Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, SECOND SESSION

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

Vol. 142 WASHINGTON, THURSDAY, AUGUST 1, 1996 No. 116—Part II House of Representatives

AMERICAN PEOPLE WANT LAW With the enactment of the health nativist, isolationist initiative that the ENFORCEMENT TO HAVE TOOLS care bill, this commonsense Congress is Congress should reject summarily. IT NEEDS TO FIGHT TERRORISM giving Americans genuine health care f (Mr. CARDIN asked and was given reform without a government take- CONGRESS ACTS TO MAKE ENG- permission to address the House for 1 over. The bill establishes medical sav- LISH OUR OFFICIAL LANGUAGE minute and to revise and extend his re- ings accounts, fights fraud and abuse, marks.) provides a long-term care insurance de- (Mr. ROTH asked and was given per- Mr. CARDIN. Mr. Speaker, the Amer- duction, allows the self-employed to mission to address the House for 1 ican people are shocked and outraged deduct 80 percent of health care costs, minute and to revise and extend his re- over the tragedies of TWA Flight 800 and allows people the freedom to marks.) and at the Olympic Park. change jobs without losing their health Mr. ROTH. Mr. Speaker, today is a The American people want us to care coverage. great day for America. We are finally show determination and common sense Mr. Speaker, I’m glad President Clin- going to address an issue that the in giving our Nation’s law enforcement ton has finally come around. True American people have been asking us community the tools it needs to fight health care reform is what the Amer- to address for a long time, like the terrorism. ican people want. 45,000 people, 97 percent of the people One proposal is to put chemical f who called in to USA Today in one markers, or taggants, in gun powder to PUTTING AMERICA AGAINST ITS weekend who said let us make English help the FBI identify the vicious cow- OWN IMMIGRANT ROOTS our official language. Winston Churchill said a common ards responsible for bombings. (Mr. RICHARDSON asked and was What sensible person would side with language is one of the Nation’s most given permission to address the House priceless inheritances, and as an Amer- the bombers and against the FBI? We for 1 minute and to revise and extend have a chance, before we leave this ican I am delighted to say today that his remarks.) we are going to address this issue. Eng- week, to do what the American people Mr. RICHARDSON. Mr. Speaker, an- would do if they could vote themselves. lish is a legacy for you and for me. No other Democratic initiative, health matter what our background or ethnic The President has asked us to pass care and insurance reform, will soon this antiterrorism proposal. Unfortu- group, we all want to pass on this leg- become law, affecting millions of acy for posterity so we can remain one nately, the long arm of the National Americans. The Kennedy-Kassebaum Rifle Association has reached into this Nation, one people, one language. bill, which reforms insurance port- We Americans are from every corner House and prevented us from even tak- ability and preexisting conditions in ing the issue up. of the globe. We represent every ethnic insurance, will permit us to go home group, every religious group, every na- It is time for this House to stand and say, rightfully, that this is not a with the American people, and stand tion. But we are one nation, one peo- do-nothing Congress. ple. Why? Because up to now we have up to the NRA. Let’s pass meaningful But along with same-sex marriage, had a wonderful commonality and antiterrorism legislation. abortion, and illegal immigration, Re- today we are going to make English f publicans are looking for another our official language so that we can re- wedge issue to divide the country and PRESIDENT CLINTON FINALLY spect all cultures, but also reaffirm our get some votes. They have found it in COMES AROUND TO TRUE common bond and unifying force, the ‘‘English Only,’’ an initiative that puts HEALTH CARE REFORM English language. America against its own immigrant (Mr. BALLENGER asked and was roots and the sweeping tides of history. f given permission to address the House for 1 minute and to revise and extend b 1015 MEXICAN DRUG TRAFFICKING TO his remarks.) It tells the billions that are watching AMERICA MUST BE STOPPED Mr. BALLENGER. Mr. Speaker, good the Olympics in Atlanta that America (Mr. TRAFICANT asked and was news for all Americans today. Not only is saying that any language besides given permission to address the House has President Clinton agreed to sign English is not important. ‘‘English for 1 minute and to revise and extend the bipartisan welfare reform bill, he Only’’ is bad for business, since most of his remarks.) has said he will also sign the bipartisan our commerce is done in other lan- Mr. TRAFICANT. Mr. Speaker, a health care reform bill. guages. It is bad for tourism. It is a bad former Mexican drug agent says the

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.

H9707 H9708 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Mexican Government is so corrupt that And to think that this day almost Unfortunately, the rigid, extreme op- Mexican drug agents regularly escort never was. In spite of the vote of 100 to position of the House majority, most of massive drug shipments to America’s 0 in the Senate, it took Democrats, the Members and their leadership, have borders. He further said Mexican drug constantly pressuring the Republicans, made it impossible to act before this agents are nothing more than body- to get to where we are today. point. In fact, the House majority lead- guards for drug traffickers to America. The Republicans were prepared to let ership has said that they ought to Mr. Speaker, are you surprised? I am this bill languish in the Senate, but we eliminate the minimum wage, not raise not. Everybody knows Mexico’s war on applied the pressure here, and more im- it. drugs is a joke and America’s war on portant the American people applied Well, a few Republicans working with drugs is a comedy of errors. the pressure all across this country, us in the House minority are going to Think about it. When an 8-year-old and the Republicans were forced to act. create a bipartisan majority to raise can find brown Mexican heroin, Mexi- Imagine, forced to enact legislation the minimum wage. I admire those can cocaine, and Mexican marijuana on that would help working families be House Republicans that took on their any street corner of America, some- able to maintain their insurance, to leadership on this one. They have made thing is not only wrong, somebody in prevent insurance companies from dis- it possible to do something very impor- high places, both in Mexico and in criminating based on preexisting con- tant for working Americans. Washington, is getting awfully rich. ditions. f Mr. Speaker, I say it is time to de- Mr. Speaker, we are sent here to do ploy troops to the border and cut off the people’s business and to work on ELECTION YEAR POLITICS aid to Mexico until they stop flooding behalf of families in this country. The (Mr. KINGSTON asked and was given our shores with dope. Think about it, bottom line is that although some may permission to address the House for 1 Congress. have gotten here kicking and scream- minute and to revise and extend his re- ing, they are here. We will pass health f marks.) care legislation today. Mr. KINGSTON. Mr. Speaker, aren’t THANK YOU, MR. PRESIDENT, FOR f election year politics fun? Here yester- SUPPORTING WELFARE REFORM PASSAGE OF WELFARE REFORM day President Clinton, following Bob (Mr. BARTLETT of Maryland asked MARKS HISTORIC DAY FOR CON- Dole’s lead, agreed to sign the Repub- and was given permission to address GRESS lican welfare bill. And then following the House for 1 minute and to revise Clinton, who was following Dole, 68 (Mr. LEWIS of California asked and and extend his remarks.) Democrats changed their vote from was given permission to address the Mr. BARTLETT of Maryland. Mr. less than a month ago to pass this House for 1 minute and to revise and Speaker, it’s been a 2-year struggle, bill on an overwhelming bipartisan extend his remarks.) but I welcome President Clinton’s sup- Mr. LEWIS of California, Mr. Speak- basis. port for the bipartisan effort by the er, yesterday was a historic day for the Then, in the paper today Clinton is 104th Congress to save generations of U.S. Congress. The passage of the Ging- going to support the Hastert-Kasse- Americans from the poverty trap of the rich-Dole Welfare Reform Act provides baum Republican health care bill. failed welfare system. a dramatic shifting of the direction of Right under that, President Clinton is These commonsense welfare reforms the ship-of-state, a shift away from going to support the Republican clean will end welfare as a way of life. welfare, from a growing Federal bu- drinking water bill. Add these to the These commonsense welfare reforms reaucracy and ever expanding Federal fact that this party and this Congress will ensure that able-bodied citizens welfare spending. has passed the line-item veto, securi- between the ages of 18 and 50 without And as the ship turns, it will move ties reform litigation, a telecommuni- children must work in order to get wel- toward less dependency upon Govern- cations bill, Social Security earnings fare benefits. ment, toward private opportunity and limitation increase, lobbyist reform, a These commonsense welfare reforms independence. gift ban and the dissolving of 28 dif- will help preserve families and give The welfare reform effort passed yes- ferent committees and subcommittees. them a helping hand to self-sufficiency terday was initiated by Speaker NEWT This Republican Party has made in instead of discouraging marriage and GINGRICH and majority leader BOB this Congress a significant change in encouraging illegitimacy. DOLE. Speaker GINGRICH and his com- moving the country in the direction of These commonsense welfare reforms mittees crafted the bill and worked less government. Thank goodness for will end the tyranny of Washington bu- tirelessly for its passage. And only yes- election year politics. reaucrats preventing our State Gov- terday, Speaker GINGRICH successfully f ernors from instituting innovative pro- got a commitment from President grams to help their neediest citizens GOOD HEALTH CARE IMPORTANT, Clinton to sign it. BUT ALSO A SECURE NATION become self-sufficient. So while Speaker GINGRICH will share Most important, these commonsense a piece of the credit for the Gingrich- (Ms. JACKSON-LEE of Texas asked welfare reforms will help save children, Dole reform package with the Presi- and was given permission to address communities, and cities from the hor- dent, yesterday will go down as a his- the House for 1 minute and to revise rific cycle of poverty and violence toric success for the new Republican and extend her remarks.) which has destroyed so many lives. majority in Congress. Ms. JACKSON-LEE of Texas. Mr. Welfare reform is a victory for all f Speaker, I am so grateful that I am Americans. able to tell one of my constituents who f RAISING THE MINIMUM WAGE NOW called in yesterday to talk of a sick A POSSIBILITY wife who lost her job that the Demo- MUCH-NEEDED HEALTH CARE (Mr. POMEROY asked and was given crats have prevailed and we do have a REFORM IS FINALLY HERE permission to address the House for 1 good health care bill that will allow (Ms. DELAURO asked and was given minute and to revise and extend his re- portability and not take into consider- permission to address the House for 1 marks.) ation preexisting condition. minute and to revise and extend her re- Mr. POMEROY. Mr. Speaker, this But I am saddened about my Repub- marks.) morning I rise to give credit to a small lican colleagues, so dominated by the Ms. DELAURO. Mr. Speaker, finally, brave group of House Republicans that National Rifle Association, that after almost a year to the day that it was in- will join House Democrats and make it the TWA tragedy and the Atlanta trag- troduced, we are prepared to pass the possible to at least raise the minimum edy we will not give law enforcement Kennedy health care reform bill. This wage. We in the House minority think officers the right tools, such as much-needed legislation will provide that $4.25 an hour is not enough to live tagants, to determine who planted the millions of Americans with health in- on. We know that with the minimum bomb? Why? Why? Because the NRA surance through greater portability wage at its lowest purchasing point in dominates this Republican Congress, and other needed reforms. 40 years, the time to act is now. because they believe in following their August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9709 leaders at the National Rifle Associa- vine. The Los Angeles Times, however, going to take up tomorrow the mini- tion. reported that Speaker GINGRICH’s mum wage. Republicans have said they I am grateful that we may get good spokesman, Tony Blankley, said that, would fight it with every fiber of their health care, but I am saddened that we quote, ‘‘GINGRICH’s comments were being. The fact is the Democrats stood will not have a secure Nation for all of consistent with the Republican belief for decent wages and decent working our citizens. Why have we not had that most seniors would voluntarily conditions. Forty percent of the people hearings on terrorism, domestic and choose to leave the traditional Medi- who earn the minimum wage are bread international? Why? Because the Re- care fee-for-service system in favor of winners for their family. Fifty-eight publicans have not set it on the agen- HMO’s.’’ percent of the people who earn the da. Now that’s the real scoop on NEWT minimum wage are women. We need I hope America will rise up and deter- GINGRICH and Medicare. decent wages in America. mine that we must have, yes, good Think about it, when have you Mr. Speaker, the Democratic agenda health care for all of our citizens, but known the Speaker to not say what he is alive and well. means and mean what he says. we must also have a safe, secure Na- f tion. We must give law enforcement f CHECKING ON NAFTA the tools to fight terrorism and hold CONFERNCE REPORT ON HEALTH hearings on terrorism in America. CARE REFORM (Mr. WELDON of Pennsylvania asked and was given permission to address f (Mr. CHRYSLER asked and was given the House for 1 minute and to revise permission to address the House for 1 PEOPLE NEED HEALTH CARE and extend his remarks.) SECURITY minute.) Mr. CHRYSLER. Mr. Speaker, when Mr. WELDON of Pennsylvania. Mr. (Mr. HASTERT asked and was given Republicans took over the Congress, we Speaker, the debate over the success of permission to address the House for 1 proved to the Washington liberal estab- NAFTA continues. Two years after this minute and to revise and extend his re- lishment that politicians can come legislation became law, we look back marks.) here and keep their word. We proved and see whether or not it has been suc- Mr. HASTERT. Mr. Speaker, I rise that we could make a difference in the cessful, and there is still disagreement. today to announce to the American lives of the American people. Tomorrow I will introduce bipartisan people and to this body that the score The events of this week are proof legislation, Mr. Speaker, however, that is not exactly an Olympic score, but it that this Congress has been one of the all of us can join together on. My legis- is big Government, big obtrusive Gov- most productive in a generation. lation, the NAFTA check bill, will re- ernment, 0, the American people, 2. Yesterday, Bill Clinton said that he quire the President of the United That is a good trend, and we hope to would sign our commonsense welfare States to certify each year to the Con- raise and make that score even spread, reform bill that we will send him later gress whether or not those side agree- but with the passage of welfare reform this week. It is a good bill. It is genu- ments that he told us would raise up and, today, health care reform, we have ine reform of the broken welfare sys- the workers standards in Mexico and given the American people something tem. would enforce tough environmental on a bipartisan basis, mainly because Today, the House will consider the laws in Mexico are actually working. some people in this Congress have conference report on health care re- Mr. Speaker, I ask our colleagues to stood up and said there is a principle, form. This bill will give health care se- join with us to allow this President there are some things we could do. curity to working Americans. It estab- each year to certify to us as to whether People need to have health care secu- lishes medical savings accounts, which or not what he told us to get our votes rity. We need to make health care port- I have had for 3 years, fights fraud and for NAFTA has in fact been occurring able so a mother who loses her job, abuse, and ends job lock. for the past 2 years. That is an annual with an asthmatic child, can go and get Mr. Speaker, this Congress is making certification as to environmental pro- health care at the next stop, at the a difference. We are providing the com- tection and as to worker standards in next job she picks up; that a father monsense changes that the American the state of Mexico as parties to the who is locked into a job that he has people have demanded for years. NAFTA agreement. and a wife with a heart condition will f I urge our colleagues to sign as co- move on to a better job because there DEMOCRATIC AGENDA ALIVE AND sponsors when this bill is dropped to- is portability. WELL morrow. We can move it quickly in And, yes, we do give American fami- September to get passage in this body lies choice, choice through the medical (Mr. WYNN asked and was given per- and the other body. mission to address the House for 1 savings account to choose the doctor f they want, to choose the health care minute and to revise and extend his re- TESTING SINCERITY ON WELFARE they want, and if they do not spend marks.) Mr. WYNN. Mr. Speaker, good morn- REFORM that money they get to keep it. ing. Despite my GOP friends’ spin, I f (Mr. DURBIN asked and was given have to tell you the Democratic agenda permission to address the House for 1 MEDICARE is alive and well in America and Amer- minute and to revise and extend his re- ican citizens are better for it, because (Ms. MCKINNEY asked and was given marks.) permission to address the House for 1 it is the Democrats who have pushed Mr. DURBIN. Mr. Speaker, yesterday minute). for health care reform and for the min- was a historic day. The passage of wel- imum wage. Ms. MCKINNEY. Mr. Speaker, gripped fare reform is long overdue. If we listen On health care reform, the Kennedy- by the fear of losing control over the to the speeches on this floor, we heard Kassebaum health insurance reform first Republican Congress in 40 years, Member after Member stand up and say bill will be on the floor today, and we NEWT GINGRICH and his legions are try- we need to put people to work. The will be able to provide Americans with first test of sincerity on those speeches ing to convince the public that they health insurance when they change did not cut Medicare to pay for tax jobs. We will be able to ensure that will come today or tomorrow on the breaks to the wealthy. Americans will not be prohibited from question of whether we raise the mini- On October 26, however, Speaker getting health insurance because of mum wage in America. GINGRICH boasted about Republican ef- preexisting conditions, such as the fact Think about how many millions of forts to weaken fee-for-service Medi- that your child may have asthma or Americans are struggling today at a care to the point where it would, quote, someone has a longstanding hip injury minimum wage job trying to stay off ‘‘Wither on the vine.’’ who is an older member of your family. welfare. The Republican leadership, And in an attempt to back away from Mr. GINGRICH and Mr. Dole, have both that statement, Speaker GINGRICH said b 1030 resisted our efforts to raise the mini- that he meant the health care financ- That is important and that was a mum wage so people who are doing the ing administration would wither on the Democratic initiative. We are also personally responsible thing for their H9710 CONGRESSIONAL RECORD — HOUSE August 1, 1996 families will receive a decent wage. I call up the conference report on the guidance of House Oversight Committee and Those coming off welfare because of re- bill (H.R. 3754) making appropriations Senate Rules Committee. form need to have an opportunity to for the legislative branch for the fiscal Directed a study of audio broadcasts of move to a job where they can make a year ending September 30, 1997, and for House proceedings. living. other purposes. STREAMLINING The first test of sincerity on the wel- The Clerk read the title of the bill. Completing two-year program to downsize fare reform bill is whether we will GENERAL LEAVE General Accounting Office by 25 percent. leave this week defying the Republican Mr. PACKARD. Mr. Speaker, I ask Eliminated funding for jobs not being uti- leadership, Mr. Dole and Mr. GINGRICH, unanimous consent that all Members lized by several agencies. and increase the minimum wage. If we may have 5 legislative days in which to Converting permanent edition of bound fail to do that, the critics can just say Congressional Record, a 26 volume docu- revise and extend their remarks on the ment, to CD–ROM: will expedite availability that this welfare reform debate was po- conference report to accompany H.R. by at least 2 years, enhance the research ca- litical hot air. 3754 and that they may include tabular pabilities of the document, and save over $1 f and extraneous material. million annually. The SPEAKER pro tempore. Is there Converting Congressional Serial Set, a 60 PERMISSION FOR SUNDRY COM- objection to the request of gentleman volume document to CD–ROM: will expedite MITTEES AND THEIR SUB- from California? availability by several years, enhance its use COMMITTEES TO SIT TODAY There was no objection. as a research tool, and save over $1 million DURING THE 5-MINUTE RULE annually. The SPEAKER pro tempore. Pursu- Clerk of the House will expand capability Mr. TIAHRT. Mr. Speaker, I ask ant to the order of the House of today, of House to use electronic formats for legis- unanimous consent that the following the conference report is considered as lative documents to reduce printing and dis- committees and their subcommittees having been read. tribution costs. be permitted to sit today while the (For conference report and state- Have deferred to authorizing Committees House is meeting in the Committee of ment, see proceedings of the House of the Public Printer’s plan to convert Federal the Whole under the 5-minute rule: The Wednesday, July 31, 1996, at page Depository Program to electronic format. Committee on Agriculture; the Com- H9450). INCREASING USE OF PRIVATE SECTOR mittee on Banking and Financial Serv- The SPEAKER pro tempore. Pursu- Outsourcing custodial work at Ford House ices; the Committee on Commerce; the ant to the order of the House of today, Office Building; directed Architect to trans- Committee on Economic and Edu- the gentleman from California [Mr. fer affected staff to comparable jobs at com- cational Opportunities; The Committee PACKARD] and the gentleman from Ar- parable pay. on Government Reform and Oversight; kansas [Mr. THORNTON] each will con- Conducting studies of other outsourcing the Committee on International Rela- trol 30 minutes. possibilities at Power Plant, care and main- tions; the Committee on the Judiciary; The Chair recognizes the gentleman tenance of other Congressional buildings. the Committee on Resources; the Com- from California [Mr. PACKARD]. Continue public-private sector collabora- mittee on Science; the Committee on Mr. PACKARD. Mr. Speaker, I yield tion on National Digital Library. Small Business; the Committee on myself such time as I may consume. Public Printer to determine potential for privatizing GPO plant workload. Transportation and Infrastructure; and This is the conference report on the the Permanent Select Committee on Looking for alternatives for operating the legislative branch appropriations bill. Botanic Garden. Intelligence. It will cut from the 1996 program level It is my understanding that the mi- over $22 million and will keep us on the CONFERENCE REPORT COMPARED TO HOUSE BILL nority has been consulted and that glidepath to a balanced budget. Added $1.1 million for the Capitol Police. Added $244,000 for CBO. there is no objection to these requests. HIGHLIGHTS—H.R. 3754 CONFERENCE REPORT The SPEAKER pro tempore (Mr. Added $1 million for the Library of Con- CONTINUING PROGRAM OF OVERALL SAVINGS gress to pay for a Management study. NETHERCUTT). Is there objection to the $22.3 million below 1996 program level request of the gentleman from Kansas? Added $750,000 for a new backup power sup- (budget authority); $48.6 million below in ply for the Library’s computers. There was no objection. outlays. $250,000 reduction for the Joint Economic f Two-year reduction of $226 million in BA Committee; conferees believe the need for and $236 million in outlays. this joint committee should be reviewed CONFERENCE REPORT ON H.R. 3754, Cut funding for 616 jobs in this bill; two with the idea that it will be phased out in LEGISLATIVE BRANCH APPRO- year total of 1643 FTE’S=6.4 percent of legis- the future. In the meantime, funding contin- PRIATIONS ACT, 1997 lative workforce. ues at a reduced level. House budget down by $45 million and General Provisions; the bill contains a pro- Mr. PACKARD. Mr. Speaker, I ask House staff down by 854 FTE’s over 96–97 pe- vision that will bring greater standardiza- unanimous consent that it be in order riod. tion to legislative information processes. at any time to consider the conference If entire Federal budget were reduced pro- The Capitol Police will be able to elect to portionately, Federal budget would show a report to accompany the bill (H.R. 3754) use comp time in lieu of paid overtime. making appropriations for the legisla- $100 billion surplus (based on closed model extrapolation). There is a provision that will remove copy- tive branch for the fiscal year ending right prohibitions from reproduction and dis- September 30, 1997, and for other pur- FRANKED MAIL REFORM tribution of braille and other special mate- poses, that all points of order against Make permanent law the 90-day before rials for the blind and other readers with dis- the conference report and against its election ban on unsolicited mass mailings. abilities. consideration be waived, and that the MOVING TOWARD CYBERCONGRESS COMPARED TO 602(B)’S conference report be considered as read $211 million provided for operations and in- $15 million below Budget Authority target. when called up. vestments in computers and telecommuni- $17 million below Outlay target. The SPEAKER pro tempore (Mr. cations—12.5 percent of entire legislative budget (Senate excluded). CONFERENCE AGREEMENT COMPARED TO ITEMS LAHOOD). Is there objection to the re- IN ORIGINAL HOUSE BILL quest of the gentleman from Califor- Expanding public access through Internet to public laws, Congressional debate, Con- The House bill sent to the Senate was $37.4 nia? gressional schedule, and other legislative million below 1996 in BA and $52.5 million There was no objection. matter via THOMAS and GPO ACCESS. below in outlays. Mr. PACKARD. Mr. Speaker, pursu- Established a legislative branch-wide in- The conference agreement is $34.4 million ant to the order of the House of today, formation system working group—under below in BA and $48.5 below in outlays. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9711 H9712 CONGRESSIONAL RECORD — HOUSE August 1, 1996 August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9713 H9714 CONGRESSIONAL RECORD — HOUSE August 1, 1996 August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9715 Mr. PACKARD. Mr. Speaker, I re- (For conference report and state- which is $10.2 billion less than the current serve the balance of my time. ment, see proceedings of the House of year and $5.6 billion below the administration Mr. THORNTON. Mr. Speaker, I yield Tuesday, July 30, 1996, at page H9368.) request. myself such time as I may consume. The SPEAKER pro tempore. The gen- Mr. Speaker and Members of the House, I rise to express my appreciation to tleman from New Mexico [Mr. SKEEN] this agreement supports programs which ben- the conference for following the in- and the gentleman from Illinois [Mr. efit every one of your constituents every day, structions of this House and instruct- DURBIN] each will control 30 minutes. no matter if they live in rural America, the sub- ing action on the conference report and The Chair recognizes the gentleman urbs or in our great cities. to commend the chairman, the gen- from New Mexico [Mr. SKEEN]. It supports the food stamp program, the tleman from California [Mr. PACKARD], GENERAL LEAVE Women, Infants and Children feeding pro- for his efforts. Mr. SKEEN. Mr. Speaker, I ask unan- gram, school lunch, school breakfast, elderly Mr. Speaker, I have no requests for imous consent that all Members may feeding programs, and other essential serv- time, and I yield back the balance of have 5 legislative days in which to re- ices. my time. vise and extend their remarks on the Mr. PACKARD. Mr. Speaker, I yield Our rural development funding brings clean conference report to accompany H.R. water, affordable housing, jobs, and economic back the balance of my time. 3603, and that they may include tabular The SPEAKER pro tempore. Without growth to rural America. and extraneous material. objection, the previous question is or- Our research programs support the finest The SPEAKER pro tempore. Is there dered on the conference report. and most efficient agricultural system in the objection to the request of the gen- There was no objection. world. This system not only delivers an abun- tleman from New Mexico? The SPEAKER pro tempore. The dance of food to the American consumer but There was no objection. question is on the conference report. this year it creates a more than $30 billion Mr. SKEEN. Mr. Speaker, I yield my- Pursuant to clause 7 of rule XV, the trade surplus in agricultural products, meaning self such time as I may consume. yeas and nays are ordered. jobs in the food processing, transportation and I will be brief and ask that my formal Pursuant to clause 5 of rule I, further service industries in every State. remarks be inserted in the RECORD. proceedings on the conference report This conference report also supports the will be postponed. This conference report is almost the same as the bill that passed the House Food and Drug Administration and the food f on June 12. safety and inspection service which protect our supply of food, medicines and medical de- CONFERENCE REPORT ON H.R. 3603, Mr. Speaker, this conference agree- vices. I want to point out, Mr. Chairman, that AGRICULTURE, RURAL DEVELOP- ment has programs that benefit every MENT, FOOD AND DRUG ADMIN- one of our constituents and their lives this agreement fully funds the food safety and ISTRATION, AND RELATED every day no matter where they live or inspection service as it launches the most AGENCIES APPROPRIATIONS what they do. I respectfully ask that comprehensive change ever in our Federal ACT, 1997 we get an ‘‘aye’’ vote on the conference meat and poultry inspection system. Mr. Speaker, I do want to point out one mat- Mr. SKEEN. Mr. Speaker, I ask unan- agreement on H.R. 3603. ter than I know is of concern to a number of imous consent that it be in order at Mr. Speaker, I am pleased to present to you Members and that is the formula grants to any time to consider a conference re- today the conference agreement for H.R. 1890's colleges and Tuskegee University. For port to accompany the bill (H.R. 3603) 3603, a bill making appropriations for Agri- the fiscal year 1997, cuts were made in exten- making appropriations for Agriculture, culture, Rural Development, Food and Drug sion grants using an across-the-board formula Rural Development, Food and Drug Ad- Administration, and related agencies programs with last year's grants as a base. There was ministration and Related Agencies pro- for fiscal year 1997. an error in the calculation of the grant formula grams for the fiscal year ending Sep- This is a solid bipartisan bill which advances for 1890's colleges and Tuskegee University. I tember 30, 1997, and for other purposes, both the goals of budget reduction and the have discussed this with representatives of that all points of order against the con- support of a large number of programs impor- these institutions and I want to assure them ference report and against its consider- tant to the health and safety of the American and my colleagues that I will work to correct ation be waived, and that the con- people. this error at the first opportunity. ference report be considered as read Going into conference with the Senate, our when called up. bills were $316 million apart in discretionary Finally, Mr. Speaker, I mentioned at the The SPEAKER pro tempore. Is there spending, with the House having the lower start that this is a bipartisan effort and I want objection to the request of the gen- mark. The leadership of both committees split to point out that the distinguished ranking tleman from New Mexico? the difference, giving the House an additional member of the subcommittee, Mr. DURBIN, There was no objection. $158 million. successfully added a package of reforms to Mr. SKEEN. Mr. Speaker, pursuant This conference agreement is essentially the rural housing programs which have been to the order of the House of today, I the same as the bill that passed the House on needed for quite some time. These reforms call up the conference report on the June 12. The additional money added in the are not only good for rural Americans in need bill (H.R. 3603) making appropriations conference has gone almost entirely for rural of housing but they are good for the taxpayer for Agriculture, Rural Development, development, research and education pro- as well. Food and Drug Administration, and grams all of which have high priority and long- Mr. Speaker, I thank you and your col- Related Agencies programs for the fis- term benefits. leagues for the opportunity to appear before cal year ending September 30, 1997, and I want to emphasize, Mr. Speaker, that this you here today. I believe this will be the first for other purposes. agreement is right on our required spending domestic conference report to clear the Con- The Clerk read the title of the bill. targets. Discretionary spending is at $12.96 gress. On behalf of the Agriculture Appropria- The SPEAKER pro tempore. Pursu- billion which is $350 million less than fiscal tions Subcommittee, I respectfully ask for the ant to the order of the House of today, year 1996. Mandatory spending is at $39.9 bil- support of all my colleagues in the House. the conference report is considered as lion which is $9.9 billion less than the current Vote ``yes'' on the conference report for H.R. having been read. year. Total spending in the bill is $52.8 billion 3603. H9716 CONGRESSIONAL RECORD — HOUSE August 1, 1996 August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9717 H9718 CONGRESSIONAL RECORD — HOUSE August 1, 1996 August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9719 H9720 CONGRESSIONAL RECORD — HOUSE August 1, 1996 August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9721 H9722 CONGRESSIONAL RECORD — HOUSE August 1, 1996 August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9723

Mr. SKEEN. Mr. Speaker, I reserve 1999±2002Ð$5 million each yearÐto fiscal colleague MARCY KAPTUR, to require farmers the balance of my time. year 1998 in order to make up for this year's actually to plant a crop to receive payments Mr. DURBIN. Mr. Speaker, I yield shortfall. This represented a step toward fulfill- under the new farm bill. This was a common- myself such time as I may consume. ing the promises made to barley producers sense provision, and it was revised to take Mr. Speaker, I would first like to sa- earlier this year. The conferees, however, de- into account disasters, conservation uses and lute the chairman of this committee, cided to eliminate this important and needed other sensible exceptions, but it is an impor- Mr. SKEEN, who has done an extraor- provision from the final conference report. tant affirmation of our intentions in the 1996 dinarily good job over the last 2 years This fix was needed to live up to the prom- farm bill. under very difficult circumstances. As ises made during the farm bill debate earlier I have particular praise for several items of I have said before, this is the most bi- this year. Barley producers were promised a importance to California agriculture and to my partisan subcommittee in the House. I transition payment of 46 cents per bushel district. think that that is the case because of under the production flexibility contracts. From First, funds have been included for an im- the leadership of Mr. SKEEN. I have en- November until April this estimate stood as the portant integrated pest management research joyed serving with him. It has been a payment barley producers expected from par- facility at the University of California at Davis. tough job for him and the entire staff. ticipation in the new program. Many made fi- Recent passage of the pesticides and food He has done an excellent job in prepar- nancial and planting plans based on this fig- safety bill after a long stalemate is a reflection ing this conference committee report. ure. that the use of agricultural pesticides and the We have responded to the need to re- Once the new farm bill was signed into law, effect on health are of the greatest concern to duce spending. We have done it. We however, barley producers discovered an error the American public. Minimizing the use of have done it in a way that will not im- had been made in estimating the payments. pesticides while continuing the crop yields that peril food and fiber production across Barley would now be eligible for a 32-cent Americans expect which, in turn, produce such America. It will cause some discom- payment, over a 30-percent decrease from the low cost food products must continue to be a fort, I am sure. The cutbacks will af- promised amount, and a much steeper de- priority. fect some people, but I think we have crease from the estimates promised to other It is imperative that we have the up-to-date done our job in a responsible way. commodities. Nationwide this decrease facilities to develop effective methods to deal Mr. Speaker, I yield 30 seconds to the amounts to over $20 million in lost income to with pests, especially in California. California gentleman from Ohio [Mr. TRAFICANT]. barley producers in 1997. has been the Nation's top agricultural pro- Mr. TRAFFICANT. Mr. Speaker, I The decision by the conferees to reject the ducer since 1948, and America depends upon commend the gentleman. We will be temporary fix adopted by the Senate only reaf- the wide variety of agricultural commodities missing him, certainly, in the next firms the unfair treatment of barley farmers, that are produced. Yet, in a State where a Congress but certainly hoping we will and should not stand. I will continue to search new pest is introduced every 60 days, we are still be able to deal with him. for a way to correct his error that will leave I would just like to put the commit- particularly susceptible to pest infestation. This many barley producers shortchanged under facility will support and accelerate research tee on notice to be concerned about the new farm bill. certain imports of products that are needed for environmentally compatible pest Mr. FAZIO of California. Mr. Speaker, I rise management strategies. damaging American farmers. Mexican in support of H.R. 3603, the Agriculture appro- Second, the bill includes mandatory funds tomatoes coming in here at $2 being priations bill for fiscal year 1997. for the Market Access Program [MAP]. dumped, when it costs $6 for Florida The appropriations process historically has Agriculture exports, projected to exceed $50 farmers to produce them, Australian been a process emphasizing bipartisanship, billion again this yearÐup from $43.5 billion beef coming down through Canada. We compromise, and camaraderie. No bill empha- for fiscal year 1994Ðare vital to the United are damaging and destroying many sizes those attributes more than this bill, and States. And there is probably no more impor- beef producers in our country. no team of Chair and ranking member puts tant tool for export promotion than MAP, espe- I would just like to place the com- those attributes on display better than the cially for California's specialty crop production. mittee on notice to take a look at team of JOE SKEEN and DICK DURBIN for the these issues. I believe that our agri- past 3 years. It has been a pleasure to be as- Third, the conference agreement has put culture policies are hurting many sociated with them and their bipartisan handi- the additional allocation to good use with re- farmers at this point and we need more work in this bill. gard to research and extension activities and oversight. H.R. 3603 is not a perfect bill. The discre- support for our land-grant institutions. Agricul- Mr. POMEROY. Mr. Speaker, I rise to speak tionary spending in this bill is $350 million tural research will take on even greater impor- on the conference report for the fiscal year below fiscal year 1996 and $1.1 billion less tance in the years to come as farmers make 1997 Agriculture Appropriations Act. In general than President Clinton requested. the transition to a full market-oriented farm this conference report represents a vast im- We really have to ask ourselves how long economy envisioned by the 1996 farm bill. provement from the bill that passed the House we expect to continue this trend and believe it In that light, it is important that we sustain earlier this year. Among the most important somehow has no impact. Over a number of and hopefully increase our commitment to re- improvements from the point-of-view of North years, we have cut back our trade promotion search through the agricultural research sta- Dakota was the elimination of the sugar price efforts, our commitment to rural development, tions of the Agricultural Research Service, cap included in the House passed bill. This and our agricultural research and extension thought the formula funding for our land-grant important improvement is a validation of the 7- activities. The impact is being felt by our farm- institutions, and through the special grants and year commitment to sugar producers made by ers, our rural communities, and our land-grant competitive grants in the Cooperative State Congress when it passed the new farm bill institutions. In addition, USDA is feeling the Research Education and Extension Service. this spring. The conferees also restored $2 squeeze as it provides services to our farmers Only through such investments can we main- million in funding for State Agriculture Medi- and farm communities, and as it carries out its tain the U.S. lead in agriculture and enable it ation Grant program which aids farmers in set- important missions of animal and plant inspec- to continue its significant and positive impact tling debt disputes. Finally the conferees tion and food safety. on our economy. agreed to increase funding for the grain in- These are worrisome long-term trends that I In summary, this is a good bill given our spection, packer and stockyards administration hope will be addressed in the years to come, budgetary circumstances and given the many so it can implement recommendations from but JOE SKEEN and DICK DURBIN have done a needs and many issues within the committee's the recent Commission on Concentration in good job with this conference report under de- jurisdiction. I commend Chairman JOE SKEEN Agriculture. These are important victories for manding circumstances. and ranking member DICK DURBIN for their ef- North Dakota producers and for farm families Fortunately, cooler heads in the leadership forts in support of American agriculture, and I nationwide. prevailed, and we were able to achieve a urge my colleagues to support the conference I am quite disappointed, however, by the more generous final allocation that increased report on H.R. 3603, the Agriculture appropria- conferees' decision to leave out a remedy for the House bill by $158 million. The majority of tions bill for fiscal year 1997. our Nation's barley producers which was in- this money was allocated to unmet needs of Mr. WALSH. Mr. Speaker, I rise in support cluded during Senate consideration of the bill. our rural communitiesÐboth rural housing of H.R. 3603 and its accompanying con- The Senate, during debate on the fiscal year loans, and water and sewer loans. ference report that provides funding for Agri- 1997 appropriations bill, included language to I was also pleased that the conferees in- culture, Rural Development, Food and Drug move $20 million from payments in the years cluded a House provisions, authored by our Administration and related agencies programs H9724 CONGRESSIONAL RECORD — HOUSE August 1, 1996 for fiscal year 1997. I want to commend sub- ture of resource-dependent communities in The vote was taken by electronic de- committee chairman SKEEN and ranking mem- northern New England and New York. This bill vice, and there were—yeas 397, nays 22, ber Mr. DURBIN for their leadership and fine represents a carefully, crafted compromise not voting 14, as follows: work in crafting this difficult bill. I also would based on the recommendations of the north- [Roll No. 386] like to thank the subcommittee staff for their ern forest land council. Foresters, conserva- YEAS—397 diligence and for the long hours they spent tionists, and recreationists have worked to- Abercrombie Diaz-Balart Inglis putting together this bill. gether to develop a plan of action that protects Ackerman Dickey Jackson (IL) This bill provides $53.3 billion for Agricul- the scenic and wildlife resources of the region Allard Dicks Jackson-Lee tural appropriations. This represents a reduc- while preserving the economic timber base of Andrews Dingell (TX) Archer Dixon Jefferson tion of $10.3 billion from last year's level. Dis- the region and without infringing on the rights Armey Doggett Johnson (CT) cretionary spending in our bill has been re- of landowners. We must protect and enhance Bachus Dooley Johnson (SD) duced by $350 million, forcing our subcommit- the forest health, forest economies and com- Baesler Doolittle Johnson, E. B. Baker (CA) Dornan Johnson, Sam tee to make some difficult choices. We have munity development of these northern forests Baker (LA) Doyle Jones had to consolidate and reduce spending on a for current and future generations. I strongly Baldacci Dreier Kanjorski number of rural development and rural hous- support this consensus approach to preserving Ballenger Duncan Kaptur ing programs and spending in this bill is still our treasured natural resources. Barcia Dunn Kasich Barr Durbin Kelly woefully inadequate to meet the needs of The decision by the Agriculture Appropria- Barrett (NE) Edwards Kennedy (MA) those rural communities seeking water and tion Subcommittee conferees to not include Barrett (WI) Ehlers Kennedy (RI) sewer loans. riders, or potentially controversial authorization Bartlett Ehrlich Kennelly Fortunately, there are many positive areas Barton English Kildee language on our bill, led our subcommittee to Bass Ensign Kim in this bill that deserve special recognition. For reluctantly drop the Northern Forest Steward- Bateman Evans King one, we were finally successful in reforming ship Act from the conference report. Neverthe- Becerra Everett Kingston the section 515 low-income housing program. less, I plan on continuing to work closely with Beilenson Ewing Kleczka Bentsen Farr Klink This multifamily rural rental housing program my northeastern colleagues to find a way that Bereuter Fattah Klug assists elderly, disabled and low-income work- expedites passage of the Northern Forest Berman Fawell Knollenberg ing families in securing affordable housing. In Stewardship Act in this Congress. Bevill Fazio Kolbe this bill we have extended the section 515 pro- Bilbray Fields (LA) LaFalce In spite of my reservations on a few specific Bilirakis Fields (TX) LaHood gram for another year and have permitted provisions in the bill I believe that the bill over- Bishop Flake Lantos funding to be used for construction of new af- all is a good one. We have done the best we Bliley Flanagan Largent fordable housing units. This program has been can with the resources available to us and I Blumenauer Foglietta Latham Blute Foley LaTourette in need of reform for years and I am hopeful urge Members to support this bill and yield Boehlert Forbes Laughlin that these overdue changes will enable us to back the balance of my time. Boehner Fowler Lazio operate this program more efficiently so that Mr. DURBIN. Mr. Speaker, I yield Bonilla Fox Leach we will be able to provide increased funding to back the balance of my time. Bonior Frank (MA) Levin Bono Franks (CT) Lewis (CA) the program in future years. Mr. SKEEN. Mr. Speaker, I want to Borski Franks (NJ) Lewis (GA) In this bill we have also significantly in- express my appreciation for the re- Boucher Frelinghuysen Lewis (KY) creased spending on nutrition and feeding pro- marks that were made by the ranking Brewster Frisa Lightfoot grams. We have provided $8.7 billion for child Browder Frost Lincoln member and say that he set a good ex- Brown (CA) Funderburk Linder nutrition programs such as the school lunch ample for me and we followed through Brown (FL) Furse Lipinski and school breakfast programs and $27.6 bil- on exactly that kind of demeanor. I, Brown (OH) Gallegly Livingston lion for food stamps. The important WIC pro- too, want to say to him that he has Bryant (TN) Gejdenson Lofgren Bryant (TX) Gekas Longley gram is funded at last year's level of $3.73 bil- been a delight to work with and is cer- Bunn Gephardt Lowey lion. With the large carryover balances in the tainly a great gentleman in this body Bunning Geren Lucas WIC account, we are within reach of full fund- and we will see what happens after the Burr Gibbons Luther ing for WIC, a goal that I believe its shared by Burton Gilchrest Maloney election. Buyer Gillmor Manton all Members of Congress. Mr. Speaker, I have no further re- Callahan Gilman Manzullo We have also provided the administration's quests for time, and I yield back the Calvert Gonzalez Markey full request of $574 million for the Food Safety balance of my time. Camp Goodlatte Martinez and Inspection Service. Ensuring the safety of Campbell Goodling Martini The SPEAKER pro tempore. Without Canady Gordon Mascara our Nation's food supply is one of the highest objection, the previous question is or- Cardin Goss Matsui priorities in this bill. We are committed to pro- dered on the conference report. Castle Graham McCarthy viding the Food Safety and Inspection Service There was no objection. Chabot Greene (UT) McCollum Chambliss Greenwood McCrery with the needed funding required to maintain The SPEAKER pro tempore. The Christensen Gunderson McDermott the current inspection system while providing question is on the conference report. Chrysler Gutierrez McHale the needed investments required to implement Pursuant to clause 7 of rule XV, the Clay Gutknecht McHugh the new hazard analysis and critical control Clayton Hall (OH) McInnis yeas and nays are ordered. Clement Hall (TX) McIntosh point [HACCP] meat and poultry inspection Pursuant to clause 5 of rule I, further Clinger Hamilton McKeon system. proceedings on the conference report Clyburn Hancock McKinney This bill also provides critical resources to will be postponed until after the vote Coburn Hansen McNulty Collins (GA) Harman Meehan the Natural Resources Conversation Service on the legislative branch appropria- Collins (IL) Hastert Meek that will enable them to provide planning and tions conference report. Collins (MI) Hastings (FL) Menendez technical assistance for watershed projects f Combest Hastings (WA) Metcalf and to help farmers implement conservation Condit Hayes Meyers Costello Hayworth Mica compliance plans on highly erodible lands. We CONFERENCE REPORT ON H.R. 3754, LEGISLATIVE BRANCH APPRO- Cox Hefley Millender- need to do a better job in controlling soil ero- Coyne Hefner McDonald sion and protecting environmentally sensitive PRIATIONS ACT, 1997 Cramer Heineman Miller (FL) The SPEAKER pro tempore. The Crane Herger Minge crop lands. We do that in our bill by providing Crapo Hilleary Mink strong funding levels for conservation oper- pending business is the question of Cremeans Hilliard Moakley ations, the conservation reserve program, the agreeing to the conference report on Cubin Hinchey Molinari wetlands reserve program and the newly cre- the bill, H.R. 3754. Cummings Hobson Mollohan Cunningham Hoekstra Montgomery ated environmental quality incentives program The Clerk read the title of the bill. Danner Hoke Moorhead [EQUIP]. The SPEAKER pro tempore. The Davis Holden Moran One of my major regrets in this bill is the question is on the conference report. de la Garza Horn Morella failure to include the Northern Forest Steward- Pursuant to the provisions of clause 7 Deal Hostettler Myers DeFazio Houghton Myrick ship Act in the agriculture appropriations con- of rule XV, the yeas and nays are or- DeLauro Hoyer Neal ference report. The Northern Forest Steward- dered. DeLay Hunter Nethercutt ship Act is bipartisan legislation that positively The Chair will reduce to 5 minutes Dellums Hutchinson Neumann balances the environmental and economic fu- the time for the next electronic vote. Deutsch Hyde Ney August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9725 Norwood Roth Tauzin The Clerk read the title of the bill. Metcalf Quillen Stokes Nussle Roukema Taylor (MS) Meyers Quinn Studds Oberstar Roybal-Allard Taylor (NC) The SPEAKER pro tempore. The Mica Radanovich Stump Obey Royce Tejeda question is on the conference report. Millender- Rahall Stupak Olver Rush Thomas Pursuant to the provisions of clause McDonald Ramstad Talent Ortiz Sabo Thompson Minge Rangel Tanner Orton Salmon Thornberry 7, rule XV, the yeas and nays are or- Mink Reed Tate Owens Sanders Thornton dered. Moakley Regula Tauzin Oxley Sawyer Thurman This will be a 5-minute vote. Molinari Richardson Taylor (MS) Packard Saxton Tiahrt Mollohan Rivers Taylor (NC) Pallone Schaefer Torkildsen The vote was taken by electronic de- Montgomery Roberts Tejeda Parker Schiff Torres vice, and there were—yeas 379, nays 42, Moorhead Roemer Thomas Pastor Schumer Torricelli not voting 12, as follows: Moran Rogers Thompson Paxon Scott Traficant Morella Ros-Lehtinen Thornberry Payne (NJ) Seastrand Upton [Roll No. 387] Myers Rose Thornton Payne (VA) Serrano Velazquez YEAS—379 Myrick Roth Thurman Pelosi Shadegg Vento Neal Sabo Tiahrt Peterson (MN) Shaw Visclosky Abercrombie Cunningham Herger Nethercutt Sanders Torres Petri Shays Volkmer Ackerman Danner Hilleary Neumann Sawyer Torricelli Pickett Shuster Vucanovich Allard Davis Hilliard Ney Saxton Traficant Pombo Sisisky Walker Archer de la Garza Hinchey Norwood Schaefer Upton Pomeroy Skaggs Walsh Armey Deal Hobson Nussle Schiff Velazquez Porter Skeen Wamp Bachus DeFazio Hoekstra Oberstar Schroeder Vento Portman Skelton Ward Baesler DeLauro Holden Obey Scott Visclosky Poshard Slaughter Watt (NC) Baker (CA) DeLay Horn Olver Seastrand Vucanovich Pryce Smith (MI) Watts (OK) Baker (LA) Deutsch Hostettler Ortiz Serrano Walker Quillen Smith (NJ) Waxman Baldacci Diaz-Balart Houghton Orton Shadegg Walsh Quinn Smith (TX) Weldon (FL) Ballenger Dickey Hoyer Oxley Shaw Wamp Radanovich Smith (WA) Weldon (PA) Barcia Dicks Hunter Packard Shays Ward Rahall Solomon Weller Barr Dingell Hutchinson Pallone Shuster Watt (NC) Ramstad Souder White Barrett (NE) Dixon Hyde Parker Sisisky Watts (OK) Rangel Spence Whitfield Barrett (WI) Dooley Inglis Pastor Skaggs Waxman Reed Spratt Wicker Bartlett Doolittle Istook Paxon Skeen Weldon (FL) Regula Stark Williams Barton Dornan Jackson (IL) Payne (VA) Skelton Weldon (PA) Richardson Stenholm Wise Bateman Doyle Jackson-Lee Pelosi Slaughter Weller Rivers Stokes Wolf Becerra Dreier (TX) Peterson (MN) Smith (MI) White Roberts Studds Woolsey Beilenson Duncan Jefferson Petri Smith (NJ) Whitfield Rogers Stupak Wynn Bentsen Dunn Johnson (CT) Pickett Smith (TX) Wicker Rohrabacher Talent Yates Bereuter Durbin Johnson (SD) Pombo Smith (WA) Wise Ros-Lehtinen Tanner Zeliff Berman Edwards Johnson, E.B. Pomeroy Solomon Wolf Rose Tate Zimmer Bevill Ehlers Johnson, Sam Porter Souder Woolsey Bilbray Ehrlich Jones Portman Spence Wynn NAYS—22 Bilirakis English Kanjorski Poshard Spratt Young (AK) Chenoweth Green (TX) Scarborough Bishop Ensign Kaptur Pryce Stenholm Zeliff Coble Jacobs Schroeder Bliley Evans Kasich Coleman Johnston Sensenbrenner Blumenauer Everett Kelly NAYS—42 Conyers LoBiondo Stearns Blute Ewing Kennedy (MA) Andrews Johnston Rush Cooley Miller (CA) Stockman Boehlert Farr Kennedy (RI) Bass LoBiondo Salmon Eshoo Nadler Stump Boehner Fawell Kennelly Chabot Lofgren Sanford Filner Roemer Bonilla Fazio Kildee Conyers Meehan Scarborough Ganske Sanford Bonior Fields (LA) Kim Dellums Menendez Schumer Bono Fields (TX) King Doggett Miller (CA) Sensenbrenner NOT VOTING—14 Borski Filner Kingston Eshoo Miller (FL) Stark Boucher Flake Kleczka Brownback McDade Waters Fattah Nadler Stearns Brewster Flanagan Klink Chapman Murtha Wilson Foglietta Owens Stockman Browder Foley Klug Engel Peterson (FL) Young (AK) Frank (MA) Payne (NJ) Torkildsen Brown (CA) Forbes Knollenberg Ford Riggs Young (FL) Franks (NJ) Rohrabacher Volkmer Brown (FL) Fowler Kolbe Istook Towns Frelinghuysen Roukema Williams Brown (OH) Fox LaFalce Hoke Roybal-Allard Yates b 1102 Bryant (TN) Franks (CT) LaHood Jacobs Royce Zimmer Bryant (TX) Frisa Lantos Mrs. SCHROEDER, Ms. ESCHOO, and Bunn Frost Largent NOT VOTING—12 Bunning Funderburk Latham Messrs. SCARBOROUGH, GANSKE, Brownback McDade Towns Burr Furse LaTourette and NADLER changed their vote from Chapman Murtha Waters Burton Gallegly Laughlin Engel Peterson (FL) Wilson ‘‘yea’’ to ‘‘nay.’’ Buyer Ganske Lazio Ford Riggs Young (FL) Ms. FURSE changed her vote from Callahan Gejdenson Leach ‘‘nay’’ to ‘‘yea.’’ Calvert Gekas Levin b 1112 So the conference report was agreed Camp Gephardt Lewis (CA) Campbell Geren Lewis (GA) So the conference report was agreed to. Canady Gibbons Lewis (KY) to. The result of the vote was announced Cardin Gilchrest Lightfoot The result of the vote was announced as above recorded. Castle Gillmor Lincoln Chambliss Gilman Linder as above recorded. A motion to reconsider was laid on Chenoweth Gonzalez Lipinski A motion to reconsider was laid on the table. Christensen Goodlatte Livingston the table. f Chrysler Goodling Longley Clay Gordon Lowey House Resolution 496 was laid on the PERSONAL EXPLANATION Clayton Goss Lucas table. Clement Graham Luther Mr. RIGGS. Mr. Speaker, on rollcall No. Clinger Green (TX) Maloney f Clyburn Greene (UT) Manton 387, I was unable to be present due to per- PERSONAL EXPLANATION sonal business. Had I been present, I would Coble Greenwood Manzullo Coburn Gunderson Markey Mr. RIGGS. Mr. Speaker, on rollcall No. have voted ``yea.'' Coleman Gutierrez Martinez f Collins (GA) Gutknecht Martini 386, I was unable to be present due to per- Collins (IL) Hall (OH) Mascara sonal business. Had I been present, I would CONFERENCE REPORT ON H.R. 3603, Collins (MI) Hall (TX) Matsui have voted ``yea.'' AGRICULTURE, RURAL DEVELOP- Combest Hamilton McCarthy Condit Hancock McCollum f MENT, FOOD AND DRUG ADMIN- Cooley Hansen McCrery ISTRATION, AND RELATED Costello Harman McDermott PROVIDING FOR CONSIDERATION AGENCIES APPROPRIATIONS Cox Hastert McHale OF H.R. 123, ENGLISH LANGUAGE ACT, 1997 Coyne Hastings (FL) McHugh EMPOWERMENT ACT OF 1996 Cramer Hastings (WA) McInnis The SPEAKER pro tempore (Mr. Crane Hayes McIntosh Mr. LINDER. Mr. Speaker, by direc- LAHOOD). The pending business is the Crapo Hayworth McKeon tion of the Committee on Rules, I call Cremeans Hefley McKinney question of agreeing to the conference Cubin Hefner McNulty up House Resolution 499 and ask for its report on the bill, H.R. 3603. Cummings Heineman Meek immediate consideration. H9726 CONGRESSIONAL RECORD — HOUSE August 1, 1996 The Clerk read the resolution, as fol- may consume. During consideration of and speak English. It is a modest bill lows: this resolution, all time yielded is for which does not restrict, in any way, H. RES. 499 the purposes of debate only. the use of foreign languages in homes, Resolved, That at any time after the adop- (Mr. LINDER asked and was given neighborhoods, churches, or private tion of this resolution the Speaker may, pur- permission to revise and extend his re- businesses. suant to clause 1(b) of rule XXIII, declare the marks and include extraneous mate- The argument will be made that this House resolved into the Committee of the rial.) bill will result in cost savings to the Whole House on the state of the Union for Mr. LINDER. Mr. Speaker, House American taxpayer as a result of the consideration of the bill (H.R. 123) to amend Resolution 499 is a modified closed rule title 4, United States Code, to declare Eng- termination of documents and services lish as the official language of the Govern- providing for consideration of H.R. 123, currently provided in different lan- ment of the United States. The first reading the English Language Empowerment guages. I agree that it is unrealistic of the bill shall be dispensed with. Points of Act of 1996. House Resolution 499 that the Government should accommo- order against consideration of the bill for waives points of order against consider- date the printing of government mate- failure to comply with clause 2(l)(6) of rule ation of the bill for failure to comply rials in countless languages, and some XI are waived. General debate shall be con- with clause 2(l)(6) of rule XI, regarding cost savings will be achieved. This defined to the bill and shall not exceed one 3 day availability of committee re- bate, however, is about more than sim- hour equally divided and controlled by the chairman and ranking minority member of ports. The rule provides for 1 hour of ply the cost in dollars. For the past the Committee on Economic and Edu- debate equally divided between the three decades we have come to realize cational Opportunities. After general debate chairman and ranking minority mem- that well-meaning programs intended the bill shall be considered for amendment ber of the Committee on Economic and to help have actually evolved into pro- under the five-minute rule. In lieu of the Educational Opportunities. grams that hinder the advancement of amendment recommended by the Committee The rule further makes in order, for our citizens. In this case, costly bilin- on Economic and Educational Opportunities the purpose of amendment, an amend- gual policies have acted as a disincen- now printed in the bill, it shall be in order to ment in the nature of a substitute con- tive to some immigrants who have consider as an original bill for the purpose of sisting of the text of H.R. 3898. The rule amendment under the five-minute rule an been encouraged to use their native amendment in the nature of a substitute waives points of order against the languages rather than learn English. consisting of the text of H.R. 3898. That amendment in the nature of a sub- The problem again is not that the amendment in the nature of a substitute stitute for failure to comply with Government has done too little—it is shall be considered as read. Points of order clause 7 of rule 16, relating to germane- that the Government is doing too against that amendment in the nature of a ness. much. In this case, the Government’s substitute for failure to comply with clause The rule also provides for the consid- actions are inhibiting the social and 7 of rule XVI are waived. No other amend- eration of the amendments printed in economic advancement of new immi- ment shall be in order except those printed the Rules Committee report on the rule in the report of the Committee on Rules ac- grants. companying this resolution. Each amend- only in the order specified; if offered by Throughout this Nation’s history, we ment may be considered only in the order the Member designated in the report; have opened our ports to immigrants specified, may be offered only by a Member debatable for the time specified in the from countries across the globe, and designated in the report, shall be considered report, equally divided and controlled each generation of immigrants has un- as read, shall be debatable for the time speci- by the proponent and an opponent; and derstood the importance of learning to fied in the report equally divided and con- which shall not be subject to amend- communicate in English. New immi- trolled by the proponent and an opponent, ment or a division of the question in grants continue to understand that the shall not be subject to amendment except as the House or the Committee of the knowledge of a common language will specified in the report, and shall not be subject to a demand for division of the question Whole. propel them along the road to prosper- in the House or in the Committee of the House Resolution 499 waives all ity and will unite all immigrants with Whole. All points of order against amend- points of order against the amend- a common bond as Americans. ments printed in the report are waived. The ments printed in the report. The rule Unfortunately, this Government is Chairman of the Committee of the Whole also authorizes the Chair to postpone impeding their integration into Amer- may: (1) postpone until a time during further and cluster votes on amendments. ican society. This legislation will fa- consideration in the Committee of the Whole Finally, the resolution provides for a cilitate the opportunities for non-Eng- a request for a recorded vote on any amend- motion to recommit with or without lish speaking persons in this country, ment; and (2) reduce to five minutes the min- instructions as is the right of the mi- imum time for electronic voting on any post- and I disagree with the argument that poned question that follows another elec- nority. this bill would isolate them from soci- tronic vote without intervening business, The rule for this bill is a fair one. ety. provided that the minimum time for elec- House Resolution 499 allows for an hour It is the failure to promote English tronic voting on the first in any series of of debate on a minority substitute, and as our common and unifying language questions shall be fifteen minutes. At the specified time for a number of amend- that has hindered some Americans conclusion of consideration of the bill for ments which give those in opposition from building a solid future for their amendment the Committee shall rise and re- the opportunity to refine the bill. I be- families and gaining access to the port the bill to the House with such amend- lieve the Rules Committee has been ex- American dream. ments as may have been adopted. Any Mem- ber may demand a separate vote in the traordinarily fair and prudent in that During a meeting with a group of House on any amendment adopted in the minority amendments outnumber ma- businessmen I asked a gentleman who Committee of the Whole to the bill or to the jority amendments by a count of 4 to 1. had immigrated to the United States amendment in the nature of a substitute Mr. Speaker, the English Language why his community has achieved such made in order as original text. The previous Empowerment Act of 1996 is designed great educational and professional ac- question shall be considered as ordered on to empower a new generation of immi- complishments in this country, and he the bill and amendments thereto to final grants. This bill declares that English proudly responded that there were two passage without intervening motion except is the official language of the Federal reasons for this success in the United one motion to recommit with or without in- Government, mandates that the Fed- structions. States—intact families and the adop- eral Government conduct its business tion of the English language. b 1115 in English, eliminates the Federal bi- It is becoming painfully clear that The SPEAKER pro tempore (Mr. lingual ballot requirement, and re- those who have not adopted the Eng- NETHERCUTT). The gentleman from quires officials to conduct naturaliza- lish language have had a much more Georgia [Mr. LINDER] is recognized for tion ceremonies in English. difficult time achieving success in our 1 hour. This bill assures that we have a uni- schools, in our businesses, and in our Mr. LINDER. Mr. Speaker, for the form government policy that does not society. For those who use English, we purposes of debate only, I yield the cus- undercut incentives to learn English have seen a great rise in achievement. tomary 30 minutes to the gentleman and is consistent with established im- Mr. Speaker, this is an equitable rule from California [Mr. BEILENSON], pend- migration policy that new citizens that permits opponents of the bill the ing which I yield myself such time as I demonstrate an ability to read, write, opportunity to alter extensively the August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9727 original bill. I urge my colleagues to believe will help to open the door to Mr. Speaker, I include the following support the rule so that we may pro- the American dream to more of our fol- material from the Committee on Rules ceed with consideration of a bill that I low Americans. for the RECORD: THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of July 31, 1996]

103d Congress 104th Congress Rule type Number of rules Percent of total Number of rules Percent of total

Open/Modified-Open 2 ...... 46 44 81 59 Structured/Modified Closed 3 ...... 49 47 39 28 Closed 4 ...... 9 9 17 13 Total ...... 104 100 137 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A structured or modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of July 31, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–199; A: 227–197 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps ...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95). H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95). H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95). H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95). H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95). H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps ...... PQ: 236–194 A: 234–192 (6/29/95). H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95). H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95). H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95). H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95). H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95). H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95). H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95). H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95). H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95). H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... A: voice vote (8/1/95). H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95). H. Res. 207 (8/1/95) ...... MC ...... H.R. 1555 ...... Communications Act of 1995 ...... A: 255–156 (8/2/95). H. Res. 208 (8/1/95) ...... O ...... H.R. 2127 ...... Labor, HHS Approps. FY 1996 ...... A: 323–104 (8/2/95). H. Res. 215 (9/7/95) ...... O ...... H.R. 1594 ...... Economically Targeted Investments ...... A: voice vote (9/12/95). H. Res. 216 (9/7/95) ...... MO ...... H.R. 1655 ...... Intelligence Authorization FY 1996 ...... A: voice vote (9/12/95). H. Res. 218 (9/12/95) ...... O ...... H.R. 1162 ...... Deficit Reduction Lockbox ...... A: voice vote (9/13/95). H. Res. 219 (9/12/95) ...... O ...... H.R. 1670 ...... Federal Acquisition Reform Act ...... A: 414–0 (9/13/95). H. Res. 222 (9/18/95) ...... O ...... H.R. 1617 ...... CAREERS Act ...... A: 388–2 (9/19/95). H. Res. 224 (9/19/95) ...... O ...... H.R. 2274 ...... Natl. Highway System ...... PQ: 241–173 A: 375–39–1 (9/20/95). H. Res. 225 (9/19/95) ...... MC ...... H.R. 927 ...... Cuban Liberty & Dem. Solidarity ...... A: 304–118 (9/20/95). H. Res. 226 (9/21/95) ...... O ...... H.R. 743 ...... Team Act ...... A: 344–66–1 (9/27/95). H. Res. 227 (9/21/95) ...... O ...... H.R. 1170 ...... 3-Judge Court ...... A: voice vote (9/28/95). H. Res. 228 (9/21/95) ...... O ...... H.R. 1601 ...... Internatl. Space Station ...... A: voice vote (9/27/95). H. Res. 230 (9/27/95) ...... C ...... H.J. Res. 108 ...... Continuing Resolution FY 1996 ...... A: voice vote (9/28/95). H. Res. 234 (9/29/95) ...... O ...... H.R. 2405 ...... Omnibus Science Auth ...... A: voice vote (10/11/95). H. Res. 237 (10/17/95) ...... MC ...... H.R. 2259 ...... Disapprove Sentencing Guidelines ...... A: voice vote (10/18/95). H. Res. 238 (10/18/95) ...... MC ...... H.R. 2425 ...... Medicare Preservation Act ...... PQ: 231–194 A: 227–192 (10/19/95). H. Res. 239 (10/19/95) ...... C ...... H.R. 2492 ...... Leg. Branch Approps ...... PQ: 235–184 A: voice vote (10/31/95). H. Res. 245 (10/25/95) ...... MC ...... H. Con. Res. 109 ...... Social Security Earnings Reform ...... PQ: 228–191 A: 235–185 (10/26/95). H.R. 2491 ...... Seven-Year Balanced Budget ...... H. Res. 251 (10/31/95) ...... C ...... H.R. 1833 ...... Partial Birth Abortion Ban ...... A: 237–190 (11/1/95). H. Res. 252 (10/31/95) ...... MO ...... H.R. 2546 ...... D.C. Approps...... A: 241–181 (11/1/95). H. Res. 257 (11/7/95) ...... C ...... H.J. Res. 115 ...... Cont. Res. FY 1996 ...... A: 216–210 (11/8/95). H. Res. 258 (11/8/95) ...... MC ...... H.R. 2586 ...... Debt Limit ...... A: 220–200 (11/10/95). H9728 CONGRESSIONAL RECORD — HOUSE August 1, 1996 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of July 31, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 259 (11/9/95) ...... O ...... H.R. 2539 ...... ICC Termination Act ...... A: voice vote (11/14/95). H. Res. 262 (11/9/95) ...... C ...... H.R. 2586 ...... Increase Debt Limit ...... A: 220–185 (11/10/95). H. Res. 269 (11/15/95) ...... O ...... H.R. 2564 ...... Lobbying Reform ...... A: voice vote (11/16/95). H. Res. 270 (11/15/95) ...... C ...... H.J. Res. 122 ...... Further Cont. Resolution ...... A: 249–176 (11/15/95). H. Res. 273 (11/16/95) ...... MC ...... H.R. 2606 ...... Prohibition on Funds for Bosnia ...... A: 239–181 (11/17/95). H. Res. 284 (11/29/95) ...... O ...... H.R. 1788 ...... Amtrak Reform ...... A: voice vote (11/30/95). H. Res. 287 (11/30/95) ...... O ...... H.R. 1350 ...... Maritime Security Act ...... A: voice vote (12/6/95). H. Res. 293 (12/7/95) ...... C ...... H.R. 2621 ...... Protect Federal Trust Funds ...... PQ: 223–183 A: 228–184 (12/14/95). H. Res. 303 (12/13/95) ...... O ...... H.R. 1745 ...... Utah Public Lands ...... PQ: 221–197 A: voice vote (5/15/96). H. Res. 309 (12/18/95) ...... C ...... H. Con. Res. 122 ...... Budget Res. W/President ...... PQ: 230–188 A: 229–189 (12/19/95). H. Res. 313 (12/19/95) ...... O ...... H.R. 558 ...... Texas Low-Level Radioactive ...... A: voice vote (12/20/95). H. Res. 323 (12/21/95) ...... C ...... H.R. 2677 ...... Natl. Parks & Wildlife Refuge ...... Tabled (2/28/96). H. Res. 366 (2/27/96) ...... MC ...... H.R. 2854 ...... Farm Bill ...... PQ: 228–182 A: 244–168 (2/28/96). H. Res. 368 (2/28/96) ...... O ...... H.R. 994 ...... Small Business Growth ...... Tabled (4/17/96). H. Res. 371 (3/6/96) ...... C ...... H.R. 3021 ...... Debt Limit Increase ...... A: voice vote (3/7/96). H. Res. 372 (3/6/96) ...... MC ...... H.R. 3019 ...... Cont. Approps. FY 1996 ...... PQ: voice vote A: 235–175 (3/7/96). H. Res. 380 (3/12/96) ...... C ...... H.R. 2703 ...... Effective Death Penalty ...... A: 251–157 (3/13/96). H. Res. 384 (3/14/96) ...... MC ...... H.R. 2202 ...... Immigration ...... PQ: 233–152 A: voice vote (3/19/96). H. Res. 386 (3/20/96) ...... C ...... H.J. Res. 165 ...... Further Cont. Approps ...... PQ: 234–187 A: 237–183 (3/21/96). H. Res. 388 (3/21/96) ...... C ...... H.R. 125 ...... Gun Crime Enforcement ...... A: 244–166 (3/22/96). H. Res. 391 (3/27/96) ...... C ...... H.R. 3136 ...... Contract w/America Advancement ...... PQ: 232–180 A: 232–177, (3/28/96). H. Res. 392 (3/27/96) ...... MC ...... H.R. 3103 ...... Health Coverage Affordability ...... PQ: 229–186 A: Voice Vote (3/29/96). H. Res. 395 (3/29/96) ...... MC ...... H.J. Res. 159 ...... Tax Limitation Const. Amdmt...... PQ: 232–168 A: 234–162 (4/15/96). H. Res. 396 (3/29/96) ...... O ...... H.R. 842 ...... Truth in Budgeting Act ...... A: voice vote (4/17/96). H. Res. 409 (4/23/96) ...... O ...... H.R. 2715 ...... Paperwork Elimination Act ...... A: voice vote (4/24/96). H. Res. 410 (4/23/96) ...... O ...... H.R. 1675 ...... Natl. Wildlife Refuge ...... A: voice vote (4/24/96). H. Res. 411 (4/23/96) ...... C ...... H.J. Res. 175 ...... Further Cont. Approps. FY 1996 ...... A: voice vote (4/24/96). H. Res. 418 (4/30/96) ...... O ...... H.R. 2641 ...... U.S. Marshals Service ...... PQ: 219–203 A: voice vote (5/1/96). H. Res. 419 (4/30/96) ...... O ...... H.R. 2149 ...... Ocean Shipping Reform ...... A: 422–0 (5/1/96). H. Res. 421 (5/2/96) ...... O ...... H.R. 2974 ...... Crimes Against Children & Elderly ...... A: voice vote (5/7/96). H. Res. 422 (5/2/96) ...... O ...... H.R. 3120 ...... Witness & Jury Tampering ...... A: voice vote (5/7/96). H. Res. 426 (5/7/96) ...... O ...... H.R. 2406 ...... U.S. Housing Act of 1996 ...... PQ: 218–208 A: voice vote (5/8/96). H. Res. 427 (5/7/96) ...... O ...... H.R. 3322 ...... Omnibus Civilian Science Auth ...... A: voice vote (5/9/96). H. Res. 428 (5/7/96) ...... MC ...... H.R. 3286 ...... Adoption Promotion & Stability ...... A: voice vote (5/9/96). H. Res. 430 (5/9/96) ...... S ...... H.R. 3230 ...... DoD Auth. FY 1997 ...... A: 235–149 (5/10/96). H. Res. 435 (5/15/96) ...... MC ...... H. Con. Res. 178 ...... Con. Res. on the Budget, 1997 ...... PQ: 227–196 A: voice vote (5/16/96). H. Res. 436 (5/16/96) ...... C ...... H.R. 3415 ...... Repeal 4.3 cent fuel tax ...... PQ: 221–181 A: voice vote (5/21/96). H. Res. 437 (5/16/96) ...... MO ...... H.R. 3259 ...... Intell. Auth. FY 1997 ...... A: voice vote (5/21/96). H. Res. 438 (5/16/96) ...... MC ...... H.R. 3144 ...... Defend America Act ...... H. Res. 440 (5/21/96) ...... MC ...... H.R. 3448 ...... Small Bus. Job Protection ...... A: 219–211 (5/22/96). MC ...... H.R. 1227 ...... Employee Commuting Flexibility ...... H. Res. 442 (5/29/96) ...... O ...... H.R. 3517 ...... Mil. Const. Approps. FY 1997 ...... A: voice vote (5/30/96). H. Res. 445 (5/30/96) ...... O ...... H.R. 3540 ...... For. Ops. Approps. FY 1997 ...... A: voice vote (6/5/96). H. Res. 446 (6/5/96) ...... MC ...... H.R. 3562 ...... WI Works Waiver Approval ...... A: 363–59 (6/6/96). H. Res. 448 (6/6/96) ...... MC ...... H.R. 2754 ...... Shipbuilding Trade Agreement ...... A: voice vote (6/12/96). H. Res. 451 (6/10/96) ...... O ...... H.R. 3603 ...... Agriculture Appropriations, FY 1997 ...... A: voice vote (6/11/96). H. Res. 453 (6/12/96) ...... O ...... H.R. 3610 ...... Defense Appropriations, FY 1997 ...... A: voice vote (6/13/96). H. Res. 455 (6/18/96) ...... O ...... H.R. 3662 ...... Interior Approps, FY 1997 ...... A: voice vote (6/19/96). H. Res. 456 (6/19/96) ...... O ...... H.R. 3666 ...... VA/HUD Approps ...... A: 246–166 (6/25/96). H. Res. 460 (6/25/96) ...... O ...... H.R. 3675 ...... Transportation Approps ...... A: voice vote (6/26/96). H. Res. 472 (7/9/96) ...... O ...... H.R. 3755 ...... Labor/HHS Approps ...... PQ: 218–202 A: voice vote (7/10/96). H. Res. 473 (7/9/96) ...... MC ...... H.R. 3754 ...... Leg. Branch Approps ...... A: voice vote (7/10/96). H. Res. 474 (7/10/96) ...... MC ...... H.R. 3396 ...... Defense of Marriage Act ...... A: 290–133 (7/11/96). H. Res. 475 (7/11/96) ...... O ...... H.R. 3756 ...... Treasury/Postal Approps ...... A: voice vote (7/16/96). H. Res. 479 (7/16/96) ...... O ...... H.R. 3814 ...... Commerce, State Approps ...... A: voice vote (7/17/96). H. Res. 481 (7/17/96) ...... MC ...... H.R. 3820 ...... Campaign Finance Reform ...... PQ: 221–193 A: 270–140 (7/25/96). H. Res. 482 (7/17/96) ...... MC ...... H.R. 3734 ...... Personal Responsibility Act ...... A: 358–54 (7/18/96). H. Res. 483 (7/18/96) ...... O ...... H.R. 3816 ...... Energy/Water Approps ...... A: voice vote (7/24/96). H. Res. 488 (7/24/96) ...... MO ...... H.R. 2391 ...... Working Families ...... A: 228–175 (7/26/96). H. Res. 489 (7/25/96) ...... MC ...... H.R. 2823 ...... Dolphin Conservation Program ...... A: voice vote (7/31/96). H. Res. 499 (7/31/96) ...... MC ...... H.R. 123 ...... English Language Empowerment ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; S/C-structured/closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. LINDER. Mr. Speaker, I reserve A recent General Accounting Office re- all had ready understanding of our ordinary the balance of my time. port tells us that less than .1 percent of speech, but this cannot be coerced by meth- Mr. BEILENSON. Mr. Speaker, I all Federal documents are printed in ods which conflict with the Constitution. thank the gentleman from Georgia foreign languages; thus, more than 99.9 The presumptive unconstitutionality [Mr. LINDER] for yielding me the cus- percent are already printed in English. of H.R. 123 was fortified more recently tomary half-hour of debate time, and I The fact that English language class- by a U.S. Circuit Court of Appeals rul- yield myself such time as I may es across the country have long waiting that Arizona’s English-only man- consume. ing lists attests to the fact that laws date violates the first amendment and Mr. Speaker, we strongly oppose this are not needed to encourage people to in ‘‘unconstitutional in its entirety.’’ modified closed rule for the bill des- learn English. No doubt that reasoning would apply ignating English as the official lan- What those who do not speak English as well to this Federal English-only guage of the Government of the United will need is access to more educational legislation, which we believe clearly States and requiring that most official programs that teach English, but this violates the first amendment guaran- business be conducted only in English. bill does nothing whatsoever to help tee of free speech. We believe this is a bad rule for an meet that need. Mr. Speaker, the way As if all this were not bad enough, equally bad piece of legislation. to further the primacy of English is to Mr. Speaker, the rule making this bill We oppose this legislation in such put more resources into efforts to ex- in order is unfair and limited beyond strong terms for many reasons: It is pand English proficiency and literacy, good reason. At the very least, if we unnecessary; it is without doubt un- not to pass legislation of such ques- must consider a bill as repugnant as constitutional; it will increase litiga- tionable value as this. this one, then we should have had, if tion by creating a new private right of We already know that English-only not a completely open rule, at least legal action in Federal court; it is of- laws such as H.R. 123 are subject to se- one that is more open and much less fensive, insulting and denigrating to rious constitutional challenge, an im- restrictive than the rule we are now millions of Americans; and it is divi- portant point that the proponents ap- considering. sive at a time that we need to unite pear to have overlooked. In recognition of the announcement our country and its citizens. In a 1923 case, the Supreme Court by our chairman that only certain Mr. Speaker, we fail to understand wrote that: amendments would be made in order, the need for this legislation of such du- The protection of the Constitution extends the minority members of the Rules bious value. According to the Census to all, to those who speak other languages as Committee chose 5 of the more than 20 Bureau figures, English is spoken by well as those born with English on the amendments submitted by Democrats over 97 percent of the American people. tongue. Perhaps it would be advantageous if as our priorities. But only one of those August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9729 five was accepted and is made in order Democratic amendments submitted is our Constitution that focus on what we by this rule. far or reasonable. We feel strongly that have in common, not what divides us. Inrerestingly the majority did see fit the four amendments I have just de- Throughout the history of this great to allow three other amendments sub- scribed, as well as several others of- melting pot, we have demonstrated to mitted by Democrats, none of which fered by the gentleman from California the world that it is possible to preserve was on our priority list. We are some- [Mr. MARTINEZ] to exempt from the individual liberties, to uphold the tra- what puzzled by that decision, and sus- bill’s provisions actions or documents ditions of a vast array of cultural her- pect that they address issues the ma- from the IRS and the Social Security itages and to still weave a fabric of so- jority itself wanted to be taken up. Administration should be part of this ciety that is uniquely American. The Serrano amendment that is per- debate. But Mr. Speaker, things have mitted under the rule was our first pri- Clearly, if the majority is willing to changed in recent years. Our society ority. It is a very thoughtful attempt make an amendment in order to allow seems less committed to the idea of a to establish a language policy for the Members of Congress to communicate melting pot, less able to focus on the United States that does not infringe on orally and in writing in a language common threads within the fabric of indigenous languages and does not other that English, then the Martinez our American society. And that is why place undue burdens on one’s ability to amendments giving the same rights to we are considering this legislation—be- obtain services from the Federal Gov- agencies that serve so many of our sen- cause we want to reinforce the English ernment because of limited English ior citizens should have been permitted language as one of those threads. English is, and has always been, the proficiency. Instead of imposing the di- as well. official voice of America. H.R. 123 reaf- visive and restrictive policies in H.R. The bill denies many of those citizens firms this principle by setting out that 123 that infringe on constitutional the right to understand clearly and the Federal Government will conduct rights, the Serrano amendment encour- completely some of the most basic its official business in English—with age diversity and opportunity. We en- functions of their Government, and the reasonable exceptions to protect the courage our colleagues to support that functions that affect them most per- public health and safety, promote trade amendment. sonally and directly. We are especially and commerce, uphold national secu- It is a key amendment. We are disappointed that the majority was un- rity, conduct language education and pleased that it is made in order. Unfor- willing to give Members the oppor- preserve the integrity of our criminal tunately, four others that are just as tunity to correct that serious failure in justice system. I would like to empha- essential to making the debate on the the bill. size that this legislation does not pre- bill complete were not approved by the In closing, Mr. Speaker, we repeat empt any State or local laws. This leg- majority. that we find it difficult to understand We feel strongly that we should have islation eliminates the burdensome un- the reason for this legislation. The use funded mandate of required bilingual been allowed a vote on the amendment of languages other than English to striking repeal of the bilingual election ballots, which was originally estab- meet the needs of language minorities lished by the Voting Rights Act, and requirements of the Voting Rights Act. in this country does not pose a threat The bilingual provision that the rule which I have long opposed. While the to English because it is already in fact, premise of increasing access to the incorporates into H.R. 123 is a major of course, recognized as the primary change in existing law and policy. electoral system was well-intentioned, language of this country. the implementation has become an ex- Members deserve the opportunity to But language alone in not the basis pensive burden. It has also created un- vote separately on such radical action. for nationhood. Americans are united anticipated consequences, including The rule is in essence protecting the by principles enumerated by our Con- discrimination against English-defi- repeal of a fundamental part of our stitution and the Bill of Rights: free- cient voters who do not happen to live voting rights law; it should not be al- dom of speech, representative democ- in heavily concentrated minority lowed to go unchallenged. racy, respect for due process, and areas. I have always believed that the If we truly want to encourage people equality of protection under the laws. Federal Government should neither re- to speak English, then English training The legislation this rule would make in quire nor prohibit the use, by local for all who seek it should be available. order is contrary, we believe, to each of communities, of local funds to commu- However, the majority denied our re- those principles. nicate with their citizens in languages quest that an amendment for that pur- Mr. Speaker, in closing, we strongly other than English. Repealing the bi- pose be made in order. oppose this rule and the bill that it lingual ballot requirement is an impor- We were also denied the right to vote makes in order. We urge our colleagues on striking another major provision in tant step in that regard. to defeat the rule so at least some Mr. Speaker, H.R. 123 underscores the bill, the section permitting any in- more amendments might be made in dividual to sue in Federal court if they that English is our national language order. It is the only proper and fair ac- without unduly interfering with the believe this legislation has been vio- tion we can take. ability of States and localities to deal lated. Mr. Speaker, I reserve the balance of with their own unique language needs. We do not believe there is a need for my time. Reaffirmation of our common language this new right to sue, especially when b is something a substantial majority of so much of our effort in this Congress 1130 Americans have asked us to do—and I have been to discourage the wave of Mr. LINDER. Mr. Speaker, I yield 3 urge my colleagues to support this rule minutes to the gentleman from Florida litigation that seems to be sweeping and this bill. over the country. This is a serious [Mr. GOSS], my colleague on the Com- Mr. BEILENSON. Mr. Speaker, I issue that Members will not have the mittee on Rules. yield 3 minutes to the distinguished opportunity to vote on under this re- (Mr. GOSS asked and was given per- gentleman from Puerto Rico [Mr. RO- strictive rule. mission to revise and extend his re- MERO-BARCELO´ ]. We also asked earlier that the marks.) (Mr. ROMERO-BARCELO´ asked and amendment of the gentleman from Mr. GOSS. Mr. Speaker, I thank my was given permission to revise and ex- Puerto Rico [Mr. ROMERO-BARCELO´ ] be friend from Georgia for yielding and I tend his remarks.) made in order to provide that any rise in support of this rule. This is a ROMERO-BARCELO´ . Mr. Speaker, agency can communicate orally or in subject that generates much emotion language is an intensely personal form writing in a language other than Eng- from all sides—and I applaud this rule of self-expression. We use it to articu- lish if doing so will assist the agency in for allowing those with opposing views late the full range of human thought doing its work. This is clearly essential a fair opportunity to be heard. and emotion. We use it to convey our to protect the rights of so many of our In my opinion, the uniqueness of thoughts on philosophy. We use it to citizens, yet our request to make the America stems from the fact that, al- convey our thoughts on theology and amendment in order was denied. though we are a Nation of immigrants political ideals. We use it to convey Mr. Speaker, we do not believe that hailing from all parts of the world, we sorrow, anger and forgiveness, and we allowing votes on only 4 of the over 20 have guiding principles enshrined in use it to express love for one another. H9730 CONGRESSIONAL RECORD — HOUSE August 1, 1996 I think that this bill does precisely when an individual works with the Mr. EDWARDS. Mr. Speaker, re- the opposite. Instead of being an ex- Federal Government, that we do it in claiming my time, I appreciate the pression of love for all of the citizens in the English language. gentleman’s comments. the Nation, it is the setting aside of The people have spoken and the Con- Mr. Speaker, I find it ironic that those citizens that may not have the gress has listened, and now we can say some of the very people that will speak proficiency in a language that is a that Congress has as much common out in behalf of this English-only bill common language of our Nation that sense as the American people. today are the very people who just a others have. It curtails their access We are people from every corner of few weeks ago voted to cut education and availability of services in the gov- the globe. We represent every religion, programs that helped young American ernment and to exercise their rights every ethnic group, every Nation under schoolchildren learn English, voted and the fulfillment of their duties and the Sun, but we are one nation, we are against Head Start programs, voted obligations. one people. Why? Because we have a against adult education funding pro- Mr. Speaker, I do not know if Mem- wonderful commonality, a common grams that helped adults even speak bers are aware of how many documents glue, called the English language. English, voted to cut funding for title I can be published, if necessary, in other Now, in some 80 nations around the that help our low-income Spanish languages, to inform the public. For in- world they have official languages; 63 speaking children in Texas learn how stance, Social Security for elderly citi- nations have English as the official to speak English. zens. We have information about what language, and other nations have var- To me, in any language, that rhetoric Social Security is all about. Survivors’ ious other languages, of course. versus that action does not make benefits. Social Security, what an indi- The gentleman who just spoke before sense. vidual needs to know when they get re- me is from Puerto Rico. Some of the It seems to me that the question tirement survivors. Social Security finest people in the world live in Puer- today is not whether American citizens benefits for children with disabilities. to Rico. But in Puerto Rico they have should be encouraged to learn English, Social Security, if an individual is Spanish as their official language, and because we all agree that is the lan- blind, how can we help. rightly so. They should have that guage of our country. The question All of these and many, many, many right. In Mexico, they have Spanish as today is what is the best way to en- more reports and information are pub- their official language. And again, courage and help our citizens become lished in other languages when the re- rightly so. English proficient. cipient, when the citizen does not know Now, in this country we are told by I would suggest English plus is a English well enough. And we do have the National Clearinghouse for Bilin- much better approach than English citizens that do not know English or gual Education that by the turn of the only. I would suggest that debating speak it very little. century, one out of seven Americans education funding would be a better In Puerto Rico, we were made citi- will look at English as a foreign lan- way to spend our time today than de- zens in 1917 by law, and we were not guage. bating English only. asked for the language we spoke, nor Now, Mr. Speaker, as has been said The English-only bill before this have we been asked what language we before, in America, we have always had House today is unnecessary, it is in- speak when we are drafted to go in the the idea that we are the melting pot, sulting, it is divisive, and it is dis- armed services and service the Nation. that we are all the same. We do not be- criminatory. It is unnecessary because In the Korean war, for instance, we lieve in hyphenated Americans. We are I hardly believe the future of the Amer- were No. 4 in deaths, even though we all equal American. ican republic is at jeopardy because 3 were number 25 in population. And how America must continue to be the percent of our population speak an- many of those soldiers that were de- melting pot. A Nation like America other language. fending the Nation died because maybe cannot be made up of groups. American It is insulting to millions of Ameri- they did not understand the orders. is made up of individuals. As Woodrow cans, whether intended or not, Ameri- They say that this is done to promote Wilson said, as long as you consider cans whose cultures are a part of the efficiency in English. We do not pro- yourself a part of a group, you are still fabric of our Nation. To Hispanic- mote by obligating; we promote by not assimilated into American society, Americans in my home State, this kind stimulating. We promote by providing because America, like other nations, is of bill brings back the terrible, painful opportunities for people to educate made up of individuals and not made memories when years ago little His- themselves, to learn the English. Noth- up of groups. panic schoolchildren were segregated ing is being proposed here to stimulate So today, in this debate, we are dis- on the playgrounds and ostracized be- or further encourage or even fund the cussing this issue from the perspective cause they spoke the language, Span- teaching of English. of over 200 years of American history, ish, of their parents, their families, and I oppose the approval of this rule. of our culture and the things we hold their grandparents. Mr. LINDER. Mr. Speaker, I yield 3 dear. We should look around us in this This bill is divisive because in a minutes to the gentleman from Wis- Chamber today. All of us can take part country of many cultures where we consin [Mr. ROTH], who has worked on in this debate. Why? Because we have come together, it pits one group this issue for many, many years. all adopted English as our language, against another. Hispanic-Americans Mr. ROTH. Mr. Speaker, I thank my and this bill will allow us to do that 25, and others see this bill as an attack on friend from Georgia for yielding me 50, and 100 years from now. Without their culture, upon their values, and, this time, and I appreciate the fine and this bill, we could not do that. yes, even upon their families. the fair rule that the Committee on Mr. BEILENSON. Mr. Speaker, I At a time when we need to bring Rules has brought to the floor. yield 3 minutes to the gentleman from Americans together by building bridges I wish we had more time to debate Texas [Mr. EDWARDS]. rather than building barriers between the issue, but I know at this time that Mr. ROMERO-BARCELO´ . Mr. Chair- different peoples, this bill separates us we have a good deal of pressing legisla- man, will the gentleman yield? and tears us apart. tion issues before us. Mr. EDWARDS. I yield to the gen- This bill is discriminatory because it This is an historic day. I frankly tleman from Puerto Rico. says to many of the elderly in America have told many people who have doubt- Mr. ROMERO-BARCELO´ . Mr. Speak- who have worked hard, supported their ed this day would ever come to have er, I wanted to say the previous speak- families, never been on welfare, and faith, that the day would come when er, who stated that Puerto Rico has have paid taxes for 20 or 30 or 40 years the American people’s wishes were Spanish as the official language; in that we want to make it more difficult going to be heard. In every single sur- Puerto Rico, both languages are offi- for them to vote and to exercise their vey that has been taken on whether cial, Spanish and English. And there right as a citizen to participate in this English should be our official language, are no requirements that we cannot democracy. 90 to 97 percent of the people say, yes, publish in any other languages any of- Mr. Speaker, for all of those reasons, English should be our official language, ficial documents. There is no prohibi- this bill should not be passed into the which basically means when we vote, tion. law of this land. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9731 Mr. LINDER. Mr. Speaker, I yield 5 those who do, separated from every- Winston Churchill once said ‘‘the gift minutes to the gentleman from Glens thing the United States and its pre- of a common language is a priceless in- Falls, NY [Mr. SOLOMON], the chairman cious Constitution stands for. A dec- heritance.’’ According to a USA Today of the Committee on Rules. laration of English as the official lan- poll taken in 1993, 97 percent of the Mr. SOLOMON. Mr. Speaker, I thank guage is necessary to demonstrate that American population agreed with Win- the gentleman for yielding me this the Federal Government’s goal is to de- ston Churchill and supported making time, and I rise in strong support of segregate these Americans. English the official language of Gov- this legislation. Yesterday in the Rules Committee ernment. A more recent study found Mr. Speaker, today is a historic day, we heard hours of testimony from that 86 percent of Americans and 81 a day in which Congress focuses on members with deeply held concerns percent of immigrants want to make those things which unite us as a coun- with this bill. English the official language. try, and those which expand the hori- Some were puzzled over what prob- Now some of my colleagues have zons of opportunity for all of our citi- lem this bill was trying to solve; others claimed that this bill preys upon lin- zens. The English Language claimed proponents of the bill were guistic minorities in this country, re- Empowerment Act has nothing to do afraid that the English language was minding us that Alexis de Tocqueville with fear, nothing to do with linguistic facing extinction in the United States. warned that the danger of democracy cleansing and nothing to do with Well, let’s be clear. This bill is in- was that a majority could exercise tyr- targeting minority populations for po- tended to ensure that no American cit- anny over a minority. While I acknowl- litical gain. My support of declaring izen, no matter what their cultural edge that this is a serious concern, I the English language to be the official background, no matter whether they would also remind my colleagues that language of the Federal Government is live in Puerto Rico, or Iowa, has to be before de Toqueville gave this warning based on two simple principles: unity trapped in a linguistic box, kept away he also stated that ‘‘the tie of language and opportunity. from the tools of opportunity. This is is, perhaps the strongest and the most Mr. Speaker, from the very beginning the land of opportunity and the lan- durable that can unite mankind.’’ Pro- our Nation has recognized that guage of the land of opportunity is moting this tie of language is not an The prosperity of the people of America de- English. There should be no ambiguity attack on minorities, nor is it an act of pended on their continuing firmly united, about this fact. Current projections self-preservation but it is a ramp to ex- and the wishes, prayers, and efforts of our show that by the year 2050 more than panded opportunity and freedom for all best and wisest citizens have been constantly 20 million people in this country will Americans. directed to that object. not be able to speak English well or at Finally, Mr. Speaker, it must be un- Now this observation was not made all. derstood why this bill goes farther by me, these are the words of wisdom That’s 20 million people unable to than just declaring English to be the in the Federalist Papers by John Jay, even try to attain the American dream. official language of government. Yes, it The usage and understanding of Eng- our country’s first Chief Justice of the does repeal the bilingual ballot re- lish is the key to economic and edu- Supreme Court. quirement, yes it does require the Fed- cational opportunity in America. John Jay went on to say: eral Government to conduct its written Therefore we as the Federal Govern- I have * * * often taken notice that Provi- business in English and yes it does re- ment must promote and enhance the dence has been pleased to give this one con- quire the INS to hold its naturalization ability of all Americans, no matter nected country to one united people—a peo- ceremonies in English. Do you know what their heritage, to read, speak, and ple descended from the same ancestors, why? It is because America is com- speaking the same language * * * attached understand this language of oppor- posed of people who have for centuries to the same principles of government, very tunity. According to a study done by pulled themselves up by their boot- similar in their manners and customs, and Dr. Richard Vedder and Dr. Lowell Gal- who by their joint counsels, arms, and ef- loway of Ohio University it was found straps with courage and a vision to forts, fighting side by side throughout a long that if immigrant knowledge of Eng- pursue the opportunity that America and bloody war, have nobly established their has to offer. All of us at one time or general liberty and independence. lish were raised to that of native-born Americans, their income levels would another were immigrants. Our fore- Based on this premise for the past increase by $63 billion a year. It was fathers came here for the same reasons two centuries, we have forged a nation also concluded that the current situa- immigrants now come ashore. America is the land of opportunity out of our different peoples by empha- tion has trapped 1.5 million immi- and if the Government does not remove sizing our common beliefs, our com- grants in poverty. The simple truth is mon ideals, and perhaps most impor- that those who cannot function in our the impediments to assuring that these tantly, our common language. Our country’s predominant language are immigrants receive the keys to oppor- English language has permitted this less able to find jobs. tunity here, then I am afraid they will country to live up to our national As a result, they are cheated of the remain in what the New York Times motto, ‘‘e pluribus unum’’—out of opportunity for improvement and hap- called a bilingual prison. Bilingual bal- many, one. For most of our Nation’s piness that America promises to mil- lots, and INS ceremonies and Govern- history, the English language has been lions. This bill places the Federal Gov- ment documents in other languages the key to integrating new Americans ernment in the affirmative position of continue to uphold the untruth that as well as the glue that has held our saying this tragedy is not going to con- you can live in America, you can have people together. It is in this spirit that tinue. access to opportunity and you can this bill has been devised to secure Furthermore, this bill has nothing to achieve the American dream without English’s central place in our society do with what languages we speak in being able to speak English. The Gov- by making it America’s official lan- our home, church or organization, or ernment can no longer mislead the guage. what foreign languages we may wish to citizenry. Now, this devotion to unity and to learn. This establishes English as the Mr. Speaker, I will close with the ob- the English language is not founded official language of the government, servation that 23 States have estab- upon any bedrock of racism, mean spir- not the private sector. Many of my lished English as their official lan- itedness or division. Rather it is pre- good friends have expressed the hard- guage, 80 countries only print govern- mised on the belief that our strength in ships with which their families have ment documents in one language, 323 unit can best be preserved through the sought to learn English while retaining different languages are currently spo- prevention of divisions along linguistic their native tongue. ken in the United States, a knowledge or cultural lines such as encountered I applaud them for their efforts and I of English has been a requirement of by Canada with Quebec. do not want them to stop doing this. In U.S. citizenship since 1811, and the bill Now what do I mean by divisions fact, Americans should strive to learn before us today is supported by the along linguistic lines? These divisions other languages as a way of expanding American Legion, the VFW, the Catho- are not between people, but between their understanding of the entire lic War Veterans, the National Grange, opportunities. Americans who do not world. However, this should not be at the General Federation of Women’s know English, are segregated from the expense of our common tongue. Clubs and many others. H9732 CONGRESSIONAL RECORD — HOUSE August 1, 1996

This is a document of opportunity, a nowned for our diversity and home to Mr. Speaker, JOE MCDADE is one of vision of unity and a compassionate communities where many different lan- the finest individuals that I have ever measure. It deserves America’s strong- guages are heard. Among some of the served with, and I have served with est support. benefits are those to public health and him for 23 years on two separate com- safety, a better and improved edu- b 1145 mittees, and day by day we sat to- cational system for our children, the gether. And so I am just delighted to Mr. BEILENSON. Mr. Speaker, I continuation of Government access to see this, and as the dean of the Penn- yield 4 minutes to the distinguished millions of taxpaying citizens and resi- sylvania delegation, I join with the gentlewoman from Florida [Ms. ROS- dents and the creation of a more cohe- gentleman from Pennsylvania, Mr. LEHTINEN]. sive American society. SHUSTER, in our commendation and Ms. ROS-LEHTINEN. Mr. Speaker, as Some would say that we are indeed a congratulations to JOE MCDADE, who is a public servant and educator, and a diverse nation, that we must provide such a wonderful individual, and to his mother, I think it would be a great dis- for a common heritage through the use family who suffered so much during service to our children to make English of the English language. Our heritage, this period of time. the official language of the land, not however, is not so much English itself, Mr. WELDON of Pennsylvania. Mr. only because of the domestic and inter- but instead that regardless of race, Speaker, if the gentleman would yield, national ramifications that it would color, creed, and our language pref- I thank the gentleman from Pennsylva- have, but more so for the future of our erence, we have been given the honor of nia [Mr. SHUSTER] and the gentleman children. It is time that as Americans all being Americans. from Pennsylvania [Mr. MURTHA] for we understand what educators The fact that we are all members of the words that they spoke today. The throughout the world already seem to this great Nation and benefit from its two of these gentlemen, as the deans of know, that proficiency in many lan- Democratic ideals and liberties is a far our delegations respectively, Repub- guages ultimately results in increased more cohesive bond than any language lican and Democrat, have been there could ever be. understanding of others, awareness of for JOE as friends over the past several From a more global perspective, it is other cultures and traditions, and ulti- very difficult years. obvious to all that America today is mately improvements in our Nation’s Mr. Speaker, I just want to rise and undoubtedly one of the world’s top eco- prosperity and welfare. Today, as a na- say it is a tribute to this institution nomic powers. In an everyday more tion, we stand together joined by Eng- that so many Members of the House on globally interdependent world, where lish as our primary language, and we a day-to-day basis asked about JOE an astonishing four out of five jobs are hold hands as a nation, where our ac- MCDADE, asked about his health, about created through exports, it is necessary ceptance of diversity has given us his well-being, about his family. And that knowledge of other languages be greatness. through a very difficult ordeal it was Chief Supreme Court Justice Earl encouraged in order to facilitate our business with the rest of the world and the Members of this institution, people Warren once said, ‘‘We are now at the like the gentleman from New York, Mr. point where we must decide whether we not force others to deal with us strictly in English. Establishing English as our RANGEL, who I understand went up and are to honor the concept of a plural so- testified as a character witness for JOE ciety which gains strength through di- official language would serve to undermine our competitiveness on a global MCDADE, that is a real testimony to versity, or whether we are to have bit- the character of this institution. ter fragmentation that will result in scale. As a Florida certified teacher and a So, Mr. Speaker, I applaud not just perpetual tension and strife.’’ former owner of a bilingual private his verdict but the fact that all of us As a Cuban-American who immi- school in south Florida, I know this did not cut and run when JOE MCDADE grated to this country in 1960, I was bill will not facilitate the transition had a charge levied against him. All of granted the honor of living here in the for children who have already come to us who know JOE personally stood by United States, a nation where dif- the United States and do not have his side through thick and thin, and all ferences, not similarities are the norm enough of a grasp of the language to of us can share in that joy today, both and, most of all, a nation where for understand challenging subject mat- Republicans and Democrats. over 200 years this plural society has ters. ‘‘English only’’ legislation would Mr. LINDER. Mr. Speaker, I yield 1 been the standard and where speakers only prove to be a disservice to these minute to the gentleman from New of different tongues and persons of di- children instead of facilitating their York [Mr. KING]. verse cultures, ethnic backgrounds and learning abilities. Mr. KING. Mr. Speaker, I thank the walks of life have come with one goal: gentleman from Georgia for yielding CONGRESSMAN MCDADE ACQUITTED To live, persevere, and succeed in the and before I begin my remarks, let me (By unanimous consent, Mr. SHUSTER United States of America, the land of was allowed to speak out of order for 1 also join the House in congratulating the free and the melting pot of the minute.) the gentleman from Pennsylvania [Mr. world. Mr. SHUSTER. Mr. Speaker, it is MCDADE]. I am so delighted his long With the onset of the 104th Congress, with a very happy tear in my eye that nightmare is over. there have been proposals made by var- I announce the wire services are re- Mr. Speaker, I rise in support of the ious of my colleagues that seek to porting that our colleague, the gen- rule and in support of the underlying make English the official language of tleman from Pennsylvania [Mr. bill. For the first 180 years of our Na- the United States of America and to MCDADE] has been acquitted of all tion, immigrants came to our shores eliminate bilingual written and oral charges. knowing that they had to learn the assistance for language minority vot- Mr. MURTHA. Mr. Speaker, if the English language to become part of the ers. Persons who have immigrated in gentleman would yield, let me just add American mainstream. They main- the past, who do so in the present, and to what the gentleman from Penn- tained their own cultures, their own who will continue to do so in the fu- sylvania [Mr. SHUSTER] said. JOE traditions, their own religion, their ture, already understand that in order MCDADE has been under investigation own beliefs, their own parades, their for them to be able to do well in this for 6 years; under indictment for 2 own festivals, but they were bound to- great Nation of liberty and freedom, years; he has been hurt emotionally, gether by the English language. where equality is the law of the land, physically, and they were challenging Growing up in New York City in the they must learn English and no law is the rights of the House during all this 1940’s and 1950’s, I witnessed this first- needed to stress this. Moreover not period of time. hand. I saw the beautiful American mo- only do over 97 percent of Americans Mr. Speaker, it really is a win for the saic of all the different cultures and be- speak English, but newcomers to our House. The House sided with him in lief, bound together with the glue of a great Nation are learning English fast- every appeal, and I think this is a common language. Unfortunately, in er than ever, thereby making English strong message that goes out that the the past 45 years we have gotten away as the official language a moot point. House of Representatives is a separate from that. We have bilingual edu- There are many benefits to having no body. The jury understood that. We cation, bilingual voting, bilingual pro- official language in a country re- represent people. grams one on top of the other, which August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9733 results in dividing us as a Nation, di- Our Nation should look to the world Ms. ROYBAL-ALLARD. Mr. Speaker, viding us by language. with pride for our Nation’s differences I rise in strong opposition to the rule Mr. Speaker, if we are to come to- and we should capitalize on that, and and the bill. Historically Americans gether as a nation, if we are going to so I urge my colleagues to heed my call have struggled to build a democratic build bridges and reassert and reestab- for tolerance and work toward the goal society in which all citizens have equal lish that beautiful American mosaic, it of enhancing English as the common access and opportunity. To ensure that is essential that this bill be adopted. language. We should not be mandating every citizen was informed, our fore- Mr. Speaker, I commend the gen- it. It is divisive. It is dividing us. It is fathers printed Government documents tleman from California [Mr. not the glue that brings us together. in German, French, and other lan- CUNNINGHAM] and the gentleman from The glue that holds America together guages. In 1975, the Nixon-Ford admin- Wisconsin [Mr. ROTH] for the work they is the democracy that we practice. It is istration recognized the importance of have done over the years. I urge all the tolerance, it is the diversity that an informed electorate and success- Members to vote for the bill and vote we enjoy. fully led the fight for bilingual ballots for the rule. to help eliminate discrimination in the b 1200 Mr. BEILENSON. Mr. Speaker, I electoral process. yield 3 minutes to the distinguished This kind of legislation is unneces- Given our country’s great history, it gentleman from California [Mr. sary and is divisive. I urge a ‘‘no’’ vote is a disgrace that we have this divisive TORRES]. on the rule. and unnecessary bill before us, divisive (Mr. TORRES asked and was given Mr. LINDER. Mr. Speaker, I yield 2 in that it denies American citizens who permission to revise and extend his re- minutes to the gentleman from Florida are not yet proficient in English the marks.) [Mr. STEARNS]. right to access Government informa- Mr. TORRES. Mr. Speaker, I rise in Mr. STEARNS. Mr. Speaker, I say to tion in their native language, unneces- strong opposition to the rule here the gentleman from California, out of sary in that 95 percent of U.S. residents today and its misguided effort to legis- many, one. On this side we believe that already speak English. late the very obvious: That this Nation one means language, too, which is Eng- The bill’s premise is also flawed. The already speaks English. lish. common thread binding Americans is For anyone living in this country, I would like to quote for him and not only a common language but the engaging in commerce, seeking an edu- others the late Senator Hayakawa, who quest for democracy, freedom, and jus- cation, or simply just traveling, Eng- said, ‘‘America is an open society, tice for all. lish is the common language. On the more open than any other in the world. This bill breaks all strands of that WorldWide Web, English is the official People of every race, of every color, of common thread by dividing American de facto language. The majority of every culture are welcomed here to citizens and unraveling civil rights in international commerce is conducted create a new life for themselves and the name of national unity. in English. Students from around the their families. And what do these peo- Let us uphold the tradition of respect world vie for a U.S. education and a ple who enter into the American main- for the fabric of diversity that makes chance to learn English, and in places stream have in common? English, our this country great. Let us defeat the rule and this bill. with high immigrant populations like shared common language.’’ Mr. LINDER. Mr. Speaker, I yield 2 my district in Los Angeles, the demand For that reason, I rise in strong sup- minutes to the gentleman from Louisi- for learning English is so high that port of the rule. This Nation of course ana [Mr. LIVINGSTON], chairman of the people must wait months and, yes, is a melting pot, finding its strength in our citizens’ unique diversity. How- Committee on Appropriations. years to attend oversubscribed English (Mr. LIVINGSTON asked and was ever, we all share a common unifying classes. given permission to revise and extend bond, our English language. Mastering In an age of increased global com- his remarks.) petition, we should be nurturing our a nation’s original native language is Mr. LIVINGSTON. Mr. Speaker, I rise in Nation’s most valued treasures, the critical to succeeding in a society be- strong support of H.R. 123, the English Lan- wealth of cultural knowledge and for- cause it provides one with the oppor- guage Empowerment Act of 1996. eign language skills. And today, some tunity to excel. This is not to say that This bill declares English to be the official of my colleagues would prevent us from the study of foreign languages should language of the Government of the United capitalizing on the wealth this Nation be discouraged. Quite the contrary, States. It will require the Federal Government has accumulated. being fluent in a second or third lan- to conduct its official business in English in- Mr. Speaker, we cannot be afraid of guage opens, more often than not, cluding all citizenship naturalization cere- language. Language is knowledge. Yes, doors to new opportunities and experi- monies. The American people, including new my friends, we should encourage and I ences. But if the English language is citizens, have long championed the notion of stress ‘‘encourage,’’ not legislate, that not the top priority, the doors in our making English our official language. To date, Americans learn and speak English. own Nation will remain closed to some, 22 StatesÐincluding my home State of Louisi- But a mandate of this sort that we are and they will be left behind. When one anaÐhave already declared English their offi- considering today could only be de- discourages another from learning Eng- cial language. It is time to make English the scribed as a veiled intolerance toward lish, they ensure that the non-English- Nation's official language. non-English-speaking Americans. It is speaking individual is denied their The bill also amends the Voting Rights Act unconstitutional. It is un-American. chance at attaining the great Amer- to end Federal mandates for bilingual ballots. Mr. Speaker, I urge my colleagues to ican dream. This will put an end to the unfunded mandate take a look at the lawmakers outside In a time when college graduates still of requiring States to print ballots in different of the beltway that have looked at the have difficulty finding employment, languages. Since 1975, States with certain practical effects of this legislation. what is left for those individuals who populations of language minorities are re- Both Governor Bush of Texas and Gov- cannot communicate proficiently in quired to print ballots in the native language of ernor Whitman of New Jersey have spo- English? While we continue to cherish the minority. Currently, 375 voting districts in ken out against ‘‘English only’’ man- the very cultures and heritage of the 21 States are now required by Federal law to dates. They realize that Americans are people that comprise this Nation, we provide voting ballots and election material in an asset and should not be shunned for need to have one language that unites foreign languagesÐ6 languages alone were their language deficiencies. and defines us as Americans if we are on the ballot in the last mayoral election in Los We are a nation blessed with many to ensure our continued success. Angeles. While there are some who believe differences, and I ask all of my col- Mr. Speaker, we need to commu- this is worthy and necessary, the measure is leagues to look up at the ceiling and nicate in one official language and that dividing our Nation along ethnic lines. In addi- read the inscription up there, ‘‘E is English. That is why I urge support tion, it is also unduly burdening the States and pluribus unum,’’ which means ‘‘Out of of the rule. opening the system to potential fraud. many, one.’’ We are one because our Mr. BEILENSON. Mr. Speaker, I The issue of voter fraud disturbs me greatly. Constitution and its lasting democratic yield 2 minutes to the gentlewoman I fear bilingual ballots only help those who re- principles has done this for us. from California [Ms. ROYBAL-ALLARD]. solve to steal elections. According to the 1990 H9734 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Census, California has 4.4 million non-citizens, guages is to run a risk that no longer In fact, there is a section in this bill Florida has 949 thousand non-citizens. Texas will we be unified as a Nation. that says every other law that has been has over a million non-citizens, and New York In fact, Canada in recent years has passed by the Congress from the begin- has 1.5 million non-citizens. In 1982, a Chi- experienced exactly that problem. they ning of this Nation to the present time cago grand jury reported that ``* * * many started recognizing French as an offi- which may require communication in aliens register to vote so they can obtain doc- cial language, as part of one major seg- languages other than in English only is uments identifying them as U.S. citizens * * * ment of the country. Now we see that hereby repealed. These aliens used their voter's card to obtain Canada is on the verge of breakup, of This Nation has been for open Gov- myriad benefits, from Social Security to jobs disruption, within a matter of 5 to 10 ernment, for equal access, to take ev- with the Defense Department.'' Unfortunately, years may not be a single nation, may erybody who is here legally in this many of these same individuals also vote. be a segment of several different na- country and to accord them equal pro- With the ballots printed in their native lan- tions. tection of the laws. This legislation guages, its easy for crooks to convince these I would not want to see that happen does not do this. I hope that the Con- individualsÐmany of whom are unaccustomed to the United States. We went through gress will not pass a law which is so di- to U.S. election lawsÐthat it is okay for them one great Civil War. We do not need to visive. The goal of this country is to to vote. go through any more. This country has unite behind the principles of democ- We are an English speaking Nation. Most fought, has spilled blood to provide for racy and not to go contrary to the Con- citizens understand this and, in fact, support a single Nation. We will remain that stitution. way if we speak one official language. I this reality. Since 1906, all U.S. citizens are MODIFICATION OF AMENDMENT NO. 1 IN HOUSE required by law to be able to comprehend urge adoption of the rule and passage REPORT 104–734 TO H.R. 123, ENGLISH LANGUAGE English. And, since 1950, all U.S. citizens of the bill. EMPOWERMENT ACT OF 1996 must demonstrate an understanding of Eng- Mr. BEILENSON. Mr. Speaker, I Mr. LINDER. Mr. Speaker, I ask lish, including an ability to read, write and yield 3 minutes to the gentlewomen unanimous consent that amendment from Hawaii [Mrs. MINK]. speak words in ordinary English usage. How- No. 1 printed in the report on the rule Mrs. MINK of Hawaii. Mr. Speaker, I ever, there are currently 323 languages spo- may be offered in the following modi- rise in strong opposition to the rule fied form: ken in the United StatesÐ115 languages and to the bill. There is pending before alone spoken in the New York City Schools. the U.S. Supreme Court a contest on a At the beginning of the amendment, insert: Forty million Americans will be nonEnglish lan- Page 1, line 4, insert before ‘‘English’’ the constitutional provision added by ref- words ‘‘Bill Emerson’’. guage proficient by the year 2000. To keep erendum to the State of Arizona Con- America one Nation, one people we must stitution which falls along similar The SPEAKER pro tempore. Is there have one common language. lines. The lower Federal court in the objection to the request of the gen- Opponents of making English our official State of Arizona, as well as the U.S. tleman from Georgia? language claim that certain ethnic groups do Ninth Circuit Court of Appeals in look- There was no objection. Mr. LINDER. Mr. Speaker, I yield 2 not understand English and therefore must be ing at the provision that had been put minutes to the gentleman from Florida accommodated. Well, since the 1960's, the into the Constitution, both unani- Federal Government has been spending mil- mously held that the provision which [Mr. WELDON]. (Mr. WELDON of Florida asked and lions of taxpayer dollars on programs that called for English only, requiring all was given permission to revise and ex- teach English to nonEnglish speaking individ- public employees to communicate with uals. In addition, the Federal Government constituents only in English con- tend his remarks.) Mr. WELDON of Florida. Mr. Speak- mandates that States and local governments stituted a violation of the first amend- er, I rise in support of H.R. 123. Our also spend taxpayer money to teach English ment and that it was a denial of free to nonEnglish speaking individuals. In 1995 speech. country has a historic tradition of re- alone, the Federal Government spent over It is on this basis that I rise in oppo- ceiving immigrants from all around $200 million on such programs. And, when sition to the rule and to the bill. This the world. H.R. 123 builds on that tradi- you include State and local mandated spend- legislation, though it is called an en- tion and binds us together through the ing for such programs, the amount skyrockets hancement policy, in essence trans- use of English as a common language. to $8 billion. lates a feeling in this country about Over the past 20 years the Federal Well, Mr. Speaker, something is obviously the importance of English, into a pro- Government has increased the number not working. It is becoming more and more hibition against the Government and of languages in which it publishes doc- evident that teaching children in their native, its employees in the exercise of their uments and conducts official duties. foreign language hinders their ability to learn duties to communicate in other than in This has led to a de facto multilan- English. Printing ballots in foreign languages English. guage policy which is very expensive does the same. Let's not perpetuate an al- When we took office we took an oath for the taxpayer. ready bad problem by officially recognizing to uphold the Constitution. H.R. 123 declares English to be the of- languages other than English. This, I believe, Mr. Speaker, to be the ficial language of the United States Mr. LIVINGSTON. Mr. Speaker, I fundamental obligation of this body. Government and serves to unit us even rise in favor of the rule and in support Through the Committee on Rules and more as a Nation. of the bill and would point to some of through our deliberations in our com- All of us would agree that knowing the change in my pockets, which the mittees, the Constitution should be our English is a key to success in the Unit- saying is on some of our currency, e guide and we should not enact, support, ed States. pluribus unum, out of many comes one. legislate in any way that deprives fun- A 1994 study of Southeast Asian refu- The fact of the matter is that Amer- damental liberties in this country. gees in Texas showed that those who ica is built on many cultural societies Sure, every parent wants their child to knew English earned more than 20 who have come together in unity and succeed, to be prosperous. And the only times the annual income of those who in an attempt to build one great Na- proven way in this country to do that did not speak English. tion. Whether it ultimately ended up as is to be proficient in English. So, the Knowing English will open a broad English speaking or Spanish speaking obligation of this Congress and of this range of opportunities that would oth- is a matter of history. We are an Eng- Nation is to encourage it. erwise be unattainable. lish speaking Nation. It does not mean Yes, I think we all believe that Eng- This bill fosters and encourages ev- that people of Spanish heritage cannot lish is the common language of this eryone to learn English. treasure their heritage or speak Span- country and in order to succeed here in Encouraging immigrants to learn ish at home. Likewise, Haitians or Ira- trade and commerce, in all of our pro- English is the compassionate thing to nians or Iraqis or people of any culture fessions, we ought to be proficient in do and this bill does that. in this great country of ours can re- English. But this bill goes for beyond Mr. Speaker, one of the biggest rea- spect their cultures at home and in that. It does not enhance our democ- sons why I am rising in support of this their communities and can speak in bi- racy. It restricts it. It confines the du- bill is because it is what my mother lingual fashion. But to say that we will ties of this Government to only those would want me to do. She passed away become a Nation of many official lan- people who speak English. in 1991, but she was born to Italian August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9735 American immigrants and spoke Ital- dreds of languages spoken in the United We are going to rebuild the Berlin ian as her first language. States. According to the GAO, The Federal Wall around the United States of She always taught me that this move Government already prints many documents in America. Not going to be bricks and towards multilingualism in the United foreign languages including Spanish, Por- mortar; it is going to be something States was bad and divisive. On my tuguese, French, Chinese, German, Italian, called ‘‘English only.’’ We are going to way over here I was speaking to an- Russian, and others. For American taxpayers build a wall around us, and my col- other Member who told me his high the question is where does the printing of leagues will live to regret the day. school now conducts official proceed- these documents in foreign languages stop? Mr. LINDER. Mr. Speaker, I yield 11⁄2 ings in two different languages. I think This bill ensures that all Americans can count minutes to our colleague, the gen- that is wrong. I think the language on one language for Government action, po- tleman from Ohio [Mr. TRAFICANT]. that binds us together is English, and lices, documents and proceedings. (Mr. TRAFICANT asked and was my mother was right. I encourage ev- In conclusion, I support H.R. 123 because it given permission to revise and extend eryone to support the rule and to sup- helps recent immigrants by opening up to his remarks.) port the bill. them a land of opportunity. It will stop the Mr. TRAFICANT. Mr. Speaker, Mr. Speaker. As a cosponsor of H.R. 123, trend towards the separation and isolation. It America is a nation of immigrants. The English Language Empowerment Act, I will encourage assimilation. In supporting this Some came with knapsacks on their rise in strong support of this bill. We are proud bill I stand with 86 percent of Americans and shoulders, some came in chains and leg irons. of our Nation's ability to assimilate people 81 percent of immigrants who want to make But one thing America is not. Amer- from around the world into one cohesive soci- English the official language of the United ety. The purpose of H.R. 123 is to build upon ica is not a nation of separation. All States. our citizens are Americans. The com- our Nation's historic tradition as a melting pot Mr. BEILENSON. Mr. Speaker, I mon denominator is our language. Our of diverse cultures from around the world, and yield 2 minutes to the distinguished language is English. The glue that to bind us together through the use of English gentleman from Texas [Mr. DE LA binds generation after generation is as a common language. This bill establishes a GARZA]. both our Constitution and our English much needed uniform Government language Mr. DE LA GARZA. Mr. Speaker, I language. policy, promotes assimilation, saves taxpayers rise in opposition to the rule and to the Supporting programs that teach Eng- money, and empowers immigrants to realize legislation for a multiplicity of rea- lish, in my opinion, is not enough. Con- the American Dream for themselves. sons. gress must insure that America does This bill is needed because currently the One is that I saw a friend of mine re- not become a nation of separate com- Federal Government does not have a uniform cently, and this bill is making us the munities, separate tongues. national language policy on publishing docu- laughing stock of the world. He said, So, Mr. Speaker, I say it is time to ments or conducting its business. Whether you Americans are going to speak Eng- stop the politics of fear, politics of documents are published in a foreign lan- lish? I said, We do. But you are going hate, politics of division. It is one guage depends in large part upon which par- to make it the official language? It is. America, one people, one community, ticular Federal statute is involved. In addition, This just puts it a line on a piece of one Nation under God I might add, and over the past 20 years the Federal Govern- paper. to best achieve those goals, ideals, and ment has increased the official duties it per- My district begins with Hispanics, rights I believe is one official language. forms in other languages resulting in a very what we call Anglos, Czech, Slovak, If someone else can make a better costly de facto multi-language policy. This bill German, Polish, little Hungarian. That case for another language, I will listen. corrects this piecemeal approach by establish- is the makeup of my district in south Mr. Speaker, I support this rule, and ing English as the official language of the Unit- Texas. I support this bill and urge the Con- ed States Government and requires the Gov- All of them speak English. All of us gress to do so as well for the sake of ernment to conduct all its official business in speak English in one form or another. unity. English. But this is mean spirited, I do not care Mr. LINDER. Mr. Speaker, I yield 1 H.R. 123 will not only establish a uniform how we camouflage it. It is aiming at minute to my colleague, the gentleman national language policy for the Government, someone. It is aiming at a group in from California [Mr. MCKEON]. but it will promote assimilation of immigrants, California or some other place. We do Mr. MCKEON. Mr. Speaker, I rise in rather than isolation and separation. The cur- not want this. We do not want any strong support of H.R. 123, the English rent policy fails to encourage recent immi- more immigrants. We are going to shut Language Empowerment Act. H.R. 123 grants to learn English. The failure to encour- it out. provides encouragement for immi- age immigrants to earn English may be the What are we going to do to the Stat- grants to learn English. easy thing to do, but it is not the compas- ue of Liberty? I guess erase what it Today, when many immigrants reach sionate thing to do. The compassionate thing says on there. our shores, they settle in neighbor- to do is to encourage immigrants to learn Eng- This is a problem that we have. This hoods largely inhabited by people who lish. A firm grasp of the English language is a is mean spirited. It is camouflage. It is speak their native language. This is key to succeeding in America. trying to stop people from doing some- understandable, as it is much easier Learning English not only helps immigrants thing. and more comfortable to associate with assimilate, it is the key to having the oppor- English is the language of this coun- people of the same culture speaking a tunity to realize the American Dream. Studies try. That is what we speak. That is familiar language. However, to gain show that people who learn English earn more what we do. Everyone does that. My the full benefits of coming to this great for their families, and confirm that the ability to congressional district, we are teaching land, it is imperative to learn the Eng- speak English can make the difference be- the kids. But do you want to stop lish language. Learning English is nec- tween a low-wage job and a high-wage mana- something? Why do the big companies essary in order for immigrants to build gerial, professional, or technical job. In 1994, spend millions of dollars in Spanish on a better future for themselves and the Texas Office of Immigration and Refugee the billboards? To sell their product, to their families. Affairs publicized a study of Southeast Asian sell their product. Many of the bill’s opponents claim refugees in Texas. The study showed that in- that H.R. 123 will isolate our recent im- b 1215 dividuals proficient in English earned more migrants from the rest of society. than 20 times the annual income of those who Mr. Speaker, saying that the Govern- When in fact, it accomplishes the exact did not speak English. H.R. 123 empowers ment of the United States has to func- opposite—it brings us together as a na- each new generation of immigrants the oppor- tion solely in English is ridiculous, it tion united under one common lan- tunity to realize the American dream. is absurd. guage. Nothing in this bill would in any way limit the Now let me tell my colleagues some- Again, I urge my colleagues to sup- ability to individuals to speak their native thing. President Reagan stood in front port H.R. 123. tongue. This bill simply limits official Govern- of the wall in Berlin and says, ‘‘Mr. Mr. LINDER. Mr. Speaker, I yield 1 ment business to the English language. Gorbachev, tear down this wall.’’ Had minute to our colleague, the gentle- Not only does this bill benefit the immigrant, bailing wire and bricks and mortar; it woman from California [Mrs. it also benefits the taxpayer. There are hun- was torn down. SEASTRAND]. H9736 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Mrs. SEASTRAND. Mr. Speaker, I medal? When seeing that American flag But the point is we have to have a rise in very strong support of this leg- come down, I bet many of my col- common language in our country. This islation. leagues had tears in their eyes. That is not mean-spirited, this is not mali- Few Members here today on both was powerful. That was power. That cious. It is absurd for people who can- sides of this debate would argue the empowered not only Kerri Strug and not come up with an intellectual argu- fact that the United States is a coun- the gold winners, but the American ment to come back to that same old try of immigrants, each of whom, people. line: mean-spiritedness. This is com- through both their differences and How many of my colleagues have mon sense. So, Mr. Speaker, as we similarities, have contributed a great ever witnessed or participated in a would say in Japan: deal to the fabric of our society. As the swearing-in ceremony? I have, many of (Here, Member spoke in Japanese.) granddaughter of Polish immigrants, I them; and I want to tell my colleagues In French: can attest to this fact. when they stand up and they hold up (Here, Member spoke in French.) But the debate we are having today their hand, that is powerful and it is In Italian: is not about our differences, it is about strong and it empowers those immi- (Here, Member spoke in Italian.) our similarities. I am proud of my her- grants and the rest of the American Down home we say, ‘‘We’ll see you all itage—as are the many ethnic groups citizens. That is important. It is not later.’’ that make up the enormous cultural just law, it is empowerment of our chil- Mr. BEILENSON. Mr. Speaker, I diversity of this Nation. My grand- dren. yield such time as she may consume to parents and parents spoke Polish at Mr. Speaker, I look at over and over, the gentlewoman from Texas [Ms. home when I was growing up and I do there are 320 languages, over a thou- JACKSON-LEE]. not believe anyone here today will sand dialects, and the reason for the (Ms. JACKSON-LEE of Texas asked argue against the practice of commu- bill, this is the Bill Emerson bill, that and was given permission to revise and nicating in a language other than Eng- there is an increasing number of Amer- extend her remarks). lish. But they understood that master- ican citizens that do not understand, Ms. JACKSON-LEE of Texas. Mr. ing the English language was the key write, or communicate orally with the Speaker, I oppose the rule because it to opportunity, success, and prosperity English language, and we are saying makes Americans not Americans. It is in the United States. that in the thirties and the forties and a bad rule and a bad bill. It simply makes sense to make Eng- the fifties there was a different atti- Mr. BEILENSON. Mr. Speaker, I lish the official language of the United tude, that when one came they learned yield the balance of our time to the States, and vast amounts of Americans English, and over a period of time that gentleman from Texas, Mr. GENE agree. In 1986, 73 percent of California number is reduced, and we want to em- GREEN. voters overwhelmingly supported an power our children. The SPEAKER pro tempore (Mr. amendment to the Constitution to es- We are not building a wall, we are NETHERCUTT). The gentleman from tablish English as the official language tearing down a wall, because if I was Texas is recognized for 23⁄4 minutes. of California. So because of that, I mean-spirited, I would say: Stay where Mr. GENE GREEN of Texas. Mr. would ask that we strongly support you are. Don’t learn the English lan- Speaker, I rise in opposition to the bill this legislation. guage. Stay wherever you want in your and the rule. I consider the bill a dan- Mr. BEILENSON. Mr. Speaker, I little communities and not have a por- gerous bill, and unlike my colleague yield 1 minute to the distinguished tion of the American dream. from Georgia, English is our common gentleman from Arizona [Mr. PASTOR]. But no, Mr. Speaker, we are not language. I admit, in Texas we speak a (Mr. PASTOR asked and was given doing that. little different English from maybe in permission to revise and extend his re- Governor Clinton in Arkansas signed Georgia and New England, but we still marks.) a bill just like this one. Eighty nations speak English, and some Members in Mr. PASTOR. Mr. Speaker, all morn- in the world have signed their own lan- the House on both sides say that we do ing we have been told that the reason guage is a common language. not. 1 we are having this bill is because peo- Mr. LINDER. Mr. Speaker, I yield 1 ⁄2 The reason for the opposition to this ple are divided and English being offi- minutes to my colleague, the gen- bill is that my colleagues talk about cial would bring us together. tleman from Georgia [Mr. KINGSTON]. the bill, saying it is a common lan- Mr. KINGSTON. Mr. Speaker, can my But this bill only does one thing. It guage. That is not what the bill says. If colleagues see the absurdity of this prohibits a Federal public official from my colleagues brought a bill to the Congress and this Nation having a de- corresponding in a written form to his floor today that said English is a com- bate such as this: or her constituents. That is all it does. mon language, they would not have (Here, Member spoke in French.) any opposition to it because we would And, Mr. Speaker, the basic problem That is French in my own attempt. all agree with that. with this bill is that it is unconstitu- In Italian we could say: tional. The Ninth Circuit of the United (Here, Member spoke in Italian.) What this bill does, though, is sepa- States has found that such a bill is un- And I will try it in Japanese, Mr. rate it, prohibit the use of other lan- constitutional for two reasons: In Speaker: guages, and even this rule that we have many cases sometimes a public official (Here, Member spoke in Japanese.) today is limiting our freedom to debate has to correspond in a language other The interpretation is one language is on this bill. A lot of amendments Mem- than English because it is essential for important for our country. bers submitted to try and make this communication; and to have an effec- Now we can sit here and say and tell bill better and not so onerous were not tive government, Mr. Speaker, some- our children that it is not important to allowed in the Committee on Rules be- times we have to communicate in a have one, but it is absolutely absurd. cause of the modified closed rules we language other than English. Nations need a common language. are having, and once again we have a This is all that the bill does. It is un- My uncle was a Hungarian immi- rule that we do not get to debate the constitutional and I would ask Mem- grant. He spoke eight different lan- full bill itself. bers to vote ‘‘no.’’ guages. He was run out of Hungary by English is our official language. My Mr. LINDER. Mr. Speaker, I yield 2 Nazi Germany. But he did not come to opposition said 99 percent of the docu- minutes to the gentleman from Califor- America to say, ‘‘You need to start ments that are printed are printed in nia [Mr. CUNNINGHAM]. speaking Hungarian.’’ He said, ‘‘I’m English. This is a solution in search of Mr. CUNNINGHAM. Mr. Speaker, going to start speaking English.’’ He a problem, Mr. Speaker. Our language that is not all this bill does. Only one- kept his Hungarian. And my cousin classes for English in my district and tenth of 1 percent of all Federal docu- Clare, who was born in Spain, knew everywhere in the country are over- ments go out under current law. But some Hungarian, today she knows flowing. There is a waiting list now. law is more than just law, it is symbol- Spanish. My sister Jean knows Italian. They cannot advertise English lan- ogy. I minored in French. My colleagues guage classes in Houston because they How many of my colleagues watched would not believe it by the way my cannot fill them, and yet these are the Kerri Strug in the Olympics win a gold pronunciation was just then. same folks that cut education funding August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9737 for adult education. So do not come up Mr. CUNNINGHAM. Mr. Speaker, Foley Largent Riggs Forbes Latham Roberts and shed crocodile tears about how this is for the purpose of unanimous Fowler LaTourette Rohrabacher people ought to learn English when consent, to change the language on one Fox Laughlin Roth they cut adult education to people who of the amendments, like we did with Franks (CT) Leach Roukema want to learn English. Mr. Emerson. Franks (NJ) Lewis (CA) Royce Frelinghuysen Lewis (KY) Salmon This bill should be amended to recog- Mr. BECERRA. Reserving the right Frisa Lightfoot Sanford nize that English is our common lan- to object, Mr. Speaker, I am not sure Funderburk Linder Saxton guage because that is what their de- which amendment the gentleman is Gallegly Lipinski Scarborough Ganske Livingston Schaefer bate is about, but it is not. This rule talking about. Gekas LoBiondo Seastrand divides us and this bill divides us as Mr. CUNNINGHAM. Mr. Speaker, it Gilchrest Longley Sensenbrenner Americans, because we share more is their side’s amendment. I am trying Gillmor Lucas Shadegg than our language. We share our love to accommodate the gentleman, not us. Gilman Manton Shaw Goodlatte Manzullo Shays of freedom and our willingness to fight Mr. BECERRA. Again, Mr. Speaker, Goodling Martini Shuster for that freedom, no matter what our if we could find out what the change Graham McCrery Sisisky language is. And I thought that was would be before we decide. Greene (UT) McHugh Smith (MI) Greenwood McInnis Smith (NJ) aptly mentioned earlier by my col- Mr. CUNNINGHAM. It is right there Gunderson McIntosh Smith (TX) league from Puerto Rico. before the gentleman. Gutknecht McKeon Smith (WA) b 1230 Mr. BECERRA. Mr. Speaker, under Hamilton McNulty Solomon my reservation of objection, if I may Hancock Metcalf Souder This bill divides our country, because Hansen Meyers Spence ask the gentleman a question, if the we are united in more ways than lan- Hastert Mica Stearns gentleman is just providing some defi- Hastings (WA) Miller (FL) Stockman guage. Again, I will share with my col- nition to ‘‘Native American,’’ is that Hayworth Molinari Stump league from California, he says ‘‘Noth- Hefley Montgomery Talent the purpose of the gentleman’s amending typifies this more than the Olym- Hefner Moorhead Tate ment? Heineman Morella Tauzin pic spirit,’’ the unity we see, not just Mr. LINDER. Reserving the right to Herger Myers Taylor (MS) from around the world, but from the Hilleary Myrick Taylor (NC) object, Mr. Speaker, I think it is appro- United States team in Georgia. Hobson Nethercutt Thomas priate that we see what is precisely We are going into the 20th century, Hoekstra Neumann Thornberry being tried before we decide whether or Holden Ney Tiahrt and here this is a bill that I can imag- not to object. Horn Norwood Torkildsen ine would have been debated last cen- Hostettler Nussle Traficant Mr. CUNNINGHAM. Mr. Speaker, I tury. We are going into the 20th cen- Houghton Oxley Upton withdraw my unanimous-consent re- Hunter Packard Vucanovich tury, to try to make sure we can com- quest. Hutchinson Parker Walker pete in the world and compete every- Hyde Paxon Walsh The SPEAKER pro tempore. The gen- where, and yet we are going to punish Inglis Payne (VA) Wamp tleman from California [Mr. someone in my office who writes a let- Istook Peterson (MN) Watts (OK) CUNNINGHAM] withdraws his unani- Johnson (CT) Petri Weldon (FL) ter back to someone in German? mous-consent request. Johnson, Sam Pickett Weldon (PA) I know there is an amendment to cor- Jones Pombo Weller rect the bill, but it came out of com- Without objection, the previous ques- Kelly Porter White mittee, to punish Members of Congress tion is ordered on the resolution. Kim Portman Whitfield There was no objection. King Pryce Wicker for contacting, in response to people Kingston Quillen Wolf who write our office, whether it be in The SPEAKER pro tempore. The Klug Quinn Young (AK) Spanish, Czech, German, or Vietnam- question is on the resolution. Knollenberg Radanovich Zeliff The question was taken; and the Kolbe Ramstad Zimmer ese. They are going to clean it up, but LaHood Regula this bill should have been worked on Speaker pro tempore announced that NAYS—178 even more, because it is a bad bill and the ayes appeared to have it. it is a bad rule. Mr. BEILENSON. Mr. Speaker, I ob- Abercrombie Dooley Kaptur ject to the vote on the ground that a Ackerman Doyle Kennedy (MA) Mr. LINDER. Mr. Speaker, I yield Andrews Durbin Kennedy (RI) myself such time as I may consume. quorum is not present and make the Baesler Edwards Kennelly Mr. Speaker, in closing let me just point of order that a quorum is not Baldacci Engel Kildee say this is a modest attempt to do present. Barcia Ensign Kleczka The SPEAKER pro tempore. Evi- Barrett (WI) Eshoo Klink what the people of this country have Becerra Evans LaFalce wanted for some time in overwhelming dently a quorum is not present. Beilenson Farr Lantos numbers, to establish English as the The Sergeant at Arms will notify ab- Bentsen Fattah Lazio sent Members. Berman Fazio Levin first and official language of this coun- Bishop Fields (LA) Lewis (GA) try. The vote was taken by electronic de- Blumenauer Filner Lincoln For over 200 years, the glue that held vice, and there were—yeas 236, nays Bonior Flake Lofgren 178, not voting 19, as follows: Borski Foglietta Lowey the fabric of this society together was Boucher Frank (MA) Luther a common language. Thirty years ago, [Roll No. 388] Brown (CA) Frost Maloney we began to change that. We began to YEAS—236 Brown (FL) Furse Markey Brown (OH) Gejdenson Martinez deal with people in different languages. Allard Browder Cramer Bryant (TX) Gephardt Mascara Archer Bryant (TN) Crane That isolated them. This bill is going Bunn Geren Matsui Armey Bunning Crapo to bring them back together. The isola- Cardin Gibbons McCarthy Bachus Burr Cremeans Clay Gonzalez McDermott tion that was created by putting people Baker (CA) Burton Cubin Clayton Gordon McHale Baker (LA) Buyer Cunningham in pockets of communities that spoke a Clyburn Green (TX) McKinney Ballenger Callahan Danner different language kept them apart and Coleman Gutierrez Meehan Barr Calvert Davis Collins (IL) Hall (OH) Meek out of the American dream. This is a Barrett (NE) Camp Deal Collins (MI) Hall (TX) Menendez modest effort to change that. I urge Bartlett Campbell DeLay Condit Harman Millender- Barton Canady Dickey support for the rule. Costello Hastings (FL) McDonald Bass Castle Doolittle Mr. Speaker, I yield back the balance Coyne Hilliard Miller (CA) Bateman Chabot Dornan Cummings Hinchey Minge of my time, and I move the previous Bereuter Chambliss Dreier de la Garza Hoyer Mink Bevill Chenoweth Duncan question on the resolution. DeFazio Jackson (IL) Moakley Bilbray Christensen Dunn Mr. CUNNINGHAM. Mr. Speaker, I DeLauro Jackson-Lee Mollohan Bilirakis Chrysler Ehlers Dellums (TX) Moran ask unanimous consent to proceed in Bliley Clement Ehrlich Deutsch Jacobs Murtha order under the rule to accommodate Blute Clinger English Diaz-Balart Jefferson Nadler Boehlert Coble Everett the gentleman. Dicks Johnson (SD) Neal Boehner Coburn Ewing The SPEAKER pro tempore (Mr. Dingell Johnson, E. B. Obey Bonilla Collins (GA) Fawell Dixon Johnston Olver NETHERCUTT). Could the gentleman Bono Combest Fields (TX) Doggett Kanjorski Ortiz clarify his request? Brewster Cooley Flanagan H9738 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Orton Sabo Thornton tax relief for small businesses, to pro- is probably striking about the right Owens Sanders Thurman Pallone Sawyer Torres tect jobs, to create opportunities, to balance. I say that because this bill de- Pastor Schiff Torricelli increase the take home pay of workers, clares English the official language of Payne (NJ) Schroeder Velazquez to amend the Portal-to-Portal Act of the Government, not of the private Pelosi Scott Vento 1947 relating to the payment of wages businesses, not of churches, not of Pomeroy Serrano Visclosky Poshard Skaggs Volkmer to employees who use employer owned homes, not of neighborhoods; just the Rahall Skeen Ward vehicles, and to amend the Fair Labor Government. Furthermore, it then Rangel Slaughter Waters Standards Act of 1938 to increase the makes exceptions to the English re- Reed Spratt Watt (NC) Richardson Stenholm Waxman minimum wage rate and to prevent job quirement for the protection of public Rivers Stokes Williams loss by providing flexibility to employ- health and safety, national security, Roemer Studds Wilson ers complying with minimum wage and international relations, the teaching of Ros-Lehtinen Stupak Wise overtime requirements under that act, language, the rights of victims of Rose Tanner Woolsey Roybal-Allard Tejeda Wynn which was referred to the House Cal- crime, certain instances of civil litiga- Rush Thompson Yates endar and ordered to be printed. tion and others. NOT VOTING—19 f We have also included rules of construction to help clarify the intent of Brownback Hoke Schumer ENGLISH LANGUAGE the bill. So we have made a number of Chapman Kasich Skelton EMPOWERMENT ACT OF 1996 Conyers McCollum Stark changes to the original version of H.R. Cox McDade Towns The SPEAKER pro tempore (Mr. 123 which addresses the concerns for Ford Oberstar Young (FL) NETHERCUTT). Pursuant to House Reso- many Members. After all, it is the Eng- Goss Peterson (FL) Hayes Rogers lution 499 and rule XXIII, the Chair de- lish language that unites us, a Nation clares the House in the Committee of of many different immigrants as one b 1252 the Whole House on the State of the Nation. Ms. JACKSON-LEE of Texas changed Union for the consideration of the bill, Over and over again we see that it is her vote from ‘‘yea’’ to ‘‘nay.’’ H.R. 123. the English language which empowers So the resolution was agreed to. b 1257 each new generation of immigrants to The result of the vote was announced access the American dream. Declaring as above recorded. IN THE COMMITTEE OF THE WHOLE English the official language of Gov- A motion to reconsider was laid on Accordingly the House resolved itself ernment is the commonsense thing to the table. into the Committee of the Whole House do. We now have according to the Cen- on the State of the Union for the con- f sus Bureau, over 320 different lan- sideration of the bill (H.R. 123) to guages. The Federal Government al- PERSONAL EXPLANATION amend title 4, United States Code, to ready prints materials in Spanish, Por- declare English as the official language Mr. GOSS. Mr. Speaker, on rollcall No. 388, tuguese, French, Chinese, German, of the Government of the United I was detained by other official business else- Italian, Russian, Korean, Ukrainian, States, with Mr. HANSEN in the chair. Cambodian, and others; and the tax- where in the Capitol. Had I been present, I The Clerk read the title of the bill. would have voted ``yes.'' payers says, where does it stop? The CHAIRMAN. Pursuant to the President Clinton himself, as Gov- f rule, the bill is considered as having ernor of Arkansas, signed legislation REPORT ON RESOLUTION WAIVING been read the first time. making English the official language of POINTS OF ORDER AGAINST CON- Under the rule, the gentleman from the State of Arkansas, and about half FERENCE REPORT ON H.R. 3103, California [Mr. CUNNINGHAM] and the of the States have enacted the same HEALTH INSURANCE PORT- gentleman from Missouri [Mr. CLAY] kind of legislation. Again I remind all, ABILITY AND ACCOUNTABILITY each will control 30 minutes. this legislation is English as the offi- ACT OF 1996 The Chair recognizes the gentleman cial language of Government, not from California [Mr. CUNNINGHAM]. homes, not churches, not neighbor- Mr. LINDER, from the Committee on Mr. CUNNINGHAM. Mr. Chairman, I hoods, not the private sector. Rules, submitted a privileged report yield 15 minutes to the gentleman from Mr. Chairman, I include for the (Rept. No. 104–738) on the resolution (H. Florida [Mr. CANADY], and I ask unani- RECORD the following letter from the Res. 502) waiving points of order mous consent that he be permitted to gentleman from Ohio [Mr. SAWYER] against the conference report to ac- control that time. concerning his not appearing at the company the bill (H.R. 3103) to amend The CHAIRMAN. Is there objection committee markup on the final vote: the Internal Revenue Code of 1986 to to the request of the gentleman from improve portability and continuity of HOUSE OF REPRESENTATIVES, California? Washington, DC, July 25, 1996. health insurance coverage in the group There was no objection. Chairman WILLIAM GOODLING, and individual markets, to combat Mr. CUNNINGHAM. Mr. Chairman, I Committee on Economic and Educational Op- waste, fraud, and abuse in health insur- yield 2 minutes to the gentleman from portunities, Rayburn House Office Building, ance and health care delivery, to pro- Pennsylvania [Mr. GOODLING], chair- Washington, DC. mote the use of medical savings ac- man of the Committee on Economic DEAR CHAIRMAN GOODLING: Due to a speak- counts, to improve access to long-term and Educational Opportunities. ing engagement with constituents, I was un- care services and coverage, to simplify able to be present for the final vote on re- (Mr. GOODLING asked and was given porting the Cunningham Substitute to H.R. the administration of health insurance, permission to revise and extend his re- 123 out of the Committee on Economic and and for other purposes, which was remarks.) Educational Opportunities. ferred to the House Calendar and or- Mr. GOODLING. Mr. Chairman, dur- I would like to note for the record that if dered to be printed. ing the discussion on the rule, I am I had been present, I would have voted, f afraid the American people may have ‘‘nay.’’ gotten confused as to what legislation Sincerely, REPORT ON RESOLUTION WAIVING THOMAS C. SAWYER, is before us, because much of what was Member of Congress. POINTS OF ORDER AGAINST CON- said has nothing to do with the bill FERENCE REPORT ON H.R. 3448, that came from our committee. Today b 1300 SMALL BUSINESS JOB PROTEC- we are voting on H.R. 123, which is a Mr. CLAY. Mr. Chairman, I yield my- TION ACT OF 1996 bill introduced by the late Bill Emer- self 3 minutes. Mr. LINDER, from the Committee on son, former distinguished Member of Mr. Chairman, I agree that learning Rules, submitted a privileged report the body and a friend of many. English should be a priority goal for all (Rept. No. 104–739) on the resolution (H. Mr. Chairman, there are many things persons residing in the United States. Res. 503) waiving points of order in the bill that some people think went In fact, there is extremely high demand against the conference report to ac- too far. There are others that people for English language classes. Immi- company the bill (H.R. 3448) to provide think did not go far enough. I think it grants themselves recognize that in August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9739 order to better their own lot, and that Mr. CUNNINGHAM. Mr. Chairman, I Bilingual ballots were a means to of their families, learning English is yield 2 minutes to the gentlewoman remedy this alleged discrimination. imperative. New arrivals to our shores from New Jersey [Mrs. ROUKEMA]. However, when the use of bilingual bal- flood English as a second language (Mrs. ROUKEMA asked and was lots was last mandated in 1992, after 17 classes. In Washington, DC, 5,000 immi- given permission to revise and extend years of use, no statistical evidence grants were turned away from English her remarks.) was produced to show that bilingual classes in the 1994 school year. In New Mrs. ROUKEMA. Mr. Chairman, ballots had increased vote participa- York City, schools have had to resort quite frankly, this debate is totally tion by language minorities in any cov- to a lottery to determine enrollment. perplexing to me. It makes me wonder, ered jurisdiction. In Los Angeles, more than 40,000 appli- are we speaking here in English to each On April 18, 1996, the Subcommittee cants remain on waiting lists for Eng- other or are we talking in foreign on the Constitution held a hearing on lish classes. In my view, we should ex- tongues? I do not understand it. what is now title II of the bill before pand Federal support for English as the We are a nation of immigrants. As I the House. A number of distinguished second language and for bilingual edu- look around this Chamber, I see the witnesses testified that our society is cation programs. great melting pot personified by many becoming fragmented into linguistic My Republican colleagues character- of the Members in this House, and I am ghettos, and federally mandated bilin- ize this bill as commonsense legisla- no exception. gual ballots only encourage such frag- tion. But it is neither common sense Of course my married name is ROU- mentation. These witnesses testified nor common decency to mandate ex- KEMA, and my husband, in fact, is the that through the use of bilingual bal- clusive use of English while utterly only member of his family who was not lots, American citizens can exercise failing to address the practical need for born in Holland. They came here and the most public of rights while remain- adequate English-language prepara- were assimilated. My family name is ing apart from public life. Moreover, because of the arbitrary tion. Scafati. We were Italian-American im- and mechanical formula of the bilin- This bill is not a mere declaration of migrants, my grandparents on both sides, and their decision was to come to gual ballots mandate, there are many English as the official language of the covered jurisdictions who are required United States. It is hopelessly vague, America and be integrated into society as soon as possible. As a result, my to print foreign language ballots which ambiguous, unnecessary, unconstitu- are never requested or used. These elec- tional legislation, searching for a solu- grandparents and my parents learned English ASAP. It was important for tion materials are simply thrown in tion to a nonproblem. the trash after each election, but they With so little time remaining on the them. The example of my parents and must be printed due to the Federal legislative calendar, the Republican grandparents was clear, clear to me mandate. In certain jurisdictions the majority has chosen to engage in an then and clear to me now. They knew requirements of the law are extremely issue so potentially divisive. Instead of instinctively that English proficiency burdensome. Los Angeles County is re- empowering people in the use of Eng- was absolutely essential to their suc- quired under this Federal mandate to lish by ensuring adequate funds for cess, not because they were not proud conduct elections in six languages—in English as a second language classes, of their heritage but because they Chinese, Japanese, Vietnamese, Taga- this bill attempts to protect the Eng- knew mastering the language was im- log, Spanish, and English. In the No- lish language as though it were under portant to them and that they should vember 1994 general election, Los Ange- some bizarre attack by other lan- do it as quickly as possible. les County spent over $21 for each re- guages. They knew that proficiency would quested foreign language ballot. This bill will obstruct such basic help their family, their neighborhood, The Congressional Budget Office esti- Government functions as tax collec- and their whole community. Yes, they mates that repealing the Federal bilingual ballot mandate will result in sav- tion, disaster preparation, water and knew that English proficiency was ings of $5 to $10 million annually for resource conservation, and execution of good for the overall well-being of soci- covered State and local governments. civil and criminal laws and regula- ety and for the tradition, the more The mandate is expensive, ineffective, tions. What logical public policy could than 100 years tradition of the melting and wasteful. this bill possibly support? pot that united all of us in our hopes This fall, the United States Supreme Mr. Chairman, rather than enhancing and ideals as a nation. I must stress participation in our political system, Court will hear oral argument regard- this. ing the constitutionality of an article the bilingual ballots requirement de- Now we must take this definitive nies the essential connection between in the Arizona Constitution which de- step today to avoid that our Nation clares English the official language of meaningful participation in our na- should be so divided into many ethnic tional political discourse and knowl- the State and which mandates that all enclaves. I see that as a great threat to government business, with few excep- edge of the English language. Title II our national unity. of H.R. 123 removes from the Voting tions, be conducted only in English. In This legislation is not meant to pe- light of that, consideration of this leg- Rights Act the practice of providing nalize or to hold segments of our popu- federally mandated bilingual ballots, a islation is premature. lation back. Mr. Chairman, we are here As a matter of national policy, we practice which denies the common to encourage people arriving on our bond of language that unites us as a should support both expanded oppor- shores to be upwardly mobile and tunity to learn English and people. achieve economically and socially in Mr. Chairman, I reserve the balance multilingualism. For that reason, I this new society. of my time. wholeheartedly embrace the Serrano Mr. CANADY of Florida. Mr. Chair- Mr. CLAY. Mr. Chairman, I yield 3 substitute which views the diversity of man, I yield myself such time as I may minutes to the gentleman from Michi- our Nation, its people, its languages, consume. gan [Mr. KILDEE]. and its cultures, as something to cele- Mr. Chairman, in 1965, Congress en- Mr. KILDEE. Mr. Chairman, I rise in brate, not something to fear and resist. acted the Voting Rights Act to combat opposition to H.R. 3898. The Serrano substitute recognizes the discrimination against African-Ameri- Mr. Chairman, I have always worked, benefits of multilingualism in protect- cans who were being unconstitution- both as a teacher and as a legislator, to ing us in war, furthering our ability to ally denied the right to vote. It was not promote the use of English in this communicate with the nations of the until 1975 that Congress added a re- country. The law of necessity, of sur- world, and enhancing our competitive- quirement mandating that certain ju- vival, the law of economic success are ness in the global marketplace. risdictions provide voting materials in enough to motivate people to learn I urge my colleagues to reject H.R. languages other than English. The un- English. We must provide the oppor- 3898 and to support the Serrano Eng- derlying premise for this expansion of tunity to achieve proficiency in Eng- lish-Plus substitute. the law was that it was somehow dis- lish. Mr. Chairman, I reserve the balance criminatory to conduct an election in We need but look at the bill to see of my time. the English language. that its provisions do not even come H9740 CONGRESSIONAL RECORD — HOUSE August 1, 1996 close to its intentions: that English is In one case, the IRS produced 500,000 to be functional in English, and there the official language of this country 10W40 forms in Spanish and got 700 re- is no better way to help them become and that its citizens should speak Eng- plies back at $157 per form, and this functional in English than to say that lish. It does nothing to reverse the re- program is growing. I think it is time when doing business with the Govern- sults of 2 years of frontal attacks on to stop that. ment of the United States, it be done the bilingual education program which We are trying to set policy that is in the English language. helps children learn English, and does good for the Nation, and the policy we So what we are doing here I think is nothing to strengthen the adult edu- are trying to set is simply this: That helping people who come from other cation program which helps adults the Federal Government is going to countries where English is not the lan- learn English. conduct its business in the unifying guage to become part of America. To In the States and cities which are language of America because that is most heavily impacted by immigrants, achieve the American dream. To good policy. achieve their own individual human po- new entrants can languish for years on The formula for success has been and tential. And this is one small step in waiting lists to enter English language always will be a command and knowl- allowing them to do so. programs. In Los Angeles there are edge of the language and a good work 40,000 applicants for English language ethic, and the policies we should be set- Mr. Chairman, I submit the following classes. In Washington, DC, the Na- ting in this country should bring out for the RECORD. tion’s Capital and the place in which the best in Americans. I rise in strong of H.R. 123, the English Lan- this debate is taking place, 5,000 immi- Where do we stop with 320 languages guage Empowerment Act of 1996. I believe it grants were turned away from English to accommodate? I think it is not un- is essential to have English as the official lan- classes in 1 year alone. reasonable to ask the Federal Govern- Do my colleagues think these new guage of our National Government, for the ment to conduct its business in the English language is the tie that binds the mil- Americans have in any way dem- unifying language of this Nation, and onstrated an unwillingness to learn the lions of immigrants who come to America from to do otherwise is impractical. divergent backgrounds. We should, and do, language of their new country? No, of There are many exceptions in the bill course not, but they will be punished encourage immigrants to maintain and share that are commonsense based. Some their traditions, customs, and religions, but the anyway. people ask about phrases on money. We Mr. Chairman, I am pleased that the use of English is essential for immigrants and have an exception for art and phrases bill before us today does correct a prob- their children to participate fully in American that are commonly used in other lan- lem which the gentleman from Califor- society and achieve the American dream. guages. We have a health and safety ex- nia [Mr. CUNNINGHAM] said he would ception for the EPA to notify a com- Importantly, title II of this bill repeals the correct with respect to the Americans munity about a dangerous situation Federal mandate requiring certain commu- With Disabilities Act. This bill before with drinking water. nities to provide bilingual ballots. This directive us today provides an exemption for The exceptions are sound, this is a of the Voting Rights Act is unnecessary and children served under this program. good bill, and there is a good reason we costly. The Voting Rights Act of 1965 was There are, in fact, 10 exemptions to are doing this. I ask for Members’ sup- originally intended to put a stop to racial bar- this bill. To me, the fact that we have port. riers to voting in the South, such as literacy this many exemptions in the bill re- tests. English-only ballots are simply not the veals that there is a problem with the Mr. CANADY of Florida. Mr. Chair- man, I yield 2 minutes to the gen- equivalent, or even comparable, to the racially bill. abused literacy tests of the South. Mr. Chairman, I urge my colleagues tleman from Wisconsin [Mr. SENSEN- to reject this unnecessary legislation. BRENNER]. Applicants for American citizenship, with It will not wear well. It does not serve (Mr. SENSENBRENNER asked and some limited exceptions, have been required our country well. Let us provide the was given permission to revise and ex- to demonstrate proficiency in English since means for people to learn English in tend his remarks.) 1906. Since only citizens may vote, the ration- this country. Mr. SENSENBRENNER. Mr. Chair- ale for mandatory multilingual voting services Mr. CUNNINGHAM. Mr. Chairman, I man, I rise in support of H.R. 123, is perplexing. One of the reasons we require yield 2 minutes to the gentleman from which declares English to be the offi- immigrants to learn English before they natu- South Carolina [Mr. GRAHAM]. cial language of the Government of the ralize is that a person who cannot understand Mr. GRAHAM. Mr. Chairman, I thank United States. English will not be able to participate in the the gentleman for yielding me this b 1315 political community in any but the most limited time. capacity. Bilingual ballots are not an effective Mr. Chairman, let us try to answer The Government of the United means of increasing full political participation, the why question. Why are we doing States. And simply stated, that means for they are used by citizens who are obvi- this? We are asking that English be the when one does business with the Gov- ously not proficient in English, and those who official language of government. I ernment of the United States, one does are not proficient in English, in most cases, think it is important for the folks lis- it in the English language. cannot follow a political campaign, talk with tening to understand what we are try- We have heard a lot about the fact candidates, or petition their representatives. that English is a unifying force which ing to do and what we are not doing. I believe it is necessary to clarify what re- We are trying to make sure that this has brought millions of immigrants pealing the bilingual ballot requirement does Government conducts the language of over the years together in this coun- not do. This bill does not affect laws outlawing its business in English, because that is try, and I think that is a true state- the one unifying thing about America, ment, but I also think it is important voter discrimination. It does not propose a lit- is that that is the formula for success for us to look to the north and to Bel- eracy test. It does not preclude anyone from in America, a good work ethic and a gium to see how bilingualism and voting, even if they do not know English. command and knowledge of the lan- multilingualism has been a dividing There are effective alternatives to federally guage. force in those countries. And it has. mandated bilingual ballots, especially where We are not asking people to give up Neither in Canada nor in Belgium over complicated ballot initiatives are involved. For- their culture, we are not asking people literally centuries has there been a foreign language newspapers have the free to stop teaching languages, we are not mula devised to bring unity to those speech right to publish sample ballots trans- asking people to interact only in Eng- countries that have been divided, not lated from English, and voters can take these lish. We are asking the Federal Govern- along religious or ethnic lines but sample ballots into the voting booth. Under ment to do its business in English. And along language lines. this bill, a political party or interest group is one of the reasons we are asking for But irrespective of whether this bill perfectly free to issue multilingual voting mate- that to be done is there is a growing is adopted, English is the language of rials. States can choose to allow voters to trend in this country to accommodate commerce. If someone comes from a bring a friend or relative in the booth with 320 different languages in terms of the non-English speaking country to the them, absentee ballots can be filled out at Federal Government conducting its United States, in order for them to home with assistance, and ethnic organiza- business. achieve the American dream they have tions can provide bilingual sample ballots and August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9741 voter information pamphlets. Furthermore, al- have before us, signed by then-Gov- Mr. CLAY. Mr. Chairman, I yield though this bill eliminates the unfunded man- ernor Bill Clinton, now President Clin- such time as she may consume to the date on the States, States are still free to sup- ton, making English the official lan- gentlewoman from California [Ms. ply ballots in foreign languages, if that is what guage of the State of Arkansas. Gov- PELOSI]. the voters demand. ernor Clinton signed that law. I hope (Ms. PELOSI asked and was given According to a recent survey, more than 80 he will sign this bill as well. permission to revise and extend her re- percent of Americans, including immigrants, My legislative director’s grand- marks.) support making English the official language of parents were immigrants from Norway. Ms. PELOSI. Mr. Chairman, I thank the United States. I urge my colleagues to They came over on a boat. They the gentleman for yielding, and I rise heed the call of the American people and vote learned English. They taught their in strong opposition to this cynical at- in favor of this bill. children English. They assimilated in tempt to drive a wedge into our soci- Mr. CLAY. Mr. Chairman, I yield 1 our culture and they lived the Amer- ety. minute to the gentleman from Mary- ican dream. They still revere their Nor- Mr. Chairman, I rise in strong opposition to land [Mr. HOYER]. wegian heritage. They still cherish the legislation before us today. (Mr. HOYER asked and was given that tradition, but they knew that This bill is another battle in the war against permission to revise and extend his re- English was part of becoming Ameri- children in this Congress. Eliminating bilingual marks.) cans. education could increase dropout rates and Mr. HOYER. Mr. Chairman, I rise in Mr. Chairman, I think this bill is hurt the ability of immigrant children to adapt opposition to this legislation. For over very reasonable. It takes a reasonable successfully in this country. A quality edu- a decade I have chaired the Helsinki approach; it makes good sense. We can cation is the key to a better way of life. People Commission. That commission is dedi- honor the diverse backgrounds that are come to this country in search of that better cated to the principles set forth in the present in our society while at the way of life. Helsinki Final Act that we will treat same time emphasize the common bond We can only benefit by providing opportuni- diversity in all our nations with re- that we have in the English language. ties for all people to become productive mem- spect and integrity. I urge an aye vote on this bill. bers of our society, especially young children The fact of the matter is we passed a Mr. CANADY of Florida. Mr. Chair- with bright futures ahead of them. Everyone in resolution on this floor unanimously man, I yield 2 minutes to the gen- this Nation wants the same thingsÐsecurity regarding Kosova in which we urged tleman from Virginia [Mr. GOODLATTE]. and opportunities for themselves and their and asked the Serbians to make sure (Mr. GOODLATTE asked and was children. This legislation is unnecessary, discriminatory, and would deny opportunities to that in Kosova they would be taught in given permission to revise and extend everyone who is perceived to be different. the language that they knew, not Ser- his remarks.) Mr. GOODLATTE. Mr. Chairman, I This is an appropriate time to remember bian, that they knew. So that on the rise is strong support of H.R. 123, and I that our Nation was settled by those who one hand we urge nations of the world commend my colleagues for bringing spoke languages other than English. Their to be respecters of differences while in this legislation forward. This was proud heritages are reflected in those who in- our own Nation we retreat from that pushed for many years by our recently habit this beautiful and diverse country. principle. We ought not to do that. departed colleague, Bill Emerson. Bill The majority feels that a national language The language of America is English. would be exceedingly proud today to policy will fix what they deem to be a problem Indeed, my friends, the language of the see us moving forward on this legisla- with our common language. Yet, according to world is fast becoming English. The tion. the 1990 Census, English is spoken by 97 tide is not against English or America; Today, 79 nations have an official percent of the U.S. population. English as a the tide is for us. We do not need to act language. Government documents in second language classes are so popular that in fear or in chauvinism or in jingoism. France, Germany, Japan, and Austria in Los Angeles instruction is available 24 Reject this legislation. are printed only in one language. So hours a day. Waiting lists for ESL classes are Mr. CUNNINGHAM. Mr. Chairman, I what happens in those countries that overflowing with thousands of people. Lan- yield 2 minutes to the gentleman from have gone the opposite direction pro- guage minorities fully understand and appre- Arkansas [Mr. HUTCHINSON], who draft- moting multilingualism? We do not ciate that it is imperative to learn English to ed this same bill in Arkansas, which have to look very far to find that. succeed in this country and make determined Governor Clinton then signed. The comment of the chairman of the efforts to do so. Mr. HUTCHINSON. Mr. Chairman, I Royal Commission on Canada’s Future Yesterday this House voted to deny benefits thank the gentleman for yielding, and about the multilingual policy of Can- and opportunities to legal immigrants. Today I rise in strong support of this bill ada stated that it was an anthology of we are voting on this legislation to deny ac- which makes English the official lan- terrors causing Balkanization. Very cess to Government to language minorities. If guage of the U.S. Government. appropriate, considering the gentle- this legislation passes, we make a mockery of Mr. Chairman, I believe it is our val- man’s comments about what is going our proud designation as a nation of immi- ues and our ideals that ultimately bind on in the former Yugoslavia; ghetto grants. us together as a nation. But it is the mentalities; the destabilization of Que- If this legislation passes, the message will English language which serves as the bec; reverse intolerance by immigrants ring loud and clear that this House does not means by which we can communicate for Canadian institutions; and the de- value the richness or diversity of life experi- these values to those around us. Our valuation of the very idea of a common ences that are woven into the colorful fabric of common language, English, is that nationality. our Nation. We cannot mandate which unites us. Are we heading in that direction in narrowmindedness and discrimination. That is Eight-six percent of all Americans the United States? Consider this: 40 already in evidence in this country. So is the support establishing English as the of- million Americans will be non-English desire for language minorities to speak Eng- ficial language of the U.S. Government. language proficient by the year 2000; lish. We don't need to mandate that either. In fact, in a recent survey, telephone 375 voting districts in 21 States are now If, as its proponents maintain, the purpose survey, taken in a section of my dis- required by the Federal Government to of this legislation is to give more language mi- trict in northwest Arkansas, it was provide voting ballots and election ma- norities a better chance to learn the English found that 97 percent of those polled terials in foreign languages; 115 lan- language, let's do something about it by in- approved of declaring English as the of- guages are spoken in the New York creasing funding for bilingual education and ficial language of our Government. City schools; driver’s license exams are ESL classes. This is nothing but xenophobic I think the numbers speak for them- offered in 31 languages in California. political posturing and I urge my colleagues to selves, Mr. Chairman. Nearly half the Six languages were on the ballot in vote against this distinctly un-American legisla- States in our country have established the last mayoral election in Los Ange- tion. official English laws, including my les. Opponents have accused this bill of Mr. CLAY. Mr. Chairman, I yield 1 home State of Arkansas. being mean-spirited. Nothing could be minute to the gentleman from Califor- In 1987, as a second term legislator in further from the truth. We want to nia [Mr. BECERRA]. the Arkansas General Assembly, I co- raise immigrants up and help them get Mr. BECERRA. Mr. Chairman, I sponsored this legislation which we ahead. This is the way to help. thank the gentleman for yielding. H9742 CONGRESSIONAL RECORD — HOUSE August 1, 1996 If my colleagues are somewhat con- Mr. CANADY of Florida. Mr. Chair- every Chinese-American; we should see fused in this debate, I can understand man I yield 11⁄2 minutes to the gen- them as an asset to help teach us Chi- why. Everyone both for and against tleman from Georgia [Mr. BARR]. nese. There are Slavic people who are this bill is saying English is the lan- Mr. BARR of Georgia. Mr. Chairman, now in the middle class traveling to guage of this country, and it is. And it in reviewing my file on the English this country as tourists. We should be always will be. And as the gentleman language bill, I came across a letter learning the Slavic languages and any from Maryland [Mr. HOYER] said, it dated November 10, 1994, 2 days after Slavic-speaking Americans, Russian, probably soon will become the lan- the elections of 1994 in which I was Yugoslavian, Hungarian; all of those guage of the world. elected to represent the people of the people should be seen as assets in the So why are we here debating a bill seventh district to the United States, country, assets. Let them teach us the and why are there people opposed to it? and this letter, a ‘‘Dear Colleague,’’ is language so that we are better able to Because what we want and what we written by Bill Emerson from the great be able to deal with those people who wish and what we intend must be very State of Missouri. come over here as tourists to spend clear in what we write. And unfortu- He wrote me even long before I had their money and to make our economy nately, what is written, it is not what been sworn into the Congress about a go. For the sake of the prosperity of people are saying. dream of his, a dream that 1 day he the country, for the national security Mr. Chairman, what is written is would witness, with the support of peo- of the country we need bilingual citi- completely opposite of what people are ple he hoped like myself as a new Mem- zens. saying. There is nothing in this bill ber of Congress and so many other of We need English plus, not English that will help teach those who wish to his colleagues, that our country, our only. learn English the language. There is Congress would take a step forward of Mr. CUNNINGHAM. Mr. Chairman, I nothing in this bill that will promote unity, brotherhood, and common good- reserve the balance of my time. those who are wishing to learn English will, and that is to enact his language Mr. CANADY of Florida. Mr. Chair- the language. What this bill will do is of government act. man, I reserve the balance of my time. strangle those who are taking classes Mr. Chairman, there was not a divi- Mr. CLAY. Mr. Chairman, I yield 30 trying to learn, and that is why those sive or mean-spirited bone in Bill Em- seconds to the gentleman from Texas of us who are standing here saying erson’s body. And he believed so [Mr. DE LA GARZA]. strongly in this dream that the very English is the language of America will Mr. DE LA GARZA. Mr. Chairman, first letter that I, and probably every be strangled, those people will be why, why, why? I listen to my good other newly elected Member received strangled from ever having the chance friend, the gentleman from California within 2 days after we were elected to to truly learn the language well. [Mr. CUNNINGHAM]. I agree with him. I This is not a bill to send a message. the Congress, was a very positive, listen to the gentleman from Penn- This is a bill that will strangle those warm letter from him asking us to sign sylvania [Mr. GOODLING]. I agree with trying to learn English. on to this legislation. him. Mr. GOODLING said this does not I immediately called his office. Mr. CUNNINGHAM. Mr. Chairman, I mean anything, only the Government, Signed on, and became the first origi- yield 11⁄2 minutes to the great gen- the Government, the Government. We nal cosponsor of this legislation. And I tleman from Texas, Mr. SAM JOHNSON. have to teach, we have to educate peo- (Mr. SAM JOHNSON of Texas asked am honored today here, Mr. Chairman, ple. If this does not do anything, what and was given permission to revise and to stand up and say, let us make Bill it will do is you can pound your chest extend his remarks.) Emerson’s dream a reality, and pass and say, we put one line in the law that Mr. SAM JOHNSON of Texas. Mr. this important legislation. says that English is the language of 1⁄2 Chairman, the gentleman from Califor- Mr. CLAY. Mr. Chairman, I yield 1 our Government. Fine. Go pound your minutes to the gentleman from New nia [Mr. BECERRA] is in error. We are chest, but the world will laugh at us. York [Mr. OWENS]. trying to get language as the official Why? Why? Why? (Mr. OWENS asked and was given language of our Government. This Eng- Mr. CLAY. Mr. Chairman, I yield 2 permission to revise and extend his re- lish Empowerment Act states English minutes to the gentlewoman from Ha- marks.) is the official language of the U.S. Gov- Mr. OWENS. Mr. Chairman, a U.S. waii [Mrs. MINK]. Mrs. MINK of Hawaii. Mr. Chairman, ernment and requires English be used Government English-only policy would, this bill that we are considering is en- in Government actions, documents, at best, be counterproductive, isola- titled, ‘‘This act may be cited as the and policies. tionist, and simpleminded; at worse an English Language Empowerment Act.’’ Despite some of the rhetoric we are English-only policy is an elitist, big- I see nothing in this bill that empowers hearing today, it is not a radical idea. oted, and racist policy. English plus, anybody in terms of becoming better In fact, more than 80 percent of all the amendment to be offered later by acquainted with English or more pro- Americans support English as the offi- the gentleman from New York [Mr. cial language. It is about time we ac- ficient. There is not a penny being SERRANO], is the way we should go. knowledged that one of the most im- Yes, English is the official language spent for education to promote Eng- portant things we can do to help indi- of the country. We do not have to pro- lish. We look at the education budget viduals succeed in America is to en- claim that. But English plus is the way and it is being cut. What this bill real- courage them to learn our common we should go if we want to go into the ly is doing is to confine, to restrict the language. 21st century with the advantage that programs and opportunities for people A recent study of Asian refugees by we need for international trade pur- who are not proficient in English from the State of Texas shows that those in- poses. This bill originates from the participating in all of the fullness and dividuals who attained proficiency in people who brought us GATT and who richness of this society. It really de- English earn over 20 times the annual brought us NAFTA, who emphasized grades the whole notion of our open so- income of those who do not speak Eng- international trade. Why would these ciety, accessible to everybody legally lish. Learning English will enable im- same people want to go backward and within its borders. The moment we say something can- migrants to do what they came here to deemphasize bilingualism? Why not sa- not be printed in anything else other do: achieve the American dream. lute the people who speak additional than English, we are punishing that We must reverse the failed policies of languages? Why not have every Amer- small sector of our society who are not the 1960’s and 1970’s. America is a di- ican try to become bilingual? verse Nation; however, we must bind Let us go in the opposite direction a threat to our democracy. Less than 5 the strength that comes from Ameri- for purposes of trade, for purposes of percent of our people in the census said ca’s diversity with our common lan- commerce, for purposes of inter- they were not proficient in English. guage. Let us stop dividing Americans national tourism. They are not a threat at all. Yet we are and do something to bring them to- seeking to deny access to the Govern- gether. b 1330 ment by refusing to allow Government Vote for the English Empowerment There are a billion Chinese in the agencies from printing documents ex- Act to do this now. world. We certainly should appreciate plaining how to get into programs, how August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9743 to apply for business loans, how to achieve what we want to empower I encourage all my colleagues to support really make themselves much more a them with, not by raising barriers of this nonpartisan, overwhelmingly popular piece part, an integral part, of this society. misunderstanding. How do we think of legislation. As Members of Congress, we If we want to empower all these indi- that the people who speak a different have an obligation to ensure that non-English viduals in our community, regardless language feel about it? speaking citizens have an incentive to learn of what their ethnic origin is or where I oppose this bill, Mr. Chairman. I English so they can prosper and fully partake they came from, it seems to me that think this is a bill that would raise dif- of all the economic, social, and political oppor- we have to find ways in which to em- ficulties where there are none existing tunities that exist in this great country. brace them, not to leave them out. at this moment. Mr. CANADY of Florida. Mr. Chair- This bill excludes opportunity con- Mr. CANADY of Florida. Mr. Chair- man, I yield 2 minutes to the gen- tained in all the bills that we have man, I yield such time as he may tleman from Ohio [Mr. HOKE]. passed; it says they are repealed. If we consume to the gentleman from Illi- Mr. HOKE. Mr. Chairman, my mater- said anything previously about opening nois [Mr. LIPINSKI]. nal grandparents were Romanian im- up government and creating access for (Mr. LIPINSKI asked and was given migrants. They came to this country people who are not proficient in Eng- permission to revise and extend his re- at the turn of the century. My grand- lish, those are repealed. There is a remarks.) father learned to speak English from pealer paragraph in this bill. Mr. LIPINSKI. Mr. Chairman, I rise his two daughters, my mother and my Mr. Chairman, this is not an in strong support of this legislation. aunt, whom he sent to college in Cleve- empowerment. It is denial. Mr. Chairman, I rise today in support of H.R. land, Florastone Mather College and Mr. CLAY. Mr. Chairman, I yield 2 123, the English as the Common Language of Kent State University. My mother minutes to the distinguished gen- Government Act. This bill declares English to went on to the University of Penn- tleman from the Commonwealth of be the official language of the U.S. Govern- sylvania Law School, and my aunt Puerto Rico [Mr. ROMERO-BARCELO´ ]. ment, and requires the Federal Government to went on to Kent State and got a mas- (Mr. ROMERO-BARCELO´ asked and conduct its official business in English. The ter’s degree in education. was given permission to revise and ex- measure also requires that all naturalization I am sorry that my grandfather could tend his remarks.) ceremonies be conducted entirely in English. not live long enough to see his grand- Mr. ROMERO-BARCELO´ . Mr. Chair- There is nothing radical or racist about de- son, the grandson of a Romanian immi- man, I rise against the bill. claring English the official language of the grant, become a Member of the U.S. English is universally acknowledged United States. By providing a means to com- Congress. But I do know that he be- as the common language of the United municate across ethnic and racial lines, a lieved very strongly, as did my grand- States. It is the language of oppor- common language unites people and elimi- mother, that English was a unifying tunity. It is the language of banking nates misunderstanding, segregation, distrust, force, as the language, as the expres- and business, the language of the and discord. English is our single shared lan- sion of what brings us together as a courts and the primary language of in- guage. It is the one language that crosses all people, that emphasizes our likeness, struction in the schools throughout the ethnic, racial, and religious backgrounds and our commonality. It is, in fact, the es- Nation. allows diverse Americans to share their multi- sence of what makes us, allows us to Now, what is the purpose of this bill? cultural backgrounds. become the melting pot, that while We hear the proponents say that there Declaring English as the official language continuing to celebrate his ethnicity, is not any prejudice involved in this will provide an incentive for immigrants to his Romanian-ness, if you will, and al- proposal, that this is not a mean-spir- learn English. Throughout our history, new ways having great respect for that, ited bill, that it is going to open oppor- Americans were proud to learn to speak, read there was another love that he had. tunities and empower those that can- and write English. They knew that English was That was a love for this Nation. It was the kind of love and patriotic not speak English. the key to assimilating to their new country. fervor that only I have seen in immi- I would like to ask, how do we em- English was necessary to take advantage of grants, that only seems to be a part of power someone by requiring that he all the opportunities that America had to offer. the heart of people who come here to speak in English when he cannot, by Yet, today there are more than 32 million give to this Nation and build it and be requiring that the documents that are Americans who are not proficient in English. In constructive and make it something sent by the Federal Government to him many cities, immigrants can live, work, and great, because they want to be a part must be printed in English even though play without ever knowing a word of English. of what it means to be American with- he cannot understand them? Why can The Federal Government caters to these im- out forgetting where they came from. the Government not open doors, as migrants by providing programs and services Part of what it means to be Amer- they have been opened until now, to in their native tongue, discouraging them from ican is to speak a common language, service its citizens as best it can and learning English. According to the General Ac- the common language of English. That not be raising barriers of misunder- counting Office, the Federal Government, be- is what this bill is about in terms of standing and creating difficulties in tween 1990 and 1994, printed more than 250 making clear that our official language the service to the citizens? official documents in other languages. Even of government is English. Language is supposed to be used for swearing-in ceremonies for naturalized Amer- Mr. CLAY. Mr. Chairman, I yield 2 communication, not to be raised as a ican citizens have taken place in other lan- minutes to the gentleman from Ohio barrier, to prejudice, as a barrier to im- guages. [Mr. SAWYER]. pede other people from achieving their Making English official will let immigrants (Mr. SAWYER asked and was given rights and fulfilling their obligations. know that they have no right to receive public permission to revise and extend his re- If one cannot receive proper informa- services in any other language. Most Federal marks.) tion about what their obligations are Government businessÐdocuments, meetings, Mr. SAWYER. Mr. Chairman, I rise and because they do not understand records, legislation, and ceremoniesÐwill be in support of some of the things that the language, how can they then be rein English. This is a tremendous incentive for we have heard recently from the other quired to fulfill the obligations? new citizens to learn English so that they may side in this debate. It is true that no This is empowering? It would be like participate fully in American society. element of human experience defines saying that people who cannot read H.R. 123 does not prohibit languages other our common humanity more deeply and write, let us then pass a law that than English to be used in nongovernmental than language and no element in our in order to vote they have to be able to settings. It simply states that English is the culture more fully and deeply defines read and write and that way we are em- language in which all official U.S. Government that culture than our language. powering the illiterates in America. Is business will be conducted. Official English English is spoken more broadly that a sound argument? Is that sound does not infringe on individual rights, nor does throughout the world than any other reasoning? How do we empower anyone it prevent immigrants from preserving their cul- language. It is composed of elements by requiring? tures and languages in their personal lives. It gathered from the languages of the By stimulating, we empower people; does, however, encourage immigrants to learn globe and, for these reasons and others, by fostering, we empower people, by English in order to fully participate in Govern- it is arguably the richest spoken lan- giving them the means by which to ment. guage anywhere on Earth. We should H9744 CONGRESSIONAL RECORD — HOUSE August 1, 1996 be proud of that richness and encour- 123. This legislation is at best mis- b 1345 age it. guided; at worst, mean spirited, and Mr. CLAY. Mr. Chairman, I yield 2 It appeals to our pride, to our simple does not reflect the America I know minutes to the gentleman from Califor- patriotism. But in the end it also plays nor the community that I serve. nia [Mr. MARTINEZ]. on some of our worst fears. There is, If we wanted to simply declare the (Mr. MARTINEZ asked and was given unfortunately, abroad in the world a obvious and designate English as the permission to revise and extend his re- drift toward insularity and, in some official language, it would not be dif- marks.) corners of North America and Asia and ficult. We could do it without con- Mr. MARTINEZ. Mr. Chairman, I rise Europe, a rush to isolation, a xeno- troversy. It would be easy to provide in opposition to this bill, not that I am phobia that is grounded in fear and ha- necessary guidelines, if we feel some of in opposition to English being the offi- tred. the current legislation dealing with bi- cial language. I support English being It harkens to a time some 60 years lingual requirements need tightening the English language. If my colleagues ago when one of the world’s great ora- up. But the trail of exceptions in this did that poll and called my house and tors played on simple patriotism bill are an admission to the flaw that it asked me or any of mine if they sup- among his countrymen to heighten the is inappropriate to deny the tools to ported English as the official language, fears and hatred of a few with appeals deal with citizens in the best way to I would say yes, so I would be a part of that were couched in phrases like one help meet their needs. that percentage that they include in land, one language, one leader. That is being in support of English as the offi- Monday this House unanimously de- dangerous.0 cial language. But I do not support this clared that it is the sense of Congress I do not impute that motive to any- bill. This bill to me is simply another that the government of Serbia should body on this floor. But English is the way that we as leaders of the country ensure the rights of its Albanian mi- official language of our Nation. Tens of are polarizing the people of this coun- nority to be educated in their native thousands wait in line to elevate their try. language rather than in Serbian. Far mastery of English. We will be offering Now I hear the other side saying that more native born Americans of Mexi- an amendment later today that will this is uniting the people. How can we can ancestry live in the former Mexi- provide the tools to make language in- arrive at the conclusion that this is can provinces of Texas and California struction available to all who hunger uniting people; this is doing nothing than the 2 million Albanians which for it and thereby to take concrete, more than dividing people. We as lead- this Congress expressed their concern positive steps to bring about the unity ers have the responsibility to unite that they would be able to be educated that everyone on this floor argues for people. in their native language. With this bill, today. I can remember great crises in the I oppose the bill but hope that we can we are saying that what is fair and just past where the people came together. support English plus as a workable, for the minority people of Serbia is World War II is the greatest example. practical alternative to the bill that is just too good for the non-Engish-speak- People of different colors and different before us now. ing minorities of the United States. ethnic backgrounds, and different reli- Mr. Chairman, I rise today in strong opposi- The proponents of this English only gions stood shoulder, to shoulder, to tion to H.R. 123 because I do not believe that legislation, Mr. Chairman, ought to ac- fight an enemy because we were at- we need to make English the official language knowledge that we either believe that tacked, and they were proud of it, and of government. The simple fact is that English people have a right to be educated in they were proud of their compatriots in already is our unifying national language. And their native language or we do not, ei- war. But today, this way we are going, we when we recognize that only 0.06 percent of ther we provide English instruction to are dividing these very same people government documents are printed in lan- non-English speakers or we do not. Let against each other, and this bill I guages other than English, the lack of any us drop the hypocrisy, the doublespeak would not call the promotion of Eng- need for this legislation seems clear. and acknowledge in plain English that lish as the official language. I would I agree that learning English should be a at best this bill makes the business of call it the promotion of polarizing priority for all persons residing in the United government harder. At worst, it pan- ders to prejudice. America. That is what I would call it. States. But in an increasingly global economy, Let me tell my colleagues something. literacy in a number of languages is a clear Mr. CUNNINGHAM. Mr. Chairman, I I have been here probably more genera- advantageÐand, in some cases, a necessity. yield 30 seconds to the gentleman from tions than anybody on that side, and I The more literate an individual is, the better California [Mr. LEWIS]. speak English. My children do not equipped he or she is to adapt to the rapid (Mr. LEWIS of California asked and speak Spanish. I speak in Spanish very pace of economic change. was given permission to revise and ex- badly; I learned after I got to Congress. Immigrants realize that learning English is tend his remarks.) My ancestors, my parents, they spoke essential to their own economic success. That Mr. LEWIS of California. Mr. Chair- English, and they spoke English well; is why English classes are running 24 hours a man, one of my great frustrations is but they also spoke Spanish, and their day in many parts of the country and thou- that over the years I have felt that parents before them. sands of people are currently on waiting lists. those of us who live in southern Cali- What does it take to make those peo- But that does not mean that real literacy in fornia indeed should learn and read and ple understand that the people in the other languages is not also an important skill. write and speak Spanish. Unfortu- United States want to speak English? H.R. 123 purports to encourage the mastery nately, we have not accomplished that. We do. Ninety-five percent of the peo- of English. However, it does nothing to provide Nonetheless, it was 40 years ago that ple speak English, and of that 95, 25 the necessary resources for adequate English percent speak in another language. language instruction. Without a strategy for in- I first got to know a gentleman who knows more about language than any- Does that make them lesser Ameri- creasing English literacy, the real impact of cans, that they do not believe that this bill may be only to discourage literacy in body I know in public affairs. A professor by the name of S.I. Hayakawa, an English is an official language? any language and to chill participation in civic Look, I get up and say I am an Amer- expert in general semantics talked of life by those who are not proficient in English. ican, I love America, I promote Eng- the importance of language as a unifier That would be truly unfortunate. lish. I support English as an official of people. Years later the then Senator In short, Mr. Chairman, I believe this English language, but I do not need this bill. only legislation is unnecessary, counter- ‘Sam’ Hayakawa sponsored legislation Let us stop this foolishness and get rid productive, and may serve to divideÐnot similar to that before us today. of this bill. uniteÐthe Nation. I urge my colleagues to The first Member of the House to bring this Mr. CANADY of Florida. Mr. Chair- vote ``no.'' matter to my attention, our friend Bill Emerson, man, I yield such time as he may Mr. CLAY. Mr. Chairman, I yield 2 gave the highest priority to English serving to consume to the gentleman from Ne- minutes to the gentleman from Oregon unify us by its designation as the country's of- braska [Mr. BARRETT]. [Mr. BLUMENAUER]. ficial language. I urge you to support H.R. (Mr. BARRETT of Nebraska asked Mr. BLUMENAUER. Mr. Chairman, I 123, and as you do so, keep in memory our and was given permission to revise and rise in opposition to House Resolution colleague and friend, Bill Emerson. extend his remarks.) August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9745 Mr. BARRETT of Nebraska. Mr. and Pennsylvania which printed its Ms. WATERS. Mr. Chairman, I rise in Chairman, as a cosponsor of H.R. 123, I documents in English. They did not de- opposition to this misleading English- strongly support the bill. mand or require or even beg or request only bill. Everyone knows English is Mr. Chairman, I rise today in strong support in any way that that charter also had indeed our official language. According of H.R. 123. As a cosponsor of this bill and a with it a translation hanging next to to the 1990 census, 97 percent of all peo- member of the Opportunities Committee, I be- it. ple in this country speak English well. lieve establishing English as a common lan- Mr. CLAY. Mr. Chairman, I yield 2 Immigrants do not resist learning guage of Government will not only strengthen minutes to the gentleman from Texas, English. Most immigrants are proud to our nationalism but will stave off the multi- Mr. GENE GREEN. learn English and proud to speak Eng- lingual wedge being driven into the heart of Mr. GENE GREEN of Texas. Mr. lish. This bill is but another divisive, our Nation. Chairman, I thank my colleague for al- mean-spirited initiative that does Since 1920, Mr. Chairman, Nebraska's lowing me to speak. nothing to improve the ability of all of State constitution has held firm in maintaining I rise in opposition to the bill, but I us in this diverse society to live and English as the State's official language. And, support English as our common lan- work together. just as saying the Pledge of Allegiance is guage. But our colleagues are trying to How dare any law deny an elected of- largely symbolic, so is the sense of pride divide Americans on language basis, ficial the right to communicate with among us for having a national language. and I say to my colleague from Penn- their constituents in any language Mr. Chairman, for 400 years immigrants sylvania that no one asked to have other than English? How can a country from all across the globe have come to Amer- that translation of that charter. In the that reaches out to cities in other ica. We come together as one Nation, with State of Texas even with our Hispanic countries all over the world in the one language, for one people, under God. The heritage our charters from our Sec- great sister city movement of this English language has strengthened and sus- retary of State come only in English. country look its sister cities from tained us in years past, as it will do so in the Some time ago, USA Today reported countries like Mexico, Spain, France, years to come. I urge adoption of H.R. 123. that the English-only effort is a phony Italy, Germany, Japan, Russia, and Af- Mr. CANADY of Florida. Mr. Chair- solution in search of a problem. There rica, and many more, and say, ‘‘We man, I yield 2 minutes to the gen- is no more adequate statement that I love you like a sister, we respect your tleman from Pennsylvania [Mr. have heard on any other thing in this culture, we appreciate your diversity, GEKAS]. issue. According to the findings in this and we invite you to come to the Unit- Mr. GEKAS. Mr. Chairman, I thank bill, English is a common thread that ed States.’’ And yet say to them, ‘‘But the gentleman for yielding this time to binds individuals from different back- when you come to America, don’t bring me. grounds. your language with you.’’ It is precisely because my parents, In short, English is what makes us Forty-three percent of my constitu- Greek immigrants, could not speak Americans. We have more in common ents are Latino. We respond to all of English when they first came to these than our language, and, Lord knows, our constituents. We respond to them shores that I support the legislation in we all speak English in a different way. however we need to respond to them, front of us. They would leave no stone Americans share a common set of val- orally or in writing, and we do it in unturned to try to learn English on ues, those of democracy, freedom, and Spanish. We do that, and guess what? I their own and could not wait for the opportunity, and that can be said in do not intend to ever stop doing that. I day that they could become natural- English as well as lots of other lan- do not care what law is passed. ized citizens and to be proficient in the guages. The supporters of this bill claim to English language sufficiently enough Our fellow Americans who are not want everyone to learn to speak Eng- to merit the granting of the citizenship fluent in English are no less patriotic lish. Yet they support the defunding of which they so prized for the remainder than my colleagues or me. In fact in bilingual education while millions of of their lives. some cases, particularly Hispanic her- immigrants are on waiting lists to But that is not the main reason that itage, we can go and talk about indi- learn Spanish. I support the bill. Their pride in Eng- viduals who have literally laid down This bill deserves to be defeated in lish and their pride in being American their lives for our country. every language. I ask my colleagues for citizens was enhanced by the fact that Contrary to what the sponsors of the a ‘‘no’’ vote. they knew the English language and bill claim, English is not being threat- Mr. CANADY of Florida. Mr. Chair- could help their children become edu- ened. If one files a document in court, man, I yield 3 minutes to the gen- cated, not only in the English lan- the public records are in English. If tleman from Illinois [Mr. PORTER], the guage, which is their adopted language, they get a charter from Pennsylvania, sponsor of H.R. 351. but also never to forget the Greek lan- like my colleague said, it is in English. Mr. PORTER. Mr. Chairman, I thank guage English is the language that is used the gentleman for yielding this time to I am enriched by what they did while today in Congress and all our official me. they did everything in their hearts and activities of our Government. Mr. Chairman, we are a diverse na- minds they could to learn English. Then why are we debating this bill? tion. We should celebrate and be proud I say to my friend from California, an Only to divide us as Americans. We are of our diversity. But to be a nation we old friend, Louis Vasquez, and his not divided because of our language, must have one common language with friend William Lopez and another Mr. Chairman. We are divided today be- which we can communicate with one friend of Spanish descent, and I formed cause of those of us who may not speak another. That common language is the Spanish-American Society in my English as our first language. My an- American English. district, and they were happy to put to- cestor did not speak English as a first Immigrants have come to our shores gether an organization whose sole func- language, they spoke German. But for over 200 years, and each group has tion would be, not sole function, but they also learned English, but we also learned the central language, and has one of the functions would be to teach lament that in our ancestry we lost the integrated themselves into our society. their fellow Latinos the English lan- ability to speak German. As our Nation has grown by their num- guage. When the charter came from the I hesitate to say anyone coming to bers, it has been enriched by each of government of Pennsylvania granting America, they are going to learn Eng- them. In order to have economic and them the official status of the Spanish- lish, but I do not want them to say, social mobility in this country, we American Society which I provided for ‘‘Don’t learn your heritage’’; and that know that we must speak and write the them as a new lawyer in town, they did is what this bill is saying. This bill is central language. To the extent that not ask that that charter be in Span- trying to divide us, Mr. Chairman, we encourage people who enter our so- ish. They were proud that I read it in based on language, and we do not need ciety not to learn American English, English. They displayed it and put it to be divided any more in this country. we consign them basically to a life on the wall in the English form that it Mr. CLAY. Mr. Chairman, I yield 2 without that opportunity. came because they wanted to be a part minutes to the gentlewoman from Cali- Mr. Chairman, in 1975 through mis- of the Government of the United States fornia [Ms. WATERS]. guided sensibilities, we mandated in H9746 CONGRESSIONAL RECORD — HOUSE August 1, 1996 certain circumstances ballots that anything to do with the Mayflower, and has no that this bill does not affect spoken would have to be printed in a language paranoia about the English language losing its language whatsoever. If you do not other than American English. A nation place in the world. speak English, that is fine. With Eng- must conduct its public discourse in a Mr. Chairman, segregationists have always lish as the official language, we do not central language, and through history fought against equal rights. Even the record of stop you from speaking any other lan- our central language happens to be this Congress shows how difficult it has been guage in this country, because even an American English. It could have been to expand basic rights: A member of the other arrogant Congressman would under- American Spanish or American French. body, who will be running for reelection at the stand you cannot stop people on the The most basic public function that age of one hundred, set a record for the long- street or in their homes from speaking we have in this country is the conduct est filibuster in history when he opposed the the languages they will. of our elections. To be eligible to vote Civil Rights Act of 1964Ðevery Member of What does the bill do? It says the in our elections, one must be a citizen. this body must recognize that the civil rights Federal Government may only print its In order to be a citizen one must be act outlawed poll taxes which prevented poor official documents and information in able to speak and write American Eng- Americans from voting because they could not English; that is, most of it in English. lish, our central language. We can afford the tax needed to register. It even has some exceptions to that. speak, read, or use any other language So far this Congress is known for similar Then what does it achieve? After all, we wish; but when we conduct our offi- egregious actions, a senior Member of this only .06 percent of documents and in- cial business, we ought to and must body honored a former Member of the House formation are now printed in other conduct it in that central language. who was a champion of segregation, the late than English. So what does it achieve? This bill repeals the Federal mandate Howard Smith of Virginia. today, unless this Motherhood, apple pie, and English. for ballots in languages other than bill is defeated, we will be denying people the Mr. DIXON. Mr. Chairman, I yield 2 American English. This may not be opportunity to understand the ballots before minutes to the gentlewoman from Con- good politics, but it is good policy. them. It causes me no little confusion, Mr. necticut [Ms. DELAURO]. Ms. DELAURO. Mr. Chairman, I rise While we can encourage the diversity Chairman, that the sponsor of the bill repeal- today in strong opposition to this leg- that makes us strong, we must come ing bilingual ballots is the chairman of the islation. The Republican leadership together under one language and speak Congressional Human Rights Caucus. I ask wants to use this offensive measure as that language so that we can commu- this body that when we look at countries its latest wedge issue to divide the nicate with one another. And that one around the world which have persecuted their American people. English is the official language that each citizen is required minorities, when we tell the Serbs to respect language of this Nation. Newcomers to to know in order to vote must be the the rights of ethnic Albanians, how foolish is it our great country struggle day in and only language of our public discourse that we are attempting to pass legislation such day out to learn our language and to and our most basic public act, voting. as this? become full members of our society. I commend the gentleman from Cali- Mr. Chairman, every Member of this body I want to share with the Members fornia and the gentleman from Florida should stand for liberty, equal protection, and something about the personal struggle for their leadership in bringing this free speech. I urge my colleagues to oppose of an immigrant, my father, who knew legislation forward. I believe it ad- this bill. This bill will represent the first time something about this issue. Ted dresses a serious problem where our so- that Congress has narrowed the Voting Rights DeLauro, an Italian immigrant, came ciety is dividing ourselves according to Act. to this great nation from Italy at the languages. We must bring ourselves to- Mr. CLAY. Mr. Chairman, I yield 2 age of 13. He came eagerly, in pursuant gether under one language, American minutes to the gentleman from Mon- of the American dream, a good edu- English, and I would encourage all tana [Mr. WILLIAMS]. cation, and economic prosperity. Members to support the legislation. Mr. WILLIAMS. I thank the gen- Tragically, my father had to give up Mr. CLAY. Mr. Chairman, I yield tleman for yielding this time to me. part of that dream, an opportunity for such time as he may consume to the This bill has an important, I think, an education. He left school in the 7th gentleman from Illinois [Mr. JACKSON]. both political and policy question. I do grade simply because he could not (Mr. JACKSON of Illinois asked and not want to diminish those speak English. In class he confused the was given permission to revise and ex- importances, but I do think the bill is word ‘‘janitor’’ with the Italian word tend his remarks.) disingenuous despite its importance. I ‘‘genitori,’’ which means family. He de- Mr. JACKSON of Illinois. Mr. Chair- do not accuse any of my colleagues of fined the word ‘‘janitor’’ as meaning man, I rise in opposition to this uncon- that, but I think the bringing of the parents. His teachers and his fellow stitutional bill being proposed by the bill to the floor at this time is, as the students ridiculed him and made him previous speaker, the chairman of the American people understand it, moth- feel alone. He was so humiliated that Human Rights Caucus. erhood, apple pie, the flag; those are he never went back to school. That Mr. Chairman, please tell me what this bill great election year issues. event touched him, it touched my fam- is about? I believe that this bill is about deny- I have been here 18 years, and some ily deeply, and it changed our lives. ing and restricting freedom of speech as well Members of Congress bring those issues English is the official language of the as the right to vote. This bill violates the first to the floor just before election. I think United States. New residents of our amendment and the spirit of the Voting Rights that is why this newest motherhood country want desperately to speak the Act which was written to overcome discrimina- type issue, the traditional wonderful language and to assimilate. If we are tion. English language, is now being brought truly interested in codifying the impor- In this body, we vote to protect free speech to the floor in this form. tance of English, we should increase re- for just about everyone and everything: It's OK Of course, a common language en- sources for bilingual education in our to have pornography on the Internet; it's not courages unity. People on both sides of schools, reach out to residence who are OK for colleges to censor student news- the aisle agree with that. There is no struggling to learn the language, and papers; it's OK for newspapers to lie about us. argument about that. Of course, a com- ironically, this majority leadership, We guarantee rappers the right to free mon language promotes efficiency in that claims to want to enshrine Eng- speech, but we do not want to guarantee the our vital system, private system and lish as the language of all our resi- right to free speech in another language. economy. There is no debate about dents, has cut bilingual education for Mr. Chairman, one-half of the world's popu- that. Of course, immigrants should thousands of students trying, like my lation is Asian. One-fourth of the world is Chi- learn to speak the English language. father did, to fit in and to contribute nese. One-fourth is African, and one-eighth is That is why 97 percent of the people in to American life. It is shameful. Nigerian. Americans make up only 4 percent this country can speak English or are My father’s story should never be re- to 6 percent of the world's population. on a waiting list learning to speak peated. Children should never have to Until today, Congress has acted to expand English. quit school because they cannot under- trade with our neighbors to the south, east, stand the language. This people’s b north, and west. Now, we are turning our 1400 House should reject this attempt to di- backs on 96 percent of the world; most of So what does this bill achieve? The vide our country. Vote against this which is nonwhite, nonchristian, didn't have listening public needs to understand bill. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9747 Mr. CUNNINGHAM. Mr. Chairman, I but will urge that its specific problems make it easier for them to share our language. yield 1 minute to the gentlewoman be addressed in conference. This is how we increase fluencyÐnot by deny- from Nevada [Mrs. VUCANOVICH], chair Mr. Chairman, I rise today to acknowledge ing citizens their full political rights. of the Subcommittee on Military Con- the difficult task faced by Chairman GOODLING Mr. CUNNINGHAM. Mr. Chairman, I struction of the Committee on Appro- and the members of the Economic and Edu- yield 1 minute to the gentleman from priations. cational Opportunities Committee in the draft- California [Mr. BILBRAY]. Mrs. VUCANOVICH. Mr. Chairman, I ing of this bill. Since 1981, Congress has at- Mr. BILBRAY. Mr. Chairman, I stand rise in support of H.R. 123, the English tempted, with my support, to establish English in strong support of this legislation. I Language Empowerment Act of 1996. as the official language of the Government of would just say to my colleagues, come The Federal Government has an obliga- the United States. The United States is unique to San Diego and see the stacks of bi- tion to ensure that non-English speak- for many reasons, including its commendable lingual ballots. ing citizens get a chance to learn Eng- cultural and ethnic diversity. But while we wel- Mr. Chairman, last month there was lish so they can prosper and fully par- come all the diverse populations that decide to a lady in my county named Mrs. take of all the economic, social, and make America their home, we must also bring Velazquez who was sworn in as a new political opportunities that exist in all Americans together by uniting under our citizen. I do not know what her posi- this great country. The English lan- most important common denominatorÐthe tion is on this, but I know what her po- guage empowers each generation of im- English language. sition was on being sworn in as a citi- migrants to access the American For this reason, I support the provisions in zen. She wanted to be sworn in as an dream. Studies have shown that people this bill which would require the Federal Gov- American who speaks English. She did who learn English earn more for their ernment to conduct its official business in Eng- it as English, so that she could be families, are better able to move about lish and produce most official documents in mainstreamed. The fact is, the com- and interact in society, and can more English. We must provide some relief from the mon language of English is the place easily build a solid future for them- burdens and costs associated with the addi- where we can meet, the mainstream. selves and their children. tional printing now required of the Federal H.R. 123 is a good bill, it requires Government. I know no reason morally that we that all citizenship naturalization cere- However, I am concerned that the commit- can say we want to divide and make monies be conducted entirely in Eng- tee has not made clear exactly which Federal sure people do not meet in the main- lish. This bill states that the enact- documents would be affected by this bill. stream. But, Mr. Chairman, we should ment of this legislation shall not pre- While only 265 of the approximately 400,000 remember the fact that when immi- empt any law of any State. It would Federal documents currently printed are print- grants want to be mainstreamed, they not restrict the use of foreign lan- ed in multiple languages, agencies must have choose the English, and we should do guages in homes, neighborhoods, clearer guidelines as to which documents everything we can to encourage that. churches, or private businesses—only would fall under this bill and which documents There are those that would want to en- the Government sector. I urge my col- would be exempted. I am pleased that, under courage to divide. leagues to vote ‘‘yes’’ on this legisla- this bill, all documents dealing with public In the past, the people of California tion to designate English as our Na- health and safety could still be printed in mul- have been brave enough to pass an ini- tion’s official language, and unite our tiple languages. But where, for example, tiative to say English should be our Nation of many immigrants to be one. would documents issued by HUD fall? Would common language. Mr. Chairman, let Mr. DIXON. Mr. Chairman, I yield 1 those not fluent in English still be able to re- us be brave enough to do the same, as minute to the gentleman from Arkan- ceive information on housing discrimination? California did a long time ago. sas [Mr. THORNTON] Or receive information on workplace discrimi- Mr. DIXON. Mr. Chairman, I yield Mr. THORNTON. Mr. Chairman, I nation from the EEOC? These are the issues the balance of my time to the gen- thank the gentleman for yielding time I would like to see made clear in conference tleman from New Jersey [Mr. AN- to me. committee. We must take a careful look at DREWS]. Mr. Chairman, I rise in opposition to which documents would be impacted by this The CHAIRMAN. The gentleman this legislation, which comes with a bill. from New Jersey [Mr. ANDREWS] is rec- nice title, a ringing kind of phrase that In addition, I am troubled by the provisions ognized for 2 minutes. our sentiments might want to endorse. which would repeal the Federal requirement (Mr. ANDREWS asked and was given But our discourse is not limited to for bilingual ballots. The Voting Rights Act was permission to revise and extend his re- ‘‘English’’. We use concepts expressed amended in 1975 to include these ballots and marks.) by words like ‘‘libe`rte´’’ French; ‘‘equal- for good reason. Since the founding of our Na- Mr. ANDREWS. Mr. Chairman, today ity’’ from the French ‘‘egalite´’’; ‘‘jus- tion, many Americans have been deprived of there are 40 million Americans with no tice,’’ from the Latin. Our language is their inalienable right to participate in the health insurance. There are millions of enriched by the addition of words and democratic process by negating, either legally Americans who will go to bed tonight phrases from other languages. or illegally, their right to vote. We have seen with a knot in their stomach about We should be talking today about States make voting difficult for certain popu- whether they get a layoff notice tomor- how to improve and accent American lations by implementing poll taxes, literacy row at their jobs. There are rivers that values. We should not be trying to tests, and by designing complex balloting pro- need to be cleaned, highways that need make restrictions on how people talk. cedures. Bilingual ballots guarantee that no to be built, seniors who need health People in Arkansas may speak more American citizen is denied the fundamental care in their homes, and what are we clearly sometimes than people in other right to vote because of a lack of fluency in doing this afternoon? We are passing a parts of our country, and we may use English. law that says it is illegal for the Fed- words that would not be in a lexicon. It was only 4 years ago that Congress reau- eral Government to print a document There should be no effort to limit our thorized bilingual ballots for the next 15 years. in a language other than English. If I ability to express ourselves fully and I supported that reauthorization back then and have ever seen a solution in search of a completely. do not support any attempt to repeal that man- I am pleased that the President of date prematurely. problem, this is it. the United States has indicated that, if However, I support the overall goals of this I know, Mr. Chairman, what this is passed, he will veto this bill. bill. We must be sure all of our citizens can really about. It is about millions of Mr. CUNNINGHAM. Mr. Chairman, I understand our public discourse and enjoy the Americans who are sick to their stom- yield such time as she may consume to benefits of a common language. In order to ach and worried to death that they are the gentleman from Connecticut [Mrs. meet this goal, though, we must strengthen going to lose what they have worked JOHNSON]. our bilingual education programs and work to for their whole life. What is the solu- (Mrs. JOHNSON of Connecticut asked reduce the long English class waiting lists that tion? It is to beat up on and demonize and was given permission to revise and our legal immigrants and newest citizens are people who do not look like we do or extend her remarks.) faced with as they try to assimilate into this talk like we do. Mrs. JOHNSON of Connecticut. I rise country. If we want well-informed citizens par- Mr. Chairman, if we want to do some- in support of the bill, Mr. Chairman, ticipating in the political process, we must thing to address the real problem of H9748 CONGRESSIONAL RECORD — HOUSE August 1, 1996 those very real people, then give paid thousand dialects. We encourage those It is important to note that this bill requires leave to people so they can leave work folks to learn, and I want Spanish- only the Federal Government to conduct its of- and take care of their children, stop speaking or Chinese-speaking, I want ficial business in English. The bill does not for- corporations from raiding the pension them to speak those languages at bid the teaching of foreign languages in funds of their employees, provide home. This bill does not prohibit that. schools or every day citizens from speaking health benefits for every working What the bill does, it says that the offi- foreign languages in their homes, place of American in this country, fund bilin- cial language of the government, of the business or on a walk in a public park. In ad- gual education, so people can read and Federal Government, shall be in Eng- dition, the bill exempts public health, national write the English language, and put lish. That empowers people, just like security and civil rights actions. This legislation our constituents back to work. the example that I used that for our also repeals the Federal requirement mandat- This is a shameless and shameful at- swearing-ins. ing certain localities to provide bilingual bal- tempt to take the real anxieties of real The bill says that when a person is lots. However, if H.R. 123 becomes law State people and direct them at people who sworn in as a citizen to this country, to and local governments could still conduct bilin- are not like some of the rest of us. We the United States of America, that gual or multilingual elections if they choose to are better than this bill. We should that be done in English. To me that is do so. Furthermore, communities would also have aspirations better than this. a powerful, that is a very powerful be permitted to utilize alternative more cost ef- Should, God forbid, it become law, I symbol. That is not mean-spirited. that fective methods in an effort to ensure that no urge my colleagues from the Repub- means to empower those individuals. American citizen is denied his or her right to lican and Democratic party, from In my own district, many people do vote. urban, rural, and suburban districts, be not speak English. They are not em- Unfortunately, in an era of political correct- better than what is behind this bill. powered. I ask support for this bill. ness, some people accuse this legislation of Vote no, and let us get to work on the Ms. VELAÂ ZQUEZ. Mr. Chairman, I rise being inherently discriminatory. A deeper in- real problems of the American people. today, amazed by how far some will go to un- spection of the issue reveals that there is no Mr. CUNNINGHAM. Mr. Chairman, I ravel our country. H.R. 123 should be called truth to this assertion. yield myself the balance of my time. the Linguistic and Voting Deprivation Act, not The CHAIRMAN. The gentleman the English Language Empowerment Act. In- Mr. Speaker, not long ago this body ad- from California [Mr. CUNNINGHAM] is stead of providing language minorities with the dressed the subject of immigration reform. The recognized for 3 minutes. opportunities to learn English, this legislation establishment of English as the official lan- Mr. CUNNINGHAM. Mr. Chairman, will cost our Nation one of our most valuable guage of the United States would aid, not the last speaker said that we intend to resourcesÐour diversity. I urge all of you to hinder, new immigrants in the assimilation beat up, demoralize. My colleagues on support English Plus. process. Emphasizing the use of a common the other side, we have gone through Earlier in the year this House took opportu- language will enable new immigrants to be- this legislation, and I have sat down nities away from our limited-English children come more comfortable more quickly with the with them. They know there is no in- by cutting funding for bilingual education. eclectic American culture. This simple obser- tent or nothing in this bill that would Today with the passage of this legislation, we vation denies the naive notion that an official do that. This is an honest attempt to are making the chance for a better life nearly language is based on discrimination. combine and empower the American impossible. people, and especially those that have Declaring English as the official language of As a Representative with one of the highest limited English skills to help them. the Government of the United States would be Mr. Bill Emerson, the late Bill Emer- immigrant and language minority populations both economically and socially beneficially. I son, has 200 cosponsors on this bill, 200 in the country, I know the difficulties that lan- urge my colleagues to join me in declaring cosponsors. They are not mean. They guage minorities face day in and day out. H.R. English as the official language of the United are not after anybody’s hide. But they 123 will have the effect of further isolating my States. constituents who speak primarily Chinese or believe that we can help the American Mr. TORKILDSEN. Mr. Chairman, I rise Spanish. To make matters worse, without bi- people. Bill Emerson did not have a today in strong support of English as the Offi- lingual ballots, these constituents will be com- mean bone in his body. I would say cial Language of Government Act of 1996. that instead of divide, in one of the pletely unempowered. hearings a gentlelady from India said As elected officials, our job is to make de- The English language is one of America's that when the British were there, that mocracy work by reaching out and serving all great equalizers. Studies show that immigrants there were over 300 and some languages our constituentsÐnot just those who speak who learn English are better able to build a life in India and more than that in the dia- English only. Language minorities are some of for themselves and their families. They typi- lects, and they actually adopted a for- our society's most vulnerable members. They cally enjoy greater successes in both their pro- eign language, English, as their com- are especially in need of assurance that their fessional and personal lives. In fact, when my mon language when the British were civil liberties will be protected. grandfather came to America from Norway at there, and it tied that country to- My colleagues, H.R. 123 will not bring us to- the age of 16, he learned English because it gether. When the British pulled out, gether, it will only serve to divide this country. was the best way for him and his family to live and even today, those different groups Vote ``yes'' for English Plus. the American dream. are segregated and India is gridlocked Mr. MARTINI. Mr. Chairman, I rise today to Diversity is one of our Nation's greatest because they do not have a common express my strong support for H.R. 123, legis- strengths. The unique cultures, customs, and language. lation that would establish English as the offi- beliefs that every immigrant brings to our My wife teaches Spanish. Both my cial language of the United States. I believe country add to the richness of America. How- daughters are fluent in Spanish. I want that English should be the official language of ever, without a common thread to bind our so- to send them, if I can afford it, to the Federal Government with rules, decisions ciety together, America risks losing its sense Spain or Mexico City. I want them to and laws for the record conveyed in English. of unity. immerse, because I do believe that the As a cosponsor of several English First bills, Some will argue that this bill creates social future of this country involves trade, it I would like to commend Representative divisions. This is simply not true. H.R. 123 involves that we learn a lot of different CUNNINGHAM and the leadership for bringing does not prohibit anyone from speaking any languages. this important legislation to the floor. The gentleman said that we cut the The United States has long been a nation of language they choose. It simply says that the program for education. No, what we immigrants. The fact that our country is a col- official language of the U.S. Government is cut is the Federal Government. We lection of different nationalities necessitates English and that most official business will be send the block grants down to the some sort of unifying factor in order to provide conducted in English. States and allow actually more money, a national identify. A common language pro- Opponents also argue that the bill infringes and take away the Federal rules and vides that unifying factor. By establishing Eng- on the personal freedoms and rights of all regulations from the education process. lish as the official language of the United Americans, and ties the hands of law enforce- Governors have told us they can do a States, it creates a bond that transcends eth- ment and other Government agencies to en- better job. nicity. It enables members of a multicultural sure their protection. However, the bill pro- I look across the Nation, and there society such as ours to more easily identify vides specific exemptions for the protection of are 320 languages in this country and a with each other. public safety and law enforcement. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9749 We have seen in Canada what can happen The Serrano substitute would encourage all will be directly affected by this bill. This bill, as when there is no common language. We can- residents of this country to become fully pro- proposed, does nothing to protect the already not allow the United States to become balkan- ficient in English while also encouraging the endangered languages of Native Americans ized with ethnic tensions that will only divide development of skills in languages other than and Native Alaskans. Let's be clear, this is a our country. EnglishÐrecognizing that multilingualism is bad billÐbut if it has to be considered, I will No matter what part of the world we or our vital to American interests. support Congressman Cunningham's amend- ancestors come from, we all came to America The Serrano substitute would ensure that ment which exempt native American lan- for the same reason. We are here in search the Government continues to provide services guages. We cannot limit the ability of native of the freedoms and opportunities that make in languages other than English as needed to Americans to actively participate in the political our country great. We are here in search of a facilitate access to essential functions of Gov- process. better life for themselves and their families. In ernment, promote public health and safety, en- We should not only allow but also encour- short, we are here because we want to be sure due process, promote equal educational age people to speak languages other than Americans. The English language is part of opportunity, and protect fundamental rights. English. It is good for our economy and for the the fabric that keeps us together. Mr. Speaker, this is an issue which impacts advancement of our people. Congressman Mr. Chairman, I urge my colleagues to join not only the men, women, and children af- Cunningham's amendment would improve this me in support of this common-sense legisla- fected by such legislation but our Nation as a bill by protecting native American languages, tion. I yield back the balance of my time. whole. Our Nation has remained strong and and therefore, as bad as the overall bill is, we Mr. BONILLA. Mr. Chairman, I rise in oppo- united because, while we do not always should vote for this amendment. sition to this bill. The fact is, English is Ameri- agree, we share a common set of democratic Mr. FALEOMAVAEGA. Mr. Chairman, I rise ca's language in fact, we don't need legislation ideals and values. Commitment to freedom, in opposition to this bill H.R. 123, to express to make a fact law. equality, tolerance and opportunityÐnot lan- my concerns about what effect this legislation No one understands the importance of mas- guageÐis what holds us together. will have on America, today and in the future. tering English more than I do. Growing up in Legislation which would establish English as I am concerned that promoting English as a Spanish-speaking neighborhood in south a national language runs counter to our Na- the official Government language in this par- San Antonio, I was lucky enough to have par- tion's history and would create a new and un- ticular way will result in situations where ents who stressed the importance of being flu- precedented role for the Federal Government. Americans not yet completely proficient in ent in English. My parents understood that The Founders of this country recognized the English will be disadvantaged when it comes English was essential to get work and suc- danger of restricting its citizens' freedom of to seeking and receiving vital assistance from ceed. My parents' example clearly dem- expression. Language, like religion, is an in- GovernmentÐbe it exercising their right to onstrated that learning English was essential tensely personal form of self-expression which vote, receiving the fullest education possible, to first succeed in school, and later in our must not be subject to governmental regula- health issues, particularly emergency situa- jobs. tion. tionsÐor any other social services. We don't need another Washington man- Language-minorities do not need to be co- My strong preference is to look at this issue date, another law with bureaucrats to enforce erced by the Federal Government to learn from another angle. There is no question that it to tell us what we all know to be true fact. English: they already are. According to the English is a language of opportunity and that English is the common language of all Ameri- Census, over 95 percent of Americans speak it is practical to carry out as much government cans, passing or rejecting this legislation will English. And current generations of language business as possible in this language. In prac- not change this fact. I think it important to get minorities are learning English faster then pre- tice this is the case alreadyÐthe GAO re- beyond the impassioned rhetoric of this de- vious generations. In Los Angeles, demand for ported recently that between 1990±1994 Fed- bate and address the facts of this bill, what English classes is so great that some schools eral agencies, other than Defense and State, this bill does and does not do. are open 24 hours a day, and thousands are This bill basically does two things. One, it published 265 documents in languages other placed on waiting lists. Also as we should not than EnglishÐless than 1 percent of all the restricts the use of other languages by the discriminate against those who speak a single Federal Government with so many exceptions government documents reviewed by the GAO. languageÐEnglish, we should not discriminate In reality, about 97 percent of U.S. residents that it is unclear what in fact would change. At against our citizens who are trying to learn this time less than 1 percent of Federal docu- above the age of 4 speak English well or very English. well. It is the 3 or 4 percent of our population ments are printed in other languages. Two, it Diversity in people and languages is not a that needs assistance when communicating in ends the Federal requirement for bilingual bal- national threat, but an advantage. In today's English that I am concerned about. Rather lots. This will have no impact on Texas as our Information Age, we have the ability to con- than passing legislation which promotes the State's electoral code provides for these bal- nect with individuals across the globe. The lots. movement of people across countries and use of English in a way that can be perceived Now let's cover what this bill does not do. continents has intensified. Our businesses, as exclusive, culturally insensitive and which It does not promote usage of English. It will too, have increasingly moved into the broader may result in further marginalization of minori- not affect commercial and personal commu- world marketplace where the most influential ties. I agree with others who have suggested nications. It will not increase English usage. It language is that of the customer. Therefore, we should instead focus on encouraging all will not serve to bring us together. While I un- the 32 million Americans who speak lan- Americans to become proficient in EnglishÐ derstand that many of my colleagues have guages in addition to English are at a competi- through making English language program- good intentions in supporting this bill, millions tive advantage. mers fully accessible to all. It is not socially re- of Americans do not see this as a well-mean- I urge my colleagues to support the Serrano sponsible to pass legislation such as H.R. 123 ing affirmation of national unity, but rather as substitute and resist this attempt to divide our and expect those who cannot communicate in a challenge to their Americanism. Until we citizenry. Thank you. EnglishÐoften not because they lack the will eliminate this mistrust we should concentrate Mr. RICHARDSON. Mr. Chairman, the Eng- to try but because they are simply not enough on promoting English usage rather than pass- lish Language Empowerment Act of 1996, is a programmes to go aroundÐto cope without ing legislation. bill we do not need. Everybody in American any means of communication with Govern- English is America's common language. We realizes that English is the language of the ment, which is after all there to serve the peo- do not need a law to prove this. Instead of land. At a time when we are trying to deregu- ple. I strongly urge my colleagues to focus in- making symbolic gestures to legislate lan- late government, why are we adding more stead on strengthening our capacity to provide guage, we should take real concrete action to laws to our books? the means for new immigrants and those encourage every American to learn English. This bill would not only prohibit the Federal struggling to learn English to do so. Ms. JACKSON-LEE of Texas. Mr. Chair- Government from conducting its official busi- My second specific concern related to this man, I rise today to express my support for ness in a written language other than English, legislation is an uneasy sensation I have that the Serrano English plus substitute, which ex- but it would repeal a Federal law requiring bi- there are darker political undertones to the de- presses the sense of Congress that the U.S. lingual ballots for many non-English speaking sire to promote the use of English only. The Government should pursue policies that pro- voters. As a consequence, it will jeopardize legislation is worded in such a way that it ap- mote English as the common language of the the effectiveness of our government and de- pears to be promoting English very much at United States while recognizing the impor- prive thousands of people of their right to par- the expense of other languages. The legisla- tance of multilingualism and working to ex- ticipate in the political process. tion does not recognize sufficiently the impor- pand educational opportunities and information In my district alone, one out of every five of tant of multiculturalism in the history of this resources. my constituents is Native American, and they country, and the strength multilingualism H9750 CONGRESSIONAL RECORD — HOUSE August 1, 1996 brings to our country today and its place in the H.R. 123, which would establish English as fice, but also to understand more complex vot- emerging global marketplace. the official language of the Federal Govern- ing issues such as constitutional amendments. I bring to this debate a unique perspective ment. Language assistance is not costly. In depth in that I represent a district where the lan- Legislation which would establish English as studies show that the cost was either nominal guages of every day transaction are English a national language runs counter to our Na- or caused no additional costs. A GAO report and Samoan. Bilingualism is a strength in my tion's history and would create a new and un- indicates that of the 295 responding jurisdic- constituency and I cannot support legislation precedented role for the Federal Government. tions, the average cost of providing written as- that does not adequately recognize this. The Founders of this country recognized the sistance was 7.6 percent of the total election Finally, I would like to note that moves afoot danger of restricting its citizens' freedom of expenditures, and an estimated 18 States in- in this Congress to declare English as the offi- expression. Language, like religion, is an incurred no additional costs in providing assist- cial language of the United States have at- tensely personal form of self-expression which ance. Oral language assistance is even less tracted the attention of the international com- must not be subject to governmental regula- burdensome, with costs ranging from 2.9 per- munity. I refer particularly to a resolution tion. cent to no additional cost. passed by the fourth Polynesian language Language minorities do not need to be co- Mr. Speaker, our Nation has remained forum, held in New Zealand in August last erced by the Federal Government to learn strong and united because, while we do not year which was supported by government rep- English: they already are. According to the always agree, we share a common set of resentatives of 13 governments of Polynesia census, over 95 percent of Americans speak democratic ideals and values. Commitment to including New Zealand, Cook Islands, French English. And current generations of language freedom, equality, tolerance and opportunityÐ Polynesia, Easter island, Western Samoa, Fiji, minorities are learning English faster than pre- not languageÐis what holds us together. I and Tonga. The resolution specifically stated vious generations. In Los Angeles, demand for hope that my colleagues will resist this attempt its incredulity that the United States, otherwise English classes is so great that some schools to divide our citizenry and oppose this bill, a world leader in the field of human rights, are open 24 hours a day, and thousands are however I rise to support the Serrano amend- should even consider legislation such as this. placed on waiting lists. ment which affirms English as our common The resolution also reminds us that the inter- What the sponsors of this and other English language. national community recognizes the rights of in- only legislation do not seem to understand is Mrs. KENNELLY. Mr. Chairman, I rise in op- digenous people to have their languages used that diversity in people and languages is not a position to this legislation and in support of the officially in government. In addition to the national threat, but an advantage. In today's Serrano amendment. I believe that English is points I have made above in relation to the ef- information age, we have the ability to connect part of our heritage and history, and that it fect of this legislation on all minority groups in with individuals across the globe. The move- should remain the common language of the the U.S. this Congress would be wise to re- ment of people across countries and con- United States. Today, 96 percent of Ameri- flect upon its obligations to protect the lan- tinents has intensified. Our businesses, too, cans speak English, and I would like to see guages and cultures of Native American peo- have increasingly moved into the broader this grow. I support efforts to encourage and ples. We should not forget that the inter- world marketplace where the most influential help new immigrants to learn our language. But H.R. 123 proposes to shut non-English national community is watching, and judging language is that of the customer. Therefore, speakers out of so many aspects of life in our us by our actions. the 32 million Americans who speak lan- society. I am particularly disturbed by its at- Mr. MILLER of California. Mr. Chairman, I guages in addition to English are at a competi- tempt to repeal the multilingual ballot. Minority would like to speak in favor of Mr. tive advantage. CUNNINGHAM's amendment to H.R. 123 that This legislation also repeals section 203 of language assistance has opened up the would exempt Native American languages the Voting Rights Act establishing bilingual democratic process to all citizens, and it has from the provisions of this bill. The Native ballots, which would have a devastating im- increased voter participation among immigrants. Repeal of this provision of the Voting American exemption, which applies to lan- pact on the rights of language minorities to Rights Act only serves to restrict the demo- guages spoken by the more than 557 Amer- participate fully in the democratic process. The cratic process and turn this into a nation of ex- ican Indian and Alaska Native tribes in this right to vote is one of our most cherished and clusion rather than a nation of inclusion. Nation, is important for several reasons. fundamental rights. It is guaranteed to all U.S. First, we have a fiduciary duty, a binding As has been said many times, America is a citizens by the 15th amendment to the Con- trust responsibility, to protect and preserve In- nation of immigrants. Diversity of heritage, cul- stitution and the Supreme Court has long held dian cultures. An integral part of their culture ture, and language is a source of our strength. that the right to vote implies the right to cast is the ability to speak their own languages, The Serrano amendment would permit us to an informed and effective vote. To that end, many of which are disappearing or have even build on this strength, and I urge my col- the Court has articulated that constitutional been lost. The tribes are making a concerted leagues to support it and oppose H.R. 123. effort to revitalize their languages, and I be- protection extends to all, to those who speak Mr. COX of California. Mr. Chairman, the lieve that without this exemption, passage of other languages as well as those both with immigrant experience is central to our national this bill would frustrate those efforts. English on the tongue. character. It epitomizes the intergenerational Second, although the bill contains an ex- In 1975, Congress enacted language assist- improvement inherent in the American Dream. emption for teaching on languages, this does ance provisions to the Voting Rights Act, rec- Americans by choice add to the cultural and not cover cases where courses or classes ognizing that large numbers of U.S. citizens ethnic diversity we have always celebrated. It other than language, such as history or math, who primarily spoke languages other than is America's unique national trait that from are taught in Native American languages. English had been effectively excluded from such diversity springs unparalleled unity and Third, the bill as presently drafted appears participation in our electoral process. Congres- strength of purpose. to leave out cases where elderly Indians, sional hearings brought forth evidence that For nearly four centuries, natives of other many of whom speak solely in their own these citizens were denied equal opportunities lands have come to America to build a better tongue, need an interpreter or a Federal em- by State and local governments, resulting in future. But unlike their predecessors, today's ployee who speaks a native language in order disabilities and continuing illiteracy in the Eng- immigrants are met with Government policies to get medicine or health care from the res- lish language. allegedly concerned with the preservation of ervation clinic, to get food stamp assistance, Repealing these provisionsÐas Title 2 of their ethnic separateness. Chief among these to get Medicare assistance, or help from the this legislation would doÐand denying Amer- misguided policies is the mandate of a multi- local BIA officers. These are important serv- ican citizens access to bilingual ballots for lingual government. By discouraging immi- ices and we need to be sure that they remain Federal elections would effectively disenfran- grants and their children from using the Eng- as readily available to the Indian elderly in the chise a large population of U.S. citizens. In lish language, this policy has erected a linguis- future as they are today. fact, as the number of bilingual U.S. citizens tic barrier that keeps many immigrants from Finally, we must take all reasonable steps to continues to grow the need for bilingual ballots becoming full participants in the society they ensure that Indians are not denied or limited is even greater. Many of these citizens have have chosen to join. Whatever its putative in- by this bill in their ability to exercise the right only recently had the opportunity to engage tentions, a policy of governmental insistence to vote. This amendment would ensure that meaningfully in participatory democracy. Bilin- on a multitude of official languages works in- ballots and voting instructions in Native lan- gual ballots not only increase the number of sidiously to harm the very people it was meant guages and interpreters are available to assist registered voters, but permit voters to partici- to help. Indians who do not speak English proficiently. pate on an informed basis. They not only The use of English is indispensable to immi- Ms. JACKSON-LEE of Texas. Mr. Chair- allow voters who need language assistance to grants and their children who wish to partici- man, I rise today to express my opposition to be able to read to know who is running for of- pate fully in American society and realize the August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9751 American Dream. As we seek to promote the ence with Russian, Polish, or Hungarian, Yid- come centuries of linguistic separation, or to rich and varied traditions new Americans dish was as alien to the Arabic and French- find a national tongue to bring our diverse bring, we must simultaneously work to ensure speaking Jews of the Middle East as was population together. English is our common that all of us share some basis for common Spanish. And Spanish was just one of the language, which has enabled us to become understanding. Securing both these important many other languages brought to Israel by im- and remain the United States of America. We goals requires overcoming the divisive influ- migrants from Spain and Latin America. need only ensure that we do not lose it by ne- ence of linguistic separatism. English should Israel has shown the world that the key to glect or inaction. be and remain the official language of our Na- uniting a polyglot people is to establish a lan- Many people do not realize that, while Eng- tional Government. guage of mutual understanding. Unlike Amer- lish is our common language, government at English, our common language, provides a ica, where our British colonizers left us with an all levels is actively undermining its unifying shared foundation which has allowed people English language that is preponderant function. All of the benefits our Nation reaps from every corner of the world to come to- throughout the world, Israel had no obvious from our linguistic harmony will be lost if ill-ad- gether to build the American Nation. Without choice from among the languages of its varied vised government policies continue to forment it, we might never have achieved the cohesion citizenry. So its founders revived a tongue linguistic separatism. that permits Irish-American and African-Amer- whose heritage they all shared, but which Today, American taxes are being spent so ican, Asian-American and Hispanic-American, none of them spoke. HebrewÐthe language of that people who cannot understand or commu- to live in peace and prosperity together as in the Old Testament which had survived as the nicate in English can nonetheless receive bal- no other nation on earth. medium of prayer and religious study, but lots to vote in Filipino, Vietnamese, or Chi- The experience of two other immigrant na- which had virtually disappeared from secular nese. Federal Government job announce- tionsÐCanada and IsraelÐoffers us clear les- useÐbecame once again the vernacular of Is- ments frequently invite applications from peo- sons on just how powerful a force language rael. ple with limited English skills. Immigrants have can be in either uniting or dividing a people. Israel did, and continues to do, much more even been sworn in as new citizens at a U.S. These are lessons we cannot fail to heed. than simply declare Hebrew to be the coun- Government ceremony conducted almost en- Canada, our neighbor to the north, bears try's common language. The Israelis put in tirely in Spanish. And bilingual education, much in common with the United States. Our place an infrastructure to ensure that each which purports to aim at bringing students into settlement, founding, and national growth and every immigrant will be able to speak this full participation in our society, has instead share the same time and place in world his- common tongue to his or her new countrymen, condemned them to what the New York Times tory. Our peoples emigrated from the same and thus become quickly integrated into Israeli calls a ``bilingual prison.'' native lands. But unlike America, Canada has society. New arrivals, whatever their age, are Under these doctrinaire and disruptive bilin- struggled with the divisive issue of language strongly encouraged to take an ulpan, the in- gual policies, in too many U.S. schools chil- since its earliest days. Though the British won tensive Hebrew-language course typically dren who wish to learn English are given only control over French Canada more than a dec- taught by the immersion method. As soon as a few minutes of English instruction each day. ade before the American Declaration of Inde- possible after their arrival, immigrant children Ignoring the time-tested wisdom that practice pendence, they failed then to conquer the de- are placed in regular Hebrew-speaking class- makes perfect, children are taught all day long structive force of linguistic separation. The rooms, and given extra Hebrew-language in- in the foreign language they already speak, French and English settled throughout North struction to help them catch up with their rather than in English. And children who America, but the lesions of language that live classmates. Those arriving to take degrees at should be moved quickly into mainstream on in Canada are healed in our country. Israel's universities must prove their Hebrew classes are kept in language separation for 7 Today, centuries after the French settlement proficiency before graduation, even if their de- or more years. of Quebec, the French language serves as a grees are in subjectsÐsuch as French, Rus- Immigrant parents who have expressed seri- reason for the QueÂbeÂcois refusal to become sian, or EnglishÐthat may be taught in their ous concerns about this practice have no re- integrated into a Canadian nation. The contin- mother tongues. course. Despite parental fears that bilingual ued existence of Canada as we know it is very Just as in America, those immigrants who programs do not bring their children fully into much in doubt. arrive later in life inevitably remain more com- the fold of American society, nothing is done Canada chose to make both English and fortable with their mother tongue. And just as to help their kids. That's why dozens of Latino French its official languages. It has striven for in America, the culture and society of Israel is parents at the Ninth Street School in Los An- decades to foster unity through official hospitable to such people: The Israeli press geles recently pulled their children out of multilingualism. The evidence is clear: that ex- includes newspapers published in German, school to protest the education bureaucracy's periment is a horrid failure. Linguistic dif- Russian, French, Yiddish, and many other for- refusal to teach their children in English. ferences have not promoted national harmony, eign languages. Although none of these for- Bilingual education programs often require but rather have dramatically increased Can- eign languages is the official language of Is- teaching children in their native language and ada's cultural and communal divisions. Twice rael, their use is welcomed in a free society. discourage the learning of English. These pro- in recent years, QueÂbeÂcois have demanded But Israel's insistence on Hebrew as the na- grams are a shameful example of the damage and won the right to vote on whether they tional language insures that the children of im- to our society caused by official should separate from Canada. And when they migrants quickly become Hebrew speakers multilingualism. They are wasteful, discrimina- did so most recently, in October 1995, only first, and speakers of their parents' language tory, and too often produce children who are the barest majorityÐ50.6 percent of Quebec second. Although a parent might wish for her illiterate in any language. Yet they are perpet- votersÐmanaged to save the country from the children to speak English as well as an Amer- uated by a requirement that 75 percent of kind of disintegration that we ourselves avoid- ican, this does not come at the expense of Federal bilingual education grant money be ed in the Civil War. A third vote could be held embracing Israel's language and customs. Im- used for instruction in a child's native lan- as soon as next year. Multilingualism has be- migrants need not abandon their ties to the guage rather than finding the most effective come a dagger pointed at the heart and soul country of their birth. But if they truly wish to means to assist the transition to English. In- of the Canadian nation. become part of the country of their choice, the stead of helping immigrants and their children The largest immigrant-absorbing nation on linguistic bonds to their new country soon achieve the American dream, these policies earth, in percentage terms, is Israel. Millions strengthen. are condemning generations to isolationÐcut of emigres from around the world, speaking as Because Canadians have been unable to off from the boundless opportunity our country many tongues as Babel, have been welcomed overcome the linguistic differences that sepa- offers to those who share the common bond there. Israel's founding fathers, in contrast to rate them into distinct Anglophone and of speaking and writing the same language, Canada, have long recognized the centrality of Francophone communities, they may not long and being understood by their fellow citizens. language to their quest to reestablish a Jewish remain as members of a single nationÐde- A 1995 study by Ohio University economists state in their historical homeland. spite the essential homogeneity of their popu- Richard Vedder and Lowell Galloway finds The Jews who have returned to the Holy lation. By stressing a single, unifying lan- that a lack of English skills has trapped almost Land shared a common history and religion, guage, Israel has built a strong, cohesive soci- 1.5 million immigrants in poverty. And the De- but they brought with them enough different etyÐdespite the amazingly diverse composi- partment of Labor has found that while 98 per- native languages to threaten all hope of a co- tion of its people. cent of Asian males who are fluent in English hesive nation. While Yiddish, the German- The lesson for America should be clear. participate in the labor force, fully one-quarter Jewish dialect spoken by East European Fortunately, the United States already has a of Asian males who lack English fluency are Jews, at least overcame that group's experi- common language. We do not need to over- jobless. The simple truth is that those who H9752 CONGRESSIONAL RECORD — HOUSE August 1, 1996 cannot function in our country's predominant respondence to our constituents. These citi- person's need and right to be assured that language are less able to find jobs. As a re- zens deserve equal representation and access their basic rights are protected. We will do sult, they are cheated of the opportunity for to their Federal Government, and denying more harm than good by imposing require- improvement and happiness that America Congress the ability to communicate with them ments that disenfranchise the rights of citizens promises to millions. limits their rights and privileges under the law. under the banner of a common English lan- Even when non-English speakers are able An amendment to be offered will address this guage. If we are to continue to be a nation to find jobs, they can expect to earn a fraction problem, which this House will adopt, but what which accepts diversity and cultural difference, of what others earn. In 1989, immigrant men about the Department and Agencies employ- we must defeat this legislation which imposes who lacked English skills earned $233 a week ees who this measure ties into knots so peo- great risk to the core American values and on average, according to the Bureau of Labor ple are denied help and service. promise of our society and our great nation Statistics. Those who spoke other languages While restricting the ability of the U.S. Gov- the United States of America. but were proficient in English earned $449, ernment to adequately communicate with cer- Mr. POMEROY. Mr. Chairman, I rise in op- and those who spoke primarily English earned tain Americans, this bill ironically does nothing position to the English Language an average of $584 a week. A 1995 study by to provide opportunities to those with limited Empowerment Act. the Latino Institute has confirmed that the abil- English proficiency in order to help them learn I cosponsored this bill under the mistaken ity to speak English can make the difference our language. In fact, the fiscal year 1997 assumption it was for the purpose of designat- between a low-wage job and a high-wage Labor, Health and Human Services, Education ing English as the official language of this managerial, professional, or technical job. appropriations bill recently passed by the country. These facts paint an unmistakable picture. House cuts bilingual and immigrant education I now understand the bill goes far beyond Immigrant communities themselves recognize programs by 11 percent. This funding reduc- this purpose and would attempt to impose a what must be done: According to the U.S. De- tion, if taken together with this bill, would pull clearly unconstitutional proscription on the partment of Education, 42 percent of new en- the rug out from under the majority of immi- ways in which the Federal Government com- rollees in adult education are signed up for grants who are diligently attempting to learn municates with its taxpayers. I further object to classes in English as a foreign language. Al- English and further aggravate and polarize ex- the provision which has been added to this bill most all of those enrolleesÐ97 percent of isting language barriers in this country. to repeal the requirement of the Voting Rights themÐwere born outside the United States. The main public school system in my dis- Act for bilingual ballots in certain areas. As The drive for self-improvement these stu- trict, St. Paul Public Schools, is already strug- President Ronald Reagan said, the bilingual dents demonstrate reflects an understanding gling to provide this English language instruc- ballot requirement, ``proves our unbending of what America itself must not take for grant- tion to its limited English proficiency [LEP] stu- commitment to voting rights.'' ed: that language is the foundation on which dents, the majority of who are Southeast Since coming to Congress, I have consist- all human interaction rests. In America, where Asian. The school district has over 6,500 LEP ently worked to include more Americans in the the principal language of interaction is English, students and only 150 LEP teachers. This lim- electoral process. This bill discourages partici- its use and active promotion through Govern- its the number LEP instruction hours per stu- pation for many Americans, and I find that un- ment policy can pave the way for unprece- dent and increases student-teacher ratios to acceptable. dented opportunity and national prosperity. But 60 to 1 in most classrooms. These budget In summary, I believe this bill does not ef- just as a common language opens the door to strains will only become greater in the future fectively promote English as the official lan- communication, so too the lack of it erects a as the student population with limited English guage, but has an unacceptable punitive im- barrier not easily overcome. If the common proficiency grows, and it is, by any measure, pact on those in the process of gaining pro- bond of a national language is neglected and the fastest growing population of students in ficiency in our common language. denigrated long enough, experience teaches the St. Paul Public School System. Clearly, Ms. MCKINNEY. Mr. Chairman, Este that the Nation itself will ultimately suffer. Such more resources are needed in these areas proyecto de ley es una desgracia y no es an important key to realizing the American and in educating adults who are new arrivals necesario. How rude can the Republican lead- dream ought not be kept from those who to the United States. This opportunity must be ership be? At a time when America is hosting come to the United States. presented to these citizens, not the punitive the world in Atlanta, here we are trying to si- As we continue to welcome new Americans denial of access to their Federal Government. lence other languages in some kind of per- to our shores, we must ensure that misguided No one is suggesting that learning English verted, xenophobic frenzy. national policies do not undermine the impor- is unimportant in the effort to live, work, learn, Why not ban New York Accent English, or tant role of a common language of national and earn in the United States. We must re- ban Southern English? Who are we to tell the understanding. English as the official language member, however, that our Nation is com- American peopleÐa free and diverse peo- of our Government encourages its use by all prised of people from many diverse cultural pleÐwhich language is the only language for Americans, so as to secure brighter opportuni- backgrounds. Legal mandates denying them dignity and respect? Are we so insecure about ties and a better future for us all. access to some Government documents and our heritage that we have to lash out at other Mr. VENTO. Mr. Chairman, I rise today to other materials in their native language could languages? oppose this legislation, H.R. 123. This meas- prove to be detrimental to the rights of these And what about the native American lan- ure would establish English as the official lan- citizens who are not fully proficient in English. guages that were here long before English? guage of the United States, an unnecessary The Federal Government should not be in the Or the Americans who speak cajun? move that would only serve to polarize our business of creating new barriers to integra- Mr. Speaker, this bill is just one more exam- communities and segregate those for whom tion within our society in this manner. ple of the hot button politics that dominates English proficiency may not be so easily at- America's unity comes for hard work, dedi- this Congress since the Republicans took tained. This underlying measure is a solution cation, and pride in our Nation and its citizens, over. I just wonder who we'll be told to hate in search of a problem, which is more likely to not only from a common language. Histori- next week. disrupt and deny the rights of U.S. citizens cally, a high percentage of U.S. citizens once Mr. CONYERS. Mr. Chairman, although the than to enhance the rights of Americans. spoke poor or no English, but with patience focus of the debate surrounding this legislation This measure is unnecessary. In America, and good will, these European immigrants has been on the use of foreign languages by English is already our common language, and were accommodated. How, this measure immigrants, in reality, the core of the issue making it official will do nothing to increase its exacts a punitive action against those who concerning minority language provisions of the use. Custom and practice of our language will today face English language barriers. What is Voting Rights Act is the constitutional and civil not be enhanced by such cumbersome forced this Congress afraid of? Have the people's rights of American citizensÐboth native born feeding. Even in Government, this holds true. representatives no confidence in our culture, as well as naturalizedÐwhose first language For example, the General Accounting Office institutions, or customs that we must set in law is not English. The minority language assist- has reported that 99.94 percent of U.S. Gov- in essence a punishment for fellow citizens ance provisions of the Voting Rights Act have ernment documents are printed in English who need help in other languages such as been signed into law and supported by Presi- only. While I communicate mostly in English to Spanish or Hmong? This would simply alien- dent Ford, Reagan and Bush, as well as my constituents in the Fourth District of Min- ate new citizens from their government, and Presidents Clinton and Carter. During their nesota, I do occasionally send correspond- segregation and isolation is surely not the goal most recent reauthorization in 1992, Senator ence in other languages. The original legisla- we seek. Quite the contrary we seek tolerance HATCH said that the provisions are an `ìntegral tion would prevent my office, or any congres- and cooperation. Rather, we should integrate part of our government's assurance that Amer- sional office, from sending non-English cor- and honor our differences and recognize a icans do have . . . access'' to the ballot box. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9753 Since the minority language assistance pro- to the Constitution and the Supreme Court has in more than one language, but only if the visions of the Voting Rights Act was first long held that the right to vote implies the right State so chooses. Additionally, H.R. 123 re- adopted, they have provided a catalyst for in- to cast an informed and effective vote. To that quires that all citizenship naturalization cere- crease voter participation in language minority end, the Court has articulated that constitu- monies be conducted entirely in English. The populations. From 1980 to 1990, Latino voter tional protection extends ``to all, to those who legislation does not prohibit Members of Con- population increased by five times the rate of speak other languages as well as those both gress, Federal Employees, and Federal offi- the rest of the Nation, and the number of with English on the tongue.'' cials from communicating orally with others in Latinos registered to vote increased by ap- In 1975, Congress enacted language assist- a foreign language. Sensible exemptions are proximately 500,000 between 1990±92. Par- ance provisions to the Voting Rights Act, rec- allowed under this bill for teaching of lan- ticipation statistics for Native Americans also ognizing that large numbers of U.S. citizens guages, national security issues, international indicate an increase in turnout as a result of who primarily spoke languages other than relations, trade and commerce, public health minority language voting assistance. Recent English had been effectively excluded from and safety, rights of victims of crimes or crimi- studies confirm that nearly three-fourths of participation in our electoral process. Congres- nal defendants, and for census purposes. Spanish speaking American citizens would be sional hearings brought forth evidence that Mr. Chairman, this Member strongly urges less likely to vote if minority language assist- these citizens were denied equal opportunities his colleagues to vote in favor of H.R. 123. ance were not available. by State and local governments, resulting in Ms. EDDIE BERNICE JOHNSON of Texas. The evidence further reveals that the minor- disabilities and continuing illiteracy in the Eng- Mr. Chairman, I rise in opposition of H.R. 123, ity language provisions of the Voting Rights lish language. the misnamed English Language Act are a targeted, low cost method of ensur- Repealing these provisionsÐas title 2 of this Empowerment Act. Mr. Chairman, English-only ing the constitutional right to vote. According legislation would doÐand denying American laws, especially eliminating ballots in other to the Government Accounting Office, the av- citizens access to bilingual ballots for Federal languages, will disconnect millions of Ameri- erage cost of providing written assistance is elections would effectively disenfranchise a cans from their Government. Denying citizens minuscule, costing an average of 2.9 percent large population of U.S. citizens. In fact, as minority language assistance in voting will not of election expenses or less. Seventy-nine the number of bilingual U.S. citizens continues force or encourage them to learn English. On percent of the jurisdictions responding to this to grow the need for bilingual ballots is even the contrary, it will lead to less integration or study reported no costs in providing bilingual greater. Many of these citizens have only re- inclusion of these citizens in mainstream soci- oral assistance. cently had the opportunity to engage meaning- ety. Denying citizens minority language assist- fully in participatory democracy. Bilingual bal- According to the U.S. Bureau of the Cen- ance with regard to voting will not force or en- lots not only increase the number of registered sus, over 97 percent of Americans can speak courage them to learn English As the late voters, but permit voters to participate on an English. Research has illustrated that today's Hamilton Fish, Jr., then ranking Republican on informed basis. They not only allow voters immigrants are learning to speak English even the House Judiciary Committee so eloquently who need language assistance to be able to faster than previous generations. Publications state in 1992, ``by enabling language minority read to know who is running for office, but and information materials in other languages citizens to vote in an effective and informed also to understand more complex voting is- allow those who are learning, but not yet flu- manner, we are giving them a stake in our so- sues such as constitutional amendments. ent in English, the opportunity to participate in ciety, and this assistance . . . will lead to Language assistance is not costly. In depth our democracy by making informed decisions. more, not less, integration and inclusion of studies show that the cost was either nominal Laws to make English official in all govern- these citizens in our mainstream.'' or caused no additional costs. A GAO report mental services and departments is an avoid- The most recent reauthorization of the mi- indicates that of the 295 responding jurisdic- ance and dismissal of the fact that above all nority language provisions were approved by tions, the average cost of providing written as- institutions, our Government should respect overwhelming bipartisan margins of 237±125 sistance was 7.6 percent of the total election the differences in our social mosaic. Providing in the House, and 75±20 in the Senate. Yet, expenditures, and an estimated 18 States in- multi-lingual services promotes participation by only 4 years later, this bill would repeal these curred no additional costs in providing assist- all persons in this country and recognizes that provisions without evidence that the discrimi- ance. Oral language assistance is even less people who contribute to our tax base should nation has ended. I urge opposition to this burdensome, with costs ranging from 2.9 per- have access to services for which they are eli- measure. cent to no additional cost. gible. Ms. JACKSON-LEE of Texas. Mr. Chair- Mr. Speaker, our Nation has remained Mr. Chairman, another concern of mine is man, I rise today to express my opposition to strong and united because, while we do not that as we force non-English speaking Ameri- the rule for H.R. 123, which would establish always agree, we share a common set of cans to learn the English language, we hinder English as the official language of the Federal democratic ideals and values. Commitment to their efforts to learn English by eliminating Government. freedom, equality, tolerance and opportunityÐ funding for bilingual education programs. Rest Legislation which would establish English as not languageÐis what holds us together. I assured, Mr. Chairman, that I will continue to our only language runs counter to our Nation's urge my colleagues to oppose this rule and preserve our American heritage, however, I history and would create a new and unprece- oppose this bill. cannot deny that the American heritage has dented role for the Federal Government. The Mr. BEREUTER. Mr. Chairman, this Mem- been enriched by the culture of other nations. Founders of this country recognized the dan- ber is pleased to express his support for H.R. Mr. Chairman, I urge my colleagues to de- ger of restricting its citizens' freedom of ex- 123, legislation to declare English as the offi- feat this divisive bill. I yield back the balance pression. Language, like religion, is an in- cial language of the United States. This Mem- of my time. tensely personal form of self-expression which ber not only is a cosponsor of H.R. 123, but The CHAIRMAN pro tempore. All must not be subject to governmental regula- also this Member has a long track record of time has expired for general debate. tion. cosponsoring comparable legislation since Pursuant to the rule, the amendment This is a restrictive rule which does not 1985. in the nature of a substitute consisting allow for a number of important amendments, Non-English speakers in a society where of the text of H.R. 3898 is considered as which were offered in the Rules Committee, to English is the predominant language are alan original bill for the purpose of be offered on the floor today. I am particularly most certainly doomed to be at an economic amendment and is considered as read. concerned that an amendment offered by disadvantage in this Nation. One only has to The text of the amendment in the na- Representatives CONYERS, BECERRA, FRANK, look to the continued, divisive problems in ture of a substitute is as follows: RICHARDSON and myself was not made in Canada, Belgium, or other bilingual nations to H.R. 3898 order. This amendment would have struck title realize that the United States would be well Be it enacted by the Senate and House of Rep- II from the bill and ensured that no other sec- advised to avoid such a situation. Despite the resentatives of the United States of America in Congress assembled, tion of the bill eliminates bilingual election re- lack of political courage among a few Rep- SECTION 1. SHORT TITLE. quirements. I also offered an amendment that resentatives and Senators who represent bor- This Act may be cited as the ‘‘English Lan- would have exempted ballots for Federal elec- der States, it is high time that Congress act on guage Empowerment Act of 1996’’. tions from the bill's official English require- this matter. TITLE I—ENGLISH LANGUAGE ments. This bill eliminates the existing Federal EMPOWERMENT The right to vote is one of our most cher- mandate for bilingual ballots; however, it does SEC. 101. FINDINGS. ished and fundamental rights. It is guaranteed not make bilingual ballots illegal. Therefore, a The Congress finds and declares the follow- to all U.S. citizens by the fifteenth amendment State may continue to provide election ballots ing: H9754 CONGRESSIONAL RECORD — HOUSE August 1, 1996 (1) The United States is comprised of indi- ‘‘(3) to be informed of or be subject to offi- SEC. 103. PREEMPTION. viduals and groups from diverse ethnic, cul- cial orders in English. ‘‘This title (and the amendments made by tural, and linguistic backgrounds. ‘‘§ 164. Standing this title) shall not preempt any law of any (2) The United States has benefited and ‘‘A person injured by a violation of this State. continutes to benefit from this rich diver- chapter may in a civil action (including an SEC. 104. EFFECTIVE DATE. sity. action under chapter 151 of title 28) obtain The amendments made by section 102 shall (3) Throughout the history of the United appropriate relief. take effect on the date that is 180 days after States, the common thread binding individ- the date of enactment of this Act. uals of differing backgrounds has been a ‘‘§ 165. Reform of naturalization requirements TITLE II—REPEAL OF BILINGUAL VOTING common language. ‘‘(a) FLUENCY.—It has been the longstand- REQUIREMENTS (4) In order to preserve unity in diversity, ing national belief that full citizenship in and to prevent division along linguistic the United States requires fluency in Eng- SEC. 201. REPEAL OF BILINGUAL VOTING RE- lines, the Federal Government should main- lish. English is the language of opportunity QUIREMENTS tain a language common to all people. for all immigrants to take their rightful (a) BILINGUAL ELECTION REQUIREMENTS.— (5) English has historically been the com- place in society in the United States. Section 203 of the Voting Rights Act of 1965 mon language and the language of oppor- ‘‘(b) CEREMONIES.—All authorized officials (42 U.S.C. 1973aa–1a) is repealed. tunity in the United States. shall conduct all naturalization ceremonies (b) VOTING RIGHTS.—Section 4 of the Vot- (6) The purpose of this title is to help im- entirely in English. ing Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). migrants better assimilate and take full ad- ‘‘§ 166. Application vantage of economic and occupational oppor- ‘‘Except as otherwise provided in this SEC. 202. CONFORMING AMENDMENTS. tunities in the United States. chapter, the provisions of this chapter shall (a) REFERENCES TO SECTION 203.—The Vot- (7) By learning the English language, im- supersede any existing Federal law that con- ing Rights Act of 1965 (42 U.S.C. 1973 et seq.) migrants will be empowered with the lan- travenes such provisions (such as by requir- is amended— guage skills and literacy necessary to being the use of a language other than English (1) in section 204, by striking ‘‘or 203,’’; and come responsible citizens and productive for official business of the Federal Govern- (2) in section 205, by striking ‘‘, 202, or 203’’ workers in the United States. ment). and inserting ‘‘or 202’’. (8) The use of a single common language in (b) REFERENCES TO SECTION 4.—The Voting ‘‘§ 167. Rule of construction conducting official businesss of the Federal Rights Act of 1965 (42 U.S.C. 1973 et seq.) is Government will promote efficiency and fair- ‘‘Nothing in this chapter shall be con- amended— ness to all people. strued— (1) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, (9) English should be recognized in law as ‘‘(1) to prohibit a Member of Congress or an and 13, by striking ‘‘, or in contravention of the language of official business of the Fed- employee or official of the Federal Govern- the guarantees set forth in section 4(f)(2)’’; eral Government. ment, while performing official business, (2) in paragraphs (1)(A) and (3) of section (10) Any monetary savings derived from from communicating orally with another 4(a), by striking ‘‘or (in the case of a State the enactment of this title should be used for person in a language other than English; or subdivision seeking a declaratory judg- the teaching of the English language to non- ‘‘(2) to discriminate against or restrict the ment under the second sentence of this sub- English speaking immigrants. rights of any individual in the country; and section) in contravention of the guarantees SEC. 102. ENGLISH AS THE OFFICIAL LANGUAGE ‘‘(3) to discourage or prevent the use of of subsection (f)(2)’’; OF FEDERAL GOVERNMENT. languages other than English in any nonoffi- (3) in paragraph (1)(B) of section 4(a), by (a) IN GENERAL.—Title 4, United States cial capacity. striking ‘‘or (in the case of a State or sub- Code, is amended by adding at the end the ‘‘§ 168. Affirmation of constitutional protec- division seeking a declaratory judgment following new chapter: tions under the second sentence of this subsection) ‘‘CHAPTER 6—LANGUAGE OF THE ‘‘Nothing in this chapter shall be con- that denials or abridgements of the right to FEDERAL GOVERNMENT strued to be inconsistent with the Constitu- vote in contravention of the guarantees of ‘‘See. tion of the United States. subsection (f)(2) have occurred anywhere in ‘‘161. Declaration of official language of Fed- ‘‘§ 169. Definitions the territory of such State or subdivision’’; and eral Government ‘‘For purposes of this chapter: ‘‘162. Preserving and enhancing the role of (4) in paragraph (5) of section 4(a), by strik- ‘‘(1) FEDERAL GOVERNMENT.—The term the official language ing ‘‘or (in the case of a State or subdivision ‘Federal Government’ means all branches of ‘‘163. Official Federal Government activities which sought a declaratory judgment under the national Government and all employees in English the second sentence of this subsection) that and officials of the national Government ‘‘164. Standing denials or abridgements of the right to vote while performing official business. ‘‘165. Reform of naturalization requirements in contravention of the guarantees of sub- ‘‘(2) OFFICIAL BUSINESS.—The term ‘official ‘‘166. Application section (f)(2) have occurred anywhere in the business’ means governmental actions, docu- ‘‘167. Rule of construction territory of such State or subdivision’’. ‘‘168. Affirmation of constitutional protec- ments, or policies which are enforceable with tions the full weight and authority of the Federal The CHAIRMAN. No other amend- ‘‘169. Definitions Government, and includes publications, in- ment shall be in order except those ‘‘§ 161. Declaration of official language of Fed- come tax forms, and informational mate- printed in House Report 104–734 or pur- eral Government rials, but does not include— suant to the order of the House of ‘‘The official language of the Federal Gov- ‘‘(A) teaching of languages; today. ernment is English. ‘‘(B) actions, documents, or policies nec- The amendments printed in the re- ‘‘§ 162. Preserving and enhancing the role of essary for— port may be considered only in the ‘‘(i) national security issues; or the official language order specified, may be offered only by ‘‘Representatives of the Federal Govern- ‘‘(ii) international relations, trade, or commerce; a Member designated in the report, ment shall have an affirmative obligation to shall be considered read, shall be de- preserve and enhance the role of English as ‘‘(C) actions or documents that protect the the official language of the Federal Govern- public health and safety; batable for the time specified in the re- ment. Such obligation shall include encour- ‘‘(D) actions or documents that facilitate port, equally divided and controlled by aging greater opportunities for individuals the activities of the Bureau of the Census in the proponent and an opponent, shall to learn the English language. compiling any census of population; not be subject to amendment, except as ‘‘(E) actions, documents, or policies that ‘‘§ 163. Official Federal Government activities specified in the report, and shall not be are not enforceable in the United States; in English ‘‘(F) actions that protect the rights of vic- subject to a demand for division of the ‘‘(a) CONDUCT OF BUSINESS.—Representa- tims of crimes or criminal defendants; question. tives of the Federal Government shall con- ‘‘(G) actions in which the United States Pursuant to the order of the House of duct its official business in English. has initiated a civil lawsuit; or today, the amendment numbered 1 ‘‘(b) DENIAL OF SERVICES.—No person shall be denied services, assistance, or facilities, ‘‘(H) documents that utilize terms of art or printed in the report by the gentleman directly or indirectly provided by the Fed- phrases from languages other than English. from California [Mr. CUNNINGHAM] may eral Government solely because the person ‘‘(3) UNITED STATES.—The term ‘United be offered as modified. communicates in English. States’ means the several States and the The Chairman of the Committee of District of Columbia.’’. ‘‘(c) ENTITLEMENT.—Every person in the the Whole may postpone until a time ‘‘(b) CONFORMING AMENDMENT.—The table United States is entitled— during further consideration in the ‘‘(1) to communicate with representatives of chapters for title 4, United States Code, is of the Federal Government in English; amended by adding at the end the following Committee of the Whole a request for a ‘‘(2) to receive information from or con- new item: recorded vote on amendment, and re- tribute information to the Federal Govern- ‘‘6. Language of the Federal Govern- duce to 5 minutes the minimum time ment in English; and ment ...... 161’’. for electronic voting on any postponed August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9755 question that follows another elec- pute over whether coins labeled ‘‘E does not burden our bureaucracy. tronic vote without intervening busi- Pluribus Unum’’ are documents, and Using Spanish or Polish or German to ness, provided that the minimum time would be authorized. contact a constituent, collect taxes or for electronic voting on the first in any Mr. Chairman, I reserve the balance cast a ballot does not lead to confu- series of questions shall be 15 minutes. of my time. sion. It enhances communication. It It is now in order to consider amend- Mr. BECERRA. Mr. Chairman, I yield adds color and clarity and dignity to ment No. 1 printed in House Report 2 minutes to the gentleman from New our ideas. That brings us closer to- 104–734, as modified under the previous Jersey [Mr. PALLONE]. gether. order of the House. Mr. PALLONE. Mr. Chairman, I con- English-only laws disenfranchise AMENDMENT, AS MODIFIED, OFFERED BY MR. sider this legislation basically an in- Americans who pay taxes, play by the CUNNINGHAM sult to the English language and also rules and send their children off to war. Mr. CUNNINGHAM. Mr. Chairman, I un-American because basically it vio- Speaker NEWT GINGRICH often says offer an amendment, as modified. lates free speech and also discourages that words have power. Therefore, by The CHAIRMAN. The Clerk will des- diversity, which I think is a hallmark the Speaker’s own logic, if you deny ignate the amendment. of our American tradition. specific groups of Americans the abil- The text of the amendment, as modi- The legislation has nothing to do ity to use words that are part of their fied, is as follows: with protecting the English language. culture, you strip them of their power. Amendment, as modified, offered by Mr. English is a wonderful language that Poll taxes and literacy taxes which CUNNINGHAM: Page 1, line 4, insert before has survived for years in various once stripped African-Americans of ‘‘English’’ the words ‘‘Bill Emerson.’’ places. To think that the language of their God-given rights have now been Page 6, after line 5, insert the following Shakespeare has to have government reborn, renamed and retargeted to (and redesignate any subsequent paragraphs help to survive. strike at other minority groups. accordingly): How ironic that our Republican English only is the Jim Crow of the ‘‘(2) to limit the preservation or use of Na- friends on the other side want to use 1990’s. Americans of all backgrounds tive American languages;’’ government involvement to preserve are its victim. Latinos are certainly its Page 7, after line 3 insert the following the English language, which is why I (and redesignate any subsequent subpara- primary targets but English-only is graph accordingly): think it is an insult to the language. I also a threat to Polish and Italian ‘‘(B) requirements under the Individuals consider it un-American because the Americans, to Chinese and Ukrainian with Disabilities Education Act;’’. legislation only has two purposes: first, Americans. Page 7, line 20, strike ‘‘documents that uti- to make it difficult for government to In fact, Mr. Chairman, English only lize’’ and insert ‘‘using’’. communicate with its citizens; and, is a threat to America itself. It rep- Mr. CHAIRMAN. Pursuant to House second, to discourage the use of other resents a rejection of America’s past. Resolution 499, the gentleman from languages. Contrary to whatever my There was a time when immigrants California [Mr. CUNNINGHAM] and a colleagues might say on the other side, were once called upon to create a cul- Member opposed will each control 5 that is the real purpose of this bill. ture, not just to conform to it. English minutes. Mr. Chairman, when I say making it only strips America of its future as The Chair recognizes the gentleman difficult for government ot commu- well. After all, what awaits us if we from California [Mr. CUNNINGHAM]. nicate with citizens, why is it that in deny certain voters a role in their gov- my office that I cannot hand out a bro- b 1415 ernment, if we deny certain students chure on this bill in another language? the chance to learn? We deny them the Mr. CUNNINGHAM. Mr. Chairman, is I have people that come into my office chance to pursue their potential and there someone in opposition to the that speak Spanish, Italian, various In- contribute to America. We deny Amer- amendment to claim the time? dian dialects, a whole panoply, really, ica of its hope. The CHAIRMAN. Is the gentleman of people that speak various languages. Mr. Chairman, the United States did from California [Mr. BECERRA] claim- I should be able to speak to them, not achieve greatness because we all ing the time? write to them, communicate with them speak with one voice. Our country is Mr. BECERRA. Mr. Chairman, while however I please, in any language that great because we can, if we wish, speak I do not oppose this particular amend- helps them if they are citizens, which with many voices. ment, I ask unanimous consent to con- they are. It does not make sense, it is Mr. CUNNINGHAM. Mr. Chairman, I trol the time in opposition to this against free speech. yield 2 minutes to the gentleman from amendment. I understand that this re- Second, Mr. Chairman, this bill dis- Wisconsin [Mr. ROTH]. quest has been worked out with the courages the use of other languages in Mr. ROTH. I thank the gentleman for majority. public and private places. Do not get yielding me this time. The CHAIRMAN. Without objection, the idea that the opposite is true. Let Mr. Chairman, this bill is long over- the gentleman from California [Mr. me give Members an idea. I never due. I have a question for my col- BECERRA] will control the 5 minutes in learned Italian, in part because my leagues in this Chamber. When you opposition to the amendment. grandparents did not want me to, but it take a look at economic statistics and There was no objection. would be a great asset to me and to my notice who is earning the lowest in- Mr. CUNNINGHAM. Mr. Chairman, I children to know Italian. But if you come, you will find that the people who yield myself 1 minute. put out this notion, this symbol, if you are not speaking English, or who are The Chairman, I think we have will, that people should only speak not fluent in English, are at the bot- agreement on this particular amend- English, which is what this is about, it tom. Why do you want to keep the peo- ment. It clarifies that the bill does not discourages diversity, it discourages ple at the bottom of the income scale? affect native American languages or people form learning other languages Give the people a chance. Give the peo- the Individuals with Disabilities Edu- and using them. We should be doing the ple a chance to earn a decent income. cation Act, that are in IDEA, the spe- opposite. This is a global economy. But first you have to give them a cial education program, that we want People should use languages as an chance to learn the English language. to make sure that children in special asset. In this country with so many dif- Everyone knows that the English education can communicate in this ferent traditions, we should be encour- language is the language of oppor- way, and it excludes that. aging diversity, not discouraging it. tunity in the United States. I had a The intent of H.R. 123 is not to hinder Mr. BECERRA. Mr. Chairman, I yield hearing on this bill over 3 years ago, the preservation of native American 2 minutes to the gentleman from Illi- when we were still the minority. Do languages. It is to encourage fluency in nois [Mr. GUTIERREZ]. you know who the strongest supporters the language of American opportunity, Mr. GUTIERREZ. Mr. Chairman, de- are of this bill? The new Americans. We English. spite the red hot rhetoric of those who had Latinos from all over America, es- This is a technical change that elimi- are trying to score cheap political pecially California, come in. They are nates the limiting reference to docu- points, the truth is this. Diversity does all for this legislation, because they ments. This resolves a committee dis- not divide our Nation. Bilingualism want their kids to have a chance, a H9756 CONGRESSIONAL RECORD — HOUSE August 1, 1996 chance that they may not have had. So amendment and in raising this important issue. lawsuits, rights of crime victims or we are speaking for the new Americans Under the Cunningham amendment, however, criminal defendants, or oral commu- here. Native Alaskan is not exempted, and it is not nication by the Federal Government. Mr. Chairman, I am not accusing clear which definition of native American is Mr. Chairman, when talking about anyone, but I get suspicious sometimes used. diversity, the census study shows that when I hear the politicians get up and My second degree amendment clarifies that there are going to be 20 million Ameri- speak. They are so out of step with the the bill does not affect Native Alaskan or na- cans that either do not speak English people they say they represent that it tive American languages as defined under the or are limited English-proficient. What is night and day. I often think that the Native American Languages Act. Under the hope does that person have or that politicians want to keep these people Native American Languages Act, the term family? None. In my own district, I can down, keep them under their thumb. ``Native American'' means an Indian, Native walk precincts and go in entire blocks I think it is about time we liberate Hawaiian, or native American Pacific Islander. where no one in that house except the people. Let us give them a chance My second degree amendment ensures that maybe the child that is going to school to learn the English language so they indigenous languages to the United States are speaks English. No one. What help does can compete in America. Teddy White, not prohibited from being spoken or written in that child have when they go home on and Arthur Schlesinger both have said our communities. The amendment is an affir- geometry or chemistry? None. It is be- that, as we come to the 21st century, mation of indigenous languages and their con- cause the Government has subsidized the greatest fear they have for our tribution to our society. I am pleased with Con- and sent information, and there is no country is that America is breaking up gressman CUNNINGHAM's willingness to accept intent to ever learn English. Some of into squabbling ethnic groups. Winston this second degree amendment, and for his in- the people there have been there since Churchill said a common language is a tent in offering his amendment. 1986 where we waived the rights for il- Nation’s most precious inheritance. We Mr. BECERRA. Mr. Chairman, I yield legal coming in. Some of those same want to hand this common language on 30 seconds to the gentleman from Mon- individuals have never even left that to our children and to our grand- tana [Mr. WILLIAMS]. block. you talk about imprisonment. children, and to all groups in America. Mr. WILLIAMS. I thank the gen- All we are doing is saying that we want Mr. Chairman, there are many quotes tleman very much for yielding me this the Government to operate in the offi- from distinguished speakers on this time. cial language. I would say that the issue, but the most insightful quote of Mr. Chairman, I only wanted to make State and the local have got full right all, I think, comes from Linda Chavez. the point with regard to the very im- to communicate. In many instances in She said, and I quote: For the over- portant matter which just preceded this bill we do not prohibit the Mem- whelming majority of immigrant chil- this, that of these 300 plus so-called bers from communicating with their dren, learning English was the first and foreign languages that we have heard constituents. I appreciate Members’ most crucial step on the road to be- about, almost half of them are native support for the amendment. coming an American. languages, indigenous languages to the The CHAIRMAN. The question is on Is that not true? original people of the United States, the amendment offered by the gen- Mr. BECERRA. Mr. Chairman, I yield languages that were here hundreds of tleman from California [Mr. such time as he may consume to the years before English. CUNNINGHAM], as modified. gentleman from Guam [Mr. Mr. BECERRA. Mr. Chairman, I yield The amendment, as modified, was UNDERWOOD]. the balance of my time to the gentle- agreed to. (Mr. UNDERWOOD asked and was woman from Oregon [Ms. FURSE]. The CHAIRMAN. The Chair is ad- given permission to revise and extend The CHAIRMAN. The gentlewoman vised that the amendments numbered 2 his remarks.) from Oregon [Ms. FURSE] is recognized through 4 will not be offered. MODIFICATION OFFERED BY MR. UNDERWOOD TO for 30 seconds. It is now in order to consider amend- THE AMENDMENT OFFERED BY MR. CUNNINGHAM Ms. FURSE. Mr. Chairman, as some- ment No. 5 printed in House Report Mr. UNDERWOOD. Mr. Chairman, I one who came to this country speaking 104–734. ask unanimous consent that the pend- what is termed the Queen’s English and b 1430 ing amendment offered by the gen- when I learned American, I want to point out in an English phrase what AMENDMENT IN THE NATURE OF A SUBSTITUTE tleman from California [Mr. OFFERED BY MR. SERRANO this legislation embodies: That phrase CUNNINGHAM], the chairman of the sub- Mr. SERRANO. Mr. Chairman, I offer is cutting off one’s nose to spite one’s committee, be modified by the form an amendment in the nature of a sub- that I have placed at the desk. face. This country is made up of diversity. stitute. The CHAIRMAN. The Clerk will re- The CHAIRMAN. The Clerk will des- This country is big enough to include port the modification. ignate the amendment in the nature of all the languages and all the people. The Clerk read as follows: a substitute. Let us not cut off our noses to spite our Modification offered by Mr. UNDERWOOD to The text of the amendment in the na- the amendment offered by Mr. CUNNINGHAM: faces. ture of a substitute is as follows: In the amendment, strike ‘‘Native American Mr. CUNNINGHAM. Mr. Chairman, I Amendment in the nature of a substitute languages’’ and insert ‘‘Native Alaskan or yield myself the balance of my time. offered by Mr. SERRANO: Native American languages (as defined in The CHAIRMAN. The gentleman Strike all after the enacting clause and in- the Native American Languages Act).’’ from California [Mr. CUNNINGHAM] is sert the following: The CHAIRMAN. Without objection, recognized for 2 minutes. SECTION 1. SHORT TITLE. the amendment is modified. Mr. CUNNINGHAM. Mr. Chairman, it This Act may be cited as the ‘‘English Plus There was no objection. is not an English-only bill. It is an offi- Act’’. Mr. UNDERWOOD. Mr. Chairman, I cial language of the Government bill. If SEC. 2. FINDINGS. thank the gentleman from California it were an English-only bill, it would The Congress finds the following: on behalf of the linguistically liberated apply not only to government but to (1) English is the primary language of the people from Guam. private businesses, to churches, to United States, and all members of the society recognize the importance of English to Mr. Chairman, I rise today to clarify my in- neighborhoods and homes, and the bill national life and individual accomplishment. tent in offering a second degree amendment does not do that. (2) Many residents of the United States to the Cunningham amendment. As a result of The gentlewoman talks about diver- speak native languages other than English, my amendment to the manager's amendment, sity. We encourage diversity and we en- including many languages indigenous to this indigenous languages of Native Alaska, native courage other languages, as in my own country, and these linguistic resources need America and the Pacific will be affirmed and children. H.R. 123 does not apply to to be conserved and developed. homes and churches, and neighbor- (3) This Nation was founded on a commit- exempted from the English-only bill. ment to democratic principles, and not on The Cunningham amendment clarifies that hoods, and communities, to public racial, ethnic, or religious homogeneity, and the provisions of the bill do not affect native health, and safety, national security, has drawn strength from a diversity of lan- American languages. I appreciate the intent of international relations, the teaching of guages and cultures and from a respect for Congressman CUNNINGHAM in offering his languages, the census, certain civil individual liberties. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9757 (4) Multilingualism, or the ability to speak opposition will be recognized for 30 language so that I cannot commu- languages in addition to English, is a tre- minutes. nicate with the foreign minister from mendous resource to the United States be- Mr. CUNNINGHAM. Mr. Chairman, I Mexico in Spanish or the new president cause such ability enhances American com- rise in opposition, and I ask unanimous from the Dominican Republic who will petitiveness in global markets by permitting consent that 15 minutes of the 30 min- improved communication and cross-cultural be writing to me, as I know he will, in understanding between producers and suppli- utes I control be controlled by the gen- Spanish. I will have to write to him ers, vendors and clients, and retailers and tleman from Florida [Mr. CANADY]. back in English, unless I break rules of consumers. The CHAIRMAN. Is there objection this House. (5) Multilingualism improves United to the request of the gentleman from We are sending a message to the States diplomatic efforts by fostering en- California? world that if they want to speak to us hanced communication and greater under- There was no objection. or write to us, they must do it in our standing between nations. The CHAIRMAN. The gentleman (6) Multilingualism has historically been language because we are too arrogant from Florida [Mr. CANADY] will control to deal with them. an essential element of national security, in- 15 minutes and the gentleman from cluding the use of Native American lan- This is a misguided concept and one California [Mr. CUNNINGHAM] will con- guages in the development of coded commu- that is not necessary. My amendment nications during World War II, the Korean trol 15 minutes in opposition. in the nature of a substitute, English The Chair recognizes the gentleman War, and the Vietnam War. Plus, says that English only is unnec- (7) Multilingualism promotes greater from New York [Mr. SERRANO]. Mr. SERRANO. Mr. Chairman, I yield essary. It recognizes that English is cross-cultural understanding between dif- the language of this land. It encourages ferent racial and ethnic groups in the United myself 5 minutes. States. (Mr. SERRANO asked and was given all residents and citizens to speak Eng- (8) There is no threat to the status of Eng- permission to revise and extend his re- lish. It asks Government to help each lish in the United States, a language that is marks.) one of us to learn to speak English, but spoken by 97 percent of United States resi- Mr. SERRANO. Mr. Chairman, the it also says, my amendment, that we dents, according to the 1990 United States discussion we are having today is a recognize that there are other lan- Census, and there is no need to designate any classic example of how a nonissue be- guages in this country, and that rather official United States language or to adopt than running away from them and similar restrictionist legislation. comes somewhat of an issue in this (9) ‘‘English-only’’ measures, or proposals House. It seems that everyone is say- being nervous about them, we should to designate English as the sole official lan- ing, on that side of the aisle, that there recognize them as a resource for our guage of the United States, would violate is a major problem with the English country. traditions of cultural pluralism, divide com- language in this country; that some- The message should be, sure, there munities along ethnic lines, jeopardize the how people do not want to learn to are some of us who speak Spanish and provision of law enforcement, public health, speak English; that children are run- Japanese and French and German, education, and other vital services to those ning around this Nation speaking only other languages. We will learn to speak whose English is limited, impair government other languages and not English, and English, we will function in English, efficiency, and undercut the national inter- but if we maintain that second lan- est by hindering the development of lan- that somehow, unless we here today guage skills needed to enhance international and later on in the other House protect guage, we use it as a symbol to the competitiveness and conduct diplomacy. the English language, the language and world that we are ready to deal with (10) Such ‘‘English-only’’ measures would the Nation will somehow cease from them; that we are not in a phobia represent an unwarranted Federal regulation being the great language and the great about languages. of self-expression, abrogate constitutional Nation that they are today and become What my amendment simply says is rights to freedom of expression and equal something that we will not recognize. that we recognize who we are as a peo- protection of the laws, violate international What is interesting about this ple, but we recognize the diversity in human rights treaties to which the United nonissue being made into somewhat of our country and we strengthen that di- States is a signatory, and contradict the spirit of the 1923 Supreme Court case Meyer an issue is that it is totally false. The versity by supporting English as our v. Nebraska, wherein the Court declared that fact of life is, as has been said on this common and main language, as the ‘‘The protection of the Constitution extends floor, that 97 percent of Americans, ac- language of this country, but also not to all; to those who speak other languages as cording to the Census Bureau, speak suggesting that to speak another lan- well as to those born with English on the English; that people who come to this guage, to read another language is a tongue.’’. country, incidentally, whether with problem. SEC. 3. GOVERNMENT POLICIES. documents or without documents, are Now, I could have delivered for Mem- The United States Government should pur- coming here for one specific reason. bers this speech, whether they think it sue policies that promote English as the They want to make a new life for is good or bad, in Spanish totally, and common language of the United States and themselves and for their children. They I could write it in Spanish and I could that— (1) encourage all residents of this country leave behind their country, in many read it back in Spanish. I do not think to become fully proficient in English by ex- cases they leave behind members of the fact that I am bilingual, that I lis- panding educational opportunities and infor- their family. Now, does it make any ten to music and lyrics in two lan- mational resources; sense that the first statement they guages, that I read literature in two (2) conserve and develop the Nation’s lin- hear upon arriving in our country is languages has in any way hurt me at guistic resources by encouraging all resi- that they do not want to speak Eng- all. On the contrary, I think, at times, dents of this country to learn or maintain lish? I may be an asset to this House because skills in a language other then English; (3) respect the treaties with and the cus- I can tell my colleagues through a I know what people are saying in Latin toms of Native Americans, Native Alaskans, personal example that in the Hispanic America. I do not know the trans- Native Hawaiians, and other peoples indige- and the Puerto Rican community when lation, I know exactly what they are nous to the United States and its territories; people sit around a dinner table and saying in Latin America and how they (4) continue to provide services in lan- the issue of language comes up, it is are saying it. guages other than English as needed to fa- never a plot against the English lan- Let us not run away from the cilitate access to essential functions of gov- guage, it is a lament about the fact strength of this country. Let us sup- ernment, promote public health and safety, that the children and the grand- port this amendment and make English ensure due process, promote equal educational opportunity, and protect fundamen- children no longer speak Spanish. Plus the way of the land. tal rights; and Whether it be rap music or rock or soul Mr. CANADY of Florida. Mr. Chair- (5) recognize the importance of or the latest dance craze, television, man, I yield myself such time as I may multilingualism to vital American interests ‘‘Nick’’ during the day or ‘‘Nick at consume. and individual rights, and oppose restriction- Night,’’ whether it is school or the Mr. Chairman, American society has ist language measures. street, English empowers and takes developed on the melting pot theory. The CHAIRMAN. Pursuant to House over everyone’s life so that English be- We are a nation of immigrants from di- Resolution 499, the gentleman from comes, in fact, the common language. verse backgrounds and cultures who New York [Mr. SERRANO] will be recog- What we are saying here today is have come together as one people, the nized for 30 minutes and a Member in that we want to make it the official American people. H9758 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Learning to communicate in English Mr. Chairman, I reserve the balance somehow a horrible violation of human is one of the most important ways in of my time. rights to insist that people living here, which this coming together, the trans- Mr. SERRANO. Mr. Chairman, I yield and especially people who move here formation from the many to one, takes 2 minutes to the gentleman from Penn- deliberately from elsewhere, learn our place. Of necessity, each of us or our sylvania [Mr. FOGLIETTA]. language? forefathers have had to learn English Mr. FOGLIETTA. Mr. Chairman, Federal statutes require right now in order to succeed. As Americans, we some of my colleagues, including my that every applicant for naturalization all value our heritage, but we also rec- friend the gentleman from New York, must demonstrate an understanding of ognize that as Americans, we must be- JOSE´ —I am sorry, should it be JOSEPH— the English language, including an come proficient in English if we are to SERRANO, may be surprised to hear ability to read, write and speak words fully participate in all facets of Amer- this, but I rise to say that I think that in ordinary usage in the English lan- ican life. H.R. 123 might be a good bill. I would guage. The 1975 bilingual ballot amendments like to propose maybe that we should Now, that is tremendously impor- to the Voting Rights Act have had the have a few other amendments to make tant. Why are we even debating this? It effect, whether intended or not, of en- this bill even better than it is. is in the statute right now. There are couraging minority language depend- I propose that the bill be amended to special exemptions for those physically ency and therefore self-imposed seg- require that all of our embassies use unable to do so or those over 50 years regation, both politically and cul- English as their only language, an of age who have resided in this country turally. amendment also requiring our embas- for 20 years or more. English is our common language of sies here in Washington to speak only We are threatening no one by declar- discourse. In recognition of this fact, English. ing that the official language of this now more than ever, the Federal Gov- I propose that we have an amend- nation of immigrants is english. With ernment has a responsibility to look ment barring any Federal money to be so many cultures and so many tradi- for things to bring us together as a na- paid to interpreters in this Nation. tions, none of which do we seek to sup- tion and unify us rather than encour- I propose that we have an amend- press or denigrate, we need to coalesce aging further separation along ethnic ment requiring that we remove the around common values. Language is lines. Ballots are the recognized formal words ‘‘E pluribus unum’’ off our dollar one of these, and so today I hope that instrument for citizen participation in bills. we pass this bill making English the of- the electoral process. The ballot’s high- I propose that we amend our rules so ly official nature gives great weight to ficial language of this Government. that when we adjourn we do not say The bill specifically exempts commu- all that is written on the ballot. ‘‘sine die,’’ or is that ‘‘sina dei’’? Present this information in English, nications that address health or safety. I propose an amendment that we for- These are communal concerns. Uniting and the message is unmistakable that bid U.S. companies from doing business English is the official language of our all Americans with the English lan- in countries where they do not speak guage is not anti-immigrant. shared public life. It is the language English. Americans use that affects the future Mr. Chairman, I urge my colleagues I propose an amendment barring the to vote for H.R. 123. of our Nation as a whole. President and Members of Congress A ballot in two or more languages de- Mr. SERRANO. Mr. Chairman, I yield from visiting nations where English is livers a very different message. It sanc- 2 minutes to the gentleman from New not the official language. tions other languages as coequal to Mexico [Mr. RICHARDSON], a great His- And since we are legislating an offi- English in the process that determines panic American from New Mexico, with cial language, how about an official re- the future of our Nation. It says that an interesting name. ligion to go along with it? Come to the highest authorities in the land (Mr. RICHARDSON asked and was think of it, why do we not just get rid place no special value on the English given permission to revise and extend of the first amendment altogether? language as we participate in the his remarks.) Mr. Chairman, without these amend- central act of democratic self-govern- Mr. COLEMAN. Mr. Chairman, will ments, I urge my colleagues to vote ance. the gentleman yield? In addition, the Federal mandate re- against this bill until we get it just Mr. RICHARDSON. I yield to the quiring bilingual ballots is both inef- right. gentleman from Texas. fective and expensive. The county reg- We all know that this bill is just as (Mr. COLEMAN asked and was given istrar for Yuba County, CA, Mrs. ridiculous as the amendments I just permission to revise and extend his re- Frances Farey, testified before the Ju- proposed. I urge my colleagues to vote marks.) diciary’s Subcommittee on the Con- against it and let us get on with the Mr. COLEMAN. Mr. Chairman, I rise stitution that in 16 years she received work that our constituents sent us in support of the Serrano amendment only one request for a bilingual ballot. here to do. Meantime, let us vote to and of course in opposition to that em- She testified that for just three elec- support the Serrano amendment. barrassing legislation known as ‘‘Eng- tions the county has spent over $46,000 Mr. CUNNINGHAM. Mr. Chairman, I lish only.’’ yield 2 minutes to the gentlewoman to comply with the Federal bilingual b 1445 ballot requirements. from the great State of Kansas [Mrs. According to statistics from the Cen- MEYERS]. Mr. RICHARDSON. Mr. Chairman, if sus Bureau, voter participation and (Mrs. MEYERS of Kansas asked and this bill passes, I would be unable to ef- registration rates by Hispanic voters was given permission to revise and ex- fectively communicate with 60 percent have in fact decreased, decreased since tend her remarks.) of my constituents. Hispanic Ameri- this Federal mandate was first imposed Mrs. MEYERS of Kansas. Mr. Chair- cans make up 40 percent in my district; in 1975. In addition, bilingual ballots man, I rise in strong support of H.R. 123 native Americans, the first Americans, are expensive. The Congressional Budg- and in opposition to this substitute. 20 percent. et Office estimates that repealing the Every immigrant who has come to this Mr. Chairman, I wonder what is Federal bilingual ballot mandate will country has known that English is the going to happen with the cities of Los save State and local governments be- language we speak here. This bill Angeles, San Francisco, San Diego, tween $5 and $10 million for each elec- would just reinforce that fact. Santa Fe? They ought to start think- tion. Finally, as I have stated earlier, Since the Census Bureau reports that ing about changing their names. What bilingual ballots are divisive and harm- 47 percent of the foreign born popu- about Dodgerville for Los Angeles? ful to our society as a whole. lation do not speak English well or at Mr. Chairman, this is facetious, but The Serrano substitute strips the bi- all, it seems that this fact needs to be realistically what we are talking about lingual ballot repeal from this impor- reinforced. is a wedge issue that is not necessary. tant legislation. I urge my colleagues Now, if any of us wanted to move to I think the author of this bill is well- to reject government-sanctioned and France or Japan, we would look aw- intended and he is a good guy. But, Mr. enforced multiculturalism and to vote fully silly complianing about having to Chairman, English is not threatened as against the Serrano substitute. learn their local language. Why is it our primary language. Ninety-seven August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9759 percent of the population in this coun- able right to participate in the democratic proc- it violates the First Amendment right to try speak English. Newly arrived want ess by negating, either legally or illegally, their free speech. The 9th Circuit Court found that to learn English. That is happening. right to vote. Prior to the Civil War, mainly employees’ knowledge of diverse languages Bilingual voting ballots are critical made government more efficient and less male property owners who were over 21 years costly. The Arizona law and legislation pend- for minority populations. Basically of age were enfranchised. After the war, tac- ing in Congress would outlaw communica- what we are doing is totally unconsti- tics such as fraud, economic blackmail and vi- tion between elected officials and their con- tutional. It is going to make govern- olence including murder were used to discour- stituents in any language but English. ment inefficient and ineffective. Eng- age and prevent people of color to exert their English-only restricts access to services lish-only restricts access to services right to vote. Some States made voting difficult and government: Millions of tax-paying citi- and government. by designing complex balloting procedures as zens and residents would be unable to access But, most importantly, this is well as requiring literacy tests. and communicate with their government. against our traditions and this is bad That would include residents of Puerto Rico, Decades of popular outcry have forced Con- Native American reservations and U.S. terri- business. Forty percent of all commer- gress to pass several laws and amend the tories in the Pacific, whose right to commu- cial decisions in the United States are Constitution twice in order to protect the voting nicate in a native language is protected by done in another language. Tourism is rights of all Americans. In response to real evi- treaty or custom. English-only has nothing critically important. Just think of the dence of discrimination against racial minori- to do with improving education or edu- spirit of the Olympics right now in At- ties at the polling place, Congress passed the cational opportunities. Instead of facilitat- lanta. We are telling the billions Voting Rights Act of 1965. This act, as ing learning and communication, proponents watching the Olympics that English is amended in 1975, contains bilingual voting of English-only focus on prohibiting the use the only language and the rest of the of other languages. provisions that guarantee that no American is This is contrary to the American tradition languages are not important. The most denied the fundamental right to vote because and is divisive: It is not the English language important business in the Olympics is of a lack of fluency in English. that unites us, but rather our democratic translation service. That is not the Years of struggle by the American people system based on our rights established by message that we want to send to the as well as previous congressional efforts to the Constitution of the United States. Presi- rest of the world. make the ideal of universal suffrage a reality dent Franklin Delano Roosevelt once said, Mr. Chairman, English-only will di- in America will be rolled back by the English ‘‘We are a nation of many nationalities, vide this country. It is divisive, it is Language Empowerment Act of 1996. This act many races, many religions—bound together negative, and it should be rejected. by a single unity, the unity of freedom and would strip non-English speaking voters of equality.’’ At a time when intolerance among ethnic their right to have a voice in the political proc- groups has become one of the major threats ess by repealing the bilingual voting provisions Mr. SERRANO. Mr. Chairman, I yield to peace on Earth, and when the global econ- from the Voting Rights Act. In my district 2 minutes to the gentleman from New omy requires multilingual skills, America, the alone, this bill will directly affect 60 percent of Jersey [Mr. MENENDEZ] land of opportunities, equality and freedom, the population, which is either Hispanic or na- Mr. MENENDEZ. Mr. Chairman, for wants to pass a bill that would jeopardize the tive American. the past week and a half we have cele- very essence of what historically has united The bilingual voting requirements are a val- brated the centennial Olympics in At- this great NationÐtolerance and respect for uable, inexpensive and inclusive tool that en- lanta—a celebration at which over 70 our differences. sures that the sacred constitutional right to different languages are spoken. Yet, The English Language Empowerment Act of vote, which is the very foundation of democ- while that celebration of spirit and di- 1996, will not unite or empower America. In- racy, is enjoyed by all. versity continues this legislation sends stead, it will aggravate racial and ethnic ten- Mr. Chairman, I submit the following for the the wrong global message. Don’t come visit us, don’t trade with us, if you sions and will hurt our economy. RECORD: can’t speak English. This legislation is If we start telling people the language they English is not threatened as our primary should speak, we are entering a very dan- language: According to the Census Bureau, a solution to a problem that does not gerous path that could lead to us dictating to 97% of the US population speaks English. exist and has not existed for the last Americans the religious and political beliefs Furthermore, on 0.06 percent of federal docu- 200 years. they should practice. This will only spark re- ments are in languages other than English, The strength of our language is its sentment and increase discrimination among according to the General Accounting Office diversity. If you study linguistics, then ethnic groups causing a tremendous social (GAO). Newcomers to our country are learn- you know that English is really two ing English faster than ever before. In fact, distress. languages of Germanic and Frankish recent estimates indicate that only 13% of origin. That is the strength of our lan- If our residents are not learning English fast the demand for English-as-a-Second-Lan- enough, it is not because we are teaching guage (ESL) classes in being met—waiting guage—its dynamism. It has absorbed them in their native language. The problem is lists in some major cities exceed 40,000. thousands of words from other lan- that we have failed to provide enough re- Bilingual voting ballots are critical for mi- guages. The coffee you drank this sources to increase the number of English nority language populations: Title II would morning is an Arabic word. Most of our classes so that people can learn our common have a devastating impact on the rights of vocabulary is actually Latin. Our med- language. language minority populations to partici- ical terms are Greek absorbed whole- According to recent estimates, only 13 per- pate fully in the democratic process. Remov- sale. ing language barriers is a targeted, low-cost, Knowledge and command of English cent of the demand for English as a second common sense solution to achieving in- language classes is being met and over formed participation, considering the com- is important. Every immigrant to this 45,000 students are on the waiting lists in plex language of ballot propositions and vot- country understands the economic mo- major cities like Los Angeles. ing issues. tivation for learning English. Without This bill does nothing to address this prob- Native Americans and Alaskan Natives, it they may survive, but they will not lem. English-only does not improve edu- Puerto Ricans, The People of Guam and thrive. cational opportunities. Instead, it focuses on other U.S. territories, and elderly natural- As today’s world becomes increas- prohibiting the Federal Government from using ized citizens will be particularly impacted. ingly integrated and inter-dependent it According to the Government Accounting is short-sighted and ignorant to believe languages other than English when conducting Office, the average cost of providing written official business. assistance is minuscule, costing an average that policies of isolationism and pro- Yet, this bill will not only increase tensions of 2.9% of election expenses or less. tectionism will serve America in the among ethnic groups and jeopardize the well- Also, according to the Justice Department, 21st century. They limit our ability to being of our economy, but most importantly, it since 1975, voter registration and voter turn- interact in the growing world market will endanger one of the most sacred Amer- out have increased substantially as a direct place, they bolster ethnic and racial ican idealsÐdemocracy for all. result of existing minority language provi- tension and they diminish the char- Title II of the English Language sions. acter and strength that America is English-only is unconstitutional and known for world wide—our diversity. Empowerment Act of 1996, would repeal a makes government inefficient and ineffec- Federal law requiring bilingual ballots for many tive: The Arizona ‘‘English-only’’ initiative Lastly, Mr. Chairman this bill is un- non-English speaking voters. has been found to be unconstitutional by the constitutional. In 1923 the Supreme Since the founding of our Nation, many Ninth Circuit Court in Yniguez v. Arizonans Court found a similar case unconstitu- Americans have been deprived of their inalien- for Official English. According to the Courts, tional. The court said, H9760 CONGRESSIONAL RECORD — HOUSE August 1, 1996 The protection of the Constitution extends not make more from many. Let us re- of five members who serve staggered terms to all, to those who speak languages as well member that we need that common of four years. The School District is the larg- as those born with English on the tongue. ground, that one where we all can est employer in the community. Perhaps it would be advantageous if all had Over a period of several years, the San ready understanding of our ordinary speech, meet. Diego County Grand Juries have received an but this cannot be coerced by methods which Mr. Chairman, I submit the following uninterrupted flow of complaints alleging conflict with the Constitution. ... for the RECORD: malfeasance and/or incompetence on the part The American language needs no de- GRAND JURY, of the majority of the School District Trust- COUNTY OF SAN DIEGO, ees and some administrators and teachers. fense or protection. Those who promote San Diego, CA, June 18, 1992. this type of legislation are the ‘‘Down Complaints have been received from parents. Hon. ARTHUR W. JONES, These have included numerous allegations of on America’’ crowd. They are threat- Presiding Judge of the Superior Court, County wrongdoing, including violations of State ened by change. They are the voice of of San Diego, San Diego, CA. law (violations of the Brown Act and Edu- exclusion and peddle a divisionism that Re Grand Jury Report No. 5, ‘‘San Ysidro cation Code), and of Federal Law (employ- is truly un-American. Discrimination School District’’. ment discrimination) and of failure to sup- based on language is as strong as that DEAR JUDGE JONES: Forwarded herewith is port mandated objectives for the education based on race. Grand Jury Report No. 5 as referenced above. of the school population. Additionally, the I refuse to be Down on America. I be- This investigation was conducted by the District has been involved in excessive and lieve in the dynamic liveliness of Education Committee of the Grand Jury expensive litigation in recent years as a re- within the authority granted under Califor- America and our culture. Our culture sult of its unlawful personnel actions. nia Penal Code Sections 925 and 933.5. METHODOLOGY OF INVESTIGATION is the gift of all the rich cultures that Sincerely, built this Nation. Why do you think Through its Education Committee, the Richard B. Macfie, Foreman. Grand Jury has visited facilities and heard people around the world look to Amer- Enclosure. testimony from Board Members, administra- ica, listen to our music, watch our SAN YSIDRO SCHOOL DISTRICT tors, teachers, parents and students within films, follow our news? Yes, let’s pro- (A REPORT BY THE 1991–92 SAN DIEGO COUNTY the San Ysidro School District. The commit- mote English—but, let us not divide GRAND JURY) tee attended board meetings and PTA meet- America. AREA OF CONCERN ings and held discussions with County and Mr. CANADY of Florida. Mr. Chair- State Education Department personnel. The Complaints of improprieties committed by Grand Jury has heard sworn testimony from man, I yield 2 minutes to the gen- the Trustees of the San Ysidro School Dis- tleman from California [Mr. BILBRAY]. numerous witnesses during ten days of for- trict Board and other administrators have mal hearings on San Ysidro school issues. In- Mr. BILBRAY. Mr. Chairman, ‘‘From attracted the attention of the past three many, one’’. It does not say, ‘‘From formation thus generated, confirming the consecutive San Diego County Grand Juries. findings of previous Grand Juries, has re- many, more’’. It says that we may have In monitoring responses to previous Grand sulted in a clear picture of conditions of in- diversity, but we have to have a com- Jury recommendations, the 1991–92 Grand appropriate, inadequate actions taken by mon ground, a common language, that Jury has found the performance of the Dis- certain members of the Board of Trustees, meeting place. trict Board of Trustees to be as ineffective as some of whom minunderstand their purpose. Now anyone who feels that that is previously reported and the schools within the District to be suffering accordingly. FINDINGS some kind of antiquated idea, all we After several months of review, this Grand The 1991–1992 Grand Jury concurs with pre- have to do is go look to our friends to Jury finds that previous recommendations to vious juries in that serious problems exist the north and look at the strife in Can- the District Board of Trustees have been ig- within the San Ysidro School District. In ada caused by people who are divided nored and that drastic actions by higher au- general, the Jury has found that the children based on the languages they use be- thority are essential to proper support of ad- of San Ysidro are innocent victims of a phil- cause they do not have the common ministrators, teachers, students and parents. osophical power struggle which permeates Grand Juries sit for a twelve-month period the School Board, school administration, the bond that we have practiced for so long teachers’ union and the PTA. At issue, be- in America and which has created the and can, and have repeatedly, recommended effective intervention to aid the children in neath a veneer of educational rhetoric, is cherished experience we call the Amer- San Ysidro. Another Grand Jury report that which shall dominate the school system: the ican way of life. does not initiate immediate remediation by preservation of Mexican cultural and Span- Mr. Chairman, I just wonder why higher authority will only reinforce the per- ish language proficiency or assimilation of people hide behind a term like ception that the San Ysidro District Board Mexican-born and other American children ‘‘multiculturalism’’ when they do not of Trustees is as ‘‘untouchable’’ as they into the North American communication and want to admit what it really means. I claim to be. For those in control at the high- economic systems. The two philosophies are addressed as if live on the Mexican border. I live in an er levels of education to imply that nothing can be done to give the children of the com- they are mutually exclusive. Currently, pro- environment where I see people speak ficiency in Spanish with the preservation of different languages. But I also see what munity some hope for the future, is an inane posture for government to assume, when the Mexican culture, at the expense of English happens to people when they do not future of more than 3,000 children is ignored. learning, is the governing philosophy. Those have that common language of English who disagree do not enjoy the normal posi- BACKGROUND to be able to move them up. tion of loyal opposition. Administrators and Mr. Chairman, I see those that are San Ysidro is a twenty-nine square mile teachers who do not support the majority portion of the City of San Diego, which lies deprived of equal access to economic Board position are demoted or discharged, if north of Tijuana, Mexico. Caught in the mid- legally possible. opportunity and those who would do dle of these two large and rapidly growing Dissenters who have tenure are merely tol- that for political gain. cities—Tijuana and San Diego—the commu- erated in an outcast status. A small group of Now, I want to present into the nity is economically, politically, linguis- administrators and teachers enjoy the politi- RECORD a grand jury report done about tically, socially and geographically isolated. cal/philosophical favor of the Board majority a school district in my county that It is often mistaken for an independent sub- and have a special status which is tanta- verified there was a conscious effort division. mount to ex-officio Board membership. This done in the name of multiculturalism San Ysidro constitutes a school district almost unbelievable situation persists be- to make sure that the children in that separate and independent from the San cause the Board of Trustees is essentially a Diego Unified School District, which in- school district did not learn English, town council, perpetuated by a combination cludes all other public schools within the of intimidated voters, apathetic non-voters did not have access to the common lan- City of San Diego. The San Ysidro School and resident non-citizens. guage. District consists of five elementary schools Specifically, the Grand Jury has received Mr. Chairman, the only way I can and one middle school. Graduates of San evidence and testimony that: find any justifications for this is that Ysidro Middle School attend high schools in 1. The Board of Trustees is a de facto town there are people out there who want to adjacent school districts. The schools have council with extraordinary influence over divide us, who want to separate us for an approximate enrollment of 3,700 students, numerous facets of life within the San whatever reasons. Maybe it is easier to and they represent a population which is 92% Ysidro community of San Diego. Certain manipulate them politically, maybe it Hispanic. members of the Board exert a pervasive in- Politically, San Ysidro is comprised of fluence over resident voters which exceeds is easier to isolate them for economic 5,336 registered voters, out of a total adult that normally attributed to elected officials. reasons. But I think that we have got population (18 and over) of 13,414. The Dis- The Trustees’ attention and efforts are ex- to recognize that all we are saying here trict Board of Trustees, the only elected tended far beyond the educational purposes today is: Let us not divide us. Let us body in the San Ysidro community, consists of the School District. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9761 2. Some Trustees routinely violated the English-Only Program, based on space avail- One group is preoccupied with maintaining spirit, if not the letter, of the Brown Act by ability, with no regard for parental request its position of political power in the commu- conducting majority meetings in closed ses- or children’s needs. We found no transition nity through election to the school board. sions outside of the time and location of evaluation for students exiting the Bilingual From this and other positions it controls scheduled board meetings, such as through a Program and moving into an English-Only within the school district, this group exerts group called Equality, Justice and Education Program. We found no clearly-defined Dis- a pervasive influence over the community (EJE). trict-wide bilingual curriculum in place. which exceeds by far that normally exercised 3. Health and safety needs of children are 7. The Board has failed to direct or support by elected school officials. The other group, not being met: compliance with mandated accommodations for the most part, is made up of members, a. Playgrounds are badly maintained and for the educationally and physically dis- admittedly or otherwise, of a movement present a hazard; abled. There is no program for the Severely known as EJE who occupy positions on the b. The District has one certified nurse Emotionally Disturbed (SED) within the Dis- Board, in administration, in teaching and in serving the total school population. trict, even though students have been identi- the teachers’ union. Some are parents of stu- 4. The Trustees have conducted personnel fied. The District’s solution is to hire indi- dents. These are advocates of a particular transactions, such as hirings, firings, pro- vidual aides for some SED students. course of bilingual education which puts the motions and demotions, without acceptance 8. The Resource Specialist Program (RSP) highest priority on development of a capabil- of counsel from the Superintendent of teacher is used to provide services to non- ity in Spanish, at the expense of teaching Schools or from any committee or panel of Special Education Students. This is in viola- English. They believe in this with a dedica- educational professionals or parents. Some tion of the Education Code. tion and zeal which are most threatening to of the results of these practices are: 9. The District has violated the rights of any who dare to disagree. The net result has a. There have been five superinendents Special Education Students’ Individualized been and continues to be children unable to over the past twelve years. Education Program (IEP). Every identified communicate. Many of these students drop b. Non-Hispanic teachers and administra- Special Education student must have an out after entering high school. tors are not afforded equal opportunities by IEP. The symbiotic alignment of these groups the District Board Trustees. 10. Special Education students are mis- allows them to maintain complete control c. During the 1990–91 year, the District placed in the Alternative Learning Program over everything and everyone within the Board of Trustees demoted three elementary (ALP). School District. Non-conformists are de- school principals, fired the middle school 11. Reports of child endangerment have moted, fired or otherwise eliminated from principal and failed to renew contracts of been received. At least thirty-nine students the system. With very few exceptions, non- fourteen probationary teachers. Several of from the San Ysidro Middle School were Spanish speakers are purged from the sys- the teachers were bilingual. The District placed on Home Study without due process. tem, regardless of qualifications or perform- now has eleven teachers working with emer- a. Approximately twenty-five students ance. So are those bilingual teachers who gency credentials. These actions were taken were suspended for more than five consecu- consider English proficiency a matter of ur- without the concurrence of the Superintend- tive days, which is in violation of the Edu- gency. ent. The three demoted principals have sub- cation Code. Alternatives to suspension were Those who favor a ‘‘laissez faire’’ solution sequently received judgments totaling not considered or applied. to the San Ysidro problem—that is, letting $300,000.00. The fired principal received a b. Complaints of corporal punishment the voters correct the situation—do not un- judgment of more than $200,000.00. The Dis- within the District have not been properly derstand the unique nature of this small, iso- trict has paid out at least $1,000,000.00 in investigated. lated, predominantly Hispanic community. judgments and legal fees arising from the ill- c. Complaints concerning unprofessional Many of the residents are not citizens. Many conceived and often illegal personnel actions disciplinary methods used at the Middle of the citizens are not registered voters. of the Trustees. School have been reported. Many of the more informed and/or affluent d. The same improprieties that occurred 12. Complaints of racial discrimination residents have removed their children from with personnel in past years continue to have been made by non-Hispanic students the District Schools and placed them else- exist. During the 1991–92 school year, several and staff. This involved the inappropriate where, legitimately or otherwise, to ensure administrators at the District’s central of- placement of students and staff. Students their preparation for high school. Many of fice have received notices of reassignment. complain of racial slurs, name calling and the residents are intimidated by the ruling e. Well-qualified bilingual probationary double standards in dress code. coalition. Many have testified before the teachers, who happen to be non-Hispanic, are 13. The District does not have an Earth- Grand Jury about vicious retribution for being terminated. quake Preparedness Plan in place. Class- campaigning for any opposition. Only the f. Several outstanding tenured staff mem- rooms are not equipped with required sup- bravest of the residents dare to oppose. bers, including a mentor teacher, have been plies. Some of the problems appear to stem from given unsatisfactory evaluations with no 14. Complaints were levied by parents and violations of State laws, and partial solu- clear justification for such action. staff members against an administrator for tions may result from actions initiated by g. There have been attempts to initiate re- contracting the services of a psychologist the District Attorney and/or State edu- call of Trustees in recent years. Each recall who was not credentialed by the State of cational licensing authorities. However, if has been challenged by Board counsel before California. the situation in San Ysidro is to be corrected reaching a ballot. The Trustees authorized a. The Student Assistant Team (SAT) was permanently, approval of pending legislation more than $5,000.00 from the general fund to not involved in identifying students who and the intervention of the State Super- be used to verify signatures in the recent might require the services of a psychologist. intendent of Schools will be required. There is no logical reason for a separate 1992 recall efforts. These recall attempts b. Parents of students seen by this psychol- school district in San Ysidro. San Ysidro is have proven costly and divisive to the staff, ogist were not contacted, nor were parent- within the City of San Diego and should have students and community. consent forms signed, as is required. h. Some personnel assignments initiated the management and resource capabilities of 15. The current President of the Board of and directed by the Trustees appear to re- the San Diego Unified School District avail- Trustees, who is an employee of Casa Famil- flect nepotism. When queried on this subject, able to support its children’s educational iar, could be in direct conflict of interest, if a Trustee said, ‘‘favoritism, yes; nepotism, needs. As an alternative, the District could the District incorporates the Casa Familiar no’’. A Trustee’s son was promoted from be merged into the South Bay or Chula Vista BRAVO Dropout Prevention Program pro- Vice-Principal of the Middle School to Prin- School Districts. The heart of the matter is posed by the President. cipal in mid-term, April 3, 1992. The estab- that the children need a system run by pro- 16. The Board of Trustees DOES NOT take lished selection procedures were not fol- fessionally capable and idealistically bal- advantage of available in-service training. lowed. 17. Test scores of the San Ysidro students con- anced leadership. They don’t have it now, 5. The Board of Trustees, as the only elect- tinue to be the lowest in the State of California. and the controlling political interests in San ed body in San Ysidro, has been instrumen- Ysidro are not about to provide it. In the tal in increasing the political and cultural CONCLUSIONS meantime, more aggressive participation in isolation of the community and has retarded Over the years, the Board, as an elected seeking a solution by the County Super- integration of children into an English- body, has proven to be highly politicized, intendent of Schools, the Councilman rep- speaking American society and economy. serving its own agendas and abrogating the resenting San Ysidro and the appropriate The almost universally Hispanic ethnicity of educational rights and privileges of the chil- State Legislators might better convey to the the student population makes the English dren of San Ysidro. Children have neither State Superintendent the urgent need for de- language transition a most difficult objec- the maturity nor the right of franchise by cisive action. tive for the school system. The opposition of which they can make informed decisions It is the conclusion of this Grand Jury that the majority of the Trustees to this objec- concerning their future. Students are at the the Trustees of the San Ysidro School Board tive virtually guarantees its failure. mercy of two groups of self-involved and self- are fully aware of the deleterious effects on 6. The Board has failed to direct or support important adults, both dedicated to their education of their policies and practices. proper use of funds provided for bilingual own objectives rather than the smooth inte- They need only observe the dismal test education. In several instances, students gration of children into the mainstream of scores (in both English and Spanish). How- were placed in the Bilingual Program or American society and the U.S. economy. ever, they are either unable or unwilling to H9762 CONGRESSIONAL RECORD — HOUSE August 1, 1996 make remedial changes. The Jury further Councilman, Eighth District, City of San Diego been a melting pot of cultures and na- considers that the Board can and will pre- #92/127: Demonstrate active involvement in tionalities united by one common vent solutions by other persons or agencies the San Ysidro School District problem and bond—our English language. as long as it exists in its present form. It express concern publicly for the critical situ- WHen our ancestors came to Amer- should be noted that many of these conclu- ation which exists for the children and their ica, they came to this country knowing sions are totally consistent with those of future. Bring public awareness to the fact prior Grand Jury reports, even though at- they had to learn English to survive. that this is a serious situation but not a ra- Today, our melting pot has become a tained through completely independent stud- cial issue. ies. While the Grand Jury has no jurisdiction patchwork quilt of cultures, isolated The fact that the Board is elected is imma- over the officials listed below, the following because they cannot speak English. terial. Letting nature take its course will recommendations are submitted with the re- They aren’t assimilating into our soci- not lead to correction at the hands of the quest that they receive consideration (these ety like our ancestors did. voters. Despite the strong protests of many recommendations are also subjects of sepa- Our current bilingual policies are parents and teachers, the combination of an rate correspondence). shredding the common bond that has attitude which comes from a patronage sys- The Grand Jury recommends that: made our Nation great. Today you can tem and voter apathy will perpetuate the Secretary of Education get a drivers license if you don’t speak status quo unless outside authorities take #92/128: Require a thorough audit of feder- action. There is a clear need for legal author- English. You can get forms to vote. ally funded categorical programs within the ity to rescue an oppressed minority—the You can apply for Social Security and San Ysidro School District to include: school children—and protect their rights welfare, all in scores of different lan- a. Bilingual Education under the law. b. Special Education guages. And bilingual education classes There are those in San Ysidro who argue c. Independent Study allow immigrant children to never that no one, including the Grand Jury, d. Student Home Study learn English. should interfere in matters that involve only e. Alternative Learning Program By making it easy for those who the residents of San Ysidro. The members of California superintendent of schools come to America, we have ripped the the Grand Jury do not agree with this line of heart out of our national unity. We reasoning. Citizens support legal interven- #92/129: Assign a trustee to oversee oper- tion to protect children from clear and ations of the San Ysidro School District have shredded our common bond, leav- present danger of physical or emotional until serious deficiencies and violations of ing behind the legacy of our ances- abuse at the hands of adults. Likewise, they the Education Code are corrected. tors—new and old—who worked so hard should support intervention to eliminate the #92/130: Investigate and evaluate the use of to learn English. willful retardation of the educational proc- health aides in lieu of certified nurses by the Now, opponents of official English ess and the resulting economic disenfran- District. #92/131: Direct the Commission on Teacher will demonize the bill. They are wrong. chisement of the students. We want you to speak your own lan- The State Department of Education is Credentialing, through its Legal and Profes- sional Standards Division, to review allega- guages, and celebrate your cultures. mandated to take over any school district But English—our common thread— which is financially bankrupt. There is pend- tions of misconduct by a San Ysidro School ing legislation (SB 171 Focus School) which administrator and teachers and examine must be the official language. will mandate State intervention for an aca- irregularities in selection and appointment Mr. Chairman, my district is one of demically at-risk school district. The San practices. the most diverse districts in the Na- #92/132: Conduct a fiscal audit of categori- Ysidro School District with the lowest test tion. In West Bloomfield more than 60 cally funded programs, to include: scores in California would certainly be a can- different ethnic groups attend schools (a) Bilingual Education didate for State intervention. The San (b) Special Education and in Farmington, 45. Administrators, Ysidro School District on the brink of finan- (c) Independent Study teachers, and the students themselves cial bankruptcy is already educationally (d) Student Home Study say making English our common lan- bankrupt. (e) Alternative Learning Program guage is the only way they can get RECOMMENDATIONS Mr. SERRANO. Mr. Chairman, I yield along. It creates a common bond across The Grand Jury recommends that: 1 minute to the gentleman from Flor- ethnic lines that each student shares. County Board of Supervisors ida [Mr. JOHNSTON]. Testimony after testimony show that #92/120: Exert all possible influence Mr. JOHNSTON of Florida. Mr. people must speak English to be suc- through established governmental liaison to: Chairman, there is an old saying: ‘‘If it cessful. A quote by a Houston farmer a. Support whatever proposed legislation ain’t broke, don’t fix it.’’ There is a Ernesto Ortiz says it best. ‘‘My chil- would facilitate intervention by state and/or new saying here today: ‘‘If it ain’t dren learn Spanish in school so they local authorities in situation such as that in broke, break it.’’ There is really no ra- the San Ysidro School District. can grow up to be busboys and waiters. b. Petition the California Superintendent tional reason for this bill. I teach them English at home so they of Schools to intervene immediately in the In Dade, Broward, and Palm Beach can become lawyers and doctors.’’ operation of schools in the San Ysidro Counties in Florida, there are 700,000 English is overwhelmingly supported School District. Cuban-Americans, and I have great re- by the American public. A recent USA San Diego County District Attorney spect for the two Republican Cuban- Today poll found 97 percent of Ameri- #92/121: Investigate alleged violations of Americans that represent that area. If cans feel English should be the official State laws by Trustees, administrators and they get a letter in Spanish, if they an- language. And more than 23 States teachers for possible prosecution and/or ac- swer it in Spanish they have broken have laws making English official, in- cusation. the law, and under that bill we can now cluding one signed by then Governor, San Diego County Superintendent of Schools sue them. now President Clinton. #92/122: Petition the California Super- A Democrat can come along and sue Oppose these weakening amend- intendent of Schools to intervene in the op- the gentleman from Florida [Mr. DIAZ- ments. Support our common bond. Help eration of San Ysidro schools and to conduct BALART] or the gentlewoman from make English as our official language. whatever audits and investigations are re- Florida [Ms. ROS-LEHTINEN], and it is quired to validate and cause correction of se- Oppose the Serrano substitute. rious deficiencies and code violations. absolutely ludicrous. Mr. SERRANO. Mr. Chairman, I yield #92/123: Assist the San Ysidro Superintend- Mr. Chairman, there is no reason for 2 minutes to the gentleman from ent of Schools in any way possible to mini- this bill. It disenfranchises a lot of Rhode Island [Mr. KENNEDY]. mize the harmful effects of current practice. very good Americans, and I strongly Mr. KENNEDY of Rhode Island. Mr. San Diego City Council support the Serrano amendment, and Chairman, I thank the gentleman for #92/124: Address the San Ysidro School Dis- strongly do not support the final bill. I yielding. trict situation as a serious problem within urge my colleagues: Please vote I love all the concern on this side of its city. against it. the aisle today for the divisiveness of #92/126: Exert all possible influence on the Mr. CUNNINGHAM. Mr. Chairman, I this issue when it was just yesterday California Superintendent of Schools to take yield 2 minutes to the gentleman from that this side of the aisle was not will- urgent measures to correct the situation in Michigan [Mr. KNOLLENBERG]. ing to make the distinction between the San Ysidro School District. #92/126: Support legislation which would Mr. KNOLLENBERG. Mr. Chairman, legal residents and illegal aliens, such permit timely corrective action in situations I thank the gentleman for yielding. that they shut off 300,000 legal resi- such as that in the San Ysidro School Dis- Mr. Chairman, as has been mentioned dents of this country from rights of trict. for more than 200 years our Nation has their citizenship. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9763 Today, my colleagues on the other The CHAIRMAN. The Chair perceived commitment either of the gentleman side are talking about the divisiveness that the gentleman from Rhode Island or his family to this country. of this issue. The reason they are talk- was attempting to engage the gen- I would simply say that I think we ing about divisiveness is because this is tleman from California in debate, and have to watch our words. I served, and a divisive issue. this bill plays directly not asking that his words be taken I served with many Hispanics who did to the politics of fear and prejudice for down. not speak English. Some of them never which this Congress has become so Mr. SERRANO. In that case, Mr. came back from the Vietnam war and well-known. A politics of divide and Chairman, if that is the ruling of the died while speaking only Spanish. I conquer. Chair, is it still in order for this gen- think that the gentleman does a dis- Mr. Chairman, this is reminiscent of tleman to ask that the gentleman’s service when he questions Mr. KEN- the Patrick Buchanan campaign to de- words be taken down? NEDY. fine which people are more American The CHAIRMAN. The gentleman Mr. Chairman, I yield 1 minute to the than the others. Or should I say which should have made that demand at the gentleman from Arizona [Mr. PASTOR]. people are more white, are more white time. Intervening business has gone on. Mr. PASTOR. Mr. Chairman, it is a than other Americans? It is too late at this particular point. very interesting debate that we are This is playing politics that the Re- The gentleman from Oklahoma [Mr. having today. The legislation we are publican Party knows very well: Create ISTOOK] is recognized for 2 minutes. discussing, not the amendment, but the an enemy to solve all our country’s Mr. ISTOOK. Mr. Chairman, I rise in base bill, is probably unconstitutional. anxieties and fears. We saw it begin support of H.R. 123 and in opposition to All it does is prohibit a Federal official with the gay bashing. Then it pro- the amendment by the gentleman from from communicating with a constitu- ceeded to the welfare bashing. Then the New York [Mr. SERRANO]. ent in another language, other than last 2 days we have seen it with the Frequently, I am asked what kind of English. This bill does not do anything welfare bashing and the immigrant name is ‘‘Istook’’? People say, Is it In- to teach one English word to anyone or bashing when they knocked off all the dian? Is it Estkimo? No, it is Hungar- provide education in English. legal residents who were taxpaying ian. I am proud of my Hungarian ances- The author of this bill has said this is residents of my State who can go and try. a symbol, a symbol that will unite us together. Mr. Chairman, symbols mean fight in our wars and yet they are b 1500 going to be denied the rights of their different things to different people. citizenship based upon the bill my Re- My father’s parents came to the The symbolic gesture of this bill to publican colleagues passed yesterday. United States during the first quarter many Americans will symbolize intol- If they do not like the way they look, of this century. They Americanized the erance, will symbolize arrogance. I ask if they do not like the way they sound, name. Originally Istook had one ‘‘o.’’ my colleagues to support the Serrano then they are not Americans. All I When they became U.S. citizens they amendment and vote against the bill. have to say to my colleagues is they marked the occasion, they marked the Mr. CANADY of Florida. Mr. Chair- should be careful with all these hot change by adding the second ‘‘o’’ as it man, I yield 3 minutes to the gentle- button issues that they are pushing be- has now. woman from California [Mrs. cause no one should wonder when the They came through Ellis Island. SEASTRAND]. churches start burning in the South They are a part of the immigration Mrs. SEASTRAND. Mr. Chairman, I and the race riots start breaking out in saga of America. And when they be- rise in support of the bill, H.R. 123, and Los Angeles where all these hot button came U.S. citizens, they received their oppose the substitute. We are hearing a issues have led us to, and that is fan- certificate of naturalization, which my lot of nonsense, I believe, about all the ning the flames of intolerance that this father had framed and now displays terrible things this bill would affect. country cannot afford at this time. proudly in his home. What does this bill really affect? Mr. CUNNINGHAM. Mr. Chairman, I My father grew up speaking two lan- Let me tell my colleagues, it really yield myself 30 seconds to ask the gen- guages: Hungarian at home, but every affects official business, and official tleman from Rhode Island a question. place else, English. How glad I am that business is defined. Official business is Has he ever volunteered for service? his parents, my grandparents, did not defined as governmental actions, docu- Has he ever volunteered to go fight isolate my father by denying him the ments or policy which are enforceable those wars himself? I thought not. training and encouragement to focus with the full weight and authority of The CHAIRMAN. The House will be upon English rather than focusing the Federal Government. With some in order. The gentleman from Rhode Is- upon Hungarian, even though he spoke examples and exceptions, that is all it land is not under recognition. No Mem- that at home. is. The bill also says that we will not ber has been recognized. Like so many people, I am proud of discourage or prevent the use of lan- Does the gentleman from New York my ancestry. The part of Hungary guages other than English in any non- seek recognition? where we came from is the Transyl- official capacity. Does the gentleman from Florida vania region. A lot of people do not re- What does nonofficial capacity seek recognition? alize it is a real place. Transylvania mean? It means informal advice, direc- Mr. CANADY of Florida. Mr. Chair- now is part of Romania. I get a kick tion, assistance, which cannot be en- man, I yield 2 minutes to the gen- out of telling people that I am literally forced against the United States. So in- tleman from Oklahoma [Mr. ISTOOK]. by blood half Transylvanian. It is fun. dividual government employees can Mr. ISTOOK. Mr. Chairman, I rise in There are lots of great things about provide unofficial translations or in- support of H.R. 123 and in opposition to our heritage, fun and serious. structions, so long as there is no cost the Serrano amendment. But the important thing is, I am not to the government and no adv erse ef- POINT OF ORDER hyphenated American. None of us real- fect on their ability to perform their Mr. SERRANO. Mr. Chairman, I have ly are. We are all American. If we be- official duties. a point of order. lieve that we are Americans, if we be- So this bill will not affect informal, The CHAIRMAN. The gentleman will lieve that what binds us together is nonofficial advice, informal trans- state it. what we have in common, then it must lations. It is not going to affect Mr. SERRANO. My impression was include the common language, and that counter service at the immigration of- that Members had risen to deal with common tongue is English. fice. It is not, and I repeat, it is not the issue of the gentleman’s comments, Mr. SERRANO. Mr. Chairman, I yield anything having to do with Members of and I want to know if those Members myself 30 seconds. Congress because we cannot individ- have been entertained at all, or if the Mr. Chairman, I am troubled by the ually bind the government. We can do gentleman from Rhode Island had any comments by my friend from Califor- it as a body but not alone. opportunity to speak about a very per- nia, Mr. CUNNINGHAM, about the integ- So your newsletters are safe. You can sonal statement that was made upon rity and commitment of the gentleman say whatever you want. Your town his life and his commitment to this from Rhode Island, Mr. KENNEDY. I do meetings are safe because you cannot country. not think anyone could question the bind the government. Your constituent H9764 CONGRESSIONAL RECORD — HOUSE August 1, 1996 letters, your radio shows are safe be- the amendment of my good friend, the I thought we did the right thing in cause you cannot bind the government. gentleman from New York [Mr. the early 1900’s, allowing this melting Pure and simple, only those actions SERRANO]. pot that has gotten a little lumpy to which are enforceable against the gov- Mr. Chairman, for the first 180 years actually proceed to integrate still an- ernment, which bind the government, of our Nation, we were bound together other generation into our Nation. I do are covered, nothing else. by a common language. Immigrants not think we need this legislation. This is just good common sense. It is came to this country knowing they had I am supporting the alternative being what we would all expect for an official to learn English. They knew that they carried by Mr. SERRANO because I do English bill. This is not English only. had to learn English to become part of not think we have lost confidence in This is official English. the American mainstream. They main- ourselves. I hope not. I still believe I urge approval of the bill. tained their our culture, their own that we all understand that we can in- Mr. SERRANO. Mr. Chairman, I yield identity, their own religion, their own tegrate all of these different voices and 2 minutes to the gentleman from Puer- ethnic values, their own beliefs, but languages into the American pattern, to Rico, Mr. CARLOS ROMERO-BARCELO´ , they were bound together by that com- this crazy quilt, without the kind of former Governor. mon language. That was the glue that legislation that is being portrayed (Mr. ROMERO-BARCELO´ asked and created the great American stained today as our salvation. was given permission to revise and ex- glass window of many cultures with Mr. CANADY of Florida. Mr. Chair- tend his remarks.) one language. man, I yield 2 minutes to the gen- Mr. ROMERO-BARCELO´ . Mr. Chair- Twenty-five years ago we went away tleman from Tennessee [Mr. BRYANT]. man, we have been talking here about from this. Prior to that, I had grown up (Mr. BRYANT of Tennessee asked different things because we are oppos- in New York City as did Mr. SERRANO. and was given permission to revise and ing the bill. I do not think there is a I saw the various ethnic groups come extend his remarks.) single Member in Congress or in the and become absorbed and learn Eng- Mr. BRYANT of Tennessee. Mr. Senate that opposes English as the lish, become part of the American main Chairman, I have been involved in a common language of the Nation. I stream. But we have gotten away from committee and I have missed part of think everybody is in agreement with that in the past 25 years. the debate, but the part that I have that. That is not an issue. I was hoping today we would have an heard about in this debate concerns me The bill, however, has several state- intelligent debate over why people because I keep hearing about how this ments. One of them is that it forbids a should be voting in a foreign language. bill will cause disunity, how it will government official from communicat- Instead we are here talking about break up this country, even such illogi- ing in writing with his constituents. churches being burned and gays being cal statements that it might cause This is the problem. This is the real bashed. To me that shows the weakness church burnings and things of this na- problem here. of the argument on the other side. ture. To me that flies in the face of I presented an amendment in the Rather than address the merits of the logic. committee that was voted 18 to 18, so it issue, they are resorting to name call- I cannot imagine anything that did not pass, that would amend this ing and ad hominem attacks. I am not would hold this country together, that bill and allow any government official talking about Mr. SERRANO, because he would pull the different peoples of this to communicate with a constituent in and I have had this debate many times. country together any more than hav- English, either orally or in writing, if I certainly respect his views. I respect ing a common language. The voices it was to make the government work his beliefs. I respect his integrity. from the other side stand up and say, more efficiently, and that was not al- But too many of the voices from the we do not need this law. We have not lowed. Not only that, it was not even other side today have resorted to vi- needed this. We have never had to do allowed by the Committee on Rules to cious name calling. To me that just un- this before. So why do we need it now? be brought to the floor. dermines and underlines the basic As the gentleman from New York, This is the purpose of this law, is to weakness of their argument. It shows Mr. KING, so eloquently said, for over prevent public officials from commu- that they cannot defend their point in- 180 years we all came together and we nicating with their constituents in any tellectually so they have to resort to assimilated. He compared this lan- language other than English in writ- the ad hominem attacks. guage, this common language of Eng- ing. I urge the adoption of this bill be- lish, which people learned because they Now, what is the freedom of speech? cause I believe we do want to bring all had to learn it, because they had to Is freedom of speech only to speak in people together. We want to stand to- learn it to socialize, to have business English? Can we not speak in another gether as one. We want to have English contacts, to have debate. Could you language? Would that be a violation? as our common language. imagine this floor if we all spoke dif- Would that be against the law? Can Mr. SERRANO. Mr. Chairman, I yield ferent languages trying to debate this that be made against the law? And you 1 minute to the gentleman from Cali- bill? We all speak English here on this are doing it because you are depriving fornia [Mr. FAZIO]. floor because that is what we all under- the Federal officials from writing, Mr. FAZIO of California. Mr. Chair- stand. But for 180 years this is what we communicating in writing with a con- man, I have one of those names that did. stituent. I think this is absurd, to say can be pronounced three different We assimilated perfectly. Mr. KING that the freedom that is most valued in ways. I think in Italy still a fourth. described it as the glue that held this this Nation, the freedom that is most I have been moved by some of the stained glass window together. I could valued throughout the world, the rea- speeches I have heard here today on not think of a better description. son why this Nation is most respected both sides of the aisle. I do not come to About 25 years ago, we started going and more admired throughout the be critical or to pound the table be- in a different direction in this country. world is because of the freedom of cause I lack an argument. I did not in- We started moving toward where the speech. Now here in this Congress, tend to speak but I am speaking now law required bilingual ballots and bi- which is supposed to protect our rights, because I thought back to the period lingual warnings in all types of things you are trying to infringe upon those when my immigrant grandparents in the official government. Keep in rights and affect the rights of even the came to this country in the early mind here, we are talking about only government itself to communicate 1900’s. Then we had an even larger per- official language. We are not saying with the constituents to serve them centage of people in this country who you cannot speak other languages. We better. I think this is absurd, and this were foreign born than we do today. are saying for official language pur- law should be voted down. And we did not need the kind of legisla- poses of this United States, it will be Mr. CUNNINGHAM. Mr. Chairman, I tion which has been presented to us English. yield 11⁄2 minutes to the gentleman here. I think we all understood, as we So for the last 25 years, we have gone from New York [Mr. KING]. do today, that we have to learn English through this. I submit to my col- Mr. KING. Mr. Chairman, I rise in in order to participate fully in our soci- leagues that a good part of the dis- support of H.R. 123 and in opposition to ety. trust, the mistrust in this country, the August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9765 division that exists today is caused by support bilingualism in the United English. And then look at Los Angeles things like this. I urge my colleagues States of America no doubt are well that has had to turn to 24-hour, round- not to vote for this amendment but to motivated. They care about immi- the-clock teaching of English as a sec- support the underlying bill, H.R. 123. grants and they care about their fellow ond language because there is such a b 1515 man, and thus they want to make it backlog of people hoping to take these easier for them not to learn how to classes. Then go to New York City, Mr. SERRANO. Mr. Chairman, I yield speak English. where they have to give out lottery 2 minutes to the gentlewoman from Well, my colleagues are not doing tickets so that they can get a space in Texas [Ms. JACKSON-LEE]. anybody a favor by making it easier for a class to learn English, and then real- (Ms. JACKSON-LEE of Texas asked them not to learn English. People all ize that these folks are there to learn and was given permission to revise and over the world are struggling to teach English. extend her remarks.) their children English and struggling In fact, the studies show that people Ms. JACKSON-LEE of Texas. Mr. how to learn English because they today are learning English at a rate Chairman, I thank the gentleman from know that is the key that unlocks the that is four times as fast as people a New York for yielding this time to me, door to opportunity. Those people who hundred years ago were learning Eng- and I too was in a hearing in the Com- are making it easier for our own peo- lish. That makes sense because tech- mittee on the Judiciary, as a member ple, people who live in this country, nology makes it easier for folks to ac- of the Committee on the Judiciary, but not to speak English are doing them a quire the English language. felt moved to come and really clear the great disservice. Please do not say that folks who air, for there seems to be accusations I have a large number of Asians in come to this country and have said, that we are making ad hominem com- my district, people who are American ‘‘I’m here legally, and I’m about to be- ments and accusations against those citizens who are of Asian descent. come a U.S. citizen when I qualify after who would raise this bill as a vital bill When they come to me and ask me my 5 years,’’ please do not tell these folks to the national security interests. advice on how to make sure they can that they do not wish to learn English Well, as a member of the Committee do well and their children can do well, because our colleagues have just deni- on the Judiciary, I have come to up- I always advise them: ‘‘Make sure your grated every reason they took to forgo hold the Constitution, to recognize children learn how to speak English,’’ their country’s nationality and come that there is a freedom of expression, a and I have never had one of them dis- to this country and make it their new first amendment right, that we are not agree with me. place and their children’s place. threatened in our national security or I will tell my colleagues this much: These folks want to learn. Recognize any of our concerns by those who Those people in the Hispanic commu- that, and unfortunately this bill does would speak a different language, but nity who are being led down this down- not do what our colleagues say. Their love this flag. ward path by people who care about intent is good. Their bill is bad. Forget Just as we would not discriminate them are going to resent it in the end about the bill. Let us live with intent. against those who do not speak an- when their children do not have the op- We can all agree with it. Let us all other language other than English, portunity of other Americans because have English in this country. But this that they can be employed across this they are locked out of the American bill does not do it. Mr. CUNNINGHAM. Mr. Chairman, I Nation, should we not discriminate system because they cannot speak Eng- yield 1 minute to the gentleman from against those who started first from a lish. land that speaks another language but California [Mr. DOOLITTLE]. We care. We are the ones who care Mr. DOOLITTLE. Mr. Chairman, this still love this flag and want to have the about every American citizen when we is a very important bill. Its intent is opportunity to be American citizens. do not give them an easy way out, but good; I agree with the gentleman, and It would seem that my colleagues on we say, ‘‘Become part of America, we its substance is good. We must have the other side of the aisle, if they were love you, we have caring in our heart. English as the official language. We are truly concerned about unity, would That’s why you should learn to speak a great country, and the people of this support the Serrano bill, as I am, for it English and that’s why we are doing country draw strength in many dif- emphasizes the commonality of our you a disservice by making it easier for ferent roots, but we are one Nation language, the importance of multi- you to exist in our society without under God. We need to have English lingualism, the importance of opposing being able to communicate, without spread throughout the land. We are not the imposition of unconstitutional lan- being able to be fully part of the eco- doing anyone a favor by encouraging guage policies, and it supports the nomic system.’’ them in essence not to learn English. views that this Nation’s strength lies Mr. SERRANO. Mr. Chairman, I yield This bill will provide some added in- in our diversity. 2 minutes to the gentleman from Cali- centive, I think, to do that without Would my colleagues want me as a fornia [Mr. BECERRA]. being unduly punitive to anyone, but member of the Committee on the Judi- Mr. BECERRA. Mr. Chairman, I English is the language of this country, ciary and this Congress to deny Amer- thank the gentleman for yielding the and I think it is very, very important ican citizens the right to understand time. It is hard to respond in just 2 that we act today as the House and the Federal election ballot? This is minutes because I continue to hear adopt this bill and send a clear message what the bill that is on the floor does people say we want these folks to learn to the country so that we can help peo- right now. It says that if individuals English. We cannot have ethnic en- ple help themselves. speak a language, English, but yet can- claves. We do not want kids to grow up Mr. SERRANO. Mr. Chairman, I yield not read in English, and they have the only speaking a native language that is 1 minute to the gentleman from Guam opportunity and the right to vote as a not the language of this country. [Mr. UNDERWOOD]. citizen, they cannot have a bilingual My God, have my colleagues ever (Mr. UNDERWOOD asked and was ballot, a total elimination of provi- seen a child on the playground who given permission to revise and extend sions of the Voter Rights Act of 1965. does not understand English very well his remarks.) Mr. Chairman, this is an unconstitu- and how they yearn to be able to so- Mr. UNDERWOOD. Mr. Chairman, we tional bill. Support the Serrano bill. I cialize with their classmates as quick- are confronted with a bill which has cannot hold to the fact that America ly as possible? If my colleagues have great objectives, the learning of Eng- would disgrace itself with this kind of not seen it, then I urge them to come lish and use of English as the primary legislation on the floor. to some of the schools in Los Angeles language of government. It also makes Mr. CANADY of Florida. Mr. Chair- or San Francisco or Chicago or New the claim that national unity is pro- man, I yield 2 minutes to the gen- York or anywhere in this country, and moted and that speakers of other lan- tleman from California [Mr. they will see the eyes of these kids just guages will be empowered, but the ve- ROHRABACHER]. yearning to learn, and it is not just the hicles used in this legislation clearly Mr. ROHRABACHER. Mr. Chairman, eyes of the children they can look at. do not match the intent. I rise in support of H.R. 123 and in op- Look at the eyes of their parents who The legislation is supposed to pro- position to the amendment. Those who see that success comes when they learn mote English, but no funds are given H9766 CONGRESSIONAL RECORD — HOUSE August 1, 1996 for English teachers or classrooms. In- ized citizens had to learn some English b 1530 stead, it restricts the behavior of elect- in order to receive citizenship. This bill is unnecessary and divisive. ed officials and agencies, and instead of Before this Nation goes the way of America is a nation of immigrants. We empowering non-English speakers, it Quebec or engages in the bitter lan- will not be stronger because of this di- disenfranchises them by taking away guage quarrels of India, I recommend visive bill. Support the amendment of- the opportunity to cast an informed that we adopt the English language in fered by the gentleman from New York ballot. this bill. [Mr. SERRANO]. Celebrate our diversity. As an educator, I took it for granted Mr. SERRANO. Mr. Chairman, I yield Welcome to those who come to our that the best way to learn was to en- such time as she may consume to the country to join in our culture, learn courage people and not discourage gentlewoman from Florida [Ms. ROS- our language, and help them succeed. them. I took it for granted that when LEHTINEN]. Mr. CUNNINGHAM. Mr. Chairman, I one wanted people to feel a sense of (Ms. ROS-LEHTINEN asked and was yield myself 3 minutes. unity, they included them and not ex- given permission to revise and extend Mr. Chairman, at the outset let me cluded them. But this is not the ap- her remarks.) say I agree with some but not all of the proach utilized in this legislation. If we Ms. ROS-LEHTINEN. Mr. Chairman, findings of the substitute offered by my wanted to characterize this legislation as a naturalized American who has friend, the gentleman from New York in terms of a carrot and stick, it is all benefited from multi-language instruc- [Mr. SERRANO]. I know the gentleman stick and not much carrot. tion, I rise in support of the amend- is well-intentioned, but his substitute Mr. Chairman, if there is a problem ment. goes in the opposite direction of the with people speaking English, let us Mr. SERRANO. Mr. Chairman, I yield bill itself. teach it to them, and let us stop this such time as she may consume to the I would again acknowledge that we very, very bad bill. gentlewoman from California [Ms. ROY- are a nation of immigrants, no doubt Mr. CANADY of Florida. Mr. Chair- BAL-ALLARD]. about it. Our history has been shaped man, I yield 2 minutes to the gen- (Ms. ROYBAL-ALLARD asked and by many cultures, religions, languages tleman from California [Mr. HORN]. was given permission to revise and ex- from around the world. We are proud of Mr. HORN. Mr. Chairman, as an edu- tend her remarks.) our Nation’s ability to assimilate peo- cator, I have long advocated that for- Ms. ROYBAL-ALLARD. Mr. Chair- ple from around the world in one cohe- eign languages be taught our students man, I rise in strong support of the sive society. On that, the gentleman in kindergarten, but that does not amendment offered by the gentleman and I agree. mean they should also be taught Eng- from New York [Mr. SERRANO]. But it is our common language that lish. They should, in kindergarten. We Mr. Chairman, I rise in strong support of the binds us together as a nation, and it is have made major mistakes in our lan- English Plus Act, which provides a common- the English language which empowers guage policy in the schools over the sense approach to the national language de- newcomers to the access of the Amer- last 20 years. Some have said, ‘‘But in bate. ican dream. First, the substitute states bilingual ballots you are simply fulfill- The English-plus substitute reaffirms that that English is the primary language of ing equal protection of the laws.’’ That English is the primary language of the United the United States. If that is the case, is absolute nonsense. Let us look at the States. It also acknowledges that in today's then the opponents should have no situation. expanding global economy, multilingualism problem designating English as the of- Ethnic groups in this country are not must be factored into any formula for eco- ficial language in statute. Second, the substitute implies that limited to Chinese, not limited to His- nomic success. Encouraging the use of world the supporters of H.R. 124 believe the panics, which was the original Valeo v. languages is critical if the United States is to Nation was founded on racial, ethnic, Nickles case in California. In the 1970 remain a world economic leader. and religious homogeneity. Not true. census there were 96 mother tongues The strength of our economy increasingly We recognize the diversity in this where languages other than English depends on trade and international business. country, and so state in the findings to were primary languages in households More than 40% of large corporations in the H.R. 123. where many of our fellow citizens were United States hire bilingual employees to com- Third, the substitute, H.R. 123, recog- raised; 1980, 387 non-English language municate, negotiate, and market American nizes the importance of possibilities. In the Los Angeles-Long goods and services. multilingualism in the context of Beach schools there are 70 languages. The English Plus Act combines two objec- international relations and national se- We cannot pick just one or two lan- tives. It establishes English as the primary lan- curity. There are exceptions for each of guages if we are really going to have guage of our country, while at the same time those situations in the bill already. equal protection of the laws. recognizing the importance of multilingualism Fourth, the substitute talks about a The only way to carry out the 14th for the future success of the United States. threat to the status of English. That is amendment and its equal protection of I urge my colleagues to stand united behind not the issue. The issue is are we going the laws is to learn English. That is The English Plus Act, and vote for the Serrano to continue down the road of a Balkan- the access for all students of all back- substitute. ized, piecemeal language policy, pro- grounds, rich and poor, when they Mr. SERRANO. Mr. Chairman, I yield gram by program, with 320 languages come to this Nation, when their par- 1 minute to the gentleman from Illi- in this country? Or are we going to es- ents come to this Nation. Such a na- nois [Mr. DURBIN]. tablish a national, commonsense, com- tional policy would not stop a friend or Mr. DURBIN. Mr. Chairman, as my mon language policy of the Federal a relative who speaks the primary lan- mother, an immigrant from Lithuania, Government which 23 States have al- guage of the citizen from writing out learned as a young girl in East St. ready established as the official policy, instructions, helping them with the Louis, IL, learning English was crucial and over 80 nations, and the President ballots, helping them learn English. All to success. She became a bilingual of United States, when he was governor of that has been historically done in translator in court as a young girl, and of Arkansas? this country by ethic groups from var- of course today I have the honor to Fifth, the substitute ious countries, and we need to have serve in the House of Representatives mischaracterizes H.R. 123 as an Eng- that spread across the land. Such as a first-generation American and the lish-only bill. It is not an English-only groups have been readily available with son of that Lithuanian immigrant. bill. It is an official language of the each immigrant wave. Every immigrant American that I have Government bill. If it were an English- What such a policy would stop is the met in my life understands one basic only bill, it would apply not only to illusion that for every language group fact in this country. Proficiency in the Government but to private busi- in a nation, a government agent must English is crucial to success. But this nesses, churches, neighborhoods, and be employed or some form of govern- amendment is less about helping Amer- homes. H.R. 123 does not apply to ment assistance must be made avail- icans, this bill is less about helping homes, churches, neighborhoods, com- able to aid all members who under- Americans to succeed, than it is about munities, public health, safety, na- stand English less well than their na- pointing out our differences in color tional security, international relative language. Presumably the natural- and culture and language. tions, or the teaching of languages. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9767 My friend, the gentleman from Cali- citizens have the right to express themselves multilingualism has contributed to this country fornia [Mr. BECERRA], asked me to rec- as they choose. Certainly government does by fostering communication and greater under- ognize that the bill decouples bilingual not have the right to intrude on such a per- standing not only within the United States, but education. It has nothing to do with sonal freedom, as this bill would, and I cannot among nations throughout the world. the bilingual education issue. condone such action. I am particularly con- I urge my colleagues to support the Serrano I would say to my friends that the in- cerned that the bill removes the requirement substitute. tention of this bill is to empower peo- for multilingual ballots in communities with sig- Mr. SERRANO. Mr. Chairman, I yield ple, empower our American children, nificant numbers of people whose primary lan- the remainder of my time to the gen- because there is a growing need to edu- guage is not English. This is troubling both tleman from Florida [Mr. DIAZ- cate children in the English language, constitutionally and in a very practical sense: BALART], a gentleman who is a living and the tendency has gone otherwise. if there are no bilingual ballots, some citizens example of why this bill is not nec- Mr. SERRANO. Mr. Chairman, I yield will no longer exercise their right to vote, but essary; a gentleman who came from myself 30 seconds. others will continue to do so, albeit in an un- Cuba, learned to speak English, while Mr. Chairman, if one wants to know avoidably less-informed manner. How short- maintaining his native tongue, and is how much people want to learn to sighted can we be? Or is there a partisan po- an asset to this country. speak English, they should come to my litical side to this issue, too? The CHAIRMAN. The gentleman district in the Bronx, or anywhere else The proposed English bill is also unneces- from Florida [Mr. DIAZ-BALART] is rec- throughout the Nation, and find out sary. While the last census shows that there ognized for 5 minutes. what happens when an English-as-a- are at least 39 languages spoken in this coun- Mr. DIAZ-BALART. Mr. Chairman, I second-language class is offered. The try, it also shows that over 95 percent of the thank the gentleman from New York line of immigrants and of recent arriv- population speaks English. Only 3 percent of [Mr. SERRANO] for yielding time to me. als and people who have been here for our citizens speak English either not well or Mr. Chairman, it is fascinating how a a while in front of those schools, trying not at all. It is clear that the English language vantage point affects one’s view. One of to get into those programs, is some- is a major element of our American culture. the most difficult challenges that I thing that would be hard to be be- English is alive and flourishing and does not face, that my wife and I face, with two lieved. The biggest problem in that need an act of Congress to continue to do so. young boys that we are raising is, for area is that we do not have enough In fact, research shows that current genera- their own benefit, to do everything in slots to fit all the people who want to tions of language-minorities are learning Eng- our power so they will retain the Span- learn to speak English. lish even faster than previous generations did. ish language. It is extraordinarily dif- This is a nonissue. This should not be It is also unwise, because it is divisive and ficult, despite the fact that they even on the floor. But since it is, we should mean-spirited. The proposal seeks to divide joke with me often that every perhaps approve my amendment and speak communities across ethnic lines. Rather than four or five words I say ‘‘Espan˜ ol.’’ re- about the future, not some problems enhancing the development of language skills, minding them of the necessity, of the we have had in the past. which the United States should do to improve importance, that they keep a second PARLIAMENTARY INQUIRY our economic competitiveness and to conduct tongue; for their own benefit, for their Mr. CUNNINGHAM. I have a par- diplomacy, this head-in-the-sand approach cultural enhancement and enrichment, liamentary inquiry, Mr. Chairman. goes in exactly the wrong direction. In its zeal for their economic competitiveness in The CHAIRMAN. The gentleman will to achieve linguistic homogeneity, the majority the future, how important it is that state it. runs roughshod over one of our Nation's they retain a second tongue. Mr. CUNNINGHAM. If we wanted to strongest assets, our cultural diversity. The gentlewoman from Florida. Ms. accept by unanimous consent the An English-only rule pertaining to govern- ILEANA ROS-LEHTINEN, my dear col- Gutierrez amendment, which was mental functions is also incredibly inefficient. league, sitting here with her young dropped, would the gentleman agree to Think of the many ways that citizens come daughter, Amanda, I know she faces that? into contact with the GovernmentÐat the post the same challenge. How often do I Mr. BECERRA. Excuse me, Mr. office, the IRS for tax forms and assistance, hear ILEANA with her daughters say, Chairman? the Social Security Office, and the courts, to ‘‘Espan˜ ol.’’ Why? Because in this great Mr. CUNNINGHAM. The Gutierrez name a few. Imagine the difficulties our citi- country, Mr. Chairman, the pressures, amendment that was dropped, would zens would have if we forbid the use of other the incredible forces for assimilation, the gentleman agree to that, which al- languages in government forms, instructional for acculturation, for acceptance of the lows Members of the House to send out materials, and the like. primary language of English is extraor- their information? Last, but certainly not least, this bill is also dinary. I do not think it has ever been Mr. SERRANO. No, we could not. un-American because it runs directly contrary equaled in the history of mankind, that The CHAIRMAN. Under the rule, that to our international goals and foreign policies. power, the power of English in this cul- amendment could not be considered at America's entire history has been to open our ture, which is spreading across, this time in the Committee of the door to other cultures, and to encourage through Hollywood and the other in- Whole, even of unanimous consent. strong cultural identities within our own coun- struments, that the American culture Mr. SERRANO. Mr. Chairman, I yield try. This bill, in effect, says that this historical has, spreading across. And now with such time as he may consume to the approach was incorrect. I disagree. technology, it is spreading across the gentleman from New York [Mr. LA- Rather, I agree with so many of my col- world. FALCE]. leagues, including a large number on the ma- To think of what is under attack in (Mr. LAFALCE asked and was given jority side, who have urged other countries, to the United States, English? No. A permission to revise and extend his re- respect ethnic minorities inside their borders. study in our community in south Flor- marks.) For instance, there is strong sentiment within ida just showed that in the first gen- Mr. LAFALCE. Mr. Chairman, I rise these walls that the Serbs who rule what is left eration here of people who are arriving in the strongest possible support of the of Yugoslavia should not run roughshod over on our shores, they are losing Spanish Serrano substitute. Albanians, Muslims and other ethnic minorities at an alarming rate, so much so that Mr. Chairman, I strongly support the English who live there. Nor have we been shy about our competitiveness in south Florida is Plus Act, the substitute offered by the es- warning the government in Russia against un- being undermined, and our ability to be teemed gentleman from New York [Mr. fair treatment of ethnic minorities within that effective in the international economy. SERRANO], which celebrates English as the pri- nation's borders. So I think it is impossible, it is real- mary language of this diverse Nation. This Mr. Chairman, I urge our colleagues to con- ly difficult to understand the viewpoint substitute is a far better approach than the sider the best interests of the American people that what is threatened is not the sec- proposed English-only bill, which in my judg- and to support the Serrano substitute, the ond and third languages that we should ment, is unconstitutional, unnecessary, un- English Plus Act. The substitute is a balanced be encouraging our children to learn in wise, inefficient, and un-American. approach that recognizes English as the pri- this country, for their own benefit and It is unconstitutional because it impedes mary language of the United States and en- for our economic future, but rather, freedom of speech and would ultimately lead courages its usage. But, most important, it what is threatened is the English lan- to disenfranchising U.S. citizens. American also respects the many ways in which guage? I am confused. H9768 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Let us not be confused, Mr. Chair- guistic minorities in this country, is language but as the primary language, man, with regard to what this bill is anti-Democratic, anti-Democratic, and in a country where in Seattle there are doing. People have often, speakers be- it constitutes congressional regression. 75 languages being taught, in Chicago fore us, have referred often, time and That is why I oppose it. there are 100; this is not bilingualism, time again, to bill 123. What we have Mr. CUNNINGHAM. Mr. Chairman, I this is a level of confusion which if it before us is bill 3898. It is a combina- yield the balance of my time to the were allowed to develop for another 20 tion of bill 123, offered by the gen- gentleman from Georgia [Mr. GING- or 30 years would literally lead, I tleman from California [Mr. RICH], the Speaker of the House. think, to the decay of the core parts of CUNNINGHAM], which I may say, with The CHAIRMAN. The gentleman our civilization. all respect, and I want to reiterate that from Georgia [Mr. GINGRICH] is recog- This bill is a very modest bill. It says I not only do not impugn but would nized for 51⁄2 minutes. English is the official language of the never doubt the intentions and the Mr. GINGRICH. Mr. Chairman, I Government. The Government. You good faith of my dear friends who dis- thank the gentleman from California can speak any language you want in agree with me on this issue. for yielding time to me. your homes, you can speak any lan- But I will say that I have never seen Mr. Chairman, I think we are at a guage you want in private life, you can a bill such as 123, half of the legislation very important turning point for campaign in any language you want, before us, that seeks to do so much to America. This is a country whose doors but all Americans should have access address so little, because the problem have always been open, and should al- to their government in their common before us is with regard to that legisla- ways be open to people from across the language. tion, that part of the bill, the invisible world. We are a nation of immigrants. It says the Government has an af- problem, the invisible problem, Mr. Our greatness in part comes from our firmative obligation to preserve and Chairman. ability to be a melting pot, to draw enhance the role of English as the offi- But there is another aspect to this from everywhere and to allow people to cial language of the U.S. Government, legislation, which is H.R. 351, which pursue happiness, to allow people to and that such obligations shall include was incorporated into 3898. And there live under the rule of law, to protect encouraging greater opportunities to learn the English language. I believe it we are not talking about a problem to their unalienable rights, and to have is important to understand that we address an invisible problem, an unnec- everyone be equal before the law. need every citizen and, frankly, in the essary bill. No. There we are talking This is a truly remarkable civiliza- long run every person who comes here about an unfortunate, unwarranted, tion. I agree with Max Lerner’s great to learn English. We need to be willing unwise, uncalled for constitutional re- work on America as a civilization, that to say it proudly and simply and not gression. we are in fact a unique civilization, with hostility but with a sense of joy: Our constitutional Republic, Mr. partially derived from Europe, par- Yes, we want you to come; yes, we Chairman, is not perfect, but it is per- tially derived from Africa, partially de- want you to immigrate; and, yes, we fectible. After 189 years of Republic, al- rived from America, partially derived want you to become American, but most 200 years after the founding of from Asia, but ultimately, a unique our Republic, Mr. Chairman, this Con- there are standards. tribute to the concept that we have For me one of those standards oc- gress stood tall in 1965 and granted the been endowed by our Creator, and that curred with the naturalization cere- right to vote to black citizens. That we represent the greatest extension of mony. Naturalization ceremonies nor- was 1965. Ten-years later, after passing freedom to the widest range of people mally involve people of many countries the Voting Rights Act of 1965, the Con- in the history of the world. with many language backgrounds, and gress extended protections to American But there is a key part of that, and part of the great joy of seeing them citizens who are not proficient in Eng- this bill is one step in that direction. stand there and, in whatever quality of lish in the Voting Rights Act, and said The key part is very simple: Is there a English they have mastered, repeating that citizens that are not proficient in thing we call American? Is is unique? in English their Pledge of Allegiance, English have a right to understand b 1545 indicating in English their new com- what they are voting on. That was monality. They may come from Thai- what was done through the amend- My Ph.D. is in European history. I believe in studying other countries. I land, from Nigeria, from Paraguay, but ments of 1975 to the Voting Rights Act. when they are in that room becoming believe in learning other languages. Let it be clear that this bill before us American, they are joined together by But I believe we start here with Amer- today eliminates the protections of their Pledge of Allegiance and they are ica, and we need to learn here about 1975 for linguistic minorities in the joined together by their new common America. United States. This is a vote not only language. on the issues that have been debated I want to say unequivocally that They leave that room as Americans, before, this is a vote on destroying a while I cherish every person who comes not hyphenated Americans, not partial significant portion of the Voting from anywhere, who comes here legally Americans, not semi-Americans. At Rights Act. and seeks to pursue happiness, and I that moment they are citizens of the When we hear about 85 percent is- hope all of them decide to stay and be- United States, under the protection of sues, I just want to make two points, come American citizens, but I want our law, living within our Constitu- because my friend, the distinguished them to become American. And part of tion, and their rights have been en- gentleman from California [Mr. becoming American involves English. dowed by their Creator. That is the CUNNINGHAM] made the point pre- It is vital historically to assert and es- framework this bill seeks to continue. viously about the fact this is an 85-per- tablish that English is the common This bill is a very simple bill, a very cent issue. I would say perhaps it is an language at the heart of our civiliza- modest bill. I would urge Members to 85-percent issue to declare English as tion. vote no for the substitute, which, the official language, such as was done One does not have to look far to see frankly eliminates any effective steps, in Florida. That would not have been the dangers. Look north to our friends and vote yes on final passage. The Bill half as controversial, by the way, de- in Canada and the challenge of separat- Emerson English Language Empower- claring English as the official lan- ism in Quebec. Look to the Balkans, ment Act is the right direction and the guage. But that is not what we are look to the continuing tensions in Bel- right bill, and the additions from the doing. We are putting a bunch of re- gium, a country which has mostly Committee on the Judiciary are very strictions. avoided violence and has mostly done a helpful. These are modest steps in the I want to say, if I may, even if it good job but has a very complex and direction of reinforcing and reasserting were an 85-percent issue, Democracy very structure relationship between its the greatest civilization ever to pro- not only requires governing by the ma- Fleming and Walloon populations. vide freedom to the human race. jority, but it is respect for the minor- Then ask yourself, in an America The CHAIRMAN. The question is on ity. I say that that portion, the Voting where their are over 80 languages the amendment in the nature of a sub- Rights Act portion of this legislation, taught in the California schools as the stitute offered by the gentleman from which constitutes aggression on lin- primary language, not as the secondary New York [Mr. SERRANO]. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9769 The question was taken; and the Dreier Kasich Quinn 123) to amend title 4, United States Duncan Kelly Radanovich Chairman announced that the noes ap- Dunn Kim Ramstad Code, to declare English as the official peared to have it. Ehlers King Regula language of the Government of the RECORDED VOTE Ehrlich Kingston Riggs United States, pursuant to House Reso- English Klug Roberts lution 499, he reported the bill back to Mr. SERRANO. Mr. Chairman, I de- Ensign Knollenberg Rogers mand a recorded vote. Everett Kolbe Rohrabacher the House with an amendment adopted A recorded vote was ordered. Ewing LaHood Roth by the Committee of the Whole. Fawell Largent Roukema The SPEAKER pro tempore. Under The vote was taken by electronic de- Fields (TX) Latham Royce vice, and there were—ayes 178, noes 250, Flanagan LaTourette Salmon the rule, the previous question is or- not voting 6, as follows: Foley Laughlin Sanford dered. Forbes Lazio Saxton Is a separate vote demanded on the [Roll No. 389] Fowler Leach Scarborough amendment to the amendment in the AYES—178 Fox Lewis (CA) Schaefer Franks (CT) Lewis (KY) Seastrand nature of a substitute adopted by the Abercrombie Gejdenson Nadler Franks (NJ) Lightfoot Sensenbrenner Committee of the Whole? If not, the Ackerman Gephardt Neal Frelinghuysen Lincoln Shadegg Andrews Geren Oberstar question is on the amendment in the Frisa Linder Shaw Baldacci Gibbons Olver Funderburk Lipinski Shays nature of a substitute. Barcia Gonzalez Ortiz Gallegly Livingston Shuster The amendment in the nature of a Barrett (WI) Gordon Orton Ganske LoBiondo Sisisky Becerra Green (TX) Owens substitute was agreed to. Gekas Longley Skelton Beilenson Gutierrez Pallone The SPEAKER pro tempore. The Gilchrest Lucas Smith (MI) Bentsen Hall (OH) Pastor Gillmor Manton Smith (NJ) question is on the engrossment and Berman Harman Payne (NJ) Gilman Manzullo Smith (TX) third reading of the bill. Bishop Hastings (FL) Pelosi Gingrich Martini Smith (WA) Blumenauer Hefner Poshard The bill was ordered to be engrossed Goodlatte McCollum Solomon Bonior Hilliard Rahall and read a third time, and was read the Goodling McCrery Souder Borski Hinchey Rangel Goss McHugh Spence third time. Boucher Holden Reed Graham McInnis Stearns Brown (CA) Hoyer Richardson MOTION TO RECOMMIT OFFERED BY MR. Greene (UT) McIntosh Stenholm Brown (FL) Jackson (IL) Rivers SERRANO Greenwood McKeon Stockman Brown (OH) Jackson-Lee Roemer Gunderson McNulty Stump Mr. SERRANO. Mr. Speaker, I offer a Bryant (TX) (TX) Ros-Lehtinen Gutknecht Metcalf Talent motion to recommit. Bunn Jacobs Rose Hall (TX) Meyers Tate Cardin Jefferson Roybal-Allard The CHAIRMAN. Is the gentleman Hamilton Mica Tauzin Chapman Johnson, E. B. Rush Hancock Miller (FL) Taylor (MS) opposed to the bill? Clay Johnston Sabo Hansen Molinari Taylor (NC) Mr. SERRANO. Yes, I am, Mr. Speak- Clayton Kanjorski Sanders Hastert Montgomery Thomas Clyburn Kaptur Sawyer er. Hastings (WA) Moorhead Thornberry Coleman Kennedy (MA) Schiff The SPEAKER pro tempore. The Hayes Myers Tiahrt Collins (IL) Kennedy (RI) Schroeder Hayworth Myrick Torkildsen Clerk will report the motion to recom- Collins (MI) Kennelly Schumer Hefley Nethercutt Traficant mit. Condit Kildee Scott Heineman Neumann Upton Conyers Kleczka Serrano The Clerk read as follows: Herger Ney Vucanovich Costello Klink Skaggs Hilleary Norwood Walker Mr. SERRANO moves that the House recom- Coyne LaFalce Skeen Hobson Nussle Walsh mit the bill to the Committee on Economic Cummings Lantos Slaughter Hoekstra Oxley Wamp and Educational Opportunities with instruc- de la Garza Levin Spratt Hoke Packard Watts (OK) DeFazio Lewis (GA) Stark tions to report the bill forthwith with the Horn Parker Weldon (FL) DeLauro Lofgren Stokes following amendment: Hostettler Paxon Weldon (PA) Dellums Lowey Studds Strike all after the enacting clause and in- Houghton Payne (VA) Weller Deutsch Luther Stupak Hunter Peterson (MN) White sert the following: Diaz-Balart Maloney Tanner Hutchinson Petri Whitfield SECTION 1. SHORT TITLE. Dicks Markey Tejeda Hyde Pickett Wicker Dingell Martinez Thompson This Act may be cited as the ‘‘English Plus Inglis Pombo Wolf Dixon Mascara Thornton Act’’. Istook Pomeroy Young (AK) Doggett Matsui Thurman Johnson (CT) Porter Zeliff SEC. 2. FINDINGS. Dooley McCarthy Torres Johnson (SD) Portman Zimmer The Congress finds the following: Doyle McDermott Torricelli Johnson, Sam Pryce (1) English is the language of the United Durbin McHale Towns Jones Quillen Edwards McKinney Velazquez States, and all members of the society recog- Engel Meehan Vento NOT VOTING—6 nize the importance of English to national Eshoo Meek Visclosky life and individual accomplishment. Brownback McDade Peterson (FL) Evans Menendez Volkmer (2) Many residents of the United States Ford Obey Young (FL) Farr Millender- Ward speak native languages other than English, Fattah McDonald Waters b 1607 including many languages indigenous to this Fazio Miller (CA) Watt (NC) country, and these linguistic resources need Fields (LA) Minge Waxman Messrs. EWING, LIGHTFOOT, Filner Mink Williams to be conserved and developed. LEWIS of California, EVERETT, (3) This Nation was founded on a commit- Flake Moakley Wilson HOSTETTLER, HEFLEY, and BEVILL Foglietta Mollohan Wise ment to democratic principles, and not on Frank (MA) Moran Woolsey changed their vote from ‘‘aye’’ to ‘‘no.’’ racial, ethnic, or religious homogeneity, and Frost Morella Wynn Mr. MARKEY changed his vote from has drawn strength from a diversity of lan- Furse Murtha Yates ‘‘no’’ to ‘‘aye.’’ guages and cultures and from a respect for NOES—250 So the amendment in the nature of a individual liberties. (4) Multilingualism, or the ability to speak Allard Boehner Clement substitute was rejected. Archer Bonilla Clinger The result of the vote was announced languages in addition to English, is a tre- Armey Bono Coble as above recorded. mendous resource to the United States be- Bachus Brewster Coburn The CHAIRMAN. The question is on cause such ability enhances American com- Baesler Browder Collins (GA) petitiveness in global markets by permitting Baker (CA) Bryant (TN) Combest the amendment in the nature of a sub- improved communication and cross-cultural Baker (LA) Bunning Cooley stitute, as amended. understanding between producers and suppli- Ballenger Burr Cox The amendment in the nature of a ers, vendors and clients, and retailers and Barr Burton Cramer substitute, as amended, was agreed to. Barrett (NE) Buyer Crane consumers. Bartlett Callahan Crapo The CHAIRMAN. Under the rule, the (5) Multilingualism improves United Barton Calvert Cremeans committee rises. States diplomatic efforts by fostering en- Bass Camp Cubin Accordingly the Committee rose; and hanced communication and greater under- Bateman Campbell Cunningham the Speaker pro tempore (Mr. NEY) standing between nations. Bereuter Canady Danner (6) Multilingualism has historically been having assumed the chair, Mr. HANSEN, Bevill Castle Davis an essential element of national security, in- Bilbray Chabot Deal Chairman of the Committee of the cluding the use of Native American lan- Bilirakis Chambliss DeLay Whole House on the State of the Union, Bliley Chenoweth Dickey guages in the development of coded commu- Blute Christensen Doolittle reported that that Committee, having nications during World War II, the Korean Boehlert Chrysler Dornan had under consideration the bill (H.R. War, and the Vietnam War. H9770 CONGRESSIONAL RECORD — HOUSE August 1, 1996 (7) Multilingualism promotes greater language is going to be lost to all of us in a language other than English. It cross-cultural understanding between dif- as our common bond, and puts it on the says that I cannot communicate with ferent racial and ethnic groups in the United floor of this House as one of those is- them in a language other than English. States. sues that questions people’s patriot- It says that if the Ambassador of Mex- (8) There is no threat to the status of Eng- lish in the United States, a language that is ism. ico or the new President of the Domini- spoken by 97 percent of United States resi- So, of course, if we go throughout can Republic writes to me in Spanish, dents, according to the 1990 United States this country and tell people that some- I can only answer on the public payroll Census. how the American flag is in danger of in English. This is the way to promote (9) ‘‘English-only’’ measures would violate being burned, people react in a certain ourselves throughout the world? traditions of cultural pluralism, divide com- way to that against burning of flags. If My recommittal amendment, pro- munities along ethnic lines, jeopardize the we tell them that the only way we are posal says two things: That we recog- provision of law enforcement, public health, going to save our schools is by praying nize that English is the language of education, and other vital services to those whose English is limited, impair government in school, people will react to that in a this country, and that we ask govern- efficiency, and undercut the national inter- positive way. If we tell them that be- ment and its citizens to involve them- est by hindering the development of lan- cause other languages are spoken in selves in learning to speak it better guage skills needed to enhance international this country at any given time, and re- every day. competitiveness and conduct diplomacy. cent times, that the English language Then it says something else which I (10) Such ‘‘English-only’’ measures would is in danger of disappearing, therefore, think is important. It says that if represent an unwarranted Federal regulation the country is in danger of disappear- someone is a candidate for President of self-expression, abrogate constitutional ing as the country that we know. and receives Federal matching funds, rights to freedom of expression and equal protection of the laws, violate international But the fact of life is that some peo- especially if they are going out there human rights treaties to which the United ple much brighter than I, than many of and saying that English should be the States is a signatory, and contradict the us, somewhere interestingly enough in official language, that they should not spirit of the 1923 Supreme Court case Meyer my city on Madison Avenue in an ad- use any public funds to advertise in a v. Nebraska, wherein the Court declared that vertising agency decided that this is language other than English. ‘‘The protection of the Constitution extends one of those hot button issues that I have written to one of the Presi- to all; to those who speak other languages as touches people, confuses them, and dential candidates who has seven Span- well as to those born with English on the gives them what they think is a solu- ish commercials in the can to go in tongue.’’. tion to their problems. Texas and in California and New York SEC. 3. GOVERNMENT POLICIES That does not talk about poverty in pretty soon. As the insurgent, I have The United States Government should pursue policies that promote English as the lan- America. It does not talk about the written to him twice and asked him to guage of the United States and that— working middle-class struggling to pay respond and he has not responded. (1 encourage all residents of this country a mortgage and send their children to But in fact, in fact, all Presidential to become fully proficient in English by ex- school. It does not talk about taxes. It candidates have done that. I think that panding educational opportunities and infor- does not talk about the environment. we would be taking a proper stand if we mational resources; It does not speak to any of the real is- say, since election campaigning with (2) conserve and develop the Nation’s lin- sues in this country. It says that be- Federal dollars is an act of govern- guistic resources by encouraging all resi- cause I and other people speak another dents of this country to learn or maintain ment, and since English will be the of- skills in a language other then English; language and relate to constituents in ficial language of government, then do (3) respect the languages of Native Ameri- a language other than English, that not go around saying, ‘‘Vote para mi in cans, Native Alaskans, Native Hawaiians, somehow we are in danger. estos elecciones.’’ Say it in English and and other peoples indigenous to the United That is a misguided, foolishly patri- run the risk of losing New York, Flor- States and its territories; otic approach to a nonissue, but it has ida, California, New Mexico, Arizona, (4) continue to provide services in lan- worked. Up to now it has worked. Peo- and Texas. guages other than English as needed to fa- ple have reacted to it. People who have Mr. Speaker, let me just close by say- cilitate access to essential functions of gov- been members of the Armed Forces, ernment, promote public health and safety, ing when Hispanics sit around the din- ensure due process, promote equal edu- who are in late years, honestly and ner table and the issue of language cational opportunity, and protect fundamen- emotionally believe that if we allow comes up, it is never an assault on the tal rights; other languages to live side by side English language. It is a lament on the (5) recognize the importance of with the English language, or in a sec- fact that the children and the grand- multilingualism to vital American interests ond category to English, that somehow children no longer speak Spanish. This and individual rights, and oppose restriction- we are going to lose our country. is a nonissue. ist language measures; and On many of these issues, my brothers The SPEAKER pro tempore. Is the (6) require Presidential campaigns and and sisters, I place myself as an exam- Federal Elections be conducted in English. gentleman from California [Mr. ple. I think in two languages. I write CUNNINGHAM] opposed to the motion? b 1615 and read Spanish and English. I can de- Mr. CUNNINGHAM. Mr. Speaker, Mr. CUNNINGHAM (during the read- liver this presentation in Spanish as yes, I am opposed to the motion. ing). Mr. Speaker I ask unanimous con- well as in English. I do not think that The SPEAKER pro tempore. The gen- sent that the motion be considered as any of what I do in two languages has tleman from California [Mr. read and printed in the RECORD. ever been a problem for me or a prob- CUNNINGHAM] is recognized for 5 min- The SPEAKER pro tempore (Mr. lem for this country. utes. NEY). Is there objection to the request When I served in the Armed Forces of Mr. CUNNINGHAM. Mr. Speaker, of the gentleman from California? this country during the Vietnam war, I there are people on both sides of the Mr. BONIOR. Mr. Speaker, I object. served with young men who could not issue that believe strongly that they The SPEAKER pro tempore. Objec- speak a word of English who had just are in the right on this thing. First of tion is heard. The Clerk will read. arrived here and were drafted or who all, the gentleman from New York [Mr. The Clerk concluded the reading of came from Puerto Rico to serve. Many SERRANO], my friend, is a good example the motion to recommit. were volunteers. Many of those young of a bilingual citizen, but unfortu- The SPEAKER pro tempore. The gen- men never came back. They were lost nately in this land many are not, and tleman from New York [Mr. SERRANO] in the battlefields of Vietnam, as they that is what we are trying to help. is recognized for 5 minutes in support were in Korea and the Second World I would also like to thank my friend of his motion to recommit. War and the First World War, and their for his service to this country in Viet- Mr. SERRANO. Mr. Speaker, the de- last words were in Spanish to their nam, and I recognize that and I laud bate today has been at times painful God, to their parents. They never that. for some of us because, as was stated spoke English. I also thank my friend for being my on the floor on many occasions, this Yet, Mr. Speaker, this bill says that friend, and he knows I mean that sin- debate takes what is really a nonissue, if the Veterans Administration wants cerely. We are friends with a difference this fear that somehow the English to service them, it cannot service them of opinion on this issue. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9771 Mr. Speaker, I would say, first of all, RECORDED VOTE Cunningham Istook Quillen Danner Johnson (CT) Quinn that some of the amendments that the Mr. SERRANO. Mr. Speaker, I de- Davis Johnson (SD) Radanovich gentleman was talking about were ac- mand a recorded vote. Deal Johnson, Sam Ramstad tually made in order were withdrawn, A recorded vote was ordered. DeLay Jones Regula and we asked to accept them and they Diaz-Balart Kasich Riggs The SPEAKER pro tempore. Pursu- Dickey Kelly Roberts would not accept their own amend- ant to the provisions of clause 5 of rule Doolittle Kim Rogers ments back. XV, the Chair announces that he will Dornan King Rohrabacher Mr. Speaker, I would say that this is reduce to a minimum of 5 minutes the Dreier Kingston Ros-Lehtinen a version of the same vote that we just Duncan Klug Roth period of time within which a vote by Dunn Knollenberg Roukema had and it still goes in the wrong direc- electronic device, if ordered, will be Ehlers Kolbe Royce tion. It does nothing to address the taken on the question of final passage. Ehrlich LaHood Salmon piecemeal language approach of the English Largent Sanford The vote was taken by electronic de- Ensign Latham Saxton past and it encourages a continued pol- vice, and there were—ayes 171, noes 257, Everett LaTourette Scarborough icy of printing documents in many lan- not voting 5, as follows: Ewing Laughlin Schaefer Fawell Lazio Schiff guages. [Roll No. 390] I would like to state, first of all, and Fields (TX) Leach Seastrand AYES—171 Flanagan Lewis (CA) Sensenbrenner I have got four pages here of people Foley Lewis (KY) Shadegg Abercrombie Furse Murtha that support it, and I would like to Forbes Lightfoot Shaw Ackerman Gejdenson Nadler Fowler Lincoln Shays mention a few: The AARP, the Amer- Andrews Gephardt Neal Fox Linder Shuster ican Association of Women, the Amer- Baldacci Gibbons Oberstar Frank (MA) Lipinski Sisisky Barcia Gonzalez Olver ican Legion, California NEA, Daugh- Franks (CT) Livingston Skeen Barrett (WI) Gordon Ortiz Franks (NJ) LoBiondo Skelton ters of the American Revolution, Fed- Becerra Green (TX) Orton Frelinghuysen Longley Smith (MI) eration of Women’s Clubs, Heritage Beilenson Gutierrez Owens Frisa Lucas Smith (NJ) Bentsen Hall (OH) Pallone Foundation, Islamic Society of North Funderburk Manton Smith (TX) Berman Harman Pastor County, and many, many others. Gallegly Manzullo Smith (WA) Bishop Hastings (FL) Payne (NJ) Ganske Martini Solomon But let me tell my colleagues more Blumenauer Hefner Pelosi Gekas McCollum Souder about what is good about this bill. Bonior Hilliard Peterson (MN) Geren McCrery Spence Borski Hinchey Poshard First of all, Bill Emerson created this Gilchrest McHugh Stearns Boucher Holden Rahall bill, worked with the gentleman from Gillmor McInnis Stenholm Browder Hoyer Rangel Gilman McIntosh Stockman Wisconsin [Mr. ROTH], and there was Brown (CA) Jackson (IL) Reed Goodlatte McKeon Stump Brown (FL) Jackson-Lee Richardson not a mean bone in Mr. Emerson’s Goodling McNulty Talent Brown (OH) (TX) Rivers body. It has over 200 cosponsors on Goss Metcalf Tate Bryant (TX) Jacobs Roemer Graham Meyers Tauzin this. I think they are a very well-mean- Bunn Jefferson Rose Greene (UT) Mica Taylor (MS) ing group of people who believe in this Cardin Johnson, E. B. Roybal-Allard Greenwood Miller (FL) Taylor (NC) Chapman Johnston Rush bill and what it stands for. Gunderson Minge Thomas Clay Kanjorski Sabo Gutknecht Molinari Thornberry b 1630 Clayton Kaptur Sanders Hall (TX) Montgomery Thornton Clyburn Kennedy (MA) Sawyer Hamilton Moorhead Tiahrt Yes, over 80 percent of the American Coleman Kennedy (RI) Schroeder Hancock Myers Torkildsen people support it. I do not think they Collins (IL) Kennelly Schumer Hansen Myrick Torricelli Collins (MI) Kildee Scott are mean spirited. They see a problem Hastert Nethercutt Traficant Condit Kleczka Serrano that we can help with. The English lan- Hastings (WA) Neumann Upton Conyers Klink Skaggs Hayes Ney Vucanovich guage unites us as a nation of many Costello LaFalce Slaughter Hayworth Norwood Walker different immigrants and, just like the Coyne Lantos Spratt Hefley Nussle Walsh Cummings Levin Stark Speaker said, at the swearing in, you Heineman Obey Wamp de la Garza Lewis (GA) Stokes Herger Oxley Watts (OK) see people from all over the world unit- DeFazio Lofgren Studds Hilleary Packard Weldon (FL) ed when they are sworn in under the DeLauro Lowey Stupak Hobson Parker Weldon (PA) Dellums Luther Tanner English language. That is in the bill. Hoekstra Paxon Weller Deutsch Maloney Tejeda We are better able to move about and Hoke Payne (VA) White Dicks Markey Thompson Horn Petri Whitfield interact within our society itself. With Dingell Martinez Thurman Hostettler Pickett Wicker 123 languages spoken in the United Dixon Mascara Torres Houghton Pombo Wolf Doggett Matsui Towns States, we need to declare English as Hunter Pomeroy Young (AK) Dooley McCarthy Velazquez the official language. Hutchinson Porter Zeliff Doyle McDermott Vento Hyde Portman Zimmer Let me close with a quotation from Durbin McHale Visclosky Inglis Pryce one of our witnesses, Maria Lopez-Otin: Edwards McKinney Volkmer From the immigrant’s standpoint, knowl- Engel Meehan Ward NOT VOTING—5 Eshoo Meek Waters edge of English is critically important to Brownback McDade Young (FL) success in American society, and discussions Evans Menendez Watt (NC) Farr Millender- Waxman Ford Peterson (FL) about immigration, bilingual education or Fattah McDonald Williams English as a second language are but distrac- Fazio Miller (CA) Wilson b 1648 tions from the issue at hand, the merits of Fields (LA) Mink Wise English as the official language of the United Filner Moakley Woolsey Mr. MINGE and Mr. SCHIFF changed States. And on that point, on whatever level Flake Mollohan Wynn their vote from ‘‘aye’’ to ‘‘no.’’ you consider, education, employment, poli- Foglietta Moran Yates So the motion to recommit was re- tics, a social grounding in English is impera- Frost Morella jected. tive. Now, does this mean rejection of our NOES—257 The result of the vote was announced roots, our heritage, our original language? Of Allard Bliley Chabot as above recorded. course not. What it means is that as Ameri- Archer Blute Chambliss The SPEAKER pro tempore (Mr. cans, we cannot hope to reach our fullest po- Armey Boehlert Chenoweth NEY). The question is on the passage of tential unless we speak the language, and Bachus Boehner Christensen that language is English. Baesler Bonilla Chrysler the bill. Baker (CA) Bono Clement The SPEAKER pro tempore (Mr. The question was taken; and the Baker (LA) Brewster Clinger Speaker pro tempore announced that NEY). Without objection, the previous Ballenger Bryant (TN) Coble question is ordered on the motion to Barr Bunning Coburn the noes appeared to have it. Barrett (NE) Burr Collins (GA) RECORDED VOTE recommit. Bartlett Burton Combest There was no objection. Barton Buyer Cooley Mr. CUNNINGHAM. Mr. Speaker, I The SPEAKER pro tempore. The Bass Callahan Cox demand a recorded vote. question is on the motion to recommit. Bateman Calvert Cramer A recorded vote was ordered. The question was taken; and the Bereuter Camp Crane The vote was taken by electronic de- Bevill Campbell Crapo Speaker pro tempore announced that Bilbray Canady Cremeans vice, and there were—ayes 259, noes 169, the noes appeared to have it. Bilirakis Castle Cubin not voting 5, as follows: H9772 CONGRESSIONAL RECORD — HOUSE August 1, 1996 [Roll No. 391] Collins (IL) Jacobs Pelosi FEDERAL EMPLOYEE REPRESEN- Collins (MI) Jefferson Pomeroy Allard Gillmor Nethercutt Conyers Johnson, E. B. Rahall TATION IMPROVEMENT ACT OF Archer Gilman Neumann Costello Johnston Rangel 1996 Armey Goodlatte Ney Coyne Kaptur Reed Bachus Goodling Mr. CANADY of Florida. Mr. Speak- Norwood Cummings Kennedy (MA) Richardson Baesler Gordon Nussle de la Garza Kennedy (RI) Rivers er, I ask unanimous consent to take Baker (CA) Goss Obey DeFazio Kennelly Roemer from the Speaker’s table the bill (H.R. Baker (LA) Graham Oxley DeLauro Kildee Ros-Lehtinen Ballenger Greene (UT) 782) to amend title 18 of the United Packard Dellums Kleczka Rose Barr Greenwood Parker Deutsch Klink Roybal-Allard States Code to allow members of em- Barrett (NE) Gunderson Paxon Diaz-Balart LaFalce Rush ployee associations to represent their Bartlett Gutknecht Payne (VA) Dicks Lantos Sabo views before the U.S. Government, Barton Hall (TX) Peterson (MN) Dingell Levin Sanders Bass Hamilton with a Senate amendment thereto, and Petri Dixon Lewis (GA) Sawyer Bateman Hancock Pickett Doggett Lofgren Schiff concur in the Senate amendment. Bereuter Hansen Pombo Dooley Lowey Schroeder The Clerk read the title of the bill. Bevill Harman Porter Doyle Luther Schumer The Clerk read the Senate amend- Bilbray Hastert Portman Durbin Maloney Scott Bilirakis Hastings (WA) ment, as follows: Poshard Edwards Markey Serrano Bliley Hayes Pryce Engel Martinez Skaggs Senate amendment: Blute Hayworth Quillen Ensign Matsui Skeen Strike out all after the enacting clause and Boehlert Hefley Quinn Eshoo McCarthy Slaughter insert: Boehner Hefner Radanovich Evans McDermott Stark SECTION 1. SHORT TITLE. Bono Heineman Ramstad Farr McHale Stokes This Act may be cited as the ‘‘Federal Em- Brewster Herger Regula Fattah McKinney Studds Browder Hilleary ployee Representation Improvement Act of Riggs Fazio Meehan Stupak Bryant (TN) Hobson 1996’’. Roberts Fields (LA) Meek Tejeda Bunning Hoekstra SEC. 2. REPRESENTATION BY FEDERAL OFFI- Rogers Filner Menendez Thompson Burr Hoke CERS AND EMPLOYEES. Rohrabacher Flake Millender- Thornton Burton Holden Roth Foglietta McDonald Torres (a) EXTENSION OF EXEMPTION TO PROHIBI- Buyer Horn Roukema Frank (MA) Miller (CA) Torricelli TION.—Subsection (d) of section 205 of title Callahan Hostettler Royce Frost Minge Towns 18, United States Code, is amended to read as Calvert Houghton Salmon Furse Mink Velazquez follows: Camp Hunter Sanford Gejdenson Moakley Vento ‘‘(d)(1) Nothing in subsection (a) or (b) pre- Campbell Hutchinson Saxton Gephardt Mollohan Visclosky Canady Hyde vents an officer or employee, if not incon- Scarborough Geren Moran Ward Castle Inglis sistent with the faithful performance of that Schaefer Gibbons Morella Waters Chabot Istook officer’s or employee’s duties, from acting Seastrand Gonzalez Murtha Watt (NC) Chambliss Johnson (CT) Sensenbrenner Green (TX) Nadler Waxman without compensation as agent or attorney Chenoweth Johnson (SD) Shadegg Gutierrez Neal Williams for, or otherwise representing— Christensen Johnson, Sam Shaw Hall (OH) Oberstar Wilson ‘‘(A) any person who is the subject of dis- Chrysler Jones Shays Hastings (FL) Olver Wise ciplinary, loyalty, or personnel administra- Clement Kanjorski Shuster Hilliard Ortiz Woolsey tion proceedings in connection with those Clinger Kasich Sisisky Hinchey Orton Wynn Coble Kelly proceedings; or Skelton Hoyer Owens Yates Coburn ‘‘(B) except as provided in paragraph (2), Kim Smith (MI) Jackson (IL) Pallone Collins (GA) any cooperative, voluntary, professional, King Smith (NJ) Jackson-Lee Pastor Combest recreational, or similar organization or Kingston Smith (TX) (TX) Payne (NJ) Condit Klug Smith (WA) group not established or operated for profit, Cooley Knollenberg Solomon NOT VOTING—5 if a majority of the organization’s or Cox Kolbe Souder groups’s members are current officers or em- Cramer LaHood Spence Brownback McDade Young (FL) Ford Peterson (FL) ployees of the United States or of the Dis- Crane Largent Spratt trict of Columbia, or their spouses or depend- Crapo Latham Stearns ent children. Cremeans LaTourette Stenholm b 1657 Cubin Laughlin Stockman ‘‘(2) Paragraph (1)(B) does not apply with Cunningham Lazio Stump Mr. JACKSON of Illinois changed his respect to a covered matter that— ‘‘(A) is a claim under subsection (a)(1) or Danner Leach Talent vote from ‘‘aye’’ to ‘‘no.’’ Davis Lewis (CA) Tanner (b)(1); Deal Lewis (KY) Tate So the bill was passed. ‘‘(B) is a judicial or administrative pro- DeLay Lightfoot Tauzin The result of the vote was announced ceeding where the organization or group is a Dickey Lincoln Taylor (MS) as above recorded. party; or Doolittle Linder Taylor (NC) A motion to reconsider was laid on ‘‘(C) involves a grant, contract, or other Dornan Lipinski Thomas agreement (including a request for any such Dreier Livingston Thornberry the table. Duncan LoBiondo Thurman grant, contract, or agreement) providing for the disbursement of Federal funds to the or- Dunn Longley Tiahrt f Ehlers Lucas Torkildsen ganization or group.’’. Ehrlich Manton Traficant (b) APPLICATION TO LABOR-MANAGEMENT English Manzullo Upton b 1700 RELATIONS.—Section 205 of title 18, United Everett Martini Volkmer States Code is amended by adding at the end Ewing Mascara Vucanovich the following: Fawell McCollum Walker GENERAL LEAVE ‘‘(i) Nothing in this section prevents an Fields (TX) McCrery Walsh employee from acting pursuant to— Flanagan McHugh Wamp Mr. CUNNINGHAM. Mr. Speaker, I ‘‘(1) chapter 71 of title 5; Foley McInnis Watts (OK) ask unanimous consent that all Mem- Forbes McIntosh Weldon (FL) ‘‘(2) section 1004 or Chapter 12 of title 39; Fowler McKeon Weldon (PA) bers may have 5 legislative days within ‘‘(3) section 3 of the Tennessee Valley Au- Fox McNulty Weller which to revise and extend their re- thority Act of 1933 (16 U.S.C. 831b); Franks (CT) Metcalf White marks on the bill just passed. ‘‘(4) chapter 10 of title I of the Foreign Franks (NJ) Meyers Whitfield Service Act of 1980 (22 U.S.C. 4104 et seq.); or Frelinghuysen Mica Wicker The SPEAKER pro tempore. Is there ‘‘(5) any provision of any other Federal or Frisa Miller (FL) Wolf objection to the request of the gen- District of Columbia law that authorizes Funderburk Molinari Young (AK) tleman from California? labor-management relations between an Gallegly Montgomery Zeliff There was no objection. agency or instrumentality of the United Ganske Moorhead Zimmer States or the District of Columbia and any Gekas Myers Gilchrest Myrick f labor organization that represents its employees.’’. NOES—169 Mr. CANADY of Florida (during the Abercrombie Berman Brown (OH) PERSONAL EXPLANATION reading). Mr. Chairman, I ask unani- Ackerman Bishop Bryant (TX) Andrews Blumenauer Bunn Mrs. COLLINS of Illinois. Mr. Speak- mous consent that the Senate amend- Baldacci Bonilla Cardin er, on rollcall 387, the conference re- ment be considered as read and printed Barcia Bonior Chapman port to accompany the bill, H.R. 3603, in the RECORD. Barrett (WI) Borski Clay the Agriculture Appropriations Act for The SPEAKER pro tempore (Mr. Becerra Boucher Clayton Beilenson Brown (CA) Clyburn Fiscal Year 1997, I inadvertently voted NEY). Is there objection to the original Bentsen Brown (FL) Coleman ‘‘yea.’’ I intended to vote ‘‘nay.’’ request of the gentleman from Florida? August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9773 There was no objection. search Center in Watkinsville, GA as Mr. Campbell’s contributions to agri- The SPEAKER pro tempore. Is there the J. Phil Campbell, Senior Natural culture and the communities and Na- objection to the original request of the Resource Conservation Center. tion he loved. Fortunately, Mr. Camp- gentlemen from Florida? J. Phil Campbell, Senior lived on this bell’s contributions to agriculture are Mr. FRANK of Massachusetts. Re- Earth for 66 years, but in that time, he not being recognized after his death serving the right to object, Mr. Speak- gave more to the men and women of only. In the mid-1930’s, Dean Paul er, I would just note that this is legis- this country that can be measured. His Chapman, the first dean of the Univer- lation correcting a matter involving contributions to agriculture, not only sity of Georgia’s College of agriculture, employee rights that has been fully in the Southeast, but throughout the stated, ‘‘J. Phil Campbell and I were agreed to and has gone through the Nation, are well known and widely rec- pioneers in promoting professional ag- House previously without objection, ognized. Mr. LINDER and I introduced ricultural work and in the establishing and I withdraw my reservation of ob- this legislation to, in a small way, give of agencies to carry on such work. jection. Mr. Campbell the recognition he most With little professional training our- The SPEAKER pro tempore. Is there certain deserves. selves, we were plowing new ground to objection to the original request of the James Philander Campbell was born create such training.’’ Later, in a cere- gentleman from Florida? in Dallas, GA, just northeast of At- mony honoring Mr. Campbell after he There was no objection. lanta, on March 2, 1878. He grew up on departed for Washington, Dean Chap- A motion to reconsider was laid on a farm and, at the age of 17, began man stated that no one had as many the table. teaching school. At a young age, J. friends in Georgia as did J. Phil Camp- f Phil Campbell, Senior fought for and bell. Mr. Campbell was also recognized helped to secure legislation providing in the ‘‘Who’s Who in America’’ collec- J. PHIL CAMPBELL SENIOR NATU- for teaching agriculture in rural Geor- tion in the 1940’s. Clearly, given his RAL RESOURCE CONSERVATION gia schools. In 1907, he spent 6 months contributions to agriculture in the CENTER traveling throughout the State advo- State of Georgia and throughout he Mr. ALLARD. Mr. Speaker, I call up cating for the creation of district agri- Nation, Mr. Campbell had more friends the bill (H.R. 3387) to designate the culture schools and a State college of than he could have ever known. Southern Piedmont Conservation Re- agriculture. All of this was done before Mr. Speaker, I am honored to offer search Center located at 1420 Experi- he turned 30 years of age. this legislation. In a letter from the mental Station Road in Watkinsville, Between 1908 and 1910, J. Phil Camp- USDA, Secretary of Agriculture Dan GA, as the J. Phil Campbell, Senior bell, Senior served as the first farmer Glickman stated that, while the USDA Natural Resource Conservation Center extension supervisor to the Southeast generally discourages the naming of its and I ask unanimous consent for its region. This was done before passage of laboratories after any one individual, immediate consideration in the House. the Smith-Lever Act in 1915, which cre- given the Department’s admiration and The Clerk read the title of the bill. ated a Federal extension service. appreciation of, ‘‘the great service Mr. The SPEAKER pro tempore. Is there In 1910, he began a career as the Campbell has rendered to agriculture Georgia State agent for the U.S. De- objection to the request of the gen- and the Nation, the USDA has no ob- partment of Agriculture. He also tleman from Colorado? jection to the enactment of H.R. 3387.’’ served on the Georgia State Univer- Mr. STENHOLM. Reserving the right We have also received assurances sity’s College of Agriculture staff. Dur- to object, Mr. Speaker, although I do from the CBO that enactment of H.R. ing his tenure, he organized nearly not intend to object, I yield to the gen- 3387 will result in no significant cost to 13,000 Georgia children in ‘‘corn’’ and tleman from Colorado Mr. Allard for an the Federal Government and does not ‘‘canning clubs.’’ He also helped orga- explanation of H.R. 3387. include any inter-governmental or pri- nize 5,000 Georgia farmers into farming Mr. ALLARD. Mr. Speaker, I thank vate sector mandates. demonstration work. These efforts the gentleman for yielding. Given this, Mr. Speaker, I urge my were done under the supervision of Dr. Mr. Speaker, H.R. 3387 is a non- colleagues to join with me to recognize Seaman Knapp of the U.S. Department controversial bill sponsored by Con- Mr. Campbell’s many contributions and of Agriculture. gressman CHARLIE NORWOOD. H.R. 3387 support this legislation. During this time, he also served as With that, I thank the gentleman renames the Southern Piedmont Con- the Director of Extension Work in Ag- from Texas for yielding. servation Research Center located in riculture and Home Economics. In 1933, Mr. STENHOLM. Mr. Speaker, con- Watkinsville, GA, as the J. Phil Camp- he took a leave of absence to assist the tinuing my reservation of objection, I bell, Sr. Natural Resource Conserva- Federal Agriculture Adjustment Ad- thank my colleague for his explanation tion Center. The bill memorializes Mr. ministration in their cotton belt crop of the legislation. Campbell, an FDR appointee, for his replenishment division. After 1935, he I rise in support of H.R. 3387, and leading role in locating the Center in was elevated to a Federal position in wanted to thank my colleagues from Watkinsville and for maintaining fund- the Roosevelt administration as assist- Georgia for their work on this effort. ing for the center. ant chief of the Soil Conservation Mr. Campbell was certainly a driving H.R. 3387 was approved by a voice Service in the USDA. He served in that force in their home State, as well as in vote in the Subcommittee on Resource capacity until he died in December of a number of areas in agriculture, in- Conservation, Research, and Forestry 1994. cluding Extension Service and research and in the full Committee on Agri- In addition to his clear record of ac- activities, in addition to serving as as- culture on May 30 and June 19, respec- complishment in the area of education, sistant chief of the Soil Conservation tively. Moreover, Secretary Glickman J. Phil Campbell, Senior was also ex- Service here in Washington during has provided Chairman ROBERTS with a tremely interested in agricultural re- Franklin Roosevelt’s administration. letter, dated June 19, which states that search and maintained close ties with Therefore, it is appropriate that the the Department has no objections to Georgia’s agriculture experiment sta- agriculture research facility in H.R. 3387, and which further acknowl- tions. He was integral in the creation Watkinsville that works on issues in- edges Mr. Campbell’s profound con- of the Southern Piedmont Conserva- volving our natural resources be named tributions to American agriculture. tion Research Center. He chose its after him. Mr. NORWOOD. Mr. Speaker, will the siting in Watkinsville, just outside of Again, I thank our colleagues, the gentleman yield? Athens and the University of Georgia. gentlemen from Georgia, Mr. NORWOOD Mr. STENHOLM. I yield to the gen- When funding for the center was and Mr. LINDER, for introducing this tleman from Georgia. threatened in its first year, Phil Camp- legislation, and I urge its passage by Mr. NORWOOD. Mr. Speaker, I thank bell fought to keep the center open and the House. the gentleman from Texas for yielding secure its line of funding. It exists to Mr. Speaker, I withdraw my reserva- to me. this day on Experimental Station Road tion of objection. Mr. Speaker, I rise today in support in Watkinsville. The SPEAKER pro tempore. Is there of H.R. 3387, a bill to rename the I introduced H.R. 3387 as a small objection to the request of the gen- Southern Piedmont Conservation Re- token of recognition and gratitude for tleman from Colorado? H9774 CONGRESSIONAL RECORD — HOUSE August 1, 1996 There was no objection. the land is not longer used for airport Given the support for the land swap The Clerk read the bill, as follows: purposes, it reverts back to the Forest from the property owners, local offi- H.R. 3387 Service. The bill, as amended in sub- cials, and the Forest Service, this mat- Be it enacted by the Senate and House of Rep- committee, provides that, in exchange ter should be noncontroversial. I urge resentatives of the United States of America in for adequate consideration, the rever- its adoption. Congress assembled, sionary interests is relinquished. Mr. STENHOLM. Mr. Speaker, fur- SECTION 1. DESIGNATION OF J. PHIL CAMPBELL, H.R. 2670 is a noncontroversial bill ther reserving the right to object, I SENIOR NATURAL RESOURCE CON- which was approved by a voice vote in thank my colleague for his expla- SERVATION CENTER. both the subcommittee and full com- nation. The Southern Piedmont Conservation Re- mittee on May 30 and June 19, respec- An amendment adopted by the com- search Center located at 1420 Experimental mittee will be offered to provide for Station Road in Watkinsville, Georgia, shall tively, and enjoys the support of the be known and designated as the ‘‘J. Phil Department of Agriculture. compensation to the Forest Service for Campbell, Senior Natural Resource Con- Mr. BARCIA. Mr. Speaker, will the its release of a reversionary interest it servation Center’’. gentleman yield? holds in land affected by the proposed SEC. 2. REFERENCES. Mr. STENHOLM. Further reserving exchange. Any reference in a law, map, regulation, the right to object, I yield to the gen- Mr. Speaker, I support the bill with document, paper, or other record of the Unit- tleman from Michigan. the committee amendment, and I with- ed States to the building referred to in sec- (Mr. BARCIA asked and was given draw my reservation of objection. tion 1 shall be deemed to be a reference to permission to revise and extend his re- The SPEAKER pro tempore. Is there the ‘‘J. Phil Campbell, Senior Natural Re- marks.) objection to the request of the gen- source Conservation Center’’. Mr. BARCIA. Mr. Speaker, I rise in tleman from Colorado? The bill was ordered to be engrossed support of H.R. 2670, a bill I sponsored, There was no objection. and read a third time, was read the to provide for the release of reversion- The Clerk read the bill, as follows: third time, was passed, and a motion to ary interests held by the United States H.R. 2670 reconsider was laid on the table. in certain property located in Iosco Be it enacted by the Senate and House of Rep- f County, MI. resentatives of the United States of America in I want to thank the chairman of the Congress assembled, GENERAL LEAVE Subcommittee on Resource Conserva- SECTION 1. RELEASE OF REVERSIONARY INTER- Mr. ALLARD. Mr. Speaker, I ask EST REGARDING CERTAIN PROP- tion, Research and Forestry, chaired ERTY IN IOSCO COUNTY, MICHIGAN. unanimous consent that all Members by the gentleman from Colorado [Mr. (a) RELEASE REQUIRED.—The Secretary of may have 5 legislative days within ALLARD], and its ranking member, the Agriculture shall release, without consider- which to revise and extend their re- gentleman from South Dakota [Mr. ation, the reversionary interest of the Unit- marks on H.R. 3387, the bill just consid- JOHNSON], for their willingness to help ed States in the parcel of real property de- ered. move this issue toward resolution. scribed in subsection (b), which was retained The SPEAKER pro tempore. Is there In 1960 land was provided to Iosco by the United States when the property was objection to the request of the gen- County for the construction of an air- conveyed to the County of Iosco, Michigan, in 1960 pursuant to a deed recorded at Liber tleman from Colorado? port. This land was provided through 144, beginning page 58, in the land records of There was no objection. the Secretary of Agriculture under the the County. f authority of section 16 of the Federal (b) DESCRIPTION OF PROPERTY.—The parcel Airport Act of 1946, and in conformity of real property referred to in subsection (a) RELEASE OF REVERSIONARY IN- with Executive Order 10536 of June 9, consists of 1.92 acres in the County of Iosco, TEREST HELD BY UNITED 1954. Michigan, and is described as follows: 1 1 STATES IN CERTAIN PROPERTY Using survey lines that had been That part of the N.W. ⁄4 of the S.E. ⁄4 of Section 11, T.22 N.R. 8 East, Baldwin Town- IN THE COUNTY OF IOSCO, drawn at the time, one of my constitu- MICHIGAN ship, Iosco County, Michigan described as ents, Mr. Otto Peppel, constructed a follows: Commencing at the Center of said Mr. ALLARD. Mr. Speaker, I call up cabin on land based upon the old sur- Section 11, thence South 89 degrees, 15′ 41″ the bill (H.R. 2670) to provide for the vey that he believed to be his own. A East, along the East-West 1⁄4 Line of said release of the reversionary interest conflict in the lines of occupation with Section 11, 102.0 feet, thence South 00 degrees held by the United States in certain the legal boundary lines was discovered 08′ 07″ East, along an existing fence line, property located in the county of Iosco, in a 1976 survey performed for airport 972.56 feet, thence North 89 degrees 07′ 13″ W. 1 MI, and I ask unanimous consent for expansion, showing that 1.9 acres that 69.70 feet to a point in the North-South ⁄4 Line, thence North 02 degrees 02′ 12″ West, its immediate consideration in the Mr. Peppel believed to be his were in along said North-South 1⁄4 Line, 973.42 feet to House. fact the airport’s. Efforts to eliminate the Point of Beginning. The Clerk read the title of the bill. the title conflict have been going on (c) ADDITIONAL TERMS.—The Secretary The SPEAKER pro tempore. Is these since that time, culminating in the re- may require such terms or conditions in con- objection to the request of the gen- quest to me to introduce legislation to nection with the release under this section tleman from Colorado? allow for the dismissal of the reverter as the Secretary considers appropriate to Mr. STENHOLM. Reserving the right clause in this property. protect the interests of the United States. to object, Mr. Speaker, I will not ob- (d) INSTRUMENT OF RELEASE.—The Sec- Local authorities and Mr. Peppel retary shall execute and file in the appro- ject, but yield to my colleague, the have agreed to exchange a like amount priate office of offices a deed of release, gentleman from Colorado [Mr. AL- of property so that the title can be amended deed, or other appropriate instru- LARD], for an explanation of the bill. cleared. However, given that the land ment effectuating the release of the rever- Mr. ALLARD. Mr. Speaker, I thank was given to the county by the Sec- sionary interest under this section. the gentleman for yielding to me. retary of Agriculture for public pur- COMMITTEE AMENDMENT IN THE NATURE OF A Mr. Speaker, H.R. 2670, sponsored by poses, a reverter clause exists that SUBSTITUTE Congressman JAMES BARCIA, provides must be quieted in order to clear the The SPEAKER pro tempore. The for the release of a reversionary inter- title. Clerk will report the committee est held by the Forest Service in 1.9 In consultation with local staff of the amendment in the nature of a sub- acres of land in Iosco County, MI. The U.S. Forest Service, this bill was draft- stitute. land belongs to the local airport but, ed to allow for the clearance of this The Clerk read as follows: due to a survey error, has been in pri- title. In further consultation with the Committee amendment is the nature of a vate use. Authorities have agreed with Department of Agriculture and the substitute: Strike out all after the enacting the squatter to swap the property House Agriculture Committee, the bill clause and insert: being used in exchange for another par- was amended with the agreement of all SECTION 1. RELEASE OF REVERSIONARY INTER- EST REGARDING CERTAIN PROP- cel of equal value. But, the reversion- parties to provide that the reversion- ERTY IN IOSCO COUNTY, MICHIGAN. ary interest on the 1.9 acres clouds the ary interest of the United States is not (a) RELEASE REQUIRED.—The Secretary of title and prevents the exchange. This lost, but rather is restored on another Agriculture shall release the reversionary in- reversionary interest says that when piece of property of equal value. terest of the United States in the parcel of August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9775 real property described in subsection (b), Mr. STENHOLM. Reserving the right SECTION 1. BOUNDARY ADJUSTMENT, DEVILS which was retained by the United States to object, Mr. Speaker, I will not ob- BACKBONE WILDERNESS, MARK TWAIN NATIONAL FOREST, MIS- when the property was conveyed to the ject, but I yield to my colleague, the County of Iosco, Michigan, in 1960 pursuant SOURI. gentleman from Colorado [Mr. AL- The boundary of the Devils Backbone Wil- to a deed recorded at Liber 144, beginning derness established by section 201(d) of Pub- page 58, in the lands records of the County. LARD], for an explanation of the bill. lic Law 96–560 (16 U.S.C. 1132 note) in the (b) DESCRIPTION OF PROPERTY.—The parcel Mr. ALLARD. Mr. Speaker, I thank of real property referred to in subsection (a) the gentleman from Texas for yielding Mark Twain National Forest, Missouri, is hereby modified to exclude from the area en- consists of 1.92 acres in the County of Iosco, to me. Michigan, and is described as follows: compassed by the Devils Backbone Wilder- Mr. Speaker, H.R. 3464, sponsored by ness a parcel of real property consisting of That part of the N.W. 1⁄4 of the S.E. 1⁄4 of Congressman MEL HANCOCK, provides Section 11, T.22 N.R. 8 East., Baldwin Town- approximately two acres in Ozark County, ship, Iosco County, Michigan described as for a slight adjustment removing 2 Missouri, and containing a garage, well, follows: Commencing at the Center of said acres from Devil’s Backbone Wilder- mailbox, driveway, and other improvements, Section 11, thence South 89 degrees, 15′ 41′′ ness area within the Mark Twain Na- as depicted on a map entitled ‘‘Devils Back- bone Wilderness Boundary Modification’’, East, along the East-West 1⁄4 Line of said tional Forest. This is necessary to Section 11, 102.0 feet, thence South 00 degrees allow for a land exchange between the dated June 1996. The map shall be retained 08′ 07′′ East, along an existing fence line, with other Forest Service maps and legal de- Forest Service and a family which in- scriptions regarding the Devils Backbone 972.56 feet, thence North 89 degrees 07′ 13′′ W. advertently made improvements on a 1 Wilderness and shall be made available for 69.70 feet to a point in the North-South ⁄4 parcel of Forest Service/Wilderness Line, thence North 02 degrees 02′ 12′′ West, public inspection as provided in section 202 land. Once removed from Wilderness of Public Law 96–560 (94 Stat. 3274). along said North-South 1⁄4 Line, 973.42 feet to the Point of Beginning. designation, the Small Tracts Act will Mr. ALLARD (during the reading). (c) ADDITIONAL TERMS.—The Secretary permit an administrative exchange of Mr. Speaker, I ask unanimous consent may require such terms or conditions in con- land. that the amendment be considered as nection with the release under this section This bill was approved by a voice read and printed in the RECORD. as the Secretary considers appropriate to vote in both the subcommittee and full The SPEAKER pro tempore. Is there protect the interests of the United States. committee, and the Department of Ag- objection to the request of the gen- (d) INSTRUMENT OF RELEASE.—The Sec- retary shall execute and file in the appro- riculture has recommended its ap- tleman from Colorado? priate office of offices a deed of release, proval. There was no objection. amended deed, or other appropriate instru- Mr. STENHOLM. Further reserving The committee amendment in the ment effectuating the release of the rever- the right to object, Mr. Speaker, I nature of a substitute was agreed to. sionary interest under this section. thank my colleague for his expla- The bill was ordered to be engrossed Mr. ALLARD (during the reading). nation. and read a third time, was read the Mr. Speaker, I ask unanimous consent An amendment adopted by the com- third time, and passed, and a motion to that the committee amendment in the mittee will be offered to incorporate a reconsider was laid on the table. nature of a substitute be considered as technical change in the bill rec- f read and printed in the RECORD. ommended by the Forest Service. GENERAL LEAVE The SPEAKER pro tempore. Is there Mr. Speaker, I have no objection to Mr. ALLARD. Mr. Speaker, I ask objection to the request of the gen- the bill as amended by the committee, unanimous consent that all Members tleman from Colorado? and I withdraw my reservation of ob- There was no objection. may have 5 legislative days within jection. which to revise and extend their re- The committee amendment in the The SPEAKER pro tempore. Is there nature of a substitute was agreed to. marks on H.R. 3464. objection to the request of the gen- The SPEAKER pro tempore. Is there The bill was ordered to be engrossed tleman from Colorado? and read a third time, was read the objection to the request of the gen- There was no objection. third time, and passed, and a motion to tleman from Colorado? The Clerk read the bill, as follows: There was no objection. reconsider was laid on the table. f f H.R. 3464 Be it enacted by the Senate and House of Rep- WAIVING REQUIREMENT OF GENERAL LEAVE resentatives of the United States of America in CLAUSE 4(b) OF RULE XI WITH Mr. ALLARD. Mr. Speaker, I ask Congress assembled, RESPECT TO SAME DAY CONSID- unanimous consent that all Members SECTION 1. BOUNDARY ADJUSTMENT, DEVILS ERATION OF A CERTAIN RESO- may have 5 legislative days within BACKBONE WILDERNESS, MARK TWAIN NATIONAL FOREST, MIS- LUTION which to revise and extend their re- SOURI Mr. GOSS. Mr. Speaker, by direction marks on H.R. 2670, the bill just consid- Using the authority provided in section 202 of the Committee on Rules, I call up ered. of Public Law 96–560 (94 Stat. 3274) regarding House Resolution 500 and ask for its The SPEAKER pro tempore. Is there the correction of clerical errors in the maps immediate consideration. objection to the request of the gen- and legal descriptions of the Devils Back- The Clerk read the resolution, as fol- bone Wilderness established by section 201(d) tleman from Colorado? lows: There was no objection. of such Act (16 U.S.C. 1132 note), the Sec- H. RES. 500 f retary of Agriculture shall adjust the exterior boundary of the Devils Backbone Wilder- Resolved, That the requirement of clause MAKING MINOR ADJUSTMENT IN ness in the Mark Twain National Forest, 4(b) of rule XI for a two-thirds vote to con- EXTERIOR BOUNDARY OF DEV- Missouri, to exclude a parcel of real property sider a report from the Committee on Rules IL’S BACKBONE WILDERNESS IN that consists of approximately a quarter of on the same day it is presented to the House MARK TWAIN NATIONAL FOR- an acre in Douglas County, Missouri, con- is waived with respect to a resolution retains a garage, well, mailbox, driveway, and ported before August 2, 1996, providing for EST, MO. other improvements, and was inadvertently consideration or disposition of a conference Mr. ALLARD. Mr. Speaker, I call up removed from administration as National report to accompany the bill (H.R. 3103) to the bill (H.R. 3464) to make a minor ad- Forest System land and included within the amend the Internal Revenue Code of 1986 to justment in the exterior boundary of wilderness area. improve portability and continuity of health insurance coverage in the group and individ- the Devil’s Backbone Wilderness in the COMMITTEE AMENDMENT IN THE NATURE OF A SUBSTITUTE ual markets, to combat waste, fraud, and Mark Twain National Forest, MO, to abuse in health insurance and health care de- exclude a small parcel of land contain- The SPEAKER pro tempore. The livery, to promote the use of medical savings ing improvements, and I ask unani- Clerk will report the committee accounts, to improve access to long-term mous consent for its immediate consid- amendment in the nature of a sub- services and coverage, to simplify the admin- eration in the House. stitute. istration of health insurance, and for other The Clerk read the title of the bill. The Clerk read as follows: purposes. The SPEAKER pro tempore. Is there Committee amendment in the nature of a The SPEAKER pro tempore. The gen- objection to the request of the gen- substitute: strike out all after the enacting tleman from Florida [Mr. GOSS] is rec- tleman from Colorado? clause and insert: ognized for 1 hour. H9776 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Mr. GOSS. For purposes of debate less Americans. This rule allows that ing which I yield myself such time as I only, Mr. Speaker, I yield the cus- critical discussion to proceed. may consume. During consideration of tomary 30 minutes to the distinguished Mr. Speaker, I urge my colleagues to this resolution, all time yielded is for gentleman from California [Mr. BEIL- support this rule, and I reserve the bal- the purposes of debate only. ENSON], pending which I yield myself ance of my time. Mr. Speaker, House Resolution 502 is such time as I may consume. During Mr. BEILENSON. Mr. Speaker, I a standard rule providing for consider- consideration of this resolution, all yield myself such time as I may ation of a conference report. It waives time yielded is for purposes of debate consume. all points of order and allows for 1 hour only. Mr. Speaker, this rule waives the of general debate and provides that the (Mr. GOSS asked and was given per- two-thirds’ vote requirement, as we conference report shall be considered mission to revise and extend his re- have heard, for the same-day consider- as read. marks and include extraneous mate- ation of the rule on the health care But that is where the standard na- rial.) conference report. The rule is nec- ture of this discussion ends—because Mr. GOSS. Mr. Speaker, House Reso- essary because the conference report what we are about to do is anything lution 500 is a straightforward expe- was not available yesterday when the but standard. This is truly a red letter dited procedures rule—agreed to by the House completed legislative business. day, not just for this Congress, but for minority members of our Rules Com- the American people. With this con- b mittee—designed to allow for prompt 1715 ference report we have proven that consideration later today of the con- This is not obviously the best way to meaningful health care reform is ference report on H.R. 3103, the Health consider important legislation. Con- achievable, even in such a politically Insurance Portability and Accountabil- ference reports should lay over for a charged climate as this. This agree- ity Act of 1996. few days, certainly two or three if pos- ment represents a reasoned, common- This rule waives the requirement of sible so that people can read them and sense approach to the problems affect- clause 4(b) of Rule XI regarding same- understand what they are voting on, ing millions of working Americans. It day consideration of a resolution re- but we do, of course, understand the offers a stark contrast to the extreme ported from the Committee on Rules. need for this kind of rule in the rush efforts of the past Congress—which That requirement, which provides that toward starting the August District were largely highly bureaucratic and two-thirds of the House must agree to Work Period. big government solutions in search of a such a resolution, is generally observed Mr. Speaker, we have no objections problem. In this bill we take respon- to provide Members time to digest the to this rule and urge Members’ support sible steps to make health coverage legislation under consideration. I share for it. more affordable and accessible for the interest of our minority in ensur- Mr. Speaker, I yield back the balance working Americans. While this legisla- ing that we do not waive that require- of my time. tion has been labeled ‘‘incremental’’, ment often—or lightly. Mr. GOSS. Mr. Speaker, I have no re- its impact on real Americans is pro- However, in this case, we are under quests for time, I yield back the bal- found. No longer will an ambitious serious time constraints to complete ance of my time, and I move the pre- worker be stuck in a dead-end job be- our work on an extremely important vious question on the resolution. cause of concerns about retaining measure, which has had significant de- The previous question was ordered. health coverage for a sick child or bate and public airing over the many The resolution was agreed to. spouse. The self-employed entre- months it has been under consideration A motion to reconsider was laid on preneur, who could not afford the high in both Houses of Congress and the the table. cost of health insurance before, will be conference committee. In fact, every f able to deduct 80 percent of health care major portion of this bill, every pains- costs. These are real people that will taking step in the negotiation has, I WAIVING POINTS OF ORDER directly benefit from this legislation. believe, been thoroughly reported by AGAINST CONFERENCE REPORT Of course, given the fact that it was the media, given the enormous public ON H.R. 3103, HEALTH INSURANCE born of an excruciatingly painful nego- interest in this subject. I think Mem- PORTABILITY AND ACCOUNT- tiation and required compromises from bers should agree that, since there is fi- ABILITY ACT OF 1996 all sides, this package will not be de- nally bipartisan agreement about the Mr. GOSS. Mr. Speaker, by direction scribed as perfect by anyone. For in- provisions of this bill, we should not of the Committee on Rules, I call up stance, I am disappointed that medical delay in approving it and getting it House Resolution 502 and ask for its savings accounts will only be available onto the President’s desk for his signa- immediate consideration. to a small number of working Ameri- ture. The Clerk read the resolution, as fol- cans. This innovative alternative to Mr. Speaker, last night a milestone lows: traditional insurance—which has sub- was achieved on behalf of the American H. RES 502 stantial bipartisan support—was un- people. An agreement was reached on fairly demonized and demagogued by a Resolved, That upon adoption of this reso- legislation to improve the availability lution it shall be in order to consider the handful of opponents. Those who deride and portability of health care insur- conference report to accompany the bill MSA’s do so because they directly con- ance. This legislation resolves prob- (H.R. 3103) to amend the Internal Revenue flict with the liberal wing goal of a lems of job-lock, denial of coverage, Code of 1986 to improve portability and con- government-run and government-man- lack of choice, fraud and abuse—ad- tinuity of health insurance coverage in the aged health care system. While MSA’s dressing the fundamental concerns of group and individual markets, to combat critics seem to believe in an even more millions of Americans. We struggled waste, fraud, and abuse in health insurance expansive Federal bureaucracy than we for many, many months with this bill— and health care delivery, to promote the use already have making health care deci- of medical savings accounts, to improve ac- and at times it seemed like some were cess to long-term care services and coverage, sions for individuals, MSA supporters willing to risk never getting it done in to simplify the administration of health in- believe in the ability of Americans to order to make political points. That surance, and for other purposes. All points of make prudent health care choices for would have been a tragedy for all of us. order against the conference report and themselves. But in the end, the deafening call from against its consideration are waived. The Finally, this legislation attacks the people we represent to tackle the conference report shall be considered as fraud and abuse by increasing the pen- most obvious problems with health in- read. alties on those who knowingly cheat surance availability and accountability The SPEAKER pro tempore (Mr. the system. If there is one criticism my was heeded. NEY). The gentleman from Florida [Mr. constituents have, it is that adminis- Mr. Speaker, during the upcoming GOSS] is recognized for 1 hour. tration has not adequately addressed debate members will discuss the details Mr. GOSS. Mr. Speaker, for the pur- the billions of dollars in waste and of the agreement and explain how it poses of debate only, I yield the cus- abuse in our health care system. This will expand health coverage, broaden tomary 30 minutes to the gentleman Congress has listened and we have choice, and reduce anxiety for count- from California [Mr. BEILENSON], pend- acted. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9777 Mr. Speaker, it is time to stop the regret that we know so little about the In addition to the comprehensive delay. This legislation has already been provision. The inability to have a con- welfare bill, with the passage of this held up too long by political shenani- ference report available for 3 or 4 days rule the House will take up the health gans—enough is enough. This is the in fact does work against our best in- insurance conference report. This con- commonsense legislation that Ameri- terests in the long run, as this special ference agreement is a bipartisan effort cans have been asking for—let’s give it language proves. which the President has indicated he to them—today. I urge support for this All in all, Mr. Speaker, we support will also sign. rule and the bill. the modest but useful health insurance I might point out that by focusing Mr. Speaker, I reserve the balance of reforms in the bill before us. Those of our efforts on several limited aspects of my time. us who support health care reform that health insurance which the public is Mr. BEILENSON. Mr. Speaker, I will ensure all Americans access to af- very interested in, this conference re- thank the gentleman from Florida [Mr. fordable health care wished that we port will make it through the legisla- GOSS] for yielding me the customary could do more. But we know that was tive process. These reforms were not half-hour of debate time, and I yield impossible this year, despite the con- made by a secret White House task myself such time as I may consume. tinued skyrocketing cost of medical force, as was attempted in the 103d Mr. Speaker, we support the rule care and the devastating effect those Congress that went down in flames. that provides for the consideration of costs have had and will continue to Yet the reforms contained in this piece the conference report on H.R. 3103, the have on the Federal budget. of legislation answer the primary con- health insurance reform bill. As most We hope that this is just a first step, cerns of the American people with our Members know, this is a modest at- and that the Congress will start tend- system as it stands today. tempt to bring about some basic need- ing to the needs of the uninsured and One of its most important provisions ed changes in our system of health in- underinsured in our society in the very is portability. This provision will improve the availability and the port- surance. near future. Virtually everyone agrees that we But because of the groundwork that ability of health insurance for Amer- need to increase the portability of has been done this year, Congress will, ican workers. Portability will allow a worker to move from one job to an- health insurance. Workers who change I hope, be encouraged to return to the other, and I think we have to refine or lose their jobs should not be denied issue next year with a better under- this later on, without the burden of health care coverage. Nor should indi- standing of how we might extend health care coverage and do a better worrying about health insurance. viduals be denied health care insurance Just as important, Mr. Speaker, the because of preexisting conditions. To job of controlling health care costs. Mr. Speaker, as I stated earlier, we bill requires insurance companies to the degree that this legislation accom- cover preexisting conditions when peo- plishes those incremental but impor- have no objections at all. We do in fact support the rule for this conference re- ple are forced to change jobs, and that tant reforms, we strongly support it. is one of the flaws in the current medi- But we are troubled by some other port, although many of us remain concerned about a number of provisions in cal care delivery system. provisions of the conference report, and In addition, the conference report I just want to take a moment, Mr. the agreement itself. We shall likely have an opportunity to vote to send it contains medical savings accounts. Speaker, to point them out. These accounts are an innovation Many of us are concerned about the back to conference to deal with the important issue of mental health parity which will increase flexibility for em- provisions setting up medical savings ployees of small businesses in handling accounts, even though the original and the special language that was included for the benefit of one particular their health insurance. House language has, we believe, been In the United States we do have the pharmaceutical company. For now, we greatly improved by the conferees. best medical care delivery system in urge our colleagues to approve the rule Still, we are approving a tax subsidy the entire world, and we want to keep so that we can proceed with the debate for plans that will appeal to the it that way. Just go to any of the hos- on the conference report for H.R. 3103. wealthiest and healthiest in our soci- Mr. Speaker, I reserve the balance of pitals. I just spent a stay at Leahy Clinic over in Boston. In that hospital, ety, and by taking the healthiest peo- my time. ple out of insurance pools, the new Mr. GOSS. Mr. Speaker, I am obliged in that clinic, there were people from MSAs could cause higher premiums for for the gentleman’s support of the rule, all over the world that came here be- those remaining in traditional insur- and I share his optimism that we are cause we do have this great medical ance plans. Fortunately, the con- getting on with health care. To share care delivery system. We do not want ference agreement limits the number in that optimism, I yield such time as to spoil that. But this system is in need of some re- of those plans that can be sold and re- he may consume to the distinguished form. The conference report provides quires the Congress to revisit that gentleman from New York [Mr. SOLO- this country with the necessary re- issue in the near future. MON], the chairman of the Committee We are also concerned about some of form, I think, to give us what we need. on Rules. This conference report is an accom- the anti-fraud provisions in the agree- Mr. SOLOMON. I thank the gen- ment, including one that would require plishment which has taken a tremen- tleman for yielding me the time. dous amount of time and hard work. I the Federal Government to provide ad- Mr. Speaker, in supporting this vital want to commend all of the conferees. visory opinions on the legality of cer- piece of legislation, I just want to pay It truly is a bipartisan piece of legisla- tain actions. When the House consid- tribute to the hard work done by tion. ered this particular provision earlier in Chairman BLILEY and certainly DENNY I might point out it was even signed the year, the Department of Justice ex- HASTERT, Chairman ARCHER, BILL by Senator TED KENNEDY, who had pressed opposition to it on the grounds THOMAS, Mr. FAWELL, including my been blocking this legislation for a that it might eviscerate important Rules Committee member, Mr. GOSS, long time. So now that we have him on anti-kickback laws. who helped us mold together the 3 bills board, I think we can all pass this bill The legislation also includes anti-pri- that originated this legislation in the unanimously. I urge strong support of vacy provisions that have caused some first place. it. alarm. We need to be concerned about It truly is a historic week here in Mr. BEILENSON. Mr. Speaker, I the increasing erosion of privacy con- this Congress. It is amazing what this yield 3 minutes to the distinguished cerning personal medical matters, and body can do when we have the coopera- gentleman from California [Mr. we hope that this provision will receive tion of the Senate and, yes, even the STARK], the ranking subcommittee the necessary oversight from the Con- President. member. gress and elsewhere to keep those fears Yesterday in the House we passed (Mr. STARK asked and was given from becoming a reality. with enormous bipartisan support a permission to revise and extend his re- As we will hear from other Members, truly great, I think, welfare reform marks.) the bill also includes a provision that bill, by a vote of 328 to only 101 nega- Mr. STARK. Mr. Speaker, the Ken- was added by the conferees for one par- tive votes, which the President has in- nedy-Kassebaum bill is a modest im- ticular pharmaceutical company. We dicated that he will sign. provement. The elephants mated and H9778 CONGRESSIONAL RECORD — HOUSE August 1, 1996 begat a mouse. It could have been a legislation. Finally, we will give work- improvements, but improvements nev- great bill, but, in effect, it snatched ing families the peace of mind that ertheless, in the health insurance pro- mediocrity from the jaws of greatness. they will not, they will not lose their tections available to Americans. It would have been a much greater health care coverage when they change Today, we finally provide that people bill if it had avoided MSA’s, if it had jobs or leave employment. who lose their insurance because they guaranteed group health insurance Five years ago, I introduced the first move or lose their job or their em- policies to firms of all sizes, not just to insurance portability proposal. It was a ployer stops providing coverage, that those with under 50 employees. It could radical concept. Last Congress, we de- those people will be assured that they have been a great bill if it had truly ad- bated far more comprehensive health have at least access to health insur- dressed medical privacy issues. There care reform legislation that included a ance coverage and will not have to face are some real dangers in the privacy very detailed, thoroughly worked out a waiting period for any preexisting being opened up by a national data provision guaranteeing portability, as condition. That is good and long over- computer system. And it holds terrible this bill does. Today, we finally com- due. dangers for privacies of our citizens plete legislative work accomplishing Unfortunately, this bill could have and their medical records being avail- the commonsense goal that I and so been and should have been signifi- able to insurance companies across the many others have been pursuing for 5 cantly better. We have failed to seize country. years. It took Republican leadership. the opportunity this bill presented to It would have been a great bill if it Under this bill, people who play by take long overdue and much needed had not been loaded up with secret the rules and have health insurance steps to assure parity of treatment of last-minute multimillion-dollar breaks coverage are guaranteed the right to mental health benefits with other for one particular pharmaceutical com- keep coverage, even if they develop a health benefits, and that is inexcus- pany. And indeed it would have been a serious but permanent medical condi- able. memorial bill if it had provided some tion, and even if they change employ- We had the opportunity in this con- modest health insurance protections ers or work for a small employer and ference to agree to the bipartisan Do- which would cost relatively nothing. lose their coverage for any reason. But menici-Wellstone amendment, adopted Senators DOMENICI and WELLSTONE with today’s technology in genetic overwhelmingly in the Senate, to end were willing to offer a most inexpen- testing, an individual does not even the discriminatory treatment of men- sive proposal to limit caps on mental have to be sick to be denied coverage. tal health conditions in insurance health services to the same kind of An important amendment I offered plans. This provision had broad and caps that may exist on physical health. during committee consideration will significant support in the House with It is really a slap in the face to those protect people who know they carry a more than 100 Senators urging us to families who must suffer mental health predisposition for breast cancer or adopt it. It had significant support and pay for it out of their own pocket. Huntington’s disease from discrimina- among the conferees, yet the Repub- For these reasons, I am inclined to tion by their health insurance carrier lican Members who controlled the con- support a motion to recommit the bill or future plans. ference would not allow us to meet to with instructions to get rid of that Finally, I am very pleased this bill is discuss this provision. They lacked the drug company welfare loophole—we offering very real solutions to families courage to let the public see them de- have not really ended all welfare as we worried about the catastrophic costs of bate and vote on this issue. know it, there is still welfare for big long-term care. I have long proposed The losers are the American people. contributors to the Republican Party— tax deductions for the purchase of It is every person and every family who and a return to work with the Senate long-term care insurance, along with has known the tragedy of struggling to develop a reasonable mental health my colleague, the gentlewoman from with mental illness and having no ade- benefit with modest if no cost to em- Connecticut, BARBARA KENNELLY, so quate insurance coverage for the serv- ployers or employees. that fewer elderly Americans will need ices they needed to treat it. There is no rush, by the way. None of to spend themselves into poverty in There is simply no place in this coun- this goes into effect until the middle of order to get coverage for nursing home try for discrimination against mental 1997 for anybody. So anybody who care. health coverage in this day and age. thinks they are going to quit their job The tax incentive of premium de- This House should demand that the now cannot possibly think about it ductibility for policies covering long- conference return to the drawing until next spring. Another week, an- term care at home or in a nursing boards and bring back a conference re- other day might produce decent legis- home will potentially save billions of turn which includes a mental health lation without a risk to our privacy, dollars in the fastest growing part of parity amendment. without an affront to the ethic of the the Medicaid program and better serve The irony here is that while the ma- House and the Senate, and, by includ- seniors. jority would not let us consider adopt- ing mental health, a serious disability Moreover, this bill requires policies ing protections for mental health bene- for many Americans, in this bill. to meet consumer protections, to profits, they had no compunctions at all I would hope that we could have fol- tect seniors’ investments in their poli- about adding a multimillion-dollar lowed a process. None of the Democrats cies; another initiative of mine and a giveaway for their friends in the drug in the House signed this conference re- number of members of the Subcommit- industry. port. tee on Health. In the dark of night they added a patent extension for a drug called Lodine. b Mr. Speaker, this is truly a landmark 1730 day for those of us who have spend There is no reason to do this, except to None of the Democrats in the House years to bring these common sense re- help one drug company make more met in any conference. This was a forms to us, and I urge my colleagues money. And how will they make more closed-door, late at night secret session to support this bill. money? By having people pay a higher between Republicans with Republicans, Mr. BEILENSON. Mr. Speaker, I price for that drug by denying a com- and the effort, as a result, is mediocre. yield 7 minutes to the distinguished petitor to come on the market. I think we could have improved it had gentleman from California [Mr. WAX- It demonstrates again that no matter we been allowed to participate. MAN], a member of the Subcommittee how important a bill is for ordinary Mr. GOSS. Mr. Speaker, I yield 2 on Health and Environment of the people, the Republican majority cannot minutes to the distinguished gentle- Committee on Commerce. help seeing it as yet another oppor- woman from Connecticut [Mrs. JOHN- Mr. WAXMAN. Mr. Speaker, I thank tunity to take care of a special inter- SON], the chairwoman of the Sub- the gentleman for yielding me this est. committee on Oversight of the Com- time. So what the Republicans did was mittee on Ways and Means. Today, thanks to the tenacity and they snuck this provision in without Mrs. JOHNSON of Connecticut. Mr. moderation of Senator KENNEDY and anyone knowing about it. It was not in Speaker, it gives me great pleasure to Senator KASSEBAUM, this House has be- the House bill. It was not in the Senate rise in support of this very important fore it legislation to make some small bill. Ordinarily, that would be beyond August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9779 the scope of the conference, and a point Mr. FAWELL. Mr. Speaker, I rise in gentleman from New Jersey [Mr. of order could be made against it. But support of this rule and of the con- PALLONE]. this rule waives that point of order. So ference report on the health insurance Mr. PALLONE. Mr. Speaker, the when we vote to adopt a rule to con- reform. Democrats must declare victory today. sider this bill, many Members might As one who has been involved in mov- The Democrats can take credit for the not even realize that they are protecting this legislation from the beginning, health insurance reform legislation ing the special interest giveaway. This I know that this truly is a remarkable that we will be shortly voting on. is exactly what the American people achievement. Thanks to President Clinton’s leader- are so sick of. I would like to especially give special ship, Senator KENNEDY’s perseverance I also regret that this bill does so lit- mention to my colleague and neighbor, and a democratic commitment to tle to help people with the problems the gentleman from Illinois, Congress- health insurance reform, millions of they have in securing health care cov- man DENNIS HASTERT, who has headed Americans will no longer have to worry erage. It is important to assure access up the Speaker’s task force and has about losing their health care in be- to insurance for people who have had had that opportunity of bringing every- tween jobs. coverage and lose it. But accessibility body together to put this legislation in In addition to other much needed re- without affordability is a small step, final form. He has done, I think, a forms, many of the poison pill special indeed. great job. interest provisions that the Republican This reform will prove to be a cruel As is often the case, the Chicago leadership insisted on for the last sev- hoax if people find they cannot afford Tribune hit the nail right on the head eral months were finally dropped. the coverage that they gain access to. in a recent editorial about this legisla- I believe that President Clinton de- Of the 40 million Americans who have tion. It is entitled ‘‘Two Cheers for serves much credit here. He brought no health insurance coverage at all, Health Reform.’’ The first cheer is for health insurance to the forefront once what help will they get with this bill? finally addressing the problem many again with his January State of the Almost none at all. Their needs are Americans who have preexisting medi- Union address and pushed Republican unaddressed. They cannot afford insur- cal conditions face in maintaining leaders from inaction to moving health health insurance coverage when they ance. They do not have it at their jobs. insurance legislation forwards. They go without health care coverage, change or lose their job. The second In April, many of us remember the cheer is for taking the first step toward and they will still have no health care Senate passed Senator KENNEDY’s legis- allowing medical savings accounts, or coverage. lation overwhelmingly, 100 to 0. Unfor- They will still have no health care the MSA’s. The missing third cheer is for the tunately, Speaker GINGRICH and the coverage when all is said and done be- provision that I sponsored that passed Republican leaders in the House were cause it will not be available for them the House but unfortunately did not more interested in placating the spe- even to buy because they did not have make it into the final bill. This provi- cial interests than passing meaningful it before. sion was the only one that would, from reform. I hope my colleagues do not see the my viewpoint, make significant strides Day after day on this floor we heard adoption of this bill as a reason to brag in expanding health insurance coverage about medical savings accounts, a spe- about their achievements. We should to the 40 million Americans who are cial interest provision that I believe be humbled by the magnitude of what uninsured, to which the previous would increase premiums for many we did not do. For in the end there is speaker made some reference. Americans and make health insurance only a small downpayment that we get This reform would have allowed unaffordable. As a result, health insur- out of this legislation on the kind of small businesses to band together ance reform, for a while, appeared action that the American people have a under the auspices of national trade as- doomed. right to expect and receive from the sociations, whether it is the NFIB, the After increasing Democrat pressure people they elected to this House. Farm Bureau, the Restaurant Associa- and Presidential leadership, the Repub- Mr. Speaker, I think we should give tion or what have you, and self-insure licans finally caved in to our demands credit for moving at least to this ex- so they could gain all of the cost ad- and largely removed all the controver- tent to President Clinton, for having vantages and economies of scale that sial provisions. raised the fact that people do not have large corporations and their employees b 1745 health insurance, even those who have enjoy and take for granted. had a job and want to change it. They In short, this provision would have MSA’s, as the Speaker, knows, will are afraid to leave that job for fear made health insurance instantly af- be limited to a pilot program that I health insurance will no longer be pro- fordable to hundreds of thousands of hope will not have a negative impact. vided to them. small businesses that cannot now af- Mr. Speaker, I have to say the Demo- To the extent that this bill will cor- ford it, and to millions, yes, to millions crats have long been advocates of rect that problem, we should all vote of their employees and their families health care for all Americans, and this for it and be happy about it. To the ex- who today make up the bulk of the un- legislation moves us one step closer to tent that after this bill is adopted peo- insured population who are employed that reality. I realize that it is only a ple will still be uninsured, because in- by small businesses who cannot, be- small step that we are taking today surance was not offered to them or because of lack of economies of scale, be and, as the gentleman from California, cause they could not afford it, it is a able to afford health care. [Mr. WAXMAN] said, we have to point disgrace for America to have all those We made tremendous progress, never- that out. But in a year when Repub- people without the ability to get care theless, in moving this provision along, licans have tried to slash Medicare and when they need it. in spite of the misguided yet withering repeal Medicaid, I am pleased that they Mr. GOSS. Mr. Speaker, I yield my- assault by some of the insurance indus- have come to their senses on at least self such time as I may consume to say try and some State insurance commis- one health care initiative that may that we do not want perfect to get in sioners also. Believe me, we will be benefit as many as 25 million Ameri- the way of good, but we also would like back next year fighting for this reform cans, and I think that in itself is a to achieve perfect health care on this with renewed vigor and even broader major victory for the Democrats today. side of the aisle. support. I predict that our small em- Mr. GOSS. Mr. Speaker, I yield 2 Mr. Speaker, I yield 3 minutes to the ployer pooling provision will pass in minutes to the gentleman from Florida distinguished gentleman from Illinois the next Congress. [Mr. BILIRAKIS], my friend and col- [Mr. FAWELL], the chairman of the Sub- Mr. Speaker, I again enthusiastically league, the chairman of the Sub- committee on Employer-Employee Re- support this health care. What we have committee on Health and Environment lations of the Committee on Economic here, it is good and sound and I think of the Committee on Commerce and an and Educational Opportunities. progressive, and I think it is good for author of this, from which much of the (Mr. FAWELL asked and was given the Nation and I urge its adoption. foundation came from the Rowland- permission to revise and extend his re- Mr. BEILENSON. Mr. Speaker, I Bilirakis bill, and we owe him a great marks.) yield 2 minutes to the distinguished deal of thanks. H9780 CONGRESSIONAL RECORD — HOUSE August 1, 1996 (Mr. BILIRAKIS asked and was given The conference report also contains cludes the provision that you just permission to revise and extend his re- important health care administrative heard about that Congressman SAWYER marks.) simplification provisions. These provi- and I wrote to modernize the way Mr. BILIRAKIS. Mr. Speaker, those sions help address the problems of ex- health care financial transactions are of us who have been fighting for the cess paperwork and substantial admin- conducted, and we have worked for a passage of health reform legislation for istrative costs associated with health number of years in a bipartisan fashion many years are pleased and proud to care. The bill would establish a frame- through a couple of Congresses to see that it finally has arrived and that work for health date elements that achieve this. by the end of this week Congress will would facilitate the coordination of Americans have the most advanced send President Clinton a bipartisan benefits between different systems and health care services in the world large- health reform bill that he will sign into help track fraud and abuse. While ly because of the technological ad- law. many health plans already transmit vances that have been made. It is time During the 103d Congress, then Con- data electronically, the data is non- we make the same technology apply to gressman Rowland and I introduced standard, often incomplete. the way our health care system is run. consensus health reform legislation. The bill would also establish strict The same high-speed electronic net- The Rowland-Bilirakis bill was the security standards for health informa- works that modernized banking can be only true bipartisan bill considered tion because Americans clearly want to applied to our health care system so during the Congress and included make sure that their health care that bills can be filed easier, payments health consensus items for which there records can only be used by the medi- paid faster, and efficiency improved. was broad agreement in Congress. Un- cal professionals that treat them. In addition, the reductions in paper- fortunately, the Members of the House Often we assume that because doctors work and improvement in speed, secu- were not given the opportunity by the take an oath of confidentiality that in rity and efficiency in billing helps get leadership then to vote on any health fact all who touch their records operat one of the biggest problems cur- reform package. ate by the same standards. Clearly rently facing the health care industry: Almost 2 years later, attitudes have they do not. fraud. Today we try to fight fraud with changed dramatically. Today the Administrative simplification is the rooms full of clerks checking bills after House of Representatives will cast a result of a cooperative effort between they are paid, but billions of dollars of historic vote on a health reform pack- public and private sectors and has been fraud simply slips by. Fraud will be age that is similar to the Rowland-Bili- accomplished, at least this segment of easier to fight if every transaction can rakis bill. this bill, in a bicameral and bipartisan be coordinated electronically. Is it perfect? No. Should it include Again, my thanks and congratula- fashion. other needed provisions? Yes. But at The concept arose from a clear need tions to everyone who worked on this least it is a good start by this Con- to address rising health care costs, and project. It has been a model of coopera- gress. tion between the private and public The items in our conference agree- I want to particularly call attention to and thank the efforts of the gentleman sectors and between congressional Re- ment are nothing new. Many of the publicans and Democrats. I am looking from Ohio [Mr. HOBSON], my friend and components, insurance portability, forward to voting for this provision in colleague, who brought an expertise in fraud and abuse reform and administra- the bill and encouraging everyone here health care policy with him from the tive simplification, have all been in- to vote for not only the rule but the Ohio legislature and came to me three cluded in past health bills. These issues bill, this is truly a bipartisan bill. have been discussed in great detail by years ago and suggested that we work Mr. BEILENSON. Mr. Speaker, I Members of both the House and Senate, together, using my experience in large yield 1 minute to the gentlewoman scale information systems. In 1994, our including these vital components es- from New York [Mrs. MALONEY]. sential to any health reform bill. language was part of virtually every (Mrs. MALONEY asked and was given Everyone agrees that people should health care reform effort. Thanks permission to revise and extend her re- not be denied health coverage because largely to that ongoing commitment marks.) they have been sick. Everyone agrees by Congressman HOBSON, we are about Mrs. MALONEY. Mr. Speaker, four that job lock must be unlocked so that to see this important reform become words sum up this health care bill: people can move from job to job with- law. Thank you, Mr. President. President out losing health insurance. Let me comment just briefly, how- Clinton made health care reform a top The conference agreement addresses ever, on the remarks of my friend and priority of his administration. His these and others of our Nation’s most colleague from California, PETE STARK, original bill did not pass, but it cast critical health problems. These are and my friend from Oregon, JIM light and forced voluntary reforms on problems we can solve now, and in MCDERMOTT, who has expressed con- insurance company practices that put doing so, we will improve the lives of cerns similar to Mr. STARK’s in a ‘‘Dear profits ahead of people. millions of working Americans. As Colleague.’’ The President’s focus on health care chairman of the Subcommittee on They have both raised concerns pressured insurance and drug compa- Health and Environment of the Com- about privacy and about Social Secu- nies to voluntarily hold down their ris- mittee on Commerce, I am pleased and rity numbers, and just let me add as an ing costs. Above all, it challenged Con- proud to be a part of this historic and aside that both Congressman HOBSON gress to act. bipartisan agreement. and I over the last three years have de- Over time, this bill will give more Today we make health care in this veloped language that addressed pre- health security to millions of Amer- country both accessible and, just as cisely those concerns, and as we engage ican families. It allows people to important, affordable. in the next Congress in the continuing change jobs or lose jobs and keep their Mr. BEILENSON. Mr. Speaker, I and broader effort to address many of health insurance. It reduces discrimi- yield 3 minutes to the gentleman from the matters that have been begun in nation against people with preexisting Ohio [Mr. SAWYER]. this language today, we offer our com- conditions. But our work is not fin- (Mr. SAWYER asked and was given mitment to continue that effort to ad- ished. We need parity coverage for permission to revise and extend his redress these concerns. mental health and universal coverage, marks.) Mr. GOSS. Mr. Speaker, I yield 2 especially for all children. Mr. SAWYER. Mr. Speaker, I rise in minutes to the distinguished gen- Democrats have fought for years for support of the rule and the conference tleman from Ohio [Mr. HOBSON], who health care reform. We never gave up. report on health insurance reform. The was just referred to by his colleague. The Republicans finally gave in. It is conference report contains modest re- (Mr. HOBSON asked and was given an important step forward. Vote for forms to expand health care coverage. permission to revise and extend his re- this bill. The bill would make health insurance marks.) Mr. GOSS. Mr. Speaker, I yield 2 more portable, as we have heard, and Mr. HOBSON. Mr. Speaker, the final minutes to the gentle judge from Ohio, would limit the ability of insurers to version of the Health Insurance Port- Ms. PRYCE, a distinguished member of exclude care for preexisting conditions. ability and Accountability Act in- our Committee on Rules. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9781 Ms. PRYCE. Mr. Speaker, I thank the downsizes is that his daughter has a erage. These individuals must live in gentleman from Florida [Mr. GOSS] for terminal illness and that he stays constant fear of becoming sick and not yielding me this time and for his tire- awake every single night worried about having the necessary insurance to meet less work on this landmark legislation. what happens if he loses that job, how their medical needs. Mr. Speaker, today marks another will he pay for health insurance for his Lastly, I am particularly pleased historic day in the House as we move daughter? And it has taken us 20 that through our Committee on Com- one step closer to enacting common months, 20 months to help give some merce and working with the gentleman sense health care reform. For years the peace of mind to this construction from Florida [Mr. BILIRAKIS], the chair- American people have asked us to worker in Wallingford, CT. man of the Subcommittee on Health enact meaningful reform, and today Let me tell you this achievement and Environment, we had inserted the Congress has come together in a bipar- would not have been possible were it two words, ‘‘genetic information,’’ in tisan way to break Washington not for the will and the determination the definition of health status agreed gridlock and accomplish this impor- of congressional Democrats. The Re- to in the final package. tant task. publican leadership roadblocked this This will start to ensure that genetic In 1994, the American people soundly much-needed legislation, left the privacy is with the American public rejected the health care reform plan health care security of families hang- and in the medical and insurance in- that put the Federal Government in ing in the balance. The leadership of dustries. Just these two words, ‘‘ge- the driver’s seat, controlling prices, the Congress was more concerned netic information,’’ for the first time benefits, and physician choice. The leg- about special interest campaign con- in the history of this country we have islation we will vote on today offers a tributions than in the progress and the put those in this package. I believe it more practical, even-handed approach security of working American families. will go a long way to enhancing and to reform that leaves American indi- Mr. Speaker, we still have a very making a better piece of legislation. viduals in control, not government bu- long way to go. I was disappointed that Mr. BEILENSON. Mr. Speaker, I reaucrats. the conference dropped the mental yield 2 minutes to the gentleman from I have said all along, through these health parity provision in the bill, and Montana [Mr. WILLIAMS], whose pres- years of the debate on health care, let I have introduced legislation to ence around here will be greatly missed us get on with it. Let us at least fix achieve this needed reform. I am com- next year. what we can all agree upon. And fi- mitted to working in a bipartisan fash- Mr. WILLIAMS. Mr. Speaker, I thank nally, lo and behold, through the hard ion to enact mental health parity. the gentleman for yielding me the work of so many, today we are about to Mr. Speaker, today is a good day, a time. do just that: Portability provisions to great day for working families and, Mr. Speaker, this meager bill, a very relieve job lock and no more, nor more thanks to the pressure from ordinary long time coming, is the symbol of the exclusions because someone is unfortu- citizens in this country, we will make inability of this Congress to even reach nate enough to have a preexisting con- these small and yet important changes obvious compromise in a timely man- dition. in our private health care system. Vote ner. This bill is wildly insufficient. It Both Republicans and Democrats can for the health care reform bill. represents not health care reform but claim victory today. This is truly a bi- congressional retreat from bold legisla- b 1800 partisan effort. This is a happy day for tive reform. our country. Much, much good will Mr. GOSS. Mr. Speaker, I yield 2 This bill is not a bold first step. It is come of this. minutes to the gentleman from Florida a final, sad stumble toward the pre- Mr. Speaker, our vote today on this [Mr. STEARNS], my colleague and tense of health reform. Of course, there conference report is about more than friend, and a member of the Committee are a few good elements in this bill. just reform. It represents a giant step on Commerce. However, the legislation will increase forward in our effort to ensure that as (Mr. STEARNS asked and was given health insurance costs for millions of many Americans as possible will have permission to revise and extend his re- Americans. It does nothing to create access to the most advanced and reli- marks.) comprehensive reform, nothing to enable health care system in the world. Mr. STEARNS. Mr. Speaker, I would sure universal coverage, little to re- Mr. Speaker, I urge my colleagues to say to the gentlewoman from Connecti- strain the inequities caused by the answer the call of the American people cut that their party has had 40 years to American health care insurance indus- for health care reform that ensures accomplish this bill, and yet it took try. them greater access, security and free- our party just 2 short years to get port- Will most of my colleagues vote for dom by supporting this fair rule on the ability of preexisting condition. I have this bill? Of course. Because it is the underlying legislation. to make that point. very best bill the President can get out Mr. BEILENSON. Mr. Speaker, I I rise in strong support of this rule. of a very bad Congress. yield 2 minutes to the gentlewoman This legislation we will vote on today Mr. BEILENSON. Mr. Speaker, I from Connecticut [Ms. DELAURO]. addresses the most fundamental and yield 2 minutes to the gentleman from Ms. DELAURO. Mr. Speaker, this bill important issue that currently pre- West Virginia [Mr. WISE]. is a real victory for hard working vents a large majority of the uninsured Mr. WISE. Mr. Speaker, I, of course, American families, and after 20 months from accessing health care. In his med- will rise in support of this bill. It is a of gridlock and shutdowns I am pleased ical essays Oliver Wendell Holmes said, small bill. It is important to certain that the Republican leadership has fi- the truth is that medicine is as sen- segments of our community, provisions nally relented to getting something sitive to outside influences, political, here that cry out to be done and need done for the American people. It is religious philosophical, imaginative, as to have been done for a long time. about time. The health reform bill well as a barometer to the changes of I also want to talk about what is not makes long overdue changes to our Na- atmospheric pressure. in the bill. What is not in the bill is tion’s health care system. This bill will Having been involved with the debate mental health. I guess I have great free working families from unfair in- in 1993, all of us have been involved, concerns about that because as co- surance company practices that deny and here we are today. Throughout the chair of the mental health working coverage due to a preexisting condition course of this congressional debate, I group, a bipartisan group in Congress, and deny workers the right to keep believe we have battled all the forces there were 116 of us who signed a letter their health insurance when they that Mr. Holmes has talked about. We to the conferees asking that the Senate change jobs. This bill will make a real have prevailed finally and achieved our provisions on parity, that is, that men- difference in the lives of working fami- common goal of providing what the tal health be treated by insurance com- lies struggling to get and to keep American people said they wanted from panies as so-called physical health health care coverage. health care reform. problems, be retained. There is nothing The construction worker in Walling- Passage of this bill will benefit all in this bill for mental health. ford, CT will be helped when he told me Americans, especially the 39 million There is no language concerning par- that his biggest fear if his company who lack any type of health care cov- ity. There is not the language that was H9782 CONGRESSIONAL RECORD — HOUSE August 1, 1996 proposed about raising the lifetime I felt it was really honestly possible without creating huge new bureauc- caps on insurance policies on mental to produce a piece of legislation that racies. In fact, we give more power to health to at least the same level and would take our system which is the individuals to make their own deci- other types of health care policies. best health care system in this country sions when it comes to health insur- There is not even a commission to and make modifications in it that ance. study. would help so many people who do not This week we will have helped re- Yet we have 20 percent of Americans have health insurance get insurance. Is form, both welfare and health care. The at sometime who are going to experi- this a perfect bill? No. But we should debate gets pretty hot sometimes, but ence mental health or substance abuse never make the perfect the enemy of I salute my colleagues on both sides of problems; 30 million Americans will the good. the aisle who have made this a produc- have some kind of problems with men- There are provisions that some of my tive week in Congress. tal health and mental illness, yet only other colleagues have talked about Mr. GOSS. Mr. Speaker, I yield 2 20 percent of those are able to seek that were left out of this bill that need minutes to the distinguished gen- help, only 20 percent of those. to be considered in future legislation. tleman from Georgia [Mr. NORWOOD], a Some say you cannot have mental But let us remember this bill addresses member of both the Committee on health in there because it is a lot dif- portability. It addresses preexisting ill- Commerce and the Committee on Eco- ferent. You do not treat mental health ness exclusions. It addresses problems nomic and Educational Opportunities. the same as physical health. You know of waste, fraud and abuse. It has small Mr. NORWOOD. Mr. Speaker, I de- a broken arm, you can treat that. business deductibility, tax deduction How do you treat low back pain, how tect, as we go into this debate, some allowed for long-term care for our sen- frustration on the other side of the do you treat arthritis, how do you iors. treat migraine headaches, how do you aisle from those who would have fed- This is a good bill. It is accomplish- eralized health care in this country treat hypertension? All of these are ing these things without a Government compensable under regular insurance just 2 years ago or socialized medicine. takeover of the health care. I urge all But, Mr. Speaker, I am going to rise policies but for some reason mental my colleagues to support the rule and health does not factor in there. today in support of this rule and this support the conference report. conference report. While this version of I would also point out that depres- Mr. GOSS. Mr. Speaker, I yield 2 sion alone has a higher morbidity rate H.R. 3103 does not include many of the minutes to the distinguished gen- than heart disease, lung disease and provisions I think that are necessary tleman from Iowa [Mr. GANSKE]. to really increase access to health care, hypertension. So mental health needs Mr. GANSKE. Mr. Speaker, I rise in to be a vital element in this. Yes, this this bill is the best bill we could get in support of the rule and the conference this Congress with this President. is a small area of reform, but mental report. This bill is long overdue. Amer- health needs to be included. I would During this debate, I have been icans have wanted health insurance re- urge all of us to continue focusing to amazed at how political the right thing form for a long time. This bill will help make sure that mental health has the to do can become. Rather than doing make health care more affordable and same priority because mental health is what we need to do, some Members of more available. every bit the same priority as the this Congress delayed consideration of The bill addresses portability. It al- other areas that are so important in this bill for months. I assume they lows the self-employed an increase in this bill. were afraid to cede power from the their health care tax deductibility, and Mr. GOSS. Mr. Speaker, I yield 2 Federal Government to the people. that will help make health insurance minutes to the gentleman from Florida This is unfortunate. much more affordable. It establishes [Mr. WELDON], my friend and colleague medical savings accounts, and that will Mr. Speaker, I am going to continue on the Committee on Economic and to fight for what is right. We need tort Educational Opportunities. help make health insurance more affordable. It provides tax deductions for reform, expanded access to medical Mr. WELDON of Florida. Mr. Speak- savings accounts, small employer pool- er, I thank the gentleman from Florida long-term care expenses, and that will help make health care much more af- ing and other options meant to provide for yielding the time to me. I would access to lower cost health care. like to echo his comment that this is a fordable. The bill cracks down on fraud and This bill does make health care more red letter day. available and affordable for millions of As a practicing physician in the past, abuse, and that will help make health Americans without a government take I have seen firsthand the consequences care more affordable. over of health care. of people not having health insurance Let me go into a few details on the and how they will often let minor ill- fraud and abuse sections. The bill es- I am absolutely amazed at what my nesses go for extended periods of time tablishes a national health care fraud friend, the gentleman from New Jersey, until they become a serious complica- control program to coordinate Federal, Mr. PALLONE said. He said that the tion and ultimately lead to greater State and local efforts to fight fraud. It Democrats need to take credit. Well, costs than what they would have been extends antifraud rules for Medicare they could have had credit just 4 years otherwise. I have also seen the con- and Medicaid to other Federal pro- ago if they had allowed Mr. ROWLAND sequences of people being excluded grams. It requires the Secretary of and the gentleman from Florida, Mr. from health insurance because of a pre- Health and Human Services to provide BILIRAKIS, to produce their bill and existing medical illness and the con- seniors with better explanations of bring it out on this floor. But they sequences of job lock that that can benefits so they can scrutinize their kept that from coming out and these 40 sometimes cause. bills for waste, fraud and abuse. And million Americans could have had this I honestly looked on with horror and the Secretary can provide a reward to advantage 3 or 4 years ago, had they amazement when the Clinton adminis- seniors who have identified those prob- not been so interested in socializing tration put forward their health care lems. It excludes people found guilty of medicine. plan, which essentially constituted a health care fraud felonies from partici- My friend, the gentleman from Cali- major power grab of the Federal Gov- pating in Medicare and other health fornia, Mr. WAXMAN, says that all 40 ernment of a huge sector of our econ- care programs for at least 5 years. million people, not one of them will be omy, a Federal Government that does It creates a new crime for people who helped by this bill. Yet my friend, Mr. not have a track record of running knowingly dispose of their assets to PALLONE, says yes, 25 million of the 40 things efficiently or better. I felt so qualify for Medicaid benefits. It creates million will be helped by this bill be- strongly that it was possible to intro- a stiff civil money penalty for practi- cause he knows this bill will pick up duce reforms that would go a long way tioners who falsely certify that a Medi- small business owners. It will take care to deal with the problems of the high care enrollee meets the test for home of preexisting conditions and many cost of health insurance and the prob- health care services. other people will get insurance. lems of lack of portability of coverage Mr. Speaker, this is a win-win propo- Mr. BEILENSON. Mr. Speaker, I as well as the problem of preexisting sition for the American people. It will yield 3 minutes to the gentleman from illness exclusion. provide expanded health care coverage New Jersey [Mr. ANDREWS]. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9783 (Mr. ANDREWS asked and was given Mr. SHAYS. Mr. Speaker, I salute benefits for America's working families. But permission to revise and extend his re- the gentleman from Illinois, Mr. they will only be benefits to those who already marks.) HASTERT, the gentleman from Califor- are fortunate enough to have access to afford- Mr. ANDREWS. Mr. Speaker, I thank nia Mr. THOMAS, the gentleman from able health insurance. the gentleman from California [Mr. Texas Mr. ARCHER, the gentleman from A recent report by the Department of Labor BEILENSON] for yielding me this time. Virginia Mr. BLILEY, and my colleague on health benefits shows the real challenge He will be missed, his presence, around from Connecticut, Mrs. JOHNSON, on we face as employers are backing off a com- here as well next year. our side of the aisle, and I know there mitment to providing health benefits. The This is a good bill and I rise in sup- are Members on the other side who de- share of full-time workers covered by health port of it and the rule that supports it. serve credit as well because this is a bi- insurance dropped from 96 percent in 1983 to It is a good bill because it works for a partisan effort. 82 percent in 1993. Hopefully, the recent drop number of Americans. But we have I am grateful in a bipartisan effort in health insurance costs to all-time lows will some work left to do for a lot of other we have ensured portability of insur- turn this trend around, but I don't think we can Americans. ance, limited preexisting condition ex- count on it. We must rekindle our commitment This bill says to someone who has clusions, required health insurance to real health care reform that will extend had breast cancer or a triple bypass op- providers that serve small group plans health care coverage to the 37 million people eration, if you lose your job and you to accept every small employer, and I who are left behind. have to look for new coverage, you can- am grateful that we have made health Those of us who have supported the Ken- not be denied that coverage because care more affordable and available by nedy-Kassebaum-Roukema bill from the be- you were so unlucky that you got sick. reducing administrative costs, but I ginning are pleased that the objectionable pro- That is a good thing. I believe there are want to speak to title 2 of the bill, par- visions added in the House bill were elimi- mechanisms in this bill that would ticularly, which attempts to address nated in conference, including the medical make sure that you would be offered the $100 billion of health care fraud. malpractice and MEWA provisions. The Medi- that coverage at about the same rate Both presidents Bush and Clinton cal Savings Account has no place in a bill that everybody else would, and that is a had advocated that we deal with this. seeks to expand access and affordability of very good thing. Unfortunately, President Clinton’s pro- health insurance, but I think that Senator KEN- b 1815 posal was in his socialized medicine NEDY did a very admirable job in striking a plan, but that part of the plan that said compromise on this issue so that even this This bill says to the person who is deal with fraud had merit. It was what modest progress towards health reform was the next victim of corporate President Bush also had suggested. not derailed. downsizing that they will have the The gentleman from New Mexico [Mr. I will support the motion to recommit that right to stay in the health care plan SCHIFF] and the gentleman from New addresses two remaining problems with this that they were in when they were York [Mr. TOWNS] and I on our commit- conference report. One was the dropping of working until they find their next job, tee had worked on this, and we are the Domenici-Wellstone amendment. We have or maybe even after they find their happy to see it included in the bill, be- missed a critical chance to achieve parity in next job for awhile. They will have to cause in the past we dealt with fraud health insurance coverage for mental illness in pay for it, and that is very difficult for such as wire and mail fraud and at- this conference report. I worked on this issue a lot of people, but the fact of the mat- tempted to get someone who cheated extensively when we considered health care ter is it is a lot better to be able to the system when we had hundreds of reform in the 103d Congress. Prejudice and write a check to stay in the plan that billions of dollars of fraud. Now we are stigma against the mentally ill has no place in they are already in than to have to go making health care fraud a Federal of- the development of sound health care policy in look for new coverage after they have fense, not just for Medicare but also for this Nation. Studies have shown that in con- lost their job, and that is a very good Medicaid, for CHAMPUS and all pri- trast to being an added cost, mental health thing. vate providers. This obviously makes parity would save the national economy and It is a good thing that self-employed sense, and I salute my colleagues for the Nation's small businesses more that $2 people are going to be able to deduct doing it. billion annually. It is terribly shortsighted to fail more of their premiums now than they We just need to know that those who to recognize that mental health disorders cost were before from their income tax recommit fraud have a tough test. They the American economy as much as $162 bil- turn. They ought to be able to deduct should have known for a civil penalty lion per year in lost productivity, absenteeism, 100 percent of it, but it is a very good the issue is that there has to be know- disability and death, and that such disorders thing that we have increased that. ing and willful attempt to defraud the are so treatable when treatment is available. I It is a good thing that people who system. This does not go at individuals will continue to work with the many other buy long-term care insurance, who if who have unknowingly miscoded. This Members of Congress who recognize that our they have to go into a nursing home goes after the real pattern of continued Government cannot stop short from including will have to have an insurance policy fraud, and I salute this bill and those parity for mental illness as part of any health to cover it, can get some help on their on both sides of the aisle who have, for care reform effort. tax return if they do. That is a good the first time in decades, attempted to I am also sad to see that greedy special in- thing. get at waste, fraud, and abuse in a very terests have once again gotten their way in But there is work we have left to do. real way. this Congress by last night's sleight of hand This bill works in that way for a lot of Mr. BEILENSON. Mr. Speaker, I providing a patent extension for Lodine. This people. There is work we have left to yield such time as he may consume to inexcusable assault on consumer interests do. the gentleman from California [Mr. should be stopped, just as similar relief for This bill does not really help the MILLER]. Lodine was stopped several other times in this family that is sitting there tonight, (Mr. MILLER of California asked and Congress. that is so upset because one of the peo- was given permission to revise and ex- Mr. BEILENSON. Mr. Speaker, I ple in the family has a severe mental tend his remarks.) yield 3 minutes to the gentleman from illness, is a manic depressive, let us Mr. MILLER of California. Mr. Massachusetts [Mr. OLVER]. say, and they are worried that that Speaker, I rise in support of the con- (Mr. OLVER asked and was given person’s next hospitalization is going ference report. permission to revise and extend his re- to bankrupt the family because there is Mr. Speaker, I rise in support of the con- marks.) a $10,000-a-year limit on mental health ference report on H.R. 3103 as a reasonable Mr. OLVER. Mr. Speaker, I thank benefits. first step in helping families get the health in- the gentleman from California for There are good things, but there is surance coverage they deserve, but I think yielding time. work we have left to do. I support the this legislation only marks a very modest start- I rise to support the Kennedy-Kasse- bill and the rule. ing point. The provisions of the bill ensuring baum health insurance bill that is be- Mr. GOSS. Mr. Speaker, I yield 2 portability of health insurance and protections fore us, Mr. Speaker. The passage of minutes to the distinguished gen- against discriminatory coverage for a preexist- this incremental health insurance bill tleman from Connecticut [Mr. SHAYS]. ing condition will provide some important new is long overdue, but it barely scratches H9784 CONGRESSIONAL RECORD — HOUSE August 1, 1996 the surface of what needs to be im- for the creation of 100 percent portable lows the self-employed to deduct up to 80 per- proved in this country’s health care medical savings accounts. cent of their health insurance premiums by the system. Simply put, Clinton care was about year 2002, which was not in the original Oh, yes; it does help people who al- helping government. Our legislation is Kassebaum legislation but that subsequently ready have insurance through their about helping people. added. employers but who are suffering from I urge my colleagues to support this And although I voiced grave reservations job lock. Under this bill they are guar- historic commonsense health care re- about the medical savings account provisions anteed coverage through another em- form legislation. that were added to the House version of this ployer’s group plan or through individ- Mr. GOSS. Mr. Speaker, I yield 30 legislationÐbecause it appeared that they ual coverage, regardless of preexisting seconds to the distinguished gentle- might serve to kill the underlying reformsÐthe conditions, and the bill allows the self- woman from New Jersey [Mrs. ROU- conferees worked very diligently to reach an KEMA]. employed to deduct 80 percent of their agreement on MSA's that both the Congress Mr. BEILENSON. Mr. Speaker, if I health insurance premiums, which is and President can support. This agreement may, I yield 1 additional minute to the up from the current 30 percent in brings a credible first step in the form of a pilot gentlewoman from New Jersey. present law. These are important project. The SPEAKER pro tempore (Mr. changes. For this, I congratulate my House and Sen- But this bill is only a small first NEY). The gentlewoman from New Jer- sey is recognized for 11⁄2 minutes. ate colleagues because they have reached a step. We need to go much further. We historic agreement. The American people can need to help those who do not already Mrs. ROUKEMA. Mr. Speaker, I am rising here, proud to be here today as be proud of the fact that this valuable legisla- have insurance, the millions of people tion is here today, and headed toward enact- whose employers do not offer coverage, the prime sponsor of the Kassebaum bill on the House side. With this bill ment because President Clinton will sign this or the self-employed whose kids go to bill into law. school sick because their parents can- today we definitely are again respond- not afford to take them to the doctor, ing to our constituents’ pleas, namely A very strong and broad coalition has the people who do not have insurance that we should stop the bickering and worked long and hard to bring the Kasse- the political gamesmanship and the at all, the 40 plus millions of people baum-Kennedy-Roukema legislation this far. gridlock and deal with the issues that who do not have insurance at the Some of the more notable members of this co- count with the American people. That present time. alition have included: The National Governors is what we are about to do tonight, and We need to help make insurance Association; the American Medical Associa- I strongly support it. We are respond- more affordable for people who are not tion; the American Hospital Association; the ing. covered at work and cannot afford to Chamber of Commerce, the National Associa- I know the medical savings accounts buy insurance on their own, and we tion of Manufacturers; the Business Round- have been talked about. This is a good should require health plans to offer table, and the AFL±CIO; the Healthcare Lead- pilot project despite the controversy good benefits and assure quality care. ership Council, and the Independent Insurance that it provoked, but this bill will People can still end up with bare-bone Agents Association; the ERISA Industry Com- bring peace of mind and health insur- policies that drop them and put life- mittee [ERIC], and the American Association ance security to more than 30 million of Retired Persons [AARP], are just a few of time limits on their care, and provi- Americans, and we can all be proud of sions that were in this bill which guar- the more prominent supporters of the Kasse- that. baum-Kennedy-Roukema legislation. anteed equal treatment for mental But, Mr. Speaker, I am sorry to say health care have been dropped, and Some of the provisions included in the that we were unable to stop the blatant House version of this billÐsuch as medical that is a tragedy. discrimination against mental health So this bill is a good first step, but it malpractice reform legislationÐare proposals I patients. Ignorance and apathy, I am have vigorously supported in the past, and will is not health care reform as we ought afraid, defeated this provision in the to be doing it. We should support this continue to support in the future as freestand- conference. ing measures. bill and then get on with the job of But I want to pledge here and now making health insurance affordable that I stand ready to work with Sen- Nevertheless, I am sorry we are unable to stop here and now the blatant discrimination and accessible to every single Amer- ator DOMENICI and others to bring this ican. issue back and educate our colleagues against mental patients. Mental Health parity Mr. GOSS. Mr. Speaker, I yield 1 on this humane and intelligent reform. was eliminated in conference. Ignorance and minute to the distinguished gentleman That is a problem for another day, but apathy defeated mental health parity in the from Nebraska [Mr. CHRISTENSEN], a tonight we stand here ready to deliver conference. member of the Committee on Ways and relief to the American people. I stand, nevertheless, ready to continue to Means. Mr. Speaker, I rise in support of the com- work with Senator DOMENICI to bring this back Mr. CHRISTENSEN. Mr. Speaker, promise that is incorporated by H.R. 3103, an and educate our colleagues on this humane today we are keeping our promise to omnibus package of health reform proposals. and intelligent reform. pass real health care reform legisla- I am proud to be here as the prime sponsor The time has come for the Congress to stop tion, legislation that will improve the here in House, the heart and soul of the bill playing games, the American people are sick availability and portability of health before us today is the so-called Kassebaum- and tired of bickering and political gamesman- insurance across America. Kennedy-Roukema health insurance reform ship. It is hard to believe that just a little package, which make health insurance port- We must immediately enact commonsense, over 2 years ago we were looking at the able for workers who want to change jobs and incremental health insurance reforms con- Clintons’ takeover, the Government bring their current plan with them; allows small tained in the bill before us today. takeover of our health care system, businesses to pool together in order to buy The General Accounting Office [GAO] has one-seventh of our GDP. Do my col- health insurance more affordably more their leagues remember the bureaucracy estimated that up of 30 million American citi- workers; and cracks down on the ability of zens would benefit from the health insurance that was set up through this national- health insurance carriers to refuse coverage ized health care program that the Clin- reforms incorporated in the Kassebaum-Rou- for people who have been sick in the past. kema plan. tons put forth? We are here today responding to the pleas Well, our program is nothing like of our constituents to stop the gridlock and In closing, Mr. Speaker, I urge my col- that bureaucracy. Our program allows bickering and deal with the issues that count. leagues to join me in supporting H.R. 3103, private sector solutions. It allows the With this bill we have responded to their because its the right thing to do for the Amer- insurance to be more available and pleas. This legislation will bring peace of mind ican people now. more affordable for all Americans. it and health insurance security to 30 million Mr. BEILENSON. Mr. Speaker, I allows preexisting conditions not to be Americans. yield back the balance of my time. a problem any more. It cracks down on And I'm very pleased to see that the con- Mr. GOSS. Mr. Speaker, it is my in- waste, fraud, and abuse, and it allows ference committee retained a provision that al- tent to yield all of the remaining time August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9785 on our side to the gentleman from Illi- FURTHER MESSAGE FROM THE may have 5 legislative days within nois [Mr. HASTERT] to close. It is often SENATE which to revise and extend their re- said that it takes a lot to make some- A further message from the Senate marks and include extraneous matter thing happen around here. This is a by Mr. Lundregan, one of its clerks, an- on the conference report on H.R. 3103. gentleman who has given a lot to make nounced that the Senate had passed The SPEAKER pro tempore. Is there something happen around here, and I with amendments, in which the concur- objection to the request of the gen- am proud to yield him the closing rence of the House is requested, a bill tleman from Texas? time. of the House of the following title: There was no objection. Mr. HASTERT. Mr. Speaker, I thank Mr. ARCHER. Mr. Speaker, I yield H.R. 3675. An act making appropriations myself such time as I may consume. the gentleman from Florida for yield- for the Department of Transportation and ing me this time to talk a few minutes related agencies for the fiscal year ending Mr. Speaker, this is truly a great day about this bill. September 30, 1997, and for other purposes. and a great week. As significant as all The message also announced that the our actions may be for this historic This bill gives people availability of new Congress, the action we take today insurance and affordability of insur- Senate insists upon its amendments to the bill (H.R. 3675) ‘‘An Act making ap- is even greater for someone else. That ance. These were the guide words, the someone else may be the victim of words we talked about to make this propriations for the Department of Transportation and related agencies breast cancer, locked in a job that she happen. cannot change because she fears losing That means that a mother who wants for the fiscal year ending September 30, 1997, and for other purposes,’’ requests her health insurance. It may be a vic- to change jobs and has a child that is tim of diabetes. It may be someone who asthmatic can take that next job. It a conference with the House on the dis- agreeing votes of the two Houses there- has had a heart attack, a stroke, or means a father who wants to move up anyone who has ever been seriously ill. on, and appoints Mr. HATFIELD, Mr. DO- and do a better job for his family and It also, Mr. Speaker, may be my new MENICI, Mr. SPECTER, Mr. BOND, Mr. get a better area or level of his occupa- little baby grandchild, who, born pre- GORTON, Mr. SHELBY, Mr. LAUTENBERG, tion can move to the competitor in the maturely this year, came into the Mr. BYRD, Mr. HARKIN, Ms. MIKULSKI, next job over and know his wife with world weighing just 2 pounds. To me, and Mr. REID, to be the conferees on the heart condition can get that care this little boy is a beautiful child who, the part of the Senate. when he changes jobs. thanks to the wonder of modern medi- The message also announced that the cine, can now have a full life. But to It also means that families have Senate agrees to the report of the Com- others, my grandchild is still a pre- choice; that if they choose to ask a mittee on Conference on the disagree- existing condition. When he gets older, doctor what is the price of this care or ing votes of the two Houses on the he too may not be able to change jobs if they ask their health care giver what amendments of the Senate to the bill or even get insurance in the first place. is the cost, that they can get a cost and (H.R. 3603) ‘‘An Act making appropria- But I am happy to say that this bill they can make a decision on where tions for Agriculture, Rural Develop- changes all that. This bill lets people they go because of medical savings ac- ment, Food and Drug Administration, change jobs without losing their health counts. and Related Agencies programs for the insurance, even if they have a preexist- It also tells a barber in Elgin, IL who fiscal year ending September 30, 1997, ing condition. wants to have a deductibility that is and for other purposes.’’ What a major breakthrough for my fair with other companies he can do f that. He can deduct his cost of health grandson, Archer Samuel Hadley, and care up to 80 percent off his income b 1830 for millions of Americans who now know this Congress has heard their tax. CONFERENCE REPORT ON H.R. 3103, pleas and answered their prayers. This It is a bill of fairness, it is a bill of HEALTH INSURANCE PORT- is the bill that does that, and much, availability, and I just want to thank ABILITY AND ACCOUNTABILITY much more. It powerfully fights fraud some folks before I leave this podium. ACT OF 1996 and abuse by creating new criminal Certainly this would not have been Mr. ARCHER. Pursuant to House penalties and by increasing funding for done without a fine staff: Ed Cutler, Resolution 502, I call up the conference prosecution and investigation. Howard Cohen, Chip Kahn, Phil report on the bill (H.R. 3103) to amend It creates strong and workable medi- Mosley, Bitzie Beavin, Russ Mueller, the Internal Revenue Code of 1986 to cal savings accounts so people can and the Senate staff that worked with improve portability and continuity of choose their own doctors and control us. health insurance coverage in the group their own health care destiny, seeking And also the chairmen who gave free- and individual markets, to combat the best value in the marketplace, ly of their time and their work to waste, fraud, and abuse in health insur- without relying on third parties to pay make this happen: Chairman ARCHER, ance and health care delivery, to pro- the bill. It creates new tax deductions Chairman BLILEY, Chairman HYDE, and mote the use of medical savings ac- that help make health care more avail- Chairman GOODLING, and the sub- counts, to improve access to long-term able and affordable for millions of committee chairs, Mr. THOMAS, Mr. FA- care services and coverage, to simplify Americans. WELL, Mr. BILIRAKIS, and Mr. MCCOL- the administration of health insurance, Mr. Speaker, this is the health bill LUM. and for other purposes, and ask for its that the American people have wanted But most of all I would like to thank immediate consideration. for years, and Mr. Speaker, we did it the gentleman from Florida [Mr. GOSS] The Clerk read the title of the bill. without a government takeover of the who spent unending hours listening to The SPEAKER pro tempore (Mr. health care delivery system of this meetings, so when this bill came to- NEY). Pursuant to House Resolution country. gether it came together in the right 502, the conference report is considered We promised to make these changes, way and it came together in the Com- as having been read. and I am proud that we have done it, mittee on Rules. (For conference report and state- working together in a bipartisan way, I thank all of them. This is a good ment, see proceedings of the House of doing the job the American people ex- day, and I look forward to passage of July 31, 1996, at page H9473). pect of this Congress. this bill. The SPEAKER pro tempore. The gen- It has been a great week for this Re- tleman from Texas [Mr. ARCHER] and publican Congress, and a great week Mr. GOSS. Mr. Speaker, I yield back the gentleman from California [Mr. the balance of my time, and I move the for all of us. It has been a great 2 years STARK] will each control 30 minutes. previous question on the resolution. of accomplishment for our efforts to The Chair recognizes the gentleman reform Congress and change America. The previous question was ordered. from Texas [Mr. ARCHER]. This Congress will go down in history The resolution was agreed to. GENERAL LEAVE as the did-something Congress. More A motion to reconsider was laid on Mr. ARCHER. Mr. Speaker, I ask importantly, it has been a great week the table. unanimous consent that all Member for the American people. H9786 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Mr. Speaker, I reserve the balance of As for phasing in the deduction for Not the big labor bosses who prom- my time. self-insured, the Senate did a far better ised it all these years. Mr. STARK. Mr. Speaker, I yield my- job. The GOP bill goes to 80 percent by Not the Clinton White House that self 4 minutes. 2006. The House Democrats would have demagogued this issue from coast to Mr. Speaker, the bill that passed the had 80 percent by 2002. It is backloaded. coast. Senate unanimously was a great bill. They could and should have used the No, I repeat: it’s being brought to The conference product that we discuss MSA money to increase the deduction American workers by the first Repub- today is an okay bill. The House Re- for all self-employed. lican Congress in 40 years. publicans have turned the Senate silk Mr. Speaker, this bill channels peo- That’s because those folks sacrificed purse into a sow’s ear, and there are ple into a limited number of plans and the good on the altar of the perfect. many reasons for disappointment. could drive up rates. There is a pro- Common-sense health care reform For example, why, my Republican posal for cross-subsidization, but there isn’t enough, they said. friends, is there no mental health par- is no guarantee. The Senate bill had an Providing Americans the right to ity amendment? We should have done easy and obvious solution: Every indi- keep their private health insurance it. It was part of the bill passed by the vidual plan offered by an insurer had to isn’t adequate, they said. They didn’t care about those things. Senate. It does not cost much. Sixteen be available to an eligible individual. What they cared about was universal cents per thousand is all it costs. We We do not need this complicated proposal. We should have kept it simple. coverage—Canadian-style health care. could raise the deductibility $5 for They failed in that goal, and their every policy and pay for it. So I would What the bill does not do is the price of policies are unaffected. They could failure brought this Republican Major- say to the gentleman from Texas, BILL remain too high. This is only going to ity to Washington. ARCHER, if his grandson had been born Today, that Republican Majority de- with mental illness, he could not have help 400,000 people, the CBO tells us. The number of uninsured is rising at 1 livers what the others just promised. afforded to be treated because this bill Our Committee, I’m proud to say, million a year. Medicaid cuts passed would deny him that coverage. played a key role in this legislation— We did not have a real conference yesterday will hurt millions of people. We took one step forward with this with what I believe to be the heart and where we could have worked this out. bill, and yesterday we took 10 steps soul of this measure. We could have phased in the cost of backward, so I hope that this bill could Because of the Commerce Commit- eliminating these caps, but the Repub- be expanded and returned to conference tee’s portability provisions, Americans licans would refuse to meet on this to do the job and the proper job that who lose their health insurance be- issue. was done by the Senate under the lead- cause they lose or change their jobs, The bill’s antifraud provisions are once they exhaust their COBRA cov- ership of Senator KENNEDY. bad. The advisory opinions on intent- Mr. Speaker, I reserve the balance of erage, will have a guaranteed right to based fraud cases are unprecedented, my time. purchase health insurance. and the Justice Department-HHS’s In- Mr. ARCHER. Mr. Speaker, I yield From now on, the Insurance Compa- spector General strongly oppose them. myself such time as I may consume. nies will have to offer these individuals It will cost Medicare $388 million in Mr. Speaker, I would simply say that a comprehensive policy. foregone revenues over 6 years. Advi- at this moment, when we are going to Every day in this country, men, sory opinion fees are not dedicated to do so much good for so many Ameri- women and children are diagnosed with the inspector general, and it devastates cans, I am saddened that my friend, the leukemia, with cancer, with cystic fi- the agency’s ability to fight fraud that gentleman from California, has taken a brosis, with diabetes. With any number they talk about. confrontational attitude to attempt to of illnesses that the insurance compa- The MSA’s are bad. The earlier ver- try to pick apart this bill. Instead of nies call ‘‘pre-existing conditions.’’ sion could cost $1 billion over 5 years. looking at the good, he is looking at Those poor people and their families Who knows what this modest plan will things that he does not think are per- have enough on their minds, without do? But it is a payoff to J. Patrick fect. It is very much like the individual having to worry that if they change Rooney and the Golden Rule Insurance who goes into the Sistine Chapel and jobs, or move, or get laid off, they’ll Co., who have given the Republicans looks up at that gorgeous ceiling and lose coverage for those conditions be- over $1.2 million, that we can deter- says, oh, look at the cracks. cause of a ‘‘preexisting condition’’ mine. Mr. Speaker, I yield 3 minutes to the clause. The conference agreement tries to gentleman from Virginia [Mr. BLILEY], Because of the Commerce Commit- limit the harm by limiting MSA’s, but the respected chairman of the Commit- tee’s provisions in this bill, they won’t we doubt if it will. Last night someone tee on Commerce. ever have to worry about that, ever inserted a 2-year monopoly patent ex- (Mr. BLILEY asked and was given again. tension for the American Home Prod- permission to revise and extend his re- Mr. Speaker, this year our commit- ucts Co., which has really nothing to marks.) tee has improved the safety of the food do with this bill. Mr. BLILEY. Mr. Speaker, I thank we eat, the purity of the water we There is a guaranteed issue only to the gentleman from Texas, chairman of drink. small groups. The Senate bill guaran- the Committee on Ways and Means, for We’ve improved the phones we com- teed that any group, any company, yielding me the time. municate with, the computers we use, Mr. Speaker, as we say down in Rich- could buy any group health plan sold in the television we watch. mond, this day has been a long time With the Securities bill, we’ve made a State. The House Republicans limited coming. it easier for American businesses to the guaranteed issue to small busi- This measure gives American work- raise the money they need to create nesses of 50, so a firm of 51 people does ers something they’ve been promised new jobs. not have guaranteed access while a for 20 years or more—the right not to And with Securities Litigation Re- firm of 50 does. It makes no sense at be denied health insurance coverage form, we’ve scored the first victory in all. It is silly. It discriminates against because of a pre-existing condition. my memory against the powerful Trial mid-size companies in dangerous lines They’ll have that right, whether they Lawyers’ Lobby. of work: logging companies, for exam- change jobs or, God forbid, lose their Mr. Speaker, that ain’t bad. ple. jobs. But none of these, in my mind, is as impor- The MediGap duplication. This al- But that’s not all. This bill also tant to Americans as what we've achieved lows the sale of unnecessary and dupli- assures the job-creators—those men today. cative health insurance policies, a spe- and women in small businesses all This is an historic accomplishment, one that cial interest gift to American Family across America—that they, too, will be has been too long in coming. Life Insurance Co. The consumer guaranteed that they can now purchase It's a pity it didn't happen three years ago. groups are outraged. This will let un- coverage from insurers. It could have, but some wanted to over-reach. scrupulous salesmen once again sell It’s long overdue. And it’s being I want to thank my friend, Mr. DINGELL, who policies which seldom or never pay out brought to you by the first Republican has worked so hard for so many years in ful- any benefits. Congress in 40 years. fillment of this goal. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9787 I want to thank the chairman of our Health However, it is by no means the final tion project. It's time that we all took an active Subcommittee, MICHAEL BILIRAKIS, and his step or even a comprehensive solution role in the health care decisions that affect our ranking Democrat, HENRY WAXMAN. to health reform. The bill fails to ad- daily lives and pocketbooks. Medical savings But most of all, I want to thank our col- dress affordability of health insurance. accounts will put families in control of their league from Illinois, DENNIS HASTERT, without This is a vital issue which we must not health care. In Kansas, which is home to over whose singular efforts this day would never overlook. We still have a long way to 65,000 small businesses, these MSA accounts have happened. go. I urge my colleagues to continue to provide the opportunity for individuals to In this Olympic week we've gone from the work together for comprehensive choose where to spend hard-earned health ``gridlock Congress'' to the ``gold medal Con- health care reform to extend health care insurance dollars. gress.'' coverage to all Americans. My colleagues, the time has finally come. This is a great day, Mr. Speaker. A great b 1845 We have agreed on real reform that will get at day for this 104th Congress, a great day for the root of one of the most serious flaws in millions of American workers and their fami- Mr. ARCHER. Mr. Speaker, I yield our health care system. I applaud Chairman lies. such time as he may consume to the ARCHER and all those who have worked tire- Mrs. KENNELLY. Mr. Speaker, I gentleman from Kansas [Mr. ROBERTS], lessly on this effort and I urge my colleagues yield 2 minutes to the gentleman from the distinguished chairman of the Com- to join me in support of the conference agree- Maryland [Mr. CARDIN]. mittee on Agriculture. ment. Mr. CARDIN. Mr. Speaker, I thank (Mr. ROBERTS asked and was given Mr. ARCHER. Mr. Speaker, I yield 3 min- my friend, the gentlewoman from Con- permission to revise and extend his re- utes to the distinguished gentleman from necticut, for yielding me this time. marks.) Pennsylvania [Mr. GOODLING], the chairman of Mr. Speaker, let me first start by Mr. ROBERTS. Mr. Speaker, as a co- the Committee on Economic and Educational thanking my colleagues on both sides founder and former chairman of the Opportunities. of the aisle, particularly my two Rural Health Care Coalition, I rise in (Mr. GOODLING asked and was given per- friends on the Committee on Ways and support of this bill. I thank Mr. AR- mission to revise and extend his remarks.) Means, the gentlemen from California, CHER, Mr. BLILEY, Mr. THOMAS, Mr. Mr. GOODLING. Mr. Speaker, I rise Mr. STARK and Mr. THOMAS, for bring- GOODLING, and Mr. HASTERT for their in support of the conference report on ing forward a bill on health care re- leadership and perseverance. H.R. 3103, The Health Insurance Port- form. Mr. Speaker, I rise in strong support of the ability and Accountability Act of 1996. Mr. Speaker, I support the Kennedy- conference report to H.R. 3103, the Health In- This is truly an historic occasion Kassebaum bill, the bill from con- surance Portability and Accountability Act. which rivals the passage of ERISA (the ference that is before us. This bill is This bill includes sensible, workable provisions Employee Retirement Income Security not a panacea of health care reform, to expand access to affordable health care in- Act of 1974) upon which the foundation but it is a good bill, on balance, that surance for America's families. of this health insurance reform legisla- expands access to health coverage for This legislation is especially important to my tion is based. working Americans. When this bill is constituents in Kansas. Ten percent of Kan- The provisions in the conference re- signed into law, it will ensure that if sans lack any form of health insurance. These port relating to portability and health you have insurance, you can keep it. folks are generally small business owners or insurance accessibility are structured This is an important change from to- self-employed farmers and ranchers. This bill similarly to those in the House passed day’s system. It will provide a new takes several steps to bring relief to these in- bill and the ERISA Targeted Health In- measure of health security for working dividuals and their families by expanding their surance Reform legislation originally Americans. insurance options. reported by the Committee on Eco- The conference report before us en- first, this legislation will make health insur- nomic and Educational Opportunities. sures that working Americans with ance portable. Under H.R. 3103, the 4 million Under the new portability protections, preexisting conditions cannot be de- Americans who are staying in their jobs just to employees can no longer be told that nied health insurance as long as they maintain their health insurance benefits will fi- their plan will not cover them because maintain coverage. In addition, it nally be free to pursue other opportunities. of a preexisting medical condition would prevent insurance companies This ``job lock'' is a real problem for not only when they are continuously insured. from using genetic information to deny the employer and the employee, but also for Small employers can no longer be told health coverage. It is absurd that to- the economy. Today, too many working par- by insurers that health insurance is day’s genetic testing advances are ents are afraid to pursue new opportunities, not available to their employees be- being used by insurance companies to start a new career or become an entrepreneur cause of the risks of their jobs or their deny coverage. This bill will end that because they don't want to lose the health in- previous claims experience. In sum, practice. surance they now have. employees will no longer have to fear, Mr. Speaker, let me just give one ex- Second, this legislation will limit the pre- when they leave their job or take a new ample of how a typical working family existing condition requirements that currently job, that they or their loved ones will can benefit from the legislation before prevent 21 million Americans from getting lose access to health insurance. us. The bill will provide someone the health insurance coverage. I have heard hor- This legislation will actually in- freedom to leave IBM to start their ror story after horror story about families that crease the choice of health insurance own computer company, even if a have lost everything just because their insur- coverage offered to American workers, member of that person’s family is suf- ance company won't cover Dad with his heart but without taking away the coverage fering from diabetes. Today that per- condition or the new baby who was born with they currently enjoy. These choices in- son would be unable to find an insur- diabetes. cludes high deductible health plans and ance company who would cover the Third, this legislation will make health insur- medical savings accounts for which the family if they went out on their own. ance affordable. Individuals who lose cov- employees of small employers and the After passage of this legislation, that erage through their employer will now be able self-employed will be newly eligible. person would be able to pursue that ca- to purchase affordable health insurance on Former employees who have exhausted reer without the fear of putting their their own. This legislation will also bring some their access to employer coverage will also be family’s health in danger. well-deserved relief by increasing the tax de- given important new rights to acquire health In addition to the health insurance duction for health insurance for self-employed insurance in the individual market even though reforms, the bill would equalize the tax individuals, including the small business own- they or a dependent may have a preexisting treatment of health insurance pre- ers, farmers, and ranchers in Kansas, from the medical condition. miums between the self-employed and current 30 percent to 80 percent. This in- Health coverage will also be made more major corporations. This change, based crease in deductibility is something that my available and affordable by granting millions of on legislation I authored, will benefit colleagues and I on the Rural Health Care Co- self-employed businessmen and business- thousands of small business owners alition have been working toward for years. women the right to deduct their health insur- around our country. Finally, this legislation takes the first step to ance costs on a basis similar to corporations. Today’s consideration of this bill is make health insurance accountable through a When fully phased in, these Americans will be long overdue. It is an important step. limited medical savings accounts demonstra- able to deduct 80% of their premium costs. H9788 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Both public and private health plans will be a strong new incentive to plan ahead terminally ill to receive the proceeds better protected from unnecessary costs under for long-term care expenditures. Also, of their life insurance tax free will as- the provisions of Title II, which are designed to lest it be overlooked, the legislation sure access to health care for those in- prevent health care fraud and abuse and to addresses another issue that all may dividuals. I only wish the committee recover any losses in connection with such one day face, and that is the extent to had also included vital consumer pro- plans. which the genetics of each one of us tections to prevent the terminally ill The conference agreement is a solid step may determine our future health sta- from being taken advantage of during a forward in securing increased health insurance tus and, thus, our ability to obtain very vulnerable time. accessibility, affordability and accountability for health insurance coverage. In this re- I urge Members to support this effort American workers and their families. gard, the legislation prohibits a group to make health coverage more avail- I would be remiss, however, if I did health plan or insurer from excluding able—and to help the chronically ill not mention my disappointment that an individual from enrolling (or con- and terminally ill pay their medical the conference report does not include tinuing to be enrolled) under a group bills. two important reforms designed to ex- health plan based on genetic informa- Mr. Speaker, I yield 3 minutes to the pand coverage and reduce health insur- tion. In addition, genetic information gentleman from Missouri [Mr. CLAY]. ance costs. Malpractice reform was is not to be treated as a preexisting (Mr. CLAY asked and was given per- dropped as a concession to the White medical condition in the absence of a mission to revise and extend his re- House in order to move the legislation diagnosis of the condition related to marks.) Mr. CLAY. Mr. Speaker, I will vote along. I reject the idea that reforms of such genetic information. for the conference report on H.R. 3103 malpractice awards are unnecessary In conclusion, the Health Insurance because it will make a significant im- and will continue to insist we address Portability and Accountability Act in- provement in the lives of many and a this issue in the future. cludes vital health insurance protec- modest improvement in the lives of Also, by omitting the small business tions for American workers and their pooling provisions under Subtitle C of millions more. families. These health insurance port- The conference report will provide the House bill, I believe this Congress ability and accessibility consumer pro- has missed an important opportunity important protection to individuals tections are the common sense reforms who have been laid off or have retired to extend more affordable coverage to that Americans have said they need and are trying to purchase health in- the millions of uninsured employees and that Republicans have attempted surance for themselves. working for our country’s small busi- to enact over the past several con- It will allow workers to maintain nesses who today do not have health gresses. They could have been enacted their health coverage when they insurance coverage. These provisions earlier but were sacrificed on the altar change jobs, even if they or a family would have built upon the ERISA cor- of big government. member have a chronic health condi- nerstone of this Nation’s employee ben- In contrast, these common sense reforms tion. efits law to allow employers, particu- were fashioned to avoid the pitfalls of the Clin- The report will require insurance larly small employers, to achieve ton planÐthat is, the elimination of ERISA companies and HMO’s to sell policies to economies of scale by joining together health plans, one-size-fits-all mandated bene- small businesses. They will no longer to form either self-insured or fully-in- fits and price controls that lead to health care be able to pick and choose the compa- sured health plans. The number of un- rationing. Rather than trying to create a new nies they want to sell insurance to. insured workers will be a continual re- health care system, the Health Insurance Port- Insurance companies and employers minder that this mechanism for ex- ability and Accountability Act seeks to build on will not be able to deny coverage, drop panded health coverage is needed and those elements of the Nation's employment- coverage or change more just because should be included at the earliest pos- based system that work wellÐnamely the an individual has a medical condition. sible time. fully-insured and self-insured group health While I will vote for the conference Nonetheless, the legislation does preserve plans under ERISAÐwhile at the same time report, it has serious shortcomings without change the ERISA preemption corner- making the important changes to the current that, quite frankly, were completely stone which has fueled the marketplace dy- system on which there is a consensus. After avoidable. namics that have recently reduced health in- nearly three decades of debate on health in- The shame of it all is that the Repub- surance cost inflation, at least in the large surance reform the time has come to pass this licans took the Senate bill—a perfectly group market. Also reflected in the new pre- landmark legislation and seek the President's good bill that passed the Senate by a emption section of this Act (adding section signature. vote of 100 to 0—and made it weaker. 704 to ERISA) is the need for national uni- Mrs. KENNELLY. Mr. Speaker, I They added an unnecessary, unproven formity regarding the procedures and reporting yield myself 2 minutes. and ill-conceived tax break that will required to make the portability mechanism Mr. Speaker, I rise today in strong only benefit special interest insurance work for all the employee health benefit plans support of a simple premise—when companies and affluent taxpayers. The covered under the legislation. Americans leave or lose their job, they Republicans have sugarcoated this tax The participants and beneficiaries of ERISA should not lose access to health insur- break by calling it health reform. But, covered health plans can also look to the uni- ance. The legislation before us will now it is nothing more than another tax form remedies under that Act to enforce their make that simple guarantee the na- break. rights to the portability, preexisting condition, tional standard. Republicans, by dropping important enrollment, renewability and nondiscrimination However, I urge Members to resist protections for mentally ill individ- requirements applicable to both ERISA plans the temptation to oversell this legisla- uals, have missed a great opportunity and insurers under ERISA Part 7. Identical tion as a panacea. Many Americans to break new ground in the protection provisions apply to church plans (but only who cannot afford health insurance of one of the Nation’s most vulnerable under the Internal Revenue Code) and to gov- will still face financial barriers even groups. Given the Domenici-Wellstone ernmental plans and insurers (under the Pub- after this legislation is enacted. amendment in the Senate, the Con- lic Health Service Act). Section 104 makes it I would also like to express my ferees, if given the chance, could have clear that these identical provisions are to be strong support for two other provisions developed a sensible compromise that interpreted, administered and enforced so as in the bill—favorable tax treatment would have provided significant protec- to have the same effect at all times, regard- for—long-term care health insurance— tion for mentally ill persons. But the less of the agency having primary authority and accelerated death benefits. I have conferees were never given the chance. with respect to a particular entity or plan. worked on both of these issues for A Bipartisan compromise on mental Finally, I consider this legislation many years. health parity was never in the cards. It particularly forward-looking in its re- Providing incentives for people to was largely for this reason that I response to several issues of importance protect themselves against the costs of fused to sign the conference report. to all Americans. First is the growing long-term care will not only safeguard Accordingly, I urge my colleagues to long-term care needs of the elderly and the family savings for millions of support the motion to recommit. It disabled. In this connection, the legis- Americans, but it may also reduce fu- will restore important protections for lation gives individuals and employers ture Medicaid costs. And allowing the the mentally ill. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9789 Mr. Speaker, I support this bill, but the conference report and said some Mr. STARK. Mr. Speaker, I yield 5 not the process that got us to this very nice words about all of us working minutes to the gentleman from Michi- point. It is wrong that the House Re- very hard to produce a good product. gan [Mr. DINGELL]. publicans made health reform a par- I do want my colleagues to vote for (Mr. DINGELL asked and was given tisan issue. The 40 million individuals this conference report because a name permission to revise and extend his re- who are uninsured and the million of has not been mentioned on this floor marks.) who not only deserves to be mentioned others who are locked into their jobs b 1900 because of chronic health conditions but deserves to be praised. That is the deserve better. senior Senator from Kansas, the chair- Mr. DINGELL. Mr. Speaker, I en- Mr. ARCHER. Mr. Speaker, I yield 4 woman. NANCY KASSEBAUM is who this joyed the remarks of my good friend minutes to the distinguished gen- legislation belongs to. I think it is a from California. I was so delighted to tleman from California [Mr. THOMAS], very appropriate capping of an illus- hear him. It ranks with the conversion chairman of the Subcommittee of trious career to take this positive doc- of St. Paul. I have not seen any light- Health of the Committee on Ways and ument and place it before us. ning bolts, and I have not observed him Means. So despite all of the rather petulant- riding a jackass, but I do want to say Mr. THOMAS. Mr. Speaker, I yield to sounding woulda, coulda, shoulda from that my Republican colleagues have fi- the gentleman from Hawaii [Mr. ABER- those people who owned the House, the nally come around and supported Ken- CROMBIE] for the purpose of engaging in Senate and the presidency and put nedy-Kassebaum. Wonderful. Great a colloquy. nothing on this floor, I would just like news. Mr. ABERCROMBIE. I thank the to say it was a real pleasure working Having said that, I commend the gen- gentleman from California [Mr. THOM- with chairman of the Committee on tleman for having had the scales re- AS] for yielding and for engaging in Ways and Means, the gentleman from moved from his eyes, and I urge him to this colloquy which is very important Texas [Mr. ARCHER], and the staff support the same kind of glorious ad- to the people of Hawaii. members on that committee who vances in other issues. It would be Mr. Speaker, the question I have for worked extremely hard: Chip Kahn, helpful. this colloquy is, does H.R. 3103 ad- Kathy Means and Elise Gemeinhardt. I also would say to him that he was versely affect the integrity and purpose It was a real pleasure working with talking about the days when the Demo- of the existing Hawaii Prepaid Health the Committee on Commerce, Chair- crats ran the Congress and now the Care Act of 1974? man BLILEY, Subcommittee Chairman days when the Republican run the Con- Mr. THOMAS. I tell the gentleman BILIRAKIS, with Howard Cohen and Mel- gress. This is the way things go, but I that H.R. 3103 does not adversely affect ody Harned. would say that the gentleman from Hawaii’s current exception, which is in It was a real pleasure working with California has an urgent and an impor- fact the Health Care Act of 1974. In ad- Chairman GOODLING, Subcommittee tant responsibility in this place and dition to that, the whole question of Chairman HARRIS FAWELL, and Russ that is to pay the bills. MSA’s that has been discussed is a tax Mueller as a hardworking staff; with I was just thinking the other day how question, and that also does not affect Chairman HYDE of the Committee on nice it would be if my office rent were Hawaii’s system. The new MSA pilot the Judiciary, and Diane Schacht paid on time, if my suppliers were paid program is an opportunity and not a working very hard. on time, if my telephone bills were All of those people should be proud. mandate affecting employer or individ- paid on time, and if the bills of the They delivered. We delivered. We have ual health insurance plans. I am other Members on both sides of the on this floor a conference report that pleased to say that Hawaii can go its aisle were paid on time. And perhaps if makes a real change in the lives of mil- own way. the gentleman would just diminish to a lions of Americans. We make health Mr. ABERCROMBIE. I thank the small degree these wonderful partisan care more affordable, more available, gentleman from California. speeches which he makes and con- and we did it without a government Mr. THOMAS. Mr. Speaker, I would centrate on paying the bills of the takeover of health care, which was take my own time to mention briefly House, how much better this whole op- what they were trying to get on the that I have listened to several Demo- eration would be. Then we could ad- floor. Thank goodness enough Demo- crats, and I assume we will hear from dress the way the content of legislation crats, who made up the majority at several more. Their basic message is: is being considered, rather than en- that time, said no. And thank goodness You woulda, coulda, shoulda. gaged in these kinds of small pickety enough Democrats today will support I just find it totally ironic. All you pickety polemics in which we have just this excellent conference report, we have to do is just come with me 3 short engaged. will send it to the President, and the years ago. I was not the chairman of Mr. Speaker, I will be delighted to president will sign it. yield to the gentleman, but I do have a the Subcommittee on Health and Envi- Mr. STARK. Mr. Speaker, I yield few other words which will be helpful ronment then. I was the ranking mem- such time as he may consume to the ber. The gentleman from California to him and I know he wishes to hear, so gentleman from Illinois [Mr. YATES]. [Mr. STARK] was the chairman. What (Mr. YATES asked and was given per- I would yield later. the Democrats did when they had a mission to revise and extend his re- Mr. Speaker, this has been a very cu- majority in the House and the Senate marks.) rious process, and it will be noted my and had a member of their own party Mr. YATES. Mr. Speaker, I rise in name does not appear on the con- in White House is put absolutely noth- support of the conference report. ference report, even though I do urge ing on the floor of this House; abso- It carries at long lastÐit should have been my colleagues to vote for the bill. My lutely nothing on portability; abso- passed years ago. Unfortunately, its time had colleagues on the other side of the aisle lutely nothing increasing penalties on not yet come because of the strong opposition have chosen to move this legislation at waste, fraud, and abuse. of special interests. this late time, after long waits, with The Democrats talk woulda, coulda, I'm pleased that it provides mobility in cov- such speed that we were not able to shoulda, about a product. erage and requires overlooking ill-health prob- confirm that the bill’s language accu- I want to address myself to my Re- lems. It is a first stepÐthere is much more rately reflected the agreements publican colleagues here. I do not want that has to be doneÐin the field of mental reached. us to vote against the conference re- health, for example. Nevertheless, I will take faith that port because minority leader DASCHLE I commend those who brought this bill be- the language truly reflects the biparti- joined us in a press conference praising fore the Congress. I look forward to working san agreement which Senator KENNEDY the work product working positively with them to enforce the opportunity of provid- so admirably defended. I trust that at between the House and the Senate. And ing much better access to health care to the least some of the advocates of this leg- I do not want my Republican col- people of America. islation have carried out their respon- leagues to vote against this conference I intend to support the motion to recommit sibilities, as they have said, and I do report because the senior Senator from because that can be one way to make the bill intend to support the conference re- Massachusetts [Mr. KENNEDY] signed better. If that fails I intend to support the bill. port. H9790 CONGRESSIONAL RECORD — HOUSE August 1, 1996 The bill makes some small, but im- gress this new majority will work with facing a segment of our citizens often portant steps forward. The portability him to remove and eliminate those er- ignored or forgotten. Now AIDS pa- provisions and the provisions against rors that we know he will point out to tients can receive their life insurance preexisting conditions will benefit us, and we appreciate his presence. benefits tax free and actually receive about 25 million Americans. That Mr. DINGELL. Mr. Speaker, reclaim- the aid they have paid for to ease their leaves, however, I would tell my good ing my time, I want to thank my good suffering before they depart this world. friend from California, and I am de- friend for that. It is always a pleasure Equally so, let me say that I am lighted to see him standing because I to deal with him. gratified we now end the health benefit want him to hear this, some 40 million Mr. ARCHER. Mr. Speaker, I yield 1 tax discrimination against the self-em- Americans who do not have health minute to the gentleman from the ployed, allowing the same deduction care. I know that he will want to do State of Nebraska [Mr. CHRISTENSEN], a that America’s corporations get. Al- something other than to just turn member of the Committee on Ways and though it is not 100 percent, it is only them over at some future time to a Means. 80 percent by the year 2006, it is in the system which is not providing them Mr. CHRISTENSEN. Mr. Speaker, I right way. health care. thank the chairman for yielding me Let me tell my colleagues why I am This bill will ensure that people who this time. a little disturbed. I am saddened this change jobs can get health coverage Listening to the last Speaker talk, I bill is silent on the needs of millions of from a new employer without preexist- am reminded about, and looking at the mentally ill Americans, and I hope ing condition restrictions. This will Clinton care, the Government takeover that we will be able to return to this provide peace of mind for workers who of our health care system, almost 2 bill and provide relief for them. lose their jobs by assuring them they years ago, when they thought they had I am also saddened, or at least dis- can purchase health coverage without the answers to the health care prob- turbed, that we would burden physi- devastating penalties and restrictions. lems in America. cians with overly burdensome fraud While this legislation does good What was their solution? Well, their provisions, and I believe we should re- things, at least one of the things that solution was taking one-seventh of our consider. We should get rid of fraud, it does needs to be examined. My good GDP, taking control of it and putting waste, and abuse, but it certainly Republican friends have tucked away a together a national health care board, should not be at the expense of making couple of nice little provisions here regional health alliances, corporate criminals of physicians that provide us which will hinder the fight against health alliances, putting an ombuds- good health care across the Nation. health care fraud and abuse. They will man in here, and having employer I am saddened that the last minute allow repeatedly negligent providers to mandates involved. special interests found that they could escape civil monetary penalties, and What is our solution? Our solution is extend a patent for the drug Lodine, they will require an unprecedented and private health care, putting together a which hurts millions of Americans who indeed most curious advisory opinion medical savings account, free market now cannot get low-cost generic drugs process for an intent-based criminal solutions so that we would not have a because of this extension. statute, something which I have never Government takeover of the health I do, however, want to thank the bi- seen before. care system as the Democrats have partisan effort of my colleague from American taxpayers will now also be done. Texas, Chairman ARCHER, and the gen- asked to pay for inflated claims sub- Mr. Speaker, I salute the chairman tleman from California, Mr. STARK, and mitted by doctors and hospitals who for his leadership in this area. all those who have worked so hard on are grossly negligent in the billing Mr. STARK. Mr. Speaker, may I in- this legislation, to be able to say that process. The Congressional Budget Of- quire as to the time remaining on both now we can tell America and they have fice says that these provisions will cost sides? the potential of good health care, and American taxpayers tens of millions of The SPEAKER pro tempore (Mr. certainly we will remember those who dollars. What a blow for economy NEY). The gentleman from California are attacked with preexisting condi- struck by this particular provision! [Mr. STARK] has 143⁄4 minutes remain- tions. The advisory opinion requirement is ing, and the gentleman from Texas Mr. Speaker, I rise to offer my full opposed by the Attorney General, the [Mr. ARCHER], has 15 minutes remain- support for this conference report. Re- Inspector General of HHS and by the ing. gardless of whatever else this Congress National Association of Attorneys Gen- Mr. STARK. Mr. Speaker, I yield 2 has failed to do, passage of this con- eral. minutes to the gentlewoman from ference report is of the utmost impor- We may now reflect on whether this Texas [Ms. JACKSON-LEE]. tance and necessity. Every portion of is good or not and, indeed, we may re- (Ms. JACKSON-LEE of Texas asked this legislation will have a positive im- alize that at some time soon we will re- and was given permission to revise and pact on the lives of millions of Ameri- gret having included these provisions, extend her remarks.) cans and I applaud the sometimes and we may again need to address the Ms. JACKSON-LEE of Texas. Mr. strained but ultimately successful bi- problems of fraud and abuse which we Speaker, I thank the gentleman from partisan efforts to see this bill through are creating with this particular lan- California for yielding me this time, during this session. guage. and I rise enthusiastically to support a The immediate effect of this bill will Mr. Speaker, I am pleased we are bipartisan piece of legislation, Ken- be tremendous. Yesterday, I received a passing this legislation today. I only nedy-Kassebaum, might I emphasize, call from a businessman who lives in hope that we can come back soon and that brings to the American public a my district. He was worried because his continue the process to provide health real health reform that deals with wife will soon be changing jobs and care for the 40 million Americans who portability and preexisting conditions. they were concerned that a recent po- have no health care at all, and who live Yesterday I received a call from a tential medical condition would not be in raw terror of cancer or emphysema local businessperson in my district who covered by the new policy unless this or stroke or heart attack or other ill- was saddened and disturbed, wondering bill was soon enacted. He is a prime ex- nesses for which they know there is no whether this legislation had yet passed ample of the good that this legislation medical care available. because his wife was moving to another will bring about, making sure that in- Mr. THOMAS. Mr. Chairman, will the position and had a preexisting disease. dividuals and families do not fall gentleman yield? I am gratified to be able to make that through the health insurance cracks Mr. DINGELL. I yield to the gen- call now and to indicate that we are and suffer physical, mental, or finan- tleman from California. doing the right thing. cial distress. Mr. THOMAS. Mr. Speaker, we know I am glad to say that we are dealing I believe that the provisions dealing to err is human, to forgive divine. I am with long-term care insurance and ac- with long-term care insurance and ac- going to try to elevate the gentleman. celerated death benefits that dem- celerated death benefits demonstrate I thank him for his vote on the con- onstrate the understanding of the Sen- the understanding of the Senate and ference report, and in the 105th Con- ate and House on some of these issues House of some of the issues facing a August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9791 segment of the citizenry often ignored told here we were going to be voting on should be a top priority and we should or forgotten. Now, AIDS patients can portability, the transferability of in- all do it in a bipartisan way. One out of receive their life insurance benefits tax surance coverage, access to insurance five Americans is affected by this prob- free and actually receive the aid they coverage, for someone like her hus- lem. have paid for to ease their suffering be- band. b 1915 fore they depart this world. Mrs. Calabash thanked me, and now And I am glad to see that this body is here at last on this particular evening Mr. ARCHER. Mr. Speaker, I yield 2 moving toward ending the health bene- I will be able to fulfill my promise to minutes to the gentleman from Iowa fit tax discrimination against the self- her. Portability, which never was ac- [Mr. GANSKE]. employed. Why should these individ- complished by a previous congress, Mr. GANSKE. Mr. Speaker, I spoke uals not get the same deduction as which was not even contemplated until earlier this evening on the provisions America’s corporations? Although the the Republican Congress undertook the against fraud in the bill. And to go deduction is not 100 percent and al- leadership of this House, now is at back over these, they establish a na- though the 80 percent is not reached hand. tional health care fraud control pro- until the far-away year of 2006, it is a All I can say is I am happy to report gram and extend antifraud rules for first step in the right direction. Maybe that to Mrs. Calabash. This one is for Medicare and Medicaid. another day will allow us to increase you, Mrs. Calabash, and now, good There are a number of good things in this rate and implementation of this night, Mrs. Calabash. this. If there is fraud and abuse in the idea, but for now, I will celebrate along Mr. STARK. Mr. Speaker, I yield 2 system and a senior citizen would iden- with thousands of self-employed indi- minutes to the gentleman from New tify this, the Secretary can provide a viduals in my district and across the Mexico [Mr. RICHARDSON]. reward to those seniors who have iden- country. (Mr. RICHARDSON asked and was tified the problem. While I am saddened that this bill is given permission to revise and extend I have practiced in the system. Un- silent on the needs of millions of men- his remarks.) fortunately, there is some fraud and tally ill Americans, some relief must Mr. RICHARDSON. Mr. Speaker, I abuse in the system among all practi- be given. Further, the overly burden- thank the chairman and the ranking tioners, and so I would enter into a col- some fraud provisions against physi- member. loquy with the gentlewoman from cians should be reconsidered and we Mr. Speaker, this bill tears down one Texas [Ms. JACKSON-LEE] if she would must fix that in a later review of the of the biggest barriers that stand be- care to enter into a colloquy, because I bill. Also a last-minute special interest tween Americans and health insurance think that this bill is a reasoned ap- extension of a patent for the drug coverage. I am glad to be part of legis- proach to something that is very im- Lodine hurts millions of Americans lation and of passing legislation that portant to help reduce health care who now cannot get low-cost generic guarantees millions of Americans in- costs, and that is the fact that the In- drugs that would do the same thing— surance coverage as they move from spector General has identified fraud this must be remedied. job to job. This bill also prevents dis- and abuse in the system. This legislation has been a long time crimination against those individuals One of the things that we have found in coming and is something that should with preexisting conditions. This is a is that in the bill when we are talking have been done many years ago. No bipartisan effort that deserves enor- about criminal penalties, we are talk- longer will people be trapped in unde- mous commendation. ing about knowing and willful, and so sirable jobs because they or a member Unfortunately, Mr. Chairman, this there is a high standard for practition- of their family suffer from a medical bill has left 5 million Americans with ers to receive whatever type for crimi- condition. And no longer will spirited mental illness behind. I had offered the nal procedures. And then for civil pro- entrepreneurs be wrongly penalized for House amendment in the Committee on cedures, there must be a negligent be- their courage and chutzpah in striking Commerce to this bill to guarantee havior and it must be an action that is out on their own. Mr. Speaker, this is those with mental illness the same cov- in reckless disregard of the rules or of a landmark day for the millions we erage as a person with any other ill- health. represent and for this Congress as well. ness. Unfortunately, it was ruled out of So I would yield to the gentlewoman Support this report and in doing so, order. from Texas if she would care to tell me support the needs of the American peo- Those mental health provisions, how- exactly what is in the bill in these ple. ever, were included in the health insur- areas that concerns her. Mr. ARCHER. Mr. Speaker, I yield 2 ance reform bill in the other body. This Ms. JACKSON–LEE. Mr. Speaker, if minutes to the gentleman from Penn- conference report fails to include men- the gentleman would yield, I thank the sylvania [Mr. GEKAS]. gentleman for his kindness and I noted (Mr. GEKAS asked and was given tal health parity language and, there- permission to revise and extend his re- fore, to provide important protections the distinction and certainly do appre- marks.) for mental illness. ciate at least one point that the gen- Mr. GEKAS. Mr. Speaker, I thank Mental illness is just as serious as tleman from Iowa [Mr. GANSKE] made. the gentleman from Texas for yielding hearth disease or cancer, yet insurers I think we all can agree that we should me this time. have for years not offered complete attempt to eliminate fraud and abuse A few months ago I was going store coverage for the treatment of mental and certainly weed out from our practi- to store visiting constituents in the illness. Nearly one out of four adults tioners any suggestion that they might lovely town of Effron, PA, in Lancaster suffer from some kind of severe mental manipulate the system. County, the target of many, many illness in the United States each year, Might I say that I look upon the thousands of tourists during the course yet 95 percent of the major insurance medical profession as one over all of a year, where the cloisters and the companies in our country have limited whose chief responsibility is to service people who man them and woman them coverage for psychiatric care. the needy public with respect to its daily do their routines. Left untreated, mental illness can health needs. I do believe that even One lady stopped me and we started lead to some of our Nation’s most though we have civil and criminal pen- talking about health care. I will not pressing social problems. For example, alties distinguished, that we still have name her, I will call here Mrs. Cala- 32 percent of the Nation’s homeless suf- a criteria that raises much of what bash. Mrs. Calabash asked me what fer from some type of mental disorder, physicians may do to a criminal level, would happen if her husband, who was 12 million children suffer from some even though we have a standard of presently employed, would lose his job; type of mental disorder also. reckless abandonment or a higher were there any prospects for making Mr. Speaker, let us pass this bill, but standard of negligence. I think we can sure that health care coverage would in the future we must address the issue revisit it and still get a fraud and follow him into the search for a new of mental health parity. I am dis- abuse and not have the high penalties job. appointed we did not do so when we that we have that would discourage I told her we are working on it, Mrs. had this opportunity, but perhaps in many of our physicians who practice in Calabash, and before this year is out, I the next session of the Congress this the inner city and rural communities. H9792 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Mr. ARCHER. Mr. Speaker, I yield to give the insurance companies the Mr. STARK. Mr. Speaker, I yield 4 myself 1 minute. right to use your Social Security num- minutes to the gentleman from Michi- Mr. Speaker, I simply ask a question ber and gather all the information in a gan [Mr. BONIOR], the minority whip. of the gentleman from Iowa [Mr. clearinghouse for which there is no pri- Mr. BONIOR. Mr. Speaker, it was GANSKE]. I understood the gentle- vacy protection in this bill. more than a year ago when a biparti- woman from Texas to say that this bill Now people want to think that it is san group first offered a bill to expand would make criminals out of good doc- called ‘‘administrative simplification,’’ access to health care for millions of tors, and I would like for the gen- but simply what it does is give the in- Americans, and over the past 18 tleman to respond to that since he is a surance companies the ability to shift months we have worked to build a bi- physician himself. information back and forth, use it partisan coalition to make modest Mr. GANSKE. Mr. Speaker, if the against applicants for life insurance, changes so that if someone changed gentleman would yield, the bill I think auto insurance, homeowners insurance. jobs, lost their job, has a preexisting is fair. It addresses the issue of reduc- Anything they want to do, they can do condition, they will never lose their ing fraud and abuse in the system, and in this bill because there is not one sin- health insurance. yet it establishes fairness for practi- gle shred of protection of your privacy. For 9 months, Bob Dole and NEWT tioners. I raised this issue in the Committee GINGRICH and the Republican leader- In some of the original legislation, on Ways and Means. The chairman of ship would not let the Kennedy-Kasse- there were some concerns but they the subcommittee who stands up here baum bill to come to a vote on the have been worked out among various and says, ‘‘It is such a wonderful bill,’’ House floor. It is not found in the Con- groups, so that provider groups, I think said he would deal with it. It did not tract on America. It was not part of they feel in general that as long as get dealt with. In fact, it went in the their priority. They refused to take there are knowing and willful provi- conference committee and came out any action until the President of the sions in there, in the criminal sections worse. He is less protected. United States stood there in his State of the fraud and abuse sections, that Doctors could be required to give a of the Union Address and called on this is an acceptable standard and a patient data of encounters. That means them to make health care portable for fair standard. if a patient goes to see the doctor and this country. Mr. ARCHER. Mr. Speaker, reclaim- tells the doctor anything that has gone When public pressure finally built to ing my time, so the gentleman would on in their life, the doctor could be the point where Bob Dole had to act, say, then, that this would not make compelled by the insurance company last April, the Kennedy-Kassebaum bill criminals out of good doctors? data system to release that informa- passed, as my friend from Washington Mr. GANSKE. Mr. Speaker, That is tion because there is nothing, nothing State said, 100 to nothing. It could exactly my understanding of this bill. in here that protects the doctor-pa- have been sent to the President the Mr. STARK. Mr. Speaker, I yield 3 tient relationship. next day and millions of working fami- I think people had real qualms on minutes to the gentleman from Wash- lies would have been spared the pain that conference committee about sign- ington [Mr. MCDERMOTT]. and the misery of losing their health ing it because in many ways, although Mr. MCDERMOTT. Mr. Speaker, it is insurance. But instead, we had to deal we help a few people with the whole a rather unique bill where all the with MSAs, medical savings accounts, Democratic conferees come out here, issue of portability, if we read the bill we find that is not very good, that we even though every credible publication did not sign the bill, hold their nose, has said they are designed for the and they are going to support it. I are taking away people’s privacy and we are discriminating against the men- health and the wealthy. know why that is. There are 24 provi- What we have to understand is that tally ill. sions that really are troublesome in Mr. Speaker, I urge Members to vote this is about the lives of real people. this bill and the committee never met for the motion to recommit. Somewhere in America today, Mr. and dealt with them. Mr. ARCHER. Mr. Speaker, I yield Speaker, there is a father who has been One is the whole question of mental myself 1 minute. offered a better job to take care of his health parity. What that issue means is Mr. Speaker, it is ironic to me as I family, but he cannot take it because that if the patient has a mental illness listen to the arguments on the other his son has diabetes and his health in- and their insurance plan pays 80 per- side of the aisle from people who will surance will not go with him. Some- cent for surgery for cancer or a brain vote for this bill in the end, make no where in America today there is a sin- tumor or something else, they have to mistake about it, most of them will gle mom who goes to bed every night pay 80 percent on a mental health vote for this bill because they know praying that her kids will not get sick claim. that it moves in the right direction. because she has a preexisting condition Right now most plans pay 80 percent But when we first debated this bill on and she cannot get health insurance. on some kinds of things and 50 percent the floor of the House, what we heard No company will cover her. for mental illness. People with mental from the other side of the aisle was, These people are not strangers. Every illness in this country are discrimi- ‘‘Do not add anything to Kassebaum- one of us knows these people. We work nated against by the insurance indus- Kennedy. We want a clean bill. Do not with them. We worship with them. We try and the Senate voted it and the expand it.’’ And now they are saying see them in our grocery stores and in House refused to consider it and it has we have not expanded it enough. our school yards. been left out of this bill. There will be This seems to me as very, very All over America today parents are a motion to recommit. I urge all of my strange, and what it appears is that it working hard, sometimes working two colleagues to vote for that motion to is the moment that counts, not the jobs, three jobs to give their kids a bet- recommit because that will reinsert policies, not what we are doing. it is ter life. They deserve to have the peace parity for the mentally ill. the moment. And if they cannot be sat- of mind to know that if they change The gentleman from New Mexico [Mr. isfied at that moment about every- their job or they lose their job or if RICHARDSON] says one out of five people thing, they are going to complain. they have a preexisting condition they in this country are affected by mental We have a good bill here. It is a bill will never lose their health insurance. illness and that is an issue that ought that, unfortunately, we had to drop This bill takes an important step in to be dealt with. There is no excuse for malpractice out, but the trial lawyers’ that direction, but it needs to go fur- us letting the insurance companies dis- influence in the Senate caused that to ther. We should have accepted and it is criminate against people simply be- have to be dropped out. That is too bad a shame that we are not accepting the cause they have mental illness. because that, unfortunately, drives up Wellstone-Domenici compromise. It is No worse, or equally bad, in this bill the cost of health care. a provision that provides parity be- is the section on administrative sim- We had other provisions for small tween lifetime limits for mental illness plification, which aroused the insur- businesses that could unite nationally and lifetime limits for physical ill- ance companies to have an insurance to have competitive insurance, and nesses. data that can use your Social Security they forced that to be dropped out, but People with mental illness suffer number. This is the day that we voted this is a good bill, Mr. Speaker. enough. They should not be made to August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9793 feel ashamed when they ask for help. where the individual can control their cial Security numbers for this identifier. If So- Many of them are struggling to under- options. Now they want to add more. cial Security numbers are used for medical stand what is happening to their minds I guess consistency, I remember records' access virtually anyone will be able to and to their bodies. They struggle many years ago when the chairman of screen our most private medical history. This every day with a pain that is every bit the Committee on the Judiciary stood must be addressed either through corrective as real and every bit as punishing as a in the well and said, consistency is the legislation or Administrative action. physical ailment. hobgoblin of small minds. Perhaps he Mr. Speaker, I'm not going to vote against Many times it is not just the individ- was right, but I believe consistency is this bill and deny relief to so many Americans ual who is affected, it is the whole fam- important. just because of these concerns. But, I'm dis- ily. Just think of the pain of a young Mr. Speaker, I reserve the balance of tressed that we are being forced to swallow boy or a young girl or a parent, the my time. these anti-privacy provisions and I think its pain they must feel as they watch their Mr. STARK. Mr. Speaker, I yield shameful that the leadership has left out so mother or their child or their father such time as he may consume to the many of our needy citizens who need ade- struggle with an illness that throws gentleman from Oregon [Mr. DEFAZIO]. quate insurance coverage. I urge my col- them into a darkness that is so deep (Mr. DEFAZIO asked and was given leagues to take my concerns to heart and there does not seem to be a way out. permission to revise and extend his re- work with me in the future to correct these se- Mental illness is hard enough to live marks.) rious flaws. with. They should not be forced to face Mr. DEFAZIO. Mr. Speaker, I thank Mr. STARK. Mr. Speaker, I yield my- the additional burden of discrimination the gentleman for yielding. self the balance of my time. under the law. They should be treated Mr. Speaker, I plan to vote for the con- Under the rules, my motion to re- with the dignity and with the respect ference report to H.R. 3103 because it pro- commit is not debatable. I would urge that they deserve. The Wellstone-Do- vides needed relief for Americans by guaran- that my colleagues on both sides of the menici compromise moves us in that teeing portability of health insurance and limit- aisle support the motion to recommit direction. ing pre-existing condition exclusions. This is the Kennedy-Kassebaum agreement to Overall, this is a good bill, but we an important step in improving access to conference, a conference which has can make it better if we vote for the health care for individuals who were previously never existed, and to work out an ac- motion to recommit. I urge Members denied coverage. I am pleased to see the ceptable mental health amendment to stand with Senators WELLSTONE and Congress come together to ensure these mini- along the lines of the Domenici- DOMENICI. Say ‘‘shame’’ on the insur- mal protections. However, I remain disturbed Wellstone mental health parity com- ance companies that play games with by important provisions left out of the con- promise. people’s lives. Support the motion to ference report and by harmful provisions in the The gentleman from Texas is right. recommit and give all of our families bill which need to be corrected. We asked them not to load up the the security that they deserve. Mr. Speaker, for the past 3 months I have original Kennedy-Kassebaum bill with Mr. ARCHER. Mr. Speaker, I yield been trying to persuade my colleagues to in- Christmas tree giveaways to the drug myself 2 minutes. clude the Senate provisions on parity of men- companies, giveaways to Golden Rule Mr. Speaker, the gentleman has tal health coverage in the final version of H.R. Life, all of whom are big contributors made the statement that every publi- 3103. These provisions were inserted in the to the Republican Party. But as long as cation says that medical savings ac- Senate version of the health insurance reform that has been done and Members on counts are just for the healthy and the bill by an overwhelming vote of 68 to 32. this side are going to vote for the bill, wealthy. The facts are that I do not While the Senate conceded to a compromise I pose the question on the motion to know a one. The only comprehensive on the controversial House-passed medical recommit as to why the Republicans study that has been done was by the savings accounts provisions, there was no would deny mental health benefits at RAND Corporation and they said just comparable compromise on the mental health no cost. You have to explain that to the reverse. There was no adverse se- parity provisions. These is absolutely no relief every family who has a mental health lection. in this bill for the millions of Americans who illness in the family. There is not one shred of evidence suffer from mental illnesses. It is with great For relatively no or little cost at all, that I know of that MSAs are only for sadness that I am voting for health care legis- you are denying mental health cov- the healthy and the wealthy, but we lation which completely ignores this vulnerable erage to millions of Americans. I do can say anything we want to on this segment of our population. not know why you do that. There is no floor. Clearly, it does not have to be I want my colleagues and the American good reason. There is no good reason at supported by evidence. people to know that I'm not going to give up all except if you are trying to bail out Let me also say that it is ironic to on this issue. We have a majority of Senators the insurance companies because most me that on the one hand the statement who have gone on record supporting parity of your staff used to be lobbyists for is made, all we want was Kassebaum- coverage for mental illness. I was joined by them. Kennedy, do not add anything to it. over 100 Members of Congress, from both po- But what I am suggesting to you is That is what the President said right litical parties, in a letter to conferees support- that for less than 16 cents a thousand in this room in his State of the Union ing the Senate provisions. We will continue dollars of premium you can add mental Address. Do not add anything. Now the fight against discrimination by insurance health benefits to every employee in they are complaining because some- companies of people with mental illness and I this country. Why you would deny that thing has not been added to it. believe we will ultimately achieve a victory. escapes me. Why you would not take They had the opportunity then. They In addition, I am very concerned about a away the fear that somebody with a take a position today totally contrary provision in the conference report that threat- mental health illness would get the to what they took in the debate when en the continued privacy of our medical same treatment that somebody with a this bill was before the House. records. As Americans we cherish our fun- physical illness is, to me, obscene just They had the opportunity to offer a damental right to privacy. Over the past few to deny that for whatever reason. motion to recommit with mental decades we have seen this right chipped There has been no good reason of- health parity in it. What was their mo- away by technological advances we could fered to deny these benefits. Private in- tion to recommit? Kassebaum-Kennedy never foreseen. We have all seen how legisla- surance premiums would rise less than of the do not expand it, do not change tion ensuring the continued right to privacy sixteen one-hundredths of a percent; $5 it. Do not give anything else to any ad- has not kept up with these advances. This a year in deductibility. Yes, you will ditional people. conference report strikes another blow at our have different opinions from the health privacy by requiring administrative simplifica- insurance industry for whom your staff b 1930 tion of medical records without providing ade- have been captives, but the truth is Do not do anything on fraud and quate protections. The bill imposes national that if you were willing to provide fair abuse. Do not do anything on mal- standards for the collection and distribution of coverage and willing to go against the practice. Do not do anything to help data for billing purposes and requires the use interests of the big contributors to small business get lower premium costs of a `ùnique identifier'' for medical records. your campaigns, you would do the for their employees. Do not give MSAs Shockingly, it does not prohibit the use of So- right thing for the American people. H9794 CONGRESSIONAL RECORD — HOUSE August 1, 1996 You will have to face every mental voice vote and immediately following this country an increased insurance health group in this country, who will the passage of the bill, 100 to nothing, cost which would be astronomical, so say it is the Republicans who have de- the chairwoman and the ranking mem- there is a good reason that that is not nied mental health coverage to mil- ber, Senator KASSEBAUM and Senator in the bill. lions of American workers for the sake KENNEDY and others, went to the mike The second good reason is that the of big campaign contributions. That, to and said, ‘‘We are probably going to employers who provide health care and me, is an obscenity that I would not take this out in conference.’’ Because mental health care to their employees want to face in the political arena. everyone knew the amendment that all of a sudden would have a choice. The small businesses that you have was passed was simply an unworkable Your choice is, Mr. Employer, that you helped have been limited. The bailing piece of legislation. will start to increase your health care out of one drug company, which is also We sat down in conference and read costs astronomically because you are in the motion to recommit, is another it and realized it was totally unwork- including a provision in here that has example of payoffs from big drug com- able. However, the House, not having never gone through a committee in panies. Is there no humanity? any provision, said, ‘‘Senate, work it this House, did not go through a com- Your health bill was yesterday, when out. We will accept whatever you can mittee in the Senate, but somebody you denied access to any help to a mil- work out. It was your provision; you would like to throw it in. What hap- lion children. That was your health re- folks come to an agreement. We will pens, the employer says, ‘‘I always pro- form. Now you are going to deny men- accept what you can work out.’’ vided mental health for my employees, tal health coverage to the Americans One of the major discussions but the cost is so high I am not going who need it. All I can say is it is a throughout the conference was the to do it anymore.’’ shame, it is a travesty. Yes, people will Senators talking among themselves Who loses out? The people that lose vote for the limited expansions you about what the mental health provi- out in that provision are the people give to less than 400,000 people a year, sion was going to be. The chairwoman who for years were able to cover them- but no, why would you deny mental from Kansas offered Senator DOMENICI selves with mental health policies but health coverage to these people? the agreed-upon mental health provi- now, because of a provision that was Vote for the motion to recommit. sion and the Senator said, ‘‘I choose put in in the Senate at the last minute, You can do the right thing back in con- nothing.’’ without debate or anything else, on a ference quickly and then your bill It was the Senate’s choice, notwith- whim, was knocked out in conference might have some credibility. standing the vitriolic statements from committee. Mr. ARCHER. Mr. Speaker, I yield the gentleman from California. What is Who wins because of that? People myself 30 seconds in order to engage in in the bill is the Senate’s choice. It was who have to pay the bills, my col- a colloquy with the gentleman from a Senate provision. The conferences leagues, not the gentleman from Cali- California. I understand the gentleman said, let the Senate work its will. fornia, who advocated a big Govern- from California wishes to ask a ques- What is before this House is a con- ment health care takeover just 31⁄2 tion about what possible impact this ference report containing the Senate’s years ago or 4 years ago, or the gen- bill might have on Medicare bene- will on mental health. That is what is tleman from Washington, who advo- ficiaries. in front of us. The motion to recommit cated that we do the Canadian health Mr. STARK. Mr. Speaker, will the to change the Senate’s will is opposed care plan where the Government does gentleman yield? by this gentleman and opposed by ev- everything and we lose control of what Mr. ARCHER. I yield to the gen- erybody on this side because that is happens in health care in this country. tleman from California. not everything that is in the motion to So, Mr. Speaker, there is a reason Mr. STARK. Mr. Speaker, if the dis- recommit. The gentleman has other things happen around here, a good rea- tinguished gentleman is referring to provisions he chose not to speak about. son. I think we have a bill before us the MSA section of the bill, title III, Vote ‘‘no’’ on the motion to recommit. today that has some provisions in it. subtitle (a), it is my understanding Mr. ARCHER. Mr. Speaker, I yield I, again, was wondering why my good that Medicare beneficiaries are not the balance of my time to the gen- friend who is the minority whip from permitted to open an MSA account. Is tleman from Illinois [Mr. HASTERT], Michigan, he said we are just denying that the gentleman’s intention? who played such a big role in working moms and dads this ability to cover Mr. ARCHER. Yes, Mr. Speaker, no this conference report to where we themselves. I remember distinctly that Medicare beneficiaries are permitted to could get it on the floor. my good friend from Michigan denied enroll in MSA accounts. Mr. HASTERT. Mr. Speaker, I thank the Rowland-Bilirakis bill from coming Mr. STARK. Mr. Speaker, I thank the gentleman very much for the time. forward in this House 31⁄2 years ago, the gentleman. It wonders me when I listen to some when we would have given portability Mr. ARCHER. Mr. Speaker, I yield 2 of the arguments on the other side that to moms and dads who wanted to move minutes to the gentleman from Califor- insurance companies are holding down to better jobs, that wanted better op- nia [Mr. THOMAS]. the mental health parity issue. I will portunity. But they were denied that Mr. THOMAS. Mr. Speaker, I am tell my colleagues, the insurance com- because some Members in this House using this time during debate because, panies would love to have mental wanted to present a big Government as the gentleman from California [Mr. health parity because they would like takeover of health care, and they were STARK] said, there is no time to debate to have those premiums coming in. afraid that the Rowland-Bilirakis bill the motion to recommit. I have just The gentleman from Washington, would undercut that. seen the motion to recommit, and he who says it is terrible that we do not It is 31⁄2 years later, Mr. Speaker. was speaking about the mental health have mental health parity in the bill, I There is a bill here that will give peo- provision. I do think Members need to guess if I was a psychiatrist I would ple portability in health care. It will understand just what has gone on here, think it was terrible also. But that is a give the doctor the ability to tell his notwithstanding the absolutely out- provision that we do not have in the patient what the cost of a service is. rageous statements that the gentleman bill. That patient can choose, with his med- from California made, and perhaps he I will tell Members why. There are ical savings account, whether he wants got carried away with his own ‘‘elo- two groups of people who lose when we to go to this doctor or that doctor or quence.’’ put mental health parity in this bill. I that doctor because he knows what To review the bidding, there was no am talking about billions of dollars of something costs. He knows what the mental health provision in the bill that cost, not millions, not thousands, not problems are and he gets straight an- passed the House. We tried to work it hundreds, but billions of dollars of swers because he makes that decision, out. There was no compromising. Folks cost. not a third party payer someplace. were not willing to give on the Demo- First of all, to people who buy insur- To the gentleman from California, cratic side. ance policies, if mental health parity is that is going to save health care costs On the Senate side, there was an in that bill, it would cost the moms in this country billions and billions of amendment that was accepted by a and dads, the middle-class workers in dollars, something that you wanted to August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9795 deny when you wanted big health care Becerra Gillmor Murtha Herger McKeon Seastrand Beilenson Gilman Nadler Hilleary Metcalf Sensenbrenner to take over in this country. The bar- Bentsen Gonzalez Neal Hobson Meyers Shadegg ber in Illinois that told me awhile back Berman Gordon Oberstar Hoekstra Mica Shaw that he wanted deductibility for the Bevill Green (TX) Obey Hoke Miller (FL) Shays cost of his health care from his income Bishop Gutierrez Olver Horn Molinari Shuster Blumenauer Hall (OH) Ortiz Hostettler Montgomery Sisisky tax, we do that in this bill. We do a lot Blute Hall (TX) Orton Houghton Moorhead Skeen of good things for people. It is a good Bonior Hamilton Owens Hunter Myers Skelton bill, and I think it deserves the support Borski Harman Pallone Hutchinson Myrick Smith (MI) of this body. Boucher Hastings (FL) Pastor Hyde Nethercutt Smith (NJ) Browder Hefner Payne (NJ) Inglis Neumann Smith (TX) I thank the chairman and the chair- Brown (CA) Hilliard Pelosi Istook Ney Smith (WA) man of the Committee on Ways and Brown (FL) Hinchey Peterson (FL) Johnson (CT) Norwood Solomon Means and the chairman of the Com- Brown (OH) Holden Pomeroy Johnson, Sam Nussle Souder Bryant (TX) Hoyer Poshard Jones Oxley Spence mittee on Commerce and the Senate Bunn Jackson (IL) Rahall Kasich Packard Stearns staff and all our staff who worked to Cardin Jackson-Lee Rangel Kelly Parker Stenholm make this thing happen. Chapman (TX) Reed Kim Paxon Stump The SPEAKER pro tempore. Without Clay Jacobs Richardson King Payne (VA) Talent Clayton Jefferson Rivers Kingston Peterson (MN) Tate objection, the previous question is or- Clement Johnson (SD) Roemer Klug Petri Tauzin dered on the conference report. Clyburn Johnson, E. B. Rose Knollenberg Pickett Taylor (MS) There was no objection. Coleman Johnston Roukema Kolbe Pombo Taylor (NC) Collins (IL) Kanjorski Roybal-Allard LaHood Porter Thomas MOTION TO RECOMMIT OFFERED BY MR. STARK Collins (MI) Kaptur Rush Largent Portman Thornberry Mr. STARK. Mr. Speaker, I offer a Condit Kennedy (MA) Sabo Latham Pryce Tiahrt motion to recommit. Conyers Kennedy (RI) Sanders LaTourette Quillen Upton Costello Kennelly Sawyer Laughlin Quinn Volkmer The SPEAKER pro tempore (Mr. Coyne Kildee Schiff Lazio Radanovich Vucanovich NEY). Is the gentleman opposed to the Cramer Kleczka Schroeder Lewis (CA) Ramstad Walker conference report? Cummings Klink Schumer Lewis (KY) Regula Walsh Cunningham LaFalce Scott Lightfoot Riggs Wamp Mr. STARK. In its present form, yes. Danner Lantos Serrano Linder Roberts Watts (OK) The SPEAKER pro tempore. The de la Garza Leach Skaggs Livingston Rogers Weldon (FL) Clerk will report the motion to recom- DeFazio Levin Slaughter LoBiondo Rohrabacher Weldon (PA) mit. DeLauro Lewis (GA) Spratt Longley Ros-Lehtinen Weller Dellums Lipinski Stark Lucas Roth White The Clerk read as follows: Deutsch Lofgren Stockman Manzullo Royce Whitfield Mr. STARK moves to recommit the con- Dicks Lowey Stokes McCollum Salmon Wicker ference report on the bill H.R. 3103 to the Dingell Luther Studds McCrery Sanford Wolf Stupak McHugh Saxton Young (AK) committee on conference with instructions Dixon Maloney Doggett Manton Tanner McInnis Scarborough Zeliff to the managers on the part of the House, to Dooley Markey Tejeda McIntosh Schaefer Zimmer do everything possible, within the scope of Doyle Martinez Thompson the conference, (1) to modify Section 305 of Durbin Martini Thornton NOT VOTING—7 the Senate amendment relating to mental Edwards Mascara Thurman Brownback Lincoln Young (FL) health insurance parity so as to improve Engel Matsui Torkildsen Dickey McDade mental health care insurance while minimiz- Eshoo McCarthy Torres Ford Wilson Torricelli ing any impact on the cost or availability of Evans McDermott Farr McHale Towns b 2003 health insurance plans, and (2) to produce a Fattah McKinney Traficant conference report which confines itself to Fazio McNulty Velazquez Messrs. SAXTON, SKELTON, and VOLK- the differences between the bill as passed by Fields (LA) Meehan Vento MER changed their vote from ‘‘yea’’ to the House and passed by the Senate. Filner Meek Visclosky ‘‘nay.’’ Flake Menendez Ward Foglietta Millender- Waters Mr. JEFFERSON and Mr. HALL of b 1945 Forbes McDonald Watt (NC) Texas changed their vote from ‘‘nay’’ Waxman The SPEAKER pro tempore (Mr. Fox Miller (CA) to ‘‘yea.’’ Frank (MA) Minge Williams So the motion to recommit was re- NEY). Without objection, the previous Frost Mink Wise question is ordered on the motion to Furse Moakley Woolsey jected. recommit. Gejdenson Mollohan Wynn The result of the vote was announced Gephardt Moran Yates as above recorded. There was no objection. Gibbons Morella The SPEAKER pro tempore. The The SPEAKER pro tempore. (Mr. question is on the motion to recommit. NAYS—228 NEY). The question is on the conference The question was taken; and the Allard Canady Ewing report. Speaker pro tempore announced that Archer Castle Fawell Pursuant to House Resolution 392, the noes appeared to have it. Armey Chabot Fields (TX) the yeas and nays are ordered. Bachus Chambliss Flanagan This is a 5-minute vote. Mr. STARK. Mr. Speaker, I object to Baker (CA) Chenoweth Foley the vote on the ground that a quorum Baker (LA) Christensen Fowler The vote was taken by electronic de- is not present and make the point of Ballenger Chrysler Franks (CT) vice, and there were—yeas 421, nays 2, Barcia Clinger Franks (NJ) not voting 10, as follows: order that a quorum is not present. Barr Coble Frelinghuysen The SPEAKER pro tempore. Evi- Barrett (NE) Coburn Frisa [Roll No. 393] dently a quorum is not present. Bartlett Collins (GA) Funderburk YEAS—421 Barton Combest Gallegly Abercrombie Beilenson Brown (CA) The Sergeant at Arms will notify ab- Bass Cooley Ganske Ackerman Bentsen Brown (FL) sent Members. Bateman Cox Gekas Allard Bereuter Brown (OH) Bereuter Crane Geren Pursuant to the provisions of clause 5 Andrews Berman Bryant (TN) Bilbray Crapo Gilchrest of rule XV, the chair announces that he Archer Bevill Bryant (TX) Bilirakis Cremeans Goodlatte Armey Bilbray Bunn will reduce to a minimum of 5 minutes Bliley Cubin Goodling Bachus Bilirakis Bunning the period of time within which a vote Boehlert Davis Goss Baesler Bishop Burr Boehner Deal Graham by electronic device will be taken on Baker (CA) Bliley Burton Bonilla DeLay Greene (UT) Baker (LA) Blumenauer Buyer the question of agreeing to the con- Bono Diaz-Balart Greenwood Baldacci Blute Callahan ference report. Brewster Doolittle Gunderson Ballenger Boehlert Calvert Bryant (TN) Dornan Gutknecht The vote was taken by electronic de- Barcia Boehner Camp Bunning Dreier Hancock vice, and there were—yeas 198, nays Barr Bonilla Campbell Burr Duncan Hansen Barrett (NE) Bonior Canady 228, not voting 7, as follows: Burton Dunn Hastert Barrett (WI) Bono Cardin Buyer Ehlers Hastings (WA) [Roll No. 392] Bartlett Borski Castle Callahan Ehrlich Hayes Barton Boucher Chabot YEAS—198 Calvert English Hayworth Bass Brewster Chambliss Abercrombie Andrews Baldacci Camp Ensign Hefley Becerra Browder Chapman Ackerman Baesler Barrett (WI) Campbell Everett Heineman H9796 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Chenoweth Gunderson McIntosh Sisisky Tate Walker CONFERENCE REPORT ON H.R. 3517, Christensen Gutierrez McKeon Skaggs Tauzin Walsh Chrysler Gutknecht McKinney Skeen Taylor (MS) Wamp MILITARY CONSTRUCTION AP- Clay Hall (OH) McNulty Skelton Taylor (NC) Ward PROPRIATIONS ACT, 1997 Clayton Hall (TX) Meehan Slaughter Tejeda Waters Mrs. VUCANOVICH. Mr. Speaker, Clement Hamilton Meek Smith (MI) Thomas Watt (NC) Clinger Hancock Menendez Smith (NJ) Thompson Watts (OK) pursuant to the previous order of the Clyburn Hansen Metcalf Smith (TX) Thornberry Waxman House, I call up the converence report Coble Harman Meyers Smith (WA) Thornton Weldon (FL) on the bill (H.R. 3517) making appro- Coburn Hastert Mica Solomon Thurman Weldon (PA) priations for military construction, Coleman Hastings (FL) Millender- Souder Tiahrt Weller Collins (GA) Hastings (WA) McDonald Spence Torkildsen White family housing, and base realignment Collins (IL) Hayes Miller (CA) Spratt Torres Whitfield and closure for the Department of De- Collins (MI) Hayworth Miller (FL) Stearns Torricelli Wicker fense for the fiscal year ending Sep- Combest Hefley Minge Stenholm Towns Wise Condit Hefner Mink Stockman Traficant Wolf tember 30, 1997, and for other purposes, Conyers Heineman Moakley Stokes Upton Woolsey and ask for its immediate consider- Cooley Herger Molinari Studds Velazquez Wynn ation. Costello Hilleary Mollohan Stump Vento Yates Stupak Visclosky Young (AK) The Clerk read the title of the bill. Cox Hilliard Montgomery The SPEAKER pro tempore. Pursu- Coyne Hinchey Moorhead Talent Volkmer Zeliff Cramer Hobson Moran Tanner Vucanovich Zimmer ant to the order of the House of today, Crane Hoekstra Morella NAYS—2 the conference report is considered as Crapo Hoke Murtha having been read. Cremeans Holden Myers Stark Williams (For conference report and state- Cubin Horn Myrick NOT VOTING—10 Cummings Hostettler Nadler ment, see proceedings of the House of Cunningham Houghton Neal Bateman Ford Wilson Tuesday, July 30, 1996, at page H8958.) Danner Hoyer Nethercutt Brownback Graham Young (FL) The SPEAKER pro tempore. The gen- Diaz-Balart Lincoln Davis Hunter Neumann tlewoman from Nevada [Mrs. VUCANO- de la Garza Hutchinson Ney Dickey McDade Deal Hyde Norwood VICH] and the gentlemen from North DeFazio Inglis Nussle b 2015 Carolina [Mr. HEFNER] each will con- DeLauro Istook Oberstar So the conference report was agreed trol 30 minutes. DeLay Jackson (IL) Obey The Chair recognizes the gentle- Dellums Jackson-Lee Olver to. Deutsch (TX) Ortiz The result of the vote was announced woman from Nevada [Mrs. VUCANO- Dicks Jacobs Orton as above recorded. VICH]. Dingell Jefferson Owens A motion to reconsider was laid on GENERAL LEAVE Dixon Johnson (CT) Oxley Doggett Johnson (SD) Packard the table. Mrs. VUCANOVICH. Mr. Speaker, I Dooley Johnson, E. B. Pallone f ask unanimous consent that all Mem- Doolittle Johnson, Sam Parker bers may have 5 legislative days within Dornan Johnston Pastor PERSONAL EXPLANATION which to revise and extend their re- Doyle Jones Paxon Dreier Kanjorski Payne (NJ) Mr. DIAZ-BALART. Mr. Speaker, on rollcall marks on the conference report to ac- Duncan Kaptur Payne (VA) No. 393, I was inadvertently detained and company H.R. 3517, and that I may in- Dunn Kasich Pelosi missed the rollcall vote. Had I been present, I clude tabular and extraneous material. Durbin Kelly Peterson (FL) The SPEAKER pro tempore. Is there Edwards Kennedy (MA) Peterson (MN) would have voted ``yea.'' objection to the request of the gentle- Ehlers Kennedy (RI) Petri f Ehrlich Kennelly Pickett woman from Nevada? Engel Kildee Pombo PERSONAL EXPLANATION There was no objection. English Kim Pomeroy Mrs. VUCANOVICH. Mr. Speaker, I Ensign King Porter Mr. BATEMAN. Mr. Speaker, on rollcall No. yield myself such time as I may Eshoo Kingston Portman 393, I am advised I was not recorded as vot- Evans Kleczka Poshard consume. Everett Klink Pryce ing. Since I was present on the floor, I do not Mr. Speaker, The conference report Ewing Klug Quillen know why. Had I been recorded, I would have we present to the House today for mili- Farr Knollenberg Quinn voted `àye.'' Fattah Kolbe Radanovich tary construction, family housing, and Fawell LaFalce Rahall f base closure recommends a total appro- Fazio LaHood Ramstad PERSONAL EXPLANATION priation of $9.9 billion. This represents Fields (LA) Lantos Rangel a $1.2 billion, or 10-percent, decrease Fields (TX) Largent Reed Mr. GRAHAM. Mr. Speaker, on rollcall No. Filner Latham Regula from last year. The conference report Flake LaTourette Richardson 393, I was attending a committee markup. is $50 million below the House-passed Flanagan Laughlin Riggs Had I been present, I would have voted ``yea.'' level and is within the subcommittee’s Foglietta Lazio Rivers f Foley Leach Roberts revised 602(b) allocation. Mr. Speaker, the House conferees had Forbes Levin Roemer MAKING IN ORDER AT ANY TIME Fowler Lewis (CA) Rogers more than 200 differences to resolve, CONSIDERATION OF CON- Fox Lewis (GA) Rohrabacher representing over $1 billion. We have Frank (MA) Lewis (KY) Ros-Lehtinen FERENCE REPORT ON H.R. 3517, done so in an equitable manner. At the Franks (CT) Lightfoot Rose MILITARY CONSTRUCTION AP- Franks (NJ) Linder Roth same time, we held to our priorities PROPRIATIONS ACT, 1997, AND Frelinghuysen Lipinski Roukema and provided an additional $195 million Frisa Livingston Roybal-Allard CONFERENCE REPORT ON H.R. for troop housing and $271 million for Frost LoBiondo Royce 3845, DISTRICT OF COLUMBIA AP- family housing above the President’s Funderburk Lofgren Rush PROPRIATIONS ACT, 1997 Furse Longley Sabo request. Gallegly Lowey Salmon Mrs. VUCANOVICH. Mr. Speaker, I Overall, the agreement recommends Ganske Lucas Sanders Gejdenson Luther Sanford ask unanimous consent that it be in $4 billion for items related to family Gekas Maloney Sawyer order at any time to consider con- housing; $2.5 billion for the implemen- Gephardt Manton Saxton ference reports to accompany the bills tation of base realignments and clo- Geren Manzullo Scarborough H.R. 3517 and 3845, that all points of sures; and $3.2 billion for military con- Gibbons Markey Schaefer Gilchrest Martinez Schiff order against both conference reports struction. Gillmor Martini Schroeder and against their consideration be Mr. Speaker, the projects to be im- Gilman Mascara Schumer waived, and that both conference re- plemented with this appropriation are Gonzalez Matsui Scott Goodlatte McCarthy Seastrand ports be considered as read when called still subject to authorization. We have Goodling McCollum Sensenbrenner up. worked closely with the National Secu- Gordon McCrery Serrano The SPEAKER pro tempore (Mr. rity Committee in crafting this bill. Goss McDermott Shadegg NEY). Is there objection to the request This cooperation has been invaluable Green (TX) McHale Shaw Greene (UT) McHugh Shays of the gentlewoman from Navada? and I understand they support this Greenwood McInnis Shuster There was no objection. agreement. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9797 As always, I want to express my ap- been done in a bipartisan manner and tary personnel and their families. I preciation to all members of the sub- is an equitable compromise. urge my colleagues to support this con- committee and especially our ranking This bill represents an investment ference report. member, Mr. HEFNER, for this coopera- program that has significant payback in economic terms and in better living Mr. Speaker, I include the following tion in crafting this agreement. It has and working conditions for our mili- material for the RECORD: H9798 CONGRESSIONAL RECORD — HOUSE August 1, 1996 August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9799 H9800 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Mrs. VUCANOVICH. Mr. Speaker, I she has done a great deal in terms of be doing it for the last time. I want to wish her reserve the balance of my time. quality of life and in terms of assuring well and would like to personally thank her for I rise today in support of the military con- ourselves that from a military infra- the service that she has provided to this im- struction appropriations conference report, structure standpoint we have facilities portant subcommittee and this institution. I which was signed by all the conferees, and that are adequate not only to protect would also like to thank the ranking member has strong bipartisan support. the quality of life for our men and of the Subcommittee, BILL HEFNER, for his I also want to compliment the distinguished women in the Armed Services, but also help and assistance in bringing this legislation chairwoman of the Military Construction Sub- to protect our readiness. to the floor. committee for her fine work. Mrs. VUCANOVICH I wanted to rise, Mr. Speaker, and This bill provides nearly $10 billion in fiscal has worked hard to produce a good bill that pay tribute to her. This will be prob- year 1997 for military construction, family responds to needs of our service men and ably the last time, at least in terms of housing and military base closures. This bill women, and she has done so in a bipartisan a sole bill, and hopefully this bill is continues this House's commitment to funding fashion. She will be missed on both sides of going to be signed relatively soon, that initiatives that upgrade the quality of life for the aisle. Our service people and their families she will be presenting this legislation. the men and women of the armed forces and will also miss Mrs. VUCANOVICH, who worked As one who has had the opportunity to their families. so very hard for their well being. work with her, she has been a credit to Mr. Speaker, I would like to highlight a few The bill contains almost $10 billion in total this institution and a credit to her important projects in the bill that are important funding and responds to the highest priority State and a credit to our country. to the Air Force bases in my district. requirements of the Joint Chiefs and adminis- I also want to say, of course, that the The first project is the ongoing renovation of tration. gentleman from North Carolina, BILL the dormitories at Travis AFB. This bill pro- There has been a significant reduction in HEFNER, the ranking member, who has vides funding for one dormitory scheduled for funds for military housing with all the base clo- been the chairman of this committee, construction this year, and funding to speed sures, bottom up reviews and 5-year plans. I worked very closely with the gentle- up construction of a second dorm at Travis. am very pleased that the conference agree- woman from Nevada [Mrs. VUCANOVICH] Additionally, this bill includes $8.63 million for ment continues our bipartisan effort to address himself, is someone who has been a the construction of 70 multi-family housing the quality-of-life issues for both enlisted per- leader on behalf of the quality of life of units for enlisted personnel stationed at Travis. sonnel and families of military members, in- our men and women in the Armed This project goes a long way to improve Trav- cluding facilities in North Carolina. It may not Services. I rise in strong support of is' housing situation. The construction of the seem that glamorous to fund barracks, family this legislation and congratulate both dormitories are part of a base-wide project to housing and child care centers, but if you the chairman and the ranking member upgrade and improve base housing in order to have had any exposure to the military way of on their leadership in this effort. meet Air Force requirements. life, you know that providing a decent place to Mr. BLILEY. Mr. Speaker, I rise today in This bill also provides funds to replace Trav- live is an important factor in military readiness. strong support of H.R. 3517, the military con- is' underground fueling system. The system This bill also takes care of many other criti- struction appropriation conference report. I was designed to provide a quick and efficient cal needs of the Department including the want to especially commend chairwoman way to refuel two jets at one time. Travis cur- base closure construction and clean-up re- VUCANOVICH for the good work, and to let her rently relies on an underground system from quirements, critically needed medical facilities, know that this House will sorely miss her. the 1950's, which often fails because of elec- major new homeporting facilities and other Contained in the conference report is fund- trical shorts which occur after rainstorms. The operational upgrades. I'm pleased to see the ing which will allow the army to finish the plan- new fuel system is safer and more efficient report includes funding for both a hospital and ning and design work, and to purchase the than the fuel trucks on the runway. It will also a clinic badly needed at Fort Bragg, as well as land for the construction of a new national put an end to the occasional leaks which are completing an important land acquisition there. ground intelligence center (NGIC) in Char- so bad for the environment. It is an excellent bill and I urge all Members lottesville, VA. These upgrades are a clear sign that Travis to support this bipartisan conference report. The NGIC's mission is to produce scientific, is, and will remain, vital to Air Mobility Com- Mr. HEFNER. Mr. Speaker, I yield technical and general military intelligence on mand's mission. myself such time as I may consume. foreign ground forces. The NGIC currently oc- Mr. Speaker, this bill also provides for three Mr. Speaker, this is a very good bill. cupies six geographically separate buildings in projects at Beale AFB: the closure of Landfill We are happy with the end product Charlottesville. By all accounts, these facilities No. 2, the CARS Deployable Ground Station that we have here. I would just like to are woefully inadequate to fulfill the NGIC's Support Facility and 56 units of family hous- take this time to tell the gentlewoman vital mission. In 1986, an army corps of engi- ing. from Nevada [Mrs. VUCANOVICH], the neers facility requirement review concluded Funding for the closure of Landfill No. 2 will chairman, that we are going to miss that the Charlottesville facilities `àre grossly allow the base to comply with California stand- her in this body and congratulate her inadequate in virtually every parameter meas- ards governing landfills. Currently, Beale is out and the staff on a job well done on this ured.'' of compliance with California law. military construction bill. It is a very There are critical management inefficiencies The bill also will provide for the construction good bill. It enhances the quality of and costs associated with operating an intel- of a new home for the Contingency Airborne life for our military personnel. ligence organization spread out over six loca- Reconnaissance System [CARS] Deployable Mr. Speaker, I yield such time as he tions. In addition, the main building in down- Ground Station [DGS]. The DGS is an impor- may consume to the gentleman from town Charlottesville has serious structural and tant mission that provides Air Force command- Maryland [Mr. HOYER]. environmental safety shortcomings, as well as ers with a satellite downlink that provides criti- Mr. HOYER. Mr. Speaker, I thank electric power and mechanical deficiencies. cal information from the battlefield. The current the gentleman for yielding me this For many years, the army has been working facility is stationed in mobile trailers and is un- time. to build a suitable facility to house the NGIC. able to adequately support this mission. Fail- Mr. Speaker, I want to rise as well A number of studiesÐincluding the BRACCÐ ure to provide adequate support for this func- and express my admiration and respect have determined that relocation of the NGIC tion would significantly degrade CARS oper- for the gentlewoman from Nevada outside of Charlottesville is neither operation- ational capability to provide theater command- [Mrs. VUCANOVICH], the chairman of ally nor economically feasible. ers worldwide with dynamic, responsive intel- this subcommittee. She has done an Once again, I applaud chairman Vucanovich ligence support for battlefield management outstanding job both as a member of for her leadership is helping to give the NGIC and execution. the Subcommittee on Military Con- the facility that it so urgently needs. Finally, funding is provided for 56 family struction of the Committee on Appro- Mr. FAZIO of California. Mr. Speaker, I rise housing units on base. Funding for the 56 priations, and as chairman of that sub- in support of the Military Construction Appro- units of family housing at Beale is the second committee. I had the privilege of serv- priations Conference Report for fiscal year phase of a multi-year plan to eventually re- ing with her as a member of that sub- 1997. I would like to thank the chairwoman of place 1,700 family housing units on base. The committee for a number of years. Her this committee, BARBARA VUCANOVICH, who new housing will significantly improve the leaving the House will be a loss not has once again moved this bill swiftly through quality of life for those stationed on base. Cur- only to the House, but to the men and the Appropriations Committee and the con- rent housing facilities are substandard and are women of the Armed Services for whom ference committee, and I am sad to say will in need of being replaced. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9801 Mr. Speaker, each of the initiatives I have GENERAL LEAVE Mr. Speaker, there are four items I want to outlined will help maintain Travis AFB and Mr. WALSH. Mr. Speaker, I ask mention briefly. Beale AFB as critical defense assets and as unanimous consent that all Members First, on the abortion issue, the Senate re- may have 5 legislative days within integral parts of their respective communities. ceded to the House language that no appro- which to revise and extend their re- The projects that I have indicated are impor- priated funds, Federal or local, are available marks on the conference report to ac- tant to the ongoing missions at each base. for abortions except to save the mother's life, company H.R. 3845, and that I may in- In closing, I want to reiterate my support for or in cases of rape or incest. this important bill that provides for the quality clude tabular and extraneous material. of life for our troops and is vitally important to The SPEAKER pro tempore. Is there Regarding the domestic partners provision, maintaining military readiness. objection to the request of the gen- the House language was agreed to by the Mr. HEFNER. Mr. Speaker, I have no tleman from New York? conferees and provides that no funds, Federal further requests for time, and I yield There was no objection. or local, are to be used for a registration sys- back the balance of my time. Mr. WALSH. Mr. Speaker, i yield my- tem or to implement or enforce the District's self such time as I may consume. Domestic Partners Act. Mrs. VUCANOVICH. Mr. Speaker, I (Mr. WALSH asked and was given appreciate the kind words from the Mr. Speaker, our subcommittee is con- permission to revise and extend his re- gentleman from Maryland. It has been cerned about deficit spending by the District marks.) government and borrowing long term to fi- a great honor to serve this body and to Mr. WALSH. Mr. Speaker, I will be nance those deficits. We are urging the carry this bill. very brief. The conference agreement Mayor, the Council, and the control board to Mr. Speaker, I yield back the balance we bring to the House this evening is hold spending to the level of revenues col- of my time. essentially the same bill that was lected. The District cannot spend its way to The SPEAKER pro tempore (Mr. passed by this House 2 weeks ago. Our prosperity; nor can it borrow its way to pros- HAYWORTH). Without objection, the conference agreement includes $719 previous question is ordered on the million in Federal funds and is within perity. conference report. our 602(b) allocation in both budget au- And lastly, we have included an important There was no objection. thority and outlays. In District funds, provision regarding the Chief Financial Officer. The SPEAKER pro tempore. The we retain the ceiling of $5.108 billion on Language in section 142 makes clear that all question is on the conference report. total operating expenses, and we were financial personnel in the executive branch of Pursuant to the provisions of clause 7 successful in getting a deficit cap re- the District government, including all inde- of rule XV, the yeas and nays are or- duced to $74 million instead of $99 mil- pendent agencies and excluding the legislative dered. lion, as proposed by the consensus in and judicial branches, are under the exclusive Pursuant to clause 5, rule I, further the Senate bill. control of the CFO. The CFO is making proceedings on this question are post- Mr. Speaker, I want to thank the progress. It has been reported that the time poned until the end of consideration of members of the subcommittee for their delay in making vendor payments has been the conference report on the bill, H.R. hard work. This is a good conference reduced from months to between 30 to 45 3845. agreement. I urge the Members to sup- days. This is good progress. port it. f I would like to thank the members of the Mr. Speaker, this evening we have before sbucommittee for their hard work on this billÐ CONFERENCE REPORT ON H.R. 3845, the House the conference agreement on H.R. the gentleman from Texas [Mr. BONILLA], the DISTRICT OF COLUMBIA APPRO- 3845, the District of Columbia Appropriations gentleman from Georgia [Mr. KINGSTON], the PRIATIONS ACT, 1997 Act for fiscal year 1997. It is essentially the gentleman from New Jersey [Mr. same bill that was passed by this House 2 Mr. WALSH. Mr. Speaker, pursuant FRELINGHUYSEN], the gentleman from Wiscon- weeks ago with a few exceptions that I will to the previous order of the House, I sin [Mr. NEUMANN], the gentleman from Mis- highlight in a moment. call up the conference report on the sissippi [Mr. PARKER], the gentleman from Our conference agreement includes $719 bill (H.R. 3845) making appropriations California [Mr. DIXON], the ranking member on million in federal funds and is within our for the government of the District of our subcommittee and my predecessor as 602(b) allocation in both budget authority and Columbia and other activities charge- subcommittee chairman, the gentleman from outlays. able in whole or in part against the New York [Mr. SERRANO], the gentlelady from In Federal funds, the $719 million agreed to revenues of said District for the fiscal by the conferees is $1 million above the Ohio [Ms. KAPTUR], and the ranking member year ending September 30, 1997, and for amounts recommended in the bill as passed of the committee, the gentleman from Wiscon- other purposes, and ask for its imme- by the House and Senate. The efforts of the sin [Mr. OBEY]. diate consideration. gentleman from California [Mr. DIXON], the I want to especially thank the full committee The Clerk read the title of the bill. ranking member on our subcommittee, re- chairman, the gentleman from Louisiana [Mr. The SPEAKER pro tempore. Pursu- sulted in this $1 million being added to our bill LIVINGSTON], for his extraordinary efforts on ant to the order of the House of today, for the control board to contract with private this bill. He took time to participate in our the conference report is considered as entities to inspect, flush, and repair the drink- markups and meetings while still tending to having been read. ing water distribution system in the District. other important appropriations matters. (For conference report and state- There is a strong Federal interest in assuring Each of these Members is to be comment, see proceedings of the House of that those who visit, live, and work in the Na- mended. I also want to thank the House and earlier today.) tion's Capital have safe water to drink. Senate staff as well as my personal staff for The SPEAKER pro tempore. The gen- In District funds, we retain the ceiling of their hard work. tleman from New York [Mr. WALSH] $5.108 billion on total operating expenses for and the gentleman from California [Mr. fiscal year 1997, and we were successful in Mr. Speaker, at this point in the RECORD, I DIXON] each will control 30 minutes. getting the deficit cap reduced to $74 million will insert a tabulation summarizing the con- The Chair recognizes the gentleman instead of $99 million as proposed in the conference action. from New York [Mr. WALSH]. sensus budget and the Senate bill. [The tabulation referred to follows:] H9802 CONGRESSIONAL RECORD — HOUSE August 1, 1996 August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9803 H9804 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Mr. WALSH. Mr. Speaker, I reserve Agency's recommendation that the District We must eventually increase this deduction to the balance of my time. move swiftly to address the causes of ele- the 100 percent enjoyed by corporations, but Mr. DIXON. Mr. Speaker, I yield my- vated bacteria levels in the District's drinking for now, 80 percent is a great improvement. self such time as I may consume. water. The District has had five violations of The Health Coverage Availability and Afford- (Mr. DIXON asked and was given per- Federal water quality standards in the past ability Act does not involve a government mission to revise and extend his re- year, and simply does not have the staff or re- take-over of health care. It does, however, marks.) sources to address this problem in a timely solve specific problems in the current system Mr. DIXON. Mr. Speaker, the gen- fashion. The funds in this bill will enable the and institutes new ideas to help all Ameri- tleman from New York is correct. This Control Board to move swiftly to hire a private cansÐyoung and oldÐobtain health coverage. bill is substantially the same that left contractor to flush the District's drinking water I urge my colleagues on both sides of the the House. I can certainly support it. I system of bacteria and other pollutants, while aisle to support the bill and pass this much- would like to thank the gentleman the city develops a longer term plan to ensure needed reform. from New York and the Senator from that drinking water in the District remains safe. Mr. FAZIO of California. Mr. Speaker, I rise Vermont for their cooperation in this Mr. Speaker, overall, this conference agree- to express my strong support for the con- matter. It made the bill and the con- ment is a good agreement. I support it and ference agreement before us. ference go smoothly. I pay particular urge its adoption. The health insurance reform conference thanks to the gentleman from Louisi- Mr. Speaker, I have no requests for agreement will help tens of millions of Ameri- ana [Mr. LIVINGSTON], the chairman of time, and I yield back the balance of cans keep their health insurance when they the full Committee on Appropriations, my time. switch jobs, regardless of their health condi- for we were able to provide another $1 Mr. WALSH. Mr. Speaker, I yield my- tion. In addition, the conference agreement million for the District of Columbia to self such time as I may consume. contains an increase in the deductibility of clean the water pipes. This is an issue Mr. Speaker, I would also like to health insurance for the self-employed. that not only affects the residents of thank the gentleman from California This conference agreement addresses sev- the District and Federal employees, [Mr. DIXON], who served as chairman of eral fundamental problems in our Nation's but tourists and citizens that come this subcommittee, now serves as rank- health insurance system. First, if an employee from around the country. I want to ing member, for his cooperation, for his who has been covered by an employer's thank the gentleman from Louisiana staff’s cooperation. It was a remark- health plan for at least 18 months loses his or [Mr. LIVINGSTON] for that effort. able feat to complete this bill in less her job, or switches to a job that doesn't pro- Mr. Speaker, I rise in support of the con- than 3 weeks. It is due in no small part vide insurance coverage, that employee will ference agreement on the fiscal year 1997 to the cooperation we received from be able to buy insurance without exclusions District of Columbia appropriations bill. the Democrat side and from the Sen- for pre-existing medical conditions from any I want to congratulate the gentleman from ate. firm in the state that sells insurance. New York, Mr. WALSH, and Senator JEFFORDS Mr. TORKILDSEN. Mr. Speaker, I rise today I believe that this agreement represents an who chairs the D.C. Appropriations Sub- to urge my colleagues from both sides of the important first step in reforming our Nation's committee in the Senate, for their fine work in aisle to join me in support of the Health Cov- health care system. The General Accounting moving this bill in record time. Unlike last year erage Availability and Affordability Conference Office has found that about 21 million Ameri- when agreement on the 1996 bill was not Report. cans are uninsured because of pre-existing reached until 7 months after the start of the Statistics show that under current law, up to conditions. The common-sense portability pro- fiscal year, this year we have reached a bipar- 25 million Americans across the country are visions contained in this bill will make a real tisan agreement 2 months before the start of denied health insurance coverage because of difference in the lives of these uninsured work- the 1997 fiscal year. pre-existing conditions. Additionally, some 4 ers. This conference agreement is a fair and bal- million workers remain ``job-locked'' because So, too, will the provisions governing the de- anced agreement on the 14 differing items be- of the lack of health insurance portability. This ductibility of health insurance costs for the tween the House and Senate bills. The agree- is unacceptable. self-employed. Greater deductibility means ment adopts the $5.1 billion consensus budget It is inconceivable that, under current law, that those who already are insured will find it submitted by the District and the Control people with pre-existing medical conditionsÐ more affordable. Those who lack coverage will Board, but also caps the projected budget def- whose need for quality health care can be im- more easily be able to budget for this nec- icit at $74 million. This cap will put the District mediateÐcan be denied health insurance. essary expense. on a faster path toward a balanced budget, People should not have to live in fear that a Greater deductibility also ensures greater while giving the District and the Control Board change in jobs, or job loss, could deny them fairness in our tax code. Corporations have the flexibility to determine precisely what addi- continued health coverage. long enjoyed full deductibility for their employ- tional spending reductions can be made with- This bill is a bipartisan and common-sense ee's health insurance. This provisions will nar- out disrupting vital city services. solution. It doesn't solve every problem, but it row the gap between the self-employed and The conference agreement also strength- is a shining example of what can be accom- corporate employers, thereby reducing operat- en's the ability of the District's chief financial plished through compromise. ing expenses for America's small business officer to supervise and reorganize the finan- The key to health care reform is choice. men and women and increasing the number of cial personnel of the District's executive and Americans should be free to choose what type working families covered by health insurance. independent agencies. These are the individ- of insurance they wantÐand which doctors I am glad that the conferees, particularly uals who will be responsible for maintaining they wish to see. Medical Savings Accounts Senator KENNEDY and Congressman ARCHER, strong financial controls and accountability are one of the most innovative new choices in were able to negotiate a compromise on the within the District's bureaucracy. The con- health care, and it is encouraging that the medical savings accounts (MSA's) issue. The ference agreement makes it clear that Con- House and Senate were able to reach a com- compromise agreement on MSAs reflects the gress intends that these individuals serve promise to institute MSA's on a 4-year trial concerns that I, and many others, had about under the direction of the chief financial offi- basis. While MSA's clearly are not right for ev- the scope of MSA coverage. In addition, the cer. eryone, they are a bold new approach to compromise requires that Congress re-visit the Mr. Speaker, with regard to the funding re- health care reform. MSA's are one more MSA issue in four years to determined wheth- strictions on abortion and domestic partners, choice for people who need health insurance. er it should be extended or curtailed. the agreement continues the restrictions im- This Conference Report is also a major win This conference agreement presents us with plemented in the fiscal year 1996 bill without for the self-employed, in that it increases the an opportunity to enact health care insurance change. I continue to believe that these provi- percentage of their health insurance expenses reform legislation that will benefit millions of sions abridge the rights of the citizens of the that they can deduct from 30 percent to 80 hard-working Americans. I urge my colleagues District to make their own judgments about percent. Under current law, the self-employed to vote YES on the conference agreement. these matters through their own elected rep- are permitted to deduct a mere 30 percent of Mr. REED. Mr. Speaker, I rise in support of resentatives. I hope that we can remove this their health insurance costs, while corpora- passing meaningful and essential health care intrusion into home rule in the future. tions can deduct 100 percent. This is unfair. reform today. I am delighted that the conference agree- People who are self-employed should not be The conference agreement on H.R. 3103 is ment also includes $1 million in funding to discouraged from buying insurance because a positive first step to expanding access to comply with the Environmental Protection they are forced to pay a de facto tax penalty. health insurance for Rhode Islanders and August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9805 Americans across the nation. This legislation illness to receive accelerated death benefitsÐ tional premiumsÐliterally pennies per day. prohibits insurance companies from dropping often called viatical settlementsÐas tax-ex- This cost amounts to 3 cents per day per em- coverage when an individual changes jobs or empt benefits rather than income. This provi- ployee, or about $7 per year. It could have denying coverage because of a pre-existing sion would apply to settlements received after been completely offset by a negligible in- condition. In addition, this bill increases the tax December 31, 1996. crease in the annual deductible, so that busi- deduction for the self-employed from 30 per- I am disappointed in the conference agree- nesses would have paid nothing. cent to 80 percent by 2006. ment for what this bill does not do. It does not Unfortunately, House Republican conferees Enactment of this common-sense health re- make health insurance more affordable. In rejected even the modest proposal for parity form legislation has been delayed several fact, the medical savings accounts portion of on annual and lifetime caps. There is, as a re- months due to the insistence by the Repub- the billÐby taking the healthy and wealthy out sult, nothing in the conference agreement to lican Majority to attach many controversial proof the insurance poolÐmay make health insur- specifically address the fair treatment of per- visions, including Medical Savings Accounts ance more expensive. sons with mental illness. This is unacceptable. (MSA's), to the bill. The conference agreement In addition, this bill does nothing about the More than two-thirds of the Senate voted for contains a compromise that would make ability of insurance companies to exclude mental illness parity, and 116 Representatives MSA's available to a limited population for four types of treatment or cap coverage. The bill endorsed the Senate amendment. years. While I am concerned about the poten- also eliminates the Domenici-Wellstone mental Mr. Speaker, this Congress and the Repub- tial impact of this provision on our health care health parity provision and even a scaled-back lican conferees had a real opportunity to make system, I am pleased that Congress must compromise to expand mental health cov- a modest but meaningful effort to reduce in- pass new legislation to continue or expand erage. Responding to these needs is also part surance discrimination against persons with this MSA demonstration project. of what should be done to provide health care mental illness. That they chose to do nothing I am also disappointed that the conference security. at all is a lamentable rebuff to the millions of agreement does not contain the Domenici- While this bill will help about 400,000 Ameri- Americans who suffer from mental illness. We Wellstone amendment adopted during Senate cans with preexisting conditions who will bene- have to do better. consideration of this legislation. This amend- fit from the portability provisions, it will do Ms. HARMAN. Mr. Speaker, I rise today on ment would have required insurers and health nothing for uninsured Americans. The number behalf of moderation and bipartisan coopera- plans to provide coverage for mental illness of uninsured is projected to increase by an- tion and in strong support of the Health Cov- equal to that provided for physical health con- other million in the next year. The welfare bill, erage Availability conference report. ditions. It is my hope that future Congresses passed by the House yesterday, will add even After months and months of gridlock, we fi- will address this essential issue. more people to the ranks of the uninsured. nally have before us a solid health care com- The steps to correct our health care system Mr. Speaker, I urge a ``yes'' vote. Yet I am promise. This legislation shows what is pos- in H.R. 3103 is minimal, but needed reform also compelled to comment on how much this sible if we put partisanship behind us and which will alleviate the anxiety and suffering of bill has been weakened from the Kennedy- work from the sensible center for the better- many hard working families. However, more Kassebaum bill adopted by the Senate. We ment of our country. needs to be done to make health coverage af- have a long way to go before achieving true Over the last decade, thousands of high- fordable and available to more Americans. I health care reform. skill, high-wage workers in California's South remain committed to enacting comprehensive, Mr. MATSUI. Mr. Speaker, I would like to Bay have lost their jobs because of defense systemic health care reforms in order to slow express my disappointment with the failure of downsizing. While many successfully found cost increases in health care services and en- the conferees to include a provision address- new employment, some cannot obtain medical sure that all Americans have access to the ing the ongoing blatant insurance discrimina- insurance for themselves and their families be- quality health care they need. tion against the treatment of mental illness. cause of preexisting health conditions. This bill Ms. PELOSI. Mr. Speaker, I rise in support Millions of American men, women, and chil- generally prohibits insurers from excluding of the conference report on the Kennedy- dren, from every ethnic, economic, and age coverage of preexisting conditions and en- Kassebaum health care legislation. While I group, suffer from mental illness. We have sures that individuals would not lose their would have much preferred the bill adopted by made great progress in recent years in diag- health insurance coverage when they move the Senate, the advantages of this conference nosis and effective treatment of these debilitat- from one job to another. agreement outweigh the drawbacks. ing and sometimes life-threatening illnesses. The conference report's bipartisan character This bill will be very helpful to Americans Yet persons with mental illness must struggle is particularly apparent in the section authoriz- with preexisting conditions who may need to every day not just with their illness itself, but ing medical savings accounts. I'm pleased change jobs. It will allow them to move from also with the refusal of the Nation's insurance with the language establishing an MSA trial one group insurance plan to another without industry to end discriminatory coverage of program. This way we can collect accurate coverage being excluded because of a pre- their treatment. evidence on how MAS's affect the quality and existing condition. It will also allow people who There is no reason for this discrimination, scope of health coverage for everyone. lose their jobs to buy individual insurance with- other than stigma and ignorance. Study after Mr. Speaker, if we govern together from the out exclusion because of a preexisting condi- study has shown that parity coverage would sensible center, we will be successful. If we tion. save lives and money. The National Mental resort to partisan bickering, we are doomed to The bill contains an important provision Health Advisory Council reported to Congress failure. Americans want and deserve a Con- which states that the results of genetic testing in 1993 that parallel treatment of severe men- gress that works. This conference report is cannot be used as a finding of a preexisting tal and physical illness would actually save the evidence that it can. condition. This is an important first step in pro- national economy more than $2 billion every Mrs. LOWEY. Mr. Speaker, I rise in support tecting individuals from discrimination based year. of the Kennedy-Kassebaum health insurance on new genetic testing made possible by ad- In April, the Senate adopted by a vote of reform bill. While not perfect, this bill is a vances in biomedical research. 68±30 an amendment offered by Senator DO- major step toward improving the health secu- The bill also expands on a provision impor- MENICI and Senator WELLSTONE which speci- rity of hard-working Americans and their fami- tant to me and my district. Several years ago, fied that insurance plans had to impose the lies. I introduced legislation which became law ex- same limits on mental illness as physical ill- Mr. Speaker, Democrats have been working tending continuation group health coverage ness in areas such as patient cost sharing, on this issue for a long time. Senator KENNEDY under COBRA to individuals found to be dis- drug coverage, hospital stay duration, and an- and his colleague, Senator KASSEBAUM, intro- abled at the time that they stopped working. nual and lifetime caps. It did not prevent busi- duced their bill nearly a year ago today. The Under the provision, these disabled individuals nesses from managing mental or physical President endorsed the plan in his State of the could remain in group coverage for 29 health care. All it said was that insurers must Union address in January. Democrats in both monthsÐthe time it takes to qualify for Medi- apply the same restrictions on mental health Houses have been fighting for it ever since. care coverage. This bill improves this benefit care as they do to physical health care. The time has come to finally enact these re- by extending continuation coverage for those During conference, Senators DOMENICI and forms. that become disabled during their initial WELLSTONE scaled back their proposal to re- Mr. Speaker, we all know that the days of COBRA coverage until they are covered under quire equal coverage only for lifetime and an- having a 40-year career at a single company Medicare. nual caps. The Congressional Budget Office are over. Americans today change their jobs In addition, this bill includes an important estimated that the revised proposal would cost often, but can't take their health insurance with provision which allows individuals with terminal employers no more than .16 percent in addi- them. Too many hard-working Americans and H9806 CONGRESSIONAL RECORD — HOUSE August 1, 1996 their families have faced a troubling threatÐif allow people to set money aside in tax exempt and keep. That has been my primary goal in they change or lose their job, they lose their accounts to use for medical expenses. Later, my efforts to reform the health care financing health insurance. That is wrong. This bill will unused funds remaining in the accounts could system in America today. I believe that we give more Americans the peace of mind that be used for other purposes. What better in- must be vigilant on a wide variety of concerns they will continue to have access to health incentive could you ask for to make people bet- to help ensure that any health care reform surance, regardless of their job situation. ter shoppers and wiser users of health care? product that is passed by Congress satisfies In addition, this health reform bill will: pre- The medical savings account is a great idea. certain criteria. Some of the important objec- vent insurance companies from denying cov- Unfortunately, because the President ob- tives include universal coverage, comprehen- erage to Americans because they are sick; jected to the MSA concept, we had to scale sive benefits, strong cost containment, and help seniors suffering from Alzheimer's and back the availability of these accounts in this guaranteed access to high quality care for other chronic illnesses to afford the cost of bill. In the final bill, MSA's will be allowed on low-income, unemployed, and part-time em- long-term care; allow the self-employed to de- a 4-year test basis and be limited to 750,000 ployed people. Also, it is critical that the duct more of their health insurance costs; and policies. But I am confident that in less than 4 unique health needs of women, minority, and create a demonstration project to determine years, medical savings accounts will prove elderly populations are addressed. There whether tax-preferred medical savings ac- themselves and Congress will clearly recog- should additionally be some expansion of counts are a promising way to control costs nize their value and expand their availability. long-term care insurance market. and protect patients' choice of doctor. This is a good bill. It doesn't solve all our So, there is more work to be done to pro- While I strongly support this bill, I am ex- health care problems but it contains many vide fair and open access to health care for all tremely disappointed that it does not ensure worthwhile reforms and it is doable. I urge my children, individuals, and families. Until and that mental health benefits are treated like colleagues to vote for it. unless Congress can achieve meaningful other health benefits. The Senate unanimously Mrs. COLLINS of Illinois. Mr. Speaker, health care reform to provide for universal ac- supported mental health parity and nearly 100 HIPAA, HIPAA, Hurray. HIPAA stands for the cess to health care financing, there must be of my colleagues in the House expressed their Health Insurance Portability and Accountability Medicaid eligibility for the unemployed, unin- strong agreement. Sadly, it is not included in Act, the short title of H.R. 3103 for which we sured families who receive public assistance. this bill. Mental illness is no different from now consider a conference report. Hurray. We Mr. Speaker, I am disappointed that the pro- physical illness. It should no longer be stig- finally have some health care reform. I say visions for mental health parity did not survive matized. ``some,'' because we still have a long way to the conference because I believe that every I hope we can work to end discrimination go, but in this week of the 1996 summer person has a right to receive comprehensive against mental illness. For now, we must pass Olympics, we at least have gotten out of the physical and mental care under health care fi- this billÐfor it is a step forward for millions of starting blocks to provide improved access to nancing. Many States provide for mental American families. I urge my colleagues to health case financing for more Americans. health care coverage in their health insurance support this health insurance reform bill. The portability provisions agreed upon in plans and I believe that the Federal Govern- Mr. BUNNING. Mr. Speaker, I rise in sup- this conference report of H.R. 3103, will allow ment will eventually recognize the value for it port of the Health Coverage Availability and people who lose or change jobs to continue and will ensure national uniformity in that area. Affordability Act and urge my colleagues to their health insurance coverage. Now, even The health care reform covered in this con- vote for it. It is a good bill. with some preexisting condition, health insur- ference agreement is a good start. I urge my Two years ago, when the First Lady's mas- ance plans can only limit for so long a per- colleagues to support this conference agree- sive health care reform proposal was being son's waiting period before treatment for a ment. Mr. COLLINS of Georgia. Mr. Speaker, I considered and rejected by Congress, two preexisting condition could be coveredÐand, rise to support this health care bill that will things became clear. It was obvious that there no longer can pregnancy, birth, and adoption make health care more available and afford- was virtually no public support for a dramatic be considered prohibitions to immediate cov- able for millions of Americans. increase in the Government's involvement in erage. These are good steps toward universal This is a health care bill the American peo- our health care system. But it also became access and health insurance coverage for all ple have wanted for years. And this Congress clear that there were quite a few health care Americans, which I have long advocated. was able to accomplish this without a Govern- It looks like we finally have some relief from issues on which there was widespread agreement takeover of health care. ment. the special interests that control the health Two key provisions of this reform bill will This bill is the result of that consensus. It care delivery and financing system in this eliminate health coverage exclusions based on contains many of the reforms that are really country that left over 37 million American unin- pre-existing conditions and expand the port- needed in our health care systemÐreforms sured for health care. It has been well docu- ability of health care insurance plans for work- that people really want. It contains the reforms mented that it is hard-working middle-income ers. that we can all agree on. This bill does what families who were being squeezed out of de- American workers will no longer have to is doable in health care reform. cent health coverage. In this time of rampant fear losing their health care coverage if they The key element of this bill is something I corporate layoffs, losing your job or even change jobs. And, people can change jobs have been working on for several yearsÐleg- changing jobs can mean a devasting loss of without losing their health insurance even if islation to ensure portability of health care in- health insurance coverage for you and your they have a pre-existing condition. These are surance. Currently, too many people are family. major breakthroughs in health care. locked out of health coverage because they Small businesses with 25 employees or less We created Medical Savings Accounts to have some sort of chronic health problem or often found group coverage either allow small business employees and the self- preexisting condition. Our bill will solve the unaffordable or unavailable if any of their employed to make tax deductible contributions problem by eliminating preexisting condition workers were determined to be part of a high- to a savings account if they choose to pur- exclusions for people with prior health insur- risk category. Under this agreement, the small chase a high deductible health plan. ance coverage. This is a long overdue group employer market will be opened up. We increased to 80 percent the tax deduc- change. Title I of this conference bill provides for guar- tion self-employed individuals can claim for The Health Care Availability and Afford- anteed availability of coverage to employees health insurance. We included tax deductions ability Act does some other worthwhile things in the small group market. In layperson lan- for nursing home and home health care insur- too. It will also improve access to health insur- guage, that means that each insurer that of- ance and approved accelerated death benefits ance by raising the health care deduction for fers coverage in a small group market will which will provide Americans more access to self-employed from 30 to 80 percent, and by have to make all health insurance policies health care. allowing small businesses to form insurance available to all small employers and will have Finally, the legislation fights fraud and pools to get better rates for their employees. to accept for enrollment every eligible individ- abuse in the health care industry by creating It will allow tax deductions for long-term health ual within the same employerÐno longer will new criminal penalties and by increasing fund- care coverage; allow terminally ill patients to health insurance companies be able to pick ing for prosecutions and investigations. receive tax-free accelerated death benefits and choose, or discriminate, who will be al- I am pleased to learn that President Clinton from their insurance companies and create an lowed to have health insurance. announced he will sign this historic health re- exciting new concept called medical savings Especially at a time of growing economic inform legislation even though he had previously accounts. security and instability, we have been chal- threatened to veto the measure. I'm very excited about the potential for med- lenged to find ways to address these prob- This legislation is good, sound health care ical savings accounts. These accounts will lemsÐto make health coverage easier to buy policy. It provides a comprehensive approach August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9807 to providing market-based health care reform non-elderly Americans, were without health in- that the conferees agreed to a dem- that avoids the explosion of government bu- surance in 1994. This is in spite of the fact onstration program. Medical Savings reaucracy. that the United States spends far more per Accounts hold considerable promise, as Mr. COSTELLO. Mr. Speaker, I rise in sup- capita on health care than any other major na- they can make consumers more cost- port of the conference agreement on the tionÐaccording to 1993 estimates, national conscious and thereby reduce health Health Coverage Availability and Affordability health expenditures totaled $884 billion, or care costs. MSA’s give consumers a Act. While this bill is not perfect, I am pleased 13.4 percent of the gross domestic product. clear inventive to take a more active we have reached a bipartisan compromise on There are many reasons for this high rate of role in their health care. this important legislation. The conferees im- uninsurance. Increasing numbers of health in- But before MSA’s should be imple- proved the House-passed bill and I am hope- surance companies refuse to insure those with mented on a grand scale, I think it ful this body will now pass this conference re- pre-existing medical conditions or who work in makes sense to ensure MSA’s don’t port so it may be sent to the President. By high-risk jobs. Health care costs have driven have negative unintended consequences passing this bill, we will help millions of Ameri- up the cost of insurance, making it regarding the health insurance market cans relieve their anxiety about maintaining unaffordable. Rates for small businesses and or the health care choices that con- health insurance if they become unemployed the self-employed are extremely high due to sumers make. For example, I imagine or change jobs. their small risk pools. State mandates some- that none of us wants to see consumers This bill makes great strides toward protect- times load up policies with unnecessary or un- forgoing all preventive care in order to ing the health insurance converge of workers wanted benefits. Medical malpractice laws build up their medical savings ac- who face job-lock because of a fear of losing drive up the need for defensive medicine and counts. That is why the idea of a dem- medical benefits. By increasing portability, the expensive liability insurance for doctors. onstration program is such a reason- Congress is extending coverage to millions of I am delighted that the Congress was able able one. working Americans who might otherwise lose to work in a bipartisan way to achieve impor- This bill will make health insurance their health care benefits. tant health insurance reforms to address some more affordable for millions of Ameri- This bill makes modest, basic changes to of these problems. This bill is a composite of cans. It will expand the opportunities our health care system. It increases the port- sensible ideas which will have a substantial Americans have to secure health care ability of health insurance by prohibiting insur- impact on hard working Americans who seek for their families, and will provide pro- ance companies and Health Maintenance Or- to retain or obtain health insurance coverage. tection in these uncertain economic ganizations [HMO's] from denying health care The conference report retains the best of times. Health insurance reform is an coverage to workers who move to another the House and Senate proposals. It addresses idea whose time has finally come, and company or lose their jobs. Under the legisla- the availability of health insurance by making I hope this bill will pass with a wide bi- tion, insurers may not exclude coverage for sure health insurance is available for individ- partisan margin. pre-existing medical conditions for more than uals moving from group to group or group to Mr. POSHARD. Mr. Speaker, I rise in strong 1 year. individual coverage. These portability provi- support of the Kennedy-Kassebaum health in- The bill also raises from 30 percent to 80 sions will provide important protections for the surance portability conference agreement, be- percent the share of health insurance costs American people. It also guarantees the avail- cause this bill represents a bipartisan ap- that the self-employed could deduct for tax ability of insurance coverage to employ- proach to providing health insurance portability purposes. While I believe that health insur- ees in the small group market, and to millions of Americans. For too long, workers ance costs for the self-employed should be assures people in group health plans and their families have been denied continued 100-percent deductible, this provision is an im- that they cannot be excluded from cov- access to affordable and quality health insur- portant step in giving small business entre- erage or from renewing their coverage ance coverage simply because they lose their preneurs and family farmers more economic based on their health status. job or are found to be suffering from a pre-ex- security. The issue of affordability is addressed isting illness. This bill guarantees those indi- In addition, the legislation establishes a test by strong anti-fraud and abuse provi- viduals health coverage. pool of Medical Savings Accounts where for 4 sions—which are particularly impor- The bill also provides a long overdue in- years up to 750,000 Americans who usually tant given that an estimated 1 in every crease in the deductibility of health insurance have high-deductible insurance policies could 10 health care dollars is spent on fraud costs for this Nation's self-employed. I know instead contribute to these accounts. These or abuse. Some of the reforms include that in my very rural congressional district, contributions could be used to pay medical ex- establishing a national health care hundreds of farmers and their families have penses, but unused funds could accumulate or fraud and abuse control program to co- been shut out of being able to afford health in- remain the property of the contributor. I am ordinate Federal, State, and local law surance, because they were not able to de- pleased we are giving MSA's a test run to see enforcement to combat fraud with re- duct the cost of insurance at the same rate as if, in fact, such savings accounts are equitable spect to health plans; establish a Medi- corporations. While this bill does not level the to everyone in insurance pools. I have strong care Integrity program; increase crimi- deduction, it does move the deduction from 30 reservation about jumping to such a large nal penalties for fraud and abuse viola- to 80 percent. This increase will provide the fi- scale program without knowing if MSA's will tions under Medicare and Medicaid; es- nancial incentive to give farmers, the self-em- work. tablish a program to encourage individ- ployed, and their families the ability to afford These incremental yet important reforms are uals to report suspected cases of fraud quality health care insurance. the first step in fixing our health care system. and abuse in the Medicare Program; Additionally, Americans have not had the We must next work on providing adequate and among others opportunity to enroll in medical savings ac- affordable health care for the uninsured and In addition, the bill includes admin- counts. Coupled with catastrophic insurance to underinsured. This bill will help reduce the istrative simplification provisions cover serious illnesses, these private, tax de- number of uninsured Americans and allow which should also reduce costs. Uni- ductible accounts will pay for routine medical Congress to better target insurance reform in form standards for health information expenses. Medical savings accounts will en- the future. would enable the private sector to re- courage prudent choice by individuals in se- Mr. CASTLE. Mr. Speaker, I rise in strong duce paperwork—which accounts for an lection more cost-effective health care serv- support of the Health Coverage Availability estimated 1 in every 10 health care dol- ices. I believe the agreement's medical sav- and Affordability Act. This historic agreement lars spend—make it easier to identify ings account pilot program will demonstrate will address the health insurance needs of mil- fraudulent claims, and make it easier the necessity of providing not only small busi- lions of Americans. Those who want to for consumers to compare health plans ness owners and employees with this choice, change jobs, or who find themselves stricken and services. And it raises the health but all Americans. with a costly illness, or who find themselves insurance deduction for self-employed For those living and working in the 19th unemployed, will still be able to purchase af- individuals form 30 percent to 80 per- Congressional District, this bill will: fordable health insurance for themselves and cent by the year 2006, and provides tax Make it easier for people to keep their their families. incentives for the purchase of long health insurance coverage should they leave The magnitude of the health insurance prob- term care. or lose their job; lem today is substantialÐmillions of Ameri- The conference report also includes Prohibit health insurance companies from cans are without health insuranceÐ39.7 mil- an important innovation—Medical Sav- denying health coverage to individual with a lion non-elderly Americans, or 17 percent of ings Accounts. I am extremely pleased pre-existing illness; H9808 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Require insurance companies to offer at for political reasons, the majority would not let number of participants allowed in the program least two health insurance plans comparable the measure move through the legislative to not exceed 750,000. Only businesses of no to that of the companies' other plans to people process. more than 50 employees and/or the self-em- shifting from group to individual coverage; In fact, it is possible that the measure would ployed individuals are permitted to participate Create a 4-year pilot program to test medi- not have moved at allÐif it had not been for in the program. cal savings accounts on small business own- President Clinton's leadership and commit- This is definitely one of those provisions ers and employees; ment to meaningful health care reform. Each where the phase ``buyers beware'' must be Increase the deductibility of health insurance of us in this Chamber and in the Senate re- taken literally. After the 4-year period expires, premiums for the self-employed to 80 percent calls President Clinton calling for the passage people who participated in the MSA project from 30 percent; of the bill in his State of the Union Address in could continue. However, no new accounts Establish tax incentives to encourage the January. could be permitted unless new legislation was purchase of insurance for long-term care; and While the majority acknowledged the Presi- enacted to expand the time limit or to increase Tackles fraud and abuse within the health dent's instruction, their choke hold on the bill eligibility. care system. continued. In fact, because of continuing un- While I understand that the President is ex- As Co-Chair of the House Rural Health necessary roadblocks, the bill was not even pected to sign the bill, it is incumbent upon Care Coalition, I know this bill addresses voted on until late March. each of us to follow the MSA provision very many of the challenges we are facing in rural It is because of the President's and the carefully, as it is expected to increase the cost communities throughout America. I think our Democrats' continued pressure and steadfast of health care not reduce it. It is also incum- families and our businesses can look forward commitment to meaningful reform that we can bent upon each of us to continue to work to to meaningful changes in the way they pur- stand here today to vote on the conference to ensure adequate coverage for mental health. chase and use health insurance. This is a the health insurance bill. Mr. Speaker, while H.R. 3103 definitely is major step forwardÐbut we must not forget While I am extremely concerned that H.R. not comprehensive health insurance reform, the fact that millions of Americans are still 3103 does not include the mental health parity millions of Americans will benefit from the without health insurance, and health care provisions which were in the Senate bill and measure including small businesses and the costs continue to climb. which we know the American people want, self-employed. Serving as the line in the sand We have demonstrated here today that by and desperately need, and in fact which many from where we can begin to make real inroads working together we can accomplish what of us had fought hard to have included in the to meaningful health care reform, H.R. 3103 many believe are far off goals. I encourage my measure for, we can be pleased that the bill jump starts meaningful reform which is criti- colleagues on both sides of the aisle to use increases the portability of health insurance, cally needed to ensure millions of Americans this bipartisan agreement as an example as and gives families increased security with re- health care coverage that is accessible, afford- we continue to overcome the many other chal- gard to maintaining their health care coverage. able, and secure. While H.R. 3103 is not per- lenges facing our nation's health care system, We can also be pleased that H.R. 3103 does fect, it is workable and I look forward to work- this Congress and the American people. address pre-existing health conditions. H.R. ing with my colleagues to help further the en- Mr. HALL of Texas. Mr. Speaker, I rise 3103 frees the American people from job lock, actment of meaningful health insurance re- today in support of H.R. 3103, a health care as the measure denies health insurance com- form. Vote ``yes'' on H.R. 3103. Mrs. LINCOLN. Mr. Speaker, I rise today in reform bill that represents more than 6 years panies and HMO's from denying health care support of the conference report for the Health of hard work on the part of many Members of coverage to workers who change jobs and/or Coverage Availability Act. This important legis- Congress, beginning with Senator Bentsen in lose their jobs. These are critical provisions lation will address the millions of Americans the 102d Congress and continuing through the which those of us on this side of the aisle who lose their insurance coverage because of 103d Congress and now the 104th. have worked tirelessly to secure. job loss or because they suffer from a pre- I've had the opportunity to work on health More specifically, with regard to ``group-to- existing condition. care reform over the past 4 years through the group portability,'' the bill prohibits health in- Families in my home State of Arkansas Commerce Committee and through The Coali- surance companies and HMO's from excluding have grown increasingly anxious about the tion. Many of the provisions in the bill that we coverage for pre-existing conditions for more availability, portability, and cost of their own are considering today were included in pre- than 1 year for individuals with a health condi- private health coverage. And who would vious work, and I want to commend my col- tion for which medical advice, diagnosis, or blame them? Consider these staggering statis- leagues for finally bringing this legislation to treatment was given within 6 months prior to tics: the floor of the House for consideration. the individual becoming insured. The bill pro- There are over 40 million Americans without Health care is one of the most important vides that this 12-month period be reduced by health insurance. concerns of Americans, and this bill will help the period of time the individual was continu- Over 1 million working Americans have lost alleviate some of their greatest fears. Ameri- ously covered by a group health plan in their health insurance in the last 2 years alone. cans who want to pursue other job opportuni- previous job. Over 80 million Americans have preexisting ties or who lose their job are now free from With regard to ``group-to-individual port- conditions that could make it difficult for them the worry of losing their health insurance, and ability'', the conference agreement provides to maintain health coverage when they change those with pre-existing conditions are no that certain individuals who previously had jobs. longer faced with the nightmare of being un- group coverage would be able to obtain indi- The legislation before us today will help able to secure insurance coverage. vidual health coverage. Under the agreement, ease some of the fears and concerns our con- In addition, taxpayers will be able to pur- insurance companies would be required to stituents face. The bill would prohibit insur- chase long-term care insurance and deduct offer a choice of the two most popular policies ance companies from denying health care this as a medical expense. Terminally and they sell, or a choice of two policies that coverage to workers who move to another chronically ill citizens will be able to receive spread the risk. company, or who lose their jobs or become life insurance benefits prior to death without With respect to long-term care, H.R. 3103 self-employed. The conference report also paying taxes on them. And some citizens will permits a tax deductibility of long-term care bars insurers from excluding coverage for pre- have the opportunity to try an alternative to expenses, and allows those suffering from ter- existing illnesses for more than a year. traditional health insurance in the form of med- minal and chronic illnesses to receive life in- And I am extremely pleased to see that it ical savings accounts, which I support. surance benefits prior to death without paying would raise the amount of health insurance Mr. Speaker, these are important reforms any taxes on such benefits. premiums self-employed people can deduct that will offer much-needed relief to all Ameri- However, with regard to the medical savings from their Federal income taxes from the cur- cans. I believe that it will be one of the most account provision, I remain extremely con- rent 30 percent to 80 percent. As many of you important accomplishments of this Congress, cerned as well. While I and many of my col- may know, I introduced the Health Insurance and I urge my colleagues' support. leagues on this side of the aisle agreed with Equity Act which increases this deduction to Mr. STOKES. Mr. Speaker, I rise in support the Senate position that the measure should 100 percent. Although the increase to 80 per- of the long-awaited health insurance reform not include MSA's, the conference report does cent is substantial, I will continue to work to bill, H.R. 3103, entitled the Health Care Cov- include a trimmed-back House proposal. see this deduction increased to 100 percent. I erage Availability and Affordability Act. This Instead of allowing for blanketed MSA's as believe that the small businessmen and farm- measure was first introduced in the Senate by the majority in the House had hoped, H.R. ers, who are the backbone of the district I rep- our colleagues, Senators KENNEDY and KASSE- 3103 instead provides for a 4-year test period resent, deserve the same tax benefits allowed BAUM, over a year ago, on July 13, 1995. Yet, for medical savings accounts, and sets the larger businesses. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9809 I am proud that this body has come together their health insurance or not being able to ac- Crapo Horn Nussle Cremeans Hostettler Oberstar in a bipartisan fashion to produce this legisla- quire it. This protection is essential for the Cubin Houghton Obey tion that is worthy of our support. This con- women of Long Island, where instances of Cummings Hoyer Olver ference report before us makes positive steps breast cancer are among the highest in the Cunningham Hunter Ortiz towards ensuring that the millions of Ameri- country. With H.R. 3103 in place, these Danner Hutchinson Orton Davis Hyde Oxley cans who are in need of health insurance will women can be tested for BRCA±1, a gene de la Garza Inglis Packard be able to afford and keep it. linked to the disease, without fear of losing the Deal Istook Pallone Mr. CRANE. Mr. Speaker, in the last Con- insurance needed to meet their medical DeFazio Jackson (IL) Parker DeLauro Jackson-Lee Pastor gress, President Clinton set out to reform needs. Hopefully some of this testing may pro- DeLay (TX) Paxon health care by taking decision making power vide information regarding the cause of this Dellums Jacobs Payne (NJ) away from the individual and placing it in the disease, or a potential cure. Deutsch Jefferson Payne (VA) hands of a centralized bureaucracy. As a I urge my colleagues to support this bill and Diaz-Balart Johnson (CT) Pelosi Dicks Johnson (SD) Peterson (FL) member of the Ways and Means Health Sub- these reforms which will ease some of those Dingell Johnson, E. B. Peterson (MN) committee, I am proud to be a part of the worries of families who are already being Dixon Johnson, Sam Petri Congress that today is taking important steps squeezed by high taxes and falling wages by Doggett Jones Pickett Dooley Kanjorski Pombo towards reforming our health care system by ensuring availability, affordability, and account- Doolittle Kaptur Pomeroy taking power away from the bureaucrats and ability to those who received health care Dornan Kasich Porter giving it back to individuals. through their jobs. The American people de- Doyle Kelly Portman For example, the creation of Medical Sav- serve this and we owe it to them to pass it by Dreier Kennedy (MA) Poshard Duncan Kennedy (RI) Pryce ings Accounts [MSA's] will give individuals a wide bipartisan margin. Dunn Kennelly Quillen more rights and more responsibilities regard- Mr. WALSH. Mr. Speaker, I have no Durbin Kildee Quinn ing their health care. I have been a strong requests for time, and I yield back the Edwards Kim Radanovich supporter of MSA's, and I am pleased that Ehlers King Rahall balance of my time. Ehrlich Kingston Ramstad Senate Democrats have agreed with the The SPEAKER pro tempore. Without Engel Klink Rangel House and included MSA's in the conference objection, the previous question is or- English Knollenberg Reed report. dered on the conference report. Ensign Kolbe Regula Eshoo LaFalce Richardson It should be noted that this is not a perfect There was no objection. Evans LaHood Riggs bill by any means. I find it unfortunate that The SPEAKER pro tempore. The Everett Lantos Rivers malpractice reform was dropped, I believe the question is on the conference report. Ewing Largent Roberts MSA experiment is too restrictive, and I am Farr Latham Rogers Pursuant to the provisions of clause 7 Fattah LaTourette Rohrabacher concerned about the impact that guaranteed of rule XV, the yeas and nays are or- Fawell Laughlin Ros-Lehtinen issue will have on the market as a whole. dered. Fazio Lazio Rose While there are unquestionably further im- Pursuant to clause 5 of the rule I, Fields (LA) Leach Roth Fields (TX) Levin Roukema provements that can be made in our system further proceedings on this question Filner Lewis (CA) Roybal-Allard and even in this bill, we are taking a major are postponed until the end of the vote Flake Lewis (KY) Rush step forward. on the conference report on H.R. 3517. Flanagan Lightfoot Sabo When coupled with preexisting condition Foglietta Linder Salmon f Foley Lipinski Sanders and portability reform, I believe MSA's and Forbes Livingston Sanford other provisions in this compromise represent CONFERENCE REPORT ON H.R. 3517, Fowler LoBiondo Sawyer Fox Longley Saxton a dramatic, but carefully measured reform of MILITARY CONSTRUCTION AP- our health care delivery system. It is one that Franks (CT) Lowey Scarborough PROPRIATIONS ACT, 1997 Franks (NJ) Lucas Schaefer should be approved by Congress, applauded Frelinghuysen Luther Schiff by pundits, welcomed by the American public, The SPEAKER pro tempore. The Frisa Maloney Schroeder and signed by the President. pending business is the vote on the Frost Manton Schumer conference report on H.R. 3517. Funderburk Manzullo Scott Mr. LAZIO of New York. Mr. Speaker, I rise Furse Martinez Seastrand today in strong support of the conference re- The Clerk read the title of the bill. Gallegly Martini Serrano port to H.R. 3103, the Health Coverage and The SPEAKER pro tempore. The Ganske Mascara Shadegg Affordability Act of 1996, of which I am a co- question is on the conference report. Gejdenson Matsui Shaw Pursuant to the provisions of clause 7 Gekas McCarthy Shays sponsor. Gephardt McCollum Shuster Today, we are taking a long overdue step to of rule XV, the yeas and nays are or- Geren McCrery Sisisky help working class families across America, dered. Gibbons McDermott Skaggs This vote will be followed by a 5- Gilchrest McHale Skeen and in my home district of Long Island to ac- Gillmor McHugh Skelton quire and keep their health care coverage. minute vote. Gilman McInnis Slaughter For far too long, many Americans have wor- The vote was taken by electronic de- Gonzalez McIntosh Smith (MI) ried that losing a job or having a preexisting vice, and there were—yeas 396, nays 26, Goodlatte McKeon Smith (NJ) not voting 11, as follows: Goodling McKinney Smith (TX) condition would jeopardize the portability of Gordon McNulty Smith (WA) their health insurance. [Roll No. 394] Goss Meehan Solomon Because of this bill, workers will continue to YEAS—396 Graham Meek Souder have coverage if they change or lose their Green (TX) Menendez Spence Abercrombie Bilbray Camp Greene (UT) Metcalf Spratt jobÐeven with preexisting conditions. Ackerman Bilirakis Canady Greenwood Meyers Stearns As a result of our efforts today, health care Allard Bishop Cardin Gutknecht Mica Stenholm will become more affordable. H.R. 3103 tack- Andrews Bliley Castle Hall (OH) Millender- Stockman Archer Blumenauer Chabot Hall (TX) McDonald Stokes les the problem created by rampant fraud and Armey Blute Chambliss Hamilton Miller (CA) Stump lawsuit abuse that drives up the cost, and will Bachus Boehlert Chenoweth Hancock Miller (FL) Stupak increase penalties for those who commit fraud Baesler Boehner Christensen Hansen Minge Talent Baker (CA) Bonilla Chrysler and abuse. Importantly, this bill also increases Harman Mink Tanner Baker (LA) Bonior Clay Hastert Moakley Tate the health insurance deduction for self-em- Baldacci Bono Clayton Hastings (FL) Molinari Tauzin ployed individuals from 30 percent to 80 per- Ballenger Borski Clement Hastings (WA) Mollohan Taylor (MS) cent by 2006, and allows taxpayers to make Barcia Boucher Clinger Hayes Montgomery Taylor (NC) Barr Brewster Clyburn Hayworth Moorhead Tejeda tax-deductible contributions to a medical sav- Barrett (NE) Browder Coble Hefley Moran Thomas ings account. Bartlett Brown (CA) Coburn Hefner Morella Thompson An important feature of H.R. 3103 which Barton Brown (FL) Coleman Heineman Murtha Thornberry Bass Bryant (TN) Collins (GA) Representative NANCY JOHNSON and myself Herger Myers Thornton Bateman Bunn Combest Hilleary Myrick Thurman championed, is a provision which will eliminate Becerra Bunning Condit Hinchey Neal Tiahrt discrimination based on genetic information. Beilenson Burr Costello Hobson Nethercutt Torkildsen This would allow thousands of men and Bentsen Burton Cox Hoekstra Neumann Torres Bereuter Buyer Coyne women to undergo genetic testing needed to Hoke Ney Torricelli Berman Callahan Cramer Holden Norwood Towns preserve their health without fear of losing Bevill Calvert Crane H9810 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Traficant Ward Williams DeLauro Johnson, E. B. Pastor Everett Meyers Shadegg Vela´ zquez Watt (NC) Wise DeLay Johnson, Sam Paxon Fowler Mica Shays Vento Watts (OK) Wolf Deutsch Johnston Payne (NJ) Frank (MA) Miller (CA) Solomon Visclosky Waxman Woolsey Diaz-Balart Jones Payne (VA) Frelinghuysen Moorhead Stearns Volkmer Weldon (FL) Wynn Dicks Kanjorski Peterson (FL) Gillmor Nadler Stenholm Vucanovich Weldon (PA) Young (AK) Dingell Kaptur Pombo Gilman Owens Stockman Walker White Zeliff Dixon Kasich Pomeroy Goss Pelosi Stump Walsh Whitfield Zimmer Dooley Kelly Porter Hall (TX) Peterson (MN) Talent Wamp Wicker Doolittle Kennedy (MA) Portman Hamilton Petri Taylor (MS) Dornan Kennedy (RI) Poshard Hancock Pickett Taylor (NC) NAYS—26 Doyle Kennelly Pryce Hefley Ramstad Thornberry Barrett (WI) Gutierrez Roemer Dreier Kildee Quillen Hefner Roberts Thornton Brown (OH) Johnston Royce Dunn Kim Quinn Hilleary Roemer Tiahrt Bryant (TX) Kleczka Sensenbrenner Durbin King Radanovich Hoekstra Roukema Torkildsen Campbell Klug Stark Ehlers Kingston Rahall Inglis Royce Torricelli Collins (IL) Lewis (GA) Upton Ehrlich Kleczka Rangel Klug Salmon Upton Collins (MI) Lofgren Waters Engel Klink Reed LaHood Sanford Volkmer Conyers Markey Weller English Knollenberg Regula Laughlin Scarborough Weller Cooley Nadler Yates Ensign Kolbe Richardson Lazio Schaefer Williams Frank (MA) Owens Eshoo LaFalce Riggs Leach Schroeder Zimmer Evans Lantos Rivers Lofgren Schumer NOT VOTING—11 Ewing Largent Rogers McInnis Sensenbrenner Farr Latham Rohrabacher Brownback Gunderson Studds NOT VOTING—12 Chapman Hilliard Wilson Fattah LaTourette Ros-Lehtinen Dickey Lincoln Young (FL) Fawell Levin Rose Brownback Ford McDade Ford McDade Fazio Lewis (CA) Roth Chapman Gekas Studds Fields (LA) Lewis (GA) Roybal-Allard Dickey Gunderson Wilson b 2047 Fields (TX) Lewis (KY) Rush Edwards Lincoln Young (FL) Sabo Filner Lightfoot b Messrs. BRYANT of Texas, OWENS, Flake Linder Sanders 2059 AND LEWIS of Georgia changed their Flanagan Lipinski Sawyer Messrs. INGLIS of South Carolina, Foglietta Livingston Saxton vote from ‘‘yea’’ to ‘‘nay.’’ Foley LoBiondo Schiff TORKILDSEN, and COLLINS of Geor- Mr. FATTAH and Mr. MINGE Forbes Longley Scott gia changed their vote from ‘‘yea’’ to changed their vote from ‘‘nay’’ to Fox Lowey Seastrand ‘‘nay.’’ ‘‘yea.’’ Franks (CT) Lucas Serrano Franks (NJ) Luther Shaw b 2100 So the conference report was agreed Frisa Maloney Shuster to. Frost Manton Sisisky So the conference report was agreed The result of the vote was announced Funderburk Manzullo Skaggs to. Furse Markey Skeen as above recorded. The result of the vote was announced Gallegly Martinez Skelton as above recorded. A motion to reconsider was laid on Ganske Martini Slaughter the table. Gejdenson Mascara Smith (MI) A motion to reconsider was laid on Without objection, House Resolution Gephardt Matsui Smith (NJ) the table. Geren McCarthy Smith (TX) f 497 is laid on the table. Gibbons McCollum Smith (WA) There was no objection. Gilchrest McCrery Souder PERSONAL EXPLANATION Gonzalez McDermott Spence f Goodlatte McHale Spratt Mr. GEKAS. Mr. Speaker, on rollcall Goodling McHugh Stark No. 395, I happened to be on the tele- CONFERENCE REPORT ON H.R. 3845, Gordon McIntosh Stokes Graham McKeon Stupak phone at the time that the final vote DISTRICT OF COLUMBIA APPRO- Green (TX) McKinney Tanner was being taken. Had I been present I PRIATIONS ACT, 1997 Greene (UT) McNulty Tate would have voted ‘‘aye.’’ Tauzin Greenwood Meehan f The SPEAKER pro tempore (Mr. Gutierrez Meek Tejeda HAYWORTH). The pending business is Gutknecht Menendez Thomas CONTINGENT PERMISSION FOR Hall (OH) Metcalf Thompson the vote on the conference report on LEATHER BOUND VOLUME ON H.R. 3845. Hansen Millender- Thurman Harman McDonald Torres SPECIAL ORDER IN TRIBUTE TO The Clerk read the title of the bill. Hastert Miller (FL) Towns THE LATE HON. HAMILTON FISH, The SPEAKER pro tempore. The Hastings (FL) Minge Traficant JR. question is on the conference report. Hastings (WA) Mink Velazquez Vento Pursuant to the provisions of clause 7 Hayes Moakley Mr. RANGEL. Mr. Speaker, I ask Hayworth Molinari Visclosky unanimous consent that that portion of rule XV, the yeas and nays are or- Heineman Mollohan Vucanovich dered. Herger Montgomery Walker of the CONGRESSIONAL RECORD for July This is a 5-minute vote. Hilliard Moran Walsh 25, 1996, where Members were allowed Hinchey Morella Wamp to pay tribute to our colleague, the The vote was taken by electronic de- Hobson Murtha Ward vice, and there were—yeas 330, nays 91, Hoke Myers Waters late Hamilton Fish, that that portion not voting 12, as follows: Holden Myrick Watt (NC) be leather bound for distribution for Horn Neal Watts (OK) Members and the family of Hamilton [Roll No. 395] Hostettler Nethercutt Waxman Fish and that former members be given YEAS—330 Houghton Neumann Weldon (FL) Hoyer Ney Weldon (PA) notice an opportunity to insert their Abercrombie Blute Chrysler Hunter Norwood White tribute into the leather bound books. Ackerman Boehlert Clay Hutchinson Nussle Whitfield The SPEAKER pro tempore. (Mr. Armey Boehner Clayton Hyde Oberstar Wicker Bachus Bonilla Clement Istook Obey Wise HAYWORTH). Is there objection to the Baker (LA) Bonior Clinger Jackson (IL) Olver Wolf request of the gentleman from New Baldacci Bono Clyburn Jackson-Lee Ortiz Woolsey Ballenger Borski Coburn York? (TX) Orton Wynn There was no objection. Barrett (NE) Boucher Coleman Jacobs Oxley Yates Barrett (WI) Brown (CA) Collins (IL) Jefferson Packard Young (AK) The SPEAKER pro tempore. With the Bartlett Brown (FL) Collins (MI) Johnson (CT) Pallone Zeliff concurrence of the Joint Committee on Bass Brown (OH) Conyers Johnson (SD) Parker Bateman Bryant (TN) Costello Printing. Becerra Bryant (TX) Cox f Beilenson Bunn Coyne NAYS—91 Bentsen Bunning Crane Allard Browder Combest LEGISLATIVE PROGRAM Bereuter Burr Cremeans Andrews Burton Condit Berman Calvert Cubin Archer Buyer Cooley (Mr. ARMEY asked and was given Bevill Camp Cummings Baesler Callahan Cramer permission to address the House for 1 Bilbray Canady Cunningham Baker (CA) Campbell Crapo minute.) Bilirakis Cardin Danner Barcia Chambliss DeFazio Mr. ARMEY. Mr. Speaker, let me Bishop Castle Davis Barr Chenoweth Dellums Bliley Chabot de la Garza Barton Coble Doggett first advise the Members, and I do un- Blumenauer Christensen Deal Brewster Collins (GA) Duncan derstand how hard we are all working, August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9811 we are all anxious to complete our Mr. SOLOMON. Mr. Speaker, as I un- gust recess tomorrow. Further, the re- work to make our departures for our derstand it, the next item of business port has been available in committee August recess work period. will be the rule on the defense author- offices so Members and staff have had At this time I can only advise Mem- ization conference report. It is my in- ample time to review it. bers, to the best of my knowledge, we tention to only use 2 or 3 minutes and Mr. Speaker, this is a fair rule that should expect additional votes this then, when the manager on the Demo- provides for expeditious consideration evening within the hour. At any point crat side has done the same, we would of this critically important legislation. during the evening, when I find infor- then yield back our time and expedite I urge support of the rule. I will not mation by which I can advise other- this rule without a vote. bother to get into the details of the wise, I will ask for time to do so. But Mr. FROST. Mr. Speaker, will the bill. It has been debated at consider- my best advice at this point is we must gentleman yield? able length. We all know the contents. be prepared to stay for additional votes Mr. SOLOMON. I yield to the gen- Mr. Speaker, I urge prompt action on tonight, and I will keep Members in- tleman from Texas. the rule, and I reserve the balance of formed. Mr. FROST. Mr. Speaker, I cannot my time. I want to also express my apprecia- assure the gentleman that it will only Mr. FROST. Mr. Speaker, I yield 4 tion to the Members on both sides of be 2 or 3 minutes. It will not be the full minutes to the gentleman from New the aisle for your patience with these time. We do have a request by the gen- Mexico [Mr. RICHARDSON], our ambas- times being as they are. tleman from New Mexico for a col- sador at large, for the purposes of en- f loquy. We also have a request by the gaging in a colloquy. Mr. RICHARDSON. Mr. Speaker, I ranking member on the Committee on PERMISSION TO ENTERTAIN MO- rise for the purpose of entering into a Commerce for the opportunity to TIONS TO SUSPEND THE RULES colloquy with the gentleman from Col- ON WEDNESDAY, SEPTEMBER 4, speak. But we will move along as orado [Mr. SCHAEFER], the chairman of 1996 quickly as we can. the Subcommittee on Energy and Mr. ARMEY. Mr. Speaker, I ask Mr. SOLOMON. Mr. Speaker, a mini- Power. unanimous consent that notwithstand- mum amount of time on both sides. As the gentleman knows, the Waste ing clause 1 of rule XXVII, the Speaker f Isolation Pilot Plant in New Mexico may entertain motions to suspend the will have a direct impact on many of rules on Wednesday, September 4, 1996. CONFERENCE REPORT ON H.R. 3230, our constituents in that State. While I The SPEAKER pro tempore. Is there NATIONAL DEFENSE AUTHORIZA- support amending the land withdrawal objection to the request of the gen- TION ACT FOR FISCAL YEAR 1997 act, I would like to clarify some as- tleman from Texas? Mr. SOLOMON. Mr. Speaker, by di- pects of this amending language. Mr. FROST. Mr. Speaker, reserving rection of the Committee on Rules, I First, I have concerns about des- the right to object, I do not intend to call up House Resolution 498 and ask ignating November 1997 as the opening object. I would, however, like to clarify for its immediate consideration. date for the facility. If new health and with the distinguished majority leader The Clerk read the resolution, as fol- safety problems arise prior to start-up, our understanding of what the proce- lows: I want to be assured that resolving dure will be on Wednesday, September H. RES. 498 these concerns will take precedence 4, with regard to suspensions. over the opening date. It is our understanding that his office Resolved, That upon adoption of this resolution it shall be in order to consider the Secondly, the issue of proper over- will supply us with the final list of sus- sight is an important one. I want to en- pensions he intends to consider on Sep- conference report to accompany the bill (H.R. 3230) to authorize appropriations for sure that the EPA will have a full ca- tember 4 by noon on August 21st. We fiscal year 1997 for military activities of the pability to provide for the safe oper- have requested this information from Department of Defense, to prescribe military ation and regulation of WIPP. him in order to notify our Members in personnel strengths for fiscal year 1997, and Finally, I am concerned about the ex- advance just what bill will be under for other purposes. All points of order emption from RCRA no-migration consideration so that our Members who against the conference report and against its standards. As the gentleman knows, I consideration are waived. The conference re- are interested in debating the bills have advocated for the implementation could arrange to be here. It is our un- port shall be considered as read. of an independent review of EPA’s deci- derstanding that no additional bills The SPEAKER pro tempore. Pursu- sion to strike the RCRA no-migration will be added to this list without the ant to the rule, the gentleman from rules, possibly by the National Acad- unanimous consent of the minority. New York [Mr. SOLOMON] is recognized Mr. ARMEY. Mr. Speaker, will the emy of Sciences. I want to be assured for one hour. that the deletion of RCRA no-migra- gentleman yield? (Mr. SOLOMON asked and was given Mr. FROST. I yield to the gentleman tion standards will not result in a deg- permission to revise and extend his re- radation of environmental standards at from Texas. marks.) Mr. ARMEY. Mr. Speaker, the gen- WIPP. Mr. SOLOMON. Mr. Speaker, for the Let me say that I appreciate the tleman is absolutely correct in the way purposes of debate only, I yield the cus- he has stated it. We will supply that work of the gentleman. The work of tomary 30 minutes to the gentleman the gentleman from New Mexico [Mr. list by the 21st of August noon, and from Texas [Mr. FROST], pending which that indeed no other suspension would SKEEN] in responsibly moving this lan- I yield myself such time as I might guage forward. I do support the provi- be brought up except by additional consume. During consideration of this unanimous consent. And I would, sions affecting WIPP, but would appre- resolution, all time yielded is for the ciate any comment he has on these again, like to express my appreciation purpose of debate only. for the leadership on the minority side matters. Mr. Speaker, House Resolution 498 Mr. SCHAEFER. Mr. Speaker, will of the aisle for their cooperation in provides for the consideration of the working with us on this. the gentleman yield? conference report to accompany H.R. Mr. FROST. Mr. Speaker, I thank the Mr. RICHARDSON. I yield to the 3230, the National Defense Authoriza- majority leader, and I withdraw my gentleman from Colorado. reservation of objection. tion Act for fiscal year 1997. Mr. SCHAEFER. Mr. Speaker, I truly The SPEAKER pro tempore. Is there The rule waives all points of order thank the gentleman from New Mexico, objection to the request of the gen- against the conference report and and it has been a great pleasure work- tleman from Texas? against its consideration. It further ing with him on this particular situa- There was no objection. provides that the conference report tion. I do appreciate his concerns. A f shall be considered as read. timely opening of WIPP is very impor- The waiver includes a waiver of the 3- tant. It is equally critical that the fa- ORDER OF BUSINESS day layout rule, as the report was filed cility opens and operates in a very safe (Mr. SOLOMON asked and was given only Tuesday. This was necessary so manner. permission to address the House for 1 that the House could complete consid- First, the 1997 opening date is not a minute.) eration of this measure before the Au- hard, statutory requirement, but is H9812 CONGRESSIONAL RECORD — HOUSE August 1, 1996 contained in a sense of Congress state- ity will comply with the disposal regulations EPA, exercising her independent judgment, ment. Both EPA and DOE feel that this in accordance with public rule-making pro- determined the contents of the final criteria. date is achievable. Obviously the cedures. We believe EPA’s criteria are sound and will You specifically expressed concern about effectively protect public health and the en- health and safety issues are very, very the impact of the proposed legislation on the vironment. important, and language has been in- WIPP certification process. In particular, I want to assure you that EPA will keep cluded to reflect that the site should that review of individual chapters of the De- communication lines open as it undertakes meet all applicable health and safety partment of Energy’s (DOE) compliance ap- the public rulemaking proceeding to certify standards before disposal operations plication by EPA would require the Agency whether the WIPP facility will comply with commence. to commit to a position on the sufficiency of the final disposal regulations. We recognize This subtitle closely mirrors legisla- each chapter without public input. While it the importance of this matter to you and all is true that EPA will review individual chap- of the residents of New Mexico. tion already approved by the full Com- ters prior to receipt of the full application, If you have questions regarding this letter mittee on Commerce and preserves a the Agency will make no determination on or any other concerns, please contact Frank strong regulatory role for EPA at the adequacy of any part of the application Marcinowski of my staff at (202) 233–9310. WIPP. The facility is also regulated by until: 1) EPA has received the full applica- Sincerely, several other entities, including the tion from the department; and 2) public com- MARY D. NICHOLS, State of New Mexico. The combination ments have been considered. In fact, the Assistant Administrator for Air and Radiation. of these different regulators provides Agency has received the first of these chapters and placed it in the certification docket for a broad oversight and regulatory Mr. RICHARDSON. Mr. Speaker, I (No. A–93–02) on May 1, 1996. We will be pro- thank the gentleman. I support the base. viding written comments to DOE on these Finally, I can understand the gentle- provisions affecting WIPP. chapters. The written comments will also be Mr. FROST. Mr. Speaker, I yield my- man’s concerns about the no-migration placed in the public dockets. self such time as I may consume. standard. As he knows, I have always You also raised concerns about the effect Mr. Speaker, I rise in support of this felt that the Federal Government of the proposed legislation on the public’s opportunity to provide comment on DOE’s rule and this conference report, which should be held to the same environ- authorizes the programs which provide mental standards accepted by any application. As in the past, EPA will continue to foster an open public process. As for our Nation’s defense which is our other entity in America. This legisla- you will note in the final compliance criteria common defense. In these uncertain tion does meet that test. There will be (40 CFR Part 194), EPA will hold two 120-day times, which, as we all know, grow no loss of environmental protection, no public comment periods after it receives more dangerous every day, it is of vital impact on human health and safety, DOE’s full compliance application. The pro- importance that this component of our posed legislation will not affect the process and no reduction of the overall safety country’s protection continues to be standards under this language. established in the compliance criteria. Fur- thermore, EPA never planned for or created strong. Our foreign enemies—those who The EPA is confident that this regu- seek to disrupt and ultimately destroy latory regime will provide and protect any process for formal public comment on the completeness of the application. There- our democratic way of life—must know human health and the environment. I fore, since DOE is providing the Agency with of our commitment to a strong and ca- would like to enter into the RECORD individual chapters prior to submission of pable military able to protect this correspondence from EPA which does the full application, the public will have an great Nation. This conference report is express this view. additional opportunity to comment on, and a positive step in insuring that our I do so much appreciate the gentle- additional time to review, the individual military capability remains strong and chapters, via EPA’s public docket. man’s concern for his constituents, as I vigilant and I urge its adoption. would, and his cooperative work on the Additionally, you were concerned that the proposed H.R. 1663 removes the ability of the Mr. Speaker, the conferees have wise- subtitle. I also want to recognize the Administrator to enforce compliance of the ly dropped contentious social issues very valiant efforts of the gentleman WIPP with any law, regulation or permit re- from this agreement, and in doing so, from New Mexico [Mr. SKEEN], without quirement described in § 9(a)(1) of the LWA. have taken the proper course of action whose help we would not be here today. We feel that EPA’s ability to ensure compli- in ensuring that this authorization can Again, I appreciate the gentleman’s ance with these environmental laws is not be signed into law by the President. support and his allowing me to clarify compromised by removal of this provision While the funding levels are still sig- these matters. since: 1) the environmental laws described in nificantly higher than those requested, Mr. Speaker, I include for the the LWA contain their own enforcement provisions; and 2) 40 CFR Part 194 imposes re- I feel confident that this is a bill that RECORD the following correspondence: quirements that DOE perform remedial ac- can be signed. The increases in funding ENVIRONMENTAL PROTECTION AGENCY, tions if the administrator determines WIPP levels are not for frivolous projects, Washington, DC, May 15, 1996. to be in non-compliance with the transuranic rather they provide for faster acquisi- Hon. TOM UDALL, waste disposal standards. tion of important weapons systems Attorney General of New Mexico, Further, with regard to H.R. 1663, you ex- which had been planned for purchase in Santa Fe, NM. pressed concern about the WIPP being used later years. DEAR MR. UDALL: The purpose of this let- as a repository for transuranic wastes that The agreement does not contain pro- ter is to follow-up on our telephone con- did not result from a defense activity. The visions from last year’s vetoed bill versation of April 1, 1996, and respond to proposed legislation does not alter the defi- your letter of April 4, 1996, regarding the En- nition of exposure or capacity limits of ei- which had required the deployment of a vironmental Protection Agency’s (EPA) role ther remote- or contact-handled wastes set national missile defense system by the in the regulation of the Waste Isolation Pilot forth in the LWA. If EPA were to certify the year 2003, nor does it contain language Plant (WIPP). WIPP, this provision would allow for dis- which might have been a violation of The Administration is presently formulat- posal of a relatively small amount of waste the 1972 Anti-Ballistic Missile Treaty. ing its position on H.R. 1663, the ‘‘Skeen- from a site in West Valley, NY. If WIPP were As Members know, these issues, among Schaefer Bill’’ amending the WIPP Land capable of accepting this waste within the others, provoked a veto in 1993, and Withdrawal Act (Pub. L. 102–579). I appre- capacity limits of the LWA, it would be im- their exclusion this year certainly en- ciated hearing your views about the legisla- prudent to needlessly spend taxpayer money hances the chance that this agreement tion and am pleased we had the opportunity for a site similar to WIPP for such a small to discuss these important issues. The Agen- amount of transuranic waste simply because will become law. cy believes that the amended H.R. 1663 is a the process which generated the waste was This agreement contains provisions sound bill and makes critical improvements not defense related. which will require that the U.S. Gov- over its antecedent. As you are aware, the Lastly, I am disappointed that you have ernment live up to its obligations. The Skeen Bill, as originally proposed, severely elected to bring a legal challenge against bill contains a 3-percent pay raise for limited EPA’s regulatory oversight of WIPP EPA’s WIPP compliance criteria published military personnel and increases hous- and, we believe, did not provide adequate on February 9, 1996. The EPA considered the ing allowances. The agreement address- protection of human health and the environ- views of all interested parties, including the es a long and shamefully overlooked ment. Mr. Schaefer’s amendments retain comments and suggestions made by your of- EPA as the independent regulator of the fice, in deciding the contents of the final cri- matter by authorizing the award of the WIPP, eliminates extraneous requirements, teria. As you know, EPA held two public Medal of Honor to African-Americans and leaves intact the provisions of the 1992 comment periods totaling 135 days, and con- who served in World War II and who WIPP Land Withdrawal Act (LWA) that re- ducted a series of public hearings in New distinguished themselves by perform- quire EPA to certify whether the WIPP facil- Mexico. Ultimately, the Administrator of ing with gallantry above and beyond August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9813 the call of duty. The agreement also should be aware that this provision ap- Supporters of the provision may claim that it contains language which will finally plies not only to defense facilities but contains safeguards to ensure that the Federal recognize the sacrifice and heroism of also properties owned by the Depart- Government will perform cleanups after trans- those Vietnamese nationals who par- ment of Energy, the Department of the ferring its contaminated property to other per- ticipated in special operations in North Interior and any property under the sons. However, serious questions have been Vietnam or Laos on behalf of the Unit- controls of the General Services Ad- raised by State Attorneys General and other ed States Government and who were ministration. Unfortunately, this pro- stakeholders as to the adequacy and enforce- subsequently captured and imprisoned vision has not been subject to hearings ability of the supposed safeguards to ensure by the Communist Vietnamese. or examination by the authorizing that timely and protective cleanups will occur I am particularly pleased that the committees, and no one knows exactly after the Federal Government no longer owns conference agreement contains $1.5 bil- the level of peril which is imposed upon the property it contaminated. lion for continued development and ac- the people of this country. I am particularly concerned that this far- quisition of six V–22 Osprey tiltroter Equally important is the fact that it reaching and significant amendment to the aircraft, as well as funds for the acqui- has no discernible support except Superfund law is being made without any con- sition of six additional F–16 fighters. amongst the Federal polluters, and it sideration of its ramifications by the two com- The conference agreement includes $2 is interesting to note that people who mittees of jurisdiction, the Transportation and billion in funding for research and de- address the question of pollution of our the Commerce Committees, and without con- velopment for the next-generation tac- environment, and who are concerned sideration of the views of States, communities, tical fighter, the F–22. Also provided is about protecting the citizens of this and the public. Letters of opposition from the $2.4 billion for the acquisition of nine country from dangerously contami- Attorneys General of the States of Michigan, C–17 transport aircraft. All these air- nated and environmentally degraded Minnesota, Colorado, California, Texas and craft are important components in our areas have expressed particular con- Washington, and from the National Associa- national defense system and the concern. tion of Attorneys General and the Natural Re- ference is to be commended for funding The Department of Defense has pro- sources Defense Counsel, evidence the them in this agreement. vided no examples of the need for the public's grave concerns with this provision. Mr. Speaker, this is a fair rule and a sweeping provisions in section 334, but Moreover, there has been no demonstration of good bill and I urge their adoption. the attorneys general of the States of any need for the provision. If this provision becomes law, Congress will b 2115 Michigan, Washington, New Mexico, Texas, Minnesota, and Colorado have have eliminated any certainty that federally Mr. Speaker, I yield 2 minutes to the written to express their strong opposi- created toxic waste sites in our communities gentleman from Michigan [Mr. DIN- tion to this provision. On behalf of its will be cleaned up in a timely and protective GELL]. quarter-million members, the Natural manner. This provision goes in the wrong di- (Mr. DINGELL asked and was given Resources Defense Council has also op- rection. The Federal Government should be permission to revise and extend his re- posed this provision. Amongst other leading the way in cleaning up toxic waste marks.) concerns, these writers question the sites. Instead, we are making it easier for the Mr. DINGELL. Mr. Speaker, I rise in glaring absence of criteria for deter- Federal Government to avoid the cleanup re- opposition to the rule and to the con- mining the suitability of contaminated sponsibilities that we expect of private interference report. I do so mainly because Federal lands for transfer and the en- ests. This provision should be removed from the this bill could let the Nation’s largest forceability of cleanup requirements. conference report and considered by the com- polluter, the Federal Government, Indeed the level of cleanup required is mittees of jurisdiction with the appropriate more specifically the Department of in question, insofar as whether the hearings and markups. Defense, the Department of the Inte- cleanup would be adequate to protect rior, GSA, and the Department of En- Mr. Speaker, I also am very troubled by an the health and the environment of peo- amendment made in conference to another ergy off the hook. Under this provision, ple who would be affected and who live section 334 would directly amend provision in the report. The House bill required in the neighborhood. the Navy to develop and implement a program CERCLA, otherwise known as I urge a rejection of the rule, and I Superfund, a law that is squarely with- to monitor the ecological effects of organotin, urge a rejection of the conference re- a highly toxic ingredient in paints used on in the jurisdiction of the Committee on port. Commerce. Navy vessels. I agree that it is appropriate for Mr. FROST. Mr. Speaker, I yield the Navy to study the environmental impacts If my colleagues have defense or such time as he may consume to the other Federal establishments within of toxic materials it uses on its vessels. How- gentleman from Pennsylvania [Mr. ever, section 333 of the conference report their district, they better be very care- BORSKI]. ful before they vote for this legislation. adds a provision shifting to the Environmental (Mr. BORSKI asked and was given Protection Agency the obligation to pay such The legislation will change current law permission to revise and extend his re- to allow the Federal Government to sums as are necessary for the Navy to de- marks.) velop and implement its program. This raid on transfer contaminated property that it Mr. BORSKI. Mr. Speaker, I rise in EPA's budget to supplement the astronomical owns prior to the completion of the re- strong opposition to the rule and the budget of the Department of Defense is en- quired cleanup of the property. conference report on the Defense Au- Remember, this is contamination tirely unacceptable. thorization Act. Finally, Mr. Speaker, I would like to note my with high-level hazardous wastes, high- Mr. Speaker, I rise in strong opposition to understanding that section 324 of the con- level nuclear wastes and other terribly the rule and conference report on the Defense ference report, which amends the Act to Pre- dangerous substances. This provision Authorization Act for fiscal year 1997. I do so vent Pollution from Ships, is not intended to may actually delay the cleanup of con- principally because it could allow Federal limit the Navy's efforts in continuing to develop taminated Federal properties. This pro- agencies to abdicate their responsibility to and implement more efficient and environ- vision will impose upon citizens of this clean up hazardous waste sites and address mentally beneficial garbage disposal tech- country the possibility or even the other toxic conditions that they created. It nologies. probability that there are no adequate could dump onto States, local governments, Mr. FROST. Mr. Speaker, I have no or enforceable assurances that the and the public the burden of cleaning up fed- additional requests for time, and I cleanup will be completed by the party erally created toxic waste sites. This includes yield back the balance of my time. who buys the property in a timely some of the Nation's most contaminated haz- Mr. SOLOMON. Mr. Speaker, I have manner and in a way which is protec- ardous waste sites created by the Department no further requests for time, I yield tive of the human health and environ- of Defense and Department of Energy. back the balance of our time, and I ment. The provision should be of par- Section 334 of the conference report would move the previous question on the res- ticular concern to all of my colleagues fundamentally change current law by allowing olution. who have Federal properties in their the Federal Government to transfer contami- The previous question was ordered. district. nated federally owned Superfund sites before The resolution was agreed to. This is a defense authorization bill, completing cleanup necessary to protect A motion to reconsider was laid on and, if they vote for it, my colleagues human health and the environment. the table. H9814 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Mr. SPENCE. Mr. Speaker, pursuant ing many of the serious problems plaguing the was much improved over last year. My to House Resolution 498, I call up the administration's inadequate modernization pro- colleagues will remember that the conference report on the bill (H.R. gram to ensure that our troops of tomorrow president warned that if certain ac- 3230), to authorize appropriations for maintain the technological edge they enjoy on tions were not taken on the fiscal year fiscal year 1997 for military activities the battlefield today. 1996 bill, that he would have to veto it, of the Department of Defense, for mili- The conference report itself is consistent and that is indeed what happened. tary construction, and for defense ac- with the Fiscal Year 1997 Budget Resolution This year, several of the major con- tivities of the Department of Energy, and provides $265.6 billion in budget authority cerns of the administration were at- to prescribe personnel strengths for for Department of Defense and Department of tended to as this bill was worked out in such fiscal year for the Armed Forces, Energy programs. It authorizes approximately conference. For instance: and for other purposes. $1.1 billion less in defense spending than the The section that would require uni- The Clerk read the title of the bill. House-passed bill, and represents a real de- lateral enactment of the ‘‘dem- The SPEAKER pro tempore (Mr. cline in spending of approximately 2.1 percent onstrated capability’’ standard for U.S. HAYWORTH). Pursuant to House Resolu- over current levels. The fact that this bill au- compliance with the ABM treaty, along tion 498, the conference report is con- thorizes defense spending at a level that is with the prohibition on the use of sidered as having been read. $11.2 billion greater than the President's re- funds to apply any other standard was (For conference report and state- quest yet still reflects spending decline, dropped. ment, see proceedings of the House of speaks volumes about the extent to which the The section that would require Sen- Tuesday, July 30, 1996, at page H 8985). President's defense budget is underfunded. ate approval of any succession agree- The SPEAKER pro tempore. The gen- On the major issues the conference has to ment adding new parties to the ABM tleman from South Carolina [Mr. addressÐissues such as abortion, depots, treaty was dropped. SPENCE] and the gentleman from Cali- gays in the military, theater missile defense The section that would again, Mr. fornia [Mr. DELLUMS] each will control demarcation, ABM Treaty multilateralization Speaker, require the discharge of 30 minutes. among othersÐthis conference report clearly servicemembers who are HIV-positive The Chair recognizes the gentleman represents a compromise among many inter- was dropped. from South Carolina [Mr. SPENCE]. ested parties, including the administration. On The section that would reinstate the (Mr. SPENCE asked and was given balance, this conference report strikes a good total ban on gay men and lesbians in permission to revise and extend his re- balance between many competing and con- the military was dropped. marks.) flicting interests and deserves the support of However, Mr. Speaker, the President Mr. SPENCE. Mr. Speaker, in an ef- all members. has also warned that there are other fort to expedite these proceedings, it I will leave discussion of the many important problems with the bill—foremost will be my intention to limit my re- initiatives in the conference report to my col- among them a spending level author- marks and also those of the other leagues on the National Security Committee ized by this bill which in this gentle- members of our committee who are who have worked very hard over the past sev- man’s opinion is too high. going to speak. I know everyone is anx- eral weeksÐand really since this process Also: ious to get to a vote in a hurry, and so started back in FebruaryÐto get this con- The section that would repeal the we will do our best to get there. There ference report to the floor this week. In par- provision in law that prevents service- will be about two speakers we have to ticular, I would like to recognize the diligence, women from obtaining safe abortions her from to carry on a colloquy and dedication and cooperation of the subcommit- at military treatment facilities over- some important things to be said, but tee and panel chairmen and ranking members. seas was dropped from the bill in con- aside from that we are going to try to As always, I would also like to thank the ference. limit our remarks. gentleman from California, the committee's The section that prevents the sale of Mr. Speaker, we have a good con- ranking member, for his cooperation. While we constitutionally protected literature ference report. As a matter of fact, may disagree on the substance, my col- on military bases was retained in the there is $1.1 billion less in spending in league's support of the committee institution- bill. that bill that passed the House. Like ally and his support for the process improves As onerous as these and some other all conference reports, there were con- the work we all do. provisions in the bill are, and a number Finally, Mr. Speaker, let me thank the staffs cessions on both sides in order to ar- of my colleagues in the context of the of the National Security Committee and the rive at a conclusion. discussion and debate on the rule al- Senate Armed Services Committee. They The Department of Defense, I have luded to many of them, I believe that have worked tirelessly all year so that we been in touch with them. Secretary the President will in the end sign this could have this conference report before the Perry supports this report. bill. House and Senate prior to the August recess. I want to thank all of the members of Mr. Speaker, as I said, I oppose this They have done an outstanding job on a large the committee and the panel, panel conference report. I do so primarily be- and complex piece of legislationÐand in chairmen for all they have done to cause the funding level that is author- record time. bring this report to us and especially ized by this bill is a substantial and un- Mr. Speaker, raising and maintaining the the staff who have worked hard and necessary increase over what was re- military is one of Congress's most fundamen- long into the wee hours of the morning quested by the administration for de- tal responsibilities. This conference report re- to enable us to get to this point this fense spending in the coming fiscal flects the seriousness with which the National soon. We have set a record, I think, for year. I believe that this authorization Security Committee takes its responsibility. As bringing this report back in the period bill in its entirety takes this country’s a result, it has strong bipartisan backing in of time, and so I am going to also military spending, trends and policy both the House and the Senate as well as the thank the ranking minority member, initiatives in the wrong direction. The support of the Secretary of Defense so I urge the gentleman from California [Mr. overall budget represents increased all of my colleagues to vote ``yes.'' DELLUMS] for his cooperation. We could Mr. Speaker, I reserve the balance of military spending on items not re- not have been here otherwise without my time. quested by either the administration or that. Mr. DELLUMS. Mr. Speaker, I yield the service chiefs. Like the House-passed bill, the conference myself such time as I may consume. This is not only unwarranted, Mr. report takes a balanced approach toward ad- Mr. Speaker, we too will attempt to Speaker, it is shortsighted. It will only dressing the numerous quality of life, readi- expedite the process although I do have lead to large cuts in defense in the out- ness, and modernization problems our military a few Members who choose to speak years as the funding tails associated is facing today. The bill provides for military and exercise that option to do so. with these programs come due. As a personnel and their families who represent the Mr. Speaker, I Rise in opposition to consequence, we are insuring that we heart of the all-volunteer force. It enhances the conference report on the National will soon be faced with the decisions core military readiness by increasing funding Defense Authorization Bill for fiscal that will result in either cuts in the for a number of underfunded key readiness year 1997. quality of life programs combined with and training programs. And like last year's bill, First, let me say that the process by reductions in force structure or cuts in it once again makes great strides in address- which this bill was shaped this year planned modernization programs which August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9815 will have to be done in midstream re- But I am disappointed in two in- Mr. Speaker, it has been a wonderful sulting in more cost to the taxpayers. stances, Mr. Speaker. We should have ride for me over the last 28 years. I sup- Ironically, Mr. Speaker, and I would had the ABM provisions in here dealing port this legislation. reemphasize ironically, this will be with multilateralization and with the Mr. SPENCE. Mr. Speaker, I yield causing the very situation we all demarcation issue. But all is not lost, such time as he may consume to the agreed that we meant to prevent; that because in the compromise with the gentleman from Colorado [Mr. is, the work that Members thought had Senate we remained silent. We took HEFLEY]. been accomplished over the last 2 years out our language and they took out (Mr. HEFLEY asked and was given will eventually be negated because of their language. permission to revise and extend his re- this spending binge. What does that mean, Mr. Speaker? marks.) With these remarks, Mr. Speaker, I That means prevailing law is the case. Mr. HEFLEY. Mr. Speaker, I rise in strong respectfully reserve the balance of my When this administration attempts to support of the conference agreement on H.R. time. amend the ABM Treaty, they must 3230, the National Defense Authorization Act Mr. SPENCE. Mr. Speaker, I yield 3 bring back those changes to the appro- for Fiscal Year 1997. minutes to the gentleman from Penn- priate bodies of this institution, the This bipartisan legislation will make signifi- sylvania [Mr. WELDON] cant improvements in our military installations (Mr. WELDON of Pennsylvania asked Congress, to achieve support and ratifi- cation. and facilities. and was given permission to revise and The conference agreement would add $850 extend his remarks.) So when this administration tries to dumb down our capabilities through million above the President's request for mili- b 2130 demarcation negotiations in Geneva or tary construction and military family housing Mr. WELDON of Pennsylvania. Mr. through the multilateralization of the programs. When the bill left the House, it Speaker, I thank my friend and chair- ABM Treaty, the Senate will have a strongly emphasized needed enhancements of man of the committee for yielding rightful role to play in approving those the quality of life for military personnel and time to me. changes before they in fact become their families. The conference agreement on Mr. Speaker, I thank both the chair- law. So all is not lost. military construction reflects the philosophy of man and the ranking member for their I applaud once again my chairman the House position. cooperation in bringing forth what I for the outstanding job he has done for Sixty percent of the added funding above think is an excellent bill that we all our subcommittee chairman. I think the line will be dedicated to military housing should get behind and support. It is an we have a good bill here that everyone and other quality of life improvements. Earlier excellent bill because it deals with the should get behind. It may not be per- this week, the Subcommittee on Military Instal- quality-of-life issues, issues involving fect, but it certainly deals with the lations and Facilities which I chair, held a pay raise, cost of living, housing, child needs of those men and women who are hearing on the quality of life issue. The senior care, and all those things that are im- serving our country today. enlisted officers of the military services testified about the link between the quality of life portant for our military personnel Mr. DELLUMS. Mr. Speaker, I yield 2 for military personnel, retention, and readi- around the world. minutes to the distinguished gen- It also deals with our readiness prob- ness. tleman from Mississippi [Mr. MONT- lem to make sure our troops are prop- We also heard from a very articulate group GOMERY]. erly prepared. of dedicated military spouses who spoke (Mr. MONTGOMERY asked and was Mr. Speaker, I rise today, however, about the practical problems they face in mili- given permission to revise and extend to ask for the support of our colleagues tary life. No one who heard their stories could his remarks.) because it deals in a real way with the ever suggest that the additional housing, child two major threats that I think we face Mr. MONTGOMERY. Mr. Speaker, I care centers, and other improvements con- over the next several years: that rise in support of this conference retained in this bill are not a wise use of our re- caused from terrorism, and that caused port. I do hope the President of the sources. from the proliferation of missiles and United States will sign the bill. There With this bill, we will commit an additional weapons of mass destruction. are parts of this legislation that he did $201 million to the President's request of $562 Mr. Speaker, we fully fund increases not like, and they were taken out. In million for troop housing. For just over 3,000 in the area of terrorism, far above what the conference with the Senate, there military families, we will provide an additional the administration requested. Long be- were areas that I had a particular in- $266 million to construct new quarters or im- fore incidents were occurring in this terest in. They were dropped in the prove existing unitsÐa 39 percent increase to country, as we have seen this year, it conference. So I accept, Mr. Speaker, the request. For child development centers, was this Congress, led by this chair- that you never get all you want in the bill would add $30 million for nine needed man, who had the foresight to put addi- these massive bills. I think it is still centers in addition to funding the $6 million tional funds into chemical and biologi- good legislation. construction cost for the two centers re- cal technology, into efforts to allow us Mr. Speaker, I have only served on quested by the Administration. to better train those civilian personnel two committees most of the time that This bill also funds important facilities im- around the country who have to re- I have been in the Congress, which is provements to enhance the operational and spond and better prepare our military. the Committee on Veterans’ Affairs training requirements of the active forces as We deal with terrorism in this bill, and and the Committee on National Secu- well as the reserve components. it is a very important priority for us. rity. I have enjoyed working on both of I am grateful for the strong bipartisan sup- Secondarily, we fully fund missile de- these committees and am very proud of port for the military construction portion of this fense technologies, national, theater, the excellent veterans programs we authorization conference report, led by the cruise, and space-based sensors. In ad- have, better than any other Nation, for ranking member of the subcommittee, SOLO- dition, Mr. Speaker, we fund the Nau- our veterans. With the defense bill MON ORTIZ. I am also particularly pleased that tilus Program for Israel; even though today, we still have the strongest de- Chairman VUCANOVICH and Mr. HEFNER with the administration never requested fense force in the world. the Appropriations Committee have success- dollars for that program, we fully fund Mr. Speaker, this will be the last fully brought back an appropriations con- it to make sure that Israel is secure. time I will be involved in the defense ference report that supports this bill. Unlike the past requests of the admin- bill. I want to thank the gentleman I urge my colleagues to support H.R. 3230. istration where they tried to zero out from California [Mr. DELLUMS] on my Mr. SPENCE. Mr. Speaker, I yield funds for the high-energy laser pro- side of the aisle, for his courtesies over such time as he may consume to the gram, we continue the funding. the many, many years. I say the same gentleman from Indiana, [Mr. BUYER]. In the R&D area, we maintain our for the gentleman from South Caro- Mr. BUYER. Mr. Speaker, I rise in technology base with a robust funding lina, FLOYD SPENCE, our chairman, for strong support of this conference re- profile. We put money in for dual-use his fairness; and to my colleagues and port. I want to recognize that while technology and capabilities. We fund staffers on our committee, I thank there are many good things in this bill, the new ocean partnerships initiative, them for the help and understanding I am disappointed by two items con- with the Navy in the lead. they have shown to me. tained in the bill, one of which I know H9816 CONGRESSIONAL RECORD — HOUSE August 1, 1996 many of us have had discussions here tion on which I want to work with the tant for the American people. We had with regard to and we will take up in gentleman in the next military defense hearings on the safety of our fighter separate legislation regarding the bill to remove that provision from this aircraft that were crashed in a series of missing persons, the MIA issue, Miss- bill, and I want to salute the gen- crashes beginning in January of this ing Personnel Act. tleman from Georgia’s leadership to year. Both F–14s and AV–8Bs went The other issue is concerned with the strike the proper balance between indi- down in high numbers. We had good provision contained in the cooperative vidual civil liberties and the protection oversight hearings and we came up threat reduction portion of the bill. of an American citizen’s rights, along with fixes and recommendations by the While I agree with measures that re- with the Posse Comitatus Act and its Navy and the Marines that we fol- duce the threat posed by weapons of restraints upon the U.S. military’s in- lowed. We put those fixes into this bill. mass destruction, I am concerned volvement in domestic law enforce- We spent a lot of time on ammunition. about the language in the bill that pro- ment. We came up with extra ammunition for vides emergency powers to the mili- I encourage Members to vote for this the Marine Corps and Army. The gen- tary. I believe this additional excep- bill. We will work toward that end. tleman from Missouri [Mr. SKELTON] tion to the Posse Comitatus Act rep- Mr. BARR of Georgia. I appreciate and I want to see more ammunition for resents a further drift toward increased the gentleman’s support. the Marine Corps and Army, but we military involvement in domestic law Mr. DELLUMS. Mr. Speaker, I yield 2 will get that in the next session. enforcement activities. minutes to the distinguished gen- We armed the bombers. We thought Mr. BARR of Georgia. Mr. Speaker, tleman from Missouri [Mr. SKELTON]. it was important in this enormous in- (Mr. SKELTON asked and was given will the gentleman yield? vestment in long-range strike capabil- permission to revise and extend his re- Mr. BUYER. I yield to the gentleman ity to put the precision-guided muni- marks.) from Georgia. tions that served us so well in Desert Mr. BARR of Georgia. Mr. Speaker, I Mr. SKELTON. Mr. Speaker, I thank Storm on those bombers. We did that. appreciate the distinguished gentleman the gentleman for yielding time to me. We continued through with our re- from Indiana, a member of the con- Mr. Speaker, for American uniformed form of the submarine program to ference, yielding for a colloquy. personnel currently deployed overseas Mr. Speaker, I understand that the in contingencies such as Bosnia, Korea, widen that qualitative edge that we gentleman worked to remove very dis- the Sinai, and Saudi Arabia, I rise in have over other nations of the world. turbing legislative language from the support of this conference agreement, We did a lot of things to give the right conference report that weakens posse and urge my colleagues to work to- kind of equipment to the men and comitatus protections. The language wards this passage. women who wear America’s uniforms. constitutes a serious erosion of the his- This agreement addresses my per- The gentleman from South Carolina, toric and firmly held belief in our sonal concern about the way in which FLOYD SPENCE, did a wonderful job put- country that our military should not military personnel may be employed in ting this package together. There were become involved in domestic law en- the future. It contains necessary fund- some things we would rather have seen forcement. ing for today’s readiness and quality- on the House side, some things that This principle is enshrined in posse of-life matters and, no less impor- dropped out, but it was a compromise comitatus provisions in our criminal tantly, accelerates critical military between the Senate and the House. We code. However, in the conference re- programs of tomorrow, allowing for are going to work those other issues port, the military is, in certain situa- purchases of new equipment sooner next year. I would urge a yes vote on tions, given the power to make civilian rather than later. this package. arrests, conduct searches and seizures, Mr. SPENCE. Mr. Speaker, I yield 2 Mr. DELLUMS. Mr. Speaker, I yield 5 and gather domestic intelligence. minutes to the gentleman from Califor- minutes to my distinguished colleague, While these powers are limited to situ- nia [Mr. HUNTER], the chairman of our the gentleman from Virginia [Mr. SISI- ations involving weapons of mass de- Subcommittee on Procurement. SKY]. struction, they are extremely trouble- Mr. HUNTER. Mr. Speaker, I thank (Mr. SISISKY asked and was given some because they are unnecessary and the gentleman for yielding time to me. permission to revise and extend his re- directly involve the military in domes- Let me start out by thanking the gen- marks.) tic law enforcement. tleman for all the great work that he Mr. SISISKY. Mr. Speaker, I will add I fought hard to have these provi- has done on this bill, the great leader- to what my colleague, the gentleman sions removed, and I know that the ship he has given us, and the fairness from California, said. This has been a gentleman from Indiana did the same. I and decency with which he has con- great conference in a bipartisan way, regret that the conference report re- ducted the entire oversight process. for which I want to thank the chair- tains the Senate language, which was Let me also give kudos to my friend, man, the gentleman from South Caro- never presented to this House for prop- the gentleman from California, Mr. lina [Mr. SPENCE], and the ranking er consideration. It is my understand- DELLUMS, for being an outstanding mi- member, the gentleman from Califor- ing, however, we will be working to- nority Member in this process, and nia [Mr. DELLUMS]. They did a wonder- gether at the earliest opportunity to ranking member, and really sowing the ful job on a very complicated thing. have these ill-conceived provisions re- seeds for the bipartisanship that we Tonight, Mr. Speaker, I am ex- moved. have had in this year. tremely concerned about section 1616 of Mr. BUYER. Reclaiming my time, I want to thank all of the sub- the conference report. I am putting Mr. Speaker, I want to assure the gen- committee chairmen who worked this down my marker now, and the commit- tleman from Georgia that in subtitle A bill, because they are all great people; tee’s marker, I think. This section under ‘‘Domestic Preparedness,’’ sec- the gentleman from California, BOB would initiate a pilot program at un- tion 1313, military assistance to civil- DORNAN, the gentleman from New specified DOD facilities, privatized-in- ian law enforcement officials in emer- York, Mr. MCHUGH, the gentleman place by BRAC 1995. It places no limit gency situations involving biological from Pennsylvania, Mr. WELDON, the on how many pilot programs there will and chemical weapons, there is an ex- gentleman from Colorado, Mr. HEFLEY, be. ception that is granted to the military the gentleman from Virginia, Mr. It allows Federal employees who that they are not authorized to partici- BATEMAN, and all of their counterparts work for the contractor to continue to pate in the following actions: Number on the Democrat side, and my old accrue credit for years of Federal serv- one, arrest; number two, any direct friend and compadre, the gentleman ice in order to determine civil service participation in conducting a search or from Missouri, IKE SKELTON, for the retirement eligibility. I repeat again, seizure of evidence to a violation of great bipartisanship that he displayed. working for the private contractor this this section, or direct participation in I remember the meetings we had, some would happen. the collection of intelligence for law in his office, some in my office, work- Although the conference report speci- enforcement. ing military issues. fies that these calculations will not be But this goes beyond that, Mr. Mr. Speaker, we undertook to do a used to determine the amount of their Speaker. Subsection 382(2)(b) is the sec- few things in this bill that were impor- retirement, I worry about what this August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9817 may cost in the years to come. I know the conference report, but be aware, military construction title of the bill. I why this happened. It was not because section 1616 could create a long-term greatly appreciate the leadership of of the House, the representatives. It problem that could come back to haunt both sides of the aisle and in both was not our bill, and to a degree we us in years to come. Chambers for their commitment to were almost forced to accept this pro- Mr. SPENCE. Mr. Speaker, I yield 1 compiling what I believe to be a truly vision. minute to the gentlewoman from Jack- bipartisan legislative package to ad- Although everyone assumes it applies sonville, FL [Mrs. FOWLER]. dress our Nation’s military construc- to Louisville, which was the Naval Sur- (Mrs. FOWLER asked and was given tion backlog. face Warfare Center, my concern is permission to revise and extend her re- The military construction portion of that it will be a very costly provision marks.) the bill places a very strong emphasis that will not stop with Louisville or In- Mrs. FOWLER. Mr. Speaker, I rise in on quality of life initiatives and ad- dianapolis. GAO says this pilot pro- strong support of the fiscal 1997 De- dresses our military’s need for mod- gram could cost over $511 million, fense authorization conference report. ernization. I am extremely pleased that which is over a half a billion dollars, in This bill builds on the actions this we have been successful in protecting 11 years. That is with only several hun- House strongly endorsed last year: Im- the priorities of the House by allocat- dred employees. proving the quality of life or our mili- ing the quality of life programs the What will happen when Texas and tary personnel and their dependents; bulk of additional funds which have California want the same thing for em- enhancing the readiness of our military been made available for military con- ployees at Kelly and McClellan? How forces; ensuring that our combat equip- struction this year. can we say no? What will it cost when ment is appropriately modernized; and I think that it is important to point we include tens of thousands of em- providing for additional structural re- out to my good friends and colleagues ployees? I see nothing in the legisla- form at the Pentagon. that during the entire deliberation tion to limit this to Louisville. The The bill provides $10.8 billion more process, we were careful to fund those way I see it, it would apply to every fa- than the President requested for fiscal projects that were identified by the cility privatized in BRAC 1995. 1997. However, this is not even enough military services as a top priority. Furthermore, this conference report The whole point of BRAC was to re- to keep pace with inflation. Given the continues our commitment to stretch- duce excess infrastructure and over- many threats to America’s interests ing housing dollars and increases the head by privatizing in place and estab- overseas and the number of operations funds available for public-private part- lishing portable benefits. We do pre- other than war to which this adminis- nership initiatives. cisely the opposite. We sustain excess tration has committed our forces, the funding levels in this bill are not only I think that this portion of the De- infrastructure and keep the overhead. I fense authorization bill makes a strong appropriate, but necessary. am really disappointed that the De- statement of this Congress’ bipartisan partment of Defense did not take ex- I am especially pleased that H.R. 3230 keeps faith with our military personnel concern for our military and commit- ception to this. Where are the savings? ment to maintaining readiness and and families, in July I visited Bosnia, We would make a far greater contribu- modernization. where our troops are doing an out- tion to national security by maintain- The conference report is certainly ing the status quo, protecting our Fed- standing job under trying conditions. not perfect, but on balance I believe eral employees, and calling off whole- Like so many military members today, that this is a good bill that emphasizes sale privatization. By allowing the so- though, they are being called upon to readiness and quality of life projects, called pilot program to go forward, we leave their families behind more fre- and I congratulate the gentleman from quently, and for longer periods, than ensure we will never attain the savings Colorado, Chairman HEFLEY, the gen- we were supposed to get from BRAC. ever before. This bill increases military tleman from South Carolina, Chairman pay and other benefits and provides ad- b 2145 SPENCE, and the gentleman from Cali- ditional funds for family housing—im- fornia, Mr. RON DELLUMS, our ranking All of us worry about underfunded provements that are sorely needed if minority member, for a job well done. modernization in O&M accounts. But we hope to retain our best people over I encourage my friends and colleagues the conference report states, ‘‘The the long term. to vote for this conference report. military department concerns shall be I also want to note my appreciation Mr. SPENCE. Mr. Speaker, I yield 1 liable for the portion of any estimated that the conference chose to retain minute to the gentleman from Texas increase in unfunded liability of civil current law regarding depot mainte- [Mr. THORNBERRY]. service retirement.’’ nance and repair issues. I hope the Pen- Mr. THORNBERRY. Mr. Speaker, I We do not know where this is going. tagon will take heed of this action and want to highlight one part of this bill We do not know where it will stop, and conclude at last that it ought not pro- that deals with nuclear weapons. As far we do not know what it will cost. ceed with ill-conceived plans to pri- as the eye can see, our country will The conference report includes the vatize closing installations. The base continue to rely on nuclear weapons GAO study. But directing GAO to do a closure process was designed to elimi- for our security, and yet we face some study after the fact will not be enough nate excess capacity. Efforts to evade very daunting challenges. to put the brakes on this policy. Once this requirement for political gain are Our weapons and facilities are get- it gets going, the cost will not matter. incompatible with National Security ting older, and we have decided not to Politically, it will be impossible to go interests. engage in nuclear testing. We are going back. Finally, I want t thank our very able to have to have first-rate facilities, My other worry is that this is a back- chairman, FLOYD SPENCE, his leader- first-rate people and an efficient man- door way to push privatization by mak- ship in securing an excellent bill. I also agement structure to get through this ing it more palatable to Federal work- want to thank the committee staff for time. This bill advances all three. ers. I can safely say that I stand second the very hard work and dedication they It is particularly important that we to none in my concern about Federal contribute to this process. have clear lines of authority and clear employees, but this is a divide-and-con- Mr. Speaker, I urge my colleagues’ lines of responsibility between each fa- quer strategy if there ever was one. support for this conference report. cility in the nuclear weapons complex In closing, the most unfortunate Mr. DELLUMS. Mr. Speaker, I yield 2 and the headquarters in Washington thing is that this bill is so good, has minutes to the distinguished gen- without a lot of mid-level management many other constructive features, and tleman from Texas [Mr. ORTIZ]. getting in the way. There have been a does so many other things we need to (Mr. ORTIZ asked and was given per- number of outside organizations and do for our military. I will support the mission to revise and extend his re- internal reviews that have called for conference report. marks.) exactly this kind of reform, and yet But section 1616 plants a seed that Mr. ORTIZ. Mr. Speaker, I rise in this bill is the first time that it has ac- would threaten to overwhelm our abil- support of this conference report and tually taken place. ity to pay for national security in the would like to particularly lend my Each facility will report directly to years ahead. I ask Members to support strong support and endorsement of the Washington and will be a part of a H9818 CONGRESSIONAL RECORD — HOUSE August 1, 1996 management council. This is a safety personnel account to minimize the half, even in peacetime. I am especially issue for the country, it is a good and readiness impact of continued short- pleased to see we are increasing impact efficient Government issue, and it is falls in that account. aid by $35 million over the President’s also a preparedness issue, and it is just In addition to the personnel titles, request for zero funding. one of the many ways that this bill the conference report to H.R. 3230, This bill strengthens America’s state helps make the country safer. taken as a whole, represents a strong of readiness in a still dangerous world. Mr. DELLUMS. Mr. Speaker, I yield 2 balance between people, readiness, and I stand in favor of H.R. 3230, and I urge minutes to the distinguished gen- modernization. It will result in the my colleagues to vote in support of tleman from Virginia [Mr. PICKETT]. continuation of a ready, able, and qual- this very important legislation. (Mr. PICKETT asked and was given ity military force. I urge my colleagues Mr. DELLUMS. Mr. Speaker, I yield 2 permission to revise and extend his re- to support the conference report. minutes to the distinguished gentle- marks.) Mr. SPENCE. Mr. Speaker, I yield woman from California [Ms. HARMAN]. Mr. PICKETT. Mr. Speaker, I thank such time as he may consume to the (Ms. HARMAN asked an was given the gentleman for yielding me this gentleman from Georgia [Mr. permission to revise and extend her re- time. I rise in strong support of the CHAMBLISS]. marks.) conference report. (Mr. CHAMBLISS asked and was Ms. HARMAN. Mr. Speaker, I want to Mr. Speaker, the military personnel given permission to revise and extend thank the gentleman from California title provisions in the conference re- his remarks.) [Mr. DELLUMS] for so many years of port to H.R. 3230 solidly support qual- Mr. CHAMBLISS. Mr. Speaker, I rise courtesy and professionalism. It is an ity of life and readiness efforts. These in support of this bill. Let me say to honor to serve on the committee with provisions reflect Congress’ continued my friend, the gentleman from Mis- him, and also say to everyone how support of our military service mem- sissippi, Mr. SONNY MONTGOMERY, we much I will miss the gentleman from bers through significant enhancements will miss you and may God bless you. Mississippi [Mr. MONTGOMERY]. in these areas. I commend the chairman and the ranking Mr. Speaker, I rise in strong support The bill includes a 3-percent military member for working in a true spirit of coopera- of the Defense authorization con- pay raise, as proposed in the Presi- tion throughout the process leading up to this ference report which, though hardly dent’s budget, as well as a 4.6-percent bill, being passed in committee and through its perfect, moves us in the right direc- increase in the basic allowance for conference. tion. quarters that will reduce out-of-pocket I would also commend the work done by the This House has made some tough housing costs to service members by 1 bipartisan depot caucus which focused on the votes in recent days—particularly on full percent. To ensure our junior mili- very difficult issue of defining the work to be welfare reform. As the Wall Street tary members can afford safe and ade- done at the various service departs. The Journal said yesterday, we are ending quate housing in high-cost areas, a members of this caucus and the respective welfare as we know it and creating wel- minimum variable housing allowance staff worked tireless hours and achieved a re- fare as we don’t know it. is provided, as well as other reimburse- sult that will be very beneficial to the men and That is true of our national security ments so that military members are women serving in our armed services. as well. The cold war threat we knew not forced to use their personal savings Mr. Speaker, this bill, among other things, has ended and a world we don’t know to offset the cost of a Government-di- provides for a pay raise for the members of has begun. rected move. each branch of our military and also provides This bill, nonetheless, takes some This conference report is another a significant benefit for members of the dental important steps. First, the bill makes step toward providing active duty and profession serving in the military, benefits like critical investments in key weapons retired service members and their fam- this will allow our armed services to continue and technology programs that our Na- ilies with accessible and quality health to compete with the private sector for the very tion will need in order to meet the ex- care. For example, it restores $475 mil- finest young men and women our country has pected war-fighting requirements of lion to the Defense Health program, a to offer. the next century. The dangers posed by shortfall that, if not remedied, would This is a good bill and I urge my colleagues a new range of regional threats and have had serious adverse consequences to support it. technologies are growing. for active-duty family members and re- Mr. SPENCE. Mr. Speaker, I yield 1 As we reduce forward-basing, we need tirees who have a difficult enough time minute to the gentleman from Okla- weapons with which we can project already trying to obtain medical care homa [Mr. WATTS]. force quickly and decisively—weapons in military facilities. (Mr. WATTS of Oklahoma asked and which can deter aggression before we Additionally, it takes a significant was given permission to revise and ex- are required to deploy personnel and step forward with regard to the issue of tend his remarks.) equipment. This bill includes funds for Medicare subvention by directing the Mr. WATTS of Oklahoma. Mr. Speak- such weapons, like the B–1 and B–2 up- Secretary of Defense and the Secretary er, I am very pleased to rise in support grades, the F/A–18 and the C–17. It also of Health and Human Services to sub- of the National Defense Authorization includes research funds for a robust na- mit a plan for testing Medicare sub- Act for fiscal year 1997. This is a strong tional and theater ballistic missile de- vention to Congress and the President and substantive bill that bolsters and fense system as well as technologies by September 6, 1996. The plan would fortifies our national defense and aimed at counter-proliferation and establish a demonstration program en- greatly improves the quality of life for antiterrorism. abling the Department of Health and our Nation’s servicemen and women. It Many of these investments will, in Human Services to reimburse the De- also puts more money in veterans pro- the long term, also save money by re- partment of Defense for care provided grams. ducing the ever increasing operation to Medicare-eligible military retirees. I want to especially congratulate the and maintenance costs of weapons sys- Other key initiatives of the military gentleman from South Carolina [Mr. tems that have been in use well past personnel provisions of the conference SPENCE] who so ably crafted this legis- their designed life span. report to H.R. 3230 include: adding $20 lation. Thanks to the chairman’s lead- Second, the bill includes an initiative million to the New Parent Support pro- ership, we have the opportunity to vote which I helped author to re-organize gram to help new military families and for a very significant and strong bill the function and fund the development parents deal with new stresses associ- today, or this evening. I also want to of cost-shared dual use technology— ated with the high military operating thank the gentleman from California, thus protecting our industrial base and tempo. Challenging hate group activity [Mr. DELLUMS], who in victory or de- reducing costs by developing products, in the armed services by directing the feat is always the consummate profes- technology, and processes that meet services to conduct human relations sional. both defense and commercial needs. training designed to promote a sen- I am delighted with the quality of As my colleagues know, we can not sitivity to hate group activity. Adding life improvements this bill makes. We afford maintaining an industrial base nearly $50 million more than the Presi- must never forget the sacrifices that that only meets unique military re- dent’s budget for the Army military our service personnel make in our be- quirements. We need to diversify that August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9819 base and not only apply defense tech- craft over the next 7 years, but we are b 2200 nologies to commercial use but, more also not cutting the budget, we are not So the next time we tell people we importantly, use commercial tech- increasing it, we are maintaining sta- are sorry NIH was not bigger, we are nologies and products to meet defense ble funding. A good part of that stable sorry we did not do more on the earned needs. The dual-use technology provi- funding is being used to add to a income tax credit or child care or Cops sion in the bill will help achieve this multiyear procurement plan for Aegis on the Street, please also tell them important goal. destroyers, the result of which is going that we gave $11 billion more to the There are also missed opportunities. to be that over the next 5 years, if the Pentagon than they wanted. Please I strongly supported changing the 60–40 plan is fulfilled, we will produce one also tell them that programs like the rule relating to military depots, in more destroyer at $1 billion less in Community Development Block Grant order to permit more private sector cost, or, if you will, 15 destroyers over could have got another $1 billion, one- work at competitive rates. That oppor- 5 years for $1 billion less than it would eleventh of that, and that would have tunity was lost and, as a result, we are cost us to buy 14 through normal pro- been 25 percent of what they got. burdened for another year by costs curement methods. If we have cut anything else, please that could have been directed to more Again with the threats we face in the give them the full picture about the $11 critical needs, whether military, do- world, now is not the time to cut de- billion giveaway to Western Europe mestic, or deficit reduction. Another fense but at the same time through and East Asia. opportunity will present itself next more efficient management we can sta- Mr. SPENCE. Mr. Speaker, I yield 11⁄2 year and I hope my colleagues will bilize the funding and get more value minutes to the gentleman from New seize it. for our dollars. Mexico [Mr. SKEEN]. We also need to aggressively reduce Mr. DELLUMS. Mr. Speaker, I yield 2 (Mr. SKEEN asked and was given per- administrative overhead at the Penta- minutes to the distinguished gen- mission to revise and extend his re- gon. This bill takes some steps in that tleman from Massachusetts [Mr. marks.) direction, but last year’s mandate that FRANK]. Mr. SKEEN. Mr. Speaker, I thank the the defense workforce be reduced has Mr. FRANK of Massachusetts. Mr. gentleman for yielding me this time. not been implemented. The bill before Speaker I have a list: I rise in strong support of final pas- us again directs the department to im- Head Start; antiterrorism efforts at sage of the 1997 national defense au- plement these cuts. The bill also begins airports and elsewhere; NIH research; thorization bill because it is a step in the process of streamlining, consolidat- cops on the street; drug treatment pro- the continuation of a national defense ing, and downsizing the inefficient grams; cleaning up hazardous waste with which New Mexico plays a vital headquarters organizations of the mili- sites; housing for the elderly; aid to role. tary departments. college students, Pell grants, student Specifically, this bill is very impor- We must do more to cut costs. We loans; the Community Development tant for remediation of our Nation’s must privatize more non-core defense Block Grant Program; child care; and nuclear waste problem. The WIPP land activities, accelerate procurement re- earned income tax credit. withdrawal amendment contained in forms, and rely on more dual use tech- If we funded the Defense Department this bill is a long overdue piece of leg- nologies, products, and processes. at what it asked, we could give each of islation which will cut through the bu- But cutting is not enough: rethink- these programs an additional $1 billion. reaucratic red tape that has kept this ing our roles and missions for the digi- Every one of these programs is $1 bil- vitally important project from open- tal battlefield of the 21st century is im- lion poorer because we decided to play ing. WIPP has been proven safe in perative. I anticipate that we will re- Santa Claus to the Defense Depart- every conceivable scientific fashion duce forward positioning and man- ment. We did not end welfare. We just and is the beginning of the end of our power requirements while making in- transferred it. We transferred it to Nation’s nuclear waste problem. creased investments in intelligence Western Europe and Japan. Our Euro- We have worked long and hard to gathering, deep strike capability, and pean allies spend an average of 2 per- draft a piece of legislation which will new systems and technologies that in- cent of their gross domestic product on address both the environmental and crease lethality, reduce response time, the military. We spend 4 percent. It is disposal concerns and this is it. Both and protect and enhance the surviv- in this $11 billion gift we gave. the DOE and the EPA support this leg- ability of our forces. The greatest gift any nation ever islation. But we need to review and reassess gave to another is the free military de- It is time to quit wasting taxpayer our defense assumptions in a place and fense we provide to Japan so it can dollars and time to permanently dis- time when partisanship and election keep its military spending at such a pose of waste that is currently stored sound-bites are absent. Hopefully, that minuscule level. Every Member here in aboveground containers on asphalt work can begin soon after the election who votes for this bill who has ever pads, and it is time to quit talking is over. told someone, ‘‘Gee, I would like to about what we cannot do and start I urge support for this conference re- have given you more for child care in going about what we can do. port. It is not perfect, but it makes an the welfare bill. I couldn’t afford it.’’ We have complete confidence in the important contribution to the difficult Or, ‘‘Gee, I wish we could have cleaned ability of DOE, EPA, and the State of national security choices we face in the up that hazardous waste site. We New Mexico to open WIPP in a safe and years ahead. couldn’t afford it.’’ timely manner. Mr. SPENCE. Mr. Speaker, I yield 1 ‘‘Yes, Project Head Start is a good I want to particularly thank the peo- minute to the gentleman from Maine program, I wish we could do more.’’ ple of Carlsbad for their tireless work [Mr. LONGLEY]. ‘‘Oh, I’m sorry you didn’t get your to make this project happen, and also a Mr. LONGLEY. Mr. Speaker, I want cops on the street application. If we special thanks to the gentleman from to salute both the chairman as well as could only have increased it, you would New Mexico [Mr. RICHARDSON] for his the ranking member for their leader- have gotten more.’’ support, and also to the gentleman ship during the past year. It has been ‘‘And elderly housing, boy, of course from Colorado [Mr. SCHAEFER] for all superb. They have really set a stand- we could use more elderly housing.’’ the hard work and diligence, and to the ard. Would you also tell them that you chairman and his committee for pre- I think that there is a lot that we can spent it here? Do not tell them that senting this thing and finally bringing be proud of in this bill. I am certainly you wanted to do that if you vote for this Gordian knot to the present, for glad to see the retention of the depot this bill without telling them that you slicing it open and getting on with the language for the 60/40 split, but I am took $11 billion more than the Penta- business of storing nuclear waste. also proud that we have finally intro- gon asked, which goes to help defend Mr. DELLUMS. Mr. Speaker, I reduced the concept of multiyear pro- Western Europe against I do not know serve the balance of my time, until curement. We have expanded the con- what, which goes to defend Japan such time as the gentleman from South cept from the C–17 program, which is against people they want to trade with, Carolina [Mr. SPENCE] reaches his last going to see a procurement of 80 air- that is where this money went. speaker. H9820 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Mr. SPENCE. Mr. Speaker, I yield 1 budget request. This is what President rose in opposition to the report. That minute to the gentleman from Colo- Clinton asked for. We are adding more is not to say that I do not believe that rado [Mr. SCHAEFER]. money to that. there are some significant, important (Mr. SCHAEFER asked and was given Just as President Clinton signed the and constructive items in this bill and permission to revise and extend his re- budget last year, I think he will sign policy in this bill. But as we step back marks.) the defense budget this year. We need and look at the totality of it, I believe Mr. SCHAEFER. Mr. Speaker, I it to support our troops. I urge every that this bill is going in the wrong di- thank the gentleman for yielding me Member to support this report. rection. this time. Mr. SPENCE. Mr. Speaker, I have no When we find ourselves having com- Mr. Speaker, I would like specifically further requests for time, and even municated to millions of American to address section 334 of the defense au- though I have the right to close, I will people that virtually every segment of thorization conference report, which yield back the balance of my time and American society has had to make my good friend, the gentleman from let the gentleman close out. some sacrifice as we go about the busi- Michigan, [MR. DINGELL] referred to Mr. DELLUMS. Mr. Speaker, I yield ness of ‘‘balancing the budget’’, where earlier during the debate on the rule. myself such time as I may consume. we have even included poor people and This section amends the Superfund Very quickly, Mr. Speaker, first, I children and powerless people who have program with respect to the transfer to would like to point out to my col- had to contribute to that process, Federal facilities before contamination leagues that this is the last conference whether it is in the form of welfare re- is remediated. report for five of the distinguished form, reductions in education, reduc- The general idea of section 334 is members of this committee, and all tions in environmental restoration laudable: To assimilate polluted prop- five of these Members happen to be funds or whatever, we find ourselves erties back into the community. How- Members on the Democratic side of the with a conference report here today ever, without an ironclad assurance aisle. that does not reduce but rather in- that States can enforce the ultimate I would like to refer to them in order creases by $11.3 billion money above cleanup of these sites, the good idea of their seniority, the gentleman from and beyond what was requested by this quickly becomes a curse to commu- Mississippi, SONNY MONTGOMERY; the administration in the context of a nities. gentlewoman from Colorado, PAT post-cold-war era. Attorneys General from Colorado, SCHROEDER; the gentleman from Ala- I think that is a stark statement. I California, Texas, Washington, Min- bama, GLEN BROWDER; the gentleman think it needs to be laid clearly and nesota, and New Mexico, to name a from Texas, PETE GEREN; and the gen- profoundly before this body in this aus- few, have warned about the possible tleman from Florida, PETE PETERSON, picious moment when we find ourselves implications of section 334. They are and simply say to them that they will whacking away at programs designed concerned that any cleanup assurances be missed, thank them very much for to enhance the quality of life of mil- made by the Federal Government will the dignity of their service to this lions of American people in this coun- be hollow and unenforceable. country and to this Congress and wish try. Superfund does not contain an ade- them well in the next phase that they The gentleman from Massachusetts [Mr. FRANK] said it eloquently and quate waiver of sovereign immunity. enter into in life’s process. Federal entities will initiate transfers Second, Mr. Speaker, if Members will articulately, and I would not attempt and disappear and the liability will go recall, last year we complained about to compete with that, but simply to re- back to private entities, and we cannot the process, arguing that there was a mind my colleagues that this bill is $11.3 billion above the President’s re- have this. I will introduce legislation lack of participation on the part of the quest and $1.3 billion above the appro- next year to correct this. minority members of this committee priation request. At this time I see no Mr. SPENCE. Mr. Speaker, I yield 1 in the process. I would rise tonight to rational reason why we should be in- minute to the gentleman from Massa- say that there was a quantum step for- creasing our military budget at this chusetts [Mr. TORKILDSEN]. ward and improvement in that area. particular level in the context of the Mr. TORKILDSEN. Mr. Speaker, I My colleagues did participate in the post-cold-war world. rise in strong support of this con- process, and though it was truncated, Mrs. LOWEY. Mr. Speaker, I rise in opposi- ference report and applaud the chair- dictated by a very ambitious schedule, tion to this conference report and ask unani- man and the ranking member for their to the extent possible, I feel com- mous consent to revise and extend my re- leadership. The disagreements were of fortable in saying, without fear of con- marks. a substantive nature and not partisan. tradiction, that my colleagues partici- I oppose this conference report for many The reason I support increasing the pated in that process. reasons, including the fact that it appropriates budget over what President Clinton Third, I would like to say something over $11 billion more for defense programs asked for is because the need is very that is not often spoken on the floor of than the Pentagon requested. But one of the real. This report increases funding for this House, and that is that I believe main reasons why I oppose this conference the F–18 CD program, it increases fund- very strongly that no Member of Con- report is that it fails to protect the rights and ing for R&D on the next generation of gress could function adequately and ca- health of American servicewomen serving Patriot missiles, and, importantly, it pably without competent, capable and overseas. As you all know, the House version increases funding for the quality of life dedicated staff people. of the bill contained a ban on military women for our men and women in uniform. It is not often known that many of purchasing abortion services on military bases People ask why do we need to in- these staff people work night and day, overseas with their own funds. This provision crease funding over what President all night, over weekends to get this job remained in the bill despite bipartisan efforts Clinton has asked for? Very simply, done. When we leave here, after we to remove it. The Senate rejected this provi- President Clinton has decided to send have made agreements, someone has to sion outright. troops to Haiti and he has decided to sit down and reconcile the hundreds of This ban penalizes women who have volun- send troops to Bosnia, and he has put pages, thousands of paragraphs, mil- teered to serve their country by prohibiting them on heightened alert elsewhere lions of words and billions of dollars. It them from exercising their constitutionally pro- around the world. Even though I did is all done at the staff level. So I would tected right to choose. It also puts the health not support all of those actions, and like to take the opportunity to thank of our military women at risk by forcing those perhaps others in the Chamber did not all of the staff members for their sig- stationed in countries where there is no safe as well, it is imperative that we all nificant dedication and contribution to and legal abortion available to seek an abor- support our troops with the training this process. tion at local facilities or to travel to acquire and equipment they need to complete Finally, Mr. Speaker, on a sub- safe abortion services. their mission and to return them home stantive note, I note most of my col- It is unimaginable to me and to the Amer- safely. leagues here, with the exception of the ican people that we would reward American That is why we have to add more distinguished gentleman from Massa- servicewomen who have volunteered to serve money than President Clinton asked chusetts, [Mr. FRANK] and myself, rose this Nation by burdening them this way. I urge for. The Pentagon does not set its own in support of this conference report. I you to vote against this report. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9821

Mr. MCKEON. Mr. Speaker, I rise in support quested in fiscal year 1997 will lead to and the three million dollars threshold. If this of the conference report for H.R. 3230, the unsustainable defense budgets in the years Congress is serious about saving money, National Defense Authorization Act. This legis- 2001 and 2002. privatizing government functions other than lation addresses several basic needs for our Nevertheless, I support this bill because the the House mail room ought to be given seri- military including a 3 percent pay raise for mili- alternative is to not have an authorization bill. ous consideration and not empty rhetoric. To tary personnel and a cost of living adjustment We have been down that road before. Last that end, I am hopeful that we will be able to and improved access to health care for mili- year the Defense appropriations bill, which is address this important issue next year and tary retirees. The bill also supports moderniza- normally supposed to follow the authorization come to some sort of compromise that all tion initiatives and will improve the overall bill, was passed first and the fiscal year 1996 members can agree to. readiness of our Armed Forces. These points DOD authorization bill was not passed until Mr. Speaker, this bill is not perfect, but it ad- are increasingly significant as the threat of ter- this past spring. dresses many important issues that confront rorism continues to rise. I support this bill because it eliminates most the military today. We must not forget that the men and of the contentious and unwarranted provisions Mr. BILIRAKIS. Mr. Speaker, although I in- women of our military face this threat every that were contained in the House-passed bill tend to support the conference report for H.R. day, and it is our responsibility to ensure that and the bill that was vetoed last year by the 3230, I do have concerns about several as- our troops are trained and equipped accord- President. Because these provisions were pects of the bill. ingly. I realize that some individual Members eliminated, we are able to move this bill in a Congress included H.R. 945, the Missing may have reservations about this conference more expeditious and bipartisan manner than Service Personnel Act, in the FY96 Depart- report, but I would respond by asking that we last year's authorization bill. ment of Defense Authorization Act. As a co- take a moment to think about the men and I am pleased that the conferees eliminated sponsor of H.R. 945, I was pleased that this women who have volunteered for the difficult the onerous provisions that would discharge important legislation was finally enacted into task of defending our Nation. They deserve HIV-positive service personnel and the earlier law. The Missing Service Personnel Act, as con- our support today. I urge a yes vote. House provision that would have rescinded tained in Section 569 of P.L. 104±106, con- Mrs. SCHROEDER. Mr. Speaker, here are the ``don't ask, don't tell'' policy governing sists of a number of critical provisions that six reasons to vote against the fiscal year gays in the military. provide due process for the families of missing 1997 DOD authorization conference report: I am also happy that the leadership did service members who are desperately seeking First, the measure provides: $11.3 billion away with language that would have man- honest information about the fate of their loved more than the Pentagon requested overall, $7 dated early deployment of space based sen- ones. The conference report revokes key pro- billion more than requested for procurement, sors or ``star wars'' as a central component of visions contained in this law. As a result of the $3.8 billion more than requested for BMD, U.S. missile defense policy, thus violating the ABM treaty and endangering Russia's ratifica- these changes: $508 million more than requested for NMD, Civilian Defense Department employees station of START II. $234 million more than requested for C±17 tioned in hostile fire zones will no longer be Additionally, this bill provides for a 3-percent transport planes, $281 million more than re- covered by the Missing Service Personnel Act, pay raise for military personnel, equal to the quested for tactical aircraft, $203 million more meaning that DOD will not be required to ac- President's request, and establishes January than requested for helicopters, and $701 mil- count for civilian employees who might be 1, 1998 as the fiscal year 1998 military retiree lion more than requested for submarines. captured by enemy forces or who disappear cost of living adjustment [COLA] date. Both of Second, overseas abortions are not per- during combat. mitted under the conference report. The Sen- these important provisions maintain Congress' Unit commanders will be permitted to wait ate receded to the Dornan position. commitment to those who serve and those 10 daysÐrather than 48 hours, as required by Third, the conference report does not in- who have served our military. This bill also di- current lawÐbefore reporting that a service clude Dornan provisions on HIV positive rects the Secretary of Defense and Secretary person is missing or unaccounted for. servicemembers and gays in the military. of Health and Human Services to submit a Criminal penalties for someone who know- Fourth, the conference report retains the plan to Congress and the President outlining ingly and willfully withholds information about Bartlett ban on selling pornography at the PX. the details of a Medicare subvention dem- the disappearance, whereabouts or status of a Fifth, the conference accepted CAROL onstration program. missing person will be repealed. MOSELEY-BRAUN's amendment to prevent While I am generally pleased with the end Missing service persons can be declared servicemembers from rolling their military re- product of this bill, I am deeply concerned that dead without credible proof. If a body is recov- tirement into their civil service retirement to this bill fails to address the issue of depot ered and is not identifiable by visual means, avoid payment to former spouses with the pro- maintenance and the so-called 60±40 rule. forensic certification will no longer be required. vision that it is not retroactive, and that no one Ironically enough, it was the House last year In addition, current law provides for auto- can sue a servicemember for taking advan- that boldly called for the repeal of the so- matic review every three years after an initial tage of the loophole. called 60±40 rule in order to give DOD greater report of disappearance. The enactment of Sixth, the report provides $15.95 million for flexibility in outsourcing non-CORE workload H.R. 3230 will repeal this requirement and nonlethal weapons and technology develop- to the private sector. provide that cases will be reviewed only when ment and an additional $5 million for the serv- I understand that many of my colleagues information is received. ices to procure nonlethal weapons. are concerned that the Pentagon will engage We have a responsibility to determine to the Mr. FAZIO of California. Mr. Speaker, I rise in wholesale privatization of the Pentagon's fullest extent possible the fate of our missing in support of H.R. 3230, the fiscal year 1997 defense industrial base and maintenance ac- personnel and to share that information with Defense authorization conference report. tivities. That simply is not the case and flies in next of kin. What kind of message are we While I am concerned that this bill provides the face of the evidence. The elimination or sending to the brave men and women in the more money than the Pentagon has re- modification of the 60±40 rule would have Armed Forces if we repeal the Missing Service quested, this legislation addresses many of moved away from the arbitrary standard cur- Personnel Act? A service member deserves to the important needs expressed by the Depart- rently used for depot workload allocation to a know that we will do everything in our power ment of Defense and the Joint Chiefs. more rational approach that will better serve to account for their whereabouts if he or she I disagree, however, with the Republican the long term national interest. The Penta- is reported missing. leadership that the current defense posture of gon's report made clear that public depots The POW/MIA issue is one in which I have this administration is weakening our core de- have and will continue to play a major role in been involved during my entire Congressional fense capabilities. One only needs to look to the important maintenance capabilities of the career. As a member of the House Veterans' the Republican budget resolution passed in military. Affairs Committee and as an Air Force vet- the spring to see that their out year projections Greater reliance on the private sector for eran, I made a vow to myself long ago never for defense spending are roughly that of the appropriate types of depot maintenance, and to give up the search. I am disappointed that administration. In fact, I would simply like to determining where it makes sense, will en- H.R. 3230 repeals the Missing Service Per- point out that the Democratic alternative, oth- hance faster infusion of new technologies into sonnel Act which was only enacted into law erwise known as the coalition budget, keeps existing DOD weapons platforms. Testimony earlier this year. defense spending on a path that sustains U.S. offered by the service Chiefs this year sup- I am also disappointed that conferees did national security throughout the next century. ported removal of legal constraints on DOD's not include provisions from the Senate bill, S. I am concerned that the current rationalization ability to efficiently manage its system support 1745, which would have benefited certain wid- for spending more than the Pentagon has re- resources, including the arbitrary 60±40 rule ows of military retirees. H9822 CONGRESSIONAL RECORD — HOUSE August 1, 1996 As my colleagues may know, several legis- overseas. As you all know, the House version that was glaring in the President's original relative changes have been enacted over the of the bill contained a ban on military women quest. years to allow regular and reserve retired purchasing abortion services on military bases This bill funds the 3 percent military pay members to ensure that their survivors will overseas with their own funds. This provision raise and a 4.6 percent increase in housing al- continue to receive a percentage of their re- remained in the bill despite bi-partisan efforts lowances for our military. tired pay upon their death. However, these to remove it. The Senate rejected this provi- And, we funded O&M and other readiness changes have created two categories of for- sion outright. accounts to stop the reductions in our military gotten widows by omitting any benefits for sur- This ban should have been removed at con- forces below the levels required by the admin- vivors of members who died before they could ference. Removing it would not obligate any istration for all of its overseas deployments. participate in the new Survivor Benefit Plan. State funds. It would merely allow military This bill trys to slow down the continued de- The Survivor Benefit Plan (SBP), enacted in women and dependents to use their own cline in procurement which has suffered a 70 1972, replaced an earlier unsuccessful pro- money to pay for abortion services at military percent decline since 1985. gram. DOD offered an 18-month open enroll- bases, just as they would use their own funds Most importantly, this bill maintains the comment period for members already retired. This to pay for those services if they were in the mitment we made last in this Republican Con- SBP open enrollment period inadvertently cre- United States. gress' first defense bills to actually deploy ef- ated the first category of forgotten widowsÐ The ban contained in the conference report fective missile defenses by 2003 or earlier. widows of retirees who died before the SBP penalizes women who have volunteered to It is this Congress that has added over $900 was enacted or during the open enrollment serve their country by prohibiting them from million for theatre and national missile defense period before making a participation decision. exercising their constitutionally protected right programs to keep us on track to deployment, In 1978, the law was changed to allow Re- to choose. The irony that this Congress will not simply continue research as the President servists the opportunity to elect survivor bene- limit the constitutional rights of the very recommends. fit coverage for their spouses and children women who have sacrificed so much to pro- It is this bill and the appropriations bills that when completing 20 years of qualifying serv- tect our Constitution should not be lost on any have added $246 million for the Navy Upper ice. However, it did not provide coverage for of us. Tier program, the most promising and near widows of Reserve retirees who died prior to This ban also puts the health of our military term theatre missile defense program. its enactment. Thus, the second category of women at risk. Many of these women are sta- The Administration's budget request simply forgotten widows evolvedÐthe pre-1978 re- tioned in countries where there is no access to kept the Navy Upper program as technology serve widows. safe and legal abortions outside of the military development program with no certain date for Additionally, in 1948, when the Civil Service hospitals. A woman forced to seek an abortion deployment. Survivor Benefit Plan was enacted, it also creat local facilities, or forced to wait to travel to On the policy side this bill did drop bill lan- ated some civil service forgotten widows. This acquire safe abortion services, faces tremen- guage, because of veto threats, that required was resolved 10 years later in 1958 by author- dous health risks. the administration to submit changes in the ization of an annuity of up to $750 per year for It is unimaginable to me and to the Amer- ABM Treaty to the Congress. the widow of a civil service employee who was ican people that we would reward American However, Republican and Democrat con- married to the employee for at least five years servicewomen who have volunteered to serve ferees clearly stated in the manager's report immediately before the retiree's death, had not this nation by burdening them this way. I urge that any substantive change to the ABM Trea- remarried and was not entitled to any other you to vote against this report. Thank you. ty be done in accordance with the Constitution Mr. BLUMENAUER. Mr. Speaker, I strongly annuity based on the deceased employee's and the treaty making powers of the Senate. support providing our troops the basic equip- service. And, that this constitutional principle had ment they rely on in the field. Adequate mili- As a group, forgotten widows are older been permanently codified with regard to the tary housing and medical facilities are also women 60 to 90 years of age whose hus- ABM Treaty in the 1995 Defense Authorization wise uses of our scarce resources. In provid- bands retired with 20 to 40 years of service to Bill, Public Law 103±337, and remains in ef- ing for the defense of our Nation, there is no our country. Despite all of the efforts to bring fect. substitute for having well-trained, well- in other groups of survivors into the SBP, wid- Most importantly, the conferees, Democrat equipped military personnel. ows, whose husbands died in retirement prior and Republican, stated in their conference re- Besides providing for the needs of our to 1972, have remained forgotten. port that the President's National Security Ad- troops, the bill before us today includes fund- Today, all military forgotten widows have to visor, Mr. Lake, told House and Senate Mem- ing for exotic weapons systems and missile show for their husbands' career service is bers from both parties in a meeting within the programs. Much of the high-tech gadgetry in- memories, while the 1958 $750 civil service last 2 weeks that the tentative agreements the cluded in this bill was neither requested, nor is benefits equates to more than $3,600 in 1994 U.S. has recently announced with various needed by the Department of Defense. Russian republics regarding theatre missile dollars. The military forgotten widows deserve While I will continue to vote to improve the defenses and their demarcation constitutes a at least the minimum SBP annuity allowed lives of those serving in our armed forces, I substantive change to the ABM Treaty. under current law. cannot support this bill. The real military needs Section 634 of the Senate Defense Author- I refer all Members to Page H9250 of the of our country, as well as pressing domestic ization Act addressed this important issue and July 30, Part II, Congressional Record. This concerns prevent me from doing so. would have provided forgotten widows with a Mr. LIVINGSTON. Mr. Speaker, I rise in page contains the conferees statement that I monthly annuity of $165 per month. This provi- support of the conference report to H.R. 3230, just referred to. The conferees statement for this bill is clear- sion of S. 1745 was similar to a bill which I in- the fiscal year 1997 National Defense Author- ly consistent with a provision this House troduced. My bill, H.R. 1090, has received bi- ization Act. partisan support and has over 40 cosponsors. I do so because it provides the support for adopted and I sponsored as part of the fiscal I was hopeful that the conferees would re- our troops and their families that this adminis- year 1997 Commerce, State, Justice appro- tain the language from the Senate bill in the tration did not when they submitted their budg- priations bill. final conference report for H.R. 3230. Unfortu- et request earlier this year. That provision requires the President to cer- nately, it was excluded for budgetary reasons. Yet, this bill still represents a decrease from tify that he will submit to the Senate for its ad- I will continue to work on this important 1996 when you take inflation into account. vice and consent any amendments or changes issue in the 105th Congress. Military service Why do we need to pass a bill that keeps to the ABM Treaty regarding the demarcation does not take place in a vacuum and I hope defense at level spending rather than cut al- between theatre missile defense systems and that we will provide these elderly widows with most $11 billion as the President originally antiballistic missile systems or any changes the help they deserve. proposed? regarding the multilateralization of the ABM Mrs. LOWEY. Mr. Speaker, I rise in opposi- Because it provides the funds to stem the Treaty. tion to this conference report. continued deteriation in family housing, military I commend Chairman SPENCE and his staff I oppose this conference report for many health care, and our procurement programs. for all of their hard work and urge support of reasons, including the fact that it appropriates This bill adds much needed funding for new this important conference agreement. over $11 billion more for Defense programs barracks and improvements to family housing Mrs. SCHROEDER. Mr. Speaker, last June than the Pentagon requested. But one of the units that will benefit approximately 3,000 fam- I asked the Secretary of Defense to answer a main reasons why I oppose this conference ilies. few questions about growing numbers of mili- report is that it fails to protect the rights and This bill restores $475 million to health care tary personnel on loan to Members of Con- health of American servicewomen serving for our military and their families, a shortfall gress under questionable circumstances. To August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9823 date, I have not received a reply. Now I know The SPEAKER pro tempore. Evi- Cunningham Jacobs Pombo Davis Johnson (CT) Porter why. They are too embarrassed. dently, a quorum is not present. Deal Johnson, Sam Portman Pentagon officials have learned that the The Sergeant at Arms will notify ab- DeLay Jones Pryce their haphazard and uncontrolled lending of sent Members. Diaz-Balart Kanjorski Quillen military personnel to Hill offices violates Con- Doggett Kasich Quinn Pursuant to the provisions of clause 5 Doolittle Kim Radanovich gressional ethics rules, not to mention DoD's of rule XV, the Chair announces that Doyle King Ramstad own regulations. he will reduce to a minimum of 5 min- Dreier Kingston Regula The situation is so bad DoD has admitted it utes the period of time within which a Duncan Kleczka Roberts has no idea how many military officers are Dunn Klink Rogers vote by electronic device will be taken Ehlers Klug Rohrabacher working on the Hill. The estimates range from on agreeing to the conference report. Ehrlich Knollenberg Ros-Lehtinen dozens to more than one hundred. The vote was taken by electronic de- English Kolbe Roth Here are a few examples. The Joint Chiefs Ensign LaHood Roukema vice, and there were—yeas 181, nays Everett Largent Royce of Staff have magnanimously given the Speak- 236, not voting 16, as follows: Ewing Latham Salmon er of the House four military officers to help [Roll No. 396] Fawell LaTourette Sanford him analyze votes. The training, salaries, and Fields (TX) Laughlin Saxton benefits for these officers cost the taxpayers YEAS—181 Flanagan Lazio Schaefer Foley Leach Schiff Abercrombie Flake Moran hundreds of thousands of dollars. Yet they are Forbes Lewis (CA) Seastrand Ackerman Foglietta Nadler Fowler Lewis (KY) Sensenbrenner now doing political chores for the Speaker. Andrews Fox Neal Franks (CT) Lightfoot Shadegg Another Member of Congress has had an Baesler Frank (MA) Oberstar Franks (NJ) Linder Shaw Baldacci Frost Olver Army nurse on his staff for years. Frelinghuysen Lipinski Shays Barcia Furse Ortiz Some Members of Congress are actually Frisa Livingston Shuster Barrett (NE) Gejdenson Orton Funderburk LoBiondo Skeen calling the Pentagon and requesting specific Becerra Gephardt Owens Gallegly Longley Smith (MI) officers by name. ``Can you send Captain Mid- Beilenson Geren Pallone Ganske Lucas Smith (NJ) Bentsen Gonzalez Pastor night up to my office to help out for a year?'' Gekas Manzullo Smith (TX) Bereuter Goodling Payne (NJ) Pentagon leaders believe that by detailing Gilchrest Martini Smith (WA) Berman Gordon Payne (VA) Gillmor Mascara Solomon staff up here they can ingratiate themselves Bevill Green (TX) Pelosi Gilman McCollum Souder with Members of Congress. In other words, Bishop Gutierrez Peterson (FL) Goodlatte McCrery Spence Blumenauer Hall (OH) Peterson (MN) the goal is to keep Members happy and Goss McHale Stearns Bonior Hall (TX) Pomeroy Graham McHugh Stockman grease the wheels for Defense appropriations. Borski Hamilton Poshard Greene (UT) McInnis Stump Those of us who been around for more than Boucher Harman Rahall Greenwood McIntosh Tate Browder Hastings (FL) Rangel a few years can recall the House Post Office Gunderson McKeon Tauzin Brown (CA) Hefner Reed scandal and the House Bank scandal. Gutknecht Metcalf Taylor (NC) Brown (FL) Hilliard Richardson Hancock Meyers Thomas My colleagues who are serving their first Brown (OH) Hinchey Riggs Hansen Mica Thornberry term can now look forward to the House DoD Bryant (TX) Hoyer Rivers Hastert Miller (FL) Tiahrt Cardin Jackson (IL) Roemer Staff Scandal. Hastings (WA) Molinari Torkildsen Castle Jackson-Lee Roybal-Allard Mr. DELLUMS. Mr. Speaker, I yield Hayes Mollohan Traficant Chapman (TX) Rush Hayworth Moorhead Upton back the balance of my time. Christensen Jefferson Sabo Hefley Morella Visclosky The SPEAKER pro tempore (Mr. Clay Johnson (SD) Sanders Heineman Murtha Vucanovich Clayton Johnson, E. B. Sawyer KINGSTON). Without objection, the pre- Herger Myers Walker Clement Johnston Schumer vious question is ordered on the con- Hilleary Myrick Walsh Clyburn Kaptur Scott Hobson Nethercutt Wamp ference report. Coleman Kelly Serrano Hoekstra Neumann Watts (OK) There was no objection. Collins (IL) Kennedy (MA) Sisisky Hoke Ney Weldon (FL) Collins (MI) Kennedy (RI) Skaggs MOTION TO RECOMMIT OFFERED BY MR. Holden Norwood Weldon (PA) Condit Kennelly Skelton DELLUMS Horn Nussle White Conyers Kildee Slaughter Hostettler Obey Whitfield Mr. DELLUMS. Mr. Speaker, I offer a Costello LaFalce Spratt Houghton Oxley Wicker Coyne Lantos Stenholm motion to recommit. Hunter Packard Wolf Cramer Levin Stokes The SPEAKER pro tempore. Is the Hutchinson Parker Young (AK) Cummings Lewis (GA) Stupak Hyde Paxon Zeliff gentleman opposed to the conference Danner Lofgren Talent Inglis Petri Zimmer report? de la Garza Lowey Tanner Istook Pickett Mr. DELLUMS. In its present form, DeFazio Luther Taylor (MS) yes, Mr. Speaker. DeLauro Maloney Tejeda NOT VOTING—16 Dellums Markey Thompson The SPEAKER pro tempore. The Deutsch Martinez Thornton Brownback McDade Williams Clerk will report the motion to recom- Dicks Matsui Thurman Dickey Rose Wilson Dingell McCarthy Torres Ford Scarborough Yates mit. Gibbons Schroeder Young (FL) The Clerk read as follows: Dixon McDermott Torricelli Dooley McKinney Towns Lincoln Stark Mr. DELLUMS moves to recommit the con- Dornan McNulty Velazquez Manton Studds ference report on the bill H.R. 3230 to the Durbin Meehan Vento committee of conference with instructions Edwards Meek Volkmer b 2229 Engel Menendez Ward to the managers on the part of the House to Mr. CUNNINGHAM and Mr. insist on section 367 of the House bill (relat- Eshoo Millender- Waters Evans McDonald Watt (NC) ing to impact aid assistance to local edu- SHADEGG changed their vote from Farr Miller (CA) Waxman ‘‘yea’’ to ‘‘nay.’’ cational agencies for the benefit of depend- Fattah Minge Weller ents of members of the Armed Forces and ci- Fazio Mink Wise Mr. CRAMER, Mrs. KELLY, Mr. vilian employees of the Department of De- Fields (LA) Moakley Woolsey MARTINEZ, and Mr. BARRETT of Ne- fense). Filner Montgomery Wynn braska changed their vote from ‘‘nay’’ The SPEAKER pro tempore. Without NAYS—236 to ‘‘yea.’’ objection, the previous question is or- Allard Blute Canady So the motion to recommit was re- dered on the motion to recommit. Archer Boehlert Chabot jected. There was no objection. Armey Boehner Chambliss The result of the vote was announced The SPEAKER pro tempore. The Bachus Bonilla Chenoweth as above recorded. Baker (CA) Bono Chrysler question is on the motion to recommit. Baker (LA) Brewster Clinger The SPEAKER pro tempore (Mr. The question was taken; and the Ballenger Bryant (TN) Coble KINGSTON). The question is on the con- Speaker pro tempore announced that Barr Bunn Coburn ference report. Barrett (WI) Bunning Collins (GA) the noes appeared to have it. Bartlett Burr Combest The question was taken; and the Mr. DELLUMS. Mr. Speaker, I object Barton Burton Cooley Speaker pro tempore announced that to the vote on the ground that a Bass Buyer Cox the noes appeared to have it. quorum is not present and make the Bateman Callahan Crane Mr. DELLUMS. Mr. Speaker, on that Bilbray Calvert Crapo point of order that a quorum is not Bilirakis Camp Cremeans I demand the yeas and nays. present. Bliley Campbell Cubin The yeas and nays were ordered. H9824 CONGRESSIONAL RECORD — HOUSE August 1, 1996 The SPEAKER pro tempore. This Visclosky Waters Whitfield REPORT ON RESOLUTION WAIVING Vucanovich Watts (OK) Wicker will be a 5-minute vote. Walker Weldon (FL) Wolf POINTS OF ORDER AGAINST CON- The vote was taken by electronic de- Walsh Weldon (PA) Young (AK) FERENCE REPORT ON S. 1316, vice, and there were—yeas 285, nays Wamp Weller Zeliff SAFE DRINKING WATER ACT 132, answered not voting 16, as follows: Ward White AMENDMENTS OF 1996 [Roll No. 397] NAYS—132 Mr. MCINNIS, from the Committee YEAS—285 Ackerman Franks (NJ) Neumann on Rules, submitted a privileged report Abercrombie Fowler McKeon Andrews Furse Oberstar (Rept. No. 104–743) on the resolution (H. Allard Fox McNulty Baesler Ganske Obey Res. 507) waiving points of order Archer Franks (CT) Meek Barrett (WI) Gutierrez Olver Armey Frelinghuysen Metcalf Becerra Gutknecht Owens against the conference report to ac- Bachus Frisa Meyers Beilenson Hall (TX) Pallone company the bill (S. 1316) to reauthor- Baker (CA) Frost Mica Berman Hilliard Payne (NJ) ize and amend title XIV of the Public Blumenauer Hinchey Pelosi Baker (LA) Funderburk Millender- Health Service Act (commonly known Baldacci Gallegly McDonald Blute Hoekstra Peterson (MN) Ballenger Gejdenson Miller (FL) Bonior Hutchinson Rahall as the ‘‘Safe Drinking Water Act’’), and Barcia Gekas Mink Borski Jackson (IL) Ramstad for other purposes, which was referred Barr Gephardt Molinari Brown (OH) Jacobs Rangel to the House Calendar and ordered to Barrett (NE) Geren Mollohan Bryant (TX) Johnson, Sam Riggs Bartlett Gilchrest Montgomery Bunn Johnston Rivers be printed. Barton Gillmor Moorhead Burton Kaptur Roemer f Bass Gilman Moran Camp Kennedy (MA) Roth Bateman Gonzalez Murtha Campbell Kleczka Roukema Cardin Klug Roybal-Allard APPOINTMENT OF MEMBER TO Bentsen Goodlatte Myers HOUSE OF REPRESENTATIVES Bereuter Goodling Myrick Chabot LaFalce Rush Bevill Gordon Nethercutt Collins (IL) Lantos Sabo PAGE BOARD Collins (MI) Leach Sanders Bilbray Goss Ney The SPEAKER pro tempore. Without Bilirakis Graham Norwood Conyers Lewis (GA) Sawyer Bishop Green (TX) Nussle Coyne LoBiondo Schumer objection, and pursuant to the provi- Bliley Greene (UT) Ortiz Cummings Lofgren Sensenbrenner sions of section 127 of Public Law 97– Danner Lowey Serrano Boehlert Greenwood Orton 377, the Chair announces the Speaker’s Boehner Gunderson Oxley DeFazio Luther Shays Bonilla Hall (OH) Packard Dellums Maloney Skaggs appointment of the following Member Bono Hamilton Parker Deutsch Markey Smith (MI) of the House to fill a vacancy on the Boucher Hancock Pastor Dingell Martinez Stockman Doggett Martini Stokes House of Representatives Page Board: Brewster Hansen Paxon Mrs. FOWLER of Florida. Browder Harman Payne (VA) Dornan Mascara Stupak Brown (CA) Hastert Peterson (FL) Doyle Matsui Talent There was no objection. Durbin McCarthy Tiahrt Brown (FL) Hastings (FL) Petri f Bryant (TN) Hastings (WA) Pickett Ehlers McDermott Towns Engel McIntosh Upton Bunning Hayes Pombo COMMUNICATION FROM THE HON. Burr Hayworth Pomeroy English McKinney Velazquez Buyer Hefley Porter Eshoo Meehan Vento JOHN TANNER, MEMBER OF CON- Callahan Hefner Portman Evans Menendez Volkmer GRESS Calvert Heineman Poshard Farr Miller (CA) Watt (NC) Canady Herger Pryce Fattah Minge Waxman The SPEAKER pro tempore laid be- Castle Hilleary Quillen Filner Moakley Wise fore the House the following commu- Foglietta Morella Woolsey Chambliss Hobson Quinn nication from the Honorable JOHN TAN- Chapman Hoke Radanovich Foley Nadler Wynn NER, Member of Congress: Chenoweth Holden Reed Frank (MA) Neal Zimmer CONGRESS OF THE UNITED STATES, Christensen Horn Regula NOT VOTING—16 Chrysler Hostettler Richardson HOUSE OF REPRESENTATIVES, Clay Houghton Roberts Brownback Manton Williams Washington, DC, July 31, 1996. Dickey McDade Wilson Clayton Hoyer Rogers Hon. NEWT GINGRICH, Ford Rose Yates Clement Hunter Rohrabacher Speaker, House of Representatives, Washington, Clinger Hyde Ros-Lehtinen Gibbons Schroeder Young (FL) Clyburn Inglis Royce Johnson (CT) Stark DC. Coble Istook Salmon Lincoln Studds DEAR MR. SPEAKER: This is to formally no- Coburn Jackson-Lee Sanford tify you, pursuant to Rule L (50) of the Rules Coleman (TX) Saxton b of the House of Representatives, that Doug Collins (GA) Jefferson Scarborough 2237 Thompson, Legislative Director in my Wash- Combest Johnson (SD) Schaefer Ms. ROYBAL-ALLARD changed her ington, D.C. office, has been served with a Condit Johnson, E. B. Schiff subpoena issued by the Superior Court of the Cooley Jones Scott vote from ‘‘yea’’ to ‘‘nay.’’ District of Columbia in the matter of John- Costello Kanjorski Seastrand Mr. HANCOCK changed his vote from Cox Kasich Shadegg son, et al. v. Public Housing Authorities Di- Cramer Kelly Shaw ‘‘nay’’ to ‘‘yea.’’ rectors Association, et al. Crane Kennedy (RI) Shuster So the conference report was agreed After consultation with the Office of Gen- Crapo Kennelly Sisisky eral Counsel, I have determined that compli- Cremeans Kildee Skeen to. The result of the vote was announced as above recorded. ance with the subpoena is consistent with Cubin Kim Skelton the precedents and privileges of the House. Cunningham King Slaughter A motion to reconsider was laid on Davis Kingston Smith (NJ) Sincerely, de la Garza Klink Smith (TX) the table. JOHN TANNER, Deal Knollenberg Smith (WA) Mrs. JOHNSON of Connecticut. Mr. Member of Congress. DeLauro Kolbe Solomon Speaker, on rollcall No. 397, I was un- f DeLay LaHood Souder Diaz-Balart Largent Spence avoidably detained. Had I been present, Dicks Latham Spratt I would have voted ‘‘yes.’’ REQUEST TO CONCUR IN SENATE Dixon LaTourette Stearns AMENDMENT TO H.R. 2739, HOUSE Dooley Laughlin Stenholm f OF REPRESENTATIVES ADMINIS- Doolittle Lazio Stump TRATIVE REFORM TECHNICAL Dreier Levin Tanner CORRECTIONS ACT Duncan Lewis (CA) Tate GENERAL LEAVE Dunn Lewis (KY) Tauzin Mr. THOMAS. Mr. Speaker, I ask Edwards Lightfoot Taylor (MS) Mr. SPENCE. Mr. Speaker, I ask Ehrlich Linder Taylor (NC) unanimous consent to take from the Ensign Lipinski Tejeda unanimous consent that all Members Speaker’s table the bill (H.R. 2739) to Everett Livingston Thomas may have 5 legislative days in which to provide for a representational allow- Ewing Longley Thompson revise and extend their remarks on the ance for Members of the House of Rep- Fawell Lucas Thornberry conference report just adopted. Fazio Manzullo Thornton resentatives, to make technical and Fields (LA) McCollum Thurman The SPEAKER pro tempore. Is there conforming changes to sundry provi- Fields (TX) McCrery Torkildsen objection to the request of the gen- sions of law in consequence of adminis- Flake McHale Torres Flanagan McHugh Torricelli tleman from South Carolina? trative reforms in the House of Rep- Forbes McInnis Traficant There was no objection. resentatives, and for other purposes, August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9825 with a Senate amendment thereto and appear hereafter in the Extensions of they contribute tangibly to the cost of concur in the Senate amendment. Remarks.] living for hardworking Americans. The SPEAKER pro tempore (Mr. f It is particularly appropriate to look FORBES). The Chair does not recognize The SPEAKER pro tempore. Under a at beer because the weight of an unfair the gentleman from California at this previous order of the House, the gen- tax system is heaviest on average time for that purpose. Americans when they lift a cold one. tleman from Florida [Mr. FOLEY] is f recognized for 5 minutes. The hidden taxes on beer are exception- ally high, and they fall overwhelmingly b 2145 [Mr. FOLEY addressed the House. His on average Americans who are already remarks will appear hereafter in the SPECIAL ORDERS doing more than their fair share to Extensions of Remarks.] support the government. The SPEAKER pro tempore (Mr. f To fully understand how heavily beer FORBES). Under the Speaker’s an- The SPEAKER pro tempore. Under a drinkers are taxed, I submit to this nounced policy of May 12, 1995, and previous order of the House, the gen- body a powerful study completed by under a previous order of the House, tleman from Massachusetts [Mr. the economic research firm DRI/ the following Members will be recog- TORKILDSEN] is recognized for 5 min- McGraw Hill. According to this analy- nized for 5 minutes each. utes. sis, taxes represent fully 43 percent of f [Mr. TORKILDSEN addressed the the retail price of beer. This astonish- The SPEAKER pro tempore. Under a House. His remarks will appear here- ing conclusion is arrived at by tabulat- previous order of the House, the gentle- after in the Extensions of Remarks.] ing federal and state excise taxes, state woman from Illinois [Mrs. COLLINS] is and local sales taxes, taxes on cor- f recognized for 5 minutes. porate and personal earnings, in fact, The SPEAKER pro tempore. Under a [Mrs. COLLINS of Illinois addressed of all the taxes that go into a bottle or previous order of the House, the gen- the House. Her remarks will appear can of beer. Not just the taxes people tleman from Califormia [Mr. DREIER] is hereafter in the Extensions of Re- see but all the taxes. recognized for 5 minutes. marks.] The beer tax is an excellent example f [Mr. DREIER addressed the House. of how unseen taxes—taxes that don’t His remarks will appear hereafter in require government to be as account- The SPEAKER pro tempore. Under a the Extensions of Remarks.] able to the public—can lead to a previous order of the House, the gen- f misallocation of the tax burden across tleman from New Jersey [Mr. SAXTON] our society. To appreciate this, I ask is recognized for 5 minutes. The SPEAKER pro tempore. Under a previous order of the House, the gen- you to remember the circumstances [Mr. SAXTON addressed the House. under which the federal excise tax on His remarks will appear hereafter in tleman from Georgia [Mr. NORWOOD] is recognized for 5 minutes. beer was raised in 1990. the Extensions of Remarks.] That year, Congress imposed a tax f [Mr. NORWOOD addressed the House. increase not only on beer but also on His remarks will appear hereafter in luxury items. Persons purchasing lux- The SPEAKER pro tempore. Under a the Extensions of Remarks.] previous order of the House, the gen- ury automobiles would have to pay f tleman from Pennsylvania [Mr. KLINK] more—as would those buying yachts, is recognized for 5 minutes. MIDDLE CLASS TAX RELIEF: private airplanes, furs and jewelry. While I do not like hidden taxes or [Mr. KLINK addressed the House. His REDUCE THE BEER TAX tax increases, I understand the symme- remarks will appear hereafter in the The SPEAKER pro tempore. Under a try of a tax policy that says, ‘‘If we’re Extensions of Remarks.] previous order of the House, the gen- going to impose a discriminatory tax f tleman from Pennsylvania [Mr. ENG- on beer drinkers * * * let’s do the same The SPEAKER pro tempore. Under a LISH] is recognized for 5 minutes. for yachtsmen.’’ After all, nearly two- previous order of the House, the gen- Mr. Speaker, I represent part of thirds of the beer consumed in the U.S. tleman from Indiana [Mr. BURTON] is Western Pennsylvania, a region which is purchased by households earning recognized for 5 minutes. gave rise to the Whiskey Rebellion, one $45,000 a year or less. [Mr. BURTON of Indiana addressed of America’s first tax revolts. Today, But, look what has happened since the House. His remarks will appear working families in our area face a the 1990 tax package was passed. The hereafter in the Extensions of Re- higher tax burden than ever before—So tax on yacht owners has been repealed. marks.] I am pleased to introduce today infor- So has the tax on private airplanes. f mation that provides strong support And so has the tax on people buying for H.R. 3817, a bill to provide meaning- jewelry and furs. In fact, only the tax The SPEAKER pro tempore. Under a ful tax relief to average Americans. on luxury autos remain—and, a few previous order of the House, the gen- If enacted, this bill will eliminate the weeks ago, we voted to phase out that tleman from New Jersey [Mr. PALLONE] $1.7 billion federal tax increase im- provision. is recognized for 5 minutes. posed on more than 80 million Amer- In each case, the rationale offered for [Mr. PALLONE addressed the House. ican beer drinkers since 1990. And with removing these luxury taxes on unem- His remarks will appear hereafter in good reason. ployment. But that same logic applies the Extensions of Remarks.] Most working Americans have little to beer. In fact, the beer tax increase f conception of the level at which they eliminated tens of thousands of jobs— The SPEAKER pro tempore. Under a are taxed. Certainly, average men and an impact that dwarfs that of all the previous order of the House, the gen- women know that they pay a personal luxury taxes, combined. tleman from Indiana [Mr. MCINTOSH] is income tax and the FICA tax and they Mr. Speaker, I suggest that the hid- recognized for 5 minutes. probably notice the state sales tax that den nature of the beer tax increase con- is levied on many of the products they tributed directly to this unfortunate [Mr. MCINTOSH addressed the House. His remarks will appear hereafter in buy. But these taxes are only the tip of outcome. If hardworking, average the Extensions of Remarks.] the iceberg. It’s important that aver- Americans knew how much they pay in age Americans understand how much taxes on beer—and if they understood f of the total tax burden they bear is in- how those taxes cost jobs—the 1990 The SPEAKER pro tempore. Under a visible to them. I am talking about beer tax increase would have been re- previous order of the House, the gentle- hidden taxes that are buried in the pur- pealed long before now. woman from Texas [Ms. JACKSON-LEE] chase price of products ranging from But it is by no means too late to act. is recognized for 5 minutes. beer to bread to gasoline. Because they By repealing the 1990 tax, we can large- [Ms. JACKSON-LEE of Texas ad- are concealed, these taxes engender lit- ly undo the damage that was done six dressed the House. Her remarks will tle opposition from the taxpayers. But year ago. DRI/McGraw Hill estimates H9826 CONGRESSIONAL RECORD — HOUSE August 1, 1996 that eliminating the 1990 tax hike STUDY GOALS AND SCOPE SUMMARY OF FINDINGS The goal of the DRI/McGraw-Hill research would put millions of dollars back into The tax burden borne by beer consumers is the pockets of working Americans who was to identify all taxes associated with the brewing industry. far higher than average for the U.S. econ- drink beer. It would increase beer sales Tax burdens include: taxes paid at all omy. by more than 2 percent—and it would stages of production, distribution, and sales; Taxes represent 43 percent of the retail create 50,000 jobs in our nation’s econ- taxes related to sales, income, profits, and price of beer. In comparison, total Federal, payroll; taxes paid to Federal, state, or local omy. state, and local taxes equal 30 percent of governments. Moreover, the study also found that A standard procedure was adopted to ob- final sales of all products [GNP] in the U.S. increased employment, reduced de- tain reliable, consistent study results. approximately 20 percent at the Federal level and 10 percent at the state-local level mand for Government services, and The data sources for the calculations are public, published information primarily from depending on the year. other macroeconomics effects, would the Department of Commerce and the Inter- In the reference year (1993), taxes on beer offset fully 75 percent of the budget im- nal Revenue Service, allowing confirmation raised just under $21 billion. The income gen- pact of repealing the beer tax. of the conclusions by any interested parties. Economic value-added components and erated by beer industry manufacturers and I ask my colleagues to consider the taxes are presented in both absolute mag- related sales and distribution partners added evidence, and join with me—and with nitudes (billions of U.S. dollars) and propor- $8.6 billion in Federal personal income, prof- Representatives ENSIGN, CHRISTENSEN, tions (shares of value added and effective av- it, and payroll revenues and $2.6 in similar erage tax rates.) and BLUTE, who are cosponsors of this state-local revenue. Sales and excise taxes 1993 was the most recent year for which all on the beer value-added chain added a fur- bill—in supporting H.R. 3817. necessary data was available, thus this is the ther $9.1 billion to government coffers. reference year for all computations. August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9827 H9828 CONGRESSIONAL RECORD — HOUSE August 1, 1996 August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9829

METHODOLOGY Description of supplementary tables salary compensation, and are listed under This DRI/McGraw-Hill study identifies the The top-line number used for the beer in- the ‘‘Taxes on Labor’’ columns, specified in economic value-added chains and tax bur- dustry is a total domestic consumption 1 millions of dollars. dens of the beer industry. Data taken from a number for the year 1993. (See, for example, Effective tax rates were calculated as the variety of sources including the Bureau of page 1, cell B17 of the supplementary table gross tax receipts as documented by the Na- Economic Analysis [BEA] National Income entitled, ‘‘Brewing Industry Data Appen- tional Income and Product Accounts divided and Product Accounts, the 1993 Internal Rev- dix’’.) For beer, the dollar values for total by the relevant tax base developed by DRI/ enue Service [IRS] Corporation Source Book consumption—which include both at home McGraw-Hill. For example, the average Fed- of Statistics of Income, and the BEA’s most and restaurant expenditures—were sourced eral personal income tax rate for 1993 was recent Benchmark Input-Output Accounts of from the National Income and Product Ac- 11.7% Marginal Federal tax rates begin at 15 the United States were utilized to calculate counts, ‘‘Personal Income and Outlays,’’ pro- percent and rise to 39.6 percent, but exemp- the value added and associated tax burden duced by the BEA. tions and deductions reduce the ratio of along the process of production, transport, In order to arrive at a domestic production taxes to income to 11.7 percent. Similarly, and distribution. and distribution number—i.e., how much tax credits and other adjustments reduce the U.S. companies produce and distribute—we effective Federal corporate income tax rate Description of summary table adjusted the total consumption number by from the statutory 35 percent to a 32.2 per- The table which precedes this section of subtracting imports and adding in exports. cent effective average rate. The source for these trade figures is the pub- the report contains three sections: Tax Bur- Taxes on profits dens Through the Production Chain, The lication Trade and Employment produced Value-Added Chain, and Tax Dollars Paid as jointly by the Bureau of the Census and Bu- Profits were calculated as industry-specific a Percent of Value Added. The first section, reau of Labor Statistics. percentages of revenue based on data in the Tax Burdens Through the Production Chain, The total consumption number adjusted Corporation Source Book of Statistics of In- is a compilation of tax calculations from the for trade for each good was then decomposed come compiled by the IRS. These profit mar- supporting table contained in the Data Ap- into its value-added chain, i.e., producer’s gins were then multiplied by the revenues pendix which follows. ‘‘Sales and Excise contribution, transportation services, whole- associated with the calculated value-added Taxes’’ in the summary table were taken sale services, and retail services. For beer, components. Federal, and state and local from the columns labeled ‘‘Total Taxes: Indi- the producer’s contribution is the 1993 ship- profit taxes are taxes on corporate profits. rect’’ on page 2 of the supporting table. ments value from the Annual Survey of Man- Federal, and state and local taxes are taxes Taxes associated with retail beer sales are ufacturers prepared by the Bureau of the on dividends and capital gains realized by the sum of on-premise (eating and drinking Census. The input-output accounts were shareholders; we estimated these dividends establishments) and off-premise (grocery and again used to estimate the transportation, and gains as corporate profits minus taxes. liquor stores) activities. The ‘‘Income, Prof- wholesale and retail services along each As noted above, the effective average tax it, and Payroll Taxes’’ in the summary table product’s value-added chain. rates were calculated by DRI/McGraw-Hill represent all other taxes as calculated in the The producers’ contribution to value added using inputs from the National Income and tables in the Data Appendix. ‘‘Total Taxes’’ includes the value added of all suppliers to Product Accounts. on the summary page are equal to the the manufacturer. These inputs are then fur- Tax on other value added ther detailed in the bottom half of the beer ‘‘Grand Total’’ as found in the supporting Other value added includes items such as table. industry table with the distribution among the various inputs derived from the input- depreciation and non-corporate income, and The middle section of the summary table, output accounts. The value of these inputs represents additional taxable output to the The Value-Added Chain, was also taken di- depreciation and other small value-added economy. Depreciation, for example, rep- rectly from the supporting table, and is dis- contributions of the manufacturer are re- resents capital expenditure and thus, income cussed at length below. In each step of pro- ported as ‘‘Other Value Added.’’ For exam- to firms that provide related goods and serv- ducing, transporting, and distributing beer ices. Effective Federal and state tax rates to the consumer, value is added through the ple, in the supplementary table for the brewing industry, the value of beer shipped by that are applied to the general economy were employment of workers, the depreciation of multiplied by a calculation of other value capital, and the realization of profit. Each manufacturers is roughly $17 billion. ‘‘Other Value Added’’ is $13 billion of which approxi- added along the relative production chains line item, in billions of dollars, represents a for each analyzed industry. portion of the total final national expendi- mately $10 billion is brewing inputs detailed ture for beer. in the lower half of the table. Indirect taxes The last section of the summary table, Tax Taxes on labor Indirect taxes represents all sales, excise, Dollars Paid as a Percent of Value Added, Labor compensation was calculated as a and product-related taxes. Sales taxes and simply divides the values in the first section portion of industry output and each associ- non-tax government payments (e.g., licenses, by the values in the second. This section in- ated link along the value-added chain. Wages fees, penalties) were calculated as a percent- dicates the relative tax burden that the beer and salaries (taxable compensation) were age of total output through input-output ac- industry bears at each stage of production taken as a percentage of total labor com- counts, with the exception of retail taxes. and distribution. For example, 43 percent of pensation calculated through statistics pre- These taxes were calculated based on tax the total value added to the economy by the sented in the National Income and Product rates presented in a study by the Institute beer industry represents taxes of one form or Accounts. Effective tax rates for Federal on Taxation and Economic Policy. Product- another. A large portion of the taxes on the payroll and income and state and local in- related taxes (e.g., alcohol) were calculated beer industry are paid at the prouder level. come for 1993 were multiplied by wage and from reliable industry-specific literature. H9830 CONGRESSIONAL RECORD — HOUSE August 1, 1996 August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9831 H9832 CONGRESSIONAL RECORD — HOUSE August 1, 1996 The SPEAKER pro tempore. Under a chance to take over that office and to WE NEED TO GO FURTHER WITH previous order of the House, the gentle- give a Hollywood chum of the Presi- HEALTH CARE LEGISLATION woman from New York [Mrs. KELLY] is dent a chance at the contracts to give The SPEAKER pro tempore. Under a recognized for 5 minutes. travel services to the media who cover previous order of the House, the gentle- Mrs. KELLY addressed the House. the White House. woman from Texas [Ms. JACKSON-LEE] Her remarks will appear hereafter in Billy Dale was fired unjustly, and is recognized for 5 minutes. the Extension of Remarks.] when there was a large protest about Ms. JACKSON-LEE of Texas. Mr. f this, the President decided, and who- Speaker, I wanted to come to the floor ever it was, that they would not just be this evening to clarify and conclude a TREATING PEOPLE LIKE THIS IS A satisfied with firing Billy Dale, but debate that we had earlier today on the DISGRACE they would have to file charges against floor of the House. First of all, let me The SPEAKER pro tempore. Under a this man, this guy, this ordinary work- acknowledge that I am grateful in a bi- previous order of the House, the gen- ing man who spent all of his life trying partisan manner that this House and tleman from California [Mr. to do his duty, had been in the mili- the Senate has passed the Kennedy- ROHRABACHER] is recognized for 5 min- tary. Kassebaum legislation. utes. He was there in a bipartisan job in b Mr. ROHRABACHER. Mr. Speaker, the White House, just a little public 2300 today we learned the joyous news our servant, somebody, a civil service fel- There are many aspects of the legis- colleague, the gentleman from Penn- low, and he was fired, and he was then lation that we could cite as being posi- sylvania [Mr. MCDADE], was found not not only fired but prosecuted in order tive, and some that we need to have guilty on all charges against him. JOE to cover up the wrongdoing and the further refinement. But there was a di- was one of the most admired and dis- wrong action that was taken against alog on the floor of the House today tinguished Members of this body. He is him. that I engaged in with my friend, the much beloved by his constituents of his Well this was something that was gentleman from Iowa, as to my concern Pennsylvania district. JOE, however, again confirmed by the fact that Billy of the heavy burdens falling upon our was targeted by a prosecutor looking Dale, with all of the prosecutorial physicians throughout this Nation. for a trophy. He wanted to put a trophy power of the Federal Government There is no doubt that I am gratified of JOE on the wall, he wanted to con- against him, when it was taken to to have been able to support and co- vict a Congressman, a prosecutor in- court it took 2 hours, 2 hours for a jury sponsor the legislation that was just tent on bringing JOE down in order to to find that Billy Dale was innocent of passed, that allows Americans to have further his own career. all the charges against him. portability with their health insur- Well, as time went on it was clear Yet, like JOE MCDADE, Billy Dale was ance, and not to be penalized for pre- that JOE was innocent. The prosecutor, not a rich man, and Billy Dale’s entire existing disease. We need to go further. however, had to double his efforts or life’s savings was destroyed by trying We need to ensure that all Americans admit that he had wasted the tax- to defend himself against a vindictive have access to good health care. payers’ time on a questionable, very President who was trying to cover up At the same time, I am familiar and questionable prosecution. his own wrongdoing. interact with many aspects of the med- Today, after over 4 years of brutal at- Now, after the President agreed ical profession: those physicians who tack by an abusive prosecutor, JOE through his spokesman at the White practice in rural America and urban MCDADE was found innocent of all the House that he would sign a piece of leg- America. In fact, I have served on an charges against him. A jury of his islation, legislation that passed over- indigent health task force for the State peers heard the evidence and decided whelmingly in this body, to make up at of Texas, where we were fighting that they were groundless. Unfortu- least to some small degree the injus- against the closing of rural hospitals nately JOE’s defense cost him his en- tice that was given to this man, Billy throughout that State. One of the tire life savings. He has been put Dale, who ran the travel office there at problems, of course, was the inability through a travail that none of us would the White House, the President now is of many of the physicians to be able to like to emulate. reneging on that agreement. The Presi- practice in those communities because Well, we rejoice with JOE, but we also dent said, ‘‘Oh, not until all the legal of limited access to insurance that add the fact that he was found inno- fees of all the people who were being would cover those constituents, and, as cent, and we stand committed to try to investigated by this Congress are paid well, limited access to viable hospitals. make up at least for the financial loss are we going to pay for Billy Dale.’’ It is those physicians who practice in that he suffered. He has suffered a ca- Well let me remind the President, inner city America and rural America tastrophe at the hands of an out-of- and I guess I cannot speak directly to who have private practices who I am control prosecutor, a prosecutor gone the President, but let me remind all of concerned will be heavily burdened berserk in order to bring down a public you that the President of the United with the fraudulent provisions that are official in order to make himself look States is talking about people who so severe in this legislation. We want good. were not found innocent of crimes, or to get rid of the fraud and abuse and And what has the cost been to this are being investigated, versus Billy certainly the bad practitioners, but man personally, a loyal hardworking Dale who was found totally innocent of overall, America’s physicians take the public servant who committed his en- all the charges against him. This is an Hippocratic oath, and all they want to tire life to his country and to his con- absolute travesty. do is to serve their patients. stituents? We will welcome JOE back President Clinton must stand by his If you have an office situation that is here joyously after this great victory. word. Through his spokesman, he com- small and not necessarily computer- But today something else happened. mitted to sign the bill that would pay processed, and you have an inadvertent Today President Clinton announced Billy Dale’s legal expenses and make staff person who repeats the billing to that he is reneging on his agreement, up for the wrongdoing that his admin- Medicare or some other service, then as stated by his White House spokes- istration was involved in in basically you are charged with knowingly and man, to sign a bill which would pay for relieving Mr. Dale of his job in the first intentionally and recklessly providing the legal expenses of Billy Dale. This is place and then bringing criminal this documentation, and are subject to a bill that passed this House over- wrongdoing against Mr. Dale to cover the fraud provisions. whelmingly, to pay the legal expenses up that tactic against this civil serv- I really think that we have an oppor- of Billy Dale. ant. tunity, as this bill is signed, to revisit Now you may remember who Billy Mr. Clinton has gone too far, he has this question and to study this ques- Dale is. Billy Dale was the civil service to keep his agreement with us, and he tion, to ensure that those physicians employee at the White House who ran must keep faith with the values of the who serve our most needy of Americans the travel office. He was fired by the American people instead of treating in rural and urban centers around the White House early on in order to give some civil servant like this. It is a dis- Nation are allowed to do their practice, basically a relative of the President a grace. the practice of medicine, and that we August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9833 do not hinder them and tie their hands First District of Georgia heroes that from everyday walks of life, our coun- so they are not able to serve those con- led the safety efforts in last Saturday’s try will continue to be a great Nation. stituents, and that they are not sub- early morning Centennial Park explo- I am proud to say that I know some of jected to some of the harshest fraudu- sion in the Olympics in Atlanta. The these guys vicariously. I certainly lent provisions that are in this particu- gentlemen that I want to recognize are know of them very well and know their lar legislation. Mr. Ted Riner, Mr. Tommy Sisson, and families, and I am very, very proud of Mr. Speaker, I would encourage my Mr. David Averitt. These are all State them. colleagues, Democrats and Republicans troopers who lived in Statesboro, GA, Just think what it would have been alike, that we consider whether or not, who were on detail at the Centennial like, how much more tragic the explo- as we watch this legislation progress, Park in Atlanta. sion in Centennial Park would have that it is not too severe to inhibit I also wanted to recognize Mr. Tom been, if it had not been for their fast those who might serve those most Davis, who married a Statesboro girl, and immediate action. So I salute needy constituents. who is the daughter of my friends, them, and I know all 435 Members of ANTITERRORISM LEGISLATION AND THE STATUS Bobby and Floyd Naxton, in Congress join me in this salutation: OF AMERICAN MILITIAS Statesboro. Tom was the GVI agent in Job well done, gentlemen. Mr. Speaker, let me point out two charge of Centennial Park. If you can f other matters that we have had the op- visualize the scene a little bit, in fact TRIBUTE TO STAFF OF THE LATE portunity to discuss this week. One, last Monday, Libby, my wife and I were HONORABLE HAMILTON FISH, JR. there has been a conference committee, at an Olympic medal ceremony in Sa- bipartisan, in which the President has vannah, and it was very similar to the The SPEAKER pro tempore. Under a instructed the leaders of Congress to scene that had happened on Saturday, previous order of the House, the gentle- respond to the concerns of the Amer- just a few days before. The Spinners woman from New York [Mrs. KELLY] is ican public and to pass antiterrorism were playing, a great popular group, recognized for 5 minutes. legislation, which would include wire- everybody was dancing, everybody was Mrs. KELLY. Mr. Speaker, since he tapping, increased services or increased having a good time, folks were cele- was first elected to the 91st Congress in resources to our law enforcement, and, brating the Olympics from all over 1968 until his retirement in 1994, Hamil- as well, would provide for taggant, America, from all over the world, and ton Fish, Jr., has relied heavily on the what we would call the kind of track- so forth. support of his staff. During his 26-year ing devices, to determine who might I was thinking, this is what the scene tenure there were more than 70 staffers have been behind any kind of explosive was like Saturday morning early, at who served him loyally. The following incident or tradegy. 1:20 a.m., when the bomb exploded. As is a list of those who served at least 3 It seems as if, however, we have not we know, Mr. Davis was among the years or more, as recalled to my mem- been able to come to a meeting of the very first to know of the bomb, and im- ory. minds, and that Members of this mediately he began evacuating the The first of these is John Barry, from House, Republicans, have refused to lis- area. Mr. Riner, Mr. Sisson, and Mr. the Catskills in New York. He met ten to the President and to the Amer- Averitt all were key players. Ham Fish in 1965 and became a trusted ican public asking for greater national There were only 9 people evacuating friend, adviser, campaign manager, and security. I hope we can find an oppor- about 150 partiers. Some of these confidante, launched and ran a success- tunity to come together on this issue, partiers had been drinking, some of ful campaign, getting Ham elected to and not allow partisan politics to di- them were tired, some of them did not Congress the first time in 1968, and vide us on this question of terrorism. want to be interrupted in their from that point on continued as his I hope also this House will have hear- partying, and yet these brave men very campaign manager and adviser and ings on terrorism, domestic and inter- calmly but very firmly led these 150 served as his administrative assistant national. I would also like my col- people, this group, out of the way of until he retired, from 1968 until 1982. leagues to join me in the support of danger, and when the bomb went off, John currently resides in West Palm House Concurrent Resolution 206, only two people were fatally wounded, Beach, FL. It was my joy and pleasure which I will offer, that will suggest to which, of course, were two too many. to serve Ham and work with John this Congress that we join together to However, you can only think of how Barry. John was a remarkable man determine the state of militia in this many people would have died if it had whom Ham was very lucky to have on Nation, to determine whether there are not been for the efforts of these four staff. those who are organized in a violent men and the five others who were with John Nacarrato is another one. John manner to overthrow this Nation. If them. Nacarrato was elected eventually to they are in the form of militia, then we The interesting part, being true the Ulster County legislature, but he should find them, identify them, and Americans, true officers who will do served as district director for Hamilton prosecute them to the fullest of the their duty and act without question Fish until he retired in 1992. John is law, and certainly the Department of when the time of emergency comes, my friend from the early Ham Fish Justice should be involved in this pros- they laughed later when they were told days, and he owns and runs PJ’s Res- ecution. We must not tolerate terror- that they were heroes. They said, why taurant in Kingston, NY. I go up there ism, domestically or internationally. are we heroes? We were just doing our to see him often. I would encourage my colleagues in jobs. Helen Fuimarello, this is another the House to get on with the business Then they talked about being wound- woman who met Ham Fish and volun- of an antiterrorism bill, and to join me ed, as all three of them were. Mr. Davis teered on his campaign, then joined in this militia legislation that will was not wounded, but the three of them him. She came from Hamilton Fish’s bring individuals to justice who would were, the three others were. They said staff onto my staff and helped me set overthrow this Government. that even as they were being told to lie up my office in Dutchess County. She f still and being taken to the hospital, retired from Federal service in 1996, their first concern was, how many peo- and currently works part-time for our TRIBUTE TO TROOPERS WHO ple were injured, and what about each State senator, Stephen Saland. Helen SAVED LIVES IN ATLANTA’S other? They all, Riner, Sisson, and and I remain good friends and I rely on CENTENNIAL PARK BOMBING Averitt, had known each other. They her excellent advice always. The SPEAKER pro tempore (Mr. know Pam, David’s wife, and they were I want to mention Aya Ely. Aya Ely FORBES). Under a previous order of the all very fond, and that was their first was Ham’s personal secretary from 1968 House, the gentleman from Georgia concern each one of them had, for the until 1987. She was an absolutely re- [Mr. KINGSTON] is recognized for 5 min- other person and for the public in gen- markable woman. utes. eral. Then there was Marion Clow. Marion Mr. KINGSTON. Mr. Speaker, I would Mr. Speaker, as long as America has kept us all in line. She was on Ham’s certainly be remiss in my duty if I did men like this, people like this from all staff from 1969 until she retired about not brag on and recognize four of our over the country, heroes that come 1983. H9834 CONGRESSIONAL RECORD — HOUSE August 1, 1996 Then there was Alan Coffey, Jr. Alan Mr. Speaker, shortly after I was conference report because of the good started in 1969. Alan is still on Capitol elected to the Congress in 1992, several things in it, notwithstanding what it Hill. He served on the House Commit- constituents first raised with me the does to the cause of POW’s and MIA’s. tee on the Judiciary as minority coun- POW–MIA issue. It did not take a great Everyone has to make this own deci- sel, but he is now majority general deal of research before I concluded, to sions in matters of that kind. I freely counsel and staff director of the Com- my shame, that our Government had admit that my vote was based more on mittee on the Judiciary. Alan is as left hundreds of POW’s behind in Viet- conscience than on policy. I simply sharp as ever, but he started with Ham- nam at the end of that war. Since I en- cannot join in once more sacrificing ilton Fish. tered the Congress I have participated the interests of our POW’s in the name Gerry Schindler started as a volun- in hearings which have only reinforced of some greater good. Objectively I teer on Ham’s campaign. Eventually my original conclusion in that matter. know that what the Congress did to- Gerry moved to Salisbury, MD, and In fact, the Government’s denials in night will have little effect on those now works in the office of Congressman these hearings have taken on a feeble left behind in Vietnam. I am sure they WAYNE GILCHREST. She is a lovely, kind and pro forma quality, as if they know have long since given up hope of deliv- woman, and another friend of mine. and we know that what they must say erance and in fact most are by now Then there is Shirley Cavanaugh, for the record is not true. buried in fields or shallow graves or Dorothy Pedersen, Clementine An- Like many other Members, I con- stored in warehouses in case the Viet- thony, Janice Traber, Shelva Hoffman, tinue trying to expose this truth pub- namese need their bodies for some pur- Tom Schatz, and Phyllis Coleman, an- licly, but I am not so naive as to be- pose. What I find unendurable is the other remarkable woman. She started lieve, with all the foreign policy, eco- sense that we have today abandoned in 1979 in Ham’s Poughkeepsie office as nomic, and personal interests at stake them again, heaping yet another be- a caseworker and staff assistant. Later that any administration is likely to trayal on the bones of these honorable she moved to the Washington office to admit that several hundred men were men who made the mistake of trusting work as a legislative correspondent and left behind following Operation Home- us. chief caseworkers. She served Ham for coming in 1973, and that a 20-year bi- f 151⁄2 years, and then she moved with me partisan coverup has since occurred. into my office. She is the finest human HEALTH INSURANCE REFORM 2315 being I have found here on Capitol Hill. LEGISLATION But I did think it possible to make She is a wonderful human being, and The SPEAKER pro tempore (Mr. better provision for servicemen in the has helped countless people in my dis- FORBES). Under the Speaker’s an- trict. My hat is off to Phyllis Coleman future. I was very pleased when, in last year’s authorization bill, Congress nounced policy of May 12, 1995, the gen- for her many, many years of service. I tleman from New Jersey [Mr. PALLONE] am proud to have her in my office. passed the Missing Service Personnel Act. This act established a separate is recognized for one-half of the re- Hope Wittenberg worked for Ham. maining time as the designee of the Nick Hayes came in, replacing John agency to track POW–MIA’s, granting extensive powers to that agency and minority leader. Barry, from 1982 to 1994. He was Ham’s Mr. PALLONE. Mr. Speaker, I do not legal rights to the families of missing administrative assistant. Nick, too, re- plan to use all of the time. But I did servicemen. The new legislation made mains a good friend. want to take to the floor tonight to Nora Lucey Mail is still here on Cap- it much less likely that soldiers could be left behind in subsequent wars. It talk about the health insurance reform itol Hill. Mariel Friedman, David legislation that was passed today on a Gilroy, and then there is Pari Forood tacitly recognized and therefore par- bipartisan basis and certainly start off Novik. Pari Novik and her husband tially redeemed the sins of the past. by saying that I am pleased that the Dick are good friends. She served 6 Nothing could give better meaning to bill did pass, that we have agreement years on Ham’s staff, and they live in the past sacrifices of our POW’s than between the House and the Senate, and Dutchess County, where they help the real action to ensure that others are that this legislation will go to the Dutchess community in hundreds of never abandoned as they were. President and that the President has ways. Pari basically now has opened However, during debate on this year’s indicated, obviously, that he will sign and runs a radio station. bill, and at the urging of the Pentagon, Molly Clark, Morey Markowitz, the Senate adopted an amendment gut- it, because at least we will be able to Grace Washbourne. Grace always made ting the legislation passed only 6 say that this year there has been some sure Ham got where he needed to go. months ago, loosening standards for in- progress, albeit small progress, but She was a scheduler and a wonderful vestigation and certification. some progress toward expanding health help to Ham. As has so often been the case with insurance opportunities for Americans. Debbie Reilly, Renee Longacre, Mike the POW–MIA issue, it is impossible to I have been very concerned over the Hanretta, Heather Whyte, Nancy fathom the reason for the Senate’s and last 2 years that we would not get this Eaton, another caseworker who moved presumably the Pentagon’s position. legislation passed because of inaction, from Ham’s office to help me. Certainly the families and the veterans which I put the blame on the Repub- Linda Jo Edwards, Melissa Bottini, organizations will be mystified and lican leadership here in the House. One Claire Benson, and many more. These heartbroken. As I said before, the new of the things that Democrats, that we are the people who made the office of law has only been in place for 6 as Democrats did at the beginning of Hamilton Fish what it was and helped months. What have we learned in that this session of Congress, was to estab- Ham be the man that he was, and short period of time that justifies so lish a health care task force whose goal helped him continue to keep his image significant a change? Why do we now primarily was to try to expand health well-honed. I believe it fitting that we believe that it is acceptable for a com- insurance opportunities for the many also offer them a tribute, as we have mander to wait 10 days before report- Americans who either do not have Ham. ing that one of this men is missing in health insurance or who have problems f action? Why is it less important now obtaining health insurance even if they than it was 6 month ago to require that can afford to pay for it. I think this is OPPOSITION TO DEFENSE forensic standards be satisfied before one of the major issues that we must AUTHORIZATION BILL identifying a body based on one tooth address not only in this Congress, but The SPEAKER pro tempore. Under a or one bone? And what has the Depart- also in future Congresses. previous order of the House, the gen- ment of Defense done since the begin- The bottom line is that more and tleman from Missouri [Mr. TALENT] is ning of the year that should convince more people every day in this country recognized for 5 minutes. us to err on the side of giving it more do not have health insurance. The esti- Mr. TALENT. Mr. Speaker, I rise to discretion in making these determina- mates now are that it may be as many explain my opposition to the con- tions given its dismal record over the as 40 million Americans. I think it is ference report on the defense author- last 20 years? unconscionable that that number con- ization bill which the House passed ear- Mr. Speaker, I cannot blame any tinues to grow, and I think that gov- lier this evening. Member who decided to vote for this ernment, and the Federal Government August 1, 1996 CONGRESSIONAL RECORD — HOUSE H9835 in particular, must do whatever it can other special interest provisions which out with this bill as a vehicle to show to try to increase opportunities for I am going to go into a little bit now, that they are moderate and they were health insurance and ultimately to I think, were basically not important, actually trying to do something for the bring down the number of Americans should have been excluded from the be- average American. who do not have health insurance, who ginning, and unfortunately were not, Even though that was true and even are not covered by health insurance. but today we finally came to a conclu- though the political pressure was on Let me just point out today why I sion and we have a relatively clean bill them to try to do that and hopefully to think that the bill that was approved, and deals with those preexisting condi- move this bill, we still had a holdup be- which I call the Kennedy-Kassebaum tions and portability provisions of the cause the leadership, Speaker GING- bill, for the two Senators who initially original Kennedy-Kassebaum bill. RICH, the Republican leadership, in- sponsored it in this session of Congress. Let me talk a little bit about what I sisted on including the medical savings What it does essentially, it does a lot consider the politics of this, because I accounts as a provision in this legisla- of things but I would just like to high- have to say that I believe that as tion. light four things that I think are most Democrats, as a Democrat and as a I have stated over and over again important. party, we have really taken the leader- that the medical savings accounts were One is, and most importantly, it ship to try to get this legislation the poison pill, essentially the delay, deals with the whole issue of what we passed this year in this Congress. More and the fact that this bill did not come call portability, where an individual or than anyone else, the President has to the floor in this form until today a family, the head of the household I taken a leadership role. He announced was largely due to the Speaker’s insist- should say, loses their job or has to in his State of the Union address this ence and the Republican leadership’s change jobs. Increasingly, that be- year that if he was sent this bill with insistence that medical savings ac- comes a difficult problem for that indi- the preexisting condition provisions counts be included in the legislation. I vidual or that head of the household or and with the portability provisions as a have pointed out and I will point out the family as a whole to find health in- clean bill that he would sign it. Basi- again, I believe the major reason for that push was because they received so surance when they change a job or cally, President Clinton deserves most much money, the Republican Party when they lose their job. In addition, of the credit for the fact that this leg- did, from the Golden Rule Insurance we have a lot of Americans who in that islation finally passed tonight, and he Co., which is the main company that circumstance or in other cir- is going to sign it. cumstances cannot find health insur- However, what I hear from my Re- sells these kind of policies. Let me just say briefly why, and I ance because they have a preexisting publican colleagues on the other side have said it before, but I want to say it medical condition. The bill that we and what I am sure I am going to be again briefly, why medical saving ac- passed today addresses those problems hearing for the next month or so is this counts are not a positive provision in effort, I guess part of a massive elec- in significant ways. this legislation. First, it provide health insurance tion-year campaign, to try to convince Fortunately, again due to Senator portability for workers and protection the American voters that the Repub- KENNEDY’s insistence primarily and against exclusion from group insurance lican Party, or the Republican leader- other Democrats, the medical savings coverage in a new job because of pre- ship, is responsible for improving ac- accounts provision in this bill that existing condition. A group health plan cess to health insurance through the came to the floor today were whittled cannot exclude you for more than a legislation that we passed today. down, so it is now only a pilot program year from the coverage it gives others The truth is that it has been the that does not impact a lot of people. because of a preexisting condition. If Democrats who have led the charge to And so I am hopeful that whatever neg- you had a year or more of coverage and expand access to health care for all ative aspects exist for MSA’s have been switched jobs and then have less than a Americans. Over the last 40 years, whittled down and will not have a ter- 63-day, 2-month break in service be- Democrats have promoted and suc- ribly negative impact on this bill. But tween the jobs, the new plan cannot ex- ceeded in enacting legislation to im- it is still in the bill, and I do think clude you because of preexisting condi- prove the health care system, most im- that we should be worried about the tions. Of course, that sounds a little portantly through the establishment of impact of MSA’s. legalese, but it is a significant break- Medicare and Medicaid health pro- What MSA’s do basically is to break through for people who have been de- grams in the 1960’s and Democratic the insurance pool. You have wealthy nied health insurance because of pre- have consistently fought for the health people, you have poor people in the in- existing conditions. reform provisions that were in the bill surance pool. You have healthy people, The bill also guarantees renewability that we passed today. The Democratic you have unhealthy people in the in- of insurance regardless of health record lead on these reforms started in this surance pool. The idea of the insurance or the size of the group. It also pro- Congress when Senator KENNEDY first pool is you put all these people to- vided opportunity to go from group to introduced his bill in July of last year. gether and you basically have a bal- individual insurance. If you have ex- The Democratic advocacy of these ance, and you do not charge a great hausted your group insurance possibili- health insurance reforms dates back deal because everybody pays an aver- ties and have been covered under a even further. age premium. What MSA’s do basically group plan for 1 year for 1 year or I have to say, because I have been to is to separate the health insurance risk more, you have the right to buy a type the well, I have been here on the floor pool and actually result in premium in- of individual policy without preexist- many times to point out how the Re- creases for many Americans because ing condition exclusions. publican leadership refused to take any the people that opt out and go for the Finally, there is also a gradual inaction on the legislation until Presi- umbrella or the catastrophic policy, if crease in tax deduction for the self-em- dent Clinton finally put pressure on you will, that exists with the MSA’s ployed to 80 percent by 2006. them by calling for passage of the bill are mainly healthy and wealthy people, There are other things in the bill, but in his State of the Union address last people that can afford to pay out of those are the ones I want to highlight. January, gradually the Republican pocket if necessary, people who do not From the beginning of this debate, leadership started moving on the Ken- think that they are going to have to which is really almost 2 years now in nedy bill, by very slowly, In fact, the have that many occasions when they this Congress, I have said that if we House and the Senate did not even vote visit a doctor or go to a hospital. And can, if we can at least improve the sit- on the bill until the end of March. so what happens is the healthy and uation in terms of portability job to I think that what essentially hap- wealthy people opt for the medical sav- job or making sure that people are able pened here is that the Republican lead- ings accounts and the insurance pool is to get insurance for preexisting condi- ership and Speaker GINGRICH realized left with poorer people and people who tions, if that is all we do in this year more and more as the year went on are largely unhealthy, and premium and with this legislation, we have ac- that their Contract With America pro- rates go up. complished a lot. And all the other visions, that their extreme agenda was The reason that I think that is such things that were added and all the not working, and they started to reach a terrible thing is because the whole H9836 CONGRESSIONAL RECORD — HOUSE August 1, 1996 purpose of health insurance reform is achieve that goal of bringing all Amer- form bill which we finally passed to try to expand opportunities for icans under some kind of health insur- today, is that the Republican policy health insurance coverage for people ance coverage. That is certainly true. has essentially been the opposite of that do not have it. If premium rates This is only a beginning, an important what the Democratic principles are go up, then fewer people can afford beginning, but nonetheless a beginning. about. health insurance. Fewer people are able Only a beginning. Democrats have said that they want to afford health insurance and more What are we proposing then as Demo- to increase the number of people that and more people go without health in- crats? Well, the next step, the next in- have health insurance. What we have surance. cremental step, I believe, and probably been seeing from the Republican lead- Why did they try to incorporate the most important one, is a proposal ership basically is the opposite: Cut these accounts, these MSA’s in the that the Democrats have put forward health care programs, repeal health bill? Because the Republican leadership as part of their family first agenda to care programs and, finally, be dragged was getting a lot of special interest create kids only health insurance poli- sort of fighting and kicking to pass a money from the Golden Rule Insurance cies, ensuring that every American health care reform bill that addresses Co., which was the main company that child has health insurance. one problem, or at least one small was trying to sell these policies. We have obviously dealt in an impor- problem affecting millions of Ameri- The Republican leadership went so tant way now with the portability and cans. far that they even tried to put MSA’s the preexisting condition problems, but I suppose, ending on an optimistic in their medical proposal even though one of the biggest gaping holes in the note, I have to say that maybe they the CBO, the Congressional Budget Of- lack of health insurance, so to speak, is have been dragged kicking to the point fice, a nonpartisan organization, scored the fact that so many children now do where they had to bring up the bill the MSA’s as draining Medicare by not have health insurance. So as part today, but at least the bill was brought over $3 billion. So we had this MSA of our agenda we want to make sure up, and there are millions of Americans problem not only with this bill, but that there are ways in which people who will be positively impacted by this also with Medicare. who can afford to buy health insur- health insurance reform legislation At one point, we had the Republican ance, but maybe have problems because that was passed today on a bipartisan they have difficulty buying it for their leadership in the Senate saying that basis. If it took all the kicking and children or difficulty buying it for they would not even allow the mini- screaming and complaining by Demo- their whole family, at least have the mum wage increase legislation to be crats to get us to that point, that is option that they can buy it for their considered until they had their way fine. We have accomplished something children. If their children are covered, with the health insurance reform bill and it is certainly a victory for all obviously that is important to them that included the MSA’s. Fortunately, Americans. and it gives them some sense of secu- they dropped that. Mr. Speaker, I yield back the balance rity about their ability to provide and Tomorow we are going to be consid- of my time. ering the minimum wage bill. Once take care of their children. again, it is because of Democratic per- At the same time, Democrats remain f sistence in saying, ‘‘No, we’re not committed to protecting Medicare and going to link these two, we’re not Medicaid from Republican raids on RECESS going to include the provisions on the those programs primarily to pay for The SPEAKER pro tempore. Pursu- medical savings accounts the way you tax breaks for the wealthy. Over the ant to clause 12 of rule I, the House want it. We want to pass a clean health last year and a half, Republicans have stands in recess subject to the call of made several attempts at cutting Med- insurance reform bill to address port- the Chair. icare and Medicaid, and I have again ability and preexisting conditions, and Accordingly (at 11 o’clock and 35 talked about those a great deal on the we want to pass a clean minimum wage minutes p.m.), the House stood in re- House floor. bill.’’ cess subject to the call of the Chair. If we make these severe cuts in Medi- b 2330 care and Medicaid that had been pro- f I have to say, once again, that I be- posed by the Republican leadership, the lieve very strongly that the reason net effect would increase the number of b 0049 that this bill came to the floor today is uninsured and underinsured. That is because of the insistence of the Demo- the opposite of what the goals should AFTER RECESS crats that it come before us in its clean be of this Congress. Not only the The recess having expired, the House form and in the way that would actu- Democratic goal, but the bipartisan was called to order by the Speaker pro ally be helpful to the average Amer- goal of this Congress and of this Fed- tempore (Mr. DREIER) at 12 o’clock and ican. eral Government is to get more people 49 minutes a.m. Now, let me stress, and I guess I am health insurance. We are not going to basically going to conclude with this, accomplish that if we cut Medicare and f that while this legislation that is be- Medicaid. Ultimately, it is going to fore us today and that we voted on is mean that fewer people have health in- REPORT ON RESOLUTION PROVID- not the end-all in health insurance re- surance and the quality of service and ING FOR CONSIDERATION OF A form, it is an important first step down the level of service goes down. MOTION TO SUSPEND THE the road to helping Americans main- Mr. Speaker, I just want to conclude, RULES tain their health care security. How- because I know there is not much time Mr. GOSS, from the Committee on ever, I think a lot more work needs to left and I do not want to use all the Rules, submitted a privileged report be done. time, but I just feel very strongly that (Rept. No. 104–744) on the resolution (H. Some of the Democrats who spoke on what we have witnessed in this Con- Res. 508) providing for consideration of the floor today stressed the fact that gress, when we talk about Medicare, a certain motion to suspend the rules, this is only a small step and that we when we talk about Medicaid, or even which was referred to the House Cal- need to do a lot more in order to when we talk about this health care re- endar and ordered to be printed. August 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1437 EXTENSIONS OF REMARKS

A TRIBUTE TO MARJORIE CUTLER PIONEER BRANCH 2, NATIONAL AS- space, it is time for Americans to open this BISHOP SOCIATION OF LETTER CAR- new frontier. More importantly, it is time for RIERS IS HONORED Government to get out of the way. HON. MICHAEL P. FORBES Today, we are introducing H.R. 3936, the OF NEW YORK HON. GERALD D. KLECZKA ``Space Commercialization Promotion Act of OF WISCONSIN 1996.'' This bill will help get the Government IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES out of the private sector's way when it comes Thursday, August 1, 1996 Thursday, August 1, 1996 to developing space commercially. For a long time, commercial space activity was not much Mr. FORBES. Mr. Speaker, I rise today to Mr. KLECZKA. Mr. Speaker, I rise today to pay tribute to Marjorie Cutler Bishop of Old more than a dream. With the exception of commend Pioneer Branch 2 of the National long-distance satellite communications, the Field, Long Island, NY, an internationally ac- Association of Letter Carriers. In the carriers' claimed artist who is celebrating her 100th cost of doing business in space was so high annual food drive this year, Pioneer Branch that few in the private sector could justify the birthday on August 23, 1996. I urge my col- broke its own outstanding past records, and leagues in the U.S. House of Representatives risks. That's changing. The private sector has was third in the Nation in the amount of food built up a huge pool of talent and experience to join me in applauding and honoring this tal- collected. This year's national food drive may ented painter and long-valued member of the in operating space systems for the Federal well have been the largest 1-day collection in Government. Now, they're applying those Three Village community on Suffolk County's the world. north shore. skills and resources to providing goods and Pioneer Branch 2 collected 1,000,361 services to non-government customers. At the Marjorie Cutler Bishop was born in Rhode pounds of food on May 11, which is 500,000 Island, the daughter of a Unitarian clergyman. same time, the private sector has dem- pounds more than last year. Thanks to their onstrated that it can successfully manage the As a child, Marjorie was stricken with polio, efforts, thousands of needy families in the Mil- but her entire life she never allowed this ail- risks of space activity, and that it can raise waukee area alone will not have to go to bed funds needed to invest in long-term space ment to prevent the realization of her dreams. hungry. In fact, Marjorie's artistic abilities first revealed projects. In short, free Americans have fol- The letter carriers' continued excellence in lowed the trail into space blazed by NASA and themselves when she began to draw pictures helping to feed their community deserves rec- on her leg casts. Later, when polio's debilita- the Defense Department. Commercial space ognition and our commendation. In addition to activity is now a reality. In 1995, this area of tion had subsided, Marjorie learned to walk their fine mail service through all kinds of dif- with braces and crutches. the economy generated some $7.5 billion in ficult Milwaukee weather, these dedicated men revenues. Over the last decade, commercial Marjorie married Arnold BishopÐliterally the and women have made a real difference in the space has proven relatively recession-proof boy next doorÐand moved to New York, quality of life of our city. I cannot thank them and experienced unprecedented growth, creat- where she pursued her goal to study art at the enough for their efforts. May their food drive ing jobs, providing tax revenue, and leveraging New School in Manhattan. After she finished be blessed with continued success. space technology for the improvement of ev- art school, Marjorie and Arnold spent several f eryday life. By most accounts, this is just the years traveling and living in France. During beginning. her lifetime, Marjorie studied with Georges H.R. 3936, THE SPACE COMMER- Braque and sailed with Albert Einstein. Her CIALIZATION PROMOTION ACT The cost of technology is falling, and new work has been exhibited in galleries all over OF 1996 Federal investments in reusable launch vehi- America and Europe, earning critical and pub- cles, the international space station, and min- lic praise for her dimensions and for the qual- HON. ROBERT S. WALKER iaturized spacecraft components promise to ity of light that fills her paintings. Marjorie Cut- make it easier and less costly for commercial OF PENNSYLVANIA ler Bishop is acknowledged around the world space enterprises to succeed. In short, our as a leader in the oil-and-sand technique pio- IN THE HOUSE OF REPRESENTATIVES Federal space program is continuing to blaze neered by Braque. Thursday, August 1, 1996 a trail that the spirit of American Marjorie and Arnold eventually settled along Mr. WALKER. Mr. Speaker, almost 200 entrepreneurialism will follow to open the Flax Pond in Old Field, her artistic sensibilities years ago, Thomas Jefferson dispatched a space frontier. We may be on the verge of certainly enticed by majestic vistas along the government survey team led by Meriwether creating a 21st century version of the Con- Long Island Sound. In 1976, Arnold Bishop Lewis and William Clark to explore the territory estoga wagon. Unfortunately, our legal, policy, passed away and Marjorie continues to live in between the Allegheny Mountains and the Pa- and regulatory processes have not kept up their Flax Pond home. Her involvement in the cific coast. As we all learned in school, they with the pace of these changes. Current laws Three Village community has always remained blazed a trail that made it possible for others and policies were designed to accommodate strong and even today she is a mainstay and to follow in their place and discovered enough government activities in space, not to enable trustee of Setauket's Gallery North where, for about this continent to make people want to the entrepreneur to create new capabilities. many years, she was codirector of the pres- see more. Within a few decades of that first Congress and the White House have worked tigious Outdoor Art Show. Government mission, private citizens began to on a bipartisan basis to change that and en- During the month of August, Gallery North follow their path west, some on horseback, able the commercial sector to develop the will exhibit a retrospective of Marjorie Bishop's some by ox-cart, and some by Conestoga space frontier. We've had some success, but work entitled ``Local Color'' and the gallery is wagon. Jefferson used the power of the Fed- there is still some way to go. This bill moves hosting a reception for her on August 24 and eral Government to blaze a path, but it was us forward in the right direction. on her centennial birthday, her friends are these private citizens, using their own re- We drafted it to build on past successes in planning a special celebration for her. sources, who truly opened the western frontier promoting space commercialization, and with For centuries, Long Island has been a mag- and forever changed the nature of the United an eye towards bipartisanship. Still, some net for talented artists who have enriched our States. For those of us who see an American things remain to be worked out between the communities by sharing their wonderful artistic future in space, there is a lesson in our past. parties in Congress, and between Congress gifts with all of us. All of us on Long Island Government can blaze new trails, but it takes and the White House. I am committed to doing have been blessed by Marjorie Cutler Bishop's private citizens, acting on their own, to open that so that we continue moving forward to- world-class artistic talents and I salute her on new frontiers. After some four decades of gether to open the frontier of commercial her 100th birthday. Happy birthday, Marjorie. Government leadership in blazing new trails in space.

∑ 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. E1438 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1996 THE 75TH ANNIVERSARY OF THE My wife, Vicki, and I have the privilege for At this time last year, we all hoped that INCORPORATION OF THE CITY OF a second time of calling Royal Oak home. We peace, which had for so long eluded the peo- ROYAL OAK established our first home together on Roch- ple of Northern Ireland, would become a per- ester Road and lived there from 1957±59. manent reality. Unfortunately, the recent resur- HON. SANDER M. LEVIN After moving across Woodward Avenue to gence of violence makes the efforts of every- OF MICHIGAN Berkley, Royal Oak remained our nearby one connected with Project Children particu- IN THE HOUSE OF REPRESENTATIVES downtown for nearly two decades. We have larly valuable. Their generosity of spirit will re- Thursday, August 1, 1996 been Saturday morning regulars at the Farm- main in the hearts of the children forever. I am ers' Market since 1957. Our kids played youth certain that my colleagues will join me in ap- Mr. LEVIN. Mr. Speaker, I rise today in cele- hockey in Royal Oak, and we spend countless plauding the extraordinary efforts of these bration of the 75th anniversary of the incorpo- hours with the other families at the ice arena local missionaries of peace. ration of the city of Royal Oak, MI. near Normandy and Crooks. Many of the flour- f Royal Oak is a city with a rich past, a dy- ishing businesses started small and we have namic present, and a bright future. The first LAKE SUPERIOR STATE UNIVER- known the owners and watched their growth. surveys of the area were made in 1818 by Ho- SITY 50TH YEAR ANNIVERSARY And so, Mr. Speaker, I join with my fellow ratio Ball, who marked a line oak tree with his CELEBRATION initial. The following year, Lewis Cass, Terri- citizens in celebrating the Diamond Jubilee of torial Governor of Michigan, was sent to obtain the city of Royal Oak and look forward to its HON. BART STUPAK a treaty and purchase a tract of land embody- continued success and well-being. f OF MICHIGAN ing the Saginaw Bay region. En route to a IN THE HOUSE OF REPRESENTATIVES meeting with the Indians under the full moon IN HONOR OF PROJECT CHILDREN: Thursday, August 1, 1996 of September 1819, Governor Cass stopped LOCAL MISSIONARIES OF PEACE for lunch. Resting under the shelter of Horatio Mr. STUPAK. Mr. Speaker, it is an honor for Ball's oak tree, he was reminded of the story me to bring to the attention of the House and of Prince Charles II who took shelter in a great HON. ROBERT MENENDEZ the entire Nation the 50th year anniversary of oak tree after his forces were defeated in the OF NEW JERSEY Lake Superior State University in Sault Ste. Battle of Worcester in 1651. Charles eventu- IN THE HOUSE OF REPRESENTATIVES Marie, MI, on January 1, 1996. ally reached safety, later became king, and Thursday, August 1, 1996 Lake Superior State University has a growing history stretching back to when it was Fort the majestic sheltering oak tree became Mr. MENENDEZ. Mr. Speaker, I rise today known as the Royal Oak. From that story, Brady in 1893. When the fort closed, local to pay tribute to all the individuals who make businessmen wanted to find use for the build- Royal Oak, MI, got its name. Project Children an outstanding organization. The land at that time was swampy, disease- ings and property that would benefit the com- Project Children is a volunteer group which ridden, and considered uninhabitable. But set- munity. About the same time, the Michigan unites young people from Northern Ireland tlers came, chiefly from western New York. College of Mining & TechnologyÐcurrently with host families in the United States. These Royal Oak Township was laid out in 1832; the Michigan Technological UniversityÐwas look- volunteers give of their time to provide the first settlement centered at Chase's Corners, ing for a way to accommodate the great num- children with a peaceful and enjoyable sum- the present intersection of Crooks and Thir- ber of war veterans who had applied to the teen Mile Road. Orson Starr, who arrived in mer they will always remember. college and had been looking for a branch The word hero truly describes everyone in- 1831, was the township's first manufacturer site. and later a nationally known maker of animal volved with Project Children. John and Joan Thus, the Michigan College of Mining & bells. Sherman Stevens, an enterprising young Hughes are coordinators for the Clifton, NJ Technology branch college was established men, arrived in the area in 1835. In 1836, an- chapter of Project Children, and I am gratified for two purposes: to increase the college's fa- ticipating the completion of the Detroit and by their unwavering devotion. The Hughes' cilities for the education of war veterans and Pontiac Railroad, Stevens laid out an unincor- have committed much of their efforts to raising to serve the Upper Peninsula, an area com- porated village in what is now downtown the financing necessary for these children to prising one-sixth of the State, that is a consid- Royal Oak. The first business enterprise, a travel to our country. The past year has erable distance from other institutions of high- sawmill, made oak rails for the railroad. The brought the organization some well deserved er learning. extension and completion of this route fos- recognition. The Clifton chapter received the The Michigan College of Mining & Tech- tered growth in the area and caused the cen- Martin Luther King Humanitarian and Civil nology branch at Sault Ste. Marie provided enter of commercial activity to shift southeast Rights Award from the New Jersey Education gineering students with their first year of engi- from Chase's Corners to the area now known Association. John Hughes was the recipient of neering studies and a second year of studies as Main and Fourth Streets. Churches and a Community Person of the Year Award from in chemical, electrical, mechanical engineer- schools were established. During the Civil the President of Ireland, Mary Robinson. ing, or forestry. In addition in 1946, Michigan War, the town was known to have hotels and Many others assist the Hughes' in their ef- State University set up a general studies pro- daily mail service. forts to make the children's experiences while gram so that liberal arts credits could be re- The village of Royal Oak was incorporated in America satisfying, including: Carolyn ceived in Sault Ste. Marie for the first 2 years by an act of the Michigan Legislature in 1891. Malizia, Mary Ann McAdams, Patti Morreale, of course work, and then would be transfer- The population at that time was less tan 500. Joe Masterson, and Edward Phillips. All have able to other 4-year institutions. Subsequent prosperity saw property annex- dedicated their time and resources to provide In 1966, the college was renamed Lake Su- ations and continued gains in population. In a trouble-free 6 weeks away from the strife perior State College and accorded 4-year sta- November 1921, citizens adopted a charter prevalent in the north of Ireland. I have men- tus by the Michigan State Board of Education providing for a commission form of govern- tioned only a few of those responsible for and authorized to grant baccalaureate de- ment and Royal Oak, a village of just over Project Children, however there are many oth- grees. The first 4-year graduating class was in 6,000 people, became a city. ers who volunteer their time and deserve our 1967. On January 1, 1970, Lake Superior Today, Royal Oak is a reinvigorated city. gratitude. Mr. and Mrs. Liam Benson, propri- State College was granted complete autonomy The population peaked in 1970; while the pop- etors of O'Donoghues Restaurant in Hoboken, and separated from Michigan Technological ulation has diminished somewhat since its NJ have graciously donated their services University. On November 4, 1987, Gov. James peak, the city is achieving new heights. Royal over the past 3 years. Blanchard signed legislation changing Lake Oak has always been a desirable community Project Children is an organization founded Superior State from a college to university. in which to live and work, anchored by excel- by Denis Mulchay and his brother Pat Since opening in 1946 with a class of 272, lent public schools and a community college, Mulchay. This year, Denis Mulchay has once the university has grown steadily, and cur- thriving religious congregations, and many again been nominated as our country's can- rently has an enrollment of approximately service and philanthropic organizations. In re- didate for the Nobel Peace Prize. He has also 3,000 students. The campus is a blend of his- cent years, it has become a model of redevel- been recognized by President Clinton as one toric and modern architecture that serves the opment. Under the leadership of city govern- of the Top Ten Cops in the United States. academic, residential, and recreational needs ment officials and community leaders, the Since its founding in 1975, the organization of the university's faculty, students, and com- downtown has experienced a resurgence and has grown exponentially and has provided munity. is now one of Metropolitan Detroit's prime des- thousands of children countless extraordinary Sheri Davie, Chair of the Superior Legacy tinations for dining, shopping, and night life. experiences in the United States. Committee is sponsoring an all-school reunion August 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1439 weekend this August 2±4, 1996. One of the the credit for making the goal of reforming the other awards for his community contributions. key events slated is the burying of a time cap- Nation's telecommunications laws a reality be- He was named Legislator of the Year by the sule on the campus to be opened 50 years longs to Christy. Without the dedication and Chesapeake Bay Founders for 2 years in a from now. hard work she demonstrated throughout the row, 1994 Legislator Advocate of the Year by Besides a fine academic and cultural center, arduous process, I question whether this legis- Virginia Interfaith for Public Policy, and 1995± Lake Superior State University is a division I, lation would have been enacted into law. 96 Public Citizen of the Year by the National NCAA hockey powerhouse. Even though it is Christy has also had the opportunity to help Association of Social Workers. the smallest division I school, college's hockey enact into law securities litigation reform and Mr. Speaker, I know that my colleagues will champions reside in Sault Ste. Marie. capital markets deregulation legislation. She join me in applauding Mr. Kenneth Plum for Mr. Speaker, Lake Superior State University has worked tirelessly for many years to help his extraordinary efforts to strengthen and im- has a proud history. On behalf of the State of me achieve my legislative priorities, and I prove the education of our citizens. We wish Michigan and the entire Nation, I would like to deeply appreciate her efforts. him great success in his future endeavors. congratulate Lake Superior State University on Christy Strawman is one of those hard- f 50 years of quality education. working men and women who make all of us f in this institution look better than we deserve. CONGRESS AND MEDICARE I know she has done that for me, and I appre- THANK YOU, CHRISTY STRAWMAN, ciate this opportunity to publicly thank her for HON. MARTIN R. HOKE FOR YOUR LOYAL SERVICE the dedication, loyalty and professionalism she OF OHIO has exhibited throughout the years it has been IN THE HOUSE OF REPRESENTATIVES HON. JACK FIELDS my privilege to know and work with her. Thursday, August 1, 1996 OF TEXAS Christy has yet to make a definite decision IN THE HOUSE OF REPRESENTATIVES about what she wants to do in the years Mr. HOKE. Mr. Speaker, there is an old trick to hawking snake oil. First raise the fear. Then Thursday, August 1, 1996 ahead. But I am confident that the skills and the personal qualities she has demonstrated in sell to it. That is exactly what the big-union, Mr. FIELDS of Texas. Mr. Speaker, it was the past will lead to continued success in the Washington-based labor bosses are trying to with mixed emotions that I announced last De- future. do with their latest advertising campaign of cember 11 my decision to retire from the Mr. Speaker, I know you join with me in fear and blatant disinformation. House at the conclusion of my current term. saying ``thank you'' to Christy Strawman for You have possibly seen some of these ads As I explained at the time, the decision to re- her years of loyal service to me, to the men on television. The latest is a real whopper, tire was made more difficult because of the and women of Texas' 8th Congressional Dis- claiming that Congress is out to kill Medicare. loyalty and dedication of my staffÐand be- trict, and to this great institution. Of course, exactly the opposite is true. cause of the genuine friendship I feel for them. f In fact, Congress is trying to save Medicare Each one of them has served the men and from impending bankruptcy by increasing women of Texas' 8th Congressional District in IN HONOR OF MR. KENNETH R. spending at a slower rate than before. This is an extraordinary way. PLUM also what the President has proposed. So in- Today, I want to thank one member of my stead of Medicare spending going up 10 per- staffÐChristy Strawman, my senior tele- HON. THOMAS M. DAVIS cent a year, the President and Congress pro- communications policy advisorÐfor everything OF VIRGINIA pose that it go up about 7.5 percent. she's done for me and my constituents in the IN THE HOUSE OF REPRESENTATIVES So how can the Washington-based labor 5 years that she has worked in my office. bosses get away with this blatantly false ad- Christy came to work in my office in 1991 Thursday, August 1, 1996 vertising? Well, they can not everywhere. Sta- as a legislative assistant. In that position, she Mr. DAVIS. Mr. Speaker, it gives me great tions around the country, including some in handled a wide variety of issuesÐbriefing me pleasure to rise and pay tribute to Mr. Kenneth Cleveland, have refused to run these Medi- on legislation and responding to constituent in- R. Plum who has served the Fairfax County care ads because they are factually incorrect quiries on issues for which she was respon- Public School system for the past 28 years as and misleading. In one on-air story, a TV sta- sible. the director of adult an community education. tion in Maine called this latest ad by the Two years later, when my legislative director August 1, 1996 marks the retirement of this Washington labor bosses, `à callous and fla- left my office, I asked Christy to head up my exceptional member of our local community, grant attempt to play upon the fears of senior legislative staff. As my legislative director, who has dedicated years of services to North- Americans.'' Closer to home, a recent attack Christy managed the other members of my ern Virginia. ad paid for by AFL±CIO members' dues was legislative staff and coordinated my overall As the adult and community education di- so bad that even Cleveland AFL±CIO general legislative agenda. She also worked with the rector from 1967±1996, Mr. Plum increased secretary Dick Acton admitted that it, ``tech- legislative counsel in drafting legislation. In participation in the program from a modest few nically might be in error.'' particular, she advised me on telecommuni- thousand to over 80,000 participants. He That the Washington labor bosses are flat- cations and securities matters, health care, made numerous contributions to adult and out lying about the issues is bad enough. trade, environmental and transportation is- community education including the establish- What makes it even more about the issues is sues. ment of an apprenticeship program, adult ca- bad enough. What makes it even more out- In January 1995, when the Republican take- reer training and certification, enrichment rageous is that they are using the forced dues over of Congress allowed me to assume the classes for adults, special program for dis- of their hard-working members to pay for it. chairmanship of the House Telecommuni- placed homemakers and teen mothers, a wide Washington's labor bosses have pledged to cations and Finance Committee, I asked range of English as a second language class- spend $500,000 this specifically to defeat me. Christy to devote her entire focus to working es for adults, three high school completion That effort is being financed by a 36 percent with me, subcommittee staff, and subcommit- programs, an expansive volunteer tutoring pro- hike in members' political dues. Yet on the tee members to help hammer out comprehen- gram, GED classes in the adult detention cen- vast majority of issues rank-and-rifle members sive telecommunications reform legislationÐ ter, alternative schools for juvenile court youth, do not agree with the positions of their out-of- legislation that had proved elusive in the 103d a comprehensive parenting education center, touch bosses in Washington. Congress. But Christy knew the issues, knew and the Learning in Retirement Institute for The union men and women I speak with the personalities, and knew my priorities for senior adults. His work earned him the 1985 overwhelming support time limits and work re- telecommunications reform legislation. As the Secretary of Education Award for Excellence quirements for welfare recipients and tax relief process dragged on, the hours were long, and in Education, an honor given to the ten best for working families. They want term limits and the negotiations were often frustrating. But 3 education programs in the nation. Then in a balanced budget. The Washington labor years after we first began the effort, Repub- 1986, Mr. Plum earned the Virginia Tech Ex- bosses oppose every one of those positions. licans and Democrats, House Members and cellence in Education Award. Perhaps even more telling is that 44 percent Senators, and congressional leaders and ad- In addition, Mr. Plum has served the Fairfax of union members consider themselves to be ministration officials finally reached an agree- County community as the 36th District Dele- conservative, yet almost 100 percent of their ment that we could all support. In February, gate to the Virginia General Assembly, a posi- involuntary political contributions go to Demo- President Clinton signed the Telecommuni- tion he held from 1978±80, and from 1982 to crats. As a result you can understand why so cations Reform Act of 1996 into law. Much of the present. In this role, he received many many union members are rightly embarrassed E1440 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1996 and angry that their forced dues are being I rise to pay tribute to another true champion been before the Congress for some time. used to finance political campaigns they do of courage, Kirby Wilson. Many of us were here in 1990 for the Tongass not support. This special girl resides in Western Springs, Timber Reform Act, which set aside 1 million It is sad that Washington's labor bosses IL. which is located in my congressional dis- acres of wilderness and unilaterally modified care more about their own power then they do trict. Kirby recently celebrated her 5th birthday the two long-term timber contracts. Some of about the truth or the views of their members. with friends and family, where she received us remember the Alaska Lands Act of 1980, They benefited enormously from the growing many gifts, such as a doll, bubbles, and kites. which set aside about 5 million acres of Federal Government under the old majority. It would appear that Kirby enjoys a normal, Tongass wilderness. But no current member And they are not about to sit idly by as the healthy life, but unfortunately, she possesses was here for the first act of Congress specific power that was once theirs is returned to its a rare genetic disease. The illness, called to the TongassÐthe Tongass Timber Act of rightful owners, the people. Sanfilippo Syndrome, causes children to miss 1947, which authorized the sale of timber from If we allow fear to triumph, we can just an essential enzyme that breaks down a com- the Tongass for the purpose of local employ- wave goodbye to a balanced budget, middle- plex body sugar. Consequently, the sugar ment. At a time when debate over the class tax relief, and welfare reform, and say slowly builds in the brain and stops normal de- Tongass becomes every day more contentious hello to higher taxes and more debt on the velopment. Kirby's health will deteriorate as and confused it may be worthwhile to look backs of our children. the disease produces hyperactivity, sleep dis- back to that act. This history is relevant be- It is up to the American people. Will it be orders, loss of speech, mental retardation, de- cause the problems the 1947 act worked to snake oil and fear, or truth and courage? mentia, and finally, death before she reaches solve are being recreated today by a handful age 15. f of extremists. Unfortunately, there exists no cure for The 1947 act was the culmination of a quar- RECOGNITION OF SAN LUIS Sanfilippo Syndrome. Moreover, it is difficult to ter-century-long effort to develop a stable, OBISPO COUNTY PACIFIC GAS & gather researchers and raise money for year-round industry in southeast Alaska. Be- ELECTRIC Sanfilippo Syndrome because it occurs in just fore Congress authorized the sale of timber, 1 of every 24,000 births. Many lawmakers thereby inducing the pulp companies to invest support funding more well-known diseases in Alaska, there was not much of an economy HON. ANDREA H. SEASTRAND such as breast cancer and AIDS. These law- in southeast. Fishing was poor, tourism was OF CALIFORNIA makers feel that it is imperative to distribute nonexistent and the gold mines had been IN THE HOUSE OF REPRESENTATIVES funds that affect the most people. However, closed during the war. The population was Thursday, August 1, 1996 this should not diminish the severity of Kirby's small and transientÐit was a hard place to heartbreaking situation. Thus, I have written a raise a family. Congress decided, and Presi- Mrs. SEASTRAND. Mr. Speaker, San Luis letter to Dr. Harold Varmus, Director of the dent Truman agreed, that the sale of timber Obispo County a few years ago launched a National Institutes of Health, in support of through long-term contracts would improve the strategic plan to diversify its economic base. funding research specifically for Sanfilippo situation, stabilize the economy of southeast One of the key playes was Pacific Gas Elec- Syndrome. Alaska and serve the interests of Alaska and tric Co. which with local leaders and stake- Meanwhile, Kirby's parents, Brad and Sue the United States. holders forged a long-term community eco- Wilson, have taken the initiative to form The The contracts were in the interest of Alaska nomic development plan. Children's Medical Research Foundation. because they fostered a prosperous and sta- For its role, PG&E was recognized with the Kirby's parents have implemented hard work ble economy. They were in the interest of the Edison Electric Institute's Common Goals Spe- and sacrifice for the organization to engage in United States because Tongass forest prod- cial Distinction Award for customer satisfac- an active fundraising campaign. Brad and Sue ucts helped supply the post-war housing boom tion. Tapan Monroe, PG&E's chief economist Wilson planned the ``Sweetheart Dinner in the United States and were instrumental in and manager of Community Economic Vitality Dance,'' ``Kirby by Candlelight,'' and ``The Fore the reconstruction of Japan. The contracts Initiatives, came to Washington to receive the Kirby Golf Fun Raiser.'' With the help of were necessary for defense purposes as award from EEI President Thomas R. Kuhn in Kirby's friends, school, church, and family, wellÐAlaska had proven vulnerable in World a Capitol Hill ceremony. these events have raised more than $140,000 War II and needed a stable population to se- PG&E and other San Luis Obispo County for the Children's Medical Research Founda- cure the territory. All of these benefits were businesses and interests staged an unprece- tion. This is a testament to the good that can recognized in the House report that accom- dented regional conference that drew more result from people working together for a com- panied the 1947 Tongass Timber Act: than 400 attendees. One result was the estab- mon cause. A large-scale development of the timber lishment of the San Luis Obispo County Eco- Due to the success of its fundraising, the resources in southeastern Alaska, involving nomic Vitality Corporation, a nonprofit unit Foundation has awarded a $40,000 research the establishment of important business en- taked with creating jobs and increasing invest- grant to Dr. Margaret Jones at Michigan State terprises and the employment of many per- ment in the county. University. Currently, the Foundation is plan- sons for extensive operations on a yearning to issue a $100,000 research grant to Dr. round basis, is essential to the maintenance Dennis Hennessy, PG&E division manager, of a prosperous and stable economy in the and his staff were involved in organizing the Chet Whitley at University of Minnesota. Dr. Territory. Heretofore, Alaska has been nonprofit corporation. PG&E continues to pro- Whitley will collaborate with Dr. Elizabeth handicapped by the seasonal nature of the vide staff and consultant resources. PG&E Neufeld, a UCLA researcher that recently won principal industrial activities conducted employee Missie Hobson serves on the board the National Medal of Science for her exem- within the area. A timber program of the and chairs the Community Preparedness plary research on the Sanfilippo Syndrome. sort mentioned by the Secretary of the Inte- rior would be of great benefit in assisting the Committee. The work accomplished through his research will benefit not only Kirby Wilson, but future people of Alaska to progress from the I commend all the partners and their good present dependence upon seasonal business work in the San Luis Obispo County. Con- children that will be diagnosed with the dis- operations. Moreover, such a development gratulations to PG&E on winning the EEI ease. within the Territory would be of great value Common Goals Award. Mr. Speaker, if courage was an Olympic to the Nation as a whole, both from the f sport, Kirby and her parents would earn a gold standpoint of making available to the Na- medal. I only hope that one day, researchers tional economy valuable and sorely needed IN RECOGNITION OF KIRBY WIL- will develop a cure to save Kirby and others products from the great forests in southeast- SON, GOLD MEDALIST IN COUR- afflicted with Sanfilippo Syndrome. ern Alaska and from the standpoint of pro- AGE f moting national defense through increasing the population and industrial capacity of THE ISSUES OF THE TONGASS Alaska as our ‘‘Northern Rampart.’’ House HON. WILLIAM O. LIPINSKI NATIONAL FOREST Committee on Agriculture, Report No. 873, OF ILLINOIS July 10, 1947. IN THE HOUSE OF REPRESENTATIVES HON. DON YOUNG The Tongass timber industry was essential to those ends in 1947 and it remains so today. OF ALASKA Thursday, August 1, 1996 We still need a year-round economy in south- IN THE HOUSE OF REPRESENTATIVES Mr. LIPINSKI. Mr. Speaker, over the last east Alaska. We still need a domestic supply few weeks in Atlanta, we have adorned many Thursday, August 1, 1996 of forest products to meet national and inter- Americans with Olympic medals as a testa- Mr. YOUNG of Alaska. Mr. Speaker, the is- national demand. We still need a stable popu- ment to their dedication and courage. Today, sues of the Tongass National Forest have lation base in Alaska for our national security. August 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1441 What is more, the only viable domestic timber vide care in less populated areas in a more In order to gain experience with supervising supply comes from the Federal Tongass for- cost-effective manner. the underwriting activates of section 20 sub- est. Please keep this history in mind the next Mr. Speaker, let me conclude by saying this: sidiaries, the Board initially limited the revenue time the Tongass issue comes before Con- Every one of our Nation's veterans is a hero. derived from debt and equity securities to 5 gress. Without them, our country might not be able to percent of total revenue of the subsidiary. f enjoy the freedom and prosperity that we, as Then in 1989, the Board raised the limit to 10 Americans, cherish today. Veterans have kept percent. CONGRESS’ COMMITMENT TO their promises to the Government. We must Many observers of the financial services VETERANS honor our commitment to them by providing market have long believed that the 10 percent veterans with the necessary tools for survival. revenue limitation imposed by the Federal Re- HON. J.D. HAYWORTH These include work and health care. H.R. serve in 1989 was a very conservative inter- OF ARIZONA 3568 and H.R. 3118 provide veterans with pretation of the `èngaged principally'' test in IN THE HOUSE OF REPRESENTATIVES more work opportunity and expanded health section 20 of the Glass-Steagall Act. And even if this limitation was justified in 1989, the Thursday, August 1, 1996 care, and these bills personify this Congress' deep commitment to the veterans who val- Board has now benefited from many years of Mr. HAYWORTH. Mr. Speaker, on July 30, iantly fought for our great country. I commend experience supervising the securities activities 1996, the House of Representatives passed my colleagues for supporting this legislation, of section 20 subsidiaries and is confident that two bills that are critically important to our Na- and will continue to work with them to pass these subsidiaries have operated in a safe tion's veterans: H.R. 3586, the Veterans Em- important legislation that benefits veterans. and sound manner. Based on its substantial experience, the ployment Opportunity Act, and H.R. 3118, the f Veterans' Health Care Eligibility Reform Act of Board has now concluded that the current 10 1996. These bills reaffirm Congress' commit- PERSONAL EXPLANATION percent revenue limitation is unduly restrictive ment to veterans who came to the defense of of the underwriting and dealing activities of our Nation in times of need. HON. WILLIAM M. THOMAS section 20 subsidiaries. Therefore, the Board H.R. 3586 responds to growing concerns OF CALIFORNIA is proposing to increase the revenue limit from that the viability of veterans' preference in the IN THE HOUSE OF REPRESENTATIVES 10 percent of total revenues to 25 percent. This decision by the Federal Reserve to use Federal work force is being threatened. When Thursday, August 1, 1996 veterans leave the military to become civil its clear authority under existing law is abso- servants, they should not be forced to start Mr. THOMAS. Mr. Speaker, On Wednesday, lutely essential. In the absence of congres- their careers over again. Rather, their military July 31, 1996, I missed vote No. 384, the sional action, it is the only way to keep our experience should carry over into their Gov- Studds substitute to the International Dolphin banking system competitive. Despite lengthy ernment service. Unfortunately, Mr. Speaker, Conservation Program Act. Had I been debate, this Congress will not be able to pass this is not always the case. That is why it is present I would have voted ``no''. I was de- a broader financial modernization bill repealing important for Congress to pass this legislation, tained as I was taking part in the public an- the relevant sections of the Glass-Steagall and forward it to the President for his signa- nouncement with all of my colleagues who ne- Act, in order to allow full affiliation between ture. gotiated the final agreement on the health banks and securities firms, with appropriate This bill rightly removes impediments veter- care reform bill. prudential safeguards. Given this reality, it is ans face during hiring, and strengthens their f essential that the Federal Reserve exercise its rights during agency downsizing. In addition, authority to interpret existing law in a manner FED MOVES TO KEEP U.S. BANKS that is responsive to developments in the fi- H.R. 3586 establishes, for the first time, a sys- COMPETITIVE tem for redress for veterans who believe their nancial marketplace. It should be emphasized that the House rights have been violated in the workplace. Banking Committee did take appropriate ac- This legislation recognizes that veterans HON. JOHN J. LaFALCE OF NEW YORK tion last year with respect to repealing and should have the same rights and privileges the IN THE HOUSE OF REPRESENTATIVES modifying various sections of the Glass- rest of the work force enjoys. When veterans Steagall Act. Regrettably, the broader financial enter the workplace after serving their country, Thursday, August 1, 1996 modernization legislation ultimately became they will be no longer relegated to the status Mr. LAFALCE. Mr. Speaker, I would like to entangled in disagreements among affected of second-class citizens. Rather, they will be commend the Federal Reserve Board for its parties. It would certainly be preferable for rewarded with jobs that take into account their proposal yesterday facilitating the ability of Congress to be able to pass truly comprehen- previous military experience. bank holding companies to compete with se- sive financial modernization legislation, provid- While veterans need and deserve jobs, they curities firms in underwriting debt and equity ing a level playing field for all participants. also need adequate and expanded health securities for their corporate customers. However, the reality is that such an outcome care. For this reason, the House passed H.R. In 1987, the Federal Reserve Board author- is not possible this year. 3118, which will update and simplify rules gov- ized the securities subsidiaries of bank holding It should be acknowledged that for many erning VA medical care and substantially ex- companiesÐcommonly referred to as section years the financial market has been evolving pand veterans' eligibility to receive treatment 20 subsidiariesÐto underwrite and deal in cor- in a way that clouds the distinction between on an outpatient basis. As the VA moves from porate debt and equity securities to a limited banking and securities activities. This is par- expensive inpatient care to more cost-effective degree. After 9 years of experience super- ticularly true with respect to the activities of fi- primary and outpatient care, it is important that vising the underwriting activities of section 20 nancial institutionsÐboth banks and securities Congress recognizes the potential of serving subsidiaries, the Federal Reserve now be- firmsÐthat conduct a wholesale business di- more veterans at a lower cost in outpatient lieves it appropriate to make some modifica- rected at meeting the financing needs of cor- centers. H.R. 3118 moves toward this goal by tions in the restrictions that currently apply to porate clients. These corporations are looking helping the VA shift its focus to outpatient cen- the underwriting activities of these section 20 for a financial institution able to serve all their ters so that more veterans will be able to ac- securities subsidiaries. This is an appropriate financing needsÐborrowing, issuing securities, cess these facilities. and timely action by the Federal Reserve. arranging private placements, risk manage- Another key element of H.R. 3118 is ex- In 1987, when it first authorized section 20 ment, and so forth. Wholesale financial institu- panded veterans' access to VA health care by subsidiaries, the Board established as revenue tions need to be able to provide those financ- eliminating statutory rules which for years test to ensure compliance with section 20 of ing services as efficiently as possible, without have prohibited the VA from providing many the Glass-Steagall Act, which prohibits a bank segmenting their business in ways that have veterans with routine outpatient treatment and from affiliating with a firm `èngaged prin- little to do with safety and soundness. preventive care. If this legislation becomes cipally'' in securities underwriting and dealing. Having been successful in winning substan- law, access will be expanded for veterans with This revenue test limited the amount of reve- tial underwriting business from corporate cus- service-incurred disabilities or low incomes by nue that section 20 subsidiaries could derive tomers, some of the section 20 subsidiaries allowing them to receive their care at out- from underwriting and dealing in the types of affiliated with the largest money center patient facilities, which has been prohibited by securities that banks themselves were not al- banksÐincluding those of J.P. Morgan & Co., outdated rules. By shifting our focus to out- lowed by the 1933 Glass-Steagall Act to un- Bankers Trust New York Corp., and Chase patient facilities, our Nation's veterans will be derwriteÐspecifically, corporate debt and eq- Manhattan Corp.Ðare very close to their reve- better served because these centers can pro- uity securities. nue limit. Without an increase in the revenue E1442 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1996 limit, some section 20 subsidiaries would as Community Economics in 1977. The growth Boukreev has lived in the United States therefore be restricted in their ability to com- of Community Economics, paralleling the since the ordeal. He is a professional moun- pete with securities firms for the underwriting growth of nonprofit organizations, became the taineer, and has an impressive list of climbing business of corporations, thereby decreasing key vehicle for providing affordable housing accomplishments and related achievements. competition in the underwriting market. and other greatly needed services in our com- He is considering establishing part-time resi- On the other hand, if the Federal Reserve's munities. dency in the United States and would like to proposal is implemented and the revenue limit Community Economics has supported and become involved with American climbing in increased, the effect will be to enhance worked with numerous such nonprofits, provid- groups. competition in the corporate underwriting mar- ing technical assistance and helping to secure I urge my fellow members to join me in ket, bringing the potential to benefit corporate funding, and investor dollars for the develop- commemorating the bravery of Anatoli issuers with lower underwriting costs. Such ment of safe, decent, attractive, and affordable Boukreev and congratulating him on his heroic lower underwriting costs are ultimately passed housing. With the introduction of the Federal act. through to consumers and shareholders, and Law Income Tax Credit in 1986, Community f also stimulate job creation. Economics helped lead the way, assisting As part of this proposal to increase the rev- nonprofit organizations to best utilize the pro- HONORING PVT. MICHAEL A. enue limit for section 20 subsidiaries, the gram and enabling corporate investors to form CHILDRESS Board is also proposing for the second time partnerships directly with nonprofits, maximiz- revisions to three of the prudential limitations, ing the investment dollars to benefit commu- HON. ALBERT RUSSELL WYNN firewalls, established in its original section 20 nities. Over the past 25 years, Community Ec- OF MARYLAND decisions. Specifically, the Board is proposing onomics has worked with nonprofit organiza- IN THE HOUSE OF REPRESENTATIVES to ease or eliminate the following three restrictions to develop over 13,000 units of housing Thursday, August 1, 1996 tions on section 20 subsidiaries: First, the pro- for low-income families, seniors, and people hibition on director, officer and employee inter- with special needs. Mr. WYNN. Mr. Speaker, August 2, 1996 locks between a section 20 subsidiary and its After joining the organization in 1976, Joel marks a special day for my constituent, Pri- affiliate banks, the interlocks restriction; sec- Rubenzahl led the organization's move into vate Michael A. Childress, Jr. of Capitol ond, the restriction on a bank acting as agent the area of housing and its work with cor- Heights, MD, as he inaugurates his life de- for, or engaging in marketing activities on be- porate investors. This is his twentieth year fending his country. half of, an affiliated section 20 subsidiary, the with Community Economics. In her 17 years Private Childress has made the most honor- cross-marketing restriction; and third, the re- with Community Economics, Janet Falk has able decision an American can make to de- striction on the purchase and sale of financial made important contributions in the areas of fend his country. Private Childress graduated assets between a section 20 subsidiary and its advocacy and public policy development, in from Coolidge High School in 1993 and began affiliated bank, the financial assets restriction. addition to her work with nonprofit organiza- a promising future as a student at St. Augus- These firewall issues are relatively technical tions. I join the many organizations and indi- tine College in Raleigh, NC; however he rein nature. In general, however, the Board is viduals in our activist community to honor ceived the call to defend his country and as a confident that these firewall modifications can Community Economics on the occasion of its result made the decision to pursue a military be made without in any way threatening the 25th Anniversary. We also honor Janet Falk career. safety and soundness of the bank affiliate of and Joel Rubenzahl, along with the many non- Private Childress is an outstanding soldier section 20 subsidiaries, causing confusion to profit organizations and the individuals that and has shown exemplary service. He began customers, or having a harmful affect on the staff them, for their hard work and dedication his career in basic training as platoon leader operations of the section 20 subsidiary itself. to the daunting task of providing decent, safe, and continued in a leadership position Again, I commend the Federal Reserve and affordable housing for all our people. throughout Advance Individual Training as a Board for its proposal and encourage my col- f class leader. Private Childress will graduate leagues to support the Board in carrying out from Advanced Individual Training with the its authority to interpret banking laws in a HONORING ANATOLI BOUKREEV Leadership Award. manner which encourages a competitive mar- Mr. Speaker, I hope my colleagues here in ketplace able to respond to the needs of all HON. BILL RICHARDSON the U.S. House of Representatives will join me consumers. OF NEW MEXICO in extending congratulations and very best f IN THE HOUSE OF REPRESENTATIVES wishes to Private Childress on this momen- tous occasion. Thursday, August 1, 1996 25 YEARS OF EXCELLENCE f Mr. RICHARDSON. Mr. Speaker, it is my HON. RONALD V. DELLUMS privilege to honor an outstanding resident of A TRIBUTE TO LITTLE FLOWER CHILDREN’S SERVICES OF CALIFORNIA my State. Anatoli Boukreev, a Russian moun- IN THE HOUSE OF REPRESENTATIVES taineer currently residing in Santa Fe, NM, displayed outstanding courage and uncommon Thursday, August 1, 1996 HON. MICHAEL P. FORBES valor by personally saving the lives of three OF NEW YORK Mr. DELLUMS. Mr. Speaker, I rise to honor Americans during a snow storm on Mount Ev- IN THE HOUSE OF REPRESENTATIVES the 25th Anniversary of Community Econom- erest in mid-May. ics, Inc., a nonprofit organization in Oakland, On May 10, 1996, a snow and ice storm Thursday, August 1, 1996 CA instrumental in helping communities in surprised a large group of climbers in a peril- Mr. FORBES. Mr. Speaker, I rise today to Northern California's Bay Area and throughout ous position on the mountain. As the group pay tribute to Little Flower Children's Services the United States pursue the important goal of broke down into smaller teams in an effort to of Wading River, Long Island, and to the mi- providing decent, safe, affordable housing to reach a base camp, Boukreev set out ahead raculous work this organization does in caring residents and communities. I also wish to ac- to prepare warm drinks and obtain extra oxy- for more than 3,000 infants and children who knowledge and honor co-directors Janet Falk gen. As the storm worsened, it became evi- have lost their most precious possessionÐ and Joel Rubenzahl who have provided a dent to Boukreev that he needed to return up their families. combined 37 years of service as dedicated the mountain to help the others. Disregarding Celebrating its 67th year of existence, Little staff members to Community Economics. the grave danger he was placing himself in, Flower has grown to become one of Long Is- These remarkable individuals have spent a he climbed up the mountain two additional land's most respected institutions because of total of 50 years committed to the develop- times to save other climbers. By the time he their tireless efforts for these orphaned young- ment of housing for low-income people. was through, he had been climbing for 24 sters of all races, ages and religions. These Community Economics, in 1971, began as straight hours. lost and desperate children come to Little the Community Ownership Organizing Project, Boukreev performed a heroic act of which Flower from throughout New York City, Nas- to study opportunities for community-based Americans as well as fellow citizens of Russia sau and Suffolk Counties. economic development. Recognizing the criti- can be proud. He thought first of others, only The agency was founded in 1931 by the cal need for affordable housing, the organiza- succumbing to his own needs when physical pastor of St. Peter Claver Church in Brooklyn, tion later focused its resources to develop pro- exhaustion betrayed him. I am honored to with the support of hundreds of loyal parish- grams for such living units and incorporated have him as a constituent. ioners who raised funds to purchase a farm in August 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1443 Wading River, along the rural North Shore of fighters approach that work with a selfless businesses in the community. Together, Suffolk County. The site was used to build a dedication and the highest degree of profes- George Mason and the high technology busi- residence and school for the homeless, inner- sionalism. nesses of the region have constructed a world city children of New York. Typical of these volunteers, or, I should say, class educational and professional partner- Little Flower Children's Service continues to more than typical is John Decker. He joined ship. reach out and offer hope to thousands of chil- the Hose Company #1 in Catskill, NY 50 years Evidence of Dr. Johnson's appreciation for dren. The 700-member staff administers high- ago. There is no way to calculate the lives and diversity is the completion of a spectacular quality human service programs, including a property he has helped save in those 50 concert hall and fine arts center a stone's Residential Treatment Center, family foster years, the number of hours he has spent in throw from George Mason's 10,000 seat Pa- care, day care, community group homes, that effort, or the number of younger firemen triot Center where Washingtonians visit to at- adoption services, care facilities and foster he has inspired. tend concerts, sporting events, and shows. homes for children and adults with physical or He has served on numerous committees, as Co-located on the campus is the athletic field mental disabilities. The agency has also pio- far back as 1947, John Decker was a delegate house which plays host to one of the world's neered an innovative foster care and adoption to the Greene County Volunteer Firemen's As- annual premiere track and field eventsÐthe program to serve more than 2,000 infants who sociation. From 1949±1956, he served on the Mobil 1 track meet. Over the past several have been abandoned to languish in city hos- board of directors, in 1959 as financial sec- years, the world's best track and field athletes pitals, babies who require protective care in an retary, and in 1977±1984 and 1991±1992 as have come to Mason and set world records. hour's notice and infants stricken with the the corresponding secretary. His contributions Mr. Speaker, in addition to the accomplish- deadly AIDS virus. go far beyond his firefighting, he played a ments of Dr. Johnson, his wife Joanne's re- Little Flower's guiding philosophical principle more active role in his community. markable contribution to the arts and the is simple: Children grow up best in families. Mr. Speaker, I've always been one to judge Northern Virginia community should not be Families make it happen and Little Flower is people on what they return to their community. overlooked. Joanne Johnson has been active dedicated to finding loving, nurturing families By that measure, John Decker is truly a great in organizations such as the Hospice of North- for children who have lost theirs. The young- American. ern Virginia, Woodlawn Plantation Council, sters sent to Little Flower have been sepa- Please join me, Mr. Speaker and all Mem- Partners for Livable Communities, and the rated from their parents by illness, poverty, bers, in saluting a firefighter's firefighter, John Learning in Retirement Institute. death or some other tragedy of life. How they Decker for his 50 years of service, and in Together, Mr. Speaker, George and Joanne got to Little Flower is aways much less impor- wishing him many more years of health. Johnson have left a legacy of dedication and tant than locating a supportive, caring family f commitment to education in our community for for them in which to grow and learn. Little which Virginians will be forever grateful. Flower's main objective is to reunite each child TRIBUTE TO GEORGE JOHNSON f with their own family, but if that's not possible then they endeavor to find a new family long- HON. FRANK R. WOLF SAVING FOR COLLEGE ing to adopt a child. OF VIRGINIA In an imperfect world, where infants and IN THE HOUSE OF REPRESENTATIVES HON. CONSTANCE A. MORELLA children are sometimes left without families, Thursday, August 1, 1996 OF MARYLAND there is a desperate need for Little Flower's IN THE HOUSE OF REPRESENTATIVES Mr. WOLF. Mr. Speaker, today I would like services. In this great Nation of ours, no child Thursday, August 1, 1996 should ever have to grow up without their par- to bring the accomplishments of Dr. George ents' love and support. But when a child is left W. Johnson, former president of George Mrs. MORELLA. Mr. Speaker, in an effort to alone in this world, we should all be grateful Mason University, to the attention of the help families save for college, I am introducing that the parishioners of St. Peter Claver House. After 18 years as GMU's fifth presi- a resolution to encourage States to adopt pro- Church had the foresight to establish Little dent, Dr. Johnson retired 1 month ago today. grams that will allow parents to pay for their Flower Children's Services. We are all richer During Dr. Johnson's tenure as president, the child's college education years in advance and in our souls for their benevolence. university saw unprecedented growth and at a fixed rate. f earned the respect of the Northern Virginia Throughout history, American families have community in addition to national business believed that a good education provided the A TRIBUTE TO JOHN DECKER and educational leaders. path to a better life. Indeed, the earnings ad- Named after the Father of the Bill of Rights vantage of completing college increased be- HON. GERALD B.H. SOLOMON and one of Virginia's delegates to our Nation's tween 1970 and 1993 for both males and fe- OF NEW YORK Constitutional Convention, George Mason Uni- males. According to the Department of Com- IN THE HOUSE OF REPRESENTATIVES versity was founded in 1972 as the Common- merce, a person with a bachelor's degree will wealth of Virginia's public 4-year university in average 55 percent more in lifetime earnings Thursday, August 1, 1996 Northern Virginia. than a person with a high school diploma. Mr. SOLOMON. Mr. Speaker, if you or other At the risk of excluding important events at However, college costs have risen rapidly in Members have ever been in my office, no GMU during the past 18 years, I would like to both public and private institutions. Over the doubt you've seen the fire helmets lining the point out a few highlights in which Dr. Johnson past 15 years, the average tuition at private walls. I must have hundreds of them. They are should take great pride. They include the addi- colleges has increased 90 percent, and at symbols of enormous respect and admiration tion of campuses in Arlington and Prince Wil- public institutions tuition has risen 100 per- I have for firefighters. liam counties and the opening of the George cent. Moreover, the median family income dur- It's not just that I used to be a volunteer fire- Mason University School of Law which was ing the same period rose only 5 percent. fighter myself in my hometown of Queensburg. named as the ``Top Up and Coming'' law For most Americans, student loans are the It's more than that. I could sum up my feelings school in the Nation by U.S. News & World primary source of education funding. From the about firefighter in two words: John Decker. Report. Dr. James Buchanan, professor of ec- G.I. bill to Pell grants and the Stafford Loan John Decker is celebrating his 50th year as onomics, was awarded the Nobel Prize in Program, financial aid has enabled millions of a volunteer firefighter. By that yardstick, John 1986 for his work in public choice economics. working class families to send their children to Decker is a giant. In addition, enrollment at GMU has more than college. While one option in addressing the Let me tell you a few things about volunteer doubled to over 24,000 in the past two dec- rising cost of college would be to increase stu- firefighters in general. These are ordinary citi- ades. dent financial aid, a sensible alternative ap- zens from all walks of life who represent the Datamation, a management magazine for proach would be to encourage families to save only available fire protection in rural commu- computing professionals, recently cited for college. nities like the one I represent. In New York George Mason's partnerships with Northern Several States have adopted ``tuition pre- State alone they save countless lives and bil- Virginia business among the Nation's best with payment programs'' that offer families a sys- lions of dollar's worth of property. They surren- Carnegie Mellon, Stanford University, Massa- tematic approach to saving for college. These der much of their time, not only to respond to chusetts Institute of Technology, and the Uni- prepaid tuition programs provide families with fires but to upgrade their skills with constant versity of Pennsylvania's Wharton School of a plan under which they can set aside a fixed training. Fighting fires is dirty, exhausting, and Business. Rarely before has an educational in- amount each month, based on the number of frequently dangerous work. Volunteer fire- stitution forged a stronger relationship with years remaining before the beneficiary enrolls E1444 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1996 in college. Under most of these plans, partici- I am proud to acknowledge the remarkable cent maintenance of effort by states. In other pation guarantees that tuition will be ``locked- accomplishments of the Ukrainian-American words, States must spend at least 85 percent in'' at today's prices, helping families fight in- community in my home state of New Jersey of what they spent in 1994 on welfare pro- flation. which kept faith with the people of Ukraine grams and yet the conference report allows The State of Florida has an excellent pro- during the long dark years of Soviet rule when States to spend only 75 percent on their 1994 gram that has been operating for eight years hopes of winning freedom seemed to be re- welfare budgets. The Congressional Budget with great success. Florida has sold more than mote and dim. Office has stated that under this bill states will 327,000 contracts to residents planning ahead I especially wish to acknowledge the out- have to provide additional services without ad- for their children's college education. I am standing work of the Children of Choronbyl ditional money. Welfare recipients may find pleased that my own State of Maryland is Relief Fund (CCRF), based in Short Hills, NJ, new job training opportunities, but at what planning to adopt a prepaid tuition program to which over the past 6 years has become the cost? Less food? Less child care? These are help residents who are concerned about pre- leading provider of medical aid to Ukraine. On the choices with which Congress has bur- paring for their children's future. a modest budget of under $3 million, CCRF dened our local governments by passing this There are several reasons for encouraging gas leveraged more that $40 million worth of bill. more States to adopt plans that promote col- humanitarian aid to the hospitals which spe- I could not, in good conscience, support a lege savings: cialize in the treatment of radiation victims. I phony reform bill that so clearly fails to provide Additional savings might enable some stu- am pleased to support a new Women's & Chil- the resources needed to move individuals dents to consider more expensive public as dren's Health Initiative which CCRF has from welfare to work. It hurts the innocentÐ well as private schools. Consequently, families launched in three provinces in Ukraine with a the childrenÐand my Faith, not a party nor a will have more choice as to which schools grant from the Monsanto Company to combat President nor political winds, gives me the their children might attend. Additional savings the high rate of infant mortality in rural re- foundation on which I cast my vote. may enable a student to live on campus rather gions. Monsanto has helped many Ukrainian f than at home, and to attend school full-time farmers to quadruple their crop yields with rather than part-time. modern agricultural techniques. Its unique THE FORGOTTEN TIMORESE Savings for college encourages parents to partnership with CCRF offers a model for simi- begin thinking about their children's education lar initiatives in other developing countries. HON. JOHN EDWARD PORTER and planning for their future. Planning ahead We should all do everything in our power to OF ILLINOIS might encourage parents to set higher edu- promote the cause of freedom in Ukraine, to IN THE HOUSE OF REPRESENTATIVES cational standards and goals for their children. build a health future for Ukraine's children and Thursday, August 1, 1996 Providing plans to encourage college sav- to strengthen the growing friendship between ings reduces the need for student loans, which Ukraine and the United States. Mr. PORTER. Mr. Speaker, I recently read could reduce student debt and the student de- f an article in the Washington Post that dis- fault rate. cusses the increasing repression of the people Mr. Speaker, I have long supported meas- CONFERENCE REPORT TO H.R. 3734, of East Timor by a brutal Indonesian Govern- ures to help students pay for college. At BUDGET RECONCILIATION—WEL- ment and accuses the world, including the present, approximately 500,000 families na- FARE REFORM United States, of just not caring. tionwide participate in tuition prepayment pro- Mr. Speaker, the situation in Indonesia is grams that make college more affordable for HON. ANNA G. ESHOO nothing newÐsince 1975 when Indonesia in- middle-class families. I believe that all of our OF CALIFORNIA vaded East Timor and annexed it the following year, the peaceful citizens of East Timor have States should provide prepaid tuition or other IN THE HOUSE OF REPRESENTATIVES savings plans to give American families every- lived under daily brutal assault. Just 4 years Thursday, August 1, 1996 where the opportunity to save for their chil- ago, Indonesian troops killed more than 250 dren's college education in advance. Helping Ms. ESHOO. Mr. Speaker, yesterday the peaceful mourners in a cemetery in Dili, the our nation's families send their children to House passed a welfare reform proposal that Timorese capital. In response to this reprehen- school is crucial to the economic strength and I believe will not achieve its stated purpose of sible act, the Congress cut off all military train- the cultural growth of our country. breaking the cycle of poverty and return peo- ing aid for Indonesia. f ple to the workforce. I voted against the bill Last year, Congress agreed, despite the because it sacrifices the legitimate needs of strong objection of many Members, including THE NEWLY INDEPENDENT legal immigrants, those trying to reenter the myself, to renew military training aid for Indo- NATION OF UKRAINE workforce, and children who through no fault nesia upon the condition that the human rights of their own are in the need of assistance. situation would improve over the course of the HON. ROBERT G. TORRICELLI I support reforming the welfare system and year. Mr. Speaker, I am sad to report that in- OF NEW JERSEY I have voted for reforms such as those instead of improvement, we saw deterioration in IN THE HOUSE OF REPRESENTATIVES cluded in the bipartisan proposal by Congress- the human rights situation throughout 1995. men TANNER and CASTLE. That proposal would The 1995 State Department Country Report Thursday, August 1, 1996 have achieved real reform while keeping chil- on Human Rights Practices section devoted to Mr. TORRICELLI. Mr. Speaker, I rise to rec- dren fed and out of poverty, and providing the Indonesia spells out very clearly Indonesia's ognize the newly independent nation of necessary funding for people to move from lack of progress on the human rights front. Ukraine which observes the 5th Anniversary of welfare into the work force. And what do we do in light of deteriorating its independence on August 24. Over the past In short, the Tanner-Castle legislation rep- human rights conditions in East Timor? We 5 years, the people of Ukraine have made resented responsible reform. The conference vote, unbelievably, to give more military train- dramatic progress in their struggle to build a report did not. ing aid to Indonesia for fiscal year 1997. Mr. free and democratic society. The Commission This is billed as ``welfare reform.'' It is a Speaker, this sends the wrong message to the on Security and Cooperation in Europe and scale back of benefits. It hurts children who Indonesian Government. First, by saying one other monitoring groups report that Ukraine have no control over their economic cir- thing and doing the opposite, we give the im- has the finest human rights record of all cumstances. pression that we do not mean what we say. former Soviet republics. This summer, the It fails on the issue of legal immigrants who This type of behavior gives us little credibility Ukrainian Parliament passed a new Constitu- have played by the rules we established for in the future to try to pressure the Indonesian tion which enshrines the principles of liberty, living in the United States. In abdicating this Government to reform its oppressive ways. equal rights and free enterprise. Working with responsibility, the Federal Government places Second, by giving more military aid to a gov- American corporations and private voluntary a heavy financial burden on local govern- ernment whose human rights policies we find groups, President Leonid Kuchma has mount- ments. In California alone, additional costs of unconscionable, we give the Indonesian Gov- ed an inspiring campaign to overcome the as much as $10 billion could burden counties ernment the go ahead to keep committing tragic legacy of the Chornobly nuclear disas- over the next 6 years. human rights abuses. Mr. Speaker, we must ter, to privatize local enterprises and to revital- Finally, the level of financial commitment not continue to send mixed messages. We ize the eternal life of ethnic and religious mi- that States must meet is inadequate to ad- must send the strong, clear message that we norities which had long been suppressed dress the job which is being promised. The will not tolerate such atrocious behavior. We under the Soviet system. Tanner-Castle proposal guaranteed an 85 per- must let the people of East Timor know that August 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1445 we care about them, and that they are not forment free of the kind of power-hungry cor- ANSWERING AMERICA’S CALL gotten. ruption that hindered France on it’s path to (By Christina Cabrera) Mr. Speaker, as the world leader, the United freedom. Ring. Ring. Hello. Hello, this is States has the wonderful opportunity, and I The success of these early American cham- America calling. Oh, hello. pions in hearing and answering the call of argue obligation, to help improve conditions I am calling to tell you that America America set a precedent, and defined our na- as we know it is slowly deteriorating. worldwide. We must not waste our chance to tional character. It is the men and women in help the peaceful people of East Timor live possession of this virtuous national char- The percentage of teenage pregnancy, free from daily fear and oppression. acter, that have carried us through every alcohol abuse, and violence is every in- f hardship. It is the ability of this American creasing. As for adults, the percentage champion to answer the call with brave of registered voters that actually vote ‘‘ANSWERING AMERICA’S CALL’’ deeds and wise words that has brought the is declining, unemployment is a wide- nation intact through every war, every de- spread concern, and everyone seems to HON. BILL ORTON pression, and every catastrophe. be pointing a finger of accusation at But the great calls of America are by no everyone else in a childish blame game. OF UTAH means the only ones. The heroic deeds re- I know all of this, but why are you IN THE HOUSE OF REPRESENTATIVES corded in history books are in and of them- calling me? I am calling you because, Thursday, August 1, 1996 selves not sufficient to maintain America. The true American champion need not fight as a member of today’s youth, you are Mr. ORTON. Mr. Speaker, each year the in a revolution or rescue his nation from an a part of tomorrow’s leaders. You are Veterans of Foreign Wars of the United States economic disaster. For the spirit of the the only chance America has. and its Ladies Auxiliary conduct the Voice of American champion is powerful when applied This phone conversation, though Democracy broadcast script-writing contest. It to every aspect of life. The characteristics of somewhat silly, is more serious than it George Washington can be observed every is a truly worthwhile program that not only appears. Unfortunately, many adoles- day in the people who beat back the criminal cents and young adults are not answer- gives our youth academic support through element that grows in our cities like a can- scholarship awards, but also gives them the ing the call for action to make this cer, in the people who work to build and feed country an even better place than it is. opportunity to become more acquainted with not only America but also the less fortunate Though Americans are already free, local veterans. The contest theme this year countries of the world, and in the people who the need to be productive and success- was `Ànswering America's Call.'' teach the children so that the next genera- ful is important as well. Americans Today, I am proud to recognize a bright, tion of Americans may be as wise, brave, and owe it to themselves as a nation, and young member of my district, Michael Fox, for honorable as the first. These people who answer the subtle calls of America are the glue to the memory of those who gave their his patriotic writing ability. Michael and 53 oth- that holds the nation together. lives for freedom and made the United ers were chosen from a group of more than If our nation is to continue to grow and States the country it is today. 100,000 participants to receive scholarships progress, each of us must be committed to There are several ways one can an- that will provide crucial assistance in meeting the ideals of the American champion. Each swer the call. One way is to volunteer. the costs of higher education. I am pleased to of us must be ready for America’s next great Community service is always appre- pay tribute to Michael Fox by presenting his call. But in the absence of a great call, each of us must be sensitive to the little calls. ciated by those who are being helped. award-winning script to the U.S. Congress. Working at a soup kitchen, visiting the The following is a copy of Michael Fox's And when the call comes, we’ll fight. We’ll never run away. Because ever since America sick or shut-in, or babysitting for free winning script: began, the land of the free has also been the the kids down the road whose mother ANSWERING AMERICA’S CALL home of the brave. is struggling to make ends meet are all (By Michael Fox) simple ways to make one’s community For every generation of this great nation, f better. Another way to answer Ameri- since before it was christened America, there CHRISTINA CABRERA, VOICE OF ca’s call is to devote oneself to a politi- has been at least one great call. A resound- DEMOCRACY CONTEST WINNER cal or humanitarian cause. Help make ing call for decisive, cooperative, forceful ac- public service announcements concern- tion. Each great call centers around a crisis ing violence or drug and alcohol abuse. which if left unresolved would compromise HON. MICHAEL N. CASTLE Join the staff of a Planned Parenthood or even destroy the wonderful land that is OF DELAWARE the United States of America. A great call is Clinic or a Suicide Hotline. An increas- heard by every citizen in every corner of the IN THE HOUSE OF REPRESENTATIVES ing number of persons using these fa- land, and each is answered by the champions Thursday, August 1, 1996 cilities need someone to talk to. Many of America. It is thanks to these brave heros, options are available, and the experi- the champions of America that this nation Mr. CASTLE. Mr. Speaker, I am pleased to ence is worth the effort. A final way to exists today as the greatest on earth. call the attention of the House to the work of answer the call is to make a big step The standard for the great American hero Christina Cabrera of Seaford, DE. Christina is and join the military. This provides an was set in the early days by the father of our Delaware's State winner of the Veterans of opportunity for one to defend one’s country, George Washington and the army Foreign War's Voice of Democracy that followed him in rebellion against the country, an important job in today’s scriptwriting contest and has also been named nuclear-weapon-stocked world. It does oppressive tyranny of England. This army a national winner and recipient of a $1,000 was raised out of a haphazard group of farm- not matter what one does, as long as ers who made up for what they lacked in scholarship award from the VFW. I congratu- one takes the initiative to help out in- classical military know-how with courage, late Christina, her family, and VFW Post 4961 stead of waiting for others to do so. smarts, rugged individualism and honor. The in Seaford, DE for sponsoring this excellent The most important part of answer- sheer, rabid will to fight, and the selfless program. ing America’s call is to cease playing willingness to give up their lives so that As my colleagues know, the VFW has spon- the blame game. By making oneself a their families could be free won the day for sored the Voice of Democracy Competition for victim and shifting the blame on every- that heroic legion. 49 years to promote patriotic and civic respon- one else, one only adds to the problems After that conflict, in which America won sibility among our young people and to help the right to rule itself, another kind of hero plaguing our country. Instead of com- emerged. This hero had the same moral them attend college through the scholarship plaining that society treats women un- qualities as the men of Washington’s army. awards. The competition requires students to fairly, join a group that advocates Many in fact were veterans. But they re- write and record a 3 to 5 minute essay on a change. Instead of complaining that ra- sponded to a different call. Theirs was the patriotic theme. This year, over 116,000 stu- cial minorities are unequally treated, burden of leadership, of establishing order, dents participated in the contest on the theme: write to Congress and let them know. and striking a balance between government `Ànswering America's Call.'' I am very proud If change is to be brought about, it will rule and personal freedom. The qualities of to share with the House, Christina's excellent only occur if everyone helps to make it the American hero gave these men the abil- essay on the need for young people to answer happen. ity to build a nation such as none before it. They had the insight to realize that people, the call and become actively involved in mak- By answering the call, not only will if given the chance, could rule themselves ing our country a better place to live. Americans be helping the United better than any king. They had the courage Again, congratulations to Christina, the States become a stronger nation, but to try out new ideas on a national scale. And Cabrera family, and the members of VFW will also be setting an example for oth- they had the honor to keep the new govern- Post 4961 for their fine work. ers to start contributing their talents E1446 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1996 to make America a better place. When out-of-wedlock teen births in the United States What we do not know is the extent of the everyone begins doing their part, a is a moral crisis that threatens to undermine disease. We have failed to employ the public magnificent nation will emerge. our Nation. health procedures which have been successful f Each year, 1 million American teenagers be- in curtailing other epidemics in our efforts come pregnant and approximately 175,000 against HIV. These include confidential HIV TRIBUTE TO BERNADETTE F. teens give birth to their first child. The number reporting and partner notification. BAYNE, ESQ. of teen mothers in the United States has risen We have made an effort to report cases of by 21 percent in the last decade. As a result, AIDS on a State and National level but not HON. EDOLPHUS TOWNS the United States now has the highest teen cases of HIV. We do not make it a priority to OF NEW YORK pregnancy rate in the Western World. notify those who may have been exposed that IN THE HOUSE OF REPRESENTATIVES The odds are stacked against the children their lives may be endangered. Thursday, August 1, 1996 of teen mothers from the minute they are Put simply, the Federal Government and the born. These children are more likely to be public health community have been AWOL in Mr. TOWNS. Mr. Speaker, as a jurist and born prematurely and have lower birth weights the battle against HIV. Sound medical prac- practicing attorney in Brooklyn for over 25 than other children. As they grow older, the tices have been abandoned and replaced with years, Bernadette F. Bayne has epitomized children of teen mothers are more likely to political correctness. HIV has been treated as hardwork and dedication. A graduate of Pace drop out of high school, wind up in jail, or end a civil rights' issue instead of the public health University and New York University School of up on welfare. crisis that it is. Law, Ms. Bayne served as a criminal court Teen mothers also face serious problems. Today, I am happy to introduce the HIV Pre- judge for the city of New York from 1991 to They are more likely to drop out of high school vention Act of 1996 in an attempt to return 1994. Prior to this distinguished honor, Ms. and end up on welfare. In fact, a new report sound medical practices to our Nation's public Bayne used her legal expertise to improve the just released by the non-partisan Robin Hood health policy and curtail the spread of the quality of life for New York City by serving as foundation revealed that the teen pregnancy deadly HIV epidemic. an administrative law judge for the New York crisis costs our Nation an estimated $29 billion Recent scientific breakthroughs make State Workers' Compensation Board, as a a year in increased education, welfare and prompt passage of this bill extremely impor- former commissioner of the New York City prison expenses. tant. Civil Service Commission, and as staff attor- As a nation, we can no longer afford the Many of the world's top HIV scientists have ney for the criminal defense division of the consequences of teen pregnancy. suggested that it may be possible to eradicate Brooklyn Legal Aid Society. We must provide teens with positive options the virus from the body and completely sup- Currently, in private practice, Ms. Bayne is to pregnancy. We must expand employment press it by using a combination of new HIV admitted to practice in New York State, the and educational opportunities for teens so that drugs. Some believe that these drugs may Federal courts for the Southern and Eastern they have realistic alternatives to pregnancy. transform HIV from a terminal disease into a Districts of New York, and the Court of Ap- Public policy must help our children learn and chronic disease like diabetes or heart disease. peals. Her various professional affiliations in- help them to get jobs. However, researchers agree that the success clude the Metropolitan Black Bar Association, Community leaders must also speak out of these drugs depends upon getting treat- Kings County Criminal Bar Association, Brook- and use their influence. Our Nation's culture ment early. lyn Women's Bar Association, Bedford must change. We must encourage America's This bill aims at protecting the uninfected Stuyvesant Lawyers Association, and the As- teens to remain abstinent and responsible be- and at helping those who are infected to dis- sociation of the Bar of the City of New York. fore marriage. We must restore the stigma cover their status as early as possible to maxi- Ms. Bayne and her husband, Bernard, are that used to accompany teen pregnancy and mize the opportunities now available. the proud parents of two children, Tracy and make it very clear to America's teens that The following is a section-by-section sum- Michael. I am pleased to introduce Ms. Bayne pregnancy is just not an option. mary of the proposal. to my colleagues. Teen pregnancy robs teens of both their IMPROVED HIV EPIDEMIC MEASUREMENT f childhood and their futures. It also robs their The HIV Prevention Act establishes a con- children, and their children's children. As lead- TEENAGE PREGNANCY REDUCTION fidential national HIV reporting effort. ers in our communities, we must speak out on ACT OF 1996 Currently every State reports AIDS cases, this issue. This bill is one of the first steps we which is merely the end stage HIV infection. need to take in order to break this tragic cycle. By confidentially reporting new cases of HON. NITA M. LOWEY f HIV, those responsible for control of the dis- OF NEW YORK ease can more accurately determine the cur- IN THE HOUSE OF REPRESENTATIVES INTRODUCTION OF THE HIV rent extent of the epidemic as well as future PREVENTION ACT OF 1996 trends, rates of progression, direction of Thursday, August 1, 1996 spread, possible changes in transmissibility Mrs. LOWEY. Mr. Speaker, I am pleased to and other critical factors of disease control. HON. TOM A. COBURN Such information will allow for the develop- introduce the Teenage Pregnancy Reduction OF OKLAHOMA Act of 1996, a bill that has bi-partisan support. ment of long-term strategies based on reli- IN THE HOUSE OF REPRESENTATIVES able data. This bill will provide for in-depth evaluation of teen pregnancy prevention programs nation- Thursday, August 1, 1996 PARTNER NOTIFICATION wide. Mr. COBURN. Mr. Speaker, it has been just The HIV Prevention Act would require This bill is one of the first initiatives of the 15 years since the first cases of AIDS were States to inform individuals if they may have been exposed to HIV by a current or Congressional Advisory Panel to the National recognized. The first thousand cases had past partner. Campaign to Prevent Teenage PregnancyÐa been reported to the CDC by February 1983. Partner notification is the only time- bi-partisan panel that was announced earlier The cumulative incidence of reported AIDS ly way to alert those in danger of infec- today. I am very proud that I am introducing reached 10,000 in the spring of 1985, only 2 tion and is the standard public health this bill with my co-chair of the Advisory Panel, years later. The cumulative number of cases procedure for curtailing the spread of Rep. MIKE CASTLE, and the vice-chairs of the reached a total of 513,486 by the end of 1995. virtually all other sexually transmit- Advisory Panel, Reps. NANCY JOHNSON and Of these, 319,849 were known to have died. ted diseases. EVA CLAYTON. Several other members of the Clearly, this is an epidemic of historic propor- Partner notification essentially requires Advisory Panel join us as original co-sponsors. tion that is continuing to grow. two steps. The fist is counsel all infected in- This bill provides for very needed in-depth While no cure exists for AIDS, we know dividuals about the importance of notifying evaluation of promising teen pregnancy pre- enough about the disease to prevent its their partner or partners that they may have vention programs. At a time when we are dis- spread completely. For instance, we now been exposed. The second is for their doctor cussing making serious investments in teen know that AIDS is caused by the human to forward the names of any partners named pregnancy prevention programs, it is critical immunodeficiency virus [HIV] and is actually by the infected person to the Department of Health where specially trained public health that we understand which programs are truly the end stage of HIV infection. We also know professionals complete the notification. In effective, why they are effective, and whether that the disease is transmitted through the ex- all cases, the privacy of the infected person they can be replicated in other communities. change of body fluids and it attacks the body's is, and must be, protected by withholding Teen pregnancy is one of the most critical immune system, eventually leaving the body the name of the infected person from the issues facing America today. The explosion of unable to fend off disease. partner being notified. August 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1447 Notification allows for early medical treat- this by encouraging medical associations to public health and safety, or consumer protec- ment which can prolong and improve lives. It establish guidelines for providers with HIV tion laws in order to meet our international also curtails the spread of HIV, and there- to follow in the performance of any risk trade obligations. That resolution passed the fore, saves lives. prone invasive medical procedure on a pa- Studies confirm that only 10 percent or less tient and by allowing providers to test a pa- House unanimously. of people who have recently tested HIV-posi- tient for HIV before performing such a proce- The bill we are considering breaks that tive manage, by themselves, to notify their dure if the provider considers such a test promise we made to the American people. partners. necessary. This legislation weakens standards that have Between 50 percent and 90 percent of those Both health care professionals and patients been in effect for 6 years governing use of the who tested positive cooperate voluntarily should be given the ability to protect them- ``dolphin safe'' label on tuna sold in the United with notification. Further, even higher pro- selves from unwarranted HIV exposure. States. portions of those partners contacted- usually A recent study of hospital nurses con- Current U.S. standards prohibit the chasing, 90 percent or more- voluntarily obtain an cluded that workplace stress due to the fear harassing, or injuring of dolphin, in order for HIV test. of HIV contagion is high and the most effec- An overwhelming number of Americans be- tive way to reduce fear is to inform staff of tuna to be labeled ``dolphin safe.'' These pro- lieve that the rights of partners of those in- the HIV status of patients. hibitions have been in the Marine Mammal fected with HIV should be balanced against Similar proposals regarding patients and Protection Act since 1972. medical privacy rights held by the infected health care providers passed the Senate over- However, H.R. 2823 says the ``dolphin safe'' partners according to a poll published in the whelming in 1991, but were later dropped in label could be used as long as no dolphins New York Post. conference. are killed during the setting of a tuna net. As Legislation requiring spousal notification The public would like doctors and dentists a result, this bill would let tuna be labeled as has already been signed into law (Public Law with AIDS or HIV to be legally required to ``dolphin safe'', even though the fishermen 104–146). It makes perfect sense to expand no- inform their patients of their health status tification to all of those who may have been according to 93% of those polled in a New who catch it may be in violation of the Marine exposed to HIV. York Post survey. Mammal Protection Act. Why are we making these changes in long- The Centers for Disease Control and Pre- IRRESPONSIBLE BEHAVIORS INVOLVING HIV vention has concluded that even if only one standing U.S. policy? It is simply because The HIV Prevention Act expresses the in 80 notifications results in preventing a sense of the Congress that States should Mexico and other South American govern- new case of HIV-infection, given the huge criminalize irresponsible behaviors by those ments are pushing for it. medical and social costs of every case, notifi- who are infected. Our first priority should be our promises to cation pays for itself. Those who are infected with any disease American consumers, not the concerns of for- The American Medical Association (AMA) have a responsibility to prevent transmit- eign governments and foreign fishermen. has endorsed non-consensual partner notifi- ting the disease to others. Because no cure cation for HIV infection and CDC has re- Proponents of this legislation say we need exists for HIV, those who knowingly place quired states to establish procedures for to change our standards to bring the United others at risk of infection are endangering partner notification for AIDS. States into compliance with our trade obliga- More than 30 states have enacted specific innocent lives. tions. That simply is not true. 79% of Americans believe that those who HIV partner notification provisions as of This bill goes far beyond what is needed to knowingly infect another person with HIV July 1994 and several others have passed laws should face criminal charges. Half of those comply with trade agreements to which we are allowing for the disclosure of HIV informa- surveyed said that people who knowingly a party. Mexico and other governments are tion in response to a court order. simply using our trade agreements as an ex- It is estimated that between 630,000 to transmit the virus should be charged with 900,000 Americans are living with HIV infec- murder. cuse to force other changes in U.S. law that tion and about 50,000 people became infected CONFIDENTIALITY AND HIV are not justified and should not be made. with HIV each year. Sadly, most of those in- The HIV Prevention Act expresses the Mr. Chairman, an amendment will be of- fected do not know it and do not get tested sense of Congress that strict confidentiality fered later by the gentleman from Massachu- until they are already sick with AIDS-relat- must be observed at all times in carrying out setts [Mr. STUDDS] which reiterates current ed disease. By this point, they have been de- the provisions of this Act. U.S. policy on the use of the ``dolphin safe'' nied the medical care that can prolong their f label. The amendment would not change, lives and stave off illness and may have in- however, those provisions of the bill designed fected others unknowingly. INTERNATIONAL DOLPHIN to bring the U.S. into compliance with trade Aggressive partner notification will also CONSERVATION PROGRAM ACT bring greater safety to our nation’s blood agreements. Mr. Chairman, I urge my colleagues to vote supply SPEECH OF for the amendment of the gentleman from HIV TESTING FOR SEXUAL OFFENSES Massachusetts. Unless the gentleman's The HIV Prevention Act requires that HON. CARDISS COLLINS those accused of sexual offenses be tested for OF ILLINOIS amendment is adopted, the bill should be de- HIV. IN THE HOUSE OF REPRESENTATIVES feated. Many times the victims of rape and other Wednesday, July 31, 1996 f sexual assaults also become victims of HIV. Because HIV is incurable, rape and moles- The House in Committee of the Whole CONGRATULATIONS TO NEW HOPE tation victims must have the right to know House on the State of the Union had under BAPTIST CHURCH OF NEWARK, if they have been exposed to HIV as soon consideration the bill (H.R. 2823) to amend NEW JERSEY after exposure as possible so they can imme- the Marine Mammal Protection Act of 1972 diately begin medical treatment if nec- to support the International Dolphin Con- essary. servation Program in the eastern tropical HON. DONALD M. PAYNE Victims can not rely solely on testing Pacific Ocean, and for other purposes: OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES themselves for the disease because there is Mrs. COLLINS of Illinois. Mr. Chairman, often a lag time that can last for several H.R. 2823, the International Dolphin Act, low- Thursday, August 1, 1996 months between HIV exposure and infection. Therefore, the only timely, logical and prac- ers tough U.S. standards, governing the use Mr. PAYNE of New Jersey. Mr. Speaker, I tical way for a victim to know if they may of the ``dolphin safe'' label on tuna sold in our would like to take this opportunity to congratu- be at risk of HIV is to learn the status of country, to accommodate foreign fishermen late the New Hope Baptist Church of Newark, their attacker. and foreign governments. NJ. On Sunday, September 15, 1996, they will Most states allow for victims to find out In its present form, this bill should be op- celebrate the 93rd Founder's Day and Mort- whether their attackers have HIV, but only posed. Not only will it lead to the killing of gage Burning Service. I ask my colleagues to after convicted of an assault, which may more dolphins, but it will also break a promise join with me in praising their diligence and ap- take many months or even years. that the House of Representatives made to Even if the victim tests negative, knowing plaud them on a job well done. Their level of the status of their assailant provides many the American public 4 years ago concerning community service is phenomenal and the victims with a sense of relief and allows the North American Free Trade Agreement 10th District of New Jersey is fortunate to them to seek further medical advice and and other trade agreements with which we have this church as one of our own. take precautions if positive. comply. New Hope Baptist Church was organized in HIV AND MEDICAL PROCEDURES At that time, I brought to the floor a resolu- 1903 by two sisters, Addie and Maggie Divine. The HIV Prevention Act protects both tion which promised the American public that Their first pastor was Reverend Jesse Wil- health care patients and professionals from the United States would not weaken any of its liams. The current pastor, Rev. Charles Ever- inadvertent exposure to HIV. It would do domestic environmental laws, laws protecting ett Thomas, began his tenure position at New E1448 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1996 Hope Baptist Church in 1968 and 10 years crafts, exhibits, banquet, and other food On June 28 he delivered the keynote ad- later he began a fundraising project to expand events, singing and much more. dress to the National Conference on the church. They have shown that this is a The FinnFest USA '96 theme is ``Finn Fam- Decentralism sponsored by the E.F. church with the open door that administers to ily Reunion: Passing the Torch of Heritage,'' Schumacher Society at Williams College. I in- the needs of the whole man. indicating the festival will be a big family re- clude at this point an excerpt of his remarks The members and supporters of the church union. In recognition of the large number of on that occasion, which I hope Members and have worked diligently for several years to re- Finnish Americans who reside in the Upper others will find interesting and useful. alize their dream. Expansions and overall Peninsula of Michigan, FinnFest USA '96 will PRAIRIE GRASS RISING growth culminated in their final move, on Sep- be making its third appearance in 14 years in (By John McClaughry) tember 13, 1987 into their new edifice. the Upper Peninsula. Carl Pellonpaa is presi- When this country was first settled by Eu- This church has reached out to the commu- dent of FinnFest USA '96. Carl is the host of ropeans in the 17th and 18th centuries, there nity with a day care center, an apartment com- Suomi Kutsuu (Finland Calling), the only was little expectation that we would fall plex, a food and clothing ministry, and a mi- weekly Finnish language television program in prey to indigenous centralized power. That nority trade training program. Their support of the United States. was what most immigrants gladly left be- the community has been stellar and this is The unique bond between the Upper Penin- hind them in the Old World. The new settle- part of what makes their success and growth sula of Michigan and Finland was evident by ments were small and widely dispersed, on the rim of a great, fruitful and thinly popu- so exciting. As we witness the growing num- the recent visit to my Washington, DC, office of the Speaker of the Finnish Parliament, Ms. lated continent. There was none of the indus- ber of churches being burned around this Na- trialization that later did so much to pro- tion and communities being engulfed by fear it Riita Uosakainen. I found Speaker Uosakainen mote giant institutions. Indeed, as late as is encouraging to see a mortgage burning in- to be an outgoing, thoughtful person who truly 1783, Mr. Jefferson could write in advocacy of stead of a church burning. represents her country, her people and all an agrarian America, ‘‘let our workshops re- Mr. Speaker, I ask my colleagues to join me Finnish Americans in a warm, graceful man- main in Europe’’. in congratulating New Hope Baptist Church on ner. Another important fact was that Ameri- their 93rd Founder's Day and Mortgage Burn- I look forward to joining Ms. Uosakainen, cans were never subject to feudalism. Feu- dalism calls to mind castles and crusades, ing Ceremony. May God continue to bless the Mr. Pellonpaa, all the ``true Finns'' and the ``fake Finns'' at the opening of FinnFest USA jousting and feasting, Ivanhoe and Prince members of New Hope Baptist Church. Hal. Shorn of those romantic garments, how- f '96 in Marquette on August 7, 1996. ever, feudalism was a deadly serious busi- Mr. Speaker, FinnFest USA and Finnish ness. At its heart was feudal land tenure. TRIBUTE FOR FINNFEST USA 1996 Americans enjoy a proud history. On behalf of Land could not be owned by anyone save the State of Michigan, the Upper Peninsula of the crowned knave called the sovereign. It HON. BART STUPAK Michigan, and the entire Nation, I would like to could only be held, and the holding carried with it all sorts of duties. The most impor- OF MICHIGAN declare FinnFest USA Observance Week, Au- gust 5±11, 1996, and congratulate FinnFest tant was to lead armed men to the aid of the IN THE HOUSE OF REPRESENTATIVES USA on an excellent festival which is recog- superior in the feudal hierarchy when he got Thursday, August 1, 1996 nized as part of our Nation's and our Finnish into a bloody altercation with another such ruffian, spotted some easy and unprotected Mr. STUPAK. Mr. Speaker, it is an honor for heritage. pickings elsewhere, or went off to Jerusalem me to bring to the attention of the House and f to free the Holy City from the infidels and the entire Nation of the 14th annual FinnFest PRAIRIE GRASS RISING get in good with the Pope. USA festival, which will be held in Marquette, Admittedly, feudalism was a strong force MI, on August 7±11, 1996. for social stability and military security in a FinnFest USA is a national festival, open to HON. DANA ROHRABACHER tempestuous age. Unfortunately, feudalism everyone, celebrating the culture of Finland OF CALIFORNIA stifled liberty, opportunity, and self govern- IN THE HOUSE OF REPRESENTATIVES ment. By the time the colonies were settled, and Finnish Americans. It is held annually, it was rapidly dying out in England. hosted each year at a different site, and this Thursday, August 1, 1996 Thus it never took root on these shores, year it is being held in Michigan's Upper Pe- Mr. ROHRABACHER. Mr. Speaker, Presi- with the minor—at least to us—exception of ninsula at Marquette. dent Thomas Jefferson lamented the tend- the great feudal estates just to the west of FinnFest USA traces its beginnings back to ency, even in his day, of politicians to ``gener- where we meet today, in the Hudson valley. September 12, 1982, when Tauri Aaltio, exec- alize and concentrate all cares into one body.'' Yet another barrier to the rise of centralized power in America was the ideology of utive director of Finland Society, Helsinki, Fin- Throughout our history, from his day to ours, land, hosted a meeting in Minneapolis, MN. At what was called in England the Country there has been a constant battle between Party. That system of political beliefs was the meeting, 39 representatives from Finnish those who would centralize power in Washing- found in abundance throughout the writings American organizations from throughout the ton and those who struggled to keep it dis- of the great republican and whig leaders of United States met to discuss the new organi- persed among the people and in their local our revolutionary period. zation. One of the goals of the organization is communities. The Country Party was bitterly opposed to to work with new immigrants in the United I was proud to have worked for several the beliefs and practices of its nemesis, the States and to keep their cultural ties. So Finn- years for a great man who was in his time one Court Party. It detested a monopoly on reli- ish families and those who wish they were gion by the established church. It had an ab- of the Nation's most eloquent voices for the solute horror of the standing national army Finnish come together to celebrate their ethnic Jeffersonian decentralist tradition, Ronald and conscription. It despised government run heritage. At this first meeting the Finland Soci- Reagan. During those years some of his most banks and the issuance of paper money, ety voted to call their annual festival ``FinnFest memorable remarks on this theme were which could be manipulated by rich elites to USA''. penned by my friend John McClaughry, who defraud the honest farmer, artisan and me- The first FinnFest was held the following served as one of Governor Reagan's chanic. year on August 7, 1983. The 39 original rep- speechwriters and idea people. It hated corporate monopolies conferred by resentatives voted and approved that this an- When Governor Reagan was elected Presi- corrupt governments, taxation without rep- nual festival was to be held each year in a dif- dent, John McClaughry sold his cow to pay for resentation, and the gang of fawning hang- ers-on who subsisted as parasites at the ferent location in the United States. Its bylaws the moving expenses from his log cabin on Court. It demanded that the people of a com- and articles of incorporation were read and Kirby Mountain, VT to Washington, where he munity be given the power to appoint their approved. The election of the first board of di- served as White House Senior Policy Advisor own judges and justices of the peace, and the rectors was held, and it was decided that in the first 2 years of the Reagan Presidency. members of the militia be given the power to there would be nine board members. Three I suppose very few White House Senior Policy elect their own officers. It resisted with members from each the Western, Midwest, Advisors in this century, at least, can make vigor every effort of the Crown to restrict and Eastern parts of the United States. such a statement. the historic liberties of the common people. FinnFest USA provides Finnish Americans John, who has many friends among this As Lance Banning has so ably shown in his brilliant book The Jeffersonian Persuasion, an opportunity to meet one another and to body, went home to Vermont in 1982. He was this Country Party ideology became the rul- broaden and deepen their knowledge of Fin- subsequently elected twice by large majorities ing beliefs of the early Jeffersonians. And land and Finnish American history and culture. to the Vermont State Senate, and is now when Mr. Jefferson came to the Presidency This year's event will include music, folk danc- president of the Ethan Allen Institute, a Jeffer- in the Revolution of 1800, he acted on those ing, dances, educational forums, arts and sonian think tank in Concord, VT. beliefs. August 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1449 Mr. Jefferson’s motto was ‘‘equal rights for lar men as Ralph Waldo Emerson and John lane highway. Once it was the great Route all, special privilege for none.’’ He cut in half C. Calhoun, Fighting Bob Lafollette and 66, America’s mightiest highway, the main- the nation’s foreign embassies, laid off half Louis D. Brandeis. It included the valiant line from Chicago to the Golden West. No the little army, began to sell off the western Loco Focos, the early Populists and Western longer do the eighteen wheelers speed over lands to homesteaders, repealed all domestic Progressives, the followers of Henry George, its pitted concrete; no longer do the Harleys taxes, and abolished the equivalent of the In- the anarchists and cooperators, the home- and travel trailers push forward to new ad- ternal Revenue Service. stead movement and the Southern agrarians. ventures. Mr. Jefferson’s first budget dedicated 70% Years ago I remember the thrill of discov- Old Route 66 is abandoned now; the heavy of the government’s revenues to paying off ering a yellowed copy of the magazine called traffic zooms by on I 70 to the north and I 40 the national debt. The amount remaining for Free America, the journal of the distributist to the south. Even the local small town traf- current expenses was less than what was movement of the late 1930s. Its credo might fic has passed it by. The prairie grass has spent by the national government in any serve us still today: grown up through the cracks forced open by year since 1793. He sent out his commissars ‘‘Free America stands for individual inde- decades of exposure to sun and wind. to ‘‘hunt out and abolish multitudes of use- pendence and believes that freedom can exist But just as that soft, flexible grass has less offices.’’ Now there was a true only in societies in which the great majority pushed through the hard, heavy concrete decentralist hero! are the effective owners of property and in under the hot Kansas sun, the spirit of But even before the end of his two terms, which group action is democratic. In order to decentralism, often paved over and ignored, Mr. Jefferson had been forced to backtrack achieve such a society, ownership, produc- always returns to bring about a new begin- from this auspicious beginning. He had to re- tion, population and government must be de- ning. We may not know quite what form it vive the Navy—without Congressional au- centralized. Free America is therefore op- may take, or what will fertilize its growth; thorization—to confront the Barbary pirates. posed to finance-capitalism, fascism, and but we know it is there, in the hearts and He swallowed hard and committed the new communism.’’ minds of common people everywhere. All nation to the purchase of the huge Louisiana To that movement from the past must be overgrown institutions and centralized tyr- Territory. now be added many newer voices. They in- annies fear it. It can be and is suppressed, Nonetheless, thanks to the wise policies of clude the many local currency movements but it cannot be destroyed. We are on the his Treasury Secretary Albert Gallatin, the represented here this weekend; the side of history, and though it may not al- national debt was in fact paid off completely communitarians of the American Associa- ways be apparent, we are winning. in the year 1835. tion for Rights and Responsibilities; the var- John McClaughry is chairman of the E.F. But as the new nation grew and prospered ious libertarian groups; the ‘‘new Demo- Schumacher Society and president of the in the first half of the 19th century, the crats’’ of the Democratic Leadership Council Ethan Allen Institute, a state public policy forces of centralization gathered steam. and the ‘‘old rightists’’ of the Republican think tank in Kirby, Vermont. From 1980 to With the growth of invention came the rapid Liberty Caucus; the Civil Society Project 1982 he was Senior Policy Advisor to Gov. growth of industrialization. Industrialization and the New Citizenship Project; the groups and President Ronald Reagan. He later required capital. The result was what came of all races working for neighborhood re- served as a state Senator and was the 1992 to be called Finance Capital, interwoven, newal in our inner cities and rural renewal Republican candidate for Governor of Ver- often corruptly, into the fabric of the state in the countryside; and even many of the mont. and national governments. spontaneously formed groups bearing the f The greatest impetus toward centraliza- honorable name of the militia. tion in America was the War Between the To these must be added the names of rising TRIBUTE TO HUGH WYATT States. This is not the time or place to re- political philosophers like Michael Sandel count the centralizing effects of President and Robert Putnam, and technofuturists like Lincoln’s administration, but suffice it to George Gilder and Nicholas Negroponte. HON. EDOLPHUS TOWNS mention conscription, total war against ci- Indeed, in the magazines of the cyberworld OF NEW YORK articles regularly appear showing how the vilian populations, suspension of habeas cor- IN THE HOUSE OF REPRESENTATIVES pus, arbitrary rule over the conquered rise of the Internet and readily available states, and the nationalization of money and cryptography mean the defeat of the institu- Thursday, August 1, 1996 banking. tions of centralized power, just as Mr. TOWNS. Mr. Speaker, Hugh Wyatt, On the positive side of the ledger, the war perestroika laid the groundwork for the did destroy the Slave Power, but the victors rapid dissolution of the late unlamented So- born and reared in Atlanta, GA. has been in- tragically failed to deliver on the empower- viet Union. That of course is the reason why volved with the media virtually all his life. At ing promises they made to the new black the government is trying desperately to gain the age of 9, he was submitting articles to citizens of the South. policing authority over the Internet, and to local papers. He later founded the Atlanta In- Half a century later the writer Randolph suppress the distribution of crypto systems quirer along with such notables as Julian Bourne was to observe pithily, ‘‘War is the the government cannot penetrate. Bond. With the vast amount of knowledge he health of the State’’. It was proven again in When we survey the sweep of American acquired during his early years, Mr. Wyatt, at his day, when the Wilson administration laid history, it is easy to become despondent the modern foundation for the all powerful about the march of giantism and centralized age 25, created the Inner-City Broadcasting Federal leviathan. That era gave us, again, power. We mourn the inexplicable absence of Corp. with Carl McCall, New York State participation in a bloody war, conscription, a bold leaders to force the issue of cen- Comptroller; David Dinkins, former Mayor of the income tax, the final nationalization of tralization and decentralization on the na- New York City; and Percy Sutton, former Bor- money, the sedition act, the interweaving of tional public. Many of us are doubtless dis- ough President of Manhattan. At age 35, he Big Business and government, and the begin- gusted with the major party candidates for continued to enlighten readers with his edi- ning of J. Edgar Hoover and the ruthless in- President, both of whom seem committed to torial columns at two of New York City's major vasion of civil liberties. preserving and enlarging the central power, newspapersÐthe New York Daily News and By the time of the Great Depression the albeit for different ends. pattern was well established. As Robert I daresay most of us here today share the the Amsterdam News. Higgs has documented, every crisis called sentiments of an out of work politician who In 1986, Mr. Wyatt reached a pivotal point forth more centralized governmental power. said, back in 1978, that the real issue is not in this life when he founded the Medical Her- This economic crisis, caused largely by the opposition of Left and Right. ‘‘The real ald, a national newspaper circulated through- grievous mistakes by the new Federal Re- issue,’’ he said, ‘‘is how to reverse the flow of out the United States including Hawaii and serve Board and an oppressively protection- power to ever more remote institutions, and Puerto Rico. I am pleased to recognize this ist tariff law, disappeared only with the to restore that power to the individual, the outstanding journalist and to introduce him to onset of the greatest war in our history. family, and the local community. Millions of my House colleagues. As government grew, business used its in- Americans, in both the small towns and fluence to get government to create new pri- great cities of this land, are steadily coming f vate fortunes. The rapacity of finance cap- to the same conclusion.’’ ital called forth the organization of what has Three years later that man was President SALUTE TO LIEUTENANT COLONEL now become Big Labor. In due course the of the United States. Although I can think of NATHAN THOMAS trend toward giantism has given us Big nothing his administration did to reflect Media, Big Religion, Big Education, Big those sentiments, I can assure you that Ron- HON. MARTIN OLAV SABO Medicine, and a big and all powerful Judici- ald Reagan sincerely believed in what he OF MINNESOTA ary. said on that radio broadcast. So too, I think, To this centralizing trend, dating back a do many millions of Americans subscribe to IN THE HOUSE OF REPRESENTATIVES century and a half, there have been many that incisive sentiment, although they would Thursday, August 1, 1996 honorable dissenters. The honor roll begins describe themselves politically in many di- with Jefferson and Jackson, curiously the al- verse and conflicting ways. Mr. SABO. Mr. Speaker, I rise today to sa- leged patron saints of today’s Democratic Out in the western part of Kansas, bor- lute Lt. Col. Nathan Thomas, a Minneapolis Party. It drew on the genius of such dissimi- dered by waving fields of grain, is an old two constituent and member of the Minnesota E1450 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1996 Army National Guard, who was recently met. Mr. Rothschild relates that the first Mr. Justice, you have faithfully fulfilled named a recipient of the Roy Wilkins Renown duty required was the burying of Mr. that sacred trust in the finest manner. For Service Award presented by the National As- Poppenhusen who died shortly after hiring over 20 years now you have applied your wis- them both. The two shortly formed the firm dom, scholarship and especially integrity to sociation for the Advancement of Colored of Rothschild, Stevens, Barry and Myers. the process of determining and articulating People [NAACP] during its annual conference Then attorney Stevens specialized in anti- how the concepts as expressed in the Con- in Charlotte, NC. trust and appellate litigation, and had the stitution should be applied to the ever Colonel Thomas was cited by the NAACP reputation of analyzing and articulating changing conditions and circumstances of to- for his accomplishments in the military on be- complex problems in such a fine tuned man- day’s society while still preserving its essen- half of the African American community. Dur- ner that the result would appear obvious. tial meaning. You have always voted as you ing the past several years he has focused his Mr. Rothschild remembers the Justice as believed was right for the country and not efforts on recognizing the contributions and fiercely competitive in all that he did, but necessarily what was currently fashionable. adds, ‘‘I still beat him at tennis.’’ positive role of the African American soldier, Whether in the majority, in dissent or in Justice Stevens was appointed by Presi- concurrence you have used that ability to ar- and providing young people with alternatives dent Nixon to the U.S. Court of Appeals for ticulate complex problems into an easily un- to gang membership and violent behavior. the 7th Circuit on October 14, 1970. He was derstood and compelling opinion. You have Colonel Thomas has developed a video and appointed by President Ford as Associate not only served the longest tenure other teaching guide that traces the historical con- Justice of the Supreme Court and took office then Justice Rehnquist on the current Court, tributions of the brave and determined African on December 17, 1975. A prime sponsor was but have been the most prolific opinion writ- then Attorney General Levi, also an alumnus American buffalo soldiers during the late er. You have demonstrated a pattern of inde- of the Chicago area, who described Judge pendent voting concerned more with clear 1800's. Using the buffalo soldiers as a corner- Steven’s 7th Circuit opinions as ‘‘gems of stone, he has founded a nonprofit corporation enunciation of believed principles rather perfection and a joy to read’’. than compromise, an overriding belief that Prior to his appointment to the bench, in the Minneapolis/St. Paul area that is com- the Constitution should be utilized to pro- Justice Stevens served on numerous commit- mitted to assisting at-risk children in develop- tect the rights of those who traditionally tees, for example as counsel to the House Ju- ing self-respect and social survival skills. have been powerless, and an unwillingness to diciary Committee, and as a member of the For the past 10 years, Colonel Thomas has sacrifice constitutional values in the name Attorney General’s Committee to study the of administrative convenience. In this high- spent part of his vacation-time teaching pho- Anti-Trust laws. He has served on the fac- est calling you have served in the highest tography and life-skills to inner-city, African ulty at Northwestern and Chicago Law manner. Your work on the Court has earned American teenagers. He has even met with Schools and lectured at Salsburg and New you a special place of honor along with the gang members to assist them in developing York Un. Law Schools, authored numerous likes of Holmes, Brandeis, Harlan, Frank- articles and reviews and been an active positive self-images and respectful views of furter, Black and others stretching back to member of the American Bar Association, other men and women. John Marshall. Federal Bar Association, American Law In- Mr. Speaker, it is with great pleasure that I We are in the same business, Mr. Justice. stitute and American Judicature Society. rise today to recognize Lt. Col. Nathan Thom- Besides being an accomplished, competi- We honor you tonight not only for your life- as. I ask my colleagues to join me in con- tive tennis player, he is an excellent bridge time accomplishments but for your qualities gratulating him for his contributions, and in player, having acquired numerous Master of wisdom, judicial demeanor, intelligence, wishing him success in all his future endeav- Points, an avid golfer and enjoys the oppor- integrity and passion for justice that we all ors. tunity to read and travel. aspire to. You are a model of what the citizenry rightfully requires of the judiciary. f 220 years ago, a great experiment was launched in government from the Eastern Importantly, by your acceptance of our TRIBUTE TO U.S. SUPREME COURT shores of this continent in what was other- award, you honor us and the work we do as wise a vast undiscovered virgin land far re- independent administrative law judges. La- ASSOCIATE JUSTICE JOHN PAUL dies and Gentlemen please welcome the 1996 STEVENS moved from the feuding and too often tyran- nical governments of Europe. Our founding Federal Administrative Law Judge Con- fathers had the profound wisdom to combine ference honoree, United States Supreme HON. GEORGE W. GEKAS an idealistic notion that people could govern Court Associate Justice John Paul Stevens. OF PENNSYLVANIA themselves through their representatives f IN THE HOUSE OF REPRESENTATIVES with the contrasting cynical observation that human nature required that there be RELIGIOUS FREEDOM IN KUWAIT Thursday, August 1, 1996 checks and balances to prevent undue acqui- Mr. GEKAS. Mr. Speaker, I would like to sition of power in one individual or group. HON. LEE H. HAMILTON bring your attention to the following tribute pre- And so after much debate they wrote a Con- OF INDIANA stitution that provided for the separation of sented by United States Administrative Law IN THE HOUSE OF REPRESENTATIVES powers in three branches of government. It Judge John C. Holmes. Judge Holmes had was left to the third branch, the Judiciary, Thursday, August 1, 1996 the honor of introducing United States Su- to not only settle disputes between parties Mr. HAMILTON. Mr. Speaker, a constituent preme Court Associate Justice John Paul Ste- but also to set the parameters and limita- of mine, Paul Bennett of New Albany, IN, con- vens when Justice Stevens received an award tions of the other two branches. At the pin- tacted me in June on behalf of Robert Hus- of merit from the Federal Administrative Law nacle was established a Supreme Court of the sein, Kuwaiti citizen who converted to Chris- Judge Conference on May 4, 1996. United States whose duty it became to inter- tianity. I have found Judge Holmes' remarks to be pret the provisions of the Constitution and I wrote to the Kuwaiti Ambassador, to ex- a fitting tribute to the distinguished career and their application to the ever changing nature of society. The Constitution has served us press Mr. Bennett's and my own concern for character of Justice Stevens. It is, therefore, well; we need only to look at other failed Mr. Hussein's safety, and in support of his with great honor that I present to you the fol- governments and governmental systems, right to practice the religion of his choosing. In lowing. most recently communism, to appreciate the his July 25 response, Ambassador Al-Sabah benefits conferred and the freedom provided Born April 20, 1920 in Chicago, Illinois, informs me that the ``Government of the State John Paul Stevens graduated from the Uni- under it. It has endured as the country has versity of Chicago, Phi Beta Kappa, majoring fulfilled its manifest destiny, ended slavery, of Kuwait has stated publicly that it will guar- in English Literature. After serving three fostered the industrial and now the tech- antee Mr. Hussein's safety.'' years with distinction in the U.S. Navy dur- nology revolutions, evolved from a rural to I would like to bring my correspondence ing World War II, he received a law degree an urban society and changed enormously in with Ambassador Al-Sabah on this matter to from Northwestern University in 1947, magna many other ways. In order to preserve this the attention of my colleagues: cum laude, where he was law review editor ‘‘living’’ Constitution a sacred trust is con- HOUSE OF REPRESENTATIVES and order of the coif. He not only graduated ferred by the today 250 million people of the Washington, DC, June 17, 1996. first in his class, but received the highest United States on only nine individuals who His Excellency MOHAMMED SABAH AL-SALIM record of academic achievement in the have been elevated to the high calling of Jus- AL-SABAH, school’s history. tice of the Supreme Court. This sacred trust Ambassador, Embassy of the State of Kuwait, He first came to Washington and the Su- does not demand that we agree with every Washington, DC. preme Court in October, 1947 where he served idea and interpretation uttered by any one DEAR MR. AMBASSADOR: I write with re- as clerk to Associate Justice Wiley Rutledge. Justice, that would be impossible. But it spect to the civil court decision of May 29, Returning to Chicago he joined the law does require a consistent and conscientious 1996 and apostasy declaration against Ku- firm of Poppenhusen, Johnston, Thompson effort by each Justice to place the nation’s waiti citizen Hussein Qambar (Robert Hus- and Raymond. Hired at the same time was interest as embodied in the Constitution sein) and the judge’s statement that Mr. Ed Rothschild, who he hadn’t previously above all else. Hussein ‘‘should be killed.’’ August 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1451 I am deeply concerned about this call by wait today there are at least six churches of the 2,000 wells in which the two partici- the judge for extrajudicial violence against and no less than 200,000 practicing christians pated in. Mr. Hussein. I urge your government to take allowed to worship publicly. As a matter of Both Cy Wagner and Jack Brown are dedi- necessary measures to protect Mr. Hussein fact, Kuwait’s first modern hospital was cated oilmen who have strengthened West and request that your government reaffirm built by American missionaries during the publicly the right of Mr. Hussein to practice first decade of our present century. This en- Texas and this whole country. However, their the religion of this choice, according to arti- during gift of the evangelical church of contributions go much further than the oil in- cles 29 and 35 of Kuwait’s Constitution. America is a shining witness to the Kuwaiti dustry. Both men have given generously in Our two countries enjoy close relations, national character that is based on tolerance support of countless local organizations in- and I am proud that our soldiers served and and respect for the beliefs of others. volved in education, culture and community fought together in the war to liberate Ku- I hope that the above information has development. They richly deserve the title of wait from Iraqi aggression. As a friend of Ku- helped to clarify some of the issues in the Top Hands. wait, I would urge/you to address the per- aforenoted case, however, should you require f sonal safety of Mr. Hussein and take steps to additional information concerning this and uphold the principles of religious freedom any other matter, please feel free to contact TRIBUTE TO DR. WARREN embodied in you Constitution. the Embassy of Kuwait. WETZEL, M.D. I appreciate your attention to this matter, Best regards, and I look forward to your reply. Sincerely, With best regards, MOHAMMED S. AL-SABAH, PH.D., HON. EDOLPHUS TOWNS Sincerely, Ambassador. OF NEW YORK LEE H. HAMILTON. f IN THE HOUSE OF REPRESENTATIVES EMBASSY OF THE STATE OF KUWAIT, TRIBUTE TO CY WAGNER AND Thursday, August 1, 1996 Washington, DC., July 25, 1996. JACK BROWN The Honorable LEE HAMILTON, Mr. TOWNS. Mr. Speaker, Wisconsin-na- House of Representatives, Washington, DC. tive, Dr. Warren Wetzel, for 25 years an active DEAR CONGRESSMAN HAMILTON: Thank you HON. LARRY COMBEST member of the New York City medical com- very much for your inquiry concerning the OF TEXAS munity, died this year. Kuwaiti citizen, Mr. Robert Hussein, who has IN THE HOUSE OF REPRESENTATIVES Dr. Wetzel, a noted authority on emergency recently converted from Islam to Christian- trauma, served as director of trauma and sur- ity. Thursday, August 1, 1996 The Government of the State of Kuwait gical critical care at Kings County Hospital has stated publicly that it will guarantee Mr. COMBEST. Mr. Speaker, I rise to pay Center in Brooklyn. Prior to joining Kings Mr. Hussein’s safety. A public statement is- tribute to the Permian Basin Petroleum Asso- County Hospital Center, Dr. Wetzel made his sued by the Ministry of Justice and dated ciation's Top Hand Award recipients for 1996. mark at the Bronx Municipal Hospital Center 22nd of July 1996, affirms unequivocably Mr. I cannot think of two more deserving individ- rapidly rising from assistant attending surgeon Robert Hussein’s right to practice the reli- uals of this prestigious award than Cy Wagner to director of trauma service. He was also an gion of his choice with all the freedoms that and Jack Brown. These two Midland oilmen associate professor of clinical surgery at Albert one commonly associates with religious are the founders of Wagner & Brown Ltd. Einstein College of Medicine extensively lec- practices; and further states that it is the They are well-known for their hard work and duty of the Kuwaiti authorities to protect turing on topics such as: `Ùrban Trauma,'' him against any threats, harassment or intelligence in the oil industry which made ``Changing Patterns of Gunshot and Stab abuse, just like any other citizen or non-citi- Wagner & Brown Ltd., a great American suc- Wounds,'' ``Management of Liver Trauma,'' zen of the State of Kuwait. cess story. and ``Management of Bites and Stings.'' Here as follows are some of the significant Cy Wagner graduated high school in Tulsa Through his zealous advocacy for the medi- facts that must be clarified: from Central High School and then went on to cal profession, Dr. Wetzel was a key member 1. Originally, Mr. Hussein’s case was receive a degree in geology from Oklahoma of various committees including, but not lim- brought before the Family Courts system in University. He began his career with Amerada Kuwait, which is governed by religious law ited to: New York City Trauma Center Advi- in matters pertaining to marriage, divorce Petroleum in Midland in early 1957. In 1961, sory Committee; oversight committee, New and inheritance, only. As well, this case is a he began working for J.E. Jones Drilling in York State Department of Health Regional civil case between Mr. Hussein and his wife, Midland. Trauma Quality Assurance Grant; residency involving also child custody. While the Jack Brown was born in Brownsville but review committee, State University of New courts have ruled in Mr. Hussein’s favor in grew up in San Antonio. After graduating from York Health Science Center; and education the child custody case, his former wife has Breckenridge High School, he went to Texas committee, Bronx Chapter of the American appealed the verdict. A&M for a year and then into the Army, sta- 2. I wish to assure you that Mr. Hussein College of Surgeons. has neither been incarcerated nor sentenced tioned in Japan for 3 years. When his duties As a result of his dedication to helping oth- to death by the State as has been reported to his country were over with, Brown returned ers, Dr. Wetzel's legacy continues through erroneously. Furthermore, though he has to Texas A&M and in 1950 graduated with de- Doctors Against Murder, a unique nonprofit or- been declared an apostate by the Family grees in petroleum engineering and mechani- ganization he founded so that doctors, nurses, Court, the only penalty that was imposed on cal engineering. After working as a roughneck and other medical professional could educate Mr. Hussein was to fine him the nominal in Alice, TX and then in Venezuela for 2 years youth on the trauma of violence. Doctors court fees. with Texaco, Jack Brown returned to Texas to Against Murder was the first recipient of the 3. Mr. Hussein’s constitutionally guaran- join J.E. Jones Drilling in Midland in 1957. teed civil rights remain intact and unaf- National Association of Public Hospital's Jim fected by the case. These include his right to Wagner and Brown formed their own part- Wright Vulnerable Population Award, June 29, own property, vote or receive government nership in 1961 and later was joined by 1996. The medical profession and the recipi- benefits. If Mr. Hussein feels that his con- landman Deane Stoltz. Most of their activity ents of Dr. Weitzel's efforts will truly miss him. stitutionally guaranteed rights are being was centered around the Permian Basin area. It is my honor to recognize his sterling service, compromised, he may choose to bring his ap- By 1967 the group drilled more than 60 wells and to introduce him to my colleagues. peal before the appropriate authorities at in the Bagley Field in New Mexico which sup- f the Ministry of Justice and/or the Human plied needed cash flow for larger projects Rights Committee in the Kuwaiti Par- elsewhere. CONFERENCE REPORT ON H.R. 3734, liament. In addition, Kuwait’s independent In 1969 Stoltz, Wagner, and Brown ex- PERSONAL RESPONSIBILITY AND and free press has shown unwavering com- WORK OPPORTUNITY RECONCILI- mitment towards reporting human rights changed most of their interest in the Bagley complaints by citizens and non-citizens Field for a 25 percent equity position in ATION ACT OF 1996 alike. Kuwait’s press remains a testament to Tipperary Corporation, to be run by Stoltz, and our nation’s desire for a more open and toler- control of the partnership was turned to Wag- SPEECH OF ant society. ner and Brown. HON. J. DENNIS HASTERT In conclusion, let me say that justice, lib- Wagner & Brown, Ltd. began their largest erty and equality for all citizens are not only OF ILLINOIS guaranteed by the constitution (article No. drilling program in 1975 on 30,000 acres of IN THE HOUSE OF REPRESENTATIVES the Conger Field in Sterling and Glasscock 35 states that ‘‘Freedom of religion is abso- Wednesday, July 31, 1996 lute’’); but also, Kuwait has had and contin- counties, and today they run more than 600 ues to have a very long-standing tradition of wells in this area. The partnership now em- Mr. HASTERT. Mr. Speaker, today I join a religious tolerance and acceptance. In Ku- ploys about 200 people and operated over half bipartisan majority of the House to return our E1452 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1996 Nation's welfare system to what it was meant to the common sense of the American people H.R. 3924, THE STATISTICAL to be: a hand-up, not a hand-out. who see through the misinformation and dis- CONFIDENTIALITY ACT Almost everyone I talk with understands that tortion and we kept our promise. I am pleased our current welfare system is inefficient, unfair that President Clinton finally joined our cause and damaging to those it is supposed to help. today and agreed to sign this long overdue re- HON. CAROLYN B. MALONEY We all agree that helping those who by no form. OF NEW YORK fault of their own have fallen on hard times is f the right thing to do. But the current system IN THE HOUSE OF REPRESENTATIVES doesn't do that. It traps families in a cycle of INTERNATIONAL DOLPHIN hopelessness and despairÐdestroying initia- CONSERVATION PROGRAM ACT Thursday, August 1, 1996 tive and responsibility. SPEECH OF Mrs. MALONEY. Mr. Speaker, yesterday The historic welfare reform bill we passed today is based upon the principle that welfare HON. FORTNEY PETE STARK Rep. HORN and I introduced the administration's bill on statistical confidentiality. This bill should not be a way of life and that we should OF CALIFORNIA is the culmination of years of work by both Re- promote work instead of welfare. It also recog- IN THE HOUSE OF REPRESENTATIVES nizes that we in Illinois are better able to help publican and Democratic administrations. The Wednesday, July 31, 1996 the poor without the interference of huge, in- Statistical Confidentiality Act is the foundation flexible, Washington bureaucracies. We need The House in Committee of the Whole for moving the Federal statistical system into a plan based upon Illinois values and Illinois House on the State of the Union had under the 21st century. consideration the bill (H.R. 2823) to amend needs, not on a Washington bureaucrat's reg- the Marine Mammal Protection Act of 1972 Two independent forces join to make this ulations. to support the International Dolphin Con- bill timelyÐbalancing the budget and the Na- Can any serious person argue that the fed- servation Program in the eastern tropical tional Performance Review. Federal spending eralization of poverty by Washington has Pacific Ocean, and for other purposes: on statistics has grown steadily over the last worked? The idea that just spending more and Mr. STARK. Mr. Chairman, When Congress two decades. Over the next 5 years that trend more money and handing people government considered NAFTA, this Congress received is likely to be reversed. At the same time, checks is the answer to poverty is a cruel the unqualified assurance from Ambassador there is a general belief that the Federal Gov- hoax on both the needs and the taxpayers Kantor that U.S. environmental laws and who are trying to help them. We have spent ernment should be smaller and less intrusive. standards would not be lowered if Congress This idea was given life in the Clinton adminis- $5.4 trillion dollars since Lyndon Johnson approved the agreement. tration through the National Performance Re- began the `War on Poverty.' Despite this enor- WellÐhere we areÐabout to do just that as view which has the goal to create a Govern- mous commitment by the American people, an we consider the Gilchrest bill and its changes amount greater than our entire national debt, to the ``Dolphin Safe'' label. ment that works better and costs less. It is the result has been more broken families, ex- After an outcry from Americans, many of clear that our statistical system must develop ploding illegitimacy, a drug epidemic that is them school children, U.S. tuna companies new ways of providing the information we destroying generations, rising crime rates and announced in 1990 that they would not buy need that are less expensive and less intru- schools that are war zones. By creating a cul- tuna caught while harming dolphins. The U.S. sive. ture of poverty, we have destroyed the very tuna fleets moved to the waters of the western At the same time the statistical system is people we have sought to help. Pacific nations where the tuna do not swim being asked to do more with less, it is criti- The welfare reform package provides $4.5 with the dolphins. The Dolphin Protection cized as no longer providing an accurate re- billion in increased child care funding which Consumer Information Act, 1990, codified that flection of our society or economy. Economic will enable parents to return to work, and at- tuna harvested with large scale nets is not statistics are routinely criticized because they tacks the unacceptable 50 percent illegitimacy ``Dolphin Safe.'' emphasize the manufacturing sector, and pay rate for families on welfare by strengthening H.R. 2823 lowers our labeling standards little attention to the service sector. The 1990 efforts to identify fathers and force them to and misleads the American consumers. It census was roundly criticized as a failure, and pay child support. would allow tuna to be labeled ``dolphin safe'' This legislation is an important acknowledg- even though it was caught with encirclement for some communities it was a disaster. In ment that the moral health of America is no techniques that we know killed and injured May the Wall Street Journal reported on a less important than its military or economic hundreds of thousands of dolphins before en- Kansas town that lost 84 percent of its popu- strength. We cannot have a healthy moral environmental laws and industry practices lation because of an error in the census. That vironment to raise children in our communities changed fishing techniques. error, acknowledged by the Census Bureau when 12-year-olds are having babies, 15-year- H.R. 2823 would allow tuna to be certified last year, will not be fixed until next year. olds are killing each other, 17-year-olds are ``dolphin safe'' merely if an observer didn't see More objective indicators also point to in- dying of AIDS, and 18-year-olds are graduat- any dolphins die. However, nothing in this bill creasing expense and declining quality. Sur- ing without diplomas. Our accomplishment would preclude severely injured dolphins to be vey response rates have declined steadily today helps restore the moral health of this dumped back into the sea to die. since the early 1980's making them more ex- great Nation. American children deserve ``dolphin safe'' pensive and less accurate. Nowhere is this Eighteen months ago, the new Republican labels that they can take at face valueÐone more evident than the decennial census, Congress set out to reform the destructive that means what it says. We have a labeling where every 1 percent of the public that does welfare system. We asked ourselves whether system that consumers requested and have not mail back the form costs an additional $25 we had the courage to tackle this difficult come to rely on. Altering the meaning of the million. issue and give our children hope, rather than label is nothing short of fraud perpetrated on an endless cycle of dependency. We knew we America's kids! While the statistical system is being asked would face a chorus of special interests who I urge you to support the Studds amend- to do more with less, and criticized for declin- benefittre the status quo and would accuse us ment which would protect the ``dolphin safe'' ing accuracy, it is also subject to greater scru- of being cruel and heartless. But we listened label. tiny than ever before. The 1990 census was August 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1453 notable, in part, because of the intense media journalism this week, I would like to take a CONFERENCE REPORT ON H.R. 3734, coverageÐmore intense than ever before. moment to reflect on the rich history of this PERSONAL RESPONSIBILITY AND Alan Greenspan, Chairman of the Federal Re- outstanding news operation. WORK OPPORTUNITY RECONCILI- serve, pushed the Consumer Price Index to ATION ACT OF 1996 The Milwaukee Community Journal was the front pages when he testified before Con- founded in 1976 to provide a voice for Milwau- gress that errors in that index were costing the SPEECH OF kee's rapidly expanding and influential African- Government billions. Last month on the Mall, HON. CONSTANCE A. MORELLA citizens demonstrated to get the Government American community. From its humble beginnings in an apartment complex on Port Wash- OF MARYLAND to change the way it measures race. IN THE HOUSE OF REPRESENTATIVES This confluence of social and political cur- ington Road with a tireless and dedicated staff rents pushes the Federal statistical agencies of six people, the Community Journal has Wednesday, July 31, 1996 to find new ways to measure our social and today grown into Wisconsin's largest circulated Mrs. MORELLA. Mr. Speaker, I rise in sup- economic indicators, as well as define new African-American newspaper. Today, the port of the Personal Responsibility and Work measures. In short, these agencies need to Community Journal's offices on Martin Luther Opportunity Act. find new ways of doing business. But to do so, King Drive have come to represent much In charting the course of welfare reform, we they need new tools. more than a news center. Indeed, it is a vital have come a long way since the introduction The administration's Statistical Confidential- nerve center of our community, where scores of welfare reform legislation in the 103d Con- ity bill provides the opportunity for agencies to of neighborhood revitalization efforts are initi- gress. The Congress passed a bill 16 months begin charting new ground. This bill provides ated. ago that would have hurt children, allowed the framework for the research and experi- States to abdicate their responsibility without During the past two decades, the Commu- mentation that will define the statistical system any maintenance of effort requirement, and nity Journal has highlighted and championed for the new millennium. cut funding for job training, child care, child The stated purpose of the bill is ``to provide many issues of critical importance to Milwau- nutrition, and work programs. I voted against uniform safeguards for the confidentiality of in- kee's Central City. From education reform, to the original House-passed bill because its cuts formation acquired for exclusively statistical economic development, to civil rights, the were too extreme. The bipartisan bill before us purposes, and to improve the efficiency of Community Journal is truly Milwaukee's voice today incorporates the improvements of the Federal statistical programs and the quality of of conscience. Furthermore, the paper plays a original conference report, the Governors' rec- Federal statistics by permitting limited sharing critical role in chronicling and preserving Mil- ommendations, and the most critical improve- of records for statistical purposes under strong waukee's rich legacy of African-American his- ments contained in the castle-tanner bill that I safeguards.'' tory and progress. helped to draft. For too long families have In short, this bill allows statistical agencies The Community Journal has received doz- been discouraged from working by our welfare to share information collected from the public ens of awards and accolades over the last 20 system. Unlike the original bill, the bill before us today will help welfare recipients and their to improve statistical measures. It also pro- years for its courageous reporting and com- children build a better future because recipi- vides strong safeguards that the privacy of mentary. Most recently, the paper won a Na- those individuals will be protected, and that ents will be working, equipped with the train- tional Newspaper Publishers Association the information, once drawn together, will be ing, and child care they need to be successful. award for publishing an extended magazine used only for statistics. I support welfare reform that moves recipi- This bill will enable agencies to redesign devoted to crime fighting in Milwaukee. Last ents from welfare to work and encourages surveys to incorporate administrative records year, the paper was honored with the pres- personal responsibility. This legislation does from other agencies. It will permit agencies to tigious A. Phillip Randolph Messenger Award that, allowing States to try new approaches develop joint surveys and share the resulting for its ongoing reporting on the educational re- that meet the needs of their recipients. States information. It will make the development of form movement in Milwaukee. are already experimenting with welfare reform. samples more accurate. Staying true to its name, the Community Forty States have waivers given by this ad- But not all of the advantages of this bill are Journal remains a strong voice of the people ministration, and the results are encouraging. speculative. Just this year we passed legisla- of the Central City. Through school partner- In giving leeway and dollars to States, how- tion transferring the authorization for the cen- ships, scholarships, and the sponsorship of ever, we must protect children. This legislation sus of agriculture from the Secretary of Com- educational campaigns, the Community Jour- does that by maintaining the current child wel- merce to the Secretary of Agriculture. The nal has introduced hundreds of Milwaukee stu- fare and foster care entitlement for children. major difficulty in writing that legislation was dents to the field of journalism. The paper also Previous versions of welfare reform had con- crafting language that would allow these two actively sponsors book give-aways to promote verted this critical safety net into a block grant, agencies to share information. If the Statistical reading among Milwaukee youth, and has and I strongly encouraged my colleagues to Confidentiality bill were law, that effort would been a main proponent of job creation in the retain the entitlement status of child protective not have been needed. Central City. services. This bill also contains kinship care The administration has put together a bill language modeled after legislation that I have that lays the foundation for developing new, Mikel Holt, editor of the paper, is one of Mil- introduced. This language insures that State less burdensome, and less expensive ways of waukee's most respected editors and social plans for foster care and adoption assistance developing statistical information. This bill, for commentators, and is one of the Nation's most protect families and use adult relatives as the the first time, begins to take a system-wide tenured African-American journalists. Mr. Holt preferred placement for children separated view of Federal statistics. I congratulate my is widely known to Milwaukee television view- from their parents when such relatives meet colleague Rep. HORN for introducing this bill, ers for his regular work on the WTMJ Tele- child protection standards. and I look forward to working with him to vision show ``Sunday Insight With Charles This legislation also includes the original make it law. Sykes''. He has also received many awards Women's caucus child support enforcement f and citations, including the National News- provisions. We will soon be able to finally paper Publishers Association Best Columnist crack down on deadbeat parents by enacting A TRIBUTE TO THE MILWAUKEE Award, which he has won twice. Mr. Holt's penalties with real teeth and establishing Fed- COMMUNITY JOURNAL regular column ``Signifyin' '' poignantly focuses eral registries to help track deadbeats. on the direction of Milwaukee's African-Amer- This legislation also maintains the link be- HON. THOMAS M. BARRETT ican community, and is one of the most popu- tween Medicaid and welfare. The children of OF WISCONSIN lar and provocative commentaries in the State any family eligible for AFDC as of July 1, IN THE HOUSE OF REPRESENTATIVES of Wisconsin. 1996, will remain eligible for Medicaid whether or not their family continues to receive welfare Thursday, August 1, 1996 Mr. Speaker, I wish Mikel Holt and the Mil- benefits, and States may also continue Medic- Mr. BARRETT of Wisconsin. Mr. Speaker, I waukee Community Journal continued suc- aid eligibility for parents who are no longer eli- pay tribute today to one of the most widely cess on this special anniversary. May the next gible for AFDC. This legislation also provides read and respected African-American news- 20 years be as productive and fruitful for this families with Medicaid coverage for a year papers in the United States. As the Milwaukee outstanding newspaper which has truly worked after they leave welfare for work. Community Journal celebrates 20 years of to make a difference in Milwaukee, the State This legislation does not convert child nutri- hard-hitting, thoughtful, and award-winning of Wisconsin, and the entire Nation. tion programs, the WIC Program, or the food E1454 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1996 stamp program into block grants to States, un- Mr. Speaker, I urge my colleagues to join should be a safety net in society. They also do like previous welfare legislation. Instead of re- me in honoring St. Anthony's Catholic Church not want this help to be wasted on outdated ducing the earned income tax credit as pre- for its 75 years of service to our community. formulas. This bill restores the promise of vious legislation did, this legislation incor- f hope for the families on welfare and the trust porates the administration's recommendations between taxpayers and the managers of our to expand it. TRIBUTE TO VINCENT L. JOHNSON, welfare program. I have actively urged my colleagues to in- ESQ. In the final analysis, it is clear Republican crease child care funding in welfare reform. leadership was necessary to finally tackle this Following up on a meeting with Department of HON. EDOLPHUS TOWNS problem. I am happy we were able to lead the Health and Human Services Secretary Donna OF NEW YORK President to reform instead of standing in the Shalala, I, along with members of the Con- IN THE HOUSE OF REPRESENTATIVES way. gressional Caucus for Women's Issues, sent a Thursday, August 1, 1996 f letter to the House leadership urging them to DRUG TESTING REDUCES CRIME provide States with more child care resources, Mr. TOWNS. Mr. Speaker, as a member of RATES to maintain the health and safety standards Brooklyn's legal community for over 30 years, set by States, and to give States the flexibility Vincent L. Johnson has consistently dem- to allow women with children under 6 to work onstrated his commitment to community serv- HON. JOSEPH P. KENNEDY II 20-hour workweeks. I am pleased that all of ice and justice. Upon receiving his B.A. in eco- OF MASSACHUSETTS these recommendations have been included in nomics from Brooklyn College, he enrolled in IN THE HOUSE OF REPRESENTATIVES this legislation. This bill directs $20 billion to St. John's School of Law where he quickly ex- Thursday, August 1, 1996 celled and obtained two degrees: an LLB and child care spending over the next 6 yearsÐan Mr. KENNEDY of Massachusetts. Mr. JD. Recognizing his vast skills and abilities, increase of $3.5 billion in child spending over Speaker, I want to inform my colleagues on a the Youthful Offender Bureau of the New York 6 years. These child care funds will allow legislative initiative which would assist in the Supreme Court hired him as an assistant dis- women to enter the work force and help effort to combat drug use and drug-related trict attorney [ADA] in 1961. As an ADA, he States to meet their work force participation crime. requirements. prosecuted a wide range of criminal cases Thanks to the hard work and assistance of I remain concerned about the food stamp amounting to approximately 100 per year. One Subcommittee Chairman HAL ROGERS, $32 cuts contained in this legislation. Last month, of the highlight's of his career was in 1968 million in funds are included in the House ver- I voted against the Kasich amendment that when he founded his own law firm, Laufer & sion of the fiscal year 1997 Commerce-Jus- added these cuts. I also worry about the re- Johnson. While in private practice, he has rep- tice-State appropriations measure to allow for strictive prohibitions on benefits for legal immi- resented clients in various legal matters and the establishment of drug testing programs for grants. As this legislation is enacted, I will served as an inspiration to young attorneys prisoners, parolees, and individuals on bail or carefully monitor the effects of these provi- following in his footsteps. probation. The bill provides $7 million to es- sions with the intent of remedying them legis- Further exemplifying his dedication to public tablish a Federal drug testing program in the latively if necessary. service, Mr. Johnson is actively involved in nu- Federal prison system and $25 million to es- Today's vote marks a historic opportunity to merous organizations including the Brooklyn tablish a competitive grant process to allow change our welfare system so that we move Bar Association, Kings County Bar Associa- local jurisdictions the ability to drug test indi- families into work while maintaining a safety tion, New York State Trial Lawyers Associa- viduals in the local prison system. net to protect our Nation's children. It also tion, Phi Alpha Legal Fraternity, the Brooklyn Although various efforts have been initiated marks the willingness of this legislative body NAACP, Bedford-Stuyvesant Lions Club, and to address drug use and abuse in the United to incorporate important changes, and I thank the Boys Welcome Hall. States, these efforts have not been completely my colleagues for incorporating many of the Mr. Johnson and his wife, Gertrude, have successful. Regardless of the billions and bil- changes I have requested. three lovely children, Vincent, Jr., Melissa, and lions of Federal and State funds dedicated to f DaSylveiria. It is my pleasure to recognize Mr. fighting an effective ``war on drugs,'' reality still Johnson and to introduce him to my col- dictates that a small percentage of heavy drug ST. ANTHONY’S CATHOLIC CHURCH leagues. users are responsible for most drug use and f most drug-related crime in the United States. HON. E. CLAY SHAW, JR. In spite of our efforts, the number of heavy OF FLORIDA CONFERENCE REPORT ON H.R. 3734, users has remained constant in recent years. IN THE HOUSE OF REPRESENTATIVES PERSONAL RESPONSIBILITY AND We can, and must, do better in the effort to WORK OPPORTUNITY RECONCILI- Thursday, August 1, 1996 fight drug use and abuse. ATION ACT OF 1996 Prof. Mark A. Kleiman, lecturer in Public Mr. SHAW. Mr. Speaker, I rise today to rec- Policy at the John F. Kennedy School of Gov- ognize the 75th anniversary of St. Anthony's SPEECH OF ernment at Harvard University, recently ana- Catholic Church, the first Catholic Church in HON. PAUL E. GILLMOR lyzed Federal and State criminal data and re- Broward County. The church was constructed OF OHIO ported that of the roughly 300 metric tons of of formidable gray stone hauled in from the IN THE HOUSE OF REPRESENTATIVES cocaine illegally consumed in the United quarries of northern Florida and was dedicated States every year, about 60 percent, or 180 Wednesday, July 31, 1996 in December 1921. There are 251 parishion- metric tons, is consumed by people under the ers at the time of construction and it was de- Mr. GILLMOR. Mr. Speaker, I am happy to jurisdiction of the criminal justice system, indi- cided that a school was needed. In 1926, St. vote for this conference report H.R. 3734 re- viduals who are either on bail, probation, or Anthony School became the first Catholic forming our Nation's outdated welfare system. parole. school in Broward County. The current welfare program has been the big- In 1991, the Federal Department of Justice Today there are more than 1,500 parishion- gest social and financial failure in the history developed and implemented a test pilot pro- ers and the current pastor, Father Timothy G. of the country. We are replacing it with a program in which the Federal court system would Hannon, ministers to his parish in the grand gram of hope and responsibility. require a drug test for those arrested while tradition of the past. It has been a joy for me It is a good thing we have Presidential elec- those released from jail or prison would be and my family to be parishioners and partake tions occasionally. The President, who is now asked to submit for a drug test. Drug testing of the sacraments and blessings available. My in an election, has said he will sign welfare re- and sanctions would force drug-involved of- children attended St. Anthony's School and form after vetoing it two times before. fenders to abstain from further illicit drug use both my daughters were married in the beauty Over the past 30 years more than $5 trillion or face the consequences. Those con- of the Church sanctuary. I know from personal has been spent on welfare. That figure is sequences would include no bail or probation. experience that our church has the longest more than the national debt. During that time In short, it is a ``carrot and stick'' approach to aisle in Fort Lauderdale. the poverty rate went up, not down. More chil- staying drug free. Members of the parish and the community dren are in poverty, more families have broken Currently 14 Federal judicial districts require are joining in 1996 to celebrate 75 years in up than before the current program was such drug testing, and in December 1995 Fort Lauderdale. We look forward to meeting adopted. President Clinton issued a directive to the At- again in 25 years to celebrate the 100th anni- The American people have consistently said torney General to `èstablish a program where- versary of our beautiful spiritual home. they believe in helping others and that there by federal prosecutors will seek appropriate August 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1455 measures for arrestees who fail pre-trial drug Whereas, the Congress of the United States nancy Reduction Act of 1996. This legislation tests'' and `èncourage States to adopt and im- has been committed to Big Brothers–Big Sis- is an important commitment on the part of plement the same policies .. .'' ters by providing needed funding and volun- Congress to give local communities the re- The Justice Department found that pre-trial teer support; and Whereas, Big Brothers–Big Sisters of Met- sources they need to operate effective teen- and post-trial drug testing in the criminal jus- ropolitan Chicago cannot adequately serve age pregnancy programs. tice system has ``the potential for far-reaching the needs of children without significant More specifically, the bill authorizes $10.5 impact as a demand-reduction program, a support from individual donors, philan- million in total over 3 yearsÐfiscal year 1997 supply reduction program (because it removes thropic organizations and the business com- thru fiscal year 1999Ðfor HHS to conduct a some retail dealers), and a crime-control pro- munity; and study of effective teen pregnancy prevention gram.'' This initiative in turn affects both prop- Whereas, the Big Brothers–Big Sisters Pro- programs, with an emphasis on determining erty crime by users, and violence that is relat- Celebrity Golf Classic is an important source the factors contributing to the effectiveness of ed to the drug traffickers by shrinking volume. of funding for the agency having raised over the programs, and methods for replicating the $250,000 for the agency over the past five (5) Advocates of this initiative assert that using programs in other locations. years and is exclusively supported by gener- It also authorizes the creation of an informa- the criminal justice system to reduce drug de- ous donations from individual donors and mand will accomplish more than any other corporations: tion clearinghouse to collect, maintain, and level of drug law enforcement to break up Now, Therefore, the Congress of the United disseminate information on prevention pro- open drug markets: a national program could States, do hereby proclaim August 19, 1996, grams; to develop networks of prevention pro- reasonably be expected to reduce effective to be Big Brothers–Big Sisters of Metropoli- grams; to provide technical assistance and to cocaine and heroin demand by 40 percent. tan Chicago Day, and urge all citizens to rec- encourage public media campaigns regarding Reduced demand means less revenue for ognize this organization for the many con- pregnancy in teenagers. tributions it has made to provide services to Finally, it authorizes $10 million in total over drug dealers, which in turn means fewer guns, needy children. fewer shootings, less distribution of neighbor- 3 yearsÐfiscal year 2000 thru fiscal year Dated this 24th day of July 1996. 2003Ðfor one-time incentive grants for pro- hood life, and fewer kids lured out of school or f legitimate work into the flashy, but eventually grams which are found to be effective under disastrous, life of retail drug selling. Thus, this ARDSLEY FIRE DEPARTMENT, HHS's study described earlier, to assist them legislation would benefit all aspects of the CENTENNIAL CELEBRATION with the expenses of operating the program. community. Helping our communities prevent teenage In the 1997 budget request, the Clinton ad- pregnancy is an important mission. The United HON. BENJAMIN A. GILMAN States has the highest teenage birth rate of in- ministration is requesting $42 million in grants OF NEW YORK to States to give drug tests to individuals in dustrialized countries, which has far reaching IN THE HOUSE OF REPRESENTATIVES the criminal justice system. This initiative is consequences for our Nation's teenager moth- modeled after the successful federal program. Thursday, August 1, 1996 ers and their children. Unmarried teenagers who become pregnant I support the funds currently in the Com- Mr. GILMAN. Mr. Speaker, it gives me great face severe emotional, physical, and financial merce-Justice-State appropriations measure, pleasure to recognize the Ardsley Fire Depart- difficulties. The children born to unmarried and I intend to work with may colleagues to ment of the Village of Ardsley, NY, on the oc- teenagers will struggle to fulfill the promise ensure that these funds are included in the casion of its centennial celebration. given to all human life, and many of them sim- final House-Senate conference agreement. The Ardsley Hose Company No. 1 was offi- ply will not succeed. Many of them will remain f cially organized on January 25, 1896, eleven trapped in a cycle of poverty, and unfortu- days after the Village of Ardsley was incor- BIG BROTHERS–BIG SISTERS OF nately may become part of our criminal justice porated. The organization of the Fire Depart- METROPOLITAN CHICAGO system. ment was a motivating force behind the incep- How bad is the problem? In 1960, 15 per- tion of the village. Since this time, the Fire De- cent of teen births were out of wedlock. In HON. RAY LaHOOD partment has grown tremendously. In 1952, 1970, 30 percent of teen births were out of OF ILLINOIS the Ardsley Hose Company No. 1 became wedlock. In 1980, 48 percent of teen births IN THE HOUSE OF REPRESENTATIVES Ardsley Engine Company No. 1 with full de- were out of wedlock. In 1990, 68 percent of Thursday, August 1, 1996 partment status in the New York State Fire teen births were out of wedlock. In 1993, 72 Mr. LAHOOD. Mr. Speaker, I rise today to Service. However, despite its growth, it has re- percent of all teen births were out of wedlock. acknowledge and commend the Big Brothers± mained a focal point in the Village of Ardsley. Why do we care about this? For the simple Big Sisters of Metropolitan Chicago. This orga- The Ardsley Fire Department has a tremen- reason that beyond the statistics, this trend nization is one of the most important charities dous history of dedicated service to its com- has devastating consequences for the young serving the children of Chicago. munity. Today's members are made up of women who became unwed teen parents, and Congress has long been committed to Big people from all occupations such as plumbers, for the children born to them. Brothers±Big Sisters by providing needed carpenters, mechanics, career firefighters, A recently released report, Kids Having funding and volunteer support. This support dentists, and lawyers. These men and women Kids, by the Robin Hood Foundation quantified has been essential to the organization be- dedicate their lives to the protection of their some of these consequences. Compared to cause Big Brothers±Big Sisters relies on sig- neighbors. Through their efforts, they make those who delay childbearing until they are 20 nificant support from individual donors, philan- their community a better, safer place. or 21, adolescent mothers: Spend 57 percent thropic organizations and the business com- Mr. Speaker, for the past century, the more time as single parents in their first 13 munity. Ardsley Fire Department has been an integral years; are 50 percent more likely to depend One important source of funding for the or- part of the Village of Ardsley. I commend and on welfare; are 50 percent less likely to com- ganization has been the Big Brothers±Big Sis- thank them for their selfless acts and steadfast plete high school; and are 24 percent more ters Pro-Celebrity Golf Classic. This golf tour- commitment to the citizens of Ardsley. I am likely to have more children. nament has raised over $250,000 over the grateful that I have this opportunity to honor Children of adolescentsÐcompared to chil- past 5 years and is exclusively supported by the Ardsley Fire Department on the occasion dren of 20 and 21 year oldsÐare more likely generous donations from individual donors of their centennial celebration. to be born prematurely and 50 percent likely 1 and corporations. f to be low-birth weight babies or less than 5 ¤2 I, therefore, ask that August 19, 1996 be poundsÐmeaning an increased likelihood of INTRODUCTION OF THE TEENAGE proclaimed as the Big Brothers±Big Sisters of infant death, mental retardation, or illness, PREGNANCY REDUCTION ACT OF Metropolitan Chicago Day, and I urge all citi- dyslexia, hyperactivity, among others. 1996 zens to recognize this organization for the However can we make a difference? By many contributions it has made to provide working in partnership with communities. At services to needy children. HON. MICHAEL N. CASTLE the national level, we need to take a clear stand against teenage pregnancy and foster a CONGRESS OF THE UNITED STATES— OF DELAWARE PROCLAMATION IN THE HOUSE OF REPRESENTATIVES national discussionÐinvolving national leaders, respected organizations, the media, and Whereas, the Big Brothers–Big Sisters of Thursday, August 1, 1996 Metropolitan Chicago is one of the most im- States about how religion, culture, and public portant charities serving the children of Chi- Mr. CASTLE. Mr. Speaker, I am pleased to values influence both teen pregnancy and re- cago; and be an original cosponsor of the Teenage Preg- sponses to it. The Congressional Advisory E1456 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1996 Committee to the National Campaign to Pre- In closing, Mr. Speaker, I would like to con- is an 18-year-old who recently graduated from vent Teen Pregnancy, which consists of 24 gratulate Queens Borough Public Library on Ipswich High School in Massachusetts. Aside committed Members of the House and which its 100th anniversary, and applaud its continu- from being an accomplished musician, Chris I co-chair with Congresswoman Lowey, will ing effort to serve the Queens Borough. was one of just 54 students chosen among pay an active role in this discussion. I will in- f 116,000 who participated in a contest spon- clude for the record a list of the Members of sored by the Veterans of Foreign Wars and its the congressional committee. SUPPORTING A RESOLUTION OF Ladies Auxiliary. Chris's speech expresses Members of the Congressional Advisory THE CRISIS IN KOSOVA just how fortunate we are to be Americans. Panel to the National Campaign To Reduce The contest theme this year was `Ànswer- SPEECH OF Teenage Pregnancy are: THOMAS M. BARRETT, ing America's Call.'' Mr. Barletta's speech MICHAEL N. CASTLE, Co-Chair; EVA M. CLAY- HON. DAVID E. BONIOR touched upon such topics as the Normandy in- TON, Vice Chair; RICHARD J. DURBIN, JAMES C. OF MICHIGAN vasion, victory parades for the fighting men GREENWOOD, W.G. HEFNER, STEPHEN HORN, IN THE HOUSE OF REPRESENTATIVES and women across the country, and the will- SHEILA JACKSON-LEE, NANCY L. JOHNSON, Vice ingness of people to help their country any Monday, July 29, 1996 Chair; JIM KOLBE, JAMES A. LEACH, JOHN way they could. In short, he outlined ways LEWIS, NITA M. LOWEY, Co-chair; SUSAN MOL- Mr. BONIOR. Mr. Speaker, I am proud to people were proud of the America they called INARI, JAMES P. MORAN, CONSTANCE A. rise in support of this resolution recognizing home, they were proud to be Americans. MORELLA, JOHN EDWARD PORTER, DEBORAH the rights of the people of Kosova. We in Congress need to remember that PRYCE, TIM ROEMER, PETER G. TORKILDSEN, We all heard about the ethnic cleansing, the most of what makes America great does not LUCILLE ROYBAL-ALLARD, CHRISTOPHER SHAYS, human rights abuses, and the violence in come from Washington. America's greatness KAREN L. THURMAN, and EDOLPHUS TOWNS. Bosnia over the past 5 years. The images on resides in the cities, towns, churches, At the local level, communities need to de- television and the horrific stories written in our synagoges, community organizations, and velop programs targeted to the characteristics, papers led many of us to say, ``Stop the kill- most importantly the citizens across the coun- needs, and values of its families. Communities ing!'' try. It resides in the work and dedication of know what their needs are and what will be Now there is a peace agreement in place, Americans like Christopher Barletta. Mr. most effective with their teenagers, so it is crit- and we are working with others in the inter- Speaker, I applaud what this young man wrote ical that they design and implement the pro- national community to restore the faith and and request that it be entered into the CON- grams, not the federal government. This legis- trust of the Bosnian people in each other, in GRESSIONAL RECORD. lation will assist efforts of communities, and I their leaders, and in their communities. But ANSWERING AMERICA’S CALL hope that my colleagues will join me as a co- what many people may still not know is that (By Christopher Barletta) sponsor. there is another troubled region in the former Our goal to reduce teen pregnancy is chal- A little while back I found myself rum- Yugoslavia. It is a place called Kosova. And maging through an old cedar chest that my lenging and difficult. But if we work together until the situation in Kosova improves, we will family keeps tucked away in our basement. we can make a difference. never have a lasting peace in the Balkans. The chest is an heirloom that has been f Mr. Speaker, America can't turn its back on passed down from generation to generation the people of Kosova any longer. The people but there are things added to it constantly, CONGRATULATING QUEENS ‘‘new memories’’ if you will. During my BOROUGH PUBLIC LIBRARY of Kosova have witnessed human rights abuses by Serbian authorities. They have search I came across some remarkable been the victims of a systematic attempt to things: some black and white photographs of HON. NITA M. LOWEY relatives that I never had the good fortune of shut down their culture and their economy. But meeting. Some sheet music written by my OF NEW YORK the people of Kosova are standing strong IN THE HOUSE OF REPRESENTATIVES uncle and friend Irving Berlin and a baseball todayÐand we must stand with them. We signed by the 1954 Boston Red Sox: but the Thursday, August 1, 1996 should not lift the remaining sanctions against one thing that I came across that I cherished Mrs. LOWEY. Mr. Speaker, this summer an Serbia until the situation in Kosova improves. the most and took an interest in was my important anniversary is being celebrated in Mr. Speaker, that is what this resolution grandfather’s army jacket from his service my district, one that is a vital part of the Amer- calls for. It also calls on Serbia to restore in World War II. It was green with three gold human rights in Kosova, to allow the elected buttons up the front and had some sort of ican experience. triangular design on the left sleeve. I tried it The Queens Borough Public Library has Government of Kosova to meet, to allow peo- on only to discover that it was much too now served the residents of Queens for 100 ple who lost their jobs to be reinstated and to large for me, so I placed the moth-ball-scent- years. During that time, millions of people reopen the education system. Above all, it ed jacket back into the chest. have walked its halls seeking knowledge and states that the free will of the people of I then started to see visions that are famil- self improvement. Students have found help Kosova must be respected. iar to all of us: the Normandy invasion, pa- with their homework, researched information Mr. Speaker, passing this resolution will put rades for the victorious American fighting for school reports, and read the classic lit- Congress on record as supporting the rights of man and hundreds of proud Americans wav- erature of the world. Newly arrived immigrants the people of Kosova. ing their country’s flag. People were proud of the America they called home. Men were have learned the basics of U.S. citizenship, America is the strongest democracy in the willing to flight for her beliefs, while women improved their English and received assist- world. went to work in shops and plants, supplying ance in finding a good job. Families that have We have an obligation to stand up for our armed forces with the tools they needed been in America for generations have used it human rights. We can do that by passing this to win battles in Europe and the South Pa- to trace their roots. resolution in support of the rights of the people cific. Today, however, things have changed: What is more American than the public li- of Kosova. attitudes have warped and pride is gone. Are brary? Public libraries like Queens Borough f people willing to go to war without being give people a chance to learn and to become drafted? Are men and women willing to do contributing citizens. Such opportunities have ANSWERING AMERICA’S CALL manual labor in factories to supply our De- fense Department? Would we win World War nurtured the leaders that have made America II again if it were to happen tomorrow? If the great nation that it is today. HON. PETER G. TORKILDSEN America were to call for our assistance, our Today, the Queens Library is the backbone OF MASSACHUSETTS sacrifice, how would we answer her call? of the community, offering 18,000 programs to IN THE HOUSE OF REPRESENTATIVES Would we answer her call at all? Are we even Queens residents free of charge. Most of the listening? Thursday, August 1, 1996 nearly 2 million borough residents live within The point is that these questions didn’t walking distance of a Queens Library branch. Mr. TORKILDSEN. Mr. Speaker, I rise to- exist during the 1940’s. People understood Libraries are more important now than ever. night to enter into the CONGRESSIONAL RECORD their role in being an American. It was un- Increasingly they serve as on-ramps to the in- a speech made by an outstanding young man derstood that men would fight for their country, their families, and their way of life. formation superhighway for those who cannot from Massachusetts, one who reminded me An American’s work was a priority. People afford computers of their own. The Queens just how important it is to remember who knew what they were expected to do as Borough Public Library ensures that the edu- made this country what it is today, the great- Americans—and did it. Too many Americans cational opportunities offered on the Internet est country in the world. The son of Arthur and today are lazy. They have forgotten their are available to all the residents in my district. Susan Silbert of Ipswich, Christopher Barletta role, their purpose, and their way of life. August 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1457 They no longer put pride into the watch or nomically thriving country—through pa- Chong-Chol shocked citizens and the popular car that they help create, the way they used tience, perseverance, and hard work. anti-government movement started to ex- to. They no longer appreciate the privilege of From ancient times, we have been called pand. voting, or bother to exercise it. the white-clad people for our love of purity On April 13, 1987, President Chun refused to They don’t even show respect to other peo- and justice, symbolized by Koreans’ tradi- accept a direct presidential election to ple. As President Jimmy Carter said, ‘‘Amer- tional white clothing. Korea is a small na- choose his successor. In May, as a member of ica is suffering from a sickness of spirit.’’ All tion in terms of its territory. But it is not the executive committee of the Citizens my grandfather does now is complain about small in terms of its aspirations. We have Movement for a Democratic Constitution, I how the country is going downhill, and how achieved miraculous economic growth and participated in a peaceful march that drew the poverty level is out of control. He’s a established a democratic government the enthusiastic support of people across the good man, but he is one of America’s prob- through fair elections in a short period of nation. lems, along with the 250 million other Amer- time. We are optimistic about our future. We The ruling party’s presidential candidates, icans who love to complain but do nothing to will probably be able to join the ranks of ad- Roh Tae-Woo, had to issue his so-called July solve the problems they complain about. As vanced countries in the first part of the next 29 declaration, accommodating the people’s Edmund Burke said, ‘‘The only thing nec- century, thereby allowing us to play a more demand for a direct presidential election and essary for the triumph of evil is for good men important role in the international commu- other democratization measures. to do nothing.’’ It is time for each and every nity for the promotion of world peace, free- In ten years, even the rivers and mountains will change, according to an old Korean one of us to start answering America’s call. dom, justice and prosperity. The answer is as simple as respect, gener- Our successful journey on the path toward saying. We are witnessing tremendous changes in my country these days. Two osity, and pride. Each one of us has the heart economic prosperity and political freedom former presidents of Korea are in custody to volunteer some of our time to helping could not, by any means, be described as pending their trials on various criminal someone else. I don’t mean something as smooth. We endured hardship for 36 years charges. On the other hand, Kim Keun-Tae is monumental as taking someone in to live in under Japanese colonial rule. The nation was a vice president of the major opposition our homes, or even giving them money. Let’s in chaos and the national economy was com- party and one of his old friends who attended start small, but let’s start now. I mean, let’s pletely devastated as a result of the Korean his trial is now the spokesman for the ruling say hello to people on the street. I know how War. party. good a hello makes me feel. Let’s look Thanks to the sacrifices of our allies, we How we evaluate the present political situ- around and notice each other, let’s respect were able to fend off communist aggression ation in the Republic of Korea, including the our fellow Americans for who they are and and achieve peace, however fragile it may be. human rights situation and the national se- let’s accept our differences. Let’s enjoy each Thanks to the support of our allies and curity situation, is by no means a simple other. Let’s celebrate our diversity. friends, we were able to overcome the devas- issue. It is rather complicated. I will, how- And let’s do things right the first time in- tation of the tragic war, rebuild the nation ever, pick out a few important issues and try stead of letting the next person do them. and its economy, achieve freedom and estab- to present an objective view of the current Let’s take pride in ourselves, our fellow lish a democratic government. situation in Korea. I believe that there is a Americans, and all the men and women who The road leading to freedom and democ- consensus that the human rights situation in fought so that we could have what we do racy in Korea has been bumpy. We were the Republic of Korea has improved signifi- today: the freedom to choose. America is under the rule of military governments for cantly. still the land of opportunity, and we are still almost 30 years from 1961 through 1992. There There could be some isolated human rights entitled to pursue our own happiness. Let’s is no denying that many human rights viola- violations which are not uncommon even in not take what we have for granted by only tions occurred during this period. the most developed countries. At present I doing what we have to do. We can help every II. HUMAN RIGHTS IN THE REPUBLIC OF KOREA am really concerned about violent dem- American learn to respect the country we On September 26, 1985, I met Mr. Kim onstrations, the irresponsibility of the press call home enough to assume a fair share of Keun-Tae at the prosecutor’s office. Mr. Kim and citizen’s lack of a sense of duty. responsibility for her well-being. When each was in custody for investigation of his al- The National Security Law of the Republic of us answers America’s call, we ensure not leged anti-government activities. He re- of Korea has been the focus of the attention only our own freedom, but the continued vealed that he was tortured with electric of the U.S. Government. I proposed the re- freedom of generations to come. Let us do all peal of the National Security Law and sug- shocks and water-torture and showed me the that is necessary now, so that one day when gested that the government include its rel- wounds on the back of his foot. I was deeply my curious grandson feels like browsing evant articles in the criminal code when I distressed for three days after seeing his through a cedar chest in his family’s base- submitted my opinion on the revision of wounds. I decided to follow my conscience ment, he won’t need to question what has criminal law in Jan. 1985. I also proposed the and submit an unprecedented application for happened. He will be free to experience a replacement of the National Security Law a court order to preserve evidence of Mr. simple surge of pride and respect for himself, with the Protection of Democratic Order Kim’s wounds. his family, and his country—and he will nat- Law when I was a national policy adviser to The revelation of Mr. Kim’s torture was a urally understand and undertake his duty to Kim Young-sam, the then presidential can- very strong challenge to the powerful Chun America. didate of the opposition party. Doo-Whan government. As a result of my ac- f However, I completely changed my mind tion, the judge had to provide Mr. Kim an op- after cautiously watching the advent of the THE HUMAN RIGHTS SITUATION IN portunity to make a detailed statement so-called ‘‘Mass Revolution’’ movement about his suffering caused by the torture KOREA since 1989. Korea is the only country in the during the investigation. world which is divided into two opposing ide- Mr. Kim’s 40-minute-long statement ological camps: the democratic and free Re- HON. CHRISTOPHER H. SMITH shocked the courtroom audience and the public of Korea and the communist North OF NEW JERSEY press, which somehow managed to report Korea. North Korea has tried to overthrow parts of Mr. Kim’s testimony. IN THE HOUSE OF REPRESENTATIVES the government of the Republic of Korea As a consequence, the telephones in my ever since its establishment. We should not Thursday, August 1, 1996 law office and my residence were tapped and forget that North Korea’s military forces are Mr. SMITH of New Jersey. Mr. Speaker, the government auditors began an investigation heavily concentrated along the Demili- of my tax returns. tarized Zone, about 30 miles from Seoul. It Subcommittee on International Operations and However, I prevailed in a lawsuit against Human Rights, which I chair, was briefed by will take only six minutes for North Korea’s the policemen who tortured Mr. Kim and in fighter planes to reach Seoul. These fighter Kim Sang-Chul, chairman of the Korea Amer- a suit demanding compensation for the dam- planes were relocated closer to the DMZ last ican Friendship Society. I am inserting his age he suffered. October. comprehensive statement in the RECORD for On July 5, 1986, as one of the lawyers of a A North Korean agent, Kim Tong-shick, the information of my colleagues: nine-member legal team, I filed a lawsuit was arrested after a gun fight when he was against the police officers responsible for the REMARKS BY KIM SANG-CHUL, CHAIRMAN, discovered by South Korean police last Octo- sexual torture of Kwon In-Sook, a female KOREA AMERICA FRIENDSHIP SOCIETY ber. He was heavily armed. He confirmed college student. that besides his most recent infiltration he Honorable Chairman, and members: I wish I remember delivering to Ms. Kwon a se- was sent to the Republic of Korea five years to thank you for inviting me here to speak cret letter from Cardinal Kim Su-Whan, in ago, when he crossed the border to North on the human rights situation in Korea. which he encouraged her in her time of dis- Korea with a high-ranking North Korean fe- I. INTRODUCTORY REMARKS tress and agony. male agent who operated in the south for 12 Korea has a checkered history. It has expe- The exposure of the sexual torture incident years since 1980, and newly recruited labor rienced numerous foreign invasions through- created a backlash against police brutality movement leaders in the South. out its 5000-year history. However, it has and the immorality of the government. On He made contacts with Ham Wun-Kyung, managed to keep its independence and its Jan. 14, 1987, another case of torture by the who led a violent demonstration and sit-in at people have made the country what it is police resulted in the death of a Seoul Na- the USIA in Seoul, and other student activ- today—a democratic, independent and eco- tional University student. The death of Pak ists. Kim revealed his identity and discussed E1458 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1996 cooperation with the activists for the ‘‘revo- compromising stance toward the separated chemical weapons are a great threat to the lution’’ in the South. Just a few of them re- family issue. Ten million separated families national security of the Republic of Korea. ported his identity to the authorities. do not know their relatives’ whereabouts and North Koreans live in fear and dire pov- It is quite natural and necessary for a na- there is no channel of communication be- erty, struggling to survive. They have lost tion to equip itself with the legal devices to tween them whatsoever. the respect for the dignity of the human safeguard its national security in the face of The Korean government has repeatedly being, and are indoctrinated to hate out- a threat to its survival through espionage proposed to North Korea measures to facili- siders, especially the so-called American im- activities and the resultant chaos. Germany tate reunions of and communication between perialists and their puppets. deals with such violations through its penal the separated families but to no avail. It is Let me give you some examples. Without code but Korea handles anti-state activities tragic not to have your own family with permission, North Koreans are not allowed with the National Security Law. whom to share happiness and sorrow. My to change their residence or to travel. As a There have been some criticisms of the family is one of the separated families. My result, North Koreans who have visited law’s interpretation and applications. How- father was longing to hear something about Pyongyang, the capital city, constitute only ever, the repeal of the law will create a legal his father and uncles. But he died last Au- 5% of the population. 45% of the North Ko- vacuum for the regulation of illegal activi- gust without his wishes being fulfilled. rean territory, including military bases and ties short of sedition or attempted overthrow III. HUMAN RIGHTS IN NORTH KOREA seashores, is off limits to civilians. They can of the government. And the previous Na- not write letters and can not freely talk on tional Security Law violators should be par- Now I would like to take a look at the sta- the phone even with their friends and rel- doned. tus of the human rights situation in North atives in North Korea. They have no free ac- Second, according to the labor laws of the Korea. cess to television, radio, or newspapers other The death of Kim II-Sung did not change Republic of Korea, the formation of a union than political propaganda. is prohibited for public servants and school anything in North Korea. North Korea con- There are more tragic stories. It has be- teachers and only one union is allowed in tinues to be a closed society, isolated from come known that there are 50,000 residents one work place. The freedom to organize a the international community. in a concentration camp called ‘‘Camp 15’’ labor union, stipulated in the international North Korea maintains the same dictato- located in Yuduck Kun, South Hamkyung Labor Organization provisions, could be in rial communist regime under the same province. People are thrown into the camp direct conflict with Korean labor laws. ‘‘juche’’ ideology and the obsessive cult of without a judicial trial. In the camp, there is A traditional labor union concept is based personality. Politically, the North Korean believed to be a ‘‘completely restricted zone’’ on the assumption that antagonism and con- people are living in an extensive gulag. Eco- from which no one can get out once they flict between labor and management are in- nomically, they are plagued by low produc- have been sent into it. This has been known evitable. In the case of public servants, the tivity, a shortage of food, a shortage of en- to the outside world through the statements management is the people of the nation, and ergy and foreign currency, and its economy of Mr. Ahn Hyeok and Mr. Kang Chul-Whan in the case of school teachers, the manage- has registered negative economic growth for who escaped from the camp in March 1992 ment is the people or nonprofit public orga- quite some time. While having to tighten its and defected to South Korea through China. nizations. closed-door policy to maintain the present People in the camp are treated as ‘‘less than From Korea’s traditional ethical point of political structure, its economic problems animals,’’ suffer forced labor, live in dire view, their relationship should not be that of can not be solved without opening its doors, poverty, and are exposed to various diseases. antagonism but that of service to the public structural adjustment, and economic reform. It has been reported that 200,000 people, or cause. In particular, school teachers are not In addition, the complete blockade of infor- 1% of the total 20 million people of North treated as labor in our society. They are re- mation and criticism is destroying any Korea are confined in the inhumane deten- spected for their service and their mission to human rights initiatives in North Korea. tion camps throughout North Korea. teach our youths. The Korean labor laws North Korea’s military buildup has contin- It has been reported that the North Korean containing the prohibition against unions for ued, which is incomprehensible to anyone of government deported the handicapped and school teachers and public servants are over- sound judgement. It has consistently carried their families from the cities of Pyongyang, whelmingly supported in Korea. out espionage activities to disrupt the Re- Nampo, Gaesong, Chungjin where foreigners It is debatable whether allowing multiple public of Korea. In the latter part of this frequent, to remote areas. It has also been unions is a basic factor for free unionism. In year, they dispatched two teams of armed reported that there has been a nationwide addition, multiple unions will further com- agents to the South. campaign to ‘‘dry out the seeds’’ of dwarfs, plicate things and cause more frequent labor Their ‘‘Reunification Through Revolution’’ that is, prevent the births of babies with disputes and antagonism, and therefore, it is policy is a combined strategy of underground such birth defects. construed to be not more than a demand by sabotage and a full-scale attack. Their war There was the case of a North Korean who labor activists and failed to get wide support strategy is first to make an all-out smuggled in a large quantity of heroin and in Korea. bliztkrieg in the front and rear simulta- was found to be a staff member of the Social Essentially, freedom should be guaranteed neously and end the war before U.S. rein- Security Department of the government of by all means. The concept of fundamental so- forcements arrive on the battlefield. North Korea. This happened near Vladivos- cial rights and their application varies ac- It is believed that North Korea’s extensive tok, Russia in June 1994. This shows the very cording to a nation’s culture, characteristics stockpiling of weapons testifies to their will- nature of the collective leadership in North and its composition. What really matters is ingness to go to war. There seems to be a Korea. not the difference in the system itself but a consensus within North Korea that the lib- At the time North Korea was receiving nation’s willingness to accept the fundamen- eration of South Korea should be the ulti- 150,000 tons of rice free-of-charge from South tal principle of human rights. I dare say that mate policy goal of the government and the Korea, it captured the ‘‘Woosungyho’’, a the Republic of Korea is one of these coun- only way to end its poverty and its hopeless South Korean fishing vessel, which was a tries. economic reality. drifting because of engine failure. The North Third, let us turn our attention to the Whenever I hear something about the sta- Koreans killed 2 members of the crew and anti-establishment activists in Korea. It is a tus of human rights in North Korea, it sends still refuse to return the other fishermen on fact that there were some followers of the so- a shiver down my spine. board the ship. North Korea also refuses to cialist’s line of armed revolution and North I think it can be safely said that there are return Reverend Ahn Seung Woon, who was Korea’s communist juche ideology hidden no human rights in North Korea. There is kidnapped to the North. As of now the total among those who proudly fought for freedom certainly no freedom of speech, no freedom number of people kidnapped by the North and democracy under the dictatorial mili- of the press, no freedom of assembly, no free- has reached 400. tary governments. dom of religion. The people of North Korea There are 42,000 churches with 10 million Distinguishing between these two groups can not select their own jobs, nor can they Protestant Christians and 3 million Catho- of people was not an easy matter then. But, decide for themselves where to live. lics in the South but in the North, only 2 as Korea advances toward political maturity, ‘‘The Ten Fundamental Principles Con- Protestant churches and 1 Catholic church it became easier to identify their true colors. cerning the Solid Establishment of Juche exist and these are for exhibition purposes. The anti-establishment activists deny the le- Ideology’’ proclaimed in 1974 is, in fact, What more would we need to explain? gitimacy of the Korean government, ignore above the constitutional law as well as the There are no human rights for North Kore- law and order, and use violence to achieve criminal codes in North Korea. Article 3, sec- ans. They are treated as slaves, or no better their objectives. They should not be treated tion 9 stipulates that the ‘‘Great Leader’s’’ than disposable resources. as conscientious activists who work within and the ‘‘Dear Leader’s’’ instructions and the The North Korean leaders are nothing but the system. Labor Party’s policies should be imple- a collective group which uses violence as its Fourth, I wish to briefly mention the sepa- mented without fail. No compromise is al- main weapon. They rule through suppres- rated family issue as a human rights issue. lowed. sion, violence and punishment with little re- As Dr. Albert Schweitzer once said, the free- Even minor violations will result in death gard for human dignity. dom to visit or live in one’s hometown is one or incarceration of the violators and his fam- As you all know there have been innumer- of the fundamental human rights. This very ily in the gulag. able cases of human rights violations in human right is grossly violated in Korea be- North Korea’s obvious intention of manu- North Korea and I have presented just a few. cause of North Korea’s inhumane and un- facturing nuclear arms and its possession of Any diplomatic relationship with North August 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1459 Korea and any promise for economic aid poor and hungry; they opened their market cated his life to uplifting and empowering his would mean extending support to a violent for Korean products. community. and inhumane regime which has no respect The Korea-America Friendship Society was for human rights. If we are to avoid the inad- established in 1991 when anti-US sentiment Most notably, in the 1950's, Mr. Bowman vertent support for a dictatorial regime, we was at its highest to remind Korean citizens founded the Barbershop Owners Association should be alert. Improvement of the human of who are our enemies and who are our while owning and operating three barber- rights situation in North Korea has to be a friends, and to help contribute to strength- shops. In 1961, after moving to east New prerequisite to the normalization of diplo- ening relations between the two countries. York, he was instrumental in organizing nu- The United States has made enormous con- matic relations. Such improvements must merous community-based initiatives. Some of include freedom of religion and communica- tributions to the protection of freedom, the tion among the separated families. expansion of human rights, a free market, his key roles, to name a few, arising from IV. CONCLUDING REMARKS and open societies throughout the world. I such initiatives include: president, Council for Ladies and gentlemen! believe these beautiful American traditions a Better East New York; chairman, Community The North Korean leaders are manipulat- will be passed on to future generations. Redemption Foundation; treasurer, Citywide ing the negotiation process to create a Because I am well aware of the importance Council Against Poverty; director, United breach between South Korea and the United of this opportunity given to me, I have tried Negro and Puerto Rican Front; chairman, East States. Cleverly taking advantage of Korean my best to make a presentation as objec- New York Manpower; chairman, East New tively as I can. people’s love for peace by threatening a ‘‘sea York Non-Profit Housing; executive director, of fire’’, they are attempting to get what I sincerely request you to be cautious observers of the real situation on the Korean East New York Community Corporation; and they want without any intention of improv- chairman, Jerome Street Block Association. In ing relations between the two Koreas. peninsula, and offer your wise judgments on ‘‘The Korean peninsula is threatened by what the United States should do for peace, addition, for over 30 years, he has been an war’’ is not simply rhetoric but a reality. Es- freedom justice and prosperity for the world active participant in various New York City po- pecially if there is an unstable political situ- as well as the Korean peninsula. litical organizations that have produced elec- ation in the Republic of Korea any sign of Thank you very much. toral success. While participating in these ac- weakness in the Korea-U.S. security ties f tivities, Mr. Bowman has managed to earn might encourage North Korea to launch a TRIBUTE TO HARDING N. BROWN certificates and degrees from Goddard Col- war. lege, Pratt Institute, Staten Island Community Korea is a country with optimism and vision. Korea will overcome any adversities HON. EDOLPHUS TOWNS College, and the New York Training Institute. and suffering. Korea will not forget its debt OF NEW YORK Married to Phyllis Bowman for 44 years, he to its friends and allies. IN THE HOUSE OF REPRESENTATIVES is a father of seven, a grandfather, and a Our nation is greatly indebted to the Unit- great-grandfather. At age 75 Harding Bowman ed States in our march toward political free- Thursday, August 1, 1996 dom, economic development and peace on continues to help the community by staying the Korean peninsula. The people of the Mr. TOWNS. Mr. Speaker, since arriving in active and admonishing elected officials not to United States fought the Korean War, shoul- New York City during the African-American forget where they came from. I am pleased to der to shoulder with us to deter communist Renaissance period of the 1930's, Harding N. recognize his outstanding contributions and to aggression; they provided aid when we were Bowman, a native of Bowman, SC, has dedi- introduce him to my colleagues. Thursday, August 1, 1996 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate passed Personal Responsibility Act Conference Report. House agreed to Health Care Reform Conference Report. House agreed to Agriculture Appropriations Conference Report. House agreed to Military Construction Appropriations Conference Re- port. House agreed to DOD Authorization Conference Report. House agreed to District of Columbia Appropriations Conference Report. House agreed to Legislative Branch Appropriations Conference Report. House passed English Language Empowerment Act. Senate Kevin L. Thurm, of New York, to be Deputy Sec- Chamber Action retary of Health and Human Services. Routine Proceedings, pages S9321–S9453 Arthur I. Blaustein, of California, to be a Member Measures Introduced: Eight bills and one resolu- of the National Council on the Humanities for a tion were introduced, as follows: S. 2009–2016, and term expiring January 26, 2002. Ida L. Castro, of New York, to be Director of the S. Res. 286. Page S9428 Women’s Bureau, Department of Labor. Measures Reported: Reports were made as follows: Donna Holt Cunninghame, of Maryland, to be Special Report on Revised Allocation to Sub- Chief Financial Officer, Corporation for National and committees of Budget Totals from the Concurrent Community Service. Resolution for Fiscal Year 1997. (S. Rept. No. Regina Markey Keeney, of Virginia, to be a Mem- 104–347) ber of the Federal Communications Commission for H.R. 2464, to amend Public Law 103–93 to pro- a term of five years from July 1, 1995. vide additional lands within the State of Utah for Brigadier General Robert Bernard Flowers, United the Goshute Indian Reservation. (S. Rept. No. States Army, to be a Member and President of the 104–348) Mississippi River Commission, under the provisions S. 199, to repeal certain provisions of law relating of Section 2 of an Act of Congress, approved June to trading with Indians. (S. Rept. No. 104–349) 1879 (21 Stat. 37) (33 USC 642). S. 1952, to amend the Juvenile Justice and Delin- Rose Ochi, of California, to be Director, Commu- nity Relations Service, for a term of four years. quency Prevention Act of 1974. Page S9428 Pages S9452±53 Budget Reconciliation/Personal Responsibility Act Conference Report: By 78 yeas to 21 nays Nomination Withdrawn: Senate received notification of the withdrawal of the following nomination: (Vote No. 262), Senate agreed to the conference re- Joaquin F. Otero, of Virginia, to be an Assistant port on H.R. 3734, to provide for reconciliation pur- Secretary of Labor, which was sent to the Senate on suant to section 201(a)(1) of the concurrent resolu- February 20, 1996. Page S9453 tion on the budget for fiscal year 1997. Pages S9322±34, S9337±41, S9344±47, S9352±S9415 Messages From the House: Page S9426 Nominations Received: Senate received the follow- Measures Referred: Page S9426 ing nominations: Measures Placed on Calendar: Page S9426 D857 D858 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 1996

Communications: Pages S9426±28 DGI Incorporated, Arlington, Virginia; and Richard Executive Reports of Committees: Page S9428 Everitt, BAA plc, London, England. Hearings were recessed subject to call. Statements on Introduced Bills: Pages S9428±38 Additional Cosponsors: Pages S9438±39 EMERGENCY TIMBER SALVAGE Notices of Hearings: Page S9439 Committee on Energy and Natural Resources: Committee held hearings to examine the Secretary of Agri- Authority for Committees: Page S9440 culture directive to the Forest Service concerning the Additional Statements: Pages S9440±52 implementation of the emergency timber salvage Record Votes: One record vote was taken today. program, designed to respond to the widespread for- (Total—262) Page S9415 est fires of 1994, as authorized in section 2001 of Public Law 104–19, Omnibus Appropriations and Adjournment: Senate convened at 9:30 a.m., and Rescissions Act, receiving testimony from Daniel R. adjourned at 9:13 p.m., until 10:30 a.m., on Friday, Glickman, Secretary, James R. Lyons, Under Sec- August 2, 1996. (For Senate’s program, see the re- retary, and Jack Ward Thomas, Chief, Forest Service, marks of the Majority Leader in today’s Record on all of the Department of Agriculture. page S9452.) Hearings were recessed subject to call. Committee Meetings PROPRIETY OF A COMMERCIAL LEASE Committee on Energy and Natural Resources: Sub- (Committees not listed did not meet) committee on Oversight and Investigations con- APPROPRIATIONS—COMMERCE/JUSTICE/ cluded oversight hearings to review the propriety of STATE a commercial lease issued by the Bureau of Land Management at Lake Havasu, Arizona, including its Committee on Appropriations: Committee ordered favor- consistency with the Federal Land Policy and Man- ably reported, with amendments, H.R. 3814, mak- agement Act and Department of the Interior land ing appropriations for the Departments of Com- use management policies, after receiving testimony merce, Justice, and State, the Judiciary, and related from Edward B. Cohen, Deputy Solicitor, Depart- agencies for the fiscal year ending September 30, ment of the Interior; and Mat Millenbach, Deputy 1997. Director, Joe Liebhauser, Havasu Resource Area BOSNIA MISSION Manager, and Rich Greenfield, Phoenix, Arizona Committee on Armed Services: Committee held hearings Field Solicitor, all of the Department of the Interior. to examine United States participation in the NATO NOMINATIONS Implementation Force Mission in Bosnia, receiving testimony from Walter B. Slocombe, Under Sec- Committee on Environment and Public Works: Commit- retary of Defense for Policy; Rear Adm. Charles W. tee ordered favorably reported the nominations of Moore, Jr., USN, Deputy Director of Operations, Nils J. Diaz, of Florida, and Edward McGaffigan, Joint Staff; and Lt. Gen. Patrick M. Hughes, USA, Jr., of Virginia, each to be a Member of the Nuclear Director, Defense Intelligence Agency. Regulatory Commission. Hearings were recessed subject to call. U.S. FOREIGN POLICY AVIATION SECURITY Committee on Foreign Relations: Committee concluded Committee on Commerce, Science, and Transportation: hearings to review the role for the United States in Committee held hearings on proposals to develop the world and other foreign policy issues, after re- and implement aviation security measures, receiving ceiving testimony from Warren Christopher, Sec- testimony from Senators Cohen, Campbell, and Lau- retary of State. tenberg, Representative Burton; Federico Pen˜a, Sec- retary, and David R. Hinson, Administrator, Federal BUSINESS MEETING Aviation Administration, both of the Department of Committee on the Judiciary: Committee ordered favor- Transportation; Keith O. Fultz, Assistant Comptrol- ably reported the following bills: ler General, and John K. Harper, Assistant Director, S. 1952, authorizing funds for fiscal years 1997 both of the Resources Community and Economic through 2000 for programs of the Juvenile Justice Development Division, General Accounting Office; and Delinquency Prevention Act; and Edward A. Merlis, Air Transport Association, and S. 982, to develop safeguards to protect the na- David Plavin, Airports Council International North tional information infrastructure, with an amend- America, both of Washington, D.C.; Morris Busby, ment in the nature of a substitute. August 1, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D859 TERRORISM J. Freeh, Director, and Robert M. Bryant, Assistant Select Committee on Intelligence: Committee held hear- Director, National Security Division, both of the ings on the threat of terrorism in the United States, Federal Bureau of Investigation, Department of Jus- focusing on recent terrorist incidents, U.S. policy re- tice; Caspar Weinberger, former Secretary of De- sponse to terrorism, and the role of the U.S. intel- fense; and James R. Schlesinger, former Director of Central Intelligence. ligence community, receiving testimony from Louis Committee recessed subject to call. h House of Representatives (commonly known as the ‘‘Safe Drinking Water Chamber Action Act’’ (H. Rept. 104–741); Bills Introduced: 13 public bills, H.R. 3936–3948; H.R. 3378, to amend the Indian Health Care Im- 1 private bill, H.R. 3949; and 5 resolutions, H. provement Act to extend the demonstration program Con. Res. 206–207, and H. Res. 504–506 were for direct billing of Medicare, Medicaid, and other introduced. Pages H9705±06 third party payers (H. Rept. 104–742 Part I); and Reports Filed: Reports were filed as follows: H. Res. 507, waiving points of order against the Conference report on H.R. 3448, to provide tax conference report to accompany S. 1316 to reauthor- relief for small businesses, to protect jobs, to create ize and amend title XIV of the Public Health Serv- opportunities, and to increase the take home pay of ice Act, commonly known as the ‘‘Safe Drinking workers (H. Rept. 104–737); Water Act’’ (H. Rept. 104–743); and H. Res. 502, waiving points of order against the H. Res. 508, providing for consideration for a cer- conference report to accompany, H.R. 3103, to tain motion to suspend the rules (H. Rept. amend the Internal Revenue Code of 1986 to im- 104–744). Pages H9568±H9703, H9704±05 prove portability and continuity of health insurance Committees to Sit: The following committees and coverage in the group and individual markets, to their subcommittees received permission to sit today combat waste, fraud, and abuse in health insurance during proceedings of the House under the 5-minute and health care delivery, to promote the use of medi- rule: Agriculture, Banking and Financial Services, cal savings accounts, to improve access to long-term Commerce, Economic and Educational Opportuni- care services and coverage, to simplify the adminis- ties, Government Reform and Oversight, Inter- tration of health insurance (H. Rept. 104–738); national Relations, Judiciary, Resources, Science, H. Res. 503, waiving points of order against the Small Business, Transportation and Infrastructure, conference report to accompany H.R. 3448, to pro- and Select Intelligence. Page H9710 vide tax relief for small businesses, to protect jobs, Order of Business: It was made in order that at to create opportunities, to increase the take home any time to consider a conference report to accom- pay of workers, to amend the Portal-to-Portal Act of pany the bill H.R. 3754, that all points of order 1947 relating to the payment of wages to employees against the conference report and against its consid- who use employer owned vehicles, and to amend the eration be waived, and that the conference report be Fair Labor Standards Act of 1938 to increase the considered as read when called up. Page H9710 minimum wage rate and to prevent job loss by providing flexibility to employers in complying with Legislative Branch Appropriations: By a yea-and- minimum wage and overtime requirements under nay vote of 397 yeas to 22 nays, Roll No. 386, the the Act (H. Rept. 104–739); House agreed to the conference report on H.R. Conference report on H.R. 3845, making appro- 3754, making appropriations for the Legislative priations for the government of the District of Co- Branch for the fiscal year ending September 30, lumbia and other activities chargeable in whole or in 1997. Pages H9710±25 part against revenues of said District for the fiscal Agriculture Appropriations: By a yea-and-nay vote year ending September 30, 1997 (H. Rept. of 379 yeas to 42 nays, Roll No. 387, the House 104–740); agreed to the conference report on H.R. 3603, mak- Conference report on S. 1316, to reauthorize and ing appropriations for Agriculture, Rural Develop- amend title XIV of the Public Health Service Act ment, Food and Drug Administration, and Related D860 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 1996 Agencies programs for the fiscal year ending Septem- Iosco County, Michigan Property: The House ber 30, 1997. Page H9725 passed H.R. 2670, to provide for the release of the H. Res. 496, waiving points of order against the reversionary interest held by the United States in conference report to accompany H.R. 3603, was laid certain property located in the County of Iosco, on the table. Page H9725 Michigan. Pages H9774±75 English Language Empowerment: By a recorded Agreed to the Committee amendment. Page H9775 vote of 259 ayes to 169 noes, Roll No. 391, the Mark Twain National Forest: The House passed House passed H.R. 123, to amend title 4, United H.R. 3464, to make a minor adjustment in the exte- States Code, to declare English as the official lan- rior boundary of the Devils Backbone Wilderness in guage of the Government of the United States. the Mark Twain National Forest, Missouri, to ex- Pages H9738±72 clude a small parcel of land containing improve- Rejected the Serrano motion to recommit the bill ments. Page H9775 to the Committee on Economic and Educational Op- Agreed to the Committee amendment. Page H9775 portunities with instructions to report the bill back Health Care Reform: By a yea-and-nay vote of 421 forthwith with an amendment in the nature of a yeas to 2 nays, Roll No. 393, the House agreed to substitute that sought to include findings relating to the conference report on H.R. 3103, to amend the English as the language of the United States, policies Internal Revenue Code of 1986 to improve port- that promote English, and require Presidential cam- ability and continuity of health insurance coverage in paigns and Federal elections to be conducted in Eng- the group and individual markets, to combat waste, lish (rejected by a recorded vote of 171 ayes to 257 fraud, and abuse in health insurance and health care noes, Roll No. 390). Pages H9769±72 delivery, to promote the use of medical savings ac- Agreed to the amendment in the nature of a sub- counts, to improve access to long-term care services stitute consisting of the text of H.R. 3898, as and coverage, and to simplify the administration of amended, made in order by the rule. Pages H9753±55 health insurance. Pages H9785±96 Agreed to the Cunningham amendment, as modi- Rejected the Stark motion to recommit the con- fied by unanimous consent, that cites the title as the ference report to the committee on conference with Bill Emerson Language Empowerment Act of 1996, instructions to the managers on the part of the clarifies that the bill does not affect Native Alaskan House to do everything possible, within the scope of or Native American languages, the Individuals with the conference, to modify section 305 of the Senate Disabilities Act, or terms of art and phrases from amendment relating to mental health insurance par- foreign languages. Pages H9755±56 ity so as to improve mental health care insurance Rejected the Serrano amendment in the nature of while minimizing any impact on the cost or avail- a substitute that sought to include findings relating ability of health insurance plans, and to produce a to English as the primary language of the United conference report which confines itself to the dif- States and policies that promote English as the com- ferences between the bill as passed by the House and mon language (rejected by a recorded vote of 178 passed by the Senate (rejected by a yea-and-nay vote ayes to 250 noes, Roll No. 389) Pages H9756±69 of 198 yeas to 228 nays, Roll No. 392). Page H9795 H. Res. 499, the rule which provided for consid- H. Res. 502, the rule waiving points of order eration of the bill was agreed to by a yea-and-nay against consideration of the conference report was vote of 236 yeas to 178 nays, Roll No. 388. agreed to by a voice vote. Earlier, agreed to H. Res. Pages H9725±38 500, waiving a requirement requiring a two-thirds Employee Association Representation: The House vote to consider a rule on the same day it is reported agreed to the Senate amendment to H.R. 782, to from the Committee on Rules. Pages H9775±85 amend title 18 of the United States Code to allow Order of Business: It was made in order that at members of employee associations to represent their any time to consider conference reports to accom- views before the United States Government—clear- pany the bills H.R. 3517 and H.R. 3845, that all ing the measure for the President. Pages H9772±73 points of order against both conference reports and J. Phil Campbell Conservation Center: The House against their consideration be waived, and that both passed H.R. 3387, to designate the Southern Pied- conference reports be considered as read when called mont Conservation Research Center located at 1420 up. Page H9796 Experimental Station Road in Watkinsville, Georgia, Military Construction Appropriations: By a yea- as the ‘‘J. Phil Campbell, Senior Natural Resource and-nay vote of 396 yeas to 26 nays, Roll No. 394, Conservation Center’’. Pages H9773±74 the House agreed to the conference report on H.R. August 1, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D861 3517, making appropriations for military construc- Adjournment: Met at 10 a.m. and adjourned at tion, family housing, and base realignment and clo- 12:50 a.m. on Friday, August 2. sure for the Department of Defense for fiscal year ending September 30, 1997. Pages H9796±H9801, H9809±10 Committee Meetings H. Res. 497, waiving points of order against the FAMILY PET PROTECTION ACT, PET conference report to accompany H.R. 3517, was laid SAFETY AND PROTECTION ACT on the table. Page H9801 Committee on Agriculture: Subcommittee on Livestock, District of Columbia Appropriations: By a yea- Dairy, and Poultry held a hearing on the following and-nay vote of 330 yeas to 91 nays, Roll No. 395, bills: H.R. 3393, Family Pet Protection Act of the House agreed to the conference report on H.R. 1996; and H.R. 3398, Pet Safety and Protection Act 3845, making appropriations for the government of of 1996. Testimony was heard from Michael Dunn, the District of Columbia and other activities charge- Assistant Secretary, Marketing and Regulatory Pro- able in whole or in part against revenues of said Dis- grams, USDA; and public witnesses. trict for the fiscal year ending September 30, 1997. Pages H9801±09, H9810 OVERSIGHT—FANNIE MAE AND FREDDIE MAC Order of Business: It was made in order that notwithstanding clause 1 of rule XXVII the Speaker Committee on Banking and Financial Services: Sub- may entertain motions to suspend the rules on committee on Capital Markets, Securities and Gov- Wednesday, September 4, 1996. Page H9811 ernment Sponsored Enterprises concluded oversight hearings regarding Fannie Mae and Freddie Mac. Defense Authorization: By a yea-and-nay vote of Testimony was heard from Leland C. Brendsel, 285 yeas to 132 nays, Roll No. 397, the House Chairman and CEO, Federal Home Loan Mortgage agreed to the conference report on H.R. 3230, to au- Corporation (Freddie Mac); and Robert B. Zoellick, thorize appropriations for fiscal year 1997 for mili- Executive Vice-President, Federal National Mortgage tary activities of the Department of Defense, and to Association (Fannie Mae). prescribe military personnel strengths for fiscal year 1997. Pages H9814±24 BUDGET PROCESS Rejected the Dellums motion to recommit the Committee on the Budget: Concluded hearings on ‘‘How conference report with instructions to the managers Did We Get Here From There?’’ A Discussion of on the part of the House to insist on section 367 of the Evolution of the Budget Process from 1974 to the House bill relating to impact aid assistance to the Present, Part III. Testimony was heard from local educational agencies for the benefit of depend- Representatives Barton of Texas, Orton, Cox of Cali- ents of members of the Armed Forces and civilian fornia, Stenholm, Neumann, Smith of Michigan, employees of the Department of Defense (rejected by Largent, Crapo, Castle, Visclosky, Cardin, Everett a yea-and-nay vote of 181 yeas and 236 nays, Roll and Horn. No. 396). Page H9823 H. Res. 498 the rule providing for consideration REAUTHORIZATION—PUBLIC HEALTH of the bill was agreed to earlier by a voice vote. SERVICE ACT PROGRAMS Pages H9811±13 Committee on Commerce: Subcommittee on Health and House Page Board: The Chair announced the Environment held a hearing on reauthorization of Speaker’s appointment of Representative Fowler to Existing Public Health Service Act Programs. Testi- fill a vacancy on the House of Representatives Page mony was heard from Philip R. Lee, M.D., Assistant Board. Page H9824 Secretary, Health, Department of Health and Human Recess: The House recessed at 11:35 p.m. and re- Services; and public witnesses. convened at 12:49 a.m. on August 2. Page H9836 MISCELLANEOUS MEASURES Senate Messages: Messages received from the Senate Committee on Economic and Educational Opportunities: today appear on pages H9567 and H9785. Ordered reported the following measures: H.R. Quorum Calls—Votes: Nine yea-and-nay votes and 3863, amended, Student Debt Reduction Act of three recorded votes developed during the proceed- 1996; and H. Res. 470, expressing the sense of the ings of the House today and appear on pages Congress that the Department of Education should H9724–25, H9725, H9737–38, H9769, H9771, play a more active role in monitoring and enforcing H9772, H9795, H9795–96, H9809–10, H9810, compliance with the provisions of the higher Edu- H9823, and H9824. There were no quorum calls. cation Act of 1965 related to campus crime. D862 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 1996 The Committee also began markup of H.R. 3876, Secretary of Agriculture to make a minor adjustment Juvenile Crime Control and Delinquency Prevention in the exterior boundary of the Hells Canyon Wil- Act. derness in the States of Oregon and Idaho to exclude FBI BACKGROUND FILES an established Forest Service road inadvertently included in the wilderness; H.R. 1179, amended, His- Committee on Government Reform and Oversight: Held a torically Black Colleges and Universities Historic hearing on Security of FBI Background Files. Testi- Building Restoration and Preservation Act; S. 1467, mony was heard from the following officials of the amended, Fort Peck Rural County Water Supply FBI, Department of Justice: Howard M. Shapiro, System Act of 1995; H.R. 3903, amended, to re- General Counsel; Thomas A. Kelley, Inspector, Dep- quire the Secretary of the Interior to sell the Sly uty General Counsel; and Peggy J. Larson, Super- Park Dam and Reservoir; H.R. 3910, amended, visory Research Analyst; and a public witness. Emergency Drought Relief Act of 1996; S. 811, MISCELLANEOUS MEASURES amended, Water Desalinization Research and Devel- Committee on International Relations: Favorably consid- opment Act of 1996; and H.R. 3828, Indian Child ered and adopted a motion urging the Chairman to Welfare Act Amendments of 1996. request that the following bills be considered on the The Committee failed to approve H.R. 3879, Suspension Calendar: H. Con. Res. 120, amended, Northern Mariana Islands Delegate Act. supporting the independence and sovereignty of Ukraine and the progress of its political and eco- NEW ENGLAND GROUNDFISH nomic reforms; and H.R. 3916, to make available MANAGEMENT PLAN certain Voice of America and Radio Marti multi- Committee on Resources: Subcommittee on Fisheries, lingual computer readable text and voice recordings. Wildlife and Oceans held an oversight hearing on MISCELLANEOUS MEASURES the economic effects of the New England Groundfish Management Plan. Testimony was heard from Rep- Committee on the Judiciary: Ordered reported amended resentative Frank of Massachusetts; the following of- H.R. 3307, Regulatory Fair Warning Act. ficials of NOAA, Department of Commerce: Andrew The Committee also continued markup of H.R. Rosenberg, Northeast Regional Director, National 3565, Violent Youth Crime Act of 1996. Marine Fisheries Service; and John Bullard, Director, Will continue tomorrow. Office of Sustainable Development and Intergovern- REFUGEE RESETTLEMENT mental Affairs; Robin Alden, Commissioner of Ma- Committee on the Judiciary: Subcommittee on Immi- rine Resources, State of Maine; and public witnesses. gration and Claims held an oversight hearing regarding the possible shifting of refugee resettlement to SANTEE SIOUX TRIBE OF NEBRASKA private organizations. Testimony was heard from Committee on Resources: Subcommittee on Native Representatives Obey and Condit; Lavinia Limon, American and Insular Affairs held a hearing on H.R. Director, Office of Refugee Resettlement, Depart- 3595, to make available to the Santee Sioux Tribe ment of Health and Human Services; Edwin Silver- of Nebraska its proportionate share of funds awarded man, State Coordinator, Refugee Resettlement Pro- in Docket 74–A to the Sioux Indian Tribe. Testi- gram, Department of Public Aid, State of Illinois; mony was heard from Representative Barrett of Ne- and public witnesses. braska; Deborah Maddox, Director, Office of Tribal MISCELLANEOUS MEASURES Services, Department of the Interior; and public witnesses. Committee on Resources: Ordered reported the following bills: H.R. 3640, amended, Torres-Martinez Desert CONFERENCE REPORT—HEALTH Cahuilla Indians Claims Settlement Act; H.R. 3642, California Indian Land Claims Transfer Act; H.R. INSURANCE PORTABILITY AND 2512, amended, Crow Creek Sioux Tribe Infrastruc- ACCOUNTABILITY ACT ture Development Trust Fund Act of 1996; H.R. Committee on Rules: Granted, by voice vote, a rule 2710, amended, Hoopa Valley Reservation South waiving points of order against the conference report Boundary Correction Act; H.R. 3547, amended, to on H.R. 3103, Health Insurance Portability and Ac- provide for the conveyance of a parcel of real prop- countability Act of 1996, and against its consider- erty in the Apache National Forest in the State of ation. The rule provides that the conference report Arizona to the Alpin Elementary School District 7 shall be considered as read. Testimony was heard to be used for the construction of school facilities from Chairman Archer and Representatives Hastert and related playing fields; H.R. 2693, to require the and Stark. August 1, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D863 CONFERENCE REPORT—SAFE DRINKING U.S. courthouse located in Tampa, FL, as the ‘‘Sam WATER ACT M. Gibbons United States Courthouse’’. Committee on Rules: Granted, by voice vote, a rule The Committee also approved the following: 18 waiving all points of order against the conference re- Repair and Alteration Resolutions; 1 Lease Resolu- port on S. 1316, the Safe Drinking Water Act tion; and 2 11(b) Resolutions. Amendments of 1996, and against its consideration. The rule provides that the conference report shall be CHILD SAFETY RESTRAINT SYSTEMS ON considered as read. COMMERCIAL AIRCRAFT COMBATING TERRORISM Committee on Transportation and Infrastructure: Sub- Committee on Rules: Granted, by voice vote, a rule committee on Aviation held a hearing on H.R. providing that at any time on the calendar day of 1309, to amend title 49, United States Code, to re- Friday, August 2, 1996, the Speaker may entertain quire the use of child safety restraint systems ap- a motion offered by the majority leader or his des- proved by the Secretary of Transportation on com- ignee that the House suspend the rules and pass a mercial aircraft. Testimony was heard from Rep- bill or joint resolution relating to the subject of resentative Lightfoot; the following officials of the combating terrorism. FAA, Department of Transportation: Peggy Gilligan, Deputy Associate Administrator, Regulation and CONFERENCE REPORT—SMALL BUSINESS Certification; and Louise Maillett, Acting Assistant JOB PROTECTION ACT Administrator, Policy, Planning, and International Committee on Rules: Granted, by voice vote, a rule Aviation; Barry Sweedler, Director, Office of Safety waiving points of order against the conference report Recommendations, National Transportation Safety on H.R. 3448, Small Business Protection Act of Board; and public witnesses. 1996, and against its consideration. The rule provides that the conference report shall be considered OVERSIGHT—NEXCOM LEASE as read. Testimony was heard from Chairman Archer and Representatives Hastert and Stark. Committee on Transportation and Infrastructure: Sub- committee on Public Buildings and Economic De- DEPARTMENT OF ENERGY RESEARCH AND velopment held a hearing on the oversight of DEVELOPMENT NEXCOM Lease. Testimony was heard from the fol- Committee on Science: Subcommittee on Energy and lowing officials of the GSA: Hillary Peoples, Assist- Environment held a hearing on funding Department ant Commissioner, Public Buildings Service; and of Energy Research and Development in a con- Harmon Eggers, Associate General Counsel; and the strained Budget Environment. Testimony was heard following officials of the Department of Defense: El- from the following officials of the Department of eanor Hill, Inspector General; VAdm. James Fitzger- Energy: Gregory H. Friedman, Deputy Inspector ald, USN, Inspector General and Steve Honigman, General, Audits; and Roger A. Lewis, Senior Advi- General Counsel, both with the Department of the sor, Office of Strategic Computing and Simulation; Navy; and Robert Taylor, Deputy General Counsel. Allen Li, Associate Director, Energy, Resources and Science Issues, Resources, Community, and Eco- U.S. TRADE POLICY nomic Development Division, GAO; Daniel Hartley, Vice President, Laboratory Development, Sandia Na- Committee on Ways and Means: Subcommittee on tional Laboratory; Ron Cochran, Executive Office, Trade continued hearings on the Status and Future Lawrence Livermore National Laboratory; Charles Direction of U.S. Trade Policy, with emphasis on Gay, Director, National Renewable Energy Labora- U.S. Trade with Sub-Saharan Africa. Testimony was tory; and a public witness. heard from Representatives McDermott and Jeffer- son; Jeffrey M. Lang, Deputy U.S. Trade Representa- MISCELLANEOUS MEASURES; RESOLUTIONS tive; George Moose, Assistant Secretary, African Af- Committee on Transportation and Infrastructure: Ordered fairs Bureau, Department of State; and public wit- reported the following bills: H.R. 3535, to redesig- nesses. nate a Federal building in Suitland, MD, as the ‘‘W. Edwards Deming Federal Building’’; H.R. 3576, BOSNIA/IRAN ARMS amended, to designate the U.S. courthouse located at Permanent Select Committee on Intelligence: Met in execu- 401 South Michigan Street in South Bend, IN, as tive session to hold a hearing on Bosnia/Iran Arms. the ‘‘Robert Kurtz Rodibaugh United States Court- Testimony was heard from departmental witnesses. house’’; and H.R. 3710, amended, to designate a D864 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 1996

sions of H.R. 3845, making appropriations for the Joint Meetings government of the District of Columbia and other HEALTH INSURANCE REFORM activities chargeable in whole or in part against reve- Conferees on Wednesday, July 31, agreed to file a nues of said District for the fiscal year ending Sep- conference report on the differences between the tember 30, 1997. Senate- and House-passed versions of H.R. 3103, to f amend the Internal Revenue Code of 1986 to improve portability and continuity of health insurance COMMITTEE MEETINGS FOR FRIDAY, coverage in the group and individual markets, to AUGUST 2, 1996 combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medi- (Committee meetings are open unless otherwise indicated) cal savings accounts, to improve access to long-term Senate care services and coverage, and to simplify the administration of health insurance. Committee on Finance, Subcommittee on Social Security and Family Policy, to hold hearings to examine how to SMALL BUSINESS JOB PROTECTION ACT educate the public about the 1996 report of the Social Se- Conferees agreed to file a conference report on H.R. curity Board of Trustees, 10 a.m., SD–215. 3448, to provide tax relief for small businesses, to protect jobs, to create opportunities, and to increase House the take home pay of workers. Committee on the Judiciary, to continue mark up of H.R. APPROPRIATIONS—DISTRICT OF 3565, Violent Youth Crime Act of 1996, 9:30 a.m., COLUMBIA 2141 Rayburn. Conferees agreed to file a conference report on the differences between the Senate- and House-passed ver- August 1, 1996 CONGRESSIONAL RECORD—DAILY DIGEST D 865

Re´sume´ of Congressional Activity

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

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through July 31, 1996 January 3 through July 31, 1996 Senate House Total Civilian nominations, totaling 295, (including 119 nominations car- Days in session ...... 107 98 . . ried over from the first session), disposed of as follows: Time in session ...... 804 hrs., 57′ 768 hrs., 38′ . . Confirmed ...... 137 Congressional Record: Unconfirmed ...... 148 Pages of proceedings ...... 9,320 9,566 . . Withdrawn ...... 10 Extensions of Remarks ...... 1,421 . . Public bills enacted into law ...... 13 67 . . Civilian nominations (FS, PHS, CG, NOAA), totaling 1,337, (includ- Private bills enacted into law ...... 1 1 . . ing 320 nominations carried over from the first session), disposed Bills in conference ...... 19 20 . . of as follows: Measures passed, total ...... 273 328 . . Confirmed ...... 1,335 Senate bills ...... 100 15 . . Unconfirmed ...... 2 House bills ...... 80 165 . . Senate joint resolutions ...... 2 3 . . Air Force nominations, totaling 9,424, (including 4,952 nominations House joint resolutions ...... 8 11 . . carried over from the first session), disposed of as follows: Senate concurrent resolutions ...... 14 7 . . Confirmed ...... 6,713 House concurrent resolutions ...... 16 26 . . Unconfirmed ...... 2,711 Simple resolutions ...... 53 101 . . Measures reported, total ...... *199 *266 . . Army nominations, totaling 10,857, (including 2,304 nominations Senate bills ...... 140 3 . . carried over from the first session), disposed of as follows: House bills ...... 45 175 . . Confirmed ...... 8,557 Senate joint resolutions ...... 1 0 . . Unconfirmed ...... 2,300 House joint resolutions ...... 0 4 . . Senate concurrent resolutions ...... 4 0 . . Navy nominations, totaling 3,553, (including 21 nominations carried House concurrent resolutions ...... 1 5 . . over from the first session), disposed of as follows: Simple resolutions ...... 8 79 . . Confirmed ...... 2,062 Special reports ...... 12 7 . . Unconfirmed ...... 1,491 Conference reports ...... 1 19 . . Measures pending on calendar ...... 272 80 . . Marine Corps nominations, totaling 2,119, (including 8 nominations Measures introduced, total ...... 618 1,398 . . carried over from the first session), disposed of as follows: Bills ...... 496 1,095 . . Confirmed ...... 2,063 Joint resolutions ...... 13 50 . . Unconfirmed ...... 56 Concurrent resolutions ...... 30 76 . . Simple resolutions ...... 79 177 . . Summary Quorum calls ...... 2 1 . . Yea-and-nay votes ...... 261 165 . . Total nominations carried over from the first session ...... 7,724 Recorded votes ...... 219 . . Total nominations received this session ...... 19,861 Bills vetoed ...... 0 5 . . Total confirmed ...... 20,867 Vetoes overridden ...... 0 0 . . Total unconfirmed ...... 6,708 Total withdrawn ...... 10

* These figures include all measures reported, even if there was no accompanying report. A total of 143 reports have been filed in the Senate, a total of 292 reports have been filed in the House. D866 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Friday, August 2 9 a.m., Friday, August 2

Senate Chamber House Chamber Program for Friday: Senate expects to consider con- Program for Friday: Consideration of the conference reference reports on H.R. 3103, Health Insurance Reform, port on H.R. 3448, Minimum Wage (rule waiving points H.R. 3754, Legislative Branch, H.R. 3845, D.C. Appro- of order); priations, H.R. 3517, Military Construction, H.R. 3448, Consideration of the conference report on S. 1316, Safe Small Business Job Protection Act, further conference re- Drinking Water Act (rule waiving points of order); and ports, when available, and any cleared legislative and ex- One measure under suspension of the rules dealing ecutive business. with combating terrorism.

Extensions of Remarks, as inserted in this issue

HOUSE Hastert, J. Dennis, Ill., E1451 Rohrabacher, Dana, Calif., E1448 Hayworth, J.D., Ariz., E1441 Sabo, Martin Olav, Minn., E1449 Barrett, Thomas M., Wis., E1453 Hoke, Martin R., Ohio, E1439 Seastrand, Andrea H., Calif., E1440 Bonior, David E., Mich., E1456 Kennedy, Joseph P., II, Mass., E1454 Shaw, E. Clay, Jr., Fla., E1454 Castle, Michael N., Del., E1445, E1455 Kleczka, Gerald D., Wis., E1437 Smith, Christopher H., N.J., E1457 Coburn, Tom A., Okla., E1446 LaFalce, John J., N.Y., E1441 Solomon, Gerald B.H., N.Y., E1443 Collins, Cardiss, Ill., E1447 LaHood, Ray, Ill., E1455 Stark, Fortney Pete, Calif., E1452 Combest, Larry, Tex., E1451 Levin, Sander M., Mich., E1438 Stupak, Bart, Mich., E1438, E1448 Davis, Thomas M., Va., E1439 Lipinski, William O., Ill., E1440 Thomas, William M., Calif., E1441 Dellums, Ronald V., Calif., E1442 Lowey, Nita M., N.Y., E1446, E1456 Torkildsen, Peter G., Mass., E1456 Eshoo, Anna G., Calif., E1444 Maloney, Carolyn B., N.Y., E1452 Torricelli, Robert G., N.J., E1444 Fields, Jack, Tex., E1439 Menendez, Robert, N.J., E1438 Towns, Edolphus, N.Y., E1446, E1449, E1451, E1454, Forbes, Michael P., N.Y., E1437, E1442 Morella, Constance A., Md., E1443, E1453 E1459 Gekas, George W., Pa., E1450 Orton, Bill, Utah, E1445 Walker, Robert S., Pa., E1437 Gillmor, Paul E., Ohio, E1454 Payne, Donald M., N.J., E1447 Wolf, Frank R., Va., E1443 Gilman, Benjamin A., N.Y., E1455 Porter, John Edward, Ill., E1444 Wynn, Albert Russell, Md., E1442 Hamilton, Lee H., Ind., E1450 Richardson, Bill, N. Mex., E1442 Young, Don, Alaska, E1440

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