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, WEDNESDAY, JUNE 11, 1997 No. 81 House of Representatives The House met at 10 a.m. and was come forward and lead the House in the TIME TO LOOK AT WORKERS’ called to order by the Speaker pro tem- Pledge of Allegiance. RIGHTS IN AMERICA pore [Mr. ROGERS]. Mr. TIAHRT led the Pledge of Alle- (Mr. TRAFICANT asked and was f giance as follows: given permission to address the House I pledge allegiance to the Flag of the for 1 minute and to revise and extend DESIGNATION OF THE SPEAKER United States of America, and to the Repub- his remarks.) PRO TEMPORE lic for which it stands, one nation under God, Mr. TRAFICANT. Mr. Speaker, since The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. 1888, Reznor heaters were made in Mer- fore the House the following commu- f cer, PA. Yesterday, Reznor executives nication from the Speaker: BALANCED BUDGET REPRESENTS told their workers if you do not accept WASHINGTON, DC, A NEW ERA the $2.20 an hour cut, we will move the June 11, 1997. plant to Mexico; take it or leave it. I hereby designate the Honorable HAROLD (Mr. BOB SCHAFFER of Colorado Four hundred dollars a month, $5,200 a ROGERS to act as Speaker pro tempore on asked and was given permission to ad- year, $15,600 in cuts over the life of a 3- this day. dress the House for 1 minute and to re- year contract. Take it or leave it, NEWT GINGRICH, vise and extend his remarks.) Speaker of the House of Representatives. workers. We will go to Mexico. Mr. BOB SCHAFFER of Colorado. Shame, Congress. Mr. Speaker, f Mr. Speaker, the liberals are nervous. Reznor executives are holding the gun The tax-and-spend crowd is outraged. PRAYER to their workers’ heads. The Congress The big government supporters of the of the United States is pulling the trig- The Chaplain, Rev. James David status quo have declared war. ger all around America. Shame, Con- Ford, D.D., offered the following pray- And what is all the fuss about? gress. How about some more NAFTA? I er: The reason for the anxiety is pretty think it is time to take a look at the We are ever indebted, O loving God, clear. Those who built the welfare rights of American workers. I yield that Your spirit is with us from the ex- state over the past 40 years are about back any jobs that might be left. hilarating moments of gladness to have their credit card taken away. f through the valley of the shadow of What I hold in my hand, Mr. Speaker, death. When we celebrate the wonders is my congressional voting card. It is PRESIDENT WANTS TO SHUT THE of faith and hope, Your presence sur- given to each Member of Congress. For GOVERNMENT DOWN rounds us and makes us whole; when some it is like a credit card. We stick (Mr. TIAHRT asked and was given we miss the mark and the shadows it in the box, we press the button and permission to address the House for 1 close upon us, Your still small voice we spend and spend and spend, and my minute and to revise and extend his re- rescues us, forgives us, and nourishes children and your children are given marks.) us along the way. For the gift of Your the bill. Mr. TIAHRT. Mr. Speaker, the Presi- abiding spirit wherever we are, we offer Well, guess what, Mr. Speaker? After dent wants to shut the Government this prayer of thanksgiving and praise. 40 years of big government liberalism, down. The President wants to shut the Amen. the frenzy of credit card madness is Government down. That is the reason f about to end. for his veto on the disaster relief bill. With nothing to show for it but $5 He said it was not a clean bill, that THE JOURNAL trillion in debt and thousands of bro- there are riders. Can any of us name a The SPEAKER pro tempore. The ken liberal promises, Washington is spending bill that does not have riders? Chair has examined the Journal of the about to act responsibly for the first This one went from $4.8 billion at his last day’s proceedings and announces time in memory. Washington now has request up to $8.4 billion. We have for- to the House his approval thereof. the opportunity to pass a balanced ward funding of FEMA, we have Bosnia Pursuant to clause 1, rule I, the Jour- budget with tax cuts, an absolute relief, and we have other things. One nal stands approved. nightmare to those who built the wel- rider says that if Congress and the f fare state over the last 40 years. President cannot reach an agreement, But their day is past. This balanced we will continue government until, PLEDGE OF ALLEGIANCE budget represents a new era. Mr. until, we work out our differences. The SPEAKER pro tempore. Will the Speaker, the era of credit card madness That is a good thing. Certainly no rea- gentleman from Kansas [Mr. TIAHRT] is over. son for a veto.

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.

H3665 H3666 CONGRESSIONAL RECORD — HOUSE June 11, 1997 The bottom line is the President Mr. Speaker, with all due respect, Now that the truth has been told, thinks it is more important to shut the this is exactly the kind of thinking there is no legal obligation by DOE to Government down than provide relief that got us in this trouble in the first accept nuclear waste by January 31, for those who suffered from a disaster. place. The balanced budget agreement 1998. We should not let false informa- Mr. Speaker, the President wants to gets it right and puts more money in tion or tactics scare us. Vote ‘‘no’’ on shut the Government down. the pockets of American families. 1270. f f f AMERICA NEEDS HIGH EDUCATION REPUBLICAN TAX BILL: A BAD PROPOSED EPA OZONE AND PAR- STANDARDS BILL GETS WORSE TICULATE MATTER STANDARDS (Mr. ETHERIDGE asked and was (Mr. MILLER of California asked and (Mr. GOODE asked and was given given permission to address the House was given permission to address the permission to address the House for 1 for 1 minute and to revise and extend House for 1 minute and to revise and minute and to revise and extend his re- his remarks.) extend his remarks.) marks.) Mr. ETHERIDGE. Mr. Speaker, Mr. MILLER of California. Mr. Mr. GOODE. Mr. Speaker, as a result America needs high education stand- Speaker, the reviews of the Republican of the 1990 Clean Air Act amendments, ards, and I rise today to urge my col- tax bill are pouring in. A bad bill gets America’s air quality has improved and leagues to sign on to my resolution in worse. A favor-the-rich tax plan. Loop- those improvements are continuing. support of educational standards of ex- hole-filled tax cuts are an economic Yet after industries have expended bil- cellence. time bomb. lions of dollars, and even before the im- This simple resolution is a common- What we are now seeing is, after peo- provements that will result have been sense approach to improving education ple have a chance to review the Repub- fully realized, America’s economy faces in this country. As a former State su- lican tax bill, they now understand additional regulation. perintendent of my State’s public that over 60 percent of the tax cuts go Mr. Speaker, now is not the time to schools, I know firsthand that setting to people in the top 5 percent of income burden America’s economy further. An high standards and equipping our stu- in America. And corporations over example is an industry that provides dents and teachers with the tools they time would again go back to paying no employment to nearly 9,000 men and need to meet those standards is the taxes at all for the privileges that women in the Fifth District of Vir- best way to assure quality education in American society extends to them. ginia. Over a year and a half period, And how do they pay for these ex- our schools for all of our children. This the wood furniture and related indus- ploding tax cuts that will make the Congress must take aggressive action tries engaged in a negotiated rule- deficit worse? They want to take peo- to provide leadership that is needed to ple who are eligible for Medicare at 65 making with the EPA, the American raise educational standards. and make them eligible at 67. That Lung Association, the Sierra Club, En- Yesterday, I received a letter of sup- means millions of workers who retire vironmental Defense Fund, and others. port from the Council of Chief State or are laid off at their jobs at 58, 59, 60- The rulemaking resulted in an agree- School Officers, which represents the years-old, will have to wait 7 years to ment that would cost the industry an educational policy leadership in each have health care coverage. They want estimated half billion dollars and of the 50 States in this country. This to take poor elderly women, who have would substantially reduce smog-caus- letter reads in part: the smallest pensions, and tell them ing emissions and title 3 pollutants. The Council * * * is pleased to support they will not pay for their Medicare, Mr. Speaker, the agency called this your resolution urging States to adopt chal- and they want to penalize families that process a credit to industry, environ- lenging academic standards and tests to mental and governmental cooperation. measure student achievement. put their children into day care and not give them the tax cuts. But almost before the ink was dry, the Later this week I will introduce my f agency was back proposing more bur- bill, and I urge my colleagues to join densome regulations that their own with the chief State school officers in THE TRUTH ABOUT LAWSUIT scientific advisory committee cannot each State in support of the edu- AGAINST DOE REGARDING NU- agree will have significant health and cational standards resolution. CLEAR WASTE environmental benefits. f (Mr. GIBBONS asked and was given Mr. Speaker, I know that there are many of us here who are willing to work for standards BALANCED BUDGET AGREEMENT permission to address the House for 1 based on quality science and health and envi- PUTS MORE MONEY IN POCKETS minute and to revise and extend his re- ronmental benefitsÐbut not these regulations OF AMERICAN FAMILIES marks.) Mr. GIBBONS. Mr. Speaker, this and not at this time. (Mr. KNOLLENBERG asked and was morning I want to dispel a myth and f given permission to address the House share with my colleagues the truth NO TAXATION WITHOUT for 1 minute and to revise and extend about a lawsuit against the Depart- his remarks.) ment of Energy regarding nuclear RESPIRATION Mr. KNOLLENBERG. Mr. Speaker, I waste. Many falsely claim that it (Mr. PARKER asked and was given keep hearing from my liberal friends forced DOD to accept this garbage by permission to address the House for 1 who are outraged that Congress is try- January 31, 1998. minute and to revise and extend his re- ing to cut taxes. They look at Washing- However, the Department of Energy marks.) ton and they know that Congress is advised its contract holders that it an- Mr. PARKER. Mr. Speaker, Washing- trying to balance the budget and they ticipated that it will be unable to begin ton is confiscating the American simply cannot understand why Repub- acceptance of spent nuclear fuel for dream. Family farmers and small busi- licans are calling for tax cuts. disposal by January 31, 1998. The Office ness owners work their entire lives to Well, Mr. Speaker, should Congress of Civilian Radioactive Waste Manage- earn a living and build a farm or a balance the budget first and then cut ment contends that the delay in dispos- business they and their children can be taxes? The answer is no. To say that we ing of the contract holders’ spent fuel proud of. Then, at the moment of cannot balance the budget and cut is an unavoidable delay and, according greatest family grieving, when the taxes is to forget what that assumes. It to DOE, is not liable for failure to per- owner dies, the IRS steps in to take up assumes that Washington cannot cut form under the terms of the contract. to 55 percent of that farm or that busi- spending more. It assumes that Wash- The contract states that neither the ness. The IRS calls this the estate tax. ington should continue to take much of Government nor the contract holder This is a death tax. It is a tax for your money while it is waiting to get shall be liable for damages caused by dying. its act together. It assumes that Wash- failure to perform its obligations, if The farmer and the businessperson ington should do the wrong thing for such failure arises out of causes beyond have paid income taxes, self-employ- just a few more years while it is wait- control and without fault or negligence ment taxes, property taxes, and school ing to put its financial house in order. of the party. taxes. After all that, Washington wants June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3667 to take up to 55 percent more just be- achievement. I truly am honored today PASS DISASTER RELIEF cause the owner died; no other reason. to have so many of the communities of (Ms. DELAURO asked and was given b 1015 Monmouth County as part of my con- permission to address the House for 1 gressional district of New Jersey. Death and taxes may be inevitable, minute and to revise and extend her re- but they do not have to happen at the f marks.) same time. It is time for Members of Ms. DELAURO. Mr. Speaker, last HONORING ST. JOSEPH: ALL- night House Democrats joined our col- this body to realize that we should AMERICAN CITY have no taxation without respiration. leagues from the other body in an all- f (Ms. DANNER asked and was given night vigil to protest the majority par- permission to address the House for 1 ty’s failure to pass disaster relief legis- ENACT FLOOD RELIEF TODAY minute and to revise and extend her re- lation. I think the public has some idea (Mr. POMEROY asked and was given marks.) of the incomprehensibility of my Re- permission to address the House for 1 Ms. DANNER. Mr. Speaker, it is with publican colleagues’ view of this piece minute and to revise and extend his re- great pride that I recognize the city of of legislation. They just do not get it. marks.) St. Joseph, MO, for earning the All- We worked through the night to send Mr. POMEROY. Mr. Speaker, today American award from the National a simple message to our Republican many inside the Washington Beltway Civic League. St. Joseph is a city rich colleagues: Democrats are serious are gleefully calculating who is win- in history. The wagon trains that about disaster relief, and we are willing ning and who is losing in the disastrous opened the West departed from St. Jo- to work around the clock if necessary supplemental debate. Is it Congress seph. Gold rushers crowded its streets to do that to get the job done. There that has lost because they failed to on the way to California, and it was are thousands of families in the Mid- timely pass a bill? Is it the President from St. Joseph that an icon of western west. They are desperately waiting for who has lost because he vetoed the bill adventure, the Pony Express rider, Federal assistance so that they can with the extraneous riders? began his journey and a favorite of begin to rebuild their lives again. Fam- I will tell my colleagues who has western lore, Jesse James, ended his. ilies in Minnesota, the Dakotas and in lost. The people of Grand Forks, ND, This award recognizes St. Joseph for over 30 States across this country are without homes that have been dev- its civic accomplishments. The Neigh- waiting for these disaster relief funds. astated by the flood; they are the real borhood Partnership Revitalization Ef- It is a disgrace that the majority party victims. But I actually think it goes fort, the Healthy Communities Quality has chosen to load the bill up with ex- beyond that. When the American peo- of Life Program, and the city’s historic traneous provisions. They know it. ple see a disaster that Congress cannot and heroic recovery efforts after the They have acknowledged it. respond to, I think they feel less con- devastating 1993 flood have earned St. The gentleman from Georgia [Mr. fidence in their Government, and ev- Joseph this distinction. St. Joseph GINGRICH], the Speaker, has said this is eryone loses. residents have always known how spe- a bill to embarrass the President of the We had a wonderful bipartisan effort cial their community is. Now the rest United States. This debate, these is- in building a responsive relief bill. I of the world knows. sues ought to be debated another time. hope today represents the day when f Pass the disaster relief bill. Help peo- this bipartisanship will again reemerge ple in the United States make their in this body and will actually get the SAMPLEMATICS way. bill enacted. Legislation does nothing (Mr. KINGSTON asked and was given f to help people without enactment. permission to address the House for 1 It is time to put partisan differences minute and to revise and extend his re- A BALANCED BUDGET AND aside, pull together, and get the job marks.) PAYING OFF THE FEDERAL DEBT done. People are hurting very, very Mr. KINGSTON. Mr. Speaker, to un- (Mr. NEUMANN asked and was given badly and they desperately need the derstand why the President vetoed the permission to address the House for 1 flood relief. Let us enact it today. disaster bill, thus denying many of the minute and to revise and extend his re- f victims the needed relief, we have to marks.) MONMOUTH COUNTY, NJ, A FINE understand samplematics. Sample Mr. NEUMANN. Mr. Speaker, I rise PLACE TO LIVE matics is yet another Democrat at- this morning and I would like to use (Mr. PAPPAS asked and was given tempt to redo mathematics as we know my 1 minute to provide a positive vi- permission to address the House for 1 it. sion for the future of this great coun- minute and to revise and extend his re- It works like this. Let us look at tra- try that we live in. The first part of marks.) ditional math. The traditional math that vision would include the Repub- Mr. PAPPAS. Mr. Speaker, I rise this will tell us, if we have 10 people in this lican-led Congress working with their morning to acknowledge Monmouth House, 5 in this House, and 10 in this counterparts on the other side of the County, NJ, one of the five counties House, we would have a total of 25 peo- aisle to fulfill our promises of 1995. that make up my congressional dis- ple. Correct? Similar Math 101, no big We promised the American people a trict. Monmouth County has been rec- problem. balanced budget so our children could ognized by Money magazine as the Samplematics, according to the look forward to living the American third best place to live in America. Ac- Democrats, if we have 10 people in this dream in this great country. But the cording to the magazine, ‘‘For people building, we count 10; 5 in this one, we promise cannot end there and the vi- who like to live near but not in big count 5. The third building, we take a sion cannot end there. After we get to cities, there may be no better locale.’’ lunch break, so we just say, well, that a balanced budget, we still have a $5 The low crime rate, beautiful and building might have 50 people in it; trillion debt, which means our families scenic area, and deep sense of commu- and, therefore, we come up with 65. are paying $500 a month to do nothing nity may have gone previously unno- Even though the Constitution, even but pay the interest on that debt. ticed by Money, but it has been no se- though the law says we have to count So this vision, it needs to be bigger cret to us in New Jersey. Monmouth people in a census head by head, what than just balancing the budget, it County consists of 53 towns that serve the Democrats want to do is give cen- needs to go to the point of paying off as a model of what many towns strive sus the day off and say, estimate when that Federal debt so our families no to be and of what many people look for you feel like it. That is samplematics. longer need to send $500 a month to in a community. For many people, That is why the President of the Unit- Washington; they can keep it in their Monmouth County is a place to settle ed States canceled disaster relief, and own households instead. When we pay down, raise a family, and relish in the that is why we in Congress have to down that debt, the money goes back American dream come true. send him a message to quit playing into the Social Security trust fund as I congratulate the people of Mon- games and give the people the relief well so our seniors can rest assured the mouth County on their distinguished they need. money is there. H3668 CONGRESSIONAL RECORD — HOUSE June 11, 1997 So I rise this morning to bring our pretty reasonable to me. Apparently, I think the President is being abso- vision for the future of this great coun- President Clinton feels otherwise. lutely unreasonable on this because try to the American people. Our vision Mr. Speaker, President Reagan’s ex- there is money, as I say, in there for includes a balanced budget, fulfilling ecutive order was issued to protect Bosnia, there is money in there for our promises of 1995, and it also in- American families from intrusive and parking ramps, there is a lot more cludes paying off the Federal debt so overreaching government bureaucrats. money in there, and incidentally, there that our families do not have to send By revoking that commonsense order, is money in there that the President $500 a month to Washington and our President Clinton clearly showed us all did not request. It is money for reloca- seniors can rest assured with Social Se- where his loyalties lie. tion, and that is very important money curity. The score: Big Government 1, Amer- for the folks up in the Red River Val- f ican families 0. ley. So if we wait for all the lights to f turn green, we are never going to leave NEW CLEAN AIR STANDARDS ARE the house. MISGUIDED SAY NO TO MFN FOR CHINA Now why is the President holding up (Mr. DOYLE asked and was given (Mr. SANDERS asked and was given this flood relief money? Because he permission to address the House for 1 permission to address the House for 1 does not like the anti-Government minute and to revise and extend his re- minute.) shutdown provision in it. Is there any marks.) Mr. SANDERS. Mr. Speaker, I am de- Member in this body that will stand on Mr. DOYLE. Mr. Speaker, EPA is lighted that the House passed an this floor and say they want to make moving forward with new clean air amendment that I offered yesterday de- certain that we have the chance to standards that are, at best, misguided. manding that Ngawang Choephel, a close down the Government come Octo- How can Administrator Browner say young Tibetan who studied music at ber 1? If they believe that, they ought that we know all there is to know Middlebury College in Vermont, be re- to come to the floor and say that. about particulate matter when EPA leased immediately from a Chinese jail f has identified it as one of its six high- where he is being held on trumped up priority research topics because of a charges. IN SUPPORT OF A CLEAN DISAS- high degree of uncertainty about the Unfortunately, however, Ngawang TER RELIEF APPROPRIATION size and composition of the particles Choephel is not alone as a political (Ms. VELA´ ZQUEZ asked and was that may be responsible for adverse prisoner in China. In fact, there are given permission to address the House health effects. large numbers of them. According to for 1 minute.) Mr. Speaker, I have spent my whole the U.S. State Department’s own Ms. VELA´ ZQUEZ. Mr. Speaker, the life in Pittsburgh, and people there human rights report released earlier President asked the Republicans for a value clean air as much as anyone. We this year: clean disaster relief bill 84 days ago, 84 have a State implementation plan in All public dissent against the party and days. Instead, they sent the President place right now, and the air keeps get- government was effectively silenced by in- a bill that tells the government how to ting cleaner. With new standards, the timidation, exile, and the imposition of pris- conduct the census. I ask my col- air will not get cleaner, as new regu- on terms. No dissidents were known to be ac- leagues across the aisle, what does the tive at year’s end. latory deadlines will supersede existing census have to do with the disaster re- ones. Mr. Speaker, Congress should not be lief? With the stakeholder process, our supporting most-favored-nation status The Democrats want to vote on a community has come together to ex- with China when that country has ab- clean bill, but the Republicans will not amine how to meet our air quality solutely no respect for civil liberties. let us. The Democrats want to help the needs. I would note that, after partici- Congress should not be supporting people of the Midwest to rebuild their pating in this rigorous process, the most-favored-nation status with China lives, but the Republicans will not let Western Pennsylvania Chapter of the when we have a $39 billion trade deficit us. Mr. Speaker, the Republicans are American Lung Association, despite with them and when corporate America playing politics with people’s lives. threats from the national organization, is throwing American workers out on They know that, if they pass a clean opposes the new standards. the street as they move factories to spending bill to help the flood victims, If anyone at EPA believes that imple- China and hire workers there for 20 or the President will sign it. But they will menting these standards will not have 30 cents an hour. not do it. any economic impact, I invite them to Let us say yes to the freedom of Mr. Speaker, this is wrong. How walk with me in the Mon Valley sec- Ngawang Choephel and no to MFN with many times must we say it? People are tion of Pittsburgh and explain to those China. suffering and we have got to help them. people where those industries have f Give us a clean disaster relief bill. gone. FLOOD RELIEF b f 1030 (Mr. GUTKNECHT asked and was f PRESIDENT CLINTON REVOKES given permission to address the House REAGAN PRO-FAMILY ORDER for 1 minute and to revise and extend KEEP GOVERNMENT OPEN AND (Mr. CHABOT asked and was given his remarks.) OPERATING permission to address the House for 1 Mr. GUTKNECHT. Mr. Speaker, I rise (Mr. SMITH of Michigan asked and minute.) out of frustration today about what is was given permission to address the Mr. CHABOT. Mr. Speaker, some- happening with the flood relief money House for 1 minute and to revise and times we have just got to wonder what for northwestern Minnesota and the extend his remarks.) they are thinking about sometimes Dakotas. But I am mostly frustrated Mr. SMITH of Michigan. Let me give down at 1600 Pennsylvania Avenue. with some of the rhetoric, and I am Members my ideas why the President What is the President up to now? very disappointed with the some of my does not like the provision in the disas- Well, here is a quote from a recent colleagues for trying to turn this into ter relief bill that would continue Gov- Washington Times article: a partisan political issue. ernment operations at 100 percent of In a single sentence, President Clinton last Some people say, ‘‘Well, this bill is the previous year’s level if for some month quietly revoked an executive order is- not perfect.’’ Absolutely it is not per- reason an appropriation was not passed sued by President Reagan that required that fect. There is money in there for the into law. It is because if the President all Federal policies be assessed as helpful or troops in Bosnia. I do not support that. passes that provision, he feels he can- harmful to families. There are a lot of other things in this not force Congress to put in those in- Now, President Reagan’s 1987 order bill that I do not support. But if I wait creases in appropriation bills that he was issued so that any new Federal pol- for the bill that is perfect, that has would like to have. He found out in the icy would take into account its effects only in the bill what I absolutely agree last 2 years that he can win in deciding on American families. Now that sounds with, we are never going to get a bill. how much to spend on social programs June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3669 by vetoing appropriation bills and close on this morning, and I ask our col- United States, has developed a deadly down Government. He has learned and leagues to note that this bill, H.R. 1757, new missile whose purpose is to kill he thinks he knows that with the help contains no foreign aid and no U.N. ar- American sailors. It is a supersonic of the liberal press he can spin this po- rearages. These matters will be taken cruise missile that is almost impos- litically so he can demand any spend- up later in separate legislation. sible to defend against, which skims ing he wants out of Congress in those This bill before us carries out the along the ocean at supersonic speeds appropriation bills and simply say, ‘‘If promise we made to the American peo- and is designed to attack Aegis cruis- you don’t put in those appropriation ple to reform our international affairs ers and American aircraft carriers. It bills that I, the President, want, then bureaucracies designed to fight the will cause havoc in the Straits of I’m going to veto it and any govern- cold war. The bill will consolidate two Hormuz, in the Straits of Taiwan. It ment close-down is going to be the Re- Federal agencies, USIA and ACDA, into will lead to situations where our sail- publicans fault. the State Department. ors in great numbers, tens of thousands If worse comes to worse, it is reason- The bill also contains other impor- of them, will be vulnerable to be killed able to keep Government open and op- tant features, including provisions to by this weapon. erating at 100 percent of the previous tighten the economic squeeze on Cuba’s The Russians now are proposing to year’s level, and not let the President Castro, provisions to nail deadbeat dip- transfer this weapons system to China. of the United States take over the lomats, provisions to apply the My amendment says if they do that, we spending responsibility of the legisla- MacBride employment principles in should cut off the aid that we are giv- tive branch and dictate to Congress Northern Ireland, and provisions to im- ing to Russia. It is that simple. what is going to be in those appropria- plement the construction of our United Mr. Speaker, I ask for support for the tion bills. States Embassy in Jerusalem. Rohrabacher amendment. f Mr. Speaker, I strongly urge our col- f leagues to support this State Depart- RESERVATIONS ABOUT OZONE PASS FAIR DISASTER AND TAX ment authorization bill that will be be- BILLS AND PARTICULATE MATTER fore the House later on this morning. REGULATIONS (Ms. JACKSON-LEE of Texas asked f and was given permission to address (Mr. WISE asked and was given per- the House for 1 minute and to revise GIVE PRESIDENT A CLEAN mission to address the House for 1 minute.) and extend her remarks.) DISASTER BILL Mr. WISE. Interesting note, Mr. Ms. JACKSON-LEE of Texas. Mr. (Mr. LEWIS of Georgia asked and was Speaker. Does anybody think it a little Speaker, I can tell my colleagues what given permission to address the House strange that some of my colleagues all of us want on the Democratic side for 1 minute and to revise and extend from the other side, in protesting the his remarks.) of the aisle. We want fair and clean leg- President’s veto of the disaster assist- Mr. LEWIS of Georgia. Mr. Speaker, islation to help the people in the Mid- ance bill, go through long explanations I rise today because the Republicans west and we, yes, want the bag of of the census and Government shut- are at it again. Our President has re- tricks to stop, the trickery that the downs? That is the problem. They are Republicans are trying to play on the quested emergency funds to help flood not supposed to be on a disaster assist- American people. victims in the Midwest. One more time ance bill, but that is not why I rise Frankly, this supplemental appro- the Republicans have put partisan poli- today. priation bill does two damaging things. tics above the needs of the American I rise today, Mr. Speaker, to talk One, it says that the balanced budget people. Republicans insist on trying to about the Environmental Protection deal is not really a deal. It says that put their pet political projects into the Agency and to express my concerns the promise of $1.5 billion to help our emergency relief bill. about the ozone and particulate matter seniors with Medicare premiums, we We are trying to help those who have regulations that are being proposed. will not have to commit to that nor lost their homes, their businesses and My concern, Mr. Speaker, is not that I will we have to give you that. That is their possessions acquired through a am opposed to clean air, and indeed I why we want to put in the supple- lifetime of hard work. If there is a role put my support for clean air legislation mental appropriation bill some kind of for the Federal Government, this is it. up there with just about anybody language that keeps the Government We are a caring and compassionate na- else’s. My concern is that in this major doors open, not because we care about tion. We must help those in trouble and legislation that will designate many of that but because we want to bust the stricken with misfortune. our areas as nonattainment that have budget and we do not want you to do It is a shame and a disgrace that previously been attainment areas, that anything about it. once again the Republicans are holding in this important area of discussion The census? That is not relevant to flood victims hostage. Putting politics there has been no discussion, or rel- appropriations for the people in need. above the needs of the people is wrong, atively little discussion, about the im- It is the same kind of trickery over and just plain wrong. Stop playing political pact. over again. It is the same way with the games with people’s lives, Mr. Speaker. I do not remember in my career in Republican tax plan, a plan for the Give this President a clean disaster Congress such a change of great mag- rich, not for small businesses, not for bill. nitude with so little public discussion. middle income or low income individ- f It certainly ought to be discussed more uals who send their children to the SUPPORT ROHRABACHER AMEND- in the public, it ought to be discussed lowest income colleges. There is no MENT TO FOREIGN RELATIONS more in the Congress. That is why I money in there for them. AUTHORIZATION BILL have joined others in urging Adminis- Mr. Speaker, let us get away from trator Browner not to proceed with the bag of tricks. Give the money to (Mr. ROHRABACHER asked and was these regulations as written, but to the people in the Midwest and pass a given permission to address the House take the advice of many others, includ- fair tax bill. for 1 minute and to revise and extend ing, I might add, some of their own ad- f his remarks.) visory bodies to the EPA that have ex- Mr. ROHRABACHER. Mr. Speaker, in SUPPORT THE STATE DEPART- pressed reservations about them. a few moments we will be discussing on f MENT AUTHORIZATION BILL the floor the foreign relations author- (Mr. GILMAN asked and was given ization bill. The first vote today will REMOVAL OF NAME OF MEMBER permission to address the House for 1 come in a few moments after that, AS COSPONSOR OF H.R. 663 minute and to revise and extend his re- when this body will vote on an amend- Mr. BARCIA. Mr. Speaker, I ask marks.) ment that I have proposed. unanimous consent that my name be Mr. GILMAN. Mr. Speaker, I rise in The Rohrabacher amendment is very removed as a cosponsor of H.R. 663. support of the State Department au- simple. Russia, who is the recipient of The SPEAKER pro tempore (Mr. thorization bill which we will be voting $95 million of foreign aid from the KINGSTON). Is there objection to the re- H3670 CONGRESSIONAL RECORD — HOUSE June 11, 1997 quest of the gentleman from Michigan? ANNOUNCEMENT BY THE CHAIRMAN PRO Lipinski Pelosi Shuster There was no objection. TEMPORE Livingston Peterson (MN) Skeen LoBiondo Peterson (PA) Skelton f The CHAIRMAN pro tempore. Pursu- Lucas Petri Smith, Linda ant to House Resolution 159, proceed- Luther Pickering Snowbarger FOREIGN RELATIONS AUTHORIZA- ings will now resume on the amend- Manzullo Pitts Solomon TION ACT, FISCAL YEARS 1998 Markey Pombo Souder ment offered by the gentleman from AND 1999 Mascara Portman Spence California [Mr. ROHRABACHER], on McCollum Poshard Stark The SPEAKER pro tempore. Pursu- which further proceedings were post- McCrery Pryce (OH) Stearns ant to House Resolution 159 and rule poned on Tuesday, June 10, 1997. McHale Quinn Stump XXIII, the Chair declares the House in McHugh Radanovich Sununu AMENDMENT OFFERED BY MR. ROHRABACHER McInnis Ramstad Talent the Committee of the Whole House on The CHAIRMAN pro tempore. The McIntosh Redmond Tanner the State of the Union for the further McIntyre Riggs Tauzin unfinished business is the demand for a consideration of the bill, H.R. 1757. McKeon Riley Taylor (MS) recorded vote on the amendment of- McKinney Rivers Thomas b 1038 fered by the gentleman from California Meehan Rogan Thornberry Metcalf Rogers Thune IN THE COMMITTEE OF THE WHOLE [Mr. ROHRABACHER] on which further Mica Rohrabacher Thurman Accordingly the House resolved itself proceedings were postponed and on Miller (CA) Ros-Lehtinen Tiahrt into the Committee of the Whole House which the noes prevailed by voice vote. Moran (KS) Royce Tierney The Clerk will designate the amend- Myrick Ryun Traficant on the State of the Union for the fur- Neal Salmon Turner ther consideration of the bill (H.R. ment. Nethercutt Sanders Upton 1757) to consolidate international af- The text of the amendment is as fol- Neumann Sanford Wamp fairs agencies, to authorize appropria- lows: Ney Saxton Watkins Northup Scarborough Watts (OK) tions for the Department of State and Amendment offered by Mr. ROHRABACHER: Norwood Schaefer, Dan Weldon (FL) related agencies for fiscal years 1998 At the end of the bill add the following Nussle Schaffer, Bob Weller and 1999, and for other purposes, with (and conform the table of contents accord- Packard Sensenbrenner Whitfield ingly): Pappas Sessions Wicker Mr. ROGERS (Chairman pro tempore) in Parker Shadegg Wolf the chair. DIVISION C—MISCELLANEOUS Paul Shaw Wynn The Clerk read the title of the bill. PROVISIONS Paxon Shays Young (AK) Pease Shimkus Young (FL) The CHAIRMAN pro tempore. When SEC. 2001. ASSISTANCE FOR THE RUSSIAN FED- the Committee of the Whole rose on ERATION. NOES—190 Tuesday, June 10, 1997, the amendment None of the funds made available to carry Ackerman Gejdenson Miller (FL) offered by the gentleman from Penn- out chapter 11 of part I of the Foreign Assist- Allen Gekas Minge sylvania [Mr. FOX] had been disposed ance Act of 1961 (22 U.S.C. 2295 et seq.) for fis- Andrews Gephardt Mink cal years 1998 and 1999 may be made avail- Baesler Gilman Moakley of. Baldacci Goss Moran (VA) Pursuant to the order of the House of able for the Russian Federation if the Rus- sian Federation, on or after the date of the Ballenger Graham Morella that day, no further amendments are enactment of this Act, transfers an SS–N–22 Bass Hall (OH) Murtha in order except: The amendments en Bateman Hamilton Nadler missile system to the People’s Republic of Becerra Harman Oberstar bloc by the gentleman from New York China. Bentsen Hastings (FL) Obey [Mr. GILMAN] pursuant to the order of RECORDED VOTE Bereuter Hefner Olver Berman Hilliard Ortiz the House of Thursday, June 5, 1997; The CHAIRMAN pro tempore. A re- and the amendment by the gentleman Berry Hinojosa Owens corded vote has been demanded. Bilirakis Hooley Oxley from South Carolina [Mr. SANFORD] re- A recorded vote was ordered. Bishop Horn Pallone garding authorization levels. Blagojevich Houghton Pascrell The vote was taken by electronic de- Each amendment will be debatable Bliley Hoyer Pastor vice, and there were—ayes 225, noes 190, under the 5-minute rule. Blumenauer Hyde Payne not voting 19, as follows: Boehlert Jackson (IL) Pickett Mr. GILMAN. Mr. Chairman, I ask Bonior Jackson-Lee Pomeroy unanimous consent to strike the last [Roll No. 178] Borski (TX) Porter word. AYES—225 Boswell Jefferson Price (NC) Boucher John Rahall The CHAIRMAN pro tempore. With- Abercrombie Combest Granger Brown (CA) Johnson (CT) Rangel Aderholt Condit Green out objection, the gentleman from New Brown (FL) Johnson (WI) Regula Archer Cook Greenwood York is recognized for 5 minutes. Brown (OH) Johnson, E.B. Reyes Armey Cooksey Gutknecht Capps Kanjorski Rodriguez There was no objection. Bachus Costello Hall (TX) Carson Kennedy (MA) Roemer Mr. GILMAN. Mr. Chairman, this Baker Cox Hansen Clay Kennedy (RI) Rothman Barcia Cramer Hastert morning we are, as the Chair indicated, Clayton Kennelly Roukema Barr Crapo Hastings (WA) resuming consideration of H.R. 1757, Clyburn Kildee Roybal-Allard Barrett (NE) Cubin Hayworth Conyers Kilpatrick Rush our foreign relations authorization Barrett (WI) Cunningham Hefley Coyne Kind (WI) Sabo Bartlett Danner Herger measure. We have a few amendments to Cummings King (NY) Sanchez Barton Davis (VA) Hill consider today and will be then pre- Davis (FL) Klink Sandlin Bilbray Deal Hilleary DeGette Knollenberg Sawyer pared to move to final passage. Blunt DeFazio Hinchey Delahunt Kolbe Scott Through extensive deliberation, we Bonilla DeLay Hobson DeLauro Kucinich Serrano Bono Diaz-Balart Hoekstra have developed an en bloc amendment Dellums LaFalce Sherman Boyd Dickey Holden that will merge the Arms Control and Deutsch LaHood Sisisky Brady Doggett Hostettler Dicks Lampson Skaggs Disarmament Agency into the State Bryant Dreier Hulshof Dingell Lantos Slaughter Department. This locks in the Presi- Bunning Duncan Hunter Dixon Levin Smith (MI) Burr Dunn Hutchinson dent’s decision to reorganize the for- Dooley Lewis (CA) Smith (NJ) Burton Ehlers Inglis eign affairs agencies. Doyle Lewis (GA) Smith (OR) Buyer Emerson Istook Edwards Lofgren Smith, Adam The first order of business will be a Callahan English Jenkins Ehrlich Lowey Snyder vote on the Rohrabacher amendment Calvert Ensign Johnson, Sam Eshoo Maloney (CT) Spratt Camp Everett Jones to restrict aid to Russia because of Etheridge Maloney (NY) Stabenow Campbell Fawell Kaptur missile deliveries to China. Following Evans Manton Stokes Canady Foley Kasich Ewing Martinez Strickland that, we will take up the Sanford Cannon Fowler Kelly Fattah Matsui Stupak Cardin Fox Kim amendment to reduce funding levels to Fazio McCarthy (MO) Tauscher Castle Franks (NJ) Kingston fiscal 1997 levels. Finally, we will con- Filner McCarthy (NY) Taylor (NC) Chabot Gallegly Kleczka Foglietta McDade Thompson sider the foreign affairs agencies con- Chambliss Gibbons Klug Ford McDermott Torres solidation, and then go on to final pas- Chenoweth Gilchrest Largent Frank (MA) McGovern Towns Christensen Gillmor Latham sage. Frelinghuysen Meek Velazquez Clement Goode LaTourette In totality, this is a bipartisan bill Frost Menendez Vento Coble Goodlatte Lazio Furse Millender- Visclosky and we hope to have the support of our Coburn Goodling Leach Ganske McDonald Waters colleagues on the measure. Collins Gordon Lewis (KY) June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3671 Watt (NC) Wexler Wise cause I think it is what our children ment, an amendment that I believe is Waxman Weygand Woolsey Weldon (PA) White Yates are looking for. Lawrence Kotklikoff shortsighted. Mr. Chairman, foreign up at the University of Boston did a aid is not a frivolous expense of the NOT VOTING—19 study on a thing called generational United States tax dollar, especially Boehner Forbes Schiff accounting, and in this study they when it is in the form of funds to sup- Crane Gonzalez Schumer Davis (IL) Gutierrez Smith (TX) looked at the imputed lifetime tax for port the State Department and our em- Doolittle Linder Stenholm a child born into America today; I bassies abroad which serve to represent Engel McNulty Walsh mean for each of my three young sons, U.S. political and economic interests Farr Molinari Marshall 4, Landon, 3 and Bolton, 1, for overseas. Flake Mollohan each of those children, the imputed The men and women who work in our b 1104 lifetime tax is 84 percent. To me that is missions overseas are not living in the Messrs. FROST, EWING, and unconscionable. That either means the lap of luxury. To the contrary, let me KNOLLENBERG changed their vote equivalent of economic enslavement or tell my colleagues, I was recently in from ‘‘aye’’ to ‘‘no.’’ it means the end of the capitalistic sys- Angola where our embassy staff, Amer- Messrs. PITTS, FOX of Pennsylvania, tem as we know it, but in either case it ican citizens, both work and reside in LATHAM, POSHARD, COSTELLO, means unpleasantness for each of my trailer homes inside a heavily-guarded HALL of Texas, PACKARD, MORAN of three boys or any of our respective kids concrete compound where electricity Kansas, and SHAYS and Ms. RIVERS or grandkids. Here is a chance to lower, and water are often cut off. These indi- changed their vote from ‘‘no’’ to ‘‘aye.’’ in essence to lighten, the burden by viduals live under these circumstances So the amendment was agreed to. $265 million off one shoulder and $265 so that the United States might have The result of the vote was announced million off the other shoulder. That, to some impact with the new government as above recorded. me, seems worth doing. of that country, and to protect the mil- AMENDMENT OFFERED BY MR. SANFORD The third reason that I think that lions of the many U.S. investments Mr. SANFORD. Mr. Chairman, I offer this amendment again makes sense is that exist in that country. an amendment. it is consistent with the math. What Those of my colleagues who would The Clerk read as follows: we talked about in committee last year find it politically expedient to vote to Amendment offered by Mr. SANFORD: when we talked about merging two cut foreign aid and operating expenses At the end of the bill add the following cold-war-era programs, U.S. Informa- for our foreign service agencies fail to (and conform the table of contents accord- tion Agency and the Arms Control and understand that there clearly is a price ingly): Disarmament Agency, both of which for leadership, and that price is far DIVISION C—LIMITATION ON AMOUNT were designed to counter Soviet influ- less, far less, than the cost of any mili- APPROPRIATED ence, when we talked about merging tary engagement that we can avoid SEC. 2001. LIMITATION ON AMOUNT APPRO- those two programs, we talked about through our diplomatic efforts, far less PRIATED. billions of dollars worth of savings. Yet than a terrorist attack, far less than Notwithstanding the specific authoriza- if we look at the funding here, as we even a trade war in terms of dollars tions of appropriations in the preceding pro- can see by the bill, it goes up by $265 and lives. visions of this Act (and the amendments million. This is a chance to take ad- Although the cold war is over, Amer- made by this Act), the aggregate amount ap- propriated pursuant to the authorization of vantage of that savings that we talked ica has to remain alert to new threats, appropriations for each of the fiscal years about in committee. political instability, international ter- 1998 and 1999 provided in this Act (and the A fourth reason that I think this rorism, nuclear proliferation, epidemic amendments made by this Act) may not ex- makes a lot of sense is that it reflects diseases. All of these are things that ceed the amount appropriated for fiscal year reality. If the Berlin Wall had not fall- we face in the context of this funding 1997 for the provisions described in this Act en in 1989, I would not be offering this that we are trying to authorize. Con- (and the provisions of law amended by this amendment. But the Berlin Wall did tinued U.S. engagement in inter- Act). fall, and with it many things changed. national organizations and through Mr. SANFORD (during the reading). If our spending on diplomatic missions unilateral and multilateral actions Mr. Chairman, I ask unanimous con- and embassies and a whole host of allow us to exert among our allies and sent that the amendment be considered other section 150-related expenditures our foes to diminish the threats to our as read and printed in the RECORD. was to reflect that change, we would political and economic security. De- The CHAIRMAN pro tempore (Mr. have seen a dramatic decrease. But in- spite the rhetoric about the excesses of ROGERS). Is there objection to the re- stead, funding has gone up from 1987 to foreign policy budget and foreign af- quest of the gentleman from South 1994, it dipped slightly after 1994, and fairs, the fact of the matter is, we are Carolina? now it is on the way back up. To me, talking about 1 percent, 1 percent of There was no objection. that does not reflect reality. the total Federal budget in contrast to Mr. SANFORD. Mr. Chairman, I have In fact, if we look at State Depart- the defense budget, which is about 18 an amendment here that would save ment funding, State Department fund- percent of this Federal budget. U.S. taxpayers $265 million in 1998 au- ing has in essence doubled from the b 1115 thorization, and it would save them early 1980’s to present. Again, I do not $265 million in 1999 authorization. That think that reflects the change that Despite what Members may have seems to me something worth doing for came with the fall of the Berlin Wall. heard, annual expenditures for our as- a couple of different reasons. Lastly, I would just mention that a sistance abroad is quite small and pro- First, it seems to me to be in line whole host of groups, whether it is vide a big bang for our buck. In fact, with what the taxpayers are asking for. Women for Tax Reform, Citizens many foreign assistance dollars never What taxpayers are consistently saying Against Government Waste, the Na- get abroad. Eighty percent of U.S. aid to me in my home district is that if we tional Taxpayers Union, Citizens for a contracts and grants go to U.S.-based are asked to do more with less, why Sound Economy, Americans for Tax organizations and firms, and 95 percent cannot Government do more with less? Reform or the Association of Con- of all food aid purchases, for those of Individuals are asked to do more with cerned Taxpayers, think that this the Members who are farmers in the less, businesses are asked to do more amendment is in the best interest of Midwest, are made in the United with less. the American taxpayer, and I would States, 95 percent of all of those pur- What this amendment does is not to urge its adoption. chases. Nearly all of our military as- ask the State Department to do more Mr. MENENDEZ. Mr. Chairman, I sistance is spent on U.S. goods and with less, but simply to do what they move to strike the last word. services for those who have the suppli- are doing with what they have, because (Mr. MENENDEZ asked and was ers in their districts who create these this is just a freeze, and I stress that given permission to revise and extend particular goods. word ‘‘freeze,’’ at 1997 levels. his remarks.) Those Members who are considering Too, I think this is of interest and Mr. MENENDEZ. Mr. Chairman, I supporting this amendment should con- again an amendment worth passing be- rise to oppose my colleague’s amend- sider this: Isolationism is a far greater H3672 CONGRESSIONAL RECORD — HOUSE June 11, 1997 threat to the U.S. economy and to There is no money in this bill to fund that I offered to provide and to boost American workers than the meager ex- empire-building, no money for big new Radio Free Asia by $70 million. That penditures that we are doing under this programs or even expansion of old was, and I want to repeat this as I did agreement. Even opponents of foreign ones. The bill is already substantially last week, an initiative that Speaker aid must agree that we have economic below the administration’s budget re- GINGRICH came up with; that rather interests overseas, including economic quest for fiscal year 1998, approxi- than 8 hours per day of broadcasting, interests where people are employed mately $181 million below the adminis- Radio Free Asia ought to be bumped up here in the United States by what we tration’s request. That is also below to 24 hours a day into China, to send promote abroad. The Commerce De- the budget resolution, which all of us the message of freedom and hope to partment estimates that for every 1 in this committee have voted for, or at that beleaguered country. This legisla- billion dollars’ worth of exports, we least most of us. tion boosts that from the $10 million in generate over 20,000 U.S. jobs here at This bill saves money, as against the the bill each fiscal year, $20 million home. In that regard, U.S. assistance budget agreement. Again, we are al- total, by $70 million. Again, that was to promote economic and political sta- ready on record as supporting that an initiative that the Speaker sug- bility in developing countries is very, agreement. It is a Republican-initi- gested to us. very dramatic. ated, administration-backed agree- Mr. Chairman, I ask Members to vote As we approach the 21st century, we ment. We are below that, so anyone down this amendment. I do so with re- have to understand, as Madeleine who says we are exceeding that—yes, luctance, because I so greatly respect Albright, our Secretary of State, has we are below last year’s, but we are the gentleman from South Carolina said, we cannot have foreign policy on well in line with the budget resolution. [Mr. SANFORD], but I think we have the cheap. I am talking about looking Second, this bill means even greater done a good job. savings in fiscal year 1999. If we do not at the bottom line, our interests here In my Subcommittee on Inter- pass this bill, the administration will at home. Our interests here at home national Operations and Human almost certainly request and perhaps are fueled by the meager expenditure Rights, and I know that the presiding even get higher spending on the State we make in this regard in the context chairman will look at this very care- Department and related agencies in fis- of our entire budget. fully as well, we have tried to hold the In fact, being able to dictate what cal year 1999. This bill actually reduces line on spending. It is a good bill. the new technologies are at Geneva in spending in that fiscal year. Again, we are almost $200 million the respective organizations that we Even more important, we have struc- below the budget resolution so we come are participating in; promote U.S. in- tured this bill so that the modest in- in under that number. terests abroad; promote the techno- creases do not primarily go to fund the logical advancements that we have set Federal bureaucracy. Instead, we en- Mr. Speaker, I insert the following in this service economy, that we have hance profreedom, prodemocracy ini- for the RECORD: the ability to make a difference in; tiatives such as refugee protection, AMERICAN COUNCIL FOR promote, as I just did in our trip to Af- Radio Free Asia, and human rights pro- VOLUNTARY INTERNATIONAL ACTION, Washington, DC, April 9, 1997. rica and South Africa the hundreds of grams such as the scholarships for Hon. BENJAMIN GILMAN, millions of dollars of expenditures by young people who have been forced to Chair, House International Relations Commit- the pharmaceutical industry that are flee Tibet, Burma, and East Timor. tee, Washington, DC. under threat because of a change in Even though the Sanford amendment DEAR CHAIRMAN GILMAN: As you work to South African law as it relates to that is not aimed specifically at refugees or develop State Department authorization leg- pharmaceutical industry, so important at Radio Free Asia, the aggregate cuts islation for fiscal years 1998 and 1999, the un- to my State of New Jersey, we cannot it imposes would almost certainly re- dersigned agencies urge you to authorize at be engaged in those arguments if we do sult in cuts in these programs. Unfor- least $700 million for Migration and Refugee not have the proper representation at tunately, the refugee account has al- Assistance (MRA), and to work with the Ap- our embassies abroad. ready taken a cut in real dollars. The propriations Committee to ensure that this modest funding for refugee protection amount is provided. The MRA account has Mr. SMITH of New Jersey. Mr. Chair- suffered funding reductions in recent years man, I move to strike the requisite is not even enough to cover the last that seriously jeopardizes the protection of number of words. couple of years’ worth of inflation. In refugees worldwide. Mr. Chairman, I rise to oppose the real dollar terms, refugees still take a In addition, we urge you to increase the amendment. I do so with some reluc- substantial cut over 3 years. Let us not authorization level for the Emergency Refu- tance. The gentleman from South forget we are awash in refugees. Some gee and Migration Assistance account to $100 Carolina [Mr. SANFORD] is a respected 26 million people are refugees through- million. This life saving account is a no-year and valuable member of our commit- out the world. appropriation that has been essential in pro- tee. I know that he acts from exactly Mr. Chairman, I have a letter that I viding needed flexibility to the Administra- the right motives in offering this have received from the InterAction tion to address emergency needs such as the Committee on Refugee Assistance, a most recent refugee crisis in the Great Lakes amendment. Region of Africa. I would warmly support this amend- dozen organizations, including the The authorized level for MRA is currently ment if some of the cuts came to the principal Catholic, Jewish, Lutheran, $671 million, and this amount was appro- multibillion dollar foreign aid ac- and Episcopalian refugee assistance priated for fiscal years 1994 through 1996. counts, of course, not the foreign aid agencies, as well as other humani- However, for FY 1997 the appropriation was that goes to save children’s lives or tarian and human rights groups, which reduced to $650 million (which is the amount feed the hungry, but the foreign aid details what these groups call the requested by the Administration for FY that goes to international social engi- alarming trend toward reduction of re- 1998). In addition, Congressional appropri- neering and sometimes to prop up dic- sources for refugee protection overseas. ators permitted $12 million of the FY 1997 tatorships. But let me remind Members Mr. Chairman, at the proper time I MRA funding to be used for the administra- tive expenses of the State Department’s Bu- that we have already cut the major for- will ask that that be made a part of the reau for Populations, Refugees, and Migra- eign aid provisions out of this bill. RECORD so Members can see how these tion (PRM), thus reversing a prohibition on They are not in the bill that is before cuts, this slowing down of refugee pro- such use of MRA funds that had existed for this body. tection money, has hurt the Christian the previous two years (during those two Then let us look at the numbers. The Karen refugees from Thailand to years, PRM administrative expenses were total spending in this bill, and this is Burma, has hurt people in Liberia and funded through appropriations for Diplo- the administration of foreign relations elsewhere, simply because there is not matic and Consular functions). The Adminis- and refugee protection—it is not for- enough money to protect these very tration again seeks $12 million for this pur- eign aid per se although there are some pose in FY 98. The effect of this earmark is vulnerable people. to further reduce the amount available for provisions in it—the total spending in I also want to call attention to the direct assistance to refugees. In real terms, this bill is only 3.1 percent over fiscal effect that this amendment will almost this means that unless Congress acts this year 1997, which is approximately the certainly have on the enhancement we time, there will be $33 million less available rate of inflation. voted for last week, on the amendment for refugees in fiscal year 1998 as compared June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3673 to 1996. This real reduction in resources for forts at repatriation, and in other ways un- and neighbors willing to help children pre- refugees overseas is not acceptable. dermines the goals of the U.S. refugee pro- serve their language, culture, and relation- Within the MRA account, the funding spec- gram. The results of inadequate resources ships with family and their communities. ified for overseas assistance ($468 million in are seen in the following examples, provided Conflicts also produce families headed by FY 1997) is used for contributions to inter- through site visits by our organizations: children, who need special attention to care national organizations, primarily the United Landmines have become a more prevalent for the needs of their younger siblings while Nations High Commissioner for Refugees danger to repatriation. The pending return in exile and particularly on return to their (UNHCR). The role of UNHCR in providing of 300,000 refugees to Angola is a case in homelands, where they often lack necessary life-saving and other assistance to refugees point—Angola is estimated to contain as life and vocational skills. Other children is critical to the protection goal of U.S. refu- many as 10 million landmines. A major co- with special needs include older teens who gee policy. For this reason, inadequate MRA ordinated effort with international organiza- have spent years in exile or refugee camps; funding has a direct impact on the achieve- tions is needed to address this major impedi- demobilized child soldiers; victims of sexual ment of refugee protection. ment to safe repatriation. The threat of abuse or torture; and handicapped or land- EXAMPLES OF UNMET REFUGEE PROTECTION landmines affects relief routes and repatri- mine injured minors. NEEDS ation routes, and necessitates landmines Only 30% of refugee children benefit from In recent months, several alarming trends awareness programs among refugees. Re- formal educational programs, and often have been noted. Among these is understaff- moval of landmines is usually an expensive teachers and curriculum for these programs ing in UNHCR’s protection division. Site vis- but necessary component of reconstruction are poor. Agencies are anxious to produce its by many of our agencies to refugee situa- to facilitate the voluntary return of refu- and oversee better teaching training and to tions worldwide regularly find that UNHCR’s gees. provide curriculum materials that are educa- protection corps is dangerously understaffed, A massive repatriation of 300,000 refugees tionally challenging and can help children which exposes refugees to serious risks and to Sierra Leone under a fragile peace accord understand the importance of basic human deprives UNHCR of the ability to fulfill its is being pursued. Yet UNHCR’s financial con- rights and democratic values. Such efforts primary task of protection. The results of in- straints have impeded efforts to place a pro- will help these young students contribute to adequate resources are seen in the following tection officer in the field outside the cap- the reconciliation of their communities and examples, provided through site visits by our ital. Similar constraints exists in Liberia as the rebuilding of their societies. The MRA account also provides funds for organizations: plans for a massive repatriation effort from A site visit to Uganda in Central Africa in Ivory Coast and Guinea are being considered. the admission of refugees to the U.S. We 1996 found that UNHCR did not have a single A site visit to Guinea in 1996 found that bro- wish to note in this regard that over the past protection officer in northern Uganda to ken delivery trucks were hampering food de- several years the Administration has dras- monitor the grave protection needs of 200,000 liveries to 200,000 Liberian refugees over tically reduced the ceiling for refugee admis- Sudanese refugees there. More than 100 Su- some of Africa’s most difficult roads. Lack of sions. The current admissions level of 78,000, danese were killed in northern Uganda last spare parts for truck repairs is a major prob- for example, represents a 13% decrease from year during rebel raids on refugee settle- lem. The UNHCR had two field officers try- the FY96 ceiling of 90,000 which in turn was ments. Similarly, in West Africa UNHCR had ing to meet the assistance needs of 200,000 about 20% lower than the FY95 figure of a single protection officer in the field to ad- refugees. Some experts consider the accept- 112,000. This decrease is clearly contrary to dress the needs of 300,000 Liberian refugees in able ration to be one field officer per 25,000 the will of Congress, as expressed in last Ivory Coast. These refugees lack proper iden- refugees. year’s defeat of efforts in both the House and tification cards and are vulnerable to harass- One of the most promising young countries Senate to statutorily cap the number of refu- ment and abuse by local soldiers as well as in Africa. Eritrea, still waits the return gee admissions. In addition, recent letters to by combatants infiltrating refugee sites home of up to 300,000 refugees. Their repatri- the State Department from Members in both from Liberia. ation has been stalled for three years, in part chambers have urged that the admissions In Burundi some 70,000 Burundian refugees by the expense of conducting a repatriation ceiling be restored to between 90,000 and were to be repatriated into potentially dan- program that provides the level of support 100,000. gerous areas of the country, UNHCR had to that returnees will need in order to rebuild We thank you for your ongoing work on be- suspend its resettlement efforts in part be- after decades of destruction from civil war. half of refugees and other forced migrants, cause it lacked the resources to monitor the American agencies working on the ground and we appreciate your consideration of our safety of returnees. Because of Burundi’s in Bosnia continue to report the lack of shel- views on this critical funding issue. dangerous highways, UNHCR needs an expen- ter, services, and economic activity as a Sincerely, sive air capacity to monitor the safety of re- major deterrent to repatriation of refugees. Elizabeth Ferris, Chair, Committee on cent returnees and gain an early warning ca- With the lifting of temporary protection for Migration and Refugee Affairs. Execu- pacity for new refugee flows in inaccessible Bosnians in Europe, there is a need for com- tive Director, Immigration & Refugee areas of the country. prehensive durable solutions to be found. Program, Church World Service. On be- The United States has advocated for elec- These include voluntary return for most ref- half of the following agencies: Tsehaye tions in Liberia at the earliest appropriate ugees, who will need an infrastructure to be Teferra, Executive Director, Ethiopian time, even though 750,000 Liberian refugees— rebuilt in their villages and towns. For oth- Community Development Council; C. nearly one-fourth of the electorate—are out ers, it will involve resettlement opportuni- Richard Perkins, Director, Episcopal of the country and potentially ties in third countries such as the United Migration Ministries; Martin A. disenfranchised. In order to ensure the credi- States. Wenick, Executive Director, Hebrew bility of any Liberian election, UNHCR may SPECIAL NEEDS OF REFUGEE CHILDREN Immigrant Aid Society; Roger Winter, Executive Director, Immigration & need to bring the electoral process to Libe- UNHCR and other international organiza- Refugee Services of America, U.S. rian refugees if conditions remain too dan- tions have recently recognized that special Committee for Refugees; Robert gerous to bring refugees home to Liberia to efforts must be made with regard to refugee Devecchi, President, International Res- vote. It would be an expensive but important children. Children constitute over 50% of cue Committee; Ralston H. undertaking. UNHCR’s refugee caseload, and children sep- Deffenbaugh, Jr., Executive Director, In India, UNHCR has terminated assist- arated from their parents and normal care Lutheran Immigration and Refugee ance to many urban refugees living in Delhi givers constitute one of the most vulnerable Service; Le Xuan Khoa, President, because of lack of funds. The refugees, who refugee populations. These children need the Southeast Asia Resource Action Cen- live in dire circumstances even with UNHCR assistance of staff trained and equipped to ter; John Swenson, Director, U.S. assistance, have been despondent, saying deal with their legal, physical and mental Catholic Conference/Migration & Refu- that they have no means to survive. One ref- needs. gee Services; Don Hammond, Vice ugee killed herself after her assistance was These services are particularly crucial in President, World Relief Corporation. terminated. order to prevent the recruitment of children In Nepal, border guards continue to hand as child soldiers, military porters, pros- Mr. HASTINGS of Florida. Mr. Chair- over Tibetan refugees to the Chinese au- titutes, and forced marriage partners. Refu- man, I move to strike the requisite thorities. UNHCR is only able to visit the gees families and communities must be as- number of words. border occasionally, when a full-time pres- sisted in helping their children cope with the Mr. Chairman, I rise today to oppose ence would be warranted. Also in Nepal, effects of physical and psychological trauma the Sanford amendment, the amend- UNHCR has reduced the level of assistance and prolonged periods of insecurity and in- ment of my colleague. Really, hon- to Bhutanese refugees, despite the fact that terrupted family life. there are not prospects for their repatriation estly, I would say to the gentleman With adequate funding and staffing. from South Carolina, I will say that he or local integration. UNHCR can coordinate with ICRC, UNICEF, UNMET NEEDS IN THE VOLUNTARY RETURN OF nongovernmental organizations, and others misconstrues foreign aid and foreign REFUGEES to engage in quick intervention, tracing, and assistance and what we do in the Unit- In addition, underfunding of UNHCR’s core reunification programs. These coordinated ed States. programs and special initiatives prevents efforts can help reunite children with caring Further, the gentleman’s amendment needed assistance to refugees, thwarts ef- members of their families or former friends guts foreign affairs spending levels H3674 CONGRESSIONAL RECORD — HOUSE June 11, 1997 that we agreed to last week in the out and the residual does not leave an amount of money we are spending in budget resolution. Even more impor- impact in the United States of Amer- foreign policy does not reflect the re- tant, I think the gentleman ignores the ica. It has a tremendous impact, what ality of the world since the fall of the fact, and I heard him in his comments Embassies do to help American busi- Berlin Wall. say that we have increased our foreign nesses; but even more important, I would say it is exactly contrary to affairs funding in the last decade, when American citizens. We cannot have that. It is precisely because of the fall in fact the last 2 fiscal years we have people, either in tourism or in busi- of the Berlin Wall, it is precisely be- reduced our foreign affairs funding by ness, all over the world and not have cause of the end of the cold war, that 14 percent. our facilities to help them. our requirements, our foreign policy Let me put a human face on this. In Mr. SANFORD. If the gentleman will responsibilities, have grown apace. The January I went with a congressional continue to yield, Mr. Chairman, I United States still continues to be the delegation, the largest one ever to wholeheartedly agree that our Ambas- only country in the world that is a dip- leave the United States to go to China, sador staff, our Embassy staffs around lomatic superpower, a military super- led by the gentleman from Arizona, JIM the globe do a great job. What I am power, an economic superpower, and a KOLBE. Subsequent to that I went with struggling with is the same thing that political superpower. That gives us, the Speaker of the House again to the American taxpayer is struggling whether we like it or not, very sub- China in March. with. That is that many of them live stantial responsibilities that we as a In each instance it was extremely not in $200 million homes. I have a long country must continue to discharge. cold in China, particularly in January. list of residences that are appraised at We know this is not a less dangerous We met at our Embassy in China for over $1 million. world that we live in today simply be- what is referred to as a country team Mr. HASTINGS of Florida. Taking cause of the end of the cold war. In- briefing. That place was leaking and di- back my time, Mr. Chairman, that is deed, we find that in many regions of lapidated. All I can say to Ambassador disingenuous. I do not know that Em- the world conflicts and problems that Sasser and the people that are there is bassy, but I know the one in Prague, in had heretofore been kept under the sur- that it must be exceedingly difficult to Paris, in England. Many of those build- face by an overarching superpower con- keep their morale up in just that par- ings were purchased some time ago, flict, have now risen to the surface and ticular country alone. sometimes at almost crazy costs that pose potential dangers to the United I went home in March with a young- they were sold for. States and to the rest of the world. ster that works at that Embassy who So surely American citizens do not lives in a facility that does not have live in $20 million homes, but American b 1130 hot water, did not have heat, and his citizens benefit by low-cost products, electricity is off more than it is on. American citizens benefit by safe and These are problems that pose poten- The morale of people in foreign serv- inhabitable environments that are tial dangers to the security of the ices then, would, of course, be reduced sometimes produced in circumstances world and to peace in various regions if we find these circumstances. where our Embassies and consulates, of the world. My colleague, the ranking member, which we have already cut immensely Not long ago I took a congressional just spoke about being in Angola. I was around the globe, have caused them to delegation to China. I mention that be- with him in Angola just 2 weeks ago. benefit greatly. cause during our visit we went to our When we got there, I do not know That is where I think a part of the Embassy in Beijing. One of the things whether the gentleman remembers, I mistake is. It is as if we take $16 bil- that this amendment would do would would say to the gentleman from New lion and throw it, poof, up in the air be to cut the funds that are available Jersey [Mr. MENENDEZ], but we were and nothing comes back to us. One for renovation and repair of Embassies. told a body was found out on the street whole lot comes back to this country. We are talking about the U.S. mission the Sunday before we were there. The In Angola, I heard them discussing how in what is the largest country of the building next door to the Embassy had Chevron and how Texaco use our Em- world from a population standpoint, been rafed with bullets. Here we have a bassy in helping them to be expedited. the third largest country of the world dilapidated structure, again, with our I can tell the Members, safety and se- in terms of its gross domestic product, Ambassador living in it, with potable curity is a vital concern. The gentle- its economy, and the country with the water being a difficulty, that Ambas- man’s measure would ignore that. largest trade deficit that the United sador having had malaria seven times, Mr. KOLBE. Mr. Chairman, I move to States has. he reported, in addition to others that strike the requisite number of words. In Beijing, our Embassy is woefully I have heard that complaint about. Mr. Chairman, I rise in opposition to inadequate; it is desperately in need of I have talked to the people in the the amendment offered by my col- repair; it is leaking through the roof; it Embassies, and their morale is low. league and I would say my friend, the has inadequate plumbing and inad- What the gentleman would do is cause gentleman from South Carolina [Mr. equate electricity. Frankly, it does not that to be a problem. SANFORD], because he is a very enhance the credibility of the United Mr. SANFORD. Mr. Chairman, will thoughtful Member. However, I dis- States, the largest country of the the gentleman yield? agree with him strongly on the issue of world, the major power in that region, Mr. HASTINGS of Florida. I yield to whether or not we should make this to be in such a woefully inadequate fa- the gentleman from South Carolina. kind of cut in our State Department cility. That sends a message that I be- Mr. SANFORD. Mr. Chairman, I authorization. lieve is the wrong kind of message. thank the gentleman for yielding. Does Mr. Chairman, it would be appro- But it is more than just the Embassy that mean, then, that the morale is priate if the chairman of the Commit- renovations we are talking about in very high, for instance, in Argentina, tee of the Whole House, gentleman this proposed cut. What about the Em- where the Embassy is appraised at over from Kentucky, who is also the chair- bassy security? We have Embassies all $20 million? man of the Appropriations subcommit- over the world that desperately need to Mr. HASTINGS of Florida. I cannot tee that funds the State Department, be upgraded from a security stand- say that the morale is high in Argen- were down here speaking on this. I do point. We are committed to increasing tina, I do not know that. I can tell the not presume to speak for him. But hav- the amount of broadcasting in Radio gentleman about Angola and about ing worked with him for the last 10 Free Asia. We are committed to doing Zaire, the former Congo. I can tell the years on this issue, I think I have some more, as the gentleman from New Jer- gentleman about the Ukraine, where 25 understanding, as I know the gen- sey said, in refugee protection; and an percent of all of what the Embassy tleman has an even greater under- area that I am concerned about, envi- does is expedite U.S. business prob- standing, of the needs in foreign policy. ronmental protections along the Unit- lems. I would like to focus on one reason ed States-Mexico border. Commitments That is where the gentleman is short- that the gentleman from South Caro- that we made as part of the North sighted, Mr. Chairman. The gentleman lina gave in support of his amendment. American Free-Trade Agreement would is thinking that the money just goes He gave as his fourth reason that the be substantially cut as a result of this June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3675 amendment. We would be cutting our of the Committee on International Re- hundred million dollars. This amend- efforts to try to establish an Embassy lations in terms of the appropriate ment would cut it by an additional $200 in Jerusalem, our efforts to eliminate level, removes the flexibility of the ap- to $300 million. I think that is a ter- child labor all over the world. These propriators who are dealing with a very rible mistake. I urge that the amend- are just some of the issues that would difficult situation where three impor- ment be defeated. be affected by this cut. tant agencies, the Justice Department, Mr. LEACH. Mr. Chairman, I move to The reality is, Mr. Chairman, that we the Commerce Department and the strike the requisite number of words. have a funding need that is driven in State Department, are all within their Mr. Chairman, let me say that I con- very large part by currency exchange budget, and puts an artificial lid on one sider the gentleman who has offered rates. That is one of the things the aspect of that, which makes their abil- the amendment one of the Congress’s gentleman from South Carolina did not ity to make sensible priority decisions most distinguished young leaders. My focus on when he talked about the ris- much weaker. concern, and I would like to extend a ing cost of the State Department. Fre- It cuts the Embassy security. It lim- little bit beyond, although in full quently, the cost is beyond our control. its our ability to build up Radio Free agreement with the last speaker, Mr. Currency exchange rates drive the Asia. It cuts refugee protection. It very BERMAN, as well as the previous speak- amount of money we have to spend much impacts in our effort to develop a er, the gentleman from Arizona, Mr. overseas. It has nothing to do with the broader program for the Mexican-Unit- KOLBE, relates to the nature of the actual dollars that we would be appro- ed States border which would allow us world. There are two things that I priating if all those dollars were being to ensure that the very necessary com- think this body has to relevantly con- spent here at home. But they’re not. mercial relations, if it exists, are docu- sider. We have to pay our foreign nationals in mented, that people have the appro- As the cold war has come to an end their currency. We have to buy food in priate credentials and at the same time certain international issues are more that currency. We have to pay for re- are not able to come across the border complicated. It is not just an ‘‘us ver- pairs in that currency. So we are driv- illegally. There is no point to going sus them’’ circumstance. A lot more en by factors that are often outside the any further with these cuts. sophistication is needed. We are also control of the subcommittee, as the Mr. SANFORD. Mr. Chairman, will seeing a number of new countries de- chairman well knows, when we appro- the gentleman yield? velop. Some of these new countries are priate funds in our subcommittee. Mr. BERMAN. I yield to the gen- former States of the former Soviet I urge my colleagues to not support tleman from South Carolina. Union. Some are former states of a this amendment. It simply is not the Mr. SANFORD. Mr. Chairman, could split country, the former Yugoslavia. right time to be sending a signal to the the gentleman show me any of those Some are in other parts of the world. rest of the world that we are going to cuts? But the point I would make is that if reduce our involvement, that we are Mr. BERMAN. Could I show the gen- you want to give legitimacy to these going to reduce our commitment to tleman the cuts? states, you have to recognize them in American foreign policy. I urge my col- Mr. SANFORD. Yes, Mr. Chairman. appropriate ways. That means estab- leagues to reject this amendment. Mr. BERMAN. The cuts in what the lish embassies in these countries; that Mr. BERMAN. Mr. Chairman, I move administration has requested in terms means make it clear that the United to strike the requisite number of of State Department funding? States of America legitimizes the state words. Mr. SANFORD. Mr. Chairman, if the structure that has come into being, Mr. Chairman, I rise in opposition to gentleman will continue to yield, in which is in our enormous national in- the amendment offered by the gen- other words, I would call a cut a cut terest. tleman from South Carolina. This is from what we are spending today. I Second, if in a very broad sense one probably a fairly easy amendment for think we both know this is simply a can characterize the last half century the Members of this body to vote for. freeze at 1997 levels. as being principally one of geopolitics, The political repercussions of a ‘‘yes’’ Mr. BERMAN. Mr. Chairman, we sit we all hope and there is certain poten- vote in the short-term future would here and we decide, we want to build tial in the making that the next half not be great, and one could certainly the following Embassies. We want to century will be largely about find it very attractive to talk about institute the following new program on geoeconomics. In this contest I think cutting spending and trimming back the Mexican border. We want the diplo- government. an enormous case can be made that to But I would suggest that in terms of matic security bureau of the Depart- help American business we are going to the long-term U.S. national interest, ment of State to undertake the follow- have to have not less representation this could be one of the most devastat- ing new security measures. We want abroad but significantly more, particu- ing votes that we could make. We are more commercial attaches in the fol- larly in the area of commercial activi- at the point, in terms of our funding of lowing Embassy. Then we put on top of ties and decentralized consulates. our diplomatic agencies, that we are that a resolution which freezes the When you have significant countries getting to the point where the inad- budget. The result of that is a massive with regions that are the equivalent equacy of the funding, the level of de- cut in other functions that was never manyfold of the average nation-state, moralization of the staff, the lack of anticipated, a reduction in the ability it is very important that the United ability to deal with the rising cost to process passports and all the other States business community have an an- stemming from terrorism and pro- basic services that the State Depart- chor in those regions, whether it be the liferation and all of the other still ex- ment undertakes. You cannot engage Shanghais or other cities within the isting threats to our national security in a whole series of new initiatives and new China or whether they be part of are going to render our diplomatic then freeze the budget without expect- the older countries of western Europe. agencies unable to meet the challenges ing massive cuts in other areas. My sense is that we shortchange the that they face. Mr. SANFORD. Mr. Chairman, I sup- Department of State at great risk to Just a couple of facts in terms of pose it would be a matter of viewpoint the national security of the United background. We spend less in our inter- on that. Again, in 1983 the State De- States and also in a very significant national relations spending now than partment was funded with $1.9 billion. way to the future of American com- we spent in fiscal year 1985 in Today it is funded with $3.97 billion. To merce. unadjusted dollars. In terms of just me that would not be a cut. The State Department has done a straight dollar amounts, we are spend- Mr. BERMAN. Mr. Chairman, fiscal very poor job in contract with the last ing less now than we spent in 1985. The year 1985, using that as the base, we century in projecting commerce as a budget for the State Department and spent more money on the international signal mission. But I think in the com- other diplomatic agencies has already relations budget in that year than is ing decades on this commercial compo- been cut in the past 2 years by 14 per- being proposed by the President to nent of American representation cent. spend this coming fiscal year. This abroad and the need to have structures This amendment violates the budget House has already cut the administra- to support the commercial component agreement, overrides the vast majority tion’s budget in this area by several are going to be increasingly important. H3676 CONGRESSIONAL RECORD — HOUSE June 11, 1997 So as easy as this amendment seems to We keep hearing that we are dras- Mr. WEXLER. Mr. Chairman, I move be to vote for, I think the membership tically cutting back, that we are slash- to strike the requisite number of ought to take great caution and sup- ing this and slashing that and cutting words. port the budget agreement, support the this. This is not a cut. Some of us Mr. Chairman, I rise in opposition to President, who is, after all, all of our would agree to drastically and dra- the amendment and would like to President when it comes to foreign pol- matically cutting, but that is not what speak to the aspect of the amendment icy, and support the leadership of the this is. This merely freezes last year’s that I believe cuts really close to the committee. levels. American people. Oftentimes when this Mr. CAPPS. Mr. Chairman, I move to Congress speaks about foreign affairs, b 1145 strike the requisite number of words. many Americans do not perceive it as Mr. Chairman, I oppose the gentle- American families go through this something that touches their lives in man’s amendment for many reasons, type of process, this decisionmaking any concrete fashion. but I wish to speak specifically on cut- process, when they have to set prior- One aspect of this amendment, I ting off funds to upgrade our facilities ities all the time. They oftentimes think, cuts very close to the people in in China. freeze parts of their budget. This is my State, Florida, and in fact to the Mr. Chairman, I have been to China. what we ought to do. people of the United States. That is, I have been to the U.S. Embassy in It is a modest proposal. We ought to maybe it is mundane, but that is the Beijing, as others who spoke before me support it. I know the gentleman has ability of Americans to obtain their have. I have witnessed the deplorable already mentioned this early on, but passports and their visas in a timely conditions of the building in which we have had a lot of folks against this manner. Ambassador Sasser and his very able amendment for a while. There are a lot In my community, if individuals need staff do their work. Our quarters there, of very significant groups that favor to get a passport in a fast fashion, they in my judgment, are an embarrassment this amendment, such as Women For are likely to stand in line for 3 hours, to this country. They need to be up- Tax Reform, Citizens Against Govern- 4 hours, 5 hours, sometimes over a cou- graded, and this is not an excessive re- ment Waste, the National Taxpayers ple of days. If there is an emergency, if quest. It simply has to do with doing Union, Citizens For A Sound Economy, there is a business need, a family need, what is right so that we can do our Americans For Tax Reform. These very oftentimes it will be very difficult to work and maintain the morale of our pro-taxpayer groups support this accomplish that purpose of getting a talented and well-trained representa- amendment. visa or a passport in a quick fashion. tives in Beijing and throughout the I would strongly urge my colleagues When this Government was shut world. to support this amendment. down a year and a half ago, extraor- This is not the time to adopt an iso- Mr. SANFORD. Mr. Chairman, will dinary havoc was created throughout lationist foreign policy. On the con- the gentleman yield? Florida, and I can only imagine trary, the allocations for the State De- Mr. CHABOT. I yield to the gen- throughout the Nation, in the private partment are justifiable, so I oppose tleman from South Carolina. sector by business people who could the amendment and I urge my col- Mr. SANFORD. Mr. Chairman, there not conduct their business. leagues to vote against it. has been much talk about cuts, and as Now, in fairness, this amendment Mr. CHABOT. Mr. Chairman, I move my colleague just pointed out, this does not shut down Government, but to strike the requisite number of amendment does not cut, it simply what it does is it reduces the amount words. freezes. But with the conversations of opportunity, the ability of the State Mr. Chairman, I rise in strong sup- that have taken place, I would have Department to improve their services port of the amendment offered by my thought there would be leaking roofs, with respect to Americans obtaining friend, the gentleman from South Caro- walls falling in. their passports and visas. lina [Mr. SANFORD]. For the first time I want to suggest two places, in addi- The sponsor of the amendment very in recent memory, the Congress is tion to again this being a freeze, where eloquently spoke of his three little moving away from its free-spending savings might come in. One, the State children and the tax burden that they ways. A balanced budget in the next 5 Department itself, as of October 1995, will incur as they grow up. Well, I too, years is now a real possibility. Tax had a list of over 100 properties for po- have three little children, but I would breaks for working American families, tential sale valued at over $467 million. respectfully suggest that the manner albeit not large enough tax breaks, I I want to say that again: $467 million. in which all of America’s children will think we should go much larger than That would take care of, again, any of have the ability to pay for our Govern- those that are proposed at this time, these shortfalls that have been sug- ment in the 21st century and pay for but they appear to be in the offing. But gested. our obligations to our veterans and our we could go much further. The other thing is a lot of the spend- senior citizens and our military forces The gentleman’s amendment, similar ing that is proposed in this bill, I and the obligation of what we call the to the one I voted for in committee, is mean, for instance, $178 million, we American way of life, the manner in a fair one. It simply freezes spending have to multiply these numbers by which we do that is not to stick our authorization at the level appropriated two; but $178 million for the Inter- head in the sand and pretend that our for fiscal year 1997. Freezes. It was not national Tropical Timber Organiza- opportunities cease at our borders; a cut, although I would support a cut. tion? How about $234,000 for the Inter- rather, I believe, it is common sense It is a freeze. We are simply saying national Natural Rubber Study Organi- that the manner in which America’s that while we work toward a balanced zation? Or how about $134,000 for the children will have the opportunities in budget, while we reduce taxes for the International Hydrographic Organiza- the 21st century to pay for the kind of overburdened American people who are tion? How about $203,000 for the Inter- society we want is to increase our op- just overtaxed, while we try to move national Cotton Advisory Study portunities. our own citizens off welfare rolls and Group? Or $51,000 for the International Increasing opportunities overseas into productive jobs, that the State De- Copper Study Group? means to have a very valid presence partment, the foreign aid bureaucracy There are a host of places wherein we overseas. The way in which we increase and others learn to live on the same al- could come up with the savings that our economic opportunities, our ability location appropriated by this Congress would keep our embassies doing what to travel, our ability to trade, our abil- for fiscal year 1997. they ought to be doing. ity to make certain that there is peace Mr. Chairman, the gentleman from Mr. CHABOT. Mr. Chairman, re- rather than conflict is not by cutting South Carolina [Mr. SANFORD] in my claiming my time, I urge my col- money in today’s budget, in today’s opinion offers a modest amendment, an leagues to support this very modest bill, which has already been cut from amendment that will allow us to pro- amendment. Many of us would be will- the President’s budget proposal; but ceed even faster to balancing the budg- ing to go much further than this, and rather it is to keep it where the Presi- et and to giving tax relief to the Amer- really think we should cut. This does dent ultimately wanted. ican people. They are entitled to tax not cut, it merely freezes at last year’s To do otherwise, I believe, would be relief. levels. to defeat the exact purpose that the June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3677 sponsor of the amendment seeks, and cause it does consolidate and eliminate that I like, but this micromanaging by that is to make there be less of a bur- two agencies, the Arms Control Disar- the Congress is just wrong. den on today’s children for tomorrow. mament Agency and the U.S. Informa- We cannot dictate to the administra- Mr. KINGSTON. Mr. Chairman, I tion Agency. tive branch of Government everything. move to strike the requisite number of Now, as one who believes in smaller We are going to give them an amount words. government, I am excited by this. I of money and we are going to tell them Mr. Chairman, I wanted to rise in think it is very important to consoli- to spend this money judiciously and strong support of the Sanford amend- date and eliminate duplicative agen- spend it in such a manner as it is not ment to reduce this bill by $265 million, cies and commissions; and yet this, ap- wasted. So while I respect the gen- and I also wanted to respond to some of parently, is not going to save any tleman, and I would like to be able to the previous comments. money. So why are we doing it; for support the philosophy of what he is We have been told that, if the San- window decoration? If we are not doing trying to do, I think that this type of ford amendment passes, America would it for more efficiency, why are we micromanagement is totally wrong. be sticking our heads in the sands and doing it? And if we are doing it for inef- Mr. SANFORD. Mr. Chairman, will withdrawing from our international re- ficiency, is it not true that it will save the gentleman yield? sponsibilities. Let me give my col- money? Mr. CALLAHAN. I yield to the gen- leagues some numbers here. This is $265 Mr. Chairman, if we are truthful and tleman from South Carolina. million, a lot of money, Mr. Chairman. sincere about our desire to reduce the Mr. SANFORD. Mr. Chairman, I However, compare that with the over- size of government and to consolidate would say to the gentleman that my all amount of the bill, which is $6.3 bil- and eliminate unnecessary agencies, understanding is that the Congress is in charge of the pursestrings of this lion. In addition, later on this year we certainly we are doing that with the Nation and that, therefore, this is the will pass a foreign aid bill which will implied goal of saving taxpayers’ dol- kind of micromanaging the taxpayers be approximately $12 billion, or some- lars. where thereabout. In addition to that, The $265 million is a lot of money would expect of us. Mr. CALLAHAN. Well, Mr. Chair- we will be spending around $260 billion back in the First District of Georgia, man, reclaiming my time, I understand on defense. Those are huge numbers. as I am sure it is in all 435 congres- what the gentleman is saying, but I do Mr. Chairman, if I had long hair, this sional districts; but in terms of a bill not think we can start dictating to the amendment is not even clipping off an that has a cost of over $6.3 billion, in administrative branch of Government, inch or two of my long hair. What it terms of $260 billion in defense that we to the State Department that they does is it plucks out a few of the hairs will be spending around the globe, in ought to have blue carpets in their Em- out of my head. I will still have plenty terms of $12 billion in foreign aid we bassies; we should not have an amend- of hair in my head with or without the will be spending, this $265 million is ment that says no Embassy can be Sanford amendment. But I would sug- small and it is reasonable. But it is an painted brown or pink. gest and recommend strongly that we important and symbolic first step to- We ought to recognize that the Con- do have to clip, we do have to trim, be- ward fiscal responsibility. stitution gives foreign policy respon- cause we are over $5 trillion in debt. Mr. Chairman, I urge Members to sibility to the administrative branch of That is what this is about. This is pass the Sanford amendment. Government. We do hold the about trying to make the future good Mr. CALLAHAN. Mr. Chairman, I pursestrings. I am chairman of the for our children by not enslaving them move to strike the requisite number of committee that appropriates the year after year from deficit spending words. money to the State Department for My colleagues, when we were in the and increasing the debt. foreign policy, and the chairman here I want to give my colleagues three State senate, we had a parliamentary today is the chairman of the commit- areas where we could find savings in provision in our rules that would allow tee that handles the State Department this bill. No. 1, we spend hours, and we us to divide the question on any issue. affairs, such as most of these things ad- have already had two or three amend- And when we had an amendment that dress. ments on the United Nations. One of involved a broad number of areas, we, Mr. SANFORD. Mr. Chairman, if the them talked about pulling America out as members of the State senate, could gentleman would be so kind as to con- of the United Nations, another asked then make a motion to the chair to di- tinue to yield, the gentleman is pre- for a study so they could find better vide the issue. cisely right, and that is why this ways to restructure. Yet, with this bill, While I respect the sponsors of this amendment does not attempt to micro- we are increasing support for inter- amendment, and I think that they are manage where any of this money national organizations $68 million. right in wanting to cut Federal Gov- should come from. All it does is freeze That seems a little odd when we have ernment spending and State Depart- at 1997 levels. so many Members who want to actu- ment spending, for the Congress to Mr. CALLAHAN. I understand that, ally cut out spending. micromanage to this extent is wrong. but, at the same time, this committee, We have heard that this amendment They ought to ask the question on in- the Committee on International Rela- will cause a lot of the overseas real es- dividual amendments. They should ask tions, has gone through hours and tate to go in disrepair and have roofs me if I want to cut Embassy security. hours of hearings trying to draft a bill. that leak. And yet, Mr. Chairman, we Of course, I do not want to cut Em- Does the gentleman think they do not have already passed the Bachus amend- bassy security. Our Embassies need se- care about the same things he cares ment that moved to sell unnecessary curity. They need the protection and about? Does the gentleman think they real estate that should give us a 5-year the money that provides that protec- just overlooked this or they are trying savings of $109 million. Now, that is tion. So maybe we could extract this to give the administration the ability rather odd, Mr. Chairman, when we are from the Sanford amendment, and to spend this money in a reckless fash- told that this amendment would actu- maybe it would be more palatable to ion? Of course they are not. ally cripple our overseas real estate in- me. vestment, because the bill itself calls They could ask me if I want to cut b 1200 for an increase of $389 million for the freedom broadcasting to Cuba. No, I do Mr. SANFORD. I am on that commit- next 2 years, each year, for new real es- not want to cut freedom broadcasting tee and that is why I am offering it. tate. to Cuba. So why do we not extract this, Mr. CALLAHAN. And my colleagues What is it we are trying to do? On the Mr. Chairman, from this amendment, should have argued these points in the one hand we are trying to reduce, and and then maybe it would be more pal- committee where they have the time, on the other hand we are trying to ex- atable to me. where they have the ability, even giv- pand. What this amendment does is it Maybe we could say we want to cut ing the administration the authority forces us to get our priorities right. environmental programs along the to come in and to tell them what is What is the third area? One of the gulf, the United States-Mexican border. wrong with these proposals. These feel- reasons why most Members are ulti- I do not want to do that. There are good, look-good amendments are mately going to support this bill is be- some parts of the gentleman’s measure wrong. H3678 CONGRESSIONAL RECORD — HOUSE June 11, 1997 I think that it sounds good to be able That is the job of the State Depart- in the bill that we are now considering. to go back to our districts and say, we ment. They do it very well. They do It is a bill that reauthorizes the State introduced this resolution on this not do it as well as they should be able Department. amendment to this bill that was going to do it today, because we have cut I know how attractive it is on this to do these certain things. But in my 3,000 people already out of the State floor to support cuts in foreign aid, but opinion, and it is in all respect, and Department. If my colleagues want to I want Members to be very clear that certainly my colleague is in a position, find out what the effect of that is, they we are not voting here on a foreign aid being on the Committee on Inter- do not have to go to the families of cut, we are voting with respect to a cut national Relations, to have input, to State Department personnel who may in the State Department authorization talk to his colleagues on the sub- have lost their jobs or may have re- bill. What that means is that the cut is committee and on the full Committee tired early, but go to the executives of aimed at our diplomats and their abil- on International Relations and to try our corporations who are involved in ity to do their work abroad. That is the to either put it in report language or international trade and they will tell suggest that the sense of the Congress you they need more help in American first point. is this. embassies, they need more consulates, Second, I think the amendment to But for us to begin amending this they need a State Department that is cut the State Department authoriza- bill, telling the administration what growing at the pace that our economy tion bill has to be put in some context, they are going to spend their money is growing, they need a State Depart- and that context simply is that we on, what time of day the ambassadors ment that realizes the importance of have had too many cuts already in the are going to get up, in my opinion, is the global economy and realizes the so-called 150, or international, account. absolutely wrong. So I respectfully re- importance of American leadership The international affairs budget has quest that my colleagues recognize within international economies. been cut by 30 percent, 37 percent in that we cannot micromanage to this How counterproductive could we be real terms, since 1986; and as has been extent and that they vote against the to cripple this essential agency of mentioned on the floor, in the past 2 Sanford amendment. American interests, these committed years, the funding has been cut by 14 Mr. MORAN of Virginia. Mr. Chair- professionals who are doing the job percent. man, I move to strike the last word. that we depend upon? I just cannot Now, all of our professional dip- Mr. Chairman, I rise in opposition to imagine that Congress would go along lomats that I am acquainted with, and this amendment. This amendment is with this shortsighted view. But be- counterproductive, and, in fact, in yond the economic considerations, I am going to cite some personally in many ways it is un-American, because think of the hundreds of thousands of just a moment, believe that these cuts we are the world’s leader economically, young Americans who have died in have now begun to harm our ability to we are the world’s leader in terms of wars, some wars that could have been conduct foreign policy in a lot of dif- setting social trends, we are the ended earlier, some wars that never ferent ways. They cut the diplomatic world’s leader in terms of showing the should have begun. We owe it to them infrastructure that is crumbling due to wisdom and maturity that the rest of to make sure that we avoid that kind funding cuts, which have prevented us the world expects from us and this of bloodshed in the future, to make from modernizing and maintaining our amendment weakens our leadership ca- sure we avoid those diplomatic fail- buildings, making it very difficult for pacity. ures, to make sure, in fact, that the our diplomats to do their exceedingly To cut the State Department is an 21st century is a time of peace and important work. implication that they are not doing prosperity. It has become increasingly hard to their job. But is not the proof in the And as important as the Defense De- maintain the level of consular services pudding? Is not the proof of whether partment is, it is not the Defense De- American people deserve overseas. And they are doing their job the view that partment that is going to achieve that I suspect there are very few congres- other countries have of us, the extent goal to the extent that the State De- sional offices that do not deal on a to which they look to us for guidance, partment will be able to achieve it if not just in terms of military judgments daily basis with demands for consular they have adequate resources. Because service from our diplomats. And we but more importantly, in terms of the knowledge leads to understanding, economic judgments that open up mar- have accumulated more than $1 billion which leads to respect, which leads to in arrears to international organiza- kets for our free enterprise system and appreciation, which leads to friendship. our competitively priced products. tions, and that undermines our ability And it is that global friendship that to lead in the world and impedes our We are now in a global economy, a serves our national interests and will global economy in which the United ability to get multilateral institutions serve the interests of our children and to follow our aid. States has the major stake. In fact, the our grandchildren who otherwise may United States has the greatest interest have to risk their lives because of The point, simply, is that I do not in this global economy because we have failed diplomacy. think that the Sanford amendment can the most productive capacity right now We cannot afford failed diplomacy. be taken in isolation, it has to be seen for what the rest of the world wants. We cannot afford not to have the pro- in the context of very sharp cuts in the We do not have enough of a market fessionals, the people who are dedi- international account over a period of within our country to maintain the cated to American ideals in other coun- a good many years. economic growth that we depend upon tries around the world. Why we would The third point to make is, and this for our quality of life, so we need to ex- cut the State Department more after goes directly to the amendment, is I pand market opportunities around the we have already cut it so badly is be- simply think that the State Depart- world. yond me and I hope far beyond the wis- To do so, it will not be the U.S. Gov- ment cuts that are proposed by the dom of this Congress. Sanford amendment are much too deep. ernment that is going to be investing So, Mr. Chairman, I would urge my the majority of resources, it is not U.S. The bill when it came to the floor al- colleagues in this body to support the ready cut the President’s request by Government personnel who will be di- peace and prosperity that is a direct re- rectly responsible for accomplishing $200 million. We have adopted on this sult of global economic interpendency floor additional cuts of roughly $136 this national objective. It is the pri- and vote ‘‘no’’ on the Sanford amend- vate sector. It is corporations, it is in- million; and along comes Sanford, ment—and to do so overwhelmingly. which is a $225 million cut. dividual entrepreneurs. But they des- Mr. HAMILTON. Mr. Chairman, I perately need people in foreign coun- move to strike the requisite number of If we add all of this up together, what tries, in our embassies that know the words, and I oppose the amendment. we are doing is we are cutting about country, that can bail them out of Mr. Chairman, I stand in opposition half a billion dollars from the Presi- problems that they might encounter, to the Sanford amendment. I want to dent’s request. So this is not just a that in fact will represent our eco- make several points about it. The first freeze. I know the gentleman from nomic interests in a mature, in a re- point is that the Sanford amendment is South Carolina [Mr. SANFORD] intends sponsible, and in a professional man- not a cut in the foreign aid budget. this to be a freeze. And if we look at ner. There is virtually no foreign aid money his amendment itself, that is what he June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3679 is seeking to do, to freeze the level of might be savings, where there might be tioned a moment ago, either to project spending. But if we put it into the con- opportunities to cut waste, and then our message across the world or to in- text of cuts that have already been deliberately take those one piece at a crease our representation in countries adopted on the floor and cuts adopted time if clear explanations are not there such as Russia, it would limit us from in the committee, then we have got a for the expenditures. doing that. very, very substantial whack here out But to arbitrarily cut this much I would urge, rather than a broad cut, of the President’s request. money from the State Department’s come sit with us in the meetings and Now, I must say that I think we have budget at this time would do exactly work toward seeing which areas could to pay some attention to our top dip- what the gentleman from New York be changed, rather than locking the lomats here. They are the ones who we [Mr. GILMAN] has indicated and said hands of the appropriators and the au- put out on the front line to try to carry clearly it would do. It would create thorizers, for that matter, in any fur- the burden of conducting American for- cuts in our security at embassies. It ther deliberation by a direct freeze at eign policy abroad. What is striking could cut vital expansions of embassies this time. here is that every single one of them in in areas, for instance, such as Russia; Mr. GILMAN. Mr. Chairman, I move recent years, Republican or Democrat, badly in Russia. We need a country to strike the requisite number of has said to us that we need to maintain with 11 time zones, a country with an words. the State Department account. enormous amount of work to do to the (Mr. GILMAN asked and was given The chairman has a letter signed by projected market system, to convince permission to revise and extend his re- Henry Kissinger and George Shultz and them to continue along the ways of the marks.) Mr. GILMAN. Mr. Chairman, I rise in Alexander Haig and James Baker and market system and freedom. We need reluctant opposition to the amendment Lawrence Eagleberger and Gen. Colin to be putting more and more informa- proposed by the gentleman from South Powell and Brent Scowcroft. All of tion and communication there. those served with great distinction in Carolina [Mr. SANFORD] who is a distin- b 1215 the Republican administrations, and guished member of our Committee on International Relations. all of them believe that we have to We need to have availability for their Mr. Chairman, the funding in this maintain the level of funding that was members, for their citizens to be able bill is already below the levels set by reported in the committee bill. to come to the United States for both the gentleman from Ohio [Mr. KASICH] I know that committee bill is not be- business opportunities as well as edu- in the budget adopted by this House. fore us, but they want that level of cational opportunities. We need to The Sanford amendment would result funding and that means they would be have opportunities for our citizens to in cuts to a number of key programs, in opposition to the Sanford amend- travel in Russia. That is just one part such as cuts in Embassy security and ment. Add to those names the present of the world that is changing dramati- cally where we need more communica- Embassy renovations. It would cut Secretary of State, who has been ex- Radio Free Asia which the Speaker has tremely forceful in urging that this 150 tion, where we need more representa- tion rather than less. strongly supported. It would cut free- account not be cut, add to those names dom broadcasting to Cuba, and refugee her predecessor, Warren Christopher, As we try to project our message through Radio Free Asia or the broad- protection. It would result in cuts to and what you have is every single Sec- human rights programs for the op- casting to Cuba or any of the other retary of State in the past dozens of pressed people in Tibet, in Burma, and areas where we are trying to project years, in addition to some of the na- East Timor. Also affected by the cuts our point of view, as we try to expand tional security advisers, all urging us in the Sanford proposal would be Unit- services for the new countries that to maintain this level of funding, not ed States-Mexico border environmental have been under totalitarian control to freeze it, not to cut it half a billion programs, the United States Embassy and are now allowing their citizens to dollars. construction in Jerusalem, and pro- travel and to come out and see what is So I would urge my colleagues here grams to end child labor abuses. The happening in the free world, we need to to pay respect to our professional Sec- Sanford amendment will cut all of be expanding our efforts in these areas. retaries of State who have urged ade- these programs. quate funding, and to oppose the San- There are opportunities to save, but I reiterate, funding on this bill is ford amendment, which not only does across-the-board cuts such as this below the Kasich budget resolution. it cut but it also undermines the budg- would not be beneficial to any of the This bill is part of a plan to balance et agreement which we adopted on this efforts for freedom in this country. the budget. Our budget chairman, the floor just days ago by an overwhelming Mr. SANFORD. Mr. Chairman, will gentleman from Ohio [Mr. KASICH], vote. I urge a vote in opposition to the the gentleman yield? supports the bill in its current form. I Sanford amendment. Mr. TAYLOR of North Carolina. I will also note that the gentleman from Mr. TAYLOR of North Carolina. Mr. yield to the gentleman from South Louisiana [Mr. LIVINGSTON], the distin- Chairman, I move to strike the last Carolina. guished chairman of the Committee on word. Mr. SANFORD. My only question for Appropriations, the gentleman from Mr. Chairman, I abhor excessive Gov- the gentleman would be, does he think Kentucky [Mr. ROGERS], the distin- ernment spending as much as anyone that there might be 3 percent or just guished chairman of the Subcommittee and, as a member of the Committee on shy of 3 percent of waste within the on Commerce, Justice, State, and Judi- Appropriations, try to take that posi- State Department? ciary of the Committee on Appropria- tion. I also support many of the things Mr. TAYLOR of North Carolina. It tions, the gentleman from Alabama that my good friend, the gentleman would be difficult without reviewing [Mr. CALLAHAN], the distinguished from South Carolina [Mr. SANFORD] the entire bill to see. It may be, more chairman of the Subcommittee on For- supports. I think his outreach to cut than a cut, it may be a shift in re- eign Operations, Export Financing and spending in all areas of Government is sources might be needed more than a Related Programs of the Committee on certainly prudent. I cannot defend the cut itself. Appropriations, are all united in oppo- State Department on every expendi- Mr. SANFORD. This amendment sition to the Sanford amendment. This ture or everything it does. I have would leave it up to you all basically amendment breaks the budget deal ne- watched it do many foolish things over to decide on how those resources might gotiated by the gentleman from Ohio the years, as we have all in this body. shift. All it does is freeze and prevent [Mr. KASICH] which is strongly backed But I have to oppose this amendment in essence a 3-percent increase. by the leadership. because it is the wrong amendment in Mr. TAYLOR of North Carolina. It Accordingly, Mr. Chairman, I urge the wrong place. would mandate, though, if the need our colleagues to defeat the Sanford This authorization bill will go to the were there, it would restrict us in a amendment. Appropriations Subcommittee. I would way that we would not have the free- The CHAIRMAN pro tempore (Mr. advise and invite my colleague, as a dom of making that decision. If it was ROGERS). The question is on the member of that subcommittee, to come not a question of shifting or if we need- amendment offered by the gentleman in and let us look at areas where there ed more resources in areas as we men- from South Carolina [Mr. SANFORD]. H3680 CONGRESSIONAL RECORD — HOUSE June 11, 1997 The question was taken; and the Gallegly LoBiondo Redmond Amendments en bloc offered by Mr. GIL- Gejdenson Lofgren Regula MAN: Chairman pro tempore announced that Gephardt Lowey Reyes the noes appeared to have it. Strike division A and insert the following Gilchrest Maloney (CT) Rivers (and amend the table of contents accord- RECORDED VOTE Gillmor Maloney (NY) Rodriguez ingly): Gilman Manton Rogers Mr. SANFORD. Mr. Chairman, I de- Gonzalez Markey Ros-Lehtinen DIVISION A—CONSOLIDATION AND RE- mand a recorded vote. Gordon Martinez Rothman INVENTION OF FOREIGN AFFAIRS AGEN- A recorded vote was ordered. Goss Mascara Roukema CIES Green Matsui Roybal-Allard TITLE I—GENERAL PROVISIONS The vote was taken by electronic de- Gutierrez McCarthy (NY) Rush vice, and there were—ayes 163, noes 261, Hall (OH) McCollum Sabo SEC. 101. SHORT TITLE. not voting 10, as follows: Hamilton McCrery Sanchez This division may be cited as the ‘‘Foreign Hastings (FL) McDade Sanders Affairs Agencies Consolidation and Reinven- [Roll No. 179] Hefner McDermott Sandlin tion Act of 1997’’. AYES—163 Hilliard McGovern Sawyer SEC. 102. CONGRESSIONAL FINDINGS. Hinchey McHale Saxton Aderholt Foley Pease Congress makes the following findings: Hinojosa McHugh Schumer Andrews Fowler Peterson (PA) Hobson McInnis Scott (1) With the end of the Cold War, the inter- Archer Ganske Petri Holden McIntyre Serrano national challenges facing the United States Armey Gekas Pickering Hooley McKinney Sherman have changed, but the fundamental national Bachus Gibbons Pombo Horn McNulty Shimkus interests of the United States have not. The Baker Goode Portman Houghton Meehan Sisisky security, economic, and humanitarian inter- Ballenger Goodlatte Pryce (OH) Hoyer Meek Skaggs Barr Goodling Radanovich ests of the United States require continued Jackson (IL) Menendez Skeen Barrett (NE) Graham Ramstad American engagement in international af- Jackson-Lee Metcalf Skelton Bartlett Granger Riggs fairs. The leading role of the United States (TX) Millender- Slaughter Barton Gutknecht Riley Jefferson McDonald Smith (NJ) in world affairs will be as important in the Bass Hall (TX) Roemer John Miller (CA) Smith (OR) twenty-first century as it has been in the Bilirakis Hansen Rogan Johnson (CT) Minge Smith, Adam twentieth. Blunt Harman Rohrabacher Johnson (WI) Mink Snyder (2) In this context, the United States has a Boehner Hastert Royce Johnson, E. B. Moakley Spratt Bono Hastings (WA) Ryun historic opportunity to continue the reinven- Kanjorski Mollohan Stabenow Boswell Hayworth Salmon tion of the agencies primarily responsible for Kaptur Moran (VA) Stark Brady Hefley Sanford implementing the Nation’s foreign policies. Kasich Morella Stokes Bryant Herger Schaefer, Dan Kelly Murtha Strickland (3) The United States budget deficit and Bunning Hill Schaffer, Bob Kennedy (MA) Nadler Stupak the agreement to come to a balanced budget Burr Hilleary Sensenbrenner Kennedy (RI) Neal Tauscher over 5 years requires that the foreign as well Burton Hoekstra Sessions Kennelly Northup Taylor (NC) as the domestic programs and activities of Camp Hostettler Shadegg Kildee Oberstar Thomas Campbell Hulshof Shaw the United States be carefully reviewed. Kilpatrick Obey Thompson Cannon Hunter Shays Wherever possible, foreign programs and ac- Kind (WI) Olver Thurman Castle Hutchinson Shuster tivities must be streamlined, managed more King (NY) Ortiz Tierney Chabot Hyde Smith, Linda Kleczka Owens Torres efficiently, and adapted to the requirements Chambliss Inglis Snowbarger Klink Oxley Turner of the post-Cold War era. Chenoweth Istook Solomon Knollenberg Packard Velazquez (4) In order to streamline the foreign pro- Christensen Jenkins Souder Kolbe Pallone Vento grams and activities of the United States Coble Johnson, Sam Spence Kucinich Pappas Visclosky Coburn Jones Stearns without jeopardizing United States interests, LaFalce Pascrell Walsh Collins Kim Stenholm strong and effective leadership will be re- LaHood Pastor Waters Combest Kingston Stump quired. In order to promote this streamlining Lampson Payne Watt (NC) Condit Klug Sununu Lantos Pelosi Watts (OK) process, the proliferation of foreign affairs Cook Largent Talent Latham Peterson (MN) Waxman agencies that occurred during the Cold War Cox Lewis (KY) Tanner LaTourette Pickett Weller must be reversed by reinventing, streamlin- Cramer Lucas Tauzin Lazio Pitts Wexler ing, and reorganizing the foreign affairs Crane Luther Taylor (MS) Leach Pomeroy Weygand Crapo Manzullo Thornberry structure under the strengthened leadership Levin Porter Wise Cubin McCarthy (MO) Thune of the Secretary of State. Lewis (CA) Poshard Wolf Cunningham McIntosh Tiahrt (5) The continuing reinvention, streamlin- Lewis (GA) Price (NC) Woolsey Danner McKeon Traficant Linder Quinn Wynn ing, and reorganization of the foreign affairs Deal Mica Upton Lipinski Rahall Yates agencies, the Department of State, the Arms DeFazio Miller (FL) Wamp Livingston Rangel Control and Disarmament Agency, the Unit- DeLay Moran (KS) Watkins ed States Information Agency, the Inter- Dickey Myrick Weldon (FL) NOT VOTING—10 Doggett Nethercutt Weldon (PA) national Development Cooperation Agency, Farr Molinari Smith (TX) Doolittle Neumann White and the United States Agency for Inter- Flake Scarborough Towns Dreier Ney Whitfield national Development, must ensure that Forbes Schiff Duncan Norwood Wicker Greenwood Smith (MI) these agencies can effectively confront the Emerson Nussle Young (AK) new and pressing challenges of the post-Cold English Parker Young (FL) b 1240 War world. Ensign Paul (6) Any reinvention, streamlining, and re- Everett Paxon Messrs. ALLEN, WELLER, and SHIMKUS, and Ms. SANCHEZ changed organization of the foreign affairs agencies NOES—261 must recognize the fact that arms control their vote from ‘‘aye’’ to ‘‘no.’’ Abercrombie Brown (OH) Dicks and nonproliferation, sustainable develop- Ackerman Buyer Dingell Messrs. BURTON of Indiana, HYDE, ment, and public diplomacy are now more Allen Callahan Dixon and KIM changed their vote from ‘‘no’’ central than ever to the success of the Unit- Baesler Calvert Dooley to ‘‘aye.’’ ed States foreign policy. Any integration of Baldacci Canady Doyle So the amendment was rejected. these agencies should preserve the unique Barcia Capps Dunn skills and capabilities of each of the agencies Barrett (WI) Cardin Edwards The result of the vote was announced Bateman Carson Ehlers as above recorded. in a reinvented Department of State. (7) A reinvented, streamlined, reorganized, Becerra Clay Ehrlich AMENDMENTS EN BLOC OFFERED BY MR. GILMAN Bentsen Clayton Engel and more flexible foreign affairs structure Bereuter Clement Eshoo Mr. GILMAN. Mr. Chairman, I offer under the strengthened leadership of the Berman Clyburn Etheridge amendments en bloc. Secretary of State can more effectively pro- Berry Conyers Evans The CHAIRMAN pro tempore (Mr. mote the international interests of the Unit- Bilbray Cooksey Ewing OODLATTE ed States and enhance the United States’ Bishop Costello Fattah G ). The Chair would inquire Blagojevich Coyne Fawell of the gentleman from Indiana [Mr. ability to meet the growing foreign policy Bliley Cummings Fazio HAMILTON] if he concurs in the offering challenges during the next century. Blumenauer Davis (FL) Filner of this en bloc amendments? (8) The new foreign affairs structure should Boehlert Davis (IL) Foglietta Mr. HAMILTON. I do, Mr. Chairman. be one that will maintain the quality of and Bonilla Davis (VA) Ford strengthen the public diplomacy and arms Bonior DeGette Fox The CHAIRMAN pro tempore. The control functions now performed by the Borski Delahunt Frank (MA) Clerk will designate the amendments United States Information Agency and the Boucher DeLauro Franks (NJ) en bloc. Boyd Dellums Frelinghuysen Arms Control and Disarmament Agency. Brown (CA) Deutsch Frost The text of the amendments en bloc SEC. 103. PURPOSES. Brown (FL) Diaz-Balart Furse is as follows: The purposes of this division are— June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3681 (1) to provide for the streamlining and re- with another part of the same agency or the duties substantially similar to the duties of invention of the Department of State to en- functions thereof. an office proposed to be created under such able it better to incorporate additional func- (b) SUBMISSION OF PLAN.— plan, may, in the discretion of the Secretary tions and agencies, manage new responsibil- (1) IN GENERAL.—The President shall sub- of State, assume the duties of such new of- ities, make the Department more effective, mit the reorganization plan for the foreign fice, and shall not be required to be re- maximize the efficient use of resources, and affairs agencies under subsection (a) to both appointed by reason of the abolition or make it better able to defend American in- Houses of Congress on the same day and to transfer of the individual’s previous office. terests and promote American values abroad; each House while it is in session. If on the (c) LIMITATION ON TRANSFERS OF UNEX- (2) to consolidate and integrate certain date that is 60 days after the date of the en- PENDED BALANCES.—The reorganization plan agencies and certain functions of other agen- actment of this Act, the plan has not been for the foreign affairs agencies may provide cies of the United States into the reinvented submitted and either House is not in session, for the transfer of unexpended balances pur- Department of State; the plan shall be submitted on the first day suant to subsection (a)(3) only if such bal- (3) to ensure that the United States main- thereafter when both Houses are in session. ances are used for the purposes for which the tains adequate representation abroad within (2) INFORMATION REGARDING IMPLEMENTA- appropriation was originally made or for the available budgetary resources; TION.—The message of the President, submit- purpose of reorganization. (4) to ensure that programs critical to the ted together with the reorganization plan, SEC. 203. LIMITATION ON POWERS. promotion of United States interests be shall include information regarding imple- The reorganization plan for the foreign af- maintained; and mentation of the plan which shall— fairs agencies submitted under this title may (5) to strengthen— (A) describe in detail— not provide for, and a reorganization under (A) the coordination of United States for- (i) the actions necessary or planned to this title may not have the effect of— eign policy; and complete the reorganization, (1) creating a new executive department, (B) the leading role of the Secretary of (ii) the anticipated nature and substance of renaming an existing executive department, State in the formulation and articulation of any orders, directives, and other administra- or abolishing or transferring an executive de- United States foreign policy. tive and operational actions which are ex- partment or all the functions thereof; SEC. 104. DEFINITIONS. pected to be required for completing or im- (2) authorizing an agency to exercise a plementing the reorganization, and The following terms have the following function which is not expressly authorized (iii) any preliminary actions which have meanings for the purposes of this division: by law at the time the plan is submitted to been taken in the implementation process, (1) The term ‘‘ACDA’’ means the United Congress; or and States Arms Control and Disarmament (3) creating a new agency which is not a (B) contain a projected timetable for com- Agency. component or part of an existing agency. pletion of the implementation process. (2) The term ‘‘agency’’ means the Depart- SEC. 204. EFFECTIVE DATE AND PUBLICATION OF ment of State, the Arms Control and Disar- The President shall also provide such further REORGANIZATION PLAN FOR THE FOREIGN AFFAIRS AGENCIES. mament Agency, the United States Informa- background or other information as the Con- (a) EFFECTIVE DATE.—A reorganization tion Agency, the International Development gress may require for its consideration of the plan. plan for the foreign affairs agencies submit- Cooperation Agency, and the Agency for ted pursuant to section 201 shall become ef- International Development. (c) AMENDMENT OF PLAN.—During the 60 calendar-day period after the date on which fective in accordance with titles III through (3) The term ‘‘AID’’ means the Agency for VI of this Division, on the effective date International Development. the plan is submitted to the Congress, the President may transmit to the Congress specified in each such title with respect to (4) The term ‘‘Department’’ means the De- the agency or agencies subject to each such partment of State. amendments or modifications to the plan, consistent with this division, which shall be title. (5) The term ‘‘officer’’ is not limited by the (b) PUBLICATION.—A reorganization plan meaning of such term under section 2104 of considered as though submitted together with the reorganization plan and shall not for the foreign affairs agencies which is ef- title 5, United States Code. fective shall be printed (1) in the Statutes at (6) The term ‘‘reorganization’’ means inte- affect any effective date or deadline under this division. Large, and (2) in the Federal Register. gration, transfer, consolidation, coordina- (c) AUTHORITY PRIOR TO EFFECTIVE DATE.— tion, authorization, or abolition. SEC. 202. CONTENTS OF REORGANIZATION PLAN. Notwithstanding subsection (a), the reorga- (7) The term ‘‘Secretary’’ means the Sec- (a) CONTENTS.—A reorganization plan for nization plan for the foreign affairs agencies retary of State. the foreign affairs agencies submitted under submitted pursuant to section 201 may pro- (8) The term ‘‘USIA’’ means the United section 201 of this title— vide for the transfer of the whole or part of States Information Agency. (1) notwithstanding section 1 of the State functions prior to the effective dates estab- Department Basic Authorities Act of 1956, TITLE II—PLAN FOR CONSOLIDATING, lished in titles II through VI, including the may provide for the appointment and pay of STREAMLINING, AND REORGANIZING transfer of personnel and funds associated one or more officers of any agency, including THE FOREIGN AFFAIRS AGENCIES with such functions. appointment of additional Under Secretaries TITLE III—UNITED STATES ARMS SEC. 201. REORGANIZATION PLAN. and Assistant Secretaries (except that the CONTROL AND DISARMAMENT AGENCY (a) REORGANIZATION AUTHORITY.— total number may not exceed the total num- (1) IN GENERAL.—No later than 60 days ber of officers previously authorized at Exec- CHAPTER 1—GENERAL PROVISIONS after the date of the enactment of this Act, utive Schedule levels III and IV of the agen- SEC. 301. EFFECTIVE DATE. the President shall submit to the Congress a cies subject to this division), if the President This title, and the amendments made by reorganization plan for the foreign affairs determines, and in the President’s message this title, shall take effect on the earlier of— agencies specifying, in accordance with ti- submitting the plan declares that, by reason (1) October 1, 1998; or tles III through VI of this division, the reor- of a reorganization made by the plan, the (2) the date of abolition of the United ganization of the Department of State, the provisions are necessary; States Arms Control and Disarmament Arms Control and Disarmament Agency, the (2) shall provide for the transfer or other Agency pursuant to the reorganization plan United States Information Agency, the disposition of the records, property, and per- described in section 201. International Development Cooperation sonnel affected by a reorganization; CHAPTER 2—ABOLITION OF UNITED Agency, and the Agency for International (3) shall provide for the transfer of such STATES ARMS CONTROL AND DISAR- Development. unexpended balances of appropriations, and MAMENT AGENCY AND TRANSFER OF (2) MANDATORY ELEMENTS.—The plan shall of other funds, available for use in connec- FUNCTIONS provide for— tion with a function or agency affected by a SEC. 311. ABOLITION OF UNITED STATES ARMS (A) the transfer of the whole or a part of reorganization, as the President considers CONTROL AND DISARMAMENT agencies, or of the whole or a part of the necessary by reason of the reorganization for AGENCY. functions thereof, to the jurisdiction and use in connection with the functions affected The United States Arms Control and Disar- control of the Department of State; and by the reorganization, or for the use of the mament Agency is abolished. (B) the consolidation or coordination of agency which shall have the functions after SEC. 312. TRANSFER OF FUNCTIONS TO SEC- the whole or a part of agencies, or of the the reorganization plan is effective; and RETARY OF STATE. whole or a part of the functions thereof, with (4) shall provide for terminating the affairs There are transferred to the Secretary of the whole or a part of another agency or the of an agency abolished. State all functions of the Director of the functions thereof. (b) TRANSFERS OF OFFICIALS.—If the reor- United States Arms Control and Disar- (3) DISCRETIONARY ELEMENTS.—The plan ganization plan for the foreign affairs agen- mament Agency and all functions of the may provide for— cies under section 201 contains provisions United States Arms Control and Disar- (A) the abolition of all or a part of the pursuant to subsection (a)(1) of this section, mament Agency and any office or component functions of an agency, except that no en- an individual holding office immediately of such agency under any statute, reorga- forcement function or statutory program prior to the abolition or transfer of the office nization plan, Executive order, or other pro- shall be abolished by the plan; and by this division who was appointed to the of- vision of law as of the day before the effec- (B) the consolidation or coordination of a fice by the President, by and with the advice tive date of this title, except as otherwise part of an agency or the functions thereof and consent of the Senate, and who performs provided in this division. H3682 CONGRESSIONAL RECORD — HOUSE June 11, 1997 SEC. 313. UNDER SECRETARY FOR ARMS CON- casting Board of Governors and the Director CHAPTER 2—ABOLITION OF INTER- TROL AND INTERNATIONAL SECU- of the International Broadcasting Bureau NATIONAL DEVELOPMENT COOPERA- RITY. shall continue to have the responsibilities TION AGENCY AND TRANSFER OF FUNC- (a) ESTABLISHMENT OF UNDER SECRETARY set forth in title III of the Foreign Relations TIONS FOR ARMS CONTROL AND INTERNATIONAL SECU- SEC. 511. ABOLITION OF UNITED STATES INTER- RITY.—Section 1 of the State Department Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6201 et seq.), except that, as fur- NATIONAL DEVELOPMENT CO- Basic Authorities Act of 1956 (22 U.S.C. 2651a) OPERATION AGENCY. is amended in subsection (b)— ther set forth in chapter 3 of this title, ref- (a) IN GENERAL.—The United States Inter- (1) by striking ‘‘There’’ and inserting the erences in that Act to the United States In- national Development Cooperation Agency is following: formation Agency shall be deemed to refer to abolished. ‘‘(1) IN GENERAL.—There’’; and the Department of State, and references to (b) AID AND OPIC.—Subsection (a) shall (2) by adding at the end the following: the Director of the United States Informa- not be interpreted to apply to the Agency for ‘‘(2) UNDER SECRETARY FOR ARMS CONTROL tion Agency shall be deemed to refer to the International Development (AID) or the AND INTERNATIONAL SECURITY.—There shall Secretary of the State. Overseas Private Investment Corporation be in the Department of State, among the (OPIC). Under Secretaries authorized by paragraph SEC. 413. UNDER SECRETARY OF STATE FOR PUB- (1), an Under Secretary for Arms Control and LIC DIPLOMACY. SEC. 512. TRANSFER OF FUNCTIONS. International Security who shall, among The reorganization plan submitted pursu- Section 1(b) of the State Department Basic ant to section 201 shall provide for the trans- other duties, assist the Secretary and the Authorities Act of 1956 (22 U.S.C. 2651a(b) is Deputy Secretary in matters related to arms fer to another agency or agencies of all func- amended— tions of the Director of the United States control and international security policy.’’. (1) by inserting ‘‘(1) before ‘‘There’’; and (b) PARTICIPATION IN MEETINGS OF NA- International Development Cooperation (2) by adding at the end the following new TIONAL SECURITY COUNCIL.—Section 101 of the Agency and all functions of the United paragraph: National Security Act of 1947 (50 U.S.C. 402) States International Development Coopera- ‘‘(2) UNDER SECRETARY FOR PUBLIC DIPLO- is amended by adding at the end the follow- tion Agency and any office or component of MACY.—There shall be in the Department of ing new subsection: such agencies under any statute, reorganiza- ‘‘(i) The Under Secretary for Arms Control State, in addition to the Under Secretaries tion plan, Executive order, or other provi- and International Security may, in the role authorized by paragraph (1), an Under Sec- sion of law before the effective date of this of advisor to the National Security Council retary for Public Diplomacy who shall have title, except as otherwise provided in this di- on arms control, nonproliferation, and disar- responsibility, among other duties, to assist vision. the Secretary and the Deputy Secretary in mament matters, and subject to the direc- TITLE VI—AGENCY FOR INTERNATIONAL matters related to United States public di- tion of the President, attend and participate DEVELOPMENT plomacy policies and programs, including in meetings of the National Security Coun- CHAPTER 1—GENERAL PROVISIONS cil.’’. international educational and cultural ex- change programs, information, and inter- SEC. 601. EFFECTIVE DATE. SEC. 314. REPEAL RELATING TO INSPECTOR GEN- ERAL FOR UNITED STATES ARMS national broadcasting. This title, and the amendments made by CONTROL AND DISARMAMENT this title, shall take effect on the earlier of— AGENCY. CHAPTER 3—CONFORMING AMENDMENTS (1) October 1, 1999; or Section 50 of the Arms Control and Disar- SEC. 421. REFERENCES IN LAW. (2) the date of reorganization of the Agen- mament Act (22 U.S.C. 2593a), relating to the cy for International Development pursuant ACDA Inspector General, is repealed. Any reference in any statute, reorganiza- to the reorganization plan described in sec- CHAPTER 3—CONFORMING AMENDMENTS tion plan, Executive order, regulation, agree- tion 201. ment, determination, or other official docu- SEC. 321. REFERENCES. CHAPTER 2—REORGANIZATION OF AGEN- Any reference in any statute, reorganiza- ment or proceeding to— CY FOR INTERNATIONAL DEVELOP- tion plan, Executive order, regulation, agree- (1) the Director of the United States Infor- MENT AND TRANSFER OF FUNCTIONS ment, determination, or other official docu- mation Agency or the Director of the Inter- national Communication Agency shall be SEC. 611. REORGANIZATION OF AGENCY FOR ment or proceeding to— INTERNATIONAL DEVELOPMENT. deemed to refer to the Secretary of State; (1) the Director of the United States Arms (a) IN GENERAL.—The Agency for Inter- and Control and Disarmament Agency, or any national Development shall be reorganized (2) the United States Information Agency, other officer or employee of the United in accordance with this division and the re- USIA, or the International Communication States Arms Control and Disarmament organization plan submitted pursuant to sec- Agency shall be deemed to refer to the De- Agency, shall be deemed to refer to the Sec- tion 201. partment of State. retary of State; and (b) AUTHORITY OF THE SECRETARY OF (2) the United States Arms Control and SEC. 422. APPLICATION OF CERTAIN LAWS. STATE.—The Agency for International Devel- Disarmament Agency shall be deemed to opment shall report to and be under the di- refer to the Department of State. (a) APPLICATION TO FUNCTIONS OF DEPART- rect authority and foreign policy guidance of MENT OF STATE.—Section 501 of Public Law TITLE IV—UNITED STATES INFORMATION the Secretary of State. AGENCY 80–402 section 202 of Public Law 95–426, and (c) FUNCTIONS TO BE TRANSFERRED.—The section 208 of Public Law 99–93 shall not CHAPTER 1—GENERAL PROVISIONS reorganization of the Agency for Inter- apply to public affairs and other information national Development shall provide, at a SEC. 401. EFFECTIVE DATE. dissemination functions of the Secretary of This title, and the amendments made by minimum, for the transfer to and consolida- this title, shall take effect on the earlier of— State as carried out prior to any transfer of tion with the Department of State of the fol- (1) October 1, 1999; or functions pursuant to this division. lowing functions of the agency: (1) Press office. (2) the date of abolition of the United (b) APPLICATION TO FUNCTIONS TRANS- (2) Certain administrative functions. States Information Agency pursuant to the FERRED TO DEPARTMENT OF STATE.—Section reorganization plan described in section 201. 501 of Public Law 80–402, section 202 of Public Strike section 1303 and insert the follow- CHAPTER 2—ABOLITION OF UNITED Law 95–426, and section 208 of Public Law 99– ing: STATES INFORMATION AGENCY AND 93 shall apply only to overseas public diplo- TRANSFER OF FUNCTIONS SEC. 1303. PERSONNEL MANAGEMENT. macy programs of the Director of the United The official with primary responsibility for SEC. 411. ABOLITION OF UNITED STATES INFOR- States Information Agency as carried out matters relating to personnel in the Depart- MATION AGENCY. prior to any transfer of functions pursuant The United States Information Agency is ment of State, or that person’s principal dep- to this division. abolished. uty, shall have substantial professional qualifications in the field of human resource SEC. 412. TRANSFER OF FUNCTIONS. TITLE V—UNITED STATES INTER- policy and management. (a) TRANSFER TO SECRETARY OF STATE.— NATIONAL DEVELOPMENT COOPERA- There are transferred to the Secretary of TION AGENCY State all functions of the Director of the Strike section 1304 and insert the follow- United States Information Agency and all CHAPTER 1—GENERAL PROVISIONS ing: SEC. 1304. DIPLOMATIC SECRETARY. functions of the United States Information SEC. 501. EFFECTIVE DATE. Agency and any office or component of such Any Assistant Secretary with primary re- agency under any statute, reorganization This title, and the amendments made by sponsibility for diplomatic security, or that plan, Executive order, or other provision of this title, shall take effect on the earlier of— person’s principal deputy, shall have sub- law as of the day before the effective date of (1) October 1, 1998; or stantial professional qualifications in the this title, except as otherwise provided in (2) the date of abolition of the United fields of (1) management, and (2) Federal law this division. States International Development Coopera- enforcement, intelligence, or security. (b) PRESERVING THE INDEPENDENCE OF tion Agency pursuant to the reorganization INTERNATIONAL BROADCASTING.—The Broad- plan described in section 201. Strike section 1306. June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3683 Strike section 1707. ago, which the administration also sup- one thing. I understand that the Mr. GILMAN. Mr. Chairman, I am ported. The key point is that this amendment at this point basically does pleased to offer this en bloc amend- amendment now permits the President that instead of telling them how to re- ment which represents a bipartisan to have the kind of flexibility he needs organize. They have been talking about agreement with the administration on to get the reorganization job done. I reorganization of USAID for the last how to implement the contentious think the Chairman’s amendment several months, or the last several issue of reorganizing and streamlining builds in some tight deadlines and years, and we have instructed and our Nation’s foreign affairs agencies. other requirements that helps to en- pleaded with the administration to This bipartisan agreement is the result sure that the President will follow take heed. But for the Congress to of lengthy hours of negotiation, and I through on his commitments to reorga- micromanage to the extent that we want to stress to my Republican col- nize in a timely manner. start telling the administrative branch leagues that we have not capitulated I believe, as I said earlier, that the of government how they are going to on any of the key issues of concern to President is entitled to organize the reorganize is in my opinion wrong, and all of us. This bill still eliminates two executive branch as he sees fit without I think it is violative of at least the agencies, and it does so under a strict micromanagement from the Congress. spirit of the Constitution to do so. timetable that will not permit the abo- The President has made the commit- Mr. Chairman, I have listened to the lition of agencies to be indefinitely ment to consolidate and to reorganize debate for the last several weeks on postponed. the foreign affairs agencies, and we this issue and I have listened to all of Specifically, Mr. Chairman, this need to make sure he has the tools to the controversy about Indonesia, and I amendment mandates that the Arms carry out that commitment. This have talked to some of my colleagues Control and Disarmament Agency and amendment provides the President about the problems in Indonesia and I the International Development Co- with those tools and allows Congress to have heard about the problems in Cuba, operation Agency will be abolished by focus more on results, less on struc- and certainly, that is what we ought to no later than October 1, 1998. It further ture. do, talk about our concerns. We ought mandates that the U.S. Information So I strongly urge the support and to express our views to our colleagues. Agency will be abolished and the Agen- adoption of this amendment. But at the same time, we must recog- cy for International Development will Mr. CALLAHAN. Mr. Chairman, I nize that people are listening to what be partially folded into the State De- move to strike the last word. we say. partment by no later than October 1, Mr. Chairman, I rise today in support Last year on the foreign operations 1999. There is no waiver, no escape of the bill being managed by the gen- bill, the appropriation bill, for exam- clause, no smoke and mirrors. The tleman from New York [Mr. GILMAN], ple, there was a great debate talking agencies will be abolished. my good friend, and by the gentleman about we wanted to force the people of While the October 1 date we have from Indiana (Mr. HAMILTON]. I believe Turkey to apologize for a massacre agreed to is 45 days later in each case it is a good bill and I believe this en that took place decades ago. It had no than initially proposed, the 45 addi- bloc amendment is going to be a pretty business being discussed on the floor of tional days for these agencies is not good amendment. this House, in my opinion. And the too great a price to pay for what we At the same time, Mr. Chairman, I Turks, when we needed them in Korea, have achieved. The critical point is want to take this opportunity to ad- they were right there. We accepted that the initial administration pro- dress my colleagues and to address them into NATO, and yet at the same posal on reorganization provided for both the chairman and the ranking time we were sending a message to neither the mandatory abolition of member of the subcommittee. I sup- them that we disagree with everything agencies nor a definite ending by which port, for example, any increase in the they do, simply because of an atrocity consolidation had to occur. efficiency of government. However, that took place decades ago. someday I would like to take the op- During the debate this week we b 1345 portunity to call Bill Rehnquist of the talked about Indonesia, and I know The agreement we have reached is Supreme Court and ask him to come that a lot of people are concerned not only a good agreement, but it will across the street and have a conference about the human rights violations in also enable us to move toward con- with Members of Congress and give us Indonesia. So am I. But at the same ference with solid, bipartisan support a basic lesson in civics, and that is the time, we have to recognize that Indo- for this bill. Constitution gives foreign policy to the nesia is a place where Americans are Accordingly, Mr. Chairman, I urge all administrative branch of government. doing business, where our Government of my colleagues to fully support this Mr. Chairman, I did not vote for Bill is working to improve the very con- en bloc amendment. Clinton, but the American people, the cerns that we have. Mr. HAMILTON. Mr. Chairman, I majority of them, did vote for him, and They are working to encourage Indo- move to strike the last word. we elected him. They elected him to nesia to eliminate any possibility of fu- (Mr. HAMILTON asked and was given lead foreign policy. For the Congress to ture actions of human rights viola- permission to revise and extend his re- continue to try to micromanage the tions, and we are moving in the right marks.) administrative branch of government direction. We give them absolutely no Mr. HAMILTON. Mr. Chairman, I rise to the extent that they are telling credit for what they have accomplished in support of the amendment, en bloc them, as I mentioned earlier today, in consultation with our executive amendment offered by the gentleman what color to paint their embassies is branch of government, and yet criticize from New York [Mr. GILMAN], chair- absolutely wrong. them and tell them in a sense that we man of the committee. I think it I know that this particular re- do not like them, that we do not want changes very dramatically the underly- organizational effort that is in this en anything to do with them, while Amer- ing language of the bill on reorganiza- bloc amendment has had a lot of hear- ican businessmen are over there creat- tion of U.S. foreign affairs agencies. I ing in the Committee on International ing jobs for American workers. They certainly want to commend the chair- Relations, and I commend my col- are building generator plants, they are man of the committee and his staff and leagues for that. I know that there has building the generators in the United those in the State Department who been a lot of compromise that has States of America. They are creating worked very assiduously in the last few taken place in the last few hours re- jobs. They are making progress, for ex- days and hours to reach an agreement garding some perfecting amendments ample, in the area of human rights, and on this amendment. All of them need to the amendment offered by the gen- we ought to give them credit there and to be complimented for their work and tleman from New York, and I applaud we ought to let our diplomats, the peo- their diligence and for the work prod- that. ple we have, the people that have been uct they have produced. But for us today to tell the adminis- appointed by the President of the Unit- I think this amendment is now very tration how they are going to reorga- ed States, the professionals that he has close to the language of the amend- nize I think is absolutely wrong. If we chosen, to negotiate these things rath- ment I originally proposed a few days want to tell them to reorganize, that is er than us jumping up on the floor of H3684 CONGRESSIONAL RECORD — HOUSE June 11, 1997 the House every time we visit a foreign through increased bilateral trade and other tion Agency, and contains traditional country and become pseudo experts on exchanges will bear more fruit. Through con- State authorization funding passed reg- everything in the world. We are not the tinuing constructive engagement, American ularly by Congress, authorizing appro- body to do that. We can give our mes- policies, principles and values can be best priations for USIA, for State, and demonstrated to Indonesia. Continuing open sages, but we must recognize that peo- debate on the applicability of punitive sanc- ACDA. It contains anti-Castro provi- ple are listening to this. tions does nothing to further this relation- sions that will help tighten the eco- Since the debate that took place a ship. Should sanctions be imposed, they nomic squeeze on Cuba. It funds impor- few days ago on Indonesia, the Presi- serve as a double obstacle to continuing en- tant United States-Mexico environ- dent, or the head of Indonesia has now gagement by prohibiting new trade and ex- mental border programs. notified us that they do not want to change initiatives, while curtailing existing It contains provisions nailing dead- participate anymore in IMET training. trade and exchange. This is bad for U.S. ex- beat diplomats who drink, drive, and I think that is wrong. Our military port growth, and costs American citizens kill, winning the endorsements even of wants to train their people, train them jobs. our Mothers Against Drunk Driving, While no one can dispute that serious fail- and most important, it has been en- in human rights, train them in the ures occurred in Timor-Timor, the govern- same type of activities so that we can ment of Indonesia has demonstrated ‘‘Con- dorsed by Secretaries of State depend upon them should we ever need tinuous Improvement’’ of its human rights Eagleburger, Baker, Shultz, Haig, and them. record as exemplified by its performance Kissinger, along with National Secu- The CHAIRMAN. The time of the during the Timika riots in the province of rity Advisors General Colin L. Powell gentleman from Alabama [Mr. CAL- Irian Jaya and more recently during the and General Brent Scowcroft. LAHAN] has expired. elections. Although Indonesians suspected of Mr. Chairman, as we wind up our de- (By unanimous consent, Mr. CAL- causing civil disorder have been detained, no bate on this bill, I would also like to LAHAN was allowed to proceed for 2 ad- deaths have been attributed to government thank some of the people for their con- ditional minutes.) intervention. tributions in support of the measure. I Indonesian citizens deem the recent cam- Mr. CALLAHAN. Mr. Chairman, I paign to have been fairly conducted. From would like to thank Members on both would like to insert in the RECORD a the start, the ruling party GOLKAR was sides of the aisle who have cooperated letter from Michael McGowan who was never questioned with regard to its majority, both in committee and here on the once a member of the Board of Gov- only the degree of its majority. floor in particular. I want to thank the ernors of the American Chamber of Religious freedom is a tenet of the coun- gentleman from New Jersey [Mr. Commerce, which is all of the Amer- try’s national philosophy. President SMITH], the distinguished chairman of ican companies doing business in Indo- Soeharto, himself a devout Muslim, openly our Subcommittee on International nesia, and let the Members have the participates in observances of other religious Operations and Human Rights, who is festivals such as Christmas and Easter. responsible for a good portion of the opportunity to read his views, to recog- To a great extent, the current debate in nize that there is more to this than the U.S. is driven by reports of ‘‘bad news.’’ bill that is before us and marked up a just human rights. This is not surprising as in the old cliche´ significant part of it in subcommittee. We are doing the same thing with ‘‘bad news, sells papers.’’ What I feel is re- I also want to thank the gentleman China, and I am concerned about that. quired is as follows: from Nebraska [Mr. BEREUTER], the When China violated human rights and Continuing Constructive Engagement be- chairman of our Subcommittee on Asia they locked up Harry Wu, I was one of tween the U.S. and Indonesian Governments. and the Pacific, who has been espe- the ones that accompanied the gen- Increasing U.S. Trade with Indonesia to- cially supportive, and our other distin- gether with increasing the presence of U.S. tleman from Louisiana [Mr. LIVING- guished subcommittee chairpersons business to demonstrate the application of STON], the chairman of the Committee who have made contributions. American Values and Principles. I want to thank our distinguished on Appropriations, to go to China to I thank you for this opportunity to express try to get Harry Wu out of jail. We my thoughts. ranking Democratic member, Mr. HAM- should do those things. We should en- Very truly yours, ILTON, for his cooperation in working courage them, but it is like a child MICHAEL C. MCGOWAN. out a bipartisan approach to this bill, coming home with a B-plus and is criti- Ms. ROS-LEHTINEN. Mr. Chairman, and hopefully, we will both be able to cized for not getting an A. I move to strike the requisite number get support for this in the other body. So I want the Members of this body of words. The staff and the committee on both to know that people are paying atten- I am very pleased to stand in support the majority and the minority side tion to us, that we should recognize of the Gilman amendment, and I would have worked especially hard on this that we have diplomats to work out like to yield my remaining time to the bill and deserve the thanks of all of our these problems, that we do have the gentleman from New York [Mr. GIL- Members. We have also had vital as- right to express our concerns, but that MAN], the very able chairman of the sistance from the Office of Legislative we ought to be a little bit more cau- Committee on International Relations Counsel and from the expert Par- tious and we ought to be a little bit who conducts his committee, as well as liamentarians. Finally, Mr. Speaker, I would like to more cautious on the micromanage- the amendments on the floor, in a very express my appreciation to you and ment of the Federal Government, of fair, bipartisan manner, and it has been your predecessors in the chair for an the executive branch of Government, in an honor for me to be a part of his extensive, long consideration of this making certain that we give them the committee. measure. latitude that they need, that is nec- Mr. GILMAN. Mr. Chairman, I thank Mr. Chairman, again I urge my col- essary, to reorganize USAID, or any the gentlewoman for yielding, and I leagues on both sides of the aisle to other department that we have juris- thank her for her support of this give their support to this bipartisan diction over. amendment. She is a distinguished sub- measure on the final vote. JUNE 9, 1997. committee chairman on our commit- Hon. SONNY CALLAHAN, tee. I wanted to take this opportunity b 1300 Committee on Appropriations, U.S. House of with regard to the adoption of this Mr. SERRANO. Mr. Chairman, I Representatives, U.S. Congress, Washing- amendment, and to also discuss the move to strike the requisite number of ton, DC. DEAR CHAIRMAN CALLAHAN: With regard to final passage of this measure. words. the recent congressional debate concerning I would like to note to my colleagues Mr. Chairman, when the Committee the Republic of Indonesia, I would like to that this measure, as my colleagues rises and reports this bill to the House, offer you some personal comments as a sev- consider their final vote, contains no I understand that a separate vote may enteen year resident of Indonesia and a U.N. arrearages, contains no foreign be called for on the amendment I of- member of the Board of Governors of the aid, consolidates two Federal agencies fered that was adopted in the House American Chamber of Commerce in Indo- that are in the en bloc amendment, last Wednesday. If that should occur, it nesia. First, the current debate in the congress merging them into the State Depart- is my intention to call for a separate does little to further U.S.-Indonesia bilateral ment, pursuant to the President’s an- vote in the House on several other relations. Constructive engagement with In- nouncement with regard to the Arms amendments that passed in the Com- donesia both at a governmental level and Control Agency and the U.S. Informa- mittee of the Whole. June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3685 My amendment requires that the amendment that we are simply seeking Mr. MILLER of California. Mr. Chair- Secretary of State issue a report every a vote on, what that would do. United man, I move to strike the requisite 3 months listing all complaints by the States taxpayer funds would have to be number of words. Government of Cuba to the United expended so that any and all com- Mr. Chairman, I would just say that, States Government agencies. If we are plaints made by the terrorist state, the if somehow an amendment should be going to be taking another vote on this dictatorship of Cuba, any complaints revoted because it was passed on the amendment, I believe then that some against United States citizens, any and floor when there were very few Mem- other amendments also deserve an- all complaints, would have to be re- bers of Congress, that is the history of other vote. ported on and paid for by United States this bill. Perhaps the gentleman from My amendment is not controversial; taxpayers. To call that a noncontrover- New York [Mr. SERRANO] is right for a rather, its purpose is to make sure that sial amendment is really almost incon- number of other reasons. This entire Congress has enough information to ceivable. bill basically has been debated by few make informed judgments on our poli- Now, we are simply asking for a vote, or no Members on the floor. cies toward Cuba. There is no reason to and we are going to ask a vote, the Mr. SERRANO. Mr. Chairman, will select this particular amendment out gentlewoman from Florida [Ms. ROS- the gentleman yield? of all of the amendments that have LEHTINEN] is going to ask for a vote at Mr. MILLER of California. I yield to been agreed to for a revote. In fact, the appropriate time. It seems incon- the gentleman from New York. there is no reason to vote against my ceivable that that would be called not Mr. SERRANO. Mr. Chairman, I amendment, unless Members do not only noncontroversial but that in any thank the gentleman from California want to see the more balanced and way it would be implied as though it for yielding to me. complete view of Cuba that these State were something excessive on our part Mr. Chairman, the gentleman is cor- Department reports could present. I be- to ask for a vote. rect. I came to this floor that evening lieve that this information will help Ms. ROS-LEHTINEN. Mr. Chairman, under the rules of this House and Congress make wiser decisions and per- will the gentleman yield? passed an amendment with a number of haps prevent future misunderstand- people on the floor, no different than ings. Mr. DIAZ-BALART. I yield to the gentlewoman from Florida. when other people have passed amend- For example, before the Brothers to ments. The fact of life is that the only Ms. ROS-LEHTINEN. Mr. Chairman, the Rescue planes were shot down on reason we are revoting this amendment I thank my colleague for yielding to February 24, 1996, Cuba made over 10 is because it has to do with the one me. complaints to the Federal Aviation Ad- issue this House never wants to yield ministration about the group’s viola- Mr. Chairman, for our colleague in on or debate fully. tions of Cuban airspace. If Congress New York, we do not mean to tie up Second, according to that statement had seen these complaints, this tragedy the time of our colleagues on revote that the gentlewoman made, I think it might have been prevented. after revote after revote. It is the gen- is proper, then, to revote the others, At present the Cuban Government tleman who is going to be asking for because some of them passed by a very makes formal complaints to the State that. We merely want to call a vote on slim margin. If it is proper to revote Department, but complaints are also an amendment which is very con- one that passed with no vote, then it is made to other agencies, such as the troversial, which asks U.S. taxpayers proper to revote the other margins. FAA or the American interest section to fund a Castro investigation. Then, lastly but not unimportant, I in Havana. Some complaints have in- We think there are better uses for think, it is interesting that so much is volved violations of Cuban airspace, the scarce resources of our Nation than made about a report that will come to the dropping of leaflets in Havana that to give credibility to a dictator’s false Congress. I do not know at what point the Cuban Government finds offensive, accusations. The U.S. Department of it is improper to tell the taxpayers traveling too close to Cuban shores, State is not an agency of Fidel Castro. that Congress should be informed be- and even, according to the Cuban Gov- We should not treat it as such. Yet, fore it makes a decision. But it is in- ernment, terrorist acts against Cuban that is what this amendment asks for, teresting to note that at the insistence territory. so we believe that there are better uses of some of the people who would be My amendment would put these com- of taxpayer funds. calling for this vote, the bill currently plaints in one comprehensive report. If We are not calling for 20-some-odd calls for reports on the enforcement of a separate vote is asked on my non- votes. The gentleman is the one, I controversial amendment, whose pur- the ongoing Cuban embargo. would say to our colleague from New In other words, in this bill right now pose is to give Congress information, I York, who is going to be doing that. We there are provisions for reports to be will ask for separate votes totaling are merely calling for one vote, a roll- close to 26 on many of the other made to Congress every few months on call vote, if it is demanded, if we lose how that issue is going. So I felt that amendments already passed. on the voice vote; and that is, I think, Mr. DIAZ-BALART. Mr. Chairman, I it was proper to add another report fair, in the interests of democracy. We move to strike the requisite number of that would balance the issue a little are not afraid of votes. We are not words. bit, and prevent further problems in Mr. Chairman, I find it very interest- afraid of arguing the amendment on its the future. ing, to say the least, that our colleague merits. Mr. EWING. Mr. Chairman, I would like to on the other side of the aisle has just I think if we had had that oppor- explain a sense-of-the-Congress amendment called the amendment that he intro- tunity at the appropriate time, I think which calls on the Government of Peru to re- duced in this legislation late at night, we would not be in this situation now. spect the rights of prisoners to timely legal ac- when there were literally two other We are certainly not worried about the tion. My amendment was adopted by the Members on the floor, noncontrover- outcome of the vote. We think it is a House as part of Chairman GILMAN's en bloc sial. fair process, when there are more Mem- amendment last week. It would be the first time in the his- bers present to redebate the issue and The amendment contains strong language tory of the United States that taxpayer revote on the issue. We are not calling commending Peru for their efforts to control funds would have to be spent, United for 26 amendment votes, the gentleman drugs and stating that anyone convicted for States taxpayer funds would have to be is calling for that. possession of drugs should face stiff penalties. spent, every 90 days to file a report by As our colleagues come on the floor, A constituent of mine, Jennifer Davis, and the United States Government with re- we want them to make sure, after I de- her friend Krista Barnes, have been held in gard to any and all complaints against mand that separate vote on the prison in Peru for more than 8 months without United States citizens made by the dic- Serrano amendment, that they under- being formally charged with a crime, without a tatorship of Cuba, one of the handful of stand that the person responsible for trial, and without being sentenced. They are terrorist states on the list of terrorist them coming time after time to vote is being held under horrible conditions which are states by the State Department. the gentleman from New York [Mr. in violation of basic international standards for It is important that we recognize SERRANO], and not their Florida col- the treatment of prisoners. I have a very seri- what the so-called noncontroversial leagues. ous question about whether the United States H3686 CONGRESSIONAL RECORD — HOUSE June 11, 1997 should continue sending about $100 million in The amendments are as follows: No. Baker Ehrlich Kingston Baldacci Emerson Kleczka foreign aid to Peru every year when that coun- 1, the so-called Gilman amendments en Ballenger Engel Klink try is denying American citizens protection of bloc; No. 2, the so-called Gilman Barcia English Klug their basic human rights and holding them amendment; No. 4, the so-called Skaggs Barr Ensign Knollenberg more than 8 months without a trial. amendment, as amended by the so- Barrett (NE) Eshoo Kolbe Barrett (WI) Etheridge Kucinich Jennifer and Krista, who are only 20 years called Diaz-Balart amendment; No. 3, Bartlett Evans LaFalce old, were arrested in Peru in September 1996 the so-called Smith of New Jersey Barton Everett LaHood after being recruited by some Peruvians to amendment; No. 6, the so-called Bachus Bass Ewing Lampson carry cocaine. They deserve to be punished Bateman Fattah Lantos amendment; No. 5, the so-called Hefley Becerra Fawell Largent for this crime, and they know that. In fact, they amendment; No. 7, the so-called Gil- Bentsen Fazio Latham immediately admitted their guilt and have gone man amendments en bloc; No. 8, the so- Bereuter Filner LaTourette out of their way to cooperate with the police. called Goss amendment; No. 10, the so- Berman Foglietta Lazio As a result, three Peruvians who put them up Berry Foley Leach called Gilman amendments en bloc; No. Bilbray Ford Levin to this have been arrested. 9, the so-called Coburn amendment; No. Bilirakis Fowler Lewis (CA) Their willingness to cooperate has benefited 11, the so-called Smith of New Jersey Bishop Fox Lewis (GA) them in no way. Eight months later they sit in amendment; No. 15, the so-called Fox Blagojevich Frank (MA) Lewis (KY) prison without being charged and without a Bliley Franks (NJ) Linder of Pennsylvania amendment; No. 16, Blumenauer Frelinghuysen Lipinski trial. the so-called Lazio of New York Blunt Frost Livingston The prison where they are being held is not amendment; No. 19, the so-called Smith Boehlert Furse LoBiondo Boehner Gallegly Lofgren fit for humans. It was built for 230 but has of New Jersey amendment; No. 20, the about 700 prisoners, including small children. Bonilla Ganske Lowey so-called Gilman amendment; No. 22, Bonior Gejdenson Lucas The women share a communal bathroom with the so-called Scarborough amendment, Bono Gekas Luther no running water and no soap. The food is un- Borski Gephardt Maloney (CT) as modified; No. 24, the so-called Boswell Gibbons Maloney (NY) sanitary and they do not receive any milk, Nethercutt amendment; No. 26, the so- vegetables, or fruit. Disease is rampant as Boucher Gilchrest Manton called Paxon amendment; No. 23, the Boyd Gillmor Manzullo well as rats, roaches, and sick animals. Health so-called Ney amendment; No. 25, the Brady Gilman Markey Brown (CA) Gonzalez Martinez care is virtually nonexistent and Jennifer has so-called Miller of California amend- lost over 22 pounds. Brown (FL) Goode Mascara ment, as amended by the so-called Brown (OH) Goodlatte Matsui My sense-of-the-Congress language calls Diaz-Balart amendment; No. 35, the so- Bryant Goodling McCarthy (MO) on Peru to respect the rights of prisoners to called Rohrabacher amendment; No. 29, Bunning Gordon McCarthy (NY) timely legal procedures. This is the minimum Burr Goss McCollum the so-called Fox of Pennsylvania the American taxpayers should expect in re- Burton Graham McCrery amendment. Buyer Granger McDade turn for the millions of dollars we give to Peru Mr. Speaker, as I stated before, I de- Callahan Green McDermott every year. Eight months without bringing Calvert Greenwood McGovern charges and without a trial is unreasonable mand separate votes on each one. Camp Gutierrez McHale and unacceptable. The SPEAKER pro tempore. Is a sep- Campbell Gutknecht McHugh arate vote demanded on any other Canady Hall (OH) McInnis Thank you, Mr. Chairman. Capps Hall (TX) McIntosh The CHAIRMAN pro tempore. The amendment? If not, the Chair will re- Cardin Hamilton McIntyre question is on the amendments en bloc designate them en gros. Carson Hansen McKeon offered by the gentleman from New The amendments were agreed to. Castle Harman McKinney Chabot Hastert McNulty York [Mr. GILMAN]. The SPEAKER pro tempore. The Chambliss Hastings (FL) Meehan The amendments en bloc were agreed Clerk will redesignate the first amend- Chenoweth Hastings (WA) Meek to. ment on which a separate vote has Christensen Hayworth Menendez The CHAIRMAN pro tempore. Under Clay Hefley Metcalf been demanded. Clayton Hefner Mica the rule, the Committee rises. The Clerk redesignated the amend- Clement Herger Millender- Accordingly the Committee rose; and ments en bloc. Clyburn Hill McDonald the Speaker pro tempore [Mr. The SPEAKER pro tempore. The Coble Hilleary Miller (CA) GOODLATTE] having assumed the chair, Coburn Hilliard Miller (FL) question is on the amendments en bloc Collins Hinchey Minge Mr. ROGERS, Chairman pro tempore of offered by the gentleman from New Combest Hinojosa Mink the Committee of the Whole House on York [Mr. GILMAN]. Condit Hobson Moakley the State of the Union, reported that Conyers Hoekstra Mollohan The question was taken; and the Cook Holden Moran (KS) that Committee, having had under con- Speaker pro tempore announced that Cooksey Hooley Moran (VA) sideration the bill, (H.R. 1757) to con- the ayes appeared to have it. Costello Horn Morella solidate international affairs agencies, Mr. SERRANO. Mr. Speaker, I object Coyne Hostettler Murtha to authorize appropriations for the De- Cramer Houghton Myrick to the vote on the ground that a Crane Hoyer Nadler partment of State and related agencies quorum is not present and make the Crapo Hulshof Neal for fiscal years 1998 and 1999, and for point of order that a quorum is not Cubin Hunter Nethercutt Cummings Hutchinson Neumann other purposes, pursuant to House Res- present. olution 159, he reported the bill back to Cunningham Hyde Ney The SPEAKER pro tempore. Evi- Danner Inglis Northup the House with sundry amendments dently a quorum is not present. Davis (FL) Istook Norwood adopted by the Committee of the Davis (IL) Jackson (IL) Nussle The Sergeant at Arms will notify ab- Whole. Davis (VA) Jackson-Lee Oberstar The SPEAKER pro tempore. Under sent Members. DeFazio (TX) Obey Pursuant to clause 5(b) 2 of rule XV, DeGette Jefferson Olver the rule, the previous question is or- Delahunt Jenkins Ortiz dered. the Chair announces that he may re- DeLauro John Owens Is a separate vote demanded on any duce to a minimum of 5 minutes the DeLay Johnson (CT) Oxley period of time within which a vote by Dellums Johnson (WI) Packard amendment adopted by the Committee Deutsch Johnson, E. B. Pallone of the Whole? electronic device will be taken on the Diaz-Balart Johnson, Sam Pappas Ms. ROS-LEHTINEN. Mr. Speaker, I question of adoption of the amend- Dickey Jones Parker demand a separate vote on the so- ments on which separate votes have Dicks Kanjorski Pascrell been demanded. Dingell Kaptur Pastor called Serrano amendment. Dixon Kasich Paul The SPEAKER pro tempore. Is a sep- The vote was taken by electronic de- Doggett Kelly Paxon arate vote demanded on any other vice, and there were—yeas 420, nays 6, Dooley Kennedy (MA) Payne amendment? not voting 8, as follows: Doolittle Kennedy (RI) Pease Doyle Kennelly Pelosi Mr. SERRANO. Mr. Speaker, I de- [Roll No. 180] Dreier Kildee Peterson (MN) mand separate votes on the following YEAS—420 Duncan Kilpatrick Peterson (PA) amendments numbered on the Clerk’s Dunn Kim Petri Abercrombie Allen Armey list in the order in which they appear Edwards Kind (WI) Pickering Ackerman Andrews Bachus Ehlers King (NY) Pickett in the bill. Aderholt Archer Baesler June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3687 Pitts Schumer Taylor (MS) SEC. 1208. SURCHARGE FOR PROCEEDING CER- Gekas Lucas Rothman Pombo Scott Taylor (NC) TAIN MACHINE READABLE VISAS. Gephardt Luther Roukema Pomeroy Sensenbrenner Thomas Section 140(a) of the Foreign Relations Au- Gibbons Maloney (CT) Roybal-Allard Porter Serrano Thompson thorization Act, Fiscal Years 1994 and 1995 Gilchrest Maloney (NY) Royce Portman Sessions Thornberry (Public Law 103–236) is amended— Gillmor Manton Rush Poshard Shadegg Thune Gilman Manzullo Ryun (1) in paragraph (2) by striking ‘‘providing Price (NC) Shaw Thurman Gonzalez Markey Sabo Pryce (OH) Shays Tiahrt consular services,’’ and inserting ‘‘the De- Goode Martinez Salmon Quinn Sherman Tierney partment of State’s border security program, Goodlatte Mascara Sanchez Radanovich Shimkus Torres including the costs of installation and oper- Goodling Matsui Sanders Rahall Shuster Towns ation of the machine readable visa and auto- Gordon McCarthy (MO) Ramstad Sisisky Traficant Sanford Goss McCarthy (NY) Rangel Skaggs Turner mated name-check process, improving the Sawyer Graham McCollum Redmond Skeen Upton quality and security of the United States Saxton Granger McCrery Regula Skelton Velazquez passport, passport and visa fraud investiga- Scarborough Reyes Slaughter Vento tions, and the technological infrastructure Green McDade Schaefer, Dan Riggs Smith (MI) Walsh to support the programs referred to in this Greenwood McDermott Schaffer, Bob Riley Smith (NJ) Wamp Gutierrez McGovern Schumer sentence.’’; Gutknecht McHale Rivers Smith (OR) Waters (2) by striking the first sentence of para- Scott Rodriguez Smith, Adam Watkins Hall (OH) McHugh Sensenbrenner graph (3) and inserting ‘‘For fiscal years 1998 Roemer Smith, Linda Watt (NC) Hall (TX) McInnis Serrano Rogan Snowbarger Watts (OK) and 1998, fees deposited under the authority Hamilton McIntosh Sessions Rogers Snyder Waxman of paragraph (2) may not exceed $140,000,000 Hansen McIntyre Shadegg Ros-Lehtinen Solomon Weldon (FL) in each fiscal year and, notwithstanding Harman McKeon Shaw Rothman Souder Weldon (PA) paragraph (2), such fees shall be available Hastert McKinney Shays Roukema Spence Weller only to the extent provided in advance in ap- Hastings (FL) McNulty Sherman Roybal-Allard Spratt Wexler propriations Acts.’’; and Hastings (WA) Meehan Shimkus Rush Stabenow Weygand Hayworth Meek Shuster Ryun Stearns White (3) by striking paragraph (5). Hefley Menendez Sisisky Sabo Stenholm Whitfield The SPEAKER pro tempore. The Hefner Metcalf Salmon Stokes Wicker Skaggs question is on the amendments offered Herger Mica Skeen Sanchez Strickland Wise Hill Millender- Skelton Sanders Stump Wolf by the gentleman from New York [Mr. Hilleary McDonald Slaughter Sandlin Stupak Woolsey GILMAN]. Hilliard Miller (CA) Smith (MI) Sanford Sununu Wynn Hinojosa Miller (FL) Sawyer Talent Yates The question was taken; and the Smith (NJ) Hobson Minge Saxton Tanner Young (AK) Speaker pro tempore announced that Smith (OR) Hoekstra Mink Schaefer, Dan Tauscher Young (FL) Smith (TX) the ayes appeared to have it. Holden Moakley Schaffer, Bob Tauzin Smith, Adam RECORDED VOTE Hooley Mollohan Smith, Linda NAYS—6 Hostettler Moran (KS) Mr. SERRANO. Mr. Speaker, I de- Snowbarger Houghton Moran (VA) Cannon Deal Royce Snyder mand a recorded vote. Hoyer Morella Cox Rohrabacher Scarborough Solomon A recorded vote was ordered. Hulshof Murtha Souder NOT VOTING—8 Hunter Myrick The SPEAKER pro tempore. This Spence Hutchinson Nadler Farr Molinari Stark will be a 5-minute vote. Spratt Flake Schiff Visclosky Hyde Neal Stabenow Forbes Smith (TX) The vote was taken by electronic de- Inglis Nethercutt vice, and there were—ayes 422, noes 0, Istook Neumann Stark b Stearns 1339 not voting 12, as follows: Jackson (IL) Ney Jackson-Lee Northup Stenholm Messrs. DEAL of Georgia, ROYCE [Roll No. 181] Stokes and ROHRABACHER changed their (TX) Norwood AYES—422 Jefferson Nussle Strickland vote from ‘‘yea’’ to ‘‘nay.’’ Jenkins Oberstar Stump Abercrombie Bunning Delahunt Mr. BORSKI and Mr. OWENS John Obey Stupak Ackerman Burr DeLauro Johnson (CT) Olver Sununu changed their vote from ‘‘nay’’ to Aderholt Burton DeLay Johnson (WI) Ortiz Talent ‘‘yea.’’ Allen Buyer Dellums Tanner Andrews Callahan Deutsch Johnson, E. B. Owens So the amendments en bloc were Tauscher Archer Calvert Diaz-Balart Johnson, Sam Oxley agreed to. Tauzin Armey Camp Dickey Jones Packard Taylor (MS) The result of the vote was announced Bachus Campbell Dicks Kanjorski Pallone as above recorded. Baesler Canady Dingell Kaptur Pappas Taylor (NC) The SPEAKER pro tempore (Mr. Baker Cannon Dixon Kasich Parker Thomas Thompson GOODLATTE). The Clerk will designate Baldacci Capps Doggett Kelly Pascrell Ballenger Cardin Dooley Kennedy (MA) Pastor Thornberry the next amendment on which a sepa- Barcia Carson Doolittle Kennedy (RI) Paul Thune rate vote has been demanded. Barr Castle Doyle Kennelly Paxon Thurman The text of the amendments is as fol- Barrett (NE) Chabot Dreier Kildee Payne Tiahrt lows: Barrett (WI) Chambliss Duncan Kilpatrick Pease Tierney Bartlett Chenoweth Dunn Kim Peterson (MN) Torres Amendments offered by Mr. GILMAN: Barton Christensen Edwards Page 84, line 5, strike ‘‘$1,291,977,000’’ and Kind (WI) Peterson (PA) Towns Bass Clay Ehlers King (NY) Traficant insert ‘‘$1,746,977,000’’. Petri Bateman Clayton Ehrlich Turner Page 84, line 6, strike ‘‘$1,291,977,000’’ and Kingston Pickering Becerra Clement Emerson Kleczka Pickett Upton insert ‘‘$1,746,977,000’’. Bentsen Clyburn Engel Klink Pitts Velazquez Strike line 7 on page 110 and all that fol- Bereuter Coble English Klug Pombo Vento Berman Coburn Ensign lows through line 17 on page 112. Knollenberg Pomeroy Walsh Berry Collins Eshoo Page 84, line 4, insert ‘‘(A) AUTHORIZATION Kolbe Portman Wamp Bilbray Combest Etheridge OF APPROPRIATIONS.—’’ before ‘‘For’’. Kucinich Poshard Bilirakis Condit Evans Waters Page 84, after line 7 insert the following: LaFalce Price (NC) Bishop Conyers Everett Watkins (B) PASSPORT INFORMATION SERVICES.—The LaHood Pryce (OH) Blagojevich Cook Ewing Watt (NC) Secretary of State shall provide passport in- Lampson Quinn Watts (OK) formation without charge to citizens of the Bliley Cooksey Fattah Blumenauer Costello Fawell Lantos Radanovich Waxman United States, including— Blunt Cox Fazio Largent Rahall Weldon (FL) (i) information about who is eligible to re- Boehlert Coyne Filner Latham Ramstad Weldon (PA) ceive a United States passport and how and Boehner Cramer Foglietta LaTourette Rangel Weller where to apply; Bonilla Crane Foley Lazio Redmond Wexler (ii) information about the status of pend- Bonior Crapo Ford Leach Regula Weygand ing applications; and Bono Cubin Fowler Levin Reyes White Lewis (CA) (iii) names, addresses, and telephone num- Borski Cummings Fox Riggs Whitfield Lewis (GA) Riley bers of State and Federal officials who are Boswell Cunningham Frank (MA) Wicker Lewis (KY) Rivers authorized to provide passport information Boucher Danner Franks (NJ) Wolf Linder Rodriguez in cooperation with the Department of Boyd Davis (FL) Frelinghuysen Woolsey Brady Davis (IL) Frost Lipinski Roemer Wynn State. Brown (CA) Davis (VA) Furse Livingston Rogan Yates Page 112, strike line 18 and all that follows Brown (FL) Deal Gallegly LoBiondo Rogers Young (AK) through line 7 on page 114 and insert the fol- Brown (OH) DeFazio Ganske Lofgren Rohrabacher lowing: Bryant DeGette Gejdenson Lowey Ros-Lehtinen Young (FL) H3688 CONGRESSIONAL RECORD — HOUSE June 11, 1997 NOT VOTING—12 Christensen Istook Pickering Wise Woolsey Young (AK) Clayton Jackson-Lee Pickett Wolf Wynn Young (FL) Farr Horn Sandlin Clyburn (TX) Pitts Flake Molinari Schiff Coburn Jefferson Pomeroy NOES—72 Forbes Pelosi Visclosky Collins Jenkins Barrett (WI) Hinchey Porter Wise Porter Gejdenson Owens Combest John Portman Becerra Goode Parker Cook Johnson (CT) Poshard Bonilla Goodling Paul b 1349 Cooksey Johnson (WI) Price (NC) Boucher Hinchey Payne Costello Johnson, E. B. Pryce (OH) Brown (CA) Hinojosa Pombo So the amendments were agreed to. Cox Johnson, Sam Quinn Chabot Hoekstra Rivers The result of the vote was announced Coyne Jones Radanovich Clay Jackson (IL) Rodriguez as above recorded. Cramer Kaptur Rahall Clement Kanjorski Rush Crane Kasich Ramstad Coble Kilpatrick Sabo PERSONAL EXPLANATION Crapo Kelly Redmond Condit Kind (WI) Sanders Conyers Kingston Sanford Mr. VISCLOSKY. Mr. Speaker, earlier today, Cubin Kennedy (MA) Regula Cummings Kleczka Sensenbrenner Cunningham Kennedy (RI) Reyes I was unavoidably detained and was not Danner Lewis (GA) Serrano Davis (FL) Kennelly Riggs present for rollcall votes 180 and 181. Had I Davis (VA) Kildee Davis (IL) Luther Shuster Riley DeFazio Martinez Slaughter been present, I would have voted ``yea'' on Deal Kim Roemer both. DeGette King (NY) Dellums McCarthy (MO) Stokes Rogan Dingell McDermott Delahunt Klink Tierney The SPEAKER pro tempore (Mr. Rogers Dooley Meehan Torres DeLauro Klug GOODLATTE). The Clerk will designate Rohrabacher Duncan Millender- Velazquez DeLay Knollenberg Ros-Lehtinen Evans McDonald Vento the next amendment on which a sepa- Deutsch Kolbe Rothman Fattah Miller (CA) Waters Diaz-Balart Kucinich rate vote has been demanded. Roukema Filner Minge Watt (NC) Dickey LaFalce The text of the amendment is as fol- Roybal-Allard Foglietta Mollohan Yates Dicks LaHood Royce Frank (MA) Obey lows: Dixon Lampson Ryun Ganske Olver Amendment offered by Mr. SMITH of New Doggett Lantos Salmon Doolittle Largent Jersey: Sanchez NOT VOTING—8 Doyle Latham Page 96, lines 8 and 9, strike $334,655,000’’ Sandlin Farr Molinari Stark Dreier LaTourette both places it appears and insert Sawyer Flake Rangel Weldon (FL) Dunn Lazio ‘‘$344,655,000’’ and ‘‘$341,655,000’’ respectively. Saxton Forbes Schiff Edwards Leach Page 96, lines 21 and 22, strike $30,000,000’’ Scarborough Ehlers Levin b 1400 both places it appears and insert ‘‘40,000,000’’ Ehrlich Lewis (CA) Schaefer, Dan and ‘‘33,000,000’’ respectively. Emerson Lewis (KY) Schaffer, Bob Mr. GOODLING changed his vote Schumer Page 96, lines 24 and 25, strike ‘‘10,000,000’’ Engel Linder from ‘‘aye’’ to ‘‘no.’’ English Lipinski Scott both places it appears and insert Mr. COYNE and Mr. NADLER ‘‘$30,000,000’’. Ensign Livingston Sessions Shadegg Add at the end of Title XI: Eshoo LoBiondo changed their vote from ‘‘no’’ to ‘‘aye.’’ Etheridge Lofgren Shaw So the amendment was agreed to. SEC. . Shays Everett Lowey The result of the vote was announced (a) It is the sense of Congress that the Ewing Lucas Sherman United States broadcasting through Radio Fawell Maloney (CT) Shimkus as above recorded. Free Asia and Voice of America increase to Fazio Maloney (NY) Sisisky The SPEAKER pro tempore (Mr. continuous, 24-hour broadcasting in Man- Foley Manton Skaggs GOODLATTE). The Clerk will designate darin, Cantonese, Tibetan, and that broad- Ford Manzullo Skeen Fowler Markey Skelton the next amendment on which a sepa- casting in additional Chinese dialects be in- Fox Mascara Smith (MI) rate vote has been demanded. creased. Franks (NJ) Matsui Smith (NJ) The text of the amendment is as fol- (b) Within 90 days of enactment of this Frelinghuysen McCarthy (NY) Smith (OR) lows: Act, the President shall report to the Con- Frost McCollum Smith (TX) gress on a plan to achieve continuous broad- Furse McCrery Smith, Adam Amendment, as amended, offered by Mr. casting in Asia. Gallegly McDade Smith, Linda SKAGGS of Colorado: Gekas McGovern Page 97, line 1, insert ‘‘(A) AUTHORIZATION The SPEAKER pro tempore. The Snowbarger Gephardt McHale Snyder OF APPROPRIATIONS’’ before ‘‘For’’. question is on the amendment offered Gibbons McHugh Solomon Page 97, after line 3, insert the following: Gilchrest McInnis by the gentleman from New Jersey Souder (B) LIMITATION.—Of the amounts author- Gillmor McIntosh [Mr. SMITH]. Spence ized to be appropriated under subparagraph Gilman McIntyre Spratt The question was taken; and the Gonzalez McKeon (A), no funds shall be used for television Stabenow broadcasting to Cuba after October 1, ‘‘1997, Speaker pro tempore announced that Goodlatte McKinney Stearns McNulty if the President certifies that continued the ayes appeared to have it. Gordon Stenholm Goss Meek Strickland funding is not in the national interest of the RECORDED VOTE Graham Menendez Stump United States.’’ Granger Metcalf Mr. SERRANO. Mr. Speaker, I de- Stupak Green Mica The SPEAKER pro tempore. The mand a recorded vote. Sununu Greenwood Miller (FL) question is on the amendment offered Talent A recorded vote was ordered. Gutierrez Mink by the gentleman from Colorado [Mr. The SPEAKER pro tempore. This Gutknecht Moakley Tanner SCAGGS], as amended. will be a 5-minute vote. Hall (OH) Moran (KS) Tauscher Tauzin The question was taken; and the The vote was taken by electronic de- Hall (TX) Moran (VA) Hamilton Morella Taylor (MS) Speaker pro tempore announced that vice, and there were—ayes 354, noes 72, Hansen Murtha Taylor (NC) the ayes appeared to have it. not voting 8, as follows: Harman Myrick Thomas Thompson RECORDED VOTE [Roll No. 182] Hastert Nadler Hastings (FL) Neal Thornberry Mr. SERRANO. Mr. Speaker, I de- AYES—354 Hastings (WA) Nethercutt Thune Thurman mand a recorded vote. Abercrombie Bentsen Brown (FL) Hayworth Neumann Tiahrt A recorded vote was ordered. Ackerman Bereuter Brown (OH) Hefley Ney Towns Aderholt Berman Bryant Hefner Northup The SPEAKER pro tempore. This is a Traficant Allen Berry Bunning Herger Norwood 5-minute vote. Turner Andrews Bilbray Burr Hill Nussle The vote was taken by electronic de- Archer Bilirakis Burton Hilleary Oberstar Upton Armey Bishop Buyer Hilliard Ortiz Visclosky vice, and there were—ayes 279, noes 149, Bachus Blagojevich Callahan Hobson Oxley Walsh not voting 6, as follows: Wamp Baesler Bliley Calvert Holden Packard [Roll No. 183] Baker Blumenauer Camp Hooley Pallone Watkins Baldacci Blunt Campbell Horn Pappas Watts (OK) AYES—279 Ballenger Boehlert Canady Hostettler Pascrell Waxman Ackerman Barr Bishop Barcia Boehner Cannon Houghton Pastor Weldon (PA) Aderholt Barton Blagojevich Barr Bonior Capps Hoyer Paxon Weller Andrews Bass Bliley Barrett (NE) Bono Cardin Hulshof Pease Wexler Bachus Bateman Blunt Bartlett Borski Carson Hunter Pelosi Weygand Baker Bentsen Boehner Barton Boswell Castle Hutchinson Peterson (MN) White Ballenger Bereuter Bonilla Bass Boyd Chambliss Hyde Peterson (PA) Whitfield Barcia Bilirakis Bono Bateman Brady Chenoweth Inglis Petri Wicker June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3689 Boswell Hefley Pascrell DeFazio LaFalce Roemer ‘‘(C) whether such offense involved reck- Boyd Herger Pastor DeGette Lewis (GA) Roybal-Allard less driving or driving while intoxicated; and Brady Hill Paxon Delahunt Lofgren Rush ‘‘(D) the number and nature of all other Pease DeLauro Lowey Sabo Brown (FL) Hilleary criminal offenses committed in the United Brown (OH) Hinojosa Pelosi DeLay Luther Sanchez Bryant Hobson Peterson (MN) Dellums Markey Sanders States by such individual. Bunning Holden Peterson (PA) Dicks Martinez Sandlin ‘‘(2) The Secretary shall submit an annual Burr Horn Pickering Dingell Matsui Sawyer report to the Congress on the incidents oc- Burton Hostettler Pickett Dixon McCarthy (MO) Schumer curring during the preceding year. The re- Buyer Houghton Pitts Doggett McDermott Scott port shall include the information main- Callahan Hoyer Pombo Dooley McGovern Sensenbrenner tained under paragraph (1) together with in- Porter Eshoo McHale Serrano Calvert Hulshof formation under section 1706(a). Camp Hunter Portman Evans McIntyre Shuster Campbell Hutchinson Pryce (OH) Fattah McKinney Skaggs ‘‘(b) EDUCATION AND ENCOURAGEMENT OF Canady Hyde Quinn Filner Meehan Slaughter LOCAL LAW ENFORCEMENT INDIVIDUALS.—The Cannon Inglis Radanovich Foglietta Millender- Smith, Adam Secretary shall take such steps as may be Cardin Istook Rahall Frank (MA) McDonald Stark necessary— Carson Jackson-Lee Ramstad Furse Miller (CA) Stenholm ‘‘(1) to educate local law enforcement offi- Castle (TX) Redmond Ganske Minge Stokes cials on the extent of the immunity from Regula Gejdenson Mink Tanner Chabot Jenkins criminal jurisdiction provided to members of Chambliss John Reyes Gonzalez Moakley Tauscher Chenoweth Johnson (CT) Riggs Goode Mollohan Taylor (MS) a foreign mission, and family members of Clayton Johnson (WI) Riley Hall (OH) Moran (VA) Thompson such members, under the Vienna Convention; Clement Johnson, E. B. Rogan Hall (TX) Nadler Thurman and Clyburn Johnson, Sam Rogers Hamilton Neal Tierney ‘‘(2) to encourage local law enforcement of- Coburn Jones Rohrabacher Harman Neumann Torres ficials to fully investigate, charge, and pros- Collins Kaptur Ros-Lehtinen Hefner Oberstar Towns ecute, to the extent consistent with immu- Rothman Hilliard Obey Turner Combest Kasich nity from criminal jurisdiction under the Vi- Cook Kelly Roukema Hinchey Olver Upton Cooksey Kennedy (RI) Royce Hoekstra Owens Velazquez enna Convention, any member of a foreign Cox Kim Ryun Hooley Parker Vento mission, and any family member of such a Coyne King (NY) Salmon Jackson (IL) Paul Visclosky member, who commits a serious criminal of- Crane Kingston Sanford Jefferson Payne Waters fense within the United States. Crapo Klink Saxton Kanjorski Petri Watt (NC) ‘‘(c) INTERFERENCE WITH LOCAL PROSECU- Scarborough Kennedy (MA) Pomeroy Waxman Cubin Klug TIONS.—No officer or employee of the Depart- Schaefer, Dan Kennelly Poshard Weygand Cunningham Knollenberg ment of State may interfere with any inves- Davis (FL) Kolbe Schaffer, Bob Kildee Price (NC) Whitfield Davis (VA) Kucinich Sessions Kilpatrick Rangel Wise tigation, charge, or prosecution by a State Deutsch LaHood Shadegg Kind (WI) Rivers Woolsey or local government of— Diaz-Balart Lampson Shaw Kleczka Rodriguez Yates ‘‘(1) an alien who is a member of a foreign Shays Dickey Lantos NOT VOTING—6 mission, Doolittle Largent Sherman ‘‘(2) a family member of an alien described Doyle Latham Shimkus Archer Flake Molinari in subparagraph (A), or Sisisky Dreier LaTourette Farr Forbes Schiff ‘‘(3) any other alien, not covered by immu- Duncan Lazio Skeen b Dunn Leach Skelton 1412 nity from the criminal jurisdiction of the Edwards Levin Smith (MI) Messrs. DOGGETT, HOEKSTRA, United States under the Vienna Convention. Smith (NJ) ‘‘(d) NOTIFICATION OF DIPLOMATIC CORPS.— Ehlers Lewis (CA) CRAMER, NEUMANN, and Ehrlich Lewis (KY) Smith (OR) The Secretary shall notify the members of Emerson Linder Smith (TX) WHITFIELD changed their vote from each foreign mission of United States poli- Engel Lipinski Smith, Linda ‘‘aye’’ to ‘‘no.’’ cies relating to criminal offenses (particu- Snowbarger English Livingston Messrs. COYNE, CLYBURN, and larly crimes of violence) committed by such Ensign LoBiondo Snyder FAZIO of California and Ms. EDDIE Etheridge Lucas Solomon members, and the family members of such Everett Maloney (CT) Souder BERNICE JOHNSON of Texas changed members, including the policy of obtaining Ewing Maloney (NY) Spence their vote from ‘‘no’’ to ‘‘aye.’’ criminal indictments, requiring such mem- Fawell Manton Spratt So the amendment, as amended, was bers to leave the country, and declaring such Fazio Manzullo Stabenow members persona non grata. Stearns agreed to. Foley Mascara ‘‘(e) VIENNA CONVENTION.—For the purposes Strickland The result of the vote was announced Ford McCarthy (NY) of this section, the term ‘Vienna Convention Fowler McCollum Stump as above recorded. Fox McCrery Stupak The SPEAKER pro tempore. The means the Vienna Convention on Diplomatic Franks (NJ) McDade Sununu Clerk will designate the next amend- Relations of April 18, 1961 (TIAS numbered Talent 7502; 23 UST 3227), entered into force with re- Frelinghuysen McHugh ment on which a separate vote has Frost McInnis Tauzin spect to the United States on December 13, Gallegly McIntosh Taylor (NC) been demanded. 1972.’’. Gekas McKeon Thomas The text of the amendment is as fol- Gephardt McNulty Thornberry lows: The SPEAKER pro tempore. The Gibbons Meek Thune question is on the amendment offered Amendment offered by Mr. HEFLEY: Gilchrest Menendez Tiahrt by the gentleman from Colorado [Mr. Gillmor Metcalf Traficant At the end of chapter 1 of title XII (relat- Gilman Mica Walsh ing to Department of State authorities and HEFLEY]. Goodlatte Miller (FL) Wamp activities) insert the following new section The question was taken; and the Goodling Moran (KS) Watkins and amend the table of contents accord- Speaker pro tempore announced that Gordon Morella Watts (OK) ingly): the ayes appeared to have it. Goss Murtha Weldon (FL) SEC. 1221. NOTIFICATION OF CRIMES COMMIT- Graham Myrick Weldon (PA) TED BY DIPLOMATS. RECORDED VOTE Granger Nethercutt Weller Title II of the State Department Basic Au- Mr. SERRANO. Mr. Speaker, I de- Wexler Green Ney thorities Act of 1956 (22 U.S.C. 4301 et seq.; Greenwood Northup White mand a recorded vote. Gutierrez Norwood Wicker commonly referred to as the ‘‘Foreign Mis- A recorded vote was ordered. Gutknecht Nussle Wolf sions Act’’) is amended by inserting after The SPEAKER pro tempore. This is a section 204A the following: Hansen Ortiz Wynn 5-minute vote. Hastert Oxley Young (AK) ‘‘SEC. 204B. CRIMES COMMITTED BY DIPLOMATS. Hastings (FL) Packard Young (FL) ‘‘(a) RECORDS.—(1) The Secretary of State The vote was taken by electronic de- Hastings (WA) Pallone shall develop and maintain records on each vice, and there were—ayes 386, noes 42, Hayworth Pappas incident in which an individual with immu- answered ‘‘present’’ 1, not voting 5, as nity from the criminal jurisdiction of the follows: NOES—149 United States under the Vienna Convention [Roll No. 184] Abercrombie Berry Clay who the Secretary reasonably believes has Allen Bilbray Coble committed a serious criminal offense within AYES—386 Armey Blumenauer Condit the United States which was not subject to Abercrombie Bachus Barrett (NE) Baesler Boehlert Conyers Ackerman Baesler Bartlett Baldacci Bonior Costello the criminal jurisdiction of the United States. Each such record shall include— Aderholt Baker Barton Barrett (NE) Borski Cramer Allen Baldacci Bass Barrett (WI) Boucher Cummings ‘‘(A) the identity of such individual; ‘‘(B) the nature of the offense committed Andrews Ballenger Bateman Bartlett Brown (CA) Danner Archer Barcia Bentsen Becerra Capps Davis (IL) by such individual, including whether Armey Barr Bereuter Berman Christensen Deal against property or persons; H3690 CONGRESSIONAL RECORD — HOUSE June 11, 1997 Berry Furse Maloney (CT) Scott Spence Traficant The SPEAKER pro tempore. The Bilbray Gallegly Maloney (NY) Sensenbrenner Spratt Turner Bilirakis Ganske Manton Sessions Stabenow Upton question is on the amendment offered Bishop Gejdenson Manzullo Shadegg Stark Vento by the gentleman from Alabama [Mr. Blagojevich Gekas Markey Shaw Stearns Walsh BACHUS]. Bliley Gephardt Mascara Shays Stenholm Wamp The question was taken; and the Blumenauer Gibbons Matsui Sherman Strickland Watkins Blunt Gilchrest McCarthy (MO) Shimkus Stump Watts (OK) Speaker pro tempore announced that Boehlert Gillmor McCarthy (NY) Shuster Stupak Weldon (FL) the ayes appeared to have it. Sisisky Sununu Weldon (PA) Boehner Gilman McCollum RECORDED VOTE Bonilla Gonzalez McCrery Skaggs Talent Weller Bono Goode McDade Skeen Tanner Wexler Mr. SERRANO. Mr. Speaker, I de- Boswell Goodlatte McGovern Skelton Tauscher Weygand mand a recorded vote. Boucher Goodling McHale Slaughter Tauzin White A recorded vote was ordered. Smith (MI) Taylor (MS) Whitfield Boyd Gordon McHugh The SPEAKER pro tempore. This Brady Goss McInnis Smith (NJ) Taylor (NC) Wicker Brown (FL) Graham McIntosh Smith (OR) Thomas Wise will be a 5-minute vote. Brown (OH) Granger McIntyre Smith (TX) Thompson Wolf The vote was taken by electronic de- Bryant Green McKeon Smith, Adam Thornberry Wynn vice, and there were—ayes 283, noes 146, Bunning Greenwood McNulty Smith, Linda Thune Yates Burr Gutierrez Meehan Snowbarger Thurman Young (AK) not voting 5, as follows: Burton Gutknecht Menendez Solomon Tiahrt Young (FL) [Roll No. 185] Souder Torres Buyer Hall (OH) Metcalf AYES—283 Callahan Hall (TX) Mica NOES—42 Calvert Hansen Miller (CA) Abercrombie English Linder Camp Harman Miller (FL) Barrett (WI) Jackson-Lee Roybal-Allard Aderholt Ensign Lipinski Campbell Hastert Minge Becerra (TX) Rush Andrews Eshoo Livingston Canady Hastings (WA) Moakley Berman Lewis (GA) Sanders Archer Etheridge LoBiondo Cannon Hayworth Mollohan Bonior Martinez Serrano Bachus Evans Lucas Capps Hefley Moran (KS) Borski McDermott Snyder Baesler Everett Luther Cardin Hefner Moran (VA) Brown (CA) McKinney Stokes Baker Ewing Maloney (CT) Carson Herger Morella Clay Meek Tierney Baldacci Fawell Maloney (NY) Castle Hill Myrick Clayton Millender- Towns Ballenger Foley Manzullo Dellums McDonald Velazquez Chabot Hilleary Nadler Barcia Fowler Mascara Dingell Mink Visclosky Chambliss Hilliard Neal Barr Fox McCarthy (MO) Dixon Murtha Waters Chenoweth Hinchey Nethercutt Barrett (NE) Frank (MA) McCarthy (NY) Fattah Obey Watt (NC) Christensen Hinojosa Neumann Barrett (WI) Franks (NJ) McCollum Foglietta Owens Waxman Clement Hobson Ney Bartlett Frelinghuysen McCrery Hamilton Payne Woolsey Clyburn Hoekstra Northup Barton Gallegly McDade Hastings (FL) Rahall Coble Holden Norwood Bass Ganske McHale Coburn Hooley Nussle ANSWERED ‘‘PRESENT’’—1 Bateman Gekas McHugh Berry Gibbons McInnis Collins Horn Oberstar Filner Bilbray Gilchrest McIntosh Combest Hostettler Olver Bilirakis Gillmor McIntyre Condit Houghton Ortiz NOT VOTING—5 Bishop Goode McKeon Conyers Hoyer Oxley Farr Forbes Schiff Bliley Goodlatte Metcalf Cook Hulshof Packard Flake Molinari Blunt Goodling Mica Cooksey Hunter Pallone Boehner Gordon Miller (FL) Costello Hutchinson Pappas b 1422 Bonilla Goss Minge Cox Hyde Parker Bono Graham Moran (KS) Coyne Inglis Pascrell Mrs. CLAYTON changed her vote Boswell Granger Myrick Cramer Istook Pastor from ‘‘aye’’ to ‘‘no.’’ Brady Green Neal Crane Jackson (IL) Paul Mr. SAWYER and Mr. NADLER Bryant Greenwood Nethercutt Crapo Jefferson Paxon changed their vote from ‘‘no’’ to ‘‘aye.’’ Bunning Gutknecht Neumann Cubin Jenkins Pease Burr Hall (TX) Ney Cummings John Pelosi So the amendment was agreed to. Burton Hansen Northup Cunningham Johnson (CT) Peterson (MN) The result of the vote was announced Buyer Harman Norwood Danner Johnson (WI) Peterson (PA) as above recorded. Callahan Hastert Nussle Davis (FL) Johnson, E.B. Petri PARLIAMENTARY INQUIRY Calvert Hastings (WA) Obey Davis (IL) Johnson, Sam Pickering Camp Hayworth Ortiz Davis (VA) Jones Pickett Mr. HYDE. Mr. Speaker, I have a par- Campbell Hefley Oxley Deal Kanjorski Pitts liamentary inquiry. Canady Hefner Packard DeFazio Kaptur Pombo The SPEAKER pro tempore (Mr. Cannon Herger Pappas DeGette Kasich Pomeroy GOODLATTE). The gentleman will state Carson Hill Parker Delahunt Kelly Porter Chabot Hilleary Pascrell DeLauro Kennedy (MA) Portman it. Chambliss Hobson Pastor DeLay Kennedy (RI) Poshard Mr. HYDE. Mr. Speaker, I just won- Chenoweth Hoekstra Paul Deutsch Kennelly Price (NC) der if we could not take all of these Christensen Holden Paxon Diaz-Balart Kildee Pryce (OH) Coble Hooley Pease Dickey Kilpatrick Quinn votes on these amendments by sample, Coburn Hostettler Peterson (MN) Dicks Kim Radanovich rather than actually taking them. Collins Hulshof Peterson (PA) Doggett Kind (WI) Ramstad The SPEAKER pro tempore. The Combest Hunter Petri Dooley King (NY) Rangel Clerk will designate the next amend- Condit Hutchinson Pickering Doolittle Kingston Redmond Cook Hyde Pickett Doyle Kleczka Regula ment on which a separate vote has Cooksey Inglis Pitts Dreier Klink Reyes been demanded. Costello Istook Pombo Duncan Klug Riggs The text of the amendment is as fol- Cox Jenkins Portman Dunn Knollenberg Riley lows: Cramer John Poshard Edwards Kolbe Rivers Crane Johnson (WI) Price (NC) Ehlers Kucinich Rodriguez Amendment offered by Mr. BACHUS: Crapo Jones Pryce (OH) Ehrlich LaFalce Roemer At the end of chapter 1 of title XII (relat- Cubin Kanjorski Quinn Emerson LaHood Rogan ing to Department of State authorities and Cummings Kaptur Radanovich Engel Lampson Rogers activities) insert the following new section: Cunningham Kasich Ramstad English Lantos Rohrabacher SEC. 1221. REPORT ON OVERSEAS SURPLUS Danner Kelly Redmond Ensign Largent Ros-Lehtinen PROPERTIES. Davis (VA) Kennedy (RI) Riggs Eshoo Latham Rothman (a) REPORT TO CONGRESS.—Not later than Deal Kildee Riley Etheridge LaTourette Roukema March 1 of each year, the Secretary of State DeLay Kim Rivers Evans Lazio Royce Diaz-Balart Kind (WI) Roemer Everett Leach Ryun shall submit to the Congress a report listing Dickey Kingston Rogan Ewing Levin Sabo overseas United States surplus properties for Doggett Kleczka Rohrabacher Fawell Lewis (CA) Salmon sale. Doolittle Klink Ros-Lehtinen Fazio Lewis (KY) Sanchez SE OF UNDS ECEIVED ROM ALE OF (b) U F R F S Doyle Klug Rothman Foley Linder Sandlin OVERSEAS SURPLUS PROPERTIES.—Notwith- Dreier Knollenberg Royce Ford Lipinski Sanford standing any other provision of law, Duncan Lampson Ryun Fowler Livingston Sawyer amounts received by the United States from Dunn Largent Salmon Fox LoBiondo Saxton Edwards Latham Sanchez Frank (MA) Lofgren Scarborough the sale of any overseas United States sur- Ehlers LaTourette Sandlin Franks (NJ) Lowey Schaefer, Dan plus property shall be deposited in the Treas- Ehrlich Lewis (CA) Sanford Frelinghuysen Lucas Schaffer, Bob ury of the United States to be used to reduce Emerson Lewis (KY) Saxton Frost Luther Schumer the deficit. June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3691 Scarborough Souder Traficant Peru and Ethiopia, and the so-called SEC. 1702. UNITED STATES POLICY WITH RE- Schaefer, Dan Spence Turner Smith amendment regarding impedi- SPECT TO THE INVOLUNTARY RE- Schaffer, Bob Stabenow Upton TURN OF PERSONS IN DANGER OF Schumer Stearns Vento ments to the delivery of aid. SUBJECTION TO TORTURE. Scott Stenholm Walsh The SPEAKER pro tempore (Mr. (a) POLICY.—It shall be the policy of the Sensenbrenner Strickland Wamp GOODLATTE). Is there objection to the United States that the United States shall Sessions Stump Watkins not expel, extradite, or otherwise effect the Shadegg Sununu Watts (OK) request of the gentleman from New Shaw Talent Weldon (FL) York? involuntary return of any person to a coun- Shays Tanner Weldon (PA) Mr. SERRANO. Mr. Speaker, I object. try in which there are substantial grounds Shimkus Tauscher Weller for believing that the person would be in Shuster Tauzin Weygand The SPEAKER pro tempore. Objec- danger of being subjected to torture, regard- Sisisky Taylor (MS) White tion is heard. less of whether the person is physically Skeen Taylor (NC) Whitfield The Clerk will designate the next present in the United States. Skelton Thomas Wicker amendment on which a separate vote (b) DEFINITIONS.—Except as otherwise pro- Smith (OR) Thornberry Wolf vided, terms used in this section have the Smith (TX) Thune Young (AK) has been demanded. Smith, Linda Thurman Young (FL) The text of the amendments is as fol- meanings assigned under the United Nations Snowbarger Tiahrt lows: Convention Against Torture and Other Solomon Tierney Cruel, Inhuman or Degrading Treatment or Amendments offered by Mr. GILMAN: Punishment, subject to any reservations, un- NOES—146 Page 120, strike line 11 and all that follows derstandings, declarations and provisos con- Ackerman Gutierrez Morella through line 18, and insert the following: tained in the United States resolution of ad- Allen Hall (OH) Murtha (a) PERSONS AUTHORIZED TO ISSUE REPORTS vice and consent to ratification of such Con- Armey Hamilton Nadler OF BIRTHS ABROAD.—Section 33 of the State vention. Becerra Hastings (FL) Oberstar Department Basic Authorities Act of 1956 (22 Bentsen Hilliard Olver (c) PROCEDURES.—Procedures shall be es- Bereuter Hinchey Owens U.S.C. 2705) is amended in paragraph (2) by tablished to ensure compliance with sub- Berman Hinojosa Pallone adding at the end the following: ‘‘For pur- section (a) in the cases of aliens who are ar- Blagojevich Horn Payne poses of this paragraph, a consular officer riving in the United States or who are phys- Blumenauer Houghton Pelosi shall include any United States citizen em- ically present in the United States and who Boehlert Hoyer Pomeroy ployee of the Department of State des- are subject to removal. Bonior Jackson (IL) Porter ignated by the Secretary of State to adju- (d) REVIEW AND CONSTRUCTION.—Notwith- Borski Jackson-Lee Rahall dicate nationality abroad pursuant to such standing any other provision of law, no court Boucher (TX) Rangel Boyd Jefferson Regula regulations as he may prescribe.’’. shall have jurisdiction to review the proce- Brown (CA) Johnson (CT) Reyes Page 121, after line 17, insert the following: dures adopted to implement this section, and Brown (FL) Johnson, E. B. Rodriguez (e) DEFINITION OF CONSULAR OFFICER.—Sec- nothing in this section shall be construed as Brown (OH) Johnson, Sam Rogers tion 101(a)(9) of the Immigration and Nation- providing any court jurisdiction to review Capps Kennedy (MA) Roukema ality Act (8 U.S.C. 1101(a)(9)) is amended by— claims raised under the Convention or this Cardin Kennelly Roybal-Allard (1) inserting ‘‘or employee’’ after ‘‘officer’’; section, or any other determination made Castle Kilpatrick Rush and with respect to the application of the policy Clay King (NY) Sabo Clayton Kolbe Sanders (2) inserting before the period at the end of set forth in subsection (a), except as part of Clement Kucinich Sawyer the sentence ‘‘or, when used in title III, for the review of a final order of removal pursu- Clyburn LaFalce Serrano the purpose of adjudicating nationality’’. ant to section 242 of the Immigration and Conyers LaHood Sherman (f) TRAINING FOR EMPLOYEES PERFORMING Nationality Act, as amended. Coyne Lantos Skaggs CONSULAR FUNCTIONS.—Section 704 of the Davis (FL) Lazio Slaughter Foreign Service Act of 1980 (22 U.S.C. 4024) is Strike section 1712 and insert the follow- Davis (IL) Leach Smith (MI) amended by adding at the end the following ing: DeFazio Levin Smith (NJ) DeGette Lewis (GA) Smith, Adam new subsection: SEC. 1712. SENSE OF CONGRESS RELATING TO Delahunt Lofgren Snyder ‘‘(d) Prior to designation by the Secretary RECOGNITION OF THE ECUMENICAL DeLauro Lowey Spratt of State pursuant to regulation to perform a PATRIARCHATE BY THE GOVERN- Dellums Manton Stark consular function abroad, a United States MENT OF TURKEY. Deutsch Markey Stokes citizen employee (other than a diplomatic or It is the sense of Congress that the United Dicks Martinez Stupak consular officer of the United States) shall States should use its influence with the Dingell Matsui Thompson be required to complete successfully a pro- Turkish Government and as a permanent Dixon McDermott Torres gram of training essentially equivalent to member of the United Nations Security Dooley McGovern Towns Council to suggest that the Turkish Govern- Engel McKinney Velazquez the training that a consular officer who is a member of the Foreign Service would receive ment— Fattah McNulty Visclosky (1) recognize the Ecumenical Patriarchate Fazio Meehan Waters for purposes of performing such function and and its nonpolitical, religious mission; Filner Meek Watt (NC) shall be certified by an appropriate official Foglietta Menendez Waxman (2) ensure the continued maintenance of of the Department of State to be qualified by the institution’s physical security needs, as Ford Millender- Wexler knowledge and experience to perform such Frost McDonald Wise provided for under Turkish and international Furse Miller (CA) Woolsey function. As used in this subsection, the law, including but not limited to, the Treaty Gejdenson Mink Wynn term ‘consular function’ includes the issu- of Lausanne, the 1968 Protocol, the Helsinki Gephardt Moakley Yates ance of visas, the performance of notarial Final Act (1975), and the Charter of Paris; Gilman Mollohan and other legalization functions, the adju- (3) provide for the proper protection and Gonzalez Moran (VA) dication of passport applications, the adju- safety of the Ecumenical Patriarch and Pa- NOT VOTING—5 dication of nationality, and the issuance of triarchate personnel; and citizenship documentation.’’. Farr Forbes Schiff (4) reopen the Ecumenical Patriarchate’s Flake Molinari SECTION 1304—ESTABLISHMENT OF ASSISTANT Halki Patriarchal School of Theology. Page 183, line 1, strike ‘‘cases and the’’ and b SECRETARY OF STATE FOR DIPLOMATIC SECU- 1434 RITY insert ‘‘cases through the provision of Mrs. KENNELLY of Connecticut On page 127 line 20 insert after security records and the unilateral and joint’’. changed her vote from ‘‘aye’’ to ‘‘no.’’ ‘‘and management’’. The SPEAKER pro tempore. The Messrs. NEAL of Massachusetts, SECTION 1321—AUTHORIZED STRENGTH OF THE question is on the amendments offered FRELINGHUYSEN, SCOTT, and FOREIGN SERVICE by the gentleman from New York [Mr. PAXON changed their vote from ‘‘no’’ On page 130 line 5 delete 1070 and insert in GILMAN]. to ‘‘aye.’’ its place 1,210. The question was taken; and the So the amendment was agreed to. On page 130 line 6 delete 140 and insert in Speaker pro tempore announced that The result of the vote was announced its place 150. the ayes appeared to have it. as above recorded. On page 130 line 17 delete 1065 and insert in RECORDED VOTE Mr. GILMAN. Mr. Speaker, I ask its place 1,182. Mr. SERRANO. Mr. Speaker, I de- unanimous consent that the following On page 130 line 18 delete 135 and insert in its place 147. mand a recorded vote. amendments be considered en bloc: The A recorded vote was ordered. so-called Gilman en bloc amendment Strike section 1702 of division B, page 163, The SPEAKER pro tempore. This is a regarding consular service duties, the line 3 to page 164, line 3, and insert the fol- 5-minute vote. so-called Coburn amendment regarding lowing new section (and renumber the subse- The vote was taken by electronic de- world heritage programs, the so-called quent sections accordingly and conform the vice, and there were—ayes 428, noes 0, Gilman amendment en bloc regarding table of contents accordingly). not voting 6, as follows: H3692 CONGRESSIONAL RECORD — HOUSE June 11, 1997 [Roll No. 186] Olver Royce Stump Bartlett Goss Paul Ortiz Rush Stupak Barton Graham Paxon AYES—428 Owens Ryun Sununu Bass Granger Pease Oxley Sabo Talent Bateman Greenwood Peterson (PA) Abercrombie Diaz-Balart Johnson (CT) Packard Salmon Tanner Bereuter Gutknecht Petri Ackerman Dickey Johnson (WI) Pallone Sanchez Tauscher Bilbray Hall (TX) Pickering Aderholt Dicks Johnson, E.B. Pappas Sanders Tauzin Bilirakis Hansen Pitts Allen Dingell Johnson, Sam Parker Sandlin Taylor (MS) Bliley Hastert Pombo Andrews Dixon Jones Pascrell Sanford Taylor (NC) Blunt Hastings (WA) Porter Archer Doggett Kanjorski Pastor Sawyer Thomas Boehlert Hayworth Portman Armey Dooley Kaptur Paul Saxton Thompson Boehner Hefley Pryce (OH) Bachus Doolittle Kasich Paxon Scarborough Thornberry Bonilla Herger Quinn Baesler Doyle Kelly Payne Schaefer, Dan Thune Bono Hill Radanovich Baker Dreier Kennedy (MA) Pease Schaffer, Bob Thurman Brady Hilleary Ramstad Baldacci Duncan Kennedy (RI) Pelosi Schumer Tiahrt Bryant Hobson Redmond Ballenger Dunn Kennelly Peterson (MN) Scott Tierney Bunning Hoekstra Regula Barcia Edwards Kildee Peterson (PA) Sensenbrenner Torres Burr Horn Riley Barr Ehlers Kilpatrick Petri Serrano Towns Burton Hostettler Rogan Barrett (NE) Ehrlich Kim Pickering Sessions Traficant Buyer Houghton Rogers Barrett (WI) Emerson Kind (WI) Pickett Shadegg Turner Callahan Hulshof Rohrabacher Bartlett Engel King (NY) Pitts Shaw Upton Calvert Hutchinson Ros-Lehtinen Barton English Kingston Pombo Shays Velazquez Camp Hyde Roukema Bass Ensign Kleczka Pomeroy Sherman Vento Campbell Inglis Royce Bateman Eshoo Klink Porter Shimkus Visclosky Canady Istook Ryun Becerra Etheridge Klug Portman Shuster Walsh Cannon Jenkins Salmon Bentsen Evans Knollenberg Poshard Sisisky Wamp Castle Johnson (CT) Sanford Bereuter Everett Kolbe Price (NC) Skaggs Waters Chabot Johnson, Sam Saxton Berman Ewing Kucinich Pryce (OH) Skeen Watkins Chambliss Jones Scarborough Berry Fattah LaFalce Quinn Skelton Watt (NC) Chenoweth Kasich Schaefer, Dan Bilbray Fawell LaHood Radanovich Slaughter Watts (OK) Christensen Kelly Schaffer, Bob Bilirakis Fazio Lampson Rahall Smith (MI) Waxman Coble Kim Sensenbrenner Bishop Filner Lantos Ramstad Smith (NJ) Weldon (FL) Coburn King (NY) Sessions Blagojevich Foglietta Largent Rangel Smith (OR) Weldon (PA) Collins Kingston Shadegg Bliley Foley Latham Redmond Smith (TX) Weller Combest Klug Shaw Blumenauer Ford LaTourette Regula Smith, Adam Wexler Cook Knollenberg Shays Blunt Fowler Lazio Reyes Smith, Linda Weygand Cooksey Kolbe Shimkus Boehlert Fox Leach Riggs Snowbarger White Cox LaHood Shuster Boehner Frank (MA) Levin Riley Snyder Whitfield Crane Largent Skeen Bonilla Franks (NJ) Lewis (CA) Rivers Solomon Wicker Crapo Latham Smith (MI) Bonior Frelinghuysen Lewis (GA) Rodriguez Souder Wise Cubin LaTourette Smith (OR) Bono Frost Lewis (KY) Roemer Spence Wolf Cunningham Lazio Smith (TX) Borski Furse Linder Rogan Spratt Woolsey Davis (VA) Leach Smith, Linda Boswell Gallegly Lipinski Rogers Stabenow Wynn Deal Lewis (CA) Snowbarger Boucher Ganske Livingston Rohrabacher Stark Yates DeLay Lewis (KY) Solomon Boyd Gejdenson LoBiondo Ros-Lehtinen Stearns Young (AK) Diaz-Balart Linder Souder Brady Gekas Lofgren Rothman Stenholm Young (FL) Dickey Livingston Spence Brown (CA) Gephardt Lowey Roukema Stokes Dicks LoBiondo Stearns Brown (FL) Gibbons Lucas Roybal-Allard Strickland Doolittle Lucas Stump Brown (OH) Gilchrest Luther Dreier Manzullo Sununu Bryant Gillmor Maloney (CT) NOT VOTING—6 Duncan McCollum Talent Bunning Gilman Maloney (NY) Cox Flake Molinari Dunn McCrery Tauzin Burr Gonzalez Manton Farr Forbes Schiff Ehlers McDade Taylor (NC) Burton Goode Manzullo Ehrlich McHugh Thomas Buyer Goodlatte Markey b 1444 Emerson McInnis Thornberry Callahan Goodling Martinez English McIntosh Thune Calvert Gordon Mascara Mr. RANGEL changed his vote from Ensign McKeon Tiahrt Camp Goss Matsui ‘‘no’’ to ‘‘aye.’’ Everett Metcalf Traficant Campbell Graham McCarthy (MO) So the amendments were agreed to. Ewing Mica Upton Canady Granger McCarthy (NY) Fawell Miller (FL) Walsh Cannon Green McCollum The result of the vote was announced Foley Moran (KS) Wamp Capps Greenwood McCrery as above recorded. Fowler Moran (VA) Watkins Cardin Gutierrez McDade The SPEAKER pro tempore. The Fox Morella Watts (OK) Carson Gutknecht McDermott Franks (NJ) Myrick Weldon (FL) Castle Hall (OH) McGovern Clerk will designate the next amend- Frelinghuysen Nethercutt Weldon (PA) Chabot Hall (TX) McHale ment on which a separate vote has Gallegly Neumann Weller Chambliss Hamilton McHugh been demanded. Ganske Ney White Chenoweth Hansen McInnis The Clerk read as follows: Gekas Northup Whitfield Christensen Harman McIntosh Gibbons Norwood Wicker Clay Hastert McIntyre Amendment offered by Mr. GOSS: Gilchrest Nussle Wolf Clayton Hastings (FL) McKeon Page 139, strike line 19 and all that follows Gillmor Oxley Young (AK) Clement Hastings (WA) McKinney through line 10 on page 141 (and conform the Gilman Packard Young (FL) Clyburn Hayworth McNulty table of contents accordingly). Goodlatte Pappas Coble Hefley Meehan Goodling Parker Coburn Hefner Meek The SPEAKER pro tempore. The Collins Herger Menendez question is on the amendment offered NOES—201 Combest Hill Metcalf Abercrombie Carson Doyle Condit by the gentleman from Florida [Mr. Hilleary Mica Ackerman Clay Edwards Conyers Hilliard Millender- GOSS]. Allen Clayton Engel Cook Hinchey McDonald The question was taken; and the Andrews Clement Eshoo Cooksey Hinojosa Miller (CA) Baesler Clyburn Etheridge Costello Speaker pro tempore announced that Hobson Miller (FL) Baldacci Condit Evans Coyne the ayes appeared to have it. Hoekstra Minge Barrett (WI) Conyers Fattah Cramer Holden Mink RECORDED VOTE Becerra Costello Fazio Crane Hooley Moakley Bentsen Coyne Filner Crapo Mr. SERRANO. Mr. Speaker, I de- Horn Mollohan Berman Cramer Foglietta Cubin Hostettler Moran (KS) mand a recorded vote. Berry Cummings Ford Cummings Houghton Moran (VA) A recorded vote was ordered. Bishop Danner Frank (MA) Cunningham Hoyer Morella Blagojevich Davis (FL) Frost Danner The SPEAKER pro tempore. This is a Hulshof Murtha Blumenauer Davis (IL) Furse Davis (FL) 5-minute vote. Hunter Myrick Bonior DeFazio Gejdenson Davis (IL) Hutchinson Nadler The vote was taken by electronic de- Borski DeGette Gephardt Davis (VA) Hyde Neal vice, and there were—ayes 226, noes 201, Boswell Delahunt Gonzalez Deal Inglis Nethercutt Boucher DeLauro Goode DeFazio not voting 7, as follows: Istook Neumann Boyd Dellums Gordon DeGette Jackson (IL) Ney [Roll No. 187] Brown (CA) Deutsch Green Delahunt Jackson-Lee Northup Brown (FL) Dingell Gutierrez DeLauro AYES—226 (TX) Norwood Brown (OH) Dixon Hall (OH) DeLay Aderholt Bachus Barcia Jefferson Nussle Capps Doggett Hamilton Dellums Archer Baker Barr Jenkins Oberstar Cardin Dooley Harman Deutsch John Obey Armey Ballenger Barrett (NE) June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3693 Hastings (FL) McDermott Sanchez A recorded vote was ordered. Doyle Klug Porter Hefner McGovern Sanders Edwards Kolbe Poshard Hilliard McHale Sandlin The vote was taken by electronic de- Ehlers Kucinich Price (NC) Hinchey McIntyre Sawyer vice, and there were—ayes 222, noes 202, Engel LaFalce Rahall Hinojosa McKinney Schumer not voting 10, as follows: English Lantos Ramstad Holden McNulty Scott Eshoo Lazio Reyes Hooley Meehan Serrano [Roll No. 188] Etheridge Leach Rivers Hoyer Meek Sherman AYES—222 Evans Levin Rodriguez Jackson (IL) Menendez Sisisky Fattah Lewis (GA) Roemer Aderholt Gilman Paul Jackson-Lee Millender- Skaggs Fawell Lipinski Rothman Archer Goode Paxon (TX) McDonald Skelton Fazio Lofgren Roukema Armey Goodlatte Pease Jefferson Miller (CA) Slaughter Filner Lowey Roybal-Allard Baesler Goodling Peterson (MN) John Minge Smith (NJ) Foglietta Luther Rush Baker Goss Peterson (PA) Johnson (WI) Mink Smith, Adam Ford Maloney (CT) Sabo Ballenger Graham Petri Johnson, E. B. Moakley Snyder Frank (MA) Maloney (NY) Sanchez Barcia Granger Pickering Kanjorski Mollohan Spratt Franks (NJ) Manton Sanders Barr Green Pitts Kaptur Murtha Stabenow Frelinghuysen Markey Sandlin Barrett (NE) Greenwood Pombo Kennedy (MA) Nadler Stark Frost Mascara Sawyer Bartlett Gutknecht Portman Kennedy (RI) Neal Stenholm Furse Matsui Saxton Barton Hall (TX) Pryce (OH) Kennelly Oberstar Stokes Gejdenson McCarthy (MO) Schumer Bass Hansen Quinn Kildee Obey Strickland Gephardt McCarthy (NY) Serrano Bateman Hastert Radanovich Kilpatrick Olver Stupak Gilchrest McDermott Sherman Berry Hastings (WA) Redmond Kind (WI) Ortiz Tanner Gonzalez McGovern Sisisky Bilbray Hayworth Regula Kleczka Owens Tauscher Gordon McHale Skaggs Bilirakis Hefley Riggs Klink Pallone Taylor (MS) Gutierrez McKinney Skelton Blagojevich Herger Riley Kucinich Pascrell Thompson Hall (OH) McNulty Slaughter Bliley Hill Rogan LaFalce Pastor Thurman Hamilton Meehan Smith, Adam Blunt Hilleary Rogers Lampson Payne Tierney Harman Meek Snyder Boehlert Hobson Rohrabacher Lantos Pelosi Torres Hastings (FL) Menendez Spratt Boehner Hoekstra Ros-Lehtinen Levin Peterson (MN) Towns Hefner Millender- Stabenow Bonilla Hostettler Royce Lewis (GA) Pickett Turner Hilliard McDonald Stark Bono Houghton Ryun Lipinski Pomeroy Velazquez Hinchey Miller (CA) Stokes Brady Hulshof Salmon Lofgren Poshard Vento Hinojosa Minge Strickland Bryant Hunter Sanford Lowey Price (NC) Visclosky Holden Mink Stupak Bunning Hutchinson Scarborough Luther Rahall Waters Hooley Moakley Tanner Burr Hyde Schaefer, Dan Maloney (CT) Rangel Watt (NC) Horn Mollohan Tauscher Burton Inglis Schaffer, Bob Maloney (NY) Reyes Waxman Hoyer Moran (VA) Thompson Buyer Istook Scott Manton Rivers Wexler Jackson (IL) Morella Thurman Callahan Jenkins Sensenbrenner Markey Rodriguez Weygand Jackson-Lee Murtha Tierney Calvert Johnson (CT) Sessions Martinez Roemer Wise (TX) Nadler Torres Camp Johnson, Sam Shadegg Mascara Rothman Woolsey Jefferson Neal Towns Campbell Jones Shaw Matsui Roybal-Allard Wynn John Oberstar Velazquez Canady Kasich Shays McCarthy (MO) Rush Yates Johnson (WI) Obey Vento Cannon Kelly Shimkus McCarthy (NY) Sabo Johnson, E. B. Olver Visclosky Chabot Kim Shuster Kanjorski Ortiz Waters Chambliss King (NY) Skeen NOT VOTING—7 Kaptur Owens Watt (NC) Chenoweth Kingston Smith (MI) Farr Hunter Schiff Kennedy (MA) Pallone Waxman Christensen Kleczka Smith (NJ) Flake Molinari Kennedy (RI) Pascrell Wexler Coble Knollenberg Smith (OR) Forbes Riggs Kennelly Pastor Weygand Coburn LaHood Smith (TX) Kildee Payne Wise Collins Lampson Smith, Linda b 1453 Kilpatrick Pelosi Woolsey Combest Latham Snowbarger Kind (WI) Pickett Wynn Mr. TAYLOR of Mississippi changed Condit LaTourette Solomon Klink Pomeroy Yates his vote from ‘‘aye’’ to ‘‘no.’’ Cook Lewis (CA) Souder Mr. BOEHLERT and Mr. MORAN of Cooksey Lewis (KY) Spence NOT VOTING—10 Cox Linder Stearns Virginia changed their vote from ‘‘no’’ Crane Livingston Stenholm Ackerman Forbes Rangel to ‘‘aye.’’ Crapo LoBiondo Stump Bachus Largent Schiff So the amendment was agreed to. Cubin Lucas Sununu Farr Martinez The result of the vote was announced Cunningham Manzullo Talent Flake Molinari as above recorded. Danner McCollum Tauzin Deal McCrery Taylor (MS) b PERSONAL EXPLANATION Delahunt McDade Taylor (NC) 1504 Mr. RIGGS. Mr. Speaker, on rollcall No. 187 DeLay McHugh Thomas Mr. SAXTON, Ms. EDDIE BERNICE I was inadvertently detained. Had I been Diaz-Balart McInnis Thornberry Dickey McIntosh Thune JOHSON of Texas, Mrs. ROUKEMA and present, I would have voted ``yes''. Doolittle McIntyre Tiahrt Ms. BROWN of Florida changed their The SPEAKER pro tempore (Mr. Dreier McKeon Traficant vote from ‘‘aye’’ to ‘‘no.’’ GOODLATTE). The Clerk will designate Duncan Metcalf Turner the next amendment on which a sepa- Dunn Mica Upton Mr. CONDIT and Mr. PETERSON of rate vote has been demanded. Ehrlich Miller (FL) Walsh Minnesota changed their vote from Emerson Moran (KS) Wamp ‘‘no’’ to ‘‘aye.’’ The text of the amendment is as fol- Ensign Myrick Watkins lows: Everett Nethercutt Watts (OK) So the amendment was agreed to. Amendment offered by Mr. COBURN: Ewing Neumann Weldon (FL) The result of the vote was announced At the end of title XV insert the following Foley Ney Weldon (PA) as above recorded. new section: Fowler Northup Weller Fox Norwood White The SPEAKER pro tempore (Mr. SEC. 1525. PROHIBITION ON FUNDING FOR Gallegly Nussle Whitfield OODLATTE UNESCO WORLD HERITAGE AND G ). The Clerk will designate Ganske Oxley Wicker the next amendment on which a sepa- MAN AND BIOSPHERE PROGRAMS. Gekas Packard Wolf None of the funds authorized to be appro- Gibbons Pappas Young (AK) rate vote has been demanded. priated by this Act may be made available to Gillmor Parker Young (FL) The text of the amendments is as fol- the Man and Biosphere (MAB) Program or lows: the World Heritage Program administered by NOES—202 the United Nations Educational, Scientific, Abercrombie Boyd Cramer Amendments offered by Mr. GILMAN: and Cultural Organization (UNESCO). Allen Brown (CA) Cummings At the end of title XVII (relating to foreign The SPEAKER pro tempore. The Andrews Brown (FL) Davis (FL) policy provision) add the following (and con- Baldacci Brown (OH) Davis (IL) form the table of contents accordingly): question is on the amendment offered Barrett (WI) Capps Davis (VA) by the gentleman from Oklahoma [Mr. Becerra Cardin DeFazio SEC. 1717. SENSE OF THE CONGRESS REGARDING Bentsen Carson DeGette UNITED STATES CITIZENS HELD IN COBURN]. PRISONS IN PERU. The question was taken; and the Bereuter Castle DeLauro Berman Clay Dellums (a) FINDINGS.—The Congress finds the fol- Speaker pro tempore announced that Bishop Clayton Deutsch lowing: the ayes appeared to have it. Blumenauer Clement Dicks Bonior Clyburn Dingell (1) The Government of Peru has made sub- RECORDED VOTE Borski Conyers Dixon stantial progress in the effort to restrict the Mr. SERRANO. Mr. Speaker, I de- Boswell Costello Doggett flow of illicit drugs from Peru to the United mand a recorded vote. Boucher Coyne Dooley States. H3694 CONGRESSIONAL RECORD — HOUSE June 11, 1997 (2) The Government of Peru has cooperated nuclear waste to the Democratic People’s tion should support and work closely with greatly with the United States Government Republic of Korea (North Korea) and paying Indian Prime Minister Gujral in strengthen- to stop individuals and organizations seeking North Korea an amount in excess of ing relations between the United States and to transport illicit drugs from Peru to the $220,000,000 to accept the nuclear waste. India and improving relations in the South United States and to jail such drug export- (2) The transfer of nuclear waste across Asia region. ers. international boundaries creates worldwide AMENDMENT TO H.R. 1757, AS REPORTED (3) Any individual engaging in such export- environmental safety concerns. OFFERED BY MR. PALLONE OF NEW JERSEY ing of illicit drugs and convicted in a court (3) North Korea rejected the request of the At the end of title XVII (relating to foreign of law should face stiff penalties. International Atomic Energy Agency (IAEA) policy provisions) insert the following new (4) Any such individual should also have a to inspect 2 nuclear facilities at Yongbyon in section: right to timely legal procedures. March 1993, in violation of Article III of the (5) Two United States citizens, Jennifer SEC. 1717. SENSE OF CONGRESS REGARDING THE Treaty on the Non-Proliferation of Nuclear SOVEREIGNTY OF BELARUS. Davis and Krista Barnes, were arrested in Weapons, to which North Korea is a signa- It is the sense of the Congress that the Peru on September 25, 1996, for attempting tory. President should strongly urge the Govern- to transport illicit drugs from Peru to the (4) North Korea has historically been un- ment of President Aleksandr Lukashenka of United States. willing to allow any third party investiga- the Republic of Belarus to defend the sov- (6) Ms. Davis and Ms. Barnes have admit- tors to inspect its nuclear waste storage fa- ereignty of Belarus, maintain its independ- ted their guilt upon arrest and to an inves- cilities. ence from the Russian Federation, abide by tigative judge. (5) The failure of North Korea to store nu- the provisions of the Helsinki Accords and (7) Ms. Davis and Ms. Barnes have volun- clear waste safely raises environmental con- the constitution of the Republic of Belarus teered to cooperate fully with Peruvian judi- cerns on the Korean peninsula. and guarantee freedom of the press, allow for cial authorities in naming individuals re- (6) The United States has in excess of 37,000 the flowering of the Belarusan language and sponsible for drug trafficking and several military personnel, plus their families, on culture, and enforce the separation of pow- have been arrested. the Korean peninsula. ers. (8) More than seven months after their ar- (7) The current North Korean regime has rest, Ms. Davis and Ms. Barnes have not yet been linked to numerous terrorist activities, AMENDMENT TO H.R. 1757, AS REPORTED OF- been formally charged with a crime. including the bombing in 1987 of a Korean FERED BY MR. ROHRABACHER OF CALIFORNIA (9) Peruvian domestic law mandates that Airline aircraft, and the bombing in 1983 in At the end of title XVII (relating to foreign formal charges be brought within four to six Rangoon, Burma, which killed 4 South Ko- policy provisions) insert the following new months after arrest. rean Government and 13 diplomatic officials. section: (b) SENSE OF THE CONGRESS.—It is the sense (8) North Korea continues to be listed by SEC. 1717. CONGRESSIONAL STATEMENT RE- of the Congress that the Government of Peru the United States Department of State as a GARDING THE ACCESSION OF TAI- should respect the rights of prisoners to state supporting international terrorism. WAN TO THE WORLD TRADE ORGA- timely legal procedures, including the rights (9) The several hundred million dollars of NIZATION. of all United States citizens held in prisons hard currency generated by this transaction (a) FINDINGS.—The Congress makes the fol- in Peru. could be used by the militarist regime in lowing findings: North Korea to continue their reign of terror (1) The people of the United States and the people of the Republic of China on Taiwan AMENDMENT TO H.R. 1757, AS REPORTED over their own people and the sovereign na- tions of the Pacific Rim. have long enjoyed extensive ties. OFFERED BY MR. KENNEDY OF (b) SENSE OF CONGRESS.—It is the sense of (2) Taiwan is currently the 8th largest MASSACHUSETTS the Congress that the Government of Taiwan trading partner of the United States, and ex- At the end of title XVII, insert the follow- should refrain from issuing an export license ports from the United States to Taiwan total ing: for the transfer of nuclear waste to North more than $18,000,000 annually, substantially SEC. 1717. SPECIAL ENVOYS FOR MUTUAL DISAR- Korea until all parties on the Korean penin- more than the United States exports to the MAMENT. sula can be assured that— People’s Republic of China. The President shall instruct the United (1) North Korea can safely handle this nu- (3) The executive branch has committed States Ambassador to the United Nations to clear waste; publicly to support Taiwan’s bid to join the support in the Security Council, the General (2) North Korea will submit to independent World Trade Organization and has declared Assembly, and other United Nations bodies, third party inspection of their nuclear stor- that the United States will not oppose this resolutions and other efforts to— age facilities; and bid solely on the grounds that the People’s (1) appoint special envoys for conflict pre- (3) North Korea indicates a willingness to Republic of China, which also seeks member- vention to organize and conduct, in coopera- comply with the commitments it made in ship in the World Trade Organization, is not tion with appropriate multilateral institu- the ‘‘Agreed Framework’’, entered into in yet eligible because of its unacceptable trade tions, mutual disarmament talks in every re- 1994 between North Korea, South Korea, practices. gion of the world in which all nations would Japan, and the United States, relating to nu- (4) The United States and Taiwan have participate, and to report to international fi- clear materials and facilities in North Korea, concluded discussions on a variety of out- nancial institutions on the degree of co- and meet International Atomic Energy standing trade issues that remain unresolved operation of governments with these talks; Agency safeguards with respect to North Ko- with the People’s Republic of China and that (2) commit each member state to agree to rea’s nuclear program. are necessary for the United States to sup- meet with its regional special envoy within 3 AMENDMENT TO H.R. 1757, AS REPORTED port Taiwan’s membership in the World months of appointment to deliver and dis- OFFERED BY MR. PALLONE OF NEW JERSEY Trade Organization. cuss its proposal for regional (and, where ap- At the end of title XVII (relating to foreign (5) The reversion of control over Hong propriate, international) confidence-building policy provisions) insert the following new Kong—a member of the World Trade Organi- measures, including mutual reductions in section: zation—to the People’s Republic of China, scheduled by treaty to occur on July 1, 1997, the size, proximity, and technological so- SEC. 1717. CONGRESSIONAL STATEMENT RE- phistication of its and other nations’ armed GARDING PRIME MINISTER GUJRAL will, in many respects, afford to the People’s forces, that would lead to significant cuts in OF INDIA. Republic of China the practical benefit of threat levels and military spending; and (a) FINDINGS.—The Congress makes the fol- membership in the World Trade Organization (3) commit each member state to agree to lowing findings: for the substantial portion of its trade in continue meeting with the special envoy and (1) Prime Minister Gujral of India has re- goods—despite the fact that the trade prac- such regional bodies and states as the special cently received a vote of confidence from the tices of the People’s Republic of China cur- envoy shall suggest to complete negotiations Indian parliament. rently fall far short of what the United on such confidence-building measures, with (2) Prime Minister Gujral is committed to States expects for membership in the World the goal of making significant cuts in mili- strengthening ties between the United Trade Organization. tary spending by the year 2000. States and India through the continuation of (6) The executive branch has announced its interest in the admission of the People’s Re- AMENDMENT TO H.R. 1757, AS REPORTED free market reforms and initiatives. (3) The Gujral government is on the verge public of China to the World Trade Organiza- OFFERED BY MR. KIM OF CALIFORNIA of passing a budget package that will carry tion; the fundamental sense of fairness of the At the end of title XVII (relating to foreign forward economic reforms initiated in 1991 people of the United States warrants the policy provisions) insert the following new that have opened India to foreign investment United States Government’s support for Tai- section: and trade. wan’s relatively more meritorious applica- SEC. 1717. SENSE OF CONGRESS RELATING TO (4) Prime Minister Gujral has made it a tion for membership in the World Trade Or- THE TRANSFER OF NUCLER WASTE priority to improve relations with Pakistan ganization. FROM TAIWAN TO NORTH KOREA. and has recently met with the Prime Min- (7) It is in the economic interest of United (a) FINDINGS.—The Congress makes the fol- ister of Pakistan, Nawaz Sharif, to better re- States consumers and exporters for Taiwan lowing findings: lations between the two countries. to complete the requirements for accession (1) The Republic of China on Taiwan (Tai- (b) SENSE OF CONGRESS.—It is the sense of to the World Trade Organization at the earli- wan) is considering transferring low-level the Congress that the Clinton Administra- est possible moment. June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3695 (b) CONGRESSIONAL STATEMENT.—The Con- Title . AVAILABILITY OF AMOUNTS FOR The SPEAKER pro tempore. The gress favors public support by officials of the CUBAN LIBERTY AND DEMOCRATIC question is on the amendments offered Department of State for the accession of Tai- SOLIDARITY ACT OF 1996 AND THE by the gentleman from New York [Mr. wan to the World Trade Organization. CUBAN DEMOCRACY ACT OF 1992 GILMAN]. AMENDMENT TO H.R. 1757, AS REPORTED Not less than $2,000,000 shall be made The question was taken; and the OFFERED BY MR. VENTO OF MINNESOTA available under Chapter 4 of part II of Speaker pro tempore announced that At the end of title XVII insert the follow- the Foreign Assistance Act of 1961 (22 the ayes appeared to have it. ing new section: U.S.C. 2346; relating to economic sup- port fund), for fiscal years 1998 to 1999 RECORDED VOTE SEC. 1717. REPORTS AND POLICY CONCERNING Mr. SERRANO. Mr. Speaker, I de- HUMAN RIGHTS VIOLATIONS IN to carry out the programs and activi- LAOS. ties under the Cuban Liberty and mand a recorded vote. Within 180 days after the date of the enact- Democratic Solidarity (LIBERTAD) A recorded vote was ordered. ment of this Act, the Secretary of State Act of 1996 (22 U.S.C. 6021 et. seq.) and The SPEAKER pro tempore. This shall report to the appropriate congressional will be a 5-minute vote. committees on the allegations of persecution the Cuban Democracy Act of 1992 (22 U.S.C. 2001 et. seq.) The vote was taken by electronic de- and abuse of the Hmong and Laotian refu- vice, and there were—ayes 292, noes 135, AMENDMENT TO H.R. 1757 OFFERED BY MR. gees who have returned to Laos. The report answered ‘‘present’’ 1, not voting 6, as shall include: GEJDENSON OF CONNECTICUT follows: (1) A full investigation, including full doc- Add the following new title to the end of umentation of individual cases of persecu- the bill (and adjust the table of contents ac- [Roll No. 189] tion, of the Lao Government’s treatment of cordingly) AYES—292 Hmong and Laotian refugees who have re- Title Abercrombie Evans Levin turned to Laos. It is the sense of Congress and the Presi- Ackerman Ewing Lewis (GA) Allen Fattah Linder (2) The steps the State Department will dent of the United States should attempt to take to continue to monitor any systematic Andrews Fawell Lipinski achieve the foreign policy goal of an inter- Bachus Fazio Livingston human rights violations by the Government national arms sales code of conduct with all of Laos. Baesler Filner LoBiondo Wassenaar Arrangement countries. The pur- Baldacci Foglietta Lofgren (3) The actions which the State Depart- pose of this goal shall be to achieve an agree- Barcia Foley Lowey ment will take to ensure the cessation of ment on restricting or prohibiting arms Barrett (WI) Ford Luther human rights violations. transfers to countries that: Bass Fowler Maloney (CT) Becerra Fox Maloney (NY) AMENDMENT TO H.R. 1757 OFFERED BY MR. (1) Do not respect democratic processes Bentsen Frank (MA) Manton MENENDEZ and the rule of law; Bereuter Franks (NJ) Manzullo At the end of the bill add the following (2) Do not adhere to internationally-recog- Berman Frelinghuysen Markey (and conform the table of contents accord- nized norms on human rights; or Berry Frost Mascara ingly): (3) Are engaged in acts of armed aggres- Bilirakis Furse Matsui sion. Bishop Ganske McCarthy (MO) TITLE . WITHHOLDING OF ASSISTANCE Blagojevich Gejdenson McCarthy (NY) AMENDMENT TO H.R. 1757 Offered by Mr. TO COUNTRIES THAT PROVIDE NU- Blumenauer Gephardt McCollum Traficant of Ohio CLEAR FUEL TO CUBA Boehlert Gibbons McDermott At the end of the bill add the following Bonior Gilchrest McGovern (a) IN GENERAL.—Section 620 of the Foreign (and conform the table of contents accord- Borski Gillmor McHale Assistance Act of 1961 (22 U.S.C. 2370), as ingly): Boswell Gilman McHugh amended by this Act, is further amended by Boucher Gonzalez McInnis adding at the end the following: DIVISION C—BUY-AMERICAN Boyd Goodlatte McIntyre ‘‘(y)(1) Except as provided in paragraph (2), REQUIREMENTS Brown (OH) Goodling McKinney SEC. 2001. BUY-AMERICAN REQUIREMENTS. Bryant Gordon McNulty the President shall withhold from amounts Bunning Goss Meehan made available under this Act or any other (A) COMPLIANCE WITH BUY AMERICAN ACT.— Callahan Green Menendez Act and allocated for a country for a fiscal None of the funds made available in this Act Calvert Greenwood Metcalf year an amount equal to the aggregate value may be expended by an entity unless the en- Campbell Gutierrez Millender- of nuclear fuel and related assistance and tity agrees that is expending the funds the Capps Hall (OH) McDonald credits provided by that country, or any en- entity will consistent with International Cardin Hall (TX) Miller (CA) tity of that country, to Cuba during the pre- Trade Agreements implemented in U.S. Law, Carson Hamilton Miller (FL) comply with the Buy American Act (41 Chabot Harman Minge ceding fiscal year. Chenoweth Hefner Mink ‘‘(2) The requirement to withhold assist- U.S.C. 10a–10c). Christensen Hinchey Moakley ance for a country for a fiscal year under (b) SENSE OF CONGRESS; REQUIREMENT RE- Clayton Hinojosa Mollohan paragraph (1) shall not apply if Cuba— GARDING NOTICE.— Clement Holden Moran (VA) ‘‘(A) has ratified the Treaty on the Non- (1) PURCHASE OF AMERICAN-MADE REQUIRE- Clyburn Hooley Morella Proliferation of Nuclear Weapons (21 UST MENT AND PRODUCTS.—In the case of any Combest Horn Murtha 483) or the Treaty of Tlatelelco, and Cuba is equipment or product that may be author- Condit Houghton Nadler ized to be purchased with financial assist- Conyers Hoyer Neal in compliance with the requirements of ei- Costello Inglis Nethercutt ther such Treaty; ance provided using funds made available in Cox Jackson (IL) Neumann ‘‘(B) has negotiated and is in compliance this Act, it is the sense of the Congress that Coyne Jackson-Lee Ney with full-scope safeguards of the Inter- entities receiving the assistance should, in Cramer (TX) Northup national Atomic Energy Agency not later expending the assistance, purchase only Crapo John Oberstar than two years after ratification by Cuba of American-made equipment and products. Cubin Johnson (CT) Obey such Treaty; and (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— Cummings Johnson (WI) Olver In providing financial assistance using funds Cunningham Johnson, E. B. Ortiz ‘‘(C) incorporates and is in compliance Danner Kanjorski Owens with internationally accepted nuclear safety made available in this Act, the head of each Davis (FL) Kaptur Oxley standards. Federal agency shall provide to each recipi- Davis (IL) Kasich Packard ‘‘(3) The Secretary of State shall prepare ent of the assistance a notice describing the Davis (VA) Kennedy (MA) Pallone and submit to the Congress each year a re- statement made in paragraph (1) by the Con- DeGette Kennedy (RI) Pascrell port containing a description of the amount gress. Delahunt Kennelly Pastor (c) PROBATION OF CONTRACTS WITH PERSONS DeLauro Kildee Pease of nuclear fuel and related assistance and Dellums Kilpatrick Pelosi FALSELY LABELING PRODUCTS AS MADE IN credits provided by any country, or any en- Deutsch Kim Peterson (MN) tity of a country, to Cuba during the preced- AMERICA.—If it has been finally determined Diaz-Balart Kind (WI) Petri ing year, including the terms of each trans- by a court or Federal agency that any person Dicks King (NY) Pickering fer of such fuel, assistance, or credits.’’. intentionally affixed a label hearing a ‘‘Made Dingell Kleczka Pickett in America’’ inscription, or any inscription Dixon Klink Pomeroy (b) EFFECTIVE DATE.—Section 620(y) of the with the same meaning, to any product sold Doggett Kolbe Porter Foreign Assistance Act of 1961, as added by Dooley Kucinich Portman subsection (a), shall apply with respect to as- in or shipped to the United States that is not made in the United States, the person shall Doyle LaFalce Poshard sistance provided in fiscal years beginning Dreier LaHood Price (NC) on or after the date of the enactment of this be ineligible to receive any contract or sub- Duncan Lampson Quinn Act. contract made with funds made available in Edwards Lantos Rahall this Act, pursuant to the debarment, suspen- Engel Latham Ramstad AMENDMENT OFFERED BY MR. MENENDEZ sion, and ineligibility procedures described Ensign LaTourette Rangel At the end of bill add the following (and in sections 9.400 through 9.409 of title 48, Eshoo Lazio Regula conform the table of contents accordingly): Code of Federal Regulations. Etheridge Leach Reyes H3696 CONGRESSIONAL RECORD — HOUSE June 11, 1997 Riggs Rivers Skeen Thurman The SPEAKER pro tempore (Mr. Gilchrest Maloney (CT) Roukema Rodriguez Skelton Tierney Gillmor Maloney (NY) Roybal-Allard GOODLATTE). The gentleman will state Roemer Slaughter Torres Gilman Manton Royce Ros-Lehtinen Smith (NJ) Towns his parliamentary inquiry. Gonzalez Manzullo Rush Rothman Smith (TX) Traficant Mr. MANZULLO. Mr. Speaker, I Goode Markey Ryun Roukema Smith, Adam Turner would ask that the Chair direct the Goodlatte Martinez Sabo Roybal-Allard Smith, Linda Upton Sergeant at Arms to lock the doors in Goodling Mascara Salmon Rush Snyder Velazquez Gordon Matsui Sanchez Sabo Spratt Vento order to keep the Members in the Goss McCarthy (MO) Sanders Salmon Stabenow Visclosky Chamber so we can finish voting here Graham McCarthy (NY) Sandlin Sanchez Stark Walsh Granger McCollum Sanders Stearns Watt (NC) in 5 minutes. Sanford Green McCrery Sawyer Sandlin Stenholm Waxman Mr. SERRANO. I object. Greenwood McDade Sawyer Stokes Weldon (FL) The SPEAKER pro tempore. The Saxton Gutierrez McDermott Scarborough Schaefer, Dan Strickland Wexler Chair cannot order that at this point. Gutknecht McGovern Schaffer, Bob Stupak Weygand Schaefer, Dan Hall (OH) McHale Schumer Sununu White The Clerk will designate the next Schaffer, Bob Hall (TX) McHugh Scott Tanner Wise Schumer amendment on which a separate vote Hamilton McInnis Serrano Tauscher Wolf Scott has been demanded. Hansen McIntosh Sessions Tauzin Woolsey Sensenbrenner Harman McIntyre Shaw Taylor (MS) Wynn The text of the amendment is as fol- Serrano Hastert McKeon Shays Taylor (NC) Yates lows: Sessions Hastings (FL) McKinney Sherman Thomas Young (FL) Amendment offered by Mr. SMITH of New Shadegg Sisisky Thune Hastings (WA) McNulty Jersey: Hayworth Meehan Shaw NOES—135 In Title 17, add the following new section Hefley Meek Shays (and conform the table of contents accord- Hefner Menendez Sherman Aderholt Gekas Pappas Shimkus Archer Goode Parker ingly): Herger Metcalf Shuster Armey Graham Paul Hill Mica The SPEAKER pro tempore. The Sisisky Baker Granger Paxon Hilleary Millender- Ballenger Gutknecht Payne question is on the amendment offered Hilliard McDonald Skaggs Barr Hansen Peterson (PA) by the gentleman from New Jersey Hinchey Miller (CA) Skeen Hinojosa Miller (FL) Skelton Barrett (NE) Hastert Pitts [Mr. SMITH]. Bartlett Hastings (FL) Pombo Hobson Minge Slaughter Barton Hastings (WA) Pryce (OH) The question was taken; and the Hoekstra Mink Smith (MI) Bateman Hayworth Radanovich Speaker pro tempore announced that Holden Moakley Smith (NJ) Bilbray Hefley Redmond the ayes appeared to have it. Hooley Mollohan Smith (OR) Bliley Herger Riley Horn Moran (KS) Smith (TX) Blunt Hill Rogan RECORDED VOTE Hostettler Moran (VA) Smith, Adam Boehner Hilleary Rogers Mr. SERRANO. Mr. Speaker, I de- Houghton Morella Smith, Linda Bonilla Hilliard Rohrabacher mand a recorded vote. Hoyer Murtha Snowbarger Bono Hobson Royce A recorded vote was ordered. Hulshof Myrick Snyder Brady Hoekstra Ryun Hunter Nadler Solomon Brown (CA) Hostettler Sanford The SPEAKER pro tempore. This is a Hutchinson Neal Souder Brown (FL) Hulshof Saxton 5-minute vote. Hyde Nethercutt Spence Burr Hunter Scarborough Inglis Neumann Spratt Burton Hutchinson Sensenbrenner The vote was taken by electronic de- Istook Ney Stabenow Buyer Hyde Shadegg vice, and there were—ayes 425, noes 0, Jackson (IL) Northup Stark Camp Istook Shimkus answered ‘‘present’’ 1, not voting 8, as Jackson-Lee Norwood Canady Jefferson Shuster Stearns follows: (TX) Nussle Stenholm Cannon Jenkins Skaggs Jefferson Oberstar Castle Johnson, Sam Smith (MI) [Roll No. 190] Stokes Jenkins Obey Strickland Chambliss Jones Smith (OR) AYES—425 John Olver Clay Kelly Snowbarger Stump Johnson (CT) Ortiz Coble Kingston Solomon Abercrombie Burton Dellums Stupak Johnson (WI) Owens Coburn Klug Souder Ackerman Buyer Deutsch Sununu Johnson, E.B. Oxley Collins Knollenberg Spence Aderholt Callahan Diaz-Balart Talent Johnson, Sam Packard Cook Largent Stump Allen Calvert Dickey Tanner Jones Pallone Cooksey Lewis (CA) Talent Andrews Camp Dicks Tauscher Kanjorski Pappas Crane Lewis (KY) Thompson Archer Campbell Dingell Tauzin Kaptur Parker Deal Lucas Thornberry Bachus Canady Dixon Taylor (MS) Baesler Cannon Doggett Kasich Pascrell DeLay McCrery Tiahrt Taylor (NC) Baker Capps Dooley Kelly Pastor Dickey McDade Wamp Thompson Baldacci Cardin Doolittle Kennedy (MA) Paul Doolittle McIntosh Waters Thornberry Ballenger Carson Doyle Kennedy (RI) Paxon Dunn McKeon Watkins Thune Barcia Castle Dreier Kennelly Payne Ehlers Meek Watts (OK) Thurman Barr Chabot Duncan Kildee Pease Ehrlich Mica Weldon (PA) Tiahrt Barrett (NE) Chambliss Dunn Kilpatrick Pelosi Emerson Moran (KS) Weller Tierney English Myrick Whitfield Barrett (WI) Chenoweth Edwards Kim Peterson (MN) Torres Everett Norwood Wicker Bartlett Christensen Ehlers Kind (WI) Peterson (PA) Towns Gallegly Nussle Young (AK) Barton Clay Ehrlich King (NY) Petri Bass Clayton Emerson Kingston Pickering Traficant ANSWERED ‘‘PRESENT’’—1 Bateman Clement Engel Kleczka Pickett Turner DeFazio Becerra Clyburn English Klink Pitts Upton ´ Bentsen Coble Ensign Klug Pombo Velazquez NOT VOTING—6 Bereuter Coburn Eshoo Knollenberg Pomeroy Vento Farr Forbes Molinari Berry Collins Etheridge Kolbe Porter Visclosky Flake Martinez Schiff Bilbray Combest Evans Kucinich Portman Walsh Bilirakis Condit Everett LaFalce Poshard Wamp b Bishop Conyers Ewing 1514 LaHood Price (NC) Waters Blagojevich Cook Fattah Lampson Pryce (OH) Watkins Mr. WELDON of Pennsylvania and Bliley Cooksey Fawell Lantos Quinn Watt (NC) Mr. HILLEARY changed their vote Blumenauer Costello Fazio Largent Radanovich Watts (OK) Blunt Cox Filner from ‘‘aye’’ to ‘‘no.’’ Latham Rahall Waxman Mr. WISE, Mr. DAVIS of Virginia, Boehlert Coyne Foglietta Weldon (FL) Boehner Cramer Foley LaTourette Ramstad Weldon (PA) Mrs. ROUKEMA, and Messrs. McCOL- Bonilla Crane Ford Lazio Rangel Weller LUM, KIM, PICKERING, and BART- Bonior Crapo Fowler Leach Redmond Wexler LETT of Maryland changed their vote Bono Cubin Fox Levin Regula Lewis (CA) Reyes Weygand from ‘‘no’’ to ‘‘aye.’’ Borski Cummings Frank (MA) Boswell Cunningham Franks (NJ) Lewis (GA) Riggs White So the amendments were agreed to. Boucher Danner Frelinghuysen Lewis (KY) Riley Whitfield The result of the vote was announced Boyd Davis (FL) Frost Linder Rivers Wicker as above recorded. Brady Davis (IL) Furse Lipinski Rodriguez Wise Brown (CA) Davis (VA) Gallegly Livingston Roemer Wolf b 1515 Brown (FL) Deal Ganske LoBiondo Rogan Woolsey Brown (OH) DeGette Gejdenson Lofgren Rogers Wynn PARLIAMENTARY INQUIRY Bryant Delahunt Gekas Lowey Rohrabacher Yates Mr. MANZULLO. Mr. Speaker, I have Bunning DeLauro Gephardt Lucas Ros-Lehtinen Young (AK) a parliamentary inquiry. Burr DeLay Gibbons Luther Rothman Young (FL) June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3697 ANSWERED ‘‘PRESENT’’—1 [Roll No. 191] Kim Norwood Shays Kind (WI) Nussle Sherman DeFazio AYES—141 King (NY) Ortiz Shimkus NOT VOTING—8 Abercrombie Gejdenson Neal Kingston Oxley Shuster Ackerman Gonzalez Oberstar Klug Packard Sisisky Armey Flake Schiff Allen Hall (OH) Obey Knollenberg Pallone Skeen Berman Forbes Thomas Baesler Hall (TX) Olver Kolbe Pappas Skelton Farr Molinari Baldacci Hamilton Owens LaHood Parker Smith (MI) Barrett (WI) Harman Pastor Lampson Pascrell Smith (NJ) Largent Paul Smith (OR) b 1523 Becerra Hastings (FL) Payne Berry Hefner Pelosi Latham Paxon Smith (TX) Ms. HARMAN, Mrs. CLAYTON and Bishop Hilliard Poshard LaTourette Pease Smith, Adam Blumenauer Hinchey Price (NC) Lazio Peterson (MN) Smith, Linda Mr. CLAY changed their vote from Bonior Hooley Rangel Leach Peterson (PA) Snowbarger ‘‘no’’ to ‘‘aye.’’ Boswell Hoyer Rivers Levin Petri Solomon So the amendment was agreed to. Boucher Jackson (IL) Rodriguez Lewis (CA) Pickering Souder Brown (CA) Jackson-Lee Roemer Lewis (KY) Pickett Spence The result of the vote was announced Brown (OH) (TX) Roybal-Allard Linder Pitts Spratt as above recorded. Capps Jefferson Rush Lipinski Pombo Stearns Carson John Sabo Livingston Pomeroy Strickland PARLIAMENTARY INQUIRY Clay Johnson, E. B. Sanchez LoBiondo Porter Stump Mr. LEWIS of California. Parliamen- Clayton Kanjorski Sanders Lucas Portman Stupak Clement Kennelly Sawyer Maloney (CT) Pryce (OH) Sununu tary inquiry, Mr. Speaker. Clyburn Kilpatrick Schumer Manton Quinn Talent The SPEAKER pro tempore. The gen- Condit Kleczka Scott Manzullo Radanovich Tanner tleman will state his parliamentary in- Conyers Klink Serrano Mascara Rahall Tauzin Costello Kucinich Skaggs McCarthy (MO) Ramstad Taylor (NC) quiry. Coyne LaFalce Slaughter McCarthy (NY) Redmond Thomas Mr. LEWIS of California. Mr. Speak- Cummings Lantos Snyder McCollum Regula Thornberry er, is the next vote on an amendment Davis (IL) Lewis (GA) Stabenow McCrery Reyes Thune DeFazio Lofgren Stark McDade Riggs Thurman which was offered by my distinguished DeGette Lowey Stenholm McHugh Riley Tiahrt colleague from New York, Mr. Delahunt Luther Stokes McInnis Rogan Traficant SERRANO? DeLauro Maloney (NY) Tauscher McIntosh Rogers Upton Dellums Markey Taylor (MS) McIntyre Rohrabacher Walsh The SPEAKER pro tempore. The gen- Dicks Martinez Thompson McKeon Ros-Lehtinen Wamp tleman is correct. Dingell Matsui Tierney McNulty Rothman Watkins The SPEAKER pro tempore. The Dixon McDermott Torres Menendez Roukema Watts (OK) Doggett McGovern Towns Metcalf Ryun Weldon (FL) Clerk will designate the next amend- Dooley McHale Turner Mica Salmon Weldon (PA) ment on which a separate vote has Eshoo McKinney Velazquez Miller (FL) Sandlin Weller been demanded. Etheridge Meehan Vento Mollohan Sanford Wexler Evans Meek Visclosky Moran (KS) Saxton White The text of the amendment is as fol- Fattah Millender- Waters Morella Scarborough Whitfield lows: Fazio McDonald Watt (NC) Murtha Schaefer, Dan Wicker Filner Miller (CA) Waxman Myrick Schaffer, Bob Wise Amendment offered by Mr. SERRANO: Foglietta Minge Weygand Nethercutt Sensenbrenner Wolf At the end of title XVII (relating to foreign Ford Mink Woolsey Neumann Sessions Young (AK) policy provisions) insert the following new Frank (MA) Moakley Wynn Ney Shadegg Young (FL) section: Frost Moran (VA) Yates Northup Shaw Furse Nadler SEC. 1717. REPORT CONCERNING OFFICIAL COM- NOT VOTING—6 PLAINTS OF THE GOVERNMENT OF NOES—287 Farr Forbes Royce CUBA TO THE GOVERNMENT OF THE Flake Molinari Schiff UNITED STATES. Aderholt Christensen Gilchrest Andrews Coble Gillmor b 1535 EPORT TO ONGRESS (a) R C .—Not later than 3 Archer Coburn Gilman months after the date of the enactment of Armey Collins Goode Messrs. TAYLOR of North Carolina, this Act, and each subsequent 3 months Bachus Combest Goodlatte MCINTYRE, and SPRATT changed thereafter, the Secretary of State, after con- Baker Cook Goodling their vote from ‘‘aye’’ to ‘‘no.’’ sultations with the heads of other Federal Ballenger Cooksey Gordon So the amendment was rejected. departments and agencies, shall submit to Barcia Cox Goss The result of the vote was announced the Congress a report listing all complaints Barr Cramer Graham Barrett (NE) Crane Granger as above recorded. by the Government of Cuba to departments Bartlett Crapo Green Mr. GILMAN. Mr. Speaker, I ask and agencies of the United States Govern- Barton Cubin Greenwood unanimous consent that the following ment concerning actions taken by United Bass Cunningham Gutierrez States persons or the Government of the Bateman Danner Gutknecht noncontroversial amendments be con- United States. Bentsen Davis (FL) Hansen sidered en bloc: Bereuter Davis (VA) Hastert (b) UNITED STATES PERSON DEFINED.—As The Fox of Pennsylvania amendment Berman Deal Hastings (WA) regarding Ukraine; used in this section the term ‘‘United States Bilbray DeLay Hayworth person’’ means any— Bilirakis Deutsch Hefley the Lazio of New York amendment (1) United States citizen or national; Blagojevich Diaz-Balart Herger regarding child and spousal support ob- (2) permanent resident alien; or Bliley Dickey Hill ligations; Blunt Doolittle Hilleary the Scarborough amendment regard- (3) juridical person organized under the Boehlert Doyle Hinojosa laws of the United States. Boehner Dreier Hobson ing Sudan; the Nethercutt amendment regarding The SPEAKER pro tempore. The Bonilla Duncan Hoekstra Bono Dunn Holden release of hostages in India; question is on the amendment offered Borski Edwards Horn the Fox of Pennsylvania amendment by the gentleman from New York [Mr. Boyd Ehlers Hostettler regarding Romania in NATO; SERRANO]. Brady Ehrlich Houghton Brown (FL) Emerson Hulshof the Ney amendment regarding assist- The question was taken; and the Bryant Engel Hunter ance to Libya; and Speaker pro tempore announced that Bunning English Hutchinson the Paxon-Engel-Saxton amendment the noes appeared to have it. Burr Ensign Hyde Burton Everett Inglis regarding Palestinian land sales. RECORDED VOTE Buyer Ewing Istook The SPEAKER pro tempore (Mr. Mr. SERRANO. Mr. Speaker, I de- Callahan Fawell Jenkins GOODLATTE). Is there objection to the Calvert Foley Johnson (CT) mand a recorded vote. request of the gentleman from New Camp Fowler Johnson (WI) York? A recorded vote was ordered. Campbell Fox Johnson, Sam Canady Franks (NJ) Jones Mr. SERRANO. Mr. Speaker, I object. The SPEAKER pro tempore. This is a Cannon Frelinghuysen Kaptur The SPEAKER pro tempore. Objec- 5-minute vote. Cardin Gallegly Kasich tion is heard. The vote was taken by electronic de- Castle Ganske Kelly The Clerk will designate the next Chabot Gekas Kennedy (MA) vice, and there were—ayes 141, noes 287, Chambliss Gephardt Kennedy (RI) amendment on which a separate vote not voting 6, as follows: Chenoweth Gibbons Kildee has been demanded. H3698 CONGRESSIONAL RECORD — HOUSE June 11, 1997 The text of the amendment is as fol- [Roll No. 192] Pascrell Sanford Talent Paxon Sawyer Tanner lows: AYES—415 Payne Saxton Tauscher OX Pelosi Scarborough Tauzin Amendment offered by Mr. F of Penn- Abercrombie Dicks Jones Peterson (PA) Schaefer, Dan Taylor (MS) sylvania: Ackerman Dingell Kaptur Petri Schaffer, Bob Taylor (NC) At the end of title XVII insert the follow- Aderholt Dixon Kasich Pickering Schumer Thomas ing new section: Allen Doggett Kelly Pickett Scott Thompson Andrews Dooley Kennedy (MA) SEC. 1717. SENSE OF CONGRESS CONCERNING AS- Pitts Sensenbrenner Thornberry Archer Doolittle Kennedy (RI) SISTANCE FOR UKRAINE. Pombo Serrano Thune Armey Doyle Kennelly (a) IN GENERAL.—It is the sense of the Pomeroy Sessions Thurman Bachus Dreier Kildee Porter Shadegg Tiahrt Congress that— Baesler Duncan Kilpatrick Portman Shaw Tierney (1) the Government and nation of Ukraine Baker Dunn Kim are to be commended for their decision to re- Poshard Shays Torres Baldacci Edwards Kind (WI) Price (NC) Sherman Towns linquish the nuclear weapons in the posses- Ballenger Ehlers King (NY) Pryce (OH) Shimkus Traficant sion of Ukraine after the demise of the Barcia Ehrlich Kingston Quinn Shuster Turner former Soviet Union; Barr Emerson Kleczka Radanovich Sisisky Upton (2) the Government of Ukraine is to be Barrett (NE) Engel Klink Ramstad Skaggs Velazquez Barrett (WI) English Klug commended for its recent announcement Rangel Skeen Vento Bartlett Ensign Knollenberg Redmond Skelton Visclosky that Ukrainian enterprises will not partici- Barton Eshoo Kolbe pate in the construction of nuclear reactors Regula Slaughter Walsh Bass Etheridge Kucinich Reyes Smith (MI) Wamp in Iran; Bateman Evans LaFalce Riggs Smith (NJ) Waters (3) the Government of Ukraine is to be Bentsen Everett LaHood Riley Smith (OR) Watkins commended for taking a positive and cooper- Bereuter Ewing Lampson Rivers Smith (TX) Watt (NC) ative position with regard to the admission Berman Fattah Lantos Rodriguez Smith, Adam Watts (OK) into the NATO alliance of new member- Berry Fawell Largent Roemer Smith, Linda Waxman Bilbray Fazio Latham Rogan Snowbarger Weldon (FL) states in Central and Eastern Europe, par- Bilirakis Foglietta LaTourette ticularly Ukraine’s willingness to negotiate Rogers Snyder Weldon (PA) Bishop Foley Lazio Rohrabacher Solomon Weller a bilateral charter with that alliance; Blagojevich Ford Leach Ros-Lehtinen Souder Wexler (4) the Government of Ukraine is to be Bliley Fowler Levin Rothman Spence Weygand commended for its efforts to ensure that the Blumenauer Fox Lewis (CA) Roukema Spratt White Russian-dominated Commonwealth of Inde- Blunt Frank (MA) Lewis (GA) Roybal-Allard Stabenow Whitfield pendent States organization does not serve Boehlert Franks (NJ) Lewis (KY) Royce Stark Wicker Boehner Frelinghuysen Linder Rush Stearns Wise as a means to reintegrate the independent Bonilla Frost Lipinski states of the former Soviet Union into a new Ryun Stenholm Wolf Bonior Furse Livingston Sabo Stokes Woolsey political entity under Russian leadership and Bono Gallegly LoBiondo Salmon Strickland Wynn occupying the territory that comprised the Borski Ganske Lofgren Sanchez Stump Yates former Soviet Union; Boswell Gejdenson Lowey Sanders Stupak Young (AK) (5) the Government of Ukraine should im- Boucher Gekas Lucas Sandlin Sununu Young (FL) Boyd Gephardt Luther mediately move to ensure that United States Brady Gibbons Maloney (CT) NOES—12 investors who have been subjected to extor- Brown (CA) Gilchrest Maloney (NY) tion, fraud, or other criminal activity, or to Becerra Hamilton Pastor Brown (FL) Gillmor Manton Buyer Kanjorski Paul inappropriate, corrupt activities carried out Brown (OH) Gilman Manzullo DeFazio McDermott Pease by officials or representatives of the Ukrain- Bryant Gonzalez Markey Filner Obey Rahall ian Government, are provided with full res- Bunning Goode Martinez titution or compensation for their losses; Burr Goodlatte Mascara NOT VOTING—7 Burton Goodling Matsui Farr Molinari Schiff (6) the nation and Government of Ukraine Callahan Gordon McCarthy (MO) Flake Mollohan are to be commended for the adoption of a Calvert Goss McCarthy (NY) Forbes Peterson (MN) democratic constitution, the conduct of free Camp Graham McCollum and fair elections, and the peaceful transfer Campbell Granger McCrery b 1544 of executive power since Ukraine gained its Canady Green McDade independence in 1991; and Cannon Greenwood McGovern So the amendment was agreed to. (7) the President should respond positively Capps Gutierrez McHale The result of the vote was announced Cardin Gutknecht McHugh as above recorded. to any request made by the government of Carson Hall (OH) McInnis Ukraine for United States government agen- Castle Hall (TX) McIntosh b 1545 cies assistance and involvement in the im- Chabot Hansen McIntyre plementation of additional programs to fight Chambliss Harman McKeon The SPEAKER pro tempore (Mr. corruption in Ukraine and to ensure that Chenoweth Hastert McKinney GOODLATTE). The Clerk will report the American investors in that country are not Christensen Hastings (FL) McNulty next amendment on which a separate subjected to unfair, inappropriate, or crimi- Clay Hastings (WA) Meehan Clayton Hayworth Meek vote has been demanded. nal practices on the part of officials of the Clement Hefley Menendez The Clerk read as follows: Government of Ukraine or any citizens of Clyburn Hefner Metcalf Amendment offered by Mr. LAZIO of New Ukraine. Coble Herger Mica (b) AVAILABILITY OF AMOUNTS FOR Coburn Hill Millender- York: UKRAINE.—It is further the sense of the Con- Collins Hilleary McDonald At the end of title XVII (relating to foreign gress that the President should ensure that Combest Hilliard Miller (CA) policy provisions) insert the following: Ukraine receives assistance for fiscal years Condit Hinchey Miller (FL) SEC. 1717. SENSE OF CONGRESS REGARDING Conyers Hinojosa Minge COMPLIANCE WITH CHILD AND 1998 and 1999 for political and economic re- Cook Hobson Mink forms at a level equal to that allocated to SPOUSAL SUPPORT OBLIGATIONS BY Cooksey Hoekstra Moakley UNITED NATIONS PERSONNEL. Ukraine for fiscal year 1997. Costello Holden Moran (KS) (a) SENSE OF CONGRESS.—It is the sense of The SPEAKER pro tempore. The Cox Hooley Moran (VA) Coyne Horn Morella Congress that— question is on the amendment offered Cramer Hostettler Murtha (1) all United Nations staff, including dip- by the gentleman from Pennsylvania Crane Houghton Myrick lomats, should comply with binding United [Mr. FOX]. Crapo Hoyer Nadler States Federal, State, and local court orders Cubin Hulshof Neal regarding child and spousal support obliga- The question was taken; and the Cummings Hunter Nethercutt Speaker pro tempore announced that tions; Cunningham Hutchinson Neumann (2) the internal regulations of the United the ayes appeared to have it. Danner Hyde Ney Davis (FL) Inglis Northup Nations allows— RECORDED VOTE Davis (IL) Istook Norwood (A) the United Nations to release staff sal- Mr. SERRANO. Mr. Speaker, I de- Davis (VA) Jackson (IL) Nussle ary information to the courts in spousal and mand a recorded vote. Deal Jackson-Lee Oberstar child support cases; DeGette (TX) Olver (B) the Secretary General to authorize de- A recorded vote was ordered. Delahunt Jefferson Ortiz The SPEAKER pro tempore. This duction of dependency related allowances DeLauro Jenkins Owens from staff salary; DeLay John Oxley will be a 5-minute vote. (C) the United Nations to cooperate with The vote was taken by electronic de- Dellums Johnson (CT) Packard Deutsch Johnson (WI) Pallone appropriate authorities to facilitate proper vice, and there were—ayes 415, noes 12, Diaz-Balart Johnson, E. B. Pappas legal or judicial resolution of the family’s not voting 7, as follows: Dickey Johnson, Sam Parker claim. June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3699

(b) CONGRESSIONAL STATEMENT.—The Sec- Hastert McCrery Sandlin NOT VOTING—9 Hastings (FL) McDade Sanford retary of State should urge the United Na- Doggett Forbes Molinari Hastings (WA) McGovern Sawyer tions to fully comply with regulations re- Farr Goodling Mollohan Hayworth McHale Saxton garding compliance with child and spousal Flake McIntosh Schiff Hefley McHugh Scarborough support obligations by United Nations per- Hefner McInnis Schaefer, Dan sonnel, in a timely manner and to the fullest Herger McIntyre Schaffer, Bob b 1752 extent possible. Hill McKeon Schumer (c) LIMITATION ON PAYMENT OF ARREARAGES Hilleary McKinney Sensenbrenner So the amendment was agreed to. TO THE UNITED NATIONS.—Notwithstanding Hinchey McNulty Serrano The result of the vote was announced any other provision of this Act, of funds ap- Hinojosa Meehan Sessions Shadegg as above recorded. propriated for the payment of United States Hobson Meek Hoekstra Menendez Shaw PARLIAMENTARY INQUIRY arrearages to the United Nations out of Holden Metcalf Shays Mr. TIAHRT. I have a parliamentary funds authorized to be appropriated by this Hooley Mica Sherman Act, $10,000,000 shall not be available until Horn Millender- Shimkus inquiry, Mr. Speaker. the Secretary of State certifies that— Hostettler McDonald Shuster The SPEAKER pro tempore. The gen- (1) the United Nations is actively enforcing Houghton Miller (FL) Sisisky tleman will state his parliamentary in- Hoyer Minge Skeen child and spousal support payments in com- Skelton quiry. pliance with Federal, State, and local court Hulshof Mink Hunter Moakley Slaughter Mr. TIAHRT. Would it be in order for orders; and Hutchinson Moran (KS) Smith (MI) us to reconsider the Frank Sinatra (2) the United Nations is actively reform- Hyde Moran (VA) Smith (NJ) congressional award, Mr. Speaker? ing its pension policy, making the United Smith (OR) Inglis Morella The SPEAKER pro tempore. The gen- Nations pension fund subject to Federal, Istook Murtha Smith (TX) State, or local court orders of spousal or Jackson-Lee Myrick Smith, Adam tleman has not stated a proper par- (TX) Nadler Smith, Linda liamentary inquiry. child support. Snowbarger Jefferson Neal The Clerk will report the next The Speaker pro tempore. The ques- Jenkins Nethercutt Snyder Solomon amendment on which a separate vote tion is on the amendment offered by John Neumann Johnson (CT) Ney Souder has been demanded. the gentleman from New York [Mr. Spence Johnson, Sam Northup Spratt The Clerk read as follows: LAZIO]. Jones Norwood Stabenow Amendment offered by Mr. SMITH of New The question was taken; and the Kanjorski Nussle Stark Kaptur Oberstar Jersey: Speaker pro tempore announced that Stearns Kasich Ortiz Insert at the end of the bill the following Stenholm the ayes appeared to have it. Kelly Owens new title: Stokes Kennedy (MA) Oxley RECORDED VOTE Strickland TITLE . UNITED STATES POLICY WITH Kennedy (RI) Packard Mr. SERRANO. Mr. Speaker, I de- Stump RESPECT TO FORCED ABORTION AND Kennelly Pallone Stupak mand a recorded vote. Kildee Pappas FOREIGN ORGANIZATIONS THAT PER- Sununu Parker FORM OR PROMOTE ABORTION A recorded vote was ordered. Kim Talent The SPEAKER pro tempore. This is a Kind (WI) Pascrell Tanner SEC. . FOREIGN ORGANIZATIONS THAT PER- King (NY) Pastor five-minute vote. Tauscher FORM OR PROMOTE ABORTION. Kingston Paxon Tauzin Section 104 of the Foreign Assistance Act The vote was taken by electronic de- Kleczka Pease Taylor (MS) of 1961. Public Law 87–195, is amended by the Klink Pelosi vice, and there were—ayes 387, noes 38, Taylor (NC) addition of the following subject. Klug Peterson (MN) Thomas not voting 9, as follows: ‘‘(h) RESTRICTION ON ASSISTANCE TO FOR- Knollenberg Peterson (PA) Thompson [Roll No. 193] Kolbe Petri Thornberry EIGN ORGANIZATIONS THAT PERFORM OR AC- Kucinich Pickering TIVELY PROMOTE ABORTIONS.— AYES—387 Thune LaFalce Pickett Thurman ‘‘(1) PERFORMANCE OF ABORTIONS.— Abercrombie Calvert Dunn LaHood Pitts Tiahrt ‘‘(a) Notwithstanding section 614 of this Ackerman Camp Edwards Lampson Pombo Tierney Act or any other provision of law, no funds Aderholt Canady Ehlers Lantos Pomeroy Torres appropriated for population planning activi- Allen Cannon Ehrlich Largent Porter Towns ties or other population assistance may be Andrews Cardin Emerson Latham Portman Traficant Archer Castle Engel LaTourette Poshard Turner made available for any foreign private, non- Armey Chabot English Lazio Price (NC) Upton governmental, or multilateral organization Bachus Chambliss Ensign Leach Pryce (OH) Vento until the organization certifies that it will Baesler Chenoweth Etheridge Levin Quinn Visclosky not, during the period for which the funds Baker Christensen Evans Lewis (CA) Radanovich Walsh are made available, perform abortions in any Baldacci Clay Everett Lewis (GA) Ramstad Wamp Ballenger Clayton Ewing foreign country, except where the life of the Lewis (KY) Rangel Watkins mother would be endangered if the preg- Barcia Clyburn Fattah Linder Redmond Watts (OK) Barr Coble Fawell Lipinski Regula Waxman nancy were carried to term or in cases of Barrett (NE) Coburn Fazio Livingston Reyes Weldon (FL) forcible rape or incest. Barrett (WI) Collins Foley LoBiondo Riggs Weldon (PA) ‘‘(b) Paragraph (a) may not be construed to Bartlett Combest Ford Lofgren Riley Weller apply to the treatment of injuries or ill- Barton Condit Fowler Lowey Rodriguez Wexler nesses caused by legal or illegal abortions or Bass Cook Fox Lucas Roemer Weygand Bateman Cooksey Frank (MA) to assistance provided directly to the gov- Luther Rogan White ernment of a country. Bentsen Costello Franks (NJ) Maloney (CT) Rogers Whitfield ‘‘(2) LOBBYING ACTIVITIES.— Bereuter Cox Frelinghuysen Maloney (NY) Rohrabacher Wicker Berry Coyne Frost Manton Ros-Lehtinen Wise ‘‘(a) Notwithstanding section 614 of this Bilbray Cramer Gallegly Manzullo Rothman Wolf Act or any other provision of law, no funds Bilirakis Crane Ganske Markey Roukema Woolsey appropriated for population planning activi- Bishop Crapo Gejdenson Martinez Royce Wynn ties or other population assistance may be Blagojevich Cubin Gekas Mascara Rush Yates Bliley Cummings Gephardt made available for any foreign private, non- Matsui Ryun Young (AK) governmental, or multilateral organization Blumenauer Cunningham Gibbons Young (FL) McCarthy (MO) Sabo until the organization certifies that it will Blunt Danner Gilchrest McCarthy (NY) Salmon Boehlert Davis (IL) Gillmor McCollum Sanchez not, during the period for which the funds Boehner Davis (VA) Gilman are made available, violate the laws of any Bonilla Deal Gonzalez NOES—38 foreign country concerning the cir- Bono DeFazio Goode cumstances under which abortion is per- Borski DeGette Goodlatte Becerra Eshoo Olver Boswell Delahunt Gordon Berman Filner Paul mitted, regulated, or prohibited, or engage in Boucher DeLauro Goss Bonior Foglietta Payne any activity or effort to alter the laws or Boyd DeLay Graham Brown (CA) Furse Rahall governmental policies of any foreign county Brady Deutsch Granger Campbell Hamilton Rivers concerning the circumstances under which Brown (FL) Diaz-Balart Green Capps Hilliard Roybal-Allard abortion is permitted, regulated or prohib- Brown (OH) Dickey Greenwood Carson Jackson (IL) Sanders ited. Bryant Dicks Gutierrez Clement Johnson (WI) Scott ‘‘(b) Paragraph (a) shall not apply to ac- Bunning Dixon Gutknecht Conyers Johnson, E. B. Skaggs Burr Doolittle Hall (OH) Davis (FL) Kilpatrick Velazquez tivities in opposition to coercive abortion or Burton Doyle Hall (TX) Dellums McDermott Waters involuntary sterilization. Buyer Dreier Hansen Dingell Miller (CA) Watt (NC) ‘‘(3) The prohibitions of this subsection Callahan Duncan Harman Dooley Obey apply to funds made available to a foreign H3700 CONGRESSIONAL RECORD — HOUSE June 11, 1997 organization either directly or as a sub- Klink Obey Shaw Stokes Torres Watt (NC) contractor or sub-grantee, and the required Knollenberg Ortiz Shimkus Strickland Towns Waxman certifications apply to activities in which Kucinich Oxley Shuster Tanner Turner Wexler Skeen Tauscher Upton White the organization engages either directly or LaFalce Packard LaHood Pappas Skelton Thomas Velazquez Wise through a subcontractor or sub-grantee.’’ Largent Parker Smith (MI) Thompson Vento Woolsey SEC. . FORCED ABORTION IN THE PEOPLE’S RE- Latham Paul Smith (NJ) Thurman Visclosky Wynn PUBLIC OF CHINA. LaTourette Paxon Smith (OR) Tierney Waters Yates Lewis (CA) Pease Smith (TX) Section 301 of the Foreign Assistance Act NOT VOTING—7 of 1961, Public Law 87–195, is amended by the Lewis (KY) Peterson (MN) Smith, Linda Linder Peterson (PA) Snowbarger Farr Molinari Schiff addition of the following new subsection: Lipinski Petri Solomon Flake Mollohan ‘‘(i) LIMITATION RELATING TO FORCED ABOR- Livingston Pickering Souder Forbes Pelosi TIONS IN THE PEOPLE’S REPUBLIC OF CHINA.— LoBiondo Pitts Spence Notwithstanding section 614 of this Act or Lucas Pombo Stearns b 1602 any other provision of law, no funds may be Manton Portman Stenholm So the amendment was agreed to. made available for the United Nations Popu- Manzullo Poshard Stump Stupak The result of the vote was announced lation Fund (UNFPA) in any fiscal year un- Mascara Quinn McCollum Radanovich Sununu as above recorded. less the President certifies that (1) UNFPA McCrery Rahall Talent (Mr. SOLOMON asked and was given has terminated all activities in the People’s McDade Redmond Tauzin permission to speak out of order for 1 Republic of China, and the United States has McHugh Regula Taylor (MS) received assurances that UNFPA will con- McInnis Riggs Taylor (NC) minute.) duct no such activities during the fiscal year McIntosh Riley Thornberry ANNOUNCEMENT ON SUPPLEMENTAL Thune for which the funds are to be made available; McIntyre Roemer APPROPRIATION Tiahrt or (2) during the 12 months preceding such McKeon Rogan Metcalf Rogers Traficant Mr. SOLOMON. Mr. Speaker, for the certification there have been no abortions as Mica Rohrabacher Walsh purpose of making an announcement the result of coercion associated with the Miller (FL) Ros-Lehtinen Wamp about the supplemental appropriation family planning policies of the national gov- Watkins Moakley Royce bill, I want to ask the Committee on ernment or other governmental entities Moran (KS) Ryun Watts (OK) within the People’s Republic of China. As Murtha Salmon Weldon (FL) Rules members to cast their vote early used in this section the term ‘‘coercion’’ in- Myrick Sanford Weldon (PA) on the next vote and then come up to Weller cludes physical duress or abuse, destruction Nethercutt Saxton the Committee on Rules so that we Neumann Scarborough Weygand or confiscation of property, loss of means of Ney Schaefer, Dan Whitfield may have an emergency meeting on livelihood, or severe psychological pressure.’’ Northup Schaffer, Bob Wicker the supplemental appropriation bill. The SPEAKER pro tempore. The Norwood Sensenbrenner Wolf I would also just say that I have sug- Nussle Sessions Young (AK) gested to the leadership that this bill question is on the amendment offered Oberstar Shadegg Young (FL) by the gentleman from New Jersey has to be finished tonight and maybe, [Mr. SMITH]. NOES—193 with the committees meeting in other The question was taken; and the Abercrombie Filner McCarthy (MO) buildings, that we ought to perhaps re- Speaker pro tempore announced that Ackerman Foglietta McCarthy (NY) cess for 2 or 3 hours and come back Allen Ford McDermott here at about 8 or 9 and then finish the the ayes appeared to have it. Andrews Frank (MA) McGovern RECORDED VOTE Baesler Franks (NJ) McHale bill around midnight. Mr. GILMAN. Mr. Speaker, I ask Mr. SERRANO. Mr. Speaker, I de- Baldacci Frelinghuysen McKinney Barrett (WI) Frost McNulty unanimous consent that the following mand a recorded vote. Bass Furse Meehan amendments be considered en bloc: A recorded vote was ordered. Becerra Gejdenson Meek Scarborough amendment regarding The SPEAKER pro tempore. This is a Bentsen Gephardt Menendez Berman Gilchrest Millender- Sudan; Nethercutt amendment regard- 5-minute vote. Bilbray Gilman McDonald ing release of hostages in India, Fox of The vote was taken by electronic de- Bishop Gonzalez Miller (CA) Pennsylvania amendment regarding vice, and there were—ayes 234, noes 193, Blagojevich Gordon Minge Blumenauer Green Mink Romania and NATO, Ney amendment not voting 7, as follows: Boehlert Greenwood Moran (VA) regarding assistance to Libya, Paxon- [Roll No. 194] Boswell Gutierrez Morella Engel-Saxton amendment regarding Boucher Harman Nadler AYES—234 Boyd Hastings (FL) Neal Palestinian land sales. Aderholt Coburn Goodlatte Brown (CA) Hefner Olver The SPEAKER pro tempore (Mr. Archer Collins Goodling Brown (FL) Hilliard Owens GOODLATTE). Is there objection to the Armey Combest Goss Brown (OH) Hinchey Pallone request of the gentleman from New Bachus Cook Graham Campbell Hinojosa Pascrell Baker Cooksey Granger Capps Hobson Pastor York? Ballenger Costello Gutknecht Cardin Hooley Payne Mr. SERRANO. Mr. Speaker, I object. Barcia Cox Hall (OH) Carson Horn Pickett The SPEAKER pro tempore. Objec- Barr Cramer Hall (TX) Castle Houghton Pomeroy Barrett (NE) Crane Hamilton Clay Hoyer Porter tion is heard. Bartlett Crapo Hansen Clayton Jackson (IL) Price (NC) The Clerk will designate the next Barton Cubin Hastert Clement Jackson-Lee Pryce (OH) amendment on which a separate vote Bateman Cunningham Hastings (WA) Clyburn (TX) Ramstad has been demanded. Bereuter Danner Hayworth Condit Jefferson Rangel Berry Deal Hefley Conyers Johnson (CT) Reyes The text of the amendment is as fol- Bilirakis DeLay Herger Coyne Johnson (WI) Rivers lows: Bliley Diaz-Balart Hill Cummings Johnson, E. B. Rodriguez Amendment offered by Mr. GILMAN: Blunt Dickey Hilleary Davis (FL) Kelly Rothman At end of Title XVII (relating to foreign Boehner Dingell Hoekstra Davis (IL) Kennedy (MA) Roukema policy provisions) add the following new sec- Bonilla Doolittle Holden Davis (VA) Kennedy (RI) Roybal-Allard Bonior Doyle Hostettler DeFazio Kennelly Rush tion (and conform the table of contents ac- Bono Dreier Hulshof DeGette Kilpatrick Sabo cordingly): Borski Duncan Hunter Delahunt Kind (WI) Sanchez SEC. . ADDITIONAL REQUIREMENTS RELATING Brady Dunn Hutchinson DeLauro Klug Sanders TO ASSISTANCE Bryant Ehlers Hyde Dellums Kolbe Sandlin (a) IN GENERAL.—Section 481(e)(4), of the Bunning Emerson Inglis Deutsch Lampson Sawyer Foreign Assistance Act of 1961 (22 U.S.C. Burr English Istook Dicks Lantos Schumer Burton Ensign Jenkins Dixon Lazio Scott 2291(e)(4)) is amended— Buyer Everett John Doggett Leach Serrano (1) in subparagraph (a)(ii), inserting ‘‘or Callahan Ewing Johnson, Sam Dooley Levin Shays under chapter 5 of part II’’ after ‘‘(including Calvert Foley Jones Edwards Lewis (GA) Sherman chapter 4 of part II)’’; and Camp Fowler Kanjorski Ehrlich Lofgren Sisisky (2) in subparagraph (B), by inserting before Canady Fox Kaptur Engel Lowey Skaggs the semicolon at the end the following: ‘‘, Cannon Gallegly Kasich Eshoo Luther Slaughter other than sales or financing provided for Chabot Ganske Kildee Etheridge Maloney (CT) Smith, Adam Chambliss Gekas Kim Evans Maloney (NY) Snyder narcotics-related purposes following notifi- Chenoweth Gibbons King (NY) Fattah Markey Spratt cation in accordance with procedures appli- Christensen Gillmor Kingston Fawell Martinez Stabenow cable to reprogramming notifications under Coble Goode Kleczka Fazio Matsui Stark section 634A of this Act.’’. June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3701

(b) EFFECTIVE DATE.—The amendments [Roll No 195] Payne Sanford Talent made by subsection (a) shall apply with re- Pease Sawyer Tanner spect to assistance provided on or after the AYES—410 Peterson (MN) Saxton Tauscher Peterson (PA) Scarborough Tauzin Abercrombie Dingell Kasich date of the enactment of this Act. Petri Schaefer, Dan Taylor (MS) Ackerman Dixon Kelly Pickering Schaffer, Bob Thomas The SPEAKER pro tempore. The Aderholt Doggett Kennedy (MA) Pickett Schumer Thompson Allen Dooley Kennedy (RI) question is on the amendment offered Pitts Scott Thornberry Andrews Doolittle Kennelly by the gentleman from New York [Mr. Pombo Sensenbrenner Thune Archer Doyle Kildee Pomeroy Serrano Thurman GILMAN]. Bachus Dreier Kilpatrick Porter Sessions Tiahrt Baesler Duncan Kim The amendment was agreed to. Portman Shadegg Tierney Baker Dunn Kind (WI) Poshard Shaw Torres The SPEAKER pro tempore. The Baldacci Edwards King (NY) Clerk will designate the next amend- Price (NC) Shays Towns Ballenger Ehlers Kingston Pryce (OH) Sherman Traficant ment on which a separate vote has Barcia Ehrlich Kleczka Quinn Shimkus Turner been demanded. Barr Emerson Klink Radanovich Shuster Upton Barrett (NE) Engel Klug Ramstad Sisisky Velazquez The text of the amendment is as fol- Barrett (WI) English Knollenberg Rangel Skaggs Vento lows: Bartlett Ensign Kolbe Redmond Skeen Visclosky Barton Eshoo LaHood Regula Skelton Walsh Amendment offered by Mr. SCARBOROUGH: Bass Etheridge Lampson Reyes Slaughter Wamp Page 185, after line 17, insert the following Bateman Evans Lantos Riggs Smith (MI) Waters section: Becerra Everett Largent Riley Smith (NJ) Watkins Bentsen Ewing Latham Rivers Smith (OR) Watts (OK) SEC. 1717. UNITED STATES POLICY REGARDING Bereuter Fattah LaTourette Rodriguez Smith (TX) Waxman RELIGIOUS PERSECUTION AND SUP- Berman Fawell Lazio Roemer Smith, Adam Weldon (FL) PORT OF TERRORISM BY SUDAN. Berry Fazio Leach Rogan Smith, Linda Weldon (PA) (a) FINDINGS.—The Congress finds the fol- Bilbray Filner Levin Rogers Snowbarger Weller lowing: Bilirakis Foglietta Lewis (CA) Rohrabacher Snyder Wexler Bishop Foley Lewis (GA) (1) Continued disregard of the freedom of Ros-Lehtinen Solomon Weygand Blagojevich Ford Lewis (KY) Rothman Souder White religion by Sudan is unacceptable. Bliley Fowler Linder Roukema Spence Whitfield (2) Continued support of terrorist activities Blumenauer Frank (MA) Lipinski Roybal-Allard Spratt Wicker by Sudan is of deepest concern and shall not Blunt Franks (NJ) Livingston Royce Stabenow Wise be tolerated. Boehlert Frelinghuysen LoBiondo Rush Stearns Wolf Boehner Frost Lofgren Ryun Stenholm Woolsey (b) FINANCIAL TRANSACTIONS WITH TERROR- Bonilla Furse Lowey Sabo Stokes Wynn ISTS.—Notwithstanding any other provision Bonior Gallegly Lucas Salmon Strickland Yates of law, the exception with respect to Sudan Bono Ganske Luther Sanchez Stump Young (FL) under section 2332(a) of title 18, United Borski Gejdenson Maloney (CT) Sanders Stupak States Code (provided in regulations issued Boswell Gekas Maloney (NY) Sandlin Sununu in August 1996 by the Office of Foreign As- Boucher Gephardt Manton Boyd Gibbons Manzullo NOES—12 sets of the Treasury Department) shall cease Brady Gilchrest Markey to be effective on the date of the enactment Campbell Hinchey Paul Brown (CA) Gillmor Martinez Conyers Kucinich Rahall of this Act. No such exception under such Brown (FL) Gilman Mascara DeFazio LaFalce Stark section may be issued with respect to Sudan Brown (OH) Gonzalez Matsui Harman McDermott Watt (NC) until the President certifies to the Congress Bryant Goode McCarthy (MO) that Sudan is no longer sponsoring or sup- Bunning Goodlatte McCarthy (NY) NOT VOTING—12 porting terrorism. Burr Goodling McCollum Armey Fox Pelosi Burton Gordon McCrery Farr Greenwood Schiff The SPEAKER pro tempore. The Buyer Goss McDade Flake Molinari Taylor (NC) Callahan Graham McGovern Forbes Mollohan Young (AK) question is on the amendment offered Calvert Granger McHale by the gentleman from Florida [Mr. Camp Green McHugh b 1612 SCARBOROUGH]. Canady Gutierrez McInnis Cannon Gutknecht McIntosh So the amendment was agreed to. The question was taken; and the Capps Hall (OH) McIntyre The result of the vote was announced Speaker pro tempore announced that Cardin Hall (TX) McKeon as above recorded. the ayes appeared to have it. Carson Hamilton McKinney The SPEAKER pro tempore. The Castle Hansen McNulty RECORDED VOTE Chabot Hastert Meehan Clerk will designate the next amend- ment on which a separate vote has Mr. SERRANO. Mr. Speaker, I de- Chambliss Hastings (FL) Meek Chenoweth Hastings (WA) Menendez been demanded. mand a recorded vote. Christensen Hayworth Metcalf The text of the amendment is as fol- A recorded vote was ordered. Clay Hefley Mica Clayton Hefner Millender- lows: The SPEAKER pro tempore. This Clement Herger McDonald Amendment offered by Mr. NETHERCUTT: will be a 5-minute vote. Clyburn Hill Miller (CA) At the end of title XVII insert the following Coble Hilleary Miller (FL) section: PARLIAMENTARY INQUIRY Coburn Hilliard Minge SEC. 1717. SENSE OF CONGRESS RELATING TO Collins Hinojosa Mink Mr. ACKERMAN (during the vote). THE ABDUCTION AND DETAINMENT Combest Hobson Moakley OF DONALD HUTCHINGS OF THE Mr. Speaker, I have a parliamentary Condit Hoekstra Moran (KS) STATE OF WASHINGTON. inquiry. Cook Holden Moran (VA) (a) FINDINGS.—The Congress makes the fol- The SPEAKER pro tempore. The gen- Cooksey Hooley Morella Costello Horn Murtha lowing findings: tleman will state it. Cox Hostettler Myrick (1) Al-Faran, a militant organization that Mr. ACKERMAN. Mr. Speaker, on Coyne Houghton Nadler seeks to merge Kashmir with Pakistan, has which amendment is the Chair asking Cramer Hoyer Neal waged a war against the Government of Crane Hulshof Nethercutt India. for a recorded vote? Crapo Hunter Neumann (2) During the week of July 2, 1995, Al- The SPEAKER pro tempore. The Cubin Hutchinson Ney Faran abducted Donald Hutchings of the chair just put the question on the Cummings Hyde Northup State of Washington, and 4 Western Euro- Cunningham Inglis Norwood Scarborough amendment. The Chair Danner Istook Nussle peans in the territory of Jammu and Kash- announced that the Gilman amend- Davis (FL) Jackson (IL) Oberstar mir, India. ment was adopted by voice vote. This Davis (IL) Jackson-Lee Obey (3) Al-Faran has threatened to kill Donald Davis (VA) (TX) Olver Hutchings and the Western European hos- is a vote on the Scarborough amend- Deal Jefferson Ortiz tages unless the Government of India agrees ment. DeGette Jenkins Owens to release suspected guerrillas from its jails. The Chair is responding during the Delahunt John Oxley (4) Several militants have been captured vote since a rollcall is under way, as to DeLauro Johnson (CT) Packard by the Indian Government and have given DeLay Johnson (WI) Pallone conflicting and unconfirmed reports about the conduct of the current vote. Dellums Johnson, E. B. Pappas the hostages. The vote was taken by electronic de- Deutsch Johnson, Sam Parker Diaz-Balart Jones Pascrell (5) Donald Hutchings and the 4 Western vice, and there were—ayes 410, noes 12, Dickey Kanjorski Pastor European hostages have been held against not voting 12, as follows: Dicks Kaptur Paxon their will by Al-Faran for nearly 2 years. H3702 CONGRESSIONAL RECORD — HOUSE June 11, 1997 (b) SENSE OF CONGRESS.—It is the sense of Hilliard McIntosh Sanford Mr. GILMAN. Mr. Speaker, I ask the Congress that— Hinchey McIntyre Sawyer unanimous consent that the following (1) the militant organization Al-Faran Hinojosa McKeon Saxton Hobson McKinney Scarborough amendments be considered en bloc: should release, immediately, Donald Hoekstra McNulty Schaefer, Dan Miller amendment, as amended by Hutchings and 4 Western Europeans from Holden Meehan Schaffer, Bob Diaz-Balart, regarding Cuban cigars; captivity; Hooley Meek Schumer (2) Al-Faran and their supporters should Horn Menendez Scott Fox of Pennsylvania amendment re- cease and desist from all acts of hostage-tak- Hostettler Mica Sensenbrenner garding Romania and NATO; Ney ing and other violent acts within the State Houghton Millender- Serrano amendment regarding assistance to of Jammu and Kashmir, India; Hoyer McDonald Sessions Hulshof Miller (CA) Shadegg Libya; Rohrabacher amendment re- (3) the State Department Rewards Pro- Hunter Miller (FL) Shaw garding Russian arms transfers to gram should be used to the greatest extent Hutchinson Minge Shays China; and the Paxon-Engel-Saxton possible to solicit new information pertain- Hyde Mink Sherman amendment regarding Palestinian land ing to hostages; and Inglis Moakley Shimkus (4) the governments of the United States, Istook Moran (KS) Shuster sales. the United Kingdom, Germany, Norway, Jackson (IL) Moran (VA) Sisisky The SPEAKER pro tempore (Mr. India, and Pakistan should share and inves- Jackson-Lee Morella Skeen GOODLATTE). Is there objection to the (TX) Murtha Skelton tigate all information relating to these hos- Jefferson Myrick Slaughter request of the gentleman from New tages as quickly as possible. Jenkins Nadler Smith (MI) York? The SPEAKER pro tempore. The John Neal Smith (NJ) Mr. SERRANO. I object, Mr. Speaker. Johnson (CT) Nethercutt Smith (OR) The SPEAKER pro tempore. Objec- question is on the amendment offered Johnson (WI) Neumann Smith (TX) by the gentleman from Washington Johnson, E. B. Ney Smith, Adam tion is heard. [Mr. NETHERCUTT]. Johnson, Sam Northup Smith, Linda The Clerk will designate the next The question was taken; and the Jones Norwood Snowbarger amendment. Kanjorski Nussle Snyder Speaker pro tempore announced that Kaptur Oberstar Solomon The text of the amendment, as the ayes appeared to have it. Kasich Obey Souder amended, is as follows: Kelly Olver Spence RECORDED VOTE Amendment offered by Mr. MILLER of Cali- Kennedy (MA) Ortiz Spratt fornia, as amended: Mr. SERRANO. Mr. Speaker, I de- Kennedy (RI) Owens Stabenow Kennelly Oxley Stark At the end of title XVII, insert the follow- mand a recorded vote. ing section: A recorded vote was ordered. Kildee Packard Stearns Kilpatrick Pallone Stenholm SEC. 1717. CUBAN CIGARS. The vote was taken by electronic de- Kim Pappas Stokes It is the sense of Congress that the United vice, and there were—ayes 423, noes 0, Kind (WI) Parker Strickland States should not prohibit the importation not voting 11, as follows: King (NY) Pascrell Stump Kingston Pastor Stupak into the United States, or the sale or dis- [Roll No. 196] Kleczka Paul Sununu tribution in the United States, of cigars that AYES—423 Klink Paxon Talent are the product of Cuba, at such time as the Klug Payne Tanner government of Cuba has (1) freed all political Abercrombie Cardin English Knollenberg Pease Tauscher prisoners, (2) legalized all political activity, Ackerman Carson Ensign Kolbe Peterson (MN) Tauzin and (3) agreed to hold free and fair elections. Aderholt Castle Eshoo Kucinich Peterson (PA) Taylor (MS) Allen Chabot Etheridge LaFalce Petri Taylor (NC) The SPEAKER pro tempore. The Andrews Chambliss Evans LaHood Pickering Thomas question is on the amendment offered Archer Chenoweth Everett Lampson Pickett Thompson by the gentleman from California [Mr. Bachus Christensen Ewing Lantos Pitts Thornberry Baesler Clay Fattah Largent Pombo Thune MILLER], as amended. Baker Clayton Fawell Latham Pomeroy Thurman The question was taken; and the Baldacci Clement Fazio LaTourette Porter Tiahrt Speaker pro tempore announced that Ballenger Clyburn Filner Lazio Portman Tierney Barcia Coble Foglietta Leach Poshard Torres the ayes appeared to have it. Barr Coburn Foley Levin Price (NC) Towns RECORDED VOTE Barrett (NE) Collins Ford Lewis (CA) Pryce (OH) Traficant Mr. SERRANO. Mr. Speaker, I de- Barrett (WI) Combest Fowler Lewis (GA) Quinn Turner Bartlett Condit Fox Lewis (KY) Radanovich Upton mand a recorded vote. Barton Conyers Frank (MA) Linder Rahall Velazquez A recorded vote was ordered. Bass Cook Franks (NJ) Lipinski Ramstad Vento The SPEAKER pro tempore. This Bateman Cooksey Frelinghuysen Livingston Rangel Visclosky Becerra Costello Frost LoBiondo Redmond Walsh will be a 5-minute vote. Bentsen Cox Furse Lofgren Regula Wamp The vote was taken by electronic de- Bereuter Coyne Gallegly Lowey Reyes Waters vice, and there were—ayes 366, noes 59, Berman Cramer Ganske Lucas Riggs Watkins not voting 9, as follows: Berry Crane Gejdenson Luther Riley Watt (NC) Bilbray Crapo Gekas Maloney (CT) Rivers Watts (OK) [Roll No. 197] Bilirakis Cubin Gephardt Maloney (NY) Rodriguez Waxman AYES—366 Bishop Cummings Gibbons Manton Roemer Weldon (FL) Blagojevich Cunningham Gilchrest Manzullo Rogan Weldon (PA) Ackerman Blunt Chenoweth Bliley Danner Gillmor Markey Rogers Weller Aderholt Boehlert Christensen Blumenauer Davis (FL) Gilman Martinez Rohrabacher Wexler Allen Boehner Clement Blunt Davis (IL) Gonzalez Mascara Ros-Lehtinen Weygand Andrews Bonilla Clyburn Boehlert Davis (VA) Goode Matsui Rothman White Archer Bonior Coble Boehner Deal Goodlatte McCarthy (MO) Roukema Whitfield Armey Bono Coburn Bonilla DeFazio Goodling McCarthy (NY) Roybal-Allard Wicker Bachus Borski Collins Bonior DeGette Gordon McCollum Royce Wise Baesler Boswell Combest Bono Delahunt Goss McCrery Rush Wolf Baker Boucher Condit Borski DeLauro Graham McDade Ryun Woolsey Baldacci Boyd Cook Boswell DeLay Granger McDermott Sabo Wynn Ballenger Brady Cooksey Boucher Dellums Green McGovern Salmon Yates Barcia Brown (FL) Costello Boyd Deutsch Greenwood McHale Sanchez Young (AK) Barr Brown (OH) Cox Brady Diaz-Balart Gutierrez McHugh Sanders Young (FL) Barrett (NE) Bryant Cramer Brown (CA) Dickey Gutknecht McInnis Sandlin Barrett (WI) Bunning Crane Brown (FL) Dicks Hall (OH) Bartlett Burr Crapo Brown (OH) Dingell Hall (TX) NOT VOTING—11 Barton Burton Cubin Bryant Dixon Hamilton Bass Buyer Cummings Armey Forbes Pelosi Bunning Doggett Hansen Bateman Callahan Cunningham Dunn Metcalf Schiff Burr Dooley Harman Bentsen Calvert Danner Farr Molinari Skaggs Burton Doolittle Hastert Bereuter Camp Davis (FL) Flake Mollohan Buyer Doyle Hastings (FL) Berman Campbell Davis (VA) Callahan Dreier Hastings (WA) Berry Canady Deal Calvert Duncan Hayworth b 1621 Bilbray Cannon DeLauro Camp Edwards Hefley Bilirakis Capps DeLay Campbell Ehlers Hefner So the amendment was agreed to. Bishop Cardin Deutsch Canady Ehrlich Herger Blagojevich Carson Diaz-Balart Cannon Emerson Hill The result of the vote was announced Bliley Chabot Dickey Capps Engel Hilleary as above recorded. Blumenauer Chambliss Dicks June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3703 Dingell King (NY) Ramstad DeFazio Kleczka Rush The SPEAKER pro tempore. The Dixon Kingston Redmond DeGette Kucinich Sabo Doggett Klink Regula Delahunt Lewis (GA) Sanders question is on the amendment offered Doolittle Klug Reyes Dellums Lucas Serrano by the gentleman from Pennsylvania Doyle Knollenberg Riggs Dooley McGovern Skaggs [Mr. FOX]. Dreier Kolbe Riley Ehlers McHale Smith (MI) The question was taken; and the Duncan LaFalce Rivers Fattah McKinney Snyder Dunn LaHood Rodriguez Foglietta Meek Stokes Speaker pro tempore announced that Edwards Lampson Roemer Furse Minge Tierney the ayes appeared to have it. Rogan Hilliard Mink Velazquez Ehrlich Lantos RECORDED VOTE Engel Largent Rogers Hinchey Moakley Visclosky English Latham Rohrabacher Holden Murtha Waters Mr. SERRANO. Mr. Speaker, I de- Ensign LaTourette Ros-Lehtinen Jackson (IL) Nadler Watkins mand a recorded vote. Eshoo Lazio Rothman Jefferson Nethercutt Watt (NC) A recorded vote was ordered. Etheridge Leach Roukema Johnson, E. B. Payne Waxman Evans Levin Royce Kanjorski Rangel Young (AK) The SPEAKER pro tempore. This is a Everett Lewis (CA) Ryun Kilpatrick Roybal-Allard 5-minute vote. Salmon Ewing Lewis (KY) NOT VOTING—9 The vote was taken by electronic de- Fawell Linder Sanchez vice, and there were—ayes 417, noes 10, Fazio Lipinski Sandlin Emerson Forbes Molinari Filner Livingston Sanford Farr Hunter Mollohan not voting 7, as follows: Foley LoBiondo Sawyer Flake Meehan Schiff [Roll No. 198] Ford Lofgren Saxton Fowler Lowey Scarborough b 1629 AYES—417 Fox Luther Schaefer, Dan Mr. MOAKLEY changed his vote Abercrombie Cox Gutknecht Frank (MA) Maloney (CT) Schaffer, Bob Ackerman Coyne Hall (OH) Franks (NJ) Maloney (NY) Schumer from ‘‘aye’’ to ‘‘no.’’ Aderholt Cramer Hall (TX) Frelinghuysen Manton Scott So the amendment, as amended, was Allen Crane Hamilton Frost Manzullo Sensenbrenner agreed to. Andrews Crapo Hansen Gallegly Markey Sessions The result of the vote was announced Archer Cubin Harman Ganske Martinez Shadegg Armey Cummings Hastert Gejdenson Mascara Shaw as above recorded. Bachus Cunningham Hastings (FL) Gekas Matsui Shays b 1630 Baesler Davis (FL) Hastings (WA) Gephardt McCarthy (MO) Sherman Baker Davis (IL) Hayworth Gibbons McCarthy (NY) Shimkus The SPEAKER pro tempore (Mr. Baldacci Davis (VA) Hefner Shuster Gilchrest McCollum GOODLATTE). The Clerk will designate Ballenger Deal Herger Gillmor McCrery Sisisky Barcia DeFazio Hill Gilman McDade Skeen the next amendment on which a sepa- Barr DeGette Hilleary Gonzalez McDermott Skelton rate vote has been demanded. Barrett (NE) Delahunt Hilliard Goode McHugh Slaughter The text of the amendment is as fol- Barrett (WI) DeLauro Hinchey Goodlatte McInnis Smith (NJ) lows: Bartlett DeLay Hinojosa Goodling McIntosh Smith (OR) Barton Dellums Hobson Gordon McIntyre Smith (TX) Amendment offered by Mr. FOX of Penn- Bass Deutsch Hoekstra Goss McKeon Smith, Adam sylvania: Bateman Diaz-Balart Holden Graham McNulty Smith, Linda At the end of the bill, add the following: Becerra Dickey Hooley Granger Menendez Snowbarger SEC. . DESIGNATION OF ROMANIA AS ELIGI- Bentsen Dicks Horn Solomon Green Metcalf BLE FOR ASSISTANCE UNDER NATO PARTICIPA- Bereuter Dingell Hostettler Greenwood Mica Souder Berman Dixon Houghton TION ACT OF 1994.— Gutierrez Millender- Spence Berry Doggett Hoyer (1) SENSE OF THE CONGRESS.—It is the sense Gutknecht McDonald Spratt Bilbray Dooley Hulshof Hall (OH) Miller (CA) Stabenow of the Congress that— Bilirakis Doolittle Hunter Hall (TX) Miller (FL) Stark (A) Romania has made tremendous Bishop Doyle Hutchinson Hamilton Moran (KS) Stearns progress toward meeting the criteria for ac- Blagojevich Dreier Hyde Hansen Moran (VA) Stenholm cession into the North Atlantic Treaty Orga- Bliley Dunn Inglis Harman Morella Strickland nization (NATO) by establishing a mature Blumenauer Edwards Istook Hastert Myrick Stump and functioning democracy, a free market Blunt Ehlers Jackson (IL) Stupak Hastings (FL) Neal economy, civilian control of the armed Boehlert Ehrlich Jackson-Lee Hastings (WA) Neumann Sununu Boehner Engel (TX) Hayworth Ney Talent forces, respect for the rule of law, respect for Bonilla English Jefferson Hefley Northup Tanner human rights and civil liberties, and by im- Bonior Ensign Jenkins Hefner Norwood Tauscher plementing a strong economic reform; Bono Eshoo John Herger Nussle Tauzin (B) Romania has further exhibited its Borski Etheridge Johnson (CT) Hill Oberstar Taylor (MS) strong commitment to contribute to the sta- Boswell Evans Johnson (WI) Hilleary Obey Taylor (NC) bility, reconciliation, and cooperation Boucher Everett Johnson, E. B. Thomas Hinojosa Olver among the nations of the region by the very Boyd Ewing Johnson, Sam Hobson Ortiz Thompson Brady Fattah Jones Hoekstra Owens Thornberry significant signing of the basic political bi- Brown (CA) Fawell Kanjorski Hooley Oxley Thune lateral Treaty with Hungary and recent ini- Brown (FL) Fazio Kaptur Horn Packard Thurman tialing of a similar document with Ukraine; Brown (OH) Filner Kasich Hostettler Pallone Tiahrt (C) Romania has already demonstrated its Bryant Foglietta Kelly Houghton Pappas Torres willingness and ability to contribute as a fu- Bunning Foley Kennedy (MA) Hoyer Parker Towns ture NATO ally to strengthening the mili- Burr Ford Kennedy (RI) Traficant Hulshof Pascrell tary capabilities and strategic cohesiveness Burton Fowler Kennelly Hutchinson Pastor Turner Buyer Fox Kildee Hyde Paul Upton of the Alliance by joining, first among Callahan Frank (MA) Kilpatrick Inglis Paxon Vento Central and Eastern European countries, the Calvert Franks (NJ) Kim Istook Pease Walsh Partnership for Peace Program and by ac- Camp Frelinghuysen Kind (WI) Jackson-Lee Pelosi Wamp tively participating alongside NATO allies in Campbell Frost King (NY) (TX) Peterson (MN) Watts (OK) Bosnia, Angola, Somalia, and Albania; Canady Furse Kingston Jenkins Peterson (PA) Weldon (FL) (D) due to its size, geo-strategic location, Cannon Gallegly Kleczka John Petri Weldon (PA) economic and military potential, and huge Capps Ganske Klink Weller Johnson (CT) Pickering popular support for NATO integration, Ro- Cardin Gejdenson Klug Johnson (WI) Pickett Wexler Carson Gekas Knollenberg Johnson, Sam Pitts Weygand mania is of immense and key strategic im- Castle Gephardt Kolbe Jones Pombo White portance to European stability; and Chabot Gibbons Kucinich Kaptur Pomeroy Whitfield (E) Romania qualifies under section 203 of Chambliss Gilchrest LaFalce Kasich Porter Wicker the NATO Participation Act of 1994 to re- Chenoweth Gillmor LaHood Kelly Portman Wise ceive assistance in making the transition to Christensen Gilman Lampson Kennedy (MA) Poshard Wolf a full NATO membership and should be in- Clay Gonzalez Lantos Woolsey Kennedy (RI) Price (NC) vited to start accession negotiations at the Clayton Goode Largent Kennelly Pryce (OH) Wynn Clement Goodlatte Latham Kildee Quinn Yates earliest stage. Clyburn Goodling LaTourette Kim Radanovich Young (FL) (2) DESIGNATION.—Not later than 180 days Coble Gordon Lazio Kind (WI) Rahall after the date of the enactment of this Act, Coburn Goss Leach the President shall, pursuant to section Collins Graham Levin NOES—59 203(d)(2) of the NATO Participation Act of Combest Granger Lewis (CA) Cook Green Lewis (GA) Abercrombie Castle Conyers 1994, designate Romania as eligible to re- Cooksey Greenwood Lewis (KY) Becerra Clay Coyne ceive assistance under the program estab- Costello Gutierrez Linder Brown (CA) Clayton Davis (IL) lished under section 203(a) of such Act. H3704 CONGRESSIONAL RECORD — HOUSE June 11, 1997 Lipinski Pascrell Skelton DIVISION C—MISCELLANEOUS Hastings (WA) McGovern Salmon Livingston Pastor Slaughter PROVISIONS Hayworth McHale Sanchez LoBiondo Paxon Smith (MI) Hefley McHugh Sanders Lofgren Payne Smith (NJ) SEC. 2001. PROHIBITION ON FOREIGN ASSIST- Hefner McInnis Sandlin Lowey Pease Smith (OR) ANCE TO ANY COUNTRY THAT AS- Herger McIntosh Sanford Lucas Pelosi Smith (TX) SISTS LIBYA IN CIRCUMVENTING Hill McIntyre Sawyer Luther Peterson (MN) Smith, Adam UNITED NATIONS SANCTIONS. Hilleary McKeon Saxton Maloney (CT) Peterson (PA) Smith, Linda (a) IN GENERAL.—None of the funds made Hilliard McKinney Scarborough Maloney (NY) Petri Snowbarger available in this Act and the amendments Hinchey McNulty Schaefer, Dan Manton Pickering Snyder made by this Act shall be made available for Hinojosa Meehan Schaffer, Bob Manzullo Pickett Solomon Schumer assistance to any government if the Presi- Hobson Meek Markey Pitts Souder Hoekstra Menendez Scott Martinez Pombo Spence dent determines that such country has as- Holden Metcalf Sensenbrenner Mascara Pomeroy Spratt sisted the Government of Libya in violating Hooley Mica Serrano Matsui Porter Stabenow sanctions imposed by United Nations Secu- Horn Millender- Sessions McCarthy (MO) Portman Stark rity Council Resolution 748 (1992). Hostettler McDonald Shadegg McCarthy (NY) Poshard Stearns (b) EXCEPTION.—This section shall not Houghton Miller (CA) Shaw McCollum Price (NC) Stenholm apply if the President determines that mak- Hoyer Miller (FL) Shays McCrery Pryce (OH) Stokes Hulshof Minge Sherman McDade Quinn Strickland ing such funds available is important to the Hunter Mink Shimkus McDermott Rahall Stump national security interest of the United Hutchinson Moakley Shuster McGovern Ramstad Stupak States. Hyde Mollohan Sisisky McHale Rangel Sununu Inglis Moran (KS) Skaggs McHugh Redmond Talent The SPEAKER pro tempore. The Istook Moran (VA) Skeen McInnis Regula Tanner question is on the amendment offered Jackson (IL) Morella Skelton McIntosh Reyes Tauscher by the gentleman from Ohio [Mr. NEY]. Jackson-Lee Murtha Slaughter McIntyre Riggs Tauzin The question was taken; and the (TX) Myrick Smith (MI) McKeon Riley Taylor (MS) Jefferson Nadler Smith (NJ) McKinney Rivers Taylor (NC) Speaker pro tempore announced that Jenkins Neal Smith (OR) McNulty Rodriguez Thomas the ayes appeared to have it. John Nethercutt Smith (TX) Meehan Roemer Thompson Johnson (CT) Neumann Smith, Adam RECORDED VOTE Meek Rogan Thornberry Johnson (WI) Ney Smith, Linda Menendez Rogers Thune Mr. SERRANO. Mr. Speaker, I de- Johnson, E. B. Northup Snowbarger Metcalf Rohrabacher Thurman mand a recorded vote. Johnson, Sam Norwood Snyder Mica Ros-Lehtinen Tiahrt Jones Nussle Solomon Millender- Rothman Tierney A recorded vote was ordered. Kanjorski Oberstar Souder McDonald Roukema Torres The SPEAKER pro tempore. This is a Kaptur Obey Spence Miller (CA) Roybal-Allard Towns 5-minute vote. Kasich Olver Spratt Miller (FL) Royce Traficant Kelly Ortiz Stabenow Minge Rush Turner The vote was taken by electronic de- Kennedy (MA) Owens Stark Mink Ryun Upton vice, and there were—ayes 427, noes 0, Kennedy (RI) Oxley Stearns Moakley Salmon Velazquez not voting 7, as follows: Kennelly Packard Stenholm Mollohan Sanchez Vento Kildee Pallone Stokes Moran (KS) Sanders Visclosky [Roll No. 199] Kilpatrick Pappas Strickland Moran (VA) Sandlin Walsh AYES—427 Kim Parker Stump Morella Sanford Wamp Kind (WI) Pascrell Stupak Murtha Sawyer Waters Abercrombie Cannon Edwards King (NY) Pastor Sununu Myrick Saxton Watkins Ackerman Capps Ehlers Kingston Paul Talent Nadler Scarborough Watts (OK) Aderholt Cardin Ehrlich Kleczka Paxon Tanner Neal Schaefer, Dan Waxman Allen Carson Emerson Klink Payne Tauscher Nethercutt Schaffer, Bob Weldon (FL) Andrews Castle Engel Klug Pease Tauzin Neumann Schumer Weldon (PA) Archer Chabot English Knollenberg Pelosi Taylor (MS) Ney Scott Weller Armey Chambliss Ensign Kolbe Peterson (MN) Taylor (NC) Northup Sensenbrenner Wexler Bachus Chenoweth Eshoo Kucinich Peterson (PA) Thomas Norwood Serrano Weygand Baesler Christensen Etheridge LaFalce Petri Thompson Nussle Sessions White Baker Clay Evans LaHood Pickering Thornberry Oberstar Shadegg Whitfield Baldacci Clayton Everett Lampson Pickett Thune Olver Shaw Wicker Ballenger Clement Ewing Lantos Pitts Thurman Ortiz Shays Wise Barcia Clyburn Fattah Largent Pombo Tiahrt Owens Sherman Wolf Barr Coble Fawell Latham Pomeroy Tierney Oxley Shimkus Woolsey Barrett (NE) Coburn Fazio LaTourette Porter Torres Packard Shuster Wynn Barrett (WI) Collins Filner Lazio Portman Towns Pallone Sisisky Young (AK) Bartlett Combest Foglietta Leach Poshard Traficant Pappas Skaggs Young (FL) Barton Condit Foley Levin Price (NC) Turner Parker Skeen Bass Conyers Ford Lewis (CA) Pryce (OH) Upton Bateman Cook Fowler Lewis (GA) Quinn Velazquez NOES—10 Becerra Cooksey Fox Lewis (KY) Radanovich Vento Bentsen Costello Frank (MA) Linder Rahall Visclosky Condit Hefley Watt (NC) Bereuter Cox Franks (NJ) Lipinski Ramstad Walsh Conyers Obey Yates Berman Coyne Frelinghuysen Livingston Rangel Wamp Danner Paul Berry Cramer Frost LoBiondo Redmond Watkins Duncan Sabo Bilbray Crane Furse Lofgren Regula Watt (NC) Bilirakis Crapo Gallegly Lowey Reyes Watts (OK) NOT VOTING—7 Bishop Cubin Ganske Lucas Riggs Waxman Blagojevich Cummings Gejdenson Emerson Forbes Schiff Luther Riley Weldon (FL) Bliley Cunningham Gekas Farr Molinari Maloney (CT) Rivers Weldon (PA) Blumenauer Danner Gephardt Flake Radanovich Maloney (NY) Rodriguez Weller Blunt Davis (FL) Gibbons Manton Roemer Wexler Boehlert Davis (IL) Gilchrest Manzullo Rogan Weygand b 1639 Boehner Davis (VA) Gillmor Markey Rogers White Bonilla Deal Gilman Martinez Rohrabacher Whitfield So the amendment was agreed to. Bono DeFazio Gonzalez Mascara Ros-Lehtinen Wicker Borski DeGette Goode Matsui Rothman Wise The result of the vote was announced Boswell Delahunt Goodlatte McCarthy (MO) Roukema Wolf as above recorded. Boucher DeLauro Goodling McCarthy (NY) Roybal-Allard Woolsey Boyd DeLay Gordon McCollum Royce Wynn The SPEAKER pro tempore. The Brady Dellums Goss McCrery Rush Yates Clerk will designate the next amend- Brown (CA) Deutsch Graham McDade Ryun Young (AK) Brown (FL) Diaz-Balart Granger McDermott Sabo Young (FL) ment on which a separate vote has Brown (OH) Dickey Green been demanded. Bryant Dicks Greenwood NOT VOTING—7 Bunning Dingell Gutierrez The text of the amendment is as fol- Burr Dixon Gutknecht Bonior Forbes Waters lows: Burton Doggett Hall (OH) Farr Molinari Buyer Dooley Hall (TX) Flake Schiff Amendment offered by Mr. NEY: Callahan Doolittle Hamilton Calvert Doyle Hansen At the end of the bill add the following Camp Dreier Harman b 1648 (and conform the table of contents accord- Campbell Duncan Hastert ingly): Canady Dunn Hastings (FL) So the amendment was agreed to. June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3705 The result of the vote was announced Lipinski Pelosi Smith (TX) Watt (NC) Wexler Wise Livingston Peterson (PA) Smith, Linda Waxman Weygand Woolsey as above recorded. LoBiondo Petri Snowbarger Weldon (PA) White Yates The SPEAKER pro tempore (Mr. Lucas Pickering Solomon NOT VOTING—6 GOODLATTE). The Clerk will designate Luther Pitts Souder the next amendment on which a sepa- Manzullo Pombo Spence Farr Forbes Molinari Markey Portman Spratt Flake Lazio Schiff rate vote has been demanded. Mascara Poshard Stearns The text of the amendment is as fol- McCollum Pryce (OH) Stenholm b 1658 lows: McCrery Quinn Stump Mrs. CLAYTON, Mr. PETERSON of McHale Radanovich Sununu Amendment offered by Mr. ROHRABACHER: McHugh Ramstad Talent Minnesota, and Mr. PALLONE changed At the end of the bill add the following McInnis Redmond Tanner their vote from ‘‘aye’’ to ‘‘no.’’ (and conform the table of contents accord- McIntosh Riggs Tauzin Mr. NEAL of Massachusetts changed ingly): McIntyre Riley Taylor (MS) McKeon Rivers Thomas his vote from ‘‘no’’ to ‘‘aye.’’ DIVISION C—MISCELLANEOUS McKinney Rogan Thornberry So the amendment was agreed to. PROVISIONS Meehan Rogers Thune The result of the vote was announced Thurman SEC. 2001. ASSISTANCE FOR THE RUSSIAN FED- Metcalf Rohrabacher Tiahrt as above recorded. ERATION. Mica Ros-Lehtinen Miller (CA) Royce Tierney b 1700 None of the funds made available to carry Miller (FL) Ryun Traficant out chapter 11 of part I of the Foreign Assist- Moran (KS) Salmon Turner The SPEAKER pro tempore (Mr. ance Act of 1961 (22 U.S.C. 2295 et seq.) for fis- Myrick Sanders Upton GOODLATTE). The Clerk will report the cal years, 1998 and 1999 may be made avail- Neal Sanford Walsh last amendment on which a separate Nethercutt Saxton Wamp able for the Russian Federation if the Rus- vote has been demanded. sian Federation, on or after the date of the Neumann Scarborough Watkins Watts (OK) enactment of this Act, transfers an SS–N–22 Ney Schaefer, Dan The Clerk read as follows: Northup Schaffer, Bob Weldon (FL) Amendment offered by Mr. PAXON: missile system to the People’s Republic of Norwood Sensenbrenner Weller China. Nussle Sessions Whitfield At the end of the bill add the following (and conform the table of contents accord- The SPEAKER pro tempore. The Oxley Shadegg Wicker Packard Shaw Wolf ingly): question is on the amendment offered Pappas Shimkus Wynn TITLE XVIII—OTHER FOREIGN POLICY by the gentleman from California [Mr. Parker Shuster Young (AK) PROVISIONS ROHRABACHER]. Paul Skeen Young (FL) Paxon Skelton SEC. 1801. CONDEMNATION OF PALESTINIAN The question was taken; and the Pease Smith (OR) DEATH PENALTY FOR LAND SALES. Speaker pro tempore announced that (a) FINDINGS.—The Congress finds the fol- the ayes appeared to have it. NOES—184 lowing: RECORDED VOTE Ackerman Gekas Mollohan (1) In recent weeks, senior officials of the Mr. SERRANO. Mr. Speaker, I de- Allen Gephardt Moran (VA) Palestinian Authority have announced that Andrews Gilman Morella the death penalty will be imposed on anyone mand a recorded vote. Baesler Gonzalez Murtha who sells land to a Jew, based on a now-re- A recorded vote was ordered. Baldacci Goss Nadler pealed Jordanian law, even in Israel. The SPEAKER pro tempore. This Bass Hall (OH) Oberstar (2) Palestinian Authority Chairman Yasser Becerra Hamilton Obey will be a 5-minute vote. Bentsen Harman Olver Arafat stated on May 21, 1997, ‘‘Our law is a The vote was taken by electronic de- Bereuter Hastings (FL) Ortiz Jordanian law that we inherited . . . and sets vice, and there were—ayes 244, noes 184, Berman Hefner Owens the death penalty for those who sell land to not voting 6, as follows: Berry Hilliard Pallone Israelis. . . . We are talking about a few Bilirakis Hinojosa Pascrell traitors, and we shall implement against [Roll No. 200] Bishop Hooley Pastor them what is written in the law books.’’. Blagojevich Horn Payne (3) Palestinian Authority Justice Minister AYES—244 Bliley Hoyer Peterson (MN) Abercrombie Cook Green Blumenauer Jackson (IL) Pickett Freih Abu Middein stated on May 5, 1997, ‘‘I Aderholt Cooksey Greenwood Boehlert Jackson-Lee Pomeroy warned the land dealers several times Archer Costello Gutierrez Bonior (TX) Porter through the media not to play with fire. For Armey Cox Gutknecht Borski John Price (NC) us, whoever sells land to Jews and settlers is Bachus Cramer Hall (TX) Boswell Johnson (WI) Rahall more dangerous than collaborators. There- Baker Crane Hansen Boucher Johnson, E.B. Rangel fore, they must be put on trial and sentenced Ballenger Crapo Hastert Brown (CA) Kanjorski Regula to death . . . They are traitors.’’. Barcia Cubin Hastings (WA) Brown (FL) Kennedy (MA) Reyes Barr Cunningham Hayworth Brown (OH) Kennedy (RI) Rodriguez (4) Palestinian Authority Justice Minister Barrett (NE) Danner Hefley Capps Kennelly Roemer Freih Abu Middein stated on May 28, 1997, ‘‘it Barrett (WI) Davis (VA) Herger Carson Kilpatrick Rothman is obligatory to forbid the sale of land in Bartlett Deal Hill Clay Kind (WI) Roukema Ramle, Lod, the Negev, and everywhere Barton DeFazio Hilleary Clayton King (NY) Roybal-Allard else. . . . There are many [land dealers] who Bateman DeLay Hinchey Clyburn Klink Rush have fled from Palestine, but anyone who Bilbray Diaz-Balart Hobson Conyers Knollenberg Sabo has broken this serious law, will remain a Blunt Dickey Hoekstra Coyne Kolbe Sanchez Boehner Doggett Holden Cummings Kucinich Sandlin wanted fugitive by the Palestinian people, Bonilla Doolittle Hostettler Davis (FL) LaFalce Sawyer wherever he may go.’’. Bono Dreier Houghton Davis (IL) LaHood Schumer (5) Legislation implementing the death Boyd Duncan Hulshof DeGette Lampson Scott penalty was prepared for consideration by Brady Dunn Hunter Delahunt Lantos Serrano the Palestinian Legislative Council, but has Bryant Ehlers Hutchinson DeLauro Levin Shays not yet been considered. Bunning Emerson Hyde Dellums Lewis (CA) Sherman (6) Since the pronouncement of senior Pal- Burr English Inglis Deutsch Lewis (GA) Sisisky Burton Ensign Istook Dicks Lofgren Skaggs estinian leaders, at least three Palestinians Buyer Everett Jefferson Dingell Lowey Slaughter have been killed for selling land to Israelis, Callahan Ewing Jenkins Dixon Maloney (CT) Smith (MI) some after visits or other scrutiny by Pal- Calvert Fattah Johnson (CT) Dooley Maloney (NY) Smith (NJ) estinian security officials. There is further Camp Fawell Johnson, Sam Doyle Manton Smith, Adam evidence that the killings were committed Campbell Foley Jones Edwards Martinez Snyder by Palestinian security officials. Canady Fowler Kaptur Ehrlich Matsui Stabenow (7) Three Palestinians were extrajudicially Cannon Fox Kasich Engel McCarthy (MO) Stark Cardin Franks (NJ) Kelly Eshoo McCarthy (NY) Stokes executed following their sale of land to Is- Castle Gallegly Kildee Etheridge McDade Strickland raelis. Chabot Ganske Kim Evans McDermott Stupak (8) The International Covenant on Civil Chambliss Gibbons Kingston Fazio McGovern Tauscher and Political Rights, to which the United Chenoweth Gilchrest Kleczka Filner McNulty Taylor (NC) States is a party, states, ‘‘sentence of death Christensen Gillmor Klug Foglietta Meek Thompson may be imposed only for the most serious Clement Goode Largent Ford Menendez Torres crimes in accordance with the law in force at Coble Goodlatte Latham Frank (MA) Millender- Towns Coburn Goodling LaTourette Frelinghuysen McDonald Vela´ zquez the time of commission of the crime. . . . Collins Gordon Leach Frost Minge Vento This penalty can only be carried out pursu- Combest Graham Lewis (KY) Furse Mink Visclosky ant to a final judgment rendered by a com- Condit Granger Linder Gejdenson Moakley Waters petent court.’’. H3706 CONGRESSIONAL RECORD — HOUSE June 11, 1997 (9) The United States has made a financial Bentsen Fattah Lantos Redmond Sherman Thornberry commitment to the Palestinian Authority Bereuter Fawell Largent Regula Shimkus Thune with the understanding that the rule of law Berman Fazio Latham Reyes Shuster Thurman Riggs Sisisky Tiahrt would prevail, that there would be no official Berry Filner LaTourette Bilbray Foglietta Lazio Riley Skaggs Tierney sanction to extrajudicial killings or viola- Bilirakis Foley Leach Rivers Skeen Torres tions of human rights, and that basic prin- Bishop Ford Levin Rodriguez Skelton Towns ciples of peaceful and normal relations would Blagojevich Fowler Lewis (CA) Roemer Slaughter Traficant be upheld. Bliley Fox Lewis (GA) Rogan Smith (MI) Turner (10) Despite claims to the contrary, there Blumenauer Frank (MA) Lewis (KY) Rogers Smith (NJ) Upton is no law in Israel forbidding the sale of land Blunt Franks (NJ) Linder Rohrabacher Smith (OR) Velazquez Ros-Lehtinen Smith (TX) Vento to Arabs or people of other ethnicities or na- Boehlert Frelinghuysen Lipinski Boehner Frost Livingston Rothman Smith, Adam Visclosky tionalities. Bonilla Furse LoBiondo Roukema Smith, Linda Walsh (b) DECLARATIONS OF POLICY.—The Con- Bono Gallegly Lofgren Roybal-Allard Snowbarger Wamp gress declares the following: Borski Ganske Lowey Royce Snyder Waters (1) The Congress condemns in the strongest Boswell Gejdenson Lucas Rush Solomon Watkins possible terms the abhorrent policy and Boucher Gekas Luther Ryun Souder Watt (NC) Boyd Gephardt Maloney (CT) Sabo Spence Watts (OK) practice of murdering Palestinians for sales Salmon Spratt Waxman of land to Jews. Such actions are violations Brady Gibbons Maloney (NY) Brown (CA) Gilchrest Manton Sanchez Stabenow Weldon (FL) of international law and the spirit of the Brown (FL) Gillmor Manzullo Sanders Stark Weldon (PA) Oslo agreements, casting strong doubt as to Brown (OH) Gilman Markey Sandlin Stearns Weller whether the Palestinians are in compliance Bryant Gonzalez Martinez Sanford Stenholm Wexler with their commitments to Israel. The Con- Bunning Goode Mascara Sawyer Stokes Weygand gress finds the endorsement and encourage- Burr Goodlatte Matsui Saxton Strickland White Scarborough Stump Whitfield ment of this practice by the most senior Burton Goodling McCarthy (MO) Buyer Gordon McCarthy (NY) Schaefer, Dan Stupak Wicker leadership of the Palestinian Authority to be Schaffer, Bob Sununu Wise reprehensible. Callahan Goss McCollum Calvert Graham McCrery Schumer Talent Wolf (2) The Congress demands that this prac- Camp Granger McDade Scott Tanner Woolsey Sensenbrenner Tauscher Wynn tice of murder and racism be condemned and Campbell Green McDermott Serrano Tauzin Yates renounced by the Palestinian leadership and Canady Greenwood McGovern Sessions Taylor (MS) Young (AK) that it will end immediately. If it does not, Cannon Gutierrez McHale Shadegg Taylor (NC) Young (FL) Capps Gutknecht McHugh the Congress should not permit the provision Shaw Thomas Cardin Hall (OH) McInnis of direct aid to the Palestinian Authority Shays Thompson when the Middle East Peace Facilitation Act Carson Hall (TX) McIntyre Castle Hamilton McKeon of 1995 is considered for reauthorization. The ANSWERED ‘‘PRESENT’’—3 Chabot Hansen McKinney Congress urges the President to take this Chambliss Harman McNulty Bonior Paul Rahall practice fully into account as he now deter- Chenoweth Hastert Meehan NOT VOTING—6 mines whether the Palestinian Authority is Christensen Hastings (FL) Meek in compliance with its commitments to Is- Clay Hastings (WA) Menendez Farr Forbes Molinari rael, which he must do in accordance with Clayton Hayworth Metcalf Flake McIntosh Schiff the Middle East Peace Facilitation Act of Clement Hefley Mica 1995. Clyburn Hefner Millender- b 1706 Coble Herger McDonald (3) The Congress strongly urges the Pal- Coburn Hill Miller (CA) Mr. THUNE changed his vote from estinian Legislative Council to reject cat- Collins Hilleary Miller (FL) ‘‘no’’ to ‘‘aye.’’ egorically legislation imposing the penalty Combest Hilliard Minge So the amendment was agreed to. of death on those who sell land to Israelis. Condit Hinchey Mink The result of the vote was announced (c) TRANSMISSION OF COPIES.—The Clerk of Conyers Hinojosa Moakley the House of Representatives and the Sec- Cook Hobson Mollohan as above recorded. retary of the Senate are directed to transmit Cooksey Hoekstra Moran (KS) The SPEAKER pro tempore. The Costello Holden Moran (VA) question is on the engrossment and copies of this section to the President of the Cox Hooley Morella United States, the Secretary of State, the Coyne Horn Murtha third reading of the bill. United Nations Secretary General, the Unit- Cramer Hostettler Myrick The bill was ordered to be engrossed ed States Ambassador to Israel, the Consul Crane Houghton Nadler and read a third time, was read the General of the United States in Jerusalem, Crapo Hoyer Neal Cubin Hulshof Nethercutt third time, and passed, and a motion to Israel, the Rais of the Palestinian Authority, reconsider was laid on the table. all members of Palestinian Legislative Coun- Cummings Hunter Neumann Cunningham Hutchinson Ney cil, and the office of the Palestine Liberation Danner Hyde Northup f Organization in Washington, District of Co- Davis (FL) Inglis Norwood lumbia. Davis (IL) Istook Nussle WAIVING REQUIREMENT OF The SPEAKER pro tempore. The Davis (VA) Jackson (IL) Oberstar Deal Jackson-Lee Obey CLAUSE 4(b) OF RULE XI WITH question is on the amendment offered DeFazio (TX) Olver RESPECT TO SAME DAY CONSID- by the gentleman from New York [Mr. DeGette Jefferson Ortiz ERATION OF CERTAIN RESOLU- PAXON]. Delahunt Jenkins Owens DeLauro John Oxley TIONS The question was taken; and the DeLay Johnson (CT) Packard Mr. GOSS, from the Committee on Speaker pro tempore announced that Dellums Johnson (WI) Pallone Rules, submitted a privileged report the ayes appeared to have it. Deutsch Johnson, E. B. Pappas Diaz-Balart Johnson, Sam Parker (Rept. No. 105–128) on the resolution (H. RECORDED VOTE Dickey Jones Pascrell Res. 165) waiving a requirement of Mr. SERRANO. Mr. Speaker, I de- Dicks Kanjorski Pastor clause 4(b) of rule XI with respect to mand a recorded vote. Dingell Kaptur Paxon Dixon Kasich Payne consideration of certain resolutions re- A recorded vote was ordered. Doggett Kelly Pease ported from the Committee on Rules, The SPEAKER pro tempore. This is a Dooley Kennedy (MA) Pelosi which was referred to the House Cal- 5-minute vote. Doolittle Kennedy (RI) Peterson (MN) Doyle Kennelly Peterson (PA) endar and ordered to be printed. The vote was taken by electronic de- Dreier Kildee Petri vice, and there were—ayes 425, noes 0, Duncan Kilpatrick Pickering f answered ‘‘present’’ 3, not voting 6, as Dunn Kim Pickett Edwards Kind (WI) Pitts EUROPEAN SECURITY ACT OF 1997 follows: Ehlers King (NY) Pombo [Roll No. 201] Ehrlich Kingston Pomeroy Mr. GILMAN. Mr. Speaker, pursuant Emerson Kleczka Porter to House Resolution 159, I call up the AYES—425 Engel Klink Portman Abercrombie Bachus Barrett (NE) English Klug Poshard bill (H.R. 1758) to ensure that the en- Ackerman Baesler Barrett (WI) Ensign Knollenberg Price (NC) largement of the North Atlantic Trea- Aderholt Baker Bartlett Eshoo Kolbe Pryce (OH) ty Organization [NATO] proceeds in a Allen Baldacci Barton Etheridge Kucinich Quinn manner consistent with United States Andrews Ballenger Bass Evans LaFalce Radanovich Archer Barcia Bateman Everett LaHood Ramstad interests, to strengthen relations be- Armey Barr Becerra Ewing Lampson Rangel tween the United States and Russia, to June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3707 preserve the prerogatives of the Con- such states and in strict accordance with (c) REGIONAL AIRSPACE INITIATIVE AND gress with respect to certain arms con- international law; and PARTNERSHIP FOR PEACE INFORMATION MAN- trol agreements, and for other pur- (iii) to take steps to reduce nuclear and AGEMENT SYSTEM.— (1) IN GENERAL.—Funds described in para- poses, and ask for its immediate con- conventional forces in Kaliningrad. (D) As negotiations on adaptation of the graph (2) are authorized to be made available sideration. Conventional Armed Forces in Europe (CFE) to support the implementation of the Re- The Clerk read the title of the bill. Treaty proceed, the United States should en- gional Airspace Initiative and the Partner- The text of H.R. 1758 is as follows: gage in close and continuous consultations ship for Peace Information Management Sys- H.R. 1758 not only with its NATO allies, but also with tem, including— Be it enacted by the Senate and House of Rep- the emerging democracies of Central and (A) the procurement of items in support of resentatives of the United States of America in Eastern Europe, Ukraine, and the newly these programs; and Congress assembled, independent states of the Caucasus region. (B) the transfer of such items to countries SECTION 1. SHORT TITLE. (3) POLICY WITH RESPECT TO BALLISTIC MIS- participating in these programs. This Act may be cited as the ‘‘European SILE DEFENSE COOPERATION WITH RUSSIA.—(A) (2) FUNDS DESCRIBED.—Funds described in Security Act of 1997’’. As the United States proceeds with efforts to this paragraph are funds that are available— (A) during any fiscal year under the NATO SEC. 2. STATEMENTS OF POLICY. develop defenses against ballistic missile at- Participation Act of 1994 with respect to The Congress declares the following to be tack, it should seek to foster a climate of co- countries eligible for assistance under that the policy of the United States: operation with Russia on matters related to Act; or (1) POLICY WITH RESPECT TO NATO ENLARGE- missile defense. In particular, the United (B) during fiscal year 1998 under any Act to MENT.—(A) The emerging democracies in States and its NATO allies should seek to co- carry out the Warsaw Initiative. Central and Eastern Europe that will be in- operate with Russia in such areas as early warning and technical aspects of ballistic (d) EXTENSION OF AUTHORITY REGARDING vited to begin accession negotiations with EXCESS DEFENSE ARTICLES.—Section 105 of the North Atlantic Treaty Organization missile defense. (B) Even as the Congress seeks to promote Public Law 104-164 (110 Stat. 1427) is amended (NATO) at the NATO summit in Madrid on by striking ‘‘1996 and 1997’’ and inserting ballistic missile defense cooperation with July 8 and 9, 1997, should not be the last such ‘‘1997, 1998, and 1999’’. Russia, it must insist on its constitutional countries invited to join NATO. (e) CONFORMING AMENDMENTS TO THE NATO prerogatives regarding consideration of arms (B) The United States should seek to en- PARTICIPATION ACT OF 1994.—Section 203(c) of sure that the NATO leaders assembled in Ma- control agreements with Russia that bear on the NATO Participation Act of 1994 is drid agree on a process whereby all other ballistic missile defense. amended— emerging democracies in Central and East- SEC. 3. AUTHORITIES RELATING TO NATO EN- (1) in paragraph (1), by striking ‘‘, without ern Europe that wish to join NATO will be LARGEMENT. regard to the restrictions’’ and all that fol- considered for membership in NATO as soon (a) POLICY OF SECTION.—This section is en- lows and inserting a period; as they meet the criteria for such member- acted in order to implement the policy set (2) by striking paragraph (2); ship. forth in section 2(1). (3) in paragraph (6), by striking ‘‘appro- (2) POLICY WITH RESPECT TO NEGOTIATIONS (b) DESIGNATION OF ADDITIONAL COUNTRIES priated under the ‘Nonproliferation and Dis- WITH RUSSIA.—(A) NATO enlargement should ELIGIBLE FOR NATO ENLARGEMENT ASSIST- armament Fund’ account’’ and inserting be carried out in such a manner as to under- ANCE.— ‘‘made available for the ‘Nonproliferation score the Alliance’s defensive nature and (1) DESIGNATION OF ADDITIONAL COUN- and Disarmament Fund’ ’’; demonstrate to Russia that NATO enlarge- TRIES.—Effective 180 days after the date of (4) in paragraph (8)— ment will enhance the security of all coun- the enactment of this Act, Romania, Esto- (A) by striking ‘‘any restrictions in sec- tries in Europe, including Russia. Accord- nia, Latvia, and Lithuania are each des- tions 516 and 519’’ and inserting ‘‘section ingly, the United States and its NATO Allies ignated as eligible to receive assistance 516(e)’’; should make this intention clear in the nego- under the program established under section (B) by striking ‘‘as amended,’’; and tiations with Russia, including those regard- 203(a) of the NATO Participation Act of 1994 (C) by striking ‘‘paragraphs (1) and (2)’’ and ing adaptation of the Conventional Armed and shall be deemed to have been so des- inserting ‘‘paragraph (1)’’; and Forces in Europe (CFE) Treaty of November ignated pursuant to section 203(d)(1) of such (5) by redesignating paragraphs (3) through 19, 1990. Act, except that any such country shall not (8) as paragraphs (2) through (7), respec- (B) In seeking to demonstrate to Russia be so designated if, prior to such effective tively. NATO’s defensive and security-enhancing in- date, the President certifies to the Commit- SEC. 4. AUTHORITIES RELATING TO THE TREATY tentions, it is essential that neither fun- tee on International Relations of the House ON CONVENTIONAL ARMED FORCES damental United States security interests in of Representatives and the Committee on IN EUROPE. Europe nor the effectiveness and flexibility Foreign Relations of the Senate that the (a) POLICY OF SECTION.—This section is en- of NATO as a defensive alliance be jeopard- country fails to meet the criteria under sec- acted in order to implement the policy set ized. In particular, no commitments should tion 203(d)(3) of the NATO Participation Act forth in section 2(2). be made to Russia that would have the effect of 1994. (b) AUTHORITY TO APPROVE THE CFE FLANK of— (2) RULE OF CONSTRUCTION.—The designa- AGREEMENT.—The President is authorized to (i) extending rights or imposing respon- tion of countries pursuant to paragraph (1) approve on behalf of the United States the sibilities on new NATO members different as eligible to receive assistance under the Document Agreed Among States Parties to from those applicable to current NATO mem- program established under section 203(a) of the Treaty on Conventional Armed Forces in Europe of November 19, 1990, adopted in Vi- bers, including with respect to the deploy- the NATO Participation Act of 1994— enna, Austria on May 31, 1996, concerning the ment of nuclear weapons and the stationing (A) is in addition to the designation of resolution of issues related to the Conven- of troops and equipment from other NATO other countries by law or pursuant to section tional Armed Forces in Europe (CFE) Treaty members; 203(d)(2) of such Act as eligible to receive as- flank zone. (ii) limiting the ability of NATO to defend sistance under the program established (c) SENSE OF CONGRESS WITH RESPECT TO the territory of new NATO members by, for under section 203(a) of such Act; and CFE ADAPTATION.—It is the sense of Con- example, restricting the construction of de- (B) shall not preclude the designation by gress that any revisions to the Treaty on fense infrastructure or limiting the ability of the President of other emerging democracies Conventional Armed Forces in Europe that NATO to deploy necessary reinforcements; in Central and Eastern Europe pursuant to may be agreed in the ongoing CFE adapta- (iii) providing any international organiza- section 203(d)(2) of such Act as eligible to re- tion negotiations can enter into force only if tion, or any country that is not a member of ceive assistance under the program estab- those revisions are specifically approved in a NATO, with authority to review, delay, veto, lished under section 203(a) of such Act. manner described in section 33(b) of the or otherwise impede deliberations and deci- (3) SENSE OF THE CONGRESS.—It is the sense Arms Control and Disarmament Act (22 sions of the North Atlantic Council or the of the Congress that Romania, Estonia, Lat- U.S.C. 2573(b)), and no such approval will be implementation of such decisions, including via, and Lithuania— provided to any revisions to that Treaty that with respect to the deployment of NATO (A) are to be commended for their progress jeopardize fundamental United States secu- forces or the admission of additional mem- toward political and economic reform and rity interests in Europe or the effectiveness bers to NATO; or meeting the guidelines for prospective NATO and flexibility of NATO as a defensive alli- (iv) impeding the development of enhanced members; ance by— relations between NATO and other European (B) would make an outstanding contribu- (1) extending rights or imposing respon- countries that do not belong to the Alliance. tion to furthering the goals of NATO and en- sibilities on new NATO members different (C) In order to enhance security and stabil- hancing stability, freedom, and peace in Eu- from those applicable to current NATO mem- ity in Europe, the United States should seek rope should they become NATO members; bers, including with respect to the deploy- commitments from the Russian Federation— and ment of nuclear weapons and the stationing (i) to demarcate and respect all its borders (C) upon complete satisfaction of all rel- of troops and equipment from other NATO with neighboring states; evant criteria should be invited to become members; (ii) to station its armed forces on the terri- full NATO members at the earliest possible (2) limiting the ability of NATO to defend tory of other states only with the consent of date. the territory of new NATO members by, for H3708 CONGRESSIONAL RECORD — HOUSE June 11, 1997 example, restricting the construction of de- United States, and shall not enter into force enlargement of the NATO alliance and fense infrastructure or limiting the ability of with respect to the United States, unless, our special concern for the security of NATO to deploy necessary reinforcements; after the date of the enactment of this Act, Romania and three Baltic States. (3) providing any international organiza- that agreement is specifically approved in a Furthermore, the legislation charts a tion, or any country that is not a member of manner described in section 33(b) of the NATO, with authority to review, delay, veto, Arms Control and Disarmament Act (22 course that will permit us to enlarge or otherwise impede deliberations and deci- U.S.C. 2573(b)). NATO, as well as to achieve our vital sions of the North Atlantic Council or the (c) SENSE OF CONGRESS WITH RESPECT TO national objectives in the area of bal- implementation of such decisions, including DEMARCATION AGREEMENTS.— listic missile defense without disrupt- with respect to the deployment of NATO (1) OPPOSITION TO MULTILATERALIZATION OF ing relations with Russia. forces or the admission of additional mem- ABM TREATY.—It is the sense of the Congress This bill takes as a starting point the bers to NATO; or that until the United States has taken the fact that NATO will begin the process steps necessary to ensure that the ABM (4) impeding the development of enhanced of enlargement this summer consistent relations between NATO and other European Treaty remains a bilateral treaty between countries that do not belong to the Alliance the United States and the Russian Federa- with the three laws that we have en- by, for example, recognizing spheres of influ- tion (such state being the only successor acted on this subject over each of the ence in Europe. state of the Union of Soviet Socialist Repub- last 3 years. Poland, Hungary, the SEC. 5. BALLISTIC MISSILE DEFENSE COOPERA- lics that has deployed or realistically may Czech Republic, and Slovenia currently TIVE PROJECTS WITH RUSSIA. deploy an anti-ballistic missile defense sys- are the front runners for admission in (a) POLICY OF SECTION.—This section is en- tem) no ABM/TMD demarcation agreement the first round of enlargement. acted in order to implement the policy set will be considered for approval for entry into This bill identifies two problems with force with respect to the United States (any forth in section 2(3)(A). the way NATO enlargement is proceed- (b) ESTABLISHMENT OF PROGRAM OF BALLIS- such approval, as stated in subsection (b), to TIC MISSILE DEFENSE COOPERATION WITH RUS- be effective only if provided in a manner de- ing: First, we are concerned that a SIA.—The Secretary of Defense is authorized scribed in section 33(b) of the Arms Control number of countries may not be prop- to carry out a program of cooperative ballis- and Disarmament Act (22 U.S.C. 2573(b))). erly considered for the first round of tic missile defense-related projects with the (2) PRESERVATION OF U.S. THEATER BALLIS- NATO enlargement, or may be left out Russian Federation. TIC MISSILE DEFENSE POTENTIAL.—It is the of the first round and can find them- (c) CONDUCT OF PROGRAM.—The program of sense of the Congress that no ABM/TMD de- selves in a security vacuum. Second, cooperative ballistic missile defense-related marcation agreement that would reduce the we worry that in the rush to mollify projects with the Russian Federation under potential of United States theater missile subsection (b) may include (but is not lim- defense systems to defend the Armed Forces Russia, concessions may be made that ited to) projects in the following areas: of the United States abroad or the armed could jeopardize European security and (1) Cooperation between the United States forces or population of allies of the United the effectiveness of NATO. and the Russian Federation with respect to States will be approved for entry into force To reassure the countries that are early warning of ballistic missile launches, with respect to the United States (any such not currently among the front runners including the sharing of information on bal- approval, as stated in subsection (b), to be ef- for admission to NATO, this bill des- listic missile launches detected by either the fective only if provided in a manner de- ignates four additional countries to re- United States or the Russian Federation, scribed in section 33(b) of the Arms Control ceive NATO enlargement assistance: formalization of an international launch no- and Disarmament Act (22 U.S.C. 2573(b))). tification regime, and development of a joint (d) ABM/TMD DEMARCATION AGREEMENT Romania, Estonia, Latvia, and Lithua- global warning center. DEFINED.—For the purposes of this section, nia. The effect is to give these coun- (2) Technical cooperation in research, de- the term ‘‘ABM/TMD demarcation agree- tries the same status under United velopment, test, and production of tech- ment’’ means an agreement that establishes States law as Poland, Hungary, the nology and systems for ballistic missile de- a demarcation between theater ballistic mis- Czech Republic, and Slovenia. fense. sile defense systems and strategic anti-bal- (3) Conduct of joint ballistic missile de- listic missile defense systems for purposes of b 1715 fense exercises. the ABM Treaty, including the following: This bill goes on to express the sense (4) Planning for cooperation in defense (1) The agreement concluded by the Stand- of Congress that Romania, Estonia, ing Consultative Commission on June 24, against ballistic missile threats aimed at ei- Latvia, and Lithuania should be in- ther the United States or the Russian Fed- 1996, concerning lower velocity theater mis- eration. sile defense systems. vited to join NATO as soon as they can (d) DIALOGUE WITH RUSSIA.—The President (2) The agreement concluded (or to be con- satisfy all of the relevant criteria. should seek to initiate a dialogue with the cluded) by the Standing Consultative Com- With regard to Russia, the bill spells Russian Federation aimed at exploring the mission concerning higher velocity theater out concessions that we would consider potential for mutual accommodation of out- missile defense systems, based on the Joint unacceptable. But then to make clear standing issues between the two nations on Statement Concerning the Anti-Ballistic that the purpose of NATO enlargement matters relating to ballistic missile defense Missile Treaty issued on March 21, 1997, at is not to emasculate Russia, as many and the Anti-Ballistic Missile Treaty of 1972, the conclusion of the Helsinki Summit. in Moscow appear to believe, the bill including the possibility of developing a (3) Any agreement similar to the agree- strategic relationship not based on mutual ments identified in paragraphs (1) and (2). supports efforts to adapt the Conven- nuclear threats. (e) ABM TREATY DEFINED.—For purposes of tional Armed Forces in Europe Treaty, (e) ANNUAL REPORT.—Not later than Janu- this section, the term ‘‘ABM Treaty’’ means provided this is done in a way that does ary 1, 1998, January 1, 1999, and January 1, the Treaty Between the United States of not make the new NATO members any 2000, the President shall submit to the Con- America and the Union of Soviet Socialist second class citizens or otherwise jeop- gress a report on the cooperative program Republics on the Limitation of Anti-Ballis- ardize our security interests in Europe. tic Missile Systems, signed at Moscow on under this section. Each such report shall in- This bill supports adaptation of the clude the following: May 26, 1972 (23 UST 3435), and includes the (1) A description of the conduct of the pro- Protocols to that Treaty, signed at Moscow CFE treaty because we know of no bet- gram during the preceding fiscal year, in- on July 3, 1974 (27 UST 1645). ter way to demonstrate to Russia our cluding a description of the projects carried The SPEAKER pro tempore. Pursu- genuine belief that NATO enlargement out under the program. ant to House Resolution 159, the gen- will enhance the security of all coun- (2) A description of the status of the dia- tleman from New York [Mr. GILMAN] tries in Europe, including Russia. logue under subsection (d) during the preced- and the gentleman from Indiana [Mr. With regard to ballistic missile de- ing fiscal year. HAMILTON] each will control 30 min- fense, the bill again demonstrates that (3) A description of the funding for the pro- our objectives can best be achieved in gram during the preceding fiscal year and utes. the year during which the report is submit- The Chair recognizes the gentleman the manner that enhances Russia’s se- ted and the proposed funding for the program from New York [Mr. GILMAN]. curity as much as our own. for the next fiscal year. Mr. GILMAN. Mr. Speaker, I yield This legislation, Mr. Speaker, has SEC. 6. RESTRICTION ON ENTRY INTO FORCE OF myself such time as I may consume. garnered widespread support since it ABM/TMD DEMARCATION AGREE- Mr. Speaker, I am pleased to bring was first introduced back on April 24. MENTS. before the House the European Secu- It is supported by all of the major orga- (a) POLICY OF SECTION.—This section is en- rity Act of 1997. It is an important nizations representing Americans of acted in order to implement the policy set forth in section 2(3)(B). piece of legislation that will once again Central and Eastern European descent, (b) RESTRICTION.—An ABM/TMD demarca- give the Congress the opportunity to ranging from the Polish American Con- tion agreement shall not be binding on the demonstrate our support for prompt gress to the Armenian Assembly and June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3709 the Joint Baltic-American National them, ‘‘No matter what you do, you are I do believe that, if properly done, Committee. not now on the list of NATO member- NATO enlargement can increase the se- Just this week, Mr. Speaker, it has ship.’’ curity of all of Europe and increase the been endorsed by the editors of both The only meaningful change in au- chances that Europe will not be the the Washington Times and the Wash- thorities in this bill would be to allow source of wars. NATO enlargement will ington Post. If it can unite the editors the administration to use Department certainly assure these new democracies of those two newspapers, who agree on of Defense funds for the Regional Air- of central Europe and strengthen very little, surely it can unite the Con- space Initiative in Eastern Europe, a Democratic and market reforms. gress. program to modernize air traffic con- I do not think we have adequately In that spirit, I urge my colleagues trol systems. Usually in the Congress considered the impact of enlargement to join in supporting this important we have a good many Members at least on NATO itself and on those countries measure. who oppose raids on Defense Depart- not included in enlargement. We cer- Mr. Speaker, I reserve the balance of ment funds for foreign aid purposes. tainly have not considered carefully my time. This would provide about $10 million a enough the costs of NATO enlargement Mr. HAMILTON. Mr. Speaker, I yield year from the operations and mainte- and how to deal with the hostile reac- myself such time as I may consume. nance accounts for what these commit- tion of Russia. Much is going to depend Mr. Speaker, first I want to remind tees view as foreign assistance. While on how we manage the process of en- Members about the manner in which an air traffic control system in Central largement. this bill comes before us. There have Europe is useful, we should be clear I support NATO enlargement because been no hearings in the 105th Congress here that this authority will mean a I believe that the risks of proceeding on NATO enlargement. There have further depletion in the defense budget. with enlargement are less now than the been no hearings on the bill. There has On the question of the CFE flank risks of not going forward. You cannot been no consideration in the Commit- agreement, the Senate has already have the President of the United States tee on International Relations or any- acted. The Senate acted by May 15 to talk again and again about NATO en- where else of this bill. Now we have it provide its advice and consent. The ad- largement, and have 16 governments under a closed rule. ministration originally asked both the support NATO enlargement, without I think how the Congress handles im- House and the Senate to act on the enlargement going forward. U.S. credi- portant issues is important because it flank agreement last August. The bility and NATO credibility would van- contributes to the public perception of House in this case is a day late and a ish if we tried to turn back now. the Congress. We talk a lot about the dollar short. Its actions on the flank The question now is not whether to importance of the Democratic process agreement are now irrelevant. enlarge NATO but how to do it in a re- in countries before they come into On the question of the ABM treaty sponsible way. We do not want to an- NATO. We could very well use some and ballistic missile defense, the Presi- tagonize Russia unduly. We do not Democratic process in consideration of dent will not be obliged to change his want to create a two-tiered NATO this bill. policy one iota. He already is carrying membership. We should not prejudge The Committee on Rules has decided out a cooperative program on ballistic the next steps. that on the most important foreign missile defense with Russia. He is al- We should let the process of NATO policy issue of the year, probably, ready carrying out a dialog with Rus- enlargement unfold. We should bring in there will be one vote, up or down, no sia on the ABM treaty. He has already Members only when they are prepared amendments, on a bill that has had no agreed to submit the demarcation and meet NATO criteria. We should en- process of review by the committee of agreement under the ABM treaty to courage all countries in Eastern Eu- jurisdiction. the Senate for its advice and consent. rope to meet NATO criteria, not just a I do not approve of the way this bill Second, I do not oppose the content few. We should keep the process open came to the floor. As I suggested, I of this bill. I plan to vote for it. But I and not create first, second, and third really would prefer no bill at this time. think Members should understand tiers of candidates. NATO enlargement is a complex proc- Neither the process under which we what the bill does and does not do. It is ess with huge stakes. It will not be consider this bill nor the content of the neither a very helpful nor a harmful easy to make it work. It makes sense bill itself should make us especially bill. to let the process unfold gradually, and proud. So far as I can see, it is a for- Contrary to what some may say in let a consensus develop on which mem- eign policy bill driven largely by do- this debate, this bill does not pave the bers should be admitted and in what mestic political pressures. But neither way for another round of NATO en- order. is it a bad bill. I see no compelling rea- largement. It does not provide addi- My preference would be for the Con- son to vote against it. I do plan to vote tional assistance. It does not provide gress not to try to dictate the process for it. different assistance. The assistance by declaring favorites. There is some- Mr. Speaker, I reserve the balance of that this bill would provide is exactly thing disturbing about seeing Members my time. the same kind of assistance that the champion certain countries, trying to Mr. GILMAN. Mr. Speaker, I thank administration is currently providing push their favorites to the front of the the gentleman for his supportive re- or planning to provide. line. marks with regard to this important Four countries, Romania, Estonia, But this bill is before us, and I do not bill. Latvia, Lithuania, are designated to wish to be recorded in opposition to Mr. Speaker, I yield 5 minutes to the receive assistance under the NATO NATO expansion. The bill will be gentleman from New Jersey [Mr. Participation Act. But the assistance viewed in Europe and certainly in East- SMITH], distinguished chairman of the authorities under that act duplicate ern Europe as an up-or-down vote on Subcommittee on International Rela- existing authorities. No U.S. assistance NATO enlargement. I do not intend to tions and Human Rights. program, plan, or activity in these be seen as a Member who opposes the Mr. SMITH of New Jersey. Mr. countries will be changed because of aspirations of the Baltic States and Speaker, I rise today to voice my this act. The bill amounts to a sense of Romania. I think we would be better strong support for H.R. 1758. the Congress. served if all countries seeking NATO The language before us is designed The Baltic States and Romania cer- membership were designated under the first and foremost to preserve the ef- tainly deserve consideration for NATO NATO Participation Act. fectiveness and the flexibility of NATO membership, but so do others who are NATO enlargement, in my judgment, as a defensive alliance. For nearly five not named. The message to the four is going to happen. We have reached a decades the North Atlantic Alliance countries designated under the NATO point of no return. I had and still have has served and advanced the interests Participation Act is that ‘‘you have a many questions about enlargement, es- of the United States in Europe by pre- leg up’’ in the next round of NATO ex- pecially about costs and U.S. commit- serving peace, promoting economic pansion. The message to Bulgaria, to ments. I do not think we have had suf- prosperity, and advancing our shared Slovakia, to Albania and to the others ficient debate or consideration of principles of democracy, individual lib- is, ‘‘Sorry, you lose.’’ This bill says to NATO enlargement. erty, and the rule of law. H3710 CONGRESSIONAL RECORD — HOUSE June 11, 1997 Mr. Speaker, I would point out that I am particularly concerned about President, and the two governments the underlying legislation provides im- the seemingly one-sided nature of the strongly favor their simultaneous invi- portant assistance to Latvia, Lithua- recently concluded negotiations, focus- tation as NATO members. nia, Estonia, and Romania as they pur- ing as they have on Moscow’s security May I say, Mr. Speaker, that the de- sue membership in the alliance irre- preoccupation, real or imagined. The bate in this country and in the other 15 spective of the outcome of the NATO pending legislation identifies three spe- NATO countries basically comes down summit meeting scheduled to take cific security concerns that I urge the to whether in the first round we should place in Madrid in early July. Clinton administration to raise with invite just three potential new mem- Recently the ambassadors from each the Russians until they have been re- bers, Poland, the Czech Republic, and of these countries, as well as Poland, solved. Hungary, or whether we should invite Hungary, the Czech Republic, Slovenia, The first concern stems from the fact four or five, including Slovenia and Ro- Bulgaria, and Slovakia, appeared be- that Russia has not agreed to the inter- mania. fore the Helsinki Commission, which I national borders with several of her I strongly favor, as one who has spent co-chair along with Senator D’AMATO, neighbors. Moscow has purposefully a great deal of time over a lifetime in and presented their government’s case dragged its feet on this important issue that region, the simultaneous invita- for NATO membership. I believe, espe- with the aim of intimidating a number tion to membership to all five coun- cially after hearing from each of the of the countries involved. tries, with the clear understanding ambassadors, that it would be an injus- The second issue concerns the de- that a simultaneous invitation to tice of historic proportions if we did ployment of Russian forces on the ter- membership does not guarantee simul- not take advantage of the unique op- ritory of other states. Today there are taneous acceptance into NATO. portunity that we have today to em- thousands of Russian troops deployed Such a formula, Mr. Speaker, would brace these countries of the region that in and around the Ukrainian port of give us the best of all possible worlds. have demonstrably committed them- Sevastopol. Russian troops are likewise It would avoid the public relations dis- selves to democracy, human rights, and stationed in Moldova. The pending aster of having some countries invited the rule of law. and others not invited; it would avoid During President Constantinescu’s amendment calls for a commitment the backlash that would surely take short tenure, Romania has made very from the Russian Federation to station place in Romania, which has gone impressive progress, and I believe de- its armed forces on the territory of through free and open and democratic serves every ounce of encouragement, other states only with consent of such elections, which has moved vigorously support, and consideration in the lead- states and in strict accordance with toward privatization and the free mar- up to the July NATO summit. Mr. international law. ket, and which recognizes the impor- Speaker, as one of those who has close- Finally, the bill calls for a commit- tance of a free press and religious free- ly followed developments in Romania ment by the Russians to take steps to dom. It now is as well qualified to be since 1981, I would hope that Romania reduce nuclear and conventional forces is included among those invited to ac- in Kaliningrad, where Moscow has invited as any of the other five. Yet I think we must understand that, cession negotiations on full NATO amassed a huge arsenal that poses a in terms of economic development and membership. potential threat to the Baltic States With respect to the Baltic States, I and to Poland. other criteria, all five countries may not be ready to join NATO simulta- have seen no justification in delaying b 1730 similar negotiations with Latvia, Lith- neously. Therefore, my recommenda- Mr. Speaker, the progress in resolv- uania, and Estonia. Despite decades of tion: simultaneous invitation; no guar- ing these outstanding issues would go a Soviet domination and brutal repres- antee of simultaneous admission. long way to advance peace and stabil- sion, the commitment of the Baltic I also believe, Mr. Speaker, that, ity throughout Europe, a region of crit- peoples to freedom and democracy ulti- should this formula not be acceptable, ical importance to our own security mately triumphed over totalitarian- the very least the NATO countries and to our own economic and political ism. Having persevered for 50 years and should do at their July meeting is to overcome the odds by regaining their interests. designate a time certain when the sec- independence, the Baltic countries de- I urge adoption of H.R. 1758 in the in- ond round of countries will be invited serve to be fully integrated into the terests of maintaining the effective- to join NATO. Failure to do so would West, including NATO, without further ness and the flexibility of NATO as a lead to significant disappointments, a delay. defensive alliance. I urge strong sup- xenophobic backlash and a severe de- Mr. Speaker, the important legisla- port for the bill. struction of the spirit which now per- tion before us is aimed at giving fur- Mr. LANTOS. Mr. Speaker, how meates this region. ther impetus to the enlargement of much time have we consumed? These five countries, in my judg- NATO. It is of critical importance, in The SPEAKER pro tempore (Mr. ment, are fully prepared to begin nego- my view, that a genuine process be put INGLIS of South Carolina). The gen- tiations in July, and with assistance into place to ensure that emerging de- tleman from California [Mr. LANTOS] from the existing NATO contingent mocracies not invited in Madrid join has 221⁄2 minutes remaining and the will be ready within the next 2 or 3 NATO but that wish to join the alli- gentleman from New York [Mr. GIL- years to enter NATO as full-fledged, ance will be given every consideration, MAN] has 21 minutes remaining. fully equal members. This will be good and that there be a transparent and a Mr. LANTOS. Mr. Speaker, I yield for NATO, this will be good for the new real process for doing so. Platitudes myself 5 minutes. members, and, I underscore, it will be cannot substitute for process. The bill Mr. Speaker, I rise as a strong sup- good for Russia. calls for the NATO leaders assembled porter of NATO expansion. Two weeks In the cold war days, the Soviet in Madrid to agree to such a process. ago this past Sunday, I had the privi- Union assumed that NATO is an ag- Frankly, Mr. Speaker, I remain very lege in Bucharest of delivering to gressive military alliance. Those of us concerned over the recently concluded President Goncz of Hungary and Presi- who understood NATO throughout ar- negotiations undertaken by NATO Sec- dent Constantinescu of Romania a let- gued that NATO is a defensive military retary General Solana that resulted in ter by President Clinton. In this letter, alliance. It is a force for stability, pros- the so-called Founding Act between President Clinton congratulated the perity, democracy and freedom. Those NATO and the Russian Federation. two Presidents and the two countries are the attributes in central and East- Part of my concern stems from the fact for reaching an historic accommoda- ern Europe that are beneficial to Rus- that the talks were conducted against tion after centuries of bloodshed, bit- sia, and I strongly urge my colleagues the backdrop of an artificial deadline terness and wars. to support simultaneous invitation to suggested by the Russians. It is of crit- The long-awaited period of reconcili- all five countries mentioned, and I sup- ical importance that the Founding Act ation and peace between these two im- port the legislation of the gentleman in no way undermine the effectiveness portant countries of central and East- from New York. of NATO or reduce new members of the ern Europe is now a reality. The two Mr. Speaker, I reserve the balance of alliance to second-class citizens. Presidents jointly responded to our my time. June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3711 Mr. GILMAN. Mr. Speaker, I yield 3 dealt with Russia, the Ukraine and all taxpayer once again to the defense of minutes to the gentleman from Florida the interested parties in the past few Europe when the European nations are [Mr. GOSS], the distinguished chairman years on this matter, and it is time to allowed to get a free ride. of the Permanent Select Committee on get on with it. Mr. GILMAN. Mr. Speaker, I yield 2 Intelligence. We have worked with the par- minutes to the gentleman from Nevada (Mr. GOSS asked and was given per- liamentarians in the North Atlantic [Mr. GIBBONS]. mission to revise and extend his re- Assembly. We have visited with the Mr. GIBBONS. Mr. Speaker, I have a marks.) governments and the people on their question about this legislation which I Mr. GOSS. Mr. Speaker, I thank the turf in Russia, the Ukraine, the Bal- wish to direct to its principal sponsor, distinguished chairman of the House tics, Hungary, Poland, the Czech Re- the distinguished gentleman from New Committee on International Relations, public, and many others. And, of York [Mr. GILMAN], and chairman of the distinguished gentleman from New course, we have been to our NATO’s the Committee on International Rela- York [Mr. GILMAN], and congratulate home port and talked to them about tions. him on his successes earlier today. this. This is not a new subject. This is Mr. GILMAN. Mr. Speaker, will the Mr. Speaker, I rise in support of the a subject whose time has come. I sup- gentleman yield? Mr. GIBBONS. I yield to the gen- European Security Act strongly. Today port this legislation and I urge my col- we stand on the threshold of the July tleman from New York. leagues to do so. Mr. GILMAN. Mr. Speaker, I would Madrid summit, where the invitations Mr. LANTOS. Mr. Speaker, I yield 2 be pleased to respond to the questions to seek membership in NATO will be is- minutes to the gentleman from Massa- of the distinguished gentleman from sued, and they are sure to be among chusetts [Mr. FRANK]. Florida. the most coveted invitations of the Mr. FRANK of Massachusetts. Mr. Mr. GIBBONS. Mr. Speaker, I note year. What this means is that it is time Speaker, it is a terrible thing that this that the legislation states that Roma- for this Congress to offer not only central question of foreign policy nia, Estonia, Latvia, and Lithuania words but substantive measures de- comes before us under a closed rule should be invited to become full mem- signed to enhance the NATO enlarge- with only 1 hour. bers of NATO at the earliest possible ment process. I think the concept of NATO expan- date upon complete satisfaction of all The Europe Security Act of 1997 is a sion is a reasonable one, but it is not relevant criteria. The legislation also strong statement in support of expan- reasonable to go to the American tax- provides that these four countries are sion with concrete measures designed payer, in the light of a budget deal, to be designated as eligible to receive to improve the European security envi- which will severely constrain spending assistance under the NATO Participa- ronment. It reiterates this round of ex- both in the defense and nondefense tion Act effective 180 days after the pansion cannot and should not be the areas, and tell the American taxpayer date of enactment. last; that all countries able to meet the that they will continue to bear a dis- Are these provisions intended to sug- requirements for membership should be proportionate share of the cost of de- gest that Congress believes that Roma- permitted to seek it. It also seeks to fending Europe. nia, Estonia, Latvia, and Lithuania ensure that those countries not in- Everyone acknowledges that the ex- should be kept out of the first round of cluded in the first tranche are not left pansion of NATO will cost money. The NATO enlargement this year and, in- out in the cold, in some kind of a secu- more countries involved, the more stead, invited to join NATO at a later rity vacuum. money it will cost. That is not a dis- date in a second or third round of en- H.R. 1758 seeks to do so by expanding qualification. But that cost should not largement? the circle of countries eligible for en- be borne by the current formula, which Mr. GILMAN. Mr. Speaker, if the largement assistance. It also addresses has the U.S. taxpayer subsidizing the gentleman will continue to yield, I can concerns that my colleagues and I have nations of Western Europe. assure the gentleman that it is not our regarding the conventional forces in We talked about welfare reform last intention to push these countries into Europe and includes language to dis- year. We did not go after the real wel- any second or third round of NATO en- courage the administration from mak- fare. The real welfare is the United largement. The purpose of this legisla- ing further agreements with nonmem- States taxpayer, 52 years after the end tion is to support the efforts of Roma- ber states that will undercut the secu- of World War II, years after the Mar- nia, Estonia, Latvia, and Lithuania to rity of the alliance. In other words, it shall plan succeeded, continuing to join NATO. We absolutely are not try- says no to appeasement. subsidize Germany and England and ing to hold them back. Still further, it is intended to en- France and Denmark and Belgium. If at the summit meeting in Madrid hance Europe security with measures This bill assumes the status quo. this July the members of NATO decide specifically designed to overcome legal It is shocking that we were not al- to invite Romania, Estonia, Latvia, and foreign policy impediments to bal- lowed a chance to offer an amendment and Lithuania to begin accession talks listic missile defense by holding the to this bill that would say that, wheth- with the alliance as part of the first line on the implementation of demar- er one is for or against NATO expan- round of enlargement, we will welcome cation agreements negotiated with sion, we in the House do not want a that. And if they are not invited to join Russia and proposals from the White continuation of this subsidy by the in the first round, we will do all we can House that would multilateralize the American taxpayer of our wealthy al- to make sure the door to the alliance ABM treaty. lies in Western Europe. remains open to them. And that is the The Europe Security Act will offer As the Western European nations purpose of this legislation. the opportunity to enhance U.S. secu- struggle to meet their 3-percent deficit Mr. GIBBONS. Why then does the rity from ballistic missile attack, deadline to get into the Euro, we can legislation postpone for 180 days the ef- something of interest to all of us. In be sure they will start cutting back on fective date of the designation of these the end, the Europe Security Act is their military expenditures. And they countries under the NATO Participa- about consolidating the process of de- will cut back on their military expend- tion Act? mocratization in the central and east- itures secure in the hope that the Mr. GILMAN. Well, that designation ern Europe, about ensuring that those American Congress will again be suck- has to do with eligibility to receive countries that share our values and ered and bail them out. U.S. assistance. The 180-day period pro- took the risks associated with casting What this bill does, erroneously in vided under the legislation should not off the Soviet Union will be part of the my judgment, is to assume that status be read to suggest that we think it is new European security order and enjoy quo. I will vote ‘‘no’’. I might be sup- necessary to wait the entire 180 days the benefits of freedom. portive of NATO expansion in some before deciding whether to invite these Mr. Speaker, as the Madrid summit context, but this bill assumes an ex- countries to join NATO. approaches, we know that a difficult pansion of NATO under the same Mr. GIBBONS. Mr. Speaker, I thank process still lies ahead, but it is abso- terms. the gentleman and esteemed chairman lutely certain that enlargement is the The Washington Post editorial that for his clarification, and with the as- right choice. We must not retreat from the gentleman from New York talked surance he has provided, I will be our world leadership role, we must not about referred to the need for more pleased to join him in support of this forsake our allies, old or new. We have spending. Do not send the American measure. H3712 CONGRESSIONAL RECORD — HOUSE June 11, 1997 Mr. GILMAN. Mr. Speaker, I thank enlargement this summer. Members ing for this bill. He has my respect. We the gentleman for his interest in the left out of the first round must be as- worked together on so many issues, but legislation. sured they will be considered for NATO I think that it is important for us to recognize the changes that have taken b 1745 membership in the future. So I rise in support of this important place in the world and for America to Mr. LANTOS. Mr. Speaker, I yield 1 bill. NATO enlargement is important take a realistic view of what is going minute to the distinguished gentleman to our country, it is important to world to be happening, what challenges we from Massachusetts [Mr. NEAL]. peace, and it is important to the will face in the years ahead. Mr. NEAL of Massachusetts. Mr. growth of human mankind. NATO did a good job in deterring a Speaker, sometimes this institution I thank the gentleman very much for Soviet attack on Europe, but what pur- suffers from collective amnesia. What the opportunity to speak on behalf of pose does NATO serve now? Is it worth we honor tonight in this concept is this legislation and to our chairman, the expenditure of tens of billions of what happened in Hungary in 1956, the gentleman from New York [Mr. limited American defense dollars? I do what happened in Czechoslovakia in GILMAN], who has led this legislation not think so. Europe no longer poses 1968 with Alexander Dubcek, and what forward. and what is happening in Europe no happened in Poland just a decade ago. Mr. LANTOS. Mr. Speaker, I yield 1 longer poses a national security threat What we honor here today is a simple minute to the very distinguished gen- to the United States of America. We concept of those electricians and that tleman from Minnesota [Mr. OBER- need not spend our limited defense dol- trade unionist from Gdansk, Lech STAR]. lars that we have today for the stabil- Walesa, who turned events as we pro- Mr. OBERSTAR. Mr. Speaker, last ity of our European friends. They can ceeded to the next century, on their year during consideration of the NATO pay for their own stability. ear. Internationally we honor the com- Enlargement Facilitation Act of 1996, Why we were in NATO was because mitment that they made, and I assure the other body voted to designate Slo- the Soviet Union, and a war with the Mr. FRANK’s reservations about the venia along with Poland, Hungary, and Soviet Union, was a threat to our na- manner in which costs are ascribed in the Czech Republic as nations that tional security. Staying in NATO now these particular instances, but we can- have made progress toward meeting wastes limited dollars that should be not turn our backs on the heroism. NATO’s criteria for new members. And spent on American weapons systems And remember once again those So- Slovenia certainly stands out as a ster- that will enable the United States to viet tanks as they rolled into Hungary ling candidate for admission to NATO, project power from the continental and Czechoslovakia and Jaruzelski and I appreciate the support on the United States. Spending money on threatened to put down those trade Democratic side and on the Republican NATO rather than spending money on unionists. It represents the triumph of side of the committee in accepting the B–2 bombers or American aircraft car- the human spirit nurtured in this very Senate amendment in conference. riers, or, yes, on a missile defense sys- institution. We are soon to witness the Madrid tem is a waste of money. We need not I am pleased to lend my name in sup- meeting that will discuss the enlarge- spend our limited resources for stabil- port of the concept of expanding NATO ment of NATO. I would urge the admin- ity in Europe, especially when it takes to include these republics. istration to keep uppermost on their our focus away from the real part of The SPEAKER pro tempore (Mr. agenda Slovenia as a candidate for the the world where the threat to Amer- INGLIS of South Carolina). The Chair first round of expansion. Slovenia has ican security lies. By focusing on Europe, we are taking would point out that the gentleman moved successfully to privatize its away our focus from Asia, where a bel- from California [Mr. LANTOS] has 141⁄2 economy. Everything from banking to ligerent, totalitarian, expansionist minutes remaining and the gentleman aviation has been privatized. They China is fast becoming a threat to our from New York [Mr. GILMAN] has 16 have democratized their politics and national security and a threat to world minutes remaining. their government. They have created peace. Let us focus our efforts on Mr. GILMAN. Mr. Speaker, I yield 2 158 local governments and had local minutes to the gentleman from Penn- strengthening our alliances in Asia, elections. They are a significant force spending our money so that we can sylvania [Mr. FOX], another member of in the modernization of trade in the our committee. deter war on Asia rather than wasting former East European areas and de- it on NATO, which is a thing of the Mr. FOX of Pennsylvania. Mr. Speak- serve to be a member of NATO. er, it was not long ago, December 1994, past. Mr. Speaker, I urge the administra- Mr. LANTOS. Mr. Speaker, I yield that the NATO summit, the United tion to accept Slovenia in this first myself 2 minutes to respond to my States expressed its interest in expand- round. friend from California, Mr. ing NATO in order to strengthen na- Mr. GILMAN. Mr. Speaker, I yield 1 ROHRABACHER. tions that share the U.S. belief in de- minute to the gentleman from Califor- Mr. Speaker, NATO has been the cor- mocracy, continue the development of nia [Mr. ROHRABACHER], another mem- nerstone of American security for two free market economies, open the U.S. ber of our committee. generations. NATO has been the es- investment and trade, secure allies Mr. LANTOS. Mr. Speaker, in the sence of our defense strategy vis-a-vis willing to share in cooperative efforts spirit of collegiality and civility, I our most formidable opponent since on a range of global issues, and pre- yield 1 additional minute to the gen- the end of the Second World War, the serve a Europe free from domination by tleman from California [Mr. Soviet Union, and it takes a great deal any single power. ROHRABACHER]. of naivete to assume that new threats The enlargement we are discussing The SPEAKER pro tempore. The gen- might not reemerge on the Eurasian today will enhance stability by provid- tleman from California [Mr. continent aimed at our allies and in- ing NATO security guarantee for can- ROHRABACHER] is recognized for 2 min- deed the United States. didate states working to construct via- utes. Expanding NATO and continuing to ble democracies and free-market sys- Mr. ROHRABACHER. Mr. Speaker, I fund NATO perhaps in a more propor- tems. H.R. 1758 declares that the door do appreciate this time, from the gen- tional fashion, as my friend from Mas- to membership in NATO should remain tleman from California [Mr. LANTOS] in sachusetts recommends, is very much open to all emerging democracies in particular, because I am providing a le- in the American national security in- Central and Eastern Europe and ex- gitimate opposition to this bill. terests, and to send a message at this presses the sense of Congress that the Mr. Speaker, today I rise in opposi- stage that the United States wishes to bulk of nations in Romania should be tion to H.R. 1758. I do not do so with cut back its NATO commitment would admitted to NATO and declares that any type of situation where I have a be the most suicidally shortsighted Congress will not approve inter- problem in disagreeing with the gen- gesture of U.S. defense and foreign pol- national agreements that accord sec- tleman from New York [Mr. GILMAN]. icy. ond class status to new members. The Mr. GILMAN has my respect, and I know Mr. Speaker, I strongly urge my col- bill declares the door to NATO should he is pushing this bill; the gentleman leagues to reject the notions presented not close after the first round of NATO from New York [Mr. SOLOMON] is push- by my good friend from California. June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3713 Mr. Speaker, I reserve the balance of human rights both within their coun- that we finally seem to be moving for- my time. try and across their borders and that, ward. Mr. GILMAN. Mr. Speaker, I yield 5 finally, they must be able to partici- Mr. Speaker, I think this bill states minutes to the gentleman from New pate militarily. What this bill says is what is obvious: That NATO expansion York [Mr. SOLOMON], the distinguished to those countries: ‘‘You have pre- is a good thing, and that countries can chairman of the Committee on Rules. viously been under Russian influence, join NATO if they meet certain cri- Mr. SOLOMON. Mr. Speaker, I thank that all of your military is not able to teria. I think it is very important at the gentleman from New York, the communicate or inter-operate with our this stage to state that in July, we chairman of the Committee on Inter- NATO defense alliance,’’ and this bill is know that certain countries are going national Relations, for yielding me this meant to help those countries do just to be admitted to NATO, and we want time. I commend him for bringing this that. the Congress to go on record as saying measure to the floor in this timely Mr. Speaker, that is why it is so im- that once these countries are admitted manner. And Mr. Speaker, I just hope portant for us to pass this legislation to NATO, that the door does not swing that one of the greatest Presidents this here today. shut, that the door is open, that NATO country has ever known is able to be This is not spending money, I would expansion is still on the table, that watching this debate here tonight be- say to my good friend from Massachu- this Congress is in favor of the concept cause it is because of he, and his name setts. This is saving money because let of expanding NATO. was Ronald Reagan from the gentle- me assure my colleagues that once With the collapse of the Soviet Union man’s State, my good friend; it was be- these countries are brought under the and the fall of communism, the West- cause of he and his policies of peace greatest defense alliance in the history ern world, the democratic world, the through strength back in the 1980’s, of the world that there will be no more United States would be foolhardy if it backed by Republican and Democratic wars in that part of the world because did not take advantage of the fact that bipartisan support, including the gen- what is that defense alliance? It says these countries, which were formerly tleman from California [Mr. LANTOS] that if Latvia is invaded by an outside Communist countries and dictator- sitting over there, a good Democrat, military aggressor, that these coun- ships, want to have free market econo- that brought down the Iron Curtain, tries, including America, will come to mies, want to have democracy, and that brought down the Berlin wall, and their rescue to protect their sov- want to be a part of the Western world, saw peace breaking out and democracy ereignty. That is what this measure of the free world, of the democratic breaking out all over Eastern Europe says. world. It would make no sense for us in countries that the people there, tens And my colleagues know it is not not to bear the fruits of what hap- of millions of them, that were enslaved just for these countries, Latvia, Lith- pened, and I think if we delay NATO by deadly atheistic communism that uania, and Estonia, and Romania and expansion, that is exactly what we has no respect for life or human rights Slovenia, the Warsaw Pact countries would be doing. No one is saying that countries at all; those people today have hope be- who have already met that criteria, should be admitted before they meet cause they are now part of a sovereign but it is also for Bulgaria and Slovakia nation. Be it Latvia, Lithuania, Esto- the criteria. This is simply saying that and, yes, even Ukraine, and, yes, my Romania and the Baltic nations can be nia, Romania, Slovenia, or Poland, or colleagues, even Russia. If Russia considered when they meet the cri- the Czech Republic or Hungary, those would meet this criteria, then they teria, and again, if there are other na- people now have hope, the same kind of also could become a part of NATO, and tions in Eastern Europe that can meet hope that we Americans have enjoyed, their boundaries would also be pro- the criteria and want to become NATO and that is why we need to have this tected from outside military aggres- members, they too ought to be consid- bill on the floor here today. sion. That is how to guarantee peace in ered; that would be the next logical My colleagues know we fought two that part of the world, and it is how to world wars in this country, and we step to this bill. guarantee that U.S. soldiers and sailors The bill also makes it clear that such fought a very expensive cold war, ex- and marines and Air Force will never enlargement of NATO does not end at pensive to the American taxpayer be- have to go into battle in that part of Russia. Indeed, we want to have co- cause we had to rebuild our strength, the world again. operation with Russia. The President, and we had to show the evil empire, as Mr. Speaker, that is why my col- in the pact that he signed with Mr. Ronald Reagan said, that we would not leagues need to come to this floor, they Yeltsin, states that, that Russia can be tolerate this kind of inhumane philoso- need to support this legislation, they a partner with the West, but that Rus- phy in this world, and that is why just need to cast a vote for Ronald Reagan sia cannot have a veto power over before President Clinton went to Hel- and for the expansion of NATO, be- NATO expansion, and that Russia can- sinki to meet with President Yeltsin I cause that is how to bring about peace not dictate to NATO how NATO ex- spoke with him for almost an hour to in the world. pands or to which Nation an invitation make sure that we Republicans were Mr. LANTOS. Mr. Speaker, before is given to join NATO. speaking the same as the Democrat yielding to my friend from New York I So I think that on balance, this is a leadership and the same as the Presi- yield myself such time as I may very, very good measure. It is a meas- dent of the United States that we were consume. I would merely like to sug- ure that is very, very important. It is a going to keep that door open for all gest to the distinguished gentleman measure that will go a long way in countries formerly oppressed by this who has just spoken that in addition to guaranteeing democracy, free market philosophy called communism, that we President Reagan, beginning with economies, and peace as we approach would keep that door open for all of President Truman, all of our Presi- the 21st century. these sovereign countries. dents, Republican and Democratic I compliment the gentleman from Mr. Speaker, President Clinton as- alike, deserve a great deal of credit, as New York [Mr. GILMAN], the chairman sured me that there will be no quid pro do Members of Congress who on a bi- and my friend, for putting forth this quo with Yeltsin, that what was said in partisan basis have been so strongly measure. public would be what was said in pri- supportive of NATO through the dec- Mr. GILMAN. Mr. Speaker, I yield 2 vate and that those doors would be ades. minutes to the gentleman from Florida kept open to these countries once they Mr. Speaker, I yield 2 minutes to the [Mr. MICA]. met the criteria. distinguished gentleman from New Mr. MICA. Mr. Speaker, I thank the And what is that criteria? That cri- York [Mr. ENGEL]. gentleman from New York [Mr. GIL- teria is that these sovereign nations, MAN] for yielding me this time. b these new sovereign nations, must have 1800 Quite frankly, I say to my col- advanced to irreversible democracy, Mr. ENGEL. Mr. Speaker, I thank my leagues, I regret that this bill picks that they must have moved to a free friend from California for yielding me winners and losers in the quest to join market economy, privatizing their in- this time. I rise in strong support of NATO, as was pointed out by the rank- dustries, that they must live by the this bill. I have long been in favor of ing member of the committee. I per- rule of law and that they must respect NATO expansion, and I am very pleased sonally believe that Slovakia should be H3714 CONGRESSIONAL RECORD — HOUSE June 11, 1997 and should have been selected for of the gentleman from Indiana [Mr. place without creating a destabilizing NATO admission in the first round last HAMILTON], I will probably vote for the impact on our relationship. This bill year, and certainly should be included bill, because I think it is a very impor- lays the groundwork for that to hap- this year. Unfortunately, this whole tant step forward. However, I think pen. process has become a popularity con- procedurally, there is a lot lacking in Unfortunately, Mr. Speaker, the ad- test rather than a well-considered the way we have gone about it. ministration seems to be going in the international security consideration. Mr. GILMAN. Mr. Speaker, I yield 5 opposite direction. I say that because Let me submit for the RECORD com- minutes to the gentleman from Penn- recently at the Helsinki summit there ments relating to Slovakia’s readiness sylvania [Mr. WELDON]. was an agreement to expand the ABM to join NATO. Nicholas Burns of the (Mr. WELDON of Pennsylvania asked Treaty to include demarcation provi- State Department said April 17, 1997, and was given permission to revise and sions relative to theater missile de- ‘‘The Slovak Republic has made im- extend his remarks.) fense systems. pressive economic progress in four Mr. WELDON of Pennsylvania. Mr. Mr. Speaker, a number of us in this years since independence, and is co- Speaker, I rise in strong support of the body, including a significant number of operating fully in Partnership for legislation introduced by my colleague Members of the minority party, have Peace. We have also been gratified by and friend the gentleman from New expressed their concern through a bill the Slovak Republic’s contribution to York [Mr. GILMAN], and I rise as one of that I introduced that said, this is the peacekeeping operations in Bosnia and the original cosponsors of this legisla- wrong time to be expanding the ABM Eastern Slavonia.’’ tion. Treaty to include theater missile de- Just a few days ago, Speaker GING- I want to speak to the issue of a new fense systems, and this legislation puts RICH said in the Washington Times, ‘‘I era of cooperation with Russia, because the House on record expressing our do not think there is any sense to ex- there are perhaps some in this body concern in that regard. clude Slovakia.’’ and perhaps some in this country, and This legislation also, Mr. Speaker, My grandfather was born in Slovakia perhaps others outside of this country identifies the strong concerns of this and the Slovaks are a patient and who think that this bill is attempting body with the idea and the notion of peaceful people. They have been free to undermine a new relationship with multilateralizing the ABM Treaty. and independent for only 4 years. They Russia and some of the other former Many of us think that that would ham- were oppressed for 1,000 years. They Soviet States. Nothing could be further per our ability to move away from the will wait patiently for a little while from the truth. strict interpretation of the ABM Trea- longer to take their rightful place in In fact, in this legislation, Mr. ty and comes at a very inopportune NATO, and I hope that we can support Speaker, is a specific provision that al- time where Russia has, in fact, given that effort in the future. lows us to begin a new era of engaging us the willingness in the form of a sig- Mr. LANTOS. Mr. Speaker, I yield 2 Russia, especially in the area of missile nal that they are now willing to talk minutes to my friend and colleague, defense. about moving into a posture away from the gentleman from California [Mr. Now, this is not necessarily a new relying on the ABM Treaty as our key CAPPS]. Although he has been with us area, because in the Committee on Na- instrument in terms of our bilateral re- only this term, he has already made tional Security for the past several lationship. great contributions to the body. years we in fact have supported fund- I think this is extremely important, Mr. CAPPS. Mr. Speaker, I know I ing for joint missile defense initiatives. and yet at the same point in time in will probably vote for this, but I find it But what this legislation calls for is a approaching this new dialogue with somewhat curious that this is probably formal process of working with Russia Russia, we want to reassure them that the only debate we are going to have, to build a sense of understanding about we are not about tweaking them. We which will probably be the most impor- what we are trying to accomplish. It are not in this bill attempting to iso- tant foreign policy decision that this does not mean that we are going to re- late Russia. Congress will make this term, and we veal any secrets, it does not mean that In fact, the gentleman from New are doing it within an hour right now, we are going to give the Russians any York [Mr. SOLOMON] made a very im- with very little preparation. This is strategic information; it means that portant point that he has made in my probably the only time we will be talk- we are going to build confidence and presence before Russians that were ing about this before the Madrid sum- that we are going to continue to work here just a few short weeks ago. He mit, NATO summit in July. on programs like the RAMOS and the said ultimately, we even envision the I just think the ramifications of this follow-on to the agreed project, which day where Russia may be able to qual- are so profound, so deep, so extensive, engage our physicists and scientists in ify for membership in NATO. So in that I regret that we have to do it in new relationships that allow us to fact, I think that is a basic underlying this fashion. I know for a new Member show Russia that perhaps the old rela- premise here. to come here and lecture other Mem- tionship that was best identified by the The question is how we get there, and bers on how we ought to be doing this strict interpretation of the ABM Trea- in this era of emerging threats from is probably not very polite of me, but I ty is perhaps not suitable for the cur- rogue nations and the threat of desta- think that until we can trust the proc- rent relationship between our country bilization in the Russian military rel- ess that we are using, it is difficult to and Russia. ative to their offensive arms, North restore the trust between the people In fact, Mr. Speaker, what is kind of Korea and China deploying long-range and their representatives here. interesting is, the Russians have just missiles, we can no longer rely on an Mr. Speaker, I just think by naming participated in a 2-year study with us outmoded ABM Treaty. This bill allows four more countries, we are creating that has been funded by our ballistic us to move into a new era where in fact expectations among those countries. missile defense organization, headed up our bilateral relationship is not just Also, there are other candidates for by Dr. Keith Payne and Dr. Shoumikin based on a strict ABM, but actually al- NATO membership that are not in- on behalf of the Russian side, that in lows us to move into a new era of rela- cluded on this new list. That means fact has called for the possibility of a tionship building on cooperate missile that they will understand what their new bilateral relationship that would defense and also looking at ways that position is relative to the people who allow for, instead of a process of mutu- we can in fact move away from the are on the list. I think we raise expec- ally assured destruction upon which we strict interpretation that allowed us in tations, we diminish expectations, we base our bilateral relationship, that we the past to rely on a theory of mutu- create a false euphoria. move into looking at the possibility of ally destroyed destruction. So I have lots of problems not just asymmetrical deterrence, which means As the administration moves ahead with with the bill, but with this matter of that we include offensive missiles in an NATO expansion, we must make every effort proceeding. Because of my great re- attempt to bring them down, and as we to assure Russia that we are pursuing this spect for NATO, for the timeliness of do so, that we also discuss and perhaps new arrangement to enhance everyone's se- NATO expansion, as I say, and I want look at changes to the ABM Treaty to curity, not to threaten them. This bill goes a to associate myself with the remarks allow defensive systems to be put into long way toward doing that by establishing a June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3715 program to pursue joint missile defense But perhaps I am most concerned Mr. GILMAN. Mr. Speaker, the gen- projects such as early warning sharing and lay about article 5 of the treaty itself, and tleman is correct. That is my under- in a groundwork for the revival of United whether in fact this means that there standing as well. States-Russia talks on the ABM Treaty and may be the commitment of troops to Mr. LANTOS. Mr. Speaker, I yield missile defense cooperation. central Europe as a result of this ex- myself such time as I may consume. Mr. GILMAN has stated that he believes it is pansion. That is an issue of primary Mr. Speaker, I would conclude by essential that we take proactive steps to build importance in a country which seems suggesting that perhaps the relatively confidence with the Russians. NATO expan- unwilling to commit troops for very calm and deliberate and judicious tone sion will not be a complete success if it results much anymore. I really wonder wheth- of this debate reflects the bipartisan in a revival of tensions between Russia and er or not we really mean, in a place judgment of Congress of NATO’s quin- the United States. He believes this bill sets us where there has been much disagree- tessential importance during the past on the right course by establishing initiatives ment about Bosnia, where there has two generations to our security, and that set the tone for long-term dialog and co- been great trouble throughout the our bipartisan commitment to the ex- operation. United States, that we are now right in pansion of NATO. This bill makes clear our intent to work with the middle of that. Mr. GILMAN. Mr. Speaker, will the the Russians, it states our intention to ensure Mr. Chairman, we fell into this ex- gentleman yield? the fundamental security interests of the Unit- pansion. It developed influenced by the Mr. LANTOS. I yield to the gen- ed States and that of our NATO partners. last campaign. There has been little de- tleman from New York. While I believe that is wholly appropriate, I bate in this country. The American Mr. GILMAN. Mr. Speaker, I want to think we want to clarify that point. As you people do not recognize that they may stress again what this legislation in- know, the bill states that no commitments right now, as this bill is passed, be tends. It is about achieving two of our should be made that would limit the rights or committing troops, if need be, to vital national objectives, enlarging impose responsibilities on new NATO mem- central Europe. NATO and defending our Nation bers different from those applicable to current I can be convinced, and I will come to against the risk of ballistic missile at- NATO membersÐincluding the deployment of the floor this evening to say as yet no tack in a way that does not upset our nuclear weapons. That statement could be one has even tried to convince me or relations with Russia. perceived by the Russians as a sign that we the American people that this historic With regard to NATO enlargement, intend to support the creation of a new threat commitment should be expanded this we are especially concerned that no at their borders. day, in June 1997. emerging democracies in central and Mr. GILMAN has stated that that is certainly Mr. GILMAN. Mr. Speaker, I am eastern Europe be left in a security not the intent of this bill, nor is it in the admin- pleased to yield 1 minute to the gen- vacuum, and the Baltic states in par- istration's plans. In fact, the NATO Council is- tleman from California [Mr. COX], the ticular must be regarded as strong con- sued a statement on December 10, 1996, that distinguished chairman of our policy tenders for NATO membership. For its members have ``no intention, no plan, and committee. this reason, our legislation designates no reason'' to deploy nuclear weapons on the Mr. COX of California. Mr. Speaker, I these countries as being eligible to re- territory of the new member states. He also thank the gentleman for yielding time ceive transition assistance within the said that so far as he is aware, no one in this to me. NATO Participation Act. I urge our House takes issue with that statement. Mr. Speaker, I rise to seek clarifica- colleagues to support the measure. Mr. LANTOS. Mr. Speaker, I yield 21⁄2 tion concerning one provision of the Ms. HARMAN. Mr. Speaker, I rise today to minutes to the gentlewoman from the bill. Section 6(c) is entitled ‘‘Opposi- express my concerns about H.R. 1758, the District of Columbia [Ms. NORTON], my tion to Multilateralization of ABM European Security Act. Critical issues related good friend and distinguished col- Treaty.’’ It states the sense of the Con- to NATO enlargement have not been ade- league. Ms. NORTON. Mr. Speaker, I thank gress that no agreement demarcating quately thought throughÐunfortunately, poli- my friend for yielding me this time. the boundary between theater and tics appears to have been put ahead of policy. I come to the floor because I am antiballistic missile defense will be I am primarily concerned about the military amazed by the nature of this debate. It considered until the United States has and financial obligations the United States will is amazingly subdued when we consider taken the steps necessary to ensure assume under an expanded NATO. the historic basis upon which we are that the ABM Treaty remains a bilat- First, we need to think further about the mili- proceeding. It is almost a historical de- eral treaty between the United States tary obligations assumed by the United States bate, because the expansion of NATO and the Russian federation. in enlarging NATO. In bringing in new mem- may surely come to be as important as It is my understanding that this pro- bers, we must not degrade the ability of the al- the creation of NATO itself. vision takes no position with respect to liance to conduct collective defense. We must whether such a demarcation agreement guard both against this degradation, and b 1815 should be reached after such steps are against the possibility that the U.S. burden to Yet, this is being handled in an taken, or, indeed, whether the United the defense of NATO will increase by bringing hour’s worth of debate as just another States should take steps to continue in countries whose interoperability with matter coming before the House of the ABM Treaty in force even if it is a NATOÐkey to collective defenseÐis still a Representatives at the end of a long bilateral agreement limited to Russia long way off. day. and the United States. Second, we have been presented with a I have three concerns; domestic, the Section 6(c), according to my under- number of estimates of the financial costs of commitment of troops and burden- standing, simply makes absolutely NATO enlargementÐand those estimates vary sharing. I have to measure everything clear that the administration’s rush to widely. we do on this floor against the Demo- conclude an immediate demarcation The administration estimates a total cost of cratic sacrifices that are being agreed agreement must be stopped, and that between $9 billion and $12 billion over the to by us all in the name of deficit re- no such demarcation agreement should 1997±2009 period, with a cost to the United duction. be concluded prior to resolution of the States of between $150 and $200 million. On the matter of burdensharing, this question of Russia’s successorship The Congressional Budget Office estimates bill does not pass that test. I would feel under the ABM Treaty; and finally, thatÐdepending on how NATO structures its much better about what we are doing that, should Russia not be deemed to forces after enlargementÐcosts will range here in this discussion and debate if in have succeeded, then no such demarca- from a low of $61 billion to a high of $125 bil- fact we had come to some agreement tion agreement should be considered at lion over 15 yearsÐ1996±2010, with a U.S. about burdensharing, a word that is all. share of $5 to $19 billion over the same pe- virtually empty of content and mean- I would ask the gentleman, Mr. riod. ing. I would have thought that the Speaker, is that his understanding? Which is the more accurate estimate? pressures of deficit reduction could Mr. GILMAN. Mr. Speaker, will the Mr. Chairman, Congress needs more infor- produce some progress on gentleman yield? mation on the financial costs of enlargement in burdensharing. There has been little. Mr. COX of California. I yield to the order to make an informed decision. Specifi- Instead, we see burden expansion. gentleman from New York. cally: H3716 CONGRESSIONAL RECORD — HOUSE June 11, 1997 What portion of these costs are due to de- on International Relations with instructions Mr. Speaker, on our part we think veloping the required interoperability among to report the bill back forthwith with the the gentleman from Massachusetts new and old members? following amendment: makes an extremely valid point, and What portion to developing infrastructure re- At the end of the bill, add the following we are pleased to accept his recommit- new section: tal concern of burdensharing for the quired by the enlargement of NATO? SEC. 7. BURDENSHARING.—It is the sense of How will the on-going adaptation of alliance the Congress that the United States already Democratic side. strategy and structures impact on the costs of pays more than a proportionate share of the Mr. FRANK of Massachusetts. Mr. enlargement? costs of the common defense of Europe, and Speaker, I want to make this clear, How will these costs be apportioned among that the European members of NATO should this should not be interpreted as an the alliesÐold and new? pay the bulk of the costs of NATO expansion which are incurred by existing NATO mem- anti-NATO-expansion argument. In- Mr. Chairman, until these questions are an- deed, I would tell those who are in swered, there cannot be a coherent policy that bers.’’. Mr. FRANK of Massachusetts (during favor of a full-fledged unrestricted takes account of our resources and security NATO expansion that it is in their in- interests. the reading). Mr. Speaker, I ask unani- mous consent that the motion be con- terests to be supportive of Mr. LATOURETTE. Mr. Speaker, with the burdensharing. break-up of the Soviet Union and the emer- sidered as read and printed in the gence of Russia and the Commonwealth of RECORD. Franklin Roosevelt was described Newly Independent States [CIS] of Eastern The SPEAKER pro tempore. Is there once by John Kennedy in a phrase that Europe, management of the post-cold-war en- objection to the request of the gen- is very important for Members to re- vironment has proven to be a novel and chal- tleman from Massachusetts? member. When John Kennedy began There was no objection. lenging task. The securities and certainties of the Alliance for Progress and he looked The SPEAKER pro tempore. The gen- the ``us versus them'' world are gone. Today, back to Franklin Roosevelt’s Good tleman from Massachusetts [Mr. traditional allegiances are blurred and future Neighbor Policy as a first step toward FRANK] is recognized for 5 minutes in motives are questioned. The North Atlantic a recognition of mutual interest, he support of his motion to recommit. said that Franklin Roosevelt was able Treaty Organization [NATO], however, has Mr. FRANK of Massachusetts. Mr. prevailed as the one remaining post-cold-war to be a good neighbor abroad because Speaker, I offer this on behalf of my- he was a good neighbor at home. constant. As during the cold war era, the self and the gentleman from California The American people will more will- NATO commitment to collective defense is the [Mr. CONDIT]. core of the alliance. It is this guarantee to Mr. Speaker, there are differing ingly support international engage- deter aggression that has prompted the CIS to views about NATO expansion. There is, ment militarily, economically, and seek admittance into NATO. Realizing that I think, great agreement in this Cham- other sorts, if they feel they are being Russia, still armed with nuclear weapons, ber that the cost of NATO expansion treated fairly, if they do not think it is might one day become more unstable and ag- should not be paid in the same formula coming at their expense. gressive, NATO membership is highly prized. in which existing and past NATO costs The United States, I believe, is pre- As one who supports a stable and secure have been paid. pared to support foreign assistance to Eastern Europe through the expansion of As Members mentioned, NATO grew people in need, to deal with disease and NATO, I am pleased that Congress has not let out of a time when the United States poverty and economic development. this situation go unnoticed. In fact, the NATO had a degree of superiority in the world But I think the American people under- Enlargement Facilitation Act of 1996ÐPL as a result of World War II that was un- standably say with regard to France 104±208Ðwas adopted last Congress, which paralleled probably in recent history. and England and Germany and Den- named Poland, Hungary, the Czech Republic, America was quite generous in helping mark and Belgium, and some of the and Slovenia as having made the most bring, among others, our European al- wealthiest and most successful soci- progress toward meeting NATO membership lies and our former European enemies, eties in the world, countries that have criteria. In keeping with this sentiment, I en- it should not be forgotten, up to the already benefited greatly from our gen- courage my colleagues to support the Euro- current level that they now enjoy. But erosity, that it is time for them not to pean Security Act of 1997 so that the door to we believe, and I think it is a widely subsidize us, but no longer to be sub- NATO is not closed after the first round of en- shared sentiment across this House, sidized by us. largement and that additional European coun- that it is no longer appropriate for our What the gentleman from California tries receive U.S. assistance for transition into European allies to accept a subsidy in [Mr. CONDIT] and I seek to do in this is NATO. I would also like to encourage the the form of disproportionately large to say, and I believe frankly it will un- members of NATO to accept Slovenia into payments by the United States. derpin NATO expansion, it will give the membership when it meets in Madrid this July. What this motion to recommit says American people more willingness to The SPEAKER pro tempore (Mr. is that we believe that the increased support this, because we have just done INGLIS of South Carolina). All time has NATO costs that will come from expan- a budget deal. Defense spending will be expired. sion, there will have to be military constrained, not as much as I would Pursuant to House Resolution 159, standardization and communication like, but it will be constrained. Domes- the bill is considered read for amend- upgrades, that to the extent they are tic spending will be constrained. It is ment. borne by existing NATO members, the simply inappropriate for our allies to Pursuant to the rule, the previous European members of NATO should allow a disproportionate share of the question is ordered. pick up the bulk of those costs. funding to fall on the American tax- The question is on the engrossment In other words, we are not here try- payer. and third reading of the bill. ing to impose more costs on the new We have one particular fear. The Eu- The bill was ordered to be engrossed NATO members. We are saying that ropean nations have to, those that are and read a third time, and was read the the existing NATO members, wealthy in the European Union, the majority of third time. and prosperous and the beneficiaries, whom are in NATO, they have to get MOTION TO RECOMMIT as they have been over all these years, their deficits down to 3 percent of their Mr. FRANK of Massachusetts. Mr. of our beneficence, and it may have gross domestic product. We are the Speaker, I offer a motion to recommit. been in our interests as well as theirs; only country that would meet the Eu- The SPEAKER pro tempore. Is the it was in our interests as well as theirs, ropean Union’s definition, I think, gentleman opposed to the bill? but it was our dollars much more than right now. Mr. FRANK of Massachusetts. I am, theirs, we ask that they now do more Mr. Speaker. than they have been doing. There will be a strong temptation for The SPEAKER pro tempore. The Mr. LANTOS. Mr. Speaker, will the them to do that by further cutting Clerk will report the motion to recom- gentleman yield? their military expenditures. We need mit. Mr. FRANK of Massachusetts. I yield for them to understand that they can- The Clerk read as follows: to the gentleman from California. not do that in a way that shifts the Mr. FRANK of Massachusetts moves to re- Mr. LANTOS. Mr. Speaker, I thank burden to the United States. It is en- commit the bill (H.R. 1758) to the Committee my friend for yielding. tirely legitimate, yes, there will be June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3717 benefits to the United States, but there b 1830 SPECIAL ORDERS will be even more benefits for Europe. The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under Peace and security in the Czech Repub- INGLIS of South Carolina). The question the Speaker’s announced policy of Jan- lic, in Hungary, and Slovenia, and Ro- is on the amendment. uary 7, 1997, and under a previous order mania and elsewhere will be of at least The amendment was agreed to. of the House, the following Members equal benefit to our European allies; The SPEAKER pro tempore. The will be recognized for 5 minutes each. and under the current rules, they do question is on the engrossment and f not pay an equal share. third reading of the bill. Mr. Speaker, I would hope that we The bill was ordered to be engrossed The SPEAKER pro tempore. Under a would be willing to adopt this, and as I and read a third time, was read the previous order of the House, the gen- say, I believe it will strengthen the third time, and passed, and a motion to tleman from California [Mr. DREIER] is case for NATO expansion among the reconsider was laid on the table. recognized for 5 minutes. American people. The SPEAKER pro tempore. Pursu- [Mr. DREIER addressed the House. The SPEAKER pro tempore. Does the ant to section 3 of House Resolution His remarks will appear hereafter in gentleman from New York [Mr. GIL- 159, the text of H.R. 1758 will be ap- the Extensions of Remarks.] MAN] wish to be recognized on the mo- pended to the engrossment of H.R. 1757, f tion to recommit? and H.R. 1758 is laid on the table. Mr. GILMAN. I do, Mr. Speaker. The SPEAKER pro tempore. Under a The SPEAKER pro tempore. The gen- f previous order of the House, the gentle- tleman from New York [Mr. GILMAN] is woman from California [Ms. WATERS] is AUTHORIZING THE CLERK TO recognized for 5 minutes. recognized for 5 minutes on the motion MAKE CORRECTIONS IN EN- to recommit. GROSSMENT OF H.R. 1757, FOR- [Ms. WATERS addressed the House. Mr. BEREUTER. Mr. Speaker, will EIGN RELATIONS AUTHORIZA- Her remarks will appear hereafter in the gentleman yield? TION ACT, FISCAL YEARS 1998 the Extensions of Remarks.] Mr. GILMAN. I yield to the gen- AND 1999 f tleman from Nebraska. (Mr. BEREUTER asked and was Mr. GILMAN. Mr. Speaker, I ask The SPEAKER pro tempore. Under a given permission to revise and extend unanimous consent that in the engross- previous order of the House, the gen- his remarks.) ment of the bill, H.R. 1757, the Clerk be tleman from Colorado, Mr. BOB SCHAF- Mr. BEREUTER. Mr. Speaker, I authorized to correct section numbers, FER, is recognized for 5 minutes. thank the gentleman for yielding to punctuation, and cross references and [Mr. BOB SCHAFFER of Colorado ad- me. to make such other technical and con- dressed the House. His remarks will ap- Mr. Chairman, as chairman of the forming changes as may be necessary pear hereafter in the Extensions of Re- House delegation to the North Atlantic to reflect the actions of the House in marks.] Assembly, I can attest that European amending the bill, H.R. 1757. f members do pay the bulk of NATO The SPEAKER pro tempore. Is there objection to the request of the gen- The SPEAKER pro tempore. Under a costs now. While we believe that new previous order of the House, the gen- members of NATO, as they are added, tleman from New York? tleman from Connecticut [Mr. GEJDEN- should and will pay most of the cost of There was no objection. SON] is recognized for 5 minutes. expansion, we agree to that, we believe f that would be the case. That is our ex- [Mr. GEJDENSON addressed the pectation. GENERAL LEAVE House. His remarks will appear here- after in the Extensions of Remarks.] Beyond that, we agree that the exist- Mr. GILMAN. Mr. Speaker, I ask ing 14 European countries should pay unanimous consent that all Members f and will pay the bulk of the expansion may have 5 legislative days in within The SPEAKER pro tempore. Under a costs. Therefore, we agree with and which to revise and extend their re- previous order of the House, the gen- support the instructions offered by the marks on H.R. 1757 and on H.R. 1758. tleman from North Carolina [Mr. gentleman from Massachusetts [Mr. The SPEAKER pro tempore. Is there JONES] is recognized for 5 minutes. FRANK]. objection to the request of the gen- [Mr. JONES addressed the House. His Mr. GILMAN. Mr. Speaker, I yield tleman from New York? remarks will appear hereafter in the back the balance of my time. There was no objection. Extensions of Remarks.] The SPEAKER pro tempore. Without f objection, the previous question is or- f dered on the motion to recommit. COMMUNICATION FROM MEMBER The SPEAKER pro tempore. Under a There was no objection. OF STAFF IN OFFICE OF THE previous order of the House, the gen- The SPEAKER pro tempore. The HONORABLE DAN MILLER, MEM- tleman from New Jersey [Mr. question is on the motion to recommit. BER OF CONGRESS PASCRELL] is recognized for 5 minutes. The motion to recommit was agreed The SPEAKER pro tempore laid be- [Mr. PASCRELL addressed the to. fore the House the following commu- House. His remarks will appear here- Mr. GILMAN. Mr. Speaker, pursuant after in the Extensions of Remarks.] to the instructions of the House on the nication from Laura Griffin, member of motion to recommit, I report the bill, the staff in the office of the Honorable f H.R. 1758, back to the House with an DAN MILLER, Member of Congress: The SPEAKER pro tempore. Under a amendment. CONGRESS OF THE UNITED STATES, previous order of the House, the gen- The SPEAKER pro tempore. The HOUSE OF REPRESENTATIVES, tleman from Georgia [Mr. KINGSTON] is Washington, DC, June 5, 1997. Clerk will report the amendment. recognized for 5 minutes. Hon. NEWT GINGRICH, The Clerk read as follows: Speaker of the House, U.S. House of Represent- [Mr. KINGSTON addressed the House. At the end of the bill, add the following atives, Washington, DC. His remarks will appear hereafter in new section: DEAR MR. SPEAKER: This is to formally no- the Extensions of Remarks.] ‘‘SEC. 7. Burdensharing tify you pursuant to Rule L (50) of the Rules ‘‘It is the sense of Congress that the of the House that I have been served with a f United States already pays more than subpoena issued by the Circuit Court of the The SPEAKER pro tempore. Under a a proportionate share of the costs of Twelfth Judicial District, Manatee County, previous order of the House, the gen- the common defense of Europe, and State of Florida. tleman from New Jersey [Mr. After consultation with the General Coun- MENENDEZ] is recognized for 5 minutes. that the European members of NATO sel, I will make the determinations required should pay the bulk of the costs of by Rule L. [Mr. MENENDEZ addressed the NATO expansion which are incurred by Sincerely, House. His remarks will appear here- existing NATO members.’’ LAURA GRIFFIN. after in the Extensions of Remarks.] H3718 CONGRESSIONAL RECORD — HOUSE June 11, 1997 The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a ristown area school district, where he previous order of the House, the gen- previous order of the House, the gen- excelled academically and athletically. tleman from Kansas [Mr. TIAHRT] is tleman from Florida [Mr. He was a leader of the Plymouth-White recognized for 5 minutes. SCARBOROUGH] is recognized for 5 min- Marsh Exchange Club. But above all, a [Mr. TIAHRT addressed the House. utes. great father, great husband to Marie, His remarks will appear hereafter in [Mr. SCARBOROUGH addressed the one child in the marriage. the Extensions of Remarks.] House. His remarks will appear here- He certainly is someone who is a role f after in the Extensions of Remarks.] model and a living embodiment of what is important about a person, someone The SPEAKER pro tempore. Under a f previous order of the House, the gentle- who gives back to their community, The SPEAKER pro tempore. Under a someone who is an example of how to woman from New York [Mrs. MALONEY] previous order of the House, the gen- is recognized for 5 minutes. lead life and how to really make a dif- tleman from Illinois [Mr. HASTERT] is ference in one’s community. [Mrs. MALONEY of New York ad- recognized for 5 minutes. John Volpe was such a man and a dressed the House. Her remarks will [Mr. HASTERT addressed the House. great law enforcement official, some- appear hereafter in the Extensions of His remarks will appear hereafter in one who will be long remembered and Remarks.] the Extensions of Remarks.] never forgotten. He was a friend of f f mine, and I know that all of those who The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a are in law enforcement share with me previous order of the House, the gen- previous order of the House, the gen- the deep sympathy for the family. tleman from Texas [Mr. DELAY] is rec- tleman from Michigan [Mr. SMITH] is f ognized for 5 minutes. recognized for 5 minutes. LEAVE OF ABSENCE [Mr. DELAY addressed the House. His [Mr. SMITH of Michigan addressed remarks will appear hereafter in the By unanimous consent, leave of ab- the House. His remarks will appear Extensions of Remarks.] sence was granted to: hereafter in the Extensions of Re- Mr. FORBES (at the request of Mr. f marks.] The SPEAKER pro tempore. Under a ARMEY), for today after 10:30 a.m. and f previous order of the House, the gentle- the balance of the week on account of woman from California [Ms. The SPEAKER pro tempore. Under a family illness. f MILLENDER-MCDONALD] is recognized previous order of the House, the gen- tleman from New York [Mr. PAXON] is for 5 minutes. EXTENSION OF REMARKS recognized for 5 minutes. [Ms. MILLENDER-MCDONALD ad- [Mr. PAXON addressed the House. His By unanimous consent, permission to dressed the House. Her remarks will revise and extend remarks was granted appear hereafter in the Extensions of remarks will appear hereafter in the Extensions of Remarks.] to: Remarks.] (The following Members (at the re- f f quest of Mr. CAPPS) and to include ex- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a traneous matter:) previous order of the House, the gen- previous order of the House, the gen- Ms. HARMAN. tleman from Arizona [Mr. SHADEGG] is tleman from Florida [Mr. MILLER] is Ms. RIVERS. recognized for 5 minutes. recognized for 5 minutes. Mr. HAMILTON. [Mr. SHADEGG addressed the House. [Mr. MILLER of Florida addressed Mr. FRANK of Massachusetts. His remarks will appear hereafter in the House. His remarks will appear Mr. MILLER of California. the Extensions of Remarks.] hereafter in the Extensions of Re- Mr. RANGEL. f marks.] Mr. LANTOS. The SPEAKER pro tempore. Under a f Mr. DOYLE. Ms. ESHOO. previous order of the House, the gentle- The SPEAKER pro tempore. Under a Mr. MEEHAN. woman from Georgia [Ms. MCKINNEY] is previous order of the House, the gen- Mr. SKELTON. recognized for 5 minutes. tleman from Missouri [Mr. BLUNT] is Mr. SANDERS. [Ms. MCKINNEY addressed the recognized for 5 minutes. Mr. BARCIA. House. Her remarks will appear here- [Mr. BLUNT addressed the House. His Mr. MANTON. after in the Extensions of Remarks.] remarks will appear hereafter in the (The following Members (at the re- f Extensions of Remarks.] quest of Mr. GOSS) and to include ex- The SPEAKER pro tempore. Under a f traneous matter:) previous order of the House, the gen- Mr. DAVIS of Virginia. TRIBUTE TO JOHN VOLPE tleman from Texas [Mr. BRADY] is rec- Mr. GILMAN in two instances. ognized for 5 minutes. The SPEAKER pro tempore. Under a Mr. SHAW. [Mr. BRADY addressed the House. previous order of the House, the gen- Mr. FORBES. His remarks will appear hereafter in tleman from Pennsylvania [Mr. FOX] is Mr. LEWIS of California. the Extensions of Remarks.] recognized for 5 minutes. Mr. NEY. f Mr. FOX of Pennsylvania. Mr. Speak- Mr. COBLE. The SPEAKER pro tempore. Under a er, I rise tonight to salute a hero of Mr. CUNNINGHAM. previous order of the House, the gen- Montgomery County, PA, and a hero of Mr. SHUSTER. law enforcement. John Volpe died this tleman from California [Mr. BECERRA] Mr. GINGRICH. is recognized for 5 minutes. week. He was former police chief of Mr. MICA. Plymouth Township in Montgomery [Mr. BECERRA addressed the House. (The following Member (at his own County. For 10 years he was chief; for request) to revise and extend his re- His remarks will appear hereafter in 34 years he was with the department. the Extensions of Remarks.] marks and include extraneous mate- He served in an exemplary manner, a rial:) f great leader, someone who helped re- Mr. FOX of Pennsylvania. The SPEAKER pro tempore. Under a duce crime, increased public safety. f previous order of the House, the gen- And his record was shown to be one of tleman from Illinois [Mr. EWING] is rec- very special character. SPECIAL ORDERS GRANTED ognized for 5 minutes. He was the vice president of the FBI By unanimous consent, permission to [Mr. EWING addressed the House. His National Academy Associates, presi- address the House, following the legis- remarks will appear hereafter in the dent of the Montgomery County Chief lative program and any special orders Extensions of Remarks.] of Police Association, a product of Nor- heretofore entered, was granted to: June 11, 1997 CONGRESSIONAL RECORD — HOUSE H3719 (The following Members (at the re- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the tion, transmitting a copy of the Resolution quest of Mr. CAPPS) to revise and ex- Committee on Commerce. Funding Corporation’s Statement on Inter- tend their remarks and include extra- 3742. A letter from the Director, Regula- nal Controls and the 1996 Audited Financial tions Policy Management Staff, Office of neous material:) Statements, pursuant to Public Law 101—73, Policy, Food and Drug Administration, section 511(a) (103 Stat. 404); to the Commit- Ms. WATERS, for 5 minutes, today. transmitting the Administration’s final tee on Government Reform and Oversight. Mr. GEJDENSON, for 5 minutes, today. rule—Substances Affirmed as Generally Rec- 3753. A letter from the Acting Director, Mr. PASCRELL, for 5 minutes, today. ognized as Safe: Menhaden Oil [Docket No. Fish and Wildlife Service, transmitting the Mr. MENENDEZ, for 5 minutes, today. 86G–0289] received June 11, 1997, pursuant to Service’s final rule—Endangered and Threat- Mrs. MALONEY of New York, for 5 5 U.S.C. 801(a)(1)(A); to the Committee on ened Wildlife and Plants; Determination of minutes, today. Commerce. Threatened Status for Castilleja levisecta 3743. A letter from the Acting Director, De- (Golden Paintbrush) (RIN: 1018–AC52) re- Ms. MILLENDER-MCDONALD, for 5 min- fense Security Assistance Agency, transmit- ceived June 10, 1997, pursuant to 5 U.S.C. utes, today. ting notification concerning the Department 801(a)(1)(A); to the Committee on Resources. Ms. MCKINNEY, for 5 minutes, today. of the Army’s proposed Letter(s) of Offer and 3754. A letter from the Director, Fish and Mr. BECERRA, for 5 minutes, today. Acceptance (LOA) to Korea for defense arti- Wildlife Service, transmitting the Service’s (The following Members (at the re- cles and services (Transmittal No. 96–17), final rule—Endangered and Threatened Wild- quest of Mr. GOSS) to revise and extend pursuant to 22 U.S.C. 2776(b); to the Commit- life and Plants: Threatened Status for the their remarks and include extraneous tee on International Relations. Alaska Breeding Population of the Steller’s material:) 3744. A letter from the Acting Director, De- Eider (RIN: 1018–AC19) received June 10, 1997, fense Security Assistance Agency, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. KINGSTON, for 5 minutes, today. ting notification concerning the Department mittee on Resources. Mr. TIAHRT, for 5 minutes, today. of the Army’s proposed Letter(s) of Offer and 3755. A letter from the Acting Deputy Di- Mr. DELAY, for 5 minutes, today. Acceptance (LOA) to Israel for defense arti- rector, Fish and Wildlife Service, transmit- Mr. SHADEGG, for 5 minutes, today. cles and services (Transmittal No. 96–18), ting the Service’s final rule—Endangered and Mr. BRADY, for 5 minutes, today. pursuant to 22 U.S.C. 2776(b); to the Commit- Threatened Wildlife and Plants: Threatened Mr. EWING, for 5 minutes, today. tee on International Relations. Status for the Guajon (RIN: 1018–AD52) re- 3745. A letter from the Assistant Secretary Mr. SCARBOROUGH, for 5 minutes, ceived June 10, 1997, pursuant to 5 U.S.C. for Legislative Affairs, Department of State, today. 801(a)(1)(A); to the Committee on Resources. transmitting notification of a proposed man- 3756. A letter from the Acting Director, Of- Mr. HASTERT, for 5 minutes, today. ufacturing license agreement for production fice of Sustainable Fisheries, National Oce- Mr. SMITH of Michigan, for 5 minutes of major military equipment with Italy anic and Atmospheric Administration, trans- each day, today and on June 12. (Transmittal No. DTC–58–97), pursuant to 22 mitting the Administration’s final rule— Mr. PAXON, for 5 minutes, today. U.S.C. 2776(d); to the Committee on Inter- Fisheries of the Exclusive Economic Zone Mr. MILLER of Florida, for 5 minutes, national Relations. Off Alaska; Pollock in Statistical Area 630 in today. 3746. A letter from the Assistant Secretary the Gulf of Alaska [Docket No. 961126334– for Legislative Affairs, Department of State, Mr. BLUNT, for 5 minutes, today. 7025–02; I.D. 053097C] received June 11, 1997, transmitting notification of a proposed man- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f ufacturing license agreement for production mittee on Resources. of major military equipment with Australia 3757. A letter from the Acting Director, Of- SENATE ENROLLED BILL SIGNED (Transmittal No. DTC–55–97), pursuant to 22 fice of Sustainable Fisheries, National Oce- The SPEAKER announced his signa- U.S.C. 2776(d); to the Committee on Inter- anic and Atmospheric Administration, trans- ture to an enrolled bill of the Senate of national Relations. mitting the Administration’s final rule— the following title: 3747. A letter from the Secretary of Health Fisheries Off West Coast States and in the and Human Services, transmitting the semi- Western Pacific; West Coast Salmon Fish- S. 543. An act to provide certain protection annual report on activities of the Inspector eries; Closure from Cape Arago, OR, to the to volunteers, nonprofit organizations, and General for the period October 1, 1996, Oregon-California Border [Docket No. governmental entities in lawsuits based on through March 31, 1997, and the semiannual 970429101–7101–01; I.D. 060397A] received June the activities of volunteers. management report for the same period, pur- 11, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to f suant to 5 U.S.C. app. (Insp. Gen. Act) sec- the Committee on Resources. tion 5(b); to the Committee on Government 3758. A letter from the Acting Director, Of- ADJOURNMENT Reform and Oversight. fice of Sustainable Fisheries, National Oce- Mr. SOLOMON. Mr. Speaker, I move 3748. A letter from the Administrator, En- anic and Atmospheric Administration, trans- vironmental Protection Agency, transmit- that the House do now adjourn. mitting the Administration’s final rule— ting the semiannual report of the Office of Fisheries of the Exclusive Economic Zone The motion was agreed to; accord- Inspector General covering the period Octo- Off Alaska; Pollock in the Gulf of Alaska ingly (at 6 o’clock and 39 minutes ber 1, 1996 through March 31, 1997, and the Statistical Area 620 [Docket No. 96126334– p.m.), the House adjourned until to- semiannual Management report for the same 7025–02; I.D. 053097F] received June 11, 1997, morrow, Thursday, June 12, 1997, at 10 period, pursuant to 5 U.S.C. app. (Insp. Gen. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- a.m. Act) section 5(b); to the Committee on Gov- mittee on Resources. ernment Reform and Oversight. 3759. A letter from the Chief, Regulations f 3749. A letter from the Chairman, Federal Unit, Internal Revenue Service, transmitting Trade Commission, transmitting a copy of the Service’s final rule—Low-Income Hous- EXECUTIVE COMMUNICATIONS, the annual report in compliance with the ETC. ing Credit [Revenue Ruling 97–25] received Government in the Sunshine Act during the June 9, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); Under clause 2 of rule XXIV, execu- calendar year 1996, pursuant to 5 U.S.C. to the Committee on Ways and Means. tive communications were taken from 552b(j); to the Committee on Government Re- f the Speaker’s table and referred as fol- form and Oversight. 3750. A letter from the Chairman of the lows: REPORTS OF COMMITTEES ON Board, Pension Benefit Guaranty Corpora- PUBLIC BILLS AND RESOLUTIONS 3740. A letter from the Director, Regula- tion, transmitting the semiannual report on tions Policy Mangement Staff, Office of Pol- the activities of the Office of Inspector Gen- Under clause 2 of rule XIII, reports of icy, Food and Drug Administration, trans- eral for the period October 1, 1996, through committees were delivered to the Clerk mitting the Administration’s final rule— March 31, 1997; and the semiannual manage- for printing and reference to the proper Food Additives Permitted for Direct Addi- ment report for the same period, pursuant to calendar, as follows: tion to Food for Human Consumption; 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to Mr. GOSS: Committee on Rules. House Polydextrose [Docket No. 91F–0160] received the Committee on Government Reform and Resolution 165. Resolution waiving a require- June 11, 1997, pursuant to 5 U.S.C. Oversight. ment of clause 4(b) of rule XI with respect to 801(a)(1)(A); to the Committee on Commerce. 3751. A letter from the Chairman, Railroad consideration of certain resolutions reported 3741. A letter from the Director, Regula- Retirement Board, transmitting the semi- from the Committee on Rules (Rept. 105–128). tions Policy Management Staff, Office of annual report on activities of the Office of Referred to the House Calendar. Policy, Food and Drug Administration, Inspector General for the period October 1, f transmitting the Administration’s final 1996, through March 31, 1997, pursuant to 5 rule—Ophthalmic Devices: Reclassification U.S.C. app. (Insp. Gen. Act) section 5(b); to REPORTS OF COMMITTEES ON PRI- of Rigid Gas Permeable Contact Lens Solu- the Committee on Government Reform and VATE BILLS AND RESOLUTIONS tion; Soft (Hydrophilic) Contact Lens Solu- Oversight. tion; and Contact Lens Heat Disinfecting 3752. A letter from the Chief Operating Of- Under clause 2 of rule XIII, reports of Unit [Docket No. 95N–0400] received June 11, ficer/President, Resolution Trust Corpora- committees were delivered to the Clerk H3720 CONGRESSIONAL RECORD — HOUSE June 11, 1997 for printing and reference to the proper RAMSTAD, Ms. RIVERS, Mr. WOOLSEY, Mr. COX of California, and Mr. calendar, as follows: ROHRABACHER, Mr. ROTHMAN, Mrs. TORRES. Mr. SMITH of Texas: Committee on the Ju- ROUKEMA, Mr. ROYCE, Mr. SCHUMER, H.R. 712: Mr. THOMPSON and Mr. LEWIS of diciary. S. 768. A bill for the relief of Michel Mr. SENSENBRENNER, Mr. SKAGGS, Mr. Georgia. Christopher Meili, Giuseppina Meili, Mirjam SMITH of New Jersey, Mr. SOUDER, H.R. 716: Mr. GOODLATTE. Naomi Meili, and Davide Meili. (Rept. 105– Mr. STARK, Mr. TORRES, Mr. VIS- H.R. 761: Mr. WATT of North Carolina. 129). Referred to the Committee of the Whole CLOSKY, and Mr. WAMP): H.R. 789: Ms. CARSON. House. H.R. 1864. A bill to provide for a gradual re- H.R. 793: Mr. FROST. duction in the loan rate for peanuts, to re- f H.R. 872: Mr. ROTHMAN and Mr. TORRES. peal peanut quotas for the 2002 and subse- H.R. 875: Mr. ENGLISH of Pennsylvania, Mr. PUBLIC BILLS AND RESOLUTIONS quent crops, and to make nonrecourse loans HEFNER, Mr. DAVIS of Florida, Mr. ALLEN, available for peanut producers; to the Com- Under clause 5 of rule X and clause 4 and Mr. DEAL of Georgia. mittee on Agriculture. H.R. 883: Mr. DOOLEY of California. of rule XXII, public bills and resolu- By Mr. SKAGGS (for himsef and Mr. H.R. 953: Mr. GILMAN, Mr. PAYNE, and Mr. tions were introduced and severally re- McINNIS): OWENS. ferred as follows: H.R. 1865. A bill to designate certain lands H.R. 955: Mr. BARCIA of Michigan. By Mr. HINCHEY (for himself and Mr. in the San Isabel National Forest, in Colo- H.R. 977: Mr. GOODE and Mr. WOLF. rado, as the Spanish Peaks Wilderness; to SHAYS): H.R. 1114: Mr. EVANS. the Committee on Resources. H.R. 1861. A bill to amend the Forest and H.R. 1129: Mr. MICA, Ms. KILPATRICK, and By Mr. SMITH of Texas (for himself Range land Renewable Resources Planning Mr. SKAGGS. and Mr. FRANK of Massachusetts): Act of 1974, the Federal Land Policy and H.R. 1134: Mr. BARTON of Texas. H.R. 1866. A bill to continue favorable Management Act of 1976, the National Wild- H.R. 1223: Mr. WATT of North Carolina. treatment for need-based educational aid life Refuse System Administration Act of H.R. 1238: Mr. WATT of North Carolina. under the antitrust laws; to the Committee 1966, the National Indian Forest Resources H.R. 1239: Mr. WATT of North Carolina. on the Judiciary. Management Act, and title 10, United States H.R. 1281: Mr. GILLMOR, Mr. WEXLER, and f Code, to strengthen the protection of native Mr. ALLEN. biodiversity and to place restraints upon PRIVATE BILLS AND H.R. 1285: Mr. KING. clearcutting and certain other cutting prac- H.R. 1329: Mr. GILCHREST. tices on the forests of the United States; to RESOLUTIONS H.R. 1375: Mr. MATSUI. the Committee on Agriculture, and in addi- Under clause 1 of rule XXII, private H.R. 1425: Ms. LOFGREN. tion to the Committees on Resources, and bills and resolutions were introduced H.R. 1450: Mr. BECERRA. National Security, for a period to be subse- and severally referred as follows: H.R. 1514: Mr. WISE. quently determined by the Speaker, in each H.R. 1549: Mr. SKAGGS. case for consideration of such provisions as By Mr. KINGSTON: H.R. 1556: Mr. TANNER and Ms. SLAUGHTER. fall within the jurisdiction of the committee H.R. 1867. A bill for the relief of Mr. Guy H.R. 1574: Mr. HOEKSTRA, Mr. BURTON of In- concerned. Lau and Ms. Chantal Lau Pease; to the Com- diana, and Mr. HILL. By Ms. MOLINARI: mittee on the Judiciary. H.R. 1862. A bill to amend the Omnibus By Mr. LANTOS: H.R. 1592: Mr. KLUG. Crime Control and Safe Streets Act of 1968 to H.R. 1868. A bill for the relief of Billy I. H.R. 1610: Mr. FLAKE, Mr. LAFALCE, Mr. provide death benefits to retired public safe- Meyer; to the Committee on the Judiciary. HINCHEY, Mr. QUINN, and Mrs. MCCARTHY of ty officers; to the Committee on the Judici- By Ms. MOLINARI: New York. ary. H.R. 1869. A bill for the relief of the estate H.R. 1613: Mr. SHIMKUS. By Mr. NEY (for himself, Mr. GRAHAM, of Irwin Rutman; to the Committee on the H.R. 1623: Mr. ENGLISH of Pennsylvania. Mr. BARR of Georgia, Mr. BUNNING of Judiciary. H.R. 1624: Mr. FOGLIETTA and Mr. MCGOV- Kentucky, Mr. TRAFICANT, Mr. SES- f ERN, H.R. 1666: Mr. KLUG. SIONS, Mr. BARTLETT of Maryland, ADDITIONAL SPONSORS Mr. CALLAHAN, Mr. COOKSEY, Mrs. H.R. 1689: Mr. PALLONE, Mr. RUSH, and Ms. EMERSON, Mr. WATTS of Oklahoma, Under clause 4 of rule XXII, sponsors FURSE. Mr. CHAMBLISS, Mr. TALENT, Mr. PE- were added to public bills and resolu- H.R. 1704: Mr. ENGLISH of Pennsylvania and TERSON of Pennsylvania, Mr. tions as follows: Mr. MANZULLO. BALLENGER, Mr. ADERHOLT, Mr. H.R. 1705: Mrs. ROUKEMA and Mrs. MCCAR- H.R. 14: Mr. RYUN, Mr. LEWIS of California, HAYWORTH, Mr. WICKER, Mr. THY of New York. Mr. DOOLITTLE, and Mr. INGLIS of South NETHERCUTT, Mr. COLLINS, Mr. H.R. 1719: Mr. WALSH, Mrs. EMERSON, and Carolina. KNOLLENBERG, Mr. BOEHNER, and Mr. Mr. COLLINS. H.R. 66: Mr. FILNER. SNOWBARGER): H.R. 1723: Mr. WATT of North Carolina. H.R. 135: Mr. HOLDEN, Mr. RODRIGUEZ, and H.R. 1863. A bill to prohibit the Environ- H.R. 1724: Mr. WATT of North Carolina. Mr. KLINK. mental Protection Agency from establishing H.R. 1727: Mr. BILBRAY. H.R. 195: Mr. EHRLICH. a new standard for ozone or particulate mat- H.R. 1743: Mr. BARTON of Texas. H.R. 217: Mr. NEY and Mr. KNOLLENBERG. ter under the Clean Air Act before existing H.R. 1748: Mr. Shays, Mr. BALDACCI, Mr. H.R. 253: Mr. MURTHA. ozone and particulate matter standards have HINCHEY, and Mr. HALL of Ohio. H.R. 255: Mr. BORSKI. been attained; to the Committee on Com- H.R. 1754: Mr. ENGLISH of Pennsylvania and H.R. 304: Ms. EDDIE BERNICE JOHNSON of merce. Mr. FILNER. Texas and Mr. HILLIARD. H.R. 1788: Mr. FROST, Mrs. MEEK of Florida, By Mr. SHAYS (for himself, Mrs. H.R. 306: Mr. ALLEN and Mr. RODRIGUEZ. and Mr. HILLIARD. LOWEY, Mr. ANDREWS, Mr. BARRETT H.R. 367: Mr. TAUZIN. MERSON of Wisconsin, Mr. BASS, Ms. CARSON, H.R. 411: Ms. STABENOW. H.R. 1799: Mrs. E and Mr. Mr. CASTLE, Mr. CHABOT, Mr. COYNE, H.R. 426: Mr. SNYDER, Mr. PAUL, Mr. HOEKSTRA. Mr. DELLUMS, Mr. DOYLE, Mr. ENG- SOUDER, and Mr. ALLEN. H.R. 1839: Mr. OXLEY. LISH of Pennsylvania, Mr. ENSIGN, H.R. 457: Mr. SENSENBRENNER. H.J. Res. 64: Mr. BOYD. Mr. FAWELL, Mr. FOGLIETTA, Mr. H.R. 475: Mr. MCDADE, Mr. FOGLIETTA, and H. Con. Res. 68: Mr. BARRETT of Wisconsin. FRANKS of New Jersey, Mr. Mr. MASCARA. H. Con. Res. 75: Mr. DOOLITTLE. FRELINGHUYSEN, Mr. GEKAS, Mr. H.R. 482: Mr. ENGEL and Mr. BURTON of In- H. Con. Res. 80: Mr. HUTCHINSON, Mr. MCIN- HINCHEY, Mr. HOBSON, Mr. HOLDEN, diana. TYRE, Mr. MANZULLA, and Mrs. KELLY. Mr. HUTCHINSON, Mr. KANJORSKI, Mr. H.R. 538: Mr. DELLUMS. KLUG, Mr. KNOLLENBERG, Mr. KOLBE, H.R. 594: Mr. ROTHMAN, Mr. SHAW, Mr. f Mr. LAFALCE, Mr. LATOURETTE, Mr. CAMPBELL, and Mr. MORAN of Virginia. LIPINSKI, Mr. LOBIONDO, Mr. H.R. 601: Mr. WATT of North Carolina. MCINTOSH, Mrs. MALONEY of New H.R. 602: Mr. WATT of North Carolina. DELETIONS OF SPONSORS FROM York, Mr. MARKEY, Mr. MARTINEZ, H.R. 614: Mr. HALL of Texas. PUBLIC BILLS AND RESOLUTIONS Mr. MCHALE, Mr. MEEHAN, Mr. H.R. 619: Mr. ROTHMAN, Mr. BLAGOJEVICH, Under clause 4 of rule XXII, sponsors MENENDEZ, Mr. MILLER of Florida, Mr. DOYLE, Mr. KASICH, and Mr. BONIOR. were deleted from public bills and reso- Mrs. MORELLA, Mr. NEUMANN, Mr. H.R. 620: Mr. SKAGGS. OLVER, Mr. PACKARD, Mr. PORTER, H.R. 681: Mr. RIGGS, Mr. LANTOS, Mr. lutions as follows: Mr. PORTMAN, Mr. QUINN, Mr. CAPPS, Mr. SHERMAN, Mr. DELLUMS, Ms. H.R. 663: Mr. BARCIA of Michigan. 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, WEDNESDAY, JUNE 11, 1997 No. 81 Senate The Senate met at 12 noon and was that the routine requests through the Mr. GREGG. Unless the Democratic called to order by the President pro morning hour be granted and the Sen- leader wishes to go forward, I will pro- tempore [Mr. THURMOND]. ate be in a period of morning business ceed with my morning business. until the hour of 2 p.m., with Senators The PRESIDING OFFICER. The Sen- PRAYER permitted to speak up to 5 minutes ator from New Hampshire is recog- The Chaplain, Dr. Lloyd John with the following exceptions: Senator nized. Ogilvie, offered the following prayer: GREGG, 10 minutes; Senator GRAMS, 10 f minutes; Senator THOMAS, 30 minutes; Almighty God, we begin this session NASHUA, NH, THE BEST PLACE IN Senator LOTT or his designee, 10 min- of the Senate with affirmations of AMERICA TO LIVE great truths: utes; Senator DASCHLE or his designee, You are the Creator, Sustainer and 60 minutes. Mr. GREGG. Madam President, today Redeemer of all. The PRESIDING OFFICER (Mrs. the State of New Hampshire and a You are the Sovereign of this Nation. HUTCHISON). Without objection, it is so number of communities in the State of We are accountable to You for our ordered. New Hampshire were afforded a sin- gular and appropriate honor. The city leadership. f You have called us to serve You. of Nashua, my hometown, where I was We are here by Your divine appoint- SCHEDULE born, raised, and went to school, was ment. rated the best place in America in Mr. GREGG. Madam President, for which to live. The city of Manchester The margin of human error is ever- the information of all Members and on present. and the city of Portsmouth were rated behalf of the leader, today, from 12 the sixth and fifth best places in the We can limit Your best for our Na- p.m. to 2 p.m., the Senate will be in a tion. country in which to live. That means period of morning business. It is the the State of New Hampshire, which is a Without Your help we can hit wide of leader’s hope that the Senate will be the mark. small State—and to paraphrase Daniel able to consider S. 419, the Birth De- Webster, a small State but there are With Your guidance, we cannot fail. fects Prevention Act. Again, this bill is There are solutions to our most com- those of us who love it—received the noncontroversial and the Senate designation of having three of its plex problems. should be able to complete action on There is no limit to what You will do major communities within the State this important matter in no more than identified as the best places to live of if we trust You. 30 minutes. So this is a day for hope, optimism, the top 10 in the country. In fact, only In addition, it is the leader’s hope one other State, Florida, was able to and courage. Set us free of any nega- that we will be able to consider some of tive thinking or attitudes. If You could put three communities in the top 10. the available executive nominations on And, of course, Florida is about 6 or 7 give birth to this Nation, bless us in today’s Executive Calendar. The leader adversities through the years, and give times the size of New Hampshire in also hopes the Senate will be allowed population. us victory in just wars, surely You are to consider these items as we are fast able to help us now if we will trust In addition, no other State was able approaching the July recess. to put two of its communities in the You. Fill this Chamber with Your pres- In addition, the leader wishes to put ence and each Senator with Your top five, and New Hampshire has the all Senators on notice that there is first community and the fifth commu- power. In the name of our Lord and much work to do between now and the Saviour. Amen. nity in Nashua and Portsmouth. Those start of the adjournment, and that of us who live in New Hampshire and f Senators should be prepared to be have enjoyed the fruits of being part of RECOGNITION OF THE ACTING present and working during the next that wonderful community, understand MAJORITY LEADER couple of weeks. And the leader further that this is not an award which is re- thanks his colleagues for their atten- ceived as a result of luck, but it is an The PRESIDENT pro tempore. The tion. able acting majority leader is recog- award which is received as a result of a nized. f lot of hard work and, more important, f a lot of community spirit. We are a MORNING BUSINESS State where people still care about ORDERS FOR TODAY The PRESIDING OFFICER. Under their neighbors. We are a State where Mr. GREGG. Mr. President, on behalf the previous order, the Senate will now we care about how we deal with each of the leader I ask unanimous consent proceed to morning business. other. And, as a result, we have built

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

S5485

.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5486 CONGRESSIONAL RECORD — SENATE June 11, 1997 communities where crime is low, where paying those arrearages—and we are Senator GRAMS and I plan on restrict- education is extremely strong, where going to do it over a period of time—we ing my remarks to 5 minutes. our health care is rated the best in the are going to ask that the United Na- The PRESIDING OFFICER. Is the country, where our mental health care tions run a better shop, that it be more Senator from North Dakota seeking is rated the best in the country, where efficient, that it use those dollars more the time that has been designated in we are rated best in the country for efficiently and that it make sure that the agreement to the minority leader? caring for troubled children, and where it handles those dollars the way Amer- Mr. DORGAN. Yes, that is what I re- we still maintain a State which has no ican taxpayers expect us to handle the quested, Madam President. sales or income tax and delivers effec- dollars that they pay us. Because for The PRESIDING OFFICER. Without tive and efficient and first-class com- every dollar spent at the United Na- objection, it is so ordered. munity services to our citizens. tions today, 25 cents comes from the Mr. DORGAN. Madam President, I And our citizens get involved. It is a American taxpayer. will not consume but a fraction of the State of voluntarism, a State where It is very hard today to go back to 1 hour, and the Senator from Min- people understand if they are going to the people in New Hampshire, my good nesota, Senator WELLSTONE, will con- make their community work well they people who have just been rated so sume a very short amount of time. I have to take the time to be involved in highly as the great place to live by believe Senator GRAMS will then be the local community activities wheth- Money magazine—it is very hard to go recognized. We had a visit about that er it is the local Babe Ruth League or back to them and say, ‘‘Well, we are and I appreciate the courtesy of both of baseball team, or whether it happens to going to give the United Nations this my colleagues. be the arts community or whether it is amount of money for our dues but we f just the process of cleaning up the are not sure where the money is spent, how it is spent, who it is spent on, or A VIGIL ON THE DISASTER main street on cleanup day. RELIEF BILL So I rise to congratulate my fellow whether, when it is spent, it goes to citizens of New Hampshire, to espe- where they say it is going to go.’’ Mr. DORGAN. Madam President, last cially congratulate the cities of Man- To try to correct that, we are asking evening a number of us were here, a chester, Portsmouth, and Nashua, and that the United Nations meet certain good many Senators, as a matter of with a unique emphasis on Nashua in very definable, enforceable bench- fact, were here almost all night holding that it was rated No. 1 and that it is marks. The Senator from Minnesota, a vigil on the issue of the disaster re- my hometown, where I was born and who I notice is on the floor, Senator lief bill that seems ensnarled in, re- raised and went to school, and I am GRAMS, has been a major player in de- grettably, politics as usual. We have very proud that they have done so well. fining those benchmarks, and of course done the only thing we can do, and that I congratulate all of those who make the Senator from North Carolina, Sen- is to apply as much consistent pressure New Hampshire such a fine place to ator HELMS, chairman of the Foreign as is possible to the Congress to say, live. Relations Committee, has been a force ‘‘Do the right thing.’’ And the right of immense proportions on defining f thing is to pass disaster relief for vic- those benchmarks. tims who have suffered natural disas- PAYING OUR UNITED NATIONS But agreement appears to have been ters, especially the flood victims in the ARREARS reached, at least between ourselves and region of Minnesota, North Dakota, Mr. GREGG. Madam President, I the administration. It is an agreement and South Dakota, and get them that wanted to talk a little bit about the which is fair and which gives the aid as soon as is possible. agreement which we are about to United Nations the dollars which they I am not here to point fingers or to reach, it appears, relative to the feel they deserve. But, in exchange for say that there is this side or that side. United Nations and how we are going those dollars, it does require that the For me there is only one side and that to pay our arrears. I chair the Com- United Nations be responsible with the is being on the side of victims of a nat- mittee on Commerce, State, and Jus- management of those dollars and the ural disaster. I know there are a lot of tice, which has jurisdiction over the management of additional dollars that things floating around here, back and appropriations that go to the United we will be giving them in the foresee- forth, with extraneous amendments Nations. At the behest of the majority able future. This agreement, I believe, and so on. I am not interested in poli- will be included in the foreign relations leader, Senator LOTT, and at the re- tics. I am only interested in progress, quest of the Secretary of State, Mad- bill, the authorization bill for foreign speaking on behalf of some people who eleine Albright, myself and Senator affairs, foreign relations, which is were dealt a very serious blow, one going to be coming through—the State HELMS and Senator GRAMS and our they did not deserve but one that they Department authorization. It will be staffs have been meeting assiduously now have to try to recover from, and marked up later this week. one they will recover from when we with Ambassador Richardson’s staff, I just want to express my apprecia- reach out our hand of help to say, ‘‘You and the staff of Secretary Albright. We tion for all the people who worked so are not alone. The rest of the country have made considerable progress. In hard on this. We worked on it for wants to offer you some help.’’ fact, we believe we have reached an about, I guess, now, almost 4 months. During this vigil we held last night— agreement as to how to handle these Fairly aggressive negotiations have oc- my time was from midnight to 3 in the arrearages. curred. I think it is good we have morning—I found myself at 2 in the The basic theme of this agreement is reached an agreement and it is positive that we are going to ask the United for the process and it will immensely morning talking on a nationwide radio Nations to be a better place. We are improve the operation of the United talk show with ‘‘The Trucking Bozo,’’ I not going to ask them to do things Nations, should the United Nations de- guess his show is called. I guess I didn’t which are unreasonable. We are not cide to go along with proposals that we think, when I came to the Senate, that going to ask them to do things which have made. I presume they will because I would be, at 2 a.m., talking to the are political. We are just going to ask they are reasonable proposals. ‘‘Trucking Bozo’’ on a national radio them to do a better job of handling our Madam President, I yield the remain- program. But to the extent I had an op- money. And to assure that, we are der of my time. portunity to talk to truckers across going to set certain benchmarks. The PRESIDING OFFICER. The Sen- this country who were hauling Amer- So, we are going to commit to the ator from North Dakota is recognized. ica’s goods back and forth, I am glad I United Nations; we are basically going Mr. DORGAN. Madam President, let did. I hope they got the message as to give them what amounts to, in my me claim as much time as I may con- well, that most of us want what is opinion, an irrevocable letter of credit sume of the leader’s time and ask right for this country, and what is that we will pay the arrearages as we unanimous consent I may be followed right at this moment is for Congress to see them. The number that we agreed by the Senator from Minnesota, Sen- stop all the extraneous things that are on I believe is significant, and I believe ator WELLSTONE. going on and pass disaster relief. it will be agreeable to the people at the Mr. WELLSTONE. If this would help In the middle of all of these discus- United Nations But, in exchange for in the deliberations, we have talked to sions, however, with the ‘‘Trucking

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5487 Bozo’’ and a call-in radio station in of the Senate could visit with our con- passed a disaster relief bill that will New York and Denver and Boston and stituents in our region and walk away provide you with help so that you can elsewhere across the country, we vis- not having a broken heart from what begin the process of rebuilding your ited with many victims of the disaster. those people face and not have a feeling lives.’’ That is what people are asking One of them last evening, among many of enormous responsibility to help for. No more than that. All of us, if we who shed tears talking about their them in any way possible on an urgent had been flooded out or if we had been plight, was a man named Mark. Mark basis, to help them right now to put faced with some kind of disaster like called from Grand Forks, ND. He has their lives together, there isn’t one this, would also be hoping to get the been out of his home now, I guess, for Member of this body who can resist same kind of help. 5 or nearly 6 weeks. He has not seen his this. Madam President, I, too, last night children, he said, for close to a month. The Senators from Minnesota, Sen- had a chance to talk to people around They are with the grandparents. And ator GRAMS and Senator WELLSTONE, the country on radio and television and his wife, he said, is in the hospital, the Senators from South Dakota, Sen- whatnot. I think that the goal of yes- dying of cancer, with a month or ator DASCHLE and Senator JOHNSON, terday and today, because the Senate month and a half left to live. and the Senators from North Dakota, is not going to really be back con- He, at 1 in the morning, was calling Senator CONRAD and myself, all of us ducting business as usual until we get me to say, ‘‘Somehow it’s unfair for us worked very hard to put the disaster this disaster relief bill passed—that is to be held hostage here. For me, for my package together. We had great co- our commitment, that is how we fight family, for our community, we des- operation from all sides of the political for people in our States—but I think perately need to get the help that is in aisle in the Senate. really the goal is to just press and this bill to put our lives back to- I want to close with this point. While press and press and keep fighting for gether.’’ I am enormously gratified by the co- people, but more with the focus on For this person to come, with all of operation we have had and feel grati- what we can do as opposed to finger the burdens in his life, to call in and fied with the work we did together, pointing and getting personal. urge, once again, the responsible thing when those who now talk about scaling I have talked to enough Republican be done, it really almost breaks your down this bill also talk about maybe colleagues on the majority side who, I heart to know that all of these fami- diminishing the amount of disaster aid believe, even if we don’t agree on every lies, many of whom are now separated, we have already agreed to and fought issue, want to come together, and I some of whom last night said they are so hard to get, I say to them, that is hope it will happen. I think it should living in tents in their front yard be- not a way to solve that problem this happen this week. cause their home was destroyed and is afternoon or tomorrow, by scaling back I think that this particular form of uninhabitable, others living in camper the disaster aid those folks are waiting gridlock is not working well for this trailers, others living in shelters, oth- for. Let’s instead scale back the extra- Congress, and I don’t think people ers living in neighboring towns with neous provisions, scale back and elimi- around the country understand how it families split, having lived like that nate the unrelated amendments, get can be that on a bill which is to pro- for weeks and now wondering, what rid of them and get on with the busi- vide emergency assistance to people, about tomorrow? What about my home ness of this Congress to pass a disaster you get all sorts of other measures that was destroyed? What about my bill, have the President sign it and say dealing with how the Census Bureau job, it’s not there. What about my fu- to Mark, whose wife is in the hospital does its work or dealing with debates ture and asking us, ‘‘Can’t you please and whose children are living with about appropriations bills and the do something?’’ grandparents, that we care about you, budget and all the rest. I think most I will not today and will not in the we want to help you and we want to people believe that when it comes to future say that one side is wrong and help you and thousands and thousands disaster relief, you should try and get the other side is right. We are better of others like you who this morning it to people and keep off the extraneous and they are not. That is not what this didn’t wake up in their homes because measures that are so controversial. is about. It is about Congress doing they are destroyed; we want to help There are a lot of good people here on what it historically always has done on you make your lives whole again. both sides of the aisle. I was asked last a disaster bill. The Congress is a That is part of the culture of this night many, many times, especially unique institution. In a democracy, it country. It is the best instincts of from Minnesota, ‘‘Do you think there is a wonderful institution, and I feel America to reach out and say, ‘‘You’re is going to be some agreement?’’ And I privileged every day to wake up and not alone, the rest of the American said, ‘‘I cannot believe there won’t be.’’ come and serve this country in the U.S. people are with you and want to help I just think it is going to happen. It Senate. But we have rules, very few of you in this time of crisis.’’ has to happen. which in the Senate prevent us from Let’s try to do that today. This Con- The only appeal I would make to my adding things to other bills. On almost gress can pass this bill today, and I in- colleagues on the other side of the aisle any occasion, any day, any way, some- tend to make a unanimous-consent re- is that if, in fact, we are going to be one brings a bill to the floor of the Sen- quest again to do that, as I did yester- talking about scaling back the disaster ate and someone adds an amendment day and the day before. I shall not do relief, I worry about it because we had that is totally extraneous—and they do that at this moment. If we do it today, a very clear definition of what it would it on all sides of the political aisle, and the President could sign it tonight and take by way of emergency assistance— I understand that—but, generally the aid would begin flowing tomorrow, and I use those words carefully—to speaking, on disaster bills, that has not and we would have helped many Ameri- help people get back on their own two been the case. Why? Because disaster cans get back on their feet. feet. This was really a good bipartisan relief bills are different. They rep- Madam President, I yield the floor. effort. That is what we had. I really resent an emergency response to people Mr. WELLSTONE addressed the hope that my colleagues will under- in need. Chair. stand that we are speaking and we are This got caught up in some of those The PRESIDING OFFICER. The Sen- fighting and we are using our leverage issues, and I say let’s decide today to ator from Minnesota is recognized. as Senators in order to get the help to stop that. Let’s take all of these extra- Mr. WELLSTONE. I thank the Chair. people back in our States. We are going neous issues off, pass this bill, get the Madam President, I shall be brief to continue to do that until we, in fact, President to sign it and get help to the today. Let me just build on the com- are able to get the job done. people who desperately need it. I know, ments of my colleague from North Da- So my appeal to my colleagues is: because I come from North Dakota and kota. Let’s have an agreement; take the ex- because that was perhaps the hardest It is my fervent hope, and it is not an traneous provisions off this bill. We hit area—North Dakota, Minnesota, exaggeration to say prayer, that when can debate them separately. We can South Dakota—in these disasters, that I go home this weekend, back to Min- have an up-or-down vote, or if there is I have a very parochial interest in this. nesota, I will be able to say to people, some alternative proposal that people But I am telling you, if every Member ‘‘Congress has acted, and we have have, great. Let’s just try and get the

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5488 CONGRESSIONAL RECORD — SENATE June 11, 1997 help to people, and let’s not delay it joined by my colleagues. I yield first to jority Leader TRENT LOTT and also Mi- any further. the Senator from Minnesota. nority Leader TOM DASCHLE. In that I was asked by somebody back in Mr. GRAMS. I thank my colleague letter, I proposed a compromise I be- Minnesota whether I really liked last from Wyoming. lieve will help speed up the enactment night. I was on the first shift. I said, The PRESIDING OFFICER (Mr. ROB- of the disaster relief legislation, while ‘‘Actually, not so much so. I would ERTS). The Senator from Minnesota is at the same time allowing Congress a rather be doing it on the floor of the recognized. separate vote, without any unneces- Mr. GRAMS. Mr. President, I was Senate. I would rather be in a markup sary delays, on the Government Shut- in committee. But I, as a Senator, will very disappointed by President Clin- ton’s veto of the emergency aid bill, down Prevention Act. In my letters to do everything I can to fight hard for Senators LOTT and DASCHLE, I proposed people in Minnesota.’’ which provided some $5.5 billion in dis- aster relief nationwide, with a major that they consider removing the Gov- I think from talking to colleagues in ernment shutdown provision from the the majority party, we are going to portion of those dollars dedicated to helping to rebuild the flood-ravaged emergency aid legislation with a spe- reach agreement. I believe that, I say cific time agreement for debating and to my colleague from Minnesota, Sen- communities of my home State of Min- nesota and also in the Dakotas. voting on the two issues in separate ator GRAMS. There has to be an agree- pieces of legislation. ment. That is what we have. We have Having been with the President in to make that happen so all of us can go seeing firsthand the damage and the That would allow the Senate to de- despair that was caused by the flood- back to our States and say to people, bate and pass both the emergency flood ing, I cannot believe that he was will- ‘‘We wish this had not been delayed relief bill and the Government Shut- ing to reject our legislation to help and delayed and delayed, but now, fi- down Prevention Act on their indi- support the people of Minnesota and nally, a good bill is passed and we are vidual merits, away from the political the Dakotas as they rebuild their going to get the help to you.’’ That is haggling that has delayed action on homes, communities, and their lives in the goal, that should be the result, and these important bills. the wake of the flood. I was encouraged yesterday to learn I hope that that happens this week. Our legislation sent a very clear mes- of the support for my proposal by Vice That is my appeal to my colleagues. sage that the people of Minnesota have President AL GORE and Senate Minor- I yield the floor. not been forgotten by Congress during Mr. THOMAS addressed the Chair. ity Leader DASCHLE. Their announce- this critical time, but the President’s The PRESIDING OFFICER. The Sen- ment of support clearly shows that veto suggests, however, that some in ator from Wyoming is recognized. there is room for negotiations to rec- Washington need to have their memo- f oncile our differences and to deliver ries refreshed. DISASTER RELIEF AND PRE- I am particularly disturbed by the the flood assistance to Minnesota and VENTING A GOVERNMENT SHUT- fact that the President used as his pri- the Dakotas. DOWN mary excuse for vetoing the emergency I have also been in negotiations with Mr. THOMAS. Madam President, we flood relief bill our inclusion of a meas- the majority leader, who expressed his have asked to set aside a little time ure to protect flood victims in Min- intention to consider a number of dif- this morning to talk about the issue nesota and Americans everywhere from ferent alternatives, including mine, on the Senator from Minnesota talks a potential Government shutdown later how best to move ahead and deliver about. Each of us wants to find a way this year. flood relief. to get help to people who need it as a For reasons I have repeated on this I am going to continue to work close- result of the disaster. I think there are floor many times, I believe that deliv- ly with both Senators LOTT and a number of issues involved. I believe ering emergency aid to flood victims DASCHLE, as well as my other col- as we move toward a solution, it is use- and keeping the Government open for leagues in the Senate, to expedite this ful to talk about those things. business during the rebuilding process process. From the events of the last 2 Certainly, there are legitimate con- must be our twin goals at this time. days, I am optimistic that the two cerns on both sides of this bill. I am Just as the emergency flood relief sides are closer to a reasonable settle- satisfied that our leadership is now serves as an assurance to Minnesotans ment than anyone in the media may be putting together something that will that their urgent needs will be met, suggesting. be presented, hopefully that will be ac- our efforts to keep the Government ceptable. from shutting down will also give them Now we must take action to bridge I think it is well to recognize that we a guarantee that any budget squabbles the gap and ensure the delivery of want to get this disaster aid out, but that happen to pop up here in Wash- emergency disaster relief and the con- there are certain things that are very ington will not affect our long-term ef- tinued protection of the American peo- important, as in any discussion, to forts to help rebuild our State. And ple from a Government shutdown. both sides. One of them is to get some- that is an assurance we can’t afford to At the very least, my proposal has thing in that avoids the human dis- go without. opened the negotiation process to move aster that might well happen in the fu- By vetoing our flood relief bill, the ahead on these important issues post- ture if we had another shutdown of the President indicated that having a leg veto. Again, while I am disappointed Government. So this can be one of up in this year’s budget debate is high- that the President chose to veto emer- those things. er on his priority list than delivering gency flood relief, I hope that he will There also has to be an under- flood assistance to those who need it. not shut the present window of oppor- standing, of course, on an issue of That was wrong, but, as we know, it tunity to try to work together to find where there are different points of view cannot be changed. The people of Min- some common ground. that both sides have to be willing to nesota and the Dakotas already know Certainly, my constituents in Min- make some accommodation. The idea how well Washington politicians can nesota, who have already suffered so that somehow you can’t do anything talk, and they don’t want any more much at the hands of the flood, cannot unless the President approves is not talk; they want some action. afford inaction. the system we have here. We have a di- Stopping our work in the Senate and vided Government. We have the Presi- blocking us from taking action on any- As flood victims in Minnesota begin dent with authority to do what he does thing accomplishes nothing. Positive, rebuilding their homes, their neighbor- and the Congress with the authority to constructive action is what the Senate hoods, their businesses, and their lives do what they do. When they come to a should be working on to deliver. There- in the wake of the flood, they need our conflict, there has to be some move- fore, I urge my colleagues to join me in assurance that the Federal Govern- ment and not simply a pronouncement working to ensure that flood relief gets ment will deliver the aid that it prom- that the President doesn’t like that out of Washington and that it gets into ised. and, therefore, it won’t happen. That is the hands of the people of Minnesota Flood victims also need to know that not the way it works. and the Dakotas as quickly as possible. the Government will be there through- So, Madam President, we would like Immediately after the veto was an- out the year to meet their urgent needs to talk a little bit about that. I am nounced, I wrote letters to Senate Ma- as their rebuilding progresses.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5489 Our efforts to keep the Government ers of the business community, the cause it has all been destroyed. And open for business will also help give head of the chamber of commerce, these people are asking for one thing, a Minnesotans a guarantee that budget leaders of other parts of the Grand chance to get their lives back in order. squabbles in Washington will not affect Forks community, people from the They have had the worst winter in the long-term efforts to rebuild our medical school. And their message was our history followed by the most pow- communities. clear and unencumbered. They have erful winter storm in 50 years that de- Now, I know we may have reached a asked Congress to send a clean disaster stroyed the electrical grid that served budget agreement in overall numbers relief bill to the President without un- 80,000 people. They were without power and terms, but a lot of the debate will related measures, and to do it now. for nearly 10 days, in the midst of 40- continue. And there is still the possi- That is their request. degree below weather, and then they bility of an agreement not being The message was powerful and com- get hit by the 500-year flood, and then reached on every part of that budget pelling. People who have had every- by the worst fire in our State’s history. this fall which could lead to a possible thing lost, people who evacuated their Now they are hit by a disaster of a Con- Government shutdown. It has happened homes at 1 o’clock in the morning and gress that fails to act. before; it could happen again. who have not returned since, a city of In light of that, we want to provide 50,000, 95 percent of whom were evacu- Never before in the face of a disaster assurances to these victims of the flood ated, with 80 percent of the homes in have we diddled for as long as we have this spring in Minnesota and the Dako- that community devastated. That is diddled on this disaster. People are tas that they would not come up short the reality that we are living with. asking for help. And this is the condi- this fall, they would not face a stop in Mr. President, this chart says it, and tion of their lives. the work that they are trying to do in says it clearly: Disaster Victims Held This is a picture of the business dis- rebuilding their lives. Hostage, Day 20. This is just since this trict. It is not just the homes, but it is Under my compromise proposal, Congress took the Memorial Day break the businesses that have been de- checks would continue to go out and without acting. Twenty days of inac- stroyed. contracts would be honored this year— tion after a bill to provide disaster re- I ask my colleagues, if you were in in spite of what happens in Wash- lief was completely agreed to. this circumstance wouldn’t you expect ington. And that is an assurance we The disaster provisions were agreed this body to act, wouldn’t you expect a cannot afford to go without. to by Democrats, by Republicans, and response, wouldn’t you expect some In announcing the President’s veto, by the President. It is these unrelated help? the White House spokesman said that measures that were stuck into this dis- This is another picture of what peo- ‘‘Americans in need should not have to aster relief bill that have hung things ple are going through each and every endure further delay.’’ I could not up. The people that I represent say, day now in Grand Forks and East agree more with that statement. ‘‘Take them out. Quit playing politics The people of Minnesota and the Da- with the lives of people. Quit holding Grand Forks—piles of garbage. This kotas cannot afford for Washington’s hostage thousands of people to a polit- water is not just rainwater, this is budget politics to stand in the way of ical agenda. Get the disaster relief water that is putrid. You fly over it, the rebuilding that has already begun. where it’s needed, and get it there and it stinks because it is filled with Now that we have a starting point, let now.’’ every imaginable awful thing. And us move ahead and pass the emergency Mr. President, this is a sign that a every home and every business is just disaster relief we promised. And let us resident of Grand Forks put out on destroyed. All of the things that are in do it as quickly as we can. their lawn after Congress decided to there have to go. Thank you very much, Mr. President. take a break without passing disaster This is again a picture of what is out- I yield back my time. relief. It says, ‘‘Hey, Congress! Spend side one of the commercial buildings, The PRESIDING OFFICER. Who your break here!’’ And here is some of and a tremendous amount of destruc- seeks time? the refuse from the disaster in their tion. We are going to take years to re- Mr. CONRAD addressed the Chair. front yard. You can see the garbage build. We do not have much time. The PRESIDING OFFICER. The Sen- bags piled up as people try to rebuild We have a short construction season ator from North Dakota is recognized. their lives. in our part of the country. By October Mr. CONRAD. Mr. President, first of I have a series of photos here that try 15 outdoor work will have to be com- all, I feel I need to respond to the to bring this back to what this is really pleted. So we do not have time for po- statement about the President’s ac- about. It is not about how we take the litical games to be played here in tion. The President did not include un- census in the year 2000. It is not about Washington. related items in a disaster bill. It is not some budget dispute. This is about peo- Let me again repeat the message his fault that we are in this cir- ple who have been devastated and need from the people that I represent. cumstance. It is the fault of those who help. ‘‘Please, Congress, pass a disaster relief decided to put unrelated items into a This is a picture from Grand Forks. bill without these unrelated measures disaster relief bill. This is the downtown area that not so the aid can start to flow.’’ f only had a 500-year flood, but had a fire that devastated three entire city Some have said, ‘‘Well, nothing is THE DELAY IN DISASTER blocks. Here is some of the refuse that being held up. There’s money in the ASSISTANCE remains from that disaster. pipeline.’’ Last night we heard from Mr. CONRAD. Mr. President, I rep- Go to another picture that shows the people of Grand Forks. And what resent the State of North Dakota. And what is happening in terms of Grand they said was very clear. There is not our State has been absolutely dev- Forks, ND. Here is a downtown area, money in the pipeline. There is con- astated. We have people, thousands of one of the buildings that burned up in crete in the pipeline, because the people, who are still sleeping on cots 54 the fire, all the rubble that is there. It money is not getting through. There is days after the disaster occurred. Fifty- is staggering. You go through the city no money for the buyouts and reloca- four days after the dikes broke, we still of Grand Forks, it looks like a giant tion of the homes and businesses that have thousands of people on cots, peo- junkyard. have been destroyed. There is no ple living in cars, people whose homes Here is what you see as you go up and money in that pipeline. There is no and businesses have been devastated. down every street in residential Grand money in the pipeline to help the And they cannot understand why Con- Forks—every street, because 80 percent ranchers who have lost hundreds of gress fails to act. of the homes were damaged in this thousands of head of livestock. There is Mr. President, last night we had a town. This is what you see on every no money in that pipeline. There is no linkup via computer with people who boulevard. All of the contents of these money in the pipeline for the school are the leaders of the Grand Forks homes, the washers, the dryers, the districts that have taken the kids from community—the mayors of Grand carpeting, the furniture is not in the the disaster areas. There is no money Forks and East Grand Forks, the lead- home, it is out here on the street be- in that pipeline.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5490 CONGRESSIONAL RECORD — SENATE June 11, 1997 The Governor of South Dakota, Re- sity, she has provided extraordinary Perhaps you should visit here and see and publican by the way, said: On a dis- leadership. Let me just make clear she feel the pain and devastation. Spend 3 days aster bill you ought to deal with disas- is not a partisan. To my knowledge she here, and you will soon understand why peo- ters. He said: For those who say noth- is not a member of either political ple are depressed and the anxiety level is ex- treme. We are stressed out. ing is getting hung up, that’s just party. I have no idea what her political Also, I am sure that if this disaster had hit wrong. And not just he said it, a Re- identification is. She has always said your district, you would want to pass the publican Congressmen from Minnesota, she is an independent, that her hus- legislation with a sense of urgency. That’s JIM RAMSTAD, said: Those who say band is a Republican. That is as much all we expect. there’s money in the pipeline are being as anybody knows about her legal af- What this means to me and my family: Re- disingenuous at best. There is no filiation. lief from the flood of the century. It brought money for housing. There is no money Here is what she says: flood waters into our community, our house and six rental properties I own and manage. for buyouts and relocations of the I urge you to strip all of the controversial Indeed, the amount of damage I have sus- homes and businesses that have been amendments from the disaster aid bill and tained is mind boggling. I’m on the brink. destroyed. There is no money for sew- send the humanitarian emergency provisions We urge you to pass the disaster relief bill age systems. There is no money for of the bill to the President for his signature. today. Please don’t delay another day. We roads. There is no money for a whole That is what she says. She continues: can’t wait. series of things that desperately need We are grateful for the emergency aid pro- I have hundreds, if not thousands, of resources. visions included in this bill. These provi- letters like this from people out there This is the Republican Governor of sions, especially funds for the Community who are asking their Government to South Dakota. He said, ‘‘If you’ve got a Development Block Grant program, will be respond. These people are proud people. disaster bill, you ought to deal with a essential for Grand Forks to be able to re- They are independent people. They are cover and rebuild. North Dakota’s short con- disaster.’’ He was complaining about struction season dictates that we must take hard-working people. But they have the congressional leaders here for action quickly to rebuild and relocate homes been hit with a series of disasters un- sticking controversial measures in a away from the floodplain. precedented in our State’s history. disaster relief bill. And he has it ex- But the political fight over provisions un- The worst winter ever, followed by actly right. For those who say nothing related to disaster relief have stalled this the most powerful winter storm in 50 is being hung up, ‘‘ * * * Janklow said bill and delayed the recovery process for years, followed by a 500-year flood, fol- the delay in the legislation is blocking Grand Forks and other cities in the Red lowed by a fire in the midst of flood River Valley. This disaster aid is needed that destroyed much of the town of reconstruction of sewage facilities, now. We are simply unable to make decisions highways and a State-owned rail line about how and if we will be able to rebuild Grand Forks, a city of 50,000 people in South Dakota.’’ our city without knowing the extent of Fed- that had 95 percent of that town evacu- Mr. President, this is how the flood eral resources available. We need funds now ated. That has never happened in victims feel. for housing, for buy-outs and relocation and America’s history, a town of that size This is from the largest newspaper in homes of businesses, for roads and bridges, completely evacuated. The town right our State. The headline is very clear: for school districts and many more urgent across the river, East Grand Forks, in ‘‘You are playing with our lives.’’ Let needs. With each passing day thousands of Minnesota, a city of 9,000, was entirely me just read what this disaster victim residents of Grand Forks and other commu- evacuated. We are not going to be able nities are unable to get on with their lives said: and are forced to live in shelters, in govern- to rebuild much of these towns. Many Ranee Steffan has strong words for mem- ment-issued trailers, or with relatives. of these homes are just absolutely de- bers of Congress who think flood victims can Again, thank you for the emergency provi- stroyed. Those homes need to be torn wait while bickering continues in Wash- sions included in the disaster aid bill. I urge down. They represent a health hazard. ington . . . you to strip the controversial, non-disaster The businesses, too, need to be torn ‘‘You are playing with our lives’’ . . . [she related measures from the disaster bill and down. We need to move back from the was speaking] from the sweltering travel send the humanitarian emergency provisions river to a more defensible location, but trailer she and her family now call home. to the President for his signature. that cannot happen until and unless ‘‘This isn’t some game. . . . [She said] You This was the elected leader of the should come here and walk in my shoes for this Congress acts. a day.’’ city of Grand Forks. I just conclude by saying when the Homeless for a month, out of work and Last night, we heard that identical shoe is on the other foot—and I have bounced from one temporary shelter to an- message from the head of the chamber been in the Senate 10 years—we were other, the wife and mother of two is fed up of commerce, from other leaders of the ready to help. We never delayed any- with lawmakers who she believes think[s] business community, from people from body’s disaster bill ever. I never even Grand Forks residents are ‘‘getting along all walks of life, a member of the police thought of adding controversial provi- just fine.’’ department, a member of the city sions to a disaster bill that someone They are not getting along just fine. works department, all of them talking else needed. I just ask our colleagues to We had one of our colleagues say, to people across the country via sat- give us the same chance and extend the ‘‘Well, we can send you a bunch of ellite as they told their story, what has same respect to our constituents. They trailers.’’ happened in their community, and desperately need help and they need it People in North Dakota do not see what they are asking for now. now. trailers as a long-term answer to their It has been 83 days since the Presi- I thank the Chair and I yield the housing needs. Frankly, trailers in a dent asked for disaster legislation. It floor. North Dakota winter are not a very ac- has been 53 days since the dikes broke. The PRESIDING OFFICER. The Sen- ceptable form of housing. We need to It has now been 20 days—20 days—since ator from Wyoming is recognized. rebuild housing, housing that can with- Congress agreed to a disaster package f stand a North Dakota winter. We do but left town without enacting it be- not need a bunch of trailers sent to our fore the Memorial Day recess. EXCESS SPENDING IN DISASTER part of the country. That is not the an- Let me just read part of a letter from RELIEF swer to what we face. one of my constituents: ‘‘The people Mr. THOMAS. Mr. President, I claim We have heard a lot of talk about here have no homes, no jobs, and no the time we had to talk about how to what is happening and what is not hap- other homes to go to. They have no get this job done. We have talked for pening, what people out there are ask- toys, no bikes, no clothes, or anything some time about the need. Now the ing for, what they are not asking for. else for their children, and you go question is, how do we now find a vehi- How about hearing from the people out home for a break. What are you think- cle to get that done? That is what we there. How about listening to them. ing of?’’ ought to be spending our time talking This is the mayor of Grand Forks in That is a sample of the literally hun- about. a letter to Senators LOTT and DASCHLE, dreds of letters that we have gotten Let me yield to my friend, the Sen- this courageous mayor who has be- from the disaster area. ator from Colorado. come, I think, an inspiration to the This is a letter from another con- The PRESIDING OFFICER. The Sen- country because, in the face of adver- stituent: ator from Colorado is recognized.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5491 Mr. ALLARD. I thank the Senator Just as importantly, this bill is diate issues, I think our basic strate- from Wyoming for yielding. about preventing another disaster, the gies are well conceived, and we have In my view, we have had a long- manmade disaster of a Government good people in the military and the standing problem in the Congress with shutdown. This seems to be nothing Foreign Service working on them. I am emergency appropriations, supple- more than a political move by the in the process of drafting a trip report mental appropriations, or so-called dis- President designed to ensure that he that will address them in much more aster bills. The problem has been—and can shut down the Government again, detail. truly there has been a disaster such as just as he did before when we were try- But we in Congress must first take in North Dakota and Minnesota with ing to balance the budget. up a different issue; that is, whether to the Red River flooding, and that is le- This is the same strategy we have support the President’s decision to gitimate. But then built on top of that seen from the President before. He im- renew China’s MFN status. So I will re- is a lot of spending that has nothing to pedes, stalls, and ultimately vetoes any turn to the floor in coming days to dis- do with the emergency nature of this compromise we reach, playing political cuss the basic security, trade, environ- piece of legislation. games with public safety, and the pro- mental, and humanitarian issues we I went on ahead and supported this ductivity of our Federal employees. He face in China and in East Asia gen- supplemental appropriations bill even then tries to get political mileage out erally. But today I will concentrate on though I had some concerns about the of it by blaming the majority in Con- MFN status—why it is legally right; amount of spending that was in the gress. When an agreement is finally why it is morally right, and why, given bill. In my view, the truly emergency reached, I have no doubt he will take our compelling interest in issues like provisions that are in there run in the credit for that, too. security in Korea, more fair and recip- dollar range from $2.5 to $4 billion. The I find it ironic that the President rocal trade with China, and a smooth bill is an $8.6 billion bill. said during his State of the Union Ad- transition for Hong Kong, it is right for The only thing that made me go dress that the Federal Government our national interest. ahead and support this particular piece should never be shut down again. LEGALLY RIGHT of legislation is a provision in there Why, then, does he now veto a bill First, renewal of MFN status is right that said that we would not shut down that does exactly that: Ensure that the under our law. The Jackson-Vanik law, the Federal Government. I felt it was Government won’t be shut down again? which has governed renewal of MFN an appropriate bill. I did not particu- The continuing resolution portion of status for nonmarket economies since larly like all the spending that was in this bill has ensured that Congress and 1974, is the main law in place. It condi- there, but I wanted to get something the President will be allowed to con- tions MFN on two things: the existence moving ahead so that we could take tinue budget negotiations in good faith of a bilateral commercial agreement, care of the needs of the people in North without harming the taxpayers or Fed- and freedom of emigration. Under the Dakota and Minnesota. eral employees and their families. law, the President’s choice is clear. We Mr. President, I am disappointed that The President needs to put partisan have a bilateral trade agreement the President chose to put politics politics aside and focus on what is good signed with China in 1980, and China al- ahead of people. I kept this need to for our country. lows free emigration. Therefore, as a take care of those people in mind, even I yield the floor and I suggest the ab- legal matter, the President was right though I was not entirely happy with sence of a quorum. to renew MFN and we should back him the bill. I am disappointed he took The PRESIDING OFFICER. The up. such a narrow view. By vetoing the 1997 clerk will call the roll. MORALLY RIGHT supplemental appropriations and re- The bill clerk proceeded to call the Second, renewing MFN status is mor- scissions bill, he has actually delayed roll. ally right. At times, people in Wash- its progress after the Congress has Mr. BAUCUS. Mr. President, I ask ington are tempted to see a vote to re- moved ahead. This bill would have pro- unanimous consent that the order for voke MFN as something which might vided funding for future disaster relief the quorum call be rescinded. promote human rights in China. This is needs and ensured that we would not The PRESIDING OFFICER (Mr. a fine sentiment. People who advocate face a disaster of another Government GREGG). Without objection, it is so or- revoking MFN status to promote shutdown. dered. human rights are very well inten- Now, the majority was accused by Mr. BAUCUS. Mr. President, might I tioned. But the effects of revoking the minority of being ‘‘hard headed and ask, are we in morning business? MFN would be the opposite of what cold hearted’’ for not submitting the The PRESIDING OFFICER. That is they intend. bill to the President sooner. I cannot correct. To revoke MFN status, very simply, imagine how outraged they must be f is to raise tariffs from Uruguay round now that the President has vetoed the to Smoot-Hawley levels. To take one MFN STATUS FOR CHINA bill. I hope that those who promised to example, that means raising tariffs on tie up the Senate until this bill is Mr. BAUCUS. Mr. President, over the toys and stuffed animals from zero to passed are now willing to fight just as Memorial Day recess, I made a week- 70 percent overnight, again, automati- hard to override this veto, thereby pro- long trip to East Asia. This included cally, from zero to 70 percent tariff viding funding for disaster relief and stops in Seoul, South Korea; overnight. That hits one of China’s ensuring that there will not be another Pyongyang, North Korea; Beijing, major exports to the United States, at Government shutdown. China; Hong Kong, as well as Misawa about 6 billion dollars’ worth last year. Let’s be clear, this bill is not about Air Force Base in Japan. I spent most And who makes them? On the whole, holding up money for the flood victims, of my time on the three issues of most it’s young Chinese working people try- as some have suggested. Flood victims immediate concern to us in northeast ing to improve their lives. are currently receiving disaster relief Asia this year. First, food and security What would happen if we revoke from FEMA, the Federal Emergency problems on the Korean Peninsula; sec- MFN status? The result should be obvi- Management Agency. To date, FEMA ond, the negotiations over China’s ous. Millions of innocent Chinese work- has already allocated over $150 million entry into the World Trade Organiza- ers in toy factories and in other walks to victims of the flood. Almost $40 mil- tion; and third, Hong Kong’s transition of life would lose their jobs. The Chi- lion in housing assistance checks have to Chinese sovereignty, now less than 3 nese Government would certainly be been issued to more than 21,000 flood weeks away. hurt, but it would still be there the victims. In addition, the Small Busi- I also discussed longer term issues, next day. But the lives of these work- ness Administration has approved more including environmental protection, ers would be ruined. So, far from im- than $75 million in disaster loans. human rights, and United States-China proving human rights, revoking Chi- In short, the flood victims are being security relations. These are complex na’s MFN status would cause immense cared for. This bill replenishes funds subjects, with great implications for human suffering in China. for FEMA and ensures stability for fu- our national interest in all sorts of Of course, that would discredit our ture disaster funding. areas. With respect to the three imme- human rights efforts with the Chinese

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5492 CONGRESSIONAL RECORD — SENATE June 11, 1997 public. No rational person can expect tional 3 trillion tons will come from In Washington: anyone in China to thank us for harm- China. That is, one-third of all green- Chairman William Roth, and Jane ing their economy and inflicting mis- house gas emissions in the next 20 Butterfield of the Finance Committee staff; years, if nothing is done, will come Lt. Col. John Wohlman, who served as my ery on them, their families, or their military escort officer in Seoul, Pyongyang fellow citizens. from China. and Beijing; By contrast, if human rights is our We have a chance now to moderate Assistant Secretary of Defense Dr. Frank- motivation, MFN is an irreplaceable that trend. And a political crisis lin Kramer and Rear Admiral William part of an effective policy. As the De- caused by revoking MFN would make Wright, who gave me a very enlightening mocracy Wall activist Wang Xizhe— that mutually beneficial effort very brief on Korean security issues and our mili- until recently, a political prisoner— difficult. tary dialogue with the Chinese armed serv- says: VIEWS OF OUR FRIENDS AND ALLIES ices, and Col. Martin Wisda of the POW/MIA Our own common sense should tell us office; The goal of exerting effective, long-term Charles Kartmann, Deputy Assistant Sec- influence over China can only be achieved by that China is a key player on all these retary of State, Howard Lange, State De- maintaining the broadest possible contacts issues. Wantonly picking a fight with partment China Desk Director and John with China, on the foundation of MFN, thus the world’s largest country by revok- Long of the State Department’s East Asia causing China to enter further into the glob- ing MFN status, when only 6 countries Bureau; al family and to accept globally practiced in the world lack MFN status and 151 Peter Scher of the U.S. Trade Representa- standards of behavior. countries actually get tariff rates bet- tive on the state of our agricultural trade A long-term policy may emotionally ter than MFN, would be foolish. talks with China; and be hard to accept. There are real And our allies tell us the same thing. Teri Patin and the staff of the State De- human rights problems in China: About During my trip last month, I met top partment Office of Congressional Travel. 3,000 political prisoners remain in jail, In Seoul: national security officials in the South With the U.S. Embassy: strict limits on freedom of assembly Korean Government. I spoke with sen- Charge d’Affaires Richard Christiansen, an exist, very severe policies in Tibet. We ior officers of the Japanese Self-De- extremely capable and knowledgeable public would like to solve them all in a day, fense Forces. And I met with Chinese servant who is one of our country’s real ex- but the fact is, that won’t happen. Only dissidents and democratic political perts on Korea; and by staying the course, staying involved leaders in Hong Kong. Larry Robinson, Political Officer and my through trade and human exchange, as These are our friends, our strategic Control Officer. Larry worked hard on very well as diplomacy, can we hope to allies, people we work with every day, short notice to arrange my schedule, and make a difference. people who wish us well. Not a single gave me some very good advice about China as well; and RIGHT FOR THE NATIONAL INTEREST one of them supported revoking MFN David Schoonover, Agricultural Minister- Finally, we are Americans first, and status. To the contrary, they all felt Counsellor. we are responsible to the American that a good relationship between the With US Forces—Korea: public on our policy decisions. And re- United States and China is crucial. Gen. John H. Tilleli, Commander of US newing MFN status is right for our own The right course to take, therefore, Forces—Korea; national interest. is very clear. From Korea to human Gen. George W. Norwood and the other USFK officers, who helped brief me on the Security issues are an example. I can rights to global warming to Hong Kong and Taiwan and trade, we have very se- security issues we face in Korea; and say from firsthand experience that we The Korean-American Cowboy Association have a very complex, very dangerous rious issues to discuss with the Chi- for inviting me to the Memorial Day Rodeo situation at hand in the Korean Penin- nese. And the annual MFN debate is an to meet and talk with some of our enlisted sula. artificial, unnecessary crisis that men and women. North Korea is a politically isolated makes results on all of them more dif- At Misawa Air Force Base in Japan: government, with very severe food and ficult. Gen. Bruce Wright, USAF; and So we should not debate this ques- Col. Mark Rogers, USAF. economic problems, and a large and In Beijing: well-armed military machine. We have tion into the misty and indefinite fu- ture. Instead, we should back up the Ambassador Jim Sasser and the other par- a commitment to joint defense of ticipants in the Country Team Briefing; South Korea, we Americans and the President this year, renew China’s Kelley Snyder, Second Secretary, Eco- South Koreans, and we have 37,000 men MFN status, and when China faces up nomic Section. Ms. Snyder was principally and women permanently on the line to its WTO responsibilities, then make responsible for arranging meetings with Chi- just a few miles south of the DMZ. We MFN permanent. nese political leaders, and officials from the owe it to them to pursue a very seri- Mr. President, I ask unanimous con- National Environmental Protection Agency, the Agriculture Ministry, the People’s Lib- ous, responsible policy that can keep sent that an acknowledgement on the East Asia trip be printed in the RECORD eration Army, the Trade Ministry, the For- the peace and ensure a swift victory if, eign Ministry and the Hong Kong and Macao God forbid, there is any conflict. And at this point. There being no objection, the mate- Office of the State Council. Chinese cooperation is absolutely es- Bill Brant, Agricultural Minister, who han- rial was ordered to be printed in the sential to that. Deliberately antago- dled the Embassy’s participation in the RECORD, as follows: nizing the Chinese Government and Mansfield Pacific Center Conference on Food armed forces by revoking MFN will not SENATOR MAX BAUCUS—ACKNOWLEDGMENTS Security and Agricultural Trade, and helped ON EAST ASIA TRIP help at all. make it a resounding success; Mr. President, we in Congress oversee the Jim Brown, the Embassy Interpreter. We are also responsible to our own work of government. It’s our responsibility In Hong Kong: people to make trade with China more to eliminate waste. Fix what’s broken. Find Consul General Richard Boucher; fair, more reciprocal, and more bene- what’s wrong. That’s an essential part of the Scot Marciel, Economic Officer and my ficial to our country. We have an op- job. But every once in a while, we ought to control officer. Scot helped me arrange portunity to do that this year by bring- stop and remind ourselves what’s right. And meetings and gain an understanding of the ing China into the World Trade Organi- today I’d like to take a few minutes to do spectrum of Hong Kong opinion on the tran- zation on a commercially acceptable that. sition; I recently returned from a week-long trip Dr. Douglas Spelman, Chief of the Eco- basis. Cutting off MFN status would to South Korea, North Korea, Beijing and nomic and Political Section; put us on the opposite track: it would Hong Kong, with a brief stop at Misawa Air Robert Tynes of the Consular Section and balance trade at close to zero, cutting Force Base in Japan as well, on official busi- his staff, who handle a tremendously busy off jobs and prosperity here as well as ness for the Finance Committee. and important office very efficiently; and in China. In the future I will make a more formal re- Victor Chan of General Services. As we look into the next century, we port to the Committee on these visits. But Our country has a lot at stake in all these must work to slow global warming, setting the policy issues aside for a moment, places. We face some difficult issues, and in ocean pollution, and the loss of bio- this trip reminded me once again that both the case of Korea some very dangerous ones. here in Washington and overseas we have But I must say that we have some very good diversity. To take just one statistic, in talented, patriotic people who are doing people on the job. I could not have had better the next 20 years, world greenhouse their very best for our country. And today, I advice on setting an itinerary, more efficient emissions will grow from 6 to 9 trillion would like to take some time to thank for logistical help in scheduling it, and more in- tons a year. Fully 1 trillion of the addi- helping to make my trip a success. formed briefings than I received from them.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5493 They have my gratitude, and America is real construction work in the Dakotas The PRESIDING OFFICER. Ten min- lucky to have them. and Minnesota. We have no more than utes twenty seconds. Mr. BAUCUS. Thank you, Mr. Presi- 120 to 125 days. In some cases it is less Mr. DORGAN. Mr. President, let me dent. than 100 days depending on the kind of follow on his remarks just for a few Mr. President, I suggest the absence construction project they are consid- minutes and read a couple of letters of a quorum. ering. So the bottom line is that if you from some folks because, after all, this The PRESIDING OFFICER. The do not get started soon, you miss an is not some theory or some debate clerk will call the roll. entire construction period in the about policy. It is a discussion about The bill clerk proceeded to call the northern part of our country. how this issue impacts the lives of citi- roll. That is why it is imperative that zens. I thought it would be useful to Mr. DASCHLE. Mr. President, I ask these people know exactly how much read a couple of the letters that we unanimous consent that the order for money they can expect so they can have received. the quorum call be rescinded. budget for purposes of letting contracts This is a letter from a fellow in The PRESIDING OFFICER. Without and making plans on infrastructure. Grand Forks, ND, who writes, ‘‘The objection, it is so ordered. There are going to be projects that are people here have no homes, no jobs, no f going to require more than 1 year. The other homes to go to. They have no toys, no bikes, no clothes, nor anything THE ALL-NIGHT DISASTER VIGIL mayor of Watertown said she felt that it is going to take 2 to 3 years to deal else, for that matter, for their chil- Mr. DASCHLE. Mr. President, I want with all the infrastructure problems dren.’’ to take a couple of minutes of the time that are out there. And he says, ‘‘You go home and take allotted to thank so many of our col- So there is no doubt that we are not a break for Memorial Day recess,’’ ad- leagues from both sides of the Congress going to be able to deal with all of the dressing that to the Congress. He said, for their participation in our all-night problems we have right now. But we ‘‘I am very angry at the way people are vigil last night. are going to be able to prioritize as playing with the disaster relief bill and We began at 6 o’clock yesterday soon as we know what the budget is. the lives of the people who need help evening and worked through until 9 We are going to be able to let con- now. They have no right to delay this o’clock this morning, nonstop. We had tracts. We are going to be able to ad- bill or add to this bill. They want to about 25 Senators who participated, dress these needs one by one and make add things, add more money. We will Senators from all over the country, some effort at trying to resolve the not have enough money even with this and some Senators from States that most difficult priorities first—the most bill to repair our lives.’’ were not affected by the disaster, not contentious and problematic issues This is a letter from someone named included in the supplemental legisla- that many of these people have to deal Tim, who is a disaster victim. ‘‘I am a tion. We had Members of the House of with. victim of the flood of 1997, as well as Representatives who participated and So, Mr. President, I think it is so my family and friends and businesses came all the way over to express their critical that we get on with this legis- who are victims of the flood. As you concern and to participate. I am told lation, that we pass it, and that we know, we have suffered a great deal, we had close to 50 Members of Congress take out the extraneous legislation. and as long as you continue to stall on who participated throughout the night. I indicated that we would be more the legislation for disaster relief our Many of them stayed up all night. I than happy—and I will repeat it again pain and suffering is prolonged. Per- myself had the opportunity to get a this morning—to work with leadership haps you should visit here and see and couple hours of sleep. on both sides of the Congress and with feel the pain and devastation. Spend 3 Especially, I want to thank all of the our Republican colleagues in particular days here and you will soon understand leadership committee staff for the tre- to design a way in which to have a why people are depressed and why the mendous job that they did, the DTCC time certain to consider these provi- anxiety level is extreme.’’ He said, ‘‘We staff, the DPC staff, certainly the sions with even an amount of time to strive to help each other out in this steering coordination people, and my be debated. We could even perhaps con- country in times of need. Americans staff in the leadership office. They de- sider limitations on amendments—I am like to spread the burden of disaster serve our commendation and a heart- not suggesting that today—but perhaps among everyone. That is what it means felt thanks for all of the work they did even an amendment limitation in an and that is why it makes us a great in bringing this about. We had the op- effort to expedite consideration of country, and we need your help now. portunity, as some of my colleagues these extraneous matters. The two On behalf of my family, my wife, our have already noted, to talk to people most contentious, of course, are the two daughters, we need your support.’’ around the country and express to census and the continuing resolution. Rodney and Judy wrote this letter to them our sincere hope that they know They are the ones that we would want the Congress and to the President. ‘‘We how hard it is sometimes to get this to find a way in which there could be a were evacuated from our homes on the legislation back on track, but also rec- separate debate, a date, and a time cer- 19th of April 1997. It sat under water for ognize how desirous we are of making tain for consideration and ultimately a a period of 10 to 12 days with 56 inches that happen soon. vote. Let’s do that. We can do it simul- of sewer and flood water on the main I have had the opportunity to talk to taneously with the passage of the dis- floor of our home. Currently the house Senator LOTT this morning. I am hope- aster bill. But that would allow us the is sitting empty because we are waiting ful that as a result of our conversation opportunity to move forward even this on a bill to be passed by Congress pro- and the conversations that I know he is afternoon. viding flood relief. I am a staff ser- having with other Members, especially So I am hopeful that we can accom- geant in the Air Force. My wife and my on the House side, that we might actu- plish that. I am hopeful that perhaps child also happen to be from Grand ally find some way to reach an agree- now in the last 24 or 48 hours there can Forks, North Dakota. We are proud of ment sometime before the end of the be a growing appreciation of the need our community, and we hate to see it day. I think that is possible. I think to do something like that. I remain wasted as it is. Right now, even there still has to be a lot of good dis- ready to sit down and discuss the mat- through all of the mess, I have my bags cussion and good-faith effort to try to ter with anybody who has another idea. packed and am ready to go at a mo- find a compromise procedurally. But I Until that time, I think it is important ment’s notice to fight and possibly die certainly am hopeful that can be done that we begin working on this effort. for our country. That is our calling in today. I yield the floor. the Air Force. But what Congress is Last night we talked to people who Mr. DORGAN addressed the Chair. doing to us really hurts. I still make a simply said that they cannot wait any The PRESIDING OFFICER. The Sen- house payment for a home that sits longer, and there are those who said ator from North Dakota. empty.’’ He said, ‘‘The home is getting that the problem they are concerned Mr. DORGAN. Mr. President, how worse day after day. I can’t do any- about now is the very short timeframe much time remains on the amount of thing but wait. Do you think this is that we have within which to do any time allocated to the leader? fair? How did you enjoy your vacation

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5494 CONGRESSIONAL RECORD — SENATE June 11, 1997 over the Memorial Day weekend? I it is not what he knows that bothers VOLUNTARY ENVIRONMENTAL spent mine fixing up, repairing, and me so much. It is what he says he SELF-AUDIT helping my neighbors so that their knows for sure that just ain’t so.’’ We Mr. LOTT. Mr. President, yesterday homes can be lived in once again. I have people who apparently say they Senator KAY BAILEY HUTCHISON, my think you should come out here and know for sure this aid isn’t urgent, and colleague and friend, introduced S. 866, spend a few days in the stink and the they ought to know it ain’t so. If they legislation that provides a necessary mud and the junk on the curbs and the do not know that, they have a responsi- Federal standard regarding voluntary streets. All we want is answers. Why is bility to become informed. environmental self-auditing for states. this taking so long? Stop playing As long as I serve in this Congress I There are nearly two dozen States games with the disaster bill and get it will never attach a controversial unre- which are experimenting with laws to passed. We are tired of waiting for an lated amendment to a disaster bill be- encourage self-audits. These laws are issue that should have been taken care cause it is unfair to do it. I will not do aimed at increasing environmental of long ago.’’ that. And I hope others will not do it in protection and directing scarce en- I mentioned earlier today of a call the future either. forcement resources toward the real last evening when I was part of the In fact, I think we ought to change bad actors. We need Federal legislation vigil last night from midnight until 3 the rules of the Senate, and I will in- to make these state laws work, and in the morning, a call from a man tend to propose such a change. I expect Senator HUTCHISON has a balanced, fair named Mark from Grand Forks, ND, it will be hard to get adopted. But I approach. whose wife is dying, whose home was think we ought to change the rules of I want to take this opportunity today flooded, whose family was separated, the Senate and say that on bills that to share with my colleagues how this and who now, like thousands of others are disaster bills, or emergency bills, legislative proposal will strengthen in Grand Forks, ND, waits for an an- you ought not be able to offer extra- America’s environmental policies. I swer. Mark is dealing with his wife’s neous or unrelated or nongermane illness, with a family that is separated, will join Senator HUTCHISON as an ac- amendments. Will that be hard to get with a natural disaster, and now he tive cosponsor to S. 866. passed in this body? Of course, it will. First, I would like to explain what needs to deal with answers to the ques- But shouldn’t there be some category voluntary environmental self-auditing tions he has. ‘‘What about my future? What is going to happen to my commu- of legislation that is an emergency is all about. In the past 10 years, the number of nity? How can I put my family and my that represents a response to a disaster environmental statutes and regula- life back together again?’’ And the an- that at least ought to be held aside and tions that impose compliance obliga- swers are in this piece of legislation. say, ‘‘All right, this is different. This is We still have people here who, as of urgent, and you don’t add extraneous tions, and the corresponding civil and last night, are making the case that controversial amendments to this’’? criminal penalties and sanctions for this doesn’t matter. ‘‘Nothing is being I think we ought to have a rule violations, have dramatically in- held up. It doesn’t matter.’’ FEMA, the change to require that with respect to creased. In response to these develop- Federal Emergency Management Agen- those select categories of legislation ments, more and more companies are cy, they say, has money in the pipe- that represent urgent disaster or ur- using environmental self-audit pro- line. ‘‘Money is flowing. What are peo- gent emergency disaster relief. grams as a tool to ensure compliance. ple complaining about?’’ I hope maybe today, after now nearly Generally, an environmental audit is Anyone who asks that question has a 3 additional weeks of delay, that we a means of reviewing a business in responsibility to go to Grand Forks, might be able to provide an answer to order to get a snapshot of its overall ND, and peek through the tent flap of the victims of these disasters and that compliance with environmental laws a tent on the front of a yard of a home the answer would be that the generous and to troubleshoot for potential fu- that is destroyed where the family is amount of relief that has been worked ture problems. EPA defines an audit as now living, or knock on the door of a on by both sides but now which has ‘‘a systematic, documented, periodic camper trailer that is parked in the been locked up by the maneuvering of and objective review by regulated enti- yard of a home that is destroyed where some, that generous amount of relief ties of facility operations and practices a family is now living, or go to a shel- will now be made available to people to related to meeting environmental re- ter where a family now still lives, and help them put their lives back to- quirements.’’ Audits can include in- ask them, ‘‘What is the hurry? Why are gether. If it is done now, if it is done in spections of equipment to insure that you so anxious?’’ Anyone who believes the next couple of hours, it can be permit requirements are being met; re- that there is money in the pipeline to signed into law this evening and the view of future and present risks of reg- do that needs to go talk to those folks, disaster aid will be available imme- ulated and unregulated materials used has a responsibility to go to talk to diately. at the facility; and surveys of the day- those folks, and then come back and If it is not done today, will it be done to-day operation of environmental stand on the floor of the Senate or the tomorrow? If not tomorrow, will it be management structure and resources. House and say, ‘‘There is no emergency next week, or next month? How long do Some companies have compliance man- here.’’ And, if they do that, then they disaster victims have to wait? How agement systems that include day-to- will not be telling the truth because long do they have to wait and how day, even shift-to-shift, voluntary ac- they will have known better. They will many letters do we have to read? How tivities to assure compliance. have known differently. many phone calls do we have to re- No State or Federal law requires This is urgent. The thousands of peo- count about people’s lives which are companies to undertake comprehensive ple this morning who woke up not in being interrupted, families split, homes environmental self-auditing. This is their own bed, not in their own homes, destroyed and lives in chaos because just a good business practice initiated know it is urgent. They woke up some- Congress has not done its job? by companies that are taking extra where else—another town, another Let’s hope this is resolved today. steps to be in full compliance with en- home, living with a relative, in a shel- Mr. President, I yield the floor. vironmental law. ter, in a motel, in a camper trailer, Mr. President, I make a point of There are no guidelines or standard and, yes, a tent. They know it is ur- order that a quorum is not present. practices—audits vary considerably be- gent. Yet, day after day we continue to The PRESIDING OFFICER. The cause they must accommodate the in- hear people in and around this Capitol clerk will call the roll. dividual needs of companies or specific justifying the stalling on the disaster The assistant legislative clerk pro- facilities to be most effective. They are bill by saying, ‘‘Well, it is not urgent. ceeded to call the roll. typically much more extensive than an There is nothing in this bill that will Mr. LOTT. Mr. President, I ask unan- inspection by a State or Federal regu- provide urgently needed relief. This is imous consent that the order for the lator because they are done more often for long-term relief.’’ It is fundamen- quorum call be rescinded. and because companies simply know tally false; wrong. The PRESIDING OFFICER (Mr. much more about their operations and Will Rogers said—I quoted him the ALLARD). Without objection, it is so or- permit obligations than regulators do. other day—about someone, ‘‘You know, dered. A company conducting its own audit

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5495 can identify and correct a much wider Mr. President, this is a fair deal. We are currently living. It is time for EPA range of potential environmental viola- get more environmental protection— to see the wisdom of 95 million Ameri- tions. which should be the goal of environ- cans. Mr. President, doesn’t this sounds mental laws—not just freedom from Why not let the States continue to like a great idea? sanctions and penalties. Senator show us innovative ways to achieve en- Unfortunately, many companies do HUTCHISON’s legislation brings better vironmental progress? I frequently ask not perform voluntary self-audits be- environmental compliance with a vol- that question. The answer is EPA cause the information contained in the untary flexible component. wants to retain the right to enforce the audit documents can be obtained by Mr. President, this is basic common law after it delegates program author- Government regulators, prosecutors, sense—companies have an incentive to ity to a State. This means that without citizens’ groups, or private citizens and find and fix their problems right away. a Federal law granting a qualified ex- used to sue the company. Companies What could be better for the environ- ception for voluntary self-audits, the completing environmental audits de- ment? EPA can take separate enforcement ac- velop documentation of their instances State officials also benefit because tions—or overfile—regardless of any of noncompliance or areas of potential they can establish cooperative rela- State action. concern. These documents, if made tionships with companies instead of The sad consequence is that a com- public, are a roadmap for third parties the current adversarial enforcement pany that wishes to take advantage of or governments to sue even if the prob- system. Taxpayers get a better return a State audit law is not protected from lem has already been corrected and no from their tax dollars because enforce- Federal enforcement actions—even environmental harm has occurred. ment resources can be redirected to- though the Federal inspectors didn’t Remember, we have an incredibly ward the bad guys who are not fol- find the problem and the company has complex compliance system. Last year lowing the law. And, most importantly, fixed it. a survey conducted by Arthur Ander- we all benefit from greater compliance son and the National Law Journal with our environmental laws. Why would a company voluntarily found that nearly 70 percent of 200 cor- Some will say that these State laws disclose violations to a State when the porate attorneys interviewed said that are about secrecy and letting polluters Federal Government can come after they did not believe total compliance off the hook. Opponents say that these them for the same thing? with the law was achievable. This is laws make it more difficult to pros- EPA has been very clear about its in- due to the complexity of the law, the ecute and that they will interfere with tent to scrutinize companies in States varying interpretations of the regu- enforcement actions or compromise that have enacted laws and that are lators and the ever-present role of the public’s right to know. currently addressing audit bills in human error and the cost. Mr. President, this is just not true. their legislatures. EPA has set up a Because of this complexity, it is pos- These laws protect only the voluntary task force to monitor the approval of sible and logical that companies which self-audit document. They do not pro- State delegated programs under the take on the task of self-evaluation will tect any information required by law Clean Air Act for States with vol- find violations—and that is what we to be collected, developed, maintained, untary environmental audit statutes. want them to do. Find problems and fix reported or otherwise made available The agency has indicated that approval them without waiting a year for a Gov- to a Government agency. The oppo- of certain State programs may be de- ernment inspection. Companies are already vulnerable to nents are saying that protection of the layed or denied because of their State extensive liability under environ- audit document will allow bad actors audit privilege statutes. EPA has used mental laws. Under the Clean Air Act to hide violations and endanger human this threat to withhold Federal pro- Amendments of 1990, for example, the health. Of course, that is not true. Any gram delegation in order to influence maximum civil penalty that may be as- action that causes an imminent threat pending State legislation. Does this sessed is now $25,000 per day per viola- is not protected and must be imme- sound like an agency whose charter is tion. EPA’s fiscal year 1994 enforce- diately reported to authorities. Compa- to clean up the environment or does ment and compliance assurance accom- nies gain nothing from these laws if this sound like a bureaucracy that fo- plishments report shows that 166 civil they are using an audit for a fraudu- cuses on punishment first? Is this a judicial penalties were brought in 1994 lent purpose, or if they find a violation constructive environmental approach? totaling $65.6 million. On average, that and don’t fix it. If they’re cheating, Why—in the face of such Federal is about $400,000 a case. There were they’re out. challenges—did the 21 States enact leg- 1,433 administrative penalty orders for These laws present a new way of islation? Because 95 million citizens the same year totaling $48 million. doing business. No safeguards are re- want a cleaner environment. The Mr. President, that’s a lot of money. moved. The State legislature is just as States know it is the right thing to do. A pretty powerful disincentive to self- eager as the Federal Government to Americans want an approach that auditing. protect its citizens. Senator cleans the environment first. That is Yet, nearly two dozen states have HUTCHISON’s legislation has the same also why 25 other States want to con- recognized this disincentive to self-au- safeguards. sider alternatives. These States have diting and have enacted laws to fix the Twenty-one States think this is a shown great environmental courage. better way to get things done. Twenty- problem. These states and their citi- I firmly believe that States can de- five other State legislatures are con- zens want more companies to conduct sign and implement effective and suc- sidering this voluntary self-audit legis- self-audits. Mississippi is one of the cessful environmental laws. In fact, lation. Let me give you those numbers States that has acted on this issue. States have proven that the Federal again: 21 states have enacted a vol- These State laws typically do three Government does not always know best untary audit law and 25 are considering things: First, provide qualified evi- and does not always get the job done. dentiary protection for internal com- one. pany audit documents; second, grant Mr. President, that is a grand total I hope that EPA does not continue to penalty immunity to companies that of 46 States. I’d say this is a definite minimize the independent sovereign conduct audits and voluntarily disclose trend. The Federal Government ought rights of States to adopt and enforce all violations they discover in their to open its eyes and join the parade. environmental laws that protect the audit; and third, require prompt clean- We need to enact similar legislation environment and add to our quality of up of the violation. on the Federal level to complement life. Perhaps EPA needs to get a copy In other words, the States are saying and assist those States with a full and of the Constitution. that responsible, self-auditing compa- effective implementation of this con- Full use of these State laws will nies that find and report problems to cept. That is what this bill is all about. never happen as long as EPA continues State authorities are rewarded. The No rollback of standards. No removal an adversarial approach. And Ameri- companies do not have to pay a fine of any environmental law. Yes, a dif- cans miss an opportunity to achieve and are protected from any court ac- ferent approach, but one already tested creative and cost-effective solutions to tion on an internal company audit. in States where 95 million Americans environmental problems.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5496 CONGRESSIONAL RECORD — SENATE June 11, 1997 Even the Clinton administration has COMMEMORATING THE 30TH ANNI- My Jerusalem is the tears of the para- recognized the value of promoting en- VERSARY OF THE REUNIFICA- troopers at the Western Wall in 1967 and the vironmental self-auditing when it TION OF JERUSALEM flag which once more waved above the rem- nant of the Temple. issued a policy statement in December Mr. MACK. Mr. President, I rise My Jerusalem is the changing colors of its of 1995. It was a good first step forward, today to commemorate the 30th anni- walls, the smells of its markets and the faces but in 2 years, we’ve seen only intimi- versary of the reunification of Jeru- of the members of every community and dation. salem and to congratulate the people of every faith, where all have freedom of thought and freedom of worship in the city Basically, the administration policy Israel on their commitment to free- says that if companies come forward where holiness envelops every stone, every dom. word, every glance. and voluntarily disclose violations, Jerusalem, Mr. President, is a city And my Jerusalem is the City of Peace, then EPA will not prosecute them as unique in all the world. We know much which will bear great tidings to all faiths, to aggressively as they could otherwise. of its 3,000 year history. We know that all nations, ‘‘For the Torah shall come forth Not a real bonus. No evidentiary pro- Jerusalem has been a great city for from Zion and the word of the Lord from Je- tection, no protection against citizen many people; we know that it remains rusalem . . . Peace be within thy walls and prosperity within thy palaces.’’ suits, and it is only a policy, not a rule, a holy city for people throughout the so it does not have the force of law nor We differ in our opinions, left and right. world; we know that it is an insepa- We disagree on the means and the objective. does it have any impact on what the rable part of the Jewish state, a funda- In Israel, we all agree on one issue: the Justice Department or the FBI can do. mental part of Jewish identity; and we wholeness of Jerusalem, the continuation of And this policy can and will vary from know that it is the undivided capital of its existence as capital of the State of Israel. State to State and company to com- the State of Israel. There are no two Jerusalems. There is only one Jerusalem. For us, Jerusalem is not sub- pany. It was on the hill which we call the It is now time for legislation. Sen- ject to compromise, and there is no peace Temple Mount that overlooked the Je- without Jerusalem. ator KAY BAILEY HUTCHISON has accept- rusalem of Abraham, where God called Jerusalem, which was destroyed eight ed the challenge and introduced a upon Abraham to bring his son to be times, where for years we had no access to sound bill yesterday. This bill fully sacrificed; it was here that God made the remnants of our Temple, was ours, is recognizes the sovereignty of the His covenant with man. Jerusalem ours, and will be ours—forever. State. Mr. President, Senator holds the remains of the first and sec- ‘‘Here tears do not weaken eyes,’’ wrote the Jerusalem poet Yehuda Amichai. ‘‘They HUTCHISON’s bill, S. 866, will encourage ond temples including the Western only polish and shine the hardness of faces environmental self-auditing by setting Wall of the temple’s courtyard, Juda- like stone.’’ Jerusalem is that stone. up incentives at the Federal level for ism’s holiest site. It is to Jerusalem those States with the provision. Noth- Mr. President, Jerusalem is more that Jews everywhere in the world turn than the heart of the Jewish people. It ing more. in prayer and, no matter where they is sacred throughout the world. Jesus Americans get better environmental live, they conclude their celebrations was crucified inside today’s city, and compliance. I urge my colleagues to with the refrain ‘‘next year in Jeru- Mohammed was said to have ascended give serious consideration to the pro- salem.’’ into Heaven from the Temple Mount. posal being advanced by Senator Mr. President, I would like to read Mr. President, Jerusalem indeed is a HUTCHISON. from perhaps the most moving descrip- great city; it is a city of the world, a tion of this great city delivered by one city revered by the world, and a city f of Israel’s greatest leaders and states- for the world. Its freedom is invaluable. men. In 1995, the late Prime Minister Unfortunately, from 1948 to 1967, be- Yitzak Rabin delivered the following THE VERY BAD DEBT BOXSCORE ginning with the war waged against the remarks here in the U.S. Capitol: new State of Israel and ending with Mr. HELMS. Mr. President, at the Jerusalem is the heart of the Jewish people Israel’s victory in the Six-Day War, Je- close of business yesterday, Tuesday, and a deep source of our pride. On this fes- rusalem was a divided city. During this June 10, 1997, the Federal debt stood at tive occasion, thousands of miles from home, time, Israelis of all faiths and Jews $5,351,973,547,710.08. (Five trillion, three here and now, we once again are raising Je- from around the world were prohibited hundred fifty-one billion, nine hundred rusalem above our highest joy, just like our from entering the eastern part of the seventy-three million, five hundred fathers and our fathers’ fathers did. city and from praying at the holy sites forty-seven thousand, seven hundred Jerusalem has a thousand faces—and each there. Jerusalem had lost its freedom, one of us has his own Jerusalem. ten dollars and eight cents.) My Jerusalem is Dr. Moshe Wallach of Ger- and the world had lost its Jerusalem. One year ago, June 10, 1992, the Fed- many, the doctor of the sick of Israel and Je- This week, Mr. President, marks the eral debt stood at $5,134,653,000,000. rusalem, who built Sha’arei Zedek hospital anniversary of the liberation of the (Five trillion, one hundred thirty-four and had his home in its courtyard so as to be holy city and its return to freedom. billion, six hundred fifty-three mil- close to his patients day and night. I was That is why we are congratulating the lion.) born in his hospital . . . people of Jerusalem. My Jerusalem is the focus of the Jewish Five years ago, June 10, 1992, the Fed- Today, Jerusalem is a city of growth, people’s yearnings, the city of its visions, prosperity, and freedom. Upon their eral debt stood at $3,939,456,000,000. the cradle of its prayers. It is the dream of (Three trillion, nine hundred thirty- victory in 1967, those denied the city the return to Zion. It is the name millions for so long did not deny it to the de- nine billion, four hundred fifty-six mil- murmur, even on their death bed. It is the feated. To this day, perhaps the most lion.) place where eyes are raised and prayers are holy site for all three major religions Ten years ago, June 10, 1987, the Fed- uttered. My Jerusalem is the jerrycan of water of the city remains housed in a Moslem eral debt stood at $2,294,202,000,000. mosque, the Dome of the Rock. But it (Two trillion, two hundred ninety-four measured out to the besieged in 1948, the faces of its anxious citizens quietly waiting is a place which can be visited by any- billion, two hundred two million.) in line for bread, the sky whose blackness one who desires. Fifteen years ago, June 10, 1972, the was torn by flares. So, beyond honoring the freedom of Federal debt stood at $1,073,704,000,000 My Jerusalem is Bab el-Wad—the road to this great city, I want to congratulate (One trillion, seventy-three billion, the city—which cries out, ‘‘Remember our the people of Jerusalem and of Israel seven hundred four million) which re- names forever.’’ It is the ashen faces of dead for their commitment to religious free- flects a debt increase of more than $4 comrades from the War of Independence, and dom and the principle that religious trillion—$4,278,269,547,710.08 (Four tril- the searing cold of the rusting armored cars faiths should not pay the price of polit- among the pines on the side of the road. lion, two hundred seventy-eight billion, My Jerusalem is the great mountain, the ical disputes. The Jews of Israel know two hundred sixty-nine million, five military cemetery on Mount Herzl, the city very well the importance of religious hundred forty-seven thousand, seven of silence whose earth holds the treasured freedom, and the pain of its denial. hundred ten dollars and eight cents) thousands of those who went to bitter bat- Today, as we remember Jerusalem’s during the past 15 years. tle—and did not return. proud and turbulent past, and honor its

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5497 freedom-loving residents, we must ap- United Nations became a chamber of The world was silent while the his- preciate the continuing threat to the hypocrisy and proxy aggression.’’ toric Jewish Quarter of the city was city’s future. Those who had failed to destroy sacked and razed to the ground, syna- Thirty years ago today, Mr. Presi- Israel on the field of battle joined those gogues and schools were destroyed, and dent, Israel was at war, fighting for the who wished to discredit all Western 3,000 years of history were denied. This freedom and indivisibility of Jeru- democratic governments in an unprece- bizarre anomaly only ended on June 5, salem. I submit that today, Israel re- dented, sustained attack on the very 1967, when Israel faced renewed aggres- mains at war. We must remember, as right of a U.N. member state to exist sion from Egypt and Syria, both then the peace which seeks to end this war within the family of nations. close friends of, and dependents of the ebbs and flows, that many people in The efforts in the 1970’s to Soviet Union. As hostilities com- and around Israel are trying to accom- delegitimize Israel came in many menced, Israeli Prime Minister Levi plish through other means what they forms. None more insidious than the Eshkol sent a message to King Hussein failed to do in 1967—push Israel into twin campaigns to declare Zionism to of Jordan promising that, if Jordan re- the Mediterranean Sea. In this environ- be a form of racism and to deny Israel’s frained from entering the war, Israel ment, we must not assume all parties ties to Jerusalem. Those who ranted would not take action against it. Jor- are equally right and equally wrong. against the ‘‘racist Tel Aviv regime’’ dan, however, attacked Israel that The middle of a dispute is usually not were spewing two ugly lies. Both had same day. Within the week, Israeli halfway in between the belligerents. at their heart a denial of Israel’s right forces had captured all of Jerusalem, as Treating bombs in cafes and on buses to exist. well as other territories west of the The first lie, the infamous Resolution as morally equivalent to bulldozers on Jordan River. The City of David was 3379, was finally repealed on December deserted hilltops jeopardizes peace. once again united, and has remained so The Senate, on May 20, passed Senate 16, 1991, after the cold war had ended since 1967. Under Israeli rule Jerusalem Concurrent Resolution 21, marking the and as the Soviet Union was dissolving. anniversary of Jerusalem’s reunifica- The second we are still dealing with has flourished as it did not under Jor- tion and congratulating the people of today. danian occupation, and the religious Israel. The measure had 88 initial co- That Jerusalem is, and should re- shrines of all faiths have been meticu- sponsors and passed unanimously. This main Israel’s undivided capital would lously protected. clear message cannot be misunder- seem an unremarkable statement, but Having made the odious link between stood. There is only one Jerusalem and for the insidious campaign—begun in Zionism and racism, the Soviet in- it is the undivided capital of Israel. As the 1970’s—to delegitimize Israel by de- spired coalition now set its sights on the peace process continues there nying her ties to Jerusalem. For far the heart of Israel: Jerusalem. The should be no doubt about where the too long the United States acquiesced Seventh Conference of Heads of State U.S. Senate stands. The Senate strong- in this shameful lie by refusing to lo- of Government of Non-Aligned Coun- ly believes that Jerusalem must re- cate our embassy in Israel’s capital tries, which convened in New Delhi, main an undivided city in which the city. As long as Israel’s most impor- India, March 7 through 11, 1983, devoted rights of every ethnic and religious tant friend in the world refused to ac- several lengthy passages of its Final group are protected as they have been knowledge that Israel’s capital city is Declaration to excoriating Israel and by Israel during the past 30 years and its own, we lent credibility and dan- its ally, the United States. Special at- calls upon the President and Secretary gerous strength to the lie that Israel is tention was devoted to the question of of State to publicly affirm as a matter somehow a misbegotten, illegitimate Jerusalem’s status. And not just East of United States policy that Jerusalem or transient state. Jerusalem as had become the practice must remain the undivided capital of This suggestion is all the more un- of such fora. tenable when you consider that no the State of Israel. I happened to be in New Delhi in the Mr. MOYNIHAN. Mr. President, other people on this planet have been days before the summit began and was today the Senate joins the people of identified as closely with any city as shown a draft of the Final Declaration. Israel as they celebrate the 30th anni- the people of Israel are with Jerusalem The draft passage of Israel read: ‘‘Jeru- versary of the reunification of Jeru- —a city which recently celebrated the salem is part of the occupied Pales- salem. The Six-Day War began after 3000th anniversary of King David de- tinian territory and Israel should with- Egyptian President Gamal Abdel Nas- claring it his capital. No Jewish reli- draw completely and unconditionally ser, spurred on by the Soviet Union, gious ceremony is complete without conspired with Syria, Jordan, and Iraq mention of the Holy City. And twice a from it and restore it to Arab sov- to have the people of Israel ‘‘thrown year, at the conclusion of the Passover ereignty.’’ into the sea.’’ Nasser persuaded U.N. Seder and the Day of Atonement serv- While surely this can be read as a Secretary General U Thant to with- ices, all assembled repeat one of man- provocative statement that all of Jeru- draw peacekeeping forces from the kind’s shortest and oldest prayers, salem is occupied Palestinian terri- Gaza strip which for 10 years had acted ‘‘Next Year in Jerusalem.’’ tory, when pressed on the point, my In- as a buffer between Israel and Egypt. Throughout the centuries Jews kept dian hosts assured me that by Jeru- The Egyptians began amassing troops this pledge, often sacrificing their very salem they really only meant east Je- in the Sinai. Israel, surrounded by lives to travel to, and live in, their rusalem, which is to say the Old City, 250,000 Arab troops preparing for war, holiest city. It should be noted that the or perhaps the Arab section. Hence, the launched a devastating pre-preemptive first authoritative Turkish census of significance of the revised final text of strike on June 5. 1844 reported that Jews were by far the the declaration of some 101 nations. The war was a significant event in largest ethnic group in Jerusalem— This is what the nonaligned declared Israeli history and resulted in the re- long before there was a West Jeru- in that session in 1983: unification of Jerusalem, which before salem, or even any settlements outside the war had been divided with all ac- the ancient walled city. West Jerusalem is part of the occupied Pal- cess to the Old City and its holy sites When the modern State of Israel de- estinian territory and Israel should with- clared independence on May 14, 1948, draw completely and unconditionally from it denied to Jews. and restore it to Arab sovereignty. West I have been involved with this par- Jerusalem was the only logical choice Jerusalem! ticular issue in some measure since my for the new nation’s capital, even if it tenure as the U.S. Permanent Rep- was only a portion of Jerusalem—the The 101 nations of the Non-Aligned resentative to the United Nations in Jordanian Arab Legion having occu- Movement declared that the Israeli 1975. By the early 1970’s, a Soviet-led pied the eastern half of the city and ex- Parliament and government buildings, coalition wielded enormous power in pelled the Jewish population of the Old Yad Vashem, the Holocaust memorial, the U.N. General Assembly and used it City. Jerusalem was sundered by the King David Hotel, the whole of the in an assault against the democracies barbed-wire and cinderblock and new city, did not belong to Israel. The of the world. In that regard, I cite an Israelis of all faiths and Jews of all State of Israel is not a nation. It has no editorial in the New Republic which citizenship were barred from even vis- capital, or so said the nonaligned. has said of the United Nations in that iting the section under Jordanian occu- What was the response from Wash- time that ‘‘During the Cold War, the pation. ington to such polemics? Not a word.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5498 CONGRESSIONAL RECORD — SENATE June 11, 1997 In effect, our silence could have been but important contribution to this value throughout the generations. The interpreted as implying that we had no process by unequivocally recognizing many Jews who had been exiled after quarrel with those who state that Israel’s chosen capital. the Roman conquest and scattered Israel has no capital. And thus, that The Senate has affirmed this simple throughout the world never forgot Je- Israel is less than a sovereign nation. proposition by unanimously adopting rusalem. Year after year they repeated It was at this point that I brought Senate Concurrent Resolution 21, on ‘‘Next year in Jerusalem.’’ Jerusalem the issue to the Senate floor. On Octo- May 20, 1997, which commemorates the became the symbol of the desire of ber 31, 1983, I introduced S. 2031 which reunification of Jerusalem and states Jews everywhere to return to their required the relocation of our Embassy that: homeland. It was invoked by the proph- from Tel Aviv to Jerusalem. [The Senate] strongly believes that ets, enshrined in daily prayer, and sung Official documents published by the Jerusalem must remain an undivided city by Hebrew poets in far-flung lands. United States Government at the time, in which the rights of every ethnic and reli- As a Christian, Jerusalem is a holy such as the State Department’s ‘‘Key gious group are protected as they have been city for me. Jerusalem is the place by Israel during the past 30 years; where Jesus lived, preached, died, and Officers of Foreign Service Posts: [and] Guide for Business Representatives,’’ Calls upon the President and Secretary of was resurrected. I went to Jerusalem in listed Jerusalem separate from Israel. State to publicly affirm as a matter of 1994 and visited various holy sites in- The guide listed countries alphabeti- United States policy that Jerusalem must cluding the Church of the Holy Sep- cally, under each of which in subscript remain and undivided capital of the state of ulcher, the Garden of Gethsemane, and was enumerated the various diplomatic Israel. the Via Dolorosa. For me there is posts the United States Government Mr. President, I thank my colleagues something very special about this an- maintained in that country. for their strong support of this meas- cient city and I am glad I was able to There was Ireland, with the one post ure, and again wish to congratulate our visit these sites unencumbered, as are in Dublin; then came Israel, with one friends in Israel on this important oc- all persons. diplomatic office listed, its address in casion. For Islam, the prophet Mohammed Tel Aviv; then curiously several pages Mr. KEMPTHORNE. Mr. President, was miraculously transported from later, after Japan, there was listed a today I join my colleagues in congratu- Mecca to Jerusalem, and it was from Consulate General in a country called lating the residents of Jerusalem and there that he made his ascent to heav- Jerusalem. Then came Jordan and the people of Israel on the 30th anni- en. The Dome of the Rock built in the Kenya. versary of the reunification of their seventh century, is built over the site That was how the ‘‘Key Officers of capital. of Mohammed’s ascent. Foreign Service Posts’’ was organized Christianity, Islam, and Judaism Every year Jerusalem plays host to until the end of 1994, when Secretary hold Jerusalem sacred, and the many hundreds of thousands of Christian pil- Christopher published the document holy sites of all faiths make a city a grims who come to walk in the foot- with Jerusalem listed under the Israel world spiritual and religious center. steps of Jesus and pray at the shrines heading. This is a welcome change. With the reunification of Jerusalem in and churches throughout the city. That simple refusal by the United 1967, Israel ensured the freedom of wor- Thousands of worshipers pray at the States Government to associate our ship for all faiths and access to holy Mosques on the Temple Mount, with consulate in Jerusalem with the State places of all religions with the enact- their numbers swelling into the hun- of Israel carried much greater weight ment of the Protection of Holy Places dreds of thousands during Moslem holy month of Ramadan. with the Non-Aligned countries than Law, 1967. Jerusalem is a special city for me, we realized. Today, Jerusalem is a mosaic of my fellow Christians, Moslems, and They would not have acted as they many cultures, religions, and nation- Jews. For the United States, Jerusalem had done in 1983 if they did not think alities, of peoples and neighborhoods, is the recognized undivided capital of at some measure we were not in dis- of old and new. It is a union of con- Israel, and the United States embassy agreement. Our documents have so im- trasts with a unique character. Last will be established in the city by 1999. plied. year Israel celebrated the Mr. President, again, I want to con- While my legislation did not pass in Trimillennium of Jerusalem, the City gratulate the citizens of Jerusalem and 1983, the drive to clarify the status of of David. And for the past 3,000 years Israel on this special occasion. As I Jerusalem began to gain momentum in there has been a continuous Jewish wish them all my best for the next 3,000 the Senate in 1990 when I submitted presence in the city. In fact, ever since years, I am reminded of Psalms 122:2–3. Senate Concurrent Resolution 106, King David made Jerusalem the capital Our feet stood within thy gate, which states simply: ‘‘Jerusalem is and of his kingdom, Jerusalem has become O Jerusalem, should remain the capital of the State a center of Jewish existence. Jerusalem built up, of Israel.’’ A simple declarative sen- No other nation has ever made Jeru- a city knit together. tence which gained 85 cosponsors and salem its capital in such an absolute Congratulations, Jerusalem. was adopted unanimously by the Sen- and binding fashion. The Temple was Ms. MIKULSKI. Mr. President, I am ate and by an overwhelming majority built in Jerusalem, and to it the reli- proud to rise as a cosponsor of Senate in the House. gious made their pilgrimages. Chapters Concurrent Resolution 21 and commend On November 8, 1995, the Dole-Moy- of the Bible were written within its the people of Israel on the 30th anni- nihan Jerusalem Embassy Act became walls, and there the prophets preached versary of the reunification of Jeru- the law of the United States. The law their prophesies. The city’s ancient salem. states, as a matter of United States stones, imbued with millennia of his- Jerusalem is and always will be the Government policy, that Jerusalem tory, and its numerous historical, capital of Israel. For thousands of should be recognized as the capital of sites, shrines, and places of worship at- years the Jewish people prayed, ‘‘next the State of Israel, and should remain test to its meeting for Jews, Chris- year in Jerusalem.’’ This prayer helped an undivided city in which the rights of tians, and Muslims. Sanctified by reli- to sustain Jews even through the dark- every ethnic and religious group are gion and tradition, by history and the- est days of the diaspora. protected as they are today. ology, by holy places and houses of After Israeli independence, Jews were In the winter of 1981, I wrote an arti- worship, Jerusalem is a city revered by forced out of Jerusalem—where they cle in Commentary entitled ‘‘Joining Jews, Christians, and Muslims. It re- had lived for three millennia. The holy The Jackals’’ in response to the Carter flects the fervor and piety of the three sites of Jerusalem were closed to Chris- administration’s disastrous support for major monotheistic faiths, each of tians and Jews. The Jewish quarter of a resolution challenging Israel’s rights which is bound to Jerusalem by vener- the old city was destroyed. But since in Jerusalem. Sixteen years later, we ation and love. Jerusalem was unified in 1967, it has find that the jackals are in retreat. The Jewish bond to Jerusalem was been open to all religions for the first Israelis and Palestinians are negoti- never broken. For three millennia, Je- time in its history. ating the details of their future. And rusalem has been the center of the I have visited Israel with Jews who the United States can make a simple Jewish faith, retaining its symbolic were there for the first time. When we

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5499 visited the Western Wall, I saw what it Jerusalem is a city of faith. It is the sion that Jerusalem will belong to any- meant for them to touch the stones spiritual home of Jews, Christians, and one other than Israel. If the future of that their ancestors could only dream Muslims, and it is the sacred symbol Jerusalem remains unclear in the of. I saw that Jerusalem is not just a and temporal meeting place of their minds of the Palestinians then they city or a capital. It is the religious and shared legacy and common humanity. will increase their demands and this historic homeland of the Jewish people. Undivided access to its holy sites is a will further complicate the already Jerusalem is the capitol of Israel— promise made in the tumult of war and tense negotiations. though the world ignores this fact. kept in the name of peace. Those who Let the message be clear: A united Why is Israel the only nation that is made it and those who keep it are Jerusalem is off limits to negotiation. not allowed to chose its own capital? rightly remembered by us today. Mr. GRAHAM. Mr. President, I rise There is much talk about building in Jerusalem also is a national city. It today in support of Senate Concurrent Jerusalem. Well, there is a building is the undivided capital of Israel—the Resolution 21 of which I am a proud co- project that I particularly look forward political and cultural center of one of sponsor. This resolution congratulates to. America will build its Embassy in America’s staunchest, most important the residents of Jerusalem and the peo- Jerusalem by 1999. We should have allies. The continued unity of Jeru- ple of Israel on the 30th anniversary of moved our Embassy long ago. salem under Israel’s flag is not an issue Mr. President, This year, as we cele- the reunification of that historic city. for debate. It is our best assurance that This resolution also expresses our brate the 30th anniversary of the unifi- America’s most cherished values, in- cation of Jerusalem, let us mark this strong belief that Jerusalem must re- cluding the rule of law and basic main an undivided city in which the great event by reaffirming that Jeru- human freedoms, will be preserved and salem is and always will be the capital rights of every ethnic and religious protected in a region critical to our group are protected as they have been of the State of Israel. own national interest. Mr. HELMS. Mr. President, this past by Israel during the past 30 years. Fur- Thirty years ago, the people of Israel Saturday, June 7, marked the 30th an- thermore it calls upon the President reunified Jerusalem. But for more than niversary of the reunification of the and the Secretary of State to publicly 3,000 years, Jerusalem has endured as city of Jerusalem. Prior to 1967, Jeru- affirm as a matter of United States the city on the hill. Geography and pol- salem was a city divided, its center policy that Jerusalem must remain the itics alone do not being to explain its scarred by concrete and barbed wire, undivided capital of the State of Israel. significance. It is a place where God with many of its residents displaced. There has been a continuous Jewish touches us and unifies our histories; it Israel’s recovery of Jerusalem during presence in Jerusalem for three mil- is where the privilege and responsi- the Six-Day War ended that ugly parti- lennia and a Jewish majority in the bility of Abraham’s heritage becomes tion and restored the ability of visitors city for the past 150 years. Jerusalem and residents of all religions to worship our own. Peace with justice in Jeru- has been, throughout these years, the freely and visit important holy sites in salem is a measure of our integrity as holiest of cities and the focal point of Jerusalem. people of faith; and the best hope for Jewish devotion. Jerusalem remains a For my part, I am convinced that Je- peace with justice in Jerusalem is con- unique and critically important city to rusalem should remain the unified cap- tinued undivided sovereignty. the Jewish people. Jerusalem is also I urge my colleagues to pass this res- ital of the State of Israel. I have con- the only city in the world which serves olution congratulating the residents of sistently supported measures before as the capital of the same country, in- Jerusalem and the people of Israel on the Congress expressing opposition to habited by the same people, speaking the 30th anniversary of that city’s re- the division of the holy city. the same language, and worshipping unification. The Jerusalem Embassy Relocation the same God as was the case 3,000 Mr. D’AMATO. Mr. President, I rise Act, passed in 1995, definitively ex- years ago. today to commemorate the 30th anni- pressed Congress’ heartfelt belief that During the 1948 Arab-Israeli War, the Jerusalem should not only remain the versary of the reunification of Jeru- salem. Jewish people were driven out of the capital of the State of Israel, but that Old City of Jerusalem and denied ac- the United States should recognize it Jerusalem is and shall remain the undivided capital of the State of Israel. cess to holy sites in the area controlled as such. by Jordan. For 19 years Israelis of all Jerusalem occupies a central place in The facts are simple: Jerusalem be- faiths and Jews from all around the the Christian, Islamic, and Jewish longs to Israel for the simple reason world were prevented from visiting faiths and I believe it is crucial to each that for three millennia, it has been their holiest sites by the barbed wire of these great traditions that Jeru- the spiritual, historical, cultural, and which divided Jerusalem. Today we salem remain undivided and its holy moral capital of the Jewish people. In commemorate 30 years of unrestricted sites open. recognition of this fact, the relocation I urge that the President and the of our Embassy from Tel Aviv to Jeru- access to these holy sites. Since the State Department declare their sup- salem should take place as called for in Israeli Government reunified Jeru- port for a free, united Jerusalem, and the Jerusalem Embassy Relocation Act salem under its control, the rights of to avoid interfering in negotiations be- of 1995. all religious and ethnic groups have tween Israelis and Palestinians on the Thirty years after reuniting the city been restored and vigilantly protected. status of the holy city. after preempting another attack by her The protection of the rights of every Mr. President, in these last 30 years, surrounding Arab neighbors, Israel has ethnic and religious group is critical to the holy city of Jerusalem has flour- sought to make the city open to people the maintenance of peace in such a di- ished, not just for Israel, but for all of all faiths and to make the holy sites verse and religiously significant re- people. Nobody can claim complete available to all who come. The fact re- gion. We are here today to commend ownership of one of the spiritual cen- mains, that Jerusalem has never been the Israeli people and their government ters of the world. But we can all con- the capital of any nation but that of for restoring full access for all people gratulate the State of Israel on its ex- the Jews. That is the way it should re- to their holy sites. Today we again cellent stewardship. main. lend our support to continued Israeli Mr. LIEBERMAN. Mr. President, I Mr. President, Jerusalem has been control of a unified Jerusalem. rise today to add my voice to those central in the thoughts and minds of Support for a strong, independent, celebrating the 30th anniversary of the the Jewish people for 3,000 years. As and undivided Israel is the keystone of reunification of Jerusalem. The Senate the holy city, Jerusalem is the spir- our policy in the Middle East. Israel is has before it a resolution commemo- itual and religious center of Judaism not only the sole democracy in the re- rating this occasion. Its passage will be and is an indivisible part of the State gion, but also a country with which we an appropriate and fitting testimony to of Israel. share cultural and historical ties. Our the courage of those who reunited and While I understand that the present continued support of Israel, and of Je- reopened the city, and to the wisdom of Middle East peace negotiations are rusalem as its undivided capital, is es- those who have maintained it that way both complicated and delicate, I do not pecially important in this crucial point for the last three decades. want anyone to fall under the impres- in the peace process.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5500 CONGRESSIONAL RECORD — SENATE June 11, 1997 We are here today in continuation of In 1967, as Egypt and Syria moved In closing, Mr. President, I simply our previous policy initiatives regard- again toward war against Israel, the wish to restate my support for a uni- ing Israel and its control of Jerusalem. Israeli Government urged King Hussein fied Jerusalem that is open to all those In 1990, the Congress adopted concur- of Jordan to sit out the fighting and who wish to visit its historical and rent resolutions declaring that the promised that the territories he con- spiritual sites. It is fitting that the Congress ‘‘strongly believes that Jeru- trolled would be left alone if he did so. Senate takes a moment to reflect upon salem must remain an undivided city The King failed to heed the warning. the importance of Jerusalem as a sym- in which the rights of every ethnic reli- He attacked Israel, and in the ensuing bol to people of diverse faiths and as a gious group are protected.’’ In 1992, the fighting lost East Jerusalem and the unified city open to all. Mr. President, Congress adopted resolutions to com- West Bank. I yield the floor. memorate the 25th anniversary of the When the holy city was reunified Mr. SPECTER. Mr. President, I have reunification of Jerusalem, addition- after the war, Israel, under Labor sought recognition today to commemo- ally reaffirming congressional senti- Party leadership at the time, declared rate the 13th anniversary of the reuni- ment that Jerusalem must remain an that Jerusalem will remain undivided fication of Jerusalem during the Six- undivided city. forever as Israel’s capital and that all Day War. I congratulate the residents Congress’ most forceful and symboli- people will have free access to their of Jerusalem and the people of Israel cally consequential actions in recogni- holy places. All people of all faiths are on this important anniversary day. tion of the importance of a unified Je- welcome to worship in the holy city. On June 5, 1967, the Israelis re- rusalem have been part of its system- Former Israeli Foreign Minister sponded to threats from their Arab atic rebuke of its previous policy of Shimon Peres said it this way: ‘‘Jeru- neighbors and 6 days later the war maintaining the U.S. Embassy in Tel salem is closed politically and open re- ended with a reunified Jerusalem that Aviv. For some time the United States ligiously. This mean that it will re- once again gave Jews access to the old has conducted its official meetings and main unified, and only as Israel’s cap- city and its holy sites. Some called this other business in the city of Jerusalem ital, not two capitals. It will remain unexpected price of war a miracle; it is in de facto recognition of its status as under Israeli sovereignty.’’ indeed an issue of great importance for the capital of Israel. The Jerusalem I agree with Shimon Peres. Jeru- the Jewish people. salem is, and should remain, a united Embassy Act of 1995 stated as a matter Jerusalem holds a special place in city—the capital of Israel. I urge the of policy that Jerusalem should remain Jewish history. Since King David, Je- immediate adoption of this resolution. the undivided capital of Israel. Funds rusalem has been at the center of Jew- As the 1995 act did before, Senate Con- for the building of the U.S. Embassy in ish traditions and the very core of Jew- current Resolution 21 will send a prin- Jerusalem were recently appropriated ish faith. The very city itself, not just cipled and constructive signal to all in the fiscal year 1998 appropriations the sites of religious significance, is the parties in the Arab-Israeli negotia- bill, H.R. 1486. considered hallowed by those of the tions that the United States recognizes As a Member of this Senate and a Jewish faith. This issue has personal long-time supporter of Israel, I am Jerusalem as the capital of Israel. Mr. BRYAN. Mr. President, I rise significance to me as well, as members proud to stand with many of my distin- of my own family live and worship in guished colleagues as a cosponsor of today to join my colleagues in observ- ing the 30th anniversary of the reunifi- Jerusalem. this important resolution. Jews have long been the majority of Mr. KYL. Mr. President, I rise in sup- cation of the city of Jerusalem. Al- residents of Jerusalem. However, Jeru- port of Senate Concurrent Resolution though the modern State of Israel was salem is not only important for the 21, commemorating the 30th anniver- founded almost 50 years ago, in 1948, Jewish faith, but for Islam and Christi- sary of the reunification of Jerusalem the city of Jerusalem was at that time anity as well. I am a cosponsor of the as the capital of Israel. still divided between Israel and Jordan, It is an honor to be a cosponsor of and its holy sites were not open to all sense-of-the-Congress resolution that this resolution, as it was to be a co- religious groups. After Jerusalem be- recognizes the significance of a unified sponsor of the 1995 Jerusalem Embassy came one again in 1967, these impor- Jerusalem to the people of Israel and Relocation Act. The 1995 act declared tant historical and religious sites were reiterates the Senate’s position that that the holy city should remain ‘‘un- opened to Christians, Jews, Muslims, Jerusalem must remain an undivided divided’’ and be ‘‘recognized as the cap- and all others who wished to worship or city in which the rights of every ethnic ital of the State of Israel.’’ simply spend some time in the Old City and religious group are protected. Mr. President, for 3,000 years there or at the Western Wall. This resolution also calls on the has been a continuous Jewish presence I have long supported an undivided President to publicly affirm as a mat- in the city of Jerusalem. No other city Jerusalem in which the rights of every ter of United States policy that Jeru- on Earth is the capital of the same ethnic and religious group will be pro- salem must remain the undivided cap- country, inhabited by the same people, tected and respected. Jerusalem is not ital of Israel. Since coming to the Sen- speaking the same language and wor- only the capital of Israel, but also the ate, I have supported initiatives that shipping the same God, for a span of home of more than 40 Christian de- recognize Jerusalem as the capital of three centuries as has been the case nominations and the home of the Mos- Israel. I also supported the Jerusalem with Jerusalem. lem religion. It is imperative that we Embassy Relocation Implementation In 1948, the Arab legion conquered work to preserve this city’s unity and Act of 1995, legislation that will move East Jerusalem, including the Old City, prevent any actions that would threat- the United States Embassy in Israel to as part of the general Arab military of- en this status. At the same time, we Jerusalem. I will continue to work to fensive to prevent Israel from coming must ensure that our efforts to main- ensure that never again will access to into being. Israel retained control over tain unity in the holy city do not di- the old city and its holy sites be denied West Jerusalem. It is important to vide those working toward a lasting to Jews or to persons of any faith. note, Mr. President, that when East Je- peace in the Middle East. Jerusalem is Mr. President, I join my colleagues rusalem was under Arab or Muslim holy to many people in many different on this momentous day in celebrating rule, it never served as a capital city ways, and its future has understand- the triumph of Israel in the Six-Day for the rulers. Between 1948 and 1967, ably been a sensitive issue in the ongo- War and the reunification of Jeru- when East Jerusalem was under Jor- ing peace process. Unfortunately, some salem. danian control, Jordan’s capital re- have used the issue of a unified Jeru- Mr. KENNEDY. Mr. President, I join mained in Amman. I would also note salem to divide those who share in the my colleagues in paying tribute to the that during this time, the holy city city’s heritage. Our support today for nation of Israel and its courageous peo- was closed to other religions. Jews unity in Jerusalem does not in any way ple on the 30th anniversary of the re- were prevented from visiting their holy detract from our support for peace in unification of Jerusalem. places, all the synagogues in the Old the Middle East. The peace process, Today, this remarkable city, with its City were razed and Jewish burial with our unqualified support, must proud history in both the ancient and places were desecrated. move forward. the modern worlds, stands as a center

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5501 of diverse religious and cultural inter- tent on revenge, including the ground. I continue to encourage the ad- ests. Three of the world’s great reli- virulently anti-Israel governments of ministration to join us in correcting a gions—Christianity, Islam, and Juda- Saddam Hussein and Hafez Assad who diplomatic anomaly that we have vis- ism—consider Jerusalem to be a holy came to power over the next couple of ited on our closest ally in the Middle city, and all three have holy sites in years. The United States, quick to rec- East for too long. the city. ognize Israel’s declaration of independ- Mr. President, I offer my deepest con- In 1967, following 20 years of division, ence almost 20 years before, stood by gratulations to the residents of Jeru- Israel reunited Jerusalem during the our Democratic friend, as we would salem, to the citizens of Israel, and to course of its heroic victory in the Six- during the Yom Kippur War 6 years all who appreciate the peace and open- Day War. As the capital of Israel, Jeru- later, and as we have ever since. ness that has reigned over that city salem today is a haven for persons of But there was consequences even since it was reunited 30 years ago. all ethnic and religious groups. As we more profound than the geopolitics. join in commending Israel on this im- The city of David was in Jewish hands. Ms. LANDRIEU. Mr. President, I rise portant anniversary, we also reaffirm Whereas the Jewish graves and syna- today to celebrate the 30th anniversary our commitment to an undivided Jeru- gogues had been desecrated since the of the reunification of Jerusalem and salem. partitioning in 1948, Israel opened the support the resolution offered by my Mr. HATCH. Mr. President, 30 years city to the faithful of the three mono- distinguished colleagues from New ago a singular, unexpected and star- theistic religions. The Muslim leaders York and Florida in marking this aus- tling event reshaped the world. I am re- retained control of al-Aqsa Mosque and picious occasion. Psalm 122 admonishes ferring to the conclusion of the Six- the Dome of the Rock. Hundreds of us to ‘‘pray for the peace of Jeru- Day War of 1967, when the young Jew- thousands of Muslims and Christians salem.’’ This biblical verse is as apt ish state was faced with the amassed have joined Jews since then in pilgrim- now, on the 30th anniversary of the forces of the Arab world, bent on its de- ages to holy Jerusalem. Jerusalem Holy City’s reunification, as it was struction, but prevailed against all today is a city for all faithful. 3,000, years ago. odds and concluded the short but It is also, as so befits the sadness of Jerusalem knew little peace in the 19 bloody war with the victorious forces this bloody 20th century, the center of years before 1967. The end of Israel’s of Israel reclaiming and reuniting the unresolved political disputes. War of Independence left an obscene holy city of Jerusalem. Mr. President, if you look back at no-man’s land of barbed wire, tank It was the first time since the fall of the history of the 1967 war, you see traps, sniper posts, and minefields. Jerusalem in 70 C.E. that the city was that among the Israeli leadership, the Israel’s former adversary left almost entirely in Jewish hands. One of the ac- possibility of exchanging land for a no vestige of Jewish history in the his- counts of the first paratroopers and permanent peace was being considered toric old city untouched, including the soldiers to reach the wall spoke of Gen. within days after the Six-Day war. destruction of 58 synagogues; Jewish Shlomo Goren, then the chief rabbi of This was a radical notion in that part gravestones from the Mount of Olives the Israeli Army, who raced to join the of the world—and the years it took be- were used to build roads and latrines first to reach the wall. Last week’s Je- fore the Sinai was returned was a nec- for occupying troops. rusalem Post recounted that he was essary period when facing hostile re- gimes on every border of a narrow Mr. President, Israel’s foes had as armed only with a Bible and a shofar, much regard for the rights of religious and that as they ran through the nar- state. But Israel has always dem- onstrated its willnessness—in fact, its pilgrims as they did for religious sites: row streets of Old Jerusalem Jews could not visit the Western Wall, Goren did not stop blowing the shofar and insistence—on cohabiting in the re- gion, and cooperating to do so—as long and Israeli Muslims were denied access reciting prayers. His enthusiasm infected the to the Dome of the Rock and the Al soldiers, and from every direction came cries as its sovereignty and right to exist are of ‘‘Amen!’’ The paratroopers burst out in recognized. These notions were at the Aqsa Mosque. During the occupation, song. heart of an unformulated peace process the Christian population of Jerusalem The Jewish author Abraham Joshua then as they are in a more formal declined from 25,000 to 10,000. Heschel wrote movingly of this pivotal peace process now. On the morning of June 7, 1967, our event: It is up to the democratically elected entire world changed. Israeli com- In its solitude the Wall was forced into the government of Israel to determine the mandos stormed through St. Stephen’s role of an unreachable tombstone for the direction and content of that process Gate on the northeast side of the old nameless dead. Suddenly the Wall, tired of today, as it is up to Israel’s Arab city walls and took control over the tears and lamentations, became homesick neighbors to accept the reality of the old city and its centerpiece, the Tem- for song. ‘‘O Come, let us sing to the Lord, Jewish state. ple Mount. They discovered that occu- let us chant in joy to the rock of our salva- But one issue has been left more pying troops had used the Temple tion!’’ (Psalm 95:1) It will be called the Re- muddled than it should be: the status joicing Wall. Mount area, including the Dome of the of Jerusalem. This issue has been de- It was the first time since the parti- Rock and the Al Aqsa mosque, as a bated on this floor for over a decade. I huge ammunition dump. Mr. President, tion of Jerusalem that Jews could pray believe that Jerusalem is the capital of at the Western Wall. In fact, after the what might have happened if the am- Israel, and I have joined many col- munition would have exploded, de- Israeli paratroopers and soldiers liber- leagues in expressing that it should be ated the city, many flocked to the wall stroying the Temple Mount and per- the policy of the United States to rec- haps the nearby Church of the Holy even before the mines left by the Jor- ognize Jerusalem as the undivided cap- danians had been removed. A few days Sepulcher? How great would our spir- ital of Israel, and to cease the artificial itual loss have been? later, the headline of the Jerusalem posturing that has kept our Embassy Post read: ‘‘200,000 at Western Wall in For the first time since the Romans in Tel Aviv. This is what we declared leveled the city in AD 70, Jews con- first pilgrimage since Dispersion’’. when we passed the Jerusalem Em- Heschel wrote: trolled the Western Wall—the sur- bassy Act of 1995, and what we reiter- viving remnant of Herod’s Temple. July, 1967 * * * I have discovered a new ated in our recent resolution, Senate land. Israel is not the same as before. There Concurrent Resolution 21, congratu- Mr. President, shortly after the end is great astonishment in the souls. It is as if of the Six Day War, Israel did some- the prophets had risen from their graves. lating the residents of Jerusalem on Their words ring in a new way. Jerusalem is the 30th anniversary of reunification. thing astonishing for a victorious everywhere, she hovers over the whole coun- With these acts, Congress recognized a power. Israeli officials assured Arab try. There is a new radiance, a new awe. geopolitical reality. There are times leaders that the Muslims would keep Mr. President, the conclusion of this when doing so can enhance the man- control of the Islamic holy places on war had profound geopolitical con- agement of peace, by declaring, once the Temple Mount. That inspired deci- sequences—for the Mideast, and for the and for all, what are the feasible pa- sion began Jerusalem on the road to re- world, as the superpowers responded to rameters of a negotiated peace. These unification and began to heal the the consequences of the defeat of the acts of Congress were such times. If the wounds of centuries. Arab armies. The Soviets increased peace process continues, it will Mr. President, I traveled to Israel their support to the Arab regimes in- progress more certainly on solid with my father when I was 21 and saw

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5502 CONGRESSIONAL RECORD — SENATE June 11, 1997 a city transformed from that which p.m., the Labor Committee be dis- interest in and their suggestions as to had seen pain and anguish for thou- charged from further consideration of how we deal with the supplemental ap- sands of years. Where barbed wire and S. 419, a bill to prevent birth defects by propriations bill. So I think to have 4 armed soldiers had once stood was a developing and implementing new pre- hours of debate makes good sense for magnificent area of trees and grass vention and surveillance strategies and the Senate to be able to hear what Sen- that now surrounds the renovated walls the Senate now proceed to its imme- ators have to say. of the old city. I saw a rebuilt Jewish diate consideration under the following I also indicate to our colleagues that Quarter in the old city. But Mr. Presi- limitation: one substitute amendment there are a lot of discussions underway, dent, most importantly, I saw for my- be in order to be offered by Senator a lot of meetings underway. Today, we self that free and open access to their BOND; that no other amendments be in have been in direct contact with the holy places for people of all faiths was order to the bill; and that there be 30 White House on how some of these not merely the goal in Jerusalem, it minutes equally divided for debate, issues can be resolved. I have had con- was the rule. with Senator BOND in control of 15 versations with Senator DASCHLE. We The city’s parks were revitalized. minutes and the ranking member in are communicating with the House Schools and museums and hospitals control of 15 minutes. Further, fol- leadership to see exactly how they plan sprang up. Music and poetry once again lowing the disposition of the amend- to proceed and when that would be. I rose into Israel’s evening sky. The peo- ment and the expiration or yielding understand perhaps there is a meeting ple came together as artists, archi- back of time, the bill be read a third right now at the White House on some tects, lawyers, and theologians in an time and the Senate proceed to vote on of the provisions of this issue. So I effort that resulted in a city that no passage of the bill, as amended, with no think and I hope that we are making longer just survived but lived and intervening action or debate. some progress and that we can find breathed. The Talmud proclaims that Mr. DASCHLE. Mr. President, reserv- some way to bring this issue to fruition ‘‘of the 10 measures of beauty that ing the right to object, the majority in the next few hours. Hopefully, we came down to the world, Jerusalem leader propounded a similar unani- can have some action on it before we took nine.’’ Mr. President, for the first mous-consent request yesterday. As he go out this week. time since those prophetic words were recalls, I noted that we have not seen But I think while we are doing that, first formed, those ‘‘measures of beau- the amendment proposed by Senator we should be doing the business of the ty’’ saw the light of day. BOND, nor has this legislation had the Senate, having hearings or markups in Mr. President, the question that opportunity to be the subject of hear- committees, particularly the Armed those brave, industrious people tried to ings or markup in the committee. Most Services Committee, which is working answer is one that we still ask today: importantly, however, since we still on the defense authorization bill which How can Jerusalem, which means ‘‘city have not been able to resolve the mat- we hope to have up next week in the of peace,’’ an ancient symbol of human- ter pertaining to disaster relief, I am Senate, and also so that we can con- ity’s aspirations for redemption, be- compelled to object. tinue our efforts to come to an agree- come a living city that does not betray The PRESIDING OFFICER. Objec- ment on how we deal with the supple- the promise of its name? An answer tion is heard by the Chair. The major- mental appropriations, the Govern- tragically eludes us, still today, 30 ity leader is recognized. ment shutdown provision language, the years after Jerusalem’s reunification. f census language, to try to see how we The United States Congress has a can work out an agreement and what UNANIMOUS-CONSENT REQUESTS— long-standing commitment to a united that language might be. It is very im- SUPPLEMENTAL APPROPRIA- Jerusalem governed by Israel. Seven portant we have an opportunity to do TIONS BILL AND AUTHORITY years ago, Congress declared that Jeru- that this very afternoon. That is why I FOR COMMITTEE TO MEET salem ‘‘must remain an undivided make the request. I urge it be consid- city’’ and the Jerusalem Embassy Act Mr. LOTT. Mr. President, I ask unan- ered and that it not be objected to. of 1995 unequivocally stated that Jeru- imous consent that at the hour of 2:05 Mr. DASCHLE. Mr. President, reserv- salem should remain the undivided p.m., the Senate begin 3 hours 55 min- ing the right to object. capital of Israel as a matter of U.S. utes for debate only, to be divided The PRESIDING OFFICER. Is there policy. The resolution introduced by equally between the two leaders or objection? my friends Senator MOYNIHAN and Sen- their designees, for discussions with re- Mr. DASCHLE. Reserving the right ator MACK clearly expresses our con- spect to the supplemental appropria- to object. viction that it should be so. tions bill, and that there be no motions The PRESIDING OFFICER. The mi- Mr. President, it is said that ‘‘one in order during the approximately 4 nority leader is recognized. prayer in Jerusalem is worth 40,000 hours of debate, other than a motion to Mr. DASCHLE. I concur with the dis- elsewhere.’’ This resolution offers the adjourn by the majority leader or his tinguished majority leader about the voice of Congress to those voices com- designee. efforts now underway and his hope and ing from all over our Nation and the I further ask unanimous consent that expectation that at some point these world praying for peace and prosperity it not be in order for the Chair to en- efforts could lead to further success in for this most special city of all cities tertain any unanimous-consent re- resolving the impasse that we have on this truly important day. quests with respect to consideration of faced now for some time. I appreciate Thank you, Mr. President. I yield the any supplemental appropriations bill his leadership and his personal involve- floor. during the 4-hour period described ment in making that effort. above. I also have to note that there are f And, finally, I ask unanimous con- many on our side of the aisle who have AUTHORITY FOR RECORD TO sent that the Armed Services Com- indicated strong objections to commit- REMAIN OPEN UNTIL 5 P.M. mittee be permitted to meet during the tees meeting during such time, so as Mr. LOTT. Mr. President, I ask unan- session of the Senate today, Wednes- not to lose the focus that we currently imous consent that the Record remain day, June 11. have. There are those who are involved open until 5 p.m. today for Members to In support of that unanimous-con- in these efforts who need to be at these submit statements or for the introduc- sent request, before the Chair puts the committee markups who would other- tion of legislation. request, I would just like to observe wise be occupied if they are prevented The PRESIDING OFFICER. Without that I know there are Senators who from participating in the discussions objection, it is so ordered. would like to be heard on this issue, on involving the disaster assistance legis- f the supplemental appropriations bill, lation. about what is in it, the importance of I would amend the unanimous-con- UNANIMOUS-CONSENT REQUEST— it, how it can be resolved, comments on sent request propounded by the major- S. 419 language that is included, a whole vari- ity leader simply to suggest and pro- Mr. LOTT. Mr. President, I ask unan- ety of statements that I am sure Sen- pose a unanimous-consent agreement imous consent that at the hour of 2 ators would like to make to show their that would allow debate on the floor on

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5503 the supplemental, with debate equally mous-consent request by the majority I hope you will think about that be- divided with no further consent re- leader. Is there objection? tween now and tomorrow and let us quests, presuming Senator DORGAN, of Mr. DASCHLE. Reserving the right look at that as a possibility of what we course, has had his opportunity to to object, I ask the majority leader if might do at 2 o’clock tomorrow if make a request, but that there be no he could share a copy of the substitute something else has not already been committee meetings. amendment referred to in the unani- worked out. The PRESIDING OFFICER. Is there mous-consent request. I again thank the Senator for his objection? Mr. LOTT. I don’t have one now, but comments. Mr. LOTT. Mr. President, was there I believe that during this time, while Mr. President, in view of the objec- an objection to my request? we are debating the issue, we could de- tion and the interests that we have, the The PRESIDING OFFICER. The velop one and, as a matter of fact, I be- committees meetings, the Finance Chair heard objection early on. lieve there is a meeting at the White Committee, the Armed Services Com- Mr. LOTT. And you added a request House right now that would be the sub- mittee, the urgency of the work they of your own. Let me make sure I under- ject of this substitute and one we could are doing, I suggest the absence of a stand what it is. First, you are object- agree on. quorum. ing to committee meetings, but you Or I could do it this way. What I sug- The PRESIDING OFFICER. The are asking consent that we take up gested yesterday, and where I think we clerk will call the roll. what? actually should go, is a bill that pro- The assistant legislative clerk pro- Mr. DASCHLE. That we have, as you vides the actual emergency disaster ceeded to call the roll. suggested, debate on the Senate floor funds and the funds for DOD, but not Mr. LOTT. Mr. President, I ask unan- on the supplemental divided evenly for the language and not the supplemental, imous consent that the order for the the next 4 hours, as the majority leader just what has been referred to as a nar- quorum call be rescinded. suggested. row disaster and emergency funding The PRESIDING OFFICER. Without Mr. LOTT. What supplemental is bill only, and the amount I am think- objection, it is so ordered. that? ing about would be in the range of $3.9 f Mr. DASCHLE. It would be the sub- billion. That way, we would get this RECESS ject of the debate as you have pro- issue resolved quickly while we con- posed, as the majority leader has pro- tinue to work on such things as the Mr. LOTT. Mr. President, I ask unan- posed. You had asked unanimous con- census language, where we hope and imous consent that the Senate now sent that there be debate only equally think maybe we can come to some stand in recess until the hour of 6 p.m. divided between the two leaders for dis- agreement. We get this thing done; we The PRESIDING OFFICER. Is there cussions with respect to the supple- get it done now. objection? mental appropriations bill. I am not The House traditionally, as you very Mr. LOTT. Before the Chair puts the suggesting we change that. I am simply well know, is very sensitive about us question, I say to the Democratic lead- saying let’s keep our focus on that, and acting before they do, but we could go er, I made the request that we recess I would not object to a request that in- ahead and have debate on this and take until the hour of 6 p.m. He is putting volved a discussion as the majority some action and hold it at the desk. I the question. I wanted to make sure leader has proposed. think this is one way to deal with this you heard. Mr. LOTT. Mr. President, I believe I emergency. How would the Senator The PRESIDING OFFICER. Is there would object to that, but I have a coun- react to that? objection? Mr. DASCHLE. As I reiterated, terproposal maybe we could consider. I Mr. DASCHLE. No objection. again, this morning to the distin- do want to note also that the Finance The PRESIDING OFFICER. Without guished majority leader, I am more Committee has requested consent to objection, it is so ordered. than happy to look at the language Thereupon, at 2:19 p.m., the Senate meet this afternoon, also to begin the that he suggests. I think there may be recessed until 6 p.m.; whereupon, the process of markup on the reconcili- a way to accommodate just the emer- Senate reassembled when called to ation bill, which is required under the gency and all related legislative pro- order by the Presiding Officer (Mr. budget agreement. I believe it is going posals in the supplemental dedicated to MCCAIN). to be pretty bipartisan in its makeup, dealing with the disasters throughout f in terms of the spending provisions or the country, emergency or whatever the restraint on spending, whichever related matters those may be. MESSAGES FROM THE PRESIDENT the case may be. And in order to have Obviously, we would have to see the Messages from the President of the this legislation completed in the Fi- language before we agreed to any kind United States were communicated to nance Committee by, I believe it is the of procedural commitment that would the Senate by Mr. Williams, one of his 18th of this month, we need to have allow consideration of this yet unseen secretaries. them meeting. proposal. EXECUTIVE MESSAGES REFERRED But I ask unanimous consent, sort of So we would not be in a position As in the executive session the Pre- in the vein of what Senator DASCHLE right now, as the majority leader cer- was talking about, that the Senate now siding Officer laid before the Senate tainly understands, to agree to a unan- messages from the President of the proceed to the consideration of Cal- imous-consent proposal until we have endar No. 18, H.R. 581; and further, no United States submitting sundry nomi- had the opportunity to see the lan- nations which were referred to the ap- amendments be in order, with the ex- guage. But I think the majority leader ception of one substitute amendment propriate committees. is on the right track. And if that will (The nominations received today are to be offered by the majority leader or break the impasse, I am willing to look printed at the end of the Senate pro- his designee; that there be 1 hour total at it. ceedings.) for debate on the bill and the amend- Mr. LOTT. I appreciate the Demo- ment, to be equally divided in the cratic leader’s comments on that. I f usual form; and finally, that following hope that if we cannot find some other MESSAGES FROM THE HOUSE the expiration or yielding back of time way to resolve the disagreements be- At 12:01 p.m., a message from the and the disposition of the substitute tween now and 2 o’clock tomorrow, House of Representatives, delivered by amendment, the bill be read a third that he and I will consult maybe about Mr. Hays, one of its reading clerks, an- time and the Senate proceed imme- the idea of doing just this tomorrow. nounced that the House has passed the diately to vote on passage of the bill, And I do not want in any way to following bills, in which it requests the as amended, if amended, with no inter- dampen the efforts that are underway concurrence of the Senate: to come to a broader total agreement. vening action or debate. H.R. 848. An act to extend the deadline The PRESIDING OFFICER. The But in order to get this emergency ad- under the Federal Power Act applicable to Chair heard objection to the unani- dressed this week—hopefully within the construction of the AuSable Hydro- mous-consent request by the minority the next 24 hours—I think this is the electric Project in New York, and for other leader. We now have before us a unani- way that we want to consider doing it. purposes.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5504 CONGRESSIONAL RECORD — SENATE June 11, 1997 H.R. 1184. An act to extend the deadline EC–2110. A communication from the Assist- EC–2123. A communication from the Acting under the Federal Power Act for the con- ant Secretary of Legislative Affairs, Depart- Deputy Director of the Fish and Wildlife struction of the Bear Creek Hydroelectric ment of State, transmitting, a draft of pro- Service, Department of the Interior, trans- Project in the State of Washington, and for posed legislation concerning the production mitting, pursuant to law, a rule relative to other purposes. of 141 F–2 Combined Interrogator/Trans- endangered status (RIN 1018–AD52) received H.R. 1217. An act to extend the deadline the ponder (CIT) IFF Systems; to the Committee on June 10, 1997; to the Committee on Envi- Federal Power Act for the construction of a on Foreign Relations. ronment and Public Works. hydroelectric project located in the State of EC–2111. A communication from the Assist- EC–2124. A communication from the Gen- Washington, and for other purposes. ant Legal Adviser for Treaty Affairs, Depart- eral Counsel of the Department of Transpor- The message also announced that the ment of State, transmitting, pursuant to tation, transmitting, pursuant to law, a rule law, two reports concerning agreements be- relative to truck size and weight (RIN 2125– House agrees to the following concur- tween the U.S. and Tanzania for Global AE04) received on June 5, 1996; to the Com- rent resolution, in which it requests Learning and Observation to Benefit the En- mittee on Environment and Public Works. the concurrence of the Senate: vironment; to the Committee on Foreign Re- EC–2125. A communication from the Direc- H. Con. Res. 60. Concurrent resolution re- lations. tor of the Office of Regulatory Management lating to the 30th anniversary of the reunifi- EC–2112. A communication from the Assist- and Information, Environmental Protection cation of the city of Jerusalem. ant Secretary of Legislative Affairs, Depart- Agency, transmitting, pursuant to law, ment of State, transmitting, a draft of pro- seven rules including a rule relative to Ap- f posed legislation concerning the Integrated proval and Promulgation of Implementation MEASURES REFERRED Full Face Helmet in Germany; to the Com- Plans (FRL–5836–8, 5836–2, 5836–6, 5834–4, 5835– mittee on Foreign Relations. 4, 5832–2, 5835–8) received on June 5, 1997; to The following bills were read the first EC–2113. A communication from the Assist- the Commmittee on Environment and Public and second times by unanimous con- ant Secretary of Legislative Affairs, Depart- Works. sent and referred as indicated: ment of State, transmitting, pursuant to EC–2126. A communication from the Direc- H.R. 848. An act to extend the deadline law, a certification license concerning the tor of the Office of Regulatory Management under the Federal Power Act applicable to export of defense articles or defense services, and Information, Environmental Protection the construction of the AuSable Hydro- received on May 29, 1997; to the Committee Agency, transmitting, pursuant to law, three electric Project in New York, and for other on Foreign Relations. rules including a rule relative to Approval purposes; to the Committee on Energy and EC–2114. A communication from the Assist- and Promulgation of Implementation Plans Natural Resources. ant Attorney General, Office of Legislative (FRL–5839–7, 5839–6, 5840–8) received on June H.R. 1184. An act to extend the deadline Affairs, Department of Justice, transmit- 9, 1997; to the Commmittee on Environment under the Federal Power Act for the con- ting, pursuant to law, a report concerning and Public Works. struction of the Bear Creek Hydroelectric The Foreign Agents Registration Act; to the EC–2127. A communication from the Acting Project in the State of Washington, and for Committee on Foreign Relations. Director of the Fish and Wildlife Service, De- other purposes; to the Committee on Energy EC–2115. A communication from the Assist- partment of the Interior, transmitting, pur- and Natural Resources. ant General Counsel, U.S. Information Agen- suant to law, a rule relative to endangered H.R. 1217. An act to extend the deadline cy, transmitting, pursuant to law, a report of status (RIN1018–AC52) received on June 10, under the Federal Power Act for the con- a rule concerning the Immigration and Na- 1997; to the Committee on Environment and struction of a hydroelectric project located tionality Act on the behalf of aliens as Public Works. in the State of Washington, and for other amended, received on May 22, 1997; to the EC–2128. A communication from the Ad- purposes; to the Committee on Energy and Committee on Foreign Relations. ministrator of the Agricultural Marketing EC–2116. A communication from the Ad- Service, Department of Agriculture, trans- Natural Resources. ministrator, Department of Transportation, mitting, pursuant to law, a rule relative to f transmitting, pursuant to law, a report con- melons, received on June 6, 1997; to the Com- MEASURE PLACED ON THE cerning European and Australian offset mittee on Agriculture, Nutrition, and For- crash tests; to the Committee on Appropria- estry. CALENDAR tions. EC–2129. A communication from the Con- The following measure was placed on EC–2117. A communication from the Direc- gressional Review Coordinator of Animal and the calendar: tor of the Policy Management Staff, Office of Plant Health Inspection Service, Marketing Policy Food and Drug Administration, De- H. Con. Res. 60. Concurrent resolution re- and Regulatory Programs, Department of partment of Health and Human Services, lating to the 30th anniversary of the reunifi- Agriculture, transmitting, pursuant to law, transmitting, pursuant to law, a report of a cation of the city of Jerusalem. a rule relative to viruses, serums, toxins and rule concerning Polydextrose, received on analogous products, received on June 9, 1997; f June 10, 1997; to the Committee on Labor and to the Committee on Agriculture, Nutrition, EXECUTIVE AND OTHER Human Resources. and Forestry. EC–2118. A communication from the Direc- COMMUNICATIONS EC–2130. A communication from the Con- tor of the Policy Management Staff, Office of gressional Review Coordinator of Animal and The following communications were Policy Food and Drug Administration, De- Plant Health Inspection Service, Marketing laid before the Senate, together with partment of Health and Human Services, and Regulatory Programs, Department of accompanying papers, reports, and doc- transmitting, pursuant to law, a report of a Agriculture, transmitting, pursuant to law, uments, which were referred as indi- rule concerning Menhaden Oil, received on a rule relative to approved treatments, re- cated: June 10, 1997; to the Committee on Labor and ceived on June 5, 1997; to the Committee on Human Resources. Agriculture, Nutrition, and Forestry. EC–2106. A communication from the Chief EC–2119. A communication from the Sec- EC–2131. A communication from the Chair- of the Regulations Unit of the Internal Rev- retary of Health and Human Services, trans- man of the Securities and Exchange Com- enue Service, Department of the Treasury, mitting, pursuant to law, a report on a rule mission, transmitting, pursuant to law, the transmitting, pursuant to law, a Treasury concerning protecting animals in the U.S. report of the Securities Investor Protection Notice 97–25, received on June 9, 1997; to the from diseases, received on June 5, 1997; to the Corporation for calendar year 1996; to the Committee on Finance. Committee on Labor and Human Resources. Committee on Banking, Housing, and Urban EC–2107. A communication from the Acting EC–2120. A communication from Assistant Affairs. General Counsel, Department of Energy, General Counsel for Regulations, Depart- EC–2132. A communication from the Chair- transmitting, pursuant to law, a rule amend- ment of Education, transmitting, pursuant person of the Appraisal Subcommittee of the ing the State Energy Program (RIN 1904– to law, a notice concerning final funding pri- Federal Financial Institutions Examination AA81), received on June 4, 1997; to the Com- orities administered by (OSERS); to the Council, transmitting, pursuant to law, the mittee on Energy and Natural Resources. Committee on Labor and Human Resources. annual report for calendar year 1996; to the EC–2108. A communication from the Sec- EC–2121. A communication from the In- Committee on Banking, Housing, and Urban retary of Veterans’ Affairs, transmitting, a spector General of the Department of Health Affairs. draft of proposed legislation entitled ‘‘Vet- and Human Services, transmitting, pursuant EC–2133. A communication from the Attor- erans’ Housing Loan Improvements Act of to law, the audit report required under the ney-Advisor of the Federal Housing Finance 1997’’; to the Committee on Veterans’ Af- Superfund Amendments and Reauthorization Board, transmitting, a notice relative to the fairs. for fiscal year 1995; to the Committee on En- rule entitled ‘‘Community Support Require- EC–2109. A communication from the Acting vironment and Public Works. ments’’; to the Committee on Banking, Associate Deputy Administrator for Govern- EC–2122. A communication from the Acting Housing, and Urban Affairs. ment Contracting and Minority Enterprise Director of the Fish and Wildlife Service, De- EC–2134. A communication from the Chair- Development, U.S. Small Business Adminis- partment of the Interior, transmitting, pur- man of the Board of Governors of the Federal tration, transmitting, pursuant to law, a re- suant to law, a rule relative to Endangered Reserve System, transmitting, pursuant to port entitled ‘‘Minority Small Business and Status (RIN 1018–AC19) received on June 10, law, the report on retail fees and services of Capital Ownership Development’’; to the 1997; to the Committee on Environment and depository institutions; to the Committee on Committee on Small Business. Public Works. Banking, Housing, and Urban Affairs.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5505 EC–2135. A communication from the Attor- torical flood and hydrology data, flood con- Whereas irrigators within the Klamath ney-Advisor of the Federal Housing Finance trol measures, existing and planned develop- Project have acquired rights to the use of Board, transmitting, a notice relative to the ment, and topography; and waters of the Klamath River for irrigation, rule entitled ‘‘Technical Amendment to Defi- Whereas, For many communities in Texas, and these rights are recognized and con- nition of Deposits in Banks or Trust Compa- the flood insurance requirement is deter- firmed in the Klamath River Basin Compact, nies’’; to the Committee on Banking, Hous- mined using maps that may have been drawn ratified by the states of Oregon and Cali- ing, and Urban Affairs. as far back as the 1970s or early 1980s; these fornia and consented to by Act of Congress EC–2136. A communication from the Assist- dated flood maps do not accurately reflect in 1957; and ant Secretary for Environmental Manage- changes in population, development, or flood Whereas the State of Oregon has the legal ment, Department of Energy, transmitting, control or storm sewer improvements that a authority to quantify and regulate rights to pursuant to law, the report on the reduction community may have implemented to reduce the use of water in Oregon; and of environmental hazards and contamination the risk of flooding; and Whereas the State of Oregon has under- resulting from defense waste for fiscal year Whereas, A glaring example of this prob- taken to adjudicate certain rights to the use 1996; to the Committee on Armed Services. lem is the City of Laredo, where residents of the Klamath River and its tributaries; and EC–2137. A communication from the Dep- and business owners are required to purchase Whereas the United States Court of Ap- uty Under Secretary of Defense (Environ- flood insurance based on FEMA-designated peals has confirmed, over the objection of mental Security), transmitting, pursuant to flood zone maps drawn in 1982; and the United States Department of the Inte- law, the fiscal year 1996 Defense Environ- Whereas, During the past decade, the City rior, that the State of Oregon has the right mental Quality Program report; to the Com- of Laredo has constructed numerous con- and responsibility to determine and admin- mittee on Armed Services. crete channels to divert flood waters and has ister the rights of claimants to the use of the EC–2138. A communication from the Sec- made storm sewer improvements to help re- Klamath River and its tributaries; and retary of Defense, transmitting, notices rel- duce the risk of flood; these projects have Whereas the United States Department of ative to retirements; to the Committee on been carried out to accommodate the rapid the Interior has directed and proposes to di- Armed Services. population growth in the city, which has tri- rect the operation of Klamath Project facili- EC–2139. A communication from the Direc- pled in size over the last 15 years; and ties to allocate water to purposes other than tor of the Office of Small and Disadvantaged Whereas, The result of federally mandated irrigation, including instream purposes and Business Utilization, (Acquisition and Tech- flood insurance requirements based on out- instream uses in California; and nology) Under Secretary of Defense, trans- dated maps has created a windfall for insur- Whereas the Department of the Interior mitting, pursuant to law, the report on small ance companies, which are collecting mil- has used and proposes to use the bed of Upper disadvantage business, historically Black lions of dollars in flood insurance from peo- Klamath Lake for the storage of water for colleges and universities, and minority insti- ple who no longer live in flood zones: Now, purposes other than irrigation, in contraven- tutions; to the Committee on Armed Serv- therefore, be it tion of the limited authority granted by the ices. Resolved, That the 75th Legislature of the State of Oregon; and EC–2140. A communication from the Assist- State of Texas hereby urge the Congress of Whereas the Department of the Interior ant Secretary of the Navy (Installations and the United States to request that the Fed- purports to have the authority to adminis- Environment), transmitting, pursuant to eral Emergency Management Agency update tratively determine and allocate the water of law, the report of a study relative to out- community flood maps every 10 years; and, Oregon and to allocate water away from au- sourcing; to the Committee on Armed Serv- be it further thorized Klamath Project irrigation uses; ices. Resolved, That the Texas secretary of state and EC–2141. A communication from the Sec- forward official copies of this resolution to Whereas the position of the State of Or- retary of Energy, transmitting, pursuant to the president of the United States, to the egon is that the Department of the Interior law, a report entitled ‘‘Federal Government speaker of the house of representatives and lacks authority to allocate water or reallo- Energy Management and Conservation Pro- president of the senate of the United States cate Klamath Project water supplies and the grams, Fiscal Year 1995’’; to the Committee Congress, and to all members of the Texas administration of water must proceed in a on Energy and Natural Resources. delegation to the congress with the request manner consistent with Oregon’s system for the administration of water rights; and f that it be officially entered in the Congres- sional Record as a memorial to the Congress Whereas the Department of the Interior PETITIONS AND MEMORIALS of the United States of America. has failed and refused to address legitimate, fair and fundamental questions concerning The following petitions and memo- its authority and actions; and rials were laid before the Senate and POM–133. A resolution adopted by the Sen- ate of the Legislature of the State of Oregon; Whereas the Department of the Interior were referred or ordered to lie on the to the Committee on Energy and Natural Re- has failed and refused to protect the rights of table as indicated: sources. the water users in the Klamath Project vis a vis the thousands of junior users in the POM–131. A resolution adopted by the SENATE RESOLUTION 3 Roane County (Tennessee) Commission rel- Klamath watershed, and has instead pro- Whereas the State of Oregon owns the ative to the National Spallation Neutron posed only to reallocate water used in the water resources within the state’s rivers, Source; to the Committee on Commerce, Klamath Project to other users and uses; and streams and lakes; and Science, and Transportation. Whereas the actions of the Department of Whereas the State of Oregon has author- POM–132. A concurrent resolution adopted the Interior have resulted in division, dis- ized and allowed for the acquisition of the by the Legislature of the State of Texas; to trust and anger; and right to the use of water for beneficial pur- the Committee on Banking, Housing, and Whereas it is desirable and in the interests poses and any person may perfect such water Urban Affairs. of the State of Oregon that the rights and in- right as a vested property right under Or- terests of the Klamath Project irrigators and HOUSE CONCURRENT RESOLUTION 109 egon law; and Oregon’s system for the allocation and ad- Whereas, To ensure the prudent use of tax Whereas chapter 228, Oregon Laws 1905, ministration of water rights be respected; dollars designated for disaster assistance, specifically authorized appropriation of now, therefore, the federal Flood Disaster Protection Act of water for use in projects authorized under Be It Resolved by the Senate of the State of 1973 mandates the purchase of flood insur- the Federal Reclamation Act of 1902; and Oregon: ance as a condition of receipt of federal or Whereas chapter 5, Oregon Laws 1905, spe- (1) The President and the Congress of the federally related financial assistance for the cifically authorized the use of the bed of the United States are respectfully urged to: acquisition or construction of buildings in Upper Klamath Lake for the storage of water (a) Act to ensure the protection and re- Special Flood Hazard Areas (SFHAs); and for reclamation and irrigation use and for no spect for the State of Oregon’s authority to Whereas, the Act prohibits federal agencies other purpose; and allocate water and to determine and admin- such as the Federal Housing Administration, Whereas the Klamath Project was author- ister rights to the use of water; and the Veterans Administration, the Small ized and constructed pursuant to the laws of (b) Ensure that the United States Depart- Business Administration, and any federally the states of Oregon and California and the ment of the Interior and other federal agen- regulated lending institution from making United States; and cies do not operate or direct the operation of or guaranteeing a loan for a building in an Whereas pioneers, settlers, homesteaders Kamath Project facilities except in accord- SFHA unless flood insurance has been pur- and veterans of two world wars, by their in- ance with the State of Oregon’s system for chased; additionally, it is standard practice dustry and commitment, have made the the determination and administration of for most mortgage companies to require farmland in the Klamath Project enormously water rights and to ensure, at a minimum, flood insurance on property in designated productive and a valued part of the economy that the priority of rights in the Klamath flood zones as a condition of a loan; and and culture of the states of Oregon and Cali- Project to the use of Klamath River water is Whereas, The Federal Emergency Manage- fornia; and enforced and protected. ment Agency (FEMA), the entity responsible Whereas water has been appropriated to (2) A copy of this resolution shall be sent for designating and mapping flood risk zones, beneficial use within the Klamath Project in to the President of the United States, the uses several criteria to establish floodplain Oregon and California for irrigation of ap- Secretary of the United States Department classifications, including a community’s his- proximately 230,000 acres; and of the Interior, the President of the Senate

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5506 CONGRESSIONAL RECORD — SENATE June 11, 1997

and the Speaker of the House of Representa- SENATE CONCURRENT RESOLUTION 32 rately or in cooperation with the State of tives of the United States and to each mem- Whereas, The south bank of the Red River Oklahoma or the United States, or both, as ber of the Oregon Congressional Delegation. constitutes the boundary between the states may be necessary or convenient to accom- of Texas and Oklahoma; and plish the purposes of this resolution; and POM–134. A concurrent resolution adopted Whereas, The exact determination of where (4) to report to the governor and the Legis- by the Legislature of the State of Texas; to the south bank of the Red River is located is lature of the State of Texas annually no the Committee on the Judiciary. extremely difficult to ascertain and subject later than January 15 of each year its find- HOUSE CONCURRENT RESOLUTION 94 to widely divergent opinion; and ings and recommendations concerning joint Whereas, The American people have been Whereas, The south bank of the Red River action by the State of Texas and the State of threatened by terrorists’ actions against is not a permanent location, but is con- Oklahoma; and, be it further citizens, government, and private property, stantly changing; and Resolved, That the Red River Boundary with many of these terrorist activities being Whereas, The federal government claims Commission shall terminate on June 30, 2000; carried out with explosive materials; and ownership of the south half of the Red River and, be it further Whereas, In passing the Antiterrorism and within a 116-mile stretch between the 98th Resolved, That the legislature hereby re- Effective Death Penalty Act of 1996 (Pub. L. Meridian and the mouth of the North Fork of spectfully request the president and the Con- No. 104–132), the United States Congress the Red River; and gress of the United States to meet and confer closed several loopholes in the effective ad- Whereas, The Kiowa, Comanche, and with the commission and the representatives ministration of justice against terrorist ac- of the State of Oklahoma and to assist in Apache tribes claim entitlement to 621⁄2 per- tivities; in particular, mandating that the cent of the revenues derived from oil and gas carrying out the purposes of this resolution; Bureau of Alcohol, Tobacco, and Firearms and, be it further (BATF) conduct a study on the feasibility of production from these lands; and Whereas, The changing location of the Resolved, That the governor of the State of tagging, or rendering inert, several products Texas be and is hereby empowered and re- related to the production of explosive mate- south bank and the difficulty in determining its location at any given time have created quested to forward a copy of this resolution rials; and to the governor of the State of Oklahoma Whereas, The same act of congress also re- problems in the enforcement of laws, collec- tion of taxes, economic development, and the and to request that the governor or legisla- quired the use of detection agents in plastic ture of that state appoint representatives of explosives, increased penalties for conspir- establishment of property ownership; and the State of Oklahoma to confer and act in acies involving the use of explosives, and Whereas, It is to the mutual advantage of conjunction with the commission for the provided assistance to law enforcement per- the states of Texas and Oklahoma to agree purposes above specified, with the under- sonnel to combat the threat of terrorism on and establish a practicable boundary be- standing that each state pay all expenses of both domestically and abroad; and tween both states; and Whereas, The Legislature of the State of Whereas, By House Concurrent Resolution its representatives; and, be it further Texas is aware of the research and imple- 128, Acts of the 74th Legislature, the Texas Resolved, That the Texas secretary of state mentation efforts of other countries that Red River Boundary Commission was cre- forward official copies of this resolution to may provide useful information to protect ated; and the president of the United States, the lives and property through the careful and Whereas, The term of the commission ex- speaker of the house of representatives and successful use of taggants; and pires on June 30, 1998; and president of the senate of the United States Whereas, The BATF is being assisted in its Whereas, The states of Texas and Okla- Congress and to all members of the Texas effort to study the technical options and fea- homa are working together to adopt a delegation to the congress with the request sibility by the National Research Council boundary compact to present to their respec- that it be officially entered in the Congres- (NRC), and to provide this assistance, the tive legislatures; and sional Record as a memorial to the Congress NRC has established a ‘‘Committee on Mark- Whereas, If the Texas Red River Boundary of the United States of America. ing, Rendering Inert, and Licensing of Explo- Commission is unable to reach a boundary sive Materials’’; now, therefore, be it agreement with the Oklahoma Red River POM–136. A resolution adopted by the Sen- Resolved, That the 75th Legislature of the Boundary Commission on or before June 30, ate of the Legislature of the State of Michi- State of Texas hereby commend the United 1998, the work of the commission will be lost; gan; to the Committee on Labor and Human States Congress for recognizing the threat to and Resources. public health and security from the misuse Whereas, It is to the benefit of the citizens SENATE RESOLUTION NO. 61 of explosives; and, be it further Resolved, That the legislature pledge its of Texas to extend the term of the Texas Whereas, in the years since science discov- full support to the efforts now underway by commission and enable it to continue its ered the harmful effects of chlorofluoro- the BATF and the NRC to study the eco- work toward a joint boundary resolution; carbons on the earth’s protective ozone nomic, practical, and technical feasibility of now, therefore, be it layer, the United States and other industrial tagging, or otherwise rendering inert, explo- Resolved by the 75th Legislature of the State nations have implemented numerous sive materials; and, be it further of Texas, That the term of the Red River changes to reduce the release of certain Resolved, That the legislature strongly sup- Boundary Commission is hereby extended to chemicals into the air. An international port the active participation of stakeholder June 30, 2000; commission members, not to agreement, the Montreal Protocol, has put interests, including representatives of af- exceed 17 in number, shall be appointed by in place requirements that will have far- fected manufacturers and law enforcement the governor; the commissioners shall be reaching health benefits. Alternate processes personnel, in the conduct of the BATF and representative of private property owners, and materials are now used instead of CFCs NRC studies; and, be it further local government elected officials, mineral routinely by all Americans; and Resolved, That the legislature urge the par- interests, and the general public; such mem- Whereas, in addition to the industrial and ticipants of the NRC study to carefully con- bers shall serve without compensation, ex- refrigeration uses of CFCs, the chemicals are sider the experiences of other countries and cept for reasonable travel reimbursement; invaluable to millions of people for their how those experiences may relate to the staffing for this commission shall be pro- medical applications. An exception to the NRC study; and, be it further vided by the General Land Office, the Office ban on CFCs was made for their essential Resolved, That the legislature looks for- of the Attorney General, and the Texas Nat- uses in pharmaceuticals. For the 30 million ward to the results of the BATF and NRC ural Resource Conservation Commission; Americans with various respiratory condi- studies, both the interim report, which is and, be it further tions, including asthma and cystic fibrosis, due April 1997, and the final report, which is Resolved, That the chairman shall be ap- CFCs are essential to metered dose inhalers due February 1998, to advise the State of pointed by the governor; and, be it further (MDI), a vital component of treatment. In Texas in establishing reasonable and effec- Resolved, That it shall be the duty of the recognition of the life-saving work that tive controls on explosive materials and commission to confer and act in conjunction MDIs have made possible over the past forty thereby contribute to the enhanced protec- with the representatives appointed on behalf years, provisions have been made through tion of all Texans; and, be it further Resolved, That the Texas secretary of state of the State of Oklahoma for the following the Montreal Protocol and the FDA to phase forward official copies of this resolution to purposes: in restrictions for CFCs in MDIs; and the president of the United States, to the (1) to initially make a joint investigation Whereas, the current plan is for all CFCs speaker of the house of representatives and at the joint expense of the two states as to to be prohibited from MDIs one year after a the president of the senate of the United the appropriate method of establishing a single non-CFC MDI is available. This pro- States Congress, and to all the members of practicable location of the common bound- posal, if put in place without amendment, the Texas delegation to the congress with ary between the two states with respect to holds many perils for sufferers of asthma, the request that this resolution be officially the Red River; chronic obstructive pulmonary disease, and entered in the Congressional Record as a me- (2) to investigate, negotiate, and report as cystic fibrosis; and morial to the Congress of the United States to the necessity and advisability of a com- Whereas, as alternatives to CFCs in MDIs of America. pact between the two states defining and lo- are developed, it is necessary to acknowledge cating a practicable, identifiable state line; that the success of inhalers in delivering POM–135. A concurrent resolution adopted (3) to hold such hearings and conferences medications is enhanced by the fact that by the Legislature of the State of Texas; to in either of the two states as may be re- there are several options available to pa- the Committee on the Judiciary. quired and to take such action, either sepa- tients. Some types of inhalers and products

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5507 work better with some patients than others est products be accomplished within the Jose-Marie Griffiths, of Tennessee, to be a with the identical disease. There needs to be state; and Member of the National Commission on Li- an adequate number of alternatives for Whereas, considering the Commerce Clause braries and Information Science for a term treatment for patients, instead of ending the of the United States Constitution, in expiring July 19, 2001. search for new products after only one is Southcentral Timber Development, Inc. v. Kathryn O’Leary Higgins, of South Da- identified; now, therefore, be it Wunnicke, 467 U.S. 82, 81 L.Ed.2d 71, 104 S.Ct. kota, to be Deputy Secretary of Labor. Resolved by the Senate, That we memori- 2237 (1984), the United States Supreme Court Yerker Andersson, of Maryland, to be a alize the Congress of the United States and determined that the state’s regulation could Member of the National Council on Dis- the Food and Drug Administration to phase not be given effect; while the court found ability for a term expiring September 17, 1999 out the use of chlorofluorocarbons from med- evidence of a clearly defined federal policy (Reappointment). ical inhalers in a schedule of at least three imposing primary manufacture requirements (The above nominations were re- years to permit the development of as many as to timber taken from federal land in Alas- ported with the recommendation that treatment alternatives as possible; and be it ka, it determined that the existing Congres- further sional sanction reached only to activities on they be confirmed, subject to the nomi- Resolved, That copies of this resolution be federal land and concluded that the state’s nees’ commitment to respond to re- transmitted to the President of the United assertion of Congressional authorization by quests to appear and testify before any States Senate, the Speaker of the United silence to allow a state to regulate similar duly constituted committee of the Sen- States House of Representatives, the mem- activities on nonfederal land could not be in- ate.) bers of the Michigan congressional delega- ferred; and f tion, and the Food and Drug Administration Whereas since the Wunnicke decision, the Congress has, in the Forest Resources Con- INTRODUCTION OF BILLS AND POM–137. A joint resolution adopted by the servation and Shortage Relief Act of 1990, ex- JOINT RESOLUTIONS Legislature of the State of Alaska; to the tended an existing ban on unprocessed log Committee on Appropriations. exports from federal land in the 11 contig- The following bills and joint resolu- LEGISLATIVE RESOLVE NO. 8 uous Western states to cover timber har- tions were introduced, read the first Be it resolved by the Legislature of the State vested from nonfederal sources in those and second time by unanimous con- of Alaska: states; the extension of the ban on unproc- sent, and referred as indicated: Whereas the United States and Canada en- essed log exports in those states collectively By Mr. TORRICELLI: tered into an agreement to reconstruct and does not affect Alaska; and S. 875. A bill to promote online commerce pave the Alaska Highway from the Alaska- Whereas the principal purposes, stated or and communications, to protect consumers Canada border to Haines Junction, Yukon assumed, in the 1990 Congressional Act for and service providers from the misuse of Territory, Canada, and the Haines Cutoff extending the ban on unprocessed log exports computer facilities by others sending bulk Highway from Haines Junction, Yukon Ter- in the contiguous Western states—the effi- unsolicited electronic mail over such facili- ritory, Canada, to the Alaska-Canada border cient use and effective conservation of for- ties, and for other purposes; to the Com- near Haines, Alaska, known as the Shakwak ests and forest resources, the avoidance of a mittee on Commerce, Science, and Transpor- project, as authorized in the Federal-Aid shortfall in unprocessed timber in the mar- tation. Highway Act of 1973; and ketplace, and concern for development of a By Mr. GREGG (for himself, Mr. Whereas the Congress authorized $59,000,000 rational log export policy as a national mat- TORRICELLI, Mr. SMITH of New Hamp- in 1973 for the project and has appropriated ter—are equally valid with respect to the shire, and Mr. JOHNSON): $47,000,000 to the Federal Highway Adminis- significant timber resources held by this S. 876. A bill to establish a nonpartisan tration for actual construction by Canada; state, its political subdivisions, and its pub- commission on Federal election campaign and lic university; and practices and provide that the recommenda- Whereas the Congress further authorized Whereas the state cannot act to regulate, tions of the commission be given expedited $20,000,000 a year for fiscal years 1993–1996 restrict, or prohibit the export of unproc- consideration by Congress; to the Committee under the Intermodal Surface Transpor- essed logs harvested from land of the state, on Rules and Administration. its political subdivisions, and the University tation Efficiency Act of 1991, which has been By Mr. MCCAIN (by request): fully appropriated; and of Alaska without a legislative expression S. 877. A bill to disestablish the National Whereas, in the last 16 years, the state has demonstrating Congressional intent that is Oceanic and Atmospheric Administration provided $37,000,000 of state federal-aid high- unmistakably clear; Corps of Commissioned Officers; to the Com- way apportionments to assist in meeting the Be it resolved, That the Legislature of the mittee on Commerce, Science, and Transpor- obligations of the agreement; and State of Alaska urges the United States Con- tation. Whereas the estimated amount necessary gress to give an affirmative expression of ap- By Mr. HATCH: to complete the entire project was in the proval to a policy authorizing the state to S. 878. A bill to redesignate the Federal order of $260,000,000 in United States dollars; regulate, restrict, or prohibit the export of building located at 717 Madison Place, North- be it unprocessed logs harvested from its land and west, in the District of Columbia, as the Resolved, That the Alaska State Legisla- from the land of its political subdivisions ‘‘Howard T. Markey National Courts Build- ture respectfully requests the United States and the University of Alaska. ing’’; to the Committee on Environment and government and the Canadian government to f Public Works. honor their agreement and provide the addi- REPORTS OF COMMITTEES By Mr. FEINGOLD: tional funds necessary through direct federal S. 879. A bill to provide for home and com- appropriations, independent of the federal The following reports of committees munity-based services for individuals with funds apportioned to Alaska by the Federal were submitted: disabilities, and for other purposes; to the Highway Administration, to complete the re- By Mr. MURKOWSKI, from the Committee Committee on Finance. maining portions of the Shakwak project; on Energy and Natural Resources, with an By Mr. GORTON: and be it S. 880. A bill to authorize the Secretary of Further resolved, That the United States amendment in the nature of a substitute: S. 417. A bill to extend energy conservation Transportation to issue a certificate of docu- Congress is respectfully requested to imme- mentation with appropriate endorsement for diately appropriate an additional $94,000,000 programs under the Energy Policy and Con- servation Act through September 30, 2002 employment in the coastwise trade for the to allow work on additional project segments vessel DUSKEN IV; to the Committee on to proceed to a bituminous surface treat- (Rept. No. 105–25). By Mr. MURKOWSKI, from the Committee Commerce, Science, and Transportation. ment standard. on Energy and Natural Resources, without By Mr. WYDEN (for himself and Mr. SMITH of Oregon): POM–138. A joint resolution adopted by the amendment: H.R. 649. A bill to amend sections of the S. 881. A bill to provide for a land exchange Legislature of the State of Alaska; to the Department of Energy Organization Act that involving the Warner Canyon Ski Area and Committee on Banking, Housing, and Urban are obsolete or inconsistent with other stat- other land in the State of Oregon; to the Affairs. utes and to repeal a related section of the Committee on Energy and Natural Re- LEGISLATIVE RESOLVE NO. 10 Federal Energy Administration Act of 1974 sources. Be it resolved by the Legislature of the State (Rept. No. 105–26). By Mrs. BOXER: of Alaska: S. 882. A bill to improve academic and so- f Whereas Alaska had, by regulation, im- cial outcomes for students by providing pro- posed a primary manufacturing requirement EXECUTIVE REPORTS OF ductive activities during after school hours; applicable to timber harvested from state- COMMITTEES to the Committee on Labor and Human Re- owned land that is destined for export from sources. the state; and The following executive reports of By Mr. GREGG (for himself, Mr. ROTH, Whereas that regulation was permissive, committees were submitted: Mr. FAIRCLOTH, Mrs. HUTCHISON, Mr. allowing the director of the division of land By Mr. JEFFORDS, from the Committee MURKOWSKI, Mr. SANTORUM, and Ms. to require that primary manufacture of for- on Labor and Human Resources: COLLINS):

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5508 CONGRESSIONAL RECORD — SENATE June 11, 1997 S. 883. A bill to amend the Internal Rev- However, many people do not wish to And the bill also contains a pro-ac- enue Code of 1986 to encourage savings and receive unsolicited e-mail at all. And tive provision which effectively defines investment through individual retirement many new businesses are less than prior notice as including either direct accounts, to provide pension security, port- notice or notice through a standard ability, and simplification, and for other pur- fully legitimate—all too frequently, poses; to the Committee on Finance. unsolicited e-mail arrives with no re- method adopted by an Internet stand- By Mr. CLELAND: turn address, and no means of opting- ard setting body, like the Internet En- S. 884. A bill to amend the Appalachian Re- out of future mailings. In fact, it is gineering Task Force. In other words, gional Development Act of 1965 to add Elbert precisely because many bulk e-mailers we allow the IETF or another commu- County and Hart County, Georgia, to the Ap- know that their activities are going to nity-recognized organization to dis- palachian region; to the Committee on Envi- meet massive opposition that they dis- cuss, develop, and adopt a method of ronment and Public Works. preemptively informing all senders By Mr. D’AMATO (for himself, Mr. guise their identities or alter their re- turn addresses. that certain recipients do not want to KERRY, Mrs. BOXER, Mr. BRYAN, Ms. receive any unsolicited electronic mail. MOSELEY-BRAUN, Mrs. MURRAY, and Newly developed software and in- Mr. CHAFEE): creasingly brazen cyber-promoters This could take the form of an opt-out S. 885. A bill to amend the Electronic Fund have only exacerbated the problem. In system, an opt-in system, or even some Transfer Act to limit fees charged by finan- some cases, these messages have sort of address labeling standard— cial institutions for the use of automatic slowed down or even crippled Internet whatever the Internet community teller machines, and for other purposes; to service through local or national Inter- chooses to adopt. But once the stand- the Committee on Banking, Housing, and ard is in place, my bill will require that Urban Affairs. net service providers. Many of these new cyber-promoters senders comply with that standard. We By Mr. MCCONNELL (for himself and have given the Internet community the Mr. LIEBERMAN): collect millions of addresses from serv- S. 886. A bill to reform the health care li- ice providers without consent, mail to tools to enforce their own pro-active ability system and improve health care qual- those who have already expressed a de- steps, and I believe this achieves a ity through the establishment of quality as- sire to be kept off bulk e-mail lists, or proper balance between Government surance programs, and for other purposes; to purposefully disguise their identity or action and self-regulation. As much as the Committee on Labor and Human Re- return address. They refuse to yield to is possible, Congress should avoid dic- sources. tating the details of Internet architec- By Ms. MOSELEY-BRAUN (for herself public pressure, private suit or any other citizen action, and the more de- ture. and Mr. DEWINE): Second, my bill will prohibit sending S. 887. A bill to establish in the National structive of their tactics must be ad- unsolicited e-mail from an unregis- Service the National Underground Railroad dressed before the situation over- Network to Freedom program, and for other tered, illegitimate, or fictitious Inter- whelms the Internet and paralyzes le- net domain for the purpose of pre- purposes; to the Committee on Energy and gitimate online commerce—something Natural Resources. venting an easy reply. Such tactics must be done. f have become increasingly common in As a result, I have been working for recent months, because the less respon- STATEMENTS ON INTRODUCED some time now with privacy groups, sible marketers know—they just BILLS AND JOINT RESOLUTIONS marketers, online service providers, know—that many of the recipients of By Mr. TORRICELLI: and others to develop strong but rea- their unsolicited junk will be unhappy S. 875. A bill to promote online com- sonable legislation to put a stop to the and wish to respond. Rather than act merce and communications, to protect most destructive e-mail practices, responsibly and respond to complaints consumers and service providers from while protecting the first amendment as they come in, these fly-by-night the misuse of computer facilities by rights of all who wish to send legiti- marketers prefer to make it impossible others sending bulk unsolicited elec- mate e-mail of any kind. to respond. We have all heard from con- tronic mail over such facilities, and for Mr. President, I have long been con- stituents who are simply fed up with other purposes; to the Committee on cerned about excessive—indeed any— these practices, and this bill will em- Commerce, Science, and Transpor- Government regulation of the Internet. power our constituents to do some- tation. Many of the best qualities of American thing about it. THE ELECTRONIC MAILBOX PROTECTION ACT OF life are represented and enhanced by Third, my bill will prohibit the use of 1997 the Internet—the world’s most demo- procedures designed to defeat or cir- Mr. TORRICELLI. Mr. President, I cratic medium—and I do not wish to cumvent mail filtering tools. Con- rise today to introduce the Electronic stifle speech or inhibit the freedom of sumers and service providers are get- Mailbox Protection Act of 1997, in the commerce or expression. However, the ting better at using mail filters to hopes of addressing an increasingly se- problem of unaccountable junk e-mail- block out unwanted mail. But these fil- rious threat to online commerce and ers will not go away, and if we do not tering programs, still in relative in- personal privacy rights—the distribu- address this problem with legislation fancy, are no match for cyber-pro- tion of unsolicited, bulk e-mail by un- we risk the destruction of all legiti- moters with sophisticated techniques identifiable senders. mate expression and commerce on the and all the time in the world to work It is an unfortunate side effect of the information superhighway. on skirting the filters and making it burgeoning and exciting world of on- After a long back and forth process into your mailbox. line communication and commerce with a wide variety of interests, I be- Next, my bill will prohibit anyone that more and more individuals are lieve we are all finally in agreement from using a computer program to har- finding their electronic mailboxes that the bill I introduce today rep- vest, or gather, a large number of e- filled to the cyber-brim with unsolic- resents the strongest and most bal- mail addresses for the purpose of send- ited messages. And many Internet serv- anced approach to this growing prob- ing unsolicited e-mail to those address- ice providers are facing slowdowns or lem. Specifically, my bill includes the es or selling the list to other senders of even breakdowns of their systems due following key provisions. unsolicited e-mail—if such activity to uncontrollable and unaccountable First, and most simply, my bill will would be against the policy of the com- senders of unidentifiable and unsolic- prohibit anyone from sending e-mail to puter service from which the addresses ited bulk e-mail. a person who has asked not to receive are collected. In other words, if Amer- Mr. President, some have suggested such mail—either prior to receiving the ica Online or AT&T or Panix or Erols that we simply ban all unsolicited e- first message or in response to an unso- have policies against using a computer mail. But some people do want to re- licited message that made its way into to harvest addresses of their sub- ceive these unsolicited messages, espe- the recipients mailbox. Mr. President, scribers, cyber-promoters would have cially when they are tailored to their this provision requires no more than to comply. personal interests. And legitimate common courtesy and proper business My bill also puts a stop to so-called businesses and organizations are in- sense. But unfortunately, this provi- hit and run spamming, which occurs creasingly using unsolicited e-mail to sion is sorely needed by the thou- when someone gets access to a tem- recruit new customers, new members, sands—even millions—of recipients of porary e-mail account, sends out thou- or even financial assistance. repetitive and unsolicited e-mail. sands of unsolicited messages, and then

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5509 abandons the account and leaves the now presents unprecedented opportunities (1) initiates the transmission of an unsolic- service provider to clean up the mess. for the development and growth of global ited electronic mail message from an unreg- Under my bill, registering an Internet commerce and an integrated worldwide econ- istered or fictitious Internet domain, or an domain or e-mail account for the pur- omy. unregistered or fictitious electronic mail ad- (2) In order for global commerce on the dress, for the purpose of— pose of sending unsolicited e-mail and Internet to reach its full potential, individ- (A) preventing replies to such message avoiding replies would be prohibited. uals and entities using the Internet and through use of a standard reply mechanism Finally, Mr. President, my bill di- other online services should be prevented in the recipient’s electronic mail system; or rects the FTC to pay close attention from engaging in activities that prevent (B) preventing receipt of standard notices over the next 18 months to the affects other users and Internet service providers of non-delivery; that this bill has on the junk e-mail from having a reasonably predictable, effi- (2) uses a computer program or other tech- problem. At the end of that time, the cient, and economical online experience. nical mechanism or procedure to disguise (3) Unsolicited electronic mail can be an FTC will submit a report to Congress the source of unsolicited electronic mail important mechanism through which com- messages for the purpose of preventing re- detailing its findings, and we can deter- mercial vendors, nonprofit organizations, cipients, or recipient interactive computer mine whether or not new action is nec- and other providers of services recruit mem- services, from implementing a mail filtering essary. bers, advertise, and attract customers in the tool to block the messages from reaching the And what will happen to those who online environment. intended recipients; break the rules we intend to set down (4) The receipt of unsolicited electronic (3) initiates the transmission of an unsolic- in law? Well, there are two possibili- mail may result in undue monetary costs to ited electronic mail message and fails to recipients who cannot refuse to accept such comply with the request of the recipient of ties. First, there is a $5,000 civil pen- mail and who incur costs for the storage of alty for each violation, to be imposed the message, made to the sender or the such mail, or for the time spent accessing, listserver as appropriate, to cease sending by the U.S. Government. reviewing, and discarding such mail, or for electronic messages to the recipient in the But more importantly, this bill em- both. future; powers the individual recipient or serv- (5) Unsolicited electronic mail sent in bulk (4) distributes a collection or list of elec- ice provider suffering the effects of a may impose significant monetary costs on tronic mail addresses, having been given violation of this bill to sue for dam- the Internet service providers, businesses, prior notice that one or more of the recipi- and educational and non-profit institutions ages. These damages range from $500 ents identified by such addresses does not that carry and receive such mail, as there is wish to receive unsolicited electronic mail for simple violations all the way up to a finite volume of mail that such providers, $5,000 for particularly egregious or will- and knowing that the recipient of such ad- businesses, and institutions can handle at dresses intends to use such addresses for the ful abuses. And if we think about the any one point in time. The sending of such purpose of sending unsolicited electronic possibilities for class action suits, we mail is increasingly and negatively affecting mail; can quickly see the deterrent effect of the quality of service provided to customers (5) initiates the transmission of an unsolic- these provisions. of Internet service providers. ited electronic mail message to a recipient Mr. President, this bill will not pre- (6) While many senders of bulk unsolicited despite having been given prior notice (ei- electronic mail provide simple and reliable vent all unsolicited e-mail. Legitimate ther directly or through a standard method ways for recipients to reject (or ‘‘opt-out’’ developed, adopted, or modified by an Inter- marketers, nonprofit organizations and of) receipt of unsolicited electronic mail others will still be able to send unsolic- net standard setting organization (such as from such senders in the future, other send- the Internet Engineering Task Force or the ited e-mail, even in bulk. However, this ers provide no such ‘‘opt-out’’ mechanism, or World Wide Web Consortium) to better facili- legislation will make the senders of the refuse to honor the requests of recipients not tate pre-emptive consumer control over bulk e-mail accountable to the service pro- to receive electronic mail from such senders unsolicited electronic mail) that the recipi- viders and to the e-mail recipients. No in the future, or both. ent does not wish to receive such messages; longer will brazen promoters be able to (7) An increasing number of senders of bulk (6) registers, creates, or causes to be cre- unsolicited electronic mail purposefully dis- disguise their identity and hide behind ated an Internet domain or applies for, reg- guise the source of such mail so as to pre- isters, or otherwise obtains the use of an technology—from now on, they will be vent recipients from responding to such mail accountable for what they send and Internet electronic mail account for the sole quickly and easily. or primary purpose of initiating the trans- punished if their tactics are of the kind (8) Many senders of unsolicited electronic mission of an unsolicited electronic mail that merit such action. mail collect (or ‘‘harvest’’) electronic mail message in contravention of paragraph (1) or Put simply, Mr. President, my bill addresses of potential recipients without the (2); will empower consumers and Internet knowledge of their intended recipients and (7) directs an unsolicited electronic mail service providers alike to block, filter, in violation of the rules or terms of service message through the server of an interactive of the fora from which such addresses are reply to, or prevent unwanted and un- computer service to one or more subscribers collected. of the interactive computer service, knowing solicited electronic mail. (9) Because recipients of unsolicited elec- We all recognize that we should not that such action is in contravention of the tronic mail are unable to avoid the receipt of rules of the interactive computer service lightly enter into Internet regulation. such mail through reasonable means, such with respect to bulk unsolicited electronic But some practices are simply too de- mail may threaten the privacy of recipients. mail messages; structive to ignore, and certain types This privacy threat is enhanced for recipi- (8) knowing that such action is in con- of unsolicited e-mail must be stopped. ents whose electronic mail software or server travention of the rules of the interactive I hope you will join me in working to alerts them to new mail as it arrives, as un- computer service concerned, accesses the solicited electronic mail thereby disrupts server of the interactive computer service pass this fair but strong bill to protect the normal operation of the recipient’s com- individual privacy, preserve freedom of and uses a computer program to collect elec- puter. tronic mail addresses of subscribers of the expression, and allow legitimate com- (10) In legislating against certain abuses on merce on the Internet to flourish. I ask interactive computer service for the purpose the Internet, Congress and the States should of sending such subscribers unsolicited elec- unanimous consent that the full text of be very careful to avoid infringing in any tronic mail or distributing such addresses the legislation be printed in the way upon constitutionally protected rights, knowing that the recipient of such addresses RECORD. including the rights of assembly, free speech, intends to use such addresses for the purpose There being no objection, the bill was and privacy. of sending unsolicited electronic mail; or (11) In order to realize the full potential for (9) initiates the transmission of bulk unso- ordered to be printed in the RECORD, as online electronic commerce, senders of bulk follows: licited electronic mail messages and divides unsolicited electronic mail should be re- the mailing of such messages into smaller S. 875 quired to abide by the requests of electronic mailings for the purpose of circumventing Be it enacted by the Senate and House of Rep- mail recipients, Internet service providers, another provision of this Act, businesses, and educational and non-profit resentatives of the United States of America in shall be subject to a civil penalty of not Congress assembled, institutions to cease sending such mail to such recipients, providers, businesses, and more than $5,000 per individual violation. SECTION 1. SHORT TITLE. (b) ENFORCEMENT.—The Federal Trade educational and non-profit institutions. This Act may be cited as the ‘‘Electronic Commission shall have the authority to com- Mailbox Protection Act of 1997’’. SEC. 3. PROHIBITION ON CERTAIN ACTIVITIES mence civil actions under subsection (a). THAT MISAPPROPRIATE THE RE- SEC. 2. FINDINGS. SOURCES OF ONLlNE SERVICE PRO- SEC. 4. RECOVERY OF CIVIL DAMAGES. Congress makes the following findings: VIDERS. (a) IN GENERAL.—Any person whose inter- (1) The Internet has increasingly become a (a) IN GENERAL.—Whoever, in or affecting active computer service or electronic mail- critical mode of global communication and interstate or foreign commerce— box is intentionally misused or infiltrated,

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5510 CONGRESSIONAL RECORD — SENATE June 11, 1997 or whose requests for cessation of electronic electronic mailing list management func- legislation. These goals include: lim- mail messages have been ignored, in viola- tions, including functions that allow individ- iting the influence of money in Federal tion of section 3 may in a civil action re- uals to subscribe and unsubscribe to and elections; increasing voter participa- cover from the person or entity which en- from electronic mailing lists. tion, creating a more equitable elec- gaged in that violation such relief as may be (8) MAIL FILTERING TOOL.—The term ‘‘mail appropriate. filtering tool’’ means any computer program, toral system for both challengers and (b) RELIEF.—In an action under this sec- procedure, or mechanism used by an indi- incumbents; and removing the negative tion, appropriate relief includes— vidual recipient or interactive computer aspects of financing of Federal elec- (1) such preliminary and other equitable or service to block, return, reroute, or other- tions. I believe that these are impor- declaratory relief as may be appropriate; wise screen or sort incoming electronic mail tant goals to consider when Congress (2) actual monetary loss from a violation, messages. moves to make actual changes to our statutory damages of not more than $500 for (9) SERVER.—The term ‘‘server’’ refers to each violation, and, if the court finds that campaign financing laws. any computer that provides support or serv- The Claremont Commission Act spe- the defendant’s actions were particularly ices of any kind, including electronic mail- egregious, willful, or knowing violations of cifically asks the commission to con- boxes, to other computers (commonly re- sider and respond to more than 14 ques- section 3, the court may, in its discretion, ferred to as ‘‘clients’’). increase the amount of an award to an (10) UNSOLICITED ELECTRONIC MAIL MES- tions regarding the most important amount equal to not more than 10 times the SAGE.—The term ‘‘unsolicited electronic issues surrounding the campaign fi- amount available hereunder; and mail message’’ means any electronic mail nance reform debate. I am especially (3) a reasonable attorney’s fee and other other than electronic mail sent by persons to pleased that the issues of soft money litigation costs reasonably incurred. others with whom they have a prior relation- contributions, independent expendi- SEC. 5. STATE LAW. ship, including a prior business relationship, tures, and the role of unions will be ad- Nothing in this Act shall be construed to or mail sent by a source to recipients where dressed. In particular, the role of prevent any State from enforcing any State such recipients, or someone authorized by law that is consistent with this Act. No unions and their use of mandatory them, have at any time affirmatively re- union dues to make donations to polit- cause of action may be brought and no liabil- quested to receive communications from ity may be imposed under any State or local that source. ical campaigns is of concern to me. The law that is inconsistent with this Act. SEC. 8. EFFECTIVE DATE. commission will address the serious SEC. 6. FEDERAL TRADE COMMISSION STUDY issues surrounding how unions finance INTO EFFECTS OF UNSOLICITED This provisions of this Act shall take effect ELECTRONIC MAIL. 45 days after the date of enactment of this their political activities, as well as the Not later than 18 months after the date of Act. considerable influence that these orga- enactment of this Act, the Federal Trade nizations wield over the outcome of Commission shall submit to Congress a re- By Mr. GREGG (for himself, Mr. elections. I am pleased that the cre- port detailing the effectiveness of, enforce- TORRICELLI, Mr. SMITH of New ation of this commission can begin to ment of, and the need, if any, for Congress to Hampshire, and Mr. JOHNSON): address concerns, as well as other modify the provisions of this Act. S. 876. A bill to establish a non- Members of Congress’ questions regard- SEC. 7. DEFINITIONS. partisan commission on Federal elec- ing soft money contributions and inde- In this Act: tion campaign practices and provide (1) BULK UNSOLICITED ELECTRONIC MAIL MES- pendent expenditures. SAGE.—The term ‘‘bulk unsolicited elec- that the recommendations of the com- The political infighting that has oc- tronic mail message’’ means any substan- mission be given expedited consider- curred over the years regarding the fi- tially identical unsolicited electronic mail ation by Congress; to the Committee nancing of our Federal elections will message with 25 or more intended recipients. on Rules and Administration. not cease unless a middle ground can (2) ELECTRONIC MAIL ADDRESS.— THE CLAREMONT COMMISSION ACT be established. I believe that the Clare- (A) IN GENERAL.—The term ‘‘electronic Mr. GREGG. Mr. President, I rise mont Commission Act, by establishing mail address’’ means a destination (com- a mechanism for a dispassionate anal- monly expressed as a string of characters) to today to announce the introduction of the Claremont Commission Act, which ysis by a group of experts, can provide which electronic mail can be sent or deliv- that middle ground. Hopefully, this bill ered. I am introducing, along with Senators (B) INCLUSION.—In the case of the Internet, BOB SMITH, TORRICELLI, and JOHNSON. will allow us to address the concerns of the term ‘‘electronic mail address’’ may in- We chose this day because it is the all Americans who have a growing clude an electronic mail address consisting anniversary of the historic event that sense of cynicism over our ability to of a user name or mailbox (commonly re- prompted the introduction of this leg- resolve important campaign financing ferred to as the ‘‘local part’’) and a reference islation. Two years ago on this very problems. to an Internet domain (commonly referred to day, a concerned citizen from Newport, In closing, I urge my colleagues to as the ‘‘domain part’’). take a serious look at this legislation (3) INITIATES THE TRANSMISSION.—The term NH, Mr. Frank McConnell, stood up at a town meeting in Claremont, NH, and and consider the merits of commis- ‘‘initiates the transmission’’, in the case an sioning a bipartisan recommendation electronic mail message, refers to the action asked an insightful and thought-pro- regarding campaign finance reform. of the original sender of the message and not voking question of Speaker GINGRICH to any intervening computer service that and President Clinton: What are they By Mr. MCCAIN (by request): may handle or retransmit the message, un- going to do about reforming our cam- less the intervening computer service re- S. 877. A bill to disestablish the Na- paign financing system? The two lead- tional Oceanic and Atmospheric Ad- transmits the message with an intent to en- ers, who were attending the meeting, gage in activities prohibited by this Act. ministration Corps of Commissioned (4) INTERACTIVE COMPUTER SERVICE.—The promised to create a bipartisan com- Officers; to the Committee on Com- term ‘‘interactive computer service’’ has the mission to study campaign finance re- merce, Science, and Transportation. meaning given that term in section 230(e)(2) form and then shook hands on the NATIONAL OCEANIC AND ATMOSPHERIC of the Communications Act of 1934 (47 U.S.C. agreement. That handshake was a fa- ADMINISTRATION CORPS LEGISLATION 230(e)(2)). mous and short-lived moment of soli- Mr. MCCAIN. Mr. President, on be- (5) INTERNET.—The term ‘‘Internet’’ has darity and bipartisanship. At this time, half of the administration, today I am the meaning given that term in section sadly, no such commission has been introducing legislation to disestablish 230(e)(1) of the Communications Act of 1934 created. (47 U.S.C. 230(e)(1)). the National Oceanic and Atmospheric (6) INTERNET DOMAIN.—The term ‘‘Internet The bill that I introduce today is a Administration Corps. This legislation domain’’ refers to a specific computer sys- renewed effort to keep the promise is long overdue on the part of the ad- tem (commonly referred to as a ‘‘host’’) or made on that famous day 2 years ago. ministration, and I am pleased to be collection of computer systems attached to The Claremont Commission Act was in- able to initiate a possible resolution on or able to be referenced from the Internet troduced in a bipartisan manner to cre- this issue. which are assigned a specific reference point ate an objective commission to look at In 1807, an organization known as the on the Internet (commonly referred to as the the issues surrounding the reform of Coast Survey was established; this or- ‘‘Internet domain name’’) and registered our Nation’s campaign finance system. ganization would later become NOAA. with an organization recognized by the com- puter industry as a registrant of Internet do- This legislation directs the commission The Survey was responsible for chart- mains. to take important goals into consider- ing the U.S. coastline, and its civilian (7) LISTSERVER.—The term ‘‘listserver’’ re- ation when making recommendations employees were often augmented with fers to a computer program that provides to the Congress with regard to reform military personnel. This interaction

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5511 between the Survey and the military that have saved Wisconsin taxpayers receive needed services where they pre- continued, and, during World Wars I hundreds of millions of dollars. fer them—in their own homes. and II, members of the Survey served The legislation is also similar, in Mr. President, though I am convinced to defend our Nation. At the end of large part, to the excellent bipartisan that long-term care reform can result World War II, these members retained long-term care proposals developed by in substantial savings to taxpayers— their military rank and compensation the Senate Committee on Labor and and this has been our experience in but returned to civilian duties as the Human Resources as well as the Senate Wisconsin—this measure does not de- NOAA Corps. Today, the corps numbers Committee on Finance during the 103d pend on hypothetical savings for fund- approximately 300 officers. Congress, which in turn stemmed from ing. This measure includes funding pro- The corps operates the NOAA Fleet, the long-term care reforms included in visions consisting of specific savings flies the agency’s hurricane research President Clinton’s health care reform within the health care system. Those planes, and conducts a variety of ac- proposal. Unlike so many other aspects savings include extending and making tivities essential for managing the Na- of health care reform, the long-term permanent the Medicare secondary tion’s natural resources. This bill seeks care provisions that came out of the payer provisions; establishing a pro- to maintain these services while im- two Senate committees, that were in- spective payment system under Medi- proving the cost-effectiveness of the cluded in the Mitchell compromise care for nursing homes; eliminating program. Under this legislation, civil- measure, and that were part of the pro- the technical errors in the reimburse- ian service positions would be created posals produced by the standing com- ment of certain outpatient hospital equivalent to existing NOAA Corps po- mittees in the other body, received bi- services, known as the formula-driven sitions. Those officers with less than 15 partisan support. It is somewhat re- overpayments; and, reforming the way years service would be eligible for markable that when there was so much Medicare risk contractors are reim- these new civilian positions, while controversy over so many issues relat- bursed. those with more than 15 years of serv- ing to health care reform that there Mr. President, this last provision, ice would be retired. Retired officers was so much agreement over the need fixing the payment system for Medi- would still have an opportunity to to include long-term care reform. care HMO’s, deserves special notice. compete for additional NOAA posi- Mr. President, the success of the Wis- The current system of reimbursement tions, as determined by the Under Sec- consin program upon which this meas- is flawed, and results in grossly inequi- retary. The entire corps retirement ure is based stems in large part from table distribution of costs and benefits program would be transferred to the its flexibility, a flexibility that bene- within Medicare. Because the risk con- Department of the Navy under this fits both individual consumers of long- tract reimbursement formula is driven proposal. term care as well as local administra- by the average fee-for-service costs in Disestablishment of the corps has tors. an area, Medicare beneficiaries in been recommended by the Vice Presi- This legislation reflects that same States like Wisconsin, where Medi- dent’s National Performance Review, kind of flexibility. First and foremost, care’s standard fee-for-service costs are the Government Accounting Office, and it does so by not creating a new, un- kept low, are punished. By contrast, the inspector general of the Depart- funded mandate. This program is en- areas with higher costs, including costs ment of Commerce. The GAO estimates tirely optional for States, and beyond driven by unnecessary utilization and that this bill would save $5 million four core services—assessment, care even waste, fraud, and abuse, are re- over a 10-year period. planning, personal assistance, and case warded with generous benefit packages I am concerned that the NOAA Corps management—those States choosing to and little or no copayments. officers be treated fairly, and I under- participate will be free to decide what This system of incentives is back- stand that several of my colleagues additional services, if any, they want ward, and I am pleased to include a have additional concerns about the im- to offer. States would be able but not proposal to bring some sense and eq- pacts of this legislation. I look forward required to offer such things as home- uity to Medicare’s reimbursement of to addressing these issues through the maker services, home modifications, risk contracts as part of this measure. committee process. respite, assistive devices, adult day Mr. President, the offsetting reduc- care, supported employment, home tions in this measure produce savings By Mr. FEINGOLD: health care, or any other service that of $34.1 billion over 5 years, and $166.2 S. 879. A bill to provide for home and would help keep a disabled individual billion over 10 years. Altogether, in- community-based services for individ- at home or in the community. cluding the long-term care reforms and uals with disabilities, and for other Equally important, the measure pro- grants to States, the bill produces net purposes; to the Committee on Fi- vides both some initial funding, and deficit reduction of $30.4 billion over 5 nance. the ability of States to recapture the years, and $145.7 billion over 10 years. LONG-TERM CARE REFORM AND DEFICIT bulk of the savings they can generate This must be the approach we adopt, REDUCTION ACT OF 1997 within the current long-term care sys- even for those proposals which experi- Mr. FEINGOLD. Mr. President, I am tem. The bill directs the Secretary of ence shows will result in savings. By pleased to introduce S. 879, the Long- Health and Human Services to submit including funding provisions in this Term Care Reform and Deficit Reduc- to Congress a proposal by which States long-term care reform measure, we en- tion Act of 1997, legislation to reform could retain, in this new more flexible sure that any additional savings pro- fundamentally the way we provide program, 75 percent of the Federal duced by these reforms will only fur- long-term care in this country. Medicaid long-term care savings they ther reduce the budget deficit. This legislation gives States the are able to generate. This not only pro- And there is strong evidence that flexibility to establish a system of con- vides a direct incentive for States to there will be additional savings, as we sumer-oriented, consumer-directed produce Medicaid savings, it also di- have seen in Wisconsin. Between 1980 home and community-based long-term rectly links the future of this reform to and 1993, while the rest of the country care services for individuals with dis- its ability to deliver results. experienced increased Medicaid nursing abilities of any age. It does so while re- The legislation also creates a small home use of 35 percent, thanks to Wis- ducing the deficit by $30.4 billion over hospital link pilot program based on consin’s long-term care reforms, Med- the next 5 years, and $145.7 billion over our experiences in Wisconsin where icaid nursing home bed use actually the next 10 years with the potential for such an initiative has helped direct in- dropped 16 percent in the State, saving even greater savings. dividuals needing long-term care serv- Wisconsin taxpayers hundreds of mil- Mr. President, the bill is based on ices out of hospitals, and back to their lions of dollars. Wisconsin’s home and community- own homes and communities. The hos- Mr. President, aside from the imme- based long-term care program, the pital discharge is a critical point of diate benefits of reducing the budget Community Options Program, called embarkation into the long-term care deficit, we need long-term care reform COP, which has been a national model system for many, and this program in its own right. of reform. COP was the keystone of helps ensure that those who leave a While the population of those need- Wisconsin’s long-term care reforms hospital in need of long-term care can ing long-term care is growing much

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5512 CONGRESSIONAL RECORD — SENATE June 11, 1997 faster than those providing indirect far less informal support for those who reforming our long-term care system, support as taxpayers, informal care, do continue to provide care to family it is vital that we build on top of the which is largely provided by families, members in need of long-term care existing informal care that is being has been stretched to the limit by the services. provided, not try to substitute for that economics of health care and the in- Mr. President, while some elderly are care by imposing a new system. The creasing age of the caregivers them- relatively well off, thanks in part to goal of long-term care reform is first to selves. programs like Social Security and enable family caregivers to continue to The default system of formal long- Medicare that have kept many out of provide the care they currently give term care, currently funded through poverty, it is also true that too many and that their family members prefer. the Medicaid Program, requires that seniors still find themselves living near Mr. President, another weakness of individuals impoverish themselves be- or below the poverty line. This is espe- the current long-term care system is fore they can receive needed care, and cially true for those needing long-term the lack of a home and community it largely limits care to expensive in- care, who, on average, are poorer than service capacity. This is due in part to stitutional settings. those who do not need long-term care. the inadequacies of the Medicaid Pro- Failure to reform long-term care will In 1990, about 27 percent of people need- gram. Enacted in 1965, Medicaid was inevitably lead to increased use of the ing help with some activity of daily primarily a response to the acute care Medicaid system—the most expensive living survived on incomes below the needs of the poor. Though Congress did long-term care alternative for tax- poverty level, compared with 17 per- not envision Medicaid as a long-term payers, and the least desirable for con- cent of all older people. About half of care program, it quickly became the sumers. impaired elderly have income under 150 primary source of Government funds for long-term care services. Mr. President, there are few statis- percent of poverty, compared with 35 tical forecasts as accurate as those For many years, those long-term percent of all elderly, and, according to services provided under Medicaid were dealing with our population, and esti- Families USA, while 20 percent of the almost exclusively institutionally mates show that the population need- population as a whole had annual fam- based. Not until institutional services, ing long-term care will explode during ily income under $15,685 in 1992, nearly such as nursing homes, had become the next few decades. The elderly are half of the disabled population had in- well established were community- and the fastest growing segment of our pop- come under that level. home-based services funded. ulation, with those over age 85—indi- Further aggravating the problem is The result of the head start given in- viduals most in need of long-term that informal family member care- stitutional long-term care services has care—the fastest growing segment of givers are getting older. These care- been a continuing bias toward institu- the elderly. The over-85 population will givers are already an average of 57, tions in our long-term care programs. triple in size between 1980 and 2030, and with 36 percent of caregivers 65 or The rate of nursing home use by the el- will be nearly seven times larger in older. As the population ages, so will derly since the advent of Medicare and 2050 than in 1980. the average age of caregivers, and as Medicaid has doubled, while the com- The growth in the population of el- the population of caregivers increases, munity and home-based alternatives to derly needing some assistance is ex- their ability to provide adequate infor- institutional care are considered excep- pected to be equally dramatic. Activi- mal care diminishes. tions to institutional care. A State ties of daily living, or ADL’s, are a Mr. President, all in all our country must get a waiver from the Federal common measure of need for long-term faces a rapidly growing population Government in order to qualify for care services. These activities include needing long-term care services, a pop- community and home-based nonmed- eating, transferring in and out of bed, ulation which is disproportionately ical service alternatives under Med- toileting, dressing, and bathing. In poor. At the same time, the group of icaid and, in many cases, an individual 1988, approximately 6.9 million elderly family caregivers, that has kept most must otherwise be headed to an insti- could not perform all of these activi- of the population needing long-term tution in order to qualify for those ties. By 2000, this population is ex- care out of Government programs like Medicaid funded community and home- pected to increase to 9 million, and by Medicaid, is shrinking relative to those based alternative programs. 2040 to 18 million. in need of services, and is becoming More significantly, there remains an Mr. President, that we have been able progressively older. absolute entitlement to institutional to stave off a long-term care crisis to The inescapable result of these care that does not exist for the home date is due in large part to the direct trends is substantial pressure on Gov- and community-based waiver alter- caregiving provided by millions of fam- ernment provided long-term care serv- natives. ilies for their elderly and disabled fam- ices—services that are inadequate in Mr. President, many families have ily members. But here also we see that several fundamental ways. been able to provide long-term care the demographic changes of the next First, with some exceptions, the cur- services themselves to their elderly several decades will result in increased rent system fails to build effectively on and disabled family members, but the strain on the current system. the informal care provided by families. lack of even partial support services While the number of people in need of Mr. President, most people with dis- makes it increasingly difficult for fam- care is increasing rapidly, the popu- abilities, even with severe disabilities, ilies to choose to keep their family lation supporting those individuals, ei- rely on care in their home from family members at home. ther through direct caregiving, or indi- and friends. The Alzheimer’s Associa- According to a 1991 Alzheimer’s Asso- rectly through their taxes, is growing tion estimates that families provide ciation study, the family caregiving al- much more slowly, and thus is shrink- between 80 and 90 percent of all care at ternative to Government funded long- ing in comparison. home, willingly and without pay. The term care is likely to disappear not be- In 1900, there were about 7 elderly in- association estimates that this infor- cause of the increasing impairment of dividuals for every 100 people of work- mal off-budget care would cost $54 bil- the long-term care consumer, but be- ing age. As of 1990, the ratio was about lion to replace. cause of the physical, emotional, or fi- 20 elderly for every 100, by 2020 the This last figure can be only an esti- nancial exhaustion of the caregiver: ratio will be 29 per 100, and after that mate, not because it doesn’t fairly rep- Family caregivers suffer more stress-re- it will rise to 38 per 100 by 2030. resent the services currently being pro- lated illness, resulting from exhaustion, low- These population differences will be vided by family members, but because ered immune functions, and injuries, than further aggravated by the changing na- comparable services are largely un- the general population . . . Depression among caregivers of the frail elderly is as ture of the family and the work force. available from the long-term care sys- high as 43 to 46 percent, nearly three times As the Alzheimer’s Association has tem. The variety of home- and commu- the norm. . . . The likelihood of health prob- noted, smaller families, delayed child- nity-based services provided by family lems is heightened by the relatively high age bearing, more women in the work members simply do not exist in many of caregivers: the average is 57. Thirty-six force, higher divorce rates, and in- areas. percent of caregivers are 65 or older. creased mobility all mean there will be Mr. President, the prevalence of fam- Mr. President, the impact on the fewer primary caregivers available, and ily-provided caregiving affirms that, in economy of the family caregiver is also

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5513 significant. Beyond the obvious strain This was seen, for example, when the the most meaningful for those actually on the personal economy of those fami- Federal Government changed several needing long-term care is the ability to lies with members needing long-term aspects of Medicare reimbursements. make their own choice about what care services, there is also a significant Patients were discharged from hos- kinds of services they will receive. In effect on employers. pitals quicker and sicker than they had particular, this will mean the chance One-quarter of American workers been before with a resulting increase in to remain as independent as possible, over the age of 30 care for an elderly utilization in other areas, including living at home or in the community or, parent, and this percentage is expected long-term care services such as skilled if they choose, in an institution. to increase with 40 percent of workers nursing facilities. Survey after survey reveal the over- expecting to be caring for aging par- This example is particularly appro- whelming preference for home-based ents in the next 5 years. priate. As efforts are made to limit care, and these findings are consistent These are impressive statistics when costs in the acute care system, it is with the anecdotal evidence available one considers that caregivers report precisely this kind of shifting, from the from just about every family facing missing a week and a half of work each acute care side to the long-term care some kind of long-term care need. year in order to provide care, and near- side, that will occur unless long-term Ann Hauser, a 74-year-old woman ly one-third of working caregivers have care reforms are pursued. who retired after 30 years as a ward either quit their job or reduced their A grandmother who is discharged clerk in a Milwaukee hospital, offered work hours because of their caregiving from a hospital by an HMO seeking to testimony at a May 9, 1994, field hear- responsibilities. lower its costs, may have little alter- ing of the Senate Special Committee For those working 20 hours or fewer a native but to enter a nursing home. on Aging that is typical of what many week, over half have reduced their Long-term care reform could provide have said over the years. work hours because of caregiving re- her family with sufficient additional Now living at home with help from sponsibilities. supports to be able to care for that Wisconsin’s home and community- Mr. President, long-term care is very grandmother in her own home, and at based long-term care program, the much a woman’s issue. Women live significantly lower cost to the family Community Options Program [COP], longer than men, and make up a great- and the system as a whole. Ms. Hauser related a number of prob- er portion of the population needing But, Mr. President, as important as lems she had experienced while in dif- care. And women are much more likely it is to gain control of our health care ferent nursing homes. to be the family member that is pro- costs, long-term care reform is needed While at this nursing home and the others, viding care to a loved one who needs first and foremost as a matter of hu- I was to continue on IV antibiotics and need- long-term care. One in five women manity. ed some, but not total assistance for chair have a parent living in their home, and In my own State of Wisconsin, long- transfers. Before much time had passed, I nearly half of adult daughters who are term care has been the focus of signifi- was assisted in moving around so seldom that I lost muscle tone. Within 5 months, I caregivers are unemployed. Over a cant reforms since the early 1980’s. One long-term care administrator, became bedridden. The Heuer lift became a quarter of these women said they ei- cop-out, and I learned that I was better to ther quit their jobs or retired early Chuck McLaughlin of Black River refuse it so that I would keep the use of some just to provide care for an older person. Falls, WI, testified before a field hear- of my muscles. The less active I became, the In addition to the impact on care- ing of the Senate Aging Committee in more depressed I became. I was going down- givers as employees, workers, and fam- the 103d Congress that prior to those hill fast. ily breadwinners, there is also a meas- reforms, he saw an almost complete ab- How could I be happy in places that al- urable impact on their personal health. sence of community or home-based lowed the aides to switch the TV station on long-term care services for people in my television to their favorite soap operas As the Alzheimer’s Association study (when I don’t even like shows like that)? noted, caregivers are more likely to be need of support. This was especially visible for older Furthermore, when I would remind them in poor health than the general popu- that I was at their mercy to finish my bed lation, and are three times more likely disabled individuals. Except for those bath as they stopped to watch just one more to suffer from depression, a condition seniors with sufficient resources to cre- minute, they would take away my remote that raises the risk of other ailments ate their own system of in-home sup- control while I shivered and waited. such as exhaustion, lowered immune ports, he saw many forced to enter The particulars of Ms. Hauser’s expe- function, stress-related illness, and in- nursing homes who would have liked to rience are less important than the jury related to their caregiving respon- have remained in their own home or overall loss of control and independ- sibilities. community. ence that she experienced, something Compounding both the work-related McLaughlin noted that though some that is common for many in nursing and health-related problems, the bur- eventually adjusted to leaving their homes. As Ms. Hauser noted: den of this kind of caregiving can in- home and entering the nursing home, How could I thrive in an environment that crease over time. The Alzheimer’s As- others never did. counted on my remaining inactive when I sociation study noted that unlike car- I saw people who simply willed their own had been so active until now? ing for a child, which diminishes over death because they saw no reason to con- Dorothy Freund also gave testimony tinue living. These were people who were lit- time as the child matures and becomes erally torn from familiar places and familiar at the May 9 field hearing. At the time, more independent, caregiving respon- people. People who had lost the continuity of she was a nursing home resident. Ms. sibilities for an aging parent often in- their lives and the history that so richly Freund, who received her B.A. from crease as they become more dependent made them into who they were now. People Ohio State University, majored in and require more care. who had nurtured and sustained their com- English, and later received an addi- Mr. President, failure to reform long- munities which in turn provided them with tional degree from Maclean College of term care will also lead to cost shifting positive status in that community. These Drama, Speech, and Voice in Chicago. and will undermine our efforts both to people were truly uprooted and adrift in an After a brief stay in a hospital for contain acute care costs and further re- alien environment lacking familiar sights, treatment to her ankle, she came to a sounds, and smells. Many of them simply duce the deficit. chose not to live any longer. While the med- nursing home for further treatment. Thanks in large part to the lack of ical care they received was excellent, they She gave up her apartment, because it universal coverage and the attendant were more than just their physical bodies. was not designed for maneuvering in a shared responsibility, the health care Modern medicine has no treatment for a bro- wheelchair, and she has been on the system has become expert at shifting ken spirit. COP waiting list for a year and a half. costs. Federal and State policymakers, Mr. President, for many, the current Ms. Freund testified that she enjoys in attempting to control costs, have long-term care system continues to be helping people, and this was obvious to often only created bigger incentives to so inflexible as to be inhumane. those at the hearing as she related her shift costs as they try to clamp down Mr. President, there are many rea- efforts to tutor a nursing assistant who in one area only to see utilization jump sons for pursuing long-term care re- had worked at the nursing home. The in another. All too often, no real sav- form—certainly more than are ad- aide decided that she would like to be- ings are achieved in the end. dressed here. But the one which may be come a nurse, to get her LPN, but

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5514 CONGRESSIONAL RECORD — SENATE June 11, 1997 needed to get her high school diploma. lenge of long-term care, by imposing a In home and community-based long- Ms. Freund helped her with English, superior vision from above. This ap- term care reform, we can achieve both. geometry, government, and geography, proach has led to inflexible systems For taxpayers in Wisconsin, COP has and, thanks in large part to Ms. that cannot react to individual needs, saved hundreds of millions of dollars Freund’s efforts, the nursing assistant but rather end up trying to fit the that would otherwise have been spent did receive her high school diploma. problem to their own structure. on more expensive institutional care. Ms. Freund spoke about her experi- This fundamental weakness is often At the same time, COP has provided ence and her thoughts on living in a enough to undermine even the some- an alternative that allows the con- nursing home: times huge amounts of money that we sumer to participate in determining Then why not stay at the nursing home send along to implement the problem the plan of care and in the execution of and help others in the same way? It is not an solving. It also limits the kinds of cre- that plan. atmosphere of peace and quiet for any length ative approaches those who are ‘‘on the But, Mr. President, at the Federal of time. I’m not deprecating the nursing home and its quality of care. They are al- ground’’ may see as useful and nec- level we are behind Wisconsin and ways looking for ways to improve situations essary. other States in reforming long-term and to solve problems that arise. Nor am I Mr. President, just as we have a need care. Despite the creation of commu- downgrading those who are trying their best to reinvent government to respond nity-based Medicaid waiver programs, to give that care. But when the shouting, more efficiently to our country’s needs consumers are, for the most part, faced moaning, screaming, and babbling all go on and our national deficit, we need also with few alternatives. This proposal at the same time it can be bedlam. It may erupt at any moment. . . . The frustrations to reinvent community to allow flexi- will begin to provide the flexibility of being stuffed in a nursing home, the strug- ble approaches to problems, and to State government needs to provide gle to ride out the storms, and keep one’s allow those in the community to exer- consumer-oriented and consumer-di- head above the turbulent waters, can seem cise their judgment as to how best to rected services. overwhelming when there’s not even a gleam solve problems. Mr. President, I ask unanimous con- at the end of the tunnel. But I just can’t re- A great strength of the Wisconsin sent that a summary of the measure, sign myself to a life of Bingo and Roll-a-ball. long-term care reforms, and especially followed by the complete text of the ‘‘Don’t give up; there must be a way,’’ I keep the home and community-based benefit telling myself. legislation, be printed in the RECORD. on which this legislation is based, is There being no objection, the mate- Ms. Freund’s testimony, again, is that it is focused on the needs of the rial was ordered to be printed in the typical of the experiences of many individual. Eligibility is based on dis- RECORD, as follows: needing long-term care. And it bears ability, not age, and services are cen- S. 879 emphasizing that the desire to live in tered around the particular needs of an one’s own home, and to be able to func- Be it enacted by the Senate and House of Rep- individual rather than the perceived tion as independently as possible, ex- resentatives of the United States of America in needs of a group. ists despite the high quality of care Congress assembled, The approach this legislation takes is SECTION 1. SHORT TITLE; TABLE OF CONTENTS. that is provided in most nursing not only appropriate, but integral to homes. (a) SHORT TITLE.—This Act may be cited as the nature of long-term care. the ‘‘Long-Term Care Reform and Deficit Re- Mr. President, this should come as no Mr. President, the population need- duction Act of 1997’’. surprise in a society that values inde- ing long-term care services is a diverse (b) TABLE OF CONTENTS.—The table of con- pendence so highly. We cannot expect group with widely differing needs. tents of this Act is as follows: an individual’s value system to change Of the many misconceptions about Sec. 1. Short title; table of contents. the instant they require some long- long-term care, and about programs TITLE I—HOME AND COMMUNITY-BASED term care, though this is precisely how providing long-term care services, the SERVICES FOR INDIVIDUALS WITH DIS- our current long-term care system is most common may be that long-term ABILITIES structured. care is purely an elderly issue. Though Sec. 101. State programs for home and com- If for no other reason, we need to re- munity-based services for indi- form our long-term care system to re- it is true that the elderly make up the largest part of the population needing viduals with disabilities. flect the values we cherish as a nation, Sec. 102. State plans. to live, as we wish, independently, in long-term care services, long-term care Sec. 103. Individuals with disabilities de- our own homes and communities. is an issue facing millions of younger fined. Mr. President, during the debate over Americans. Approximately 1 million Sec. 104. Home and community-based serv- comprehensive health care reform in children have severe disabilities that ices covered under State plan. the 103d Congress, I issued a report re- require long-term care services. Sec. 105. Cost sharing. Beyond the wide difference in the Sec. 106. Quality assurance and safeguards. viewing the long-term care provisions Sec. 107. Advisory groups. in President Clinton’s health care re- ages of those needing long-term care services, there is a diversity of needs, Sec. 108. Payments to States. form legislation and offering some Sec. 109. Appropriations; allotments to modifications to those provisions based including the needs of the caregiving States. on our experience in Wisconsin. In that family members who may need a vari- Sec. 110. Federal evaluations. report, I noted that Chuck ety of different long-term care serv- Sec. 111. Information and technical assist- McLaughlin’s eloquent comments on ices. ance grants relating to develop- the importance of community were not From individuals with cerebral palsy ment of hospital linkage pro- grams. only relevant, even central, to the dis- to families that have a loved one af- cussion of long-term care, but that flicted with Alzheimer’s disease, how- TITLE II—PROSPECTIVE PAYMENT SYSTEM FOR NURSING FACILITIES community must also be the focus of ever well intentioned, no one set of our efforts in many other areas of our services will address the individual Sec. 201. Definitions. needs of long-term care consumers. Sec. 202. Payment objectives. lives as Americans and citizens of the Sec. 203. Powers and duties of the Secretary. world. Rather than trying to fit all of those needing long-term care services into Sec. 204. Relationship to title XVIII of the More often than not, the critical Social Security Act. problems we face stem from a failure of one set of services, this legislation lets Sec. 205. Establishment of resident classi- community or a lack of adequate com- case managers, working with long-term fication system. munity-based supports—for example care consumers and their families, de- Sec. 206. Cost centers for nursing facility jobs and economic development, hous- termine just what services are needed payment. ing, crime, and education. These and and preferred. Sec. 207. Resident assessment. other important issues are usually con- Mr. President, the failure to enact Sec. 208. The per diem rate for nursing serv- fronted by policymakers at a dis- comprehensive reform will not inter- ice costs. rupt my own efforts to advocate and Sec. 209. The per diem rate for administra- tance—from Washington, DC or from tive and general costs. State capitals—essentially from the push individual reforms that respond Sec. 210. Payment for fee-for-service ancil- top down. to the needs of people and that can lary services. Too often we have tried to solve help save our health care system Sec. 211. Reimbursement of selected ancil- these challenges, including the chal- money. lary services and other costs.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0655 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5515

Sec. 212. Per diem payment for property the State plan under title XIX of the Social (A) NEEDS ASSESSMENT.—Not later than the costs. Security Act (42 U.S.C. 1396 et seq.) during end of the second year of implementation, Sec. 213. Mid-year rate adjustments. fiscal year 1997 with respect to medical as- the plan or its amendments shall include the Sec. 214. Exception to payment methods for sistance consisting of the services described results of a statewide assessment of the new and low volume nursing fa- in subparagraph (C). needs of individuals with disabilities in a for- cilities. (iii) INDEX DESCRIBED.—For purposes of mat required by the Secretary. The needs as- Sec. 215. Appeal procedures. clause (i), the Secretary shall develop an sessment shall include demographic data Sec. 216. Transition period. index that reflects the projected increases in concerning the number of individuals within Sec. 217. Effective date; inconsistent provi- spending for services under subparagraph (C), each category of disability described in this sions. adjusted for differences among the States. title, and the services available to meet the TITLE III—ADDITIONAL MEDICARE (C) MEDICAID SERVICES DESCRIBED.—The needs of such individuals. PROVISIONS services described in this subparagraph are (B) SPECIFICATION.—Consistent with sec- Sec. 301. Elimination of formula-driven the following: tion 104, the plan shall specify— overpayments for certain out- (i) Personal care services (as described in (i) the services made available under the patient hospital services. section 1905(a)(24) of the Social Security Act plan; Sec. 302. Permanent extension of certain (42 U.S.C. 1396d(a)(24))). (ii) the extent and manner in which such secondary payer provisions. (ii) Home or community-based services fur- services are allocated and made available to Sec. 303. Financing and quality moderniza- nished under a waiver granted under sub- individuals with disabilities; and tion and reform. section (c), (d), or (e) of section 1915 of such (iii) the manner in which services under TITLE I—HOME AND COMMUNITY-BASED Act (42 U.S.C. 1396n). the plan are coordinated with each other and SERVICES FOR INDIVIDUALS WITH DIS- (iii) Home and community care furnished with health and long-term care services ABILITIES to functionally disabled elderly individuals available outside the plan for individuals under section 1929 of such Act (42 U.S.C. SEC. 101. STATE PROGRAMS FOR HOME AND with disabilities. COMMUNITY-BASED SERVICES FOR 1396t). (C) TAKING INTO ACCOUNT INFORMAL CARE.— INDIVIDUALS WITH DISABILITIES. (iv) Community supported living arrange- A State plan may take into account, in de- (a) IN GENERAL.—Each State that has a ments services under section 1930 of such Act termining the amount and array of services plan for home and community-based services (42 U.S.C. 1396u). made available to covered individuals with for individuals with disabilities submitted to (v) Services furnished in a hospital, nurs- disabilities, the availability of informal care. and approved by the Secretary under section ing facility, intermediate care facility for Any individual plan of care developed under 102(b) may receive payment in accordance the mentally retarded, or other institutional section 104(b)(1)(B) that includes informal with section 108. setting specified by the Secretary. care shall be required to verify the avail- (b) ENTITLEMENT TO SERVICES.—Nothing in (2) ELIGIBILITY.— ability of such care. this title shall be construed to create a right (A) IN GENERAL.—Within the amounts pro- (D) ALLOCATION.—The State plan— to services for individuals or a requirement vided by the State and under section 108 for (i) shall specify how services under the that a State with an approved plan expend such plan, the plan shall provide that serv- plan will be allocated among covered individ- the entire amount of funds to which it is en- ices under the plan will be available to indi- uals with disabilities; titled under this title. viduals with disabilities (as defined in sec- (ii) shall attempt to meet the needs of indi- (c) DESIGNATION OF AGENCY.—Not later tion 103(a)) in the State. viduals with a variety of disabilities within than 6 months after the date of enactment of (B) INITIAL SCREENING.—The plan shall pro- the limits of available funding; this Act, the Secretary shall designate an vide a process for the initial screening of an (iii) shall include services that assist all agency responsible for program administra- individual who appears to have some reason- categories of individuals with disabilities, tion under this title. able likelihood of being an individual with regardless of their age or the nature of their SEC. 102. STATE PLANS. disabilities. Any such process shall require disabling conditions; (a) PLAN REQUIREMENTS.—In order to be ap- the provision of assistance to individuals (iv) shall demonstrate that services are al- proved under subsection (b), a State plan for who wish to apply but whose disability lim- located equitably, in accordance with the home and community-based services for indi- its their ability to apply. The initial screen- needs assessment required under subpara- viduals with disabilities must meet the fol- ing and the determination of disability (as graph (A); and lowing requirements: defined under section 103(b)(1)) shall be con- (v) shall ensure that— (1) STATE MAINTENANCE OF EFFORT.— ducted by a public agency. (I) the proportion of the population of low- (A) IN GENERAL.—A State plan under this (C) RESTRICTIONS.— income individuals with disabilities in the title shall provide that the State will, during (i) IN GENERAL.—The plan may not limit State that represents individuals with dis- any fiscal year that the State is furnishing the eligibility of individuals with disabilities abilities who are provided home and commu- services under this title, make expenditures based on— nity-based services either under the plan, of State funds in an amount equal to the (I) income; under the State medicaid plan, or under State maintenance of effort amount for the (II) age; both, is not less than year determined under subparagraph (B) for (III) residential setting (other than with (II) the proportion of the population of the furnishing the services described in subpara- respect to an institutional setting, in accord- State that represents individuals who are graph (C) under the State plan under this ance with clause (ii)); or low-income individuals. title or under the State plan under title XIX (IV) other grounds specified by the Sec- (E) LIMITATION ON LICENSURE OR CERTIFI- of the Social Security Act (42 U.S.C. 1396 et retary; CATION.—The State may not subject con- seq.). except that through fiscal year 2007, the Sec- sumer-directed providers of personal assist- (B) STATE MAINTENANCE OF EFFORT retary may permit a State to limit eligi- ance services to licensure, certification, or AMOUNT.— bility based on level of disability or geog- other requirements that the Secretary finds (i) IN GENERAL.—The maintenance of effort raphy (if the State ensures a balance be- not to be necessary for the health and safety amount for a State for a fiscal year is an tween urban and rural areas). of individuals with disabilities. amount equal to— (ii) INSTITUTIONAL SETTING.—The plan may (F) CONSUMER CHOICE.—To the extent fea- (I) for fiscal year 1999, the base amount for limit the eligibility of individuals with dis- sible, the State shall follow the choice of an the State (as determined under clause (ii)) abilities based on the definition of the term individual with disabilities (or that individ- updated through the midpoint of fiscal year ‘‘institutional setting’’, as determined by the ual’s designated representative who may be a 1999 by the estimated percentage change in State. family member) regarding which covered the index described in clause (iii) during the (D) CONTINUATION OF SERVICES.—The plan services to receive and the providers who period beginning on October 1, 1997, and end- must provide assurances that, in the case of will provide such services. ing at that midpoint; and an individual receiving medical assistance (4) COST SHARING.—The plan may impose (II) for succeeding fiscal years, an amount for home and community-based services cost sharing with respect to covered services equal to the amount determined under this under the State medicaid plan under title in accordance with section 105. clause for the previous fiscal year updated XIX of the Social Security Act (42 U.S.C. 1396 (5) TYPES OF PROVIDERS AND REQUIREMENTS through the midpoint of the year by the esti- et seq.) as of the date a State’s plan is ap- FOR PARTICIPATION.—The plan shall specify— mated percentage change in the index de- proved under this title, the State will con- (A) the types of service providers eligible scribed in clause (iii) during the 12-month tinue to make available (either under this to participate in the program under the plan, period ending at that midpoint, with appro- plan, under the State medicaid plan, or oth- which shall include consumer-directed pro- priate adjustments to reflect previous under- erwise) to such individual an appropriate viders of personal assistance services, except estimations or overestimations under this level of assistance for home and community- that the plan— clause in the projected percentage change in based services, taking into account the level (i) may not limit benefits to services pro- such index. of assistance provided as of such date and vided by registered nurses or licensed prac- (ii) STATE BASE AMOUNT.—The base amount the individual’s need for home and commu- tical nurses; and for a State is an amount equal to the total nity-based services. (ii) may not limit benefits to services pro- expenditures from State funds made under (3) SERVICES.— vided by agencies or providers certified

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5516 CONGRESSIONAL RECORD — SENATE June 11, 1997 under title XVIII of the Social Security Act to the State program for individuals under 22 means any individual within 1 or more of the (42 U.S.C. 1395 et seq.); and years of age, for individuals 65 years of age following categories: (B) any requirements for participation ap- or older, or for other appropriate classes of (1) INDIVIDUALS REQUIRING HELP WITH AC- plicable to each type of service provider. individuals. TIVITIES OF DAILY LIVING.—An individual of (6) PROVIDER REIMBURSEMENT.— (10) REPORTS AND INFORMATION TO SEC- any age who— (A) PAYMENT METHODS.—The plan shall RETARY; AUDITS.—The plan shall provide that (A) requires hands-on or standby assist- specify the payment methods to be used to the State will furnish to the Secretary— ance, supervision, or cueing (as defined in reimburse providers for services furnished (A) such reports, and will cooperate with regulations) to perform 3 or more activities under the plan. Such methods may include such audits, as the Secretary determines are of daily living (as defined in subsection (d)); retrospective reimbursement on a fee-for- needed concerning the State’s administra- and service basis, prepayment on a capitation tion of its plan under this title, including the (B) is expected to require such assistance, basis, payment by cash or vouchers to indi- processing of claims under the plan; and supervision, or cueing for a chronic condi- viduals with disabilities, or any combination (B) such data and information as the Sec- tion that will last at least 180 days. of these methods. In the case of payment to retary may require in a uniform format as (2) INDIVIDUALS WHO REQUIRE SUPERVISION consumer-directed providers of personal as- specified by the Secretary. DUE TO COGNITIVE OR OTHER MENTAL IMPAIR- sistance services, including payment through (11) USE OF STATE FUNDS FOR MATCHING.— MENTS.—An individual of any age— the use of cash or vouchers, the plan shall The plan shall provide assurances that Fed- (A) who requires supervision to protect specify how the plan will assure compliance eral funds will not be used to provide for the himself or herself from threats to health or with applicable employment tax and health State share of expenditures under this title. safety due to impaired judgment, or who re- care coverage provisions. (12) HEALTH CARE WORKER REDEPLOYMENT.— quires supervision due to symptoms of 1 or (B) PAYMENT RATES.—The plan shall speci- The plan shall provide for the following: more serious behavioral problems (that is on fy the methods and criteria to be used to set (A) Before initiating the process of imple- a list of such problems specified by the Sec- payment rates for— menting the State program under such plan, retary); and (i) agency administered services furnished negotiations will be commenced with labor (B) who is expected to require such super- under the plan; and unions representing the employees of the af- vision for a chronic condition that will last (ii) consumer-directed personal assistance fected hospitals or other facilities. at least 180 days. services furnished under the plan, including (B) Negotiations under subparagraph (A) Not later than 2 years after the date of en- cash payments or vouchers to individuals will address the following: actment of this Act, the Secretary shall with disabilities, except that such payments (i) The impact of the implementation of make recommendations regarding the most shall be adequate to cover amounts required the program upon the workforce. appropriate duration of disability under this under applicable employment tax and health (ii) Methods to redeploy workers to posi- paragraph. care coverage provisions. tions in the proposed system, in the case of (3) INDIVIDUALS WITH SEVERE OR PROFOUND (C) PLAN PAYMENT AS PAYMENT IN FULL.— workers affected by the program. MENTAL RETARDATION.—An individual of any The plan shall restrict payment under the (C) The plan will provide evidence that age who has severe or profound mental retar- plan for covered services to those providers there has been compliance with subpara- dation (as determined according to a pro- that agree to accept the payment under the graphs (A) and (B), including a description of tocol specified by the Secretary). plan (at the rates established pursuant to the results of the negotiations. NDIVIDUALS WITH MEDICAL MANAGEMENT subparagraph (B)) and any cost sharing per- (4) I (13) TERMINOLOGY.—The plan shall adhere mitted under section 105 as payment in full NEEDS.—An individual of any age who due to to uniform definitions of terms, as specified for services furnished under the plan. a physical cognitive or other mental impair- by the Secretary. ment requires assistance to manage his or (7) QUALITY ASSURANCE AND SAFEGUARDS.— (b) APPROVAL OF PLANS.—The Secretary The State plan shall provide for quality as- her medical or nursing care (as determined shall approve a plan submitted by a State if surance and safeguards for applicants and by the Secretary). the Secretary determines that the plan— beneficiaries in accordance with section 106. (5) YOUNG CHILDREN WITH SEVERE DISABIL- (1) was developed by the State after a pub- (8) ADVISORY GROUP.—The State plan ITIES.—An individual under 6 years of age lic comment period of not less than 30 days; shall— who— and (A) assure the establishment and mainte- (A) has a severe disability or chronic med- nance of an advisory group in accordance (2) meets the requirements of subsection ical condition that limits functioning in a with section 107(b); and (a). manner that is comparable in severity to the (B) include the documentation prepared by The approval of such a plan shall take effect standards established under paragraphs (1), the group under section 107(b)(4). as of the first day of the first fiscal year be- (2), or (3); and (9) ADMINISTRATION AND ACCESS.— ginning after the date of such approval (ex- (B) is expected to have such a disability or (A) STATE AGENCY.—The plan shall des- cept that any approval made before October condition for at least 180 days. ignate a State agency or agencies to admin- 1, 1998, shall be effective as of such date). In The Secretary shall elaborate the criteria for ister (or to supervise the administration of) order to budget funds allotted under this children under 6 years of age based on an the plan. title, the Secretary shall establish a deadline analysis of Phase I (1994) and II (1996) of the (B) COORDINATION.—The plan shall specify for the submission of such a plan before the National Disability Survey. how it will— beginning of a fiscal year as a condition of (6) STATE OPTION WITH RESPECT TO INDIVID- (i) coordinate services provided under the its approval effective with that fiscal year. UALS WITH COMPARABLE DISABILITIES.—Not plan, including eligibility prescreening, serv- Any significant changes to the State plan more than 5 percent of a State’s allotment ice coordination, and referrals for individ- shall be submitted to the Secretary in the for services under this title may be expended uals with disabilities who are ineligible for form of plan amendments and shall be sub- for the provision of services to individuals services under this title with the State med- ject to approval by the Secretary. with severe disabilities and long-term med- icaid plan under title XIX of the Social Secu- (c) MONITORING.—The Secretary shall an- ical or nursing needs that are comparable in rity Act (42 U.S.C. 1396 et seq.), titles V and nually monitor the compliance of State severity to the criteria described in para- XX of such Act (42 U.S.C. 701 et seq. and 1397 plans with the requirements of this title ac- graphs (1) through (5), but who fail to meet et seq.), programs under the Older Americans cording to specified performance standards. the criteria in any single category under Act of 1965 (42 U.S.C. 3001 et seq.), programs In accordance with section 108(e), States such paragraphs. under the Developmental Disabilities Assist- that fail to comply with such requirements (b) DETERMINATION.— ance and Bill of Rights Act (42 U.S.C. 6000 et may be subject to a reduction in the Federal (1) IN GENERAL.—In formulating eligibility seq.), programs under the Individuals with matching rates available to the State under criteria under subsection (a), the Secretary Disabilities Education Act (20 U.S.C. 1400 et section 108(a) or the withholding of Federal shall establish criteria for assessing the seq.), and any other Federal or State pro- funds for services or administration until functional level of disability among all cat- grams that provide services or assistance such time as compliance is achieved. egories of individuals with disabilities that targeted to individuals with disabilities; and (d) TECHNICAL ASSISTANCE.—The Secretary are comparable in severity, regardless of the (ii) coordinate with health plans. shall ensure the availability of ongoing tech- age or the nature of the disabling condition (C) ADMINISTRATIVE EXPENDITURES.—Effec- nical assistance to States under this section. of the individual. The determination of tive beginning with fiscal year 2007, the plan Such assistance shall include serving as a whether an individual is an individual with shall contain assurances that not more than clearinghouse for information regarding suc- disabilities shall be made by a public or non- 10 percent of expenditures under the plan for cessful practices in providing long-term care profit agency that is specified under the all quarters in any fiscal year shall be for ad- services. State plan and that is not a provider of home ministrative costs. (e) REGULATIONS.—The Secretary shall and community-based services under this (D) INFORMATION AND ASSISTANCE.—The issue such regulations as may be appropriate title and by using a uniform protocol con- plan shall provide for a single point of access to carry out this title on a timely basis. sisting of an initial screening and a deter- to apply for services under the State pro- SEC. 103. INDIVIDUALS WITH DISABILITIES DE- mination of disability specified by the Sec- gram for individuals with disabilities. Not- FINED. retary. A State may not impose cost sharing withstanding the preceding sentence, the (a) IN GENERAL.—For purposes of this title, with respect to a determination of disability. plan may designate separate points of access the term ‘‘individual with disabilities’’ A State may collect additional information,

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5517 at the time of obtaining information to public or nonprofit agency that is specified (A) Homemaker and chore assistance. make such determination, in order to pro- under the State plan and that is not a pro- (B) Home modifications. vide for the assessment and plan described in vider of home and community-based services (C) Respite services. section 104(b) or for other purposes. under this title, except that the State may (D) Assistive technology devices, as de- (2) PERIODIC REASSESSMENT.—The deter- elect to waive the provisions of this sentence fined in section 3(2) of the Technology-Re- mination that an individual is an individual if, with respect to any area of the State, the lated Assistance for Individuals With Dis- with disabilities shall be considered to be ef- State has determined there is an insufficient abilities Act of 1988 (29 U.S.C. 2202(2)). fective under the State plan for a period of pool of entities willing to develop individual- (E) Adult day services. not more than 6 months (or for such longer ized plans of care in such area due to a low (F) Habilitation and rehabilitation. period in such cases as a significant change population of individuals eligible for home (G) Supported employment. in an individual’s condition that may affect and community-based services under this (H) Home health services. such determination is unlikely). A reassess- title residing in the area, and the State plan (I) Transportation. ment shall be made if there is a significant specifies procedures that the State will im- (J) Any other care or assistive services change in an individual’s condition that may plement in order to avoid conflicts of inter- specified by the State and approved by the affect such determination. est. Secretary that will help individuals with dis- (c) ELIGIBILITY CRITERIA.—The Secretary (ii) REQUIREMENTS WITH RESPECT TO PLAN abilities to remain in their homes and com- shall reassess the validity of the eligibility OF CARE.—A plan of care under this subpara- munities. criteria described in subsection (a) as new graph shall— (2) CRITERIA FOR SELECTION OF SERVICES.— knowledge regarding the assessments of (I) specify which services included under The State electing services under paragraph functional disabilities becomes available. the individual plan will be provided under (1) shall specify in the State plan— The Secretary shall report to the Congress the State plan under this title; (A) the methods and standards used to se- on its findings under the preceding sentence (II) identify (to the extent possible) how lect the types, and the amount, duration, as determined appropriate by the Secretary. the individual will be provided any services and scope, of services to be covered under the (d) ACTIVITY OF DAILY LIVING DEFINED.—In specified under the plan of care and not pro- plan and to be available to each category of this title, the term ‘‘activity of daily living’’ vided under the State plan; individuals with disabilities; and means any of the following: eating, toileting, (III) specify how the provision of services (B) how the types, and the amount, dura- dressing, bathing, and transferring. to the individual under the plan will be co- tion, and scope, of services specified, within (e) INDIVIDUALS WITH COGNITIVE OR OTHER ordinated with the provision of other health the limits of available funding, provide sub- MENTAL IMPAIRMENTS DEFINED.—In this title, care services to the individual; and stantial assistance in living independently to the term ‘‘individuals with cognitive or (IV) be reviewed and updated every 6 individuals within each of the categories of other mental impairments’’ means an indi- months (or more frequently if there is a individuals with disabilities. vidual with Alzheimer’s disease, dementia, change in the individual’s condition). (f) EXCLUSIONS AND LIMITATIONS.—A State autism, mental illness, mental retardation, The State shall make reasonable efforts to plan may not provide for coverage of— congenital or acquired brain injury, or any identify and arrange for services described in (1) room and board; other severe mental condition. subclause (II). Nothing in this subsection (2) services furnished in a hospital, nursing SEC. 104. HOME AND COMMUNITY-BASED SERV- shall be construed as requiring a State facility, intermediate care facility for the ICES COVERED UNDER STATE PLAN. (under the State plan or otherwise) to pro- mentally retarded, or other institutional set- (a) SPECIFICATION.— vide all the services specified in such a plan. ting specified by the Secretary; or (1) IN GENERAL.—Subject to the succeeding (C) INVOLVEMENT OF INDIVIDUALS.—The in- (3) items and services to the extent cov- provisions of this section, the State plan dividualized plan of care under subparagraph erage is provided for the individual under a under this title shall specify— (B) for an individual with disabilities shall— health plan or the medicare program. (A) the home and community-based serv- (i) be developed by qualified individuals (g) PAYMENT FOR SERVICES.—In order to ices available under the plan to individuals (specified in subparagraph (B)); pay for covered services, a State plan may with disabilities (or to such categories of (ii) be developed and implemented in close provide for the use of— such individuals); and consultation with the individual (or the indi- (1) vouchers; (B) any limits with respect to such serv- vidual’s designated representative); and (2) cash payments directly to individuals ices. (iii) be approved by the individual (or the with disabilities; (2) FLEXIBILITY IN MEETING INDIVIDUAL individual’s designated representative). (3) capitation payments to health plans; NEEDS.—Subject to subsection (e)(2), such (c) REQUIREMENT FOR CARE MANAGEMENT.— and services may be delivered in an individual’s (1) IN GENERAL.—The State shall make (4) payment to providers. home, a range of community residential ar- available to each category of individuals (h) PERSONAL ASSISTANCE SERVICES.— rangements, or outside the home. with disabilities care management services (1) IN GENERAL.—For purposes of this title, (b) REQUIREMENT FOR NEEDS ASSESSMENT that at a minimum include— the term ‘‘personal assistance services’’ AND PLAN OF CARE.— (A) arrangements for the provision of such means those services specified under the (1) IN GENERAL.—The State plan shall pro- services; and State plan as personal assistance services vide for home and community-based services (B) monitoring of the delivery of services. and shall include at least hands-on and to an individual with disabilities only if the (2) CARE MANAGEMENT SERVICES.— standby assistance, supervision, cueing with following requirements are met: (A) IN GENERAL.—Except as provided in activities of daily living, and such instru- (A) COMPREHENSIVE ASSESSMENT.— subparagraph (B), the care management mental activities of daily living as deemed (i) IN GENERAL.—A comprehensive assess- services described in paragraph (1) shall be necessary or appropriate, whether agency- ment of an individual’s need for home and provided by a public or private entity that is administered or consumer-directed (as de- community-based services (regardless of not providing home and community-based fined in paragraph (2)). Such services shall whether all needed services are available services under this title. include services that are determined to be under the plan) shall be made in accordance (B) EXCEPTION.—A person who provides necessary to help all categories of individ- with a uniform, comprehensive assessment home and community-based services under uals with disabilities, regardless of the age of tool that shall be used by a State under this this title may provide care management such individuals or the nature of the dis- paragraph with the approval of the Sec- services if— abling conditions of such individuals. retary. The comprehensive assessment shall (i) the State determines that there is an (2) CONSUMER-DIRECTED.—For purposes of be made by a public or nonprofit agency that insufficient pool of entities willing to pro- this title: is specified under the State plan and that is vide such services in an area due to a low (A) IN GENERAL.—The term ‘‘consumer-di- not a provider of home and community-based population of individuals eligible for home rected’’ means, with reference to personal as- services under this title. and community-based services under this sistance services or the provider of such (ii) EXCEPTION.—The State may elect to title residing in such area; and services, services that are provided by an in- waive the provisions of clause (i) if— (ii) the State plan specifies procedures that dividual who is selected and managed (and, (I) with respect to any area of the State, the State will implement in order to avoid at the option of the service recipient, the State has determined that there is an in- conflicts of interest. trained) by the individual receiving the serv- sufficient pool of entities willing to perform (d) MANDATORY COVERAGE OF PERSONAL AS- ices. comprehensive assessments in such area due SISTANCE SERVICES.—The State plan shall in- (B) STATE RESPONSIBILITIES.—A State plan to a low population of individuals eligible for clude, in the array of services made available shall ensure that where services are provided home and community-based services under to each category of individuals with disabil- in a consumer-directed manner, the State this title residing in the area; and ities, both agency-administered and con- shall create or contract with an entity, other (II) the State plan specifies procedures sumer-directed personal assistance services than the consumer or the individual pro- that the State will implement in order to (as defined in subsection (h)). vider, to— avoid conflicts of interest. (e) ADDITIONAL SERVICES.— (i) inform both recipients and providers of (B) INDIVIDUALIZED PLAN OF CARE.— (1) TYPES OF SERVICES.—Subject to sub- rights and responsibilities under all applica- (i) IN GENERAL.—An individualized plan of section (f), services available under a State ble Federal labor and tax law; and care based on the assessment made under plan under this title may include any (or all) (ii) assume responsibility for providing ef- subparagraph (A) shall be developed by a of the following: fective billing, payments for services, tax

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5518 CONGRESSIONAL RECORD — SENATE June 11, 1997 withholding, unemployment insurance, and for disagreements with the terms of an indi- the clients with regard to the provisions of workers’ compensation coverage, and act as vidualized plan of care; this title. the employer of the home care provider. (H) providing for participation in quality (B) CONTRACTS AND ARRANGEMENTS.— (C) RIGHT OF CONSUMERS.—Notwithstanding assurance activities; and (i) IN GENERAL.—Except as provided in the State responsibilities described in sub- (I) specifying the role of the Long-Term clause (ii), the State agency may establish paragraph (B), service recipients, and, where Care Ombudsman (under the Older Ameri- and operate the office, and carry out the pro- appropriate, their designated representative, cans Act of 1965 (42 U.S.C. 3001 et seq.)) and gram, directly, or by contract or other ar- shall retain the right to independently se- the protection and advocacy system (estab- rangement with any public agency or non- lect, hire, terminate, and direct (including lished under section 142 of the Develop- profit private organization. manage, train, schedule, and verify services mental Disabilities Assistance and Bill of (ii) LICENSING AND CERTIFICATION ORGANIZA- provided) the work of a home care provider. Rights Act (42 U.S.C. 6042)) in assuring qual- TIONS; ASSOCIATIONS.—The State agency may (3) AGENCY ADMINISTERED.—For purposes of ity of services and protecting the rights of not enter into the contract or other arrange- this title, the term ‘‘agency-administered’’ individuals with disabilities. ment described in clause (i) with an agency means, with respect to such services, serv- (2) ISSUANCE OF REGULATIONS.—Not later or organization that is responsible for licens- ices that are not consumer-directed. than 1 year after the date of enactment of ing, certifying, or providing long-term care SEC. 105. COST SHARING. this Act, the Secretary shall issue regula- services in the State. tions implementing the quality provisions of (a) NO COST SHARING FOR POOREST.— (d) SAFEGUARDS.— this subsection. (1) IN GENERAL.—The State plan may not (1) CONFIDENTIALITY.—The State plan shall (b) FEDERAL STANDARDS.—The State plan impose any cost sharing for individuals with provide safeguards that restrict the use or shall adhere to Federal quality standards in income (as determined under subsection (d)) disclosure of information concerning appli- the following areas: cants and beneficiaries to purposes directly less than 150 percent of the official poverty (1) Case review of a specified sample of cli- level applicable to a family of the size in- connected with the administration of the ent records. plan. volved (referred to in paragraph (2)). (2) The mandatory reporting of abuse, ne- (2) OFFICIAL POVERTY LEVEL.—For purposes (2) SAFEGUARDS AGAINST ABUSE.—The State glect, or exploitation. plans shall provide safeguards against phys- of paragraph (1), the term ‘‘official poverty (3) The development of a registry of pro- level applicable to a family of the size in- ical, emotional, or financial abuse or exploi- vider agencies or home care workers and tation (specifically including appropriate volved’’ means, for a family for a year, the consumer directed providers of personal as- safeguards in cases where payment for pro- official poverty line (as defined by the Office sistance services against whom any com- gram benefits is made by cash payments or of Management and Budget, and revised an- plaints have been sustained, which shall be vouchers given directly to individuals with nually in accordance with section 673(2) of available to the public. disabilities). All providers of services shall the Community Services Block Grant Act (42 (4) Sanctions to be imposed on States or be required to register with the State agen- U.S.C. 9902(2)) applicable to a family of the providers, including disqualification from cy. size involved. the program, if minimum standards are not (3) REGULATIONS.—Not later than October (b) SLIDING SCALE FOR REMAINDER.—The met. 1, 1998, the Secretary shall promulgate regu- State plan may impose cost sharing for indi- (5) Surveys of client satisfaction. lations with respect to the requirements on viduals not described in subsection (a) in (6) State optional training programs for in- such form and manner as the State deter- formal caregivers. States under this subsection. mines is appropriate. (c) CLIENT ADVOCACY.— (e) SPECIFIED RIGHTS.—The State plan (c) RECOMMENDATION OF THE SECRETARY.— (1) IN GENERAL.—The State plan shall pro- shall provide that in furnishing home and The Secretary shall make recommendations vide that the State will expend the amount community-based services under the plan the to the States as to how to reduce cost-shar- allocated under section 109(b)(2) for client following individual rights are protected: ing for individuals with extraordinary out- advocacy activities. The State may use such (1) The right to be fully informed in ad- of-pocket costs for whom the imposition of funds to augment the budgets of the Long- vance, orally and in writing, of the care to be cost-sharing could jeopardize their ability to Term Care Ombudsman (under the Older provided, to be fully informed in advance of take advantage of the services offered under Americans Act of 1965 (42 U.S.C. 3001 et seq.) any changes in care to be provided, and (ex- this title. The Secretary shall establish a and the protection and advocacy system (es- cept with respect to an individual deter- methodology for reducing the cost-sharing tablished under section 142 of the Develop- mined incompetent) to participate in plan- burden for individuals with exceptionally mental Disabilities Assistance and Bill of ning care or changes in care. high out-of-pocket costs under this title. Rights Act (42 U.S.C. 6042)) or may establish (2) The right to— (d) DETERMINATION OF INCOME FOR PUR- a separate and independent client advocacy (A) voice grievances with respect to serv- POSES OF COST SHARING.—The State plan office in accordance with paragraph (2) to ad- ices that are (or fail to be) furnished without shall specify the process to be used to deter- minister a new program designed to advocate discrimination or reprisal for voicing griev- mine the income of an individual with dis- for client rights. ances; abilities for purposes of this section. Such (2) CLIENT ADVOCACY OFFICE.— (B) be told how to complain to State and standards shall include a uniform Federal (A) IN GENERAL.—A client advocacy office local authorities; and definition of income and any allowable de- established under this paragraph shall— (C) prompt resolution of any grievances or ductions from income. (i) identify, investigate, and resolve com- complaints. SEC. 106. QUALITY ASSURANCE AND SAFE- plaints that— (3) The right to confidentiality of personal GUARDS. (I) are made by, or on behalf of, clients; and clinical records and the right to have ac- (a) QUALITY ASSURANCE.— and cess to such records. (1) IN GENERAL.—The State plan shall (II) relate to action, inaction, or decisions, (4) The right to privacy and to have one’s specify how the State will ensure and mon- that may adversely affect the health, safety, property treated with respect. itor the quality of services, including— welfare, or rights of the clients (including (5) The right to refuse all or part of any (A) safeguarding the health and safety of the welfare and rights of the clients with re- care and to be informed of the likely con- individuals with disabilities; spect to the appointment and activities of sequences of such refusal. (B) setting the minimum standards for guardians and representative payees), of— (6) The right to education or training for agency providers and how such standards (aa) providers, or representatives of pro- oneself and for members of one’s family or will be enforced; viders, of long-term care services; household on the management of care. (C) setting the minimum competency re- (bb) public agencies; or (7) The right to be free from physical or quirements for agency provider employees (cc) health and social service agencies; mental abuse, corporal punishment, and any who provide direct services under this title (ii) provide services to assist the clients in physical or chemical restraints imposed for and how the competency of such employees protecting the health, safety, welfare, and purposes of discipline or convenience and not will be enforced; rights of the clients; included in an individual’s plan of care. (D) obtaining meaningful consumer input, (iii) inform the clients about means of ob- (8) The right to be fully informed orally including consumer surveys that measure taining services provided by providers or and in writing of the individual’s rights. the extent to which participants receive the agencies described in clause (i)(II) or services (9) The right to a free choice of providers. services described in the plan of care and described in clause (ii); (10) The right to direct provider activities participant satisfaction with such services; (iv) ensure that the clients have regular when an individual is competent and willing (E) establishing a process to receive, inves- and timely access to the services provided to direct such activities. tigate, and resolve allegations of neglect or through the office and that the clients and SEC. 107. ADVISORY GROUPS. abuse; complainants receive timely responses from (a) FEDERAL ADVISORY GROUP.— (F) establishing optional training pro- representatives of the office to complaints; (1) ESTABLISHMENT.—The Secretary shall grams for individuals with disabilities in the and establish an advisory group, to advise the use and direction of consumer directed pro- (v) represent the interests of the clients be- Secretary and States on all aspects of the viders of personal assistance services; fore governmental agencies and seek admin- program under this title. (G) establishing an appeals procedure for istrative, legal, and other remedies to pro- (2) COMPOSITION.—The group shall be com- eligibility denials and a grievance procedure tect the health, safety, welfare, and rights of posed of individuals with disabilities and

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5519 their representatives, providers, Federal and gibility and performance of needs assess- (A) a factor (described in paragraph (3)) re- State officials, and local community imple- ment; plus flecting the change in the medical care ex- menting agencies. A majority of its members (4) an amount equal to 90 percent (or, be- penditure category of the Consumer Price shall be individuals with disabilities and ginning with quarters in fiscal year 2007, 75 Index for All Urban Consumers (United their representatives. percent) of the amount expended during the States city average), published by the Bu- (b) STATE ADVISORY GROUPS.— quarter for the design, development, and in- reau of Labor Statistics for the fiscal year; (1) IN GENERAL.—Each State plan shall pro- stallation of mechanical claims processing and vide for the establishment and maintenance systems and for information retrieval; plus (B) a factor (described in paragraph (4)) re- of an advisory group to advise the State on (5) an amount equal to 50 percent of the re- flecting the change in the number of individ- all aspects of the State plan under this title. mainder of the amounts expended during the uals with disabilities for the fiscal year. (2) COMPOSITION.—Members of each advi- quarter as found necessary by the Secretary (3) CPI MEDICAL CARE EXPENDITURE IN- sory group shall be appointed by the Gov- for the proper and efficient administration of CREASE FACTOR.—For purposes of paragraph ernor (or other chief executive officer of the the State plan. (2)(A), the factor described in this paragraph State) and shall include individuals with dis- (b) FEDERAL HOME AND COMMUNITY-BASED for a fiscal year is the ratio of— abilities and their representatives, providers, SERVICES MATCHING PERCENTAGE.—In sub- (A) the percentage increase or decrease, re- State officials, and local community imple- section (a), the term ‘‘Federal home and spectively, in the medical care expenditure menting agencies. A majority of its members community-based services matching percent- category of the Consumer Price Index for All shall be individuals with disabilities and age’’ means, with respect to a State, the Urban Consumers (United States city aver- their representatives. The members of the State’s Federal medical assistance percent- age), published by the Bureau of Labor Sta- advisory group shall be selected from those age (as defined in section 1905(b) of the So- tistics, for the preceding fiscal year, to— nominated as described in paragraph (3). cial Security Act (42 U.S.C. 1396d(b))) in- (B) such increase or decrease, as so meas- creased by 15 percentage points, except that (3) SELECTION OF MEMBERS.—Each State ured, for the second preceding fiscal year. the Federal home and community-based shall establish a process whereby all resi- (4) DISABLED POPULATION FACTOR.—For pur- services matching percentage shall in no dents of the State, including individuals poses of paragraph (2)(B), the factor de- case be more than 95 percent. with disabilities and their representatives, scribed in this paragraph for a fiscal year is (c) PAYMENTS ON ESTIMATES WITH RETRO- 100 percent plus (or minus) the percentage shall be given the opportunity to nominate SPECTIVE ADJUSTMENTS.—The method of members to the advisory group. increase (or decrease) change in the disabled computing and making payments under this population of the United States (as deter- (4) PARTICULAR CONCERNS.—Each advisory section shall be as follows: group shall— mined for purposes of the most recent update (1) The Secretary shall, prior to the begin- under subsection (b)(3)(D)). (A) before the State plan is developed, ad- ning of each quarter, estimate the amount to vise the State on guiding principles and val- (5) LEGISLATIVE PROPOSAL FOR ADDITIONAL be paid to the State under subsection (a) for FUNDS DUE TO MEDICAID OFFSETS.— ues, policy directions, and specific compo- such quarter, based on a report filed by the nents of the plan; (A) IN GENERAL.—Not later than January 1, State containing its estimate of the total 1998, the Secretary shall submit to the ap- (B) meet regularly with State officials in- sum to be expended in such quarter, and such volved in developing the plan, during the de- propriate committees of Congress a legisla- other information as the Secretary may find tive proposal that, during the period begin- velopment phase, to review and comment on necessary. ning on October 1, 1998, and ending on Sep- all aspects of the plan; (2) From the allotment available therefore, tember 30, 2007, for each fiscal year during (C) participate in the public hearings to the Secretary shall provide for payment of such period, allocates among the States with help assure that public comments are ad- the amount so estimated, reduced or in- plans approved under this title an amount dressed to the extent practicable; creased, as the case may be, by any sum (not equal to 75 percent of the Federal medicaid (D) report to the Governor and make avail- previously adjusted under this section) by long-term care savings. The legislative pro- able to the public any differences between which the Secretary finds that the estimate posal shall provide that funds shall be allo- the group’s recommendations and the plan; of the amount to be paid the State for any cated to such States without requiring any (E) report to the Governor and make avail- prior period under this section was greater State matching payments in order to receive able to the public specifically the degree to or less than the amount that should have such funds. which the plan is consumer-directed; and been paid. (B) FEDERAL MEDICAID LONG-TERM CARE (F) meet regularly with officials of the des- (d) APPLICATION OF RULES REGARDING LIMI- SAVINGS DEFINED.—In subparagraph (A), the TATIONS ON PROVIDER-RELATED DONATIONS ignated State agency (or agencies) to provide term ‘Federal medicaid long-term care sav- AND HEALTH CARE-RELATED TAXES.—The pro- advice on all aspects of implementation and ings’ means with respect to a fiscal year, the visions of section 1903(w) of the Social Secu- evaluation of the plan. amount equal to the amount of Federal out- rity Act (42 U.S.C. 1396b(w)) shall apply to SEC. 108. PAYMENTS TO STATES. lays that would have been made under title payments to States under this section in the (a) IN GENERAL.—Subject to section XIX of the Social Security Act (42 U.S.C. 1396 same manner as they apply to payments to 102(a)(9)(C) (relating to limitation on pay- et seq.) during such fiscal year but for the States under section 1903(a) of such Act (42 ment for administrative costs), the Sec- U.S.C. 1396b(a)). provision of home and community-based retary, in accordance with the Cash Manage- (e) FAILURE TO COMPLY WITH STATE services under the program under this title. ment Improvement Act of 1990 (31 U.S.C. 6501 (b) ALLOTMENTS TO STATES.— PLAN.—If a State furnishing home and com- note), shall authorize payment to each State munity-based services under this title fails (1) IN GENERAL.—The Secretary shall allot with a plan approved under this title, for to comply with the State plan approved the amounts available under the appropria- each quarter (beginning on or after October under this title, the Secretary may either re- tion authorized for the fiscal year under 1, 1998), from its allotment under section duce the Federal matching rates available to paragraph (1) of subsection (a), to the States 109(b), an amount equal to— the State under subsection (a) or withhold with plans approved under this title in ac- (1)(A) with respect to the amount dem- an amount of funds determined appropriate cordance with an allocation formula devel- onstrated by State claims to have been ex- by the Secretary from any payment to the oped by the Secretary that takes into ac- pended during the year for home and commu- State under this section. count— nity-based services under the plan for indi- SEC. 109. APPROPRIATIONS; ALLOTMENTS TO (A) the percentage of the total number of viduals with disabilities that does not exceed STATES. individuals with disabilities in all States 20 percent of the amount allotted to the (a) APPROPRIATIONS.— that reside in a particular State; State under section 109(b), 100 percent of (1) FISCAL YEARS 1999 THROUGH 2007.—Subject (B) the per capita costs of furnishing home such amount; and to paragraph (5)(C), for purposes of this title, and community-based services to individuals (B) with respect to the amount dem- the appropriation authorized under this title with disabilities in the State; and onstrated by State claims to have been ex- for each of fiscal years 1999 through 2007 is (C) the percentage of all individuals with pended during the year for home and commu- the following: incomes at or below 150 percent of the offi- nity-based services under the plan for indi- (A) For fiscal year 1999, $500,000,000. cial poverty line (as described in section viduals with disabilities that exceeds 20 per- (B) For fiscal year 2000, $750,000,000. 105(a)(2)) in all States that reside in a par- cent of the amount allotted to the State (C) For fiscal year 2001, $1,000,000,000. ticular State. under section 109(b), the Federal home and (D) For fiscal year 2002, $1,500,000,000. (2) ALLOCATION FOR CLIENT ADVOCACY AC- community-based services matching percent- (E) For fiscal year 2003, $2,000,000,000. TIVITIES.—Each State with a plan approved age (as defined in subsection (b)) of such (F) For fiscal year 2004, $2,500,000,000. under this title shall allocate 1⁄2 of 1 percent amount; plus (G) For fiscal year 2005, $3,250,000,000. of the State’s total allotment under para- (2) an amount equal to 90 percent of the (H) For fiscal year 2006, $4,000,000,000. graph (1) for client advocacy activities as de- amount demonstrated by the State to have (I) For fiscal year 2007, $5,000,000,000. scribed in section 106(c). been expended during the quarter for quality (2) SUBSEQUENT FISCAL YEARS.—For pur- (3) NO DUPLICATE PAYMENT.—No payment assurance activities under the plan; plus poses of this title, the appropriation author- may be made to a State under this section (3) an amount equal to 90 percent of the ized for State plans under this title for each for any services provided to an individual to amount expended during the quarter under fiscal year after fiscal year 2007 is the appro- the extent that the State received payment the plan for activities (including preliminary priation authorized under this subsection for for such services under section 1903(a) of the screening) relating to determinations of eli- the preceding fiscal year multiplied by— Social Security Act (42 U.S.C. 1396b(a)).

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5520 CONGRESSIONAL RECORD — SENATE June 11, 1997

(4) REALLOCATIONS.—Any amounts allotted GRAMS.—The Secretary shall establish a pro- dividualized home and community-based to States under this subsection for a year gram under which incentive grants may be case management and services to individuals that are not expended in such year shall re- awarded to assist private and public agen- in need of long term care with hospital dis- main available for State programs under this cies, including area agencies on aging, and charge planning programs; and title and may be reallocated to States as the organizations in developing and expanding ‘‘(ii) demonstrate that adequate home and Secretary determines appropriate. programs and projects that facilitate the dis- community-based long term care manage- (c) STATE ENTITLEMENT.—This title con- charge of individuals in hospitals or other ment and services are available, or will be stitutes budget authority in advance of ap- acute care facilities who are in need of long- made available to individuals being served propriations Acts, and represents the obliga- term care services and placement of such in- under the program funded with amounts re- tion of the Federal Government to provide dividuals into home and community-based ceived under subsection (b). for the payment to States of amounts de- settings. ‘‘(B) DISTRIBUTION.—In awarding grants scribed in subsection (a). ‘‘(c) ADMINISTRATIVE PROVISIONS.— under subsection (b), the Secretary shall en- SEC. 110. FEDERAL EVALUATIONS. ‘‘(1) ELIGIBLE ENTITIES.—To be eligible to sure that such grants— Not later than December 31, 2004, Decem- receive a grant under subsection (b) an enti- ‘‘(i) are equitably distributed on a geo- ber 31, 2007, and each December 31 thereafter, ty shall be— graphic basis; the Secretary shall provide to Congress ana- ‘‘(A)(i) a State agency as defined in section ‘‘(ii) include projects operating in urban 102(43) of the Older Americans Act of 1965 (42 lytical reports that evaluate— areas and projects operating in rural areas; U.S.C. 3002(43)); or (1) the extent to which individuals with and ‘‘(ii) a State agency responsible for admin- low incomes and disabilities are equitably ‘‘(iii) are awarded for the expansion of ex- istering home and community care programs served; isting hospital linkage programs as well as under title XIX of the Social Security Act (2) the adequacy and equity of service the establishment of new programs. (42 U.S.C. 1396 et seq.); or plans to individuals with similar levels of ‘‘(C) EXPEDITED CONSIDERATION.—The Sec- ‘‘(B) if no State agency described in sub- disability across States; retary shall provide for the expedited consid- paragraph (A) applies with respect to a par- (3) the comparability of program participa- eration of any waiver application that is nec- ticular State, a public or nonprofit private tion across States, described by level and essary under title XIX of the Social Security entity. type of disability; and Act (42 U.S.C. 1396 et seq.) to enable an appli- ‘‘(2) APPLICATIONS.—To be eligible to re- cant for a grant under subsection (b) to sat- (4) the ability of service providers to suffi- ceive an incentive grant under subsection ciently meet the demand for services. (b), an entity shall prepare and submit to the isfy the assurance required under paragraph SEC. 111. INFORMATION AND TECHNICAL ASSIST- Secretary an application at such time, in (1)(D). ANCE GRANTS RELATING TO DEVEL- such manner, and containing such informa- ‘‘(4) USE OF GRANTS.—An entity that re- OPMENT OF HOSPITAL LINKAGE tion as the Secretary may require, includ- ceives amounts under a grant under sub- PROGRAMS. section (b) may use such amounts for plan- (a) FINDINGS.—Congress finds that— ing— ‘‘(A) an assessment of the need within the ning, development and evaluation services (1) demonstration programs and projects and to provide reimbursements for the costs have been developed to offer care manage- community to be served for the establish- ment or expansion of a program to facilitate of one or more case mangers to be located in ment to hospitalized individuals awaiting or assigned to selected hospitals who would— discharge who are in need of long-term the discharge of individuals in need of long- term care who are in hospitals or other acute ‘‘(A) identify patients in need of individ- health care services that meet individual ualized care in home and community-based needs and preferences in home and commu- care facilities into home and community- care programs that provide individually long-term care; nity-based settings as an alternative to long- planned, flexible services that reflect indi- ‘‘(B) assess and develop care plans in co- term nursing home care or institutional vidual choice or preference rather than nurs- operation with the hospital discharge plan- placement; and ing home or institutional settings; ning staff; and (2) there is a need to disseminate informa- ‘‘(B) a plan for establishing or expanding a ‘‘(C) arrange for the provision of commu- tion and technical assistance to hospitals program for identifying individuals in hos- nity care either immediately upon discharge and State and local community organiza- pital or acute care facilities who are in need from the hospital or after any short term tions regarding such programs and projects of individualized long-term care provided in nursing-home stay that is needed for recu- and to provide incentive grants to State and home and community-based settings rather peration or rehabilitation; local public and private agencies, including than nursing homes or other institutional ‘‘(5) DIRECT SERVICES SUBJECT TO REIM- area agencies on aging, to establish and ex- settings and undertaking the planning and BURSEMENTS.—None of the amounts provided pand programs that offer care management management of individualized care plans to under a grant under this section may be used to individuals awaiting discharge from acute facilitate discharge into such settings; to provide direct services, other than case care hospitals who are in need of long-term ‘‘(C) assurances that nongovernmental case management, for which reimbursements are care so that services to meet individual management agencies funded under grants otherwise available under title XVIII or XIX needs and preferences can be arranged in awarded under this section are not direct of the Social Security Act (42 U.S.C. 1395 et home and community-based settings as an providers of home and community-based seq. and 1396 et seq.). alternative to long-term placement in nurs- services; ‘‘(6) LIMITATIONS.— ing homes or other institutional settings. ‘‘(D) satisfactory assurances that adequate ‘‘(A) TERM.—Grants awarded under this (b) DISSEMINATION OF INFORMATION, TECH- home and community-based long term care section shall be for terms of less than 3 NICAL ASSISTANCE, AND INCENTIVE GRANTS TO services are available, or will be made avail- years. ASSIST IN THE DEVELOPMENT OF HOSPITAL able, within the community to be served so ‘‘(B) AMOUNT.—Grants awarded to an enti- LINKAGE PROGRAMS.—Part C of title III of ty under this section shall not exceed the Public Health Service Act (42 U.S.C. 248 that individuals being discharged from hos- pitals or acute care facilities under the pro- $300,000 per year. The Secretary may waive et seq.) is amended by adding at the end the the limitation under this subparagraph following: posed program can be served in such home and community-based settings, with flexible, where an applicant demonstrates that the ‘‘SEC. 327B. DISSEMINATION OF INFORMATION, individualized care that reflects individual number of hospitals or individuals to be TECHNICAL ASSISTANCE AND IN- choice and preference; served under the grant justifies such in- CENTIVE GRANTS TO ASSIST IN THE creased amounts. DEVELOPMENT OF HOSPITAL LINK- ‘‘(E) a description of the manner in which AGE PROGRAMS. the program to be administered with ‘‘(C) SUPPLANTING OF FUNDS.—Amounts ‘‘(a) DISSEMINATION OF INFORMATION.—The amounts received under the grant will be awarded under a grant under this section Secretary shall compile, evaluate, publish, continued after the termination of the grant may not be used to supplant existing State and disseminate to appropriate State and for which such application is submitted; and funds that are provided to support hospital local officials and to private organizations ‘‘(F) a description of any waivers or ap- link programs. and agencies that provide services to individ- provals necessary to expand the number of ‘‘(d) EVALUATION AND REPORTS.— uals in need of long-term health care serv- individuals served in federally funded home ‘‘(1) BY GRANTEES.—An entity that receives ices, such information and materials as may and community-based long term care pro- a grant under this section shall evaluate the assist such entities in replicating successful grams in order to provide satisfactory assur- effectiveness of the services provided under programs that are aimed at offering care ances that adequate home and community- the grant in facilitating the placement of in- management to hospitalized individuals who based long term care services are available dividuals being discharged from hospitals or are in need of long-term care so that services in the community to be served. acute care facilities into home and commu- to meet individual needs and preferences can ‘‘(3) AWARDING OF GRANTS.— nity-based long term care settings rather be arranged in home and community-based ‘‘(A) PREFERENCES.—In awarding grants than nursing homes. Such entity shall pre- settings as an alternative to long-term nurs- under subsection (b), the Secretary shall give pare and submit to the Secretary a report ing home placement. The Secretary may pro- preference to entities submitting applica- containing such information and data con- vide technical assistance to entities seeking tions that— cerning the activities funded under the grant to replicate such programs. ‘‘(i) demonstrate an ability to coordinate as the Secretary determines appropriate. ‘‘(b) INCENTIVE GRANTS TO ASSIST IN THE activities funded using amounts received ‘‘(2) BY SECRETARY.—Not later than the end DEVELOPMENT OF HOSPITAL LINKAGE PRO- under the grant with programs providing in- of the third fiscal year for which funds are

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5521

appropriated under subsection (e), the Sec- (13) INDEXED FORWARD.—The term ‘‘indexed (27) SUBACUTE CARE.—The term ‘‘subacute retary shall prepare and submit to the appro- forward’’ means an adjustment made to a per care’’ means comprehensive inpatient care priate committees of Congress, a report con- diem rate to account for cost increases due designed for an individual that has an acute cerning the results of the evaluations and re- to inflation or other factors during an inter- illness, injury, or exacerbation of a disease ports conducted and prepared under para- vening period following the base year and process. The care is goal oriented treatment graph (1). projecting such cost increases for a future rendered immediately after, or instead of, ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— period in which the rate applies. Indexing acute hospitalization to treat 1 or more spe- There are authorized to be appropriated to forward under this title shall be determined cific active complex medical conditions or to carry out this section, $5,000,000 for each of from the midpoint of the base year to the administer 1 or more technically complex the fiscal years 1998 through 2000.’’. midpoint of the rate year. treatments, in the context of a person’s un- TITLE II—PROSPECTIVE PAYMENT (14) MDS.—The term ‘‘MDS’’ means a resi- derlying long-term conditions and overall SYSTEM FOR NURSING FACILITIES dent assessment instrument, currently rec- situation. In most cases, the individual’s SEC. 201. DEFINITIONS. ognized by HCFA, any extensions to MDS, condition is such that the care does not de- In this title: and any extensions to accommodate pend heavily on high technology monitoring (1) ACUITY PAYMENT.—The term ‘‘acuity subacute care which contain an appropriate or complex diagnostic procedures. Subacute payment’’ means a fixed amount that will be core of assessment items with definitions care requires the coordinated services of an added to the facility-specific prices for cer- and coding categories needed to comprehen- interdisciplinary team including physicians, tain resident classes designated by the Sec- sively assess a nursing facility resident. nurses, and other relevant professional dis- retary as requiring heavy care. (15) MAJOR MOVABLE EQUIPMENT.—The term ciplines, who are trained and knowledgeable (2) AGGREGATED RESIDENT INVOICE.—The ‘‘major movable equipment’’ means equip- to assess and manage these specific condi- term ‘‘aggregated resident invoice’’ means a ment that meets the definition of major tions and perform the necessary procedures. compilation of the per resident invoices of a movable equipment in section 104.4 of HCFA- Subacute care is given as part of a specifi- nursing facility which contain the number of Pub. 15. cally defined program, regardless of the site. resident days for each resident and the resi- (16) NURSING FACILITY.—The term ‘‘nursing Subacute care is generally more intensive dent class of each resident at the nursing fa- facility’’ means an institution that meets than traditional nursing facility care and cility during a particular month. the requirements of a ‘‘skilled nursing facil- less than acute care. It requires frequent (3) ALLOWABLE COSTS.—The term ‘‘allow- ity’’ under section 1819(a) of the Social Secu- (daily to weekly) recurrent patient assess- able costs’’ means costs which HCFA has de- rity Act (42 U.S.C. 1395i–3(a)) and of a ‘‘nurs- ment and review of the clinical course and termined to be necessary for a nursing facil- ing facility’’ under section 1919(a) of that Act treatment plan for a limited (several days to ity to incur according to the Provider Reim- (42 U.S.C. 1396r(a)). several months) time period, until the condi- bursement Manual (in this title referred to (17) PER BED LIMIT.—The term ‘‘per bed tion is stabilized or a predetermined treat- as ‘‘HCFA-Pub. 15’’). limit’’ means a per-bed ceiling on the fair ment course is completed. (4) BASE YEAR.—The term ‘‘base year’’ asset value of a nursing facility for 1 of the SEC. 202. PAYMENT OBJECTIVES. means the most recent cost reporting period geographic regions designated by the Sec- Payment rates under the Prospective Pay- (consisting of a period which is 12 months in retary. ment System for nursing facilities shall re- length, except for facilities with new owners, (18) PER DIEM RATE.—The term ‘‘per diem flect the following objectives: in which case the period is not less than 4 rate’’ refers to a rate of payment for the (1) To maintain an equitable and fair bal- months and not more than 13 months) for costs of covered services for a resident day. ance between cost containment and quality which cost data of nursing facilities is avail- (19) RELATIVE WEIGHT.—The term ‘‘relative of care in nursing facilities. able to be used for the determination of a weight’’ means the index of the value of the (2) To encourage nursing facilities to prospective rate. resources required for a given resident class admit residents without regard to such resi- (5) CASE MIX WEIGHT.—The term ‘‘case mix relative to the value of resources of either a dents’ source of payment. weight’’ means the total case mix score of a base resident class or the average of all the (3) To provide an incentive to nursing fa- facility calculated by multiplying the resi- cilities to admit and provide care to persons dent days in each resident class by the rel- resident classes. in need of comparatively greater care, in- ative weight assigned to each resident class, (20) R.S. MEANS INDEX.—The term ‘‘R.S. cluding those in need of subacute care. and summing the resulting products across Means Index’’ means the index of the R. S. (4) To maintain administrative simplicity, all resident classes. Means Company, Inc., specific to commercial or industrial institutionalized nursing facili- for both nursing facilities and the Secretary. (6) COMPLEX MEDICAL EQUIPMENT.—The (5) To encourage investment in buildings term ‘‘complex medical equipment’’ means ties, that is based upon a survey of prices of items such as ventilators, intermittent posi- common building materials and wage rates and improvements to nursing facilities (cap- tive pressure breathing machines, nebulizers, for nursing facility construction. ital formation) as necessary to maintain suction pumps, continuous positive airway (21) REBASE.—The term ‘‘rebase’’ means quality and access. pressure devices, and bead beds such as air the process of updating nursing facility cost SEC. 203. POWERS AND DUTIES OF THE SEC- fluidized beds. data for a subsequent rate year using a more RETARY. (7) DISTINCT PART NURSING FACILITY.—The recent base year. (a) RULES AND REGULATIONS.—The Sec- term ‘‘distinct part nursing facility’’ means (22) RENTAL RATE.—The term ‘‘rental rate’’ retary shall establish by regulation all rules an institution which has a distinct part that means a percentage that will be multiplied and regulations necessary for implementa- is certified under title XVIII of the Social by the fair asset value of property to deter- tion of this title. The rates determined under Security Act (42 U.S.C. 1395 et seq.) and mine the total annual rental payment in lieu this title shall be determined in a budget meets the requirements of section 201.1 of of property costs. neutral manner and shall reflect the objec- the Skilled Nursing Facility Manual pub- (23) RESIDENT CLASSIFICATION SYSTEM.—The tives described in section 202 of this title. lished by HCFA (in this title referred to as term ‘‘resident classification system’’ means (b) FILING REQUIREMENTS.—The Secretary ‘‘HCFA-Pub. 12’’). a system that categorizes residents into dif- may require that each nursing facility file (8) EFFICIENCY INCENTIVE.—The term ‘‘effi- ferent resident classes according to simi- such data, statistics, schedules, or informa- ciency incentive’’ means a payment made to larity of their assessed condition and re- tion as required to enable the Secretary to a nursing facility in recognition of incurring quired services of the residents. implement this title. costs below a prespecified level. (24) RESIDENT DAY.—The term ‘‘resident SEC. 204. RELATIONSHIP TO TITLE XVIII OF THE (9) FIXED EQUIPMENT.—The term ‘‘fixed day’’ means the period of services for 1 resi- SOCIAL SECURITY ACT. equipment’’ means equipment which meets dent, regardless of payment source, for 1 con- (a) IN GENERAL.—No provision in this title the definition of building equipment in sec- tinuous 24 hours of services. The day of ad- shall replace, or otherwise affect, the skilled tion 104.3 of HCFA-Pub. 15, including attach- mission of the resident constitutes a resident nursing facility benefit under title XVIII of ments to buildings such as wiring, electrical day but the day of discharge does not con- the Social Security Act (42 U.S.C. 1395 et fixtures, plumbing, elevators, heating sys- stitute a resident day. Bed hold days are not seq.). tems, and air conditioning systems. to be considered resident days, and bed hold (b) PROVISIONS OF HCFA–15.—The provi- (10) GEOGRAPHIC CEILING.—The term ‘‘geo- day revenues are not to be offset. sions of HCFA-Pub. 15 shall apply to the de- graphic ceiling’’ means a limitation on pay- (25) RESOURCE UTILIZATION GROUPS, VERSION termination of allowable costs under this ments in any given cost center for nursing III.—The term ‘‘Resource Utilization Groups, title except to the extent that such provi- facilities in 1 of no fewer than 8 geographic Version III’’ (in this title referred to as sions conflict with any other provision in regions, further subdivided into rural and ‘‘RUG–III’’) refers to a category-based resi- this title. urban areas, as designated by the Secretary. dent classification system used to classify SEC. 205. ESTABLISHMENT OF RESIDENT CLASSI- (11) HCFA.—The term ‘‘HCFA’’ means the nursing facility residents into mutually ex- FICATION SYSTEM. Health Care Financing Administration. clusive RUG–III groups. Residents in each (a) IN GENERAL.— (12) HEAVY CARE.—The term ‘‘heavy care’’ RUG–III group utilize similar quantities and (1) ESTABLISHMENT.—The Secretary shall means an exceptionally high level of care patterns of resources. establish a resident classification system which the Secretary has determined is re- (26) SECRETARY.—The term ‘‘Secretary’’ which shall group residents into classes ac- quired for residents in certain resident class- means the Secretary of Health and Human cording to similarity of their assessed condi- es. Services. tion and required services.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5522 CONGRESSIONAL RECORD — SENATE June 11, 1997

(2) MODEL FOR SYSTEM.—The resident clas- ance, and all other costs not included in the larly subacute classifications), the Secretary sification system shall be modelled after the other 4 cost-of-service groupings. shall provide for a daily allowance for such RUG-III system and all updated versions of (5) The property cost center shall include equipment based upon the amortized value of that system, and shall be expanded into depreciation on the buildings and fixed such equipment over the life of the equip- subacute categories and costs of care. equipment, major movable equipment, motor ment. (3) REFLECTIVE OF CERTAIN TIME AND vehicles, land improvements, amortization (6) SELECTED RESIDENT CLASSIFICATIONS.— COSTS.—The resident classification system of leasehold improvements, lease acquisition For selected resident classifications (par- shall reflect of the necessary professional costs, capital leases, interest on capital in- ticularly subacute classifications) requiring and paraprofessional nursing staff time and debtedness, mortgage interest, lease costs, additional or specialized medical administra- costs required to address the care needs of and equipment rental expense. tive staff, the Secretary shall provide for a nursing facility residents. (b) PER DIEM RATE.—The Secretary shall daily allowance to cover these costs. (b) RELATIVE WEIGHT FOR EACH RESIDENT pay nursing facilities a prospective, facility- (7) DESIGNATION OF CERTAIN RESIDENT CLASS.— specific, per diem rate based on the sum of CLASSES.—The Secretary shall designate cer- (1) IN GENERAL.—The Secretary shall assign the per diem rates established for the nurs- tain resident classes, such as subacute resi- a relative weight for each resident class ing service, administrative and general, and dent classes, as requiring heavy care. An based on the relative value of the resources property cost centers. acuity payment of 3 percent of the facility- required for each resident class. If the Sec- (c) FACILITY-SPECIFIC PROSPECTIVE RATE.— specific nursing services price shall be added retary determines it to be appropriate, the The Secretary shall pay nursing facilities a to the facility-specific price for each resident assignment of relative weights for resident facility-specific prospective rate for each that the Secretary has designated as requir- classes shall be developed for each geo- unit of the fee-for-service ancillary services ing heavy care. graphic region as determined in accordance as determined in accordance with section 210 (8) PER DIEM RATE.—The per diem rate for with subsection (c). of this title. the nursing service cost center for each resi- (2) UTILIZATION OF MDSS.—In assigning the (d) REIMBURSEMENT FOR SELECTIVE ANCIL- dent in a resident class shall constitute the relative weights of the resident classes in a LARY SERVICES.—Nursing facilities shall be facility-specific price, plus the acuity pay- geographic region, the Secretary shall uti- reimbursed by the Secretary for selected an- ment where appropriate. lize information derived from the most re- cillary services and other costs on a retro- (9) PER DIEM RATE REBASED ANNUALLY.— cent MDSs of all the nursing facilities in a spective basis in accordance with section 211 The Secretary shall annually rebate the per geographic region. of this title. diem rate for the nursing service cost center, (3) RECALIBRATED EVERY 3 YEARS.—Every 3 including the facility-specific price and the years the Secretary shall recalibrate the rel- SEC. 207. RESIDENT ASSESSMENT. acuity payment. ative weights of the resident classes in each (a) IN GENERAL.—In order to be eligible for (10) PAYMENT.—To determine the payment geographic region based on any changes in payments under this title, a nursing facility amount to a nursing facility for the nursing the cost or amount of resources required for shall perform a resident assessment in ac- service cost center, the Secretary shall mul- the care of a resident in the resident class. cordance with section 1819(b)(3) of the Social tiply the per diem rate (including the acuity (c) GEOGRAPHIC REGIONS; PEER Security Act (42 U.S.C. 1395i–3(b)(3)) within payment) for a resident class by the number GROUPINGS.— 14 days of admission of the resident and at of resident days for each resident class based (1) GEOGRAPHIC REGIONS.—The Secretary such other times as required by that section. shall designate at least 3 geographic regions (b) RESIDENT CLASS.—The resident assess- on aggregated resident invoices which each for the total United States. Within each geo- ment shall be used to determine the resident nursing facility shall submit on a monthly graphic region, the Secretary shall take ap- class of each resident in the nursing facility basis. propriate account of variations in cost be- for purposes of determining the per diem (b) GEOGRAPHIC CEILING.— tween urban and rural areas. rate for the nursing service cost center in ac- (1) FACILITY UNIT VALUE.—The facility unit (2) PEER GROUPING.—The Secretary shall cordance with section 208 of this title. value identified in subsection (a)(3) shall be ensure that there are no peer grouping of SEC. 208. THE PER DIEM RATE FOR NURSING subjected to geographic ceilings established nursing facilities based on facility size or SERVICE COSTS. for the geographic regions designated by the whether the nursing facilities are hospital- (a) IN GENERAL.— Secretary in section 205 of this title. based or not. (1) NURSING SERVICE COST CENTER RATE.— (2) DETERMINATION.— SEC. 206. COST CENTERS FOR NURSING FACILITY The Secretary shall calculate the nursing (A) IN GENERAL.—The Secretary shall de- PAYMENT. service cost center rate using a prospective, termine the geographic ceiling by creating (a) PAYMENT RATES.—Consistent with the facility-specific per diem rate based on the an array of indexed facility unit values in a objectives described in section 202 of this nursing facility’s case-mix weight and nurs- geographic region from lowest to highest. title, the Secretary shall determine payment ing service costs during the base year. Based on this array, the Secretary shall rates for nursing facilities using the fol- (2) CASE-MIX WEIGHT.—For purposes of identify a fixed proportion between the in- lowing cost/service groupings: paragraph (1), the case-mix weight of a nurs- dexed facility unit value of the nursing facil- (1) The nursing service cost center shall in- ing facility shall be obtained by multiplying ity which contained the medianth resident clude salaries and wages for the Director of the number of resident days in each resident day in the array (except as provided in sub- Nursing, quality assurance nurses, registered class at a nursing facility during the base section (b)(4) of this section) and the indexed nurses, licensed practical nurses, nurse aides year by the relative weight assigned to each facility unit value of the nursing facility (including wages related to initial and ongo- resident class in the appropriate geographic which contained the 95th percentile resident ing nurse aid training and other ongoing or region. Once this calculation is performed day in that array during the first year of op- periodic training costs incurred by nursing for each resident class in the nursing facil- eration of the Prospective Payment System personnel), contract nursing, fringe benefits ity, the sum of these products shall con- for nursing facilities. The fixed proportion and payroll taxes associated therewith, med- stitute the case-mix weight for the nursing shall remain the same in subsequent years. ical records, and nursing supplies. facility. (B) SUBSEQUENT YEARS.—To obtain the geo- (2) The administrative and general cost (3) FACILITY NURSING UNIT VALUE.—A facil- graphic ceiling on the indexed facility unit center shall include all expenses (including ity nursing unit value for the nursing facil- value for nursing facilities in a geographic salaries, benefits, and other costs) related to ity for the base year shall be obtained by di- region in each subsequent year, the fixed administration, plant operation, mainte- viding the nursing service costs for the base proportion identified pursuant to subpara- nance and repair, housekeeping, dietary (ex- year, which shall be indexed forward from graph (A) shall be multiplied by the indexed cluding raw food), central services and sup- the midpoint of the base period to the mid- facility unit value of the nursing facility ply (excluding medical or nursing supplies), point of the rate period using the DRI which contained the medianth resident day laundry, and social services, excluding over- McGraw-Hill HCFA Nursing Home Without in the array of facility unit values for the ge- head allocations to ancillary services. Capital Market Basket, by the case-mix ographic region during the base year. (3) Ancillary services that are paid on a weight of the nursing facility for the base (3) EXCLUSIONS FROM DETERMINATION.—For fee-for-service basis shall include physical year. purposes of determining the geographic ceil- therapy, occupational therapy, speech ther- (4) FACILITY-SPECIFIC NURSING SERVICES ing for a nursing service cost center, the Sec- apy, respiratory therapy, and PRICE.—A facility-specific nursing services retary shall exclude low volume and new hyperalimentation. The fee-for-service ancil- price for each resident class shall be ob- nursing facilities (as defined in section 214 of lary service payments under part A of title tained my multiplying the lower of the in- this title). XVIII of the Social Security Act (42 U.S.C. dexed facility unit value of the nursing facil- (c) EXCEPTIONS TO GEOGRAPHIC CEILING.— 1395 et seq.) shall not affect the reimburse- ity during the base year or the geographic The Secretary shall establish by regulation ment of ancillary services under part B of ceiling, as determined in accordance with procedures for allowing exceptions to the ge- title XVIII of that Act (42 U.S.C. 1395j et subsection (b), by the relative weight of the ographic ceiling imposed on a nursing serv- seq.). resident class. ice cost center. The procedure shall permit (4) The cost center for selected ancillary (5) PATIENT CLASSIFICATIONS.—For patient exceptions based on the following factors: services and other costs shall include drugs, classifications associated with the use of (1) Local supply or labor shortages which raw food, IV therapy, x-ray services, labora- complex medical equipment and other spe- substantially increase costs to specific nurs- tory services, property tax, property insur- cialized, noncustomary equipment (particu- ing facilities.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5523

(2) Higher per resident day usage of con- equal to 1⁄2 of the difference between the me- dian cost of home construction in the region tract nursing personnel, if utilization of con- dian and Standard A. (as measured by RS Means). Such cost shall tract nursing personnel is warranted by local (B) Each nursing facility having indexed then be multiplied by the factor 1.2 to ac- circumstances and the provider has taken all costs which are below Standard A but are count for land and the value of movable reasonable measures to minimize contract equal to or exceed the median shall be as- equipment. The resulting value shall be in- personnel expense. signed a per diem rate equal to their indi- dexed each year using the RS Means Con- (3) Extraordinarily low proportion of dis- vidual indexed costs plus an ‘‘efficiency in- struction Cost Index. tinct part nursing facilities in a geographic centive’’ equal to 1⁄2 of the difference be- (2) AGE.— region resulting in a geographic ceiling that tween the nursing facility’s indexed costs (A) IN GENERAL.—The gross rental system unfairly restricts the reimbursement of dis- and Standard A. establishes a facility’s value based on its tinct part facilities. (C) Each nursing facility having indexed age. The older the facility, the less its value. (4) Regulatory changes that increase costs costs which are between Standard A and Additions, replacements, and renovations to only a subset of the nursing facility indus- Standard B shall be assigned a rate equal to shall be recognized by lowering the age of try. Standard A plus 1⁄2 of the difference between the facility and, thus, increasing the facili- (5) The offering of a new institutional the nursing facility’s indexed costs and ty’s value. Existing facilities, 1 year or older, health service or treatment program by a Standard A. shall be valued at the new bed value less 2 nursing facility (in order to account for ini- (D) Each nursing facility having indexed percent per year according to the ‘‘age’’ of tial startup costs). costs which exceed Standard B shall be as- the facility. Facilities shall not be depre- (6) Disproportionate usage of part-time signed a rate as if their costs equaled Stand- ciated to an amount less than 50 percent of employees, where adequate numbers of full- ard B. These nursing facilities shall be as- the new construction bed value. time employees cannot reasonably be ob- signed a per diem rate equal to Standard A (B) ADDITION OF BEDS.—The addition of tained. plus 1⁄2 of the difference between Standard A beds shall require a computation by the Sec- (7) Other cost producing factors specified and Standard B. retary of the weighted average age of the fa- by the Secretary in regulations that are spe- (E) For purposes of subparagraphs (A) cility based on the construction dates of the cific to a subset of facilities in a geographic through (D), the median represents the in- original facility and the additions. region (except case-mix variation). dexed administrative and general per diem (C) REPLACEMENT OF BEDS.—The replace- costs of a nursing facility that contains the ment of existing beds shall result in an ad- SEC. 209. THE PER DIEM RATE FOR ADMINISTRA- justment to the age of the facility. A weight- TIVE AND GENERAL COSTS. medianth resident day in the array of such costs during the base year in the geographic ed average age shall be calculated by the (a) IN GENERAL.— Secretary according to the year of initial (1) PAYMENT.—The Secretary shall make region. (b) REBASING.—Not less than annually, the construction and the year of bed replace- payments for the administrative and general ment. If a facility has a series of additions or cost center by using a facility-specific, pro- Secretary shall rebase the payment rates for administrative and general costs. replacements, the Secretary shall assume spective, per diem rate. that the oldest beds are the ones being re- (2) STANDARDS FOR PER DIEM RATE.—The SEC. 210. PAYMENT FOR FEE-FOR-SERVICE AN- placed when computing the average facility CILLARY SERVICES. Secretary shall assign a per diem rate to a age. (a) IN GENERAL.—The Secretary shall make nursing facility by applying 2 standards that (D) RENOVATIONS OR MAJOR IMPROVE- payments for the ancillary services described is calculated as follows: MENTS.—Renovations or major improve- (A) STANDARD A.—The Secretary shall de- in section 206(a)(3) on a prospective fee-for- ments shall be calculated by the Secretary termine a Standard A for each geographic re- service basis. as a bed replacement, except that the value gion by creating an array of indexed nursing (b) PAYMENT METHODOLOGY.—The Sec- of the bed prior to renovation shall be taken facility administrative and general per diem retary shall identify the fee for each of the into consideration. To qualify as a bed re- costs from lowest to highest. The Secretary fee-for-service ancillary services for a par- placement, the bed being renovated must be shall then identify a fixed proportion by di- ticular nursing facility by dividing the nurs- at least 10 years old and the renovation or viding the indexed administrative and gen- ing facility’s reasonable costs, including improvements cost must be equal to or eral per diem costs of the nursing facility overhead allocated through the cost finding greater than the difference between the ex- that contains the medianth resident day of process, of providing each particular service, isting bed value and the value of a new bed. the array (except as provided in subsection indexed forward using the DRI McGraw-Hill To determine the new adjusted facility age, (a)(4)) into the indexed administrative and HCFA Nursing Home Without Capital Mar- the number of renovated beds assigned a general per diem costs of the nursing facility ket Basket, by the units of the particular ‘‘new’’ age is determined by dividing the that contains the 75th percentile resident service provided by the nursing facility dur- total cost of renovation by the difference be- day in that array. Standard A for each base ing the cost year. tween the existing bed value and the value of year shall constitute the product of this (c) COMPUTATION PERIOD.—The fee for each the new bed. fixed proportion and the administrative and of the fee-for-service ancillary services shall (E) STARTUP OF GROSS RENTAL SYSTEM.—To general indexed per diem costs of the nursing be calculated by the Secretary under this start up the fair rental system, each facili- facility that contains the medianth resident title at least once a year for each facility ty’s bed values shall be determined by the day in the array of such costs during the and ancillary service. Secretary based on the age of the facility. base year. SEC. 211. REIMBURSEMENT OF SELECTED ANCIL- The determination shall include setting a (B) STANDARD B.—The Secretary shall de- LARY SERVICES AND OTHER COSTS. value for the original beds with adjustments termine a Standard B for each geographic re- (a) IN GENERAL.—Reimbursement of se- for any additions, bed replacements, and gion by using the same calculation as in sub- lected ancillary services and other costs major renovations. For determination of bed paragraph (A) except that the fixed propor- identified in section 206(a)(4) of this title values for use in determining the initial tion shall use the indexed administrative and shall be reimbursed by the Secretary on a rate, the procedures described above for de- general costs of the nursing facility con- retrospective basis as pass-through costs, in- termining the values of original beds, addi- taining the 85th percentile, rather than the cluding overhead allocated through the cost- tions, and replacements shall be used. 75th percentile, resident day in the array of finding process. (3) TOTAL CURRENT VALUE.—The Secretary such costs. (b) CHARGE-BASED INTERIM RATES.—The shall multiply the per bed value by the num- (3) GEOGRAPHIC REGIONS.—The Secretary Secretary shall set charge-based interim ber of beds in the facility to estimate the fa- shall use the geographic regions identified in rates for selected ancillary services and cility’s total current value. section 205(c) of this title for purposes of de- other costs for each nursing facility pro- (4) RENTAL FACTOR.—The Secretary shall termining Standards A and B. viding such services. Any overpayments or apply a rental factor to the facility’s total (4) EXCLUSION.—The Secretary shall ex- underpayments resulting from the difference current value to estimate its annual gross clude low volume and new nursing facilities between the interim and final settlement rental value. The Secretary shall determine (as defined in section 214 of this title) for rates shall be either refunded by the nursing the rental factor by using the Treasury Bond purposes of determining Standard A and facility or paid to the nursing facility fol- Composite Yield (greater than 10 years) as Standard B. lowing submission of a timely filed medicare published in the Federal Reserve Bulletin (5) PER DIEM RATE.—To determine a nurs- cost report. plus a risk premium. A risk premium in the ing facility’s per diem rate for the adminis- SEC. 212. PER DIEM PAYMENT FOR PROPERTY amount of 3 percentage points shall be added trative and general cost center, Standards A COSTS. to the Treasury Yield. The rental factor is and B shall be applied to a nursing facility’s (a) IN GENERAL.—The Secretary shall make multiplied by the facility’s total value, as administrative and general per diem costs, a per diem payment for property costs based determined in paragraph (3), to determine indexed forward using the DRI McGraw-Hill on a gross rental system. The amount of the the annual gross rental value. HCFA Nursing Home Without Capital Mar- payment shall be determined as follows: (5) PER DIEM PROPERTY PAYMENT.—The an- ket Basket, as follows: (1) BUILDING AND FIXED EQUIPMENT VALUE.— nual gross rental value shall be divided by (A) Each nursing facility having indexed In the case of a new facility in any geo- the Secretary by 90 percent of the facility’s costs which are below the median shall be as- graphic region, the cost for building and annual licensed bed days during the cost re- signed a rate equal to their individual in- fixed equipment used in determining the port period to arrive at the per diem prop- dexed costs plus an ‘‘efficiency incentive’’ gross rental shall be equivalent to the me- erty payment.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5524 CONGRESSIONAL RECORD — SENATE June 11, 1997

(6) PER RESIDENT DAY RENTAL RATE.—The medicare program under title XVIII of the ment rates will be based on the Prospective per resident day rental rate for a newly con- Social Security Act (42 U.S.C. 1395 et seq.). A Payment System under this title and 25 per- structed facility during its first year of oper- nursing facility that has operated for more cent based upon reasonable cost reimburse- ation shall be based on the total annual rent- than 3 years but has a change of ownership ment. al divided by the greater of 50 percent of shall not constitute a new facility. (4) For the fourth year that the provisions available resident days or actual annualized (c) OPTION FOR LOW VOLUME NURSING FA- of this title are in effect and for all subse- resident days up to 90 percent of annual li- CILITIES.—A Low volume nursing facility quent years, the payment rates will be based censed bed days during the first year of oper- shall have the option of submitting a cost re- solely on the Prospective Payment System ation. port to the Secretary to receive retrospec- under this title. (b) Facilities in operation prior to the ef- tive payment for all of the cost centers, SEC. 217. EFFECTIVE DATE; INCONSISTENT PRO- fective date of this Act shall receive the per other than the property cost center, or ac- VISIONS. resident day rental or actual costs, as deter- cepting a per diem rate which shall be based (a) EFFECTIVE DATE.—The provisions of mined in accordance with HCFA-Pub. 15, on the sum of— this title shall take effect on October 1, 1998. whichever is greater, except that a nursing (1) the median indexed resident day facil- (b) INCONSISTENT PROVISIONS.—The provi- facility shall be reimbursed the per resident ity unit value for the appropriate geographic sions contained in this title shall supersede day rental on and after the earliest of the region for the nursing service cost center any other provisions of title XVIII or XIX of following dates: during the base year as identified in section the Social Security Act (42 U.S.C. 1395 et seq. (1) the date upon which the nursing facility 208(b)(2) of this title; 1396 et seq.) which are inconsistent with such changes ownership; (2) the median indexed resident day admin- provisions. (2) the date the nursing facility accepts the istrative and general per diem costs of all TITLE III—ADDITIONAL MEDICARE per resident day rental; or nursing facilities in the appropriate geo- PROVISIONS (3) the date of the renegotiation of the graphic region as identified in section SEC. 301. ELIMINATION OF FORMULA-DRIVEN lease for the land or buildings, not including 209(a)(5)(E) of this title; OVERPAYMENTS FOR CERTAIN OUT- the exercise of optional extensions specifi- (3) the median indexed resident day costs PATIENT HOSPITAL SERVICES. cally included in the original lease agree- per unit of service for fee-for-service ancil- (a) AMBULATORY SURGICAL CENTER PROCE- ment or valid extensions thereof. lary services obtained using the cost infor- DURES.—Section 1833(i)(3)(B)(i)(II) of the So- SEC. 213. MID-YEAR RATE ADJUSTMENTS. mation from the nursing facilities in the ap- cial Security Act (42 U.S.C. (a) MID-YEAR ADJUSTMENTS.—The Sec- propriate geographic region during the base 1395l(i)(3)(B)(i)(II)) is amended— retary shall establish by regulation a proce- year, excluding low volume and new nursing (1) by striking ‘‘of 80 percent’’; and dure for granting mid-year rate adjustments facilities, and based on an array of such (2) by striking the period at the end and in- for the nursing service, administrative and costs from lowest to highest; and serting the following: ‘‘, less the amount a general, and fee-for-service ancillary services (4) the median indexed resident day per provider may charge as described in clause cost centers. diem costs for selected ancillary services and (ii) of section 1866(a)(2)(A).’’. (b) INDUSTRY-WIDE BASIS.—The mid-year other costs obtained using information from (b) RADIOLOGY SERVICES AND DIAGNOSTIC rate adjustment procedure shall require the the nursing facilities in the appropriate geo- PROCEDURES.—Section 1833(n)(1)(B)(i)(II) of Secretary to grant adjustments on an indus- graphic region during the base year, exclud- the Social Security Act (42 U.S.C. try-wide basis, without the need for nursing ing low volume and new nursing facilities, 1395l(n)(1)(B)(i)(II)) is amended— facilities to apply for such adjustments, and based on an array of such costs from (1) by striking ‘‘of 80 percent’’; and based on the following circumstances: lowest to highest. (2) by striking the period at the end and in- (1) Statutory or regulatory changes affect- (d) OPTION FOR NEW NURSING FACILITIES.— serting the following: ‘‘, less the amount a ing nursing facilities. New nursing facilities shall have the option provider may charge as described in clause (2) Changes to the Federal minimum wage. of being paid by the Secretary on a retro- (ii) of section 1866(a)(2)(A).’’. (3) General labor shortages with high re- spective cost pass-through basis for all costs (c) EFFECTIVE DATE.—The amendments gional wage impacts. centers, or in accordance with subsection (c). made by this section shall apply to services (c) APPLICATION FOR ADJUSTMENT.—The SEC. 215. APPEAL PROCEDURES. furnished during portions of cost reporting mid-year rate adjustment procedure shall (a) IN GENERAL.— periods occurring on or after July 1, 1997. permit specific facilities or groups of facili- (1) APPEAL.—Any person or legal entity ag- SEC. 302. PERMANENT EXTENSION OF CERTAIN ties to apply to the Secretary for an adjust- grieved by a decision of the Secretary under SECONDARY PAYER PROVISIONS. ment based on the following factors: this title, and which results in an amount in (a) WORKING DISABLED.—Section (1) Local labor shortages. controversy of $10,000 or more, shall have the 1862(b)(1)(B) of the Social Security Act (42 (2) Regulatory changes that apply to only right to appeal such decision directly to the U.S.C. 1395y(b)(1)(B)) is amended by striking a subset of the nursing facility industry. Provider Reimbursement Review Board (in clause (iii). (3) Economic conditions created by natural this section referred to as ‘‘the Board’’) au- (b) INDIVIDUALS WITH END STAGE RENAL disasters or other events outside of the con- thorized under section 1878 of the Social Se- DISEASE.—Section 1862(b)(1)(C) of the Social trol of the provider. curity Act (42 U.S.C. 1395oo). Security Act (42 U.S.C. 1395y(b)(1)(C)) is (4) Other cost producing factors, except (2) AMOUNT IN CONTROVERSY.—The $10,000 amended— case-mix variation, to be specified by the amount in controversy referred to in para- (1) in the first sentence, by striking ‘‘12- Secretary in regulations. graph (1) shall be computed in accordance month’’ each place it appears and inserting (d) REQUIREMENTS FOR APPLICATION FOR with 42 C.F.R. 405.1839. ‘‘18-month’’, and ADJUSTMENT.— (b) HEARINGS.—Any appeals to and any (2) by striking the second sentence. (1) IN GENERAL.—A nursing facility which hearings before the Board under this title (c) IRS-SSA-HCFA DATA MATCH.— applies for a mid-year rate adjustment pur- shall follow the procedures under section (1) SOCIAL SECURITY ACT.—Section suant to this section shall be required to 1878 of the Social Security Act (42 U.S.C. 1862(b)(5)(C) of the Social Security Act (42 show that the adjustment will result in a 1395oo) and the regulations contained in (42 U.S.C. 1395y(b)(5)(C)) is amended by striking greater than 2 percent deviation in the per C.F.R. 405.1841–1889), except to the extent clause (iii). diem rate for any individual cost service cen- that they conflict with, or are inapplicable (2) INTERNAL REVENUE CODE.—Section ter or a deviation of greater than $5,000 in on account of, any other provision of this 6103(l)(12) of the Internal Revenue Code of the total projected and indexed costs for the title. 1986 is amended by striking subparagraph rate year, whichever is less. SEC. 216. TRANSITION PERIOD. (F). (2) COST EXPERIENCE DATA.—A nursing fa- The Prospective Payment System de- SEC. 303. FINANCING AND QUALITY MODERNIZA- cility application for a mid-year rate adjust- scribed in this title shall be phased in over a TION AND REFORM. ment must be accompanied by recent cost 3 year period using the following blended (a) PAYMENTS TO HEALTH MAINTENANCE OR- experience data and budget projections. rate: GANIZATIONS AND COMPETITIVE MEDICAL SEC. 214. EXCEPTION TO PAYMENT METHODS (1) For the first year that the provisions of PLANS.—Section 1876(a) of the Social Secu- FOR NEW AND LOW VOLUME NURS- this title are in effect, 25 percent of the pay- rity Act (42 U.S.C. 1395mm(a)) is amended to ING FACILITIES. ment rates will be based on the Prospective read as follows: (a) DEFINITION OF LOW VOLUME NURSING Payment System under this title and 75 per- ‘‘(a)(1)(A) The Secretary shall annually de- FACILITY.—In this title, the term ‘‘low vol- cent will remain based upon reasonable cost termine, and shall announce (in a manner in- ume nursing facility’’ means a nursing facil- reimbursement. tended to provide notice to interested par- ity having fewer than 2,500 medicare part A (2) For the second year that the provisions ties) not later than October 1 before the cal- resident days per year. of this title are in effect, 50 percent of the endar year concerned— (b) DEFINITION OF NEW NURSING FACILITY.— payment rates will be based on the Prospec- ‘‘(i) a per capita rate of payment for indi- In this title, the term ‘‘new nursing facility’’ tive Payment System under this title and 50 viduals who are enrolled under this section means a newly constructed, licensed, and percent based upon reasonable cost reim- with an eligible organization which has en- certified nursing facility or a nursing facil- bursement. tered into a risk-sharing contract and who ity that is in its first 3 years of operation as (3) For the third year that the provisions of are entitled to benefits under part A and en- a provider of services under part A of the this title are in effect, 75 percent of the pay- rolled under part B, and

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5525 ‘‘(ii) a per capita rate of payment for indi- to be made in the methodology or benefit and Deficit Reduction Act of 1997), increased viduals who are so enrolled with such an or- coverage assumptions from the methodology by the national average per capita growth ganization and who are enrolled under part B and assumptions used in the previous an- percentage for 1998 (as defined in subpara- only. nouncement and shall provide such organiza- graph (F)); or For purposes of this section, the term ‘risk- tions an opportunity to comment on such ‘‘(ii) for a subsequent year, is the area-spe- sharing contract’ means a contract entered proposed changes. cific adjusted average per capita cost for the into under subsection (g) and the term ‘rea- ‘‘(ii) In each announcement made under previous year determined under this sub- sonable cost reimbursement contract’ means subparagraph (A), the Secretary shall in- paragraph for the medicare payment area, a contract entered into under subsection (h). clude an explanation of the assumptions (in- increased by the national average per capita ‘‘(B)(i) The annual per capita rate of pay- cluding any benefit coverage assumptions) growth percentage for such subsequent year. ment for each medicare payment area (as de- and changes in methodology used in the an- ‘‘(D)(i) For purposes of subparagraph (A)(i), fined in paragraph (5)) shall be equal to 95 nouncement in sufficient detail so that eligi- the input-price-adjusted national adjusted average per capita cost for a medicare pay- percent of the adjusted average per capita ble organizations can compute per capita ment area for a year is equal to the sum, for cost (as defined in paragraph (4)), adjusted by rates of payment for individuals located in all the types of medicare services (as classi- the Secretary for— each county (or equivalent medicare pay- fied by the Secretary), of the product (for ‘‘(I) individuals who are enrolled under this ment area) which is in whole or in part with- in the service area of such an organization. each such type of service) of— section with an eligible organization which ‘‘(I) the national standardized adjusted av- has entered into a risk-sharing contract and ‘‘(2) With respect to any eligible organiza- tion that has entered into a reasonable cost erage per capita cost (determined under who are enrolled under part B only; and clause (ii)) for the year, ‘‘(II) such risk factors as age, disability reimbursement contract, payments shall be made to such plan in accordance with sub- ‘‘(II) the proportion of such rate for the status, gender, institutional status, and such year which is attributable to such type of other factors as the Secretary determines to section (h)(2) rather than paragraph (1). ‘‘(3) Subject to subsection (c) (2)(B)(ii) and services, and be appropriate so as to ensure actuarial ‘‘(III) an index that reflects (for that year (7), payments under a contract to an eligible equivalence. and that type of services) the relative input organization under paragraph (1) or (2) shall The Secretary may add to, modify, or sub- price of such services in the area compared be instead of the amounts that (in the ab- stitute for such factors, if such changes will to the national average input price of such sence of the contract) would be otherwise improve the determination of actuarial services. equivalence. payable, pursuant to sections 1814(b) and 1833(a), for services furnished by or through In applying subclause (III), the Secretary ‘‘(ii) The Secretary shall reduce the annual shall, subject to clause (iii), apply those indi- per capita rate of payment by a uniform per- the organization to individuals enrolled with the organization under this section. ces under this title that are used in applying centage (determined by the Secretary for a (or updating) national payment rates for spe- year, subject to adjustment under subpara- ‘‘(4)(A) For purposes of this section, the ‘adjusted average per capita cost’ for a medi- cific areas and localities. graph (G)(v)) so that the total reduction is ‘‘(ii) In clause (i)(I), the ‘national standard- care payment area (as defined in paragraph estimated to equal the amount to be paid ized adjusted average per capita cost’ for a under subparagraph (G). (5)) is equal to the greatest of the following: year is equal to— ‘‘(C) In the case of an eligible organization ‘‘(i) The sum of— ‘‘(I) the sum (for all medicare payment with a risk-sharing contract, the Secretary ‘‘(I) the area-specific percentage for the areas) of the product of (aa) the area-specific shall make monthly payments in advance year (as specified under subparagraph (B) for adjusted average per capita cost for that and in accordance with the rate determined the year) of the area-specific adjusted aver- year for the area under subparagraph (C), under subparagraph (B) and except as pro- age per capita cost for the year for the medi- and (bb) the average number of medicare vided in subsection (g)(2), to the organization care payment area, as determined under sub- beneficiaries residing in that area in the for each individual enrolled with the organi- paragraph (C), and year; divided by zation under this section. ‘‘(II) the national percentage (as specified ‘‘(II) the total average number of medicare ‘‘(D) The Secretary shall establish a sepa- under subparagraph (B) for the year) of the beneficiaries residing in all the medicare rate rate of payment to an eligible organiza- input-price-adjusted national adjusted aver- payment areas for that year. tion with respect to any individual deter- age per capita cost for the year, as deter- ‘‘(iii) In applying this subparagraph for mined to have end-stage renal disease and mined under subparagraph (D), 1998— enrolled with the organization. Such rate of multiplied by a budget neutrality adjust- ‘‘(I) medicare services shall be divided into payment shall be actuarially equivalent to ment factor determined under subparagraph 2 types of services: part A services and part rates paid to other enrollees in the payment (E). B services; area (or such other area as specified by the ‘‘(ii) An amount equal to— ‘‘(II) the proportions described in clause Secretary). ‘‘(I) in the case of 1998, 85 percent of the av- (i)(II) for such types of services shall be— ‘‘(E)(i) The amount of payment under this erage annual per capita cost under parts A ‘‘(aa) for part A services, the ratio (ex- paragraph may be retroactively adjusted to and B of this title for 1997; pressed as a percentage) of the average an- take into account any difference between the ‘‘(II) in the case of 1999, 85 percent of the nual per capita rate of payment for the area actual number of individuals enrolled in the average annual per capita cost under parts A for part A for 1997 to the total average an- plan under this section and the number of and B of this title for 1998; and nual per capita rate of payment for the area such individuals estimated to be so enrolled ‘‘(III) in the case of a succeeding year, the for parts A and B for 1997, and in determining the amount of the advance amount specified in this clause for the pre- ‘‘(bb) for part B services, 100 percent minus payment. ceding year increased by the national aver- the ratio described in item (aa); ‘‘(ii)(I) Subject to subclause (II), the Sec- age per capita growth percentage specified ‘‘(III) for part A services, 70 percent of pay- retary may make retroactive adjustments under subparagraph (F) for that succeeding ments attributable to such services shall be under clause (i) to take into account individ- year. adjusted by the index used under section uals enrolled during the period beginning on ‘‘(B) For purposes of subparagraph (A)(i)— 1886(d)(3)(E) to adjust payment rates for rel- the date on that the individual enrolls with ‘‘(i) for 1998, the ‘area-specific percentage’ ative hospital wage levels for hospitals lo- an eligible organization (that has a risk- is 75 percent and the ‘national percentage’ is cated in the payment area involved; sharing contract under this section) under a 25 percent, ‘‘(IV) for part B services— health benefit plan operated, sponsored, or ‘‘(ii) for 1999, the ‘area-specific percentage’ ‘‘(aa) 66 percent of payments attributable contributed to by the individual’s employer is 60 percent and the ‘national percentage’ is to such services shall be adjusted by the or former employer (or the employer or 40 percent, index of the geographic area factors under former employer of the individual’s spouse) ‘‘(iii) for 2000, the ‘area-specific percentage’ section 1848(e) used to adjust payment rates and ending on the date on which the indi- is 40 percent and the ‘national percentage’ is for physicians’ services furnished in the pay- vidual is enrolled in the plan under this sec- 60 percent, ment area, and tion, except that for purposes of making ‘‘(iv) for 2001, the ‘area-specific percentage’ ‘‘(bb) of the remaining 34 percent of the such retroactive adjustments under this is 25 percent and the ‘national percentage’ is amount of such payments, 70 percent shall be clause, such period may not exceed 90 days. 75 percent, and adjusted by the index described in subclause ‘‘(II) No adjustment may be made under ‘‘(v) for 2002 and each subsequent year, the (III); and subclause (I) with respect to any individual ‘area-specific percentage’ is 10 percent and ‘‘(V) the index values shall be computed who does not certify that the organization the ‘national percentage’ is 90 percent. based only on the beneficiary population who provided the individual with the explanation ‘‘(C) For purposes of subparagraph (A)(i), are 65 years of age or older and are not deter- described in subsection (c)(3)(E) at the time the area-specific adjusted average per capita mined to have end-stage renal disease. the individual enrolled with the organiza- cost for a medicare payment area— The Secretary may continue to apply the tion. ‘‘(i) for 1998, is the annual per capita rate rules described in this clause (or similar ‘‘(F)(i) At least 45 days before making the of payment for 1997 for the medicare pay- rules) for 1999. announcement under subparagraph (A) for a ment area (determined under this sub- ‘‘(E) For each year, the Secretary shall year, the Secretary shall provide for notice section, as in effect the day before the date compute a budget neutrality adjustment fac- to eligible organizations of proposed changes of enactment of the Long-Term Care Reform tor so that the aggregate of the payments

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5526 CONGRESSIONAL RECORD — SENATE June 11, 1997 under this section shall not exceed the ag- care, personal assistance, and case manage- Oregon; to the Committee on Energy gregate payments that would have been ment services. Beyond that, States may also and Natural Resources. made under this section if the area-specific offer any other service that would help keep percentage for the year had been 100 percent a disabled individual at home or in the com- THE WARNER CANYON SKI HILL LAND EXCHANGE and the national percentage had been 0 per- munity. (Such services might include home- ACT OF 1997 cent. maker services, home modifications, respite, ‘‘(F) In this section, the ‘national average Mr. WYDEN. Mr. President, I am assistive devices, adult day care, habili- pleased to introduce legislation au- per capita growth percentage’ for a year is tation/rehabilitation, supported employ- equal to the Secretary’s estimate (after con- ment, home health care, etc.) thorizing an exchange of lands between sultation with the Secretary of the Treas- the U.S. Forest Service, the U.S. Fish ury) of the 3-year average (ending with the Financing States choosing to participate in the pro- and Wildlife Service, and Lake County, year involved) of the annual rate of growth OR. I believe that this exchange in the national average wage index (as de- gram would receive capped grants, and would fined in section 209(k)(1)) for each year in the match the Federal funding with State fund- project is a win-win proposition for period. ing. The State match rate would be 15% both the Federal Government and Lake ‘‘(5)(A) In this section the term ‘medicare lower than their current Medicaid State County. payment area’ means a county, or equivalent match rate. area specified by the Secretary. States would be allowed to charge copay- Under my bill, the U.S. Forest Serv- ‘‘(B) In the case of individuals who are de- ments and establish deductibles for services ice will deed about 290 acres of national termined to have end-stage renal disease, the based on income, except that no such pay- forest land, comprising the Warner medicare payment area shall be each State. ments could be charged to individuals with Canyon ski hill, to Lake County. In ex- ‘‘(6) The payment to an eligible organiza- income below 150% of poverty. change, Lake County will deed roughly tion under this section for individuals en- Total grant funding of the Federal share of rolled under this section with the organiza- 320 acres of land within the Hart Moun- the long-term care grants would be $3.75 bil- tain National Antelope Refuge to the tion and entitled to benefits under part A lion over 5 years, and $20.5 billion over 10 and enrolled under part B shall be made from years. Federal Government. The refuge is the Federal Hospital Insurance Trust Fund In addition to the specific grants outlined managed by the U.S. Fish and Wildlife and the Federal Supplementary Medical In- in the new version, the measure also includes Service. surance Trust Fund. The portion of that pay- a directive to the Secretary of HHS to sub- The specific acreage offered by the ment to the organization for a month to be mit a proposal to Congress whereby States paid by each trust fund shall be determined county will be determined upon a spe- can retain 75% of the Federal Medicaid long- as follows: term care savings they achieve through this cific appraisal of all the lands in order ‘‘(A) In regard to expenditures by eligible program (e.g., reduced institutional utiliza- to provide for an equal value land organizations having risk-sharing contracts, tion). trade. the allocation shall be determined each year by the Secretary based on the relative Offsetting Savings While there is a commonly held no- weight that benefits from each fund con- Extend Medicare Secondary Payer Pro- tion that western ski areas resemble tribute to the adjusted average per capita gram—savings of $7.2 billion over 5 years, Oregon’s Mt. Bachelor or Colorado’s cost. and $18.1 billion over 10 years. Vail, the fact is that there are many ‘‘(B) In regard to expenditures by eligible Eliminate Formula-Driven Overpay- dozens of very small, financially mar- ments—savings of $9.1 billion over 5 years, organizations operating under a reasonable ginal ski hills in the backyards of cost reimbursement contract, the initial al- and $30.1 billion over 10 years. Establish Prospective Payment System for many small western towns. Warner location shall be based on the plan’s most re- Skilled Nursing Facilities—savings of $7.7 Canyon is one of them. cent budget, such allocation to be adjusted, billion over 5 years, and $24.5 billion over 10 as needed, after cost settlement to reflect The Warner Canyon ski hill has been years. the distribution of actual expenditures. Reform Medicare HMO Reimbursement operated by the nonprofit Fremont The remainder of that payment shall be paid Formula—savings of $10.1 billion over 5 Highlanders Ski Club since 1938. It’s by the former trust fund. years, and $93.5 billion over 10 years. one of America’s last nonprofit ski ‘‘(7) Subject to paragraphs (2)(B)(ii) and (7) Total offsets: $34.1 billion over 5 years, and hills. It has one lift—a T bar. It has 780 of subsection (c), if an individual is enrolled $166.2 billion over 10 years. under this section with an eligible organiza- vertical feet of skiing. The ski area is Net deficit reduction: $30.4 billion over 5 about 5 miles from the town of tion having a risk-sharing contract, only the years, and $145.7 billion over 10 years. eligible organization shall be entitled to re- Lakeview, which has a population of ceive payments from the Secretary under By Mr. GORTON: roughly 2,500. this title for services furnished to the indi- S. 880. A bill to authorize the Sec- The people of Lakeview believe that vidual.’’. (b) EFFECTIVE DATE.—The amendment retary of Transportation to issue a cer- this legislation is necessary to keep made by this section takes effect on October tificate of documentation with appro- the ski area viable. The Federal re- 1, 1997. priate endorsement for employment in quirements for managing ski areas are the coastwise trade for the vessel more in tune with the Vails than the SUMMARY OF FEINGOLD LONG-TERM CARE Dusken IV; to the Committee on Com- REFORM BILL Warner Canyons. I’m told that under LONG-TERM CARE SERVICES merce, Science, and Transportation. county ownership the liability expense Overall JONES ACT WAIVER alone should be reduced tenfold. The This proposal would give States incentives Mr. GORTON. Mr. President, I ask forest supervisor tells us that it costs to provide home and community-based long- unanimous consent that S. 880 be print- the Forest Service about $10,000 per term care services through a voluntary, ed in the RECORD. year to administer the ski area permit, capped grant for severely disabled persons, There being no objection, the bill was yet the area generates just more than regardless of age or income. No entitlement ordered to be printed in the RECORD, as $400 per year in ski fee revenues to the to individuals would be created. States follows: U.S. Treasury. would be given greater flexibility and an en- hanced federal match relative to the current S. 880 I also want to emphasize the benefits Medicaid program. Be it enacted by the Senate and House of Rep- of this bill to the Hart Mountain Ante- Eligibility resentatives of the United States of America in lope Refuge. As my colleagues well un- Those meeting any of the following cri- Congress assembled, That notwithstanding derstand, too many of our national sections 12106 and 12108 of title 46, United teria would be eligible for the program: wildlife refuges contain private land Individuals requiring assistance, super- States Code, and section 27 of the Merchant vision or cuing with three or more activities Marine Act, 1920 (46 U.S.C. App. 883), as ap- inholdings over which the Federal Gov- of daily living. plicable on the date of enactment of this ernment has essentially no control. Individuals with severe mental retarda- Act, the Secretary of Transportation may These lands can be sold or developed at tion. issue a certificate of documentation with ap- any time. If Lake County were ever Individuals with severe cognitive or men- propriate endorsement for employment in strapped for cash, it would certainly be tal impairment. the coastwise trade for the vessel Dusken IV Children under 6, with severe disabilities. their prerogative to sell these parcels In addition, States could set aside funds (United States official Number 952645). to the highest bidder. With this acqui- for individuals who may not meet any one of By Mr. WYDEN (for himself and sition we move closer to the permanent the above criteria, but who have a disability protection of this important Oregon of comparable level of severity. Mr. SMITH of Oregon): wildlife refuge. Services S. 881. A bill to provide for a land ex- States participating in the program would change involving the Warner Canyon I am pleased to be joined in this ef- be required to provide assessment, plan of Ski Area and other land in the State of fort by Senator GORDON SMITH.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5527 At this time, Mr. President, I ask tion of the Warner Canyon Ski Hill with all snow conditions. Thanks to Collins McDon- unanimous consent to be printed in the encumbrance. ald Trust Fund, as well as other generous RECORD the bill and my statement, a Lake County offers 320+-acres of land in Lake County businesses and citizens, we document from the Lake County Board the Hart Mountain National Antelope Refuge have been able to financially survive. as the mechanism to equalize the value for Three years ago the chamber received a of Commissioners entitled ‘‘Reasons to the Federal Government. grant to promote winter recreation in Lake support Warner Canyon Ski Hill Own- Lake County desires to have the proposal County. The success of Warner Canyon Ski ership Transfer,’’ and letters of support completed by November 1, 1997 to allow this Area is an important component to that pro- from the Fremont Highlanders Ski winter season to come under our ownership. motion, which impacts the local economy Club, Inc., and the Lake County Cham- The exchange will benefit the U.S. Forest during the usual slow months. ber of Commerce. Service, Fremont National Forest by remov- We are very supportive of this trade and There being no objection, the items ing management costs that exceed return look forward to many successful ski seasons were ordered to be printed in the generated by the Special Use Permit to the in the future. Fremont Highlanders. RECORD, as follows: Sincerely, U.S. Fish and Wildlife Service benefits by BARB GOVER, S. 881 having ownership of 320+-acres of inholdings Director, Lake County Chamber of Commerce. Be it enacted by the Senate and House of Rep- within the existing refuge boundary. (Lake resentatives of the United States of America in County owns additional land within the ref- By Mrs. BOXER: Congress assembled, uge that can be sued to facilitate this pro- S. 882. A bill to improve academic SECTION 1. SHORT TITLE. posal if necessary.) and social outcomes for students by This Act may be cited as the ‘‘Warner Can- The Fremont Highlanders Ski Club, oper- yon Ski Hill Land Exchange Act of 1997’’. ator of the ski area, benefits from lower cost providing productive activities during SEC. 2. LAND EXCHANGE INVOLVING WARNER of liability insurance, no cost operating per- after school hours; to the Committee CANYON SKI AREA AND OTHER LAND mit and possible supplemental funding from on Labor and Human Resources. IN OREGON. special county recreation funds. THE AFTER SCHOOL EDUCATION AND SAFETY ACT (a) AUTHORIZATION OF EXCHANGE.—If title The Lakeview community benefits from OF 1997 acceptable to the Secretary for non-Federal the long term stable operation of the ski hill Mrs. BOXER. Mr. President, I rise to land described in subsection (b) is conveyed to provide family winter recreation opportu- to the United States, the Secretary of Agri- introduce the After School Education nities, facilities for high school ski race and Safety Act of 1997. This bill creates culture shall convey to Lake County, Or- team, part time seasonal employment oppor- egon, subject to valid existing rights of tunities during high unemployment periods. after school enrichment programs for record, all right, title, and interest of the Lake County acquires a parcel of land that kindergarten, elementary, and sec- United States in and to a parcel of Federal is adjacent to an existing 40 acres of county ondary school-aged students. Today’s land consisting of approximately 295 acres land over which the ski lift crosses. This is youth face far greater social risks than within the Warner Canyon Ski Area of the an opportunity for the county do dem- did their parents and grandparents. Ac- Freemont National Forest, as generally de- onstrate its desire to support the recreation picted on the map entitled ‘‘Warner Canyon cording to the Federal Bureau of Inves- and tourism industry and possibly enhance tigation, youth between the ages of 12 Ski Hill Land Exchange’’, dated June 1997. and expand winter recreation potential. The (b) NON-FEDERAL LAND.—The non-Federal county receives R.V. registration fee rebates and 17 are most at risk of committing land referred to in subsection (a) consists from the State of Oregon for use at county violent acts and being victims of vio- of— owned park or recreation areas. The Warner lent crimes between 3 p.m. and 6 p.m.— (1) approximately 320 acres within the Hart Canyon Ski area will be eligible for supple- a time when they are not in school. Mountain National Wildlife Refugee, as gen- mental funding from these funds. My bill will help schools expand their erally depicted on the map referred to in sub- ROBERT M. PARDUE, Chairman. section (a); and capacity to address the needs of school- (2) such other parcels of land owned by aged children between these critical Lake County, Oregon, within the Refuge as FREMONT HIGHLANDERS SKI CLUB, INC., hours. Since juvenile crime peeks at are necessary to ensure that the values of Lakeview, OR, June 5, 1997. the close of the schoolday—we need to the Federal land and non-Federal land to be CHARLES GRAHAM, Forest Supervisor, U.S. Forest Service, Lake give children a safe and supervised exchanged under this section are approxi- place where they can use those hours mately equal in value, as determined by ap- County Commissioners. praisals. DEAR MR. GRAHAM AND LAKE COUNTY COM- to their best advantage. Education is a (c) ACCEPTABLE TITLE.—Title to the non- MISSIONERS: The Fremont Highlanders Ski key component of success. This bill Federal land conveyed to the United States Club is in full support of the land trade in- seeks to increase the academic success under subsection (a) shall be such title as is volving Warner Canyon Ski Area between of students while working to improve acceptable to the Secretary of the Interior, Lake County, the U.S. Forest Service and their intellectual, social, physical, and the U.S. Fish and Wildlife Service. Warner in conformance with title approval standards cultural skills. For older students, pro- applicable to Federal land acquisitions. Canyon Ski Area is one of the few remaining (d) VALID EXISTING RIGHTS.—The convey- non-profit ski areas in the United States. grams will be available to prepare ance shall be subject to such valid existing The Fremont Highlanders have operated this them for work force participation. rights of record as may be acceptable to the ski area for over 50 years. However, increas- Schools receiving grants under the Secretary of the Interior. ing regulations, fees, and insurance costs act must provide at least two of the (e) APPLICABILITY OF OTHER LAWS.—Except have severely impacted our ability to oper- following programs: Mentoring, aca- as otherwise provided in this section, the ate. We believe the land trade will reduce our demic assistance, recreational activi- Secretary of the Interior shall process the costs of operating our ski area and will allow ties, or technology training. It is crit- land exchange authorized by this section in us to better serve our communities rec- ical that we work with our Nation’s the manner provided in subpart 2200 of title reational interests. 43, Code of Federal Regulations (as in effect Sincerely, children during their school years to on the date of enactment of this Act). MICHAEL SABIN, create strong foundations in aca- (f) MAP.—The map referred to in subsection President. demics, technology, and other fields (a) shall be on file and available for inspec- which will carry them into adulthood. tion in one or more local offices of the De- LAKE COUNTY, Schools will be able to work within partment of the Interior and the Department CHAMBER OF COMMERCE, their communities to design programs of Agriculture. Lakeview, OR, June 6, 1997. (g) ADDITIONAL TERMS AND CONDITIONS.— that meet the needs of the area. Activi- BOB PARDUE, ties authorized by the bill are to take The Secretary of the Interior or the Sec- Chairman, Lake County Commissioners, retary of Agriculture may require such addi- Courthouse, Lakeview, OR. place in a school building or another tional terms and conditions in connection DEAR BOB. On behalf of the Lake County public facility designated by the with the conveyances under this section as Chamber of Commerce Board of Directors, school. either Secretary considers appropriate to we would like to congratulate you on your Mr. President, the best investment protect the interests of the United States. recent decision to make a land trade with we can make in this country is in our the Fremont National Forest, regarding the LAKE COUNTY BOARD OF COMMISSIONERS children. I urge my colleagues to re- Warner Canyon Ski Area. view this legislation and join me in Robert M. Pardue, Chairman; Jane O’Keeffe, Maintaining the level of operation, to pro- Kathleen Collins vide a quality skiing experience for rec- making after school a safe time for our REASONS TO SUPPORT WARNER CANYON SKI HILL reational skiers in Southeast Oregon, has Nation’s children. OWNERSHIP TRANSFER been a difficult challenge for the Fremont I ask unanimous consent that the Lake County agrees to accept the owner- Highlanders Ski Club. Liability Insurance text of the legislation be included in ship of 280+-acres of land which is the loca- has been a real obstacle, as well as sporadic the RECORD.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5528 CONGRESSIONAL RECORD — SENATE June 11, 1997 There being no objection, the bill was (d) LOCATION.—A school shall carry out the pensions, and individual saving—are ordered to be printed in the RECORD, as activities described in subsection (a) in a saving an adequate amount for 21st follows: school building or other public facility des- century retirement needs. Social Secu- ignated by the school. rity is not really a savings program at S. 882 (e) ADMINISTRATION.—In carrying out the Be it enacted by the Senate and House of Rep- activities described in subsection (a), a all, but is rather funded on a pay-as- resentatives of the United States of America in school is encouraged— you-go basis, the surplus loaned to the Congress assembled, (1) to request volunteers from the business Government, to be paid back from gen- SECTION 1. SHORT TITLE. and academic communities to serve as men- eral revenues at a future date. Em- This Act may be cited as the ‘‘After School tors or to assist in other ways; ployer-provided pensions only reach Education and Safety Act of 1997’’. (2) to request donations of computer equip- half of the working population, and SEC. 2. PURPOSE. ment; and there are problems of underfunding fac- The purpose of this Act is to improve aca- (3) to work with State and local park and ing even the portion that are covered. demic and social outcomes for students by recreation agencies so that activities that And, as a general rule, only a few providing productive activities during after are described in subsection (a) and carried Americans are putting away sufficient school hours. out prior to the date of enactment of this Act are not duplicated by activities assisted saving on their own initiative to meet SEC. 3. FINDINGS. under this Act. their future retirement income needs. Congress makes the following findings: SEC. 8 APPLICATIONS. I would like to take a few moments (1) Today’s youth face far greater social to describe the current details with re- risks than did their parents and grand- Each school desiring a grant under this Act shall submit an application to the Sec- spect to retirement income in America, parents. and then how our package addresses (2) Students spend more of their waking retary at such time, in such manner, and ac- hours alone, without supervision, compan- companied by such information as the Sec- those needs. Only then, I believe, can ionship, or activity than the students spend retary may require. Each such application my colleagues fully appreciate the in school. shall— quality and importance of the policy (3) Law enforcement statistics show that (1) identify how the goals set forth in sec- recommendations that we are making. youth who are ages 12 through 17 are most at tion 4 shall be met by the activities assisted The typical retired American today risk of committing violent acts and being under this Act; receives retirement income from a va- (2) provide evidence of collaborative efforts victims of violent acts between 3 p.m. and 6 by students, parents, teachers, site adminis- riety of sources. On average, 41.7 per- p.m. cent comes from Social Security, 20.5 (4) Greater numbers of students are failing trators, and community members in the planning and administration of the activi- percent from asset income, 20.1 percent in school and the consequences of academic from pensions, 14.8 percent is annually failure are more dire in 1997 than ever before. ties; (3) contain a description of how the activi- earned, and the remaining 3 percent SEC. 4. GOALS. ties will be administered; comes from a variety of other sources, The goals of this Act are as follows: (4) demonstrate how the activities will uti- (1) To increase the academic success of stu- including welfare programs such as SSI lize or cooperate with publicly or privately and unemployment compensation. dents. funded programs in order to avoid duplica- (2) To improve the intellectual, social, I would stress that this is only an av- tion of activities in the community to be erage picture. The reality varies great- physical, and cultural skills of students. served; (3) To promote safe and healthy environ- (5) contain a description of the funding ly from American to American. We ments for students. sources and in-kind contributions that will need to look at the oldest of Americans (4) To prepare students for workforce par- support the activities; and to see the future of an aging nation. ticipation. (6) contain a plan for obtaining non-Fed- Americans currently 80 and older re- (5) To provide alternatives to drug, alco- eral funding for the activities. ceive 52.6 percent of their income from hol, tobacco, and gang activity. SEC. 9 AUTHORIZATION OF APPROPRIATIONS. Social Security, whereas their pensions SEC. 5. DEFINITIONS. There is authorized to be appropriated to provide proportionally less—down to In this Act: carry out this ACt $50,000,000 for each of the 15.3 percent. And, of course, they are (1) SCHOOL.—The term ‘‘school’’ means a fiscal years 1998 through 2002. public kindergarten, or a public elementary less able to earn money at this age, school or secondary school, as defined in sec- By Mr. GREGG (for himself, Mr. thus earnings make up only 3.9 percent tion 14101 of the Elementary and Secondary ROTH, Mr. FAIRCLOTH, Mrs. of their income. Education Act of 1965 (20 U.S.C. 8801). I describe this situation because it HUTCHISON, Mr. MURKOWSKI, Mr. (2) SECRETARY.—The term ‘‘Secretary’’ dramatizes our future. Americans con- SANTORUM, and Ms. COLLINS): means the Secretary of Education. tinue to have longer and longer life S. 883. A bill to amend the Internal SEC. 6. PROGRAM AUTHORIZED. expectancies. The population aged 80 Revenue Code of 1986 to encourage sav- The Secretary is authorized to carry out a and older is growing faster than any ings and investment through individual program under which the Secretary awards other age group, proportionally. This retirement accounts, to provide pen- grants to schools to enable the schools to are group currently receives inad- carry out the activities described in section sion security, portability, and sim- equate pension and individual savings 7(a). plification, and for other purposes; to income, and has needed to rely more SEC. 7. AUTHORIZED ACTIVITIES; REQUIRE- the Committee on Finance. MENTS. heavily on Social Security. The plain THE RETIREMENT INCOME SECURITY AND (a) AUTHORIZED ACTIVITIES.— fact is that as America grows older, SAVINGS ACT OF 1997 (1) REQUIRED.—Each school receiving a this group of Americans simply must grant under this Act shall carry out at least Mr. GREGG. Mr. President, I am ex- have access to more in the areas of 2 of the following activities: tremely pleased to rise to introduce pension coverage and personal savings (A) Mentoring programs. the Retirement Income, Security, and if they are to maintain a dignified (B) Academic assistance. Savings Act of 1997. standard of living. (C) Recreational activities. Mr. President, this bill represents the The current national picture is also (D) Technology training. culmination of literally months of not equitable with regard to the treat- (2) PERMISSIVE.—Each school receiving a work by the Republican Retirement ment of women. Currently, women are grant under this Act may carry out any of Security Task Force, which I chair. It the following activities: almost twice as likely as men to live in (A) Drug, alcohol, and gang, prevention ac- embodies a collection of policies which poverty in their retirement years—a tivities. would, if enacted, do a tremendous 15.7 percent poverty rate versus an 8.9 (B) Health and nutrition counseling. amount for a critical national need—to percent poverty rate for men. For (C) Job skills preparation activities. increase retirement saving and ulti- women who are widowed or divorced, (b) TIME.—A school shall provide the ac- mately, therefore, retirement income the picture is worse still—widows suf- tivities described in subsection (a) only after for all Americans. fer a poverty rate of 21.5 percent, divor- regular school hours during the school year. It has become almost axiomatic to cees 29.1 percent. Thus, the task force (c) SPECIAL RULE.—Each school receiving a state that America is in dire need of a grant under this Act shall carry out activi- placed high priority on including provi- ties described in subsection (a) in a manner qualitative increase in its level of re- sions designed to help women generate that reflects the specific needs of the popu- tirement saving. None of the three legs saving in their own name. lation, students, and community to be of the metaphorical retirement stool— Also of note are the discrepancies in served. Social Security, employer-provided income sources between high-income

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5529 and low-income Americans. Among el- were simply technical adjustments to tisan package of pension reforms that I derly Americans in the lowest quintile, be made. Often there are absurd regu- understand will be introduced later Social Security constitutes 82.6 percent latory inconsistencies in our pension this week. Our Republican task force of their income. Their next biggest structures. We penalize employers who has communicated in open and good source is public assistance—SSI, unem- do not properly fund pension plans, but faith with his bipartisan group, and ployment compensation, and other on the other hand, we prevent others there have been times when we have such sources—which make up 9.1 per- from funding the full amount of liabil- found ourselves working on overlap- cent of their income stream. Thus, ities that they know are coming. Or we ping ground. Senator GRAHAM and his poorest Americans would benefit the will treat employer contributions one staff have made important and original most from expansions of existing pen- way, but the contributions of the self- contributions to a bipartisan effort to sion coverage. employed another way. There is a host promote retirement security, and I be- Mr. President, it is, therefore, essen- of confusing, sometimes inconsistent, lieve that we can work with Senator tial that this Nation pursue policies regulations in effect. We did our best to GRAHAM and others in this coalition, that increase pension and individual identify and to rectify such problems throughout the reconciliation process savings in the private sector. One and inconsistencies in existing law. and beyond, to pursue reforms of com- added reason for this is the plight of This package seeks to increase sav- mon interest. Social Security. Thus far, Congress has ing through individual savings incen- Let me now turn to the specific pro- not been willing to address Social Se- tives, through employer funding of pen- visions of our legislation. curity’s enormous unfunded liability. sion plans, through simplification, Title I would establish a fully deduct- Under current practices, we will con- through expanded portability, through ible IRA for every American. The IRA tinue to pour the annual Social Secu- defined contribution plans, and is becoming a cornerstone of national rity surplus into current Government through defined benefit plans. We at- retirement policy, and the Federal Government should not deter anyone consumption. We have no method to tempted to increase savings on every from participating by limiting or pay for Social Security’s trillions in front. We cast our net wide. Thus, we eliminating the tax deductibility of the unfunded liability other than the have a package that is a veritable option. We endorse the Roth/Breaux promise of future Government tax- smorgasbord of reforms, more than schedule of phasing out the limits on ation. Congress could possibly enact this Although few are willing to admit it, IRA deductibility by 2001, and of index- year. But we have produced a host of it is clear from the projections that So- ing the contribution limits for infla- proposals that are each candidates for cial Security in the 21st century will tion. We would also create the option at least partial inclusion in budget rec- not be able to deliver as large a share of the back-loaded IRA—in which con- onciliation, and I believe that Congress of the income of retired Americans as tributions are taxed when they are would do well to favorably consider it does today. That is simply not pos- made, instead of upon withdrawal—in them. sible when the projected worker-to-col- order to mitigate the revenue implica- Because we attempted to approach lector ratios for the program will hit tions in the near-term. Stimulating our task with this specific policy objec- only 2 to 1 within a generation. When personal saving—making it attractive tive in mind—increasing savings—we the program is brought into balance, as for every American to adopt the habit did not set ourselves up to oppose it must be, what will happen to the of contributing to an IRA each year—is every idea that originated in another millions of Americans who rely on So- an important first step toward meeting place. The centerpiece proposals of our cial Security for the majority of their tomorrow’s retirement income needs. package—full IRA deductibility for retirement income? The answer, Mr. Title II is the WISE bill introduced every American, the WISE women’s eq- President, depends on how successful earlier this year. Already this impor- uity package, and the new SAFE de- we are in providing for retirement in- tant piece of legislation has 25 co-spon- come via other means. fined benefit plan—are not included in sors. These women’s equity initiatives Our task force approached these the package of pension proposals of- include a strengthening of the home- problems in as objective a fashion as fered by the minority party. But we did maker IRA, permitting a homemaker we could. We decided early on that the not reject some good technical correc- to make a fully deductible IRA con- problem was one of inadequate saving, tions merely because they have ap- tribution, regardless of whether his or instead of one of inadequate regula- peared in the work of others. I believe her spouse receives an employer-pro- tion, or inequitable distribution. In- that there is a basis for Congress to re- vided pension. In addition, we would deed, many existing regulations and view the proposals offered separately permit individuals who take maternity distribution requirements have actu- by Republicans, and by Democrats, and or paternity leave to make catch-up ally worked against the aim of ex- to pursue many initiatives on which contributions to their 401–(k) or simi- panded pension coverage, because they there is a broad area of common lar plans for the time missed from deter employers from providing it. The ground. work. And—the most creative part of result is that many small business I would like to thank Majority Lead- our legislation—we would permit indi- owners do not believe that they can af- er LOTT for convening the task force viduals who are absent from pension ford to offer pension coverage. Mr. and for selecting me to be its chair- plan participation for an extended pe- President, we must begin to make it man. I also wish to thank Senator riod to raise a child—to make addi- easier—in fact, we must begin to make LARRY CRAIG for his helpful coordina- tional contributions upon return, and it attractive—for employers to offer tion of the various Republican task to catch up for up to 18 years of ab- pensions. force efforts. I wish to thank each of sence. There is a single common theme that the members of the Senate Republican The WISE legislation is extremely runs through the Republican approach Retirement Security Task Force—Sen- popular, and I do not need to describe to retirement security: Retirement in- ators BOND, COLLINS, HUTCHISON, JEF- it at length here. However, I would say come comes from retirement saving. It FORDS, MURKOWSKI, ROBERTS, that it recognizes an important prin- comes from nowhere else. Everything SANTORUM, FAIRCLOTH—but most espe- ciple too frequently unrecognized in in our package aims at generating ad- cially Finance Committee Chairman our pension law: That individuals do ditional retirement saving in a reason- Senator WILLIAM ROTH, whose work not have the same opportunities to ably direct way. Government must do was absolutely instrumental to this save at every stage of their lives. Fre- more to encourage saving, and in many drafting effort. I would like to single quently, the financial pressures of rais- ways this is best done by doing less to out Doug Fisher of Senator ROTH’s ing a child prevent parents from at- discourage it. We have produced a staff for the technical advice and as- tending to their own retirement sav- package that would make it easier for sistance that he provided to me and to ing. WISE attempts to give some flexi- additional retirement saving to occur, my staff at every stage of this process. bility, to permit individuals to put by facilitating saving via a broad vari- It would be appropriate at this point away more money when, at last, they ety of measures. to say a word of appreciation to Sen- have the surplus income to do so. That is not to say that we did not ator GRAHAM of Florida as well, for his Title III of our bill is targeted at ex- identify areas of the law where there parallel work in fashioning a bipar- panding pension coverage in small

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5530 CONGRESSIONAL RECORD — SENATE June 11, 1997 business. This, Mr. President, is a title and it is also possible that the bene- be funded. This is short-sighted policy of our legislation that is just as vital ficiary will receive more. Moreover, be- by the Federal Government, under- as the first two, for a number of impor- cause each individual’s pension benefit taken solely to protect the Federal bal- tant reasons. First, it is those individ- is fully funded in advance by a defined ance sheet, by limiting the tax deduct- uals who work for small businesses who amount, it is fully portable—the ben- ibility of pension contributions. I are most likely to lack pension cov- efit can travel with the employee eas- would argue that this existing policy, erage. Second, we felt it was very im- ily when they switch jobs. in the long run, does not even protect portant in this legislation to do some- The SAFE plan gives a small busi- the Federal balance sheet, because ul- thing to make defined benefit plans ness owner the opportunity to create a timately, these liabilities must be more attractive to employers. The task simple defined benefit plan that has funded, and the deduction therefore force concluded that removing impedi- the potential to provide large pension taken. It is better to permit employers ments to defined contribution saving benefits—for both the employees and to invest the money now, and to let was extremely important, but we could the employer. Because of that poten- that investment compound to meet fu- not stop there: We needed to pursue tial and its resulting incentive, and be- ture liabilities, rather than to forbid parallel methods with respect to estab- cause of the protection from messy dis- them from doing so, and thereby force lishing pension coverage for individ- crimination rules, SAFE plans will be them to make a larger contribution uals who do not have discretionary in- an attractive alternative for small later—and then claim an even larger come to put into retirement savings. businesses. And by creating this alter- deduction. We must take a far-sighted Title III of our legislation begins native, we increase the opportunities approach to funding pensions, and not with the SAFE plan—a fully portable, for lower income individuals to receive discourage proper pension funding sim- fully funded, defined benefit plan de- defined benefit pension coverage that ply because we are looking at a short- signed for small business. This legisla- they might not be able to fund via a de- term budget window here in the Fed- tion attempts to make defined benefit fined contribution system. eral Government. Our provision would plans a more realistic option for small It will take too much of the Senate’s gradually increase the 150 percent businesses, just as the SIMPLE plan time to list every aspect of our com- limit, by 5 percent every 2 years. did last year for defined contribution prehensive legislation, but I invite Finally, title VI deals with another plans. Because SAFE is a method of Senators to review this and other pro- vital area of pension reform—pension creating a defined benefit plan without visions we have created to make pen- simplification. In this title, Mr. Presi- running into the problems with funding sions more attractive to small business dent, Senators will find a host of and complex regulation that have de- owners in title III of the bill. changes that eliminate existing incon- terred small businesses from offering Title IV contains assorted measures sistencies within law and regulation, as other defined benefit plans, it is good to ensure pension portability. This is well as facilitating the use of elec- for employers. And because it offers a essential in a mobile society such as tronic technology to replace cum- defined benefit funded by the employer, ours, in which pension coverage is low- bersome paperwork. I would draw the rather than dependent upon employee est among short-tenured young work- attention of the Senate to one par- contributions, it is good for lower in- ers, moving from job to job. We do not ticular provision here that would ex- come employees. generate retirement saving if these empt Government plans from existing In essence, the way SAFE works is pension benefits simply turn into a nondiscrimination rules. These non- this: An employer can choose to estab- cash-out every time one changes jobs. discrimination rules, Mr. President, lish a SAFE plan that accrues at either Our legislation would protect plans were not designed for Government a 1-percent, a 2-percent, or a 3-percent that accept rollovers from disqualifica- plans, and it has proved very vexatious rate. What this means is that for every tion, and also specifically facilitate to determine how to apply them in year the employee works, they get ei- rollovers between a large variety of cases when the employer is a govern- ther 1 percent, 2 percent, or 3 percent plans—government plans, nonprofit ment body. I believe that many Sen- of their salary as their defined benefit plans, and others. ators have probably heard from admin- upon retirement. If, for example, the Title V of the legislation deals with istrators of State government retire- employee works for 25 years in a plan pension security. We felt it was impor- ment plans regarding the need to make that accrues at 3 percent, then their re- tant to highlight our finding that pen- this exemption permanent, and our bill tirement benefit will be 75 percent of sion managers have an obligation to would do so. This is one provision, Mr. working income. Everyone in the plan comply with the intent of ERISA, President, that I believe we should accrues at the same rate. So the em- which directs that they manage these seek to include in budget reconcili- ployer can make a choice: If they fund plans with an eye solely toward maxi- ation this year. at the lower rate—say, 1 percent—then mizing the accumulation of pension as- Mr. President, I am very proud to in- they will diminish the size of their own sets, not pursuing an external purpose, troduce this legislation. Tax law in pension benefits as well as that of their whether social, political, or any other. this area is complicated and dry—I employees. By treating all employees Accordingly, we would eliminate the have become too familiar with that equally, across the board, SAFE by- promotion of the Department of La- these last months—but it is imperative passes the need for complex non- bor’s Economically Targeted Invest- that we shoulder the burden of reform- discrimination requirements. Fair ments Program. The last thing that we ing it to make it work more simply, treatment is assured by the basic con- want, Mr. president, is for pension and more effectively, to encourage struction of the plan. managers to feel pressured into invest- greater retirement income saving. I SAFE plans are fully funded by the ing in any vehicles that they do not be- have worked long and hard to create employer. The employer must fund the lieve meet the best interests of future this legislation, and I believe that it benefits such that, when a 5 percent in- pension beneficiaries. To the extent represents a good comprehensive effort terest rate is assumed, enough will be that these economically targeted in- to enhance the future retirement secu- present at time of retirement to pay vestments produce healthy, sound in- rity of millions of Americans. I thank the defined benefit. If the employer is vestments, they do not need promotion the rest of the task force, and the ma- able to do better, in managing the by the Department of Labor. To the ex- jority leader, for this opportunity to plan, then that 5 percent interest rate, tent that they do not, pension man- lead in this important work, and I com- then the extra goes back into the pen- agers should not invest in them. mend this legislation to the Senate for sion benefits. Annually, the plan is Also in title V, Mr. President, is an its favorable consideration. monitored to ensure that the employer important provision that gradually in- By Mr. D’AMATO (for himself, Mr. has kept pace with that 5 percent rate. creases the current limitation on full KERRY, Mrs. BOXER, Mr. BRYAN, Ms. If not, then the employer must make a employer funding of pension liabilities. MOSELEY-BRAUN, Mrs. MURRAY, and makeup contribution at year’s end. So, Right now, employers may fund for no Mr. CHAFEE): in all events, the pension benefits are more than 150 percent of current liabil- S. 885. A bill to amend the Electronic protected. It is annually assured that ity, even when they may know that fu- Fund Transfer Act to limit fees the promised benefits are fully funded, ture liabilities are accruing and must charged by financial institutions for

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5531 the use of automatic teller machines, Recent estimates show that the aver- whenever they use an ATM. Large and for other purposes; to the Com- age consumer is paying a whopping $155 banks with many ATM’s are exploiting mittee on Banking, Housing, and per year to use automated teller ma- this situation to lure away small bank Urban Affairs. chines or ATM’s. The average family customers. Eventually, small banks THE FAIR ATM FEES FOR CONSUMERS ACT will pay several times that amount. will not be able to survive. That’s not Mr. D’AMATO. Mr. President, I rise That’s outrageous. The banks are mak- competition, that’s a monopoly. today with Senator KERRY as my pri- ing windfall profits from working peo- When ATM’s were first introduced, mary cosponsor to reintroduce legisla- ple. banks claimed that these machines tion to protect consumers from exces- A transaction conducted at an ATM would give consumers more choices and sive and redundant fees imposed by costs about 25 cents while the same greater convenience. ATM’s were sup- automated teller machine [ATM] oper- transaction conducted by a teller in a posed to reduce costs and the savings ators. I am also pleased that Senators bank branch costs well over a dollar. could be passed on to consumers. BOXER, BRYAN, MOSELEY-BRAUN, MUR- Realizing this, banks strongly encour- Today, when bank profits are at record RAY, and CHAFEE have chosen to join aged their customers to use ATM’s. highs, it is astonishing that banks can- with me once again in cosponsoring ATM’s appeared everywhere as banks not resist the temptation to squeeze this important initiative. cut bank on branches and teller serv- consumers a little harder by doubling Mr. President, last year, I introduced ice. ATM networks were formed when ATM fees, legislation to eliminate ATM fees. At individual banks joined together and I look forward to holding additional that time, some of my colleagues ar- agreed to let each other’s customers hearings on ATM fees during this Con- gued that consumers could always use any ATM in the network without gress to provide opponents and pro- choose to go to an ATM that does not paying any extra charges. ponents of the bill, including represent- double-charge. I predicted then that if Now, banks are suddenly claiming atives of various States that are at- we permit this practice, eventually that ATM’s are no longer cost effec- tempting to enact bans, an opportunity every bank will double-charge con- tive. They have decided to soak con- to participate in this debate. I hope sumers would have no choice but to sumers with multiple fees every time may colleagues will join me in taking pay through the nose. they need to take money out of their a stand against this predatory banking Last fall, I asked the General Ac- accounts. practice. counting Office to examine ATM fees. I Banks report record profits in part by slapping customers and noncus- Mr. President, I ask unanimous con- want to know how many banks are sent that the full text of the bill be double charging and how much con- tomers with ever-increasing conven- printed in the RECORD. sumers are being forced to pay. ience fees. In many cases, consumers This morning the Banking Com- are forced to pay multiple fees for a There being no objection, the bill was mittee heard GAO’s results. Their re- single ATM transaction. Imagine, ordered to be printed in the RECORD, as sults detail the spread of the working men and women are paying follows: anticonsumer, anticompetitive, and two separate fees for the privilege of S. 885 anti-free-market practice—double ATM getting their own money. Be it enacted by the Senate and House of fees. This is a windfall for the banks. The Representatives of the United States of America In a nutshell, this abusive practice is consumer receives no additional ben- in Congress assembled, spreading like wildfire and consumers efit and the bank provides no addi- SECTION 1. SHORT TITLE. across the country are getting burned. tional service. A recent study by the This Act may be cited as the ‘‘Fair ATM When I received the GAO report, I was U.S. Public Interest Research Group Fees for Consumers Act’’. shocked to find that, in just over a [U.S. PIRG] reported that banks will SEC. 2 DEFINITION. year, the number of ATM’s that double profit $1.9 billion from ATM surcharges Section 903 of the Electronic Fund Trans- charge consumers has risen 320 percent alone this year. This double charge is a fer Act (15 U.S.C. 1693a) is amended— since the end of 1995. That means that free lunch for the banks and consumers (1) in paragraph (10), by striking ‘‘and’’ at consumers have less and less of a are footing the bill. I am not opposed the end; choice when they need to use an ATM. to banks making a profit, but double (2) in paragraph (11), by striking the period The GAO study also reveals that 54 ATM fees unfairly exploit the con- at the end and inserting a semicolon; and percent of the ATM’s in the United sumer. (3) by adding at the end the following new States are now double-charging. Soon Banks argue that consumers have the paragraphs: consumers will have nowhere to turn. freedom to go to an ATM that doesn’t ‘‘(12) the term ‘electronic terminal sur- charge’ means a transaction fee assessed by For that reason, I am reintroducing my double-charge. But working people on a financial institution that is the owner or bill, the Fair ATM Fees for Consumers their lunch hours, or late at night, operator of the electronic terminal; and Act. have no time to hunt for a free ATM ‘‘(13) the term ‘electronic banking net- Until April of last year, most con- when they need cash. As the GAO re- work’ means a communications system link- sumers paid a fee, usually about $1, to ported, those free ATM’s are getting ing financial institutions through electronic their own bank each time they used an- very hard to find. terminals.’’. other bank’s ATM. This fee was in- The people who are getting hit the SEC. 3. CERTAIN FEES PROHIBITED. tended to cover the cost of the trans- hardest are the ones who can least af- Section 905 of the Electronic Fund Trans- action. Now, in addition to that fee, ford it. While many Americans can fer Act (12 U.S.C. 1693c) is amended by adding the ATM operator may charge these simply choose to avoid extra fees by at the end the following new subsection: consumers a second fee. This second fee taking $100 or $200 every time they go ‘‘(d) LIMITATION ON FEES.—With respect to can run as high as $3 per transaction. to an ATM, many families struggling a transaction conducted at an electronic ter- Many consumers are forced to pay a to make ends meet don’t have that op- minal, an electronic terminal surcharge may total of $3 or more just to take $20 of tion. Senior citizens on fixed incomes not be assessed against a consumer if the transaction— their own money out of the bank. and students with little money to ‘‘(1) does not relate to or affect an account That’s outrageous. space are being forced to pay $2 or $3 held by the consumer with the financial in- Double-charging was prohibited in just to take out $20. A $3 fee on a $200 stitution that is the owner or operator of the most of the country until April 1, 1996, withdrawal is a nuisance, but taking a electronic terminal; and when Visa and MasterCard, which oper- $3 bite out of a $20 withdrawal is out- ‘‘(2) is conducted through a national or re- ate the two largest ATM networks, en- rageous. gional electronic banking network.’’. dorsed this practice. When the Banking Mr. President, double-charging is a Committee held a hearing on double monopolistic practice that eliminates Mr. KERRY. Mr. President, I am ATM charges last summer Visa and competition and distorts the free mar- pleased to join my colleague, the chair- MasterCard refused to appear. I intend ket. Banks are using double ATM fees man of the Banking Committee, in in- to hold further hearings on this issue to squeeze small competitors out of troducing the Fair ATM Fees for Con- and I fully expect Visa and MasterCard business. Community banks, thrifts, sumers Act of 1997. to testify as to why they suddenly per- and credit unions have customers who Today, in the Banking Committee, mitted this double charge which hurts depend on access to other institutions’ representatives of the U.S. General Ac- consumers and community banks. ATM’s. These customers now pay twice counting Office discussed the findings

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5532 CONGRESSIONAL RECORD — SENATE June 11, 1997 of their report on the growth of ATM Congress needs to do a better job in own institution, and by the institution surcharges. It is a fascinating report, monitoring and preventing the trend of owning the ATM machine. and I recommend our colleagues take a consolidation from running the smaller These costs are spreading. According look at it. I will highlight some of the banks out of business. to a recent General Accounting Office findings, especially as they pertain to In Massachusetts, the two largest report commissioned by the Senator my home State. banks own more than 62 percent of the from New York, ATM surcharges have I will tell you, Mr. President, it is ATM’s in the Commonwealth. The GAO ballooned 320 percent since 1995. not often in the Banking Committee report tells us that, nationally, one- One example of the surcharge boom that passions run this high on a finan- third of all ATM’s are owned by large is in my hometown of Chicago. Earlier cial services issue. I have heard from banks. So, Massachusetts has double this month, First Chicago NBD insti- officials of large banks who tell me the national concentration. And that is tuted surcharges, affecting 710 ATM’s that prohibiting ATM surcharges is a critical measure, Mr. President. The in the area. That decision, coupled tantamount to nationalizing our bank- GAO report found that ATM surcharges with the 1,550 ATM’s in the region al- ing industry. are more prevalent among larger ready levying surcharges, now means Mr. President, I do not believe that it banks, 98 percent of which own ATM’s. that more than half of the 4,400 ATM’s is the business of the U.S. Senate to set Fifty-four percent of large institutions in the Chicago area have a surcharge. prices and fees at banks and other fi- assessed a surcharge as opposed to 32 Mr. President, if current trends con- nancial institutions. I am a great be- percent of smaller institutions. That is tinue, few ATM’s will remain that have liever in the free market—not the Fed- the static measure, which is significant no surcharge, and consumers, despite eral Government—dictating fee struc- enough, but the trend is even more dis- surcharge warnings posted on the com- tures. But there is a general sense of turbing. The number of ATM’s assess- puter screen or on the machine, will fairness that is being violated in this ing a surcharge has risen 320 percent in truly have no alternative but to be surcharge. the past 13 months. The highest sur- charged twice for the same trans- When a depositor opens an account, charge found was $3 and the average action. he or she knows the fees associated surcharge is $1.14, up from 99 cents last I am aware that there are some costs with transactions. It is current federal year. to convenience. There are more than law—found in statutes like the Elec- I will say that I appreciate the fact 122,000 ATM’s around the Nation, al- tronic Funds Transfer Act, the Truth- that BankBoston—one of the two large most 5 times the number in place a in-Savings Act, and the Truth-in-Lend- banks in Massachusetts—does not im- decade ago. Americans used ATM ma- ing Act—that mandates fees to be dis- pose surcharges at all. I also know that chines more than 9 billion times last closed to the consumer. So, when we the Massachusetts Bankers Association year, accessing their bank accounts open a bank account, we know how is grappling with this issue, trying to and other financial services 24 hours a much each transaction will cost. find some accommodation, and I am day, 7 days a week. I know there are But now, with this new surcharge, we willing to listen to its arguments on costs associated with deploying these are left in the dark. In the absence of this issue. My mind is certainly open new machines, handling increased disclosure law dealing with surcharges, to alternatives to the current draft of transactions, and other maintenance we don’t find out, in many cases, how our legislation. But, Mr. President, I and safety issues. much it will cost to use an ATM ma- must say that the findings of the GAO It should not be forgotten, however, chine not associated with our par- report do little to dissuade me that we that banks moved customers to ATM’s ticular bank until our statement ap- must move forward to prohibit these because, compared to teller trans- pears in the mail, long after the ATM surcharges. actions, ATM’s were cheaper. Accord- transaction is completed. I thank my friend, the chairman of ing to a Mentis Corp. study, an ATM That is bad for consumers and it is the Banking Committee, for his leader- cash withdrawal from an in-branch bad precedent. And, as the GAO report ship. ATM costs an average of 22 to 28 cents, testifies, the trend is not favorable. Ms. MOSELEY-BRAUN. Mr. Presi- while the cost of a teller transaction is Historic mergers, consolidations, and dent, I would like to congratulate my 90 cents to $1.15. And in some cases, acquisitions have taken place in the fi- colleague, the Senator from New York, banks charge customers for completing nancial service industry. Bank lobby Senator D’AMATO, for his leadership on transactions with a teller if those hours have been curtailed so dras- this bill, the Fair ATM Fees for Con- transactions could have been com- tically, and so many human tellers re- sumers Act. pleted at an ATM. placed by machines, that we are forced Few Americans will quarrel with the Certainly ATM’s are a convenience to use ATM’s. This is the undeniable issue this bill addresses: surcharging, for customers, but the truth is that direction of the industry. or double charging consumers for a sin- banks have deployed more ATM’s be- Mr. President, some of the biggest gle ATM transaction, is unfair and un- cause it means lower costs to banks. banks argue that ATM fees are an out- necessary. I remember when banks paid their growth of the convenience consumers Many banks charge their customers customers for the use of their money. derive from using ATM’s. But I suspect for using foreign ATM’s—those ATM’s Today, however, it’s increasingly ex- that other forces are at play. Commer- not owned by the customer’s bank. pensive for the average working family cial banks posted record profits last These fees are disclosed to the cus- to manage even a simple banking ac- year, surpassing the previous record- tomer in advance, allowing consumers count. Americans who make timely breaking year. This new fee is not to shop for and choose banks that offer credit card payments, or no payments needed to ensure that banks are profit- the best package of services at the best at all, face higher fees. Americans who able. price. avoid special banking services are con- Mr. President, last year, a con- I don’t have a problem with that kind sidered unprofitable customers, and stituent of mine from Dorchester, MA, of fee. Customers have that informa- face higher fees. testified before the Banking Com- tion well in advance, and at a time Now, with ATM surcharges, Ameri- mittee on this issue. He owns a profit- they can use it. If the services offered cans are discovering that they must able bank with one ATM machine. He by banks fail to meet the customer’s pay banks an additional $155 each year runs the bank well and serves the com- satisfaction, customers can take their simply to access their own money. munity. But his small bank is no business elsewhere. The market is out of whack. The match for far bigger competitors. He Surcharging, however, undermines pubic knows this is unfair, and their contends that these surcharges are de- all that. Last April, the major com- visceral reaction is a response to mar- signed by the big banks to draw cus- puter networks allowed ATM owners to ket excess. tomers away from community banks. begin charging fees to customers using I am hopeful that the financial indus- This may not be an issue of estab- foreign ATM’s. From that day, the try will take the necessary steps to lishing prices and fees; this has all the floodgates opened, and now customers remedy this problem. Otherwise, the coloration of an antitrust issue. I want nationwide are being charged twice for Government has a duty to correct the to set the marker down clearly—the the same transaction—first by their abuse of double and triple charging

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5533 people for accessing their own hard- ing devices because of the risk of law- TITLE I—HEALTH CARE LIABILITY earned dollars. suits. REFORM It is time to stop nickel and diming Fourth, doctors are less likely to ex- Subtitle A—Liability Reform the American pocket. That’s why I’m plore risky treatment because of the SEC. 101. FINDINGS AND PURPOSE. pleased to be a cosponsor of this bill, proliferation of lawsuits. A doctor has (a) FINDINGS.—Congress finds the fol- and I urge its swift approval by the a better than 1 in 3 chance of being lowing: (1) EFFECT ON HEALTH CARE ACCESS AND U.S. Senate. sued during his practice years. And the COSTS.—The civil justice system of the likelihood of suit has nothing to do United States is a costly and inefficient By Mr. MCCONNELL (for himself with whether the doctor was negligent. mechanism for resolving claims of health and Mr. LIEBERMAN): The General Accounting Office reports care liability and compensating injured pa- S. 886. A bill to reform the health that almost 60 percent of all suits are tients and the problems associated with the care liability system and improve dismissed without a verdict or even a current system are having an adverse impact health care quality through the estab- settlement. on the availability of, and access to, health lishment of quality assurance pro- So, something is very wrong with our care services and the cost of health care in the United States. grams, and for other purposes; to the liability system, and our bill will help Committee on Labor and Human Re- (2) EFFECT ON INTERSTATE COMMERCE.—The solve the problem. I have included a health care and insurance industries are in- sources. summary of the bill’s provisions, and I dustries affecting interstate commerce and THE HEALTH CARE LIABILITY REFORM AND ask unanimous consent that the full the health care liability litigation systems QUALITY ASSURANCE ACT OF 1997 text of the bill and the summary be existing throughout the United States affect Mr. MCCONNELL. Mr. President, I printed in the RECORD. interstate commerce by contributing to the am pleased to introduce the Health Mr. President, I am hopeful that high cost of health care and premiums for health care liability insurance purchased by Care Liability Reform and Quality As- health care liability will get full con- surance Act of 1997. This is virtually participants in the health care system. sideration and action in this Congress. (3) EFFECT ON FEDERAL SPENDING.—The the same legislation as S. 454 that I in- It is very important that we tackle health care liability litigation systems exist- troduced in the last Congress with Sen- this issue, and I look forward to ing throughout the United States have a sig- ators LIEBERMAN and Kassebaum. That prompt action. nificant effect on the amount, distribution, bill was reported out of the Labor Com- There being no objection, the mate- and use of Federal funds because of— mittee and received the support of 53 rial was ordered to be printed in the (A) the large number of individuals who re- ceive health care benefits under programs Senators when it was added as an RECORD, as follows: amendment to the product liability operated or financed by the Federal Govern- S. 886 ment; legislation. Ultimately, however, the Be it enacted by the Senate and House of Rep- (B) the large number of individuals who amendment was withdrawn under the resentatives of the United States of America in benefit because of the exclusion from Fed- threat of a filibuster. I am very happy Congress assembled, eral taxes of the amounts spent to provide to, once again, be joining with Senator SECTION 1. SHORT TITLE; TABLE OF CONTENTS. such individuals with health insurance bene- LIEBERMAN in this effort. (a) SHORT TITLE.—This Act may be cited as fits; and Health care liability is one issue on the ‘‘Health Care Liability Reform and Qual- (C) the large number of health care pro- which there has been some bipartisan ity Assurance Act of 1997’’. viders who provide items or services for which the Federal Government makes pay- consensus about the need to make sig- (b) TABLE OF CONTENTS.—The table of con- tents of this Act is as follows: ments. nificant changes. This bill which I am (b) PURPOSE.—It is the purpose of this Act Sec. 1. Short title; table of contents. introducing today with the cosponsor- to implement reasonable, comprehensive, ship and assistance of Senator LIEBER- TITLE I—HEALTH CARE LIABILITY and effective health care liability reform REFORM MAN represents this bipartisan effort. that is designed to— The purpose of our bill is to promote Subtitle A—Liability Reform (1) ensure that individuals with meri- patient safety, compensate those who Sec. 101. Findings and purpose. torious health care injury claims receive fair Sec. 102. Definitions. and adequate compensation; suffer injuries fully and fairly, without (2) improve the availability of health care enriching lawyers and bureaucrats, Sec. 103. Applicability. Sec. 104. Statute of limitations. service in cases in which health care liabil- make health care more accessible, gain Sec. 105. Reform of punitive damages. ity actions have been shown to be a factor in some cost containment in health care, Sec. 106. Periodic payments. the decreased availability of services; and strengthen the doctor-patient relation- Sec. 107. Scope of liability. (3) improve the fairness and cost-effective- ship and encourage medical innova- Sec. 108. Mandatory offsets for damages paid ness of the current health care liability sys- tion. Our present system, unfortu- by a collateral source. tem of the United States to resolve disputes Sec. 109. Treatment of attorneys’ fees and over, and provide compensation for, health nately, does none of the above. care liability by reducing uncertainty and First of all, patients don’t get com- other costs. Sec. 110. Obstetric cases. unpredictability in the amount of compensa- pensated. The Rand Corp. has reported Sec. 111. State-based alternative dispute res- tion provided to injured individuals. that only 43 cents of every dollar spent olution mechanisms. SEC. 102. DEFINITIONS. in the liability system goes to the in- Sec. 112. Requirement of certificate of As used in this subtitle: jured party. That means lawyers, ex- merit. (1) CLAIMANT.—The term ‘‘claimant’’ perts, and court fees eat up a signifi- Subtitle B—Biomaterials Access Assurance means any person who commences a health cant percentage of every dollar spent care liability action, and any person on Sec. 121. Short title. whose behalf such an action is commenced, in the liability system. Sec. 122. Findings. including the decedent in the case of an ac- Second, the prohibitive cost of liabil- Sec. 123. Definitions. tion brought through or on behalf of an es- ity insurance means some doctors Sec. 124. General requirements; applica- tate. bility; preemption. won’t provide care to those in our soci- (2) CLEAR AND CONVINCING EVIDENCE.—The Sec. 125. Liability of biomaterials suppliers. term ‘‘clear and convincing evidence’’ means ety who need it most. Half-a-million Sec. 126. Procedures for dismissal of civil ac- that measure or degree of proof that will rural women can’t get an obstetrician tions against biomaterials sup- to deliver their babies. This problem, produce in the mind of the trier of fact a pliers. firm belief or conviction as to the truth of however, is not limited to rural areas. Sec. 127. Applicability. the allegations sought to be established, ex- High malpractice premiums force doc- Subtitle C—Applicability cept that such measure or degree of proof is tors to avoid the practice of medicine Sec. 131. Applicability. more than that required under preponder- in urban areas as well, making it more TITLE II—PROTECTION OF THE HEALTH ance of the evidence, but less than that re- difficult for minority communities to AND SAFETY OF PATIENTS quired for proof beyond a reasonable doubt. (3) COLLATERAL SOURCE RULE.—The term get necessary care. Sec. 201. Additional resources for State ‘‘collateral source rule’’ means a rule, either Third, companies that invent new health care quality assurance products are discouraged under the statutorily established or established at and access activities. common law, that prevents the introduction Sec. 202. Quality assurance, patient safety, current system from putting them on of evidence regarding collateral source bene- and consumer information. the market. Medical device manufac- fits or that prohibits the deduction of collat- turers are finding it more difficult to TITLE III—SEVERABILITY eral source benefits from an award of dam- get raw materials to produce life sav- Sec. 301. Severability. ages in a health care liability action.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5534 CONGRESSIONAL RECORD — SENATE June 11, 1997

(4) CONTINGENCY FEE.—The term ‘‘contin- disfigurement, loss of enjoyment of life, loss (4) preempt State choice-of-law rules with gency fee’’ means any fee for professional of consortium, loss of society or companion- respect to actions brought by a foreign na- legal services which is, in whole or in part, ship (other than loss of domestic services), tion or a citizen of a foreign nation; contingent upon the recovery of any amount and other nonpecuniary losses incurred by (5) affect the right of any court to transfer of damages, whether through judgment or an individual with respect to which a health venue or to apply the law of a foreign nation settlement. care liability action is brought. Non- or to dismiss an action of a foreign nation or (5) ECONOMIC LOSSES.—The term ‘‘economic economic losses are neither economic losses of a citizen of a foreign nation on the ground losses’’ means objectively verifiable mone- nor punitive damages. of inconvenient forum; or tary losses incurred as a result of the provi- (14) PUNITIVE DAMAGES.—The term ‘‘puni- (6) supersede any provision of Federal law. sion of (or failure to provide or pay for) tive damages’’ means damages awarded, for (d) FEDERAL COURT JURISDICTION NOT ES- health care services or the use of a medical the purpose of punishment or deterrence, and TABLISHED ON FEDERAL QUESTION GROUNDS.— product, including past and future medical not for compensatory purposes, against a Nothing in this subtitle shall be construed to expenses, loss of past and future earnings, health care professional, health care pro- establish any jurisdiction in the district cost of obtaining replacement services in the vider, or other defendant in a health care li- courts of the United States over health care home (including child care, transportation, ability action. Punitive damages are neither liability actions on the basis of section 1331 food preparation, and household care), cost economic nor noneconomic damages. or 1337 of title 28, United States Code. of making reasonable accommodations to a (15) SECRETARY.—The term ‘‘Secretary’’ SEC. 104. STATUTE OF LIMITATIONS. personal residence, loss of employment, and means the Secretary of Health and Human A health care liability action that is sub- loss of business or employment opportuni- Services. ject to this Act may not be initiated unless ties. Economic losses are neither non- (16) STATE.—The term ‘‘State’’ means each a complaint with respect to such action is economic losses nor punitive damages. of the several States of the United States, filed within the 2-year period beginning on (6) HEALTH CARE LIABILITY ACTION.—The the District of Columbia, and the Common- the date on which the claimant discovered term ‘‘health care liability action’’ means a wealth of Puerto Rico. or, in the exercise of reasonable care, should civil action against a health care provider, have discovered the injury and its cause, ex- health care professional, health plan, or SEC. 103. APPLICABILITY. cept that such an action relating to a claim- other defendant, including a right to legal or (a) IN GENERAL.—Except as provided in ant under legal disability may be filed with- equitable contribution, indemnity, subroga- subsection (c), this subtitle shall apply with in 2 years after the date on which the dis- tion, third-party claims, cross claims, or respect to any health care liability action ability ceases. If the commencement of a counter-claims, in which the claimant al- brought in any Federal or State court, ex- health care liability action is stayed or en- leges injury related to the provision of, pay- cept that this subtitle shall not apply to an joined, the running of the statute of limita- ment for, or the failure to provide or pay for, action for damages arising from a vaccine- tions under this section shall be suspended health care services or medical products, re- related injury or death to the extent that for the period of the stay or injunction. gardless of the theory of liability on which title XXI of the Public Health Service Act SEC. 105. REFORM OF PUNITIVE DAMAGES. the action is based. Such term does not in- (42 U.S.C. 300aa-1) applies to the action. clude a product liability action, except (a) LIMITATION.—With respect to a health (b) PREEMPTION.— where such an action is brought as part of a care liability action, an award for punitive (1) IN GENERAL.—The provisions of this sub- broader health care liability action. damages may only be made, if otherwise per- title shall preempt any State law existing (7) HEALTH PLAN.—The term ‘‘health plan’’ mitted by applicable law, if it is proven by on, or enacted subsequent to, the date of en- means any person or entity which is obli- clear and convincing evidence that the de- actment of this Act, only to the extent that gated to provide or pay for health benefits fendant— such law is inconsistent with the limitations under any health insurance arrangement, in- (1) intended to injure the claimant for a contained in such provisions and shall not cluding any person or entity acting under a reason unrelated to the provision of health preempt State law to the extent that such contract or arrangement to provide, arrange care services; law— for, or administer any health benefit. (2) understood the claimant was substan- (A) places greater restrictions on the (8) HEALTH CARE PROFESSIONAL.—The term tially certain to suffer unnecessary injury, ‘‘health care professional’’ means any indi- amount of or standards for awarding non- and in providing or failing to provide health vidual who provides health care services in a economic or punitive damages; care services, the defendant deliberately State and who is required by Federal or (B) places greater limitations on the failed to avoid such injury; or State laws or regulations to be licensed, reg- awarding of attorneys fees for awards in ex- (3) acted with a conscious, flagrant dis- istered or certified to provide such services cess of $150,000; regard of a substantial and unjustifiable risk or who is certified to provide health care (C) permits a lower threshold for the peri- of unnecessary injury which the defendant services pursuant to a program of education, odic payment of future damages; failed to avoid in a manner which con- training and examination by an accredited (D) establishes a shorter period during stitutes a gross deviation from the normal institution, professional board, or profes- which a health care liability action may be standard of conduct in such circumstances. sional organization. initiated or a more restrictive rule with re- (b) PUNITIVE DAMAGES NOT PERMITTED.— (9) HEALTH CARE PROVIDER.—The term spect to the time at which the period of limi- Notwithstanding the provisions of subsection ‘‘health care provider’’ means any organiza- tations begins to run; or (a), punitive damages may not be awarded tion or institution that is engaged in the de- (E) implements collateral source rule re- against a defendant with respect to any livery of health care items or services in a form that either permits the introduction of health care liability action if no judgment State and that is required by Federal or evidence of collateral source benefits or pro- for compensatory damages, including nomi- State laws or regulations to be licensed, reg- vides for the mandatory offset of collateral nal damages (under $500), is rendered against istered or certified to engage in the delivery source benefits from damage awards. the defendant. of such items or services. (2) RULES OF CONSTRUCTION.—The provi- (c) PROCEDURE FOR DETERMINING PUNITIVE (10) HEALTH CARE SERVICES.—The term sions of this subtitle shall not be construed DAMAGES.— ‘‘health care services’’ means any services to preempt any State law that— (1) IN GENERAL.—In any health care liabil- provided by a health care professional, (A) permits State officials to commence ity action subject to this subtitle in which health care provider, or health plan or any health care liability actions as a representa- punitive damages are recoverable, the trier individual working under the supervision of tive of an individual; of fact shall determine, concurrent with all a health care professional, that relate to the (B) permits provider-based dispute resolu- other issues presented in such action, wheth- diagnosis, prevention, or treatment of any tion; er such damages shall be allowed. If the trier disease or impairment, or the assessment of (C) places a maximum limit on the total of fact determines that such damages are al- the health of human beings. damages in a health care liability action; lowed, a separate proceeding shall be con- (11) INJURY.—The term ‘‘injury’’ means any (D) places a maximum limit on the time in ducted by the court to determine the amount illness, disease, or other harm that is the which a health care liability action may be of such damages to be awarded. subject of a health care liability action. initiated; or (2) SEPARATE PROCEEDING.—At a separate (12) MEDICAL PRODUCT.—The term ‘‘medical (E) provides for defenses in addition to proceeding to determine the amount of puni- product’’ means a drug (as defined in section those contained in this Act. tive damages to be awarded under paragraph 201(g)(1) of the Federal Food, Drug, and Cos- (c) EFFECT ON SOVEREIGN IMMUNITY AND (1), the court shall consider the following: metic Act (21 U.S.C. 321(g)(1)) or a medical CHOICE OF LAW OR VENUE.—Nothing in this (A) The severity of the harm caused by the device as defined in section 201(h) of such Act subtitle shall be construed to— conduct of the defendant. (21 U.S.C. 321(h)), including any component (1) waive or affect any defense of sovereign (B) The duration of the conduct or any or raw material used therein, but excluding immunity asserted by any State under any concealment of such conduct by the defend- health care services, as defined in paragraph provision of law; ant. (9). (2) waive or affect any defense of sovereign (C) The profitability of the conduct of the (13) NONECONOMIC LOSSES.—The term ‘‘non- immunity asserted by the United States; defendant. economic losses’’ means losses for physical (3) affect the applicability of any provision (D) The number of products sold or medical and emotional pain, suffering, inconven- of the Foreign Sovereign Immunities Act of procedures rendered for compensation, as the ience, physical impairment, mental anguish, 1976; case may be, by the defendant of the kind

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5535 causing the harm complained of by the (2) the amount paid by such individual (or the resolution of health care liability claims. claimant. by the spouse, parent, or legal guardian of Such guidelines shall include procedures (E) The total deterrent effect of other dam- such individual) to secure the payments de- with respect to the following methods of al- ages and punishment imposed upon the de- scribed in paragraph (1). ternative dispute resolution: fendant as a result of the misconduct, in- (c) DETERMINATION OF AMOUNTS FROM COL- (1) ARBITRATION.—The use of arbitration, a cluding compensatory, exemplary and puni- LATERAL SERVICES.—The reductions required nonjury adversarial dispute resolution proc- tive damage awards to individuals in situa- under subsection (b) shall be determined by ess which may, subject to subsection (c), re- tions similar to those of the claimant and the court in a pretrial proceeding. At the sult in a final decision as to facts, law, liabil- the severity of any criminal or administra- subsequent trial— ity or damages. The parties may elect bind- tive penalties, or civil fines, to which the de- (1) no evidence shall be admitted as to the ing arbitration. fendant has been or may be subjected. amount of any charge, payments, or damage (2) MEDIATION.—The use of mediation, a (3) DETERMINATION.—At the conclusion of a for which a claimant— settlement process coordinated by a neutral separate proceeding under paragraph (1), the (A) has received payment from a collateral third party without the ultimate rendering court shall determine the amount of punitive source or the obligation for which has been of a formal opinion as to factual or legal damages to be awarded with respect to the assured by a third party; or findings. health care liability action involved and (B) is, or with reasonable certainty, will be (3) EARLY NEUTRAL EVALUATION.—The use shall enter judgment for that amount. The eligible to receive payment from a collateral of early neutral evaluation, in which the par- court shall clearly state its reasons for set- source of the obligation which will, with rea- ties make a presentation to a neutral attor- ting the amount of such award in findings of sonable certainty be assumed by a third ney or other neutral evaluator for an assess- fact and conclusions of law, demonstrating party; and ment of the merits, to encourage settlement. consideration of each of the factors described (2) the jury, if any, shall be advised that— If the parties do not settle as a result of as- in paragraph (2). (A) except for damages as to which the sessment and proceed to trial, the neutral (d) LIMITATION AMOUNT.—The amount of court permits the introduction of evidence, evaluator’s opinion shall be kept confiden- damages that may be awarded as punitive the claimant’s medical expenses and lost in- tial. damages in any health care liability action come have been or will be paid by a collat- (4) EARLY OFFER AND RECOVERY MECHA- shall not exceed 3 times the amount awarded eral source or third party; and NISM.—The use of early offer and recovery to the claimant for the economic injury on (B) the claimant shall receive no award for mechanisms under which a health care pro- which such claim is based, or $250,000, which- any damages that have been or will be paid vider, health care organization, or any other ever is greater. This subsection shall be ap- by a collateral source or third party. alleged responsible defendant may offer to plied by the court and shall not be disclosed SEC. 109. TREATMENT OF ATTORNEYS’ FEES AND compensate a claimant for his or her reason- to the jury. OTHER COSTS. able economic damages, including future (e) RESTRICTIONS PERMITTED.—Nothing in (a) LIMITATION ON AMOUNT OF CONTINGENCY economic damages, less amounts available this Act shall be construed to imply a right FEES.—An attorney who represents, on a from collateral sources. to seek punitive damages where none exists contingency fee basis, a claimant in a health (5) NO FAULT.—The use of a no-fault stat- under Federal or State law. care liability action may not charge, de- ute under which certain health care liability SEC. 106. PERIODIC PAYMENTS. mand, receive, or collect for services ren- actions are barred and claimants are com- With respect to a health care liability ac- dered in connection with such action in ex- pensated for injuries through their health tion, if the award of future damages exceeds cess of the following amount recovered by plans or through other appropriate mecha- $100,000, the adjudicating body shall, at the judgment or settlement under such action: nisms. request of either party, enter a judgment or- (1) 331⁄3 percent of the first $150,000 (or por- (c) FURTHER REDRESS.— dering that future damages be paid on a peri- tion thereof) recovered, based on after-tax (1) IN GENERAL.—The extent to which any odic basis in accordance with the guidelines recovery, plus party may seek further redress (subsequent contained in the Uniform Periodic Payments (2) 25 percent of any amount in excess of to a decision of an alternative dispute reso- of Judgments Act, as promulgated by the $150,000 recovered, based on after-tax recov- lution method) concerning a health care li- National Conference of Commissioners on ery. ability claim in a Federal or State court Uniform State Laws in July of 1990. The ad- (b) CALCULATION OF PERIODIC PAYMENTS.— shall be dependent upon the methods of al- judicating body may waive the requirements In the event that a judgment or settlement ternative dispute resolution adopted by the of this section if such body determines that includes periodic or future payments of dam- State. such a waiver is in the interests of justice. ages, the amount recovered for purposes of (2) CLAIMANT.—With respect to further re- SEC. 107. SCOPE OF LIABILITY. computing the limitation on the contingency dress described in paragraph (1), if the party (a) IN GENERAL.—With respect to punitive fee under subsection (a) shall be based on the initiating such court action is the claimant and noneconomic damages, the liability of cost of the annuity or trust established to and the claimant receives a level of damages each defendant in a health care liability ac- make the payments. In any case in which an that is at least 25 percent less under the de- tion shall be several only and may not be annuity or trust is not established to make joint. Such a defendant shall be liable only cision of the court than under the State al- such payments, such amount shall be based for the amount of punitive or noneconomic ternative dispute resolution method, such on the present value of the payments. damages allocated to the defendant in direct party shall bear the reasonable costs, includ- proportion to such defendant’s percentage of SEC. 110. OBSTETRIC CASES. ing legal fees, incurred in the court action by fault or responsibility for the injury suffered With respect to a health care liability ac- the other party or parties to such action. by the claimant. tion relating to services provided during (3) PROVIDER OR OTHER DEFENDANT.—With (b) DETERMINATION OF PERCENTAGE OF LI- labor or the delivery of a baby, if the health respect to further redress described in para- ABILITY.—With respect to punitive or non- care professional against whom the action is graph (1), if the party initiating a court ac- economic damages, the trier of fact in a brought did not previously treat the preg- tion is the health care professional, health health care liability action shall determine nant woman for the pregnancy, the trier of care provider health plan, or other defendant the extent of each party’s fault or responsi- fact may not find that the defendant com- in a health care liability action and the bility for injury suffered by the claimant, mitted malpractice and may not assess dam- health care professional, health care pro- and shall assign a percentage of responsi- ages against the health care professional un- vider, health plan or other defendant is bility for such injury to each such party. less the malpractice is proven by clear and found liable for a level of damages that is at SEC. 108. MANDATORY OFFSETS FOR DAMAGES convincing evidence. least 25 percent more under the decision of PAID BY A COLLATERAL SOURCE. SEC. 111. STATE-BASED ALTERNATIVE DISPUTE the court than under the State alternative (a) IN GENERAL.—With respect to a health RESOLUTION MECHANISMS. dispute resolution method, such party shall care liability action, the total amount of (a) ESTABLISHMENT BY STATES.—Each State bear the reasonable costs, including legal damages received by an individual under is encouraged to establish or maintain alter- fees, incurred in the court action by the such action shall be reduced, in accordance native dispute resolution mechanisms that other party or parties to such action. with subsection (b), by any other payment promote the resolution of health care liabil- (d) TECHNICAL ASSISTANCE AND EVALUA- that has been, or will be, made to an indi- ity claims in a manner that— TIONS.— vidual to compensate such individual for the (1) is affordable for the parties involved in (1) TECHNICAL ASSISTANCE.—The Attorney injury that was the subject of such action. the claims; General may provide States with technical (b) AMOUNT OF REDUCTION.—The amount by (2) provides for the timely resolution of assistance in establishing or maintaining al- which an award of damages to an individual claims; and ternative dispute resolution mechanisms for an injury shall be reduced under sub- (3) provides the parties with convenient ac- under this section. section (a) shall be— cess to the dispute resolution process. (2) EVALUATIONS.—The Attorney General, (1) the total amount of any payments (b) GUIDELINES.—The Attorney General, in in consultation with the Secretary and the (other than such award) that have been made consultation with the Secretary and the Ad- Administrative Conference of the United or that will be made to such individual to ministrative Conference of the United States, shall monitor and evaluate the effec- pay costs of or compensate such individual States, shall develop guidelines with respect tiveness of State alternative dispute resolu- for the injury that was the subject of the ac- to alternative dispute resolution mecha- tion mechanisms established or maintained tion; minus nisms that may be established by States for under this section.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5536 CONGRESSIONAL RECORD — SENATE June 11, 1997 SEC. 112. REQUIREMENT OF CERTIFICATE OF (2) making any false representations in (12) attempts to develop such new suppliers MERIT. order to obtain a qualified specialist’s re- would raise the cost of medical devices; (a) REQUIRING SUBMISSION WITH COM- port; or (13) courts that have considered the duties PLAINT.—Except as provided in subsection (b) (3) failing to have the qualified specialist’s of the suppliers of the raw materials and and subject to the penalties of subsection (d), written report in his or her custody and con- component parts have generally found that no health care liability action may be trol; the suppliers do not have a duty— brought by any individual unless, at the and may require that the sanctioned party (A) to evaluate the safety and efficacy of time the individual commences such action, reimburse the other party to the action for the use of a raw material or component part the individual or the individual’s attorney costs and reasonable attorney’s fees. in a medical device; and submits an affidavit declaring that— (B) to warn consumers concerning the safe- (1) the individual (or the individual’s attor- Subtitle B—Biomaterials Access Assurance SEC. 121. SHORT TITLE. ty and effectiveness of a medical device; ney) has consulted and reviewed the facts of (14) attempts to impose the duties referred the claim with a qualified specialist (as de- This subtitle may be cited as the ‘‘Bio- materials Access Assurance Act of 1997’’. to in subparagraphs (A) and (B) of paragraph fined in subsection (c)); (13) on suppliers of the raw materials and SEC. 122. FINDINGS. (2) the individual or the individual’s attor- component parts would cause more harm ney has obtained a written report by a quali- Congress finds that— (1) each year millions of citizens of the than good by driving the suppliers to cease fied specialist that clearly identifies the in- supplying manufacturers of medical devices; dividual and that includes the specialist’s de- United States depend on the availability of lifesaving or life enhancing medical devices, and termination that, based upon a review of the (15) in order to safeguard the availability available medical record and other relevant many of which are permanently implantable within the human body; of a wide variety of lifesaving and life-en- material, a reasonable medical interpreta- hancing medical devices, immediate action tion of the facts supports a finding that the (2) a continued supply of raw materials and component parts is necessary for the inven- is needed— claim against the defendant is meritorious (A) to clarify the permissible bases of li- and based on good cause; and tion, development, improvement, and main- tenance of the supply of the devices; ability for suppliers of raw materials and (3) on the basis of the qualified specialist’s component parts for medical devices; and review and consultation, the individual, and (3) most of the medical devices are made with raw materials and component parts (B) to provide expeditious procedures to if represented, the individual’s attorney, dispose of unwarranted suits against the sup- have concluded that the claim is meritorious that— (A) are not designed or manufactured spe- pliers in such manner as to minimize litiga- and based on good cause. tion costs. (b) EXTENSION IN CERTAIN INSTANCES.— cifically for use in medical devices; and (1) IN GENERAL.—Subject to paragraph (2), (B) come in contact with internal human SEC. 123. DEFINITIONS. subsection (a) shall not apply with respect to tissue; As used in this subtitle: an individual who brings a health care liabil- (4) the raw materials and component parts (1) BIOMATERIALS SUPPLIER.— ity action without submitting an affidavit also are used in a variety of nonmedical (A) IN GENERAL.—The term ‘‘biomaterials described in such subsection if— products; supplier’’ means an entity that directly or (A) despite good faith efforts, the indi- (5) because small quantities of the raw ma- indirectly supplies a component part or raw vidual is unable to obtain the written report terials and component parts are used for material for use in the manufacture of an before the expiration of the applicable stat- medical devices, sales of raw materials and implant. ute of limitations; component parts for medical devices con- (B) PERSONS INCLUDED.—Such term in- (B) despite good faith efforts, at the time stitute an extremely small portion of the cludes any person who— the individual commences the action, the in- overall market for the raw materials and (i) has submitted master files to the Sec- dividual has been unable to obtain medical medical devices; retary for purposes of premarket approval of records or other information necessary, pur- (6) under the Federal Food, Drug, and Cos- a medical device; or suant to any applicable law, to prepare the metic Act (21 U.S.C. 301 et seq.), manufactur- (ii) licenses a biomaterials supplier to written report requested; or ers of medical devices are required to dem- produce component parts or raw materials. (C) the court of competent jurisdiction de- onstrate that the medical devices are safe (2) CLAIMANT.— termines that the affidavit requirement and effective, including demonstrating that (A) IN GENERAL.—The term ‘‘claimant’’ shall be extended upon a showing of good the products are properly designed and have means any person who brings a civil action, cause. adequate warnings or instructions; or on whose behalf a civil action is brought, (2) DEADLINE FOR SUBMISSION WHERE EXTEN- (7) notwithstanding the fact that raw ma- arising from harm allegedly caused directly SION APPLIES.—In the case of an individual terials and component parts suppliers do not or indirectly by an implant, including a per- who brings an action to which paragraph (1) design, produce, or test a final medical de- son other than the individual into whose applies, the action shall be dismissed unless vice, the suppliers have been the subject of body, or in contact with whose blood or tis- the individual submits the affidavit de- actions alleging inadequate— sue, the implant is placed, who claims to scribed in subsection (a) not later than— (A) design and testing of medical devices have suffered harm as a result of the im- (A) in the case of an action to which sub- manufactured with materials or parts sup- plant. paragraph (A) of paragraph (1) applies, 90 plied by the suppliers; or (B) ACTION BROUGHT ON BEHALF OF AN ES- days after commencing the action; or (B) warnings related to the use of such TATE.—With respect to an action brought on (B) in the case of an action to which sub- medical devices; behalf of or through the estate of an indi- paragraph (B) of paragraph (1) applies, 90 (8) even though suppliers of raw materials vidual into whose body, or in contact with days after obtaining the information de- and component parts have very rarely been whose blood or tissue the implant is placed, scribed in such subparagraph or when good held liable in such actions, such suppliers such term includes the decedent that is the cause for an extension no longer exists. have ceased supplying certain raw materials subject of the action. (c) QUALIFIED SPECIALIST DEFINED.— and component parts for use in medical de- (C) ACTION BROUGHT ON BEHALF OF A MINOR (1) IN GENERAL.—As used in subsection (a), vices because the costs associated with liti- OR INCOMPETENT.—With respect to an action the term ‘‘qualified specialist’’ means, with gation in order to ensure a favorable judg- brought on behalf of or through a minor or respect to a health care liability action, a ment for the suppliers far exceeds the total incompetent, such term includes the parent health care professional who has expertise in potential sales revenues from sales by such or guardian of the minor or incompetent. the same or substantially similar area of suppliers to the medical device industry; (D) EXCLUSIONS.—Such term does not in- practice to that involved in the action. (9) unless alternate sources of supply can clude— (2) EVIDENCE OF EXPERTISE.—For purposes be found, the unavailability of raw materials (i) a provider of professional health care of paragraph (1), evidence of required exper- and component parts for medical devices will services, in any case in which— tise may include evidence that the indi- lead to unavailability of lifesaving and life- (I) the sale or use of an implant is inci- vidual— enhancing medical devices; dental to the transaction; and (A) practices (or has practiced) or teaches (10) because other suppliers of the raw ma- (II) the essence of the transaction is the (or has taught) in the same or substantially terials and component parts in foreign na- furnishing of judgment, skill, or services; similar area of health care or medicine to tions are refusing to sell raw materials or (ii) a person acting in the capacity of a that involved in the action; or component parts for use in manufacturing manufacturer, seller, or biomaterials sup- (B) is otherwise qualified by experience or certain medical devices in the United States, plier; or demonstrated competence in the relevant the prospects for development of new sources (iii) a person alleging harm caused by ei- practice area. of supply for the full range of threatened raw ther the silicone gel or the silicone envelope (d) SANCTIONS FOR SUBMITTING FALSE AFFI- materials and component parts for medical utilized in a breast implant containing sili- DAVIT.—Upon the motion of any party or on devices are remote; cone gel, except that— its own initiative, the court in a health care (11) it is unlikely that the small market (I) neither the exclusion provided by this liability action may impose a sanction on a for such raw materials and component parts clause nor any other provision of this sub- party, the party’s attorney, or both, for— in the United States could support the large title may be construed as a finding that sili- (1) any knowingly false statement made in investment needed to develop new suppliers cone gel (or any other form of silicone) may an affidavit described in subsection (a); of such raw materials and component parts; or may not cause harm; and

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5537 (II) the existence of the exclusion under (ii) a provider of professional services, in by any other applicable law, be liable for this clause may not— any case in which the sale or use of an im- harm to a claimant caused by an implant if (aa) be disclosed to a jury in any civil ac- plant is incidental to the transaction and the the biomaterials supplier is the manufac- tion or other proceeding; and essence of the transaction is the furnishing turer of the implant. (bb) except as necessary to establish the of judgment, skill, or services; or (2) GROUNDS FOR LIABILITY.—The biomate- applicability of this subtitle, otherwise be (iii) any person who acts in only a finan- rials supplier may be considered the manu- presented in any civil action or other pro- cial capacity with respect to the sale of an facturer of the implant that allegedly caused ceeding. implant. harm to a claimant only if the biomaterials (3) COMPONENT PART.— SEC. 124. GENERAL REQUIREMENTS; APPLICA- supplier— (A) IN GENERAL.—The term ‘‘component BILITY; PREEMPTION. (A)(i) has registered with the Secretary part’’ means a manufactured piece of an im- (a) GENERAL REQUIREMENTS.— pursuant to section 510 of the Federal Food, plant. (1) IN GENERAL.—In any civil action cov- Drug, and Cosmetic Act (21 U.S.C. 360) and (B) CERTAIN COMPONENTS.—Such term in- ered by this subtitle, a biomaterials supplier the regulations issued under such section; cludes a manufactured piece of an implant may raise any defense set forth in section and that— 125. (ii) included the implant on a list of de- (i) has significant non-implant applica- (2) PROCEDURES.—Notwithstanding any vices filed with the Secretary pursuant to tions; and other provision of law, the Federal or State section 510(j) of such Act (21 U.S.C. 360(j)) (ii) alone, has no implant value or purpose, court in which a civil action covered by this and the regulations issued under such sec- but when combined with other component subtitle is pending shall, in connection with tion; parts and materials, constitutes an implant. a motion for dismissal or judgment based on (B) is the subject of a declaration issued by (4) HARM.— a defense described in paragraph (1), use the the Secretary pursuant to paragraph (3) that (A) IN GENERAL.—The term ‘‘harm’’ procedures set forth in section 126. states that the supplier, with respect to the means— (b) APPLICABILITY.— implant that allegedly caused harm to the (i) any injury to or damage suffered by an (1) IN GENERAL.—Except as provided in claimant, was required to— individual; paragraph (2), notwithstanding any other (i) register with the Secretary under sec- (ii) any illness, disease, or death of that in- provision of law, this subtitle applies to any tion 510 of such Act (21 U.S.C. 360), and the dividual resulting from that injury or dam- civil action brought by a claimant, whether regulations issued under such section, but age; and in a Federal or State court, against a manu- failed to do so; or (iii) any loss to that individual or any facturer, seller, or biomaterials supplier, on (ii) include the implant on a list of devices other individual resulting from that injury the basis of any legal theory, for harm alleg- filed with the Secretary pursuant to section or damage. edly caused by an implant. 510(j) of such Act (21 U.S.C. 360(j)) and the (B) EXCLUSION.—The term does not include (2) EXCLUSION.—A civil action brought by a regulations issued under such section, but any commercial loss or loss of or damage to purchaser of a medical device for use in pro- failed to do so; or an implant. viding professional services against a manu- (C) is related by common ownership or con- (5) IMPLANT.—The term ‘‘implant’’ means— facturer, seller, or biomaterials supplier for trol to a person meeting all the requirements (A) a medical device that is intended by loss or damage to an implant or for commer- described in subparagraph (A) or (B), if the the manufacturer of the device— cial loss to the purchaser— court deciding a motion to dismiss in accord- (i) to be placed into a surgically or natu- (A) shall not be considered an action that ance with section 126(c)(3)(B)(i) finds, on the rally formed or existing cavity of the body is subject to this subtitle; and basis of affidavits submitted in accordance for a period of at least 30 days; or (B) shall be governed by applicable com- with section 126, that it is necessary to im- (ii) to remain in contact with bodily fluids mercial or contract law. pose liability on the biomaterials supplier as or internal human tissue through a sur- (c) SCOPE OF PREEMPTION.— a manufacturer because the related manu- gically produced opening for a period of less (1) IN GENERAL.—This subtitle supersedes facturer meeting the requirements of sub- than 30 days; and any State law regarding recovery for harm paragraph (A) or (B) lacks sufficient finan- (B) suture materials used in implant proce- caused by an implant and any rule of proce- cial resources to satisfy any judgment that dures. dure applicable to a civil action to recover the court feels it is likely to enter should the (6) MANUFACTURER.—The term ‘‘manufac- damages for such harm only to the extent claimant prevail. turer’’ means any person who, with respect that this subtitle establishes a rule of law (3) ADMINISTRATIVE PROCEDURES.— to an implant— applicable to the recovery of such damages. (A) IN GENERAL.—The Secretary may issue (A) is engaged in the manufacture, prepa- (2) APPLICABILITY OF OTHER LAWS.—Any a declaration described in paragraph (2)(B) ration, propagation, compounding, or proc- issue that arises under this subtitle and that on the motion of the Secretary or on peti- essing (as defined in section 510(a)(1)) of the is not governed by a rule of law applicable to tion by any person, after providing— Federal Food, Drug, and Cosmetic Act (21 the recovery of damages described in para- (i) notice to the affected persons; and U.S.C. 360(a)(1)) of the implant; and graph (1) shall be governed by applicable (ii) an opportunity for an informal hearing. (B) is required— Federal or State law. (B) DOCKETING AND FINAL DECISION.—Imme- (i) to register with the Secretary pursuant (d) STATUTORY CONSTRUCTION.—Nothing in diately upon receipt of a petition filed pursu- to section 510 of the Federal Food, Drug, and this subtitle may be construed— ant to this paragraph, the Secretary shall Cosmetic Act (21 U.S.C. 360) and the regula- (1) to affect any defense available to a de- docket the petition. Not later than 180 days tions issued under such section; and fendant under any other provisions of Fed- after the petition is filed, the Secretary shall (ii) to include the implant on a list of de- eral or State law in an action alleging harm issue a final decision on the petition. vices filed with the Secretary pursuant to caused by an implant; or (C) APPLICABILITY OF STATUTE OF LIMITA- section 510(j) of such Act (21 U.S.C. 360(j)) (2) to create a cause of action or Federal TIONS.—Any applicable statute of limitations and the regulations issued under such sec- court jurisdiction pursuant to section 1331 or shall toll during the period during which a tion. 1337 of title 28, United States Code, that oth- claimant has filed a petition with the Sec- (7) MEDICAL DEVICE.—The term ‘‘medical erwise would not exist under applicable Fed- retary under this paragraph. device’’ means a device, as defined in section eral or State law. (c) LIABILITY AS SELLER.—A biomaterials 201(h) of the Federal Food, Drug, and Cos- SEC. 125. LIABILITY OF BIOMATERIALS SUP- supplier may, to the extent required and per- metic Act (21 U.S.C. 321(h)) and includes any PLIERS. mitted by any other applicable law, be liable device component of any combination prod- (a) IN GENERAL.— as a seller for harm to a claimant caused by uct as that term is used in section 503(g) of (1) EXCLUSION FROM LIABILITY.—Except as an implant if— such Act (21 U.S.C. 353(g)). provided in paragraph (2), a biomaterials (1) the biomaterials supplier— (8) RAW MATERIAL.—The term ‘‘raw mate- supplier shall not be liable for harm to a (A) held title to the implant that allegedly rial’’ means a substance or product that— claimant caused by an implant. caused harm to the claimant as a result of (A) has a generic use; and (2) LIABILITY.—A biomaterials supplier purchasing the implant after— (B) may be used in an application other that— (i) the manufacture of the implant; and than an implant. (A) is a manufacturer may be liable for (ii) the entrance of the implant in the (9) SECRETARY.—The term ‘‘Secretary’’ harm to a claimant described in subsection stream of commerce; and means the Secretary of Health and Human (b); (B) subsequently resold the implant; or Services. (B) is a seller may be liable for harm to a (2) the biomaterials supplier is related by (10) SELLER.— claimant described in subsection (c); and common ownership or control to a person (A) IN GENERAL.—The term ‘‘seller’’ means (C) furnishes raw materials or component meeting all the requirements described in a person who, in the course of a business con- parts that fail to meet applicable contrac- paragraph (1), if a court deciding a motion to ducted for that purpose, sells, distributes, tual requirements or specifications may be dismiss in accordance with section leases, packages, labels, or otherwise places liable for a harm to a claimant described in 126(c)(3)(B)(ii) finds, on the basis of affidavits an implant in the stream of commerce. subsection (d). submitted in accordance with section 126, (B) EXCLUSIONS.—The term does not in- (b) LIABILITY AS MANUFACTURER.— that it is necessary to impose liability on clude— (1) IN GENERAL.—A biomaterials supplier the biomaterials supplier as a seller because (i) a seller or lessor of real property; may, to the extent required and permitted the related seller meeting the requirements

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5538 CONGRESSIONAL RECORD — SENATE June 11, 1997 of paragraph (1) lacks sufficient financial re- ceeding on a motion to dismiss filed under material facts with respect to a motion con- sources to satisfy any judgment that the this section: cerning contractual requirements and speci- court feels it is likely to enter should the (1) AFFIDAVITS RELATING TO LISTING AND fications, the court may deem the motion to claimant prevail. DECLARATIONS.— dismiss to be a motion for summary judg- (d) LIABILITY FOR VIOLATING CONTRACTUAL (A) IN GENERAL.—The defendant in the ac- ment made pursuant to subsection (d). REQUIREMENTS OR SPECIFICATIONS.—A bio- tion may submit an affidavit demonstrating (d) SUMMARY JUDGMENT.— materials supplier may, to the extent re- that defendant has not included the implant (1) IN GENERAL.— quired and permitted by any other applicable on a list, if any, filed with the Secretary pur- (A) BASIS FOR ENTRY OF JUDGMENT.—A bio- law, be liable for harm to a claimant caused suant to section 510(j) of the Federal Food, materials supplier shall be entitled to entry by an implant, if the claimant in an action Drug, and Cosmetic Act (21 U.S.C. 360(j)). of judgment without trial if the court finds shows, by a preponderance of the evidence, (B) RESPONSE TO MOTION TO DISMISS.—In re- there is no genuine issue as concerning any that— sponse to the motion to dismiss, the claim- material fact for each applicable element set (1) the raw materials or component parts ant may submit an affidavit demonstrating forth in paragraphs (1) and (2) of section delivered by the biomaterials supplier ei- that— 125(d). ther— (i) the Secretary has, with respect to the (B) ISSUES OF MATERIAL FACT.—With re- (A) did not constitute the product de- defendant and the implant that allegedly spect to a finding made under subparagraph scribed in the contract between the biomate- caused harm to the claimant, issued a dec- (A), the court shall consider a genuine issue rials supplier and the person who contracted laration pursuant to section 125(b)(2)(B); or of material fact to exist only if the evidence for delivery of the product; or (ii) the defendant who filed the motion to submitted by claimant would be sufficient to (B) failed to meet any specifications that dismiss is a seller of the implant who is lia- allow a reasonable jury to reach a verdict for were— ble under section 125(c). the claimant if the jury found the evidence (i) provided to the biomaterials supplier (2) EFFECT OF MOTION TO DISMISS ON DIS- to be credible. and not expressly repudiated by the biomate- COVERY.— (2) DISCOVERY MADE PRIOR TO A RULING ON A rials supplier prior to acceptance of delivery (A) IN GENERAL.—If a defendant files a mo- MOTION FOR SUMMARY JUDGMENT.—If, under of the raw materials or component parts; tion to dismiss under paragraph (1) or (2) of applicable rules, the court permits discovery (ii)(I) published by the biomaterials sup- subsection (a), no discovery shall be per- prior to a ruling on a motion for summary plier; mitted in connection to the action that is judgment made pursuant to this subsection, (II) provided to the manufacturer by the the subject of the motion, other than dis- such discovery shall be limited solely to es- biomaterials supplier; or covery necessary to determine a motion to tablishing whether a genuine issue of mate- (III) contained in a master file that was dismiss for lack of jurisdiction, until such rial fact exists as to the applicable elements submitted by the biomaterials supplier to time as the court rules on the motion to dis- set forth in paragraphs (1) and (2) of section the Secretary and that is currently main- miss in accordance with the affidavits sub- 125(d). tained by the biomaterials supplier for pur- mitted by the parties in accordance with this (3) DISCOVERY WITH RESPECT TO A BIOMATE- poses of premarket approval of medical de- section. RIALS SUPPLIER.—A biomaterials supplier vices; or (B) DISCOVERY.—If a defendant files a mo- shall be subject to discovery in connection (iii) included in the submissions for pur- tion to dismiss under subsection (a)(2)(B)(i) with a motion seeking dismissal or summary poses of premarket approval or review by the on the grounds that the biomaterials sup- judgment on the basis of the inapplicability Secretary under section 510, 513, 515, or 520 of plier did not furnish raw materials or compo- of section 125(d) or the failure to establish the Federal Food, Drug, and Cosmetic Act nent parts in violation of contractual re- (21 U.S.C. 360, 360c, 360e, or 360j), and received the applicable elements of section 125(d) quirements or specifications, the court may solely to the extent permitted by the appli- clearance from the Secretary if such speci- permit discovery, as ordered by the court. cable Federal or State rules for discovery fications were provided by the manufacturer The discovery conducted pursuant to this against nonparties. to the biomaterials supplier and were not ex- subparagraph shall be limited to issues that (e) STAY PENDING PETITION FOR DECLARA- pressly repudiated by the biomaterials sup- are directly relevant to— TION.—If a claimant has filed a petition for a plier prior to the acceptance by the manufac- (i) the pending motion to dismiss; or turer of delivery of the raw materials or declaration pursuant to section 125(b)(3)(A) (ii) the jurisdiction of the court. with respect to a defendant, and the Sec- component parts; and FFIDAVITS RELATING STATUS OF DE- (3) A retary has not issued a final decision on the (2) such conduct was an actual and proxi- FENDANT.— petition, the court shall stay all proceedings mate cause of the harm to the claimant. (A) IN GENERAL.—Except as provided in with respect to that defendant until such SEC. 126. PROCEDURES FOR DISMISSAL OF CIVIL clauses (i) and (ii) of subparagraph (B), the time as the Secretary has issued a final deci- ACTIONS AGAINST BIOMATERIALS court shall consider a defendant to be a bio- sion on the petition. SUPPLIERS. materials supplier who is not subject to an (f) MANUFACTURER CONDUCT OF PRO- (a) MOTION TO DISMISS.—In any action that action for harm to a claimant caused by an CEEDING.—The manufacturer of an implant is subject to this subtitle, a biomaterials implant, other than an action relating to li- that is the subject of an action covered supplier who is a defendant in such action ability for a violation of contractual require- under this subtitle shall be permitted to file may, at any time during which a motion to ments or specifications described in sub- and conduct a proceeding on any motion for dismiss may be filed under an applicable law, section (d). move to dismiss the action against it on the summary judgment or dismissal filed by a (B) RESPONSES TO MOTION TO DISMISS.—The biomaterials supplier who is a defendant grounds that— court shall grant a motion to dismiss any ac- under this section if the manufacturer and (1) the defendant is a biomaterials sup- tion that asserts liability of the defendant any other defendant in such action enter plier; and under subsection (b) or (c) of section 125 on into a valid and applicable contractual (2)(A) the defendant should not, for the the grounds that the defendant is not a man- purposes of— agreement under which the manufacturer ufacturer subject to such section 125(b) or (i) section 125(b), be considered to be a agrees to bear the cost of such proceeding or seller subject to section 125(c), unless the manufacturer of the implant that is subject to conduct such proceeding. claimant submits a valid affidavit that dem- to such section; or (g) ATTORNEY FEES.—The court shall re- onstrates that— (ii) section 125(c), be considered to be a quire the claimant to compensate the bio- (i) with respect to a motion to dismiss con- seller of the implant that allegedly caused materials supplier (or a manufacturer ap- tending the defendant is not a manufacturer, harm to the claimant; or pearing in lieu of a supplier pursuant to sub- the defendant meets the applicable require- (B)(i) the claimant has failed to establish, section (f)) for attorney fees and costs, if— ments for liability as a manufacturer under pursuant to section 125(d), that the supplier (1) the claimant named or joined the bio- section 125(b); or furnished raw materials or component parts materials supplier; and (ii) with respect to a motion to dismiss in violation of contractual requirements or (2) the court found the claim against the contending that the defendant is not a seller, specifications; or biomaterials supplier to be without merit the defendant meets the applicable require- (ii) the claimant has failed to comply with and frivolous. the procedural requirements of subsection ments for liability as a seller under section 125(c). SEC. 127. APPLICABILITY. (b). This subtitle shall apply to all civil actions (4) BASIS OF RULING ON MOTION TO DISMISS.— (b) MANUFACTURER OF IMPLANT SHALL BE covered under this subtitle that are com- NAMED A PARTY.—The claimant shall be re- (A) IN GENERAL.—The court shall rule on a motion to dismiss filed under subsection (a) menced on or after the date of enactment of quired to name the manufacturer of the im- this Act, including any such action with re- plant as a party to the action, unless— solely on the basis of the pleadings of the parties made pursuant to this section and spect to which the harm asserted in the ac- (1) the manufacturer is subject to service tion or the conduct that caused the harm oc- of process solely in a jurisdiction in which any affidavits submitted by the parties pur- suant to this section. curred before the date of enactment of this the biomaterials supplier is not domiciled or Act. subject to a service of process; or (B) MOTION FOR SUMMARY JUDGMENT.—Not- (2) an action against the manufacturer is withstanding any other provision of law, if Subtitle C—Applicability barred by applicable law. the court determines that the pleadings and SEC. 131. APPLICABILITY. (c) PROCEEDING ON MOTION TO DISMISS.— affidavits made by parties pursuant to this This title shall apply to all civil actions The following rules shall apply to any pro- section raise genuine issues as concerning covered under this title that are commenced

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5539

on or after the date of enactment of this Act, (B) an estimation of the degree of con- HEALTH CARE LIABILITY REFORM AND QUALITY including any such action with respect to sensus concerning the accuracy and content ASSURANCE ACT OF 1997 which the harm asserted in the action or the of the information available under subpara- TITLE I—LIABILITY REFORM conduct that caused the injury occurred be- graph (A); SUBTITLE A—HEALTH CARE LIABILITY REFORM fore the date of enactment of this Act. (C) a summary of the best practices used in 1. Scope the public and private sectors for dissemi- TITLE II—PROTECTION OF THE HEALTH The bill: Applies to any action, filed in fed- AND SAFETY OF PATIENTS nating information to consumers; and (D) an evaluation of the National Practi- eral or state court, against a health care pro- SEC. 201. ADDITIONAL RESOURCES FOR STATE tioner Data Bank (as established under the vider, professional, payor, hmo, insurance HEALTH CARE QUALITY ASSURANCE company or any other defendant (except in AND ACCESS ACTIVITIES. Health Quality Improvement Act of 1986), for reliability and validity of the data and the cases based on vaccine-related injuries); Each State shall require that not less than Preempts state law to the extent it is in- effectiveness of the Data Bank in assisting 50 percent of all awards of punitive damages consistent with the provisions herein; no hospitals and medical groups in overseeing resulting from all health care liability ac- preemption for state laws which provide, the quality of practitioners. tions in that State, if punitive damages are among other things: a. additional defenses; (2) INTERIM REPORT.—Not later than 1 year otherwise permitted by applicable law, be b. greater limitations on attorneys’ fees; c. after the date of enactment of this Act, the used for activities relating to— greater restrictions on punitive or non-eco- Administrator shall prepare and submit to (1) the licensing, investigating, dis- nomic damages; d. maximum limit on the the Committees referred to in paragraph (1) ciplining, and certification of health care total damages. professionals in the State; and a report, based on the results of the advisory Does not create federal jurisdiction for (2) the reduction of malpractice-related panel survey conducted under subsection health care liability actions. (a)(3), concerning— costs for health care providers volunteering 2. Uniform statute of limitations (A) the consensus of indicators of patient to provide health care services in medically Cases could be filed two years from the underserved areas. safety and risk; (B) an assessment of the consumer perspec- date that the injury was discovered or should SEC. 202. QUALITY ASSURANCE, PATIENT SAFETY, have been discovered, except that any person AND CONSUMER INFORMATION. tive on health care quality that includes an examination of— under a legal disability may file within two (a) ADVISORY PANEL.— years after the disability ceases. (1) IN GENERAL.—Not later than 90 days (i) the information most often requested by 3. Limit on punitive damages after the date of enactment of this Act, the consumers; Administrator of the Agency for Health Care (ii) the types of technical quality informa- Punitive damages will be awarded if it is Policy and Research (hereafter referred to in tion that consumers find compelling; proven by clear and convincing evidence that this section as the ‘‘Administrator’’) shall (iii) the amount of information that con- the defendant: a. intended to injure; b. un- establish an advisory panel to coordinate sumers consider to be sufficient and the derstood claimant was substantially certain and evaluate, methods, procedures, and data amount of such information considered over- to suffer unnecessary injury and deliberately to enhance the quality, safety, and effective- whelming; and failed to avoid injury; or c. acted with con- ness of health care services provided to pa- (iv) the manner in which such information scious disregard of substantial and unjustifi- tients. should be presented; able risk which defendant failed to avoid in (2) PARTICIPATION.—In establishing the ad- and recommendations for increasing the a way which constitutes a gross deviation visory panel under paragraph (1), the Admin- awareness of consumers concerning such in- from the normal standard of conduct. istrator shall ensure that members of the formation; No punitive damages where compensatory panel include representatives of public and (C) proposed methods, building on existing damages of less than $500 are awarded. Trier of fact determines if punitive dam- private sector entities having expertise in data gathering and dissemination systems, ages are allowed. If so, then a separate pro- quality assurance, risk assessment, risk for ensuring that such data is available and ceeding is conducted by the court. accessible to consumers, employers, hos- management, patient safety, and patient sat- In determining the amount, court must pitals, and patients; isfaction. consider only: a. severity of harm; b. dura- (D) the existence of legal, regulatory, and (3) OBJECTIVES.—In carrying out the duties tion of defendant’s conduct and any conceal- practical obstacles to making such data described in this section, the Administrator, ment; c. profitability of defendant’s conduct; available and accessible to consumers; acting through the advisory panel estab- d. number of products sold/procedures ren- (E) privacy or proprietary issues involving lished under paragraph (1), shall conduct a dered which caused similar harm; e. similar the dissemination of such data; survey of public and private entities in- awards of punitive damages in similar cir- (F) an assessment of the appropriateness of volved in quality assurance, risk assessment, cumstances; f. criminal penalties imposed on collecting such data at the Federal or State patient safety, patient satisfaction, and defendant; g. civil fines imposed. practitioner licensing. Such survey shall in- level; No award may exceed the greater of 3 clude the gathering of data with respect to— (G) an evaluation of the value of permit- times the amount of economic damages or (A) performance measures of quality for ting consumers to have access to informa- $250,000. health care providers and health plans; tion contained in the National Practitioner 4. Periodic payment of future damages (B) developments in survey methodology, Data Bank and recommendations to improve sampling, and audit methods; the reliability and validity of the informa- No more than $100,000 of future damages (C) methods of medical practice and pat- tion; and may be required to be paid in one single pay- terns, and patient outcomes; and (H) the reliability and validity of data col- ment. The court will determine the schedule (D) methods of disseminating information lected by the State medical boards and rec- for payments, based on projection of future concerning successful health care quality ommendations for developing investigation losses and reduced to present value. This re- improvement programs, risk management protocols. quirement may be waived, in the interests of and patient safety programs, practice guide- (3) ANNUAL REPORT.—Not later than 1 year justice. lines, patient satisfaction, and practitioner after the date of the submission of the report 5. Several, not joint, liability licensing. under paragraph (2), and each year there- A defendant would be liable only for the (b) GUIDELINES.—Not later than 2 years after, the Administrator shall prepare and amount of non-economic and punitive dam- after the date of enactment of this Act, the submit to the Committees referred to in ages allocated to defendant’s direct propor- Administrator shall, in accordance with paragraph (1) a report concerning the tion of fault or responsibility. The trier of chapter 5 of title 5, United States Code, es- progress of the advisory panel in the develop- fact determines percentage of responsibility tablish health care quality assurance, pa- ment of a consensus with respect to the find- of each defendant. tient safety and consumer information ings of the panel and in the development and 6. Collateral source guidelines. Such guidelines shall be modified modification of the guidelines required under Total damages must be reduced by pay- periodically when determined appropriate by subsection (b). ments from other sources to compensate in- the Administrator. Such guidelines shall be (4) TERMINATION.—The advisory panel shall dividuals for injury that is the subject of the advisory in nature and not binding. terminate on the date that is 3 years after health care liability action. The offset is re- (c) REPORTS.— the date of enactment of this Act. duced by any amount paid by the injured (1) INITIAL REPORT.—Not later than 6 TITLE III—SEVERABILITY party (or family member) to secure the pay- months after the date of enactment of this ment. The reductions must be determined by SEC. 301. SEVERABILITY. Act, the Administrator shall prepare and the judge in a pretrial proceeding. submit to the Committee on Labor and If any provision of this Act, an amendment 7. Attorneys’ fees Human Resources of the Senate and the made by this Act, or the application of such Committee on Commerce of the House of provision or amendment to any person or This section limits attorney contingent 1 Representatives, a report that contains— circumstance is held to be unconstitutional, fees to 33 ⁄3% of the first $150,000 and 25% of (A) data concerning the availability of in- the remainder of this Act, the amendments any amount in excess of $150,000. formation relating to risk management, made by this Act, and the application of the 8. Obstetric cases quality assessment, patient safety, and pa- provisions of such to any person or cir- This section precludes a malpractice award tient satisfaction; cumstance shall not be affected thereby. against a health care professional relating to

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5540 CONGRESSIONAL RECORD — SENATE June 11, 1997 delivery of a baby, if the health care profes- Beginning during the colonial period, it unfeasible that these sites could sional did not previously treat the woman this clandestine resistance movement have boundaries and be operated as a during the pregnancy, unless malpractice is reached its peak in the 19th century, traditional national park. Instead, it is proven by clear and convincing evidence. helping hundreds of thousands of Afri- the intent of this bill to create a net- 9. State-based alternative dispute resolution can-Americans flee servitude in the work of cooperative partnerships, iden- Prior to the filing, or immediately fol- South and begin new lives in the tified by an official or unifying symbol lowing the filing of the action, the parties North, and in Canada, Mexico, and the or device, at a limited annual oper- are encouraged to participate in a state ad- Caribbean. ating cost. ministered alternative dispute resolution Despite its historical significance, Mr. President, we will never know system. how many individuals were freed from The Attorney General will develop adr the Underground Railroad has not been methods for use by the states, including ar- officially recognized in any fashion. servitude, or how many Americans, bitration, mediation, early neutral evalua- Consequently, in 1990, my distinguished black and white, women and men, may- tion, early offer and recovery. The parties former colleague, Senator Paul Simon, ors, ministers, businessmen, house- may elect binding arbitration. and former Congressman Pete Kost- wives, or former slaves endangered or 10. Certificate of merit mayer of Pennsylvania, introduced leg- sacrificed their lives in the defense of The certificate of merit provision requires islation directing the National Park the belief that no American, and no that, prior to bringing a lawsuit, an indi- Service to explore and study options human, should be bought, traded, or vidual (or his or her attorney) must submit for commemorating the Underground sold. an affidavit declaring that a qualified spe- Railroad. Congress passed that legisla- That’s why I urge my colleagues to cialist reviewed the facts and concluded that tion later that year, and the National swiftly pass the Underground Railroad the claim is meritorious. Network to Freedom Act. This bill A qualified specialist means a health care Park Service went to work gathering information on the routes and sites grants Federal recognition to the Un- professional with expertise (the specialist derground Railroad as a significant as- practices or teaches or has experience or used by the Underground Railroad. That study, completed in 1996, found pect of American history. This bill demonstrated competence) in the same or helps to preserve the structures and ar- substantially similar area of practice as that that the Underground Railroad story involved in the case. was of national significance. The study tifacts of an organized resistance movement for freedom. And finally, A court may impose sanctions for the sub- documented over 380 sites, including 27 and most important, this bill com- mission of a false affidavit. national park units, national historic memorates those Americans whose ef- SUBTITLE B—BIOMATERIAL ACCESS ASSURANCE landmarks, routes, privately owned forts helped destroy the ugly legacy of 1. Summary buildings, and churches associated with slavery in this country. The Biomaterial Access Assurance Act this resistance movement. The study Mr. President, I ask unanimous con- would allow suppliers of the raw materials also found that many of these sites sent that the text of the bill be printed (biomaterial) used to make medical im- were in imminent danger of being lost plants, to obtain dismissal, without exten- in the RECORD. or destroyed, and that despite a tre- There being no objection, the bill was sive discovery or other legal costs, in certain mendous amount of interest in the Un- tort suits in which plaintiffs allege harm ordered to be printed in the RECORD, as from a finished medical implant. derground Railroad, little organized co- follows: ordination and communication existed TITLE II—PROTECTION OF PATIENT S. 887 HEALTH AND SAFETY among interested individuals and orga- Be it enacted by the Senate and House of Rep- nizations. The study reached a final 1. Quality assurance resentatives of the United States of America in recommendation that the U.S. Con- Congress assembled, The quality assurance section requires gress should authorize and fund a na- SECTION 1. SHORT TITLE. each state to establish a health care quality This Act may be cited as the ‘‘National assurance program and fund, approved by the tional initiative to support, preserve, and commemorate the sites and routes Underground Railroad Network to Freedom Secretary of HHS. It also allocates 50% of all Act of 1997’’. punitive damage awards to be transferred to associated with the Underground Rail- SEC. 2. FINDINGS AND PURPOSES. the fund for the purpose of licensing and cer- road. (a) FINDINGS.—Congress finds that— tifying health professionals, implementing Mr. President, the bill I am intro- (1) the Underground Railroad, which flour- programs, including programs to reduce mal- ducing today, along with my distin- ished from the end of the 18th century to the practice costs for volunteers serving under guished colleague from Ohio, Senator end of the Civil War, was 1 of the most sig- served areas. DEWINE, will enact many of the find- nificant expressions of the American civil 2. Risk management programs ings of that National Park Service rights movement during its evolution over Finally, professionals and providers must study into law. Our bill, the National more than 3 centuries; participate in a risk management program (2) the Underground Railroad bridged the Underground Railroad Network to divides of race, religion, sectional dif- to prevent and provide early warning of prac- Freedom Act, will create within the tices which may result in injuries. Insurers ferences, and nationality, spanned State lines and international borders, and joined also must establish risk management pro- National Park Service a nationwide the American ideals of liberty and freedom grams and require participation, once every network of historic buildings, routes, expressed in the Declaration of Independence 3 years, as a condition of maintaining insur- programs, projects, and museums that and the Constitution to the extraordinary ance. have certifiable thematic connections actions of ordinary men and women working to the Underground Railroad. The bill in common purpose to free a people; By Ms. MOSELEY-BRAUN (for will also allow the National Park Serv- (3) pursuant to title VI of Public Law 101– herself and Mr. DEWINE): ice to produce and disseminate edu- 628 (16 U.S.C. 1a–5 note; 104 Stat. 4495), the S. 887. A bill to establish in the Na- cational and informational materials Underground Railroad Advisory Committee tional Park Service the National Un- on the Underground Railroad, and conducted a study of the appropriate means derground Railroad Network to Free- enter into cooperative agreements with of establishing an enduring national com- dom Program, and for other purposes; memorative Underground Railroad program Federal agencies, State and local gov- of education, example, reflection, and rec- to the Committee on Energy and Nat- ernment, and historical societies to onciliation; ural Resources. provide technical assistance and co- (4) the Underground Railroad Advisory THE NATIONAL UNDERGROUND RAILROAD ordination among network partici- Committee found that— NETWORK TO FREEDOM ACT OF 1997 pants. Participation in the network by (A) although a few elements of the Under- Ms. MOSELEY-BRAUN. Mr. Presi- ground Railroad story are represented in ex- private property owners is purely vol- isting National Park Service units and other dent, I am pleased to have the oppor- untary. sites, many sites are in imminent danger of tunity today to introduce the National This bill does not create a new park being lost or destroyed, and many important Underground Railroad Network to unit in the traditional sense. In order resource types are not adequately rep- Freedom Act of 1997. to ensure the maximum safety and se- resented and protected; The Underground Railroad, as my crecy of its activities, the Underground (B) there are many important sites that colleagues know, was among the most Railroad was an amorphous and loosely have high potential for preservation and vis- itor use in 29 States, the District of Colum- successful efforts in history in helping organized system. No single site or bia, and the Virgin Islands; to undermine and destroy the institu- route, therefore, completely character- (C) no single site or route completely re- tion of slavery in the United States. izes the Underground Railroad, making flects and characterizes the Underground

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5541 Railroad, since the Underground Railroad’s in subsection (b) with National Park Service [Mr. CAMPBELL] were added as cospon- story and associated resources involve net- units and programs, the Secretary may enter sors of S. 555, a bill to amend the Solid works and regions of the country rather than into a cooperative agreement or memo- Waste Disposal Act to require that at individual sites and trails; and randum of understanding with, and provide least 85 percent of funds appropriated (D) establishment of a variety of partner- technical assistance to— ships between the Federal Government and (1) the head of another Federal agency, a to the Environmental Protection Agen- other levels of government and the private State, a locality, a regional governmental cy from the Leaking Underground sector would be most appropriate for the pro- body, or a private entity; or Storage Tank Trust Fund be distrib- tection and interpretation of the Under- (2) in cooperation with the Secretary of uted to States to carry out cooperative ground Railroad; State, the Government of Canada, Mexico, or agreements for undertaking corrective (5) the National Park Service can play a any appropriate country in the Caribbean. action and for enforcement of subtitle I vital role in facilitating the national com- (d) AUTHORIZATION OF APPROPRIATIONS.— of that Act. memoration of the Underground Railroad; There is authorized to be appropriated to S. 561 and carry out this Act— (6) the story and significance of the Under- (1) $500,000 for fiscal year 1998; and At the request of Mr. SHELBY, the ground Railroad can best engage the Amer- (2) $1,000,000 for each fiscal year thereafter. name of the Senator from Alaska [Mr. ican people through a national program of f STEVENS] was added as a cosponsor of the National Park Service that links historic S. 561, a bill to require States receiving buildings, structures, and sites, routes, geo- ADDITIONAL COSPONSORS prison construction grants to imple- graphic areas, and corridors, interpretive S. 20 ment requirements for inmates to per- centers, museums, and institutions, and pro- grams, activities, community projects, ex- At the request of Mr. DASCHLE, the form work and engage in educational hibits, and multimedia materials, in a man- name of the Senator from Illinois [Mr. activities, to eliminate certain sen- ner that is both unified and flexible. DURBIN] was added as a cosponsor of S. tencing inequities for drug offenders, (b) PURPOSES.—The purposes of this Act 20, a bill to amend the Internal Rev- and for other purposes. are— enue Code of 1986 to increase the rate S. 622 (1) to recognize the importance of— and spread the benefits of economic At the request of Mr. HATCH, the (A) the Underground Railroad; (B) the sacrifices made by slaves who used growth, and for other purposes. name of the Senator from South Da- the Underground Railroad in search of free- S. 28 kota [Mr. JOHNSON] was added as a co- dom from tyranny and oppression; and At the request of Mr. THURMOND, the sponsor of S. 622, a bill to amend the (C) the sacrifices made by the people who name of the Senator from Indiana [Mr. Internal Revenue Code of 1986 to mod- helped those slaves; and COATS] was added as a cosponsor of S. ify the application of the pension non- (2) to authorize the National Park Service 28, a bill to amend title 17, United discrimination rules to governmental to coordinate and facilitate— plans. (A) Federal and non-Federal activities to States Code, with respect to certain ex- commemorate, honor, and interpret the his- emptions from copyright, and for other S. 627 tory of the Underground Railroad; purposes. At the request of Mr. JEFFORDS, the (B) the Underground Railroad’s signifi- S. 387 name of the Senator from California cance as a crucial element in the evolution [Mrs. BOXER] was added as a cosponsor of the national civil rights movement; and At the request of Mr. HATCH, the name of the Senator from Colorado of S. 627, a bill to reauthorize the Afri- (C) the Underground Railroad’s relevance can Elephant Conservation Act. in fostering a spirit of racial harmony and [Mr. CAMPBELL] was added as a cospon- national reconciliation. sor of S. 387, a bill to amend the Inter- S. 720 SEC. 3. NATIONAL UNDERGROUND RAILROAD nal Revenue Code of 1986 to provide eq- At the request of Mr. GRASSLEY, the NETWORK TO FREEDOM PROGRAM. uity to exports of software. names of the Senator from California (a) IN GENERAL.—The Secretary of the In- [Mrs. FEINSTEIN] and the Senator from S. 411 terior (referred to in this Act as the ‘‘Sec- Virginia [Mr. ROBB] were added as co- At the request of Mrs. HUTCHISON, the retary’’) shall establish in the National Park sponsors of S. 720, a bill to amend titles name of the Senator from Connecticut Service a program to be known as the ‘‘Na- XVIII and XIX of the Social Security [Mr. LIEBERMAN] was added as a co- tional Underground Railroad Network to Act to expand and make permanent the Freedom’’ (referred to in this Act as the sponsor of S. 411, a bill to amend the availablity of cost-effective, com- ‘‘National Network’’). Under the program, Internal Revenue Code of 1986 to pro- prehensive acute and long-term care the Secretary shall— vide a tax credit for investment nec- services to frail elderly persons (1) produce and disseminate appropriate essary to revitalize communities with- educational materials, such as handbooks, through Programs of All-inclusive Care in the United States, and for other pur- maps, interpretive guides, or electronic in- for the Elderly (PACE) under the medi- poses. formation; care and medicaid programs. (2) enter into appropriate cooperative S. 419 S. 725 agreements and memoranda of under- At the request of Mr. BOND, the name At the request of Mr. CAMPBELL, the standing to provide technical assistance of the Senator from Massachusetts under subsection (c); and name of the Senator from Colorado (3) create and adopt an official and uniform [Mr. KENNEDY] was added as a cospon- [Mr. ALLARD] was added as a cosponsor symbol or device for the National Network sor of S. 419, a bill to provide surveil- of S. 725, a bill to direct the Secretary and issue regulations for use of the symbol lance, research, and services aimed at of the Interior to convey the Collbran or device. prevention of birth defects, and for Reclamation Project to the Ute Water (b) ELEMENTS.—The National Network other purposes. Conservancy District and the Collbran shall include— S. 496 (1) any unit or program of the National Conservancy District. Park Service determined by the Secretary to At the request of Mr. SPECTER, his S. 757 pertain to the Underground Railroad; name was added as a cosponsor of S. At the request of Mr. GRASSLEY, the (2) any other Federal, State, local, or pri- 496, a bill to amend the Internal Rev- names of the Senator from Nebraska vately owned property pertaining to the Un- enue Code of 1986 to provide a credit [Mr. KERREY], the Senator from Ne- derground Railroad that has a verifiable con- against income tax to individuals who braska [Mr. HAGEL], the Senator from nection to the Underground Railroad and rehabilitate historic homes or who are Arkansas [Mr. HUTCHINSON], the Sen- that is included on, or determined by the the first purchasers of rehabilitated Secretary to be eligible for inclusion on, the ator from Virginia [Mr. ROBB], the Sen- National Register of Historic Places; historic homes for use as a principal ator from Maine [Ms. COLLINS], and the (3) any other governmental or nongovern- residence. Senator from Mississippi [Mr. COCH- mental facility or program of an edu- S. 555 RAN] were added as cosponsors of S. 757, cational, research, or interpretive nature At the request of Mr. ALLARD, the a bill to amend the Employee Retire- that is directly related to the Underground names of the Senator from South Caro- ment Savings Act of 1974 to promote Railroad. lina [Mr. HOLLINGS], the Senator from retirement income savings through the (c) COOPERATIVE AGREEMENTS AND MEMO- NHOFE RANDA OF UNDERSTANDING.—To achieve the Oklahoma [Mr. I ], the Senator establishment of an outreach program purposes of this Act and to ensure effective from North Carolina [Mr. FAIRCLOTH], in the Department of Labor and peri- coordination of the Federal and non-Federal the Senator from Kansas [Mr. ROB- odic National Summits on Retirement elements of the National Network referred to ERTS], and the Senator from Colorado Savings.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5542 CONGRESSIONAL RECORD — SENATE June 11, 1997 S. 781 ADDITIONAL STATEMENTS Third, the Medicare reimbursement At the request of Mr. HATCH, the formula discriminates against seniors names of the Senator from Utah [Mr. who live in rural communities. These BENNETT], the Senator from Virginia MEDICARE AND THE ADJUSTED rural Americans already face fewer [Mr. WARNER], the Senator from Ne- AVERAGE PER CAPITA COST health care options than those living in braska [Mr. HAGEL], and the Senator ∑ Mr. GRAMS. Mr. President, during urban centers. Because of the lower re- from Montana [Mr. BURNS] were added the Budget Committee’s debate on the imbursement rates health plans re- as cosponsors of S. 781, a bill to estab- fiscal year 1998 budget resolution, I ceive, there is no incentive for them to lish a uniform and more efficient Fed- joined with my colleague from Oregon, offer their services—let alone provide eral process for protecting property Senator WYDEN to introduce a Sense- extra benefits many seniors in other owners’ rights guaranteed by the fifth of-the-Senate amendment regarding States receive at no added cost. That amendment. the Medicare reimbursement rate for means even fewer choices for the senior S. 829 health plans. In fact, most of my col- citizens living in rural Minnesota. At the request of Mrs. BOXER, the leagues on the Budget Committee co- Mr. President, no one would suggest name of the Senator from Vermont sponsored this amendment, and I was that we take away the extra benefits [Mr. JEFFORDS] was added as a cospon- pleased to see it incorporated into the seniors receive in other States; indeed, sor of S. 829, a bill to amend the Inter- final budget resolution passed by the we should encourage health plans to do nal Revenue Code of 1986 to encourage Senate. what they can to provide these bene- the production and use of clean-fuel ve- Reforming the way Medicare deter- fits, while at the same time focusing on hicles, and for other purposes. mines the reimbursement rate for man- the need to become more efficient and S. 852 aged care plans is critical to provide cost-effective. However, what we are At the request of Mr. LOTT, the name Medicare equity in States like my saying is that senior citizens living in of the Senator from Virginia [Mr. WAR- home State of Minnesota—especially rural America should at the very least NER] was added as a cosponsor of S. 852, for those citizens in rural communities have the opportunity to make these a bill to establish nationally uniform in my State and throughout the coun- same choices in their health care plan. requirements regarding the titling and try. I’d like to conclude by offering an ex- registration of salvage, nonrepairable, Mr. President, there are three points ample of how the disparity in payment and rebuilt vehicles. I would like to emphasize. affects the benefits of two seniors liv- First, the Medicare reimbursement ing in different States. S. 866 rate is unfair. While every American At the request of Mrs. HUTCHISON, the A Medicare beneficiary living in Blue pays the same 2.9-percent payroll tax name of the Senator from Mississippi Earth County, MN, who would like to to the Medicare trust fund, Minneso- [Mr. LOTT] was added as a cosponsor of enroll in a health plan would have none tans find themselves with the second- S. 866, a bill to amend title 28, United offered at the reimbursement rate of lowest reimbursement rates in the Na- States Code, to provide that certain $302 a month. Not one health plan is tion. Every single county in Minnesota voluntary disclosures of violations of willing to offer even basic Medicare falls below the national average in Federal law made as a result of a vol- coverage at this rate. He or she would terms of Medicare reimbursement. In untary environmental audit shall not have no choice but to enroll in the fee- fact, Minnesota is not alone in this cat- be subject to discovery or admitted for-service plan and incur higher out- egory. There are 16 States in which into evidence during a judicial or ad- of-pocket expenses. every county is below the national av- ministrative proceeding, and for other However, this same beneficiary’s erage—Iowa, Idaho, Maine, Minnesota, purposes. brother, sister or cousin living in Los Montana, Nebraska, New Hampshire, Angeles County, CA would have their S. 873 New Mexico, North Dakota, Oregon, choice of 15 health plans offering full At the request of Mr. ASHCROFT, the South Carolina, South Dakota, Medicare coverage and in addition, re- name of the Senator from North Caro- Vermont, Washington, Wisconsin, and ceive a $1,500 prescription drug benefit, lina [Mr. HELMS] was added as a co- Wyoming. Clearly, Mr. President, hav- $150 credit for hearing aids, and dental sponsor of S. 873, a bill to amend the ing this many States without a single coverage. Why do they have these prohibition of title 18, United States county at the national average indi- choices? Because their health plans are Code, against financial transactions cates something is wrong with the sys- reimbursed $519 a month and can afford with state sponsors of international tem. to offer the extra benefits. This dis- terrorism. Second, the Medicare reimbursement parity is not fair—and it must be fixed. SENATE RESOLUTION 92 formula discourages quality health Mr. President, while I am pleased the At the request of Mr. LAUTENBERG, care. Minnesota has consistently been Senate has gone on record in support of the names of the Senator from Okla- recognized throughout the Nation, and my sense-of-the-Senate amendment in- homa [Mr. NICKLES], the Senator from perhaps the world, as one of the most cluded in the budget resolution, we Oregon [Mr. SMITH], the Senator from innovative, efficient, cost, and quality- need to move forward in changing the Virginia [Mr. WARNER], the Senator conscious States in terms of health system. As we begin consideration of from Ohio [Mr. GLENN], the Senator care. Yet, these same traits—which the reconciliation bills, I ask all my from Alaska [Mr. STEVENS], the Sen- should be encouraged, not discour- colleagues to examine this issue care- ator from New Mexico [Mr. DOMENICI], aged—have skewed the Medicare for- fully and restore some equity in this the Senator from Connecticut [Mr. mula against our providers and bene- outdated formula.∑ DODD], the Senator from Nebraska [Mr. ficiaries. We are being penalized for our f HAGEL], the Senator from Louisiana success, while those less efficient [Ms. LANDRIEU], the Senator from States benefit—and have no incentive THE 100TH ANNIVERSARY OF CNA North Carolina [Mr. HELMS], the Sen- to move in our direction. INSURANCE CO. ator from Indiana [Mr. COATS], the Mr. President, I think it is clear to ∑ Mr. DURBIN. Mr. President, I rise Senator from Kentucky [Mr. FORD], the everyone that efficient health care today to recognize the 100th anniver- Senator from West Virginia [Mr. markets have reduced overutilization, sary of CNA Insurance Co., whose head- BYRD], the Senator from Alaska [Mr. eliminated unneeded hospital beds, and quarters are located in the city of Chi- MURKOWSKI], the Senator from Ken- aimed for the highest quality service at cago in my home State of Illinois. tucky [Mr. MCCONNELL], the Senator the lowest price. Urban areas that are CNA is one of the Nation’s largest in- from Nebraska [Mr. KERREY], the Sen- efficient in delivering health care—like surance companies. It employs over ator from Hawaii [Mr. AKAKA], the Sen- Minneapolis, MN—decrease overutiliza- 20,000 people nationwide, 6,000 of whom ator from California [Mrs. BOXER], and tion in the fee-for-service category of live and work in Illinois. It has offices the Senator from Oregon [Mr. WYDEN] Medicare. This reduces the adjusted av- in more than 100 cities and is rep- were added as cosponsors of Senate erage per capita cost [AAPCC] which resented by nearly 80,000 independent Resolution 92, a resolution designating makes it difficult for health plans to insurance agents across the country. July 2, 1997, and July 2, 1998, as ‘‘Na- remain competitive due to the lower CNA has always prided itself on being tional Literacy Day.’’ payment. an innovator in the insurance industry.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5543 When women began to enter the work dent and health insurance, at a time when evolved into ‘‘Golden 65’’, a policy offered di- force in the early 1900’s, CNA was most of its contemporaries offered only acci- rectly to the individual. After the implemen- among the first to offer them accident dent coverage. tation of Medicare in the summer of 1965, Focusing on railroad workers as its initial CNA redesigned Golden 65 to complement the and health coverage. CNA also met the customer base, CNA became the largest in- Medicare plan, while other insurers exited concerns of farmers by developing a surer in Michigan within two years of its the over-65 health insurance field. new product specifically tailored to founding. Despite its rapid growth, the fledg- DEPENDABILITY IN TIMES OF CRISIS their accident and health needs. CNA ling company faced intense competition Dependability in times of crisis is a CNA was one of the first companies to offer from other insurance companies. In light of hallmark. The company refused to exit the worker’s compensation coverage and this, the company underwent two major field of polio insurance at a time when the was one of the first to provide retire- changes. First, it changed its name to the nation was literally crippled by the rampant, ment income annuities for senior citi- more forceful and representative, Conti- dreaded disease. CNA introduced its polio nental Casualty Company. Then, in Sep- coverage the year of the worse polio out- zens before the establishment of Social tember 1900, the company merged with Met- Security. break in two decades. It continued to provide ropolitan Accident Company, a Chicago in- comprehensive and affordable polio coverage CNA has also played a behind-the- surer, and moved its headquarters to Chi- for the duration of the epidemic. scenes role in some of our Nation’s cago. This strategy catapulted the combined The company’s willingness to take on the most memorable events. CNA insured companies to fifth among the nation’s acci- challenge of even the most unusual coverage Presidential candidates Adlai Steven- dent insurers. request has marked its true American spir- son and Dwight Eisenhower against ac- CNA BECOMES AN INDUSTRY LEADER it—bold, enterprising and innovative. Where cidents during their campaigns in 1952 Early in the 20th century, CNA distin- other companies see uninsurable risks, CNA and insured President John F. Ken- guished itself as a leader in the insurance in- sees possibiities—a company trait that has ensured its success and longevity in the in- nedy’s inaugural festivities. It also in- dustry by demonstrating the capacity for discerning new markets and developing inno- surance business. CNA has staunchly stood sured the Beatles’ 1965 Shea Stadium behind Americans in all manner of pursuits performance for the Ed Sullivan Show vative products. When women began to enter the work force, CNA was among the first to and ventures, these past 100 years. CNA insured presidential hopefuls Adlai and the Apollo 16 astronauts’ 1972 provide them with accident and health cov- Stevenson and Dwight Eisenhower against flight to the moon. erage. As agricultural production expanded, accidents during their campaign trips in Mr. President, I ask to have printed CNA devised new products specifically 1952. When John F. Kennedy was inaugurated in the RECORD a more detailed history geared to farmers’ accident and health con- as the nation’s 35th president, CNA provided of CNA that was recently prepared by cerns. CNA reinforced its position at the fore- liability coverage for the ceremonial activi- the company and I would like to con- ties. In 1965, President Lyndon B. Johnson front of the industry in 1910 by expanding be- gratulate CNA for 100 years of insuring asked CNA to write the bond for the train yond accident and health into different lines that stood waiting in case emergency evacu- America. I hope that during the next of insurance such as liability, auto insurance ation was necessary during Martin Luther 100 years, CNA continues its record of and burglary. In 1911, the company entered King’s civil rights protest march to Mont- success and remains a leader in the in- the life insurance field by forming the Conti- gomery, Alabama. The 1968 Democratic Con- surance industry. nental Assurance Company. In 1915, CNA vention in Chicago was covered by CNA’s li- The material follows: began offering workers’ compensation cov- ability insurance. A TRIBUTE TO CNA IN CELEBRATION OF ITS erage as factories employed more people to A special CNA reinsurance policy covered CENTENNIAL increase output for the World War I effort. the cancellation or postponement of the 1965 CNA Stands for Commitment, 1897–1997 Policies combining multiple lines of insur- Shea Stadium performance of the Beatles for ance proved successful, particularly as auto- the Ed Sullivan show. The Apollo 16 astro- INTRODUCTION mobiles—and accidents involving auto- CNA, one of the country’s largest commer- nauts were insured in case of accidental mobiles—became commonplace. Motorist death on their 1972 flight to the moon. cial insurance groups, is celebrating one coverage insured both the driver and any Little League teams around the country hundred years of commitment and service to persons injured or property damage. have enjoyed CNA protection since 1948, as the American people both at home and The growth of an affluent American mid- have Indianapolis 500 drivers, pit crews and abroad. Since 1897, whenever America has dle-class meant increased incidents of theft. race officials. The American athletes com- sought a sense of security, CNA has been Property owners’ concerns were met by peting in the 1952 Helsinki Olympic games there, anticipating that need and forging its CNA’s wide range of burglary insurance— were insured by CNA. Water events at the reputation as an industry innovator. Rail- protecting against bank robberies, home 1996 Atlanta Olympics were covered by road workers, teachers, movie stars, ath- break-ins and safe deposit box theft. MOAC, CNA’s marine unit. letes, even U.S. Presidents have depended on GROUPS AND ASSOCIATIONS CNA CARES ABOUT COMMUNITY CNA’s protection against both expected risks By the early 1920s, the flourishing com- and unforeseen dangers. CNA’s commitment to its employees, its pany was operating in every state and terri- Since its modest beginnings in Detroit, clients, and the American people extends far tory of the United States, as well as every Michigan, with $100,000 in capital stock and beyond insurance. The company encourages province in Canada. That decade also a $60,000 surplus, CNA has become one of the and subsidizes both employees and CNA lead- marked the beginning of CNA’s pioneering largest property/casualty insurers in the na- ership in community projects. In the 1920’s, relationship with associations, a relationship tion, with over $60 billion in assets. Origi- the company sought to enrich the lives of its that has lasted until the present day and has nally operating out of a two-room office with employees through its Continental Welfare played a significant role in CNA’s rise to the 15 employees, CNA today occupies some 400 Association which offered disability pen- upper echelon of insurance companies. sions, life insurance and retirement pen- office sites in over 100 cities and employs CNA is credited with the first teachers as- over 20,000 people nationwide. Now sions. sociation group policy, written for the Cleve- Later, during World War II, the employees headquartered in Chicago, CNA directly em- land Teachers Association in 1921. CNA in- reached out to help in the war effort. CNA ploys more than 6,000 people in Illinois alone. sured the American Society of Civil engi- employees organized their own chapter of Almost 80,000 agents currently represent neers in 1945, becoming the first insurer to the Red Cross, calling it the Continental Red CNA throughout the United States, testa- successfully install a group plan for a na- Cross. By the midpoint of the war, Conti- ment to the company’s successful alliance tionwide association. Teaming up with the nental employees had invested $232,418 in with independent agents. American Camping Association in the 1950s, war bonds. CNA’s exemplary accomplishment—a cen- CNA initiated an educational campaign to Today, in more peaceful times, CNA and tury culminating in financial stability and promote camp safety and insure campers. its employees have dedicated time and re- preeminence in the industry—attests to its Camp insurance led to the formation of sources toward the education of the nation’s history of astute leadership, integrity and ‘‘PONY,’’ Protect Our Nation’s Youth, a youth. In the early 1980’s, CNA sponsored Il- commitment to quality service. youth program offering medical expense re- linois’ first math contest. With the Chicago THE FOUNDING imbursement from kindergarten through col- Urban League, the Chicago Board of Edu- Collins Hubbard, CNA’s founder, set the lege. cation, and the Illinois Council of Teachers course of perceptive leadership that has CNA has also demonstrated unwavering of Mathematics CNA developed guided CNA to the top of the insurance in- commitment to the nation’s retirement-age MATHCOUNTS, a model math tutorial pro- dustry. Calling together several of his col- population. In the 1930s, before compulsory gram. The program quickly garnered nation- leagues, Hubbard proposed a company that Social Security, the company was among the wide attention. By 1984, MATHCOUNTS had would insure America’s working class first to offer retirement income annuities. by evolved into the country’s first nationwide against unexpected disasters. The Conti- 1955, CNA had developed the first group math contest boasting as cosponsors the Na- nental Assurance Company of North Amer- health plan for those over 65. Originally con- tional Society of Professional Engineers, the ica, as CNA was then known, provided cov- ceived as a group medical insurance plan for National Council of Teachers of Mathe- erage with an innovative twist: both acci- retired teachers associations, the plan matics, the National Aeronautics and Space

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5544 CONGRESSIONAL RECORD — SENATE June 11, 1997 Administration, and the U.S. Department of graduated magna cum laude at St. While those of us from the Midwest Education. Lawrence University where she earned will never forget the destruction CNA’s investment in the nation’s future— her bachelor’s degree. She received her wrought by this year’s snowstorms and its children—is evident in CNA’s involve- doctorate from Columbia University in floods, I have been heartened to wit- ment with the Leadership for Quality Edu- cation, a coalition of business and civil lead- 1975, where she won the prestigious ness firsthand and hear accounts of ers working to improve the Chicago school Hammett Award in chemistry. Karen South Dakotans coming together with- system. OUt of this, CNA created Project was also a National Institutes of in their community to protect homes, Participate, providing paid time off, re- Health trainee at the Institute of Can- farms, and entire towns from vicious sources and training to employees wishing to cer Research, Columbia University Col- winter weather and rising flood waters. run for Chicago’s Local School Councils. lege of Physicians and Surgeons, also The selfless actions of Bob Bellack and CNA has also adopted Chicago’s Mark Skin- in 1975. One year later she joined the Ron Heumiller illustrate the resolve ner School as part of the Chicago Board of faculty of Dartmouth College, in Han- within South Dakotans to help our Education’s Adopt-A-School Program. over, NH. neighbors in times of trouble. CONCLUSION Karen also had an instrumental role Mr. President, there is much more to CNA stands for a century of commitment, in making Dartmouth’s sciences and be done to rebuild and repair our im- stability and financial strength. Entering administration more representative of pacted communities. Bob Bellack, Ron the final years of the 10th century, the com- the changing faces in the college com- pany prepared for the 21st century in typical Heumiller, and the individuals at the munity. While in Hanover, she co- McCook County Highway Department CNA fashion—it acquired the Continental In- founded Dartmouth’s women in science surance Company in 1995. This merger, the illustrate how the actions of a commu- most significant property/casualty insurance project, which was aimed at increasing nity can bring some relief to the vic- merger in the last 25 years, expanded CNA’s the number of women majoring and tims of this natural disaster, and I ask scope—elevating its presence worldwide, add- taking courses in the sciences. you to join me in thanking them for Mr. President, Dr. Wetterhahn ing new specialty operations and pooling the their selfless efforts.∑ considerable talent and resources of both worked to make the world a better companies. place, and she will be truly missed by f As the new millennium approaches, all of us who knew and worked with RECOGNITION OF LORI RUSSELL unfathomable leaps in technology, social her. Researchers like the late Karen AND BARB NAVRISKY’S ASSIST- transformations and economic upheaval are Wetterhahn are important to the fu- ANCE DURING THE FLOODS OF as much a source of apprehension today as in 1897. CNA saw the birth of a new century ture of New Hampshire and the future 1997 ∑ that brought with it several wars, a severe of this Nation. ∑ Mr. JOHNSON. Mr. President, I want economic depression, fantastic advances in f to take this opportunity today to rec- modes of travel and communication, social RECOGNITION OF BOB BELLACK ognize the important work of Lori Rus- change and natural disasters. It has met the sell and Barb Navrisky in ongoing flood challenges of the past 100 years and stands AND RON HEUMILLER’S ASSIST- poised for another century, confident of its ANCE DURING THE NATURAL recovery efforts in the Dakotas. continued success based on its core values: DISASTERS OF 1997 Early this year, residents of Min- nesota, North Dakota, and South Da- commitment, stability and financial ∑ Mr. JOHNSON. Mr. President, I want ∑ kota experienced relentless snow- strength. to take this opportunity today to rec- storms and bitterly cold temperatures. f ognize the important work of two Snowdrifts as high as buildings, roads McCook County Highway Department TRIBUTE TO THE MEMORY OF with only one lane cleared, homes employees, Bob Bellack and Ron KAREN E. WETTERHAHN, PH.D. without heat for days, hundreds of Heumiller, in ongoing disaster recovery ∑ Mr. SMITH of New Hampshire. Mr. efforts in South Dakota. thousands of dead livestock, and President, I rise today to pay tribute Early this year, residents of Min- schools closed for a week at a time to the memory of the late Dr. Karen E. nesota, North Dakota, and South Da- were commonplace. As if surviving the Wetterhahn of Lyme, NH. Karen was an kota experienced relentless snow- severe winter cold was not challenge Albert Bradley third century professor storms and bitterly cold temperatures. enough, residents of the Upper Midwest in the sciences at Dartmouth College, Snowdrifts as high as buildings, roads could hardly imagine the extent of who died of mercury poisoning on June with only one lane cleared, homes damage Mother Nature had yet to in- 8 while working on the cutting edge of without heat for days, hundreds of flict with a 500-year flood. Record lev- the scientific and academic commu- thousands of dead livestock, and els on the Big Sioux River and Lake nities. schools closed for a week at a time Kampeska forced over 5,000 residents of Karen, a research chemist of inter- were commonplace. As if surviving the Watertown, SD to evacuate their national reputation, spanned the fields severe winter cold was not challenge homes and left over one-third of the of inorganic chemistry, biochemistry, enough, residents of the Upper Midwest city without sewer and water for 3 and chemical toxicology. Sometime could hardly imagine the extent of weeks. The city of Bruce, SD was com- last year while working with dimethyl damage Mother Nature had yet to in- pletely underwater when record low mercury, she came in contact with and flict with a 500-year flood. Record lev- temperatures turned swollen streams received mercury poisoning during her els on the Big Sioux River and Lake into sheets of ice. studies of mercury toxicity. A dedi- Kampeska forced over 5,000 residents of The 50,000 residents of Grand Forks, cated member of the Dartmouth com- Watertown, SD, to evacuate their ND and 10,000 residents of East Grand munity, her work involved under- homes and left over one-third of the Forks, MN were forced to leave their standing how elevated levels of the ele- city without sewer and water for 3 homes and businesses as the Red River ments known as heavy metals, which weeks. The city of Bruce, SD was com- overwhelmed their cities in April. The include chromium, lead, and arsenic, pletely underwater when record low devastation was astounding; an entire interfere with the processes of cell me- temperatures turned swollen streams city underwater and a fire that gutted tabolism and the transfer of genetic in- into sheets of ice. a majority of Grand Forks’ downtown. formation. At the height of the snowstorms in Residents of both cities recently were Karen not only shaped the work in- South Dakota, Bob Bellack and Ron allowed to return to what is left of side her laboratory but in the class- Heumiller drove snowplows at 3 to 4 their homes, and the long and difficult room as well. Dr. Wetterhahn helped to miles per hour and in zero visibility to process of rebuilding shattered lives is develop curriculum in the life science open roads for rescue and emergency just beginning. area know as structural biology, which medical crews. Wind gusts of 40 miles Barb Navrisky lived through the 1972 studies the structure of biologically ac- per hour dropped the temperature to flash flood that killed hundreds of peo- tive molecules such as DNA, RNA, and nearly 70 degrees below zero as the ple in Rapid City, SD. She knows what proteins to learn how they function. medical crews followed Bob and Ron her North Dakota neighbors are cur- She was born in Plattsburgh, NY, in for 263 miles to rescue families without rently experiencing. Lori Russell 1948 and graduated from St. Mary’s heat and stranded motorists from all knows the devastation all too well. Her High School in Champlain, NY. Karen over the county. parents, Eman and Leona Hejlik, live

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5545 in Grand Forks and lost their home in water, a number of communities saw The individuals of Gateway 2000 do- the flood. That’s why both Barb and their defenses washed away in the nated 17 computers to Grand Forks to Lori mobilized the city of Box Elder, record levels of flooding. The costs of assist city hall in resuming everyday SD and collected clothing, cleaning preparing for, and ultimately cleaning operations. These computers enabled supplies, food, and toys for flood vic- up after, these natural disasters the mayor and Grand Forks officials to tims in Grand Forks. Lori and Barb’s strained municipal budgets and threat- coordinate flood relief efforts through- relief effort included the mayor of Box ened other flood recovery programs. out the disaster. Elder, Dave Kinser, raising $200 in do- Milbank attorney Leo Flynn came to While those of us from the Midwest nations for a Grand Forks resident who the assistance of a number of counties will never forget the destruction lost everything. Students from area and towns by donating $280,000 to help wrought by this year’s floods, I have high schools and elementary schools local governments cover the costs of been heartened to witness first-hand also helped by collecting cleaning sup- blizzards and flooding. and hear accounts of South Dakotans plies and food items. While those of us from the Midwest coming together within their commu- While those of us from the Midwest will never forget the destruction nity to protect homes, farms, and en- will never forget the destruction wrought by this year’s floods, I have tire towns from rising flood waters. wrought by this year’s floods, I have been heartened to witness firsthand The selfless actions of the individuals been heartened to witness firsthand and hear accounts of South Dakotans from Gateway 2000 illustrate the re- and hear accounts of South Dakotans coming together within their commu- solve within South Dakotans to help coming together within their commu- nity to protect homes, farms, and en- our neighbors in times of trouble. nity to protect homes, farms, and en- tire towns from rising flood waters. Mr. President, there is much more to tire towns from rising flood waters. The selfless actions of individuals like be done to rebuild and repair Grand The selfless actions of people like Lori Leo Flynn illustrate the resolve within Forks and other impacted commu- Russell and Barb Navrisky illustrate South Dakotans to help our neighbors nities. These individuals illustrate how in times of trouble. the resolve within South Dakotans to the actions of a community can bring Mr. President, there is much more to help our neighbors in times of trouble. some relief to the victims of this nat- Mr. President, there is much more to be done to rebuild and repair impacted communities. Leo Flynn illustrates ural disaster, and I ask you to join me be done to rebuild and repair Grand in thanking them for their selfless ef- Forks and other impacted commu- how the actions of an individual can ∑ bring some relief to the victims of this forts. nities. Lori Russell and Barb Navrisky natural disaster, and I ask you to join illustrate how two individuals can me in thanking him for his selfless ef- f bring some relief to the victims of this forts.∑ natural disaster, and I ask you to join f RECOGNITION OF KEVN TELE- me in thanking them for their selfless VISION’S ASSISTANCE DURING ∑ efforts. RECOGNITION OF GATEWAY 2000’S THE FLOODS OF 1997 ASSISTANCE DURING THE f ∑ FLOODS OF 1997 Mr. JOHNSON. Mr. President, I want RECOGNITION OF THE ASSISTANCE to take this opportunity today to rec- ∑ OF LEO FLYNN DURING THE Mr. JOHNSON. Mr. President, I want ognize the important work of individ- FLOODS OF 1997 to take this opportunity today to rec- uals at KEVN–TV in Rapid City, SD, in ognize the individuals of Gateway 2000 ∑ Mr. JOHNSON. Mr. President, I want ongoing flood recovery efforts in the of North Sioux City, SD in ongoing to take this opportunity today to rec- Dakotas. flood recovery efforts in the Dakotas. Early this year, residents of Min- ognize the important work of Leo Early this year, residents of Min- nesota, North Dakota, and South Da- Flynn in ongoing flood recovery efforts nesota, North Dakota, and South Da- kota experienced relentless snow- in the Dakotas. kota experienced relentless snow- Early this year, residents of Min- storms and bitterly cold temperatures. storms and bitterly cold temperatures. nesota, North Dakota, and South Da- Snowdrifts as high as buildings, roads Snowdrifts as high as buildings, roads kota experienced relentless snow- with only one lane cleared, homes with only one lane cleared, homes storms and bitterly cold temperatures. without heat for days, hundreds of without heat for days, hundreds of Snowdrifts as high as buildings, roads thousands of dead livestock, and thousands of dead livestock, and with only one lane cleared, homes schools closed for a week at a time schools closed for a week at a time without heat for days, hundreds of were commonplace. As if surviving the were commonplace. As if surviving the thousands of dead livestock, and severe winter cold was not challenge severe winter cold was not challenge schools closed for a week at a time enough, residents of the Upper Midwest enough, residents of the Upper Midwest were commonplace. As if surviving the could hardly imagine the extent of could hardly imagine the extent of severe winter cold was not challenge damage Mother Nature had yet to in- damage Mother Nature had yet to in- enough, residents of the upper Midwest flict with a 500-year flood. Record lev- flict with a 500-year flood. Record lev- could hardly imagine the extent of els on the Big Sioux River and Lake els on the Big Sioux River and Lake damage Mother Nature had yet to in- Kampeska forced over 5,000 residents of Kampeska forced over 5,000 residents of flict with a 500-year flood. Record lev- Watertown, SD, to evacuate their Watertown, SD, to evacuate their els on the Big Sioux River and Lake homes and left over one-third of the homes and left over one-third of the Kampeska forced over 5,000 residents of city without sewer and water for 3 city without sewer and water for 3 Watertown, SD to evacuate their weeks. The city of Bruce, SD, was com- weeks. The city of Bruce, SD, was com- homes and left over one-third of the pletely underwater when record low pletely underwater when record low city without sewer and water for 3 temperatures turned swollen streams temperatures turned swollen streams weeks. The city of Bruce, SD was com- into sheets of ice. into sheets of ice. pletely underwater when record low The 50,000 residents of Grand Forks, The 50,000 residents of Grand Forks, temperatures turned swollen streams ND, and 10,000 residents of East Grand ND, and 10,000 residents of East Grand into sheets of ice. Heavy winter snows Forks, MN, were forced to leave their Forks, MN, were forced to leave their forced Big Stone Lake, along the South homes and businesses as the Red River homes and businesses as the Red River Dakota and Minnesota border, to 9 feet overwhelmed their cities in April. The overwhelmed their cities in April. The above flood level. The rising waters devastation was astounding; an entire devastation was astounding; an entire drove 40 families from their homes and city underwater and a fire that gutted city underwater and a fire that gutted caused vast amounts of damage. a majority of Grand Forks’ downtown. a majority of Grand Forks’ downtown. Many South Dakota communities Residents of both cities recently were Residents of both cities recently were prepared for the floods by constructing allowed to return to what is left of allowed to return to what is left of makeshift dikes around homes and their homes, and the long and difficult their homes, and the long and difficult neighborhoods. While some of these process of rebuilding shattered lives is process of rebuilding shattered lives is barriers held up against the rising just beginning. just beginning.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5546 CONGRESSIONAL RECORD — SENATE June 11, 1997 KEVN–TV aired a live fundraiser KOTA Radio aired a live, 2-day fund- process of rebuilding shattered lives is that collected over $53,000 for flood vic- raiser that collected over $16,000 for just beginning. tims in Grand Forks. Many families es- flood victims in Grand Forks. Many Emm Bauman initiated a series of caped rising flood waters in the dead of families escaped rising flood waters in coffee parties in Aberdeen 25 years ago night, often with only the clothes on the dead of night, often with only the that raised $5,000 for victims of the their back, and ultimately lost every- clothes on their back, and ultimately flash flood that killed hundreds of peo- thing in their homes. The money do- lost everything in their homes. The ple in Rapid City, SD. Each participant nated by KEVN–TV viewers will help money donated by KOTA listeners will paid a minimum of $1 and then hosted families rebuild their lives. help families rebuild their lives. a smaller party of her own until there While those of us from the Midwest While those of us from the Midwest was no one left to host. Once again, will never forget the destruction will never forget the destruction Emm mobilized fellow members of wrought by this year’s floods, I have wrought by this year’s floods, I have Betta Sigma Phi to host a series of been heartened to witness firsthand been heartened to witness first-hand Friendship Vanishing Coffee Parties in and hear accounts of South Dakotans and hear accounts of South Dakotans hopes of raising another $5,000 for coming together within their commu- coming together within their commu- Grand Forks flood victims. The money nity to protect homes, farms, and en- nity to protect homes, farms, and en- will help families who lost everything tire towns from rising floodwaters. The tire towns from rising flood waters. in the devastating floods rebuild their selfless actions of the individuals at The selfless actions of the individuals lives. KEVN–TV illustrate the resolve within at KOTA Radio illustrate the resolve While those of us from the Midwest South Dakotans to help our neighbors within South Dakotans to help our will never forget the destruction in times of trouble. neighbors in times of trouble. wrought by this year’s floods, I have Mr. President, there is much more to Mr. President, there is much more to been heartened to witness first-hand be done to rebuild and repair Grand be done to rebuild and repair Grand and hear accounts of South Dakotans Forks and other impacted commu- Forks and other impacted commu- coming together within their commu- nities. The individuals at KEVN–TV in nities. The individuals at KOTA Radio nity to protect homes, farms, and en- Rapid City illustrate how the actions in Rapid City illustrate how the ac- tire towns from rising flood waters. of a community can bring some relief tions of a community can bring some The selfless actions of people like Emm to the victims of this natural disaster, relief to the victims of this natural dis- Bauman and members of Beta Sigma and I ask you to join me in thanking aster, and I ask you to join me in Phi illustrate the resolve within South them for their selfless efforts.∑ thanking them for their selfless ef- Dakotans to help our neighbors in forts.∑ times of trouble. f Mr. President, there is much more to RECOGNITION OF KOTA RADIO’S f be done to rebuild and repair Grand ASSISTANCE DURING THE RECOGNITION OF EMM BAUMAN Forks and other impacted commu- FLOODS OF 1997 AND BETA SIGMA PHI’S ASSIST- nities. Emm Bauman and the members ∑ Mr. JOHNSON. Mr. President, I want ANCE DURING THE FLOODS OF of Betta Sigma Phi illustrate how indi- to take this opportunity today to rec- 1997 viduals can bring some relief to the ognize the important work of individ- ∑ Mr. JOHNSON. Mr. President, I want victims of this natural disaster, and I uals at KOTA Radio in Rapid City, SD, to take this opportunity today to rec- ask you to join me in thanking them ∑ in ongoing flood recovery efforts in the ognize the important work of Emm for their selfless efforts. Dakotas. Bauman and Rapid City’s Beta Sigma f Early this year, residents of Min- Phi chapters in ongoing flood recovery BIRTH DEFECTS PREVENTION ACT nesota, North Dakota, and South Da- efforts in the Dakotas. ∑ Mr. FRIST. Mr. President, vitamin kota experienced relentless snow- Early this year, residents of Min- supplements containing the B vitamin storms and bitterly cold temperatures. nesota, North Dakota, and South Da- folic acid, have been proven to prevent Snowdrifts as high as buildings, roads kota experienced relentless snow- common and disabling birth defects, with only one lane cleared, homes storms and bitterly cold temperatures. including spina bifida and anencephaly, without heat for days, hundreds of Snowdrifts as high as buildings, roads if taken daily before and in the early thousands of dead livestock, and with only one lane cleared, homes days after conception. This vitamin schools closed for a week at a time without heat for days, hundreds of could prevent six to nine cases of these were commonplace. As if surviving the thousands of dead livestock, and birth defects per day, saving $245 mil- severe winter cold was not challenge schools closed for a week at a time lion per year in the United States. enough, residents of the Upper Midwest were commonplace. As if surviving the On June 10, 1997, the March of Dimes could hardly imagine the extent of severe winter cold was not challenge Birth Defects Foundation released a damage Mother Nature had yet to in- enough, residents of the Upper Midwest new nationwide survey which shows flict with a 500-year flood. Record lev- could hardly imagine the extent of that while more American women of els on the Big Sioux River and Lake damage Mother Nature had yet to in- childbearing age have heard of folic Kampeska forced over 5,000 residents of flict with a 500-year flood. Record lev- acid, the proportion of women actually Watertown, SD, to evacuate their els on the Big Sioux River and Lake taking a multivitamin on a daily basis homes and left over one-third of the Kampeska forced over 5,000 residents of remains low. Only 32 percent of women city without sewer and water for 3 Watertown, SD, to evacuate their ages 18 to 45 take a daily multivitamin weeks. The city of Bruce, SD, was com- homes and left over one-third of the containing folic acid. pletely underwater when record low city without sewer and water for 3 Awareness of folic acid jumped 14 temperatures turned swollen streams weeks. The city of Bruce, SD, was com- percentages points over the 2-year pe- into sheets of ice. pletely underwater when record low riod, from 52 percent of women in 1995 The 50,000 residents of Grand Forks, temperatures turned swollen streams to 66 percent in 1997. However, women ND, and 10,000 residents of East Grand into sheets of ice. under age 25 are the least likely to con- Forks, MN, were forced to leave their The 50,000 residents of Grand Forks, sume vitamins daily, with only 23 per- homes and businesses as the Red River ND and 10,000 residents of East Grand cent reporting that they do so, and this overwhelmed their cities in April. The Forks, MN were forced to leave their age group accounts for 39 percent of all devastation was astounding; an entire homes and businesses as the Red River births in the United States. It is be- city underwater and a fire that gutted overwhelmed their cities in April. The cause of these statistics that I encour- a majority of Grand Forks’ downtown. devastation was astounding; an entire age my colleagues to vote for S. 419, Residents of both cities recently were city underwater and a fire that gutted the Birth Defects Prevention Act of allowed to return to what is left of a majority of Grand Forks’ downtown. 1997. their homes, and the long and difficult Residents of both cities recently were This legislation would establish a na- process of rebuilding shattered lives is allowed to return to what is left of tional birth defects surveillance, re- just beginning. their homes, and the long and difficult search, and prevention system. This

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5547 system would include research projects an employer may not use the fact of an Skyshow and Jaffery’s Festival of Fire- for the prevention of neural tube de- individual’s sexual orientation as the works. Atlas won the North American fects, one-half of which could be pre- basis for positive or negative action Pyrotechnics Competition in 1994 and vented if women of child bearing age against that individual in employment was the United States representative consumed a small amount of folic acid opportunities. Americans should not be at the 1995 Benson and Hedges Inter- daily. In addition, this legislation promoted, nor should they be held national Pyrotechnics Competition in would set up public education pro- back, by conditions that have nothing Montreal, Canada. grams to teach more women about the to do with merit, or talents and abili- Atlas will light the sky over the Na- importance of folic acid to the health ties. tion’s Capital with more than 3,000 of their children. Employment discrimination ob- shells in 20 minutes. The entire show And so together with the March of structs opportunity for America’s will be digitally synchronized to patri- Dimes I encourage my colleagues to workers. If there is any objective that otic music of Copeland, Gershwin, ∑ pass this important legislation. should command complete American Bernstein, and Eubie Blake. f consensus, it is ensuring that every American has the chance to succeed— In addition to this year’s fireworks EMPLOYMENT NON- display on the Mall in Washington DC, DISCRIMINATION ACT and that, in the final analysis, is what this bill is about. No issue is more crit- the National Park Service has also ∑ Ms. MOSELEY-BRAUN. Mr. Presi- ical to our country, and nothing makes awarded Atlas the prestigious Harper’s dent, our Nation benefits when every a bigger difference in a person’s life Ferry Historical Park display on June citizen has the opportunity to con- than opening up opportunities. 28, at Harper’s Ferry, WV. tribute to the best of his or her ability The basic principle we should keep in I commend Atlas for their hard work to the economy, to the society, and to mind is that every American must and dedication that has earned them the country. Discrimination, in any have the opportunity to advance as far such prestigious awards. I applaud the form, prevents the utilization of all in their field as their hard work will people of Atlas for their accomplish- available talents and makes our future take them. That is the American way. ments in bringing joy to the American less bright than it could be—less bright Gay and lesbian Americans should not public. I wish them a very happy than it should be. It is for this reason have to face discrimination in the Fourth of July.∑ that I join my colleagues, Senator KEN- workplace, should not face dismissal, NEDY, Senator JEFFORDS, and Senator be denied promotions, or experience f LIEBERMAN, in cosponsoring the Em- harassment, simply because of their ployment Non-Discrimination Act sexual orientation. COMPREHENSIVE TEST BAN [ENDA]. In endorsing the Employment Non- TREATY The Employment Non-Discrimina- Discrimination Act in the 104th Con- tion Act prohibits employment dis- gress the American Bar Association ∑ Mr. KOHL. Mr. President, I rise crimination based on sexual orienta- wrote: today in support of the Comprehensive tion. It creates no special rights, or Over the years, and with some struggle, Test Ban Treaty [CTBT]. Along with quotas, it merely ensures that gay and this nation has extended employment dis- many of my colleagues, I call upon the lesbian Americans have the same crimination protection to individuals on the Senate to ratify this important treaty rights as every other American in the basis of race, religion, gender, national ori- which will help to prevent the pro- workplace. gin, age, and disability. ENDA takes the liferation of nuclear weapons, improve Employment discrimination impedes next necessary step by extending this same the environment in which we live, save economic competitiveness, frustrates basic protection to another group that has billions of dollars, and enhance the se- fairness, and obstructs opportunity. been vilified and victimized—gay men, les- curity of our Nation. Employment discrimination impedes bians, and bisexuals. All workers, regardless of their sexual orientation, are entitled to be The CTBT prohibits all nuclear test economic competitiveness for Amer- judged on the strength of the work they do; explosions worldwide. The treaty es- ica’s businesses. Our work force is what they should not be deprived of their liveli- tablishes an international agency to makes America strong. Discrimination hood because of the prejudice of others. coordinate nuclear policy and verify only serves to lessen that strength. This is an eloquent statement of one test ban compliance through an Inter- Many companies have already adopted of the fundamental tenets of the national Monitoring System, onsite in- their own antidiscrimination policies, United States of America—equal oppor- spections, consultation and clarifica- recognizing the negative impact dis- tunity for all. This Nation was founded tion, and confidence-building meas- crimination can have on their con- by people fleeing prejudice and dis- ures. The treaty is quite simple, really, tinuing competitiveness. These busi- crimination. ENDA continues that leg- and it is something that Americans nesses understand that there is no acy. have wanted for a long time. place for discrimination as we transi- As a matter of fundamental fairness ‘‘The conclusion of such a treaty tion into the 21st century’s global and because all workers should be enti- * * * would check the spiraling arms workplace. tled to legal protection and oppor- race in one of its most dangerous areas. Unfortunately, not all businesses un- tunity in the work force, I urge my col- It would place nuclear powers in a posi- derstand this yet, and in 39 States, em- leagues to join me in supporting the tion to deal more effectively with one ployment discrimination based on sex- Employment Non-Discrimination Act.∑ ual orientation is still legal. There are of the great hazards which man faces f many documented cases highlighting * * * the further spread of nuclear the fact that discrimination in the TRIBUTE TO ATLAS ADVANCED arms. It would increase our security; it workplace still occurs. Without na- PYROTECHNICS, RECENT WINNER would decrease the prospects of war. tional legislation to protect all Ameri- OF THE NATIONAL PARK SERV- Surely this goal is sufficiently impor- cans, cases of discrimination against ICE’S 1997 INDEPENDENCE DAY tant to require our steady pursuit, gay men and lesbian women will con- AERIAL FIREWORKS DISPLAY yielding neither to the temptation to tinue to occur unchallenged and busi- ∑ Mr. SMITH of New Hampshire. Mr. give up the whole effort nor the temp- nesses, and thus our national economy, President, I rise today to pay tribute tation to give up our insistence on will continue to suffer. to Atlas Advanced Pyrotechnics, the vital and responsible safeguards.’’ Employment discrimination is fun- Granite State’s largest pyrotechnics Those words, so appropriate today, damentally unfair. Each of us should design firm, on winning the National were spoken 34 years ago by President be allowed to fully participate in soci- Park Service’s 1997 Independence Day John F. Kennedy, in an historic speech ety, regardless of our gender, race, or aerial fireworks display, to be held at American University. In that sexual orientation. ENDA prohibits July 4 by the Washington Monument in speech, the President announced the giving preferential treatment to any Washington, DC. beginning of high-level discussions individual based on sexual orientation. Atlas Advanced Pyrotechnics is well among the United States, the Union of Employers may not provide special known in the New Hampshire commu- Soviet Socialist Republics, and the treatment to gay men, lesbians, or nity for some of their spectacular United Kingdom regarding ‘‘a com- heterosexuals. The bill provides that shows like the annual Rock 101 prehensive test ban treaty.’’ Even then,

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5548 CONGRESSIONAL RECORD — SENATE June 11, 1997 long before the demise of the Soviet moment to individually recognize each GRASSLEY, LOTT, NICKLES, and BAUCUS Union rendered the United States the of the Michigan elementary and middle for several months this spring to de- sole remaining superpower, President schools, and the dedicated principals velop a comprehensive, bipartisan es- Kennedy and many others recognized under whose leadership these schools tate tax relief bill. This effort led to the dangers inherent in nuclear test- have thrived, for entry into the CON- the introduction of a bipartisan bill, ing, and the many benefits of a test GRESSIONAL RECORD. called the Estate Tax Relief for the ban. Anna M. Joyce Elementary School, American Family Act of 1997 (S. 479), A test ban will curb the spread of nu- Detroit, MI, Mr. Leslie Brown, prin- which includes a number of important clear weapons, helping to keep them cipal. provisions including proposals to in- out of the hands of rogue states and Brace-Lederle Elementary School, crease the unified estate and gift tax terrorists. A test ban will mean that Southfield, MI, Dr. Bobbie K. Hentrel, exemption and to target additional children do not have to grow up in principal. support for family-owned and operated areas contaminated by nuclear explo- Grand View Elementary School, businesses. Most of the changes rec- sions. A test ban will mean that money Grandville, MI, Mr. Rich Doyle, prin- ommended in this legislation are long- spent on maintaining test sites and cipal. overdue, and I will work with my col- running tests—hundreds of millions of Lincoln Park Elementary School, leagues to include them in revenue leg- dollars a year in the United States Norton Shores, MI, Ms. Tresea Goff, islation this Congress. alone—could be spent on education, principal. I have decided to add my name as a health, and other priorities of the Pine Tree Elementary School, Lake cosponsor of S. 479 because I support American people. In short, a nuclear Orion, MI, Mrs. Beverly Tepper, prin- the primary thrust and goals of this test ban will enhance the military, po- cipal. initiative. I want to send a reminder to litical, and economic security of our Roguewood School, Rockford, MI, those calling for tax cuts that estate Nation. That’s why President Clinton Mrs. Sharon Bennett, principal. tax relief for family businesses is not a has signed and 158 countries in the Troy Union Elementary School, partisan issue. It is important for the United Nations have endorsed the Com- Troy, MI, Dr. Ronald J. O’Hara, prin- survival of our Nation’s family busi- prehensive Test Ban Treaty. That is cipal. nesses, and it should be included in the also why 80 percent of Americans are Educating our children is no simple balanced budget tax relief package now calling upon us to ratify it. task, and everyone involved with the being drafted in Congress. When President Kennedy began test success of these blue ribbon schools de- Although I am adding my name as a ban negotiations 34 years ago, he was serves to feel a great sense of pride. On cosponsor to signal a bipartisan desire realistic about the challenges in nego- behalf of all my fellow Senators I ex- to pass some estate tax relief, I do tiating with the Soviet Union. He said, tend to the staff, students, and parents want to see one provision of this bill ‘‘Our hopes must be tempered with the of each of these communities my most changed. The cut in the estate tax rate caution of history, but with our hopes sincere congratulations and best wish- for estates in the $2.5 million to $11 go the hopes of all mankind.’’ Today, es for the even brighter future that million range is, I believe, excessive. I Mr. President, history and hope are on awaits them.∑ would prefer to use the money avail- our side. Now is the time to conclude f able for estate tax reduction for a larg- the Comprehensive Test Ban Treaty. ESTATE TAX LAWS MUST BE er exemption at the bottom rather Now is our chance to fulfill the hopes REFORMED than additional tax breaks at the top. of all mankind.∑ But I hope that when estate tax relief ∑ Mr. DORGAN. Mr. President, I want f is enacted that the work we have done Congress to act decisively to stop our together will contribute to helping MICHIGAN’S 1997 BLUE RIBBON estate tax laws from hindering the family businesses and family farms and SCHOOLS transfer of family businesses and fam- ranches to be passed on to the children ∑ Mr. ABRAHAM. Mr. President, I rise ily farms and ranches to the next gen- who will continue to operate them.∑ eration. These family enterprises are today in tribute of seven truly excep- f tional educational institutions in my the major creators of new wealth and State of Michigan. On Friday, May 23, new jobs in this country. Yet in far too THANKING THE LANGUAGE SERV- the U.S. Department of Education an- many cases, our estate tax laws force ICES SECTION OF THE CONGRES- nounced the recipients of the 1997 Blue the children and grandchildren who in- SIONAL RESEARCH SERVICE FOR Ribbon School Awards. It gives me herit a modestly sized family business ITS SUPPORT TO THE SENATE great pleasure to recognize today be- to sell it, or a large part of it, to pay BANKING COMMITTEE fore my colleagues each of these off huge estate taxes. I want our tax ∑ Mr. D’AMATO. Mr. President, I rise schools and commend them on this laws to assist the transfer of family en- today to thank the language services prestigious award. terprises so they can continue to gen- section of the Congressional Research To be named a blue ribbon school is erate jobs and new wealth. Instead our Service for its support to the Senate no small achievement; it requires the estate tax laws now hinder that trans- Banking Committee in our inquiry into successful passage of a rigorous nomi- fer. the disposition of heirless assets in nation and screen process. The Depart- I’ve authored legislation in several Swiss banks, before, during, and after ment of Education review panel evalu- Congresses to allow family farms, World War II. During the course of our ates as conditions of effective school- ranches, and other small family busi- inquiry thousands of pages of docu- ing the following: leadership; teaching nesses to be passed along to the next mentation have been examined as we environment; curriculum and instruc- generation without being loaded up have tried to establish the ultimate tion; student environment; parent and with massive estate tax debt. The leg- disposition of assets which were depos- community support; and organiza- islation I’ve introduced in this Con- ited in Swiss banks by Holocaust vic- tional vitality. The review panel also gress increases the unified estate and tims prior to World War II. considers objective indicators of suc- gift tax exemption from $600,000 to $1 Hundreds of pages of these historical cess, such as: Student performance on million. In addition, it provides a new documents were written in various lan- measures of achievement; daily student $1 million exclusion for family business guages which dealt with extremely and teacher attendance rates; students’ assets. Together, my proposals would technical matters. It was imperative postgraduation pursuits; school, staff, allow a family business, valued up to $2 that the Banking Committee obtain ac- and student awards; and high student million, to be passed to the children curate translations for these docu- retention-graduation rates. and grandchildren to operate without ments. The language services section Obviously, those select few schools any estate tax liability. never let us down. afforded the status of Blue Ribbon A number of my colleagues in the I would especially like to recognize Awards are more than deserving of the Senate share my concerns about estate David Skelly who provided translation national attention that accompanies taxes. In fact, I worked with a core support in the German and French lan- such an honor. I would like to take a group of Senators, including Senators guages. Mr. Skelly worked with my

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — SENATE S5549 staff on a daily basis and his efforts U.S. flag has been seen in every corner Shelby Specter Thurmond Smith (NH) Stevens Warner were truly noteworthy. of the world and has been recognized as Smith (OR) Thomas On many occasions we contacted Mr. an emblem of our continued democ- Snowe Thompson Skelly and solicited his translation as- racy.∑ NAYS—44 sistance on an immediate basis. Mr. f Skelly never complained. He never Akaka Feingold Levin Baucus Feinstein Lieberman said, ‘‘I can’t do this. You’re asking too APPOINTMENT BY THE VICE Biden Ford Mikulski much.’’ He said simply, ‘‘How soon do PRESIDENT Bingaman Glenn Moseley-Braun you need it?’’ and ‘‘OK. I’ll get right on Boxer Graham Moynihan The PRESIDING OFFICER. The Breaux Harkin it.’’ Murray Chair, on behalf of the Vice President, Bryan Hollings On one particular instance Mrs. Reed Bumpers Johnson Reid pursuant to 22 U.S.C. 276d–276g, as Byrd Kennedy Deanna Hammond, Mr. Skelly’s super- Robb amended, appoints the Senator from Cleland Kerrey visor and another true professional in Rockefeller Washington [Mrs. MURRAY] as vice Conrad Kerry that office, contacted Mr. Skelly at Sarbanes chair of the Senate delegation to the Daschle Kohl home on his own time and read him a Dodd Landrieu Torricelli Canada-United States Interparliamen- Wellstone very technical document in German Dorgan Lautenberg tary Group during the 105th Congress. Durbin Leahy Wyden which he translated. Mrs. Hammond typed up the English translation and f NOT VOTING—1 we had it in our hands 2 hours after Inouye APPOINTMENT BY THE sending in our request. The motion was agreed to. Mr. President, this is the type of DEMOCRATIC LEADER dedicated service which Government The PRESIDING OFFICER. The f employees all too often perform, and Chair, on behalf of the Democratic ADJOURNMENT UNTIL 11 A.M. no one hears anything about it. You leader, pursuant to Public Law 101–445, TOMORROW certainly won’t hear it from anyone in appoints Arlene M. Chamberlain, of The PRESIDING OFFICER. The Sen- the language service section. This is all South Dakota, to the National Nutri- ate stands adjourned until 11 a.m. to- in a day’s work for them. This is a tion Monitoring Advisory Council. morrow, Thursday, June 12, 1997. group of people who take their commit- Mr. LOTT. I suggest the absence of a Thereupon, the Senate, at 6:32 p.m., ment to the Congress and the Amer- quorum. adjourned until Thursday, June 12, ican people very seriously. And they The PRESIDING OFFICER (Ms. COL- 1997, at 11 a.m. deliver. LINS). The clerk will call the roll. I consider the language services sec- The assistant legislative clerk pro- f tion to be an indispensable office with- ceeded to call the roll. NOMINATIONS in the Congressional Research Service Mr. LOTT. Madam President, I ask Executive nominations received by which provides a truly unique service unanimous consent that the order for the Senate June 11, 1997: to the Congress. I congratulate all of the quorum call be rescinded. the workers there on their fine work The PRESIDING OFFICER. Without DEPARTMENT OF COMMERCE and extend to them my thanks.∑ objection, it is so ordered. ROBERT L. MALLETT, OF TEXAS, TO BE DEPUTY SEC- RETARY OF COMMERCE, VICE DAVID J. BARRAM. f f POSTAL RATE COMMISSIONER AMERICA’S FREEMASONRY AND GEORGE A. OMAS, OF MISSISSIPPI, TO BE A COMMIS- FLAG DAY VOTE ON MOTION TO ADJOURN SIONER OF THE POSTAL RATE COMMISSION FOR A TERM EXPIRING OCTOBER 14, 2000, VICE WAYNE ARTHUR ∑ Mr. MOYNIHAN. Mr. President, as Mr. LOTT. Madam President, I move SCHLEY, TERM EXPIRED. our Nation prepares to celebrate Flag that the Senate stand in adjournment FEDERAL AVIATION ADMINISTRATION until 11 a.m. on Thursday, June 12, and Day on the 14th of this month, I rise to JANE GARVEY, OF MASSACHUSETTS, TO BE ADMINIS- pay tribute to over 1 million men who I ask for the yeas and nays. TRATOR OF THE FEDERAL AVIATION ADMINISTRATION The PRESIDING OFFICER. Is there a FOR THE TERM OF FIVE YEARS, VICE DAVID RUSSELL belong to the largest and oldest fra- HINSON, RESIGNED. sufficient second? ternal organization in the world, Amer- DEPARTMENT OF STATE There is a sufficient second. ica’s Freemasonry. Since the Conti- KARL FREDERICK INDERFURTH, OF NORTH CAROLINA, nental Congress adopted the Stars and The yeas and nays were ordered. TO BE ASSISTANT SECRETARY OF STATE FOR SOUTH The PRESIDING OFFICER. The ASIAN AFFAIRS, VICE ROBIN LYNN RAPHEL. Stripes as our Nation’s flag on June 14, DAVID ANDREWS, OF CALIFORNIA, TO BE LEGAL AD- 1777, Masons have given this beloved question is on agreeing to the motion VISER OF THE DEPARTMENT OF STATE. (NEW POSITION) to adjourn. The yeas and nays have TIMBERLAKE FOSTER, OF CALIFORNIA, A CAREER symbol their staunch support. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF It is nearly 48 years since President been ordered, and the clerk will call COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND the roll. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA Harry S. Truman signed an act of Con- TO THE ISLAMIC REPUBLIC OF MAURITANIA. gress recognizing Flag Day as a na- The legislative clerk called the roll. RALPH FRANK, OF WASHINGTON, A CAREER MEMBER Mr. FORD. I announce that the Sen- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- tional holiday. Truman’s contribution COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND as a Mason follows the efforts of other ator from Hawaii [Mr. INOUYE] is nec- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA essarily absent. TO THE KINGDOM OF NEPAL. great Masonic national leaders. Adm. JOHN C. HOLZMAN, OF HAWAII, A CAREER MEMBER OF John Paul Jones flew Old Glory at The PRESIDING OFFICER. Are there THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, any other Senators in the Chamber de- TO BE AMBASSADOR EXTRAORDINARY AND PLENI- Quiberon Bay, France on February 13, POTENTIARY OF THE UNITED STATES OF AMERICA TO 1778, in the first recognition of the siring to vote? THE PEOPLE’S REPUBLIC OF BANGLADESH. The result was announced—yeas 55, NANCY JO POWELL, OF IOWA, A CAREER MEMBER OF United States by a foreign nation. THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, Nearly 200 years later, Astronaut nays 44, as follows: TO BE AMBASSADOR EXTRAORDINARY AND PLENI- [Rollcall Vote No. 99 Leg.] POTENTIARY OF THE UNITED STATES OF AMERICA TO Edwin ‘‘Buzz’’ Aldrin traveled with an THE REPUBLIC OF UGANDA. American flag to the Moon. With their YEAS—55 AMELIA ELLEN SHIPPY, OF WASHINGTON, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF distinguished moral code and immu- Abraham DeWine Inhofe COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND table patriotism, these and other Ma- Allard Domenici Jeffords PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA sons, including Francis Scott Key, Ashcroft Enzi Kempthorne TO THE REPUBLIC OF MALAWI. Bennett Faircloth Kyl helped to advance the flag as a true Bond Frist Lott IN THE NAVY symbol of our Nation. Brownback Gorton Lugar THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT Senator Robert C. Winthrop (1809– Burns Gramm Mack TO THE GRADE INDICATED IN THE U.S. NAVY UNDER 1894) of Massachusetts once said, ‘‘Our Campbell Grams McCain TITLE 10, UNITED STATES CODE, SECTION 624: Chafee Grassley McConnell To be captain flag is our national ensign, pure and Coats Gregg Murkowski simple, behold it! Listen to it! Every Cochran Hagel Nickles CHRISTINE L. ABELEIN, 0000 Collins Hatch Roberts BRYAN S. APPLE, 0000 star has a tongue, every stripe is ar- MICHAEL AUGUSTINE, 0000 Coverdell Helms Roth ticulate.’’ Indeed, with the constant GLENN S. BACON, 0000 Craig Hutchinson Santorum RICHARD S. BAKALAR, 0000 help of America’s Freemasonry, the D’Amato Hutchison Sessions JOHN L. BALL, 0000

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 9801 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5550 CONGRESSIONAL RECORD — SENATE June 11, 1997

MAUREEN R. BANNON, 0000 JAMES R. HOFFOWER, 0000 MICHAEL R. NOWACKI, 0000 CHARLES O. BARKER, 0000 MAUREEN P. HOGAN, 0000 WILLIAM T. NUNNS, 0000 DEBORAH J. BARKER, 0000 ELIZABETH K. HOLMES, 0000 RICHARD B. OBERST, 0000 STEPHEN E. BARKER, 0000 ROBERT E. HOYT, 0000 JEFFREY M. OGORZALEK, 0000 DAVID J. BARNETTE, JR, 0000 PHILLIP D. HUNT, 0000 ROBERT T. OLEARY, 0000 DENNIS G. BENGTSON, 0000 JOHN F. JOHNSON, II, 0000 LAURA P. OMER, 0000 JUSTUS BENJAMIN, JR, 0000 EDGAR T. JONES, 0000 RICHARD A. PARKER, 0000 PHILIP B. BESHANY, 0000 CHERYL L. KAMINSKA, 0000 JOAN M. PATE, 0000 RICHARD T. BEX, 0000 JOHN R. KELLY, 0000 DENNIS R. PLOCKMEYER, 0000 DONEL S. BIANCHI, 0000 BRIAN R. KELM, 0000 JEFFREY L. POTTINGER, 0000 SANDRA C. BIBB, 0000 DAVID L. KENNEDY, 0000 STEPHEN A. PRINCE, 0000 JAY A. BLACK, 0000 KEVIN R. KERRIGAN, 0000 NANCY A. PUKSTA, 0000 PAUL K. BLAKE, 0000 EDWARD M. KILBANE, 0000 BRUCE N. BLANDY, 0000 LOUIS J. KITSLAAR, 0000 HECTOR J. QUILES, 0000 ROBERT E. BLUNDELL, JR, 0000 GENE M. KOHLER, 0000 JEAN E. QUINDAGRAFFELS, 0000 GERALD A. BOECHLER, 0000 MICHAEL J. KRENTZ, 0000 MARY E. QUISENBERRY, 0000 LELAND D. BOWEN, 0000 MAUREEN A. KUSNIEREK, 0000 KAREN E. RAFALKOWILSON, 0000 JEAN N. BRAKEBILL, 0000 LEO KUSUDA, 0000 PETER R. RAYMOND, 0000 TERESA M. BRENNAN, 0000 SUSAN LAING, 0000 LINDA M. REINERTSEN, 0000 MICHAEL A. BROPHY, 0000 FRANK C. LAWTON, III, 0000 WILLIAM G. REYNOLDS, 0000 SARAH E. BROWN, 0000 FRED C. LEGE, 0000 MICHAEL T. RICCIARDI, 0000 CHARLES L. BRYNER, JR, 0000 DOUGLAS K. LEIBY, 0000 KATHERINE A. RIEF, 0000 GREGORY J. BUCHANAN, 0000 RICHARD J. LEUPOLD, 0000 DONALD C. RILLING, 0000 LADEAN W. BUNKERS, 0000 JUDY A. LOGEMAN, 0000 KURT C. ROLF, 0000 SHARYN A. BURKE, 0000 JUDITH A. LOHMAN, 0000 DAVID C. RUFF, 0000 ALICE M. CAHILL, 0000 JEANETTE F. LYNCH, 0000 JEANNE M. RUSHIN, 0000 DAVID M. CHRISTENSON, 0000 DIANN K. LYNN, 0000 LYNDA A. SALMOND, 0000 MARK W. COBB, 0000 MICHAEL D. MAIXNER, 0000 MARK B. SAMUELS, 0000 MICHAEL H. CONAWAY, 0000 MICHAEL P. MALANOSKI, 0000 ANDRE C. SANTOS, 0000 FRANCES L. CONNOR, 0000 JOSEPH L. MALONE, 0000 LOUIS J. SAPORITO, 0000 THOMAS CORTEMEGLIA, 0000 DAVID L. MALONEY, 0000 ELAINE M. SCHERER, 0000 DAVID P. COTE, 0000 DONALD W. MARTYNY, 0000 RALPH O. SCHERINI, 0000 MARC S. CUNNINGHAM, 0000 ALFRED J. MASKERONI, 0000 MELODIE C. DACORTA, 0000 PAUL J. MASTERS, 0000 BARBARA A. SCHIBLY, 0000 LINDA M. DAEHN, 0000 JAMES A. MAUS, 0000 MICHAEL L. SCHOLTZ, 0000 JANE G. DALTON, 0000 MAUREEN F. MCAVOY, 0000 FRANK V. SCHRAML, 0000 MICHAEL M. DARBY, 0000 DENNIS K. MCBRIDE, 0000 CHRISTOPHER L. SCHUYLER, 0000 CHARLES B. DAVIS, 0000 DONALD T. MCBURNEY, 0000 BRADEN C. SEAMONS, 0000 SANDRA L. DEGROOT, 0000 JULIAN D. MCCARTHY, 0000 ANTHONY A. SEBBIO, 0000 PATRICIA M. DENZER, 0000 BRIAN R. MCDONALD, 0000 CAROL A. SHINSKY, 0000 JOHN P. DEPNER, 0000 LLOYD P. MCDONALD, 0000 BRIAN S. SIEGEL, 0000 JAMES R. DEVOLL, 0000 WILLIAM A. MCDONALD, 0000 LYNN P. SIMON, 0000 JOLINE I. W. DEVOS, 0000 JAMES A. MCGINNIS, 0000 DAVID J. SMITH, 0000 OSCAR W. DICKEY, 0000 BRADLEY G. MCKEEVER, 0000 MICHAEL L. SMITH, 0000 JAMES L. DIETZ, 0000 CHRIS R. MCKELVEY, 0000 DANIEL R. SMOAK, 0000 WILLIAM D. DOLAN, 0000 ROBIN T. MCKENZIE, 0000 DANIEL J. SNYDER, 0000 JONATHAN P. EDWARDS, 0000 BARBARA S. MCLEAN, 0000 MICHAEL R. SPIEKER, 0000 ROGER D. EDWARDS, 0000 PAUL G. MCMAHON, 0000 TIMOTHY L. STERNBERG, 0000 RICHARD T. EVANS, 0000 JAMES E. MCPHERSON, 0000 GREGORY L. STOYER, 0000 PAUL E. FARRELL, JR, 0000 LYLE D. MELTON, 0000 RUSSELL T. STROTHER, 0000 RICHARD H. FEIERABEND, 0000 HERBERT K. MEREDITH, 0000 HUGH C. SULLIVAN, JR, 0000 WILLIAM B. FERRARA, 0000 KEVIN E. MIKULA, 0000 MICHAEL J. SUSZAN, 0000 HOWARD H. FISCHER, JR, 0000 FREDERICK E. MILLARD, 0000 FRANK J. TESAR, 0000 RICHARD J. FLETCHER, JR, 0000 JOHN E. MILNER, 0000 MELANIE D. FRANK, 0000 PAMELA N. MINKE, 0000 CARLOS A. TORRES, 0000 JOHN T. FRENCH, 0000 JAN K. MITCHELL, 0000 MARLYS G. TUFTIN, 0000 ROBERT F. FRISBY, JR, 0000 MARILYN A. MOONEY, 0000 RODNEY W. TURK, 0000 STUART D. FUNK, 0000 LEE M. MORIN, 0000 PENNY B. TURNER, 0000 VANCE G. GAINER, JR, 0000 RAYMOND G. MORIN, 0000 JERROLD L. TWIGG, 0000 ROSCOE D. GEORGE, III, 0000 LAURIE B. MOSOLINO, 0000 CATHERINE G. TYMENSKY, 0000 H. J. GERHARD, 0000 GERARDA M. MUKRI, 0000 ALBERT P. VERHOFSTADT, 0000 MARK D. GILBERTS, 0000 JAMES W. MULLALLY, 0000 JOSE J. VICENS, 0000 BILLIE G. GOFF, 0000 KEITH D. MUNSON, 0000 DEAN A. WELDON, 0000 CANDACE M. GORTNEY, 0000 JOHN E. MURNANE, 0000 RUTH E. WHEELER, 0000 KELLY D. GUBLER, 0000 CHRISTIAN G. MUSIC, 0000 TOMMY B. WHITE, 0000 JAMES N. HAGARTY, 0000 ROGER S. MUSTAIN, 0000 ROBERT C. WILKENS, 0000 DANIEL W. HANSEN, 0000 MATHEW NATHAN, 0000 LAURA WILLIAMS, 0000 MARK D. HARNITCHEK, 0000 GREGORY D. NAYLOR, 0000 RICHARD P. WILLIAMS, JR, 0000 PAMELA A. HEIM, 0000 RAND H. NELSON, 0000 PATRICIA A. WORKMAN, 0000 RONALD W. HERTWIG, 0000 DAVID B. NEWBERRY, 0000 JEFFREY M. YOUNG, 0000 CLYDE J. HOCKETT, 0000 BRIAN K. NICOLL, 0000 LARRY L. YOUNGER, 0000

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 9801 E:\1997SENATE\S11JN7.REC S11JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1179 EXTENSIONS OF REMARKS

TAX RELIEF The Cowboys have been in the State play- Dr. Weingold is a senior examiner for the offs for 4 straight years, but they could not Examiner for the American Board of Obstetrics HON. RON PACKARD have won it this year without an outstanding and Gynecology, a former president of the As- OF CALIFORNIA performance by pitcher and series MVP Jeff sociation Professors of Gynecology and Ob- Montgomery. However, after being carried off stetrics, a former president of the Washington IN THE HOUSE OF REPRESENTATIVES the field with an injury, Montgomery was re- Gynecological Society, a member of the Coun- Wednesday, June 11, 1997 placed by pitcher Tim Schilling. At one point cil of the American Gynecology and Obstetrics Mr. PACKARD. Mr. Speaker, I rise today in during the game, head coach Mike Herndon Society, and the author of 110 text books, support of America's families. Yesterday after- almost pulled Schilling when Cherryville closed chapters, and other scientific publications. noon, Ways and Means chairman BILL AR- in on the Cowboys 6 to 4, but Schilling per- Dr. Weingold has been honored for his CHER unveiled our plan to provide tax relief for severed and was able to pull through to pitch knowledge and skill in his field. He has re- American families. This Nation's hard-working, a winning game. ceived numerous awards, including the tax-paying citizens have finally won a major All of the Cowboys contributed to the State Conrad Tharaldsen Scholastic Award. He is victory. crown including Keith Morris, Andy Harney, also a member of the Contin Honor Society Mr. Speaker, I am proud that my Republican Derik Idol, Erick McCoy, James Coates, Zack and Alpha Omega Alpha, Iota Chapter. colleagues have kept our promise to the Samuels, Matt Fletcher, Aaron Berham, Stan- I have known Allan Weingold for 20 years American people by providing the first major ton Horne, Brian Mitchell, Brian Tollerson, and am proud of his many accomplishments. tax relief in 16 years. It is hard to believe that Ashton Frank, Duane McMurty, Blake Cross, He has overseen the training of literally hun- only 4 years ago, a Democrat-controlled Con- Nick House, Matt Petzoid, Price Stevens, and dreds of doctors, many of whom are currently gress passed the largest tax increase in the Ryan Boedicke. Overseeing this group were practicing in the Washington metropolitan history of mankind. We have undoubtedly Head Coach Mike Herndon, Trainer Stacey area. His high standards of ethics, his profes- come a very long way. Foard, Student Trainer Meredith Adsit, Athletic sional demeanor, and the high-quality of medi- All too often, our detractors overlook the Director Richard Kemp, and Principal Wayne cal practice he has imparted to his students, heavy burden of taxation on families. Accord- Tuggel. residents, and leave a lasting legacy for the ing to the Tax Foundation, the average Amer- Congratulations to the Cowboys on an out- Washington region's health care. I am proud ican household will pay $24,357 in taxes in standing season. On behalf of the citizens of to have had the opportunity to know this ex- 1997. That is over a 5 percent increase since the Sixth District of North Carolina, we con- traordinary man. last year. gratulate the Southwest Guilford men's base- Mr. Speaker, I know that my colleagues will Chairman ARCHER has fired the first salvo in ball team for winning the State 2A champion- join me in applauding Dr. Weingold for his ex- our fight to return dollars back to families and ship. traordinary efforts and career successes in out of Washington. Tax relief has become a f providing the citizens of the District of Colum- reality because the American people spoke bia with quality health care. Although his pres- loudly and their elected representatives have IN HONOR OF ALLAN B. WEINGOLD ence will be sorely missed, we wish him and listened. his wife, Marjorie, great success in their future I urge my colleagues to now continue our HON. THOMAS M. DAVIS endeavors. f fight for America's families by working to abol- OF VIRGINIA ish the IRS altogether and enact a fairer, flat- IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO MSGR. JOHN J. ter tax system. I have cosponsored legislation Wednesday, June 11, 1997 BRADLEY that would establish a national retail sales tax in favor of our current Tax Code. Mr. DAVIS of Virginia. Mr. Speaker, it gives HON. JERRY LEWIS Mr. Speaker, tax relief is vital to the steady me great pleasure to rise and pay tribute to OF CALIFORNIA growth of the American economy and to the Allan B. Weingold, who has served in the IN THE HOUSE OF REPRESENTATIVES continued health of the American family. medical profession since 1955. Dr. Weingold f will be retiring this month after 40 years of Wednesday, June 11, 1997 service to the medical profession. Mr. LEWIS of California. Mr. Speaker, I CONGRATULATIONS TO SOUTH- Allan Weingold was born in New York in would like to bring to your attention a remark- WEST GUILFORD MEN’S BASE- 1930. After graduating from Oberlin College able celebration that recently took place to BALL TEAM and attaining his medical degree from New honor Msgr. John J. Bradley as well as the York Medical College, he began his residency 135th anniversary of St. Bernardine Church in HON. HOWARD COBLE at Mount Sinai Hospital in New York which he San Bernardino, CA. On June 7, the parish OF NORTH CAROLINA completed in 1960. During this time, Allan was hall was rededicated and named after Mon- IN THE HOUSE OF REPRESENTATIVES also the chief of service for the U.S. Army at signor Bradley, a beloved and cherished figure Rodriguez Army Hospital in San Juan, PR. in the history of this historic downtown church. Wednesday, June 11, 1997 After serving as a American Cancer Society Monsignor Bradley was ordained on June 4, Mr. COBLE. Mr. Speaker, right now we are Fellow in Gynecologic Oncology, he joined the 1942 at St. Kierans' College, Kilkenny, Ireland, deep into baseball season. From the majors to faculty of the New York Medical College and and served in Ireland and England until com- the minors, from Little League to Babe Ruth because the professor and associate chairman ing to the United States in 1946. In December League, tens of thousands of men, women, of the department of obstetrics and gyne- 1946, he began serving as an assistant at Sa- boys, and girls are happily engaged in the Na- cology. In 1973, Dr. Weingold became the cred Heart Church in Ocean Beach. Mon- tion's pastime. Among those participants were professor and chairman of the department of signor Bradley also served as a pastor at St. our Nation's high school baseball teams. the George Washington University Medical Joseph's Church in Holtville from 1951 to The just-concluded high school baseball Center, a position he held until 1993. He also 1953 and at St. John's Church in Encinitas season was extremely exciting in the Sixth served as chairman of the Governing Board of from 1953 to 1961. In June 1961, he became District of North Carolina. For the first time, the Medical Faculty Associates, a 300 mem- a pastor at St. Bernardine's in San the Southwest Guilford High School men's ber multispecialty practice group, and as in- Bernardino, a tenure that lasted 31 years. In baseball team won the 2±A State champion- terim vice president for medical affairs in July 1992, Monsignor Bradley began 1 year of ship, defeating Cherryville High School 6 to 4. 1992±93. On March 1, 1995, he assumed the retired service in residence at St. Southwest Guilford High School, located just role as vice president and executive dean at Bernardine's. outside of Greensboro, NC, capped a 21±11 the George Washington University Medical Mr. Speaker, I ask that you join me and our season with the State title. Center. colleagues in paying tribute to this gentle man

∑ 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. E1180 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1997 who has served and inspired our community like that of the NRSA. On issues like protec- status of women in Montgomery County, an over the years. One cannot begin to describe tion of land and water habitats, clean water, invaluable tool for both the general public and the esteem in which this beloved man is held wetlands, and forests, the vast outdoor com- elected officials. Comprising 52 percent of the in the local parish. It is only fitting that the munity has shown its concern and its strength. population, the women of Montgomery County House of Representatives recognize his dedi- The NRSA recently sent a letter to every play a critically important role in the county's cated and faithful service today. Member of Congress stating the groups' prior- social and economic health. The study calls f ities. They include maintaining the integrity of for a ``paradigm shift in the development of our public lands and waters and keeping them laws, policies, practices and procedures affect- THE NATURAL RESOURCE SUMMIT public, strengthening the Clean Water Act, and ing education, employment, health, law en- OF AMERICA enhancing funding for the stewardship of pub- forcement and crime prevention'' and under- lic lands and natural resources. scores an ``urgent need to reevaluate outdated HON. GEORGE MILLER These priorities are the result of more than policies of schools and of most employers OF CALIFORNIA a year of discussions between some very dif- * * * based on the assumption of a single IN THE HOUSE OF REPRESENTATIVES ferent people: a pair of scientists, one from the wage earner and an at-home parent.'' American Fisheries Society another from the Wednesday, June 11, 1997 Montgomery County, MD, has grown and National Wildlife Federation, a land protection changed in the last 25 years from a quiet bed- Mr. MILLER of California. Mr. Speaker, I specialist from the Sierra Club, a conservation room suburb of Washington, DC, into a thriv- want to take a few moments to talk about one expert from the B.A.S.S., an editor at Sports ing cosmopolitan community. Over the years, of the silver linings in the cloud of apprehen- Afield magazine, a lawyer from the Environ- the Montgomery County Commission for sion and mistrust left behind by the 104th mental Defense Fund, just to name a few. Women has been an important force in meet- These discussions produced a framework for Congress in its handling of environmental is- ing the challenge of that change and in help- action and a set of common sense shared sues. One of the very good things that came ing women and their families adjust to and goals. out of that Congress was the formation of the prosper in a dynamic and diverse society. Natural Resource Summit of America. The Mr. Speaker, we are going to hear a lot Mr. Speaker, please join with me in saluting NRSA is a coalition of now 37 organizations from the NRSA in the coming months about the Montgomery County Commission for determined not to let natural resource policy in natural resource policy. But I think we can Women and its talented and dedicated staff this country fall victim to the sort of extremism learn more from than a set of positions on is- for 25 years of extraordinary service to the that was all too often evident in that 104th sues. We can learn that groups and individ- people of my county. Congress. uals who share a vision of the future and are The existence of one more environmental dedicated to the hard work of getting there, f coalition isn't usually cause for notice. But the should refuse to let traditional partisanship, ex- treme rhetoric, or simple complacency stand in NRSA is different, because in this one collec- DEATH OF AMBASSADOR OMER their way. It's a lesson the NRSA appears to tion of separate and independent groups, you EISSA see the first very impressive signs of the pro- have learned and an example for this Con- found change occurring in the debate over gress to follow. natural resources. For the first time in a very f HON. CHARLES B. RANGEL long time, hunters, anglers, environmentalists, MONTGOMERY COUNTY, MD, COM- OF NEW YORK outdoor publications, outdoor business groups, MISSION FOR WOMEN: TWENTY- IN THE HOUSE OF REPRESENTATIVES natural resource scientists, and others have FIVE YEARS OF SERVICE come together around a common set of prin- Wednesday, June 11, 1997 ciples. Mr. RANGEL. Mr. Speaker, I rise to pay trib- One of the NRSA's leaders is Helen Sevier, HON. CONSTANCE A. MORELLA OF MARYLAND ute to former Ambassador Omer Eissa, who the Chair and CEO of B.A.S.S., Inc., the par- died in a tragic automobile accident while visit- ent company of the Bass Anglers Sportman IN THE HOUSE OF REPRESENTATIVES ing Sudan on May 20. Ambassador Eissa Society. Joined by my distinguished colleague Wednesday, June 11, 1997 served with great distinction as Sudan's Am- SHERWOOD BOEHLERT, I had the pleasure of Mrs. MORELLA. Mr. Speaker, I rise today to bassador to Washington when Gaafar Moham- meeting Helen and hearing her speak last salute the Montgomery County, MD, Commis- med Numeiry was President of Sudan. Am- summer at the NRSA's first grassroots meet- sion for Women as it celebrates 25 years of bassador Eissa was a great friend of the Unit- ing in Birmingham. When I listened to her de- service to the women of the county. To mark ed States, and many Members of Congress scribe the NRSA, it was clear that the groups the occasion, the commission will hold a gala had the great pleasure of knowing him. I will were uniting not only around common environ- dinner, and the proceeds from the event will always be grateful to Ambassador Eissa for mental principles, but also around common be used to support a scholarship fund and the hospitality that he extended to the Dance sense and an end to partisanship and extreme services for displaced homemakers and dis- Theater of Harlem during several of their visits language. advantaged women. to Washington. That day in Birmingham, she recalled being In 1972, I had the great privilege and honor labeled as an ``environmental extremist'' for to serve on the first Commission and later to Ambassador Eissa had a long and diversi- opposing the Clean Water Act reauthorization be elected as its second president. I have fied public service career in Sudan. As a process in the House in the 104th Congress: watched with pride as it has grown into an im- member of the Sudanese Parliament, he was chairman of the Committee on Housing and We said, ‘‘wait a minute, these guys really portant voice and resource for women throughout the Washington metropolitan area. Education. He was also a member of the Blue don’t get it. They don’t understand the way Ribbon Committee on Refugees. Subse- Americans really feel about their natural re- The commission advises the county executive, sources. They don’t appreciate the 25 years the county council, county agencies, and the quently, he was appointed as a member of of phenomenal progress that has been made general public on issues of concern to county President Numeiry's cabinet, which he later improving our Nation’s air and water qual- women and their families. But, most impor- left to become Ambassador to the United ity. And they don’t recognize the needs that tantly, the commission is there on a daily States, serving concurrently as nonresident still exist to restore ecosystems and fish and basis to serve the immediate and long-term Ambassador to Canada and Mexico. While in wildlife habitat.’’ So we thought that if the Washington, Ambassador Eissa served as environmental groups and the concerns they needs of women in Montgomery County. The Commission for Women provides such dean of the Council of Arab Ambassadors as expressed on natural resource legislation well as dean of the Council of African Ambas- were considered by Congress to be extreme, direct services as personal and career coun- or not representative of the values of aver- seling, career-readiness classes, programs for sadors. age Americans, then by merging the image displaced homemakers, workshops on chang- After the coup that removed President of the hunting and fishing groups with the ing careers, family crisis and transition serv- Numeiry from office in 1985, Ambassador environmentalists we may be able to refocus ices for events like separation and divorce and Eissa made his home near Washington and congressional attention on the importance of job loss, and workshops on women's health, became an American citizen. I wish to extend natural resource values among their con- sexual harassment, dependent care, and time my most heartfelt condolences to his wife and stituents. management skills. children, who can be very proud of what Am- Mr. Speaker, the attention of Congress is al- This year, as part of its anniversary observ- bassador Eissa has done for the people of ready being refocused by cooperative efforts ance, the commission released a study on the Sudan. June 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1181 THOMAS B. EVANS, JR. man who continues to serve his country with The mountains now usually known as the Washington, DC, May 26, 1997. honor. Spanish Peaks are two volcanic peaks in Las Hon. CHARLES B. RANGEL, f Animas and Huerfano Counties whose Native Rayburn House Office Building, Washington, America name is Wayatoya. The eastern peak DC. A TRIBUTE TO WALTER BETAR DEAR CHARLIE, A good friend of mine, rises to 12,683 feet above sea level, while the Omer Eissa, recently died in a tragic auto- summit of the western peak reaches 13,626 mobile accident in Sudan where he was visit- HON. BUD SHUSTER feet. The two served as landmarks not only for ing a brother who was very ill. OF PENNSYLVANIA native Americans but also for some of Colo- Omer was always a great friend of the IN THE HOUSE OF REPRESENTATIVES rado's other early settlers and for travelers United States and hosted Arthur Mitchell Wednesday, June 11, 1997 along the trail between Bent's Old Fort on the and Dance Theatre of Harlem at the Suda- Arkansas River and Taos, NM. nese Embassy on several occasions. You may Mr. SHUSTER. Mr. Speaker, it is with great With this history, it's not surprising that the recall the time we sat in the Presidential pride that I rise today to pay tribute to Mr. Spanish Peaks portion of the San Isabel Na- Box with the Reagans to watch Dance Thea- Walter Betar, a long time servant of the Al- tre perform at the Kennedy Center. tional Forest was included in 1977 on the Na- toona Area School District within my congres- tional Registry of Natural Landmarks. I believe Omer’s wife would very much ap- sional district. Mr. Betar will be retiring from preciate it if you included some remarks The Spanish Peaks area has outstanding about him in the Congressional Record (a the Altoona Area High School where he has scenic, geologic, and wilderness values, in- draft statement is attached). dutifully served as principal for 25 years of his cluding a spectacular system of over 250 free Let’s get together one of these days when 41-year career with the district. Please join me standing dikes and ramps of volcanic mate- Alma and Mary Page are in town. She joins in wishing him the best of luck as he begins rials radiating from the peaks. The State of me in sending our warmest regards to you to pursue new challenges in his retirement. Colorado has designated the Spanish Peaks both. Mr. Betar graduated from the Altoona Area as a natural area, and they are a popular des- Sincerely, High School in 1950. Upon graduation he was Tom. tination for hikers seeking an opportunity to accepted at the Pennsylvania State University enjoy an unmatched vista of southeastern f where he went on to earn his B.A. in the Gen- Colorado's mountains and plains. WELCOMING REAR ADM. NORMAN eral Arts and Sciences. He then attended the The Forest Service reviewed the Spanish T. SAUNDERS TO FLORIDA Indiana University of Pennsylvania where he Peaks area for possible wilderness designa- earned a Masters of Education in guidance tion as part of its second roadless area review and Counseling. In 1958, during his own aca- and evaluationÐknown as RARE IIÐand in HON. E. CLAY SHAW, JR. demic pursuits, he began his distinguished ca- 1979 recommended designation as wilderness OF FLORIDA reer in education as a Social Studies instructor of 19,570 acres. Concerns about private land IN THE HOUSE OF REPRESENTATIVES at the Altoona Area High School. Mr. Betar inholdings in the area prompted Congress, in Wednesday, June 11, 1997 would soon move on to administrative posi- the Colorado Wilderness Act of 1980, to in- Mr. SHAW. Mr. Speaker, I rise today to wel- tions within his field, first serving as a guid- stead provide for its continued management come Rear Adm. Norman T. Saunders to ance counselor and then serving as the Direc- as a wilderness study area. A decade later, the Colorado Wilderness Act south Florida as the new Commander of the tor of Federal Programs. During this time he of 1993 included provisions for long-term man- Seventh Coast Guard District and Maritime continued to lead by example by continuing agement of all the other wilderness study Defense Command Seven. his own education, attending Shippensburg areas in our State's national forests, but Admiral Saunders, in his 30 plus years of State College and the University of Pittsburgh. meanwhile questions about the land-owner- service, has represented the U.S. Coast In 1972 Mr. Betar became Principal of the Al- ship pattern in the Spanish Peaks area had Guard with distinction. Before joining the Sev- toona Area High School, the very school he prompted the Forest Service to change its enth District, Admiral Saunders served as had graduated from 22 years earlier. mind about designating it as wilderness. That, chief in the Office of Law Enforcement and His 41 years of service with the Altoona in turn, led to inclusion in the 1993 wilderness Defense Operations. In this capacity, Admiral Area School District is truly testament to his bill of a requirement for its continued manage- Saunders directed several Coast Guard pro- dedication to the field of education and our ment of that area as a wilderness study area grams including enforcement of laws and trea- community. His lifelong commitment to gen- for 3 yearsÐuntil August 13, 1996. The 1993 ties, operational and military readiness, intel- erations of students is not only commendable but more importantly it has played a valuable bill also required the Forest Service to report ligence, and investigative and security activi- to Congress concerning the extent of non-Fed- ties. The success of these programs is a tes- part in shaping generations of our youth. Stu- dents rely heavily on their educators as role eral holdings in the likelihood of acquisition of tament to the leadership of Admiral Saunders. those holdings by the United States with the Admiral Saunders is the recipient of numer- models in their development and we have owners' consent. ous decorations including two awards of the been very lucky to have such an outstanding example and leader in Mr. Betar. The required report was submitted in 1995. Legion of Merit, the Bronze Star Medal with It indicated that within the wilderness study Combat ``V'', two awards of the Coast Guard Mr. Speaker, I will close by once again ask- ing you to help me pay tribute to Mr. Walter area, there were about 825 acres where the Commendation Medal, the Navy Commenda- United States owned neither the surface nor tion Medal with Combat ``V'', and the Coast Betar on his retirement. His life has been one of service and dedication to others and I am the mineral rights, and about 440 acres more Guard Achievement Medal. where the United States owned the surface Mr. Speaker, the Seventh District, which en- honored to have him as one of my constitu- ents. I would like to thank Walt for his commit- but not the minerals. Since then, through vol- compasses 1.8 million square miles in the At- untary sales, the United States has acquired lantic Ocean and Caribbean Sea, plays a vital ment to others and for making our community a better place to live. I wish him the very best most of the inholdings. Today only 188 acres role in deterring illegal narcotics from entering of inholdings remain, and 80 of those acres our streets and communities. Keeping illegal in all that he pursues. f are held by the Wilderness Land Trust, which narcotics out of the hands of our youth is one plans to transfer them to the Forest Service. of the many difficult challenges the Coast SPANISH PEAKS WILDERNESS ACT So the way is now clear for Congress to finish Guard and the Seventh District face everyday. OF 1997 the job of protecting this outstanding area by In addition, the Seventh keeps illegal immi- designating it as part of the National Wilder- grants from entering the United States. Since HON. DAVID E. SKAGGS ness Preservation System. 1992, over 43,000 Cuban and 58,000 Haitian OF COLORADO The bill I am introducing today would des- migrants have been interdicted by the Sev- IN THE HOUSE OF REPRESENTATIVES ignate as wilderness about 18,000 acres of enth. Whether it's fighting the war on drugs or the San Isabel National Forest, including both illegal migrant interdictions, I am certain Admi- Wednesday, June 11, 1997 of the Spanish Peaks as well as the slopes ral Saunders will continue the great work of Mr. SKAGGS. Mr. Speaker, today I am in- below and between them. This includes most the Seventh District in keeping our shores and troducing a bill to give permanent protection of the lands originally recommended for wil- waterways clear of any potential dangers. as wilderness to the heart of the Spanish derness by the Forest Service, but with Mr. Speaker, on behalf of the Florida con- Peaks area in Colorado. boundary revisions that will exclude some pri- gressional delegation, I welcome Admiral The bill is cosponsored by my colleague vate lands. Saunders and his wife Chris to south Florida from Colorado, Mr. MCINNIS. I greatly appre- The lands covered by this bill are not only and urge my colleagues to pay tribute to a ciate his assistance and support. striking for their beauty and value for primitive E1182 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1997 recreation, but also for attributes that create TRIBUTE TO PAULA PORTER ment of tobacco. For many years the Joe unique conditions for endemic plant commu- Camel figure in Camel cigarettes has been nities. They fully meritÐand needÐthe protec- under the gun. The government believes that HON. JERRY LEWIS advertising is promoting smoking to the tion that will come from their designation as OF CALIFORNIA young. This is a valid concern considering wilderness. IN THE HOUSE OF REPRESENTATIVES 3,000 young people a day become a regular The bill itself is very simple. It would just smoker according to the 1994 report of the add the Spanish Peaks area to the list of Wednesday, June 11, 1997 Institute of medicine from the National areas designated as wilderness by the Colo- Mr. LEWIS of California. Mr. Speaker, I Academy of Sciences. The number keeps rado Wilderness Act of 1993. As a result, all would like to bring to your attention the fine climbing and in 1995, 4.8 percent of students the provisions of the actÐincluding the provi- work and outstanding public service of Paula said they had smoked in the last 30 days. sions related to waterÐwould apply to the Porter, the outgoing chairman of the board of Two years earlier in 1993, 3.5 percent said they had smoked in the last 30 days. Two Spanish Peaks area just as they do to the the Victorville Chamber of Commerce in years earlier in 1993, 3.5 percent said they other areas on that list. Like all the areas now Victorville, CA. Paula was recently honored for had smoked within the last month. Most of on that list, the Spanish Peaks area covered her dedicated advocacy on behalf of the citi- these students admit to buying them with- by this bill is a headwaters area, which for all zens and business community of the Victor out showing proof of ID. practical purposes eliminates the possibility of Valley. Should the responsibility of cracking down water conflicts. There are no water diversions Paula Porter graduated from Victor Valley on selling be the sole job of the police? For within the area. High School and is a 1981 graduate of the now it is. It also has to do with store owners Mr. Speaker, enactment of this Spanish University of Redlands with a bachelor of and enforcement of punishment and fines. Steps to put more responsibility on store Peaks bill will not finish the job of protecting science degree in business administration. A owners are being taken such as the new the Federal lands in Colorado that need the native Californian and seventh generation na- photo ID law and carding everyone who protection that comes with designation as wil- tive of San Bernardino County, she works as looks under 27. As a 17-year-old I can tell you derness. We need to provide that protection vice president and treasurer of Porter Real Es- I have bought cigarettes when I was younger for lands in Rocky Mountain National Park, as tate. She is the former city clerk and assistant and had no problem. I have noticed a change would be done by my billÐH.R. 302Ðnow to the city manager for the city of Victorville. in carding more now than I did when I was pending before the Committee on Resources, Over the years, she has also served in a vari- 15. and also for other areas of our State, including ety of civic and community oriented capacities. The problem is that cigarettes are too ac- Paula's longstanding commitment to and cessible to kids. We took a survey at Essex many managed by the Bureau of Land Man- Technical Center on Do you smoke, why or agement. I will continue to work to achieve the support of the Victorville Chamber is dem- why not? 64 percent of the people said that protection of these areas. But in the mean- onstrated through her fine leadership and they had smoked. 35 percent said that they time, we should act without delay to pass this many years of active participation. She was started because of peer pressure. The major- important measure for the Spanish Peaks first elected to the board in 1992 and has ity of the non-smokers said they did not area. served in many capacitiesÐvice president for smoke because it was gross and it kills you. membership services, vice president for finan- We have a tape of interviews from stu- f cial services, vice president for community dents. We also have those surveys that we services, vice president for business services, did that we can give you and we did. Perhaps ONONDAGA COUNTY COMMIS- we should also show you why the percentages and vice president for economic development. chose to smoke. I feel I have smoked pre- SIONER OF SOCIAL SERVICES, As chairman of the board, Paula has devel- ROBERT STONE, RETIRING vious in my young years and I quit it be- oped a number of new ventures for the cham- cause I do not feel I want to die like that. I AFTER 24 YEARS OF PUBLIC ber including participation in the U.S. Chamber think it is a disgusting death. SERVICE of Commerce Accreditation Program and de- Ms. BEDEL. Yes, it causes cancer, lung can- veloping a partnership with the Victor Valley cer, emphysema, and for young kids it is HON. JAMES T. WALSH Daily Press newspaper. Over the years, her mostly the fact that the health is—you work has also resulted in technological ad- know, in physical activity, you know, people OF NEW YORK aren’t involved in sports as much and I think vances for the chamber including the addition IN THE HOUSE OF REPRESENTATIVES it is social. It really has to do with the social of new computers and an Internet web site. part of school. Wednesday, June 11, 1997 Mr. Speaker, Paula Porter provides an ex- Ms. LAVERY. A lot of it is peer pressure. Mr. WALSH. Mr. Speaker, today I ask my ample of leadership that is deeply respected They see their friends doing it and everyone colleagues to join me in commending the On- and admired by her professional colleagues picks on you if you do not do it and you get ondaga County Commissioner of Social Serv- and the community at large. I ask that you join curious and you try doing it and then it is very addictive. ices, Robert Stone, for 24 years of dedicated me, our colleagues, and Paula's many admir- Ms. BEDELL. I do not think it has to do public service as he begins his retirement this ers in thanking her for such dedicated service and wishing Paula and her husband, Bill, the with people picking on other people about it, month. I think it has to do with like the younger Bob Stone is truly a leader in our commu- very best in the years ahead. grades in the high school see seniors or jun- nity. His professionalism, integrity, and leader- f iors in high school smoking and I think that ship throughout his tenure are a testament to that has a lot to do with it. I know at the STATEMENTS OF KRISTY LAVERY, Tech Center we go to you are not allowed his character and high standard in public serv- TARO BEDELL, KELLY JEN- ice. to—well you cannot smoke on any school NINGS, AND TORI TILLATOSN, property anymore and we have to go off The commissioner worked tirelessly to revi- ESSEX TECHNICAL CENTER, RE- school property to smoke, and I think it is talize our social service system by opening GARDING TEENAGE SMOKING just—it is not a privilege because we do not lines of communication within the department, have a privilege, we have to leave, but I securing grants, and working with State legis- think the younger students see it as a way to lators to produce responsible social service HON. BERNARD SANDERS get out of school or a way to try to fit in law. The result has been a productive, sen- OF VERMONT with the older kids. Government control sitive, and often innovative department. IN THE HOUSE OF REPRESENTATIVES over smoking is going overboard but the money that is spent on smoking is out- Central New York owes a debt of gratitude Wednesday, June 11, 1997 rageous and kind of ridiculous considering to Commissioner Stone for his exemplary pub- Mr. SANDERS. Mr. Speaker, for the benefit the fact that more and more teenagers are lic service record and his caring approach to of my colleagues I would like to have printed smoking each year. And I agree with the new helping the truly needy. He joins a very distin- photo ID law, I am all for that, but I do not in the RECORD this statement by high school guished group of former commissioners of so- think it is being watched enough, I do not students from Essex Technical Center in Ver- think it is being used in many cases in small cial services, such as John Lascaris and Wil- mont, who were speaking at my recent town liam Walsh. businesses, and I think it has to start at meeting on issues facing young people. home, that the government has to take it It is with great admiration and respect that Ms. LAVERY. Teenage smoking is a pressing out of the police’s hands and like I wish Commissioner Robert Stone the best as issue in today’s society. We feel there is a storeowners’ hands and put it into the homes he retires from public service and thank him. need with the tobacco industry to try to stop and you know, teach parents how to talk to He leaves our community better for his pres- the sale of tobacco to minors. In recent news their kids about smoking because it starts at ence. a big deal was made involving the advertise- home. June 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1183 COMMENCEMENT ADDRESS OF ing the future. That is true for each of the against these threats, we must take advan- SECRETARY OF STATE MAD- graduates today, and it is true for the United tage of the historic opportunity that now ex- ELEINE K. ALBRIGHT AT HAR- States. During the past few years, we seem ists to bring the world together in an inter- national system based on democracy, open VARD UNIVERSITY 50 YEARS to have observed the 50th anniversary of ev- erything. Through media and memory, we markets, law and a commitment to peace. AFTER SECRETARY OF STATE have again been witness to paratroopers fill- We know that not every nation is yet will- GEORGE C. MARSHALL AN- ing the skies over Normandy; the liberation ing or able to play its full part in this sys- NOUNCED THE MARSHALL PLAN of Buchenwald; a sailor’s kiss in Times tem. One group is still in transition from Square; and Iron Curtain descending; and centralized planning and totalitarian rule. Jackie Robinson sliding home. Another has only begun to dip its toes into HON. TOM LANTOS Today, we recall another turning point in economic and political reform. Some nations OF CALIFORNIA that era. For on this day 50 years ago, Sec- are still too weak to participate in a mean- IN THE HOUSE OF REPRESENTATIVES retary of State George Marshall addressed ingful way. And a few countries have regimes Wednesday, June 11, 1997 the graduating students of this great univer- that actively oppose the premises upon sity. He spoke to a class enriched by many which this system is based. Mr. LANTOS. Mr. Speaker, this past week who had fought for freedom, and deprived of Because the situation we face today is dif- ferent from that confronted by Marshall’s the United States and the countries of West- many who had fought for freedom and died. generation, we cannot always use the same ern Europe celebrated the 50th anniversary of The Secretary’s words were plain; but his means. But we can summon the same spirit. message reached far beyond the audience as- the June 5, 1947, Commencement Address at We can strive for the same sense of biparti- sembled in this year to an American people Harvard University by then Secretary of State sanship that allowed America in Marshall’s George C. Marshall in which the idea of the weary of war and wary of new commitments, day to present to both allies and adversaries Marshall plan was first publicly discussed. and to a Europe where life-giving connec- a united front. We can invest resources need- Fifty years to the day after Secretary Mar- tions between farm and market, enterprise ed to keep America strong economically, and capital, hope and future had been sev- militarily and diplomatically-recognizing, as shall delivered that seminal speech, our cur- ered. rent Secretary of State, Madeleine K. Albright, did Marshall, that these strengths reinforce Secretary Marshall did not adorn his rhet- each other. We can act with the same knowl- was likewise honored with an honorary degree oric and high-flown phrases, saying only that edge that in our era, American security and from Harvard University. It was an appropriate it would be logical for America to help re- prosperity are linked to economic and politi- and well-deserved honor for Secretary store normal economic health to the world, cal health abroad. And we can recognize, Albright. She has demonstrated during her 5 without which their could be no political even as we pay homage to the heroes of his- short months as Secretary of State great sen- stability and no assured peace. He did not at- tory, that we have our own duty to be au- tach to his plan the label, Made in America; sitivity and outstanding ability to deal with the thors of history. but rather invited European ideas and re- Let every nation acknowledge today the foreign policy issues facing our Nation. During quired European countries to do all they opportunity to be part of an international the previous 4 years when she served as the could to help themselves. His vision was in- system based on democratic principles is Permanent U.S. Representative to the United clusive, leaving the door open to participa- available to all. This was not the case 50 Nations, she demonstrated great diplomatic tion by all, including the Soviet Union—and years ago. capability as she acted to further our interests so there would be no repetition of the puni- Then, my father’s boss, Jan Masaryk, for- in that world body. She has had a most distin- tive peace of versailles—also to Germany. eign minister of what was then Czecho- British Foreign Secretary Ernest Bevin slovakia—was told by Stalin in Moscow that guished academic career, and she has been called the Marshall Plan a ‘‘lifeline to sink- his country must not participate in the Mar- actively involved in public service throughout ing men,’’ and it was—although I expect shall Plan, despite its national interest in her life. some women in Europe were equally appre- doing so. Upon his return to Prague, Masa- In her address at the Harvard University ciative. (Laughter) ryk said it was at that moment, he under- commencement, Secretary Albright, gave an By extending that lifeline, America helped stood he was employed by a government no address that was a masterfully crafted balance unify Europe’s west around democratic prin- longer sovereign in its own land. ciples, and planted seeds of transatlantic Today, there is no Stalin to give orders. If of graduation humor, tribute to her prede- a nation is isolated from the international cessor coupled with proper commemoration of partnership that would soon blossom in the form of NATO and the cooperative institu- community now, it is either because the the 50th anniversary of the Marshall plan, and tions of a new Europe. Just as important was country is simply too weak to meet inter- the articulation of a vision of the challenges the expression of American leadership that national standards, or because its leaders and opportunities for United States foreign pol- the Marshall Plan conveyed. have chosen willfully to disregard those icy at the end of the 20th and the beginning After World War I, America had withdrawn standards. of the 21st century. from the world, shunning responsibility and Last week in the Netherlands, President avoiding risk. Others did the same. The re- Clinton said that no democratic nation in Mr. Speaker, I ask that Secretary Albright's Europe would be left out of the transatlantic historic commencement address be placed in sult in the heart of Europe was the rise of great evil. After the devastation of World community. Today I say that no nation in the RECORD and I urge my colleagues to give War II and the soul-withering horror of the the world need be left out of the global sys- it the serious and thoughtful attention is clearly Holocaust, it was not enough to say that the tem we are constructing. And every nation that seeks to participate and is willing to do deserves. enemy had been vanquished, that what we all it can to help itself will have America’s Secretary Albright: Thank you. Thank were against had failed. help in finding the right path. (Applause.) you, President Pforzheimer, Governor Weld, The generation of Marshall, Truman and In Africa, poverty, disease, disorder and Vandenberg was determined to build a last- President Rudenstine, President Wilson, fel- misrule have cut off millions from the inter- low honorands, men and women of Harvard, ing peace. And the message that generation national system. But Africa is a continent all those who comprise the Harvard commu- conveyed, from the White House, from both rich both in human and natural resources. nity, guests and friends, thank you. parties on Capitol Hill, and from people And today, it’s best new leaders are pursuing I’m delighted to be here on this day of cele- across our country who donated millions in reforms that are helping private enterprise bration and rededication. To those of you relief cash, clothing and food was that this and democratic institutions to gain a foot- who are here from the class of ‘97, I say con- time, America would not turn inward; Amer- hold. Working with others, we must lend mo- gratulations. (Applause.) You may be in ica would lead. mentum by maintaining our assistance, en- debt, but you made it. (Laughter.) And if Today, in the wake of the Cold War, it is couraging investment, lowering the burden you’re not in debt now, after the alumni as- not enough for us to say that Communism of debt and striving to create successful sociation get through with you, you will be. has failed. We, too, must heed the lessons of models for others to follow. (Laughter and applause.) the past, accept responsibility and lead. Be- In Latin America and the Caribbean, inte- In fact, I would like to solicit the help of cause we are entering a century in which gration is much further advanced. Nations this audience for the State Department there will be many interconnected centers of throughout our hemisphere are expanding budget. (Laughter.) It is under $20 billion. population, power and wealth, we cannot commercial ties, fighting crime, working to As a former professor and current mother, limit our focus, as Marshall did in his speech raise living standards and cooperating to en- I confess to loving graduation days—espe- to the devastated battleground of a prior sure that economic and political systems en- cially when they are accompanied by a hon- war. Our vision must encompass not one, but dure. orary degree. I love the ceremony; I love the every continent. In Asia and the Pacific, we see a region academic settings; and although it will be Unlike Marshall’s generation, we face no that has not only joined the international difficult for me today—let’s be honest—I love single galvanizing threat. The dangers we system, but has become a driving force be- to daydream during the commencement confront are less visible and more diverse— hind it—a region that is home to eight of the speech. (Laughter.) some as old as ethnic conflict, some as new ten fastest growing economies in the world. Graduations are unique among the mile- as letter bombs, some as subtle as climate With our allies, we have worked to ease the stones of our lives, because they celebrate change, and some as deadly as nuclear weap- threat posed by North Korea’s nuclear pro- past accomplishments, while also anticipat- ons falling into the wrong hands. To defend gram, and invited that country to end its E1184 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1997 self-imposed isolation. We have encouraged playgrounds, where men and women like you I say this to you as Secretary of State. I China to expand participation in the inter- and me, and boys and girls like those we say it also as one of the many people whose national system and to observe international know, were abused or murdered—not because lives have been shaped by the turbulence of norms on everything from human rights to of anything they had done, but simply for Europe during the middle of this century, export of arms-related technologies. who they were. and by the leadership of America throughout Finally, in Europe, we are striving to ful- We all have a stake in establishing a prece- this century. fill the vision Marshall proclaimed but the dent that will deter future atrocities, in I can still remember in England, during Cold War prevented—the vision of a Europe, helping the tribunal make a lasting peace the war, sitting in the bomb shelter, singing whole and free, united—as President Clinton easier by separating the innocent from the away the fear and thanking God for Ameri- said this past week—‘‘not by the force of guilty; in holding accountable the perpetra- ca’s help. I can still remember, after the war arms, but by possibilities of peace.’’ tors of ethnic cleansing; and in seeing that and after the Communist takeover in Where half a century ago, American lead- those who consider rape just another tactic Prague, arriving here in the United States, ership helped lift Western Europe to prosper- of war answer for their crimes. (Applause.) where I wanted only to be accepted and to ity and democracy, so today the entire Since George Marshall’s time, the United make my parents and my new country proud. transatlantic community is helping Europe’s States has played the leading role within the Because my parents fled in time, I escaped newly free nations fix their economies and international system—not as sole arbiter of Hitler. To our shared and constant sorrow, cement the rule of law. right and wrong, for that is a responsibility millions did not. Because of America’s gener- Next month in Madrid, NATO will invite widely shared, but as pathfinder—as the na- osity, I escaped Stalin. Millions did not. Be- new members from among the democracies tion able to show the way when others can- cause of the vision of Truman-Marshall gen- of Central and Eastern Europe, while keep- not. eration, I have been privileged to live my life ing the door to future membership open to In the years immediately after World War in freedom. Millions have still never had others. This will not, as some fear, create a II, America demonstrated that leadership that opportunity. It may be hard for you, new source of division within Europe. On the not only through the Marshall Plan, but who have no memory of that time 50 years contrary, it is erasing the unfair and unnatu- through the Truman Doctrine, the Berlin ago, to understand. But it is necessary that ral line imposed half a century ago; and it is airlift and the response to Communist ag- you try to understand. giving nations an added incentive to settle gression in Korea. Over the years, many have come to think territorial disputes, respect minority and In this decade, America led in defeating of World War II as the last good war, for if human rights and complete the process of re- Saddam Hussein; encouraging nuclear stabil- ever a cause was just, that was it. And if ever form. ity in the Korean Peninsula and in the the future of humanity stood in the balance, NATO is a defensive alliance that harbors former Soviet Union; restoring elected lead- it was then. no territorial ambitions. It does not regard ers to Haiti; negotiating the Dayton Ac- Two full generations of Americans have any state as its adversary, certainly not a cords; and supporting the peacemakers over grown up since the war—first mine, now democratic and reforming Russia that is in- the bomb throwers in the Middle East and yours; two generations of boys and girls, who tent on integrating with the West, and with other strategic regions. have seen the veterans at picnics and pa- which it has forged an historic partnership, We welcome this leadership role, not in rades and fireworks saluting with medals signed in Paris just nine days ago. Teddy Roosevelt’s phrase, because we wish and ribbons on their chests; seeing the pride Today, from Ukraine to the United States, to be ‘‘an international Meddlesome Matty,’’ in their bearing and thinking, perhaps, what and from Reykjavik to Ankara, we are dem- but because we know from experience that a fine thing it must have been—to be tested onstrating that the quest for European secu- our interests and those of our allies may be in a great cause and to have prevailed. rity is no longer a zero-sum game. NATO has affected by regional or civil wars, power But today of all days, let us not forget that new allies and partners. The nations of vacuums that create opportunities for crimi- behind each medal and ribbon, there is a Central and Eastern Europe are rejoining in nals and terrorists and threats to democ- story of heroism yes, but also profound sad- practice the community of values they never racy. ness; for World War II was not a good war. left in spirit. And the Russian people will But America cannot do the job alone. We From North Africa to Solerno, from Nor- have something they have not had in cen- can point the way and find the path, but oth- mandy to the Bulge to Berlin, an entire con- turies—a genuine and sustainable peace with ers must be willing to come along and take tinent lost to Fascism had to be taken back, the nations to their west. responsibility for their own affairs. Others village by village, hill by hill. And further The Cold War’s shadow no longer darkens must be willing to act within the bounds of eastward, from Tarawa to Okinawa, the Europe. But one specter from the past does their own resources and capabilities to join death struggle for Asia was an assault remain. History teaches us that there is no in building a world in which shared economic against dug-in positions, surmounted only by natural geographic or political endpoint to growth is possible, violent conflicts are con- unbelievable courage at unbearable loss. conflict in the Balkans, where World War I strained, and those who abide by the law are Today, the greatest danger to America is began and where the worst European vio- progressively more secure. not some foreign enemy. It is the possibility lence of the past half-century occurred in While in Sarajevo, I visited a playground that we will fail to hear the example of that this decade. That is why the peaceful inte- in the area once known as ‘‘sniper’s alley,’’ generation; that we will allow the momen- gration of Europe will not be complete until where many Bosnians had earlier been killed tum toward democracy to stall; take for the Dayton Peace Accords in Bosnia are ful- because of ethnic hate. But this past week- granted the institutions and principles upon filled. (Applause.) end, the children were playing their without which our own freedom is based; and forget When defending the boldness of the Mar- regard to whether the child in the next swing what the history of this century reminds shall Plan 50 years ago, Senator Arthur Van- was Muslim, Serb or Croat. They thanked us—that problems abroad, if left unattended, denberg observed that it does little good to America for helping to fix their swings, and will all too often come home to America. extend a 15-foot rope to a man drowning 20 asked me to place in the soil a plant which [Applause.] feet away. Similarly, we cannot achieve our they promised to nourish and tend. A decade or two from now, we will be objectives in Bosnia by doing just enough to It struck me then that this was an apt known as neo-isolationists who allowed tyr- avoid immediate war. We must do all we can metaphor for America’s role 50 years ago, anny and lawlessness to rise again; or as the to help the people of Bosnia to achieve per- when we planted the seeds of renewed pros- generation that solidified the global triumph manent peace. perity and true democracy in Europe; and a of democratic principles. We will be known In recent days, President Clinton has ap- metaphor as well for America’s role during as the neo-protectionists, whose lack of vi- proved steps to make the peace process irre- the remaining years of this century and into sion produced financial meltdown; or as the versible, and give each party a clear stake in the next. generation that laid the groundwork for ris- its success. This past weekend, I went to the As this great university has recognized, in ing prosperity around the world. We will be region to deliver in person the message that the foreign students it has attracted, the re- known as the world-class ditherers, who if the parties want international acceptance search it conducts, the courses it offers and stood by while the seeds of renewed global or our aid, they must meet their commit- the sensibility it conveys, those of you who conflict were sown; or as the generation that ments—including full cooperation with the have graduated today will live global lives. took strong measures to forge alliances, international war crimes tribunal. (Ap- You will compete in a world marketplace; deter aggression and keep the peace. plause.) travel further and more often than any pre- There is no certain road map to success, ei- That tribunal represents a choice not only vious generation; share ideas, tastes and ex- ther for individuals or for generations. Ulti- for Bosnia and Rwanda, but for the world. We periences with counterparts from every cul- mately, it is a matter of judgment, a ques- can accept atrocities as inevitable, or we can ture; and recognize that to have a full and tion of choice. In making that choice, let us strive for a higher standard. We can presume rewarding future, you will have to look out- remember that there is not a page of Amer- to forget what only God and the victims wards. ican history, of which we are proud, that was have standing to forgive, or we can heed the As you do, and as our country does, we authored by a chronic complainer or prophet most searing lesson of this century which is must aspire to set high standards set by of despair. We are doers. We have a respon- that evil, when unopposed, will spawn more Marshall, using means adapted to our time, sibility, as others have had in theirs, not to evil. (Applause.) based on values that endure for all time; and be prisoners of history, but to shape history; The majority of Bosnia killings occurred never forgetting that America belongs on the a responsibility to fill the role of pathfinder, not in battle, but in markets, streets and side of freedom. (Applause.) and to build with others a global network of June 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1185 purpose and law that will protect our citi- HONORING JERUSALEM AS move of the United States Embassy from Tel zens, defend our interests, preserve our val- ISRAEL’S UNDIVIDED CAPITAL Aviv to Jerusalem. This will send a message ues, and bequeath to future generations a to our allies and foes alike that the United legacy as proud as the one we honor today. To that mission, I pledge my own best ef- HON. MICHAEL P. FORBES States will not stand for a divided Jerusalem forts and summon yours. Thank you very, OF NEW YORK and a war-torn Israel. I urge my colleagues to very much. IN THE HOUSE OF REPRESENTATIVES support Jerusalem's rightful place in the world as the capital of Israel. f Wednesday, June 11, 1997 f 125TH ANNIVERSARY OF ENTER- Mr. FORBES. Mr. Speaker, I rise in support PRISE STEAMER COMPANY’S of the resolution calling upon the Clinton ad- STATEMENTS BY LUC FILLION SERVICE TO THE VILLAGE OF ministration to publicly reaffirm as United AND EVAN PAUL, CANAAN HIGH WALDEN AND WALDEN FIRE DIS- States policy that Jerusalem remain the undi- SCHOOL, REGARDING INDUS- TRICT vided capital of Israel and congratulate the TRIAL HEMP residents of Jerusalem and all of Israel on the HON. BENJAMIN A. GILMAN 30th anniversary of the city's reunification. HON. BERNARD SANDERS OF NEW YORK Two years ago, Congress overwhelmingly OF VERMONT IN THE HOUSE OF REPRESENTATIVES passed the Jerusalem Embassy Relocation IN THE HOUSE OF REPRESENTATIVES Wednesday, June 11, 1997 Act of 1995. This historical legislation marked the first time that United States policy recog- Wednesday, June 11, 1997 Mr. GILMAN. Mr. Speaker, I rise today in nized Jerusalem as the undivided capital of Is- Mr. SANDERS. Mr. Speaker, for the benefit recognition of the Enterprise Steamer Compa- rael, and that the United States Embassy be of my colleagues I would like to have printed ny's 125th anniversary of devoted service to established in the city no later than May 1999. in the RECORD this statement by high school the village of Walden and the Walden fire dis- Today, I rise to commend the House on its students from Canaan High School in Ver- trict. A parade will be held on June 14th in most recent vote on this issue. Yesterday, by mont, who were speaking at my recent town honor of the Enterprise Steamer Company's an overwhelming majority, the House passed meeting on issues facing young people. dedication to the village. House Concurrent Resolution 60 expressing On June 11, 1872, the Walden Village trust- Mr. FILLION. Congressman Sanders, fellow the sense of Congress that Jerusalem is the students, we are here today to voice our ees purchased the button steam fire engine. undivided capital of Israel and urging the Clin- opinion on the legalization of industrial Shortly thereafter, the late Thomas W. Bradley ton administration to publicly affirm it. I whole- hemp. Industrial hemp is not a drug, it is not used it to organize the Enterprise Steamer heartedly embrace this resolution. marijuana; it is a relative of the marijuana Company No. 2. This vehicle is a vital part of It is imperative that the United States Gov- plant, but contains virtually no delta-9 home town parades in the village of Walden, tetrahydrocannabinol, or THC, the mind-al- ernment adopt a strong public policy affirming as it has been for 125 years. tering drug found in marijuana. This means Like the button steamer, there are also sev- that an undivided Jerusalem must remain the that industrial hemp cannot get anyone eral members of the company who have been capital of Israel, in support of the only demo- high, even the most stubborn pot smoker. instrumental in its affairs. Former Chief Rich- cratically elected government, and America's There are innumerous benefits to be gained ard Tenney has been active in the company strongest ally in the Middle East. There are from the cultivation of industrial hemp. If good political reasons why the administration only 6% of the contiguous United States for 68 years and is currently its oldest living were used to grow hemp, it could supply to member; consequently, Mr. Tenney is one of should adopt this congressional mandate as U.S. policy. More importantly, there are signifi- us all of the electricity, heat, and all the fuel the few who saw the button steamer in oper- we need for our cars. Hemp could also be ation. Other long time members include an- cant religious, historical, and moral reasons used to make stronger and more moisture-re- other previous chief, Robert Goldsmith, who why Jerusalem must remain the undivided sistant paper which would stop paper from has served for 44 years, Lawrence Shaffer, capital of Israel. shrinking, curling or deteriorating as easily. who has worked for 53 years, and the current Jerusalem is the center of Jewish identity An acre of hemp can produce four times as president of the Enterprise Steamer Company, and worship and has been since King David much paper as an acre of trees, saving this Michael Pangia. Mr. Pangia, who has been made it his capital 3,000 years ago. Through- country’s diminishing forests and the out that history, the Jewish people have been rainforest. the company's president for 12 years, is a Vermont definitely could benefit from in- former chief, assistant chief, and deputy chief, faithful stewards of the city of Jerusalem, keeping it safe and open to people of all dustrial hemp’s legalization. If Vermont’s and thus has 44 years of active service. The agricultural and dairy farmers would turn to present chief of the Enterprise Steamer Com- faiths. So deep is the connection to Jerusalem industrial hemp as their main asset, the pany is Howard R. Edwards, who is the that almost every piece of Jewish literatureÐ farmers could quadruple their agricultural youngest chief ever to serve for any Walden from ancient prayers to modern storiesÐ income. Fire Company. speaks to Jerusalem's religious and cultural These are just a few of the ways that in- In order to celebrate its 125th anniversary of significance. dustrial hemp can be utilized. We would like assistance to the Walden fire district, the En- Only once ion its history has Jerusalem to know why we are striving if this invalu- able resource can help us so tremendously terprise Steamer Company has refurbished its been dividedÐfrom 1948 to 1967. Barb wire and mine fields split the city, Jews were for- with our problems today? original ticker tape. In addition, the original Mr. PAUL. Hemp can be used to improve so button steamer has been refurbished, and will bidden access to the sacred holy sites of Ju- many of the products that we use today. It be drawn by a team of Clydesdale horses in daism, synagogues were demolished, and can be used in ropes and sails for ships; the anniversary parade, akin to the method in gravestones were torn up. Today, all Chris- stronger papers and materials ranging in which it was used in the late 1800's. The truck tians, Muslims, and Jews are allowed unre- quality from burlap to silk; and healthier, used by the company at present time is a stricted access to their holy sites and the Is- less fatty foods, especially meat substitutes 1972 maxim pumper. Refurbished in 1985, the raeli Government remains committed to pre- and birdseed. truck has served the company for 26 years serving the peaceful coexistence between the Hemp can be used for fuel with a 95% effi- diverse religious faiths which live side by side ciency conversion, and unlike fossil fuels and will also be a part of the anniversary pa- (petroleum) or nuclear power, it is a renew- rade. in the city. able and replenishable resource, and it is ex- At the 100th anniversary of the Enterprise Jerusalem has been Israel's capital since tremely easy to grow in nearly all climates, Steamer Company, President Johnson at- the rebirth of the state. Even with the city di- including Vermont’s. tended the festivities. The Enterprise Steamer vided, Jerusalem was dedicated as the capital Hemp fiber needs little more than nitrogen Company is the only company in Walden to in 1948. For more than four decades, the of- to grow. Even here in Vermont hemp and be honored with the presence of an American fices of Israel's President and Prime Minister, other cannabis plants grow wild in ditches President. This year, I will be attending this the Knesset, and most government ministries and forests. In fact, Australia survived two momentous occasion in order to pay tribute to have been located in Jerusalem. 19th century famines on the seeds and leaves a company which has long benefitted the peo- We cannot ignore the challenge that has of industrial hemp alone. Mr. FILLION. Many officials believe that le- ple of the village of Walden. The Enterprise been placed before us if we are to see Israel galizing hemp would lead to the legalization Steamer Company has provided an invaluable survive as a free and flourishing state. We of marijuana and eventually even harder service to the community. The parade held in must back up our good intentions with action. drugs such as cocaine and heroin. There is no its honor is a tribute to all those citizens who Congress must ensure that adequate funds basis whatever for these assumptions. Indus- have performed a great service to all. are made available to facilitate the eventual trial hemp, as we have stated, is not a drug, E1186 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1997 so how do you go from legalizing harmless Fewer students than ever say parents warn LEGACY OF THE MARSHALL plants to legalizing hard-core drugs? There is them. Schools are doing a much better job PLAN—REMARKS OF SECRETARY no connection between the two. than parents in warning youth about illicit OF STATE MADELEINE K. It makes no sense to be afraid of a plant drugs. Some 88.9 percent said their teachers that has been grown for thousands of years have taught them about drug dangers. ALBRIGHT AT THE GEORGE C. around the globe. In fact, industrial hemp Among the youth who say their parents MARSHALL FOUNDATION DINNER was grown in the United States in the 18th never talk with them about illicit drugs, CELEBRATING THE 50TH ANNI- and 19th centuries. It was made illegal in 35.5. percent reported using an illicit drug in VERSARY OF THE MARSHALL 1937 by the Food and Drug Administration, the past year. That number dropped to 26.6 PLAN but only years later during World War II, it percent for those whose parents spoke about was relegalized because of economic trou- it ‘‘a lot.’’ bles. It makes more sense to be afraid of not Schools are least likely places for drug HON. TOM LANTOS having it. abuse. OF CALIFORNIA Industrial hemp’s roots are strong and very Sure, the evidence of drug use shows up IN THE HOUSE OF REPRESENTATIVES there, but use that isn’t the favorite place. extensive, and have been shown to hinder Wednesday, June 11, 1997 and ultimately prevent erosion in such ero- Among five choices (home, friend’s home, sion-prone places as China where hemp, but car, school, other place), students reported Mr. LANTOS. Mr. Speaker, this past week not marijuana, is legal. school as the least likely place. Only 4.2 per- the United States and the countries of West- We are not for the legalization of mari- cent said they smoked marijuana at school. Most reported they used illicit drugs when ern Europe celebrated the 50th anniversary of juana; we are for the legalization of indus- the June 5, 1947, Commencement Address at trial hemp. their parents were in charge. In most in- The government already knows the great stances, it is without the parents’ awareness. Harvard University by then Secretary of State benefits of legalizing industrial hemp. Our That in itself indicates the parents aren’t in George C. Marshall in which the idea of the question is, what’s the holdup? touch with who their child really is. Marshall plan was first publicly discussed. Mr. PAUL. Because they do not really know This is not casual recreational use. Stu- Just a few days ago here in Washington on the facts. There are a lot of differences be- dents are getting higher than before on mari- June 5Ðthe anniversary of former Secretary tween industrial hemp and marijuana, but juana, cocaine, heroin, LSD and amphet- of State Marshall's address at HarvardÐour amines. This is not experimental. It is because of the world hemp a lot of people current outstanding Secretary of State, Mad- have come to believe is a slang word for monthly, weekly and daily use. Additionally, marijuana. They confuse the two and believe students are getting higher than ever on eleine K. Albright, delivered excellent remarks that they are the same thing. beer, inhalants, hallucinogens and uppers. at the dinner of the George C. Marshall Foun- Mr. FILLION. Industrial hemp is a biomass Only a parents’ war on drugs can stem the dation celebrating the 50th anniversary of the like many other plants, and by using a pro- tide. Some 73.3 percent of twelfth graders say Marshall plan. cedure called porolysis it can be diverted drugs are easy to get. Building personal Mr. Speaker, I ask that Secretary Albright's character and individual well-being is the into something that can be used for fuel and remarks be placed in the RECORD and I urge way to equip a person to abstain. into things such as crude oil or oils close to my colleagues to give her statement serious vegetable oil and petroleum. Parents, use every resource at our dis- posal. There is a reason youth use drugs. A and thoughtful attention. f primary one is they are spiritually deprived President Ford, thank you for that wonder- by the media and their world in general. Par- ful introduction. Excellencies, distinguished ACHIEVING A DRUG-FREE ents, there are churches who will open their colleagues and guests, in the last few years, AMERICA BY 2001 doors and hearts to you today. we seem to have observed the 50th anniver- The Rev. Nelson Price is pastor of Roswell sary of everything. Today, we have been HON. NEWT GINGRICH Street Baptist Church. brought together by a foundation dedicated to the memory of a man who made every- OF GEORGIA f thing possible. IN THE HOUSE OF REPRESENTATIVES HONORING DR. EVERETT SLAVENS As much as anyone else, it was George Wednesday, June 11, 1997 Marshall who engineered our victory in the Second World War and who helped us prevent Mr. GINGRICH. Mr. Speaker, I want to en- HON. IKE SKELTON a third. courage my colleagues to read the following OF MISSOURI The United States entered World War II be- article by Rev. Nelson Price, who chairs the IN THE HOUSE OF REPRESENTATIVES cause we had to, because our immediate sur- Drug-Free District Coalition in the sixth district Wednesday, June 11, 1997 vival was at stake. The same cannot be said of Georgia. Rampant drug abuse reflects the about the Marshall Plan. Mr. SKELTON. Mr. Speaker, after nearly 40 breakdown of a society, and for this reason, I In 1947, the American people were weary of years of teaching with integrity and commit- reiterate my challenge of achieving a drug-free war and wary of new commitments. They ment, Dr. Everett Slavens, a former Missou- America by 2001. This is not about a Federal wanted nothing more than to come home, rian, now of Arkadelphia, AR, has announced stay home and make the baby boom boom. It program, an additional piece of legislation, or his retirement. was not self evident that our nation would even more money. This is about the daily in- Slavens, who has been blind since birth, come together to support the act of unparal- volvement of local communities, schools, has taught in the History Department at leled generosity which was the Marshall churches, teachers, and, as Reverend Price Ouachita Baptist University for 36 years. Stu- Plan. But we did. And we did it in a way that was uniquely inclusive in design, uniquely stresses, parents, to assure that every person dent workers have assisted Slavens by taking can pursue happiness in a drug-free America. expansive in scope, and uniquely American attendance and proctoring during quizzes. In in spirit. [From the Marietta Daily Journal, June 1, the office, student workers record readings of We used Marshall aid to encourage the cre- 1997] all papers and tests for Slavens to listen to ation of a united Europe, which was an PARENTS MUST LEAD DRUG WAR and grade at his own convenience. amazingly ambitious goal just a few years (By Nelson Price) Aside from teaching, Slavens is a scholar of after the most terrible war in European his- We have a crisis. black culture studies. While attending the Uni- tory. We offered Marshall aid to the Soviet There is an epidemic sweeping our nation versity of Missouri, at Columbia, he focused Union and Eastern Europe, though the Iron more destructive than any in our history. his doctoral dissertation on the black press. Curtain had already begun to descend. Our vision specifically embraced our former ad- Tragically most don’t even know it. He is the author of numerous articles and We speak of the drug culture of the late versaries, even though this was hard for 1960s and early ’70s as bad, and it was. But at book reviews related to African-American many people to accept. the present rate we will exceed those records newspapers. Soon, we would launch the Berlin airlift, for illicit drug use in our country. To com- Slavens is an active member of First Pres- though the experts said it was not possible to plicate that, the drugs now being used are byterian Church, where he serves on an AIDS feed a whole city by air. We would pledge to significantly stronger. Observe: care team. After retirement, he plans to write defend Greece and Turkey, though many said Almost one in 10 high school seniors (8.4 a book and take more time for writing and re- that these nations were too distant and re- percent) uses drugs daily. searching. mote to be a part of our community. Nearly one in five twelfth graders (18.3 per- It is the dedicated individuals, like Dr. Today people ask: How can we best live up to the spirit of the Marshall Plan? The an- cent) uses an illicit drug weekly or more. Slavens, who are providing the basis for our More than one in four (26.5 percent) use an swer is that we must do what is right, even illicit drug once a month or more. futureÐthe education of America's youth. I though it is hard. That is the spirit in which Between 1987–88 and 1990–91 there was an join with many others in wishing Dr. Everett our soldiers and diplomats are working in increase of 72.6 percent in the annual use of Slavens all the best in his retirement and in Bosnia. That is the spirit in which we are en- illicit drugs. thanking him for his years of service. larging NATO, forging new ties with all of June 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1187 Europe’s new democracies, and building a as dean of the Council of Arab Ambassadors give back to the organization that has done so new partnership with Russia. and as dean of the Council of African Ambas- much for our community. After all, when one Each of these commitments entails risks sadors. of these very special persons receives the and costs. But that just reminds me of some- thing Senator Arthur Vandenberg said dur- Following the coup that removed President educational or vocational training they need to ing a debate on the Marshall Plan 49 years Numeiry from office in 1985, Ambassador become a successful and happy member of ago. I quote, ‘‘The greatest nation on earth,’’ Eissa made his home near Washington and our community, we all benefit from their pres- he said, ‘‘either justifies or surrenders its became an American citizen. On behalf of my ence. I would ask my colleagues in the U.S. leadership. I have no quarrel with those who colleagues, I extend heartfelt condolences to House of Representatives to join me in salut- disagree because we are dealing with his wife and children, who can be justifiably ing the work of this great organization. imponderables.’’ He said, ‘‘But I cannot say proud of his many accomplishments. to those who disagree that they have escaped f f to safety by rejecting or subverting this plan. They have simply fled to other risks, A TRIBUTE TO THE SUFFOLK STATEMENTS BY DANIELLE and I fear far greater ones. For myself,’’ Sen- CHAPTER, ASSOCIATION FOR DUPUIS AND PHILIP BIDWELL, ator Vandenberg said, ‘‘I can only say that I THE HELP OF RETARDED CHIL- ESSEX TECHNICAL CENTER, RE- prefer my choice of responsibilities.’’ DREN GARDING DRUG USE BY TEEN- In the letter that President Clinton asked AGERS me to deliver to all of you today, he writes that ‘‘our generation has been blessed with HON. MICHAEL P. FORBES the chance to complete the great endeavor OF NEW YORK HON. BERNARD SANDERS that Marshall’s generation began—to build a OF VERMONT democratic, peaceful, undivided Europe for IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES the first in history.’’ He reminds us that the Wednesday, June 11, 1997 Marshall Plan’s success is evident not just in Wednesday, June 11, 1997 Mr. FORBES. Mr. Speaker, I rise today to the recovery of Western Europe’s economies, Mr. SANDERS. Mr. Speaker, for the benefit but in the process of European integration pay tribute to an organization that provides that it sparked; the reconciliation between services to over 1,300 individuals in Suffolk of my colleagues I would like to have printed old adversaries that it enabled; and Ameri- County, Long Island, with the vital mission of in the RECORD this statement by high school ca’s lasting engagement in Europe, which it educating disabled children. The largest vol- students from Essex Technical Center in Ver- sealed. ‘‘No one better understands,’’ the untary agency in Suffolk County, the Associa- mont, who were speaking at my recent town President continues, ‘‘all those transatlantic tion for the Help of Retarded Children provides meeting on issues facing young people. strands than your honoree tonight, my training and habilitative services at 24 loca- Ms. DUPUIS. My name is Danielle Dupuis friend Helmut Kohl.’’ tions across the county, and is distinguished and I live in Colchester. This is Philip At the beginning of this miraculous decade Bidwell, he lives in Underhill but attends of coming together, Chancellor Kohl engi- by the selflessness, hard work, and dedication of its workers. Essex Technical Center. Rebecca Johnson neered the unification of Germany within and Troy Hibbard cannot be here with us the NATO Alliance and the European Union. The staff at AHRC have for many years today. This was not an easy thing to do. It was an worked to provide their communities with a We did a survey on teenage drug use in our act of faith, requiring great sacrifice. But it protective and educational environment that school and we found that 50 percent of the was right. And today we look back upon it as these children deserve. At the organization's students in our school use drugs, we found the founding act of a Europe that is becom- Sagtikos Educare Center in Commack, infants, that 21 percent of them use them on a daily ing whole and free. preschoolers, and school age children receive basis. The top two drugs in high school were Chancellor Kohl was a child of the Europe marijuana and alcohol, and they are both that the Marshall Plan rebuilt and trans- individualized attention. Their development is fostered when local school districts are not used by 50 percent of the students. formed. All his life, he has been a champion We feel that teenage drug use in this coun- of the kind of Europe that Marshall’s genera- able to help them. This school is an excep- try is a rising problem. Everyday in and out tion envisioned—a Europe where borders tional place, where disabled students discover of school students are using substances unite rather than divide. new opportunities. The care of any child is a whether they are legal or illegal. We feel Chancellor Kohl, we thank you for your full-time job, but a child with special needs that a required high school level drug edu- many years of statesmanship, and we salute cation class would be a way to solve this you for your leadership in the present. It is leaves a parent little time to pursue his or her problem. my great privilege to introduce you to this own efforts. It is a blessing to the parents of Mr. BIDWELL. Basically we think that it is audience today. (Applause.) these children, who have strived to build a better life for their sons and daughters, that more and more of a problem everyday in the f school systems and we think that in order to the AHRC is here to assist them. resolve this we should have a class that is re- IN MEMORY OF OMER EISSA The AHRC does not teach children to ac- quired in the school system for drug edu- cept their conditions, but it fosters their self- cation because it is not that the fifth grade HON. BENJAMIN A. GILMAN esteem, teaches them living skills, and students have a class where they are intro- duced to drugs and what the effects are and OF NEW YORK strengthens them both physically and emotion- ally. The programs help these children to grow stuff, but as teenagers these get more and IN THE HOUSE OF REPRESENTATIVES to the point that the need for a lifetime of cost- more into peer pressure and they need to be Wednesday, June 11, 1997 ly special services is greatly reduced. Further- brought up against anything that can hap- pen. it is not just a fact of people doing them Mr. GILMAN. Mr. Speaker, on Tuesday, more, the AHRC, through its valiant and ongo- but people are dying from them. May 20th, the United States lost a good friend ing efforts, has helped to build community Ms. DUPUIS. We found that 25 percent of when Omer Eissa, the former Ambassador of awareness about the abilities of these special the students that use drugs use them in Sudan died tragically in an auto accident while young Long Islanders. The AHRC's vocational school. visiting his home country. program has successfully placed its adults into Mr. BIDWELL. I think that students, if you Ambassador Eissa served with great distinc- packaging and assembling jobs, where they go up and talk to somebody like a student, tion as Ambassador to the United States when have joined the proud Long Island work force, that is just not normal to anybody else, but Gaafar Mohammed Numeiry was the Presi- gained a large degree of independence, and if they are going to somebody the same age just like them they are more open about it. learned the skills which lead to competitive dent of Sudan, and many Members of Con- Ms. DUPUIS. They feel more comfortable. gress came to know him well. employment opportunities. Furthermore, the Other drugs were used, but marijuana and al- Ambassador Eissa had a long and distin- Long Island community has welcomed 16 cohol were the main concerns. We surveyed guished career of public service in Sudan, AHRC-operated residences into its neighbor- marijuana, cocaine, speed, acid, alcohol, serving as a member of the Sudanese Par- hoods, where disabled adults work together as mushrooms, hashish and we then had an- liament, where he was chairman of the Com- a family, and participate in the community with other category and those were all low, they mittee on Housing and Education, before their neighbors. Indeed, it brings a great de- ran about five or six percent, in that area. being appointed to the cabinet of President gree of normalcy, independence, and accept- There is such a big campaign against drugs but yet there are so many students that are Numeiry. ance to their lives. using drugs, you want to know what is the He subsequently was appointed Ambas- On June 9, 1997, a fundraiser is being held big deal, what is it like? I will try it once. sador to the United States, serving concur- which recognizes the AHRC's efforts on behalf And they try it once and that is it, you are rently as nonresident Ambassador to Canada of our Long Island families, friends, and neigh- addicted for life. I think a lot of it has to do and Mexico. During his tenure he also served bors. Long Islanders will open their hearts to with just being cool, too. E1188 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1997 WOMEN IN THE MILITARY curity has been and would be jeopardized be- SPECIAL PEOPLE PROGRAM OF cause women are not as strong or aggressive IBPOE OF W as men and their presence would impair the HON. LEE H. HAMILTON effectiveness of the fighting force. OF INDIANA HON. LYNN N. RIVERS IN THE HOUSE OF REPRESENTATIVES SEXUAL MISCONDUCT OF MICHIGAN Wednesday, June 11, 1997 The sexual misconduct cases which have IN THE HOUSE OF REPRESENTATIVES Mr. HAMILTON. Mr. Speaker, I would like to been in the news in recent months have fall- Wednesday, June 11, 1997 en into two general categories. The first insert my Washington Report for Wednesday, Ms. RIVERS. Mr. Speaker, for the record, I group involves cases of sexual harassment ONGRESSIONAL June 11, 1997, into the C and abuse. The most serious scandal has oc- would like to recognize the Special People RECORD. curred at Aberdeen Proving Ground in Mary- Program of the Improved Benevolent Protec- WOMEN IN THE MILITARY land, where 12 drill sergeants have been tive Order of the Elks of the World [IBPOE of The case involving Air Force First Lt. charged with harassing or abusing female W]. For the past 10 years, this program has Kelly Flinn has refocused national attention trainees. The services have adopted a policy recognized young persons with physical or on the role of women in the American mili- of ‘‘zero tolerance’’ toward harassment, and mental challenges at the Annual Convention of tary. Women have become an integral part of have prosecuted the Aberdeen and other the Elks Fraternity. This extraordinary pro- our fighting force over the last 20 years. The cases with vigor. Some in Congress are call- gram, fueled by the hard work of the IBPOE percentage of women in the military has in- ing for segregating women and men during of W, recognizes the individual abilities and creased from less than 2% in the early 1970s basic training to reduce the risk of mis- contributions of community citizens with spe- to over 13% today. Women today serve in a conduct, while others say such a change cial needs. wide range of occupations in the services, would mark a step backward. and have participated with distinction in The Special People Program selects one every major military action, including the The second group involves cases of adul- youth as the annual Poster Child. Each year Persian Gulf War. tery and fraternization, which generally re- financial benefits, raised from donations and There are two main reasons for the in- fers to relations between officers and en- raffles, are given to this child and his family. creasing role of women in the military. listed personnel. Adultery and fraternization In addition, the program continues its commit- First, our armed forces need women. Our na- can be crimes in the military, although a ment to past Poster Children through annual tional security would be diminished by ex- commanding officer has broad discretion in donations. cluding half of the talent and courage from handling such cases. Disciplinary actions This year's Poster Child is Marquise Taylor the defense of the country. Prior to 1973 the range from administrative remedies, such as military could rely on the draft of young counseling, to court-martials involving pos- of Lexington, KY. Fifteen-month-old Marquise men to fill positions in the services. But sible fines, demotions, and sentences. Sev- was born with a severe congenital heart defect after the draft was abolished in the wake of eral senior officers where charged with both as well as Down's Syndrome. In this particular the Vietnam War, the services have had to in recent weeks, as was Kelly Flinn, who was type of heart defect, the separation between recruit women to meet personnel needs. Sec- also charged with lying and disobeying or- his cardiac chambers were not fully devel- ond, our society has insisted on greater op- ders. The Pentagon says that such conduct oped, resulting in unstable blood flow. portunities for women in the workforce, in- erodes discipline and order. Critics contend Marquise underwent surgery at the age of 5 cluding the military. current policy is too harsh, intrudes greatly The U.S. military has, for the most part, months to correct this defect and his progno- into the private lives of service members, succeeded in integrating women into the sis is excellent. Yet Marquise still lives with armed forces. The U.S. is the pre-eminent and is inconsistently applied. Down's Syndrome, an incurable condition that military power in the world today, and its ASSESSMENT will continue to challenge him as he grows. fighting force remains the best-trained, best- I would like to congratulate the IBPOE of W equipped and most effective. There have, The military, like the civilian workforce, for their outstanding community service and however, been challenges. The first set of is adjusting to the large influx of women dedication to supporting citizens with special challenges centers on the role of women in into its ranks. In many respects, the Penta- needs. I wish Marquise and his parents, Car- the military. Women have traditionally gon has handled effectively this transition to los and Roxie Taylor, all the best for the fu- filled clerical, support and medical positions a mixed-sex force. The U.S. fighting force, as in the services, but there has been a push for demonstrated in the Persian Gulf War, con- ture. women to assume new roles, including com- tinues to be the best in the world, and, over- f bat positions. The second set of challenges all, the military has adapted well to a chang- SMALL BUSINESS: THE BACKBONE relates to sexual conduct among service ing society. members. The military has strict rules on OF OUR ECONOMY sexual misconduct, but has arguably en- The military, however, continues to face forced those rules inconsistently. difficult questions on the role of women in the armed forces. I believe women deserve HON. JAMES A. BARCIA WOMEN IN COMBAT the opportunity to serve in certain combat OF MICHIGAN Current law gives the Secretary of Defense positions if they meet service requirements IN THE HOUSE OF REPRESENTATIVES and the service secretaries discretion over and qualifications for those assignments and whether women may serve in combat posi- Wednesday, June 11, 1997 if doing so is in the best interest of national tions and over which assignments may be security. I do think, however, that these Mr. BARCIA. Mr. Speaker, this country's opened to women. In 1994 the Defense De- economy is fueled by a diverse and broad partment opened more than 80,000 combat-re- changes should occur incrementally and with lated jobs to women. Consequently, more extensive consultation with military leaders. group of smaller companies whose strengths than 92% of the career fields and 80% of the The cases of sexual misconduct raise dif- lie in their innovation and flexibility. It is these total jobs are now open to women. The De- ficult questions. It is, of course, appropriate companies that were recently honored at the fense Department, nonetheless, continues to for the services to prosecute vigorously cases 1997 Small Business Person of the Year restrict certain combat assignments for of rape and harassment, and take every step Award in Washington, DC. women, particularly service in ground forces to keep our recruits safe. The rules on adul- I would like to honor the sole Michigan re- where the risk of direct physical contact tery and fraternization are problematic. The cipient of this award, Wright-K Technology, with the enemy is high. The Air Force has military is a highly structured institution, Inc., of Saginaw, whose management team of opened relatively more combat positions to lacking many of the freedoms of the civilian women than have the other services. CEO Robert Floeter, President John Sivey world, and requiring unusual intimacy from There continues to be debate about wheth- and Secretary-Treasurer Constance er the services should open more combat po- close bunks to showers and a strong empha- Kostrzewa was nominated for this distinction sitions to women or restore pre-existing law sis on discipline and morale. My impression, by Saginaw Future, Inc. Criteria for nomination which barred them from serving in many however, is that the rules have been arbi- and selection included sales and employment such jobs. Those who support opening more trarily applied and that some individuals are growth, staying power, local community com- positions to women argue that women serv- punished for behaving in ways others get away with. The military’s purpose in dealing mitment, innovativeness of product, and re- ice members cannot advance to the top posi- sponse to adversity. tions in the military without combat experi- with these relationships must be to ensure ence, and make the further point that the good discipline and morale of its troops, One of the secrets of Wright-K's success is women who have the ability and desire not to try to enforce morality. What is most their strong belief that every single employee should be given the opportunity to serve in important is that the rules be clearly ex- of the company is crucial to its ultimate pro- such positions. In contrast, those who oppose plained, consistently enforced, and applica- ductivity and strength. They value their em- women in combat contend that national se- ble to all, regardless of sex, race or rank. ployees, which comes through in company June 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1189 policy and the simple way they treat everyone job, and one of the examples I give when peo- Francisco F. and Geraldine Levinson on their who works at Wright-K. I believe that this atti- ple ask me to explain why I feel that way is receipt of the 1997 Merrillville Exchange tude of respect comes back tenfold to the that I have had the chance to know, befriend, Club's Book of Golden Deeds Award. Dr. and company since everyone feels that when the learn from, and work with Mark Sullivan. Mrs. Levinson will receive this award at a company rises, all boats within the company SULLIVAN LEADS BY DOING luncheon held at the Radisson Hotel at Star also rise. The row of crock pots lined up along the Plaza in Merrillville, IN, tomorrow, June 12, The growth of Wright-K Technology has ex- buffet table at Mark A. Sullivan’s silver an- 1997. The Levinsons will be joined by friends ploded in the past 4 years, evidenced by over niversary celebration just about said it all. and family on this special occasion. a doubling of employees from 146 to nearly The decidedly casual affair, held at Citi- The Exchange Club, a national organization 350 today. This manufacturing company de- zens for Citizens headquarters on Griffin devoted to a variety of initiatives involving the Street, was organized as a surprise to the signs, builds, and rebuilds special assembly, man who has served as its executive director Nation's youth, the well-being of its commu- test, metal removal, laser, and welding equip- for the past 25 years. nities, and responsibility of its citizens, ment. In fact, its superior performance has Clearly, Sullivan’s employees know him bestows the Book of Golden Deeds Award placed it among the 100 fastest growing firms well. Home-cooked chourico and peppers is upon individuals who have accepted leader- in Michigan, moving up to No. 55 after more his style than filet mignon and Del- ship roles in bettering the communities and/or debuting at No. 86 in 1996. monico potatoes. And that unpretentious- world in which they live. The Levinsons have ness is the source of both Sullivan’s charm Wright-K's management team also gives and success. been awarded the Book of Golden Deeds back to the community many times over by The son of a bus driver/union president and Award, the most distinguished award the serv- volunteering their time and resources to sup- community activist in his own right, Sulli- ice club can bestow, for their many contribu- port important initiatives like school-to-work van learned to accept people from all walks tions to the communities of Gary and programs, hospital and church programs, the of life at a tender age. Sullivan credits both Merrillville. Boy Scouts, and chambers of commerce. It is his mother and father with teaching him—by The Levinsons have positively impacted example—to treat all people equally. through these types of involvement that a That’s a quality Sullivan has carried into these communities by contributing their time company's dedication and staying power in his work at the community action agency, and energy in the areas of health, community the community is truly characterized. where he put his own unique and refreshing organizations, and sports. Dr. Levinson served I am enormously pleased to commend spin on it. on the Gary Board of Health for 25 years, and Wright-K Technology, Inc., and to highlight the Renowned—at least in The Herald News the Indiana State Board of Health for 20 accomplishments of this firm and its employ- newsroom—for knowing how to turn a years. Among his many accomplishments phrase, Sullivan is seldom without an opin- ees both from an economic and a philan- ion on issues that effect his constituency. while with these organizations was his instru- thropic standpoint. I believe that this company ‘‘That designation qualifies us for a grant mental role in bringing water fluoridation to the serves as a model for aspiring small busi- of $256,000 to eliminate poverty in southeast- area's filtration system. Dr. and Mrs. Levinson nesses nationwide and globally, and I look for- ern Massachusetts,’’ Sullivan once said, ex- were also essential in the erection of the main ward to witnessing continued years of growth plaining the Fall River City Council’s en- building for the Lake County Association for and success. dorsement of the agency. ‘‘And that’s enough Retarded Children. to buy everybody a hamburger and send In addition, Dr. and Mrs. Levinson have de- f them home.’’ Indeed, Sullivan has demonstrated a gift voted their efforts to numerous volunteer orga- SULLIVAN LEADS BY DOING for glibness, but also for putting a human nizations. Dr. Levinson served 5 years of ac- face on dry statistics with irreverent, no- tive duty in the U.S. Army, followed by 29 HON. BARNEY FRANK nonsense—sometimes bordering on offen- years in the Active Reserves, from which he sive—explanations. OF MASSACHUSETTS retired as a lieutenant colonel. He was also an The sideburns that dipped an inch or two active member of the Gary Exchange Club IN THE HOUSE OF REPRESENTATIVES below his earlobes have long since been where he instituted the Toothbrush fund raiser, Wednesday, June 11, 1997 trimmed and the thickly pin-striped suit probably placed in mothballs since Sullivan which successfully raised money for the orga- Mr. FRANK of Massachusetts. Mr. Speaker, began as CFC director in 1972, but his passion nization by selling toothbrushes to large cor- we hear a lot from from time to time about about his job remains undiminished. porations. Dr. Levinson has also maintained burnoutÐabout people whose constitutions Even though Sullivan expresses disdain for leadership positions in numerous professional, are too delicate to allow them to continue with what was once known as the war on poverty, civic, and community service organizations. pointing to the absurdity of its existence in hard work. Unfortunately, that is a condition the greatest economic nation in the history Over the years, he has served as president of which often affects those who have taken on in the world, he has been one of its finest the Gary Dental Association, the Northwest In- a commitment to serve others, especially re- warriors diana Dental Association, the Indiana State cently, when the Nation has, sadly, cut back The secret to his success, Sullivan says Dental Association, Jewish War Veterans, and on the resources it makes available to people with characteristic modesty, is his talent for B'nai B'rith. He has also served on the board who seek to alleviate poverty and injustice. hiring good people. ‘‘I’ve hired people of good of directors for the YMCA, Jewish Welfare character and intelligence,’’ he said. None of I hope, Mr. Speaker, that the next time them, we suspect, doubt where the ultimate Federation, and Consumer Credit Counseling someone committed to this fight starts to feel authority lies, however. A sign on Sullivan’s of Northwest Indiana. sorry for himself or herself and contemplates wall in a 1985 photograph reading, ‘‘Never Mrs. Levinson has been active in many easier work, they will read the following edi- mind the dog—beware of the owner,’’ sums community organizations, as well, including torial and take some inspiration from the ex- up his philosophy on those who cross him. the Methodist Hospital Auxiliary, the Job ample of Mark A. Sullivan. His shirt sleeves ever rolled up, Sullivan Corps Agency, Israel Bond Drive, Jewish Fed- As this editorial in the Fall River Herald has well earned his reputation as a hands-on administrator. Having never hesitated to eration, Temple Beth-El, and Temple Israel. News explains, Mark Sullivan has been the admit his own foibles, Sullivan’s empathy She was also a soloist for the Macedonian chief executiveÐand chief strategist, for those he serves no doubt comes from hav- Choir, and has served on the auxiliary of the motivator, and philosopherÐof Citizens for ing experience in life’s valleys himself. Northwest Indiana Dental Society. Citizens in Fall River, MA, an effective com- Citizens for Citizens is an apt name for an The Levinsons have also devoted much munity action agency. agency of people helping people. And no one time to promoting sports within the community. I was fortunate enough to meet Mark Sulli- seems better suited to leading the organiza- Over the past 10 years, the Levinsons have tion than the unassuming Sullivan. van 15 years ago when the Massachusetts been positive influences on the members of congressional district lines were changed and f the Merrillville High School tennis team, during I found Fall River and myself in the same con- A TRIBUTE TO DR. FRANCISCO F. which Dr. Levinson has acted as a volunteer gressional district. Throughout the ensuing pe- AND GERALDINE LEVINSON assistant coach. Creating organizations for riod, Mark Sullivan has been one of the community sporting activities has also been a strongest sources of advice, encouragement, priority for the Levinsons. Some of their en- and inspiration to me. HON. PETER J. VISCLOSKY deavors have included the highly successful OF INDIANA The Fall River Herald News editorial aptly Gary Junior Tennis Association and the Ross IN THE HOUSE OF REPRESENTATIVES describes the respect in which he is so justifi- Township Tennis and Racquet Club. The ably held by those who work for him and, per- Wednesday, June 11, 1997 Levinsons were also very active in Club Vida, haps most interestingly, against him. Mr. Mr. VISCLOSKY. Mr. Speaker, it gives me a social, athletic, and recreational club, where Speaker I have always felt lucky to hold this great pleasure to rise today to congratulate Dr. Dr. Levinson was the financial manager of the E1190 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1997 Club Vida basketball team. In 1940, Dr. Lee and his lifetime of contributions to the bay CLARIFICATION BY FATHER Levinson coached the basketball team all the area community. DRINAN way to the first game of a national champion- ship at Denver, CO. f HON. MARTIN T. MEEHAN Other awards Dr. Levinson has received in- OF MASSACHUSETTS clude the Sagamore of the Wabash Award, TRIBUTE TO OFFICER THOMAS IN THE HOUSE OF REPRESENTATIVES presented by former Indiana Governor, Robert FAHEY Orr, and the Lugar Fitness Award, presented Wednesday, June 11, 1997 by U.S. Senator, the Honorable RICHARD HON. THOMAS J. MANTON Mr. MEEHAN. Mr. Speaker, it has come to LUGAR. The Sagamore of the Wabash Award my attention that Jesuit Father and George- OF NEW YORK is the most prestigious award granted by the town University Law Center Prof. Robert F. Governor of Indiana. IN THE HOUSE OF REPRESENTATIVES Drinan has withdrawn statements he made in Mr. Speaker, I ask you and my other distin- Wednesday, June 11, 1997 a New York Times article of June 4, 1996, on guished colleagues to join me in commending legislation to bran so-called partial-birth abor- Dr. Francisco F. and Geraldine Levinson on Mr. MANTON. Mr. Speaker, I rise today to tion. At the request of the Most Reverend their receipt of the 1997 Merrillville Exchange recognize and honor the outstanding bravery John R. McNamara, regional bishop for Mas- Club's Book of Golden Deeds Award. Their of Police Officer Thomas Fahey, an exemplary sachusetts' Merrimack region, I am submitting New Yorker and 14-year member of the New children, Eileen Samuelson and Don Levinson, for the RECORD the text of Father Drinan's five grandchildren, and three great-grand- York Police Department [NYPD] who is cur- statement of May 12, 1997, clarifying his posi- children, can be proud of the hard work and rently battling a life-threatening disease. tion on abortion. dedication the Levinsons have displayed while Officer Fahey has been diagnosed with Articles that I wrote in the New York working to improve the quality of life for the third-stage cancer with only a 20 percent Times on June 4, 1996, and in the National residents of Indiana's First Congressional Dis- chance of survival. A team of physicians has Catholic Reporter on May 31, 1996, were used trict. already prepared for an experimental proce- in ways I did not intend. I withdraw those f dure whereby Officer Fahey must undergo an statements and any statement that could be exceedingly large amount of blood trans- understood to cast doubt on the Church’s TRIBUTE TO FRANK LEE fusions of up to 300 pints of extremely rare firm condemnation of abortion—a doctrine type O-negative blood. that I totally support. Moreover, new information about the true HON. ANNA G. ESHOO On Monday, April 21, concerned individuals nature and widespread use of partial-birth OF CALIFORNIA from throughout the New York metropolitan re- abortion renders my statements on that IN THE HOUSE OF REPRESENTATIVES gion arrived in droves at the Flushing Armory issue in 1996 factually incorrect. I do not believe the every moral evil should Wednesday, June 11, 1997 in Flushing, Queens, and subsequently do- nated over 1,000 pints of blood for Officer be outlawed. I do, however, see abortion— Ms. ESHOO. Mr. Speaker, I rise today to Fahey. Representatives of the American Red particularly partial-birth abortion—as a honor Frank Lee of San Mateo, CA, who grave evil and can understand why Church Cross indicated that this tremendous outpour- leaders are urging lawmakers to ban it. I do passed away on June 7, 1997, and who will ing of support for Officer Fahey culminated in be buried in Golden Gate National Cemetery. not want anything to impede that effort. On the largest single-day blood drive in the history the contrary, I join in that effort and stand He will be fondly remembered for his lifelong of New York State. ready to promote laws and public policies dedication to marine engineering, significantly For the past decade, Officer Fahey has duti- that aim to protect vulnerable human life improving harbor facilities in the San Fran- fully served as the NYPD youth officer for the from conception until natural death. I sup- cisco Bay area, and providing leadership in 110th Precinct in Elmhurst, Queens in the port the Catholic bishops in their efforts to exercise moral leadership in the fight the Asian-American community. Seventh Congressional District. Numerous Frank Lee gave much of himself to our re- against abortion. educational and athletic programs for count- gion and touched people's lives both at home less youths within the precinct were success- f and abroad. He served his country in the fully implemented on his watch. His dedication South Pacific during World War II as a mer- TRIBUTE TO TWO GIRL SCOUT to serve his community and fellow citizens il- chant marine and spent 35 successful years GOLD AWARD RECIPIENTS lustrates his commitment to helping others. as a marine engineer and naval architect. Dur- ing his career, he completed the $467 million Indeed, Officer Fahey's distinguished record HON. BERNARD SANDERS retrofit of the battleship New Jersey and led of community service has not been limited to the city of New York. In addition to the field of OF VERMONT over 50 design modifications of various U.S. IN THE HOUSE OF REPRESENTATIVES Navy and commercial ships. law enforcement, Thomas Fahey also earned Frank Lee served for 28 years on the board a solid reputation while serving in the U.S. Wednesday, June 11, 1997 of directors of the San Mateo County Harbor Navy and U.S. Naval Reserves. Foremost Mr. SANDERS. Mr. Speaker, today I would District. He was president of the board for six among Officer Fahey's stints of heroic actions like to salute two outstanding young women terms, and, in 1994, he was named president made on behalf of our Nation was his active who are being presented with the Girl Scout emeritus of the board, a position created just participation in both the Persian Gulf war and Gold Award by the Vermont Girl Scout Coun- for him. Frank Lee has left an indelible mark the TWA Flight 800 rescue operation. cil. They are Lori Brown of Rutland, VT and on our county harbors. He transformed the Pil- His professional achievements aside, Officer Kathleen Lomedico of Colchester, VT. They lar Point Harbor into a premier commercial Fahey is a dedicated family man who has al- were honored on May 29, 1997 for earning the and recreation harbor with 369 berths and ways been there for Debbie, his wife of 17 highest achievement award in U.S. Girl Scout- then did the same with Oyster Point Harbor. years, and their three children, Christina, 14, ing. Frank Lee also found time to provide leader- Marissa, 9, and Tammy, 7. The Girl Scout Gold Award symbolizes out- ship in the Asian-American community. He Mr. Speaker, I know my colleagues join me standing accomplishments in the areas of was a founder of the Peninsula Association for in recognizing Police Officer Thomas Fahey, leadership, community service, career plan- Chinese Americans, an advisor to the Organi- along with his family, friends, and fellow offi- ning and personal development. The award zation of Chinese Americans, a member of the cers, on the occasion of today's NYPD ``10- can be earned by girls aged 14 to 17, or in Asian American Manufacturers Association, 13'' Benefit that has been organized in his be- grades 9 to 12. To receive the award, these and a president of People to People Inter- half. And, I genuinely hope that this event will Girl Scouts first earned four interest project national, an organization promoting world go a long way in defraying Officer Fahey's ex- patches, the Career Exploration Pin, the Sen- peace. Frank Lee always encouraged other cessive medical costs as well as heightening ior Girl Scout Leadership Award and the Sen- Asian-Americans to become active in the com- our awareness of an affliction that he and oth- ior Girl Scout Challenge as well as designing munity and gained the respect and admiration ers are forced to confront on a daily basis. and implementing a Girl Scout Gold Award of everyone who worked with him. Above all, Mr. Speaker, as a former New York City po- project to meet a special need in their commu- Frank Lee was devoted to his beautiful family. lice officer, I am proud to bring Officer Fahey's nities. Mr. Speaker, Frank Lee will be greatly accomplishments and ordeals to the attention As a member of the Vermont Girl Scout missed by all whose lives he touched. I ask of my colleagues. My best wishes go out to Council, Lori Brown first earned badges in my colleagues to join me in honoring Frank him and his family. child care, reading, music, games, well being, June 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1191 and understanding yourself and others. She CONGRATULATIONS TO VASILIOS Slovakia had no recorded human rights then used these skills to design and imple- PYROVOLIKOS abuses in these reports. The other countries ment a series of Lenten workshops for the had the following abuses documented. young children in her parish church. Kathleen HON. ROBERT W. NEY CZECH REPUBLIC Lomedico earned badges in artistic crafts and OF OHIO Freedom of speech and press—so long as career exploration among others. After learn- IN THE HOUSE OF REPRESENTATIVES you don’t talk bad about the Republic or the ing leadership skills through Girl Scouting, she Wednesday, June 11, 1997 President. served as the editor of her high school year- Police abuses continue to be a problem. book. As her Girl Scout Gold Award project Mr. NEY. Mr. Speaker, I rise today to con- In March 1995, a reporter was sentenced to 4 months imprisonment for calling the presi- she spent the past year organizing and lead- gratulate and recognize Vasilios Pyrovolikos for his service during World War II in helping dent ‘‘a traitor and a false prophet’’ in a ing a youth group for teens which meets every newspaper article. (Amnesty) other week and a youth band which plays to contribute to the success of the Allied In April 1995, prison officials beat to death every Sunday night for her parish church. Ms. forces. a prisoner at Horni Slavkov prison. (Am- Mr. Pyrovolikos, like many other civilians, Lomedico wanted the young people in her par- nesty) supported members of the Allied forces in the In June 1994, a Rom citizen was shot to ish to ``feel a sense of home in the church.'' Mediterranean Theatre during World War II. death by police while being interrogated in Both girls used skills they learned in Girl His support and service has been noted in a detention at Horsovsky Tyn. (State Depart- Scouting to help the church of their faith. certificate awarded to him by H.R. Alexander, ment) Both the International Helsinki Federa- These two Senior Girl Scouts have earned Field Marshal and Supreme Allied Com- my respect and admiration. I believe both girls tion and Human Rights Watch criticized the mander in the Mediterranean TheatreÐ1930± Government in 1996 and in 1997 for not curb- should receive the public recognition due them 45Ðfor help given to the sailors, soldiers, and ing discrimination and skinhead violence for such significant services to their commu- airmen of the British Commonwealth of Na- against Romani citizens. nities and their country. tions, enabling them to escape from or evade ROMANIA capture by the enemy. The Ministry of Internal Affairs supervises f Mr. Pyrovolikos has also been honored by the police—sporadic reports of human rights Col. Harry S. Aldrich, U.S. Army, command- abuse by the police have continued. TRIBUTE TO IYLENE WEISS ing, for his service with the United States At least 4 prisoners of conscience in 1995 and 1 in 1996. (Amnesty) Army Forces in the Middle East under the su- Many reports of torture and ill-treatment HON. JANE HARMAN pervision of maritime units of the Ministry of by police, resulting in 1 death in 1995 and 3 in the Merchant Marine, Athens, Greece, for the 1996. (Amnesty) OF CALIFORNIA period of June 1, 1944, to October 15, 1944, In January 1996, Ion Axente was beaten by a police officer outside a bar in Piscu. After IN THE HOUSE OF REPRESENTATIVES in appreciation for his contributions to the suc- cess of the Allied forces. he fell to the ground, his face was sprayed Wednesday, June 11, 1997 It is because of the dedication of people like with a paralyzing gas and he was kicked se- verely in the head. That night he went into Mr. Pyrovolikos that this country and our Al- Ms. HARMAN. Mr. Speaker, a friend, former a coma and he later died in June. (Amnesty) lies, both then and now, enjoy the freedoms to In July 1995, the European Parliament neighbor, and unique natural force died last which we are so accustomed. Mr. Speaker, it passed a resolution calling on the Romanian month. is my great honor to salute Mr. Pyrovolikos for Government to respect human rights and to Iylene Weiss probably did more than any his courageous and devoted actions in the end abuses by police and security forces. other individual to restore the largest wetland name of freedom. Robert Radu was reportedly tortured dur- in Los Angeles County and its neighboring la- ing interrogation in Constanta in January f 1995. Allegedly beaten with a club on the goon, known as Ballona. SLOVAKIA DESERVES NATO arms, legs, and head by a police officer and suffered a fractured shin. The officer report- At her funeral, Los Angeles City Council- MEMBERSHIP woman Ruth Galanter read a poem that she edly threatened to kill him unless he said composed in two parts as Iylene's health that he had injured himself falling down the failed. Ruth's poem is a special and deserved HON. JOHN L. MICA stairs. (Amnesty) OF FLORIDA In April 1995, Viorel Constantin was tribute and I ask unanimous consent to insert punched and kicked by police officers and IN THE HOUSE OF REPRESENTATIVES it in the RECORD at this point. civil guards outside a bar in Tandarei. Wednesday, June 11, 1997 Constanti suffered multiple bruising and TRIBUTE TO IYLENE WEISS—BY COUNCILWOMAN scratches on the chest and the back, a RUTH GALANTER Mr. MICA. Mr. Speaker, my colleagues, I believe in all fairness we should consider Slo- cracked collar-bone and a ruptured ear drum. We cannot let more time go by without ac- (Amnesty) vakia with the other countries this body has According to Human Rights Watch, knowledging that Iylene Weiss has pulled a determined to be eligible for NATO participa- clever trick. Mircea-Muresul Mosor, a Rom from Comani, tion, both last year and this year. was shot and killed in May 1996 while in po- She made a plan and made it stick that no The Slovak Republic has a democratically lice custody in Valcele. marina’d grace this shore; no docks, no pav- elected parliamentary government which has In July 1996, 3 Romani minors were held for ing, and, what’s more, that birds and worms 5 days on suspicion of theft of a watch and and clams and such and wetlands plants that made marked political and economic progress. This country is a valuable participant in the were all beaten, leaving severe bruises on the you can touch, would fill this water and youths’ arms and legs. (Both State Depart- these banks. Partnership for Peace and has contributed to ment and Amnesty) For this, Iylene, we give you thanks; we peacekeeping operations in Bosnia and east- Many other cases of deaths in custody or toast the docents and the kids, we toast the ern Slavonia. The Slovak Republic is a peace- deaths reportedly due to police brutality herons and the squids, we raise our cups not ful, law-abiding country that has instituted judi- have never been resolved. once, but twice, to cheer the work of Iylene cial and free market reforms. When one takes Free speech is limited by prohibiting ‘‘def- Weiss. amation of the country.’’ the time to compare Slovakia's record of In 1996, journalists Tana Ardeleanu and FAREWELL democratic and humanitarian achievements Sorin Rosca-Stanescu—convicted of ‘‘sedi- with those of other former Eastern Bloc coun- tious libel’’ and sentenced to serve prison Peace be with you now, Iylene; the plants tries, it is clear that Slovakia is equally deserv- terms—printed an article that claimed are coming nice and green, and all the folks ing and meritorious of NATO membership. former President Ion Iliescu had been re- who cheered you on, in realizing you’d be My colleagues, I took the time to review cruited for KGB service while a student in gone, and also moved by love for you, are Moscow. (State Department) doing work you used to do. Amnesty International's 1996 and 1997 reports and the U.S. State Department's Country Re- In 1996, Radu Mazare and Constantin At last they’ve grasped that central theme, Cumpana—published an article about an ille- that people working as a team, have more ports on Human Rights Practices for 1996 re- gal contract in the city council—sentenced successes and more fun, than leaving all the lating to human rights abuses. I examined to 7 month prison terms (although President work to one. Slovakia's record and also the record of some Iliescu pardoned them). (State Department) And so, Iylene, it’s safe to go; it’s safe to of the other nations which have been rec- HUNGARY trust that those you know, will carry on ommended for NATO membership, including There continues to be credible reports of from where you’ve been; so peace be with the Czech Republic, Hungary, Lithuania, Po- police abuses and use of excessive force you now, Iylene. land, and Romania. against suspects. E1192 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1997 In May 1996, Hamodi Ahmed was assaulted Most years the Ministry of Interior refuses On freedom of religion: by police officers outside a Budapest res- to publicize statistics on reported cases of ‘‘The constitution provides for freedom of taurant. The officers pushed him against the police brutality and in fact has yet to estab- religious belief and faith, and the Govern- wall, handcuffed his arms behind his back lish an internal affairs group to address this ment respects this provision in practice.’’ and beat him. Later at the 5th District Po- problem. lice Station, Ahmed was repeatedly kicked ‘‘Human rights violations continue in the On democracy: by 5 or 6 other officers. He later required military.’’ The chief resident of one of ‘‘Citizens have the constitutional right to hospital treatment. Vilnius’s major hospitals stated that soldiers change their government through the peri- Also in May 1996 and in Budapest, Istvan in the army are constantly being treated for odic free election of their national represent- Nagy was taken to the 8th District Police injuries resulting from abuse. In the 1st 6 atives.’’ Station, where he was hit in the face, beaten months of 1996, the same hospital treated 4 ‘‘The law prohibits discrimination and pro- and kicked. He later required 3 days hospital soldiers for broken jawbones. (State Depart- vides for the equality of all citizens. Health treatment for a ruptured ear-drum and inju- ment) care, education, retirement benefits, and ries to the chest and spleen. His crime: he Journalists alleges that government offi- criticized a police officer who had shouted at other social services are provided regardless cials apply pressure on them not to criticize of race, sex, religion, disability, language, or an old man for crossing a road too slowly. governmental policies or acts. (Amnesty) social status.’’ In Kunszentmiklos in April 1995, Farkas POLAND ‘‘The Constitution provides minorities Geza was punched, kicked and beaten with a Restrictions on freedom of speech and with the right to develop their own culture, rubber truncheon in a police car and in the press. receive information and education in their police station, and a doctor was called in to Polish Penal Code states that acts that mother tongue, and participate in decision- stop heavy bleeding from his injuries. (Am- ‘‘publicly insult, ridicule, and deride the Pol- making in matters affecting them.’’ nesty) ish nation, the Polish Republic, its political On children’s and labor rights: In June 1995, Stefan Vasile Chis was ar- system, or its principal organs are punish- rested in Budapest and was made to stand able by between 6 months and 8 years of im- ‘‘The Government demonstrates its com- against the wall with legs spread apart and prisonment.’’ (State Department) mitment to children’s rights and welfare was kicked from behind in the genitals 3 The Code imposes a prison term of up to 10 through its system of public education and times. After falling to the ground he was years for a person who commits any of the medical care.’’ then repeatedly kicked and beaten. Released prohibited acts through print or mass media. ‘‘The Constitution provides for the right to the next morning, Chis was admitted to a form and join unions * * *. The law provides hospital where he underwent a urological op- Let me also include excerpts from the State Department's report on Slovakia's human for collective bargaining, which is freely eration and was hospitalized for 10 days. practiced throughout the country * * *. Both (Amnesty) rights record: the Constitution and the Employment Act In July 1995 Almasi Laszlo died as a result SOLVAK REPUBLIC prohibit forced or compulsory labor.’’ of a severe beating by police officers who 1996 STATE DEPARTMENT COUNTRY REPORTS ON were searching his home in Paszto. (Am- While some have been critical of Slovakia's nesty) HUMAN RIGHTS PRACTICES The Hungarian Helsinki Committee re- On human rights abuses: record in this area, a fair comparison with ported in 1995 that police misconduct ‘‘* * * ‘‘There were no confirmed reports of politi- these other countries shows the Slovak Re- takes place every day, although the public is cal or other extrajudicial killings by govern- public has a much better record than any of only informed by chance, only in conspicu- ment officials.’’ these candidates. ous cases. Guilty police officers are very ‘‘There were no reports of politically moti- Finally, my colleagues, I strongly believe it rarely condemned, and the majority of the vated disappearances.’’ would be in the United States' international in- officers suspected of such crimes remain on The Slovak Constitution specifically pro- duty.’’ (State Department) hibits torture and other cruel, inhuman or terests to grant the Slovak Republic NATO LITHUANIA degrading treatment or punishment. membership. Slovakia is strategically and geo- ‘‘The State Security Department is respon- The Constitution specifically prohibits ar- graphically located in Eastern Europe and oc- sible for internal security and reports to bitrary arrest and detention, and the Gov- cupies an area which may be vital to ensuring Parliament and the President. The police ernment observes their prohibition. security for our fellow NATO allies against fu- committed a number of human rights On freedom of speech and press: ture aggression. ‘‘The Constitution provides for freedom of abuses.’’ It is my hope that we will move in the near Local press reported that police brutality speech and of the press, and the Government is becoming more common. In many in- generally respects this right in practice.’’ future to make the Slovak Republic eligible for stances, victims reportedly are reluctant to The Constitution provides for freedom of NATO participation and permit this country to bring charges against police officers for fear peaceful assembly and association, and the join the league of nations which stand together of reprisals. (State Department) Government respects them in practice. in mutual defense and international security. June 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1193 SENATE COMMITTEE MEETINGS Res. 84, establishing the congressional JUNE 19 budget for the United States Govern- 9:30 a.m. Title IV of Senate Resolution 4, ment for the fiscal year 1998 and set- agreed to by the Senate on February 4, Commerce, Science, and Transportation ting forth appropriate budgetary levels Business meeting, to consider pending 1977, calls for establishment of a sys- for fiscal years 1999, 2000, 2001, and 2002. calendar business. tem for a computerized schedule of all SR–253 SR–253 meetings and hearings of Senate com- Labor and Human Resources Public Health and Safety Subcommittee Labor and Human Resources mittees, subcommittees, joint commit- Public Health and Safety Subcommittee tees, and committees of conference. To hold hearings to examine human cloning ethics and theology issues. To hold hearings on emergency medical This title requires all such committees SD–430 services for children. to notify the Office of the Senate Daily 10:00 a.m. SD–430 Digest—designated by the Rules Com- Judiciary 2:00 p.m. mittee—of the time, place, and purpose To hold hearings on baseball antitrust Energy and Natural Resources of the meetings, when scheduled, and reform issues. National Parks, Historic Preservation, and any cancellations or changes in the SD–226 Recreation Subcommittee meetings as they occur. Joint Economic To hold hearings on entrance and special As an additional procedure along To hold hearings on high-tech transfers use fees for units of the National Park and economic espionage. System and the status of the Fee Dem- with the computerization of this infor- SD–138 mation, the Office of the Senate Daily onstration Program implemented by Digest will prepare this information for the National Park Service in 1996. SD–366 printing in the Extensions of Remarks JUNE 18 section of the CONGRESSIONAL RECORD 9:00 a.m. on Monday and Wednesday of each Agriculture, Nutrition, and Forestry JUNE 20 To hold hearings on United States farms week. exports. 10:00 a.m. Meetings scheduled for Thursday, SR–332 Labor and Human Resources June 12, 1997, may be found in the Daily 9:30 a.m. To hold hearings on improving the qual- Digest of today’s RECORD. Labor and Human Resources ity of child care. Business meeting, to resume markup of SD–430 MEETINGS SCHEDULED S. 830, to improve the regulation of food, drugs, devices, and biological products. JUNE 24 JUNE 13 SD–430 9:30 a.m. 9:30 a.m. 10:30 a.m. Energy and Natural Resources Judiciary Indian Affairs To meet to further discuss proposals to To hold hearings on the nomination of To hold joint hearings with the House advance the goals of deregulation and Eric H. Holder Jr., of the District of Committee on Resources on S. 569 and competition in the electric power in- Columbia, to be Deputy Attorney Gen- H.R. 1082, bills to amend the Indian dustry. eral, Department of Justice. Child Welfare Act of 1978. SD–366 SD–226 SD–106 2:00 p.m. Energy and Natural Resources JUNE 25 JUNE 16 Forests and Public Land Management Sub- 9:30 a.m. 10:00 a.m. committee Labor and Human Resources Judiciary To hold hearings on S. 587, to provide for Business meeting, to consider pending To hold hearings to examine State-sanc- an exchange of lands located in calendar business. tioned discrimination issues in Amer- Hinsdale County, Colorado, S. 588, to ica. provide for the expansion of the Eagles SD–430 SD–226 Nest Wilderness within the Arapaho 2:00 p.m. National Forest and the White River JUNE 26 Special on Aging National Forest in Colorado, S. 589, to To hold hearings to examine the problem provide for a boundary adjustment and 9:30 a.m. of pension miscalculations, focusing on land conveyance involving the Raggeds Energy and Natural Resources methods for educating people on the Wilderness, White River National For- Forests and Public Land Management Sub- steps they can take to protect them- est in Colorado, S. 590, to provide for a committee selves and their pension benefits. land exchange within the Routt Na- To hold hearings on S. 783, to increase SD–628 tional Forest in Colorado, S. 591, to the accessibility of the Boundary Wa- transfer the Dillon Ranger District in ters Canoe Area Wilderness. the Arapaho National Forest to the SD–366 JUNE 17 White River National Forest in Colo- Labor and Human Resources 9:30 a.m. rado, S. 541, to provide for an exchange Children and Families Subcommittee Commerce, Science, and Transportation of lands with the city of Greely, Colo- To hold oversight hearings on the imple- Business meeting, to consider rec- rado, S. 750, to consolidate certain min- mentation of the Family and Medical ommendations which it will make to eral interests in the National Grass- Leave Act. the Committee on the Budget with re- lands in Billings County, North Da- SD–430 spect to spending reductions and reve- kota, and S. 785, to convey certain land 2:00 p.m. nue increases to meet reconciliation to the city of Grants Pass, Oregon. expenditures as imposed by H. Con. SD–366 E1194 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1997 Energy and Natural Resources counting Office concerning a study on threat to U.S. trade and finance from National Parks, Historic Preservation, and the health, condition, and viability of drug trafficking and international or- Recreation Subcommittee the range and wildlife populations in ganized crime. To hold hearings on S. 308, to require the Yellowstone National Park. SD–215 Secretary of the Interior to conduct a SD–366 study concerning grazing use of certain land within and adjacent to Grand Teton National Park, Wyoming, and to JULY 23 extend temporarily certain grazing 9:00 a.m. POSTPONEMENTS privileges, and S. 360, to require adop- Finance tion of a management plan for the International Trade Subcommittee Hells Canyon National Recreation Area To hold hearings with the Caucus on JUNE 12 that allows appropriate use of motor- International Narcotics Control on the 9:30 a.m. ized and nonmotorized river craft in threat to U.S. trade and finance from Environment and Public Works the recreation area. drug trafficking and international or- Clean Air, Wetlands, Private Property, and SD–366 ganized crime. Nuclear Safety Subcommittee SD–215 To hold hearings on recent administra- JULY 10 tive and judicial changes to Section 404 of the Federal Water Pollution Control 2:00 p.m. JULY 30 Energy and Natural Resources 9:00 a.m. Act. National Parks, Historic Preservation, and Finance SD–406 Recreation Subcommittee International Trade Subcommittee To hold oversight hearings to review the To resume hearings with the Caucus on preliminary findings of the General Ac- International Narcotics Control on the Wednesday, June 11, 1997 Daily Digest

HIGHLIGHTS House passed H.R. 1757, Foreign Relations Authorization Act and Euro- pean Security Act. Senate George A. Omas, of Mississippi, to be a Commis- Chamber Action sioner of the Postal Rate Commission for a term ex- Routine Proceedings, pages S5485–S5550 piring October 14, 2000. Measures Introduced: Thirteen bills were intro- Jane Garvey, of Massachusetts, to be Adminis- duced as follows: S. 875–887. Pages S5507±08 trator of the Federal Aviation Administration for the term of five years. Measures Reported: Reports were made as follows: Karl Frederick Inderfurth, of North Carolina, to S. 417, to extend energy conservation programs be Assistant Secretary of State for South Asian Af- under the Energy Policy and Conservation Act fairs. through September 30, 2002, with an amendment in the nature of a substitute. (S. Rept. No. 105–25) David Andrews, of California, to be Legal Adviser of the Department of State. H.R. 649, to amend sections of the Department of Energy Organization Act that are obsolete or in- Timberlake Foster, of California, to be Ambas- consistent with other statutes and to repeal a related sador to the Islamic Republic of Mauritania. section of the Federal Energy Administration Act of Ralph Frank, of Washington, to be Ambassador to the Kingdom of Nepal. 1974. (S. Rept. No. 105–26) Page S5507 John C. Holzman, of Hawaii, to be Ambassador Appointments: to the People’s Republic of Bangladesh. Canada-U.S. Interparliamentary Group: The Nancy Jo Powell, of Iowa, to be Ambassador to Chair, on behalf of the Vice President, pursuant to the Republic of Uganda. 22 U.S.C. 276d–276g, as amended, appointed Sen- Amelia Ellen Shippy, of Washington, to be Am- ator Murray as Vice Chair of the Senate Delegation bassador to the Republic of Malawi. to the Canada-U.S. Interparliamentary Group during A routine list in the Navy. Pages S5549±50 the 105th Congress. Page S5549 Messages From the House: Page S5503 National Nutrition Monitoring Advisory Coun- Measures Referred: Page S5504 cil: The Chair, on behalf of the Democratic Leader, pursuant to Public Law 101–445, appointed Arlene Measures Placed on Calendar: Page S5504 M. Chamberlain, of South Dakota, to the National Communications: Pages S5504±05 Page S5549 Monitoring Advisory Council. Petitions: Pages S5505±07 Motion to Adjourn: By 55 yeas to 44 nays (Vote Executive Reports of Committees: Page S5507 No. 99), Senate agreed to a motion to adjourn. Pages S5508±41 Page S5549 Statements on Introduced Bills: Nominations Received: Senate received the follow- Additional Cosponsors: Pages S5541±42 ing nominations: Additional Statements: Pages S5542±49 Robert L. Mallett, of Texas, to be Deputy Sec- Record Votes: One record vote was taken today. retary of Commerce. (Total—99) Page S5549

D597 D598 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 1997 Adjournment: Senate convened at 12 noon, and ad- S. 450, proposed National Defense Authorization journed at 6:32 p.m., until 11 a.m., on Thursday, Act for Fiscal Years 1998 and 1999. June 12, 1997. ATM SURCHARGES Committee on Banking, Housing, and Urban Affairs: Committee Meetings Committee held hearings to examine the practice of (Committees not listed did not meet) surcharging by banks and thrifts with regard to automated teller machines used by individuals who APPROPRIATIONS—NIH do not hold accounts at the institutions owning the Committee on Appropriations: Subcommittee on Labor, ATMs, and S. 885, to limit fees charged by financial Health and Human Services, and Education held institutions for the use of automatic teller machines, hearings on proposed budget estimates for fiscal year receiving testimony from Thomas J. McCool, Associ- 1998 for the National Institutes of Health, receiving ate Director, Financial Institutions and Markets Is- testimony in behalf of funds for their respective ac- sues, General Government Division, and Lamont tivities from Harold Varmus, Director, and Anthony Kincaid, Evaluator-in-Charge, both of the General S. Fauci, Director, National Institute of Allergy and Accounting Office; Edmund Mierzwinski, U.S. Pub- Infectious Diseases, both of the National Institutes of lic Interest Research Group, Washington, D.C.; and Health, and Earl Fox, Acting Administrator, Health Kurt Helwig and Henry Polmer, both of the Elec- Resources and Services Administration, all of the De- tronic Funds Transfer Association, Herndon, Vir- partment of Health and Human Services; F.E. ginia. Thompson, Jr., Mississippi State Department of Hearings were recessed subject to call. Health, Jackson; Kim Williams, Biloxi, Mississippi; OECD SHIPBUILDING AGREEMENT ACT and Danyse Leon, Philadelphia, Pennsylvania. Subcommittee recessed subject to call. Committee on Commerce, Science, and Transportation: Committee concluded hearings on S. 629, to declare AUTHORIZATION—DEFENSE that the Congress approve the Agreement Respecting Committee on Armed Services: Committee began mark- Normal Competitive Conditions in the Commercial up of S. 450, to authorize funds for fiscal years 1998 Shipbuilding and Repair Industry (Shipbuilding and 1999 for military activities of the Department Agreement), a reciprocal trade agreement resulting of Defense, and to prescribe military personnel from negotiations under the auspices of the Organi- strengths for fiscal years 1998 and 1999, and related zation for Economic Cooperation and Development, proposals, but did not complete action thereon, and entered into on December 21, 1994, after receiving will meet again tomorrow. testimony from Thomas P. Jones, Jr., Atlantic Ma- rine Holding Company, Jacksonville, Florida, on be- AUTHORIZATION—DEFENSE half of the Shipbuilders Council of America; and Committee on Armed Services: On Tuesday, June 10, Cindy Brown, American Shipbuilding Association, Subcommittee on Acquisition and Technology met Arlington, Virginia. in closed session and approved for full committee consideration those provisions which fall within the BUSINESS MEETING jurisdiction of the subcommittee of S. 450, proposed Committee on Energy and Natural Resources: Committee National Defense Authorization Act for Fiscal Years ordered favorably reported the following bills: 1998 and 1999. H.R. 363, to extend the Electric and Magnetic Fields Research and Public Information Dissemina- AUTHORIZATION—DEFENSE tion program through fiscal year 1998; Committee on Armed Services: On Tuesday, June 10, S. 231, to establish the National Cave and Karst Subcommittee on Seapower met in closed session and Research Institute in the State of New Mexico; approved for full committee consideration those pro- S. 423, to extend the legislative authority through visions which fall within the jurisdiction of the sub- August 10, 2000 for the Board of Regents of committee of S. 450, proposed National Defense Au- Gunston Hall to establish a memorial to honor thorization Act for Fiscal Years 1998 and 1999. George Mason; S. 669, to provide for the acquisition of the Plains AUTHORIZATION—DEFENSE Railroad Depot at the Jimmy Carter National His- Committee on Armed Services: Subcommittee on Strate- toric Site; and gic Forces met in closed session and approved for S. 731, to extend the legislative authority through full committee consideration those provisions which June 30, 2002 for construction of the National Peace fall within the jurisdiction of the subcommittee of Garden memorial. June 11, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D599 Also, committee completed its review of certain Under Secretary of Defense for Trade Security Policy; spending reductions and revenue increases to meet and William Schneider, Jr., Arlington, Virginia, reconciliation expenditures as imposed by H. Con. former Under Secretary of State. Res. 84, establishing the congressional budget for the United States Government for fiscal year 1998 JUDICIAL ACTIVISM and setting forth appropriate budgetary levels for fis- Committee on the Judiciary: Subcommittee on the Con- cal years 1999, 2000, 2001, and 2002, and agreed stitution, Federalism, and Property Rights held hear- on recommendations which it will make thereon to ings to examine issues with regard to the constitu- the Committee on the Budget. tional role of federal judges to decide cases and con- LAND AND WATER CONSERVATION FUND troversies, focusing on the problem and impact of ju- dicial activism, whereby federal judges decisions are Committee on Energy and Natural Resources: Committee based on policy preferences, receiving testimony from held oversight hearings to examine the benefits of, C. Boyden Gray, Wilmer, Cutler & Pickering, and needs for, the State-side Land and Water Con- former White House Counsel to President Bush; servation Fund Grant program, receiving testimony Edwin Meese III, Heritage Foundation, former At- from Fran P. Mainella, Florida State Division of Recreation and Parks, Tallahassee, on behalf of the torney General of the United States, Nebraska Attor- National Recreation and Park Association; Donald ney General Don Stenberg, Lincoln; and Wade Hen- W. Murphy, California State Department of Parks derson, Leadership Conference on Civil Rights, all of and Recreation, Sacramento, on behalf of the Na- Washington, D.C.; Patrick Boyle, Philadelphia Po- tional Association of State Outdoor Recreation Liai- lice Department, Philadelphia, Pennsylvania; and son Officers and the Americans for Our Heritage and Bruce Fein, McLean, Virginia. Recreation; Brigid Sullivan, Louisville and Jefferson Hearings were recessed subject to call. County Parks Department, Louisville, Kentucky, on BUSINESS MEETING behalf of the Urban Park and Recreation Alliance; Bernadette Castro, New York State Office of Parks, Committee on Labor and Human Resources: Committee Recreation and Historic Preservation, Albany; and ordered favorably reported the nominations of Yerker Nancy Hogshead, Women’s Sport Foundation, New Andersson, of Maryland, to be a Member of the Na- York, New York. tional Council on Disability, Jose-Marie Griffiths, of Hearings were recessed subject to call. Tennessee, to be a Member of the National Commis- sion on Libraries and Information Science, and Kath- WEAPONS PROLIFERATION AND U.S. ryn O’Leary Higgins, of South Dakota, to be Deputy EXPORT CONTROLS Secretary of Labor. Committee on Governmental Affairs: Subcommittee on Also, committee completed its review of certain International Security, Proliferation and Federal Serv- spending reductions and revenue increases to meet ices concluded hearings to examine the role of the reconciliation expenditures as imposed by H. Con. United States in assisting other nations through the Res. 84, establishing the congressional budget for transfer of dual-use technology, focusing on the the United States Government for fiscal year 1998 modernization of certain militaries and proliferation and setting forth appropriate budgetary levels for fis- of weapons of mass destruction technology and deliv- cal years 1999, 2000, 2001, and 2002, and agreed ery systems, and the Administration’s policy loosen- on recommendations which it will make thereon to ing export control restrictions on United States the Committee on the Budget. supercomputers, after receiving testimony from Wil- Also, committee began consideration of S. 830, to liam A. Reinsch, Bureau of Export Administration, amend the Federal Food, Drug, and Cosmetic Act Department of Commerce; Mitchel B. Wallerstein, and the Public Health Service Act to improve the Deputy Assistant Secretary of Defense for regulation of food, drugs, devices, and biological Counterproliferation Policy; Stephen D. Bryen, Delta products, but did not complete action thereon, and Tech, Inc., Silver Spring, Maryland, former Deputy will meet again on Wednesday, June 18. D600 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 1997 House of Representatives Hefley amendment that requires that the State De- Chamber Action partment maintain records on criminal incidents of Bills Introduced: 6 public bills, H.R. 1861–1866; individuals with immunity from the criminal juris- and 3 private bills, H.R. 1867–1869 were intro- diction of the United States under the Vienna Con- duced. Page H3720 vention (agreed to in the Committee of the Whole Reports Filed: Reports were filed as follows: on June 4); Pages H3689±90 H. Res. 165, waiving a requirement of clause 4(b) By a recorded vote of 283 ayes to 146 noes, Roll of rule XI with respect to consideration of certain No. 185, agreed to the Bachus amendment that re- resolutions reported from the Committee on Rules quires an annual report to Congress listing overseas (H. Rept. 105–128); and United States surplus properties for sale and specifies S. 768, a private bill (H. Rept. 105–129). that amounts received from these sales be used for Pages H3719±20 deficit reduction (agreed to in the Committee of the Whole on June 4 by a recorded vote of 277 ayes to Speaker Pro Tempore: Read a letter from the 146 noes, Roll No. 161); Pages H3690±91 Speaker wherein he designated Representative Rogers By a recorded vote of 428 ayes with none voting to act as Speaker pro tempore for today. Page H3665 ‘‘no’’, Roll No. 186, agreed to the Gilman en bloc Foreign Relations Authorization Act: The House amendment that authorizes certain U.S. citizen em- passed H.R. 1757, to consolidate international affairs ployees to perform designated consular officer duties; agencies and to authorize appropriations for the De- clarifies that the Assistant Secretary of State for Dip- partment of State and related agencies for fiscal years lomatic Security is responsible for diplomatic secu- 1998 and 1999. The House considered amendments rity and management; increases the authorized to the bill on Wednesday, June 4 and Thursday, strength of the Foreign Service; establishes the policy June 5 and Tuesday, June 10, and Wednesday June that the United States shall not expel, extradite, or 11. Pages H3670±H3706 otherwise effect the involuntary return of any person On a demand for a separate vote on certain to a country in which there is a substantial danger amendments agreed to in the Committee of the of torture; expresses the sense of Congress that the Whole: Government of Turkey recognize the Ecumenical Pa- By a yea-and-nay vote of 420 yeas to 6 nays, Roll triarch and its nonpolitical, religious mission and re- No. 180, agreed to the Gilman en bloc amendment open the Halki Patriarchal School of Theology; and that establishes the ‘‘Foreign Affairs Agencies Con- requires a report dealing with the repatriation of un- solidation and Reinvention Act of 1997,’’ (agreed to resolved POW/MIA remains from Viet Nam (agreed in the Committee of the Whole on June 11); to in the Committee of the Whole on June 4); Pages H3680±87 Pages H3691±92 By a recorded vote of 422 ayes with none voting By a recorded vote of 226 ayes to 201 noes, Roll ‘‘no’’, Roll No. 181, agreed to the Gilman en bloc No. 187, agreed to the Goss amendment that strikes amendment that strikes fee account provisions for the section relating to the Office of the Inspector passport information services and visas to conform to General procedures for instances where an employee existing procedure; (agreed to in the Committee of is the likely subject or target of a criminal investiga- the Whole on June 4); Pages H3687±88 tion (agreed to in the Committee of the Whole on By a recorded vote of 354 ayes to 72 noes, Roll June 4 by a recorded vote of 214 ayes to 211 noes No. 182, agreed to the Smith of New Jersey amend- Roll No. 162); Pages H3692±93 ment that increases funding for Radio Free Asia; By a recorded vote of 222 ayes to 202 noes, Roll (agreed to in the Committee of the Whole on June No. 188, agreed to the Coburn amendment that pro- 4); Page H3688 hibits funding for the Man and Biosphere Program By a recorded vote of 279 ayes to 149 noes, Roll or the World Heritage Program administered by the No. 183 agreed to the Skaggs amendment as amend- United Nations Educational, Scientific, and Cultural ed that prohibits funding for television broadcasting Organization (agreed to in the Committee of the to Cuba after October 1, 1997 if the President cer- Whole on June 4); Page H3693 tifies that continued funding is not in the national By a recorded vote of 292 ayes to 135 noes with interest of the United States (agreed to in the Com- 1 voting ‘‘present’’, Roll No. 189 agreed to the Gil- mittee of the Whole on June 4); Pages H3688±89 man en bloc amendment that urges Peru to respect By a recorded vote of 386 ayes to 42 noes with the rights of prisoners and expedite legal procedures; 1 voting ‘‘present’’, Roll No. 184 agreed to the directs the State Department to monitor human June 11, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D601 rights in Ethiopia; establishes special envoys to pro- (UNFPA) unless the President certifies that UNFPA mote mutual disarmament talks throughout the has terminated all activities in the People’s Republic world; expresses the sense of Congress that Taiwan of China or during the 12 months preceding such should reconsider the transfer of nuclear waste to certification there have been no coerced abortions as- North Korea; expresses support for Prime Minister sociated with the family planning policies of the Gujral of India; supports the sovereignty of Belarus; People’s Republic of China (agreed to in the Com- supports the accession of Taiwan to the World Trade mittee of the Whole on June 5 by a recorded vote Organization; requires a report concerning human of 232 ayes to 189 noes Roll No. 168); rights violations of the Hmong and Laotian refugees Pages H3699±H3700 who have returned to Laos; withholds assistance to By a voice vote, agreed to the Gilman amendment countries that provide nuclear fuel to Cuba; makes that removes the prohibition against foreign assist- funds available for the Cuban liberty and Democratic ance for narcotics related purposes to countries that Solidarity Act of 1996 and the Cuban Democracy have been decertified for funding (agreed to in the Act of 1992; urges the President to achieve an inter- Committee of the Whole on June 10); national arms sales code of conduct with all Pages H3700±01 Wassenaar Arrangement countries; and requires com- By a recorded vote of 410 ayes to 12 noes, Roll pliance with the Buy American Act (agreed to in the No. 195, agreed to the Scarborough amendment that Committee of the Whole on June 4); Pages H3693±97 applies to Sudan the provisions of the Anti-terrorism By a recorded vote of 425 ayes with none voting and Effective Death Penalty Act that restricts finan- ‘‘no’’ and 1 voting ‘‘present’’, Roll No. 190, agreed cial transactions until the President certifies that to the Smith of New Jersey amendment that requires Sudan is no longer sponsoring or supporting terror- the President to report on any border closure or eco- ism and provides that this restriction shall not apply nomic or commercial blockade by any newly inde- to humanitarian assistance (agreed to in the Com- pendent states that impede the delivery of U.S. hu- mittee of the Whole on June 10 by a recorded vote manitarian aid (agreed to in the Committee of the of 415 ayes to 9 noes Roll No. 171); Page H3701 Whole on June 4); Pages H3696±97 By a recorded vote of 423 ayes with none voting By a recorded vote of 141 ayes to 287 noes, Roll ‘‘no’’, Roll No. 196, agreed to the Nethercutt No. 191, rejected the Serrano amendment that re- amendment that expresses the sense of Congress that quires reports to Congress on official complaints by Al-Faran, a militant organization that seeks to merge the government of Cuba to the departments or agen- Kashmir with Pakistan should release immediately cies of the U.S. government (agreed to in the Com- Donald Hutchings of the State of Washington and mittee of the Whole on June 4); Page H3697 3 Western Europeans from captivity and cease and By a recorded vote of 415 ayes to 12 noes, Roll desist from all acts of hostage-taking and other vio- No. 192, agreed to the Fox of Pennsylvania amend- lent acts within the state of Jammu and Kashmir ment that expresses the sense of Congress commend- (agreed to in the Committee of the Whole on June ing the government of Ukraine for their decision to 10 by a recorded vote of 425 ayes with 1 voting relinquish nuclear weapons (agreed to in the Com- ‘‘present’’, Roll No. 173); Pages H3701±02 mittee of the Whole on June 4); Pages H3697±98 By a recorded vote of 366 ayes to 59 noes, Roll By a recorded vote of 387 ayes to 38 noes, Roll No. 197, agreed to the Miller amendment as amend- No. 193, agreed to the Lazio amendment that ex- ed that expresses the sense of Congress that the presses the sense of Congress regarding the compli- United States should allow the import of Cuban ci- ance with child and spousal support obligations by gars at such time as the government of Cuba has United Nations Personnel (agreed to in the Commit- freed all political prisoners, legalized all political ac- tee of the Whole on June 4); Page H3698±99 tivity, and agreed to hold free and fair elections By a recorded vote of 234 ayes to 193 noes, Roll (agreed to in the Committee of the Whole on June No. 194, agreed to the Smith of New Jersey amend- 10 by a recorded vote of 375 ayes to 49 noes Roll ment that prohibits population planning assistance No. 175); Pages H3702±03 to any foreign organization until the organization By a recorded vote of 417 ayes to 10 noes, Roll certifies that it will not perform abortions in any No. 198, agreed to the Fox of Pennsylvania amend- foreign country except where the life of the mother ment that expresses the sense of Congress regarding would be endangered or in cases of rape or incest the designation of Romania as eligible for assistance and certifies that it will not engage in any activity under the NATO Participation Act of 1994 (agreed to alter the laws or policies of any foreign country to in the Committee of the Whole on June 10); concerning the circumstances under which abortion Pages H3703±04 is permitted, regulated, or prohibited; and prohibits By a recorded vote of 427 ayes with none voting any funds to the United Nations Population Fund ‘‘no’’, Roll No. 199, agreed to the Ney amendment D602 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 1997 that prohibits assistance to any government that as- and cross references and to make such other technical sists the Government of Libya in violating sanctions and conforming changes as may be necessary to re- imposed by the United Nations and provides an ex- flect the actions of the House in amending the bill. ception for national security interests of the United Page H3717 States (agreed to in the Committee of the Whole on On June 4, the House agreed to H. Res. 159, the June 10 by a recorded vote of 426 ayes with none rule that provided for consideration of H.R. 1757 voting ‘‘no’’, Roll No. 174); Pages H3704±05 and H.R. 1758. Page H3291 By a recorded vote of 244 ayes to 184 noes, Roll European Security Act: The House passed H.R. No. 200, agreed to the Rohrabacher amendment that 1758, to ensure that the enlargement of the North restricts funding to the Russian Federation if the Atlantic Treaty Organization (NATO) proceeds in a federation transfers an SS-N-22 missile system to the manner consistent with United States interests, to People’s Republic of China (agreed to in the Com- strengthen relations between the United States and mittee of the Whole on June 11 by a recorded vote Russia, and to preserve the prerogatives of the Con- of 225 ayes to 190 noes, Roll No. 178); and gress with respect to certain arms control agree- Page H3705 ments. Pursuant to section 3 of H. Res. 159, the By a recorded vote of 425 ayes with none voting rule that provided for consideration of the bill, the ‘‘no’’ and 3 voting ‘‘present’’, Roll No. 201, agreed text of H.R. 1758 was appended to the engrossment to the Paxon amendment that condemns the Pal- of H.R. 1757, and H.R. 1758 was laid on the table. estinian Authority policy and practice of imposing Pages H3706±16 the death penalty on anyone who sells land to a Jew Agreed to the Frank motion to recommit the bill (agreed to in the Committee of the Whole on June to the Committee on International Relations with 10). Pages H3705±06 instructions to report H.R. 1758 back forthwith Earlier, agreed to amendments in the Committee with an amendment that adds a new section on of the Whole: Burdensharing that expresses the sense of the Con- The Rohrabacher amendment, debated on June gress that the United States already pays more than 10, that restricts funding to the Russian Federation a proportionate share of the costs of the common de- if the federation transfers an SS-N-22 missile system fense of Europe and that the European members of to the People’s Republic of China (agreed to by a re- NATO should pay the bulk of the costs of NATO corded vote of 225 ayes to 190 noes, Roll No. 178); expansion which are incurred by existing NATO and Pages H3670±71 members. Pages H3716±17 The Gilman en bloc amendment that establishes Subsequently, the bill was reported back and the the ‘‘Foreign Affairs Agencies Consolidation and Re- amendment on Burdensharing was agreed to. invention Act of 1997,’’ requires a reorganization Page H3717 plan from the President not later than 60 days after On June 4, the House agreed to H. Res. 159, the enactment; mandates the abolition of the Arms Con- rule that provided for consideration of both H.R. trol and Disarmament Agency and transfers its func- 1757 and H.R. 1758. Pages H3291 tions to the Secretary of State by October 1, 1998; mandates the abolition of the United States Informa- Quorum Calls—Votes: One yea-and-nay vote and tion Agency and transfers its functions to the Sec- twenty-three recorded votes developed during the retary of State by October 1, 1999; mandates the proceedings of the House today and appear on pages abolition of the International Development Coopera- H3670–71, H3680, H3686–87, H3687–88, H3688, tion Agency and transfers its functions to another H3688–89, H3689–90, H3690–91, H3691–92, agency or agencies by October 1, 1998; and reorga- H3692–93, H3693, H3695–96, H3696–97, H3697, nizes the functions of the Agency of International H3698, H3699, H3700, H3701, H3702, Development and consolidates various of its func- H3702–03, H3703–04, H3704–05, H3705, and tions with the Department of State by October 1, H3706. There were no quorum calls. 1999. Pages H3680±86 Adjournment: Met at 10:00 a.m. and adjourned at Rejected in the Committee of the Whole: 6:39 p.m. The Sanford amendment that sought to limit the aggregate funding authorized to the amount appro- Committee Meetings priated in fiscal year 1997 resulting in a reduction of $265 million for both fiscal years 1998 and 1999 CONSERVATION RESERVE PROGRAM (rejected by a recorded vote of 163 ayes to 261 noes, Committee on Agriculture: Subcommittee on Forestry, Roll No. 179); Pages H3671±80 Resource Conservation, and Research held a hearing The Clerk was authorized in the engrossment of to review the 1997 Conservation Reserve Program H.R. 1757 to correct section numbers, punctuation, contract announcement. Testimony was heard from June 11, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D603 Dallas Smith, Acting Under Secretary, Farm and recommendations; and H.R. 1515, Expansion of Foreign Agricultural Services, USDA. Portability and Health Insurance Coverage Act of LABOR-HHS-EDUCATION 1997. APPROPRIATIONS Will continue tomorrow. Committee on Appropriations: Subcommittee on Labor, MISCELLANEOUS MEASURES; BUDGET Health and Human Services, and Education held a RECONCILIATION hearing on the National Education Goals Panel; the Committee on Government Reform and Oversight: Ordered National Mediation Board; and the Armed Forces reported the following measures: H.R. 1553, to Retirement Home. Testimony was heard from Ken amend the President John F. Kennedy Assassination Nelson, Executive Director, National Education Records Collection Act of 1992 to extend the au- Goals Panel; the following officials of the National thorization of the Assassination Boards Review Board Mediation Board: Kenneth B. Hipp, Chairman, Er- until September 30, 1998; H.J. Res. 56, celebrating nest DuBester and Magdalena G. Jacobsen, both the end of slavery in the United States; and H.R. Members, and June D. W. King, Chief Financial Of- 1316, amended, to amend chapter 87 of title 5, ficer; and Dennis W. Jahnigen, M.D., Chairman, United States Code, with respect to the order of Armed Forces Retirement Home Board. precedence to be applied in the payment of life in- NATIONAL SECURITY APPROPRIATIONS surance benefits. The Committee also approved Budget Reconcili- Committee on Appropriations: Subcommittee on Na- ation recommendations to be transmitted to the tional Security met in executive session to hold a Committee on the Budget for inclusion in Budget hearing on Future Bomber/Deep Attack Capabilities. Reconciliation legislation. Testimony was heard from the following officials of the Department of Defense: John J. Hamre, Comp- PRIVATE IMMIGRATION BILL; CIVIL ASSET troller; Gen. Eugence E. Habiger, USAF, Com- FORFEITURE REFORM mander in Chief, U.S. Strategic Command; Gen. Committee on the Judiciary: Ordered reported a private Richard E. Hawley, USAF, Commander, Air Combat immigration bill. Command; and Lt. Gen. David J. McCloud, USAF, The Committee also held a hearing on civil asset Director, Force Structure, Resources and Assessment forfeiture reform, including discussion of H.R. 1835, (J–8), Joint Chiefs of Staff, all with the Department Civil Asset Forfeiture Reform Act. Testimony was of the Air Force. heard from Stefan D. Cassella, Deputy Chief, Asset BUDGET RECONCILIATION; COMMITTEE Forfeiture and Money Laundering Section, Criminal BUSINESS Division, Department of Justice; Jan P. Blanton, Ex- ecutive Office for Asset Forfeiture, Department of Committee on Banking and Financial Services: Approved the Treasury; and public witnesses. Budget Reconciliation recommendations to be trans- mitted to the Committee on the Budget for inclu- DEFENSE AUTHORIZATION sion in Budget Reconciliation legislation. Committee on National Security: Began markup of H.R. The Committee also considered pending Commit- 1119, National Defense Authorization Act for Fiscal tee business. Years 1998 and 1999. BUDGET RECONCILIATION NOAA AUTHORIZATION Committee on Commerce: Approved the following Budg- Committee on Resources: Ordered reported amended et Reconciliation recommendations to be transmitted H.R. 1278, National Oceanic and Atmospheric Ad- to the Committee on the Budget for inclusion in ministration Authorization Act of 1997. Budget Reconciliation legislation: Title III, Subtitle EXPEDITED PROCEDURE A—Nuclear Regulatory Commission Annual Charges; Title III, Subtitle B—Lease of Excess Stra- Committee on Rules: Granted, by voice vote, a rule tegic Petroleum Reserve Capacity; Title III, Subtitle waiving clause 4(b) of rule XI (requiring a two- C—Sale of DOE Assets; and Title III, Subtitle D— thirds vote to consider a rule on the same day it is Communications. reported from the Rules Committee) against certain resolutions reported from the Rules Committee. The BUDGET RECONCILIATION; EXPANSION waiver applies to a special rule reported before June OF PORTABILITY AND HEALTH 14, 1997 providing for consideration of a bill intro- INSURANCE COVERAGE ACT duced by the Chairman of the Committee on Appro- Committee on Education and the Workforce: Began con- priations making supplemental appropriations for the sideration of the following: Budget Reconciliation fiscal year ending September 30, 1997. D604 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 1997 BUDGET RECONCILIATION; Committee on Small Business, to hold oversight hearings MISCELLANEOUS MEASURES to review the Small Business Administration’s microloan program, 9:30 a.m., SR–428A. Committee on Transportation and Infrastructure: Ap- Committee on Veterans’ Affairs, business meeting, to con- proved Budget Reconciliation recommendations to sider recommendations which it will make to the Com- be transmitted to the Committee on the Budget for mittee on the Budget with respect to spending reductions inclusion in Budget Reconciliation legislation. and revenue increases to meet reconciliation expenditures The Committee also ordered reported amended as imposed by H. Con. Res. 84, establishing the congres- the following bills: H.R. 849, to prohibit an alien sional budget for the United States Government for fiscal who is not lawfully present in the United States year 1998 and setting forth appropriate budgetary levels from receiving assistance under the Uniform Reloca- for fiscal years 1999, 2000, 2001, and 2002, and H.J. tion Assistance and Real Property Acquisition Poli- Res. 75, to confer status as an honorary veteran of the United States Armed Forces on Leslie Townes (Bob) cies Act of 1970; and H.R. 1747, John F. Kennedy Hope, 2:30 p.m., SR–418. Center Parking Improvement Act of 1997. f BUDGET RECONCILIATION NOTICE Committee on Ways and Means: Began markup of For a listing of Senate committee meetings sched- Budget Reconciliation tax recommendations. uled ahead, see pages E1193–94 in Today’s Record. Will continue tomorrow. House IRAN BRIEFING Committee on Agriculture, hearing on forest ecosystem health in the Pacific Coast and Southern Regions, 10 Permanent Select Committee on Intelligence: Met in execu- a.m., and to consider Budget Reconciliation recommenda- tive session to hold a hearing on Iran. Testimony tions, 2:30 p.m., 1300 Longworth. was heard from departmental witnesses. Committee on Commerce, to consider the following Budget f Reconciliation recommendations: Title III, Subtitle E— Medicaid; Title III, Subtitle F—State Child Health Cov- COMMITTEE MEETINGS FOR THURSDAY, erage Assistance; and Title IV—Committee on Com- JUNE 12, 1997 merce—Medicate, 10 a.m., 2123 Rayburn. Committee on Education and the Workforce, to continue (Committee meetings are open unless otherwise indicated) consideration of the following: Budget Reconciliation rec- Senate ommendations; and H.R. 1551, Expansion of Portability and Health Insurance Coverage Act of 1997, 9 a.m., Committee on Appropriations, Subcommittee on Transpor- 2175 Rayburn. tation, to hold hearings to examine air traffic controller Subcommittee on Early Childhood, Youth and Fami- staffing issues and other aviation issues, 10 a.m., SD–138. lies, to markup the following: H.R. 1853, Carl D. Per- Committee on Armed Services, closed business meeting, to kins Vocation and Applied Technology Act Amendments continue to mark up a proposed National Defense Au- of 1997; H.R. 1818, Juvenile Crime Control and Delin- thorization Act for Fiscal Year 1998, 10 a.m., SR–222. quency Prevention Act of 1997; and H. Res. 139, ex- Committee on Energy and Natural Resources, to resume a pressing the sense of the House of Representatives that workshop to examine competitive change in the electric the Department of Education, States, and local education power industry, focusing on the benefits and risks of re- agencies should spend a greater percentage of Federal structuring to consumers and communities, 9:30 a.m., education tax dollars in our children’s classrooms, 10 SH–216. a.m., 2175 Rayburn. Committee on Foreign Relations, business meeting, to Committee on Government Reform and Oversight, Sub- mark up proposed legislation authorizing funds for fiscal committee on Human Resources, oversight hearing on years 1998 and 1999 for foreign assistance programs, in- Reducing Regulatory Mandates on Education, 10 a.m., cluding the State Department, the United States Informa- 2247 Rayburn. tion Agency, the United States Arms Control and Disar- Committee on the Judiciary, Subcommittee on Commer- mament Agency, United Nations reform and reorganiza- cial and Administrative Law, hearing on H.R. 872, Bio- tion of foreign affairs agencies, 2 p.m., SD–419. materials Access Assurance Act of 1997, 10 a.m., 2237 Committee on Governmental Affairs, business meeting, to Rayburn. discuss the issuance of subpoenas and the granting of im- Subcommittee on Crime, to markup the following: munity to witnesses, 4 p.m., SD–342. H.R. 103, Private Security Officer Quality Assurance Act Committee on the Judiciary, business meeting, to consider of 1997; Telemarketing Fraud Prevention Act of 1997; pending calendar business, 9 a.m., SD–226. H.R. 748, Prohibition on Financial Transactions With Committee on Labor and Human Resources, to resume hear- Countries Supporting Terrorism Act of 1997; H.R. 1532, ings on proposed legislation authorizing funds for pro- Veterans’ Cemetery Protection Act of 1997; H.R. 1683, grams of the Higher Education Act, focusing on oppor- Jacob Wetterling Crimes Against Children and Sexually tunity programs, 10 a.m., SD–430. Violent Offenders Registration Improvements Act of June 11, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D605

1997; H.R. 1837, Juvenile Rape in Prison Protection Act Committee on Science, Subcommittee on Space and Aero- of 1997; H. Res. 154, expressing the sense of the House nautics, to markup H.R. 1702, Commercial Space Act of that the Nation’s children are its most valuable assets and 1997, 10 a.m., 2318 Rayburn. that their protection should be the Nation’s highest pri- Subcommittee on Technology, hearing on the Admin- ority; H. Con. Res. 75, expressing the sense of the Con- istration’s Commission’s Recommendations on Cloning, 1 gress that States should work more aggressively to attack p.m., 2318 Rayburn. the problem of violent crimes committed by repeat of- Committee on Small Business, Subcommittee on Taxation, fenders and criminals serving abbreviated sentences; and Finance and Exports, hearing on the Impact of Estate H.R. 1840, Law Enforcement Technology Advertisement Taxes on Small and Family Businesses, 10 a.m., 2359 Clarification Act of 1997, 9 a.m., 2226 Rayburn. Rayburn. Committee on Resources, Subcommittee on Energy and Committee on Transportation and Infrastructure, Sub- Mineral Resources, oversight hearing on Bureau of Land committee on Aviation, hearing on International Aviation Management’s hard rock mining bonding regulations, Bilaterals and Code Sharing Relationships, focusing on 2:00 p.m., 1334 Longworth. Japan, 9:30 a.m., 2167 Rayburn. Committee on Veterans’ Affairs, to markup the following: Subcommittee on Forests and Forest Health, oversight Budget Reconciliation recommendations; and H.R. 699, hearing on reintroduction of the grizzly bear in the pub- Military Voting Rights Act of 1997, 9:30 a.m., 334 Can- lic domain National Forests, 10:00 a.m., 1334 Long- non. worth. Committee on Ways and Means, to continue markup of Subcommittee on Water and Power, oversight hearing Budget Reconciliation tax recommendations, 10 a.m., on Bonneville Power Administration, status of Regional 1100 Longworth. Review Process, 2:00 p.m., 1324 Longworth. Permanent Select Committee on Intelligence, executive, brief- ing on North Korea, 10 a.m., H–405 Capitol. D606 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Thursday, June 12 10 a.m., Thursday, June 12

Senate Chamber House Chamber Program for Thursday: Senate may consider any cleared Program for Thursday: Consideration of H.J. Res. 64, legislative or executive business. Flag Desecration Constitutional amendment (closed rule, 2 hours of debate); H. Res. 165, rule allowing same day consideration of a further rule for FY 1997 Emergency Supplemental Ap- propriations Act; and FY 1997 Emergency Supplemental Appropriations Act (subject to a rule).

Extension of Remarks, as inserted in this issue

HOUSE Hamilton, Lee H., Ind., –E1188 Packard, Ron, Calif., –E1179 Harman, Jane, Calif., –E1191 Rangel, Charles B., N.Y., –E1180 Barcia, James A., Mich., –E1188 Lantos, Tom, Calif., –E1183, E1186 Rivers, Lynn N., Mich., –E1188 Coble, Howard, N.C., –E1179 Lewis, Jerry, Calif., –E1179, E1182 Sanders, Bernard, Vt., –E1182, E1185, E1187, E1190 Davis, Thomas M., Va., –E1179 Manton, Thomas J., N.Y., –E1190 Shaw, E. Clay, Jr., Fla., –E1181 Eshoo, Anna G., Calif., –E1190 Meehan, Martin T., Mass., –E1190 Shuster, Bud, Pa., –E1181 Forbes, Michael P., N.Y., –E1185, E1187 Mica, John L., Fla., –E1191 Skaggs, David E., Colo., –E1181 Frank, Barney, Mass., –E1189 Miller, George, Calif., –E1180 Skelton, Ike, Mo., –E1186 Gilman, Benjamin A., N.Y., –E1185, E1187 Morella, Constance A., Md., –E1180 Visclosky, Peter J., Ind., –E1189 Gingrich, Newt, Ga., –E1186 Ney, Robert W., Ohio, –E1191 Walsh, James T., N.Y., –E1182

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $150.00 for six months, $295.00 per year, or purchased for $2.50 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.