ‘‘Let me ask member, was when Woodstock was the in order to do that. So let us not over- you this. You make $10 a week, how big thing and everybody wanted to get simplify and determine that we can much do you spend?’’ And they always out of Vietnam and Richard Nixon was lower taxes all over the place. We need kind of giggle, ‘‘Well, I spend a little President and the ‘‘Mod Squad’’ was on to balance off our revenue-gathering bit of it but my dad and mom like me TV. That is how long it has been, Mr. operation by guaranteeing that cor- to save some so I don’t spend all of it.’’ Speaker. The time is now to stop this. porations pay their fair share. ‘‘Let me ask you this. You make $2 a This Congress, this year, let us pass a week; do you ever spend $2.10?’’ They balanced budget and get on to save the For example, in 1943, and I have said look at me like I am crazy. ‘‘Do you United States of America for our chil- this before, corporations were paying ever spend $2.25?’’ ‘‘No.’’ ‘‘Do you ever dren. almost 40 percent of the total income spend $2.50?’’ At this point they know I The SPEAKER pro tempore (Mr. tax burden in this country, in 1943. Twenty-seven percent of the total in- am crazy, and they are wondering what GUTKNECHT). Under a previous order of the heck is this guy talking about. I the House, the gentleman from Penn- come tax burden in 1943 was paid by in- dividuals and families. That is quite a say, I am your Member of the U.S. Con- sylvania [Mr. GEKAS] is recognized for 5 gress. Did you know that the U.S. Con- minutes. difference. Corporations, as we see, gress also has an allowance? We call it were paying the greater amount. In [Mr. GEKAS. addressed the House. tax revenue, and we get a certain 1983, however, the amount of taxes His remarks will appear hereafter in amount a year; sometimes it is about being paid by corporations under Ron- the Extensions of Remarks.] $1.3 trillion. But do you know what we ald Reagan’s administration fell to as do? We grownups, we professional men f low as 6 percent, from 1943’s high of 40 and women who are paid to represent The SPEAKER pro tempore. Under a percent to 6 percent in 1983. That is you and spend your money, we spend previous order of the House, the gen- what happened to corporations in more of that allowance than we make. tleman from California [Mr. BONO] is terms of their share of the income tax. You send us $1.3 trillion and we spend recognized for 5 minutes. At the same time that corporations $1.5 trillion. It seems to be the case, [Mr. BONO. addressed the House. His fell, went down from this 40 to 6 per- Democrats or Republicans, we over- remarks will appear hereafter in the cent, individual and family taxes rose spend. Extensions of Remarks.] from 27 to 48 percent. There was a These kids cannot believe it. These f swindle there somewhere that the kids, who have such innocent faces and American people really were not aware such belief in mom and dad and the The SPEAKER pro tempore. Under a of. Corporations went as low as 6 per- United States of America look at me in previous order of the House, the gen- cent. Today corporations are still pay- disbelief. Why would you spend more tleman from California [Mr. RIGGS] is ing only 11 percent of the total tax bur- money than you bring in? Why would recognized for 5 minutes. den. [Mr. RIGGS. addressed the House. His you spend more than your allowance? Individuals went as high as 48 per- remarks will appear hereafter in the How can you spend that? And then we cent in 1983. Individuals and family Extensions of Remarks.] talk about the national debt and it is a taxes are still up there at 45 percent. very real problem. It is not something f We have a gross inequity. The share of that, well, this is an amusing story to taxes paid by corporations is only 11 talk about my niece Arabella. This is TAX EQUITY FOR INDIVIDUALS AND CORPORATIONS percent while the share paid by individ- truth. This is reality. When Members uals and families is over four times of Congress go out and they try to be The SPEAKER pro tempore. Under that amount, 45 percent. the big mom or dad spending all the the Speaker’s announced policy of Jan- money, expanding social programs, uary 7, 1997, the gentleman from New U.S. tax policy must be reset. Cor- talking about we need this for the York [Mr. OWENS] is recognized for 60 porations must pay their fair share. United States of America, they are not minutes as the designee of the minor- And the special interest tax loopholes spending their own money, they are ity leader. must be closed. In America, the richest spending little children’s money. I see Mr. OWENS. Mr. Speaker, today is country in the world, it is unspeakable today in the gallery some children. April 8. We are just 1 week away from that our families are forced to bear the Guess whose tab they will be picking April 15, the tax day that is dreaded by brunt of the burden of taxation. up in the future? most Americans. In the past, my col- What we need to take a close look at Our debt, Mr. Speaker, right now is leagues on the other side have talked is how corporations got from 40 percent $5.1 trillion. Let me give the definition about taxes and the need to lower taxes of the income tax burden down to 6 per- of $1 trillion. Shaq, the famous basket- for American families. I am one Demo- cent, and now are at 8 percent. What ball player, Shaquille O’Neal, makes crat on this side of the aisle that happened? Public policy made by Mem- $30 million a year. Do you know how agrees with those who want to lower bers of Congress. The Members of Con- many years he would have to play to taxes for American families. I agree gress did that to individuals and to H1312 CONGRESSIONAL RECORD — HOUSE April 8, 1997 families. They raised the taxes on indi- army, even their military is paid late, You know, my father very seldom viduals and families while they were they cannot pay the people who are due had to pay taxes. He always filed the lowering the taxes on corporations. their pensions, they cannot maintain form though. My father never worked Some people, of course, will contend their public facilities like hospitals, on the job where he earned more than that corporations should not pay any because in the collapse of the society, minimum wage, and he had eight chil- taxes or that rich people should not they have not been able to get back to dren. So eight children and the deduc- pay taxes greater than poor people or the point where they can generate tions for that plus minimum wage, and corporations or entities which generate enough revenue to pay for the cost of often he was laid off during the year. It profits for rich people; therefore, we running the society. It would be a ter- was a very difficult life, I assure you. are only persecuting the rich. Well, I rible thing if in America we suddenly Minimum wage at that time was quite am not going to get into all the theo- could not collect taxes, if people just low and still is relatively speaking. So ries of taxation, but I think that those decided they are not going to pay their we never had to pay taxes. We had to who have the most benefit the most taxes, the government cannot go and file a form. He was always terrified to from Government, those that have the collect taxes. That would be a terrible make certain that the form got filed on most gain the most from our military, thing, I think we would all agree. time. our Army, our Navy, our Marines. It is I suppose that most of the people lis- The law impresses poor people, all there to defend what we have, and tening to me think that is an absurd uneducated people, a great deal. They those that have the most to defend cer- notion. How could that ever happen? do not want to disobey the law no mat- tainly ought not be reluctant to pay a Americans are obedient people who ter what the stereotypes might lead greater share of the tax burden: Those care about their government and they you to believe. The people who have who own the most, those who have care about the law. We do not care most respect for the law, and there is most at stake. about the IRS. Nobody likes to pay fear involved in respect too, you know, If our society were to collapse, let us taxes, nobody is going to pretend that are the poorest people. So they never say we are not facing any threat from they enjoy paying taxes, but by and disobey. If you go to one of those tax any outside force, we do not need the large Americans pay their taxes, espe- offices where people are sitting waiting Army, the Navy, and the Air Force to cially middle-class Americans, espe- to deal with their tax problems, you protect us, the danger is not there. The cially low-income Americans. I would will see not the wretched of the Earth, danger may come from somewhere suggest to anybody who wants to see but the anxious of the Earth. Some of within. If the society structure col- who the IRS works with most, go to the most anxious people in our society lapsed, if there were no law and order, any tax office in the area where people will be there and they are not middle- no rules and regulations, then who have been summoned down, summoned class professionals and they are not would lose the most? The people who down to negotiate or discuss or to be rich people, but they are poor people. are the greatest beneficiaries of law told about the need for them to pay So it is a serious matter. April 15, a and order, of Government, of codes, of some more taxes, something was wrong serious matter in 80 percent of the laws, they are the ones who are the or something is being challenged. I American households, taken very seri- richest, they would lose the most. This have been to those offices a few times ously. is not a far-fetched example or not a and I am always surprised that they I am sure that any American citizen far-fetched statement. Take a look at are filled up with people who are obvi- would be appalled at the notion that the Soviet Union if you want to see a ously poor. The poorest people are al- there are certain people who blatantly failed society. In modern times you had ways in the Internal Revenue offices refuse to pay their taxes, certain pow- a society totally collapse, not as a re- waiting to have something ajusted, erful people in powerful places in pow- sult of any outside force. The Soviet waiting to have the summons explained erful institutions who just refuse to Union was not conquered by an outside to them, and they usually end up hav- pay their taxes. They disobey the In- power. The Soviet Union collapsed ing to find some way to pay the small ternal Revenue Code. I think most from within. And the total of that soci- amount of taxes that they owe, rel- Americans would be appalled if I said ety, the great majority of the people atively speaking, sometimes quite that they do it and nobody challenges were losers as a result of a collapse of small in terms of our global economy, them. IRS, that pursues some of my what they had and the failure to re- in terms of the income made by mid- poor constituents for a few hundred build anything else even until today. dle-class people, but it is a large dollars, has not bothered to pursue cer- One of the big problems in the Soviet amount for a poor person to have to tain corporations that blatantly refuse Union right now is that they cannot pay; but they are there, and they com- to obey the Tax Code. collect taxes. The big problem right ply with the law. The middle class What am I talking about? Well, I was now is that the Government makes a complies with the law. here a few weeks ago to introduce a budget, the Government makes poli- I do not know which President said letter that I had written to the Inter- it, whether it was Nixon or Reagan, but cies, and the Government cannot pay nal Revenue Commissioner. I wrote there was a memo issued by one of the the pensions of the people who deserve this letter and I circulated it and I Presidents at the time when the Inter- pensions, the old folks who I guess they talked to my colleagues about it, and I nal Revenue was having some problems would be receiving it in the Soviet think we have about 30 Members of with the staff and they wanted to show Union, it is not the Soviet Union now, Congress who have signed this letter to that they did not need more staff, I it is Russia; in Russia they will be re- the Internal Revenue Commissioner, think, they said that Internal Revenue ceiving the equivalent of Social Secu- the Honorable Margaret Milner Rich- should not waste so much time with rity. They do not make the Social Se- ardson. corporations and the very rich. curity payments on time. In fact, they Now I heard Ms. Richardson is leav- are 3 and 4 months behind on making b 1830 ing after the tax season is over. She is Social Security payments and pensions They required a lot of time. You have resigning, but she is still there. So we to workers and other equivalents of So- to negotiate with them. You have to addressed the letter to Commissioner cial Security payments. The amounts chase them down. You have to figure Richardson. are very small, so you have people lit- out very complex sets of books and Now that was February 12, 1997. You erally starve as a result of not being records. know March 12 has come and gone. able to receive their money that is due They said, ‘‘Go after the middle That is a month. Now April 12 is ap- them from the government because the class. You ought to improve tax collec- proaching. That will be 2 months, and government is collapsed. tion, going to bring the money in. Go the Commissioner of Internal Revenue Despite the fact that they have a after the middle class. They are obedi- Service has not bothered to answer 30 semblance of a government, one of the ent, they are compliant, they are patri- Members of Congress. We sent her a big things they have not been able to otic.’’ letter which reads as follows, and I will do is to collect taxes. The reason they So the middle class pays its taxes, just tell you what it is about. It is cannot pay workers who have govern- and I am sure that the same thing ap- about sections 531 to 537 of the Internal ment jobs on time, they cannot pay the plies to poor people. Revenue Code. We want to know from April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1313 the Commissioner of Internal Revenue, dividends to the shareholders. They are gressional Black Caucus of trying to who will not let most Americans get buying back their own stock. The pat- pinpoint corporate welfare. away with more than a single dime out tern is such that we know they are not We have a lot of talk about welfare there—they will chase down people who being penalized. Why would they ask for poor children and welfare for poor owe taxes, and that is the way it for a 39.6-percent penalty? mothers, and we have been outraged at should be. I mean we got a law, obey So we asked the Commissioner of In- the pennies that they might have the law. It generates the revenue that ternal Revenue to tell us what is hap- misspent and we have done something runs the country. Nobody wants to be pening with section 531, 537. about that. A lot of people feel happy in a position where we contribute to Dear Commissioner Richardson: My about it. A lot of people out there are the collapse of our country by disobey- colleagues in Congress who have joined suffering needlessly because we reck- ing the laws and having widespread dis- me in signing this letter are very much lessly wiped out the entitlement for obedience that leads to the failure to concerned about a major loss of Fed- needy children in the process, and I collect the revenue we need to run the eral tax revenues resulting from the will not go into that in great detail. country. failure of the Internal Revenue Service Let us just talk about what corpora- So why does Commissioner Richard- to apply against giant corporations the tions are getting away with, what cor- son allow certain corporations to dis- unreasonable accumulation of surplus porate welfare is all about, and this is obey the law? Section 531 to 537, Inter- provisions of sections 531 to 537 of the just one piece in the corporate welfare nal Revenue Code, says simply that Internal Revenue Code. We believe that setup. corporations in America are not al- the IRS could and should immediately This is the most outrageous piece be- lowed to buy back their own stock ex- assess section 531 penalties on the more cause this is a situation where you do cept for certain stipulated purposes. If than $275 billion that America’s largest not need any new laws. Congress does they do not use it for reinvestment, to corporations have spent to buy their not have to go back and close some give stock options and certain things, own stock in 1994, 1995, and 1996. These loopholes that it made. No, the law al- they just buy back their stock and penalties at 39.6 percent would total ready says they have to pay a penalty store it away, hoard it. It is illegal. over $100 billion. Total buybacks by if they violate the law, but they are The corporations are supposed to dis- corporations are reported to have risen not doing that. tribute the dividends of their profits from $20 to $35 billion per year in 1990 So we asked the Internal Revenue and not use their profits to buy their to 1993 to $70 billion a year in 1994, just Commissioner, getting back to the let- own stock. under $100 billion in 1995, and probably ter, and I quote the letter: Now, they say that this originated over $110 billion in 1996. We ask you this: Is there not here because there were certain closely held Stock buybacks by America’s largest and in dozens of similar cases a clear- corporations, family corporations, and public corporations are all the rage cut case for immediate assessment of they were avoiding the payment of these days according to the financial the 39.6-percent penalty on all amounts taxes by buying back their own stock. media. These enormous buybacks dem- used for stock buybacks? Is there any That was where the idea originated, onstrate that America’s largest cor- need to get into an elaborate discus- and for that reason the notion has been porations are accumulating profits and sion of reasonable needs of businesses generated that this only applies to earned surplus far beyond the reason- as envisioned by sections 533 and 537? family corporations, closely held cor- able needs of their businesses and in To be specific, these corporations are porations, but it does not. virtually every case they are paying paying very small dividends amounting Congress made that clear in 1984. In dividends that are a small fraction of to a small fraction of their earnings. 1984 Congress wrote in a statement in their earnings, often less than 20 per- Their capital spending and other cash the Internal Revenue Code which says cent. requirements are amply covered by that this provision applies to all cor- For example, in the 2 years, 1955 to their nonearnings cash flow. They are porations. This provision applies to all 1956, IBM earned about $9 billion or $21 spending a substantial part of their corporations. Section 531 and 537 of the plus per share. Now this amount is paid earnings, in some cases all or more Internal Revenue Code applies to all out in common dividends of only $1.4 than all, to buy back their own stock. corporations. It is very interesting billion, which is $2.80 per share instead Therefore, since prima facie, the sur- that Congress said you cannot do this, of $21 per share. All of the rest of what plus they have used to buy their own it is against the law. But they did not IBM profited and then some went to stock has been accumulated beyond the say anybody would be put in jail. After buy its own stock back. In 1995, $5.5 bil- reasonable needs of the business, the all, you are dealing with America’s lion was bought back, $4.6 billion com- 39.6-percent penalty should be assessed. powerful corporations, I guess, and mon, and $870 million for preferred Our study of earnings statements, they are not like the little guy out stock, and $2.3 billion in the first half cash-flow statements and balance there who can go to jail for not paying of 1996, with a 2-year total probably of sheets leads us to conclude that in his taxes. Corporations will not be put $10 to $11 billion. And it is true IBM many cases the 39.6-percent penalty in jail; there is no penalty written into has a multibillion dollar capital spend- might reasonably be applied to even law. The law says they will be penal- ing program, but this is much more larger amounts than the stock buyback ized though; the penalty will be a stiff than amply covered by its huge addi- amounts, but that would trigger an ex- one: 39.6 percent of the amount that tional cash-flow of $10 to $12 billion for tended discussion of needs of business you illegally buy back you must pay to that same 2 years from sale of capital and other considerations. the Government. That is a pretty stiff assets and from items that are de- It seems to us that our suggestion penalty; 39.6 percent is the penalty for ducted on the earnings statement but has the virtue of elegant simplicity. buying back your own stock illegally. do not involve cash outlays, principal You spend a billion dollars on stock Have they invoked that penalty? It depreciation, amortization, and defer- buybacks, your penalty is 39.6 percent could be that they have and we know ral of income taxes. or $396 million. It is that simple. We nothing about it because the negotia- Now if you are getting bored then I expect the Commissioner could do this tions and the workings of the Internal can understand that, but we are talk- in a 1-page notice or a 2-page notice. It Revenue Service are secret. They are ing to the Commissioner of Internal is up to the businesses to prove that confidential. So there may be corpora- Revenue, and these are statements they have not violated sections 531 to tions that have violated this law and that are simplified about as much as 537. We suggest penalties for 1994 to been penalized and we do not know you can simplify it in order to explain 1996 because it was during this period about it. what we are talking about, and we also that public company stock buybacks But we find a pattern, a pattern in at the same time have to make the exploded to 12 figure totals. You know, corporate America, which says to us Commissioner of Internal Revenue un- in 1984 the law was amended and made that they are not being penalized be- derstand we are serious, we have done clear that you cannot do this. So we cause many, many large corporations our home work, we have done the re- had a long period where corporations— are buying back their own stock ille- search. This is part of a larger program I am sure they have the best legal ad- gally instead of distributing them as of the Progressive Caucus and the Con- vice in the world—when they looked at H1314 CONGRESSIONAL RECORD — HOUSE April 8, 1997 the law and then decided we better not challenged in the Supreme Court, by capital spending program, but this is much touch this—and that is true now of the way, but it is of no consequence more than amply covered by its huge addi- many, many corporations. Many of the now because this de facto moratorium tional cash flow of $10–12 billion for the two Fortune 500 are not buying back their on applications to public companies years, from sale of capital assets and from items that are deducted on the earnings stock, and many corporations are not ended abruptly in 1985. statement but do not involve cash outlays, buying back their stock. Congress, in the Revenue Act of 1984, principally depreciation, amortization and The question is, If it is such a lucra- amended the statute by adding section deferral of income taxes.) tive, desirable venture for some, why 532(c), and I quote section 532(c), which We ask you this. Is there not here, and in have they not all done it and why are was added in 1984 by this body. Quote, dozens of similar cases, a clear cut case for they not all doing it? My speculated the application of this part to a cor- immediate assessment of the 39.6% penalty answer is that their legal advisers tell poration shall be determined without on all amounts used for stock buybacks? Is them it is against the law, you are regard to the number of shareholders of there any need to get into an elaborate dis- going to be penalized, and they are such corporation, end of quote. cussion of reasonable needs of the business as envisioned by sections 533 and 537? watching to see over the years as they Please understand, Commissioner, that this is a simple request from To be specific: (1) These corporations are go by whether any of their fellow cor- paying very small dividends, amounting to a porations, and some cases they are elected representatives of the Amer- small fraction of their earnings. (2) Their competitors, are going to be penalized. ican people that your office imme- capital spending and other cash require- There is a great, great benefit to the diately take steps to enforce the law. ments are amply covered by their non-earn- corporation in accumulating vast We look forward to an early response ings cash flow. (3) They are spending a sub- hordes of cash. from the Internal Revenue Service. stantial part of their earnings (in some And it is signed by 30 Members of Con- cases, all, or more than all) to buy their own b 1845 gress. stock. One of the things they do, that may Now, if the Internal Revenue Service Therefore, since prima facie the surplus also be illegal, because in the process Commissioner feels she can do nothing they have used to buy their own stock has of buying back their own stock, one to enforce the law, the least she can do been accumulated beyond the reasonable could argue that they are manipulating needs of the business, the 39.6% penalty is respond to the Members of Congress should be assessed. Our study of earnings the market. One could argue that when and say, ‘‘I cannot do anything to en- statements, cash flow statements, and bal- you buy back your own stock, you are force the law.’’ ance sheets leads us to conclude that in raising the price, keeping the price ar- We have gotten absolutely no re- many cases the 39.6% penalty might reason- tificially high, and therefore you are sponse, 30 Members of Congress, in 2 ably be applied to even larger amounts than manipulating the market, but I will months. We have gotten absolutely no the stock buyback amounts. But that would not get into that. I will leave that for response. We want to put the Commis- trigger an extended discussion of needs of others. sioner on notice that we will not ac- the business and other considerations. Mr. Speaker, to get back to the letter cept that, and I want to submit this It seems to us that our suggestion has the to the Commissioner, a letter to the letter again in its entirety for the virtue of elegant simplicity: ‘‘You spent a Commissioner of the Internal Revenue billion dollars on stock buybacks. Your pen- RECORD: alty is 39.6% or $396 million.’’ We suspect Service, we suggest penalties for 1994 CONGRESS OF THE UNITED STATES, that the Commissioner could do this in a to 1996, because it was during this pe- HOUSE OF REPRESENTATIVES, one-page notice—or two pages at most. riod that public company stock buy- Washington, DC, February 12, 1997. We suggest penalties for 1994–96 because it backs exploded to 12-figure totals. In Hon. MARGARET MILNER RICHARDSON, was during this period that public company addition, we are not clear as to wheth- Commissioner, stock buybacks exploded to 12-figure totals. er the statute of limitations would bar Internal Revenue Service, In addition, we are not clear as to whether these penalties for 1993 and earlier Washington, DC. the statute of limitations would bar these DEAR COMMISSIONER RICHARDSON: My col- penalties for 1993 and earlier years. Even if it years. Even if it does, we suspect that leagues in Congress who have joined me in many 1993 and earlier corporate re- does, we suspect that many 1993-and-earlier signing this letter are very much concerned corporate returns are still open while other turns are still open while other issues about a major loss of federal tax revenue re- issues are being discussed and negotiated. In are being discussed and negotiated. In sulting from the failure of the Internal Reve- this connection, we ask you to take note of this connection we ask that you take nue Service to apply against giant corpora- the fact that, while the dramatic surge in note of the fact that while the dra- tions the unreasonable-accumulation-of-sur- stock buybacks began in late 1994, some very matic surge in stock buy-backs began plus provisions of sections 531–537 of the In- large amounts were spent many years ear- ternal Revenue Code. lier. in late 1994, some very large amounts We believe that the IRS could—and Several giant corporations have been buy- were spent many years earlier. should—immediately assess section 531 pen- ing back their stock for ten years or more. Several giant corporations have been alties on the more than $275 billion that buying back their stocks for 10 years or America’s largest corporations have spent to As you know, the unreasonable-accumula- more, over the last 10 years or more. buy their own stock in 1994, 1995, and 1996. tion-of-surplus penalty provisions have been in the income tax law since it was adopted in As you know, the unreasonable accu- These penalties at 39.6% would total over 100 billion dollars. Stock buybacks by America’s 1913. Despite the fact that the statute as mulation of service penalties provi- originally enacted (and re-enacted a couple sions have been in the income tax law great public corporations are all the rage these days, according to the financial media. of dozen times in successive revenue acts) since it was adopted in 1913. It was first Total buybacks by corporations are reported made absolutely no distinction between pub- put into law in 1913. Despite the fact to have risen from $20–35 billion per year in licly-owned and private companies, the prac- that the statute as originally enacted, 1990–93 to $70 billion in 1994, just under $100 tice and the general understanding was oth- and reenacted a couple of dozen times billion in 1995 and probably over $110 billion erwise. As Mr. Justice Harlan put it in 1969, in successive revenue acts, made abso- in 1996. quoting (or paraphrasing) Bittker and Eustice, ‘‘In practice, the provisions are ap- lutely no distinction between publicly These enormous buybacks demonstrate clearly that America’s largest corporations plied only to closely-held corporations, con- owned and private companies, the prac- trolled by relatively few shareholders.’’ (U.S. tice and the general understanding was are accumulating profits and earned surplus far beyond the reasonable needs of their v Donruss, 393 U.S. 297). otherwise. businesses, and in virtually every case they However, this de facto moratorium on ap- As Mr. Justice Harlan put it in 1969, are paying dividends that are a very small plication to public companies ended abruptly paraphrasing Bittker and Eustice, and fraction of their earnings, often less than in 1985. Congress in the Revenue Act of 1984 I quote from the decision, in practice, 20%. For example, in the two years 1955–56, amended the statute by adding section 532(c), the provisions are applied only to IBM earned about $9 billion, or $21.00 plus ‘‘The application of this part to a corpora- closely held corporations controlled by per share. Of this amount, it paid out com- tion shall be determined without regard to relatively few shareholders. This was a mon dividends of only about $1.4 billion (2.80 the number of shareholders of such corpora- tion.’’ decision that was rendered by a re- per share). All of the rest—and then some— went to buy its own stock, $5.5 billion in 1995 Please understand, Commissioner, that gional court way back in 1969, which ($4.6 billion common and $870 million Pre- this is a simple request from elected rep- noted that in practice that is what ferred) and $2.3 billion in the first half of resentatives of the American people that happened. However, this de facto mora- 1996, with the two-year total probably $10–11 your office immediately take steps to en- torium, and that decision was never billion. (True, IBM has a multi-billion dollar force the law. April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1315 We look forward to an early response from These figures were generally obtained from 6 In its 1995 annual report, American Express said, ‘‘Some shareholders the Internal Revenue Service. have asked why we are repurchasing shares rather than increasing our divi- each corporation’s published annual and dend as we did in years past. We believe that most shareholders prefer Sincerely Yours, quarterly earnings reports covering 1994, 1995 gains in stock price to receiving dividends because those payments are tax- MAJOR R. OWENS, and 1996. Figures marked ‘‘EST.’’ were esti- able annually. Member of Congress. mated by taking the actual reported figures We are coming close to April 15 when And the following additional Members of for 1994, 1995 and the first half or three quar- all Americans have to pay their taxes. Congress: ters of 1996 and adding an estimate for the It is time to take a look at which rest of 1996. The figures are net buybacks; George E. Brown, Bernie Sanders, Donald Americans, which institutions, which Payne, Peter A. DeFazio, Maurice that is, the dollar amount of total buybacks Hinchey, Matthew g. Martinez, Sheila has been reduced by the dollar amount of organizations are so powerful that they Jackson-Lee, Juanita Millender shares issued in the same year under option thumb their nose at the tax law. Where McDonald, Lynn C. Woolsey, Eleanor and similar programs. will this take us if other organizations Holmes Norton, Maxine Waters, and other entities decide they are just Corrine Brown, Dennis J. Kucinich, STOCK BUYBACKS BY 40 LARGE CORPORATIONS IN 3 not going to obey some provision in the Carrie R. Meek, Cynthia McKinney, YEARS 1994–96 Tax Code? John Lewis, John Conyers, Jr., Lane There are those who disagree with Evans, James E. Clyburn, Melvin Watt, IRS penalties @ 39.6 Net buybacks percent me, of course. They have the obvious Ronald V. Dellums, Bennie Thompson, course of action, asking Congress to Patsy T. Mink, Alcee L. Hastings, Earl General Motors 1—initi- ...... change the Tax Code. The Committee F. Hilliard, Elijah Cummings, Danny ated buybacks in K. Davis, Chaka Fattah, Louis Stokes, 1997. on Ways and Means could go to work Eni Faleomavaega, IBM ...... $9.0–9.5 billion est .... $3.6–3.8 billion est. and change the Tax Code tomorrow, duPont ...... 5.408 billion ...... 2.141 billion. Mr. Speaker, I want to go a little fur- General Electric 2 ...... 5.193 billion ...... 2.056 billion. next week. If the Tax Code does not ther today, however, than just what we Philip Morris ...... 5.0–5.4 billion est ...... 2.0–2.16 billion est. make sense, that item in there which Coca Cola 3 ...... 3.8–4.0 billion est and 1.5–1.6 billion est. did before. We submitted this letter; we an additional $6.0 has been in there since 1913, which was submitted a ‘‘Dear Colleague’’ letter billion est in 1984– revised and made clear in 1984, it does 93. before; we also submitted a statement Wells Fargo Bank ...... 3.1–3.3 billion est ...... 1.2–1.3 billion est. not make sense, take it out. which gives all the legal background BankAmerica ...... 3.0 billion est ...... 1.2 billion est. Do not ask the American people, 80 Chrysler 4 ...... 2.930 billion ...... 1.16 million est. percent who are not part of the cor- for our contention that section 531 to Dow Chemical ...... 2.8–3.0 billion est ...... 1.1–1.2 billion est. 537 is not being enforced. All that has Citicorp ...... 2.0–2.4 billion est ...... 800–960 million est. porate elite, to pay their taxes, obey Intel ...... 1.856 billion ...... 735 million. the Code, suffer all kinds of harass- gone before. Now I want to go one step Merrill Lynch ...... 2.0–2.4 billion est ...... 800–960 million est. further and submit for the RECORD a Pepsico ...... 1.4–1.7 billion est ...... 560–680 million est. ments, in their opinion, and have to list of corporations that are in viola- Anheuser Busch ...... 1.5–1.6 billion est ...... 600–640 million est. deal with living up to the letter of the Merck ...... 1.2–1.6 billion est ...... 480–640 million est. tion of section 531 to 537: Disney ...... 1.0–1.5 billion est ...... 400–600 million est. law, because if you have an Internal MANY CORPORATIONS ARE USING ACCUMU- Microsoft 5 ...... 1,162 billion ...... 460 million. Revenue audit, they will tell you, the Hewlett Packard ...... 1,076 billion ...... 426 million. LATED PROFITS TO BUY BACK STOCK RATHER guy sitting there will tell you, ‘‘It is Kellogg ...... 1.1–1.3 billion est ...... 440–520 million est. THAN TO PAY DIVIDENDS TO STOCKHOLDERS J.P. Morgan ...... 1.0–1.2 billion est ...... 400–480 million est. my job to enforce the law. I do not Hundreds of American corporations are 3M ...... 1.0–1.1 billion est ...... 400–440 million est. have any discretion. You can weep if using their accumulated profits, which ap- Reebok ...... 1.0–1.1 billion est ...... 400–440 million est. American Express 6 ...... 1.0–1.1 billion est ...... 400–440 million est. you wish, but I have to enforce the law. parently are not needed in their businesses, Amoco ...... 800–950 million est ... 320–360 million est. You have to go out and get a third job? to buy back their shares rather than to pay Bank of New York ...... 800–900 million est ... 320–360 million est. But I have to enforce the law. You can- dividends. It is estimated that buybacks in Norfolk Southern ...... 800–900 million est ... 320–360 million est. three years 1994, 1995 and 1996 may have to- Eastman Kodak ...... 800–900 million est ... 320–360 million est. not pay your mortgage? I am sorry, I Caterpillar ...... 700–900 million est ... 280–360 million est. have to enforce the law.’’ talled $300 billion or more. McDonalds ...... 600–800 million est ... 240–320 million est. Many of these corporations have issued Hershey ...... 400–500 million est ... 160–200 million est. So what we are talking about here as statements indicating that the purpose of Keycorp ...... 400–500 million est ... 160–200 million est. we approach April 15, tax day, is a situ- the buybacks was and is to have shares Coca Cola Enterprises .. 400–450 million est ... 160–180 million est. Campbell Soup ...... 296 million ...... 117 million. ation where there are several sets of available for issuance under employee stock Kimberly Clark ...... 200–300 million est ... 80–120 million est. corporations that in finite, dollar and purchase plans, executive stock options, Weyerhauser ...... 200–300 million est ... 80–120 million est. cents terms, are not obeying the law, stockholder dividend reinvestment plans and Xerox ...... 200–300 million est ... 80–120 million est. for conversion of convertible securities. This Wal-Mart ...... 200 million + est ...... 80 million + est. are not obeying the law. General Mills ...... 187 million ...... 74 million. is an appropriate and valid reason for stock IBM is a major offender. IBM is a buybacks, but many corporations have 1 General Motors, which had severe financial problems in the early 1990s, major offender. Most of the figures I has recently seen some improvement. On January 27, 1997, the GM board am going to quote cover 3 years, 1996, bought back two times, or three times, or authorized a buyback totalling $2.5 billion. five times as many shares as they needed for ‘‘Some analysts had expected a bigger buyback, but Mr. J. Michael Losh, 1995, and 1994. The IBM figures that we these purposes. (In one case, 16 times.) [executive vice president and chief financial officer] argued that GM wanted have cover only 2 years because IBM in to carry out its buyback program quickly, and that $2.5 billion was the big- We have not been able to find an authori- one year just decided they would not tative and accurate tabulation of stock gest buyback it thought it could complete in 12 months or less.’’ (Wall Street Journal, 1/29/97.) do it any more. They would not do it, buyback activity, which is being conducted On March 13, 1997, the Wall Street Journal reported, ‘‘. . . Mr. Losh told by hundreds of publicly-owned American cor- analysts that GM was halfway through at $2.5 billion stock repurchase pro- they skipped a year, so there are no gram. . . . The rapid pace of the stock buyback left some speculating that 1995 buy-backs. They resumed in 1996. porations. Reports in the financial media in- GM might announce an additional buyback by the end of the year.’’ dicate that buybacks may have totalled $300 According to the New York Times of January 28, 1997, ‘‘While GM occa- So the figures for IBM are 2-year fig- billion or more for the three years 1994–1996. sionally purchased slightly more shares in the late 1980s than it reissued, ures. These are net figures. When I say When the total buyback amount is reduced today marks the first time that GM has announced a program to buy back stock so as to reduce the number of outstanding shares, said James J. Finn, net figures, I mean a corporation can by subtracting issuance of shares under op- a GM spokesman. Back in the 1950s and 1960s, when GM held half the buy back its stock for certain purposes. tion and other programs, it would appear American auto market and was strongly profitable, the company chose to that net buybacks totalled $150 billion to share the proceeds with shareholders through special dividends rather than They can distribute stock options. repurchase shares. There are certain things they can do. $250 billion in the three years 1994–96. 2 GE said, in its 1996 annual report, ‘‘Record cash flow allowed us to re- If the Internal Revenue Service assessed turn more than $6 billion to shareowners: $3.1 billion dividends and $3.3 When we take away those purposes, the 39.6% penalty (on accumulation of cor- billion in the repurchase of GE stock.’’ they have an amount left that just porate profits beyond the reasonable needs of 3 This company is separate from the Coca Cola Company; although Coca Cola owns 44% of its stock. This company is a major Coke bottler account- goes into the treasury of the corpora- the business, as mandated by Sections 531– ing for just over 50% of all Coke product sales in the U.S. tion. It is hoarded. It is hoarded money 4 537 of the Internal Revenue Code) on this Chrysler said, in its 1995 annual report, ‘‘We’re even prouder of what that was not distributed to the share- $150–250 billion of net buybacks, it could we’ve been doing to increase the long-term value of your investment in Chrysler. After all, as one of our shareholders told us recently, ‘We didn’t holders. produce $60 billion to $100 billion of addi- give you our money to have you simply turn around and give it back to tional Federal tax revenue in 1997. us.’ ’’ I also want to point out, some might The table that follows shows buyback ac- 5 William H. Gates owns about 24% of Microsoft. The corporation pro- have surmised that in our economy, we tivity by 40 large corporations, but note that jected future capital expenditures, as of June 30, 1996, of $293 million. Its net income was $2.2 billion in fiscal 1996 ending June 30, and $1.36 billion talk about the engine of our economy these are not the 40 largest U.S. corpora- in the six months ending December 30, 1996. Its cash and equivalents in- are small businesses, the engine of our tions. At the top of the Fortune 500 as pub- creased from $4.75 billion on June 30, 1995 to $6.94 billion on June 30, economy are consumers. If the corpora- lished in April, 1996 are a number that have 1996 and $9.16 billion on December 31, 1996. The last figure amounted to 71.6% of assets. tions distributed all of their different apparently not bought stock back yet: Exxon Although it did not need capital, the corporation raised $980 million in (#3) AT & T (#5), Mobil (#8), Texaco (#14), late 1996 through the sale of convertible preferred stock, and it said that dividends as they should to the share- and Sears (#15) for example. Ford (#2) is ex- ‘‘proceeds from the offering are expected to be used to repurchase common holders, you would have a much more shares.’’ Wall Street analysts expressed the view that the real purpose of pected to start this year according to Wall the offering was to provide a dividend-paying security for some investors prosperous economy. You would have Street rumor. who want dividends, since Microsoft paid no common dividend. more dynamism in the economy. All of H1316 CONGRESSIONAL RECORD — HOUSE April 8, 1997 those people out there who did not get statistical mistake or some aberration. Chrysler had a quote in its 1995 an- back their dividends would have their They have all kinds of explanations. nual report. Chrysler said, ‘‘We’re even dividends, and they would either rein- So I have had some colleagues of prouder of what we’ve been doing to in- vest them themselves or invest them in mine, members of the central Brooklyn crease the long-term value of your in- some other business or go and spend it. Martin Luther King Commission, vestment in Chrysler. After all, as one Our economy is driven by consumer which is an organization dedicated to of our shareholders told us recently, spending, so let us not look down our improving education in central Brook- ‘We didn’t give you our money to have noses at consumer spending, but we lyn, to go out to the central Brooklyn you simply turn around and give it suspect that people who have large schools where my district is located back to us.’’’ That is an interesting amounts of dividend returns coming and actually go around to the schools shareholder that does not want the will then reinvest it in some way, but and check on overcrowding, and they money back. They do not want a return they will reinvest it in their own way. found some interesting things. The on their investment. A monolithic corporation should not overcrowding is definitely there, but Dow Chemical, $2.8 to $3 billion in sit there and hold the money, hoard it, the principals have been brainwashed buybacks, $1.1 to $1.2 billion would be hold it in their treasury chest. into believing it is not there. the penalties. So IBM is a major offender. More They will tell you the school is not Citicorp, $2 to $2.4. billion, $800 to than $9 billion, close to $10 billion, $9.9 overcrowded. Then you ask a question: $960 million would be the penalty. billion in a 2-year period. That is what ‘‘When this school was built, what was Intel, $1.856 billion, the penalty their net is. After you take away the the capacity?’’ And they will give you would be $735 million. legitimate buy-backs, you have almost a figure that is one-half of the number Merrill Lynch, $2 billion, the penalty $10 billion which yields, in terms of of enrollment. A school built for 900 would be $800 million. penalties, $3.8 billion, almost $4 billion. youngsters has 2,000, and they say Pepsico, $1.4 to $1.7 billion, the pen- The penalties, when you are assessing there is no overcrowding. Well, what alty would be $560 to $680 million. Anheuser-Busch, $1.5 to $1.6 billion, penalties at the rate of 36.9 percent, kind of arithmetic is that? that means a lot of money. If the law They say there is no overcrowding, the penalty would be $600 to $640 mil- was enforced, IBM would owe $3.8 bil- but if you ask them, ‘‘How many lunch lion. Merck, $1.2 to $1.6 billion, the pen- lion or more to the Government, to the periods do you have?’’ they will tell taxpayers, back to the coffers. alty would be $480 to $640 million. you they have three lunch periods. In Disney, $1 billion to $1.5 billion, the Mr. Speaker, think of all of the many New York City schools, elemen- things we could do in terms of building penalty would be $400 to $600 million. tary schools, children start to eat Microsoft, $1.1 billion, the penalty schools, putting people to work, build- lunch at 10:30. They just had breakfast, would be $460 million. ing roads, meeting the needs of our but they have to eat lunch at 10:30. Mr. William Gates owns about 24 per- medical community, getting a health Why? Because the lunch rooms are too cent of Microsoft’s stock. The corpora- care plan that covers everybody. Think small for the large numbers of children tion projected future capital expendi- of all of the money, if we collect the and they have to have three lunch peri- tures as of June 30 of 1996 of $293 mil- total that is presented here which to- ods. The lunch period begins at 10:30 for lion. Its net income was $2.2 billion in tals about, conservatively, $70 billion. one crew and does not end until 2:30, so fiscal 1996 ending June 30 and $1.36 bil- The conservative total here is $70 bil- the last crew eats too late and the first lion in the 6 months ending December lion. If we let our imaginations go in crew eats too early. The last crew, I am 30, 1996. terms of corporations that we do not sure the children are really quite hun- Its cash and equivalents increased have records on, we are talking about gry, and I am sure something is being from $4.75 billion on June 30, 1995, to $100 billion, collecting over a 3-year pe- done to their metabolism and their nu- $6.94 billion on June 30, 1996, and $9.16 riod, which means if you collected trition and their bodies. This condition billion on December 31, 1996. The last them all in 1 year or 2 years you would exists because there is rampant over- figure amounted to 71.6 percent of as- have a windfall revenue. crowding. sets. We would have, according to our cof- So we need to build new schools. We Although it did not need capital, fers, an unexpected amount of revenue need to put laboratories in schools. We Microsoft raised $980 million in late that could be used for capital expendi- need to do a lot of things that you can 1996 through the sale of convertible tures, one-time expenditures. We could do with $70 billion. preferred stock. It said that proceeds take half of $70 billion and give it over IBM could cough up $3.8 billion. Du- from the offering were expected to be to the reduction of the deficit. The def- Pont, buy-backs, the net buy-backs, used to repurchase common shares. icit could be reduced by $35 billion. We $5.4 billion. Penalties would equal $2.1 They raised the capital to repurchase take the other half and put it in billion. General Electric, $5.1 billion, common shares. Wall Street analysts projects which relate to education. Let personalities would equal $5 billion. expressed the view that the real pur- us have a one-shot deal where we spend General Electric said in its 1996 annual pose of the offering was to provide a a capital budget expenditure that does report, ‘‘record cash-flow allowed us to dividend-paying security for some in- not recur to modernize all of the return more than $6 billion to share- vestors who want dividends, since schools that need to be modernized, to holders, $3.1 billion in dividends and Microsoft had paid no common divi- get rid of the lead poisoning, to get rid $3.3 billion in the repurchase of GE dend. of the asbestos, to build new schools so stocks.’’ They are saying that the re- Let us move on to Hewlett Packard, that in a place like New York City and purchase of stocks is returning the $1 billion, $426 million would be the other inner-city communities you do money to shareholders, so they are penalty. not have crowding to the point where aware of the fact that they are doing Kellogg, $1.1 billion to $1.3 billion, 90,000 children last fall had no desks, something wrong and they need to sort the penalty would be $440 to $520 mil- no place to sit in New York City of explain something. Philip Morris, $5 lion. schools, 91,000. Ninety-one thousand billion. The penalties would be more J.P. Morgan, $1 billion to $1.2 billion, children had no place to sit. than $2 billion. the penalty would be $400 to $480 mil- This is even after we improvise and lion. b 1900 we have hallway classes and we have I am reading the figures of how much classes in closets, and we get rid of the Coca-Cola, $3.8 to $4 billion, the pen- was spent to illegally buy back stock. library and make it a classroom, and alties would be $1.5 to $1.6 billion. They legally bought back stock, but we have classes in the cafeteria, and we Wells Fargo Bank, $3.1 to $3.3 billion, these are the nets, the illegal amounts have some classes, a few classes, in the the penalties would be $1.2 to $1.3 bil- that I am quoting. bathrooms. New York City had 91,000 lion. J.P. Morgan, and 3M, $1 billion to $1.1 children that did not have places for BankAmerica, $3 billion, the pen- billion, the penalty would be $400 to them. Now, they got embarrassed by alties would be $1.2 billion. $440 million. that, and as we ask questions and time Chrysler, $2.9 billion, the penalties Reebok, $1 billion to $1.1 billion, the goes on, they claimed well, that was a would be $1.1 billion. penalty would be $400 to $440 million. April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1317 American Express, $1 billion to $1.1 get a response when we ask the Com- show a balanced budget by the year billion, the penalty would be $400 to missioner of Internal Revenue why. 2002. That is a requirement. You must $440 million. Thirty Members of Congress cannot balance the budget by the year 2002. In its 1995 annual report, American get a response. Maybe we are stupid. I think they assumed that we would Express said and I quote: ‘‘Some share- Maybe we do not understand the tech- go away and stop being a nuisance by holders have asked why we are re- nicalities. Maybe we need to bring our bringing an alternative budget to the purchasing shares rather than increas- brothers and sisters on the Committee floor, because we could never balance ing our dividends, as we did in years on Ways and Means to a session and the budget by the year 2002 and at the past. We believe that most sharehold- they will explain all this to us, and we same time maintain the level of ex- ers prefer gains in stock price to re- will not have a Member of Congress penditures for programs that are most ceiving dividends because those pay- stand here making a fool of himself important to the poorest people in ments are taxable annually.’’ about an issue that is moot, of no con- America, and a lot of the not-too-poor That is an interesting quote, because sequence. people, education programs, environ- that is exactly what Congress said they Maybe there is not a great injustice mental programs. They thought we did not want to do. They put the provi- being done here, and all those people could not do it. sion in there to prevent people from out there who anxiously are sitting in In the process of doing our research, avoiding the payment of taxes. Here it the offices of the Internal Revenue we found that we had the option in pre- paring an alternative budget of raising is in the statement, they have said we Service to deal with their taxes, all taxes. If you can show a credible way are doing this so you do not have to those people who are being forced to go to increase the taxes, it is acceptable pay taxes on the amount we give back to extraordinary means to pay up what in the budgeting process. We used only to you. they owe, according to the law, all of the figures that the Congressional Amoco, $800 to $950 million, esti- them need not feel that they are being Budget Office had already certified. We mated, and $320 million would be the singled out unjustly. No taxpayer in looked at the corporate loopholes. We estimated penalty. America should feel that we live in a said, if you take away this loophole, The Bank of New York, $800 to $900 society where there is unequal treat- that loophole, you will raise money. If million, $320 to $360 million would be ment of taxpayers. you bring corporations up to a level the penalty they would pay. We can debate as much as we want from 11 percent of the total tax burden, Norfolk Southern, $800 to $900 mil- the question of whether corporations income tax burden, to 16 percent, they lion, $320 to $360 million would be what should pay any taxes, and that is an es- would still be way below the individual they would have to pay. oteric argument among economists and tax burden, which is 44 percent. Members of Congress, but the law is Eastman Kodak, $800 to $900 million, We learned a great deal. It was a very $320 to $360 million would be the pen- there at this point. It says you cannot informative experience, because lib- alty. buy back your own stock. If you do erals and progressives, people who be- Caterpillar, $700 to $900 million, esti- this, you have to pay a penalty of 39.6 long to what I call the caring majority, mated, $280 to $360 million. percent. The reasoning of the law is who care about America and who care McDonalds, $600 to $800 million, that when people, when corporations about all the people in America, people buybacks, and $240 to $320 million buy back their own stock, they are who want to see our great wealth and would be the amount of penalty they avoiding taxes. They are helping indi- riches divided in some way which bene- would pay. viduals who get the dividends, who fits every sector of society, the people Hershey, $400 to $500 million, they would receive the income, avoid paying who want to see the best schools in the would pay $160 to $200 million. taxes. world, who want world-class hospitals Keycorp, $400 to $500 million, they I suppose many of those individuals and who want to see our children grow would pay $160 to $200 million. are grateful, but if I was in their shoes, up in a world where everybody has a Coca-Cola Enterprises, different from if I was a shareholder, I would want to reasonable opportunity to fully develop the other Coca-Cola, $400 to $450 mil- have the choice of give me back my themselves, all those people out there lion, they would have to pay $160 to dividends, I might choose to buy back, we think have ignored studying the $180 million as a penalty. buy some of your stock. They rob the revenue side of the budget. This company is separate from the shareholders of the choice. They avoid For years we have let the Committee Coca-Cola Co., although Coca-Cola the payment of taxes in the process. on Ways and Means dominate the dis- owns 44 percent of the stock. It is a There is a danger that they are also cussion. For years we have let the lob- major Coke bottler, accounting for just manipulating the stock market. This is byists who line up when the Committee over 50 percent of all Coke product a form of manipulation, in the final on Ways and Means meets, there are sales in the United States. analysis. You keep the prices artifi- long lines of people out there to get in Campbell Soup, $296 million in cially high when large amounts of prof- and the Committee on Ways and Means buybacks, they would have to pay a it from the corporation are used to buy has a major bill revising the Tax Code. penalty of $117 million. back the stock. But that is for the law- I remember they revised it under Kimberly Clark, $200 to $300 million, yers to take a look at. Ronald Reagan and they did some later they would have to pay $80 to $120 mil- I hope you are not bored. I hope that correction. In the time that I have lion. you understand that I am not on the been here, 14 years, there have been Weyerhauser, $200 to $300 million, Committee on Ways and Means. I am two major corrections and revisions of they would have to pay $80 to $120 mil- just a lowly Member of Congress, a the Internal Revenue. I watched the lion. member of the Progressive Caucus, a PAC contributions of every member on Xerox, $200 to $300 million, $80 to $120 member of the Congressional Black the Committee on Ways and Means. I million. Caucus. Last year, I developed an alter- sat and heard them talk about how the Wal-Mart, $200 million, they would native budget. The year before that, I money was flowing in. I heard a few pay $80 million in penalties. developed an alternative budget for the say, let us keep the suspense on longer, General Mills, $187 million, they Progressive and the Congressional more will come in. would have to pay $74 million in pen- Black Caucus. This is not to in any way put down alties. In the process of doing research for my colleagues, but it is a phenomenon Why am I bothering to read this list? our budget, our aim was to meet a re- which is in motion and we know it. We Because the Internal Revenue Commis- quirement that was made by the have to be naive not to believe there is sion has ignored us. Thirty Members of Speaker, the gentleman from Georgia a correlation between the fact that this Congress wrote and they asked, why [Mr. GINGRICH], and the Republican ma- sector of society has gotten the biggest are you not enforcing the Code? I jority. Speaker GINGRICH and the Re- tax breaks since 1943. They were paying would like for other Americans to hear publican majority said to the members 40 percent of the tax burden in 1943. how the Internal Revenue Code is being of the Black Caucus and the members Now they are paying 11 percent, so the blatantly disobeyed, ignored, and I of the Progressive Caucus, you cannot biggest tax breaks have gone to cor- would like you to know that we cannot bring a budget to the floor unless you porate America. H1318 CONGRESSIONAL RECORD — HOUSE April 8, 1997 There is a correlation between the There was a Stanford University re- it. The evil empire is defeated but the tax breaks corporate America has re- port that I read some time ago. I do military industrial complex is still ef- ceived and the kind of money they con- not have the documentation here. But fective. They do not make the biggest tribute. I do not want to get into a long it said that, when you get through pay- contributions anymore. It is the finan- discussion of the present campaign ing back the money through the Fed- cial industrial complex that makes the contribution scandal. There is enough eral Deposit Insurance Corporation and largest contributions. Close to $40 mil- being said on television, radio, cable the money that was appropriated di- lion for the Clinton-Dole soft money television, all across the board, there is rectly by Congress to make up for what campaigns and the regular campaigns, a lot of discussion about the great had been stolen and you get through close to $40 million went to the Repub- scandal of 1996 where more money was with the administrative costs of all the licans. Half that amount went to the raised and spent on political campaigns various bodies we set up to recover the Democrats from the financial sector. than ever before in the history of the money, the American taxpayers are In every other category, except labor, Nation. Very interesting. More money going to be out $500 billion. about twice as much was spent for the was raised, but we only had 49 percent, They got away with that basically. party in power in Congress, majority less than 49 percent of the people who The number of people who went to jail, party, than for the Democrats or for came out and voted. It was a record the number of people who spent any the Republican candidate because low vote, despite the fact that large reasonable time in prison is minuscule. these great industrial complexes, the amounts of money were raised. The amount of money recovered is a financial industrial complex, the agri- Mr. Speaker, I assure you, people tiny amount, a very tiny amount com- cultural industrial complex, there is who were contributing the money, they pared to the amount that was stolen. the construction industrial complex, all came out and voted. Their friends The biggest thief who was actually pin- the defense industrial complex, energy voted. There is a correlation between pointed and convicted, he became a industrial complex, the health indus- wealth in America and voting. The personification for the rest, Charles trial complex, the transportation in- richest people in America always vote. Keating. Charles Keating in California dustrial complex. Always. Come down the line, the mid- was recently released on a technical- Only organized labor, which is con- dle class, they hesitate sometimes. ity. They said, we made a mistake. sidered not a business complex, but it They do not come out large enough. Yes, you did cost the taxpayers $2 bil- is listed here because it gave large When you get to the very bottom, they lion. Your Lincoln Savings Bank, your amounts of money, only organized are the ones who do not vote at all. bank, your operation did cost us $2 bil- labor contributed more money to The people who need government most lion. That we can document. But on Democrats than to Republicans. That do not vote. Those who need govern- some technicality, rich Mr. Keating is is interesting. And then of course there ment are willing to pay. The Center for out. He claims he is penniless, but none are others. The pattern is pretty clear Responsive Politics has a chart here in of us were born yesterday. We are cer- that the buying of a point of view, the a report they issued on the PAC, Polit- tain that a multimillionaire did not go people advocating cutting corporations ical Action Committee, expenditures to jail penniless and he did not come even further, they wanted capital gains for the Clinton-Dole campaign and the out penniless, but he is out. Charles cuts, people are advocating a huge tax soft money. Keating is out. And he was the most cut for the richest Americans, the peo- celebrated, the most highly publicized. Where did the contributions come ple who are advocating that we cut If he is out, then you know all those from? It is very informative. If you only those programs that go to the other folks that we did not even know want to know why one sector of our so- poorest people, the people who turned ciety feels that they do not have to, about, they are out, too. Some high their back on the welfare, the cor- they pay less taxes now than they used placed officials and their relatives, porate welfare, those are the people to pay, and they do not have to obey a they were involved. So the savings and who get the largest amount of money certain part of the Internal Revenue loan swindle was the biggest swindle in from the various complexes and the fi- Code. They are so powerful, they are the history of mankind of its kind. And nancial complex where the corpora- going to be taken care of. They have large amounts of people got away with tions and the brokers and the whole set gotten the green light from somebody, it, became rich, stayed rich. of people who make the most money, but they do not have to obey the law. So you had a precedent there. Do not Yeltsin has a problem with the Mafia allow too many of these precedents to they give the most. In conclusion, Mr. Speaker, we will in Russia. They go to collect taxes, develop, Americans; you are on the they are just maybe gunned down. The road to a collapsed society. It is pos- hear more about corporate welfare. The Mafia has killed members of the legis- sible, if you keep doing this, to have no gentleman from Ohio [Mr. KASICH] and lature, they have threatened high- faith in law and order, certainly no the Republicans are also interested in ranking officials. Things are totally faith in the regulations of our financial cutting corporate welfare. But here is a out of hand in Russia, so they do not institutions. piece all we need to do is tell the Inter- try to collect the taxes with too much Banks were closely regulated by the nal Revenue to enforce the law. You zeal. The people who really have the Government. They could not have done could realize a large amount of money, money also have the muscle. this without collusion from public offi- take some of the burden off other tax- That is very crude, that is very sav- cials, the savings and loan swindle. payers and have the result of making age. That is a failed society. We are not In this chart, the financial sector, every American institution as well as a failed society. If we allow this to go they have different sectors here. For individual pay their taxes, April 15 is on, however, if they get away with dis- the school children of America, you coming. We should all pay for taxes. obeying the Code in this case, they will need to know that our laws are made f by various complexes, industrial com- do it somewhere else. We will have a SOCIAL SECURITY AND plexes. Do not believe what you read. pattern that will lead other people at BALANCING THE BUDGET lower levels to say, we are not going to The simple thing about the House of obey the law also. Representatives and the Senate and The SPEAKER pro tempore (Mr. MANZULLO). Under the Speaker’s an- b they get together. The most important 1915 thing is not discussed. The various nounced policy of January 7, 1997, the We had a savings and loan swindle. complexes, the defense industrial, mili- gentleman from Wisconsin [Mr. NEU- They called it the savings and loan tary industrial complex we all know MANN] is recognized for 60 minutes as swindle, but it was the banking indus- about. President Eisenhower, when he the designee of the majority leader. trial complex of America swindle be- left office, shook us and woke us up Mr. NEUMANN. Mr. Speaker, in the cause the amounts of money that regu- and said be aware. There is a military interest of bipartisanship, I yield to lar banks that were not savings and industrial complex which will drain the gentleman from Minnesota [Mr. loans banks lost was pretty great also. large amounts of money away from the MINGE]. The savings and loans swindle, it is es- American taxpayers, and it has. FLOODING IN MINNESOTA timated, will cost American taxpayers It has a record that keeps going on Mr. MINGE. Mr. Speaker, I would $500 billion before it is all over. and on, the war is over, the excuse for like to first thank the gentleman from April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1319 Wisconsin for yielding to me and indi- many decades. They are programs Before I get into that this evening I cate that I dearly appreciate the strong which the Federal Emergency Manage- would like to recognize a very special and cordial bipartisan working rela- ment Agency has earned a reputation, group of people that are out here in tionship that we are trying to establish a well-deserved reputation in the last 5 Washington this week. We talk so in the House. Almost 200 of us went to years, of very capably administering. I much about education and we hear so Hershey, PA, the sweetest place on think that we can all be proud as many cases where education is not Earth for a bipartisan retreat to work Americans of what this agency is doing working the way it should be working. on building civility and strong, posi- and what it is contributing to the well- But I would like to just recognize a tive working relationships in this being of small communities who have good friend of mine, John Eyster, a Chamber on both sides of the aisle. been afflicted by these natural disas- teacher from Janesville Parker High This is a task I think that all of us ters. School who is out here with a group of need to continue to address. Mr. Speaker, I would like again to students illustrating just how edu- Mr. Speaker, this evening I wish to express the appreciation that all of us cation does work and setting an exam- address the House with respect to a in Congress have for the volunteerism, ple for young people all across Amer- matter of great concern and interest to for the hard work and the sacrifice and ica, showing us how education can and me. The Minnesota River, the Red the community spirit that is alive and does work in Janesville, WI. He River of the North and several other well in America and what this is doing brought these students out here. I had streams and rivers in the upper Mid- to renew the faith of people in our abil- the chance to spend about an hour with west are experiencing flooding prob- ity to respond to the challenges that them today. And I have got to say, lems on a scale that has never before face us in pulling together and pulling they are some of the best educated stu- occurred in the recorded history of this ahead. dents that I have ever talked to. region of the country. SOCIAL SECURITY AND BALANCING THE BUDGET John consistently brings his class The impact that this is having on Mr. NEUMANN. Mr. Speaker, I yield out here every year and it is just a dozens of communities is overwhelm- to the gentleman from Minnesota [Mr. privilege to meet and talk with these ing. However, through a coordinated ef- GUTKNECHT]. May I say it was a pleas- folks and to see how far along they are fort of State, local, and Federal offi- ure to visit Winona at Winona State in the educational process and, in all cials, what appeared to be the impos- and have the privilege of joining you at fairness, how well versed they are on sible is being achieved in many of these a town hall meeting. the issues facing this great Nation of communities. I have lived just outside Mr. GUTKNECHT. Mr. Speaker, I ours. the city of Montevideo, MN, for the thank the gentleman. It was our privi- b 1930 last 20 years. lege to host the gentleman in Winona. I have members of my family in a If I could just say that we want to do With that, I will start into why I community downstream called Granite a special order tonight and talk about came to Washington and what I think Falls, MN. Never before have these Social Security and balancing the the budget process needs to get back communities received national atten- budget. And my colleague from Min- to. I start by referring to this chart I tion. But now in April 1997, they have nesota and our fellow Committee on brought with me because it is about been the initial stories on network the Budget member [Mr. MINGE] re- the best chart I have ever seen in terms news, evening after evening. And why? cently just alluded to the unbelievable of talking about that debt that we are It is because of the harrowing battle problems being faced, especially in all drowning in as a nation. that is being waged. The U.S. Army western Minnesota and the Dakotas. I What it shows is the growth of the Corps of Engineers has come in and would just like to say that on behalf of Federal debt facing this Nation and it helped build dikes on streets and high- all Members of Congress, particularly shows, starting in 1960 all the way to ways. Hundreds of volunteers have this one from Minnesota, I want to the year 2000, where we are at in this come from as many as 150 miles away make certain that we here at the Fed- growth in debt. It is important to note with trucks and strong backs to load eral level are doing all that we possibly that from 1960 to 1980 we have a rel- and place sandbags to fight the river. can for those people. atively flat line. There has been very The river is like a raging bull. It is It is really hard for some of us to little growth in debt. But in 1980, from coursing down a narrow channel in one imagine what it must have been like to there forward, this thing has grown and of these communities, and you look at wake up and find that much water on grown and grown. that raging stream and you wonder, is your streets and in your neighborhoods And you know, what really bothers that going to jump the banks. How can and then have 40- to 50-degree-below me about this is when I hear all of the we control it. Thanks only to the wind chill factors blowing ice and Democrats in America say that was the strength of these levees that have been water and then on top of that many of year Ronald Reagan took office and all constructed by the Corps and the force the homes being without electrical the Republicans say, well, that was the of gravity is this river as a threat con- power. So we really cannot imagine year the Democrats in Congress could tained. how tough it has been on some of the not control spending. But the bottom Local residents of these communities people in those communities. The only line is if we are really going to solve have been working, toiling for as much thing I guess we can say to them is this problem we will have to accept and as 20 hours a day constructing these that we are going to do everything we recognize it as an American problem dikes and levees and protecting prop- can here at the Federal level to make and that we as the American people erty. In some cases residents have been certain that we get things right. have to solve it, not as Democrats and forced to evacuate their homes with as I might also mention though that Republicans but as Americans. little as 5 minutes notice. Yet they are when we talk about floods, what we I want to point out that as we look succeeding. want to talk about tonight is this flood from here forward we are no longer in I am also pleased to report that the of red ink which threatens not only to a position where we can fight about Federal Emergency Management Agen- drown us but, worse than that, to Democrats and Republicans. We are all cy, working with the Governor of our drown our children. And I am going to the way up here on this chart right State and the President, has already yield back to the gentleman so we can now. And when we think about what released the report that these commu- have a discussion about really the size, that is doing to our Nation, we need to nities and these areas have been des- dimensions, and ultimately what the understand that it is not just about ignated as Presidential disaster areas implications are of this debt and of the this chart, it is about the fact that the and that FEMA will be quickly moving deficit spending that has been going on government goes into the private sec- into the region along with other agen- in this body and in this Congress for tor and borrows that money out. cies to provide the type of assistance most of the last 40 years. Because that is what is happening that is necessary to enable them to Mr. NEUMANN. Mr. Speaker, I also with this, this is what the deficit both clean up and recover. want to talk about the budget process spending leads to. When the govern- This is not a handout. These are pro- and that debt that is drowning us as a ment goes into the private sector and grams that we have established over nation. borrows the money out to pay for its H1320 CONGRESSIONAL RECORD — HOUSE April 8, 1997 deficit spending, that makes for a are writing checks back out to our sen- process and what we are talking about tighter money supply. Government ior citizens in the amount of $353 bil- when we say we are going to balance borrowing out of the private sector lion. Well, it is much like a checkbook. the budget by the year 2002. When we tightens the money supply and raises If you take $418 in and spend $353 out, talk about balancing the budget by the interest rates. And when you raise in- you are in pretty good shape, and that year 2002, virtually every budget plan terest rates it hits home quickly, be- is good news for the Social Security out here, President Clinton, the Repub- cause it means many Americans can- System today. lican plans in some cases, they all talk not afford to buy houses or cars. But that $65 billion is supposed to be about getting rid of this blue area. But And that is really a problem in this set aside in a savings account. The idea what they actually mean when they Nation. That is why in the past years, is this. Everybody sees the baby boom say they are going to balance the budg- here, as the deficit has come down generation headed toward retirement. et in the year 2002, what they mean is until this year, for the first time in 4 So the idea was to collect extra money they are going to go into the Social Se- years, as the deficit has been coming now, put it into a savings account, and curity trust fund, pull out $104 billion, down, the interest rates have held when these two numbers turn around, put it in their checkbook and say their steady and we have literally been in a they are no longer collecting enough to checkbook is balanced. position where the economy has make good on the Social Security So when the people in Washington boomed. And it has boomed because of checks, at that point in time they talk about balancing the budget, they the fact if interest rates are steady, the would go into the savings account, get are not telling you that when they say government is not confiscating as the money out, and fulfill our commit- they are going to balance the budget much of the private people’s money out ment and make good on the Social Se- they are still going to be going into of the private sector, there is more curity checks. that Social Security trust fund taking money available and lower interest The problem we have is that is not the money out, putting it in their rates, which keeps the home building what Washington is doing with the checkbook and saying my checkbook is business going strong, the auto indus- money. When Washington saw this $65 now balanced. That is ridiculous, and if try going strong, and a lot of people billion sitting there, Washington did it was done in the private sector they able to borrow money to buy things. the Washington thing and they spent would be arrested for it. It is that sim- And of course when people buy it. As a matter of fact, that $65 billion ple; that cut and dried. houses and cars, that means other peo- today is going directly into the big The answer is the Social Security ple go to work to build the houses and government checkbook. It is called the Preservation Act needs to be passed. cars and that really, folks, is what this General Fund. But you can think about And to my colleagues who might be budget battle is all about, about get- it like the big government checkbook. watching this evening, the important ting the government to stop borrowing When they are done writing out checks thing is when we pass a budget plan the money out of the private sector so in this government, of course, the this year, we must address the fact checkbook is overdrawn and that is it stays out there and the interest that balance means balance without what we call the deficit. So they are rates stay down and people can afford using the Social Security trust fund’s taking the $65 billion, they are putting to buy houses and cars. money. When we say we are going to it in the big government checkbook, I have a son, currently a sophomore balance the budget to the American and when they are all done writing in college, and my good friend from people, we should go about balancing checks out of the big government Minnesota, I believe he is going to the budget, not balancing the budget checkbook there is no money left. So school in his district, as a matter of by stealing the money out of the Social they put an IOU in the trust fund. They fact, and I think about the young peo- Security trust fund. do not count that IOU toward the defi- ple like Andy and all the others like What does this mean to the people of cit. this Nation? Well, if we do not fix this him across this country as he grad- This is a huge problem as we move problem, by the year 2005, 2006, maybe uates from college, takes his first job, forward. We have proposed legislation 2012, if we are very, very lucky, when starts his own family, starts thinking in our office, and I am happy to say we about buying a house and a car, and I have bipartisan support for this legisla- there is not enough money coming into think about how important the inter- tion at this point in time. The legisla- the Social Security trust fund, we will est rate is to him in terms of being able tion is very straightforward. It simply have to either tell our senior citizens to afford that house and car. says that the $65 billion it has col- they cannot have the benefits they There is another issue that most peo- lected from the Social Security Trust have been promised, and the likelihood ple do not relate to the young people in Fund should simply be put down in the of that happening in Washington, DC, this country and that is Social Secu- Social Security Trust Fund. is near zero, or we will have to go to rity. Most people think the Social Se- It is straightforward, the legislation, young people, like my Andy in college curity discussion is about just the sen- and I am happy to say we have biparti- in your district, or my Tricia, a high ior citizens. It is not. It is about the san support for it and we now have 60 school senior, or my younger son, who people in their 40’s and 50’s hoping to cosponsors on the Social Security Pres- will then be in the work force, and all get Social Security, and it is about the ervation Act. the other kids like them, we will have young people who are paying $15 out of This week we are out here talking to go to them when they are just begin- every $100 they earn into the Social Se- about budgeting. It is real important ning to form their families, and say to curity System with literally no hope of to understand how this Social Security them we could not do this right in 1997 getting any of that money back. System issue affects the overall budg- when we were in Congress. We just So I want to talk about Social Secu- eting process. This picture really kind could not get the job done. We could rity as it relates to the overall budget of says it all. When the Federal Gov- not put the Social Security trust process. And I have noticed, and the ernment, when Washington, talks fund’s money aside, so now we have a gentleman from Minnesota, [Mr. about the deficit, they talk about this shortfall in Social Security and we GUTKNECHT], I think maybe he has too blue area. They talk about how much only have one choice, young people, we this week, that as we look at the budg- they have overdrawn their checkbook are coming into your paychecks to et proposals currently in Washington, and they forget to tell you in addition take more money out to make good on none of them deal with the fact that to the amount they overdrew their our promises to our seniors. Washington is currently spending the checkbook they have also taken that That is a sad situation and not right Social Security Trust Fund’s money. $65 billion out of the Social Security for the future of our country. We need The Social Security System is taking trust fund. to pass the Social Security Preserva- money out of every paycheck in Amer- So the deficit, when they talk about tion Act as soon as possible. ica today. As a matter of fact, if you it being $107 billion, the reality is the We have expanded what has been look at all the money being collected deficit is in fact $107 plus 65, or $172 bil- talked about in the budget process, and by the Social Security Trust Fund lion overall. I think this is real important, because today, they are collecting $418 billion. I think it is real important to look at even if we do get to a balance, and even This is pretty straightforward. They how that affects the overall budget if we do not spend the Social Security April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1321 trust fund’s money by the year 2002, we I see my good friend, the gentleman think the total growth in revenues will still have a $6.5 trillion debt hanging from Michigan, has joined us, Mr. be, if we have the courage to do that, over our heads, a debt that is costing HOEKSTRA. say, all right, we will let government our children and young people, a fam- Mr. HOEKSTRA. Mr. Speaker, I grow, slightly, but not as fast, not ily of five in America, $600 a month to thank my colleague for yielding. I am nearly as fast as it has grown over the do nothing but pay the interest on the encouraged by the work my colleague last 40 years, we can literally create a Federal debt. has done and that he has completed on system that will guarantee that our In the budget plan that we have put working toward, not a balanced budget seniors are protected, that will guaran- together we go a step further. I want to but actually working toward a surplus tee stronger economic growth for peo- expand the vision of this Congress and budget as soon as possible, and actu- ple our age, but more important than expand the vision for America over ally developing a plan to pay off the that, we can give our kids a debt free what we can actually do. I want to national debt so that our children can future. show very simply how we can pay off look to a much brighter future. b 1945 the Federal debt, restore the Social Se- I would like to just refer my col- curity trust fund money and, most im- leagues to an article that was in USA I cannot think of anything more portant of all, pass this Nation on to Today on Monday, April 7. It talked compelling, a bigger vision, something our children debt free instead of under about what we in the Committee on that is worth fighting for than what I the burden of a debt that costs our the Budget have discussed as a vision, call a generational fairness plan, that families $600 a month to do nothing but where a one-income family is where we protects the seniors, that protects pay the interest on the Federal debt. want to get to, where a one-income working people today, and protects our children’s future. I think those are the Our plan is really pretty straight- family can derive enough income to kinds of things that, if we can work to- forward and simple. After we get to support a family and support govern- gether and if we have the discipline balance in the year 2002, we take a look ment, and where a two-income family here in Congress, it can clearly happen. at how much revenues are going out to becomes an option. Mr. Speaker, if I could just make one the Federal Government. Now, reve- It is kind of interesting. In USA additional point. Sometimes when we nues to the Federal Government go up Today yesterday they cited that the start talking about the budget, we for two reasons: They go up because of number of two-parent working families throw around terms and there are all inflation and because of real growth in in 1995 has increased to 64 percent of kinds of CBO and OMB and a lot of the economy. Now, currently we have the population. They then took a look things that I think most Americans an inflation rate of roughly 3 percent at what we get with 64 percent of our really have a hard time staying with. I and real growth of roughly 2 percent. families having two incomes. The sec- think we sometimes have to get back That means we would expect revenues ond wage earner basically ends up to the big picture. Ultimately in the to go up by 5 percent total next year. working, as our majority leader would say, we have one person working for end I think we have to say to ourselves Our plan is very simple. It says that the government and one person work- and to the American people that bal- if revenues are going to go up by 5 per- ing to support the family. ancing the budget and stopping this cent, we only let spending go up by 4 Mr. NEUMANN. If the gentleman deficit spending really are moral is- percent. So spending is allowed to go would yield, I would point out that if sues, because I think we all know down up at a rate 1 percent slower than the we were to enact this and we were to in our bones that it is morally wrong rate of revenue growth to the Federal actually carry this plan out, if the peo- to continue to borrow against our kids Government. ple in Washington were to do what is and our grandkids. And so I think we I might add, and much to the chagrin right for the future of America, we have got to stop that. of some of the folks listening this would be looking at $600 a month that We are making progress but, as you evening, that is still faster than the would not have to be collected from a suggested, we are still using that So- rate of inflation. So spending at the family of five. That goes a long ways cial Security trust fund to sort of mask Federal Government level going up toward that second wage earner’s in- the size of the deficit. I think in this faster than the rate of inflation, but 1 come. process we have got to expose that, we percent slower than the rate of revenue Mr. HOEKSTRA. That is right and have got to deal with that. Clearly the growth puts us in a position where we provides them with either the oppor- time to deal with it is now, before it could literally pay off the Federal debt tunity to take the income to improve turns around, before we have a situa- by the year 2023. the quality of life for their family or to tion where Social Security is actually This is important for a whole bunch take that time away from working and paying out more than it is taking in. of reasons. No. 1, it frees our young invest it in the family. Mr. HOEKSTRA. Mr. Speaker, I people to raise their families without I would yield to my colleague from think the gentleman is absolutely this tax burden. No. 2, and equally im- Minnesota. right, it is a moral issue. Saddling our portant, is it restores the money that Mr. GUTKNECHT. You gentlemen kids with $100 billion, $200 billion of ad- is supposed to be in the Social Security are right on the money. I want to point ditional debt each and every year is the trust fund. So instead of the Social Se- out a couple of things, and I want to wrong thing to do. The other thing, I curity trust fund being out of the congratulate both of you. I do not came out of the business world, as I money in the year 2005, 2006 maybe know of any members of the Commit- know my colleague from Wisconsin did, 2012, it extends the Social Security tee on the Budget who have worked and I am not sure, you were in the leg- trust fund to the year 2029 so our senior harder to try to preserve the American islature and before that maybe had a citizens can count on their money. And dream and guaranteeing that we pass real job. our people in their forties and fifties on to our kids a legacy of hope and op- Mr. NEUMANN. Auctioneer. can count on getting their money out portunity rather than a legacy of debt Mr. HOEKSTRA. Auctioneer. The of the Social Security System also be- and dependency. other thing we look at in business is cause the trust fund has been restored. I want to point out something that I the value you get for your dollar, and This is a plan that we need to em- think is important, that Mr. NEUMANN the problems we were trying to solve brace in this Congress. I understand suggested earlier. There was a famous for our customers in the business the Speaker has started talking about architect from Chicago, and he once world. We have to take a look as we go this. NEWT GINGRICH has started pre- said ‘‘Make no small plans.’’ I think through this process and take a look at senting some of these ideas in some of the beauty and the simplicity of what some of the things that taxpayers are his speeches, and it is an idea we need we are talking about tonight is that if sending money to Washington for and to embrace, to expand our horizons be- we have the discipline as a Congress to asking, is that really the best place to yond just balancing the budget, beyond embrace a plan which actually will solve these problems. 2002, and into the years 2010, 2020 so we allow Federal spending to increase at Every day when we cross the street, can give this Nation to our children greater than what we project the infla- we come over a street that is called debt free. tion rate to be but less than what we Independence Avenue. Me and my staff, H1322 CONGRESSIONAL RECORD — HOUSE April 8, 1997 we have talked about it, we kind of Mr. HOEKSTRA. When this President Mr. GUTKNECHT. I think just once think that maybe we could rename the gets done, if he gets this approved, he more for our colleagues who may be street into Dependence Avenue because will be building our schools, he will be watching on C–SPAN in their offices, that street is littered with bureauc- teaching our teachers, certifying our what was the total number of dollars racies that we have moved responsibil- teachers, putting in the technology, being spent currently on education pro- ities from families, from local and feeding them lunch, feeding them grams and how many various Federal State government, from churches and breakfast. programs are we currently operating? nonprofit institutions and said we real- Mr. NEUMANN. And doing it with Mr. HOEKSTRA. We are operating at ly do not think that you are the most our money. least 760 programs through 39 different effective place to handle these issues Mr. HOEKSTRA. Teaching them agencies. They are not all in the De- and we are going to have bureaucrats about sex education, giving them na- partment of Education. They are in 39 in Washington address these problems. tional tests, doing after-school pro- different, distinct agencies, and they I think my colleague will remember grams, maybe even midnight basket- spend $120 billion per year. the discussion that we had last year ball and a couple of other things. Other Mr. NEUMANN. Mr. Speaker, how during welfare reform where we said, than that, it is your local school. much of that gets to the students? just send the money to Wisconsin and Now, the President has moved away Mr. HOEKSTRA. We estimate that let the people in Wisconsin decide how from this. He has now proposed a whole for the dollar that goes for K through best to help those on welfare in Wis- new set of programs spending $55 bil- 12, about 65 cents gets to the children, consin and how to escape the welfare lion more. What we are doing in our gets to the classroom. Thirty-five cents trap because there are probably people committees, we are urging this Con- gets eaten up in the bureaucracy and in Washington here who, I think, were gress to say before we spend another the paperwork. Those are not impres- we not talking about that my col- dollar, because we think when we spend sive numbers. We can do significantly league had a bunch of waivers from a dollar in education today, only 65 better than that. Wisconsin that he could not get ap- cents gets to the classroom, gets to Mr. NEUMANN. So what my col- proved? your children in Wisconsin, gets to my league is really telling me is, out of the Mr. NEUMANN. Mr. Speaker, we kids in Michigan. Thirty-five cents $122 billion we are currently spending were simply requesting that the people gets eaten up by the bureaucracy. on education, only $79 billion is actu- in Wisconsin who had already passed a Mr. Speaker, before we spend more ally getting out there to help the stu- welfare reform bill, passed the State on education and ask the American dents; and the other $45 billion roughly assembly and the Senate by a wide ma- taxpayers to send more to Washington, is going to bureaucracy? jority including both Democrats and we ought to be taking a look at what Mr. HOEKSTRA. We know that in Republicans, but after we debated this we are doing with that dollar. Instead the K through 12, which is a portion of bill for 18 months in Wisconsin, re- of saying, let us spend $1.10, we ought that $120 billion, that is what we are flected welfare the way the people of to be saying instead of 65 cents getting seeing. In some of those other pro- Wisconsin wanted to do it with both to the classroom, let us see if we can- grams, it may be better, it may be Democrats and Republicans agreeing, not get it up to 85, 90, 95 cents of every worse, but it is not a pretty picture. we had to come down here to Washing- dollar, because for bureaucrats to take Mr. Speaker, I thank the gentlemen ton and ask for permission from a 10, 15, 35 cents of every dollar before it for allowing me to participate. bunch of bureaucrats out here, 900 gets to our kids, that might be another Mr. NEUMANN. To get back a little miles from Wisconsin, ask for their moral issue. more on the debt discussion, I held 20 permission to implement what the peo- Mr. NEUMANN. I would like to point town hall meetings in addition to the ple of Wisconsin already wanted. What out it is not only education where we one over in Winona with my colleague. in the world is there that would make are looking at this problem. Our Presi- At one of the meetings a gentleman, us think that the people sitting out dent has looked at this growing debt, George Wundsam of Salem, WI, handed here in an office know better than the and he has looked at us near the top of me this thing, and I think it really hits people in Wisconsin what is right for this debt chart. Here is what he has the nail on the head as we are talking them? It just does not make sense. concluded in his budget plan because I here this evening. Here is what it says. Mr. HOEKSTRA. Mr. Speaker, we are took it apart myself personally and I He handed me this quotation: going to have to go through that proc- found out what is in his budget plan. In ess. I think that is an exciting debate Medicaid alone we are proposing $4 bil- I place economy among the first and most and discussion to have. I know that one important virtues, and public debt as the lion in new spending in 1 year alone. It greatest of dangers to be feared. To preserve of the things that we are spending a is a total of roughly $15 billion over 5 our independence, we must not let our rulers tremendous amount of time on is an years. In Medicare spending, we are load us with perpetual debt. If we run into oversight subcommittee that I chair proposing $5 billion in 2002 alone, a such debts, we must be taxed in our meat and we absolutely agree with the Presi- total of roughly $15 billion more. and drink, in our necessities and in our com- dent. The President in March 1996 said, Mr. Speaker, these are not like: We forts, in our labor and in our amusements. If ‘‘We cannot ask the American people have got this in the Medicare Program we can prevent our government from wasting to spend more on education until we do and how are we going to pay the bills the labor of the people, under the pretense of a better job with the money we’ve got of the current Medicare Program. caring for them, they will be happy. now.’’ What was he referring to? He These are: Hey, I have got a new idea, Would you like to take a shot at who was referring to the bureaucracy of and we do not have enough Washington said that? education that we currently have, programs already, so the President Mr. GUTKNECHT. I think I know which is 760 programs in 39 different says we need some more new Washing- who said that, and I think he served in agencies spending $120 billion per year. ton spending programs. the Continental Congress, and I think Mr. NEUMANN. I would just like to That is where the Social Security he helped draft our Declaration of Inde- point out that during the past week in trust fund money is going. They are pendence. That was the ethic in those my district back in Wisconsin, they taking that money out of the trust particular days. I believe his name was have started running a new commercial fund and spending it on these new Thomas Jefferson. from our friends at the AFL–CIO, at- Washington programs. It is not just Mr. NEUMANN. Thomas Jefferson tacking me, and demanding that we education. said that. That is not today. Can you implement program No. 761. I would Let me go on one more. imagine if Thomas Jefferson, one of just like to warn the chairman of the Mr. HOEKSTRA. Mr. Speaker, if the our Founding Fathers, was standing Education Subcommittee that they are gentleman will just yield for a second, here with us today and we were show- going to be getting some requests from I have to take leave. I appreciate the ing him this debt chart, $5.3 trillion some folks that think we should have gentleman for sharing his time and the facing the American people, $20,000 for another Washington program and an- gentleman from Minnesota for sharing every man, woman, and child in the other Washington bureaucracy to tell his time. I am sure we will be back at United States of America, $100,000 that our people back in Wisconsin how they this, and I am confident we will present our Federal Government has borrowed should educate their own children. a budget that we can be proud of. on behalf of a family of five like mine? April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1323 Each month $600 to do nothing but pay that they have been named an heir to looked at this chart where we under- the interest on the Federal debt. Can an enormous fortune, from somebody stand that Washington reports a deficit we imagine what our Founding Fathers they did not even know was related to that is simply their overdrawn check- would say? This is what they thought. them and they have left them this book, and in fact in addition to over- They recognized that the debt was a enormous fortune. And so I ask them drawing their checkbook they are tak- huge burden. to think about that and what it would ing that money out of Social Security Mr. GUTKNECHT. It is interesting be like and then think about the fact trust fund. that some of our colleagues, who like that this is a windfall, and you would They do not even count that toward to quote our Founding Fathers when it like to do something to help children the deficit when they report the deficit fits their purposes, tend to forget that or you would like to do something to to the American people, and we have when Jefferson said that, he did not help your fellow human beings and you talked about the fact that in the year just mean it for those people in those would like to give a significant portion 2002, when Washington says they are times. He meant it for all people and of this windfall to help your fellow going to balance the budget, what they for all times. I think he understood the human beings or to help children. mean is they are going to go into the corrosive effect that the debt would Think about that, envision that. Think Social Security trust fund, take out have. I think your chart is instructive. about this happening to you. And then $104 billion, put it in their checkbook The unfortunate thing is, particularly think about where you would give that and call their checkbook balanced. We when we add in what is going to happen money. And after you have thought a talked about the fact that in Washing- with the demographic change, and I minute, I ask the people, now, how ton a balanced checkbook means tak- have told people this story. I was born many of you honestly, liberals, con- ing $104 billion out of the Social Secu- in 1951. When I graduated from college, servatives, Republicans, Democrats, rity trust fund. That money should not the speaker at our commencement ad- independents, whatever, how many of be taken folks. That money should not dress was the Director of the U.S. Cen- you, the first thing that you thought of be spent in other Government pro- sus. Most people do not remember their was, I know, I’ll give the money to the grams. college commencement addresses and I Federal Government? The answer to But where is Congress at? And, Con- do not remember all of it, either, but I that in every town meeting is laughter. gressman, we have gone through now do remember some of the points that No one would give the money to the 100 days of the 105th Congress, and I were made that day. He said that there Federal Government. Why? Because I thought we maybe should just address were more kids born in 1951 than any think we all instinctively know what a little bit what is going out and other single year. I represent the peak the gentleman from Michigan [Mr. maybe, maybe if nothing else just to of the baby boomers. What is going to HOEKSTRA] told us a few minutes ago, help us get back on track. During the happen when we start to retire makes that the Federal Government is a poor first 100 days some very unique things that chart look like a day at the park, bargain and that the Government is have happened for the Republican led because as the baby boomers start to one of the most inefficient ways to Congress and things that I do not think retire, all of a sudden Medicare ex- spend money or to help people. it is why I came to Washington in the penses go up dramatically, Social Se- In fact when we had this great wel- first place, and I am anxious to see curity goes from a significant surplus fare debate over the last year and a those things turned around. to huge deficits, and what it is saying, half, and it is still going on, as you in- We have seen the deficit go up for the this should be a siren song for all of us, dicated Wisconsin has been far ahead of first time in 4 years. We are seeing a that we have got to do something now. the pack in terms of reforming welfare. higher deficit. And that is real, folks, If we take modest action now, if we What I have said, I said then, I say that not only affects the people here in take responsible action now, we can now, the real debate was not about sav- Washington, it affects the whole coun- save the budget, we can save our chil- ing money. In the end it was really try because when the deficit goes up dren, we can save Social Security, we about saving people, saving families, that means Washington is going into can save Medicare, and yet unfortu- saving children from one more genera- the private sector, borrowing more nately there are people in this town tion of dependency and despair. money, creating a tighter money sup- who would prefer to put their head in What we are really saying is, let us ply and with the tighter money supply the sand and pretend that it is not real, break that cycle, let us slow the rate of we see exactly what happened last that those numbers are not real and growth in Government and let us pre- week Tuesday, which is higher interest that somehow there is a tooth fairy out serve Social Security and let us pay rates. Higher interest rates mean peo- there that is going to save us. The only down and pay off ultimately that na- ple cannot afford to buy houses and thing that will save us is responsible tional debt so that we can leave our cars. When they do not buy houses and action. Jefferson was correct. This is a kids a debt-free future. That is what cars, that means there are not as many moral issue, and the public debt is the Thomas Jefferson believed in, I think job opportunities, and that is a prob- greatest of evils to be feared. that is what most Americans believe lem in this Nation. That is why we What we are trying to do is awaken in, and hopefully we can get more of need to stay on track to a balanced some of our colleagues here and awak- the Members of Congress to believe in budget. en the American people to say, this has that as well. So the first thing I point out that got to stop. All it takes is some moral this Congress has seen in the first 100 b 2000 courage to say this is wrong. And we days, for in the first time in 4 years is are going to have to say no. Mr. NEUMANN. You know, if the a deficit that has gone back up again. I was so delighted that the gen- gentleman would yield back, we have I might add that I voted against the tleman from Michigan [Mr. HOEKSTRA] been talking about these things and bill last October, $22 billion that led to was with us and talked a little about why we need to do these things. We this deficit increase this year. the Education Department, but as the have talked about the fact that Social Second thing we saw when we first gentleman from Wisconsin has indi- Security is bringing in more money got out here, the Republican Party cated, it is not just education, it is all than what that is paying out to our should stand for letting the American programs. seniors in benefits and that that extra people keep more of their own money. In some of my town meetings, I use money coming in, that $65 billion this We have had one tax vote in this Con- this little story. If I could, I would like year is supposed to be set aside in a gress that was for a tax increase. Sev- to share it. What I ask people to do savings account, but that actually in- enty-three of us voted against that bill. sometimes is to close their eyes and stead of putting it aside in a savings It is time we not have 73 but all 227 Re- pretend for a minute that they go account so it is there when the baby publicans get back on track with the home from work or they go home from boom generation gets to retirements, idea that we do not stand for raising school and they open their mailbox and so it is there to make good on Social taxes on the American people, we stand there is a letter there from a law office Security commitments, that we are for letting the American people keep from far away and they open up the spending it in Washington in other more of their own money. It is not like letter and all of a sudden they realize Washington programs, and we have Washington gets this money and it is H1324 CONGRESSIONAL RECORD — HOUSE April 8, 1997 theirs. It is not Washington’s money, it 70 cents for every $100 of spending. We the price they pay for a loaf of bread, is the people’s money. So when we have do not need to fight about Medicare, when they want to buy a car, when tax votes in the future, our second vote and I hear about all these cuts in Medi- they want to buy something else for is a vote on taxes, it was a tax in- care spending. I have in front of me the family, when they want to take a crease. You may remember the airline perhaps the most conservative budget vacation. Those taxes are there and ticket tax increase. We need to stop being proposed in Washington. Medi- they have to be paid. doing that and get back on track. care spending has gone from $211 bil- And I wonder if you can tell us—I The third vote I would like to talk lion in 1997 all the way up to $285 bil- know you do not have your chart on about during the 100 days: We took $340 lion in the year 2002. So Medicare that, but that is an added burden on million out of the pockets of the Amer- spending can still go up under this every family, and I want to come back ican citizens and we sent it overseas to budget plan. to the burden on the family and what foreign aid for purposes of family plan- We can balance the budget, we can it means. ning. So we took $340 million out of the let the American people keep more of Mr. NEUMANN. It means $600 every pockets of American citizens, sent it their own money, and we can still have month from an average family of 5 to overseas for purposes of family plan- Medicare and Social Security and the do nothing but pay the interest on the ning, including abortions. That is not programs that are most important. Federal debt, 600 bucks a month. And why I came to Washington. So that is You know, I always enjoy these dis- you know when you think of a young another vote that went the wrong di- cussions in Washington because in family starting out in life or they rection. Of course we voted against it; Washington people start wringing their maybe had a couple kids and you start many of us did. hands and saying, ‘‘Oh, we can’t do this thinking about them having to pay $600 But the bottom line is as a party we and we can’t do this; we have got to a month to do nothing but pay the in- need to get back on track. No more tax have more of the American people’s terest and then you think about this increase votes. As a matter of fact, we money.’’ We sometimes forget that we city where they start describing what want to vote to let the American peo- are already collecting $6,500 on behalf it is they have to have the money to ple keep more of their own money. No of every man, woman, and child in the spend it on. new spending bills that are going to United States of America. I think the worst example I have seen allow the deficit to go up. That is not Just think about this. The Federal out here is the Russian monkeys being what this party is about. This party is Government today spends $6,500 on be- sent into space and you and I have had about controlling spending. half of every man, woman, and child in this conversation: I find it very frus- The last vote I talk about during the the United States, and, Congressman, trating because we brought an amend- 105th Congress, first 100 days, was the you know at our townhall meetings we ment last year to the floor of the last vote we took before the Easter re- talked about how much spending was House to prevent this from happening, cess. It was a vote to raise Washington being cut, that draconian cut in Wash- but the fact is there was a Senator who committee staff spending by 141⁄2 per- ington, and do you remember the reac- wanted it so it got put back in. We sent cent. So our first real spending vote of tion we got from our folks at the town- $35 million of the American people’s the 105th Congress was for a 141⁄2-per- hall meetings when I read those draco- money to Russia so Russia could cent spending increase. I am happy to nian spending cuts that are going on in say that bill did go down to defeat and launch monkeys into space to do re- Washington? You remember when I it was reworked, and we got closer to a search on the monkeys. Now we killed read the numbers of actual spending, freeze; maybe not what I would like to that here in the House, but when it got see exactly but did get closer to a that spending was being cut from $1,568 over in the Senate they put the money freeze. But I think that bill represents billion all the way down to $1,629 next back in. And I think that is the point. Is it for the first time the Republicans once year and it was further being again standing for what Republicans draconianly cut to $1,657 billion the really fair to go to our families and ask stand for, and that is less Washington, next year, and do you remember what them to send more money to Washing- less bureaucracy, and I think maybe the people did—— ton so that Washington can continue Mr. GUTKNECHT. They could not be- this flow in the wrong direction has these programs, and you know it is a been stopped and once again we will be- lieve it. very important time out here. We have Mr. NEUMANN. They could not be- come the party that stands for letting gone through those first 100 days; they lieve it. Spending is not going down the American people keep more of are over and behind us. Are we going to under these budget plans, spending is their own money and doing that by re- get back on track to control Washing- going up each and every year. From ducing the size and scope of Washing- ton spending or are we going to keep the year 1996 to the year 2002 spending ton. We do not need more Washington going as we have been for the first 100 committee staff, we need the American is not going down, spending has gone days? people keeping more of their own up from $1,568 billion to $1,810 billion. I I personally look forward to NEWT money, deciding how to spend their sometimes think that the American GINGRICH and the leadership of the Re- own money. people forget that this Government, publican Party getting us back on Now if Washington is going to take Washington, DC is collecting $6,500 out track of what Republicans stand for: more money from the American people, of their pocket. You know some of Less Washington, smaller Government, if Washington is going to go into your them go, ‘‘Well, I don’t have to worry, still the things necessary for our soci- paycheck and collect more taxes, of I don’t pay that much out of my pay- ety, a strong defense, take care of the course they need more people to figure check.’’ But every time a person walks people who are not able to take care of out how to spend that money. My sug- into a store and buys something as themselves and by that I mean the gestion is instead we just let the Amer- simple as a loaf of bread the store handicapped and the disabled, but let ican people keep more of their own owner makes a small profit on that us not keep going into our families’ money. Then we will not need the addi- loaf of bread, and when the store owner pocket and taking more and more tional Washington staff. makes a profit on that loaf of bread money out here for all kinds of un- Does that mean we have problems in part of that profit gets sent down here imaginable things that we keep spend- Social Security? No way. Social Secu- to Washington because of course they ing on. It is just a ludicrous thing. rity, if we just do the right thing, leave are paying taxes on their profit. We are in some very, very difficult our Washington hands off of the Social Mr. GUTKNECHT. If the gentleman times out here because the establish- Security money, Social Security is safe would yield, another point you made ment believes that we have to keep and solvent. If we keep spending the and I think it may have slipped by spending more money. I heard today, trust fund, we are in serious trouble, some of our colleagues, how much in- for example, that in order to pass the but if we keep our hands off that terest on the debt each family is re- bills what we actually have to do is money in Washington, Social Security quired to pay every year. Now they spend another $20 billion. is fine. may not pay it directly, they may not Now remember we spent 22 billion How about Medicare? Well, the re- pay it in direct taxes, but they pay it extra last year and that 22 billion led ality is we had a Medicare battle about one way or the other. They pay it in to the first deficit increase, and 6 April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1325 months almost to the day after that numbers, but the real problem is the because they were taking another 4.3 vote, 6 months almost to the day after discretionary spending. cents a gallon in gasoline tax, but they that vote to increase the deficit, we Mr. NEUMANN. And new—— were not using it to construct roads in saw the interest rates take a hike, and Mr. GUTKNECHT. New discretionary Wisconsin or Minnesota or anywhere now I am hearing that we have got to spending. else. They were simply pouring on spend another $20 billion just to get the Mr. NEUMANN. On new programs. more Washington spending programs. bills to a passable form. I personally Mr. GUTKNECHT. On new Washing- We came here campaigning against find it offensive that we would even ton spending programs. And once you those tax increases and against that consider such a thing. start a new program you create a new 1993 tax increase that passed here by And you know I look at this chart constituency and that is one thing that one vote, of course passed over in the with the Social Security and think if we have the courage to stand up and Senate by one vote, and the President about the fact that it is new Washing- say no to any new programs, if the then signed. But the bottom line is, I ton spending that has taken that President wants new programs then he think our colleagues and I think the money from the Social Security Trust is going to have to find other programs American people have the right and Fund and blown it in, that has taken that he is going to have to eliminate, should know that many of us have not that money from our children’s future and we all know there is wasteful, du- forgotten why we came here, and that and spent it. It has just got to be plicative programs that are not work- even though these things seem to be stopped. ing. adrift, we have not forgotten what we Mr. GUTKNECHT. If the gentleman Mr. NEUMANN. If the gentleman came here to do so our children will would yield, the story of the Russian would yield, I think that is the point. have opportunities in this great Nation monkeys going into space, the real sad If Washington finds a genuine need and of ours. part of that story if you really boil it it is legitimate and they actually need We came here to make sure that So- all down is that we had to borrow that to spend money on something that is cial Security is solvent for our parents money from our kids and every dollar legitimate, they need to find other pro- and for the senior citizens that rely on we spend now in new programs or new grams that are not legitimate or not it. We came here to make sure Medi- items in the budget, we have got to working and cancel those programs care does not go bankrupt. We came borrow that money. that are not working so we can afford here to fix a broken system that was The first time I came out here as a to do a program that may be needed. spending too much of our children’s candidate for Congress I wore a little Let me give you an example of how money. We have not forgotten what we pin and it said carpe diem: seize the this might work. came here to do. We came here to day. And the one message that came We just found out that women in make sure that our families, that the through loudly and clearly at most of their forties should have mammograms American people that go to work every my townhall meetings that I had when and we found out that it is a genuine morning, get to keep more of their own we were home for the Easter break was need. We have welfare reform where money. that the American people, the people of able-bodied welfare recipients are now Many of us have not forgotten what my district want us to regain the ini- required to be in the work force. So we we came here to do, and I think our tiative, they want us to seize the day. potentially have a woman in her forties colleagues and I think the American They understand that good habits are who has gone into the work force, people should understand that there is hard to get a hold of, bad habits are taken her first job, is earning some- a large number of us that, even if the easy to fall into, and they want us to place between $6 and $8 an hour or rest seem adrift, we have not forgotten get back in those good habits of forcing maybe even minimum wage, so she is what the Republican Party stands for fiscal discipline, and I was proud to be at the bottom end of the pay scale. So and why it was that we were elected as a part of the 104th Congress in spite of Medicaid is going to have to cover— Republicans and sent to Washington. some of the back sliding we did toward generally eligible for Medicaid, Medic- Mr. GUTKNECHT. Mr. Speaker, we the end. I think we made some real aid would have to cover those mammo- will continue to stand with the work- progress, but there is a real fear that grams. You cannot just say we are ing families of middle America. you have and that I have that it is easy going to cover all the mammograms I would close with just one reminder, to fall back into those old habits of because the money has to come from because our time has about expired saying yes to all the various special in- somewhere. here. When I was growing up, when my terest groups who come out here to So let me give you an example how colleague was growing up, most of us Washington and want more of our chil- this might work. Suppose for example grew up in families where only one per- dren’s money. we said we are not going to send Rus- son had to work, and that was because If I could just say this too, and I sian monkeys into space with Amer- the tax rate was something like 4 to 5 want to say you know we do not want ican tax dollars and instead what we percent of my folks’ gross income. to paint too dark a picture because are going to do is pay for mammo- Today, the average family spends more good things are happening. We have grams for women in their forties who for taxes than they do for food, cloth- gone a long way in terms of reforming have just left the welfare roll and are ing, and shelter combined. If tax in- our entitlement system. The welfare in their first job and could not afford creases had been the answer to these system is a long way down the road to to have them otherwise. growing deficits, we would have had a balanced budget years ago. becoming much more what Wisconsin b wants, what Minnesota wants, what 2015 The truth of the matter is, the real the States want and encouraging per- That is how this thing could work answer is we have to control our appe- sonal responsibility and encouraging when we find out that there is a legiti- tite for more spending. If we are will- families to stay together. mate need for doing something. ing to do that, if we are willing to face We are making progress on Medicare. If I can just speak on one more point up to the special interest groups, if we The President’s budget and our num- here, we were talking about the tax in- are willing to say that if we want new bers now are not far a part. He has pro- creases before, and we both campaigned programs we have to eliminate some of posed a hundred billion dollars’ worth during the same year when we first the old programs that are not working, of savings, and we think that is good. came here. I remember distinctly cam- if we are willing to do that, we can On Medicaid the President has rec- paigning extensively against the 1993 solve this budget problem, we can save ommended 32 billion dollars’ worth of tax increase. Social Security without touching the savings. If my colleagues recall, that vote CPI adjustment. We can do all of these But the real issue before us I think in passed this institution, the House, by things, but we have to have the cour- this Congress, and I think as you said one vote, and it passed over in the Sen- age and we have to seize the day. we can work with the welfare numbers, ate by one vote. It raised the gasoline Mr. NEUMANN. Mr. Speaker, I think we can work with the Medicare num- tax by 4.3 cents a gallon, and the peo- that is a good way to wrap it up. I bers, we can work with the Medicaid ple in Wisconsin were very upset about think it is important to wrap it up by numbers, we can work with the defense it. They were especially upset about it reiterating that we can in fact balance H1326 CONGRESSIONAL RECORD — HOUSE April 8, 1997 the budget by the year 2002, while we the telephone, the inventors of the tel- this in other countries. Inventors had let the American people keep more of evision and of the electric light and the their ideas stolen from them by very their own money and at the same time airplane and the microprocessor, and powerful people, and in fact, in other save the Social Security system. If we the MRI and other marvelous health systems, it would be so mixed up in the go past 2002 and we talk about how we technologies that we enjoy today, that bureaucracy, a person would never be pay off the debt, as we pay that debt have made our life a quality life com- granted a patent until 10 and 20 years off we are restoring those funds in pared to what it was just a few short after they applied. But in our country IOU’s and the Social Security trust years ago. Those Americans were the they knew that no matter how long it fund now, we can do these things if we ones who invented these fabulous tech- took a patent to be issued, they would just control new Washington spending nologies that changed the way of life have 17 years to recoup their invest- programs. for the people of this world and uplifted ment. This is not even about going into pro- the standard of living of the American This meant that people invested in grams that currently exist and some- people. That was no mistake. our country, the private sector in- how destroying them or attacking We had patent laws and a patent sys- vested in new inventions and new them, because the revenues are so tem that protected the individual and ideas, which made all of the difference much higher than what anybody an- made it profitable for investors to fi- in our standard of living. We did not ticipated, the economy is doing so well, nance the development of new tech- have to rely on the government to in- that this is no longer about the things nologies. Written into our Constitution vest in new technology development that were talked about 2 years ago. is the establishment of the patent of- because we had people in the private This is now just about controlling our fice. Now, most people do not even un- sector who would seek out inventors desire in Washington, DC to spend and derstand that. They have no idea that and creative people and give them spend and spend in new Washington we are any different than any other money voluntarily to try to provide programs to satisfy some constituency. country of the world when it comes to them the resources they needed to in- We need to regain that initiative. We technologies and inventions. They have vent the telephone. How different would our lives be need to regain what we came here to no idea. do: Balance the budget so our children They know that we are different than today if the telephone had not been in- vented? How different would our lives have hope and opportunities in this other countries in the world in that we be if these inventions that created the great Nation we live in; preserve Social have freedom of speech, that we have bountiful harvest of food in our coun- Security and Medicare for our senior freedom of press, we have freedom of try had not been invented? But private citizens; and for goodness sakes, let the religion, and that we respect the rights inventors sponsored by private inves- American people keep more of their of the individual, and that was the pur- tors did the job because they were own money. It is their money, not pose of our Founding Fathers, to estab- guaranteed 17 years of protection. lish a government that would protect Washington’s money. That is how we Well, 3 years ago, and I am sorry to people’s rights. Yes, people know that preserve this Nation for the next gen- inform those of you who are reading eration, and that is what I hope our about the United States, but they do this for the first time or listening to service to this country is all about. not know one of the major factors that this for the first time, 3 years ago our f have given them the standard of living, right to a guaranteed patent term, a given our people the standard of living right Americans have enjoyed since the SOUNDING THE ALARM FOR that they enjoy, that has meant that AMERICA’S PATENT SYSTEM founding of our country, was taken they have reasonable and decent lives, from us and taken from us in a very The SPEAKER pro tempore (Mr. was the fact that there were other pro- stealthy manner, so most of the Amer- MANZULLO). Under the Speaker’s an- tections in our Constitution, protec- ican people have no idea that this right nounced policy of January 7, 1997, the tions for the rights of people who in- has been taken away and what the im- gentleman from California [Mr. vented and created things, things that plications of that right are. ROHRABACHER] is recognized for 60 min- would improve our lives. The fact is that that right was taken utes. From the earliest days of our Repub- away by a provision that was snuck Mr. ROHRABACHER. Mr. Speaker, lic we had these protections and we had into the GATT implementation legisla- next Thursday, April 17, the House of a patent office, actually part of our tion. That GATT implementation legis- Representatives will make a crucial de- Federal Government since the time our lation of over 2 years ago now, 3 years cision, and this decision has yet to be Constitution was written. In fact, up ago actually, basically replaced the 17- covered by the mainstream news media until 2 years ago we had, as protected year guaranteed patent term with an of the United States. Thus, the Amer- by law, by the United States law, all uncertain patent term. In fact, just a ican people are for the most part un- the way from our country’s founding look at this issue from a distance, aware of this oncoming threat to our until 2 years ago, we had something some people actually thought the pat- country and to the well-being of our that was called the guaranteed patent ent term was being expanded and made citizens. term. longer. So let me sound the alarm bell, and Now, what is that all about, a guar- Instead, what happened was, 17 years that is what I am hoping to do tonight, anteed patent term? Well, what a guar- of a guaranteed patent term was ex- sound the alarm bell. In the next few anteed patent term has been in the changed for a patent term which is minutes I will be exposing a maneuver United States of America is something called 20 years from filing, and it which, if successful, will do incredible that has ensured that we have been the sounds like there would be even more long-term harm to the United States of ones who invented all of these wonder- protection. Nope, no. In fact, what this America. Yet, at this moment, this leg- ful things. The guaranteed patent did was take a situation where you islation is being quietly maneuvered term, from the time of our Constitu- were guaranteed, you knew how much through the process and is likely to tion until two years ago, was that time you would have in a patent and pass a vote in the House of Representa- when someone had invented something, you were guaranteed that as a right, tives and be made into law. when they went to apply for a patent, and instead, because the clock was What I am referring to is dramatic that inventor, once that inventor ap- ticking against the bureaucracy and and fundamental changes that are plied for the patent, no matter how this deterred people from trying to being proposed to be made to America’s long it took the patent to be issued, interfere with the process, now we have patent system, a system of rights and the inventor was guaranteed a certain replaced it with 20 years from filing. government institutions that have en- patent, legal patent term. At first it What that means is, once someone sured that the United States has been, was 14 years and then it was expanded files for a patent, the clock is ticking since the founding of our country, a over 100 years ago to be 17 years, so we against that person. The clock is tick- technological leader in the world; that have had a guaranteed patent term of ing against the inventor, against the our fellow Americans, basically, were 17 years. investor, and whatever time it takes is the inventors of the reaper, the inven- Now, what difference does that make, taken away from their time of protec- tors of the telegraph, the inventors of people will ask. Well, they did not have tion, away from their property rights. April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1327 This will be a dramatic decrease in implementation legislation. Sure The patent system that gives us the the amount of money that is spent in enough, there was a provision in that technological edge is being destroyed the United States to develop new tech- legislation that dramatically changed in a very hushed and quiet manner, and nologies, the technologies that will our patent rights. However, that provi- it will come to a vote, the next step in keep us the No. 1 leader in the world sion was never required by the GATT this process, it will come to a vote on economically. These new technologies agreement itself. In other words, that the floor. are the only things that permit us to was not something that they had to Mr. Speaker, here we are facing a out-compete the slave labor and the put into the bill in order to be consist- very quiet maneuver, something that cheap labor overseas. It is the good ent with the GATT agreement they had has been kept out of the mass media, technology that has permitted the made with our trading partners. Some- something that the regular media, the American people to increase their one had snuck it into the bill. news media in this country has not standard of living. But no, now that When I say snuck into the bill, I covered, that is going to make a dra- has been taken away, or it was in the mean snuck into the bill. I got wind matic change in America’s fundamen- GATT implementation legislation there was some change going to be tal technology and a dramatic change which eliminated the guaranteed pat- made in our patent laws, so I began in our rights and a dramatic change in ent term. calling the Trade Representative and our standard of living. It will be some- By the way, if someone’s patent others in the administration, asking thing that over a long period of time takes 15 years to issue, as many of our whether or not there was actually will have a greater impact on our breakthrough technologies do, unim- going to be a provision in the GATT standard of living than our natural re- portant technologies issue very quick- implementation legislation that sources and the other great things that ly, but things that make a difference, I changed American patent law. I was have made America such a wonderful mean billions of dollars of new wealth, told that I did not have a right to country. that takes 10 years, 15 years some- know. When did this all start? It is going to times, that means that for those 15 I, an elected representative of the come to a head on April 17 when the years foreign multinational corpora- people of the United States, as are the Steal American Technologies Act, H.R. tions do not have to pay royalties into rest of my colleagues, and the adminis- 400, comes to a vote on the floor of this the pockets of our inventors. tration told me I had no right to know House. About half of the Members of b 2030 what was going to be in a piece of legis- this House have no idea this bill is That is 10 to 15 years that the money lation that was to be presented to the coming to a vote and have no idea what is going to be in their coffers instead of Congress of the United States? That is this bill is all about. Four years ago Bruce Lehman, the in the pockets of American inventors, not only a betrayal, but an arrogant head of our Patent Office, went to instead of in the bank accounts of betrayal of the American people. American citizens. Basically, Mr. Speaker, we ended up Japan where he signed an agreement I consider this act of sneaking this in a situation where the Members of with the head of the Japanese Patent into the GATT implementation legisla- Congress were forced to vote in favor of Office to harmonize America’s patent tion to be a total betrayal of the people the GATT implementation legislation laws with those of Japan. To put this of the United States. I voted for fast that included a major change, a fun- in perspective, America’s patent laws track. Fast track, which is what per- damental change, in the protection of over the history of our country have mitted them to sneak this provision American technological rights. We been the strongest and most protective into the bill, basically permitted them were forced to vote on that as one laws in the world. That is what gave to change the patent law. package. In other words, we either ac- America the edge. Yet Bruce Lehman, Let me explain how that worked. cepted this drastic change, this drastic head of the American Patent Office, Fast track means that we as Members change in American patent law protec- went there 4 years ago, signed an of Congress vote to give the right to tion, or we had to vote against the en- agreement, a hushed agreement I the administration to negotiate a trade tire world trading system. We had to might add, which I did not find out agreement with potential trading part- isolate the United States from the en- about until years later, to harmonize ners. The administration, in exchange tire world trading system. our law. for that agreement, that they can basi- That was a betrayal, and I will never He was not signing the agreement to cally negotiate the agreement and again vote for fast track authority harmonize our law to bring Japanese bring it to Congress and put it before going to this administration, under protection up to the level of protection Congress, and we were only permitted any circumstances. They lied that that is enjoyed and has been enjoyed up and down votes, that is what that time, and I say lied, and that is exactly by the people of the United States. In- fast track means, that we would only what this was, was a lie when they pre- stead, what Mr. Lehman supposedly, be permitted an up-or-down vote on sented it to this body with a provision representing the interests of the Unit- this legislation that had been nego- that was not mandated by the agree- ed States, signed was an agreement to tiated with our foreign trade partners. ment itself. They lied when they said make our system, our patent system, a But in exchange for fast track, the they would give us ample time to dis- carbon copy, a mirror image, of the administration had to agree to two cuss the issue. Japanese system. things. No. 1, there would not be any- During my efforts to basically return Let us make sure this is understood. thing included in the implementation to the guaranteed patent term and to The changes that were agreed to by our legislation brought to Congress. There try to stop it from going through in the representative were to make our strong would not be anything in that legisla- GATT process, I learned of an ongoing protection a weak protection like they tion except that which was required by plan that was aimed at, and I hesitate have in Japan. In Japan, Japanese eco- GATT itself. No. 2, we would have to use these words but they are accu- nomic shoguns beat their competition ample time, 50 days, to look over the rate, aimed at destroying, that is right, down ruthlessly. If you are not in the GATT agreement in order to make our I said destroying, the American patent ‘‘in’’ clique, you have no rights. The decision. system. Japanese economic shoguns who rule The administration waited until the The American patent system, which that society know they have leverage last possible moment to put the GATT has been the gem of our society, which on people because the laws do not pro- implementation legislation before Con- has permitted us to develop tech- tect the individual in Japan. They are gress, just a few days before Congress nologies that will actually change our aimed at the collective good in Japan, was to adjourn, and they expected us, way of life and make our lives better as and the individual rights that have in I think it was 10 days, to work on compared to other people around the been so much part of our system, they this and to basically approve it with- world, the gem that has improved the do not even think that way. out having a chance to read it and look life of the average person in our coun- That has permitted these powerful it over. try as compared to the life of people in interests in Japan to keep an iron grip One of the reasons we want to look it other countries, this gem is being de- on that society. That is why it has over is to find out what is in the GATT stroyed. been so difficult to open their markets H1328 CONGRESSIONAL RECORD — HOUSE April 8, 1997 to American goods, because we were ent term. That was eliminated by this When this bill was first introduced, it not dealing with their consumers who sneaky maneuver in the GATT imple- had a different name. The name of the would want American products, we mentation legislation. bill, now H.R. 400, is guess what? It is were dealing with Japanese powerful Now H.R. 400 goes the second step the 21st Century Patent Law Reform businessmen who know what power is and it eliminates what right? From the Act. Boy, does that sound positive. The all about and had used it in their own founding of our country until this bill, 21st Century Patent Law Reform Act. country. if it passes, we have had a right of con- What was this bill called when it was Now we are changing our laws, our fidentiality. When an inventor goes first introduced as 1733, which was 2 patent laws, to harmonize with them with his patent application to the Pat- years ago? This bill, which was intro- so they can do to the American inven- ent Office, he has had a right that none duced by Carlos Moorhead and Pat tor and the American people over here of that information will ever be pub- Schroeder, was first called the Patent what they have been doing to their own lished, will ever be published, until his Publication Act. They were trying to people for 100 years. patent is issued. Because once it is is- sneak this through and they had no What is worming its way through sued, he then has protection. He has idea anybody was going to be on to it. Congress is legislation that is imple- legal rights, then, that will protect That is what happened. menting phase 2 of this notorious har- him, and he knows that his adversar- It was called the Patent Publication monization agreement. Phase 1 of the ies, economic adversaries, cannot steal Act, but it got too hot, because that is agreement was, guess what; what do from him and use his own ideas against the real purpose of this bill. The real you think phase 1 was? Phase 1 was the him. This was a right our people had. purpose of the bill is to force our sys- elimination of the guaranteed patent Members have heard of industrial es- tem to harmonize with the Japanese term, and the replacing of it with a pionage. That espionage is that we do system so you publicize this. You pub- system based on 20 years from filing, not want our adversaries to have our licize this after 18 months, you pub- an uncertain term, which is the Japa- technological secrets. H.R. 400 will licize the patent application, but they nese system. That was phase 1. That come to the floor of the House of Rep- say, that is all right, we are including was what we got. resentatives a week from Thursday, in H.R. 400 the right of people to sue, to Immediately they tried to implement and it will, if passed, mandate that sue. this agreement with Japan by sneaking every one of our technological secrets If someone, when you have applied it into the GATT implementation leg- will be published for our enemies to use for a patent and your patent is pub- islation, and forcing Congress to either against us. It will eliminate the right lished and some Japanese huge cor- vote against the entire world trading of confidentiality. poration or Chinese, like the Chinese system or ratifying this secret and If it does any good, I guess you can army has these big companies now that hushed agreement with the Japanese. say they could probably use this as ad- steal our stuff over in China, if they Phase 2 of that agreement with the vocacy, it is certainly going to elimi- start using your technology, then you nate industrial espionage. Some laugh. Japanese is coming to the floor in one can sue them once your patent is is- This will be the first step in the de- week, H.R. 400. How do I know? I know sued. That is what right they have struction of America’s ability to com- because H.R. 400 includes a provision given us. So sue me. that would destroy a vital protection pete with other nations where they Can you imagine small American in- of our law, our patent law, and replace have cheap labor and slave labor. This ventors trying to go up against these it with a provision that comes directly will be the first step on the escalator corporate giants, these corporate gang- down for the standard of living of the from the Japanese code. sters in these dictatorships like China American people, and billions of dol- The Japanese code said, you know, it or Vietnam or these corporate goons lars into the pockets of our worst en- is 20 years from filing instead of a over in Japan? guaranteed patent term of 17 years. We emies and competitors. So now these people who are trying change it to that. What else does the b 2045 to push this bill through, who have Japanese code say? What is this provi- H.R. 400, I call it the Steal American hired lobbyists to come and see your sion? Hang onto your hats. If H.R. 400 Technologies Act, there are Members Member of Congress, my Member of passes, we, like the Japanese, will have who are advocating this with a straight Congress, everybody’s Member of Con- a system, a legal system, that man- face and they are saying, if we pub- gress being visited by these lobbyists, dates that when our inventors invent lished this, this will show our enemies they are doing everything they can to something and go to apply for a patent, what not to steal. Bruce Lehman, head pass the bill. And when you ask them, after 18 months, whether or not that of our patent office, last year was why are you supporting this bill, peo- patent has been issued, it is going to be stopped short and believe me, it took ple call up their offices, after they have published for the entire world to see. all of our effort to do it, in his efforts heard about how horrible it is. Every So if we have a system where break- to do what? What was his plan? He inventor in the United States is des- through technologies, like the micro- wanted to send the entire database of perate to stop this bill. They are des- processor or the MRI or the laser sys- the patent office to China, the disk. He perate. They know what this will tem, which took 20 years to get a pat- wanted to send our computer disk with mean. ent, or polypropylene plastic which was the entire database of our patent office So when people call up their Con- a major breakthrough in the way we to China. gressman and they say, why are you packaged things around the world, it That is like sending the worst thief supporting this bill, I notice that you took 20 years to get that patent issued, in the world the combination of your are supporting this H.R. 400, the Steal what is going to happen is after 18 safe and saying, we are just sending it American Technologies Act, and the months, whether or not the patent has to you so you will know what not to Member of Congress says, oh, just like been issued, every one of our techno- steal. By the way, that was what he the authors of the bill, they have been logical secrets are going to be pub- said was the purpose of sending the told that this is what they say, they lished for the entire world to see. database, so they would know what not talk about some really nice reforms in What does that mean? That means to steal. Something is haywire here; the bill. our technological secrets will be used something is haywire here. The news There are a few here that are pretty by our enemies to destroy us economi- media in the United States is not cov- good things in H.R. 400. They talk cally. People who hate America, people ering it. The American people do not about, for example, ensuring that pat- who want to destroy our way of life, know about it. And H.R. 400 is being ent fees are retained in the patent of- people who want to bring down the supported by an army of lobbyists from fice to make the patent office better standard of living of the American peo- multinational and foreign corporations and allowing the patent office to hire ple will have our technological secrets. that are going to meet each and every new employees, for example, and to This is the elimination of a right that Member of Congress to try to get them protect inventors against fraud from we have had as well. to vote for this heinous piece of legisla- phony advertising, sort of a truth in la- We had a right, from the founding of tion. Disclosing all of our secrets? Dis- beling type provision. That is all in our Constitution, to a guaranteed pat- closing all of our technology? H.R. 400. By the way, I support those April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1329 reforms. Those are very good reforms. have to publish your patent applica- Constitution, the Patent Office has But those are minor changes compared tion, that only dealt with future tech- been part of the U.S. Government. We to what the real intent of the legisla- nology. Current patent owners in the have had patent examiners. Patent ex- tion is. They are figleafs. They are cov- United States of America are going to aminers make quasi-judicial decisions ers. They are a facade for something find that there are provisions in this that determine who owns technology evil that is about to go on in this body. bill that opens them up to challenge by that represents billions of dollars, tens It is like giving someone a bouquet of these huge corporate interests and by of billions of dollars. These people, beautiful flowers. You have handed foreign and multinational corpora- they have had to be cleaner than someone a bouquet of beautiful flowers. tions. In other words, once their patent judges because they determine owner- Then the proponents of the legislation has already been issued to Americans, ship of technology, of property, of what hand the bouquet of beautiful flowers, we are going to find these huge cor- will become money, of wealth. and you are very happy. I have this porate entities overseas coming in and These stalwart public employees at bouquet of beautiful flowers. But then filing court cases and challenging the Patent Office, these patent examin- you happen to notice there are snakes American patents that have already ers, have been shielded from outside in- in the bouquet. This bouquet is crawl- been issued. fluences because they have been Gov- ing with snakes as well as flowers. Today it is very limited, very limited ernment employees. Do my colleagues Well, you say, well, by the way, are scope as to what you can challenge know what? In 200 years of this coun- these snakes poisonous? someone who owns a patent. They do try’s history, there has never been a They say, let me talk about the flow- not want it brought up again and again scandal, never been a scandal with ers, see how beautiful the flowers are and again. What H.R. 400 does is open it these patent examiners. The patent ex- here in this bouquet. No, I want to up to a panoply of issues that you can aminers have never been through scan- know if the snakes are poisonous be- bring before a court. Every one of our dals that have gone through many cause I do not want to hold on to it. patent owners is going to be put in other different parts of our Govern- Look at that beautiful rose in the bou- jeopardy. All of our current technology ment, because they have been shielded. quet. Why are you talking about will be put in jeopardy. Not just the fu- They have been protected from outside snakes when you can look at the rose? ture, not just publication but current influences. I do not want to take this home to technology. And what does H.R. 400 do to the Pat- my family. These snakes are poisonous. It is going to be challenged by the big ent Office that has been part of the They will kill my children. boys of the world, both foreign and do- U.S. Government since our country’s Do not think about that. Look at the mestic. founding? It obliterates it. It destroys beautiful flowers. Let me tell you There is a snake. There is a snake for it. It eliminates it. That is it. It takes about all the flowers. you. How about another snake that we the Patent Office and turns it into a That is what is going on with H.R. found in the bouquet of H.R. 400. An- corporate entity, a corporate entity. 400. They are talking about beautiful other snake is the snake that would Maybe something like the Post Office. flowers, when the bouquet is filled with permit these very same interests to They do this in the name of privatiza- poisonous snakes. One of the snakes is interfere with a patent applicant as the tion. mandating publication so that every- process is moving. Once they find out, I am here to say that I am a Ronald body in the world can steal it, steal our once they find out what he is up to be- Reagan conservative, I look at privat- technology, steal our ideas and use cause it has been published, they could ization as a very good thing. But there them against us. That is a snake. actually go into the process and inter- are core functions of government, the I had an industrialist in my office, a fere with the process. That is what we court system, our military, core func- guy who ran a small solar energy com- found out. Can you imagine that. We tions of government, institutions that pany. And when this piece of legisla- are opening up, our own people are are set up to protect our individual tion went through committee, and it going to be cut off by the biggest peo- rights, and you do not leave that in the has already gone through committee, ple in the world. They will probably hands of a corporate elite. You do not he said, Congressman, if they mandate make a little change in the patent and corporatize that. That is a legitimate that I publish all of my patent applica- then go in and try to interfere with the function of government. tions, what is going to happen is they process. That is a real snake. That is a Mr. Speaker, they want to take the are going to use my patent applica- snake to everybody. Patent Office and turn it into a cor- tions, then will use all of the things What about publication, what hap- porate structure with a private board that I have spent money for, millions pens? By the way, one thing you have of directors made up of, and it is man- of dollars to develop. They are going to to understand, if the patent is not is- dated in H.R. 400, to be made up of peo- go into production in Japan with my sued and you have then published it ple with a business and financial back- ideas, and all the money that they after 18 months, what happens if the ground, meaning corporate leaders of make from producing my technology patent is never issued. That means our this country will appoint who is the they will use against me to defeat me American inventors are putting their head of the Patent Office and oversee in court and to steal my technology heart and soul and investment in some- the policies of the Patent Office. And from me in court. They will be using thing and it does not pan out and the what effect will this corporatization my ideas and my innovation and my patent is not issued, what happens is have on this, on the honesty and the development to destroy me. That is a everybody in the world knows all of protection of our patent examiners real snake. That is a real poisonous their work. And if the patent is never from outside influences? snake. That is what is going to be hap- issued, they have no rights whatsoever All I can say is that part of H.R. 400 pening if H.R. 400 passes. That is a to sue anybody who is using their in- is a provision that permits this new en- threat to our future. formation. tity, this corporate entity, the Patent H.R. 400 is the Steal American Tech- Mr. Speaker, all of this was confiden- Office becomes a corporatized entity, nologies Act. But by the way, that tial before. It only became public up permits that entity to accept corporate snake that I just described, that is until this bill, if it passes, for since the gifts, private and corporate gifts from about new patents. If that was not bad founding of our country this has all foreign companies, from domestic com- enough, let me mention another snake been confidential information. panies. It permits this entity which that we have found hidden in the bou- By the way, there is one big snake in will determine who owns what tech- quet of flowers. I did not find this until this H.R. 400 Steal American Tech- nology to accept gifts from the people recently when we had legal minds go nologies Act, one big snake in the bou- who it is having to decide on who owns over this bill with a fine-tooth comb, quet that I have not mentioned. It is what. This is beyond belief, taking our with a microscope. probably the biggest snake of all. And patent examiners and subjecting them What did we find? Another snake hid- it is so easy to see that proponents of to who knows what outside influences den among the flowers. That is that the bill have had to go a long way to by who knows who. current patent owners, you see, the one try to disguise it. Basically for the More than that, the new corporate I was just talking about where you first 200 years of our country, since our entity will be able to float bonds so H1330 CONGRESSIONAL RECORD — HOUSE April 8, 1997 that they can build huge palaces. This lieve, be a Pearl Harbor in slow mo- they had not seen before that per- is one of the things that Bruce Lehman tion. Our standard of living, our way of mitted them to understand lift; that would like to do. He wants to build a life will be attacked and 20 years from managed to take mankind off of the huge new patent building. And by the now people will never know, will never ground on the windy shores of Kitty way, if the new Patent Office know what hit them. Hawk, NC, and catapulted mankind corporatization does not have the It was just 100 years ago when two into a new era. money for some reason, well, the tax- young Americans decided that they Here we are, less than 100 years later, payers are the ones who have to meet would set out to discover the secrets of less than 100 years after that first the obligation if those bonds that are manned flight. Two young Americans, flight, and look how this has changed floated by this corporate entity are not Orville and Wilbur Wright. They did our way of life. Look what their discov- repaid. not have a lot of education, but they ery has meant for the United States of H.R. 400 is the Steal American Tech- had freedom and they were Americans America. Their discovery has meant nologies Act. It has already gone and they had a dream. They owned this that we have built a tremendous aero- through subcommittee, passed I think bicycle shop in Ohio and they read ev- space industry that not only took man by voice vote, went through commit- erything they could get their hands on. to the moon but has facilitated jet air tee. I think it passed by either voice Perhaps more than any other Ameri- travel throughout this planet, and has vote or a close-to-unanimous vote. cans, these two young men represented uplifted the standard of living not only the spirit of what our country was and of the people who work for the aero- b 2100 hopefully always will be all about. space industry, who have good paying It has already passed through these Orville and Wilbur there in their bicy- jobs, but everybody else who is able to committees and there is an army of cle shop, reading and writing letters to enjoy the goods and services and visits lobbyists in the Nation’s Capital, hired people all over the world, struggling to that we have learned to expect as by multinational and foreign corpora- find, to discover that secret, the secret Americans, as part of our way of life tions as well as some of our own do- that would permit all of mankind to and our freedom to travel. mestic corporations, who are here try- soar, to soar into the heavens like What would have happened if Orville ing to basically do what they have a birds, like meteors. and Wilbur Wright would have had to right to do, which is influence the vote They worked hard. They had very lit- publish their secret before that patent of Members of Congress. tle money. They had investors. They was issued? Would there have been a The administration is behind this did have investors, and their investors Mitsubishi Corp. who would take their piece of legislation. They are backing knew if they discovered this, there invention and create an aerospace in- it. Of course, this is the same adminis- would be a time period when their se- dustry in Japan, while at the same tration which has been compromised cret would become profitable. They time using their money and resources by receiving campaign donations from would discover the secret and they to destroy Orville and Wilbur Wright Chinese interests, from Communist would be able to make some return on and destroy them in our own court sys- Chinese interests, I might add, by some their money. That is why people in- tem? of the same people we could expect to vested in them. Orville and Wilbur If H.R. 400 would have been in place, steal the American technology as soon knew they would have a 17-year guar- what would have happened was that as it was published. But the adminis- anteed patent term and they also knew the Japanese would have had all their tration is backing it. their secrets, what they discovered secrets, and before that patent was is- So we have these forces at play. would be kept secret until their patent sued the Mitsubishi Corp. could actu- These forces are working right now and was issued. ally have come and interfered with this bill will pass unless the American These two young Americans did what their right to get the patent. It could people personally get involved. This is the crown heads of Europe and the put a challenge on if the patent had al- the way it has always been when there huge empires around the world could ready been issued. It could have tied up has been a threat to our well-being. not do. The Kaiser could not do it. The these little guys from Ohio and tied Unless the American people get in- French, the English crown could not them in knots, and they could have volved, the Government can go in the discover the secret, the technology used the resources from the Wright wrong direction. Unless people actually that would permit man to soar like the brothers’ own discovery, the wealth call their Member of Congress and say, birds, to fly into the heavens. All they that was created by this new knowl- for goodness sakes, oppose H.R. 400, the had was their enthusiasm and their edge, to destroy the Wright brothers. Steal American Technologies Act, and freedom. Now, that is only one example. That please support the bill, H.R. 811, Con- I visited Kitty Hawk, NC, last year, is only one example of how technology gressman ROHRABACHER’s bill, and H.R. and it is one of the most inspiring sites and the protection of technology will 812, a bill which will reaffirm, it is that I can imagine. I would recommend directly affect our standard of living. called the Patent Term Restoration that to anyone who is listening or Hundreds of thousands of people work Act, reaffirm and strengthen patent reading this in the CONGRESSIONAL in the aerospace industry in the United protection in America. It is diamet- RECORD. Kitty Hawk talks about the States today. Good high-paying jobs. rically opposed to H.R. 400. indomitable spirit of the American That is because it was started with What we have now are my bill, which people. They had an indomitable spirit Orville and Wilbur Wright. It was be- would strengthen the patent office, and because they lived in a society that cause our creators and innovators have H.R. 812. H.R. 811, my bill, which would protected creators. It protected inves- had that protection. And now we are strengthen the American patent pro- tors. It protected innovators. trying to harmonize our system with tection, over here, versus a piece of leg- It protected the likes of Orville and the Japanese law. We cannot stand by islation, H.R. 400, that would destroy Wilbur Wright, normal, common, ev- as free people and let this happen. We our patent protection as we know it eryday Americans, rather than a legal cannot let it happen. and destroy the patent office. system that protected the elite like We cannot let our own huge cor- They are coming to a head on the they have had in Japan, or the elite in porate interests, who are pushing this floor of the House a week from Thurs- Europe and the other countries from bill, and they are all of the big compa- day. What will happen is my vote will which our forefathers and mothers fled nies now thinking that we have to pass come as a substitute motion, which to the new world to live a new life and this bill. Because of what? They call it means it will be a vote either for H.R. to live in freedom. globalism. They say that we are enter- 811 and 812 or for H.R. 400. If H.R. 400 So the people like Orville and Wilbur ing in this new era of global harmony. passes, gets the higher number of were able to dream great dreams, and Well, Lord protect us from those people votes, it will be passed into law, and I one day, and after years of failure and who would perfect all of the people of believe it will pass through the U.S. trying again and trying again, they did the world. Because usually these ideal- Senate. it. They discovered the secret, and the ists who want to create a perfect world As I say, it will have dramatic reper- secret for them was the shape of the end up causing great damage to the cussions. It will be, and I honestly be- wing. It was the shape of the wing that people of the United States of America, April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1331 to our rights and to our liberty and to Where does this all fit in with, of b 2115 our way of life. course, the campaign donations made f Globalism, this thought that has cap- to this administration? Where does it THE STRUGGLE FOR FREEDOM IN tured the imagination of our corporate fit in with the subject of patents? It is BURMA AND AFGHANISTAN leadership, now is being used as an ex- the Red Chinese as well as the Japa- cuse to do things that will hurt the nese and other copycats around the (Mr. ROHRABACHER asked and was standard of living of the American peo- world who are going to use our tech- given permission to address the House ple and will reduce the protections and nology. They are going to have the for 1 minute.) the legal rights of our people. benefits, these monster regimes will Mr. ROHRABACHER. Mr. Speaker, I This patent maneuver is just one ex- have the benefits of all the innovations have been involved with many various ample of that. It is maybe the first eas- and creative ideas before our own peo- groups of people who are struggling for ily defined and easily described exam- ple are even issued the patent. their freedom in different parts of the ple of that. We cannot permit the cor- world. Tonight, I would like to men- porate interests, who basically have That is what H.R. 400 is trying to do. tion two of them. One is the people of the right to live here and enjoy the H.R. 400, the Steal American Tech- Burma. The people of Burma are still protection that the American people nologies Act, will give them all that under the heels of a despotic regime. have given them, and they use their in- even before the patents are issued. We Let me note that those people in vestments to go overseas to countries cannot let that happen. And we can Burma are led by a nobel laureate like China and create factories, per- stop it. The lobbyists can be defeated if named Aung San Suu Kyi. Aung San haps even based on the technology they people let their Member of Congress Suu Kyi is one of the true heroes of our have stolen from their fellow Ameri- know that they are opposed to H.R. 400, day. I would hope that as the American cans, we cannot permit this to happen the Steal American Technologies Act, people hear about the issue of patents, so that our wealth and our technology and want their representatives to vote which I just described, that they will and our ideas are used against the for the Rohrabacher alternative, H.R. realize that there are some people, no United States of America in the name 811 and 812. They can be stopped. matter how brutal a regime, that are of some global concepts. Whether it is Orville or Wilbur or still willing to trade and do business It is not globalism they want. They whether it is Tom Edison, or whether with countries and governments like are putting that money in their own we are talking about the people that that in Burma. That government and pocket. They know that and they are have come up with the ideas and fought the Burmese people are separated by a justifying that sellout of the American the wars, the people who have built the wide difference in the sense that one is people by talking about globalism. churches, the people who teach in our the oppressed and one is the oppressor. I have not met any corporate leaders schools, the people who make this We set our policies, and as Americans who come into my office and told me country what it is, a great and wonder- we should always be identifying with about the big meetings they have had ful country, and have defended this the people who are the oppressed peo- with their Chinese leaders on the main- country, these are ordinary American ple and not those people who are the land of China about human rights. people. These are people who have oppressors. This is important for our They always talk about how most-fa- come here from every part of the world trade policies as well as our personal vored-nation status and trading with to live in freedom, and not to have our and political policies. the Chinese is going to bring about laws harmonized downward with the The other country I would like to more liberalization on the mainland of laws that they came here to escape. mention is Afghanistan, where the China and more respect for human They came here because this was going Taliban movement is in control of rights, and yet they have never spoken to be a better place, where individual three-quarters of the country. There is to the red Chinese bosses themselves rights of all citizens would be pro- a king of Afghanistan in exile in Italy about human rights. I guess they think tected. The ordinary people of the today who could and offers a positive it is osmosis that will create these alternative to the chaos and somewhat United States of America. People who ideal flows. repressive nature of those individuals are not rich. Well, I know those people who were or other individuals seeking power in sitting in my office trying to get me to Both of my parents were raised on Afghanistan. I would hope that the vote for most-favored-nation status farms. Homesteads. My dad was a ma- people of Afghanistan can someday free were really interested in a 20-percent rine who fought in World War II. I themselves from the tyranny of chaos return on their investment rather than spent 10 years as a journalist before I that has gripped them since the Rus- investing in the United States of Amer- got involved in politics, and I did not sians invaded their country back in ica and getting only a 5- to 10-percent make much money. It is ordinary peo- 1979–80. return. I know that is what it is all ple that will save our Republic. It is or- So tonight, as part of my message, I about. That is fine. If I can vote dinary people that have saved and pre- would hope that people in Burma and against it, I will, but I understand served our freedom, and this is one of the people of Afghanistan who have where they are coming from. those occasions when the ordinary peo- struggled so long and hard for their lib- What is happening with H.R. 400, ple of the United States have got to erty understand that while we are here they have convinced themselves, the make their will felt or we will see our on the House floor debating issues like corporate leaders have convinced freedom diminished and we will pay a the patent law and other laws that themselves that they are creating this price in the long run. really impact us greatly in the United new global economy, and that they can I am confident that a week from States of America, that we also under- basically bring down the level of pro- Thursday when this vote comes, that stand that America is a shining light of tection for American citizens and it good will triumph and American free- hope for the people of the world, will not bother them at all because dom will be preserved because the peo- whether they are oppressed people in they are creating this new global econ- ple will speak and they will not let Burma or in Afghanistan or elsewhere, omy which will be better for every- down the Orville and Wilbur Wrights of and that in Afghanistan, where there is body. a chance for the king to bring about a No. Their real purpose is to put more the past. They will not let down the pa- triots of bygone eras, and they will not new era, that the United States Gov- money in their pocket and to excuse ernment backs him and helps to end every dastardly act that they need to let, in the name of some global con- cept, our rights as Americans to be di- the cold war which was put to an end do to make that money, even if they by the strength and freedom of the Af- minished and to be frittered away by are making deals with the worst butch- ghan people. an elite that seems to have lost their ers in the world. The people of Tibet f could be totally incinerated tomorrow, patriotism and their direction and millions of them, and our corporate their moral values. LEAVE OF ABSENCE elite would still want to have most-fa- Mr. Speaker, I yield back the balance By unanimous consent, leave of ab- vored-nation status with China. of my time. sence was granted to: H1332 CONGRESSIONAL RECORD — HOUSE April 8, 1997

Mr. SCHIFF (at the request of Mr. Mr. THOMPSON. the Service’s final rule—Revisions of part 46, ARMEY), for today, on account of medi- Mr. MORAN of Virginia. Regulations Under the Perishable Agricul- cal reasons. Mr. DIXON. tural Commodities Act (PACA) (FV96–351) re- ceived March 31, 1997, pursuant to 5 U.S.C. Ms. KAPTUR (at the request of Mr. Mr. VISCLOSKY. Mr. ORTIZ. 801(a)(1)(A); to the Committee on Agri- GEPHARDT), for today, on account of culture. personal business. Ms. HARMAN. Mr. ACKERMAN. 2495. A letter from the Administrator, Ag- Mr. POMEROY (at the request of Mr. Mr. MARTINEZ. ricultural Marketing Service, transmitting GEPHARDT), for today, on account of of- Mr. COYNE. the Service’s final rule—Nectarines and ficial business. Mr. BERRY. Peaches Grown in California; Revision of Mr. FILNER (at the request of Mr. Mr. BROWN of California. Handling Requirements for Fresh Nectarines GEPHARDT), for today and the balance (The following Members (at the re- and Peaches (FV–96–916–3 Interim Final of the week, on account of official busi- quest of Mr. TIAHRT) to revise and ex- Rule) received April 2, 1997, pursuant to 5 ness. tend their remarks and include extra- U.S.C. 801(a)(1)(A); to the Committee on Ag- riculture. Mrs. MCCARTHY of New York (at the neous material:) request of Mr. GEPHARDT), for today, on Mr. GIBBONS. 2496. A letter from the Under Secretary for Rural Development, Department of Agri- account of illness. Mr. BLUNT. culture, transmitting the the Department’s Ms. CARSON (at the request of Mr. Ms. ROS-LEHTINEN. final rule—Community Facilities Grant Pro- GEPHARDT), for today, on account of ill- Mr. GINGRICH. gram (Rural Housing Service (RHS)) (RIN: ness. Mr. SENSENBRENNER. 0575–AC10) received April 1, 1997, pursuant to Ms. KILPATRICK (at the request of Mr. Mr. GILMAN in three instances. 5 U.S.C. 801(a)(1)(A); to the Committee on GEPHARDT), for today, on account of Mr. GALLEGLY. Agriculture. Mr. GEKAS in two instances. personal business. 2497. A letter from the Director, Office of Mr. MCCOLLUM. f Regulatory Management and Information, Mr. DAVIS of Virginia in two in- SPECIAL ORDERS GRANTED Environmental Protection Agency, transmit- stances. ting the Agency’s final rule—Propamocarb By unanimous consent, permission to Mrs. ROUKEMA. Hydrochloride; Pesticide Tolerance for address the House, following the legis- Mr. PORTMAN. Emergency Exemptions [OPP–300464; FRL– lative program and any special orders Mr. SHUSTER. 5597–2] (RIN: 2070–AC78) received March 3, heretofore entered, was granted to: Mr. FRANKS of New Jersey. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the (The following Member (at the re- (The following Members (at the re- Committee on Agriculture. quest of Mr. SHERMAN) to revise and ex- quest of Mr. ROHRABACHER) to revise 2498. A letter from the Chairman and CEO, tend her remarks and include extra- and extend their remarks and include Farm Credit Administration, transmitting neous material:) extraneous material:) the Administration’s final rule—Disclosure Ms. JACKSON LEE of Texas, for 5 min- Mr. DUNCAN. to Shareholders; Disclosure to Investors in utes, today. Mr. CLAY. Systemwide and Consolidated Bank Debt Ob- (The following Members (at the re- Mr. DEUTSCH. ligations of the Farm Credit System; Quar- f terly Report (RIN: 3052–AB62) received March quest of Mr. TIAHRT) to revise and ex- 25, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to tend their remarks and include extra- BILL PRESENTED TO THE the Committee on Agriculture. neous material:) PRESIDENT 2499. A letter from the Administrator, Mr. HULSHOF, for 5 minutes, today. Mr. THOMAS, from the Committee Farm Service Agency, transmitting the Mr. GIBBONS, for 5 minutes, on April on House Oversight reported that that Agency’s final rule—Interim Rule: Special 9. committee did on the following date Combinations for Flue-Cured Tobacco Allot- Mr. CHRISTENSEN, for 5 minutes each present to the President, for his ap- ments and Quotas (RIN: 0560–AF14) received day, on April 9 and 10. proval, a bill of the House of the fol- March 31, 1997, pursuant to 5 U.S.C. Mr. SHIMKUS, for 5 minutes each day, 801(a)(1)(A); to the Committee on Agri- on today and April 9. lowing title: culture. Mr. PAPPAS, for 5 minutes, today. On March 21, 1997: 2500. A letter from the Administrator, Mr. SCARBOROUGH, for 5 minutes, H.R. 514. An act to permit the waiver of Farm Service Agency, transmitting the today. District of Columbia residency requirements Agency’s final rule—Farm Credit—Title VI for certain employees of the Office of the In- Mr. GEKAS, for 5 minutes, today. of the Federal Agriculture Improvement and spector General of the District of Columbia. Reform Act of 1996 (1996 Act) (RIN: 0560– Mr. BONO, for 5 minutes, today. f Mr. THUNE, for 5 minutes, today. AE87) received March 26, 1997, pursuant to 5 Mr. RIGGS, for 5 minutes, today. ADJOURNMENT U.S.C. 801(a)(1)(A); to the Committee on Ag- riculture. Mr. KINGSTON, for 5 minutes, today. Mr. ROHRABACHER. Mr. Speaker, I f move that the House do now adjourn. 2501. A communication from the President of the United States, transmitting his re- EXTENSION OF REMARKS The motion was agreed to; accord- quests for a fiscal year 1997 supplemental and By unanimous consent, permission to ingly (at 9 o’clock and 20 minutes a fiscal year 1998 budget amendment for the revise and extend remarks was granted p.m.), the House adjourned until to- Federal Election Commission [FEC], pursu- to: morrow, Wednesday, April 9, 1997, at 11 ant to 31 U.S.C. 1107 (H. Doc. No. 105–61); to (The following Members (at the re- a.m. the Committee on Appropriations and or- f dered to be printed. quest of Mr. SHERMAN) to revise and ex- tend their remarks and include extra- EXECUTIVE COMMUNICATIONS, 2502. A letter from the Secretary of De- ETC. fense, transmitting the annual report of the neous material:) Reserve Forces Policy Board for fiscal year Mr. ANDREWS. Under clause 2 of rule XXIV, execu- 1996, pursuant to 10 U.S.C. 113 (c) and (e); to Mr. STARK. tive communications were taken from the Committee on National Security. Mr. PASCRELL. the Speaker’s table and referred as fol- 2503. A letter from the Under Secretary of Mrs. MALONEY of New York in two in- lows: Defense, transmitting the Secretary’s se- stances. 2493. A letter from the General Sales Man- lected acquisition reports [SARS] for the Mr. WEYGAND. ager and Vice President, Commodity Credit quarter ending December 31, 1996, pursuant Ms. WOOLSEY. Corporation, transmitting the annual report to 10 U.S.C. 2432; to the Committee on Na- Mr. UNDERWOOD. on monetization programs for U.S. fiscal tional Security. Mr. TRAFICANT. years 1993, 1994, and 1995, pursuant to 7 U.S.C. 2504. A letter from the Director, Office of Mr. KLECZKA. 1431(b)(9)(B); to the Committee on Agri- Administration and Management, Depart- Mr. KUCINICH. culture. ment of Defense, transmitting the Depart- Mr. STOKES. 2494. A letter from the Administrator, Ag- ment’s final rule—Air Force Privacy Act Mr. HOLDEN. ricultural Marketing Service, transmitting Program [Air Force Reg. 12–35] received April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1333 March 21, 1997, pursuant to 5 U.S.C. the Council’s annual report for fiscal year Section 112(1) Program of Delegation; Wis- 801(a)(1)(A); to the Committee on National 1996, pursuant to 29 U.S.C. 781(a)(9); to the consin [WI73–01–7302(b); FRL–5691–7] received Security. Committee on Education and the Workforce. March 27, 1997, pursuant to 5 U.S.C. 2505. A letter from the Assistant Secretary 2518. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Commerce. of Defense for Force Management Policy, De- Regulatory Management and Information, 2528. A letter from the Director, Office of partment of Defense, transmitting an in- Environmental Protection Agency, transmit- Regulatory Management and Information, terim response to the requirement of section ting the Agency’s final rule—Approval and Environmental Protection Agency, transmit- 1256 of the National Defense Authorization Promulgation of Implementation Plans; ting the Agency’s final rule—State of Flor- Act for fiscal year 1997 for a report on Parity California—Ozone [FR # CA126–0030; FRL– ida: Final Authorization of State Hazardous of Pay for Active and Reserve Component 5804–5] received March 31, 1997, pursuant to 5 Waste Management Program Revisions (FRL members; to the Committee on National Se- U.S.C. 801(a)(1)(A); to the Committee on 5802–9) received March 26, 1997, pursuant to 5 curity. Commerce. U.S.C. 801(a)(1)(A); to the Committee on 2506. A letter from the Director, Office of 2519. A letter from the Director, Office of Commerce. Administration and Management, Depart- Regulatory Management and Information, 2529. A letter from the Managing Director, ment of Defense, transmitting a report on Environmental Protection Agency, transmit- Federal Communications Commission, trans- printing and duplicating services procured ting the Agency’s final rule—Clean Air Act mitting the Commission’s final rule—Revi- in-house or from external sources during fis- Approval and Promulgation of Air Quality sion of Part 2 of the Commission’s Rules Re- cal year 1996, pursuant to Public Law 104–201, Implementation Plan Revision for Utah; Vis- lating to the Marketing and Authorization of section 351(c) (110 Stat. 2490); to the Commit- ibility Protection [UT–001–0001a; FRL–5802–2] Radio Frequency Devices [ET Docket No. 94– tee on National Security. received March 31, 1997, pursuant to 5 U.S.C. 45, RM–8125] received March 25, 1997, pursu- 2507. A letter from the Secretary, Panama 801(a)(1)(A); to the Committee on Commerce. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Canal Commission, transmitting the Com- 2520. A letter from the Director, Office of on Commerce. mission’s final rule—Panama Canal Commis- Regulatory Management and Information, 2530. A letter from the Managing Director, sion Acquisition Regulation; Debarment, Environmental Protection Agency, transmit- Federal Communications Commission, trans- Suspension, and Ineligibility [48 CFR Part ting the Agency’s final rule—Approval and mitting the Commission’s final rule—Tele- 3509] (RIN: 3207–AA30) received March 26, Promulgation of State Implementation Plan; phone Number Portability [CC Docket No. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Minnesota; Enhanced Monitoring [MN40–01– 95–116, RM–8535] received March 25, 1997, pur- Committee on National Security. 6988a; FRL–5694–4] received March 31, 1997, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 2508. A letter from the Secretary of De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tee on Commerce. fense, transmitting the Department’s report 2531. A letter from the Managing Director, mittee on Commerce. entitled ‘‘Military Capabilities of the Peo- 2521. A letter from the Director, Office of Federal Communications Commission, trans- ple’s Republic of China’’; to the Committee Regulatory Management and Information, mitting the Commission’s final rule— on National Security. Amendment of the Commission’s Rules to Environmental Protection Agency, transmit- 2509. A letter from the President and Relocate the Digital Electronic Message ting the Agency’s final rule—Approval and Chairman, Export-Import Bank of the United Service From the 18 GHz Band to the 24 GHz Promulgation of State Implementation Plan; States, transmitting a report involving U.S. Band and to Allocate the 24 GHz Band for Indiana [IN–53–1a; FRL–5710–1] received exports to various countries, pursuant to 12 Fixed Service [ET Docket No. 97–99] received March 31, 1997, pursuant to 5 U.S.C. U.S.C. 635(b)(3)(i); to the Committee on March 25, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. Banking and Financial Services. 801(a)(1)(A); to the Committee on Commerce. 2522. A letter from the Director, Office of 2510. A letter from the Chairman, Federal 2532. A letter from the Managing Director, Regulatory Management and Information, Financial Institutions Examination Council, Federal Communications Commission, trans- transmitting the Council’s 1996 annual re- Environmental Protection Agency, transmit- mitting the Commission’s final rules— port to Congress, pursuant to 12 U.S.C. 3305; ting the Agency’s final rule—Approval of Amendment of Part 90 of the Commission’s to the Committee on Banking and Financial Section 112(1) Program of Delegation; Indi- Rules To Provide for the use of the 220–222 Services. ana [IN74–1(a); FRL–5687–8] received March MHz Band by the Private Land Mobile Radio 2511. A letter from the Assistant to the 27, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to Service [PR Docket No. 89–552 RM–8506]; Im- Board, Federal Reserve System, transmit- the Committee on Commerce. plementation of Sections 3(n) and 332 of the ting the Reserve’s final rule—Regulation M, 2523. A letter from the Director, Office of Communications Act [GN Docket No. 93–252]; Consumer Leasing Act [Docket No. R–0952] Regulatory Management and Information, Regulatory Treatment of Mobile Services; received March 27, 1997, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- and Implementation of Section 309(j) of the 801(a)(1)(A); to the Committee on Banking ting the Agency’s final rule—National Prior- Communications Act—Competitive Bidding and Financial Services. ities for Uncontrolled Hazardous Waste Sites [PP Docket No. 93–253] received April 7, 1997, 2512. A letter from the Chairman, National [FRL–5805–2] received April 3, 1997, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Credit Union Administration, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Commerce. the 1996 annual report of the National Credit Commerce. 2533. A letter from the Managing Director, Union Administration, pursuant to 12 U.S.C. 2524. A letter from the Director, Office of Federal Communications Commission, trans- 1752a(d); to the Committee on Banking and Regulatory Management and Information, mitting the Commission’s final rule— Financial Services. Environmental Protection Agency, transmit- Amendment of Part 1 of the Commission’s 2513. A letter from the Federal Register Li- ting the Agency’s final rule—Approval and Rule—Competitive Bidding Proceeding [WT aison Officer, Office of Thrift Supervision, Promulgation of Air Quality Implementa- Docket No. 97–82] received March 26, 1997, transmitting the Office’s final rule—Eco- tion Plans; Vermont; Reasonably Available pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- nomic Growth and Regulatory Paperwork Control Technology for Major Stationary mittee on Commerce. Reduction Regulatory Amendments (RIN: Sources of Nitrogen Oxides and Volatile Or- 2534. A letter from the Secretary, Federal 1550–AB05) received March 31, 1997, pursuant ganic Compounds Not Covered By Other Cat- Trade Commission, transmitting the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on egory-Specific Regulations [A–1–FRL–5801–9] mission’s final rule—Notice and Request for Banking and Financial Services. received April 3, 1997, pursuant to 5 U.S.C. Comment Regarding Compliance Assistance 2514. A letter from the Acting Assistant 801(a)(1)(A); to the Committee on Commerce. and Civil Penalty Leniency Policies for Secretary for Educational Research and Im- 2525. A letter from the Director, Office of Small Entities—received April 2, 1997, pursu- provement, Department of Education, trans- Regulatory Management and Information, ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting notice of Final Priority—Edu- Environmental Protection Agency, transmit- on Commerce. cational Research and Development Centers ting the Agency’s final rule—Microbial Prod- 2535. A letter from the Director, Regula- Program—received March 25, 1997, pursuant ucts of Biotechnology; Final Regulation tions Policy Management Staff, Office of to 20 U.S.C. 1232(f); to the Committee on Under the Toxic Substances Control Act Policy, Food and Drug Administration, Education and the Workforce. [OPPTS–00049C; FRL–5577–2] (RIN: 2070–AB61) transmitting the Administration’s final 2515. A letter from the Acting Secretary of received April 3, 1997, pursuant to 5 U.S.C. rule—Listing of Color Additives for Coloring Labor, transmitting the 1996 reports of the 801(a)(1)(A); to the Committee on Commerce. Contact Lenses; 1,4-Bis [(2-hydroxyethyl) Department of Labor’s Advisory Council for 2526. A letter from the Director, Office of amino] -9, 10-anthracenedione bis (2-prope- Employee Welfare and Pension Benefit Regulatory Management and Information, noic) ester copolymers; Confirmation of Ef- Plans; to the Committee on Education and Environmental Protection Agency, transmit- fective Date [Docket No. 91C–0189] received the Workforce. ting the Agency’s final rule—Control of Air March 24, 1997, pursuant to 5 U.S.C. 2516. A letter from the Assistant General Pollution; Amendment to Emission Require- 801(a)(1)(A); to the Committee on Commerce. Counsel for Regulations, Department of Edu- ments Applicable to New Gasoline Spark-Ig- 2536. A letter from the Director, Regula- cation, transmitting the Department’s re- nition Marine Engines [FRL–5805–7] received tions Policy Management Staff, Office of port on the Educational Research and Devel- March 3, 1997, pursuant to 5 U.S.C. Policy, Food and Drug Administration, opment Centers Program, pursuant to 5 801(a)(1)(A); to the Committee on Commerce. transmitting the Administration’s final U.S.C. 801(a)(1)(B); to the Committee on Edu- 2527. A letter from the Director, Office of rule—Consolidation of Drug Regulations cation and the Workforce. Regulatory Management and Information, [Docket No. 96N–0183] (RIN: 0910–AA53) re- 2517. A letter from the Chairperson, Na- Environmental Protection Agency, transmit- ceived March 25, 1997, pursuant to 5 U.S.C. tional Council on Disability, transmitting ting the Agency’s final rule—Approval of 801(a)(1)(A); to the Committee on Commerce. H1334 CONGRESSIONAL RECORD — HOUSE April 8, 1997 2537. A letter from the Director, Regula- final rule—Restart of a Nuclear Power Plant ment’s final rule—Overflight Payments to tions Policy Management Staff, Office of Shut Down by a Seismic Event [Regulatory North Korea (Office of Foreign Assets Con- Policy, Food and Drug Administration, Guide 1.167] received April 7, 1997, pursuant trol, Treasury) (CFR Part 500) received April transmitting the Administration’s final to 5 U.S.C. 801(a)(1)(A); to the Committee on 7, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to rule—Investigational Device Exemptions; Commerce. the Committee on International Relations. Disqualification of Clinical Investigators 2548. A letter from the Director, Office of 2560. A communication from the President [Docket No. 92N–0308] received March 25, Congressional Affairs, Nuclear Regulatory of the United States, transmitting a report 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commission, transmitting the Commission’s to the Congress detailing payments made to Committee on Commerce. final rule—Standard Review Plan; Basic Geo- Cuba by any United States person as a result 2538. A letter from the Director, Regula- logic and Seismic Information [Section 2.5.1 of the provision of telecommunications serv- tions Policy Management Staff, Office of of NUREG–0800] received April 7, 1997, pursu- ices, pursuant to Public Law 104–114, section Policy, Food and Drug Administration, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 102(g) (H. Doc. No. 105–62); to the Committee transmitting the Administration’s final on Commerce. on International Relations and ordered to be rule—Medical Devices; Medical Device Re- 2549. A letter from the Director, Office of printed. porting; Annual Certification [Docket No. Congressional Affairs, Nuclear Regulatory 2561. A letter from the Chairman Pro Tem- 91N–0295] (RIN: 0910–AA09) received March 25, Commission, transmitting the Commission’s pore, Council of the District of Columbia, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule—Standard Review Plan; Vibratory transmitting a copy of D.C. Act 11–524, ‘‘De- Committee on Commerce. Ground Motion [Section 2.5.2 of NUREG–0800] partment of Insurance and Securities Regu- 2539. A letter from the Director, Regula- received April 7, 1997, pursuant to 5 U.S.C. lation Establishment Act of 1996’’ received tions Policy Management Staff, Office of 801(a)(1)(A); to the Committee on Commerce. March 21, 1997, pursuant to D.C. Code, sec- Policy, Food and Drug Administration, 2550. A letter from the Director, Office of tion 1–233(c)(1); to the Committee on Govern- transmitting the Administration’s final Congressional Affairs, Nuclear Regulatory ment Reform and Oversight. rule—Electronic Records; Electronic Signa- Commission, transmitting the Commission’s 2563. A letter from the Acting Comptroller tures [Docket No. 92N–0251] (RIN: 0910–AA29) final rule—Standard Review Plan; Surface General of the United States, transmitting a received March 25, 1997, pursuant to 5 U.S.C. Faulting [Section 2.5.3 of NUREG–0800] re- list of all reports issued or released in Feb- 801(a)(1)(A); to the Committee on Commerce. ceived April 7, 1997, pursuant to 5 U.S.C. ruary 1997, pursuant to 31 U.S.C. 719(h); to 2540. A letter from the Director, Regula- 801(a)(1)(A); to the Committee on Commerce. the Committee on Government Reform and tions Policy Management Staff, Office of 2551. A letter from the Director, Office of Oversight. Policy, Food and Drug Administration, Congressional Affairs, Nuclear Regulatory 2564. A letter from the Executive Director, transmitting the Administration’s final Commission, transmitting the Commission’s Committee for Purchase from People who rule—Food and Drugs; Technical Amend- final rule—Reactor Siting Criteria (Regu- are Blind or Severely Disabled, transmitting ments [21 CFR Parts 101 and 102] received latory Analysis) [10 CFR Part 50 and 100] re- the Committee’s final rule—Additions to the April 7, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); ceived April 7, 1997, pursuant to 5 U.S.C. Procurement List—received March 27, 1997, to the Committee on Commerce. 801(a)(1)(A); to the Committee on Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2541. A letter from the Director, Office of 2552. A letter from the Deputy Secretary, mittee on Government Reform and Over- Congressional Affairs, Nuclear Regulatory Securities and Exchange Commission, trans- sight. Commission, transmitting the Commission’s mitting the Commission’s final rule—Status 2565. A letter from the Chief Executive Of- final rule—Tamper-Indicating Seals for the of Investment Advisory Programs under the ficer, Corporation for National Service, Protection and Control of Special Nuclear Investment Company Act of 1940 [Release transmitting a report of activities under the Material (Regulatory Guide 5.15) received No. IC–22579; IA–1623; S7–24–95] (RIN: 3235– Freedom of Information Act for the calendar April 1, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); AG07) received March 25, 1997, pursuant to 5 year 1996, pursuant to 5 U.S.C. 552; to the to the Committee on Commerce. U.S.C. 801(a)(1)(A); to the Committee on Committee on Government Reform and 2542. A letter from the Director, Office of Commerce. Oversight. Congressional Affairs, Nuclear Regulatory 2553. A letter from the Secretary, Securi- 2566. A letter from the Executive Director, Commission, transmitting the Commission’s ties and Exchange Commission, transmitting District of Columbia Financial Responsibil- final rule—NRC Generic Letter 97–01: Deg- the Commission’s final rule—Informal Guid- ity and Management Assistance Authority, radation of Control Rod Drive Mechanism ance Program for Small Entities (17 CFR transmitting the official resolution dis- Nozzle and Other Vessel Closure Head Pene- Part 202) received March 27, 1997, pursuant to approving the Mayor’s response and revised trations [GL 97–01] received April 7, 1997, pur- 5 U.S.C. 801(a)(1)(A); to the Committee on fiscal year 1998 financial plan and budget suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Commerce. submitted to the Authority on March 18, tee on Commerce. 2554. A letter from the Secretary, Securi- 1997, pursuant to section 202(d) of Public Law 2543. A letter from the Director, Office of ties and Exchange Commission, transmitting 104–8; to the Committee on Government Re- Congressional Affairs, Nuclear Regulatory the Commission’s final rule—Penalty-Reduc- form and Oversight. Commission, transmitting the Commission’s tion Policy for Small Entities (17 CFR Part 2567. A letter from the Chairman, Farm final rule—Monitoring the Effectiveness of 202) received March 27, 1997, pursuant to 5 Credit System Insurance Corporation, trans- Maintenance at Nuclear Power Plants (Regu- U.S.C. 801(a)(1)(A); to the Committee on mitting a report of activities under the Free- latory Guide 1.160, Revision 2) received Commerce. dom of Information Act for the calendar year March 24, 1997, pursuant to 5 U.S.C. 801(a) (1) 2555. A letter from the Director, Defense 1996, pursuant to 5 U.S.C 552(e); to the Com- (A); to the Committee on Commerce. Security Assistance Agency, transmitting mittee on Government Reform and Over- 2544. A letter from the Director, Office of notification concerning the Department of sight. Congressional Affairs, Nuclear Regulatory the Army’s proposed Letter(s) of Offer and 2568. A letter from the Chairman, Federal Commission, transmitting the Commission’s Acceptance [LOA] to Israel for defense arti- Election Commission, transmitting a report final rule—Nuclear Power Plant Instrumen- cles and services (Transmittal No. 97–12), of activities under the Freedom of Informa- tation for Earthquakes [Regulatory Guide pursuant to 22 U.S.C. 2776(b); to the Commit- tion Act for the calendar year 1996, pursuant 1.12] received April 7, 1997, pursuant to 5 tee on International Relations. to 5 U.S.C. 552(d); to the Committee on Gov- U.S.C. 801(a)(1)(A); to the Committee on 2556. A letter from the Director, Defense ernment Reform and Oversight. Commerce. Security Assistance Agency, transmitting a 2569. A letter from the General Counsel, 2545. A letter from the Director, Office of copy of Transmittal No. 03–97 for the Federal Retirement Thrift Investment Congressional Affairs, Nuclear Regulatory relocatable over-the-horizon radars [ROTHR] Board, transmitting the Board’s final rule— Commission, transmitting the Commission’s project arrangement [PA], pursuant to 22 Death Benefits (5 CFR Part 1651) received final rule—Identification and Characteriza- U.S.C. 2767(f); to the Committee on Inter- March 25, 1997, pursuant to 5 U.S.C. tion of Seismic Sources and Determination national Relations. 801(a)(1)(A); to the Committee on Govern- of Safe Shutdown Earthquake Ground Mo- 2557. A letter from the Director, Defense ment Reform and Oversight. tion [Regulatory Guide 1.165] received April Security Assistance Agency, transmitting 2570. A letter from the Acting Secretary, 7, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of the Navy’s proposed lease Federal Trade Commission, transmitting a the Committee on Commerce. of defense articles to Brazil (Transmittal No. report of activities under the Freedom of In- 2546. A letter from the Director, Office of 09–97), pursuant to 22 U.S.C. 2796(a); to the formation Act for the calendar year 1996, Congressional Affairs, Nuclear Regulatory Committee on International Relations. pursuant to 5 U.S.C. 552(d); to the Committee Commission, transmitting the Commission’s 2558. A letter from the Assistant Legal Ad- on Government Reform and Oversight. final rule—Pre-Earthquake Planning and Im- viser for Treaty Affairs, Department of 2571. A letter from the Acting Adminis- mediate Nuclear Power Plant Operator State, transmitting copies of international trator, General Services Administration, Postearthquake Actions [Regulatory Guide agreements, other than treaties, entered into transmitting a report of activities under the 1.166] received April 1, 1997, pursuant to 5 by the United States, pursuant to 1 U.S.C. Freedom of Information Act for the calendar U.S.C. 801(a)(1)(A); to the Committee on 112b(a); to the Committee on International year 1996, pursuant to 5 U.S.C. 552(d); to the Commerce. Relations. Committee on Government Reform and 2547. A letter from the Director, Office of 2559. A letter from the Chief Counsel, Of- Oversight. Congressional Affairs, Nuclear Regulatory fice of Foreign Assets Control, Department 2572. A letter from the Executive Director Commission, transmitting the Commission’s of the Treasury, transmitting the Depart- Neighborhood Reinvestment Corporation, April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1335 transmitting a copy of the annual report in 2583. A letter from the Acting Director, Of- March 26, 1997, pursuant to 5 U.S.C. compliance with the Government in the Sun- fice of Sustainable Fisheries, National Oce- 801(a)(1)(A); to the Committee on Resources. shine Act during the calendar year 1996, pur- anic and Atmospheric Administration, trans- 2592. A letter from the Acting Assistant suant to 5 U.S.C. 552b(j); to the Committee mitting the Administration’s final rule— Administrator for Fisheries, National Oce- on Government Reform and Oversight. Fisheries of the Exclusive Economic Zone anic and Atmospheric Administration, trans- 2573. A letter from the Director, Office of Off Alaska; Deep-Water Species Fishery by mitting the Administration’s final rule— Personnel Management, transmitting the Of- Vessels Using Trawl Gear in the Gulf of Alas- Fisheries of the Northeastern United States; fice’s final rule—Cost-of-Living Allowances ka [Docket No. 961126334–7025–02; I.D. 031497D] Technical Amendment [Docket No. 960612172– (Nonforeign Areas) [5 CFR Part 591] (RIN: received March 21, 1997, pursuant to 5 U.S.C. 7054–02; I.D. 011697A] (RIN: 0648–AI21) re- 3206–AH07) received March 25, 1997, pursuant 801(a)(1)(A); to the Committee on Resources. ceived March 26, 1997, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on 2584. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Resources. Government Reform and Oversight. fice of Sustainable Fisheries, National Oce- 2593. A letter from the Acting Assisting 2574. A letter from the Director, Peace anic and Atmospheric Administration, trans- Administrator for Fisheries, National Oce- Corps, transmitting the fiscal year 1996 an- mitting the Administration’s final rule— anic and Atmospheric Administration, trans- nual report under the Federal Managers’ Fi- Fisheries of the Exclusive Economic Zone mitting the Administration’s final rule— nancial Integrity Act [FMFIA] of 1982, pursu- Off Alaska; Pacific Cod in the Central Regu- Fisheries of the Caribbean, Gulf of Mexico, ant to 31 U.S.C. 3512(c)(3); to the Committee latory Area of the Gulf of Alaska [Docket and South Atlantic; Reef Fish Fishery of the on Government Reform and Oversight. No. 961126334–7012–02; I.D. 031097A] received Gulf of Mexico; Amendment 14 [Docket No. 2575. A letter from the Railroad Retire- March 24, 1997, pursuant to 5 U.S.C. 961108316–7051–02; I.D. 101796C] (RIN: 0648– ment Board, transmitting a copy of the an- 801(a)(1)(A); to the Committee on Resources. AI47) received March 27, 1997, pursuant to 5 nual report in compliance with the Govern- 2585. A letter from the Director, Office of U.S.C. 801(a)(1)(A); to the Committee on Re- ment in the Sunshine Act during the cal- Sustainable Fisheries, National Oceanic and sources. endar year 1996, pursuant to 5 U.S.C. 552b(j); Atmospheric Administration, transmitting 2594. A letter from the Acting Deputy As- to the Committee on Government Reform the Administration’s final rule—Fisheries of sistant Administrator, National Oceanic and and Oversight. the Exclusive Economic Zone Off Alaska; Pa- Atmospheric Administration, transmitting 2576. A letter from the Acting Commis- cific Cod in the Western Regulatory Area of the Administration’s final rule—Hawaiian Is- sioner, Social Security Administration, the Gulf of Alaska [Docket No. 961126334– lands Humpback Whale National Marine transmitting a report of activities under the 7025–02; I.D. 031097B] received March 24, 1997, Sanctuary [Docket No. 950427120–7006–02] Freedom of Information Act for the calendar pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (RIN: 0648–AH99) received March 27, 1997, pur- year 1996, pursuant to 5 U.S.C. 552(e); to the mittee on Resources. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Committee on Government Reform and 2586. A letter from the Assistant Adminis- tee on Resources. Oversight. trator for Fisheries, National Oceanic and 2595. A letter from the Assistant Adminis- 2577. A letter from the Executive Director, trator for Fisheries, National Oceanic and Atmospheric Administration, transmitting United States Artic Research Commission, Atmospheric Administration, transmitting the Administration’s final rule—Fisheries of transmitting the Commission’s consolidated the Administration’s final rule—Fisheries of the Exclusive Economic Zone Off Alaska; semiannual report under the Inspector Gen- the Northeastern United States; Northeast Groundfish of the Bering Sea and Aleutian eral Act, and the annual report under the Multispecies Fishery; Framework Adjust- Islands Area; Prohibited Species Catch Lim- Federal Managers’ Financial Integrity Act, ment 23 [Docket No. 970324064–7064–01; I.D. its for Tanner Crab [Docket No. 961217360– pursuant to 31 U.S.C. 3512(c)(3); to the Com- 021997B] (RIN: 0648–AJ32) received April 7, 7052–02; I.D. 112596C] received March 24, 1997, mittee on Government Reform and Over- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sight. Committee on Resources. 2578. A letter from the Under Secretary for mittee on Resources. 2596. A letter from the Assistant Adminis- 2587. A letter from the Assistant Adminis- Oceans and Atmosphere, Department of trator for Fisheries, National Oceanic and Commerce, transmitting the annual report trator for Fisheries, National Oceanic and Atmospheric Administration, transmitting of the coastal zone management fund for the Atmospheric Administration, transmitting the Administration’s final rule—Fisheries of National Oceanic and Atmospheric Adminis- the Administration’s final rule—Fisheries of the Northeastern United States; Northeast tration for fiscal year 1996, pursuant to Pub- the Northeastern United States; Consolida- Multispecies Fishery; Framework Adjust- lic Law 101–508, section 6209 (104 Stat. 1388– tion of the Fishery Management Plan for the ment 20 [Docket No. 970318056–7056–01; I.D. 309); to the Committee on Resources. Atlantic Bluefish Fishery [Docket No. 021397B] (RIN: 0648–AJ43) received April 7, 2579. A letter from the Acting Director, 970303042–7042–01; I.D. 021097C] (RIN: 0648– 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Fish and Wildlife Service, transmitting the AJ78) received March 24, 1997, pursuant to 5 Committee on Resources. Services final rule—Endangered and Threat- U.S.C. 801(a)(1)(A); to the Committee on Re- 2597. A letter from the Director, Office of ened Wildlife and Plants; Determination of sources. Sustainable Fisheries, National Oceanic and Endangered Status for Three Plants and 2588. A letter from the Acting Director, Of- Atmospheric Administration, transmitting Threatened Status for Five Plants from Ver- fice of Sustainable Fisheries, National Oce- the Administration’s final rule—Fisheries of nal Pools in the Central Valley of California anic and Atmospheric Administration, trans- the Exclusive Economic Zone Off Alaska, [50 CFR Part 17] (RIN: 1018–AC00) received mitting the Administration’s final rule— Pollock in the Eastern Regulatory Area of March 25, 1997, pursuant to 5 U.S.C. Fisheries of the Exclusive Economic Zone the Gulf of Alaska [Docket No. 961126334– 801(a)(1)(A); to the Committee on Resources. Off Alaska; Season Opening [I.D. 031497A] re- 7025–02; I.D. 032897B] received April 7, 1997, 2580. A letter from the National Marine ceived March 25, 1997, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Fisheries Services, transmitting the Serv- 801(a)(1)(A); to the Committee on Resources. mittee on Resources. ice’s final rule—Fisheries of the Exclusive 2589. A letter from the Acting Director, Of- 2598. A letter from the National Oceanic Economic Zone Off Alaska; Yellowfin Sole fice of Sustainable Fisheries, National Oce- and Atmospheric Administration, transmit- by Vessels Using Trawl Gear in Bering Sea anic and Atmospheric Administration, trans- ting the Administration’s final rule—Fish- and Aleutian Islands [Docket No. 961107312– mitting the Administration’s final rule— eries of the Exclusive Economic Zone Off 7021–02; I.D. 032097A] (50 CFR Part 679) re- Fisheries of the Caribbean, Gulf of Mexico, Alaska; Pacific Ocean Perch in the Central ceived March 26, 1997, pursuant to 5 U.S.C. and South Atlantic; Reef Fish Fishery of the Aleutian District of the Bering Sea and 801(a)(1)(A); to the Committee on Resources. Gulf of Mexico; Closure of the Commercial Aleutian Islands [Docket No. 961107312–7021– 2581. A letter from the Director, Office of Red Snapper Component [Docket No. 02; I.D. 032497A] (50 CFR Part 679) received Sustainable Fisheries, National Oceanic and 960807218–6244–02; I.D. 032097F] received March March 27, 1997, pursuant to 5 U.S.C. Atmospheric Administration, transmitting 26, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Resources. the Administration’s final rule—Fisheries of the Committee on Resources. 2599. A letter from the National Oceanic the Exclusive Economic Zone Off Alaska; 2590. A letter from the Assistant Adminis- and Atmospheric Administration, transmit- Offshore Component Pollock in the Aleutian trator for Fisheries, National Oceanic and ting the Administration’s final rule—Fish- Islands Subarea [Docket No. 961107312–7021– Atmospheric Administration, transmitting eries of the Exclusive Economic Zone Off 02; I.D. 022697A] received March 21, 1997, pur- the Administration’s final rule—Pacific Hal- Alaska; Scallop Fishery; District 16 of Reg- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- ibut Fisheries; Catch Sharing Plans [Docket istration Area D [Docket No. 960502124–6190– tee on Resources. No. 961217359–7050–02; I.D. 121196B] (RIN: 0648– 02; I.D. 022097B] (50 CFR Part 679) received 2582. A letter from the Acting Director, Of- AJ11) received March 26, 1997, pursuant to 5 March 26, 1997, pursuant to 5 U.S.C. fice of Sustainable Fisheries, National Oce- U.S.C. 801(a)(1)(A); to the Committee on Re- 801(a)(1)(A); to the Committee on Resources. anic and Atmospheric Administration, trans- sources. 2600. A letter from the Acting Director, Of- mitting the Administration’s final rule— 2591. A letter from the Acting Director, Of- fice of Surface Mining, transmitting the Of- Fisheries of the Exclusive Economic Zone fice of Sustainable Fisheries, National Oce- fice’s final rule—Iowa Regulatory Program Off Alaska; Atka Mackerel in the Central anic and Atmospheric Administration, trans- [SPATS No. IA–009–FOR] received April 3, Aleutian District of the Bering Sea and mitting the Administration’s final rule— 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Aleutian Islands [Docket No. 961107312–7021– Fisheries of the Exclusive Economic Zone Committee on Resources. 02; I.D. 031497C] received March 21, 1997, pur- Off Alaska; Offshore Component Pollock in 2601. A letter from the Acting Director, Of- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- the Aleutian Islands Subarea [Docket No. fice of Surface Mining Reclamation and En- tee on Resources. 961107312–7021–02; I.D. 031997A] received forcement, transmitting the Office’s final H1336 CONGRESSIONAL RECORD — HOUSE April 8, 1997 rule—Hopi Tribe Abandoned Mine Land Rec- 2612. A letter from the General Counsel, the Department’s final rule—Revision of lamation Plan [HO–004–FOR] received March Department of Transportation, transmitting Class E Airspace; Selawik, AK (Federal Avia- 26, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule—Aircraft Flight tion Administration) [Airspace Docket No. the Committee on Resources. Simulator Use in Pilot Training, Testing, 96–AAL–28] (RIN: 2120–AA66) received March 2602. A letter from the Acting Director, Of- and Checking at Training Centers: Editorial 31, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to fice of Surface Mining Reclamation and En- and Other Changes (Federal Aviation Admin- the Committee on Transportation and Infra- forcement, transmitting the Office’s final istration) [Docket No. 26933; Amdt. Nos. 61– structure. rule—Alaska Regulatory Program [AK–005– 101, 121–263, 135–67, 142–1] (RIN: 2120–AA83) re- 2622. A letter from the General Counsel, FOR, Amendment No. V] received March 26, ceived March 24, 1997, pursuant to 5 U.S.C. Department of Transportation, transmitting 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Revision of Committee on Resources. tation and Infrastructure. Class E Airspace; Nuiqsut, AK (Federal Avia- 2603. A letter from the Secretary of Com- 2613. A letter from the General Counsel, tion Administration) [Airspace Docket No. merce, transmitting the biennial report re- Department of Transportation, transmitting 96–AAL–27] (RIN: 2120–AA66) received March garding the activities of the National Oce- the Department’s final rule—Drawbridge Op- 31, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to anic and Atmospheric Administration’s erating Regulation; Bonafouca Bayou, LA the Committee on Transportation and Infra- [NOAA] National Marine Fisheries Service’s (U.S. Coast Guard) [CGD8–95–026] (RIN: 2115– structure. Chesapeake Bay Office to protect and restore AE47) received March 24, 1997, pursuant to 5 2623. A letter from the General Counsel, the living resources of the Chesapeake Bay, U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting pursuant to section 307(b)(7) of the NOAA Transportation and Infrastructure. the Department’s final rule—Establishment Authorization Act of 1992; to the Committee 2614. A letter from the General Counsel, of Class E Airspace; Kake, AK (Federal Avia- on Resources. Department of Transportation, transmitting tion Administration) [Airspace Docket No. 2604. A letter from the General Counsel, the Department’s final rule—Safety Zone 96–AAL–26] (RIN: 2120–AA66) received March Department of Transportation, transmitting Regulations; Government Cut, Miami, FL 31, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule—Civil Monetary (U.S. Coast Guard) [COTP Miami–97–009] the Committee on Transportation and Infra- Penalties Inflation Adjustments (U.S. Coast (RIN: 2115–AA97) received March 24, 1997, pur- structure. Guard) [CGD 96–052] (RIN: 2105–AC63) re- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 2624. A letter from the General Counsel, ceived March 27, 1997, pursuant to 5 U.S.C. tee on Transportation and Infrastructure. Department of Transportation, transmitting 801(a)(1)(A); to the Committee on the Judici- 2615. A letter from the General Counsel, the Department’s final rule—Pilot, Flight ary. Department of Transportation, transmitting Instructor, Ground Instructor, and Pilot 2605. A letter from the Director, Federal the Department’s final rule—Regulated School Certification Rules (Federal Aviation Bureau of Investigation, transmitting the Navigation Area Regulations; Lower Mis- Administration) [Docket No. 25910; Amend- Bureau’s final rule—Implementation of Sec- sissippi River (U.S. Coast Guard) [CGD08–97– ment Nos. 1–47, 61–102, 141–8, 143–6] (RIN: tion 109 of the Communications Assistance 008] (RIN: 2115–AE84) received March 24, 1997, 2120–AE71) received March 31, 1997, pursuant for Law Enforcement Act (RIN: 1105–AA39) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on received April 7, 1997, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on the Judici- Transportation and Infrastructure. ture. 2625. A letter from the General Counsel, ary. 2616. A letter from the General Counsel, 2606. A letter from the Director, Federal Department of Transportation, transmitting Bureau of Prisons, transmitting the Bureau’s Department of Transportation, transmitting the Department’s final rule—Revision of final rule—Literacy Program [BOP–1036–I] the Department’s final rule—Temporary Class E Airspace; Clinton, OK (Federal Avia- (RIN: 1120–AA33) received march 27, 1997, pur- Speed Limits for the St. Mary’s River (U.S. tion Administration) [Airspace Docket No. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Coast Guard) [CGD09–97–005] (RIN: 2115–AE84) 96–ASW–12] received March 27, 1997, pursuant tee on the Judiciary. received March 24, 1997, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on 2607. A letter from the Chairman, Federal 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. Trade Commission, transmitting the Com- tation and Infrastructure. 2626. A letter from the General Counsel, mission’s 18th annual report to Congress pur- 2617. A letter from the General Counsel, Department of Transportation, transmitting suant to section 201 of the Hart-Scott-Rodino Department of Transportation, transmitting the Department’s final rule—Establishment Antitrust Improvements Act of 1976, pursu- the Department’s final rule—Performance- of Class E Airspace; Panhandle, TX (Federal ant to 15 U.S.C. 18a(j); to the Committee on Oriented Packaging Standards; Final Transi- Aviation Administration) [Airspace Docket the Judiciary. tional Provisions; Revisions and Response to No. 96–ASW–06] received March 27, 1997, pur- 2608. A letter from the Director, Office of Petitions for Reconsideration (Research and suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Government Ethics, transmitting the Of- Special Programs Administration) [Docket tee on Transportation and Infrastructure. fice’s final rule—Post-Employment Conflict No. HM–181H; Amdt. Nos. 172–150, 173–255, 178– 2627. A letter from the General Counsel, of Interest Restrictions; Exemption of Posi- 117] (RIN: 2137–AC80) received March 24, 1997, Department of Transportation, transmitting tions and Revision of Departmental compo- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s finel rule—Establishment nent Designations (RIN: 3209–AA07) received mittee on Transportation and Infrastruc- of Class D Airspace; McKinney, TX (Federal March 24, 1997, pursuant to 5 U.S.C. ture. Aviation Administration) [Airspace Docket 801(a)(1)(A); to the Committee on the Judici- 2618. A letter from the General Counsel, No. 96–ASW–15] received March 27, 1997, pur- ary. Department of Transportation, transmitting suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 2609. A letter from the General Counsel, the Department’s final rule—Airworthiness tee on Transportation and Infrastructure. Department of Transportation, transmitting Directives; General Electric Aircraft Engines 2628. A letter from the General Counsel, the Department’s final rule—Airworthiness CT7 Series Turboprop Engines (Federal Avia- Department of Transportation, transmitting Directives; Robinson Helicopter Company tion Administration) [Docket No. 96–ANE–34; the Agency’s final rule—Adding Controlling Model R44 Helicopters (Federal Aviation Ad- Amdt. 39–9956; AD 97–05–12] (RIN: 2120–AA64) Agency to Restricted Areas: R–2530 Sierra ministration) [Docket No. 96–SW–15–AD; received March 31, 1997, pursuant to 5 U.S.C. Army Depot, CA; R–4802 Lone Rock, NV; and Amdt. 39–9900; AD 97–02–15] (RIN: 2120–AA64) 801(a)(1)(A); to the Committee on Transpor- R–4811 Hawthorne, NV (Federal Aviation Ad- received March 24, 1997, pursuant to 5 U.S.C. tation and Infrastructure. ministration) [Airspace Docket No. 97–AWP– 801(a)(1)(A); to the Committee on Transpor- 2619. A letter from the General Counsel, 4] (RIN: 2120–AA66) received March 27, 1997, tation and Infrastructure. Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2610. A letter from the General Counsel, the Department’s final rule—Airworthiness mittee on Transportation and Infrastruc- Department of Transportation, transmitting Directives; Airbus Model A330 and A340 Se- ture. the Department’s final rule—Airworthiness ries Airplanes (Federal Aviation Administra- 2629. A letter from the General Counsel, Directives; Raytheon Aircraft Company (for- tion) [Docket No. 97–NM–22–AD; Amdt. 39– Department of Transportation, transmitting merly Beech Aircraft Corporation) Model 9974; AD 97–07–01] (RIN: 2120–AA64) received the Department’s final rule—Revision of 1900D Airplanes (Federal Aviation Adminis- March 31, 1997, pursuant to 5 U.S.C. Class E Airspace; Pauls Valley, OK (Federal tration) [Docket No. 96–CE–43–AD; Amdt. 39– 801(a)(1)(A); to the Committee on Transpor- Aviation Administration) [Airspace Docket 9907; AD 97–03–01] (RIN: 2120–AA64) received tation and Infrastructure. No. 96–ASW–09] received March 27, 1997, pur- March 24, 1997, pursuant to 5 U.S.C. 2620. A letter from the General Counsel, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting tee on Transportation and Infrastructure. tation and Infrastructure. the Department’s final rule—Airworthiness 2630. A letter from the General Counsel, 2611. A letter from the General Counsel, Directives; Airbus Model A300 Series Air- Department of Transportation, transmitting Department of Transportation, transmitting planes (Federal Aviation Administration) the Department’s final rule—Revision of the Department’s final rule—Amendment of [Docket No. 96–NM–107–AD; Amdt. 39–9975; Class E Airspace; Russellville, AR (Federal Class E Airspace; Battle Mountain, NV (Fed- AD 97–07–02] (RIN: 2120–AA64) received March Aviation Administration) [Airspace Docket eral Aviation Administration) [Airspace 31, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to No. 96–ASW–13] received March 27, 1997, pur- Docket No. 96–AWP–32] (RIN: 2120–AA66) re- the Committee on Transportation and Infra- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- ceived March 24, 1997, pursuant to 5 U.S.C. structure. tee on Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 2621. A letter from the General Counsel, 2631. A letter from the General Counsel, tation and Infrastructure. Department of Transportation, transmitting Department of Transportation, transmitting April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1337 the Department’s final rule—Airworthiness to 5 U.S.C. 801(a)(1)(A); to the Committee on ings Rate for Mutual Life Insurance Compa- Directives; General Electric Company CF34 Transportation and Infrastructure. nies [Notice 97–17] received March 24, 1997, Series Turbofan Engines (Federal Aviation 2641. A letter from the General Counsel, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Administration) [Docket No. 95–ANE–41; Department of Transportation, transmitting mittee on Ways and Means. Amdt. 39–9972; AD 97–06–15] (RIN: 2120–AA64) the Department’s final rule—Light Truck 2652. A letter from the Chief, Regulations received March 27, 1997, pursuant to Public Average Fuel Economy Standard, Model Unit, Internal Revenue Service, transmitting Law 103–337, section 342(b) (108 Stat. 2721); to Year 1999 (Federal Highway Traffic Safety the Service’s final rule—Substantiation of the Committee on Transportation and Infra- Administration) [Docket No. 97–15; Notice 1] Business Expenses for Travel, Entertain- structure. (RIN: 2127–AG64) received April 3, 1997, pursu- ment, Gifts, and Listed Property [TD 8715] 2632. A letter from the General Counsel, ant to 5 U.S.C. 801(a)(1)(A); to the Committee (RIN: 1545–AT98) received March 25, 1997, pur- Department of Transportation, transmitting on Transportation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- the Department’s final rule—Airworthiness 2642. A letter from the General Counsel, tee on Ways and Means. Directives; General Electric Company CF34 Department of Transportation, transmitting 2653. A letter from the Chief, Regulations Series Turbofan Engines (Federal Aviation the Department’s final rule—Minimum Lev- Unit, Internal Revenue Service, transmitting Administration) [Docket No. 95–ANE–19; els of Financial Responsibility for Motor the Service’s final rule—Certain Trust Ar- Amdt. 39–9971; AD 97–06–14] (RIN: 2120–AA64) Carriers; Hours of Service of Drivers; Tech- rangements [Notice 97–24] received April 7, received March 27, 1997, pursuant to 5 U.S.C. nical Amendments (Federal Highway Admin- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- istration) (RIN: 2125–AE07) received April 3, Committee on Ways and Means. tation and Infrastructure. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2654. A letter from the Commissioner (Ex- 2633. A letter from the General Counsel, Committee on Transportation and Infra- amination), Internal Revenue Service, trans- Department of Transportation, transmitting structure. mitting the Service’s final rule—Petroleum the Department’s final rule—Standard In- 2643. A letter from the Chairman, Surface and Retail Industries Coordinated Issue: strument Approach Procedures; Miscellane- Transportation Board, transmitting the Convenience Stores—received April 2, 1997, ous Amendments (Federal Aviation Adminis- Board’s final rule—Railroad Consolidation pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tration) [Docket No. 28839; Amdt. No. 1788] Procedures—Modification of Fee Policy (STB mittee on Ways and Means. (RIN: 2120–AA65) received March 27, 1997, pur- Ex Parte No. 556) received April 2, 1997, pur- 2655. A letter from the Acting Secretary, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Department of State, transmitting a report tee on Transportation and Infrastructure. tee on Transportation and Infrastructure. assessing the voting practices of the govern- 2634. A letter from the General Counsel, 2644. A letter from the Senior Vice Presi- ments of U.N. member states in the General Department of Transportation, transmitting dent, Communications, Tennessee Valley Assembly and Security Council for 1996, and the Department’s final rule—Standard In- Authority, transmitting a copy of the evaluating the actions and responsiveness of strument Approach Procedures; Miscellane- Authority’s statistical summaries as part of those governments to U.S. policy on issues of ous Amendments (Federal Aviation Adminis- their annual report for the fiscal year begin- special importance to the United States, pur- tration) [Docket No. 28838; Amdt. No. 1787] ning October 1, 1995, and ending September suant to Public Law 101–167, section 527(a) (RIN: 2120–AA65) received March 27, 1997, pur- 30, 1996, pursuant to 16 U.S.C. 831h(a); to the (103 Stat. 1222); Public Law 101–246, section suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Committee on Transportation and Infra- 406(a) (104 Stat. 66); jointly, to the Commit- tee on Transportation and Infrastructure. structure. tees on International Relations and Appro- 2635. A letter from the General Counsel, 2645. A letter from the Director, Office of priations. Department of Transportation, transmitting Regulations Management, Department of f the Department’s final rule—Revision of Veterans Affairs, transmitting the Depart- Class E Airspace; Corsicana, TX (Federal ment’s final rule—Upgraded Discharges REPORTS OF COMMITTEES ON Aviation Administration) [Airspace Docket (RIN: 2900–AI40) received March 26, 1997, pur- PUBLIC BILLS AND RESOLUTIONS No. 96–ASW–18] received March 27, 1997, pur- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- tee on Veterans’ Affairs. Under clause 2 of rule XIII, reports of tee on Transportation and Infrastructure. 2646. A letter from the Director, Office of committees were delivered to the Clerk 2636. A letter from the General Counsel, Regulations Management, Department of for printing and reference to the proper Department of Transportation, transmitting Veterans Affairs, transmitting the Depart- calendar, as follows: the Department’s final rule—Safety Zone ment’s final rule—Veterans Education: In- Regulations: Pelican Passage Dauphin Is- crease in Rates Payable Under the Montgom- [The following action occurred on March 31, land, AL (U.S. Coast Guard) [COTP Mobile, ery GI Bill—Active Duty (RIN: 2900–AI55) re- 1997] AL 97–005] (RIN: 2115–AA97) received March ceived March 26, 1997, pursuant to 5 U.S.C. Mr. BURTON: Committee on House Over- 27, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Veterans’ sight. Oversight plans for all House commit- the Committee on Transportation and Infra- Affairs. tees (Rept. 105–44). Referred to the Commit- structure. 2647. A letter from the Chief, U.S. Customs tee of the Whole House on the State of the 2637. A letter from the General Counsel, Service Regulations Branch, Department of Union. Department of Transportation, transmitting the Treasury, transmitting the Department’s [Submitted April 8, 1997] the Department’s final rule—Tank Level or final rule—Duty-Free Stores (U.S. Customs Mr. SMITH of Oregon: Committee on Agri- Pressure Monitoring Devices (U.S. Coast Service) [T.D. 97–19] (RIN: 1515–AB86) re- culture. H.R. 1000. A bill to require States to Guard) [CGD–071] (RIN: 2115–AD69) received ceived April 7, 1997, pursuant to 5 U.S.C. establish a system to prevent prisoners from March 27, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and being considered part of any household for 801(a)(1)(A); to the Committee on Transpor- Means. purposes of determining eligibility of the tation and Infrastructure. 2648. A letter from the Assistant Commis- household for food stamp benefits and the 2638. A letter from the General Counsel, sioner (Examination), Internal Revenue amount of food stamp benefits to be provided Department of Transportation, transmitting Service, transmitting the Service’s final to the household under the Food Stamp Act the Department’s final rule—Amendment to rule—Maquiladora Industry Coordinated of 1977 (Rept. 105–43). Referred to the Com- Regulated Navigation Area Regulations; Issue [I.R.C. 168(g)(1)(A) received March 21, mittee of the Whole House on the State of Lower Mississippi River (U.S. Coast Guard) 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Union. [CGD08–97–008] (RIN: 2115–AE84) received Committee on Ways and Means. March 27, 1997, pursuant to 5 U.S.C. 2649. A letter from the Chief, Regulations Mr. DREIER: Committee on Rules. House 801(a)(1)(A); to the Committee on Transpor- Unit, Internal Revenue Service, transmitting Resolution 107. Resolution providing for con- tation and Infrastructure. the Service’s final rule—Determination of sideration of motion to suspend the rules 2639. A letter from the General Counsel, Issue Price in the Case of Certain Debt In- (Rept. 105–45). Referred to the House Cal- Department of Transportation, transmitting struments Issued for Property [Rev. Rul. 97– endar. the Department’s final rule—Technical 17] received March 21, 1997, pursuant to 5 Mr. BLILEY: Committee on Commerce. Amendments to Former Interstate Com- U.S.C. 801(a)(1)(A); to the Committee on H.R. 1003. A bill to clarify Federal law with merce Commission Regulations in Accord- Ways and Means. respect to restricting the use of Federal ance with the ICC Termination Act of 1995 2650. A letter from the Assistant Commis- funds in support of assisted suicide; with (Federal Highway Administration) (RIN: sioner (Examination), Internal Revenue amendments (Rept. 105–46 Pt. 1). Referred to 2125–AE12) received March 31, 1997, pursuant Service, transmitting the Service’s final the Committee of the Whole House on the to 5 U.S.C. 801(a)(1)(A); to the Committee on rule—Coordinated Issue Construction/Real State of the Union. Transportation and Infrastructure. Estate Industry Percentage of Completion DISCHARGE OF COMMITTEE 2640. A letter from the General Counsel, Method Timing of Cost Recognition—re- [The following action occurred on April 4, 1997] Department of Transportation, transmitting ceived March 21, 1997, pursuant to 5 U.S.C. Pursuant to clause 5 of rule X the the Department’s final rule—Design Stand- 801(a)(1)(A); to the Committee on Ways and ards for Highways; Geometric Design of Means. Committees on House Oversight, the Highways and Streets (Federal Highway Ad- 2651. A letter from the Chief, Regulations Judiciary, and Transportation and In- ministration) [FHWA Docket No. 95–12] (RIN: Unit, Internal Revenue Service, transmitting frastructure discharged from further 2125–AD38] received March 31, 1997, pursuant the Service’s final rule—Differential Earn- consideration. H.R. 3121 referred to the H1338 CONGRESSIONAL RECORD — HOUSE April 8, 1997 Committee of the Whole House on the FERSON, Mr. KENNEDY of Massachu- State; to the Committee on Education and State of the Union. setts, Mr. LEWIS of Georgia, Mr. LI- the Workforce. PINSKI, Mr. MCDERMOTT, Mrs. By Mr. DICKEY: [Submitted April 8, 1997] MALONEY of New York, Mr. MANTON, H.R. 1235. A bill to establish a Corporate Pursuant to clause 5 of rule X the Commit- Mr. MARKEY, Mr. NADLER, Ms. NOR- Welfare Reduction Commission, and for tees on Ways and Means, the Judiciary, Edu- TON, Mr. PORTER, Mr. RANGEL, Mr. other purposes; to the Committee on Govern- cation and the Workforce, Government Re- ROMERO-BARCELO, Mr. SCHUMER, Mr. ment Reform and Oversight, and in addition form and Oversight, Resources, and Inter- STARK, Mr. UNDERWOOD, Mr. YATES, to the Committee on Rules, for a period to be national Relations discharged from further Ms. LOFGREN, Mr. BLUMENAUER, and subsequently determined by the Speaker, in consideration. H.R. 1003 referred to the Com- Mr. ROTHMAN): each case for consideration of such provi- mittee of the Whole House on the State of H.R. 1228. A bill to amend title 18, United sions as fall within the jurisdiction of the the Union. States Code, to permanently prohibit the committee concerned. f possession of firearms by persons who have By Mr. DREIER: been convicted of a felony, and for other pur- H.R. 1236. A bill to provide for an annual TIME LIMITATION OF REFERRED poses; to the Committee on the Judiciary. report to Congress concerning diplomatic BILL By Mr. ACKERMAN: immunity; to the Committee on Inter- H.R. 1229. A bill to amend the Public national Relations. Pursuant to clause 5 of rule X the fol- Health Service Act to ensure that affordable, By Mr. FRANK of Massachusetts: lowing action was taken by the speak- comprehensive, high quality health care cov- H.R. 1237. A bill to provide retrospective er: erage is available through the establishment application of an amendment made by the of State-based programs for children and for Violent Crime Control and Law enforcement H.R. 1003. Referral to the Committees on Act of 1994 pertaining to the applicability of Ways and Means, the Judiciary, Education all uninsured pregnant women, and to facili- tate access to health services, strengthen mandatory minimum penalties in certain and the Workforce, Government Reform and public health functions, enhance health-re- cases; to the Committee on the Judiciary. Oversight, Resources, and International Re- lated research, and support other activities H.R. 1238. A bill to amend the Immigration lations extended for a period ending not later that improve the health of mothers and chil- and Nationality Act to reduce the period than April 8, 1997. dren, and for other purposes; to the Commit- during which a court has exclusive authority f tee on Commerce, and in addition to the to administer the oath of allegiance to an Committees on Ways and Means, the Judici- applicant for naturalization from 45 days to PUBLIC BILLS AND RESOLUTIONS ary, and Education and the Workforce, for a 5 days; to the Committee on the Judiciary. period to be subsequently determined by the H.R. 1239. A bill to amend the Immigration Under clause 5 of rule X and clause 4 and Nationality Act to permit the Attorney of rule XXII, public bills and resolu- Speaker, in each case for consideration of such provisions as fall within the jurisdic- General to waive the requirement that an tions were introduced and severally re- tion of the committee concerned. applicant for naturalization take an oath of renunciation and allegiance in cases where ferred as follows: By Mr. DELAY: the applicant is unable to understand its By Mr. HYDE (for himself, Mr. CON- H.R. 1230. A bill to give all American elec- meaning because of a disability or mental YERS, Mr. MCCOLLUM, Mr. SCHUMER, tricity consumers the right to choose among impairment; to the Committee on the Judi- Mr. CANADY of Florida, Mr. WEXLER, competitive providers of electricity in order ciary. Mr. MICA, and Mr. MCNULTY): to secure lower electricity rates, higher By Mr. GEKAS (for himself and Mr. H.R. 1225. A bill to make a technical cor- quality services, and a more robust U.S. economy, and for other purposes; to the GILMAN): rection to title 28, United States Code, relat- H.R. 1240. A bill to amend certain provi- Committee on Commerce. ing to jurisdiction for lawsuits against ter- sions of title 5, United States Code, relating By Mr. BLUMENAUER (for himself, rorist states; to the Committee on the Judi- to pay for administrative law judges; to the ciary. Mr. FROST, and Mr. FOGLIETTA): H.R. 1231. A bill to amend title 39, United Committee on Government Reform and By Mr. ARCHER (for himself, Ms. DUNN Oversight. of Washington, Mr. RANGEL, Mrs. States Code, to establish guidelines for ren- ovation, relocation, closing, or consolidation By Mr. KLECZKA (for himself, Mr. JOHNSON of Connecticut, Mr. COYNE, of post offices, and for other purposes; to the HERGER, Mr. GONZALEZ, Mr. FAZIO of Mr. THOMAS, Mr. HERGER, Mr. CAMP, Committee on Government Reform and California, Ms. JACKSON-LEE, Mr. Mr. ENSIGN, Mr. HAYWORTH, Mr. Oversight. FROST, Mr. RAHALL, Mr. FILNER, Ms. WELLER, Mrs. KENNELLY of Connecti- PELOSI, Mr. BARRETT of Wisconsin, By Mr. BONO (for himself, Mr. TRAFI- cut, Mr. LEVIN, Mr. KLECZKA, Mr. Mr. SENSENBRENNER, Ms. FURSE, Mr. CANT, Mrs. THURMAN, Mr. CALVERT, LEWIS of Georgia, Mr. NEAL of Massa- DEFAZIO, Mr. HAYWORTH, Mr. MATSUI, Mr. WELDON of Florida, Mr. NEY, Mr. chusetts, Mr. JEFFERSON, Mr. TAN- Mr. NEY, and Mr. CUNNINGHAM): RIGGS, Mr. MICA, Mr. STEARNS, Mr. NER, Mrs. THURMAN, and Mr. H.R. 1241. A bill to amend the Internal Rev- HUNTER, Mrs. MEEK of Florida, Mr. PORTMAN): enue Code of 1986 with respect to the eligi- H.R. 1226. A bill to amend the Internal Rev- WATTS of Oklahoma, Mr. WEXLER, bility of veterans for mortgage revenue bond enue Code of 1986 to prevent the unauthor- Mr. KING of New York, Mr. HASTINGS financing, and for other purposes; to the ized inspection of tax returns or tax return of Florida, Mr. DIAZ-BALART, Mr. Committee on Ways and Means. information; to the Committee on Ways and GOSS, Mr. CONDIT, Mr. MILLER of By Mr. LIVINGSTON: Means. Florida, Mr. BARR of Georgia, Mr. H.R. 1242. A bill to amend the Internal Rev- By Ms. DUNN of Washington (for her- BISHOP, and Ms. KAPTUR): enue Code of 1986 to provide that certain de- H.R. 1232. A bill to require country of ori- self, Mr. GINGRICH, Mr. WATTS of ductions of school bus owner-operators shall gin labeling of perishable agricultural com- Oklahoma, Ms. GRANGER, Mr. be allowable in computing adjusted gross in- modities imported into the United States CHRISTENSEN, Mr. SAM JOHNSON, Mr. come; to the Committee on Ways and Means. and to establish penalties for violations of By Mr. MCCOLLUM (for himself, Mr. SNOWBARGER, Mr. METCALF, Mr. GIB- such labeling requirements; to the Commit- BONS, Mr. ENGLISH of Pennsylvania, MICA, and Ms. BROWN of Florida): tee on Agriculture. H.R. 1243. A bill to amend the base closure Mr. SHIMKUS, Mrs. EMERSON, Mr. By Mr. CLAY (for himself and Mr. RAN- laws to reform the process by which property FRANKS of New Jersey, Mr. GEL): at military installations being closed or re- GUTKNECHT, Mr. HAYWORTH, Mr. H.R. 1233. A bill to amend the Internal Rev- aligned is made available for economic rede- HERGER, Mr. HASTINGS of Washing- enue Code of 1986 to provide tax relief to velopment and to improve the ability of the ton, Mr. BARR of Georgia, Mr. PAUL, middle income families who are struggling Secretary of Defense to contract for protec- Mr. DEAL of Georgia, Mr. CAMP, Mr. to pay for college, to amend the Higher Edu- tive services at installations being closed; to COOK, and Mr. WELLER): cation Act of 1965 to provide significantly in- the Committee on National Security. H.R. 1227. A bill to amend the Internal Rev- creased financial aid for needy students, pro- By Mr. MEEHAN (for himself, Mr. HAN- enue Code of 1986 to provide for increased ac- vide universal access to post-secondary edu- SEN, Mr. RIGGS, Mr. WAXMAN, Mr. countability by Internal Revenue Service cation, reduce student loan costs while im- SERRANO, and Mr. VISCLOSKY): agents and other Federal Government offi- proving student loan benefits, to streamline H.R. 1244. A bill to prescribe labels for cials in tax collection practices and proce- the Federal Family Education Loan Pro- packages and advertising for tobacco prod- dures, and for other purposes; to the Com- gram, and for other purposes; to the Com- ucts, to provide for the disclosure of certain mittee on Ways and Means. mittee on Education and the Workforce, and information relating to tobacco products, By Mr. ACKERMAN (for himself, Mrs. in addition to the Committee on Ways and and for other purposes; to the Committee on MORELLA, Mrs. MCCARTHY of New Means, for a period to be subsequently deter- Commerce. York, Mr. BARRETT of Wisconsin, Mr. mined by the Speaker, in each case for con- By Mrs. MINK of Hawaii: BOEHLERT, Mr. BROWN of California, sideration of such provisions as fall within H.R. 1245. A bill to amend the Public Ms. CHRISTIAN-GREEN, Mr. EVANS, Mr. the jurisdiction of the committee concerned. Health Service Act with respect to research FARR of California, Mr. FOGLIETTA, By Mr. FATTAH: on cognitive disorders arising from trau- Mr. FRANK of Massachusetts, Ms. H.R. 1234. A bill to require States to equal- matic brain injury; to the Committee on FURSE, Ms. JACKSON-LEE, Mr. JEF- ize funding for education throughout the Commerce. April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1339

H.R. 1246. A bill to prescribe alternative 28. By the SPEAKER: Memorial of the DELAHUNT, Mr. GEJDENSON, Mr. HINCHEY, Mr. payment mechanisms for the payment of an- House of Representatives of the State of TRAFICANT, Mr. BONIOR, Mr. FAZIO of Califor- nual enrollment fees for the TRICARE pro- Idaho, relative to improving patient access nia, Mr. YATES, Mr. EVANS, Ms. PELOSI, Mr. gram of the military health care system; to to quality health care; to the Committee on WAXMAN, Ms. JACKSON-LEE, Mr. OBERSTAR, the Committee on National Security. Commerce. Ms. SANCHEZ, Mr. ROTHMAN, Mr. DELLUMS, By Mrs. MYRICK (for herself, Ms. DUNN 29. Also, memorial of the House of Rep- Mr. ACKERMAN, Mr. FOX of Pennsylvania, Mr. of Washington, Mr. MCINTOSH, Mr. resentatives of the State of Idaho, relative to GORDON, Mr. MENENDEZ, Mr. STUPAK, Mr. GINGRICH, Mr. HASTERT, Mr. STUMP, the implementation of the new national am- MATSUI, Mr. KILDEE, Mr. COYNE, and Mr. Mr. SAM JOHNSON, Mr. LIVINGSTON, bient air quality PM2.5 and ozone standards; MCINTOSH. Mr. BLILEY, Ms. MOLINARI, Mr. SOLO- to the Committee on Commerce. H.R. 165: Mr. NORWOOD. MON, Mr. ARMEY, Mr. PAXON, Mr. COX 30. Also, memorial of the House of Rep- H.R. 178: Mr. ROTHMAN. of California, Mr. LINDER, and Mr. resentatives of the State of Idaho, relative to H.R. 180: Mr. DAVIS of Florida, Mr. BOYD, DELAY): the Bitterroot Grizzly Bear Environmental and Mr. MICA. H.R. 1247. A bill to prohibit the Secretary Impact Statement; to the Committee on Re- H.R. 192: Ms. GRANGER, Mr. COSTELLO, Mr. of the Trreasury from changing the treat- sources. COLLINS, Mr. ORTIZ, Mr. ROHRABACHER, Mr. ment of partnership distributions to limited 31. Also, memorial of the House of Rep- FRANK of Massachusetts, Mr. HUTCHINSON, partners; to the Committee on Ways and resentatives of the State of Idaho, relative to Mr. LINDER, Mr. ANDREWS, Mr. HANSEN, Ms. Means. the Snake River in the Hells Canyon Na- MOLINARI, Mr. BACHUS, Mr. CAPPS, and Mr. By Mr. NEY (for himself, Mr. WICKER, tional Recreation Area; to the Committee on GORDON. Mr. HOSTETTLER, Mr. NORWOOD, Mr. Resources. H.R. 195: Mr. BLILEY, Mr. LAFALCE, Mr. DICKEY, Mr. RAHALL, Mr. MCHUGH, 32. Also, memorial of the House of Rep- MCHUGH, Mrs. KELLY, Mr. MCCRERY, Mr. Mr. STUPAK, Mr. ROEMER, Mr. WISE, resentatives of the State of Idaho, relative to SENSENBRENNER, Mr. ENGLISH of Pennsylva- Mr. SOLOMON, Mr. THOMPSON, Mr. proposed regulations governing Bureau of nia, Mr. BATEMAN, Mr. CASTLE, Mr. MATSUI, FALEOMAVAEGA, Mr. CLYBURN, Mr. Land Management criminal law enforce- Mr. KLUG, Mr. WELDON of Pennsylvania, Mr. SPRATT, Mr. BARRETT of Nebraska, ment; to the Committee on Resources. GOODLATTE, Mr. HINCHEY, Mr. GEKAS, Mr. Mr. INGLIS of South Carolina, and Mr. 33. Also, memorial of the House of Rep- MCINTYRE, Mr. NEAL of Massachusetts, Mr. ENGLISH of Pennsylvania): H.R. 1248. A bill to amend title XVIII of the resentatives of the State of Idaho, relative to HINOJOSA, Mr. MCINNIS, Mr. LEWIS of Geor- Social Security Act to permit classification the introduction of Canadian wolves in the gia, Mr. JEFFERSON, and Mr. WELLER. of certain hospitals as rural referral centers, State of Idaho; to the Committee on Re- H.R. 202: Ms. DELAURO. to permit reclassification of certain hos- sources. H.R. 216: Mr. DELLUMS, Mr. WATT of North pitals for disproportionate share payments, 34. Also, memorial of the House of Rep- Carolina, and Mr. MARTINEZ, and to permit sole community hospitals to resentatives of the State of Idaho, relative to H.R. 218: Mr. BONILLA, Mr. ANDREWS, Mr. rebase Medicare payments based upon fiscal a balanced budget amendment to the Con- SMITH of New Jersey, Mr. GOODE, Ms. year 1994 and 1995 costs; to the Committee on stitution of the United States; to the Com- DANNER, Mr. LINDER, Mr. QUINN, and Mr. Ways and Means. mittee on the Judiciary. WATTS of Oklahoma. By Mr. PEASE: f H.R. 222: Mr. BONO, Mr. MICA, Ms. BROWN of H.R. 1249. A bill to redesignate the Federal Florida, Mr. SHAW, Mr. CANADY of Florida, building located at 107 Federal Building, in ADDITIONAL SPONSORS Mr. BILIRAKIS, Ms. ROS-LEHTINEN, and Mr. Terre Haute, IN, as the ‘‘John T. Myers Fed- HOLDEN. eral Building’’; to the Committee on Trans- Under clause 4 of rule XXII, sponsors H.R. 225: Mr. CANADY of Florida and Mr. portation and Infrastructure. were added to public bills and resolu- FARR of California. By Mr. SCHUMER (for himself and tions as follows: H.R. 228: Mr. DEAL of Georgia and Mr. SEN- Mrs. MCCARTHY of New York): H.R. 18: Mr. PRICE of North Carolina, Mr. SENBRENNER. H.R. 1250. A bill to amend title 18, United BACHUS, and Mr. SOLOMON. H.R. 230: Ms. WOOLSEY, Mr. PICKETT, and States Code, to regulate the manufacture, H.R. 27: Mr. PAPPAS, Mrs. CUBIN, Mr. EN- Mr. FROST. importation, and sale of ammunition capable SIGN, and Mr. SANDLIN. H.R. 279: Mr. CUMMINGS, Ms. HARMAN, Mr. of piercing police body armor; to the Com- H.R. 34: Mr. BARRETT of Nebraska. PRICE of North Carolina, Mr. SHERMAN, Mr. mittee on the Judiciary. H.R. 44: Mrs. KELLY, Mr. TRAFICANT, and MCINTYRE, and Mr. TIERNEY. By Mr. SHAW (for himself, Mr. BOYD, Mr. CUNNINGHAM. H.R. 292: Mr. HUTCHINSON and Mr. MCKEON. Ms. BROWN of Florida, Mr. CANADY of H.R. 65: Mr. BRYANT, Mr. TRAFICANT, Mrs. H.R. 297: Mr. BOUCHER. Florida, Mr. DEUTSCH, Mr. DIAZ- ROUKEMA, Mr. CUNNINGHAM, and Mr. CAPPS. H.R. 301: Mr. BOUCHER. BALART, Mr. GOSS, Mr. FOLEY, Mr. H.R. 71: Mr. SKEEN and Mr. WOLF. H.R. 303: Mr. TRAFICANT, Mr. CUNNINGHAM, MCCOLLUM, Mrs. MEEK of Florida, H.R. 76: Mr. MASCARA, Mr. MCINTYRE, Mr. Mr. DICKEY, Mr. ANDREWS, and Mr. BARTLETT Ms. ROS-LEHTINEN, Mr. SCARBOROUGH, MCCOLLUM, Mrs. MINK of Hawaii, Mr. of Maryland. Mr. STEARNS, Mrs. THURMAN, Mr. SANDLIN, Mr. BALDACCI, Mr. DEFAZIO, Mr. H.R. 304: Mr. DELLUMS. WEXLER, Mr. YOUNG of Florida, and DOOLITTLE, Mr. MATSUI, Mr. SCOTT, Mr. HAN- H.R. 306: Mr. LOBIONDO, Mrs. MCCARTHY of Mr. WATTS of Oklahoma): H.R. 1251. A bill making emergency supple- SEN, Ms. DEGETTE, Mr. ADAM SMITH of Wash- New York, Mr. BERMAN, Mr. FRANK of Massa- mental appropriations for salaries and ex- ington, and Mr. LUCAS of Oklahoma. chusetts, and Mr. NEAL of Massachusetts. penses of the National Weather Service, in- H.R. 93: Mr. LUCAS of Oklahoma. H.R. 335: Mr. GORDON, Mr. SAXTON, and Mr. cluding the National Centers for Environ- H.R. 96: Mr. HOLDEN, Mr. MICA, Mr. HALL of Texas. mental Prediction, for the fiscal year ending COOKSEY, Mr. ENGEL, Mr. CLEMENT, Mr. H.R. 339: Mr. NEY and Mr. HILLIARD. September 30, 1997; to the Committee on Ap- WALSH, Mr. CRAPO, Mr. FROST, Mrs. CLAY- H.R. 367: Mr. HASTERT and Mr. BACHUS. propriations. TON, Mr. BENTSEN, Mrs. MYRICK, Mr. BARR of H.R. 383: Mr. SKEEN and Mr. HORN. By Mr. MURTHA: Georgia, Mr. KING of New York, and Mr. H.R. 407: Mr. BILBRAY, Mrs. KENNELLY of H.J. Res. 68. Joint resolution proposing an BOEHLERT. Connecticut, and Mr. WEXLER.. amendment to the Constitution of the Unit- H.R. 107: Mr. GORDON, Mr. POMEROY, Mr. H.R. 408: Mr. DINGELL, Mr. EHRLICH, and ed States relating to school prayer; to the COMBEST, Ms. ROS-LEHTINEN, and Mr. MAR- Mr. FOLEY. Committee on the Judiciary. TINEZ. H.R. 414: Ms. GRANGER, Mr. LAHOOD, Mr. By Mr. CONYERS: H.R. 108: Ms. FURSE. COLLINS, Mr. COSTELLO, Mr. PAXON, Ms. H. Con. Res. 57. Concurrent resolution ex- H.R. 123: Mrs. JOHNSON of Connecticut, Mr. DANNER, Mr. DOOLITTLE, Mr. HANSEN, Mr. pressing the sense of Congress respecting the FOX of Pennsylvania, and Mr. LATOURETTE. ANDREWS, Mr. LINDER, Mr. HUTCHINSON, Mr. designation of jazz as a rare and valuable na- H.R. 125: Mr. BARRETT of Nebraska, Mr. ROHRABACHER, Mr. ORTIZ, Mr. CAPPS, and Mr. tional treasure; to the Committee on Edu- HASTERT, Mr. EWING, Mr. WELLER, Mr. GORDON. cation and the Workforce. LAHOOD, and Mr. FAWELL. H.R. 418: Mr. WYNN, Mr. HORN, and Mr. By Mr. BROWN of California: H.R. 127: Mr. FOX of Pennsylvania, Mr. KIND of Wisconsin. H. Con. Res. 58. Concurrent resolution es- WOLF, Mr. BOEHLERT, Mr. ACKERMAN, Ms. H.R. 426: Mr. GOODE, Mr. OBERSTAR, Mr. tablishing the congressional budget for the EDDIE BERNICE JOHNSON of Texas, and Mr. CUNNINGHAM, Mr. BARCIA of Michigan, Mr. U.S. Government for fiscal year 1998 and set- QUINN. TOWNS, Mr. INGLIS of South Carolina, and ting forth appropriate budgetary levels for H.R. 130: Mr. SOLOMON. Mrs. NORTHUP. fiscal years 1999, 2000, 2001, and 2002; to the H.R. 136: Ms. ROS-LEHTINEN, Mr. DAVIS of H.R. 437: Mr. CALLAHAN, Mr. BALDACCI, Mr. Committee on the Budget. Florida, Mr. WEXLER, and Mr. MILLER of HILLIARD, Mr. INGLIS of South Carolina, Mr. f Florida. EVANS, Mr. FILNER, Mr. WEXLER, Mr. MEMORIALS H.R. 164: Mr. GRAHAM, Ms. NORTON, Mr. CUNNINGHAM, Mr. PETERSON of Pennsylvania, MILLER of California, Mr. QUINN, Mrs. Mr. DINGELL, Mr. BROWN of California, Mr. Under clause 4 of rule XXII, memori- TAUSCHER, Mrs. CARSON, Ms. LOFGREN, Mr. OBERSTAR, Ms. DELAURO, and Mr. LOBIONDO. als were presented and referred as fol- LEWIS of Georgia, Mr. FALEOMAVAEGA, Mrs. H.R. 446: Mr. CLEMENT, Mr. SOLOMON, and lows: MALONEY of New York, Mr. RUSH, Mr. Mr. PITTS. H1340 CONGRESSIONAL RECORD — HOUSE April 8, 1997

H.R. 475: Ms. RIVERS, Mr. LIPINSKI, and Mr. Pennsylvania, Mr. TIAHRT, Mr. HORN, Mr. H.R. 1049: Mr. DELLUMS. FOX of Pennsylvania. CHRISTENSEN, Mr. KIND of Wisconsin, Ms. H.R. 1050: Mr. RANGEL, Mr. JACKSON, Mr. H.R. 491: Mrs. TAUSCHER, Mr. HUTCHINSON, LOFGREN, Mr. MARTINEZ, Mr. BOUCHER, Mr. TIERNEY, Mr. WATT of North Carolina, and Mr. HORN, Mr. METCALF, Mr. DELLUMS, Mr. MATSUI, Mrs. CLAYTON, Mr. KUCINICH, Mr. Mr. SERRANO. GUTIERREZ, and Mr. BARRETT of Nebraska. HEFNER, Mr. HOBSON, and Ms. FURSE. H.R. 1060: Mr. ARCHER, Mr. CLEMENT, Mr. H.R. 493: Mr. PRICE of North Carolina, Mr. H.R. 816: Mr. STUMP, Mr. CANADY of Flor- BLUNT, Mr. HORN, Mr. GOODE, Mr. LEWIS of MARKEY, and Mr. DELLUMS. ida, Mr. COOKSEY, Mr. SENSENBRENNER, and Kentucky, Mr. BUNNING of Kentucky, Mr. H.R. 500: Mr. MANTON and Mr. ROTHMAN. Mr. NETHERCUTT. LAFALCE, Mr. SPENCE, Mr. DUNCAN, Mr. H.R. 501: Mr. DAVIS of Illinois and Mr. DEL- H.R. 831: Mr. CAMPBELL. BALDACCI, and Mr. PALLONE. LUMS. H.R. 832: Mr. ACKERMAN. H.R. 1071: Mr. CONYERS, Mrs. MALONEY of H.R. 505: Mr. BENTSEN and Ms. DELAURO. H.R. 875: Mrs. JOHNSON of Connecticut, Mr. New York, Mr. PAYNE, Mr. HILLIARD, Mr. H.R. 521: Mr. HILLIARD, Mr. SABO, Mrs. MCDADE, Mr. SMITH of Texas, Mr. MEEHAN, SANDERS, Mr. FILNER, Mrs. MORELLA, Mr. JOHNSON of Connecticut, and Mr. HEFNER. Mr. PICKETT, Ms. BROWN of Florida, Mr. DELLUMS, Mr. FROST, Mr. FALEOMAVAEGA, H.R. 533: Mr. CLYBURN. MCCRERY, and Mr. DEAL of Georgia. and Mrs. MEEK of Florida. H.R. 536: Mr. FLAKE and Mr. MARTINEZ. H.R. 895: Ms. FURSE. H.R. 1089: Ms. DELAURO. H.R. 563: Mr. LEWIS of Georgia, Mr. DEL- H.R. 897: Mr. NEY and Ms. FURSE. H.R. 1090: Mr. LUTHER, Mr. SCOTT, Mr. LUMS, Mr. COBURN, Mr. KUCINICH, Mr. MCGOV- H.R. 906: Mr. PAPPAS, Mr. GOODE, and Mr. BARRETT of Wisconsin, Ms. WATERS, and Mr. ERN, and Mr. BEREUTER. SAM JOHNSON. WEXLER. H.R. 564: Mr. PAUL. H.R. 907: Mr. MCINTYRE. H.R. 1126: Mr. KILDEE, Mr. GUTIERREZ, Mr. C RERY UNNING H.R. 570: Mr. FALEOMAVAEGA. H.R. 916: Mr. M C , Mr. B of NADLER, and Mr. FRANK of Massachusetts. H.R. 574: Mr. CLYBURN. Kentucky, Mr. CHRISTENSEN, Mr. WATKINS, H.R. 1129: Mrs. MEEK of Florida, Mr. WATT H.R. 577: Ms. WATERS. Mrs. THURMAN, Mr. KLUG, Mr. WHITFIELD, of North Carolina, Mrs. KELLY, Mr. METCALF, H.R. 586: Mr. ALLEN, Mr. PAPPAS, Mr. Mr. STUMP, Mr. OXLEY, Mr. VENTO, Mr. Ms. ESHOO, Mr. PORTER, Ms. DEGETTE, Mrs. RILEY, Mr. ROEMER, Mr. SENSENBRENNER, Mr. CRAMER, Mr. FILNER, Mr. ROHRABACHER, Mr. CARSON, Mr. KENNEDY of Rhode Island, Ms. SHAW, Mr. STRICKLAND, Mr. VISCLOSKY, and CLYBURN, Mr. SMITH of Michigan, Mr. NORTON, Mr. WAXMAN, Mr. KUCINICH, and Mr. Mr. WYNN. LATHAM, Mr. OBERSTAR, Mr. RAHALL, Mr. CAPPS. H.R. 587: Mr. SENSENBRENNER and Mr. ENG- LAHOOD, Mr. CANADY of Florida, Mr. H.R. 1130: Mr. ABERCROMBIE, Mrs. LISH of Pennsylvania. COSTELLO, Mr. HALL of Ohio, Mr. WISE, Mr. THURMAN, Mr. DELLUMS, Ms. NORTON, Mr. H.R. 603: Mr. ROTHMAN and Mr. FRANK of STEARNS, Mr. MORAN of Virginia, Mr. FOGLIETTA, Mr. RUSH, Ms. SLAUGHTER, Ms. Massachusetts. MCHALE, Mr. SPENCE, Mr. FALEOMAVAEGA, DEGETTE, Mr. JEFFERSON, Mr. FLAKE, Mr. H.R. 604: Mr. SMITH of Texas and Mr. FAZIO Mr. FROST, Mr. BENTSEN, Mr. KUCINICH, and FAZIO of California, Mr. MARTINEZ, Ms. of California. Mr. BOEHNER. MILLENDER-MCDONALD, Mr. CAPPS, Ms. H.R. 918: Mr. KILDEE. H.R. 630: Mrs. TAUSCHER. CHRISTIAN-GREEN, and Mr. HILLIARD. H.R. 928: Mr. WATTS of Oklahoma, Mr. SAM H.R. 635: Mr. MARTINEZ. H.R. 1134: Mr. TRAFICANT, Mr. DAVIS of Vir- JOHNSON, Mr. PETERSON of Pennsylvania, Mr. H.R. 659: Ms. DANNER, Mr. HEFNER, Mr. ginia, Mr. OLVER, Mr. KENNEDY of Rhode Is- HAYWORTH, Mr. WICKER, Mr. ROHRABACHER, STENHOLM, Mr. PASTOR, and Mr. SOUDER. land, Mr. DEAL of Georgia, Mr. LIVINGSTON, Mr. LATHAM, Mr. LIVINGSTON, Mr. H.R. 664: Mr. DELLUMS. Mr. DELLUMS, Mr. FATTAH, Mrs. LOWEY, Mr. GOODLATTE, Mr. MCINTOSH, Mr. SKEEN, Mr. H.R. 667: Ms. MOLINARI, Mrs. JOHNSON of GEPHARDT, Mr. SANDERS, and Mr. HINCHEY. KNOLLENBERG, and Mr. COLLINS. Connecticut, Mr. FARR of California, Mr. H.R. 1138: Ms. DANNER, Mr. HALL of Texas, H.R. 934: Mr. NEY, Mr. YOUNG of Alaska, FALEOMAVAEGA, Mr. KING of New York, and Mr. HANSEN, Mr. HAYWORTH, Mr. NEY, Mr. and Mr. HALL of Texas. Mr. MARTINEZ. STUMP, and Mr. DUNCAN. H.R. 947: Mr. ALLEN. H.R. 674: Mr. LIVINGSTON, Mr. WEXLER, and H.R. 1140: Mr. GREEN, Mr. LEWIS of Geor- H.R. 949: Mr. LIPINSKI, Ms. BROWN of Flor- Mr. BOYD. gia, and Ms. WOOLSEY. ida, Mr. STARK, Ms. NORTON, Mr. VENTO, Mrs. H.R. 676: Mr. MANTON, Mr. MARTINEZ, Mr. H.R. 1151: Mr. KILDEE, Mr. CONYERS, Mr. MALONEY of New York, Mr. BLUMENAUER, Ms. KUCINICH, Mr. FATTAH, Mr. VENTO, Mr. FOX BARCIA of Michigan, Mr. KLINK, Mrs. JOHN- FURSE, Mr. THOMPSON, and Mr. DAVIS of Vir- of Pennsylvania, and Mr. MCINTYRE. SON of Connecticut, Mr. WALSH, Mr. ginia. H.R. 680: Mr. HILLIARD. KUCINICH, Mr. FILNER, Mr. HILLIARD, Mr. H.R. 955: Mr. SAXTON, Ms. HARMAN, Mr. H.R. 683: Mrs. FOWLER, Mr. JONES, Mr. GEJDENSON, Mr. LANTOS, Mr. SHERMAN, Mr. DOOLITTLE, Mr. SENSENBRENNER, Mr. SHAYS, GOODLATTE, Mr. PAPPAS, Mr. SUNUNU, Mr. DIXON, Mr. MARKEY, and Mr. THOMPSON. and Mr. CHABOT. TIAHRT, and Mr. WEXLER. H.R. 1153: Mr. HOUGHTON, Mr. SKEEN, Mr. H.R. 956: Mr. FALEOMAVAEGA, Mr. MICA, H.R. 684: Mr. FILNER. WATTS of Oklahoma, Mr. SENSENBRENNER, Mr. FATTAH, Mr. OXLEY, Mr. NETHERCUTT, H.R. 687: Mr. GUTIERREZ and Mr. and Mr. HAYWORTH. Mr. DAVIS of Virginia, and Mr. BOEHNER. DELAHUNT. H.R. 965: Mr. SNOWBARGER, Mr. TAYLOR of H.R. 1156: Mr. PALLONE and Mr. MANZULLO. H.R. 688: Mr. COMBEST, Mr. HOLDEN, Mr. ROST OLF OX North Carolina, Mr. HEFLEY, Mr. SPENCE, H.R. 1161: Mr. F , Mr. W , Mr. F of STENHOLM, and Mr. WICKER. UNTER AVIS and Mr. SHADEGG. Pennsylvania, Mr. H , Mr. D of Vir- H.R. 689: Mr. PRICE of North Carolina and H.R. 972: Mr. NEUMANN. ginia, Mr. BILBRAY, and Mr. TAYLOR of North Mr. FROST. H.R. 979: Mr. ALLEN, Mrs. CLAYTON, Mr. Carolina. H.R. 714: Mr. SHUSTER. CALLAHAN, Mr. FATTAH, Mr. CONDIT, Mr. H.R. 1169: Mrs. MYRICK, Mrs. LOWEY, Mr. H.R. 739: Mr. ENGLISH of Pennyslvania. FAZIO of California, Mr. FOX of Pennsylva- PALLONE, Mr. SHAYS, Mr. TRAFICANT, Mr. H.R. 753: Mr. PAUL, Ms. STABENOW, Ms. WA- nia, Mr. WELLER, Mr. HORN, Mr. SANDERS, SHERMAN, Mr. SAWYER, Ms. DELAURO, Mr. TERS, Ms. DEGETTE, Mrs. MALONEY of New Mr. BERMAN, and Mr. FALEOMAVAEGA. SANDERS, Mr. ETHERIDGE, Mr. ALLEN, and York, Mr. ALLEN, Mr. FAZIO of California, H.R. 980: Mr. LEWIS of California, Mr. Mr. MARTINEZ. and Mr. GONZALEZ. SKEEN, Mr. SOLOMON, and Mr. SPENCE. H.R. 1204: Mr. FILNER and Mr. GALLEGLY. TABENOW ELLUMS H.R. 766: Ms. S and Mr. D . H.R. 981: Mr. OBERSTAR, Mr. MARTINEZ, H.R. 1205: Mr. ENGLISH of Pennsylvania and H.R. 777: Mr. MARTINEZ, Mr. FROST, Mr. Mrs. MINK of Hawaii, and Mr. Mr. MCKEON. CONYERS, Ms. FURSE, Mrs. CLAYTON, Mr. FALEOMAVAEGA. H.J. Res. 47: Mr. TIERNEY. VENTO, Mr. OBERSTAR, Mr. FILNER, Ms. NOR- H.R. 983: Mr. MILLER of California. H.J. Res. 54: Mrs. CLAYTON, Mr. DELAHUNT, TON, Ms. LOFGREN, Mr. DAVIS of Illinois, Mrs. H.R. 991: Mr. FOX of Pennsylvania and Mr. Mr. GOODLING, Mr. HILLIARD, Mr. HOBSON, MINK of Hawaii, Mr. SHAYS, Mr. FORD, Mr. MCGOVERN. Mr. PEASE, and Mr. SHAW. MEEHAN, Ms. SANCHEZ, Mr. SCOTT, Ms. WOOL- H.R. 1000: Mr. BERRY, Mr. KINGSTON, Mr. H.J. Res. 59: Mr. PAUL and Mr. CHAMBLISS. SEY, Mr. ANDREWS, Mrs. MALONEY of New SMITH of Michigan, Mr. SMITH of New Jersey, H. Con. Res. 6: Ms. KAPTUR. York, Mr. EVANS, Mr. BONIOR, Mr. STARK, Ms. DANNER, and Mr. SESSIONS. H. Con. Res. 8: Ms. DEGETTE, Mr. DICKS, Mr. MCGOVERN, Mr. OWENS, Mr. KUCINICH, H.R. 1009: Mr. DICKS, Mr. HASTINGS of Mr. DELLUMS, and Mr. MANTON. Mr. ROMERO-BARCELO, Mr. HINOJOSA, Mr. Washington, Mr. HILL, and Mr. STUMP. H. Con. Res. 14: Mr. WEXLER. PASTOR, Mr. PAYNE, Mr. MILLER of Califor- H.R. 1010: Mr. STEARNS, Mr. MCINTOSH, Mr. H. Con. Res. 27: Mr. FORD, Ms. RIVERS, Mr. nia, Mr. TIERNEY, Ms. DEGETTE, Mrs. MCCAR- BALLENGER, and Mr. GOODE. WATT of North Carolina, Mr. CLAY, Mr. THY of New York, and Ms. WATERS. H.R. 1014: Mr. EVANS, Ms. FURSE, Mr. DEL- MCNULTY, Mr. QUINN, Mrs. CLAYTON, Mr. H.R. 789: Mr. SNOWBARGER, Mr. MORAN of LUMS, Mr. SANDERS, and Ms. WATERS. BARRETT of Wisconsin, Mr. MASCARA, and Kansas, Mr. SOUDER, Mr. VISCLOSKY, Mr. H.R. 1016: Ms. BROWN of Florida. Mr. FLAKE. RUSH, Mr. SUNUNU, Mr. NEY, Mr. NEUMANN, H.R. 1023: Ms. DEGETTE, Mr. HILLIARD, Mr. H. Con. Res. 40: Mr. MALONEY of Connecti- and Mr. BALLENGER. JEFFERSON, Mr. RANGEL, Mr. TRAFICANT, cut, Mr. UNDERWOOD, Mr. FILNER, Mr. DEL- H.R. 793: Mr. DELLUMS and Mr. LIPINSKI. Mrs. LOWEY, Mr. DIXON, Mr. RAMSTAD, Ms. LUMS, Mr. MCGOVERN, Mrs. TAUSCHER, Mr. H.R. 802: Mr. DEAL of Georgia. STABENOW, Mr. ALLEN, Mr. MCNULTY, Mr. DAVIS of Illinois, Mr. OLVER, Mr. LEWIS of H.R. 805: Mr. CAMPBELL. COSTELLO, Mr. GILMAN, Mr. LUCAS of Okla- Georgia, and Ms. SLAUGHTER. H.R. 813: Mr. DUNCAN. homa, Mr. SANDERS, Mr. SHADEGG, Mr. H. Con. Res. 43: Ms. SLAUGHTER and Mr. H.R. 815: Mr. BARRETT of Wisconsin, Mr. LEVIN, Mr. HOEKSTRA, and Mr. GIBBONS. WELLER. FLAKE, Mr. THOMPSON, Mr. WYNN, Mr. MIL- H.R. 1041: Mr. MCDERMOTT, Ms. PELOSI, Mr. H. Con. Res. 50: Ms. ROS-LEHTINEN, Mrs. LER of California, Ms. PELOSI, Mr. ENGLISH of FORD, and Mr. STRICKLAND. MALONEY of New York, Mr. FRANKS of New April 8, 1997 CONGRESSIONAL RECORD — HOUSE H1341 Jersey, Mr. HASTINGS of Florida, Ms. NOR- H. Res. 26: Mr. MCDERMOTT, Mr. BROWN of PETITIONS, ETC. TON, Mrs. KELLY, Mr. MANTON, Mr. MCGOV- California, Mrs. MORELLA, Mr. WATT of Under clause 1 of rule XXII. ERN, Mrs. MEEK of Florida, Mr. ENGEL, Mr. North Carolina, Ms. NORTON, Ms. RIVERS, Mr. WATTS of Oklahoma, Mr. KING of New York, GREEN, and Mr. BONIOR. 9. The SPEAKER presented a petition of Mr. WEXLER, Ms. DUNN of Washington, and the Republican Party of San Mateo County, Mrs. MORELLA. H. Res. 98: Mr. ADERHOLT and Mr. SES- CA, relative to the American Land Sov- H. Con. Res. 55: Mr. FOLEY, Mrs. MALONEY SIONS. ereignty Protection Act; which was referred of New York, and Mr. CUNNINGHAM. to the Committee on Resources. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, TUESDAY, APRIL 8, 1997 No. 40 Senate The Senate met at 10:30 a.m., and was RECOGNITION OF THE ACTING of the bill in a reasonable time period. called to order by the President pro MAJORITY LEADER If cloture is not invoked, I remind all tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The Senators that a second cloture motion The PRESIDENT pro tempore. To- able acting majority leader is recog- was filed last night and therefore a sec- day’s prayer will be offered by Rabbi nized. ond cloture vote would occur tomor- Yechiel Eckstein, president of the f row. If that vote becomes necessary, all Members will be notified later today as International Fellowship of Christians WELCOME TO RABBI YECHIEL and Jews. to when they can expect that vote on ECKSTEIN Wednesday. We are pleased to have you with us. Mr. THOMAS. Mr. President, first, on f behalf of the Senate, I say welcome to MORNING BUSINESS PRAYER Rabbi Yechiel Eckstein, president of the International Fellowship of Chris- The PRESIDING OFFICER (Mr. ROB- Our Father in Heaven, we come be- tians and Jews, to the Senate. Thank ERTS). Under the previous order, there fore You this day and every day in awe, you so much for your prayer this morn- will now be a period for the transaction gratitude, praise, humility, and prayer. ing. Rabbi Eckstein is an outstanding of morning business not to extend be- This, indeed, is the day the Lord has spiritual leader, author, lecturer, and yond the hour of 12:30, with Senators made, let us rejoice and be glad in it. radio and television communicator. permitted to speak therein for up to 5 minutes each. O Lord, instill in our hearts a love Chaplain Ogilvie has invited Rabbi Who seeks time? for You and for all Your creation. May Eckstein to lead a seder dinner for Sen- Mr. THOMAS addressed the Chair. we be ever mindful that it is from You ators and their spouses this next Tues- The PRESIDING OFFICER. The Sen- that we derive our strength, our wis- day evening, April 15, 1997, which ator from Wyoming. dom, our hope, and our conviction. should be a great opportunity. My wife and I attended last year and, as Meth- f May we be inspired by Your Word and odists, we enjoyed it a great deal. We TAXES reminded of Micah’s admonition to act intend to be there again this year. justly, love mercy, and walk humbly Rabbi, we thank you for your mes- Mr. THOMAS. Mr. President, several with the Lord our God. May we never sage and sharing with us some of the of us have asked this morning for a avert our eyes from the pain and suf- feelings of the heritage we share as half hour to talk about an item that is fering of others. Jews and Christians. of particular interest now, and that is O Lord, on this and every day, we f taxes. It is of particular interest be- cause we are now close to April 15, seek Your guidance and direction. SCHEDULE Watch over us and our leaders—indeed, when taxes are more real to us all than the men and women in this room. Mr. THOMAS. Mr. President, I would they are at some other times. We want like to announce today’s schedule on to talk about taxes because they are We pray for the peace of Jerusalem behalf of the majority leader. Today part of the Republican agenda. We have as Psalms 122:6 urges us to do, and in- there will be a period of morning busi- talked, over the years, about the idea deed for peace among all people of all ness until the hour of 12:30 this after- of allowing families to spend more of nations. So that, instead of finding noon. At 12:30, the Senate will recess their own money, allowing businesses swords and weapons we will find only until the hour of 2:15 to allow for the to be able to invest and create jobs in plowshares and pruning forks. We, the weekly policy conferences to be held. the private sector. I think it is appro- people, look to You, O God and to you, When the Senate reconvenes at 2:15, we priate to talk about taxes because it our leaders, to bring that day of peace will resume debate on the motion to has been an area of controversy—the about. proceed on S. 104, the Nuclear Waste idea of whether or not we ought to May we be inspired to transcend our Policy Act legislation. Under the order, have an effort at tax relief at the same diversities and differences and be the time between 2:15 and 5:15 will be time we seek to balance the budget. blessed from on high with the fulfill- equally divided, with a vote occurring Mr. President, I am here to tell you ment of the ancient Biblical promise of at 5:15 on invoking cloture on the mo- that having been in my home district Psalm 133, ‘‘How good and how pleasant tion to proceed to S. 104. in Wyoming over the past week, as it is for brethren to dwell together in If cloture is invoked, the majority most of us have, and having a series of unity.’’ God bless you and always be leader hopes that the Senate will be al- town meetings, the issue that came up with you. Amen. lowed to proceed to the consideration most often is: What are you going to do

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

S2803 S2804 CONGRESSIONAL RECORD — SENATE April 8, 1997 about taxes? What are you going to do There is a different view. There are lem we have in our chronic deficits is about the capital gains tax? What are those who, I think legitimately from a not that the Federal Government does you going to do about estate taxes or strategic point of view, say, ‘‘Let us not have enough money, it is not that some tax relief for families to be able balance the budget first.’’ That is OK, our National Government does not to help take care of their own children? I guess, if you are committed then to have enough revenues; it is that we So I feel very strongly about it. Let doing the tax relief. However, I believe are, in fact, addicted to spending. So me just say that too often when we we ought to deal with them at the the question is—and the debate contin- talk about taxes and the budget, I same time. I am one who signed a let- ues to exist—Can we balance the budg- think it seems that we are talking ter—there were 16 of us, I believe—to et and provide tax relief simulta- about arithmetic and bookkeeping the leader saying that we ought to deal neously? I think the answer to that is when we talk about budgets. It just with the whole concept of the size of an emphatic, yes. The problem is not seems to me that when we talk about the budget, how we balance the budget that we don’t have enough revenues or budgets, we are really talking about and how we give tax relief to American that we need to increase taxes. The something quite broader than that, and families and to business. That seems to problem has been and continues to be that is the direction of this Govern- be what we ought to do. that we spend too much and that we ment and whether or not we want to What did I hear about at home? I cannot get a control on our spending have more central Government, or heard about capital gains taxes. I heard habit and that we are unwilling to deal whether we want to have less, whether an awful lot about the idea that people with the very real problem of entitle- we want to move more of our activities would like to be able to invest in busi- ment spending that consumes more and back closer to people at the State and nesses if they could make some profit more of the budget pie. local governments, or whether we want over time, even if it is nothing more So I suggest that we can cut taxes and that we must cut taxes for the to continue to build up more and more than inflation over time, and about American people. There are three at the central Federal Government paying taxes on the investments for areas, I think, particularly that we level. the inflation they have made. That dis- need to emphasize. First, as the Sen- With that concept, the philosophical courages them. We have a lot of small direction that is inherent in those deci- ator from Wyoming emphasized, was businesses in my State, as is true ev- family tax relief. Families today, sions is also a decision about taxes and, erywhere. Small business is the back- I suspect, if possible, although we working families, hard-working fami- bone of this economy. We have a lot of lies, are being squeezed more and more haven’t done it for 30 years, to balance farmers and ranchers and families who the budget and to continue to spend at by an ever larger tax bite—almost 40 have spent their whole lives putting to- percent for the average family—at the the same time. You do that by raising gether an estate in their ranch or farm. taxes. That is the way you do that. Federal, State, and local level, which is Now we find, quite often, because those That is what the President did several more than they are spending for hous- are not really cash-flow cows—there is years ago, to move toward a balanced ing, for education for their children, a great deal of asset value there, but budget by continuing to spend but to for health care, more than they are not much cash—you have to dispose of raise taxes. spending for recreation, all combined There is a philosophical difference of that property in order to pay the taxes. together, they are spending to the tax view. There are those who believe that You can’t pass it on to your family. collector. That is too much. That is un- we ought to have more Government, There is a lot of concern about that. fair. who believe that the Government actu- Well, Mr. President, I have been I also was listening to my constitu- ally spends money to a better advan- joined by several of my associates to ents over the recess. We had 12 town tage than people themselves do, who talk for a little bit about taxes this meetings in Arkansas. In Fayetteville, believe that we ought to have more and morning. So I yield to my friend, the AR, after making a speech and taking more functions carried on at the Fed- Senator from Arkansas. questions for more than an hour, a gen- eral level in the central Government. The PRESIDING OFFICER. The Sen- tleman came up to me and said, ‘‘Sen- That is a legitimate point of view. I ator from Arkansas is recognized. ator, something is wrong in America.’’ don’t happen to share it. Mr. HUTCHINSON. Thank you, Mr. He said, ‘‘I was raised in a family of I think, Mr. President, that quite President, and I thank the Senator eight of us. There were eight children. often when we talk about the details of from Wyoming for yielding time and Mom stayed home, dad worked. Dad, as issues, really at the center of it is that for organizing this time to talk about a single breadwinner in a single-income issue of whether you want more Gov- the desperate need for tax relief for family, he could provide for the eight ernment or whether you want less. It is American families and businesses. I of us. We had a pretty good life. My dad a pretty basic philosophical issue. That rise today in very strong support for had a high school education. Now I is what we are talking about here. It meaningful and permanent tax relief have a college degree, two children. My does seem to me that—No. 1, when you for American families and businesses. wife and I both work, and we can bare- have a tax burden on the American This is, I believe, no time for us as con- ly keep things together. Something is citizens that averages between 38 and servatives, no time for us as Repub- wrong.’’ While there may be many, 40 percent in taxes for families, that is licans, no time for us as Americans to many answers to that question, what is a heavy burden. That is a very heavy retreat or backtrack or to equivocate wrong and what has happened—a big burden. on our commitment to the American part of it—is that Government has got- It seems to me, of course, that there people that we will fight for them and ten larger, and as Government has got- are lots of ways in which we can reduce fight for tax relief. ten larger, its demand on the family the size of the Federal Government. We One of the problems—and there are has increased and the amount that it can contract, we can have more things many—with the President’s budget is confiscates from the American family done in the private sector, and we can that he matches temporary, very nar- of higher taxes has grown to the point move more of it to the State govern- rowly targeted tax cuts with perma- that the American family has a very ment. There are a lot of the things out nent tax hikes. So while the minimal difficult time paying it. of the $1.7 trillion budget we don’t have targeted tax cuts would be sunsetted, We need family tax relief. We need to do. Many of those things have been the American people will be obliged to estate tax relief. There are fewer there forever and they just go on be- continue to pay and pay and pay the things I heard more about during my cause they go on. I guess I am suggest- tax increases. Not too long ago, Mr. town meetings than the need for estate ing that we ought to take a long look Greenspan, Chairman of the Federal tax relief. There are fewer taxes in this at that budget. In my view, one of the Reserve, testifying before the Senate country I believe that are more un- priorities for this Congress and for this Banking Committee, said, ‘‘Ulti- American than the estate tax. There Senate ought to be to balance the mately, you cannot solve the long-term are fewer taxes that are more of a kill- budget and provide tax relief for Amer- deficits from the receipt side. It’s got er and a destroyer of the American ican citizens. That is what it is all to be from the expenditure side.’’ dream than the estate tax. about, I believe, so we want to talk Put very plainly, it seems to me that We used to say that part of the about that. Mr. Greenspan is saying that the prob- American dream is if you work hard, April 8, 1997 CONGRESSIONAL RECORD — SENATE S2805 save your money, and if you invest When they checked they found they event made all the more tragic because well, that you not only will have a bet- couldn’t afford to make that sale. So it could have been prevented. The story ter life, but you will be able to pass they hung onto it. They continued to of the Titanic is a sad story of excess, of that on to your children and grand- operate it. man’s ongoing reach for something big- children so that they will have greater But I want you to think with me, my ger, something more powerful. opportunities than we have. But today, colleagues. What would have been the The second manmade disaster is the if you work hard and if you have done impact had they been able to make arrival of tax day. Now, I do not mean well, we will take 55 percent of it in es- that sale, had we not had the exorbi- to draw a direct comparison between tate taxes. It is killing that American tant capital gains tax we impose? We the loss of life in the Titanic incident dream, or a big part of that American would have had a new business started and the plight of America’s working dream. I think that is wrong. with new employees. The economy men and women. But for many Ameri- There are five bills in the Senate to would have been stimulated with more cans, April 15 is another potent symbol reform or to eliminate the estate tax. I taxes being paid to the Federal Treas- of man’s ongoing reach for something am on all of them. I think we need to ury. We would have had new business bigger and more powerful. The bigger at least raise the exclusion. But better owners there in Stone County with the and more powerful entity in this case yet, we need to eliminate it. It is a desire to expand that restaurant oper- is not the world’s largest ship, but the very ineffective way to fund the Fed- ation, hire additional employees and, largest government the world has ever eral Government anyway. We are 65 therefore, not only stimulate the econ- known. And Washington’s constant cents short in collections for every dol- omy in Stone County, but pay more need to expand its reach has impris- lar that we receive from the estate tax. taxes to the Federal Treasury. oned working families in a disastrous It is a very ineffective way of funding You take that little example from cycle of taxation. Federal programs. Stone County, AR, and multiply that Look what our outrageous tax burden Then, finally, I want to mention that thousands of times across the United has done to families over the past 40 we desperately need immediate capital States, and you begin to get the pic- years. Taxes today dominate the fam- gains tax relief. I heard a great deal ture of what we could do in stimulating ily budget. The annual tax bill for a about this. This is what they say. They the American economy, and therefore typical family now averages $21,365— say, yes, the Republicans are for cap- making it easier for us to balance the significantly more than they spend on ital gains tax relief, that it is a tax Federal budget if we would simply cut food, clothing, and shelter every year. break for the wealthy. Well, we know drastically and dramatically the cap- Factor in State and local taxes and that the vast majority of tax filers will ital gains tax rate. I believe we need to the hidden taxes that result from the at some time in their life file capital do that. high cost of government regulations, gains on their tax returns, most of So I know there are others who are and a family today gives up more than those being middle-income earners. It here to speak. I just want to conclude 50 percent of its annual income to the is not a tax break for the wealthy. by saying this is no time for us to re- government. We pay an especially high Let me tell you how it plays out in treat on our promise made to the price in my home State of Minnesota— Arkansas. A young couple started 30 American people that we are going to a study released last year by Harvard years ago building a poultry farm in work for tax relief. I believe it is the University revealed that Minnesota the Ozark Hills. They spent their life moral equivalent of what President taxpayers pay the seventh highest paying off that mortgage. They are Bush did in 1990. I admire and love taxes in the Nation. getting up in age. They are not President Bush, but I think he made a Taxes are not merely an inconven- wealthy. But they have worked their terrible mistake when he told the ient fact of life. They are the 1990’s ver- whole lives to pay off that farm. Maybe American people ‘‘no new taxes,’’ and sion of highway robbery. they can no longer tend that big farm, then violated that pledge in reaching a Who has borne the brunt of these or maybe they want to move into town budget deal. We must not, in our desire ever-increasing taxes since the 1940’s? close to the hospital, or maybe they to reach some mythical budget deal, Working families with children. No need to get in close to the grand- forsake, abandon, or equivocate on the wonder these Americans shake their children. They go to sell that farm. promise and the pledge we made to the heads in dismay each April. They discover that the capital gains American people that we have come up Mr. President, when my colleagues taxes would be so high that they can’t here to lessen that ever-increasing tax and I in the sophomore class were afford to sell the farm they worked a burden under which they labor. elected in 1994, we were sent here by lifetime to pay for. They are not So I, for one, will continue to work our constituents on a promise that we wealthy. But that is what we have done for a budget that is going to have fam- would balance the budget and cut with the capital gains tax. ily tax relief, estate tax relief, and cap- taxes. That same promise was made by I will give you one other example. My ital gains tax relief for the American the Members of the new freshman chief of staff is from Stone County, AR. people. class. And we do not intend to let 1 Stone County has one of the largest per I yield the floor, Mr. President. more year pass without delivering on capita incomes in the State of Arkan- Mr. THOMAS. I want to ask the Sen- those promises. Tax relief and deficit sas. His parents own a little cafe called ator if there is a Fifty-Six, AR. reduction can and must go hand in Cody’s Cafe in Fifty-Six, AR, next to Mr. HUTCHINSON. There is a Fifty- hand. Any budget presented in this the State park. It is a good restaurant. Six, AR, and Cody Cafe is the place to Chamber that favors deficit reduction It has good food. I recommend it. I eat eat. at the expense of lower taxes—what there when I am in Fifty-Six, AR. But Mr. THOMAS. Mr. President, I yield Washington’s big spenders like to call Todd’s parents wanted to sell that lit- to the Senator from Minnesota. the save-the-dessert-for-after-dinner tle restaurant. It is a mom-and-pop op- The PRESIDING OFFICER. The Sen- approach—is nothing more than an ex- eration. They don’t have many employ- ator from Minnesota. ercise in futility. Until the opponents ees. It is a very small cafe. They want- f of tax relief recognize that what they ed to sell it and put it into another call dessert is what most taxpayers business, in another restaurant in an- THE SINKING OF THE ‘‘TITANIC’’, consider their salary, we will never other part of Arkansas. They had a TAX DAY, AND OTHER MANMADE reach agreement on a budget. buyer, somebody who was going to buy DISASTERS I would like to also add that I re- that cafe-restaurant. Those buyers un- Mr. GRAMS. Mr. President, 1 week ceived a letter today from a mayor doubtedly were going to expand, and from today, we will mark the anniver- back home who opposed tax relief. He they were going to hire additional em- sary of two infamous, manmade disas- didn’t call it dessert, but he called it ployees as well. Todd told his parents, ters. One may slip by unnoticed. I am political goodies that we would like to ‘‘Before you make that deal, before you certain the other will not. disperse to our constituents. Allowing sign that contract, be sure to check The first disaster we will commemo- working men and women to keep more with your accountant. Find out what rate next Tuesday is the 85th anniver- of their money is what he calls politi- the capital gains taxes will be.’’ sary of the sinking of the Titanic, an cal goodies. S2806 CONGRESSIONAL RECORD — SENATE April 8, 1997 This is the mindset of many who are next Tuesday, April 15, any easier for vote for us to reduce taxes. But, as I serving in government today, whether America’s working families. But we pointed out, the biggest tax increase in they be local, State, or Federal offi- have before us unlimited opportunities the history of the country in 1993 cials. Somehow the people’s money is to profoundly change every other tax passed without even a majority vote. somehow government’s claim, and if we day, far into the future. Washington As I said, Mr. President, we think it want to make sure that they can keep created the mess we are in, and the ought to be at least as hard to raise some of it, it is somehow political taxpayers are now demanding that taxes as it is to cut them. That is why goodies. Washington get us out of it. Thank you we are going to be voting on April 15 to But it was later in his letter that I very much. I yield the floor. support the principle that there should found what was really his real concern. Mr. THOMAS. Mr. President, I yield be a supermajority for Congress to In the letter I think he felt that lower to the Senator from Arizona. raise taxes. taxes could mean fewer dollars to be The PRESIDING OFFICER. The Sen- The Kemp commission, appointed by sent from Washington to his town. So ator from Arizona. the Speaker of the House and the pre- his concern wasn’t the political Mr. KYL. Thank you, Mr. President. vious majority leader of the Senate, goodies, but it could mean fewer dol- I thank my colleague from Wyoming came to this conclusion about this re- lars if we reduce the size and scope of for putting this order together at this quirement. I am quoting: ‘‘The com- the Federal Government. That is propitious time to discuss tax policy in mission believes that a two-thirds money that would be allowed to be the country with April 15 looming on supermajority vote of Congress will spent, or really the pork from Washing- the horizon and Americans all over the earn Americans’ confidence in the lon- ton—not political goodies but pork. country concerned about the amount of gevity, predictability, and stability of Let the Federal Government raise the money we pay to the Federal Govern- any new tax system.’’ They made that point in recommend- taxes rather than having the local ment in Federal income taxes. ing this two-thirds supermajority of taxes support the programs for pork Mr. President, I have an important both Houses of Congress to raise taxes that they want. So, in other words, announcement to make. I have been as a key component of our tax policy. provide for their residents. It is really authorized to announce that on tax As I said, there are 14 States that cur- great that we can stand here and get day, April 15, the U.S. Senate will have rently have some form of tax limita- credit for spending their money—the a historic opportunity to vote on a res- tion in effect. There was an interesting taxpayers’ money—for programs, for olution which will express the sense of the Senate that we support a require- study in 1994 by the Cato Institute what really is pork that the Govern- which found that a family of four in ment thinks that they should have, or ment that Congress, the House and the Senate, be required to raise taxes with States with tax and expenditure limits that they need. It is great that we have faces estate and tax burdens that are this great ability to figure out for the a supermajority. In other words, that we could not raise taxes with a bare $650 lower on average 5 years after the local citizens what is best for them. implementation than it would have The American people have spoken majority, that it would require a two- been if the State tax growth had not very clearly on this point. A USA thirds vote for a tax increase to go in been slowed. In other words, the people Today-CNN-Gallup Poll released just effect, much like the requirement in who live in States that have these last week confirms what many of us States throughout the United States, supermajority requirements are better have been saying all along: Tax cuts and a very successful requirement, I off, pay less in taxes than those States must be part of any budget agreement might add. The full House is actually going to vote on tax day on the actual which do not have such a requirement. we enact this year. When asked if they It also matters, Mr. President, how constitutional amendment. Our resolu- think the Republicans should drop we raise or lower taxes. Or I should tion will be a sense of the Senate in their attempts to include tax cuts in say, put it another way, how we in- their overall plan to reduce the budget support of that same concept. Obvi- crease revenues to the Treasury mat- deficit, or should they keep the tax ously, we are not prepared yet to actu- ters because you can increase revenue cuts in their plan, fully 70 percent of ally vote on the constitutional amend- to the Treasury not by raising tax the respondents said the tax cuts ment. rates but actually by lowering certain The reason for this, Mr. President, is should stay. Seven out of ten Ameri- tax rates. cans are calling on us to keep our tax- that the average family of four back in We all agree that lower tax rates cutting pledge. And a majority agreed 1948 paid about 5 percent of its income stimulate the economy, which results that tax cuts and deficit reduction can in Federal taxes. But today that bur- in more taxable income and trans- be accomplished at the same time. den is about 24 percent. And, as our actions and more revenue to the Treas- Mr. President, if Congress intends to colleague from Minnesota just noted, if ury as a result. In fact, the tax cuts out make the strongest possible statement you add the State and local taxes to of the early 1980’s make this point. in support of working Americans, we the mix, we are paying about 40 per- They spawned the longest peacetime will not do it by building a bigger Fed- cent of our income in taxes to govern- economic expansion in our Nation’s eral Government that demands more ment. history. taxpayer dollars. We will do it by cut- The last tax increase to pass in the Revenues to the Treasury, the Fed- ting taxes and leaving families a little Congress in 1993 was the largest in his- eral Treasury, increased as a result more of their own money at the end of tory. And, yet, it failed to even achieve from $599 billion in fiscal year 1981 to the day. a majority in the U.S. Senate. There $990 billion in fiscal year 1989, up about Earlier this year, I was proud to join was a tie of 50–50. President Clinton’s 65 percent. my colleagues, Senator HUTCHINSON largest tax increase in history only On the other hand, higher tax rates and Senator COATS, in reintroducing passed because Vice President GORE discourage work and production and this desperately needed tax relief in came to the Chamber and cast the de- savings and investment so there is ulti- the form of the $500 per-child tax cred- ciding vote. We believe that it ought to mately less economic activity to tax. it. be at least as difficult to raise taxes as That is exactly what Martin Feldstein, The $500-per-child tax credit takes it is to cut them. It is now easier, the former Chairman of the President’s power away from Washington and puts sadly, to raise taxes than it is to cut Council on Economic Advisers, found it back with families, where it can do them. when he looked at the effect of Presi- the most good. Once we leave that Consider this irony. This two-thirds dent Clinton’s 1993 tax increase. He money in the family bank account, majority would fix this problem, by the found that taxpayers responded to the taxpayers are empowered to use it way. When we passed the balanced sharply higher marginal tax rates im- meeting the needs of their families, budget amendment of 1995, the Presi- posed by the Clinton tax bill by reduc- whether that is clothing, medical and dent vetoed it. It included big tax cuts. ing their taxable incomes by nearly $25 dental expenses, insurance, or even The President vetoed it. We had to billion. They did that by saving less, groceries, or education. have a two-thirds majority to over- investing less, and creating fewer jobs, Mr. President, there is no action Con- come the veto, and we couldn’t do that. and the economy eventually paid the gress can take today that will make So it would have required a two-thirds price in terms of slower growth. April 8, 1997 CONGRESSIONAL RECORD — SENATE S2807 In other words, as I said, how Con- thing that happened back during the Currently, according to the Census gress raises taxes is more important Kennedy administration when he had Bureau, a typical family of four spends than how much it can tax. The key is the wisdom to say we have to increase more than 3 hours of every 8-hour day whether tax policy fosters economic revenues and the best way to do this is working for dollars that are dedicated growth and opportunity. And that is to reduce taxes happened again in the to Federal, State and local taxes. That why we believe, as I said before, that it 1980’s. Unfortunately, we have an ad- is an average of almost 40 percent of in- ought to be more difficult to raise tax ministration in the White House that come—40 percent of our income to con- rates. It ought to be just as easy to cut does not understand this. tinue to grow a central government. taxes. We should raise tax rates only if In fact, I was amazed early in this ad- You get big government and you get a there is enough consensus on that to ministration when Laura Tyson, who is bloated bureaucracy. Instead, we ought provide a two-thirds majority of both the chief economic adviser to the to be able to use those dollars to in- Houses of Congress. President of the United States, Presi- crease our businesses, to feed our kids, So on April 15, tax day, all of us in dent Clinton, back in 1992 said—and to send them to school. So we need re- the Senate will have the opportunity this is nearly a direct quote—there is form, smart reform, smart tax reform. to go on record to tell our constituents no relationship between the level of That has a nice ring to it, doesn’t it? where we stand. Do we believe that it taxes a nation pays and the amount of I hear also in town meetings more ought to be just as difficult to raise economic productivity of that nation. and more about the IRS. Let me tell taxes as it is to cut them? We will have That is saying they believe if you tax you that at least to some extent you the opportunity to vote on the prin- everybody 100 percent, they are going cannot do much about the IRS until ciple of requiring a supermajority in to work as hard as if you taxed them 10 you change the system and make it Congress to raise taxes. And I certainly percent. This is what Senator KYL was simpler. Which taxes to reform? Where hope that my colleagues will support getting to, that there is a relationship should we start? The inheritance tax us in that vote. between the level of taxation and the for one. We have already talked about I thank the Senator from Wyoming productivity of a nation. In fact, to be that. Here is one that makes no sense for this time. specific, for each 1-percent increase in at all. We spend more time avoiding in- Mr. THOMAS. Mr. President, I am economic activity of a country it in- heritance taxes than we do paying pleased now to yield to my friend, the creases new revenue $24 billion. them. People who have spent time in Senator from Oklahoma, who has actu- So those of us who are conservative, business and farms cannot pass it on to those of us who believe that what his- ally been chairman of our 1994 group. their own families. The current tax pe- tory has taught us is very factual are The Senator from Oklahoma. nalizes the development of wealth and Mr. INHOFE. I thank the Senator standing here saying we want to lower business. That is wrong. It is really a from Wyoming for having this time de- taxes, we want to do as Senator KYL matter of freedom. Citizens own their suggested and make it more difficult voted to such a significant issue. property and families should not be Mr. President, I ask unanimous con- for people to raise taxes. I suggest, if compelled to sell it if the head of the sent that the time which has been al- you go back and look at the votes that household passes away. In the West it took place to raise taxes, at least in lotted to Senator THOMAS be extended is an environmental problem. The view the 10 years I have been here, it has al- until the hour of 11:15. of the West, the mountains will be sub- The PRESIDING OFFICER (Mr. ways passed by maybe 1 or 2 percent. If divided unless we act. you put a supermajority on that, I be- SMITH of Oregon). Without objection, it How about capital gains reduction? is so ordered. lieve we can accomplish a lot. Entrepreneurs and small business in- And so as the speakers before me Mr. INHOFE. I think something that vestors take substantial risks when have indicated, there are a lot of ad- is very significant that has not yet they open or invest in businesses. Cut- vantages here to get this machine been said was touched upon by the dis- ting capital gains will increase eco- working and to become more produc- tinguished Senator from Arizona [Mr. nomic growth. Add to that tax credits tive, and if for no other reason than KYL], when he approached the econom- for our families with children. Grant a the distinguished Senator from Min- ics of this issue. Unfortunately, when $500-per-child tax credit and give fami- nesota said—we who are elected to the we talk about tax reductions, there is a lies the opportunity to do some things. Senate, that is, those of us in the When it is all wrapped up, tax reform mindset that if you reduce taxes, you Chamber right now, in 1994 committed reduce revenues. History has shown us should have to pass a simple common- and promised that we would vote for a sense test. Does it impose the lowest very clearly that is not the case. balanced budget and reduce taxes, and In fact, it was a Democrat who first possible compliance and enforcement? we are going to do that. Does it encourage growth? Does it came up with the idea that you could I yield the floor. actually increase revenues by reducing work to help strengthen families? By Mr. THOMAS. Mr. President, let me anyone’s measure, our current system taxes, and that was President Kennedy just sort of wind up on our tax thing back in the early 1970’s when he said does not pass this test. So we deserve a and say that if you are like me—a Saturday in April with our family in- we have a problem in this country; we weekend from now it will be April 15 have to increase revenues, but we also stead of sitting with a stack of receipts and all of us I hope are beginning to and the Tax Code. We want tax simplic- are overtaxed, so the best way to in- think about preparing our tax returns. crease revenues is to reduce the tax ity. We want tax relief. It is a headache, of course, and so we The President’s proposed budget, ac- rates. tend to procrastinate. We are taxed too cording to the Joint Committee on Now, today, the Democrats do not high, I am sure. And I am sure also Taxation, the President’s fiscal year think that way. The liberals in Con- that people out there look at Washing- 1998 budget contains a net tax increase gress think that it is a static situation, ton and wonder if all that talk about of $23 billion over 10 years. That is not and that if you raise taxes nothing else tax relief is just talk. tax relief. That is more burden. That is happens. We are here to say that it is not. Tax not what we need in the future. The That, of course, is not true. I remind relief for families in America, for small President needs to come to the snub- my colleagues that in 1980, the total business, is alive and well and one of bing post and join with us on taxes and amount of money used to run Govern- the good ideas that is coming out of reform in balancing the budget. We can ment was $570 billion, the total revenue Washington, I hope soon. By next year, do that, and our opportunity is now. that came in in 1980. In 1990, the total it is our hope that as we begin to think Mr. President, I yield the floor. revenue that came in to run Govern- about compiling tax returns we will Mr. DORGAN addressed the Chair. ment was $1 trillion 30 billion. That is have accomplished what Americans de- The PRESIDING OFFICER. The Sen- almost exactly double what it was in serve and expect from Washington as a ator from North Dakota. 1980. matter of fact—reforms that let fami- Mr. DORGAN. Mr. President, I would Well, what happened during that dec- lies keep more of their money. Repub- like to yield myself time that is allo- ade? During that decade, we had the licans want to lower the tax burden cated to the minority leader. largest tax reductions we have ever had and provide some common sense to the The PRESIDING OFFICER. The Sen- in this country’s history. So the same tax system. ator is recognized for 15 minutes. S2808 CONGRESSIONAL RECORD — SENATE April 8, 1997 DISASTER IN THE DAKOTAS kota traffic was stopped in virtually as well. This week the Senate comes Mr. DORGAN. Mr. President, I came every direction on every road. It was a back from a 2-week break and turns to to the floor to visit about a very im- very difficult time and remains a very the question of nuclear waste. That is portant issue, the issue of the chemical difficult time with thousands of North an important issue and one I hope this weapons treaty and the requirement Dakotans still without electricity after Congress and the President will address the Senate vote on that treaty. But be- many days. This is a crisis which will seriously and solve. But there is an- fore I do that, I want to tell my col- continue to exist because of the flood- other issue that is very important that leagues of a circumstance that exists ing which has not yet crested in many has a deadline that we must address, in our part of the country that they parts, especially of the Red River. and that is the issue of the chemical have no doubt seen and heard on the I thank President Clinton; I thank weapons treaty. television and radio and that is the James Lee Witt, the head of FEMA; I We now have a circumstance in worst blizzard we have seen in some 50 thank our colleagues, Republicans and which this country, with 160 other years in North Dakota on top of a Democrats, who join together in times countries, has signed a convention in flooding condition that was already ex- like this to extend a helping hand to which a chemical weapons treaty to isting that looks to be a 100-year flood. people who need help and who are the Geneva Disarmament Conference in Last evening, I and my colleagues fighting their way through a crisis that 1994 was negotiated and completed. It from North and South Dakota went to is very difficult to deal with. was initiated by President Bush, sup- see President Clinton in the White f ported by President Reagan, it was House along with the head of the Fed- continued under President Clinton and THE BUDGET eral Emergency Management Agency submitted to the U.S. Senate for ratifi- to discuss the emergency that exists in Mr. DORGAN. Mr. President, I would cation. our part of the country. like to mention two additional items The chemical weapons treaty will re- The President has made a disaster very quickly. One is an issue that has strain the proliferation and will reduce declaration. He has signed it. There is just been discussed at some length on the threat of the use of chemical weap- now a team of people from FEMA in the floor about a budget and tax relief. ons in our lifetime. It is the first ever the Dakotas beginning to work, begin- My hope is that we will find a way to treaty to try to ban an entire class of ning to marshal equipment from have a bipartisan compromise on a weapons of mass destruction. Never around the country—generators, snow budget. The law requires that by April again should men and women in our removal equipment, and a whole range 15 a budget be enacted by this Con- lifetime face a weapon of mass destruc- of things that will be necessary to deal gress. It is clear now that the Congress tion called a chemical weapon or poi- with this crisis. will miss that date. But the date is less son gas. We have a treaty that has now I want to tell my colleagues of the important than the result. The result been signed by 70 nations, more than kind of crisis that exists. Again, we ought to be a budget that achieves bal- the 65 that is needed to ratify the trea- had a blizzard that in many parts of ance so we are not spending our chil- ty, so it will go into effect on April 29 North Dakota gave us 15, 18, and 20 dren’s money, often on things we do of this year. This country has not yet inches of snowfall on top of a cir- not need. ratified it. Our key allies, Australia, cumstance that already existed that We ought to decide that there is as Britain, Canada, France, Germany, would have provided us and will pro- much energy in this Chamber to bal- Italy, and others, have already ratified vide us with a flood that is a 100-year ance the budget as there was to change this treaty, and we need to do so and event. So this is an enormously dif- the Constitution of the United States. we need to do so by April 29. ficult time for North Dakotans. We I said during the debate on the con- There are opponents of this who say, have had the spectacle of people actu- stitutional provision that was offered ‘‘No, this is not a perfect treaty.’’ And ally sandbagging in the middle of a here that you could change the Con- it is not. Opponents say, ‘‘If we adopt blizzard, which is a very unusual event. stitution now, and 2 minutes from now this treaty, Saddam Hussein is not Normally you fight a flood or normally you would not have altered the deficit going to adopt the treaty, so what are you fight to survive a blizzard, but we by one penny. What will alter the budg- we doing here?’’ Because some will have had the confluence of two events et deficit and eventually eliminate the commit murder, do we not want to that is enormously difficult. We have budget deficit will be individual spend- make murder a crime in America? We substantial livestock death. We have ing and taxing decisions inside the understand there are some who may reports of people missing entire live- budget by Members of the U.S. Senate not want to abide by this treaty. This stock herds. The stories of people help- and U.S. House. I think it is past the country has already made a decision, ing one another in coping this past time in which the President and Mem- in the mid-1980’s, that we are going to weekend are compelling and gripping, bers of Congress, Republicans and destroy our stockpile of chemical of courage, neighbor helping neighbor. Democrats, join together to say here is weapons. We have already made that It is a very tough time in the Dakotas. where we ought to head and here is the decision. We made a decision under My colleagues and I will likely be road map by which we get there, to es- President Bush and continued it under going back out—we just came back— tablish balance. President Clinton to negotiate a chem- with the senior team which the Presi- I have cast hard votes and tough ical weapons treaty. That treaty was dent will send. He intends James Lee votes. In 1993 I cast an awfully tough negotiated. Seventy nations have now Witt and I believe at least one other vote. We have reduced the budget defi- ratified it, and we have not yet done Cabinet Secretary and some others as cit by 60 percent in the last 4 years. If so, and we should. Ratifying it will part of a senior team from the adminis- we continue down that road, we can strengthen this country, not weaken tration to go out and to survey the eliminate the Federal budget deficit, this country. Those who allege that damage and to begin the active work of and we should. I am willing to cast ratifying the chemical weapons treaty supervising the people who are already more tough votes, and I hope very will somehow weaken this country’s on the ground. much we can decide this is not a par- hand, in my judgment, are wrong. I re- This is as tough a time as anything I tisan issue but rather a shared issue for spect their opinion, but they are have ever seen in the Dakotas. Most Republicans and Democrats who decide wrong. It is urgent and necessary that North Dakotans tell me it is the tough- that there is merit and virtue in bal- we, by April 29, ratify this treaty. We est winter they have ever seen. The ancing this Federal budget and not are able, with our allies, to provide blizzard this weekend, as I indicated, is charging what we are now spending to leadership to destroy an entire class of the toughest we have had in 50 years in our kids and grandkids. weapons of mass destruction in our so- North Dakota, and it came on top of f ciety. If we do not take this oppor- five or six successive blizzards in North tunity to do it, we will have made a Dakota that essentially shut down our CHEMICAL WEAPONS TREATY very grave mistake. State on five or six occasions pre- Mr. DORGAN. Mr. President, I came I was not here when we were testing viously. As of Saturday evening, this to the floor to speak about another nuclear weapons in massive quantity, past Saturday evening, in North Da- issue that is very important this week but I know when it was proposed that April 8, 1997 CONGRESSIONAL RECORD — SENATE S2809 we cease testing nuclear weapons and with each other. Debate ought to be to ever, I seem to disagree with him more have a test ban on nuclear weapons, evaluate what are the merits of a posi- than agree with him. Let me just cover there were some who stood up and said tion, what are the facts, and what con- a couple of things that he said that I we cannot do that because it will weak- clusions can one develop from those feel quite strongly—I am sure he be- en our country. Yet we had a ban on facts. lieves them, but they are certainly not testing nuclear weapons, and it was the My position is to say I think we true. right thing to do. History tells us it ought to do this. It is an easier posi- First of all, as far as the deadline is was the right thing to do. tion, I must say, to oppose it. It is an concerned, it seems like every time This is the right thing to do as well. easier position. That is not to say op- you want to get something done you It is very important that we under- posing it is necessarily wrong, and impose a deadline and say we have to stand this must be part of the Senate’s there are cases where the opposition do it by—in this case, the 29th of April. business this month. If we do not take might be the right position on some is- There is no deadline on this. Once this the opportunity to provide leadership sues. But Mark Twain once said, when thing goes, the vote takes place, we in banning the use of chemical weap- he was asked to debate, ‘‘Of course, but can become a part of it if we want to ons, a weapon of mass destruction in I need to take the opposing side.’’ They wait until June or July or August. our society, if we do not take the op- said, ‘‘But we have not even told you There is no deadline. I am reminded a little bit of the portunity to establish that leadership, what the topic is.’’ He said, ‘‘That deadline they had when we had, I be- we will have made a very grave error. doesn’t mean anything to me. That lieve it was, the GATT Treaty. We had This is not a case of one side of a de- doesn’t matter. I only need to take the a special session of the U.S. Senate bate being soft headed and fuzzy and opposing side because that doesn’t re- that was held in November, before the the other side being the real prodefense quire any preparation.’’ new Senate came in—this was in 1994— folks. The people who support this— The point he was making is it is al- that would allow those individuals who former National Security Adviser ways easier to take the opposing side. were defeated or who retired to vote on Brent Scowcroft, former Secretaries of I say to my friend from Oklahoma, something and not the new person who State James Baker, Larry Eagleburger, that doesn’t mean the opposing side in former Arms Control and Disarmament was elected. My daddy taught me a every debate is wrong. But in this case, long time ago if the train is coming Agency head Ron Lehman—all urge the the need to ratify the chemical weap- Senate to ratify the chemical weapons fast, slow it down. That is what we ons treaty, the affirmative side is the need to do with the Chemical Weapons treaty, none of whom can be alleged to right side for this country. It is urgent have been soft on defense issues. These Convention. We had a debate on this and has a time deadline, and we ought last fall. I think the debate was a very are people very prodefense, people who to do it. I hope this afternoon, perhaps, are very concerned about making cer- fruitful one, and a lot of things came we can have some thoughtful discus- out. So let us not talk about a deadline tain that we do not lose advantage, sion about what are the merits of this, that we are a strong country, that we of the 29th. I look forward to debating why do we have such a large group of this and discussing this with the Sen- can defend ourselves. But these are Republicans and Democrats from the ator from North Dakota this afternoon. people who also believe, as did Presi- Bush administration and the Clinton The next thing that he said that I dent Bush, that this treaty makes administration and many others who take issue with is the idea that it is sense for our country, to provide lead- believe this is a priority for this coun- easier to oppose than to support the ership on the abolition of chemical try and believe it is something that Chemical Weapons Convention. He is weapons. Leadership on the abolition this country ought to take a lead on. saying it is easier. Maybe it was easier of poison gas as a weapon in war makes My hope is that at end of the day for Mark Twain. This is not easier, be- great sense for our country and great today, or this week, we will have an cause I will tell you I have been very sense for humanity. agreement by which we can at least outspoken in opposition to this Chemi- The reason I raise the question today bring this to the floor, even though cal Weapons Convention, and all I hear is this. We have a limited time, and a some might want to vote against it. I from people is, ‘‘You mean you are for deadline of April 29, to ratify this trea- think those who want to do that should chemical weapons?’’ That is not the ty in order for us to be part of the re- give us the opportunity to have a de- issue at all. It is a lot easier to dema- gime that begins to develop the meth- bate and a vote on the chemical weap- gog this thing and say, ‘‘Let’s sign this ods by which this treaty is enforced. ons treaty. We very much owe that to and do away with chemical weapons.’’ Yet, we have no agreement even to this country. If and when we get to the We are not going to do away with bring the treaty to the floor of the Sen- decision to give us a debate and a vote chemical weapons, and we all know ate for a vote or discussion. Some of us on the chemical weapons treaty, I will that. believe very strongly that, with the ex- be happy with that. We have to make As far as this is not a matter, as he ception of the emergency supplemental our best case and we have to make an stated, between the fuzzies and those in appropriations bill, for example, or affirmative case for this treaty. We favor of a strong national defense, let with the exception, perhaps, of a budg- have that responsibility. But we can- us wait until the vote takes place and et bill to balance the Federal budget— not do that if we are prevented from make that determination. I will wager which we should do—with the excep- seeing it brought to the floor of the that when the vote takes place, we will tion of those things we ought to make Senate for a debate and a vote. find out that those individuals with the sure this is first in line. Until we have Mr. President, with that I yield the highest American security ratings assurance this is first in line, we ought floor. would be the ones who will oppose the not be doing other business. This ought Does the Senator from Oklahoma in- Chemical Weapons Convention. That is to be brought to the floor of the Sen- tend to speak? a very easy thing to do. Just take the ate, and we ought to have agreement to Mr. INHOFE. Yes. ratings and look and see how the vote do that soon. The PRESIDING OFFICER. The Sen- comes out. Those individuals who con- I hope we will have an aggressive and ator from Oklahoma. sistently vote against such things as significant discussion about this trea- Mr. INHOFE. Mr. President, I ask the National Missile Defense System, ty. My understanding is the distin- unanimous consent that I may speak Theater Missile Defense System, vote guished Senator from Oklahoma may as in morning business. for all of these disarmaments. A lot of intend to speak some about this treaty The PRESIDING OFFICER. Without the motive there is to put that money and some of his concerns about it. But objection, it is so ordered. into social programs. I think we all my hope is, perhaps this afternoon—I f know that. intend to come back to the floor—some Let me just cover a couple of things of us can have a discussion back and CHEMICAL WEAPONS CONVENTION in this brief period of time. First of all, forth. I have great respect for people Mr. INHOFE. Mr. President, I have this is not global. The Senator from who take an opposite view on this and the utmost respect for my distin- North Dakota talked about Spain and on other issues. We do not have to call guished colleague from North Dakota, about France and about all these coun- each other names because we disagree Senator DORGAN. I have to admit, how- tries. We don’t have a problem with S2810 CONGRESSIONAL RECORD — SENATE April 8, 1997 these countries. Let us look and see hear we are going to all destroy our under Article X [they] would be allow[ed] who is not a part of this. Iraq is not a chemical weapons. We have not stopped . . . Do you disagree? part of this. to realize what we are giving up in Then he said: North Korea is not a part of this. order to have this utopia that we seem I’m not familiar with all the details . . .. Libya is not a part of this. Syria is not to think is going to appear. One is, we One of the problems we have is, so a part of this. If you ask any ‘‘in’’ per- have to open up and allow countries, many people who are supporting the son, in a logical manner, ‘‘Who do you like Iran, to inspect our chemical com- ratification of this Chemical Weapons think would be the greatest threat to panies and our fertilizer companies and Convention have not read all the de- the United States,’’ and you name the our cosmetic companies to see if there tails, have not read what we are giving top 15, those countries would be there. is anything in there that they are up, I say to the distinguished Senator It is not global. Those countries that using and they would be able to get a from North Dakota, and we are giving involve themselves in terrorist activi- lot of technology from this. This is up many things that would normally ties are countries that are not a part of something with which we have to be be considered private. this. Of course, I think we all under- concerned. Lastly, I will say, in conclusion, that stand it does not cover terrorist activi- Then we have more regulations on there are a lot of people who are op- ties anyway. American business. This is something posed to this. They are very prominent Let’s look at the countries that are a that we deal with. I have often said in the defense community. Certainly, part. Iran is now a signatory here, and there are three reasons we are not four of our past Secretaries of Defense yet Iran, if anyone here believes that globally competitive in this country. are opposed to the ratification of the they will keep their word in destroying One is we are overtaxed; the other is Chemical Weapons Convention. Rums- all of their chemical arsenal, then I our tort laws; and the other is we are feld, Schlesinger, who, incidentally was have a bridge I would like to sell them, in a Democrat administration, Wein- because that is not going to happen. overregulated. How can we compete with other countries when we are over- berger, and Dick Cheney have all taken We know it is not verifiable, and there positions and said this is not in the is no better evidence of that than after regulated? This is one more regulation, one more set of forms that all these best interest of the United States. the Persian Gulf war when the United So, I hope we will have a lengthy de- Nations was given incredible power to companies—cosmetic companies and others—will have to fill out. bate on this, and I am hoping, quite go out and examine and inspect and try frankly, that we are not going to be to determine whether or not Iraq, who Then, of course, we have the thing that is talked about quite often, and able to bring this up until we have had we had just defeated, had chemical a chance for a thorough debate. weapons, then we find out through our that is, this is going to make us much more comfortable in terms of our de- Mr. President, I ask unanimous con- intelligence community, that even sent that the testimony from the Sen- with those very stringent inspection fense against any type of chemical weapons. ate Armed Services Committee hearing abilities that the United Nations had, of February 27, 1997, be printed in the that Iraq, still, was developing various I have an editorial, that I will be ask- ing in a minute to be printed in the RECORD, and immediately following weapons of mass destruction, including that, the Wall Street Journal editorial RECORD at the conclusion of my re- chemical weapons. dated February 19, 1997, be printed in I think it is important to show that marks, from the Wall Street Journal. I hope my friend from North Dakota, the the RECORD, in that order. it is not effective, that it will not ban- There being no objection, the mate- distinguished Senator who spoke before ish poison gas or shield our soldiers, as rial was ordered to be printed in the me, will listen to this. I will read the Clinton claims. Jane’s Defense Weekly RECORD, as follows: came out last week and reported that last couple of sentences in this edi- torial from the Wall Street Journal, EXCERPT FROM THE SENATE ARMED SERVICES Russia has developed three new nerve COMMITTEE HEARING, FEBRUARY 27, 1997 which is dated February 19, 1997: agents without using any of the precur- Senator INHOFE. If the Chemical Weapons sor chemicals banned by the Chemical The biggest danger of ratification is that it Convention were in effect, would we still Weapons Convention. What does that would similarly lull the U.S. and other re- face a danger of chemical attack from such mean, Mr. President? It means that sponsible nations into the false belief that places as Iraq [which has not signed the they are already out there trying to they are taking effective action against the CWC]—or Iran [which] actually signed onto threat of chemical weapons. The case for this it? figure out and trying to develop chemi- treaty strains belief too far. cal weapons that can be used that are General SCHWARZKOPF. Senator, I think that the answer is probably yes. But, I think not using the precursor chemicals that Lastly, let me suggest that a lot of the people, who are very fine people, the chances of that happening could be di- would be banned. In other words, let’s minished by the treaty only because it would assume everybody is honest and every- who have signed on and said, ‘‘Yes, we want the United States to be a part of then be these people clearly standing up and body is complying, it is all verifiable, thumbing their noses at international law— and all the countries belong to it. the Chemical Weapons Convention,’’ and it would also help us build coalitions When it gets down to it, the bottom have not really taken the time to against them if that were to happen. line is, you can still come out with study and see what we are giving up. I Senator INHOFE. Aren’t they still thumbing chemicals that do not use these precur- will share with you just a couple of their noses right now in Iraq? General SCHWARZKOPF. There’s no question sor chemicals. So, it would not be ef- things that came from a meeting of February 27, 1997, when General about it, Senator—I mean the fact that they fective in that respect. used it in the first place against their own I think we should also look at the Schwarzkopf, who is supportive of rati- people but, I still feel—we have renounced constitutionality of this. I know a lot fication of the Chemical Weapons Con- the use of them and I am very uncomfortable of times things are passed around here vention, was before our Senate Armed placing ourselves in the company with Iraq over the fact that it is a violation of Services Committee, and I asked him a and Libya and countries such as North Korea the Constitution. I happen to be the few questions. that have refused to sign that Convention. chairman of the Clean Air and Private I asked him questions concerning The problem with those kinds of things is Property and Wetlands Subcommittee how it would affect terrorists. Of that verification is very difficult and en- course, he agreed it would not have any forcement is very difficult. ... of the Environment and Public Works Senator INHOFE. General Shali[kashvili] I Committee. It is almost a daily thing effect. think in August of 1994 said that ‘‘even one that the Government takes land away Then I said: ton of chemical agent may have a military from people without due compensation. Do you think it wise to share with coun- impact.’’ I would ask the question: Do you So we know that there are things hap- tries like Iran our most advanced chemical believe that an intrusive, on-site inspec- pening that violate constitutional defensive equipment and technologies? tion—as would be allowed by the Chemical rights. But in this case, it would per- General SCHWARZKOPF. Our defensive capa- Weapons convention—would be able to detect bilities? mit searches and seizures without war- a single ton or could tell us conclusively Senator INHOFE. Yes. that there isn’t a single ton? rants or probable cause. I think this is General SCHWARZKOPF. Absolutely not. General SCHWARZKOPF. No, no as I said ear- a very serious thing. Senator INHOFE. Well, I’m talking about lier, we can’t possibly know what’s happen- And as far as trade secrets, we would sharing our advanced chemical defensive ing on every single inch of every single terri- be giving up something here. We all equipment and technologies, which I believe tory out there where this would apply. April 8, 1997 CONGRESSIONAL RECORD — SENATE S2811 Senator INHOFE. And as far as terrorists The Administration, meanwhile, is mount- Mr. BINGAMAN addressed the Chair. are concerned, they would not be under this? ing a full-court press, with the President of- The PRESIDING OFFICER. The Sen- General SCHWARZKOPF. Of course not. fering a plea for ratification in his State of ator from New Mexico. Senator INHOFE. Like any treaty, we have the Union address ‘‘so that at last we can Mr. BINGAMAN. Mr. President, I ask to give some things up, and in this case, of begin to outlaw poison gas from the earth.’’ course we do and there are a couple of things This is an admirable sentiment—who isn’t unanimous consent that I be allowed to that I’d like to [explore]—the interpretation against marking the world safe from the hor- speak as in morning business for 10 from the White House changed—they said rors of poison gas?—but it’s far from the re- minutes. that if the Chemical Weapons Convention ality. In fact, ratification would more likely The PRESIDING OFFICER. Without were agreed to, that it would affect such bring the opposite results. objection, it is so ordered. things as riot control agents like tear gas in Article XI is one of the key danger areas. f search-and-rescue operations and cir- It would obligate U.S. companies to provide cumstances like we faced on Somalia—where fellow signatories with full access to their CHEMICAL WEAPONS CONVENTION they were using women and children at that latest chemical technologies, notwithstand- Mr. BINGAMAN. Mr. President, I time as shields. Do you agree that we should ing American trade or foreign policy. One be restricted from using such things as tear country delighted at the prospect of upgrad- want to add my voice to the statement gas? ing its chemical industry is China, which, that the Senator from North Dakota General SCHWARZKOPF. I don’t believe that upon signing the CWC, issued a declaration made a little earlier in the proceedings is the case but I will confess to you that I saying, ‘‘All export controls inconsistent about the importance of us getting on have not read every single detail of that Con- with the Convention should be abolished.’’ to a vote on the Chemical Weapons vention so, therefore, I really can’t give you No doubt Cuba and Iran, to name two other Convention. I believe very firmly that an expert opinion. I think you could get a signatories, share the same sentiment. That this is an issue which has been hanging better opinion here. Russian team that came up with A–232 no Secretary WHITE. I am going to hesitate to doubt could accomplish much more with the around the Senate for too long. We give a definitive answer because there has help of the most up-to-date technology from have had many—in fact, years of con- been, in the administration, a very precise the U.S. sideration. We have had, I believe, 14 and careful discussion about what exactly, Verification is an insurmountable problem, hearings now on the Chemical Weapons and in what situations, this would apply and and no one—not even the treaty’s most ar- Convention. when this wouldn’t apply. . .. dent supporters—will promise that the trea- The convention was supported, of Senator INHOFE. Do you think it wise to ty can be enforced. In the Administration’s course, by the previous administration. share with countries like Iran our most ad- obfuscating phrase, the CWC can be ‘‘effec- vanced chemical defensive equipment and tively verified.’’ Yet if chemical weapons are President Bush signed the agreement. technologies? easy to hide, as A–232 proves, they are also We need now in this administration, General SCHWARZKOPF. Our defensive capa- easy to make. The sarin used in the poison- the second Clinton administration, to bilities? gas attack on the Tokyo subway was created go ahead and ratify it. There is an im- Senator INHOFE. Yes. not in a fancy lab but in a small, ordinary portant date coming up which is the General SCHWARZKOPF. Absolutely not. room used by Aum Shinri Kyo’s amateur 29th of April, which is the date by Senator INHOFE. Well, I’m talking about chemists. The treaty provides for snap in- which we need to take action. Let me sharing our advanced chemical defensive spections of companies that make chemicals, equipment and technologies, which I believe not of religious cults that decide to cook up address that issue first, because I know under Article X [they] would be allow[ed] to some sarin in the back office. The CWC the Senator from Oklahoma did speak [get]. Do you disagree? wouldn’t make a whit of difference. to the fact that, in his opinion, April 29 General SCHWARZKOPF. As I said Senator, Those snap inspections, by the way, could was not a date of any consequence and I’m not familiar with all the details—I—you turn into a huge burden on American busi- it did not matter whether we did any- know, a country, particularly like Iran, I nesses, which would have to fork out mil- thing this month or not on the treaty. think we should share as little as possible lions of dollars in compliance costs (through This is sort of a recent argument that with them in the way of our military capa- the biggest companies no doubt would watch bilities. the heaviest burden fall on their smaller has been made and one I think needs to competitors). be responded to. [From the Wall Street Journal, Feb. 19, 1997] More than 65 countries have already rati- A failure to ratify by April 29 will A DANGEROUS TREATY fied the CWC, including most U.S. allies. But have significant adverse consequences Among the many good reasons why the somehow we don’t think the world is more for our security and for U.S. businesses Senate should not ratify the Chemical Weap- secure with Australia and Hungary commit- as well. Our ability to oversee the first ons Convetion is a substance known as A–232. ted to ridding the world of chemical weapons critical days and months of implemen- This highly lethal nerve agent was concocted when such real threats as Libya, Iraq, Syria tation of the treaty will be lost. We and North Korea won’t have anything to do by a Russian scientific team precisely for the now have Americans who are heading purpose of circumventing the terms of the with the CWC. How can a treaty that pro- CWC, which both the U.S. and Russia have fesses to address the problem of chemical up the various divisions that monitor signed but not yet ratified. A–232 would es- weapons be credible unless it addresses the the treaty’s budget and security meas- cape scrutiny under the treaty because it is threat from the very countries, such as Syria ures and industry inspections, and made from agricultural and industrial and Iraq, that have actually deployed these those individuals, those Americans who chemicals that aren’t deadly until they are weapons? now are involved in that will be re- mixed and therefore don’t appear on the With or without the CWC, the U.S. is al- placed by individuals from countries CWC’s schedule of banned chemicals. ready committed to destroying its chemical weapons by 2004. That doesn’t mean the rest that have ratified the treaty if we do The world has known about A–232 since the not take action by the 29th of April. May 1994 publication on this page of an arti- of the world shares any such commitment; cle by a Russian scientist, who warned how what possible peaceful purpose does Russia Moreover, Americans will not be able his colleagues were attempting to camou- have in the clandestine production of A–232? to be hired as inspectors with these flage their true mission. It is now the subject Instead of pushing a treaty that can’t ac- international teams if we do not ratify of a classified Pentagon paper, reported in complish its impossible goals, the Adminis- the treaty. Hundreds of millions of dol- the Washington Times earlier this month, on tration would be better advised to use its lars in sales of American chemical the eve of what is shaping up to be an esca- clout, rather than that of some planned U.N.- companies and many jobs in many of lation of the battle joined in September over style bureaucracy, in getting the Russians to stop making nerve gas. our States will be at risk as a result of ratification of the Chemical Weapons Con- mandatory trade restrictions which vention. It’s hard to find a wholehearted advocate The Administration was forced to sound of the treaty. The gist of the messages from were originally designed to pressure the retreat then, pulling the treaty from most of its so-called champions is that it’s a rogue states to join in the treaty. consideration when it became clear that the poor deal, but it’s the best on offer. But their Those will be applied to us, Mr. Presi- Senate was preparing to vote it down. Now cases have acknowledged so many caveats dent, if we do not go ahead and vote it’s trying again, this time in full cry about that it’s hard to see how they’ve reached and ratify this treaty. the urgency for U.S. ratification before April such optimistic conclusions. The biggest Failure to ratify, of course, relegates 29, the date it goes into effect. For now, Sen- danger of ratification is that it would simi- larly lull the U.S. and other responsible na- us to the so-called international pari- ator Jesse Helms has kept the treaty tied up ahs that we give a lot of speeches about in the Foreign Relations Committee, making tions into the false belief that they are tak- the sensible argument that the new Senate ing effective action against the threat of here on the Senate floor, countries like ought first to focus on matters of higher pri- chemical weapons. The case for this treaty Libya and North Korea. We would be ority then ramroding through a controver- strains belief too far. squandering U.S. international leader- sial treaty that merits careful deliberation. Mr. INHOFE. I yield the floor. ship in the fight against chemical S2812 CONGRESSIONAL RECORD — SENATE April 8, 1997 weapons and other weapons of mass de- appeal by the Organization. To meet its obli- ciency, competence and integrity.’’ If they struction. gations under Article X therefore, the U.S. violate their obligations to hold all informa- There have been many speeches given can choose from a variety of options and tion confidential they will be subject to se- on the floor and by our President about forms of assistance none of which require vere penalties, including the possible loss of how the United States, at this particu- sharing our most advanced chemical defense immunity from prosecution by the inspected or equipment. State Party. lar point in history, is the indispen- Senator Inhofe raised a particular concern The Confidentiality Annex to the Conven- sable Nation. We are the one remaining regarding Paragraph 3 of Article X. This tion provides further protection for confiden- superpower in the world, both mili- paragraph states that ‘‘Each Party under- tial information at facilities undergoing in- tarily and economically and, as such, takes to facilitate, and shall have the right spections. Paragraph 13, for example, speci- we have a particular responsibility to to participate in, the fullest possible ex- fies that ‘‘States Parties may take such lead. Our failure to take action on this change of equipment, material and scientific measures as they deem necessary to protect and technological information concerning treaty on the Senate floor is an abroga- confidentiality, provided they fulfill their the means of protection against chemical obligations to demonstrate compliance. . . .’’ tion or default of that responsibility weapons.’’ The inclusion of the words ‘‘facili- and one I think that I do not want to Paragraph 16 requires ‘‘due regard . . . to the tate’’ and ‘‘possible’’ underscores that no requirement of protecting confidential infor- be any party to. specific exchange is required and that any mation,’’ while paragraph 17 limits the infor- Another issue that has been raised, exchange which does occur is limited to that mation in the international inspectorate re- which I think needs to be addressed, is which we determine would be appropriate ports to ‘‘only . . . facts relevant to compli- this issue which involves the question and permitted under the Convention. ance.’’ A specific concern also was raised regard- of whether or not the Chemical Weap- With regard to the question of access, in ing whether paragraph 5 of Article X would neither routine inspections nor challenge in- ons Convention could be interpreted as require the release of advanced and classified spections does the Convention require any providing rogue states with the ability information about defensive capabilities and facility to allow inspectors unlimited access. to acquire advanced U.S. technologies technologies. Paragraph 5 requires the inter- For routine inspections, the United States if we enter into this treaty. The issue national Technical Secretariat that admin- has the right to negotiate a facility agree- isters the Convention to establish and main- was raised at the Armed Services Com- ment for each facility, which will define the tain ‘‘for the use of any requesting State mittee hearing that we had a couple of degree of access that inspectors would have, Party, a data bank containing freely avail- weeks ago. In fact, the Senator from including ‘‘specific and detailed arrange- able information concerning various means Oklahoma was there and requested ments with regard to the determination of of protection against chemical weapons as those areas of the facility to which inspec- that we get some kind of statement well as such information as may be provided tors are granted access’’ (Paragraph 16 of from our Department of Defense in by States Parties.’’ As stated in the Article- Confidentiality Annex). This facility agree- writing about their view of this. by-Article Analysis submitted to the Senate ment would provide the facility with the op- Mr. President, I ask unanimous con- on November 23, 1993, ‘‘freely available’’ portunity to protect sensitive information. sent that a letter dated April 2 to Sen- means ‘‘from open public sources.’’ Further, Moreover, since advance notice would be the CWC imposes no obligation on states par- ator ROBERT SMITH and signed by given for routine inspections, the facility ties to contribute to this database. Hence, Franklin Miller, who is the Acting As- would have ample time to prepare for the in- the provision will not require the release of sistant Secretary of Defense for Inter- spection. classified or otherwise sensitive information national Security Policy be printed in In the case of challenge inspections, the about U.S. chemical defenses. the RECORD. Article XI: Economic and Technological CWC also provides for ‘‘managed access’’ There being no objection, the letter Development. A second area of concern that will be conducted in accordance with was ordered to be printed in the raised in the hearing was whether Article XI constitutional obligations with regard to RECORD, as follows: of the CWC, which relates to cooperation in proprietary rights or searches and seizures. Moreover, the facility that is challenged will ASSISTANT SECRETARY OF DEFENSE, the field of chemical activities for purposes participate in the negotiations on the degree DEFENSE PENTAGON, not prohibited by the CWC, might force our Washington, DC, April 2, 1997. industry to share dual-use technologies and of permissible access. While the U.S. and the facility shall make every reasonable effort Hon. ROBERT C. SMITH, manufacturing secrets with other nations. Senate Dirken Office Building, Article XI does not require private busi- to provide the inspection team an alter- Washington, DC. nesses to release such proprietary or other- native means to satisfy the stated concerns DEAR SENATOR SMITH: During my 5 March wise confidential business information, nor about the facility’s compliance, the facility 1997 testimony before the Subcommittee on does it require the U.S. Government to force is not obligated to allow inspectors to have Strategic Forces of the Senate Armed Serv- private businesses to undertake such ac- unfettered access within the facility. ices Committee, several questions were tions. I hope this information clarifies the mat- raised regarding the impact of the Chemical Access to Information During Inspections. ters that were raised during the 5 March 1997 Weapons Convention on the ability of rogue A final area of concern raised during the hearing. As I stated in my opening remarks, nations to acquire advanced U.S. tech- hearing was whether the CWC might permit the Department of Defense firmly believes nologies and the impact of the Convention nations, such as Iran, to have access to some that the Chemical Weapons Convention is in on U.S. industry. I am pleased to provide the of our most critical technologies and manu- the national security interests of the United Administration’s official response on these facturing secrets during inspections. In this States. We strongly support its prompt rati- matters. context, a question was raised as to whether fication by the United States and approval of Article X: Assistance and Protection the CWC required modification to preclude its accompanying implementing legislation. Against Chemical Weapons. One concern ex- rogue nations from getting access to our If I may be of further assistance to you and pressed during the hearing was whether Arti- technologies during inspections. to the members of your Subcommittee, cle X of the CWC might force us to share The CWC will not provide nations, such as please do not hesitate to contact me. with nations like Iran our most advanced Iran, with access to our most critical tech- Sincerely, chemical defense technologies and equip- nologies and manufacturing secrets. The FRANKLIN C. MILLER (Acting). ment. I am pleased to reconfirm that Article CWC, which was written with the help of Mr. BINGAMAN. Mr. President, this X, which establishes procedures for State U.S. chemical industry representatives, al- letter goes into great detail about why Party requests and possible responses to re- ready contains important protections for in- quests for assistance against chemical weap- dustry, including provisions relating to rou- there is no provision in the treaty and ons, does not require the U.S. to share its ad- tine and challenge inspections that were de- there is nothing in the treaty that our vanced chemical weapons defenses and defen- signed to protect against the loss of con- Department of Defense would interpret sive technologies with countries such as fidential business information. as putting an obligation on us to pro- Iran. Assistance is defined in the treaty as The Convention stipulates that States Par- vide sensitive technologies to rogue including items ranging from protective ties have the right to prohibit inspectors of states: equipment to medical antidotes and treat- any nationality from conducting inspections Senator Inhofe raised a particular concern ments. within their territory or any other place States Parties obligations under Article X under their jurisdiction or control. Addition- regarding Paragraph 3 of Article X. This may be met in one of three ways—by con- ally, in the case of challenge inspections, the paragraph states that ‘‘Each Party under- tributing to the voluntary fund (managed by Convention stipulates that the inspected takes to facilitate, and shall have the right the Organization); by concluding agreements State Party has the right to reject inclusion to participate in, the fullest possible ex- with the Organization concerning the pro- on the inspection team of an observer from change of equipment, material and scientific curement, on demand, of specific types of as- the country requesting the challenge. The and technological information concerning sistance; or by declaring (within 180 days Convention stipulates that these teams are the means of protection against chemical after the CWC’s entry-into-force) the kind of composed of international civil servants weapons.’’ assistance it might provide in response to an ‘‘who meet the highest standards of effi- The letter goes on to say: April 8, 1997 CONGRESSIONAL RECORD — SENATE S2813 The inclusion of the words ‘‘facilitate’’ and groups, that try to violate this treaty. matter whether we sign up now or sign ‘‘possible’’ underscores that no specific ex- All I can say is, we need to redouble up in June or maybe July or maybe change is required and that any exchange our efforts to enforce the treaty once this fall some time, that is not accu- which does occur is limited to that which we we ratify it. We need to work with rate, Mr. President. It does matter. determine would be appropriate and per- mitted under the Convention. other countries to gain their assistance And we will be giving up a leadership in doing that enforcement. role that we should have on arms con- I think it is clear from this analysis Clearly, it is in the best interest of trol issues. We will be giving up a lead- that our own Department of Defense the people of this country that we take ership role we should have on the ban- feels very comfortable with the provi- every action we possibly can to reduce ning of chemical weapons. Clearly, I sions of this Chemical Weapons Con- the likelihood that chemical weapons think that is contrary to the best in- vention. The overriding context that will ever be used against Americans in terests of the people I represent and this convention is presented to us in future conflicts or in a nonconflict sit- contrary to the best interests of the has to be considered, Mr. President, uation. Perhaps the biggest threat that American people generally. whenever you are debating the chemi- we face is not in the use of chemical Mr. President, I urge the majority cal weapons treaty or the Chemical weapons in a conflict. The biggest leader and my colleagues on both sides Weapons Convention. threat may be the kind of an incident of the aisle to put aside other business, Sometime over a decade ago, the that occurred in Japan in a subway and bring this issue to the floor. Let us United States made a decision to ter- where a terrorist group decides that for vote on it. Let us have a debate. Any- minate the use of chemical weapons some perverted reason they are going one who wants to offer an amendment and, in fact, to destroy our stockpile of to engage in the use of chemical weap- should be able to do that. Anyone who chemical weapons. President Reagan ons. This treaty will help us to ferret wants to offer implementing legisla- signed the law to do just that. In ac- out those kinds of incidents, those tion should be able to do that. The Sen- cordance with that, President Bush kinds of risks and to deal with them ate should vote on it, and then get came along, after President Reagan, ahead of time. I think it is clearly in about other business. So I hope that is and went ahead and carried out that our best interest to do so. the course we follow. policy and entered into the Chemical Mr. President, let me just say that I Mr. President, I know there will be Weapons Convention on behalf of the have confidence that the Senate, if al- additional chances this afternoon and country and sent the treaty to the Sen- lowed to vote on this issue, will vote by later on to debate this issue in more ate for consideration. It has been lan- the necessary supermajority to go depth. I look forward to those. I believe guishing here ever since President ahead and pass the treaty and ratify very firmly that this is one of the most Bush sent it here for consideration. the treaty. What we are up against now important issues this Congress, this I think that we would have a very is an inability to get the treaty to the 105th Congress, will address. I hope different debate and you would have a floor for a vote. And that, I think, is a very much that we will clear the other very different lineup of people on dif- very sad procedural circumstance that procedural matters and the other sub- ferent sides of this issue—and, frankly, we have. We have a committee chair stantive matters that are on the agen- you would have many more people in who has announced that he may or da and get on to a vote on the Chemi- opposition to this treaty—if, in fact, may not allow this issue to be reported cal Weapons Convention. Mr. President, with that I yield the we had not made a decision and put in from the committee so that the full floor and suggest the absence of a our own law a provision to renounce Senate can express its will on the sub- the use of chemical weapons. But we quorum. ject. The PRESIDING OFFICER (Mr. did. We made that decision. President Mr. President, I hope very much that Reagan signed that law. ASHCROFT). The clerk will call the roll. my colleagues will join me in seeing to The assistant legislative clerk pro- And now for people to come to the it that we do get this issue to the floor, floor and say, no, no, we are going to ceeded to call the roll. and that we go ahead and vote on the Mr. WYDEN. Mr. President, I ask be putting ourselves at some kind of treaty. If a Senator wants to vote unanimous consent that the order for disadvantage if we enter into a treaty against the Chemical Weapons Conven- the quorum call be rescinded. with 161 other countries which would tion and go home and explain to his or The PRESIDING OFFICER. Without subject them to the same kind of pol- her constituents why they voted objection, it is so ordered. icy decision which we already made against the Chemical Weapons Conven- f some decade ago, just has no logic to tion, then fine. That is the way the sys- it. tem is supposed to work. MEDICARE REFORM Clearly, there are problems in verify- But for us to deny Members the right Mr. WYDEN. Mr. President, as I indi- ing this treaty. There are problems in to vote is really indefensible, in my cated yesterday, I intend to come to verifying any treaty. They are prob- view, on an issue of this importance. the Senate floor each day this week as ably complicated when it comes to This is tremendously important. I have part of an effort to build bipartisan verifying a treaty to ban chemical urged, as several Members know, the support in the Senate for Medicare re- weapons because it takes such a small Democratic leader, and indicated to form. It is very clear to me that there amount of technology and such a small the majority leader that I thought it is a rare window of opportunity now for amount of space to produce chemical was irresponsible for the Senate to con- the Senate to act on this issue, a win- weapons. But that does not mean that tinue doing business as usual while this dow, an opportunity I think would be a we should just give up on any and all issue continues to languish in commit- serious mistake to not exploit. efforts to verify and any and all efforts tee. We know that the Federal deficit is a to inspect. The deadline is approaching. This is bit lower than was anticipated this I think Madeleine Albright, our Sec- time sensitive. We need to go ahead year, in the vicinity of $108 billion. We retary of State, made the point very and get the issue to the floor and allow are seeing that there is a fairly benign well in a statement she made yesterday a good debate, allow amendments, and economic environment. Certainly, where she said, just because there may allow a vote on the Chemical Weapons there are still folks hurting in our be people—and there are people—who Convention. country, but, overall, the economy has will continue to murder and pillage and I think that needs to be our top pri- been positive. We know that we are a sell drugs, does not mean we should not ority this April. And we are still early few years away from what I believe is pass laws to prohibit that. We should enough in the month that we can bring sure to be a demographic earthquake, pass those laws. We should do our very this to the floor, debate it, vote on it, with many more older people in our best to enforce those laws and imple- and let the Senate do its will. The country, and older people who need and ment them. That is true with chemical American people have a right to expect deserve good quality health care. weapons as well. that from us. And clearly we need to go Yesterday, I tried to outline what I There may be people—and there un- ahead and follow that course of action. thought were the central principles of doubtedly will be—some rogue states I think for us to continue with dis- comprehensive Medicare reform. Begin- and some individual groups, terrorist cussions about: Well, it does not really ning today, Mr. President, I intend to S2814 CONGRESSIONAL RECORD — SENATE April 8, 1997 try to outline some of the specific as- ice offerings. Consumers are helped to making sure they have good quality pects of what Medicare reform ought to make appropriate, independent choices care. It can work for taxpayers in that consist of and how to get this program because the managers of the Federal it holds costs down, and it, for all prac- on track for the 21st century so that it employee plan pay attention to the de- tical purposes, is very similar to the operates in a fashion that is good for tails, including the way plans develop system that we have in my hometown both older people and for taxpayers. written explanations presenting what of Portland, OR. Right now, in much of the United individual policies will or will not do. In my hometown, Portland, we have States, the Medicare Program is a 30- So for Members of the U.S. Senate, it the highest percentage of older people year-old, ‘‘Tin Lizzy’’-style operation is possible to get understandable, co- in the Nation now participating in that rewards waste and penalizes fru- herent information about what is managed care. It is about 60 percent. gality. This is particularly unfortunate available for Senators and their fami- Certainly, while not perfect, it avoids since the end result is that in commu- lies. But if you are an older person who much of the set of problems that we nities like my own in Portland, OR, wants to compare and shop for health have seen in other parts of the country. that hold down costs, the end result for care, you have to try to figure out how You don’t see the gag clauses, for ex- all the heavy lifting is simply a small- to make sense of this incomprehensible ample, in our plan. And, hopefully, the er reimbursement check. I believe what picture that I just showed, dem- U.S. Senate will pass the legislation we have today under the Medicare Pro- onstrated by the General Accounting this session that Senators KYL, KEN- gram is a situation where because of Office. NEDY and myself have introduced to the reimbursement of formula, a sleep- In addition, in the Federal employee make sure that, as we go to the 21st inducing, eye-glazing concept known as health system, policies are inspected century, all patients understand their the average adjusted per capita cost, and reviewed on performance, and Fed- options and all of them know about the you have a situation where in much of eral employee plan participants are various services that are available. But the United States there are few, if any, then given what amounts to report we don’t have those gag clauses in choices for older people under Medicare card grades on many of the important Portland, and we do have high-quality because health plans are reluctant to care provisions so that average con- managed care, and we are able to do it come to those markets, or you have a sumers can sit down at their kitchen for substantially less than much of the situation where it is almost impossible table and make plan-against-plan com- rest of the Medicare system. The per for an older person to navigate the sys- parisons when they choose their cov- capita rate in my hometown, the per tem simply because they cannot obtain erage. person rate for Medicare participants, understandable, coherent information Again, the difference between what is is still $60 to $80 below the national av- about their Medicare choices. available to older people in many parts erage for Medicare. Mr. President, it would be impossible of the United States for Medicare and One of the things that I hope the for you to be able to see this chart, but what is available to those Federal em- Senate will do, on a bipartisan basis, is I intend in the days ahead to blow this ployees and Members of the U.S. Sen- lift these penalties against towns like up because it makes my point with re- ate is striking in its contrast. Members my home community that have done spect to how Medicare has made it dif- of the Senate and Federal employees the heavy lifting and have ended up ficult to have true competition like the are going to be in a position where being penalized for it. I think, on a bi- competition that exists in the private they can make plan-against-plan com- partisan basis, the U.S. Senate should sector for health care. This chart, parisons so as to inject some competi- make changes in Medicare to lift the which obviously is going to be difficult tion in the system. Again, the General reimbursement for low-cost counties, for you, Mr. President, and those who Accounting Office tells us that no such particularly in rural communities, and may be watching to see, involves a wall features exist in much of Medicare. by doing so, benefit both seniors and that has been set up in Los Angeles Finally, the Federal employee bene- taxpayers. Seniors will benefit from with all of the information that an fits managers look for high-quality having the opportunity to get good- older person has to go through in Los service at competitive rates for em- quality health plans in their areas, and Angeles to make choices about choos- ployees. They work on a competitive it will also bring real choice and real ing a health plan. It clearly illustrates, basis to upgrade the quality and prices competition for the first time to those in my view, what we have seen with for the plan, while keeping premium areas. The fact of the matter is, many the Medicare Program over the last few rates at the lowest possible level. At of those communities haven’t been able years. the same time, these managers work to to unleash entrepreneurial and com- Because the reimbursement formula diminish risk selection by the plans, so petitive forces into their health sys- encourages waste and penalizes frugal- that the older individuals who are part tems such as we have in the private ity, we will have, in many areas, few of the Federal employee plan, or per- sector, because Medicare isn’t paying choices for Medicare, discouraging sons with disabilities or chronic condi- those low-cost communities a fair rate. competition, or, as I have shown tions, will not be eliminated from cov- I have made changes in that discrimi- through this chart and picture devel- erage when they want to enroll. natory reimbursement proposal in my oped by the General Accounting Office, Again, we see an effort to deal with Medicare reform plan, and I hope the you will have just a blizzard of infor- the central questions that face health U.S. Senate will accept that in this ses- mation that older people find it very care reform in America, making sure sion. difficult to navigate and make sense that people are in a position to com- I was pleased to see that, in the last out of, thereby making it hard for pare their plans so that there is real week or so, the head of the Health Care them to have real choice in their competition, and to make sure that no- Financing Administration, Dr. health system. body is left behind just because they Vladeck, has indicated that there is a The irony, of course, is that every are older or they suffer from a chronic significant backlog of needed changes Member of the U.S. Senate knows what condition. required to bring Medicare up to date. a competitive health system could look So, in addition to these very positive I hope that we will see more discussion like, and a competitive health system features, in recent years, average Fed- of that in the days ahead. I felt that it that avoids the kind of problems I have eral employee health plan premium in- was positive news to see those com- just demonstrated with this chart from creases have stayed below 3 percent per ments from the head of the Health Care the General Accounting Office. Mr. year per enrollee, while the Medicare Financing Administration. President, 21st century Medicare could Program has seen average annual in- Mr. President, finally, let me say really be modeled around the very pro- creases of almost 9 percent during the that I think, in addition to promoting gram that Members of the U.S. Senate same period. competition, using the model of the participate in, known as the Federal So, Mr. President, what we are seeing Federal employee health plan, it’s time employee health benefits plan. The is that well-structured competition, for Medicare to look to the Federal em- Federal employee health benefits plan like in the system that Members of the ployee health plan and the private sec- offers enrollees a portfolio of plans, Senate belong to, can work. It can tor for ways to improve quality in our each one with somewhat different serv- work for patients and consumers in health system. Again, there is nothing April 8, 1997 CONGRESSIONAL RECORD — SENATE S2815 partisan about the agenda to improve Not via an independent commission. folio of plans, each one with somewhat health care quality, but this is an area Not in the next Congress. But now, and different services offerings. Consumers where Medicare has also lagged, both by us, the Members of the 105th Con- are helped to make appropriate, inde- in relation to Federal employees and gress. pendent choices because the managers the private sector. In other parts of our I think we have an historic oppor- of FEHBP pay attention to the details, health system, it’s possible, for exam- tunity to transform Medicare from a including the way plans develop writ- ple, to get good statistics on 30-year-old, tin-Lizzie style social wel- ten explanations presenting what indi- disenrollment, people leaving because fare program into a 21st century, com- vidual policies will or won’t do. they are not satisfied with the plan. It prehensive seniors health care system Further, those policies are then in- is possible to get information about that is humane, cost-efficient and sus- spected and reviewed on performance, providers who leave a system because tainable. and FEHBP beneficiaries are then they, too, feel it doesn’t adequately ad- The reformed Medicare Program I en- given what amounts to report card dress the needs of patients in providing vision, and which I think is within our grades on many of the important care good-quality health care. grasp, is a health plan that is about provisions so that average consumers In other parts of the health system, choice, quality and access, and also can sit down at their kitchen tables there are grievance procedures, and we about the efficiencies that characterize and make plan-against-plan compari- know, for example, how long it takes much of the Nation’s private health sons when they choose their coverage. people to get through a grievance pro- care marketplace. Finally, FEHBP smart-shopper man- cedure, or how long it takes to get a re- But changing Medicare will require agers negotiate high-quality service at ferral, or what happens when you are tough decisions, tough votes and, as in competitive rates for enrollees. These denied benefits. In each of these areas turning a battleship in mid-ocean, a government managers work with their so central to providing quality health good deal of time and patience on the plans on a continuous basis to upgrade care in America, Medicare is lagging part of beneficiaries and health care the quality and range of services of- behind the Federal employee health providers. fered by the plans while keeping pre- system, and Medicare is lagging behind We must start by making the right mium rates at lowest possible levels. much of the private sector. In my legis- moves, the right changes, today, before At the same time, these managers lation, we would change that. We some 75 million baby boom generation work to diminish risk selection by the would require that these critical meas- retirees begin swamping the Medicare plans, so that older FEHBP members, ures of quality be made available Program in 2013. or persons with disabilities or chronic through report cards and other meas- In my private conversations with col- conditions aren’t eliminated from cov- ures. I emphasize that today, Mr. leagues, I’ve been arguing that this is erage when they want to enroll. President, because I think that, as we the classic pay-me-now, or pay-me- In recent years, average FEHBP plan look to the 21st century of Medicare, later situation. Structural changes en- premium increases have stayed below 3 we have an opportunity over the next acted in the next year or two will not percent per year, per enrollee, while few years to redesign the system and be easy. But in the face of what Con- the Medicare Program has ballooned to try to get it on track for the next cen- gress would have to overcome begin- average annual increases of almost 9 tury when we will have many more ning early in the next century, these percent during the same period. older people depending on Medicare. changes will seem like child’s play. Oregon’s ground-breaking Medicaid So the alternative is very clear: A bi- plan also helps mark our way toward partisan effort to bring competition Medicare’s problems are a snowball rolling down hill, picking up speed and an improved national Medicare system. and choice and a new focus on quality In Oregon, we’ve expanded the tradi- mass on almost a daily basis. Now is in the Medicare Program, or to con- tional Medicaid Program to cover not the time to slow-down that snowball, if tinue business as usual and face what only the federally qualified partici- not stop it because in a few more years the General Accounting Office has told pants but also tens of thousands of the program will be crushed by its us will be a program that has simply working poor Oregonians who can’t af- weight. run out of money when we hit the next ford private insurance, but whose in- Each year without structural reform century. I believe that, after years of comes would disqualify them for tradi- makes the task that much harder, and bickering and partisanship on this tional Medicaid. the risk to balanced Federal budgets issue, there is an opportunity now to The result has been a tremendous re- that much more significant. address Medicare reform in a biparti- duction across the State in unreim- And assigning the task to a biparti- san way. Democrats have been right in bursed hospital charity care, more pre- san commission without first doing our the Senate to call on making sure that ventative medicine for youngsters and best to solve Medicare’s problems is a benefits are defined, that older people young mothers, and a per capita Medic- retreat not just from our responsibil- have guaranteed, secure benefits. Re- aid cost rate that is 10 percent below ity, but from opportunity as well. I publicans have been correct, in my the national average. view, in calling for more competition think there’s a fervent desire among More care. and more choice in the system. Today, my colleagues to try to fix Medicare in Less cost. I have tried to talk about how that the current Congress. Efficient, preventative services that competition and choice exists in the I think we gain little by assigning keep children and adults out of the program that Members of the Senate that job in the first instance to a bi- hospital. belong to and is also available in much partisan committee, only to have to Managed care has played a dominant of the private sector. try to make tough votes on their rec- role in this success story, as it has in Mr. President, this issue is so impor- ommendations in 1998, an election year Oregon’s Medicare experience. tant that in the next century I believe for those who need to be reminded. Oregon’s Medicare-qualified seniors that the public is going to ask every The path to reform is not easy. For- have the highest penetration rate in Member of the U.S. Senate, ‘‘What tunately, however, there are sign posts the Nation in coordinated care. In were you doing to try to get Medicare and trail markers along the way, offer- Portland, nearly 60 percent of the Med- on track?’’ This program isn’t just an ing meaningful models for changes and icare beneficiaries are in managed important part of the Federal budget. reform. care. It is going to be the Federal budget for I think we see these possibilities for And in this, the State’s highest reim- the next 15 or 20 years. So now is the a 21st century Medicare program in bursed city for Medicare beneficiaries, time to act to get the program on systems as diverse as the Federal Em- the per capita rate is still 60 to 80 dol- track. I believe that this can be done in ployee Health Benefits Program, which lars below the national average for a bipartisan way. serves many Members of this body, to Medicare. Mr. WYDEN. Mr. President, as I have the Medicaid Program which now oper- I suggest that we may be doing some said, I intend to come to the Senate ates in my home state of Oregon under things right, out West and in the floor each day this week part of an ef- a special Federal waiver. FEHBP program. And sad to say, these fort to help build bipartisan support in The Federal Employees Health Bene- good things we see happening in Medic- this body for Medicare reform. fits Program offers its enrollees a port- aid and Medicare are almost in spite of S2816 CONGRESSIONAL RECORD — SENATE April 8, 1997 a Federal regulatory structure that cost-effective health care they need, pects of care in each of these important hamstrings Medicare and Medicaid in and to demand that physicians, hos- areas. terms of increasing both efficiency and pitals and other providers limit prac- In my bill, S. 386, the Medicare Mod- quality, and expanding enrollment to tice to cost-effective medicine. ernization and Patient Protection Act, the uninsured and under-insured. This can be done while preserving the prospective payment provisions for This is a problem that is recognized Medicare guarantee of a basic, good home health and skilled nursing facili- even within the bowels of the Medicare quality package of health services to ties would, together, save approxi- management structure. every eligible senior, no matter what mately $20 billion over 5 years, accord- Mr. President, I was heartened to see their health status or income level. ing to the Congressional Budget Office. the comments of my good friend Dr. Here are components of a new Medi- Eventually, but quickly, I think we Bruce Vladeck in the trade press last care system that provides both choice ought to impose these kinds of finan- week. Specifically, Bruce acknowl- and quality, with cost efficiency: cial management tools on other as- edged that there is a tremendous back- First, radically reform the formula pects of fee-for-service Medicare. log of needed statutory changes re- by which we determine how Medicare I see no reason why, as a matter of quired to bring Medicare up-to-date. managed care programs are paid so global budgeting, that practitioners in Gail Wilensky of Project Hope, puts that reimbursements are geared to the this field ought not be held to the same it even more succinctly: actual costs of managed care among el- kind of case management that HMO’s In sum, the present structure of Medicare derly populations in a particular coun- require as part of their plans. hardly makes it surprising that it is facing ty, or region, rather than the local cost One method might be to require all financial problems. The elderly have limited of fee-for-service medicine. Medicare fee-for-service practitioners options in the health care plans available to At the same time, scale-back pay- to join a Medicare-sponsored provider them. Medicare pays most of the costs for ment increases in our high-reimburse- network, which has at its core a case services it covers and almost all of the elder- ment counties, and accelerate pay- management system that ensures all ly have coverage that is supplemental to participating beneficiaries get the care Medicare, either privately purchased ments in the low-reimbursement coun- ties where, because payments have and quality they need, but that practi- Medigap or Medicaid. tioners and other providers don’t over- That means there is little reason for an el- been too thin, beneficiaries have only fee-for-service Medicare to choose bill or overprescribe. derly person to seek out cost-effective physi- This kind of PPO management would cians or hospitals, or to use lower cost dura- from. bring case gate-keeping into fee-for- ble medical equipment, laboratories or out- In other words, give millions of service Medicare, ultimately producing patient hospitals. disenfranchised Medicare beneficiaries reasonable price and cost controls in Dr. Wilensky goes on to say that a real choice. there is little reason for practitioners the system. Second, require Medicare managers Fourth, require competitive bidding to provide cost effective care ‘‘if there organize open bidding between plans in for durable medical equipment pur- is any medical gain to be had from pro- high-pay counties where profit margins chases and eliminate what Dr. Vladeck viding services and some reason to fear are exorbitantly high. has termed the ‘‘current silly inherent legal repercussions if they do less than Make the plans that are currently, reasonableness’’ process. they might have done and the patient hugely over-paid bid against one an- I know many of my colleagues may has an adverse outcome.’’: other, on price, for Medicare bene- not have looked hard at this bit of And because payments to capitated ficiaries in those counties. Medicare arcana. But let me say that plans now follow payments for local I believe such competitions should this is all about getting medical equip- fee-for-service Medicare, Medicare take place in every county where the ment paid for by the program at the HMO’s in many high-cost counties are average adjusted per capita cost—the lowest possible cost as determined by extravagantly over-paid, while in low- AAPCC—is 120 percent of the national the market. pay counties plans and HMO enroll- average. At the same time, we need to know ment languish because of under-reim- In sum, make adjustments in the more about what procedures and serv- bursement. HMO payment formula that decrease ices work, and which don’t, so that we We throw money at fat health plans reimbursements in counties that we can save money for the program and in big counties, while we starve the know are substantially over-com- ensure that beneficiaries are getting system of both choice and access—and pensated; increase payments in coun- optimum care. I would argue quite probably quality as ties that are so under-compensated as The Health Care Financing Adminis- well—in counties where the payments to discourage HMO entry and competi- tration must be required to collect, are below the national average. tion; and resist proposals to reduce all analyze, and act on more of the avail- This current state-of-affairs is pre- county payments, alike, from 95 per- able data, in this regard, and that ad- cisely antagonistic to our goal. cent to 90 percent of the local AAPCC monition needs to be part of com- Let me postulate that it is nuts to re- rate—a crude tool that will hurt the prehensive Medicare reform. imburse Medicare HMO’s in high-cost cost-efficient counties much more than Fifth, require HCFA to do local serv- counties at the same level, more or the ‘‘fat’’ counties. ice-provider report cards for bene- less, of the highest-cost fee-for-service Mr. President, I believe that accel- ficiaries. This sort of qualitative anal- practitioners in those counties. That erating the growth of good quality ysis should extend both to HMO’s and fact alone is one of the big reasons managed care, such as we have in Or- their practitioners, and to local fee-for- why, quite rightly, the administration egon, can be a major factor in curing service doctors and other providers. has argued that we have a general HMO Medicare’s financial ills. Changing this This needed reform would include au- over-payment problem. AAPCC formula in a way that makes thorizing the program to demand and But the administration’s argument sense—in a fashion that does not kill collect all relevant data from Medicare that every HMO should be cut, how- our efforts to bring Medicare into vast participants. ever, to cure that problem is like say- areas of this country where no choice Sixth, the program must move much ing amputation is an appropriate treat- but fee-for-service medicine exists for more aggressively in establishing spe- ment for bunions. beneficiaries—must be a high priority cial plans and services for the sickest, Holy Dr. Kildare. In any other eco- piece of the solution. frailest enrollees; these are the Medi- nomic model or sector, a proposition Third, put our two fastest growing care beneficiaries who are usually like our current average adjusted per portions of Medicare—home health qualified for both health and income capita cost [AAPCC] formula would care and skilled nursing facility care— reasons to receive benefits from Medic- seem nuts. But that’s the way it works on a financial management diet. aid as well. in our creaking, inefficient and decid- That regimen is called prospective These enrollees are the fastest grow- edly consumer unfriendly Medicare payment, and it means that in much ing group of Medicare beneficiaries, system. the same way we control hospital costs and the most expensive with costs to Clearly, we must provide incentives we would create a schedule of daily both programs amounting to about $100 for beneficiaries to choose just the maximum service costs for different as- billion per year. April 8, 1997 CONGRESSIONAL RECORD — SENATE S2817 Lack of systems to deal with the ment and the States to knock down Mr. President, we have story after huge comprehensive care problems anticompetitive licensure practices story of people who are huddled in these folks face has resulted in the and restrictions that hamper the abil- homes around stoves trying to keep worst possible scenario; much money is ity of physicians and other practition- warm. My scheduling director, who is wasted while many folks don’t receive ers to practice via this new technology. from the small town of Warsaw, ND, the type or quality of care they need. I can tell my colleagues that Oregon, has talked to her mother, who is over Fortunately, there are a number of like much of the west, is looking hard 80 years old. She has had no heat since highly specialized programs called so- at telemedicine as a way of getting Saturday. cial HMO’s or PACE programs, that better quality medicine to folks who Mr. President, this is a disaster of provide coordinated care—using both live way out in the country; and there truly staggering proportions. In this Medicare and Medicaid bucks—for pop- are lots of places falling under that def- storm, there were whiteout conditions ulations of these beneficiaries in less inition, west of the Mississippi. for 10 hours straight—10 hours than two dozen communities. One of Medicare needs to help in that effort, straight—where the snow was so heavy those programs, ElderCare at Provi- not build walls against 21st-century and the wind so strong, you literally dence Hospital in Portland, is up and medicine. could not see 5 inches in front of your running in my hometown, and it is Ninth, Medicare must unleash the vehicle. As I have indicated, all of this serving these frail elderly at well below quality and efficiency promised by a led to, first of all, a massive snowfall. the national average cost for the so- rapidly growing cadre of alternative In some parts of our State, it was as called dual-eligibles. health care providers. much as 24 inches. In much of the Why don’t we have more? HCFA cur- The program can save money and de- State, it was 17 and 18 inches. That is rently requires each of these programs liver to beneficiaries better, more tar- on top of record snowfall that we had to apply on a waiver basis every time geted services by identifying and incor- already received. This is a headline an individual community wants to porating appropriate assignments for from before this most recent disaster: start a social HMO or PACE program. nurse practitioners, PA’s, druggists, ‘‘106 Inches of Snow and Rising.’’ This This is expensive and time consuming, chiropractors, and other licensed pro- is the Fargo Forum newspaper, the big- and it limits the reach of a very good, fessionals within the health care net- gest newspaper in the State of North cost-effective system. work. Dakota, and this was before the most And again, something that takes Mr. President, these nine items are recent disaster. Now we can put an- about 5 minutes to start up in the pri- not the whole solution to modernizing other 17 inches on top of that in the vate sector, takes about 5 years Medicare. But I do believe that to- Fargo area. This was a record at 106 through the Federal Government. gether, they represent an appropriate inches. For this group we must create great- jumping off position for real Medicare Mr. President, we have extreme hard- er access for highly specialized, dual- reform that can be accomplished in ship now across the State of North Da- eligible programs by giving organizers this Congress. kota—no power, extremely cold tem- clear and certain and uniform rules of I know colleagues from both sides of peratures, and facing us is the worst entry through the Medicare Program; the aisle will be talking about their flooding in 150 years. The National eliminate the so-called 50–50 rule, re- own ideas in the weeks and months to Weather Service has now told us that quiring 50 percent non-Medicare enroll- come. I urge them, I urge all of us, to we can anticipate the worst flooding in ment for any HMO serving Medicare move these issues through the congres- 150 years. That is on the heels of the beneficiaries, based on enhanced per- sional process beginning this year rath- most powerful winter storm in 50 formance and quality standards; de- er than expect a bipartisan commission years. It makes you wonder precisely velop tougher restrictions on adverse to cure Medicare’s problems for us. what is happening with these weather risk selection making it harder for Mr. President, tomorrow, I will go on patterns. plans to deny enrollment to sicker, to talk about other fundamental prin- We have had an entire community frailer beneficiaries; and set up a so- ciples of Medicare reform. ask to be moved to an emergency shel- called outlier fund within Medicare, a I yield the floor. ter—1,500 people. In one of the small special pool of cash fueled by reim- Mr. CONRAD addressed the Chair. towns in North Dakota, they asked to bursement withholds from overpaid The PRESIDING OFFICER. The Sen- have the whole town put in an emer- HMO’s, to appropriately compensate ator from North Dakota is recognized. gency shelter because there is no heat plans that demonstrate they are serv- f and has not been any heat since Satur- ing sicker, more costly beneficiaries. day. We had a local rancher call in to DISASTER SUPPLEMENTAL, THE Seventh, reform our Medicare supple- the radio station, and he said, ‘‘My en- BUDGET, AND THE CHEMICAL mental insurance laws—the Medigap tire herd is out because the fences went WEAPONS TREATY regulations—to guarantee that every down with this incredible ice storm and Medicare beneficiary can enroll in a Mr. CONRAD. Mr. President, my these extraordinary winds.’’ He asked Medigap program at any time. I believe State has been hit by a massive disas- people who were listening to the radio, this change is crucial to encouraging ter over this last weekend. North Da- ‘‘If you see my herd roaming around, more seniors to try HMO’s, knowing kota has been hit with the strongest give me a call.’’ I had another rancher that if they decide they must return to storm in over 50 years. This is a storm call in from a town out in the western fee-for-service medicine they will be of staggering proportions. Mr. Presi- part of North Dakota, and he had a able to get back into Medigap cov- dent, North Dakota this last weekend hundred cows and he had a calve crop erage. got hit by a combination of an ice coming in. Understand, this is the part About a dozen States, including my storm and blizzard that is unprece- of the season when you are calving. home State of Oregon, already require dented in the last 50 years. The calves are being born and being guaranteed-issue. The Medigap market In North Dakota, we are used to born in these disastrous conditions. has not been destroyed in those States. harsh winters, but, frankly, we have They had a hundred cows, and they had There must be a universal Federal never seen anything quite like this a calve crop coming in, and they be- standard protecting beneficiaries. one. This most recent storm not only lieve all of them are dead. They Eighth, ensure better treatment and involved ice, it involved 70-mile-an- brought 10 into their own home—10 more appropriate treatment for Medi- hour winds. That combination has calves into their home to try to save care beneficiaries by capturing the knocked down power poles all across them. All of them died. What was hap- service and efficiency offered by tele- the eastern part of our State. As of pening was, as the calves were being communications technology. yesterday, we had 80,000 people still born, the wind is so strong, the snow is An important aspect of this is ex- without power in the State of North being forced up into their nostrils and panding the terms and conditions Dakota, many of them with no power the cows were suffocating. Now, if they under which Medicare will pay for serv- since Saturday morning. The tempera- didn’t suffocate, they froze to death. ices via the fiber-optic lifeline, and tures have been 40 degrees below zero Now, that is the extraordinarily brutal working with both the Federal Govern- wind chill since the heat went out. conditions that we are facing. S2818 CONGRESSIONAL RECORD — SENATE April 8, 1997 Mr. President, we had a disaster sup- Mr. JOHNSON. I ask unanimous con- right fear. Nutritional stress during plemental sent up by the White House sent to extend morning business, Mr. late gestation makes for weak and dead before we had this 2-week break. I hope President. calves. very much that the first order of busi- The PRESIDING OFFICER. Without I toured the State during this winter ness here will be that disaster supple- objection, it is so ordered. storm disaster and was struck by the mental. We ought to move that legisla- f dramatic impact, particularly in the tion and move it now. There is assist- northeastern region of the State, of the THE DEVASTATION IN SOUTH ance in that legislation for some areas winter weather. Snowdrifts as high as DAKOTA that have already been hard hit. There buildings, roads with only one lane is further assistance for those that Mr. JOHNSON. Mr. President, I come cleared with snow piled high on either have been hard hit since that disaster to the Senate floor today to commend side, homes without heat for days in bill was sent up here. and recognize the strength and tenac- the bitter cold, tens of thousands of So I would ask respectfully of the ity of the residents of my State of dead livestock, schools closed for a leadership to get that disaster supple- South Dakota, and also to further em- week at a time, and the depletion of mental to the floor as quickly as pos- phasize the importance of this body in our indigenous wildlife populations sible. These are situations that cannot expediting the President’s request for were commonplace. I vividly remember wait. These people need help. They supplemental appropriations for disas- watching a cow climb to the top of a need it now. North Dakota has been ters occurring in the Great Plains and snowdrift as high as the roof of the first in line to help out others when other parts of our country. barn so that he could eat the shingles they faced disasters, and we have been I returned to Washington yesterday from the roof. And, I also remember happy to do so. after spending 6 days touring the dev- the positive, stubborn attitude of the Mr. President, we are now faced with astation occurring in virtually every residents of South Dakota in the face a staggering disaster and we need help. corner of my State. South Dakotans of this disaster. South Dakotans knew We are asking for it now. are a hearty stock and during my years that what they were facing was tough, Mr. President, I see there are other serving the citizens of South Dakota I but they also knew that they were Senators wishing to speak. Will we be have repeatedly witnessed South Dako- tougher. able to continue? tans’ ability to overcome any obstacle As if surviving the severe winter cold The PRESIDING OFFICER. The Sen- Mother Nature has given us. However, I of December, January, and February ator’s time has expired, and it would don’t believe I have ever seen South was not challenge enough, residents take unanimous consent for the Senate Dakotans rise to the occasion in quite and State and local officials knew they to continue. the manner they are doing right now could not rest from fighting the forces Mr. CONRAD. Mr. President, I ask under extraordinary circumstances. of Mother Nature. Once all of the roads for 1 minute more. I traveled to South Dakota last week were cleared, emergency services were The PRESIDING OFFICER. Without expecting to see widespread residual no longer threatened, and it appeared objection, it is so ordered. damage from the severe winter weather that the worst of the winter weather Mr. CONRAD. Mr. President, in addi- the State experienced over the past was over, focus turned to the next chal- tion to the disaster supplemental, I several months and subsequent high lenge: potential flooding problems the think we should also ask, ‘‘Where is water from the ongoing snowpack State could experience once the the budget?’’ Because the budget con- melt. Relentless sub-zero temperatures snowpack began to melt. tains items that are going to be criti- and continual snowfall in January Governor William Janklow provided cally important to dealing with these forced South Dakota Governor William exceptional leadership with his com- disasters as well. The budget was sup- Janklow to request a major disaster prehensive and aggressive efforts to get posed to have come out of the Budget declaration from President Clinton to every community as ready as it could Committee by April 1. That deadline ensure roads could remain clear for possibly be for the impending floods. has been missed. The full Senate is sup- emergency services and basic travel Governor Janklow set up a state task posed to act by April 15. I hope we and access to livestock. President Clin- force to monitor the flows of the rivers don’t miss that deadline as well, be- ton responded positively to the Gov- and to work with local governments in cause this Congress is developing a rep- ernor’s request and granted the dec- their preparations. State and local gov- utation of failing to act. laration which gave the State addi- ernments worked with the Corps of En- Mr. President, finally, there is a tional tools to help meet its basic gineers and the National Weather Serv- third matter. That is the chemical transportation needs. ice to predict precipitation and runoff weapons treaty. We have a deadline of Farmers and ranchers began facing levels, identify areas where additional April 29. That is when it goes into ef- hard times last fall with normally flood protection measures should be fect. Where is that piece of legislation? available grazing and unharvested row undertaken, and design and implement Mr. President, I say to my colleagues crops being buried with snow. The sub- additional flood control measures. The that there are three pieces of business sequent extreme cold increased the nu- efforts made by communities were con- that we ought to do and do quickly. tritional requirements of livestock and siderable. For example: The disaster supplemental ought to depleted winter feed supplies. This al- In Sioux Falls, the largest city in be first in line. ready tough situation became a crisis South Dakota, the Big Sioux River Second, the budget: We have a dead- when the early January blizzards lit- flood protection system was tempo- line of April 15. erally killed livestock and put most rarily bolstered to hold up to 41,000 Third, the chemical weapons treaty: producers’ livestock at risk because of cubic feet of water per second. It was We have a deadline of April 29. access to feed being cut off. No one yet designed in the 1950’s and 1960’s to hold All three of those ought to be taken knows how many livestock were killed, 24,000 cubic feet—5,600 in the main up, taken up quickly, and passed so the but estimates top at least 100,000. In river channel in western Sioux Falls people of this country know that this addition, many livestock suffered and 18,400 in the diversion channel in Congress is doing its business. frostbite and were significantly weak- the northeast corner of the city. Sioux I thank the Chair. I yield the floor. ened. Falls also aggressively sandbagged and Mr. JOHNSON addressed the Chair. During this time, ordinary activities used over 60,000 sandbags in its efforts. The PRESIDING OFFICER. The Sen- became extremely and increasingly dif- The small community of Davis filled ator from South Dakota is recognized. ficult because of the excess snow. Win- and placed over 8,000 sandbags. Resi- Mr. JOHNSON. Thank you, Mr. Presi- tertime expenses likely tripled as just dents of the town of Hecla, population dent. getting livestock feed became a Hercu- 400, built two dikes at the west and The PRESIDING OFFICER. If the lean task. The continued stress on live- north ends of town to hold back the Chair could interrupt the Senator, the stock, especially cattle, meant that the James River. In Aberdeen, the city Senator has an order to go into recess most important time of the year for built a levee about 2 feet high around at 12:30. It would take unanimous con- ranchers—calving season—was ap- the northern edge of the city in just 6 sent for the Senate to extend that. proached with trepidation if not out- days. April 8, 1997 CONGRESSIONAL RECORD — SENATE S2819 These are just a few examples of the days in a motel after they were evacu- trously affected by severe weather. The mitigation efforts undertaken by com- ated from their homes because of rising widespread nature of this disaster has munities all over South Dakota. Be- water. This last weekend 5,000 people in devastated the agribusiness economy of cause of these efforts, from all reports, Watertown, SD, have had to leave their our entire State and assistance in the South Dakota communities could not homes. coming months is absolutely critical to have been better prepared for the an- Essential services in many commu- ensuring the future existence of many ticipated flooding. I traveled to South nities such as wastewater treatment small businesses in South Dakota. The Dakota early last week expecting to plants are threatened. Many commu- combined impact of the weather disas- see high water fairly well controlled by nities’ systems have been overwhelmed ters over the last 5 months on agri- these mitigation efforts with some and have been forced to release un- culture is the gravest threat South Da- areas faring worse than others. treated water. kota farmers and ranchers have faced Unfortunately, the situation was Vital infrastructure has been dra- from nature in probably 100 years. Ad- worse than I anticipated because Moth- matically impacted. During my tour, ditionally, the damage done by the pro- er Nature, as only she can do, had we drove on roads covered with water longed flooding has jeopardized the changed the rules of the game and and saw many, many county roads long-term viability of parts of South given the residents of the State of completely washed away by a deluge of Dakota’s infrastructure. Prior to the South Dakota more water than ini- water. In McCook County every road extensive damage done from this year’s tially anticipated and additional severe that goes into the county from both severe weather to South Dakota’s winter weather. The devastation I wit- the east to the west and from the north roads, the State of South Dakota had nessed and subsequent destruction in to the south are closed at some point. an excess of $500 million in backlog the short time since my touring ended Just as South Dakotans were accept- needs on its State Highway System is heart-rending in its thoroughness ing and successfully fighting the in- alone. And, the damage to personal and in its indiscriminate taking of creased flows of water, Mother Nature property is as yet uncalculated in mon- property and possessions. hit the State with yet another blizzard etary or sentimental value. Let me give just a few examples of over the weekend. Some areas received Our State has been fortunate enough the ways in which our communities 34 inches of snow accompanied by 60- to receive an outstanding response have pulled together: mile-per-hour winds. This winter storm from President Clinton and FEMA in In a relatively small community near resulted in sub-zero wind chill tem- the past. I am grateful that, once Huron, 150 students, volunteers, and peratures and zero visibility in much of again, the President has responded ex- State inmates joined together to save the State for an extended period of peditiously with much needed assist- the James Valley Christian School time. A 100-mile stretch of Interstate ance for South Dakota. Yesterday, the from the waters of the James River. 90 was closed and many communities President made a major disaster dec- Their efforts were absolutely inspiring. were forced to prohibit all travel. I was laration for the entire State which will These individuals labored for days to stranded in Wall, SD for over 24 hours supplement the efforts of the State and stem the rushing James River with a because of this winter storm. local governments during this difficult sandbagged dike and sandbags all over This winter storm would have been a time. the area to protect the school. Unfortu- lot to handle as an isolated incident As I mentioned previously, the spirit nately, the James Valley Christian but coupled with the flooding already of South Dakotans, even in this incred- School lost its fight just days after I experienced all over the State, the im- ibly difficult time, never ceases to toured it. It now sits in 6 feet of water. pact of the winter weather has been un- amaze me and this weekend’s trip re- I visited the farm of Gary and Diane precedented. The added precipitation emphasized that impression in my Foster near Bruce, SD, where 30 head and severe weather has led to unparal- mind. I am committed to doing every- of cattle were calving on a small island leled devastation. thing I can do to assist the State and surrounded by flood water. I will not Last weekend’s blizzard is truly salt communities as much as possible to en- soon forget this tragic sight. in the wound for producers in my sure South Dakotans can get back to It was evident that our farmers will State. Our producers are in the middle living their normal lives at the earliest once again face a financially devastat- of calving season now and trying to possible time. I look forward to con- ing problem in regard to springtime prepare for springtime field prepara- tinuing to work with Senator DASCHLE, planting. Flooded fields prevent any tions. The blast of cold and more snow Representative THUNE, Governor field preparation, let alone planting. on top of already treacherous condi- Janklow, and local communities in the And there probably is not enough time tions will surely mean that the number coming weeks and months as we clean for drying before it will simply become of dead livestock will continue to rise. up from this disaster. After all South too late to plant this years’ crops. In This may well put many producers over Dakotans have endured over the past 1995, another very wet year, less than the edge financially—after all, they few months, they need all we can give. 40 percent of my State’s crops were only get one chance per year to suc- We need expeditious action on this planted on time. cessfully complete calving season. floor on the supplemental appropria- The current flooding means that we This storm severely impacted the tions requests. probably will not even match 1995’s city of Watertown, causing the situa- Mr. LAUTENBERG. Mr. President, I slow performance. This is going to deal tion to escalate from a 100-year flood ask unanimous consent morning busi- a tough blow to the agricultural econ- event to a 500-year flood event. Earlier ness be extended long enough for me to omy of my State—and, in the end, it this week, Mayor Brenda Barger, who I give my statement, which I believe will will deal a blow to consumers and busi- must commend for her effective leader- be less than 10 minutes. nesses on Main Street. ship during this crisis, poignantly ob- The PRESIDING OFFICER. Is there I was amazed by the reality that served that, ‘‘It’s a humbling thing objection? Without objection, it is so many South Dakotans who normally when you see people out sandbagging ordered. travel 10–15 miles to work, now have to in 60-mile-per-hour winds, in a blizzard, f drive 50–90 miles to work to avoid knee-deep in water.’’ I think her state- washed out or water covered roads, ment sums up a lot of what everyone PRIVILEGE OF THE FLOOR which often times are our major high- has felt over the last few weeks and, in Mr. LAUTENBERG. Mr. President, I ways. The Sioux Falls Argus Leader re- particular, the last few days. Everyone also ask unanimous consent that the ported that Janice Mellema, a nurse banded together to save and minimize privilege of the floor be accorded to who lives west of Platte but works at damage to both public and private Mr. Dan Katz from my staff, who the Gregory County Hospital, is forced property regardless of the weather con- should be admitted to the floor because to leave her home at 3:30 in the morn- ditions. he worked so hard. ing to arrive at work by 6. She now has In a State that covers 80,000 square The PRESIDING OFFICER. Without a 90-mile commute. miles, it is both rare and unfortunate objection, it is so ordered. Some 100 people in north central to have a situation where regions The Senator from New Jersey is rec- South Dakota have already spent 30 across the entire State are so disas- ognized. S2820 CONGRESSIONAL RECORD — SENATE April 8, 1997 Mr. LAUTENBERG. I thank the Mr. MURKOWSKI. Mr. President, if I to Chemical Contamination, Rocky Moun- Chair. could make an inquiry relative to the tain Peace Center, Snake River Alliance, (The remarks of Mr. LAUTENBERG time we will have on the bill this after- Citizen Alert, Redwood Alliance, National Environmental Coalition of Native Ameri- pertaining to the introduction of S. 527 noon. cans, Campaign for Nevada’s Future, South- are located in today’s RECORD under Mr. REID. It is my understanding west Research and Information Center, Clean ‘‘Statements on Introduced Bills and that the proponents and opponents Water Action, Free the Planet, Blue Ridge Joint Resolutions.’’) have an hour and 15 minutes each, and Environmental Defense League, Kansas Si- f I say to the chairman of the commit- erra Club, Envirovideo, Kansas Natural Re- tee, I was going to speak for about 20 sources Council, Greens/Green Party USA, RECESS minutes. Fellowship of Reconciliation, Good Money, Inc., Wyoming Outdoor Council, Nuclear Re- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Chair announces that under the pre- sister, Three Mile Island Alert, Western ate will stand in recess until 2:15 today. North Carolina Alliance, GE Stockholders Thereupon, at 12:54 p.m., the Senate vious agreement, an hour and a half is Alliance, The Peace Farm, Tennessee Valley recessed until 2:14 p.m.; whereupon, the divided. However, 15 minutes from each Energy Reform Coalition, C–10 Research and Senate reassembled when called to side has been allocated to the previous Education Foundation, Northwest Environ- order by the Presiding Officer [Mr. speaker, so there is an hour and 15 min- mental Advocates, Oyster Creek Nuclear Watch, Green Party of Ohio, Grass Roots En- COATS]. utes remaining for each side. Mr. REID. We both understand that. vironmental Organization, Physicians for f Mr. MURKOWSKI. I thank the Chair. Social Responsibility, Los Angeles, Alliance Mr. REID. If the chairman of the to Close Indian Point, Sierra Club Legal De- NUCLEAR WASTE POLICY ACT committee desires to go first, I have no fense Fund, Louisiana, Toledo Coalition for AMENDMENTS—MOTION TO PRO- problem. Safe Energy, Wilmington College Peace Re- CEED source Center, Grandmothers for Peace, Stu- Mr. MURKOWSKI. The Senator from dent Environmental Action Coalition, U. of The PRESIDING OFFICER. Under Nevada should proceed. I went first Wisconsin, Milwaukee, Orange County the previous order, the time between yesterday. I suspect we will be taking Greens, U. of Florida Environmental Action 2:15 p.m. and 5:15 p.m. shall be for de- turns. Group, Eco-Action, Penn State U., Austin bate equally divided on the motion to Mr. REID. I yield myself 20 minutes. Greens, Student Environmental Action Coa- proceed to the consideration of S. 104, The PRESIDING OFFICER. The Sen- lition, U. of Northern Iowa, Los Gatos Uni- which the clerk will now report. ator from Nevada is recognized. tarian Fellowship. The legislative clerk read as follows: Mr. REID. Mr. President, as we indi- Alliance for Survival, Nuclear Democracy cated yesterday, this matter is on the Network, Stop the Organizations Raping A motion to proceed to the bill (S. 104) to Mankind, Pennsylvania Environmental Net- amend the Nuclear Policy Act of 1982. floor for one reason and one reason work, Heart of America Northwest, Desert The Senate resumed consideration of only. That is the nuclear power indus- Citizens Against Pollution, Eco Sense, Amer- the motion to proceed. try. That is the reason we are here. ican U, California Communities Against Mr. REID addressed the Chair. There is no other reason. The fact of Toxics, Nuclear Energy Information Service, Nuclear Age Peace Foundation, People’s Ac- The PRESIDING OFFICER. The Sen- the matter is that the situation here is the same as it was last year. tion for Clean Energy, Iowans for Nuclear ator from Nevada. Safety, New England Coalition on Nuclear Mr. REID. Mr. President, I have been What I indicated, Mr. President, yes- terday, and it was confirmed by the Pollution, Physicians for Social Responsibil- requested by Senator KENNEDY—and it ity, Kansas, Student Environmental Action chairman of the committee, we are not is my understanding Mr. HATCH has re- Coalition, U. of Delaware, St. Joseph Valley here because of science. We are here be- quested of Senator MURKOWSKI—to give Greens, Economists Allied for Arms Reduc- cause of politics. We underline and we 15 minutes of our time to Senator KEN- tion, Kwanitewk Native Resource Network, underscore that. Physicians for Social Responsibility, At- NEDY and Senator MURKOWSKI will give What I said I would do yesterday I lanta, Los Alamos Study Group, Abalone Al- 15 minutes to Senator HATCH. I ask want to do today. That is, indicate to liance, Fernald Residents for Environment, unanimous consent for that at this the Members of the U.S. Senate that Safety & Health, Womens Action for New Di- stage. there are approximately 200—I repeat, rections, STAND, Center for Energy Re- The PRESIDING OFFICER. Without 200—environmental groups opposed to search, Humans Against Nuclear Waste objection, it is so ordered. Dumps, Mescalero, Physicians for Social Re- this legislation. I am not going to read Mr. KENNEDY addressed the Chair. sponsibility, Colorado, American Friends the names of the environmental The PRESIDING OFFICER. The Sen- Service Committee, Denver, North American groups, but I ask unanimous consent ator from Massachusetts. Water Office, Students for Social Respon- the entire number and names of the en- sibility, CalPoly, War & Peace Foundation, Mr. KENNEDY. Mr. President, I vironmental groups be printed in the North Carolina Waste Awareness & Reduc- would like to express appreciation to RECORD. tion Network, Ohio Sierra Club Nuclear Is- Senator MURKOWSKI and Senator REID There being no objection, the mate- sues Committee, Downwinders, Women’s En- for their willingness to give Senator rial was ordered to be printed in the vironment & Development Organization, HATCH and myself an opportunity to in- Mississippi River Basin Alliance, Ygdrasil RECORD, as follows: troduce our children’s health bill. I see Institute, Nukewatch, WESPAC (West- ENVIRONMENTAL AND CITIZENS GROUPS my colleague, Senator HATCH, on the chester People’s Action Coalition), Oregon AGAINST THE BILLS THAT WOULD REPLACE floor now. So, I yield the floor. Peace Works, San Luis Obispo Mothers for THE CURRENT ACT Peace, International Institute of Concern for Mr. HATCH addressed the Chair. Nuclear Information and Resource Service, Public Health, Save Ward Valley, GRACE The PRESIDING OFFICER. The Sen- Greenpeace, League of Conservation Voters, Public Fund (Global Resource Action Center ator from Utah. Public Citizen, U.S. Public Interest Research for the Environment), Environmental De- Mr. HATCH. I thank the Chair. Group, Physicians for Social Responsibility, fense Institute, Citizens Regulatory Commis- (The remarks of Mr. HATCH, Mr. KEN- Sierra Club, Military Production Network, sion, The ZHABA Collective, Northweast NEDY, Mr. DODD and Mr. KERRY per- Natural Resources Defense Council, Office Ohio Greens, Arizona Safe Energy Coalition, taining to the introduction of S. 525 are for Church in Society, United Church of Indian Point Project, No Escape, Citizens at Christ, Project on Government Oversight, Risk: Cape Cod, E–3, Wesleyan University, located in today’s RECORD under League of Women Voters of the United Wolf Creek Citizens Watchdog Group, Indige- ‘‘Statements on Introduced Bills and States, Union of American Hebrew Congrega- nous Environmental Network, Pax Christi Joint Resolutions.’’) tions, United Methodist General Board of USA, University of Maine Student Govern- The PRESIDING OFFICER (Mr. Church and Society, Nuclear Free America, ment. KEMPTHORNE). The Senator from Ne- National Ministries of the Presbyterian The cities of Los Angeles, Denver, St. vada. Church (USA), Nuclear Waste Citizens’ Coa- Louis, Philadelphia, Decatur, GA, Mt. Mr. REID. Would the Chair report lition, Safe Energy Communication Council, Rainier, Takoma Park & Greenbelt, MD, the matter that is now on the floor? Friends of the Earth, Citizens Awareness Beacon NY, Falls Township, PA, Amherst, The PRESIDING OFFICER. The mat- Network, Missouri Coalition for the Environ- MA, Wadesboro, NC and Ventura, San Luis ment, 20/20 Vision, Prairie Island Coalition, Obispo, Santa Barbara (CA), Marshall, Anson ter pending before the Senate is a mo- Environmental Action. (NC), and Bucks (PA) counties. tion to proceed on S. 104, the Nuclear Native Youth Alliance, Nuclear Control In- And, according to a December 1995 poll, Waste Policy Act. stitute, Clearwater, Citizens for Alternatives 70% of the American people. April 8, 1997 CONGRESSIONAL RECORD — SENATE S2821 These bills override environmental laws, The PRESIDING OFFICER. The has been determined to be safe. It is a pre-empts state environmental laws and reg- clerk will call the roll. The bill clerk remote location. It has been well mon- ulations, weakens radiation protection proceeded to call the roll. itored by an experienced work force standards, makes taxpayers liable for nu- Mr. MURKOWSKI. Mr. President, I and a security force as well. clear waste accidents, and threatens 50 mil- Now, if Yucca is licensed for a perma- lion Americans with a Mobile Chernobyl. ask unanimous consent that the order It’s a disaster for the environment. for the quorum call be rescinded. nent repository, it will simply be a The PRESIDING OFFICER. Without very easy task to move the spent fuel Mr. REID. Among those that are op- objection, it is so ordered. to the permanent repository from the posing this legislation are the Physi- Mr. MURKOWSKI. Mr. President, interim facility this bill would author- cians for Social Responsibility, Clean with respect to disposal of high-level ize. Now, the problem is that Yucca Water Action, the Students Environ- nuclear waste, this Nation is today at a isn’t going to be ready until the year mental Action Coalition of the Univer- crossroads. The job and the responsibil- 2015. Some suggest, well, what happens sity of Northern Iowa, Eco-Action of ity of addressing the disposal of spent if Yucca is not licensed or is found to Penn State University, Southwest Re- nuclear fuel from our Nation’s power- be unsuitable? Will we need a central- search and Information Center, Snake plants—is an obligation of this body. ized interim site anyway so that we River Alliance, Alliance for Survival, The time for fixing the problem is now. will be way ahead of the game? The an- San Luis Obispo Mothers for Peace, There has been a lot of progress swer is, yes, regardless of what happens Los Alamos Study Group, Desert Citi- made. We have selected a permanent at Yucca, this is a step we should take zens Against Pollution. These are only repository at Yucca Mountain. That is and take now. a few, Mr. President, of the organiza- already done. It is underway. We have Critics have claimed that we can’t tions that oppose this legislation. expended about $6 billion, and that 5- store waste safely, that we don’t have There is not a single environmental mile exploratory tunnel will soon be the technology. Nature itself suggests group in the United States of America completed. This is a positive commit- that a geologic repository, which this that supports this legislation. ment by the Congress to proceed with a bill supports, is the best long-term an- We heard yesterday and we have permanent repository. We can build on swer. Let me refer again to a natural heard time and time again, Mr. Presi- this process. geological nuclear waste repository dent, that the State of Nevada had nu- This bill, Senate bill 104, continues that has been in existence for a long clear testing, therefore, why do we not the site characterization activities for time. Such a repository is in Gabon, in have open-armed acceptance of storage a permanent repository. Make no mis- Africa. There, approximately 1.8 billion of nuclear waste? I say, Mr. President, take about it. But this is an ongoing years ago, at a place called Oklo, sci- some have said that since the Nevada process. In the meantime, we have an entists have proven that naturally oc- desert has already been degraded from obligation to take this waste next curring, highly enriched uranium nuclear weapons testing, it is a logical year, in 1998. Well, this Senator from began a spontaneous nuclear reaction place to store nuclear waste. Alaska and the majority of my com- producing almost a ton of plutonium, Somehow, this logic seems to con- mittee are of the opinion that a con- as well as all of the other fission by- tradict the old saying that two wrongs tract is a binding commitment. products that occur in spent fuel from do not make a right. The suggestion The Federal Government, 16 years modern nuclear power plants. That is assumes that these two activities have ago, entered into a contract with the the history. That is a fact. It actually something in common. The only thing nuclear industry to take this waste in happened, under the watch of Mother they have in common is posing danger 1998. We have no place to put this Nature. Now, Mr. President, when it to Nevada citizens and its environ- waste because Yucca Mountain isn’t happened, it happened just a few feet ment. completed. We face penalties; we face beneath the surface. No geologists We have just recently finished 50 litigation. It is estimated that the studied the site before the waste was years of the most dangerous period in damages associated with the inability ‘‘stored’’ there. There was no engineer- America’s history. During this period to fulfill the contractual commitment ing barriers around the so-called spent of time, the Soviet Union and the Unit- will run somewhere between $40 billion fuel. However, scientists have proven ed States had tens of thousands of nu- and $80 billion. That is an additional that the plutonium and the other fis- clear warheads pointed against each load on the taxpayers of this country. sion products did not migrate away other. We need a temporary storage facility from that site. There is nothing Mr. President, as I said, just a few or we will continue to be storing this unique, Mr. President, about the geol- years ago, tens of thousands of nuclear waste across the Nation for decades to ogy of Oklo. This ‘‘experiment’’ shows warheads were pointed toward the So- come. that radioactive waste can be success- viet Union and toward the United Where is the waste? Well, let’s look fully contained within a geologic re- States. This dangerous era was ended at this chart. We have commercial re- pository. Mother Nature did it 1.8 bil- successfully, I believe, Mr. President, actors represented on the chart. We lion years ago. Now we are talking in large part, because of what was done have shut down reactors with spent about the science, the technology, and at the Nevada test site. That is, we fuel on sites represented on the chart. the application of mankind in the proc- tested the new weapons, the safety and We have 110 of the commercial reac- ess. Well, it certainly seems to be tak- reliability of those that were in exist- tors, 110 reactors in about 41 States. We ing equally as long. ence. This, Mr. President, was a time of have 10 shut down reactors, rep- When I said that we had designated national crisis. All were called upon to resented on the chart. We have one ex- Yucca as a permanent repository and do what they must in order to protect isting site for spent commercial nu- that we spent some $6 billion in the our country’s security. The urgency of clear fuel storage on the chart, is in process, and will probably expend as this national mission required things the State of Illinois. Non-DOE research much as $30 billion, it is important to to be done in ways that, under less reactors—we have 38 shown on the recognize what comes next. First, it stressing conditions, would never have chart. We have naval reactor fuel up in has to be deemed viable. That means been permitted. Idaho, up in Washington, and in Geor- the scientific information gathered by Well, just like the promises made by gia. There are 10 of those sites. Depart- 1998 will show that nothing is there advocates for waste storage in Nevada, ment of Energy-owned spent nuclear that would disqualify Yucca Mountain that was then and this is now. Then fuel sites, about 12, are indicated on for a permanent repository. That is was a period of national crisis and dan- the chart. done next year, in 1998. What are the ger. Now is one of peace and prosperity. So there is where we are. We have odds on that? They tell us about 90 per- Now is a time when we can surely do this stuff scattered all over the United cent. things right. There is no danger pres- States. We can choose now whether the The second factor is the suitability. ently that would drive us to endanger Nation needs these 80 sites, or just 1— Yucca Mountain must be suitable. It our environment or our public by reck- 1 in the arid remote Nevada test site, must be a suitable site for a permanent less and ill-conceived actions. where we exploded a series of nuclear repository under the guidelines issued I suggest the absence of a quorum. bombs during the cold war, a site that by the Department of Energy. When is S2822 CONGRESSIONAL RECORD — SENATE April 8, 1997 that supposed to be completed? In the roads. Well, that is simply not true, threat. If they support taking nuclear year 2001. What are the odds on that? Mr. President. Let’s take a look at the waste from overseas, can the safety of They tell us about 80 percent. Then, of routes used—the routes used for 15 transportation be an issue? One won- course, it has to be licensed, licensed years, again, for the thousands of fuel ders why it is now. How can it be safe by the NRC, who issues the license for shipments. Some say they didn’t know for the Department of Energy to ship a permanent repository. Well, for the the fuel shipments took place. Again, spent fuel halfway across the world but date of that we can only rely on the as I have said, that is because they are not across a few States? They don’t ex- former Secretary of Energy O’Leary, uneventful. Trucks carrying the casks plain that very well, do they? who indicated that would be about the have been in accidents, but the casks Actually, if you look closer, you see year 2015. that contain the nuclear material have that the Department of Energy trans- Talking about this waste brings us to performed as designed. They have not ports nuclear waste across the United the reality that we are going to have to broken open. The nuclear disasters States. Let’s take a look at a map of transport it. You simply can’t leave it that the Senators from Nevada have re- the United States. It goes into Han- at these sites. So let’s talk a little bit ferred to, Mr. President, simply ford. It goes into Savannah; Hanford in about the transportation issue, because haven’t happened. the State of Washington. This shows this is on the minds of many Members. Now, we have heard claims that the the American research reactors at our This map accurately shows, from 1979 number of shipments that would occur universities. They ship fuel for storage to 1995, the movement and transpor- under Senate bill 104 is an unprece- at DOE facilities. They are scattered tation routes of 2,400 individual ship- dented amount. Well, that is simply all across the country. The various uni- ments of waste around the country. not true. We have our storage in our versities are Ohio State, MIT, the Uni- The interesting thing, Mr. President, is reactors in the cells adjacent to the re- versity of Virginia, and Oak Ridge. We that they go through every single actors and the pools, and those are fill- could go on and on. They are all across State of the 48, with the exception of ing up. We need to relieve that conges- the country. That is why I contend South Dakota and Florida. All the tion, and that is the whole purpose of that we have a double standard. States are represented here. That is the interim retrievable storage. We Why does the Department of Energy the harsh reality. We have been moving currently have about 30,000 metric tons pay to transport and store nuclear this waste for 16 years. Why hasn’t it of spent fuel in this country. But the waste from foreign countries but won’t been on the front pages of the papers? French alone have shipped that do its own duty to the U.S. power reac- Because it has been a nonevent. It has amount of spent fuel all over Europe— tors that have paid for the service? moved safely. It has moved from reac- for that matter, all over the world. They have paid for the service. The tors. It has moved from Navy facilities This is not just history. It is happening ratepayers that depend on nuclear en- and from Army facilities, and it has today. It is happening all over the ergy paid $13 billion to the Federal been on railroads and on highways, and world. Government. Where is the money? It it has been under the auspices of the The Department of Energy, as a mat- has gone into the general fund. It is Department of Energy, and it has been ter of fact, is transporting spent nu- not an escrow account. But there is a safe. clear fuel all over the country and all contract signed for next year. The De- We have heard in this debate, pri- over the world as we speak. Here it is partment of Energy will say that they marily from my good friends from Ne- in the country. Let’s take a look at a take foreign fuel to help with the non- vada, that somehow this waste is a new chart of the world. Here we have it, Mr. proliferation. That is all well and good. threat that America has never faced President. There seems to be a double But spent nuclear fuel is spent nuclear before. That is just poppycock. Emo- standard here when the Department of fuel regardless of where it is. If trans- tional statements have been made time Energy claims that it cannot possibly portation and storage is safe for some, and time again, suggesting that some- fulfill its obligation to the U.S. electric why isn’t it safe for all? how the health and safety of 50 million ratepayers to take spent fuel. Why is it I think this just proves the point Americans will be threatened. And doing so in foreign countries? Well, that the obstacles to moving our Na- there have been references to the un- here they are. In Europe, there is Aus- tion’s spent fuel are political. They are fortunate Chernobyl accident. That ac- tria, Belgium, Denmark, Turkey, Iran, not technical. We have moved it. We cident, as everybody knows, involved a Pakistan, Australia, throughout South move it from our research reactors all graphite reactor without a contain- America, and Peru and Canada. We are over the country. We move it from ment building. Electricians were in taking this now under agreements that other countries in the world and bring there doing an operation they weren’t have been made. Where is it going? It is it to the United States to Savannah, supposed to be doing. They didn’t have going to the Savannah River in South and have been doing it for some time. the training. They bypassed the safety Carolina. This chart shows the actual My bill, and the committee bill, S. procedures, took the reactor critical, times of delivery from 1996 to 2009. 104 of Senator CRAIG and others, pro- and the results were very unfortunate. These are the countries to which we vides the authority to coordinate a sys- But it was human error, Mr. President. have committed taking their waste. So tematic safe transportation network to The graphite reactors are not the type it is a double standard, Mr. President. move spent fuel to a storage facility that we have in the United States. Yet, Why are we doing it for foreign coun- under Senate bill 104. The Department this effort to try to address an obliga- tries? We are not doing it for our own of Energy is required to use—‘‘re- tion to our Nation’s waste has been re- nuclear industry. quired’’; it is not optional—to use NRC- ferred to as a ‘‘mobile Chernobyl.’’ You may ask why the taxpayers are certified transportation containers to Here is what we have been moving, paying for the Department of Energy transport fuel along special routes cho- Mr. President. Again, do we want to to transport and store nuclear waste in sen by DOT radioactivity transport move it to one site in the Nevada foreign countries while American rate- regulations and considerations set out desert now, as we wait for the develop- payers are left out. All the countries in in the bill. ment of our permanent repository? Or color on this chart ship fuel to the Let’s take a look at how that is do we want to leave it for another 15, United States for storage at the De- shipped because I think it is important 16, or 17 years, actually, in the 80 sites partment of Energy facilities. It to recognize the care that goes into in 41 States? No fatality, injury, or en- doesn’t seem to be a mystery to some. this. This is a truck that is moving vironmental damage has ever occurred But it is a mystery to me. Another over the highways of the Nation prob- in the United States because of radio- mystery is why many of the same ably today; moving some kind of fuel active cargo movement. That is just a groups that most actively oppose re- in a cask probably to the Savannah fact. We have taken steps to ensure solving our domestic fuel storage prob- River site in South Carolina. It is mov- that the risk is as negligible as pos- lems were most supportive of taking ing safely. It is moving in a special sible. nuclear waste from foreign countries. container. These are probably spent Some of our friends would imply that Think about it. We are taking waste fuel rods. They are radioactive. But by if this bill doesn’t pass, then nuclear from Russia—military waste—because the same token, care and engineering waste won’t be shipped on our Nation’s we deem that lessens the proliferation technology has gone into this. I find it April 8, 1997 CONGRESSIONAL RECORD — SENATE S2823 surprising to note that—and the com- drop of 40 inches onto a steel spike; no you want to move it out of your State, ment was made in the debate that the penetration being engulfed in 1,475-de- you have to move it someplace. The environmental groups don’t support gree temperature fire for 30 minutes; question is where do you move it? this legislation. I find it further per- no penetration, submerged under 3 feet We have determined that this is the plexing that these groups on the one of water for 8 hours; no penetration. permanent site for a nuclear reposi- hand are opposed as we all are to the So, despite what you may hear, engi- tory. When that was chosen, it was increase in greenhouse gases yet the neers at the national labs tell us that chosen over potential sites in the 50 only current technology available to the test conditions that these casks are States. Why was it chosen? Because it reduce it dramatically is nuclear en- subjected to are much more rigorous was deemed to be, of all the sites that ergy. Our use of nuclear energy reduces than any that they would face in real, were evaluated, the best site with the more than 140 million metric tons of live accidents. highest likelihood of this being named carbon dioxide emissions each year, These casks have been tested in some the permanent repository when we get not to mention sulfur dioxide and var- more rigorous ways. Probably it would through with the process now under- ious other pollutants. This is the con- be interesting to watch because they way. That is the process of viability, tribution that nuclear energy contrib- have been run into by locomotives, and suitability, and licensing. Then it goes utes to air quality in this country. crashed into walls at 70 miles an hour. in there permanently under our policy. Some suggest that the opposition by If any of the Senators or the staff want But the idea of moving now to accept the environmental groups is simply to to see the video of these tests we would this area for a temporary repository shut down the reactors because they do be happy to provide them with the until we can complete Yucca Mountain not believe in or don’t approve of nu- tapes to view and to keep. is what this legislation is all about be- clear energy or nuclear power. So I suggest that we face facts. The cause it suggests that it would move in But they don’t want to recognize history of the nuclear waste shipments those casks by transportation routes, that about 22 percent of our Nation’s is that they are moving almost as we either surface railroad or highway, in power is generated by nuclear reactors, speak, continue to move, and will move these casks out to a pad, out in the and, if you reduce or eliminate the nu- tomorrow but they are not going to be desert where it would be monitored. clear power industry in this country, carrying the waste that they were con- And those casks would be held there so you will have to replace it with some- tracted for. They will be carrying other we can fulfill our contractual agree- thing. It will probably be replaced with wastes from other countries from re- ment as we recognized that the storage carbon fuels. And there is an emission search reactors from our universities. at our nuclear power generator sites concern there. And it fails me to know why we are ex- are filled up. They would be moved out So I say to those that are opposed to cluding the waste that we contracted to this pad and be monitored until such this legislation that they have an obli- for 16–17 years ago to take next year, time as the permanent repository is gation to come up with something that and we have no provision to take that completed. answers the question of what we do waste. That is what this bill is all On the chance that the permanent re- with our spent fuel. I think that is about. S. 104 provides safe transpor- pository is not licensed and it doesn’t what this bill does. tation with a perfect record, and I get through this viability, suitability, Further safeguards have been taken think it makes it even safer. or licensing, this bill provides that we in this legislation to provide that So as a consequence, that tells the still have an obligation to address a re- transportation cannot occur until the story of the transportation system. solve. That would require the President Department of Energy has provided Let’s look very briefly at what we then to find another site. We have gone specific technical assistance and fund- are proposing. This is the location for through all the 50 States. If this one is ing to States affected by the transpor- the waste storage at the Nevada test not suitable for a permanent reposi- tation route, Indian tribes, and for sites that we have used for the previous tory, it requires the President to find emergency response planning along the 800 nuclear weapons tests. That is what one. If he doesn’t find one, he comes transportation routes. That isn’t what it looks like. It is a pretty barren area. back and designates that this be the is done now. But that is what is re- You see some roads for access, and site. quired in the bill to make it that much mounds where 800 nuclear weapons Now, some suggest there should be safer. The language builds on what is tests were made. Why was this area some other consideration. Maybe we an already safe system for transporting picked? Probably there are a lot of rea- should do something like the base clos- spent fuel in this country. As I have sons. It is remote. That is certainly ing procedure, where we name a group said before, the public has never been one. The weather is pretty stable out of qualified people to determine a site. exposed to radiation from spent fuel there. You can observe the testing very The problem we have with this legisla- cargo even in accidents. Between 1971 well. They had a trained work force. To tion is nobody wants to face the reality and 1989 the Department of Transpor- some extent I suppose there was some of making the decision now. They want tation tells us that there were seven economic reasons. But it is not my to put it off. The administration does minor accidents involving trucks car- State, and it is not appropriate that I not want to have it happen on their rying waste: Flat tires, and various evaluate the rationale that went into watch. They would just as soon have it other things. But no radioactivity was it. But that is the site. happen on another’s watch. We could released in any of the accidents. That When we look at all other factors and easily put this off to another Congress, is because transportation canisters are recognize that nobody wants to store but we are cheating the taxpayers be- designed to maintain their integrity waste, the fact that we have it in 40 to cause the liability for nonperformance during severe accidents. They have 41 States, and the fact that we are of the contract is going to face us next been used for thousands of safe ship- going to have to move it regardless of year. The longer we keep that waste in ments over the years. As a matter of whether it is being moved to a tem- violation of the contractual terms, the fact, they were designing casks at one porary repository or eventually to a greater the liability to the taxpayer for time when they contemplated flying permanent one, the transportation fac- nonperformance, because Government the fuel. It was suggested that the tor is a given. simply passes that liability on to you technology existed for casks to be de- So I hope that those that are con- and me, and we pay for it. signed for a 30,000-foot free fall. And I cerned about transportation recognize As I said, we have spent $6 billion am told that they could design it. a couple of things: One, they may have here at Yucca. We are going to be Nevertheless, the canisters that are waste in their State already. It may be spending about $30 billion by the time depicted here in the picture, the design military waste. It may be naval waste. it is completed. We have been trans- approved by the NRC for spent fuel It may be waste from some other activ- porting waste fuel around this country transport have demonstrated a remark- ity associated with their university, or for 16 years. We sit, today, with 80 sites able ability to withstand falls of 30-foot they may have nuclear power. If you in 41 States and we are even having drops. And these are tests that were want it to stay there indefinitely with some Members suggest that all they made into a national unyielding sur- no action, then that is the status quo. want from this legislation is the assur- face. There was no penetration from a And that is where we have been. But if ance that it will not be put in their S2824 CONGRESSIONAL RECORD — SENATE April 8, 1997 State. I suppose we could go back to a Let me just very briefly retrace some risk-based standard rather than a 100 6th grade mentality—and pursue a se- of those issues for us. In effect, what millirem standard. They have rec- ries of amendments from virtually ev- this legislation does is to gut a process ommended the protective standard be erybody, in all the 50 States with the that was a bipartisan piece of legisla- defined by a critical group: a small, exception of one. I would hope that tion, the National Environmental Pol- relatively homogeneous group be rep- would not happen. I would hope we can icy Act of 1969. If you look at page 47, resentative of those expected to receive recognize our obligation as par- and you go through a number of the the highest doses. That is not included. liamentarians and address this with a specific provisions there—and we will They maintain that, in terms of the resolve that suggests the way to move debate this, I suspect, at greater length length of time, because nuclear waste on this thing, and move now, is as pro- during the course of the week—but the is lethal for thousands and thousands posed under this legislation, which act virtually emasculates the provi- of years, there should be no cutoff pe- would provide, after the viability is de- sions of the National Environmental riod of time, that there must be an termined on Yucca Mountain as being Policy Act. It says, yes, there will be ability to protect for thousands of a permanent site, which is anticipated an environmental impact statement, years. What does S. 104 provide? That sometime next year, to then allow a but the statement may not consider you can only consider the first 1,000 temporary repository to occur in the the need for interim storage, the time years. I suppose, whether you are an Nevada desert at the Nevada test site. of initial availability, any alternatives advocate for term limits or not, we If somebody else has a better sugges- to spent fuel storage, any alternatives would all agree that 1,000 years is not tion for a response to the obligation we to the site of the facility, any alter- going to affect anybody in this Cham- have now, why, I am certainly willing natives to the design, the environ- ber. But, I mean for something that is to consider amendments to the pending mental impact of the storage beyond deadly for 10,000 years and beyond, that legislation. the initial term of the license, which is is simply irresponsible to put those Mr. President, recognizing the time 20 years. This makes an absolute mock- kinds of handcuffs on. element that we have, I ask how much ery of any kind of profession that this Human intrusion—all of the sci- time remains on the side of the pro- follows NEPA, the National Environ- entific community acknowledges there ponents? mental Policy Act, of 1969. is no scientific basis for assuming there The PRESIDING OFFICER. The Sen- There are other provisions as well would be no human intrusion during ator from Alaska controls 40 minutes that refer to the preemption of all Fed- these thousands and thousands of and 50 seconds. eral environmental laws. That is sec- years. The statute we are dealing with, Mr. MURKOWSKI. I thank the Chair. tion 501. We have talked about that ex- S. 104, directs just the contrary, to Mr. President, I yield to my colleague tensively during the course of the de- make an assumption that there is to be at this time. bate. There are standards which are no human intrusion. The PRESIDING OFFICER. Who compromised in this provision. For ex- The National Academy of Sciences yields time? ample, there is a statutory provision said that these raise complicated pol- Mr. BRYAN. Mr. President, I yield that occurs on page 56 that indicates, icy issues. There ought to be oppor- myself 20 minutes. rather than the Environmental Protec- tunity for wide-ranging input from all The PRESIDING OFFICER. The Sen- tion Agency having the ability, inde- interested parties. These are set by ator from Nevada is recognized. pendent and unfettered, to make a statute, under S. 104—no public com- Mr. BRYAN. Mr. President, I want to judgment as to what the correct stand- ment. return to what I think is the fun- ard would be in terms of radioactive So, I must say that in terms of damental flaw in this legislation, and emission exposure, it sets a 100 science, in terms of fairness, in terms that is that it is unneeded, unwise, and millirem standard by statute and re- of health and public safety, this piece unsafe. When you ask who wants this quires the EPA to affirmatively prove of legislation is a disaster not only for legislation, the only one that is really that the overall system performance my State but for America. pushing it, the driving force, is the nu- standard would constitute an unrea- I want to speak for just a moment clear utilities. That is where this all sonable risk to health and safety. about the transportation issue and comes from. Every environmental or- We did not do that anyplace else in some of the film footage that has ap- ganization in the country has ex- terms of the WIPP facility which was peared. First, I think it is important pressed its opposition. The scientific debated last year. The two able Sen- for us to understand that, although Ne- community—the Congress established ators from New Mexico made forceful vada, under this legislation, is the ulti- the Nuclear Waste Technical Review statements that they believed, because mate repository on an interim basis, Board. I will repeat for the benefit of the WIPP facility was going to be oper- there are some 43 States, 51 million my colleagues, in 1989 a commission ational in their State, they had the ex- Americans who live within a mile of was part of the review process. They pectation that EPA would establish the each of these major corridors. The red said there was no safety advantage to highest possible standards to protect depicts the highways, the blue depicts interim storage. In 1996, we have a re- the health and safety of New Mexicans. the rail. port from the Nuclear Waste Technical Who among us could disagree with You are going to have, wherever you Review Board that said there is no ur- that? But that is not the standard for may be looking on this map here, you gent technical need for centralized us here in Nevada. The EPA is con- are going to have roughly 16,000 ship- storage of commercial spent fuel. strained and limited, in terms of what ments that would pass along these cor- There is no safety factor to consider. it can do, and here is an example of 100 ridors—16,000. It has been suggested And the same technical review board, millirems of radiation, S. 104. There is that the Department of Energy is expe- constituted with new members in 1997, safe drinking water, other low-level- rienced, but I think to put this in some has offered testimony to the effect that waste facilities—the WIPP facility, context, Mr. Dreyfus, who was the head it would be a very unwise decision be- which I just mentioned, has a standard of the Radioactive Waste Management cause it would interfere with the per- of 15 millirems during the course of a Office, an individual well known to my manent siting process. year. So this thing is absolutely so colleagues, having testified before the That was testimony that was given phony in terms of any kind of protec- Energy Committee on a number of on February 5. So, if we are asking tion for health and safety, it ought to times, says this: ‘‘Material like this,’’ about science and the scientific com- be something of concern to any legisla- referring to nuclear waste, ‘‘has been munity, they have expressed them- tor, irrespective of where the final des- moving around for a long time. So that selves. They said this is not a good tination may be. is not a technical challenge,’’ he says. idea. If you are asking about the envi- Let me say, the National Academy of ‘‘But compared to the kind of cam- ronmental community, where they are Sciences—these are scientists, not peo- paign what we are talking about, what coming from, they are saying it is not ple selected by the Governor of Nevada the industry has been doing up to now a good idea. or the Nevada congressional delega- is trivial. We are talking about a mag- Yesterday, I spent a few moments tion—go through a whole list of things nitude of many times greater. We are talking about the specifics of the bill. they recommend. They recommend a talking about 16,000 shipments.’’ April 8, 1997 CONGRESSIONAL RECORD — SENATE S2825 Since 1975, the Nuclear Regulatory a bailout for the nuclear power indus- payers, because after 1998, they will not Commission reported shipments that try. Dating back to the time of the in- have permanent storage available. In are sent by rail or by truck averaged ception of the Nuclear Waste Policy each of the Congresses in which I have approximately 900 miles or less. We are Act, it was always agreed that the util- served, we have offered legislation that talking about thousands of miles. As ities themselves should pay for the would entitle the utilities to an offset; the occupant of the Chair knows, our storage and ultimate disposition of that is, to the extent that the storage States are in the West and far removed high-level nuclear waste, and the would not be available in 1998 and they from most of these reactor sites. So, I mechanism established was to estab- would incur additional expense, as they think it is important to make that lish a nuclear waste trust fund in will, that should be an offset or a re- point. which ratepayers would pay at the rate duction in the contribution that they Let me add a couple of other things, of 1 mill for each kilowatt hour gen- pay into the nuclear waste fund so that if I may here. First of all, the casks erated into this trust fund. That is the the utility ratepayers do not pay twice. that have been shown have no rel- current way. I think that is fair. I think there is a evance to this debate—none. The casks Here is what this bill does. Rather reasonable argument to be made there, that would be used for shipping have than have the ratepayers pay for the and the administration believes that. not been designed. They are not in ex- ultimate cost, this bill very cleverly As recently as this past month, there istence. The casks that are used in the transfers the liability and responsibil- were discussions to provide compensa- film prepared by the Nuclear Energy ity to the American taxpayer. The year tion to the utilities because permanent Institute refer to a previous generation 2033 is the last year, under currently li- storage will not be available after 1998, of smaller casks. Those are not what is censed nuclear reactors, that there will and it was rejected by the utilities. contemplated. Those are not what is be reactors in operation. Currently, They do not care a wit about that. contemplated. We are talking about a under General Accounting Office actu- That is not what they are interested in. new generation of casks, casks that do arial projections, the fund is from $4 They are interested in getting the tax- not meet standards which we believe billion to $8 billion underfunded in payer to bail them out for the money every such cask should meet. terms of what will be required, because that will take beyond the year 2033, to For example, it requires a 30-minute as each reactor goes off line, it no the year 2071, to, in effect, take care of exposure to a fire at 1,475 degrees. How- longer contributes to the fund. The last the expenses of the nuclear waste that ever, diesel fuel burns at an average of reactor goes off line in the year 2033, they generated—that they generated— 1,800 degrees and can reach 3,200 de- and it is required that the expendi- that they have made profits on over all grees. So the 30-minute proposed stand- tures, in terms of dealing with that these many years. So there is not an argument of equity we are addressing ard for these yet-to-be-designed and waste, continue until the year 2071. So here, because not a single provision in produced casks does not address real years after the last mill is deposited world accidents, where train wrecks S. 104 addresses the question of equity. into the nuclear waste trust fund, ex- We have a piece of legislation which can burn for hours, if not for days. penses will continue. As I have indi- we have introduced, again, this Con- None of the tests would require that cated, right now the General Account- gress which we have previously intro- kind of protection. ing Office says this fund is $4 billion to duced, which says, ‘‘Look, after 1998, The NRC has estimated that 6 out of $8 billion underfunded. yes, you don’t get the permanent stor- every 1,000 rail accidents could cause It is contended that the ratepayers age that was contemplated, we under- fundamental damage that will cause have not gotten what they bargained stand that.’’ There is no conceivable the cask to fail. Given the 16,000 ship- for. That is certainly not true now, and way that could occur. If this bill was ments that are contemplated, that the surplus that is in the account is de- passed tomorrow and signed into law, comes to 96 accidents where the NRC- signed to take care of those years from the 1998 deadline could not be met for approved standard would fail. I submit 2033 to 2071, where nothing will come at least probably to the year 2001. that is not great comfort to those mil- into the fund by way of a mill-tax levy The administration has offered to lions of Americans who are going to be because there will be no power gen- provide compensation to reimburse along the route. erated from those reactors. utilities for the additional costs in- The NRC claims the cask design will Here is a very, very clever way of curred, and our legislation would spe- prevent radioactive leakage in severe shifting the liability to the American cifically do so. So this has not one accidents. But the cask design has taxpayer. This bill, in its present form, thing to do with ratepayers being never—repeat, never—been tested in caps the amount of contribution, even charged twice. They are given an op- lifelike situations. In one computer though the current fund is underfunded portunity for relief, if they want it, in simulation, the NRC chose four real- by $4 billion to $8 billion at 1 mill per the legislation that my senior col- life severe transportation accidents kilowatt hour, and after the year 2003, league from Nevada and I have intro- and applied these conditions to a cask it says that the only mill tax that can duced. So let’s put that to rest. meeting NRC specs. be collected would be the amount nec- The lawsuit. The lawsuit changes In one of those real-life accidents, essary to pay for the appropriation nothing. The lawsuit was finalized last which involved a 1982 train derailment from the fund that year, providing no year before we concluded our date on and fire in Livingston, LA—this was an revenue for the outyears. 1936, the predecessor to S. 104, and the accident that occurred and a fire that So this is corporate welfare, this is lawsuit simply provides that there is a resulted—the NRC publicly acknowl- corporate pork, this is a new entitle- legal obligation on the part of the De- edged that the high temperatures ment program which will cost the partment to take the waste at some would cause an NRC-approved cask to American taxpayers literally billions point down the line. There is a legal fail. In their words, ‘‘the radiological and billions of dollars in the outyears. obligation. It in no way suggests that hazard would exceed compliance values Everybody acknowledges that the the waste would be physically removed by up to a factor of four.’’ 1998 deadline that was put into the act by 1998, and it could not. This is not some theoretical acci- in 1982 cannot be met. I would say par- So when you look at the contract, dent, a hypothetical. This is an acci- enthetically, that was not a scientific each of the utilities under the 1982 act dent that occurred in Livingston, LA, date that was put in. Indeed, there was entered into a contract with the De- in 1982, and the NRC said the standards resistance in 1982 because it was felt partment of Energy, and that contract they propose would not have protected that that time line was too short. This simply says that in case there is an a cask under their proposed design was a deadline that was pushed by our avoidable delay, the utility is entitled from releasing radioactivity. That is friends, once again, from the nuclear to an offset in terms of what is being not much comfort, that is not much as- utilities. So it is unfair to blame the paid into the nuclear waste fund by the surance for those who are going to be Department of Energy and the sci- amount of additional expense they along the highways and railways. entific community for 1998. This was a incur. That is the remedy, that is fair, Let me address an issue that I think deadline pushed by the utilities. that is the law. has not received the kind of attention I believe that there is equity and The distinguished Presiding Officer is that it should, and that is, this bill is fairness to be provided to the rate- suggesting that my time has about run S2826 CONGRESSIONAL RECORD — SENATE April 8, 1997 out. I reserve the remainder of the oppose the legislation. They oppose the year, and now the new chairman this time and yield the floor. legislation because it is dangerous for year, that ‘‘There is no urgent, tech- The PRESIDING OFFICER. Who the environment. It would be different nical or safety reason to move spent yields time? if there was an equal balance, half of fuel to a centralized storage facility.’’ f them supported it and half of them did So there is no emergency. not. Every one of them—it is exclu- Moreover, existing contamination VISIT TO THE SENATE BY FRENCH sive—all environmental groups oppose from early nuclear tests is not at all PARLIAMENTARY DELEGATION this legislation. comparable to the potential contami- Mr. MURKOWSKI. Mr. President, I Let me also say, Mr. President, one nation from premature and reckless ask unanimous consent that the Sen- of the things being lost in this debate storage of spent nuclear fuel in Nevada. ate stand in recess for 2 minutes in is the fact that as we speak hundreds of Mr. President, one transportation order to allow the Senate to greet a millions of dollars are being spent in container of spent nuclear fuel con- French parliamentary delegation that characterizing the repository at Yucca tains about the same amount of radio- is visiting us. Mountain to determine if in fact that active waste as 200 nuclear tests. One f site is going to be scientifically safe for transportation container that will storage of nuclear waste. I repeat, this travel through the State of Colorado RECESS past year hundreds of millions of dol- and many other States in this country There being no objection, the Senate, lars have been spent. Next year the contains the same amount of radio- at 3:54 p.m., recessed until 4:01 p.m.; same—hundreds of millions of dollars active waste as from 200 nuclear tests. whereupon, the Senate reassembled will be spent characterizing that site. We are contemplating more than when called to order by the Presiding Let us not lose sight of the fact that 15,000 shipments of spent nuclear fuel. Officer (Mr. KEMPTHORNE). this legislation is a way to avoid the Some of these shipments will have two f permanent repository. The very power- containers. So more than 3,000 times the amount of contamination from the NUCLEAR WASTE POLICY ACT ful, greedy nuclear industry that is promulgated by the utilities, basically nuclear testing program—3,000 times as AMENDMENTS—MOTION TO PRO- much would be stored in the reposi- CEED what they want to do is short-circuit the present system. They do not want tory. Measured another way, each nuclear The Senate continued with the con- to take their chances at Yucca Moun- explosion generates 125 pounds of ra- sideration of the motion to proceed. tain in having a safe, scientifically dioactive material per megaton of The PRESIDING OFFICER. Who characterized site. They want to cir- yield. The average yield of tests con- yields time? cumvent the system. They want to do ducted in Nevada is much less than the Mr. REID. Mr. President, I yield my- away with environmental laws. They maximum yield permitted under the self 25 minutes. want to void the present law that says The PRESIDING OFFICER. The Sen- limited test ban treaty. Assuming the you cannot have temporary storage in average yield to be about 85 kilotons, ator may proceed. the same State where a permanent site Mr. REID. Mr. President, first of all, the total testing program in Nevada is being considered. would have generated only about 5 tons let me respond to a number of things Why have we not heard anything of radioactive waste. brought up by my friend, the manager about Yucca Mountain? That used to of this bill. They are trying to move, with this be the big debate. Because the nuclear cheap legislation, 70,000 tons of nuclear First of all, he is right about nuclear industry wants to avoid Yucca Moun- power. It produces a lot of electricity waste to Nevada. So anyone who com- tain. They want to do it the cheap way. pares the nuclear tests in Nevada, in the United States. But everyone rec- We have heard raised continually the ognizes those days are numbered. The which build up 5 tons of radioactive fact that Nevada used to be a place waste, are either exaggerating, deceiv- average life expectancy of nuclear where they set off bombs, atmospheric power in the United States is 15 years. ing the American public, or do not tests and underground tests, and more know what they are talking about. After that it is going to be gone. than 900, almost 1,000 of those tests And anyone who wants can make As I indicated yesterday, it might be have been detonated. their choice of the three. The fact is, 25 years with one of the reactors and it As I stated, the State of Nevada has scientifically, we have 5 tons of radio- may 5 years with another. But nuclear sacrificed significantly for that. We did active waste compared to 70,000 tons power is all through in this country. It it because there were hundreds, thou- that they are going to try to haul simply is too dangerous, and everyone sands, tens of thousands of nuclear along the railways and highways of knows that. warheads pointed at the State of Ne- this Nation. I will also speak to the question of vada and the United States. Con- Is it any wonder, Mr. President, that what to do with spent fuel. That ques- versely, the United States of America entities—cities, municipalities, coun- tion has been raised. Senator BRYAN pointed their weapons at the Soviet ties—throughout this country have and I continually answer the question. Union. The cold war has terminated. I passed resolutions saying: Do not bring It is very easy. We should leave it repeat, this ended a dangerous era. It it through our cities. where it is—capsulated in the spent was a time of national crisis. We were Complete and enduring isolation of fuel rods kept in dry cask containers. all called upon to do what was nec- this highly radioactive material is nec- As Senator BRYAN mentioned today essary to protect this country. The essary if we are to avoid many times and I mentioned yesterday, there State of Nevada did its share. We did the danger and damage caused by the would be no fire that would damage the what was right at a time of crisis. nuclear testing program. dry cask storage containers as would The time has come now, though, to Mr. President, there has also been a happen in a diesel truck or train. There understand that that was then and this lot of debate on this floor about onsite would be no accident that would occur is now. There is presently no danger storage of spent nuclear fuel: It is driving at speeds that would rupture that would drive us to endanger our en- going to break the country. It is going the casks. It is safe and it is cheap. vironment or public by reckless and ill- to break the power generating compa- That is what should be done with nu- conceived actions. That is what this nies. clear waste for the foreseeable future. legislation is. Well, let me just say this. This is, for I will also state, Mr. President, that There is no nuclear waste crisis that lack of a better description, a scare the question still has never been an- any objective and competent study has tactic. It has no foundation in fact. swered: What about the environmental been able to uncover. The Nuclear Those who are propounding this have groups? Hundreds of them oppose this Waste Technical Review Board has tes- dismissed any thought of risk to the legislation—not two or three, not 20 or tified to the lack of urgency and crisis environment or to public health and a couple score, but hundreds that are with respect to moving spent nuclear safety, and any mention of such risk is now a part of the record. fuel from its generation sites. The waved away as scare tactics. No question has ever been answered chairman of the board, under the direc- The Nuclear Waste Technical Review as to why these environmental groups tion of this Congress, testified last Board—remember we keep referring to April 8, 1997 CONGRESSIONAL RECORD — SENATE S2827 this because it is a scientific body that clear generation, average about 17 per- payable to the nuclear power industry. we have deemed legislatively to tell us cent of total revenue. If that is not scare tactics, I do not what to do with nuclear waste—the Nu- Mr. President, this chart which I know what is. The actual incremental clear Waste Technical Review Board have here—these are in thousands of cost, until a permanent repository is agrees that new transportation con- dollars, so this is a billion. Common- operational, is clearly not that much, tainers deserve full-scale testing to as- wealth Edison, $1.083 billion net profit. it is not even close. The cost is neg- sure that these are as durable as those This is not gross profits; net profit, ligible compared to their profits. designed, tested, and procured many, 17.25 percent. Not bad. The Department of Energy has done many years ago. You can pick any one of them you a study that predicts $8 million as the That has not been done. The Tech- want. Virginia Electrical, $731 million average fixed cost for onsite storage fa- nical Review Board agrees that we are net profit, 17.54 percent. cility. They estimated the operational not ready to undertake this massive Look at it. 20.5 percent, 18.9 percent. costs of onsite storage to be about program of nuclear waste shipments. The average, Mr. President, as I have $750,000 per year for operating reactors, That is why they have said, do not ship indicated, have profits of more than 17 and as much as $3 million for shut- them. The scientific body, I repeat, percent. down reactors. this Congress has designated to tell us I handled a case once. I sued Safeway Here is a monopoly that is gouging how to deal with nuclear waste, has Stores. The jury said I was entitled to an obscene profit from customers at a told us, do not ship it. punitive damages. I can remember 17-percent rate, claiming it should be The board agrees that a lot of plan- going back trying to get discovery, get- awarded damages of $80 billion when ning is necessary and that it is crucial ting information from Safeway Stores. the actual costs are less than $2 billion. for emergency response teams all along I was astounded. Safeway Stores, with How is that? The industry and their the planned routes to be provided with the tremendous volume they had, had congressional supporters want the tax- equipment and training for managing made less than 2-percent profit. It was payer to add to the industry’s already the accidents that will happen, even 1 percent-plus. obscene profits by awarding them bil- with the best of planning. Our utilities who are crying, ‘‘We’re lions of dollars that they did not earn, The Nuclear Waste Technical Review starving to death,’’ are making reve- do not deserve, and did not spend. I am Board goes further. They agree with nues of $1 billion, 17.25 percent profit, here to tell everyone within the sound the Senators from Nevada that it is ab- an average of over 17 percent. Safeway of my voice that the nuclear industry solutely critical that the promise of Stores are making less than 2 percent, will not get away with this nuclear ex- objective characterization that we but our utilities, struggling as they tortion. That is what it is. have been given in years gone by be are, are averaging 17 percent. These are I wish words could describe my ap- completed before any nuclear waste is only the nuclear utilities, because they preciation for the President of the shipped to Nevada. The board agrees are doing better than the rest. United States saying he will veto this that the 105th Congress should honor So the so-called retained earnings of legislation. Mr. President, the Con- those promises made in earlier legisla- power utilities with at least 20 percent stitution of this country was not draft- tion. of the power they generate by nuclear ed to protect the majority. The Con- The board agrees that serious uncer- energy averages about 17 percent. The stitution of the United States was tainties remain with respect to Yucca simple interpretation of these numbers drawn to protect the minority. There is Mountain’s suitability. The board’s is that once the industry pays its oper- no better example of that, there is no chairman testified to these concerns ating costs and its capital mortgage better example of how this Constitu- during the S. 104 hearings. obligations its profit is about 17 per- tion works than this legislation. Last But let us go forward with Yucca cent from all the revenues collected year, 37 brave Democrats and Repub- Mountain. Let us not short circuit the from the customers. Not bad. licans said, ‘‘We think this is bad legis- system and have this legislation which A reduction of this obscene profit by lation.’’ They were following the con- is being promulgated and propounded just 1 percentage point, reducing the stitutional dictates that said if there and pushed by the very powerful nu- average profit from 17 to 16 percent, are enough votes to sustain a veto, clear utilities in this country. would completely cover the ratepayers’ that legislation is history. It was his- The board agrees about these uncer- fees that are collected to pay for man- tory last year. It will be this year. We tainties. The board agrees that this aging the waste, that was generated to are wasting the taxpayers’ time be- process must proceed objectively with- the benefit of both the ratepayers and cause the Constitution protects the mi- out a hint of prejudice of even the ap- the industry. nority. That is what we are doing here. pearance of a premature decision. So, Mr. President, these pious com- Now, there has already been a day in Without this promise of high quality, plaints from the nuclear industry and court which affirmed that the contract objective assessment, the American from the sponsors of S. 104 that the between DOE and the generators of people will never believe that perma- ratepayers are being gouged, are actu- this waste calls for DOE to deal with nent disposal of spent nuclear fuel can ally accurate. The problem is the goug- this spent nuclear fuel beginning in be done safely. er is the industry, not the Government. 1998. The court specifically avoided dis- So, Mr. President, we are not using They, the industry, are the gouger. cussion of a remedy, should DOE not scare tactics. We are merely standing They are the gougers. honor the terms of the contract, since up for the public health and safety of So for their next scare, their next a deadline has not been reached. More- our country’s environment and for pro- fright, S. 104 advocates in the industry over, the standard contract clearly tecting the public confidence in the have developed their own views on how contains language for remedies for fail- final disposition of spent nuclear fuel. much more the storage costs of the nu- ures to meet its terms. They are condi- Instead of doing their job, the nu- clear waste would be until this perma- tional. It is likely, should a court get clear power industry, this powerful, nent repository is operational. This is involved in determining the remedies— disingenuous industry, and its lobby a dandy. Here is what they come up which will probably never happen—the are busy using scare tactics to try to with here. They are saying that they case will focus on conditions leading to saddle the American taxpayer with the will have to pay $80 billion, that is the breach. They are very clear if it is costs of managing the consequences of what it will cost the taxpayer. They the fault of DOE, they pick up the cost. all of its profits. might as well pick a figure of $400 bil- We know that. But the deadline has These profits are, for lack of a better lion. It has as much relevance. They not been passed yet. It is unlikely any description, Mr. President, obscene. could have picked $80 dollars with as court will rule on breach of contract The nuclear power industry is required much relevance. They do not know remedy prior to contract violation. to report its costs and revenues annu- what they are talking about. It is ridic- DOE has made a good-faith effort to ally. All utilities must do this because ulous. involve the industry in developing the they represent a virtual monopoly. The Sponsors of S. 104 have argued that solution to the real problems that no so-called retained earnings of power only passage of this bill will relieve repository exists prior to 1998. That utilities, with at least 20-percent nu- every American family of a $1,300 bill, good-faith gesture has been rejected S2828 CONGRESSIONAL RECORD — SENATE April 8, 1997 and rejected and rejected by the indus- The PRESIDING OFFICER. The Sen- place where it is reasonable and re- try and the sponsors of S. 104 to justify ator from Idaho. sponsible, if the kinds of geologic test- their efforts to rip off the taxpayers, to Mr. CRAIG. Mr. President, thank ing that are now going on confirm the justify their threats to seek billions of you. I thank my chairman for yielding, fact that we can build an underground dollars in compensation for a $2 billion and I am pleased to hear the news that deep geologic repository near this loca- incremental cost. we can move to this bill without clo- tion, then we can put an interim stor- The industry does not want a resolu- ture, starting tomorrow. It appears age facility here it would ultimately tion of this permanent repository di- that agreement is very close at hand. serve as a receiving and conditioning lemma. If one were found, they would In fact, I understand it is fine now, so facility for transferring the waste to not be able to unload all future costs to I yield back to the chairman. the deep underground geologic storage. the taxpayer. Remember, Mr. Presi- UNANIMOUS-CONSENT AGREEMENT Weapons explosions have gone on dent, this boils down to the fact that Mr. MURKOWSKI. Mr. President, I here for decades. As I listened to my you can store nuclear waste onsite, as renew my request at this time. I ask colleague, the senior Senator from Ne- I indicated, for $750,000 at an oper- unanimous consent the cloture vote vada yesterday, I got the sense that he ational site. So the costs are neg- scheduled at 5:15 today be vitiated, and is dead set against any nuclear mate- ligible, but they are not willing to do further the Senate begin consideration rials in his State of Nevada. All I have that. of Senate bill 104 at 1 p.m. on Wednes- to do is remind the Senators of Nevada, They would be pleased to see S. 104 day, April 9. this is Nevada. This is where, for dec- succeed since they know an interim The leader advises me, for the infor- ades, our nuclear testing has gone on, storage facility in Nevada would be- mation of all Senators, there will be no on Federal properties, in that State. Is come the permanent resting spot for rollcall votes during the balance of to- it not reasonable to assume that the all the waste. In this instance, ‘‘in- day’s session of the Senate. Senate ought to have the right to look terim,’’ by the dictionary of those The PRESIDING OFFICER. Without at and make consideration of this facil- pushing S. 104, means forever. That objection, it is so ordered. ity as an interim site? Mr. MURKOWSKI. I yield back to my needs to stop. I recall, however, that last year my colleague. colleague from Nevada did support the Again, I congratulate publicly the The PRESIDING OFFICER. The Sen- restart of underground nuclear testing President of the United States for ator from Idaho. standing by something that is right. Mr. CRAIG. Mr. President, the unani- at this very site. Now, Mr. President, I We know politically there are big utili- mous consent that our chairman has do not mention this to be critical to ties that are telling the President, Oh, just put before the Senate and has been any Member who supported the testing do not do this. The President is stand- accepted is good news. It is good news program—the kind of program which is ing for principle, and the people of this that we can move immediately to con- vital to both States and to our na- country should admire and respect that sideration of S. 104 starting tomorrow tional interests. Defense missions are because this is going to prevent nu- afternoon. important, and we have to recognize clear garbage from being hauled I think it also portends what we all and balance the issues. When I say through the streets, highways, and know here, that S. 104 has a substantial that, of course, I defend the right of my railways of this country. I hope the majority support in this Senate and colleagues to defend their interest. But President gets his due deserve for doing the Senators from Nevada recognize, it is time we look at national interests the right thing. and we appreciate their recognition of in the context and in the balance. Let I reserve the balance of my time. the fact, that this is an issue that is of us talk about what underground nu- The PRESIDING OFFICER. The Sen- national scope. While I understand and clear tests involve. ator from Alaska. appreciate their strong defense of Ne- These pockmarks, as you see here, Mr. MURKOWSKI. Mr. President, I vada, I also can recognize the need to represent the drilling of a deep hole ask unanimous consent the cloture speak nationally about a national and the exploding of a nuclear device vote scheduled for 5:15 this afternoon, problem and the responsiveness of within that. These explosions leave all subject to the clearance from the rank- States, like yours and like mine, who of these same nuclear components—the ing member of the Energy Committee, wish to find safe, sound, environ- same ones that we talked about as be contemplated to be vitiated, and mentally recognized storage locations being contained in the spent fuel and further Senate action begin on Senate for both high-level waste and nuclear the high-level waste that we want to bill 104 for consideration at 1 o’clock spent fuel, to seek that location in the dispose of in an underground storage on Wednesday, April 9. Yucca Mountain facility that is cur- facility near the test site. I suggest, I ask the Chair to withhold because I rently under investigation. Mr. President, the kind of storage we am just advised that there is one clari- What I wish to do this afternoon is are talking about is going to be quan- fication needed. address several points that have been tum safer, quantum safer, than the Mr. CRAIG. If you are waiting for a raised by my colleagues from Nevada, kind of explosive activities that went clarification, I am more than happy to some of them yesterday, and some of on this terrain during the past decades. go ahead and speak and allow interrup- them today. Before I do that, however, Nuclear testing was allowed at this site tion at anytime necessary to clarify. I want to turn briefly to the subject of for decades. To our knowledge it has Mr. MURKOWSKI. I am happy to underground nuclear weapons testing. not caused serious concerns for the withdraw, if there is no objection, the Yesterday, I addressed this body and water table, or the types of standards unanimous-consent request. discussed in general terms the Nevada we are requiring for a geologic reposi- Mr. BRYAN. I think the essence of test site. I referred to a photo which I tory at Yucca Mountain. what the chairman has proposed is have here again behind me which is the Now, I ask my colleagues to consider agreeable to the Senators from Nevada, Nevada test site. I asked my assembled this. I want to quote from my former and I think implicit in what the chair- colleagues to consider whether an in- colleague, the Senator from Louisiana, man said is we will actually go on the terim storage site for spent nuclear Bennett Johnston, when we debated bill at 1 o’clock tomorrow. fuel and waste could really have a det- this matter last session. This is Sen- Mr. MURKOWSKI. That is the intent rimental impact on this land. Every ator Bennett Johnston speaking. ‘‘If it of the unanimous-consent agreement. one of the pockmarks in the landscape is safe to conduct hundreds of nuclear Mr. BRYAN. I just wanted to clarify. is a product of underground explosions tests, it is much more safe to store I thank the chairman. of nuclear devices. This is the most ex- ** * nuclear waste under Yucca Moun- Mr. MURKOWSKI. Mr. President, I ploded area on the face of the Earth, tain in containers which themselves will withhold the unanimous consent maybe other than where the late So- pose quite a barrier to any contamina- pending a clarification from the rank- viet Union once did its underground tion.’’ ing member of the Energy and Natural testing, once it had stopped its atmos- Now, I wish to address several com- Resources Committee. pheric testing. ments that I heard yesterday, because I yield to my friend from Idaho, the What I am suggesting is that this is I believe some clarification, or even cosponsor of the bill. not a pristine environment. It is a correction, is necessary. We heard from April 8, 1997 CONGRESSIONAL RECORD — SENATE S2829 our Nevada colleagues that the Nuclear I am growing weary of a variety of onto a hard, immovable concrete slab Waste Technical Review Board has said charges that relate to S. 104 short- and have that container bounce and that an interim storage facility is sim- circuiting the science of the waste pro- stay whole time after time and even ply not needed. For the benefit of my gram. That is the argument that has suggest that the test itself wasn’t real colleagues who were not present at the been placed by my opponents, that life. It is extraordinary. It is well be- committee hearing on February 5, I am somehow the scientific progress gets yond the norm. compelled to quote directly from the short-circuited. That is unfounded. It We have heard that the fire test re- Chairman of the Nuclear Waste Tech- is done to create fear among those who quires a temperature of only 1,475 de- nical Review Board, Dr. Cohon, in his have not studied the issue thoroughly. grees Fahrenheit and that gasoline testimony before the Energy and Natu- It is always important on issues like fires can burn hotter than this. Well, ral Resources Committee. Under the nuclear waste and high-level nuclear we need to look at all of the param- heading of ‘‘Key Conclusions,’’ Dr. radioactive materials that science be a eters of the fire test to see if it is tough Cohon said: ‘‘A centralized storage fa- major player. Therefore, it is always enough for real-life accident condi- cility will be needed.’’ easy to wave the flag of ‘‘no science’’ tions. Let me repeat that. Dr. Cohon, Chair- and say it is an unsafe action or we In response to the gasoline concern, man of the Nuclear Waste Technical should not be doing that. That simply Lawrence Livermore National Labora- Review Board, said: ‘‘A centralized is not the case here; it has never been tory was asked to investigate if the fire storage facility will be needed. Plan- the case. The scientists have been at temperature required for testing was ning for it should begin immediately.’’ the forefront of all of these actions, hot enough. They concluded that when However, he did go on to state: and they have led the development of you look at all of the fire parameters, ‘‘There are no compelling technical or the whole process to the point of where not just temperature, but duration, in- safety reasons to move spent fuel to a we are. sulation, how the container is posi- centralized storage facility for the next This brings me to another area that tioned in the flame, look at all of these few years.’’ has been the subject of misinformation. factors in combination, actual fires ‘‘Technical or safety reasons * * *.’’ My guess is that it is just going to be would not exceed in overall severity Mr. President, you will notice that the subject of misinformation through- the fire test that the shipping contain- Dr. Cohon is silent on the other rea- out the debate—the issue of transpor- ers must go through. Now, this is one sons—contractual obligations, law- tation. During my remarks yesterday, of the best scientific labs in the world. suits, failure to implement the 1998 I went through, in some detail, the This is the best test that you can cre- deadline of the current waste act, fi- tests that are required to be performed ate anywhere to check the integrity of nancial liabilities. before the Nuclear Regulatory Com- the container. After doing so, they said Furthermore, as we all know and the mission will license the containers that that the container was adequate to DOE has acknowledged, it will take are used to transport spent nuclear fuel meet the standards and the risks in- more than a few years to license and over highways or railways. What I volved. construct an interim storage facility. would like to do is repeat that this has The overall point is that these issues Even if we were to begin today, right never been an issue, and it isn’t an and allegations have been investigated, now, immediately, it is still going to issue now. That isn’t to say it isn’t a tested, studied, and, in every case, they take time to make it happen and to political issue; it is a political issue, have been ultimately debunked. Again, make it happen through all of the Fed- but it cannot be argued on scientific my argument, my premise is that this eral laws and with an environmentally grounds, on engineering grounds and, debate has nothing to do with science, safe, sound, and acceptable design. most important, after the 2,500 loads of nothing to do with geology, to date, Dr. Cohon testified that steps leading nuclear material that have traveled nothing to do with engineering facts. to centralized storage ‘‘should begin across this country over the last sev- Those have all been established for dec- immediately.’’ That is exactly what eral decades, it cannot even be argued ades. Those facts are unrefutable. It Dr. Cohon was speaking of. S. 104 di- after the fact that somehow there was has everything to do with politics. rects that the steps leading to that in- an accident that resulted in human in- There are enough studies and papers terim storage be initiated. jury as a result of radiation. There on these issues to fill technical librar- Let me quote from the board’s second were accidents, but the containers and ies at every national laboratory across key conclusion on the interim storage: the material were totally safe. the country, including the Idaho Na- ‘‘Significant advantages can be derived We did hear an allegation yesterday tional Laboratory. It is time to move from siting a storage facility adjacent that it is so dangerous to transport beyond the hyperbole and scare tactics. to the repository.’’ these materials that we have never S. 104, the Nuclear Waste Policy Act That is what the board has said. That successfully licensed a shipping vessel of 1997, will allow the Government to is exactly what S. 104 does. For some for transportation of spent fuel. The fulfill the contractual obligation it as- reason, it is very difficult, if not abso- fact is, not only have spent fuel ship- sumed, under the law passed by this lutely incorrect, to portray that S. 104 ping containers been successfully test- body in 1982. The deadline for action on is somewhere out of step with the cur- ed and licensed, the Nuclear Regu- this obligation is just 9 months away. rent Nuclear Waste Policy Act or with latory Commission currently has over S. 104 will resolve the question of the board’s finding—this board of tech- 20 different types of shipping contain- what to do with spent nuclear fuel and nical and professional people who had ers—not 20 different containers, but 20 high-level radioactive waste in a time- been brought together for the purpose different types of shipping containers— ly manner. of establishing the findings necessary that it has successfully licensed. Let So I urge my colleagues, as we begin to build a permanent repository. me repeat that. It has successfully li- this debate tomorrow on S. 104, to rec- Dr. Cohon goes on to recommend censed them for use over highways or ognize that there are facts and there that an interim storage facility be lo- railways. These are containers that are fictions, and, most important, as is cated at the Nevada Test Site only have passed all of the tremendously quite typical on this floor, there are after site viability is determined. rigorous tests that I outlined for you politics. The politics of this issue is, Mr. President, let me dismiss another yesterday, such as the drop test, the you don’t want it to happen in your allegation from our opponents—that S. puncture test, the fire test, the water backyard, even if it’s now in your 104 short-circuits the viability process. immersion test; all of them have been backyard. You don’t want it to be It flat doesn’t happen, and the bill licensed under those standards. moved across the country, although we doesn’t proceed in that manner. S. 104 This brings me to another erroneous have moved it for years with no human sites an interim storage facility at the charge that I wish to dismiss. It is the risk from radiation ever having hap- Nevada Test Site after site viability is charge that these testing requirements pened. We have the greatest record in complete—not before viability, not in- are not adequate to meet real-life acci- the world for transportation. We have stead of viability, but after viability. dents. Oh, my goodness. I can’t imag- built the best science that national en- That is what the language of the pro- ine that even could be suggested. You gineering can allow. So what is the posed law says. don’t drop a metal container 50 feet problem? S2830 CONGRESSIONAL RECORD — SENATE April 8, 1997 Well, the problem is if you can argue to $64 million. While Colorado cur- supporters have used is footage with the issue long enough and if you can rently has no operating nuclear reac- respect to canisters that would not be drag your feet long enough, you can tors, they do have one commercial fa- used in the kind of massive shipments bring an industry that provides 20 per- cility that has a shut down nuclear re- that are contemplated here. cent of the electrical power of this actor, Ft. St. Vrain. Currently, the What is contemplated here is a can- country to its knees, because it is the costs of storage at Ft. St. Vrain are ister by rail that would accommodate logic of those who substantially oppose being paid by DOE, if DOE is forced to 20 to 24 fuel assemblies. That would be the nuclear industry that if you don’t pick up similar costs around the Na- the equivalent weight of about 125 responsibly deal with the waste created tion, it will be a hefty bill that I’m not tons; it is a rail cask. And each truck by that industry, ultimately the Amer- sure they can afford. Colorado also is cask would weigh at least 25 tons. So ican public will no longer tolerate the home to Rocky Flats, a facility that the standards are out there, but they generation of that waste and the indus- formerly made nuclear triggers. That have not yet been designed and built. try itself has to be shut down. facility also has waste that will ulti- What we are trying to do now is not mately end up at Yucca Mountain. There was a reference, at least lately, deal with what I have just said, but What other alternatives are there? If that the concerns expressed by the deal with the waste we have already the court is forced to decide the issue Senators from Nevada with respect to created. We have, for four decades in and they require the Federal Govern- the standards that have been proposed this country, created waste, whether it ment to pay the cost of onsite storage, for the new enlarged canister are be defense waste, Government waste, American taxpayers would pay $7.7 bil- standards that are more than adequate or whether it is commercial spent fuel lion over the cost of one central tem- to meet the task, and, indeed, that coming from commercial reactors that porary storage facility. Furthermore, there may be some scare tactics on our generate 20 percent of the electrical additional costs from inaction could part in referencing those. output of this country. It is only re- range from $40 to $80 billion. Where Let me just simply indicate that the sponsible that we deal with the waste would this money come from? Livingston, LA, fire—I want to be very we have, making sure, as other Con- Additionally, if this legislation isn’t clear on this—involved a 1982 train de- gresses have concluded, that it is in a passed, the next opportunity Colo- railment. That is a fact. The cir- single, safe, deep geologic repository radans will have for removal of this cumstances of that accident are not where we can rest assured of the kinds material will be in 2015. I find this un- theoretical or hypothetical. They are of environmental integrity and safety acceptable currently, Colorado has real. The Nuclear Regulation Commis- the American public expects. waste stored near millions of people on sion itself—not a group of Nevada leg- That is really what S. 104 is all the Front Range. It is a hazard that we islators or the scientists that have about—Federal obligation, Federal re- should fix, and this legislation is part been engaged by Nevada to argue the sponsibility, liability to taxpayers, of fixing that problem. case here but the Nuclear Regulatory sound environmental activity, and Both of these sites have waste that Commission itself—applied the condi- wanting to find that single safe reposi- will ultimately be shipped to Yucca tions in the aftermath of the Living- tory to which all of the waste from 41 Mountain. From Ft. St. Vrain there is ston, LA, fire to the standards that are States and over 80 locations can go. about 16 metric tons of spent nuclear to be used in this new enlarged cask I think it is important that we move fuel and from Rocky Flats there is con- configuration and acknowledged that ahead in a timely fashion. I am pleased taminated plutonium that, once it is the high temperatures in that fire—not we can move to the debate tomorrow. I vitrified, will be sent to Yucca Moun- a theoretical fire—would cause an hope that we can deal with the nec- tain. My State needs this legislation, NRC-approved cask to fail. In their essary amendments that would come and has paid for this legislation, since words, ‘‘The radiological hazard would up and that by the end of the week, we the inception of the waste fee Colorado exceed compliance values by up to a can move to final passage on this im- has paid roughly $300,000 to the Nuclear factor of four.’’ But the thing that portant legislation. Waste Management Program. We ex- needs to be emphasized—this is not I yield the floor. pect the Federal Government to honor some theoretical, unrealistic, utterly Mr. ALLARD. Mr. President, I rise in its commitment. fantastic, farfetched, bizarre set of cir- support of the cloture vote on S. 104. Congress has the obligation to sup- cumstances that have been conjured The Nuclear Waste Policy Act of 1997 is port this legislation with or without up. This relates to a real-life accident a crucial piece of legislation that de- support from the administration. We in 1982. In that accident, with the fire serves the support of both sides of Cap- have an obligation to act responsibly, temperatures that were engendered as itol Hill and the administration. It is even if the administration won’t. Once a consequence of that derailment ap- responsible legislation, necessary legis- again I thank Mr. CRAIG and Mr. MUR- plied to the standards which the NRC lation, and legislation that when en- KOWSKI for their leadership. is proposing for this new canister con- acted will provide the utmost safety Mr. BRYAN addressed the Chair. figuration that would accommodate 20 for our constituents. The PRESIDING OFFICER. The Sen- to 24 fuel assemblies, it would fail. A S. 104 provides for the safe transport ator from Nevada [Mr. BRYAN] is recog- radiological hazard would be created. of nuclear waste from numerous sites nized. around the Nation to one safe, central Mr. BRYAN. Mr. President, debate is That is a statement not by the Senator location in Yucca Mountain. The De- winding down today. I know we will from Nevada but a statement by the partment of Energy must, by Novem- have an opportunity to debate this NRC. ber 30, 1998, be accepting waste on an issue throughout the next few days. I Let me make one additional point, if interim basis at the facility. By De- thought it might be helpful to clarify a I may, with respect to the transpor- cember 31, 2002, the DOE would be re- statement made by the Senator from tation issue. As an indication that we quired to apply for authorization to Idaho with respect to the canister are not yet even ready to transport construct a permanent repository at issue. this volume of waste, I think the pro- the site. The Senator from Nevada has not ponents of S. 104 would have us believe To put this in context we should ex- said that there are not canisters that that if through some, in my judgment, amine the alternative to this legisla- have been approved, licensed, and used. irresponsible, reckless act on the part tion. Absent this legislation, or action There are indeed such canisters. The of the Congress to enact this legisla- by the courts, costs will continue to be difference is the kind of canisters that tion, if this were enacted today, indeed, accrued on our constituents. For exam- are contemplated in the shipments if the storage facility were opened ple, storage of used nuclear fuel at an that will be involved in sending some today, then immediately a mass migra- operating nuclear reactor can cost $34 75,000 metric tons of nuclear waste to a tion of nuclear waste would occur from to $50 million. More importantly from site in Nevada that have not yet been the repository sites currently; namely, Colorado’s perspective it is estimated designed and have not yet been pro- at the nuclear reactors where they are that keeping spent fuel on site where duced. So all of the film footage that located and where this flow of ship- the reactor has shut down can cost $46 the Nuclear Energy Institute and its ments began. April 8, 1997 CONGRESSIONAL RECORD — SENATE S2831 I think it is important to try to give was an atomic hairdoo. Yes. Nevadans tion and protection for thousands of some balance because this is not a pan- sensed that they were being asked to years. acea even if you buy into this cor- respond to a patriotic call of the Fed- Let me make a couple of points. I porate welfare program that the nu- eral Government to respond to a con- know the distinguished chairman of clear power utilities would have us em- frontation that we had with a super- the Energy Committee has taken the brace. I think the words of Dr. Jared power, the Soviet Union. That fright- floor. I can assure him I will be just a Cohon, who is the chairman of the Nu- ened all of us. I hope that my friends couple of minutes. clear Waste Technical Review Board— would not suggest that because we re- Here is the difference. Trinity was again, a body created by this Congress, sponded to that, that there is somehow the first successful atomic detonation not by some Nevada oversight group— implicit a duty to accept civilian reac- in the history of the world at points out: tor wastes generated on site, a decision Alamogordo in the New Mexico desert Developing a storage facility requires more made by local utilities and local cus- on July 16, 1945. That is the first one. than a siting decision. It also requires the tomers, and that that somehow be sent That is when we knew we had a bomb development of a transportation system and to us in Nevada. that would work. In order to equate the developing a transportation infrastructure, I might just say parenthetically with radioactive equivalent of what is re- including the transportation cap, and en- ferred to as the fission product inven- hanced safety capabilities along the routes respect to that rather naive world in necessary to move significant amounts of which we lived in 1951, today every tory that would be stored in Nevada as waste will likely take years longer than American pays as part of his or her tax a result of all of these 75,000 to 85,000 would be needed to develop a centralized dollars to the people who are downwind metric tons, it would require the equiv- storage facility. from those nuclear detonations that we alent of 2.3 million nuclear detona- I need to make that point again. I were assured at the time that they tions—let me repeat that again: 2.3 mean, the thrust of this debate—and were absolutely safe—‘‘Don’t worry million detonations—of the Trinity- you will hear much more from our col- about it. It is the most exciting thing sized atomic bomb to create the equiv- leagues who are saying that somehow in the world.’’ We invited members of alent of what is proposed to be stored it is a panacea of S. 104, if enacted and the fourth estate, the Department of at the Nevada test site. signed into law, that immediately the Energy. Then it was called the Atomic Placed in another context, because waste will be removed from the reactor Energy Commission. There was a little Nevada did agree to host the testing sites. That is simply not true. Even if place. They built bleachers for them programs, based upon the average year- theoretically a site could be opened in called News Nob. Come on up and see ly testing rate during the period that the next year or 18 months—and abso- for yourselves. This is science. This is the Nuclear Weapons Program was lutely no one believes that—siting in- exciting stuff, folks. operational at the Nevada test site terim storage would require at least 3 We sent thousands of our military that was approximately 20 nuclear or 4 years. personnel to a place called Camp weapons detonations per year, in order But assume for the sake of argument Desert Rock, and we dug trenches out to equate to the fission product equiva- that the site was available, what Dr. there and showed them what the expo- lent of what is being proposed to be Cohon is telling us is that because we sure would be like to atmospheric radi- shipped here, it required that rate of do not have the casks currently in ex- ation. testing, namely 20 nuclear weapons istence—the standards, yes, but not the Mr. President, if any responsible sci- tests a year, for a period of from 10,000 casks—that it would take us a while to entist suggested that that was abso- to 100,000 years. So we are not talking develop the transportation system that lutely safe today, I mean he or she about some finite distinction. We are would be required; that it will require would be hounded out of any kind of talking about something that is of a a few years to get that done. scientific academy that exists. We all totally different magnitude, a totally So all of this talk about the casks know now that is dangerous stuff. It is different character. that have been depicted on film and all very hazardous, and a lot of people I say to my friends who tried to of the discussion about the casks being downwind paid with their lives, and equate the nuclear testing program dropped from 30 feet, 50 feet, 60 feet, or paid through genetic damage which during the days of the cold war with 100 feet, are totally irrelevant. We are they have experienced and suffered storage of high-level nuclear waste talking about casks that will not be from cancers. As a consequence, each from civilian reactors, you are talking used for this purpose. We are talking of us as taxpayers in America today about apples and oranges in a literal about a new configuration cask that compensate those victims. sense. So we are not talking about the has not yet been developed, and I think Let me make a distinction, if I may. same thing. We are talking about that point needs to be emphasized. It has been suggested that somehow be- waste that by its very nature is deadly Let me make one other point, if I cause the test sites were used for this for thousands and thousands of years. may, with respect to the notion that purpose, it is an absolutely logical, in- No one disagrees with that. We are somehow because Nevada, responding escapable conclusion that it should be talking about nuclear detonations to a patriotic call during the height of the repository for this interim site. which have a totally different type of the cold war in 1951, agreed to allow That is fallacious reasoning. radioactive footprint and which would nuclear testing at the Nevada test First of all, we are talking about two require the equivalent of 2.3 million site—I was in the eighth grade the year entirely different kinds of radioactiv- Trinity detonations to get the same the nuclear testing began in Nevada. I ity. Remember what we are talking equivalency being discussed, or a test- have to tell you that it was a different about here with high-level nuclear ing protocol that would call for 20 nu- age and a different time than it is waste—stuff that by its very definition clear detonations a year that would today. We were all pretty naive about is deadly for thousands and thousands have to last from between 10,000 and what that was about. Were we excited? of years. Nobody quarrels with that in 100,000 years to equal what is being pro- Yes. We all thought it was a great the debate—thousands and thousands posed to be sent to Nevada. thing. We were on the cutting edge in of years. We all recall that in the after- I just think those two points need to technology. In those days the nuclear math of dropping two atomic bombs on be made. power lobby convinced America that Japan at the end of World War II—one Mr. President, I yield the floor. everything would be nuclear, that we at Hiroshima and one at Nagasaki— Mr. MURKOWSKI addressed the would have little reactors in our back that those two cities did not remain Chair. yards and planes would be powered by isolated for decades or even a score of The PRESIDING OFFICER. The Sen- nuclear fuel; locomotives; and, indeed, years. They were rebuilt immediately. ator from Alaska. as was often said, the nuclear power The reason is that it is a different type Mr. MURKOWSKI. Mr. President, the will be so cheap that it can’t be meas- of radiation. There is no question that parliamentary procedure relative to ured. That goes back 46 years ago. there is a radiation hazard in the blind- time on this, in view of the fact that In my hometown of Las Vegas, busi- ing seconds of the detonation. We have the vote has been vitiated, suggests nesses changed their names to atomic all seen that. But it is not the kind of that we are still bound by our time groceries, atomic this and that. There residual radiation that requires isola- agreement. S2832 CONGRESSIONAL RECORD — SENATE April 8, 1997 The PRESIDING OFFICER. The Sen- next to coal, 22 percent of our Nation’s nology we have. How about hydrogen? ator may consume as much time as he power. They are a dedicated group, Let us go that route? Great. But you wishes. highly technical people for the most have to be in the real world. They want Mr. BRYAN. If the distinguished Sen- part, dedicated to providing a reliable, air conditioning, they want the lights ator would yield for a question, I do safe source of energy for this country, to go on. And the nuclear power indus- not intend to offer any more comments for 22 percent of our dependents. They try is contributing to this, almost 25 today. I don’t know of anybody on our entered into a contractual agreement percent of our total energy. side of the aisle who will. back in 1982. And where have we been So, when they say it is unneeded, I withhold the comment. I am in- since 1982? We have been here. We have they are absolutely wrong. Do we want formed that Senator BUMPERS may been talking about it. We have been to shut down those nuclear plants be- take the floor at 5 o’clock. I am not discussing, Yes, we have an obligation, cause they are running out of storage sure whether he will be speaking on but it is not due. It is due now, Mr. space? They were licensed for so much this issue, or not. He may very well be. President. It is due next year. And we space. You have seen pictures of those But as long as we can accommodate are not ready. pools. You have seen the spent rods him, I say to the distinguished chair- So what are they supposed to do? The being stored there. That was not per- man that it is not my purpose to hold other side would suggest, do not do manent storage. It was not designed for either the chairman or any other per- anything now. Put it off. Wait until permanent storage. Everybody knows son to a time limit this evening. some time in the future when we have that. It was temporary, until such time Mr. MURKOWSKI. Mr. President, as I a permanent repository. How much as the Government could fulfill its con- understand it, we will be on the bill be- time do we have to wait? Where is the tract. ginning at 1 o’clock tomorrow. So I as- future? The Secretary of Energy says Did the environmental community sume any Member can come over and this repository is not going to be and the folks who are down at the speak on this or as if in morning busi- ready, a permanent one at Yucca White House who are opposed to this ness. With that interpretation, I am Mountain, until the year 2015. What, do legislation, who, I might add, have no going to proceed for a few minutes we have to wait another 18 years? That position on this issue, do they want us more. Then that will be my conclusion, is what the other side would have you to have blackouts on hot summer days? at least for today, relative to the topic believe. What do they propose in the future, if at hand. What are the damages associated we do not address this problem of ade- Mr. President, I am very pleased that with the inability of the Government quate storage on hand when our stor- we have reached an agreement to pro- to fulfill its contractual commitment? age is filled in those pools? Do we want ceed to the bill, and, as a consequence, There is full exposure, full employment to default on our Federal obligation? I starting tomorrow at 1 o’clock, we will for the lawyers. What we have around have already talked about that. And, have to continue our debate. Many here is too much speculation. What we remember, the courts have upheld the Members on our side have indicated an need are some facts. And the facts are obligation of the Federal Government. What kind of precedent are we set- interest in coming over and being that we have this stuff all over the ting in this country for those who ob- heard. country. The chart here shows where it serve the way Government does busi- There are a couple of points I want to is. We have the stuff spread in 41 States ness, to ignore the commitment to the make at this time that I think bear a at 80 sites. We are proposing to address ratepayers who have contributed with little examination. The other side has it and put it in one safe site. Where is the expectation that the waste would indicated that his legislation, S. 104, is that site? It is where we have held nu- be taken? unneeded, that it is unwise, that it is clear tests, out in the desert, for 50 The comment was made by the other unsafe. I just cannot accept that. years. So, when they say it is side that interim storage in Nevada First of all, to suggest it is unneeded unneeded, I have to dispute that. First was unneeded and unsafe. Is it safe to disregards the obligation we have in a of all, it is needed because we are in continue to store this waste in the contractual commitment to take this violation of a contractual commitment pools that were designed to hold that waste in 1998. What good is a Govern- that the Federal Government entered waste for a temporary timeframe? ment contract, for Heaven’s sakes, if into in good faith. One of the Senators from Nevada there is no intention, no desire to ful- What did the court say about it? The says that the 100 millirem standard is fill that contract? court said the Government is liable. unsafe. Let us talk about that, because Mr. President, 16 years have passed. They said that last year. The Federal those kinds of speculative arguments It is clear that the waste will not be Government is liable to take that excite a lot of people. Again, it is spec- taken in 1998 as promised. Yet, the waste. If we do not take it, there are ulation. Federal Government has taken from going to be damages. How much are the The current EPA radiation protec- the ratepayers some $13 billion. And damages? Full employment for the tion guidance is 500 millirem, 500. EPA who has it been paid to? It has been lawyers, it is estimated at $59 billion. is considering making it 100 millirem, paid to the Federal Government. And Nevada is where we propose to put it. to even be more protective. So, the cur- what has the Federal Government done We are going to put it in temporary rent EPA radiation protection guid- with it? They have not held it in es- casks, on the surface, until such time ance says 500, but we have it at 100 in crow. They have not held it in abey- as Yucca Mountain’s permanent reposi- our bill. Additionally, we provide EPA ance out there, ready to meet their ob- tory is done. We are going to remove it with the authority to proscribe a ligation to take the waste in 1998. They from all these sites around the country stricter standard if needed. As a con- put it in the general fund. Under the and put it in one place. If that is irre- sequence, to suggest our bill is unsafe crazy bookkeeping procedures we have sponsible, and America’s environ- defies reality. We are promoting the around here, it is going to take a sig- mental community is opposed to it, public health and safety with a higher nificant appropriation to address this then they must be for this. standard, if indeed it is needed. obligation. So, when the other side sug- The other side makes an issue that We have heard it said that transpor- gests that it is unneeded, I think we no environmental group supports this tation is unsafe. We have shown that have to look a little bit deeper at the legislation. What do they support? You nuclear fuel was safely transported significance of a contractual commit- and I know what they support. They across the country every single day of ment. support doing away with the nuclear the year, year in and year out, 2,400 (Mr. HUTCHINSON assumed the industry in this country. That is their shipments for 16 years, from 1979 to chair.) objective. And what do they propose, to 1995, through every State in the Nation Mr. MURKOWSKI. There has been a make up that 21, 22 percent of our except South Dakota and Florida. It lot of criticism of the nuclear industry power generation? They do not want to has been moving. Why has it been mov- out there. What has the nuclear indus- address that. They say, ‘‘Wind power.’’ ing? It has been moving from all these try done? They provided a reliable Fine, I am for wind power. Solar? Fine, different sites. It has been moving from source of power. They are the second I am for solar. You just cannot gen- universities that have test reactors, re- largest supplier of power generation erate sufficient amounts with the tech- search reactors. It has been moving April 8, 1997 CONGRESSIONAL RECORD — SENATE S2833 from military sites, from Navy sites. It that as they address the legitimate nuclear power industry to take its has been moving, moving, moving, and concerns we all have over greenhouse waste that it has collected the money we have not had any accidents. gases, increased carbon emissions, for the last 16 years, $13 billion. We talk about what kind of container where do we look for relief? So I hope some of the folks down at is going to be involved. Obviously, it is We just had a significant portion of the White House reflect a little bit on going to be a safe container, the same the French Parliament here. They were the obligations that we have made kind that has moved this material in acknowledged. We had a 2-minute re- commitments and the reality that we 2,400 shipments. So that is a bogus ar- cess. They told me in the back they have not performed. It is easy to criti- gument, to say it is unsafe. We have wished us well with our effort to bury cize the nuclear industry with regard shown that casks cannot be breached our waste. In France, they do not allow to nuclear waste, but let’s be realistic with real world accidents. We have you to bury your waste because it is and let’s recognize, again, that they shown there has never been an accident valuable, because they have embarked have performed their obligation. Now involving the release of radiation. Of on a technology called reprocessing they are asking the Federal Govern- course, in Europe, in Asia, they move where, through a MAX fuel process, ment to perform theirs. this stuff all over, all over the world. they recover the waste associated with I want to conclude my debate today So, if you want to buy fear tactics, this those rods that are stored in the pools with a little reference on a portion of is probably a good environment to buy and they recover the energy in a pluto- the statement that was made regarding them in because there are lots of them nium form and put it back in the reac- the Nuclear Waste Technical Review around here. tor with enriched uranium. Who is ad- Board and the points made in that de- A further statement was made rel- dressing the proliferation threat? They bate on the other side. ative to our bill being unwise. I have are burning theirs. We are proposing to My distinguished friends and col- trouble with that. If it was wise put ours underground. In the meantime leagues from Nevada have in their enough, sometime ago, for us to decide we are like ostriches running around statements, I think, misinterpreted or that it made sense to develop a perma- saying, ‘‘We can’t do this, we can’t do perhaps misunderstood some of the nent repository in Nevada, at a cost of that.’’ conclusions associated with the Nu- some $30 billion, which is not a sure What are the Japanese doing? The clear Waste Technical Review Board. thing, then why is it unwise to spend Japanese have taken the French tech- There has been an assertion that the between $1.5 to $2 billion to build an in- nology which, incidentally, we devel- Nuclear Waste Technical Review terim that can handle the problem oped initially when we had proposed to Board—which, as has been stated, is a until the permanent is ready. If Yucca reprocess. We cannot reprocess because panel of scientists appointed to review is not determined to be suitable, then we have a policy against reprocessing. the Department of Energy’s nuclear we will have a place for the waste until But the Japanese have expanded on an waste program—opposes the construc- another site is selected if we pass this effort to be totally independent of im- tion of an interim storage facility. The bill. Either way, we will need an in- ported energy in Japan. What does that suggestion is they oppose it. This sim- terim site. So this is a very wise, do to their industrial economy? It ply is not true, Mr. President. thoughtful approach. makes it pretty secure. They are going Following a February hearing on S. Much has been made in this debate to depend on nuclear energy. If there is 104, I asked the chairman of the board about the Nuclear Waste Technical Re- any country that has had an experience the following question, and this is from view Board, and what they have said. with nuclear energy that is more sen- the record: What the board has told us is that sitive, I do not know what it could be Those who oppose S. 104 have used the central storage is needed if Yucca other than Japan. board’s report as evidence that ‘‘technical comes on line, and that central storage The Japanese are committed to a $20 and scientific experts’’ believe that a cen- is needed if it does not come on line. billion to $24 billion project. I was up tralized temporary storage facility will not There may be disagreements about there last December. They are building be needed. Is this the conclusion the board timing, but the end result is the same. a refueling, reprocessing, state-of-the- intended people to draw? We need interim storage, regardless of art facility. Do you know what they The chairman responded: what happens with Yucca Mountain. are doing now? They are sending their On the contrary, the board believes that a We need it either way, Mr. President. waste from their nuclear reactors over centralized storage facility will be need- Is it unwise to leave waste? Where are to France, the French are reprocessing, ed—— we going to leave the waste, with the and the waste goes back vitrified. But Will be needed, Mr. President—— status quo? That is what the other side they are going to do it themselves in and the generic planning should begin imme- proposes. Japan. They are going to recover the diately. Significant advantages can be de- Is it wise to leave waste at 80 sites in plutonium, put it back in the reactors rived from siting a storage facility adjacent 41 States in pools that were not de- and reduce the proliferation threat, be- to a repository. signed for long-term storage and to cause plutonium has value. OK, adjacent to Yucca Mountain is leave it there? How long? Until Yucca’s I am not here arguing the case for what S. 104 proposes. The board did done, 2015 or longer. One State, Con- that. I am simply stating what is hap- state, however: necticut, has guards and fences around pening in the real world with state of However, there are no compelling tech- the pools of nuclear waste in one of our the art. France is 70 percent dependent nical or safety reasons to move spent fuel to Senator’s neighborhoods, a Senator in on nuclear power. We cannot even fig- a centralized facility for the next few years. this body. ure out what to do with our waste. The I think we have here some questions So when they say it is unneeded, un- last nuclear plant was built in this of timing. ‘‘The next few years,’’ the wise, unsafe, I suggest they look at re- country in 1979, 1980. That is where we last time I checked, few meant two. In ality and recognize there is, indeed, are. Nobody in his right mind would order to be able to move spent fuel in every reason to believe that it is safe try and build one today, because the a few years—well, we started this proc- to take it out of 80 sites in 41 States permitting process would simply make ess, and we have been, what, 16 to 17 that we have safely transported across it unfeasible, if there is such a word, years now trying to move this process this country for over 16 years, and it is certainly noneconomic from the stand- along. We entered into a contract with certainly needed because the pools are point of generating a return. the nuclear power industry to take it full and many of these reactors will not I can stand here on the floor of the 16 years ago. Here we are today, 1 year be able to be relicensed for additional Senate and predict that within 10 away from a mandatory obligation to storage, because they do not have any. years, we will be going to Japan and we perform under a contract in 1998, and They will have to shut down. will be going to France for the ad- when is this one going to be ready? So I encourage the administration vanced technology associated with dis- 2015. So we have 17, 18 years. and the environmental community, if posal of high-level waste. What this ad- The other side said we should not you do not like this bill, then come up ministration has done is to allow in nu- start now, or they interpret the board’s with an answer. I encourage the envi- clear waste from other countries, but it interpretation to mean there is no ronmental community to recognize will not address its obligation to the compelling or safety reason to move S2834 CONGRESSIONAL RECORD — SENATE April 8, 1997 spent fuel to a centralized storage fa- years, more than a few years. It has States, leave it right where it is for an- cility in the next few years. If we start- taken over 2 years since the first intro- other generation to come along and de- ed today in this process, which is what duction of this legislation, and we are bate it, talk about it. I hope we will do as soon as the Senate still debating on the Senate floor. In the meantime, we are leaving it in supports passage of this bill, we will S. 104 takes into account the viabil- storage that was not designed for long- not be able to start on this facility ity assessment. It provides a procedure term storage. We can choose whether until we are into the year 2000. We all for choosing an alternative site if it is the Nation needs 80 interim storage know that. So it is a question of tim- negative, and S. 104 gives the Depart- sites or just one at the Nevada site ing. ment of Energy the authority it needs where we exploded nuclear bombs dur- It is only natural that the board to begin the year or so of nonsite-spe- ing the cold war. It is safe. It is re- begin this process. This is a technical cific work necessary to build an in- mote. It is monitored. body. They probably have no concept of terim storage facility. Anyone who be- If Yucca is licensed, which I think it the lead time legislation must have be- lieves that the viability assessment will be, it will be an easy task to move fore it can become law and can result will make passing legislation easier is the material to the repository. And if in planned action. Again, 17 years on out of touch with reality. The reality Yucca is not licensed or found to be un- this process already. is that no one wants nuclear waste suitable, we will need a centralized in- So as we move to the bill, I am will- stored in their State, whether it be Ar- terim site anyway. So we will be ahead ing to offer an amendment that would kansas or Alaska or Nevada. But we of the game regardless of what happens provide a new schedule for siting con- have to put it somewhere. at Yucca. struction of the interim facility, rec- And this was good enough for 800 nu- Mr. President, this is a step we ognizing 2 years is not going to do it. clear weapons tests over 50 years out in should take. The time is now. And any This is to take into account the pas- the Nevada desert where they have an attempt to escape this obligation sage of time since introduction of the experienced work force. They have se- would be unwise. It would be unsafe to original legislation. Mr. President, curity. They have the know-how. And fail to address the problem. And what even before this amendment, in re- it was selected as the best site for a is unneeded is further delay. Mr. President, I thank you for the sponse to written questions, the chair- permanent repository. We have ex- courtesy of recognizing me and wish man stated something else: pended $6 billion in a process that ulti- you a good day and yield the floor. The difference in timing between the mately is going to take an expenditure Mr. BUMPERS addressed the Chair. board’s recommendations and the approach probably of $30 billion to finish it. The PRESIDING OFFICER. The Sen- set forth in S. 104 are not substantial. At the committee hearing on Senate ator from Arkansas. I think it is fair to say that my bill 104 in February, all four members Mr. BUMPERS. Mr. President, I friends from Nevada have placed a good of the Nevada delegation stated that no came to the U.S. Senate in 1975. At deal of faith in the board’s judgment, level of scientific proof would basically that time, the nuclear debate was rag- but I would like to point out some of lessen their opposition to this project. ing full blast. ‘‘Shall we or shall we not the board’s statements that they won’t I commend them for that; they are build more nuclear-electrical-generat- tell you about. At the February hear- doing what they have to do for their ing plants?’’ I just finished 4 years as ing, Chairman Cohon stated that: State. If it was not Nevada, it would be Governor of my State. And we had The board believes that the risks associ- some other State here. built two nuclear plants up on the Ar- ated with transporting spent fuel are very But we have an obligation to put it kansas River. I believe the total cost of low— somewhere. And that is the bottom both of those plants was $400 million. It Very low—— line of this whole debate. When we go was represented to me at the time, as and are likely to remain very low even when round and round and round, nobody Governor, that that would be by far the the number of shipments increases. wants it. We will not reprocess it like cheapest power we would ever know I hope that satisfies my friends from Japan, like France, and take advantage anything about. Nevada. of advanced technology to counter pro- But after I came to the Senate and While my colleagues have asserted liferation threats. We cannot get the began to investigate the feasibility and that nuclear waste can stay just where environmental community to respon- the advisability of taking this country it is, and that is the position they have sively address reprocessing. So we are down the nuclear path, I quickly came taken, the board has stated: hell-bent to bury it—as long as we do to the conclusion that I would resist The board believes that one or more cen- not bury it anywhere. any additional nuclear plants. There tralized spent fuel storage facilities will be The ultimate reality is that the Fed- was another highlight on the front needed somewhere if Yucca Mountain proves eral Government has an obligation to burner called the Clinch River breeder to be unsuitable for development as a reposi- start taking this waste next year. The reactor to be built on the Clinch River tory. obligation is to move nuclear waste, down in Tennessee. Where is somewhere, Mr. President? not to start thinking about how you I remember in 1981, the Republicans Somewhere is out here at the Nevada might take waste in the future. took over this place, and Howard site that was used previously for more So, again, I would urge my colleagues Baker, the Senator from Tennessee, than 800 nuclear weapons tests over 50 to recognize that we have reached a and one of the finest men ever to serve years. That is somewhere. It has to go crossroads. The job of fixing this pro- in this body, became majority leader. I somewhere. Nobody wants it. This is gram is ours. The time for fixing it is was trying to keep any additional nu- someplace, contrary to the claims we now. We have it at 80 sites in 41 States, clear plants from being licensed—and heard today that the Nuclear Waste and no one can convince me that is the it was not a tough chore. A lot of peo- Technical Review Board does believe best procedure to just leave it there. ple had made up their minds at that that temporarily centralized storage of We have made progress at Yucca. The point that the nuclear option was not a nuclear waste is needed and transpor- 5-mile exploratory tunnel is soon going good one. I fought for about 4 years to tation of spent fuel is safe. to be complete. And we can build on kill the Clinch River breeder. The last issue I would like to refute this progress. This bill continues the But I was up against the majority is a question of, well, why not wait site characterization activities for that leader. And as everybody here knows, until 1998? The administration says it permanent repository. And do not be- as the old revenuer said, when they an- objects to siting a temporary storage lieve anything else. But we cannot put nounced United States versus Jones, he facility before 1998 when the viability all our eggs in the Yucca basket. We turned to his lawyer and said, ‘‘Them assessment for Yucca Mountain will be need this storage facility, this tem- don’t sound like very fair odds to me.’’ completed. There have been those who porary facility now. Otherwise, Mr. And it was not very fair odds to go up asked, ‘‘Why can’t we just wait for 1998 President, what we are going to be against the majority leader on the and pass the legislation then?’’ I think doing—make no mistake about it; I Clinch River breeder, which was going I have addressed that, but to anybody want every Member to so note—we are to be built in his beloved Tennessee. who has watched this process, the obvi- going to be leaving it right where it is: Howard Baker could always just pull ous answer is, it is going to take a few in your State. If you are one of the 41 out that one extra vote he needed. The April 8, 1997 CONGRESSIONAL RECORD — SENATE S2835 vote was always close, but when you transporting that stuff all over the plants in this country and 76 storage are majority leader, you know, you can country two or three times. And, you sites. For example, we only have one just call somebody over and say, ‘‘I know, I live in a little town of 2,500 storage site in Russellville, but two need your vote,’’ and you usually get people, Charleston, AR. You are being generators. That is not uncommon in it. addressed right now almost entirely by this country. Finally, one year I was ahead by the South Franklin County Bar Asso- So we have the 110 nuclear generat- about six or seven votes as the votes ciation. I was about the only lawyer in ing plants generating more and more were being cast, and I think Senator town—it is so little. But if I were a spent fuel and storing it at a consider- Baker decided that he was done for, lawyer in Charleston, I would be very able cost to them. There is no denying and he turned everybody loose that had apprehensive about all that nuclear this is very expensive to the utilities. committed to him who did not really power coming from Russellville, AR, So they say: A deal is a deal. In 1982 we like the idea of the Clinch River breed- right up Highway 22. And the Presiding said we would start paying you, and er reactor and were only voting for it Officer knows exactly the location I you said January 1998 you would start to accommodate him. He turned them am talking about. Coming right up taking the fuel off our hands and we loose, and I think we won that day by Highway 22 through Charleston, AR, could quit building all the facilities about 70 to 30. Happily, that was the headed for Yucca Mountain. and storing it. end of the Clinch River breeder. So, what did we do? In 1982, we passed It is kind of ominous. Most Senators, I had a group of people from France a bill called the Nuclear Waste Policy I suppose, have been to the nuclear in my office this afternoon, some poli- Act. A good bill. We said to the elec- plants and looked at those things. You ticians and some deeply involved in the trical industry in this country, the nu- look at the pool of water, it has a very electrical industry. They wanted to clear electrical industry, that you pay strange color, and the nuclear rods are talk about the new concept of restruc- a fee to the U.S. Government every in that water. I have never seen a real turing the electricity industry in this year. We will use your money to find dry cask they put it in. My legislative country to go to retail competition. and develop a permanent repository for director has a small mock-up model of They are doing this in France. They this nuclear fuel. a cask they put it in. What they will be are doing it in Germany and doing it We passed the bill. The deal was cut. doing, if all goes through according to all over Western Europe. And they We started collecting the fees. Both S. 104, they will take that fuel out of wanted to talk to me about my bill. sides operating in ultimate good faith. water and put in the steel casks. The One of them said, ‘‘Senator, we un- No shenanigans. You pay us a fee every casks are big, they are expensive. They derstand that you are the Senator who year and we will use it to find a site. will put those fuel rods inside those killed the breeder reactor.’’ We found a site called Yucca Mountain casks, those that are not already there, ‘‘Mais oui.’’ in the home State of my good friend, and they will start transporting them He said, ‘‘If you had it to do over the junior Senator from Nevada. from all over the United States to Ne- again, would you do it again?’’ I am on the same side of the Senator vada. You lucky dog. They will be ‘‘You bet.’’ from Nevada. And if it were Arkansas transporting them to Nevada in those France is heavily dependent on instead of Nevada that they were put- casks. breeder reactors. But they are also in ting it in, I would be like him sitting in What the Senator from Alaska says, the business of reprocessing and using my seat on this floor 24 hours a day ‘‘We will pour a gigantic concrete slab MOX to generate power, and so on. I trying to keep faith with my constitu- and we will carry that stuff out there guess I am digressing a little bit to say ents and saying, what have we done to to Yucca Mountain.’’ Not inside the about the breeder reactor, it is dead, deserve 35,000 tons of nuclear waste mountain. This is somewhere around dead; and I am glad it is dead. dumped in our backyard? And I am sad Yucca Mountain. I do not know where. The reason I did not like the breeder about that. It is one of those things. We have the 5-mile tunnel built. We reactor is the same reason I did not Somebody has to do it. have a little more boring to do. But we like nuclear power, period. It is won- So we find Yucca Mountain and ev- will pour the concrete slab, transport derful. It is the cleanest power you can erybody says this is the best possible the fuel out there, and just leave it out have. You see that nice, clear white site—not the perfect site, may not be there in the open. smoke coming out of those smoke- the site ultimately chosen—but it is Now, this sounds simple, but it is a stacks in Russellville, AR. And you the site we are choosing to start spend- pretty expensive undertaking. What it know there is nothing polluting about ing this fee the utilities are paying us. means is if S. 104 passes and the Presi- that plant. So, what have we done since 1982? We dent vetoes it and we override his veto, But if you look inside, if you look in- have dug a 5-mile hole, a tunnel in it will cost about $4 billion over the side the plant and you see those fuel Yucca Mountain in anticipation of it next 5 years instead of the $2 billion we rods, you have to ask yourself, since ultimately being decided that it is by are planning to spend on the perma- these things are going to be radioactive far the best place to locate this spent nent repository. for thousands of years, how do you dis- fuel. We have spent $4.8 billion on that Mr. President, I tell you something pose of them? That is the reason I 5-mile hole. And we are going to spend interesting that has nothing to do with turned against nuclear power. I could a lot more before it is perfected. the debate. If, in August of next year— not figure out a way on Earth that we But, Mr. President, the reason we bear in mind there will be a determina- were going to environmentally, accept- stand here today debating this bill is tion made next August on whether or ably dispose of those fuel rods. this. We said to the utility industry, not Yucca Mountain is suitable. Inci- So now, Mr. President, we are here we will take your fuel—we being the dentally, the reason we are here today today debating that very proposition U.S. Government, the Energy Depart- is because the dates are at cross pur- and 35,000 tons of spent nuclear fuel ment—we will take this 35,000 tons of poses. We have to start taking the fuel created by the electrical generating spent fuel and we will start taking it in in January, but we do not know wheth- companies of this country and thou- about January 1998. That is coming up. er Yucca Mountain will be determined sands of tons more by the Pentagon. It It will be here before you know it. to be suitable until August of next has to be disposed of. And we have been Now, the utilities have been operat- year. So we are required to start tak- laboring with the question of how we ing in good faith, too. They have been ing the stuff 8 months before we know are going to do it. As we lawyers say, paying their fees in anticipation of get- whether Yucca Mountain will be the ‘‘Since the memory of man runneth ting rid of this stuff which they are ultimate repository. Now, if it is, if not.’’ We are doing our very best to storing onsite at their nuclear plants. next August we find it suitable, there keep faith with the people of this coun- Again, the Presiding Officer, I know, are still a lot of licensing procedures to try and dispose of it in a way that they has been to those two nuclear sites in go through, but basically we are in fat will be able to sleep at night. Arkansas. city. Everybody will be happy because Let me tell you one other thing. If we Some of it is lying out in dry casks. Yucca Mountain has been determined dispose of it the way the Senator from Some of it is in water. But it is stored to be suitable, and we will take all this Alaska proposes right now, we may be on site. We have 110 nuclear generating waste that S. 104 wants to take out and S2836 CONGRESSIONAL RECORD — SENATE April 8, 1997 put on a concrete slab. In the year 2010 President cannot find another site and what happens after that. I am trying to we will start taking it and putting it in get Congress to approve that site with- call for a degree of sanity and reason- that hole, that tunnel in the mountain, in 2 years. We have been working on ableness and saying I would like to get and we will seal that sucker up. You Yucca Mountain forever, and now we rid of it, too. Nobody has any stronger think about it. We will put 84,000 tons are in a posture of finally concluding a desire to get rid of this nuclear waste of spent nuclear fuel in this tunnel in happy end to this situation. But even if than I have. Yucca Mountain and seal that thing. Yucca Mountain is found to be unsuit- The Senator from Nevada and I will No guards and no monitors walking up able, S. 104 of the Senator from Alaska probably be on opposite sides next and down hallways, putting a Geiger will still require that every pound of time. If Yucca Mountain is found to be counter on it and see what the radi- nuclear waste in this country be trans- suitable, you can bet I will vote to put ation is that is coming out of it. We ported to Yucca Mountain, even it there. I have not supported the Sen- will seal it up forever. though that is not going to be the per- ators from Nevada because I like them, Now, before I get to the end of this manent repository site. because they are friends; I supported tale, let me go back a moment and say So what happens then? We find an- them because I thought they were this stuff is going to be in Yucca Moun- other permanent repository site. We right. I have supported the Energy De- tain for thousands and thousands of will load it all up and bring it back partment and the administration’s po- years. And you know why? Because through Charleston, AR, once again. sition on this because I think they are that is how long it is radioactive. You That will make the citizens happy. right. know what we are debating here today? They already had the daylights scared I am asking my colleagues, I know Ten years. We are saying we cannot out of them bringing the fuel through they are getting a lot of pressure on wait 10 years to make sensible deci- their hometowns once. Now they will them both from the industry and the sions that affect the lives of every get it again. So why take it in the first party and different people, but I tell man, woman, and child in America. We place? Why not at least give the admin- you something, when you start playing have to do it right now because the istration and the utility industry an politics with this issue, I plead for my utility industry is unhappy. They want opportunity to work out some kind of colleagues to remember, people may us to take it now and transport it to an arrangement whereby we will pay disagree with you, but they like people Yucca Mountain and get it out of their them—they are suing us now, and who stand up for what they believe, back door. If they would have listened frankly they have a good lawsuit. I do even when it is not popular. People to me 20 years ago, they would not not deny that. They have a good law- sometimes say to me, why do you guys have a problem because they would not suit. We agreed to take it in 1998, and not screw up your nerve and do some- have all that waste. I was not that we cannot do it. So we will have to thing right, something courageous for powerful then. I am not that powerful pay. a change? I hear that all the time. Do now either. So my question is why not pay them you know what they mean by coura- But think about this: We are talking to leave it where it is for a few months geous? Unpopular. If it is popular, it is about planting 84,000 tons of spent nu- until we can make a decision about the not courageous. clear fuel in Yucca Mountain, to be re- suitability of Yucca Mountain and pro- Here is a bill that is very com- posed for thousands and thousands of ceed the way we have been proceeding? plicated, and the American people are years, and S. 104 says we cannot wait 10 Now, Mr. President, let me just close not homed in on it. The people here years to find out. We cannot wait until by making something of a confession. know what they are doing. I am ask- August of next year to determine It is tempting to me to support this ing, for Pete’s sake, listen to this de- whether or not Yucca Mountain is a proposition. I would not vote for S. 104 bate and do what they think is sen- suitable repository. This is a monu- under any circumstances, but the con- sible, in the best interests of the coun- mental decision. We are not talking cept set out in S. 104 makes it very ap- try. about the Kentucky Derby. We are pealing and very attractive. As I say, I I yield the floor. I suggest the ab- talking about thousands of tons of le- would not vote for an interim storage sence of a quorum. thal spent fuel and how we will dispose site right now because we are coming The PRESIDING OFFICER. The of it safely so the American people can up on the time when we will know with clerk will call the roll. sleep at night. some degree of certainty whether or The assistant legislative clerk pro- I share the concern of the Senator not Yucca Mountain will be the place. ceeded to call the roll. from Alaska about disposing of this Can we not wait? America, this is the Mr. MURKOWSKI. Mr. President, I stuff. I am not trying to drag my feet. central question. Can we not wait 10 ask unanimous consent that the order Everybody knows we have to dispose of years to determine that this is the for the quorum call be rescinded. this stuff. We are talking about what is safest place in the world and the best The PRESIDING OFFICER. Without the best way to do it. What is in the place in the world to store this stuff for objection, it is so ordered. national interest? What is sensible? thousands of years? What is 10 years in f What is the safest way to do it? the scheme of the thousands of years It is tragic that the Energy Depart- that this stuff will be stored there? MORNING BUSINESS ment has to renege on its agreement, The options are not good either way. Mr. MURKOWSKI. Mr. President, I but it cannot help it. It was not their I do not blame the utilities for wanting ask unanimous consent that there now fault. It really was not anybody’s fault to get rid of the stuff, but I do not be a period for the transaction of morn- that we did not get this all done by blame us for not wanting to take it. It ing business with Senators permitted 1998. But the Energy Department says is folly in the extreme for us to take to speak therein for up to 5 minutes certainly if it is found suitable, we be- that stuff out there and spend an extra each. lieve we can start taking this stuff by $2 billion to put in a concrete slab The PRESIDING OFFICER. Without the year 2010 and doing it properly and when we know, or will know next Au- objection, it is so ordered. in a way that everybody will find to be gust almost to a reasonable degree of f suitable and satisfying. certainty, a year from now we will So what happens under this bill? If know whether or not we will be able to THE VERY BAD DEBT BOXSCORE Yucca Mountain is found to be unsuit- use Yucca Mountain, and if we are, Mr. HELMS. Mr. President, at the able next August, you have to go ahead would it not be infinitely better to close of business yesterday, Monday, and build this thing anyway, this in- transport that fuel one time—not April 7, 1997, the Federal debt stood at terim storage site, unless the President twice, not three times—one time, to $5,385,190,477,419.92. of the United States finds an alter- put it in a site in which we will all feel Five years ago, April 7, 1992, the Fed- native site and Congress approves that comfortable? eral debt stood at $3,891,976,000,000. alternative site all within 2 years. If Mr. President, I know there are plen- Ten years ago, April 7, 1987, the Fed- anybody believes you can do that, hold ty of votes in this place to pass this eral debt stood at $2,288,906,000,000. up your hand. That is an absolutely bill. I know the President will veto it Fifteen years ago, April 7, 1982, the impossible condition in S. 104. The when it is presented to him. We will see Federal debt stood at $1,060,872,000,000. April 8, 1997 CONGRESSIONAL RECORD — SENATE S2837 Twenty-five years ago, April 7, 1972, partment of Transportation, which Home Page Internet Site, and other the Federal debt stood at covers fiscal year 1995. publicly available sources. Agency re- $429,202,000,000 which reflects a debt in- WILLIAM J. CLINTON. sources devoted to the preparation of crease of nearly $5 trillion THE WHITE HOUSE, April 8, 1997. this report should be put to other, bet- ($4,955,988,477,419.92) during the past 25 f ter uses. years. WILLIAM J. CLINTON. REPORT CONCERNING THE AN- THE WHITE HOUSE, April 8, 1997. f NUAL REPORT OF THE NA- f THE GREAT FALLS OPTIMIST TIONAL ENDOWMENT FOR DE- CLUB MOCRACY—MESSAGE FROM THE MESSAGES FROM THE HOUSE PRESIDENT—PM 26 Mr. BAUCUS. Mr. President, as a At 11:38 a.m., a message from the newly inducted member of the down- The PRESIDING OFFICER laid be- House of Representatives, delivered by town Optimist Club of Great Falls, MT, fore the Senate the following message Ms. Goetz, one of its reading clerks, an- I take great pride in telling my col- from the President of the United nounced that the House agrees to the leagues about the new Optimist Inter- States, together with an accompanying following concurrent resolution, in national Child Safety Awareness Pro- report; which was referred to the Com- which it requests the concurrence of gram. mittee on Foreign Relations. the Senate: In recent months, there have been To the Congress of the United States: H. Con. Res. 11. Concurrent resolution per- numerous reports of serious and even Pursuant to the provisions of section mitting the use of the rotunda of the Capitol fatal injuries to children as a result of for ceremony as part of the commemoration 504(h) of Public Law 98–164, as amended of the days of remembrance of victims of the incorrect positioning or improper re- (22 U.S.C. 4413(i)), I transmit herewith straint in vehicles. Often these injuries Holocaust. the 13th Annual Report of the National f are preventable. Endowment for Democracy, which cov- The Optimist International Child ers fiscal year 1996. MEASURE REFERRED Safety Awareness Program operates The report demonstrates the Na- The following bill was read the first under the premise that adults must as- tional Endowment for Democracy’s and second times by unanimous con- sume the responsibility to see that unique contribution to the task of pro- sent and referred as indicated: their kids are safe while driving in a moting democracy worldwide. The En- motor vehicle. The Optimist Club seeks S. 522. A bill to amend the Internal Reve- dowment has helped consolidate nue Code of 1986 to impose civil and criminal to increase adult awareness of the haz- emerging democracies—from South Af- penalties for the unauthorized access of tax ards of incorrectly positioned children. rica to the former Soviet Union—and returns and tax return information by Fed- I am very excited about this plan be- has lent its hand to grass-roots activ- eral employees and other persons, and for cause I think we can make a real dif- ists in repressive countries—such as other purposes; ordered referred jointly to ference. Cuba, Burma, or Nigeria. In each in- the Committee on Finance and Committee on Environment and Public Works. The Optimists have always been stance, it has been able to act in ways strong advocates for children’s safety. I that government agencies could not. f encourage all of my colleagues in Con- Through its everyday efforts, the En- INTRODUCTION OF BILLS AND gress to become familiar with the Opti- dowment provides evidence of the uni- JOINT RESOLUTIONS mists program and give it their full versality of the democratic ideal and of support. Our children are depending on The following bills and joint resolu- the benefits to our Nation of our con- tions were introduced, read the first it. tinued international engagement. The Mr. President, I yield the floor. and second time by unanimous con- Endowment has received and should sent, and referred as indicated: f continue to receive strong bipartisan support. By Mr. ABRAHAM: MESSAGES FROM THE PRESIDENT S. 518. A bill to control crime by requiring WILLIAM J. CLINTON. mandatory victim restitution; to the Com- Messages from the President of the THE WHITE HOUSE, April 8, 1997. mittee on the Judiciary. United States were communicated to f By Mr. ALLARD: the Senate by Mr. Williams, one of his S. 519. A bill to terminate the authorities secretaries. REPORT CONCERNING THE RADI- of the Overseas Private Investment Corpora- ATION CONTROL FOR HEALTH EXECUTIVE MESSAGES REFERRED tion; to the Committee on Foreign Rela- AND SAFETY ACT—MESSAGE As in executive session the Presiding tions. FROM THE PRESIDENT—PM 27 By Mr. FEINGOLD: Officer laid before the Senate messages The PRESIDING OFFICER laid be- S. 520. A bill to terminate the F/A-18 E/F from the President of the United aircraft program; to the Committee on States submitting sundry nominations fore the Senate the following message Armed Services. which were referred to the appropriate from the President of the United By Mr. COVERDELL (for himself, Mr. committees. States, together with an accompanying INHOFE, Mr. HUTCHINSON, Mr. HAGEL, (The nominations received today are report; which was referred to the Com- and Mr. SHELBY): printed at the end of the Senate pro- mittee on Labor and Human Resources. S. 521. A bill to amend the Internal Reve- ceedings.) nue Code of 1986 to impose civil and criminal To the Congress of the United States: penalties for the unauthorized access of tax f In accordance with section 540 of the returns and tax return information by Fed- REPORT CONCERNING THE AN- Federal Food, Drug, and Cosmetic eral employees and other persons, and for other purposes; to the Committee on Fi- NUAL REPORT OF THE DEPART- (FDC) Act (21 U.S.C. 360qq) (previously section 360D of the Public Health Serv- nance. MENT OF TRANSPORTATION— S. 522. A bill to amend the Internal Reve- MESSAGE FROM THE PRESI- ice Act), I am submitting the report of the Department of Health and Human nue Code of 1986 to impose civil and criminal DENT—PM 25 penalties for the unauthorized access of tax Services regarding the administration The PRESIDING OFFICER laid be- returns and tax return information by Fed- of the Radiation Control for Health and eral employees and other persons, and for fore the Senate the following message Safety Act of 1968 during calendar year other purposes; read the first time. from the President of the United 1995. By Mr. GLENN: States, together with an accompanying The report recommends the repeal of S. 523. A bill to amend the Internal Reve- report; which was referred to the Com- section 540 of the FDC Act, which re- nue Code of 1986 to prevent the unauthorized mittee on Commerce, Science, and quires the completion of this annual inspection of tax returns or tax return infor- Transportation. report. All the information found in mation; to the Committee on Finance. By Mr. DASCHLE (for himself and Mr. To the Congress of the United States: this report is available to the Congress DORGAN): As required by section 308 of Public on a more immediate basis through the S. 524. A bill to amend title XVIII of the Law 97–449 (49 U.S.C. 308(a)), I transmit Center for Devices and Radiological Social Security Act to remove the require- herewith the Annual Report of the De- Health technical reports, the Center’s ment of an X-ray as a condition of coverage S2838 CONGRESSIONAL RECORD — SENATE April 8, 1997 of chiropractic services under the Medicare code was long overdue, and I am the debt. The bill explicitly gives vic- program; to the Committee on Finance. pleased that Congress was able to ac- tims access to other civil procedures By Mr. HATCH (for himself, Mr. KEN- complish that last year. already in place for the collection of NEDY, Ms. SNOWE, Mr. KERRY, Mr. However, much more remains to be debts. This lightens the burden of col- JEFFORDS, Mr. DODD, Mr. STEVENS, done to ensure that victims can actu- lecting debt on our Federal courts and Mr. ROCKEFELLER, Mr. BENNETT, Mr. DASCHLE, Ms. COLLINS, Mr. ally collect those restitution payments prosecutors. WELLSTONE, Mr. SMITH of Oregon, Mr. and to provide victims with effective My bill further provides that Federal BINGAMAN, Mr. CAMPBELL, Mrs. MUR- means to pursue whatever restitution courts will continue to have jurisdic- RAY, Mr. REED, Mrs. BOXER, Mr. LAU- payments are owed to them. Even if a tion over criminal restitution judg- TENBERG, Mr. DURBIN, and Mr. REID): defendant may not have the resources ments for 5 years, not including time S. 525. A bill to amend the Public Health to pay off a restitution order fully, vic- that the defendant is incarcerated. The Service Act to provide access to health care tims should still be entitled to go after court is presently permitted to resen- insurance coverage for children; to the Com- whatever resources a defendant does tence or take several other actions mittee on Labor and Human Resources. have and to collect whatever they can. against a criminal who willfully re- By Mr. HATCH (for himself, Mr. KEN- fuses to make restitution payments; NEDY, Mr. BENNETT, Mr. BINGAMAN, We should not effectively tell victims the court may do so until the termi- Mrs. BOXER, Mr. DODD, Mr. DURBIN, that it is not worth going after what- Mr. JEFFORDS, Mr. KERRY, Mr. LAU- ever payments they might get. That is nation of the term of parole. Courts TENBERG, Mrs. MURRAY, Mr. REED, what could happen under the current should have the ability to do more over Mr. REID, Mr. ROCKEFELLER, Ms. system, in which victims have to rely a longer period of time, and to select SNOWE, and Mr. WELLSTONE): on Government attorneys—who may be those means that are more likely to S. 526. A bill to amend the Internal Reve- busy with many other matters—to pur- prove successful. Under my bill, during nue Code of 1986 to increase the excise taxes the extended period, Federal courts on tobacco products for the purpose of offset- sue restitution payments. Instead, we should give victims themselves the will be permitted, where the defendant ting the Federal budgetary costs associated knowingly fails to make restitution with the Child Health Insurance and Lower tools they need so that they can get Deficit Act; to the Committee on Finance. what is rightfully theirs. payments, to modify the terms or con- By Mr. LAUTENBERG (for himself, The victim restitution provisions en- ditions of a defendant’s parole, extend Mr. DURBIN, Mr. HARKIN, Mr. acted last Congress consolidated the the defendant’s probation or supervised WELLSTONE, and Mr. KENNEDY): procedures for the collection of unpaid release, hold the defendant in con- S. 527. A bill to prescribe labels for pack- restitution with existing procedures for tempt, increase the defendant’s origi- ages and advertising for tobacco products, to the collection of unpaid fines. Unless nal sentence, or revoke probation or provide for the disclosure of certain informa- supervised release. tion relating to tobacco products, and for more steps are taken to make enforce- ment of restitution orders more effec- My legislation will also give the other purposes; to the Committee on Com- courts power to impose presentence re- tive for victims, we risk allowing man- merce, Science, and Transportation. straints on defendants’ uses of their as- datory restitution to be mandatory in f sets in appropriate cases. This will pre- name only, with criminals able to vent well-heeled defendants from dis- STATEMENTS ON INTRODUCED evade ever paying their restitution and sipating assets prior to sentencing. BILLS AND JOINT RESOLUTIONS victims left without the ability to take Without such provisions, mandatory By Mr. ABRAHAM: action to enforce restitution orders. Last Congress, I introduced the Vic- victim restitution provisions may well S. 518. A bill to control crime by re- tim Restitution Enforcement Act of be useless in many cases. Even in those rare cases in which a defendant has the quiring mandatory victim restitution; 1995. Many components of my legisla- means to pay full restitution at once, if to the Committee on the Judiciary. tion were also included in the victim the court has no capacity to prevent THE VICTIM RESTITUTION ENFORCEMENT ACT restitution legislation enacted as part the defendant from spending ill-gotten Mr. ABRAHAM. Mr. President, I rise of the Antiterrorism and Effective gains or other assets prior to the sen- today to introduce the Victim Restitu- Death Penalty Act. The legislation I tencing phase, there may be nothing tion Enforcement Act of 1997. I have introduce today is similar to the legis- left for the victim by the time the res- long supported restitution for crime lation I introduced last Congress as titution order is entered. victims, and have long been convinced Senate bill 1504, and is designed to that justice requires us to devise effec- The provisions permitting build on what are now current provi- presentence restraints are similar to tive mechanisms through which vic- sions of law. All in all, I hope to ensure other provisions that already exist in tims can enforce restitution orders and that restitution payments from crimi- the law for private civil actions and make criminals pay for their crimes. nals to victims become a reality, and asset forfeiture cases, and they provide I was very pleased when we enacted that victims have a greater degree of adequate protections for defendants. mandatory victim restitution legisla- control in going after criminals to ob- They require a court hearing, for exam- tion last Congress as part of the tain restitution payments. ple, and place the burden on the Gov- Antiterrorism and Effective Death Under my legislation, restitution or- ernment to show by a preponderance of Penalty Act of 1996. I supported that ders would be enforceable as a civil the evidence that presentence re- legislation and very much appreciated debt, payable immediately. Most res- straints are warranted. the efforts of my colleagues, particu- titution is now collected entirely In short, I want to make criminals larly Senators HATCH, BIDEN, NICKLES, through the criminal justice system. It pay and to give victims the tools with GRASSLEY, and MCCAIN, to ensure that is frequently paid as directed by the which to make them pay. In enacting victim restitution provisions were in- probation officer, which means restitu- mandatory victim restitution legisla- cluded in the antiterrorism legislation. tion payments cannot begin until the tion last Congress, we demonstrated Those victim restitution provisions— prisoner is released. This bill makes our willingness to make some crimes brought together as the Mandatory restitution orders payable imme- subject to this process. I believe we Victims Restitution Act of 1996—will diately, as a civil debt, speeding recov- must take additional steps to make significantly advance the cause of jus- ery and impeding attempts by crimi- those mandatorily issued orders easily tice for victims in Federal criminal nals to avoid repayment. This provi- enforceable. cases. The act requires Federal courts, sion will not impose criminal penalties This legislation is supported by the when sentencing criminal defendants, on those unable to pay, but will simply National Victim Center and by the to order these defendants to pay res- allow civil collection against those Michigan Coalition Against Domestic titution to the victims of their crimes. who have assets. and Sexual Violence. I ask unanimous It also establishes a single set of proce- This will provide victims with new consent to have placed in the RECORD dures for the issuance of restitution or- means of collecting restitution pay- letters of support from those victims’ ders in Federal criminal cases to pro- ments. If the debt is payable imme- rights organizations. vide uniformity in the Federal system. diately, all normal civil collection pro- I urge my colleagues to support my Inclusion of mandatory victim restitu- cedures, including the Federal Debt legislation, which will empower vic- tion provisions in the Federal criminal Collection Act, can be used to collect tims to collect on the debts that they April 8, 1997 CONGRESSIONAL RECORD — SENATE S2839 are owed by criminals and which will sult in a criminal restitution order, and upon ‘‘(iii) PROBATION SERVICE.—Upon convic- improve the enforceability of restitu- the United States showing that the defend- tion, a consumer credit report used under tion orders. ant has or is likely to take action to dis- this subparagraph may be furnished to the I also ask unanimous consent that sipate or hide the property or assets of the United States Probation Service. defendant. ‘‘(e) INFORMATION TO PROBATION SERVICE.— the text of the bill be placed in the ‘‘(iii) Upon the conviction, or entry of a ‘‘(1) IN GENERAL.— RECORD. guilty plea, to an indictment or information ‘‘(A) PROVISION OF INFORMATION BY GOVERN- There being no objection, the mate- charging an offense that may result in a MENT.—Not later than 60 days after convic- rial was ordered to be printed in the criminal restitution order, and upon the tion, and in any event not later than 10 days RECORD, as follows: United States showing that the defendant prior to sentencing, the attorney for the may take action to dissipate or hide the Government after consulting with all vic- S. 518 property or assets of the defendant or that tims (when practicable), shall promptly pro- Be it enacted by the Senate and House of Rep- an order is necessary to marshal and deter- vide the probation service of the court all in- resentatives of the United States of America in mine the property or assets of the defendant. formation readily available to the attorney, Congress assembled, ‘‘(B) PERIOD OF EFFECTIVENESS.—An order including matters occurring before the grand SECTION 1. SHORT TITLE. entered under subparagraph (A) shall be ef- jury relating to the identity of the victim or This Act may be cited as the ‘‘Victim Res- fective for not more than 90 days, unless ex- victims, the amount of losses, and financial titution Enforcement Act’’. tended by the court for good cause shown or matters relating to the defendant. SEC. 2. PROCEDURE FOR ISSUANCE AND EN- unless an indictment or information de- ‘‘(B) PROVISION OF INFORMATION BY DEFEND- FORCEMENT OF RESTITUTION scribed in subparagraph (A)(ii) has been ANTS.—Each defendant shall prepare and file ORDER. filed. with the probation officer an affidavit fully Section 3664 of title 18, United States Code, ‘‘(2) NOTICE OF ORDER.— describing the financial resources of the de- is amended to read as follows: ‘‘(A) IN GENERAL.—Except as provided in fendant, including a complete listing of all ‘‘§ 3664. Procedure for issuance and enforce- paragraph (3), an order entered under this assets owned or controlled by the defendant as of the date on which the defendant was ar- ment of order of restitution subsection shall be after notice to persons appearing to have an interest in the property rested, the financial needs and earning abil- ‘‘(a) IN GENERAL.— and opportunity for a hearing, and upon the ity of the defendant and the defendant’s de- ‘‘(1) RELIANCE ON INFORMATION IN United States carrying the burden of proof pendents, and any other information that PRESENTENCE REPORT.—With respect to each by a preponderance of the evidence. the court requires relating to such other fac- order of restitution under this title, the ‘‘(B) ADMISSIBLE EVIDENCE.—The court may tors as the court determines to be appro- court shall order the probation service of the receive and consider, at a hearing held under priate. court to obtain and include in its this subsection, evidence and information ‘‘(C) NOTICE TO VICTIMS.—The attorney for presentence report, or in a separate report, that would be inadmissible under the Federal the Government shall, to the maximum ex- as the court directs, information sufficient Rules of Evidence. tent practicable and as soon as practicable for the court to exercise its discretion in ‘‘(3) TEMPORARY RESTRAINING ORDER.— after the provision of information by the fashioning a restitution order. ‘‘(A) IN GENERAL.—A temporary restraining Government to the probation service under ‘‘(2) CONTENTS OF REPORT.—Each report de- order may be entered without notice or op- subparagraph (A), provide notice to all vic- scribed in paragraph (1) shall include, to the portunity for a hearing if the United States tims. The notice shall inform the victims extent practicable, a complete accounting of demonstrates that— of— the losses to each victim, any restitution ‘‘(i) there is probable cause to believe that ‘‘(i) the offenses for which the defendant owed pursuant to a plea agreement, and in- the property or assets with respect to which was convicted; formation relating to the economic cir- the order is sought would be subject to exe- ‘‘(ii) the amounts subject to restitution cumstances of each defendant. If the number cution upon the entry of a criminal restitu- and any other information that is relevant or identity of victims cannot be reasonably tion order; to restitution submitted to the probation ascertained, or other circumstances exist ‘‘(ii) there is a substantial probability that service; that make this requirement clearly imprac- the United States will obtain a criminal res- ‘‘(iii) the right of the victim to submit in- ticable, the probation service shall so inform titution order; and formation to the probation service concern- the court. ‘‘(iii) the provision of notice would jeop- ing the amount of the losses of the victim; ‘‘(b) DISCLOSURES.—The court shall dis- ardize the availability of the property or as- ‘‘(iv) the scheduled date, time, and place of close to both the defendant and the attorney sets for execution. the sentencing hearing; for the Government all portions of the ‘‘(B) EXPIRATION OF ORDER.—A temporary ‘‘(v) the availability of a lien in favor of presentence or other report pertaining to the order under this paragraph shall expire not the victim under subsection (n)(1)(D); and matters described in subsection (a). later than 10 days after the date on which it ‘‘(vi) the opportunity of the victim to file ‘‘(c) APPLICABILITY OF OTHER LAW.—This is entered, unless— a separate affidavit with the court under chapter, chapter 227, and Rule 32(c) of the ‘‘(i) the court grants an extension for good subparagraph (E). Federal Rules of Criminal Procedure are the cause shown; or ‘‘(D) LIMITATIONS ON INFORMATION.—Upon only laws and rules applicable to proceedings ‘‘(ii) the party against whom the order is ex parte application to the court, and a under this section. entered consents to an extension for a longer showing that the requirements of subpara- ‘‘(d) ENSURING AVAILABILITY OF PROPERTY period. graph (A) may cause harm to any victim, or OR ASSETS.— ‘‘(C) HEARING.—A hearing requested con- jeopardize an ongoing investigation, the ‘‘(1) IN GENERAL.— cerning an order entered under this para- court may limit the information to be pro- ‘‘(A) RESTRAINING ORDER, INJUNCTION, EXE- graph shall be held at the earliest possible vided to or sought by the probation service CUTION OF PERFORMANCE BOND.—Upon appli- time, and prior to the expiration of the tem- of the court. cation of the United States, the court may porary order. ‘‘(E) AFFIDAVIT OF OBJECTION.—If any vic- enter a restraining order or injunction, re- ‘‘(4) DISCLOSURE OF CERTAIN INFORMATION.— tim objects to any of the information pro- quire the execution of a satisfactory per- ‘‘(A) IN GENERAL.—Information concerning vided to the probation service by the attor- formance bond, or take any other action to the net worth, financial affairs, transactions ney for the Government under this para- preserve the availability of property or as- or interests of the defendant presented to the graph, the victim may file a separate affida- sets necessary to satisfy a criminal restitu- grand jury may be disclosed to an attorney vit with the court. tion order under this subchapter. An order for the Government assisting in the enforce- ‘‘(2) ADDITIONAL DOCUMENTATION OR TESTI- under this subparagraph may be entered in ment of criminal restitution orders, for use MONY.—After reviewing the report of the pro- the following circumstances: in the performance of the duties of that at- bation service of the court, the court may re- ‘‘(i) Prior to the filing of an indictment or torney. quire additional documentation or hear tes- information charging an offense that may re- ‘‘(B) USE OF CONSUMER CREDIT REPORTS.— timony. The privacy of any records filed, or sult in a criminal restitution order, and upon ‘‘(i) IN GENERAL.—An attorney for the Gov- testimony heard, under this section shall be the United States showing that— ernment responsible for the prosecution of maintained to the greatest extent possible ‘‘(I) there is a substantial probability that criminal offenses, or responsible for the en- and those records may be filed or testimony the United States will obtain a criminal res- forcement of criminal restitution orders, heard in camera. titution order; may obtain and use consumer credit reports ‘‘(3) ADDITIONAL TIME FOR DETERMINATION ‘‘(II) the defendant has or is likely to take to— OF LOSSES.—If the losses to the victim are action to dissipate or hide the property or ‘‘(I) obtain an order under this section; not ascertainable by the date that is 10 days assets of the defendant; and ‘‘(II) determine the amount of restitution prior to sentencing as provided in paragraph ‘‘(III) the need to preserve the availability that is appropriate; or (1), the United States Attorney (or a des- of the property or assets through the re- ‘‘(III) enforce a criminal restitution order. ignee of the United States Attorney) shall so quested order outweighs the hardship of any ‘‘(ii) GRAND JURY SUBPOENA.—This subpara- inform the court, and the court shall set a party against whom the order is entered. graph does not limit the availability of date for the final determination of the losses ‘‘(ii) Upon the filing of an indictment or in- grand jury subpoenas to obtain a consumer of the victim, not to exceed 90 days after sen- formation charging an offense that may re- credit report. tencing. If the losses to the victim cannot S2840 CONGRESSIONAL RECORD — SENATE April 8, 1997

reasonably be ascertained, the court shall ‘‘(1) NO PARTICIPATION REQUIRED.—No vic- ‘‘(A) was incarcerated; determine an appropriate amount of restitu- tim shall be required to participate in any ‘‘(B) was a fugitive; or tion based on the available information. If phase of a restitution order. If a victim de- ‘‘(C) was granted a stay that prevented the the victim subsequently discovers further clines to receive restitution made manda- enforcement of the restitution order. losses, the victim shall have 60 days after tory by this title, the court shall order that ‘‘(2) FAILURE TO PAY.—While within the ju- discovery of those losses during which to pe- the share of the victim of any restitution risdiction of the court, if the defendant tition the court for an amended restitution owed be deposited in the Crime Victims Fund knowingly fails to make a bona fide effort to order. The order may be granted only upon a in the Treasury. pay whatever amount of restitution is or- showing of good cause for the failure to in- ‘‘(2) ASSIGNMENT OF INTEREST.—A victim dered by the court, or knowingly and will- clude those losses in the initial claim for may at any time assign the interest of the fully refuses to pay restitution, the court restitutionary relief. victim in restitution payments to the Crime may— ‘‘(4) REFERRAL TO MAGISTRATE OR SPECIAL Victims Fund in the Treasury without in any ‘‘(A) modify the terms or conditions of the MASTER.—The court may refer any issue aris- way impairing the obligation of the defend- probation or supervised release of the de- ing in connection with a proposed order of ant to make those payments. fendant; restitution to a magistrate or special master ‘‘(3) VICTIMS NOT IDENTIFIED OR LOCATED.— ‘‘(B) extend the probation or supervised re- for proposed findings of fact and rec- If the victim cannot be located or identified, lease of the defendant until a date not later ommendations as to disposition, subject to a the court shall direct that the restitution than 10 years from the date the sentence was de novo determination of the issue by the payments be made to the Crime Victims imposed; court. Fund of the Treasury. This paragraph shall ‘‘(C) revoke the probation or supervised re- ‘‘(5) INSURANCE OF VICTIM NOT CONSID- not be construed to impair the obligation of lease of the defendant; ERED.—In no case shall the fact that a victim the defendant to make those payments. ‘‘(D) hold the defendant in contempt; or has received or is entitled to receive com- ‘‘(i) JOINT AND SEVERAL LIABILITY OF MUL- ‘‘(E) increase the sentence of the defendant pensation with respect to a loss from insur- TIPLE DEFENDANTS.—If the court finds that to any sentence that might originally have ance or any other source be considered in de- more than 1 defendant has contributed to the been imposed under the applicable statute, termining the amount of restitution. loss of a victim, the court may make each without regard to the sentencing guidelines. defendant jointly and severally liable for VIDENTIARY STANDARD.—Any dispute ‘‘(n) ENFORCEMENT OF ORDER OF RESTITU- ‘‘(f) E payment of the full amount of restitution or TION.— as to the proper amount or type of restitu- may apportion liability among the defend- ‘‘(1) IN GENERAL.—An order of restitution tion shall be resolved by the court by the ants to reflect the level of contribution to may be enforced— preponderance of the evidence. The burden of the loss of the victim and economic cir- demonstrating the amount of the loss sus- cumstances of each defendant. ‘‘(A) through civil or administrative meth- tained by a victim as a result of the offense ‘‘(j) PRIORITY OF PAYMENTS.—If the court ods during the period that the restitution shall be on the attorney for the Government. finds that more than 1 victim has sustained lien provided for in section 3613 of title 18, The burden of demonstrating the financial a loss requiring restitution by a defendant, United States Code, is enforceable; resources of the defendant and the financial the court may issue an order of priority for ‘‘(B) by the United States in the manner needs of the defendant and the dependents of restitution payments based on the type and provided for in subchapter C of chapter 227 the defendant shall be on the defendant. The amount of the loss of the victim accounting and subchapter B of chapter 229; burden of demonstrating such other matters for the economic circumstances of each vic- ‘‘(C) by the United States regardless of as the court deems appropriate shall be upon tim. In any case in which the United States whether for the benefit of the United States, the party designated by the court as justice is a victim, the court shall ensure that all in accordance with the procedures of chapter requires. individual victims receive full restitution be- 176 of part VI of title 28, or in accordance ‘‘(g) FACTORS FOR CONSIDERATION.— fore the United States receives any restitu- with any other administrative or civil en- ‘‘(1) IN GENERAL.— tion. forcement means available to the United ‘‘(A) ECONOMIC CIRCUMSTANCES OF VICTIM ‘‘(k) INSURANCE.— States to enforce a debt due the United NOT CONSIDERED.—In each order of restitu- ‘‘(1) IN GENERAL.—If a victim has received States; or tion, the court shall order restitution to or is entitled to receive compensation with ‘‘(D) by any victim named in the restitu- each victim in the full amount of the losses respect to a loss from insurance or any other tion order as a lien under section 1962 of title of each victim as determined by the court source, the court shall order that restitution 28. and without consideration of the economic shall be paid to the person who provided or ‘‘(2) ESTOPPEL.—A conviction of a defend- circumstances of the defendant. is obligated to provide the compensation, but ant for an offense giving rise to restitution ‘‘(B) AWARD OF REASONABLY ASCERTAINABLE the restitution order shall provide that all under this section shall estop the defendant LOSSES.—The court shall order restitution in restitution of victims required by the order from denying the essential allegations of the amount of the total loss that is reason- be paid to the victims before any restitution that offense in any subsequent Federal civil ably ascertainable, if— is paid to any such provider of compensation. proceeding or State civil proceeding, regard- ‘‘(i) the number of victims is too great; ‘‘(2) REDUCTION OF AMOUNT.—Any amount less of any State law precluding estoppel for ‘‘(ii) the actual identity of the victims can- paid to a victim under an order of restitution a lack of mutuality. The victim, in the sub- not be ascertained; and shall be reduced by any amount later recov- sequent proceeding, shall not be precluded ‘‘(iii) or the full amount of the losses of ered as compensatory damages for the same from establishing a loss that is greater than each victim cannot be reasonably loss by the victim in— the loss determined by the court in the ear- ascertained; ‘‘(A) any Federal civil proceeding; and lier criminal proceeding.’’. ‘‘(B) any State civil proceeding, to the ex- ‘‘(2) AMOUNT AND TIMING OF RESTITUTION.— SEC. 3. CIVIL REMEDIES. tent provided by the law of the State. The restitution order shall be for a sum cer- Section 3613 of title 18, United States Code, ‘‘(3) OTHER RESOURCES.—If a person obli- tain and payable immediately. is amended— gated to provide restitution receives sub- ‘‘(3) NOMINAL PERIODIC PAYMENTS.—If the (1) in the section heading, by inserting ‘‘or stantial resources from any source, including court finds from facts on the record that the restitution’’ after ‘‘fine’’; and inheritance, settlement, or other judgment, economic circumstances of the defendant do (2) in subsection (a)— that person shall be required to apply the not allow and are not likely to allow the de- (A) by striking ‘‘The United States’’ and value of those resources to any restitution fendant to make more than nominal pay- inserting the following: still owed. ments under the restitution order, the court ‘‘(1) FINES.—The United States’’; ‘‘(l) MATERIAL CHANGES IN ECONOMIC STA- shall direct the defendant to make nominal TUS OF DEFENDANT.—The defendant shall no- (B) by redesignating paragraphs (1), (2), periodic payments in the amount the defend- tify the court and the Attorney General of and (3) as subparagraphs (A), (B), and (C), re- ant can reasonably be expected to pay by any material change in the economic cir- spectively, and indenting accordingly; and making a diligent and bona fide effort to- cumstances of the defendant that might af- (C) by adding at the end the following: ward the restitution order entered under fect the ability of the defendant to pay res- ‘‘(2) RESTITUTION.— paragraph (1). Nothing in the paragraph shall titution. Upon receipt of the notification, ‘‘(A) IN GENERAL.— impair the obligation of the defendant to the court may, on its own motion, or the mo- ‘‘(i) LIEN.—An order of restitution shall op- make full restitution under this subsection. tion of any party, including the victim, ad- erate as a lien in favor of the United States ‘‘(4) STATUS OF DEBT.—Notwithstanding just the payment schedule, or require imme- for its benefit or for the benefit of any non- any payment schedule entered by the court diate payment in full, as the interests of jus- Federal victims against all property belong- under paragraph (2), each order of restitution tice require. ing to the defendant or defendants. shall be a civil debt, payable immediately, ‘‘(m) JURISDICTION OF COURT.— ‘‘(ii) TIMING.—The lien shall arise at the and subject to the enforcement procedures ‘‘(1) IN GENERAL.—The court shall retain time of the entry of judgment or order and provided in subsection (n). In no event shall jurisdiction over any criminal restitution shall continue until the liability is satisfied, a defendant incur any criminal penalty for judgment or amended criminal restitution remitted, or set aside, or until it becomes failure to make a restitution payment under judgment for a period of 5 years from the otherwise unenforceable. the restitution order because of the date the sentence was imposed. This limita- ‘‘(iii) PERSONS AGAINST WHOM LIEN AP- indigency of the defendant. tion shall be tolled during any period of time PLIES.—The lien shall apply against all prop- ‘‘(h) VICTIM RIGHTS.— that the defendant— erty and property interests— April 8, 1997 CONGRESSIONAL RECORD — SENATE S2841 ‘‘(I) owned by the defendant or defendants NATIONAL VICTIM CENTER, nate the U.S. Navy’s F/A–18 E/F Super at the time of arrest; and March 18, 1997. Hornet Program. ‘‘(II) subsequently acquired by the defend- Hon. SPENCER ABRAHAM, The basis for this legislation is con- ant or defendants. U.S. Senate, tained in a 1996 General Accounting Of- Washington, DC. ‘‘(B) ENTRY OF LIEN.—The lien shall be en- fice report entitled ‘‘Navy Aviation: F/ tered in the name of the United States on be- DEAR SENATOR ABRAHAM: The National Victim Center would like to express it strong A–18 E/F Will Provide Marginal Oper- half of all ascertained victims, unascertained ational Improvement at High Cost.’’ In victims, victims entitled to restitution who support for your bill, the Victims Restitu- tion Enforcement Act of 1997. Restitution is this report, GAO studied the rationale choose not to participate in the restitution one of the most direct manifestations of jus- program and victims entitled to restitution and need for the F/A–18 E/F in order to tice that our criminal justice system can determine whether continued develop- who cannot assert their interests in the lien provide: requiring the convicted offender to for any reason. ment of the aircraft is the most cost- pay for the harm caused by his criminal con- effective approach to modernizing the ‘‘(3) JOINTLY HELD PROPERTY.— duct. No other aspect of our system has a ‘‘(A) IN GENERAL.— greater impact on the lives of crime victims, Navy’s tactical aircraft fleet. GAO con- ‘‘(i) DIVISION AND SALE OF PROPERTY.—If or on their satisfaction with the criminal cluded that the marginal improve- the court enforcing an order of restitution justice process. ments of the F/A–18 E/F are far out- under this section determines that the de- The provisions of this bill would greatly fa- weighed by the high cost of the pro- fendant has an interest in property with an- cilitate the ordering and collection of res- gram. other, and that the defendant cannot satisfy titution for victims’ of federal offenses, and Mr. President, in our current fiscal the restitution order from his or her sepa- would serve as a mode for state legislatures climate, I have serious concerns about who are searching for a means to enhance rate property or income, the court may, authorizing funding for such a costly after considering all of the equities, order their own restitution efforts. Adoption of that jointly owned property be divided and this bill would fully implement the spirit of program, which according to GAO will sold, upon such conditions as the court the Mandatory Victims’ Restitution Act of deliver only marginal improvements deems just, notwithstanding any Federal or 1996 (P.L. 104–132, § 201 et seq.). It would pro- over the current C/D version of the F/ State law to the contrary. vide courts the information necessary to A–18. ‘‘(ii) PROTECTION OF INNOCENT PARTIES.— issue meaningful restitution orders, would As GAO noted in its report, at a pro- The court shall take care to protect the rea- create a raft of mechanisms to enhance the jected total program cost of $89.15 bil- sonable and legitimate interests of the inno- enforcement of those orders. lion, the F/A–18 E/F Program is one of Passage of the Victims Restitution En- cent spouse and minor children of the de- forcement Act of 1997 would send a strong the most costly aviation programs in fendant, especially real property used as the signal to the American people that the fed- the Department of Defense. The total actual home of that innocent spouse and eral government will do everything in its program cost is comprised of $5.833 bil- minor children, except to the extent that the power to provide justice to our nation’s lion in development costs and $83.35 court determines that the interest of that in- crime victims. We urge your fellow congress billion in procurement costs for 1,000 nocent spouse and children is the product of members to join in supporting this impor- aircraft. the criminal activity of which the defendant tant legislation. Mr. President, before I begin to de- has been convicted, or is the result of a Yours truly, fraudulent transfer. scribe GAO’s findings in detail, I would DAVID BEATTY, first like to discuss briefly the role of ‘‘(B) FRAUDULENT TRANSFERS.—In deter- Acting Executive Director. mining whether there was a fraudulent the F/A–18 aircraft in our Nation’s transfer, the court shall consider whether MICHIGAN COALITION, overall naval aviation force structure. the debtor made the transfer— April 8, 1997. The Navy performs its carrier-based ‘‘(i) with actual intent to hinder, delay, or Hon. SPENCER ABRAHAM, missions with a mix of fighter (air-to- defraud the United States or other victim; or U.S. Senator, air combat), strike (air-to-ground com- ‘‘(ii) without receiving a reasonably equiv- Washington, DC. bat), and strike/fighter (multicombat alent value in exchange for the transfer. DEAR SENATOR ABRAHAM: The Michigan Co- role) aircraft. Currently, carrier based ‘‘(C) CONSIDERATIONS FOR PROTECTION OF IN- alition Against Domestic and Sexual Vio- lence (MCADSV) fully supports the Victim F–14 fighter aircraft perform air-to-air NOCENT PARTIES.—In determining what por- missions; A6E’s perform air-to-ground tion of the jointly owned property shall be Restitution Enforcement Act that you intro- missions; and F/A–18’s perform both set aside for the innocent spouse or children duce today. Perpetrators of domestic vio- of the defendant, or whether to have sold or lence and sexual assault exact a devastating air-to-air and air-to-ground missions. divided the jointly held property, the court emotional toll on their victims, a price that The F/A–18 E/F Super Hornet is the lat- shall consider— many survivors pay for a lifetime. Addition- est version of the Navy’s carrier-based ally, there are often substantial financial ‘‘(i) the contributions of the other joint F/A–18 strike/fighter plane. costs borne by the victim. Obvious expenses owner to the value of the property; Mr. President, the F/A–18 E/F is just are those for property damage and medical ‘‘(ii) the reasonable expectation of the one of three costly new fighter pro- care. Often overlooked are the costs of coun- other joint owner to be able to enjoy the seling, lost work time, child care, and ex- grams the Department of Defense has continued use of the property; and penses related to preparing for and attending on the drawing boards right now. ‘‘(iii) the economic circumstances and the trial. In addition to the F/A–18 E/F, there is needs of the defendant and dependents of the While there is no legislative or other rem- the Air Force’s F–22, which is intended defendant and the economic circumstances edy to erase the pain and terror experienced to replace the A–10 and the venerable and needs of the victim and the dependents as a result of violent crime, we can take F–16 Falcon. The F–22 is also intended of the victim.’’. greater measures to ensure that victims are to either supplant or augment the Air not forced to pay, out of their own pockets, SEC. 4. FINES. for the actions of criminals. This legislation Force’s top fighter, the F–15. It will Section 3572(b) of title 18, United States is necessary both to empower victims and re- have stealth capabilities and will be Code, is amended to read as follows: quire more perpetrators to pay for the finan- able to survive in dense air-defense en- cial consequences of their crimes. vironments. ‘‘(b) PAYMENTS; EFFECT OF INDIGENCY.— MCADSV greatly appreciates your advo- And of course, there is the Joint Any fine, special assessment, restitution, or cacy efforts on behalf of crime victims by Strike Fighter, which I will discuss in cost shall be for a sum certain and shall be sponsoring this important initiative. greater detail in a few moments. The payable immediately. In no event shall a de- Sincerely yours, JSF is intended to perform virtually fendant incur any criminal penalty for fail- KATHLEEN HAGENIAN, ure to make a payment on a fine, special as- Director, every type of mission that fighter air- sessment, restitution, or cost as a result of Public Policy and Program Services. craft perform in today’s force struc- the indigency of the defendant.’’. ture, and is to be employed by the By Mr. FEINGOLD: Navy, the Air Force, and Marine Corps SEC. 5. RESENTENCING. S. 520. A bill to terminate the F/A–18 in unprecedented fashion. Section 3614(a) of title 18, United States E/F aircraft program; to the Commit- There are few who seriously believe Code, is amended by inserting before the pe- tee on Armed Services. that the Pentagon can afford to main- riod at the end the following: ‘‘or may in- TERMINATING THE F/A–18 E/F SUPER HORNET tain all three tactical fighter pro- crease the sentence of the defendant to any LEGISLATION grams. The General Accounting Office, sentence that might originally have been im- Mr. FEINGOLD. Mr. President, I rise the Congressional Budget Office and posed under the applicable statute’’. today to introduce legislation to termi- many others have maintained that the S2842 CONGRESSIONAL RECORD — SENATE April 8, 1997 likelihood that all three programs can 330 gallon tank) far greater than the will be diminished and will only help be fully funded with the planned num- target distances stipulated in the E/F’s the aircraft penetrate slightly deeper ber of aircraft buys is virtually nil. In system specifications by flying the than the F/A–18 C/D into an integrated fact, many view the JSF as the only same high-altitude missions as the E/F. defensive system before being detected. modernization program that should be Additionally, according to GAO, the E/ Mr. President, as we discuss surviv- continued. Given our fiscal constraints F’s increased strike range is achieved ability, it is relevant to highlight the and Federal budget deficit, can we af- at the expense of the aircraft’s aerial outstanding performance of the F/A–18 ford to finance three separate fighter combat performance as evidenced by C/D in the gulf war just a few short programs with the caliber and costs of its sustained turn rate, maneuvering, years ago. By the Navy’s own account, the F/A–18 E/F, the F–22, and the JSF? and acceleration which impact its abil- the C/D performed extraordinarily well, The answer is unequivocally no. And ity to maneuver in either offensive or dropping 18 million pounds of ordi- that is why I am introducing legisla- defensive modes. nance, recording all Navy MiG kills, tion to terminate any further develop- One claim the Navy has made in re- and, in the Navy’s own words, experi- ment or procurement of the program sponse to the GAO report is that the C/ encing ‘‘unprecedented survivability.’’ that appears to be most questionable, D cannot be outfitted with 480-gallon In addition to noting the operational the E/F upgrade. external fuel tanks. GAO disputes this, capability improvements in justifying The Navy has based the need for de- citing contractor studies that con- the development of the F/A–18 E/F, the velopment and procurement of the F/A– cluded 480-gallon tanks can be carried Navy also notes limitations of current 18 E/F on existing or projected oper- on the C/D’s inboard stations. GAO also C/D’s with respect to avionics growth ational deficiencies of the F/A–18C/D in points out that the Canadians have space and payload capacity. The Navy the following key areas: strike range, flown the F/A–18 C with the larger ex- predicted that by the mid-1990’s the carrier recovery payload and surviv- ternal fuel tanks. F/A–18 C/D would not have growth ability. In addition, the Navy notes Mr. President, another significant space to accommodate additional new limitations of current C/D’s with re- reason the Navy cites in support of the weapons and systems under develop- spect to avionics growth space and pay- continued development of the E/F is an ment. Specifically, the Navy predicted load capacity. In its report, GAO con- anticipated deficiency in F/A–18C car- that by fiscal year 1996 C/D’s would cludes that the operational deficiencies rier recovery payload—the amount of only have 0.2 cubic feet of space avail- in the C/D that the Navy cited in justi- fuel, weapons and external equipment able for future avionics growth; how- fying the E/F either have not material- that an aircraft can carry when return- ever, 5.3 cubic feet of available space ized as projected or such deficiencies ing from a mission and landing on a have been identified for future system can be corrected with nonstructural carrier. growth. Furthermore, technological changes to the current C/D and addi- However, the deficiency in carrier re- advancements such as miniaturization, tional upgrades made which would fur- covery payload which the Navy antici- modularity and consolidation may re- ther improve its capabilities. pated of the F/A–18C simply has not sult in additional growth space for fu- One of the primary reasons the Navy materialized. When initially procured, ture avionics. cites in justifying the E/F is the need F/A–18C’s had a total carrier recovery for increased range and the C/D’s in- payload of 6,300 pounds. Because of the The Navy also stated that the F/A–18 ability to perform long-range Navy’s decision to increase the F/A– E/F will provide increased payload ca- unrefueled missions against high-value 18C’s maximum allowable carrier land- pacity as a result of two new outboard targets. However, GAO concludes that ing weight and a lower aircraft operat- weapons stations; however, unless cur- the Navy’s F/A–18 strike range require- ing weight resulting from techno- rent problems concerning weapons re- ments can be met by either the F/A–18 logical improvements, the F/A–18C now lease are resolved—air flow problems E/F or F/A–18 C/D. Furthermore, it con- has a carrier recovery payload of 7,113 around the fuselage and weapons sta- cludes that the increased range of the pounds. tions—the types and amounts of weap- E/F is achieved at the expense of its F/A–18C’s operating in support of ons the E/F can carry will be restricted aerial combat performance, and that Bosnian operations are now routinely and the possible payload increase may even with increased range, both air- returning to carriers with operational be negated. Also, while the E/F will craft will still require aerial refueling loads of 7,166 pounds, which exceeds the provide a marginal increase in air-to- for low-altitude missions. Navy’s stated carrier recovery payload air capability by carrying two extra The F/A–18 E/F specification require- capacity. This recovery payload is sub- missiles, it will not increase its ability ments call for the aircraft to have a stantially greater than the Navy pro- to carry the heavier, precision-guided, flight range of 390 nautical miles (nm) jected it would be and is even greater air-to-ground weapons that are capable while performing low-altitude bombing than when the F/A–18C was first intro- of hitting fixed and mobile hard targets missions. The F/A–18 E/F will achieve a duced in 1988. In addition, GAO notes and the heavier stand-off weapons that strike range of 465 nm while perform- that while it is not necessary, upgrad- will be used to increase aircraft surviv- ing low-altitude missions by carrying 2 ing F/A–18C’s with stronger landing ability. external 480 gallon fuel tanks. While gear could allow them to recover car- Understanding that the F/A–18 E/F current C/D’s achieve a flight range of rier payloads of more than 10,000 may not deliver as significant oper- 325 nm with 2–330 gallon fuel tanks pounds—greater than that sought for ational capability improvements as while performing low-altitude mis- the F/A–18 E/F (9,000 pounds). originally expected, I would now like sions—65 nm below the specification re- While the Navy also cites a need to to focus on the cost of the F/A–18 E/F quirement of the E/F—when they are improve combat survivability in justi- Program and possible alternatives to equipped with the 2–480 gallon external fying the development of the F/A–18 E/ it. As previously mentioned, the total fuel tanks that are planned to be used F, the aircraft was not developed to program cost of the F/A–18 E/F is pro- on the E/F, the C/D can achieve a counter a particular military threat jected to be $89.15 billion. These pro- strike range of 393 nm on low-altitude that could not be met with existing or gram costs are based on the procure- missions. improved F/A–18 C/D’s. Additional im- ment assumption of 1,000 aircraft—660 Recent Navy range predictions show provements have subsequently been by the Navy and 340 by the Marine that the F/A–18 E/F is expected to have made or are planned for the F/A–18 C/D Corps—at an annual production rate of a 683 nm strike range when flying a to enhance its survivability including 72 aircraft per year. Mr. President, as more fuel-efficient, survivable, and le- improvements to reduce its radar de- the GAO report points out, these fig- thal high-altitude mission profile rath- tectability, while survivability im- ures are overstated. According to Ma- er than the specified low-altitude pro- provements of the F/A–18 E/F are ques- rine Corps officials and the Marine file. Similarly, although F/A–18 E/F tionable. For example, because the F/ Corps Aviation Master Plan, the Ma- range will be greater than the F/A–18 C/ A–18 E/F will be carrying weapons and rine Corps does not intend to buy any D, the C/D could achieve strike ranges fuel externally, the radar signature re- F/A–18 E/F’s and, therefore, the pro- (566 nm with 3–330 gallon fuel tanks or duction improvements derived from jected 1,000 aircraft buy is overstated 600 nm with 2–480 gallon tanks and 1– the structural design of the aircraft by 340 aircraft. April 8, 1997 CONGRESSIONAL RECORD — SENATE S2843 Although the Pentagon contends triservice commonality. The Navy the F/A–18 C/D can serve that function, that the Navy had intended to pur- plans to procure 300 JSF’s with a pro- as it has demonstrated its ability to chase 1,000 aircraft all along, extensive jected initial operational capability exceed predicted capacity or whether documentation and testimony dem- around 2007. we should proceed with an expensive, onstrates this not to be the case and Contractor concept exploration and new plane for a marginal level of im- the 1,000 figure was the original com- demonstration studies indicate that provement. The $17 billion difference in plete buy. the JSF will have superior or com- projected costs does not appear to pro- I would also note the importance of parable capabilities in all Navy tac- vide a significant return on our invest- the Marine Corps opting out of the E/F tical aircraft mission areas, especially ment. In times of severe fiscal con- Program. Although the E/F was origi- range and survivability, at far less cost straints and a need to look at all areas nally developed to service two than the F/A–18 E/F. The JSF is ex- of the budget to identify more cost-ef- branches with differing needs and re- pected to be a stand alone, stealthy, fective approaches, the F/A–18 E/F is a quirements, the Marine Corps has cho- first-day-of-the-war, survivable air- project in need of reevaluation. sen instead to invest in the Joint craft. Overall, the JSF is expected to Last year, I offered an amendment to Strike Fighter program and use those be more survivable and capable than the fiscal year 1997 authorization bill aircraft to replace their AV–8B Har- any existing or planned tactical air- for the Department of Defense that re- riers and F/A–18 C/D’s. craft in strike and air-to-air missions, quired the Pentagon to conduct a cost- Furthermore, the Congress has stat- with the possible exception of the F–22 benefit analysis of the F/A–18 E/F Pro- ed that an annual production rate of 72 in air-to-air missions. The Navy’s JSF gram, and to report their findings to E/F aircraft is probably not feasible variant is also expected to have longer the Congress by March 30, 1997. This due to funding limitations and directed ranges than the F/A–18 E/F to attack study was to include a review of the E/ the Navy to calculate costs based on high-value targets without using exter- F program, an analysis and estimate of more realistic production rates as 18, nal tanks or tanking. Unlike the F/A– the production costs of the program for 36, and 54 aircraft per year. In fact, ac- 18 E/F which would carry all of its the total number of aircraft expected cording to the Congressional Research weapons externally, the Navy’s JSF to be procured at several different pro- Service: ‘‘* * * no naval aircraft have will carry at least four weapons for duction rates and a comparison of the been bought in such quantities in re- both air-to-air and air-to-ground com- costs and benefits of this program with cent years, and it is unlikely that such bat internally, thereby maximizing its the costs and benefits of the C/D Pro- annual buys will be funded in the stealthiness and increasing its surviv- gram. That analysis has not been for- 1990’s, given expected force reductions ability. Finally, the JSF would not re- warded to the Congress as of this date. and lower inventory requirements and quire jamming support from EA–6B air- In addition to this report, the Quad- the absence of consensus about future craft as does the F/A–18 E/F in carrying rennial Defense Review [QDR], respon- military threats.’’ out its mission in the face of inte- sible for evaluating all weapon system Using the Navy’s overstated assump- grated air defense systems. programs, is also scheduled to be com- tions about the total number of planes While the JSF is expected to have su- pleted in the near future. procured and an estimated annual pro- perior operational capabilities, it is ex- Unfortunately, I was enormously dis- duction rate of 72 aircraft per year, the pected to be developed and procured at appointed when the Secretary of De- Navy calculates the unit recurring far less expense than the F/A–18 E/F. In fense, rather than waiting for these re- flyaway cost of the F/A–18 E/F—costs fact, the unit recurring flyaway cost of ports to be completed and publicly re- related to the production of the basic the Navy’s JSF is estimated to range leased, announced on March 28 his deci- aircraft—at $44 million. However, using from $31–38 million depending on which sion to move forward with the E/F Pro- GAO’s more realistic assumptions of contractor design is chosen for the air- gram and procure 62 new F/A–18 E/F the procurement of 660 aircraft by the craft, as compared to GAO’s $53 million fighter planes at an initial cost of $48 Navy, at a production rate of 36 air- estimate for the F/A–18 E/F. Additional million each. craft per year, the unit recurring cost benefits of the JSF would result flyaway cost of the E/F balloons to $53 from having common aircraft spare I would have hoped that the Sec- million. This is compared to the $28 parts, simplified technical specifica- retary, who I have tremendous respect million unit recurring flyaway cost of tions, and reduced support equipment and admiration for, would have waited the F/A–18 C/D based on a production variations, as well as reductions in air- until the mandated reports had been rate of 36 aircraft per year. Thus, GAO crew and maintenance training re- provided to Congress and until the re- estimates that this cost difference in quirements. sults of the QDR—which could have a unit recurring flyaway would result in Mr. President, given the enormous significant impact on the Pentagon’s a savings of almost $17 billion if the cost and marginal improvement in tactical aircraft modernization plans— Navy were to procure the F/A–18 C/D’s operational capabilities the F/A–18 E/F had been made public. Instead, this rather than the E/F’s. would provide, it seems that the jus- perplexing decision to proceed with the Mr. President, this is certainly a sig- tification for the E/F is not as evident procurement of 62 of these expensive nificant amount of savings. Now I as once thought. Operational defi- planes precludes the Congress from of- know that some of my colleagues will ciencies in the C/D aircraft either have fering any input on the Department’s say that by halting production of the not materialized or can be corrected policy based on a review of the required F/A–18 E/F and instead relying on the with nonstructural changes to the reports. I am puzzled as to why the new F/A–18 C/D, we will be mortgaging the plane. As a result, proceeding with the Secretary did not await these reports future of our Naval aviation fleet. How- E/F program may not be the most cost- before announcing this decision. ever, Mr. President, there is a far less effective approach to modernizing the The 1996 GAO report concluded that costly program already being devel- Navy’s tactical aircraft fleet. In the we could achieve almost $17 billion in oped which may yield more significant short term, the Navy can continue to cost savings if the Navy elected to pro- returns in operational capability. This procure the F/A–18 C/D aircraft, while cure additional C/D versions of the F/ program is the Joint Strike Fighter or upgrading it to improve further its A–18 rather than the costlier E/F JSF Program. operational capabilities. For the long model. Mr. President, by all accounts The JSF Program office is currently term, the Navy can look toward the the F/A–18 C/D is a top quality aircraft developing technology for a family of next generation strike fighter, the that has served the Navy well over the affordable next generation multirole JSF, which will provide more oper- last decade, and could be modified to strike fighter aircraft for the Air ational capability at far less cost than meet every capacity the E/F is in- Force, Marine Corps, and Navy. The the E/F. tended to fulfill over the course of the JSF is expected to be a stealthy strike Mr. President, succinctly put, the next decade at a substantially lower aircraft built on a single production Navy needs an aircraft that will bridge cost. line with a high degree of parts and between the current force and the new, Therefore, considering the Depart- cost commonality. The driving focus of superior JSF which will be operational ment of Defense has clearly over- the JSF is affordability achieved by around 2007. The question is whether extended itself in terms of supporting S2844 CONGRESSIONAL RECORD — SENATE April 8, 1997 three major multirole fighter pro- making its decision, the appellate tigated for what I term ‘‘computer grams, and given that the most promis- panel found Mr. Czubinski’s browsing voyeurism’’, where they call up returns ing tactical aviation program appears to be reprehensible, but also found no of friends, enemies, celebrities, rel- to be the triservice joint strike fighter crime had been committed because atives, or neighbors just to snoop and which will likely outperform the F/A– prosecutors could not prove he had satisfy their own prurient interests. 18 E/F at a substantially lower cost, it used the information or disclosed it. Even worse, in some cases, IRS em- is clear that we must discontinue the In addition, a few years back, I was ployees either altered their own re- E/F Program before the American tax- shocked to learn that in my home city turns to get refunds, or conspired with payer is asked to fund yet another of Atlanta, nearly 370 employees of the other taxpayer friends to change their multibillion dollar duplicative pro- local IRS office were caught accessing returns and get a kickback from those gram. the tax returns and return information refunds. I ask unanimous consent that the of friends, neighbors, and celebrities My investigation revealed serious text of the bill be printed in the without proper authorization. flaws in the IRS’ ability to monitor, RECORD. Mr. President, the Taxpayer Privacy prevent, and detect browsing. There being no objection, the bill was Protection Act would make it a crime In response, the IRS Commissioner ordered to be printed in the RECORD, as to engage in file snooping, punishable pledged a zero tolerance policy to pro- follows: by a fine of up to $1,000 and/or 1 year tect taxpayer privacy and vigorously S. 520 imprisonment. Further, a convicted of- discipline those who abuse this trust. Be it enacted by the Senate and House of Rep- fender would have to reimburse all The Commissioner also implemented a resentatives of the United States of America in costs of prosecution and face dismissal. new system called EARL—Electronic Congress assembled, My legislation also requires notifica- Audit Research Log—to help identify SECTION 1. TERMINATION OF THE F/A–18E/F AIR- tion of taxpayers who suffer this abuse. inappropriate and unauthorized access CRAFT PROGRAM. Unfortunately, what should seem to be to taxpayer information stored in the (a) TERMINATION OF PROGRAM.—The Sec- retary of Defense shall terminate the F/A– a simple matter of decency must be re- IRS’ main computer system. 18E/F aircraft program. quired of the IRS. In response to sug- That primary system, IDRS—Inte- (b) PAYMENT OF TERMINATION COSTS.— gestions taxpayers be notified when grated Data Retrieval System—handles Funds available for procurement and for re- their privacy has been invaded by file more than 100 million transactions per search, development, test, and evaluation snoopers, IRS Commissioner Margaret month and is used by over 55,000 IRS that are available on or after the date of the Richardson stated, ‘‘I’m not sure there employees. At least one-third of those enactment of this Act for obligation for the would be serious value to that in terms employees are authorized to input ad- F/A–18E/F aircraft program may be obligated for that program only for payment of the of protecting the taxpayers’ rights.’’ justments to tax account records. costs associated with the termination of the With all respect, such sentiment is typ- I had asked the General Accounting program. ical of a Washington status quo men- Office [GAO] to review the progress tality that is out-of-touch with the made by the IRS in reducing computer By Mr. COVERDELL (for himself, rest of America. security risks and in curbing browsing. Mr. INHOFE, Mr. HUTCHINSON, Finally, my proposal would provide Earlier this year, GAO produced that Mr. HAGEL, and Mr. SHELBY): taxpayers who have been victims of file report. However, because some of the S. 521. A bill to amend the Internal snooping with the option of seeking specific details could jeopardize IRS se- Revenue Code of 1986 to impose civil civil action. Quite simply, it is the de- curity, that report was designated for and criminal penalties for the unau- cent thing to do. ‘‘Limited Official Use’’ with restricted thorized access of tax returns and tax Taxpayer privacy is one of the most access. return information by Federal employ- sacred trusts we place in the IRS. Un- Due to my involvement in this im- ees and other persons, and for other fortunately, this agency has not lived portant issue, and because I believe the purposes; to the Committee on Fi- up to this trust. With passage of the public has a right to know, I requested nance. Taxpayer Privacy Protection Act, hon- that GAO issue a redacted version of THE COVERDELL TAXPAYER PRIVACY est, hardworking taxpayers can be as- the report suitable for public release. I PROTECTION ACT sured their full privacy will be pro- would like to thank GAO for their hard Mr. COVERDELL. Mr. President, tected every April 15. They deserve no work in this matter and also the IRS today I rise to offer legislation that less. for their cooperation in making this will end one of the most pernicious of- possible. fenses forced upon honest taxpayers. I By Mr. GLENN: The findings of GAO’s report are dis- am talking about file snooping. Others S. 523. A bill to amend the Internal turbing. Even more important, their may call it browsing or scanning. Revenue Code of 1986 to prevent the un- findings are reaffirmed by the IRS in a Whatever the name, it is just plain authorized inspection of tax returns or comprehensive internal report of their wrong, and it ought to be stopped. That tax return information; to the Commit- own compiled last fall. is why today I am introducing the Tax- tee on Finance. Before I get to the specifics, I just payer Privacy Protection Act. IRS SYSTEMS SECURITY LEGISLATION want to say a couple of things. Too often, the Internal Revenue Mr. GLENN. Mr. President, the date Point One. The vast majority of IRS Service acts as a bully, enforcing the of April 15 is indelibly etched in the employees are dedicated and commit- Tax Code through fear and intimida- minds of most Americans. For it is on ted to their jobs, and labor in ex- tion. Even worse, legal loopholes have or by that day that honest, hard-work- tremely difficult conditions with very allowed certain IRS employees to vio- ing citizens voluntarily share their outmoded systems. Unfortunately, in late the privacy of innocent citizens most personal and sensitive financial this day and age, they must also fear without punishment. Some of the most information with their Government. for their own personal safety. troubling abuses committed by em- All Americans should have unbridled Some 99.9 percent of them would ployees of the IRS against innocent faith that their tax returns will remain never engage in such snooping or fraud. Americans include the practices of file absolutely confidential and zealously It is not as if every American has rea- snooping. safeguarded. That is the foundation of son to believe that his or her privacy Recently in the Wall Street Journal, our taxpaying system. If this trust is and tax return information has been we learned of the case of Mr. Richard breached, then the bonds that tie citi- compromised. But even just a single in- W. Czubinski of Boston, MA. He is a zens with their Government may cidence of this behavior is one too member of the Ku Klux Klan who used break, with disastrous consequences many and cannot be tolerated. his IRS job to search the tax returns of for us all. Just last year, in Tennessee, a jury political opponents and people he sus- In 1993 and 1994, as chairman of the acquitted a former IRS employee who pected of being Government informers. Governmental Affairs Committee, I had been charged with 70 counts of im- He was prosecuted and convicted by a held hearings which first exposed that properly peeking at the tax returns of jury, but his conviction was overturned vulnerability. We found out that hun- celebrities such as Elizabeth Taylor, in the Federal Court of Appeals. In dreds of IRS employees had been inves- Dolly Parton, Wynonna Judd, Michael April 8, 1997 CONGRESSIONAL RECORD — SENATE S2845 Jordan, Lucille Ball, Tom Cruise, gests that they have failed to live up to I will briefly highlight the major President Clinton, and Elvis Presley. that pledge—1,515 new cases of brows- findings in these attachments: More recently, just a few weeks ago, ing have been identified since our last THE IRS SYSTEM DESIGNED TO DETECT a Federal appeals court in Boston re- report. Of those only 27 have resulted BROWSING [EARL] IS LIMITED versed the conviction of a former em- in employees being fired. I don’t know GAO found that the system used to ployee who had been found guilty of what kind of new math they may be monitor and detect browsing is ineffec- several counts of wire and computer using, but that doesn’t sound like zero tive because it can’t distinguish be- fraud by improperly accessing the IRS tolerance to me. tween legitimate work activity and il- taxpayer database. It was reported that GAO even found that the 1,515 figure legal browsing. he had browsed through several files, may drastically underestimate actual Moreover, EARL only monitors the including those of a local politician incidents because—and I quote—the main taxpayer database. There are sev- who had beaten him in an election, and agency’s ‘‘ability to detect browsing is eral other systems used by employees a woman he once had dated. The Gov- limited’’. to create, access, or modify data which, ernment had alleged this worker was a Overall, GAO found that IRS’ ap- apparently, go unsupervised. This is member of a white-supremacist group proach to computer security is not ef- something I have asked the GAO to and was collecting data on people he fective. Serious weaknesses persist in look into further. thought could be Government inform- security controls intended to safeguard According to GAO: ers. IRS computer systems, data, and facili- because IRS does not monitor the activities In both of these cases, because of a ties and expose tax processing oper- of all employees authorized to access tax- loophole in the law, no criminal pen- ations to the risk of disruption and payer data . . . IRS has no assurance that these employees are not browsing taxpayer alties could be meted out. The reason? taxpayer data to the risk of unauthor- data and no analytical basis on which to es- No disclosures had been made to third ized use, modification, and destruction. timate the extent of the browsing problem or parties. Further, although IRS has taken some any damage being done. I doubt these kinds of decisions give action to detect and prevent browsing, In fact, according to the IRS’ EARL great comfort to honest, law-abiding the fact remains that the IRS has no report: citizens. That is why today I am re- effective means for measuring the ex- The current system of reports does not introducing my legislation—the Tax- tent of the browsing problem, the dam- provide accurate and meaningful data about payer Privacy Protection Act—to close age being done by browsing, or the what the abuse detection programs are pro- this gap and ensure that any unauthor- progress being made to deter browsing. ducing, the quality of the outputs, the effi- ized access or inspection of return in- This finding is candidly confirmed in ciency of our abuse detection research ef- formation, in whatever form, is punish- IRS’ own internal report: forts, or the level of functional management able as a criminal offense and that em- progress in developing efficient prevention follow through and discipline. This impedes our ability to respond to critics and congres- and detection programs has been painfully ployees so convicted are fired imme- sional oversight inquiries about our abuse slow. The program has suffered from a lack diately. detection efforts. I know that the chairman of the of overall consistent, strong leadership and House Ways and Means Committee is oversight. IRS PROGRESS IN REDUCING AND DISCIPLINING interested in passing such a bill as are Quite distressing to me is the find- BROWSING CASES IS UNCLEAR The systems used by the IRS cannot several of my Senate colleagues includ- ing, as stated in the IRS’ own report, report on the total number of unau- ing Senator COVERDELL. I commend ev- that employees, when confronted, indi- thorized browsing incidents. Nor do eryone for their interest and looking cate that they browsed because they do they contain sufficient information to forward to making this bill—finally—a not believe it is wrong and that there determine, for each case investigated, reality. will be little or no consequence to Let’s pass this by April 15 and send a them if they are caught. how many taxpayer accounts were in- signal across the land that those who Before summarizing the major find- appropriately accessed or how many times each account was accessed. violate the privacy of tax paying Amer- ings, I also want to point out another Consequently, for known incidents of icans will be fined, will be fired, and facet of this report. That is, the effec- browsing, IRS cannot efficiently deter- will be jailed. The public rightfully ex- tiveness of controls used to safeguard IRS systems, facilities, and taxpayer mine how many and how often tax- pects no less. payers’ accounts were inappropriately Point Two. The IRS has recognized data. GAO found serious weaknesses in accessed. Without such information, this serious issue and has undertaken these efforts, especially in the areas of IRS cannot measure whether it is mak- some responsive actions. Warnings of physical and logical security. ing progress from year to year in re- possible prosecution for unauthorized For example, the facilities visited by ducing browsing. use of the system appear whenever em- GAO could not account for about 6,400 units of magnetic storage media, such Internal IRS figures show a fluctua- ployees log onto the taxpayer account tion in the number of browsing cases database. They have installed auto- as tapes and cartridges, which might contain taxpayer data. Further, they closed in the last few years: 521 cases in mated detection programs in some of fiscal year 1991; 787 in fiscal year 1992; found that printouts containing tax- their systems to monitor employee use 522 in fiscal year 1993; 646 in fiscal year payer data were left unprotected and and alert managers to possible misuse. 1994, and; 869 in fiscal year 1995. And, the IRS has just created a new Of- unattended in open areas of two facili- More distressing, however, is the fact fice of Systems Standards and Evalua- ties where they could be compromised. that in spite of the Commissioner’s an- I really don’t want to say much more tions to centralize and enforce IRS nounced zero tolerance policy, the per- standards and policies for all major se- on this portion of the report than I centages of cases resulting in discipline curity programs. I have confidence have already. Except that these mat- has remained constant from year to that this Office, if given the proper re- ters, and the others referred to by year, averaging 29 percent. sources, will be a positive force in this GAO, must be dealt with swiftly and ef- IRS itself reported that almost one- effort. fectively. third of the cases detected were situa- The problem, however, is that these I have summarized GAO’s findings in tions where an employee accessed their efforts, while well-intentioned, have a handout. Where appropriate, I have own account, which, according to the come too late and fall far short of the also included references from IRS’ own report, is ‘‘generally attributable to commitment, management, and deter- recent internal report on their brows- trainee error’’. mination sorely needed to confront ing deterrence and detection program. Their answer creates simply more this matter head-on. As I mentioned earlier, that report— questions, however. Why are employees The sad fact is that with 1 week to go [Electronic Audit Research Log accessing their own accounts? Is this a until tax returns are due, one thing is (EARL) Executive Steering Committee wise policy? clear: the IRS has flunked its own Report, Sept. 30, 1996]—and I commend PENALTIES FOR BROWSING ARE INCONSISTENT audit and has let down the American the IRS for its candid and frank eval- ACROSS IRS people. uations in it—affirms most of GAO’s Despite IRS policy to ensure that The agency promised zero tolerance findings, conclusions, and rec- browsing penalties are handled consist- for browsing. Today’s information sug- ommendations. ently across the agency, it appears S2846 CONGRESSIONAL RECORD — SENATE April 8, 1997 that there are disparities in how simi- services more accessible and affordable tion among different kinds of providers lar cases are decided among different for beneficiaries. I encourage my col- and access to less expensive forms of offices. leagues to join me in supporting this care have to be emphasized if we are to For instance, the number of browsing measure, which is the Senate compan- control escalating health care costs. cases resulting in employees being ter- ion to legislation introduced in the Yet this competition is virtually im- minated in the last year surveyed House of Representatives on March 4, possible when programs like Medicare ranged from 0 percent at one facility to 1997 by Representative PHIL CRANE. put up barriers to beneficiaries receiv- a high of only 7 percent at another. Existing Medicare law strictly limits ing care from a group of licensed pro- The percentage of browsing cases re- reimbursement for chiropractic serv- fessionals like chiropractors. sulting in employee counseling ranged ices to manual manipulation of the As health care cost increases con- from 0 percent at one facility to 77 per- spine and only to correct a sub- tinue to threaten both the quality and cent at another. luxation. However, before beneficiaries economic stability of our national Even more incredible to me—and can be reimbursed for chiropractic health care delivery system, the cost quite distressing—is the extremely low care, Medicare requires that the pa- savings potential of chiropractic care percentage of employees caught brows- tient get an x ray to confirm the need should be fully explored. The bill I am ing each year who are fired for their of- for these services. Beneficiaries must introducing today will help provide ac- fense, according to the IRS’ own fig- either pay for the x ray out of their cess to quality care at a reasonable ures. Would you believe that, for all of own pockets, a cost that many cannot cost. I urge my colleagues in the Sen- the browsing cases detected and closed afford, or pass through the ‘‘gateway’’ ate to support this measure to ensure each year, the highest number of em- controlled by other medical providers, Medicare patients have appropriate ac- ployees fired in 1 year has been 12. Be- whose x rays, typically far more expen- cess to the benefits of chiropractic tween fiscal year 1991 and fiscal year sive, are reimbursable under the pro- care. 1995, only 43 employees were fired after gram. I ask unanimous consent that the browsing investigations. That is gen- While x rays are often a useful diag- text of the bill be printed in the erally 1 percent of the total number of nostic tool to verify a medical condi- RECORD. cases brought each year. Even if you tion, most medical professionals and There being no objection, the bill was include the category of resignation and health analysts agree that there is no ordered to be printed in the RECORD, as retirement, the highest percentage of clinical justification for a blanket re- follows: employees terminated through separa- quirement that Medicare beneficiaries S. 524 tion or resignation/retirement in any 1 verify the need for chiropactic care Be it enacted by the Senate and House of Rep- year has been 6 percent. through an x ray. Medicare’s statutory resentatives of the United States of America in I could go on and on, but I think you x ray requirement results in unneces- Congress assembled, get the idea. sary patient exposure to x rays and SECTION 1. REMOVAL OF REQUIREMENT FOR X- Taxpayer privacy is being simply cannot be justified as an across- RAY AS A CONDITION OF COVERAGE jeapordized and the IRS is not doing the-board requirement. OF CHIROPRACTIC SERVICES enough to address it. Representatives of the Health Care UNDER THE MEDICARE PROGRAM. A new law to make browsing a crime Financing Administration [HCFA] who (a) IN GENERAL.—Section 1861(r)(5) of the Social Security Act (42 U.S.C. 1395x(r)(5)) is will be an important tool and I have have closely studied this issue reached amended by striking ‘‘demonstrated by X- worked with the IRS and the Justice the same conclusion that I did and rec- ray to exist’’. Department in crafting my legislation. ommended to the President that this (b) EFFECTIVE DATE.—The amendment I will also be looking forward to provision be included in his Medicare made by subsection (a) shall apply to serv- Thursday’s hearing of the Senate Gov- reform plan. I am pleased that the ices furnished on or after January 1, 1998. ernmental Affairs Committee when the President did include in his fiscal year IRS will be testifying and this issue is 1998 balanced budget proposal a provi- By Mr. HATCH (for himself, Mr. likely to come up. sion calling for the elimination of the x KENNEDY, Ms. SNOWE, Mr. In closing, I do not want to be stand- ray requirement for chiropractic care. I KERRY, Mr. JEFFORDS, Mr. ing up here again next year talking am cautiously optimistic that biparti- DODD, Mr. STEVENS, Mr. ROCKE- about browsing. Although the com- san support from within the Congress FELLER, Mr. BENNETT, Mr. puter age makes guarding taxpayer pri- and the administration will help facili- DASCHLE, Ms. COLLINS, Mr. vacy more difficult and complex, the tate passage of this modest, but impor- WELLSTONE, Mr. SMITH of Or- fact remains: the IRS can and must do tant, measure. egon, Mr. BINGAMAN, Mr. CAMP- better. The American people expect I grew up in a community where BELL, Mrs. MURRAY, Mr. REED, and demand nothing less. chiropractors perform a valuable serv- Mrs. BOXER, Mr. LAUTENBERG, ice by providing an alternative to Mr. DURBIN, and Mr. REID): By Mr. DASCHLE (for himself allopathic medicine. The nearly 200 S. 525. A bill to amend the Public and Mr. DORGAN): chiropractors in South Dakota serve Health Service Act to provide access to S. 524. A bill to amend title XVIII of the State well. In rural States like health care insurance coverage for the Social Security Act to remove the mine, chiropractors are often an essen- children; to the Committee on Labor requirement of an x ray as a condition tial source of health care delivery. and Human Resources. of coverage of chiropractic services Sometimes they are the only health CHILD HEALTH INSURANCE AND LOWER DEFICIT under the Medicare Program; to the providers in the community. In rural ACT Committee on Finance. States across the country, the chiro- Mr. HATCH. Mr. President, today, MEDICARE LEGISLATION practic profession plays an integral Senator KENNEDY, I, and a number of Mr. DASCHLE. Mr. President, today role in the health care system. others, are introducing the Hatch-Ken- I am introducing legislation that But the issue is even larger than one nedy child health insurance and lower makes a commonsense change to Medi- of correcting inequities in the law and deficit bill, or the CHILD Act, S. 525. care’s outdated policy regarding chiro- recognizing the contributions of chiro- We will also introduce a companion practic care. Specifically, my bill practors alone. We are constantly measure, S. 526, which contains a to- would eliminate the requirement that searching for ways to give more Ameri- bacco excise tax increase to pay for the beneficiaries get an x ray before they cans greater access to quality health program established in the CHILD bill. are authorized to be reimbursed for care, and to facilitate that availability The CHILD bill has been negotiated chiropractic services under Medicare. of care in the most cost-effective man- over a long period of time in intensive This legislation accomplishes two im- ner. One proven way to make progress and sometimes heated negotiations. As portant goals. First, it removes out- toward those goals is to exploit the tal- anybody can understand, it is difficult dated vestiges of still pronounced dis- ent and dedication represented in the to get the two sides together on mat- crimination against chiropractic prac- diversity of practitioners increasingly ters like this. So we have worked very, titioners in the Medicare Program. involved in the delivery of health care very hard to try and bring both sides Second, this bill makes chiropractic services in the United States. Competi- together. April 8, 1997 CONGRESSIONAL RECORD — SENATE S2847

It is no secret that Senator KENNEDY for me to submit a bill which will in- We are trying to help those who can- and I have worked together in the past. crease taxes, but after considerable not help themselves, which I think is And, we have fought each other in the study I concluded in this case it is a the most conservative thing we can do past. But today is a time of unity, for just and a right thing to do. in this society. We are not trying to I believe we have written a bill that And if we increase the cigarette tax help those who can help themselves but really makes sense, a bill that will by 43 cents, we will still be below the refuse to. People who can help them- work and that will help one of the most percentage the excise tax was back in selves ought to help themselves. vulnerable segments of our society, 1955 when a package of cigarettes cost What I am saying, Mr. President, is children without health insurance. 23 cents and the excise tax was 8 cents that it is time. It is time for this Con- Of the 40 million people who are un- of that. gress to get down to business. insured in this country, 10 million of It is important to note that two- Mr. President, it is time. them are children. Of those 10 million, thirds of the revenue raised from this It is time for us to get down to busi- about 3 million do qualify for Medicaid, bill over the next 5 years will be used ness. but are not enrolled. for the new child health insurance. The It is time for the Congress to focus While it has its problems, Medicaid is States will be able to negotiate with on how to make a great country great- an excellent program overall, a pro- private health insurance companies to er on how to set aside partisan dif- gram that does assist the poorest of provide coverage, and they will be able ferences and help the people we were the poor children and families. But to utilize the community health cen- elected to help. those above the Medicaid eligibility ters which are giving low-cost but It is time to focus on what truly poverty levels, comprise about 7 mil- high-quality health care in America needs to be done in this country not on lion children, most of whom are often today. deadlock or gridlock or shutdown. called the near poor, or the working I am one of the strongest advocate It is time to wake up and realize poor. for community health centers, and, I that—in this great land of incredible Mr. President, as a recent study has must say, they have done a superlative riches and abundance—in the greatest made abundantly clear, about one out job of delivering health care in general country of the world—there are still of three children in this country lacks in our society. children being left behind. health insurance. It is a pathetic situa- In Utah, we have what is known as Who cannot be disturbed, even fright- tion. the Caring Foundation. For every dol- ened, by the statistics? As my colleagues are aware, Senator lar we raise in charity, Blue Cross/Blue Drug use among our young people is KENNEDY and Senator KERRY intro- Shield matches that dollar with $1, dramatically on the rise. In its ninth duced a bill last year which addressed making $2 for child health insurance. I annual survey of students in grades 6– the child health insurance problem believe that can be duplicated across 12, the National Parents’ Resource In- from a considerably different perspec- this country in the best interest of stitute for Drug Education [PRIDE] re- tive than the bill we are finally going children and families. ported that annual use of most drugs to introduce today. When someone inquires about why I was at the highest level since the sur- I think it is important to point out am sponsoring the CHILD Act, my vey began 10 years ago. Record use was the differences for the edification of thoughts turn to scores of constituents reported for cigarettes, marijuana, co- my colleagues. who have brought their concerns about caine, uppers, downers, inhalants, and The bill we will file today is a bill the cost and availability of health in- hallucinogens. that is a straight block grant to the surance to my attention. Serious questions have been raised States. The States have flexibility to It is heart rending to me when I have about our children’s ability to learn. determine their own eligibility stand- uninsured families come into my of- Our children rank pitifully behind ards with minimal Federal require- fice—many of whom are young and who other countries in educational scores. ments. One survey of international test scores The proposal is not an entitlement have children. These families are fran- for math and science, found Americans program. It is a fully funded program. tic; they don’t know where to turn to rank dead last and South Koreans It is a 5-year authorization. when a child gets sick. The mechanism for funding the Two young women from Provo in my ranking the best. And, who could not CHILD program authorization is an in- home State came in to visit me re- be disturbed by this? A 1991 National crease in the tobacco excise tax, cently. Both had six children. They Assessment of Education Progress sur- amounting to 43 cents per package for both work part time. Their husbands vey, revealed that only 5 percent of cigarettes and proportionate increases work full time, but neither family high school seniors demonstrated on other tobacco products. Some have makes more than $20,000 a year. They enough understanding of geometry and analogized this to a user fee on those are hard-working people. They are the algebra to be prepared for college-level who use tobacco products. working people of our society who are math. We think this excise tax is justified. the poorest of the poor not on Medic- Violence is rapidly becoming a way In 1955, a package of cigarettes cost aid, who cannot afford health insur- of life for today’s children. Over the about 23 cents. Of that amount, 8 cents ance and, frankly, who do not know past decade, the rate of homicide com- consisted of a Federal excise tax on the where to turn. mitted by teenagers aged 14–17 has cigarettes. I think that it behooves us to solve more than doubled, increasing 172 per- Today, a package of cigarettes costs this problem for them, and the best cent from 1985 to 1994. In fact, 35 per- almost $2, at least $1.82 in most States, way to do it is with a straight block cent of all violent crime is committed but we have only a 24-cent Federal ex- grant to the States. by offenders less than 20 years of age. cise tax on the utilization of those The grant approach has a lot of bene- And here’s another astounding fact. cigarettes. fits. There should be minimal new bu- Two years ago, a survey of 1,000 teach- We think this provision is also justi- reaucracy, because the IRS already col- ers showed that 11 percent had been as- fied from a public health perspective. lects excise taxes on cigarettes. There saulted in school. Teachers have been Smoking is the largest preventable should be minimal bureaucracy be- robbed, vandalized, slashed by razors, cause of premature death in the United cause HHS will distribute the funds physically assaulted, shot, and set on States. based on a simple formula reflecting fire in the schools. What kind of learn- Thirty percent of all cancer patients the number of uninsured in a State. ing environment is that for our chil- develop their diseases from smoking. We provide a safeguard so there is no dren? Almost all lung cancer comes from incentive for businesses to drop the And, let’s look at child health. How smoking. And much of the cardio- lower paid people off their health in- many Senators are aware that almost vascular disease that we have in our surance. In this bill, if a company wish- one out of three children have no society comes from smoking—includ- es to drop any employee from the com- health insurance? ing passive smoking as well. pany health plan, then they will have Ten million children have no health It should be no secret to my col- to drop all their employees, from the insurance at all. That is more children leagues that it was a difficult decision top executives on down. than the entire populations of Maine, S2848 CONGRESSIONAL RECORD — SENATE April 8, 1997 Rhode Island, Alaska, Delaware, Geor- I think any honest examination of idea of a huge new Federal involve- gia, Hawaii, Montana, Nebraska, South this would show that these statistics ment in health care frightens most Dakota, and Vermont—10 States—com- are deplorable. Children are our most Americans, as was so amply evidenced bined. precious natural resource. If we had a by the resounding defeat of the Clinton Did anyone know this? Over 500,000 vote on that today, it would pass 100 to health care bill in 1994. American infants are uninsured, in- 0. And if you agree on that, the next I was one of the loudest objectors to fants who need such critical services as step is simple. I can’t think of a more that legislation as a member of both immunizations to grow up healthy. appropriate role for the Federal Gov- the Finance and Labor Committees at Mr. President, these are astounding ernment than helping the most vulner- the time it was considered. I want to statistics. Terrifying predictors of our able in our society. It has become a cli- assure my colleagues that we are not world as we head into the 21st century. che, but children are our future. replicating that exercise here today. And I, for one, am going to put my Already I have taken criticism for HHS will disburse the grant money foot down. I will do everything I can to this bill and for uniting with a Demo- according to existing Medicaid for- reverse this trend. crat to sponsor the CHILD Act. It is mulas and the number of uninsured I challenge each Senator in this body true that Senator KENNEDY and I rep- children in the State. The Treasury De- to work with me on what must be the resent the most divergent philosophies partment already collects an excise top agenda item for the 105th Congress: in the U.S. Congress. It is for that very tax. Making this world a better place for reason we are proposing S. 525 today. The States will set eligibility levels, our children. United, we can provide the basis for a which presumably they could do very I will make this a top priority in the easily based on their experiences with Judiciary Committee. consensus position we hope all our col- Medicaid and other State programs to We will look at such issues as the leagues will endorse. help the poor and near poor. The States Federal Gang Violence Act, violence in It is true that Senator KENNEDY and the schools, and, importantly, a strong I do not often agree on public policy. I will use their current Medicaid benefits national antidrug abuse strategy. can’t even count the number of times I packages to negotiate contracts for in- Already the committee has ap- have stood on this floor to oppose— surance coverage. These are not com- proved—only to suffer the most narrow even filibuster—legislation he has plex calculations. They should be eas- of defeats on the floor—the Balanced sponsored. But with respect to health ily achievable. Budget Act, passage of which is per- care—when it comes to helping peo- We also worked very hard to allay haps the most important legacy we can ple—we both have a strong commit- any concerns that we were establishing leave for our children, each of whom is ment to doing the right thing regard- a new entitlement program. born saddled with $20,000 in debt. less of politics. And this legislation is We are not. And I hope other committees will be the right thing to do. The bill does not establish any indi- working as well. Joining Senator KENNEDY and me vidual entitlement to benefits. It is a 5- For no effort to improve this world today in cosponsorship of the CHILD year authorization which is fully fund- for our children can be complete with- bill, S. 525, are 19 Senators, for a total ed. It is not like Medicare where we out measures to improve their ability of 21. Those Senators are: SNOWE, guarantee we will pay for the services to grow up healthy. KERRY, JEFFORDS, DODD, STEVENS, of every eligible beneficiary. It is not That is why I have united with my ROCKEFELLER, BENNETT, DASCHLE, COL- like Medicaid where we pay an open- good friend and sometimes adversary, LINS, WELLSTONE, SMITH (OR), BINGA- ended amount, which is appropriated Senator KENNEDY, to draft the bill we MAN, CAMPBELL, MURRAY, REED, BOXER, annually. are introducing today: the Child Health LAUTENBERG, DURBIN, and REID. What we are really talking about Insurance and Lower Deficit Act. We Joining us in cosponsorship of the to- doing with this bill is finding cost-ef- call it the CHILD bill. The CHILD bill bacco tax bill, S. 525, are Senators BEN- fective ways to get quality health care will be accompanied by additional leg- NETT, BINGAMAN, BOXER, DODD, DURBIN, services to children. Our bill recognizes islation we also introduce today which JEFFORDS, KERRY, LAUTENBERG, MUR- and strengthens the important role provides the funding offset for the RAY, REED, REID, ROCKEFELLER, SNOWE, that community, migrant and home- CHILD Program through an increase in and WELLSTONE. less centers play in caring for the Na- the tobacco excise tax. What are the major features of the tion’s uninsured children and their Introduction today of S. 525, and the CHILD bill? families. Community and rural health companion bill to increase the tobacco Our proposal sets up a voluntary centers already exist. We are not creat- excise tax, completes 3 months of in- State grant program—I repeat, vol- ing them or remaking them in this bill. tense negotiations between myself and untary State grant program. The funds They are located in medically under- Senator KENNEDY. will be used by States to subsidize the served communities where many unin- Our discussions were sometimes cost, or part of the cost, of private sured children live. Over 940 health heated, sometimes acrimonious, but al- health insurance for needy children. centers in every State serve one out of ways well intentioned. They have re- States will also be able to use Commu- six low-income American children, sulted in a bill, the adoption of which nity and Migrant Health Centers to over 4.5 million children. They are cur- I think will make this country a better provide services directly to children. rently the family doctor for one out of place. We hope our program will be a cata- seven uninsured children, totaling 1.3 And so, today, Senator KENNEDY and lyst to improve health care for kids. It million children. Last year, health cen- I have found a solid center—we have is a Federal/State/private partnership. ter professionals delivered one of every compromised from the left and from Any State that wishes to participate 10 babies born in the United States, the right. We are doing this to help the must contribute to the program. States and one out of every five low income 10 million children in the United States may require individuals or their em- babies. They are experts in providing who are without health insurance. We ployers to contribute as well. quality, comprehensive primary and are doing it because it is the right We have designed an approach which preventive care to uninsured children— thing to do. we believe is fiscally responsible. The the very type of care we are trying to The child health insurance and serv- bill authorizes program expenditures get to children with this bill. ices bill Senator KENNEDY and I will in- for each of 5 years, and it is fully fi- Our bill permits these children to troduce today is targeted to the near nanced with a 43-cent increase in to- continue to choose health centers as poor, primarily working families, who bacco excise taxes. Two-thirds of the their primary care provider and to are not covered by existing Govern- revenues will be used for program serv- make the choice of a health center ment programs. Two-thirds of the un- ices, and one-third for deficit reduc- available to other uninsured children. insured children come from low-income tion. In each area currently served by a working families with annual incomes In drafting S. 525, we have worked health center, a direct service option of $25,000 or less; 86 percent are from very hard to make certain that no will be available to children who are families where at least one parent is large, new bureaucracy will be needed served by a health center. Families employed. to implement the CHILD Program. The choosing the direct service option will April 8, 1997 CONGRESSIONAL RECORD — SENATE S2849 get the same comprehensive Medicaid Program, which helps the poorest of that bill—it is not even a look-alike package of services as do those who opt the poor. Even so, there are 10 million bill. for a children’s policy. Under the direct children without coverage. In fact, 3 I have tried to design a Reaganesque service option, children will receive million uninsured children are eligible block grant tailored to meet a specific their primary and preventive care at for Medicaid, but are not enrolled. problem with a wide degree of flexibil- the health center they select and will There is no program for the remain- ity for the States. Unlike the Clinton receive specialty and inpatient care ing 7 million children, most of whom program, the CHILD Act is focused. It through networks of providers certified come from near poor families. Those is fully financed; it does not establish a by the State or through a wrap-around families are faced with two very unat- new Federal bureaucracy; and it does insurance policy. tractive options: a choice between not create any new entitlements. There We believe that the direct service op- dropping out of the labor force in order are no price controls and no regional tion will be as cost effective as an in- to get Medicaid eligibility, or keeping alliances and no global budgets. surance policy and may even be less ex- their jobs with no health care coverage Another difference is that we are try- pensive. Several studies which com- at all. ing to make this a bipartisan approach pared the total annual cost of health It might be logical to assume that right from the beginning. We have the care for Medicaid patients served by Medicaid would provide the basis for a wisdom of that national debate 2 years health centers—including primary and program to increase child health cov- ago and are far wiser for it. specialty care and inpatient care—to erage. And we did examine that idea. Let me next turn to the issue of the the total annual cost of care for Medic- But, Medicaid is an open-ended entitle- tobacco tax as a source of revenue for aid patients served by other types of ment—and an expensive one at that. the Children’s Health Insurance and providers—including health mainte- Both the States and the Federal Gov- Lower Deficit Act. There can be no nance organizations and private physi- ernment are seriously concerned about doubt that smoking and tobacco use is cians—found that health center care the runaway costs of Medicaid. a major public health problem. By any was the least expensive. In contrast, our capped program is measure, it is also costly. The reason? Health centers prevent not an entitlement. It is a targeted ap- Smoking is our Nation’s No. 1 pre- illness because of the primary and pre- proach which allows States consider- ventable health threat. There are ventive care they provide. Based on able flexibility in design and adminis- about 48 million Americans who these studies, the cost of all care—pri- tration. smoke. About 2 million Americans use mary, specialty, and inpatient—under Others have suggested that we use a other tobacco products like chewing the direct service option is expected to tax-based approach. I would be willing tobacco. be lower than the cost for a child cared to consider a tax credit approach, if we Consider these facts. for by another type of provider. could design one that really works. But Tobacco kills an estimated 419,000 As the chief sponsor of the balanced I foresee two problems in developing Americans each year. budget amendment, I could not support such an approach. An additional 2.5 million more people the creation of any new entitlement The first is that a tax credit could throughout the world die from smoking program. really amount to an open-ended enti- each year. Indeed, I believe this proposal is fully tlement, whereas the size of our pro- Smoking accounts for about 1 in 5 consistent with the BBA. First, our bill gram is capped each year. The second deaths in the United States. is fully financed by the proposed to- is that poor and near-poor families, Tobacco accounts for more deaths bacco products tax. Second, for every who we are trying to help with this than homicide, car and airplane acci- $2 of program cost the Hatch-Kennedy bill, simply cannot afford to buy insur- dents, alcohol, heroin, crack, and bill dedicates $1 to deficit reduction. ance coverage during the year, and AIDS—combined. In fact, cigarettes When all is said and done, this bill wait until the next April to get the are also a major cause of fire fatalities would help to bring the budget in bal- money back. in the United States. In 1990, cigarettes ance—which I believe will be nearly as For the benefit of my colleagues, I were responsible for about one-quarter essential to children in the long-run as want to respond to two other concerns. of all deaths associated with residen- necessary health care is in the short- First, I must emphasize that S. 525 is tial fires; this represented over 1,000 run. not the Kerry-Kennedy bill from last deaths. Let me underscore that the net cost year, S. 2186. It is a new proposal that Each day nearly 3,000 young Ameri- to the Federal Government of the Senator KENNEDY and I wrote together. cans become regular smokers. Eventu- CHILD Act is zero, because it is fully Senator KENNEDY and I have both ally, 1,000 will die early from tobacco- funded. In fact, the bill literally saves moved considerable distances to write related diseases. money, because it provides at least $10 this compromise legislation. Unfortunately, cigarette smoking is billion in funds for deficit reduction This bill is not an open-ended, perma- on the rise among the young: Accord- over the next 5 years. nent entitlement; it is a capped 5-year ing to the Centers for Disease Control We cap Federal expenditures at $20 program, run by the States and, as and Prevention [CDC], the number of billion over 5 years for services, with such, is very similar to a proposal high school students reporting that $10 billion for deficit reduction. Over former House Republican Leader Bob they smoked in the last month rose the 5-year period, the ratio of services Michel authored in 1995. about one-third between 1991 and 1995, to deficit reduction will be 2 to 1. Second is the assertion that this bill from 27.5 percent in 1991 to 34.8 percent For services, we will provide the fol- is part of the Clinton agenda on health in 1995. lowing amounts: 1998: $3 billion, 1999: $3 care. If helping the needy is crime, Among black high school age males billion, 2000: $4 billion, 2001: $5 billion, then I plead guilty. But I hope I have the jump in smoking was even more 2002: $5 billion. convinced those here today that there alarming, doubling from 14 percent in For deficit reduction, we provide the is a big difference between Clintoncare 1991 to 28 in 1995. following amounts: 1998: $3 billion, 1999: and the Hatch-Kennedy bill. About 8 in 10 smokers begin to use $3 billion, 2000: $2 billion, 2001: $1 bil- Indeed, I am aware that some believe tobacco before age 18 and about one- lion, and 2002: $1 billion. there is a hidden Clinton agenda to half of all smokers started at age 14 or Let me make perfectly clear that the enact health care reform piece by earlier. size of this program is capped each piece, starting with kids care. In 1964, Surgeon General Luther year. In fact, if not enough revenue is I think that is a red herring. This ar- Terry reported that smoking causes generated, then the size of the program gument suggests to me that we should lung cancer in men. will be lowered accordingly. never do anything worthwhile because In 1988, the Surgeon General C. Ever- Let me take a moment to address of the possibility that it may evolve ett Koop reported that smoking was an other potential concerns about this into something bad. I agree that we do addictive behavior—the same as for bill. not want the huge Clinton health care heroin or cocaine. Many have asked why we need a new mandate proposed and debated during Each year, the estimated 1 million program. Indeed, we have the Medicaid the 103d Congress. But, this bill is not youngsters who become smokers add S2850 CONGRESSIONAL RECORD — SENATE April 8, 1997 about $9 to $10 billion to the Nation’s arette and sales tax. In sum, in 1964, bill that I believe could be improved health care costs over their lifetimes. about 50.5 percent of the cost of a pack through a thorough public discussion. According to a 1994 CDC report, to- of cigarettes went to taxes. In particular, I would like to hear bacco cost an estimated $50 billion in Currently, the average price per pack from the Governors about how this bill direct health care costs in 1993. Of this of cigarettes is about $1.94. Of this meets their needs with respect to the total, CDC estimated that $26.9 billion total, 24 cents represents the Federal uninsured population. went for hospital expenditures, $15.5 tax and an additional 31.7 cents per I am aware that they may have a few billion for physician expenditures, $4.9 pack is levied by the States together concerns about the bill, such as using billion for nursing home expenditures, with an additional 9.3 cents per pack in the Medicaid benefits package as the $1.8 billion for prescription drugs, and sales taxes. All in all, the share of the model for the private insurance con- $900 million for home health care ex- per pack price of cigarettes devoted to tracts. penditures. taxes has dropped to about 33.5 percent Senator KENNEDY and I inserted that The 1994 CDC report notes: ‘‘The find- today from the 1964 level of 50.5 per- provision in the bill for two reasons. ings in this report indicate that ciga- cent. We knew that the Governors would be rette smoking accounts for a substan- If the CHILD Act were signed into familiar with it and, most importantly, tial and preventable portion of all med- law and the new 43 cents per pack tax it would obviate the need at either the ical-care costs in the United States.’’ were added, and if this new tax were Federal or State levels to undertake According to CDC projections, in 1993 passed on directly to the consumer to the onerous task of creating a benefits approximately 24 billion packages of increase the per pack price to $2.37 per package. cigarettes were sold in the United pack, the share of the total price de- Our Utah Governor, Mike Leavitt, States and for each of these packages voted to taxes—45.6 percent—would has stated on more than one occasion about $2.06 was spent on medical care still be lower than it was in 1964. that he believes the Medicaid benefit attributable to smoking. Of this $2.06 Even when this new tax is factored package is too ‘‘rich;’’ in other words, per pack estimated societal medical in, the United States would still have a a more efficient package would be less care cost, CDC estimated that $0.89 was relatively modest tax component built costly and still provide needed care. I paid through public sources. into the price of cigarettes compared look forward to working with him and The CDC study estimated that there with other industrialized countries. the leaders of other States to address was a twofold increase in estimated di- For example, in Canada 64 percent of this issue. rect medical care costs attributable to the price of cigarettes is devoted to Another issue of critical concern is smoking between 1987 and 1993. taxes. In Great Britain, the comparable the interrelationship of this program Extrapolating the 1987 survey data figure is 82 percent. with the employer community. We reported by CDC, it can be estimated As a conservative, I am generally op- were very careful to design a program posed to tax increases. I firmly believe that, in 1993, about $10 billion in Medi- that would complement existing em- that the Federal Government should care costs and $5 billion in Medicaid ployer efforts to insure their employees spend less, and the American people costs were attributable to smoking. without a costly Federal mandate. On It has been estimated that smoking should keep more of the money that is the other hand, though, we wanted to cost $4.75 billion to other Federal earned in our economy. make sure that there was no incentive As a conservative, I believe in a bal- health care programs, $1.6 billion to for employers to ‘‘dump’’ employees anced budget. That is why I spent the other State health programs, and over into the new program in order to re- better part of February managing the $16.7 billion in higher premiums paid to floor debate for the balanced-budget lieve themselves of a benefit cost. private health insurance companies. That is why we inserted a provision amendment. That is why I worked hard In addition to the direct cost of that states that any employer who to convince Senator KENNEDY to ear- about $50 billion annually, experts mark one-third of the revenues raised makes health insurance contributions agree that a similar amount of costs by the proposed increase in the ciga- for an employee cannot vary such con- are borne by society through lost pro- rette tax for deficit reduction. tributions based on an individual’s eli- ductivity—that is, the foregone earn- Yet, the statistics about tobacco use gibility under the CHILD Act. The only ings of those dying prematurely. and cost that I cited above, I believe, way an employer could put a currently Researchers at the University of make the case that tobacco products insured employee into the CHILD pro- California at San Francisco, Drs. are imposing external costs onto soci- gram would be to eliminate coverage Wendy Max and Dorothy Rice, esti- ety that are not adequately reflected in for all employees in the company plan. mate that the 1993 mortality costs due the price of these inherently dangerous We think this is highly unlikely to to smoking were $47 billion. products. Simply stated, the producers happen. Overall, smoking costs society over and consumers of tobacco products are Again, let me state that we were very $100 billion annually. This is simply not paying the full costs of this prod- sensitive to the concerns about a man- too high a price to pay. uct. date on employers, and we look for- It is estimated by the Joint Tax When I balance the opportunity that ward to a very careful examination of Committee that a 43 cent per pack in- we have in terms of helping to provide this issue as the legislation progresses. crease in the cigarette tax, coupled health insurance and services to chil- Let me also discuss for a moment the with proportionate tax increases for dren, coupled with a significant deficit issue that Senator LOTT has already other tobacco products, would yield reduction component, against my natu- mentioned, that of making certain that about $6 billion in new revenues. ral aversion to raising taxes, I come the 3 million children who are cur- Another point that I want to make down in favor of this financing mecha- rently eligible for Medicaid, but not today is that the tobacco tax simply nism with this tobacco tax—or, as I participating, become enrolled. While has not kept up with inflation. As a call it, a user fee. I believe that both our bill does not address that issue, it matter of fact, the relative component the public health and economics rea- is something we need to do. I hope to of the price of cigarettes devoted to- sons are unique and compelling. work with Senator JEFFORDS and Sen- ward taxes has slipped over the last I believe that when my colleagues in ator DEWINE who have indicated in in- three decades and, even with the in- Congress have the opportunity to fully terest to me in working to make cer- crease we propose today, will actually consider these issues that they will tain that those who are eligible for be lower proportionately once this bill agree with the cosponsors of this legis- Medicaid can participate. is enacted than it was in 1964 when Sur- lation and support the CHILD Act. But let me hasten to add that only 3 geon General Luther Terry reported In closing, Mr. President, let me million out of the 10 million uninsured that smoking causes cancer. state my intention to work with all in- children are eligible for Medicaid. So, In 1964, the average total price of a terested parties to improve this bill as Senator LOTT’s idea—which is a good pack of cigarettes was about 30.5 cents it moves through the legislative proc- one—would still leave 70 percent of the per pack. Of this total, 8 cents went to ess. problem untouched. pay the Federal tax and another 8.5 Indeed, as I have stated, there are Mr. President, in closing I want to cents per pack were levied in State cig- some provisions contained within this reiterate my commitment to working April 8, 1997 CONGRESSIONAL RECORD — SENATE S2851 with Senator KENNEDY and all 98 of my We are talking about the sons and period of the last 30 years, but it is other colleagues to enact a bill this daughters of working families—fami- there in the documents and statements year which will improve child health lies that are working 52 weeks of the of the tobacco companies as we have insurance coverage in the United year, 40 hours a week, trying to make seen in the Liggett story recently. States. ends meet and play by the rules. One of Mr. President, this is legislation It is time, and I hope the majority of the things they are unable to do is pro- which the American people support. It this body will agree. vide health care coverage for their makes sense from a health point of The PRESIDING OFFICER. Under children. view. It makes sense from their family the previous unanimous-consent re- Their children require this coverage, point of view. It makes sense for the quest, the 15 minutes allocated to the which is why Senator HATCH and I and future in terms of having children who Senator from Utah has expired. many others want to make health in- are going to have good quality health Mr. HATCH. Will my friend yield me surance accessible and affordable for care. It makes sense because it will 30 seconds? all of America’s children. We know the save the lives of over 800,000 children Mr. KENNEDY. Sure. number of children who have ear infec- who would otherwise have died from a Mr. HATCH. I want to compliment tions and never see a primary care doc- smoking-caused illness. And it will my friend for the remaining 30 seconds. tor. We know the number of children also provide a modest reduction in I wish I could spend more time. who are in school at this very hour and terms of the deficit. Development of these bills has not have difficulty seeing the blackboard This is a win-win-win for the Amer- been an easy thing for him to do, or for or reading a book and are humiliated ican people. It should be a bipartisan me. But I am convinced we have draft- in their classroom because they have effort. I want to commend Senator ed a program that will work. HATCH for his leadership and I thank I have to suggest that if Senator not had their eyes tested. This crisis is occuring all over the all of our Democratic colleagues for KENNEDY and Senator HATCH—who country. It is happening in urban areas joining in our efforts. have such widespread differences of and in rural communities. But we can I am honored to join Senator HATCH philosophy—can unite to propose a pro- do something about it, and that is why in introducing the Child Health Insur- gram like this, then anybody can get the legislation is of such importance. ance and Lower Deficit Act of 1997, together. Despite our philosophical dif- Ten million children are uninsured. which will be a major step toward mak- ferences, which are wide, we both have Their parents are working hard trying ing health insurance accessible and af- a great deal of friendship and caring for to make ends meet, and the one thing fordable for all of America’s children. I each other. We are working as hard as they cannot afford are the premiums to am hopeful that the legislation we are we can to do what is right here. introducing today will be approved by I want to thank my colleague for his provide health care coverage for their this Congress, and signed by President great work in this effort. children. I yield the floor. As Senator HATCH has pointed out, Clinton. It shows that Democrats and Mr. KENNEDY. Mr. President, I want our legislation will build on existing Republicans can work together to solve to thank Senator HATCH for his leader- programs in the States, and the States this national problem. ship on this important issue affecting by and large are overwhelmingly using One of the most urgent needs of chil- our Nation’s children. the voucher system. I know there are dren is health insurance coverage. In- Those of us in the Senate have noted those who favor a tax credit program, surance is the best possible ticket to that Senator HATCH was instrumental but it has been tried and did not work adequate health care—and every child a number of years ago, working with in the past. deserves such care. Senator DODD and myself, on the child We are also building on the private Today, however, more than 10 million care block grant program, which still sector because the insurance that will children have no health insurance—1 is in existence. It has been evaluated as be provided and distributed is going to child in every 7—and the number has an extremely effective program for pro- be as a result of competition in the been increasing in recent years. Every viding child care for the working poor. States. day, 3,000 more children lose their pri- A number of years ago we also Finally, we are paying for the pro- vate health insurance. If the total con- worked closely together in the summer gram with a 43-cents-per-pack increase tinues to rise at the current rate, 13 jobs initiative that included continuing in the Federal tobacco tax. million children will have no insurance education programs. Some say, isn’t this unfair and un- coverage by the year 2000. In the area of children, I think Sen- justified? We say that tobacco costs Almost 90 percent of these uninsured ator HATCH and I as well as many oth- the Nation $50 billion a year in direct children are members of working fami- ers understand that this is neither a medical costs—$50 billion a year. By lies. Two-thirds are in two-parent fami- Democratic issue nor a Republican adding 43 cents on a pack of cigarettes, lies. Most of these families have in- issue. Nor is it a North or South issue. we will have even less than the propor- comes above the Medicaid eligibility It is an American family issue. tion of tax—Federal, State, and sales line, but well below the income level it For every American family children tax—for a pack of cigarettes than we takes to afford private health insur- come first, as well they should. They had in the early 1960’s. ance today. are our greatest asset and they rep- When we look at where we are in The children’s health care crisis be- resent our Nation’s future. When we in- comparison to where other countries gins at the beginning—with inadequate vest in our children, we are investing around the world—our cigarette taxes prenatal care. Some 17 industrial coun- in America’s future. That is why this are well below every other industrial tries have lower infant mortality rates effort is of such importance and why country in the world. With our 43- than the United States. Every day, 636 Senator HATCH and I are now working cents-per-pack increase in the Federal infants are born to mothers in this closely together to make sure that this cigarette tax, it will still be among the country who did not have proper pre- legislation becomes law. lowest of all industrial nations. natal care; 56 die before they are 1 Mr. President, it is reasonable to ask, Mr. President, we strongly support month old. And 110 die before the age why now? Why children? this increase in the cigarette tax be- of 1. Many more grow up with perma- The fact of the matter is 3,000 chil- cause it can do more to stop children nent disabilities that could have been dren every single day lose their health from smoking than any other action avoided with prenatal care. Uninsured insurance. Nine out of ten of those who we could possibly undertake. This will pregnant mothers have sicker babies, are losing their health insurance in have a dramatic impact on reducing and these babies are at greater risk— this country are children. addiction among teenagers, who have low birth weight, miscarriage, and in- The number of uninsured children is less income than adults to spend on fant mortality. growing. It will rise to 5 million by the cigarettes. That is when the smoking Too many young children are not re- year 2000, making it increasingly ur- really starts and where the child be- ceiving the preventive medical care gent that we address the fact that comes addicted. they need. Uninsured children are more and more children are becoming We say that not only because that twice as likely to go without medical uninsured. has been the history of pricing over the care for conditions such as asthma, S2852 CONGRESSIONAL RECORD — SENATE April 8, 1997 sore throats, ear infections, and inju- icaid, this plan is a giant step toward delay means more children fail to get ries. One child in four is not receiving the day when every American child has the healthy start in life they need. basic childhood vaccines on a timely health insurance coverage. This bill is When we fail our children, we also fail basis. Periodic physical examinations the most important single step the our country and its future. are out of reach for millions of chil- Congress can take this year to provide I yield the remaining time to the dren, even though such exams can iden- a better life for every American child. Senator from Connecticut, Senator tify and correct conditions before they States choosing to participate in the DODD. cause a lifetime of pain and disability. program will contract with private in- Mr. DODD addressed the Chair. Preventive care is the key to a surers to provide child-only private The PRESIDING OFFICER. The Sen- healthy childhood, and it also is a cost- coverage. These subsidies will be avail- ator from Connecticut. effective investment for society. Every able to help eligible families purchase Mr. DODD. Mr. President, let me dollar invested in childhood immuniza- coverage for their children, or partici- thank my colleague from Massachu- tions saves $10 in later hospital and pate in employment-based health setts for yielding. other treatment costs. plans. Coverage will be available for Let me begin these brief remarks by Some say there is no health care cri- every child, including children in fami- commending him and, of course, our sis for children. But I reply, tell that to lies not eligible for financial assist- good friend and colleague from Utah, the hard-working parents who cannot ance. The program also allows States Senator HATCH, who is the lead sponsor afford coverage for their families or to allocate up to 5 percent of total pro- of this legislation, for his efforts here, whose employers won’t provide it. gram costs to provide preventive care along with our colleague from Massa- Tell it to the hospital emergency and primary care to pregnant women. chusetts who historically, of course, room physicians who are often the only Participating States must contribute has taken the leadership role over the family doctor these children know, and to the cost of the program, and must last number of decades on health-care- who have to treat them for heart- maintain their current levels of Medic- related issues. breaking conditions that could have aid coverage for children. Our colleague from Utah and I have been prevented or easily cured with The basic principles of this proposal had the pleasure and privilege of work- timely care. are neither novel nor untested. Four- ing together on major legislation. Tell it to school teachers struggling teen States already have similar pro- When he says, if you have a bill with to teach children too sick to learn. Tell grams for children. In Massachusetts, ORRIN HATCH’s name on it, there is a it to children’s advocates across the an existing program was expanded last good chance it is going to become law, country, who see children every day year, so that families up to 400 percent I can testify to that, having worked with health care needs neglected for of the poverty level are now eligible for with him on the act for better child too long. Between 30 and 40 percent of financial assistance to buy insurance. care. Today millions of people have ac- children in the child protective system In 17 additional States, Blue Cross/Blue cidental health care and decent child suffer from significant health prob- Shield offers children’s-only coverage, care because of his efforts. So I com- lems. with subsidies for low-income families. mend, Mr. President, both of our col- For all these reasons and many These State initiatives provide a solid leagues. more—10 million more—the children’s base on which to build an effective Fed- I offered the first child health care health care crisis is real, and the time eral-State-private partnership to get package almost 4 years ago to deal to address it is now. Every child de- the job done for all children. with children’s health. As both of our serves a healthy start in life. No family Senator HATCH and I propose to pay colleagues have pointed out, Mr. Presi- should have to fear that the loss of a for this program of children’s health dent, we have about 10 to 10.5 million job, or an employer’s decision to drop insurance and deficit reduction with an children in the country who do not coverage or hike the insurance pre- increase of 43 cents a pack in the Fed- have any health care at all. In my eral cigarette tax, from its current mium will leave their children without State of Connecticut, about 110,000 level of 24 cents. It makes sense to fi- health care. children are without any health care The current neglect is all the more nance the coverage this way, because coverage at all. unconscionable, because children and of the higher costs for health care and What makes this so ironic in many premature deaths caused by smoking. adolescents are so inexpensive to cover. ways, Mr. President—as we have gone Smoking is the leading preventable That is why we can and must cover through a debate on welfare reform cause of death in the United States. It fairly recently—is that 88 percent of them this year—in this Congress. The kills more than 400,000 Americans a the parents of these children without cost is affordable—and the benefits for year. It costs the Nation $50 billion a health care are working. The assump- children are undeniable. year in direct health costs, and another The legislation that Senator HATCH tion I think a lot of people must have $50 billion in lost productivity. A ciga- is that children without health care and I are introducing will make health rette pack sold for $1.80 costs the Na- are the children of parents who are liv- insurance coverage more affordable for tion $3.90 cents in smoking-related ex- ing on public assistance. Nothing could every working family with uninsured penses. children. It does so without imposing Even with our proposed increase, cig- be further from the truth. If you are on new Government mandates. It encour- arette taxes as a percent of the product public assistance, you get health care, ages family responsibility, by offering price will still be lower than they were you get Medicaid. If you are out of parents the help they need to purchase in 1965 and will be far below the levels work on welfare, you get Medicaid. If affordable health insurance for their in almost every other industrialized you are in jail, you get health care in children. country. this country. But God help you if you Under our plan, $20 billion over the A higher cigarette tax will have the are a working family out there work- next 5 years will be available to expand added benefit of reducing smoking ing at the lower income levels trying health insurance coverage for children, among teenagers. If we do nothing to to provide for your family when we and $10 billion will be available for def- reduce such smoking, 5 million deaths have a seen a dramatic increase in the icit reduction. I share Senator HATCH’s from smoking-related diseases will reduction of private health care cov- commitment to balancing the Federal occur over the lifetime of the current erage. budget by the year 2002. As our plan generation of children. Mr. President, I asked for a General today suggests, we believe we can do it, Raising tobacco taxes to finance Accounting Office study a number of and do it fairly. health insurance for children has the months ago, the results of which came When fully phased in, our legislation support of an overwhelming 73 percent back about a few weeks ago on what will provide direct financial assistance of the public. If the tobacco tax is has happened to private health insur- to approximately 5 million children an- raised, an even higher 87 percent sup- ance for working families. We have nually. Every family with an uninsured port using the revenue to expand seen about a 4.5 to 5 percent increase child will have access to more afford- health services for children. nationwide in the number of families able coverage. Combined with efforts I look forward to early action by who have dropped or been dropped from to enroll more eligible children in Med- Congress on this issue. Every day we private health insurance. In 1993, 29 April 8, 1997 CONGRESSIONAL RECORD — SENATE S2853 million families lost their health care that is declining, but is a number that ventions which we could have avoided coverage in this country. And the pre- is growing. early on. mium costs went up. Small employers They have come up with a funding Just take the case of neonatal/pre- decided to drop it altogether. scheme that I think most people will natal care. It costs $1,000 for a year of So we have watched a tremendous in- support in this country. It is con- covering a pregnant woman with early crease in the number of families, work- troversial. Obviously, some will object nutrition, early intervention, for preg- ing families, with children without any to how this is paid for. I think it is a nancy. But if a child is born under- kind of health care coverage at all. very sound idea to come up with this weight as a consequence of the lack of Many of our State laws, Mr. Presi- funding scheme and also to allocate that kind of intervention, it costs dent, require, under law, that you in- some of the resources for deficit reduc- $1,100 a day. sure your automobile. Many of our tion. I have talked to teachers in schools State laws, if not all of them, require Again, Mr. President, if we can in- who have told me the stories of young that if you have a home mortgage, sure our cars by law, our homes by law, students who come into the school; there be insurance on your house. All if you are on welfare or in prison and they are in the classroom and they are that we are suggesting here today is you get health care coverage, at the disruptive, not because they want to be that if you have a child, there ought to very least, we ought to do the same for disruptive, but because they have a be health care coverage or insurance America’s children. This legislation al- problem. In one particular case, a for that child. lows us to do that. I commend both of teacher told me of a child who chron- If it is mandatory that your home be our colleagues and look forward to ically disrupted the entire class. They insured, if it is mandatory your car be adoption of the law. could not figure it out. They finally insured, if you are out of work and on The PRESIDING OFFICER. The Sen- got the child to a clinic because the public assistance you get health care, ator from Massachusetts is recognized child had not been examined by a doc- if you are in prison you get health for 5 minutes. tor, and they found the child had a care, what our colleagues from Massa- Mr. KERRY. Mr. President, I am de- chronic earache problem as a con- chusetts and Utah, and those of us who lighted to join with my colleague, Sen- sequence of an infection. Antibiotics are supporting them, are suggesting, is ator KENNEDY, with Senator HATCH, were given, the infection was cleared that if you are a working family in this and others, in introducing today legis- up, and the child became a full partici- country, your children—your chil- lation to provide health care to the 10 pant in the classroom. dren—also ought to have a safety net million children in the United States Mr. President, there are countless for health care. So this proposal does who today do not have that care. stories like these. I want to congratu- just that. Last year, Senator KENNEDY and I late Senator KENNEDY and Senator Mr. President, I will just conclude joined together with other Senators to HATCH for working together in helping with a story. We had a press conference introduce legislation to similarly pro- to come up with a scheme to fund this, announcing this GAO study a few days vide health care to these children. that clearly addresses other health ago. I brought with me a woman from Since the time that we introduced leg- needs of the country. When we consider Connecticut. Both she and her husband islation a year ago, over 750,000 chil- the costs of our various wings of hos- work. Her husband is in construction. dren under the age of 18 have lost pitals that are dedicated to pulmonary She works for a nonprofit organization health insurance. One child loses disease, to emphysema, to cancer as a in the State of Connecticut. They have health insurance every 35 seconds in consequence of smoking, we are spend- two children. Their oldest boy has a se- the United States. We are the only in- ing billions upon billions of dollars, far rious mental health problem. It is a se- dustrial country on the face of this in excess of the cost of this kind of pro- rious mental health illness with a cost planet that does not insure our chil- gram, to provide preventive care at the of over $1,000 a month, on average, for dren, or that does not insure, even, early outset. medication. They have run out of sup- many of our adults. So this is really an investment, not port from the State program. There is What is extraordinary about this sit- an expenditure. This will repay itself not going to be any more. They were uation is that we are not talking about many times over. We know that the left with this choice—until someone the poorest of our poor in America. The health care expenditure in early pre- stepped in and made an exception in poorest of the poor get help. They have vention will save anywhere from $3.40 their case—but left with this choice: health insurance. They get Medicaid. to $16 by virtue of $1 invested. Either they could quit their jobs and The fact is that we are talking about 10 Mr. President, it is time in America go on public assistance and get health million children who are the children for us for catch up to the rest of the in- care for that child, that is one option, of working Americans, fully three- dustrialized world and provide insur- or the other was to take their child and fifths of whom work full-time jobs, and ance to the young children of this Na- turn him over to the State, give up 90 percent of whom are working at tion who desperately need it. custody and let him become a ward of some job or another. the State, so that then the child could I visited recently at the Children’s By Mr. LAUTENBERG (for him- get health care coverage. Hospital in Boston and I listened to the self, Mr. DURBIN, Mr. HARKIN, We hear people talking of family val- story of two parents who are working, Mr. WELLSTONE and Mr. KEN- ues and families staying together all both of whom are just not earning NEDY): the time. But somehow, in this situa- enough money in their full-time jobs to S. 527. A bill to prescribe labels for tion, this family wants desperately to be able to pay the premiums for the ex- packages and advertising for tobacco keep custody of their child, and they pensive insurance that their sick child products, to provide for the disclosure keep working and they get no help needs. of certain information relating to to- whatever. There is something fun- The fact is that over one-half of all bacco products, and for other purposes; damentally erroneous about the situa- the children in the United States who to the Committee on Commerce, tion that presently exists that if you have asthma never see a doctor. One- Science, and Transportation. work and want to keep your children, third of all the children in the United TOBACCO DISCLOSURE AND WARNING ACT OF 1997 you run the risk of losing the health States who have an ear problem never Mr. LAUTENBERG. Mr. President, I care, whereas if you go on public as- see a doctor. Similarly, for eye prob- rise today to introduce a bill we are sistance or give up the custody of your lems: As we have learned from medical calling the Tobacco Disclosure and child, you can get health care cov- experts, those problems, often Warning Act of 1997. Frankly, I hope erage. undiagnosed, become chronic ailments we are going to be able to look back at Mr. President, the suggestion of both and many times become lifetime im- this day and say this was a great day of our colleagues is to fill in this gap pairments. We then pick up the cost of for America’s children, that this was a that exists for these 101⁄2 million chil- those impairments with special edu- great day for the future well-being of dren today that are without any health cation needs, and at the back end of coming generations. care coverage. The numbers are grow- often substance abuse or other kinds of I am joined by my Senate colleague ing, by the way. This is not a number highly intensive, labor-intensive inter- from Illinois, Senator DICK DURBIN, S2854 CONGRESSIONAL RECORD — SENATE April 8, 1997 who worked with me in the past on es- It is pretty simple. But maybe, just There being no objection, the bill was tablishing a ban on smoking in air- maybe, then we will be able to stop the ordered to be printed in the RECORD, as planes, he was a Member of the House industry from targeting its recruits for follows: before, and Senator HARKIN from Iowa, the day. Mr. President, 3,000 children, S. 527 and Senator WELLSTONE from Min- young people, a day, are attracted and Be it enacted by the Senate and House of Rep- nesota. They joined me this morning in start smoking. And then they cannot resentatives of the United States of America in declaring that we are interested this quit. Congress assembled, day in the health of our children. We These kinds of warnings exist all SECTION 1. SHORT TITLE. want to warn them that a habit that around the world. Cigarettes kill one This Act may be cited as the ‘‘Tobacco Dis- they could be induced—if I may use the out of every three, again, I repeat, of closure and Warning Act of 1997’’. term more crudely, seduced—into, if its users. Over 400,000 Americans every SEC. 2. FINDINGS. they join in the tobacco addiction year die from smoking and lots more The Congress finds the following: group, that they may be jeopardizing get sick: Emphysema, heart attacks, (1) Tobacco products are the largest pre- their health very seriously. ventable cause of illness and premature cannot conduct their normal activity, death, responsible for one of every 5 deaths Our bill will force tobacco companies cannot associate with their families, to tell the truth, finally, to the Amer- in the United States. cannot show the kids how to hit a ball, (2) Tobacco is a uniquely harmful product ican people. As witnessed by the run a base or go skating or skiing. We in that it is the only product which kills Liggett & Myers’ settlement, which should disclose information on the in- when used as intended. wiped away the secrecy and deception gredients of cigarettes to the public (3) Cigarettes and spit tobacco products are perpetrated by the industry, truth is and provide it with realistic warnings powerfully addictive because they contain one of the few items in short supply in about the health risks that cigarettes nicotine which is a poisonous, addictive the tobacco industry. This bill will re- drug. cause. It may seem that most smokers quire tobacco manufacturers to dis- (4) Tobacco-related addiction is a pediatric know a single cigarette may have hun- close the ingredients of their product disease. The vast majority of new smokers dreds of dangerous ingredients, but I to the public. are teenagers or younger and children are be- Actually, it is a modest step. Of the doubt it. When a smoker lights a ciga- ginning to smoke today at a younger age rette, some of these ingredients burn to than ever before. hundreds of products on sale in Amer- (5) The United States health care system ica that go into the human body, to- create other chemicals, and some of these are carcinogenic. spends an estimated $50 billion a year to bacco products are the only ones—the treat diseases caused by tobacco use. In addi- only ones—for which manufacturers do A Surgeon General’s report in 1989 re- tion, the United States economy loses $50 not have to disclose the ingredients. ported that cigarettes contain 43 car- billion a year from lost productivity due to Take a company like Coca-Cola, one of cinogens. The list is here, over 43. I did tobacco-related illnesses and premature the world’s great companies. They have not know it until recently. But the death. a proud tradition of keeping their for- public certainly has a right to know. (6) The nicotine in tobacco products is re- mula secret. They have to list Coke’s Do most smokers realize that one of sponsible for the addiction of up to one half of all children who experiment with tobacco. ingredients on every can. these chemicals is arsenic? I do not think so. Our bill would disclose that, (7) More than 3,000 children begin smoking There is a major difference, of each day. An estimated 1,000 of them will die course, between Coca-Cola and ciga- as well as the other chemical carcino- from a tobacco-related illness. rettes. Coca-Cola does not kill anybody gens in cigarettes. (8) Tobacco manufacturers manipulate the and cigarettes kill 400,000 people a With all these known dangers about levels and presence of the drug nicotine in year—more than 400,000. That is one smoking, we should not hide health their products with the intent to cause and out of every three new users that the warning labels in small type on the sustain addiction in consumers. industry is trying to recruit. That is side of a cigarette pack. Other coun- (9) In 1997 the tobacco industry will spend according to the Centers for Disease tries, countries like Canada, Australia, over $5 billion on advertising and promotion Control. to attract new users, retain current users, Thailand, put large labels on the front increase current consumption, and generate Manufacturers of every food product of each pack and they put it, of course, favorable long-term attitudes toward smok- and every over-the-counter drug dis- in their native language. The United ing and tobacco use. close their contents. Cigarette manu- States should provide equal protection (10) The Federal Government has a sub- facturers do not. Can we wonder why? to consumers. The warnings should be stantial interest in ensuring that those who Yet, of any consumable product for stark, brutal if necessary, and easily do not use tobacco products are not encour- sale in the United States, it is by far seen. When cigarettes get in the hands aged to use them and those who use tobacco among the most deadly. of kids, and 3,000 of them take up products are discouraged from continuing When you think about the materials their use. smoking every day, they ought to be (11) A failure to provide adequate and com- that are in cigarettes, carcinogens—43. looking at something that says: Smok- Should not America know that when plete health warnings and labeling informa- ing can kill you. Smoking is addictive. tion to fully inform consumers about the you inhale you are going to get some Smoking harms athletic performance. risks and dangers of tobacco use is mislead- arsenic, going to get some benzine, ma- That is a lot more graphic and de- ing. terials that are very dangerous to scriptive than the small print that ap- (12) Health warnings on cigarette packages health? pears today. We should have no beating have not been updated since 1984 and do not Lead, we fight all over the place to fully reflect current scientific knowledge on around the bush because this bush kills take lead out of gasoline, take lead out the adverse health effects of tobacco use. of paint. But we sell it to the kids. you. With large and honest warnings, (13) The display format of tobacco health That is what the tobacco industry more children will get the message and warnings can be more effective as a vehicle wants to do. Cadmium, nickel—you perhaps some will put down that pack for promoting public knowledge of the health would not let your child go near these rather than lighting it up. risks. Mr. President, the 105th Congress (14) Health warnings are most effective things, yet everyday this industry, when directed at those people who are these companies, get tax deductions to should enact this legislation. It should not be a partisan issue. In the coming tempted to try smoking, who are experi- advertise their addictive, health-dam- menting with smoking, or who are consider- aging product—maybe lethal. weeks I expect this bill will attract co- ing a decision to quit smoking. Our bill also is going to replace the sponsors from both sides of the aisle. (15) Health warnings will be most effective warnings. We ask, A, they list the in- The public has a right to know. They when they are present each time the oppor- gredients. B, we ask also that health have a right to know the truth. Unless tunity to use a tobacco product occurs and warnings on the side of a cigarette Congress forces the industry’s hand, it each time tobacco products are promoted package be significant, with larger will never fully disclose to customers and advertised. (16) Changes in warning format and revi- warnings on the front and back that what it puts in its product, what it puts in their products. sions in the text of health warnings further are simple and direct, saying: ‘‘Ciga- the Federal government’s commitment to re- rettes kill. Smoking can kill you. Ciga- Mr. President, I ask unanimous con- duce tobacco-related disease and are a low rettes are addictive. Cigarettes cause sent that the text of the bill be printed cost means of enhancing the effectiveness of heart attacks and stroke.’’ in the RECORD. other tobacco reduction programs. April 8, 1997 CONGRESSIONAL RECORD — SENATE S2855 SEC. 3. DEFINITIONS. (G) any other form of tobacco intended for WARNING: Spit Tobacco Is Not a Safe Alter- As used in this Act: human consumption. native to Cigarettes (1) The term ‘‘advertisement’’ means— (12) The term ‘‘trademark’’ means any WARNING: Spit Tobacco Is Addictive (A) all newspapers and magazine advertise- word, name, symbol, logo, or device or any WARNING: Nicotine Is An Addictive Drug ments and advertising inserts, billboards, combination thereof used by a person to WARNING: Use of * Spit Tobacco Can Cause posters, signs, decals, banners, matchbook identify or distinguish such person’s goods Gum Disease advertising, point-of-purchase display mate- from those manufactured or sold by another WARNING: Use of * Spit Tobacco Can Cause rial and all other written or other material person and to indicate the source of the Tooth Loss used for promoting the sale or consumption goods. For purposes of the last warning in the pre- of tobacco products to consumers, (13) The term ‘‘United States’’ includes the ceding sentence, * denotes the name of the (B) advertising at an internet site, States and installations of the Armed Forces brand of spit tobacco required to bear such (C) advertising promotion allowances, of the United States located outside a State. label. (D) the appearance on any item (other than (14) The term ‘‘State’’ includes, in addition (B) INGREDIENTS AND CONSTITUENTS.—It cigarettes or other tobacco products) of the to the 50 States, the District of Columbia, shall be unlawful for any person to manufac- brand name (alone or in conjunction with Guam, the Commonwealth of Puerto Rico, ture, import, package, or distribute for sale any other word), logo, symbol, motto, selling the Northern Mariana Islands, the Virgin Is- within the United States any spit tobacco message, recognizable color or pattern of lands, American Samoa, and the Trust Terri- unless the spit tobacco package bears, in ac- colors, or any other indicia of product identi- tory of the Pacific Islands. cordance with the requirements of this sec- fication identical or similar to, or identifi- SEC. 4. PRODUCT PACKAGE LABELING. tion, the ingredients and constituents of the able with, those used for any brand of ciga- (a) IN GENERAL.— rettes or other tobacco products, spit tobacco which were reported to the Sec- (1) CIGARETTES.— retary under section 7 and which the Sec- (E) any other means used to promote the (A) WARNINGS.—It shall be unlawful for any retary determines should be made public. identification or purchase of tobacco prod- person to manufacture, import, package, or (3) OTHER TOBACCO PRODUCTS.— ucts. distribute for sale within the United States (A) WARNINGS.—It shall be unlawful for any (2) The term ‘‘brand’’ means a variety of any cigarettes unless the cigarette package person to manufacture, import, package, or tobacco products distinguished by the to- bears, in accordance with the requirements distribute for sale within the United States bacco used, tar and nicotine content, flavor- of this section, one of the following warning any tobacco product, other than cigarettes ing used, size of the tobacco product, filtra- labels: or spit tobacco, unless the product package tion, or packaging. WARNING: Cigarettes Kill bears, in accordance with the requirements (3) The term ‘‘cigarette’’ means— WARNING: Cigarettes Cause Lung Cancer of this section, one of the following warning (A) any roll of tobacco wrapped in paper or and Emphysema in any substance not containing tobacco WARNING: Cigarettes Cause Infant Death labels: which is to be burned, WARNING: Cigarettes Cause Heart Attacks WARNING: Tobacco Kills (B) any roll of tobacco wrapped in any sub- and Stroke WARNING: Tobacco Causes Lung Cancer and stance containing tobacco which, because of WARNING: Cigarettes Are Addictive Emphysema its appearance, the type of tobacco used in WARNING: Nicotine Is An Addictive Drug WARNING: Tobacco Causes Infant Death the filler, or its packaging and labeling is WARNING: Cigarette Smoking Harms Ath- WARNING: Tobacco Causes Heart Attacks likely to be offered to, or purchased by con- letic Performance and Stroke sumers as a cigarette described in subpara- WARNING: Smoking During Pregnancy Can WARNING: Tobacco Is Addictive graph (A), Harm Your Baby WARNING: Nicotine Is An Addictive Drug (C) little cigars which are any roll of to- WARNING: Cigarette Smoke Is Harmful to WARNING: Tobacco Harms Athletic Per- bacco wrapped in leaf tobacco or any sub- Children formance stance containing tobacco (other than any WARNING: Smoke From * Cigarettes Can WARNING: Tobacco Use During Pregnancy roll of tobacco which is a cigarette within Cause Cancer in Nonsmokers. Can Harm Your Baby WARNING: Tobacco Smoke Is Harmful to the meaning of subparagraph (A)) and as to For purposes of the last warning in the pre- Children which one thousand units weigh not more ceding sentence, * denotes the name of the WARNING: Tobacco Smoke Can Cause Can- than 3 pounds, and brand of cigarettes required to bear such cer in Nonsmokers (D) loose rolling tobacco and papers or label. tubes used to contain such tobacco. (B) INGREDIENTS AND CONSTITUENTS.—It (B) INGREDIENTS AND CONSTITUENTS.—It shall be unlawful for any person to manufac- (4) The term ‘‘constituent’’ means any ele- shall be unlawful for any person to manufac- ture, import, package, or distribute for sale ment of tobacco or cigarette mainstream or ture, import, package, or distribute for sale sidestream smoke, including tar, the compo- within the United States any cigarettes un- within the United States any tobacco prod- nents of the tar, nicotine, and carbon mon- less the cigarette package contains a pack- uct subject to subparagraph (A) unless the oxide or any other component designated by age insert, in accordance with the require- tobacco product package bears, in accord- the Secretary. ments of this section, the ingredients and ance with the requirements of this section, (5) The term ‘‘distributor’’ does not include constituents of the cigarettes which were re- the ingredients and constituents of the to- a retailer and the term ‘‘distribute’’ does not ported to the Secretary under section 7 and bacco product which were reported to the include retail distribution. which the Secretary determines should be Secretary under section 7 and which the Sec- (6) The term ‘‘ingredient’’ means any sub- made public. retary determines should be made public. stance the use of which results, or may rea- (C) PACKAGE INSERT.— (b) LABEL FORMAT.— sonably be expected to result, directly or in- (i) IN GENERAL.—It shall be unlawful for (1) IN GENERAL.—The warning labels re- directly, in its becoming a component of any any person to manufacture, import, package, quired by paragraphs (1)(A), (2), and (3) of tobacco product, including any component of or distribute for sale within the United subsection (a) shall— the paper or filter of such product. States any cigarettes unless the cigarette (A) appear on the top of the 2 most promi- (7) The term ‘‘package’’ means a pack, box, package includes a package insert, prepared nent sides of the product package on which carton, or other container of any kind in in accordance with guidelines established by the label is required and 1 label shall be in which cigarettes or other tobacco products the Secretary by regulation, on the carcino- Spanish, are offered for sale, sold, or otherwise dis- gens and other substances posing a risk to (B) be in a size which is not less than 33 tributed to customers. human health contained in the ingredients percent of the side on which the label is (8) The term ‘‘Secretary’’ means the Sec- and constituents of the cigarettes in such placed, retary of Health and Human Services. package. (C) appear in white letters on black back- (9) The term ‘‘spit tobacco’’ means any (ii) REGULATIONS.—The Secretary shall ing or in black letters on white backing, finely cut, ground, powdered, or leaf tobacco issue regulations requiring the package in- whichever is more conspicuous and promi- that is intended to be placed in the oral cav- sert required by clause (i) to provide the in- nent in contrast to the color of the package, ity. formation required by such clause (including except that the words ‘‘WARNING’’ shall ap- (10) The term ‘‘tar’’ means the particulate carcinogens and other dangerous substances) pear in bright red letters and if the package matter from tobacco smoke minus water and in a prominent, clear fashion and a detailed does not have any color, the words ‘‘WARN- nicotine. list of the ingredients and constituents. ING’’ shall be in black or white as prescribed (11) The term ‘‘tobacco product’’ means— (2) SPIT TOBACCO PRODUCT.— by this subparagraph and shall be boldly un- (A) cigarettes, (A) WARNINGS.—It shall be unlawful for any derlined with a black or white underlining, (B) little cigars, person to manufacture, import, package, or (D) be in a rectangular shape enclosed in a (C) cigars as defined in section 5702 of the distribute for sale within the United States border of color contrasting to the color of Internal Revenue Code of 1954, any spit tobacco product unless the product the backing prescribed by subparagraph (C) (D) pipe tobacco, package bears, in accordance with the re- and to the predominant color of the package, (E) loose rolling tobacco and papers used to quirements of this section, one of the follow- and contain such tobacco, ing warning labels: (E) include letters in a height, thickness, (F) products referred to as spit tobacco, WARNING: Spit Tobacco Causes Mouth Can- and type face which assures that the letters and cer in the space provided for the statement will S2856 CONGRESSIONAL RECORD — SENATE April 8, 1997 be no less legible, prominent, and conspicu- advertising) shall be rotated quarterly in al- (3) In carrying out the Secretary’s duties ous than the most legible, prominent, and ternating sequence for each brand of ciga- under this Act, the Secretary shall, as appro- conspicuous typeface, typography, and size rettes or spit tobacco product manufactured priate, consult with such experts as may of other matter printed on the side of the by the manufacturer or imported by the im- have appropriate training and experience in package on which the label statement ap- porter in accordance with a plan submitted the matters subject to such duties. pears. by the manufacturer or importer and ap- (4) The Secretary shall monitor compli- (2) FORMAT FOR OTHER CIGARETTE LABELS.— proved by the Secretary. ance with the requirements of this Act. The label required by paragraph (1)(B) of sub- (2) BILLBOARDS.—Warning labels on adver- (5) The Secretary shall recommend to the section (a) shall appear on the package in tising displayed on billboards shall be ro- Attorney General such enforcement actions such style and format as the Secretary may tated annually or whenever the advertise- as may be appropriate. by regulation prescribe. ment is changed, whichever occurs first. (b) INJUNCTION.— (c) ROTATION.—The warning labels required SEC. 6. AUTHORITY TO REVISE HEALTH (1) The district courts of the United States by paragraphs (1)(A) and (2) of subsection (a) WARNINGS. shall have jurisdiction over civil actions shall be rotated by each manufacturer of The Secretary may by regulation revise brought to restrain violations of sections 4 cigarettes and spit tobacco products on each any health warning required by section and 5. Such a civil action may be brought in brand of cigarettes and spit tobacco products 4(a)(1)(A), 4(a)(2), or 4(a)(3) and the format the United States district court for the judi- in accordance with a plan approved for the for the display of such warning if the Sec- cial district in which any substantial portion manufacturer by the Secretary. Each such retary finds that such revision would pro- of the violation occurred or in which the de- plan shall provide for an approximately even mote greater understanding of the risks of fendant is found or transacts business. In distribution of the labels among the pack- tobacco. such a civil action, process may be served on ages of a brand of the cigarettes and spit to- SEC. 7. TOBACCO PRODUCT INGREDIENTS AND a defendant in any judicial district in which bacco products of each manufacturer each CONSTITUENTS. the defendant resides or may be found and year. (a) GENERAL RULE.—Each person which subpoenas requiring attendance of witnesses SEC. 5. LABELING IN ADVERTISING. manufactures, packages, or imports into the in any such action may be served in any ju- (a) IN GENERAL.— United States any tobacco product shall an- dicial district. (1) CIGARETTE ADVERTISING.—It shall be un- nually report, in a form and at a time speci- (2) Any interested organization may bring lawful for any person to manufacture, im- fied by the Secretary by regulation— a civil action described in paragraph (1). If port, package, or distribute for sale within (1) the identity of any added constituent of such an organization substantially prevails the United States any brand of cigarettes the tobacco product other than tobacco, in such an action, the court may award it unless the advertising for such brand bears water, or reconstituted tobacco sheet made reasonable attorney’s fees and expenses. For the warning label required for cigarettes by wholly from tobacco, and purposes of this paragraph, the term ‘‘inter- section 4(a)(1)(A). (2) the nicotine, tar, and carbon monoxide ested organization’’ means any nonprofit or- (2) SPIT TOBACCO.—It shall be unlawful for yield ratings which shall accurately predict ganization one of whose purposes, and a sub- any person to manufacture, import, package, the nicotine, tar, and carbon monoxide in- stantial part of its activities, include the or distribute for sale within the United take from such tobacco product for average promotion of public health through reduc- States any spit tobacco product unless the consumers based on standards established by tion in the use of tobacco products. advertising for such product bears the warn- the Secretary by regulation, (c) CIVIL PENALTY.—Any person who manu- ing label required for spit tobacco products if such information is not information which factures, packages, distributes, or advertises by section 4(a)(2)). the Secretary determines to be trade secret a tobacco product in violation of section 4 or (3) OTHER TOBACCO PRODUCTS.—It shall be or confidential information subject to sec- 5 shall be subject to a civil penalty of not unlawful for any person to manufacture, im- tion 552(b)(4) of title 5, United States Code, more than $100,000 for each violation per day. port, package, or distribute for sale within and section 1905 of title 18, United States SEC. 9. LIABILITY. the United States any tobacco product, other Code. The constituents identified under para- Compliance with any requirement of this than cigarettes or spit tobacco, unless the graph (1) shall be listed in descending order Act, the Federal Cigarette Labeling and Ad- advertising for such product bears the warn- according to weight, measure, or numerical vertising Act (15 U.S.C. 1331 et seq.), or the ing label required for such product by sec- count. If any of such constituents is carcino- Comprehensive Smokeless Tobacco Health tion 4(a)(3)). genic or otherwise poses a risk to human Education Act of 1986 (15 U.S.C. 4401 et seq.) (b) FORMAT.— health, as determined by the Secretary, such shall not relieve any person from liability to (1) WARNING LABELS.—The warning label information shall be included in the report. any other person at common law or under required by subsection (a) for advertising (b) PUBLIC DISSEMINATION.—The Secretary State statutory law. shall— shall review the information contained in SEC. 10. EFFECTIVE DATES AND CONFORMING (A) appear in white letters on black back- each report submitted under subsection (a) AMENDMENTS. ing or in black letters on white backing, and if the Secretary determines that such in- (a) EFFECTIVE DATES.—This Act shall take whichever is most prominent relative to the formation directly affects the public health, effect on the date of the enactment of this color of the advertisement, except that the the Secretary shall require that such infor- Act, except that word ‘‘WARNING’’ shall appear in bright red mation be included in a label under sections (1) sections 4, 5, and 7 shall take effect one letters and in a advertisement without color 4(a)(1)(B), 4(a)(2)(B), and 4(a)(3)(B). year after the date of the enactment of this ‘‘WARNING’’ shall be in black or white as (c) OTHER SOURCES OF INFORMATION.—The Act, prescribed by this subparagraph and shall be Secretary shall establish a toll-free tele- (2) section 6 shall take effect 3 years after boldly underlined with a black or white un- phone number and a site on the Internet the date of the enactment of this Act. derlining, which shall make available additional infor- (b) CONFORMING AMENDMENTS.—Effective (B) be in a rectangular shape which occu- mation on the ingredients of tobacco prod- one year from the date of the enactment of pies 33 percent of the space of each advertise- ucts, except information which the Sec- this Act, the Federal Cigarette Labeling and ment and which is located at the top of the retary determines to be trade secret or con- Advertising Act (other than sections 6, 9, 10, advertisement and enclosed in a border of fidential information subject to section and 11) (15 U.S.C. 1331 et seq.) and the Com- color contrasting to the color of the backing 552(b)(4) of title 5, United States Code, and prehensive Smokeless Tobacco Health Edu- prescribed by subparagraph (A) and to the section 1905 of title 18, United States Code. cation Act of 1986 (other than sections 1, 2, predominant color of the advertisement of SEC. 8. ENFORCEMENT. 3(f), and 8) (15 U.S.C. 4401 et seq.) are re- the tobacco product being advertised, (a) IN GENERAL.— pealed. (C) include letters in a type face and size (1) The Secretary shall carry out the Sec- f which, within the space limitation pre- retary’s duties under this Act through the scribed by subparagraph (B), assure that the Commissioner of Food and Drugs. ADDITIONAL COSPONSORS letters in the statement will be no less leg- (2) The Secretary shall issue such regula- S. 18 ible, prominent, or conspicuous than the tions as may be appropriate for the imple- At the request of Mr. LAUTENBERG, most legible, prominent, and conspicuous mentation of this Act. The Secretary shall typeface, typography, and size of other mat- issue proposed regulations for such imple- the name of the Senator from Mary- ter printed on the advertisement, and mentation within 180 days of the date of the land [Ms. MIKULSKI] was added as a co- (D) be in the same language as the text of enactment of this Act. Not later than 180 sponsor of S. 18, a bill to assist the the advertising in which it appears. days after the date of the publication of such States and local governments in assess- (2) BILLBOARDS WITH LIGHTING.—The warn- proposed regulations, the Secretary shall ing and remediating brownfield sites ing label on billboards which use artificial issue final regulations for such implementa- and encouraging environmental clean- lighting shall be no less visible than other tion. If the Secretary does not issue such up programs, and for other purposes. printed matter on the billboard when the final regulations before the expiration of S. 28 lighting is in use. such 180 days, the proposed regulations shall (c) ROTATION.— become final and the Secretary shall publish At the request of Mr. THURMOND, the (1) NON-BILLBOARD ADVERTISING.—Warning a notice in the Federal Register about the names of the Senator from New Mexico labels on advertising (other than billboard new status of the proposed regulations. [Mr. DOMENICI] and the Senator from April 8, 1997 CONGRESSIONAL RECORD — SENATE S2857

Arkansas [Mr. HUTCHINSON] were added S. 370 from New Mexico [Mr. BINGAMAN], the as cosponsors of S. 28, a bill to amend At the request of Mr. GRASSLEY, the Senator from Montana [Mr. BAUCUS], title 17, United States Code, with re- name of the Senator from Maine [Ms. the Senator from Virginia [Mr. WAR- spect to certain exemptions from copy- COLLINS] was added as a cosponsor of S. NER], the Senator from Wisconsin [Mr. right, and for other purposes. 370, a bill to amend title XVIII of the KOHL], and the Senator from Arkansas S. 91 Social Security Act to provide for in- [Mr. HUTCHINSON] were added as co- At the request of Ms. SNOWE, the creased Medicare reimbursement for sponsors of Senate Resolution 63, a res- name of the Senator from Washington nurse practitioners and clinical nurse olution proclaiming the week of Octo- [Mrs. MURRAY] was added as a cospon- specialists to increase the delivery of ber 19 through October 25, 1997, as ‘‘Na- sor of S. 91, a bill to establish an Office health services in health professional tional Character Counts Week.’’ on Women’s Health within the Depart- shortage areas, and for other purposes. f ment of Health and Human Services. S. 371 NOTICE OF HEARING S. 102 At the request of Mr. GRASSLEY, the At the request of Mr. BREAUX, the name of the Senator from Maine [Ms. COMMITTEE ON RULES AND ADMINISTRATION Mr. WARNER. Mr. President, I wish names of the Senator from Kansas [Mr. COLLINS] was added as a cosponsor of S. BROWNBACK] and the Senator from 371, a bill to amend title XVIII of the to announce that the Committee on South Dakota [Mr. JOHNSON] were Social Security Act to provide for in- Rules and Administration will meet in added as cosponsors of S. 102, a bill to creased Medicare reimbursement for SR–301, Russell Senate Office Building, amend title XVIII of the Social Secu- physician assistants, to increase the on Thursday, April 10, 1997, at 10:30 rity Act to improve Medicare treat- delivery of health services in health a.m. to receive testimony from outside ment and education for beneficiaries professional shortage areas, and for counsel concerning petitions filed in with diabetes by providing coverage of other purposes. connection with a contested U.S. Sen- ate election held in Louisiana in No- diabetes outpatient self-management S. 389 training services and uniform coverage vember 1996. At the request of Mr. ABRAHAM, the For further information concerning of blood-testing strips for individuals name of the Senator from Georgia [Mr. with diabetes. this hearing, please contact Bruce COVERDELL] was added as a cosponsor Kasold of the Rules Committee staff at S. 207 of S. 389, a bill to improve congres- 224–3448. At the request of Mr. MCCAIN, the sional deliberation on proposed Federal f name of the Senator from Wisconsin private sector mandates, and for other [Mr. KOHL] was added as a cosponsor of purposes. AUTHORITY FOR COMMITTEES TO S. 207, a bill to review, reform, and ter- S. 419 MEET minate unnecessary and inequitable At the request of Mr. BOND, the name COMMITTEE ON FOREIGN RELATIONS Federal subsidies. of the Senator from Louisiana [Ms. Mr. MURKOWSKI. Mr. President, I S. 224 LANDRIEU] was added as a cosponsor of ask unanimous consent that the Com- At the request of Mr. WARNER, the S. 419, a bill to provide surveillance, re- mittee on Foreign Relations be author- name of the Senator from Nevada [Mr. search, and services aimed at preven- ized to meet during the session of the REID] was added as a cosponsor of S. tion of birth defects, and for other pur- Senate on Tuesday, April 8, 1997, at 10 224, a bill to amend title 10, United poses. a.m. and at 3:30 p.m. to hold hearings. States Code, to permit covered bene- S. 492 The PRESIDING OFFICER. Without ficiaries under the military health care objection, it is so ordered. At the request of Mr. SARBANES, the system who are also entitled to Medi- COMMITTEE ON INDIAN AFFAIRS care to enroll in the Federal Employ- name of the Senator from Massachu- setts [Mr. KERRY] was added as a co- Mr. MURKOWSKI. Mr. President, I ees Health Benefits program, and for ask unanimous consent that the Sen- other purposes. sponsor of S. 492, a bill to amend cer- tain provisions of title 5, United States ate Committee on Indian Affairs be au- S. 228 Code, in order to ensure equality be- thorized to meet during the session of At the request of Mr. MCCAIN, the the Senate on Tuesday, April 8, 1997, at name of the Senator from Michigan tween Federal firefighters and other employees in the civil service and 9:30 a.m. in room 485 of the Russell [Mr. LEVIN] was added as a cosponsor of Senate Building to conduct an over- S. 228, a bill to amend title 31, United other public sector firefighters, and for other purposes. sight hearing on juvenile justice issues States Code, to provide for continuing in Indian country. S. 511 appropriations in the absence of regu- The PRESIDING OFFICER. Without lar appropriations. At the request of Mr. CHAFEE, the objection, it is so ordered. name of the Senator from North Da- S. 304 SUBCOMMITTEE ON EUROPEAN AFFAIRS kota [Mr. DORGAN] was added as a co- At the request of Mr. DORGAN, the Mr. MURKOWSKI. Mr. President, I sponsor of S. 511, a bill to require that name of the Senator from Nebraska ask unanimous consent that the Sub- the health and safety of a child be con- [Mr. HAGEL] was added as a cosponsor committee on European Affairs of the sidered in any foster care or adoption of S. 304, a bill to clarify Federal law Committee on Foreign Relations be au- placement, to eliminate barriers to the with respect to assisted suicide, and for thorized to meet during the session of termination of parental rights in ap- other purposes. the Senate on Tuesday, April 8, 1997, at propriate cases, to promote the adop- S. 351 2 p.m. to hold a hearing. tion of children with special needs, and At the request of Mrs. MURRAY, the The PRESIDING OFFICER. Without name of the Senator from California for other purposes. objection, it is so ordered. SENATE CONCURRENT RESOLUTION 11 [Mrs. FEINSTEIN] was added as a co- SUBCOMMITTEE ON PERSONNEL sponsor of S. 351, a bill to provide for At the request of Mr. GREGG, the Mr. MURKOWSKI. Mr. President, I teacher technology training. name of the Senator from Maryland ask unanimous consent that the Sub- S. 365 [Mr. SARBANES] was added as a cospon- committee on Personnel of the Com- At the request of Mr. COVERDELL, the sor of Senate Concurrent Resolution 11, mittee on Armed Services be author- names of the Senator from Arkansas a concurrent resolution recognizing the ized to meet on Tuesday, April 8, 1997, [Mr. HUTCHINSON] and the Senator from 25th anniversary of the establishment at 10 a.m. in open session, to receive Oklahoma [Mr. INHOFE] were added as of the first nutrition program for the testimony on active and reserve mili- cosponsors of S. 365, a bill to amend the elderly under the Older Americans Act tary and civilian personnel programs Internal Revenue Code of 1986 to pro- of 1965. and the Defense Health Program in re- vide for increased accountability by In- SENATE RESOLUTION 63 view of S. 450, the National Defense Au- ternal Revenue Service agents and At the request of Mr. DOMENICI, the thorization Act for fiscal years 1998 and other Federal Government officials in names of the Senator from West Vir- 1999. tax collection practices and proce- ginia [Mr. ROCKEFELLER], the Senator The PRESIDING OFFICER. Without dures, and for other purposes. from Kentucky [Mr. FORD], the Senator objection, it is so ordered. S2858 CONGRESSIONAL RECORD — SENATE April 8, 1997 SUBCOMMITTEE ON SEAPOWER player or coach complain about the dif- place on the executive council; Ameri- Mr. MURKOWSKI. Mr. President, I ficulty of the challenges at hand. Ex- cans won’t be able to serve as inspec- ask unanimous consent that the Sub- cuses are for losers, and there are no tors; American chemical companies committee on Seapower of the Com- losers associated with this Wildcat will lose significant business to over- mittee on Armed Services be author- team of overachievers. seas competitors because of mandatory ized to meet at 2:30 p.m. on Tuesday, The Fabulous Five, the Fiddlin’ Five, trade sanctions; and U.S. credibility April 8, 1997, in open session, to receive Rupp’s Runts, the Unforgettables, the and influence will be undermined. We’ll testimony regarding submarine devel- Untouchables, and now the be in the same category as other non- opment and procurement programs and Unbelievables. Other Kentucky teams signatories such as Libya, Iran, and global submarine threat in review of S. had more talent but never has a Wild- Syria. 450, the national defense authorization cat group worked as hard. This team On the other hand, the ratification of bill for fiscal years 1998 and 1999. had tremendous pride due to the fact CWC will make it less likely that our The PRESIDING OFFICER. Without that ‘‘KENTUCKY’’ was stitched in troops will ever again encounter chem- objection, it is so ordered. bold blue letters across their chests. ical weapons in the battlefield; less f They took that pride and used it to likely that chemical weapons will fall achieve more than any fan or so-called into the hands of terrorists; and less ADDITIONAL STATEMENTS expert could have hoped for. I join likely that rogue states will have ac- Wildcat faithful across the Nation in cess to chemical weapons. Unfortu- UNIVERSITY OF KENTUCKY’S saluting this year s gallant effort. ∑ nately, CWC is not the panacea to re- BASKETBALL PROGRAM f move all threat of chemical weapons, but it is a first important step. ∑ Mr. MCCONNELL. Mr. President, the THE CHEMICAL WEAPONS I urge my Senate colleagues to take University of Kentucky’s basketball CONVENTION up the debate on the Chemical Weapons program has a rich and storied legacy; ∑ Mr. DURBIN. Mr President, one of Convention on the Senate floor so that more wins than any team in college this Nation’s most pressing national this treaty can be ratified. I also ask basketball history, six NCAA titles, security concerns is the ratification of that three editorials from Illinois more appearances in the NCAA tour- the Chemical Weapons Convention. The newspapers supporting CWC be printed nament than any other program, and 38 case for this treaty is compelling. The in the RECORD. Southeastern Conference titles. But, CWC treaty was negotiated by Presi- The editorials follow: those statistics only begin to tell the dents Reagan and Bush, two Repub- [From the Chicago Tribune, Sept. 27, 1995] tale. Even with all these successes, the lican administrations. It is now being THE HELMS CHOKE-HOLD ON DIPLOMACY 1996–97 edition of the Wildcats will moved to ratification by a Democratic That the president of these United States carry a special place in the hearts of administration. CWC is supported must seek the advice and win the consent of Kentucky fans. For the real story be- whole heartedly and overwhelmingly the Senate in making treaties and appoint- hind the UK basketball team is the by the American people. According to a ing ambassadors is so integral to the Amer- love affair the fans have with the Big poll, 84 percent of all Americans sup- ican system of checks and balances that it is Blue’s program. written into the Constitution. port this convention. It also has the The framers of that document certainly It was not so long ago, Mr. President, unconditional support of the U.S. were no strangers to the baser side of domes- that even one loss was enough to chemical industry and the U.S. mili- tic politics, so a certain amount of horse- launch some in the Commonwealth tary as represented by Gen. Norman trading in the conduct of foreign policy— into a fit of pique. So accustomed to Schwarzkopf, General Shalikashvili, which is the province of the president—was winning, some Wildcat fanatics had and Admiral Zumwalt among others. It to be tolerated and even encouraged. Today, grown unable to accept an occasional is endorsed by veterans groups; reli- however, the pugnacious senator from North setback. Even worse, many had forgot- gious organizations; the intelligence Carolina, Jesse Helms, has turned advice and ten how to enjoy the hard-earned vic- consent into stonewalling and deadlock. community; peace groups; societies for As Senate Foreign Relations chairman, a tories that talented Kentucky teams physicians, scientists, and engineers; post he assumed with the Republican sweep continually produced. and military organizations. It has al- of Congress, Helms has laid down his gavel Today there is a new attitude in the ready been ratified by 68 countries and refuses to convene business meetings of bluegrass, Mr. President. An attitude around the world including China, that powerful committee. which exults in victories and cham- India, Japan, many of the former So- Frozen by his fit of pique are ratification pionships without believing the end of viet Republics and Warsaw Pact coun- of a dozen treaties and international agree- the world is near if their beloved Cats ments, including two landmark pacts; Start tries as well as our major West Euro- 2, the treaty slashing U.S. and Russian nu- happen to come up short. An attitude pean allies. The fact of the matter is, clear arsenals that was signed by former derived from the players and coaches the treaty is both effective and reason- President George Bush, a Republican; and themselves. An attitude borne of hard able. It makes sense militarily and eco- the Chemical Weapons Convention, which work and the satisfaction brought by nomically. outlaws the manufacture and use of chemical the unparalleled success that hard Despite this unprecedented support weapons. work has produced. from such diverse groups, the Conven- Among the 400 State Department appoint- Never has this been more true than tion has been languishing, awaiting a ments locked up by Helms are 30 ambassa- dorial positions. Thus, the United States is with this year’s Kentucky squad. With Senate vote since 1993. Very simply left without chief envoys to 15 percent of its the odds stacked against the team all put, and to quote from an editorial in embassies, including those in several nations year long, the fans were able to revel in the Chicago Tribune: ‘‘This Treaty critically important to American national a 35–5 season, a Southeastern Con- Ought To Be Ratified.’’ This Tribune security and a peaceful world order—China, ference tournament title and a na- editorial goes on to state, ‘‘In the an- Lebanon, Pakistan, Panama, South Africa tional runnerup trophy. Not bad for a nals of 20th century warfare, hardly a and Zaire. squad that lost four players to the NBA weapon short of nuclear explosives has What is Helms after? He wants to reorga- draft, two starters to injury and re- nize the State Department by eliminating produced such loathing and terror as the independent agencies that handle foreign turned only one starter from the pre- those classified as chemical weapons.’’ aid, arms control and public information. vious year’s national championship When you are considering outlawing Helms says $3 billion can be saved over four team. At times this year, many would the development, production, transfer, years by letting the State Department swal- agree that the MVP of the team was acquisition, and use of chemical weap- low up the Agency for International Develop- trainer ‘‘Fast’’ Eddie Jamiel. ons, partisanship and obstructionism ment (AID), the Arms Control and Disar- These young men, Coach Rick Pitino, should not be an issue. mament Agency (ACDA) and the U.S. Infor- and Athletic Director C.M. Newton de- There are many misstatements and mation Agency (USIA). The majority of Helms’ Senate colleagues, serve special recognition for reminding much propaganda against the CWC. however, disagree. As recently as last week, us all that how you play the game is as The truth is that there is a heavy price the Senate refused to approve Helm’s con- important as the final result. Not once to pay if we are not an original signa- troversial reorganization plan, which was at- during a roller-coaster season did any tory: The United States will have no tached to the foreign aid bill. April 8, 1997 CONGRESSIONAL RECORD — SENATE S2859 President Clinton concedes there’s fat to people’s weapons, weapons that may some- Vermonters take their hockey seri- be trimmed from the State Department day be used against Americans. ously and the success of Middlebury budget but points out, for example, that the That kind of sober warning should be College’s hockey team is not only a AID budget has been trimmed by 20 percent enough to persuade Helms to end his ego trip victory for the school, but the entire since he took office, part of a downward and let the treaty go forward. community as well. The players and trend that has seen the overall funding of foreign affairs drop by 47 percent since 1985. [From the Chicago Tribune, Feb. 19, 1997] coaches have represented themselves as well as Vermont admirably. I know This stonewalling by Helms is ill-consid- THIS TREATY OUGHT TO BE RATIFIED ered, and extends far beyond Congress’ power that everyone associated with the team In the annals of 20th Century warfare, of the purse. Helms should let the treaties is proud of their achievements and we hardly a weapon short of nuclear explosives and appointments be voted in committee. all look forward to another successful has produced such loathing and terror as Then, the Senate as a whole and not just one those classified as chemical weapons, more season next year under the continued senator—should be allowed to consider what commonly known as poison gas. tutelage of Coach Beaney. advice to give Clinton and whether to give Considered the poor-man’s A-bomb because Once again, I would like to extend its consent on these important foreign policy of their ease of manufacture and battlefield my best wishes and congratulations to matters. delivery, the use of chemicals was considered the Middlebury College Hockey Team: so inhumane that even the Nazis declined [From the State Journal-Register, Feb. 11, Coach Bill Beaney, Assistant Coach their deployment on the battlefield—if not 1997] Wes McKee, Francois Bourbeau, Jeff in the extermination camps. Anastasio, Erik Zink, Mathieu OBSTRUCTIONISM BLOCKING CHEMICAL So horrible was the thought of Iraq using WEAPONS ACCORD Bilodeau, Ryan Goldman, Sebastien chemical artillery against U.S. forces in the Bilodeau, Emil Jattne, Mike Anastasio, The Senate’s delay in bringing the chemi- Gulf War that Baghdad had the clear impres- cal weapons treaty to a ratifying vote is in- sion that to do so might bring quick nuclear Ben Barnett, Cam Petke, Nickolai imical to national interests. This treaty is retaliation. Bobrov, Mark Spence, Francois Gravel, strongly supported by every major national Who besides the leaders of renegade na- David Bracken, Peter Schneider, Curt constituency. tions would oppose a treaty that would ban Goldman, Brady Priest, Ross Sealfon, The treaty is an American brainchild, ne- and destroy such heinous weapons of war? Mike Bay, Ray Turner, Jason Cawley, gotiated under Presidents Reagan and Bush. How about a handful of senators who oppose Chris Farion, Tim Fox, Jim Walsh, and President Clinton sent it to the Senate for the U.S. ratification of the 1993 Chemical John Giannacopoulos.∑ ratification in 1993. It has bipartisan Senate Weapons Convention. f support and is enthusiastically backed by Jesse Helms, the powerful head of the Sen- the U.S. military, which is destroying its ate Committee on Foreign Relations, and a TRIBUTE TO LT. COL. ARCHIBALD chemical weapons stockpiles and wants to few others oppose the treaty, claiming that GALLOWAY II see other nations do the same. it cannot be effectively enforced nor can vio- The problem is summed up in two words: lations of its provisions be verified. Pro- ∑ Mr. LUGAR. Mr. President, it is with Jesse Helms. This relic from North Carolina ponents dispute such claims. Helms has great pleasure that I rise today to pay who, through seniority, not ability, has be- asked that instead of chemical arms, Senate tribute to Lt. Col. Archie Galloway for come chairman of the Foreign Relations priorities first be focused upon other aims, his dedicated military service to our Committee, has persuaded Majority Leader like legislation ensuring a comprehensive re- country. Trent Lott to withhold the treaty from a form of the ‘‘antiquated’’ Department of Colonel Galloway is retiring on May vote on the floor, where it would easily pass. State and the United Nations. 31, 1997 from active service in the U.S. In playing this power game, Helms serves In this there is a problem: if the Senate neither nation, Senate nor party. Army after serving for nearly 29 years does not ratify the pact by April 29, the day as an infantry officer and soldier. I He serves his own ego. the convention becomes international law, The practical effect of Helms’ obstruction- the sole remaining superpower will lose out came to know Colonel Galloway per- ism is to damage the U.S. chemical industry, on the right to join teams to monitor sus- sonally during his last 31⁄2 years of a strong treaty supporter. pect chemical plants and guarantee the de- military service as a staff officer in the After the treaty takes effect April 29, par- struction of chemical arms stockpiles. An- Army’s Senate liaison office, as he ar- ticipating nations (160 have endorsed it so other detriment would be denial to the U.S. ranged for and accompanied me on a far) and prohibited from dealing with non- of access to information gathered by those number of key trips around the globe participants in any of the chemicals banned chemical teams. on critical national issues of defense by the treaty, many of which have commer- So far 161 countries have signed the Chemi- cial as well as military uses. and foreign affairs. cal Weapons Convention, and the legislatures Colonel Galloway was born in Balti- The U.S. chemical industry puts the cost of 68 countries—including those of our major to it of this provision at $600 million in ex- allies—have ratified the pact. Russia, which more, MD, on April 12, 1947. He enlisted ports annually. has yet to ratify, is nevertheless committed in the Army in 1967 as a private and But Helms does more serious damage to to destroy its chemical stockpile by the year was later commissioned as a second America’s reputation. This is our treaty. 2005 and the United States its own by 2004. lieutenant in 1969 from Infantry Officer Since the United States renounced chemical The list of those backing the treaty con- Candidate School at Fort Benning, GA. weapons 15 years ago and began destroying tains names hardly associated with a soft Throughout his military career, he stockpiles, it has been persuading other na- line on national defense. On that list are consistently distinguished himself dur- tions to do the same. military giants like Colin Powell, Norman The Chemical Weapons Convention is the ing times of peace and war, in both Schwarzkopf, Brent Scowcroft and Adm. command and staff positions. He volun- first treaty calling not just for the reduction Elmo Zumwalt Jr., and civilians like George of a type of weaponry, but its entire elimi- Bush, Lawrence Eagleburger and James A. teered for duty in Vietnam as a Viet- nation. Baker III. namese ranger adviser and was deco- The United States has had success convinc- Our confidence on this issue is in them, not rated with the Vietnamese Cross of ing others to follow our lead, but now it is Jesse Helms. The Senate should move quick- Gallantry with Silver Star and the the Senate’s turn to act. Instead, Helms has ly to ratify the treaty and join the 21st Cen- Bronze Star Medal. During Operation blocked a ratifying resolution introduced by tury.∑ Just Cause, he served as the chief of Sen. Richard Lugar, R–Ind., the man Helms f current operations in the joint task ousted as committee chairman four years force and earned at the end of his tour ago in a particularly egregious use of the se- TRIBUTE TO THE MIDDLEBURY in the 7th Infantry Division the Legion niority principle. COLLEGE HOCKEY TEAM If Helms wants to thwart the Clinton ad- of Merit. His other notable military ministration and does not care about the ∑ Mr. JEFFORDS. Mr. President, I rise awards include the Combat Infantry- chemical industry, perhaps he should listen today to pay tribute to the 1996–97 man’s Badge, Meritorious Service to what the military is saying. Middlebury College Hockey Team. The Medal with four Oak Leaf Clusters, Gen. John Shalikashvili, chairman of the Panthers recently clinched their third Army Commendation Medal, Army Joint Chiefs of Staff, is supported by former consecutive NCAA Division III title. General Staff Identification Badge, military leaders Colin Powell, Brent Scow- Not only did the team win a champion- Ranger, Airborne, and Air Assault croft, Elmo Zumwalt and others in urging ship, but was also able to remain quick ratification. Badges. Disputing Helms’ claim that the treaty undefeated throughout the season. Colonel Galloway’s professionalism somehow weakens the United States, Their impressive performance is testi- and leadership as a military officer Zumwalt, former chief of naval operations, mony to months of hard work and dedi- have earned him the respect and admi- says it ‘‘is entirely about eliminating other cation. ration of his soldiers, fellow officers, S2860 CONGRESSIONAL RECORD — SENATE April 8, 1997 and Members of the U.S. Congress. He also a writer, a minister, a Chamber of ing Sioux. This championship is made is known for his integrity, compassion, Commerce member, and a leader in more special because it is the first ever and ability to inspire men and women education. His commitment to each of for women’s basketball at UND, and it from all walks of life. It is these quali- these titles is reflected in the successes keeps the national championship tro- ties that will assure his success as a he has helped the people around him phy in North Dakota for the fifth new legislative assistant for Senator achieve. Hazelip’s retirement from straight year. JEFF SESSIONS. Lipscomb University challenges the I salute Arch Galloway for his distin- I am sure that this championship is university community to uphold the made even sweeter for Head Coach guished military record and wish him standards that he set and to move be- and his wonderful wife and great baker, Gene Roebuck and his team because it yond those criterion to reach higher comes after playing in the shadow of the former Nancy Carol Brendel, many goals for the institution. Like any good North Dakota State University’s wom- years of happiness and good health in teacher, Hazelip has given Lipscomb en’s basketball team for the last sev- his retirement. ∑ University the foundation to achieve eral years. The fact is that two of the f success. It is now up to the university best division II basketball teams in the to build upon that foundation. Harold SALUTE TO HAROLD HAZELIP country year in and year out play right Hazelip has set Lipscomb University on in the Red River Valley of North Da- ∑ Mr. FRIST. Mr. President, I rise the fast track to success, and I am con- today to commend Harold Hazelip for kota, and it was just a matter of time fident that Lipscomb’s future is very an outstanding career. Hazelip has before the UND women would get their bright as a result. I thank Harold served as president of Lipscomb Uni- share of the limelight. Hazelip for his dedication to education versity since 1986 with dedication and a and his community, and I wish him To win the national championship, proactive sense of leadership. This well as he enters retirement.∑ the UND women handily defeated the spring he will retire, and the students, Southern Indiana Lady Screaming Ea- faculty and staff at Lipscomb Univer- f gles 94–78 after closing out the game on sity will miss him greatly. But as they MR. SPRINGFIELD, JOHN Q. a 20–4 run. Winning the national cham- look back on his years of service, they HAMMONS pionship was truly a team effort with will find that the legacy he leaves be- ∑ Mr. BOND. Mr. President, on Sunday, six players scoring in double figures. hind is a strong foundation for edu- April 13, 1997, the city of Springfield, The Fighting Sioux finished the season cation and the community. MO will dedicate a statue of John Q. Since 1986, Lipscomb University has 28–4, which ties the school record for Hammons in recognition of his lifelong seen many changes. Enrollment has most wins in a season. devotion to his city, his State, and his reached record highs at the university The outstanding team accomplish- country. and at David Lipscomb Campus School When Thoreau observed that, ‘‘Phi- ments were aided by some notable indi- for kindergarten through high school. lanthropy is almost the only virtue vidual accomplishments. Freshman Fundraising efforts are more produc- which is sufficiently appreciated by point guard Jaime Pudenz was named tive than at any time in the univer- mankind,’’ he could not have imagined the most outstanding player of the sity’s 104-year history and alumni are how impossible it has become for tournament. Jaime was joined on the giving more back to their school. Springfield to show sufficiently its ap- Elite Eight All-Tournament team by When Harold Hazelip took the helm, senior Kelli Britz and sophomore Jenny Lipscomb University was called David preciation for the generosity of John. He has donated, built, benefactored, Crouse. Kelli also has the additional Lipscomb College. Through hard work distinction of finishing her career at and a clear vision Hazelip helped the patroned, and supported all facets and levels of life in Springfield. When visit- UND as the school’s leader in the 3- school implement a masters degree point fieldgoals made and attempted program to become accredited as a uni- ing the city, you are aware imme- diately of John Q. Hammons land- and second all time in total points versity by the Southern Association of scored. Tiffany Pudenz led the Fighting Colleges. In addition to a variety of marks which grace and enrich the com- munity. Sioux in scoring in the championship new programs, Hazelip has also been game with 23 points. able to recruit some of the best profes- In raising this statue and in knowing sors from across the country. Today, 83 they can never adequately express But a basketball team needs hard percent of Lipscomb’s faculty hold ter- their admiration, respect, and affec- work and contributions from all of its minal degrees in their field, an in- tion, fellow Springfieldians enthu- players if it is to reach the pinnacle of crease from 63 percent when Hazelip siastically embrace the opportunity to a national championship. The Fighting started. say thank you. Sunday will be a great Sioux certainly got that from senior During Hazelip’s tenure, admissions occasion for the people of Springfield Allison Derck, junior Elisha Kabanuk, standards were strengthened and the and I join them in paying tribute to sophomores Casey Carroll and Kami diversity of the student body increased. John Q. Hammons.∑ Winger, and freshmen Anna Feit, The campus grew, too, with the addi- f Pernilla Jonsson, Elisabeth Melin, and tion of a new library, a recreational TRIBUTE TO THE UND WOMEN’S Katie Richards. gymnasium, and a campuswide fiber- BASKETBALL TEAM Finally, I want to honor the coaches optic network. Hazelip has eagerly who have turned the Fighting Sioux ∑ Mr. DORGAN. Mr. President, my combined technological innovation, into one of the dominant forces in the student diversity, advanced education home State of North Dakota has been making the national news lately be- North Central Conference and all of di- programs, and new instructional facili- vision II women’s basketball. Coach ties to steer Lipscomb University to- cause of the recordbreaking snowfalls and flooding we have been suffering. Roebuck is one of the most successful ward a bright future. active coaches in basketball with a The most exciting legacy that This will surely be a winter that North record of 246–50 over the last 10 seasons. Hazelip leaves behind is the growth and Dakotans will remember for a long He is assisted on the bench by Darcy continued interest in mission work and time to come. However, we North Da- Deutsch, Chris Gardner, and Doug youth ministry at Lipscomb Univer- kotans will also be able to look back Reiten. sity. This aspect of campus life is a on this winter with fond memories be- true reflection of the dedication that cause of the two national champion- I’ve always known that North Da- Hazelip has for the university as well ships captured by the University of kota has some of the best people you as his community. Harold Hazelip truly North Dakota in women’s basketball can find, and I’m told that the visitors encompasses the ideals of community and men’s hockey. to Grand Forks for the national cham- involvement and leadership. In today’s First of all, I want to pay special pionship came away with the same im- tumultuous world, it is reassuring to tribute to the 1997 National Collegiate pression. Now all of America can un- see these ideals passed along. Athletic Association’s Division II wom- derstand that some of the finest people Mr. President, Harold Hazelip is not en’s national basketball champions, and finest women’s basketball both simply a university president, he is the University of North Dakota Fight- come from the Red River Valley.∑ April 8, 1997 CONGRESSIONAL RECORD — SENATE S2861 TRIBUTE TO THE UND ICE HOCKEY Finally, I want to honor the coaches tour of its facility and is sponsoring TEAM who have led the Fighting Sioux to numerous theatrical and sports events ∑ Mr. DORGAN. Mr. President, my these levels. Head Coach Dean Blais this summer. In addition, later this home State of North Dakota has been was named ‘‘WCHA Coach of the Year.’’ year the Times Argus will be printing a making the national news lately be- He is assisted by Scott Sandelin and centennial edition and is soliciting cause of the record-breaking snowfalls Mark Osiecki. contributions from its readers about and flooding we have been suffering. Since 13 of the team’s 20 members are the history and personal impact of the This will surely be a winter that North freshmen or sophomores this year, I am newspaper and the community it cov- Dakotans will remember for a long sure we can all look forward to another ers. I know that I plan to take part in time to come. However, we North Da- excellent season. But for now it is more that endeavor. kotans will also be able to look back than enough for North Dakotans to While much in the newspaper indus- on this winter with fond memories be- bask in the glow of winning yet an- try has changed since the Times Argus cause of the two national champion- other national championship in a 10- was formed on March 16, 1897, the one ships captured by the University of day period. And hopefully some of the constant has been the newspaper’s North Dakota in women’s basketball warm feelings will help to melt the commitment to its readers and com- and men’s hockey. snow and dry up the floods.∑ munity. Again I congratulate the I want to pay special tribute to the f Times Argus on 100 wonderful years of 1997 National Collegiate Athletic Asso- service and wish another 100 years of ONE HUNDRED TWENTY FIVE ciation’s Division I national hockey continued success.∑ YEARS OF COLORADO SPRINGS champions, the University of North Da- f GAZETTE kota Fighting Sioux. This is the sixth THE DEATH OF CORRECTIONAL national championship in the long and ∑ Mr. ALLARD. Mr. President, one of OFFICER SCOTT WILLIAMS storied 50-year history of the UND Colorado’s most prominent newspapers, hockey team. In fact, only one other the Colorado Springs Gazette, cele- ∑ Mrs. BOXER. Mr. President, I rise college, Michigan, has more national brated 125 years of service to the Pikes today in real sadness to report to my hockey titles to its credit than UND. Peak region on March 23, 1997. colleagues about the senseless murder But perhaps this championship is Although known as the Colorado last Thursday of Scott Williams, a among the most meaningful because of Springs Gazette-Telegraph since 1947, decorated correctional officer at the its improbability. Consistently the newspaper used its 125th birthday Lompoc Federal Penitentiary. throughout this season, the hockey as an opportunity to return to its ear- Scott was just 29 years old when he program has defied the odds-makers lier roots as the Colorado Springs Ga- was attacked savagely by an inmate with win after win. This team was pre- zette. with a makeshift knife. The stabbing dicted to finish no better than fifth in Colorado Springs is one of Colorado’s occurred during a time of day when in- the Western Collegiate Hockey Asso- most vibrant communities having ex- mates walk freely through Lompoc’s ciation at the beginning of the season, perienced tremendous growth in recent corridors. He is the only officer killed but I guess someone forgot to tell that decades. It is home to some of our Na- in the line of duty in the prison’s his- to the team and its coaches for not tion’s most important military facili- tory. My heart goes out to the family only did they win the WCHA but also ties such as Fort Carson Army Base, Scott Williams leaves behind—to his the national championship. They Falcon Air Force Base, the U.S. Air wife, Kristy, and their two young closed out the season with a 31–10–2 Force Academy and NORAD, U.S. daughters, Kaitlin and Kallie. record, becoming just the sixth team in Space Command, and the Air Force Scott was a model officer, much ad- UND history to win at least 30 games. Space Command at Peterson Air Force mired by his colleagues at Lompoc, To win the national championship, Base. Most recently, several prominent where he had been employed for only 4 the Fighting Sioux fought back from a family values advocacy organizations years. But in those 4 years this young 2 to 0 deficit after the first period to have located in Colorado Springs. man had been promoted once and had score five goals in the second period The founder of the newspaper, Gen. received six awards for outstanding against Boston University. In the third William Jackson Palmer, also is re- service. Scott Williams was as admired period, the Sioux’s smothering defense garded as the founder of Colorado for his professionalism and commit- took over and the Sioux won by a final Springs. In fact, as the 125th anniver- ment to duty as he was for his kind score of 6 to 4. sary edition of the Gazette pointed out, manner. The team’s outstanding team accom- the city and the newspaper literally Sadly, Scott’s training and commit- plishments throughout the year were grew up together. ment were not enough to sustain him aided by some notable individual ac- The colorful history of Colorado in the terrifying and deadly moments complishments. Junior wing player Springs has been chronicled for 125 of the attack, for he was unarmed. Matt Henderson was named the tour- years in the pages of the Colorado Four other officers—Mark Stephenson, nament’s most outstanding player. He Springs Gazette and I join the State of Marcos Marquez, Scott Ledham, and was joined on the all-tournament team Colorado in wishing its publisher, N. Scot Elliott—were injured as they by freshman goalie Aaron Schweitzer, Christian Anderson III and the entire rushed to his side and finally subdued junior defenseman Curtis Murphy, and Gazette staff, congratulations.∑ the attacker. the team’s leading scorer, sophomore f This tragic episode highlights the wing David Hoogsteen. Sophomore very real dangers that confront correc- Jason Blake was 1 of 10 finalists for TRIBUTE TO THE BARRE- tional officers across the country. And college hockey’s top individual player MONTPELIER TIMES ARGUS such incidents are on the rise through- award, the Hobey Baker Award. ∑ Mr. JEFFORDS. Mr. President, I rise out the Federal prison system. No- But a team needs hard work and con- today to pay tribute to the Barre- where is the record for attacks on tributions from all of its players if it is Montpelier Times Argus on it’s 100 guards worse than at Lompoc. to reach the pinnacle of a national years of service to its community. Few of us can appreciate the perils championship. The Fighting Sioux cer- From its in-depth statewide political faced daily by our correctional officers. tainly got that from seniors Kevin reporting, to its commitment to local The job is fraught with danger, and it Hoogsteen, Toby Kvalevog, Dane Litke, news, to its independent editorial page, takes a special person to come through and Mark Pivetz, junior Mitch Vig, the ‘‘T. A.’’ has played a significant each day with one’s spirit and con- sophomores Jesse Bull, Adam Calder, role in central Vermont’s history. fidence intact. But Scott Williams was Ian Kallay, Jay Panzer, Tom Philion, I salute the Times Argus for not only such a man, and now his family and Tyler Rice, Jeff Ulmer, Aaron Vickar, reaching this important milestone, but friends must go on without him. and Brad Williamson, and freshmen for inviting the entire central Vermont I grieve for the family that is no Peter Armbrust, Joe Blake, Brad community to participate in its 100th more: for the husband and wife who can DeFauw, Tim O’Connell, and Jason anniversary celebration. The paper has no longer dream of growing old to- Ulmer. scheduled an open house and guided gether, for the young daughters denied S2862 CONGRESSIONAL RECORD — SENATE April 8, 1997 a lifetime of their father’s love and af- These criminals prey on the vulner- iors in my State and across the coun- fection. I grieve for the people of able of our society. In one case, Nevada try who must be protected against this Lompoc, and Los Alamos—Scott’s authorities arrested a Las Vegas tele- type of fraudulent activity. That is hometown, still stunned and shocked marketer on a charge of attempted why I have sponsored this bill. The by this murder in their midst. theft. The telemarketer was accused of House of Representatives passed a bill I intend to initiate some inquiries trying to persuade a 92-year-old Kansas similar to mine in the 104th Congress, concerning the appropriate way to pre- man who had been fraudulently de- which has been reintroduced during vent such acts of senseless savagery clared the winner of $100,000 to send this Congress by Representative from happening in the future. As a $1,900 by Western Union in advance to GOODLATTE. It already has 47 cospon- proper testament to the life of Officer collect his prize. Another example: a sors and the support of the 60 Plus As- Scott Williams, it is incumbent upon Maine company showed real tele- sociation and the National Consumers us to do no less.∑ marketing creativity. For $250, the so- League. I urge my colleagues to join us f called Consumer Advocate Group of- and cosponsor the Telemarketing TELEMARKETING FRAUD fered to help consumers recover money Fraud Prevention Act.∑ PREVENTION ACT lost to fraudulent telemarketers—but f it provided no services, according to ∑ Mr. KYL. Mr. President, I rise to Wisconsin Attorney General James MEASURE READ FOR THE FIRST comment on the Telemarketing Fraud Doyle, who sued the Maine firm plus TIME—S. 522 Prevention Act of 1997. I am pleased to four other telemarketers. Mr. MURKOWSKI. Mr. President, sponsor this bill, which directs the U.S. Mr. President, the Association of At- under rule XIV, I understand Senate Sentencing Commission to increase torneys General has supported similar bill 522, which was introduced today by penalties for those who purposefully consumer protection efforts in the Senator COVERDELL, is at the desk, and defraud vulnerable members of our so- past. As Minnesota Attorney General I ask for its first reading. ciety and those who cross international Hubert H. Humphrey III put it last The PRESIDING OFFICER. The borders to evade prosecution. I thank year: ‘‘In the hands of a con artist, a clerk will read the bill for the first Senator REID for his sponsorship of this phone is an assault weapon.’’ time. bill, and his leadership in combating I would, at this time, like to high- The assistant legislative clerk read telemarketing fraud. light one specific provision of the bill. as follows: Current penalties for this crime are Section 2 requires that an offender for- A bill to amend the Internal Revenue Code not tough enough to deter the problem feit any real or personal property de- of 1986 to impose civil and criminal penalties and they leave the victims without res- rived from proceeds obtained as a re- for the unauthorized access of tax returns titution. Penalties for bank, wire, sult of the offense. The proceeds shall and tax return information by Federal em- ployees and other persons, and for other pur- radio, and television fraud are at least be used, as determined by the Attorney two-thirds higher than the penalty for poses. General, for the national information telemarketing fraud. Too often, tele- Mr. MURKOWSKI. Mr. President, I hotline established under the Violent marketing fraud felons receive a sen- ask for its second reading and object to Crime Control and Law Enforcement tence of fewer than 5 years in prison. my own request on behalf of Senators Act of 1994. The proceeds of the fraud The toughest penalty to date is 10 on the Democratic side of the aisle. will be returned to help the victims. I years. These are small penalties con- The PRESIDING OFFICER. Objec- believe that it is important to pay at- sidering that many telemarketing tion is heard. tention to victims’ rights in this area. fraud criminals have stolen the life Last year, more than 400 individuals f savings of retired senior citizens. were arrested by law-enforcement offi- Mr. President, thousands of Ameri- OROVILLE-TONASKET CLAIMS SET- cials working on Operation Senior Sen- cans lose billions of dollars a year from TLEMENT AND CONVEYANCE telemarketing fraud. According to tinel. Retired law-enforcement officers ACT Maryland Attorney General J. Joseph and volunteers, recruited by AARP, Mr. MURKOWSKI. Mr. President, I Curran, Jr., telemarketing fraud is went undercover to record sales pitches ask unanimous consent that the Sen- probably the fastest growing illegal ac- from dishonest telemarketers. Volun- ate proceed to the immediate consider- tivity in this country. An Associated teers from the 2-year-long Operation ation of H.R. 412, which was received Press story reported that top prosecu- Senior Sentinel discovered various from the House. tors in Arizona and 9 other States filed telemarketing schemes. Some people The PRESIDING OFFICER. The lawsuits or took other legal action were victimized by phony charities or clerk will report. against more than 70 telemarketers na- investment schemes. Others were The assistant legislative clerk read tionwide 2 years ago in an attempt to taken in by so-called premium pro- as follows: crack down on fraud that costs con- motions in which people were guaran- A bill (H.R. 412) to approve a settlement sumers more than $40 billion a year. teed one of four or five valuable prizes agreement between the Bureau of Reclama- Senior citizens appear to be the most but were induced to buy an overpriced tion and the Oroville-Tonasket Irrigation vulnerable to chicanery of this kind. product in exchange for a cheap prize. District. Fred Schulte, an investigating editor One of the most vicious scams preyed The PRESIDING OFFICER. Is there for the Fort Lauderdale Sun-Sentinel on those who had already lost money. objection to the immediate consider- and an expert on telemarketing fraud, Some telemarketers charged a substan- ation of the bill? has pointed out that senior citizens are tial fee to recover money for those who There being no objection, the Senate often too polite or too lonely not to lis- had been victimized previously—and proceeded to consider the bill. ten to the voice on the other end of the proceeded to renege on the promised Mr. GORTON. Mr. President, today, line. The risk of being taken advantage assistance. By the time the dust set- the Senate will take up and pass H.R. of, I believe, increases with age. Ac- tled, it took the Justice Department, 412, legislation authorizes a settlement cording to Attorney General Reno, it is the FBI, the FTC, a dozen U.S. attor- between the Bureau of Reclamation not uncommon for senior citizens to re- neys and State attorneys general, the and the Oroville-Tonasket Irrigation ceive as many as five or more high- Postal Service, the IRS, and the Secret District in Washington State. Senator pressure phone calls a day. Service to arrest over 400 telemarket- MURRAY and I introduced identical leg- As one telemarketing con man who ers in five States, including my home islation on this subject earlier this has worked all over the country put it: State of Arizona. month. ‘‘people are so lonely, so tired of life, Clearly telemarketing fraud is on the The reason for the speedy passage of they can’t wait for the phone to ring. rise. It is estimated that 8 out of 10 this legislation is directly related to It’s worth the $300 to $400 to them to households are targets for telemarket- the settlement entered into between think that they got a friend. That’s ing scams that bilk us of up to $40 bil- the Bureau of Reclamation and the ir- what you play on.’’ Mr. President, ma- lion annually. The telemarketing in- rigation district. This legislation will licious criminal activity like this must dustry rakes in more than $600 billion authorize a carefully negotiated settle- be punished appropriately. in annual sales. There are many sen- ment between the BOR and the April 8, 1997 CONGRESSIONAL RECORD — SENATE S2863 Oroville-Tonasket Irrigation District. each, with the following exceptions: cation is a public good, not just a pri- When enacted, this legislation will Senator THOMAS, 30 minutes; Senator vate benefit, and its relevance to the save the BOR, and therefore the Na- GRASSLEY, 30 minutes; Senator WYDEN, community transcends its importance tion’s taxpayers, money that would 20 minutes; Senator DASCHLE or his to the person. It directly correlates to otherwise be spent fighting with the ir- designee, 10 minutes; Senator CAMP- almost every indicia of societal well- rigation district in court. The adminis- BELL, 10 minutes; Senator LAUTENBERG, being. Health status, support for the tration supports the legislation. 10 minutes. arts and cultural activities, and par- The reason for quick action on this The PRESIDING OFFICER. Without ticipation in our democratic institu- legislation is the fact that the settle- objection, it is so ordered. tions increase with educational attain- ment between the irrigation district f ment; while social instability, and the BOR requires enactment of the pathologies, and demand for transfer legislation by April 15, 1997. If the leg- PROGRAM payments increase in its absence. We islation is not enacted by that date, Mr. MURKOWSKI. Mr. President, for all have a direct and personal stake in the irrigation district would have to the information of all Senators, tomor- the availability of educational oppor- refile its claim against the Govern- row, following morning business, at 1 tunity for every child. ment, and we’d be right back where we p.m. the Senate will begin consider- The conference in Switzerland, how- started—in court. As a result, Chair- ation of S. 104, the Nuclear Waste Pol- ever, touched on yet another aspect of the public value of education—its role man MURKOWSKI, and Senators BUMP- icy Act. It is our hope that the Senate in the development of a work force pre- ERS and KYL have carefully considered will be able to make substantial pared for the external changes tech- my request for quick action and have progress on S. 104 during Wednesday’s nology has created. It has been argued noted the unique circumstances sur- session of the Senate. All Members can, the United States was able to beat the rounding this legislation. I would like therefore, anticipate rollcall votes global competition in the industrial to thank Senators MURKOWSKI, BUMP- throughout tomorrow’s session and age because of the high quality of our ER, and KYL for working with me to get into the evening, if necessary. work force. It is an open question this legislation passed quickly. This is f truly a unique situation, which calls whether we will continue to enjoy such for quick action. ORDER FOR ADJOURNMENT advantage in the information age. In this international competition, older Mr. MURKOWSKI. Mr. President, I Mr. MURKOWSKI. Mr. President, if ask unanimous consent that the bill be industrial societies will find them- there is no further business to come be- selves in direct competition with the considered read the third time and fore the Senate, I ask that following passed, the motion to reconsider be second-, third-, and even fourth-world the statement of the Senator from Illi- societies that may have skipped indus- laid upon the table, and that any state- nois, the Senate stand in adjournment ments relating to the bill be placed at trialization altogether. We can choose under the previous order. either to compete with cheap labor the appropriate place in the RECORD. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without worldwide and guarantee a decline in objection, it is so ordered. living standards here, or we can ensure objection. It is so ordered. Ms. MOSELEY-BRAUN addressed the The bill (H.R. 412) was passed. that our work force has the high-skill, Chair. sophisticated productivity that will f The PRESIDING OFFICER. The Sen- command a living wage in this global ator from Illinois is recognized. MEASURE JOINTLY REFERRED— economy. It was very interesting to me S. 468 f that during the recent debate about immigration, some of the most influen- Mr. MURKOWSKI. Mr. President, I SCHOOL FUNDING tial voices against restricting legal im- ask unanimous consent that Senate Ms. MOSELEY-BRAUN. Mr. Presi- migration came from Silicon Valley bill 468, which was introduced on dent, a recent gathering of millionaires and the high-technology business com- March 18, be jointly referred to the and billionaires at an economic con- munity: They argued there was a Committee on Finance and the Com- ference in Switzerland underscored the shortage of American workers trained mittee on Environment and Public importance of education in the global for their work, and they would be un- Works. economy of the new millennium. In able to maintain their competitive po- The PRESIDING OFFICER. Without this information age, they concluded, sition if limited in the option of im- objection, it is so ordered. the distinction between the haves and porting talent, so the need to educate f have nots will be the distinction be- our work force, as a society and a tween the knows and know nots. As it ORDER FOR RECORD TO REMAIN country, has never been more impor- is with individuals, so it is with na- OPEN UNTIL 7 P.M. tant. tions. And so we are faced with a challenge Mr. MURKOWSKI. Mr. President, I We have documented the difference of more monumental proportions than ask unanimous consent that the that education credentials make in the ever before. President Clinton recently RECORD remain open until 7 p.m. for average earnings of American workers. referred to education as central to our the introduction of bills and state- High school graduates make 46 percent national security. Yet, we still ap- ments. more every year than those who do not proach education generally, and edu- The PRESIDING OFFICER. Without graduate. College graduates earn 155 cation funding in particular, with the objection, it is so ordered. percent more every year than those perspective of an age long past. Schools f who do not complete high school. Over are still paid for primarily through the the course of a lifetime, the most edu- local property tax. Elementary and ORDERS FOR WEDNESDAY, APRIL cated Americans will earn five times as secondary education has long been al- 9, 1997 much as the least educated. most the exclusive preserve of State Mr. MURKOWSKI. Mr. President, I Access to quality public education and local government, and there has ask unanimous consent that when the has been the cornerstone of the Amer- traditionally been a resistance to the Senate completes its business today, it ican meritocracy, providing people National Government having anything stand in adjournment until the hour of with more talent than means with the to do with the circumstances in which 10:30 a.m., Wednesday, April 9. I further opportunity for economic success in Johnny learns to read. ask unanimous consent that on most fields of endeavor. The rungs on Such a view misses the changes that Wednesday, immediately following the the ladder of opportunity are crafted in have transformed the world and prayer, the routine requests through the classroom. brought us closer together. We have, the morning hour be granted and that To focus solely on the individual ad- now more than ever, a community in- there be a period of morning business vantage of educational opportunity, terest that calls for cooperation among until the hour of 1 p.m. with Senators however, is to miss the point of its im- and between all of the instruments of to speak therein for up to 5 minutes portance to society as a whole. Edu- our collective will. National, State, S2864 CONGRESSIONAL RECORD — SENATE April 8, 1997 and local governments all have a role with each taking the responsibility Thereupon, the Senate, at 6:16 p.m., to play in funding education. All must most appropriate to resources and ca- adjourned until 10:30 a.m. on Wednes- do so if we are to respond to the imper- pacity. I have suggested the National day, April 9, 1997. ative of educational opportunity and Government take up the rebuilding of excellence in our own enlightened self our crumbling schools, not only be- f interest. cause the price tag is so huge, and the Jonathan Kozol, in his important problem widespread and pervasive in work ‘‘Savage Inequalities,’’ spoke to city, suburban, and rural communities NOMINATIONS the effects of tying educational oppor- across the Nation, but because it is Executive nominations received by tunity to property wealth. Disparities something the National Government the Senate April 8, 1997: are created that fly in the face of can do without interfering with local America’s promise of equality of oppor- decision making, such as which part of DEPARTMENT OF JUSTICE tunity. Moreover, the local property the school to fix first. JAMES WILLIAM BLAGG, OF TEXAS, TO BE U.S. ATTOR- tax is a poor basis for educational fund- In the meantime, we should all wel- NEY FOR THE WESTERN DISTRICT OF TEXAS FOR THE TERM OF 4 YEARS VICE RONALD F. EDERER, RESIGNED. ing: It is inelastic; it is not progressive; come the debate occurring at the State CALVIN D. BUCHANAN, OF MISSISSIPPI, TO BE U.S. AT- it has no relation to the function being houses and city councils and boards of TORNEY FOR THE NORTHERN DISTRICT OF MISSISSIPPI supported; and it ties the fate of John- FOR THE TERM OF 4 YEARS VICE ROBERT Q. WHITWELL, education all over America. We should RESIGNED. ny’s schools to Grandma’s fixed in- be proud that our President made edu- JAMES ALLAN HURD, JR., OF THE VIRGIN ISLANDS, TO come. State governments have not cor- BE U.S. ATTORNEY FOR THE DISTRICT OF THE VIRGIN IS- cation the cornerstone of his State of LANDS FOR THE TERM OF 4 YEARS VICE JAMES W. rected this funding anomaly. A recent the Union Address. We should be opti- DIEHM, RESIGNED. report by the U.S. General Accounting JOHN D. TRASVINA, OF CALIFORNIA, TO BE SPECIAL mistic that our generation has the ca- COUNSEL FOR IMMIGRATION-RELATED UNFAIR EMPLOY- Office [GAO] quantifies the inequities pacity to address and resolve the chal- MENT PRACTICES FOR A TERM OF 4 YEARS, VICE WIL- of the current mix of State and local lenges of our time, and that we can LIAM HO-GONZALEZ, TERM EXPIRED. tax support of schools and found not translate all of the tension and concern NATIONAL FOUNDATION ON THE ARTS AND THE only the disparity based on wealth that about this issue into reality-based so- HUMANITIES Kozol exposed, but an even further per- lutions. RUTH Y. TAMURA, OF HAWAII, TO BE A MEMBER OF THE versity: Those communities which had We must start, however, as the Earth NATIONAL MUSEUM SERVICES BOARD FOR A TERM EX- the least in terms of property wealth Day slogan advises, by ‘‘Thinking PIRING DECEMBER 6, 2001. (REAPPOINTMENT) tried the hardest to support their Globally and Acting Locally.’’ The an- FOREIGN SERVICE schools by devoting a greater portion swers will be plain and the balance ap- THE FOLLOWING-NAMED CAREER MEMBERS OF THE of their income to education. parent when we consider the implica- SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF When one considers, in addition, that COMMERCE FOR PROMOTION IN THE SENIOR FOREIGN tions of this challenge for our Nation’s SERVICE TO THE CLASSES INDICATED: there is—again, according to the future. The chairman of the OECD, CAREER MEMBER OF THE SENIOR FOREIGN SERVICE GAO—at least $112 billion in deferred Jean-Claude Paye, once said: ‘‘Leaders OF THE UNITED STATES OF AMERICA, CLASS OF CAREER maintenance on the school buildings MINISTER: worried about their economies need to KENNETH P. MOOREFIELD, OF MARYLAND alone, the magnitude of our education focus on society’s fraying fabric.’’ CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE funding challenge becomes clear. That Our attention to education funding OF THE UNITED STATES OF AMERICA, CLASS OF MIN- $112 billion for infrastructure will sim- reform is a first step in grasping the ISTER-COUNSELOR: ply address our crumbling school prob- challenge of our time, and as we re- JONATHAN M. BENSKY, OF WASHINGTON JOHN PETERS, OF FLORIDA lem; it does not put the new tech- store our Nation’s schools, the perma- THE FOLLOWING-NAMED CAREER MEMBERS OF THE nologies into the classroom or train nence of the American dream will be- FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR teachers to use them or pay for the in- come more secure. FOREIGN SERVICE, AS INDICATED: CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE creased phone bills for computer use. I thank the Chair. I yield the floor. OF THE UNITED STATES OF AMERICA, CLASS OF COUN- What should be clear is that the an- f SELOR: swer is not either/or, but all. There are THOMAS LEE BOAM, OF UTAH ADJOURNMENT UNTIL 10:30 A.M. STEPHEN K. CRAVEN, OF FLORIDA appropriate roles for all of our govern- LAWRENCE I. EISENBERG, OF FLORIDA ments, at the national, State, and local TOMORROW EDGAR D. FULTON, OF VIRGINIA The PRESIDING OFFICER. The Sen- SAMUEL H. KIDDER, OF WASHINGTON levels. We should emphasize coopera- BOBETTE K. ORR, OF ARIZONA tion and collaboration between them, ate stands in adjournment. JAMES WILSON, OF PENNSYLVANIA April 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E577 EXTENSIONS OF REMARKS

TRIBUTE TO DAVID D. CLEMENT also served the temple as the Capital Cam- kota State College, the National Cash Reg- paign Chairman, spearheading successful ister (NRC) Company, and with international fund-raising efforts for the Temple 2000 ex- correspondence schools. He earned certifi- HON. F. JAMES SENSENBRENNER, JR. cation in a variety of technical specialties, pansion, a tremendous time-consuming under- OF WISCONSIN including high polymers, paint technology, taking which Dan performed with great skill IN THE HOUSE OF REPRESENTATIVES water and waste treatment, industrial chem- and dignity. istry, and statistical methods. Tuesday, April 8, 1997 Faithful to the Jewish community, Dan com- Before entering Government service, Mr. Mr. SENSENBRENNER. Mr. Speaker, I rise bines business know-how with a concern for Collins worked at NCR as senior research today to bring to your attention the retirement the continuity and perpetuation of Jewish cul- chemist in charge of their polymer group. of Mr. David D. Clement, a key staff member ture. He works diligently not only for Temple Earlier experiences included service as a re- Emanuel's members, but for the larger Jewish search chemist with the Commonwealth En- on the Committee on Science. On March 21, gineering Company of Ohio, the Chadaloid 1997, Mr. Clement retired after 35 years of community as well through his commitment as Corporation, and New Wrinkle, Incorporated. Government service. a board member of the UJC of Bergen County He also worked for the City of Springfield, Mr. Clement, a native of Vallejo, CA, began and the YM±YMHA of Bergen County. Ohio, and the Oliver Corporation as a labora- his career in the House of Representatives in Joan's contributions have been likewise nu- tory technician. June 1965 while still attending George Wash- merous and significant. Through the use of Mr. Collins began his career at the GPO in ington University. His early service on Capitol her artistic talents, she helped bring the very 1962 as supervisory chemist in the Ink and Hill included duty with the U.S. Capitol Police successful handworks fair to Temple Emanuel Reprography Division of the Quality Control and continues to dedicate herself to the im- and Technical Department. He was promoted and the Clerk of the House. While serving as to Deputy Manager of the Department in De- administrative assistant to the late Lawrence provement of the synagogue. cember 1974 and to Manager in 1982. During G. Williams, he was a congressional alternate Mr. Speaker, I ask that you join me, our col- his service with the GPO, Mr. Collins con- member of the American Revolution Bicenten- leagues, Joan and Dan's children, Tracy and tributed to the development of plastic print- nial Commission. He also served on the Re- Amy, their family and friends, Temple Eman- ing rollers, automated bank checks, and U.S. publican staff of the Committee on Appropria- uel, and the Jewish community of northern mail processing based on tagged inks. He tions before joining the Science Committee in New Jersey, in recognizing Joan and Dan chaired the interagency task group that de- the spring of 1977. He was appointed as chief Silna's admirable warmth and generosity to veloped the Federal Information Processing the community and for their embodiment of (FIPS) Standard for optical character rec- of staff and chief counsel by Congressman ognition (OCR) form design, which proved to Robert S. Walker in January 1989. the highest ideals of Jewish giving. be the most popular FIPS standard ever pub- Before coming to Washington, Clement f lished. served in the U.S. Marine Corps with the 1st Mr. Collins initiated the GPO’s environ- TRIBUTE TO GEORGE J. COLLINS Marine Division. He retired from the Naval Re- mental testing and control program. He es- serve in 1995. tablished the organization that promulgated He is a graduate of the George Washington HON. JAMES P. MORAN the GPO’s Quality Assurance Through At- OF VIRGINIA tributes (QATAP) Program. The QATAP pro- University with a B.B.A. in 1969 and a M.S. in gram was a singular achievement that re- IN THE HOUSE OF REPRESENTATIVES 1972. He also graduated from the George sulted in the use of quantifiable attributes Mason University School of Law in 1980 and Tuesday, April 8, 1997 for measuring qualify in Government print- is a member of the bars of the U.S. Supreme Mr. MORAN. Mr. Speaker, I would like to ing, and it is central to the GPO’s program of Court, the U.S. Court of Military Appeals, the procuring more than 75 percent of all print- call my colleagues' attention to the passing of Commonwealth of Virginia, and the District of ing annually from the private sector. a dedicated public servant, Mr. George J. Col- Columbia. Mr. Collins served on the Joint Committee lins. Mr. Collins served in the Marine Corps Mr. Speaker, I ask that you join me, our col- on Printing’s Advisory Council on Paper and in the private sector before beginning his Specifications, which establishes standards leagues, and Mr. Clement's many friends, in career with the Government Printing Office in for the acquisition of printing and writing thanking Mr. Clement for his many years of 1962. Mr. Collins served his Government and papers for government use, including recy- service to the United States of America. country with distinction. His commitment to cled paper. In 1994 he assisted the enactment f of legislation requiring that all Federal lith- public service serves as a model for all who ographic printing be performed utilizing veg- A TRIBUTE TO JOAN AND DAN knew him. etable oil-based inks. Today, the Congres- SILNA Mr. Collins was a devoted husband, father sional Record and other congressional infor- of 5 daughters, and grandfather of 14 grand- mation products are produced on recycled children. He was a beloved constituent and an paper with vegetable-based inks, products HON. BILL PASCRELL, JR. outstanding public servant. Please join with that Mr. Collins was instrumental in helping OF NEW JERSEY me in honoring his memory. to introduce for Government use. He also IN THE HOUSE OF REPRESENTATIVES worked on increasing the use of permanent GEORGE J. COLLINS papers for the production of records with en- Tuesday, April 8, 1997 MANAGER, QUALITY CONTROL AND TECHNICAL during educational and research value. Mr. PASCRELL. Mr. Speaker, I would like to DEPARTMENT, GOVERNMENT PRINTING OFFICE Mr. Collins was a member of numerous pro- bring to your attention Joan and Dan Silna, of George J. Collins, Manager of the Quality fessional and industry groups, and he rep- Saddle River, NJ. Joan and Dan are being Control and Technical Department of the resented the GPO on several advisory boards and committees. He was affiliated with the honored by Temple Emanuel of Woodcliff Government Printing Office (GPO), died March 23, 1997. Mr. Collins had a distin- Franklin Technical Society of Washington, Lake, NJ in celebration of the temple's expan- guished career of public service at the GPO, DC, the National Association of Litho Clubs sion, Temple 2000. and at the time of his death he had general (NALC), the Technical Association of the As members of Temple Emanuel for more responsibility for the development of prod- Graphic Arts (TAGA), the Technical Associa- than 20 years, Joan and Dan have always uct standards and quality attributes, test- tion of the Pulp and Paper Industry (TAPPI), looked to the future of their congregation. ing, and inspection, as well as the supply of the American Chemical Society (ACS), They were instrumental in the temple's reloca- inks, adhesives, and other materials used in Toastmasters International, and the Com- tion from Westwood to its present location in Government printing. mittee for Graphic Arts Technologies and A native of Springfield, OH, Mr. Collins Standards (CGATS). He was the recipient of Woodcliff Lake and have been leaders within served in the United States Marine Corps. He various awards for his professional activi- the congregation ever since. Dan serves as a received his bachelor of arts degree from ties, including the Award of Excellence from trustee on the temple board and Joan has Wittenberg College and pursued additional the Printing Institute of America’s Execu- served on numerous committees including, studies at the University of Cincinnati, tive Development Institute, and several GPO most recently, the catering committee. Dan Pennsylvania State University, North Da- awards.

∑ 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. E578 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 1997 Mr. Collins was a devoted husband to his HONORING JULIA AND BUDDY Speaker, I wish to take this opportunity to wife Eleanor, father to five daughters, and FARRELL ON THEIR 50TH WED- share with my colleagues the text of this ex- grandfather to fourteen grandchildren. DING ANNIVERSARY cellent resolution, and to thank those in at- Throughout his career, Mr. Collins exem- tendance of their ongoing and dedicated com- plified skill in his profession and dedication HON. GARY L. ACKERMAN mitment to the people of Israel. We wish the to public service, and his contributions have OF NEW YORK National Unity Conference for Israel much made Government printing more cost-effec- success in their future endeavors on behalf of tive, efficient, and environmentally sound. IN THE HOUSE OF REPRESENTATIVES Tuesday, April 8, 1997 a strong United States-Israel relationship, and look forward to working with them in the f Mr. ACKERMAN. Mr. Speaker, I rise today months and years to come. to honor a wonderful couple as they mark a RESOLUTION OF SOLIDARITY—NATIONAL UNITY CONGRATULATIONS TO THE NAVY milestone in their lives, 50 years of marriage. CONFERENCE FOR ISRAEL RECRUITING PROCESSING STA- Born and raised in Brooklyn, NY, Julia and We, the members and friends of the Na- TION, GUAM—THE 1996 TOP RE- Buddy Farrell were married at the church they CRUITING STATION IN THE NA- tional Unity Coalition for Israel, give unani- had both grown up attending, Nativity Church, mous congratulations and commendation to TION on June 7, 1947. On this Saturday, April 12, the people of the State of Israel in their te- over 125 of their friends and family will honor nacious struggle to survive and flourish in them at a surprise party to celebrate their an- their God-given homeland, Eretz Israel. HON. ROBERT A. UNDERWOOD niversary. We are firmly committed to Jerusalem as the legitimate, undivided capital of the Jew- OF GUAM Before marrying Julia, Buddy proudly served his country in the U.S. Marines. Shortly after ish state. The 3000 year union between the IN THE HOUSE OF REPRESENTATIVES their marriage, they moved to Queens, NY, Jewish people and their holy city is a rela- tionship unique in human history. We com- where they raised their five children, Terri, Tuesday, April 8, 1997 mend the U.S. Congress for passage of the Joan, Kathy, John, and Timmy. In 1964, their Jerusalem Embassy Act of 1995 and urge im- Mr. UNDERWOOD. Mr. Speaker, it is my niece, Noreen, from County Kerry, Ireland, mediate implementation of the move of the honor and pleasure to commend the Navy Re- joined their family here in America. U.S. Embassy from Tel Aviv to Jerusalem. cruiting Processing Station [NRPS], Guam, for Julia and Buddy were very active in St. While respecting the legitimate rights of being named the Nation's top recruiting station Nicholas of Tolentine parish. Julia headed the all people in the region to live in peace, we ``milk mothers,'' organized the majorettes, call on responsible parties, particularly Is- for 1996. The Guam station, better known as rael and the United States, to halt further ``Team Guam,'' is led by NCC(NAC) Dwight K. helped with the sports association, and volun- teered in the gym. Buddy, who worked as a negotiations with the Palestinian Authority Keola, the Recruiter-in-Charge. The other until Chairman Arafat and the Palestinian members of the team include PN1 Eusebio D. police officer with the New York City Police Authority take concrete steps to implement DeLuna, Jr., who is the chief administrator and Department, also was involved in the Holy basic promises made but thus far blatantly classification and processing supervisor, as Name Society and the homeless shelter. Julia disregarded. well as production recruiters EMC(SW) and Buddy are known to everyone for their Namely: Wilfredo C. Pizarro, NC1 Todd E. Hubbard, giving natures and always reaching out to help 1. Amend the PLO charter, which calls for the annihilation of Israel. and AT1(AW) David C. Jubilado. their friends and family. After working very hard and raising a won- 2. Close illegal offices in Jerusalem oper- Under the guidance and leadership of derful family, they are living the good life in re- ated in violation of previous agreements. NCC(NAC) Keola, the Guam team beat out tirement in the condo in Leisure Village in 3. Effectively stop terrorist violence and other Navy recruiting teams throughout the Ridge, NY. Julia and Buddy are very proud of cease giving the ‘‘green light’’ to violence country and the world to earn this distinction. when contentious issues arise between Israel their children and adore their 12 grand- and the Palestinian Authority. This was the first time that an overseas station children, Tricia, Maryellen, Danny, Kevin, 4. Reduce the Palestinian ‘‘Police Force’’ was awarded. In addition to the Team Award, John, Bridget, Casey, Erin, Matthew, Colin, to the size agreed to in the interim agree- EMC(SW) Wilfredo C. Pizarro was named the Elizabeth, and Christopher, who range in age ment. 1996 Enlisted Recruiter of the Year, the first from 4 months to 25 years old. Julia and 5. Comply with legal obligations, including time that an overseas officer was selected as Buddy enjoy the company of many friends, transfer of terrorist suspects. the Nation's top recruiter. playing golf, and swimming. In the winter, they 6. Confiscate illegal arms. go south to Florida, and in the summer, they 7. Demonstrate a commitment to peace as For fiscal year 1996, NRPS Guam enlisted opposed to continual threats to foment a 126 applicants, 217 percent of the require- spend time in Brant Lake, NY. Mr. Speaker, I ask my colleagues to rise state of war against Israel among Arab ment. NRPS Guam covers the Commonwealth states. with me today in honoring Julia and Buddy of the Northern Marianas Islands, the citizens We strongly urge that any funding for the Farrell on 50 years of marriage, and in wishing of the Federated States of Micronesia, the Re- Palestinian Authority, planned or in process, them many more years of happiness together. public of Palau, the Republic of the Marshall be withheld until compliance is guaranteed. f Islands, and United States citizens and resi- With due respect and regard for the rights of the Palestinian people and legitimate dent aliens residing in Japan, Korea, Singa- NATIONAL UNITY COALITION FOR Arab states in the region, we insist that the pore, and the Philippines. ISRAEL RESOLUTION OF SUPPORT basic issue affecting affairs in the Middle The majority of the applicants were guaran- East is the survival of the modern State of teed medical and aviation technical schools HON. BENJAMIN A. GILMAN Israel. Since its rebirth as a nation in 1948, Israel has never posed a threat to any neigh- and training. Some were guaranteed training OF NEW YORK bor nation. Israel has only responded to ag- IN THE HOUSE OF REPRESENTATIVES in naval engineering, construction, electrical gressors. It has contributed enormously to and electronics, computers, nuclear engineer- Tuesday, April 8, 1997 the social and economic welfare of the resi- ing, administrative and logistics, and different Mr. GILMAN. Mr. Speaker, yesterday I had dents of the region. Israel stands as the sin- mechanical operations. Several applicants the opportunity to address a coalition of Jew- gle bastion of democracy in the Middle East and therefore remains an invaluable ally to were also guaranteed $30,000 in Navy college ish and Christian groups who convened a na- funds. the United States and democracies the world tional unity conference in support of Israel. over. Israel holds the key to the future pros- NRPS Guam is the only recruiting station in Prime Minister Netanyahu was the keynote perity and social development of the region. the Nation which is not physically supported speaker at this important event. The National Beyond these obvious indispensible bene- by a Military Processing Station [MEPS]. The Unity Coalition consists of more than 200 fits, no people in the history of humanity MEPS was disestablished on Guam in 1990 American Christian and Jewish organizations has a more legitimate right to a place in the and its functions were distributed between the which collectively represent more than 40 mil- ancient land of their fathers. We hold that recruiters, the recruiting support personnel, lion citizens. Attendance at this event was Israel’s biblical, historical, and moral right to the land is inviolable, and, as a body rep- and some Navy commands. Despite this dis- filled to beyond capacity. Two ballrooms at an resenting more than 200 organizations of Zi- advantage, the NRPS Guam was able to ac- area hotel were needed to accommodate all onist Christians and Jews, we stand unani- complish their mission and exceed their goals. the attendees. mously with the people of Israel and their My congratulations to the team and to their At the conference a resolution of solidarity right, in the words of ‘‘Hatikvah,’’ to live families. with Israel was unanimously adopted. Mr. freedom in the land of Zion and Jerusalem. April 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E579 TRIBUTE TO MING PAO DAILY awards for outstanding academic achievement THE 50TH WEDDING ANNIVERSARY NEWS include: Christina Sanchez and Neil Sharp, OF STEPHEN AND JANE SCILLIERI Andrean High School; Christine Mendoza, Cal- HON. CAROLYN B. MALONEY umet High School; Christine Siordia, HON. BILL PASCRELL, JR. OF NEW YORK Chesterton High School; Heather Vela, Donald OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES E. Gavit High School; Sandra Martinez, East IN THE HOUSE OF REPRESENTATIVES Tuesday, April 8, 1997 Chicago Central High School; Michael Soto, Tuesday, April 8, 1997 Mrs. MALONEY of New York. Mr. Speaker, George Rogers Clark High School; Deanna Mr. PASCRELL. Mr. Speaker, I would like to I rise today to pay tribute to the Ming Pao Westerfield, Griffith High School; Diana bring to your attention the momentous occa- Daily News, an esteemed newspaper serving Nevarez, Hammond High School; Christopher sion of the 50th wedding anniversary of Ste- the Chinese communities in Hong Kong and Calderon, Highland High School; Eric Chavez, phen and Jane Scillieri of Paterson, NJ. Ste- Canada. Today they celebrate the debut of Lake Central High School; Michelle Perez, phen and Jane celebrated their anniversary on their New York edition, the first Ming Pao pub- Merrillville High School; Bethany Diaz, Morton February 16, 1997. Born and raised in Paterson, Stephen and lication in the United States. High School; Jeanette Hernandez, Portage The Ming Pao Daily News began publication Jane are active members of the community, High School; Jesse Cisneros, River Forest especially through their involvement with in Hong Kong in 1959 and is now the third High School; Elisa Maria Paramo, TF South largest newspaper in Hong Kong in terms of Blessed Sacrament Church, where they are High School; Kristina Vega, Thomas A. Edison advertising revenue and circulation. Highly re- parishioners. garded for its editorial integrity, Ming Pao has Junior/Senior High School; Mike Cortez, Stephen is the proud owner and president received many awards. In 1995, for the fourth Thornton Fractional North High School; of Scillieri Funeral Home of Paterson and consecutive year, the paper won 7 out of 10 Meghan Dougherty, Valparaiso High School; Hawthorne. He has served as former presi- annual awards presented by the Newspaper Antoinette Cardenas, West Side High School; dent of both the State Board of Mortuary Society of Hong Kong. In 1996, according to Heather Trojnar, Whiting High School; and Science and the Passaic County Funeral Di- a Hong Kong Chinese university survey, Ming Jesse Flores, William A. Wirt High School. rectors Association. Jane is retired from the Prudential Insurance Pao was ranked No. 1 in reader confidence Students who will recieve awards for out- and authoritativeness. Co. standing athletic achievement include: Nick The loving couple are proud parents of two The Ming Pao Daily News currently pub- children, Stephen Anthony and JoEllen Cox. In lishes two Canadian papers which play an in- Botts, Calumet High School; Brian Osan, addition to being proud parents, the two are tegral role in helping the Canadian Chinese Chesterton High School; Marco Lecea, Donald also proud grandparents of four grandchildren. communities acculturate to their new societies. E. Gavit High School; Joel Rodriguez, East Mr. Speaker, I ask that you join me, our col- In these editions, Ming Pao has placed Chicago Central High School; Francisco leagues, Stephen and Jane's family and great emphasis on reporting Canadian news, Rodriguez, George Rogers Clark High School; friends, Blessed Sacrament Church, and the local lifestyle, political and social events, and Daniel Guerrero, Griffith High School; Chris- city of Paterson in recognizing the momentous sports and entertainment. In New York, Ming topher Moore, Hammond High School; Tony occasion of Stephen and Jane Scillieri's 50th Pao is determined to provide the Chinese Elder, Highland High School; Vincent Sess, wedding anniversary. speaking population with informative local, na- Lake Central High School; Jessica Vargas, f tional and international news. Merrillville High School; Jason Mendoza, Mor- Ming Pao intends to continue its service to ton High School; Leroy Vega, Portage High TRIBUTE TO DONALD E. MUIR the Chinese speaking populations in the Unit- School; Michael Cortez, River Forest High ed States when it expands its publication to in- School; Joe Yanez, Thomas A. Edison Junior/ HON. GEORGE MILLER clude San Francisco and Los Angeles in the Senior High School; Antonio Diaz, Thornton OF CALIFORNIA near future. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I am proud to honor the Ming Fractional North High School; and Jorge Del Pao Daily News, a paper which takes great Real, Whiting High School. Tuesday, April 8, 1997 pride in its service to the North American Chi- The council will also present the Outstand- Mr. MILLER of California. Mr. Speaker, I nese population. I ask my colleagues to join ing Family Award to the Rosillo family. This rise to inform the House of the passing of one me today in this well-deserved tribute to the distinguished family was carefully selected of the most effective and respected political Ming Pao Daily News as they launch their first from many qualified families on the basis of leaders in modern California political history, edition in the United States. I wish them the and a very dear friend throughout my adult their unity and dedication to one another's greatest success. life, Donald E. Muir of San Francisco. A heav- successes. In addition, Benjamin T. Luna will f ily-attended memorial service this past week- be presented with the President's Award. This end in San Francisco brought together an HISPANICS HONORED FOR THEIR honor is given to an individual exhibiting ex- enormous assortment of public officials, former NOTABLE CONTRIBUTIONS TO traordinary leadership skills by means of guid- officeholders, colleagues, friendsÐall testi- NORTHWEST INDIANA ing and mentoring the Hispanic community at mony to the active role Don played in the life large. Also, Medi-MEX, Inc., a nonprofit orga- of California politics and the Democratic Party HON. PETER J. VISCLOSKY nization which provides medical services to over the past 30 years. OF INDIANA the poor in Mexico, will receive the Cesar Don had been a colleague on the staff of IN THE HOUSE OF REPRESENTATIVES Chavez Community Service Award. The Cesar State Senator George Moscone in the 1970's Tuesday, April 8, 1997 Chavez award is presented to an agency or in Sacramento, and since that time was a group of individuals which have made notice- trusted adviser to many of the leading Demo- Mr. VISCLOSKY. Mr. Speaker, on Saturday, cratic officeholders in California at the State able contributions to the Hispanic community. April 12, 1997, numerous outstanding His- and Federal levels. panics from Indiana's First Congressional Dis- Mr. Speaker, I ask you and my other distin- Don Muir was a political realist, and for him, trict will be honored for their notable contribu- guished colleagues to join me in applauding politics was in part a business. No one per- tions to northwest Indiana. Student recognition all of the award recipients chosen by the formed the business side of politics more certificates, a President's Award, a Cesar Northwest Indiana Hispanic Coordinating expertly or tirelessly. Don was a pro who Chavez Community Service Award, and an Council. All of these individuals are most de- could read politicians better than anyone, Outstanding Family Award will be presented serving of the honors bestowed upon them. sometimes better than themselves. by the Northwest Indiana Hispanic Coordinat- Moreover, I would like to commend the North- But politics was more than business for Don ing Council during a banquet held at the Muir, too. It was very personal. American Legion Post No. 369 in East Chi- west Indiana Hispanic Coordinating Council, He was cynical without being a cynic; his cago, IN. its president, Socorro M. Roman, and all of easy going styleÐopen-necked shirts and Hispanic students representing northwest In- the council members for committing them- cowboy bootsÐbelied an intensity and a com- diana and northeast Illinois high schools will selves to the preservation of their culture. It is petitiveness that were renowned. be recognized for academic and athletic my privilege to recognize them for their out- For all his partisanship and fascination with achievement. The students who will receive standing achievements. insider intrigue, Don's real love was for our E580 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 1997 democratic institutions. He understood as well TRIBUTE TO STEVEN BENTLEY REMEMBERING LARRY BIENSTOCK as anyone the practical pressures confronted by elected officials confronting difficult choices, HON. ROBERT A. WEYGAND HON. CAROLYN B. MALONEY but he always figured Franklin D. RooseveltÐ OF RHODE ISLAND OF NEW YORK one of his heroesÐhad it about right: political IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES leaders should challenge their constituents Tuesday, April 8, 1997 Tuesday, April 8, 1997 and their Nation, and shouldn't sacrifice prin- Mr. WEYGAND. Mr. Speaker, it gives me Mrs. MALONEY of New York. Mr. Speaker, ciple and the public good to fleeting whims or great pleasure to pay tribute to an exceptional I would like to take a moment to honor a cou- political expediency. young man, Mr. Steven Bentley, who has de- rageous man and to try to shed some light on At a time when many ran and hid from the voted much hard-earned effort to achieving the tragic disease which he courageously stigmatized notion of being a ``liberal,'' Don re- the Boy Scout's highest rank of Eagle Scout. fought. Larry Bienstock was my constituent mained an unabashed and unapologetic be- This award reflects great initiative, determina- and lived on the Upper East Side of Manhat- liever that government should help the poor tion, and hard work. tan. He attended Columbia University and re- and the disenfranchised. He wasn't in the Steven received his Eagle Scout badge by ceived his law degree from New York Univer- sity. Everyone who knew him, even in pass- least starry-eyed, utopian, or naive. But he completing sorely needed renovations to Old St. Mary's Church hall, one of the oldest ing, was amazed at his searing intelligence, was unwilling to abandon his deep faith in his fierce independence, and, above all, his people and our constitutional system because Roman Catholic churches in Rhode Island. Steven is an example of the best of Ameri- unwavering commitment to the cause of of what was popular or saleable at any par- ca's youth, those dedicated to improving life in dystonia. Unfortunately, Larry knew dystonia ticular time. their community and who strive to reach their well. Don was an adviser, a fundraiser, a strate- highest potential. Generalized dystonia symptoms began gist, and kibbitzer. He loved the campaign The 16-year-old son of Bruce and Patricia when he was a boy and progressed in adult- fights and he loved the corridors of the legisla- Bentley, Steven resides in West Warwick, RI, hood to the point of confining him to a wheel- turesÐstate and nationalÐbut he also loved where he is a student at West Warwick High chair. Yet despite the cruel nature of this de- bilitating disease, Larry's spirit never damp- sitting for hours in some San Francisco res- School. I am sure his parents are extremely proud of their son's achievement. I have con- ened. During the many years that I knew and taurant, a glass of good California wine in his worked with Larry, I learned directly from him hand, speculating about political developments fidence that the Boy Scouts have prepared him to face life's challenges with great deter- about his battle with dystonia. and digesting political gossip. Dystonia is a neurological disorder charac- mination and character. On behalf of the peo- terized by severe involuntary muscle contrac- Don was born in Roseville, CA, the son of ple of Rhode Island, I would like to thank Ste- tions and sustained postures. There are sev- railroad workers, and held degrees from Sierra ven for his service to the community and wish eral different types of dystonia, such as: gen- College, California State University at Sac- him great success in the future. eralized dystonia which afflicts many parts of ramento, and San Francisco State. He taught f government and English in Roseville until he the body and usually begins in childhood; focal dystonias affecting one specific part of was sucked into the world of elections and RADIO VISION’S 17TH ANNUAL VOLUNTEER RECOGNITION DAY the body such as the eyelids, vocal cords, politics during the 1960 Presidential campaign neck, arms, hands or feet; and secondary of Senator John F. Kennedy. He subsequently HON. BENJAMIN A. GILMAN dystonia which is secondary to injury or other worked in the 1962 reelection campaign in brain illness. which Pat Brown defeated Richard Nixon, and OF NEW YORK There is no definitive test for dystonia and then in the 1964 Presidential campaign for IN THE HOUSE OF REPRESENTATIVES many primary care doctors have never seen a President Lyndon B. Johnson. Tuesday, April 8, 1997 case of it. These facts coupled with its varied After working in Brown's 1966 campaign, he Mr. GILMAN. Mr. Speaker, on April 12, presentations make it difficult to correctly diag- became the Governor's travel secretary, and 1997, Radio Vision, a service organization in nose. It is estimated that 85% of those suffer- ing from dystonia are not diagnosed or have began a career in fundraising that continued the 20th District of New York will be celebrat- ing it's 17th annual Volunteer Recognition been misdiagnosed. Because of the complica- through every succeeding Presidential cam- tions with diagnosing the disease, it is difficult paign, and countless campaigns for State and Day. Radio Vision is a closed-circuit radio broad- to determine the number of people who are af- Federal candidates. casting service that provides news and infor- fected by it. The Dystonia Medical Research But for all the fun he had and the sub- mation for the blind and sight impaired Foundation estimates that approximately stantive contributions he made to our political throughout five counties in the Hudson Valley 300,000 individuals in North America alone process, I often think that Don's first choice region of New York. Radio Vision, which is suffer from some form of dystonia. would have been to return to academia, finish staffed completely by volunteers, gives the op- Unembarrassed by his condition, Larry and up that elusive doctorate, and teach what he portunity for hundreds of sight-impaired per- his wheelchair went traveling oftenÐto lobby for funding in the halls of the Capitol, to the had learned about our political system to an- sons to learn more of what is occurring around boulevards of Paris, to symposia and social other generation of Americans. them. A sight impaired person's access to the events related to dystonia. Throughout his life, He did return to teach at San Francisco Larry was always a fighter for research into media is limited to listening to radio and tele- State, and he would have made a great career the cause and treatment of dystonia. vision broadcasts that only briefly outline na- professor, just as I am sure he was an inspir- Larry was active in politics, volunteering on tional and international news. For a person political campaigns and with the local Demo- ing teacher earlier in his career and in his last that has difficulty holding or reading a news- several years as well. He was knowledgeable, cratic party. He felt that government belonged paper, local news and happeningsÐsuch as to the people and he always took advantage he was passionate, and he was deeply com- which stores have sales, where new facilities mitted. In the end, leukemia would overtake of opportunities to speak out on issues he felt have opened in the vicinity, and what our strongly about. He spread his word via the his powerful spirit. neighbors are accomplishingÐis difficult to ob- Internet and created a web page for the Don leaves a wonderful family, his wife tain. Dystonia Medical Research Foundation, which Linda, with whom he built a successful busi- Radio Vision provides a free-closed-circuit can be found at: http://www.ziplink.net/users/ ness and raised three accomplished children, radio to people who require help in getting dystonia/. Stacey, Maggie and Mike. To them and to the news. The 105 dedicated volunteers read local Larry saw e-mail and his web page as pow- rest of his family, all of us who profited by this news, topical literature, shopping hints and erful tools for bringing together people con- man's faith and friendship offer our deep con- other vital information to more than 400 blind, cerned about dystonia and for establishing a sight impaired or otherwise disabled Hudson dolences and prayers. strong collective voice for advocacy. Larry Valley residents who subscribe to the Radio Bienstock provided a model of courage, perse- Don's legacy lives on not only in his children Vision service. verance, and independence. and grandchild, but in the scores of people in- Their voluntary hard work has enriched the When he passed away recently, Larry fluenced and inspired by him to dedicate lives of many of our constituents, and I am Bienstock left a legacy of activism and advo- themselves to lives of public service for the proud to note their good works to my col- cacy. He taught me about dystonia, and more improvement of our society. leagues. importantly, about the undying human spirit. April 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E581 TRIBUTE TO THEODORE HOWARTH, All who know Chief Theodore Howarth are partisan cosponsors from the 104th Congress JR. honored by his service to the people of I cosponsoring the Veterans American Dream Gloucester City and of New Jersey. I know Homeownership Assistance Act. HON. ROBERT E. ANDREWS that Chief Howarth's wife, Candy, and son, f OF NEW JERSEY Sean, are as proud of his accomplishments as IN HONOR OF LEO WENE IN THE HOUSE OF REPRESENTATIVES we all are. Chief Howarth's service has been Tuesday, April 8, 1997 remarkable, and I congratulate and thank him on behalf of all the citizens of New Jersey. HON. DENNIS J. KUCINICH Mr. ANDREWS. Mr. Speaker, I rise today to f OF OHIO honor an individual who has given of himself IN THE HOUSE OF REPRESENTATIVES to make his borough a better place to live. I HELP MAKE THE AMERICAN Tuesday, April 8, 1997 am speaking of Chief Theodore J. Howarth, DREAM POSSIBLE FOR THOSE Jr., the newly elected State Commander of the WHO SERVED Mr. KUCINICH. Mr. Speaker, I rise to honor American Legion Department of New Jersey. the memory and works of a great public citi- Out State is fortunate to have a leader like HON. GERALD D. KLECZKA zen, Leo Wene. Chief Howarth in this important position. Mr. Wene, a retired college physics profes- Chief Theodore Howarth's dedication to OF WISCONSIN sor, was actively engaged in his community's New Jersey and his fellow citizens is exem- IN THE HOUSE OF REPRESENTATIVES most pressing social and economic issues. He plary. Chief Howarth is a lifelong resident of Tuesday, April 8, 1997 headed efforts to establish a municipal electric Gloucester City. He served in the Navy for two Mr. KLECZKA. Mr. Speaker, thousands of power distribution system for Chardon, OH, tours in Vietnam, earning the Navy Com- former servicemen and servicewomen in a after seeing the value municipal power has mendation Ribbon, the Republic of Vietnam number of States are currently prohibited from provided Cleveland. He criticized foolhardy at- Campaign Medal, the National Defense Medal, receiving State-financed home mortgages. tempts at unsafely storing nuclear waste and and the Vietnam Service Medal. In January That is why Representative HERGER and I are upbraided proponents of the plan. 1972, Chief Howarth joined the Gloucester reintroducing the Veterans American Dream Mr. Wene was an active participant in the City Police Department, where he steadily Homeownership Assistance Act. political process and, through his example, rose through the ranks. On December 7, Under a little-known provision of the 1984 showed to many the value of activism. He 1988, Theodore Howarth became the chief of tax bill, veterans in certain States who served served as chairman of the Committee for Fair police of Gloucester City, a position at which in the Armed Forces beginning any time after Utility Rates and of the Tri-County Environ- he continues to excel. During his memorable 1976 are all but prohibited from receiving a ment and Consumer Advocate Council. He en- 24-year career in Gloucester City, Chief State-financed veterans home mortgage. In couraged fellow citizens to become involved in Howarth has accomplished much. He has es- my State of Wisconsin, this means that most the process and to let their representatives tablished a pathbreaking Juvenile Adjudication of our fighting men and women in uniform who know where they stood. Program, established numerous community served in Panama, Grenada, and the gulf war Mr. Wene was educated at Ohio State Uni- programs in concert with the school system, cannot get veterans home mortgages from versity and the University of Idaho, where he and community service organizations, pro- their own State government, even if the State received his master's degree. moted a policy of Community Oriented Polic- government would like to grant them. Are During World War II, he served with the ing, and has pursued consistent professional- those who began serving their country after Army's 83d Infantry Division in Europe. He ism in a police organization. 1976 any less deserving than those who went participated in four major campaigns and was In addition to his impressive police career, wounded at the Battle of the Bulge. Mr. Wene Chief Howarth has shown an deep commit- before? Why does this cutoff exist? This cutoff was was awarded the Silver Star for gallantry. ment to bettering himself and his community. Mr. Wene is survived by his wife of 57 While serving in the Gloucester City Police created to raise additional revenue for the 1984 tax bill by limiting the use of tax-exempt years, Cleo; daughter Jennifer of Westerville, Department, Chief Howarth completed his OH; sons, Kenneth of Bethel, CT; Daryl of bachelor of science degree in law and justice. bonds to finance State veterans mortgage pro- grams. When this provision was passed, post- North Royalton, OH, and Peter of Waldorf, He has served the Policemen's Benevolent MD; as well as five grandchildren and four Association in all elected and appointed posi- 1976 vets were a small percentage of all vet- erans, without much voice to protest this dis- great-grandchildren. tions. Chief Howarth currently serves as vice Ohio will miss him terribly. criminatory change. But 13 years later, there president of the Camden County Police f Chief's Association, and is active on the State are thousands who have served our country and national levels as well. Chief Howarth has honorably in that period. The five affected CONGRATULATIONS TO THE LITH- also served the people of Gloucester City State veterans affairs departments believe that UANIAN AMERICAN COUNCIL OF through such community organizations as the if this bill becomes law, they can help a great LAKE COUNTY, IN Jaycees, the Carmen Palmiero (Youth) Bas- number of these post-1976 vets purchase their ketball League, the Police Athletic League, the own home. The States that are currently per- HON. PETER J. VISCLOSKY mitted to use this Federal tax-exempt State Gloucester City Municipal Youth Services OF INDIANA bond financing are Wisconsin, California, Commission, the Gloucester City Celebrations IN THE HOUSE OF REPRESENTATIVES Texas, Oregon, and Alaska. Committee, and the Gloucester City Chamber Tuesday, April 8, 1997 of Commerce, rising to president of each of This legislation would simply eliminate the these organizations. In addition, Chief Howarth cutoff that exists under current law. Under our Mr. VISCLOSKY. Mr. Speaker, it is my dis- is active in Little League baseball, and serves proposal, former servicemen and service- tinct honor to congratulate the Lithuanian as vice president of the Gloucester City Lions women in the five States who served our American Council of Lake County, IN, and the Club. Through his vigorous community in- country beginning in 1977 or any years after Lithuanian community on the 79th anniversary volvement, Chief Howarth has been honored that could be eligible to qualify for a home of Lithuanian independence. many times, received such awards as Out- mortgage loan provided by their States. Our The Lithuanian American Council celebrated standing Citizenship Awards from the Jaycees, proposal does not increase Federal discre- Lithuanian independence from the Soviet Sportsman's A.C., and V.F.W. Post #3620, as tionary spending 1 cent but simply allows the Union, which occurred in 1918, on Sunday, well as the New Jersey Law Enforcement Offi- permitted States who so choose to help all February 16, 1997, at St. Casimir's Church in cer of the Year Award from both the American their veterans regardless of when they served. Gary, IN. Following tradition, the anniversary Legion Department of New Jersey and the Why should we continue to exclude from ceremony began with a church service starting Veterans of Foreign Wars Department of New State assistance certain vets who have served at 11:30 a.m. After the church service, the Jersey. our country, just because they served re- Lithuanian American Council held a flag rais- In addition to his active career and dedica- cently? We believe that at the Federal level ing ceremony outside of the church to honor tion to community service, Chief Theodore we should at least allow our own States to those Lithuanians who pledged their alle- Howarth has remained an active participant in help those who served our Nation honorably. giance to independence for their people. The the American Legion. He has risen through Please help those veterans of Grenada, Pan- event concluded with a dinner in the church the ranks, and was elected State Commander ama, and the gulf war in the affected States hall. of the American Legion Department of New who want to own their own home. Please join I would like to take this opportunity to com- Jersey in 1997. Representative HERGER and I and the 60 bi- mend the Lithuanian American Council of E582 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 1997 Lake County and its officers, including: Vin- forceful and convincing arguments that it is Is- in the shape of a map of Palestine, including cent J. Gumulauskis, who has been president rael which is in compliance with its commit- all the land of Israel. The diplomats probably for 5 years; Pete D. Auksel and Casimir Balt, ments. However, most of the media have fall- wonder about the ‘‘real’’ meaning of such maps, just as diplomats wondered what Nazis both of whom are vice-presidents; Birute en prey to the international propaganda es- ‘‘really’’ meant when they spoke of the ‘‘de- Vilutis, secretary; and Walter Ruzga, treasurer. poused by PLO Chairman Yasser Arafat and struction’’ of European Jewry. Allow me to also commend the board of direc- others which blames Israel for every problem Israel lives in a bad neighborhood. One rea- tors, whose members include the Reverend that is encountered along the negotiating path, son it is bad is that the Palestine people Ignatius Urbonas, Aleksas Degutis, Alex he concluded. have had a long run of execrable leaders: Navardauskas, Dan Pauls, Frank Petrites, Thankfully, though, there are some individ- leaders who supported Hitler in World War Brone Tampauskas, and Izidorius Tavaras. Fi- uals, like columnist George Will, whose ability II, the Soviet Union during the Cold War and nally, I would like to commend every member to cut through the obfuscation remains intact. Saddam Hussein in the Gulf War. Perhaps things will get better. Perhaps when a full- of the Lithuanian American Council for the loy- His recent article, which appeared in numer- fledged Palestinian state exists on the West alty and enthusiasm they have displayed. ous newspapers around the country, sheds Bank, that 22nd Arab state will be the first The Lithuanian American Council of Lake light on the true reality of the current situation. Arab democracy. But would those who are County, IN, is a branch of the Lithuanian Accordingly, Mr. Speaker, I wish to share the asking Israel to bet its life on that be willing American Council, Inc. It was founded in 1940 text of this piece with my colleagues, many of to bet theirs? and originated in large cities such as Boston, whom have reiterated their concerns to me Former prime minister Shimon Peres, Chicago, and New York. The organization in about Yasser Arafat's true intentions. when asked if Israel could safety consent to Lake County was initially headquartered at St. be again, as before 1967, 10 miles wide at the [From the Washington Post, Mar. 27, 1997] waist, blandly said that Israel would still be, Francis Church in East Chicago, IN, until re- LAND FOR A LIAR’S PROMISES in effect, 40 miles deep strategically because cently when the building was demolished. The (By George F. Will) ‘‘all the land we give back must be demili- organization was then moved to St. Casimir Israel’s critics, who are legion and live in tarized.’’ But although this Palestinian state where its home is today. safe neighborhoods, says Israel is being pro- does not yet fully exist, it already is milita- It is my sincere hope that 1997 will bring re- vocative. Actually, Israel’s being is provoca- rized with at least 30,000 well-armed soldier- newed prosperity for all members of the Lith- tive. policemen. Will the fully emerged state ac- uanian community and their families. May this On one day, Palestinian violence is said to cept restrictions on its sovereignty that no 79th anniversary year prove to be a most joy- have been provoked by the opening of a tun- other nation accepts? nel. One another day, the provocation is said And who would enforce such restrictions? ous one. The ‘‘international community’’ that f to be the beginning of construction of apart- ments. But the real reasons for the violence dithered during genocide in Bosnia and is inexhaustibly ‘‘understanding’’ about Pal- TRIBUTE TO DELMA CUCCINELLO are: Violence has always been part of the warp and woof of Yasser Arafat’s politics (re- estinian violence? Should Israel rely on a member, he once wore a pistol to the U.N. U.S. commitment? As Golda Meir said to HON. BILL PASCRELL, JR. podium), and there is no penalty for it. In- President Nixon when he suggested some- thing similar, ‘‘By the time you get here, we OF NEW JERSEY deed, in the eyes of the ‘‘international com- munity,’’ Palestinian violence is self- won’t be here.’’ IN THE HOUSE OF REPRESENTATIVES It is said that people hope vaguely but legitimating: It is proof of Israeli provo- dread precisely. Modern history has provided Tuesday, April 8, 1997 cation. Israelis a dread that is the premise of their No Israeli government could allow Arafat Mr. PASCRELL. Mr. Speaker, I would like to statecraft: No calamity is impossible. So to veto the construction of apartments on bring to your attention Delma Cuccinello of while the ‘‘international community’’ will unoccupied land in East Jerusalem owned by Haledon. continue to criticize Israel for the provo- the Israeli state. To allow that would be to cations inherent in its existence, Israel’s ri- Delma is retiring from her position of admin- make a de facto territorial concession, con- poste will be Golda Meir’s words: Jews are istrative clerk in the office of the Superintend- ceding that Jerusalem is redivided, with used to collective eulogies, but Israel will ent of Elections, Passaic County, NJ, after 31 Arafat sovereign in part of it. not die so that the world will speak well of years of public service. Arafat released terrorists. Israeli intel- it. During her 31 years, Delma has worked ligence says that he authorized attacks and f under five superintendents of election, and that the head of Palestinian Preventative has touched the lives of many. Security organized the Hebron riots. Last TRIBUTE TO THE HONORABLE REX A native of Paterson, Delma now resides in Friday, at a rally of 10,000 in Nablus, a speaker announced the ‘‘good news’’ of the SATER Haledon with her husband, Lou, and the cou- terrorist’s suicide attack in Tel Aviv, and ple celebrated their 50th wedding anniversary the crowd cried, ‘‘God is great.’’ An Arafat HON. LYNN C. WOOLSEY last year. Delma and Lou are the proud par- aide said, ‘‘The terror of bulldozers led to the OF CALIFORNIA ents of two daughters, and the proud grand- terror of explosives.’’ What kind of peace can IN THE HOUSE OF REPRESENTATIVES parents of two grandsons. be made with people who talk like that? Although a resident of Haledon, Delma re- Arafat’s recurring resort to violence re- Tuesday, April 8, 1997 mains very active in the Riverside Veterans futes the premise of the Oslo accords, which Ms. WOOLSEY. Mr. Speaker, I rise today to Organization of Paterson, and is an integral was that land was being traded for peace. honor a dedicated and caring public servant, Something tangible—territory—has indeed part of the community. been traded for something intangible—prom- the Honorable Judge Rex Sater. Judge Sater Mr. Speaker, I ask that you join me, our col- ises, a liar’s promises. Everything about Ara- is to be commended for 21 years of outstand- leagues, Delma's family and friends, and the fat’s repertoire—the violence, the rhetoric to ing service as a judge on the Sonoma County county of Passaic in recognizing the outstand- Arabic-speaking audiences about ‘‘combat’’ supreme court in Santa Rosa, CA. ing and invaluable service to the community of and ‘‘jihad’’ and capturing all of Jerusalem, Judge Sater earned great respect and admi- Delma Cuccinello. the refusal to fulfill the obligation to remove ration for his handling of family law cases. His f from the Palestine Charter references to the rule that disputing parties must talk matters illegitimacy and destruction of Israel—is over before involving the judge is now a com- ‘‘LAND FOR A LIAR’S PROMISES’’ consistent with the strategy adopted in 1974. mon practice used throughout California That is the ‘‘phased’’ strategy of founding a Palestinian state from which will be known as meet and confer. His respect for ju- HON. BENJAMIN A. GILMAN launched the final attack on a diminished Is- ries and the justice system was clear. In fact, OF NEW YORK rael. Judge Sater was one of the first to start the IN THE HOUSE OF REPRESENTATIVES American diplomats who soothingly refer practice of having participants and spectators to Arafat as Israel’s ‘‘partner in the peace rise each time the jury came in and out of the Tuesday, April 8, 1997 process’’ visit Arafat’s Ramallah office with courtroom. Mr. GILMAN. Mr. Speaker, one of the is- its wall map of Palestine with Israel’s bor- In addition to his exemplary service as a sues that Israel's Prime Minister Netanyahu ders erased. Such maps are frequent orna- judge, he was involved in the community as ments of political and cultural programming highlighted during his visit to Washington this on Palestinian Authority television. Such an advocate for native American causes and week focused on the lopsided and inaccurate maps are used in Palestinian commercial ad- was a founder of the Sonoma County chapter reporting about Israel's role in the Middle East vertising and as jewelry. On the main of the ACLU. peace process. At two events I attended Bethehem-Hebron road stands a monument Mr. Speaker, it is my great pleasure to pay where the Prime Minister spoke, he made to the Palestinian ‘‘martyrs of the Intifada’’ tribute to the Honorable Judge Rex Sater. April 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E583 Sonoma County was very fortunate to have Ozarks and beyond for accomplishments that A BUDGET THAT INVESTS IN had such a dedicated judge. We thank him for have affected the lives of many in countless AMERICA’S FUTURE the fair and compassionate manner he always ways. Mr. Hammons has deep roots in south- conducted his court. I extend my congratula- west Missouri. He was born in Newton County HON. GEORGE E. BROWN, JR. tions and best wishes on his semiretirement to and after finishing high school Mr. Hammons OF CALIFORNIA he, his wife, Kate, and their family. He will be attended Monett Junior College and South- IN THE HOUSE OF REPRESENTATIVES missed by all. west Missouri State University where he com- Tuesday, April 8, 1997 f pleted his bachelor's degree. HIs adult road to success began at Cassville High as a teacher Mr. BROWN of California. Mr. Speaker, for TRIBUTE TO JAMES D. and coach, and then as a cost engineer for the last 2 months, we have seen a great deal DOUGHERTY the Alaska Highway. He served his country in of rhetoric on the budget, but there has been World War II as a lieutenant (jg) on Navy no action. Next week marks the deadline for HON. CAROLYN B. MALONEY troop transports in both the Atlantic and the passage of a budget resolution, but there is no chance that we will meet that goal. We are in OF NEW YORK Pacific. a stalemate and seem incapable of moving IN THE HOUSE OF REPRESENTATIVES Living in southwest Missouri it is difficult to ahead on the budget or any of the rest of the Tuesday, April 8, 1997 not be aware of the many real estate develop- issues that confront the Congress. ments his vision has produced. Some out- Mrs. MALONEY of New York. Mr. Speaker, I will be the first to admit that crafting a sen- standing projects include the Glen Isle Center, sible budget resolution is no easy task. It re- I rise today to pay tribute to James D. Dough- Southern Hills, Village Garden Apartments, erty, who is stepping down as president of the quires taking public positions that may be un- Kimberling City, University Plaza Hotel, the comfortable, setting spending goals and prior- Gramercy Neighborhood Associates [GNA]. Springfield Trade and Convention Center, Mr. Dougherty has served as GNA's president ities that may bring questions and criticism, Highland Springs Country Club, and the and being willing to take risks in order to gain since 1990. Hammons Towers. His most recent and highly Over the past 7 years, as a result of Mr. some progress. I know all of this because I recognized development is the Chateau on the have struggled to develop a comprehensive Dougherty's leadership and vision, GNA has Lake Hotel and Convention Center near Table helped improve the Gramercy Park neighbor- budget over the last few months. Rock Dam, a resort likely to receive national Today, I am introducing a concurrent resolu- hood in many ways. Among the GNA initia- renown. His business ventures have provided tion on the budget aimed at achieving three tives undertaken during his tenure, there are a multitude of jobs and opportunities. John Q. major goals. First it will establish moderate two I would like to note. GNA worked to re- demonstrated his commitment to community budgetary growth and sustained investments place 24 cobra lampposts with the more at- improvements by donating the land and the in capital expenditures that are associated tractive and historically appropriate Bishop's supporting architectural services for the re- with future productivity. Second, it will incor- Crook lampposts. Additionally, GNA published cently built headquarters for the Springfield porate a new structure to the budget process the award-winning book, ``Gramercy: Its Archi- Area Chamber of Commerce. that more clearly identifies these investments tectural Surroundings,'' which is playing a piv- John Q. is well known to many outside the and enforces the budgetary goals we set for otal role in the drive to expand the Gramercy business community through his contributions these in the future. This approach has come Park Historic District. to education, the arts, athletics, and medicine. to be called the investment budget and it is Mr. Dougherty first moved to the Gramercy In the field of education Mr. Hammons has my hope that Congress will consider it a first area in 1960 when he was attending Columbia generously given back to Southwest Missouri step in reversing the dramatic decline in in- Law School. After 8 years of practicing law on State University including the Hammons vestments that we have witnessed over the Wall Street, Mr. Dougherty joined Pathmark House dormitory and the Hammons Student past decade. Third, this investment budget Supermarkets, Inc., as a lawyer. In 1987, he Center, where 9,000 watch Bears basketball. reaches balance by the year 2002. was appointed president of Pathmark. At Drury College he helped to initiate the sup- The 104th Congress was a crucial turning Mr. Dougherty's volunteer work does not port and the ensuing construction of the point in addressing the Federal deficit. The stop with GNA. Since his retirement from Hammons School of Architecture. He was one White House, the Republican majority, and the Pathmark in 1990, Mr. Dougherty has also of the founders of the Springfield Public Democratic minority have all committed to taken an active role in the environment. He Schools Foundation Challenge Grants to in- achieving a fully balanced budget by the year served as the chairman of the Nature Conser- crease their computer technology and provide 2002. While this will remain a political impera- vancy chapter on the east end of Long Island for the distribution of the Springfield News tive, there is not yet a coherent or unifying pol- and as a director of the New York League of Leader and USA Today in the classroom. icy to guide this process. Past proposals Con- Conservation Voters. John and his wife, Juanita, recognized the gress has considered range from artful ac- Mr. Dougherty has also applied his retail ex- counting exercises to ideological social blue- perience to several State Department volun- need to continue the development of the arts and gave major contributions to help build the prints. None have fully addressed the underly- teer assignments. He spent a month in Latvia ing imperative to create an economy that can Juanita K. Hammons Hall for the Performing in 1992, during the first winter of its independ- sustain growth after the year 2002. Arts at Southwest Missouri State University. ence from the Soviet Union, helping to estab- The 105th Congress is now struggling to lish new distribution channels for scarce food For those individuals who enjoy public tele- reach a consensus over a wide variety of and medical supplies. In 1996, he spent 2 vision the Hammons provided the founder's budgetary issues including tax cuts, adjust- months in Siberia advising a Russian retail gift to establish the Ozarks Public Television ments to the Consumer Price Index, defense chain in the design and opening of its first su- station and they have continued their support spending, and entitlement reform. There is a permarket. with Challenge Grants. rare opportunity at this time to offer a unifying Mr. Speaker, I am proud to honor James For the sports enthusiast, he donated the goal to this discussion. The fundamental chal- Dougherty, a man who has used his expertise land and five million dollars to build the Mis- lenge Congress faces is the need to shift pub- and leadership to serve his own community souri Sports Hall of Fame to help recognize lic spending away from consumption toward and the communities of others around the those in Missouri who have excelled athlet- investment. My concern over our seeming in- world. I ask my colleagues to join me today in ically. Those individuals in need of medical as- ability to distinguish investment from consump- this well deserved tribute to Mr. James Dough- sistance have been especially thankful to Mr. tion has led me to propose this bill today. erty. Hammons for his donations to the St. Johns In accomplishing these objectives, the in- f Regional Health Center which have included vestment budget will also eliminate the deficit the Hammons Life Line emergency helicopter, by the year 2002 by proposing certain HONORING JOHN Q. HAMMONS a heart wing and the Hammons Heart Insti- changes in entitlement programs, and curbing tute. the growth of other noninvestment discre- HON. ROY BLUNT It would be easy to mention many other no- tionary programs. Finally, the investment OF MISSOURI table accomplishments but perhaps it is budget will postpone any proposed tax cuts IN THE HOUSE OF REPRESENTATIVES enough to remember that he has reached until the budget is balanced. each of these goals one day at a time with As I said before, I am not an expert on the Tuesday, April 8, 1997 persistence and hard work. We thank John Q. budget and this concurrent resolution borrows Mr. BLUNT. Mr. Speaker, I rise to commend Hammons for his contributions and his exam- heavily from those more familiar with this proc- John Q. Hammons, who is well known in the ples. ess than I am. I have drawn inspiration from E584 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 1997 my friends in the Conservative Coalition, the over the 5-year period ending in 2002. This that my colleagues join me in supporting this so-called Blue Dogs, by adopting some of exceeds the President's request for these in- approach when we consider the budget later their entitlement reforms. I have drawn inspira- vestments by over $70 billion. In the Presi- this month. tion from the President by adopting his edu- dent's fiscal year 1998 budget request, the SUMMARY OF CONCURRENT RESOLUTION cation and worker training programs. I have funding level for Federal investment rep- INTRODUCED BY MR. BROWN drawn inspiration from my friends on the resents 2.7 percent of the GDP. This is the The Investment Budget is aimed at main- Transportation and Infrastructure Committee lowest level of funding for Federal investment taining strong Federal investment in areas who have been articulately advocating en- since definitional records have been kept. Al- such as research and development, capital hanced physical infrastructure expenditures. though the investment budget falls far short of infrastructure, and education and training within an overall balanced budget. The In- And, of course, I have listened to colleagues reestablishing the level of investment the Na- on both sides of the aisle who demand that vestment Budget recognizes that in the post- tion made in the past, it does begin to reverse Cold War era, the critical balance should be we lay out a course for Federal policy that will the precipitous decline. struck between investments and consump- lead to a balanced budget by the year 2002. In order to fully address this problem, how- tion rather than defense and non-defense. The case for investments rests on the long ever, it is not enough to simply propose higher The legislation establishes a process which recognized strong relationship between public spending levels in the future. It is also nec- protects investments from excessive growth investments and economic growth. Growth in essary to fix the budget process in a manner in consumption programs. the gross domestic product is generally due to that more clearly distinguishes capital invest- The following assumptions were used in de- veloping the Investment Budget: the growth in the labor force, which is entirely ments and consumption and enforces any tar- dependent on demographics, and growth in The bill assumes enactment of Title VII of get we set during the appropriations process. H.R. 2530 introduced in the 104th Congress, the productivity index, the output produced per This would provide a remedy to a long-recog- adjusted as necessary for current enactment unit of input. This later is strongly influenced nized irrationality in the budget process that dates. This provides for certain reforms for by investments in technology, capital infra- treats investment and consumption as equiva- the Medicaid program and was developed by structure, and human resources. That is, pro- lent expenditures whose only uniqueness lies the House Conservative Coalition. ductivity depends directly on the availability of in their outlay rates rather than their functional The bill assumes enactment of Title VIII of private capital stock, work force skill and train- H.R. 2530 introduced in the 104th Congress, effect on the economy. There are several fac- adjusted as necessary for current enactment ing, and the rate at which technology is im- tors that account for this state of affairs. First, proved and applied in the workplace. dates. This provides for certain reforms for the President's budget does not specifically the Medicare program and was developed by The corollary to this is that economic growth identify investments in a manner that can be the House Conservative Coalition. and economic opportunity are complementary. addressed in the congressional budget proc- The bill assumes a uniform adjustment to Economic growth will make resources broadly ess. the CPI of .5%. available to widen opportunity and increase Second, the present structure of the con- The bill assumes enactment of the Presi- employment. The slowdown in productivity be- dents proposals contained in Table S–7 of the gressional budget process for allocating dis- Budget entitled ‘‘Eliminate unwarranted ginning in the 1970's was accompanied both cretionary resources is strongly influenced by by slower growing family real incomes and by benefits and adopt other revenue measures’’ the cold war concern for maintaining a strong and ‘‘Other provisions that affect receipts’’. a widening of the income gap. defense. Thus, Congress has acted to con- Key aspects of the Investment Budget are In order to renew and sustain productivity struct a budgetary firewall between defense as follows: increases over the next decade, the emerging and nondefense discretionary expenditures. Balanced Budget.—The Investment Budget consensus among economists is that policies The decisionmaking process then takes place complies with the F.Y. 1998 discretionary should be pursued that increase higher na- spending cap and eliminates the deficit by in two separate vacuums. Funding to continue tional savings, encourage more open and effi- the year 2002 using CBO assumptions. combat-ready reserve units is pitted against cient markets, and shift public spending away Investments.—The legislation identifies weapons modernization, funding to advance from consumption and towards productive in- $910 Billion ion public investments over the vestment. It is this later policy goal that is the new cutting-edge technologies is pitted against 5 year period. This exceeds the President’s new prisons, the space program is pitted request for these programs by over $70 bil- focus of the investment budget. It should be lion. emphasized, however, that a budget resolution against veterans, and so on. The investment budget, on the other hand, Offsets.—In addition to eliminating the alone cannot address the full scope of the pro- is aimed at restructuring the budget process to Federal deficit, this proposal fully offsets all ductivity problem. Additional public policies will increases for investments in the bill. A sum- directly distinguish between investments and be called for over the coming decade that mary of offsets and savings relative to the consumption in the decisionmaking process. complement this in other areas such as overall CBO 5 year baseline is as follows: This will provide a more meaningful contem- fiscal control, international trade, and incen- Limit Defense spending—$116 B. Medicaid Reform—$25 B. tives for private capital formation. porary context to the decisionmaking process that will be needed in the coming decades. Medical Reform—$121 B. The proposed investment budget sets spe- .5% CPI Adjustment—$64 B. cific targets for growth in investments, such as The firewall that previously existed between Eliminate Unwarranted Benefits—$76 B. research and development, physical infrastruc- defense and nondefense will be transformed Permanent Savings.—The Investment ture, and education and training. The overall into a division between investments and non- Budget is fiscally responsible and includes goal for research and development spending investments. Under this process, specific no one-time budget balancing gimmickry. It is aimed at keeping pace with the growth in multiyear targets for investments will be set does not utilize asset sales such as spectrum auctioning as a revenue enhancement to bal- the gross domestic product and reversing the that can sustain and enhance productivity. The allocation process made under section 602 of ance the budget. Instead, the Investment declining trend evident in other budget propos- Budget proposes to deposit all proceeds from als. the Budget Act will be oriented around invest- spectrum auctioning in a trust fund in order The goal for physical infrastructure funding ments and noninvestments rather than de- to meet future public investment needs. is to achieve productivity gains over the near fense and nondefense. No Tax Cuts.—The legislation assumes no term by improving surface, water, and air We are undergoing a number of political, tax cuts before the budget is balanced. transportation systems and enhancing their ef- economic, and social changes in this Nation, Public investments targeted by the legisla- ficiency. This is accomplished by increasing yet we will be unable to fully debate these is- tion include the following: sues until we fix the budget problem and All civil R&D programs including NIH, discretionary spending to a level that can be NSF, NIST, DOE, NASA, and Department of efficiently sustained by the existing trust fund move beyond the current congressional stale- Agriculture have been provided an annual revenues. mate. This investment budget seeks to break growth rate of 5% per year fully offset with- The third critical element relates to human the stalemate by suggesting a new approach in a budget that balances by the year 2002. In resources. Aggressive education and training that allows sensible growth through investment sum, this bill contains $409 billion over 5 programs will ensure that all Americans can while balancing the budget. This budget also years for all civil R&D, an increase of $31 participate in and benefit from these productiv- begins to show a way of taking advantage of Billion over the President’s request. These ity gains. The goal is to narrow the income the changes occurring around us, by investing budgetary targets will allow R&D to keep gap and to enable a workforce that can be in- in a base of knowledge and physical infra- pace with the overall growth in the econ- omy. tegrated into the overall growth in the econ- structure that provides us with a wider range Defense R&D has been increased by $4.5 bil- omy that technology and transportation invest- of options. lion above the President’s request over the 5 ments will bring. Mr. Speaker, I am enclosing a brief sum- year period, primarily in the post 1999 time In the aggregate, the investment budget mary of the resolution and a list of assump- frame in order to support modernization identifies $910 billion in public investments tions we have made in developing it. I hope needs. April 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E585 Stable funding for all EPA environmental cated service, it is only appropriate that the ON BRIAN BLANKENBURG’S regulatory, research and enforcement pro- House recognizes Edward R. Farmer today. ATTAINMENT OF EAGLE SCOUT grams including the Superfund program. In sum this bill contains over $24 billion, an in- f crease of $2 billion over the President’s re- HON. DENNIS J. KUCINICH quest. OF OHIO Stable funding for all rural development HONORING SAUL RUMAN IN THE HOUSE OF REPRESENTATIVES and economic development assistance pro- Tuesday, April 8, 1997 grams. This bill contains $6.4 billion over 5 years, an increase of $500 million above the HON. PETER J. VISCLOSKY Mr. KUCINICH. Mr. Speaker, I rise to honor Administration’s request. OF INDIANA Brian Blankenburg of North Olmstead, OH, A total of $218 billion for ground, air and who will be honored this month for his recent water transportation programs, an increase IN THE HOUSE OF REPRESENTATIVES attainment of Eagle Scout. of $37 billion over the President’s request. Tuesday, April 8, 1997 The attainment of Eagle Scout is a high and This increase will optimize discretionary rare honor requiring years of dedication to spending relative to the trust funds for these Mr. VISCLOSKY. Mr. Speaker, it is my self-improvement, hard work, and the commu- programs. A total of $196 billion for elementary, sec- honor to commend Saul Ruman, an outstand- nity. Each Eagle Scout must earn 21 merit ondary, vocational education, and higher ing citizen of Indiana's First Congressional badges, 12 of which are required, including education programs. This reflects the Presi- District. On Thursday, April 3, 1997, Saul was badges in: lifesaving; first aid; citizenship in dent’s F.Y. 1998 request. presented with the 1997 Lifetime Achievement the community; citizenship in the Nation; citi- $34 billion for Social Service programs in- Award by the Indiana Trial Lawyers Associa- zenship in the world; personal management of cluding the National Service Initiative, and tion. He received this award during a luncheon time and money; family life; environmental Children and Family Services programs. at the Embassy Suites Hotel in Indianapolis, science; and camping. This reflects the President’s F.Y. 1998 re- IN. In addition to acquiring and proving pro- quest. $21 billion for the Special Supplemental Saul, a resident of Munster, founded the ficiency in those and other skills, an Eagle Food Program for Women, Infants and Chil- firm Ruman, Clements, Tobin S. Holub shortly Scout must hold leadership positions within dren (WIC)—President’s request. after his graduation from the Indiana Univer- the troop where he learns to earn the respect f sity School of Law in 1952. From the time of and hear the criticism of those he leads. its inception, the firm has concentrated in the The Eagle Scout must live by the scouting A TRIBUTE TO EDWARD R. areas of personal injury and wrongful death law, which holds that he must be: trustworthy, FARMER litigation and, over the years, has successfully loyal, brave, helpful, friendly, courteous, kind, attracted clients from across the United obedient, cheerful, thrifty, clean, and reverent. HON. BILL PASCRELL, JR. States. During his distinguished career, Saul And the Eagle Scout must complete an Eagle project, which he must plan, finance, OF NEW JERSEY has been counsel in over 100 Federal and and evaluate on his own. It is no wonder that IN THE HOUSE OF REPRESENTATIVES State appellate cases. He represented Sen- only 2 percent of all boys entering scouting Tuesday, April 8, 1997 ator Robert Kennedy during his candidacy for President of the United States, several justices achieve this rank. Brian's Eagle project was the repair, refur- Mr. PASCRELL. Mr. Speaker, I would like to on the Indiana Supreme Court, and has liti- bishing, and repainting of ticket booths and bring to your attention a truly dedicated public gated numerous cases of significant impor- parking lot lights at North Olmstead High servant in Edward R. Farmer, of Paterson, NJ, tance and public interest during his years of School. as he completes his tenure of public service to trial and appellate practice. the residents of Passaic and Essex Counties. My fellow colleagues, let us join Boy Scouts Not only has Saul excelled in his profes- A highly respected and distinguished individ- of America Troop 53 in recognizing and prais- sional life, but he has been a great asset to ual, Ed has faithfully served as an integral ing Brian for his achievement. the Indiana legal community as well. Saul has member of my congressional and general as- f impacted the judicial process in the State of sembly staffs, and as the foundation of former Indiana through hi appointments to the Indiana PARTIAL-BIRTH ABORTION BAN Congressman Herb Klein's congressional staff. Supreme Court Character and Fitness Com- ACT OF 1997 Through his efforts, Ed has loyally served the mittee on the Board of Law Examiners, the In- people of New Jersey for many years with true SPEECH OF diana Judicial Nominating Commission, and distinction. the Indiana Supreme Court Committee on His extensive record of community and civic HON. ROBERT A. UNDERWOOD Rules. In addition, Saul has secured member- OF GUAM involvement includes outstanding service as ship in a variety of professional organizations, president of the Passaic County Young Demo- IN THE HOUSE OF REPRESENTATIVES including the American Board of Trial Advo- crats, an organization which, under his dedi- Thursday, March 20, 1997 cates, the International Academy of Trial Law- cated leadership and guidance, has infused yers, the National Institute for Trial Advocacy, Mr. UNDERWOOD. Mr. Speaker, I rise in the Democratic Party of Passaic County with the Indiana Trial Lawyers Association, and the strong support of the partial-birth abortion ban a plethora of spirited and talented young peo- Trial Lawyers Section of the Indiana State Bar legislation which would outlaw gruesome abor- ple. Association. Saul has also devoted much of tion procedures. I sponsored this legislation Within all spheres of life, Ed has set an ex- his time as a member of the board of visitors because it would protect the sanctity of life ample in community leadership and respon- to the Indiana University School of Law. and prevent the cruel and inhumane killing of sible citizenship toward which others might unborn children. A living fetus is viable and we strive, and his professional and volunteer pub- Along with being bestowed the ninth annual should respect its humanity. lic service has been equaled only by his dedi- Lifetime Achievement Award, Saul has earned We know all too well the arguments on both cation to his family and friends. recognition in the publication ``Best Lawyers in sides of this important issue. Some present The strength and success of the State of America'' in 1993 and 1997. Those listed in legal or constitutional issues. Some cite the New Jersey as well as the United States of this publication are selected by their peers on lack of money or adequate resources to sup- America, and the continuation of our American the basis of professional performance and port the child. Some women may cite social or society, depend in large part on the dedication ability. psychological problems which hinder their abil- of highly talented and educated individuals like Mr. Speaker, I ask you and my other es- ity to go to full term on their pregnancy. But Ed Farmer who have dedicated themselves to teemed colleague to join me in congratulating no matter what the arguments or reasons the service of others. Saul on his receipt of the Indiana Trial Law- cited, the partial-birth abortion procedure is Mr. Speaker, I ask that you join me, our col- yers Associations' Lifetime Achievement brutal and senseless and should never be al- leagues, Ed's wife, Patti, his family and Award. His wife, Beverlee, and their children, lowed. friends, and the State of New Jersey in honor- Loral, Melissa, and Elizabeth, can be proud of As a nation, we have the fortitude to find ing Ed Farmer for his outstanding and invalu- Saul's exceptional accomplishments. His en- humane ways to deal with whatever difficulties able service to the communities of New Jersey deavors within the legal profession are cer- or burdens which cause women to resort to as he seeks a new beginning with his wife, tainly admirable and his outstanding dedica- partial-birth abortions. But we should not, as a Patti, and their two cats, Dog and Gunther, in tion and leadership are a model and inspira- nation, sanction this procedure in any way, Lexington, KY. For his many years of dedi- tion to each and every one of us. shape, or form. E586 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 1997 For me personally, and for the people of a democratic Cuba. All books that the Castro Many of post's members were awarded Guam whom I represent, the worth of children regime considered against its interests were honors from our upper echelons of the organi- in our culture is a cornerstone in sustaining systematically banned, all individuals who sup- zation. Henry Jagielski and Dennis Wilde family values. For us, abortions is never an ported ideas other than the ones the dictator- served as State commanders of the Depart- option; we oppose abortion because it de- ship favored were exiled, harassed, incarcer- ment of Ohio C.W.V. Both John J. Bury and values life and destroys our concept of family ated, or murdered. Thomas C. Rudnickei were recipients of the preservation. For us, the issues are that we Fortunately, many of the great books of prestigious John J. Martin Award from the De- continue to protect our children, stop the as- Cuban history and publications of Cuban writ- partment of Ohio C.W.V. Over the years, the sault against the innocent unborn, and con- ers and intellectuals are now being preserved membership roster at Post 1222 has included tinue to believe that life is a precious gift from in the United States at the Cuban Collection of mayors, judges, councilmen, and other civic God. the University of Miami's Otto G. Richter Li- leaders over the years. When we stand up for the unborn, we help brary. The Cuban Collection at the University Post 1222's first meetings were held in St. to fortify our culture, our heritage, and our so- of Miami is the largest collection of its kind Stanislaus Church's basement. The Quonset ciety. I join my colleagues in supporting this outside of Cuba, superseding even the collec- Hut at 1207 South Avenue served as the very important legislation. tion at the Library of Congress. home of the post. In 1958, the post undertook f The awesome collection contains materials construction of a permanent home at a cost of from all periods of Cuba's history and attracts over $90,000. The mortgage was burned in HONORING THE NATIONAL INSTI- thousands of researchers every year from all 1970. This was a remarkable achievement led TUTE FOR ELECTROMEDICAL IN- parts of the world. Some of its unique holdings by the senior trustees: Ed Rudnicki, Jim Gaca, FORMATION include an 1895 photograph of Cuban Henry Jagielski, and Henry Kost. Mambises who fought for Cuba's independ- For the past 50 years, Post 1222 has HON. GARY L. ACKERMAN ence from Spain, miniature letters from Cuban marched in every Memorial Day and Veteran's OF NEW YORK political prisoners, and copies dating from Day Parade in Youngstown. Rain or shine the 1832 of Diario de la Marina, the oldest news- IN THE HOUSE OF REPRESENTATIVES post's color guard has answered the call. paper in Cuba and the Americas until its oper- There is also a special mass offered for all the Tuesday, April 8, 1997 ation was forcefully shut down by the Castro veterans and deceased members of the post. Mr. ACKERMAN. Mr. Speaker, I rise today dictatorship. Post 1222 sponsors Catholic action pro- to join with my constituents of the Fifth Con- South Florida is proud to have among its grams. These events address issues of the gressional District in extending most welcome many assets this outstanding collection that local community such as, education, crime, congratulations to the members of the Na- helps keep alive Cuba's history through this and serving the poor. The programs also tional Institute for Electromedical Information dark period of repression that has engulfed focus on service in the Catholic Church. Post [NIEI] in celebrating its 13th anniversary. the island. members assist in parish duties including ush- Founded in 1984, by Stanley H. Kornhauser, f ers, alter services, and parish council. Ph.D., the NIEI has diligently serviced the bor- TRIBUTE TO THE ST. STANISLAUS The post believes in Catholic education. ough of Queens as an advocate and educator CATHOLIC WAR VETERANS POST Thus the organization grants scholarships to of electromedicine and has been most effec- 1222 help young people attending parochial high tive as a medium for the exchange of informa- school. Bernard Lakovich left part of his estate tion on advances in new electrodiagnostic and HON. JAMES A. TRAFICANT, JR. to the organization for education scholarships. electrotherapeutic devices in all areas of medi- Each year many parochial schools participate cine. OF OHIO IN THE HOUSE OF REPRESENTATIVES in essay and art contests, sponsored by the Since its founding, the NIEI has been an ac- post and producing many State and national tive source of informational distribution to the Tuesday, April 8, 1997 winners. field of medicine and has emerged as a major Mr. TRAFICANT. Mr. Speaker, I rise today All veterans' organizations must have a la- facilitator in establishing training and seminar to honor one of the many distinguished organi- dies auxiliary. Post 1222 Ladies Auxiliary is programs in electromedical education. Its im- zations of my district: St. Stanislaus Catholic tireless in their efforts of assisting the various pact has been guided and nurtured by the or- War Veterans Post 1222. This organization events the post sponsors. ganization's advisory board. The board's has given many years of dedicated service to By sharing with one another, many mem- strong interdisciplinary members have distin- the community. bers of Post 1222 have achieved personal sat- guished themselves in diverse fields of medi- The Reverend John Grabowski, pastor of isfaction. The members are unselfish in their cal and scientific research significantly impact- St. Stanislaus Church, gathered some 45 indi- undertakings. They all have toiled so that their ing on the field of health care. viduals and proposed forming a veteran's or- children, by active dedication to a cause, will Therefore, Mr. Speaker, I ask my colleagues ganization in the community. These men had be instilled in the freedoms and benefits that to rise in recognizing the National Institute of just returned home after years of service and these United States can offer. Patriotism is Electromedical Information, its founder and sacrifice in our Armed Forces during World noble and dignified. Post 1222 has expressed president, Stanley H. Knornhauser, Ph.D., its War II. Father Grabowski knew these men its patriotism by making great contributions to advisory board and membership as leaders in would be willing to extend themselves in serv- the church and community. Many thanks to enhancing the level of understanding and ice to their church and their community. On the members of St. Stanislaus Post 1222, who knowledge regarding electromedical edu- February 10, 1947, Post 1222 was granted a over the past 50 years contributed their time cation, electromedical technology develop- charter from the Catholic War Veterans of the and energy to St. Stanislaus Post 1222 Catho- ment, and the effective use of electromedical United States. lic War Veterans. technology throughout our Nation. The post's initial efforts were extended to Current officers of Post 1222 include: Jo- f the young people at St. Stanislaus Church and seph M. Magielski, John Bury, Paul Stopnick, parochial elementary and secondary schools. James Mislay, Thomas Rudnicki, Pauline UNIVERSITY OF MIAMI’S OTTO G. Keeping the memory of the fallen comrades Tybor, Ted Seidler, Sam Naples, Frank RICHTER LIBRARY’S CUBAN COL- sacred was uppermost at the time, so on No- Gerchak, George Zakrzewski, Walter LECTION HELPS KEEP ALIVE vember 7, 1948, the post dedicated a memo- Glowacki, John Savaet, Marilyn L. Carroll, and CUBAN HISTORY rial bronze plaque inscribed with the names of Father Edward J. Neroda. the 19 men of St. Stanislaus parish who gave f HON. ILEANA ROS-LEHTINEN their lives for our freedom. OF FLORIDA For over 50 years the post maintained the TRIBUTE TO DOROTHY C. ROWE IN THE HOUSE OF REPRESENTATIVES respect and admiration of the community. The post participates annually in many fundraising Tuesday, April 8, 1997 HON. BILL PASCRELL, JR. events including the Red Cross, United Way, OF NEW JERSEY Ms. ROS-LEHTINEN. Mr. Speaker, two of and the March of Dimes campaigns. The IN THE HOUSE OF REPRESENTATIVES the many freedoms suppressed by the Castro members also host events for Catholic High dictatorship over its 37 years of totalitarian School drives and St. Elizabeth's Hospital. Tuesday, April 8, 1997 rule have been academic and intellectual free- Each member and officer participates in order Mr. PASCRELL. Mr. Speaker, I would like to dom that once were a source of great pride in to maintain the post's high ideals. bring to your attention Dorothy C. Rowe of April 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E587 Paterson, NJ, an educator who strives for and CONFLICT OR COOPERATION WITH stand a better chance of moving China toward encourages excellence. ASIA political freedom to match their recently estab- A native of Wilmington, DE, Dorothy moved lished economic freedoms. Moreover, strategi- to Paterson more than 20 years ago, and has HON. BUD SHUSTER cally we need a friendly China to be part of the balance of power in Asia, and especially since become a prominent resident of the OF PENNSYLVANIA as a check on the unstable and irrational dic- community. Upon settling in Paterson, Dorothy IN THE HOUSE OF REPRESENTATIVES tatorship in North Korea. soon became affiliated with the Calvary Bap- Tuesday, April 8, 1997 While China emerges as the economic co- tist Church, where her husband-to-be, the Mr. SHUSTER. Mr. Speaker. Napoleon said, lossus of the next century, a technologically Reverend Dr. Albert P. Rowe, is the pastor. ``when China awakens it will shake the earth'' advanced Japan continues to grow. Investing As a member of the congregation, she be- and as we approach the 21st century, not only over $30 billion in a single international airport came involved in numerous church programs China, but the entire Pacific rim is emerging to at Kansai, 200 miles southwest of Tokyo, and activities including developing the become the world's next economic super- while trying to lock out United States competi- church's day care program, organizing the power region. Whether we engage this coming tion in the Asian market, Japan continues as Golden Keys and Women Fellowship, and or- colossus to help build a better world, or a ferocious competitor seeking dominance in ganizing the Dorcas Missionary Society. confront it as a dangerous adversary will de- global markets. When the British flag is lowered on June 30 In addition to her organizing church activi- pend in large measure on the wisdom of our in Hong Kong and China takes control, the ties, Dorothy also serves the church as direc- policies in facing the realities of a complex and sometimes contradictory challenge. world will watch to see if China keeps its tor of the board of Christian Education, direc- China with 1.2 billion people, nearly a quar- promise to let the Hong Kong miracle survive. tor of the Vacation Bible School, director and ter of the world's populationÐand increasing Unimpeded, Hong Kong will continue as a writer for the Calvary Players, program chair- to 1.6 billion people in the next 20 yearsÐis gateway to the Orient. With the largest pri- man of the Calvary Building Council for booming economically. By moving toward a vately owned container port in the world, effi- Church Construction, and chairman of the Cal- market economy, promoting both domestic ciently moving 21¤2 times the container cargo vary Stewardship Program for Family Life and international private sector competition, it of the ports of Long Beach and Los Angeles Center. has achieved a sustained 10 percent annual combined, Hong Kong next year will open the Aside from her church activities, Dorothy is growth rate which is raising the standard of liv- largest multimodal airport complex in the also involved with the community through her ing for most Chinese and creating extraor- world. Costing $21 billion, it will handle 35 mil- work as principal of Paterson's School No. 26 dinary opportunities for American businesses, lion passengers with 288 check-in counters where she has served since 1985. Formerly, which means jobs for Americans. A few exam- and 3 million tons of air cargo annually, includ- she has served as principal of the Dale Ave- ples: ing the world's largest combined highway-rail suspension bridge. nue School, vice-principal of School No. 10, A McDonnell Douglas aircraft plan in Shang- hai created 1,000 Chinese jobs, but also cre- These multibillion-dollar infrastructure invest- and teacher of history at Kennedy High ated 4,000 Americans jobs providing the air- ments being made throughout the Orient School, all of the city of Paterson. craft parts for assembly in China; clearly show that Asia will be a formidable Dorothy has always prioritized education. A new General Motors assembly plant will global competitor in the coming century. From her own in the public schools of Wil- use $1.15 billion in American manufactured While in America we reduce our investment mington, to her undergraduate work in history parts; in infrastructure, potholes on our highways at Howard University, where she received her China's recent $800 million aircraft order to proliferate, water pipes rust, bridges crumble, bachelor of arts degree, and ultimately her Boeing means hundreds of American jobs. A antiquated computers control the landings in work as a graduate student in social studies at high-ranking Chinese official publicly coined our crowded airports, passenger rail service Montclair State College, where she received the phrase ``If it ain't Boeing, I ain't going''; teeters near bankruptcy, and several of our her master of arts degree. She exemplifies the Over 100 McDonalds restaurants are ocean ports become clogged with silt, Asia is busy building for the future. importance of education. Dorothy is also a sprouting up in Beijing, using products from If we do not wake up and begin increasing member of numerous professional educational America and around the world; Shanghai has 20,000 major construction our investment in infrastructure, the shaking organizations, most notably the National Edu- projects underway, employing 6 million people, Earth that Napoleon predicted will be caused cation Association, the Paterson Principals As- including several United States firms, with 17 by an oriental bulldozer, burying us beneath sociation, and the National Council of Social percent of the world's construction cranes bus- its global path. Studies. ily clogging up the skyline, while 600,000 cel- f Her membership in organizations also ex- lular phones are in use by the city's 17 million THOMAS LEWIS RETIRES tends to many civic groups, the most note- people. worthy of which are the YWCA, where she Five major airports are under construction in was a former board member, and the NAACP, China and the $25 billion Three Gorges Dam HON. TIM HOLDEN OF PENNSYLVANIA where she serves as an elected member of project will become one of the wonders of our IN THE HOUSE OF REPRESENTATIVES the board of directors and chairperson of the modern world. While requiring the relocation of program committee for the Paterson branch. 1.3 million people and eliminating 116 square Tuesday, April 8, 1997 Dorothy is also a volunteer at Barnert Hos- miles of farmland, Three Gorges, now under Mr. HOLDEN. Mr. Speaker, I rise today to pital. construction, will harness the mighty flow of ask my colleagues to join me in paying tribute central China's Yangtze River, whose floods to a constituent of mine, Thomas L. Lewis. Mr. She has been recognized for her outstand- have already killed 500,000 Chinese in this Lewis is retiring this week after nearly 41 ing work and achievements by being be- century. Creating a 360-mile-long lake, it will years as an employee of American Home stowed upon with numerous awards and cita- be the largest hydroelectric power dam in the Foods and as a leader in the United Food and tions including the Calvary Baptist Christian world, generating 15 percent of China's elec- Commercial Workers, local 38 in Milton, PA. Education Award, the Paterson Arts Council's tricityÐover 18,000 megawatts of power, the Thomas Lewis began his career at Amer- Salute to Black Women Award, the NAACP equivalent of 15 Hoover Dams. The locks and ican Home Foods on September 24, 1956, Youth Citation, and the NAACP Outstanding flow control will open up the Yangtze to and was initiated into the local 38 leadership Teacher Award. ocean-going vessels, increasing water trans- as a union steward. He became the secretary- Dorothy is happily married to the Reverend portation by 40 million tons annually and re- treasurer of the union local in 1965. In 1970 Dr. Albert P. Rowe, pastor of Calvary Baptist ducing transportation costs on the Yangtze by Mr. Lewis began to serve as chief committee Church 30 percent. person, first shift, and continued in that posi- China's human rights violationsÐfrom the tion as well as secretary-treasurer until 1985 Mr. Speaker, I ask that you join me, our col- killing of hundreds of students in Tiananeman when he was elected to serve as president of leagues, Dorothy's husband, Reverend Rowe, Square in 1989 to present day curbs on free- the local 38 for the term beginning 1986. He their family and friends, Calvary Baptist dom of speechÐare to be deplored. But turn- was re-elected to serve as president for three Church, and the city of Paterson, in recogniz- ing our back on China will not make life in consecutive terms. ing the outstanding and invaluable service to China better. By pressing for reforms, within Thomas Lewis has also served on the the community of Dorothy C. Rowe. the context of a continuing relationship, we Pennsylvania AFL/CIO legislative and political E588 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 1997 committees as well as its fan committee, safe- ployees of the Internal Revenue Service [IRS] Limitations on asset seizures and levies. ty committee, and its job committee. He also who abuse their authority by maliciously and this section requires court approval to proceed served as the Pennsylvania AFL/CIO vice willfully disregarding the statutory procedures with any asset seizure and/or levy. president. established for collecting a tax. Limits accrual of interest. This section pre- Mr. Lewis has also served as the vice presi- Makes IRS agents accountable for their ac- vents interest from accruing on the penalty dent of the Central Labor Council and has tions. Current law shields IRS employees from added to a tax owed. been an active participant in contract negotia- holding personal liability for their actions, even Equal interest rates charged. Current law tions for American Home Foods and has also if their actions result in civil damages against gives the IRS an advantage over taxpayers by been instrumental in IUD coordinated bargain- the United States. Under this section: allowing it to charge a more favorable interest ing for health and welfare benefits for AFH In cases where the judgment is against the rate. Under this section, the interest rate union members. United States, a Federal judge will have the charged by the IRS will be the same as the in- When Thomas Lewis became a union mem- authority to assign a portion of the damages terest rate charged against the IRS in all ber, the union was known as the Amal- awarded and court costs incurred to the IRS cases. gamated Meat Cutters. They later merged with employee whose actions prompted the suit; Fairness for mathematical and clerical er- the Retail Clerks and changed the name of and rors. For mathematical and clerical errors, the union to what we now know as the United An IRS employee involved in such a court a.k.a. honest mistakes, the IRS is not required Food and Commercial Workers. proceeding may be represented by the United to follow the procedures of notification and col- Mr. Speaker, Thomas Lewis is a fine exam- States. However, these costs must be reim- lection provided for cases in which a tax is un- ple for all Americans because of his hard work bursed fully if the employee is found person- derpaid. Further, penalties and interest may and commitment. I would like to congratulate ally liable. be added to the tax underpaid in cases involv- him on all his accomplishments and wish him Protects the privacy of taxpayers. Current ing honest mistakes. great success in all his future endeavors. law makes it a crime to release tax returns or Under this section, the taxpayer would have f return information without proper authority. 60 days to either pay the tax or file an abate- Further, such actions may result in the per- ment request without incurring a penalty or in- TAXPAYER BILL OF RIGHTS II sonal liability of the Federal employee respon- terest accruing. However, should the 60-day sible. Under this section: period elapse without the taxpayer taking ei- HON. JENNIFER DUNN It will be a crime to willfully access without ther option, penalties and interest would be OF WASHINGTON proper authority a taxpayer's return or return owed in full. IN THE HOUSE OF REPRESENTATIVES information. This has been called file snoop- The honest American family works too hard ing; Tuesday, April 8, 1997 and too long to have to deal with unfair and Willfully accessing, without proper authority, oftentimes overly intrusive IRS agents who Ms. DUNN. Mr. Speaker, throughout my a taxpayer's return or return information can trample their rights. The IRS deserves closer tenure in Congress, I've heard from thousands result in personal liability; and scrutiny when it goes beyond acceptable en- of constituents who have described to me nu- The taxpayer will be notified upon discovery forcement procedures and commits outright in- merous problems they see with our system of that his return or return information has been timidation, or when it is unable to use ``com- taxation. A common theme has been the intru- improperly accessed. mon sense'' as a yardstick. This bill is part of sive nature of the Internal Revenue Service Limits on audits. Current law allows the IRS a continuing effort to ensure that an overzeal- [IRS]. Last year, the Congress enacted legisla- to audit an entityÐtaxpaying or tax exemptÐ ous Agency will no longer trample the rights of tion I cosponsored, called the Taxpayer Bill of for any reason, even if randomly selected. well-intentioned and law-abiding taxpayers. Rights II, to help taxpayers in their dealings This section requires that all audits be justi- f with the IRS. While I believe those necessary fied. Under this section: reforms were a good start, I believe we need Random audits are prohibited. Proof of rea- CHANG-LIN TIEN: PROMOTER OF to do more. sonable justification for the audit will be avail- CULTURE AND EDUCATION That's why I am introducing the IRS Ac- able to the taxpayer upon demand; countability Act in the U.S. House of Rep- Reauditing a return or return issue is prohib- HON. FORTNEY PETE STARK resentatives. This bill, whose companion has ited unless approved by court order in the OF CALIFORNIA been introduced by Senator PAUL course of investigating criminal activity; and IN THE HOUSE OF REPRESENTATIVES COVERDELLÐmy counterpart on the Senate The IRS will be limited to 3 years from the leadership teamÐin the U.S. Senate, is de- time a return is filed in which to conduct an Tuesday, April 8, 1997 signed to provide citizens greater tax fairness audit unless approved by court order in the Mr. STARK. Mr. Speaker, I rise today to and protections from IRS abuses. course of investigating criminal activity. recognize Chancellor Chang-Lin Tien of the The IRS Accountability Act is wide-ranging Extension of time to pay tax without penalty. University of California, Berkeley, who is being and deals with a number of faults within the All too often, the IRS itself is the most signifi- honored this month by the Oakland Chinese IRS that have recurred through discussions cant hurdle honest taxpayers must meet when Community Council for his leadership and with constituents, through testimony at hear- trying to resolve their tax bill. According to the contributions to the Oakland Asian community. ings from everyday Americans, and through Taxpayer Advocate for the IRS, one of the Chancellor Tien was born in China. He my tenure as a member of the tax-cutting most common complaints against the IRS is came to this country in 1956 and became a Ways and Means Committee. Wherever I trav- its failure to acknowledge taxpayer cor- naturalized citizen of the United States. Since el in the State or country, consistently con- respondence. coming to America, he has tirelessly worked to cerns are raised about the IRS. This Agency Delays, misinformation, and snafus by the broaden the democratic reach of education to operates too much on the belief that most tax- IRS all contribute to higher and higher pen- all groups of the community. payers are intending to cheat the Government. alties for taxpayers. Extending the period to 90 After becoming the first Asian-American to Granted, our Nation suffers under an unfair days before penalties may be applied will give head a major research university, Tien earned and incomprehensible Tax Code that takes too honest taxpayers some welcome relief. a reputation for being openminded, sensitive, much of what we earn. Even worse, some Preserving the integrity of judicial decisions and accessible. Determined to stay in touch rogue members of the organization respon- against the IRS. Often, the IRS will choose to with the needs of the campus population, Tien sible for enforcement of the Tax CodeÐthe nonacquiesce to a court's decision in which it frequently lectures to freshman classes and IRSÐhave a record of seeking to intimidate loses. As a result, it will pursue a subsequent continues to supervise graduate student re- and frighten honest, hard-working taxpayers. case against a different taxpayer under iden- search. Chancellor Tien's reputation as an ed- They also sully the reputation of honest peo- tical or similar circumstances. ucator and a scientist is remarkable. He is ple working at the Agency. We must not toler- This section grants a Federal court the au- internationally recognized for his research in ate a Tax Code that punishes families and we thority to dismiss a case of controversy involv- heat transfer technology and has received should not tolerate IRS agents eager to bully ing the IRS if it can be shown that a similar many awards including the Max Jakob Memo- and harass taxpayers. or identical case already has been decided rial Award, the highest international honor in Let me outline my proposal. The IRS Ac- within the court's jurisdiction or circuit. The pe- the field of heat transfer. countability Act: titioner must previously have exhausted rem- Tien has been a member of the National Criminalizes extortion tactics by an IRS edies available within the IRS before seeking Academy of Engineering since 1976 and is a agent. The Act criminalizes the actions of em- such court relief. fellow of the American Academy of Arts and April 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E589 Sciences. In the Oakland community, Chan- LA PROGRESIVA PRESBYTERIAN Manassas, Manassas Park, Occoquan, and cellor Tien pushed for education reform pro- SCHOOL 25TH YEAR ANNIVERSARY Quantico. There are five categories: The Gold grams for both primary and secondary Medal of Valor, the Silver Medal of Valor, the schools. As an active member of the Pacific HON. ILEANA ROS–LEHTINEN Bronze Medal of Valor, the Certificate of Valor, Council on International Policy and the U.S. OF FLORIDA and the Lifesaving Award. Committee for Economic Development, he IN THE HOUSE OF REPRESENTATIVES The Silver Medal of Valor is the second traveled the globe to promote the American highest award for bravery and heroism. values of democracy and freedom and to pur- Tuesday, April 8, 1997 Awarded in situations when a public safety of- sue greater communication between the East Ms. ROS±LEHTINEN. Mr. Speaker, I would ficial knowingly exposes himself/herself to and the West. like to recognize La Progresiva Presbyterian great personal risk in the performance of an After 7 years as chancellor, and over 38 School for its 25th school year anniversary. official act. years of service to the University of California, The Presbyterian school, La Progresiva, The Silver Medal of Valor Award winners for Chancellor Tien will relinquish his position by was founded in Cardenas, Cuba, by a North 1996 are: Technician Anthony J. Adamo, Offi- June 30, 1997. The service of this accom- American missionary named Dr. Robert L. cer Mark J. Harman, and Officer Craig S. plished educator and dedicated community Wharton on the 11th of November, 1900. On Lawhead. leader clearly sets an example for our entire that day, La Progresiva opened its doors with The Bronze Medal of Valor is awarded in community. only 14 students and with the reading of the situations where during the course of an emer- I joint the Oakland Chinese Community first book of Corinthians chapter. gency, a public safety official demonstrates Council in commending him on his decades of The school developed into one of the finest judgment, ingenuity, or performance at a level outstanding service to Oakland. educational establishments of Cuba, expand- that clearly exceeds that required and ex- ing its facilities to accommodate the increasing pected in the performance of his/her duties. f enrollment of students. Its growing reputation May include the saving of a life that is threat- as a fine center of learning, however, was put ened by medical or physical reasons. IN MEMORY OF ANN HARRIS to a stop in 1961 with the arrival of com- The Bronze Medal of Valor Award winner munism in the island. for 1996 is firefighter Brian Morton. HON. JAMES P. MORAN Communism was able to put an end to the The Certificate of Valor is awarded for acts material aspect of La Progresiva in Cardenas, that involve personal risk and/or demonstration OF VIRGINIA but it could never destroy the spirit and ideals of judgment, zeal, or ingenuity above what is IN THE HOUSE OF REPRESENTATIVES which still remained alive. So in September normally expected in the performance of du- Tuesday, April 8, 1997 1971, with the help of the First Spanish Pres- ties. byterian Church of Miami and the alumni of The Certificate of Valor Award winners for Mr. MORAN of Virginia. Mr. Speaker, I rise the old La Progresiva, the new Progresiva 1996 are: Officer Gene W. Baughan, Officer today to commemorate a young and vital opened its doors. It started with humble begin- Robert S. Berkebile, Sgt. Ronald M. member of the northern Virginia community nings in much the same way it predecessor Campione, Officer Randall L. Eagal, Lance whose life was tragically cut short by gun vio- had. Cpl. Joe L. Norman, and Officer Brian Walker. lence. Ann Harris' life was filled with promise. Like the old school, this new one grew in The Lifesaving Award is awarded in recogni- She came from a wonderful, devoted family; popularity and as a result of the increasing de- tion of acts taken in a life-threatening situation she was a varsity tennis and soccer player at mand for enrollment, La Progresiva added an- where an individual's life is in jeopardy, either Mount Vernon High School; a member of the other wing to its main building in 1978. The medically or physically. National Honor Society; and, she had just school continued its expansion adding more The Lifesaving Award winners for 1996 are: been accepted in the early admissions pro- classrooms to accommodate the demand for technician Scott Boggs, Officer Janet E. Clay- gram at Purdue University. Ann's natural admittance into the school. Along with growing ton, Lt. Raymond T. Colgan, Sgt. Robert E. vibrance and exuberance for life made her a in educational capacity, La Progresiva also Forker, Jr., Officer Steve Hargrave, technician very popular and outgoing young woman. A bettered itself in the athletic department, im- Vincent Kern, technician Tracey LaBass, Lt. former intern of mine, Jennifer Reiley, who proving over the years in its sports and, pres- Mike Lawson, technician Bryan Ross, emer- was one of Ann's best friends and soccer ently, plans are being discussed for a gym- gency communications specialist Catherine M. teammates described Ann as someone who nasium. Tremul, and S. Sgt. Michael S. Wesolowski. always looked on the bright side and helped The Progresiva spirit has prevailed through Mr. Speaker, in conclusion, I would like to others see the best in themselves. She said the years to produce a center of learning send my sincere gratitude and heartfelt appre- Ann was a natural leader, who knew when to which will stand long into the future and one ciation to these distinguished public servants, listen and when to lead. which makes all Progresivistas proud. who put their lives on the line every day on While on vacation in Washington State visit- On this, La Progresivas' 25th school year behalf of their fellow Virginians. ing a friend and former student at Mount Ver- anniversary, the school's motto is stronger f non High School, Ann, just 17 years old, was than ever: ``Una Vez de La Progresiva, fatally shot in a drive-by shooting. The Siempre de La Progresiva.'' ‘‘COMP TIME’’ BILL unprovoked attack has shocked northern Vir- f ginians and Tacoma, WA, residents, who can't HON. MARION BERRY believe such a senseless act of violence could HONORING THE PRINCE WILLIAM OF ARKANSAS COUNTY VALOR AWARD WINNERS happen in such a peaceful community. Ann's IN THE HOUSE OF REPRESENTATIVES parents, Coleman and Jean Harris, have been actively involved in every aspect of Ann's life: HON. THOMAS M. DAVIS Tuesday, April 8, 1997 Coleman Harris is currently president of the OF VIRGINIA Mr. BERRY. Mr. Speaker, I am a strong Parent-Teacher Association and Jean Harris is IN THE HOUSE OF REPRESENTATIVES supporter of working men and women, but not president of the Choral Boosters. Yet, for all of an advocate of intrusive Government regula- their involvement, they could not prevent the Tuesday, April 8, 1997 tions. When possible, I work toward finding a senseless act of violence that stripped them of Mr. DAVIS of Virginia. Mr. Speaker, I rise cooperative solution rather than a regulatory their talented young daughter. today to pay tribute to the 1996 Prince William one. It was on this basis that I voted against Mr. Speaker, the violence must stop. Con- Regional Chamber of Commerce and the the so-called comp time bill, H.R. 1. gress must act to ensure that guns are taken Prince William County Greater Manassas Although I support the concept of comptime, off the streets and out of the hands of reckless Chamber of Commerce Valor Award winners. as I learned more and more about the ways criminals who have no respect for human life. The Valor Awards honor public service officers this bill would meddle in the daily operation of Our efforts together can help prevent such who have demonstrated extreme self-sacrifice, businesses and would add another layer of needless tragedy in the future. As our commu- personal bravery, and ingenuity in the per- bureaucracy in the workplace, the less I liked nity mourns Ann's all too brief life and tragic formance of their duty. Significantly, this year it. At first, the President's proposal was an op- end, we must work to ensure that our children marks the 11th anniversary of the event hon- tion I considered, because I wanted to be sure can feel safe and that no other parents will oring members of law enforcement and fire that workers could feel confident in their ability have to endure the kind of suffering that Cole- and rescue agencies historically servicing to receive overtime pay. But as I said, this em- man and Jean Harris now endure. Prince William County, Dumfries, Haymarket, ployee protection came with a priceÐmore E590 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 1997 Government involvement in people's lives. yond'' is very well portrayed in Karianne have, to safeguard this democracy, the best More contentious labor relations is not condu- Bodenstein's entry. Karianne is deserving of form of government in the world. cive to productivity. Sometimes Government this honor and recognition for her efforts. It is f leaders need to have some faith in people to with pride that on behalf of my constituents, ALBERT C.M. WONG: IT’S BETTER work out solutions for themselves. We cannot we wish her continued success in her pursuit TO GIVE THAN RECEIVE be expected to, nor should we, mandate every of a career in physical therapy and teaching. aspect of life. ‘‘DEMOCRACY—ABOVE AND BEYOND’’ When it came down to making a decision, it The year is 1967. If they could just be some- HON. FORTNEY PETE STARK was suddenly clear. This bill was bound to be place else, anyplace else. If they could just OF CALIFORNIA a mess down the road. The National Labor rest. If only the rain would stop and they IN THE HOUSE OF REPRESENTATIVES Relations Board does not need any more could go home. They lie in the wet ground Tuesday, April 8, 1997 work, and this bill was going to give it to them. and they fight. No longer are they in the So I cast my vote against H.R. 1, and I hope spring time of their lives with their baseball Mr. STARK. Mr. Speaker, today I rise to pay caps, paper routes, spending their summers tribute to Albert C.M. Wong, a giving and self- that both employers and employees will see playing tag and swimming in the pond. They that I did it because I thought it was not in less servant of the Asian community of Oak- are American soldiers. They move forward, land, CA. This year, the Oakland Chinese their best interests. inch by bloody inch and despite all their I am hopeful that as this bill moves through longing for safety, comfort and relief they Community Council will honor Mr. Wong as a the legislative process, it will be changed to advance and fight some more. keynote speaker at its 29th Annual Fundrais- strike a more sensible balance between the Why would our soldiers sacrifice their lives ing dinner. needs of employees and employersÐwithout to die on foreign ground, away from family The OCCC is a multiservice agency which creating an unnecessary regulatory burden. and friends? Could it be their devotion to a has provided services to the Oakland Asian democracy that is truly above and beyond all f community since 1968. Over the years, OCCC other forms of government. A form of gov- has done much to help new immigrants reach ADA CATANIA’S 90TH BIRTHDAY ernment that instills in its citizens a com- their goals, and is best known for its outstand- CELEBRATION mitment so strong that no sacrifice is too great. ing employment services, training programs, Every year American mothers and fathers career referral programs, English instruction HON. BILL PASCRELL, JR. struggle to care for their children. Everyday classes, and voter registration programs. Mr. OF NEW JERSEY pressures press in and it seems that there is Wong has had a history of outstanding dedica- never enough time, never enough money, tion, generosity, and devotion to these pro- IN THE HOUSE OF REPRESENTATIVES never enough resources to get ahead. Hard grams and the Asian community in general. Tuesday, April 8, 1997 work and sacrifice are their companion. Albert C.M. Wong was born in Hong Kong, Mr. PASCRELL. Mr. Speaker, I would like to This year America’s farmers have endured and lived in China for 5 years. At the age of catastrophic floods, drought and economic bring to your attention the momentous occa- uncertainty to fill the country’s bread- 14 he moved to the United States and be- sion of the 90th birthday of Ada Catania, of basket. Head bare, face burned, hands throb- came a citizen. After working his way through Fair Lawn, NJ. bing with fatigue they fought to defeat the the public school system and Laney College at Ada was born on April 28, 1907, in Zurich, rising waters, to nourish the earth and to U.C. Berkeley, he successfully completed a Switzerland to Cesare and Bartolo Guidi. The keep the faith. chemistry degree from the University of Cali- second of four children, Ada's family included The nurse nurses the contagious, the fornia, San Francisco. her brother, Domenic, and two sisters, Louise handicapped, the incurable, while the teach- Mr. Wong's giving acts are testimony to his and Elvitia. In October 1913, her family emi- er teaches tolerance, forbearance and im- generosity. He has selflessly donated his time parts knowledge. The truck driver drives his grated from Switzerland to the United States, rig through the cities and towns of America. and services to the Oakland Asian Library and coming first to Paterson, NJ, before finally set- These committed Americans are caring for, the Asian Health Services. Mr. Wong also vol- tling in Fair Lawn in 1918. Even today, Ada educating and providing for America. These unteers as a pharmacy consultant for the lives in the house her father built in 1918. Americans know that the democracy they Hong Fook Adult Day Health Care Program, On June 28, 1925, Ada married Frank safeguard is above and beyond all other sponsored by the OCCC, and was instrumen- Catania in Blessed Sacrament Roman Catho- forms of government. tal in coordinating the annual senior luncheon lic Church, Paterson. She worked in the Silk I’m one of America’s youth and sometimes where he helped to serve a nutritional meal to City textile industry of Paterson and was a our country’s problems seem almost insur- more than 600 seniors. As vice president of mountable. I know that I cannot harvest proud union member of the ILGWU. Hard- from the past at a greater pace than I help the Lion's Club, he helped establish the Lion's working, Ada, along with Frank, still found the replenish for the future. I know that I must Club Annual Health Fair in Chinatown. He is necessary time to happily raise a family of four give and not just take and so I embrace the also looking forward to playing an active role children, Philomena, Jean, Eugene, and commitment of the soldier, the parent, the in the Mayor's Toy Drive for underprivileged Frank. Today, she can proudly boast of an ex- farmer, the teacher, all those who have in- children during the holidays. tended family including 9 grandchildren and 12 vested in my future and make their dili- Albert Wong is a premier example of the great-grandchildren. gence, determination and commitment my American spirit. Not only is Mr. Wong a great Mr. Speaker, I ask that you join me, our col- standard. citizen, but in giving back to the people of his The year is 1996. There is a couple in the leagues, Ada's family and friends, the borough winter of their lives following the path to community, he helps to fulfill dreams and of Fair Lawn, and the city of Paterson, in rec- the silent, black granite wall. They stop at make the realization of goals possible. We ognizing the momentous occasion of Ada panel twenty-two and he lifts his hand. He should honor and take note of Mr. Wong's Catania's 90th birthday. runs his fingers over the name etched in the special role in the accomplishments of the f cold stone. Their son’s name. She kneels and Oakland Asian community. places a worn-out baseball cap on the f NEVADA’S WINNING 1997 VFW ground. All around them are old soldiers ESSAY dressed in dull fatigues, business suits, on STATEMENT TO HONOR DR. SHIH-I crutches, canes and in wheel chairs. These PAI are Americans who have sacrificed to protect HON. JIM GIBBONS our democratic form of government. OF NEVADA As I look to the future, I have no doubt HON. BOB FRANKS IN THE HOUSE OF REPRESENTATIVES that our democratic form of government will OF NEW JERSEY survive and prosper and go on. You show me IN THE HOUSE OF REPRESENTATIVES Tuesday, April 8, 1997 another country standing so tall, being so Mr. GIBBONS. Mr. Speaker I would like to proud and having such imagination. Show Tuesday, April 8, 1997 submit as an extension of my remarks, for in- me another country whose people, whose Mr. FRANKS of New Jersey. Mr. Speaker, I beating, pounding heart is so caring and so clusion in the CONGRESSIONAL RECORD, the rise today to pay tribute to the memory of an willing to examine its own wounds. And following. This represents Nevada's winning when I hear those voices saying that Amer- outstanding individual, Dr. Shih-I Pai, the fa- audio-essay in the Veterans of Foreign Wars' ica is in its eleventh hour. I say no. All I ther of a dear friend of mine from the seventh 1997 Voice of Democracy Program Scholar- have to do is look to the sacrifices of my par- district of New Jersey, Mrs. Sue Pai Yang. ship competition. As you can see below, this ents, to the sacrifice of the soldier, the farm- For 45 years, Dr. Pai was a dedicated pro- year's theme, ``DemocracyÐAbove and Be- er, the shopkeeper and be willing, as they fessor at the University of Maryland. He was April 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E591 a pioneer in the field of aeronautical engineer- ship, the Grant Hill Basketball Tournament entitled, ``Anastasia's Story.'' This moving trib- ing, and one of the most distinguished and ac- and the Grant Hill chocolate bars. The basket- ute is a testament to Anastasia D. Kaptur, who claimed educators in the university's history. ball tournament benefits children's hospitals is called A Woman for all Seasons. His numerous scholarly achievements have nationally while the chocolate bars benefit the Mr. Speaker, I take pride in submitting been recognized the world over. These in- Technology 2000 Program at South Lakes ``Anastasia's Story'' for inclusion in the CON- clude 14 technical books and over 130 pa- high School. GRESSIONAL RECORD. I ask my colleagues to pers, honorary degrees from preeminent uni- INOVA Health System is named for its di- join me in expressing our deepest condo- versities throughout Europe and Asia, and a versity of programs involving the community lences to MARCY and members of her family. rating in the highest category of achievement including the mall walkers, ``Sneakers and ANASTASIA’S STORY by ``Who's Who.'' His prolific mind perpetually Speakers'' program, community health Celebration of Life Memorial Mass, Little broke new ground in the field of fluid dynamics screenings, partnership with Reston Interfaith, Flower Parish, March 24, 1997 and gas dynamics even while he was in his ``Life with Cancer'' program, and support of Anastasia ‘‘Cherie’’ Delores Mary Rogowska eighties. the Special Olympics. More than 200 INOVA Kaptur Dr. Pai made one of his most notable con- employees have volunteered their time for pro- Welcome to St. Theresa of the Little Flow- tributions to science and to society when he grams including Christmas in April, er Parish where our family has attended for 52 years. was in his late seventies. As a world expert in Volunteerfest, Safe Kids coalition, food drives, On behalf of my mother’s son and my biphase fluid flows, Dr. Pai played a major role Fairfax Fair, the International Children's Fes- brother, Steve, and the Kaptur and Rogowski in developing technology used to extinguish tival, the Reston Festival and the Northern Vir- families, especially our loving father Ste- the oil well fires that blazed in Kuwait during ginia Fine Arts Festival sponsored by GRACE. phen ‘‘Kappy’’ who was laid to rest 28 years the Persian Gulf war. His contributions were INOVA's president is Knox Singleton. ago, as well as mother’s mother and father, critical in helping reduce the environmental Carolyn Lavallee a chemistry teacher at Teofila and John, and her sister, Anna, her damage from these fires. South Lakes, was chosen for her commitment brothers Anthony and Stanley, all of whom Three years ago, Dr. Pai's children estab- to education and public service. Her involve- preceded her in death; her sister-in-law Es- lished the Shih-I Pai Lectureship at the Univer- ment covers a range of activities from leading ther Kalinska Rogowski; her niece and god- daughter Rose Ann Rogowska Koperski and sity of Maryland. Today, April 8, 1997, marks Girl Scouts, advising youth and coordinating her nephew John Rogowski; her cousins The- the day of the third annual lecture. It is the the wetlands project in conjunction with Res- resa and Joe Kaptur, and John and Rita Kap- first lecture since his passing, and will be the ton Association. tur, and their children and grandchildren; first delivered in his memory. I would therefore The Samway Family for their commitment to and her treasured friends, Mrs. Blanche like to join Dr. Pai's colleagues, students, cancer research. The family created the Kath- Zalipski, Mrs. Esther Dutkiewicz, Mrs. Sally friends, and family in honoring his memory on ryn Fox Samway Outback Steakhouse Memo- Zawierucha, and Mrs. Connie (Corrie) this day. Let us acknowledge and celebrate rial Golf Tournament which, in the past 4 Dutched—all of us wish to extend deepest the contributions of a man who was so unself- years, has raised close to $1 million donated gratitude to you, our friends, for your com- passion and for making the effort to cele- ishly dedicated to helping humankind. to Fairfax Hospital, National Cancer Institute, brate the life of our most beloved mother f and the Dana-Farber Cancer Institute. Anastasia ‘‘Cherie’’ Delores Mary Rogowska Thomas Wilkins for being a ``man of all sea- Kaptur. We wish also to express the sincerest HONORING THE BEST OF RESTON sons'' having served as the president of the thanks to the doctors, nurses, and support AWARD WINNERS FOR 1997 Reston Association [RA], active in Meals-On- staff at every level at St. Vincent’s Medical Wheels, offering services as a tutor in public Center, especially Dr. Ward Taylor, Drs. A. HON. THOMAS M. DAVIS schools, served on the Stonegate Advisory Zacharias and Thomas Schwann, and Drs. Phillip Horowitz and Allen Markowicz. Our OF VIRGINIA Board, assisted children attending college, and family is also indebted to Mr. H. Ross Perot IN THE HOUSE OF REPRESENTATIVES served as a founding board member for the and the gifted doctors at the Southwestern Tuesday, April 8, 1997 Medical Care for Children Partnership. Medical Center in Dallas, Dr. Gene Frenkel Constance L. Pettinger is awarded the Dis- who made the longest house call in the Mr. DAVIS of Virginia. Mr. Speaker, it gives tinguished Community Service Award for 15 world, and Dr. A. Harold Urschell. Finally, me great pleasure to rise today to pay tribute years at Reston Interfaith. we cannot express our appreciation ade- to the individuals and businesses who are this Mr. Speaker, I know my colleagues join me quately to the saintly nurses of Hospice of years winners of the Best of Reston Awards. in honoring the Best of Reston Award winners Northwest Ohio who treated our mother with The Best of Reston Community Service Award for all of their hard work in making their com- the tenderest and most humane care. For us, her children, mother’s loss is pro- was created to recognize companies, organi- munity a better place to live. zations and individuals who have made out- found, beyond measure. We know God has f blessed our family by affording us the privi- standing contributions to community service, lege and honor to know and love this heroic and/or who have improved the lives of people ANASTASIA’S STORY: A SPECIAL woman for half a century. We admire her to- in need in Reston, VA. TRIBUTE TO ANASTASIA D. KAP- tally. Our love and respect for her has grown Blooms Flowershop for continuous and gen- TUR more with each passing day. We shall never erous support to the community including know a more loving, unselfish, nor coura- sponsoring the ``Random Act of Kindness'' day HON. LOUIS STOKES geous human being. Somehow it is mystical that this service is being held at a time when where thousands of roses were distributed OF OHIO throughout the community. Blooms also pro- seasons are converging, as spring dawns in IN THE HOUSE OF REPRESENTATIVES this season of new life. Within the last week, vides arrangements to the elderly and to non- Tuesday, April 8, 1997 we have experienced freezing rain, bright profit groups for events. Owners Karen sunlight with blue skies, winter snowfalls, Weinberg and Gail Dobberfuhl will receive the Mr. STOKES. Mr. Speaker, on March 20, blustery winds, and spring rains. The geese award on behalf of the business. 1997, our colleague from Ohio, Congress- and birds are returning, and there is a new Lawrence Cohn owner of Lakeside Phar- woman MARCY KAPTUR, suffered the loss of moon. We believe this is nature’s way of wel- macy, who for 25 years, has reached out to her mother, Anastasia D. Kaptur. Many of us coming our mother. those in need. Typical of an old-fashioned realize that the loss of a mother can be ex- My brother and I also must beg our moth- pharmacy, Cohn provides a friendly ear, ad- tremely heartbreaking. Our thoughts and pray- er’s forgiveness. Because, you see, she chose to be a very private person—a woman of vice, and encouragement to his customers. ers go out to MARCY and members of her fam- deepest humility. She sought no fanfare nor Rising above the call of duty, Cohn has ad- ily as they move through this difficult period of acknowledgement. She would have been ministered eye drops to those unable to do so mourning. quite uncomfortable with the attention for themselves, delivered medicine, supplied On March 24, 1997, MARCY and her family being directed her way today. But we groceries at the pharmacy, provided jobs for gathered at St. Theresa of the Little Flower couldn’t fathom how to avoid this occasion teenagers, and given prescriptions to those at Parish for a celebration of life memorial mass of the celebration of her life. the Embry Rucker Shelter. in honor of her mother. Friends joined the We would wish for each of you to have in your life the gift of Anastasia—love con- Grant Hill of the Detroit Pistons basketball Kaptur family in reflecting upon the life of stantly and freely bestowed, as she has given team. Hill is a role model to young Restonians Anastasia Kaptur, who was a courageous us for five decades. She has been our life-long on and off the court. He is involved in several human being and a very remarkable woman. partner in all adventures, large and small, projects benefiting others. These projects in- To celebrate their mother's life, MARCY and and our most ardent supporter—whether it clude the Medical Care for Children Partner- her brother, Steve, prepared a special tribute was working with my brother on his latest E592 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 1997 patented invention or on his race car—lit- that also took in boarders to make extra along with dad’s fresh and smoked Polish erally, she sat behind the wheel revving the cash. Her father, always the last hired and sausage, veal loaf, pickled herring, and lots engine while he tinkered under the hood. She the first fired, could not keep steady work so more. But due to her husband’s illness, the acted as my chief political confidante, in- her mother cooked, washed clothes, did iron- family was forced to sell the store at dec- spiring me always, as well as touching citi- ing—anything—to earn cash, and also la- ade’s end, and dad went to work at Kaiser zens across this district and nation. Her love bored at Miller’s Greenhouse picking toma- Jeep to assure the family income and health for her children could not be contained. toes, then in the kitchen at the Commodore benefits. He retired from there in 1968. Mom Make no mistake about her resolve. She Perry, then at Kuhlmann’s Potato Chips, and worked at a number of part-time jobs to sup- was a rugged individualist. In an age of ma- at Industrial Belt company on Summit—but plement the family income, with their terialism, she countered the tide. She cov- like her husband always at the bottom of the daughter in college and their son in high eted no bauble. She preferred ‘‘making’’ to seniority list. Her treasured and only sister, school—Daso Bakery, Mareks’ Supermarket, ‘‘buying.’’ In an age of television, she re- Anna, one year older than mom, died trag- cleaning physicians’ offices, and even pet-sit- mained a literary woman of the written ically at age 17 of leakage of the heart, an ting. word, known for her independent thought event that remained deeply poignant to our She continued working after she was wid- and resistance to commercialized brain mother throughout her years. Mom became owed in 1969. washing. In an age of mega mergers and face- the oldest surviving child. At age 16, she During the 1970’s, with her children grown, less bureaucracies, she supported the small hired on at Dean’s Confectionery across from and after receiving her first Social Security family businesses—Bayer’s Hardware, St. Anthony’s school for $5.00 per week. check, Anastasia pursued the life-long dream Wolfert and Sofo’s Markets, Brodbeck’s Many times that was all her family had to she had placed on hold while she helped ev- Greenhouse. We can still see her each spring live on. At 18, she worked at Liberty Lunch eryone else—completing her high school edu- in that greenhouse, negotiating down all the for $8 a week, and then at Broadway Bar-B- cation and advancing her own formal edu- aisles, appreciating the vast display of acres Que for $11.75 a week. The minimum wage cation. She received her high school certifi- of flowers under glass, and leaving with car- law was passed at that time, but her boss cation of graduation from the State of Ohio loads of petunias and other sundry selec- made her sign her check, then he cashed it, in 1975, and passed with flying colors. She tions, along with trunkloads of potting soil. and she was still paid only $8 a week. One also enrolled in Russian courses at the Uni- In an age of shallow commitments, her word day a lady came in looking for people to versity of Toledo, took painting courses at and her life remain as true as the North work at Kresge’s downtown, where mom be- the Toledo Museum of Art, polished her Star. For us, she remains ageless, a woman came employed, earning $14.50 a week. knowledge of the Polish language from books for all seasons. When she was in her early 20’s, she landed and letter-writing, honing those skills for Our mother’s life symbolizes triumph over ad- a job at the Champion Spark Plug Company decades by writing relatives in Poland and versity, the story of a woman from the working in Toledo where she had applied at the em- the Ukraine. She became the best ‘‘Friend of classes who never yielded. Let us tell you ployment office every day for one year. She the Library,’’ faithfully checking out 10–20 Anastasia’s story . . . never missed a day of work between any of books each month. And the reading list was Mother was born in Toledo to Polish peas- her jobs. Here, her weekly wage rose to $40 a not light—Halberstam, Updike, McCollough, ant immigrant parents who had journeyed to week. She worked the production line at Grisham, Elements of Style, Raven’s Wing, America in 1912 before World War I from a plug tamping where she was paid based on The Recycled Citizen, The Reckoning, Brand tiny village in Burtyn, Ukraine, at the nexus her output and she always did the maximum Fires on the Ridge. History. Travel. Adven- of the Polish and Ukrainian borders. Her fa- number each day. It was at Champion that ture. Geography. Fiction. Mysteries. Mom ther was a forester and her mother a peasant she was elected to the Charter Committee of often used the expression ‘‘thirst for knowl- girl of 17 years. They suffered the abuse of the Local 12 United Auto Workers Trade edge.’’ And, she certainly possessed it. She making the month long journey to America Union that was forming. She summarized for was self-taught in so many facets, cultivated in steerage class in the bottom of a ship that her children why she helped form the union— a stellar vocabulary on a daily basis, and was left from Rotterdam and disembarked at ‘‘primarily to assure seniority rights of em- a life-long learner. Ellis Island in New York. They sought to im- ployment so you couldn’t be fired because She began to travel extensively with her prove their lot by working to earn enough the supervisor brought family member to re- children—throughout the United States, and money to buy farmland in their native coun- place you. A bidding system was established the world. Her deep interest in geography en- try where they had been forced off the land so any open job was put up on the board so livened at every turn. Niagara Falls, British as land was collectivized and they could no the one with the most seniority got the job Columbia, New Orleans, Miami, Montreal, longer graze their cows. But the Russian if qualified. Discrimination was outlawed so Vermont, Maine, Pennsylvania, Indiana, Chi- Revolution intervened, then World War I, the foreman could no longer put his pets or cago, New York, California, Oregon, the and mother’s parents were cut off from their relatives on the best job. The right to ask for Upper and Lower Peninsulas in Michigan, relatives, never able to return home. a pay raise was assured through negotiation Germany, France, Czechoslovakia, Hungary, Our mother was the second-born of their and the right to strike granted to employees. Poland, the Ukraine, even when the Iron four children—Anna, Anastasia, Anthony, Leaves for illness were granted so people Curtain made travel difficult . . . Mexico, and Stanley. She was nicknamed ‘‘Cherie’’ in wouldn’t be fired if a doctor’s certification Toronto . . . Her most memorable trip in- a childhood game they invented in which was provided. Bathroom privileges were al- volved discovering the village of her mother they renamed one another—Al, Cherie, Fritz, lowed for personal contingencies. Three and father, hidden inside the western and Skip. months leave was allowed for pregnancy. Ukraine, placing flowers on the graves of her Mother grew up during the Depression ut- Layoffs would occur according to seniority. grandmothers, and learning of their fates— terly poor from a financial standpoint. That And a grievance procedure was established to one starved to death during Lenin’s drive to searing memory of bitter poverty would re- curb harassment by mean foremen.’’ squelch peasant rebellion in the countryside, main with her throughout her life. This was Elected union Secretary, Mom gained re- and the other shot together with her grand- a time in America before our social safety spect by both company and union members children for refusing to divulge the where- net laws were in place. In her early years, for her knowledge of the bidding system, her abouts of a grandson being sought for con- the family moved at least eight times—al- ability to handle grievances, and her de- scription into the Russian army. While ways renters, never owners—from Belmont tailed grasp of the labor contract. there, mom discovered a grove of full grown Avenue, to Avondale, to Vance, to Pulaski, On November 26, 1938, at 9:00 A.M. at St. trees at the opening to the village, planted to Lucas, to Montrose, to Blum, to Pine- Teresa’s Church, she married our happy go- by her mother before she departed for Amer- wood. And with those moves, she was forced lucky, wonderful father Stephen or ica. While there, she also found her mother’s to change elementary schools and disrupt ‘‘Kappy’’—a produce man and truck driver. brother, Casimer, the sole surviving son who those tender learning years—from Indiana He came from an even larger family where had been placed in Siberian concentration School, to Pickett, to St. Teresa where she his mother had 16 children, though many did camps for 20 years by Joseph Stalin. It was made her Communion and Confirmation, to not survive the illnesses of that period. They an unforgettable journey as the blanks of 63 Hoag School. At age 13, mom was already lived with mom’s family for awhile but then, years of family history were filled in. working to support her family. She would together in 1945, they bought a small home Mother is most at home in the outdoors rise at 4:30 a.m., take two buses across town in Reynolds Corners in Adams Township, to- with nature, and in her gardens. She advised in Toledo to babysit and also clean houses tally retrofitted it, landscaped the property, ‘‘everything in life must have a center, just for her teachers, as well as wealthier people waterproofed the outside walls, handstripped like the universe, or a flower, or a family.’’ in Toledo. She herself later would write: the woodwork. While they were at it, they She could grow anything—certainly chil- ‘‘Being a child of depression, making $5 a gave birth to two children, their daughter dren. But also animals—dogs, ducks, rabbits, week, my father out of work for years, my Marcia Carolyn in 1946, and their son Ste- birds, squirrels, crescendos of plants and sister dying, no money at all. No hope at all. phen Jacob in 1952. Mom left her job at flowers, roses by the thousands, flowers of My two children know the history.’’ Champion when Steve was born. all varieties—the usual ones like marigolds Though highly gifted academically and an In 1952, mom and dad opened their own and sweet peas. But more often the unusual all-A student in the 7th and 8th grades, she family meat market and grocery called Su- and rare ones—moon flowers, balloon flow- was forced to drop out of Libbey High School preme Market in Rossford, Ohio on Dixie ers, lupines, tulips, foxglove, columbine. Her to work as a waitress to bring home a few Highway across from the Libbey Glass Plant. own potatoes, planted lovingly each year, dollars a week to help the struggling family Cherie’s homemade pies were sold there, were harvested for a special meal. And her April 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E593 evergreens and spruces, grown from shoots There is no way to say thank you suffi- During our visit, which included meetings or small seeds, all came to have symbolic ciently, mother. We love you beyond life and with Haitian government, U.S. State, A.I.D., value in our yard like the large blue spruce time itself. May eternal rest be granted unto and Department of Justice representatives, on our front lawn, planted the first year she you and may perpetual light shine upon you. Haitian business sector and the inter- had both a son and a daughter. If by a loving Your profoundly grateful son and daugh- national donor community, STAFFDEL had act of nature, that tree over the years has ter, the extraordinary opportunity to spend one sprouted two tops. STEVE AND MARCY. hour with Haitian President Rene Preval to Always, she was beautiful, so delicate and discuss the state of affairs in his country. To be established in Memory of our Moth- tiny physically, with the clearest blue eyes er’s Life: ‘‘The Anastasia Fund’’ (to be for- GENERAL OBSERVATIONS my brother and I had ever seen, and flawless mally incorporated as the Anastasia Although our time-in-country was limited, skin, rarely wearing makeup. Natural. She Swiecicki Rogowska Kaptur Fund) dedicated it became obvious to STAFFDEL that the wore her hair like no other person we ever for the adoption, education and medical care challenges facing the Government of Haiti met. Distinctive. She wore hats and clothing (GOH) are enormous. Progress to date on she crafted herself. She loved to dance, espe- of children from the newly democratizing na- tions of Eastern and Central Europe begin- some fronts has, at best, been steady if slow cially polkas in both clockwise and counter- and almost negligible on others. The recon- clockwise directions. She had a flair, wheth- ning with Burtyn, Ukraine, the ancestral home of her parents. struction of Haiti into a viable democracy er it was the way she held a napkin, or plant- with strong institutions and a commitment ed a garden, or signed her name. Contributions may be forwarded to: ‘‘The Anastasia Fund’’, c/o Toledo Community to the rule of law is progressing and can be She was always usefully occupied and her achieved within the next few years, but a vi- project list never ended. She built furniture, Foundation, 608 Madison Avenue, Suite 1540, Toledo, Ohio 43604–1151. brant, self-sustaining economy may not be designed and sewed clothing, painted oil achievable in the short-term, even with the f sketches, landscaped, wrote newsy personal privatization goals under discussion at this letters, baked, did masonry. She enjoyed HAITI—AN UPDATE time. people, one at a time, and took a personal in- In any event, the ability of the GOH to terest in each person’s story. When she fin- achieve even a modest amount of success in ished a conversation, it was likely the person HON. ELTON GALLEGLY the short-term will largely be dependent on had told her much more about him or herself OF CALIFORNIA continued political stability, a steady pace than they ever knew about mom. The first IN THE HOUSE OF REPRESENTATIVES of reform by the government and a continued day she was admitted to the hospital for commitment of financial and technical as- tests, a nurse came up to her and said she Tuesday, April 8, 1997 sistance from the international community, was going to take extra good care of her be- Mr. GALLEGLY. Mr. Speaker, as chairman including the United States. cause when the nurse’s husband was a little of the Western Hemisphere Subcommittee I STAFFDEL was encouraged by President boy, he was mom’s paper boy and mom al- Preval’s continued commitment to rebuild ways invited him in and fed him cookies. directed my subcommittee staff director to Haiti in accordance with the economic plan She would refer to people she truly ad- travel to Haiti during the recent district work he presented upon his inauguration despite mired as the ‘‘salt of the earth.’’ Indeed, that period to observe first hand the political, eco- the many challenges he has had to confront, epitomizes her. And she would remind us the nomic, and social situation in that country. including on-going political unrest, the occa- ‘‘strongest steel goes through the hottest As the House knows, the United States, in sional outburst of crime and lawlessness, dif- fire.’’ And she has. She always prayed for partnership with the international community, fering levels of commitment among some of others’ physical, mental, moral, and spir- is trying to help that nation recover from years his own Ministers, the lack of adequately itual strength. But, she possessed them all. trained human resources and the March 26 She walked toward physical death with full of dictatorial rule, domestic intimidation, mur- attempt to force a vote of no-confidence knowledge, her shoulders straight, trying to ders and political harassment, human rights against his Prime Minister, Mr. Rosny bolster us, with her eyes fixed on the hori- abuses, and economic chaos. Smarth. zon. She never flinched once. She never com- For a little over a year now, the government STAFFDEL would also make the following plained. She accepted. And, her spirit tri- of President Preval has been trying to make specific observations. umphed. I only wish we could reveal to you progress on many fronts from democratization DEMOCRACY AND CIVIC PARTICIPATION the depths of her courage. She taught us how to the restoration of law and order to eco- Although not fully understood or appre- to live, and she showed us how to die. nomic development and open markets. His ef- ciated by many Haitians, the democratiza- We are grateful to God for granting us the tion of the country, while still fragile, seems time to say goodbye. Never have we known a forts are daunting. And while well intentioned and pointed in the right direction, his initiatives to be taking hold. Over the past two years, person of such goodness. She would caution Haitians have gone to the polls five times us ‘‘Never give anything with the idea of get- have not progressed very far and in many in- and will vote again on April 6. In general, ting something in return.’’ She was com- stances are being opposed by forces within Haitians equate democracy with the freedom pletely selfless. In knowing her, we came to that country who do not want him to succeed. to speak on any subject and to openly criti- know the full meaning of the words—love, The United States has committed to help cize the government, a new found experience truth, beauty, unselfishness, humility, wis- Haiti in this reconstruction effort. We all knew which many have taken full advantage of. dom, generosity, grace, refinement, ingenu- Events such as the March 26 debate in the ity, perseverance, serenity, and courage. For this would not be easy and would not happen over night. The staff's observations bear that Parliament over the state of affairs in Haiti, those of you who wonder why she didn’t con- in reaction to a call for a vote of ‘‘no con- fide in you these last several months, please fact out. I am submitting a summary of their fidence’’ against the Prime Minister, was un- know she was protecting you, not wanting observations for the RECORD. A more detailed precedented. you to worry. She was always thinking of report has been submitted to the International However, many in the country blame the the other person. Relations Committee and is available from the democratization process for the rise in crime If you ever looked into her sparkling eyes, Western Hemisphere Subcommittee for the and violence and the inability of the govern- or shook her hand, you knew you met some- Members. ment to create jobs. And, the government one of substantial character and abiding vir- does not appear to be doing an adequate job MEMORANDUM—APRIL 7, 1997 tue. In the heavens, some stars emanate a educating the general population as to how pure light, so full, constant and strong, they To: Chairman, Western Hemisphere Sub- they can effectively participate in the proc- quietly draw the gaze of earthly creatures, committee; and Ranking Member, West- ess. Civic education is very low and the lack large and small, to their wondrous, serene ern Hemisphere Subcommittee of political participation, overshadowed by lustre. They usher in the night and the day. From: Vince Morelli, Subcommittee Staff other concerns, is reflected in things such as In their light, sojourners never lose their Director; David Adams, Subcommittee low voter turnout and politicians with little way, never fall, never tire, and are never Democratic Professional Staff; and Denis political base. alone. McDonough, Full Committee Democratic While STAFFDEL was in Haiti, final prep- In her memory, our family will establish Professional Staff arations were being made for the Senatorial ‘‘The Anastasia Fund’’ (to be formally incor- Re: Report of STAFFDEL to Haiti (9 seats) and local assembly elections. These porated as the Anastasia Swiecicki During the period March 24 through March elections were scheduled for April 6. Rep- Rogowska Kaptur Fund) for the adoption, 26 we visited the Republic of Haiti as part of resentatives from the International Repub- education, and medical care of children from the Committee’s oversight responsibilities lican Institute (IRI) and the National Demo- the newly democratizing nations of Eastern for the Hemisphere. The purpose of the cratic Institute (NDI) who are monitoring and Central Europe, beginning with Burtyn, STAFFDEL was to gain a first-hand account the elections believed that these elections Ukraine, the ancestral home of her parents. of the political and socio-economic situation would be competitive only in a limited way Mother would say, ‘‘goodness never dies.’’ in country and the progress to date on the since some parties were boycotting them and May this fund honor her memory, that of her reconstruction of the nation. The because many voters were simply disin- mother and father, and their mothers and fa- STAFFDEL was hosted by U.S. Embassy, terested in yet another election which they thers as we move to a 21st century that of- Port Au Prince, which is headed by Ambas- saw as meaning little for their current situa- fers hope in the most forgotten places. sador William Swing. tion. However, observers were concerned E594 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 1997 about the low level of interest in the elec- What there is is inefficient and often cor- ing from ‘‘shiprider’’ agreements with the tions and, particularly, that these would be rupt. Training programs for judges, lawyers, U.S. Coast Guard to more strict enforcement the first elections where security would not and courts are underway supported by the of cargo reporting and accounting, to a more be provided by the international community. U.S. Department of Justice. But a smooth effective, corruption-free, collection of du- As a result there were no security arrange- running, competent system is years away. ties. ments in place as of our visit. Interlocutors Until then, the efforts of the police to inves- OUTLOOK noted that while there had been no outright tigate crimes and put criminals away will be Despite the recent spate of unrest and vio- political violence they described ‘‘gun play’’ severely undermined. lence, which appears to be somewhat over and ‘‘burning tires’’ as intimidating events An even bigger test of the security system dramatized in the press, it was STAFFDEL’s and feared that the lack of security would could come as early as July when the United assessment that Haiti was heading in the simply cause people to stay home. Nations mandate expires. If the U.N. secu- right direction, if slowly. Although Ambas- Addendum: the April 6 elections were held, rity force, which today numbers 1,300 uni- sador Swing likes to say that ‘‘everything in apparently without serious incident, or voter formed troops, is withdrawn, the HNP could Haiti is broken’’, the most severe problem participation. It would appear that on aver- be strained to its limits. In our discussions facing President Preval, and the most dif- age only about 15% of the voting population with various officials, it became clear that ficult to address is the inability of the econ- went to the polls. This was disappointing but the U.N. security presence should be retained omy to create jobs. This alone is the issue not totally unexpected. in Haiti until at least the end of July, if not which creates the climate of unrest. To do GOVERNMENT longer, in order to give the HNP more time this, however, the domestic private sector The government, as defined through the to prepare. and the international investment commu- personality of President Preval still seems to ECONOMY nity have to be convinced that they can turn enjoy the support of the majority of Hai- In general, the Haitian economy is in a a profitable business while operating in a tians. The President seems sincerely com- state of shambles. On the positive side, the safe environment. The law and order issue is mitted to rebuilding Haiti through tough economy is showing some progress in that being addressed as fast as it can by produc- economic reform programs, including privat- inflation is being brought under control, the ing a professional police force. However, not ization, civil service reform, and law and local currency, the gourde, is being sta- every crime will be solved on a timely basis order. Other parts of the government, how- bilized and budget expenditures are being nor will every criminal be put in jail until ever, seem to function at various levels of tightened. On the other hand, jobs are not enough well trained policemen are put on the commitment and competence. While some being created and important infrastructure beat and until a more responsive judicial Ministers are considered supporters of improvements in roads, electricity and the system comes on line. former President Aristide and do not en- port are at a standstill. In some cases, such Civil service reform legislation has been tirely subscribe to the current government’s as in the privatization of the major utilities passed but not yet enacted so the govern- direction, others are doing their best with and the seaport, political opposition by the ment’s plan to downsize will continue slow- little resources and a dearth of experienced anti-economic reformers and the anticipated ly. But until economic reforms take hold, as technical managers. This has resulted in lit- job loss among the civil service, provide the symbolized by the privatization effort, large tle progress in areas such as civil service major impediment. In cases such as road private sector jobs programs will not be downsizing and infrastructure development. construction and improvement, the lack of forthcoming. Privatization of the flour mill, Parliament on the other hand seems to get qualified government contract managers and cement factory and airport could be accom- mixed reviews primarily because the concept skilled contractors, not money, is the prob- plished by the end of the summer but none of of a deliberative legislative body, sharing lem. With few exceptions, the Haitian pri- these will produce large numbers of new jobs. the decision-making power of governing, is vate sector has been reluctant to invest And even though government officials like so new. The legislators we met seemed to be within the country because of their uncer- to point out that the majority of the Haitian committed to the task of rebuilding the tainty over the long-term political stability people would not care who owned or operated these companies as long as they had elec- country and enthusiastic about their role, of the government and its commitment to tricity and could make a phone call anytime, even if they seemed somewhat unsure of reform. The international investment com- there is enough political opposition, opposi- their actual level of authority. However, di- munity is waiting to see the results of the tion which President Preval seems unable or visions within the Lavalas political organi- first wave of privatization as well as the unwilling to overcome, to make this a slow zation, namely between the pro-Preval and commitment of the Haitian private sector. pro-Aristide wings which dominate the Par- process. The international lending community is pre- Finally, there is the ‘‘Aristide’’ factor. Al- liament, has resulted in a period of legisla- pared to provide some $1.5 billion in assist- tive paralysis especially with respect to key though the former President has not come ance if the Haitian government continues to out forcefully in opposition to the current issues such as passing a budget which is initiate political and economic reforms in a seven months overdue and reconciling two direction of the government being promoted timely manner. by President Preval, Aristide’s former Prime different versions of civil service reform. The While STAFFDEL agreed that privatiza- April 6 elections could be good news for Minister, there is speculation that Aristide tion was an important barometer of the GOH is working behind the scenes to sabotage the former President Aristide and bad news for commitment to economic reform, the impor- President Preval. Senators elected under the more ambitious plans of the government. It tance of this process and the timetable for is known that Aristide is contemplating a Lavalas Family banner could well control its accomplishment may be over emphasized. political comeback by running for President the legislature and could prevent serious re- Privatizing closed facilities such as the flour in five years when Preval’s term expires. So forms from taking place. mill and cement factory, while important as not to lose public support as Haiti moves LAW AND ORDER symbolically, at best would create only a few forward toward reconstruction, many believe Violence remains a serious and recurring jobs. The more important facilities such as that Aristide is encouraging the gang vio- problem. However, most of this seems per- the telephone and electric companies will lence in the urban centers, especially in the petrated largely by rival gangs seeking take much longer to accomplish for a whole Cite Soleil section where a strong base of his dominance in an area or as a result of politi- variety of reasons including the fear of for- support is located. Many also believe he is cal infighting largely among the various fac- eign ownership of Haiti’s important assets orchestrating the political violence among tions of the Lavalas political movement. De- since the Haitian private sector is not likely the factions of the Lavalas political move- spite the occasional acts of violence, the es- to be able to raise the necessary capital to ment and it is well known that he is opposed tablishment of public security seems to be buy these operations. While this process to privatization and has advised his followers on the right track. This growing sense of law must be encouraged to proceed as expedi- in the government, now stronger as a result and order has been due in large part to the tiously as possible, it will not solve Haiti’s of the recent elections, to deliberately drag slowly emerging professionalism of the Hai- economic problems and cannot be done over- their feet on these reforms. tian National Police (HNP). Just over one night as some have suggested. Even the goal The question of Aristide’s influence and year old, the HNP has been getting better at of March 1998 for the privatization of all nine the kinds of force he can bring to bear on the its job of policing despite the fact that their public enterprises, given where they are now, direction of the country is still a matter of training is minimal and that they lack ade- seems ambitious. In the interim, there are debate. But the fact that President Preval, quate equipment such as armament, commu- some more visible reforms which could be knowing who among his own Ministers op- nications and transportation. Weaknesses achieved which would reaffirm the govern- pose his policies, is moving slowly with re- still exist in the area of mid-level manage- ment’s commitment and which would bring spect to their removal and replacement, is ment and investigative techniques. Overall, revenues into the treasury. Most important an acknowledgment that Aristide’s power is however, the commitment of Secretary of of these would be reforms at the port, and es- respected. Similarly, certain members of the State for State Security, Robert Manuel and pecially of the customs department. Loss of Parliament, unsure of the future political HNP Director General, Pierre Denize, to revenue among imports of basic staples such landscape, display a reluctance to be more build a truly professional policy force was as rice and cooking oil are well known. aggressive toward reform. encouraging. Smuggling of these commodities is growing, STAFFDEL concluded that President Complicating the law and order process is representing a significant loss of revenue for Preval has chartered the right course for the simple fact that a professional and capa- the GOH. It would not take must effort to Haiti even if, at times, he seems to be some- ble justice system simply does not exist. address this problem through measures rang- what reluctant to make all the necessary April 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E595 moves to traverse that course with all speed. WORKING FAMILIES FLEXIBILITY pay. But employees get their compensation as The rebuilding of Haiti into a viable democ- ACT OF 1997 overtime pay in the next paycheckÐnot a racy with a strong rule of law and a vibrant week later or a month later, when it is conven- economy will not be easy and certainly will SPEECH OF ient for the employer. take time. However, if the economy does not HON. MATTHEW G. MARTINEZ During the markup, it greatly concerned me show signs of expanding, political unrest will that Members on the other side of the aisle re- rise. This slow pace could lead to a new wave OF CALIFORNIA ferred to comptime as a benefit. Comptime is of violence designed to undermine confidence IN THE HOUSE OF REPRESENTATIVES in the Preval government and its policies. compensation for time that the employee has Wednesday, March 19, 1997 Any major law and order problem will have worked. The employee has a right to that negative consequences for Haiti’s stability The House in Committee of the Whole compensationÐit is not something that the and could throw Haiti back into a period of House on the State of the Union had under employer should have the power to delay or to paralysis, upheaval and possible anarchy. consideration the bill (H.R. 1) to amend the alter. Fair Labor Standards Act of 1938 to provide Lastly, we would be remiss if we failed to Many workers in my district need that over- compensatory time for employees in the pri- acknowledge the hospitality, hard work and time payÐthey count on it being in every pay- vate sector: cooperation of the U.S. Embassy in Port-au- check. Comptime will not help them keep a Prince. Ambassador Swing and his team Mr. MARTINEZ. Mr. Chairman, I rise in sup- roof over their heads, food on the table, or were confident that Haiti’s chances for suc- port of the Miller substitute. clothes on their backs. I don't hear the small cess were good despite the difficulties. Am- Mr. MILLER has worked to meet the Repub- businesses in the 31st District clamoring for bassador Swing’s commitment and dedica- licans halfway in this effort to provide flexibility the option of comptimeÐmany cannot afford tion were manifest in his willingness to give for working families. to have employees on leave at irregular times. us as much time out his busy schedule as we I contend that H.R. 1 does not provide the So the only protection to ensure that employ- needed. And his efforts to have us meet with flexibility that its sponsors claim it does. ees are paid for the time they work is to have U.N. Special Representative, Ambassador Members on the other side of the aisle, try- overtime pay protections. Ter Horst, Haitian Parliamentarians, and es- ing to appeal to working mothers, claim that Nevertheless, I support Mr. MILLER's sub- pecially President Preval, were more than under H.R. 1, workers would work overtime we expected. Ambassador Swing has been in stitute so that those businesses and those em- and then take comptime whenever they need Haiti longer than a normal posting but his ployees who want comptime can fairly partici- presence, his expertise, his dedication and itÐto take a child on a class trip, to tend to pate in such a program. The substitute en- his relationship with the Haitian leadership a sick parent, to volunteer time at their child's sures that comptime is truly flexible, and that are invaluable during these critical times. school. However, H.R. 1 also provides that an employees have true choice. We also want to acknowledge Political Coun- employer can deny comptime if taking that Mr. MILLER's substitute puts teeth into the selor Sue Ford Patrick for all the work she time would unduly disrupt that business. What penalties for employers who coerce their em- did in getting us to all of our meetings and good does it do to accrue comptime if your ployees into taking comptime and who wrongly for providing valuable insights to conditions employer can prevent you from taking it when deny an employee's right to take comptime in the country. you want it? when he or she wishes. And finally, we wish to commend Colonel Say Mrs. Smith wants to volunteer to be a This measure also prohibits employers from Stull, Commander of the U.S. Support chaperon for her daughter's class trip to the discriminating among employees when offer- Group, and his troops for the fine work they natural history museum next Tuesday. The ing comptime. It mandates that when an em- are doing in Haiti. The dedicated men and employer says that taking leave Tuesday will ployer chooses to implement a comptime pro- women of our Marine, Navy and Army con- unduly disrupt the business, but Mrs. Smith gram, he or she must offer that comptime to tingents there are providing important hu- can take the time next Friday. What good all similarly situated employees. Therefore, if manitarian and civic assistance projects in does that do Mrs. Smith? Is that really choice? an employer offers comptime to a particular addition to their normal security mission. Members on the other side of the aisle will employee, he or she must also offer it to all Their mission in Haiti is often overlooked, the other employees who are doing the same and sometimes even questioned, but their claim that the bill does state that the employee presence is invaluable and a credit to their has a choice, and that there are steps he or work, on the same schedule, at the same site. respective services. she can take if the employer wrongfully denies Another very important provision in this sub- comptime. But if we are talking about the ma- stitute is that it allows the Secretary of Labor KEY INDIVIDUALS STAFFDEL MET WITH WHILE IN jority of workers todayÐwho make less than to require employers to post a bond to assure HAITI 21¤2 times the minimum wageÐwe cannot truly funds to pay for unused comptime. Thus, em- Government of Haiti: Mr. Rene Preval, state that these individuals have the resources ployees would be guaranteed to receive their President; Mr. Leslie Delatour, Central Bank to challenge their employer in court. Many comptime if an employer declared bankruptcy. Governor; Mr. Robert Manuel, Secretary of need these jobs and would never consider I urge my colleagues to reject H.R. 1 and State for State Security; Mr. Pierre Denize, threatening them even if they were in the right. adopt the Miller substitute. Director General, Haitian National Police; Others who are bold enough to consider filing f and Mr. Jean August Brutus, HNP suit against their employer do not have the re- INTRODUCTION OF LEGISLATION Commissaire. sources to hire an attorney and go to court. Legislative branch: Mr. Macdonald Jean, Proponents of H.R. 1 point to the public Senator; Mr. Jean Robert Sabalat, Senator; sector, stating that comptime works well there. HON. GEORGE W. GEKAS Mr. Alix Fils-Aime, Deputy; and Mr. St. Let me tell you, I know of some Federal em- OF PENNSYLVANIA Juste Momprevil, Deputy. ployees who opt for paid overtime, because IN THE HOUSE OF REPRESENTATIVES Representatives of the Council on Mod- they know they'll never get the opportunity to Tuesday, April 8, 1997 ernization of Public Enterprises (CMEP). use their comptime when they want to. The Mr. GEKAS. Mr. Speaker, today I with my Representatives of the Haitian Private public sector is not a business. We offer colleague Representative BEN GILMAN, intro- Sector. comptime there because it saves taxpayer dol- duced a bipartisan bill to correct a fundamen- United Nations: Ambassador Enrique Ter lars. The only reason private businesses will tal unfairness to all Federal administrative law Horst, Special Representative to the Sec- even consider offering comptime is that it judges. The Administrative Law Judge Cost of retary General; and General Pierre Daigle, saves money and will give employers the op- Living Adjustment [COLA] Reform Act. Since Commander, U.N. Support Mission on Haiti. portunity to have employees work longer 1992 administrative law judges have not re- Representatives of the International Donor hours. ceived a cost-of-living adjustment like other Group including the World Bank, Inter- Comptime is really a no-interest loan that Federal employees in the General Schedule national Monetary Fund, and the Inter- employees give to their employers. Employees and Senior Executive Service. Enactment of American Development Bank. work the overtime, and then get paid later in the legislation introduced today will remedy Representatives of other Organizations in comptimeÐif they get a chance to use it at all. this unfair situation. Haiti including: Adventist Relief and Devel- Mandated overtime pay has been the law to This legislation amends section 5372 of title opment Agency; International Republican penalize employers who make their employ- 5, U.S. Code, and provides that the cost of liv- Institute; National Democratic Institute; ees work longer than the 40-hour workweek. ing adjustment for administrative law judges and Inter-American Foundation. That is why overtime is paid in time-and-a- will be adjusted by the same percentage and United States Support Group: Colonel half. This also provides a benefit to employees on the same date as the rates of pay for the Stull, Commander. who choose to work longer hours for more General Schedule. E596 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 1997 Through no fault of their own, ALJ salaries istration to take place in New Jersey for the SALUTE TO THE CINCINNATI were included as a percentage of the Execu- first time. This is a major milestone for the 6- BURNS INSTITUTE tive Schedule, which includes Members of year-old center, which is part of the University Congress and Cabinet Secretaries. Since of Medicine and Dentistry of New Jersey's HON. ROB PORTMAN 1992 Members of Congress have prohibited Robert Wood Johnson Medical School. The OF OHIO themselves from receiving COLA's by appro- medical school will receive an $800,000 Fed- IN THE HOUSE OF REPRESENTATIVES priations bill riders that cover the whole Exec- eral grant to help support the center's oper- Tuesday, April 8, 1997 utive Schedules, including ALJ's. ALJ's in sal- ations. The designation places the Cancer In- ary structure are more like other Federal em- Mr. PORTMAN. Mr. Speaker, I rise today to stitute of New Jersey among the highest re- ployees hired at $75,000 a year and their av- recognize the Shriners Hospitals for Children erage salary is about $89,000 a year, much garded cancer centers in the world. and the Cincinnati Burns Institute for their con- tinuing commitment to the treatment and care less than Members of Congress or Cabinet The people of the State of New Jersey de- of burn-injured children in the Cincinnati area, Secretaries included in the Executive Sched- serve the research and care provided by the and to congratulate the Shriners on their 75th ule. The cost of the legislation is not signifi- Cancer Institute of New Jersey. They need to anniversary. We thank them for the vision and cant, not even raising the $5 million point of have convenient access to the newest ad- service that they have so generously given to order threshold under the Budget Act. In fact vances in the prevention, diagnosis, and ex- the Greater Cincinnati community. we estimate that the cost of the legislation is perimental treatment of cancer. Prior to the The Shriners Hospitals for Children is a net- under $4 million. creation of the institute, New Jersey cancer work of 22 hospitals, 19 orthopedic units, and As a matter of fairness, these Federal em- patients seeking innovative care were forced 3 burns institutes, offering specialized medical ployees should receive pay adjustments at the to travel to either New York or Philadelphia. care to children up to the age of 18. The Cin- same rate as other Government employees. cinnati Burns Institute is one of the Shriners The salaries of the younger administrative law This was a particular burden for residents of the central portion of the State, which is an Hospitals specializing in acute and rehabilita- judges are well below the pay level of Mem- tive care of children suffering from burn inju- hour or more from either city. Such long travel bers of Congress. Many of the younger admin- ries. As a regional referral hospital, the Cin- istrative law judges have fallen behind the distances are more than inconvenientÐwith cinnati unit serves children who live within a rates of pay of their former Government col- frequent, repeated treatment sometimes need- 1,000-mile radius of Greater Cincinnati. leagues. Senior Government attorneys paid ed, they can cause serious disruptions and The mission of the Shriners is to minimize under the General Schedule and the Senior hardships for the families involved. The open- the devastation of burn injuries and enhance Executive Service have received pay adjust- ing of the institute has proven a major step the patient's potential and quality of life. The ments during the same period which has forward for New Jersey cancer patients and its Shriners provide family-centered and holistic caused their rates of pay to exceed that of ad- new designation as a cancer center brings pediatric burn care of the highest quality. And, ministrative law judges. The administrative law New Jersey cancer treatment to the state-of- by providing all medical care to patients at no judiciary has traditionally recruited these sen- the-art. cost to them or their parents or a third party, ior attorneys as administrative law judges. The the Shriners Hospitals and Burns Institutes not ability to recruit senior Government attorneys, The need for the institute is great. New Jer- only care emotionally for their patients, but fi- experienced private practice attorneys, and to sey has nearly 8 million citizens and cancer nancially as well. Through public education retain experienced administrative law judges is statistics ranking it as the third highest State and prevention efforts, the Cincinnati Burns In- being impaired because of the disparity be- in the Nation for estimated cancer deaths and stitute, along with the Shriners, has been in- tween the current pay of administrative law the eighth highest for new cancer cases. strumental in raising public awareness in the judges as compared with the pay of senior management of pediatric burns. With 120 investigators, the Cancer Insti- The leadership of these truly dedicated or- Government attorneys. tute's clinical care and basic research pro- We believe that it is important to keep the ganizations is an asset to our community and grams include bone, bone marrow transplan- Federal administrative judge corps competitive to our Nation. All of us in Cincinnati congratu- tation, gastrointestinal, genitourinary, gyneco- with other senior Government attorney posi- late the Shriners Hospitals for Children on tions. The Federal administrative judiciary logical, head and neck, leukemia/lymphoma, their 75th anniversary. We are grateful for all must be able to recruit from the most able and melanoma/sarcoma, and pediatrics. they have given to Greater Cincinnati. experienced legal practitioners in both the pri- The institute becomes one of more than 50 f vate and public sectors, able to adjudicate cancer centers designated across the country AMERICA’S FEDERAL CREDIT complex and contested legal disputes. Adju- that engage in multidisciplinary research ef- UNIONS dication of citizens' administrative claims by forts to reduce cancer incidence, morbidity, the Government is often the first contact the and mortality. HON. BENNIE G. THOMPSON public has with the justice system. We want to OF MISSISSIPPI ensure by passage of this bill, that the public The Cancer Institute of New Jersey is a IN THE HOUSE OF REPRESENTATIVES has the quality and standard of service that partnership of UMDNJ, Hackensack University justice deserves. Medical Center, New Brunswick Affiliated Hos- Tuesday, April 8, 1997 f pitals, St. Peter's Medical Center, and Atlantic Mr. THOMPSON. Mr. Speaker, I would like Health System. to express my support for America's Federal CONGRATULATING THE CANCER credit unions on behalf of at least 35,000 peo- INSTITUTE OF NEW JERSEY I know personally the tragedy of cancer: My husband, Richard W. Roukema, M.D., and I ple residing in the Second Congressional Dis- trict who depend on them to receive financial lost our son, Todd, to leukemia in 1976 at the HON. MARGE ROUKEMA services. As you may know, the original legis- age of 17. At that time, bone marrow trans- OF NEW JERSEY lation that created Federal credit unions in the plants and other techniques that offered hope IN THE HOUSE OF REPRESENTATIVES 1930's required that their members share a were only in their experimental stages. Since Tuesday, April 8, 1997 ``common bond of occupation or association.'' then, many advances have been made that Over the years, this statute has been inter- Mrs. ROUKEMA. Mr. Speaker, I rise to con- have spared thousands of other parents the preted in a fashion that allows employees from gratulate the Cancer Institute of New Jersey heartbreak we faced. It is thanks to the bril- many different companies to join the same on being designated as a clinical cancer cen- liant researchers and physicians at institutions credit union. However, in the 1994 Federal ter by the National Cancer Institute's Cancer such as the Cancer Institute of New Jersey District Court case of National Credit Union Centers Program. This long-sought designa- that hope can be maintained. Administration versus First National Bank & tion is a well-deserved honor and will mean Trust and its subsequent appeals, it was ruled Today, we are within grasp of a cure for much not only to the Cancer Institute of New that credit unions must have a ``single com- Jersey but cancer patients throughout the many forms of cancer but much research re- mon bond of occupation.'' In other words, all State as well. mains to be done. I thank God for those who the members of the credit union must work for This designation, a tremendous advance- are willing to labor toward this goal and pray the same employer. ment in health care for New Jerseyans, will that with their help a cure can be found and Although the Supreme Court has decided to allow clinical trials of new cancer therapies that no child will ever again have to suffer hear this case, credit unions all across the Na- sponsored by the U.S. Food and Drug Admin- from this terrible disease. tion have been forced to cease accepting new April 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E597 members from employers outside of those The interim lease provisions have not been HONORING DAVID ALLEX who already belong while they wait for the as successful as planned because many of final ruling. In addition to this disruption in the the terms and conditions act as disincentives HON. SOLOMON P. ORTIZ industry, if this case stands, credit unions may to economic development conveyance. For ex- OF TEXAS be forced to exclude all employers with the ex- ample, there is no commitment for final owner- IN THE HOUSE OF REPRESENTATIVES ception of the single original employer that the ship by Federal agencies upon assumption of Tuesday, April 8, 1997 credit union received its charter to serve. control or occupancy of transfered property. Mr. Speaker, credit unions are the last Mr. ORTIZ. Mr. Speaker, I rise today to Commercial firms are willing to enter into commend David Allex of Harlingen, TX, and to source of financial services for millions of leases, but are refusing this option because of Americans who do not have the credit back- commend his life's work of improving the eco- the lack of commitment for final ownership. In nomic conditions of south Texas. ground to receive help from traditional banking addition, the new occupants of closed base institutions. If this case is allowed to stand, as David is a legend in south Texas. He has property are unable to conduct major renova- served as the president of the Harlingen In- many as 10 million current credit union mem- tions unless they agree to restore the property bers could be expelled from their credit dustrial Foundation, Inc. [HIFI] since its incep- to its original condition. Many of the facilities unions, and services could be interrupted for tion in 1968. That is an incredible tenure, but require major alterations from their original all 70 million American credit union members. David Allex is quite the economic pioneer. condition just to bring them to local code Many critics of credit unions feel that they Few people have had the effect that David have become a threat to the banking industry. standards. Why are we requiring restoration of has had on the economic fortunes of the south However, according to the Credit Union Na- undesired conditions? This makes no sense Texas business and professional community. tional Association, the average credit union and ultimately results in taxpayer waste. David is leaving HIFI, and his presence will be has less than $28 million in assetsÐless than Prior to 1996, departure of Federal agencies sorely missed. During David's tenure, his efforts attracted a one-sixteenth the size of the average bank. In reverted property to the Federal Government host of industries to the south Texas area. He fact, Chase and Citibank, the two largest U.S. for disposal by GSA. A leaseback provision was actively involved in bringing the following banks, combined have more assets than the was established in the National Defense Au- companies to the Rio Grande Valley: Tex aggregate holdings of all 12,047 credit unions. thorization Act for fiscal year 1996 to protect Steel, Fruit of the Loom, Anderson, Green- I do believe that banks play an important role communities from a Federal agency revolving wood and Co., Valley International Cold Stor- in America's economy, but I believe that a bal- door. Under this law, property approved for age, Atlantic-Durant Technology, Inc., Tadim, ance can be found between their needs and Federal usage would be transferred to the Levi Strauss, William Carter Co., Velcon Fil- those of the credit union industry. Banks are local redevelopment agency, then leased to a ters, and Aloccorp. likely to remain America's chief source of fi- Federal agency at no cost for up to 50 years. The high unemployment rate in the valley nancial services, but there is no reason that a The reasoning behind this is to ensure transfer has always been my paramount concern since thriving credit union industry cannot survive of property to local communities in the event coming to Congress. These companies would and continue to serve those people who can- of departure by Federal agencies. The lack of not have relocated to south Texas if not for not be helped by banks. Mr. Speaker, it could a mandatory requirement for leaseback ac- David's assertiveness and commitment to the take many months before the Supreme Court ceptance allows for circumvention of the legis- economic development of our area. His vision, makes its final decision on this case. The lative intent. In Orlando, FL, the Veterans Ad- innovation, and ideas have made the valley a credit union industry can not hang in limbo ministration has requested Orlando Naval force in our Nation's new economy. while it waits for the Supreme Court to act. Training Center property through the Federal I ask my colleagues to join me today in rec- Representative LATOURETTE has introduced a ognizing the quality, loyalty, integrity, and ac- bill to this Congress in order to clarify this screen process. VA has refused to enter into a long-term lease which would allow enaction complishments of David's service to the econ- issue. The Credit Union Membership Access omy of south Texas. I offer David my personal Act of 1997, of which I am a cosponsor, will of a leaseback provision. This creates major problems for community redevelopment au- thanks and best wishes. protect the status quo by allowing employees f from more than one company to become thorities as it limits their ability to finalize reuse members of the same credit union. I support plans. My legislation guarantees an option for TRIBUTE TO MARCIA STEIN this legislation wholeheartedly, and I urge this communities to obtain reuse property after the Congress to act to prevent a disaster for departure from the property by the first Fed- HON. JULIAN C. DIXON America's credit union industry. eral agency lessee. OF CALIFORNIA f We must allow common sense to prevail in IN THE HOUSE OF REPRESENTATIVES HELP COMMUNITIES AFFECTED BY this base reuse process. There are some in- Tuesday, April 8, 1997 BASE CLOSURE stances where it makes sense to lease to or- Mr. DIXON. Mr. Speaker, this morning I rise ganizations affiliated with the branch of service to pay a well earned tribute to Marcia Stein, HON. BILL McCOLLUM that previously occupied the base property. who retired from this body on January 20, This is currently prohibited, yet doesn't it make 1997. For 15 years, Marcia provided exem- OF FLORIDA sense to relocate recruiting stations, reserve IN THE HOUSE OF REPRESENTATIVES plary service as one of the Official Reporters centers, and military processing centers onto of the House. She and her husband, Robert P. Tuesday, April 8, 1997 closed base property? This type of action will (Bob) Stein, an oceanographer with the Na- Mr. MCCOLLUM. Mr. Speaker, today, I am allow these units to function in a military envi- tional Oceanic and Atmospheric Administra- introducing legislation that will facilitate the ronment while reducing taxpayer burden gen- tion, are present this morning, and I am swift transfer of closed military bases to local erated by lease of civilian property. pleased to have this opportunity to commend communities. This action is necessary be- The four branches of the U.S. Armed Serv- Marcia for her outstanding service to this insti- cause current law hinders the large and com- ices are currently able to contract with local tution. plex transfer of military base property with governments for fire and police services for 6 A native of Abilene, KS, Marcia attended economic redevelopment in mind. months prior to the closure of a base. Families Phillips University in Enid, OK, before relocat- Many of the laws governing the reuse of remaining on closed bases need these serv- ing to the Washington, DC, area. After working for a number of years at Andrews Air Force military bases are antiquated and filled with ices, yet there is no provision for bases being confusing terms and conditions. One major ex- Base, she attended Strayer College and grad- closed in phases as the services do not define isting hindrance is a clause prohibiting the ob- uated as a court reporter in 1975. She worked phased closures as operational. In simpler tainment of profit by local communities. This is several years as a freelance reporter before terms, local communities bear the burden for a problem because it prevents local commu- joining the staff of the Official Reporters of the fire and police services because the service nities from generating profits through subleas- House on November 12, 1981. Marcia espe- branches are unable to contract for services. ing for the purpose of reinvestment to maintain cially enjoyed specializing in hearings on na- and improve landscaping, maintenance, and Mr. Speaker, the bill I'm introducing today tional security and intelligence; 10 of her 15 infrastructure. The remedy for this situation is will make major strides in reforming the base years were spent as a reporter for the Appro- to replace the clause with legislation embody- closure reuse process. We must enact this priations Subcommittee on National Security. ing the provisions of the base closure laws legislation to protect our local communities. I Some of the highlights of her Hill career in- and amendments of the 1990's. urge my colleagues' support. cluded reporting the Iran-Contra hearings and E598 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 1997 traveling to Bonn, Germany, and other parts of board member of the Harvard Community Deena has grown into a beautiful young the globe to report field hearings. Center. His dedication to the Greater Cleve- woman, a recent graduate of the University of Now that Marcia has retired, she is able to land area and improving the lives of others Tennessee and now getting off to a great start devote more time to pursuing her favorite pas- speaks volumes about his character. This de- in a career with one of Knoxville's most re- times of golf, she carries an 18 handicap, and voted husband and father, businessman, and spected insurance firms. duplicate bridge. She has been a life master philanthropist has brought much to those Deena has never let her dad down and has in duplicate bridge since 1968. She also en- around him and those he may never meet. I made him a proud and happy father for many joys reading and snorkeling. Marcia and Bob ask my colleagues to join me today in rec- years. are the proud parents of 4 children: Danise, ognizing the admirable personal and profes- To sum up, Mr. Speaker, Bob Griffitts is the David, Adam, and Jason; and 2 grandchildren, sional accomplishments of Mr. Wilson Rogers. kind of man who has made this country great. Allison and Jacob. f He is not rich or famous, but he is well-known Marcia has enjoyed observing history in the and greatly respected in his beloved east Ten- A TRIBUTE TO BOB GRIFFITTS making, and she feels privileged to have been nessee. assigned to report some of the most interest- He deserves very much to be considered as ing events taking place in this august body. HON. JOHN J. DUNCAN, JR. one of our Nation's finest citizens. On this special milestone in his life, I would Those of us who have had the pleasure of OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES like say happy birthday and best wishes for working with her during her distinguished ca- many, many more. reer, also feel privileged to have had the op- Tuesday, April 8, 1997 I could never repay Bob for all he has done portunity to work with an individual of such Mr. DUNCAN. Mr. Speaker, I want to pay for me, or thank him nearly enough. But I will outstanding ability and professionalism. tribute to a great American, my friend, Bob close by saying that I am very proud to call Thank you Marcia for your service to your Griffitts. Bob turns 50 today, and in some him my friend. country and to the House of Representatives. ways, I am sure that he does not want a lot f I wish you and Bob a long, healthy, and pros- of attention called toward this occasion. perous retirement. Bob has never been one to seek attention THE TAXPAYER BROWSING f or publicity or credit at any time. But this PROTECTION ACT should be a special day in his life, and he de- SALUTING WILSON A. ROGERS OF serves a lot more credit and praise than he HON. WILLIAM J. COYNE CLEVELAND, OH ever receives. OF PENNSYLVANIA Bob Griffitts is my district director and long- IN THE HOUSE OF REPRESENTATIVES HON. LOUIS STOKES time closest personal friend. He spends his Tuesday, April 8, 1997 OF OHIO days quietly helping the constituents of the Mr. COYNE. Mr. Speaker, I am pleased to second district and over the last 81¤2 years has IN THE HOUSE OF REPRESENTATIVES cosponsor, along with my Democratic and Re- Tuesday, April 8, 1997 helped thousands in ways big and small. He works nights, weekends, and holidays and publican colleagues, a bill titled the ``Taxpayer Mr. STOKES. Mr. Speaker, I rise today to never really leaves the job behind. People Browsing Protection Act.'' As the ranking recognize the dedication and hard work of a would be shocked if they followed him around member of the Ways and Means Committee Oversight Subcommittee, I have worked with constituent who has been honored recently for for a few weeks and saw how many hours he the IRS Commissioner and the other sub- his distinguished service to his field and his puts in. community. Wilson A. Rogers of Cleveland, an Bob serves the people of east Tennessee at committee members in support of the legisla- owner and operator of McDonald's res- a personal financial sacrifice. Before taking his tion being introduced today. Most recently, the IRS Commissioner wrote taurants, was recently bestowed the pres- present job, he was a very successful realtor me and renewed her request that legislation tigious Ronald McDonald Award. This award is and appraiser. be introduced to clarify the criminal sanctions the highest award given to an owner/operator He handled many commercial real estate for unauthorized access to or inspection of tax and covers 40 regions. Mr. Wilson earned this deals for groups of doctors and other inves- information, referred to as browsing, by IRS tors. He had many leading companies as cli- award through this outstanding work in his employees. A copy of the Commissioner's ents of his appraisal business. local community and for outstanding manage- March 10, 1997, letter follows my statement ment. Throughout his career, both in business and politics, he has always inspired a great feeling and is included in the RECORD. Wilson Rogers has been a part of the Importantly, this bill would prohibit unauthor- of trust and confidence in all those with whom McDonald's team for more than 22 years. His ized review of tax information, retained by the interest in becoming a restauranteur was he has dealt. IRS in both paper and electronic form. Viola- There is not a dishonest or unethical bone sparked by reading about the opportunities of tors would be subject to significant criminal owning a McDonald's franchise in the news- in Bob Griffitts' body. Always giving of himself to others, Bob has sanctions, including monetary fines and im- paper. He had learned the lessons of success prisonment, and dismissal from IRS employ- through hard work on his family's farm in almost never asked anything for himself. He has served this Nation well, through our ment. South Point, OH, but what he has given back This legislation will significantly enhance the great free enterprise system, in government, to his community comes straight from his IRS's current zero tolerance policy for illegal and through two other very important ways as heart. browsing of tax information. The public will well. Mr. Rogers has a rich history of involvement benefit from this legislation knowing that their First, while he almost never mentions it and with the future of the youth of our community. tax records are only inspected by IRS employ- no, very few people know it, Bob is a veteran His passion for academic achievement ees who need the information as part of their of the frontlines of some of the toughest fight- brought about the creation of the McDonald's job responsibility. Also, all the hardworking ing which went on in Vietnam. Martin Luther King Scholarship and Exhibition He was and is a courageous, patriotic man and committed IRS employees nationwide will at Cuyahoga Community College. This project who deeply loves this country. benefit from this legislation knowing that a bad made a 5-year $50,000 contribution to the Tri- Hardened in numerous wartime battles, he apple hired by the IRS will be quickly removed C/MLK scholarship program and created an is the kind of man you want beside you when from the agency and punished under the law. exhibit for the college to honor the late civil times get tough. I look forward to working with the members rights leader. He has also aided many dis- He would be embarrassed to be described of the Committee on Ways and Means, on a advantaged students who might not otherwise in this manner, but to me he is a true Amer- bipartisan basis, to approve this legislation attend college through the United Negro Col- ican hero. and to bring the bill to the House floor in a lege Fund. He has chaired and cochaired the Secondly, and most important of all, he is a timely manner. UNCF Telethon and Golf Tournament and devoted family man. DEPARTMENT OF THE TREASURY, now sits on their advisory committee. He has had a long and happy marriage to INTERNAL REVENUE SERVICE, Mr. Speaker, among other efforts to help his wife, Barbara, and his loyalty and friend- Washington, DC, March 10, 1997. Hon. WILLIAM J. COYNE, children get ahead, Wilson Rogers was instru- ship to me is without question a distant sec- Subcommittee on Oversight, Committee on Ways mental in helping the Achievement Center for ond to his love for and devotion to her. and Means, House of Representatives, Children secure a grant from Ronald McDon- There is, though another woman in Bob's Washington, DC. ald Children's Charities. Mr. Rogers also helps life, and no man has ever loved a daughter DEAR MR. COYNE: I wanted to let you know feed the hungry and homeless, and is a past more than Bob loves his Deena. about a case that was recently decided by April 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E599 the United States Court of Appeals for the puter records. It does not apply to unauthor- serving the public. In a press interview, he First Circuit, United States v. Czubinski, No. ized access or inspection of paper tax returns once said: ``I am not into making money. I al- 96–1317, 1997 U.S. App. LEXIS 3077 (1st Cir. and related tax information. Legislation ways wanted to make some kind of mark, to February 21, 1977) and to request your sup- such as S. 670, introduced in the 104th Con- port for legislation to clarify the criminal gress, would achieve that result. By clarify- change my society, do something to make it sanctions in the Internal Revenue Code for ing the criminal sanctions for unauthorized run better * * *.'' He surely achieved his goal. the unauthorized access of taxpayers’ ac- access or inspection of tax information in In his obituary in the Los Angeles Times, I counts by Internal Revenue Service employ- section 7213 of the Internal Revenue Code, learned that Jerry had visions of becoming a ees. whether that information is in computer or singer, and was delighted to be asked to sing Since becoming Commissioner, I have re- paper format, the entire confidentiality the national anthem at a Dodger game. Jerry, peatedly stated that the IRS will not toler- scheme respecting tax information and relat- I heard your song. I still do. I always will. My ate violations by employees of the rules ed enforcement mechanisms would be appro- against unauthorized access. The Service’s interest in politics goes back to my early expe- priately found in the Internal Revenue Code. rience on your campaign. It goes forward with zero tolerance policy prohibits any employee An amendment to section 7213 such as was access to (and use of) tax information, except proposed in the 104th Congress would serve your melody in my head. to the extent necessary for an employee to important tax administration objectives. (Of Godspeed. perform assigned duties. course, as is currently the case under section f In the Czubinski case, the First Circuit re- 7213 for convictions resulting from the dis- versed the conviction of a former IRS em- closure of tax information to unauthorized TRIBUTE TO MARJORY STONEMAN ployee for improperly accessing taxpayer in- third parties, a conviction of federal officers DOUGLAS formation in the IRS database. That person and employees for the unauthorized access or had been indicted and convicted of several inspection of tax information would, in addi- counts of violating 18 USC §§ 1343 and 1346 tion to imprisonment and fine, continue to HON. PETER DEUTSCH (wire fraud) and 18 USC § 1030(a)(4) (computer result in dismissal from office or discharge OF FLORIDA fraud). In reversing the conviction, the court from employment.) IN THE HOUSE OF REPRESENTATIVES stated that ‘‘unauthorized browsing of tax- We would like to work with you and your Tuesday, April 8, 1997 payer files, although certainly inappropriate staff to assure that improper access can be conduct, cannot, without more, sustain [a] dealt with appropriately. Mr. DEUTSCH. Mr. Speaker, I rise to recog- federal felony conviction [under 18 USC Sincerely, nize the contributions of Marjory Stoneman §§ 1343, 1346 and 1030(a)(4)].’’ MARGARET MILNER RICHARDSON. This decision and a 1996 acquittal, by a DouglasÐan American hero who turned 107 Memphis, Tennessee jury of another former f years old yesterday. Mrs. Douglas is one of the mightiest protagonists of the Florida Ever- IRS employee who had been indicted for im- JERRY PACHT, IN MEMORIAM proper access of taxpayer accounts under 26 glades who led the first efforts to raise public USC § 7213 (Unlawful Disclosure of Tax Re- awareness of Florida's River of Grass. turn Information), United States v. Patterson, HON. JANE HARMAN In 1947, Mrs. Douglas wrote her landmark Cr. No. 96–20002 (W.D. Tenn. April 10, 1996), OF CALIFORNIA book on Florida's largest wetlands ecosystem are very troubling and make it more difficult ``The Everglades: River of Grass.'' This pio- for the Service to appropriately discipline IN THE HOUSE OF REPRESENTATIVES employees who violate our policy against un- Tuesday, April 8, 1997 neering work was the first to highlight the authorized access. plight of the everglades and ultimately served In the past several years, the IRS has Ms. HARMAN. Mr. Speaker, every Member to awaken public interest in restoring its taken a number of steps to ensure that unau- here has a story about the beginning of his or health. Still going strong in her 107th year, thorized access of taxpayer information by her interest in politics. Mine begins with an ex- Mrs. Douglas has dedicated her life to the de- IRS employees does not occur. For example, traordinary pixie of a man named Jerry Pacht, fense of the Everglades through her extraor- each time an employee logs onto the tax- who died last week in Los Angeles at age 75. dinary personal effort and by inspiring count- payer account database, a statement warns Before embarking on a distinguished career less others to take action. Recognizing these of possible prosecution for unauthorized use on the Los Angeles Municipal Court followed of the system. All new users receive training accomplishments, President Clinton awarded on privacy and security of tax information by decades on the L.A. County Superior her the Medal of Freedom in 1994, the Na- before they are entitled to access the Inte- Court, Jerry ran for Congress, twice. His cam- tion's highest civilian award. grated Data Retrieval System (IDRS). The paigns were high principle and low budget, Mr. Speaker, I have introduced legislation Service has also installed automated detec- and he recruited and excited a large band of which honors Mrs. Douglas' legacy by creating tion programs that monitor employees’ ac- volunteers. the Marjory Stoneman Douglas Wilderness in tions and accesses to taxpayers’ accounts, I was a high school student in 1960, the first Everglades National Park. The Marjory identify patterns of use, and alert managers year Jerry ran, and led what he called the to potential misuse. Employees are dis- Stoneman Douglas Wilderness will serve as a kiddie brigade. Our colleague, HOWARD BER- ciplined according to a Guide for Penalty De- permanent and natural monument to the terminations that includes dismissal. In the MAN, then president of the UCLA Young American hero who helped save North Ameri- Czubinski opinion, the court noted that ‘‘the Democrats, played a far more senior role in ca's greatest wetland ecosystem. This year, IRS rules plainly stated that employees with the campaign. as we commemorate the 50th anniversary of passwords and access codes were not per- I learned a lot. My role was confined in sub- the park and the first publishing of ``The Ever- mitted to access files on IDRS [the database] stantial part to stuffing envelopes and mimeo- glades: River of Grass,'' I believe it is fitting outside of the course of their official duties.’’ graphing materials, but I saw how valuable that we permanently honor Mrs. Douglas' leg- In addition to the internal actions, the IRS those tasks were. In the days before television has recommended and supported legislative acy through this legislation. efforts to amend the Internal Revenue Code ads, communication of Jerry's message and f and Title 18 to clarify the criminal sanctions his passion depended on people like me. for unauthorized computer access to tax- Even in these slicker and more cynical times, THE HOPE AND OPPORTUNITY ACT payer information. A recent amendment to the hub of campaigns still is centered on vol- OF 1997 18 USC § 1030(a)(2)(B) by the Economic Espio- unteers. Without them, candidates don't win. nage Act of 1996, Pub. L. No. 104–294, 110 Stat. Of course it matters what the message is, HON. WILLIAM CLAY 3488 (1996), provides criminal misdemeanor and whether the messenger is credible. OF MISSOURI penalties for anyone who intentionally ac- Though Jerry's runs for office may not have cesses a computer without authorization or IN THE HOUSE OF REPRESENTATIVES persuaded a majority of the voters, the quali- who exceeds authorized access and thereby Tuesday, April 8, 1997 obtains information, including tax informa- ties in him that excited me and others were on tion, from any department or agency of the full display during his long and successful judi- Mr. CLAY. Mr. Speaker, I am pleased to in- United States. I have been advised by coun- cial career that followed. troduce the Hope and Opportunity Act of 1997 sel that had this amendment been in effect Son of a judge, Jerry's interest in a judicial proposed by President Clinton. The bill cre- and applicable to the Czubinski and Patterson career became known to Gov. Pat Brown who ates a Hope scholarship tax credit of up to cases, the government very likely would not appointed him to the local bench in 1965 and $1,500 per student for tuition and fees in the have lost those cases. Although the recent amendment to 18 USC promoted him a year later. student's first year, and another $1,500 in the § 1030(a)(2)(B) will hopefully serve as a sig- He was a beloved figureÐalways insisting second year if the student earns at least a B nificant deterrent to unauthorized computer that the law be fairly applied, even if the cause average. The credit will help 4.2 million stu- access of taxpayer information, this statute it benefited was unpopular. No one ever ac- dents next year and will save families $18.6 only applies to unauthorized access of com- cused Judge Pacht of any motive other than billion over 5 years. The HOPE scholarship is E600 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 1997 designed to make the first 2 years of college that Pell grants spending be made mandatory Loan [FFEL] programs so they can fairly com- as universal as a high school degree. for the next 5 years, with a commitment to re- pete and operate efficiently. It recalls $2.5 bil- The act includes a tax deduction up to store the maximum Pell grant to its full value lion of Federal moneys currently held in re- $10,000Ð$5,000 maximum in 1997 and by 2002 and will introduce my own bill to do serve by student loan guaranty agencies by 1998Ðfor tuition and fees paid for under- that shortly. clarifying that the Department of Education is graduate and graduate education, or job train- The President's bill cuts student fees in half ing or retraining. The deduction would be for 4 million low- and middle-income students, the ultimate insurer of all FFEL guarantees. ``above the line'' so it is available even if the saving them $2.6 billion over 5 years. It also The bill also standardizes repayment plans for taxpayer does not itemize. Some 8 million reduces the in-school interest rate for 2 million the Department of Education loan programs, Americans would benefit from this deduction students, saving them an additional $1 billion. and increases the percentage lenders and next year, and it will save families $17.5 billion The bill extends section 127 of the Internal guaranty agencies must bear for student loan over 5 years. Revenue Code through December 31, 2000, defaults. The act increases the maximum Pell grant and reinstates the application of that section to from $2,700 to $3,000, which would be the graduate students. The provision, scheduled Unlike proposals made by Republicans who largest increase in Pell grants in 20 years. to expire this year, excludes employer paid want to give tax breaks to the wealthy, the Also, some 218,000 older students would be- educational assistance from an employee's Hope and Opportunity Act of 1997 gives tax come newly eligible for Pell grants by increas- gross income and wages. The bill also creates relief to middle-class families struggling to pay ing the Pell grant living allowance. a tax credit for employer provided educational for college. It is critical to ensure that middle- I commend President Clinton for including a assistance, and provides income exclusion for and low-income students not face insurmount- Pell grant increase in the bill; however, I think student loan forgiveness. able barriers to higher education. I believe we it is critical to demonstrate an even greater The act proposes a number of measures should move the President's higher education commitment to helping low-income families that will level the playing field between the Di- plan to the top of our legislative agenda. obtain educational opportunities. I propose rect Lending and Federal Family Education Tuesday, April 8, 1997 Daily Digest Senate Ruth Y. Tamura, of Hawaii, to be a Member of Chamber Action the National Museum Services Board for a term ex- Routine Proceedings, pages S2803–S2864 piring December 6, 2001. (Reappointment) Measures Introduced: Eight bills were introduced, A routine list in the Foreign Service. Page S2864 as follows: S. 518–527. Pages S2837±38 Messages From the President: Page S2837 Measures Passed: Messages From the House: Page S2837 Claim Settlement: Senate passed H.R. 412, to ap- Measures Read First Time: Pages S2837, S2862 prove a settlement agreement between the Bureau of Statements on Introduced Bills: Pages S2838±56 Reclamation and the Oroville-Tonasket Irrigation District, clearing the measure for the President. Additional Cosponsors: Pages S2856±57 Pages S2862±63 Notices of Hearings: Page S2857 Nuclear Waste Policy Act: Senate continued con- Authority for Committees: Pages S2857±58 sideration of the motion to proceed to the consider- Additional Statements: Pages S2858±62 ation of S. 104, to amend the Nuclear Waste Policy Adjournment: Senate convened at 10:30 a.m., and Act of 1982. Pages S2820±36 adjourned at 6:16 p.m., until 10:30 a.m., on A unanimous-consent agreement was reached pro- Wednesday, April 9, 1997. (For Senate’s program, viding for consideration of the bill on Wednesday, see the remarks of the Acting Majority Leader in to- April 9, 1997. Page S2828 day’s Record on page S2863.) Messages From the President: Senate received the following messages from the President of the United Committee Meetings States: (Committees not listed did not meet) Transmitting the annual report of the Department of Transportation for fiscal year 1995; referred to the APPROPRIATIONS—AGRICULTURE Committee on Commerce, Science, and Transpor- Committee on Appropriations: Subcommittee on Agri- tation. (PM–25). Page S2837 culture, Rural Development, and Related Agencies Transmitting the annual report of the National held hearings on proposed budget estimates for fiscal Endowment for Democracy for fiscal year 1996; re- year 1998, receiving testimony in behalf of funds for ferred to the Committee on Foreign Relations. their respective activities from Dallas R. Smith, Act- (PM–26). Page S2837 ing Under Secretary, Farm and Foreign Agricultural Transmitting the report of the Radiation Control Services, Bruce R. Weber, Acting Administrator, for Health Act for 1995; referred to the Committee Farm Service Agency, August Schumacher, Adminis- trator, Foreign Agricultural Service, Christopher E. on Labor and Human Resources. (PM–27). Goldthwait, General Sales Manager, Kenneth D. Page S2837 Ackerman, Acting Administrator, Risk Management Nominations Received: Senate received the follow- Agency, and Dennis Kaplan, Deputy Director for ing nominations: Budget, Legislative, and Regulatory Systems, all of James William Blagg, of Texas, to be United the Department of Agriculture. States Attorney for the Western District of Texas for Subcommittee will meet again on Tuesday, April the term of four years. 15. Calvin D. Buchanan, of Mississippi, to be United CHILD PORNOGRAPHY States Attorney for the Northern District of Mis- sissippi for the term of four years. Committee on Appropriations: Subcommittee on Com- merce, Justice, State, and the Judiciary, and Related James Allan Hurd, Jr., of the Virgin Islands, to Agencies concluded hearings to examine child por- be United States Attorney for the District of the nography issues, focusing on the sexual exploitation Virgin Islands for the term of four years. of children through the Internet and on-line services, John D. Trasvina, of California, to be Special after receiving testimony from Louis J. Freeh, Direc- Counsel for Immigration-Related Unfair Employ- tor, Wade B. Houk, Assistant Director in Charge of ment Practices for a term of four years. Finance, and Robert M. Bryant, Assistant Director, D301 D302 CONGRESSIONAL RECORD — DAILY DIGEST April 8, 1997 Criminal Investigative Division, all of the Federal erations, Resources, Warfare Requirements and As- Bureau of Investigation, Department of Justice; and sessments; Rear Adm. Robert E. Frick, USN, Pro- Ernest E. Allen, National Center for Missing and gram Executive Officer for Submarines; and Rear Exploited Children, Arlington, Virginia. Adm. Michael W. Cramer, USN, Director of Naval APPROPRIATIONS—EPA Intelligence. Subcommittee recessed subject to call. Committee on Appropriations: Subcommittee on VA, HUD and Independent Agencies held hearings on CHEMICAL WEAPONS CONVENTION proposed budget estimates for fiscal year 1998 for Committee on Foreign Relations: Committee held hear- the Environmental Protection Agency, receiving tes- ings on the Convention on the Prohibition of Devel- timony from Carol M. Browner, Administrator, opment, Production, Stockpiling and Use of Chemi- EPA. cal Weapons and on Their Destruction, opened for Subcommittee will meet again on Tuesday, April signature and signed by the United States at Paris 22. on January 13, 1993 (Treaty Doc. 103–21), receiv- AUTHORIZATION—DEFENSE ing testimony from Madeleine K. Albright, Secretary Committee on Armed Services: Subcommittee on Person- of State; and Donald Rumsfeld, James Schlesinger, nel concluded hearings on S. 450, authorizing funds and Caspar Weinberger, each a former Secretary of for fiscal years 1998 and 1999 for military activities Defense. of the Department of Defense, and to prescribe mili- Hearings continue tomorrow. tary personnel strengths for fiscal years 1998 and 1999, focusing on active and reserve military and ci- RUSSIA-NATO vilian personnel programs and the Defense Health Committee on Foreign Relations: Subcommittee on Eu- Program, after receiving testimony from Edwin ropean Affairs concluded closed hearings to examine Dorn, Under Secretary of Defense for Personnel and the Russia-Nato relationship after the Helsinki Sum- Readiness; Sara E. Lister, Assistant Secretary of the mit, after receiving testimony from Strobe Talbott, Army for Manpower and Reserve Affairs; Bernard Deputy Secretary of State; and Jan M. Lodal, Prin- Rostker, Assistant Secretary of the Navy for Man- cipal Deputy Under Secretary of Defense for Policy. power and Reserve Affairs; and Rodney A. Coleman, AUTHORIZATION—INDIAN JUVENILE Assistant Secretary of the Air Force for Manpower and Reserve Affairs, Installations and Environment. JUSTICE Committee on Indian Affairs: Committee concluded AUTHORIZATION—DEFENSE hearings on proposed legislation authorizing funds Committee on Armed Services: Subcommittee on for fiscal years 1998 through 2001 to provide assist- SeaPower held hearings on S. 450, authorizing funds ance to Indian tribes for juvenile justice and delin- for fiscal years 1998 and 1999 for military activities quency prevention programs under the Juvenile Jus- of the Department of Defense, and to prescribe mili- tice and Delinquency Prevention Act of 1974, after tary personnel strengths for fiscal years 1998 and receiving testimony from Thomas L. LeClaire, Direc- 1999, focusing on submarine development and pro- tor, Office of Tribal Justice, Department of Justice; curement programs and global submarine threat, re- Thomas S. Begich, Washington, D.C., and Larry ceiving testimony from Senator Chafee; John W. Blackhair, Fort Duchesne, Utah, both on behalf of Douglass, Assistant Secretary of the Navy for Re- the Coalition for Juvenile Justice; and Mary V. search, Development and Acquisition; Vice Adm. Thomas, Gila River Indian Community, Sacaton, Ar- Donald L. Pilling, USN, Deputy Chief of Naval Op- izona. h House of Representatives amount of food stamp benefits to be provided to the Chamber Action household under the Food Stamp Act of 1977 (H. Bills Introduced: 27 public bills, H.R. 1225–1251; Rept. 105–43); and 3 resolutions, H.J. Res. 68, and H. Con. Res. Oversight Plans for all House Committees (H. 57–58, were introduced. Pages H1338±39 Rept. 105–44); Reports Filed: Reports were filed as follows: H. Res. 107, providing for consideration of mo- H.R. 1000, to require States to establish a system tions to suspend the rules (H. Rept. 105–45); and to prevent prisoners from being considered part of any household for purposes of determining eligibility of the household for food stamp benefits and the April 8, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D303 H.R. 1003, to clarify Federal law with respect to Report for the National Endowment for Democ- restricting the use of Federal funds in support of as- racy—referred to the Committee on International sisted suicide, amended (H. Rept. 105–46 Part I). Relations. Pages H1305±06 Pages H1337±38 Recess: The House recessed at 3:24 p.m. and recon- Recess: The House recessed at 12:57 p.m., and re- vened at 5:15 p.m. Page H1306 convened at 2 p.m. Page H1294 Quorum Calls—Votes: Two yea-and-nay votes de- Suspensions—Objection to Consideration: Objec- veloped during the proceedings of the House today tion was heard to the unanimous consent request to and appear on pages H1306 and H1306–07. There authorize the Speaker on Wednesday, April 9 to en- were no quorum calls. tertain motions to suspend the rules and agree to Adjournment: Met at 12:30 p.m. and adjourned at H.R. 240, Veterans Employment Opportunities Act 9:20 p.m. of 1997 and H.R. 757, the American Samoa Devel- opment Act of 1997. Pages H1294±95 Nurse Aide Training Correction: On the call of Committee Meetings the Corrections Calendar, the House passed H.R. COMMERCE, JUSTICE, STATE AND 968, amended, to amend title XVIII and XIX of the JUDICIARY APPROPRIATIONS Social Security Act to permit a waiver of the prohi- Committee on Appropriations: Subcommittee on Com- bition of offering nurse aide training and com- merce, Justice, State and Judiciary held a hearing on petency evaluation programs in certain nursing fa- the NOAA. Testimony was heard from D. James cilities. Agreed to the Ways and Means Committee Baker, Under Secretary, Oceans and Atmosphere, technical amendment. Pages H1297±99 Department of Commerce. Suspensions: The House voted to suspend the rules and pass the following measures: LABOR, HEALTH AND HUMAN SERVICES, EDUCATION APPROPRIATIONS Rural Multifamily Rental Housing: H.R. 28, to amend the Housing Act of 1949 to extend the loan Committee on Appropriations: Subcommittee on Labor, guarantee program for multifamily rental housing in Health and Human Services, and Education held a rural areas (passed by a yea-and-nay vote of 397 yeas hearing on the Institute of Museum and Library to 14 nays, Roll No. 72); Pages H1299±H1302 Services. Testimony was heard from Diane B. Frankel, Director, Institute of Museum and Library Household Food Stamp Eligibility and Benefits Services. re Prisoners: H.R. 1000, to require States to estab- lish a system to prevent prisoners from being consid- TREASURY, POSTAL SERVICE AND ered part of any household for purposes of determin- GENERAL GOVERNMENT APPROPRIATIONS ing eligibility of the household for food stamp bene- Committee on Appropriations: Subcommittee on Treas- fits and the amount of food stamp benefits to be ury, Postal Service, and General Government contin- provided to the household under the Food Stamp ued appropriation hearings. Testimony was heard Act of 1977 (passed by a yea-and-nay vote of 409 from Members of Congress and public witnesses. yeas, Roll No. 73; Pages H1302±03 Iosco County, Michigan: H.R. 394, to provide for PRODUCT LIABILITY REFORM ACCESS the release of the reversionary interest held by the LIFE-SAVING PRODUCTS United States in certain property located in the Committee on Commerce: Subcommittee on Tele- County of Iosco, Michigan; and Pages H1303±04 communications, Trade, and Consumer Protection held a hearing on Product Liability Reform and J. Phil Campbell, Sr., Conservation Center: Consumer Access to Life-Savings Products. Testi- H.R. 785, to designate the J. Phil Campbell, Senior, mony was heard from Representative Gekas; and Natural Resource Conservation Center. public witnesses. Pages H1304±05 Presidential Messages: Read the following mes- LOW INCOME HOME ENERGY ASSISTANCE sages from the President: ACT Department of Transportation: Message wherein Committee on Education and the Workforce: Subcommit- he transmits his fiscal year 1995 Annual Report for tee on Early Childhood, Youth and Families held a the Department of Transportation—referred to the hearing on the Low Income Home Energy Assistance Committee on Transportation and Infrastructure; Act Program. Testimony was heard from Representa- Radiation Control: Message wherein he transmits tives Miller of Florida, Moakley and Sanders; Joel his 1995 Annual Report on the Administration of Eisenberg, Senior Policy Analyst, Oak Ridge Na- the Radiation Control for the Health and Safety Act tional Laboratory; and public witnesses. of 1968—referred to the Committee on Commerce; MISCELLANOUS MEASURES and Committee on Government Reform and Oversight: Sub- National Endowment for Democracy: Message committee on the Postal Service approved for full wherein he transmits his fiscal year 1996 Annual Committee action the following bills: H.R. 1057, D304 CONGRESSIONAL RECORD — DAILY DIGEST April 8, 1997 amended, to designate the building in Indianapolis, Force Management Policy; and Terrence O’Connell, IN, which houses the operations of the Circle City Chairman, Reserve Forces Policy Board. Station Post Office as the ‘‘Andrew Jacobs, Jr. Post Office Building’’; and H.R. 1058, to designate the ACQUISITION WORKFORCE facility of the U.S. Postal Service under construction Committee on National Security: Subcommittee on Mili- at 150 West Margaret Drive in Terre Haute, IN, as tary Procurement and the Subcommittee on Military the ‘‘John T. Myers Post Office Building’’. Readiness held a joint hearing on the Acquisition Workforce. Testimony was heard from Louis ZAIRE Rodrigues, Director, Acquisition Issues, GAO; and Committee on International Relations: Subcommittee on the following officials of the Department of Defense: Africa held a hearing on ‘‘Zaire: Collapse of an Afri- Noel Longuemare, Deputy Under Secretary, Acquisi- can Giant?’’. Testimony was heard from George tion and Technology; John W. Douglass, Assistant Moose, Assistant Secretary, Africa, Department of Secretary, Navy, Research, Development and Acqui- State; Vincent Kern, III, Deputy Assistant Secretary, sition; Darleen Druyan, Principal Deputy Assistant African Affairs, Department of Defense; and public Secretary, Air Force, Acquisition and Management; witnesses. and Keith Charles, Deputy Assistant Secretary, MISCELLANOUS MEASURES Army, Plans, Programs, and Policy. Committe on the Judiciary: Ordered reported the fol- LIVESTOCK GRAZING POLICIES— lowing measures, H.R. 1225, to make a technical NATIONAL FORESTS correction to title 28, United States Code; relating Committee on Resources: Subcommittee on Forests and to jurisdiction for lawsuits against terrorist states. Forest Health held an oversight hearing on livestock H.J. Res 62, amended, proposing an amendment grazing policies on public domain National Forests. to the Constitution of the United States with respect Testimony was heard from public witnesses. to tax limitations. The Committee also considered a private immi- SUSPENSIONS gration bill and a private claims bill. Committee on Rules: Granted by voice vote a resolution providing that suspensions will be in order on OVERSEAS QUALITY-OF-LIFE Wednesday, April 9, 1997 and Thursday, April 10, INFRASTRUCTURE 1997. The resolution provides that the Speaker or Committee on National Security: Subcommittee on Mili- his designee will consult with the Minority Leader tary Installations and Facilities held a hearing on or his designee on any suspension considered under overseas quality-of-life infrastructure. Testimony was this resolution. heard from the following officials of the Department of Defense: Brig. Gen. Hans Van Winkle, USA, ETHICS REFORM Deputy Chief of Staff, Engineers, U.S. Army Europe; Committee on Standards of Official Conduct: Task Force Rear Adm. John R. Ryan, USN, Commander, Fleet on Ethics Reform met in executive session to con- Air Mediterranean, Commander, Maritime Air tinue discussions on Ethics Reform. Forces; Col. Dean Fox, USAF, Civil Engineer, Head- Will continue tomorrow. quarters, U.S. Air Force Europe; Col. David Spaulding, USA, Assistant Chief of Staff, Engineers, CHILDREN’S HEALTH COVERAGE VIII U.S. Army Korea; Rear Adm. Albert T. Committee on Ways and Means: Subcommittee on Church, USN, Deputy Chief of Staff, Shore Base Health held a hearing on Children’s Access to Management, Commander-in-Chief Pacific Fleet; Health Coverage. Testimony was heard from Wil- Brig. Gen. James M. Hayes, USMC, Commanding liam J. Scanlon, Director, Health Systems Issues, General, Marine Corps Base Smedley D. Butler, GAO; Linda T. Bilheimer, Deputy Assistant Direc- Deputy Commander, Marine Corps Base Japan; and tor, Health, Health and Human Resources Division, Col. Frank Destadio, USAF, Civil Engineer, Head- CBO; Patrick J. Purcell, Analyst in Social Legisla- quarters, U.S. Air Force Pacific. tion, Congressional Research Service, Library of Con- gress; and public witnesses. DOD REVIEW—GENERAL AND FLAG OFFICER AUTHORIZATIONS ADOPTION PROMOTION ACT Committee on National Security: Subcommittee on Mili- Committee on Ways and Means: Subcommittee on tary Personnel held a hearing on the methodology Human Resources held a hearing on H.R. 867, and process which DOD used to complete the gen- Adoption Promotion Act of 1997. Testimony was eral officer and force officer review mandated by heard from Senator DeWine; Representatives Camp Congress in the 1997 Defense authorization legisla- and Kennelly of Connecticut; Olivia A. Golden, Act- tion. Testimony was heard from Mark E. Gebicke, ing Assistant Secretary, Children and Families, De- Director, Military Operations and Capabilities Issues, partment of Health and Human Services; Jess National Security and International Affairs Division, McDonald, Director, Department of Children and GAO; and the following officials of the Department Family Services, State of Illinois; and public of Defense: Frederick Pang, Assistant Secretary, witnesses. April 8, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D305 COMMITTEE MEETINGS FOR Subcommittee on Labor, Health and Human Services, WEDNESDAY, APRIL 9, 1997 and Education, on Consolidated Management (DOL, HHS, ED), 10:00 a.m., and on Employment and Train- (Committee meetings are open unless otherwise indicated) ing Administration/Veterans Employment, 2:00 p.m., Senate 2358 Rayburn. Committee on Appropriations, Subcommittee on Defense, Subcommittee on National Security, executive, on In- to hold hearings on proposed budget estimates for fiscal telligence Budget Overview, 10:00 a.m., H–140 Capitol. year 1998 for Navy and Marine Corps programs, 10 a.m., Subcommittee on VA, HUD and Independent Agen- SD–192. cies, on American Battle Monuments Commission, 10:00 Committee on Armed Services, Subcommittee on Airland a.m., on Court of Veterans Appeals, 11:00 a.m., and on Forces, to hold hearings on S. 450, authorizing funds for DOD—Civil, Cemeterial Expenses, Army, 12:00 p.m., fiscal years 1998 and 1999 for military activities of the H–143 Capitol. Department of Defense, and to prescribe military person- Committee on Education and the Workforce, Subcommittee nel strengths for fiscal years 1998 and 1999, focusing on on Early Childhood, Youth and Families, hearing on Unmanned Aerial Vehicle programs and operations and Charter Schools, 10:00 a.m., 2175 Rayburn. modernization efforts, 10 a.m., SR–222. Committee on Banking, Housing, and Urban Affairs, Sub- Committee on International Relations, hearing to review committee on Housing Opportunity and Community De- ‘‘Does U.N. Peacekeeping Serve U.S. Interests?’’ 10:00 velopment, to hold hearings on S. 462, to reform and a.m., 2172 Rayburn. consolidate the public and assisted housing programs of Committee on National Security, Subcommittee on Mili- the United States, and to redirect primary responsibility tary Procurement and the Subcommittee on Military Re- for these programs from the Federal Government to States search and Development, joint hearing on the fiscal year and localities, 9:30 a.m., SD–538. 1998 Department of Defense authorization request—Un- Committee on Commerce, Science, and Transportation, to manned Aerial Vehicle Programs, 2:00 p.m., 2118 Ray- hold hearings on the nomination of Kenneth M. Mead, burn. of Virginia, to be Inspector General, Department of Committee on Resources, Subcommittee on Fisheries Con- Transportation, 9:30 a.m., SR–253. servation, Wildlife and Oceans, hearing on H.R. 408, to Full Committee, to hold hearings to examine the in- amend the Marine Mammal Protection Act of 1972 to vestigations and responses to aviation accidents, 10 a.m., support the International Dolphin Conservation Program SR–253. in the eastern tropical Pacific Ocean, 2:00 p.m., 1324 Committee on Finance, to hold hearings to examine Med- Longworth. icare payment policies for post-acute care, 10 a.m., Committee on Science, Subcommittee on Basic Research, SD–215. to continue hearings on NSF Authorization Part III, 2:00 Committee on Foreign Relations, Subcommittee on Inter- p.m., 2325 Rayburn. national Economic Policy, Export and Trade Promotion, Subcommittee on Energy and Environment, hearing on to hold hearings on proposed legislation authorizing funds for fiscal year 1998 for the Multilateral Develop- fiscal year 1998 Budget Authorization for Department of ment Bank, 10 a.m., SD–419. Energy, Environmental Protection Agency Research and Full Committee, to continue hearings on the Chemical Development, and National Oceanic and Atmospheric Weapons Convention, 2 p.m., SD–419. Administration; and to mark up H.R. 363, to amend sec- Committee on Governmental Affairs, Subcommittee on tion 2118 of the Energy Policy Act of 1992 to extend Oversight of Government Management, Restructuring the Electric and Magnetic Field Research and Public In- and the District of Columbia, to hold hearings to exam- formation Dissemination Program, 10:00 a.m., 2325 Ray- ine the role of the Department of Commerce in Federal burn. statistical gathering analysis and dissemination, and pro- Subcommittee on Space and Aeronautics, to continue posals for reform and consolidation, 1:30 p.m., SD–342. hearings on fiscal year 1998 NASA Authorization: Inter- Select Committee on Intelligence, to hold closed hearings on national Space Station, 10:00 a.m., 2318 Rayburn. intelligence matters, 2:30 p.m., SH–219. Committee on Standards of Official Conduct, executive, Task Force on Ethics Reform, to continue discussions on House Ethics Reform, 10 a.m., H–313 Capitol. Committee on Agriculture, and the Committee on Re- Committee on Ways and Means, to mark up the follow- sources, joint hearing to review forest ecosystem health ing: H.R. 1001, to extend the term of appointment of conditions in the United States, 11:00 a.m., 1300 Long- certain members of the Prospective Payment Assessment worth. Commission and the Physician Review Commission; and Committee on Appropriations, Subcommittee on Com- the Taxpayer Browsing Protection Act, 10:30 a.m., 1100 merce, Justice, State and Judiciary, on Prisons and Relat- Longworth. ed Issues, 10:00 a.m., and on Maritime Programs, 2:00 p.m., H–309 Capitol. Subcommittee on Human Resources, to mark up H.R. Subcommittee on Energy and Water Development, ex- 1048, Welfare Reform Technical Corrections Act of ecutive, hearing on Atomic Energy Defense Activities, 1997, 4:00 p.m., B–318 Rayburn. 10:00 a.m., 2362–B Rayburn. Permanent Select Committee on Intelligence, executive, hear- Subcommittee on Foreign Operations, Export Financ- ing on the Budget, Part 1: HUMINT, 10 a.m., and, ex- ing, and Related Programs, on Coordinators for the New ecutive, Budget Hearing Part 2: Covert Action, 2 p.m., Independent States, 10:00 a.m., 2360 Rayburn. H–405 Capitol. Subcommittee on Interior, on Department of Energy, 10:00 a.m. and 1:30 p.m., B–308 Rayburn. D306 CONGRESSIONAL RECORD — DAILY DIGEST April 8, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Wednesday, April 9 11 a.m., Wednesday, April 9

Senate Chamber House Chamber Program for Wednesday: After the recognition of six Program for Wednesday: Consideration of H. Res. 107, Senators for speeches and the transaction of any morning providing for consideration of motions to suspend the business (not to extend beyond 1 p.m.), Senate will begin rules and consideration of 2 Suspensions (subject to the consideration of S. 104, Nuclear Waste Policy Act. rule being granted): 1. H.R. 240, Veterans Employment Opportunities Act of 1997; and 2. H.R. 757, the American Samoa Development Act of 1997.

Extensions of Remarks, as inserted in this issue

HOUSE Gallegly, Elton, Calif., E593 Pascrell, Bill, Jr., N.J., E577, E579, E582, E585, E586, Gekas, George W., Pa., E595 E590 Ackerman, Gary L., N.Y., E578, E586 Gibbons, Jim, Nev., E590 Portman, Rob, Ohio, E596 Andrews, Robert E., N.J., E581 Gilman, Benjamin A., N.Y., E578, E580, E582 Ros-Lehtinen, Ileana, Fla., E586, E589 Berry, Marion, Ark., E589 Harman, Jane, Calif., E599 Roukema, Marge, N.J., E596 Blunt, Roy, Mo., E583 Holden, Tim, Pa., E587 Sensenbrenner, F. James, Jr., Wisc., E577 Brown, George E., Jr., Calif., E583 Shuster, Bud, Pa., E587 Kleczka, Gerald D., Wisc., E581 Clay, William (Bill), Mo., E599 Stark, Fortney Pete, Calif., E588, E590 Kucinich, Dennis J., Ohio, E581, E585 Coyne, William J., Pa., E598 Stokes, Louis, Ohio, E591, E598 Davis, Thomas M., Va., E589, E591 McCollum, Bill, Fla., E597 Thompson, Bennie G., Miss., E596 Deutsch, Peter, Fla., E599 Maloney, Carolyn B., N.Y., E579, E580, E583 Traficant, James A., Jr., Ohio, E586 Dixon, Julian C., Calif., E597 Martinez, Matthew G., Calif., E595 Underwood, Robert A., Guam, E578, E585 Duncan, John J., Jr., Tenn., E598 Miller, George, Calif., E579 Visclosky, Peter J., Ind., E579, E581, E585 Dunn, Jennifer, Wash., E588 Moran, James P., Va., E577, E589 Weygand, Robert A., R.I., E580 Franks, Bob, N.J., E590 Ortiz, Solomon P., Tex., E597 Woolsey, Lynn C., Calif., E582

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