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

Vol. 141 WASHINGTON, MONDAY, DECEMBER 11, 1995 No. 196 House of Representatives

The House met at 12 noon and was forward and lead the House in the December 8, 1995 at 4:25 p.m. and said to con- called to order by the Speaker pro tem- Pledge of Allegiance. tain a message from the President whereby pore [Mr. YOUNG of Florida]. Mr. SCHIFF led the Pledge of Alle- he reports on actions to order the selected reserve of the armed forces to active duty. f giance as follows: With warm regards, DESIGNATION OF THE SPEAKER I pledge allegiance to the Flag of the ROBIN H. CARLE, United States of America, and to the Repub- PRO TEMPORE Clerk, U.S. House of Representatives. lic for which it stands, one nation under God, f The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. fore the House the following commu- f ACTIONS TO ORDER SELECTED RE- nication from the Speaker: SERVE OF ARMED FORCES TO COMMUNICATION FROM THE WASHINGTON, DC, ACTIVE DUTY—MESSAGE FROM December 11, 1995. CLERK OF THE HOUSE THE PRESIDENT OF THE UNITED I hereby designate the Honorable The SPEAKER pro tempore laid be- STATES (H. DOC. 104–144) C.W. BILL YOUNG to act as Speaker pro fore the House the following commu- The SPEAKER pro tempore laid be- tempore on this day. nication from the Clerk of the House of fore the House the following message NEWT GINGRICH, Representatives: from the President of the United Speaker of the House of Representatives. WASHINGTON, DC, States, which was read and, together f December 11, 1995. with the accompanying papers, without PRAYER Hon. NEWT GINGRICH, objection, referred to the Committee The Speaker, U.S. House of Representatives, on National Security and ordered to be The Chaplain, Rev. James David Washington, DC. printed: Ford, D.D., offered the following pray- DEAR MR. SPEAKER: Pursuant to the per- er: mission granted in clause 5 of rule III of the To the Congress of the United States: Breathe upon us, O gracious God, the Rules of the U.S. House of Representatives, I have today, pursuant to section full measure of Your grace and allow us the Clerk received the following messages 12304 of title 10, United States Code, from the Secretary of the Senate on Friday, authorized the Secretary of Defense, to receive the full portion of Your December 8, 1995 at 11:45 a.m.: that the Sen- many gifts. We confess that we have ate passed S. 1431; that the Senate passed and the Secretary of Transportation not been the people You would have us with amendments H.R. 1833; that the Senate with respect to the Coast Guard when be or have done that which is pleasing agreed to conference report H.R. 2076; that it is not operating as a service in the to You. But we know too, O God, that the Senate insist on amendment—agree to Department of the Navy, to order to Your mercy is without end and Your conference H.R. 2539. active duty any units, and any individ- blessings are without number. So we With warm regards, ual members not assigned to a unit or- place our hearts and souls before You ROBIN H. CARLE, ganized to serve as a unit, of the Se- Clerk, U.S. House of Representatives. and pray that Your strength will en- lected Reserve to perform such mis- able us to do justice, love mercy, and f sions the Secretary of Defense may de- ever walk humbly with You. In Your COMMUNICATION FROM THE termine necessary. The deployment of name, we pray. Amen. CLERK OF THE HOUSE United States forces to conduct oper- f ational missions in and around former The SPEAKER pro tempore laid be- Yugoslavia necessitates this action. THE JOURNAL fore the House the following commu- A copy of the Executive order imple- The SPEAKER pro tempore. The nication from the Clerk of the House of menting this action is attached. Chair has examined the Journal of the Representatives: WILLIAM J. CLINTON. last day’s proceedings and announces WASHINGTON, DC, THE WHITE HOUSE, December 8, 1995. to the House his approval thereof. December 11, 1995. f Pursuant to clause 1, rule I, the Jour- Hon. NEWT GINGRICH, nal stands approved. The Speaker, U.S. House of Representatives, COMMUNICATION FROM THE Washington, DC. CLERK OF THE HOUSE f DEAR MR. SPEAKER: Pursuant to the per- The SPEAKER pro tempore laid be- PLEDGE OF ALLEGIANCE mission granted in clause 5 of rule III of the Rules of the U.S. House of Representatives, I fore the House the following commu- The SPEAKER. Will the gentleman have the honor to transmit a sealed envelope nication from the Clerk of the House of from New Mexico [Mr. SCHIFF] come received from the White House on Friday, Representatives.

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

H 14241 H 14242 CONGRESSIONAL RECORD — HOUSE December 11, 1995 WASHINGTON, DC, 1. Executive Order No. 12808 blocked ever organized or located) owned or December 11, 1995. all property and interests in property controlled by such undertakings or en- Hon. NEWT GINGRICH, of the Governments of Serbia and tities, that are or thereafter come The Speaker, U.S. House of Representatives, Montenegro, or held in the name of the within the possession or control of Washington, DC. former Govermment of the Socialist DEAR MR. SPEAKER: Pursuant to the per- United States persons. mission granted in Clause 5 of Rule III of the Federal Republic of Yugoslavia or the On October 25, 1994, in view of UNSC Rules of the U.S. House of Representatives, I Government of the Federal Republic of Resolution 942 of September 23, 1994, I have the honor to transmit a sealed envelope Yugoslavia, then or thereafter located issued Executive Order No. 12934 in received from the White House on Friday, in the United States or within the pos- order to take additional steps with re- December 8, 1995, at 4:25 p.m. and said to con- session or control of United States per- spect to the crisis in the former Yugo- tain a message from the President whereby sons, including their overseas slavia (59 FR 54117, October 27, 1994). he submits a 6-month periodic report on the branches. Executive Order No. 12934 expands the national emergency with Yugoslavia. Subsequently, Executive Order No. scope of the national emergency de- With warm regards, 12810 expanded U.S. actions to imple- clared in Executive Order No. 12808 to ROBIN H. CARLE, Clerk, U.S. House of Representatives. ment in the United States the United address the unusual and extraordinary f Nations sanctions against the FRY threat to the national security, foreign (S&M) adopted in United Nations Secu- policy, and economy of the United REPORT ON NATIONAL EMER- rity Council (UNSC) Resolution 757 of States posed by the actions and poli- GENCY WITH YUGOSLAVIA—MES- May 30, 1992. In addition to reaffirming cies of the Bosnian Serb forces and the SAGE FROM THE PRESIDENT OF the blocking of FRY (S&M) Govern- authorities in the territory in the Re- THE UNITED STATES (H. DOC. ment property, this order prohibited public of Bosnia and Herzegovina that 104–145) transactions with respect to the FRY they control, including their refusal to The SPEAKER pro tempore laid be- (S&M) involving imports, exports, deal- accept the proposed territorial settle- fore the House the following message ing in FRY (S&M)-origin property air ment of the conflict in the Republic of from the President of the United and sea transportation, contract per- Bosnia and Herzegovina. States, which was read and, together formance, funds transfers, activity pro- The Executive order blocks all prop- with the accompanying papers, without moting importation or exportation or erty and interests in property that are objection, referred to the Committee dealings in property, and official in the United States, that hereafter on International Relations and ordered sports, scientific, technical, or other come within the United States, or that to be printed: cultural representation of, or sponsor- are or hereafter come within the pos- ship by, the FRY (S&M) in the United session or control of United States per- To the Congress of the United States: States. sons (Including their overseas On May 30, 1992, in Executive Order Executive Order No. 12810 exempted branches) of: (1) the Bosnian Serb mili- No. 12808, the President declared a na- from trade restrictions (1) trans- tary and paramilitary forces and the tional emergency to deal with the shipments through the FRY (S&M), authorities in areas of the Republic of threat to the national security, foreign and (2) activities related to the United Bosnia and Herzegovina under the con- policy, and economy of the United Nations Protection Force trol of those forces; (2) any entity, in- States arising from actions and poli- (UNPROFOR), the Conference on Yugo- cluding any commercial, industrial, or cies of the Governments of Serbia and slavia, or the European Community public utility undertaking, organized Montenegro, acting under the name of Monitor Mission. or located in those areas of the Repub- the Socialist Federal Republic of Yugo- On January 15, 1993, President Bush lic of Bosnia and Herzegovina under slavia or the Federal Republic of Yugo- issued Executive Order No. 12831 to im- the control of Bosnian Serb forces; (3) slavia, in their involvement in and sup- plement new sanctions contained in any entity, wherever organized or lo- port for groups attempting to seize ter- UNSC Resolution 787 of November 16, cated, which is owned or controlled di- ritory in Croatia and the Republic of 1992. The order revoked the exemption rectly or indirectly by any person in, Bosnia and Herzegovina by force and for transshipments through the FRY or resident in, those areas of the Re- violence utilizing, in part, the forces of (S&M) contained in Executive Order public of Bosnia and Herzegovina under the so-called Yugoslav National Army No. 12810, prohibited transactions with- the control of Bosnian Serb forces; and (57 FR 23299, June 2, 1992). I expanded in the United States or by a United (4) any person acting for or on behalf of the national emergency in Executive States person relating to FRY (S&M) any person within the scope of the Order No. 12934 of October 25, 1994, to vessels and vessels is which a majority above definitions. address the actions and policies of the or controlled interest is held by a per- The Executive order also prohibits Bosnian Serb forces and the authorities son or entity in, or operating from, the the provision or exportation of services in the territory of the Republic of FRY (S&M), and stated that all such to those areas of the Republic of Bosnia and Herzegovina that they con- vessels shall be considered as vessels of Bosnia and Herzegovina under the con- trol. the FRY (S&M), regardless of the flag trol of Bosnian Serb forces, or to any The present report is submitted pur- under which they sail. person for the purpose of any business suant to 50 U.S.C. 1641(c) and 1703(c) On April 25, 1993, I issued Executive carried on in those areas, either from and covers the period from May 30, Order No. 12846 to implement in the the United States or by a United 1995, to November 29, 1995. It discusses United States the sanctions adopted in States person. The order also prohibits Administration actions and expenses UNSC Resolution 820 of April 17, 1993. the entry of any U.S.-flagged vessel, directly related to the exercise of pow- That resolution called on the Bosnian other than a U.S. naval vessel, into the ers and authorities conferred by the Serbs to accept the Vance-Owen peace riverine ports of those areas of the Re- declaration of a national emergency in plan for the Republic of Bosnia and public of Bosnia and Herzegovina under Executive Order No. 12808 and Execu- Herzegovina and, if they failed to do so the control of Bosnian Serb forces. Fi- tive Order No. 12934 and to expanded by April 26, 1993, called on member nally, any transaction by any United sanctions against the Federal Republic states to take additional measures to States person that evades or avoids, or of Yugoslavia (Serbia and Montenegro) tighten the embargo against the FRY has the purpose of evading or avoiding, (the ‘‘FRY (S&M)’’) and the Bosnian (S&M) and Serbian-controlled areas of or attempts to violate any of the prohi- Serbs contained in Executive Order No. the Republic of Bosnia and Herzegovina bitions set forth in the order is prohib- 12810 of June 5, 1992 (57 FR 24347, June and the United Nations Protected ited. Executive order No. 12934 became 9, 1992), Executive Order No. 12831 of Areas in Croatia. Effective April 26, effective at 11:59 p.m., e.d.t., on Octo- January 15, 1993 (58 FR 5253, January 1993, the order blocked all property and ber 25, 1994. 21, 1993), Executive Order No. 12846 of interests in property of commercial, 2. The declaration of the national April 25, 1993 (58 FR 25771, April 27, industrial, or public utility undertak- emergency on May 30, 1992, was made 1993), and Executive Order No. 12934 of ings or entities organized or located in pursuant to the authority vested in the October 25, 1994 (59 FR 54117, October the FRY (S&M), including property and President by the Constitution and laws 27, 1994). interests in property of entities (wher- of the United States, including the December 11, 1995 CONGRESSIONAL RECORD — HOUSE H 14243 International Emergency Economic countries for the purpose of tightening of the joint and several liability for the Powers Act (50 U.S.C. 1701 et seq.), the financial and trade restrictions on the remaining unallocated FRY (S&M) National Emergencies Act (50 U.S.C. FRY (S&M); and ongoing multilateral debt and pave the way for its entry 1601 et seq.), and section 301 of title 3 of meetings by financial sanctions en- into international capital markets. the United States Code. The emergency forcement authorities from various During the past 6 months, FAC has declaration was reported to the Con- countries to coordinate enforcement continued to oversee the liquidation of gress on May 30, 1992, pursuant to sec- efforts and to exchange technical infor- tangible assets of the 15 U.S. subsidi- tion 204(b) of the International Emer- mation. aries of entities organized in the FRY gency Economic Powers Act (50 U.S.C. 5. In accordance with licensing policy (S&M). Subsequent to the issuance of 1703 (b)) and the expansion of that na- and the Regulations, the Office of For- Executive Order No. 12846, all operating tional emergency under the same au- eign Assets Control (FAC) has exer- licenses issued for these U.S.-located thorities was reported to the Congress cised its authority to license certain Serbian or Montenegrin subsidiaries or on October 25, 1994. The additional specific transactions with respect to joint ventures were revoked, and the sanctions set forth in related Executive the FRY (S&M), which are consistent net proceeds of the liquidation of their orders were imposed pursuant to the with U.S. foreign policy and the Secu- assets placed in blocked accounts. authority vested in the President by rity Council sanctions. During the re- In order to reduce the drain on the Constitution and laws of the Unit- porting period, FAC has issued 90 spe- blocked assets caused by continuing to ed States, including the statutes cited cific licenses regarding transactions rent commercial space, FAC arranged above, section 1114 of the Federal Avia- pertaining to the FRY (S&M) or assets to have the blocked personality, files, tion Act (49 U.S.C. App. 1514), and sec- it owns or controls, bringing the total and records of the two Serbian banking tion 5 of the United Nations Participa- specific licenses issued as of October 13, institutions in New York moved to se- tion Act (22 U.S.C. 287c). 1995, to 1,020. Specific licenses have cure storage. The personality is being 3. Effective June 30, 1995, the Federal been issued: (1) for payment to U.S. or liquidated, with the net proceeds Republic of Yugoslavia (Serbia and third country secured creditors, under placed in blocked accounts. Montenegro) Sanctions Regulations, 31 certain narrowly defined cir- Following the sale of the M/V C.F.R. Part 585 (the ‘‘Regulations’’), cumstances, for preembargo import Kapetan Martinovic in January 1995, were amended to implement Executive and export transactions; (2) for legal five Yugoslav-owned vessels remain Order No. 12934 (60 FR 34144, June 30, representation or advice to the Govern- blocked in the United States. Approval 1995). The name of the Regulations was ment of the FRY (S&M) or FRY of the UNSC’s Serbian Sanctions Com- changed to reflect the expansion of the (S&M)—located or controlled entities; mittee was sought and obtained for the national emergency to the Bosnian (3) for the liquidation or protection of sale of the M/V Kapetan Martinovic Serbs, and now reads ‘‘Federal Repub- tangible assets of subsidiaries of FRY (and the M/V Bor, which was sold in lic of Yugoslavia (Serbia & (S&M)—located or controlled firms lo- June 1994). Montenegro) and Bosnian Serb-Con- cated in the United States; (4) for lim- With the FAC-licensed sales of the M/ trolled Areas of the Republic of Bosnia ited transactions related to FRY V Kapetan Martinovic and the M/V and Herzegovina Sanctions Regula- (S&M) diplomatic representation in Bor, those vessels were removed from tions.’’ A copy of the amended Regula- Washington and New York; (5) for pat- the list of blocked FRY (S&M) entities tions is attached. ent, trademark, and copyright protec- and merchant vessels maintained by Treasury’s blocking authority as ap- tion in the FRY (S&M) not involving FAC. As of October 12, 1995, five addi- plied to FRY (S&M) subsidiaries and payment to the FRY (S&M) Govern- tional vessels have been removed from vessels in the United States has been ment; (6) for certain communications, the list of blocked FRY (S&M) entities challenged in court. In Milena Ship news media, and travel-related trans- and merchant vessels maintained by Management Company, Ltd. versus New- actions; (7) for the payment of crews’ FAC as a result of sales conditions that comb, 804 F.Supp. 846, 855, and 859 wages, vessel maintenance, and emer- effectively extinguished any FRY (E.D.L.A. 1992) (aff’d, 995 F.2d 620 (5th gency supplies for FRY (S&M)-con- (S&M) interest: the M/V Blue Star, M/ Cir. 1993), cert. denied, 114 S.Ct. 877 trolled ships blocked in the United V Budva, M/V Bulk Star, M/V (1944), involving five ships owned or States; (8) for the removal from the Hanuman, and M/V Sumadija. The new controlled by FRY (S&M) entities FRY (S&M), or protection within the owners of several other formerly Yugo- blocked in various U.S. ports, the FRY (S&M), of certain property owned slav-owned vessels, which have been blocking authority as applied to these and controlled by U.S. entities; (9) to sold in other countries, have petitioned vessels was upheld. In IPT Company, assist the United Nations in its relief FAC to remove those vessels from the Inc. versus United States Department of operations and the activities of the list. the Treasury, No. 92 CIV 5542 (S.D.N.Y. UNPROFOR; and (10) for payment from During the past 6 months, U.S. finan- 1994), the district court also upheld the funds outside the United States where cial institutions have continued to blocking authority as applied to the a third country has licensed the trans- block funds transfers in which there is property of a Yugoslav subsidiary lo- action in accordance with U.N. sanc- a possible interest of the Government cated in the United States, and the tions. Pursuant to U.S. regulations im- of the FRY (S&M) or an entity or un- case was subsequently settled. plementing UNSC Resolutions, specific dertaking located in or controlled from 4. Over the past 6 months, the De- licenses have also been issued to au- the FRY (S&M), and to stop prohibited partments of State and Treasury have thorize exportation of food, medicine, transfers to persons in the FRY (S&M). worked closely with European Union and supplies intended for humanitarian The value of transfers blocked has (the ‘‘EU’’) member states and other purposes in the FRY (S&M). amounted to $137.5 million since the is- U.N. member nations to coordinate im- During the period, FAC addressed the suance of Executive Order No. 12808, in- plementation of the U.N. sanctions status of the unallocated debt of the cluding some $13.9 million during the against the FRY (S&M). This has in- former Yugoslavia by authorizing past 6 months. cluded continued deployment of Orga- nonblocked U.S. creditors under the To ensure compliance with the terms nization for Security and Cooperation New Financing Agreement for Yugo- of the licenses that have been issued in Europe (OSCE) sanctions assistance slavia (Blocked Debt) to exchange a under the program, stringent reporting missions (SAMs) to Albania, Bulgaria, portion of the Blocked Debt for new requirements are imposed. More than Croatia, the Former Yugoslavia Repub- debt (bonds) issued by the Republic of 318 submissions have been reviewed by lic of Macedonia, Hungary, Romania, Slovenia. The completion of this ex- FAC since the last report, and more and Ukraine to assist in monitoring change will mark the transfer to Slove- than 130 compliance cases are cur- land and Danube River traffic; support nia of sole liability for a portion of the rently open. for the International Conference on the face value of the $4.2 billion 6. Since the issuance of Executive Former Yugoslavia (ICFY) monitoring unallocated debt of the FRY (S&M) for Order No. 12810, FAC has worked close- missions along the Serbia-Montenegro- which Slovenia, prior to the authorized ly with the U.S. Customs Service to en- Bosnia border; bilateral contacts be- exchange, was jointly and severally lia- sure both that prohibited imports and tween the United States and other ble. The exchange will relieve Slovenia exports (including those in which the H 14244 CONGRESSIONAL RECORD — HOUSE December 11, 1995 Government of the FRY (S&M) or COMMUNICATION FROM THE HON- SPECIAL ORDERS Bosnian Serb authorities have an inter- ORABLE DAVID E. BONIOR, MEM- The SPEAKER pro tempore. Under est) are identified and interdicted, and BER OF CONGRESS the Speaker’s announced policy of May that permitted imports and exports The SPEAKER pro tempore laid be- 12, 1995, and under a previous order of move to their intended destination fore the House the following commu- the House, the following Members will without undue delay. Violations and nication from Hon. DAVID E. BONIOR, be recognized for 5 minutes each. suspected violations of the embargo are Member of Congress: f being investigated and appropriate en- WASHINGTON, DC, forcement actions are being taken. Nu- December 7, 1995. The SPEAKER pro tempore. Under a merous investigations carried over Hon. NEWT GINGRICH, previous order of the House, the gen- from the prior reporting period are Speaker of the House, Washington, DC. tleman from Illinois [Mr. POSHARD] is continuing. Since the last report, FAC DEAR MR. SPEAKER: This is to formally no- recognized for 5 minutes. tify you pursuant to Rule L (50) of the Rules has collected 10 civil penalties totaling of the House I have been served with a sub- [Mr. POSHARD addressed the House. more than $27,000. Of these, five were poena issued by the Circuit Court of Michi- His remarks will appear in the Exten- paid by U.S. financial institutions for gan. sions of Remarks.] violative funds transfers involving the After consultation with the General Coun- f Government of the FRY (S&M), per- sel, I will make the determinations required sons in the FRY (S&M), or entities lo- by the Rule. The SPEAKER pro tempore. Under a cated or organized in or controlled Sincerely, previous order of the House, the gen- DAVID E. BONIOR, from the FRY (S&M). One U.S. com- tleman from Maine [Mr. LONGLEY] is Member of Congress. recognized for 5 minutes. pany and one air carrier have also paid f penalties related to unlicensed pay- [Mr. LONGLEY addressed the House. ments to the Government of the FRY REACHING A BALANCED BUDGET His remarks will appear in the Exten- (S&M) or other violations of the Regu- (Mr. SCHIFF asked and was given sions of Remarks.] lations. Two companies and one law permission to address the House for 1 f firm have also remitted penalties for minute and to revise and extend his re- The SPEAKER pro tempore. Under a their failure to follow the conditions of marks.) previous order of the House, the gen- FAC licenses. Mr. SCHIFF. Mr. Speaker, last tleman from Maine [Mr. SCARBOROUGH] Wednesday the President of the United 7. The expenses incurred by the Fed- is recognized for 5 minutes.r. eral Government in the 6-month period States vetoed a proposed balanced budget submitted by the Congress of SCARBOROUGH addressed the House. from May 30, 1995, through November the United States. It was of course the His remarks will appear in the Exten- 29, 1995, that are directly attributable President’s legal right and prerogative sions of Remarks.] to the declaration of a national emer- to vote this bill, not only under the f gency with respect to the FRY (S&M) Constitution but under the recent and the Bosnian Serb forces and au- agreement between Congress and the INTRODUCTION OF AMERICAN thorities are estimated at about $3.5 President, if the President felt that the HEALTH SECURITY PARTNER- million, most of which represent wage budget did not adequately fund certain SHIP ACT and salary costs for Federal personnel. programs. The SPEAKER pro tempore. Under Personnel costs were largely centered On Thursday the President submitted the Speaker’s announced policy of May in the Department of the Treasury back to Congress his own proposed bal- anced budget. Unfortunately, I have to 12, 1995, the gentleman from Wisconsin (particularly in FAC and its Chief [Mr. OBEY] is recognized for 60 minutes Counsel’s Office, and the U.S. Customs say that I believe the administration in this case did not comply with our re- as the designee of the minority leader. Service), the Department of State, the Mr. OBEY. Mr. Speaker, I do not nor- National Security Council, the U.S. cent agreement. Our agreement called for a balanced mally these days take special orders Coast Guard, and the Department of budget in 7 years, which the adminis- because, as everyone understands, Commerce. tration did comply with using the eco- there is no legislative business to be 8. The actions and policies of the nomic forecasts, in this case meaning conducted, but I do today take this Government of the FRY (S&M), in its projected government revenue by the time to simply announce that I am in- involvement in and support for groups Congressional Budget Office. Instead, troducing the Health Security Partner- attempting to seize and hold territory the President’s budget submitted last ship Act of 1995 because I think this in the Republics of Croatia and Bosnia Thursday uses the economic forecasts Congress is going in a totally wrong di- rection on the issue of health care and and Herzegovina by force and violence, of his own Office of Management and I think we ought to start talking about and the actions and policies of the Budget. Their projections are as much how to reverse that. Bosnian Serb forces and the authorities as $400 billion in more government rev- Last year the country missed a his- in the areas of Bosnia and Herzegovina enue over 7 years than the Congres- sional Budget Office. toric opportunity to reform our health under their control, continue to pose The point, however, is not to debate care system by getting a handle on an unusual and extraordinary threat to between the two. That has already costs and strengthening the health se- the national security, foreign policy, been settled. In the recent agreement, curity of every American family. The and economy of the United States. The the President and the Congress both public wanted action but Washington United States remains committed to a agreed to use the Congressional Budget became so polarized that the oppor- multilateral resolution of the conflict Office for economic forecasts. tunity was missed. That does not mean through implementation of the United Therefore, I respectfully call upon that the problem has gone away. Nations Security Council resolutions. the administration to introduce a new Since the failure of Washington to I shall continue to exercise the pow- budget of 7 years in duration with the provide health care reform last year, 1 ers at my disposal to apply economic use of the Congressional Budget Office million more Americans have lost sanctions against the FRY (S&M) and economic forecast for Government rev- health care coverage and Americans the Bosnian Serb forces, civil authori- enue so that the two budgets can be concerned about being able to hold on compared side-by-side, the budget of to affordable health insurance have ties, and entities, as long as these the Congress and the budget of the seen that concern intensify greatly. At measures are appropriate, and will con- President of the United States, so that a time when we ought to be reducing tinue to report periodically to the Con- negotiations can begin on a level play- insecurity and increasing access to gress on significant developments pur- ing field between them and so that the quality health care, Congress is going suant to 50 U.S.C. 1703(c). American people can decide on a com- in the opposite direction. WILLIAM J. CLINTON. mon yardstick which priorities they Instead of reducing the number of un- THE WHITE HOUSE, December 8, 1995. prefer. insured Americans, this Congress is December 11, 1995 CONGRESSIONAL RECORD — HOUSE H 14245 moving millions of people to the rolls and unable to get insurance from car- health care more affordable and more of the uninsured by shredding the Med- riers. accessible. They do not want us to go icaid safety net for millions of poor In the best Progressive tradition— in the other direction. families and working families who need and I mean that in a capital P because This is a proposal which would help nursing home coverage for a loved one. the Progressive Party was born in Wis- move us back in the right direction. It is making Medicare more insecure consin—in the best Progressive tradi- Right now 40 million Americans are for millions of recipients. The median tion, we can use States as laboratories being left behind, and that is a dis- income for women on Medicare is $8,500 of democracy to help find alternative grace. It is an even larger disgrace that a year. And it is increasing the cost for health care reform models that work. if the Medicaid reforms, so-called re- the uninsured, a cost which will there- The elements of the plan would work forms being pushed by the Republican fore be shifted to families who do have like this. leadership in this House go through, insurance and to employers who pro- States would be required to submit a that you could almost double the num- vide that insurance. plan by July 1, 1999, to the Secretary of ber of those who are uninsured in this That is morally wrong, it is economi- Health and Human Services which country because of the loss of the Med- cally wrong, and the bill that I am in- would have to show that every citizen icaid guarantee. troducing today goes against the pre- in that State is covered by health in- These are problems which this Con- vailing tide in this Congress in order to surance which has benefits comparable gress ought to be willing to solve. We try to correct it. I know that we are to those available under the Federal ought to be including more people in moving against the tide, but this is a Employees Health Benefits Plan. the blessings of this country when it matter of principle and it is well worth Second, the rules of the insurance comes to health care, not fewer. I the fight. game would be changed to guarantee would hope that someday the Congress I should say also that I am being that people could no longer be turned will get about doing that, because that joined in this effort by the gentleman away because of preexisting conditions, indeed is the people’s business. from New York [Mr. HINCHEY], the gen- income, employment, or other health f tleman from New York [Mr. OWENS], status. Insurance companies could no the gentlewoman from California [Ms. longer deny, cancel, or refuse to renew AN HONEST BALANCED BUDGET PELOSI], and the gentleman from Min- coverage unless the premiums had not The SPEAKER pro tempore. Under a nesota [Mr. OBERSTAR]. been paid, unless fraud or misrepresen- previous order of the House, the gen- Last year’s health care battles have tation had been involved, or the plan is tleman from Hawaii [Mr. ABERCROMBIE] made it quite clear to me that while ceasing coverage in an entire geo- is recognized for 60 minutes. the public wants reform, they do not graphical area. Home and community- Mr. ABERCROMBIE. Mr. Speaker, I want reform that creates new huge based care would be provided as an op- am pleased to say that the special or- Federal bureaucracies. There are some tion to institutional care when it ders that I have been involved in over things that the Federal Government would be medically appropriate. the past several days, actually week, of can and should do, and this bill would Third, the Secretary of Health and the discussions of the balanced budget do them. Human Services would annually certify are beginning to attract some atten- For example, the National Govern- the plans. Only those States that par- tion from around the country and from ment can and should insist on insur- ticipate will be eligible for Federal our colleagues here in the House. ance reform so that people with pre- Medicaid funds, and participating As the Speaker knows, I have been existing conditions cannot be denied States would be eligible to share in the indicating in my discussions that far coverage. It can and should expand the Federal pool of funds created in the bill from balancing the budget, in the pro- Community Options Program such as to assist States in the effort. posals that are before us now, we are we have in Wisconsin, so that home As I said earlier, currently self-em- merely shifting the deficit. and community-based health care can ployed individuals can deduct 30 per- I have had people call in and express be an affordable option to institu- cent of their health insurance costs on their gratitude that I am explaining tionalized care. And we can attack the their Federal tax return. This bill this in a step-by-step manner so that it inequity that allows corporations to would increase that deduction to 100 is easy for the average taxpayer as well deduct the full cost of providing health percent, and it would also allow work- as the average Member who might not insurance to their employees but only ers whose employers do not provide be completely familiar with the budget allows the self-employed businessman health insurance to deduct up to 80 per- process to understands what it is that to deduct 30 percent of the cost of cov- cent of their health insurance cost. we are doing, what it is that is being erage. Congress is right to want to reform proposed. There are nonbureaucratic reforms Medicare and Medicaid, but health care I have long since learned, and I am that can and should be made at the for persons struggling to make ends sure the Speaker would agree, that not Federal level. But we can also create a meet should not be squeezed in order to just in politics but I guess in all of life, Federal-State partnership that will provide a rich man’s tax cut. Medicare it is the obvious that you have to state leave to the States the major choices and Medicaid reform should not be over and over again because it is the about how to deal with the short- done in isolation. They should be done obvious that you tend to take most for comings in today’s health care system. in the context of overall care reform, granted and forget first. That is why the bill I am introducing to effectively and fairly control costs, The obvious in this situation is, is today, beyond the issue of insurance and to minimize cost-shifting to per- that every time you hear someone reform, will have only one Federal re- sons who are insured and to employers stand up and say, ‘‘Oh, we’re going to quirement. The requirement will sim- who do provide insurance. balance the budget in 7 years,’’ you ply be that States ensure that every Until we can ensure that everyone should immediately get on your skep- citizen in each State has health insur- has health coverage, the problem of tical clothes to protect yourself. You ance coverage, and that such coverage cost-shifting will not go away. Cost- should be skeptical for the following is comparable to that which is now shifting is a hidden tax that continues reason. available to Members of Congress, Fed- to drive the cost of health care higher If you look at the presentation of the eral employees and their families. and higher. Until we get a handle on budget, do not listen to the rhetorical Under the plan, States could estab- cost-shifting, prices will continue to lines about balancing the budget in 7 lish whatever system they want, be it rise forcing more people out of the sys- years. That is the little prayerful rit- public, private or a mixture of both. tem and escalating the problem. ual that is being recited on this floor Each State would decide whether to No one can convince me that in last and on the so-called news talk shows, use devices such as risk-sharing pools November’s election the public was on the news bites, the 9- and 10-second or subsidies to provide coverage for telling us that they wanted us to weak- blips you get on television or here on those who are unemployed, those who en health care coverage and increase the radio, that we are going to balance are working but unable to afford health its cost, especially to the most vulner- the budget in 7 years. It is merely a insurance, and those who are high risk able among us. They want us to make question of numbers. H 14246 CONGRESSIONAL RECORD — HOUSE December 11, 1995 Today, for example, you can read in I was talking about. You just heard the Let us go backward in them. Seeming the New York Times or in the Washing- ritual incantation of balancing the less than sincere. I assure you I am ton Post arguments about whether or budget in the year 2002. That will not quite sincere. not we are talking about numbers on happen. You can recite that like a Let us go over what the deficits are, Medicare. prayer. You have no proposal. You and I will tell you, before we go to the You can see, and I have here, Mr. have never made a statement that re- deficits, I will give you the answer to Speaker, the national edition of the motely reflects a balanced budget in the first part of your question about New York Times for today with a head- the year 2002. what proposals have been on the floor. line, GOP, the Republican Party, em- Mr. SCARBOROUGH. Will the gen- No proposals that has been on this phasizes points of similarity on Medi- tleman yield? floor is going to balance the budget in care. That is the attempt. Mr. ABERCROMBIE. Yes. 7 years. That is almost impossible. Then you have little graphs. Every- Mr. SCARBOROUGH. From the scor- Mr. SCARBOROUGH. Is that why you body has a graph that they want to ing that I have seen, actually CBO have voted against those? show you, especially if the do not want scores that we balance the budget. But Mr. ABERCROMBIE. I have never you to understand what is really at let me ask you this question—— said on this floor that the Republicans stake. Mr. ABERCROMBIE. Reclaiming my do not go far enough. To the contrary, What is at point where Medicare is time, because it you are going to come if you want to eviscerate this country, concerned in the budget proposal, Mr. into my time, you are going to have to that is up to you, and if you want to Speaker, is that, yes, there will be a in- be accurate. run for office in 1996 on the basis that crease in spending in both proposals, All the CBO scoring, and CBO for you want to strip this country of every the President’s proposal is it stands to those who do not know, is the Congres- value that means anything in a repub- this point, and the Republican pro- sional Budget Office. Every chart of lic, you can do that. Mr. SCARBOROUGH. If the gen- posal. The question is, is there going to the Congressional Budget Office shows tleman will yield, just to answer that be a sufficient increase to cover the that the budget will not be balanced in 2002 unless you play an accounting point. number of people who need it? Mr. ABERCROMBIE. I still have the The gentleman from Wisconsin [Mr. trick which takes your deficit off-budg- time. OBEY] who spoke just before me indi- et. Your proposal proposes to take Mr. SCARBOROUGH. How does evis- cated very clearly that we are facing a some $636 billion from Social Security, ceration—— situation, because we did not do na- plus interest, put it off-budget and pre- Mr. ABERCROMBIE. Mr. Speaker, I tional health care in the previous 2 tend you do not owe it in the year 2002. have the time. years, a situation which is dire, which Every Congressional Budget Office The SPEAKER pro tempore. The gen- is going to cause even more people to chart, every analysis that they have, tleman from Hawaii controls the time. be lacking health insurance; going to which I have before me, indicates that Mr. ABERCROMBIE. I have the time. cause us, I believe, the case can be there will be a massive deficit shift in There is no budget proposal on this made, to expand even more funds than 2002 while you claim to have a balanced floor that is going to balance the budg- are projected. budget. et in the year 2002. It cannot be done. Everybody is trying to say, the Re- Mr. SCARBOROUGH. Well, if the It cannot be done unless you use the publican proposal says they are going gentleman will yield, a lot of people most draconian methodology that to save Medicare. How are they going would accuse anybody coming to this would, as I indicate, eviscerate the ca- to save it? They are going to cut it floor and stating that the Republican pacity of the country to sustain itself, hundreds of billions of dollars. They budget does not go far enough to bal- either socially or economically. ance the budget as being a little bit are going to block-grant to the States b 1230 the Medicaid Program, which means less than sincere. the States will become liable for Med- I would ask the gentleman what bal- On the other hand, if the gentleman icaid, or they will alter the eligibility anced budget plan has he supported in wants to balance the budget, if that is requirements. Your mother, your fa- this year of all the balanced budget what his goal is, then the gentleman is ther, yourself, you may not be eligible. plans that have before the floor. Or going to have to do it the sensible way Anybody out there who thinks that name one budget that your majority that anybody else does it, the way they are going to be freed of the con- leader has supported or name one budg- other municipalities and States and sequences of these budget proposals, et that the President has supported countries and villages do. The gen- believe me, better think about it again. that will go as far as the budget that tleman is going to have to have a cap- So I ask you, let us suppose, if both the Republican Party put forward that ital expenditures budget. The gen- the Republicans and the Democrats are Democrats, some conservative Demo- tleman is going to have to have an op- claiming, as they do on these charts, crats and moderate Democrats, have erating budget and find a methodology that they are increasing spending for actually supported. for dealing with it. How much revenue is coming in? How Medicare, then how is it that they are I think, and let me just say this, as I much is going out? How much can we going to take $270 billion in the Repub- have said before when I have seen the gentleman on the floor. I agree with afford to spend in a given year? And lican plan out of Medicare? How can then lay that out over a 10-, 20-, or 30- you, that if we go that extra mile and you be increasing the spending and year period in order to achieve it. That find a way to get Social Security off- then taking money out of it supposedly is the way we do it. in savings at the same time? I do not budget and, as I have said before, I My colleagues are not going to do it think you can do that. You cannot want to work with you on this because by the intuitive method of the Speaker move forward and run backward at the I think it is a laudable goal. If we go of picking out a 7-year period in which same time. that extra mile, get Social Security they increase the deficit, increase Well, I will tall you how they say off-budget, still balance the budget in 7 spending, and at the same time claim they are going to do it. They say we years, with Social Security off-budget, that they are balancing the budget. will increase the amount—— that is a fantastic goal. Mr. SCARBOROUGH. Mr. Speaker, Mr. SCARBOROUGH. Will the gen- My only point is this: When you will the gentleman yield? tleman yield? come to the floor and when others Mr. ABERCROMBIE. I yield to the Mr. ABERCROMBIE. Certainly. come to the floor stating that the Re- gentleman from Florida. Mr. SCARBOROUGH. I have dis- publicans do not go far enough because Mr. SCARBOROUGH. Mr. Speaker, I cussed budget issues with the gen- we do not take Social Security off- greatly appreciate the gentleman giv- tleman before and look forward to his budget, it seems a little bit less than ing me some time, and I certainly budget plan that will balance the budg- sincere. The same question could be would invite the gentleman to speak et in the year 2002 and increase $1 tril- raised about Medicare. when I have an hour. lion more—— Mr. ABERCROMBIE. Reclaiming my But first of all, the gentleman has Mr. ABERCROMBIE. Reclaiming my time. You have asked me a series of stated that the Republican plan evis- time, this is a perfect example if what questions. cerates America and tears away basic December 11, 1995 CONGRESSIONAL RECORD — HOUSE H 14247 American values by draconian cuts. health insurance and is not likely to call it spending cuts where spending Then the gentleman moves forward and lose it. skyrockets 45 percent. says that the Republicans are actually It is very interesting, I have indi- Mr. ABERCROMBIE. Reclaiming my spending more and the deficit in- cated, and as far as the President’s time, Mr. Speaker, if they do not un- creases. It brings to mind a Washing- budget is concerned he has indicated, derstand it, I will attempt to explain it ton Post editorial that basically says and the news page from the New York once again. that the Democrats are being less than Times, which I just showed, this agrees I think there is a certain amount of sincere when they say that a plan on exactly with what the gentleman just calories one needs to be able to sustain Medicare, for instance, that increases said in terms of increased spending. I one’s existence. Supposing it is 1,800 spending by 45 percent is draconian. said already this morning that both calories a day. If we are putting out Now, the gentleman went to school, I the Republicans and the Democrats are 1,500 calories, we are 300 calories short. suppose he went to school in Hawaii. I proposing increased spending. What I am indicating to the gentleman went to school in Florida and across The difference is if the spending does is that the proposal for block granting the Southwest. Where I went to school, not match the need, then we fall be- Medicaid and for the so-called Medi- a 45-percent increase where one goes hind. What the Republican proposal is, care increase, when it does not match from spending $850 billion to $1.6 tril- is that they want to throw a 10-foot the need, then we are going to fall lion over 7 years is an increase; where rope to someone who is 12 feet out in down and someone is going to have to the average senior citizen goes from, the water and drowning. The fact that pay for it in society. and the gentleman has heard these they are throwing a 10-foot rope does Does anybody really believe, Mr. numbers, goes from $4,600 to $7,100 per not do anything for the person who is Speaker, at this point that, on the one year, that is per beneficiary. drowning, because they need 12 feet in hand the Republicans can be claiming, That is why the Washington Post, on order to reach him. ‘‘Oh, no we are going to increase spend- November 16 said, and I would like the What is happening is that under Med- ing,’’ and at the same time we are gentleman to respond to this because I icare and the expenditures under the going to have tremendous savings? And have yet to hear a Democrat who has proposal by the Republicans is that at the same time we are going to in- been attacking the Republican’s plan they are going to make the insurance crease the deficit, but at the same time to balance the budget, I have yet to companies richer. The Republicans are we are going to balance the budget? hear anybody respond to this. If I could going to take nine steps backward. Now, I do not know about someone just read this and have the gentleman They are not going to have a sufficient else’s definition of demagogue, but I respond: amount of money to be able to deal think that that might qualify at the Bill Clinton and the congressional Demo- with the need, particularly if they put very least. crats were handed an unusual chance this on a Medicaid proposal in conjunction Let me ask the gentleman a ques- year to deal constructively with the effect of with it that sees to it that more people tion, then, in turn. As I said, I believe Medicare on the deficit, and they blew it. are ineligible for Medicaid spending, so I have indicated my answer to your The chance came in the form of the congres- they will be showing up in the emer- question about the Washington Post sional Republican plan to balance the budget gency rooms, and those who do have editorial on Medicare. It does not make over seven years. Some other aspects of that health insurance will be paying even any sense because it does not get to the plan deserved to be resisted, but the Repub- target. lican proposal to get at the deficit partly by higher premiums to take care of those confronting the cost of Medicare deserved who do not have insurance. Is it not a case, I ask my good friend, support. The Democrats, led by the presi- So, all the Republicans have done that the conference report, and I hope dent, chose instead to present themselves as with this proposal and so-called in- that he will take my word that I do, in Medicare’s great protectors. They have crease is shift the burden of paying for fact, have a bona fide copy of the con- shamelessly used the issue, demagogued on it to those who already do have insur- ference report on the budget before me. it, because they think that’s where the votes ance. The concurrent resolution for the are and the way to derail the Republican Mr. SCARBOROUGH. The gentleman budget. Does it not indicate on page 3 proposals generally. The president was still called it a so-called increase, and when under deficits, that for purposes of en- doing it this week; a Republican proposal to increase Medicare premiums was one of the you go up 45 percent, I understand if forcement of the resolution, the reasons he alleged for the veto that has shut you believe that we need to go up 60 amount of the deficits are as follows: down the government—and never mind that percent instead of 45 percent. That is 1996, 245,600,000,000. Is that not the defi- he himself, in his own budget, would coun- fine. But the fact of the matter is, as cit figure that the Committee on the tenance a similar increase. we know, Medicare has been growing at Budget is using in its report? We’ve said some of this before; it gets more a 10-percent clip. Mr. SCARBOROUGH. I do not have serious. If the Democrats play the Medicare Mr. ABERCROMBIE. Not in Hawaii, the conference report in front of me, card and win, they will have set back for because we have health care in Hawaii. but if the gentleman wants to go years, for the worst of political reasons, the very cause of rational government in behalf We have had it for 20 years. through it and wants to read them off of which they profess to be behaving. Politi- Mr. SCARBOROUGH. Right. And I to me. cally, they will have helped to lock in place think the Democratic plan, let us just Mr. ABERCROMBIE. No, I will not the enormous financial pressure that they say Bill Clinton’s plan, was to push it read them all off. I will indicate that themselves are first to deplore on so many up 6 percent, and in his testimony in starting in this year, 1996, there is a other federal programs, not least the pro- 1993, when he talked about having a $245.6 billion deficit and it goes on to grams for the poor. single-payer health care system na- the year 2002 over the next 7 years, and Mr. Speaker, the gentleman from Ha- tionwide, in his testimony and in Hil- in 2002 it is indicated, and I grant you waii heard this, he saw on the front of lary Clinton’s testimony, the adminis- this is in January, the numbers could the New Republic this past week most tration’s position was that Medicare change up or down depending on what likely where the cover story by a needed to grow at twice the rate of in- the Congressional Budget Office says former member of the Clinton adminis- flation. That is exactly what happens this week to, $18.4 billion, tration said that the Democrats’ under the proposal, which actually $18,400,000,000. So each year there is a demagoguing on Medicare was even came about after the President and the deficit. worse than the American public sus- Medicare board of trustees said back in It does not bother me. I am not argu- pected. That is the New Republic and April that Medicare was going bank- ing that somehow the deficit is sup- the Washington Post. It is not the rupt. posed to disappear in a year’s time. I Washington Times. If the gentleman The gentleman again talks about do not believe that would be good eco- could just respond to that. cuts, and he talks about decreased pay- nomically. We could have that discus- Mr. ABERCROMBIE. I would be de- ments. To me, and I am just a fresh- sion sometime: The philosophy of eco- lighted to respond to that. I would not man here, but to me and to a lot of nomics. But I think it is generally accuse the Washington Post of people out in the country, and I am agreed, at least by those of us here in demagoguing, especially if they are an sure even people in Hawaii, a lot of the Congress, to eliminate it all in 1 editor of the Washington Post who has people do not understand how we can year would probably be impossible. H 14248 CONGRESSIONAL RECORD — HOUSE December 11, 1995 But nonetheless, would the gen- BRAC-like task force where we get peo- gentleman is aware that the Repub- tleman agree, and the gentleman has ple from AARP, and economists, and lican proposal that is on the floor so been talking about the budget, that in we need to get together and look and far from the Committee on the Budget general, whether my numbers are exact see, take a serious look at this CPI, the does take from the Social Security or not, that there is a deficit proposed consumer price index that PAT MOY- trust fund? in this year, and a deficit in the Repub- NIHAN has been talking about saying it Mr. SCARBOROUGH. Is the gen- lican budget and the Democratic budg- is 1 percentage point too high; get a tleman yielding to me? et until the year 2002? Somehow it has task force that will protect the inter- Mr. ABERCROMBIE. Yes, I am. to be paid for. That is the question, is ests of seniors. And if they adjust it up Mr. SCARBOROUGH. No, not any it not? 0.5 percent, as the Democratic Coali- more than Democratic proposals in the Mr. SCARBOROUGH. That is the tion budget does, or 1 percent, as past have, again using the framework question, and there is a deficit starting Democratic Senator PATRICK MOY- that we use that the Democrats have this year, and the plan is over 7 years NIHAN suggests, what we do with that used for 40 years. That is why I was that we go to zero deficit under the money from this BRAC-like task force asking the gentleman, and I just got a way that Washington scores deficits that the seniors will take part in, we note that I have got to leave the floor right now. roll that money over and get Social Se- in 10 minutes, if he would be interested Mr. ABERCROMBIE. Reclaiming my curity off budget; keep off budget the in working with me in figuring out a time. I thank the gentleman very money that we save for the Social Se- way of putting together a BRAC-type much. This is getting productive. curity system through the CPI adjust- task force to adjust the consumer price Under the way we score deficits right ments. index and its impact on Social Secu- now. Is that something that the gen- rity, and whatever money is saved, we Mr. SCARBOROUGH. And the way tleman would like to work on with me roll over into the Social Security trust Democrats have for 40 years. in a bipartisan manner? Because I real- fund, thereby pouring billions and bil- Mr. ABERCROMBIE. Would the gen- ly do think we are making progress lions of dollars to keep Social Security tleman agree that, reading again from here today. This is historic. solvent after the year 2002. the same title I where the deficits Mr. ABERCROMBIE. Mr. Speaker, Mr. ABERCROMBIE. My answer to were, as I indicated, that the public reclaiming my time, I am glad the gen- the gentleman is I would be delighted debt, which this year, 1996, will be $5.21 tleman thinks it is so historic. to work with him at any time on such trillion, $5.2 trillion. In the year 2002, Mr. SCARBOROUGH. Mr. Speaker, I a proposal, and I would be delighted to the public debt will be $6.7 trillion. have not heard a Democrat say that have further discussions on the reali- That is an increase in the public debt; the Republican plan did not go far ties of the Social Security trust fund. is it not? enough. Mr. SCARBOROUGH. Great, I would Mr. SCARBOROUGH. It is, and if the Mr. ABERCROMBIE. I think the Re- love to. I think coming from Florida, gentleman would yield, I would like to publican plan goes way too far. That is obviously, it is extremely important to ask the gentleman a question, because my point. I do not believe it is a plan. the people in our State. I heard that we are getting at a very good point. time and time again when I was cam- I want you to know, and I guess I It is a kind of incantation, a magic for- paigning a year ago, why do we not should not publicize this any more mula that would have all of the reality than it has been publicized, but I was of Merlin the Magician. take Social Security off budget? And, the only Republican to vote against The gentleman indicated that he of course, we can say that it is off reconciliation the first time through, would like to have a BRAC-like com- budget, but the fact of the matter is because I did not think we went far mission. BRAC, for those who do not that the Democrats, when they con- enough to getting the deficit down. know, is the Base Realignment Closure trolled Congress, and the Republicans But let me say this, I know there was Commission. I think we may be closing this year, have not put up that Chinese not a single Democrat, because I talked down the opportunity for a whole lot of wall to separate the two. If we can to a good number of them, that voted people in this country if we went as far work together, I do think this would be against this budget package because and as fast as the gentleman indicated. a historic moment. they did not think it cut enough. I I would never characterize the gen- Mr. ABERCROMBIE. Mr. Speaker, I know that to be the case, because the tleman personally, but I believe that reiterate, I would be delighted to work interesting thing that the Republicans such an approach would be an extreme with the gentleman at any point. have found themselves in this year is approach. It would not be warranted, Speaking as I do as the Representative that the conservative base that is given the social stability and the eco- of the southernmost State in the pushing them to balance the budget nomic stability of our country. United States, Hawaii, I would be glad immediately, now rather than later, Now, I still have the time, if the gen- to do that. the freshman class, of which I am a tleman would be kind enough to let me Mr. Speaker, I particularly appre- Member, where we put forward our own respond. The gentleman indicated that ciate the dialog with the gentleman plan to balance the budget in 5 years, the freshman class of Republicans have from Florida [Mr. SCARBOROUGH]. I we have been savagely attacked, being put forward a balanced budget proposal have listened with interest and with called mean-spirited. You have heard which might succeed in 5 years, and he close regard to his remarks on the floor what I would call demagoguery. asked me at the same time, would we in previous times, and I think that it is Mr. ABERCROMBIE. I would never work, could we work together to take well worth it at this point to explicate say anything like that. Social Security off budget? just for a moment or two on some of Mr. SCARBOROUGH. Of course you Mr. Speaker, I am sure the gen- the points that he raised, because they would not. That is Hawaiian manners. tleman is aware, and therefore he must do fit into the context of my general It encourages me that I find somebody have misspoke, I am sure he is aware discussion. coming to the floor on the other side of that in the budget proposals right now, Mr. Speaker, you may recall that I the aisle who is saying, ‘‘Hey, maybe that Social Security already is listed had indicated that there is, in fact, in we need to push a little harder; we need as off budget. The problem is that we the budget document proposal of the to do more to balance the budget.’’ are taking money from it. Republican Party, a deficit this year. Mr. Speaker, I think today is a his- Now, does the freshman proposal of Some $245 billion. There is, at least, in toric day in the 104th Congress. Let me the Republicans, the freshman Repub- the budget resolution as presented so say this to the gentleman. I will ask lican proposal take money from the So- far, which will go on up to $108 billion him to work together with me to come cial Security trust fund in order to in the year 2002. It accumulates, obvi- up with a proposal that will take So- help balance the budget? ously. The public debt is increasing. cial Security off budget and raise the Mr. SCARBOROUGH. Not that I am We move then to Social Security, be- revenue to keep Social Security off aware of. cause the gentleman from Florida is budget, while still moving forward. Mr. ABERCROMBIE. I would be quite correct. His constituents are Let me tell my colleague a great mightily amazed, then, as to where sharp. They understand what is hap- idea. I think we need to get together a they are going to get the money. The pening. We have an accounting trick in December 11, 1995 CONGRESSIONAL RECORD — HOUSE H 14249 the Federal Government, which all par- that we took money out of their sav- Mr. Speaker, I suppose that people ties have utilized to this point, in ings account in order to accomplish would like to hear that, but I think my which we say that the Social Security that. constituents, and I am sure that the revenues are off budget. Mr. Speaker, the way I add it up, and constituents of the gentleman from Now, I do not know about your budg- the way I went to school, as the gen- Florida are the same, they do not want et. Well, I do know about your budget, tleman from Florida indicated, I am to hear a fairy tale. They do not want Mr. Speaker. I am sure yours and mine sure we had similar math experiences, to be told something that is not true or are exactly the same. We cannot get the way I add it up, we owe our mom that they are going to be all right or away with that. People who try to pre- and dad. The fact that we call it off fiscally secure, that their future is tend that what they owe really does budget in the Government does not going to be soundly based economically not count because it is off budget and mean that we owe our mom and dad and socially and we will have stability act accordingly, sometimes end up in any less money. in this country, and then find out that front of long-robed judges with prison What is the Social Security trust is not so. They would rather know sentences facing them. Or at worst, and fund? The Social Security trust fund is what the truth is, so that they can fig- for those who are eligible to collect I suppose at best, find themselves ure out what needs to be done to get to those benefits at a certain time in shamefacedly saying to their spouses, the goal that we want to achieve. ‘‘Yes, actually we have not balanced their life when they have retired at a Yes, it is true that Democratic ad- certain age and under certain cir- the budget. We actually owe more ministrations and Republican adminis- cumstances. When they meet the quali- money than we can pay.’’ trations have used Social Security in a fications of it, they get the benefit. But where Social Security is con- similar way. That does not make it One of the arguments made by young cerned, Mr. Speaker, I want to indicate right. The difference has been in the people is that there may not be suffi- that according to the Congressional past that when they went into the So- cient funds in the Social Security trust Budget Office, the revenues for Social cial Security trust fund, they never fund to meet their needs when they are Security are in excess of what is need- pretended they were balancing the eligible for it. I would say if we keep ed for expenditure this year, and on up budget with it. Rather, they were taking from this fund, and leaving to the year 2002. meeting current expenses. IOU’s in it with no plan to pay it back, Let me repeat that. There are more The debt that we have now, between that is exactly what is going to happen revenues coming into Social Security $480 and $500 billion that we owe in at some point in the future. Not now. trust fund than there are revenues principal, I am not sure whether inter- Not in 2002. But as we get past that going out. That means there is a sur- est is involved in that or what the in- time, 2013, 2020, 2050, you and I will not plus. Here is where the real surplus is. terest is at this point, but we owe up- be here in 2050, Mr. Speaker, and that There is no surplus in the budget. ward of half a trillion dollars right now is one of the real difficulties that I There is a surplus in the Social Secu- to Social Security. I do not know of have with this proposal. rity fund. Mr. Speaker, what we are saying is any plan to pay it back. It is a paper So, the constituents of the good gen- for short-term political benefit, rhetor- transaction, according to those who tleman from Florida, when they say let ical benefit that will help us in an elec- want to use it for the bookkeeping us take it really off budget, what they toral capacity, ‘‘I balanced the budg- trick that it is. But, nonetheless, it is mean is do not use it as an accounting et,’’ that kind of discussion with the real people expecting real dollars to trick. Do not take money to pay your voters, that we are going to leave the come out of that fund in the future. bills from Social Security, and leave an children and the grandchildren and the Now we propose, in the name of bal- IOU in the Social Security trust fund. great grandchildren bereft of those ancing the budget, not just meeting My point, Mr. Speaker, is that this funds which are supposedly in there for current expenses. Let me explain a lit- budget document put forward by the their benefit. tle further. If we went to our mom and gentleman from Georgia [Mr. GINGRICH] One of the reasons that that is so is dad and said to them, ‘‘Look, we are and his budget team, shows, for exam- that we are going to have an ever-in- having a tough time. There was a hur- ple, in 1996, $374 billion, almost $375 bil- creasing number of people who are eli- ricane.’’ Mr. Speaker, as you know, lion coming into the Social Security gible for Social Security and a decreas- Florida has suffered through more than trust fund, and about $300 billion going ing number of people who will be work- one devastating hurricane. Hawaii suf- out. A surplus clearly of about $74 bil- ing to pay the Social Security taxes to fered through a hurricane, Hurricane lion, $75 billion. put into the fund to see that it remains Iniki, that hit the island of Kauai. The problem is that in order to solvent. That is a genuine problem that California’s tragic earthquake. Just achieve this balance, both in the year we have to look at. take those three national disasters. We 1996 and 1997, and on to the year 2002, I believe that government is for the are talking about tens of billions of the proposal of the Republican budget long term; not for the short term. I be- dollars worth of damage and subse- is to take money from Social Security, lieve that the decisions that I make quent investment by the people of this leave an IOU for the principal plus in- today have an impact on generations country in the infrastructure and so- terest, and in the year 2002, be able to to come. I think I have to take that cial stability of just those three States, claim that by borrowing from Social kind of responsibility. I cannot make a California, Hawaii, and Florida, all Security, they have balanced the budg- decision. I take that back. I am sure I across the spectrum of our society, lit- et. am as human as anybody else. I think erally and otherwise. I will indicate again, Mr. Speaker, I start thinking at any given time dur- Mr. Speaker, I consider that an in- that is not the case. What they have ing the day, ‘‘What is in my immediate vestment in the people of our country. done is shift the deficit. They are not interest? How will I have to explain I do not object to that. We have these balancing the budget. They are shifting this? What is going to be the impact on kinds of disasters. So, I suppose I could the deficit. It is as if we were taking me?’’ I am up for election in 1996. I in- go to mom and dad and say, ‘‘Mom, we our checking account and our savings tend to run 1996. How do I explain to have had a disaster occur. We have had account and then taking the savings my constituents what they need to some difficulties and we did not get account of our mom and dad, drawing know, rather than perhaps what they enough from you. My salary did not down on the savings account of our would like to hear? cover the expenses that came up. There mom and dad, and then telling our Mr. Speaker, I think my obligation was the car crash; there was the hurri- family that we have balanced the budg- as a Member of Congress is to tell peo- cane that came through. We have got et and paid all of our bills. ple what they need to know; not nec- to fix the roof. We have to get the Mr. Speaker, every bill that comes in essarily what they would like to hear. plumbers in and the carpenters. We do in the year 2002, we will be able to pay, What they would to like to hear is that not have enough money coming in. We and the revenues coming in and the we can spend more and at the same need to borrow money from you in revenues going out will match. That is time save more; that we can balance order to meet these expenses.’’ to say, they will be balanced. But we the budget, but at the same time we Mr. Speaker, we could do that. We have neglected to tell mom and dad can increase the deficit. would prefer not to, but it could be H 14250 CONGRESSIONAL RECORD — HOUSE December 11, 1995 done. So, when the accusation, if you there to be saved in order to provide services that we need at a cost that is will, is made that administrations in for the benefits for those who are eligi- sufficient and fair? the past, and as I say, they have been ble at the time that they become eligi- Mr. Speaker, I want to indicate, I Democrat and Republican administra- ble. What we have is massive amounts will reiterate from my previous discus- tions, when these administrations in of IOU’s in there. That is not real sion what is going to happen once this the past, and the Congresses in the past money. That money has been spent.is so-called balanced budget comes into have borrowed from Social Security budget and the Democratic budget are effect. and voted for the budget, it was to the same; the President’s budget is the Mr. Speaker, let me take that time meet the current expenses. They did same. What the President is trying to remaining then to give you some of the not come to the well of the floor, or go say is, if you want to try and go implications if this so-called balanced on television on news shows and to through this balancing act, you have to budget, which is really a shifting of the their constituents and say, ‘‘Oh, we are admit that you are taking it from So- deficit, takes place. I will not use my balancing the budget now.’’ cial Security; and, if you do not want own judgment on this. I will go to one Mr. Speaker, how can we balance the to take it from Social Security, you of the editorials. The gentleman from budget if we are taking money from are going to have to make sure then Florida previously quoted an editorial the Social Security trust fund and have that you do not make these drastic to me from someone who no doubt has health insurance. So I quote an edi- no plan to pay it back; pay the prin- cuts. If you make these drastic cuts, torial as well from someone who no cipal, let alone pay the interest back? you are going to have to take it not doubt has health insurance. only from Social Security, but you are That is what is to happen. The sur- The USA Today from November 6 of pluses are here. There is no question going to have to ncrease taxes or cost- this year, entitled the ‘‘Balanced Budg- that there is extra money. shift the burden to others in the soci- et Myth’’: ‘‘Each day’’—I am quoting Now, is it really extra money? The ety in order to pay the bills. now from that USA Today editorial. Now, there is one way not to pay the reason that these surpluses are there, Each day the debate over balancing the Mr. Speaker, as you may recall, in the bill; do not let people be eligible for the budget produces another dire warning. The 1980’s, the same kind of argument was payments. I understand that. When the cuts are too deep, say the Democrats. Taxes made that Social Security was going gentleman from Florida said that per- must fall, say the Republicans. But after broke, therefore, we have to have a new haps they had not gone far enough, I they compromise and begin arguing over who system to deal with it. What we did, cannot imagine what he would have in won a few weeks from now, one truth will re- Mr. Speaker, is that the Social Secu- mind. We are already attacking agri- main; both sides will be lying because nei- culture, the people who grow our food. ther is talking about a truly balanced budget rity tax was raised, the amount of at all. money that was required of us. We all We are already attacking education, This is my complaint, parentheti- see it on our paychecks. It is called the the future of the country and our chil- dren and young people. We are already cally, Mr. Speaker. F-I-C-A, the FICA tax. That is our So- The nonpartisan Congressional Budg- attacking Medicaid, the last safety net, cial Security tax. We pay the tax and et Office underscored that point re- the last stop before you fall off the that goes into the fund. cently. It pointed out that, come 2002, b board, if you are ill or disabled. 1300 We are already attacking Medicare, when the budget will be balanced, It goes into a fund right now, Mr. the only health care system available under the Republican plans the Gov- Speaker, and this was acknowledged by to millions upon millions of people in ernment will still be borrowing more than $100 billion a year. This is done by the Congress, acknowledged by the peo- the Nation at any kind of a reasonable writing IOU’s from the Treasury to So- ple of this country that they would put cost. If one wants to talk about mak- cial Security and other trust funds more money into the fund every year ing savings, that is another story. At- than was actually going to be paid out that the Congress declares off budget. tacking waste, fraud, and abuse, I am Mr. Speaker, that is not me talking. because at some point in the future all for it. Believe me, it can be done. That is USA Today talking. They are those two lines would pass one another. But I do not want to hear a lot of dis- quoting tables that I quoted from last We wanted to make sure that we had cussion from people who a year ago week indicating that that is exactly sufficient funds in the Social Security said there was no problem with health the case. We are taking from Social Se- to take care of those folks that were care now suddenly saying, it is going to curity in order to offset the budget def- coming after us down the line. That go broke. icit that we have. was our obligation, to look forward, If it is going to go broke, you fix it. This is the point then, what happens not backward or look in place, run That is what you do. You fix it. You do from that. To understand, look ahead place, but to look forward. The whole not cut it. If you cut it, you have not to 2005. That is just 10 years away. society made the decision to do that. dealt with the problems that are al- About the time it takes for an 11-year- So when we use the word surplus, that ready being dealt with. Will people not old child to go from grade school is not really true. What it is, is a sav- be sick tomorrow? Will we suddenly through college. Think of that, Mr. ings account to be drawn on at the stop having accidents? I understand Speaker, grade school through college. proper time by those who are eligible now that we are going to increase the We have heard on this floor over and for Social Security. speed limit in this country. In some over again during this budget debate I know, Mr. Speaker, that this sounds places I guess you will be able to drive that we have to pay attention to the like pretty much of a basic course that as fast as you want. Do you think there children. What is going to happen in I am delivering here. Some people may is not going to be any automobile acci- 2005 when that 11-year-old child goes to be saying: I know all of that; why is he dents, there is not going to be reper- college. going through something so obvious? cussion that come from those auto- That year a critical balance tips. In- The reason I am, Mr. Speaker, is I do mobile accidents as a result of having creased costs for Social Security will not believe that most people in the no speed limits whatsoever, that some- begin to deplete Congress’ cushion be- country know that, instead of building body is not somehow going to pay for cause the Social Security Trust Fund up the savings in the Social Security that? is a fiction, filled with nothing but trust fund so that everybody who is eli- Are we going to take people when Government promises to pay. Congress gible for it is able to receive the bene- they come to the hospital after one of will gradually lose its fudge factor. By fits that we have been systematically these accidents and say, I am sorry, we 2013, when the trust fund peaks, tax- taking the money from there, looting have got a budget that says we only payers will feel a hard bite. They will it, embezzling it, borrowing it, mort- have this much money, you will have have to start doing what the trust gaging it, you can run the whole spec- to stay in the street? I do not think funds were supposed to do, pay for the trum of adjectives and descriptive that is the kind of country that we retirement of 75 million baby boomers. phraseology. want. The question is, Are we getting The budget will plummet into a sea of The fact of the matter is we have the kind of service that we need to red ink. been taking from the Social Security have at a cost that is sufficient and That is what is going to happen. Mr. trust fund, funds that were meant to be fair and are we getting the kinds of Speaker, the facts are these: Whether December 11, 1995 CONGRESSIONAL RECORD — HOUSE H 14251 it is the Republican plan, the Repub- us come back here with a budget re- stuck up here is 85 percent raised from lican proposal, or the Democratic re- form proposal, a bill, that will put for- District of Columbia taxpayers? It is sponse, unless and until we deal hon- ward a long-term plan, 10 years, 20 indefensible to do anything but release estly with the issue of actually coming years, 30 years. That is what a mort- that money so that the District of Co- into balancing, we are not going to be gage is, 30 years, whatever it takes in lumbia can begin to systematically able to succeed. With the President’s order to truly balance the budget and plan and spend for its reform. That is initial budget, the deficit began to de- truly see to it that we meet our obliga- what this body has tried to get the Dis- cline, the rate of the deficit declined. tions to ourselves, our families, our trict to do for years. That is why with That is to say, the absolute number of children, and the heritage of this coun- a control board in place, we must be the deficit has gone down. The rate of try. set free to do that. the deficit has gone down. It has done f I have sponsored, with strong biparti- so for 3 years. This has not happened The SPEAKER pro tempore (Mr. san support, the D.C. Fiscal Protection Act, which will be marked up on since 1948 and the Truman administra- YOUNG of Florida). Under the Speaker’s tion. This is what needs to be done. announced policy of May 12, 1995, the Wednesday and Thursday. The gen- Instead of the hacksaw approach, in- tleman from Virginia [Mr. DAVIS], the gentleman from California [Mr. HORN] stead of the meat-ax approach, we need is recognized for 60 minutes. chair of the D.C. Subcommittee, is to take a gradual approach that will [Mr. HORN addressed the House. His strongly for this act because it would see to it that we are able to meet our remarks will appear hereinafter in the simply release the District to spend its obligations to Social Security, able to Extensions of Remarks.] own money. It is bad enough not to meet our obligations to our children, f have full representation in this Con- able to meet our obligations to our na- gress, but to shut us down with our tional defense, able to meet our obliga- D.C. FISCAL PROTECTION ACT: own money is nothing that any Mem- tions to ourselves as a society. Only CONTINUED ber would want to defend. then when we are truly honest with The SPEAKER pro tempore. Under a When the markup occurs, the bill ourselves about what the deficit will previous order of the House, the gentle- will be brought swiftly here. We believe be, how to get it down gradually, and I woman from the District of Columbia it could be passed swiftly in the House. have indicated that there are ways of [Ms. NORTON] is recognized for 5 min- Do not condemn us to the waste of a doing that, paying for our capital ex- utes. month-to-month CR. The last shut- penditures the way cities, States, and Ms. NORTON. Mr. Speaker, this is down forced us to pay our employees, families do, paying for our operating day 5 of my countdown to help avoid a in any case, for not working, because expenses within a budget that recog- shutdown of the Federal Government they were forced into administrative nizes the fact that we do not operate and the District of Columbia and, in leave by the Congress of the United on a year-to-year basis and other such addition, to help avoid a month-to- States. The waste and inefficiency in- reforms, I think we can achieve that month congressional resolution that volved for Federal agencies is goal. would apply to the District of Colum- unpardonable for a city in financial Until that time, Mr. Speaker, I re- bia—because on a month-to-month distress. It simply cannot be tolerated. main most reluctant to countenance basis, Mr. Speaker, one cannot run a The waste and inefficiency involved in people coming to the floor and else- large, complicated, financially trou- a month-to-month continuing resolu- where and making the pronouncement bled city. There is very promising news tion will set the District back in a re- that they are balancing the budget carried in this morning’s papers across covery that has hardly begun. when they are in fact shifting the defi- the country that there may be $100 bil- There are responsibilities that the cit and actually attacking the Social lion more money than expected, that District must take on. This body is Security trust fund in order to provide the program of the administration has correct to make sure that the District the basis for that rhetorical device. Un- worked and that we are seeing the takes on those responsibilities. But less and until, Mr. Speaker, we deal fruits come in. We are told that the who can deny that there is also a re- honestly with the American people as President has made a phone call to the sponsibility for this body. Only this to what the costs of Government actu- Republican leadership and may be com- body can pass a continuing resolution ally are to meet our fundamental obli- ing together with them in the next few to free up the District to spend its own gations, we will find ourselves subject days. In any case, Mr. Speaker, they money. Even if our appropriation to that kind of illusion. And the people are very close together. There is not a comes through, this bill must be who will have to pay for it will be our lot of difference between the two. passed, because the District must never children, will be our grandchildren. In particular, the Republican major- face this possibility again. Already it They will look back on this time and ity said to the President, give us a 7- has delayed our ability to go back into say, they knew because somewhere, year plan. Guess what? He did. Now the the market because now the market somehow, if only in the record of this only way to arrive at an agreement is says ‘‘You can never know when they Congress, somebody will be reading to get to the details, get the numbers may be shut down,’’ and that has all through the CONGRESSIONAL RECORD and nobody, surely, would shut down kinds of repercussions on Wall Street. and say, it was there. They were on the the Government or put the District on We must improve the District’s stand- floor. It is not just NEIL ABERCROMBIE a continuing resolution while you are ing. The only way to do that is not talking about it. It is the USA Today. doing the necessary work of getting to even through our appropriation, not It is Bill Welch in USA Today. It is the numbers now, that you both have even through a 1-month CR. It is Lars-Eric Nelson in the Daily News. It plans. through an act, the D.C. Fiscal Protec- is even the Washington Post editorial This morning the President is quoted tion Act, which we will mark up writers, when they get around to being as saying, Wednesday and Thursday, which would halfway honest about the Social Secu- We ought to be able to agree on one thing: broadcast to the markets that no mat- rity trust fund borrowing or embez- Nobody, nobody should threaten to shut ter what happens, if the D.C. appropria- zling, whatever word you want to use. down the Government right before Christ- tion has not been signed at the end of It is on this floor now. A dialog and mas. a fiscal year, the District can spend its a discussion has been started between I cannot believe there is a single own money. It can pay its debts. Republicans and Democrats, not just Member who would disagree with that. That is the way to go at making the between myself and the gentleman We in the District are not relaxed, D.C. government more efficient. Let from Florida, but others as well. If we though, because a month-long or a 6- the example be set here in this body. want to deal with this, let us pass a week-long or a 2-week-long continuing Keep our feet to the fire. Let this body budget that admits in 1996 that it is resolution will not help us run the Dis- keep its own feet to the fire and do the not balanced. But let us make a good- trict, which is in grave financial dis- right thing. Help us to start the Dis- faith effort to try and keep that deficit tress. trict, finally, late in this fiscal year, from rising. Let us keep the rate of the Who would want to shut down the with the efficiency that would obtain if deficit going down. And next year, let District when the appropriation that is we were able to spend our money to H 14252 CONGRESSIONAL RECORD — HOUSE December 11, 1995 begin the systematic planning and The motion was agreed to; accord- ment of a board member, pursuant to D.C. spending that will once again make the ingly (at 1 o’clock and 18 minutes Code, section 1–732 and 1–734(a)(1)(A); to the District whole. p.m.), the House adjourned until Tues- Committee on Government Reform and Oversight. f day, December 12, 1995, at 10 a.m. 1814. A letter from the Administrator, Gen- f eral Services Administration, transmitting SPECIAL ORDERS GRANTED EXECUTIVE COMMUNICATIONS, the semiannual report on the activities of the Department’s inspector general for the By unanimous consent, permission to ETC. address the House, following the legis- period April 1, 1995, through September 30, Under clause 2 of rule XXIV, execu- 1995, and the management report for the lative program and any special orders same period, pursuant to 5 U.S.C. app. (Insp. heretofore entered, was granted to: tive communications were taken from the Speaker’s table and referred as fol- Gen. Act) section 5(b); to the Committee on (The following Member (at the re- Government Reform and Oversight. quest of Mr. OBEY) to revise and extend lows: 1815. A letter from the Chairman, National his remarks and include extraneous 1803. A letter from the Secretary of Edu- Labor Relations Board, transmitting the matter:) cation, transmitting final regulations—Wil- semiannual report of the inspector general liam D. Ford Federal Direct Loan Program, for the period April 1, 1995, through Septem- Mr. POSHARD, for 5 minutes, today. pursuant to 20 U.S.C. 1232(d)(1); to the Com- ber 30, 1995, pursuant to 5 U.S.C. app. (Insp. (The following Member (at the re- mittee on Economic and Educational Oppor- Gen. Act) section 5(b); to the Committee on quest of Mr. SCHIFF) and to include ex- tunities. Government Reform and Oversight. traneous matter:) 1804. A letter from the Assistant Secretary 1816. A letter from the Chairman, U.S. Mr. SCARBOROUGH, for 5 minutes, for Legislative Affairs, Department of State, Merit System Protection Board, transmit- today. transmitting notification that the Depart- ting the annual report under the Federal (The following Member (at her own ment of State intends to provide training in Managers’ Financial Integrity Act for fiscal request) to revise and extend her re- crisis management to Morocco under the year 1995, pursuant to 31 U.S.C. 3512(c)(3); to auspices of the Antiterrorism Assistance the Committee on Government Reform and marks and to include extraneous mat- Program [ATA], pursuant to 22 U.S.C. Oversight. ter:) 2349aa–3(a)(1); to the Committee on Inter- 1817. A letter from the Chairman, Federal Ms. NORTON, for 5 minutes, today. national Relations. Election Commission, transmitting proposed f 1805. A letter from the Assistant Secretary regulations governing corporation and labor for Legislative Affairs, Department of State, organization activity, express advocacy and EXTENSION OF REMARKS transmitting the Department’s report on coordination with candidates (11 CFR parts PLO compliance, pursuant to Public Law 100, 102, 109, 110, and 114), pursuant to 2 By unanimous consent, permission to 101–246, section 804(b) (104 Stat. 78); to the U.S.C. 438(d); to the Committee on House revise and extend remarks was granted Committee on International Relations. Oversight. to: 1806. A letter from the Assistant Secretary 1818. A letter from the Executive Director, (The following Members (at the re- for Legislative Affairs, Secretary of State, National Forest Foundation, transmitting a copy of the Foundation’s annual report for quest of Mr. OBEY) and to include ex- transmitting notification that the Depart- ment of State intends to provide training to fiscal year 1995, pursuant to Public Law 101– traneous matter:) 593, section 407(b); jointly, to the Commit- Mr. MONTGOMERY. the former Yugoslav Republic of Macedonia under the auspices of the Antiterrorism As- tees on Agriculture and Resources. Mr. FRANK of Massachusetts. sistance Program [ATA], pursuant to 22 f (The following Members (at the re- U.S.C. 2349aa–3(a)(1); to the Committee on REPORTS OF COMMITTEES ON quest of Mr. SCHIFF) and to include ex- International Relations. traneous matter:) 1807. A letter from the Secretary of Agri- PUBLIC BILLS AND RESOLUTIONS Mr. CRANE. culture, transmitting the semiannual report Under clause 2 of rule XIII, reports of Mr. GANSKE. of the inspector general for the period April committees were delivered to the Clerk (The following Member (at the re- 1, 1995, through September 30, 1995, pursuant for printing and reference to the proper to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); quest of Ms. NORTON) and to include ex- calendar, as follows: to the Committee on Government Reform Mr. MCCOLLUM: Committee on the Judici- traneous matter:) and Oversight. ary. H.R. 2538. A bill to make clerical and Mr. HAMILTON. 1808. A letter from the Secretary of Edu- technical amendments to title 18, United f cation, transmitting the semiannual report States Code, and other provisions of law re- of the Office of Inspector General for the pe- lating to crime and criminal justice (Rept. SENATE BILL REFERRED riod April 1, 1995, through September 30, 1995, 104–391). Referred to the Committee of the pursuant to 5 U.S.C. app. (Insp. Gen. Act) A bill of the Senate of the following Whole House on the State of the Union. section 5(b); to the Committee on Govern- title was taken from the Speaker’s Mr. MCCOLLUM: Committee on the Judici- ment Reform and Oversight. ary. H.R. 1533. A bill to amend title 18, Unit- table and, under the rule, referred as 1809. A letter from the Chairman, Pension follows: ed States Code, to increase the penalty for Benefit Guaranty Corporation, transmitting escaping from a Federal prison (Rept. 104– S. 1431. An act to make certain technical the semiannual report of the inspector gen- 392). Referred to the Committee of the Whole corrections in laws relating to Native Ameri- eral for the period April 1 through Septem- House on the State of the Union. cans, and for other purposes; to the Commit- ber 30, 1995, and the semiannual management Mr. MCCOLLUM: Committee on the Judici- tee on Resources. report for the same period, pursuant to 5 ary. H.R. 2418. A bill to improve the capabil- f U.S.C. app. (Insp. Gen. Act) section 5(b); to ity to analyze deoxyribonucleic acid; with an the Committee on Government Reform and amendment (Rept. 104–393). Referred to the BILLS PRESENTED TO THE Oversight. Committee of the Whole House on the State PRESIDENT 1810. A letter from the Chairman, Council of the Union. of the District of Columbia, transmitting a Mr. ARCHER: Committee on Ways and Mr. THOMAS, from the Committee copy of D.C. Act 11–160, ‘‘Uniform Fraudulent Means. H.R. 2685. A bill to repeal the Medi- on House Oversight, reported that that Transfer Act of 1995,’’ pursuant to D.C. Code, care and Medicaid Coverage Data Bank committee did on the following date section 1–233(c)(1); to the Committee on Gov- (Rept. 104–394, Pt. 1). Ordered to be printed. present to the President, for his ap- ernment Reform and Oversight. Mr. YOUNG of Alaska: Committee on Re- proval, bills of the House of the follow- 1811. A letter from the Chairman, Council sources. H.R. 2243. A bill to amend the Trin- of the District of Columbia, transmitting a ity River Basin Fish and Wildlife Manage- ing title: copy of D.C. Act 11–159, ‘‘Uniform Premarital ment Act of 1984, to extend for 3 years the On December 7, 1995: Agreement Act of 1995,’’ pursuant to D.C. availability of moneys for the restoration of H.R. 1058. An act to reform Federal securi- Code, section 1–233(c)(1); to the Committee fish and wildlife in the Trinity River, and for ties litigation, and for other purposes. on Government Reform and Oversight. other purposes; with an amendment (Rept. H.R. 2204. An act to extend and reauthorize 1812. A letter from the Chairman, Council 104–395). Referred to the Committee of the the Defense Production Act of 1950, and for of the District of Columbia, transmitting a Whole House on the State of the Union. other purposes. copy of D.C. Act 11–157, ‘‘Uniform Interstate Mr. YOUNG of Alaska: Committee on Re- Family Support Act of 1995,’’ pursuant to sources. H.R. 1745. A bill to designate certain f D.C. Code, section 1–233(c)(1); to the Commit- public lands in the State of Utah as wilder- ADJOURNMENT tee on Government Reform and Oversight. ness, and for other purposes; with an amend- 1813. A letter from the Executive Director, ment (Rept. 104–396). Referred to the Com- Ms. NORTON. Mr. Speaker, I move District of Columbia Retirement Board, mittee of the Whole House on the State of that the House do now adjourn. transmitting the financial disclosure state- the Union. December 11, 1995 CONGRESSIONAL RECORD — HOUSE H 14253 Mr. STUMP: Committee on Veterans’ Af- H.R. 2755. A bill to establish a Corporate 183. The SPEAKER introduced a memorial fairs. H.R. 2289. A bill to amend title 38, and Farm Independence Commission, and for of the House of Representatives of the Com- United States Code, to extend permanently other purposes; to the Committee on Ways monwealth of Puerto Rico, relative to re- certain housing programs, to improve the and Means, and in addition to the Commit- questing the Congress of the United States veterans employment and training system, tees on Agriculture, Transportation and In- to exclude Puerto Rico from the scope of ap- and to make clarifying and technical amend- frastructure, Resources, and Rules, for a pe- plication of the Federal laws on coasting ments to further clarify the employment and riod to be subsequently determined by the trade; which was referred jointly, to the reemployment rights and responsibilities of Speaker, in each case for consideration of Committees on Transportation and Infra- members of the uniformed services, as well such provisions as fall within the jurisdic- structure and Resources. as those of the employer community, and for tion of the committee concerned. other purposes (Rept. 104–397). Referred to By Mr. OBEY (for himself, Mr. f the Committee of the Whole House on the HINCHEY, Mr. OWENS, Ms. PELOSI, and State of the Union. Mr. OBERSTAR): f H.R. 2756. A bill to direct the Secretary of ADDITIONAL SPONSORS Health and Human Services to make pay- PUBLIC BILLS AND RESOLUTIONS ments to each State for the operation of a Under clause 4 of rule XXII, sponsors Under clause 5 of rule X and clause 4 comprehensive health insurance plan ensur- were added to public bills and resolu- of rule XXII, public bills and resolu- ing health insurance coverage for individuals tions as follows: tions were introduced and severally re- and families in the State, and for other pur- H.R. 863: Mr. BEILENSON. ferred as follows: poses; to the Committee on Ways and Means, H.R. 1127: Mr. KLUG and Ms. RIVERS. and in addition to the Committees on Com- H.R. 1192: Ms. LOFGREN. By Mr. CRANE (for himself, Mr. GIB- merce, and Economic and Educational Op- H.R. 2265: Mr. CALVERT. BONS, and Ms. DUNN of Washington): portunities, for a period to be subsequently H.R. 2754. A bill to approve and implement H.R. 2276: Ms. ROS-LEHTINEN. determined by the Speaker, in each case for H.R. 2618: Mr. DELLUMS. the OECD Shipbuilding Trade Agreement; to consideration of such provisions as fall with- the Committee on Ways and Means, and in H.R. 2627: Mr. FLAKE and Mr. LINDER. in the jurisdiction of the committee con- addition to the Committee on National Secu- H.R. 2664: Mr. CREMEANS, Mr. FRISA, Mr. cerned. rity, for a period to be subsequently deter- DOOLEY, Mr. SISISKY, Mr. BAKER of Louisi- mined by the Speaker, in each case for con- f ana, Ms. WOOLSEY, Mr. MASCARA, Mr. BEREU- sideration of such provisions as fall within MEMORIALS TER, Mr. ALLARD, and Mrs. COLLINS of Illi- the jurisdiction of the committee concerned. nois. By Mr. FOGLIETTA (for himself, Mr. Under clause 4 of rule XXII, memori- H.R. 2665: Mr. TORKILDSEN. SCHUMER, Mr. MCDERMOTT, Mr. als were presented and referred as fol- H. Con. Res. 63: Mr. MENENDEZ, Mr. OWENS, and Mr. DELLUMS): lows: CUNNINGHAM, Mr. WALSH, and Mr. CALVERT. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, MONDAY, DECEMBER 11, 1995 No. 196 Senate The Senate met at 12 noon and was MORNING BUSINESS stance damages the lungs, causing a called to order by the President pro The PRESIDENT pro tempore. Under deadly accumulation of fluid quickly tempore [Mr. THURMOND]. the previous order, there will now be a and it leads to death. Those who do not period for the transaction of morning die from this gas may cough and cough f business not to extend beyond the hour for the rest of their lives. There were stories in the First World PRAYER of 1 p.m., with Senators permitted to War of people who suffered, but one of The Chaplain, Dr. Lloyd John speak therein for up to 10 minutes each. the most famous poems of that conflict Ogilvie, offered the following prayer: was written about poisonous gas, enti- The PRESIDING OFFICER (Mr. Almighty God, You have all author- tled ‘‘Dulce Et Decorum Est.’’ I will KYL). The distinguished Senator from ity in heaven and on Earth. You are not read it all, but I will read enough Nevada is recognized. Sovereign Lord of our lives and our Na- to get the point across. tion. We submit to Your authority. We f This poem starts by describing seek to serve You together here in this THE CHEMICAL WEAPONS marches and worried soldiers. The poet Senate Chamber and in the offices that CONVENTION begins the second paragraph by saying: work to help make our deliberations Gas! Gas! Quick, boys!—An ecstasy of fum- run smoothly. We commit to You all Mr. REID. Mr. President, I rise today bling, that we do and say this day. Make it a to speak about an issue that is impor- Fitting the clumsy helmets just in time; productive day. Give us positive atti- tant to the security of this Nation and But someone still was yelling out and stum- tudes that exude hope. In each difficult certainly to the world community, and bling impasse, help us seek Your guidance. that is the proliferation of chemical And flound’ring like a man in fire or Draw us closer to You in whose pres- weapons. lime... The widespread use of chemical Dim, through the misty panes and thick ence we rediscover that, in spite of dif- green light, ferences in particulars, we are here to weapons in world war provided the As under a green sea, I saw him drowning. serve You and our beloved Nation to- world with its first glimpse of these In all my dreams, before my helpless sight, gether. In our Lord’s name. Amen. agents’ destructive powers. I am cer- He plunges at me, guttering, choking, drown- The PRESIDENT pro tempore. The tain many of us here in the Senate ing. distinguished Senator from Arizona is have known someone who served in the If in some smothering dreams you too could recognized. First World War who returned to the pace United States bearing permanent scars Behind the wagon that we flung him in, And watch the white eyes writhing in his f of his exposure to terrible chemicals such as phosgene and mustard gas. If face, we do not know someone, we have His hanging face, like a devil’s sick of sin; SCHEDULE heard of people who were debilitated as If you could hear, at every jolt, the blood Come gargling from the froth-corrupted Mr. KYL. Mr. President, on behalf of a result of these agents. lungs, the leader I would like to make the fol- I was with Vice President GORE re- Obscene as cancer, bitter as the cud lowing announcement: Today there cently when he talked about his uncle, Of vile, incurable sores on innocent will be a period for morning business his father’s brother, who returned from tongues, . . . until the hour of 1 p.m. At 1 p.m., the the First World War injured as a result Mr. President, that describes quite Senate will resume consideration of of chemical weapons. The Vice Presi- well what poisonous gas does to a Senate Joint Resolution 31, the con- dent indicated how his uncle coughed human being. But it did not end in stitutional amendment regarding the and suffered from this condition until World War I. Iran and Iraq have poi- desecration of the U.S. flag. he died. sonous gas. In the 1980’s, Iraq used poi- Under the provisions of the consent Thousands of American veterans suf- sonous gas weapons against its enemy agreement reached on Friday, amend- fered for years from illnesses, like the Iran in the Iran-Iraq war, and launched ments will be offered and debated Vice President’s uncle, because they a campaign of terror with chemical today, however no rollcall votes will were exposed to gas. Thousands more weapons against its own population, occur during today’s session. Any votes never came home, having died as a re- the Kurds, in their own country. ordered on the amendments will be sult of this. Mr. President, 80 percent In the words of a Kurdish refugee who stacked to begin at 2:15, Tuesday after- of the gas fatalities in World War I survived the bombing of his village by noon. were caused by phosgene. This sub- an Iraqi aircraft, he said:

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

S18305

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VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18306 CONGRESSIONAL RECORD — SENATE December 11, 1995 The planes dropped bombs. They did not tant arms control measure this year is subject to its requirements. The CWC produce a big noise. A yellowish cloud was a serious mistake. is the first treaty that penalizes coun- created and there was a smell of rotten pars- The Chemical Weapons Convention is tries that do not join and rewards those ley or onions. There were no wounds. People unique among weapons treaties in that would breathe the smoke, then fall down, that do. and blood would come from their mouths. it will, when ratified, eliminate an en- Once the convention comes into tire class of weapons. force, member countries will be prohib- According to a 1988 Foreign Relations The convention bans the develop- ited from exporting certain treaty-con- Committee report on the Iraqi chem- ment, production, stockpiling, and use ical weapons attacks: trolled chemicals to nonmember of chemical weapons by its signatories. states. Because businesses that produce Those who were very close to the bombs It requires the destruction of all chem- goods such as pharmaceuticals and fer- died instantly. Those who did not die in- ical weapons and production facilities. stantly found it difficult to breathe and tilizers need these chemicals for pro- began to vomit. The gas stung the eyes, skin, Under the terms of the convention, duction, there would be enormous pres- and lungs of the villagers exposed to it. the Russians would be required to de- sure on nonmember governments to Many suffered temporary blindness. After stroy an estimated 40,000 metric tons of join to give their industries access to the bombs exploded, many villagers ran and chemical weapons, including 32,000 these chemicals. submerged themselves in nearby streams to metric tons of nerve agents. Unfortunately, the convention is not escape the spreading gas. Many of those who The convention also provides the made it to the streams survived. Those who likely to ever come into force without most extensive and intrusive American leadership. The U.S. commit- could not run from the growing smell, most- verification regime of any arms control ly the very old and the very young, died. ment to chemical weapons disar- treaty, for it permits the inspection of mament, as evidenced by our Nation’s Since the end of the Persian Gulf both military and commercial chem- prominent role in drafting the conven- war, international inspectors have de- ical facilities. This is an important tion, was fundamental to creating the stroyed over 100,000 gallons of chemical safeguard against commercial facilities spirit of cooperation that led to the weapons, and over 500,000 gallons of being used for military production of treaty being signed by so many coun- precursor chemicals used to produce chemical agents, as was the case in tries. chemical weapons from Iraqi stock- Iraq. The U.S. failure to ratify the treaty piles. That is 10,000 50-gallon drums. To help prevent incidents such as the While the use of chemical weapons Tokyo nerve gas attack, the conven- calls into question our commitment to during wartime is both horrifying and tion requires its members to enact laws its goals and threatens to fracture tragic, even more terrible is the pros- criminalizing civilian violations of its international support for the treaty. If pect of these weapons being used by terms. Under the convention, member the United States, which holds some of terrorists to further their aims. countries would have to pass national the world’s largest stockpiles of chem- The deadly gas attacks that occurred level legislation criminalizing the ical weapons, does not ratify the trea- in the Tokyo subways in March are a manufacture and possession of chemi- ty, other nations will find little moti- chilling indicator of the potential ter- cals by private groups such as the reli- vation to do so. rorist threat chemical weapons rep- gious sect that initiated the subway at- The United States can no longer af- resent. The nerve gas, sarin, was used tack in Japan. ford to delay giving its support to im- by the terrorists in the Tokyo incident I understand the chairman of the plementation of the Chemical Weapons and it was a relatively low-grade com- Foreign Relations Committee has seri- Convention. position of the gas. If the terrorists had ous concerns about the verifiability The United States is already bound access to a more concentrated form of and enforceability of the convention’s by law to destroy its chemical weapons the gas, their attack could have killed terms. But I believe the proper way to stockpile by 2004. The Convention thousands of innocent commuters. We address these concerns would be to would require all other member na- can only imagine the terrible con- allow the treaty to be fully debated in tions to do the same. sequences of an attack such as that oc- committee and on the Senate floor. Any state that refuses to join the curring in a U.S. city. If there are concerns about other na- treaty will be isolated and its access to The potential security threat to the tions’ compliance with the treaty, the precursor chemicals will be limited. United States and its citizens from the answer is not for the United States to And we have explained why that is im- use of chemical weapons has been a se- abandon it. As a member of the conven- portant to the pharmaceutical develop- rious concern to both the current ad- tion, the United States will be better ment of, and the simple construction ministration and its predecessors. Ne- able to monitor compliance. of, fertilizers. gotiations on the terms of a chemical In 1990, the United States and the So- Universal compliance cannot be weapons treaty began during the viet Union signed a bilateral destruc- achieved immediately, but there is no Reagan administration, and President tion agreement calling for each side to doubt that the convention will slow Bush signed the Chemical Weapons destroy its chemical stockpiles to a and reverse the current pace of chem- Convention, also called the CWC, in maximum level of 5,000 tons. The ical weapons proliferation. 1993. United States has been destroying its And while the CWC cannot prevent The Clinton administration contin- chemicals in accordance with the every potential threat of terrorist ued American support for the treaty, agreement, but Russia has not. chemical attack, it can greatly reduce and on November 23, 1993, President If the convention comes into force, the threat by halting and reversing the Clinton submitted the convention to with both the United States and Russia proliferation of chemical weapons. If the Senate for ratification. Neverthe- as members, Russia would be legally we eliminate chemical stockpiles, we less, although the United States was a bound to destroy its stockpile com- eliminate potential terrorist Weapons. primary architect of the convention pletely and accept challenge inspec- In addition, we greatly diminish the and has signed it along with 159 other tions of both private and military threat of chemical weapons to U.S. nations, the United States is not yet a chemical facilities. troops in future military operations. member of the convention because the If the United States suspected Russia The Senate must not shy away from Senate has failed to act to ratify it. of violating the terms of the treaty, it taking this important step toward the The convention must be ratified by 65 could demand a challenge inspection. elimination of all chemical weapons. nations to come into force. To date, Within days, international inspectors We should act now to create a more se- only 42 nations have ratified it. could be at the door of suspected facili- cure present for the country and a An overwhelming majority of the ties to check for violations because all more secure future for generations to Senate supports ratification of this im- signatories of the convention are re- come. portant treaty, but the Senate has been quired to permit inspections of both This is not a partisan issue. In July, prevented from debating and voting on known and undeclared chemical pro- 1994, former President Bush wrote to ratification by the Foreign Relations duction facilities with little or no Senator LUGAR to express his support Committee’s failure to act on it. warning. for the convention. He stated. I believe the Foreign Relations Com- Of course, nations must become This convention clearly serves the best in- mittee’s failure to act on this impor- members of the convention to become terests of the United States in a world in

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18307 which the proliferation and use of chemical BAN ON MILITARY-STYLE My home State of California knows weapons is a real and growing threat. United WEAPONS all too well the tragedy of assault States leadership played a critical role in Mrs. FEINSTEIN. Mr. President, it weapons. There are incidents that real- the successful conclusion of the Chemical ly led to my resolve to make this the Weapons Convention. United States leader- would appear that the leadership of the ship is required once again to bring this his- other House is threatening to repeal main priority of my legislative agenda toric agreement into force. I urge the Senate the ban on military-style assault weap- in 1993, and I want to go through them. to demonstrate the U.S. commitment to ons. They promised to hold a vote be- In 1984, in California, a man by the abolishing chemical weapons by promptly fore the end of the year. name of James Huberty walked into a giving its advice and consent to ratification. According to information from the McDonald’s in San Ysidro with an Uzi. And, in a bipartisan show of support Speaker’s staff, he is apparently hoping He killed 21 people including 5 chil- dren; 19 were wounded. for the treaty, the Senate passed by to sneak the repeal through the House In 1989, an unstable drifter, with a voice vote a sense-of-the-Senate resolu- of Representatives in the rush to finish business before the Christmas holiday. weapon modeled after an AK 47, walked tion calling for rapid action on the con- into a Stockton schoolyard and, for no vention earlier this year. Although this may work in the House, it will not work in the Senate. reason, fired 106 rounds. Five children Mr. President, When I started my I wrote this legislation. It was incor- were killed, 29 were injured. statement today, I recalled the horrors porated into the 1994 crime bill. It was Then on July 1, 1993—and this did it and widespread use of chemical weap- passed by both the House and the Sen- for me—a lone gunman carrying two ons in World War I. They were real. ate after substantive and prolonged de- Intratec TEC DC–9 semiautomatic They affected people. They killed peo- bate. It has been in place for just 14 weapons, a pistol and 500 rounds of 9 ple. They injured, and they damaged months. It passed with bipartisan sup- millimeter ammunition walked into people. In response to those horrors the port. It is my commitment, if this the Pettit & Martin law firm on the 33d world community developed the Gene- comes to the floor of the Senate, to floor of 101 California Street, a Heinz- va Protocol, which banned the use of wage the mother of all filibusters, to designed high rise in the middle of chemical weapons. keep the Senate in session throughout downtown San Francisco. He opened However, although the Geneva Pro- the holiday break, if necessary, if the fire. Eight people died, six were wound- tocol was passed in 1925, the U.S. Sen- attempts to repeal this legislation ed. ate did not recommend its ratification move forward. This is the specific action which gal- until 1975. We must not let 50 years This legislation specifically protects vanized it for me. I think the American pass before we act on the Chemical legitimate weapons used for hunting people need to know a little bit more Weapons Convention. and recreational purposes. Congress about it and how this happens. These were the weapons he carried. Mr. President, I extend my apprecia- can either side with the citizens of this These are the 50-round clips, the 30- tion to Senator BINGAMAN for bringing country who are overwhelming in num- round clips he carried, and so on. to the attention of the Senate last ber who want assault weapons off their streets or they can side with the Na- This is the gentleman—this is Gian week the matters that were held up in Luigi Ferri. He did not buy these weap- the Foreign Relations Committee. tional Rifle Association whose selfish ‘‘I want it my way’’ persists no matter ons in California because California I also extend my appreciation to the what. The choice should be clear to all had a law. He went across the border to majority leader for working to bring of us. Nevada and bought them. He died on these matters to the Senate floor. For the purpose of those who are new the stairwell of this building. He was One of the things that was part of to the Congress and for those who may only stopped when he was trapped in that agreement was that this treaty have forgotten some of the facts the stairwell between floors after an would be reported to the Senate floor brought out in the debate in the last employee pulled the fire alarm and no later than April 22. That is good. session, allow me to summarize why that locked all the doors so he could I urge the chairman of the com- this legislation is so important. not escape. mittee, however, to schedule action on First, removing military-style semi- This is what Pettit & Martin looked this convention as soon as possible so automatic assault weapons has the like. These are the shattered windows that the Senate can vote on this quick- widespread support of our citizens. A of the office, the bullet holes through ly and do it without regard to partisan- Los Angeles Times national poll con- the windows—indiscriminate shooting. ship. It is important that we bring this ducted between October 27 and October And then we get to the victims. These matter to the floor of the U.S. Senate. 30 of this year showed that 72 percent are a few of the people who died that Chemical weapons are a scourge, and of the American people support main- day. Specifically, Jody Jones-Sposado, they should be eliminated. taining the ban on assault weapons. 30 years old. She was the first victim There is bipartisan support for this leg- killed by Ferri. She worked part time I appreciate the patience of the Chair islation. Presidents Reagan, Carter, at a Lafayette, CA, company which or- and other Members of the Senate for Ford, and Clinton endorsed this legisla- ganizes corporate conferences. She was extending me an additional 5 minutes. tion during its debate in 1993. Repub- just visiting 101 California Street on Mrs. FEINSTEIN addressed the lican and Democratic elected officials July 1 to file a deposition. She was Chair. from around the country endorsed it, shot five times. She left a husband, The PRESIDING OFFICER. The Sen- including Republican mayors Rudolph Steve Sposado and a 9-month-old child ator from California. Giuliani of New York and Richard at the time by the name of Meghan. Mrs. FEINSTEIN. Mr. President, I Riordan of Los Angeles. Every major Both Steve and Meghan came back nu- ask to speak in morning business for 20 law enforcement group in this Nation, merous times to testify on behalf of minutes. groups of both rank and file and law this legislation. The PRESIDING OFFICER. Without enforcement management, oppose the This is a young attorney, Jack Ber- objection, it is so ordered. repeal. And groups representing 90 mil- man, 35 years old. He was representing Judy Sposado, who lies next to him in Mr. CRAIG. Mr. President, reserving lion Americans have endorsed the ban the photo, when he was killed by Ferri. the right to object—and certainly not on assault weapons. These include phy- sicians who have seen what assault He was a young labor lawyer. He was on this issue—but I come to the floor weapons do to human flesh, educators preparing for his first trial. He was to speak. I would prefer if you could who live daily with the militarization about to celebrate his third wedding allow this Senator 10, and then go back of our schools, clergy who counsel the anniversary with his wife Carol just 1 to the issue, if you would not mind. Is victims, victims who have seen their month later. The two have a baby boy. their objection to that? loved ones torn apart, trauma physi- This below is Mike Merrill, whose Mrs. FEINSTEIN. Thank you. cians whose emergency rooms look like wife and children I have had the pleas- The PRESIDING OFFICER. The Sen- military hospitals, and a strong major- ure of meeting. Mike was a vice presi- ator from California is recognized for ity of the American people who say dent of the Trust Co. of the West. He 10 minutes. ‘‘enough is enough’’ in this gun-happy was shot through the glass of his win- Mrs. FEINSTEIN. I thank the Chair. country. dow as he sat at his desk. You can see

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18308 CONGRESSIONAL RECORD — SENATE December 11, 1995 his cup of coffee. You can see his com- ‘‘antigun’’ fanatic. To the contrary, I am a ons in four States. That should tell us puter is still on. Ferri, though, shot person who believes in the right to bear arms a lot about how these weapons are used him. Mike crawled under his desk, and but we do not need assault weapons that are on the streets. Ferri returned, shot through the desk strictly people killers. Let me for a moment describe what I have seen firsthand the damage these this legislation actually did and did and killed him. weapons can inflict, as a 20-year-old soldier Mike’s wife Marilyn and two chil- in Vietnam . . ., to seeing too many shooting not do. dren, Kristin, 5, and Michael, 3, now re- victims on our streets as a San Francisco po- The law stopped the future manufac- side in Alamo, CA, in the dream house lice officer for 25 years . . ., myself being a ture of 19 specific kinds of military- that Mike helped to design. shooting victim of a barricaded suspect . . ., style semiautomatic assault weapons. Now you know why I feel so strongly and witnessing firsthand the carnage at 101 They looked like this. Also, the copy- about this legislation. There is a rea- California and finally, holding Officer James cat versions of those weapons. son why so many, from so many walks Guelff in my arms trying to keep him alive The law specifically protected 670 after he was shot at Pine and Franklin guns that have legitimate hunting and of life, have stepped forward to lend Streets. their support for this legislation. Our recreational purposes. Each one is list- I must say that I am an outdoorsman, a ed. It stopped the future manufacture police officers, our children, our family hunter, I enjoy my trips to the mountains to members, are being gunned down by re- carry on the great heritage of hunting and of large-capacity ammunition feeding venge killers, drug dealers, gang mem- camping. But you will find no Uzi’s, TEC–9’s, devices that hold more than 10 rounds. bers, carrying military-style assault AK–47’s, or other such weapons of war in my In my view, that is the most important weapons. house. thing. If you have a five-shot revolver, when No question about it. The AK 47 is In February 1995, a rookie police offi- the individual reloads, you have a the gun of choice among gang mem- cer by the name of Christy Lynne Ham- chance to get to him and disarm him. bers. They are killed on street corners, ilton, a 45-year-old mother of two, just If you are carrying 50 rounds in a semi- in high rise office buildings, in front of 4 days on the job—she had been voted automatic military-style assault weap- shopping malls, in fast food res- the rookie of her class—was gunned on, you have no chance. Someone could taurants. In the last 15 years, in Los down by a 17-year-old boy armed with enter this Chamber and wipe out 50 Angeles, 9,000 people have died as a re- an AR–15 assault weapon. people and you could not get to him to sult of gangs—9,000 people. On March 28, 1995, Capt. James Lutz, a 30-year veteran of the Waukesha, WI, disarm him. Here are a few facts. According to a In addition, the legislation grand- search of newspapers throughout the Police Department died in a hail of bullets from a Springfield M1–A assault fathered assault weapons manufactured country conducted by my office, in the prior to the law’s enactment. It ex- rifle when he intercepted two fleeing last 7 months, since it was rumored empted sales for law enforcement pur- that the House would try to repeal the bank robbers. In November of that same year in poses, it required a study by the Attor- assault weapons ban, there have been ney General and it sunsets after 10 Washington, DC, an angry young man 76 incidents involving assault weapons years. armed with the same TEC–9 assault in 25 States in which 37 adults were So, as you can see, it is moderate, it killed, 40 were wounded, 7 children pistol took the elevator to the third is reasonably drawn and it is a fair ef- were killed, and 6 were wounded; 9 po- floor of the Metropolitan Police De- fort. If I had my way, I would ban the lice officers were killed including 1 FBI partment where he shot and killed possession of assault weapons any- agent, and another 3 were wounded. three police officers. where in the United States of America, The assault weapon is also the gun of On March 8, 1995, in Chicago, a rookie but there were not going to be the choice if you are going to go up against police officer, Daniel Doffyn, was killed votes for that. This is a moderate law. a police officer. If he is carrying a six- by a known gang member armed with a There is also evidence that the ban is shot .38, he does not have a chance. TEC–9 assault pistol. working. Similar State laws, which In both California and throughout On April 26, 1995, in Prince Georges have been in place longer, are showing the Nation we are seeing police officers County, MD, officer John Novabilski signs of success. In Maryland, the ban outgunned. Here the assault weapon was working at a local convenience on assault pistols and high-capacity again gives the edge to the perpetrator. store as an off-duty uniformed security magazines of more than 20 rounds led No incident better conveys the danger guard when an assailant armed with a to a 55-percent drop in assault pistols of being a police officer than what hap- MAC–11 assault pistol shot him 10 recovered by the Baltimore Police De- pened on November 13, 1994, in San times. partment. Francisco. These and other senseless deaths are In Connecticut, the chief of police of This is James Guelff, a 38-year-old chronicled in a report entitled ‘‘Cops Bridgeport has credited the State as- San Francisco police officer, an out- Under Fire,’’ prepared by Handgun sault weapons law with reducing as- standing police officer, often the first Control, Inc. This chart, first of all, saults with firearms by 30 percent. to the scene of a crime. I attended his shows the number of law enforcement Nationally now, this legislation has funeral. officers killed with assault weapons or only been in effect for 14 months, but He had received a call that there was guns sold with high-capacity maga- we are beginning to see a decrease in a man with a gun at an intersection. zines from January 1, 1994, to Sep- the use of assault weapons. He raced in this squad car to the inter- tember 30, 1995. If you look at this, you In 1993, the year before the ban went section. He was armed with a six-shot will see, of all the weapons traced, 36 into effect, just 19 specifically named service revolver. The gunman that he percent were with assault weapons or assault weapons accounted for 8.2 per- faced at the intersection had more am- firearms with high-capacity magazines. cent of all traces. In 1994, the year in munition than the entire compliment Mr. President, 36 percent of the officers which the ban became effective, these of 104 police officers that eventually killed since January 1, 1994 have been traces for these 19 weapons fell to 6.3 came to the scene to try to stop him. with assault weapons. You cannot tell percent. And since the ban became ef- The only way he was stopped—be- me this legislation will not make a dif- fective on September 13, 1994, through cause he was clad in a Kevlar vest and ference. the end of last month, the share of a Kevlar hat—was because of the angle The report also makes it clear, and traces represented by all assault weap- of the bullet that was able to penetrate this is very interesting, that the bad ons fell to 4.3 percent. him and eventually kill him. guys know how to find these weapons. Thus, we have seen a decrease in the I want to read a statement written A 1991 survey of 835 inmates in 4 likelihood that criminals will obtain about this by the commander, Richard States—these are inmates now—found one of these weapons, and one of the Cairns, the captain of police, regarding that 35 percent of them reported own- very real reasons for that is that the this incident: ing a military-style or semiautomatic price is going up because of the short- I implore you to do all in your power to rifle, and 53 percent of them who were age of the weapons. So they are not as stop this attack on the legislation that will affiliated with gangs reported owning a easy for a criminal to obtain. save police officers’ lives in our country. I military-style weapon. That is 53 per- The use of these guns to kill police am not a person that can be described as an cent of gang-oriented inmates in pris- officers has also been decreasing. In

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18309 1994, when the law was not in effect for through Mark and into Kevin who was sit- Kenneth Brondell, Jr. letter to Senator most of the year, the Handgun Control ting in the passenger seat. They were also Dole on the death of his sister, Christy study found that assault weapons ac- surprised that all of us are still here today. Brondell Hamilton, a Los Angeles Police Of- ‘‘I think that it is really sad that there’s a counted for 41 percent of police gun ficer: chance that when your kids go out at night, ‘‘On February 22, 1994, my sister, Los Ange- deaths where the make and model of or any time at all, they may never come les Police Officer Christy Brondell Hamilton, the weapon were known. back. You shouldn’t have to even think that only four days out of the Police Academy, In 1995, this proportion has fallen to that is even possible, but it is.’’ was shot and killed. She was slain by a 17 28.6 percent, a 30-percent decrease. Margaret A. Ensley, founder of Mothers year old boy who had first killed his father. So cop killings with these weapons Against Violence In Schools (MAVIS): The boy called the police to summon them to are down. Criminals have not switched ‘‘My son was murdered while he was trying the scene with the intention of ‘killing some to get an education. Something is wrong cops.’ He then used his father’s Tec-9 Assault from killing police with assault weap- when we can no longer view schools as a ons to killing them with other guns. Rifle to take his own life.’’ sanctuary for our children. Maybe your atti- ‘‘I served in Vietnam. I am a Firefighter Police deaths from guns in 1995 are tudes about gun control would be different if and the son of a retired Los Angeles Police running 16.5 percent below the 1994 one of your children were hurt or killed by a Sergeant. I have pictures of direct ancestors pace. gun. who were veterans of the Civil War and Yet, despite the hard facts, despite ‘‘Our children are afraid to go to school, World Wars I and II. My family knows what the sound reasoning, despite 72 percent movies, libraries and parks. We must give weapons are for and we have used them. them back their childhood. We can’t if ev- of the American people wanting to sus- ‘‘The notion, however, that anyone who eryone is armed. wants to own a war rifle can purchase one tain this ban, here we are once again ‘‘To Senator Dole and others in support of and thereby have the ability and even the waging the same battle. I am really overturning this weapons ban, I say the only right to determine who among us should live thing that makes me a victim of violent amazed, and I have to ask people: What and who should die is incredible to me. crime and not you, is not economics, reli- hunter needs an assault weapon to kill ‘‘Sadly we cannot stop all violence, but the gion, culture or beliefs. The thing that sepa- a duck when most States limit the assault weapons ban has made a step toward rates us is circumstance. Don’t walk in my number of bullets in a clip to three? limiting the access of these tools of war from shoes before you decide to do the right What hunter needs an assault weapon those who would threaten the safety of us thing.’’ all. The world will be a better place if one to kill a deer when most States limit Carole Montgomery, on the death of her more police officer completes his or her the number of bullets in a clip to husband’s brother, Theron: seven, and I think only one does 10? ‘‘I am writing this letter to you to show watch, if one more commuter has an un- eventful ride, and if one more office worker What target shooter needs a weapon my family’s support for the Assault Weapons Ban. My husband’s brother was murdered by returns home at the end of the day. of war to enjoy the sport? ‘‘Will the Congress of the United States re- Indeed, who besides drug dealers and a crazed gunman who went out and legally bought an assault weapon for the sole pur- peal the assault weapons ban and help turn hit men, revenge seekers and pose of killing. My brother-in-law worked at our cities into the likes of Belfast or Beruit? lustkillers find any utility in weapons NBC in New York City. Our Democratic Government works. Civil- intended to kill as many people as pos- ‘‘He was trying to point this madman out ians have no need to hold the power of vio- sible as quickly as possible? And how to the police when he made eye contact with lent insurrection against the United States. on Earth can we turn our backs on law his murderer and was shot once in the back. From the Civil War to Waco, Texas, our de- mocracy has rebuffed violent overthrow and enforcement’s leadership and rank and He died four hours later on the operating table. Everyone in New York City has called anarchy. The tools of war only serve to harm file throughout this country? those who the government is charged to pro- So I urge every American to join this him a hero, but it is of no solace for the peo- ple he left behind. tect. crusade. We must prevail. If the issue ‘‘We are appalled that Congress is trying to ‘‘Please save innocent lives. Please spare is raised in the Senate, I promise that overturn this ban. Theron was murdered a others the grief that my family has known. the reasons to preserve this legislation few weeks before the ban went into effect. Support the ban on assault weapons. One of will be exhaustively detailed for the Had it been in effect, maybe my brother-in- the lives you save may be someone you love.’’ RECORD time and time again. I promise law would still be alive.’’ that the stories of every victim of an Carole Ann Taylor, on the death of her 17 Mrs. FEINSTEIN. I ask unanimous year old son, Willie Browning Brooks IV: consent that a list of law enforcement assault weapon shooting that we can ‘‘One bullet fired from that AK–47 struck find will be told on this floor and that my son’s back, as he opened the screen door leaders supporting the need for this the horror that these weapons are to his friend house. Willie dialed 911 for help. legislation be printed in the RECORD. bringing to our streets are made That call was the last living act he finished, There being no objection, the mate- known. before collapsing from the gunfire. rial was ordered to be printed in the In conclusion, I ask unanimous con- ‘‘Five months short of his eighteenth RECORD, as follows: birthday, one bullet, fired from an AK–47, sent that some personal statements LAW ENFORCEMENT OPPOSING A REPEAL OF shattered my whole being. An assault weap- THE ASSAULT WEAPONS BAN from family members who have lost on of mass destruction and someone with ac- loved ones to assault weapons gunfire cess to it ended Willie’s dream of becoming Combined Law Enforcement Association of be printed in the RECORD. an adult and a productive citizen in this Texas. There being no objection, the mate- America we call civilized. Federal Law Enforcement Officers Associa- rial was ordered to be printed in the ‘‘My last memory of my child, that slips tion. Fraternal Order of Police. RECORD, as follows: within my dreams, is my son laying on a gurney, eyes half opened and lifeless. International Association of Chiefs of Po- Lindsay Hempel, who, as a 15-year-old ‘‘Why? I ask, as any mother would. lice. school sophomore, saw friend, Mark Goodin, ‘‘I ask this 104th Congress, as well as Sen- International Association of Police Offi- murdered: ator Bob Dole, ‘Was I in error to raise my cers. ‘‘I was talking to my mother when a cop son to live in a civilized society or would National Association of Police Organiza- walked over to make sure I was ok. As he military training for war have been more ap- tions. walked over I heard one of the boys say propriate in sustaining his life?’ If in fact National Organization of Black Law En- Mark had died. I asked the man and he said, this is a civilized society, the assault weapon forcement Executives. ‘Yes, your friend has died. I’m sorry.’ must remain on the ban list. National Sheriffs Association. ‘‘When I heard that, my stomach dropped. ‘‘I cannot bring the son I loved so much National Troopers Association. I looked over to Mark and all I saw was a back no matter how long I cry or pray, but Police Executive Research Forum. bright yellow bag that they covered him I can, in his precious memory, work to save Police Foundation. with. The first thing that came to my mind others from gunfire. California State Sheriff’s Association. was that I prayed and Mark still died. But ‘‘My son Will Browning Brooks looked to California Police Chiefs Association. then I realized that since I was so sure that me for parental protection and guidance, and Alameda Police Chief Burnham E. Mat- he was going to be alright, he is. He’s in a as his parent as well as a citizen of the thews. place where nothing this terrible can happen. United States, I am looking to you, the 104th Alameda County Sheriff Charles C. Plum- ‘‘Later, I found out that the bullet that Congress, for protection and guidance. mer. killed Mark went through the trunk, ‘‘Willie’s death by gunfire is not acceptable Auburn Police Chief Michael A. Morello. through an ice chest and into his back. He to me. Not even one death by gunfire should Bear Valley Police Chief Marcel J. Jojola. died instantly. The gun used was a Yugo- be acceptable to any of us. These assault Campbell Police Chief James A. Cost. slavian assault rifle. The cops told us that weapons have no place in any town, city or Carmel Police Chief Donald P. Fuselier. we are very lucky that the bullet didn’t go state in America.’’ Chino Police Chief Richard Sill.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18310 CONGRESSIONAL RECORD — SENATE December 11, 1995 Delano Police Chief Gerald M. Gruver. Mr. CRAIG addressed the Chair. gress do? What will the President do? Dixon Police Chief Rick C. Fuller. The PRESIDING OFFICER. The Sen- Can they strike a budget agreement Downey Police Chief Gerald C. Caldwell. ator from Idaho. this week? Will they develop a con- El Monte Police Chief Wayne C. Clayton. tinuing resolution that goes on after Exeter Police Chief John H. Kunkel. f Christmas? Will they be able to break Escondido Police Chief Michael P. Stein. BALANCING THE BUDGET Fremont Police Chief Craig T. Steckler. with the past and truly begin to reduce Gardena Police Chief Richard K. Propster. Mr. CRAIG. Mr. President, for just a the debt and the deficit bringing the Glendale Police Chief James E. Anthony. few moments I would like to speak Government’s budget into balance? Half Moon Bay Police Chief Dennis K. about the budget and the happenings of Will they really remember that the Wick. this weekend on all the talk shows and taxpayers of this country are being Hawthorne Police Chief Stephen R. Port. the Presidential and Vice Presidential taxed more than ever in the history of Huntington Beach Police Chief Ronald E. messages that were delivered to the our country?’’ Lownberg. American people. And yet, when we work the numbers Imperial County Sheriff Oren R. Fox. Irvine Police Chief Charles S. Brobeck. I guess I can tell you, Mr. President, a little bit, and we find an extra $100 Irwindale Police Chief Julian S. Miranda. while I remain not surprised by the billion between now and the year 2002, Laguna Beach Police Chief Neil J. Purcell. message of our President and Vice there appears to be no consideration to La Habra Police Chief Steve Staveley. President, I can tell you that I am apply it to deficit, only to apply it to Lodi Police Chief Larry D. Hansen. highly disappointed, for it is they who a Government program, largely be- Lindsay Police Chief Bert H. Garzelli. over the weekend threatened a Govern- cause we have heard nothing but whin- Los Angeles County Sheriff Sherman ment shutdown if they could not get ing and crying out of the White House Block. over the last month that we are de- Manhattan Beach Police Chief Ted J. their way with the Federal budget. Mertens. They would like to argue that it would stroying all these marvelous Federal Menlo Park Police Chief Bruce C. be the fault of the Congress, but it was programs, when in fact none of them is Cumming. Congress that sent to the President being cut; only the rate of increase is Montebello Police Chief Steve Simonian. this last week a budget, and it was the being reduced to try to bring the budg- Monterey Police Chief F.D. Sanderson. President who vetoed that budget, and et into balance. Morgan Hill Police Chief Steven L. then sent to the Hill a budget that was Mr. President, I challenge you to go Schwab. not even within the agreement that he dry, to take an Alcoholic’s Anonymous Newport Beach Police Chief Bob McDon- had struck less than 2 weeks ago. As a approach to this—in other words, cold nell. turkey it. That is what the American Novato Police Chief Brian Brady. result of that, he now proposes for the Oakland Police Chief Joseph Samuels, Jr. Congress to reconvene a budget con- people are asking for, that you do not Oxnard Police Chief Harold L. Hurtt. ference with nearly a half a trillion keep asking for more and more money, Palm Springs Police Chief Gene H. dollars of difference between the White more and more spending, more and Kulander. House and the Congress of the United more of their hard-earned money, but Patterson Police Chief William D. Mid- States. leave it where it is. Come to the table, dleton. The Washington Post, which is not balance the budget, and start thinking Petaluma Police Chief Dennis DeWitt. known for its conservatism, I thought on the positive side of a balanced budg- Piedmont Police Chief Jim Moilan. made an important observation in an et instead of the negative side that Pittsburg Police Chief Willis A. Casey. somehow some Government program Placer County Sheriff Edward N. Bonner. editorial on the 12th when they said Redding Chief Robert P. Blankenship. the President’s latest budget proposal, might be cut. Rialto Police Chief Dennis J. Hegwood. his third this year—in other words, What is the positive side? Well, as Richmond Police Chief William M. twice he has not been able to get it you know, Mr. President, there are Lansdowne. right—is a disappointment. Even the many, many positives. A lot of us have Sacramento Police Chief Arturo Venegas, Washington Post says it ‘‘* * * is a dis- talked about it in the last few days Jr. appointment. It retains the basic weak- here about the ability of families to San Buenaventura Police Chief Richard F. have more money to spend or to save, Thomas. nesses of the one that he put forward in June that it pretends to supplant. Mr. about the ability of the economy to San Carlos Police Chief Clifford Gerst. grow and have a greater level of jobs, Clinton continues to back away from San Diego County Sheriff William B. to see our unemployment rate continue Kolender. the serious part of driving down the to go down. Mr. President, I really be- San Luis Obispo Police Chief James M. deficit. He tries to balance the budget lieve that is what the American people Gardiner. wearing a Santa [Claus] suit, and the would like to hear as a message from San Mateo County Sheriff Don Horsley. simple fact is that you can’t.’’ Santa Claus on Christmas, is that the San Francisco Police Chief Anthony Ri- Mr. President, I will tell you that the bera. budget is going to be balanced, that we revelation over the weekend that there City and County Police Captain Richard J. are going to stay within our spending might be another $100 billion worth of Caims. limits and that what new moneys spending, while the American people Santa Ana Police Chief Daniel G. McCoy. might be found could be applied to the watch what you say and listen to what Santa Barbara Police Chief Richard A. deficit. Breza. Congress says, they happen to fear that So, ho, ho, ho, Mr. President. It is Santa Clara Police Chief Charles R. Arolla. kind of Santa Clausism right on the Santa Cruz County Sheriff Mark S. Tracy. not time to fool the American people eve of Christmas, because they are very with your Santa Claus tactics that Santa Cruz Police Chief Steven R. Belcher. fearful that the party that now clings Santa Paula Police Chief Walter Adair. somehow you can just keep on spend- Seal Beach Police Chief William D. to its past underpinnings of being ing and keep on giving and the world Stearns. spendaholics can simply not get away will get a lot better. It will not work Sonoma Police Chief John P. Gurney. from it. unless you make the tough choices, Sonora Police Chief Michael R. Efford. The budget you have sent to us, Mr. and the tough choices are to balance South Pasadena Police Chief Thomas E. President, clearly is reflective of the the budget and give the American tax- Mahoney. fact that the Democrat Party of Amer- Suisun City Police Chief Ronald V. For- payers some consideration by a reduc- ica today cannot get away from the old tion in their overall tax rate. sythe. habits that it had in the past, and that Tiburon Police Chief Peter G. Herley. I yield back the balance of my time. Tracy Police Chief Jared L. Zwickey. was, the solution to every problem was Mr. DORGAN. Mr. President, are we Twin Cities Police Chief Phil D. Green. a new Government program and a huge in morning business? Ventura Police Chief Richard F. Thomas. chunk more spending of the Federal The PRESIDING OFFICER. The Sen- Walnut Creek Police Chief Karel A. Swan- budget or, more importantly, the ator is correct. son. money of the taxpayers of this coun- Mr. DORGAN. Mr. President, I ask Mrs. FEINSTEIN. Congress should try. unanimous consent to speak for 10 min- not and must not repeal the assault So, Mr. President, the American peo- utes. weapons ban. I thank the forbearance ple on the eve of Christmas are watch- The PRESIDING OFFICER. Without of the Chair. ing and saying, ‘‘What will the Con- objection, it is so ordered.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18311 KEEPING RECORDS ON CRIMINALS the interest of our country. Second, in this country that no one is talking Mr. DORGAN. Mr. President, I am in- balancing the Federal budget while we about. We are talking about the budget terested in the discussion that the Sen- meet some of the priorities in doing so. deficit every single day. Already today, ator from California just had on the Balancing the Federal budget without I have been to two meetings dealing subject of crime. It reminds me again injuring the Medicaid or Medicare Pro- with the budget deficit. I will spend of the urge to ask all Members of the gram, so that someone who is elderly much of this week, I assume, in negoti- Senate to consider cosponsoring a piece in this country and who is sick will not ating sessions with other negotiators of legislation I introduced last week on understand that they have to pay more talking about the budget deficit. this issue. The issue of crime is one for Medicare and get less as a result of There is not even a whisper in this that concerns every American, and I our balancing the budget. We can bal- Chamber or in this Congress about the introduced some legislation dealing ance the budget and do it the right other deficit, the trade deficit. We will, with the issue of trying to establish a way, retaining the priorities in Medi- this year, have a merchandise trade computer record of all people in this care and Medicaid and education and deficit that is larger than our budget country who commit felonies. agriculture and the environment. It deficit. What does the merchandise It is incredible that we have a cir- does not mean you cannot cut spending trade deficit mean? It means that jobs cumstance in our country where we in all of those areas. It just means you have left our country. It means that keep track of a couple hundred million cannot cut spending sufficiently so our country has an economy that has credit cards, and if you take one of that you injure these programs at the weakened because we measure eco- those credit cards and go to a depart- same time that you have decided in the nomic progress in this country by what ment store and try to buy a shirt, they budget bill to provide a very signifi- we consume rather than what we will run it through a magnetic imager, cant tax cut. That represents the ques- produce. It seems to me that we ought to start and in 20 seconds they discover wheth- tion of priorities. worrying about the twin deficits in our er the card is good or whether it has I want to back up just for a moment country—the budget deficit and the reached its limit. If they are able to do and refer to something I read yesterday trade deficit. The budget deficit, one that in the private sector on credit in a newspaper that I thought was an can make the economic argument, is with a couple hundred million credit interesting piece. It was written by the deficit we owe to ourselves but for cards, we ought to be able to, for a Jim Hoagland in the Washington Post. the fact that it is unequally distrib- whole series of reasons, keep an up- I commend Members of the Senate to uted; it causes problems in that regard. dated, accurate computer list of every- read it; it is called ‘‘Surrender to the One can make the argument that it body who has committed felonies in Money Men.’’ He starts out discussing something I does not require a reduced standard of this country. That way, when judges have discussed previously on the floor living to pay the budget deficit in this sentence somebody, they know who of the Senate—that the stock market country. You cannot make the similar they are sentencing. Did this person in America is at a record high, cor- argument about the trade deficit. In- commit a crime in Idaho 5 years ago, porate profits are at near records in evitably, repaying the trade deficit will Montana 2 years ago, North Dakota this country, productivity of the Amer- mean a lower standard of living in our last year, and Kansas this year? That is ican work force is up. We are told the country, and that is why this year, we the kind of criminal record history we American economy is the most com- will have the largest merchandise trade ought to have in this country. Regret- petitive in the world, but while all of deficit in our history, and it is a very tably, we do not. We have the NCIC and these things are happening, wages in serious problem for our country. the III, but 80 percent of the records America continue to go down, and job I hope that at some point soon we needed to be in up-to-date criminal security in our country continues to be start talking here in the Senate about records files of everybody who com- diminished. the twin deficits, the budget deficit and mitted felonies are not there. It does We hear about downsizing and lay- the trade deficit. The trade deficit, as I not take Dick Tracy to figure out who offs, surplusing workers, being more indicated, relates to the budget deficit is going to commit the next violent competitive; we hear about all of those because there are things in the rec- crime in our country. In almost every things and then understand that it onciliation bill here in the Congress instance, it will be somebody who has causes an enormous amount of anxiety that would make it even easier for previously committed crimes, some- among American workers because they those who want to move jobs offshore body who has been in the system, and feel somehow they are now surplus and and to produce elsewhere and, there- somebody who has been in prison— they are the lost part of this economic fore, it meets our trade deficit or maybe not to prison, but maybe in equation called ‘‘globalization’’ in makes it easier to do so. prison and is now out of prison and which in our economic enterprises’ in- I have shared with my colleagues on back on the streets. terest in being more competitive, they another occasion a provision in the so- That is why we need, it seems to me, decide to produce elsewhere and ship called Balanced Budget Act in the rec- for law enforcement purposes, for back here. A corporation, international onciliation bill. I want to do that again judges, for a whole series of reasons, an corporation, can become more competi- today. It is a small provision that deals updated computer listing of everybody tive, they think, by deciding to with tax law and the product called in this country who has committed produce shoes and shirts and belts, or ‘‘deferral,’’ deferring income tax obli- felonies. That ought to be updated trousers and cars and television sets, in gations on foreign subsidiaries owned every day across the country in order foreign countries where labor is very by domestic corporations that earn that we might effectively combat inexpensive and then ship those back money overseas in their foreign sub- crime in America. to our country for sale. sidiary and do not have to pay taxes on f I understand why big corporations it until it is repatriated to our coun- think it is in their interest to do so. It try. Well, in 1993, we passed a law that THE BUDGET NEGOTIATIONS is something called profits. If you can tightened up on that and said that does Mr. DORGAN. Mr. President, I came get someone to work for 50 cents an not make sense. This is an incentive to the floor today to talk just for a mo- hour and not be bothered by the issue that says let us move the factories ment about the budget negotiations, of polluting water and polluting air overseas and take American jobs and not so much to talk about what might and by the difficulties of the prohibi- move them abroad. or might not happen in the negotia- tion against hiring child labor, if you What we have now is a provision by tions, but to suggest that this is going can get rid of those kinds of meddle- the majority party that says, ‘‘By the to be a very important week with re- some difficulties by moving and pro- way, we will take this little provision spect to the question of whether we are ducing offshore, you can make more that is an insidious incentive to move able to make progress in trying to profits if you can produce offshore and jobs overseas by multinational cor- reach two goals—first, balancing the sell here. porations and tell the multinational Federal budget. That is an important Well, the result of that kind of strat- corporations we like this tax incentive goal and it is one we ought to reach in egy has created another kind of deficit so much, we want to increase it for

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18312 CONGRESSIONAL RECORD — SENATE December 11, 1995 you. We want to boost this tax incen- the budget deficit problem—the failure RICHARD C. HALVERSON tive. We want to make it more gen- to address the trade deficit problem is Mr. BINGAMAN. Mr. President, one erous if you will take your jobs and going to be a crippling problem for this of the first people I met when I came to move them overseas.’’ country. I am thinking I ought to have a scav- The point I made with this tax provi- the Senate, and one on whose kind in- enger hunt to find out who in the U.S. sion is—and I am thinking of sug- terest I came to rely, was Richard Hal- Senate decided it was a good idea to gesting we have a rule in the Senate verson, the man who served as Chap- propose that multinational corpora- similar to the one they have in the lain of the Senate from 1981 until early tions ought to have more of a tax in- House—that if you propose a provision this year. centive for moving their jobs overseas. like this in the budget system, you Many of my colleagues have com- I ask any of my colleagues in the have to disclose who it is that is offer- mented on his service to the Senate, next couple of days, as we are working ing this, who thinks it makes sense to and to all of us who work here. He con- through this reconciliation bill, who provide a more generous circumstance sidered what he called the Senate fam- authored this? Who thought it was a in our Tax Code to say to somebody, ily—from the most senior cook to the good idea? Who believes we ought to ‘‘Move your jobs overseas. Move your least junior Senator—his flock. His ap- change our Tax Code to make it more plant out of here. Hire your workers in proachable manner and generous ways attractive to move American jobs over- a foreign country.’’ Who thinks that endeared him to us all. ‘‘I try never to seas? Who thinks we ought to increase make sense, to increase a tax subsidy be in a hurry,’’ he said in an interview the tax incentive to shut down the to do that? with the Hill last year. Everyone re- American plant, move it offshore? There ought to be, first of all, no sub- sponded to this gentle, important cour- It makes no sense to me. This will in- sidy. We ought to completely eliminate tesy in a place where schedules are de- crease our trade deficit. This will not the insidious tax incentive that exists manding and often implacable. solve our fiscal policy deficit. This will now to say, ‘‘By the way, you have a Kipling wrote of those who ‘‘can talk weaken our country. factory. Close it here. Move the jobs with kings and keep the common Mr. MURKOWSKI. I wonder if my overseas to a tax haven and make the touch.’’ Dr. Halverson, in the course of friend from North Dakota would yield same product. Ship it back here and we his ministry here, demonstrated that for a question? will give you a tax break.’’ he was capable of this skill, and each of It ought to be completely eliminated. Mr. DORGAN. I am happy to yield to us appreciated that when he talked This provision, stuck in the reconcili- the Senator. with us, as well as with kings, we were ation bill, opens it wider and says, ‘‘By Mr. MURKOWSKI. I was moved by elevated by his special attention. the reference to the increase in trade the way, this is a good idea, we should deficit, and I ask my colleague if he do more of it.’’ He will be in our thoughts and pray- would not agree that nearly half of This week, if I can find the Member ers for years to come. that trade deficit is the cost of im- of the Senate who thinks this is a good ported oil? idea, I would like that person to iden- f Obviously, as a Senator from the tify himself or herself, and I would like State producing the most oil from the to spend a while on the floor debating RETIREMENT OF GEN. ROBERT L. standpoint of domestic production, that. So I invite whoever it is, give me DEZARN would it not be in our national energy a call, come to the floor and talk about Mr. FORD. Mr. President, when security interest to try to relieve our this kind of tax policy and whether it you’ve been in public life as long as I dependence on imported oil, hence re- makes sense for our country. have, you see a lot of hard working, duce the deficit balance of payment by f dedicated people in public service. But, developing some of our resources, if we BUDGET NEGOTIATIONS every once in a while you come into can do it in a way that is compatible Mr. DORGAN. Let me, in the final contact with someone whose leadership with the environment and ecology? minute, say a word about the budget qualities make them stand out from I am particularly speaking of poten- negotiations. It is my fervent hope by the rest. The head of Kentucky’s Na- tial relief that we might find if, indeed, the end of this week we will have tional Guard, Adj. Gen. Robert L. there are substantial reserves of oil in reached a budget agreement. That DeZarn is that kind of leader. Over the the Arctic oil reserve as part of ANWR. makes sense for this country. It makes years, he’s been able to instill a sense It would seem to me this would al- sense for both political parties. It of common purpose, and in doing so, leviate a concern both the Senator makes sense for the President. It just bring out the best possible performance from North Dakota and I have inas- is the right thing to do. in everyone around him. And while we much as oil does make up just about It ought to be an agreement that bal- know that he will continue to con- half of our trade deficit. ances the budget and does it the right tribute his talents in other ways, Gen- Mr. DORGAN. My own view about way. There are certain priorities that eral DeZarn’s retirement today will be our oil import situation is that we make sense. It seems to me we ought a tremendous loss to those under his ought to have an oil import fee. I have to negotiate between now and the end command and to the State as a whole. always felt that. I think an oil import of this week to reach an agreement It’s been said that ‘‘a general is as fee solves a series of problems for us. It that balances this budget and does it would stimulate more domestic pro- good or as bad as the troops under his the right way. command make him.’’ There is no duction, first; reduce the trade deficit, I know time is short and we face kind doubt that Kentucky’s National Guard second; and provide revenue by which of an urgent situation with the Decem- will continue to make Kentucky and you eliminate or reduce the fiscal pol- ber 15 continuing resolution, but there the Nation proud long after General icy deficit as well. is not any reason, with good will on DeZarn steps down. But, anyone who The Senator from Alaska has been an both sides to balance this budget, there knows the Adjutant General also articulate and forceful supporter of is not any reason at all that we cannot knows that he brought to his command opening ANWR. He and I share one find common ground. goal, and that is I think we ought to We have not survived 200 years in a an uncommon blend of courage, intel- reduce our dependence on foreign oil. I representative democracy without un- ligence and compassion that will be would like to start with a first step of derstanding the need to compromise. sorely missed. an oil import fee which I have advo- Compromise in a democratic system Over the past 4 years, as the Ken- cated for some long while. I have au- like ours is the essence of getting tucky Guard was called upon to re- thored them, and I have offered them things done. spond to natural disasters or as our Na- in the House Ways and Means com- I hope by the end of this week we will tion sought them out to help ease dis- mittee when I served there. I think be able to stand on the floor of the Sen- cord around the world, I always knew that would be a productive first step. ate and say we reached an agreement that General DeZarn was working be- In any event, we must, it seems to and we reached an agreement to bal- hind the scenes to assure order, to as- me, begin addressing this trade deficit. ance the budget that is good for this sure total commitment, and in the end, The failure to do so—even if we solve country. to assure victory over adversity.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18313 He was equally hard at work when to Brussels, Sarajevo, and Zagreb are (1) Listing of the Delegation the media’s eye was not on the Guard, contained in a report, for which I ask (2) Listing of Delegation activities building upon Kentucky’s resources to unanimous consent to be printed in the (3) Assessment of the situation in Bosnia (4) Expectations for a potential peace assure we would play an integral role RECORD. agreement in national security well into the next This report addresses the four central (5) Plans/expectations for NATO peace im- century. I owe him much for his assist- questions of the Bosnian NATO mis- plementation activities ance in making sure the C–130H’s, what sion—how soon, how many, how long, (6) Closing observations I often call the thoroughbreds of mili- and how much. As for cost, officials ad- LISTING OF THE DELEGATION tary aviation, stayed in Kentucky. Our mitted that it will mount to $2.0 bil- Senator Ted Stevens—Committee on Ap- Air Guard’s performance at the con- lion—not including the costs of the no- propriations (Chairman). trols of those C–130H’s in Somalia, Bos- fly zone or enforcing the naval embar- Senator Dan Inouye—Committee on Appro- nia, and Rwanda have brought them go in the Adriatic. With respect to how priations (Co-Chairman). national recognition, and saved count- long, that remains a question that this Senator John Glenn—Committee on Armed less lives. Chamber will have to address as no one Services. In addition, his development of the presented the codel with an effective Senator Jeff Bingaman—Committee on Armed Services. western Kentucky training site will exit strategy for NATO forces. Senator Kay Bailey Hutchison—Committee make it a model of high-tech and all- In closing, Mr. President, I would on Armed Services. terrain training for both Guard and ac- like to thank the Members and staff of Senator Olympia Snowe—Committee on tive duty soldiers for years to come. codel Stevens. Their fine work on a Foreign Relations. Last year, 16,000 soldiers trained here. timely and important report will help Senator Craig Thomas—Committee on For- But, those numbers represent just the further illuminate our upcoming de- eign Relations. beginning in a long line of soldiers who bate on Bosnia. LISTING OF DELEGATION ACTIVITIES will receive the best training this coun- There being no objection, the mate- U.S. European Command Headquarters try has to offer. The skills they learn rial was ordered to be printed in the The Delegation met with the following sen- right in Kentucky will enable them to RECORD, as follows: ior U.S. military officials: join the ranks of the best-trained mili- U.S. SENATE, General George Joulwan; Supreme Allied tary force in the world. Washington, DC, November 27, 1995. Commander, Europe General DeZarn has also had a tre- Hon. ROBERT DOLE, Admiral Leighton Smith; Commander, Al- lied Forces South mendous impact on the national level. Majority Leader, U.S. Senate, Washington, DC. DEAR BOB: Last month, you authorized my- General James Jamerson; Deputy Com- The Department of Defense has been self and Senators Hutchison, Snowe and mander, U.S. European Command working to restructure the Nation’s en- Thomas to travel to NATO, Bosnia and Cro- General William Crouch; Commander, U.S. tire defense forces to better respond to atia to evaluate plans for a possible NATO Army Europe the needs of the post-cold war era. Gen- mission to the former Yugoslavia. General Richard Hawley; Commander, U.S. eral DeZarn has worked closely with The seven Senators who participated in Air Force Europe his colleagues from other States to as- this mission have prepared the attached re- Major General Edward Metz sure that the National Guard continues port, which addresses the four central ques- Government of Croatia tions that you directed we study: how soon, to play an integral and undiminished The Delegation met with the Minister of how many, how long and how much. Defense for Croatia, Gojko Susak. role in that new structure. We did not seek to reach any conclusions Mr. President, let me close by reit- or specific recommendations to you or the United Nations officials erating my thanks to General DeZarn Senate—our personal views reflected the In Zagreb, Croatia, the Delegation met for a job well done, and my apprecia- wide range of positions held by our col- with the Senior Representative of the Sec- tion for having had the honor to serve leagues. We did seek to identify the many retary General of the United Nations, Mr. with him. differing expectations and understandings Yasushi Akashi, and the Deputy Commander that are held by the parties that will be in- of U.N. forces in the former Yugoslavia, Ca- f volved in the peace settlement in Bosnia. nadian Major General Barry Ashton. THE BAD DEBT BOXSCORE It is my request that the attached report In Sarajevo, Bosnia, the Delegation met be printed and made available to all Sen- with the Commander of U.N. forces in Bos- Mr. HELMS. Mr. President, the Fed- ators, to assist in their understanding and nia, United Kingdom Major General Rupert eral Government is running on bor- our upcoming debate and consideration of Smith. rowed time, not to mention borrowed any resolution concerning U.S. participation Government of Bosnia in a Peace Implementation Force. money—nearly $5 trillion of it. As of The Delegation met with the President of Cordially, the close of business Friday, December Bosnia, Alija Izetbegovic, the Vice Presi- TED STEVENS. 8, the Federal debt stood at dent, Ejup Ganic and Prime Minister, Haris $4,988,945,631,994.24. On a per-capita CODEL REPORT Sladjzic. basis, every man, woman, and child in INTRODUCTION North Atlantic Treaty Organization America owes $18,938.12 as his or her The Delegation was authorized by the Ma- Headquarters share of the Federal debt. jority Leader and the Democratic Leader to The Delegation met with the following sen- More than two centuries ago, the travel to Europe, particularly Bosnia, to ior NATO leaders: Field Marshal Faye Vin- evaluate the current situation in the former cent, Chairman of the Military Committee, Constitutional Convention adopted the Yugoslavia, the status of the peace negotia- Declaration of Independence. It’s time Mr. Willy Claes, Secretary General of NATO, tions, and potential plans by the North At- The North Atlantic Council—Ambassadors to for Congress to adopt to a Declaration lantic Treaty Organization (NATO) and the of Financial Independence and meet an NATO from: Spain, Germany, the United United States European Command (EUCOM) Kingdom, Norway, Luxembourg, Portugal, important obligation to the public that to engage in a military mission to imple- Italy, Turkey, Iceland, Denmark, Greece, it has ignored for more than half a cen- ment a peace settlement. The Delegation France, Belgium, Netherlands, Canada and tury—that is, to spend no more than it was to assess these conditions, and report the United States. takes in—and thereby begin to pay off their findings to the Senate. The Delegation also wishes to express its This report does not attempt to reach any appreciation for the support and assistance this massive debt. conclusion about the outcome of the on- of the United States Embassy to Croatia, the f going peace negotiations, which resumed United States Embassy to Bosnia and the this month at Wright-Patterson AFB. The CODEL STEVENS BOSNIA REPORT United States Mission to NATO. Ambas- Delegation did not seek to reach a consensus sadors Galbraith, Menzies and Hunter all Mr. DOLE. Mr. President, last month or make specific recommendations on the contributed significantly to the success of military plans under consideration at the distinguished senior Senator from the mission, and their individual actions and EUCOM and NATO Headquarters in Belgium. Alaska, Senator STEVENS, led a delega- leadership are no small part of the progress The Delegation hopes their mission will con- tion of our colleagues—Senators made so far towards a peace settlement in tribute to planned Senate hearings and sub- INOUYE, GLENN, BINGAMAN, HUTCHISON, Bosnia. sequent consideration of any proposals for SNOWE, and THOMAS—to Europe to United States participation in any peace set- ASSESSMENT OF THE CURRENT SITUATION IN carefully evaluate the plans for a pos- tlement in Bosnia. BOSNIA sible NATO mission to the former The Delegation report consists of the fol- At each venue, the strong statement to the Yugoslavia. The result of their travels lowing sections: Delegation was that the anticipated peace

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18314 CONGRESSIONAL RECORD — SENATE December 11, 1995 negotiations in the United States offered the to rest outside of the U.N. framework cur- exact planning for any operation will hinge best likelihood of a serious cessation of hos- rently in place. Their concept was for the po- on the specific determinations of the antici- tilities. Without exception, leaders at NATO, tential U.S.-NATO mission to operate to sep- pated peace agreement. Those factors in- in Croatia, in Boania and U.N. officials all arate the warring factions, acting as a buffer clude the location of U.S. forces deployed to cited the involvement of the United States to achieve a stable military environment. Bosnia, the composition of any U.S. military as a catalyst for peace. The Croatian government officials did not force, the interaction of U.S. military forces At the time of the Delegation’s mission, believe that the peace enforcement mission with the United Nations or non-govern- the current cease fire agreement was only a could be completed in twelve months. A key mental reconstruction organizations, the few days old. While conditions in and around factor in the duration and success of the conditions under which U.S. military forces Sarajevo were significantly improved, ac- peace enforcement mission would be the ex- deploy to Bosnia and the conditions and tim- cording to Bosnian and U.N. officials, fight- tent to which the Bosnian government ing under which U.S. military forces would ing continued elsewhere in Bosnia. While all achieves an enhanced military capability. withdraw from Bosnia. parties hoped that the cease fire would take The Croatian defense Minister indicated that These uncertainties made difficult specific hold throughout the country, fighting in a peace settlement was likely to bring an estimates on force size, mission cost and northwest Bosnia was especially active. end to the U.N. arms embargo, but that there mission duration. For nearly six months preceding the Dele- was no need to arm the Bosnians after a United Nations forces now deployed to the gation’s visit, Sarajevo had been completely peace plan is adopted. Croatia may not per- former Yugoslavia will constitute some por- strangled. The airport had been closed to all mit future weapons transfers through Cro- tion of the NATO led peace implementation traffic, and the only road access route atia to Bosnia government forces following a force. The attached chart details current de- crossed Mt. Igman. With the ceasefire, hu- negotiated peace settlement. ployments. manitarian conditions appeared to be im- The Croatian government officials com- Once the peace enforcement mission be- proving. Local officials reported that utility mented that Croatian national interests may gins, forces provided to UNPROFOR by services were being restored, and that food or may not be fully addressed in the antici- NATO member nations will revert to NATO stocks in the city were higher. The Delega- pated peace agreement. The status of the re- command and control, pursuant to NATO tion observed large numbers of commercial gion of Eastern Slavonia will be a contention procedures. Military forces from other na- trucks assembling in a convoy to exit the issue at the peace talks, and could precipi- tions may remain as part of a complemen- city. Despite these factors, the airlift of food tate further military action by Croatian tary United Nations effort elsewhere in the supplies continued, to provide for the needs forces. former Yugoslavia, or may be incorporated of local residents, and to maintain air access United Nations: The Secretary General’s into the NATO force, accepting NATO com- into the city. Senior Representative made clear that a mand and operational management. This ap- Perhaps the most striking feature of Sara- peace agreement will be difficult to maintain proach may come to resemble relationships jevo, amid the destruction and devastation and enforce, based on the track record of all established during Operation Desert Storm of incessant shelling and rocket attacks, was parties. Much credit was given to the re- in 1991. the utilization of the Olympic facilities as newed negotiations for achieving the present All parties had differing specific expecta- gravesites for thousands of Bosnians who tentative cease fire, and the necessity of con- tions about the mission for the NATO peace have died during the fighting. Their graves tinued United States involvement in any fu- implementation force. Those differing views serve as a poignant reminder that peace will ture negotiations was emphasized. highlighted the significant challenge facing be difficult to achieve, and that the personal U.N. officials stated that the current peace the negotiations at upcoming peace talks in loss of people on all sides of the conflict is plans will require long-term peacekeeping the United States. severe. activities to bring a period of stability to the Mission expectations fall in the following EXPECTATIONS FOR A POTENTIAL PEACE region. They envision an on-going United categories: AGREEMENT Nations role, following the potential NATO- Implementation of Peace Agreement: U.S. peace enforcement mission. The experi- NATO and U.S. officials anticipate that an The Delegation explored the expectations ence of the United Nations in the peace- agreement will detail the role for the peace of two of the potential participants in a Bal- keeping and reconstruction of Cambodia was implementation force. This could include ge- kan peace agreement during the mission. cited as a possible model for participation in ographic zones of responsibility and what- Key factors included the probable timetable Bosnia. ever functions are ultimately determined by for an agreement; the timetable for any im- NATO: Officials at the North Atlantic the parties and the Contact Group. plementation or peace enforcement mission; Treaty Organization headquarters in Brus- Separation of Forces: In discussions with the objectives of any peace enforcement mis- sels reflected primarily the understanding of the Delegation, NATO officials indicated sion; the rules of engagement for any peace United States officials about the prospective that the NATO force will provide a buffer be- enforcement mission; and the criteria for the peace agreement. As NATO is not a direct tween the armed forces of the Combatants. duration or conclusion of a peace enforce- participant in these talks, they indicated This concept would entail an occupation of ment mission. The following description they would await insight from the U.S.-Eu- specific areas, and a responsibility to police summarize the views encountered by the del- ropean Contact Group before finalizing any the military activities of the combatants. egation during the mission. NATO position. Secure Borders. Some parties indicated Bosnian Government: Officials of the gov- NATO representatives made clear their ex- that the NATO force would serve as a protec- ernment of Bosnia made clear that any price pectation that any peace agreement would tion force, to maintain the territorial integ- agreement required the participation of the hinge on an enforcement mechanism involv- rity of parties to the settlement reached in United States in the negotiation and imple- ing NATO and the United States. In the dis- the peace negotiations. mentation phases. From their point of view, cussion with the North Atlantic Council, Displaced Persons/Property: On a more the United States brought credibility to an several Ambassadors made explicit their complex level, there were suggestions to the agreement beyond the involvement of the view that the United States must participate delegation that the implementation force United Nations or the European members of in the peace process, and that NATO involve- would play a role in assisting the return of the Contact Group (the United Kingdom, ment would be contingent on U.S. participa- displaced persons to areas determined by the France, Germany and Russia). tion. The consensus of the NATO Ambas- peace settlement, and potentially enforce Very clearly, the Bosnian government an- sadors was that the United States was al- the return of property belonging to displaced ticipated that U.S. and NATO military units ready involved and committed to the poten- persons. will serve to enforce the peace, and to pro- tial deployment of a NATO peace enforce- U. S. EUCOM officials expressed concern tect both the internal and external borders ment mission to Bosnia. about taking on any functions or responsibil- determined in the peace settlement. Further, ities beyond their direct role as a peace im- officials also cited the tremendous refugee EXPECTATIONS FOR A NATO PEACE plementation force—such as election moni- and displaced persons dilemma facing Bos- IMPLEMENTATION FORCE toring, refugee resettlement or other initia- nia. One official also suggested the possible Senior officers of the United States Euro- tives related to nation-building. use of United States forces to reconcile the pean Command, and component units, dis- property claims of Bosnians displaced during cussed in depth the planning underway for COMPOSITION AND SIZE OF A NATO PEACE the war. the training, organization and potential de- IMPLEMENTATION FORCE The Bosnian government understood that ployment of United States military forces as The ultimate composition of the NATO U.S. and NATO forces engaged in a potential the largest single component of a NATO peace implementation force will reflect the peace enforcement mission would be heavily force. Many of the specific details were pre- ‘‘proportionate contribution’’ of NATO mem- armed, and would operate under robust rules sented to the Delegation at the Secret or bers, according to officials in Brussels. Those of engagement. Bosnian government leaders Top Secret classification level. The sum- nations with troops currently deployed will anticipated a presence for such a force of at mary provided in this report does not reflect most likely sustain that presence. Other na- least 12 months, and from that point of view, any classified information, but explains the tions will nominate forces based on the plans up to 18 to 24 months. approach and concerns presented to the dele- developed by the Supreme Allied Command, Croatian Government: Officials of the gov- gation by these officials. reflecting the capabilities available in those ernment of Croatia made clear that the en- Significance of the Peace Agreement De- national military forces. The attached chart forcement of a peace agreement would have tails: All military officials made clear that reflects anticipated force levels.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18315 The United States, France and the United Serb, by any military, guerilla or terrorist PERCENTAGE DEPLETION Kingdom each anticipate providing roughly a force. Again, the peace agreement is ex- ALLOCATION division sized combat force. Each nation will pected to provide guidance on the role of the tailor that force to reflect the specific geo- military peace implementation force, and Mr. MURKOWSKI. I thank the Chair. graphic and ethnic characteristics of the re- how they might respond to such situations. I will share with my colleagues a little gion in which they will operate. Other na- PARTICIPATION OF NON-NATO FORCES known fact concerning the effect of the tion’s will contribute units ranging from A point of sensitivity and uncertainty in Clinton administration’s new proposed company to battalion size, based on mission discussions with U.S. military, NATO, Bos- 7-year balanced budget and the effect it requirements. nian and Croat leaders was the participation will have for thousands of working men For the United States, the call-up of ap- of non-NATO military units in a peace im- and women in Western States, those proximately 1,500 to 2,000 reserve component plementation force. This applied both to the men and women working specifically in personnel is likely. These units will partici- potential role for Islamic nations and Rus- the mining industry. pate primarily in combat support, service sia. This is a $1 billion budget bombshell support, medical, civil affairs and military NATO leaders believed that the inclusion that will cost thousands of domestic police functions. The reserve components of Russian military forces would contribute have been heavily taxed over the past three jobs, and it will increase our domestic to the stability and likely success of the mis- balance of payments, because buried in years supporting U.N. and humanitarian re- sion. Officials in Croatia and Bosnia believe lief missions in Rwanda, Somalia, Haiti and that the Serb parties will insist on a Russian the details of the Clinton budget alter- now Bosnia. Air Force Reserve and Air Na- presence. U.S. military officials stated that native is a provision that would hike tional Guard units are an essential element on-going discussions with the Russian mili- taxes on many mining operations on of the on-going airlift to support the Bosnian tary were addressing command, control and Federal land. people. funding issues associated with any Russian The administration is proposing an COST ESTIMATES participation. U.S. officials anticipated that elimination of the percentage depletion Officials at the U.S. European Command each participant in the NATO-led peace en- allowance for nonfuel minerals mined were unable to provide any specific estimate forcement mission would pay their own on public lands where mining rights on the cost of U.S. operations. Discussions costs. Again, this issue is expected to be ad- were obtained by the patent process. with senior officials at the Department of dressed in the anticipated peace settlement. ‘‘Patent process’’ can be construed to Defense indicate that the likely incremental CLOSING OBSERVATIONS mean patents, as well as the process of cost for fiscal year 1996 of the ground force While reaching no conclusion about what applying for a patent. component of a NATO peace implementation action the Senate might take regarding the force will total approximately $1.5 to $2.0 bil- This is extraordinarily far reaching, potential deployment of U.S. military forces Mr. President. According to the admin- lion. This amount does not address the costs to Bosnia as part of a NATO peace imple- of the on-going ‘‘no fly’’ enforcement mis- mentation force, the Delegation believes istration, this would save—they use sion or the naval embargo in the Adriatic that several critical and vital issues must be the word ‘‘save’’—$954 million over 10 Sea. resolved before a full and complete under- years, placing a $1 billion burden on More detailed estimates are expected upon standing of the mission can be reached. our Nation’s miners. completion of the peace agreement, and the From the perspective of the use of U.S. You can imagine the significance of finalization of NATO operational plans. military units, the following issues must be trying to be competitive in a world TIMETABLE FOR POTENTIAL DEPLOYMENT addressed: market, suddenly faced with a reality Officials at the U.S. European Command (1) The end state or ‘‘exit strategy’’ for of losing the depletion allowance, estimated that NATO force would be tasked U.S. forces. (2) Funding for U.S. operational costs. which in many cases allows our mining to deploy to Bosnia and Croatia within 96 industry to be competitive internation- hours of the formal adoption of a peace set- (3) Funding for non-NATO participants. (4) Demarcation of U.S. and allied zones of ally. tlement. What will constitute the ‘‘formal deployment. Why the White House has singled out adoption’’ of an agreement is not yet known. (5) Composition of U.S. and allied military NATO leaders concurred with this estimate. the mining industry for punishment is forces. NATO leaders had not yet defined what anyone’s guess. It appears to be the (6) Logistics support for U.S. and allied mechanism would trigger the Alliance’s par- latest assault by Secretary Babbitt, military forces. the Secretary of the Interior, and the ticipation in the mission, and the timetable (7) Transit/air access in Bosnia. for consideration by the North Atlantic (8) Air defense responsibilities. Clinton administration on the West. Council of a request for NATO involvement. (9) Transition for current U.N. mission to The administration seems to want to NATO officials anticipated that the military NATO control. paint the miners as some kind of cor- mission would be predicated on a United Na- (10) Rules of engagement. porate guru, the exception rather than tions Security Council resolution, author- (11) Transition to civilian aid/recovery pro- the rule as far as the reality is con- izing such a mission pursuant to Chapter 7 of gram. cerned, because many of the operations the U.N. Charter. (12) Specific tasks U.S. forces will perform. are small mom-and-pop operations that NATO officials did not articulate the These outstanding issues are not intended mechanism by which individual nations to negatively reflect the discussions and are clearly in jeopardy by this pro- would determine and affirm their participa- meeting by the Delegation—they simply rep- posal. tion in the mission. resent the unknown factors surrounding this It would provide a war on hard-work- COMMAND AND CONTROL/RULES OF ENGAGEMENT mission. ing people and their jobs. Why they are Central to the role of U.S. military forces f singled out as the only industry for termination, one can only speculate. in a deployment to Bosnia will be the com- FLAG DESECRATION mand relationships and the rules of engage- Oil, gas and coal jobs are not put in ment that would govern their participation. CONSTITUTIONAL AMENDMENT jeopardy by this move by the adminis- In every discussion, the Delegation found The PRESIDING OFFICER. Under tration to lose the depletion allowance. that all parties believed the utilization of the previous order, the Senate will now However, one should reflect on the fact NATO would obviate the problems encoun- resume consideration of Senate Joint that this may be the camel’s nose tered by the United Nations command struc- Resolution 31, which the clerk will re- under the tent. It is only a matter of ture. The flawed ‘‘dual-key’’ control by the time until this administration will United Nations of military force limited the port. usefulness of that force, and caused all the The bill clerk read as follows: again use the Tax Code to go after oil combattant parties to doubt and mistrust A joint resolution (S.J. Res. 31) proposing and gas and the coal industry. the commitment of the United Nations to se- an amendment to the Constitution of the Having heard my friend from North curing peace in Bosnia. United States to grant Congress and States Dakota express his concern over the U.S. military officials stated categorically the power to prohibit the physical desecra- deficit balance of payments, I again re- that U.S. forces would serve under the com- tion of the flag of the United States. mind the President and my colleagues, mand of U.S. military officers through the The Senate resumed consideration of this Nation grew strong on the develop- NATO chain of command. They affirmed that the joint resolution. ment of our natural resources, our oil, the rules of engagement will provide wide Mr. MURKOWSKI. Mr. President, I our coal, our gas, our timbering indus- latitude to respond with disproportionate ask unanimous consent for 12 minutes try, our mining industry, our grazing force to any attack or threat to U.S. or NATO personnel. in morning business. industry. All these appear to be put in Less clear is how those rules of engage- The PRESIDING OFFICER (Mr. jeopardy. In fact, the development of ment will deal with threats to local popu- THOMAS). Without objection, it is so or- resources from all public lands appears lations, whether Bosnian Muslim, Croat or dered. to be on the administration’s blacklist.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18316 CONGRESSIONAL RECORD — SENATE December 11, 1995 The rationale of how they could see this year claimed loudly that the econ- Mr. President, I thank the Chair for the tremendous decline in these high- omy in southeastern Alaska did not the time allotted me. I wish the Presi- paying blue collar jobs and the reality need a timber industry, that every- dent a good day. that they seem to think it is better to thing was doing fine. They should tell f import is beyond me. That is specifi- the folks back in Wrangell, that 2,500 FLAG DESECRATION cally exporting our dollars and our jobs population town. The local newspaper a CONSTITUTIONAL AMENDMENT overseas. week ago filed for bankruptcy. This I remind our colleagues, the hard would end a continuous publication, for The Senate continued with the con- rock mining industry provides approxi- 93 years, of the Wrangell Sentinel, the sideration of the joint resolution mately 120,000 direct and indirect jobs longest continually published news- Mr. BIDEN addressed the Chair. nationwide. This proposal of the ad- paper in our State. The paper is only The PRESIDING OFFICER. If the ministration could eliminate 60,000 to the latest victim of the revenue loss Senator will withhold we are returning 70,000 jobs. It is shortsighted and, once caused for all businesses when the saw- to Senate Joint Resolution 31. again, the White House seems to be mill closed, costing more than 200 jobs Mr. BIDEN. That is what I wish to proving it really does not care about in the community. speak to, Mr. President. the men and women working in Amer- Besides the newspaper, there have Mr. President, we have had some dis- ica’s resource industries. When we im- been jobs lost in the machine shop, the cussion this morning, we will have port more minerals, again, we are ex- transportation company, the markets, some more discussions this afternoon, porting jobs and exporting dollars. Un- even the fixture of the community bar, and some discussion tomorrow as well, fortunately, the administration seems the Stikine Bar. The unthinkable has on a constitutional amendment to pro- to be putting politics before policy. It happened. The bar is shut down, put- tect the flag. may look good in the press but it ting 12 people out of work. Nothing symbolizes what we might This is the real result of the short- would simply destroy America’s min- call our national spirit like the flag. In sighted Forest Service policies. These ing industry by putting a billion-dollar times of crisis it inspires us to do are not policies that will help the envi- burden on their backs and still expect more. In times of tranquility it moves ronment. According to the Forest Serv- them to be competitive internation- us to do better. And, at all times it ice draft of a revised Tongass Land ally. unifies us in the face of our diversity Management Plan in 1993, enough tim- and of our difference. f ber could have been cut in southeast to There are those who believe that we THE FOREST SERVICE GRINCH keep all these people working with lit- should not, under any circumstances, STEALING CHRISTMAS IN ALASKA tle effect, if any, on the environment. and no matter how it is worded, write Mr. MURKOWSKI. Mr. President, I We are only seeking to harvest just 10 an amendment into the Constitution to have one more short statement relative percent of the Tongass over a 100-year protect the flag because they believe to another policy of the administra- regrowth cycle, while nearly half the there is no way to do that without tion. I want to speak briefly on an forest old growth is fully protected. damaging an even more cherished issue that affects my home State of Alaskans are seeking just to log 1.7 right, our right to say whatever we Alaska. It is coming to a head during million acres of that forest—while wish to say when we wish to say it this holiday season, but unfortunately, nearly 7 million acres are fully pro- without the Government acting as a tected in wilderness or other restricted unless there is a legislative solution censor, without the Government choos- areas. the problem will not end with Christ- ing among our words, which are appro- We are currently working on a tem- mas but it will be a gift that will keep priate and which are not. porary fix that may help Wrangell and I understand their view and I respect on giving throughout the year 1996. other southeast towns that depend on The gift is the policies that promote it. I believe, as strongly as I believe timber to have a hope of a brighter fu- unemployment. The bearer of this un- anything about this debate, that those ture. Hopefully, Congress will approve welcome present seems to be the U.S. against the amendment in question are the fix and I pray that the President no less patriotic, no more un-Amer- Forest Service. In fact, it is not too will sign it in the Interior appropria- ican, no less American, no better, no strong to say that in the small commu- tions bill later this week. worse than those who share the view nity of Wrangell, AK, a town I once It will present a hope during the holi- lived in, the U.S. Forest Service is days for the thousands whose future that the amendment in question is an truly becoming the Grinch that stole depends on some level of logging in appropriate way to protect the flag, Christmas and is stealing the hopes southeastern Alaska in the Tongass. which really means to speak to our na- and dreams of many of the people in But the real solution, if residents of tional spirit and consensus that exists that community. southeastern Alaska are to dream of in America about what we stand for. The Forest Service, under the Clin- brighter days ahead, is for the Clinton The so-called culture norms people ton administration, has canceled the administration to begin to think about often speak to. contract that provided timber to the the real pain they are causing real peo- I respect their motives and I respect town’s only year-round industry, a ple in my State and to permit a ration- their views. But they are not mine. Al- small sawmill. The Service has also al, environmentally sound logging pol- though it is arguably not necessary to been unresponsive in putting up inde- icy to resume in the Tongass National enshrine in the Constitution a way of pendent sales to permit the sawmill to Forest. Logging is a renewable re- protecting the flag, I believe that writ- operate. For that reason, the timber source if properly managed. I remind ten properly, I believe stated properly, industry in southeastern Alaska, an in- the Forest Service that they said this it can in fact legitimately be placed in dustry dependent upon wood from the set of circumstances would never hap- the Constitution without doing damage Nation’s largest national forest, the 17- pen; they would be able to maintain a to any of the other elements of our million-acre Tongass National Forest, modest supply of timber to allow the Constitution. But I should say up front is being destroyed. industry to sustain itself. That has not that the amendment in question, in my People live in the forest. Unlike in happened. view, does not do that. I say this as one many areas where you have State and If the Forest Service insists on steal- who has made it his business here on private timber, in our part of the coun- ing the Christmas of the people in the floor, along with my friend from try, towns such as Ketchikan, Wrangell, and other towns in 1995, then Vermont, whom I see on the floor, and Wrangell, Petersburg, Juneau, and so in 1996 a bill that I have been working others, of sometimes being out of step forth, are all in the forest. on all year with Senator STEVENS and in the minds of many people in terms We have the situation, since the Clin- Representative YOUNG to honor the of protecting the civil liberties of per- ton administration came to power terms of the 1990 compromise over log- sons in this country to say what they more than 3 years ago, that more than ging in the Tongass is going to be back wish to say, to publish what we do not 1,100 direct logging jobs have been lost, before this body. It is a present I in- wish them to publish, and to take ac- cutting timber employment by 42 per- tend to deliver to Alaskans before an- tions we find reprehensible. But the cent. Environmental groups earlier other Christmas passes. Senator from Vermont, myself, and

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18317 others believe they are guaranteed ways. But at the end of the day we still It was on this point to protect the under the first amendment. need to feel like a family under one flag, while not doing violence to the The first amendment does not say roof bound together by shaped and core first amendment principle of view- that you can only say things which re- shared values, and a shared sense of re- point neutrality, that I wrote the Flag flect insight. The first amendment does spect and tolerance. Protection Act of 1988. That act aimed not say you have to be bright. The first It is the flag that symbolizes those to safeguard the physical integrity of amendment does not say you have to shared values and which reminds us of the flag across the board by making it be right. All the first amendment says how the shared covenant of respect and a Federal crime to mutilate, deface, is that you can say what you wish to tolerance has to be maintained. It is physically defile, burn, maintain on say in relation to speech, and the Gov- the flag under which we as a diverse the floor, or ground, or trample upon ernment cannot censor what you say and sometimes divisive community can the American flag. It passed the Sen- no matter how, with notable excep- come together as one. And it is the flag ate, was signed by the President, and it tions, how much we do not like what is that flies high and proud over our Na- became law. being said. tion’s home. The statute focused solely on the ex- But I believe that the flag stands But to say that the flag is worth pro- clusivity of the conduct of the actor, alone, and that is a legitimate way to tecting does not end our conversation. regardless of any idea the actor might protect our flag as the singular and It is only, in my view, where we start, have been trying to convey, regardless unifying symbol of a diverse people in for we must ask how the flag should be of whether he meant to cast contempt need—I would add in urgent need some- protected. As we look to protect the on the flag, regardless of whether any- times—of common ground. America is flag, we must not lose sight of the first one was offended by his actions. the most extraordinary nation on amendment and its guiding principles The statute was written that way be- Earth. for, although the flag may stand alone, cause, in my view and in the view of I realize those who are here in the it should not and it cannot stand above other of constitutional scholars, the galleries who may be from other coun- our most cherished freedom of speech. Government’s interest in preserving tries, or those who listen to this on Here is what I mean. At heart of the the flag is the same regardless of the CNN, or C–SPAN—if it is carried—will first amendment lies a very basic no- particular idea that may have moti- say, ‘‘Isn’t that a typical American as- tion; that is, the Government cannot vated any particular person to burn or sertion, a chauvinistic assertion?’’ ‘‘We muzzle a speaker because it dislikes mutilate the flag. Our interest in the are the most extraordinary nation on what he or she says, or discriminate flag is in the flag itself as the symbol Earth.’’ We are extraordinary in the between your speech and mine because of what we know in our hearts to be sense not that we are better as individ- it agrees with me but disagrees with precious and rare and which flies high uals, not that we are smarter, not that you. That sort of viewpoint discrimina- and proud over this place we call home, we are wiser, more generous, or less tion is most importantly what the first a precious and rare symbol of this Na- venal than other people, but the genius amendment forbids. tion. of America is the American system, a As the Supreme Court has said, and I The flag’s unique place in our na- system that takes into account our sig- quote: tional life means that we should pre- nificant diversity which in other coun- Above all else, the first amendment means serve it against all manner of destruc- tries—that diversity I am referring that government has no tolerance to restrict tion. It does not matter whether the to—and in other systems creates great expression because of its message, its ideas, flag burner means to protest a war, or strife. its subject matter, or its content. The es- praise a war, or start a barbecue. It is We take that diversity, which in sence of forbidden censorship is content con- the flag that is the treasured symbol— other countries creates strife, and we trol. not the obnoxious speech nor the posi- have turned it into strength. That is Just last term, the Supreme Court tive speech that accompanies the burn- not very easy to do. People often fear forcefully reiterated its intolerance for ing of the flag—that must be protected. diversity. The fact that we are black viewpoint discrimination in the major- We are here today deciding whether and white does not automatically gen- ity opinion of Rosenberger versus the to add the 28th amendment to the Con- erate fellowship and harmony. The fact University of Virginia. Justices stitution, with a thought, I believe, that we are Christian, Jew, and Mos- Rehnquist, Scalia, Thomas, Kennedy, that the flag is worthy of constitu- lem does not send us running into one and O’Connor—Rehnquist, Scalia, and tional protection. Although I believe it another’s embrace to herald our dif- Thomas not accused of being a liberal is worthy of constitutional protection, ferences. The fact of the matter is that triumvirate—said: I nevertheless must oppose the con- people fear that which is different. It is In the realm of private speech or expres- stitutional amendment that is before a human condition. sion, government regulation may not favor us now. I oppose it because, in my Our diversity naturally pushes us one speaker over another. When the govern- view, it puts the flag on a collision apart, not together. But what holds us ment targets particular views taken by course with the Bill of Rights. together as a nation, Mr. President, is speakers on a subject, the violation of the Again, the purpose of these amend- not a common language, although I first amendment is all the more blatant. ments is to protect the flag as if we are think that is necessary; not a common The Government can tell us we may going to protect a tombstone, as if we world view, which I do not think is nec- not blast our opinions over a loud- are going to protect the national eagle, essary. What holds us together is a speaker at 3 a.m. in the morning. It as if we are going to protect it as the common commitment to a system of can tell us that we cannot distribute most precious of those symbols. It does government, a covenant of goodwill, of obscenity and that we cannot spread li- not matter to me whether someone tolerance, of equality, and freedom, belous statements about one another. comes with a sledgehammer and defiles that is enshrined in the Constitution. But it cannot apply different rules a tombstone of a war hero by saying, ‘‘I And the flag stands as the single most based upon the viewpoint of the broad- do this because I do not think this important symbol of that covenant. It cast, the obscenity, or the libel. It can- slate of granite warrants being on top is the story of all we have been and the not say you cannot engage in that ob- of your sacred body.’’ I do not care symbol of what we wish to become. scenity because of the viewpoint of the whether they do it when they smash it To me, the flag is much more than expression, you cannot broadcast some- because they say, ‘‘I do this because I the sum of the stars and the stripes. It thing because of the viewpoint you are protest you and the war that you sounds corny to say, and to listen to it expressing, or you cannot say that fought in,’’ and so on. The end result is sometimes, but it is also idealistic. I about another person because of the the tombstone is destroyed. believe that it is important even more viewpoint that you are expressing. It That is the story I want to get across now than then for all Americans to feel cannot apply different rules to Demo- about the flag. If it is the flag we wish like a family. Like all families we have crats and Republican, hippies and to protect and not amend the first our problems. We squabble with each yuppies, rich and poor, black and amendment, not make choices among other. We misunderstood each other. white, or any other division in this the types of speech we can engage in, And we hurt each other in countless country. then let us protect the flag—nothing

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18318 CONGRESSIONAL RECORD — SENATE December 11, 1995 else. As I said, I do not care whether a flag. Is that profaning the flag? Is she which you thought was intended to be someone takes that flag and lights the to be arrested? disrespectful toward the flag and not flag and burns it in this Chamber offer- How about the woman who buys the that which in your judgment was not.’’ ing it up as a sacred symbol for all who $5,000 sequin dress that has a flag on it? If I am not mistaken, I remember the died in the name of this country or Is that profaning the flag? Does it mat- example I gave. I said, how about if grabbed it and burned it because they ter what her figure is like to determine there are two veterans at the war me- are protesting the grotesque policy of what use the flag is being put to? morial, the Vietnam War Memorial, the United States on such and such. I rode in a parade recently in my and they each go down and they have The end result is the national symbol home State, and it was a parade that their own flag, and he kneels down be- is burned. And when we go beyond pro- was honoring the war dead. It was Me- fore the wall, one of them, and one hap- tecting merely the symbol, we go to morial Day. We went by on Union pens to be a woman. And she takes out choosing, making choices among the Street in Wilmington, DE, the home of the flag, very respectfully, puts it in an types of speech we will allow Ameri- a black veteran, and he proudly had his urn, puts a little lighter fluid on it and cans to engage in. flag flying on his front porch on a row lights it, and says, ‘‘I’m offering this I oppose the amendment because it house, and on the other side of the flag flag up to purify the soul of my de- puts the flag on a collision course with sewn perfectly so it was the exact same ceased husband whose name is on the the Bill of Rights. Let me expand on size was the African national symbol, wall and fought valiantly for his coun- that. The proposed amendment gives black, red, and green. Is that profaning try in a noble effort.’’ the Congress and the 50 States the the flag? He meant it out of respect. He And another Vietnam veteran comes power to prohibit the physical desecra- was a war veteran. If I am not mis- down and kneels down, takes out an tion of the flag. And that word ‘‘dese- taken, he had been president of one of urn, puts a flag in it, and puts lighter cration’’ is loaded. It is loaded with our veterans organizations. Is that pro- fluid on it and lights it, and says, ‘‘I’m ambiguity. It is laden with value. And faning the flag? Well, in Maine, maybe offering this flag up in anger for the it will inevitably lead to trouble. To it would not be profaning the flag. In wasted lives of my friends and brothers desecrate, like beauty, is in the eye of southern Delaware or Alabama it who are on this wall’’—in anger—‘‘for the beholder. maybe would be viewed as profaning what my country did to them.’’ Here is what the dictionary says the flag. If there is a park cop, a D.C. cop desecrate means: Who makes those choices—the local standing there, what does he do? And To divert from a sacred to a profane use or constable, the local cop, the local cen- he says, ‘‘Arrest the veteran who said purpose; to treat with sacrilege; to put to un- sor? That is the crux of my objection he is burning this flag out of anger, but worthy use. to this amendment. It makes not the do not arrest the widow who is burning So to determine whether an action act but the message the crime. And in this flag to honor.’’ desecrates, we must first make a value doing so it gives the Congress and the That will be the first time in the his- judgment about what the message the States license to discriminate between tory of the United States of America actor is trying to convey is. We usually types of speech they like and types of we passed a law that was constitu- talk about desecration in terms of our speech they do not like. But you do not tional—because, by definition, a con- religious values—to desecrate a cross have to take my word for it. stitutional amendment will be con- or a crucifix, to desecrate a menorah, Back in the bad old days, when I was stitutional—that said, ‘‘Government, to desecrate a temple, to desecrate a chairman of the Judiciary Committee you can choose to punish those who say church, to desecrate a sacristy, to dese- and subsequently as the ranking mem- things you don’t like, and let those crate a host. Although I revere the ber, we held extensive hearings about who say things you do like go for the flag, I do not put the flag on the same the exact same amendment 5 and 6 same exact physical act that they en- level as the sacred symbols of our vary- years ago, and we heard from its au- gage in.’’ ing religions. It is a different thing. We thors, then members of the Bush ad- Now, ladies and gentlemen, how does have never decided that any of our civil ministration, noble and honorable men, that stop? Where does that stop? Do we actions should rise to the level of spir- and they pulled no punches to this really want the Federal Government, itual undertaking. And so when you question. They admitted right out that let alone the 50 States, to be able to talk about desecration, you have to un- the goal was to allow the Government make those judgments that we have derstand that you are applying and al- to discriminate between bad flag burn- never allowed before? Lest anyone say lowing the application of value judg- to me that things have somehow ments that we will attach to the ac- ers and good flag burners. More specifically, then Assistant At- changed this year, I point to the com- tions of the actor who is desecrating torney General William Barr, who be- mittee report that was just published the flag. Does he mean to profane the flag? came Attorney General of the United by the Judiciary Committee. The ma- What does that mean? Obviously, we States, and a fine one, in my view, in jority views make it clear that view- have to determine that subjectively, 1989 said that the message, ‘‘Would per- point, neutrality—that issue I talked whether it profanes the flag. Does her mit the legislature to focus on the kind about earlier—is neither a goal nor an action treat the flag irreverently or of conduct that is really offensive.’’ He attribute of the proposed legislation. contemptuously? Is the flag being put said that there is ‘‘an infinite number Here is what the attending com- to an unworthy use? of forms of desecration and that States mittee report to this constitutional When we make those kinds of value would have substantial discretion in amendment says: ‘‘The committee,’’ judgments, we are not making the act fashioning flag laws.’’ meaning the Judiciary Committee, of burning the flag a crime. We are One year later, Acting Assistant At- ‘‘does wish to empower Congress and making the message behind the act the torney General Michael Luttig testi- the States to prohibit contemptuous or crime. I will refer to this later. But is fied that the goal of the amendment disrespectful physical treatment of the it in fact putting the flag to an unwor- was to ‘‘punish only actors that were flag. The committee does not wish to thy use to put it on the side of a hot intending to convey contempt.’’ compel the Congress and the States to dog vendor’s stand? Maybe that is all Now, when I heard him say that, I penalize respectful treatment of the right. In one community, they may say wanted to make sure I did not mis- flag.’’ that is a good idea. understand, so I asked Mr. Luttig point You all think I am kidding about How about the guy who runs the por- blank, would it be permissible under this? Any of the people in this Chamber nographic theater, and on one side of this amendment to pass laws discrimi- who listened, you get 1,000 catalogs in the marquee he puts some lewd and ob- nating between types of expression— the mail, everyone from L.L. Bean to, scene or profane or pornographic title not types of burning; you use the same I do not know, all these catalogs. Look of a film being shown inside and on the match, same flag—but the type of ex- at the catalogs you get for swimsuits. other side he drapes the American flag. pression that went along when you Look at them—not even ones you Is that putting it to an unworthy use? were burning the flag. Was that the asked to have sent to you—and you How about the woman who buys the purpose? And he said, ‘‘That is correct. will see the swimsuits, men and wom- revealing thong bikini that is made in You could punish that desecration en’s are flags—a flag.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18319 In some parts of my community, a good idea? That is content. That is thought that one through. But that is someone wearing a one-piece swimsuit content. precisely what the proponents of the with a flag on it would not be viewed as So when we talk about the public is amendment say it would do and should disrespectful, someone wearing a two- not neutral, they are not neutral on do. They would have the flag embla- piece swimsuit would maybe not be, anything. Should people have a right zoned with the slogan ‘‘Government is someone wearing a bikini may very to stand up and offend us as some do great’’ treated differently than one well be. And you think—I know this is and make pro-Communist speeches or that says, ‘‘Government is rotten.’’ funny, but it is real. It is real. These what about these defiling Nazi types Get that flag, put on it, ‘‘The U.S. are real things. You are going to em- around this country? What about these Government is great.’’ Does that deface power some local cop, some local com- militia guys, some of whom wear swas- the flag? Put on the same flag, ‘‘The munity, to make a judgment. If I show tikas? I am not labeling all militia peo- U.S. Government is rotten,’’ and what up in boxer shorts, a kind of swimsuit ple, but some are. The white suprema- is that? Is that OK? Well, as a U.S. Sen- with a flag on it, no problem. If some cists—it makes my blood boil when I ator who has occasionally had some young, 19-year-old, muscle-bound guy hear what they say about our country, scurrilous things said about him be- shows up in a bikini with it on, well, about Jews, about blacks. But, guess cause I am part of the Government and they may say that is kind of offensive, what, folks? They are entitled to say because I am who I am, I sure would that is too revealing. it. It offends all of us, 95 percent of us. like to have the power to pass a law Is that the business we want to get So if I decide, as Mr. Cooper says, saying, ‘‘You can’t say bad things into? And, by the way, what is a flag? public sentiment is not neutral, it is about me, I’m part of the Government, Is the flag a decal? You stick a decal on not neutral on that, it is not neutral on only good things about me. If they are the side of a hot-dog vendor stand. the Ku Klux Klan, it is not neutral on bad things, you can’t say them.’’ Well, what is that? What happens if white supremacist organizations, it is I would like all the newspaper editors they take these little flags, these little overwhelmingly opposed, so because it in America to understand that from decal things they hand out and put pins is not neutral, we go with a majority now on, we may have an amendment on—some are stickers—and burn one of sentiment? Are we prepared to say that you cannot say anything bad those? Is that desecrating the flag? Is that? Are we prepared to outlaw their about a U.S. Senator, notwithstanding that the business we want to get into speech? Well, it would make me feel the fact we deserve it and I deserve it. as a nation? good. I would like to do it. But if we go Under this amendment, the State Also, this year the proponents of this for them today, who do we go for next? could send to jail the fringe artist dis- amendment highlighted the testimony How about the time when people playing the flag on the floor of an art of former Assistant Attorney General stood up 40 years ago and made speech- museum while giving its blessing to a Charles Cooper. Here is what former es about black equality, made speeches veteran who displays the flag on the Assistant Attorney General Charles about the rights of blacks to partici- ground at a war memorial. That, I be- Cooper had to say a few months ago. pate in our society? The majority of lieve, is not content neutral. [P]ublic sentiment is not neutral. folks in certain parts of the country, The State could, as I said, arrest the including my State, were not for that. widow who burns the flag to protest Parenthetically, I would note that is the war that took her husband’s life a profound observation. Would they be able to pass a law in the State of Delaware saying you cannot while smiling on the widow who burns [P]ublic sentiment is not ‘‘neutral’’; it is say that? ‘‘You’re a rabble-rouser, the flag in memory of her fallen hus- not indifferent to the circumstances sur- band. I believe this type of viewpoint rounding conduct relating to the flag. If such talking about that 19 percent of my conduct is dignified and respectful, I daresay population that is black having equal discrimination exacts too high a con- that the American people and their elected rights.’’ stitutional price to protect the flag. As representatives do not want to prohibit it; if Probably a significant portion of the Justice Jackson so memorably put it such conduct is disrespectful and contemp- American public is offended by some of in the flag statute case of 1943: tuous of the flag, I believe that they do. the more militant aspects of the gay The very purpose of the Bill of Rights was I believe that, too. It makes my and lesbian movement who stand up to withdraw certain subjects from the vicis- blood boil when I read the testimony of and make speeches about what their situdes of political controversy, to place that young guy standing on the floor rights are. The fact that it is not neu- them beyond the reach of majorities and of- on the steps of the capitol in Texas ficials. . . If there is any fixed star in our tral, that we are not neutral on that constitutional constellation, it is that no of- saying, ‘‘Red, white, and blue, I spit on subject as a nation, then we have a ficial, high or petty, can prescribe what shall you,’’ and burning a flag. They are the right to outlaw it? be orthodox in politics, nationalism, religion kind of things that—fortunately, most I believe that this whole argument or other matters of opinion or force citizens of us were not around—they are the misses—the argument made by those to confess by word or act or faith therein. kind of things that literally start who talk about whether we are neutral What it boils down to is this: This fights with people who do not have a on it or not, that we should be able to amendment, as presently drafted, al- lot of self-control in circumstances act on what we are not neutral about— lows the Government to pick and like that. And I probably would fit in misses the greatest constitutional choose, to make flag burning illegal that category. point. only in certain situations involving But what is the difference? We are It misses, indeed, the genius of the only certain circumstances and only if going to allow—obviously, public senti- first amendment. Here in America the carried out by certain people and only ment is not neutral on anything. It is majority, by and large, does not get to for the time in question, because 2 not neutral on what we say about—I choose what can and cannot be said by years later, 5 years later, 20 years happen to be a Roman Catholic. It is the minority, or by anyone else for later, 40 years later, it can change. not neutral on how some of the far- that matter. And the Government, This discrimination is precisely and right folks talk about my church. I do more importantly, is constitutionally most profoundly what the first amend- not like the way they talk about the restrained from deciding what speech is ment forbids, and the amendment that Pope. I do not like the kind of com- good and what speech is bad. But that works this kind of discrimination does ments they make. I find it offensive. I is precisely what the proponents of this not protect the flag, it censors speech. happen to be a member of the largest amendment say it would do and should Another problem with the amend- single denomination in the United do. Let me be precise. ment is that it fails to define the word States of America because 33 percent of That is what the senatorial and con- ‘‘flag.’’ This would add yet another us are Catholic. There are more Catho- gressional proponents of this amend- layer of difficulty in interpretation and lics in here than any other single de- ment mean for it to do. I really do not application and open the door further nomination in the Congress, if I am not believe the vast majority of the mem- to inconsistencies among the States. mistaken. bers of the American Legion and the Again, each State would have consider- Should we pass a law saying, ‘‘It of- vast majority of veterans groups and able discretion to craft its own defini- fends me. It offends me. You can’t say the vast majority of Americans know tion, and, again, the possibilities are those things about my church’’? Is that that it will do this. I do not think they nearly endless.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18320 CONGRESSIONAL RECORD — SENATE December 11, 1995 As Assistant Attorney General Barr cousin up north in the State of Wash- it is a constitutional amendment—it testified, the legislation would be able ington. gives Congress the power to enact a to criminalize conduct dealing not only If we want to protect the flag, we specific viewpoint-neutral statute, a with the flag as we know it but with, should have one national viewpoint- statute making it unlawful to burn, and I quote, ‘‘descriptions of the flag, neutral standard. The Constitution, mutilate or trample upon any flag of such as posters, murals, pictures, but- after all, stands for proud and broad the United States, period. It does not tons or other representations of the principles, not a patchwork of 50 dif- matter who burns, mutilates, or tram- flag.’’ ferent and idiosyncratic ideas. I agree ples the flag, and it does not matter Indeed, Mr. Barr, in speaking in favor that we should honor the flag. We why. Under my proposal, it would be of such a sweeping definition, said that should hold it high in our hearts and in unlawful to do the flag harm, no ifs, it would, and I quote again, be: ‘‘con- our law, but we should not dishonor the ands, or buts. It makes a single excep- sistent with the Government’s interest Constitution in the process. tion for disposing of the flag when it in preserving the flag’s symbolic value With all due respect for my good has become worn or soiled, and it says because it recognizes that the desecra- friends, ORRIN HATCH and HOWELL HEF- a flag is what we all know a flag to be, tion of representations of the flag dam- LIN, I think this amendment does vio- that which is commonly displayed and age that interest as much as the dese- lence to the core of the first amend- is defined by the Congress. It rules out cration of the flag itself.’’ ment principle of viewpoint neutrality. things like pictures of flags, napkins So in Maine, it might be a crime to This is the price that I am unwilling to with flags on them, and other represen- draw a flag being fed into a shredding pay. But more to the point, it is a price tations of the flag. machine. In California, it might be a we do not have to pay to protect the My proposal also gives the Congress the power to write appropriate pen- crime to wear a sequined dress in the flag. We can do both: Preserve the first alties for violating the statute. Let me pattern of a flag or a flag bikini or T- amendment in viewpoint neutrality, say at the outset that I am the first to shirt. In Mississippi, the legislature and we can protect the flag and pre- acknowledge that the restriction on might make it a crime to put a flag serve the first amendment at the same flag burning is a restriction on expres- decal on the side of a hot dog vending time. And that is what the amendment sive conduct. There are no two ways machine. I now propose seeks to do. about it. When Gregory Johnson This sort of disparity among State AMENDMENT NO. 3093 burned the flag at the Republican con- laws, whether it is over the meaning of (Purpose: Proposing an amendment to the vention in 1984 and chanted the words ‘‘desecration’’ or the definition of Constitution authorizing Congress to pro- ‘‘America, red, white, and blue, I spit ‘‘flag,’’ is especially inappropriate here tect the physical integrity of the flag of on you,’’ he was trying to say some- where we are talking about the Na- the United States) thing. It may have been no more than tion’s symbol. This is not the symbol Mr. BIDEN. Mr. President, I send the an ‘‘inarticulate grunt or roar,’’ as of Mississippi or Delaware, Alabama, amendment to the desk and ask for its Chief Justice Rehnquist puts it, but it South Carolina, California, Maine, or immediate consideration. was communicative nonetheless. Montana. It is the national symbol. The PRESIDING OFFICER. The So let us be honest, any attempt to The reason it is worth preserving is be- clerk will report. limit flag burning does limit symbolic cause it unifies this diverse Nation, The assistant legislative clerk read conduct, but that was just as true back and the notion that a single State can as follows: in 1989 when 91 Senators voted for my determine what that should be is, on The Senator from Delaware [Mr. BIDEN] Flag Protection Act, which made it a its face, preposterous. proposes an amendment numbered 3093. Federal crime to burn, mutilate, or I understand that there is a possi- Mr. BIDEN. Mr. President, I ask trample on the flag. Let us be honest bility that the distinguished Senator unanimous consent that the reading of about another thing. This first amend- from Alabama, Senator HEFLIN, and the amendment be dispensed with. ment does not give symbolic conduct, others, may have an amendment to The PRESIDING OFFICER. Without or any other kind of speech, for that amend this amendment to take out the objection, it is so ordered. matter, limitless protection. You can- right of the States to do this. I am not The amendment is as follows: not burn a draft card to protest the sure of that, but that is what I under- Strike all after the resolving clause and in- war, and you cannot sleep in Lafayette stand. That would be a positive step, sert the following: That the following article Park to protest the homelessness of because it is, on its face ludicrous—lu- is proposed as an amendment to the Con- America; you cannot spray paint your dicrous—to allow each State to deter- stitution of the United States, which shall be views on the Washington Monument; mine how much they are going to pro- valid to all intents and purposes as part of the Constitution if ratified by the legisla- you cannot blast them from a sound tect the national symbol. truck in a residential neighborhood at Some States in the past, and I do not tures of three-fourths of the several States within seven years after its submission to 3 a.m. in the morning. say this disrespectfully, decided it the States for ratification: When we prohibit flag burning, we should not be our national symbol and ‘‘ARTICLE— are not interfering with a person’s free- decided to have another flag. I do not dom to express his or her ideas in any want any State telling me what that ‘‘SECTION 1. The Congress shall have power to enact the following law: number of other ways. As four Justices symbol should be and how it should be ‘‘ ‘It shall be unlawful to burn, mutilate, or noted in the Eichmann case—that is treated. It is a national symbol. trample upon any flag of the United States. the one that declared my statute un- It is a symbol of the Nation, not of ‘‘ ‘This does not prohibit any conduct con- constitutional—it may well be true the States, and an amendment which sisting of the disposal of the flag when it has that other means of expression may be will foster a crazy quilt of laws all become worn or soiled.’. less effective in drawing attention to across the map misses the point and an ‘‘SECTION 2. As used in this article, the those ideas, but that is not itself a suf- important one: It will be more divisive term ‘flag of the United States’ means any flag of the United States adopted by Con- ficient reason for immunizing flag than unifying. gress by law, or any part thereof, made of burning. Presumably, a gigantic fire- Why is it any less reprehensible to any substance, of any size, in a form that is works display or a parade of nude mod- burn a flag in Louisiana than it is in commonly displayed. els in a public park might draw even Montana? Why should we be able to ‘‘SECTION 3. The Congress shall have the more attention to a controversial mes- wear a flag T-shirt in a wet T-shirt power to prescribe appropriate penalties for sage, but such methods of expression contest in Arkansas or Delaware and the violation of a statute adopted pursuant are nonetheless subject to regulation. not in Florida or California? to section 1.’’. We limit the manner in which folks Moreover, constitutional rights and Mr. BIDEN. Mr. President, I shall not can express themselves all the time, as principles should know no geographic seek to have a vote on the amendment long as we limit everyone the same boundaries. A Delawarean should not at this time, under the order. way. We cannot say that I can have a be accorded greater freedom of speech My amendment is simple and fireworks display and you cannot. We than his neighbor across the way in straightforward. It leaves no room for cannot say that one nude person could Pennsylvania. A Californian should not guesswork about what it will mean. It go through a park and another one can- have more due process rights than her gives the Congress the power to enact— not. We must treat all people the

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18321 same—as long as we do it the same walk on the flag at a college campus for, as I said earlier, I do not want any way. But we do limit the ways in which sit-in, but not at the war memorial. My other State defining to me what my we can express ourselves. And that, Mr. amendment would criminalize both, if national symbol means. This is a na- President, is precisely the point. that is what the Congress legislated. tional symbol. This is the National We cannot let someone make a In my view, it does not matter why Government, and the National Govern- speech on top of the Capitol in favor of you burn or mutilate or trample on the ment should have unifying rules about American involvement in Bosnia but flag; you should not do it, period. I do the national symbol. That is what my tell the person with a contrary view not care whether you mean to protest amendment does. Only the National that he cannot go up there and make the war or praise the war or start a Government, speaking for the Nation the same speech. But we can tell them war. You should not do it. Our interest as a whole, can speak to how we should both, and everyone else, that no in the flag is in the flag itself as a uni- treat that unifying symbol. speeches can be made from the top of fying symbol. I might add, the person This means my amendment would the Capitol dome. We just cannot riding down Constitution Avenue not let some violate the physical integ- choose among the speakers. We can, watching the veteran burn the flag to rity of the flag but not others. Under thus, restrict the time, place, and man- memorialize his colleagues has no no- this amendment, no one will be able to ner by which people express them- tion why he is doing it. All he knows is do the flag harm. With viewpoint neu- selves. The thing we cannot do is regu- that the national symbol is being trality as its signpost, the amendment late the content of their expression and burned. Under their amendment, you preserves the first amendment’s car- discriminate between the various view- would have to get close enough to hear dinal value. points being expressed. what was being said in order to deter- The amendment also ensures that the I think that we can and that we mine whether or not it should be al- implementing legislation will be view- should tell everyone they cannot burn lowed or not allowed. I find it no less point neutral, and it makes sure that the flag. I agree with Justices Warren, demeaning that someone would, in there will not be a patchwork of con- Fortas, and Black that the right to order to pay respect to my deceased flicting local flag protection laws. burn the flag does not sit at the heart family, trample across our grave plots What will be a crime in Delaware will of the first amendment. But I also than I would if someone tramples also be a crime in Utah. There will not agree with Justice Scalia when he said, across them to show disrespect. I do be a place in the Nation you can go and ‘‘The Government may not regulate not want anybody trampling where my legally burn my flag, our flag. We do speech based on hostility or favoritism family is buried. I do not want anybody not have a flag T-shirt contraband in toward the underlying message ex- burning the flag, whether they are Minnesota but it is all the rage down in pressed.’’ The point of the first amend- doing it to praise me or condemn me. Florida. Under this amendment, unlike the ment is that the majority preferences They should not do it. must be expressed in some fashion Our interest is in the flag—in the flag Hatch-Heflin provision, we know what we are getting. We are getting legisla- other than silencing speech on the itself—not in advancing or silencing tion that protects the flag while at the basis of content. Yes, I agree with Jus- any particular idea that the flag de- same time preserves our speech; at the tices Scalia, Rehnquist, Thomas, Ken- stroyer might have in mind. But do not same time, presenting prosecutions and nedy, and O’Connor in their strong and take my view for it, ask a Boy Scout. convictions based upon viewpoint dis- unequivocal condemnation of view- If a Scout sees a flag dip to the ground, crimination. point discrimination just last term in he runs to pick it up, does he not? That To be sure, my amendment impacts the Rosenberg case. I remind my col- is how I trained my boys and my first amendment values, but I believe, leagues, nobody has ever accused Jus- daughter. That is how I was trained as on balance, that it stands in the proud tice Rehnquist of being a radical or a a Scout from the time I was a little tradition of many legal scholars from liberal, or Justice Scalia of being a kid. It does not matter why it fell; do Justices Harlan to Fortas, from Black radical or a liberal, or Justice Thomas not let it touch the ground. He does not to Stevens, from Chief Justice Warren of being a liberal, and the list goes on. care why the flag is on the ground, he to Justice Burger, who believe that Flag burning may not sit at the heart does not care who let it fall, he does flag protection and free expression are of the first amendment, but the prin- not care what somebody might have not incompatible. ciple against viewpoint discrimination been trying to say when they let the I join them in believing that the sin- does sit at the heart of the first amend- flag fall; all he knows is that the flag gular symbol of our Nation ought to be ment. is something special and it should not protected. They recognize, as Justice This is one of those defining con- be on the ground. And so it should be Holmes once said, ‘‘We live by sym- stitutional principles that sets Amer- with all of us. bols.’’ We live by symbols. I share that ica apart and, in so many ways, above If the only justification for pro- view. We must protect both the flag other nations. Here, the Government tecting this flag, Mr. President, and if and the first amendment. One is a sym- cannot regulate speech based on the it, in fact, is the unifying symbol of a bol, the other is the heart of the Na- viewpoint of the speaker. Here, the diverse nation and it serves a greater tion and who we are as a people. Government cannot pick and choose Government purpose of holding us to- We must protect the flag because it between speech it likes and speech it gether or reminding us how we are the is a unique and unifying symbol of our does not like, and criminalize what it same and not different, if that is not Nation, and we must protect the first rejects but not what it respects. the purpose, then this exercise is pro- amendment because it is our single That is the bedrock first amendment fane, the exercise we are undertaking greatest guarantee of freedom in this principle upon which my proposed is profane. country. amendment is based, and it is the prin- For what else is the reason? Inter- The amendment that I propose today ciple—the core principle, in my view— ested in a cloth maker, we do not want does nothing more than authorize a that separates my proposal, my con- them burned? Or we have a greater in- single law protecting the flag. It does stitutional amendment, from the one terest in cloth makers, so they can buy nothing less than respect the core first proposed by Senators HATCH and HEF- and sell more flags? What is the pur- amendment values of neutrality and LIN. pose? equality. We can protect both the flag Their amendment allows and, in fact, It either unifies or does not; it either and the liberties for which it stands, encourages viewpoint discrimination. should be soiled or not soiled. We can- but, in my humble opinion, the Heflin- Mine, flatly stated, prohibits it. Their not have any other rationale that I can Hatch amendment sacrifices one for amendment would send to jail a guy come up with. The flag is a cherished the other. I will at the appropriate who burns the flag to protest the war, symbol, not as a vehicle for speech; it time strongly urge my colleagues to re- but not the guy who burns the flag to is a cherished symbol, period. That is ject their amendment and hopefully praise the war. My amendment would why it should be protected. vote for mine, instead. throw them both in jail, if that is what That is what my amendment does. In conclusion, Mr. President, I also the Congress decides to legislate. Their The amendment authorizes Congress, respect those who believe my amend- amendment would make it a crime to and Congress alone—not the States— ment should not become part of the

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18322 CONGRESSIONAL RECORD — SENATE December 11, 1995 Constitution. I respect them very generations of brave Americans to tober 23, 1995, from two distinguished much. What I do not think anyone can fight, and in some cases, to give their scholars, Richard Parker of the Har- disagree with is that there is a funda- lives, in its defense. More than 2,300 vard Law School and Stephen Presser mental distinction between the amend- brave Americans made the ultimate of Northwestern University School of ment in terms of its impact on the first sacrifice for that flag and the Nation it Law, on this point. represents on that fateful day 54 years amendment. There being no objection, the letters My objective here, as much as pro- ago. were ordered to be printed in the tecting the flag, is in fact to protect The flag is the one symbol that RECORD, as follows: and guarantee the first amendment. As unites our very diverse people in a way I say, there is no one on this floor since nothing else can, in war or in peace. HARVARD LAW SCHOOL, I have been here who has been more Whatever our differences of race, eth- Cambridge, MA, October 23, 1995. DANIEL S. WHEELER, deeply involved in attempting to pro- nic background, religion, social or eco- Citizens Flag Alliance, tect the flag than I have. nomic status, geographic region, poli- Indianapolis, IN. I authored the first statute that tics, or philosophy, the American flag DEAR DAN, Thank you for sending the por- passed. I authored this amendment 5 forms a unique, common bond among tion of the Congressional Record for October years ago, but I do not take kindly to us. 19 including the ‘‘Flag Protection and Free the notion that we are going to con- The American flag is more than a Speech Act of 1995’’ proposed by Senator sider an amendment that may very symbol of unity to the people of this McConnell on behalf of himself and Senators well pass, that will, in fact, allow the Nation. For generations, it has served Bennett and Dorgan. Federal Government and State Govern- as a symbol of hope and of freedom to The proposed statute would be struck down ments for the first time to choose people around the world. by the Supreme Court. The statute, there- among the types of speech they wish us For over 200 years, the American peo- fore, does not offer a viable alternative to an to be able to engage in: criminalize ple enjoyed the right to protect one amendment of the Constitution allowing the one, and not the other. If it is a na- unique national symbol, their flag, representatives of the people—if they so tional symbol, protect it, period. from acts of physical desecration. This choose—to protect the U.S. flag against I yield the floor. right was exercised by the Congress ‘‘physical desecration’’. The truth is that the The PRESIDING OFFICER (Mr. and the 48 States which adopted flag only way to enact the statute they propose FRIST). The Senator from South Caro- protection statutes, until two wrongly would be to enact the constitutional amend- lina. decided, 5 to 4 Supreme Court decisions ment first. Mr. THURMOND. Mr. President, the took away that right. The Congress tried once before to find an American people overwhelmingly sup- It is up to the Senate to decide alternative to constitutional amendment. In port this proposed constitutional whether to acquiesce in Supreme Court 1989, after the Supreme Court struck down a amendment Senate Joint Resolution decisions which misconstrue the first Texas prohibition of flag desecration in the 31. Poll after poll has shown that near- amendment and leave our national Johnson case, Congress was persuaded to try to write a ‘‘neutral’’ statute protecting the ly 80 percent of all Americans favor le- symbol with no greater protection than flag that, it hoped, would satisfy the Court’s gally protecting the American flag an ordinary rag. 5–4 majority. Congress enacted such a stat- against acts of physical desecration. I believe that protecting our flag ute in October 1989. In June 1990, the Court’s Forty-nine State legislatures have against acts of physical desecration majority struck it down in the Eichman case. called upon Congress to pass and send does not infringe on constitutionally The Court made its view perfectly clear: No to the States for ratification a flag- protected freedom of speech. I believe statute will pass muster if it singles out the protection amendment. Three hundred that Chief Justice Earl Warren, Justice flag of the United States for protection and twelve Members of the other body Hugo Black, and Justice Abe Fortas against contemptuous abuse. Such a statute, have already voted for this amend- were correct when they wrote that the in the opinion of the five Justices, involves first amendment, which those distin- taking sides in favor of what is uniquely ment. symbolized by the flag—our ‘‘aspiration to This is not a partisan issue. Ninety guished jurists so passionately de- national unity.’’ This singling out of the flag three Democratic Representatives, fended, does not bar Congress from pro- for protection, they believe, violates the nearly half of the Democratic Members hibiting physical desecration of the Constitution as it now stands. of the House, voted in favor of this American flag. Of course, Senator McConnell, speaking for amendment. The Democratic leader, Amending our Constitution is not an Senator Bennett and Senator Dorgan, says DICK GEPHARDT voted ‘‘yes,’’ as did 2 easy task, nor should it be undertaken they hope to satisfy the Court by confining Democratic whips, 2 cochairs of the lightly. With respect to enacting legal punishment of ‘‘[a]ny person who destroys or Democratic Policy Committee, the protection for the American flag, how- damages a flag’’ (a) to those who do so with chairman of the Democratic Congres- ever, the decisions of the Supreme intent to ‘‘incite or produce imminent vio- sional Campaign Committee, and 36 Court in the Johnson and Eichman lence or a breach of the peace’’ and (b) to ranking committee and subcommittee cases make it absolutely clear that a those who steal the flag they go on to ‘‘de- members. It is truly nonpartisan. Here constitutional amendment is the best stroy or damage’’ from the United States or approach. We have tried the statutory on certain federal lands. Because the First in the Senate, amendment cosponsors Amendment permits prohibition of ‘‘fighting include both Republican and Demo- approach. In 1989, after the Johnson de- words’’ and of theft generally, the Senators crats. Old Glory is not a Republican cision, Congress promptly enacted a seem to believe that it also will be held to banner or a Democratic banner. The flag protection statute; and the Su- permit singling out flag abuse, within those American flag is a symbol of our unity preme Court just as promptly struck it two contexts, for particular prohibition. as a Nation—it represents all Ameri- down in the Eichman case. I have great This ploy won’t work. By singling out the cans, regardless of party or philosophy. respect for my colleague, Senator flag for protection against physical abuse, Last Thursday, December 7, was one MCCONNELL, who proposes to substitute the proposed statute still ‘‘takes sides’’ in of those days which holds a special for this amendment a flag protection favor of what is symbolized by the flag. Sen- place in our history; the anniversary of statute. We share the goal of pro- ator McConnell, in his remarks on the floor the attack on Pearl Harbor. It is a day tecting our flag from physical desecra- of the Senate, made clear that this is indeed when we are particularly mindful of tion. But I respectfully suggest to my the intent behind the statute. He said he is the unique symbolism of the American colleague that his approach, however ‘‘disgusted by those who desecrate our sym- bol of freedom.’’ ‘‘[W]e should have zero tol- flag. sincere and well intentioned, will not erance for those who deface the flag,’’ he pro- The flag, which flies today and every- accomplish that goal. In light of the claimed. Although he also said he hopes to day over the remains of the U.S.S. Ari- decisions of the Supreme Court, I be- satisfy the 5–4 majority of the Court that de- zona, one of the ships sunk during the lieve that a constitutional amendment cided Eichman, that majority would look at Japanese attack, and which has been is the best method available to the his remarks and at the face of the proposed preserved as a monument to those who Senate and the American people for re- statute—and it definitely would not be satis- perished in that attack, represents our storing legal protection to our flag. fied. Nation and all that it stands for; the I ask unanimous consent to have In fact, there is a Court decision even more freedoms and ideals that have inspired printed in the RECORD letters dated Oc- recent than Eichman that would doom the

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18323 proposed statute, in the absence of a new Amendment. Once the Flag Protection speech the Framers of the First Amendment constitutional amendment authorizing pro- Amendment becomes law, no one will find sought to protect. Nevertheless, since the hibition of physical desecration of the flag. themselves unable to express any ideas; only Court has been obdurate on this point, it is It is R.A.V. v. St. Paul, handed down in 1992. one particularly odious act will have been now clear that only a Constitutional Amend- In that case, a 5-4 majority of the Justices barred, an act that is, after all, as Chief Jus- ment can protect the flag in the manner Sen- struck down an ordinance that singled out tice Rehnquist suggested, more like ‘‘an in- ators McConnell, Bennett, and Dorgan indi- particular offensive sorts of expression, with- articulate grunt,’’ than the expression of a cate that they clearly desire. My feeling is in the general category of ‘‘fighting words,’’ political view. The Proposed Flag Protection that rather than fearing such a Constitu- for prohibition. This, the Court held, in- Amendment merely returns Constitutional tional Amendment they should embrace it. volved a taking of sides among sorts of mes- law to where it was in 1989, where it was be- It is a profound demonstration of the feeling sages and, so, was invalid. The fact that fore Johnson, and where it had been for over of the American people, and is the people’s ‘‘fighting words’’ in general may be prohib- a hundred years. The Flag Protection time-honored way of correcting erroneous ited, the Court said, does not allow govern- Amendment, in other words, merely corrects constitutional interpretations of the Su- ment to write and enforce laws that prohibit the erroneous constitutional interpretation preme Court. The proposed Flag Protection particular ideological sub-categories of of the majority in the Johnson case. It re- Amendment is no infringement of the Bill of ‘‘fighting words.’’ The statute proposed by turns us to the view that the Bill of Rights Rights, it is, instead, a wonderful exercise in the three Senators thus would be held to vio- has nothing to say which bars flag protec- the popular sovereignty the Bill of Rights late the Constitution as it is now written— tion legislation, a view that was not only was designed to protect. not just arguably, but patently. held by Justice Rehnquist, but also by such Please forgive me for going on at such Senator McConnell spoke last Friday of re- well known defenders of the Bill of Rights as length. As you can tell, I feel strongly on spect for the Constitution. The question I Hugo Black and Earl Warren, as I and others this issue, and believe the Flag Protection would ask the three Senators, then, is this: made clear in our Congressional testimony Amendment is sorely needed. Please let me Does proposing to enact a statute that is in on the Amendment. know if I can provide any further assistance. patent violation of the Court’s interpreta- The second clear constitutional error made With very best wishes, by the proposed statute is the assumption, tion of that document show respect for it? STEPHEN B. PRESSER. Isn’t the path that is most respectful of the also expressed in the ‘‘Findings’’ section, Constitution the one originally specified by that the proposed statute can be successfully Mr. THURMOND. Mr. President, I be- the founding fathers in Article V—the path grounded in the ‘‘fighting words’’ doctrine, lieve it is time for the Senate to join of constitutional amendment? in the notion that the statute could (without with the House in heeding the will of The deepest question, however, is this: Do a supporting Constitutional Amendment) be the American people by passing this the three Senators believe the flag is no dif- justified because flag desecration presents ‘‘a amendment and sending it to the ferent from any other symbol—that it is not direct threat to the physical and emotional States for ratification. unique, not uniquely valuable? Or do they well-being of individuals,’’ or in the notion Mr. President, I ask unanimous con- want to single out the flag and take sides in that flag desecration might be intended to favor of what is uniquely symbolized by it? If ‘‘incite a violent response.’’ These justifica- sent that a list of 105 organizations of that is their view, then they have only one tions have already been clearly rejected by the Citizens Flag Alliance, supporting real choice now: to support a narrowly-fo- the Supreme Court. In the Johnson case Senate Joint Resolution 31, be printed cused constitutional amendment that would itself, the court stated: in the RECORD at this point. permit us to do the thing that they tell us ‘‘The State’s position, therefore, amounts There being no objection, the list was they believe we should do. to a claim that an audience that takes seri- ordered to be printed in the RECORD, as It is that simple. ous offense at particular expression is nec- follows: Sincerely, essarily likely to disturb the peace and that RICHARD D. PARKER, the expression may be prohibited on this CITIZENS FLAG ALLIANCE, INC., Professor of Law. basis. . . Our precedents do not countenance MEMBER ORGANIZATIONS such a presumption. On the contrary, they 1. AMVETS (American Veterans of WWII, RAOUL BERGER, PROFESSOR OF recognize that a principal ‘‘function of free Korea and Vietnam). LEGAL HISTORY, NORTHWESTERN speech under our system of government is to 2. African-American Women’s Clergy Asso- UNIVERSITY SCHOOL OF LAW, invite dispute. It may indeed best serve its ciation. Chicago, IL, October 23, 1995. high purpose when it induces a condition of 3. Air Force Association. DAN WHEELER, unrest, creates dissatisfaction with condi- 4. Air Force Sergeants Association. President, Citizens Flag Alliance, Indianapolis, tions as they are, or even stirs people to 5. Alliance of Women Veterans. IN. anger.’’ . . . It would be odd indeed to con- 6. American Diamond Veterans, National DEAR DAN: You have asked me for my clude both that ‘‘if it is the speaker’s opinion Association. thoughts regarding the constitutionality and that gives offense, that consequence is a rea- 7. American GI Forum of the U.S. the wisdom of the statute to deal with flag son for according it constitutional protec- 8. American GI Forum of the U.S., Found- desecration recently proposed by Senators tion,’’. . . and that the government may ban ing Chapter. McConnell, Bennett, and Dorgan, S. 1335, the expression of certain disagreeable ideas 9. The American Legion. which appears in the Congressional Record on the unsupported presumption that their 10. American Legion Auxiliary. for October 19, 1995. I must admit that I was very disagreeableness will provoke vio- 11. American Merchant Marine Veterans. surprised that three distinguished Senators lence.’’ 12. American War Mothers. could take the position that legislation on Texas v. Johnson, 491 U.S., at 408–409 (1989) 13. Ancient Order of Hibernians. flag desecration could survive constitutional (citations and footnotes omitted). In other 14. Association of the U.S. Army. challenge, in light of the Supreme Court’s words, the very justification now offered by 15. Baltic Women’s Council. decisive rejection of the statutory route in the three Senators for their legislation was 16. Benevolent & Protective Order of the U.S. v. Eichman, 496 U.S. 310 (1990). You will the very position of Texas rejected in John- Elks. remember that when a similar statutory ap- son. In Johnson the court expressly rejected 17. Bunker Hill Monument Association, proach was proposed by Senator Biden and the application of the ‘‘fighting words’’ or Inc. others after the Johnson case, Judge Bork, imminent breach of the peace rationales of- 18. Catholic Family Life Insurance. Charles Cooper, and I testified before the fered by Texas (and offered by the three sen- 19. The Chosin Few. Senate that no statute could pass Constitu- ators), and then went on to declare, ‘‘No rea- 20. Congressional Medal of Honor Society tional muster, and though Lawrence Tribe sonable onlooker would have regarded John- of the USA. and others told the Senate that a flag pro- son’s generalized expression of dissatisfac- 21. Croatian American Association. tection statute would not be found unconsti- tion with the policies of the Federal Govern- 22. Croatian Catholic Union. tutional, they were wrong, and we were ment [his act of flag-burning] as a direct per- 23. Czech Catholic Union. proved right. It could not be clearer that the sonal insult or an invitation to exchange 24. Czechoslovak Christian Democracy in same thing would happen to the proposed fisticuffs.’’ 491 U.S., at 409. The court would the U.S.A. statute once it were challenged in court. be bound to reach the same conclusion in 25. Drum Corps Associates. The new proposed statute is grounded in any test of S. 1335. 26. Enlisted Association National Guard Constitutional error in two ways. First, and Taken together U.S. v. Eichman and Texas U.S. (EANGUS). most obvious, is the implication made in v. Johnson, in my opinion, make as clear as 27. Family Research Council. Section (2) of the ‘‘Findings’’ clause which can be that the Supreme Court would find S. 28. Fleet Reserve Association. suggests that the proposed Flag Protection 1335 to be an impermissible attempt to en- 29. The Forty & Eight (La Societe des Amendment is an alteration of the Bill of gage in the kind of content discrimination in Quarante Hommes et Huit Chevaux). Rights. It is no such thing, as I and others expression that the Court has declared con- 30. Fox Associates, Inc. testified before the House and Senate Sub- stitutionally invalid. I think that the 31. Gold Star Wives of America, Inc. committees this summer. The proposed Court’s reasoning is faulty when what we are 32. Grand Aerie, Fraternal Order of Eagles. Amendment does nothing to alter the guar- speaking of is preventing flag desecration, 33. Grand Lodge Fraternal Order of Police. antee of the freedom of speech in the First since I do not regard that as the kind of 34. Grand Lodge of Masons of Oklahoma.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18324 CONGRESSIONAL RECORD — SENATE December 11, 1995 35. Great Council of Texas, Order of Red 100. U.S.C.G. Chief Petty Officers Associa- I happened to disagree with that deci- Men. tion. sion. Incidentally, Justice Hugo Black 36. Hugarian Association. 101. Veterans of the Vetnam War, Inc. 102. VietNow. earlier disagreed with that idea. But by 37. Hungarian Reformed Federation of a 5 to 4 majority, including Justice America. 103. Women’s Army Corps Veterans Asso- 38. Italian Sons and Daughters of America. ciation. Scalia in the majority, the Supreme 39. Knights of Columbus. 104. Women’s Overseas Service League. Court said you can, as part of freedom Korean American Association of Greater 105. Woodmen of the World. of expression, burn the flag. Total Count: 105. Washington. June 26, 1995. Right next to it on the front page of 41. Laborers’ International Union of N.A. the New York Times it says, ‘‘Chinese 42. MBNA America. Mr. THURMOND. Mr. President, I hope Senators read this list of the Citi- Execute Three in Public Display for 43. Marine Corps League. Protest Role.’’ That is what America is 44. Marine Corps Mustang Association, Inc. zens Flag Alliance member organiza- all about, that we can protest in free- 45. Marine Corps Reserve Officers Associa- tions, like the AMVETS, the American tion. Legion—not only the veterans organi- dom. I do not happen to like protests 46. Military Order of the Purple Heart of zations, but law enforcement organiza- with burning the flag. But we can stand the USA. tions, religious organizations, and fra- up and do that. 47. Moose International. Mr. President, prior to your coming ternal organizations all over this Na- 48. National Alliance of Families. here, one of the most conservative men tion, 105 of them. That is what I am 49. National Association for Uniformed I ever served with in the U.S. Congress putting in the RECORD. I hope the Sen- Services. was Senator Gordon Humphrey of New 50. National Center for Public Policy Re- ate will take occasion to read this list Hampshire. He was more conservative search. and that the Congress will pass this than Senator THURMOND who just 51. National Cosmetology Association. amendment without further debate. 52. National Federation of American Hun- I yield the floor. spoke and usually was listed as more garians, Inc. The PRESIDING OFFICER. The Sen- conservative than Senator HELMS. He 53. National Federation of Hungarian- ator from Illinois. got up in opposition to this amendment Americans. Mr. SIMON. Mr. President, if the on the floor. Listen to what Gordon 54. National Federation of State High Humphrey had to say. School Associations. Senator from Utah desires the floor, I 55. National Flag Foundation. will yield to him. I understand the revulsion and the disgust 56. National Grange. Mr. HATCH. Will the Senator yield? I and the popular cry for remedy that arose 57. National Guard Association of the U.S. ask unanimous consent the distin- out of the Johnson decision. I understand 58. National League of Families of Am. guished Senator from Illinois be grant- that very well. But it seems to me there are times when this body at least ought to be Prisoners and Missing in SE Asia. ed 5 minutes, and I ask further unani- 59. National Officers Association (NOA). able to rise above popular passion and Gallup mous consent I be then recognized to polls and political leverage for the next elec- 60. National Organization of World War call up an amendment or modification Nurses. tions and do what is right for posterity. Lord 61. National Service Star Legion. and to speak to that for a few minutes. knows, we do not do it with respect to the 62. National Sojourners, Inc. Then I ask unanimous consent the dis- budget process or any fiscal matters. Let us 63. National Vietnam Veterans Coalition. tinguished Senator from South Caro- at least do it with respect to our precious 64. Native Daughters of the Golden West. lina be next recognized. natural rights and the preservation of the 65. Native Sons of the Golden West. The PRESIDING OFFICER. Without Constitution. 66. Navajo Codetalkers Association. objection, it is so ordered. Gordon Humphrey, one of the most 67. Navy League of the U.S. Mr. SIMON. Mr. President, I am conservative Members that Senator 68. Navy Seabee Veterans of America. proud of the flag. I remember one of HATCH or Senator KENNEDY or Senator 69. Navy Seabee Veterans of America Aux- the times when I was in the Armed HEFLIN or Senator HOLLINGS or I served iliary. 70. Non-Commissioned Officers Associa- Forces before I went overseas. When with. tion. you were at a football game and they You do not get patriotism by passing 71. PAC Craft Sailors Association. played the ‘‘Star Spangled Banner’’ laws. We get patriotism by having the 72. Patrol Craft Sailors Association. and you could salute that flag in that kind of government our Americans can 73. Polish American Congress. uniform, you had to be cold hearted if be proud of. And, for all its flaws, I am 74. Polish Army Veterans Association you did not get a thrill out of it. proud of this Government and I am (S.W.A.P.). At my home in rural southern Illi- proud of the flag that represents that 75. Polish Falcons of America. nois, you will see a flag flying. We are Government. But, to start, because 76. Polish Falcons of America—District II. 77. Polish Home Army. proud of that flag. But I strongly op- three people last year burned a flag, 78. Polish Legion of American Veterans, pose a constitutional amendment. and say we are going to rush in to hav- USA. What is the big problem? The Con- ing a constitutional amendment, that 79. Polish National Alliance. gressional Reference Bureau says, in is ridiculous. That is not honoring the 80. Polish National Union. 1994, three flags around the Nation Constitution as we should. 81. Polish Roman Catholic Union of North were burned. In 1993, how many flags Mr. President, I yield the floor. I America. were burned around the Nation? Zero. thank my colleague from Utah for his 82. Polish Scouting Organization. If we adopt an amendment to the Con- 83. Polish Western Association. courtesy. 84. Polish Women’s Alliance. stitution, there will be more flags The PRESIDING OFFICER. The Sen- 85. RR Donnelley & Sons, Company. burned in protest, not fewer. There will ator from Utah. 86. Robinson International. always be somebody who is so extreme Mr. HATCH. I thank my colleague 87. Scottish Rite of Freemasonry—North- that he or she is going to do it. And, if from Illinois. I do not agree with him, ern Masonic Jurisdiction. we ban the burning of the flag, what but I thank him. He is ever so gracious. 88. Scottish Rite of Freemasonry—South- about the Constitution? You know, AMENDMENT NO. 3094 ern Jurisdiction. prior to the Civil War, in Massachu- (Purpose: To strike the authorization with 89. Sons of The American Legion. respect to the States) 90. The Orchard Lakes Schools. setts, because the Constitution per- 91. The Retired Enlisted Association mitted slavery, you had over 3,000 peo- Mr. HATCH. Mr. President I send an (TREA). ple gathered in the home State of my amendment to the desk in the nature 92. The Travelers Protective Association. colleague from Massachusetts who of a substitute for and on behalf of my- 93. The Uniformed Services Association gathered and burned the Constitution. self, Senator HEFLIN, and Senator FEIN- (TUSA). Are we going to have another amend- STEIN. 94. Ukrainian Gold Cross. ment to ban burning the Constitution? I ask for its immediate consider- 95. United Armed Forces Association. What about the Bible? That is cer- ation. 96. U.S. Coast Guard Enlisted Association. 97. U.S. Marine Corps Combat tainly sacred to millions of Americans. The PRESIDING OFFICER. Without Corresponents Association. Are we going to make a constitutional objection, the pending amendment is 98. U.S. Pan Asian American Chamber of amendment on that? laid aside. Commerce. Take a look at the New York Times, The clerk will report. 99. U.S.A. Letters, Inc. June 22, 1989. ‘‘Supreme Court, 5 to 4.’’ The legislative clerk read as follows:

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18325 The Senator from Utah [Mr. HATCH], for leagues and the listening audience This means that only Congress will himself, Mr. HEFLIN, and Mrs. FEINSTEIN, should know this about our colleague: define the flag of the United States. proposes an amendment numbered 3094. This is signed by James Forrestal, Sec- Only Congress will determine what Mr. HATCH. Mr. President, I ask retary of the Navy, from the citation conduct is illegal. There will not be 50 unanimous consent that reading of the in presenting the Silver Star to him: or 51 different laws protecting the flag, amendment be dispensed with. For conspicuous gallantry and intrepidity just one. So those who are concerned The PRESIDING OFFICER. Without as Commanding Officer of an Assault Pla- about a multiplicity of flag protection objection, it is so ordered. toon attached to a company of the First Bat- laws, those who are unwilling to let The amendment is as follows: talion, Ninth Marines, Third Marine Divi- State legislators handle this issue—the Strike all after the resolving clause and in- sion, during the Battle of Piva Forks, Bou- amendment just offered will meet sert the following: gainville, Solomon Islands, on November 25, those concerns. We have, frankly, gone 1943. When his men were subjected to intense a long way with this amendment. That the following article is proposed as an fire from hostile mortars and automatic amendment to the Constitution of the weapons while advancing on a strongly orga- Frankly, I did not want to make this United States, which shall be valid to all in- nized and defended Japanese position, First concession. Restoring the state of the tents and purposes as part of the Constitu- Lieutenant Heflin promptly and skillfully law prior to the Supreme Court’s errors tion when ratified by the legislatures of deployed his platoon and courageously led it in Johnson and Eichman seems per- three-fourths of the several States within through difficult jungle terrain under a bar- fectly appropriate to this Senator, and seven years after the date of its submission rage of grenades and gunfire to the edge of quite a few of my colleagues. But I am for ratification: the enemy’s position. Directing his troops in faced with the task of trying to assem- ‘‘ARTICLE — a vigorous, prolonged battle, he frequently ble 66 votes, and I could not count on ‘‘The Congress shall have power to prohibit exposed himself to devastating fire at close those votes with Senate Joint Resolu- the physical desecration of the flag of the range in order to control the attack more ef- tion 31 as introduced. We have a better fectively and, by his unflinching determina- United States.’’. chance if we limit power to protect the Mr. HATCH. Mr. President, all this tion and aggressive fighting spirit, contrib- uted materially to the defeat of the enemy flag to Congress. This would, if rati- amendment does is delete the States and the attainment of his company’s objec- fied, still authorize meaningful protec- from the original amendment. It will tive. First Lieutenant Heflin’s expert leader- tion for the flag. become the underlying amendment ship and fearless conduct under extremely With some reluctance, the American that others will try to amend. hazardous conditions were in keeping with Legion and the Citizens Flag Alliance So I ask unanimous consent that the the highest traditions of the United States support the amendment. Sometimes amendment be agreed to. Naval Service. compromise is necessary in order to I withhold that. One of his fellow marines from Ala- try to get the votes needed to pass a Mr. BYRD. Mr. President, reserving bama in the same division, Conrad particular measure. We are trying to the right to object. Fowler, tells a story in the February gain the necessary support for a flag TRIBUTE TO SENATOR HEFLIN 12, 1995, Birmingham News. The young protection amendment by seeking to Mr. HATCH. Let me just say this, Mr. HEFLIN was among the first wave to delete the States from the amendment. President. I would like to spend a storm Guam, the year following Bou- I believe the flag protection amend- minute or two talking about my friend, gainville. There, he was wounded as I ment supporters in the other body Senator HEFLIN. Let me just ask my mentioned earlier, and Mr. Fowler would accept such a compromise. colleagues for their indulgence for a helped evacuate him. I urge all of the cosponsors and other few moments. Howell was a big guy and we found four of supporters of Senate Joint Resolution I would like to express my apprecia- the biggest Marines we could find to carry 31 as introduced, to support this his stretcher, said Mr. Fowler. The last I saw tion to my colleague from Alabama, amendment. I ask the opponents of of them they were going over a hill toward Senate Joint Resolution 31 as intro- Senator HOWELL HEFLIN. This is the the beach, and Howell was limping along Hatch-Heflin amendment and Senator duced to bend a little, as well. Let us with a stick, and the four Marines were fol- send a revised amendment to the other HEFLIN and his staff have worked very lowing him, carrying the empty stretcher. body and to the States and offer the hard in its favor. Here is the bottom line. We can say, flag protection at the Federal level. Many of us know HOWELL HEFLIN as a nearly 52 years later, as he approaches I also hope that President Clinton fine lawyer, judge, and Senator. I am the close of his public service next will reconsider his opposition to a con- not sure my colleagues are aware of an- year, that the words used to describe stitutional amendment protecting. We other side of the man. I know that oth- HOWELL HEFLIN at the outset of his have gone more than halfway on this. ers in the Senate served in the mili- service to his country have marked the COMPROMISE II tary. I know Senator THURMOND, for man throughout his life: ‘‘unflinching Mr. President, under the substitute I example, took part in the Normandy determination’’; ‘‘aggressive fighting have offered, along with Senators HEF- invasion and fought in both the Euro- spirit’’; ‘‘expert leadership’’; and, LIN and FEINSTEIN, only Congress can pean and Pacific theaters. He ‘‘fearless conduct.’’ write a statute protecting the Amer- parachuted behind the lines in those I want him to know how much I ap- ican flag. With reluctance, the Amer- days, and he is a hero to all of us. preciate working with him in the Sen- ican Legion and the Citizens Flag Alli- HOWELL HEFLIN won the Silver Star ate and on the Judiciary Committee. ance have endorsed this substitute. as a Marine officer in World War II and and, in particular, on this very impor- For those of my colleagues who have later, in the same conflict, was wound- tant amendment that I think would set been worried about letting the Amer- ed in the hand and leg. the tone in this country and would es- ican people have the power to protect The Birmingham News of October 10, tablish a debate on values all over this the flag through their State legisla- 1944, has quite a story on our colleague, country that is long overdue. tures, they need worry no longer. For noting that ‘‘he is home again in Ala- COMPROMISE those of my colleagues who do not bama to modestly and reluctantly tell Mr. HATCH. Having said that, Mr. trust State legislators to protect the the stories of a Marine first lieuten- President, on behalf of Senator HEFLIN, American flag in a reasonable way, ant’s not-to-be-envied life in the Pa- Senator FEINSTEIN, and myself, what their concerns are over with this cific.’’ Nearly 50 years later, in a 1994 we have offered here is a compromise. amendment. D-day story in the Washington Times, It deletes the States from the amend- My question to those colleagues is the reporter remarked, ‘‘When dis- ment. Only Congress will be given this: Do you trust yourselves to write a cussing these battles, the senator never power to protect the flag, if this reasonable statute protecting the uses the personal pronoun. It’s always amendment is adopted. American flag? If the amendment is ‘we,’ referring to the Marines who If the amendment I have offered is ratified, there are ample safeguards. fought beside him. He is clearly made adopted, the revised amendment would Here in the Senate, members of the Ju- uncomfortable when asked to comment read as follows: diciary Committee on both sides of the on his personal valor.’’ ‘‘The Congress shall have power to aisle are going to be vigilant in writing You can blame our two staffs, Sen- prohibit the physical desecration of the the statute sent to the floor. The clo- ator HEFLIN, and I believe our col- flag of the United States.’’ ture rule provides ample protection to

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18326 CONGRESSIONAL RECORD — SENATE December 11, 1995 a minority of Senators who disapprove them, their ideals, their principles, The PRESIDING OFFICER. Without of any such statute pending on the their history, and their future. objection, it is so ordered. Senate floor. The President can veto a One final note, Mr. President. And Mr. HATCH. I thank my colleagues. measure he does not like, requiring a that is, what is wrong with letting the Mr. HOLLINGS addressed the Chair. two-thirds vote. We already know how American people make the determina- The PRESIDING OFFICER. The Sen- difficult it is to try to get such a vote tion here? Should three-quarters of the ator from South Carolina. on this issue. States ratify this amendment, what is Mr. HOLLINGS. Mr. President, I Some of my colleagues are concerned wrong with trusting Congress to write have before us this afternoon two op- about flag bathing suits. This was, in a reasonable statute that would deter- portunities that could be looked upon my view, an exaggerated concern at mine once and for all what physical by my distinguished colleague from best, but I have not heard any of the desecration is all about? We can do it, West Virginia as not an opportunity at congressional supporters of the amend- and we can do it right without infring- all. ment express a desire to cover bathing ing upon scarves or swimming suits or We have debated the balanced budget suits. Senators KENNEDY, LEAHY, sweaters or ties or any number of other amendment to the Constitution al- SIMON, and FEINGOLD raised the ques- items which can be worn with great ready for a month this year. And on tion in the committee views: ‘‘Would pride and belief in the flag of the Friday, when we were formulating a desecration include flying the flag over United States. unanimous-consent agreement, I was a brothel?’’ That is on page 77 of their Mr. President, I ask unanimous con- asked by our distinguished staff if I views. Since the amendment talks sent—and I understand this has been had amendments. I said I had two about physical desecration of the flag, agreed to by both sides—I ask unani- amendments. They cautioned that I this concern was, frankly, totally mis- mous consent that our amendment, the would perhaps have to be prepared to placed to begin with. But since they Hatch-Heflin-Feinstein amendment be debate them on Monday. I said I would will have a say in writing the only agreed to and that it be considered as be delighted. They said it could be statute authorized by the substitute original text for purposes of further under a time limitation. I said that amendment, I hope their concerns have amendment so these other amendments would be very much agreeable to this been substantially reduced. can be considered. particular Senator. This is not the time and place to con- Mr. BYRD. Mr. President, reserving A point of order could be raised per- sider what a Federal statute will look the right to object, and I will not ob- haps about the relevancy of my amend- like and I have not given it much con- ject—— ment, and if it were and I was ruled not sideration because it is premature to Mr. HATCH. I thank the Senator. to be in order, I would have to appeal do so. But I do pledge that we will have Mr. BYRD. Mr. President, under my that in order to get a vote. fair consideration concerning a pro- reservation, it is my understanding This particular Senator has waited posed statute, if Congress and the that Mr. HOLLINGS has gotten unani- all year long. I have carried around in States ratify the amendment. mous consent to speak immediately my pocket the amendment itself. I Mr. President, we have made a major following the conclusion of Mr. know the distinguished Speaker of the concession. With the deletion of the HATCH’s remarks. House has his contract. The distin- States from the amendment, continued I ask unanimous consent that at the guished Senator from West Virginia opposition to the amendment means conclusion of the remarks by Mr. HOL- has the Constitution that he carries just one thing: It is simply not impor- LINGS, I may be recognized for not to around in his pocket. There he is. And tant enough to protect the American exceed 45 minutes to speak out of I have dutifully—in order to bring the flag by amendment, even with one uni- order. truth to the American public—carried form Federal standard throughout the The PRESIDING OFFICER. Is there around an amendment to the Constitu- Nation. I hope that some of my col- objection? Without objection, it is so tion for a balanced budget that did not leagues who have opposed this amend- ordered. repeal the formal statutory law signed ment in the past will seriously recon- Mr. BYRD. I have no objection to the by President Bush, section 13301 of the sider their opposition. I think this is a previous request. I have been asked by code of laws of the United States. compromise everyone can defend. Mr. KENNEDY to request that at the Under the Budget Act, it would not The notion that physical desecration conclusion of my remarks he, Mr. KEN- repeal that law but provide, of course, of the American flag is a fundamental NEDY, be recognized for not to exceed 10 for a balanced budget. Specifically, Mr. right is an invention of five Supreme minutes. President, if you looked at Section 7, Court Justices who made a mistake. If The PRESIDING OFFICER. Without under Senate Joint Resolution 1, that just one Justice had come out the objection, it is so ordered. we debated for a month, you can see other way, we would not even be on the Mr. BYRD. I thank all Senators. that all outlays and all revenues be in- floor of the Senate debating this issue Mr. HATCH. I ask that my unani- cluded of the U.S. Government. And today. mous-consent request be agreed to. that repeals, if you please, that section And something else would also be The PRESIDING OFFICER. Without of the code, which I ask unanimous true: The liberties of the American objection, it is so ordered. consent to be printed in the RECORD. people, including freedom of speech, So the amendment (No. 3094) was There being no objection, the mate- would be intact. Our liberties seemed agreed to. rial was ordered to be printed in the to survive the 1 Federal statute and 48 Mrs. FEINSTEIN addressed the RECORD, as follows: State statutes protecting the flag re- Chair. Subtitle C—Social Security markably well. But to listen to the Mr. HATCH. I urge the amendment SEC. 13301. OFF-BUDGET STATUS OF OASDI overwrought, overblown, and misplaced be agreed to. TRUST FUNDS. concerns of the critics of the amend- The PRESIDING OFFICER. The (a) EXCLUSION OF SOCIAL SECURITY FROM ment, one would think we were living amendment has been agreed to by ALL BUDGETS.—Notwithstanding any other in the Dark Ages prior to 1989, when unanimous consent. provision of law, the receipts and disburse- ments of the Federal Old-Age and Survivors the Supreme Court effectively struck Mr. HATCH. It has been agreed to. Insurance Trust Fund and the Federal Dis- them all down. What nonsense. Indeed, All right. Then I move to reconsider. ability Insurance Trust Fund shall not be the irony is, as I pointed out last Mr. BYRD. I move to lay that motion counted as new budget authority, outlays, Wednesday, during the time these flag on the table. receipts, or deficit or surplus for purposes protection statutes were put on the The motion to lay on the table was of— books, the parameters of freedom of agreed to. (1) the budget of the United States Govern- speech actually expanded in this coun- Mr. HATCH. Mr. President, I ask ment as submitted by the President, try. unanimous consent that immediately (2) the congressional budget, or (3) the Balanced Budget and Emergency We can protect the flag, preserve our following the remarks of Senator KEN- Deficit Control Act of 1985. liberties, and give voice to a funda- NEDY, who will follow Senator HOL- (b) EXCLUSION OF SOCIAL SECURITY FROM mental value Americans hold dear, pro- LINGS and Senator BYRD, Senator FEIN- CONGRESSIONAL BUDGET.—Section 301(a) of tection of the flag that represents STEIN be given an opportunity to speak. the Congressional Budget Act of 1974 is

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amended by adding at the end the following: HOLLINGS MOTION TO REPORT THE SOCIAL resolution provide that certain outlays or re- ‘‘The concurrent resolution shall not include SECURITY PRESERVATION ACT ceipts would not be included within the term the outlays and revenue totals of the old age, The Committee agreed to the Hollings mo- ‘‘total outlays and receipts’’ as used in the survivors, and disability insurance program tion to report the Social Security Preserva- proposed Balance Budget Amendment. Spe- established under title II of the Social Secu- tion Act by a vote of 20 yeas to 1 nay: cifically, you requested an analysis as to rity Act or the related provisions of the In- Yeas: whether the Federal Old-Age and Survivors ternal Revenue Code of 1986 in the surplus or Mr. Sasser, Mr. Hollings, Mr. Johnston, Insurance Trust Fund and the Federal Dis- deficit totals required by this subsection or Mr. Riegle, Mr. Exon, Mr. Lautenberg, Mr. ability Insurance Trust Fund could be ex- in any other surplus or deficit totals re- Simon, Mr. Sanford, Mr. Wirth, Mr. Fowler, empted from the calculation necessary to de- quired by this title.’’. Mr. Conrad, Mr. Dodd, Mr. Robb, Mr. Domen- termine compliance with the constitutional Mr. HOLLINGS. Now, Mr. President, ici, Mr. Boschwitz, Mr. Symms, Mr. Grass- amendment proposed in H.J. Res. 1, which ley, Mr. Kasten, Mr. Nickles, Mr. Bond. provides that total expenditures will not ex- I am reading, of course, from my pro- Nays: ceed total outlays.1 posed constitutional amendment—and Mr. Gramm. Section 1 of H.J. Res. 1, as placed on the it is important that this reading be Mr. HOLLINGS. I am trying to save Senate Calendar, provides that total outlays made formal here—that ‘‘outlays of the time for my colleagues. for any fiscal year will not exceed total re- Federal Old Age and Survivors Insur- ceipts for fiscal year, unless authorized by And I ask also unanimous consent three-fifths of the whole number of each ance Trust Fund and Federal Disability that the record vote that occurred on House of Congress. The resolution also states Insurance Trust Fund, as and if modi- October 18, 1990, a vote of 98 to 2, ap- that total receipts shall include all receipts fied to preserve the solvency of the proving that Social Security protec- of the United States Government except funds used to provide Old Age, Sur- tion be printed in the RECORD. those derived from borrowing, and that total vivors and Disability benefits, shall not There being no objection, the vote outlays shall include all outlays of the be counted as receipts or outlays for was ordered to be printed in the United States Government except for those used for repayment of debt principal. These the purpose of this article.’’ RECORD, as follows: There is no question, Mr. President, requirements can be waived during periods of HOLLINGS-HEINZ, ET AL., AMENDMENT WHICH war or serious threats to national security. that the intent of the Congress is in EXCLUDES THE SOCIAL SECURITY TRUST Under the proposed language, it would ap- that particular regard. Very recently, FUNDS FROM THE BUDGET DEFICIT CALCULA- pear that the receipts received by the United on November 13, I believe it was, we TION, BEGINNING IN FISCAL YEAR 1991 States which go to the Federal Old-Age and voted just exactly that particular in- YEAS (98) Survivors Insurance Trust Fund and the Fed- struction. On November 13, by a vote of Democrats (55 or 100%): eral Disability Insurance Trust Fund would 97 to 2, we voted to instruct the con- Adams, Akaka, Baucus, Bentsen, Biden, be included in the calculations of total re- Bingaman, Boren, Bradley, Breaux, Bryan, ceipts, and that payments from those funds ferees on the budget that Social Secu- Bumpers, Burdick, Byrd, Conrad, Cranston, would similarly be considered in the calcula- rity trust funds not be used. Daschle, DeConcini, Dixon, Dodd, Exon, tion of total outlays. This is confirmed by So the Senators themselves have af- Ford, Fowler, Glenn, Gore, Graham, Harkin, the House Report issued with H.J. Res. 1.2 firmed that less than a month ago. Heflin, Hollings, Inouye, Johnston, Kennedy, Thus, if the proposed amendment was rati- I ask unanimous consent that rollcall Kerrey, Kerry, Kohl, Lautenberg, Leahy, fied, then Congress would appear to be with- vote be printed in the RECORD. Levin, Lieberman, Metzenbaum, Mikulski, out the authority to exclude the Social Secu- There being no objection, the vote Mitchell, Moynihan, Nunn, Pell, Pryor, Reid, rity Trust Funds from the calculations of was ordered to be printed in the Riegle, Robb, Rockefeller, Sanford, Sar- total receipts and outlays under section 1 of the amendment.3 RECORD, as follows: banes, Sasser, Shelby, Simon, Wirth. Republicans (43 or 96%): KENNETH R. THOMAS, VOTE OF NOVEMBER 13, 1995 Bond, Boschwitz, Burns, Chafee, Coats, Legislative Attorney, [Rollcall Vote No. 572 Leg.] Cochran, Cohen, D’Amato, Danforth, Dole, American Law Division. YEAS—97 Domenici, Durenberger, Garn, Gorton, FOOTNOTES Gramm, Grassley, Hatch, Hatfield, Heinz, Abraham Feingold Mack 1 Helms, Humphrey, Jeffords, Kassebaum, Kas- H.J. Res. 1, 104th Congress, 1st Sess. (January 27, Akaka Feinstein McCain 1995) provides the following proposed constitutional Ashcroft Ford McConnell ten, Lott, Lugar, Mack, McCain, McClure, amendment— Baucus Frist Mikulski McConnell, Murkowski, Nickles, Packwood, Section 1. Total outlays for any fiscal year shall Bennett Glenn Moseley-Braun Pressler, Roth, Rudman, Simpson, Specter, not exceed total receipts for that fiscal year, unless Biden Gorton Moynihan Stevens, Symms, Thurmond, Warner, Wilson. three-fifths of the whole number of each House of Bingaman Graham Congress shall provide by law for a specific excess of Murkowski NAYS (2) Bond Grams Murray outlays over receipts by a rollcall vote. Boxer Grassley Democrats (0 or 0%) Nickles Section 2. The limit on the debt of the United Bradley Gregg Republicans (2 or 4%) Nunn States held by the public shall not be increased, un- Breaux Harkin Armstrong, Wallop. Pell less three-fifths of the whole number of each House Brown Hatch shall provide by law for such an increase by a roll- Pressler Mr. HOLLINGS. The reason I do that Bryan Hatfield call vote. Pryor Bumpers Heflin is so that you shall know how Members Section 3. Prior to each fiscal year, the President Reid Burns Helms vote—not just how they speak but how shall transmit to the Congress a proposed budget for Byrd Hollings Robb they cast their formal votes. the United States Government for that fiscal year in Campbell Hutchison Rockefeller There has been raised, at the par- which total outlays do not exceed total receipts. Chafee Inhofe Roth Section 4. No bill to increase revenue shall become Coats Inouye Santorum ticular time back in February, the law unless approved by a majority of the whole num- Cochran Jeffords Sarbanes idea, of course, that the trust funds ber of each House by a rollcall vote. Cohen Johnston Shelby need not be protected further, that we Section 5. The Congress may waive the provisions Conrad Kassebaum Simon of this article for any fiscal year in which a declara- Coverdell Kempthorne could always do it by statute. Simpson I ask unanimous consent at this par- tion of war is in effect. The provisions of this article Craig Kennedy Smith may be waived for any fiscal year in which the D’Amato Kerrey Snowe ticular point that the letter from the United States is engaged in military conflict which Daschle Kerry Specter American Law Division of the Congres- causes an imminent and serious military threat to DeWine Kohl Stevens national security and is so declared by a joint reso- Dodd Kyl sional Research Service dated Feb- Thomas lution, adopted by a majority of the whole number Dole Lautenberg ruary 6, 1995, be printed in the RECORD. Thompson of each House, which becomes law. Domenici Leahy There being no objection, the letter Thurmond Section 6. The Congress shall enforce and imple- Dorgan Levin ment this article by appropriate legislation, which Warner was ordered to be printed in the Exon Lieberman may rely on estimates of outlays and receipts. Wellstone RECORD, as follows: Faircloth Lott Section 7. Total receipts shall include all receipts CONGRESSIONAL RESEARCH SERVICE, NOT VOTING—2 of the United States Government except those de- THE LIBRARY OF CONGRESS, rived from borrowing. Total outlays shall include all Gramm Lugar Washington, DC, February 6, 1995. outlays of the United States Government except for those for repayment of debt principal. Mr. HOLLINGS. I ask also unani- To: Senator Dianne Feinstein Attention: Mark Kadesh Section 8. This article shall take effect beginning mous consent that the record of the with fiscal year 2002 or with the second fiscal year From: American Law Division Budget Committee vote on July 10, beginning after its ratification, whichever is later. Subject: Whether the Social Security Trust 2 House Rept. 104–3, 104th Congress, 1st Session 1990, on the protection of Social Secu- Funds Can Be Excluded From the Calcula- states the following: rity be printed in the RECORD. tions Required by the Proposed Balanced ‘‘The committee concluded that exempting Social There being no objection, the vote Budget Amendment Security from computations of receipts and outlays was ordered to be printed in the This is to respond to your request to evalu- RECORD, as follows: ate whether Congress could by statute or Footnotes at end of letter.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18328 CONGRESSIONAL RECORD — SENATE December 11, 1995 would not be helpful to Social Security bene- To us, the fundamental question is, wheth- $1,602,000,000,000. You can see how it ficiaries. Although Social Security accounts are er the Federal Government will be able to running a surplus at this time, the situation is ex- has grown like Topsy. I remember the raid the Social Security trust funds. Our pro- last balanced budget. To bring it into pected to change in the future with a Social Secu- posal modifies those put forth by Senators rity related deficit developing. If we exclude Social Reid and Feinstein to address objections the perspective of the distinguished Security from balanced budget computations, Con- Chair, when Johnson balanced the gress will not have to make adjustments elsewhere raised by some Members of the Majority. in the budget to compensate for this projected def- Specifically, our proposal closes a perceived budget back in 1968–69, the entire out- icit. . . .’’ Id. at 11. loophole in the Reid and Feinstein language lay in 1968–69 at that particular time It should also be noted that an amendment by regarding future uses of the Social Security was $178,100,000,000. Can you imagine, Representative Frank to exempt the Federal Old- trust funds for purposes other than those for Age and Survivors Insurance Trust Fund and the $178,100,000,000 for guns and butter, for which the system was designed. the war in Vietnam and for the Great Federal Disability Insurance Trust Fund from total If the Majority Party can support this so- receipts and total outlays was defeated in com- lution, then we are confident that the Senate Society. And paid for with what? With mittee by a 16–19 rollcall vote. Id. at 14. A similar a surplus at that particular time of amendment by Representative Conyers was defeated can pass the balanced budget amendment in the House, 141 Cong. Rec. H741 (daily ed. January with more than 70 votes. If not, then we see $300 million. That is—no. That $300 23, 1995), as was an amendment by Representative no reason to delay further the vote on final million was used from the trust fund. I Wise. Id. at H731. passage of the amendent. am looking at the statute in error 3 Although the Congress is given the authority to Sincerely, implement this article by appropriate legislation, here. Let me look at it accurately. So BYRON L. DORGAN. there is no indication that the Congress would have $300 million was used from the trust the authority to pass legislation which conflicts ERNEST F. HOLLINGS. funds. That still left a balance of $2.9 WENDELL H. FORD. with the provisions of the amendment. trillion. If trust funds were not used Mr. HOLLINGS. There are two sen- HARRY M. REID. DIANNE FEINSTEIN. really to balance that budget, we had a tences I will read again, trying to save Mr. HOLLINGS. So, Mr. President, it surplus of $3.2 billion. time. ‘‘If the proposed amendment was Here was an entire budget for the So- is quite obvious if the true intent is to ratified’’—that is, Senate Joint Resolu- cial Security, Medicare, guns and but- really pass an amendment to the Con- tion 1—‘‘then Congress would appear to ter, war in Vietnam, defense, and all, stitution requiring a balanced budget, be without authority to exclude the welfare and all the other programs. We it can be done here in the next 24 Social Security trust funds from the are expending, instead of the $178 bil- hours. There is no problem. It is a won- calculations of total receipts and out- lion, we are expending $348 billion this derful opportunity, because we have lays under section 1 of the amend- year just on interest costs for nothing. the amendment drawn in the proper ment.’’ There is the real problem. And that fashion with two particular changes to Then down at the bottom a footnote: problem is obscured in large measure Senate Joint Resolution 1. The one ‘‘Although the Congress is given the by the use of Social Security trust change, of course, was the Nunn authority to implement this article by funds, exactly the opposite as con- amendment about the judicial power appropriate legislation, there is no in- tended by my colleagues in that par- not to put balanced budget questions dication that Congress would have the ticular House report. authority to pass legislation which before the judiciary but to retain them For example, Mr. President, look at conflicts with the provision of this within the congressional branches; and, the Judiciary Committee report of a amendment.’’ second, of course, to reiterate the stat- balanced budget constitutional amend- So that is why it is very, very impor- utory law protecting the Federal old ment as submitted at that particular tant to several on this side of the age and survivors insurance trust fund time over on the House side in Janu- aisle—because we were in a very, very and federal disability insurance trust ary—on January 18 of this particular heated exchange relative, of course, to fund. year. And here is the sentence that will Why do I read those words out so spe- the particular balanced budget amend- blow your mind. ‘‘If we exclude Social cifically? With an intent, Mr. Presi- ment to the Constitution. And thereby Security from balanced budget com- on March 1, five of us on the Demo- dent. Again, referring to the balanced putations, Congress will not have to cratic side of the aisle sent a letter to budget constitutional amendment re- make adjustments elsewhere in the the majority leader, ROBERT DOLE, the port by the Committee on the Judici- budget to compensate for the projected principal author of Senate Joint Reso- ary over on the House side, you will deficit.’’ lution 1, stating that we were ready, find in that report this sentence: If you have got that kind of logic and willing, and prepared to vote to pass Since Congress possesses the legislative thought, we need custodial care for the the constitutional amendment to bal- authority to change the Social Security pro- gram, specifically referring to ‘‘Social Secu- Members around here. ‘‘If we exclude ance the budget where that Social Se- Social Security from the balanced curity protection not be repealed. rity’’ in the Constitution could create a budget computations, Congress will not I ask unanimous consent that a copy giant loophole allowing Congress to call any- have to make adjustments elsewhere in of the letter dated March 1 be printed thing Social Security and thus evade bal- anced budget requirements. the budget.’’ Come on. If we exclude in the RECORD at this particular point. There being no objection, the letter This particular amendment presented Social Security, that is where we will was ordered to be printed in the for the vote of my colleagues here does have to make adjustments elsewhere in RECORD, as follows: not use ‘‘Social Security’’ expressed. the budget to compensate. And that is On the contrary, it is the technical exactly the point that we have been MARCH 1, 1995. Hon. ROBERT J. DOLE, formative law of the United States of trying to make time and time again Majority Leader, U.S. Senate, Washington, DC. America that passed in 1935 and up that we seem to try to hide behind. The DEAR MR. LEADER, we have received from until 1969 was a trust fund and off truth of the matter is, we are hiding Senator Domenici’s office a proposal to ad- budget. this minute behind $481 billion owed dress our concerns about using the Social Se- That was our point that we were Social Security. curity trust funds to balance the Federal making in 1990. We were obscuring the If the particular budget now in con- budget. We have reviewed this proposal, and size of the deficit. In fact, Mr. Presi- ference and now in negotiation between after consultations with legal counsel, be- the White House and the Congress is lieve that this statutory approach does not dent, it would be well at this particular adequately protect Social Security. Specifi- point, I believe, to include, if you enacted in the next 10 minutes, by the cally, Constitutional experts from the Con- please, a table of the various deficits. year 2002, we will owe Social Security gressional Research Service advise us that I have before me a table of the defi- $1,117,000,000,000. In other words, in the the Constitutional language of the amend- cits for the years beginning in 1945 year 2002, they could well turn and say, ment will supersede any statutory con- going all the way down, the U.S. budg- ‘‘Whoopee, we have now preserved and straint. et in outlays and trust funds, the real protected Medicare.’’ And then when We want you to know that all of us have deficit, the gross Federal debt and the we look around at Social Security, we voted for, and are prepared to vote again for a balanced budget amendment. In that spirit, gross interest cost under the various say, ‘‘Heavens above, we have run it we have attached a version of the balanced Presidents. into the hole with over budget amendment that we believe can re- From 1945 until 1996, we have gone $1,117,000,000,000.’’ solve the impasse over the Social Security from outlays of $92,700,000,000 to now Who is going to raise taxes $1 tril- issue. outlays for this fiscal year 1996 of lion? Who is going to cut benefits $1

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18329 trillion? That is why I have been trying vide by law for a specific excess of outlays tory well. It so happened in the 1968 to get attention of my colleagues that over receipts by a rollcall vote. race of President Nixon that he had we have truth in budgeting. And that is ‘‘SECTION 2. The limit on the debt of the thereafter a Secretary of Commerce, United States held by the public shall not be why we have the amendment drawn at increased, unless three-fifths of the whole Maurice Stans, who went around and this particular time where people on number of each House shall provide by law allocated almost like the United Fund: both sides of the aisle—I voted for a for such an increase by a rollcall vote. Your fair share. constitutional amendment, cospon- ‘‘SECTION 3. Prior to each fiscal year, the He came to South Carolina to the sored it with my senior colleague back President shall transmit to the Congress a textile industry and said, ‘‘Your fair in the 1980’s, voted for it several times. proposed budget for the United States gov- share for the Nixon campaign is But when I realized the import of sec- ernment for that fiscal year, in which total $350,000,’’ and so textile entities gath- tion 7 under the Dole Senate Joint Res- outlays do not exceed total receipts. ered up $35,000 apiece and sent it to ‘‘SECTION 4. No bill to increase revenue olution 1 that it was going to repeal shall become law unless approved by a ma- Washington to qualify. Other individ- the statutory law that I helped cospon- jority of the whole number of each House by uals gave a half million dollars. A gen- sor, along with Senator MOYNIHAN and a rollcall vote. tleman from Chicago gave $2 million. Senator Heinz, I could not go in two ‘‘SECTION 5. The Congress may waive the It was thereafter that Secretary of different directions at the same time. provisions of this article for any fiscal year Treasury Connally came to President As a person somewhat experienced in in which a declaration of war is in effect. Nixon and said, budgets, I was able, as Governor back The provisions of this article may be waived for any fiscal year in which the United Mr. President, there have been substantial in 1959, to get the first AAA credit rat- States is engaged in military conflict which contributions made in your behalf and you ing for our State. I participated in the causes an imminent and serious military have not had a chance to even meet some of balanced budget work of 1968–69. I threat to national security and is so declared them, much less thank them personally. I chaired on behalf of the Congress, both by a joint resolution, adopted by a majority would like to give a barbecue on the ranch Houses, the first reconciliation budget of the whole number of each House, which down in Texas where you can meet and thank them. conference, the first reconciliation bill becomes law. signed into law where we cut back al- ‘‘SECTION 6. The Congress shall enforce and President Nixon thought that was a ready appropriated funds in December implement this article by appropriate legis- wonderful idea, and on that particular lation, which may rely on estimates of out- 1980 under President Carter. And I put weekend, as they turned into the lays and receipts. The judicial power of the Connally ranch, there was a Brinks in the budget freeze. I have cospon- United States shall not extend to any case or sored, with Senators Gramm and Rud- controversy arising under this article except truck with that prankster Dick Tuck man, the Gramm–Rudman-Hollings ini- as may be specifically authorized by legisla- from the Kennedy campaign. They had tiative. And I have been very alert, as tion adopted pursuant to this section. that all embellished in the news and possibly as I can be, to make certain ‘‘SECTION 7. Total receipts shall include all newspapers and otherwise, and every- that we have truth in budgeting. receipts of the United States government ex- body in Washington said, ‘‘Heavens cept those derived from borrowing. Total above, the Government is up for sale. And so it is that we have now pro- outlays shall include all outlays of the posed this particular amendment. I We have to do something about it.’’ United States government except those for So in good spirit, both Republicans could go on at length as to the debate repayment of debt principal. The receipts itself before I present the amendment. (including attributable interest) and outlays and Democrats joined hands into the I have this one particular phrase of of the Federal Old-Age and Survivors Insur- Federal Elections Campaign Practices our majority whip, the distinguished ance Trust Fund and Federal Disability In- Act of 1974. At that particular time, we Senator from Mississippi. In February, surance Trust Fund (as and if modified to said, ‘‘Look, every dollar in and every on national TV, Senator TRENT LOTT preserve the solvency of the funds) used to dollar out is recorded. You cannot give stated, and I quote: provide old age, survivors, and disabilities more than $1,000. You cannot, as a benefits shall not be counted as receipts or Nobody—Republican, Democrat, conserv- PAC, give more than $5,000. You cannot outlays for the purpose of this article. take cash.’’ And, for voters in a par- ative, liberal, moderate—is even thinking ‘‘SECTION 8. This article shall take effect about using Social Security to balance the beginning with fiscal year 2002 or with the ticular State like Tennessee and South budget. second fiscal year beginning after its ratifi- Carolina, we were limited per reg- Let us hope that is the truth. I think cation, whichever is later.’’ istered voters. In South Carolina, I re- a vote on this particular constitutional Mr. HOLLINGS. Mr. President, once member we were limited to around amendment to balance the budget again, by way of emphasis, it is word $600,000. The last race I ran for reelec- would give truth to that particular for word Senator DOLE’s House Joint tion, in 1992, was $3.5 million. It goes statement. We will see exactly how Resolution 1, with the exception of the up, up, and away. they vote. Nunn amendment which is included Right now, every Senator every week AMENDMENT NO. 3095 therein with respect to the limitation has to collect at least $13,000. If you (Purpose: To propose a balanced budget on judicial power on balanced budgets have not collected your $13,000 for your amendment to the Constitution) and, second, the Dole section 7, the lan- campaign 6 years out, you are behind Mr. HOLLINGS. Mr. President, I guage that would encompass a repeal of the curve. You are behind the curve. have another amendment. Let me send section 13301 of the Budget Act. Spe- That statement ought to embarrass all this one up under the unanimous-con- cifically, I repeal the repeal. I have in America. sent agreement and ask the clerk to re- provided and continue the protection of We have had for 20 years, like a dog port. I think I have explained it. 13301. chasing its tail around this place, The PRESIDING OFFICER. The AMENDMENT NO. 3096 every kind of fanciful idea about how clerk will report the amendment. (Purpose: To propose a balanced budget to give public moneys, most of it com- The bill clerk read as follows: amendment to the Constitution) ing from Common Cause who will not The Senator from South Carolina [Mr. Mr. HOLLINGS. Mr. President, there listen. They have a PAC. Most PAC’s HOLLINGS] proposes an amendment numbered is another wonderful subject we have give money. Common Cause gives you a 3095. debated ad nauseam, except with re- fit. They have no idea of giving up Mr. HOLLINGS. Mr. President, I ask spect abortion. This is one you can their particular power, and so they will unanimous consent that the reading of really do something about if you really not go along with limiting the actual the amendment be dispensed with. want to limit spending in campaigns as expenditures. Oh, we had the oppor- The PRESIDING OFFICER. Without one cancer to public service. Ask the 12 tunity back in 1988. A majority of Sen- objection, it is so ordered. Senators now retiring. They would ators voted for that one-line constitu- The amendment is as follows: agree in a sentence, Mr. President, that tional amendment: ‘‘Congress is hereby After the first article add the following: the one cancer to public service is empowered to regulate or control ex- ‘‘ARTICLE — money, and if you want to control the penditures in Federal elections.’’ ‘‘SECTION 1. Total outlays for any fiscal money, then let us get back to the 1974 With that one line, we can get back year shall not exceed total receipts for that act as intended. to the original intent of 1974 and actu- fiscal year, unless three-fifths of the whole There never was any dispute at that ally limit spending. That was passed by number of each House of Congress shall pro- particular time. I remember the his- an overwhelming bipartisan vote, and

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18330 CONGRESSIONAL RECORD — SENATE December 11, 1995 everyone realizes the then distin- the Senate in a bipartisan fashion ex- Probably 80 percent of campaign guished Senator from New York, Sen- pressed its support for a limit on cam- communications take place through ator Jim Buckley, thought otherwise. paign expenditures. In May 1993, a non- the medium of television. And most of He sued the Senate and Secretary binding sense-of-the-Senate resolution that TV airtime comes at a dear price. Valeo. was agreed to which advocated the In South Carolina, you’re talking be- Under the Buckley versus Valeo deci- adoption of a constitutional amend- tween $1,000 and $2,000 for 30 seconds of sion, anyone of good mind and spirit ment empowering Congress and the primetime advertising. In New York would say this is the most flawed deci- States to limit campaign expenditures. City, it’s anywhere from $30,000 to sion ever raised. Why do I say that? During the 104th Congress, let’s take $40,000 for the same 30 seconds. The Buckley versus Valeo decision of the next step and adopt such a con- The hard fact of life for a candidate the U.S. Supreme Court equated money stitutional amendment—a simple, is that if you’re not on TV, you’re not with speech. straightforward, nonpartisan solution. truly in the race. Wealthy challengers If you thought you had the freedom As Prof. Gerald G. Ashdown has writ- as well as incumbents flushed with of speech, you would certainly have the ten in the New England Law Review, money go directly to the TV studio. freedom of money. And you are exactly amending the Constitution to allow Those without personal wealth are right, if you are rich, you have that Congress to regulate campaign expend- sidetracked to the time-consuming freedom. But if you are poor, you do itures is ‘‘the most theoretically at- pursuit of cash. not have it, because they immediately tractive of the approaches-to-reform The Buckley decision created a dou- went on with the limitations. since, from a broad free speech perspec- ble bind. It upheld restrictions on cam- More particularly, Mr. President, you tive, the decision in Buckley is mis- paign contributions, but struck down can take away your opponent’s speech guided and has worsened the campaign restrictions on how much candidates if you are affluent and the opponent is finance atmosphere.’’ Adds Professor with deep pockets can spend. The Court not. Specifically, if your opponent has Ashdown: ‘‘If Congress could constitu- ignored the practical reality that if my $50,000 and you have $1 million, you tionally limit the campaign expendi- opponent has only $50,000 to spend in a wait until October 10 when people fi- tures of individuals, candidates, and race and I have $1 million, then I can nally get their minds and attention on committees, along with contributions, effectively deprive him of his speech. campaigns, getting ready for the elec- most of the troubles * * * would be By failing to respond to my adver- tion, then you fill up the airwaves, eliminated.’’ tising, my cash-poor opponent will ap- both radio and TV, the billboards, the Right to the point, in its landmark pear unwilling to speak up in his own yard signs, the newspaper advertising. 1976 ruling in Buckley versus Valeo, defense. And by November 1, a week ahead of the Supreme Court mistakenly equated Justice Thurgood Marshall zeroed in the election, your family will ask, a candidate’s right to spend unlimited on this disparity in his dissent to ‘‘What is the matter, aren’t you inter- sums of money with his right to free Buckley. By striking down the limit on ested? You are not even answering.’’ speech. In the face of spirited dissents, what a candidate can spend, Justice You do not have the money to an- the Court drew a bizarre distinction be- Marshall said, ‘‘It would appear to fol- swer. You can take away the speech. It tween campaign contributions on the low that the candidate with a substan- is the worst decision that you can pos- grounds that ‘‘* * * the governmental tial personal fortune at his disposal is sibly think of, particularly in light of interest in preventing corruption and off to a significant head start.’’ the Constitution itself. the appearance of corruption outweighs Indeed, Justice Marshall went fur- If you read article I, section 4 of the considerations of free speech.’’ ther: He argued that by upholding the Constitution—and I will read just ex- I have never been able to fathom why limitations on contributions but strik- actly this: that same test—the governmental in- ing down limits on overall spending, The Times, Places and Manner of holding terest in preventing corruption and the the Court put an additional premium Elections for Senators and Representatives, appearance of corruption—does not on a candidate’s personal wealth. shall be prescribed in each State by the Leg- overwhelmingly justify limits on cam- Justice Marshall was dead right. Our islature thereof; but the Congress may at paign spending. However, it seems to urgent task is to right the injustice of any time by Law make or alter such Regula- me that the Court committed a far Buckley versus Valeo by empowering tions, except as to the Places of choosing graver error by striking down spending Congress to place caps on Federal cam- Senators. limits as a threat to free speech. The paign spending. We are all painfully So, if we have the power at any time fact is, spending limits in Federal cam- aware of the uncontrolled escalation of by law to alter the manner, it appears paigns would act to restore the free campaign spending. The average cost of to this particular Senator we certainly speech that has been eroded by the a winning Senate race was $1.2 million can take the most grievous practice we Buckley decision. in 1980, rising to $2.1 million in 1984, have in this land of money in politics After all, as a practical reality, what and skyrocketing to $3.1 million in and put a control on it. We control the Buckley says is: Yes, if you have per- 1986, $3.7 million in 1988, and up to $4.1 time, the place, the components of a sonal wealth, then you have access to million this past year. To raise that candidacy and otherwise, and you can television, you have freedom of speech. kind of money, the average Senator go on down the list. But if you do not have personal wealth, must raise over $13,200 a week, every Mr. President, I rise today to address then you are denied access to tele- week of his or her 6-year term. Overall a problem with which we are all too fa- vision. Instead of freedom of speech, spending in congressional races in- miliar—the ever increasing cost of you have only the freedom to shut up. creased from $403 million in 1990 to campaign spending. The need for limits So let us be done with this phony more than $590 million in 1994—almost on campaign expenditures is more ur- charge that spending limits are some- a 50-percent increase in 4 short years. gent than ever, with the total cost of how an attack on freedom of speech. As This obsession with money distracts congressional campaigns skyrocketing Justice Byron White points out, clear us from the people’s business. At worst, from $446 million in 1990 to well over as a bell, in his dissent, both contribu- it corrupts and degrades the entire po- $590 million in 1994. For nearly a quar- tion limits and spending limits are litical process. Fundraisers used to be ter of a century, Congress has tried to neutral as to the content of speech and arranged so they didn’t conflict with tackle runaway campaign spending; are not motivated by fear of the con- the Senate schedule; nowadays, the again and again, Congress has failed. sequences of the political speech in Senate schedule is regularly shifted to Let us resolve not to repeat the mis- general. accommodate fundraisers. takes of past campaign finance reform Mr. President, every Senator realizes I have run for statewide office 16 efforts, which have bogged down in par- that television advertising is the name times in South Carolina. You establish tisanship as Democrats and Repub- of the game in modern American poli- a certain campaign routine, say, shak- licans each tried to gore the other’s sa- tics. In warfare, if you control the air, ing hands at a mill shift in Greer, vis- cred cows. During the 103d Congress you control the battlefield. In politics, iting a big country store outside of there was a sign that we could move if you control the airwaves, you con- Belton, and so on. Over the years, they beyond this partisan bickering, when trol the tenor and focus of a campaign. look for you and expect you to come

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18331 around. But in recent years, those mill ciency with regard to campaign spend- stitutional route. Certainly, it is not visits and dropping by the country ing. Professor Sabato puts it this way: coincidence that all five of the most re- store have become a casualty of the ‘‘While challengers tend to be under- cent amendments to the Constitution system. There is very little time for funded, they can compete effectively if have dealt with Federal election issues. them. We’re out chasing dollars. they are capable and have sufficient In elections, the process drives and During my 1986 reelection campaign, money to present themselves and their shapes the end result. Election laws I found myself raising money to get on messages.’’ can skew election results, whether TV to raise money to get on TV to Moreover, Mr. President, I submit you’re talking about a poll tax depriv- raise money to get on TV. It’s a vicious that once we have overall spending ing minorities of their right to vote, or cycle. limits, it will matter little whether a the absence of campaign spending lim- After the election, I held a series of candidate gets money from industry its giving an unfair advantage to town meetings across the State. groups, or from PAC’s, or from individ- wealthy candidates. These are profound Friends asked, ‘‘Why are you doing uals. It is still a reasonable—‘‘suffi- issues which go to the heart of our de- these town meetings: You just got cient,’’ to use Professor Sabato’s mocracy, and it is entirely appropriate elected. You’ve got 6 years.’’ To which term—amount any way you cut it. that they be addressed through a con- I answered, ‘‘I’m doing it because it’s Spending will be under control, and we stitutional amendment. my first chance to really get out and will be able to account for every dollar And let’s not be distracted by the ar- meet with the people who elected me. I going out. gument that the amend-the-Constitu- didn’t get much of a chance during the On the issue of PAC’s, Mr. President, tion approach will take too long. Take campaign. I was too busy chasing let me say that I have never believed too long? We have been dithering on bucks.’’ I had a similar experience in that PAC’s per se are an evil in the this campaign finance issue since the 1992. current system. On the contrary, PAC’s early 1970’s, and we haven’t advanced I remember Senator Richard Russell are a very healthy instrumentality of the ball a single yard. It has been a saying: ‘‘They give you a 6-year term politics. PAC’s have brought people quarter of a century, and no legislative in this U.S. Senate: 2 years to be a into the political process: nurses, edu- solution has done the job. statesman, the next 2 years to be a pol- cators, small business people, senior The last five constitutional amend- itician, and the last 2 years to be a citizens, unionists, you name it. They ments took an average of 17 months to demagog.’’ Regrettably, we are no permit people of modest means and be adopted. There is no reason why we longer afforded even 2 years as states- limited individual influence to band to- cannot pass this joint resolution, sub- men. We proceed straight to politics gether with others of mutual interest mit it to the States for a vote, and rat- and demagoguery right after the elec- so their message is heard and known. ify the amendment in time for it to tion because of the imperatives of rais- For years we have encouraged these govern the 1996 election. Indeed, the ing money. people to get involved, to participate. amend-the-Constitution approach My proposed constitutional amend- Yet now that they are participating, could prove more expeditious than the ment would change all this. It would we turn around and say, ‘‘Oh, no, your alternative legislative approach. Bear empower Congress to impose reason- influence is corrupting, your money is in mind that the various public financ- able spending limits on Federal cam- tainted.’’ This is wrong. The evil to be ing bills that have been proposed would paigns. For instance, we could impose a corrected is not the abundance of par- all be vulnerable to a Presidential limit of, say, $800,000 per Senate can- ticipation but the superabundance of veto. In contrast, this joint resolution, didate in a small State like South money. The culprit is runaway cam- once passed by the Congress, goes di- Carolina—a far cry from the millions paign spending. rectly to the States for ratification. spent by my opponent and me in 1992. To a distressing degree, elections are Once ratified, it becomes the law of the And bear in mind that direct expendi- determined not in the political mar- land, and it is not subject to veto or tures account for only a portion of ketplace but in the financial market- Supreme Court challenge. total spending. For instance, my 1992 place. Our elections are supposed to be And, by the way, I reject the argu- opponent’s direct expenditures were contests of ideas, but too often they de- ment that if we were to pass and ratify supplemented by hundreds of thou- generate into megadollar derbies, this amendment, Democrats and Re- sands of dollars in expenditures by paper chases through the board rooms publicans would be unable to hammer independent organizations and by the of corporations and special interests. out a mutually acceptable formula of State and local Republican Party. Mr. President, I repeat, campaign campaign expenditure limits. A Demo- When you total up spending from all spending must be brought under con- cratic Congress and Republican Presi- sources, my challenger and I spent trol. The constitutional amendment I dent did exactly that in 1974, and we roughly the same amount in 1992. have proposed would permit Congress can certainly do it again. And incidentally, Mr. President, let’s to impose fair, responsible, workable Mr. President, this joint resolution be done with the canard that spending limits on Federal campaign expendi- will address the campaign finance mess limits would be a boon to incumbents, tures. directly, decisively, and with finality. who supposedly already have name rec- Such a reform would have four im- The Supreme Court has chosen to ig- ognition and standing with the public portant impacts. First, it would end nore the overwhelming importance of and therefore begin with a built-in ad- the mindless pursuits of ever-fatter media advertising in today’s cam- vantage over challengers. Nonsense. I campaign war chests. Second, it would paigns. In the Buckley decision, it pre- hardly need to remind my Senate col- free candidates from their current ob- scribed a bogus if-you-have-the-money- leagues of the high rate of mortality in session with fundraising and allow you-can-talk version of free speech. In upper Chamber elections. And as to the them to focus more on issues and ideas; its place, I urge passage of this joint alleged invulnerability of incumbents once elected to office, we wouldn’t resolution, the freedom of speech in po- in the House, I would simply note that have to spend 20 percent of our time litical campaigns amendment. Let us more than 50 percent of the House raising money to keep our seats. Third, ensure equal freedom of expression for membership has been replaced since it would curb the influence of special all who seek Federal office. Mr. President, we have the Com- the 1990 elections. interests. And fourth, it would create a I can tell you from experience that more level playing field for our Federal mittee on the Constitutional System. I any advantages of incumbency are campaigns—a competitive environment will read the first sentence by the dis- more than counterbalanced by the ob- where personal wealth does not give tinguished chairman at the time, Lloyd vious disadvantages of incumbency, candidates an insurmountable advan- N. Cutler: specifically the disadvantage of defend- tage. Along with Senator Nancy Kassebaum of Finally, Mr. President, a word about Kansas and Mr. Douglas Dillon, I am a co- ing hundreds of controversial votes in chairman of the Committee on the Constitu- Congress. the advantages of the amend-the-Con- tional System, a group of several hundred I also agree with University of Vir- stitution approach that I propose. Re- present and former legislators, executive ginia political scientist Larry Sabato, cent history amply demonstrates the branch officials, political party officials, pro- who has suggested a doctrine of suffi- practicality and viability of this con- fessors, and civic leaders, who are interested

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18332 CONGRESSIONAL RECORD — SENATE December 11, 1995 in analyzing and correcting some of the explosive growth of campaign financing is to the freedom of speech—that the Su- weaknesses that have developed in our polit- adopt a constitutional amendment. The preme Court erroneously amended the ical system. amendment would be a very simple one con- Constitution, or deteriorated the value I will skip over some just to read the sisting of only 46 words. It would state mere- ly that ‘‘Congress shall have power to set and worth of the freedom of speech conclusion on the third page. under the Constitution and the Bill of I ask unanimous consent that the en- reasonable limits on campaign expenditures by or in support of any candidate in a pri- Rights. tire testimony of Lloyd Cutler be mary or general election for federal office. So what we are trying to do is not printed in the RECORD at this point. The States shall have the same power with There being no objection, the mate- respect to campaign expenditures in elec- treat lightly, by any manner or means, rial was ordered to be printed in the tions for state and local offices’’. the Constitution or amendments. Oth- RECORD, as follows: Our proposed amendment would enable ers will get up and say we have had Congress to set limits not only on direct ex- STATEMENT OF LLOYD N. CUTLER 3,564 amendments offered and here penditures by candidates and their own com- comes another. Not at all. We have My name is Lloyd N. Cutler. Along with mittees, but also on expenditures by so- Senator Nancy Kassebaum of Kansas and Mr. called independent committees in support of tried in Congress after Congress after Douglas Dillon, I am a Co-Chairman of the such a candidate. The details of the actual Congress, for over 20-some years now, Committee on the Constitutional System, a limits would be contained in future legisla- to correct this particular flawed deci- group of several hundred present and former tion and could be changed from time to time sion of Buckley versus Valeo, and get legislators, executive branch officials, polit- as Congress in its judgment sees fit. back to controlling spending in poli- ical party officials, professors and civic lead- It may of course be argued that the pro- ers who are interested in analyzing and cor- posed amendment, by authorizing reasonable tics. The one way to do it is take the recting some of the weaknesses that have de- limits on expenditures, would necessarily set amendment that I have, which I will veloped in our political system. limits on the quantity of speech on behalf of send to the desk. This amendment On of the most glaring weaknesses, of a candidate and that any limits, no matter would provide the authority for both course, is the rapidly escalating cost of polit- how ample, is undesirable. But in our view the United States and the several ical campaigns, and the growing dependence the evidence is overwhelming by now that of incumbents and candidates on money from States within their particular jurisdic- unlimited campaign expenditures will even- tion, because it was asked to be amend- interest groups who except the receipent to tually grow to the point where they consume vote in favor of their particular interests. In- so much of our political energies and so frac- ed accordingly at the time we debated cumbents and candidates must devote large ture our political consensus that they will it last, on how the States also ought to portions of their time to begging for money; make the political process incapable of gov- have this particular authority. they are often tempted to vote the con- erning effectively. Even the Congress has flicting interests of their contributors and to The last 10 amendments to the Con- found that unlimited speech can destroy the stitution—their time for ratification create a hodgepodge of conflicting and inde- power to govern; that is why the House of fensible policies; and in turn public frustra- Representatives has imposed time limits on has been 20 months. There is no doubt tion with these policies creates cynicism and Members’ speeches for decades and why the in this particular Senator’s mind that contempt for the entire political process. Senate has adopted a rule permitting 60 sen- this could easily be ratified next No- A serious attempt to deal with the cam- ators to end a filibuster. One might fairly vember 1996. Then the Congress could paign financing problem was made in the paraphrase Lord Acton’s famous aphorism come back and they could get to this Federal Election Campaign Act of 1974 and about power by saying, ‘‘All political money the 1976 amendments, which set maximum bundling problem, this third party corrupts; unlimited political money corrupts problem, and they can get to all the limits on the amounts of individual con- absolutely.’’ tributions and on the aggregate expenditures Finally, Mr. Chairman, I would not be dis- little tricks in politics, national com- of candidates and so-called independent com- couraged from taking the amendment route mittees, individual committees, and mittees supporting such candidates. The con- by any feeling that constitutional amend- everything else of that kind, and we stitutionally of these provisions was chal- ments take too long to get ratified. The fact can legislate the honest intent of a ma- lenged in the famous case of Buckley v. is that the great majority of amendments jority of Democrats and Republicans in Valeo, 424 U.S. 1, in which I had the honor of submitted by Congress to the states during sharing the argument in support of the stat- the last 50 years have been ratified within a former session, getting back to what ute with Professor Archibald Cox. While the twenty months after they were submitted. we intended in 1974. We said on the Supreme Court sustained the constitu- All polls show that the public strongly sup- floor of this body that you cannot buy tionality of the limits on contributions, it ports limits on campaign expenditures. The this election anymore. Instead, under struck down the provision limiting expendi- principal delay will be in getting the amend- Buckley versus Valeo, that is the only tures for candidates and independent com- ment through Congress. Since that is going way. mittees supporting such candidates. It found to be a difficult task, we ought to start im- an inseparable connection between an ex- mediately. Unlimited campaign expenditures We have a candidate right now for penditure limit and the extent of a can- and the political diseases they cause are President who has never run for any- didate’s or committee’s political speech, going to increase at least as rapidly as new thing, and he has one idea about the which did not exist in the case of a limit on cases of AIDS, and it is high time to start flat tax that will give himself a tax the size of each contribution by a non-speak- getting serious about the problem. cut, and he is buying up $25 million of er unaccompanied by any limit on the aggre- Mr. Chairman, on three past occasions we gate amount a candidate could raise. It also the people have amended the Constitution to airwaves in the Republican primaries. found little if any proven connection be- correct weaknesses in that rightly revered That would ordinarily be an embarrass- tween corruption and the size of a can- document as interpreted by the Supreme ment. The fact that it is accepted has didate’s aggregate expenditures, as distin- Court. On at least two of those occasions— embarrassed this particular Senator. guished from the size of individual contribu- the Dred Scott decision and the decision We have to get away from that kind tions to a candidate. striking down federal income taxes, history The Court did, however, approve the Presi- has subsequently confirmed that the amend- of nonsense. Just because you are rich dential Campaign Financing Fund created by ments were essential to our development as and you can buy up time and you have the 1976 amendments, including the condi- a healthy, just and powerful society. A third never even been in a campaign, and tion it imposed barring any presidential such challenge is now before us. The time others have been in there 2, 3 years, nominee who accepted the public funds from has come to meet it. you can get up there in 2 months and spending more than a specified limit. For a fuller discussion of the case for a run No. 2—just by money? A flat tax is However, it remains unconstitutional for constitutional amendment, I am attaching Congress to place any limits on expenditures an article written shortly before his death by no unique idea. Come on. So that is by independent committees on behalf of a Congressman Jonathan Bingham, my college what is occurring. We ought to all be candidate. and law school classmate and, in my view, embarrassed, and we ought to jump at In recent presidential elections these inde- one of the finest public servants of our the chance of correcting it. pendent expenditures on behalf of one can- times. didate exceeded the amount of federal fund- Mr. HOLLINGS. Mr. President, I read Mr. President, I ask unanimous con- ing he accepted. this sentence on the third page: sent that the pending amendment be Moreover, so long as the Congress remains Accordingly, the Committee on the Con- temporarily laid aside. deadlocked on proposed legislation for the stitutional System has come to the conclu- public financing of Congressional campaigns, The PRESIDING OFFICER. Without sion that the only effective way to limit the objection, it is so ordered. it is not possible to use the public financing explosive growth of campaign financing is to device as a means of limiting Congressional adopt a constitutional amendment. Mr. HOLLINGS. Mr. President, I send campaign expenditures. the amendment to the desk. Accordingly, the Committee on the Con- Mr. President, I take the position— stitutional System has come to the conclu- for those who are interested in the Bill The PRESIDING OFFICER (Mr. sion that the only effective way to limit the of Rights and the first amendment and KYL). The clerk will report.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18333 The bill clerk read as follows: The probable effect on the future of half of this century, indeed, given the The Senator from South Carolina [Mr. NATO—indeed, of Europe itself—of a size of our military budget—I am not HOLLINGS] proposes an amendment numbered decision by America not to lead this altogether supportive of that par- 3096. force can be gleaned from the history ticular size inasmuch it is representa- Mr. HOLLINGS. Mr. President, I ask of the first half of this century, when tive of the $7 billion increase over and unanimous consent that reading of the the United States refused to take a above the President’s budget, which I amendment be dispensed with. leadership role, but then was later think is too much at this particular The PRESIDING OFFICER. Without pushed into entering a European con- time—it cannot be much of a surprise objection, it is so ordered. flict and suffered heavy casualties in that European powers are heavily de- The amendment is as follows: the process. I have lived through that. pendent on the United States to lead After the first article add the following: History is clear. NATO in implementing a peace treaty ‘‘ARTICLE — So to those who would say that this in Bosnia. It is, in fact, the case that ‘‘SECTION 1. Congress shall have power to conflict is Europe’s business and that NATO is now vigorous, and, as Sec- set reasonable limits on expenditures made America need not be involved, they retary of Defense Perry testified before in support of or in opposition to the nomina- certainly have a point, but there is the the Senate Armed Services Committee tion or election of any person to Federal of- history that I have been talking about, on Wednesday, December 5 of this year, fice. and there is in the history of this cen- ‘‘SECTION 2. Each State shall have power to more united than ever before. Indeed, set reasonable limits on expenditures made tury a warning about the possible, even it is a major development that the in support of or in opposition to the nomina- probable, results of that view in this French have now agreed to participate tion or election of any person to State office. situation that we are facing. in the NATO Military Committee, re- ‘‘SECTION 3. Each local government of gen- This vital military relationship with versing a standoffish position that has eral jurisdiction shall have power to set rea- Europe also affects U.S. vital interests so often characterized France’s rela- sonable limits on expenditures made in sup- in other areas of the world, as well as port of or in opposition to the nomination or tionship with NATO since the day of in Europe. How will other nations de- General Charles de Gaulle. It is both election of any person to office in that gov- pend on the United States, on our notable and telling that while there ernment. No State shall have power to limit word, if we walk away from NATO by the power established by this section. has been a lot of fiery rhetoric in Con- not participating in this unique NATO ‘‘SECTION 4. Congress shall have power to gress about not placing U.S. troops mission? Our security relationships implement and enforce this article by appro- under the command of foreign military with NATO, with Asian nations, and priate legislation.’’. officers, none of our NATO allies, and elsewhere, are intimately tied through Mr. HOLLINGS. Mr. President, I none of the other nations sending our trading, banking, and diplomatic yield the floor. troops to Bosnia, has expressed any relationships. U.S. military leadership Mr. BYRD addressed the Chair. reservation about putting their sol- The PRESIDING OFFICER. Under and security agreements create a diers under U.S. command. Even the the previous order, the Senator from strong base upon which to build fertile Russian troops who will serve under West Virginia is recognized. economic and diplomatic relationships. the U.S. lst Armored Division around f It is a mistake to view this current sit- uation as some sort of stand-alone Tuzla have had great difficulty, as a UNITED STATES LEADERSHIP IN problem. matter of fact had greater difficulty in BOSNIA The outcome of U.S. failure to sup- putting themselves under NATO com- Mr. BYRD. Mr. President, I have port NATO in this operation could af- mand than under U.S. command. This been recognized to speak out of order. fect U.S. interests in other parts of the is another testament, it seems to me, Mr. President, President Clinton has world and at other times in history. to U.S. leadership. made a difficult and courageous deci- The risks of not attempting to stabilize President Clinton and the United sion to accept a role in leading a NATO the conflict in the Balkans, resulting States accepted a leadership role in deployment of forces to implement the in the war’s spreading outside the im- Bosnia only reluctantly. We all can re- peace treaty that the parties to the mediate theater of conflict that would call the cries of outrage from across Bosnia conflict have initialed and that be a likely consequence, are substan- the United States a year or two ago, as they will soon sign. It was only tial and troubling. Left unchecked, the media coverage of wartime atrocities through strong, persistent, and coura- Bosnian conflict could spread to Mac- in Bosnia were beamed into our living geous leadership that these parties edonia and Albania, dragging NATO al- rooms. Pictures of refugees fleeing reached an agreement to end their lies Greece and Turkey into an esca- burned-out homes, pictures of skeletal atrocious, murderous, ethnic savagery lating ethnic conflict. That would be prisoners of war recounting tales of at all. disastrous for the future with respect torture and suffering, of sobbing What is crystal clear is that our Eu- to the interests of NATO and certainly women admitting to the rapes they en- ropean allies, half a century after the with respect to our own overall secu- dured, pictures of stoic faces of United end of World War II, are dependent on rity interests. Nations observers chained to ammuni- the United States for leadership on the I do not think I need to point out the tion bunkers—all of these images led to European Continent. This is a result of damage to the NATO alliance that cries for action by the United States, the continuous commitment of Amer- would result from such an eventuality. cries for immediate military reprisals ica to defend Europe against possible U.S. troops are still on watch over from across the United States. aggression by the Soviet empire for Iraq, which remains a threat to Kuwait many, many years, and of the United and Saudi Arabia. Should Iraq move This was the reaction driven by the States, being willing to provide the against Kuwait once again, would we media, driven by the electronic eye, glue of military and economic leader- be able to count on our allies to stand and perhaps it is too bad in a sense ship on the European Continent. This with us against Iraq a second time? that we are to be driven and are to let reliance on the United States is testi- Whether we like it or not, as we are ourselves be driven by that electronic mony, one might surmise, to a job that fond of saying, the United States is the eye, by that television tube. the United States did almost too well, world’s sole remaining superpower. I But the President did not commit too unselfishly, and under administra- find it ironic that some Senators who U.S. troops to such an effort, and in my tions of both political parties. promote robust defense budgets, even opinion he would have been on dubious The argument can be made and will at the expense of not funding needed constitutional grounds had he done so. be made that this conflict in Bosnia is domestic infrastructure, educational, I know there are those who would say a European conflict, and that Euro- and other needs, still shrink from en- he is the Commander in Chief and that peans should police it without asking dorsing a role for the United States he has that authority. I am not going the United States to take the lead. which has been requested by the NATO into that argument at this point but I That is a logical argument. I agree alliance. Given our power, given the am prepared to, and may do so before with it. But what is logical, unfortu- unbroken leading role we have played many days have passed—that is a very nately, is not reality in that sense. in Europe throughout the entire second dubious ground of constitutionality. He

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18334 CONGRESSIONAL RECORD — SENATE December 11, 1995 promised troops for our NATO mission Services Committee, of which I am a learned, makes a difference, and the on the ground in Bosnia only to help member. world recognizes that American leader- implement a peace agreement, and So the administration has presented ship makes a difference. Nevertheless, there was no peace agreement in sight its case. It has responded to questions Mr. President, the American people are at that time. Now, there is a peace and, in my judgment, candidly. not anxious to risk their children to agreement in sight, brought about in We are all very cognizant of the risks tame the excesses of other nations and large part by the efforts of this admin- of casualties, and the administration is ethnic groups. We do so very reluc- istration, and we are faced with the de- very clear on that point, that there are tantly, and that is as it should be. But cision of whether or not to support risks of casualties. And we are rightly when we contemplate an action such as that agreement. We can be sure that concerned about the prospects of mis- the President has proposed in the Bal- those calls for U.S. military action sion creep and the resulting quagmire kans, the chances of success are great- would be heard again, should those that could develop when unforeseen ly enhanced if the execution of the op- tragic images be resurrected as a result events attempt to push us into an un- eration is bipartisan and if the Presi- of our unwillingness to follow through defined, interminable and escalating dent has the support of the Congress in on this opportunity; that is what it is, involvement which none of us wants this endeavor. an opportunity. That is all it is at the and which none of us—this Senator in I wrote to the President on October moment, an opportunity. We hope that particular—is willing to support. I be- 13, urging him to seek the support of it will eventually lead to peace, but it lieve that the administration is also Congress before beginning this mission, is an opportunity for peace. concerned about these possibilities, and I commend him for replying in the In many ways, Bosnia represents the and that we must reject any attempt affirmative on October 19. He promised future of conflict in the world—an to expand the limited military role in to provide such a request ‘‘promptly ugly, convoluted, and murderous small Bosnia beyond that which has been after a peace agreement is reached.’’ war with the ability to spread across projected and assured as being the And in the next 2 minutes, such a let- borders and to convocate and to draw limit by the administration. We must ter will be faxed, as I have just been ad- in neighboring nations and religio-eth- guard against mission creep. We saw vised. nic groups. There is no clear super- that in Somalia. When that happened, It is a truism that when the Presi- power prism to focus and sharpen the then I insisted on an amendment. It dent succeeds, America succeeds. And lines between warring factions, as was my amendment which drew the if he does not succeed, the Nation as a there was in the cold war. We cannot line in the sand and said, ‘‘This far, no whole loses. The majority leader, Mr. intervene in all of these conflicts, of farther. If there is a request, if there is DOLE, has the experience and wisdom course, nor can we hope to solve all of justification for staying longer, then to understand this fundamental axiom them. But some can be averted, or come back, come back to Congress, of American power and influence, and I shortened, or perhaps settled, as Iraq, seek authorization and appropria- commend our majority leader for and now, hopefully, Bosnia has been, or tions.’’ So the power of the purse was throwing his support behind the Presi- soon will be, by the combined efforts of the magic ointment that assured that dent in the execution of this national the United States and other powers. No such a line could be drawn and that it commitment. He has done the right single nation can wade in and settle could be enforced. thing for our country, and I believe the these conflicts as they are too deep- The United States can be proud of its Congress as a whole should step up to seated, too complex. This places a pre- professional, volunteer military. These the plate and accept its share of the re- mium on coalition building and on co- men and women are well trained, well sponsibility. operative efforts by interested parties. armed, willing and ready to meet any The Constitution places upon the It is an approach that worked in Iraq, challenge. Congress the authority to declare war. and hopefully will work in Bosnia. I have heard it said that they are the Is one to suppose that anything less United States leadership and participa- best America has ever produced. I am than a declaration of war shifts the re- tion have been critical, but we cannot not one who would say that, having sponsibility elsewhere? I will have do it alone, anymore than the other na- lived through two world wars, the war more to say on this later. tions concerned about Bosnia can do in Vietnam and the war in Korea. The We in the Senate should come down it—or will do it—without us. United States has produced great ar- on this one way or the other. It is the The Dayton accords, to be signed in mies, great navies, military forces responsibility of the Congress. That is Paris on December 14, are impressive. manned by patriotic individuals who where the responsibility rests. That is They comprise the basis for a new start were well trained in past wars. So, where it is vested by the Constitution, for all the people of Bosnia, covering some who fought in World War II may and we should be willing to step up to territorial, military, civil, govern- question the saying that today’s mili- the plate and vote one way or the mental, and electoral matters. Not tary is the best that America has ever other. every issue is finally resolved, not produced. We can say that no better We have a constitutional duty to do every issue will be finally resolved, but has been produced. And we can be so. We have an obligation to the people additional negotiations are called for proud of our military men and women. who voted to put us here to stand up to resolve the outstanding issues. All These men and women are well for what we believe. One may wish to three parties to the conflict have ini- trained, they are well armed, and they vote no; one may wish to vote aye. It tialed these accords, and all three par- are willing and ready to meet any chal- seems to me that we have a responsi- ties have pledged to abide by them. All lenge, and they understand the risks bility to vote one way or the other. the parties have sought this peace, and that they face better than I can ever Ducking around the issue, hedging our have made the many difficult decisions hope to do. They are prepared to oper- bets and avoiding responsibility are necessary to reach agreement on these ate effectively and decisively in Bos- not what the voters sent us here for. accords. After almost 4 years of bitter nia. Our constituents deserve our consid- conflict, this is truly an impressive So, I again commend the President in ered judgment and expect us to take a achievement, and one that should not arranging the Dayton meetings and stand on actions which will put their be underestimated. putting together this opportunity to children at risk in foreign lands. The administration has done a good bring peace to the Balkans. This was Our foreign military men and women job in testifying before congressional quite an achievement in reaching the will not have the opportunity to hedge committees, in laying out in detail the Dayton accords, quite an achievement their bets. They are being sent to bat- military plan and tasks that we would in bringing the parties together, quite tle, and they will stand at the plate. undertake to fulfill the NATO imple- an achievement in getting them to ini- And we have a responsibility to do the mentation plan. tial an agreement. It is a noble effort, same. The Constitution places that re- I have participated in hearings by the worthy of America, and it holds prom- sponsibility right here. Senate Appropriations Committee, of ise for a more enlightened 21st century I believe that any resolution that we which I am a member. I have likewise than was the reality of the 20th cen- pass on this matter should clearly participated in hearings by the Armed tury. American leadership, we have state that the Congress is approving

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18335 the operation. I would prefer to use the is, the standards of success and bench- an extension, then I think that the word ‘‘authorizing’’ the operation. marks of military action by the inter- President can come back to the Con- That is what we did in the case of the national force which will result in a de- gress at that time and seek an exten- war in the Persian Gulf. Congress au- parture of our forces. The Secretary of sion, and seek the appropriations that thorized the President of the United Defense, Mr. Perry, and the Chairman are necessary, and Congress may at States, the words being these, and I of the Joint Chiefs of Staff, General that time then address such a request quote from the Joint Resolution, Sen- Shalikashvili, testified on Wednesday, promptly and appropriately, based on ate Joint Resolution 2, as voted on December 5, 1995, that they will have circumstances at such time. January 12, 1991: ‘‘The President is au- no trouble in completing the military I am not saying that Congress would thorized,’’ et cetera. mission and removing our forces from favorably respond or that it would not So we should take a clear stand. It the ground operation in Bosnia in ‘‘ap- favorably respond. But, again, Congress should have the effect of giving the proximately’’ a year. would speak. The deadline itself then is President the clear aegis of congres- That is the exit strategy! Let us vote the ultimate exit strategy, and the ad- sional authority that there is no doubt on language putting their assurances ministration can clearly plan its ac- in the minds of friend or foe. into print, into law, into the action of tivities and withdrawal in an orderly I can understand those who may wish the Senate. That is the exit strategy, fashion with that deadline understood to vote against such a measure, but ‘‘approximately 1 year.’’ Indeed, they from the outset. There will be no ambi- vote we should. It should have the ef- have emphatically argued that the guity about timeframes, then, regard- fect, as I say, of giving the President a military missions are structured so as ing American military involvement clear aegis of congressional authority, to be able to be accomplished well and exposure of our forces to extended which will help our military forces to within that time period. risk in Bosnia. succeed, and thus help America to suc- Mr. President, how much time do I I should say that such language in no ceed. have remaining? way would prevent the troops from Some have compared this upcoming The PRESIDING OFFICER. The Sen- being withdrawn earlier than ‘‘approxi- vote to the vote authorizing President ator has 13 minutes and 10 seconds re- mately 1 year,’’ if all goes as well as Bush to lead U.S. troops into combat in maining. expected. And if the mission does not Operation Desert Storm against Iraq, Mr. BYRD. I thank the Chair. go well, I remind my colleagues that and I just referred to that resolution. The Dayton agreement itself, in Arti- Congress has the ability to end U.S. Unlike the Persian Gulf war, when an cle I, General Obligations, states that participation earlier, if necessary. Con- economic embargo that was only just the parties ‘‘welcome the willingness of gress retains the power of the purse. I beginning to bite into the Iraqi econ- the international community to send hope that Congress will think long and omy provided an alternative to war, an to the region, for a period of approxi- many times before it ever shifts that alternative that I favored—an alter- mately one year, a force to assist in power of the purse to the Chief Execu- native that I believe most of the Chiefs implementation of the territorial and tive. of Staff favored, an alternative that I other militarily related provisions of Congress retains the power of the seem to remember General Powell fa- the agreement.’’ Therefore, the expec- purse and can at any time draw a date- vored—that I favored at that time over tation of the parties themselves in lan- line for cutting off the funds for the risking U.S. service men and women to guage that they have initialed is that mission and bringing the troops home. combat, there is no comparable current approximately 1 year is what they get This is the ultimate authority, the ul- timate authority of Congress and the alternative in the case of Bosnia. All of in terms of the NATO operation. This ultimate authority of the American the alternatives have been tried over is the clear understanding of the dura- people through their elected represent- the last 3 or 4 years and have played tion of the military mission, and so I atives in Congress. And the power of out whatever impact they had. think that there should be no ambi- The economic embargo on Serbia did the purse is the ultimate oversight tool guity about this, no invitation to mis- have an important influence on the be- of the Congress. sion creep, no cloud of uncertainty havior of President Milosevic in seek- While I accept the assurances of our that we are being drawn into a quag- ing a peaceful settlement. In the end, military leadership that the mission is mire. The administration and the par- however, only resolute U.S. and NATO achievable and that U.S. forces are well ties themselves, therefore, have made military power have created conditions prepared to deal with the expected in which all of the warring factions it indubitably clear that the mission is problems that may arise, if the situa- have sought peace and have sought to for approximately 1 year, and the tion changes and the parties resume protect this fragile commitment with American people have a right to expect their conflict despite our efforts and the security of a NATO presence. it to last no longer than that. despite their pledges, then I would sup- This is unique. It is unique. In Bos- The military operation should not be port action to bring our troops home, nia, our mission is to deter further dependent upon the success of recon- as I have done in the past. war, to ensure stability by our very struction attempts by civilian agen- There may well be needed a follow-on presence, and to give all three parties a cies, should not be dependent on the security force, manned by European chance to back away from conflict and pace of civilian reconstruction, should troops on the ground, when the U.S. begin anew in peace. This is an impor- not be dependent on elections, or other mission is over. I strongly encourage tant difference. America has long val- nonmilitary tasks. Therefore, I think the administration to begin planning ued peace and valued compromise over it is appropriate to write into whatever for such a turnover now. While U.S. conflict. resolution we pass a clear date cer- leadership is needed now to stabilize We should think long and we should tain—if not that, then the words ‘‘ap- the situation, after it is stabilized an think hard before we consider rejecting proximately 1 year’’—so that it would insurance policy in the way of a resid- this compromise, this chance for peace be clear as to when U.S. forces will be ual European force should be con- instead of more war. In the end, we do expected to have fulfilled their mission templated. not know how this effort will turn out. and departed. I suggest that it be the I say all of this, Mr. President, after It is a serious undertaking, as can be language because that is the language long consideration and with deep per- said of many decisions that have been the administration witnesses, that is sonal reflection and concern. This is a made by our forbears in the past and in the language that the President, and sober, somber thing that we are con- many actions that have been taken by that is the language that the parties to templating. I feel deeply my obliga- our forefathers in the past. The out- the agreement themselves have pro- tions to the Constitution and to the come was not assured in their day. The posed. people of West Virginia and to the peo- outcome is not assured here, but we The language then should say— ple of the United States and to our men must make the best possible choice and should, indeed, let the President and women in uniform. West Vir- decide what is best for America’s secu- know—that we expect that word to be ginians will play a role in this mission rity interests. kept. If for some unforeseen reason the as they have done so well and so val- Furthermore, there has been concern circumstances are such that there may iantly in so many U.S. military mis- over the so-called exit strategy; that appear to be justification for seeking sions throughout the Nation’s history.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18336 CONGRESSIONAL RECORD — SENATE December 11, 1995 West Virginians were playing a role support that I believe are necessary to military mission can be accomplished in even before West Virginia itself became see this mission through successfully. about a year. a State. Even before it became the 35th Mr. President, how much time do I A summary of the OPLAN is attached. Of course, members of my staff and the Admin- star in the universe of stars, the people have remaining? istration are available to answer your ques- of West Virginia, the people beyond the The PRESIDING OFFICER. The Sen- tions and further brief you on the OPLAN as mountains, beyond the Alleghenies ator has 2 minutes and 45 seconds re- you require. played a role. The 152nd POW Informa- maining. I consider the Dayton peace agreement to tion Center, an Army National Guard Mr. BYRD. I thank the Chair. be a serious commitment by the parties to unit in Moundsville, WV, is among the Now, Mr. President, I read from a let- settle this conflict. In light of that agree- units that have been ordered to deploy ter that has been sent to our Demo- ment and my approval of the final NATO OPLAN, I would welcome a Congressional ex- cratic leader, Mr. DASCHLE, and I un- to Bosnia. I wish them well, and I will pression of support for U.S. participation in remember their patriotism daily. derstand that the Democratic leader a NATO-led Implementation Force in Bos- West Virginia is a great and patriotic has no objection to my reading from nia. I believe Congressional support for U.S. State with a history of military serv- this letter and that he authorizes my participation is immensely important to the ice. As a percentage of her eligible pop- doing so. unity of our purpose and the morale of our ulation, West Virginia stands at the The letter says in part—it is ad- troops. top—not at the bottom, but at the dressed to the leader: I believe there has been a timely oppor- tunity for the Congress to consider and act top—in combat casualties in U.S. mili- Dear Mr. LEADER: I consider the Dayton upon my request for support since the ini- tary operations during the more than peace agreement to be a serious commitment by the parties to settle this conflict. In light tialing in Dayton on November 21. As you 200-year history of our Nation. West know, the formal signing of the Peace Agree- Virginia also has citizens whose herit- of that agreement and my approval of the final NATO plan, I would welcome a congres- ment will take place in Paris on December age is Croat, Serb, and Bosnian Mos- sional expression of support for U.S. partici- 14. As I informed you earlier, I have author- lem—not many, but some. So the peo- pation in a NATO-led implementation force ized the participation of a small number of ple of West Virginia, while most con- in Bosnia. I believe congressional support for American troops in a NATO advance mission cerned about the fates of the U.S. sol- U.S. participation is immensely important— that will lay the groundwork for IFOR, diers, sailors, and airmen serving their Let me say that again. starting this week. They will establish head- country around the world, are not un- I believe congressional support for U.S. quarters and set up the sophisticated com- mindful of the people of Bosnia. participation is immensely important to the munication systems that must be in place In mid-November, the capital city of unity of our purpose and the morale of our before NATO can send in its troops, tanks Charleston, WV, voted to become the troops. and trucks to Bosnia. sister city of Sarajevo, the capital of Mr. President, I add my own feeling America has a responsibility to help to turn this moment of hope into an enduring Bosnia. Charleston churches, other re- that congressional support is not only ligious institutions, and the University reality. As the leader of NATO—the only in- immensely important, but it is also stitution capable of implementing this peace of Charleston have generously and self- vital, in my judgment, it is vital to the agreement—the United States has a pro- lessly volunteered to support Bosnian success of the effort. found interest in participating in this mis- refugees, and I am moved by these acts Mr. President, I ask unanimous con- sion, which will give the people of Bosnia the of kindness. We in West Virginia may sent on behalf of Mr. DASCHLE that the confidence and support they need to preserve be physically isolated in our moun- entire letter be printed in the RECORD. the peace and prevent this dangerous war in tains. We do not bemoan that fact. As There being no objection, the letter the heart of Europe from resuming and a matter of fact, we look upon those was ordered to be printed in the spreading. Since taking office, I have refused mountains with immense pride. We to send American troops to fight a war in RECORD, as follows: Bosnia, but I believe we must help now to se- may be isolated, but we are not un- THE WHITE HOUSE, cure this Bosnian peace. mindful of the plight of the common Washington, December 11, 1995. Sincerely, people of Sarajevo and the whole of Hon. THOMAS A. DASCHLE, BILL CLINTON. Bosnia and Herzegovina. Democratic Leader, U.S. Senate, Mr. BYRD. Mr. President, I thank This NATO operation in Bosnia in Washington, DC. the Senate. I thank Senators. I yield support of the Dayton peace agreement DEAR MR. LEADER: Just four weeks ago, the leaders of Bosnia, Croatia and Serbia the floor. can be a turning point in the history of Mr. KENNEDY addressed the Chair. the Balkans. There are no other viable came to Dayton, Ohio, in America’s heart- land, to negotiate and initial a peace agree- The PRESIDING OFFICER. The Sen- alternatives to ending this conflict. ment to end the war in Bosnia. There, they ator from Massachusetts if recognized. There is no other alternative to the ex- made a commitment to peace. They agreed Mr. KENNEDY. Mr. President, I ercise of American leadership and re- to put down their guns; to preserve Bosnia as strongly oppose the constitutional solve that has led to this last true at- a single state; to cooperate with the War amendment we are debating this after- tempt at peace. Crimes Tribunal and to try to build a peace- noon and will be voting on tomorrow. The President is exercising leader- ful, democratic future for all the people of The first amendment is one of the ship, and he is rightly seeking the sup- Bosnia. They asked for NATO and America’s great pillars of our freedom. It has port of the people and he is rightly help to implement this peace agreement. On Friday, December 1, the North Atlantic never been amended in over 200 years of seeking the support of the Congress of Council approved NATO’s operational plan, our history and now is no time to start. the United States for this mission. It is OPLAN 10405, the Implementation of a Peace Flag burning is a vile and contemp- our constitutional obligation here in Agreement in the Former Yugoslavia. On tuous act, but it is also a form of ex- the Congress to consider this mission Saturday, General George Joulwan, Supreme pression protected by the first amend- and the consequences of this mission Allied Commander Europe, who will be com- ment. Surely we are not so insecure in for American interests. It is our obliga- manding the NATO operation, briefed me in our commitment to freedom of speech tion to vote, and it is our obligation to Germany on the final OPLAN. and the first amendment that we are watch over the execution of the mis- Having reviewed the OPLAN, I find the mission is clearly defined with realistic willing to start carving loopholes now sion. goals that can be achieved in a definite pe- in that majestic language. I have been glad to see the Senate riod of time. The risks to our troops have And for what reason? What is the conducting the hearings and the debate been minimized to the maximum extent pos- menace? Flag burning is exceedingly that have led up to this upcoming vote. sible. American troops will take their orders rare. Published reports indicate that These have been lengthy hearings. from the American general who commands fewer than 10 flag burning incidents They have been probing, and they have NATO. They will be heavily armed and thor- have occurred a year since the Su- been thoughtful. There have been oughly trained. In making an overwhelming preme Court’s decision in Texas versus thoughtful questions and there have show of force, they will lessen the need to Johnson in 1989. According to the Con- use force. They will have the authority, as been thoughtful answers, and this well as the training and the equipment, to gressional Research Service, there were could be a proud moment in the history respond with decisive force to any threat to 7 reported incidents in 1990; 13 in 1991; of the Senate. their own safety or any violations of the 10 in 1992; 0 in 1993; and 3 in 1994. I hope that we can give the troops military provisions of the peace agreement. Mr. President, this is hardly the kind and the President the guidance and U.S. and NATO commanders believe the of serious and widespread problem in

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18337 American life that warrants a loophole photograph of Americans protesting the war I believe that the States and the Federal in the first amendment. Surely there is by burning a flag. ‘‘There,’’ the officer said. Government do have the power to protect no clear and present danger that war- ‘‘People in your country protest against the flag from acts of desecration and rants such a change. your cause. That proves you are wrong.’’ disgrace...Id. at 605 (Warren, C.J., dis- ‘‘No,’’ I said. ‘‘That proves that I am right. senting). Mr. President, we just heard the ex- In my country we are not afraid of freedom, cellent statement of the Senator from even if it means that people disagree with Justice Black—generally regarded as West Virginia. His statement empha- us.’’ The officer was on his feet in an instant, a first amendment ‘‘absolutist’’—also sized that issues of security and inter- his face purple with rage. He smashed his fist dissented and stated: ests of peace in the Balkans are a mat- onto the table and screamed at me to shut It passes my belief that anything in the ter of great importance to the Amer- up. While he was ranting, I was astonished to Federal Constitution bars a State from mak- ican people. It is right that we will de- see pain, compounded by fear, in his eyes. I ing the deliberate burning of the American have never forgotten that look nor have I bate issues relating to national secu- Flag an offense. Id. at 610 (Black, J., dis- forgotten the satisfaction I felt at using his senting). rity and the well-being of our men and tool, the picture of the burning flag, against women under arms. him. Justice Fortas agreed with Chief Jus- Similarly, it is essential that we dis- Mr. President: this is James Warner, tice Warren and Justice Black: cuss our Nation’s domestic priorities as former marine, prisoner of war for over [T]he states and the Federal Government we address the budget and the deficit. 7 years. have the power to protect the flag from acts Hopefully debate will lead to progress It hurts to see the flag burned, but I part of desecration committed in pub- in an area of great importance. company with those who want to punish the lic....[T]he flag is a special kind of per- We also would agree, I daresay, that flag burners. . . I remember one interroga- sonality. Its use is traditionally and univer- the issues facing the children of this tion [in North Vietnam] where I was shown a sally subject to special rules and regula- country—the strength of our edu- photograph of Americans protesting the war tion....A person may ‘‘own’’ a flag, but cational system, the violence engulfing by burning a flag. ‘‘There,’’ the officer said. ownership is subject to special burdens and our society, the exposure to substance ‘‘People in your country protest against responsibilities. A flag may be property, in a your cause. That proves you are wrong.’’ sense; but it is property burdened with pecu- abuse and other health risks—are a ‘‘No,’’ I said. ‘‘That proves that I am right. liar obligations and restrictions. matter of importance and deserve ex- In my country we are not afraid of freedom, Certainly...these special conditions are tensive debate. even if it means that people disagree with not per se arbitrary or beyond governmental But, when you look at the incidents us.’’ The officer was on his feet in an instant, power under our Constitution. Id. at 615–617 of flag desecration during the last 5 his face purple with rage. He smashed his fist (Fortas, J., dissenting). onto the table and screamed at me to shut years—three in 1994, none in 1993—it is Prof. Stephen B. Presser of North- difficult to believe that we are going to up. While he was ranting, I was astonished to see pain, compounded by fear, in his eyes. I western Law School testified before the take time to amend the first amend- have never forgotten that look nor have I Subcommittee on the Constitution on ment to the Constitution. I think such forgotten the satisfaction I felt at using his June 6: an action fails the reality test. tool, the picture of the burning flag, against The Flag Amendment would not in any I can remember listening to a speech him. way infringe the First Amendment....The given by Justice Bill Douglas, one of Mr. President, that says it all. We re- Flag Protection Amendment does not forbid the great Supreme Court Justices. Stu- spect the flag the most, we protect it the expression of ideas, nor does it foreclose dents asked him what was the most im- the best, and the flag itself flies the dissent. [Written Testimony of Professor portant export of the United States. He highest when we honor the freedom for Stephen B. Presser, June 6, 1995 at p. 11] said, without hesitation, ‘‘The first which it stands. Richard Parker, professor of law at amendment.’’ That is the defining Mr. President, I yield the floor. Harvard Law School, testified: amendment for the preservation of Mr. HATCH. Mr. President, this speech and religion, so basic and funda- amendment, granting Congress power The proposal would not ‘‘amend the First mental in shaping our Nation. Now, in to prohibit physical desecration of the Amendment.’’ Rather, each amendment would be interpreted in light of the other— the next 2 days, are we going to make flag, does not amend the first amend- much as in the case with the guaranties of the first alteration to the first amend- ment. The flag amendment overturns Freedom of Speech and Equal Protection of ment? I believe it is not wise to do so. two Supreme Court decisions which the Laws. When the Fourteenth Amendment The first amendment breathes life have misconstrued the first amend- was proposed, the argument could have been into the very concept of our democ- ment. made that congressional power to enforce racy. It protects the freedoms of all The first amendment’s guarantee of the Equal Protection Clause might be used Americans, including the fundamental freedom of speech has never been to undermine the First Amendment. The freedom of citizens to criticize their deemed absolute. Libel is not protected courts have seemed able, however, to har- under the first amendment. Obscenity monize the two. The same would be true Government and the country itself, in- here. Courts would interpret ‘‘desecration’’ cluding the flag. As the Supreme Court is not protected under the first amend- and ‘‘flag of the United States’’ in light of explained in Texas versus Johnson, it ment. A person cannot blare out his or general values of free speech. They would is a ‘‘bedrock principle underlying the her political views at 2 o’clock in the simply restore one narrow democratic au- first amendment * * * that the Govern- morning in a residential neighborhood thority. Experience justifies this much con- ment may not prohibit the expression and claim first amendment protection. fidence in our judicial system. of an idea simply because society finds Fighting words which provide violence But, we’re asked, is ‘harmonization’ pos- the idea itself offensive and disagree- or breaches of the peace are not pro- sible? If the Johnson and Eichman decisions able.’’ tected under the first amendment. protecting flag desecration were rooted in es- Of course we condemn the act of flag The view that the first amendment tablished strains of free speech law—as they were—how could an amendment countering burning. The flag is a grand symbol does not disable Congress from prohib- iting physical desecration of the flag those decisions coexist with the First that embodies all that is great and Amendment? has been shared by ardent supporters of good about America. It symbolizes our First, it’s important to keep in mind that patriotism, our achievements, and rev- the first amendment and freedom of ex- free speech law has within it multiple, often erence our reverence for freedom and pression. competing strains. The dissenting opinions democracy. In Street v. New York, 394 U.S. 576 Johnson and Eichman were also rooted in es- But how do we honor the flag by dis- (1969), the defendant burned a flag tablished arguments about the meaning of honoring the first amendment? Con- while uttering a political protest. The freedom of speech. Second, even if the gen- sider the words of James Warner, a Court overturned his conviction since eral principles invoked by the five Justices former marine aviator, who was a pris- the defendant might have been con- in the majority are admirable in general—as I believe they are—that doesn’t mean that oner in North Vietnam from 1967 to victed solely because of his words. The Court reserved judgment on whether a the proposed amendment would tend to un- 1973: dermine them, so long as it is confined, as it It hurts to see the flag burned, but I part conviction for flag burning itself could is intended, to mandating a unique exception company with those who want to punish the withstand constitutional scrutiny. [Id. for a unique symbol of nationhood. Indeed, flag burners. . .. I remember one interroga- at 581.] Chief Justice Warren dissented, carving out the exception in a new amend- tion [in North Vietnam] where I was shown a and in so doing, asserted: ment—rather than through interpretation of

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18338 CONGRESSIONAL RECORD — SENATE December 11, 1995 the First Amendment itself—best ensures symbol of our national consciousness is nificance. The shape, the colors, the di- that it will be so confined. Even opponents of as old and as rich as the evolution of mensions, and the arrangement of the the new amendment agree on this point. our country itself. patterns help make the flag what it is. Third, it’s vital to recognize that the pro- I will never forget the emotion I felt The colors of the flag were chosen by posed amendment is not in general tension the Continental Congress in the 18th with the free speech principle forbidding dis- as a child when I saw that famous pho- crimination against specific ‘messages’ in tograph by photographer Joe Rosen- century. In 1782, the Congress of the regulation of speech content. Those who thal—a photograph of the soldiers rais- Confederation chose the same colors desecrate the flag may be doing so to com- ing the American flag at Iwo Jima— for the Great Seal of the United States: municate any number of messages. They capturing in one moment in time, the Red for hardiness and courage; white may be saying that government is doing too strength and the determination of this for purity and innocence; blue for vigi- much—or too little—about a particular prob- entire Nation. lance, perseverance, and justice. lem. In fact, they may be burning the flag to The unique status of the national If one were to change the colors, the protest the behavior of non-governmental, flag has been supported by constitu- orientation of the stripes, or the loca- ‘patriotic’ groups and to support efforts of tional scholars as diverse as Chief Jus- tion of the field of stars, it would no the government to squash those groups. longer be the American flag. What I am Laws enacted under the proposed amend- tices William Rehnquist and Earl War- ment would have to apply to all such activ- ren, and Justices John Paul Stevens saying is that I believe that the phys- ity, whatever the specific ‘point of view.’ and Hugo Black. ical integrity of the flag is crucial. One, and only one, generalized message could The flag flies proudly over official Despite this fact, because the flag be regulated: ‘desecration’ of the flag itself. buildings, and many Americans fly also has symbolic value, the Supreme And regulation could extend no farther than them at their homes. I happen to be Court has determined that physically a ban on one, and only one, mode of doing it: one of them. burning or mutilating the flag does not ‘physical’ desecration. Finally, and perhaps destroy the symbol. Therefore, a prohi- most importantly, we mustn’t lose sight of Our history books are replete with the stories of soldiers, beginning with bition on burning or mutilating the the fundamental purpose of the proposed flag would not serve a ‘‘compelling’’ amendment. That purpose is to restore the Civil War, who were charged with democratic authority to protect the unique the responsibility of leading their units governmental interest and could not be symbol of our aspiration to national unity, into battle by carrying the flag. To justified under the first amendment. I do not agree. I believe that burning, an aspiration that, I’ve said, nurtures—rath- them it was more than a task—it was tearing, and trampling on the object er than undermines—freedom of speech that an honor worth dying for, and many undermines the symbol. The process is ‘‘robust and wide-open. [Written Testi- did. When one soldier would fall, an- mony, Professor Richard D. Parker, June 6, may be incremental, but over time the other would take his place, raise the 1995, pages 6–8, footnotes omitted]. symbol erodes. The Supreme Court ar- flag, and press forward. They would not In short, Mr. President, there is no guably has placed the flag in a kind of fail. Their mission was too important; conflict between the flag protection catch-22 situation. Because the flag is the honor too great; flag and country amendment and the first amendment— so important, because the flag is too respected to give anything short of we are only overturning two mistaken unique, because the flag has such pow- their lives to succeed. Supreme Court decisions. erful symbolic value, it, ironically, (Mr. GRAMS assumed the chair.) Mrs. FEINSTEIN addressed the goes unprotected. Mrs. FEINSTEIN. Mr. President, our Chair. I support Senate Joint Resolution 31 The PRESIDING OFFICER. Under flag is recognized as unique, not only because it will return the Nation’s flag the previous order, the Senator from in the hearts and minds of Americans, to the protected status I believe it de- California is recognized. but in our laws and customs as well. No serves. The authority for the Nation to Mr. HATCH. Will the Senator yield? other emblem or symbol in our Nation protect its central symbol of unity was Mrs. FEINSTEIN. Yes. carries with it such a specific code of considered constitutional until 5 years Mr. HATCH. I ask unanimous consent conduct and protocol in its display and ago. that the distinguished Senator from handling. In the Senate Judiciary Committee’s Alaska, Senator STEVENS, be permitted Here are just a few sections of the markup of Senate Joint Resolution 31, to speak after our friend, the Senator Federal law: I proposed alternative legislation with from California. The United States flag should never be dis- more specific, narrowly tailored lan- The PRESIDING OFFICER. Without played with the Union down, except as a sig- guage. Although this was not voted on nal of dire distress or in instances of extreme objection, it is so ordered. in committee, Chairman HATCH offered The Senator from California. danger to life or property. The United States flag should never touch to work with me to see if we could de- Mrs. FEINSTEIN. I thank the Chair. velop language we could agree upon. Mr. President, I think you have anything beneath it—ground, floor, water or merchandise. He has now proposed the substitute heard some very eloquent words from The United States flag should never be amendment that I believe represents a the senior Senator from Massachu- dipped to any person or thing. vast improvement over the original setts. I respect him greatly. I respect The United States flag should never be car- language of Senate Joint Resolution 31. the words he said. I think what this ried horizontally, but it should always be The original language would have al- proves is that there is no lack of patri- carried aloft and free. lowed Congress, as well as each of the otism on either side of this debate. Pa- Why then, should it be permissible 50 States, to develop legislation prohib- triotism and love of country are equal- conduct to urinate on, to defecate on, iting the desecration of the flag. In ly as strong for those of us on each side or to burn the flag? That is not my def- other words, each State would have of this debate. inition of free speech. been authorized to define ‘‘flag,’’ and I support a constitutional amend- Until the Supreme Court’s decision each State would have been authorized ment to restore protection to our na- in Texas versus Johnson in 1990, 48 of 50 to define ‘‘desecration.’’ tional flag. I do so not in deference to States had laws preventing the burning The proposed substitute amendment political expediency, but because I be- or defacing of our Nation’s flag. offered earlier this afternoon would lieve it is the right thing to do. And I I do not take amending the Constitu- give Congress, and Congress alone, the have believed this for a long time. tion lightly. However, when the Su- authority to draft a statute to protect Today I have an opportunity to say preme Court issued the Johnson deci- the flag. This will give Congress the op- why. sion and then the Eichman decision, portunity to draft, carefully and delib- Our national flag has come to hold a those who wanted to protect the flag eratively, precise statutory language unique position in our society as the were forced to find an alternative path. that clearly defines the contours of most important and universally recog- The Nation’s flag is a revered object prohibited conduct, something along nized symbol that unites us as a na- as well as a symbol. I believe that it the lines of the language I offered in tion. No other symbol crosses the polit- should be viewed as such—as a revered committee. It would allow Congress to ical, cultural, and ideological patch- national object, not simply as one of establish a uniform definition for ‘‘flag work that makes up this great Nation many vehicles for free speech. of the United States,’’ rather than al- and binds us as a whole. The evolution Everything about the flag in its tan- lowing for 50 separate State defini- of the American flag as the preeminent gible form, in its very fabric, has sig- tions.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18339 Because we are protecting our na- I recognize that by supporting a con- nificance. Just 5 years ago, when 48 tional symbol, it makes sense to me stitutional amendment to protect the States had laws against flag burning, that Members of Congress, rep- flag, I am choosing a different course the first amendment continued to resenting the Nation as a whole, should from many Democrats in Congress and, thrive. craft the statute protecting our flag. quite frankly, from many of my close I believe that this legislation will Let me add that, from a first amend- friends for whom I have the greatest protect the integrity of the flag while ment perspective, a specific constitu- respect. keeping our first amendment jurispru- tional amendment prohibiting flag But my support for this amendment dence intact. I urge my colleagues to burning may be preferable to a statute. reflects my broader belief that the support it. Harvard Law Prof. Frank Michelman time has come for the Nation to begin I thank the Chair and yield the floor. made this point in a 1990 article, ‘‘Sav- a major debate on values. I believe that Mr. LEAHY addressed the Chair. The PRESIDING OFFICER. The Sen- ing Old Glory: On Constitutional Ico- this country must look at itself in the nography.’’ ator from Vermont. mirror and come to terms with those Mr. LEAHY. Mr. President, I under- Although not himself an advocate of values. I do not wish to imply that one flag protective prohibitions, Professor stand there is a unanimous-consent re- set of values is necessarily superior to quest for the senior Senator from Alas- Michelman argued that a specifically another. But we cannot keep pressing worded constitutional amendment re- ka to proceed at this time, is that cor- the envelope and still remain a func- rect? lated to flag burning could be pref- tional society. erable to a statute, posing fewer poten- The PRESIDING OFFICER. That is We need to ask ourselves what we correct. tial conflicts with the first amend- hold dear—Is there anything we will ment. An amendment pertaining exclu- Mr. LEAHY. Mr. President, the dis- not cast contempt upon? We need to tinguished senior Senator, my good sively to the flag would have little risk ask ourselves: How can we foster re- of affecting other kinds of expressive friend, is not on the floor at the mo- spect for tradition as well as for ideo- ment. I ask unanimous consent that I conduct. The premise of his argument logical and cultural diversity? How can might be able to proceed, and I assure is that, when the Constitution is we foster community as well as indi- my friends that if he arrives, I will amended, Supreme Court review is not viduality, nationhood as well as inter- yield to him at that point. required. nationalism? These are all important The PRESIDING OFFICER. Without By contrast, a statute, if challenged, values, and we have to learn to rec- objection, it is so ordered. could only survive if the Supreme oncile them. We must not jettison one The Senator from Vermont is recog- Court ultimately determined it to be at the expense of another. nized. constitutional. In other words, the The Framers of the Constitution rec- Mr. LEAHY. I thank the Chair and Court would need to justify that the ognized two important elements of our my friend from Utah. statute conformed to existing freedom- constitutional tradition: a liberty ele- Mr. President, I find flag burning a of-expression doctrine. In so doing, the ment and a responsibility element. reprehensible form of protest. We have, Court arguably would need to develop a Without responsibility, without a rule in this the greatest democracy on rationale that could ultimately serve of law, there could be no protection of Earth, freedom of speech, and we have to justify prohibitions on other kinds so many ways that we can have polit- of symbolic expression. life, limb, or property—there could be no lasting liberty. I believe there is a ical debate and well-understood pro- So, I believe that those who say we tests, that it seems like a slap at so are making a choice between trampling danger of moving too far in either di- rection—toward too restrictive order, many people in this country, certainly on the flag and trampling on the first those of us who serve our country and or toward unlimited individual liberty. amendment are creating an unfair di- are sworn to uphold its laws, and a par- chotomy. Protecting the flag will not In this instance, I believe we cannot tilt the scales entirely in favor of indi- ticularly vile form of protest. It de- prevent people from expressing their means an important symbol of our vidual rights, when there exists a vast ideas through other means, in the country and shows disrespect for the community of people in this country strongest possible terms. sacrifice so many have made to pre- who have gone to war for our flag. And Furthermore, the right to free speech serve our freedoms. I know that the there are mothers and fathers and is not unrestricted. For example, the veterans, the Gold Star Wives, whom Government can prohibit speech that wives and children who have received a the distinguished Senator from Cali- threatens to cause imminent tangible knock at their front door and have fornia just referred to, and others who harm, including face-to-face ‘‘fighting been told that their son, or husband, or are pressing for this amendment are words,’’ incitement to violation of law, father had died alone, in a trench. They doing so out of sincerity and out of a or shouting ‘‘fire’’ in a crowded the- were given a flag on this occasion, a strong sense of patriotism. ater. Obscenity and false advertising flag which helps preserve the memory I feel fortunate that we live in a are not protected under the first of their loved one, and which speaks to country where the vast majority—I amendment, and indecency over the his or her courage. would say 99.9 percent—of our citizens broadcast media can be limited to cer- Last June, the Senate Judiciary share a deep respect for the flag and all tain times of day. Ever since Justice Committee heard testimony from Rose that it symbolizes. It was one of the Brennan’s 1964 decision in New York Lee of the Gold Star Wives of America, first things that my grandparents saw Times versus Sullivan, statements an organization representing 10,000 when they came to this country—not criticizing official conduct of a public widows of American servicemen. This speaking a word of English but know- official may be sanctioned if they are is what she said: ing it was a symbol of freedom. known to be false and if they damage The flag, my flag, our flag . . . means Indeed, most of us do not need a law the reputation of the official. There is something different to each and every Amer- or the Constitution to require us to much that is open to debate about the ican. But to the Gold Star Wives, it has the honor America. We do so willingly and proper parameters of free speech. most personal of meanings. Twenty-three spontaneously, as I do when I fly the In voting for this legislation, how- years ago this American flag covered the casket of my husband, Chew-Mon Lee, flag at my home in Vermont. ever, I extend a cautionary note. This United States Army. . . Every Gold Star We salute the flag and we stand for amendment should not be viewed as a Wife has a flag like this one, folded neatly in ‘‘The Star Spangled Banner’’ not be- precedent for a host of new constitu- a triangle and kept in a special place . . . My cause the law compels it, but out of re- tional amendments on a limitless vari- husband defended this flag during his life spect. These are ways of expressing our ety of subjects. The Constitution was . . . [b]urning the flag is . . . a slap in the thanks to those who have left us such designed to endure throughout the face of every widow who has a flag just like a rich heritage. It is that respect that ages, and for that reason it should not mine. comes voluntarily, that comes from a be amended to accommodate the myr- Requiring certain individuals to re- sense of our history and our debt to iad of issues of the day. My support of frain from defacing or burning the flag, prior generations that inspires us to a constitutional amendment to protect I believe, is a small price to pay on be- salute, not the command of law or out- the flag reflects the gravity of my be- half of the millions of Americans for side imposition of any legal require- lief in the purpose. whom the flag has deep personal sig- ment.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18340 CONGRESSIONAL RECORD — SENATE December 11, 1995 I believe that we are being asked to whether to amend our Constitution. In no compelling reason for limiting the take steps down a road that leads to a many settings, this would be a strong Bill of Rights. weakening of the Bill of Rights and our argument. But here, we are confronted I am proud that earlier this year the fundamental guarantees of freedom. No with a proposed amendment to the Bill Vermont Legislature chose the first right is more precious than that of of Rights, and to that part of the first amendment over the temptation to freedom, and no freedom is more im- amendment intended to protect the mi- take popular action. The Vermont portant than the first amendment’s nority from an orthodoxy of the major- House passed a resolution urging re- guarantee of freedom of speech. Even ity. spect for the flag and also recognizing though, for a good cause, this proposed We are this year commemorating the the value of protecting free speech constitutional amendment would re- 50th anniversary of the end of the Sec- ‘‘both benign and overtly offensive.’’ strict others’ free speech rights, it ond World War. While that profound Our Vermont attorney general has would set a dangerous precedent. conflict raged, in June, 1943, the Su- urged that we trust the Constitution I believe—and I have said it many preme Court decided West Virginia and not the passions of the times. times on the floor—that the first State Board of Education versus Vermont’s action this year is con- amendment is the most valuable bed- Barnette, a case that raised the ques- sistent with its strong tradition of rock in our Constitution and in our de- tion whether children attending public independence and commitment to the mocracy. The first amendment guaran- schools could be compelled to salute Bill of Rights. Indeed, Vermont’s own tees us the right to practice any reli- the flag and pledge allegiance. The Constitution is based on our commit- gion we want, or no religion if we want. Court held, over the vigorous dissent of ment to freedom and our belief that it It gives us the right of free speech. Justice Frankfurter, that the State is best protected by open debate. That right is unprecedented in any could not employ such compulsion to Vermont did not join the Union until other significant country on this achieve national unity, even in that the Bill of Rights was ratified and part Earth. It guarantees diversity of reli- time of world war. of the country’s fundamental charter. gion, diversity of belief, diversity of The Supreme Court’s opinion was Vermont sent Matthew Lyon to Con- speech, and if you have protected diver- written by Justice Robert Jackson, a gress and he cast the decisive vote of sity, you have a democracy. former Attorney General of the United Vermont for the election of Thomas I cannot believe that there is a Mem- States who later served as the chief Jefferson. He was the same House ber of this Senate—certainly not my- prosecutor at the Nurenberg trials. Let Member who was the target of a self—who was not offended, in 1989 and me quote from Justice Jackson’s opin- shameful prosecution under the Sedi- 1990, by the publicity-hungry flag burn- ion: tion Act in 1789 for comments made in ers. I am offended to see the American The very purpose of a Bill of Rights was to a private letter. Vermont served the flag burned or trampled overseas. I am withdraw certain subjects from the vicissi- Nation again in the dark days of offended when our President and Com- tudes of political controversy, to place them McCarthyism when Senator Ralph mander in Chief and his family are sub- beyond the reach of majorities and officials Flanders stood up for democracy and in jected to mean-spirited and defamatory and to establish them as legal principles to opposition to the repressive tactics of characterizations, and when nationally be applied by the courts. One’s right to life, Joseph McCarthy. Vermont’s is a great syndicated radio personalities talk liberty, and property, to free speech, a free tradition that we cherish and that I in- press, freedom of worship and assembly, and about how to shoot to kill Federal law other fundamental rights may not be sub- tend to uphold. enforcement officers. mitted to vote; they depend on the outcome I have deep respect for the position of I am offended when anyone makes of no elections.... William Detweiler, the national com- such a suggestion. The case is made difficult not because the mander of the American Legion. When I am offended by militant extremists principles of its decision are obscure but be- he testified this year before the Judici- who called our Senate colleague from cause the flag involved is our own. ary Committee he shared with us his Pennsylvania a representative of ‘‘cor- Nevertheless, we apply the limitations of concern that we, as a country, ‘‘slide ruption and tyranny’’ when he chaired the Constitution with no fear that freedom down that slippery slope * * * every a hearing exposing their ideas. I am of- to be intellectually and spiritually diverse or even contrary will disintegrate the social or- time we deny our heritage.’’ But the fended by those who spew racial and ganization. To believe that patriotism will slippery slope that most concerns me is ethnic hatred. I am offended that the not flourish if patriotic ceremonies are vol- the proposed restriction of the Bill of Supreme Court of the United States re- untary and spontaneous instead of a compul- Rights and the precedent such an quired Columbus, OH, to allow the Ku sory routine is to make an unflattering esti- amendment would establish. Klux Klan to erect in a public square mate of the appeal of our institutions to free Never in our history as a Nation have the KKK’s ‘‘symbol of white supremacy minds. We can have intellectual individ- we narrowed the Bill of Rights through and a tool for the intimidation and ualism and the rich cultural diversities that constitutional amendment. Our history harassment of racial minorities, Catho- we owe to exceptional minds only at the has been one of expanding individual price of occasional eccentricity and abnor- lics, Jews, Communists and other mal attitudes. Where they are so harmless to rights and protections. groups hated by the Klan.’’ There is others or to the State as those we deal with Some of our colleagues contend that certainly much that offends in our con- here, the price is not too great. But freedom because the flag is such a unique na- temporary society. to differ is not limited to things that do not tional symbol, this will be the only But we must resist the temptation to matter much. That would be a mere shadow time that we will be called upon to make an exception here to limit one of freedom. The test of its substance is the limit first amendment rights. Unfortu- form of obnoxious speech. The guts of right to differ as to things that touch the nately, no one can give that assurance the first amendment is its extraor- heart of the existing order. or make such a guarantee. Just this If there is any fixed star in our constitu- dinary protection of antigovernment, tional constellation, it is that no official, session, in the wake of the bombing in political speech. Nowhere else in the high or petty, can prescribe what shall be or- Oklahoma City, the Senate passed a world or through history has there thodox politics, nationalism, religion, or terrorism bill that includes new limits been such a profound commitment to other matters of opinion or force citizens to on associational rights and, in the heat allow unrestricted criticism of those in confess by word or act their faith therein. If of the moment, 84 Members of this power. The shouts of protest disturb, there are any circumstances which permit an body voted to censor the Internet and provoke, challenge, and offend. We exception, they do not now occur to us. criminalize private, constitutionally must tolerate them because they also If World War II itself was not a cir- protected speech that might be consid- demonstrate the strength of America. cumstance that permitted an exception ered indecent during consideration of Polls and resolutions of State legisla- to the first amendment to foster patri- the telecommunications bill. We can- tures are being cited as reasons to sup- otism and national unity, I do not be- not be so sure that without the bul- port this proposed constitutional lieve that the potential for disrespect- wark of the first amendment our rights amendment. I have thought hard about ful political protest of today’s Govern- will be protected. the argument that this is a populist ment policy provides the justification Barely 5 years ago a similar proposed amendment and that the States should required by article V of the Constitu- constitutional amendment was consid- be given the opportunity to decide tion for its amendment. There exists ered and rejected by this Senate after

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18341 the U.S. Supreme Court ruled that the Rose Wilder Lane in her magnificent book temporary representatives during our conviction in the Eichman case re- ‘‘The Discovery of Freedom,’’ said there are brief terms in office. We were given a sulted from an unconstitutional appli- two fundamental truths that men must know Bill of Rights that has served to pro- in order to be free. They must know that all tect our rights and speech for over 200 cation of the Flag Protection Act of men are brothers, and they must know that 1989. Little has changed. Indeed, in the all men are born free. Once men accept these years. We should provide no less to our intervening years, following the pro- two ideas, they will never accept bondage. children and grandchildren. tests sparked by Desert Storm, there The power of these ideas explains why it was My family and I fly the flag at our have been only a handful of flag burn- illegal to teach slaves to read. home. I display it in my office. No law ings. None was reported in 1993 and One can teach these ideas, even in a Com- tells me to do that. Love of my country three were reported in 1994, as the drive munist prison camp. Maoists believe that and its symbols tells me to. That love ideas are merely the product of material is far more compelling than any law. to amend the Constitution built mo- conditions; change those material condi- mentum. Mr. STEVENS. Mr. President, this tions, and one will change the ideas they resolution proposes a constitutional In 1990, 42 Senators stood up for the produce. They tried to ‘‘reeducate’’ us. If we Bill of Rights and voted against the could show them that we would not abandon amendment to empower Congress to constitutional amendment we are vot- our belief in fundamental principles, then we prohibit the physical desecration of the ing on again today. I urge my col- could prove the falseness of their doctrine. flag. I have come to commend my leagues to join with me to preserve the We could subvert them by teaching them friend from Utah, Senator HATCH, for Constitution and protect the very prin- about freedom through our example. We his leadership on this issue; and I am ciples of freedom that the flag symbol- could show them the power of ideas. pleased to join with him as a sponsor of I do not appreciate this power before I was the proposal. izes. Fundamental constitutional prin- a prisoner of war. I remember one interroga- ciples are too important for partisan On this subject, I do believe I speak tion where I was shown a photograph of some for a majority of Alaskans as I support politics or short-term expediency. Let Americans protesting the war by burning a us not allow this matter to devolve flag. ‘‘There,’’ the officer said. ‘‘People in this legislation. Mr. President, 90 per- cent of Alaskans who have contacted into the bumper sticker politics of your country protest against your cause. my office since this matter was pro- emotion that has so dominated this That proves that you are wrong.’’ ‘‘No.’’ I said, ‘‘That proves that I am right. posed are in favor of this amendment. Congress. In my country we are not afraid of freedom, Our support comes on a little dif- One of the best statements that I even if it means that people disagree with ferent basis, Mr. President, than others have ever seen in all the years that we us.’’ The officer was on his feet in an instant who stand on this floor. We live a long have been debating this issue is that by his face purple with rage. He smashed his fist way from this Capitol. We are actually James H. Warner, a former Marine onto the table and screamed at me to shut closer to Tokyo than to Washington, up. While he was ranting I was astonished to flyer who had been a prisoner of the DC. We are an independent bunch. Yet 1 see pain, compounded by fear, in his eyes. I North Vietnamese for 5 ⁄2 years. I ask we have some very deep-seated feelings that his full statement from July 1989 have never forgotten that look, nor have I forgotten the satisfaction. I felt at using his on this issue. Why are we for this bill? be printed in the RECORD and urge my tool, the picture of the burning flag, against It is because the flag is truly the sym- colleagues to consider it. him. bol of the Nation that we sought to There being no objection, the mate- Aneurin Bevan, former official of the Brit- join as a State not too long ago. rial was ordered to be printed in the ish Labor Party, was once asked by Nikita As a veteran, I have felt and seen our RECORD, as follows: Khrushchev how the British definition of de- flag’s importance overseas. Living [From the Washington Post, July 11, 1995] mocracy differed from the Soviet view, Bevan responded forcefully that if Khru- away from home, overseas, away from WHEN THEY BURNED THE FLAG BACK HOME— shchev really wanted to know the difference, our freedoms, those of us who served THOUGHTS OF A FORMER POW he should read the funeral oration of Peri- during the long period of World War II (By James H. Warner) cles. learned to respect our flag deeply. It In March of 1973, when we were released In that speech, recorded in the Second represents what our country stands for, from a prisoner of war camp in North Viet- Book of Thucydides’ ‘‘History of the qualities that no other nation can offer nam, we were flown to Clark Air Force base Peloponnesian War,’’ Pericles contrasted its citizens. We stand for freedom in in the Philippines. As I stepped out of the democratic Athens with totalitarian Sparta. this country, and that is what this flag aircraft I looked up and saw the flag. I Unlike the Spartans, he said the Athenians caught my breath, then, as tears filled my did not fear freedom. Rather they viewed reminds us all of. Our Nation’s anthem, eyes. I saluted it. I never loved my country freedom as the very source of their strength. ‘‘The Star Spangled Banner,’’ captures more than at that moment. Although I have As it was for Athens, so it is for America— the bond that Americans feel toward received the Silver Star Medal and two Pur- our freedom is not to be feared, for our free- our flag. ple Hearts, they were nothing compared with dom is our strength. The flag does, in fact, represent the gratitude I felt then for having been al- We don’t need to amend the Constitution America. The 13 stripes represent the lowed to serve the cause of freedom. in order to punish those who burn our flag. 13 States that brought about our Con- Because the mere sight of the flag meant They burn the flag because they hate Amer- stitution. There are 50 stars, one for so much to me when I saw it for the first ica and they are afraid of freedom. What bet- each State. I remember well the day time after 51⁄2 years, it hurts me to see other ter way to hurt them than with the subver- Americans willfully descreate it. But I have sive idea of freedom? Spread freedom. The that the 49th star was placed on that been in a Communist prison where I looked flag in Dallas was burned to protest the nom- flag. I was in Maryland assisting in into the pit of hell. I cannot compromise on ination of Ronald Reagan, and he told us how raising the first flag. And also in Alas- freedom. It hurts to see the flag burned, but to spread the idea of freedom when he said ka, once a territory, now becoming a I part company with those who want to pun- that we should turn America into ‘‘a city State, Rita Gravel, the wife of a former ish the flag burners. Let me explain myself. shining on a hill, a light to all nations.’’ Senator, climbed up a long ladder to Early in the imprisonment the Com- Don’t be afraid of freedom, it is the best pin the 49th star on a flag flying in our munists told us that we did not have to stay weapon we have. major city. Those of us who had there. If we would only admit we were wrong Mr. LEAHY. While a prisoner of war, worked in the statehood movement if we would only apologize, we could be re- he was shown a photo of Americans leased early. If we did not, we would be pun- will never forget that moment. It ished. A handful accepted, most did not. In protesting the Vietnam war by burning meant a great deal to us. our minds, early release under those condi- a flag. His reaction was that of a true In short, it is more than just a sym- tions would amount to a betrayal, of our American hero: He turned the use of bol. It is a question of belonging. Every comrades of our country and of our flag. the photo against his captors by pro- State is represented there on that flag, Because we would not say the words they claiming that the photo proved the and that has been our tradition since wanted us to say, they made our lives rightness of the cause of freedom. He the very beginning. As I said, partici- wretched. Most of us were tortured and some was proud that we in this great coun- pating in the statehood movement, of my comrades died. I was tortured for most try ‘‘are not afraid of freedom, even if which does not happen very often, is of the summer of 1969. I developed beriberi from malnutriton. I had long bouts of dys- it means that people disagree with us.’’ something that is deeply ingrained in entery. I was infested with intestinal Let us heed his words and ‘‘not be the soul. It was and remains meaning- parasites. I spent 13 months in solitary con- afraid of freedom.’’ ful to us to have our star on the flag. finement. Was our cause worth all of this? Mr. President, we are each custodi- I think, then, that desecration of the Yes, it was worth all this and more. ans of the Constitution as well as con- flag has meant a great deal to States.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18342 CONGRESSIONAL RECORD — SENATE December 11, 1995 I am not sure how many Members of If people did not like it, they could tional amendment, and then I under- the Senate know, it has probably been vote against it. They could filibuster stand my friend from Idaho is here, and said on the floor time and time again, it, where you have to get 60 votes in also my friend from Kentucky. but 48 of our States had laws on the the Senate. The President, if he does A few critics of the flag amendment books that punished flag desecration not like it, has a right to veto it, where believe that all physical impairments when the Supreme Court rejected such you have to get 67 votes in the Senate. of the integrity of the flag, such as by laws. It is not like people’s rights are being burning or mutilating, must be made The Supreme Court has indicated taken away because we pass a constitu- illegal or no such misuse of the flag that, absent an expression from the na- tional amendment. should be illegal. An exception is pro- tional legislature, State and Federal I wonder if my friend from Massachu- vided for disposal of a worn or soiled prohibitions on flag desecration are setts believes that the Supreme Court flag. This all or nothing approach flies subject to strict first amendment pro- has so far construed the first amend- in the face of nearly a century of legis- scriptions. I do believe we must act ment correctly by holding that it does lative protection of the flag. now to give our people the opportunity not protect obscenity and child pornog- A content neutral amendment would to reverse that position. raphy? forbid an American combat veteran I do not take too lightly, and I do not He was attempting to make the point from taking an American flag flown in think Alaskans take too lightly, the that this amendment is somehow an battle and having printed on it the concept of suggesting and supporting unprecedented infringement on the name of his unit and location of spe- amendments to our Constitution. That first amendment. With all due respect, cific battles, in honor of his unit, the is a powerful action to suggest, and a that is a joke. Last Friday, I listed 21 service his fellow soldiers, and the route that has not been taken too often instances where the Supreme Court memory of the lost. by the Congress. upheld laws which limit speech or con- Then Assistant Attorney General for Mr. President, we pledge allegiance duct which some have argued was pro- Legal Counsel William S. Barr testified to our flag and to the Nation it rep- tected by the first amendment. What before the Senate Judiciary committee resents. If anyone doubts, really, what we are considering here is not some- August 1, 1989, and brought a certain it means to a veteran to consider the thing new. American flag with him: flag, I think a person should take a trip Some of those cases involved actual Now let me give you an example to the Iwo Jima monument. Nothing, I speech, including obscenity and limita- of...the kind of result that we get under think, represents the Nation the way tions on Government speaking. Here, the [content-neutral approach]. This is the the flag does. Therefore, I am hopeful we are talking about offensive conduct, actual flag carried in San Juan Hill. It was that this amendment will be approved not speech. The Supreme Court, in one carried by the lead unit, the 13th Regiment by our States, and that it will restore of its off days—in fact two off days, U.S. Infantry, and they proudly emblazon their name right across the flag, as you see; the demand for everyone in this Nation when you consider both Johnson and 1,078 Americans died following this flag up to respect the symbol of our freedoms. Eichman—decided by a 5 to 4 margin, San Juan Hill. Mr. HATCH. Mr. President, I thank that this offensive conduct rises to the . . . Under [a content neutral approach], my colleague from Alaska for his ex- dignity of free expression. you can’t have regiments put their name on cellent statement and for the con- If my friend from Massachusetts the flag that’s defacement . . . (Testimony, tinuing great work that he does as a thinks it is terrible to interfere under Assistant Attorney General William P. Barr, Member of the Senate. I really appre- any circumstances with speech or con- August 1, 1989, at 68). ciate him personally and I appreciate duct which some might argue is some- I wish to empower Congress to pro- his support for this amendment. how protected by the first amendment, hibit the contemptuous or disrespectful I might mention that earlier in the what about laws prohibiting child por- physical treatment of the flag. I do not day my colleague and friend from Mas- nography? What about laws against ob- wish to compel Congress to penalize re- sachusetts said there just are not many scenity? spectful treatment of the flag. A con- flag-burning desecrations, and he cited Put aside whether my friend would stitutional amendment which would some statistics that I think are quite use the same legal test for determining force the American people to treat the wrong. what is obscenity or child pornography placing of the name of a military unit Based on information provided to me as the Supreme Court presently uses. on a flag as the equivalent of placing by the Congressional Research Service, He may not. But I think he would the words ‘‘Down with the Fascist Fed- the number of flags desecrated have admit that would not want his children eral Government’’ or racist remarks on been as follows—and keep in mind or grandchildren to be buffeted by child the flag is not what the popular move- these are ones that are reported, the pornography. ment for protecting the flag is all ones where we have had a fuss about. If, after 200-plus years of legal prece- about. I respectfully submit that such This does not begin to cover those dent to the contrary, the Supreme an approach ignores distinctions well desecrated that were not reported: Court were to decide, by a 5 to 4 vote, understood by tens of millions of In 1990, at least 20 flags in this coun- that obscenity is protected by the first Americans. try; in 1991, at least 10 flags; in 1992, at amendment, I wonder if some of the Moreover, never in the 204 years of least 7 flags; in 1993, at least 3 flags; in people who have argued against this the first amendment has the free 1994, at least 5 flags; for a total of 45 amendment, because they claim it in- speech clause been construed as totally flags between 1990 and 1994. In 1995, fringes upon the first amendment, ‘‘content neutral.’’ Prof. Richard there have been over 20 flags so far. would oppose an amendment author- Parker, of Harvard Law School, who Every one of these known flag-burn- izing the prohibition of the sale and believes in ‘‘robust and wide-open’’ ing cases have been covered by the distribution of obscenity or pornog- freedom of speech and that it ought to media, so millions of people have been raphy? be more robust than the Supreme affected by them. Millions of people And if my friend felt that the 5-to-4 Court currently allows in some re- have seen our national symbol dese- decision was wrong, would he view such spects, noted as much in his testimony: crated and held in contempt. an amendment as tampering with the . . . Everyone agrees that there must be Millions of people are beginning to Bill of rights, or just overturning a ‘‘procedural’’ parameters of free speech—in- wonder, why don’t we have any values mistaken judicial interpretation of it? volving, for example, places and times at in this country? Why don’t we stand up Would my friend be demanding on which certain modes of expression are per- for the things that are worthwhile? the floor of Congress that supporters of mitted. Practically everyone accepts some Why don’t we stand up for our national an antiobscenity amendment deter- explicitly ‘‘substantive’’ parameters of symbol? What is wrong with that? mine in advance whether this or that speech content as well. Indeed, despite talk What this amendment would do is hypothetical picture, photograph, or of ‘‘content-neutrality,’’ the following prin- ciple of constitutional law is very clear: Gov- allow the Congress of the United States writing would qualify as obscene under to pass legislation that would protect ernment sometimes may sanction you for the amendment? speaking because of the way the content of the flag. What is so wrong about that? I doubt it. I sincerely doubt it. what you say affects other people. It would allow us to do that. We could I want to say a few words about Sen- What is less clear is the shape of this prin- do whatever we wanted to. ator BIDEN’S content-neutral constitu- ciple. There are few bright lines to define it.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18343 The Supreme Court understands the prin- We have always prided ourselves on tional amendment is the only vehicle ciple to rule out speech that threatens to distinguishing our fundamental charter left for those who believe in protecting cause imminent tangible harm: face-to-face from a statutory code. This amend- the flag. fighting words, incitement to violation of ment is a textbook case of blurring I expect the opposition to argue that law, shouting ‘‘fire’’ in a crowded theater. protecting the flag from physical dese- And it does not stop there. It understands that 206-year-old distinction. the principle, also, to rule out speech that Mr. President, I notice the distin- cration somehow runs afoul of the first threatens certain intangible, even diffuse, guished Senator from Idaho is here. I amendment and the freedom of expres- harms. It has, for instance, described obscen- will be happy to yield the floor. sion, Mr. President. That is part of the ity as pollution of the moral ‘‘environment.’’ Mr. CRAIG. Mr. President, I thank debate that has been going on here now I think he makes some very impor- the chairman of the Judiciary Com- for a good many hours. I believe—and I tant points. But what about political mittee. think all Americans believe—that speech critical of the Government? Is The PRESIDING OFFICER. The Sen- nothing could be further from the there not there a bright line protecting ator from Idaho. truth. The flag amendment does not that, at least so long as no imminent Mr. CRAIG. Mr. Chairman, I thank prevent the expression of any ideas. As physical harm is threatened? The an- the chairman of the Judiciary Com- a matter of fact, there are far more di- swer is: No. The Court has made clear, mittee for yielding to me and let me rect ways of expressing one’s opinion for instance, that statements criti- thank him personally for the tremen- than engaging in an act—even the act cizing official conduct of a public offi- dous leadership he has shown in the of destroying or defiling a flag. cial may be sanctioned if they are area of protecting our flag and offering Another accusation the opposition known to be false and damage the rep- forth this unique constitutional will try to use is that this is a slippery utation of the official. There has been amendment. He has, without doubt, led slope to Government censorship. I say no outcry against this rule. It was set the way for us to finally bring this hogwash as straightforward and as best forth by the Warren Court—in an opin- critical issue to the floor. I can, Mr. President. We are trying to ion by Justice Brennan, the very opin- I think it is high time that we listen, protect the flag—and only the flag and ion that established freedom of speech that we listen to not only the debate only from physical desecration—be- as ‘robust and wide-open.’ [New York on the floor but, more important, we cause it is uniquely revered by Ameri- Times v. Sullivan, 376 U.S. 254 (1964)]. It listen to the American people on the cans. That uniqueness absolutely pre- has been reaffirmed ever since. Allow- issue of flag protection and this amend- vents this effort from being extended ing the Congress to prohibit contemp- ment. to anything else. It is a very specific tuous treatment of the American flag Some of my colleagues may remem- amendment. Mr. President, obscene speech that does not unravel the first amendment ber that more than a year ago, I came outrages a community is not protected or freedom of speech. to this Senate floor with memorials Incidentally, I might add that, in from 43 State legislatures—memorials by the Constitution. Fighting words order to be truly ‘‘content neutral,’’ an urging Congress to take action to pro- that outrage individuals and provoke amendment must have no exceptions, tect the American flag from physical violence are not protected by the Con- even for the disposal of a worn or soiled desecration. Those memorials were in- stitution. Both these standards are well known and widely accepted in this flag. Once such an exception is allowed, serted in the CONGRESSIONAL RECORD as in the Biden amendment, the veneer for all to read. country. Yet, when 80 percent of Amer- of content neutrality is stripped away. Now the number of those memorials icans say they are outraged by the The Texas versus Johnson majority has reached 49, and a 1995 Gallup Poll physical desecration of the flag and ask itself pointedly noted: found that almost 80 percent of the us to protect it, our opponents accuse them of advocating censorship and if we were to hold that a state may forbid American public supports a flag protec- flag burning wherever it is likely to endan- tion amendment. interfering with the freedom of speech. I say to the American people, do not ger the flag’s symbolic role, but allow it This is a truly historic outpouring of believe them. This amendment is nar- whenever burning a flag promotes that role— popular support. And we have an oppor- rowly tailored to allow protection only as where, for example, a person ceremo- tunity to respond to the American peo- niously burns a dirty flag—we would be say- of the flag and only from physical dese- ple by passing a very simple amend- ing that when it comes to impairing the cration. It will not force anyone to sa- ment and sending it to the States for flag’s physical integrity, the flag itself may lute the flag. It will not mandate par- ratification: It authorizes Congress and be used as a symbol . . . only in one direc- ticipation in the Pledge of Allegiance. tion . . .’’ [491 U.S. at 416–417]. the States to prohibit physical desecra- It will not stop individuals from telling Of course, if Congress proposes and tion of the flag of the United States. the world exactly and in detail how Opponents of this amendment are the States ratify a constitutional they feel about the flag, even if they amendment with such an exception, doing their best to find bogeymen hid- despise it. This simply allows Congress the Supreme Court would have to up- ing inside this proposal, or to tie it up and the States to prevent one act: the hold the exception. But the amendment in a mass of legal complications—but physical act of desecrating the flag. would not be content neutral. in fact, it is a very straightforward The concern has been raised that The suggestion that a worn or soiled issue to most Americans. physical desecration can be defined to flag is no longer a flag, in an effort to Old Glory holds a special place in our mean anything. That may be true in a escape the logical inconsistency of a hearts. No other emblem, token, or ar- vacuum. But it is most certainly not so-called content neutral amendment tifact of our Nation has been defended true in the marketplace of ideas, where which would permit an exception for to the death by legions of patriots. No all points of view have an opportunity disposal of such a flag, is unavailing. other has drawn multitudes from to be heard, and that is precisely where Obviously, a worn or soiled American abroad with the promise of freedom. No this definition is going to be written, flag is still a flag, recognizable as such, other unifies the diverse cultures that Mr. President. even if no longer fit for display. form the amalgam we call the United This amendment enables the Amer- BIDEN AMENDMENT—ODD FORM States. ican people to weigh in on this defini- Mr. President, I draw to my col- No other has inspired generations tion, whether they support or oppose leagues’ attention the text of the with the belief that life, liberty, and protecting the flag. There will not be amendment by my friend from Dela- the pursuit of happiness are the birth- any midnight, closed-door, secret ses- ware. I say with great respect to my right of every human being. It is be- sion to write this definition. It is going friend, and to my colleagues, you will cause the flag holds the unique place in to be fully and openly discussed in search the Constitution in vain for the hearts of Americans that they have every State in the Union. anything that looks like this. Even if I demanded ultimate protection for it. Mr. President, Congress has acted agreed with its substance, not in 206 Congress has already tried furnishing once before to protect the flag. By the years have we had a statute written that protection by statute, and, as we narrowest of margins, the Supreme right in to the text of the Constitution know, the Supreme Court shut the door Court stopped that effort from suc- itself with Congress given no more on that particular strategy—firmly and ceeding. However, the Supreme Court’s than a right to vote on it up or down. for all time, in my opinion. A constitu- decision did not change the value at

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18344 CONGRESSIONAL RECORD — SENATE December 11, 1995 stake, it did not change the need for (1) the flag of the United States is a unique 700. Incitement; damage or destruction of this protection, and, most important, symbol of national unity and represents the property involving the flag of it did not change the heart and the values of liberty, justice, and equality that the United States.’’. minds of the American people. make this Nation an example of freedom un- matched throughout the world; Mr. MCCONNELL. Mr. President, I Against all odds, against all expecta- (2) the Bill of Rights is a guarantee of assume that I have to do nothing fur- tions, support for this effort continues those freedoms and should not be amended in ther in order to have this amendment to grow, not to diminish. At a time a manner that could be interpreted to re- in the nature of a substitute be pending when some are wringing their hands strict freedom, a course that is regularly re- in the morning for a vote. about the erosion of values in America, sorted to by authoritarian governments which fear freedom and not by free and The PRESIDING OFFICER. The Sen- we have a grassroots movement de- ator is correct. manding the opportunity to protect democratic nations; (3) abuse of the flag of the United States the symbol of our country’s aspirations Mr. DORGAN. Mr. President, I am causes more than pain and distress to the pleased to join my colleagues Senators and our country’s values. overwhelming majority of the American peo- Are we so preoccupied with the prob- MCCONNELL and BENNETT in offering a ple and may amount to fighting words or a statutory proposal, rather than a con- lems of our Nation here in Washington direct threat to the physical and emotional that we cannot recognize the positive well-being of individuals at whom the threat stitutional amendment, to prohibit the signs when we see it, Mr. President? is targeted; and desecration of the American flag. Millions of our fellow citizens are tell- (4) destruction of the flag of the United For me and for most American citi- ing us that the sight or mention of our States can be intended to incite a violent re- zens, the flag of this Nation holds a sponse rather than make a political state- special place in our minds and hearts flag still has the power to awaken the ment and such conduct is outside the protec- American spirit of the American pa- tions afforded by the first amendment to the as the unique symbol of our Nation and triot. We should be cheering them on, United States Constitution. of the fundamental democratic free- not ignoring them or denying them ac- (b) PURPOSE.—It is the purpose of this Act doms for which it stands. It symbolizes cess to their Constitution. to provide the maximum protection against the extraordinary sacrifices that mil- In providing two methods for amend- the use of the flag of the United States to lions of Americans have made over the ing the Constitution, article V safe- promote violence while respecting the lib- past 200 years to preserve those free- guards the people’s right to correct erties that it symbolizes. doms. And freedom-loving Americans SEC. 3. PROTECTION OF THE FLAG OF THE what they believe is a wrong decision UNITED STATES AGAINST USE FOR throughout this great Nation are ap- by the Supreme Court or the Congress. PROMOTING VIOLENCE. palled when someone chooses to defile, The people have asked for this oppor- (a) IN GENERAL.—Section 700 of title 18, deface, or destroy our national symbol. tunity to make a correction in the case United States Code, is amended to read as Honorable men and women in this of the flag, and I urge my colleagues to follows: country and in this body may disagree listen to them, to send the American ’’§ 700. Incitement; damage or destruction of on the means to achieve the objective people an amendment allowing protec- property involving the flag of the United States we all share—the protection of the flag tion of the great flag of our country. of the United States. But we are united Mr. President, I yield the floor. ‘‘(a) ACTIONS PROMOTING VIOLENCE.—Any person who destroys or damages a flag of the in our love and respect for it. Pro- Mr. MCCONNELL addressed the United States with the primary purpose and tecting the flag from those who would Chair. intent to incite or produce imminent vio- destroy it is not in dispute. What is in The PRESIDING OFFICER. The Sen- lence or a breach of the peace, and in cir- dispute is how we best achieve the ob- ator from Kentucky is recognized. cumstances where the person knows it is rea- jective of protecting our national sym- Mr. MCCONNELL. Mr. President, par- sonably likely to produce imminent violence bol while preserving the principles and liamentary inquiry. We are operating or a breach of the peace, shall be fined not values for which it stands. under a unanimous-consent agreement, more than $100,000 or imprisoned not more are we not, that anticipates that I will than 1 year, or both. One of the most fundamental free- send to the desk an amendment in the ‘‘(b) DAMAGING A FLAG BELONGING TO THE doms guaranteed by the Constitution nature of a substitute which will be UNITED STATES.—Any person who steals or and symbolized by the flag is the right knowingly converts to his or her use, or to voted on in the morning, along with to express one’s views without fear of the use of another, a flag of the United retribution. It is enshrined in the first the constitutional amendment? States belonging to the United States and The PRESIDING OFFICER. The Sen- intentionally destroys or damages that flag amendment to the Constitution. It is ator from Kentucky is correct. shall be fined not more than $250,000 or im- part of the Bill of Rights. It is a right AMENDMENT NO. 3097 prisoned not more than 2 years, or both. we all cherish. It is a right we all want (Purpose: To provide a substitute) ‘‘(c) DAMAGING A FLAG OF ANOTHER ON FED- to preserve. Preserving this basic right ERAL LAND.—Any person who, within any Mr. MCCONNELL. Mr. President, I guaranteed by the Constitution is not lands reserved for the use of the United always easy. Often it poses a dilemma. therefore send that amendment to the States, or under the exclusive or concurrent desk on behalf of myself, Senator BEN- Such is the case with protecting the jurisdiction of the United States, steals or flag. But preserving the Constitution NETT, Senator DORGAN, and Senator knowingly converts to his or her use, or to BUMPERS. the use of another, a flag of the United should be the backdrop of this debate. The PRESIDING OFFICER. Without States belonging to another person, and in- Justice Holmes framed the issue this objection, the pending amendment will tentionally destroys or damages that flag way: be set aside. shall be fined not more than $250,000 or im- [I]f there is any principle of the Constitu- The clerk will report. prisoned not more than 2 years, or both. tion that more imperatively calls for attach- ‘‘(d) CONSTRUCTION.—Nothing in this sec- The bill clerk read as follows: ment than any other it is the principle of tion shall be construed to indicate an intent free thought—not free thought for those who The Senator from Kentucky (Mr. MCCON- on the part of Congress to deprive any State, agree with us but freedom for the thought NELL), for himself, Mr. BENNETT, Mr. DOR- territory or possession of the United States, that we hate. GAN, and Mr. BUMPERS, proposes an amend- or the Commonwealth of Puerto Rico of ju- ment numbered 3097. risdiction over any offense over which it His imperative is one we should all Mr. MCCONNELL. Mr. President, I would have jurisdiction in the absence of take to heart. ask unanimous consent that reading of this section. ‘‘(e) DEFINITION.—As used in this section, Unfortunately, the rhetoric of the the amendment be dispensed with. flag debate has been highly charged. The PRESIDING OFFICER. Without the term ‘flag of the United States’ means Accusations of disloyalty have been objection, it is so ordered. any flag of the United States, or any part thereof, made of any substance, in any size, hurled against those who oppose the The amendment is as follows: in a form that is commonly displayed as a proposed constitutional amendment Strike all after resolving clause and insert- flag and would be taken to be a flag by the ing the following: while those who support it are referred reasonable observer.’’. to as patriots. I hope we can lower the SECTION 1. SHORT TITLE. (b) CLERICAL AMENDMENT.—The table of This Act may be cited as the ‘‘Flag Protec- sections for chapter 33 of title 18, United rhetoric and instead focus on the sub- tion and Free Speech Act of 1995’’. States Code, is amended by striking the item stance of this issue. Let us begin the SEC. 2. FINDINGS AND PURPOSE. relating to section 700 and inserting the fol- debate by agreeing that honorable men (a) FINDINGS.—The Congress finds that— lowing new item: and women can disagree on this very

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18345 important issue. As the esteemed sen- kind of thing which can be could slow them that we would not abandon ior Senator from South Carolina, Sen- criminalized. our belief in fundamental principles, then we ator THURMOND, has stated: ‘‘The fact Many other experts also agree that could prove the falseness of their doctrine. We could subvert them by teaching them is, there are intelligent arguments on our legislative proposal would pass about freedom through our example. We both sides of the debate.’’ constitutional muster and protect the could show them the power of ideas. Mr. President, I have worked closely flag from those who would use it to I did not appreciate this power before I was with Senators MCCONNELL and BEN- promote violence or to infringe on an- a prisoner of war. I remember one interroga- NETT to develop a legislative solution other’s right to wave the flag. Those tion where I was shown a photograph of some to protect the flag that we believe will are important goals and ones which I Americans protesting the war by burning a pass constitutional muster. The Amer- believe are the crux of this issue. We flag. ‘‘There,’’ the officer said. ‘‘People in you country protest against your cause. ican Law Division of the Congressional can achieve these goals by passing a That proves that you are wrong.’’ Research Service has provided an anal- statutory remedy. We do not need to, ‘‘No, I said. ‘‘That proves that I am right. ysis of our proposal which makes us op- nor should we, amend the Constitution In my country we are not afraid of freedom, timistic that our approach will survive of the United States if a statutory al- even if it means that people disagree with any constitutional attack on first ternative can accomplish the same ob- us.’’ The officer was on his feet in an instant, amendment grounds. I ask unanimous jective. I ask unanimous consent that a his face purple with rage. He smashed his fist consent that the CRS analysis be print- very thoughtful column which ap- onto the table and screamed at me to shut up. While he was ranting I was astonished to ed in the RECORD at the conclusion of peared in the Washington Post and was see pain, compounded by fear, in his eyes. I my remarks. written by James H. Warner, a former have never forgotten that look nor have I The PRESIDING OFFICER. Without marine pilot and POW in Vietnam, be forgotten the satisfaction I felt at using his objection, it is so ordered. printed in the RECORD. tool, the picture of the burning flag, against (See exhibit 1.) There being no objection, the column him. Mr. DORGAN. Amending the Con- was ordered to be printed in the Aneurin Bevan, former official of the Brit- ish Labor Party, was once asked by Nikita stitution should never be taken lightly. RECORD, as follows: Khrushchev how the British definition of de- It is an approach that ought not be [From the Washington Post, July 11, 1989] pursued if there is an alternative which mocracy differed from the Soviet view. WHEN THEY BURNED THE FLAG BACK HOME Bevan responded, forcefully, that if Khru- can achieve the same objective. The (By James H. Warner) shchev really wanted to know the difference, amendment we are offering provides he should read the funeral oration of Peri- THOUGHTS OF A FORMER POW such an alternative, and I hope my col- cles. leagues will give it careful consider- In March of 1973, when we were released In that speech, recorded in the Second ation. from a prisoner of war camp in North Viet- Book of Thucydides ‘‘History of the Our amendment, which was intro- nam, we were flown to Clark Air Force base Peloponnesian War,’’ Pericles contrasted in the Philippines. As I stepped out of the democratic Athens with totalitarian Sparta. duced earlier this year as S. 1335, would aircraft I looked up and saw the flag. I punish criminal acts of incitement, Unlike the Spartans, he said, the Athenians caught my breath, then, as tears filled my did not fear freedom. Rather, they viewed damage, or destruction of property in- eyes, I saluted it. I never loved my country freedom as the very source of their strength. volving the flag of the United States. more than at that moment. Although I have As it was for Athens, so it is for America— The destruction of the flag can be in- received the Silver Star Medal and two Pur- our freedom is not to be feared, for our free- tended to incite a violent response ple Hearts, they were nothing compared with dom is our strength. rather than to make a political state- the gratitude I felt then for having been al- We don’t need to amend the Constitution ment. If that is the intent, that con- lowed to serve the cause of freedom. in order to punish those who burn our flag. Because the mere sight of the flag meant duct is outside the protections offered They burn the flag because they hate Amer- so much to me when I saw it for the first ica and they are afraid of freedom. What bet- by the first amendment, just like 1 time after 5 ⁄2 years, it hurts me to see other ter way to hurt them than with the subver- shouting fire in a crowded theater is Americans willfully desecrate it. But I have sive idea of freedom? Spread freedom. The outside its purview. Under our legisla- been in a Communist prison where I looked flag in Dallas was burned to protest the nom- tion, those who destroy or damage the into the pit of hell. I cannot compromise on ination of Ronald Reagan, and he told us how flag with the intent of inciting vio- freedom. It hurts to see the flag burned, but to spread the idea of freedom when he said lence or breaching the peace would be I part company with those who want to pun- that we should turn American into ‘‘a city fined or imprisoned or both. Our pro- ish the flag burners. Let me explain myself. shining on a hill, a light to all nations.’’ Early in the imprisonment the Com- posal would also punish those who Don’t be afraid of freedom, it is the best munists told us that we did not have to stay weapon we have. steal a flag belonging to the Federal there. If we would only admit we were Government and intentionally destroy Mr. DORGAN. Mr. Warner’s senti- wrong, if we would only apologize, we could ments express far better than I am able or damage it. be released early. If we did not, we would be Our purpose in offering this amend- punished. A handful accepted, most did not. why we should not amend the Constitu- ment is clear. We want to provide the In our minds, early release under those con- tion to safeguard the flag. I hope, maximum protection of our flag from ditions would amount to a betrayal, of our therefore, that my colleagues will join those who would defile it while pre- comrades, of our country and of our flag. our efforts to protect the flag from serving the constitutional liberties Because we would not say the words they desecration without amending the Bill wanted us to say, they made our lives of Rights. I believe that is the right ap- that it symbolizes. We believe our pro- wretched. Most of us were tortured, and posal strikes that important and deli- proach. The flag, which all of us love some of my comrades died. I was tortured for and respect, will then be protected, as cate balance. most of the summer of 1969. I developed beri- During a June 21, 1990 Senate Judici- beri from malnutrition. I had long bouts of will be the freedoms our flag has sym- ary Committee hearing on a constitu- dysentery. I was infested with intestinal bolized since the dawn of the Republic. tional amendment to prohibit flag parasites. I spent 13 months in solitary con- EXHIBIT 1 desecration, several constitutional finement. Was our cause worth all of this? CONGRESSIONAL RESEARCH SERVICE, scholars were asked to analyze a simi- Yes, it was worth all this and more. Washington, DC, November 8, 1995. Rose Wilder Lane in her magnificent book lar bill which had been introduced by To: Honorable Kent Conrad. ‘‘The Discovery of Freedom,’’ said there are From: American Law Division. Congressman Jim Cooper in the House two fundamental truths that men must know Subject: Analysis of S. 1335, the Flag Protec- of Representatives. The views of these in order to be free. They must know that all tion and Free Speech Act of 1995. experts is quite telling. men are brothers, and they must know that This memorandum is furnished in response One of them, Charles Fried, the all men are born free. Once men accept these to your request for an analysis of the con- Carter Professor of General Jurispru- two ideas, they will never accept bondage. stitutionality of S. 1335, the Flag Protection dence at Harvard University, said that The power of these ideas explains why it was and Free Speech Act of 1995. This bill would this approach was perfectly proper and illegal to teach slaves to read. amend 18 U.S.C. § 700 to criminalize the de- perfectly constitutional. He stated that One can teach these ideas, even in a Com- struction or damage of a United States flag munist prison camp. Marxists believe that under three circumstances. First, subsection if a person burns a flag in a situation ideas are merely the product of material (a) of the new § 700 would penalize such con- which presents an immediate incite- conditions; change those material condi- duct when the person engaging in it does so ment to violence, that is squarely tions, and one will change the ideas they with the primary purpose and intent to in- within Supreme Court doctrine as the produce. They tried to ‘‘re-educate’’ us. If we cite or produce imminent violence or a

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18346 CONGRESSIONAL RECORD — SENATE December 11, 1995 breach of the peace and in circumstances lence or breach of the peace. Further, noth- Mr. President, I have great faith that where the person knows it is reasonably like- ing in the subsection draws a distinction be- the American flag is strong enough to ly to produce imminent violence or a breach tween approved or disapproved expression withstand the foolish actions of a of the peace. that is communicated by the action com- handful of extremists. The Bill of Second, subsection (b) would punish any mitted with or on the flag. person who steals or knowingly converts to There is a question which should be noted Rights, however, is much more fragile. his or her use, or to the use of another, a concerning this subsection. There is no ex- If we pass a constitutional amendment United States flag belonging to the United press limitation of the application of the to prohibit this behavior—deplorable as States and who intentionally destroys or provision to acts on lands under Federal ju- it is—sooner or later the Government damages that flag. Third, subsection (c) pun- risdiction, neither is there any specific con- may prohibit other more legitimate ishes any person who, within any lands re- nection to flags or persons that have been in types of expression and protest. So to served for the use of the United States or interstate commerce. Therefore, application my mind, protecting our revered sym- under the exclusive or concurrent jurisdic- of this provision to actions which do not bol means ensuring that we do not in- tion of the United States, steals or know- have either of these, or some other Federal fringe upon the freedoms that it rep- ingly converts to his or her use, or to the use nexus, might well be found to be beyond the of another, a flag of the United States be- power of Congress under the decision of the resents. longing to another person and who inten- Court in United States v. Lopez.10 One of the most persuasive argu- tionally destroys or damages that flag. In conclusion, the judicial precedents es- ments against this amendment came The bill appears intended to offer protec- tablish that the bill, if enacted, while not re- from Keith Kruel of Fennimore, WI. A tion for the flag of the United States in cir- versing Johnson and Eichman, should survive former national commander of the cumstances under which statutory protec- constitutional attack on First Amendment American Legion, he wrote that ‘‘when tion may still be afforded after the decisions grounds. Subsections (b) and (c) are more se- the flag is not accorded proper consid- of the Supreme Court in United States v. curely grounded in constitutional law, but eration under the present flag code, it Eichman 1 and Texas v. Johnson.2 These cases subsection (a) is only a little less anchored upsets patriotic Americans. Rightly so. in decisional law. had established the principles that flag dese- [but] no one ever has, nor can, legislate cration or burning, in a political protest con- We hope this information is responsive to text, is expressive conduct if committed to your request. If we may be of further assist- a patriot.’’ I agree. ‘‘send a message,’’ that the Court would re- ance, please call. And do not take my word for it, ask view limits on this conduct with exacting JOHN R. LUCKEY, the editorial writers of Wisconsin. scrutiny; and legislation that proposed to pe- Legislative Attorney, American Law Division. Across my home State, from the Mil- nalize the conduct in order to silence the FOOTNOTES waukee Journal Sentinel to the Eau message or out of disagreement with the 1 496 U.S. 310 (1990). Claire Leader-Telegram to the Apple- message violates the First Amendment 2 491 U.S. 397 (1989). ton Post-Crescent to the LaCrosse speech clause. 3 See, 18 U.S. §§ 641, 661, and 1361. Tribune, these newspapers firmly be- Subsections (b) and (c) appear to present 4 Eichman, supra, 496 U.S., 316 n. 5; Johnson, supra, lieve that a flag desecration amend- no constitutional difficulties, based on judi- 412 n. 8; Spence v. Washington, 418 U.S. 405, 408–409 cial precedents, either facially or as applied. (1974). See also R.A.V. v. City of St. Paul, 112 S.Ct. ment is a bad idea. I ask that these edi- These subsections are restatements of other 2538 (1992) (cross burning on another’s property). torials be printed in the RECORD at the 5 general criminal prohibitions with specific 315 U.S. 568 (1942). conclusion of my statement. 6 Id., at 572. 3 In closing, Mr. President, we should focus on the flag. The Court has been plain 7 395 U.S. 444 (1969). that one may be prohibited from exercising 8 Id, at 447. This development is spelled out in all be clear on our opposition to flag expressive conduct or symbolic speech with Cohen v. California, 403 U.S. 15, 20, 22–23 (1971). See, burning. But we should also resist this or upon the converted property of others or also NAACP v. Claiborne Hardware Co., 458 U.S. 886, well-intentioned but unwise effort to by trespass upon the property of another.4 928 (1982); Hess v. Indiana, 414 U.S. 105 (1973). tinker with the Bill of Rights. The subsections are directed precisely to the 9 R.A.V. v. City of St. Paul, 505 U.S. 377 (1992). 10 The editorials follow: theft or conversion of a flag belonging to 115 S. Ct. 1624 (1995). [From the Milwaukee Journal Sentinel, June someone else, the government or a private Mr. MCCONNELL. Mr. President, I 12, 1995] party, and the destruction of or damage to suggest the absence of a quorum. that flag. The PRESIDING OFFICER. The FLAG AMENDMENT ILL-ADVISED Almost as evident from the Supreme clerk will call the roll. Probably nine-tenths of the knuckleheads Court’s precedents, subsection (a) is quite who get their jollies from burning the Amer- The bill clerk proceeded to call the ican flag or desecrating it in other ways have likely to pass constitutional muster. The roll. provision’s language is drawn from the no idea what freedoms that flag symbolizes. ‘‘fighting words’’ doctrine of Chaplinsky v. Mr. DOLE. Mr. President, I ask unan- Because these people are stupid as well as New Hampshire.5 In that case the Court de- imous consent that the order for the ungrateful, they never think about the pre- fined a variety of expression that was unpro- quorum call be rescinded. cious gift they have been given. tected by the First Amendment, among the The PRESIDING OFFICER. Without The irony is that the American flag stands categories being speech that inflicts injury objection, it is so ordered. for, along other things, the freedom to ex- press yourself in dumb and even insulting or tends to incite immediate violence.6 While (At the request of Mr. DASCHLE, the the Court over the years has modified the ways, like burning the flag. This is a freedom following statement was ordered to be literally not conferred on hundreds of mil- other categories listed in Chaplinsky, it has printed in the RECORD.) not departed from the holding that the lions of people. ∑ Mr. KOHL. Mr. President, we all A few years ago, several states passed laws ‘‘fighting words’’ exception continues to that made it illegal to desecrate the flag, but exist. It has, of course, laid down some gov- agree that flag burning is reprehen- in 1989 the Supreme Court ruled that such erning principles, which are reflected in the sible. After all, hundreds of thousands statutes violated the Bill of Rights. Congress subsection’s language. Thus, the Court has of Americans have given their lives to is now moving to amend the Constitution applied to ‘‘fighting words’’ the principle of protect the principles that our flag rep- itself, so that flag desecration laws can be Brandenburg v. Ohio,7 under which speech ad- resents, and burning the flag offends enacted. vocating unlawful action may be punished the memory of those who made that ul- That movement is as ill-considered as it is only if it is directed to inciting or producing timate sacrifice. Acting on this belief, understandable. The Constitution should be imminent lawless action and is likely to in- I voted for legislation to protect the amended only reluctantly and rarely, when a cite or produce such action.8 genuine threat to our nation emerges and A second principle, enunciated in an opin- flag. Unfortunately, however, our stat- when there is no other way to guard against ion demonstrating the continuing vitality of ute was struck down by the Supreme Court. it. the ‘‘fighting words’’ doctrine, is that it is That is why the founding fathers made it impermissible to punish only those ‘‘fighting Although we should protect the flag, so difficult to revise the Constitution, and words’’ of which government disapproves. we must also approach amendments to why, as a Justice Department spokesman Government may not distinguish between the Constitution with great caution. pointed out the other day, the Bill of Rights classes of ‘‘fighting words’’ on an ideological Throughout our 200-year history we has not been amended since it was ratified in 9 basis. have never amended the Bill of 1792. Subsection (a) reflects both these prin- The unpatriotic mischief of adolescent ciples. It requires not only that the conduct Rights—the guardian of the principles and freedoms that our flag represents. punks is infuriating. But it is not a serious be reasonably likely to produce imminent vi- enough act to warrant revision of the na- olence or breach of the peace, but that the During all this time—through a bloody tion’s charter. The Bill of Rights exists to person intend to bring about imminent vio- Civil War, two world wars, a Depres- protect people whose behavior, however re- sion, and urban riots—the first amend- pugnant, injures nothing but people’s feel- Footnotes at end of letter. ment has needed no repair. ings.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18347 The American flag protects even people [From the Appleton Post-Crescent, Oct. 28, way. They experienced the heavy hand of the who burn it; it prevails over both them and 1995] British Crown, and saw the right of protest their abuse. That is one of the reasons the FLAG-PROTECTION AMENDMENT NOT WHAT IT as a vital bulwark against injustice and tyr- flag and the nation it stands for are so SEEMS anny. It’s what sets America apart from na- tions that quash citizen protest—and espe- strong. (By William B. Ketter) cially flag-burning—nations such as China, Congress is about to put an asterisk on the North Korea, Vietnam, Iran, Iraq, Cuba. [From the Eau Claire Leader-Telegram, June First Amendment. In other words, any effort to limit liberty 18, 1995] I am talking about the constitutional is ultimately directed at you. The flag amendment to ‘‘protect’’ the American flag LET’S CONCENTRATE ON REAL PROBLEMS amendment—and the laws that would fol- from the kind of free expression that this low—probably would not prevent extremists There’s no winning for those who oppose a country was founded on. from doing violence to the flag. It is atten- constitutional amendment to outlaw dese- It is more commonly called the flag-dese- tion that the Gregory Lee Johnsons of this cration of the American flag. cration amendment, and it protects nothing, world crave, and getting arrested is part of You might as well be against Mother’s not the flag, not values and certainly not the act. Day. free speech. Furthermore, there aren’t a lot of lunk- But for several reasons we ought to let this It does represent a test of will that has heads like Gregory Lee Johnson. Only four idea die. Congress on the spot with The American Le- cases of flag burning were reported last year gion, Women’s Army Corps, Navy League in all of America. And those were pros- Sure, burning the American flag to protest and every other well-meaning veterans and ecuted, with the full authority of existing one thing or another is a stupid thing to do. fraternal organization. law and the First Amendment. And the few times we’ve seen someone burn The House in June overwhelmingly passed How can this be, given the Supreme the flag on television, we’ve never seen the the amendment. The Senate showdown could Court’s flag ruling? protester follow up by sweeping up the ashes come any day now. Sixty-seven Senate votes Simple. All those cases were prosecuted with a broom and dust pan, so it seems there are needed to send it to the states for ratifi- under other laws prohibiting theft, van- is grounds to nail the protester on a littering cation. The protect-the-flag partisans are dalism or inciting riots. charge anyway. flooding lawmakers with tens of thousands So to solve a problem that does not exist But even if they beat the littering rap, the of God-and-motherhood telegrams. (when was the last time you remember some- only thing such protesters prove is their ig- If it is approved, the essence of free polit- one burning a flag?), the proponents of this norance. Burning a flag doesn’t signify any- ical speech will drift from the first time amendment would chip away at the funda- thing positive or suggest alternatives to from the First Amendment mooring that mental freedoms guaranteed to all Ameri- make our nation stronger. It’s just an action gives every citizen a constitutional right to cans. that indicates you oppose our nation. So challenge, even cast aspersions on, the icons And in case that sounds like a self-inter- what? How do they propose to make it bet- of government. ested argument from a First Amendment ter? The federal government and the 50 states fundamentalist listen to U.S. Sen. Bob will have wide latitude in determining what Kerrey of Nebraska, a Vietnam veteran who But it’s quite a jump from not liking stu- lost a leg in the war. ‘‘The community’s re- desecrates the flag. Given the emotions over pidity to tinkering with the U.S. Constitu- vulsion at those who burn a flag’’ Kerrey this issue, flag-themed soda cans, bumper tion to make flag-burning illegal. The Con- said, ‘‘is all that we need. It has contained stickers, or the shirt on your back could be stitution has guided us well for more than the problem without the government getting targets of local harassment. Already, there’s 200 years, and to amend it in an effort to pro- involved.’’ hibit flag-burning—which by one estimate a town in Minnesota that wants to keep car Indeed, in their effort to protect the flag, occurs only about eight times a year—seems dealers from flying more than four U.S. flags the advocates of this amendment do far to be an overreaction. on their lots. greater damaged to the principles of liberty Yes, this is a Boston Tea Party type of But the most important reasons to stop for which that flag stands. We need not wrap issue even if we don’t think of it that way. this proposal are that there are far more im- ourselves in the flag to protect it. And yes, few institutions, the press included, portant things for Congress and the people to We do need, however, to standing up for seem terribly bothered by it all. worry about, and that it promotes a mind- the freedom that Old Glory represents and The principal reason for the apathy: The less nationalism that challenges citizens to urge the U.S. Senate to turn down the flag issue has been miscast as a patriotic cause to ‘‘prove’’ their patriotism by endorsing the amendment. safeguard the flag against the scruffy likes litmus test in the form of a constitutional of Gregory Lee Johnson, and never mind our amendment. [From the Wisconsin State Journal, June 14, revered right to free speech. 1995] Politicians without the guts or the brains It is easy to dislike Gregory Lee Johnson. FLAG BURNING AMENDMENT UNPATRIOTIC to solve what really ails this country know He’s the radical protester who doused the Today, Flag Day, is an occasion to cele- that they can fool many voters simply by American flag with kerosene, then put a brate liberty. And one of the best ways you using the flag as a political prop and making match to it in front of the Dallas City Hall can celebrate liberty is to write your con- flowery speeches about patriotism, love of during the 1984 Republican National Conven- gressman to urge a vote against the proposed country, etc. tion. constitutional amendment to ban flag burn- We should be more worried about where He was arrested and convicted and no one ing. the flag gets its strength. Instead of focusing cared. Except the U.S. Supreme Court, which It may seem unpatriotic to stand up for a on the flag itself, what about the federal def- ruled in 1989 that the flag-protection law right to burn the American flag. But the pro- icit (more than $200 billion a year) and the used to prosecute Johnson violated his con- posed amendment is not about whether it is national debt (nearing $5 trillion)? These are stitutional right to free expression. patriotic to burn a flag. It is about whether far greater threats to Old Glory than some ‘‘It was enough to make any American’s it is right to limit the liberties for which our clown with a cigarette lighter at a protest blood boil,’’ says William M. Detweiler, im- flag flies. A true patriot would answer no. rally. mediate past national commander of The Consider: It’s futile, even counter-produc- What a legacy to leave to our children: American Legion. ‘‘We cannot allow our tive, to try to require patriotism by law. ‘‘Hey, kids, we’ve mortgaged your future in proud flag—and our proud nation—to be In fact, it would inspire greater respect for the name of special interests and for our con- ripped apart, piece by piece. our nation to refrain from punishing flag venience, but we’ve protected the flag with Most Americans, myself among them, hate burners. As conservative legal scholar Clint an amendment. Pretty smart, huh?’’ what Johnston did to the flag. From the cra- Bolick of the Institute for Justice told a dle, we are taught to respect it as a symbol What’s at work here is a time-tested polit- House subcommittee, we can lock up flag of our unprecedented form of democracy. We ical practice. That is, if you can’t solve the burners and by doing so make them martyrs, grow up saluting it as school children, little real problems, throw up a diversion to get ‘‘or we can demonstrate, by tolerating their leaguers, girl scouts, soldiers, proud citizens. people thinking and talking about something expression, the true greatness of our repub- Beyond that, many of us have family mem- else. lic.’’ bers who died fighting for the exception free- Laws to protect the flag would be unwork- Paying for health care, environmental pro- dom the flag represents. We don’t want it able. tection, defense, education and all the rest spit at, trampled under foot, burned in pro- The proposal now before the House seeks a are complex issues that bore readers and test or in any way defaced. constitutional amendment to allow Congress viewers. So if the real goal is to be re-elected Yet it is because of that special freedom— and the states to pass laws banning physical to a job with a six-figure salary, what a bet- including the right to extreme political desecration of the flag. It would require ap- ter way than to focus on push-button issues views—that the Senate should reject the flag proval by two-thirds of the House and Senate like patriotism, the flag, etc. amendment. and three-fourths of the states. Burning the American flag won’t solve No nation has a more important history of It’s called the flag burning amendment be- anything, but neither will outlawing burning tolerating dissent, even conduct we have cause many of its supporters consider burn- of the flag while the nation it represents come to genuinely hate, than the United ing the flag to be the most egregious form of crumbles underneath it. States. The Founding Fathers wanted it that desecration.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18348 CONGRESSIONAL RECORD — SENATE December 11, 1995 But what counts as desecration of the flag? tected. But Heflin and like minded amend- Must the bald eagle be put under constitu- What if someone desecrated something made ment supporters are confusing cause and ef- tional protection if it is no longer an endan- up to look like a flag with some flaw, like fect. The flag is a symbol of our unity, not gered bird? the wrong number of stars or stripes? Does the source of it. This is a ‘‘feel good’’ campaign. People feel that count? What if a flag is used in art that Banning flag burning is simply the flip side they accomplish something good by pro- some people consider rude or unpatriotic? of the same coin that makes other shows of tecting the flag from burning. (Isn’t the ap- Does that count as desecration? patriotism compulsory. What are the names proved method of disposing of tattered flags The arguments could rage on and on, en- of the countries that makes shows of patriot- to burn them, by the way?) riching lawyers and diminishing the nation. ism compulsory? Try China, Iraq. The old But it offers about the same protection to A ban on flag burning would set a dan- Soviet Union. flags that the 18th offered to teetotaling. gerous precedent. Coerced respect for the flag isn’t respect at If someone has a political statement to The proposed amendment is a reaction to all, and an amendment protecting the Amer- make and feels strongly enough, he’ll do the 1989 and 1990 Supreme Court rulings that in- ican flag would actually denigrate that flag. burning and accept the consequences. The validated federal and state laws banning flag Allegiance that is voluntary is something consequences surely will not be draconian desecration. The court ruled that peaceful beyond price. But allegiance extracted by enough that flag burning would rank next flag desecration is symbolic speech, pro- statute—or, worse yet, but constitutional best thing to a capital offense. tected by the First Amendment freedom of flat—wouldn’t be worth the paper the Congress has more pressing thing to do speech clause. amendment was drafted on. It is the very than put time into this amendment.∑ Supporters of a ban on flag burning argue fact that the flag is voluntarily honored that Mr. DOLE. Mr. President, was lead- that burning a flag is not symbolic speech at makes it a great and powerful symbol. ers’ time reserved? all but hateful action. But if today’s cause is The possibility of the Balkanization of the The PRESIDING OFFICER. The Sen- to ban flag burning because it is hateful ac- American people into bickering special in- tion, tomorrow’s cause may be to ban the terest groups based on ethnicity or gender or ator is correct. display of the Confederate flag because many age or class frightens all of us, and it’s f people consider it to be hateful action. Or to tempting to try to impose some sort of arti- DEATH OF HARRY KAUFMAN ban the use of racial or sexist comments be- ficial unity. But can the flag unit us? No. We cause they amount to hateful actions. And can be united under the flag, but we can’t ex- Mr. DOLE. Mr. President, last on and on until we have given up our free- pect the flag to do the job of uniting us. month, two thugs squirted a bottle of doms because we are intolerant. We oppose flag burning—or any other show flammable liquid into a subway token The right to protest is central to democ- of disrespect for the American flag. There booth in Brooklyn’s Bedford- racy. are better ways to communicate dissent than Stuyvesant neighborhood. They then A democracy must protect the right to trashing a symbol Americans treasure. But protest against authority, or it is hardly a making respect for the flag compulsory lit a match, igniting an explosion that democracy. It is plainly undemocratic to would, in the long run, decrease real respect blew the token booth apart. take away from dissenters the freedom to for the flag. Engulfed in flames, the booth’s oper- protest against authority by peacefully The 104th Congress should put the flag ator, 50-year-old Harry Kaufman, suf- burning or otherwise desecrating a flag as burning issue behind it and move on to the fered second- and third-degree burns the symbol of that authority. nuts-and-bolts goal it was elected to pursue: over nearly 80 percent of his body as If the protesters turn violent or if they a smaller, less intrusive, fiscally responsible well as severe lung injuries. Mr. Kauf- steal a flag to burn, existing laws can be federal government. A constitutional amend- man was subsequently taken to the used to punish them. ment protecting the flag runs precisely Flag burners are not worth a constitu- counter to that goal. New York Hospital-Cornell Medical tional amendment. Center. The two men who committed A good rule of thumb about amending the [From the Oshkosh Northwestern, May 28, this vicious crime continue to remain U.S. Constitution is: Think twice, then think 1995] at large. twice again. Flag burning is not an issue BEWARE TRIVIALIZING OUR CONSTITUTION The Brooklyn attack closely resem- that merits changing the two-centuries-old It is difficult to come out against anything bled two scenes depicted in the new blueprint for our democracy. so sacrosanct as the American flag amend- move ‘‘The Money Train,’’ a Columbia This nation’s founding fathers understood ment—difficult but not impossible. Pictures production starring Woody the value of dissent and, moreover, the value An amendment to protect the flag from of the liberty to dissent. So should we. Harrelson and Wesley Snipes. Since the desecration is before Congress and has all movie’s November 22 debut, there have the lobbying in its favor. [From the La Crosse Tribune, June 7, 1995] been a total of seven separate copycat The trouble is, it is an attempt to solve, fire attacks on New York City subway EDITORIAL through the Constitutional amendment proc- The U.S. Supreme Court ruled in a Texas ess, a problem that really is not a problem. token booths. case in 1989 that flag burning is protected by Flag burning is not rampant. It occurs oc- Yesterday, after a 14-day fight for his the First Amendment as a form of speech. casionally; it brings, usually, society’s scorn life, Harry Kaufman passed away. The court’s decision didn’t go over very well upon the arsonist, and does no one any harm, I take this opportunity to publicly with friends of Old Glory then, and six years except the sensitivities of some. express my deepest condolences to later that ruling still sticks in the craw of These sensitivities give rise to the effort to Stella Kaufman, Harry Kaufman’s wife, many patriots—so much so that constitu- abridge the freedom of expression guaran- to their 17-year-old son Adrian, and to tional amendments protecting the flag teed by the First Amendment, which has the rest of the Kaufman family. against desecration have picked up 276 co- been held by the courts to include expres- sponsors in the U.S. House of Representa- sions of exasperation with government by f tives and 54 in the Senate. burning its banner. A NEW PARTNERSHIP The House Judiciary Committee takes up At worst, this flag protection is an opening the amendment today, with a floor vote ex- wedge in trimming away at the basic rights Mr. DOLE. Mr. President, when pected on June 28. The Senate Judiciary of all Americans to criticize its leaders. That Americans changed the party in con- Committee tackled a similar amendment on right was so highly esteemed by the Found- trol of Congress last November, they Tuesday. ing Fathers that they made free speech vir- also changed the relationship between For two centuries soldiers have given their tually absolute. Capitol Hill and our 50 State capitols. lives to keep the American flag flying. It is At best, the flag protection amendment The Washington, DC-knows-best atti- a symbol of freedom and hope for millions. trivializes the Constitution. tude that was the hallmark of the That is what infuses the stars and strips That is no small consideration. The Con- with meaning and inspires the vast majority stitution was trivialized once before. The Democrat Congress has been replaced of Americans to treat it with respect. But to prohibition amendment had no business by a return to the 10th amendment. Pa- take away the choice in the matter, to make being made a constitutional chapter. It was ternalism has been replaced by a new respect for the flag compulsory, diminishes not of constitutional stature. It could not partnership between Congress and the very freedom represented by the flag. have been done by statute alone. Its repeal America’s Governors. Do we follow a constitutional amendment showed that it was a transitory matter rath- One of the most talented of those banning flag desecration with an amendment er than being one of transcendent, eternal Governors is William Weld of Massa- requiring everyone to actually sing along concern. chusetts, who has provided innovative when the national anthem is played at sports The flag protection amendment is trivial events? An amendment making attendance in that flag burning is not always and every- solutions in the areas of health care re- at Memorial Day parades compulsory? where a problem. If the amendment suc- form and welfare reform—reducing Sen. Howell Heflin, D-Ala., argues that the ceeds, what else is out there to further government spending, and cutting flag unites us and therefore should be pro- trivialize the document? taxes while he was at it.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18349 Governor Weld is now helping to lead Mr. CHAFEE. Mr. President, I would concern about using representations of the fight in the Republican effort to re- like to join the majority leader in that the flag as emblems for clothing or ar- turn power to the States, and I wanted tribute to Julian Grayson. It was my ticles of clothing, sportswear and so to call my colleagues’ attention to an privilege to know him, as it was true of forth, just actions that would bring the outstanding column he wrote for to- all the rest of the Senators here, Demo- flag into contempt. day’s Wall Street Journal. crats and Republicans who have had Mr. CHAFEE. Would the Senator Entitled ‘‘Release Us From Federal the tremendous help of Julian Grayson, help me? Do we have a very serious Nonsense,’’ Governor Weld makes the no matter whether we were at our cau- problem here? What brings this statute point that President Clinton and his cus lunches or at the dining room to the floor, this need for a constitu- liberal allies simply do not understand downstairs. We are going to miss him. tional amendment? that State governments are better able He certainly served this Senate and ev- Mr. HATCH. We know, from the Con- than Washington, DC in providing solu- erybody in this Senate with great effi- gressional Research Service, of at least tions that work. ciency and respect and obvious enjoy- 45 flags that have been desecrated be- As Governor Weld wrote: ment. tween 1990 and 1994, and in this year All across the country, creative Governors f alone there have been over 20 addi- are aggressively dealing with problems tional desecrations. Washington is just beginning to wake up to. FLAG DESECRATION Now, those numbers represent only So if the question is whether State govern- CONSTITUTIONAL AMENDMENT part of the problem. Because, as the ments are responsible enough to dispense The Senate continued with the con- Senator from Rhode Island knows, mil- welfare and Medicaid funds in our own way— sideration of the joint resolution. we’re more than ready. lions of people see reports on television Mr. CHAFEE. Mr. President, the un- and in other news media of every flag I know I speak for the Republican derlying matter before us is a proposed that is burned or desecrated. So each majority here on Capitol Hill in saying constitutional amendment. I see the flag burning or desecration affects mil- to Governor Weld that we are more principal sponsor of that amendment lions and millions of people across this than ready to continue our mission of on the floor, the senior Senator from country. returning power to the States and to Utah, and I have some questions I Mr. CHAFEE. In 1993, as I see it, from the people. would like to ask the Senator, if he the Senator’s own statistics, there I congratulate Governor Weld on an would be good enough to respond to were three examples of a burning of the outstanding article, and I look forward them. flag. to working with him in the future— My first question is, as I understand Mr. HATCH. There may have been whether that be in Boston or in Wash- the amendment that he has now finally many more, but three that the Con- ington, DC. come up with after some changes, but I gressional Research Service knows f understand the amendment presently about. Millions of people, we believe, TRIBUTE TO JULIAN GRAYSON before us provides that a Federal stat- were informed of those three flags that Mr. DOLE. Mr. President, one of the ute can pass forbidding the desecration were burned, and millions of people true pleasures of serving as a U.S. Sen- of the flag. Am I correct in that, I were offended by it. ator is the opportunity to cross paths would like to ask the Senator from Mr. CHAFEE. Now, this burning of with the dedicated public servants em- Utah? the flag, I assume that that is looked ployed by the Senate. Mr. HATCH. If the Senator would on as a very troublesome procedure. No doubt about it, one of the most please state that again. I am sorry. Mr. HATCH. Only where the flag is dedicated I have known during my Mr. CHAFEE. It is my understanding brought into contempt, where people years in the Senate is Julian Grayson. that the amendment that the Senator deliberately, or contemptuously treat Grayson, as everyone called him, re- presently has—there have been some it in a destructive manner. tired last Friday after serving the Sen- changes in it, as I understand—but the Mr. CHAFEE. Now, let me—— ate in four different decades. amendment that he hopes for us to Mr. HATCH. Excuse me. We certainly From 1950 to 1964, Grayson moon- vote on tomorrow will be one that will would make exceptions for soiled or lighted from his job as a Methodist permit the enactment of a statute for- damaged flags that do need to be de- minister by waiting tables here in the bidding the desecration of the flag? Is stroyed. Capitol. In 1964, Grayson left the Cap- that correct? Mr. CHAFEE. Let me take a look at itol to work full time in the pulpit. Mr. HATCH. That is correct. All the the Boy Scout handbook here. But when he retired from the min- amendment will say, should it be en- Mr. HATCH. Sure. istry in 1983, he returned to the Hill, acted tomorrow, is: ‘‘The Congress Mr. CHAFEE. In the Boy Scout hand- and he remained here until last Friday. shall have power to prohibit the phys- book, of which there has been 35 mil- On this last day of service, Grayson ical desecration of the flag of the lion, it says regarding the flag: ‘‘If it is spoke with pride about waiting on United States,’’ which would leave it torn or worn beyond repair, destroy it seven Presidents of the United States, up to Congress to enact a statute later, in a dignified way, preferably by burn- and he said that the Senate was ‘‘al- if Congress so chooses to do. ing.’’ We have a pretty serious problem most a second home to me.’’ Mr. CHAFEE. I wonder if the Senator here, I suspect, if these Boy Scouts are The high regard in which Grayson is would be good enough to help me. What burning the flag. What would we do? held by all Senators could be seen when would be an example of desecration of Would we send them to jail? our entire Republican caucus gave him the flag? Mr. HATCH. First of all, I think my a standing ovation at our policy lunch Mr. HATCH. Whatever Congress calls good friend listened to me earlier, several weeks ago. it. Whatever Congress would decide to when I talked about actions that bring There are countless others who would do. I suspect that Congress would pass the flag into contempt, contemptuous have joined in that standing ovation a fairly narrow statute. conduct with regard to the flag. Of had they been there, including a num- Mr. CHAFEE. Such as burning the course, I think any statute in this area ber of Senate food service employees flag? would make it very clear that the re- who have returned to college classes Mr. HATCH. I presume that Congress spectful disposal of a soiled or worn out because of Grayson’s urging and en- would delineate very carefully what flag, including by burning, would cer- couragement. type of burning of the flag would be tainly be acceptable. Mr. President, I know I speak for all prohibited under the statute. I suspect Mr. CHAFEE. Let us take the situa- Senators in extending our thanks to Congress would also try to narrowly tion, we have got two flag burnings Julian Grayson, and in wishing him a define what really brings contempt taking place outside of a convention happy and healthy retirement. upon the American flag. But, in any hall. One we have a bearded, untidy I yield the floor. event, Congress will be able to make protester that is burning a flag. The Mr. CHAFEE addressed the Chair. that determination. other we have a Boy Scout in uniform, The PRESIDING OFFICER. The Sen- I suspect it would be very narrow. I and he is burning the flag, shall we say, ator from Rhode Island. suspect that there would not be any in accordance with the handbook. He is

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18350 CONGRESSIONAL RECORD — SENATE December 11, 1995 burning the flag in a dignified fashion. Now, if the distinguished Senator them. But if they do it in a dignified What happens? Could you help me out? from Rhode Island is concerned about way, it is all right. Mr. HATCH. First of all, I do not it, then he has 534 other people who he What is going to happen, as clear as think you would find a Boy Scout can work with to insure that whatever we are here today, is you pass this stat- burning a flag outside a convention flag protection statute is adopted is ute and how is somebody going to get hall, even in a dignified fashion. not too broadly written, so that it re- attention? They are going to burn the Mr. CHAFEE. Suppose he chose to? sults in action being taken against peo- flag with hopes that the police will He is a good Boy Scout. He is going for ple who really are not trying to deface come along and they will be dragged a Star badge. So he is burning it in a or otherwise treat the flag with con- away in chains with handcuffs, with dignified fashion. tempt. television all over the place. Mr. HATCH. Let us say we have a Frankly, I have total confidence in Mr. President, this is serious busi- flag that is soiled or otherwise ready the Congress of the United States com- ness what the Senator from Utah is for destruction being burned in a dig- ing up with a very narrowly prescribed, doing. What he is doing is adding an nified fashion. very narrowly defined statute on what amendment to the Constitution that Mr. CHAFEE. Let us assume the exactly is holding the flag in contempt, has served us for 206 years, and in the bearded protester—— what exactly is desecration of the flag. course of those 206 years, there have Mr. HEFLIN. Let me—— We all know what it is. It is a little bit been 26 amendments. And, indeed, only Mr. CHAFEE. No, your chance will like obscenity. One of the Justices 24 of them are still there because one come. said, ‘‘I know what it is when I see it.’’ passed and was subsequently repealed Mr. HATCH. I doubt any young per- I think the Court will have to make by another amendment, the so-called son or Boy Scout would be doing that. that determination. prohibition amendment. The 18th But if they could show that was the I suspect we in Congress will do a amendment was subsequently repealed. case, that they were respectfully dis- good job. If the distinguished Senator What are those amendments about? posing of a worn or soiled flag by burn- sits in Congress at that time, and he Are they about how to sing the Star ing it, I do not think anybody is going does not like what statute is advanced Spangled Banner, or about burning to find any fault. Where that was the by Members of Congress, he has 534 flags? The amendments are about the case, the law would not make a distinc- people to which to appeal. greatest things our country stands for. tion between the Boy Scout and some- Let me make one last point. When They are about freedoms—the freedom one who has a beard or was disheveled Congress considers a flag protection to speak and the freedom to publish in appearance. But I would have a dif- statute under this amendment, assum- and the freedom to worship and the ficult time imagining any cir- ing it is adopted, you will still have all freedom from unlawful search and sei- cumstance in which the public burning of the legal and procedural protections zure and the freedom from slavery and of a flag would not be held contemp- of the Senate, including the right to the right to vote—rights and freedoms. tuous, unless it was literally a Boy filibuster, which would require 60 votes They are not about prohibitions. They Scout procedure whereby they are for cloture. In addition, we will always are about rights. The right to vote, the burning a soiled or otherwise worn have the President, who can veto any right for women to vote, the right for flag. legislation we pass. But remember, and those 18 years and older to vote. They Mr. CHAFEE. Now, we have a further this is the key point, without this are what this country is all about. problem. Up in my State, the good la- amendment, or something similar In my State, when we built the State dies of 100 years ago did a magnificent thereto, neither the Congress nor the House at the turn of the century, those hooked rug. It is on display. And it has American people will ever—will ever— who built it inscribed around the ro- a flag on it, American flag. That was be able to prohibit desecration of the tunda the following words in Latin. made as a rug to walk on. Now, if the American flag. So that is why this The translation is: ‘‘Rare felicity of the good ladies of Providence, RI, should amendment is so important, and I times when it is permitted to think as do a hooked rug now and put it down think people understand that. you like and to say what you think.’’ and we walked on it, what would we Mr. CHAFEE. Mr. President, to label That all comes from the Constitution do? Would they go to jail? this amendment as important is one of of the United States. Mr. HATCH. Well, I would certainly the great overstatements I have heard Here we are trivializing the Constitu- believe that the distinguished Senator around this place. tion. We are adding words about dese- from Rhode Island, like myself, would Mr. HATCH. I do not think so. cration of the flag, as though that is a have a little more respect for the abil- Mr. CHAFEE. And overstatements real problem in this country, in which ity of Congress to do a good job of de- are not rare in this Chamber, I might 45 incidents have occurred over the fining what constitutes desecration of say. Here we are mustering the full past 6 years. the flag. I have no doubt that Congress power of the Federal Government to go I just think it is a tragedy that we would not do penalize conduct where it after something that has occurred 45 are spending time taking this great is clear that the flag is not being treat- times in 6 years and, indeed, in 1 year document, which is revered all over the ed with contempt, such as the display there were three occasions. world, not just in the United States, of hooked rug which may include a de- Mr. HATCH. If I can comment—— and trivializing by doing something piction of a flag. What would con- Mr. CHAFEE. I will give you your op- about what is going to happen to the stitute contempt for or desecration of portunity. flag. the flag would be determined by what- Mr. HATCH. For a correction. The second point is the one I have ever statute Congress passes, in the Mr. CHAFEE. When the time comes. made about not only is this not a great event this amendment is ratified and Let me finish my statement. problem, but the Senator from Utah becomes part of our constitution. What the Senator from Utah is pro- has dealt with this subject for 6 years. But let us be honest about this sub- posing is to cover a situation which has The last vote we had on it was 5 years ject. We have all seen beautiful sweat- rarely occurred in our country. He ago in 1990, and it has not come up ers, we have seen beautiful ties, we himself has said 45 instances of media since. But the Senator has been work- have even seen sports equipment con- coverage, and the truth of the matter ing on it, seeking passage, dealing with taining representations of the flag. I is, the only time anybody burns a flag it, and now, 24 hours before we vote, he cannot imagine anybody in Congress is when there is media coverage, except has changed it. prohibiting that. I think Congress for these Boy Scouts, and he has as- I would like to ask the Senator from would only be concerned with those in- sured me he is not going to send them Utah, what prompts him, when he has stances where the flag is physically all to jail if they follow the precepts of been so deeply concerned with this treated with contempt. Of course, we the handbook where it says burn the matter, that suddenly he comes in at all know what that is, and that, in flag, if you do it, it is perfectly all the last moment and changes it? I ask turn, would be determined by the right, according to the handbook. if there have been hearings in his com- courts of law in accordance with the I do not know what the law of the mittee on the language as he is now statute we enact. Senator from Utah is going to do to presenting it.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18351 Mr. HATCH. The answer to the dis- part of the hearings—is because before DEAR MR. CHAFEE: I am a Boy Scout of tinguished Senator is that because the Johnson case was decided, we had troop 1 East Greenwich, and I am a member there has been criticism by some of our 48 States plus the Federal Government of the civil air patrol. I am writing to say colleagues that under the amendment, with flag protection statutes. Frankly, that I am against amending the Constitution to prohibit burning the flag as a protest. I as originally worded, we could have 50 this was not something that was ig- think this because, in this country, you have different State statutes, we decided it nored or not considered. So, no, there the right to protest peacefully. Burning the is appropriate for Congress to be able is nothing new here. We hope this flag may be offensive. But if everything of- to make that final determination with change will bring more people on fensive were to be outlawed, then this coun- respect to protection of what is our na- board, thereby enabling us to pass this try would not be as free as it is today. Thank tional symbol. We therefore agreed to amendment. Congress will then have you for your consideration. remove the language which would the power to pass a flag protection Sincerely, given the State power to enact flag statute, which will hopefully put a stop STEWART FIELDS. protection statutes, and limit this to desecration of the flag, which I hap- I would like to read another state- power to the Congress. pen to think is a very, very important ment, by James Warner, a decorated But I think the Senator from Rhode thing. I am not alone. The vast major- marine who was held by the North Vi- Island is neglecting a key fact. The ity of Senators believe in this. They etnamese as a prisoner of war for 51⁄2 amendment itself does not forbid any- should not be denigrated, just as we do years. He wrote about his experiences thing. It merely allows Congress to not denigrate those who disagree. We and about the extraordinary power of enact a flag protection statute. In en- think you are patriotic, intelligent the idea of freedom. This is what he acting any such statute, the Senate Members of the Senate, that you be- said: would, of course, take into account the lieve in the value of the Constitution, I did not appreciate this power before I was concerns of Senator CHAFEE and others. in your own sense, and that you are a prisoner of war. I remember one interroga- If my colleague does not believe that fighting against this for good prin- tion where I was shown a photograph of some Americans protesting the war by burning a Congress can write a reasonable flag ciples. flag. ‘‘There,’’ the officer said, ‘‘people in protection law, why should the Amer- Well, we are fighting for it based on your country protest against your cause; ican people trust us to do anything? our own strongly held principles. This that proves that you are wrong.’’ ‘‘No,’’ I So, I think this issue has been con- is not a political or partisan issue, as said, ‘‘that proves I am right. In my country, sidered. I think we all understand it. I some have suggested. Some of us feel we are not afraid of freedom, even if it means think we all know what we are doing very deeply that the flag needs to be that people disagree with us.’’ here. There is just one simple change protected by a great Nation, and I am The officer was on his feet in an instant, in the amendment, and I think it is an one of them. his face purple with rage. He smashed his Mr. CHAFEE. Mr. President, I do find foot onto the table and screamed at me to appropriate change. I agreed to make ‘‘shut up.’’ While he was ranting, I was as- that change, even though there are it interesting that at this time, par- tonished to see pain, compounded by fear, in many who would prefer not to do so. So ticularly in this Senate, where the idea his eyes. I have not forgotten that look nor instead of both the Congress and the of States rights is in such complete the satisfaction that I felt at using his tool, States having the constitutional au- sway and we must give the States con- the picture of the burning of the flag, thority to enact flag protection laws, trol over Medicaid, the welfare, and against him. under the revised amendment, only whatever it might be, suddenly there is Mr. President, for those various rea- Congress would be able to do so. a reverse of course here in connection sons, trivializing of the Constitution, In a very real sense, that is appro- with this amendment, the amendment taking this document that provides the priate because we represent the whole having been presented, in which it was great freedoms that we all live by and country. We would have a uniform flag either the Federal Government or the putting in a provision about burning protection statute. It makes sense, and 50 States, has now, in the last 24 hours the flag—that is not the way we deal I would think the distinguished Sen- before the vote arises, been changed to with the Constitution of the United ator from Rhode Island would be the eliminate the States having the power States. What is next—that you have to first to admit that. to prohibit the physical desecration of stand at attention when they sing the Mr. CHAFEE. I wonder if the Senator the flag. Star Spangled Banner? will be good enough to respond to the Mr. President, it seems to me that we Mr. President, we have plenty of specific question. have a lot of things we ought to be work to do around this body, and there Mr. HATCH. Sure. doing around this place. What are some are matters that ought to take our Mr. CHAFEE. Has there been a hear- of them? Well, I think we all recognize time, and we should not be spending it ing on the amendment as the Senator our education system in the United like this. We are dealing with a subject is now presenting it to this body? States needs some attention. I think that is hardly an epidemic in the Mr. HATCH. I think so. we are all concerned about the recent United States—45 instances in 6 years. Mr. CHAFEE. Or was it a hearing on peace agreement in Bosnia, whether we Yet, we go to all this trouble to enact the language previous to his changing should commit our troops or whether a constitutional amendment for it. it here? we should not commit our troops. We Mr. President, you cannot mandate Mr. HATCH. I think the hearing was are all worried about the budget, how respect or pride in the flag. I think it on the all-embracing subject of wheth- to balance it, what to do, what pro- is far better to act from motives of love er or not we should protect our flag, grams to increase, what programs to and respect than out of obedience. So I and the issue of States’ rights came up reduce. This is a matter of major con- urge my colleagues to reject the during that hearing. It has been part of cern to Americans. I believe our health amendment put forth by the Senator the discussion. There is nothing new care system is deserving of all the at- from Utah. here. tention we can give to it. Each of these Mr. HATCH addressed the Chair. Frankly, I do not think you need a measures—and there are others we can The PRESIDING OFFICER. The Sen- hearing to determine whether you think of—are deserving of the hard ator from Utah is recognized. should have 50 States do it or have the work and attention of this body. Mr. HATCH. Mr. President, first of Congress. I think we are totally capa- Now, is flag burning an offensive act? all, it is not 45 in 6 years; it is 65 in 5 ble right here in the Senate of the Of course, it is; we all recognize that. years. I might add that that is just the United States to make that determina- And rightfully Americans are upset by Congressional Research Service’s fig- tion, and I believe that there are those it. But it seems to me that if we value ure. That does not include numerous who feel much more confident that this the freedoms that define us as Ameri- other incidents of flag desecration that amendment is the way to go than there cans, we will refrain from taking an ac- may have occurred, and it does not ac- were those who supported having 50 tion like this to amend our Constitu- count for the millions of people who States each with the power to enact a tion. have seen our flag desecrated. statute. I just want to read two letters, one Some say there is no need for this Keep in mind, the reason we did it from a Boy Scout in Rhode Island, who amendment, that it is not constitu- that way to begin with—and it was wrote me on this subject: tional. Those who say that have not

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18352 CONGRESSIONAL RECORD — SENATE December 11, 1995 read the Constitution very carefully, bearded protester burning a flag to vens. In the past, some of the most lib- particularly article V. Amending the start a riot and the Boy Scout who eral Justices on the Court, including Constitution is the mechanism pro- ceremoniously burns a flag to dispose Chief Justice Warren, Abe Fortas, vided by the Founding Fathers to en- of it, as Boy Scouts are taught to do Hugo Black, a first amendment abso- able us, among other things, to correct when flags are soiled or otherwise ru- lutist, and Justice Stevens, just to wrongful decisions by the Supreme ined. mention four, have all stated we have a Court. That is why we have article V in Without this amendment they are right to protect the flag. there, to be able to amend the Con- both treated exactly the same. I find Now, all of a sudden, because of a stitution. that offensive and reprehensible that wrong-headed 5-to-4 decision, the law is By the way, there are 27 amendments we treat the respectful action of a otherwise. Unfortunately, it cannot be to the Constitution, not 26 as stated by young Boy Scout in burning a soiled or changed by mere statute, as some Senator CHAFEE. otherwise wornout flag, the same as would like to do so. The fact of the I might say this to those who say the conduct—and it is ‘‘action,’’ not matter is, why do we have any concern there is no need for the amendment speech—of a Gregory Johnson. Without at all? Why would we take so much and that we are not faced with many this amendment, they are both treated time debating this when we ought to flag desecrations: First, if we fail to the same. pass it without even much of a debate? provide legal protection to the Amer- Do my friends who make these kinds Let the States determine whether ican flag, it is we, as Members of Con- of arguments want there to be 60 Greg- they want to ratify this as an amend- gress, who would be devaluating the ory Johnsons running around defiling ment to our Constitution. Amending flag. As Justice Stevens, one of our the flag without fear of sanction? They the Constitution is not a simple task. more liberal Justices, stated in his dis- may, but 80 percent of Americans dis- That is why we only have 27 amend- sent in Johnson, ‘‘Sanctioning the pub- agree with them, and rightfully so. ments to the Constitution. Not only do lic desecration of the flag will tarnish They may, but 312 of our colleagues we have to have a two-thirds vote in its value—both for those who cherish over in the House disagree with them, both bodies of congress, but we then the ideas for which it waves and for and rightfully so. They may, but 49 have to get three-quarters of the those who desire to don the robes of State legislatures, including that of States to ratify any proposed amend- martyrdom by burning it.’’ One year the Senator’s own home State of Rhode ment. later, in Eichman, Justice Stevens Island, disagree with him. And the The reasons some of my friends do wrote that the value of the flag as a other supporters of this amendment, not want this amendment to be adopt- ed are multifold, I am sure. I will not symbol of the ideas of liberty, equality, Republicans and Democrats alike, dis- denigrate their reasons or patriotism and tolerance that Americans have agree with him as well. passionately defended throughout our I have to respectfully take exception in the process, but they should not history has already been damaged as a with a few of my colleagues when they denigrate ours, either, especially since result of this Court’s decision to place ask why we are taking time to consider we are in the vast majority, and the vast majority of people in this country its stamp of approval on the act of flag this amendment when we have so many feel the way we do. burning. We can and should act to cor- important things to do. We spend time The fact of the matter is that if rect that damage by restoring to Con- around here in so many desultory ways three-quarters of the States would vote gress the power to protect our flag that do not amount to a hill of beans; to ratify this, then it ought to be in the against physical desecration. it is about time we spent time on some- Constitution. I’d bet money that three- Moreover, the problem of flag dese- thing this significant. quarters of the States would ratify this cration remains with us. I have to say Ask the American Legion, the Vet- amendment so fast that it would make that, earlier this year for example, two erans of Foreign Wars, the Gold Star the head of my dear friend from Rhode American flags were burned in Hono- Wives of America, and the millions of Island spin in the process. The fact of lulu as a show of sovereignty for what members of organizations who have the matter is this is what the Amer- protesters called the Kingdom of Ha- joined together in the Citizens Flag Al- ican people want, and the reason they waii and as a protest against state- liance why they brought us this pro- want it, is because they value the flag hood. There were other flag burnings posal, or why they asked us to debate of the United States, and devalue those during protests in Illinois and Pennsyl- it. who would hold it in contempt, as they vania. Last year, there was a flag burn- Mr. President, we are debating legis- should. ing during a demonstration against lation these Americans consider a high Mr. CHAFEE. Mr. President, I was proposition 187 in California. A college priority. There are millions of them. I interested in the presentation of the student who tried to prevent a second hope that the opponents of this meas- Senator from Utah where he stressed I such desecration was beaten by the ure would not argue that this citizen- should be impressed that 47 States, or protesters. In another instance, an initiated effort is unworthy of the de- whatever it is, asked Congress to pass American flag was burned during a bate by this august body. this amendment including the legisla- news conference outside police head- I suggest my colleagues would be ture in my own State; I should be im- quarters in Cleveland, OH, after the candid and should get all our work, in- pressed by that. U.S. Supreme Court let stand an Ohio cluding this amendment, done. There is It comes from the same Senator who Supreme Court ruling overturning the nothing that would stop us from doing in his own amendment has eliminated conviction of an individual who burned that; all we have to do is do it. the State’s power to pass laws in con- an American flag during a protest I would also call to my colleagues’ nection with the desecration of the against the Persian Gulf war. Another attention the fact that it was a very flag. flag burning occurred during a dem- short time after the Bill of Rights was On one hand, the States are people onstration against capital punishment passed that the 11th amendment to the who should be listened to with great in Nebraska. I suspect there are many Constitution was added to it. caution and respect; on the other hand, others. Why? It was added to it to overturn a he eliminates them from his amend- To compare the burning of the flag bad Supreme Court decision, Chism ment 24 hours before it comes up for a by a Boy Scout—a soiled or otherwise versus Jordan. There have been other vote. worn out flag—to that of the bearded amendments to the Constitution over- Now, Mr. President, since we are Gregory Johnson, is, I think, stretch- turning bad Supreme Court decisions. I quoting from the Supreme Court, and I ing it just a wee bit. Johnson held the think you have to look long and hard might say he quoted extensively from flag in contempt, and there is no doubt to find a Supreme Court decision much the decision involving Texas versus that his burning of the flag was done worse than the Johnson and Eichman Johnson. Johnson has gained greater for publicity purposes, so that millions decisions. They were 5-to-4 decisions, fame from burning the flag than he of Americans would see and be affected hotly contested. ever would if he stood at attention and by how he treated our flag. By the way, some of the most liberal saluted it. Perhaps the Senator from Rhode Is- people on the Court disagreed with That, seems to me, Mr. President, is land sees little difference between the those decisions, such as Justice Ste- the reason people burn the flag. You

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18353 make it against the law and they will not think it is a question of numbers body, say yes, you are doggone right it be out there to a far greater extent here. It is a question of what is right is. And I am one of them, and so is the than they are now because that will and what is wrong. distinguished Senator from Alabama. get them attention. That is what they I do not intend to be much longer on So I yield the floor. want. These are misguided individuals. this. I notice the distinguished Senator The PRESIDING OFFICER. The Sen- Most of all, they want the police to from Alabama wants to speak, and I ator from Rhode Island. come and seize them and drag them off want to listen to him, because, in my Mr. CHAFEE. Mr. President, I can to jail because they burnt the flag. Mr. opinion, he is one of the people I most only assume the Senator from Utah Gregory Johnson is now famous, far admire in this body. I think he can was being facetious when he started more famous than if the situation had speak with authority on this issue, as suggesting that murder is no different just been ignored. much if not more than any other per- from the burning of the flag. This is what the Supreme Court said: son. I also would point out, as I am sure But for those who have been so crit- The way to preserve the flag’s special role the Senator from Utah knows being a is not to punish those who feel differently ical about this, let me just ask a few constitutional scholar, that the equal about these matters, it is to persuade them questions. The equal protection clause protection amendment expanded free- that they are wrong. You courageous self-re- of the 14th amendment is an extremely doms in the United States. It did not liant men with confidence in the power of important part of our Constitution, as limit freedoms; it expanded them. free and fearless reasoning applied through is the first amendment. Let us just as- Whereas this amendment is a limita- the processes of popular government, no dan- sume that the year is 1900, just a few tion on the freedom of expression, and ger flowing from speech can be deemed clear years after the Supreme Court’s infa- and present unless the incidence of the evil there is a whale of a difference right mous 8-to-1 decision in Plessy versus there. is so imminent that it may fall before there Ferguson, interpreting the equal pro- is an opportunity for full discussion. We can So, Mr. President, it is my great hope imagine no more appropriate response to tection clause as permitting separate that this constitutional amendment burning a flag than waving one’s own, no but equal State facilities. Suppose 49 will be rejected. better way to counter a flag burner’s mes- legislatures had called for a constitu- The PRESIDING OFFICER. The Sen- sage than by saluting the flag that burns, no tional amendment to overturn that de- ator from Alabama. surer means of preserving the dignity even of cision, which is what is the case here. Mr. HEFLIN. Mr. President, first, let the flag that is burned, than by, as one wit- Suppose 312 Members of the other body ness here did, [referring back to the situa- me thank the distinguished Senator had voted for a constitutional amend- from Utah, Senator HATCH, for his kind tion in Texas] according to the remains a re- ment that said, ‘‘No State shall deny spectful burial. We do not desecrate the flag words that he said about me earlier. by punishing its desecration, for in doing so any person equal access to the same Unfortunately, I was not on the floor. I we dilute the freedom that this cherished transportation, education and other had an appointment on a vital matter. emblem represents. public facilities and benefits on the I had to leave, so I did not hear him. We have not discussed here today basis of race’’? But I thank him very much. Now this amendment is before the that the whole reason this is before us I want to make some distinctions. Senate. Would my friend be arguing, in is that the Supreme Court of the One is the difference between constitu- 1900, ‘‘Oh, I deplore and detest the United States has said this is a limita- tional language and implementing leg- States’ separation of races, but the Su- tion on the freedom of expression when islation. In the Biden amendment, preme Court has just told us by an you pass statutes such as suggested by there is a limitation on what can be overwhelming majority that the equal the Senator from Utah. done by the Congress if that constitu- protection clause allows separate but So instead of expanding our free- tional amendment is adopted. It says equal facilities, so there is nothing doms, it is a limitation of our freedom. the Congress has the power to enact Congress can or should do about it’’? I think it should be rejected. I cer- the following law, and then sets out Would the Senator view the amend- that law in some specificity. tainly hope it is. ment as amending the equal protection Mr. HATCH. Mr. President, my friend The Hatch amendment basically al- clause, or just reversing a tragically quoted the Johnson decision ‘‘just per- lows Congress to be able to enact legis- erroneous interpretation of that lation dealing with the physical dese- suade them that they are wrong.’’ My clause? goodness, I guess you could apply that Would my friend be arguing that, as cration of the flag, and all of these to anything. The reason that Gregory much as he disagrees with Plessy matters pertaining to rugs, Boy Scouts Johnson got so much notoriety out of versus Ferguson, the equal protection and all of that as mentioned by my his act of desecration was not because clause is what the Supreme Court says friend and colleague Senator CHAFEE, the Texas flag desecration was effec- it is at any one time? Would he vote can be taken care of in implementing tively enforced, it was because the against the amendment overturning legislation. statute was not effectively enforced. It Plessy? Of course not. The same situa- There is a distinction between con- is because he got away with it. tion is now before us. The Supreme stitutional language and implementing Had that statute been effective in Court has misconstrued the first legislation. So, by adopting very brief preventing his flag desecration, we amendment, after all these years, in language which gives authority to Con- would never have heard of Gregory 1989—misconstrued it. gress to adopt implementing legisla- Johnson. The reason we have heard of We do not have to acquiesce in that tion, it does not mean that you are him is because people were outraged by error. It was a 5–4 decision. They were going to have a situation where it the action that he committed. wrong. Article V gives us a right to would be unlawful to walk on a hooked ‘‘Persuade them they are wrong’’—I amend the Constitution and change rug or where it would be unlawful for a guess that is what we should do with that wrongheaded decision, something Boy Scout to burn a flag in a situation regard to marijuana usage. Do not that has been done before. I cite the where it has been torn or soiled or treat our children in such a bad way. 11th amendment, among others. The something of that nature. That is for Persuade them they are wrong. question is, and I think this is a legiti- implementing legislation to be able to A reason we punish people is to per- mate question, and in this sense cer- address in order to take care of that suade them they are wrong. That is one tainly my colleague from Rhode Island situation. reason why we have criminal laws. Let raises a good question, and that is: Is it The next matter I want to address is me tell you, Gregory Johnson would important enough to the Senate to the issue pertaining to triviality. I have learned a lot quicker that he is overturn the Supreme Court decisions think we have entered a stage in our wrong if he had been punished under in Johnson and Eichman? Is it impor- society where we look at things that that Texas statute, instead of getting tant enough to restore to the American are extremely important sometimes as away with it as he did. people the power they had for 200 years being trivial. We look to some things What if we just had 45 murders in to protect the national emblem, our and we say that they are trivial, but I this country? Would that mean we American flag? think we have trivialized so many val- would not want to do something about A majority of this body, and hope- ues and symbols that, basically, we no murder? The fact of the matter is, I do fully a constitutional majority of this longer have anything that is sacred. I

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18354 CONGRESSIONAL RECORD — SENATE December 11, 1995 think it is time that we have some very heart of what it means to be an provides standards regarding libel of matters, including symbols, that are American. It would be a tragedy for us private individuals. sacred in this United States. to allow the power of the flag to be un- These holdings protect an individ- We have seen the deterioration of dermined through desecration. Allow- ual’s honor from defamation. I see no morals, we have seen the deterioration ing the burning of that flag creates a reason why the honor of our flag should of respect for institutions and for tra- mockery of the great respect so many not be protected. ditions, and I think it is time we look patriotic Americans have for the flag. Arguments have also been made that at some of these concerns that are very As I have stated before, I feel on limitations on free speech involve only important to this country. I think the many different levels that the Supreme civil suits. However, the Court has con- flag is, and I think the flag ought to be Court’s decision was wrong. I feel it tinually upheld criminal statutes in- sacred. was wrong for me personally, it was volving obscene language and pornog- I have spoken previously and recited wrong for patriotism, it was wrong for raphy. This is seen in New York v. Fer- statements of the feelings of certain this country, but perhaps most impor- ber, 458 U.S. 747 (1982), which upholds a great protectors of the first amend- tantly, this decision was judicially New York statute regarding child por- ment, such as Justice Hugo Black, Jus- wrong. nography and Miller v. California, 413 tice John Paul Stevens, and Chief Jus- I want to emphasize that although I U.S. 15 (1973), which provides much of tice Earl Warren, and their feelings to- am a strong believer in first amend- the current legal framework for the ward the Constitution and the right to ment rights, I recognize that first regulation of obscenity. protect the flag. I think, when you amendment rights are not absolute and The U.S. Supreme Court has even look at their writings and see how they unlimited. There have been numerous upheld criminal statutes involving express themselves on this, that is an decisions of the Supreme Court that draft card burning. In United States v. answer to those who feel that this is limit freedom of expression. O’Brian, 391 U.S. 367 (1968), the Court something that will take away from Some of history’s great protectors of upheld the Federal statute which pro- the freedoms or that Congress is invad- the freedom of speech have agreed that hibited the destruction or mutilation ing an area that it should not invade. I the first amendment is not absolute. of a draft card. In reaching this deci- sion the Court expressly stated: think that we also have a right to like- Many of these protectors have agreed wise prohibit desecration of the Amer- that the flag is a symbol of such pro- [w]e cannot accept the view that an appar- ently limitless variety of conduct can be la- ican flag without impinging on Ameri- found importance that protecting it is beled ‘‘speech’’ whenever the person engag- cans’ right to freedom of speech. permissible. I will be quoting from ing in the conduct intends thereby to express I strongly support a constitutional some of the protectors of the flag and an idea. amendment to prevent the desecration the freedom of speech such as Supreme Certainly the people of America have of the American flag. As an original co- Court Chief Justice Earl Warren, Jus- a right to expect that the honor, integ- sponsor, along with Senator HATCH, I tice Hugo Black, Justice John Paul rity, and reputation of this Nation’s urge our colleagues to join in pro- Stevens and Justice Oliver Wendell flag should be protected. If draft card tecting the sanctity of this symbol of Holmes. burning can be prohibited, surely burn- our great Nation. As I have said before In a landmark case reflecting the Su- ing the American flag can also be pro- on the Senate floor, I feel that the Su- preme Court’s long-held belief that the hibited. Does a draft card have more preme Court’s decision in Texas versus freedom of expression is not absolute, honor than the American flag? Cer- Johnson, incorrectly places flag burn- the Court in Shenk v. United States, 249 tainly not. ing under the protection of the first U.S. 47 (1919), stated that: In his dissent in Street v. New York, amendment. In my judgement, it is our The most stringent protection of free 394 U.S. 577 (1969), Chief Justice Earl responsibility to change that decision speech would not protect a man in falsely Warren wrote: and return the flag to the position of shouting fire in a theater and causing a I believe that the states and the federal respect it deserves. panic. government do have the power to protect the Few people would disagree with the Justice Oliver Wendell Holmes stated flag from acts of desecration and disgrace argument that the American flag that: . . . However, it is difficult for me to imag- ine that, had the court faced this issue, it stands as one of the most powerful and The question in every case is whether the would have concluded otherwise. meaningful symbols of freedom ever words [actions] used are used in such clear created. Justice Stevens calls the flag circumstances and are of such a nature as to In this same case, Justice Hugo a national asset much like the Lincoln create a clear and present danger that they Black dissented stating: Memorial. He states that: will bring about the substantive evils that It passes my belief that anything in the Federal Constitution bars a state from mak- Though the asset at stake in this case is the Congress has a right to prevent. ing the deliberate burning of the American intangible, given its unique value, the same Clearly the indignation caused by the flag an offense. interest supports a prohibition on the dese- Johnson decision and the fisticuffs cration of the American flag. which have broken out in flag burning I do not think that anyone can ques- I must agree with Justice Stevens in attempts show that flag burning should tion that Hugo Black and Earl Warren his belief that the flag should be pro- not be protected by the first amend- were champions of the first amend- tected from such desecration. However, ment. What if the flag burning had oc- ment, but they recognized that the flag I believe that the flag also has a tan- curred in wartime? Certainly, a clear was something different, something gible value. I feel that the Court could and present danger would be present. special. The Supreme Court substan- have expressed an opinion that would Justice Stevens wrote in Los Angeles tiated this view in Smith v. Goguen, 415 have allowed protection to both values. City Council v. Taxpayers for Vincent, U.S. 566 (1974), when the majority of The flag holds a mighty grip over 466 U.S. 789 (1984), that: the court noted that: [c]ertainly nothing prevents a legislature many people in this country. Its patri- The first amendment does not guarantee from defining with substantial specificity otic appeal is as unique to every person the right to imply every conceivable method what constitutes forbidden treatment of the of communication at all times and in all as a fingerprint. Thousands of Ameri- United States flag. cans have followed the flag into battle places. Finally I would like to quote from and many, to our sorrow, have left Arguments have been made that lim- Justice Stevens in Texas v. Johnson, these battles in coffins draped proudly itations on the freedom of expression when he says about the flag: by the American flag. Nothing quite refer only to bodily harm, however, the approaches the power of the flag as it Supreme Court has recognized the need It is a symbol of freedom, of equal oppor- tunity, of religious tolerance and of good drapes those who died for it—or the for individuals to protect their honor, will for other people who share our aspira- power of the flag as it is handed to the integrity, and reputation when injured tions. The symbol carries its message to dis- widow of that fallen soldier. The mean- by libel or slander. This is seen in New sidents both home and abroad who may have ing behind these flags goes far beyond York Times v. Sullivan, 376 U.S. 254 no interest at all in our national unity and the cloth used to make the flag or the (1964), which provides standards regard- survival. dyes used to color Old Glory—red, ing the libel of public figures and Time, I am a strong believer that the rights white, and blue. The flag reaches to the Inc. v. Hill, 385 U.S. 374 (1967), which under the first amendment should be

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18355 fully protected and do not feel that an er or not the States ought to have the know that there is an overwhelming amendment changing these rights right to ban flag desecration. So this groundswell of support for this amend- should be adopted except in very rare issue was considered and members of ment. And I know that that is true be- instances. The Founding Fathers, in the committee were informed as to the cause in my home State of Iowa I have drafting article V of the Constitution, merits of allowing States to adopt im- seen this expressed. On a daily basis I intended that if it would be extremely plementing legislation. receive letters and phone calls from difficult to amend the Constitution, re- Mr. President, I yield the floor. concerned Iowans asking that we in the quiring a two-thirds vote of both Mr. GRASSLEY addressed the Chair. Senate do what it takes to protect the Houses of Congress and a difficult rati- The PRESIDING OFFICER (Mr. flag. I think it is time then that we do fication process requiring the vote of HATCH). The Senator from Iowa. the right thing, and doing the right three-fourths of the States. The his- Mr. GRASSLEY. Thank you, Mr. thing is passing this constitutional tory of this country shows that only 27 President. I am glad to follow my good amendment. amendments to the Constitution have friend from Alabama in remarks that I also think this debate is timely as been adopted and only 17 after the Bill he made about the amendment. I want the first American troops are now ar- of Rights was ratified. to speak about the amendment as well. riving in Bosnia. I am skeptical of the Some may ask Why have a constitu- So I want it very clear that in speaking mission to Bosnia, but I support, like tional amendment; Why not try legis- today, I do so in strong support of the all of my colleagues will do, the efforts lation? To those I would say the Senate constitutional amendment to protect of our troops there. I support the flag has passed statutes concerning flag the American flag. under which those troops will serve. desecration. As a body we have tried to I also want to state that there is a As a rule, Iowans are very politically oppose the protection of flag desecra- pending amendment by the Senator active and aware. Any of my colleagues tion, but statutory law has not worked. from Kentucky, my good friend, Sen- who have tried to run for President, be- We have a number of groups that have ator MCCONNELL. And I also want to cause we are the first caucus State, joined together to form the Citizen’s say that I rise in strong opposition to know that to be a fact. But with this Flag Alliance. There are about 90 orga- the statutory approach to protecting amendment, I have the definite sense nizations in this wide ranging coali- the American flag. I believe that Sen- that even those Iowans that are not tion. In addition, 46 States’ legislatures ator MCCONNELL’s amendment is either generally politically active have be- have passed memorializing resolutions unconstitutional or unnecessary. Ei- come deeply involved in the efforts to calling for the flag to be protected by ther way, I oppose it and stand in protect the flag. the Congress. strong support of the constitutional In other words, this desecration In my judgement, we should heed amendment. amendment is part of a grassroots ef- this call and act decisively to ensure I want to remind my colleagues that fort which has energized segments of that the American flag remains pro- I was one of only three Republicans our Nation which, for whatever rea- tected and continues to hold the high who opposed Senator BIDEN’s statutory sons, chose not to participate in the place we have afforded it in both our attempt to protect the flag when it political process. And I think that is a hearts and history. The flag is indeed passed this body several years ago. So wonderful thing to have happened in an important national asset which we I believed then, as I do now, that the our democratic system. must always support as we would sup- only way to permit the American peo- This flag protection amendment is port the country herself. In closing, I ple to protect the flag is to change the the product of tireless efforts by the want to share with you the eloquent Constitution. American people. I believe it would be words of Henry Ward Beecher’s work, The approach advocated by Senator wrong for the Senate to stand in the ‘‘The American Flag,’’ which expresses MCCONNELL can be interpreted in two way of the American people on such a this sentiment: ways. Under one interpretation, this very important issue. Now, some may A thoughtful mind, when it sees a nation’s statute provides important new protec- ask, ‘‘Why have the American people flag, sees not the flag only, but the nation tions for the American flag. If this is become so involved in this effort to itself. He reads in the flag the government, the correct interpretation, then the protect the flag?’’ I believe the answer the principles, the truths, the history which statute is unconstitutional under the lies in the rediscovery of core Amer- belong to the nation that sets it forth. Eichman decision which struck down ican values, like respect for authority. I hope that my colleagues will con- Senator BIDEN’s statutory approach, Our flag is the ultimate symbol of our sider all that the flag means to them, passed by the Congress several years great Nation and what America stands and in so doing support this amend- ago. for. ment, which protects those ideals. Under the other interpretation, this For many years, starting with the so- I would like to also make a state- statute simply makes explicit protec- called counterculture in the 1960’s, it ment concerning the issue pertaining tions for the flag which have already seemed very fashionable to criticize to Judiciary Committee hearings on existed and which exist, not to protect our Government, to criticize our Na- the amendment. I believe Senator the flag by the way, but to protect the tion as a people. That, of course, led to CHAFEE asked if any hearings were public peace and property. the lack of respect for our great coun- held? There was an extensive hearing For example, the statute would crim- try in general, and, of course, lack of held on the proposed constitutional inalize the destruction of the flag if the respect for the flag in particular was amendment. destruction would lead to a breach of one way of expressing an During that hearing, as is the pur- peace. Well, this probably is the case in antiauthoritarian attitude. But those pose of congressional hearings, you most States already, most of which critics have been proven wrong, and have criticisms that are made, and you have disorderly conduct crimes already their shrill anti-Americanism has been have alternatives that are offered. So, on their statute books. thoroughly rejected. therefore, the committee had alter- So in conclusion, I oppose the statute With last November’s election re- natives that were presented. The re- because it is either ineffective as a way turns—and those election returns were sults of the hearing raised some legiti- of protecting the flag or it is unconsti- expressing the view of the American mate issues pertaining to the question tutional as the Court has already ex- people—they were expressing a view of of having the States have their right to pressed in the Eichman case when it support of core American values like pass statutes banning flag desecration. struck down Senator BIDEN’s statute respect for authority and respect for The committee did not necessarily that I was one of only three Repub- our country. It seems to me that since hear comments on the exact language licans to vote against at that time. last November, then, it is only natural of every possible constitutional word Even though I am respectful of Sen- that right now the American people are that might be considered. ator MCCONNELL’s good intentions, I pushing harder than ever before to pro- But in the end, you have a record still support the constitutional amend- tect the American flag. which shows that the hearing generally ment. This amendment represents As far as I am concerned, we as a na- covered those questions which would American democracy at work and tion will never realize our full destiny apply to the particular issue of wheth- American democracy at its best. I as a great nation and a great people

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18356 CONGRESSIONAL RECORD — SENATE December 11, 1995 until we instill respect and concern for other constitutional amendment, or tically. That is a very selfish motive America in every one of our young peo- maybe more than one constitutional for changing the first amendment. ple. That is a very important reason to amendment to change the first amend- People can be inconsistent. I am support this amendment. Passing this ment in other contexts. But I only probably inconsistent on some things amendment will not do that by itself, want to speak about one of those ef- myself, but I think it really weakens but passing this amendment is going to forts. the argument against this flag amend- express at the highest degree that we This irony certainly does not apply ment, when you are in favor of amend- do have in our society basic constitu- to everyone in the Senate who opposes ing the Constitution to limit campaign tional principles that are a basis for this flag protection amendment, but expenditures, which is the ultimate of our society, a basis for our society for there is a long list of people in past political speech. 207 or 208 years. Congresses who opposed a flag amend- So, in conclusion, Mr. President, it is Finally, we simply cannot discuss the ment, and look at the list of people time that the Senate do the right flag without our considering what the who have cosponsored or favored a con- thing. We tried it once before several flag means to our veterans, to those stitutional amendment which amends years ago, did not get the job done and brave Americans who fought for free- the first amendment, the same as the passed a statute that was declared un- dom in far away places. flag amendment does, but in this other constitutional by the Supreme Court. I have to be somewhat apologetic instance I am speaking of, it overturns It seems to me there ought to be ample when I speak about the sentimentalism the Buckley versus Valeo decision to evidence that if we want to ultimately that is legitimate for our veterans who permit limits on campaign expendi- protect the flag and do it in the surest have fought and died to protect our tures. way possible, then the only right thing country, because, Mr. President, as I In other words, I am saying to you, to do is for this Senate to pass this am sure you know, I have never served Mr. President, that we have Members constitutional amendment. in the military. of this body who say that the first I yield the floor and suggest the ab- I have an awesome responsibility amendment is so well written and his- sence of a quorum. when I speak about what our veterans torically has never been changed—and The PRESIDING OFFICER. The have done to explain that I, as an indi- the implication is that it should never clerk will call the roll. vidual, do not fully understand, not be changed in the future—that we The legislative clerk proceeded to having served in the military, exactly should not pass an amendment that call the roll. what that is all about. But that does would protect the flag, thereby some- Mr. HATCH. Mr. President, I ask not lessen my respect for what our vet- what changing the first amendment as unanimous consent that the order for erans have gone through, and I praise it relates to that aspect of free speech. the quorum call be rescinded. the Lord that they have sacrificed for But those same people would say The PRESIDING OFFICER (Mr. the freedom that we all enjoy today. that it is all right to amend the first GRASSLEY). Without objection, it is so On the other hand, I have seen the amendment when it comes to campaign ordered. hand of the veteran very much in this expenditures and, in fact, if you over- Mr. HATCH. Mr. President, let me grassroots movement to pass this con- turn the Buckley case, it is a very sig- just have printed in the RECORD a few stitutional amendment. nificant limit on true political speech. items. I have a letter from Harvard So I say, if any of my colleagues in It would be a limit on verbal free Law School from Richard D. Parker, this body are undecided on this amend- speech as opposed to our amending the professor of law, with regard to the ment, I encourage each of them to con- first amendment in the case of the flag McConnell law and why it was uncon- sult with the veterans and to remem- which, at the most, can be said to be a stitutional and why it would become ber all those Americans who have died limit on nonverbal free speech. such by the Supreme Court of the protecting the American flag, pro- So, what we have here is a situation United States as a statute. There is no tecting the principles of our great soci- where those of us who favor this way the statute could be held constitu- ety that the American flag stands for. amendment and those who say it is tional under the decisions of Johnson Quite frankly, if we do not pass this wrong to amend the first amendment and Eichman. amendment, I do not see how we can go in the case of the flag, but that it is OK I ask unanimous consent that the home and look our veterans square in to amend the first amendment if you letter be printed in the RECORD. the eyes. With budgetary cutbacks want to limit verbal free speech when There being no objection, the mate- forcing Congress to make difficult cuts it comes to campaign contributions, rial was ordered to be printed in the in all Federal programs, even including that you have more than enough votes RECORD, as follows: veterans programs, it seems to me the right here to pass the amendment. HARVARD LAW SCHOOL, least we can do is to pass this amend- This amendment, I think, is going to Cambridge, MA, December 9, 1995. ment out of respect for what they have pass anyway, but if there is some doubt Senator ORRIN HATCH, done for our country. about it, there are a few Members of U.S. Senate, With a President who has restored this body who take the position you Washington, DC. diplomatic relations with the Com- should not amend the first amendment DEAR SENATOR HATCH: Recently, I have munist regime in Vietnam without a to protect the American flag, but it is read two more commentaries on the con- stitutional validity of the proposed ‘‘Flag full accounting of our war dead and OK to pass an amendment to limit po- Protection and Free Speech Act of 1995.’’ One MIA’s, it seems to me the least we can litical speech through limits on cam- is a letter from Mr. Bruce Fein. The other is do is pass this amendment. And with paign spending. If you put those to- a memo from Mr. Robert Peck and two pro- American troops soon in harm’s way, gether, we have more than enough to fessors of law [hereinafter the Peck Memo]. as they are with 6 million mines in pass this amendment. Both claim that the narrow protection of the Bosnia, of where we have only discov- So there is some inconsistency be- American flag afforded by the proposed stat- ered 1 million of them thus far, it tween people who are making the argu- ute is ‘‘content-neutral’’ and, hence, would seems to me that the least we can do is ment that we should not amend the be upheld by the Supreme Court under its es- tablished principles of First Amendment law. to pass this amendment. first amendment in the case of the flag The advice is inaccurate. The reason is Finally, I want to mention what I because of what it might do to non- that it is based on misunderstanding of the think is an ironic situation. Some who verbal speech—and I do not think that principles and precedents to be applied. oppose this amendment feel that it is nonverbal speech is protected by the Since the Fein letter is perfunctory and in- dangerous to amend the first amend- first amendment—and those who are cludes no claim not also made in the fuller ment. I think this stems from a sincere willing to change the Constitution Peck memo, I’ll concentrate on the latter, feeling that the first amendment is when they overturn the Valeo case. breaking into three categories its misrepre- sacrosanct and, in fact, it is, Mr. Presi- What makes this inconsistency even sentation of the view—as crystallized since 1989—of a majority of the Justices. dent. But the fact of the matter is that more ironic, when you tend to limit (1) The Flag Cases: Johnson and Eichman. many of these same people who oppose campaign expenditures, that tends to The Peck Memo misreads these two deci- this flag amendment as a constitu- benefit incumbents rather than chal- sions by tearing them away from the prin- tional amendment have sponsored an- lengers. We can support that statis- ciple that undergirds them. It portrays parts

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18357 of the governing doctrine as if they con- certain messages for proscription,’’ he wrote, Second, the Memo suggests that singling stituted the whole. It mistakes the tip for ‘‘they do single out one set of messages, out the flag would not violate R.A.V., be- the whole iceberg. Thus is betrays a funda- namely the set of messages conveyed by the cause of the Court’s recognition in Johnson mental canon of good lawyering: that the American flag, for protection.’’ The same, he and Eichman that the flag may be afforded parts can be understood only in the context went on, ‘‘is not true of a law that generally certain sorts of ‘‘special attention.’’ What of the whole that makes sense of them. prohibits the interruption of speakers: such the Memo neglects to mention is what sorts The Memo observes that neither Johnson a law is neutral not only respecting the con- of ‘‘special attention’’ the Court was refer- nor Eichman involved a proven breach of the tent of the interruption but also respecting ring to in those opinions. For the only ‘‘spe- peace or incitement to imminent violence the content of the message interrupted.’’ Pro- cial attention’’ it approved there specifically through destruction of a flag and that nei- tective legislation singling out the flag is involved ‘‘encouraging’’ or ‘‘fostering’’ re- ther involved theft of the flag that was de- definitely not ‘‘content-neutral’’ in that very spect for the flag without employing the stroyed. It says the Court noted that those important sense. The distinction, Ely con- criminal law. It is the absence of a criminal factors were not present. Then, it commits cluded, is ‘‘critical.’’ (88 Harvard Law Review sanction that, according to the Court, justi- an elementary error. It suggests that the at 1505–1507.) fies the ‘‘special attention’’ it approves. The principle underlying the two decisions is, In Johnson, the Supreme Court recognized proposed statute, by contrast, does employ therefore, inapplicable when those factors this point. The flag, it stated, is inherently criminal law to protect the flag against de- are present—as they would be under the pro- ‘‘[p]regnant with expressive content.’’ It ex- struction. The ordinance that the Court posed statute. Law students learn, early in presses a particular message as the ‘‘symbol struck down in R.A.V. employed it as well. their education, that a step in the step-by- of our country.’’ (491 U.S. At 405.) It is ‘‘a The argument made in the Memo is, there- step unfolding of law should not be read as if symbol of nationhood and national unity, a fore, a misleading fantasy. it were the final step, the complete unfolded symbol with a determinate range of mean- Third, the Memo cites the R.A.V. opinion’s doctrine. The trick of interpreting court de- ings.’’ In Johnson and Eichman, the Court statement that it is permissible to single out cisions involves discerning the deeper gen- noted that government may ‘‘foster’’ and the President for special protection against eral principle that is immanent in them. ‘‘encourage’’ respect for the flag. But the threats of violence ‘‘since the reasons why The Peck Memo seems, at times, to sug- majority of the Justices made clear that threats of violence are outside the First gest that the principled focus of Johnson and they regard use of the criminal law for spe- Amendment (protecting individuals from the Eichman had only to do with a definition of cial government protection of the flag—and fear of violence, from the disruption that what constitutes ‘‘protected’’ expressive con- the ‘‘determinate’’ message it conveys—as fear engenders, and from the possibility that duct. It insists that the sorts of conduct something utterly different. (491 U.S. at 418; the threatened violence will occur) have spe- reached by the proposed statute (incitement 496 U.S. at 318.) cial force when applied to the person of the of imminent violence through destruction of When Senator McConnell introduced the President.’’ (505 U.S. at 388.) The Memo then a flag and destruction of a stolen flag) are proposed ‘‘Flag Protection and Free Speech seems to suggest that the ‘‘reasons why’’ not ‘‘protected’’ expression. It thereby ob- Act of 1995’’ on the floor of the Senate on Oc- theft and destruction of stolen property and scures the deeper principled focus of modern tober 19, he affirmed that its purpose is not incitement to imminent violence are outside free speech law—the focus, indeed, of the ‘‘content-neutral.’’ He affirmed that the in- the First Amendment have ‘‘special force’’ Johnson and Eichman opinions themselves. terest it is meant to serve is the interest in when applied to thefts of flags, destruction That is to say, it obscures the Court’s focus protecting the particular message the flag of stolen flags and incitement of violence on what interest government is serving. In represents. He announced that he is ‘‘dis- through flag destruction. The third sugges- Johnson, the Court made this very clear: ‘‘It gusted by those who desecrate our symbol of tion is utterly baseless, and the Memo offers is, in short, not simply the verbal or non- freedom.’’ Thus—by describing its purpose— no basis for it. The first two are patently ri- verbal nature of the expression, but the gov- the primary sponsor of the proposed statute diculous. The Court, no doubt, would treat ernmental interest at stake that helps to de- ensured that, if enacted into law, it would be these claims as frivolous. termine’’ the validity of a regulation. (491 struck down by the Supreme Court under the Fourth, the Memo cites the R.A.V. opin- U.S. at 406–407.) By the same token, the foundational principle of the Johnson and ion’s statement that it is permissible to sin- Eichman Court located the ‘‘fundamental Eichman cases. gle out one industry for regulation of price flaw’’ of the statute in the ‘‘concern’’ of the In fact, it would have made no difference if advertising ‘‘because the risk of fraud (one of Congress that gave rise to it. (496 U.S. at the Senator had not spoken. For the imper- the characteristics of commercial speech 317.) The question, then, is: What kind of missible interest behind the proposed statute that justifies depriving it of full First is clear on its face. It is entitled as an Act governmental interests is it that offends the Amendment protection . . .) is in its view for ‘‘flag protection.’’ And—tellingly—it does Court’s basic theory of the First Amend- greater there.’’ (Id.) Again, the Memo seems not probit the ‘‘waving’’ of a stolen flag or ment? to suggest an analogy. It seems to suggest the incitement of violence through the ‘‘wav- The Memo assumes that there are but two that the risk of theft and destruction of sto- ing’’ of a flag. Instead, it would punish only sorts of governmental interest that might len property is greater when the property in- those who ‘‘destroy or damage’’ a flag. Its invite judicial criticism of regulations in- volved is a flag and that the risk of violence ‘‘content-discrimination—as defined by the volving the flag: a direct interest in prohib- is greater when a flag is destroyed to incite majority of the Justices—is thus doubly ob- iting expression and a discriminatory inter- it than when other means of incitement are est in prohibiting advocacy—through de- vious. (2) The R.A.V. Decision. employed. And, again, both claims are plain- struction of a flag—of some (but not other) In 1992, in the R.A.V. decision, the Court ly frivolous. particular ‘‘points of view.’’ It insists that further elaborated the requirement of ‘‘con- Finally, two other aspects of the R.A.V. the interest behind Subsections (b) and (c) of tent-neutrality’’ that would lead it to strike opinion deserve mention. (They are not men- the proposed statute does not involve direct down the proposed statute. The case had to tioned in the Peck Memo.) In condemning prohibition of expression. And it insists that do with a St. Paul ordinance that—like the St. Paul’s singling out of certain messages, the interest behind Subsection (a) does not proposed statute—‘‘singled out’’ certain the Court stated, first of all, that there was involve prohibition of the expression— ‘‘fighting words’’ for regulation on the basis a ‘‘realistic possibility that official suppres- through use of a flag to incite violence—of of their message. Although ‘‘fighting words’’ sion of ideas [was] afoot.’’ (505 U.S. at 390.) some (but not other) particular ‘‘points of are not protected by the First Amendment, To support its suspicion, the Court twice view.’’ But it thereby covers up the third the Court condemned this ‘‘singling out’’ of cited statements made by officials of the kind of governmental interest that triggers some among them. The Peck Memo strains city. (Id. at 394–395.) Were the Court to be that Court’s constitutional condemnation, to obscure the fatal relevance of the deci- presented with the proposed flag protection an interest that, in fact, lies behind all three sion. statute, it would not have to look beyond provisions of the proposed statute. That is: First, the Memo suggests that R.A.V. for- Senator McConnell’s insistence on ‘‘zero tol- an interest in singling out certain deter- bids only discrimination among particular erance for those who deface the flag’’ to sup- minate ideas or certain determinate mes- ‘‘points of view.’’ The proposed flag statute, port a similar—and similarly devastating— sages for governmental protection. it claims, applies without regard to the suspicion. This was, as is well known, the main point ‘‘points of view’’ expressed through specified Secondly, the R.A.V. Court emphasized of the seminal scholarship that gave rise to uses of the flag. Thus the Memo (again) hides that St. Paul had available a ‘‘neutral’’ al- the Johnson and Eichman decisions. In ‘‘Flag the principle that singling out the flag—and ternative: It could simply enact a ‘‘general’’ Desecration: A Case Study in the Roles of so its determinate message—for protection ordinance forbidding all ‘‘fighting words,’’ Categorization and Balancing in First against such uses (indeed, only for pro- whatever their message. By the same token, Amendment Analysis,’’ John Ely (professor tecting against destructive uses) would, the Congress has available the ‘‘neutral’’ al- and former Dean of the Stanford Law itself, be seen by a majority of the Justices ternative of relying on a ‘‘general’’ statute School) wrote that the flag ‘‘represents’’ a as ‘‘content discrimination.’’ In the R.A.V. prohibiting all thefts and destruction of all certain set of messages and that, when gov- opinion, the Justices explicitly noted, in sorts of government property, all thefts and ernment ‘‘singles out’’ the flag for any sort fact, that the St. Paul ordinance involved destruction of all sorts of property on gov- of coercive protection, it thereby acts on an both ‘‘viewpoint discrimination’’ and ‘‘con- ernment lands, and all sorts of incitement to impermissible interest in ‘‘singling out’’ tent discrimination’’—and was to be held un- imminent violence (that may be reached by those messages for protection. ‘‘[A]lthough constitutional on both counts. (505 U.S. At it under Article I). Of course, such a ‘‘neu- improper [flag] use statutes do not single out 391.) tral’’ alternative would not do what Senator

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18358 CONGRESSIONAL RECORD — SENATE December 11, 1995 McConnell wants to do—single out the flag Omaha Beach. If those ideas are worth fight- Amendment right of free speech and expres- for protection. The majority of the Justices ing for—and our history demonstrates that sion. will not, however, allow the Congress to do they are—it cannot be true that the flag that Curiously, the Supreme Court in rendering that now. uniquely symbolizes their power is not itself its decision [in Texas v. Johnson] could not (3) The Mitchell Decision. worthy of protection from unnecessary dese- clearly ascertain how to determine whether Reaching for its last straw, the Peck Memo cration. [491 U.S. at 439]. the flag was a ‘symbol’ that was ‘sufficiently cites the Mitchell decision. There, the Court Put somewhat differently, is it not special to warrant . . . unique status.’ In our upheld a statute under which a ‘‘sentence for opinion and from our experience, there is no aggravated battery was enhanced’’ because ridiculous that the American people question as to the unique status and singular the batterer ‘‘intentionally selected his vic- are denied the right to protect their position the flag holds as the symbol of free- tim on account of the victims’s race.’’ The unique national symbol in the law? If dom, our Constitution and our Nation. As Memo claims that a ‘‘fair reading’’ of Mitch- my colleagues step back from all the such it must be defended and provided spe- ell indicates that the proposed flag statute legal talk on both sides of this issue, I cial protection under the law. would not be struck down under R.A.V. Of all ask, ‘‘Is there not room for a little I am concerned that there is some impres- the misunderstandings of law in the Memo, sion, at least in the media and by some oth- common sense on this issue? Does the ers that are around, that the idea of sup- this is the wildest. For the basis of Mitchell law have to be totally divorced from was not just that battery is not covered by porting the flag is some idea of just right- the First Amendment. It was, more impor- common sense?’’ wing conservatives, and I have heard some tantly, that race-discriminatory motiva- We live in a time when standards Senators say, those veteran organizations, tion—penalized under several civil rights have eroded. My colleagues can see this and that kind of thing. statutes—does not involve expression cov- erosion in the movies they, their chil- In fact, the flag is the symbol of a con- ered by the First Amendment. The point is dren, and their grandchildren can stitution that allows Mr. Johnson to express that the case, as the Court saw it, simply watch. I am aware that our colleagues, his opinion. So, to destroy that symbol is again a step to destroy the idea that there is was not in any way about singling out ideas Senators LIEBERMAN and NUNN, have or messages, whether for prohibition or pro- one nation on earth that allows their people expressed concerns about the erosion of to express their opinions whether they hap- tection by government. That fully distin- standards in some aspects of daytime guishes Mitchell from any relevance to pen to be socialist opinions or neo-Nazi opin- R.A.V.—or to the proposed flag protection television. We all know the kind of ions or republican opinions. statute. lyrics our children can listen to. Mr. Powell then goes on to say some- The failure of the misleading claims in the Civility and mutual respect—pre- thing that is so very apt, whether it is Fein Letter and the Peck Memo serves to re- conditions for the robust expression of to the young man who wiped his car’s inforce one conclusion: The proposed statute, diverse views in society—are in de- dipstick with the American flag, or to like its predecessor in 1990, would be quickly cline. the American Civil Liberties Union, or struck down by the majority of the Justices. Individual rights are constantly ex- to an intemperate American Bar Asso- They only way to establish the constitu- panded, but responsibilities are shirked tionality of this statute or of a less oddly ciation whose leader foolishly and narrow one—the only way to single out the and scorned. wildly questioned the patriotism of flag for protection—is to amend the Con- Absolutes are ridiculed. Values are flag amendment supporters. Indeed, stitution, as the farmers of Article V meant deemed relative. Nothing is sacred. Mr. Powell’s next words say something us to do. There are no limits. Anything goes. important to all of us. Here is what Sincerely, It is ironic that a recent example of else he said: RICHARD D. PARKER, this trend involves the physical dese- Certainly, the idea of society is the band- Professor of Law. cration of the American flag. In Okla- ing together of individuals for the mutual Mr. HATCH. Mr. President, it comes homa this year, a 17-year-old youth protection of each individual. That includes, down to this: will the Senate of the stopped at a convenience store and also, an idea that we have somehow lost in United States confuse liberty with li- used a full-size American flag to clean this country, and that is the reciprocal, will- cense? Will the Senate of the United ing giving up of unlimited individual free- oil from his car’s dipstick. A veteran dom so that society can be cohesive and can States deprive the people of the United saw it; the individual was arrested, work. It would deem that those who want to States of the right to decide whether but, of course, he will not be charged talk about freedom ought to recognize the they wish to protect their beloved na- and prosecuted. When the veteran told right of a society to say that there is a sym- tional symbol, Old Glory? Forty-nine the youngster he should not use the bol, one symbol, which in standing for this State legislatures have called for a flag flag for that purpose, he replied that he great freedom for everyone of different opin- protection amendment. By a strong, bi- could do whatever he wanted. ions, different persuasions, different reli- partisan 312–120 vote, the other body I realize, of course, that we pride our- gions, and different backgrounds, society puts beyond the pale to trample with. [Sep- has passed an amendment. So it comes selves on our freedom in the United tember 13, 1989 at 432–437]. down to each individual Senator, no States. I also understand that the I- We seek to teach our children a pride doubt about it. can-do-anything-I-want attitude has a and love of country—a pride that will I will offer an amendment removing legitimate appeal, up to a point, to serve as the basis of good citizenship, the States from the constitutional many Americans, including me. But we and for sacrifice in our country’s inter- amendment. Only Congress will have all know that freedom has its limits. ests, perhaps even the ultimate sac- the power to protect the flag. All of the We all know that there is a difference rifice. We hope our children will feel concerns about conflicting or different between liberty and license. I might connected to the diverse people who State laws will not apply to the amend- add that the veteran who witnessed the are their fellow citizens. We ask our ment that I, Senator HEFLIN, Senator use of the flag to wipe a car’s dipstick, schoolchildren—we ask them, we do FEINSTEIN, and others will ask you to upon learning that the individual not compel them—to pledge allegiance support. We are going more than half- would not be charged, said, ‘‘you go to the flag. But five members of the way to meet the concerns of critics. I into battle behind the American flag. Supreme Court dictate that we must think it is time for opponents of the There has got to be a way to protect tell them that the very same flag is un- amendment to join with us in offering this symbol.’’ worthy of legal protection when it is protection of the American flag at the This Oklahoma episode reminds me treated in the most vile, disrespectful, Federal level and to send the revised of the commonsense testimony of R. and contemptuous manner. amendment to the other body where I Jack Powell, executive director of the We also have a very diverse country. am sure it will be accepted. Paralyzed Veterans of America, before We all know the flag is the one over- The words of Justice John Paul Ste- the Senate Judiciary Committee in riding symbol that unites a diverse vens, in his dissent in the Texas versus 1989: people in a way nothing else can, or Johnson decision, put it well: The members of Paralyzed Veterans of ever will. We have no king, we threw The ideas of liberty and equality have been America, all of whom have incurred cata- him out over 200 years ago. We have no an irresistible force in motivating leaders strophic spinal cord injury or dysfunction, like Patrick Henry, Susan B. Anthony, and have shared the ultimate experience of citi- State religion. We have the American Abraham Lincoln, schoolteachers like Na- zenship under the flag: serving in defense of flag. than Hale and Booker T. Washington, the our Nation. The flag, for us, embodies that I have to take exception when a few Philippines Scouts who fought at Bataan, service and that sacrifice as a symbol of all of my colleagues ask why we are tak- and the soldiers who scaled the bluff at the freedoms we cherish, including the First ing time to consider this amendment.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18359 Ask the American Legion, the Vet- deeply erroneous decision of the Su- gress a role in that process. They did erans of Foreign Wars, the Gold Star preme Court misconstruing the equal not expect us to surrender our judg- Wives of America, and the millions of protection clause? And would my col- ment on constitutional issues just be- members in the organizations in the leagues vote against an amendment cause the Supreme Court rules a par- Citizens Flag Alliance why they overturning Plessy? I think we all ticular way. The Framers did not ex- brought us this proposal and why they know the answer to these questions. pect the Constitution to be routinely asked us to debate it. Mr. President, we We are faced with a similar situation amended, and it has not been. But the are debating legislation these Ameri- here. The Court had misconstrued the amendment process is there as a check cans consider a high priority. I hope first amendment. The question is this: on the Supreme Court in an important that opponents of this measure would Is it important enough to let the Amer- enough cause. This is one of those not argue that this citizen-initiated ef- ican people, through their Congress, causes. fort is unworthy of debate in this body. decide if they wish to protect the I know we will debate a few amend- I suggest to my colleagues that we American flag, by overturning erro- ments today. I know my friend from can, in fact, get all of our work done, neous Supreme Court decisions? Kentucky will offer a statute as a com- including this amendment. Let me be clear. I said this last week. plete substitute for the flag protection Now, let us clarify again this point: Patriots can disagree about this amendment. The McConnell amend- The flag protection amendment does amendment. Opponents of this amend- ment is a killer amendment. It will not amend the first amendment. It re- ment love the flag no less than the completely displace the flag protection verses two erroneous decisions of the amendment’s supporters. There are war amendment. A vote for the McConnell Supreme Court. In listening to some of heroes on both sides of this issue, in- amendment is a vote to kill the flag my colleagues miss this point and talk cluding Members of the Senate. Simi- protection amendment. Senators can- about how we cannot amend the Bill of larly, supporters of this amendment not vote for both the McConnell Rights or infringe on free speech, I was are strong believers in the first amend- amendment and the flag protection struck by how many of them voted for ment. It is simply a question of judg- amendment. the Biden flag protection statute in ment on this amendment. Is it impor- I know my friend from Kentucky re- 1989. They cannot have it both ways. tant enough to give the American peo- veres the flag. I know he would like to How can they argue that a statute ple the right to express their tradi- do something to protect it in law. But which bans flag burning does not in- tional values regarding the protection I say with great respect, his amend- fringe free speech, and turn around and of their flag? Or is it more important ment is a snare and a delusion. We say that an amendment which author- to preserve the right to engage in one have been down this statutory road be- izes a statute banning flag burning particular, narrow mode of expression fore and it is an absolute dead end. does infringe free speech? with respect to this one object, and one The Supreme Court has told us twice Some of my colleagues have said, I object only, our flag? That is our that a statute singling out the flag for regret that the Supreme Court ruled choice. special protection is based on the com- the way it did. But now that it has, we As Justice Stevens said in his John- municative value of the flag and, cannot do anything about it. Even son dissent, ‘‘sanctioning the public therefore, in its misguided view, vio- though it is difficult to think of flag desecration of the flag will tarnish its lates the first amendment. Even if one burning as speech rather than conduct, value * * * That tarnish is not justified can punish a flag desecrator under a since the Court says so, to override the by the trivial burden on free expression general breach of the peace statute, the Court is to override this newly minted occasioned by requiring that an avail- McConnell amendment is not a gen- so-called constitutional right. In my able, alternative mode of expression— eral, Federal breach of the peace stat- view, this concedes too much to the ju- including uttering words critical of the ute. It singles out flag desecration in- diciary. flag—be employed.’’ [491 U.S. at 437.] I volved in a breach of the peace. John- The Supreme Court is not infallible. urge my colleagues to view the con- son and Eichman have told us we can- Its Dred Scott decision is just one ex- stitutional amendment in the same not do that, we cannot single the flag ample of its fallibility. Let me pose a way. out in that way. The same goes for pro- question to my colleagues. The suggestion by some opponent tecting only one item of stolen Federal Let us suppose that the year is 1900. that restoring Congress’ power to pro- property, a Federal Government-owned A few years earlier, the Supreme Court tect the American flag from physical flag, in a special way, or protecting a had interpreted a very crucial part of desecration tears at the fabric of our stolen flag desecration on Federal the Constitution, the equal protection liberties is so overblown that it is dif- property in a special way. We all know clause of the 14th amendment. In its 8– ficult to take seriously. Even one of why we would pass such a statute. Do 1 Plessy versus Ferguson decision, the the principal lawyers some opponents any of my colleagues really believe we Court had ruled that separate-but- rely upon to make their case, Bruce are going to fool the Supreme Court? equal is equal. The Constitution only Fein, himself a strong opponent of the Many of my colleagues, in good faith, requires separate-but-equal public amendment, has said, ‘‘The proposed voted for the Biden statute and the transportation and public education. amendment is a submicroscopic en- Court would not buy it. They took less We all know that is not what the equal croachment on free expression that than 30 days after oral argument and protection clause means. Suppose the would still leave the United States gal- less than eight pages and threw the other body, in 1900, had already voted axies beyond any other nation in his- statute out. They will do the same to 312–120 to pass a constitutional amend- tory in tolerating free speech and the McConnell statute. The American ment which says that no State shall press.’’ people know better and they want to deny equal access to the same public These overblown arguments ring par- see us take action that can really pro- transportation, public education, and ticularly hollow because until 1989, 48 tect the flag. other public benefits because of race or States and the Federal Government Even if the McConnell statute is con- color. had flag protection laws. Was there a stitutional—and it is not, with all re- Would any of my colleagues be argu- tear in the fabric of our liberties? To spect—it is totally inadequate. Far ing, oh, we cannot pass that amend- ask that question is to answer it. Of from every flag desecration is intended ment, that would be amending the sa- course not. to create a breach of the peace or oc- cred 14th amendment? Would they say, I should add that the American peo- curs in a circumstances in which it we wish the Court had ruled dif- ple have a variety of rights under the constitutes fighting words. And, of ferently, but, the Court voted 8–1 that Constitution. Indeed, if it was not for course, many desecrated flags are nei- separate-but-equal is equal, so that the right of the people to amend the ther stolen from the Federal Govern- must be what the 14th amendment Constitution, set out in article 5, we ment nor stolen from someone else and means? Of course not. Would they would not even have a Bill of Rights in desecrated on Federal property. Indeed, argue that the amendment I just men- the first place. The amendment process most of the desecrations that have oc- tioned amends the 14th amendment? Or is a difficult one, but it is there. The curred in recent years do not fit within would they admit it just overturns a Framers of the Constitution gave Con- the McConnell statute.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18360 CONGRESSIONAL RECORD — SENATE December 11, 1995 Just as an illustration of its inad- the national emergency in Executive vessels and vessels in which a majority equacy, if the McConnell statute had Order No. 12934 of October 25, 1994, to or controlling interest is held by a per- been on the books in 1989, the Johnson address the actions and policies of the son or entity in, or operating from, the case would have come out exactly the Bosnian Serb forces and the authorities FRY (S&M), and stated that all such same way. Why? The Supreme Court in the territory of the Republic of Bos- vessels shall be considered as vessels of said that the facts in Johnson do not nia and Herzegovina that they control. the FRY (S&M), regardless of the flag support Johnson’s arrest under either The present report is submitted pur- under which they sail. the breach of the peace doctrine or the suant to 50 U.S.C. 1641(c) and 1703(c) On April 25, 1993, I issued Executive fighting words doctrine. Morever, the and covers the period from May 30, Order No. 12846 to implement in the flag was not stolen from the Federal 1995, to November 29, 1995. It discusses United States the sanctions adopted in Government. Finally, the flag was not Administration actions and expenses UNSC Resolution 820 of April 17, 1993. desecrated on Federal property. So the directly related to the exercise of pow- That resolution called on the Bosnian McConnell statute, which my friend ers and authorities conferred by the Serbs to accept the Vance-Owen peace from Kentucky will offer to replace declaration of a national emergency in plan for the Republic of Bosnia and completely the flag protection amend- Executive Order No. 12808 and Execu- Herzegovina and, if they failed to do so ment, would not have reached Johnson. tive Order No. 12934 and to expanded by April 26, 1993, called on member What, then, is the utility of the sanctions against the Federal Republic states to take additional measures to McConnell statute, as a practical mat- of Yugoslavia (Serbia and Montenegro) tighten the embargo against the FRY ter, other than to kill the flag protec- (the ‘‘FRY (S&M)’’) and the Bosnian (S&M) and Serbian-controlled areas of tion amendment? Serbs contained in Executive Order No. the Republic of Bosnia and Herzegovina I urge my colleagues to support the 12810 of June 5, 1992 (57 FR 24347, June and the United Nations Protected substitute flag protection amendment 9, 1992), Executive Order No. 12831 of Areas in Croatia. Effective April 26, that we will offer and to reject the January 15, 1993 (58 FR 5253, January 1993, the order blocked all property and other amendments to be offered today. 21, 1993), Executive Order No. 12846 of interests in property of commercial, f April 25, 1993 (58 FR 25771, April 27, industrial, or public utility under- 1993), and Executive Order No. 12934 of takings or entities organized or located MESSAGES FROM THE PRESIDENT October 25, 1994 (59 FR 54117, October 27, in the FRY (S&M), including property Messages from the President of the 1994). and interests in property of entities United States were communicated to 1. Executive Order No. 12808 blocked (wherever organized or located) owned the Senate by Mr. Thomas, one of his all property and interests in property or controlled by such undertakings or secretaries. of the Governments of Serbia and Mon- entities, that are or thereafter come tenegro, or held in the name of the f within the possession or control of former Government of the Socialist United States persons. EXECUTIVE MESSAGES REFERRED Federal Republic of Yugoslavia or the On October 25, 1994, in view of UNSC Government of the Federal Republic of As in executive session the PRE- Resolution 942 of September 23, 1994, I Yugoslavia, then or thereafter located SIDING OFFICER laid before the Sen- issued Executive Order No. 12934 in in the United States or within the pos- ate messages from the President of the order to take additional steps with re- session or control of United States per- United States submitting sundry nomi- spect to the crisis in the former Yugo- sons, including their overseas nations which were referred to the ap- slavia (59 54117, October 27, 1994). branches. FR propriate committees. Executive Order No. 12934 expands the (The nominations received today are Subsequently, Executive Order No. 12810 expanded U.S. actions to imple- scope of the national emergency de- printed at the end of the Senate pro- clared in Executive Order No. 12808 to ceedings.) ment in the United States the United Nations sanctions against the FRY address the unusual and extraordinary f (S&M) adopted in United Nations Secu- threat to the national security, foreign REPORT ON BOSNIAN SERB SANC- rity Council (UNSC) Resolution 757 of policy, and economy of the United TIONS—MESSAGE FROM THE May 30, 1992. In addition to reaffirming States posed by the actions and poli- PRESIDENT RECEIVED DURING the blocking of FRY (S&M) Govern- cies of the Bosnian Serb forces and the THE ADJOURNMENT OF THE ment property, this order prohibited authorities in the territory in the Re- SENATE—PM 101 transactions with respect to the FRY public of Bosnia and Herzegovina that they control, including their refusal to Under the authority for the order of (S&M) involving imports, exports, deal- ing in FRY (S&M)-origin property, air accept the proposed territorial settle- the Senate of January 4, 1995, the Sec- ment of the conflict in the Republic of retary of the Senate on December 8, and sea transportation, contract per- formance, funds transfers, activity pro- Bosnia and Herzegovina. 1995, received a message from the The Executive order blocks all prop- President of the United States, to- moting importation or exportation or dealings in property, and official erty and interests in property that are gether with an accompanying report; in the United States, that hereafter which was referred to the Committee sports, scientific, technical, or other cultural representation of, or sponsor- come within the United States, or that on Banking, Housing, and Urban Af- are or hereafter come within the pos- fairs. ship by, the FRY (S&M) in the United States. session or control of United States per- To the Congress of the United States: Executive Order No. 12810 exempted sons (including their overseas On May 30, 1992, in Executive Order from trade restrictions (1) trans- branches) of: (1) the Bosnian Serb mili- No. 12808, the President declared a na- shipments through the FRY (S&M), tary and paramilitary forces and the tional emergency to deal with the and (2) activities related to the United authorities in areas of the Republic of threat to the national security, foreign Nations Protection Force Bosnia and Herzegovina under the con- policy, and economy of the United (UNPROFOR), the Conference on Yugo- trol of those forces; (2) any entity, in- States arising from actions and poli- slavia, or the European Community cluding any commercial, industrial, or cies of the Governments of Serbia and Monitor Mission. public utility undertaking, organized Montenegro, acting under the name of On January 15, 1993, President Bush or located in those areas of the Repub- the Socialist Federal Republic of Yugo- issued Executive Order No. 12831 to im- lic of Bosnia and Herzegovina under slavia or the Federal Republic of Yugo- plement new sanctions contained in the control of Bosnian Serb forces; (3) slavia, in their involvement in and sup- UNSC Resolution 787 of November 16, any entity, wherever organized or lo- port for groups attempting to seize ter- 1992. The order revoked the exemption cated, which is owned or controlled di- ritory in Croatia and the Republic of for transshipments through the FRY rectly or indirectly by any person in, Bosnia and Herzegovina by force and (S&M) contained in Executive Order or resident in, those areas of the Re- violence utilizing, in part, the forces of No. 12810, prohibited transactions with- public of Bosnia and Herzegovina under the so-called Yugoslav National Army in the United States or by a United the control of Bosnian Serb forces; and (57 FR 23299, June 2, 1992). I expanded States person relating to FRY (S&M) (4) any person acting for or on behalf of

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18361 any person within the scope of the applied to these vessels was upheld. In assist the United Nations in its relief above definitions. IPT Company, Inc. v. United States De- operations and the activities of the The Executive order also prohibits partment of the Treasury, No. 92 CIV 5542 UNPROFOR; and (10) for payment from the provision or exportation of services (S.D.N.Y. 1994), the district court also funds outside the United States where to those areas of the Republic of Bos- upheld the blocking authority as ap- a third country has licensed the trans- nia and Herzegovina under the control plied to the property of a Yugoslav sub- action in accordance with U.N. sanc- of Bosnian Serb forces, or to any per- sidiary located in the United States, tions. Pursuant to U.S. regulations im- son for the purpose of any business car- and the case was subsequently settled. plementing UNSC Resolutions, specific ried on in those areas, either from the 4. Over the past 6 months, the De- licenses have also been issued to au- United States or by a United States partments of State and Treasury have thorize exportation of food, medicine, person. The order also prohibits the worked closely with European Union and supplies intended for humanitarian entry of any U.S.-flagged vessel, other (the ‘‘EU’’) member states and other purposes in the FRY (S&M). than a U.S. naval vessel, into the U.N. member nations to coordinate im- During the period, FAC addressed the riverine ports of those areas of the Re- plementation of the U.N. sanctions status of the unallocated debt of the public of Bosnia and Herzegovina under against the FRY (S&M). This has in- former Yugoslavia by authorizing non- the control of Bosnian Serb forces. Fi- cluded continued deployment of Orga- blocked U.S. creditors under the New nally, any transaction by any United nization for Security and Cooperation Financing Agreement for Yugoslavia States person that evades or avoids, or in Europe (OSCE) sanctions assistance (Blocked Debt) to exchange a portion has the purpose of evading or avoiding, missions (SAMs) to Albania, Bulgaria, of the Blocked Debt for new debt or attempts to violate any of the prohi- Croatia, the Former Yugoslav Republic (bonds) issued by the Republic of Slo- bitions set forth in the order is prohib- of Macedonia, Hungary, Romania, and venia. The completion of this exchange ited. Executive order No. 12934 became Ukraine to assist in monitoring land will mark the transfer to Slovenia of effective at 11:59 p.m., e.d.t., on Octo- and Danube River traffic; support for sole liability for a portion of the face ber 25, 1994. the International Conference on the value of the $4.2 billion unallocated 2. The declaration of the national Former Yugoslavia (ICFY) monitoring debt of the FRY (S&M) for which Slo- emergency on May 30, 1992, was made missions along the Serbia-Montenegro- venia, prior to the authorized ex- pursuant to the authority vested in the Bosnia border; bilateral contacts be- change, was jointly and severally lia- President by the Constitution and laws tween the United States and other ble. The exchange will relieve Slovenia of the United States, including the countries for the purpose of tightening of the joint and several liability for the International Emergency Economic financial and trade restrictions on the remaining unallocated FRY (S&M) Powers Act (50 U.S.C. 1701 et seq.), the FRY (S&M); and ongoing multilateral debt and pave the way for its entry National Emergencies Act (50 U.S.C. meetings by financial sanctions en- into international capital markets. 1601 et seq.), and section 301 of title 3 of forcement authorities from various During the past 6 months, FAC has the United States Code. The emergency countries to coordinate enforcement continued to oversee the liquidation of declaration was reported to the Con- efforts and to exchange technical infor- tangible assets of the 15 U.S. subsidi- gress on May 30, 1992, pursuant to sec- mation. aries of entities organized in the FRY tion 204(b) of the International Emer- 5. In accordance with licensing policy (S&M). Subsequent to the issuance of gency Economic Powers Act (50 U.S.C. and the Regulations, the Office of For- Executive Order No. 12846, all operating 1703(b)) and the expansion of that na- eign Assets Control (FAC) has exer- licenses issued for these U.S.-located tional emergency under the same au- cised its authority to license certain Serbian or Montenegrin subsidiaries or thorities was reproted to the Congress specific transactions with respect to joint ventures were revoked, and the on October 25, 1994. The additional the FRY (S&M), which are consistent net proceeds of the liquidation of their sanctions set forth in related Executive with U.S. foreign policy and the Secu- assets placed in blocked accounts. orders were imposed pursuant to the rity Council sanctions. During the re- In order to reduce the drain on authority vested in the President by porting period, FAC has issued 90 spe- blocked assets caused by continuing to the Constitution and laws of the cific licenses regarding transactions rent commercial space, FAC arranged United States, including the statutes pertaining to the FRY (S&M) or assets to have the blocked personality, files, cited above, section 1114 of the Federal to owns or controls, bringing the total and records of the two Serbian banking Aviation Act (49 U.S.C. App. 1514), and specific licenses issued as of October 13, institutions in New York moved to se- section 5 of the United Nations Partici- 1995, to 1,020. Specific licenses have cure storage. The personality is being pation Act (22 U.S.C. 287c). been issued: (1) for payment to U.S. or liquidated, with the new proceeds 3. Effective June 30, 1995, the Federal third country secured creditors, under placed in blocked accounts. Republic of Yugoslavia (Serbia and certain narrowly defined cir- Following the sale of the M/V Montenegro) Sanctions Regulations, 31 cumstances, for preembargo import Kapetan Martinovic in January 1995, C.F.R. Part 585 (the ‘‘Regulations’’), and export transactions; (2) for legal five Yugoslav-owned vessels remain were amended to implement Executive representation or advice to the Govern- blocked in the United States. Approval Order No. 12934 (60 FR 34144, June 30, ment of the FRY (S&M) or FRY (S&M)- of the UNSC’s Serbian Sanctions Com- 1995). The name of the Regulations was located or controlled entities; (3) for mittee was sought and obtained for the changed to reflect the expansion of the the liquidation or protection of tan- sale of the M/V Kapetan Martinovic national emergency to the Bosnian gible assets of subsidiaries of FRY (and the M/V Bor, which was sold in Serbs, and now reads ‘‘Federal Repub- (S&M)-located or controlled firms lo- June 1994). lic of Yugoslavia (Serbia & Monte- cated in the United States; (4) for lim- With the FAC-licensed sales of the M/ negro) and Bosnian Serb-Controlled ited transactions related to FRY V Kapetan Martinovic and the M/V Areas of the Republic of Bosnia and (S&M) diplomatic representation in Bor, those vessels were removed from Herzegovina Sanctions Regulations.’’ A Washington and New York; (5) for pat- the list of blocked FRY (S&M) entities copy of the amended Regulations is at- ent, trademark, and copyright protec- and merchant vessels maintained by tached. tion in the FRY (S&M) not involving FAC. As of October 12, 1995, five addi- Treasury’s blocking authority as ap- payment to the FRY (S&M) Govern- tional vessels have been removed from plied to FRY (S&M) subsidiaries and ment; (6) for certain communications, the list of blocked FRY (S&M) entities vessels in the United States has been news media, and travel-related trans- and merchant vessels maintained by challenged in court. In Milena Ship actions; (7) for the payment of crews’ FAC as a result of sales conditions that Management Company, Ltd. v. Newcomb, wages, vessel maintenance, and emer- effectively extinguished any FRY 804 F.Supp. 846, 855, and 859 (E.D.L.A. gency supplies for FRY (S&M)-con- (S&M) interest: the M/V Blue Star, M/ 1992) aff’d, 995 F.2d 620 (5th Cir. 1993), trolled ships blocked in the United V Budva, M/V Bulk Star, M/V cert. denied, 114 S.Ct. 877 (1994), involv- States; (8) for the removal from the Hanuman, and M/V Sumadija. The new ing five ships owned or controlled by FRY (S&M), or protection within the owners of several other formerly Yugo- FRY (S&M) entities blocked in various FRY (S&M), of certain property owned slav-owned vessels, which have been U.S. ports, the blocking authority as and controlled by U.S. entities; (9) to sold in other countries, have petitioned

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18362 CONGRESSIONAL RECORD — SENATE December 11, 1995 FAC to remove those vessels from the in the Republics of Croatia and Bosnia the Executive Office of the President, trans- list. and Herzegovina by force and violence, mitting, pursuant to law, the report on ap- During the past 6 months, U.S. finan- and the actions and policies of the Bos- propriations legislation within five days of cial institutions have continued to enactment; to the Committee on the Budget. nian Serb forces and the authorities in EC–1672. A communication from the Direc- block funds transfers in which there is the areas of Bosnia and Herzegovina tor of the Office of Management and Budget, a possible interest of the Government under their control, continue to pose the Executive Office of the President, trans- of the FRY (S&M) or an entity or un- an unusual and extraordinary threat to mitting, pursuant to law, the report on ap- dertaking located in or controlled from the national security, foreign policy, propriations legislation within five days of the FRY (S&M), and to stop prohibited and economy of the United States. The enactment; to the Committee on the Budget. transfers to persons in the FRY (S&M). United States remains committed to a EC–1673. A communication from the Direc- The value of transfers blocked has tor of the Office of Management and Budget, multilateral resolution of the conflict the Executive Office of the President, trans- amounted to $137.5 million since the through implementation of the United mitting, pursuant to law, the report on ap- issuance of Executive Order No. 12808, Nations Security Council resolutions. propriations legislation within five days of including some $13.9 million during the I shall continue to exercise the pow- enactment; to the Committee on the Budget. past 6 months. ers at my disposal to apply economic EC–1674. A communication from the Ad- To ensure compliance with the terms sanctions against the FRY (S&M) and ministrator of the Federal Aviation Admin- of the licenses that have been issued the Bosnian Serb forces, civil authori- istration, transmitting, pursuant to law, the under the program, stringent reporting ties, and entities, as long as these report on the Traffice Alert and Collision requirements are imposed. More than Avoidance System for the period July 1 measures are appropriate, and will con- through September 30, 1995; to the Com- 318 submissions have been reviewed by tinue to report periodically to the Con- mittee on Commerce, Science, and Transpor- FAC since the last report, and more gress on significant developments pur- tation. than 130 compliance cases are cur- suant to 50 U.S.C. 1703(c). EC–1675. A communication from the Sec- rently open. WILLIAM J. CLINTON. retary of Transportation, transmitting, pur- 6. Since the issuance of Executive THE WHITE HOUSE, December 8, 1995. suant to law, report on the recommendations of the National Academy of Sciences and Order No. 12810, FAC has worked close- f ly with the U.S. Customs Service to en- other qualified organizations relative to en- sure both that prohibited imports and REPORT ORDERING THE SE- vironmental and operational safety of tank exports (including those in which the LECTED RESERVE OF THE vessels; to the Committee on Commerce, Science, and Transportation. Government of the FRY (S&M) or Bos- ARMED FORCES TO ACTIVE DUTY—MESSAGE FROM THE EC–1676. A communication from the Dep- nian Serb authorities have an interest) uty Associate Director for Compliance, Roy- are identified and interdicted, and that PRESIDENT RECEIVED DURING alty Management Program, Minerals Man- permitted imports and exports move to THE ADJOURNMENT OF THE agement Service, Department of the Inte- their intended destination without SENATE—PM–102 rior, transmitting, pursuant to law, notice of undue delay. Violations and suspected Under the authority of the order of the intention to make refunds of offshore violations of the embargo are being in- the Senate of January 4, 1995, the Sec- lease revenues where a refund or recoupment is appropriate; to the Committee on Energy vestigated and appropriate enforce- retary of the Senate on December 8, and Natural Resources. ment actions are being taken. Numer- 1995, received a message from the EC–1677. A communication from the Dep- ous investigations carried over from President of the United States, to- uty Associate Director for Compliance, Roy- the prior reporting period are con- gether with an accompanying report; alty Management Program, Minerals Man- tinuing. Since the last report, FAC has which was referred to the Committee agement Service, Department of the Inte- collected 10 civil penalties totaling on Armed Services. rior, transmitting, pursuant to law, notice of more than $27,000. Of these, five were To The Congress of the United States: the intention to make refunds of offshore I have today, pursuant to section lease revenues where a refund or recoupment paid by U.S. financial institutions for is appropriate; to the Committee on Energy violative funds transfers involving the 12304 of title 10, United States Code, and Natural Resources. Government of the FRY (S&M), per- authorized the Secretary of Defense, EC–1678. A communication from the Dep- sons in the FRY (S&M), or entities lo- and the Secretary of Transportation uty Associate Director for Compliance, Roy- cated or organized in or controlled with respect to the Coast Guard when alty Management Program, Minerals Man- from the FRY (S&M). One U.S. com- it is not operating as a service in the agement Service, Department of the Inte- pany and one air carrier have also paid Department of the Navy, to order to rior, transmitting, pursuant to law, notice of penalties related to unlicensed pay- active duty any units, and any indi- the intention to make refunds of offshore vidual members not assigned to a unit lease revenues where a refund or recoupment ments to the Government of the FRY is appropriate; to the Committee on Energy (S&M) or other violations of the Regu- organized to serve as a unit, of the Se- and Natural Resources. lations. Two companies and one law lected Reserve to perform such mis- EC–1679. A communication from the Dep- firm have also remitted penalties for sions the Secretary of Defense may de- uty Associate Director for Compliance, Roy- their failure to follow the conditions of termine necessary. The deployment of alty Management Program, Minerals Man- FAC licenses. United States forces to conduct oper- agement Service, Department of the Inte- 7. The expenses incurred by the Fed- ational missions in and around former rior, transmitting, pursuant to law, notice of eral Government in the 6-month period Yugoslavia necessitates this action. the intention to make refunds of offshore A copy of the Executive order imple- lease revenues where a refund or recoupment from May 30, 1995, through November is appropriate; to the Committee on Energy 29, 1995, that are directly attributable menting this action is attached. and Natural Resources. to the declaration of a national emer- WILLIAM J. CLINTON. EC–1680. A communication from the Ad- gency with respect to the FRY (S&M) THE WHITE HOUSE, December 8, 1995. ministrator of the Department of Health and and the Bosnian Serb forces and au- f Human Services, transmitting, pursuant to law, a report relative to the Rural Health thorities are estimated at about $3.5 EXECUTIVE AND OTHER million, most of which represent wage Care Transition Grant Program; to the Com- COMMUNICATIONS mittee on Finance. and salary costs for Federal personnel. Personnel costs were largely centered The following communications were f in the Department of the Treasury laid before the Senate, together with INTRODUCTION OF BILLS AND (particularly in FAC and its Chief accompanying papers, reports, and doc- JOINT RESOLUTIONS Counsel’s Office, and the U.S. Customs uments, which were referred as indi- cated: The following bills and joint resolu- Service), the Department of State, the tions were introduced, read the first National Security Council, the U.S. EC–1670. A communication from the Direc- tor of the Office of Management and Budget, and second time by unanimous con- Coast Guard, and the Department of sent, and referred as indicated: Commerce. the Executive Office of the President, trans- mitting, pursuant to law, the report on ap- By Mr. GRAHAM: 8. The actions and polices of the Gov- propriations legislation within five days of S. 1462. A bill to amend the Agricultural ernment of the FRY (S&M), in its in- enactment; to the Committee on the Budget. Adjustment Act to provide that imported to- volvement in and support for groups EC–1671. A communication from the Direc- matoes are subject to packing standards con- attempting to seize and hold territory tor of the Office of Management and Budget, tained in marketing orders issued by the

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18363 Secretary of Agriculture, and for other pur- for many of them began in Viet Nam, fer, some of these firefighters lost more poses; to the Committee on Agriculture, Nu- became Los Alamos County employees. than $20,000 in retirement funds that trition, and Forestry. At the time, the firefighters were told they had accrued with the Federal Gov- S. 1463. A bill to amend the Trade Act of 1974 to clarify the definitions of domestic in- by the Department of Energy that they ernment. And, as a result of the trans- dustry and like articles in certain investiga- would be transferred ‘‘as whole,’’ mean- fer, these individuals, who have served tions involving perishable agricultural prod- ing they would lose no benefits. Unfor- an average of 15 years with the Depart- ucts, and for other purposes; to the Com- tunately, that did not happen largely ment of Energy, no longer have retire- mittee on Finance. due to changes in administration at ment benefits. Clearly, this is a situa- By Mr. DOMENICI (for himself and Mr. the Department of Energy and Los Ala- tion that must be remedied as soon as BINGAMAN): mos County. possible. S. 1464. A bill for the relief of certain former employees of the United States whose Each firefighter received a severance Mr. President, with the support of firefighting functions were transferred from payment, in accordance with normal Senator DOMENICI I am sure that we the Department of Energy to Los Alamos practice, that included reimbursement will finally be able to provide these County, New Mexico; to the Committee on for moneys each had contributed to the firefighters with the compensation for Governmental Affairs. Federal retirement system. However, lost retirement benefits they have in- By Mr. HELMS (for himself, Mr. DODD, that payment was significantly less curred as a result of the transfer of and Mr. KERRY): than the amount required to purchase S. 1465. A bill to extend au pair programs; their responsibilities from the Federal to the Committee on Foreign Relations. service time in the retirement program Government to the State of New Mex- By Mr. MCCAIN (for himself, Mr. available to Los Alamos County em- ico and I look forward to working for BIDEN, and Mr. MACK): ployees equivalent to their time of the prompt consideration and passage S. 1466. A bill to amend title II of the So- Federal service. of this legislation.∑ cial Security Act to provide for increases in The result is straightforward; these the amounts of allowable earnings under the firefighters, who continue to perform By Mr. BURNS (for himself and social security earnings limit for individuals exactly the same work today as when who have attained retirement age, and for Mr. BAUCUS): other purposes; to the Committee on Fi- they were Department of Energy em- S. 1467. A bill to authorize the con- nance. ployees, have lost the majority of their struction of the Fort Peck Rural Coun- By Mr. BURNS (for himself and Mr. retirement because the Federal Gov- ty Water Supply System, to authorize BAUCUS): ernment has failed to meet its obliga- assistance to the Fort Peck Rural S. 1467. A bill to authorize the construction tion to transfer them ‘‘as whole.’’ County Water District, Inc., a non- of the Fort Peck Rural County Water Supply These are dedicated workers who con- profit corporation, for the planning, de- System, to authorize assistance to the Fort tinue to provide vital firefighting serv- Peck Rural County Water District, Inc., a sign, and construction of the water nonprofit corporation, for the planning, de- ice to Los Alamos County and the Los supply system, and for other purposes; sign, and construction of the water supply Alamos National Laboratory. They to the Committee on Energy and Nat- system, and for other purposes; to the Com- should be treated fairly. ural Resources. mittee on Energy and Natural Resources. The legislation I am introducing THE FORT PECK RURAL COUNTY WATER SUPPLY By Mr. HELMS (for himself, Mr. THOM- today would remedy this unfairness. It SYSTEM ACT OF 1995 AS, and Mr. MACK): would direct the Federal Government ∑ S.J. Res. 43. A joint resolution expressing pay to the firefighters current State Mr. BURNS. Mr. President, in July; I the sense of Congress regarding Wei retirement program a sum that when introduced S. 1154, a bill to authorize Jingsheng; Gedhun Choekyi Nyima, the next construction of the Fort Peck Rural Panchen Lama of Tibet; and the human combined with the severance payment made to the firefighters upon their County Water Supply System in Valley rights practices of the Government of the County, MT. Since the introduction of People’s Republic of China; to the Com- transfer would provide the firefighters mittee on Foreign Relations. with a service credit in the State pro- this bill, my staff has been meeting with the Senate Energy Committee f gram equivalent to their Federal time of service. The result would be that the staff concerning the bill and its provi- STATEMENTS ON INTRODUCED sions. In addition, I have had discus- BILLS AND JOINT RESOLUTIONS firefighters retirement would not be impacted by the change from Federal sions with the other members of the By Mr. DOMENICI (for himself and Mr. to county status. Montana congressional delegation BINGAMAN): Mr. President, there is some urgency about this urgent situation under S. 1464. A bill for the relief of certain to this matter. A number of these fire- which hundreds of people must haul former employees of the United States fighters are approaching retirement their water supplies for miles because whose firefighting functions were age. Without the benefits of this legis- of the contamination of the ground transferred from the Department of lation, they will be entitle to almost water. Based on all of these discus- Energy to Los Alamos County, NM; to no retirement benefits when they reach sions, the legislation has been re- the Committee on Governmental Af- the mandatory retirement age for fire- drafted for reintroduction today to re- fairs. fighters. flect the comments of the Energy Com- LOS ALAMOS FIREFIGHTERS I hope my colleagues will give mittee staff. I want to thank Chairman LEGISLATION prompt and considered attention to MURKOWSKI and his staff for their help Mr. DOMENICI. Mr. President, I in- this matter. in streamlining this bill. I am pleased troduce legislation that will enable the ∑ Mr. BINGAMAN. Mr. President, I am to be joined in the sponsorship of this Federal Government to fulfill an out- pleased to join with my friend and col- bill by my colleague, Senator BAUCUS. standing obligation to a small, dedi- league, the senior Senator from New I appreciated his assistance with this cated group that has committed years Mexico, Senator DOMENICI, in intro- measure. An identical bill will also be of service in the national interest. ducing legislation today that will fair- introduced in the House of Representa- In 1989, firefighting responsibilities ly compensate a group of dedicated tives by Representative PAT WILLIAMS. in Los Alamos, NM, were transferred former Federal employees for the loss The Montana delegation is unified in from the Department of Energy to Los of retirement benefits that they experi- our efforts to obtain congressional au- Alamos County. The transfer was part enced as a result of the transfer of thorization for this rural water system of a larger, continuing effort to divest their duties from the Department of to help this depressed area of our the Federal Government of functions Energy to the County of Los Alamos, State. We look forward to working normally performed by State and local NM. with Senator MURKOWSKI to move this government that the Federal Govern- Mr. President, in 1989, the responsi- bill to hearings and a markup. ment has performed in Los Alamos bility for the Los Alamos Fire Depart- Mr. President, I ask unanimous con- since the Manhattan Engineering Dis- ment, which jointly serves the Los Ala- sent that the text of this bill be printed trict assumed control of all activities mos National Laboratories and Los Al- in the RECORD. at Los Alamos during World War II. amos County municipality, was trans- There being no objection, the bill was The transfer affected 43 firefighters ferred from the Department of Energy ordered to be printed in the RECORD, as who, after years of Federal service that to the county. As a result of the trans- follows:

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18364 CONGRESSIONAL RECORD — SENATE December 11, 1995 S. 1476 ∑ Mr. BAUCUS. Mr. President, today, I small employers, and for other pur- Be it enacted by the Senate and House of Rep- am pleased to join Senator BURNS in poses. resentatives of the United States of America in introducing legislation to ensure that S. 1200 Congress assembled, the over 500 people who live near Fort At the request of Ms. SNOWE, the SECTION 1. SHORT TITLE. Peck Reservoir have a safe, dependable name of the Senator from Wisconsin This Act may be cited as the ‘‘Fort Peck domestic water supply. Currently those Rural County Water Supply System Act of [Mr. KOHL] was added as a cosponsor of 1995’’. who live adjacent to one of the largest S. 1200, a bill to establish and imple- SEC. 2. DEFINITIONS. bodies of water ever developed by the ment efforts to eliminate restrictions For the purposes of this Act: Federal Government in the West, the on the enclaved people of Cyprus. (1) CONSTRUCTION.—The term ‘‘construc- Fort Peck Reservoir, are forced to S. 1224 tion’’ means such activities associated with travel many miles several times a At the request of Mr. GRASSLEY, the the actual development or construction of week to fill tanks and barrels for their facilities as are initiated on execution of name of the Senator from Maine [Mr. domestic water use. COHEN] was added as a cosponsor of S. contracts for construction. This bill will authorize the develop- (2) DISTRICT.—The term ‘‘District’’ means 1224, a bill to amend subchapter IV of the Fort Peck Rural County Water District, ment of a rural municipal water sys- chapter 5 of title 5, United States Code, Inc., a non-profit corporation in Montana. tem for the residents of the Fort Peck relating to alternative means of dis- (3) FEASIBILITY STUDY.—The term ‘‘feasi- Rural Water District in northeastern pute resolution in the administrative bility study’’ means the study entitled Montana. The project will tap into process, and for other purposes. ‘‘Final Engineering Report and Alternative Fort Peck Reservoir to construct a safe S. 1228 Evaluation for the Fort Peck Rural County and reliable drinking system for both At the request of Mr. D’AMATO, the Water District’’, dated September 1994. municipal and agricultural purposes. It (4) PLANNING.—The term ‘‘planning’’ means names of the Senator from Illinois [Ms. will also enable this scenic area of activities such as data collection, evalua- MOSELEY-BRAUN] and the Senator from Montana to attract economic develop- tion, design, and other associated Washington [Mrs. MURRAY] were added ment which has been stifled due to the preconstruction activities required prior to as cosponsors of S. 1228, a bill to im- the execution of contracts for construction. lack of water. pose sanctions on foreign persons ex- (5) SECRETARY.—The term ‘‘Secretary’’ I propose that this project be a part- porting petroleum products, natural means the Secretary of the Interior. nership between the Federal Govern- (6) WATER SUPPLY SYSTEM.—The term gas, or related technology to Iran. ment, the State of Montana, and local ‘‘water supply system’’ means the Fort Peck S. 1296 Rural County Water Supply System, to be interests. The State and local groups At the request of Mr. HATCH, the established and operated substantially in ac- will contribute 20 percent of the cost of cordance with the feasibility study. the project’s completion. A needs as- name of the Senator from Nebraska [Mr. EXON] was added as a cosponsor of SEC. 3. FEDERAL ASSISTANCE FOR WATER SUP- sessment and feasibility study con- PLY SYSTEM. ducted by the Bureau of Reclamation S. 1296, a bill to amend the Employee (a) IN GENERAL.—Upon request of the Dis- [BOR] has completed a needs assess- Retirement Income Security Act of trict, the Secretary shall enter into a coop- ment and feasibility study that esti- 1974 to clarify the treatment of a quali- erative agreement with the District for the fied football coaches plan. planning, design, and construction by the mates the total Federal expenditure SENATE CONCURRENT RESOLUTION 11 District of the water supply system. will be less than $6 million. (b) SERVICE AREA.—The water supply sys- If we can afford to spend millions of At the request of Ms. SNOWE, the tem shall provide for safe and adequate rural dollars developing domestic water sup- name of the Senator from New Hamp- water supplies under the jurisdiction of the plies in other nations around the shire [Mr. SMITH] was added as a co- District in Valley County, northeastern world, we can and should be able to do sponsor of Senate Concurrent Resolu- Montana (as described in the feasibility the same for Montanans. tion 11, a concurrent resolution sup- study). porting a resolution to the long-stand- (c) AMOUNT OF FEDERAL CONTRIBUTION.— I urge the committee to take prompt (1) IN GENERAL.—Subject to paragraph (3), action on this critical measure and will ing dispute regarding Cyprus. under the cooperative agreement, the Sec- work toward expeditious passage f retary shall pay the Federal share of— through the full Senate.∑ (A) costs associated with the planning, de- AMENDMENTS SUBMITTED f sign, and construction of the water supply system (as identified in the feasibility ADDITIONAL COSPONSORS study); and THE AMERICAN FLAG CONSTITU- (B) such sums as are necessary to defray S. 413 TIONAL AMENDMENT OF 1995 increases in the budget. At the request of Mr. DASCHLE, the (2) FEDERAL SHARE.—The Federal share re- name of the Senator from Michigan ferred to in paragraph (a) shall be 80 percent [Mr. LEVIN] was added as a cosponsor of BIDEN AMENDMENT NO. 3093 and shall not be reimbursable. S. 413, a bill to amend the Fair Labor Mr. BIDEN proposed an amendment (3) TOTAL.—The amount of Federal funds made available under the cooperative agree- Standards Act of 1938 to increase the to the joint resolution (S.J. Res. 31) ment shall not exceed the amount of funds minimum wage rate under such Act, proposing an amendment to the Con- authorized to be appropriated under section and for other purposes. stitution of the United States to grant 4. S. 704 Congress and the States the power to (4) LIMITATIONS.—Not more than 5 percent At the request of Mr. SIMON, the prohibit the physical desecration of the of the amount of Federal funds made avail- flag of the United States; as follows: able to the Secretary under section 4 may be names of the Senator from North Da- used by the Secretary for activities associ- kota [Mr. DORGAN] and the Senator Strike all after the resolving clause and in- ated with— from New Mexico [Mr. BINGAMAN] were sert the following: That the following article (A) compliance with the National Environ- added as cosponsors of S. 704, a bill to is proposed as an amendment to the Con- mental Policy Act of 1969 (42 U.S.C. 4321 et establish the Gambling Impact Study stitution of the United States, which shall be valid to all intents and purposes as part of seq.); and Commission. (B) oversight of the planning, design, and the Constitution if ratified by the legisla- construction by the District of the water S. 1028 tures of three-fourths of the several States supply system. At the request of Mrs. KASSEBAUM, within seven years after its submission to SEC. 4. AUTHORIZATION OF APPROPRIATIONS. the names of the Senator from Mis- the States for ratification: There are authorized to be appropriated to sissippi [Mr. COCHRAN] and the Senator ‘‘ARTICLE — carry out this Act $5,800,000, to remain avail- from South Carolina [Mr. HOLLINGS] ‘‘SECTION 1. The Congress shall have power able until expended. The funds authorized to were added as cosponsors of S. 1028, a to enact the following law: be appropriated may be increased or de- bill to provide increased access to ‘‘ ‘It shall be unlawful to burn, mutilate, or creased by such amounts as are justified by health care benefits, to provide in- trample upon any flag of the United States. reason of ordinary fluctuations in develop- ‘‘ ‘This law does not prohibit any conduct ment costs incurred after October 1, 1994, as creased portability of health care bene- consisting of the disposal of the flag when it indicated by engineering cost indices appli- fits, to provide increased security of has become worn or soiled.’. cable to the type of construction project au- health care benefits, to increase the ‘‘SECTION 2. As used in this article, the thorized under this Act. ∑ purchasing power of individuals and term ‘flag of the United States’ means any

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18365 flag of the United States adopted by Con- of the Federal Old-Age and Survivors Insur- ‘‘§ 700. Incitement; damage or destruction of gress by law, or any part thereof, made of ance Trust Fund and Federal Disability In- property involving the flag of the United any substance, of any size, in a form that is surance Trust Fund (as and if modified to States commonly displayed. preserve the solvency of the funds) used to ‘‘(a) ACTIONS PROMOTING VIOLENCE.—Any ‘‘SECTION 3. The Congress shall have the provide old age, survivors, and disabilities person who destroys or damages a flag of the power to prescribe appropriate penalties for benefits shall not be counted as receipts or United States with the primary purpose and the violation of a statute adopted pursuant outlays for the purpose of this article. intent to incite or produce imminent vio- to section 1.’’. ‘‘SECTION 8. This article shall take effect lence or a breach of the peace, and in cir- beginning with fiscal year 2002 or with the cumstances where the person knows it is rea- HATCH (AND OTHERS) second fiscal year beginning after its ratifi- sonably likely to produce imminent violence AMENDMENT NO. 3094 cation, whichever is later.’’ or a breach of the peace, shall be fined not more than $100,000 or imprisoned not more Mr. HATCH (for himself, Mr. HEFLIN, AMENDMENT NO. 3096 than 1 year, or both. and Mrs. FEINSTEIN) proposed an After the first article add the following: ‘‘(b) DAMAGING A FLAG BELONGING TO THE amendment to the joint resolution ‘‘ARTICLE UNITED STATES.—Any person who steals or knowingly converts to his or her use, or to (S.J. Res. 31) supra; as follows: ‘‘SECTION 1. Congress shall have power to Strike all after the resolving clause and in- set reasonable limit on expenditures made in the use of another, a flag of the United sert the following: That the following article support of or in opposition to the nomina- States belonging to the United States and is proposed as an amendment to the Con- tion or election of any person to Federal of- intentionally destroys or damages that flag stitution of the United States, which shall be fice. shall be fined not more than $250,000 or im- prisoned not more than 2 years, or both. valid to all intents and purposes as part of ‘‘SECTION 2. Each State shall have power to ‘‘(c) DAMAGING A FLAG OF ANOTHER ON FED- the Constitution if ratified by the legisla- set reasonable limits on expenditures made ERAL LAND.—Any person who, within any tures of three-fourths of the several States in support of or in opposition to the nomina- lands reserved for the use of the United within seven years after its submission to tion or election of any person to State office. States, or under the exclusive or concurrent the States for ratification: ‘‘SECTION 3. Each local government of gen- jurisdiction of the United States, steals or ‘‘ARTICLE — eral jurisdiction shall have power to set rea- sonable limits on expenditures made in sup- knowingly converts to his or her use, or to ‘‘The Congress shall have power to prohibit port of or in opposition to the nomination or the use of another, a flag of the United the physical desecration of the flag of the election of any person to office in that gov- States belonging to another person, and in- United States.’’. ernment. No State shall have power to limit tentionally destroys or damages that flag the power established by this section. shall be fined not more than $250,000 or im- HOLLINGS AMENDMENTS NOS. ‘‘SECTION 4. Congress shall have power to prisoned not more than 2 years, or both. 3095–3096 implement and enforce this article by appro- ‘‘(d) CONSTRUCTION.—Nothing in this sec- priate legislation.’’. tion shall be construed to indicate an intent Mr. HOLLINGS proposed two amend- on the part of Congress to deprive any State, ments to the joint resolution (S.J. Res. territory or possession of the United States, 31) supra; as follows: MCCONNELL (AND OTHERS) or the Commonwealth of Puerto Rico of ju- AMENDMENT NO. 3097 risdiction over any offense over which it AMENDMENT NO. 3095 Mr. MCCONNELL (for himself, Mr. would have jurisdiction in the absence of After the first article add the following: this section. BENNETT, Mr. DORGAN, and Mr. BUMP- ‘‘ARTICLE ‘‘(e) DEFINITION.—As used in this section, ERS) proposed an amendment to the the term ‘flag of the United States’ means ‘‘SECTION 1. Total outlays for any fiscal joint resolution (S.J. Res. 31) supra; as year shall not exceed total receipts for that any flag of the United States, or any part fiscal year, unless three-fifths of the whole follows: thereof, made of any substance, in any size, number of each House of Congress shall pro- Strike all after the resolving clause and in- in a form that is commonly displayed as a vide by law for a specific excess of outlays sert the following: flag and would be taken to be a flag by the over receipts by a rollcall vote. SECTION 1. SHORT TITLE. reasonable observer.’’. ‘‘SECTION 2. The limit on the debt of the This Act may be cited as the ‘‘Flag Protec- (b) CLERICAL AMENDMENT.—The table of United States held by the public shall not be tion and Free Speech Act of 1995’’. sections for chapter 33 of title 18, United increased, unless three-fifths of the whole SEC. 2. FINDINGS AND PURPOSE. States Code, is amended by striking the item relating to section 700 and inserting the fol- number of each House shall provide by law (a) FINDINGS.—The Congress finds that— for such an increase by a rollcall vote. (1) the flag of the United States is a unique lowing new item: ‘‘SECTION 3. Prior to each fiscal year, the symbol of national unity and represents the ‘‘700. Incitement; damage or destruction of President shall transmit to the Congress a values of liberty, justice, and equality that property involving the flag of proposed budget for the United States gov- make this Nation an example of freedom un- the United States.’’. ernment for that fiscal year, in which total matched throughout the world. f outlays do not exceed total receipts. (2) the Bill of Rights is a guarantee of ‘‘SECTION 4. No bill to increase revenue those freedoms and should not be amended in ADDITIONAL STATEMENTS shall become law unless approved by a ma- a manner that could be interpreted to re- jority of the whole number of each House by strict freedom, a course that is regularly re- a rollcall vote. sorted to by authoritarian governments SENATE HOMEPAGE RATED TOP 5 ‘‘SECTION 5. The Congress may waive the which fear freedom and not by free and PERCENT provisions of this article for any fiscal year democratic nations; ∑ Mr. WARNER. Mr. President, in Oc- in which a declaration of war is in effect. (3) abuse of the flag of the United States tober of this year I announced the Sen- The provisions of this article may be waived causes more than pain and distress to the for any fiscal year in which the United overwhelming majority of the American peo- ate presence on the World Wide Web. States is engaged in military conflict which ple and may amount to fighting words or a Today I am pleased to announce the causes an imminent and serious military direct threat to the physical and emotional Senate’s Homepage on the World Wide threat to national security and is so declared well-being of individuals at whom the threat Web has been rated among the top 5 by a joint resolution, adopted by a majority is targeted; and percent of all Web sites on the Internet of the whole number of each House, which (4) destruction of the flag of the United by an independent group. This group, becomes law. States can be intended to incite a violent re- Point Survey, called the Senate’s Web ‘‘SECTION 6. The Congress shall enforce and sponse rather than make a political state- presentation ‘‘the best place to learn implement this article by appropriate legis- ment and such conduct is outside the protec- lation, which may rely on estimates of out- tions afforded by the first amendment to the about how the Senate really works’’ lays and receipts. The judicial power of the United States Constitution. and call it ‘‘a valuable site.’’ United States shall not extend to any case or (b) PURPOSE.—It is the purpose of this Act The Senate Homepage is proving to controversy arising under this article except to provide the maximum protection against be a tool that allows citizens to better as may be specifically authorized by legisla- the use of the flag of the United States to understand the constitutional and his- tion adopted pursuant to this section. promote violence while respecting the lib- torical role of this institution, and its ‘‘SECTION 7. Total receipts shall include all erties that it symbolizes. underlying responsibilities within our receipts of the United States government ex- SEC. 3. PROTECTION OF THE FLAG OF THE society. cept those derived from borrowing. Total UNITED STATES AGAINST USE FOR outlays shall include all outlays of the PROMOTING VIOLENCE. Again I would like to acknowledge United States government except those for (a) IN GENERAL.—Section 700 of title 18, the hard work of Howard O. Greene, repayment of debt principal. The receipts United States Code, is amended to read as Senate Sergeant at Arms; Kelly D. (including attributable interest) and outlays follows: Johnston, Secretary of the Senate; and

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18366 CONGRESSIONAL RECORD — SENATE December 11, 1995 Paul D. Steel, director of Information sources, is a first order principle of national has contributed immeasurably to strength- Systems and Technology, Committee and international life. ening this development. The global village on Rules and Administration for mak- Yet we are all aware that major problems has highlighted our global responsibilities. persist. Torture, inhuman prison conditions, ing this effort a success.∑ Second, that the effective protection of unfair trials, and famine have not been human rights is indissociably linked to f eradicated although we take a certain pride international peace and security. Internal PRESIDENT ROBINSON’S ADDRESS in the institutions and procedures that we disorder, civil war, heightened regional and have set up to deal with them. Ethnic cleans- ON HUMAN RIGHTS international tension can in our recent his- ing and the daily spectacle of civilian casual- tory, be causally related to violations of ∑ Mr. KENNEDY. Mr. President, yes- ties in Sarajevo remind us that the evils of human or minority rights. Respect for terday was International Human the past cast a long shadow. In a real sense human rights is thus essential for genuine Rights Day, a day to mark how far the the World Conference on Womens’ Rights in peace. world has come toward respect for Beijing was all about the failure to honour our commitments to women, particularly in Third, that human rights are universal and human rights, and also a day to reflect the areas of protection against violence and indivisible. The principle of universality of on how far we have to go. sexual abuse. human rights was asserted by the Universal In October, President Mary Robinson We do not have cause for satisfaction. The Declaration of Human Rights. It is the cen- of Ireland gave an address at Yale Law essential theme of my remarks, having re- tral pillar on which all else rests and has School in which she discussed the often turned a few days ago from Rwanda, is that come under increasing attack over the last decade under the guise of ‘‘regional particu- inadequate response to extreme human we should reflect even more on our political commitment to invest our human rights larities’’. To the great credit of the World rights crises around the world. She Conference on Human Rights, the principle spoke of the universal acceptance of mission with the resources that match the strength of our beliefs, and that our failure that the protection of human rights is a duty the key principles of the international to do so—when confronted with situations for all states, irrespective of their political, human rights movement and the value such as that in Rwanda which cry out for a economical or cultural system, was emphati- of activities by the United Nations and more committed, more integrated and more cally re-affirmed. Let me quote from Para- regional organizations which set resourced response—compromises our graph 3 of the Vienna Declaration and Pro- human rights standards. Having re- achievements, blunts our sensitivities to sit- gramme of Action, adopted by consensus by the member states of the United Nations: cently returned from Rwanda and uations where gross violations are taking Zaire, she poignantly described the place and diminishes our capacity to trans- ‘‘All human rights are universal, indivis- ible and interdependent and inter-related. gross human rights violations there mit these values meaningfully to succeeding generations. In other words, acquiescence to The international community must treat and the failure of the world to make an a low level of response is an affront to the human rights globally in a fair and equal adequate response. At the end of her principle of the universality of human manner, on the same footing and with the address, she notes that these basic rights. same emphasis.’’ principles of human rights are also at As you will have gathered, I have chosen Side by side with the development of what stake in Bosnia. this title with great anxiety—the anxiety, I have called the principle of universality When President Clinton visited Ire- firstly, of a lawyer confronted by the con- stand the vital standard-setting activities of land 10 days ago, he invited President tradictions between promise and perform- the United Nations and regional bodies such ance. The anxiety, secondly, of a Head of as the Council of Europe, the Organisation of Robinson to the United States for a State returning from a visit to Rwanda and state visit in June 1996. I look forward American States and the Organisation of Af- Zaire, who has been exposed in the literal rican Unity. The catalogue of human rights to her visit, and I ask that her address sense of that term, and for the second time, and freedoms set out inter alia in the United at Yale be printed in the RECORD. to the terrible humanitarian aftermath of Nations Covenants, the European Conven- The address follows: genocide and its accompanying social, polit- tion on Human Rights, the American Con- THE NEED TO HONOUR DEVELOPMENT HUMAN ical and economic disintegration. A witness vention on Human Rights, the African Char- RIGHTS COMMITMENTS also to the continued inability of the inter- ter of Human and People’s Rights and other national community to rouse itself suffi- SPEECH BY PRESIDENT MARY ROBINSON major human rights treaties form the cen- ciently to bring greater hope and promise to tral core of a corpus of universal human It is an enormous pleasure to be here this that land of despair and tragedy. The anx- rights standards encompassing both civil and evening. I recall when I was studying law at iety, lastly, of a witness left speechless and political as well as social, economic and cul- a place just outside Boston in the late ’60s, fumbling for the correct and appropriate re- tural rights. this institution was referred to as ‘‘that sponse in the face of our own inadequacies as other place in New Haven’’. The compliment There are several remarkable features a community of human beings when faced, about standard-setting activities which implied in not naming that other place natu- eyeball to eyeball, with human disaster on rally whetted my interest, but this is the merit being highlighted in an era where the such an overwhelming scale. emphasis—quite properly—is on enforcement first opportunity I have had to visit. I am The contradiction, witnessed painfully in and effectiveness. greatly honoured to be here as the 1995 Rwanda, between, our lofty human rights Sherril lecturer. values on the one hand, and the pressure of The first is that the relevant treaty stand- The title of my address this evening—the reality on the other, provokes a natural and ards not only define the States’ inter- need to honour developing human rights human response. I hear the words ‘‘Never national obligations to its inhabitants and commitments—has been carefully chosen to again’’—the call that became the ‘leitmotif’ to the international community at large but provide me with an opportunity to comment for the development of human rights this also directly impact on the content and qual- on the state of our commitment at the end of century—and am deeply dismayed and an- ity of national law. In many countries these the century. gered at the human capacity for self-delu- standards have the force of law and can be I use the term ‘‘honour’’ as opposed to sion. enforced directly through local courts. In- ‘‘compliance’’ or ‘‘conformity’’ because the But this despair should not lead us to be deed, some of the most important principles, lives and integrity of human beings are at distracted from the real advances that have for example the prohibition against torture stake and because it calls on our notions of been made, at both the regional and the uni- and slavery, have become part of the cus- dignity and moral obligation. The word versal level, in the protection and promotion tomary law of nations. International norms ‘‘commitment’’ has been chosen because it of human rights and in the central position have also become an essential vade-mecum goes further than both legal or moral obliga- that the concept of human rights now occu- for NGO’s, providing them with a focused set tion—while eccompassing both. It also con- pies in the world stage. of standards to guide them in their work and notes the idea of being ‘‘committed’’ to a In a very short space of time three key judgment. In these different ways, the speci- great cause at a higher level of obligation, as ideas which underpin the entire inter- ficity of international human rights law can well as a preparedness to take steps to pro- national human rights movement have come exercise a vitally important influence on na- mote and further that cause, without inter- to be accepted universally. They are all con- tional arrangements and can lead to an im- rogating the legal necessity or obligation to nected to what can be called the principle of provement in people’s lives. I believe that do so. In the area of human rights one can universality. the role human rights law has played, and find no greater elucidation of the meaning of First, that countries can no longer say continues to play, in shaping the legislative ‘‘commitment’’ than in the Preamble to the that how they treat their inhabitants is sole- agendas of the new democracies in eastern Universal Declaration of Human Rights. ly their own business. The concept of human and central Europe, not to mention the new Lastly, I am conscious that our human rights has torn down (though not completely South Africa, cannot be underestimated. The rights commitments are dynamic and not destroyed) the sometimes oppressive veil of authoritative interpretation of these stand- static. They are constantly evolving and de- domestic jurisdiction. The role of the media ards by the European and American Courts veloping. At the end of this millennium the in showing us the dramatic pictures of civil- of Human Rights and by other treaty bodies, honouring of developing human rights com- ians being cut down in Sarajevo, of the fam- adds a further important dimension to the mitments, to the best of our abilities and re- ine in Somalia or of the genocide in Rwanda, effectiveness of this process.

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18367 My second observation is central to the today? Has the United Nations honoured its bitrary detention with no court process, in- theme of developing human rights commit- human rights vocation? Has the inter- humane conditions of detention, and impu- ments. Standard-setting, regionally and uni- national community, behind the persona of nity for past human rights violations. Other versally, is a continuous on-going process. the United Nations, honoured its human violations occur on a lesser scale; they in- The UN Torture Convention and the Conven- rights commitments? clude torture and arbitrary killings. tion on the Rights of the Child are examples I ask these questions because my own There have been two particular human of the developing nature of the law. But re- sense of justice has been outraged by what I rights initiatives in response to the scale of gard must also be had to the numerous and have witnessed there in a manner which de- this problem: an International Tribunal to increasingly influential non-treaty standards fies my powers of articulation and expla- try the main perpetrators of the genocide embodied in instruments such as the Stand- nation. The facts plead for themselves. and a human rights field operation under the ard Minimum Rules for the Treatment of A year ago I visited this small country in High Commissioner for Human Rights. The Prisoners, the Body of Principles for the Pro- the aftermath of the genocide of up to a mil- inadequacies of both initiatives show all too tection of All Persons under any form of De- lion people and the breakdown of civil soci- clearly our failure to understand the funda- tention or Imprisonment or the Declaration ety. The structures of government had been mental necessity to integrate a resourced on the Elimination of Violence against destroyed by the killings and the massive ex- human rights response with the peace- Women. odus which followed. In the capital, Kigali, I keeping role and the humanitarian relief. However it seems clear that it is in re- saw appalling evidence of that genocide. In Following my visit last year I urged upon sponding to the most severe and pressing many churches thousands who had fled for all Heads of State the importance of estab- human rights problems that much progress sanctuary were slaughtered. lishing the International Tribunal without needs to be made. Can there be any doubt Returning a year later I noted courageous delay and beginning the healing process that the credibility of the international com- progress by the Rwandan Government in re- through prosecutions of the ringleaders. It munity’s attachment to the cause of human building their society, and appreciated the was approved by Security Council resolution rights is intimately bound up with its ability access they gave me to the places I felt I last November but one year later there has to respond effectively to situations where must see. On this visit I travelled to not been a single indictment, although it is hoped to have the first prosecutions before human rights are being grossly violated? The Nyarabuye, near the Tanzanian border, the end of this year or early next year. When Secretary-General of the United Nations rec- where a hilltop church and school complex I met the Deputy Prosecutor in Kigali last ognized this in his 1992 report on the work of have become a national place of commemo- week he confirmed that the problem was the UN when he observed that while the UN ration. The bodies of several thousand men lack of resources. was responding adequately to ‘‘normal situa- are in mass graves outside, where they had tried to defend the women, the children, the The Human Rights Field Operation in tions’’ it had not been able to act effectively Rwanda was entrusted by the UN system and in the area of massive human rights viola- old people. Inside I was shown the heaped, rotted bodies and decayed clothes of those by the Government of Rwanda with the fol- tions. lowing integrated mandate: (a) to carry out We seem to have created for ourselves the women and children in room after room of investigations into violations of human following paradox. The human rights devel- dark school buildings. rights and humanitarian law; (b) to monitor opments that have taken place since the end In witnessing these conditions my mind has been drawn back inexorably to the Irish the ongoing human rights situation and of the Second World War have led to the cre- through its presence, prevent future viola- ation of international courts of human famine of the last century. I recalled the im- ages given voice by the Irish poet and Nobel tions; (c) to co-operate with other inter- rights to enforce state obligations, to impor- national agencies in re-establishing con- tant standard-setting activities by the UN Laureate, Seamus Heaney, in his poem ‘‘For the Commander of the Eliza’’. A routine boat fidence, and thus, to facilitate the return of and regional organisations, to the creation refugees and displaced persons and the re- of teams of special rapporteurs to examine patrol off the coast of West Mayo tacks and hails a row boat crew in Gaelic: building of civic society; and (d) to imple- disappearances, torture, political executions ment programmes of technical co-operation or situations in particular countries. We ‘‘. . . O my sweet Christ, we saw piled in the bottom of their craft in the field of human rights, particularly in have recently created a High Commissioner the area of administration of justice as well for Human Rights to be the focal point for six grown men with gaping mouths and eyes bursting the sockets like spring onions in as of human rights education. human rights action in the UN system. All This is a uniquely proactive mandate. But drills these positive advancements are in a sense, speaking to field officers on the ground I six wrecks of bone and pallid, tautened directly related to the political commit- learned of their great frustration in seeking ments made following upon gross violations skin,’’ On my first visit a year ago the prison pop- to implement it. Lack of financial resources of human rights earlier this century. means that there has been inadequacy in the ulation was under 9,000. Now it is over 53,000, Yet the institutions we have created ap- logistics, in the planning, in the administra- in conditions which have been described by pear to be stricken with inertia and paral- tive and operational professionalism. Those NGO’s as a humanitarian nightmare. I vis- ysis when confronted with the reoccurrence who know about human rights, who have cre- ited one of the prisons, in the southern city of the very evils that have led to their foun- ative ideas about addressing them, are with- of Butare. It was built for 1,500 inmates, but dation. Of course, we cannot stop wars and out a budget for such projects. I am told that was home to 6,276 men, 216 women, and 102 we may be unable to foresee or forestall out- what UNAMIR spends in a week, or what is youths. Nearly all—except the 56 infants im- breaks of violence on a massive scale. And spent in the refugee camps in a week, is prisoned with their mothers—are awaiting there will always be countries in the world more than the human rights budget for a trial on charges of complicity in last year’s where human rights are trampled underfoot. year. The development of a human rights But doesn’t honouring the commitment re- genocide. Flying in by helicopter we saw culture is a complex undertaking, especially quire us to respond to this unacceptable par- prisoners perched on the tin roofs sur- in post human rights disaster situations. The adox and to the deep international concern rounding a central courtyard. They live UN took an important step by creating the about gross violations? Does it not require there day and night. The courtyard is full. human rights field operation. But it needs to us to assume collective responsibility and to Every building is jammed with inmates, so go further to build up a corps of professional develop institutions and processes to antici- that there is no room to lie down. Walking and creative agents of social change, prop- pate, deter, prevent and terminate gross through the prison with the Director and a erly deployed and supported, who have ac- human rights violations? Red Cross official there was no sign of seri- cess to the funds and flexibility needed to ad- It is in our response to these questions ous malnourishment or dehydration, but the dress effectively human rights problems. that future generations will determine overcrowding is so severe—in some prisons In the context of Rwanda I can see more whether our great treaties were merely four per square meter—that some suffer from clearly now how broad based and varied the splendid baubles, worthless pieces of paper or oedema and gangrene. Although there are no needs are: whether it is resources to develop genuine commitments that we sought val- exact figures, it has been estimated that an infrastructure for the supreme court iantly to honour. there are three hundred deaths every week. judges who have been appointed there within Central to this concern is the possibility of In Rwanda, there is a sense among some that the last few days, or the provision of human taking preventive action through the effec- only death can bring release from captivity. rights materials and training for local sol- tive operation of early-warning devices. But No trials, national or international, have yet diers and police, or the production of public alarm bells must be listened to. In the case taken place. A Commission set up to screen information campaigns relative to human of Rwanda they were loudly rung by the NGO detainees has led to an insignificant number rights in co-operation with local human community and by the Special Rapporteur of releases. The International Committee of rights N.G.O.’s and womens groups, there is for Extrajudicial, Summary or Arbitrary the Red Cross—to whom I pay warm trib- above all the challenge to react in a timely Executions in his reports prior to the Rwan- ute—are simply overwhelmed. Its field work- and effective fashion to support movement da genocide in April 1994. ers provide food, water, and some health care in the direction of compliance with human It is difficult to speak of the situation in to these 53,000 detainees held in numerous rights. Rwanda today with restraint and without detention centres. I am convinced we have the legal stand- anger—the more so against a background of The human rights situation in Rwanda ards, the expertise, the necessary experience what happened there and how the world re- today is a complex and inter-related one. and the resources to draw upon in order to sponded. Could the international community The principal human rights problems are: ar- honour our commitments. The peace-build- not have done more? Could we not do more bitrary arrest on the basis of accusation, ar- ing operations in Namibia, El Salvador,

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18368 CONGRESSIONAL RECORD — SENATE December 11, 1995 Cambodia and Haiti and the deployment of judged by succeeding generations if we stand seling and medical programs for trained human rights monitors there have idly by? women veterans suffering the after-ef- shown this to be the case. Can we justify the In his address on the occasion of the open- fects of service-related sexual trauma; lack of commitment to play an active and ing of the new Human Rights Building in Successfully fought for a law allow- ´ properly resourced role in helping to recon- Strasbourg, Vaclaving Havel referred to the ing the VA to pay compensation bene- struct and redevelop Rwanda? war that was raging in Bosnia. He made the Tragically the same questions arise when point—uncomfortably on such a festive occa- fits to chronically disabled Persian we consider the fate of up to two million ref- sion—that while we were all watching help- Gulf veterans with undiagnosed ill- ugees, many of whom had participated in lessly, waiting to see who would win, we had nesses; acts of genocide, living outside Rwanda’s completely forgotten that what was hap- Established environmental research borders in camps in Zaire and Tanzania, of pening just a few hundred miles away from centers focused on the environmental whom more than 50,000 died last year of chol- the peaceful plains of Alsace was not just a exposures of Persian Gulf veterans and era, dysentery and dehydration. Their con- war between the Serbs and others. It was a launched extensive epidemiological and tinued presence in these countries has trans- war for our own future—it was a war that other research efforts aimed at identi- formed the Rwandan problem into a regional was being waged against us all, against crisis which could deteriorate, with unthink- fying the causes of illnesses from which human rights and against the coexistence of these veterans and their families are able consequences, at any moment. Yet, people of different nationalities or religious apart from bouts of forced repatriation in beliefs. It was a war against meaningful suffering; August 1995, voluntary repatriation has been human coexistence based on the universality Made programs for homeless veterans limited and vulnerable to events in Rwanda. of human rights. As he put it, it was an at- a high priority—more than doubling Refugees are afraid to return, many of them tack of the darkest past on a decent future, the budget for specialized programs for fear being accused of having participated in an attack of evil on the moral order. homeless veterans, conducting the first genocide by those who have recently occu- As usual his perception is unerring. What National Summit on Homelessness pied their properties. The apprehension of re- happened in Bosnia was a conscious assault Among Veterans, and carrying out a prisal killings, the massacre in Kibeho in on the universal human rights ideal. Rwanda which thousands of internally displaced per- new program of grants to assist public is the same type of assault because the geno- and non-profit groups to develop new sons were killed, the mass arrests, inhuman cide was targeted at destroying the agreed prison conditions, the lack of an effective ju- political accommodation of the Arusha Ac- programs assisting homeless veterans; dicial system and the control exercised by cord. We must not think of it as just another Established a presumption of service- camp leaders though intimidation and hate tribal war. We cannot distance ourselves connection for veterans who experi- propaganda—are all factors which have effec- from what is happening in the prisons in enced full-body exposure to mustard tively impeded the process of voluntary repa- Rwanda or in the refugee camps. We have gas or Lewisite as part of our mili- triation. stood by and witnessed a genocide of a mil- tary’s testing of these substances; An added and poisonous complication is lion people followed by the fastest refugee Conducted an outreach campaign that mixed in which the civilian refugee pop- exodus in recent history. What is happening ulation are some 20,000 Hutu soldiers and through which 602,000 veterans’ home today in Rwanda is our problem because it 50,000 militia who are believed to have re- loans were refinanced at lower interest interrogates and tests the mettle of our grouped and rebuilt their military infra- rates, saving these veterans an average strongest-held convictions. Our capacity to structure. They have been accused by NGO’s of $l,500 per year; and react to this human tragedy is a significant of diverting humanitarian aid and effectively Wrote to 44,000 Persian Gulf veterans challenge to our commitments to human holding the refugees hostage. Calls have been rights at the end of the century. It is not too and 47,000 Vietnam veterans notifying made, in an effort to break in logjam, to re- late to honour them.∑ them of their potential entitlement to move weapons from the camps and to isolate benefits and encouraging them to file those responsible for incitement to violence f claims. and hatred. The refugee situation is intimately bound SECRETARY JESSE BROWN In addition to these efforts, Mr. up with developments inside Rwanda. The ∑ President, Secretary Brown is working Mr. ROBB. Mr. President, I rise to improve the VA’s benefits and policy of voluntary repatriation can only be today to express my admiration and re- implemented when conditions inside Rwanda health care systems, restructuring spect for Secretary Jesse Brown and have sufficiently improved. In a climate both its headquarters and field oper- where detention, on the basis of finger-point- my appreciation for his achievements ations to enhance efficiency. ing only, is perceived as the equivalent of a on behalf of our Nation’s veterans. There’s no question Jesse Brown is death sentence, deadlock is inevitable. We In choosing Jesse Brown as Secretary an untiring and outspoken advocate— should understand therefore that assistance of Veterans Affairs, President Clinton both within the administration and on given in helping Rwanda to rebuild its insti- couldn’t have made a better choice Capitol Hill—for adequate funding for tutions and restore justice and the rule of from the standpoint of America’s vet- VA medical programs and benefits law is a humanitarian investment which will erans. A combat-wounded Marine vet- contribute to break the refugee deadlock, processing. But as one who strongly rescue the children from the shadow of the eran of Vietnam, a former executive di- supports a balanced budget, Mr. Presi- machette and the horrors of genocide. In rector of the Disabled American Vet- dent, I admire those who make us doing so, to lessen regional tensions and lay erans, Jesse Brown is a strong and ag- think hard about prioritizing scarce the basis for the future. gressive advocate for the men and Federal dollars, who help us under- Should we not listen carefully to those women who have served our country. stand the consequences of the policy members of the NGO community on the During his tenure in the Cabinet, ground who have been telling us, patiently decisions we make, and who force us to Jesse Brown has compiled a truly out- defend our actions. but persistently for many months now, that standing record of success. To cite just if more assistance is not given by the inter- Recently, Secretary Brown has been national community to managing the ref- a few accomplishments, Jesse Brown harshly criticized for speaking out on ugee crisis by taking appropriate measures, has: behalf of adequate budgets for the Vet- both within and beyond Rwanda’s frontiers, Expanded the list of Vietnam vet- erans Administration. But character- a further human disaster will ensue? erans’ diseases for which service-con- izing his support as partisan—as some I have mentioned earlier that the Vienna nected compensation is paid based on have done—ignores Jesse Brown’s near- Declaration has re-affirmed the vital prin- exposure to agent orange; ly 3 decades of steadfast commitment ciple of universality. At the World Con- Expanded and improved health care ference we had an extraordinary opportunity to our Nation’s veterans and their fam- to evaluate the legal and political structures services for combat veterans suffering ilies and his strong personal beliefs in underpinning our human rights commit- from post-traumatic stress disorder; our country’s responsibilities to them. ments. Rwanda has put to the test our capac- Created a presumption of service- It also fails to recognize his own per- ity to honour those commitments with the connection for ex-prisoners of war who sonal experiences as a combat veteran structures and processes we have developed. contracted wet beri-beri and later suf- in Vietnam. I fear that we are floundering. Universality fered ischemic heart disease; Jesse Brown reminds us all that, has been described as an unblinkered view Established a host of new clinics of- even in these tight budget times, our with no dead angles. But in failing to honour fering veterans more convenient access our commitments are we not damaging the Nation has an obligation to its war- very principle of universality? Are we not to VA health care; riors and their survivors that we sim- permitting ourselves a dead angle? And if we Expanded and improved services for ply cannot ignore. so permit, what is the value and worth the women veterans, which include mam- And that is why, Mr. President, that principle afterwards? And how will we be mography quality controls and coun- I am proud to call Jesse Brown my

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18369 friend—and why I appreciate his strong they also tracked in a fair amount of igno- If anything, these young people now have a support for the veterans of our Na- rance, suspicion and prejudice—some of stronger sense of themselves and their own tion.∑ which they acted out through words and history. They cherish both their similarities song during an Operation Understanding re- and differences. It’s America’s cultural and f ception for parents and guests a few weeks racial divides they will abide no longer. And PAST POLITENESS ago. A small sample: no one’s going to tell them who can be their Jamie: ‘‘I know what it means to be black. friend. These are strong kids. They even Mr. SIMON. Mr. President, Colbert How come it seems that the Jews don’t know think they can change the world. King, a member of the editorial page what it means to be Jewish in America?’’ This is what Operation Understanding’s ki- staff of the Washington Post, recently Andrew S.: ‘‘How come blacks are so lazy? netic (no other word for it) president, Karen wrote an op-ed piece about a group of And how come so many are on welfare? Kalish, hoped to achieve when she started young people who are meeting to estab- Johnathan: ‘‘Isn’t there a Jewish Yellow the D.C. program. The idea came from lish greater understanding. Pages where they can use their own lawyers United Negro College Fund president and and doctors and accountants and only go to former U.S. representative William Gray III; It may seem like a small thing to stores owned by Jews?’’ many people, but it is precisely what who started Operation Understanding in Emily: ‘‘Why are black men so scary?’’ Philadelphia with George Ross of the Amer- needs to happen in our country. Atiba: ‘‘How come Jews have all that ican Jewish Committee 10 years ago. The I remember many years ago speaking money? They live the good life. How’d they Class of 1995 is the new generation of bridge to the Hillel Foundation at the Univer- get all that money anyway?’’ builders they had in mind. sity of Illinois. This is the Jewish stu- Mimi: ‘‘How come blacks are such great As the program ended, Jessica, who is Jew- dent organization there. dancers?’’ ish, began singing ‘‘Lift Every Voice and You get the picture: mistrust, misconcep- It was an anniversary of some sort, Sing.’’ She was joined by the group—as the tions, misunderstanding. These youngsters eyes of many African American parents and and I suggested, among other things, stand out, however, because they chose not that since at the University of Illinois guests began to glisten. Then Bridgette, an to remain smug and comfortable with their African American, began ‘‘Oseh Shalom’’— there were people of both Jewish and hangups. They began meeting several times and Jewish eyes were full. Those tears tell us Arab backgrounds that a few students a month to get to know one another, to talk a lot about our times. getting together regularly might really about each other’s culture and history, to Schmaltzy? Perhaps. But maybe if a few contribute something. One of the stu- learn more about their own. They didn’t do more Operation Understandings had been at dents present said that would be mean- it through touchy-feely gab sessions. They work around the globe long ago, President got into each other’s lives. ingless but, interestingly, a few of the Clinton wouldn’t have had to visit Belfast They went to Daniela’s sister’s bat mitz- this week, and 20,000 American troops students got together and, for at least vah; it was Tiba’s first time in a synagogue, a short period of time, held some reg- wouldn’t be gearing up for Bosnia. We’re Mimi went to Tiba’s church on Palm Sun- leaving our youth a pretty scratchy world. ular meetings between American Jews, day—her first time in a black church. Every- But rest assured, as far as Operation Under- Israeli Jews, and students from Arab one went to Muhammad’s mosque in March. standing’s graduates are concerned. America countries. These were simply informal They called on Capitol Hill and heard D.C. is going to be okay in their hands.∑ Del. Eleanor Holmes Norton and other black discussions long before President Sadat f made his dramatic visit to the Knesset and Jewish members of Congress discuss how they coalesced on legislation. They met with RETIREMENT OF JULIAN GRAYSON in Israel. a range of local speakers—as a sign they I wish I could report to you that were long-suffering and up for just about ∑ Mr. BINGAMAN. Mr. President, Ju- something dramatic came out of these anything, they even endured part of an lian Grayson has retired from service student meetings. I do not know that evening with me. But they also got out of to the Senate. He worked here longer anything came out of them, other than Washington and into communities that than most of us ever will, and, unlike one extremely important thing—great- would give them a deeper understanding of many of us, he is universally admired er understanding. African American and Jewish cultures and and appreciated. We are in a world that needs that, collaborative history. Mr. Grayson was a waiter for the Before their trip, however, they made a and I would like more people to read Shabbat dinner together. As youngsters of Senate restaurants, and worked on the the op-ed by Colbert King, which I ask the ’90s, they did it their way: a soul food caucus lunches as well as in the Sen- to be printed in the RECORD. Shabbat—fully equipped with fried chicken, ators’ private dining room. He started The op-ed follows: biscuits, greens, sweet potatoes, and challah, here in 1950, but left in 1964 to devote [From the Washington Post, Dec. 2, 1995] backed by lit candles, recitation of the Motzi his full time to the Methodist min- and prayer over the wine. What can I say? PAST POLITENESS AND INTO HONESTY istry. After a successful career in that And off they went to Crown Heights in calling, he returned to the Senate in (By Colbert I. King) Brooklyn—both the Lubavitcher and African While countless adults have been living out American sides—Ellis Island and the Jewish 1983 at age 67. the year clenching their teeth by day and Museum, and places that resonate with civil He is a man of great dignity and spir- hyperventilating at home by night over one rights history such as Selma, Montgomery, it, and all of us who are fortunate racially tinged issue or another, a small Birmingham and Charleston. enough to know him know that he is a group of youngsters have been quietly mak- They had hoped to go to Sengal and Israel, man of many parts. I will miss our fre- ing sure they don’t end up leading the same but despite the plate-passing at black quent conversations, and hope that he kind of lives. Seventeen area high school stu- churches and donations from foundations, will, too.∑ dents—nine African American and eight Jew- corporations, congregations and individuals, ish—have been meeting since January to they couldn’t raise enough money. Maybe f build a future in which their generation will next year in Jerusalem and Dakar. SENATE QUARTERLY MAIL COSTS live without alienation and bitterness. What But a lot was learned at home. Jamie could they have achieved in 12 months should put hardly believe what he heard from Holocaust ∑ Mr. WARNER. Mr. President, in ac- us to shame. survivors in Atlanta and New Orleans. The cordance with section 318 of Public In a town that worships influence and visit to the Charleston plantation made Law 101–520 as amended by Public Law power, these young people have neither. But Simone cry uncontrollably. ‘‘It was as if all 103–283, I am submitting the frank mail when it comes to tolerance, trust, and hav- the slaves who lived there came to me all at allocations made to each Senator from ing friendships that cut across racial and re- once,’’ she said. They walked across the Ed- the appropriation for official mail ex- ligious lines, they’re up there with the best mund Pettus Bridge and spontaneously penses and a summary tabulation of of their elders. Not that they started out began singing ‘‘We Shall Overcome.’’ that way. The Class of 1995 ends in April; a new group Senate mass mail costs for the fourth When they joined the first class of Oper- of high school juniors begins next month. quarter of fiscal year 1995 to be printed ation Understanding, D.C.—a fledgling non- Class No. 1 still meets monthly, but unlike in the RECORD. The fourth quarter of profit organization out to revive the histor- most of us older folks, they’re long past fiscal year 1995 covers the period of ical relationship between Jews and African being polite with each other; now they’re July 1, 1995, through September 30, Americans through young peopel—many car- just honest. That’s because after all they’ve 1995. The official mail allocations are ried the same heavy baggage that adults well gone through, they know respect and trust available for frank mail costs, as stipu- into their autumn years still lug around. To each other. be sure, they were bright, curious, com- Black nationalists and Jewish chauvinists lated in Public Law 103–283, the Legis- mitted to their community, and loaded with out there, have no fear: Operation Under- lative Branch Appropriations Act for leadership potential—all the things Oper- standing is a life-changing experience, but fiscal year 1995. ation Understanding, D.C., was seeking. But racial and religious identities don’t get lost. The material follows:

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18370 CONGRESSIONAL RECORD — SENATE December 11, 1995 SENATE QUARTERLY MASS MAIL VOLUMES AND COSTS TOMMY WYCHE: FATHER OF to preserve the area we now know as FOR THE QUARTER ENDING SEPT. 30, 1995 SOUTH CAROLINA’S MOUNTAIN the Mountain Bridge. Working with the BRIDGE WILDERNESS Natureland Trust, Tommy met with Pieces FY 95 Of- Total Cost per ∑ numerous landowners, walked their Senators pieces per cap- Total cost capita ficial Mail Mr. HOLLINGS. Mr. President, I ita Allocation rise today to salute a native South properties, and developed plans for the donation or bargain sale of their lands Abraham ...... 0 0.00000 $0.00 $0.00000 $140,289 Carolinian and the ‘‘Father of South Akaka ...... 0 0.00000 0.00 0.00000 29,867 Carolina’s Mountain Bridge Wilder- to the State. In many instances, he Ashcroft ...... 0 0.00000 0.00 0.00000 83,043 ness,’’ C. Thomas Wyche. On December volunteered his expertise as a tax at- Baucus ...... 63,594 0.07718 15,888.68 0.01928 34,694 torney to insure the most beneficial Bennett ...... 152,600 0.08417 27,117.17 0.01496 30,689 7, 1995, here in Washington, Tommy Biden ...... 0 0.00000 0.00 0.00000 28,591 Wyche was recognized for his out- transfer for all parties. Slowly but Bingaman ...... 0 0.00000 0.00 0.00000 30,834 surely, Tommy’s efforts began to pay Bond ...... 0 0.00000 0.00 0.00000 108,312 standing contributions to environ- Boxer ...... 0 0.00000 0.00 0.00000 582,722 mental conservation when he was off—a hundred acres here, a thousand Bradley ...... 0 0.00000 0.00 0.00000 151,392 acres there. The wilderness acres began awarded one of the Nation’s top envi- Breaux ...... 0 0.00000 0.00 0.00000 82,088 to take shape. Brown ...... 0 0.00000 0.00 0.00000 74,406 ronmental awards, The Alexander Today the Mountain Bridge is almost Bryan ...... 32,110 0.02420 7,767.39 0.00585 45,030 Calder Conservation Award. Bumpers ...... 2,000 0.00083 494.05 0.00021 48,743 complete, although Tommy has re- Located just 30 miles up the road Burns ...... 0 0.00000 0.00 0.00000 34,694 cently been working on one last acqui- Byrd ...... 0 0.00000 0.00 0.00000 34,593 from Tommy’s hometown of Green- Campbell ...... 0 0.00000 0.00 0.00000 74,406 sition. Although Tommy and the ville, the rolling red clay hills of the Chafee ...... 0 0.00000 0.00 0.00000 30,524 Natureland Trust are closing in on Coats ...... 0 0.00000 0.00 0.00000 111,738 South Carolina piedmont suddenly their goal, I am sure he is looking for Cochran ...... 0 0.00000 0.00 0.00000 48,596 springs into the foothills of the Great Cohen ...... 0 0.00000 0.00 0.00000 37,937 other mountains, not to climb, but to Conrad ...... 182,300 0.28664 34,705.41 0.05457 25,438 Smokey Mountains. The area, known preserve—other missions, like the Coverdell ...... 0 0.00000 0.00 0.00000 137,674 as South Carolina’s Blue Ridge Escarp- Craig ...... 58,100 0.05445 11,452.34 0.01073 31,846 Mountain Bridge which will ensure fu- ment, is one of unusual natural beauty. D’Amato ...... 0 0.00000 0.00 0.00000 335,341 ture generations enjoy the natural Daschle ...... 0 0.00000 0.00 0.00000 27,650 Typified by high cliffs, steep terrain, beauty of South Carolina. DeWine ...... 931 0.00008 276.72 0.00003 168,128 rushing rivers and dense forests, it is Dodd ...... 2,458 0.00075 2,003.22 0.00061 66,615 Mr. President, for a quarter century Dole ...... 0 0.00000 0.00 0.00000 51,907 relatively pristine despite being lo- Tommy Wyche has worked tirelessly Domenici ...... 1,050 0.00066 262.16 0.00017 30,834 cated within 30 miles of one of the Na- Dorgan ...... 33,050 0.05197 6,086.40 0.00957 25,438 and unselfishly to coordinate efforts to Exon ...... 0 0.00000 0.00 0.00000 32,516 tion’s fastest growing communities. It preserve this piece of South Carolina’s Faircloth ...... 0 0.00000 0.00 0.00000 140,612 is for preserving this natural wonder- Feingold ...... 0 0.00000 0.00 0.00000 97,556 wilderness. I encourage others to fol- Feinstein ...... 0 0.00000 0.00 0.00000 582,722 land that Tommy Wyche was recog- low his lead. Given the severity of the Ford ...... 0 0.00000 0.00 0.00000 74,054 nized. current budget deficit, the Federal Frist ...... 2,400 0.00048 611.18 0.00012 78,686 Mr. President, the Mountain Bridge Glenn ...... 0 0.00000 0.00 0.00000 219,288 Government has limited resources Gorton ...... 825 0.00016 214.82 0.00004 106,532 is just one of Tommy’s many conserva- dedicated to preserving wild areas. I Graham ...... 0 0.00000 0.00 0.00000 323,488 tion successes. Over the last quarter Gramm ...... 0 0.00000 0.00 0.00000 352,339 encourage others to use Tommy Wyche Grams ...... 166,200 0.03710 35,554.99 0.00794 67,423 century, he has almost singlehandedly as a model for cooperative conserva- Grassley ...... 239,500 0.08517 50,567.26 0.01798 56,381 led the fight to ensure that the moun- Gregg ...... 0 0.00000 0.00 0.00000 34,552 tion. I commend him for a job well Harkin ...... 0 0.00000 0.00 0.00000 56,381 tains of South Carolina are preserved done, congratulate him for the Calder Hatch ...... 0 0.00000 0.00 0.00000 30,689 for the benefit of future generations. award and encourage him to continue Hatfield ...... 0 0.00000 0.00 0.00000 62,019 Heflin ...... 213,000 0.05150 40,579.96 0.00981 81,113 He spearheaded efforts to designate the his good works.∑ Helms ...... 0 0.00000 0.00 0.00000 140,612 Chattooga River as a wild and scenic Hollings ...... 0 0.00000 0.00 0.00000 72,302 river, and drafted the South Carolina f Hutchison ...... 0 0.00000 0.00 0.00000 352,339 Inhofe ...... 0 0.00000 0.00 0.00000 52,475 Heritage Trust Act, the first in the ERNEST BOYER Inouye ...... 0 0.00000 0.00 0.00000 29,867 United States. In addition, he has pro- Jeffords ...... 14,050 0.02465 3,114.49 0.00546 28,830 ∑ Mr. BINGAMAN. Mr. President, it Johnston ...... 0 0.00000 0.00 0.00000 82,088 duced books celebrating the area, a was with great sadness that I learned Kassebaum ...... 0 0.00000 0.00 0.00000 51,907 guidebook and a photographic journal, Kempthorne ...... 0 0.00000 0.00 0.00000 31,846 of the death of Ernest Boyer who was Kennedy ...... 0 0.00000 0.00 0.00000 121,391 both of which have played an impor- president of the Carnegie Foundation Kerrey ...... 0 0.00000 0.00 0.00000 32,516 tant part in educating the public on for the Advancement of Teaching. Kerry ...... 0 0.00000 0.00 0.00000 121,391 the area’s natural treasures. Kohl ...... 0 0.00000 0.00 0.00000 97,556 Ernie Boyer was a friend to many of Kyl ...... 0 0.00000 0.00 0.00000 63,581 Tommy’s crowning achievement, and us in the Senate, and to thousands who Lautenberg ...... 0 0.00000 0.00 0.00000 151,392 the basis for the Calder Award, is his Leahy ...... 5,349 0.00938 4,339.02 0.00761 23,830 will never know his name but who will Levin ...... 0 0.00000 0.00 0.00000 182,978 work to preserve 40,000 acres along the feel his influence for years to come. His Lieberman ...... 0 0.00000 0.00 0.00000 66,615 South Carolina-North Carolina bor- Lott ...... 0 0.00000 0.00 0.00000 48,596 contributions to education are well Lugar ...... 0 0.00000 0.00 0.00000 111,738 der—the Mountain Bridge Wilderness known. ‘‘Ready to Learn’’ and ‘‘The Mack ...... 0 0.00000 0.00 0.00000 323,488 Area. Tommy began efforts to preserve Basic School,’’ his excellent primers on McCain ...... 0 0.00000 0.00 0.00000 82,928 the area in the early 1970’s. As I men- McConnell ...... 0 0.00000 0.00 0.00000 74,054 the state of American education, both Mikulski ...... 0 0.00000 0.00 0.00000 91,956 tioned earlier, this is an area of rough make the strong case that we can’t Moseley-Braun ..... 0 0.00000 0.00 0.00000 216,454 terrain which contains a number of Moynihan ...... 0 0.00000 0.00 0.00000 335,341 start too soon in preparing our chil- Murkowski ...... 283,000 0.48211 52,852.73 0.09004 23,179 natural wonders like Raven Cliff Falls, dren—through education—for the world Murray ...... 136,100 0.02650 29,554.72 0.00575 106,532 a 400 foot waterfall—one of the highest Nickles ...... 0 0.00000 0.00 0.00000 68,442 they will face. Nunn ...... 0 0.00000 0.00 0.00000 137,674 east of the Mississippi—and a monolith It was my good fortune, Mr. Presi- Packwood ...... 1,600 0.00054 344.71 0.00012 62,019 known as Table Rock. A recent biologi- dent, to have Ernest Boyer as a sound- Pell ...... 0 0.00000 0.00 0.00000 30,524 Pressler ...... 0 0.00000 0.00 0.00000 27,650 cal assessment of just a portion of the ing board, an ally, and a friend. We Pryor ...... 0 0.00000 0.00 0.00000 48,743 wilderness area produced a number of have lost a remarkable man with his Reid ...... 32,110 0.02420 7,767.39 0.00585 45,030 astonishing finds, enormous trees, tro- Robb ...... 0 0.00000 0.00 0.00000 124,766 death, and I hope that others of us will Rockefeller ...... 50,080 0.02764 17,570.31 0.00970 34,593 phy-size native brook trout, and a be able in some small measure to carry Roth ...... 0 0.00000 0.00 0.00000 28,591 stunning variety of birds, reptiles, am- on with his ideas. Santorum ...... 0 0.00000 0.00 0.00000 182,834 Sarbanes ...... 0 0.00000 0.00 0.00000 91,956 phibians and insects, many of them Ralph Waldo Emerson wrote about Shelby ...... 0 0.00000 0.00 0.00000 81,113 rare or endangered and two new to ‘‘sensible men and conscientious men Simon ...... 0 0.00000 0.00 0.00000 216,454 Simpson ...... 0 0.00000 0.00 0.00000 19,826 science. The scientist concluded the all over the world [who] were of one re- Smith ...... 0 0.00000 0.00 0.00000 34,552 area was ‘‘the most significant wilder- ligion of well-doing and daring.’’ I be- Snowe ...... 0 0.00000 0.00 0.00000 29,086 ness remaining in South Carolina.’’ Specter ...... 0 0.00000 0.00 0.00000 238,468 lieve, Mr. President, that Ernest Stevens ...... 3,550 0.00605 1,061.46 0.00181 23,179 Tommy not only originated the idea Boyer’s well-doing and daring sprang Thomas ...... 0 0.00000 0.00 0.00000 15,200 of the Mountain Bridge but he is re- from his sensible view and his con- Thompson ...... 0 0.00000 0.00 0.00000 94,111 Thurmond ...... 0 0.00000 0.00 0.00000 72,302 sponsible for its success. In the begin- scientious approach. He was very fine, Warner ...... 254,000 0.03983 47,900.03 0.00751 124,766 ning, he organized a nonprofit organi- and I will miss his counsel and friend- • Wellstone ...... 0 0.00000 0.00 0.00000 87,939 zation known as the Natureland Trust ship.∑

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — SENATE S18371 AUTHORIZING APPOINTMENT OF UNANIMOUS-CONSENT AGREE- ADJOURNMENT UNTIL 9 A.M. COMMITTEE ON PART OF THE MENT—ORDER OF VOTES ON TOMORROW SENATE SENATE JOINT RESOLUTION 31 Mr. HATCH. Mr. President, if there is Mr. HATCH. Mr. President, I ask Mr. HATCH. Mr. President, when the no further business to come before the unanimous consent that the President Senate reconvenes at 2:15 p.m., there Senate, I now ask that the Senate of the Senate be authorized to appoint will be 2 minutes of debate, followed by stand in adjournment under the pre- a committee on the part of the Senate up to five consecutive rollcall votes re- vious order. to join with a like committee on the lating to Senate Joint Resolution 31. part of the House of Representatives to There being no objection, the Senate, I ask unanimous consent that those escort His Excellency, Shimon Peres, at 6:31, adjourned until Tuesday, De- Prime Minister of Israel, into the votes occur in the order in which they cember 12, 1995, at 9 a.m. House Chamber for a joint meeting to- were offered. morrow. The PRESIDING OFFICER. Without f The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. NOMINATIONS f f Executive nominations received by ORDERS FOR TUESDAY, the Senate December 11, 1995: DECEMBER 12, 1995 PROGRAM DEPARTMENT OF STATE Mr. HATCH. Mr. President, I ask Mr. HATCH. Mr. President, for the PRINCETON NATHAN LYMAN, OF MARYLAND, A CA- unanimous consent that when the Sen- information of all Senators, at 10:40 REER MEMBER OF THE SENIOR FOREIGN SERVICE, ate completes its business today, it a.m. tomorrow, the Senate will proceed CLASS OF CAREER MINISTER, TO BE AN ASSISTANT SEC- RETARY OF STATE, VICE DOUGLAS JOSEPH BENNET, JR., stand in adjournment until the hour of to the House Chamber to hear an ad- RESIGNED. 9 a.m. on Tuesday, December 12; that dress by Israeli prime minister Shimon ALFRED C. DECOTIIS, OF NEW JERSEY, TO BE A REP- RESENTATIVE OF THE UNITED STATES OF AMERICA TO following the prayer, the Journal of Peres to a joint meeting of Congress. THE FIFTIETH SESSION OF THE GENERAL ASSEMBLY OF proceedings be deemed approved to When the Senate reconvenes following THE UNITED NATIONS. date, no resolutions come over under JOSEPH LANE KIRKLAND, OF THE DISTRICT OF COLUM- party conferences at 2:15, under a pre- BIA, TO BE AN ALTERNATE REPRESENTATIVE OF THE the rule, the call of the calendar be dis- vious order, the Senate will begin a se- UNITED STATES OF AMERICA TO THE FIFTIETH SESSION pensed with, the morning hour be OF THE GENERAL ASSEMBLY OF THE UNITED NATIONS. ries of votes on amendments and pas- TOM LANTOS, OF CALIFORNIA, TO BE AN ALTERNATE deemed to have expired, the time for sage of Senate Joint Resolution 31. REPRESENTATIVE OF THE UNITED STATES OF AMERICA the two leaders be reserved for their TO THE FIFTIETH SESSION OF THE GENERAL ASSEMBLY Each vote will be preceded by 2 min- OF THE UNITED NATIONS. use later in the day, and the Senate utes of debate, equally divided. There- JEANNE MOUTOUSSAMY-ASHE, OF NEW YORK, TO BE immediately resume consideration of AN ALTERNATE REPRESENTATIVE OF THE UNITED fore, the first vote will occur at 2:17 STATES OF AMERICA TO THE FIFTIETH SESSION OF THE Senate Joint Resolution 31, a joint res- p.m. and will be 15 minutes in length. GENERAL ASSEMBLY OF THE UNITED NATIONS. olution regarding a constitutional TOBY ROTH OF WISCONSIN, TO BE AN ALTERNATE REP- Each subsequent vote will be 10 min- RESENTATIVE OF THE UNITED STATES OF AMERICA TO amendment on flag desecration. utes each. THE FIFTIETH SESSION OF THE GENERAL ASSEMBLY OF The PRESIDING OFFICER. Without THE UNITED NATIONS. Following disposition of Senate Joint objection, it is so ordered. IN THE NAVY Mr. HATCH. Under the previous Resolution 31, it will be the majority order, there will be a period for closing leader’s intention to turn to the con- THE FOLLOWING-NAMED OFFICERS IN THE LINE OF sideration of Bosnia legislation. Sen- THE NAVY FOR PERMANENT PROMOTION, PURSUANT TO debate on Senate Joint Resolution of 1 TITLE 10, UNITED STATES CODE, SECTION 624, SUBJECT hour and 40 minutes equally divided. ators are urged to debate the Bosnia TO QUALIFICATIONS THEREFORE AS PROVIDED BY LAW: Mr. President, I ask unanimous con- legislation on Tuesday into the UNRESTRICTED LINE OFFICERS sent that at 10:40 a.m. Tuesday morn- evening, if necessary. To be lieutenant commander ing, following debate on Senate Joint It is the hope of the majority leader to pass the Bosnia legislation before JEFFRY L. BENNETT, 000–00–0000 Resolution 31, the Senate recess until AARON C. FLANNERY, 000–00–0000 the hour of 2:15 p.m. Wednesday, December 13, at noon. JAMES M. INGALLS, 000–00–0000 Therefore, further votes are possible on JOHN D. KLAS, 000–00–0000 The PRESIDING OFFICER. Without MARK D. LANE, 000–00–0000 objection, it is so ordered. Tuesday. STEVEN A. SWITTEL, 000–00–0000

VerDate Aug 31 2005 03:37 May 29, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S11DE5.REC S11DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2333 EXTENSIONS OF REMARKS

THE SHIPBUILDING TRADE confident that our trading partners do not to monitor the use of the system. Fourth, AGREEMENT ACT doubt our resolve and understand that we will the distinctive debris and damage pattern it do our best to consider the legislation prompt- produces make it possible to obtain physical evidence that it has been used. HON. PHILIP M. CRANE ly so that we may implement the agreement The use of this system against insurgents OF ILLINOIS as soon in 1996 as possible. does not make financial or military sense IN THE HOUSE OF REPRESENTATIVES f and its use could be confirmed by observa- tion and physical evidence. You should also Monday, December 11, 1995 PROPOSED SALE OF ARMY TAC- know that, unlike some other sub-munitions Mr. CRANE. Mr. Speaker, today, I am TICAL MISSILE SYSTEM TO TUR- weapons it has a very low ‘‘dud’’ rate (4 per pleased to introduce, together with my col- KEY cent or less). Therefore, if it is used in war- time, the risk to civilians from unexploded leagues Mr. GIBBONS and Ms. DUNN, the Ship- munitions will be very low. building Trade Agreement Act. This bill imple- HON. LEE H. HAMILTON We need to ensure the Turks do not ques- ments the Shipbuilding Agreement signed De- OF INDIANA tion our security relationship with them. cember 21, 1994, by key shipbuilding nations IN THE HOUSE OF REPRESENTATIVES While we have in fact been exceptionally thoughtful in our transfers, it is important after 5 years of negotiation under the auspices Monday, December 11, 1995 of the Organization for Economic Cooperation now to demonstrate we are a reliable ally and that Turkey’s legitimate defense needs and Development. I congratulate the adminis- Mr. HAMILTON. Mr. Speaker, on December 1, 1995, the Clinton administration notified the will be met. tration for negotiating this historic agreement Our Embassy in Ankara has commented which applies to the construction and repair of Congress of its proposal to sell 120 Army Tac- that it is particularly important to go for- self-propelled seagoing vessels of 100 gross tical Missile Systems [ATACMS], valued at ward with the ATACM sale now to reassure tons and above and covers approximately 80 $132 million, to the Government of Turkey. Ankara about the reliability of our security percent of the ships engaged in global ship- The Congress has 15 days to review this pro- relationship. I hope we have been responsive to your ping. posed sale to Turkey, a NATO ally. Because of many concerns in the Congress concerns. Please do not hesitate to contact The agreement is scheduled to enter into me if we can be of further assistance. force 30 days after all signatories deposit in- about human rights in Turkey, I asked the De- Sincerely, struments of ratification, acceptance, or ap- partment of State to write to me with respect WENDY R. SHERMAN, proval. In the interim, the signatories are in the to this weapons system, and whether any Assistant Secretary Legislative Affairs. process of formal ratification. In the United human rights issues are raised by this pro- f States, legislation must be enacted by Con- posed sale. The text of the letter from the De- gress to bring U.S. law into compliance with partment of State follows: GEORGE LESLIE McCULLEN the agreement. U.S. DEPARTMENT OF STATE, I believe that it is important to implement Washington, DC, November 17, 1995. HON. G.V. (SONNY) MONTGOMERY this agreement as soon as possible because Hon. LEE HAMILTON, OF MISSISSIPPI it should help achieve an international environ- House of Representatives IN THE HOUSE OF REPRESENTATIVES DEAR MR. HAMILTON: I am pleased to re- ment that gives the U.S. shipbuilding industry spond to your request for further informa- Monday, December 11, 1995 the best chance to compete in world markets tion regarding the Administration’s inten- Mr. MONTGOMERY. Mr. Speaker, on Sat- that are not distorted through subsidization. tion to transfer 120 Army Tactical Missile urday, November 11, 1995, George Leslie The agreement will open up trade in shipbuild- System (ATACMS) missiles to Turkey. McCullen was laid to rest. George was an ex- ing by eliminating distortive government sub- We believe this defensive system is appro- traordinarily good and honorable man, a val- priate to the threats faced by Turkey. In sidies granted either directly to shipbuilders or ued friend, and a strong ally. indirectly through ship operators. In addition, particular, with a range of 165 kilometers, ATACMS is designed and tested to be effec- There is a sweet irony that George was bur- the agreement contains an injurious pricing tive against high value targets deep behind ied on Veterans' Day, the day our Nation sets code to prevent dumping in the shipbuilding the battlefield, including deployed ballistic aside to say ``thank you'' to those who have industry and includes a comprehensive dis- missile launch sites, surface-to-air missiles served in our Armed Forces. As a veteran of cipline in Government financing for exports and command and control units. the Korean conflict, George earned our and domestic ship sales as well as a dispute The missile can be launched from the Mul- thanks. His service to country did not end, settlement mechanism. I believe that the hear- tiple Launch Rocket System, of which the however, when George completed military ing held by the Trade Subcommittee in July Turks already possess twelve. This compat- service. Until his recent retirement, George highlighted the benefits that implementation of ibility makes the ATACMs an ideal system was employed by the Virginia Department of for meeting Turkish defense needs. More- this agreement will bring. over, the transfer meets NATO defense re- Education, veterans education. In this capac- The bill uses the antidumping remedies of quirements and it supported by the Com- ity, he and his staff were responsible for en- Title VII of the Tariff Act of 1930, as amended, manders-in-Chief of the European Command suring that only education programs of the fin- as the model for the provisions applicable to and Central Command and offers protection est quality were approved for veterans using shipbuilding, revised only where necessary to against Iran, Iraq, and Syria, all of which their GI bill benefits. Veteran students receive take into account differences between the have missiles capable of striking Turkey. a superior education in the State of Virginia agreement and the WTO and differences due We are aware of your concern that arms because of George McCullen's dedication to to the unique nature of vessels. However, al- transfers be used for the uses intended by the excellence and commitment to learning. U.S. government as stipulated in the Arms I noted earlier that George was a strong though we applied Title VII without change Export Control Act and other relevant stat- wherever possible, we will review the entire utes. We share your concern and wish to em- ally. I first met him during the early days of the antidumping scheme as it applies to merchan- phasize that this is not a weapon likely to be battle for the new GI bill. At that time, George dise in general and shipbuilding in particular at used in the commission of human rights was legislative director for the National Asso- some later time. abuses. ciation of State Approving Agencies [NASAA], The Trade Subcommittee will mark up this First, the high cost of the system, $750,000 a position he held from 1983 to 1990. Al- legislation on Wednesday, December 13. I per missile, make it highly impractical as a though George worked in Richmond, he never hope that after that point, the full Committee counter-insurgency or anti-personnel weap- hesitated to make the drive to Washington to on. Second, it is designed and optimized as on Ways and Means will take up the bill as an anti-material weapon; the munitions it participate in one of our many strategy ses- quickly as possible. Unfortunately, the press of carries are designed to pierce electronic sions. His suggestions for action were always other business has prevented us from consid- equipment and other lightly shielded mate- excellent, and his dedication was a major fac- ering an implementing bill sooner. However, riel. Third, in view of the characteristics of tor in our ultimate successÐthe implementa- my commitment to this legislation is solid. I am the missile, the United States has the ability tion of the new GI bill on July 1, 1985. George

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 2334 CONGRESSIONAL RECORD — Extensions of Remarks December 11, 1995 was determined that the fine young men and count and he received a check to pay his building industry. This measure is cor- women who serve in our All Volunteer Forces rent. porate welfare at its worst. As we move should have the opportunity to earn edu- In the old program, the student would have towards a balanced budget by 2002, we gone to his bank, obtained a form, completed should not undertake this wasteful ini- cational assistance benefits, and his unwaver- the form and sent it back to the bank, the ing support and assistance were critical to our bank would send it to the college for certifi- tiative. success. cation, the college would send the certified The Maritime Security Act of 1995 is After enactment of the GI bill, George con- form to the guaranty agency, the guaranty an attempt to lengthen the phase-out tinued to share his good advice and wise agency would certify the guarantee and no- of subsidies for the American ship- counsel with me and my staff. He was instru- tify the bank. The bank would then, finally, building industry. The Merchant Ma- mental in the passage of legislation making cut the check and mail it to the college. The rine Act of 1936 created the Operating the GI bill permanent, measures improving college would notify the student, the student Differential Subsidy [ODS] Program. other veterans' education programs, and legis- would come to the financial aid office to co- This program provided payments to sign the check which would then be depos- lation that protected SAA funding and estab- ited to his account. carriers on specified trade routes to lished a superb training curriculum for SAA Of course, he would probably have been offset the higher cost of operating McCullen left behind an enviable legacy. His evicted for non-payment of rent before this under the U.S. flag and was intended to was a life of good works, and I feel honored cumbersome process was completed. maintain a U.S. merchant fleet. Unfor- to have known him. I want to extend my deep- Direct Lending helps students manage tunately, rather than stimulate a vi- est sympathy to George's wife, children, and their debt better, enables them to borrow brant domestic fleet, subsidies have re- grandchildren. only as much as they need when they need it. sulted in an aging fleet of uncertain In the past, the cumbersome bank/guaranty f quality and reliability. Time has prov- agency process has meant that students bor- en that this program was ill advised. IN DEFENSE OF DIRECT LENDING rowed the maximum each time to be sure they had the money they needed when they Wisely, these contracts were set to ex- needed it. pire over the next 3 years. HON. BARNEY FRANK The bank/guaranty agency loop has also Unfortunately, instead of allowing OF MASSACHUSETTS meant alumni may have confusion in the re- the free market to reinvigorate and re- IN THE HOUSE OF REPRESENTATIVES payment cycle. Stonehill has an alumna who vitalize this sector of our economy, called recently to resolve a potential default Monday, December 11, 1995 supporters of the U.S. shipping indus- status. She had borrowed each of her four try have developed a new program Mr. FRANK of Massachusetts. Mr. Speaker, years at Stonehill from the same bank. But that bank had ‘‘sold’’ her loans to three dif- which will effectively extend the sub- recently I was discussing Federal policy to- sidies until the year 2005 at a potential ward higher education with one of the most ferent servicing companies. She was finding it nearly impossible to figure out which bank cost of over $1.2 billion. Adoption of thoughtful students of that subject, Father holds her loans and how she could obtain this legislation will force the taxpayers Bartley MacPhaidin, C.S.C., who's president of payment deferments to attend graduate to pay each U.S. ship more than $2 mil- Stonehill College in Easton, MA. I have long school. lion each year. found Father MacPhaidin to be an important All Direct Lending loans are ‘‘bundled’’ Perhaps even more amazing, the Mar- source of information on educational policy. I and handled by the same servicer. While itime Security Act would remove the was particularly struck in our conversation by Stonehill’s current student loan default rate is only 2.5%, the new simpler system will requirement that obligates U.S. ship- his forceful advocacy of the direct lending pro- ping companies to make their vessels gram, and of the benefits it provides for the prevent many defaults, here and nationwide. There is controversy over whether Direct available to the Government in time of students, whose financial well-being has al- Lending is a savings or a cost to the tax- national emergency. Incredibly, the ways been very high on the list of Father payer, the difference arising in large part bill allows these companies to sub- MacPhaidin's concerns. He was so cogent from the use of different accounting prin- stitute similar size foreign-registered, and persuasive on the subject that I asked ciples. The banking lobby is strong and foreign-crewed ships. The result, Mr. him to share with me in writing some of his speaks in deafening tones. The only way to Chairman, is that U.S. taxpayers get thoughts because I believe that providing the truly compare costs is to let the two systems operate side by side for at least ten years, al- virtually nothing for their tax dollar. best method by which young Americans can Because of continued subsidies, the do- receive a college education is a very high pri- lowing each school to choose the program which works best for it. mestic shipping industry will remain ority for us and I think all of our colleagues will Then, using agreed accounting procedures, inefficient and uncompetitive. Compa- benefit substantially from reading Father the true costs to taxpayers for each program nies like Cargill or Con Agra shipping MacPhaidin's knowledgeable and thoughtful can be assessed, the relative default rates products like Iowa corn and grain will discussion of the benefits of this program as cmopared, and a rational decision made to continue to face uncompetitive rates he and his college have experienced them. keep one or both programs. Stonehill urges higher than the world average. the Congress to permit such an experiment IN DEFENSE OF DIRECT LENDING At this point, Mr. Chairman, I would Stonehill College was one of the 104 col- to take place, allowing market forces to im- prove both programs while giving ample op- like to submit for the RECORD a letter leges chosen to participate in the first year I received from Citizens Against Gov- of the new direct lending program for stu- portunity for fair comparison. Students, dent loans. Today another 1500 institutions families, and taxpayers can only gain. ernment Waste that summarizes the are in the program across the country. Based f serious flaws in this legislation and on Stonehill’s experience of direct lending, makes the case why it should be de- the proposal in Congress radically to curtail MARITIME SECURITY ACT OF 1995 feated. or terminate direct lending should be re- COUNCIL FOR CITIZENS sisted. SPEECH OF AGAINST GOVERNMENT WASTE, In the new program, students and families Washington, DC, December 5, 1995. deal directly and solely with our financial HON. GREG GANSKE DEAR REPRESENTATIVE: The 600,000 mem- aid office. No longer must borrowers nego- OF IOWA bers of the Council for Citizens Against Gov- tiate the often confusing, frustrating and IN THE HOUSE OF REPRESENTATIVES ernment Waste (CCAGW) urge you to reject seemingly endless steps in the bank/school/ Wednesday, December 6, 1995 a new subsidy in H.R. 1350, ‘‘Maritime Secu- guaranty agency loops to obtain student rity Act of 1995.’’ loans. In direct lending, the College deter- The House in Committee of the Whole The current subsidized maritime system is mines eligibility originates loans, provides House on the State of the Union had under set to expire in 1997, and in this time of fiscal and processes pormissory notes, requests and consideration the bill H.R. 1350, to amend restraint, it should not be renewed. Instead, receives funds directly from the government the Merchant Marine Act, 1936 to revitalize for the first time in maritime subsidy his- and credits student accounts. Virtual one- the United States-flag merchant marine, and tory, U.S.-flag vessel operators will be able stop-shopping. for other purposes: to collect both cargo preference and direct Recently, a junior came to the financial Mr. GANSKE. Mr. Chairman, I am subsidies. Earlier this year, CCAGW ap- aid office seeking funds to pay the rent on opposed to H.R. 1350, the Maritime Se- plauded Appropriations Subcommittee on his off-campus apartment. The financial aid Commerce, Justice, State, and the Judiciary office immediately originated a Direct Loan, curity Act of 1995. I am disappointed Chairman Hal Rogers, for refusing to fund printed the promissory note on line, which that the House approved this legisla- H.R. 1350. Today, the Department of Defense the student completed in the office. Within tion which will literally give away over relies upon a variety of resources to meet its one week, the funds were in the student’s ac- $100 million a year to the domestic ship sealift objectives. For example, according to December 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2335 the General Accounting Office, during Oper- $500 million in cargo preference subsidies. that waste scarce tax dollars. We urge you to ation Desert Shield only 15 percent of the 206 Members of Congress have supported these vote against H.R. 1350 and prevent the enact- ships chartered by the Military Sealift Com- subsidies under the illusion that they ulti- ment of a new wasteful maritime subsidy. mand were privately owned U.S.-fag vessels. mately help maintain a healthy U.S.-flag This vote will be among those considered for Since the 1930s, under the protectionist fleet. Instead, the industry is hopelessly de- our 1995 Congressional Ratings. Jones Act, nearly $10 billion has been spent pendent on taxpayer subsidies. Sincerely, on operating subsidies for the merchant ma- Strengthening our national defense is a TOM SCHATZ, rine industry. In addition, a handful of U.S.- goal that CCAGW strongly supports, but it is President. flag vessel operators have annually reaped not an excuse to extend maritime subsidies E 2336 CONGRESSIONAL RECORD — Extensions of Remarks December 11, 1995 SENATE COMMITTEE MEETINGS Labor and Human Resources nection with the Garrison Diversion Business meeting, to mark up proposed Unit Project, S. 1154, to authorize the Title IV of Senate Resolution 4, legislation to authorize funds for the agreed to by the Senate on February 4, construction of the Fort Peck Rural Older Americans Act, and to consider Water Supply Sytem, S. 1169, to amend 1977, calls for establishment of a sys- pending nominations. the Reclamation Wastewater and tem for a computerized schedule of all SD–430 Groundwater Study and Facilities Act meetings and hearings of Senate com- 10:00 a.m. to authorize construction of facilities Armed Services mittees, subcommittees, joint commit- for the reclamation and reuse of To hold hearings on the nomination of H. tees, and committees of conference. wastewater at McCall, Idaho, and S. Martin Lancaster, of North Carolina, This title requires all such committees 1186, to provide for the transfer of oper- to notify the Office of the Senate Daily to be an Assistant Secretary of the Army, Department of Defense. ation and maintenance of the Flathead Digest—designated by the Rules Com- SR–222 irrigation and power project. mittee—of the time, place, and purpose 10:30 a.m. SD–366 of the meetings, when scheduled, and Special Committee To Investigate any cancellations or changes in the Whitewater Development Corporation DECEMBER 14 meetings as they occur. and Related Matters 9:30 a.m. As an additional procedure along To resume hearings to examine certain Energy and Natural Resources with the computerization of this infor- issues relative to the Whitewater De- To hold hearings on S. 1271, to amend the mation, the Office of the Senate Daily velopment Corporation. Nuclear Waste Policy Act of 1982. Digest will prepare this information for SH–216 SD–366 2:00 p.m. printing in the Extensions of Remarks Governmental Affairs Select on Intelligence To hold hearings to examine Federal section of the CONGRESSIONAL RECORD To hold closed hearings on intelligence Government financial management. on Monday and Wednesday of each matters. week. SH–219 SD–342 Meetings scheduled for Tuesday, De- 2:30 p.m. cember 12, 1995, may be found in the Energy and Natural Resources Daily Digest of today’s RECORD. Forests and Public Land Management Sub- CANCELLATIONS committee MEETINGS SCHEDULED To hold hearings on S. 901, to authorize DECEMBER 12 the Secretary of the Interior to partici- DECEMBER 13 pate in the design, planning, and con- 10:00 a.m. 9:30 a.m. struction of certain water reclamation Armed Services Environment and Public Works and reuse projects and desalination re- To hold hearings on the nomination of H. To hold hearings on proposed legislation search and development projects, S. Martin Lancaster, of North Carolina, authorizing funds for the Clean Water 1013, to acquire land for exchange for to be an Assistant Secretary of the Act, focusing on municipal issues. privately held land for use as wildlife Army. SD–406 and wetland protection areas, in con- SR–222 Monday, December 11, 1995 Daily Digest Senate Alfred C. DeCotiis, of New Jersey, to be a Rep- Chamber Action resentative of the United States of America to the Routine Proceedings, pages S18305–S18371 Fiftieth Session of the General Assembly of the Measures Introduced: Six bills and one resolution United Nations. were introduced, as follows: S. 1462–1467, and S.J. Joseph Lane Kirkland, of the District of Colum- Res. 43. Pages S18362±63 bia, to be an Alternate Representative of the United States of America to the Fiftieth Session of the Gen- Flag Desecration: Senate resumed consideration of eral Assembly of the United Nations. S.J. Res. 31, proposing an amendment to the Con- Tom Lantos, of California, to be an Alternate stitution of the United States authorizing the Con- Representative of the United States of America to gress and the States to prohibit the physical desecra- the Fiftieth Session of the General Assembly of the tion of the flag of the United States, taking action United Nations. on amendments proposed thereto, as follows: Jeanne Moutoussamy-Ashe, of New York, to be an Pages S18315±33, S18336±60 Alternate Representative of the United States of Adopted: America to the Fiftieth Session of the General As- Hatch/Heflin/Feinstein Amendment No. 3094, in sembly of the United Nations. the nature of a substitute. Pages S18324±26 Toby Roth, of Wisconsin, to be an Alternate Rep- Pending: resentative of the United States of America to the Biden Amendment No. 3093, in the nature of a Fiftieth Session of the General Assembly of the substitute. Pages S18320±24 United Nations. Hollings Amendment No. 3095, to propose a bal- A routine list in the Navy. Page S18371 anced budget amendment to the Constitution of the Messages From the President: Pages S18360±62 United States. Pages S18326±29 Hollings Amendment No. 3096, to propose a bal- Communications: Page S18362 anced budget amendment to the Constitution of the Statements on Introduced Bills: Pages S18363±64 United States. Pages S18329±33 Additional Cosponsors: Page S18364 McConnell Amendment No. 3097, in the nature of a substitute. Pages S18344±60 Amendments Submitted: Pages S18364±65 Senate will continue consideration of the resolu- Additional Statements: Pages S18365±70 tion on Tuesday, December 12, 1995, with votes to Adjournment: Senate convened at 12 noon, and ad- occur thereon. journed at 6:31 p.m., until 9 a.m., on Tuesday, De- Messages From the President: Senate received the cember 12, 1995. (For Senate’s program, see the re- following messages from the President of the United marks of the Acting Majority Leader in today’s States: Record on page S18371.) Transmitting the report on the Bosnian Serb Sanc- tions; referred to the Committee on Banking, Hous- Committee Meetings ing, and Urban Affairs. (PM–101). Pages S18360±62 Transmitting the report on ordering the selected (Committees not listed did not meet) reserve of the armed forces to active duty; referred to the Committee on Armed Services. (PM–102). WHITEWATER Page S18362 Special Committee to Investigate the Whitewater Develop- Nominations Received: Senate received the follow- ment Corporation and Related Matters: Committee re- ing nominations: sumed hearings to examine certain issues relative to Princeton Nathan Lyman, of Maryland, to be an the Whitewater Development Corporation, receiving Assistant Secretary of State. testimony from Margaret A. Williams, Assistant to D 1443 D 1444 CONGRESSIONAL RECORD — DAILY DIGEST December 11, 1995 the President and Chief of Staff to the First Lady; Robert Barnett and Ingram Barlow, both of Wil- Diane Blair, University of Arkansas, Fayetteville; and liams and Connolly, Washington, D.C. Hearings continue on Wednesday, December 13. h House of Representatives individual members not assigned to a unit organized Chamber Action to serve as a unit, of the Selected Reserve to perform Bills Introduced: 3 public bills, H.R. 2754–2756 such missions the Secretary of Defense may deter- were introduced. Page H14253 mine necessary due to the deployment of United Reports Filed: Reports were filed as follows: States forces to conduct operational missions in and H.R. 2538, to make clerical and technical amend- around the former Yugoslavia—referred to the Com- ments to title 18, United States Code, and other mittee on National Security and ordered printed (H. provisions of law relating to crime and criminal jus- Doc. 104–144); and Page H14241 tice (H. Rept. 104–391); Bosnia emergency: Message wherein he discusses Ad- H.R. 1533, to amend title 18, United States ministration actions related to the exercise of powers Code, to increase the penalty for escaping from a conferred by the declaration of a national emergency Federal prison (H. Rept. 104–392); to deal with the threat to the national security, for- H.R. 2418, to improve the capability to analyze eign policy, and economy of the United States aris- deoxyribonucleic acid, amended (H. Rept. 104–393); ing from actions and policies of the Governments of H.R. 2685, to repeal the Medicare and Medicaid Serbia and Montenegro—referred to the Committee Coverage Data Bank (H. Rept. 104–394, Part 1); on International Relations and ordered printed (H. H.R. 2243, to amend the Trinity River Basin Fish Doc. 104–145). Pages H14242±44 and Wildlife Management Act of 1984, to extend Referral: One Senate-passed measure was referred to for three years the availability of moneys for the res- the appropriate House committee. Page H14252 toration of fish and wildlife in the Trinity River, amended (H. Rept. 104–395); Senate Messages: Messages received from the Senate H.R. 1745, to designate certain public lands in today and appear on page H14241. the State of Utah as wilderness, amended (H. Rept. Quorum Calls—Votes: No quorum calls or votes 104–396); and developed during proceedings of the House today. H.R. 2289, to amend title 38, United States Adjournment: Met at noon and adjourned at 1:18 Code, to extend permanently certain housing pro- p.m. grams, to improve the veterans employment and training system, and to make clarifying and technical amendments to further clarify the employment and Committee Meetings reemployment rights and responsibilities of members of the uniformed services, as well as those of the em- No Committee meetings were held. ployer community (H. Rept. 104–397). f Pages H14252±53 Speaker Pro Tempore: Read a letter from the NEW PUBLIC LAWS Speaker wherein he designated Representative Young (For last listing of Public Laws, see DAILY DIGEST, p. D1411) of Florida to act as Speaker pro tempore for today. H.R. 2519, to facilitate contributions to chari- Page H14241 table organizations by codifying certain exemptions Presidential Messages: Read the following mes- from the Federal securities laws. Signed December 8, sages from the President: 1995. (P.L. 104–62) Coast Guard: Message wherein he notifies Congress H.R. 2525, to modify the operation of the anti- that as authorized, with respect to the Coast Guard, trust laws, and of State laws similar to antitrust the Secretary of Defense and the Secretary of Trans- laws, with respect to charitable gift annuities. Signed portation to order to active duty any units, and any December 8, 1995. (P.L. 104–63) December 11, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1445 COMMITTEE MEETINGS FOR TUESDAY, Committee on Indian Affairs, business meeting, to mark DECEMBER 12, 1995 up S. 814, to provide for the reorganization of the Bureau of Indian Affairs, and S. 1159, to establish an American (Committee meetings are open unless otherwise indicated) Indian Policy Information Center, 9:30 a.m., SR–485. Senate NOTICE Committee on Banking, Housing, and Urban Affairs, busi- ness meeting, to mark up S. 1228, to impose sanctions For a Listing of Senate Committee Meetings on foreign persons exporting petroleum products, natural Scheduled ahead, see page E2336 in today’s Record. gas, or related technology to Iran, 10 a.m., SD–538. Committee on Energy and Natural Resources, Subcommittee House on Parks, Historic Preservation and Recreation, to hold hearings on S. 873, to establish the South Carolina Na- Committee on House Oversight, to continue hearings on tional Heritage Corridor, S. 944, to provide for the estab- Campaign Finance Reform: The Role of Political Parties, lishment of the Ohio River Corridor Study Commission, 10 a.m., 1310 Longworth. S. 945, to amend the Illinois and Michigan Canal Herit- Committee on International Relations, Subcommittee on age Corridor Act of 1984 to modify the boundaries of the Africa and the Subcommittee on International Operations, corridor, S. 1020, to establish the Augusta Canal Na- joint hearing on Recent Developments in Nigeria, 1 tional Heritage Area in the State of Georgia, S. 1110, to p.m., 2154 Rayburn. establish guidelines for the designation of National Herit- Committee on Resources, Subcommittee on Fisheries, age Areas, S. 1127, to establish the Vancouver National Wildlife and Oceans, hearing on H.R. 2655, Atlantic Historic Reserve, and S. 1190, to establish the Ohio and Striped Bass Preservation Act of 1995, 10 a.m., 1324 Erie Canal National Heritage Corridor in the State of Longworth. Ohio, 9:30 a.m., SD–366. Committee on Standards of Official Conduct, executive, to Committee on Environment and Public Works, to hold hear- consider pending business, 1:30 p.m., HT–2M Capitol. ings on provisions of S. 776, to reauthorize the Atlantic Striped Bass Conservation Act and the Anadromous Fish Joint Meetings Conservation Act, 2:30 p.m., SD–406. Committee on Finance, to hold hearings on pending Conferees, on S. 652, to provide for a pro-competitive, nominations, 3 p.m., SD–215. de-regulatory national policy framework designed to ac- Committee on Foreign Relations, business meeting, to con- celerate rapidly private sector deployment of advanced sider pending calendar business, 2 p.m., SD–419. telecommunications and information technologies and Committee on Small Business, to hold hearings on propos- services to all Americans by opening all telecommuni- als to strengthen the Small Business Investment Company cations markets to competition, 2 p.m., S–5, Capitol. program, 9:30 a.m., SR–428A. D 1446 CONGRESSIONAL RECORD — DAILY DIGEST December 11, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Tuesday, December 12 10 a.m., Tuesday, December 12

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Tuesday: Joint meeting to receive His Ex- of S.J. Res. 31, Flag Desecration Constitutional Amend- cellency, Shimon Peres, Acting Prime Minister of Israel; ment. Call of the Corrections Calendar; (Senate and House will hold a joint meeting to receive an Consideration of eight Suspensions; and address by Shimon Peres, Prime Minister of Israel, at 11 a.m., H.R. 2621, Concerning Disinvestment of Federal Trust following which Senate will recess until 2:15 p.m. for respective Funds. party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Frank, Barney, Mass., E2334 Montgomery, G.V. (Sonny), Miss., E2333 Ganske, Greg, Iowa, E2334 Crane, Philip M., Ill., E2333 Hamilton, Lee H., Ind., E2333

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