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

Vol. 143 WASHINGTON, TUESDAY, MARCH 11, 1997 No. 30 House of Representatives The House met at 12:30 p.m. and was crats, the Republicans would have in- The public advocate’s report, Mr. called to order by the Speaker pro tem- cluded as a goal in their agenda the im- Speaker, underscored the need for a pore [Mr. EHLERS]. plementation of a plan to provide Federal children’s only health plan for f health insurance for the Nation’s 10 parents who make too much money to million uninsured children. As far as qualify for Medicaid but not enough to DESIGNATION OF SPEAKER PRO the Republican agenda goes, however, afford health insurance for their chil- TEMPORE health care for children is apparently dren. The SPEAKER pro tempore laid be- not meant to be. There is no mention Again I would say that, not having fore the House the following commu- of any kind of children’s health insur- time to wait for this Congress to do nication from the Speaker: ance plan in the Republican’s vision of something, many States around the HOUSE OF REPRESENTATIVES, the future. country have taken matters into their Washington, DC, March 11, 1997. Since last spring, Democrats have own hands. Massachusetts, for in- I hereby designate the Honorable VERNON been working to push the issue of chil- stance, has implemented a children’s J. EHLERS to act as Speaker pro tempore on dren’s only health care to the top of only plan, similar to various proposals this day. Congress’ agenda, and our Families developed by congressional Democrats, NEWT GINGRICH, First agenda included a children’s only Speaker of the House of Representatives. that assists parents who would other- plan. Day after day in this Congress wise be unable to afford health insur- f Democrats have taken to the floor to ance for their children. The Massachu- MORNING HOUR DEBATES protest the Republicans’ failure to ba- setts plan is an important example to sically address anything more sub- cite, in that it illustrates the value of The SPEAKER pro tempore. Pursu- stantive than the propriety of hanging not only providing health care for a ant to the order of the House of Janu- the Ten Commandments on the walls of sick child but of providing preventa- ary 21, 1997, the Chair will now recog- Government buildings and courthouses. tive care that obviates the need for nize Members from lists submitted by This is what we dealt with last week. more expensive care further down the the majority and minority leaders for Mr. Speaker, Democrats are intent line. morning hour debates. The Chair will on passing a children’s only health bill. I want to stress how important pre- alternate recognition between the par- Two weeks ago our Minority Leader ventative care is. It is wise not only for ties, with each party limited to not to GEPHARDT and our Senate Minority budgetary reasons but, simply put, it is exceed 30 minutes, and each Member Leader DASCHLE sent a letter to Repub- the humane thing to do. More than half except the majority and minority lead- lican leaders GINGRICH and LOTT asking er limited to not to exceed 5 minutes. them to allow this issue to move for- of the uninsured children with asthma, The Chair recognizes the gentleman ward. Last week we sent another let- just as an example, never see a doctor from New Jersey [Mr. PALLONE] for 5 ter, signed by over 175 members of the during the year. Many of these children minutes. Democratic Caucus, asking the Speak- end up hospitalized with problems that could have been prevented and could f er to provide a date certain for the con- sideration of a children’s only health have cost less to treat. Similarly, one- CHILDREN’S HEALTH INSURANCE bill, and to date the Democrats have third of uninsured children with recur- Mr. PALLONE. Mr. Speaker, last literally heard nothing from the Re- ring ear infections never see the doc- Thursday the Washington Times re- publicans on this issue. tor. Many suffer permanent hearing ported that at long last House Repub- I have to say, though, we have heard loss. licans have finally developed an agenda plenty from elsewhere around the Democrats believe these problems for the 105th Congress. The news was country. We learned the week before should be prevented because they can also accompanied by a report that in last from New York City’s public advo- be prevented. Our concern, again, Mr. the first 2 months of the 105th Congress cate that despite the existence of a Speaker, is rooted firmly in the notion the House was in session for a grand State plan to insure children in New that the right thing to do is to make total of 58 hours, compared with 296 York, the rate of uninsured children in sure every child in this country has ac- hours in the first 2 months of the last New York City grew by 6 percent in the cess to medical care. Congress. last 5 years. We also learned that this I have to point out that in their Mr. Speaker, one would think that happened at a time when many of New agenda released last week the GOP with all this spare time and with daily York’s parents were working for com- claims it wants to strengthen Ameri- pressure from congressional Demo- panies that had over 1,000 employees. ca’s families by fighting child abuse

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.

H813 H814 CONGRESSIONAL RECORD — HOUSE March 11, 1997 and neglect. I find it ironic that this what we did in the 104th Congress. Over move the concept from policy papers and the goal can be included in their agenda a 2-year span we reduced Federal rhetoric of politicians and bureaucrats and in- and yet they propose to do absolutely spending by $53 billion from the level stead place it in the Constitution of the United nothing about health insurance for proposed by the President, not by States. Rather than talking about eliminating children. slashing prudent and necessary Gov- deficit spending, let's do it. An amendment is Mr. Speaker, I believe the GOP needs ernment programs but by eliminating the only way to ensure that Washington per- to go back to the drawing board. It is 300 wasteful and duplicative programs, manently changes its ways, to make the Gov- incredible that a health plan for chil- projects, and grants. ernment accountable for every one of your tax dren did not make it into their agenda, I cannot stress the following state- dollars, and to prevent the next generation and I hope, and we will continue to ment enough: Our national debt does from being saddled with the cost of our prof- press, that they will change their not result from the American people ligacy. minds and bring up legislation that ad- being taxed too little, it is a product of This is not a partisan issue. We must dresses the issue of kids’ health insur- Government that overspends. not be separated by party affiliation. ance. Since 1981, there have been 19 sepa- We must come together and share a vi- f rate tax increases, the largest being sion for our Nation’s future. President Clinton’s tax hike in 1993. Knowing that facts do not sustain their WHY BALANCE THE BUDGET? Yet the debt continues to rise. Today cause, supporters of the status quo will fall The SPEAKER pro tempore. Under Americans pay more in taxes than ever back on their most potent weaponÐfear. the Speaker’s announced policy of Jan- before in history. In fact the average President Clinton has already brandished this uary 21, 1997, the gentleman from Flor- American family pays 40 percent of its weapon through his partisan charge that the ida [Mr. STEARNS] is recognized during income in taxes. That is more than it amendment is a threat to Social Security. But morning hour debates for 5 minutes. spends on housing, food, and clothing remember what the late Paul Tsongas had to Mr. STEARNS. Mr. Speaker, I rise combined. Taking more money from say, ``I'm embarrassed as a Democrat to today to address the most imperative the taxpayers has not proven the abil- watch a Democratic President raise the scare issue facing this Nation, and, that is, ity for us to reduce our debt. It has, tactics of Social Security to defeat the bal- the Federal budget. however, proven to increase the size of anced budget amendment.'' The last time our Nation, the great- the Federal bureaucracy. We in Con- Although I support taking Social Security off est Nation on Earth, balanced its gress and in the White House have an budget, the immutable truth is, the greatest books, Nixon was President, the first obligation to serve the public interest, threat to Social Security is the national debt it- moon landing occurred, and the Mod a responsibility to work toward a bal- self. Of the 5.5 trillion dollars of debt, almost Squad was a top TV show. It was 1969. anced budget while taking less money $600 billion is owed to the Social Security And in the 28 years that followed, the from hardworking Americans. trust funds. If we do not balance the budget, Federal Government has spent almost There is a right way and a wrong way that debt will double. Do you really think that $6 trillion more money than it has to prepare our Nation for the next cen- if the Government goes bankrupt it can pay taken in. Put simply, this irrespon- tury. Following the right way, we that $1.2 trillion debt back to the trust funds sibility, this addiction to deficit spend- should reach a balanced budget by the without hyperinflation or a depression? The fu- ing, poses the greatest national threat year 2002 and we should keep the budg- ture solvency of Social Security depends sole- to our future, to the financial security et balanced without tax hikes or gim- ly on putting our fiscal house in orderÐit de- of our Nation, and to the economic micks. We should provide permanent pends on approving the balanced budget well-being of our families. A balanced tax relief for families, and we should amendment. budget is not simply a desirable ideal. offer an honest means of extending the This is not a time to stand helplessly to the It is absolutely necessary. life of vital and important programs, side. This is one of those moments that will And not simply because of our pre- like Medicare and Social Security. Ear- define our country's destiny. First and fore- carious situation as a Nation, but be- lier this year President Clinton sub- most, Congress and the President should cause putting a stop to deficit spending mitted his budget proposal. Despite his come together to affect real and meaningful is good for all Americans. It means a claims and promises, his budget fell fiscal change and to bolster our efforts, we lower cost of living, lower interest well short of these criteria. should feel obligated to send to the States the rates and a financially stable Govern- First of all, the President's budget will not balanced budget amendment. Our future is at ment. reach balance in 2002, or in any year before risk, and that means everything is at risk. A study by McGraw Hill projects that or after. Applying the methods used by Con- In conclusion, Mr. Speaker, I ear- a balanced budget would yield a 2-per- gress in making budget projections, Mr. Clin- nestly urge Members to consider and cent drop in interest rates. This means ton's budget will be $69 billion in the red in vote for a balanced budget amendment yearly savings of $1,230 on a $50,000 2002. In fact, he would have us run deficits in to the Constitution. home loan, $200 on an auto loan, and the $120-billion range until after he left office. f $216 on a student loan. Perhaps even Under his plan, an amazing 98 percent of the more important is the moral respon- proposed spending reduction would occur in EQUALITY FOR PUERTO RICANS sibility to stop robbing future genera- the years 2001 and 2002, when he has retired The SPEAKER pro tempore. Under tions of their opportunities and a to Little Rock. the Speaker’s announced policy of Jan- chance to achieve prosperity. A child Shakespeare said it best over 400 uary 21, 1997 the gentleman from Puer- born today owes nearly $200,000 in taxes years ago, ‘‘Though it be honest, it is to Rico [Mr. ROMERO-BARCELO´ ] is rec- over his or her lifetime just to pay the never good to bring bad news.’’ True, ognized during morning hour debates interest on the national debt. Is such a President Clinton’s budget deserves lit- for 5 minutes. crushing legacy something we want to tle praise, but this is not a case of par- Mr. ROMERO-BARCELO´ . Mr. Speak- leave to our children and our grand- tisan carping. Every President since er, Wednesday, February 26 was a his- children? President Nixon, Republican and Dem- toric day. It was a historic day for the It is important to note that bal- ocrat, have at least put forth a pro- 3.8 million United States citizens of ancing the Federal budget does not re- posal on paper that would achieve a Puerto Rico and for our Nation as a quire drastic spending cuts or massive balanced budget. Yet here we are today whole. tax increases as many would have the with a debt of almost $6 trillion. On Wednesday, February 26, a group American public believe. Instead it re- Nevertheless, there is something that of more than 75 Members of Congress of quires exercising common sense and we can do to bring about economic san- both parties introduced H.R. 856, the leadership. I know that I have to stay ity. Congress can pass the balanced United States-Puerto Rico Political within a budget in running my congres- budget amendment to the Constitu- Status Act. It marked what I hope will sional office and caring for my family. tion. be the beginning of the end of Puerto This is nothing new. Most of us have to The fact that for over 20 years the tem- Rico’s long journey toward enfran- stay within our means. Why can the porary residents of the White House have of- chisement and full self-government. Federal Government not do the same fered plans to balance the budget underscores It was almost 100 years ago, in 1898, thing? The truth is it can. Look at the need for this amendment. We must re- that Spain ceded Puerto Rico to the March 11, 1997 CONGRESSIONAL RECORD — HOUSE H815 United States as a result of the Span- cause we cannot vote for the President who are serving their country and, in many ish-American War. of the Nation of which we are citizens cases risking their lives, deserve, above all In 1917 Puerto Ricans became U.S. of and because we do not have a propor- others, the right to vote in an election year. At a time when these young people are de- citizens, a citizenship that we have tional and voting representation in the fending our country and its free institutions, cherished and valued ever since and de- Congress that determines our rules of the least we can do at home is make sure fended with our blood. In 1952 the is- conduct and our future. they are able to enjoy the rights that they land became a so-called Common- Mr. Speaker, this great Nation of are being asked to fight to preserve. wealth of the United States, a change ours, the example and inspiration of Having been in the military, I can that did not affect the island’s status democracies throughout the world, the personally vouch for the importance of as an unincorporated territory of the inspiration to the Chinese that re- continuing the right of military per- United States subject to the jurisdic- volted in Tiananmen, the inspiration of sonnel to vote in Federal, State, and tion of Congress. the revolt, the Hasidic Revolt in Po- local elections wherever they may be But if the Chinese proverb that a land, the inspiration of the unification assigned in the world. During my 29 journey of a thousand miles must begin of Germany, the inspiration of many years in the Air Force, I often found with a single step is true, then the ac- other countries throughout the world, myself thousands of miles away from tions to finally decolonize and end the the inspiration of the peaceful revolt in my hometown of Plano, TX, but re- disenfranchisement of the United Russia, cannot continue to uphold the gardless of whether I was in Asia, Eu- States citizens of Puerto Rico is mere- policy that denies political participa- rope, or another far-off place, I was ly the first step. tion and disenfranchises 3.8 million of still a citizen of the United States and H.R. 856 is undoubtedly the most im- its own citizens. We cannot continue to the State of Texas, and I shared the portant step that we have taken in this hide our heads in the sand like os- same interests and concerns as my fel- journey to resolve the issue of political triches and pretend that nothing is low Texans. and economic inequality that has in- happening. We are talking about the Through my years in the military I fused the people of Puerto Rico for the lives, the well-being, and the voting saw countless acts of sacrifice by mem- last 100 years. rights of 3.8 million U.S. citizens. We bers of our Armed Forces to protect I have devoted most of my adult life are not talking about illegal immi- and ensure the rights of others less for- to this struggle and to leading my peo- grants or legal residents. We are talk- tunate than us. I cannot imagine com- ple in this long and treacherous jour- ing about U.S. citizens. ing to a time in our history when someone would take action to deny the ney. As former mayor of San Juan, I am encouraged by the fact that we right of our servicemen and service- Puerto Rico’s capital city, as former have been able to gather so much bi- Governor and now a Member of Con- women to vote. partisan support for this legislation in Unfortunately, that point was gress, I have heard my people’s voices so little time. A similar version of this reached last November in Val Verde and have shared their dreams and aspi- bill will be introduced in the Senate County in southern Texas when the rations. These voices, questions, and within the next weeks, and the support votes of 800 military personnel were aspirations resonate loudly in the is- there seems to be as strong and as bi- questioned in a general election. The land, although to most Americans liv- partisan as it is here in the House. margin in the sheriff’s election was 257 ing in the continental United States We are more than halfway through votes, and for county commissioner it they may seem as distant echoes re- the 1990’s, a decade that the United Na- was 113. The Texas Rural Legal Aid has flecting the deep unease and dis- tions General Assembly declared to be alleged that 800 military absentee bal- enchantment with our current rela- the international decade for the eradi- lots were improperly counted, and sub- tionship. cation of colonialism. Next year Puerto sequently U.S. District Judge Fred College students in Puerto Rico ask Rico will commemorate its 100th year Biery violated, in my view, the opinion me if our present status will deny them as a United States colony. Should we and the will of the people and issued a equal treatment in Federal education celebrate or should we mourn? Will we preliminary injunction to prevent the programs that they desperately need to see a silver lining in the sky by 1998 or sheriff and county commissioner from succeed in today’s competitive world. will we see more of the same? taking office. Texas Rural Legal Aid is Young couples ask me why they have Our Nation cannot seek to promote a taxpayer funded group that is sup- to move to the States in order to and at times enforce democracy else- posed to provide legal services for the search for opportunities that are not where in the world while it relegates poor. They receive about 80 percent of available in Puerto Rico. Puerto Rican 3.8 million of its own citizens to indefi- their funding from the Legal Services veterans who have served the United nite second class status, disenfran- Corporation, an organization that is States gallantly in all of the Nation’s chised, discriminated against, and un- fully funded by U.S. taxpayers. wars and conflicts in this century ask able to exercise the most basic right in While the Legal Services Corpora- me why they cannot vote for the Presi- a democracy, the right to vote and par- tion’s purpose is supposed to provide dent that as Commander in Chief may ticipate in its government. legal services to the poor, it is fre- also send their sons and daughters to Mr. Speaker, to ignore the situation quently embroiled in controversial fight and die in times of war. The el- of Puerto Rico is to betray the spirit of cases which it works to advance liberal derly ask me why their health benefits our democratic values and traditions. social policies. In fact, in this particu- and other support programs are less f lar case the Legal Service Corporation than if they resided in New York, Illi- efforts have been to the detriment of nois, California, Florida, or any other THE MILITARY VOTING RIGHTS the poor, who are in need of legal help, State of the Union. I have heard the ACT OF 1997 but because they are so consumed with voice of a grandmother wondering why The SPEAKER pro tempore. Under the Val Verde case, there is no one to her son who died in Vietnam gave his the Speaker’s announced policy of Jan- offer legal services for those truly in life for a country that denies her and uary 21, 1997 the gentleman from need. her grandchildren the right to partici- Texas, [Mr. SAM JOHNSON] is recognized This raises a question: Does the tax- pate on equal terms. The answer to during morning hour debates for 5 min- payer funded legal services agency this question is clear. We are unequals utes. have a political agenda? The lengths to because we are not partners. Mr. SAM JOHNSON of Texas. Mr. which they are willing to go to make the case was illustrated in a 23-page b 1245 Speaker, the voting rights of America’s servicemen and servicewomen are questionnaire that was sent to all 800 We are unequals because we are sub- being challenged. You know, in 1952, military personnel whose ballots were merged in a colonial relationship in President Harry Truman said, rejected. They were instructed to re- which our economic, social, and politi- Many of those in uniform are serving over- turn their notarized answers within 3 cal affairs are controlled to a large de- seas or in parts of the country distant from days. gree by a government in which we have their homes. If they are unable to return to The questionnaire is intrusive and no voting influence and in which we do their States, they are unable either to reg- totally out of line. It asked for per- not participate. We are unequals be- ister or to vote. Yet these men and women sonal information such as ‘‘What is the H816 CONGRESSIONAL RECORD — HOUSE March 11, 1997 address where your spouse sleeps at der. In fact, more than 280 million peo- urge all of my colleagues to refrain night?’’ and to top it all off, taxpayer ple passed back and forth between Mex- from political posturing in the name of money was used again to produce and ico and the United States during fiscal fighting drug trafficking and to oppose mail this intrusive questionnaire. year 1996. this resolution. The response on Capitol Hill has been A vote to decertify Mexico would f overwhelming. On January 6, Senators greatly jeopardize the spirit of co- OPPOSE HASTY ACTION ON REVIS- GRAMM and HUTCHINSON and Represent- operation we have developed with Mex- ING THE CONSUMER PRICE ative BONILLA wrote to Attorney Gen- ico. In addition, the threat of decerti- eral Janet Reno and asked her to inter- fication causes the peso to plunge, as INDEX vene on behalf of the military voters. we saw late last month, which not only The SPEAKER pro tempore. Under The Department of Justice answered has an adverse effect on the Mexican the Speaker’s announced policy of Jan- that they cannot act on this until a economy, but can also increase the uary 21, 1997, the gentleman from New judgment is rendered. The Senators pressures on our border communities Jersey [Mr. SAXTON] is recognized dur- also received the Legal Service’s chair- and has the potential to increase ille- ing morning hour debates for 5 min- man to investigate the lawsuit and cut gal immigration. utes. off all Federal funds. Drug trafficking is not just a Mexi- Mr. SAXTON. Mr. Speaker, I rise this On February 5, Senators GRAMM and can problem or issue. We on the north- morning to express my strong opposi- HUTCHINSON introduced the Military ern side of the border must do more to tion to hasty action on the issue of re- Voting Rights Act of 1997. This bill will stem the demand for illicit drugs. The vising the Consumer Price Index to ad- guarantee the right of all active mili- good news is that the number of people just Federal income tax and benefit tary personnel, Merchant Marine, and using drugs last month declined. The programs. Congress should closely ex- dependents to vote in Federal, State, bad news is an estimated 12.8 million amine the technical issues involving and local elections. This same bill has Americans, or about 6 percent of the the Consumer Price Index until it has been introduced in the House by HENRY household population aged 12 and older, all the information needed to make BONILLA and myself. We are fighting have used illicit drugs within the past policy changes in this area. A trillion the battle here in Washington, and oth- 30 days. dollars in tax increases and benefit re- ers are on the frontlines in Texas. A Illegal drugs are readily available al- straints in programs like Social Secu- united front will stop this kind of reck- most anywhere in the United States. rity would affect too many millions of less activism from encroaching on the We have not done enough to deter drug people to make decisions on the basis rights of all Americans. use among our Nation’s children and in of incomplete information. I think this ridiculous lawsuit is a our Nation’s neighborhoods. Illegal After all, it took a panel of five pro- blatant challenge to the military’s drug trafficking is not just a Mexican fessional economists 2 years to sort out right to vote and sets a dangerous problem, it is our problem, and we these issues in producing a report, precedent for the denial of basic rights, must do more to reduce drug use and which is known as the Boskin report, the power of judges to interfere with not just point fingers at our neighbor which came out last December. Mem- valid election results. It used to be to the south. bers of Congress need to carefully con- standard practice to impeach judges Mexico has taken a number of steps sider the main issues in this report and who nullify elections. Maybe it ought in the last year to strengthen its ef- judge for themselves whether its rec- to be again. forts to fight the spread of illegal ommendations for congressional action f drugs, and they have done so by aggres- are warranted or not. sively fighting corruption, they have The Consumer Price Index is pro- VOTE AGAINST HOUSE JOINT RES- done so by overhauling Federal agen- duced by the Bureau of Labor Statis- OLUTION 58 TO DECERTIFY MEX- cies and recruiting qualified personnel. tics, the same agency that generates ICO They have done so by strengthening employment and unemployment fig- The SPEAKER pro tempore. Under counter-drug cooperation with the ures. The CPI is a fairly old statistic, the Speaker’s announced policy of Jan- United States, and they have done so and a committee headed by George uary 21, 1997, the gentleman from by improving their extradition policy. Stigler reported to the JEC in 1961 its Texas [Mr. REYES] is recognized during All of these things produce positive re- finding on issues related to this index morning hour debates for 5 minutes. sults in Mexico’s fight on drugs. involving product substitution, product Mr. REYES. Mr. Speaker, I rise this The Republic of Mexico has been cer- quality changes, updating market bas- morning to urge my colleagues to sup- tified since 1986, and, moreover, the kets, treatment of new products, and a port the President’s decision to certify historical relationship between Mexico number of other issues. More recently, Mexico and vote against House Joint and the United States has been one of the Boskin Commission report re- Resolution 58 to decertify Mexico. increasing cooperation and furtherance viewed many of these same issues, and Mr. Speaker, this is an issue that I of mutual interests. Over the past 10 this report has sparked considerable know something about. Before being years our southern neighbor has co- controversy. elected to Congress, I spent more than operated with our efforts to stem drug I think it is fair to say that although 26 years as a member of the U.S. Bor- trafficking while at the same time there is consensus that the CPI may be der Patrol enforcing this Nation’s dealing with severe economic, politi- overstating inflation, the extent of the interdiction laws. I have personally ob- cal, and serious trade developments. overstatement is very debatable and served Mexico’s commitment to stem Mr. Speaker, if we want to address questionable. It is also worthwhile to the tide of drug trafficking and have the basic problems surrounding the note that Congress, rightly or wrongly, witnessed its strong cross-border drug certification process, then let us do choose to index a variety of Federal interdiction efforts. I have been on the that. If we are serious about our efforts benefits and tax provisions after the front lines in the so-called war on to combat drug abuse, then we need to Stigler committee issued its report in drugs, and I am here today to tell my do better on our side of the border. But 1961. There would seem to be ample colleagues that this resolution to de- this resolution does not resolve any- reason for Congress to examine these certify Mexico may be only symbolic thing. It does not do anything to take issues carefully before making hasty to us, but it has with it some serious drug dealers off the street, it does not policy decisions. implications and consequences to those do anything to help law enforcement b of us that live along the border, and I agencies on our border, and it does not 1300 do not mean just people that live ex- do anything to promote good will and Now, as I have pointed out, the pol- clusively in Mexico. understanding with our neighbors in icy decisions made regarding the CPI We have developed a spirit of co- Mexico. It only strains our relationship would affect millions of Americans. Ac- operation with Mexico in many areas: with our neighbor, and it is very coun- cording to a recent Joint Economic trade, environment, immigration, as terproductive. Committee analysis, about 40 percent well as drug interdiction. Our econo- When all is said and done, Mr. Speak- of the direct effects of legislative re- mies are interdependent along the bor- er, more is said than actually done. I ductions to the CPI would comprise tax March 11, 1997 CONGRESSIONAL RECORD — HOUSE H817 increases. That is, taxes would go up if sured children are at risk of contract- eligible for more Federal funding. Mas- the CPI is adjusted downward, and that ing preventable illnesses, illnesses that sachusetts is watching that revenue do would of course be primarily on middle cost far more to treat than they do to what every State in the Nation should class taxpayers, with tax increases prevent. Millions of kids without insur- do, and that is cover children’s health averaging over $400 per year by the ance means millions of kids without a care. year 2008, and the remainder of the ad- secure future and millions of dreams Mr. Speaker, we must understand justments would fall on entitlement deferred. that it is in the best interests of our beneficiaries like Social Security re- Families with uninsured kids do not country to recognize and provide for cipients who would get lower annual want their children to be vulnerable, children in need. As Members of Con- cost-of-living adjustments. Congress but they live from month to month and gress, we would not send troops into should consider whether this mix of paycheck to paycheck with little battle knowing that one-seventh of policy for deficit reduction achieves money in the family budget to spare. their equipment was faulty. As Govern- the desired results in the best way. These families are hard-working fami- ment officials, we would not agree to To date, the debate has been framed lies, forced by their economic position build bridges if 1 in 7 fell to the ground. by the Boskin Commission report, but to choose between paying for things And as parents, we would never send additional information and analysis is like food and rent, hot water and elec- our children to schools in which 1 stu- needed for balanced decisionmaking on tricity, and paying for things like pre- dent in 7 did not see a teacher. this complicated issue. For this reason scriptions or doctor visits for their Massachusetts should serve as an in- I have requested an indepth Bureau of kids. spiration for the rest of our Nation. Labor Statistics study of the technical So what happens when a child’s Mr. Speaker, it is a national scandal issues raised by the Boskin Commis- health needs are deferred? Well, their that 40 million Americans are without sion. families pay dearly. For example, one- health insurance in this country, but it It is my hope that the BLS will com- third of uninsured children with reoc- is absolutely unconscionable that near- plete its investigation and report this curring ear infections never see a doc- ly 10 million kids find themselves with- summer. In fairness to the many mil- tor. Many suffer hearing loss that is out proper health care. Every Member lions of Americans that could be af- permanent and, what is worse, was pre- of this body earns an enormous salary fected by these policy changes, I would ventable. and enjoys a first-rate health care hope that Congress would receive and But the health care crisis goes be- plan. Why should our children deserve digest the forthcoming BLS study be- yond health and money; it affects our any less? Now, I have no illusions about our fore hasty actions are taken. Though children’s very capacity to learn and to present political environment. I under- the BLS is certainly not above criti- grow. When I was a little kid, I remem- stand that this Republican Congress is cism and perhaps should have acted ber having trouble learning in school. I nowhere near heeding the call for uni- more strongly in this area heretofore, was getting terrible headaches all the versal health care coverage. But while more than one perspective is needed, time and I had a lot of trouble con- we cannot cover everyone yet, we must and the BLS can provide that perspec- centrating. I remember vividly the day do what we can today. So let us make tive for sound policymaking with re- that my parents took me to the doctor to get my eyesight checked. As it sure that our kids are covered. As spect to the CPI. Members of Congress, we have a re- Mr. Speaker, the American people turned out, I was getting headaches be- sponsibility to prepare our children to have seen enough tax increases, and cause I could not see the blackboard, be leaders tomorrow by insuring that they are entitled to know that Social and there was a simple solution: I need- they receive a healthy start today. Our ed eyeglasses. Security cost-of-living adjustments children deserve no less. will be safe. They do not need these Now, I would be lying if I said I was f programs tampered with through the really excited about the prospect of back-door adjustment of the CPI. getting eyeglasses as a kid. But as I OUR CHILDREN NEED OUR HELP f was able to read what the teacher The SPEAKER pro tempore. Under wrote on the board and as my head- the Speaker’s announced policy of Jan- OUR CHILDREN MUST BE OUR aches began to disappear and as my PRIORITY uary 21, 1997, the gentleman from Geor- concentration began to improve, I was gia [Mr. LEWIS] is recognized during The SPEAKER pro tempore (Mr. so inspired that I told my parents I morning hour debates for 5 minutes. EHLERS). Under the Speaker’s an- wanted to grow up to be an eye doctor. Mr. LEWIS of Georgia. Mr. Speaker, nounced policy of January 21, 1997, the To be frank, my mother still thinks I am dismayed that in our great coun- gentleman from Massachusetts [Mr. that I should have become an eye doc- try, there are children who do not have MCGOVERN] is recognized during morn- tor rather than the career path that I health insurance. There are 10 million ing hour debates for 5 minutes. chose. But I learned a valuable lesson children. That is not right. That is not Mr. MCGOVERN. Mr. Speaker, this from that firsthand experience, and fair. That does not make sense. Thursday, House Democrats will intro- that is keeping our kids healthy is the Our country is too rich, too powerful, duce one of the major planks of the best way to secure their future. too strong to have children without families first agenda: the Children’s Now, my own State of Massachusetts health insurance. We cannot call our- Health Care Act. has seen some very positive changes selves truly great when we do not pro- Mr. Speaker, one child in seven liv- concerning health care in the past few vide for our most vulnerable and most ing in the United States is without years. Massachusetts worked hard to precious, our children. health insurance. That is about 10 mil- craft a bill called An Act to Improve This is a problem that we can fix and lion uninsured kids. This statistic is Health Care Access. Now the law of the we must fix. As a nation we made a not really startling, it is simply unac- Commonwealth, this landmark piece of commitment to educate our children. ceptable. It is unacceptable for a na- legislation is on the verge of giving We do this because it is good for them tion as wealthy and as powerful as ours basic coverage to some 125,000 kids in and it is good for all of us. Now we to be denying our kids the health cov- Massachusetts. That is 80 percent of must make another commitment. It is erage that they need and that they de- the uninsured children in the State of time to keep all of our children serve. Massachusetts. healthy. Each and every child, rich and Mr. Speaker, I did not have to look So how was something like this fi- poor, black and white, in the big cities very far to see firsthand evidence of nanced? Well, Massachusetts has found to the suburbs of rural America. Each this national crisis. Just 2 years ago in the funds to undertake this bold plan and every child should be able to see a my home State of Massachusetts, 23 in two areas. First, administrators doctor, to get medicine when they are percent of children under the age of 18, found savings by streamlining and fine- sick, to have medical care when they or some 160,000 kids, were without even tuning the way these programs are need help. A sick child cannot go to basic health insurance. And it does not managed. Second, Massachusetts im- school, cannot learn. A sick child can- take a pediatrician to understand what plemented a 25-cent-per-pack cigarette not build for the future. A healthy this meant for Massachusetts. Unin- tax, a move that made my home State child can study, work, and dream. H818 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Mr. Speaker, there is no one right I pledge allegiance to the Flag of the Unit- own money rather than having it go to way to solve this problem, but we must ed States of America, and to the Republic for groups like the Dry Pea and Lentil solve it. We must focus our collective which it stands, one nation under God, indi- Council, please join us in this effort. energy, the House, the Senate, and the visible, with liberty and justice for all. Let us get rid of the Market Access White House, to solve this problem for f Program. the sake of all of our children. Let us APPOINTMENT OF MEMBERS TO f come together and make a real com- JOINT ECONOMIC COMMITTEE AMERICA SOLD LOCK, STOCK, AND mitment to find a solution. Let us put PORK BARREL aside partisan differences, and let us The SPEAKER. Pursuant to the pro- join together to help each and every visions of 15 U.S.C. 1024(a), the Chair (Mr. TRAFICANT asked and was one of our children. appoints the following Members of the given permission to address the House None of our children, not one, should House to the Joint Economic Commit- for 1 minute.) Mr. TRAFICANT. Mr. Speaker, news be left out or left behind. We can, we tee: Messrs. STARK, HAMILTON, reports say that China tried to influ- must work together to provide health HINCHEY, and Mrs. MALONEY of New ence and buy last year’s Federal elec- care for all of our children. The future York. tions, including the Presidency. All of of our children and the future of our f America is in an uproar. Newspapers Nation depends upon it. RESIGNATION AS MEMBER OF are in shock and people are calling the f COMMITTEE ON SMALL BUSINESS talk shows on the radio and saying they believe America is for sale. Can RECESS The SPEAKER laid before the House you blame them? The SPEAKER pro tempore. Pursu- the following resignation as a member China gets most-favored-nation trade ant to clause 12 of rule I, the House of the Committee on Small Business: status but sells missiles to our en- stands in recess until 2 p.m. HOUSE OF REPRESENTATIVES, emies. Japan keeps raping our market- Accordingly (at 1 o’clock and 10 min- Washington, DC, March 10, 1997. place, approaching $70 billion in sur- utes p.m.), the House stood in recess Hon. NEWT GINGRICH, pluses, and they keep denying our Speaker of the House, Capitol, until 2 p.m. Washington, DC. products. Mexico gets billions of dol- f DEAR MR. SPEAKER: I request that I be lars from us and they ship narcotics to granted a leave of absence from the House our streets. And now American compa- b 1400 Committee on Small Business in order to ac- nies overseas are advertising in the cept an appointment to the House Perma- newspaper for American workers to AFTER RECESS nent Select Committee on Intelligence. move overseas and get a good, livable The recess having expired, the House Thank you very much for your time and wage job. was called to order by the Speaker at 2 cooperation. Beam me up, Mr. Speaker. America is p.m. Sincerely, not for sale. I think America has al- IKE SKELTON, ready been sold, and I think Congress f Member of Congress. should start looking into it. Sold, lock, The SPEAKER. Without objection, PRAYER stock, and pork barrel. the resignation is accepted. f The Reverend Dr. Ronald F. Chris- There was no objection. tian, Evangelical Lutheran Church of f PROTECT AMERICA’S BORDERS America, Washington, DC, offered the (Mr. SAM JOHNSON of Texas asked following prayer: MARKET ACCESS PROGRAM and was given permission to address Almighty God, we acknowledge that ELIMINATION ACT the House for 1 minute.) You have made us in Your own image, (Mr. CHABOT asked and was given Mr. SAM JOHNSON of Texas. Mr. so we pray: Look with love and com- permission to address the House for 1 Speaker, I like those last remarks. passion on Your whole human family. minute.) Mr. Speaker, I am outraged, also, at Take away from any of us the arro- Mr. CHABOT. Mr. Speaker, a lot of the President’s lack of leadership in gance we may have for our own impor- the backroom deals in this town in- protecting our borders from the inva- tance and significance. Dissolve any volve taking money away from middle- sion of Mexican drug lords. hatred that infects our hearts and in- class people who work for it and then An article in the Dallas Morning flicts our spirits. Break down the walls giving it to special interests who lobby News yesterday illustrated the na- that may separate us one from the for it. tional disaster we now have on the other. And, through our struggle and One of the most outrageous transfer Texas border. Our ranchers, their fami- confusion, use our work to bring about programs around now is called the lies, live in constant fear. Their cattle Your purpose, so that in Your good Market Access Program, or MAP. In and dogs are being killed by the drug time and season our work and our ef- this particular scheme the Government guys. Their houses are being robbed. forts and our decisions may serve the takes money away from taxpayers and Recently a Border Patrol guard was common good of all Your people, and in gives it to corporate trade associations gunned down by drug smugglers. These Americans live in a virtual war zone quiet harmony may they promote Your to advertise their products overseas. with no relief in sight. will and goodness. Amen. We are dipping into the pockets of av- f Eight months ago our drug czar stood erage Americans in order to subsidize in Texas and announced swift action private, politically preferred business THE JOURNAL must be taken. Congress responded by dealings. So when I say the program is authorizing 1,000 new drug agents in The SPEAKER. The Chair has exam- outrageous, I mean just that. It should ined the Journal of the last day’s pro- each of the next 5 years. Guess what? cause outrage. It is about as close to Our President only actually imple- ceedings and announces to the House legalized theft as you can get. his approval thereof. mented 500. If businesses want to advertise over- It is time for this President to stop Pursuant to clause 1, rule I, the Jour- seas, great. They should do it, but with paying lip service to a problem that de- nal stands approved. their own money. They should not beg mands attention now. No one in Amer- f Congress to squeeze the taxpayers even ica should be held hostage in their own more than they are already squeezed PLEDGE OF ALLEGIANCE house. We protect the borders around with the high taxes we have in this the world. It is time we started pro- The SPEAKER. Will the gentleman country. tecting our own. from Ohio [Mr. TRAFICANT] come for- That is why the gentleman from New f ward and lead the House in the Pledge York [Mr. SCHUMER] and I have intro- of Allegiance. duced H.R. 972, the Market Access Pro- HEALTH CARE FOR CHILDREN Mr. TRAFICANT led the Pledge of gram Elimination Act. If you want tax- (Ms. DELAURO asked and was given Allegiance as follows: payers to be able to keep more of their permission to address the House for 1 March 11, 1997 CONGRESSIONAL RECORD — HOUSE H819 minute and to revise and extend her re- suspend the rules on which a recorded I strongly support Ambassador marks.) vote or the yeas and nays are ordered, Barshefsky’s nomination as USTR. In Ms. DELAURO. Mr. Speaker, during or on which the vote is objected to her capacity as Deputy USTR, Acting the time it takes me to give these re- under clause 4 of rule XV. USTR and USTR-Designate, she has marks today, two American children Such rollcall votes, if postponed, will served the United States admirably, will lose their health insurance. One be taken after debate has concluded on forging a number of important trade minute, two children. Three thousand all motions to suspend the rules, but agreements which opened markets for three hundred every day of the year not before 5 p.m. today. U.S. exports. added to the ranks of the uninsured. f Unfortunately, because of a provision Children are losing their health insur- WAIVING CERTAIN PROVISIONS OF adopted last Congress that amends the ance at twice the rate of adults. This is TRADE ACT OF 1974 RELATING Trade Act of 1974, we must take action truly a national crisis. TO APPOINTMENT OF U.S. in the House today in order to permit Last weekend in Hershey, PA, Mem- TRADE REPRESENTATIVE Ambassador Barshefsky to serve as bers of the Congress from both sides of USTR. In very vague terms, current the aisle came together for a bipartisan Mr. ARCHER. Mr. Speaker, I move to law bans the nomination of anyone as suspend the rules and pass the Senate retreat. We talked about the impor- USTR or Deputy USTR if that person joint resolution (S.J. Res. 5) waiving tance of working together and finding has ever aided, represented, or advised certain provisions of the Trade Act of common ground on important issues a foreign government in a trade nego- 1974 relating to the appointment of the that face American families. tiation or trade dispute. We must seek U.S. Trade Representative. Surely we can all agree that there is The Clerk read as follows: this waiver today because Ambassador no issue more important to our fami- Barshefsky had a minimal advisory S.J. RES. 5 lies than our children, for they are the role to the Canadian Government a future of this Nation. Let us pledge to Whereas paragraph (3) of section 141(b) of number of years ago and would there- the Trade Act of 1974 (19 U.S.C. 2171(b)(3)) be- work together, Democrats and Repub- came effective on January 1, 1996, and pro- fore be automatically precluded from licans, to see that every child in Amer- vides certain limitations with respect to the serving as USTR despite this very, very ica has basic health care coverage. Let appointment of the United States Trade Rep- minor role. us come together and pledge to resentative and Deputy United States Trade b 1415 strengthen our families and to put the Representatives; expansion of health care for children at Whereas paragraph (3) of section 141(b) of Now I agree we should not have indi- the top of our legislative agenda. the Trade Act of 1974 does not apply to any viduals in positions of authority over individual who was serving as the United f our trade policy if there is any doubt of States Trade Representative or Deputy Unit- their loyalty to the United States and TRIBUTE TO ROBERT PASCHAL ed States Trade Representative on the effec- commitment to trade policies that ben- tive date of such paragraph (3) and who con- efit our economy, businesses and work- (Mr. LEWIS of Georgia asked and was tinued to serve in that position; given permission to address the House Whereas Charlene Barshefsky was ap- ers. However, I believe that this provi- for 1 minute and to revise and extend pointed Deputy United States Trade Rep- sion is an intrusion into the current his remarks.) resentative on May 28, 1993, with the advice confirmation process, which already Mr. LEWIS of Georgia. Mr. Speaker, and consent of the Senate, and was serving permits Congress to consider the back- I rise today to pay tribute to a great in that position on January 1, 1996; ground of candidates and whether prior man and a great institution, Robert Whereas paragraph (3) of section 141(b) of representation is relevant to the abil- Paschal, the founder and owner of the Trade Act of 1974 does not apply to ity of an otherwise qualified individual Charlene Barshefsky in her capacity as Dep- to carry out the tasks of any of these Paschal’s Motor Hotel and Restaurant, uty United States Trade Representative; and who recently passed away. Whereas in light of the foregoing, it is ap- positions. Indeed, it severely limits the Mr. Paschal moved to Atlanta at a propriate to continue to waive the provisions pool of qualified candidates for these young age and opened a soda fountain of paragraph (3) of section 141(b) of the Trade positions in a way that may well be un- and a hot dog stand. The small stand Act of 1974 with respect to the appointment constitutional. grew into an Atlanta institution, an es- of Charlene Barshefsky as the United States In fact, when the provision was being tablishment famous for its fried chick- Trade Representative: Now, therefore, be it considered last year, the Justice De- Resolved by the Senate and House of Rep- partment wrote to the gentleman from en. He helped build a business the old- resentatives of the United States of America in fashioned way, the hard way, through Congress assembled, That notwithstanding the Illinois [Mr. HYDE] of the Committee hard work. provisions of paragraph (3) of section 141(b) on the Judiciary that the provision My first meal in Atlanta was at of the Trade Act of 1974 (19 U.S.C. 2171(b)(3)) raises serious constitutional concerns Paschal’s during the civil rights move- or any other provision of law, the President, because it limits the President’s con- ment. This man practically fed the en- acting by and with the advice and consent of stitutional prerogatives to nominate tire movement. Paschal’s was one of the Senate, is authorized to appoint persons to a senior executive position, the few places blacks and whites could Charlene Barshefsky as the United States particularly in the trade area, a letter Trade Representative. socialize and discuss the order of the The SPEAKER pro tempore. Pursu- that I am submitting for the RECORD day. It was there we talked about the ant to the rule, the gentleman from today. Accordingly, I urge my colleagues to Selma march, the Poor People’s Cam- Texas [Mr. ARCHER] and the gentleman support the waiver of this provision for paign, and the Mississippi summer from New York [Mr. RANGEL] each will project. It was there we checked the control 20 minutes. Ambassador Barshefsky’s nomination pulse of the movement. Paschal’s was The Chair recognizes the gentleman as USTR. I believe she has done a good referred to as the Paschal precinct, and from Texas [Mr. ARCHER]. job in her other capacities, and I think to this day it is a meeting place, a GENERAL LEAVE she will do a good job in the future. gathering place for all Atlanta. Mr. ARCHER. Mr. Speaker, I ask Mr. Speaker, I include the following So when Robert Paschal left us, we unanimous consent that all Members for the RECORD: lost a part of Atlanta, part of our his- may have 5 legislative days within AGENCY VIEWS tory and our hearts. He will be missed which to revise and extend their re- U.S. DEPARTMENT OF JUSTICE, by our city and our State. marks and include extraneous material OFFICE OF LEGISLATIVE AFFAIRS, f on Senate Joint Resolution 5. Washington, DC, November 7, 1995. The SPEAKER pro tempore. Is there Hon. HENRY HYDE, ANNOUNCEMENT BY THE SPEAKER objection to the request of the gen- Chairman, Committee on the Judiciary, PRO TEMPORE House of Representatives, Washington, DC. tleman from Texas? The SPEAKER pro tempore (Mr. DEAR MR. CHAIRMAN: This provides the There was no objection. views of the Department of Justice on S. GOODLATTE). Pursuant to the provi- Mr. ARCHER. Mr. Speaker, I yield 1060, the ‘‘Lobbying Disclosure Act of 1995,’’ sions of clause 5 of rule I, the Chair an- myself such time as I may consume, as passed by the Senate. We understand that nounces that he will postpone further and I rise in strong support of Senate the House may act on this legislation later proceedings today on each motion to Joint Resolution 5. this year. H820 CONGRESSIONAL RECORD — HOUSE March 11, 1997 The Department strongly supports the pur- ment of Justice has long opposed broad re- mining whether coverage under this Act of pose of this bill and its central provisions. It strictions on the President’s constitutional any lobbying contact would substantially will ensure that federal officials are aware of prerogative to nominate persons of his burden a person’s exercise of religion, the the outside sources of information and opin- choosing to senior executive branch posi- standards of the Religious Freedom restora- ion made available to them and will signifi- tions. The restriction in the bill is particu- tion Act, 42 U.S.C. 2000bb–2000bb–4, shall cantly enhance public understanding of the larly problematic because it operates in an apply. lobbying process. area in which the Constitution commits spe- The bill could also include a provision that Certain features of the bill, however, cial responsibility to the President, who ‘‘is ‘‘any regulation promulgated hereunder present difficulties that can and should be the constitutional representative of the shall incorporate the maximum protection remedied. United States in its dealings with foreign na- under the Constitution and laws of the Unit- First, the Department has constitutional tions.’’ See, e.g., United States v. Louisiana, ed States for the exercise of religion by lob- concerns about the role the bill gives to the 363 U.S. 1, 35 (1960). The officers in question byists or clients.’’ Secretary of the Senate and the Clerk of the perform diplomatic functions as the direct Alternatively, a more general exemption, House; the bill’s disqualification of certain representative of the President, a fact that reaching non-religious as well as religious organizations, would not raise Establish- persons from serving as United States Trade Congress itself has recognized by providing ment Clause problems. See Texas Monthly, Representative or Deputy United States that they should enjoy the rank of ambas- 489 U.S. at 15–16 (plurality opinion); id. at 27– Trade Representative; and the specific man- sador, 19 U.S.C. § 2171(b). Regardless of 28 (Blackmun, J., concurring). The Establish- ner in which the bill seeks to protect the ex- whether the President would, as a policy ment Clause would be implicated by a provi- ercise of religion, a goal with which the Ad- matter, be willing to accept this particular restriction, Congress would exceed its con- sion permitting churches and religious orga- ministration strongly agrees. nizations to use the narrower definition of Second, the Department has policy con- stitutionally assigned role by setting such a broad disqualification. See, e.g., Civil Serv- lobbying contained in 26 U.S.C. § 499(d), cerns about the relationship between the bill which would relieve them of some of the bur- and the Foreign Agents Registration Act of ice Commission, 13 Op. Att’y Gen. 516, 520–21 (1871). dens of the legislation in a manner similar to 1938, as amended, 22 U.S.C. § 611 et seq. that afforded other non-profit organizations. (FARA). 3. Section 3(8)(B)(xviii) would exempt lob- Relationship to Foreign Agents Registration Act Accordingly, we recommend that Congress bying contacts by churches and other reli- pass this legislation with certain changes to gious organizations from the registration re- In addition to these constitutional con- ensure that it is both constitutional and ef- quirements. The Administration supports cerns, we are concerned about the relation- fective. the strongest possible protection for the ex- ship between the bill and FARA set forth in ercise of religion. We are concerned however, sections 3(8)(B)(iv) and 9(3) of S. 1060. Ex- Constitutional concerns that the exemption now included in the bill empting from registration under FARA all 1. The bill provides that lobbyists would could be susceptible to valid constitutional agents of foreign principals who register need to file disclosure statements with the challenge in the courts. The Supreme Court under this bill would significantly reduce Secretary of the Senate and the Clerk of the has held that the Establishment Clause of public disclosure about such agents. It would House of Representatives. If those officials the First Amendment prohibits the govern- also reduce the Department’s receipts under determined that a lobbyist’s statement did ment from singling out religious organiza- its FARA user fees program, which may im- not comply with the law, they would notify tions for especially favorable treatment, plicate the ‘‘Pay-As-You-Go’’ provisions of the lobbyist. If the lobbyist did not correct whether in the form of an exemption from a the Omnibus Budget Reconciliation Act of the deficiency to their satisfaction, they government requirement or in the form of a 1990. could forward the matter to the United direct benefit. See, e.g., Board of Educ. of FARA reflects a judgment that broad dis- States Attorney for the District of Colum- Kiryas Joel v. Grumet, 114 St. Ct. 2481, 2487 closure is particularly important with re- spect to foreign influences on the political bia, who could bring an action for a civil file. (1994) (plurality opinion) invalidating cre- process. Accordingly, the extent of disclo- See §§ 4–7, S. 1060. The bill would define a ation of a special school district for religious sure with respect of activities, receipts and civil offense consisting of the knowing fail- community) (Establishment Clauses requires disbursements, including political contribu- ure to ‘‘remedy a defective filing within 60 that the government ‘‘pursue a course of days after notice of such a defect by the Sec- tions, required of agents of foreign principals neutrality toward religion, favoring neither under FARA is significantly more detailed retary of the Senate or the Clerk of the one religions over other nor religious adher- House of Representatives.’’ See § 7(2). than that required of all lobbyists under S. ents collectively over nonadherents’’) (inter- 1060. FARA also covers a broader range of po- This arrangement would raise serious con- nal quotation omitted). In Texas Monthly v. stitutional problems. Congress may not pro- litical activities than this bill, including ad- Bullock, 489 U.S. 1 (1989), for instance, the Su- vertising, public relations activities and po- vide for its agents to execute the law. preme Court held that the Establishment litical fund-raising. The result of enactment Bowsher v. Synar, 478 U.S. 714, 726, 733–34 Clause prohibits a state from exempting cer- of section 9(3) of the bill would be to exempt (1986); see also Metropolitan Washington Air- tain periodicals distributed by religious or- many agents of foreign principals from the ports Authority v. Citizens for the Abate- ganizations, and no other periodicals, from wider and more detailed disclosure of their ment of Aircraft Noise, Inc., 501 U.S. 252 its sales and use tax. activities FARA intended, whenever they (1991). Here, in contrast to the current law At the same time, the Court has permitted make a covered ‘‘lobbying contract’’ under that gives agents of the Congress the respon- the government in certain circumstances to this bill. sibility only to collect and publish informa- provide an exclusive ‘‘accommodation’’ to The Department recommends, therefore, tion, see 2 U.S.C. §§ 261–70, the bill would pro- religion. See Corporation of Presiding Bishop that agents of foreign principals who are re- vide that an action for one type of civil of- v. Amos, 483 U.S. 327 (1987) (upholding exemp- quired to register under FARA, and who in fense could be initiated against a lobbyist tion of secular nonprofit activities of reli- fact do so, be exempted from registration only if the congressional agents, pursuant to gious organization from Title VII prohibition under the Lobbying Disclosure Act. This ap- their interpretation of the statute, issued a on employment discrimination based on reli- proach would maintain the higher scrutiny notice finding the lobbyist’s filing to be defi- gion). The accommodation doctrine permits Congress has historically applied to foreign cient.1 The Secretary of the Senate and the the government to provide religion with an influences on the domestic political process. Clerk of the House of Representatives thus exclusive exemption from a regulatory It also has the advantage of maintaining would be performing executives functions of scheme when the exemption would ‘‘remov(e) government ‘‘user fee’’ revenues, because Buckley v. Valeo, 424 U.S. 1, 140–41 (1976) (ex- a significant state-imposed deterrence to the FARA recovers the costs of the administra- ecutive functions include giving ‘‘advisory free exercise of religion’’ Texas Monthly, 489 tion from the agent population, and the opinions’’ and making ‘‘determinations of U.S. at 15 (plurality opinion); see also Amos, present bill has no comparable revenue pro- eligibility for funds and even for federal elec- 483 U.S. AT 335 (government may act to ‘‘al- ducing mechanism. tive office itself’’), even though Congress leviate significant governmental inter- In summary, we strongly support the laud- may vest such functions only in officials in ference’’ with religious exercise). Under the able goals of S. 1060 and its central provi- the executive branch. Court’s accommodation doctrine, section sions. We stand ready to assist in the impor- 2. The bill would forbid the appointment, 3(8)(B)(xviii) would be far less susceptible to tant effort to achieve reform in this area. as United States Trade Representative or constitutional challenge if it were rewritten Please do not hesitate to contact us if we Deputy United States Trade Representative, to apply only when the operation of the Act may be of additional assistance in connec- of anyone who had ever ‘‘directly rep- would in fact burden the exercise of religion. tion with this or any other matter. The Of- resented, aided, or advised * * * a foreign Specifically, we recommend the following fice of Management and Budget has advised [government or political party] in any trade language, which tracks the standards enun- that there is no objection from the stand- negotiation or trade dispute with the United ciated by the Supreme Court and incor- point of the Administration’s program to the presentation of this report. States.’’ This provision, too, would raise se- porated in the Religious Freedom Restora- Sincerely, rious constitutional concerns. The Depart- tion Act, 42 U.S.C. 2000bb–4: (B) The term ‘‘lobbying contract’’ does not ANDREW FOIS, include a communication that is * ** Assistant Attorney General. 1 The Secretary of the Senate and the Clerk of the Mr. Speaker, I yield the remainder of House of Representatives would also ‘‘develop com- (xviii) of such a nature that its coverage mon standards, rules, and procedures for compli- under this Act would substantially burden my time to the gentleman from Illinois ance’’ with the Act. any person’s exercise of religion. In deter- [Mr. CRANE]. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H821 Mr. CRANE. Mr. Speaker, I would who is a tireless, dedicated person on fortunate to work with Ambassador prefer to let my distinguished col- behalf of the American people. I heart- Barshefsky and know very much how league on the minority side take prece- ily endorse the legislation before us well she carries out her duties. Ambas- dence over me. today and urge my colleagues to sup- sador Barshefsky has been instrumen- Mr. RANGEL. Mr. Speaker, I yield port it. Ambassador Barshefsky will be tal in developing and pursuing a strong myself such time as I may consume. a U.S. Trade Representative of which international trade policy and has suc- Mr. Speaker, I rise in strong support all of us will be proud. cessfully completed many negotia- of Senate Joint Resolution 5, legisla- Mr. Speaker, I reserve the balance of tions, but what I like best about the tion to waive certain provisions of the my time. ambassador is she is able and willing to Lobbying Disclosure Act of 1995 with Mr. SOLOMON. Mr. Speaker, will the get up from the table and walk away respect to the nomination of Ambas- gentleman yield? when nothing is being offered. Given sador Charlene Barshefsky to become Mr. CRANE. I yield to the gentleman her tenacity and resolve on behalf of the U.S. Trade Representative. This from New York. our country’s trade interests, I firmly legislation is necessary to complete (By unanimous consent, Mr. SOLOMON believe Charlene Barshefsky to be ca- the nomination process of Ambassador was allowed to speak out of order for 1 pable and well prepared. I have worked Barshefsky. The Ambassador has broad minute.) with few people who possess the ability bipartisan support and deserves to be ANNOUNCEMENT OF AMENDMENT PROCESS FOR to discuss the minimal, little, arcane, our next Trade Representative. H.R. 1, THE WORKING FAMILIES FLEXIBILITY ACT terribly, terribly difficult to under- Last week the other body approved Mr. SOLOMON. Mr. Speaker, I ask stand details of a trade pact and then her nomination and the waiver legisla- for this time for the purpose of making could look at the whole picture and ex- tion before us today by overwhelming an announcement. plain it to people who have to under- votes of 99 to 1 and 98 to 2, respec- Mr. Speaker, the Committee on Rules stand it. tively. During her 4 years, nearly 4 is planning to meet the week of March I am confident that the ambassador years, of service at the Office of the 17 to grant a rule which may limit the will continue to pursue a strong and USTR, first as Deputy USTR and since amendment process for H.R. 1, the fair trade agenda that seeks to pro- April of last year as Acting USTR, Am- Working Families Flexibility Act. The mote our national interests. We could bassador Barshefsky has compiled an Committee on Education and the not be better represented than having impressive record, opening foreign Workforce ordered the bill reported on this woman as our USTR. markets for U.S. exporters and defend- March 5. Amendments should be draft- Mr. CRANE. Mr. Speaker, I yield 1 ing U.S. trade interests. Recently, she ed to the text of the bill as reported, minute to our distinguished colleague, concluded successful multinational which will be filed tomorrow, Wednes- the gentleman from California [Mr. agreements which will reduce or elimi- day, March 12. Copies are also available MATSUI], the ranking minority member nate tariffs worldwide on trade and in- at the Committee on Education and on the Subcommittee on Trade. formation technology products and the Workforce office should Members Mr. MATSUI. Mr. Speaker, I thank which will open foreign markets for wish to view the bill today. the gentleman from Illinois, the chair basic telecommunication services. Any Member who wishes to offer an of the Subcommittee on Trade for Last December, she concluded a bi- amendment should submit 55 copies yielding me this time. Of course I lateral agreement with Japan on insur- and a brief explanation of the amend- thank the ranking member of the com- ance, which opens that market for ment by 12 noon on Monday, March 17, mittee as well. I appreciate this. This United States insurance providers. to the Committee on Rules, at room 312 is in the spirit of Hershey and biparti- Last year she also struck an agreement in the Capitol. Members should use the sanship. Mr. Speaker, I would only like to with China providing for stronger en- Office of Legislative Counsel to ensure support Senate Joint Resolution 5 as forcement of United States intellectual that their amendments are properly well. I think that this resolution is vi- property rights in that country. drafted and should check with the Of- tally needed given the fact that we Clearly, the Ambassador has shown fice of the Parliamentarian to be cer- need a waiver and a grandfather spe- that she is tough and a skillful nego- tain that amendments comply with the cifically for the next U.S. Trade Rep- tiator internationally. More impor- rules of the House. resentative, Ambassador Charlene tant, however, Ambassador Barshefsky Again, I call my colleagues’ atten- Barshefsky. As everyone knows, Am- understands that international trade tion to, if they want amendments con- bassador Barshefsky has been the Dep- and our Nation’s trade policies have an sidered to this legislation, they must uty USTR now for 4 years, and she has impact on the lives and future of all prefile them with the Committee on been perhaps one of the greatest rep- Americans. For that reason she Rules prior to noon on Monday, March resentatives we have had in terms of consults closely with Members of Con- 17. overseas negotiations. gress and the public at large on her ac- Mr. RANGEL. Mr. Speaker, I yield 2 Most recently under her leadership as tion, and she clearly recognizes that minutes to the gentlewoman from Con- acting USTR, the United States com- trade policy is a shared responsibility necticut [Mrs. KENNELLY]. pleted a multilateral agreement, the of the executive and legislative Mrs. KENNELLY of Connecticut. Mr. Information Technology Agreement, branches and carries her responsibil- Speaker, I thank the gentleman for which will cover over $500 billion in ities out accordingly. yielding this time to me. global trade, and just recently, in the For those who have questions or con- Mr. Speaker, I rise today in support last month, she and her staff have com- cerns about this waiver, it must be of Senate Resolution 5, which waives pleted the basic Telecommunications noted that Congress has previously certain provisions of the Trade Act of Services Agreement, which will actu- passed legislation to waive a statutory 1974. This resolution would grandfather ally cover over 90 percent of the global requirement on who may serve in a Ambassador Charlene Barshefsky from population and perhaps have an addi- particular Government position with the application of certain restrictive tional to $600 billion worth of trade, respect to a specific nominee. It should provisions of the Lobbying Disclosure and so I urge that we adopt Senate also be noted that as Deputy USTR, Act of 1995. The Senate has also done Joint Resolution 5 to make Charlene Ambassador Barshefsky was specifi- this on occasion when there has been Barshefsky the next U.S. Trade Rep- cally exempt from the provisions in an outstanding candidate before them resentative. question in the Lobbying Disclosure also. I would like to note, however, Mr. CRANE. Mr. Speaker, I yield 2 Act. The Senate Finance Committee that this resolution applies only to minutes to the gentleman from Oregon carefully studied her record in the pri- Ambassador Barshefsky and in no way [Mr. SMITH]. vate sector and agreed unanimously modifies the statute, nor does it have (Mr. SMITH of Oregon asked and was that a waiver was entirely appropriate implications for any other prospective given permission to revise and extend for Ambassador Barshefsky. nominee to serve as the U.S. Trade his remarks.) Mr. Speaker, in the past several Representative. Mr. SMITH of Oregon. Mr. Speaker, I years I have come to know, admire, As a member of the Committee on thank the gentleman for yielding this and work with Ambassador Barshefsky, Ways and Means, I have indeed been time to me. H822 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Mr. Speaker, I rise in support of Sen- On a related matter I want to correct I am certainly not going to ask for a ate Joint Resolution 5. As chairman of a continued misperception that was re- vote, and I know this is going to pass the Committee on Agriculture, I be- peated on the floor of the other body overwhelmingly, but it is no surprise lieve it is vital that the person rep- during debate on this measure. The our young people are responding to ads resenting the United States in trade gentleman from South Carolina took a in the newspaper box so-and-so where negotiations and resolutions of dis- statement from the RECORD made by the job is in Mexico and overseas. putes recognize that agriculture is an the chairman of the House Committee There is not going to be a damn job left extremely important and essential on Commerce, the gentleman from Vir- in this country. issue to be considered in all trade nego- ginia [Mr. BLILEY], and inferred from it The only thing that bothers me, I am tiations and resolutions of disputes. that the administration, by inference beginning to wonder if we have any- American farmers and ranchers, the USTR, asked this Member to amend body in the right circle that could ac- most productive in the world, can pros- section 310(b) of the Communications tually apply for these positions that per only where there is free and fair Act on their behalf. has never had a tie to a foreign nation. world trade. b 1430 Beam me up, here. I am a ‘‘no.’’ I am In fact, in 1996, Mr. Speaker, agricul- not going to ask for a vote, but I am This is simply not so. The statement tural exports totaled $60 billion, and opposed to this waiver, and I think the alluded to our efforts during debate on the agricultural trade surplus exceeded Congress should follow the laws that the Telecommunications Act to satisfy $26 billion. There is nevertheless ample they pass that have some common the concerns of the executive branch opportunity for expansion. It is incum- sense attached to them. regarding international investment in bent upon the administration, through U.S. telecommunications firms. How- f the Office of Trade Representative and ever, the chief changes made were in the Department of Agriculture, to ANNOUNCEMENT BY THE SPEAKER the area of national security, and we make sure that opportunities exist for PRO TEMPORE worked very closely with the FBI and trade expansion and that trade dis- The SPEAKER pro tempore. (Mr. National Security Agency and the CIA, GOODLATTE). The Chair would remind putes are resolved in a timely manner. and the effect was to tighten the law, I had the opportunity to meet Am- all Members to refrain from the use of not the loosen it. profanity in their speech on the floor. bassador Barshefsky, and she assures The input we received from the exec- Mr. CRANE. Mr. Speaker, I yield 2 me that her knowledge of agriculture utive branch came at the request of the minutes to our distinguished colleague, and her commitment to ensuring the cosponsor, the gentleman from Michi- proper emphasis will be on agriculture the gentleman from Louisiana [Mr. gan [Mr. DINGELL], and the advice we TAUZIN]. export issues. In our discussion we received came primarily from the secu- (Mr. TAUZIN asked and was given agreed that agriculture is the No. 1 rity agencies, as I recall, not from the permission to revise and extend his re- high technology export and that it is Office of the Trade Representative. also the No. 1 priority with the U.S. Of course, I did consult with USTR marks.) Trade Representative. In my discus- on the effect my language would have Mr. TAUZIN. Mr. Speaker, let me say sions with the Ambassador, she assures on their negotiations, as any respon- no one needs to be beamed up on this me that agriculture will be her top pri- sible legislator would, but these con- vote. This is a vote to confirm not only ority, and that is why I support Senate sultations came at my request, not the the appointment of Charlene Joint Resolution 5 and the waiver other way around, and I wanted to Barshefsky, who is now our Deputy needed to assure that she will be indeed point that out for the record. Trade Representative, to the Trade the next U.S. Trade Representative. Mr. RANGEL. Mr. Speaker, I yield 3 Representative, but also to pass a Mr. CRANE. Mr. Speaker, I yield 2 minutes to the gentleman from Ohio waiver that is necessary for that con- minutes to the gentleman from Ohio [Mr. TRAFICANT]. firmation to be complete. [Mr. OXLEY]. Mr. TRAFICANT. Mr. Speaker, I op- I want to first congratulate her on a (Mr. OXLEY asked and was given pose the resolution, I oppose the waiv- near unanimous confirmation in the permission to revise and extend his re- ers. Senate and the near unanimous vote in marks.) Current law says that no one may be the Senate on behalf of this resolution. Mr. OXLEY. Mr. Speaker, I rise in appointed as U.S. Trade Representative Let me point out that Charlene support of Senate Joint Resolution 5 or Deputy Trade Representative if they Barshefsky was already at USTR as regarding the appointment of Charlene have ever in their past represented a Deputy Trade Representative when the Barshefsky as U.S. Trade Representa- foreign government in a trade dispute law in question was passed last year. tive. I had the opportunity to work or a trade negotiation with the United So this grandfathering is in fact a rec- closely with the Ambassador and Dep- States. Now look, I think Charlene ognition of her already and continuous uty Trade Representative Jeff Lang Barshefsky is a great woman, a great service at the USTR. during negotiations on the WTO Tele- American, and may be doing a great Let me also state that as chairman of communications Agreement, and I job. However, one of the reasons we the Subcommittee on Telecommuni- must say that I was pleased with her passed this legislation is some of these cations and Trade of the Committee on determination to consult regularly trade representatives, after they leave, Commerce, we have all been extraor- with Congress during these talks, and I go on the employ of some of these for- dinarily impressed with the caliber of do mean regularly. They were most eign governments and companies over- service that this ambassador has al- helpful. seas. ready provided to this country. She has Perhaps more to the point, I was Now, we just passed this law a year worked cooperatively with our com- deeply impressed by what was achieved ago, and now we are about to waive it, mittee in keeping us informed and in Geneva. The agreement covers 95 with Japan approaching $70 billion in interacting with us throughout all the percent of rural telecom revenue, giv- trade surpluses, China approaching $50 WTO negotiations in Geneva that led ing United States firms unprecedented billion in trade surpluses. I have noth- to the successful passage of the recent access to markets in Europe, Asia, and ing against Charlene Barshefsky, but agreement in Geneva on telecommuni- Latin America, and covers some 70 here is the question I pose to the Con- cations and opening up those markets countries in its sweep. gress of the United States: Can we not all over the world to U.S. investment. In my opinion, the agreement is find one qualified American to be the That action alone is going to create proof that Charlene Barshefsky’s rep- trade representative of our country opportunities for American jobs and utation as a tough, stalwart negotiator that has never been in the employ of, businesses throughout the world in is well-deserved, and I would certainly represented a foreign interest, or had a telecommunications. It is patterned support the waiver. I am just sorry connection in resolving or monitoring very much after the 1996 Telecommuni- that we really have to have a waiver or negotiating or resolving a trade cations Act that this House and the because I think the provision in cur- matter on behalf of a foreign country Senate so unanimously joined in just rent law is too xenophobic and unreal- with our Nation? I think that is the 1996 to create an open market for the istic. issue. United States in telecommunications. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H823 I look forward as chairman of the exports, creates jobs and strengthens USTR’s representing, aiding or assisting any subcommittee very soon to receiving the American economy so that we can foreign government within three years of the testimony of Ms. Barshefsky before remain the world’s most competitive having served as USTR.3 The LDA extended our subcommittee, in not only report- Nation into the next century and be- the ban’s duration to a lifetime ban and its coverage to include Deputy USTRs. ing on that successful negotiation of yond. The Senate accepted these two provisions which we are all so proud, but on the Mr. Speaker, I agree with the gen- (hereinafter the ‘‘USTR Amendment,’’ repro- continuing efforts to bring other coun- tleman from Texas [Mr. ARCHER], duced in full at Appendix I to this Report) tries in with new and improved offers chairman of the Committee on Ways virtually without debate, and the provisions so that we can continue to open up and Means, that we should not be passed the House after some unsuccessful at- markets for telecommunications serv- forced to consider a waiver today be- tempts to expand their reach. The President ices throughout the world for Amer- cause the underlining provision that signed the Lobbying Disclosure Act, includ- we seek to waive is ill-advised and ing the USTR Amendment, while recognizing ican businesses and American jobs. I the Justice Department’s concern that the urge the adoption of this resolution. should not be in place. I would like to new pre-government employment restric- Mr. RANGEL. Mr. Speaker, I have no place in the RECORD a resolution and tions may unconstitutionally impinge on the further requests for time. report recently adopted by the Amer- President’s appointments power. In 1996, Mr. CRANE. Mr. Speaker, I yield my- ican Bar Association which clearly and more bills were introduced to expand these self such time as I may consume. cogently set forth the arguments in op- restrictions to other government officials, Mr. Speaker, I rise in support of Sen- position to the preemployment restric- but none were enacted. ate Joint Resolution 5 in the nomina- tions imposed by the underlying provi- The American Bar Association (‘‘ABA’’) urges repeal of the USTR Amendment. While tion of Ambassador Charlene sion. Barshefsky to serve as U.S. Trade Rep- both the pre- and post-employment restric- Mr. Speaker, I strongly support the tions are objectionable, as discussed below, resentative. I have had the pleasure of nomination of Ambassador Barshefsky it is the pre-employment disqualification working with Ambassador Barshefsky as U.S. Trade Representative and urge that raises the most serious issues, and it is over the last few years. I cannot say my colleagues to vote for the waiver on this provisions that most urgently should be enough about her toughness, her tenac- Senate Joint Resolution 5. repealed. The provision sets a dangerous ity and her aggressive advocacy on be- AMERICAN BAR ASSOCIATION SECTION OF precedent for limiting the availability of half of U.S. interests. INTERNATIONAL LAW AND PRACTICE REC- qualified candidates to serve in the U.S. Gov- I know Ambassador Barshefsky is OMMENDATION TO THE HOUSE OF DELEGATES ernment. It automatically disqualifies po- tential nominees solely based on a prior rela- tough because the companies in my RECOMMENDATION district have benefited from her tough- tionship with a particular type of client. Be it resolved, That the American Bar Asso- Such a rule, which effectively equates an ad- ness. The Eighth Congressional Dis- ciation urges the Government of the United vocate’s personal views with those of his or trict of Illinois, my district, is home to States to proceed as follows: her client, reflects an unwarranted and in- some of the leading high-technology I. Congress should avoid statutory provi- correct view of the lawyer/client relation- companies in the country, and they sions that disqualify senior executive or ju- ship, especially in view of the ethical obliga- have gained market share, increased dicial appointees on the basis of clients they tions of lawyers and the constitutionally- their export sales, and hired new work- have previously represented. recognized right to counsel. In addition, such II. Congress and the Administration should a rule takes no account of the nature, ers in part due to Ambassador continue to utilize traditional mechanisms Barshefsky’s tenacity. It is because of length, significance or contemporaneity of (including the Senate’s power of confirma- the relationship with the former client. With her toughness that the cellular phone tion), rather than special pre- or post-em- regard to the new lifetime post-employment market in Japan is now more open ployment rules, to ensure that senior execu- restrictions for USTRs and Deputy USTRs, than ever, that China has signed a rig- tive and judicial positions are filled only by there has been no demonstration that such a orous agreement protecting intellec- highly qualified persons who will fulfill the ban is needed to address any real problem, tual property rights, and that Motor- responsibilities of their positions with com- and there are compelling reasons not to re- plete integrity. ola, to take just one example from my strict the post-employment conduct of trade III. Ethics-in-government rules, whether negotiators in such an unusual and severe district, has gained greater access to addressed to pre- or post-government em- the Chinese market. manner. ployment activities, should not single out In sum, the Report supports the accom- I have seen her in action. A year ago foreign policy or trade functions for special, panying ABA resolution urging that the Con- Ambassador Barshefsky started build- restrictive treatment. Congress should re- gress: avoid enacting disqualifications for ing support among the Quad nations peal the 1995 amendments to 18 U.S.C. § 207 service in the U.S. Government which pre- for a landmark information technology and 19 U.S.C. § 2171(b), whose effect is to re- sume that lawyers and other advisors take agreement. At the WTO ministerial strict the pre- and post-employment activi- on the views of their clients; avoid singling meeting in Singapore last December, I ties of U.S. Trade Representatives out foreign policy and trade functions for (‘‘USTRs’’) and Deputy USTRs on behalf of extra-restrictive pre- or post-government watched her work around the clock to foreign interests, and should not extend hold together an alliance and put in employment rules; and promptly repeal the those provisions to cover other senior gov- USTR Amendment. place an unprecedented market-open- ernment positions. ing agreement. It was an honor and a II. THE PRE-EMPLOYMENT RESTRICTIONS pleasure to see her rolling up her AMERICAN BAR ASSOCIATION SECTION OF The new pre-employment restriction is sleeves, getting the nitty-gritty detail INTERNATIONAL LAW AND PRACTICE REPORT unique among provisions in the U.S. Code TO THE HOUSE OF DELEGATES creating ‘‘primary officers’’ of the U.S. Gov- and coming out with a superior deal. ernment (i.e., positions requiring nomination I. INTRODUCTION She does not give up and she does not by the President and the advice and consent give in. I am very hopeful that under On July 24, 1995, while debating the Lobby- of the Senate). Of the hundreds of appointees 1 her leadership at USTR we would be ing Disclosure Act of 1995 (‘‘LDA’’), the Sen- in this category, only USTR and Deputy able to pass fast-track legislation that ate accepted an amendment creating a new USTR candidates can be disqualified based restriction on who could serve as United would permit the negotiation of fur- solely on the identity of their former clients. States Trade Representative (‘‘USTR’’) or There is a serious constitutional objection ther market-opening initiatives. Deputy USTR.2 Specifically, the statute de- It has been a real pleasure to work to this new pre-employment restriction, in fining the positions of USTR and Deputy that it infringes on the President’s appoint- with Ambassador Barshefsky in large USTR, 19 U.S.C. § 2171(b), was amended to ments power. The ABA notes, but does not part because of her rare ability to disqualify from eligibility anyone who at rest its concerns on, that objection. The new reach across party lines and work with any time in the past had directly rep- pre-employment restriction is also troubling Members from both sides of the aisle to resented, aided or advised a foreign govern- on several policy grounds: (1) it arbitrarily craft good deals that best serve our ment or political party in a trade negotia- limits the flexibility of the President to tion or trade dispute with the United States. companies and our workers. Good jobs choose and the Senate to confirm, the best A related section of the LDA created new re- possible person for a particular government and a strong economy are American strictions on the post-employment conduct goals, not Republican or Democrat position; (2) it presumes, without justifica- of persons who have served as USTR or Dep- tion, that a person advising a foreign govern- goals. Ambassador Barshefsky helps us uty USTR. Prior law had contained a special ment personally embraces and retains views reach those goals together by putting restriction, enacted in 1992, against a former antithetical to those of the U.S. Govern- aside politics and hammering out good ment; (3) it creates perverse anomalies policy that opens markets, increases Footnotes at end of article. unconnected to any legitimate interest in H824 CONGRESSIONAL RECORD — HOUSE March 11, 1997 ensuring the loyalty of senior appointees; B. It Is In The Public Interest for the President mines or more accurately represents the per- and (4) comparable disqualifications could to Be Free to Appoint the Most Highly Quali- son’s own beliefs. easily be enacted, based on the same flawed fied Nominees, Regardless of Past Clients When an individual leaves the private sec- rationale, for other government positions. The new disqualification rules out many tor and becomes a government official, he or she takes on totally new responsibilities and A. The New Disqualification Is of Doubtful qualified individuals who could otherwise must move beyond all prior client interests— Constitutionality serve the nation effectively as senior trade negotiators. The best qualified candidate for those of domestic and foreign clients alike. As mentioned above, there is virtually no a particular USTR or Deputy USTR appoint- Other than preserving their confidences, an legislative history accompanying the USTR ment may be someone who has some experi- appointee has no continuing obligation to Amendment and thus, unlike the debate sur- ence advising foreign clients. (We note, in prior clients. The USTR Amendment rounding provisions restricting post-govern- this regard, the adage that it is useful for a wrongly ignores this aspect of public service. ment employment activities, no discussion Reflecting its inconsistency with U.S. tra- prosecutor to have experience serving as de- by the Congress of the legality of the new ditions and values, the new disqualification fense counsel.) Yet, the USTR Amendment pre-employment restriction. As also noted is utterly without precedent in the U.S. would prevent such a person from serving. above, before the USTR Amendment there Code. Appendix 2 to this Report identifies 126 While it is wrong to presume a link be- were no statutory provisions disqualifying statutory provisions, relating to U.S. Gov- tween advocacy and personal belief, it is any class of persons from service as USTR or ernment civilian offices, that impose quali- even more wrong to freeze such a presump- Deputy USTR. fications in addition to Senate confirma- tion into a statute. Categorical and difficult- tion.11 As shown there, those 126 provisions It is well accepted that the Congress has to-amend statutory disqualifications cannot fall into seven groupings: 3 provisions requir- the constitutional responsibility for creating take into account the nuances of a particu- ing that appointees be U.S. citizens; 19 provi- the various government offices not specifi- lar candidate’s history. These are precisely cally enumerated in the Constitution.4 Fur- sions requiring that appointees be civilians the factors that the President should weigh at the time of their appointment; provisions ther, it is well accepted that the Congress in choosing a nominee and the Senate should can attach qualifications to those govern- that establish minimum representation on a review in the confirmation process. board or commission of certain constituent ment offices: The new disqualification does not only re- groups; provisions requiring technical exper- While Congress may not appoint those who strict the President’s appointments power. It execute the laws, it may lay down qualifica- tise; 6 provisions imposing ‘‘cooling off’’ pe- also represents a failure to respect the Sen- riods to ensure civilian control of the mili- tions of age, experience and so on. Some- ate’s constitutional role to consider, and times these qualifications significantly nar- tary; 7 provisions imposing other temporary where appropriate disapprove, the Presi- ‘‘cooling off’’ periods (e.g., sitting members row the field of choice. However, any Con- dent’s nominees. The Senate should preserve gressionally imposed qualifications must of the U.S. Postal Service Board of Gov- its prerogative to consider a particular ernors may not simultaneously be represent- have a reasonable relation to the office. Oth- nominee’s record of advocacy for foreign cli- erwise, Congress would be, in effect, creating atives of ‘‘special interests using the Postal ents, or foreign government clients, in the Service’’); and 2 provisions containing per- the appointing power in Congress, rather confirmation process and to determine manent, uncurable, disqualifications. Of than in the President. whether anything in that record is suffi- these, only the USTR disqualification is Congress may, in short, create the office ciently troubling to justify withholding con- based on advocacy activities. The other pro- but may not appoint the officer. To distin- firmation.9 vides that members of the permanent board guish between these two powers, the Court C. The Unstated Premise of the New Disquali- of the Federal Agriculture Mortgage Cor- 5 has developed a germaneness test. fication—That An Advocate is Either Tainted poration shall not be, or have been, officers The Department of Justice articulated just By or Continuously Captive to the Interests of or directors of a financial institution. such serious constitutional concerns with a Former Client—Is Inconsistent with U.S. D. The New Disqualification Creates Perverse the USTR Amendment as it relates to the Traditions and Values Anomalies President’s appointments power: During the 1974 Senate consideration of Before the USTR Amendment, there were The Department of Justice has long op- legislation to establish the office of special no statutory qualifications upon who could posed broad restrictions on the President’s prosecutor and to depoliticize the position of be nominated and confirmed to serve as constitutional prerogative to nominate per- Attorney General, former Supreme Court USTR or Deputy USTR. Not even U.S. citi- sons of his choosing to senior executive Justice Arthur Goldberg described the attor- zenship, or a record free of criminal behav- branch positions. The restriction in the bill ney-client relationship in the following man- ior, was (or is) statutorily required. Thus, is particularly problematic because it oper- ner: 10 the effect of the new pre-government em- ates in an area in which the Constitution One of the traditional concepts applicable ployment restriction is that a non-citizen, a commits special responsibility to the Presi- to the bar at large is too often overlooked in felon or even a juvenile could in principle be dent, who ‘‘is the constitutional representa- senatorial confirmation hearings involving nominated and confirmed as USTR, while a tive of the United States in its dealings with nominees for Attorney General, Assistant highly skilled trade specialist who briefly foreign nations.’’ See, e.g., United States v. Attorney General, Deputy, and U.S. Attor- advised a foreign government twenty years Louisiana, 363 U.S. 1, 35 (1960). The officers in neys. That concept—which I fear, Mr. Chair- ago could not. question perform diplomatic functions as the man, in the day of the organization man and Such a rule could also deprive the nation direct representative of the President, a fact big interests which lawyers are called upon of highly skilled and effective public serv- that Congress itself has recognized by pro- to serve, is too often overlooked—is that the ants. Had it been in effect at the time, the viding that they should enjoy the rank of bar is independent, that it is not a servant of USTR Amendment might have disqualified ambassador. 19 U.S.C. § 2171(b). Regardless of a client, but services a client; and that the one of President Reagan’s USTRs, Dr. Clay- whether the President would, as a policy men and women of the bar are independent ton K. Yeutter, for activities that apparently matter, be willing to accept this particular and give counsel and advise independently. did not dominate his pre-government profes- restriction, Congress would exceed its con- The principal law enforcement officers of the sional work.12 Extending the principle, as stitutionally assigned role by setting such a Government should be lawyers in that sense, some have proposed, to representing, aiding broad disqualification. See, e.g., Civil Service . . .. Any nominee of a different mind or or advising foreign private companies might Commission, 13 Op. Att’y Gen. 516, 520–21 character should not be confirmed by the have disqualified President Bush’s USTR, (1871).6 Senate. Carla Hills.13 Again, to the extent that ques- After passage of the Lobbying Disclosure For just such reasons, it is widely accepted tions arise in a particular case about the Act by both the Senate and the House, Jus- that a lawyer should not be ineligible for overlap between prior advocacy efforts and tice continued to express serious concerns nomination as a judge solely because of past the advocate’s own current beliefs, such about the new pre-employment provision, representation of, for example, criminal de- questions can be effectively explored during but did not recommend that the President fendants. the Senate confirmation process. veto the Act on this basis.7 The President in The USTR Amendment, and the proposals Broad and seemingly arbitrary interpreta- signing the bill noted the constitutional to extend the disqualification so that it ap- tions of the USTR Amendment are possible issue.8 plies to other government positions, adopts a given the lack of definitions, in either the The new disqualification raises serious sep- different and inaccurate view of the relation- statute or the legislative history, for crucial aration of powers questions. When such pro- ship between advocates and their clients. It and open-ended terms such as, but not lim- visions are enacted without hearings, with is wrong to assume that an outside adviser, ited to, ‘‘aided’’ and ‘‘advised.’’ For example, virtually no floor debate or legislative his- such as a lawyer, necessarily concurs with if a Senator meets with foreign government tory, and despite constitutional objections the views or actions of his or her client, or officials in an attempt to find a mutually ad- noted by the Department of Justice, the jus- will apply those views in carrying out the vantageous solution to a particular bilateral tifications underlying them should be care- duties of a public office. Certainly, if some- trade dispute, it could be argued that he or fully examined. Where such provisions are one represents more than one group of cli- she has ‘‘aided’’ or ‘‘advised’’ the foreign not only constitutionally suspect but also ents—for example, foreign governments in government in such a manner as to trigger premised on a mistaken and troublesome some matters and U.S. corporations in oth- disqualification from future service as view of the lawyer-client relationship, they ers—it cannot fairly be presumed that the USTR. On the other hand, it has been ob- should be removed. foreign government representation deter- served that the USTR Amendment would not March 11, 1997 CONGRESSIONAL RECORD — HOUSE H825 prevent appointment of a corporate execu- of federal workers since 1872.16 The earliest the comprehensive amendments passed in tive who, in order to increase profits at his versions approximating the current provi- the Ethics Reform Act of 1989, and without ailing company, negotiates an enormous tax sions were adopted in 1962, as part of an over- evaluation of ‘‘the implications of targeting subsidy from a foreign government in order all revision of the conflict-of-interest stat- for coverage just one position.’’ 29 President to move parts of his factory abroad and sub- utes.17. In short, a full and generally effec- Bush signed the bill because it was a nec- sequently fires hundreds of his U.S. work- tive array of government-wide post-employ- essary funding measure. ers.14 ment restrictions has been in place for many Continuing this pattern of acting without E. The New Disqualification Sets an Undesir- years. Those restrictions, subjected to sub- legislative hearings or development, the 1995 able Precedent for Other Government Posi- stantial revision and fine-tuning in the Eth- USTR Amendment enlarged this special tions ics in Government Act of 1978 18 and the Eth- USTR restriction to a lifetime ban, and ex- A significant danger of the USTR Amend- ics Reform Act of 1989,19 include: a lifetime panded the ban to cover Deputy USTRs as ment is that the same principle could be ap- ban on appearing before or communicating well as USTRs. Like the initial 1992 creation plied to other government positions involv- with any U.S. Government body on behalf of of the special post-employment rules of the Ethics in Government Act of 1978 or the Eth- ing disciplines other than international a party other than the United States, on ics Reform Act of 1989, each of which under- trade negotiation. Persons could be disquali- matters in which the official ‘‘participated went extensive legislative consideration— fied, by statute, from being federal judges personally and substantially’’ while a federal the USTR Amendment did so without any because they had at some time in their past employee;20 a two-year ban on appearing or meaningful legislative background. represented criminal defendants, even if communicating with any U.S. Government body on behalf of a party other than the This action raises serious legal and policy their representations had been the result of questions. In departing from the ‘‘waiting occasional court appointment. Positions at United States on matters that were pending under his or her official responsibility in the period’’ rationale that underlay the general the Environmental Protection Agency could one-year ban on representation of foreign year prior to departure from the agency;21 a be conditioned, by statute, on never having governments in the Ethics Reform Act of one-year ban for enumerated senior officials represented, aided or assisted clients in favor 1989,30 the new lifetime ban raises the very on all substantive contact with the former of, or opposed to, toxic dump cleanup. Posi- constitutional questions that led the Justice agency on behalf of a party other than the tions at the Department of Energy could be Department and other witnesses to express United States, which for Cabinet officers and conditioned, by statute, on never having rep- concern during the 1989 reform legislation. certain other very senior officials extends to resented, aided or assisted clients in favor of, One of the bills leading to the 1989 Act con- contacts with specified top officers of other or opposed to, offshore drilling. Positions at tained a lifetime ban on certain high ranking agencies as well;22 and a one-year ban prohib- the Consumer Product Safety Commission officials representing or advising foreign en- iting senior officials of all departments and could be conditioned, by statute, on never tities. In hearings on that bill, a Justice De- agencies from (i) representing the interests having represented, aided or assisted clients partment spokesman agreed that the life- of a foreign government or political party supporting, or opposing, specific product li- time ban raised a serious constitutional before any agency or department or (ii) aid- ability actions. More broadly, anyone who problem.31 Another Justice Department offi- ing or advising a foreign government or po- has given advice to entities in a regulated in- cial doubted that reducing the ban to 10 litical party with the intent to influence a dustry could be disqualified from putting his years would remove the constitutional prob- decision of any department or agency.23 or her expertise to use as a regulator in that lem.32 Commenting on a substitute version of industry. Such a rule would dramatically re- The last of these provisions, a special rule against senior officials’ representing or ad- the bill, a spokesperson for Common Cause strict the pool of qualified regulators. agreed with shifting away from a lifetime The ABA historically has advanced the vising foreign governments, drew a number ban on representing foreign governments in view that rigid (i.e., statutory) pre-employ- of policy and constitutional objections prior favor of a shorter period. While believing ment restrictions for government appoint- to and at the time of its enactment.24 This that the period for the ban should be longer ments should be avoided. For example, in the Report does not address the propriety of a than for other representations, Common wake of the perceived politicization of Jus- broad, government-wide, one-year ban on Cause was ‘‘very troubled by a lifetime ban tice Department functions during the Water- post-employment activity for foreign gov- and would not recommend that.’’ 33 Others gate period, during consideration of what ernments. It is noteworthy, however, that testified that even a 10-year ban was too eventually became the Ethics in Government this provision was justified against due proc- long.34 The ACLU suggested that ‘‘[a]t the Act of 1978, the ABA was asked to comment ess attack on the ground that it presented no very least such a prohibition should expire if on possible eligibility restrictions for senior absolute bar to pursuit of employment by the party controlling the White House law enforcement positions: covered officials, but ‘‘merely imposed a changes in the interim.’’ 35 Question. There have been many rec- waiting period’’ of one year.25 More importantly, no persuasive rationale ommendations to set the statutory require- These post-employment restrictions estab- has been advanced for applying special rules ments for appointees to the Offices of Attor- lish a comprehensive set of rules that apply to senior trade officials. Former USTRs were ney General, Deputy Attorney General, Di- across the board to federal officials and em- barred by pre-1992 law, for example: from rector of the FBI, and others. Do you gen- ployees in all agencies and departments. For ever assisting foreign governments in any erally believe it is a good idea to set rigid the most part, these rules appear to have matter in which they had direct involvement eligibility standards by statute, considering worked successfully.26 They apply with full while in government;36 for communicating that many highly qualified individuals would force to USTRs and Deputy USTRs, and with USTR officials on my policy issue for a be arbitrarily excluded from consideration thereby provide a solid framework for pro- period of the one year; 37 from communicat- by such standards? If so, what sorts of stand- tecting the public interest in regulating the ing with USTR officials within two years on ards would you suggest? post-employment activity of persons who oc- any matter that was active within USTR Answer. The ABA has not suggested rigid cupy those positions. during the last year of the former USTR’s standards for appointment to any of the B. Special Restrictions Placed Upon Senior service; 38 and from appearing before any above-mentioned positions nor does it be- Trade Negotiators 15 agency, within one year after leaving gov- lieve rigid standards are advisable. Beginning in 1992 and by expansion in the The USTR Amendment, by contrast, fails ernment, on behalf of a foreign government 1995 USTR Amendment, Congress created a 39 the test of narrow drafting and scope. It or political party. special rule that singles out former USTRs Taken together, these rules adequately reaches backward in time without limit, dis- and Deputy USTRs for special, more restric- protect against the possibility, and against qualifying otherwise qualified candidates by tive treatment than other, similarly-situ- the appearance of ‘‘influence peddling’’ or reason of any covered representation or as- ated, former senior officials. Congress did so ‘‘misuse of inside information’’ by former sistance at any earlier point in their careers. with virtually no meaningful deliberation or trade officials on behalf of foreign interests. The amendment reaches candidates who explanation. It is the ABA’s view that, in so There are at least three other compelling agreed to assist foreign governments with no doing, Congress created a separate category reasons to repeal the new post-employment idea that doing so might preclude later pub- of post-employment treatment for the senior restrictions. First, the restrictions could lic service. The amendment applies not to a U.S. trade officials that cannot be justified easily hinder advancement of U.S. interests carefully circumscribed category of activi- and should be eliminated. by diminishing the pool of qualified senior ties, but to any representation or assistance, The fist step along this path occurred in trade negotiator candidates. Among the fac- whether significant or insignificant, to any 1992, when Congress, as part of an appropria- tors cited in discouraging people from public foreign government on any trade ‘‘negotia- tions bill, enacted a new Section 207(f)(2) service are increasingly severe post-employ- tion’’ or ‘‘dispute’’ involving the United which lengthened to three years the foreign ment restrictions. Past USTRs and Deputy States. Finally, the amendment confuses the entity ban as it applied to the USTR.27 The USTRs have not made a full career of public advocate’s required role with his or her per- Senate report describing this provision con- service; like other senior appointees, they sonal views. tained no meaningful explanation or jus- have returned to their communities and III. THE POST-EMPLOYMENT RESTRICTIONS tification of the longer period.28 In signing their private practices after serving in public A. Post-Employment Restrictions of General the bill, President Bush took strong objec- office. Qualified candidates may decline to Application tion, noting that the change had been passed serve if their livelihoods—often after a rel- There have been restrictions on the post- without any public discussion of the merits, atively short period of government service— employment activities of various categories without consideration of its relationship to would thereby by materially jeopardized. H826 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Second, there has been no documented mis- sider nomination of Michael Kantor Before Senate Interest: Hearings on H.R. 5097 and Related Bills Be- conduct by former USTRs or Deputy USTRs Comm. on Finance, 103rd Cong., 1st Sess. (1993); fore the Subcommittee on Administrative Law and which would justify the new, heightened re- Nomination of Carla Anderson Hills: Before Senate Governmental Relations of the House Comm. on the Comm. on Finance, 101st Cong., 1st Sess. (1989). Judiciary, 99th Cong., 2d Sess. 79–80 (1986) (testi- strictions. Third, there is no principled rea- Nominations of Rufus Hawkins Yerza, Charlene mony of John C. Keeney, Deputy Assistant Attorney son to single out trade negotiators; rather, Barshefsky, Walter Broadnex, Avis Lavelle, Jerry General, Criminal Division, Department of Justice, the new restrictions simply penalize or de- Klegner, David Ellwood, Kenneth Apfel, Bruce on legislation leading up to the 1989 Act, arguing monize the representation of foreigners. Vladeck, Hariet Rabb and Jean Hanson: Before Sen- that post-employment restrictions could prohibit Other government officials—e.g., the Sec- ate Comm. on Finance, 103rd Cong., 1st Sess. (1993). representations which were in the national interest). retaries of Defense or Transportation, or the Other trade officials have done likewise. See, e.g., Similar views were forwarded by the ACLU, which Rick Jenkins, ‘‘Trade Nominations Raises ‘Revolv- maintained that a statute prohibiting the represen- Attorney General—could just as easily be ing Door’ Issue,’’ Christian Science Monitor at 8 tation of foreign interests regulated political activ- subject to the same lifetime ban. (Jan. 14, 1994). Another alternative is more extensive ity and, to be upheld, must withstand strict judicial Meanwhile, there has been absolutely no mandatory reporting of pre-employment activities scrutiny. See Post-Employment Restrictions for showing that the general rules applicable to over a set period before Senate confirmation, en- Federal Officers and Employees: Hearings on H.R. all other government officials insufficiently hancing the Senate’s ability to reject a nominee 2267 and Related Bills Before the Subcommittee on protect the interests of the United States. based on prior activities if it wishes. See, e.g., Hear- Administrative Law and Governmental Relations of The public interest is in having nominees ings on S. 555 (Public Officials Integrity Act of 1977, the House Comm. on the Judiciary, 101st Cong., 1st Blind Trusts and Other Conflict of Interest Matters) Sess. 200, 204–06 (1989). See also Appendix III to this who become public officials adhere to the Before the Senate Comm. on Governmental Affairs, Report. highest standards while executing the duties 95th Cong., 1st Sess. 108–09 (1977) (testimony of Fred 25 S. Rep. No. 101, 100th Cong., 1st Sess. 14 (1987). of their office. After someone leaves office, Wertheimer, Vice President for Operations, Common 26 The ABA may, of course, have occasion in the fu- the government’s interest is properly limited Cause). Requiring disclosure of clients is not with- ture to comment or suggest improvements that to preventing the misuse of its confidential out its problems. As noted by the ABA in 1977, such would enhance the effectiveness of these rules. That information and the misuse of influence.40 a regime could place a professional person in the po- is not the subject of this Report. sition of having to violate the confidentiality of a 27 Departments of Commerce, Justice, and State, IV. CONCLUSIONS AND RECOMMENDATIONS privileged relationship. See Financial Disclosure the Judiciary, and Related Agencies Appropriations For the reasons set out above, it is the Act: Hearings on H.R. 1, H.R. 9, H.R. 6954, and Com- Act, 1993, Section 609, Pub. L. No. 102–395, 106 Stat. view of the ABA that: Congress should avoid panion Bills Before the Subcommittee on Adminis- 1828, 1873 (1992). 28 statutory provisions that disqualify senior trative Law and Governmental Relations of the See S. Rep. No. 102–331, 102d Cong., 2d Sess. 118 (1992). executive or judicial appointees on the basis House Comm. on the Judiciary, 95th Cong., 1st Sess. 487, 490 (1977) (testimony of Prof. Livingston Hall 29 28 Weekly Compilation of Presidential Docu- of clients they have previously represented. and Prof. Herbert S. Miller on behalf of the Amer- ments 1874 (Oct. 12, 1992) (statement by President Congress and the Administration should con- ican Bar Association). George Bush upon signing H.R. 5678). tinue to utilize traditional mechanisms (in- 10 Removing Politics from the Administration of 30 See supra, fn. 25. cluding the Senate’s power of confirmation), Justice: Hearings on S. 2803, S. 2978 Before the Sub- 31 Integrity in Post Employment Act of 1986: Hear- rather than special pre- or post-employment committee on Separation of Powers of the Senate ings on S. 2334 Before the Senate Comm. on the Ju- Comm. on the Judiciary, 93rd Cong., 2d Sess. 62 diciary, 99th Cong., 2d Sess. 37–38, 41–43, 66 (1986) rules, to ensure that senior executive or judi- (testimony of John C. Keeney, Deputy Assistant At- cial positions are filled only by highly quali- (1974). 11 These are all the provisions that could be identi- torney General, Criminal Division, Department of fied persons who will fulfill the responsibil- fied through review of the U.S. Code, 1994 Edition, Justice). ities of their positions with complete integ- and Supplement I to that Edition. Some of these 32 Id. at 87–88 (testimony of Stephen S. Trott, As- rity. Ethics-in-government rules, whether provisions are also subject to statutory require- sistant Attorney General for the Criminal Division, addressed to pre- or post-government em- ments designed to ensure a balance of political af- Department of Justice). ployment activities, should not single out filiation on Boards and Commissions, e.g., an equal 33 See id. at 179 (testimony of Ann McBride, Senior number of Democrats and Republicans on the U.S. Vice President, Common Cause); Post-Employment foreign policy or trade functions for special, Conflicts of Interest: Hearings on H.R. 5097 and Re- restrictive treatment. Congress should re- International Trade Commission. Additionally, in some cases an office is required by statute to be lated Bills Before the Subcommittee on Administra- peal the 1995 amendments to 18 U.S.C. § 207 filled by an existing federal, state or local govern- tive Law and Governmental Relations of the House and 19 U.S.C. § 2171(b), whose effect is to re- ment official. Appendix II largely ignores such re- Comm. on the Judiciary, 99th Cong., 2d Sess. 103–04 strict the pre- and post-employment activi- quirements. (1986) (testimony of Ann McBride, Senior Vice Presi- ties of U.S. Trade Representatives 12 Dr. Yeutter had served on the board of directors dent, Common Cause). (‘‘USTRs’’) and Deputy USTRs on behalf of of the Swiss Commodities and Futures Association 34 See id. at 183, 186 (testimony of Norman J. Ornstein, American Enterprise Institute). foreign interests, and should not extend and had been the first American businessman in- 35 Hearings on S. 2334 (Integrity in Post Employ- those provisions to cover other senior gov- vited to Japan (in 1982) under a Japanese govern- ment program to improve trade relations with the ment Act of 1986) Before the Senate Comm. on the ernment positions. United States. See Hearing on the Nomination of Dr. Judiciary, 99th Cong., 2d Sess. 199 (1986) (testimony Respectfully submitted, Clayton K. Yeutter Before the Senate Comm. on Fi- of Morton H. Halperin and Jerry J. Berman on be- LUCINDA A. LOW, nance, 99th Cong., 1st Sess. 28–29, (1985) (vita submit- half of the American Civil Liberties Union). Chair, Section of International ted on behalf of Dr. Yeutter). 36 18 U.S.C. § 207(a)(1) (1989). Law and Practice. 13 According to third-party testimony at the time 37 18 U.S.C. § 207(c). of her appointment, Ambassador Hills had pre- 38 18 U.S.C. § 207(a)(2). FOOTNOTES viously been registered under the Foreign Agents 39 18 U.S.C. § 207(f). 1 Pub. L. No. 104–65, 109 Stat. 691 (1995). Registration Act as an agent for Daewoo Industrial 40 See Integrity in Post Employment Act of 1986: 2 See 141 Cong. Rec. S10560–61 (daily ed. July 24, Co. See Hearing on the Nomination of Carla Ander- Hearings on S. 2334 Before the Senate Comm. on the 1995). son Hills Before the Senate Comm. on Finance, 101st Judiciary, 99th Cong., 2d Sess. 79–80 (1986) (testi- 3 Pub. L. No. 102–395, 106 Stat. 1873, codified at 18 Cong., 1st Sess. 32, 51 (1989) (testimony of Anthony mony of David H. Martin, Director, Office of Govern- U.S.C. § 207(f)(2). Harrigan, President, U.S. Business and Industrial ment Ethics). The American Civil Liberties Union 4 See generally Laurence H. Tribe, American Con- Council). (‘‘ACLU’’) also opined that the misuse of inside in- stitutional Law 244 (2d ed. 1988) (analyzing the word- 14 See Donald DeKieffer, ‘‘The 1995 ‘Irrelevant formation should be the focus of ethics laws, rather ing of Art. II, § 2, cl. 2). Qualifications Act’ ’’ Journal of Commerce at 7A than the identity of the client. Id. at 198 (testimony 5 John E. Nowak & Ronald D. Rotunda, Constitu- (Dec. 30, 1996). of Morton H. Halperin and Jerry J. Berman on be- tional Law 265 (5th ed. 1995) (footnotes omitted). 15 Watergate Reorganization and Reform Act of half of the American Civil Liberties Union); Hear- 6 Letter from Andrew Fois, Assistant Attorney 1975: Hearings on S. 495 Before the Senate Comm. on ings on H.R. 2267 and Related Bills (Post-Employ- General, Office of Legislative Affairs, U.S. Depart- Government Operations, 94th Cong., 1st Sess., pt. 2 ment Restrictions for Federal Officers and Employ- ment of Justice to the Hon. Henry Hyde, Chairman, at 174 (1976) (testimony of William B. Spann, Jr., ees) Before the Subcommittee on Administrative House Committee on the Judiciary, concerning S. President-Elect Nominee of the American Bar Asso- Law and Governmental Relations of the House 1060 [the Senate bill pending before the House] 2–3 ciation and Chairman, American Bar Association Comm. on the Judiciary, 101st Cong., 1st Sess. 200, (Nov. 7, 1995). Special Committee to Study Federal Law Enforce- 210–11 (1989). 7 Letter from Andrew Fois, Assistant Attorney ment Agencies). The ABA did recommend limited Mr. HILL. Mr. Speaker, I rise today to ex- General, Office of Legislative Affairs, U.S. Depart- measures to address perceived problems of press my deep concern about our action to ment of Justice to the Hon. Alice M. Rivlin, Direc- politicization of the Department of Justice. See also tor, Office of Management and Budget concerning S. id. at 270–71, 295, 298. waive provisions of section 21 of the 1974 1060 2 (Dec. 18, 1995). 16 See S. Rep. No. 99–396, 99th Cong., 2d Sess. 13–14 Trade Act relating to the appointment of the 8 See 51 Weekly Compilation of Presidential Docu- (1986); S. Rep. No. 100–101, 100th Cong., 1st Sess. 8–9 U.S. Trade Representative. As you know, ments 2205–06 (December 25, 1995). (1987). Senate Joint Resolution 5 waives the prohibi- 9 The unwarranted breadth of the new disqualifica- 17 Prior provisions had barred former employees tion is demonstrated by the more narrowly drawn from prosecuting claims against the United States tion banning individuals who represent or have alternatives that Congress did not select. Even as- for two years after terminating government employ- previously represented foreign governments suming arguendo that assertive use of the Senate’s ment. See H. Rep. No. 748, 87th Cong., 1st Sess. 2–4 from serving as America's top trade represent- confirmation authority is insufficient, narrower so- (1961). ative. lutions are available. One is mandatory recusal with 18 Pub. L. No. 95–521, 92 Stat. 1824, 1864–66 (1978). Mr. Speaker, the law we are asked to waive penalties for failure to do so, combined with strict 19 Pub. L. No. 101–194, 103 Stat. 1716–24 (Nov. 30, reporting of prior activities. See, e.g., 28 U.S.C. § 528 1989). today is not some arcane law that has been (Justice Department employees). Recent USTR and 20 18 U.S.C. § 207(a)(1) (1996). in the books for decades which may have run Deputy USTR nominees have disclosed prior rep- 21 18 U.S.C. § 207(a)(2). its time. It is a law that was approved only 2 resentations, including foreign representations, and 22 18 U.S.C. §§ 207(c), (d). have voluntarily recused themselves (temporarily or 23 18 U.S.C. § 207(f). years ago to prevent lobbyists of foreign gov- permanently, as appropriate) with respect to issues 24 H. Rep. No. 1068, 100th Cong., 2d Sess. 13 (1988) ernments from obtaining an appointment to be involving those particular clients. Hearing to con- (regarding H.R. 5043); Post-Employment Conflicts of our chief trade negotiator. While I do not doubt March 11, 1997 CONGRESSIONAL RECORD — HOUSE H827 the competency and ability of Ambassador and technology, insurance, flat glass, and cel- Barshefsky will be a U.S. Trade Representa- Barshefsky to dedicate her best efforts as she lular phones and equipment and agreements. tive of which we will all be proud. has done as the Deputy U.S. Trade Rep- Ambassador Barshefsky was instrumental in Mrs. KENNELLY. Mr. Speaker, I rise today resentative, her association as a lobbyist for reaching the intellectual property rights en- in support of Senate Joint Resolution 5 which Canada touches a raw nerve in Montana. forcement agreement with China. I admire her waives certain provisions of the Trade Act of Mr. Speaker, the farmers and ranchers of determination in reaching agreements when 1974. This resolution would grandfather Am- my home State of Montana are suspicious of there were many skeptics. Several times it bassador Charlene Barshefsky from the appli- the administration's commitment to ensure that was down to the wire and she was able to cation of certain restrictive provisions of the NAFTA implementation is fair. To this point, come out with a solid agreement. Lobbying Disclosure Act of 1995. On occasion evidence suggests it isn't. The Lobby Act says I urge you to vote for this resolution. I look the Senate has granted similar waivers when that anyone who has worked against the Unit- forward to working with Ambassador a statutory provision would have barred a ed States in trade negotiations ought to be ex- Barshefsky in her role as USTR. highly qualified nominee from serving our Na- cluded from U.S. Government service as trade Mr. RANGEL. Mr. Speaker, I rise in strong tion's executive branch. Let me note, however, representative. When the President signed the support of Senate Joint Resolution 5, legisla- that this resolution applies only to Ambassador Lobby Act he singled out this provision for tion to waive certain provisions of the Lobby- Barshefsky and in no way modifies the statute praise. Without being too political, it is an un- ing Disclosure Act of 1995 with respect to the nor does it have implications for any other pro- usual request to waive the law just enacted. nomination of Ambassador Charlene spective nominees to serve as the U.S. Trade Though the issue is a material matter of law, Barshefsky to become the U.S. Trade Rep- Representative or as Deputy USTR. it also goes to the heart of trust. For my farm- resentative. This legislation is necessary to As a Member of the Ways and Means Com- ers and ranchers in Montana, there is a con- complete the nomination process of Ambas- mittee, I have had the pleasure of working stant threat of subsidized Canadian wheat and sador Barshefsky. with Ambassador Barshefsky during her time barley being dumped in United States mar- Ambassador Barshefsky has broad biparti- at USTR, first as deputy to Mickey Kantor and kets. These actions threaten Montanan's liveli- san support and deserves to be our next U.S. recently in the acting capacity. Ambassador hood and seriously question the free-trade Trade Representative. Last week, the other Barshefsky has been instrumental in develop- agreements with our northern neighbor. body approved her nomination and the waiver ing and pursuing a strong international trade As you know, Mr. Speaker, I consider Can- legislation before us today by overwhelming policy having successfully completed several ada a strong ally of the United States. We votes of 99±1 and 98±2, respectively. multilateral trade and investment treaties. Not share the longest unfortified border in the During her nearly 4 years of service at the only has she demonstrated her commitment world and a similar past of standing up against Office of the USTR, first as Deputy USTR and securing agreements beneficial to U.S. trade tyranny and for the values of democracy. since April of last year Acting USTR, Ambas- interests, she has also demonstrated her will- However, many Montanans are greatly trou- sador Barshefsky has compiled an impressive ingness to walk away from the table when bled by Canada's current trade practices. De- record opening foreign markets for U.S. ex- other countries have made insufficient offers. spite the implementation of the North Amer- porters and defending U.S. trade interests. For Given her tenacity and resolve on behalf of ican Free-Trade Agreement [NAFTA], Canada example, she recently concluded successful our country's trade interests, I firmly believe continues to subsidize its various industries multilateral agreements which will reduce or Charlene Barshefsky to be capable and well and commodities, including timber, beef, and eliminate tariffs worldwide on trade in informa- prepared for her role as Trade Representative. grain. tion technology products, and which will open Her professional achievements, her tough ne- Clearly, we need someone to vigorously ne- foreign markets for basic telecommunications gotiating skills and her knowledge of her sub- gotiate and highlight American interests in our services. Last December she concluded a bi- ject are most remarkable. I have worked with growing international trade. The stakes have lateral agreement with Japan on insurance few people who possess the ability to discuss never been higher for farmers and ranchers in which opens that market for U.S. insurance both the intricate details of trade minutia and my State of Montana. Our farmers need to providers. Last year, she also struck an agree- the whole picture with such clarity and coher- find markets and secure agreements for free ment with China providing for stronger en- ence. and fair trade. And they need to have con- forcement of U.S. intellectual property rights in We are embarking on a new age in the fidence that Washington is behind them 100 that country. global marketplace. If we are to remain com- percent. We passed a law to give them that Clearly, Ambassador Barshefsky has shown petitive, we must be able to compete in for- confidence. Now is not the time to waiver. that she is a tough and skillful negotiator inter- eign markets. The United States has vigor- Mr. Speaker, I believe that granting the nationally. More importantly, however, Ambas- ously pursued agreements and commitments waiver sends the wrong signal. Waiving the sador Barshefsky understands that inter- from our trading partners to open their mar- law only raises suspicion about our long-term national trade and our Nation's trade policies kets and reduce their trade barriers in both dedication to free trade. have an impact on the lives and futures of goods and services. These opportunities Mr. NEAL of Massachusetts. Mr. Speaker, I Americans. For that reason, she consults should benefit both American companies and support the legislation before us which grand- closely with Members of Congress and the consumers. That must be our goal in seeking fathers Ambassador Barshefsky from certain public at large on her actions. She clearly rec- expanded trade in the future; our economic provisions of the Lobbying Disclosure Act of ognizes that trade policy is a shared respon- well-being depends on it. 1995. When this legislation was considered in sibility of the executive and legislative I am confident that Ambassador Barshefsky the Senate, Ambassador Barshefsky was branches and carries out her responsibilities will continue to pursue a strong and fair trade grandfathered as Deputy U.S. Trade Rep- accordingly. agenda that seeks to promote our national in- resentative [USTR]. This resolution would ex- For those who may have questions or con- terests abroad and at home. I urge my col- tend that grandfather to Ambassador cerns about this waiver, it must be noted that leagues to support the waiver and vote for Barshefsky as she moves up to the position of Congress has previously passed legislation to Senate Joint Resolution 5. USTR. waive a statutory requirement on who may Mr. SMITH of Oregon. Mr. Speaker, I rise in I have served on the Subcommittee on serve in a particular Government position with support of Senate Joint Resolution 5, a joint Trade for 4 years and have had the oppor- respect to a specific nominee. It should also resolution waiving provisions of the Trade Act tunity to work closely with Ambassador be noted that, as Deputy USTR, Ambassador of 1974 relating to the appointment of the U.S. Barshefsky. Prior to joining USTR, Ambas- Barshefsky was specifically exempt from the Trade Representative. As the chairman of the sador Barshefsky specialized in trade law and provisions in question in the Lobbying Disclo- Committee on Agriculture I believe that it is policy for 18 years. She brings expertise to the sure Act. The Senate Finance Committee vital that the person representing the United position of USTR. carefully studies her record in the private sec- States in trade negotiations and resolution of In her 4 years at USTR, Ambassador tor and agreed unanimously that a waiver was disputes recognize that agriculture is an ex- Barshefsky negotiated many major bilateral entirely appropriate for Ambassador tremely important and essential issue to be and multilateral agreements. With respect to Barshefsky. considered in all trade negotiations and reso- Japan, Ambassador Barshefsky has been the Mr. Speaker, in the past several years I lutions of disputes. American farmers and key policymaker and negotiator. Her work has have come to know and admire Ambassador ranchers, the most productive in the world, resulted in agreements on the following is- Barshefsky's work and tireless dedication on can prosper only where there is free and fair sues: Government procurement of tele- behalf of the American people. I heartily en- world trade. communications equipment and services, Gov- dorse the legislation before us today and urge In fact, if not for agriculture exports the U.S. ernment procurement of medical equipment my colleagues to support it. Ambassador trade deficit would be larger than it currently H828 CONGRESSIONAL RECORD — HOUSE March 11, 1997 is. In 1996, U.S. agriculture exports totaled REPORT ON RESOLUTION PROVID- Mr. Speaker, H.R. 649 is a very $60 billion and the agriculture trade surplus ING FOR CONSIDERATION OF straightforward measure and simply exceeded $26 billion. There is, nevertheless, H.R. 852, PAPERWORK ELIMI- seeks to eliminate some of the unnec- ample opportunity for expansion of agriculture NATION ACT OF 1997 essary duplication that we have now trade into the 21st century. It is incumbent on Mrs. MYRICK, from the Committee within the DOE. the administration, through the Office of the on Rules, submitted a privileged report Currently, DOE is subject to two dif- Trade Representative and the Department of (Rept. No. 105–15) on the resolution ferent standards for public notification Agriculture, to make sure that opportunities (H.Res. 88) providing for consideration and response to public comment. One exist for trade expansion and that trade dis- of the bill (H.R. 852) to amend chapter set exists in the governmentwide Ad- putes are resolved in a timely manner. 35 of title 44, United States Code, popu- ministrative Procedure Act and a sepa- rate set exists in the DOE organiza- I have had the opportunity to meet with Am- larly known as the Paperwork Reduc- tional act. Likewise, DOE’s advisory bassador-Designate Barshefsky and she tion Act, to minimize the burden of committees are subject to a separate assures me of her knowledge of agriculture Federal paperwork demands upon small businesses, educational and nonprofit and more restrictive public participa- and her commitment to ensuring the proper tion than required of other Federal emphasis on agriculture export issues. In our institutions, Federal contractors, State and local governments, and other agencies. discussions we agreed that agriculture is the This measure would simply put DOE No. 1 high-tech export and the No. 1 priority persons through the sponsorship and use of alternative information tech- on the same par with other Federal with the USTR. Historically, agriculture has nologies, which was referred to the agencies for public notice and response been a leader in biotechnology, a process House Calendar and ordered to be to comments. DOE would be fully sub- through which researchers develop improved printed. ject to the provisions of the Adminis- seeds and crops, such as those naturally pro- f trative Procedure Act for advisory tected from diseases and insects. This proc- committees. This change simply allows ess has enabled farmers and ranchers to in- DEPARTMENT OF ENERGY DOE greater flexibility in closing off crease yields and thereby exports. It has also STANDARDIZATION ACT OF 1997 advisory committees to the public, brought challenges from our trading partners. Mr. DAN SCHAEFER of Colorado. fully consistent with the provisions of These challenges must be vigorously de- Mr. Speaker, I move to suspend the the Federal Advisory Committee Act. fended by the administration and Ambassador- rules and pass the bill (H.R. 649) to During my time in Congress, I have Designate Barshefsky assures me that she will amend sections of the Department of been a very strong supporter of public do so. Energy Organization Act that are obso- participation in the political process. The Uruguay Round agreement included lete or inconsistent with other statutes H.R. 649 will in no way diminish the provisions on sanitary and phytosanitary dis- and to repeal a related section of the ability of the public to participate in putes and provided that sound science be the Federal Energy Administration Act of DOE’s decisionmaking process, and will basis for resolution of such disputes. Coun- 1974. relieve some of DOE’s administrative tries' use of nontariff trade barriers to restrict The Clerk read as follows: burden in complying with two different imports, especially those related to sanitary H.R. 649 sets of standards. and phytosanitary issues, do great harm to Be it enacted by the Senate and House of Rep- I would especially like to thank the American agriculture exports and thereby the resentatives of the United States of America in ranking member of the Subcommittee Congress assembled, income of our farmers and ranchers. This on Energy and Power, and fellow spon- SECTION 1. SHORT TITLE. must be a high priority with the administration. sor of this bill, the gentleman from This Act may be cited as the ‘‘Department Texas [Mr. HALL], for working with me The Committee on Agriculture will hold a of Energy Standardization Act of 1997’’. in a very cooperative mood. We will hearing on March 18, 1997, to discuss agri- SEC. 2. STANDARDIZATION OF DEPARTMENT OF have many more chances to work to- culture trade and the barriers that face export- ENERGY REQUIREMENTS WITH GOV- ERNMENT-WIDE REQUIREMENTS. gether in such a bipartisan effort and ers. The Secretary of Agriculture and the U.S. (a) DEPARTMENT OF ENERGY REGULA- spirit as we move on. Trade Representative have been invited to TIONS.—Section 501 of the Department of En- H.R. 649 is supported by the Depart- testify. This will be an opportunity for the rep- ergy Organization Act (42 U.S.C. 7191) is ment of Energy. It is a bipartisan bill, resentatives of the administration to discuss amended— and is a good, commonsense piece of (1) by striking subsections (b) and (d), implementation of trade agreements, the mon- legislation. I would recommend its itoring of the implementation of these agree- (2) by redesignating subsection (c) as sub- section (b) and by redesignating subsections adoption by the whole House. ments by other countries, and to delineate (e), (f), and (g) as subsections (c), (d), and (e), Mr. Speaker, I reserve the balance of how they will secure fair treatment for Amer- respectively, and my time. ican commodities in world trade. (3) in subsection (c) (as so redesignated), by Mr. HALL of Ohio. Mr. Speaker, I In my discussions with Ambassador-Des- striking ‘‘subsections (b), (c), and (d)’’ and yield myself such time as I may inserting ‘‘subsection (b)’’. consume. I will be brief, Mr. Speaker, ignate Barshefsky she assures me that agri- (b) SPECIAL REQUIREMENTS AFFECTING AD- culture will be a top priority under her watch. VISORY COMMITTEES.— because the gentleman from Colorado, That is why I will support Senate Joint Resolu- (1) SECTION 624.—Section 624 of the Depart- Mr. DAN SCHAEFER has pretty well tion 5 and the waiver needed to allow her to ment of Energy Organization Act (42 U.S.C. closed in on the issue before us. How- assume the position of USTR. 7234) is amended by— ever, I just want to say that I rise (A) striking ‘‘(a)’’; and today very much in support of H.R. 649, Mr. CRANE. Mr. Speaker, I yield (B) striking subsection (b). the Department of Energy Standardiza- back the balance of my time. (2) TECHNICAL AND CONFORMING AMEND- tion Act, which I had the pleasure of Mr. RANGEL. Mr. Speaker, I yield MENT.—Section 17 of the Federal Energy Ad- ministration Act of 1974 (15 U.S.C. 776) is re- helping to introduce with my good back the balance of my time. pealed. friend and chairman of the Subcommit- The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- tee on Energy and Power, the gen- question is on the motion offered by ant to the rule, the gentleman from tleman from Colorado, Mr. DAN SCHAE- the gentleman from Texas [Mr. AR- Colorado, Mr. DAN SCHAEFER, and the FER. CHER] that the House suspend the rules gentleman from Texas, Mr. HALL each Actually, the DOE Standardization and pass the Senate joint resolution, will control 20 minutes. Act simply addresses the duplicative Senate Joint Resolution 5. The Chair recognizes the gentleman regulation being placed on the Energy from Colorado, Mr. DAN SCHAEFER. Department in its public involvement The question was taken; and (two- (Mr. DAN SCHAEFER asked and was process. This is a critical process, and thirds having voted in favor thereof), given permission to revise and extend it is a very critical process in any Fed- the rules were suspended and the Sen- his remarks.) eral decisionmaking, and it is defined ate Joint Resolution was passed. Mr. DAN SCHAEFER of Colorado. within the boundaries of the Adminis- A motion to reconsider was laid on Mr. Speaker, I yield myself such time trative Procedure Act and Federal Ad- the table. as I may consume. visory Committee Act. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H829 However, I think it was stated that SECTION 1. EXTENSION OF DEADLINE. Mr. Speaker, I reserve the balance of the Department of Energy Organiza- (a) IN GENERAL.—Notwithstanding the time my time. tion Act and the Federal Administra- period specified in section 13 of the Federal (Mr. HALL of Texas asked and was Power Act (16 U.S.C. 806) that would other- given permission to revise and extend tion Act of 1974 include provisions that wise apply to Federal Energy Regulatory are inconsistent with these two other Commission project numbered 8864, the Com- his remarks.) acts. So because DOE is having to com- mission shall, upon the request of the project Mr. HALL of Texas. Mr. Speaker, I ply with different standards within licensee, in accordance with the good faith, yield myself such time as I may various rulemaking statutes, H.R. 649 due diligence, and public interest require- consume. attempts to streamline these regula- ments of that section and the Commission’s Mr. Speaker, I rise today in support tions by eliminating those provisions procedures under that section, extend the of H.R. 651, introduced by my good of the DOE Act and Federal Energy Ad- time period during which the licensee is re- friend, the gentleman from Washing- quired to commence construction of the ton, Mr. RICK WHITE. This bill simply ministration Act of 1974 which conflict project for not more than 3 consecutive 2- with or which overlap the requirements extends a construction deadline appli- year periods. cable to hydroelectric projects in the of the Administrative Procedure Act (b) APPLICABILITY.—An extension under and Federal Advisory Committee Act. subsection (a) shall take effect for a project State of Washington, licensed by the So of course, streamlining these reg- upon the expiration of the extension, issued Federal Energy Regulatory Commis- ulations is estimated to result in a sav- by the Commission under section 13 of the sion. The chairman has adequately ex- ings of about a half a million dollars a Federal Power Act (16 U.S.C. 806), of the pe- plained the ramifications of the bill. I year for the Federal Government, and I riod required for commencement of construc- tion of the project. think FERC does oppose affording li- think that the gentleman from Colo- (c) REINSTATEMENT OF EXPIRED LICENSE.— censees more than a 10-year extension rado, Mr. DAN SCHAEFER, the chairman If the license for the project referred to in from the issuance date of the license, of the subcommittee, and all of our col- subsection (a) has expired prior to the date but in this case H.R. 651 extends the leagues on both sides of the aisle can of enactment of this Act, the Commission deadline up to 6 years, which in total- agree that cutting wasteful spending shall reinstate the license effective as of the ity would extend the project from the should always be a top priority in Con- date of its expiration and extend the time re- beginning to exactly 10 years, in ac- gress, however small or however great, quired for commencement of construction of the project as provided in subsection (a) for cordance with the law. and I certainly urge my colleagues to not more than 3 consecutive 2-year periods, In accordance with the 10-year rule, vote ‘‘yes.’’ the first of which shall commence on the FERC has no objection to the bill. Mr. Speaker, I have no further re- date of such expiration. It is not without warranted reason quests for time and I yield back the The SPEAKER pro tempore. Pursu- that these hydroelectric projects are in balance of my time. ant to the rule, the gentleman from need of license extensions. In the case b 1445 Colorado, Mr. DAN SCHAEFER, and the of the project in Washington State, the gentleman from Texas, Mr. HALL, each lack of power purchase agreements is Mr. DAN SCHAEFER of Colorado. will control 20 minutes. Mr. Speaker, I have no further requests the main reason construction has not The Chair recognizes the gentleman commenced. Without these power pur- for time, and I yield back the balance from Colorado (Mr. DAN SCHAEFER). of my time. chase agreements, the project is not Mr. DAN SCHAEFER of Colorado. economically viable because it cannot The SPEAKER pro tempore (Mr. Mr. Speaker, under section 13 of the GOODLATTE). The question is on the be financed; all the while the deadline Federal Power Act, hydro project con- clock is running. And these cir- motion offered by the gentleman from struction must begin within 4 years of Colorado, Mr. DAN SCHAEFER that the cumstances make it critical for a con- the issuance of a license. If construc- struction license to be granted in ac- House suspend the rules and pass the tion has not begun by that time, the bill, H.R. 649. cordance with the 10-year rule and FERC cannot extend the deadline and FERC’s agreement. The question was taken; and (two- must terminate that license. thirds having voted in favor thereof) This is an easy bill with no objection H.R. 651 and another bill we are going from FERC, and I strongly urge my the rules were suspended and the bill to be considering very shortly, H.R. was passed. colleagues to join me in voting. 652, provide for up to three additional Mr. Speaker, I reserve the balance of A motion to reconsider was laid on 2-year extensions of the construction my time. the table. deadline if the sponsor pursues the Mr. DAN SCHAEFER of Colorado. GENERAL LEAVE commencement of construction in good Mr. Speaker, I yield such time as he Mr. DAN SCHAEFER of Colorado. faith and with due diligence. may consume to the gentleman from Mr. Speaker, I ask unanimous consent Mr. Speaker, these types of bills have Washington, RICK WHITE, who is the that all Members may have 5 legisla- not been controversial in the past. The sponsor of the bill. tive days within which to revise and bills do not change the license require- Mr. WHITE. I will be very brief, Mr. extend their remarks on H.R. 649, the ment in any way and do not change en- Speaker. I want to thank the chairman bill just passed and to insert extra- vironmental standards, but merely ex- and ranking member for helping us neous material. tend the statutory deadline for com- bring these bills to the floor. I simply The SPEAKER pro tempore. Is there mencement of construction. There is a want to reiterate what they said. objection to the request of the gen- need to act now, since the construction Mr. Speaker, this is one of these bills tleman from Colorado? deadlines for these projects will soon that it is a great pleasure to work on, There was no objection. expire. If Congress does not act, FERC because I think we are all in agreement f will terminate the license, the project that this is the sort of thing we should sponsors will lose many of the dollars do. These bills, both of them, H.R. 651 EXTENDING DEADLINE FOR HY- they have invested in the projects, and and 652, simply extend the deadline for DROELECTRIC PROJECT IN communities will lose the prospect of construction of these dams within the WASHINGTON STATE significant job creation and added reve- 10-year period that FERC prefers. I Mr. DAN SCHAEFER of Colorado. nues. want to thank both the chairman and Mr. Speaker, I move to suspend the H.R. 651 will authorize FERC to ex- the ranking member once again for al- rules and pass the bill (H.R. 651) to ex- tend the deadline for the construction lowing these bills to come forward. tend the deadline under the Federal on the Calligan Creek project, a 5- Mr. HALL of Texas. Mr. Speaker, I Power Act for the construction of a hy- megawatt project in King County, have no further requests for time, and droelectric project located in the State Washington, for up to 6 additional I yield back the balance of my time. of Washington, and for other purposes. years. There is a reason to act quickly, Mr. DAN SCHAEFER of Colorado. The Clerk read as follows: since the construction deadline expires Mr. Speaker, I have no further requests H.R. 651 on May 13, 1997. FERC has no objection for time, and I yield back the balance Be it enacted by the Senate and House of Rep- to H.R. 651. of my time. resentatives of the United States of America in I urge my colleagues to support H.R. The SPEAKER pro tempore. The Congress assembled, 651. question is on the motion offered by H830 CONGRESSIONAL RECORD — HOUSE March 11, 1997 the gentleman from Colorado, Mr. DAN Mr. DAN SCHAEFER of Colorado. tive days within which to revise and SCHAEFER, that the House suspend the Mr. Speaker, I yield myself such time extend their remarks on the bill, H.R. rules and pass the bill, H.R. 651. as I may consume. 652, and to insert extraneous material. The question was taken; and (two- Mr. Speaker, H.R. 652, similar to H.R. The SPEAKER pro tempore. Is there thirds having voted in favor thereof) 651, would authorize FERC to extend objection to the request of the gen- the rules were suspended and the bill the deadline for the construction of the tleman from Colorado? was passed. Hancock Creek Project, a 6-megawatt There was no objection. A motion to reconsider was laid on project in King County, WA, for up to f the table. three additional 2-year periods. DESIGNATING THE RESERVOIR f According to the project’s sponsor, CREATED BY TRINITY DAM IN construction has not commenced for GENERAL LEAVE THE CENTRAL VALLEY PROJECT, the lack of a power purchase agree- CALIFORNIA, AS ‘‘TRINITY Mr. DAN SCHAEFER of Colorado. ment. There is a reason for the sub- LAKE’’ Mr. Speaker, I ask unanimous consent committee to act as the construction that all Members may have 5 legisla- deadline expires on June 21 of 1997. Mr. DOOLITTLE. Mr. Speaker, I tive days within which to revise and FERC has no objection to this bill, move to suspend the rules and pass the extend their remarks on H.R. 651 and to H.R. 652, and I would urge support for bill (H.R. 63) to designate the reservoir insert extraneous material on the bill. the bill. created by Trinity Dam in the Central The SPEAKER pro tempore. Is there Mr. Speaker, I reserve the balance of Valley project, California, as ‘‘Trinity objection to the request of the gen- my time. Lake’’. tleman from Colorado? (Mr. HALL of Texas asked and was The Clerk read as follows: There was no objection. given permission to revise and extend H.R. 63 f his remarks.) Be it enacted by the Senate and House of Rep- EXTENDING DEADLINE FOR HY- Mr. HALL of Texas. Mr. Speaker, I resentatives of the United States of America in Congress assembled, DROELECTRIC PROJECT IN yield myself such time as I may SECTION 1. DESIGNATION OF TRINITY LAKE. WASHINGTON STATE consume. Mr. Speaker, today again I rise in (a) DESIGNATION.—The reservoir created by Mr. DAN SCHAEFER of Colorado. support of H.R. 652, also introduced by Trinity Dam in the Central Valley project, California, and designated as ‘‘Clair Engle Mr. Speaker, I move to suspend the a fine young man, the gentleman from rules and pass the bill (H.R. 652) to ex- Lake’’ by Public Law 88–662 (78 Stat. 1093) is Washington, Mr. RICK WHITE. This bill tend the deadline under the Federal hereby redesignated as ‘‘Trinity Lake’’. simply allows the Federal Energy Reg- (b) REFERENCES.—Any reference in any Power Act for the construction of a hy- ulatory Commission to extend the con- law, regulation, document, record, map, or droelectric project located in the State struction deadline for the Hancock other paper of the United States to the res- of Washington, and for other purposes. Creek project in King County, WA. ervoir referred to in subsection (a) shall be The Clerk read as follows: As the chairman stated, this is ex- considered to be a reference to ‘‘Trinity H.R. 652 actly like H.R. 651, a similar bill we Lake’’. Be it enacted by the Senate and House of Rep- (c) REPEAL OF EARLIER DESIGNATION.—Pub- just finished speaking in support of. lic Law 88–662 (78 Stat. 1093) is repealed. resentatives of the United States of America in H.R. 652 authorizes FERC to extend the Congress assembled, The SPEAKER pro tempore. Pursu- commencement of the construction for SECTION 1. EXTENSION OF DEADLINE. ant to the rule, the gentleman from the 6.3-megawatt project in Washing- (a) IN GENERAL.—Notwithstanding the time California [Mr. DOOLITTLE] and the period specified in section 13 of the Federal ton State for up to 6 years. With this gentleman from Hawaii [Mr. ABER- Power Act (16 U.S.C. 806) that would other- extension, the hydroelectric project CROMBIE] each will control 20 minutes. wise apply to Federal Energy Regulatory would have a full 10 years. The Chair recognizes the gentleman Commission project numbered 9025, the Com- I strongly urge Members to vote in from California [Mr. DOOLITTLE]. mission shall, upon the request of the project support of H.R. 652 and allow this Mr. DOOLITTLE. Mr. Speaker, I licensee, in accordance with the good faith, project sufficient time to commence its yield myself such time as I may due diligence, and public interest require- construction. consume. ments of that section and the Commission’s Mr. DAN SCHAEFER of Colorado. procedures under that section, extend the Mr. Speaker, this basically is a sim- time period during which the licensee is re- Mr. Speaker, I yield such time as he ple name change to relieve a lot of con- quired to commence construction of the may consume the gentleman from fusion surrounding the name of this project for not more than 3 consecutive 2- Washington [Mr. WHITE]. particular reservoir. Everything else in year periods. Mr. WHITE. Mr. Speaker, once again the area is referred to as Trinity Dam (b) APPLICABILITY.—An extension under I thank the chairman and ranking or Trinity Power Plant. Making this subsection (a) shall take effect for a project member for bringing this bill forward. Trinity Lake would relieve the confu- upon the expiration of the extension, issued It is exactly like H.R. 651. They both sion and would, frankly, enhance the by the Commission under section 13 of the should pass for the same reasons. Federal Power Act (16 U.S.C. 806), of the pe- efforts of the communities to appeal riod required for commencement of construc- Mr. HALL of Texas. Mr. Speaker, I more to tourism, which is what they tion of the project. have no further requests for time, and are hoping to do. (c) REINSTATEMENT OF EXPIRED LICENSE.— I yield back the balance of my time. Mr. Speaker, I know of no opposition If the license for the project referred to in Mr. DAN SCHAEFER of Colorado. to this. Similar legislation passed the subsection (a) has expired prior to the date Mr. Speaker, I have no further requests House in the last Congress, but the of enactment of this Act, the Commission for time, and I yield back the balance Senate took no action. This did not shall reinstate the license effective as of the of my time. have any problem coming out of our date of its expiration and extend the time re- The SPEAKER pro tempore. The quired for commencement of construction of committee, and I urge our colleagues the project as provided in subsection (a) for question is on the motion offered by to support the bill. not more than 3 consecutive 2-year periods, the gentleman from Colorado, Mr. DAN Mr. Speaker, I reserve the balance of the first of which shall commence on the SCHAEFER, that the House suspend the my time. date of such expiration. rules and pass the bill, H.R. 652. Mr. ABERCROMBIE. Mr. Speaker, I The SPEAKER pro tempore. Pursu- The question was taken; and (two- yield myself such time as I may ant to the rule, the gentleman from thirds having voted in favor thereof), consume. Colorado [Mr. DAN SCHAEFER], and the the rules were suspended and the bill Mr. Speaker, I note for the RECORD gentleman from Texas, [Mr. HALL] each was passed. that Clair Engle was a distinguished will control 20 minutes. A motion to reconsider was laid on member of the House of Representa- The Chair recognizes the gentleman the table. tives from California, and also a U.S. from Colorado, [Mr. DAN SCHAEFER]. GENERAL LEAVE Senator, and that we recognize the (Mr. DAN SCHAEFER of Colorado asked Mr. DAN SCHAEFER of Colorado. practical reasons for this name change. and was given permission to revise and Mr. Speaker, I ask unanimous consent We also note that this action in no extend his remarks.) that all Members may have 5 legisla- way diminishes the respect we have for March 11, 1997 CONGRESSIONAL RECORD — HOUSE H831 Clair Engle. The committee report sug- ``Congressman Fireball,'' as Clair Engle was the gentleman from Hawaii [Mr. ABER- gests that another facility may in the sometimes known, was an active and out- CROMBIE], I will reserve the balance of future be designated in honor of Clair spoken Member of Congress and provided my time and yield to him to explain Engle, and I believe that would be an leadership at a key moment in our history. I the joint resolution. appropriate action to honor his mem- believe it was fitting that his long service to Mr. ABERCROMBIE. Mr. Speaker, I ory. California was recognized in naming Clair yield myself such time as I may With that, Mr. Speaker, I yield back Engle Lake in 1964, and I hope Congress will consume. the balance of my time. find a suitable substitute as quickly as pos- Mr. Speaker, I thank the gentleman Mr. DOOLITTLE. Mr. Speaker, I sible. from California for offering me the op- yield myself such time as I may Mr. DOOLITTLE. Mr. Speaker, I portunity to explain this resolution. consume. yield back the balance of my time. Mr. Speaker, I rise today in support Let me say I concur with the gentle- The SPEAKER pro tempore. The of my joint resolution, House Joint man’s sentiment. It is entirely appro- question is on the motion offered by Resolution 32, to consent to certain priate that we have something named the gentleman from California [Mr. amendments by the legislature of the in honor of Senator Engel. This area DOOLITTLE] that the House suspend the State of Hawaii to the Hawaiian Homes was, generally speaking, the area from rules and pass the bill, H.R. 63. Commission Act of 1920. which he came. We would certainly The question was taken; and (two- Over 75 years have elapsed since Con- support an appropriate designation in thirds having voted in favor thereof) gress passed the Hawaiian Homes Com- his honor. This, however, is I think the rules were suspended and the bill mission Act of 1920. Under the Hawai- necessary to assist the community in was passed. ian Homes Commission Act, approxi- clearing up considerable confusion that A motion to reconsider was laid on mately 203,500 acres of public lands was does exist. the table. set aside for the rehabilitation of na- Mr. FAZIO of California. Mr. Speaker, I rise f tive Hawaiians through a Government- in reluctant support of this bill today. Certainly, sponsored homesteading project. it is important that Congress take the lead GENERAL LEAVE Two major factors prompted Con- from the wisdom of local government when it Mr. DOOLITTLE. Mr. Speaker, I ask gress to pass this act. First, native Ha- is appropriate, and I understand that the gen- unanimous consent that all Members waiians were a dying race. Population esis of this bill is a unanimous resolution by may have 5 legislative days within data showed that the number of full- the Trinity County Board of Supervisors asking which to revise and extend their re- blooded Hawaiians in the territory, the that Clair Engle Lake be renamed. However, Congress does not act lightly in marks on H.R. 63. then-territory of Hawaii, had decreased honoring one of its Members. Not every Mem- The SPEAKER pro tempore. Is there from an 1826 estimate of 142,650 to ber of Congress is honored by a congres- objection to the request of the gen- 22,600 in 1919. sional resolution which names a public facility tleman from California? Second, Congress saw that previous in honor of a Member's service, and Congress There was no objection. systems of land distribution were inef- make a diligent effort to choose a suitable f fective when judged practically by the benefits accruing to native Hawaiians. honor commensurate with the Member's con- GRANTING CONSENT TO CERTAIN tributions to his State and the Nation. These The Hawaiian Homes Commission Act AMENDMENTS ENACTED BY THE was originally intended for rural home- decisions are not made lightly and should not HAWAII LEGISLATURE TO HA- lightly be cast off as our memories of signifi- steading; that is, for native Hawaiians WAIIAN HOMES COMMISSION ACT to leave urban areas and return to cant achievements fade. OF 1920 The committee report states the intention to lands to become subsistence or com- name a suitable Central Valley Project facility Mr. DOOLITTLE. Mr. Speaker, I mercial farmers and ranchers. for Clair Engle in exchange for the change of move to suspend the rules and pass the b 1500 name for this lake. I would feel less anxious joint resolution (H.J. Res. 32) to con- Yet the demand of native Hawaiians about our action today if that renaming was sent to certain amendments enacted by for residential house lots has far ex- part of the resolution in front of us. the legislature of the State of Hawaii Some may remember one of Clair Engle's to the Hawaiian Homes Commission ceeded the demand for agricultural or last acts, when shortly before his death and Act of 1920. pastoral lots. partially paralyzed, he was wheeled twice into The Clerk read as follows: The Hawaii Statehood Act of 1959 shifted the responsibility for the ad- the U.S. Senate chamber to vote, first to end H.J. RES. 32 debate on the landmark Civil Rights Act of ministration of the Hawaii Homes Resolved by the Senate and House of Rep- Commission Act from the Territory to 1964 and a second time to vote on final pas- resentatives of the United States of America in sage. These heroic acts exemplified his long Congress assembled, That, as required by sec- the State of Hawaii. In accordance record of opposition to racial discrimination. tion 4 of the Act entitled ‘‘An Act to provide with the Statehood Act, title to the He died 1 month later. for the admission of the State of Hawaii into available lands was transferred to the But we in California also remember him for the Union’’, approved March 18, 1959 (73 Stat. new State. The Statehood Act, how- his long service to our State, especially his 4), the United States consents to the follow- ever, also included certain require- ing amendments to the Hawaiian Homes ments regarding the State of Hawaii’s chairmanship of the House Interior and Insular Commission Act, adopted by the State of Ha- Affairs Committee and his championing of im- administration of the Hawaii homes waii in the manner required for State legis- program, and it is these that give rise provements to the Central Valley Reclamation lation: Project and to public power development. (1) Act 339 of the Session Laws of Hawaii, to joint resolution. Engle was born in Bakersfield in 1911 and 1993. Section 4 of the Hawaii Statehood won election as the youngest county district (2) Act 37 of the Session Laws of Hawaii, Act provides that, and I quote, ‘‘the attorney in California's history, just 1 year after 1994. consent of the United States,’’ un- his graduation from the University of California The SPEAKER pro tempore. Pursu- quote, would be required for certain Hastings College of Law in 1933. He had ant to the rule, the gentleman from amendments by the State to the Ha- graduated from Chico State College in 1930. California [Mr. DOOLITTLE] and the waiian Homes Commission Act. As part He served as Tehama County district attor- gentleman from Hawaii [Mr. ABER- of the administrative responsibility ney from 1934 to 1942. Engle then spent one CROMBIE] each will control 20 minutes. the Department of the Interior under- term in the State senate before winning elec- The Chair recognizes the gentleman took in 1983 as, quote, ‘‘lead Federal tion to the House of Representatives in a 1943 from California [Mr. DOOLITTLE]. agency,’’ unquote, for purposes of the special election for a district which covered Mr. DOOLITTLE. Mr. Speaker, I Hawaiian Homes Commission Act, the one-third of the State's land areaÐfrom the yield myself such time as I may department and the Governor of Ha- Mojave Desert to Oregon. consume. waii informally agreed in 1987 to a pro- A member of the Interior and Insular Affairs Mr. Speaker, I have a statement that cedure under which the department Committee beginning in 1951, he became its I intend to submit for the RECORD. But would become involved in securing con- chair in 1955 and served until 1958, when he in that this resolution indeed is au- sent to State amendments to the Ha- was elected to the U.S. Senate. thored by a member of our committee, waiian Homes Commission Act. H832 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Congress has previously enacted two Mr. ABERCROMBIE. Mr. Speaker, I One final comment, Mr. Speaker, statutes consenting to various amend- yield such time as he may consume to while I am in full support of the legis- ments to the Hawaiian Homes Commis- the gentleman from American Samoa lation we are considering today, I do sion Act by the State of Hawaii: Public [Mr. FALEOMAVAEGA]. not want my statement to be inter- Laws 99–577 and 100–398. (Mr. FALEOMAVAEGA asked and preted as a change of my position on Generally, it has been the position of was given permission to revise and ex- blood quantum requirements. We did it the Department of the Interior in con- tend his remarks.) with the native Indians, we did it with nection with State amendments to the Mr. FALEOMAVAEGA. Mr. Speaker, the native Hawaiians and we did it Hawaiian Homes Commission Act to I certainly would like to commend the with Samoans. I continue to find eligi- refrain from second-guessing the Ha- gentleman from Hawaii for being the bility criteria based on blood quantum waii State Legislature and Governor of chief sponsor of this piece of legisla- abhorrent, and I continue to oppose Hawaii with respect to merits of the tion, and I thank the gentleman from any such restriction. amendments. California for his cooperation in bring- Mr. Speaker, I urge my colleagues to The following two amendments have ing this piece of legislation to the support this legislation. been determined to require the consent floor. This legislation passed unani- Mr. ABERCROMBIE. Mr. Speaker, I of the United States and again by ex- mously the House Committee on Re- yield myself such time as I may tension therefore are meeting on the sources last week, and I am very happy consume. floor today on this resolution: that we are now bringing it for floor I will conclude merely by comment- One of them is Act 339 of the Session consideration. ing on my colleague from American Laws of Hawaii, 1993. This statute es- Mr. Speaker, I rise today in strong Samoa’s remarks, that it is indeed the tablishes the Hawaiian Hurricane Re- support of House Joint Resolution 32, a case that the blood quantum require- lief Fund. Section 7 authorized the De- resolution providing congressional con- ment has created misunderstanding partment of Hawaiian Home Lands to sent to certain amendments proposed and difficulty over the years. We need obtain homeowner’s insurance cov- to the Hawaiian Homes Commission to keep in mind that the act was erage for lessees and to issue revenue Act of 1920. This consent is required by passed originally in 1920 and that na- bonds. Section 15 of the bill consists of the 1959 Hawaii Statehood Admissions tive Hawaiians themselves are coming a severability clause which provides Act. to grips with this question, and we that consent requirement, if any, that Mr. Speaker, I have risen often on hope for a resolution that may find its applies to the Hawaiian Home Lands this floor to speak out in support of na- way for presentation to this body in provisions of the act shall not be tive Hawaiians and against some of the the near future. deemed to have the validity of the more oppressive actions taken by the With that, Mr. Speaker, I request a other provisions of the act. The De- United States against the native Ha- favorable attention of the Members of partment of the Interior has taken the waiians. Our illegal and unlawful sup- the House to this resolution and I hope position that State enactments which port of the overthrow by force of the that it will receive the necessary votes include a severability clause, in the ex- lawful Kingdom of Hawaii is not one of in order to pass. The people of Hawaii ercise of caution, be submitted to Con- the proud moments of our history, I will be very grateful for that outcome, gress for approval. must submit. However, Congress did and native Hawaiians in particular will The second measure, Mr. Speaker, is have the foresight at least to make a be the beneficiaries. Act 37 of the Session Laws of 1994. This commitment to preserve some of the Mr. Speaker, I thank the gentleman statute allows homestead lessees to traditional lands in the Hawaiian Is- from California for his remarks and his designate as a successor to the lease a lands for native Hawaiians. insight. I am very appreciative. grandchild who is at least 25 percent Under current law, a native Hawaiian Mr. Speaker, I yield back the balance native Hawaiian. Under the current with a leasehold interest in Hawaiian of my time. law, as adopted by Hawaii in 1982, a les- homelands can designate that interest Mr. DOOLITTLE. Mr. Speaker, I see may designate his or her spouse or to a spouse or child who is at least 25 yield myself such time as I may children as a successor under the lease percent native Hawaiian. But to des- consume. if they are 25 percent native Hawaiian. ignate that same interest to a grand- Mr. Speaker, the changes contained The bill would thus allow a similar des- child, the grandchild would have to be in the gentleman’s resolution are meri- ignation with respect to grandchildren. at least 50 percent native Hawaiian. To torious and desirable. They emphasize The Department of the Interior con- tell you honestly, Mr. Speaker, this the principles of self-reliance and of curs with the State’s position that con- blood quantum really boils me to no the extended family, and I would gressional consent is required for this end. I have never heard of a human strongly urge the House to approve legislation in that it amends the 50- being given blood quantum, 50 percent, this resolution. percent blood quantum requirement in- 25 percent. As far as I am concerned, Mr. Speaker, these two amendments to the cluded in the Hawaiian Homes Com- they are human beings. Hawaiian Homes Commission Act of 1920 mission Act. This legislation would consent to a would have no effect on the Federal budget. So in summary, Mr. Speaker, these change adopted by the legislature of However, they are important to the Native Ha- two measures involve the establish- the State of Hawaii to permit a des- waiian community and these particular provi- ment of Hawaiian Hurricane Act, obvi- ignation to a grandchild who is at least sions of the Hawaii statute cannot go into ef- ously we are subject to such phenome- 25 percent native Hawaiian, the same fect until this the Congress acts. Under the non, natural phenomena in the Hawai- criterion applied for spouses and chil- Hawaii Statehood Admissions Act of 1959, ian Islands, and it is necessary for us dren. Congress retains the authority to consent to to establish that fund. And by exten- Another section of this resolution any changes to the Hawaiian Homes Commis- sion, for the reasons mentioned, to re- provides congressional consent to a sion Act of 1920. quest the United States, that is, the 1993 Hawaii State law which estab- The State of Hawaii acted to create the Ha- House of Representatives and the Sen- lished the Hawaiian Hurricane Relief waii hurricane relief fund after the devastation ate, to concur. And second, to provide Fund. While it is not clear that con- of Hurricane Iniki in 1993 and included provi- an opportunity because of the passage gressional consent is required for this sions for Native Hawaiians affected on Hawai- of time for lessees to designate their State statute to be valid, the Depart- ian home lands. Act 339 of 1993 of the State grandchildren as well as their spouse or ment of the Interior, in its usual cau- of Hawaii proposes to authorize the issuance children if they meet the 25 percent na- tious fashion, has indicted that the of hurricane insurance coverage for lessees of tive Hawaiian requirement. prudent approach would be to obtain Hawaiian home lands and revenue bonds to For these reasons and with respect to congressional consent. From my per- establish the necessary reserves for payment that history and legacy of the Hawai- spective, Mr. Speaker, the policy im- of claims in excess of reserves. This is the ian Homes Commission Act, Mr. Speak- plemented by the State law is sound, first amendment identified in House Joint Res- er, I ask my colleagues to support and Congress should act promptly to olution 32. these worthwhile measures. alleviate any possibility of the State The second change to the Hawaiian Homes Mr. DOOLITTLE. Mr. Speaker, I re- statute being found invalid by reason Commission Act proposed by the State of Ha- serve the balance of my time. of a lack of congressional consent. waii by Act 37 of 1994 permits grandchildren March 11, 1997 CONGRESSIONAL RECORD — HOUSE H833 of a Native Hawaiian with at least 25 percent owners in Hawaii to obtain insurance against SEC. 2. FINDINGS. Native Hawaiian blood quantum to assume a such potential disasters. For homesteaders on Congress finds that— grandparent's lease upon the death of the Hawaiian homes lands the effort is even more (1) in enacting the National Geologic Mapping Act of 1992 (43 U.S.C. 31a et seq.), Congress grandparent. It is not uncommon for Native difficult because of they are not land owners. found, among other things, that— Hawaiian grandchildren to be raised by their The law passed by the State legislature for (A) during the 2 decades preceding enactment grandparents. This measure will support the which we seek approval today will assist many of that Act, the production of geologic maps had traditional extended family values among the Hawaiian homesteaders in obtaining adequate been drastically curtailed; Native Hawaiian community. hurricane insurance coverage. (B) geologic maps are the primary data base The House consented to these same The second amendment approved by the for virtually all applied and basic earth-science changes to the Hawaiian Homes Commission Hawaii State legislature allows homestead les- investigations; (C) Federal agencies, State and local govern- Act upon passage of H.R. 1332 in the 104th sees to designate grandchildren who are at ments, private industry, and the general public Congress. That measure, sponsored by Mr. least 25 percent Native Hawaiian as succes- depend on the information provided by geologic GALLEGLY, then chairman of the subcommittee sors to the lease. The original Hawaiian maps to determine the extent of potential envi- with jurisdiction over these matters in the Homestead Act limited leases to those of 50 ronmental damage before embarking on projects 104th Congress, contained language identical percent or more Native Hawaiian blood. This that could lead to preventable, costly environ- to the text of the current resolution by Mr. amendment approved by our State Legislature mental problems or litigation; ABERCROMBIE of Hawaii which is cosponsored will allow Hawaiian homesteads to stay within (D) the lack of proper geologic maps has led to the poor design of such structures as dams and by Mr. GALLEGLY and Mr. FALEOMAVAEGA. The the family for another generation. waste-disposal facilities; other body was prepared last year to accept These changes adopted by the elected body (E) geologic maps have proven indispensable this provision as contained in H.R. 1332 and of the State of Hawaii reflect the will of the in the search for needed fossil fuel and mineral now as in House Joint Resolution 32, but ad- people of Hawaii in administering this impor- resources; and journed before it could be taken up. tant law. I would ask my colleagues to support (F) a comprehensive nationwide program of Both of the proposed changes to the Hawai- the actions of our State and support House geologic mapping is required in order to system- ian Homes Commission Act by the State of Joint Resolution 32. atically build the Nation’s geologic-map data Hawaii are meritorious and deserve the ap- The SPEAKER pro tempore (Mr. base at a pace that responds to increasing de- mand; proval of the House today. These measure are GOODLATTE). The question is on the (2) the geologic mapping program called for by sound and directly benefit Native Hawaiians motion offered by the gentleman from that Act has not been fully implemented; and by emphasizing the importance of the ex- California [Mr. DOOLITTLE] that the (3) it is time for this important program to be tended family and self-reliance. I urge my col- House suspend the rules and pass the fully implemented. leagues to approve House Joint Resolution 32 joint resolution, House Joint Resolu- SEC. 3. REAUTHORIZATION AND AMENDMENT. so that these measures can promptly begin to tion 32. (a) DEFINITIONS.—Section 3 of the National benefit Native Hawaiian families. The question was taken. Geologic Mapping Act of 1992 (43 U.S.C. 31b) is Mr. Speaker, I yield back the balance Mr. SANCHEZ. Mr. Speaker, on that amended— of my time. I demand the yeas and nays. (1) by striking ‘‘As used in this Act:’’ and in- Mrs. MINK of Hawaii. Mr. Speaker, I rise serting ‘‘In this Act:’’; The yeas and nays were ordered. (2) by redesignating paragraphs (2), (3), (4), today in support of House Joint Resolution 32, Mr. ABERCROMBIE. Mr. Speaker, and (5) as paragraphs (3), (4), (5), and (7), re- which provides congressional approval of two could the Chair advise how many votes spectively; amendments to the Hawaiian Homes Act of are required, how many Members have (3) by inserting after paragraph (1) the follow- 1920 passed by the Hawaii State Legislature. to be standing? I did not see the re- ing: These amendments involve the establishment quired number of votes. ‘‘(2) ASSOCIATION.—The term ‘Association’ of a Hawaiian hurricane relief fund and rules The SPEAKER pro tempore. The means the Association of American State Geolo- governing eligible successors to a Hawaiian gists.’’; Chair counted one-fifth of those Mem- (4) by inserting after paragraph (5) (as redes- homes lease. bers present as standing. The yeas and ignated by paragraph (2) of this subsection) the It may seem strange to some that the Con- nays are ordered. following new paragraph: gress has to approve changes made by a Pursuant to clause 5 of rule I and the ‘‘(6) STATE.—The term ‘State’ includes the State legislature. But this action is required as Chair’s prior announcement, further District of Columbia, the Commonwealth of a result of the unique history of the Hawaiian proceedings on this motion will be Puerto Rico, the Commonwealth of the Northern Homes Commission Act. postponed. Mariana Islands, American Samoa, Guam, and the Virgin Islands.’’; and The Hawaiian Homes Commission Act was f passed by the Congress in 1921 to set aside (5) in each paragraph that does not have a some 200,000 acres of land for the use and GENERAL LEAVE heading, by inserting a heading, in the same style as the heading in paragraph (2), as added benefit of the Native Hawaiian people, whose Mr. DOOLITTLE. Mr. Speaker, I ask by paragraph (3), the text of which is comprised government had been illegally overthrown with unanimous consent that all Members of the term defined in the paragraph. the assistance of the U.S. Government in may have 5 legislative days in which to (b) GEOLOGIC MAPPING PROGRAM.—Section 4 1893. revise and extend their remarks and in- of the National Geologic Mapping Act of 1992 The Federal Government maintained pri- clude extraneous material on the joint (43 U.S.C. 31c) is amended— mary responsibility for the administration of resolution just considered. (1) by striking subsection (a) and inserting the these lands until Hawaii became a State in The SPEAKER pro tempore. Is there following: 1959. The Hawaii Statehood of Admissions ‘‘(a) ESTABLISHMENT.— objection to the request of the gen- ‘‘(1) IN GENERAL.—There is established a na- Act transferred the day-to-day administration tleman from California? tional cooperative geologic mapping program be- of the lands to the State of Hawaii, but the There was no objection. tween the United States Geological Survey and Federal Government retained oversight re- f the State geological surveys, acting through the sponsibility of the Hawaiian Homes Commis- Association. sion Act. Accordingly, the Hawaii Statehood NATIONAL GEOLOGIC MAPPING ‘‘(2) DESIGN, DEVELOPMENT, AND ADMINISTRA- Admissions Act requires that any changes REAUTHORIZATION ACT OF 1997 TION.—The cooperative geologic mapping pro- made by the Hawaii State Legislature affecting Mrs. CUBIN. Mr. Speaker, I move to gram shall be— ‘‘(A) designed and administered to achieve the the administration of the Hawaiian home lands suspend the rules and pass the bill objectives set forth in subsection (c); be approved by the Congress. (H.R. 709) to reauthorize and amend the ‘‘(B) developed in consultation with the advi- House Joint Resolution 32 seeks to approve National Geologic Mapping Act of 1992, sory committee; and two such amendments to the act. The first is and for other purposes, as amended. ‘‘(C) administered through the Survey.’’; a 1993 law establishing a Hawaiian hurricane The Clerk read as follows: (2) in subsection (b)— relief fund and authorizing the Hawaii Depart- H.R. 709 (A) in the subsection heading by striking ment of Hawaiian Home Lands to obtain ‘‘USGS’’ and inserting ‘‘THE SURVEY’’; Be it enacted by the Senate and House of Rep- (B) in paragraph (1)— homeowner's insurance for lessees. resentatives of the United States of America in (i) by single-indenting the paragraph, double- The Hawaiian Islands are vulnerable to dev- Congress assembled, indenting the subparagraphs, and triple indent- astating hurricanes, as demonstrated by Hurri- SECTION 1. SHORT TITLE. ing the clauses; cane Iniki in 1992, which virtually wiped out an This Act may be cited as the ‘‘National Geo- (ii) by inserting ‘‘LEAD AGENCY.—’’ before entire island. It has been difficult for home- logic Mapping Reauthorization Act of 1997’’. ‘‘The Survey’’; H834 CONGRESSIONAL RECORD — HOUSE March 11, 1997 (iii) in subparagraph (A)— to advise the Director on planning and imple- ‘‘(1) $26,000,000 for fiscal year 1998; (I) by striking ‘‘Committee on Natural Re- mentation of the geologic mapping program. ‘‘(2) $28,000,000 for fiscal year 1999; and sources’’ and inserting ‘‘Committee on Re- ‘‘(2) MEMBERS EX OFFICIO.—Federal agency ‘‘(3) $30,000,000 for fiscal year 2000. sources’’; and members shall include the Administrator of the ‘‘(b) ALLOCATION OF APPROPRIATED FUNDS.— (II) by striking ‘‘date of enactment of this Environmental Protection Agency or a designee, ‘‘(1) IN GENERAL.—Of the amount of funds Act’’ and inserting ‘‘date of enactment of the the Secretary of Energy or a designee, the Sec- that are appropriated under subsection (a) for National Geologic Mapping Reauthorization Act retary of Agriculture or a designee, and the As- any fiscal year up to the amount that is equal of 1997’’; sistant to the President for Science and Tech- to the amount appropriated to carry out the na- (iv) in subparagraph (B)— nology or a designee. tional cooperative geologic mapping program for (I) by striking ‘‘State geological surveys’’ and ‘‘(3) APPOINTED MEMBERS.—Not later than 90 fiscal year 1996— inserting ‘‘Association’’; and days after the date of enactment of the National ‘‘(A) not less than 20 percent shall be allo- (II) by striking ‘‘date of enactment of this Geologic Mapping Reauthorization Act of 1997, cated to State mapping activities; and Act’’ and inserting ‘‘date of enactment of the in consultation with the Association, the Sec- ‘‘(B) not less than 2 percent shall be allocated National Geologic Mapping Reauthorization Act retary shall appoint to the advisory committee 2 to educational mapping activities. of 1997’’; and representatives from the Survey (including the ‘‘(2) INCREASED APPROPRIATIONS.—Of the (v) in subparagraph (C)— Chief Geologist, as Chairman), 2 representatives amount of funds that are appropriated under (I) by striking ‘‘date of enactment of this Act’’ from the State geological surveys, 1 representa- subsection (a) for any fiscal year up to the and inserting ‘‘date of enactment of the Na- tive from academia, and 1 representative from amount that exceeds the amount appropriated tional Geologic Mapping Reauthorization Act of the private sector.’’; and to carry out the national cooperative geologic 1997’’; (2) in subsection (b)(3) by striking ‘‘and mapping program for fiscal year 1996— (II) by striking ‘‘Committee on Natural Re- State’’ and inserting ‘‘, State, and university’’. ‘‘(A) for fiscal year 1998— sources’’ and inserting ‘‘Committee on Re- (d) GEOLOGIC MAPPING PROGRAM IMPLEMEN- ‘‘(i) 75 percent shall be allocated for Federal sources’’; TATION PLAN.—Section 6 of the National Geo- mapping and support mapping activities; (III) in clauses (i) and (ii) by inserting ‘‘and logic Mapping Act of 1992 (43 U.S.C. 31e) is ‘‘(ii) 23 percent shall be allocated for State the Association’’ after ‘‘the Survey’’; amended— mapping activities; and (IV) by adding ‘‘and’’ at the end of clause (ii); (1) in paragraph (1) by inserting ‘‘coopera- ‘‘(iii) 2 percent shall be allocated for edu- and tive’’ after ‘‘national’’; cational mapping activities; (V) by striking ‘‘; and’’ at the end of clause (2) by striking paragraph (3)(C) and inserting ‘‘(B) for fiscal year 1999— (iii) and all that follows through the end of the the following: ‘‘(i) 74 percent shall be allocated for Federal subparagraph and inserting a period; ‘‘(C) for the State geologic mapping compo- mapping and support mapping activities; (C) in paragraph (2)— nent, a priority-setting mechanism that re- ‘‘(ii) 24 percent shall be allocated for State (i) by inserting ‘‘RESPONSIBILITIES OF THE SEC- sponds to— mapping activities; and RETARY.—’’ before ‘‘In addition to’’; and ‘‘(i) specific intrastate needs for geologic-map ‘‘(iii) 2 percent shall be allocated for edu- (ii) in subparagraph (A) by striking ‘‘State ge- information; and cational mapping activities; and ological surveys’’ and inserting ‘‘Association’’; ‘‘(ii) interstate needs shared by adjacent enti- ‘‘(C) for fiscal year 2000— and ties that have common requirements; and’’; ‘‘(i) 73 percent shall be allocated for Federal (D) by single-indenting the paragraph and (3) by striking paragraphs (4) and (5) and in- mapping and support mapping activities; double-indenting the subparagraphs; serting the following: ‘‘(ii) 25 percent shall be allocated for State (3) in subsection (c)— ‘‘(4) a mechanism for adopting scientific and mapping activities; and (A) in paragraph (2) by striking ‘‘interpre- technical mapping standards for preparing and ‘‘(iii) 2 percent shall be allocated for edu- tive’’ and inserting ‘‘interpretative’’; and publishing general-purpose and special-purpose cational mapping activities.’’. (B) in paragraph (4) by striking ‘‘awareness geologic maps to— The SPEAKER pro tempore. Pursu- for’’ and inserting ‘‘awareness of’’; and ‘‘(A) ensure uniformity of cartographic and ant to the rule, the gentlewoman from (4) in subsection (d)— scientific conventions; and Wyoming [Mrs. CUBIN] and the gen- (A) in paragraph (1) by inserting ‘‘FEDERAL ‘‘(B) provide a basis for judgment as to the tleman from Puerto Rico [Mr. ROMERO- COMPONENT.—’’ before ‘‘A Federal’’; comparability and quality of map products; (B) in paragraph (2)— BARCELO´ ], each will control 20 minutes. and’’; and (i) by inserting ‘‘SUPPORT COMPONENT.—’’ be- The Chair recognizes the gentle- (4) by redesignating paragraph (6) as para- fore ‘‘A geologic’’; and graph (5). woman from Wyoming [Mrs. CUBIN]. (ii) by striking subparagraph (D) and insert- (e) NATIONAL GEOLOGIC-MAP DATA BASE.— (Mrs. CUBIN asked and was given ing the following: Section 7 of the National Geologic Mapping Act permission to revise and extend her re- ‘‘(D) geochronologic and isotopic investiga- of 1992 (43 U.S.C. 31f) is amended by striking tions that— marks.) ‘‘(i) provide radiometric age dates for geologic- subsection (b) and inserting the following: Mrs. CUBIN. Mr. Speaker, I yield my- ‘‘(b) STANDARDIZATION.— map units; and self such time as I may consume. ‘‘(1) IN GENERAL.—Geologic maps contributed ‘‘(ii) fingerprint the geothermometry, Mr. Speaker, today I rise in support to the national archives shall have format, sym- geobarometry, and alteration history of geo- of H.R. 709, a bill to amend the Na- bols, and technical attributes that adhere to logic-map units, standards so that archival information can be tional Geologic Mapping Act of 1992. which investigations shall be contributed to a accessed, exchanged, and compared efficiently This law is a codification of coopera- national geochronologic data base;’’; and accurately, as required by Executive Order tive federalism. It expressly authorizes (C) in paragraph (3) by inserting ‘‘STATE COM- 12906 (59 Fed. Reg. 17,671 (1994)), which estab- PONENT.—’’ before ‘‘A State’’; and the practice of the U.S. Geological Sur- (D) by striking paragraph (4) and inserting lished the National Spatial Data Infrastructure. vey using a small but significant por- the following: ‘‘(2) DEVELOPMENT OF STANDARDS.—Entities tion of its geologic mapping budget to that contribute geologic maps to the national ar- ‘‘(4) EDUCATION COMPONENT.—A geologic map- find mapping projects of priority to the chives shall develop the standards described in ping education component— State geologic surveys on a 50–50 ‘‘(A) the objectives of which shall be— paragraph (1) in cooperation with the Federal Geographic Data Committee, which is charged matching share basis. In this manner, ‘‘(i) to develop the academic programs that the act promotes the basic scientific teach earth-science students the fundamental with standards development and other data co- principles of geologic mapping and field analy- ordination activities as described in Office of endeavor the mapping the bedrock ge- sis; and Management and Budget revised Circular A– ology and superficial deposits of this ‘‘(ii) to provide for broad education in geologic 16.’’. country. Most people do not realize the mapping and field analysis through support of (f) ANNUAL REPORT.—Section 8 of the Na- importance of geologic mapping. It field studies; tional Geologic Mapping Act of 1992 (43 U.S.C. meets society’s needs for geologic haz- ‘‘(B) investigations under which shall be inte- 31g) is amended in the first sentence— (1) by striking ‘‘Committee on Natural Re- ards identification and abatement, for grated with the other mapping components of groundwater protection, land use plan- the geologic mapping program and shall respond sources’’ and inserting ‘‘Committee on Re- to priorities identified for those components; and sources’’; and ning and mineral resources identifica- ‘‘(C) Federal funding for which shall be (2) by striking ‘‘program, and describing and tion. matched by non-Federal sources on a 1-to-1 evaluating progress’’ and inserting ‘‘program H.R. 709 reauthorizes this cooperative basis.’’. and describing and evaluating the progress’’. program for three years, 1998 to the (c) ADVISORY COMMITTEE.—Section 5 of the (g) AUTHORIZATION OF APPROPRIATIONS.—Sec- year 2000. It establishes thresholds for National Geologic Mapping Act of 1992 (43 tion 9 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31h) is amended to read as fol- the sharing of funds between Federal, U.S.C. 31d) is amended— State and academic components. In (1) by striking subsection (a) and inserting the lows: following: ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. general, the administration has agreed ‘‘(a) ESTABLISHMENT.— ‘‘(a) IN GENERAL.—There are authorized to be to dedicate not less than 20 percent of ‘‘(1) IN GENERAL.—There shall be established a appropriated to carry out the national coopera- the budget line for geologic mapping to 10-member geologic mapping advisory committee tive geologic mapping program under this Act— the cooperative State map component March 11, 1997 CONGRESSIONAL RECORD — HOUSE H835 and not less than 2 percent to the edu- government, private industry and citi- system management, the identification cation mapping or ed map component. zens alike. and mitigation of natural hazards, such The ed map function is to ensure small The National Geologic Mapping Act as earthquake-prone areas, volcanic amounts of granted moneys will be of 1992 authorized the USGS to orga- eruptions, landslides and other ground available for student training in fields nize a national program of geologic failures, as well as many other land use of mapping skills. mapping through a partnership with planning requirements. This bill was amended in subcommit- State geologic surveys, academia and This legislation would provide an tee by my friends, the ranking mem- the private sector. This cooperative re- array of benefits for States. It would ber, the gentleman from Puerto Rico lationship is essential to develop the assist State and local communities [Mr. ROMERO-BARCELO´ ] and the gentle- extensive amount of material for in- with land and water decisions, aid woman from the Virgin Islands [Ms. formed decision-making. farmers and ranchers with crop deci- CHRISTIAN-GREEN]. The sum of those I understand that nothing in current sions, encourage habitat protection for amendments clarified the definition of law or the reauthorization bill prevents endangered species, and aid the mining State to include the District of Colum- Puerto Rico or other territories from industry with site determination for bia, the Commonwealth of Puerto Rico, participating in this valuable program. mineral resources. the Commonwealth of the Northern However, we wanted to be absolutely Another benefit of this legislation is Mariana Islands, American Samoa, clear on this issue. Therefore, the gen- its funding formula. The appropriation Guam, and the United States Virgin Is- tlewoman from the Virgin Islands, Del- from the National Geologic Mapping lands. egate CHRISTIAN-GREEN, and I offered Reauthorization Act of 1997, which re- I do believe, Mr. Speaker, that the amendments in the Committee on Re- quires a 50–50 matching of Federal matching funds requirement is impor- sources that designate the Common- funds from non-Federal sources, will tant because it assures greater scru- wealth of Puerto Rico and the other involve State colleges and universities. tiny of budget requests than would oth- territories and the District of Colum- This, I believe, sets an excellent prece- erwise be the case. The various State bia as eligible to participate in the geo- dent, allowing the Federal Govern- legislatures making funds available for logic mapping program. The bill before ment, States and colleges to cooperate their geological surveys, as well as the us today contains these amendments. in a unified, intelligent manner. H.R. 709 authorizes in the fiscal year committee and the Congress overseeing Accordingly, it is my pleasure to sup- 1998 $26 million to be appropriated, 75 Federal budgets, must be satisfied the port the adoption of the bill, and I urge percent for Federal mapping and sup- mapping program brings useful results. all my colleagues on both sides of the porting mapping activities, 23 percent I believe the program is indeed an im- aisle to vote yes on H.R. 709, as amend- for State mapping activities, and 2 per- portant part of the U.S. Geological ed. cent for educational mapping activi- Survey’s mission, and I urge my col- Mr. Speaker, I reserve the balance of my time. ties. Funds for fiscal year 1999 are $28 leagues to support H.R. 709. million and for fiscal year 2000 are $30 Mr. Speaker, I reserve the balance of Mrs. CUBIN. Mr. Speaker, I yield 5 minutes to the gentleman from Nevada million. Each year the funding formula my time. decreases the Federal mapping activi- b [Mr. GIBBONS]. 1515 Mr. GIBBONS. Mr. Speaker, I would ties by 1 percent and increases State Mr. ROMERO-BARCELO. Mr. Speak- like to begin by thanking the gentle- mapping activities accordingly. Since er, I yield myself such time as I may woman from Wyoming for her diligent fiscal year 1993, approximately $7.5 mil- consume. work on H.R. 709, the National Geo- lion in Federal appropriated funds have (Mr. ROMERO-BARCELO asked and logic Mapping Reauthorization Act of been matched by State moneys in this was given permission to revise and ex- 1997. This legislation becomes very im- cooperative peer review process of pro- tend his remarks.) portant when we address the issues of ducing geologic maps. It appears that only about one-fifth Mr. ROMERO-BARCELO. First of all, safety in the environment. H.R. 709 re- of this Nation is mapped to adequately Mr. Speaker, I want to thank the gen- authorizes the Geologic Mapping Act of address the issues described in section tlewoman from Wyoming [Mrs. CUBIN], 1992, which was a legislative response 2 of this bill. Congress has finally our chair of the subcommittee, for her to troubles in the National Academy of begun to understand the importance of attitude and openness and her coopera- Sciences with their lack of basic geo- geologic mapping, and it is time that tion in the process of this bill. It has logic mapping efforts in this country. we use our dollars wisely to bring been a real pleasure working with her Being a geologist myself, I can per- about the best science to this country. as the ranking member, and I look for- sonally attest to the importance that H.R. 709 will achieve this goal in a co- ward to a lot more of this bipartisan mapping has on many aspects of our operative partnership with little cooperation that we have had in this society. Geologic maps benefit safety money and a big return on science that bill. regulations, telling us where natural benefits our constituents. Mr. Speaker, we bring this bill, reau- disasters may occur. They also map To close, Mr. Speaker, the reauthor- thorizing the National Geologic Map- fault lines and water flow patterns, ization of the National Geologic Map- ping Act of 1992, to the floor today with which are important to identify when ping Act of 1992 will allow a joint ven- the full support of the Committee on building infrastructure for transpor- ture of Federal, State and academic in- Resources. Democrats and Republicans tation. Without a detailed geologic stitutions to continue on the appro- alike voted to favorably report this bill map of the United States, we will con- priate path of mapping the geology of to the House, and the Clinton adminis- tinue to address issues such as safe this Nation. As section 2, paragraph (B) tration has endorsed the bill. drinking water and environmental sys- states, ‘‘Geologic maps are the primary We need geologic mapping in our so- tems understanding, in the same way database for virtually all applied and ciety for many worthwhile purposes, someone drives a car at night without basic Earth science investigation.’’ It including emergency preparedness, en- headlights. is because of this continued need for vironmental protection, land use plan- It is important for us to explore and core science that I urge all Members to ning and resource extraction. understand what resources we have and support H.R. 709, and I believe this bill The Earth provides the physical how best to use them before we fool- is in the best interest of science and foundation for our society. We live hardily make unscientific decisions this Nation as well. upon it and we use its resources. There- without the full knowledge of our un- Mr. ROMERO-BARCELO´ . Mr. Speak- fore, we need to work toward a better derlying environment. er, I yield 2 minutes to the gentleman understanding of the Earth’s resources I also believe detailed geologic map- from American Samoa [Mr. and its inherent dangers. ping provides the basic information for FALEOMAVAEGA]. Geologic maps are one effective way solving a broad range of societal prob- (Mr. FALEOMAVAEGA asked and to convey the Earth science informa- lems. These include delineation and was given permission to revise and ex- tion needed for better understanding protection of our sources of safe drink- tend his remarks.) and decision-making by all of us: peo- ing water, environmental systems un- Mr. FALEOMAVAEGA. Mr. Speaker, ple in Federal agencies, State and local derstanding and foundations of eco- I want to commend the gentlewoman H836 CONGRESSIONAL RECORD — HOUSE March 11, 1997 from Wyoming, the chairlady of our Mr. ROMERO-BARCELO´ . Mr. Speak- Whereas in 1996 the Governments of India subcommittee, that has taken the ini- er, I have no further requests for time, and Nepal signed and ratified a treaty ena- tiative and leadership in passing unani- and I yield back the balance of my bling the joint development of the water re- mously by our Committee on Re- time. sources of the Mahakali River: Now, there- fore, be it sources this very important piece of Mrs. CUBIN. Mr. Speaker, I yield my- Resolved by the House of Representatives (the legislation. I thank my good friends self such time as I may consume to Senate concurring), That the Congress— from Puerto Rico and our Democrat state that I certainly appreciate the (1) congratulates the Governments of Ban- ranking member of the subcommittee help of the ranking minority member gladesh and India for their recent agreement for bringing to the attention of the in adding the other additions to the on sharing the water of the Ganges River; Members what I consider to be a little bill that were originally left out. I, too, (2) congratulates the Governments of India oversight in the fact that the National feel it was more of an oversight, that it and Nepal on their treaty enabling the joint Geological Mapping Reauthorization is very important and certainly does development of the water resources of the Act did not include the insular areas. improve the quality of the bill. Mahakali River; I am very happy that the gentle- (3) respectfully offers its encouragement GENERAL LEAVE for the three governments to continue their woman from Wyoming has taken the Mrs. CUBIN. Mr. Speaker, I ask cooperation which can do much to relieve initiative, with my good friend from unanimous consent that all Members the poverty of those people living the Ganges Puerto Rico, to see that the proper may have 5 legislative days within and Brahmaputra River Basin; and amendments are made to change this which to revise and extend their re- (4) urges international financial institu- reauthorization act. marks on H.R. 709, as amended. tions, such as the World Bank and the Asian Mr. Speaker, I am also happy to see The SPEAKER pro tempore (Mr. Development Bank, and the international my good friend from Nevada. Who community to offer whatever advice, encour- GOODLATTE). Is there objection to the could be a better expert than a person agement, and assistance is appropriate to request of the gentlewoman from Wyo- help in this effort. who is knowledgeable about geological ming? The SPEAKER pro tempore. Pursu- issues, a geologist himself, my good There was no objection. friend,the gentlewoman from Nevada Mrs. CUBIN. Mr. Speaker, I yield ant to the rule, the gentleman from [Mr. GIBBONS]. Mr. Speaker, I urge my back the balance of my time. New York [Mr. GILMAN] and the gen- colleagues to consider his expertise and The SPEAKER pro tempore. The tleman from Alabama [Mr. HILLIARD] the importance of this piece of legisla- question is on the motion offered by each will control 20 minutes. tion, and I urge my colleagues to sup- the gentlewoman from Wyoming [Mrs. The Chair recognizes the gentleman port H.R. 709. from New York [Mr. GILMAN]. CUBIN] that the House suspend the Ms. CHRISTIAN-GREEN. Mr. Speaker, I rules and pass the bill, H.R. 709, as Mr. GILMAN. Mr. Speaker, I yield rise today in support of H.R. 709, the National amended. myself such time as I may consume. Geological Mapping Reauthorization Act of The question was taken; and (two- (Mr. GILMAN asked and was given 1997 and urge my colleagues to support its thirds having voted in favor thereof) permission to revise and extend his re- passage. the rules were suspended and the bill, marks.) I want to begin by commending my col- as amended, was passed. Mr. GILMAN. Mr. Speaker, I want to league, the Gentlewoman from Wyoming, A motion to reconsider was laid on commend the chairman and ranking chair of the Subcommittee on Energy and Min- the table. minority member of the Subcommittee eral Resources, the Honorable BARBARA CUBIN f on Asia and the Pacific for crafting for her leadership in guiding H.R. 709 through House Concurrent Resolution 16, a con- the subcommittee, as well as, the full Re- CONCERNING URGENT NEED TO current resolution concerning the ur- sources Committee and on to the floor of the IMPROVE LIVING STANDARDS OF gent need to improve the living stand- House today. SOUTH ASIANS LIVING IN THE ards of those South Asians living in the I also want to commend the gentleman from GANGES AND BRAHMAPUTRA Ganges and the Brahmaputra River Puerto Rico, the ranking member of the En- RIVER BASIN Basin. ergy and Mineral Resources Subcommittee, Mr. GILMAN. Mr. Speaker, I move to Bangladesh, India, and Nepal all de- the Honorable CARLOS ROMERO-BARCELO for suspend the rules and agree to the con- pend on the Ganges and the Brahma- his leadership on this bill as well. putra Rivers for their vital irrigation Mr. Speaker, H.R. 709 would reauthorize current resolution (H. Con. Res. 16) needs. The recent signing of the 30-year the National Geological Mapping Act of 1992 concerning the urgent need to improve water sharing treaty between India and through the year 2000. It would also amend the living standards of those South Bangladesh and the ratification of the the act to designate that 20 percent of the Asians living in the Ganges and the India-Nepal water resources treaty are total amount appropriated be allocated to the Brahmaputra River Basin, as amended. State component of the program. During the The Clerk read as follows: both historic agreements that will en- markup of H.R. 709 in the subcommittee, my H. CON. RES. 16 able the people in these lands to better plan and utilize their precious re- colleague, Mr. ROMERO offered an amendment Whereas some 400,000,000 people live in to correct an apparent oversight and make the Bangladesh, northern India, and Nepal near sources. Commonwealth of Puerto Rico, Guam, and my the Ganges and Brahmaputra Rivers and Bangladesh’s recent Presidential their tributaries; election gives new hope to the fragile district of the Virgin Islands eligible to partici- Whereas these people comprise the largest pate in the State mapping component of the democracy there, and the water shar- concentration of poor people in the world; ing agreement will help to put it on bill. I then offered an amendment to my col- Whereas this region lacks the resources, league's amendment to make the District of especially the infrastructure, that can pull more solid ground. We commend them Columbia and the Commonwealth of the its residents out of poverty; for their efforts. Northern Mariana Islands also eligible for par- Whereas almost every year flooding by the Mr. Speaker, I support the resolu- ticipation in H.R. 709's program components. Ganges and Brahmaputra Rivers produces tion, and I urge my colleagues to vote death and destruction, sometimes on a vast I want to thank my friend, Mr. ROMERO for for it. scale; offering his amendment on the behalf of those Mr. Speaker, I yield such time as he Whereas during the dry seasons, water sup- may consume to the gentleman from of us from the U.S. non-State areas. To often plies do not meet the needs of the region’s we are overlooked or ignored making actions people, especially farmers; Nebraska [Mr. BEREUTER], the distin- such as his amendment necessary. I also Whereas despite these problems, the region guished chairman of the Subcommittee want to thank Mr. ROMERO and Chairman has great potential for development; on Asia and the Pacific. CUBIN for accepting my amendment to H.R. Whereas Bangladesh, India, and Nepal have Mr. BEREUTER. Mr. Speaker, I 709 as well. recognized for many years that the water re- thank the gentleman for yielding me H.R. 709 is a worthwhile piece of legislation, sources of the region, if properly managed, this time. could contribute greatly to the welfare of House Concurrent Resolution 16 does Mr. Speaker and I urge my colleagues to sup- millions of people in the region; port its enactment. Whereas the Governments of Bangladesh concern the need to improve the living Mrs. CUBIN. Mr. Speaker, I have no and India signed a 30-year agreement on De- standards of those South Asians living further requests for time, and I reserve cember 12, 1996, for the purpose of sharing in the Ganges and the Brahmaputra the balance of my time. the water of the Ganges River; and River Basin. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H837 This bipartisan resolution was intro- the agreement between Bangladesh and area less than one-fifth the size of the duced on February 6, 1997 by this Mem- India on sharing the Ganges River United States but with twice as many ber and cosponsored by the distin- water was signed on December 12, 1996, people. Millions of people who reside in guished gentleman from New York, the not January 13, 1997, as specified in this area suffer from poverty and the chairman of the Committee on Inter- House Concurrent Resolution 16. effects of environment degradation. national Relations, Mr. GILMAN; the Therefore, the date has been changed Yet, the area has great potential in ranking Democrat on the Subcommit- to December 12, 1996. terms of irrigation, fisheries, hydro- tee on Asia and the Pacific, the gen- This Member urges his colleagues to power generation, and navigation. tleman from California, Mr. BERMAN; vote for House Concurrent Resolution The agreements we celebrate today the distinguished gentleman from New 16. with this concurrent resolution begin York, Mr. ACKERMAN; and the distin- b 1530 the process of allowing that potential guished gentleman from California, Mr. to be realized for the benefit of all the Mr. HILLIARD. Mr. Speaker, I yield ROYCE. people in the region, but the people of Other Members have subsequently myself such time as I may consume, these nations need some help and tech- cosponsored this resolution. This Mem- and I rise in strong support of this res- nical assistance. That is why it is im- ber commends the help and cooperation olution. portant for us to encourage the World these Members have demonstrated in Mr. Speaker, I congratulate the gen- Bank, the Asian Development Bank, moving forward on this important tleman from Nebraska for bringing this and the international community in issue. resolution before this body. The prob- general to provide the necessary sup- The Committee on International Re- lem of equitable water sharing among port and encouragement, as this reso- lations unanimously approved this res- the countries of South Asia has long lution does. olution last Thursday and asked it be plagued the region, and in many cases Mr. Speaker, I wanted to say as co- placed on the suspension calendar this prevented the people of the region from chairman of the bipartisan Congres- week. The resolution expresses the enjoying anything beyond a bare mini- sional Caucus on India and Indian- sense of the House of Representatives mum standard of living. In the past few Americans, I have tried to lobby our that there is an urgent need to improve months, however, India, Bangladesh, colleagues here as well as the adminis- the lives of those people of the Ban- and Nepal have reached several water tration to make America’s relations gladesh, India and Nepal countries who sharing and development agreements with India a higher priority. India this live near the Ganges and Brahmaputra that will greatly contribute to the year celebrates the 50th anniversary of Rivers and their tributaries. well-being of hundreds of millions of its independence. It is a democracy, This river basin has the greatest con- their citizens. This enlightened diplo- and the country has for the past 5 centration of poor people in the world, macy should be encouraged generally, years been pursuing a historic policy of greater than any area in Africa, for ex- and really it is the whole purpose of economic reform. This is the second ample. The region has great potential, this resolution. most populous nation on Earth and it but, regrettably, it is beset by natural I thank the gentleman for leading offers huge potential for trade and in- disasters, including flooding during the the fight in this fashion on this resolu- vestment. I am convinced that the cur- monsoon seasons, droughts during the tion, and I urge my colleagues to sup- rent Government of India is committed dry seasons, and occasional cyclones. port it. to this path, as are the Indian people. Members will recall, perhaps, that Mr. Speaker, I yield 3 minutes to the Mr. Speaker, too often the relations during the last Congress this Member gentleman from New Jersey [Mr. between these two democracies, the and the distinguished ranking member, PALLONE]. United States and India, are marred by the gentleman from California, Mr. Mr. PALLONE. Mr. Speaker, I appre- misunderstandings or simply by benign BERMAN, introduced House Concurrent ciate the opportunity to address my neglect. That is why it is important to Resolution 213, which expressed the colleagues on this. I do support the res- send positive signals whenever pos- hope that the countries of that region olution. sible. The resolution that we debate I want to commend also the gen- would work together to relieve the pov- today will send just such a positive sig- erty of the region’s residents, focusing tleman from Nebraska [Mr. BEREUTER], nal that the United States recognizes primarily on the need to address the the chairman of the Subcommittee on the efforts of the South Asian nations critical problems of flooding and Asia and the Pacific, the sponsor of the to foster greater regional cooperation drought. That resolution was favorably resolution. and that we support these efforts. We Mr. Speaker, I recently visited India, reported by the Subcommittee on Asia hope these efforts will be the beginning and I had the opportunity to meet with and the Pacific just before the end of of greater cooperation in South Asia Prime Minister Gowda at the time. In the 104th Congress. and will serve as a model for other de- citing the achievements of his This Member is pleased to say that veloping regions to better utilize their since that action, Bangladesh and India multiparty coalition government, the resources for the benefits of all their have signed a 30-year agreement on Prime Minister mentioned with great people. sharing the waters of the Ganges River. pride the agreement that India signed I want to congratulate again the gen- India and Nepal also have ratified a last December with Bangladesh to tleman from Nebraska [Mr. BEREUTER] treaty that will permit their joint de- share the water resources of one of the and the others that have cosponsored velopment of the Mahakali River water world’s great rivers, the Ganges. While this resolution. resources. These developments are very some critics have questioned whether Mr. BEREUTER. Mr. Speaker, I re- welcome. such a broad coalition with so many di- serve the balance of my time. House Concurrent Resolution 16, verse parties can govern effectively, Mr. HILLIARD. Mr. Speaker, I yield therefore, congratulates the govern- the Prime Minister demonstrated that 3 minutes to the gentleman from ments of Bangladesh, India, and Nepal strong leadership can be brought to American Samoa [Mr. FALEOMAVAEGA]. for these achievements and respect- bear on an issue that literally affects (Mr. FALEOMAVAEGA asked and fully encourages them to continue the lives of hundreds of millions of peo- was given permission to revise and ex- their cooperation, which could do much ple, and the agreement is a tribute to tend his remarks.) to relieve the poverty of those people the leadership of both nations. Mr. FALEOMAVAEGA. Mr. Speaker, living in the Ganges and Brahmaputra Also last year, as was noted, the Gov- I am pleased to support this resolution River Basins. ernments of India and Nepal signed and which congratulates the Governments This resolution also urges the world ratified a treaty enabling the joint de- of India, Bangladesh, and Nepal for community, including the inter- velopment of the water resources of the their diplomacy and cooperation on national financial institutions such as Mahakali River, again a tribute to co- water treaties that will improve the the World Bank and the Asian Develop- operation between neighbors in a part lives of over 400 million people that ment Bank, to provide whatever assist- of the world that has often been more live near the Ganges and the Brahma- ance is appropriate in this effort. marked by conflict. putra River Basins. Mr. Speaker, the Department of Mr. Speaker, the Ganges and the I would commend the gentleman State has informed this Member that Brahmaputra River Basin comprises an from Nebraska [Mr. BEREUTER], the H838 CONGRESSIONAL RECORD — HOUSE March 11, 1997 chairman of the House International The SPEAKER pro tempore. Is there Resolved, That it is the sense of the House Relations Subcommittee on Asia and objection to the request of the gentle- of Representatives that— the Pacific, for introducing this legis- woman from California? (1) the Treaty of Mutual Cooperation and lation. I further would like to com- There was no objection. Security Between the United States of America and Japan remains vital to the se- mend the gentleman from New York The SPEAKER pro tempore. Without curity interests of the United States and [Mr. GILMAN], the full committee objection, the Chair will put the ques- Japan, as well as the countries of the Asia- chairman; the gentleman from Califor- tion de novo when proceedings resume Pacific region; and nia [Mr. BERMAN], the ranking member at 5 p.m. (2) the people of Japan, especially the peo- of the Subcommittee on Asia and the There was no objection. ple of Okinawa, deserve special recognition Pacific; and the gentleman from New f and gratitude for their contributions toward York [Mr. ACKERMAN], and the gen- ensuring the Treaty’s implementation and regional peace and stability. tleman from California [Mr. ROYCE] for SENSE OF HOUSE CONCERNING their support of this measure as origi- TREATY OF MUTUAL COOPERA- The SPEAKER pro tempore. Pursu- nal cosponsors. TION AND SECURITY BETWEEN ant to the rule, the gentleman from Mr. Speaker, this resolution supports UNITED STATES AND JAPAN Nebraska [Mr. BEREUTER] and the gen- the efforts of the Governments of Mr. BEREUTER. Mr. Speaker, I move tleman from Alabama [Mr. HILLIARD] India, Bangladesh, and Nepal over the to suspend the rules and agree to the each will control 20 minutes. past year to cooperate in sharing the resolution (H. Res. 68) stating the sense The Chair recognizes the gentleman waters of the Ganges River, as well as of the House of Representatives that from Nebraska [Mr. BEREUTER]. the joint development of the resources the Treaty of Mutual Cooperation and Mr. BEREUTER. Mr. Speaker, I yield of the Mahakali River. Their efforts in Security Between the United States of myself such time as I may consume. negotiating treaties will help in the fu- America and Japan is essential for fur- (Mr. BEREUTER asked and was ture to control water resources in the thering the security interests of the given permission to revise and extend region, reducing flooding during rains, United States, Japan, and the nations his remarks.) and providing water during droughts. of the Asia-Pacific region, and that the Mr. BEREUTER. Mr. Speaker, this Through this admirable cooperation by people of Okinawa deserve recognition Member rises in strong support of these Governments, it is projected that for their contributions toward ensuring House Resolution 68. This Member deaths and property destruction will be the treaty’s implementation, as commends the distinguished gentleman substantially reduced for the region’s amended. from Indiana [Mr. HAMILTON] for rais- 400 million residents. The Clerk read as follows: ing this issue and bringing us this leg- Mr. Speaker, the resolution further islation. This Member would note that H. RES. 68 urges international financial institu- our good friend from Indiana has con- tions and the world community to as- Whereas the Treaty of Mutual Cooperation sistently been a voice in support of sist the Governments of India, Ban- and Security Between the United States of America and Japan is critical to the security United States security interests, and gladesh, and Nepal in this worthy en- interests of the United States, Japan, and the gentleman’s resolution regarding deavor. the countries of the Asia-Pacific region. the United States-Japan security I strongly endorse this measure that Whereas the security relationship between agreement and the people of Okinawa supports progress to improve the lives the United States and Japan is the founda- is no exception. He is to be congratu- of close to half a billion people in tion for the security strategy of the United lated for his initiative. This Member is South Asia, and certainly would like to States in the Asia-Pacific region; pleased, together with the distin- commend the gentleman from Indiana Whereas strong bilateral security ties be- guished gentleman from California tween the two countries provide a key sta- [Mr. HAMILTON], the senior ranking [Mr. BERMAN], to be an original cospon- member of our Committee on Inter- bilizing influence in an uncertain post-cold war world; sor of H. Res. 68. national Relations, for his full support Whereas this bilateral security relation- Mr. Speaker, the United States- of this legislation. ship makes it possible for the United States Japan alliance is the cornerstone of Mr. HILLIARD. Mr. Speaker, I have and Japan to preserve their interests in the United States security strategy for the no further requests for time, and I Asia-Pacific region; Asia-Pacific region and serves as the yield back the balance of my time. Whereas forward-deployed forces of the anchor for the United States military Mr. BEREUTER. Mr. Speaker, I have United States are welcomed by allies of the presence in the region. Not only do no further requests for time, and I United States in the region because such forces are critical for maintaining stability United States forward based forces in yield back the balance of my time. Japan contribute to Japanese security, The SPEAKER pro tempore (Mr. in East Asia; but these assets are absolutely essen- GOODLATTE). The question is on the Whereas regional stability has undergirded tial for any contingency on the Korean motion offered by the gentleman from East Asia’s economic growth and prosperity; Whereas the recognition by allies of the Peninsula. Our bases on the Japanese New York [Mr. GILMAN] that the House United States of the importance of United mainland and on Okinawa enable us to suspend the rules and agree to the con- States armed forces for security in the Asia- protect and advance our interests current resolution, House Concurrent Pacific region confers on the United States throughout the Pacific. In addition, Resolution 16, as amended. irreplaceable good will and diplomatic influ- elements of these forward-based forces The question was taken. ence in that region; Mr. BEREUTER. Mr. Speaker, on Whereas Japan’s host nation support is a were among the first to arrive in the that I demand the yeas and nays. key element in the ability of the United Persian Gulf during Operation Desert The yeas and nays were ordered. States to maintain forward-deployed forces Shield. The SPEAKER pro tempore. Pursu- in that country; There is no question that American ant to clause 5 of rule I and the Chair’s Whereas the Governments of the United forces in Japan contribute to a sense of prior announcement, further proceed- States and Japan, in the Special Action regional stability. This Member has Committee on Okinawa Final Report issued ings on this motion will be postponed. often commented that all the nations by the United States-Japan Security Con- of Asia, with the possible exception of f sultative Committee established by the two North Korea, welcome the presence of VACATING ORDERING OF YEAS countries, made commitments to reducing the burdens of United States armed forces on United States forces and want us to re- AND NAYS ON HOUSE JOINT the people of Japan, especially the people of main in the region. Indeed, the com- RESOLUTION 32, GRANTING CON- Okinawa; mitment of the Clinton administration SENT TO CERTAIN AMENDMENTS Whereas such commitments must maintain to keep 100,000 troops in Asia has be- ENACTED BY HAWAIIAN LEGIS- the operational capability and readiness of come an important issue psycho- LATURE TO HAWAIIAN HOMES United States forces; and logically with the countries of the re- COMMISSION ACT OF 1920 Whereas gaining the understanding and gion, who look constantly for reassur- support of the people of Japan, especially the Ms. SANCHEZ. Mr. Speaker, I ask people of Okinawa, in fulfilling these com- ance that the United States military unanimous consent that the House va- mitments is crucial to the effective imple- will remain in the region. cate the ordering of the yeas and nays mentation of the Treaty: Now, therefore, be This Member would also note that on House Joint Resolution 32. it the Government of Japan pays the March 11, 1997 CONGRESSIONAL RECORD — HOUSE H839 overwhelming majority of expenses of Mr. Speaker, I yield 3 minutes to the and commerce in the region and pro- forward basing of American troops in gentleman from American Samoa [Mr. vides further advancements in the Japan. In what is a model basing agree- FALEOMAVAEGA]. peaceful relations of all peoples of the ment, the Japanese pay approximately Mr. FALEOMAVAEGA. I thank my Asia and the Pacific region. 75 percent of our basing costs. Frankly, good friend for yielding me this time. The security of the Asia-Pacific re- even considering all direct and indirect Mr. Speaker, I am pleased to be a co- gion is of vital interest to the United costs, it is cheaper to keep our troops sponsor of this resolution which reaf- States, and no community of the Unit- in Japan than it is to base them in the firms that the security treaty between ed States is more acutely aware of this United States. As House Resolution 68 the United States and Japan remains than Guam, my home island. In the notes, we would not be able to main- the anchor of American engagement post-cold war environment U.S. for- tain such a vigorous presence in the and the foundation for regional stabil- ward deployed forces have been wel- Pacific were it not for the host nation’s ity in the Asia-Pacific region. comed by our allies in the theater. This support provided by the Japanese. I would commend the gentleman forward deployment is made possible Mr. Speaker, House Resolution 68 of- from Indiana [Mr. HAMILTON], the rank- by the special friendship shared be- fers special recognition of the impor- ing member of the Committee on Inter- tween the United States and Japan tance of the United States-Japan Trea- national Relations, for introducing this that is signified by the Treaty of Mu- ty of Mutual Cooperation and Security. excellent piece of legislation. I would tual Cooperation. In the coming years, The resolution also takes note of the further commend the gentleman from as our friendship with Japan continues, contribution of the people of Okinawa, New York [Mr. GILMAN], the full com- let us not just focus on the numerical who have been expected to bear a dis- mittee chairman; the gentleman from commitment of 100,000 troops to the re- proportionate share of the burden of Nebraska [Mr. BEREUTER], chairman of gion, but ensure that the United States hosting our troops. This is a good and the Subcommittee on Asia and the Pa- maintains its capabilities in the chang- useful resolution, Mr. Speaker, and cific; and the gentleman from Califor- ing Asian Pacific region. this Member urges approval of House nia [Mr. BERMAN], the ranking member The United States commitment to Resolution 68. of the Subcommittee on Asia and the the Asia-Pacific region has required Mr. Speaker, I reserve the balance of Pacific, for their strong support and sacrifices from many people, sacrifices my time. work on this measure. by our soldiers, our sailors, our airmen Mr. HILLIARD. Mr. Speaker, I yield Mr. Speaker, House Resolution 68 and marines who defend our Nation’s myself such time as I may consume, sends the message that although the interests in the region; also the con- and I rise in support of this resolution. cold war era has ended, the security al- tributions by the people of Japan and, Mr. Speaker, I also want to thank liance between the United States and most importantly, the people of Oki- the gentleman from California [Mr. Japan remains more critical than nawa. Okinawa has continued to play a pivotal role in ensuring the security BERMAN] and the gentleman from Ne- ever—and is in the best interests of environment of the region. This com- braska [Mr. BEREUTER], the ranking both countries as well as the nations of member and chairman, respectively, of the Asia-Pacific region. munity has contributed much, and this the Subcommittee on Asia and the Pa- Mr. Speaker, this measure under- resolution extends to them our sincere cific, as well as the gentleman from scores the important role that United appreciation. States Armed Forces deployed in Japan During my recent visit to Okinawa, I New York [Mr. GILMAN], the chairman of the committee, for the help and and the Pacific have played in ensuring saw firsthand some of the concerns leadership they have all extended in peace, that our allies have welcomed they face supporting a large contingent moving this resolution to the floor. our presence, and that the regional sta- of U.S. forces. Even after the Special Action Committee on Okinawa recog- Former Ambassador Mike Mansfield, bility provided by our forces have ma- nized the need to reduce the presence who called the relationship between terially contributed to Asia’s tremen- of United States Armed Forces on the United States and Japan the most dous growth and economic prosperity. Japan, our commitment to the people important bilateral relationship in the b 1545 of Okinawa’s concerns cannot and world, bar none, would love to see this The resolution further recognizes, should not be lessened. The people of moved. Our bilateral alliance has en- Mr. Speaker, the vital contributions of Guam have a distinct understanding of dured and remains strong because the Japan as the host nation. I find it very their concerns, and to them as well as United States and Japan are united not appropriate that the people of Oki- the people of Japan we express our sin- by a common enemy but by a common nawa, who have borne the heaviest bur- cere appreciation. interest. den in supporting the American bases, Mr. HILLIARD. Mr. Speaker, I yield In December 1996 the United States are honored by this measure through 2 minutes to the gentleman from Mas- and Japan agreed to measures to renew special recognition and thanks for sachusetts [Mr. FRANK]. and strengthen our security relation- their sacrifices and invaluable con- Mr. FRANK of Massachusetts. Mr. ship. In particular, our two Govern- tributions. Speaker, I am not going to push this to ments agreed to lessen the burden Mr. Speaker, I would urge my col- the point of a vote, but I want to ex- borne by the people of Okinawa whose leagues to adopt this excellent resolu- press my disagreement with the resolu- small island prefecture hosts over half tion which supports the United States- tion. I am sorry to spoil the good of the forward-deployed United States Japan security alliance, thereby fur- cheer, and I admire the people of Oki- forces in Japan. thering peace and stability for all nawa, but I think we should make it This is the right moment to restate throughout the Asian Pacific region. very clear that there is considerable the fundamental importance of the Mr. HILLIARD. Mr. Speaker, I yield unhappiness in the United States and United States-Japan Mutual Security 3 minutes to the gentleman from Guam here in the Congress with the one-sid- Treaty to the peace and prosperity of [Mr. UNDERWOOD]. edness of this relationship, particularly the entire Asia-Pacific region. It is (Mr. UNDERWOOD asked and was financially. also the right time to recognize the given permission to revise and extend Mr. Speaker, I insert into the RECORD contribution of the people of Okinawa his remarks.) an article, from which I want to read toward ensuring regional peace and se- Mr. UNDERWOOD. Mr. Speaker, I briefly. curity. rise today in support of House Resolu- The article referred to is as follows: My Republican colleague, Senator tion 68. [From the New York Times, Feb. 15, 1997] WILLIAM ROTH, has introduced an iden- The Treaty of Mutual Cooperation JAPAN HESITANT ABOUT U.S. ANTIMISSILE tical measure in the other body. This is and Security between the United PROJECT a bipartisan effort. Our relationship States and Japan is the framework (By Clifford Krauss) with Japan is crucially important. For that supports our commitment to the WASHINGTON, Feb. 14—After three years of this reason and the others I have men- Asia-Pacific region. The Japanese- exploratory talks, Administration officials tioned, I urge the adoption of this reso- American relationship provides the say Japan has all but decided against taking lution. stable conditions which promote trade part in an antimissile defense project with H840 CONGRESSIONAL RECORD — HOUSE March 11, 1997 the United States for fear of offending China Given the pacifist strain that runs through The worst of it is the article then and overspending scarce military resources. the Japanese electorate, American officials concludes in relevant part: ‘‘Adminis- Tokyo’s hesitation stems from reluctance said, Prime Minister Hashimoto and other tration officials say a decision by to spend billions of dollars when its own members of the political elite cannot be ex- economy is weak, and concerns that develop- pected to commit themselves to any such Tokyo not to take part would not hurt ing a missile system would anger Japan’s program without a thorough debate in Par- its relations with Washington.’’ deeply pacifist electorate and frighten Asian liament. And there is no sign, they said, that Well, I have to say that maybe it neighbors wary of any signs of a Japanese Parliament will take up the issue any time does not hurt relations with the admin- military buildup. soon. istration, but the administration is A decision not to join the project would be The Pentagon has proposed at least four wrong to say so. The notion that the a setback to American military contractors antimissile options for deployment by 2004, American taxpayer, and we are going that hope to supply Japan with hardware. including enhanced Patriot surface-to-air And it could swell United States military missiles designed to intercept low-altitude to balance the budget, and we are going budgets for Asia because the United States missiles and Thaad antiballistic systems for to be making cuts in education and en- would have to bear the cost of such a system high-altitude interceptions. American offi- vironment and housing and health care alone. cials have also discussed the possibility of and very important domestic programs Senior Administration officials said that sharing with Japan early-warning data from so that we can spend billions of dollars no Japanese decision would be announced for satellites that are now being developed to de- to build an antimissile system in Japan months and that the United States would tect infrared radiation at the time of a to protect American troops that are in press ahead with its own plans to develop launching. antimissile systems to protect American ‘‘Our interest is that we would like to see Japan to help Japan, and the Japanese forces in Japan from any North Korean or American troops in Japan protected from tell us they cannot afford to do it be- Chinese attack. ballistic missile attacks,’’ said Joseph Nye, a cause they do not have enough money; The feasibility of an effective antimissile former Assistant Secretary of Defense, who they have got budget problems. shield is still a matter of debate, but Penta- is dean of the Kennedy School of Govern- We have got to put an end to the one- gon officials say the Patriot missiles, which ment at Harvard University. ‘‘But Japan is sidedness and subsidy of the Japanese displayed a mixed record during the Persian very sensitive to the political repercussions nation. Gulf war, have been updated and improved in in China and North Korea.’’ recent years. Many American military experts still say Mr. HILLIARD. Mr. Speaker, I yield Administration officials also say a decision Japan will eventually join the project, but back the balance of my time. by Tokyo not to take part would not hurt its perhaps not for another five years or more. Mr. BEREUTER. Mr. Speaker, I yield relations with Washington. ‘‘These things take time,’’ said John M. myself such time as I may consume. Discussions on how to pool technology, en- Deutch, the Director of Central Intelligence, In light of what the gentleman from gineering talent and money to set up a ‘‘the- who pushed for a joint project when he Massachusetts [Mr. FRANK] has just ater missile defense’’ began shortly after served as a senior Defense Department offi- said, I would remind my colleagues North Korea test-fired a Rodong 1 missile 300 cial in the early 1990’s. ‘‘Inevitably, the Jap- miles into the Sea of Japan in 1993. A mid- anese Government will see that it needs to that American military might, 100,000 dle-level working group of Japanese and be concerned with antimissile defense.’’ personnel, a little bit less than that at American defense planners has met nine Despite the setback, Administration offi- the moment, are in the Asia-Pacific re- times to discuss regional threats, deploy- cials say they are committed to building or gion because of our national interests. ment timetables and various types of land- upgrading regional antimissile systems to If we maintain a security balance in and sea-based antiballistic weaponry. protect American troops in all potentially the region, it is far less likely that Japan has been wary of the project ever hazardous regions, including Saudi Arabia, since the Clinton Administration first American troops will ever have to be Kuwait and South Korea. The Administra- wounded and die in that part of the broached the idea in October 1993. But Amer- tion’s proposed $265 billion military budget ican hopes were raised after Japan allocated for 1998 calls for a 3 percent cut in spending world in the future. $2.7 million in its 1996 budget to study build- from the 1997 budget, but it adds $320 million Make no mistake about it. Our forces ing an antimissile system, 20 times what for antimissile systems. are located in Okinawa and elsewhere Tokyo spent the year before on the project. ‘‘The goal is to develop, procure and deploy because it is in our national interests American officials were also encouraged systems that can protect forward-deployed to have them there. when President Clinton and Prime Minister U.S. forces, as well as allied and friendly na- Ryutaro Hashimoto met in Tokyo last April Mr. ABERCROMBIE. Mr. Speaker, I rise tions, from theater-range ballistic missiles,’’ today in strong support of the resolution spon- and promised to broaden their military alli- Secretary of Defense William S. Cohen said ance. this week while testifying on the budget be- sored by my colleague, Mr. HAMILTON. I com- A Japanese Foreign Ministry official said fore Congress. ‘‘These programs are struc- mend him for his efforts to draw attention to the group would continue meeting until the tured to proceed at the fastest pace that the significance of the Asia-Pacific region. summer, after which time Tokyo would de- technology will allow.’’ This resolution highlights the unique and im- cide what role to play. ‘‘At this moment, we New York Times, February 14: portant relationship between the United States have not made any decision and we cannot and Japan. It also addresses the important predict or prejudge any result or conclu- Japan has all but decided against taking sion,’’ he said. part in an antimissile defense project with role that the people of Okinawa have played But after a meeting in Tokyo last week- the United States for fear of offending China in ensuring peace and stability in the region. end, senior American officials have con- and overspending scarce military resources. The significance of the Asia-Pacific region cluded that Japan is simply not ready to Needless to say, the scarce military will continue to grow in the 21st century. As pursue a project that could cost them as resources they are afraid of overspend- we continue to review the defense treaty be- much as $10 billion a year—more than one- ing are theirs. They are quite willing tween the United States and Japan, it is im- fourth of Japan’s current $35 billion military to spend ours. portant that the people of Japan know that we budget—for four or five years. They said the project has a few powerful supporters in Ja- As the article points out this ‘‘could are committed to the long-term stability of the pan’s military establishment, but is opposed swell United States military budgets region. The United States-Japan relationship by many in the Foreign Ministry and by for Asia because the United States remains the cornerstone of our engagement in most of the nation’s top economic officials. would have to bear the cost of such a the region. ‘‘Japan is financially constrained, and they system alone.’’ As a nation, we must continue to strengthen don’t have the strategic consensus,’’ said a And where is this system going to go our ties with Japan. In Hawaii, the stability of senior Pentagon official involved in making if the Japanese do not want to pay for our economy is tied to the stability of the re- Japan policy. ‘‘Japan is most nervous about it? Then we are going to have to pay gion and largely to Japan. The people of Ha- China, even through they talk about North Korea. A decision to build this would be per- for it in Japan. This is a system that waii have developed broadbased ties with ceived by the Chinese to be a blatant act. So we are going to install in Japan to pro- Japan, to include a strong relationship with the I’m sure Japan will not go down this line.’’ tect American soldiers that are in Prefecture of Okinawa. Another Administration official, who Japan, in part to protect Japan from As a result of these ties, the people of Ha- noted that China has repeatedly warned North Korea or China, but the Japa- waii continue to be concerned about the land Japan that it would view deployment of an nese do not want to offend North Korea issues being addressed in Okinawa with re- antimissile system as a hostile act, added, or China; they want us to be over there gard to basing of United States military forces. ‘‘This is not something that will happen any- to offend North Korea and China pre- time soon.’’ Unfortunately, it took the rape of a 12-year-old The Chinese have argued that a Japanese sumably, and they do not want to school girl in 1995 to turn the attention of the antimissile program would undermine re- spend their money because they have world toward the issues raised in Okinawa gional arms-control efforts. budget problems. with respect to their land use concerns. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H841 Today, we are making steady progress on its reversion to the People’s Republic of (6) The United States-Hong Kong Policy these very sensitive issues which need to be China on July 1, 1997, and to outline cir- Act of 1992 sets forth United States policy resolved between the Okinawa Prefecture and cumstances under which the President of the concerning Hong Kong’s reversion to the United States could modify the application People’s Republic of China on July 1, 1997, the Government of Japan. of United States laws with respect to Hong and Hong Kong’s special status as a Special It is no exaggeration to say that Okinawa's Kong if the People’s Republic of China fails Administrative Region of that country. It people view their homeland as occupied terri- to honor its commitment to give the Special ensures the continuity of United States laws tory. They see the overwhelming presence of Administrative Region of Hong Kong a high regarding Hong Kong while establishing a United States military forces there as con- degree of autonomy. mechanism in section 202 of that Act where- firmation and they remain the poorest prefec- SEC. 3. FINDINGS. by the President can modify the application ture in Japan. The Congress makes the following findings: of United States laws with respect to Hong Kong if the President ‘‘determines that Hong Some 50 years after the end of World War (1) The Joint Declaration of the Govern- ment of the United Kingdom of Great Britain Kong is not sufficiently autonomous to jus- II in the Pacific, Okinawa is the only unre- tify treatment under a particular law of the solved residual issue of any significance be- and Northern Ireland and the Government of the People’s Republic of China on the Ques- United States, or any provision thereof, dif- tween Japan and the United States. The peo- tion of Hong Kong, done at Beijing on De- ferent from that accorded the People’s Re- public of China’’. ple of Okinawa are the least culpable of all cember 19, 1984, is a binding international (7) One of the principal purposes of the those thrust into World War II. For centuries agreement which sets forth the commit- Congress in enacting the United States Hong past, they have been known in the region for ments made by both governments on the re- Kong Policy Act of 1992 was to maintain version of Hong Kong to the People’s Repub- promoting peace. They are friendly to the in- Hong Kong’s autonomy by ensuring that the lic of China on July 1, 1997. terests and people of the United States. Yet United States will continue to treat Hong (2) The People’s Republic of China in the they bear the most burden generations later. Kong as a distinct legal entity, separate and Joint Declaration pledges, among other They have given up a great deal in terms of apart from the People’s Republic of China, things, that ‘‘the Hong Kong Special Admin- for all purposes, in those areas in which the economic prosperity and deserve to be recog- istrative Region will enjoy a high degree of nized for their contributions toward ensuring People’s Republic of China has agreed that autonomy, except in foreign and defence af- Hong Kong will continue to enjoy a high de- the treaty's implementation and regional peace fairs .. .,’’ that basic human rights and free- and security. gree of autonomy, unless the President doms ‘‘will be ensured by law . . .,’’ and that makes a determination under section 202 of Mr. BEREUTER. Mr. Speaker, I yield ‘‘[t]he legislature of the Hong Kong Special that Act. back the balance of my time. Administrative Region shall be constituted (8) Although the United States Govern- The SPEAKER pro tempore. The by elections.’’. ment can have an impact on ensuring the fu- question is on the motion offered by (3) Senior government officials of the Peo- ture autonomy of the Hong Kong Govern- ple’s Republic of China have repeatedly as- the gentleman from Nebraska [Mr. BE- ment and in protecting the well-being of the sured a smooth transfer of Hong Kong to Chi- Hong Kong people, ultimately the future of REUTER] that the House suspend the nese sovereignty, a successful implementa- rules and agree to the resolution Hong Kong will be determined by the will- tion of the ‘‘one country, two systems’’ pol- ingness of the Government of the People’s (H.Res. 68), as amended. icy, long-term prosperity for Hong Kong, and Republic of China to maintain the freedoms The question was taken. continued respect for the basic rights of the now enjoyed by the people of Hong Kong and Ms. SANCHEZ. Mr. Speaker, on that Hong Kong people. to rely on the people of Hong Kong to govern I demand the yeas and nays. (4) Despite general assertions guaranteeing themselves. The yeas and nays were ordered. the autonomous governance of Hong Kong, SEC. 4. CONGRESSIONAL DECLARATIONS. The SPEAKER pro tempore. Pursu- several official acts and statements by sen- The Congress makes the following declara- ior officials of the Government of the Peo- tions: ant to clause 5 of rule I and the Chair’s ple’s Republic of China reflect an attempt to prior announcement, further proceed- (1) Recognizing that the United States infringe upon the current and future levels of Government and the Hong Kong Government ings on this motion will be postponed. autonomy in Hong Kong. These acts or state- have long enjoyed a close and beneficial f ments include, but are not limited to— working relationship, for example between (A) initial proposals, which were later the United States Customs Service, the Fed- GENERAL LEAVE withdrawn, by officials of the Government of eral Bureau of Investigation, the Drug En- Mr. BEREUTER. Mr. Speaker, I ask the People’s Republic of China to obtain con- forcement Administration, the Immigration fidential files on civil servants of the Hong and Naturalization Service, the Secret Serv- unanimous consent that all Members Kong Government or require such civil serv- may have 5 legislative days within ice, and their corresponding agencies of the ants to take ‘‘loyalty oaths’’; Hong Kong Government, the United States which to revise and extend their re- (B) the decision of the Government of the urges the two governments to continue their marks on the resolution just consid- People’s Republic of China to dissolve the effective cooperation. ered and also on House Concurrent Res- democratically elected Legislative Council (2) Recognizing that the preservation of olution 16. on July 1, 1997, and the appointment of a pro- Hong Kong’s autonomous customs territory The SPEAKER pro tempore. Is there visional legislature in December of 1996; has important security and commercial im- objection to the request of the gen- (C) the delineation by officials concerning plications for the United States and the peo- the types of speech and association which tleman from Nebraska? ple of Hong Kong, the United States calls will be permitted by the Government of the upon the People’s Republic of China to fully There was no objection. People’s Republic of China after the rever- respect the autonomy of the Hong Kong cus- f sion; toms territory. (D) initial warnings, which were later (3) Recognizing that Hong Kong has his- HONG KONG REVERSION ACT withdrawn, to religious institutions not to torically been an important port of call for Mr. BEREUTER. Mr. Speaker, I move hold certain gatherings after the reversion; United States naval vessels, the United to suspend the rules and pass the bill and States urges the Government of the People’s (H.R. 750) to support the autonomous (E) the decision on February 23, 1997, of the Republic of China to consider in a timely and Standing Committee of the National Peo- routine manner United States requests for governance of Hong Kong after its re- ple’s Congress of the People’s Republic of port calls at Hong Kong. version to the People’s Republic of China to repeal or amend certain Hong Kong (4) Recognizing that Hong Kong enjoys a China, as amended. ordinances, including the Bill of Rights Ordi- robust and professional free press with im- The Clerk read as follows: nance, the Societies Ordinance of 1992 (relat- portant guarantees on the freedom of infor- H.R. 750 ing to freedom of association), and the Pub- mation, the United States declares that a lic Order Ordinance of 1995 (relating to free- free press and access to information are fun- Be it enacted by the Senate and House of Rep- dom of assembly). damentally important to the economic and resentatives of the United States of America in (5) The reversion of Hong Kong to the Peo- commercial success of Hong Kong and calls Congress assembled, ple’s Republic of China has important impli- upon the Government of the People’s Repub- SECTION 1. SHORT TITLE. cations for both United States national in- lic of China to fully respect these essential This Act may be cited as the ‘‘Hong Kong terests and the interests of the Hong Kong rights of the Hong Kong people. Reversion Act’’. people. The United States Government has a (5) Recognizing that the first fully demo- SEC. 2. STATEMENT OF PURPOSE. responsibility to ensure that United States cratic elections of a legislature in Hong The purpose of this Act is to support the interests are protected during and after this Kong took place in 1995, following nearly 150 autonomous governance of Hong Kong and transition, and it has a profound interest in years of colonial rule, the United States rec- the future well-being of the Hong Kong peo- ensuring that basic and fundamental human ognizes that the Joint Declaration of 1984 re- ple by ensuring the continuity of United rights of the Hong Kong people are also pro- quires that the Special Administrative Re- States laws with respect to Hong Kong after tected. gion legislature ‘‘shall be constituted by H842 CONGRESSIONAL RECORD — HOUSE March 11, 1997 elections’’, declares that the failure to have parable to that provided for in the consular tions, done at Washington, D.C. on April 21, an elected legislature would be a violation of convention between the United States and 1994, to the Hong Kong Economic and Trade the Joint Declaration of 1984, and calls upon the People’s Republic of China. Offices. the Government of the People’s Republic of (D) An agreement to preserve the United (c) DEFINITION.—The term ‘‘Hong Kong China to honor its treaty obligations. States consulate, with privileges and immu- Economic and Trade Offices’’ refers to Hong (6) Recognizing that the United Kingdom nities for United States personnel. Kong’s official economic and trade missions belatedly reformed Hong Kong laws with re- (E) A mutual legal assistance agreement. in the United States. spect to the civil rights of the Hong Kong (F) A prison transfer agreement. The SPEAKER pro tempore. Pursu- people, the Hong Kong people have neverthe- (G) A civil aviation agreement. ant to the rule, the gentleman from less long enjoyed essential rights and free- (2) CONTINUED COOPERATION FROM THE AGEN- Nebraska [Mr. BEREUTER] and the gen- doms as enumerated in the Universal Dec- CIES OF THE HONG KONG GOVERNMENT.—An as- tleman from Alabama [Mr. HILLIARD] laration of Human Rights; therefore, the sessment by the Secretary of State of wheth- United States declares that the decision of er agencies of the Hong Kong Government each will control 20 minutes. the National People’s Congress to repeal or continue to cooperate with United States The Chair recognizes the gentleman amend certain ordinances is a serious threat Government agencies. The Secretary of from Nebraska [Mr. BEREUTER]. to the Hong Kong people’s continued enjoy- State shall cite in the report any evidence of (Mr. BEREUTER asked and was ment of their freedom of association, speech, diminished cooperation in the areas of cus- given permission to revise and extend and other essential human rights, unless toms enforcement, drug interdiction, and his remarks.) those rights are reestablished no later than prosecution and prevention of money laun- Mr. BEREUTER. Mr. Speaker, I yield July 1, 1997, and calls upon the National Peo- dering, counterfeiting, credit card fraud, and myself such time as I may consume. ple’s Congress to reconsider its decision. organized crime. Mr. Speaker, the purpose of this leg- (7) Recognizing that under the terms of the (3) PRESERVATION OF GOOD GOVERNANCE AND islation, H.R. 750, is to support the au- Joint Declaration of 1984 the provisions of RULE OF LAW IN HONG KONG.—An assessment tonomous governance of Hong Kong the International Covenant on Civil and Po- by the Secretary of State of whether the litical Rights will continue to apply in Hong Hong Kong Government remains autono- and the future well-being of the Hong Kong, the United States welcomes the public mous and relatively free of corruption and Kong people. This bipartisan legisla- statement by the Chief Executive-designate whether the rule of law is respected in Hong tion was introduced by this Member on of Hong Kong that the legislation which will Kong. The Secretary of State shall cite in February 13, 1997, and unanimously ap- replace repealed or amended sections of the the report any— proved last week by the House Com- Societies Ordinance and Public Order Ordi- (A) efforts to annul or curtail the applica- mittee on International Relations. It nance will be the subject of public consulta- tion of the Bill of Rights of Hong Kong; has been approved for consideration tion, and urges that the new legislation (B) efforts to prosecute for violations of, or under the suspension calendar of should reflect both the clearly expressed broaden the application of, laws against wishes of the people of Hong Kong and the treason, secession, sedition, and subversion; course. That is why it is here today. provisions of the International Covenant on (C) acts or threats against nonviolent civil This bipartisan bill has a long list of Civil and Political Rights. disobedience; cosponsors, including as original co- (8) Recognizing that Hong Kong currently (D) interference in the autonomy of the sponsor the distinguished gentleman maintains an efficient capitalist economy chief executive, the civil service, the judici- from New York [Mr. GILMAN], chair- and trade system by strictly adhering to the ary, or the police; man of the Committee on International rule of law, by honoring the sanctity of con- (E) increased corruption in the Hong Kong Relations, with a long and distin- tract, and by operating without corruption Government; and guished record as a leader in promoting and with minimum and transparent regula- (F) efforts to suppress freedom of the press democracy and human rights. His con- tion, the United States calls upon the Gov- or restrict the free flow of information. tributions and amendment have great- ernment of the People’s Republic of China to (4) PRESERVATION OF THE AUTONOMY OF THE fully respect the autonomy and independence CUSTOMS TERRITORY OF HONG KONG.—An as- ly strengthened this legislation. In ad- of the chief executive, the civil service, the sessment by the Secretary of State of wheth- dition, both the distinguished gen- judiciary, the police of Hong Kong, and the er the customs territory of Hong Kong is ad- tleman from Indiana [Mr. HAMILTON], Independent Commission Against Corrup- ministered in an autonomous manner. The the ranking Democrat on the House tion. Secretary of State shall cite in the report Committee on International Relations, SEC. 5. PRESIDENTIAL DETERMINATION UNDER any— and the distinguished gentleman from SECTION 202 OF THE UNITED (A) failure to respect United States textile California [Mr. BERMAN], the ranking STATES-HONG KONG POLICY ACT OF laws and quotas; 1992 AND ADDITIONAL REPORTING (B) failure to enforce United States export Democrat on the Subcommittee on REQUIREMENTS. control laws or export license requirements; Asia and the Pacific, are also original (a) IN GENERAL.—In determining whether (C) unauthorized diversions from Hong cosponsors. Other original cosponsors ‘‘Hong Kong is not sufficiently autonomous Kong of high technology exports from the include the distinguished gentleman to justify treatment under a particular law United States to Hong Kong; of the United States, or any provision there- from New York [Mr. SOLOMON], the dis- (D) unprecedented diversion of Chinese ex- of, different from that accorded the People’s tinguished gentleman from Nebraska ports through Hong Kong in order to attain Republic of China,’’ as required by section [Mr. BARRETT], the distinguished gen- preferential treatment in United States mar- 202(a) of the United States-Hong Kong Policy tleman from California [Mr. DREIER], kets; and Act of 1992, the President of the United (E) misuse of the customs territory of the distinguished gentleman from States, based upon the assessments made Hong Kong to implement the foreign policy American Samoa [Mr. FALEOMAVAEGA], pursuant to subsection (b) of this section, as the distinguished gentleman from Ari- well as other information included in the re- or trade goals of the Government of the Peo- zona [Mr. SALMON], the distinguished ports submitted under section 301 of the ple’s Republic of China. United States-Hong Kong Policy Act of 1992, SEC. 6. EXTENSION OF CERTAIN PRIVILEGES, EX- gentleman from California [Mr. COX], shall consider the performance of the Hong EMPTIONS, AND IMMUNITIES TO and the distinguished gentleman from HONG KONG ECONOMIC AND TRADE Kong Government and the actions of the OFFICES. Arizona [Mr. KOLBE]. Other distin- Government of the People’s Republic of (a) APPLICATION OF INTERNATIONAL ORGANI- guished Members have added their China. ZATIONS IMMUNITIES ACT.—The provisions of names subsequently, including two (b) REQUIREMENTS FOR REPORTS TO CON- the International Organizations Immunities gentleman we will hear from, the gen- GRESS.—The Secretary of State shall include, Act (22 U.S.C. 288 et seq.) may be extended to in each report required by section 301 of the tleman from California [Mr. CAMPBELL] the Hong Kong Economic and Trade Offices and the gentleman from Illinois [Mr. United States-Hong Kong Policy Act of 1992, in the same manner, to the same extent, and the following: subject to the same conditions as such provi- PORTER]. (1) SUCCESSFUL AND TIMELY CONCLUSION OF sions may be extended to a public inter- Mr. Speaker, it is important that we AGREEMENTS AND TREATIES.—An assessment national organization in which the United consider and approve this legislation by the Secretary of State of whether the States participates pursuant to any treaty quickly because in less than 5 months Hong Kong Government or the People’s Re- or under the authority of any Act of Con- the British rule ends and Hong Kong public of China, or both, as the case may be, gress authorizing such participation or mak- will become a special administrative have cooperated with the United States Gov- ing an appropriation for such participation. region of China. Nobody knows exactly ernment in securing the following agree- (b) APPLICATION OF INTERNATIONAL AGREE- what will happen in Hong Kong on that ments or treaties: MENT ON CERTAIN STATE AND LOCAL TAX- (A) A bilateral investment treaty. ATION.—The President is authorized to apply night or the days, months and years (B) An extradition treaty. the provisions of Article I of the Agreement thereafter. (C) An agreement on consular access in on State and Local Taxation of Foreign Em- This reversion is unprecedented in its Hong Kong for United States citizens com- ployees of Public International Organiza- complexity. Hong Kong, one of the March 11, 1997 CONGRESSIONAL RECORD — HOUSE H843 world’s most efficient economies, will whether to maintain current U.S. rela- Hong Kong retains its special treat- become part of an emerging giant that tions with Hong Kong. ment as a place unique and separate has yet to integrate itself fully into In light of these facts and the impor- from the mainland in many ways, and the world economy and which has only tance of this legislation, this Member that the laws of the United States re- begun to experiment with democracy urges his colleagues to vote for the flect our desire to maintain a distinct at the village level. Hong Kong Reversion Act, H.R. 750. relationship with Hong Kong. There- The United Kingdom and the People’s Mr. Speaker, I reserve the balance of fore, it has my very strong support. Republic of China have largely agreed my time. The return of Hong Kong, the world’s on the basic rules for Hong Kong’s re- Mr. HILLIARD. Mr. Speaker, I yield freest economy, to the jurisdiction of version in the Sino-British Joint Dec- myself such time as I may consume. the People’s Republic of China and the laration of 1984. For its part China has Mr. Speaker, I rise in strong support events leading up to it will have a agreed to grant Hong Kong more au- of this bill, and I want to commend the major impact on United States-China tonomy, more autonomy than inter- gentleman from Nebraska [Mr. BEREU- relations. Whether this impact will be national law requires. In Hong Kong’s TER] for his leadership in bringing the positive or negative remains to be seen. constitution, the Basic Law of 1989, the bill before this body. What is clear is that the United States National People’s Congress unveiled a It is no secret that many Members is well positioned to play a role in se- ‘‘one country two systems’’ arrange- are concerned about what lies in store curing a favorable outcome. ment for 50 years. During that time for Hong Kong after China regains sov- Members of the business community, Hong Kong is supposed to enjoy a high ereignty on June 30 of this year. This both here and in Hong Kong, have, by degree of autonomy except in the areas legislation is intended to alert the PRC and large, remained optimistic that of foreign affairs and defense. to these concerns and to put the lead- they will be able to continue to operate It is rumored that more than 7,000 ers in Beijing on notice that the Mem- in Hong Kong as they have in the past. journalists from around the world will bers of Congress care deeply about the This optimism stems from the fact be on hand at midnight on June 30, well-being of the people of Hong Kong. that the island’s free market and legal 1997, to witness the official handover. This is not meant as a threat but a institutions foster economic growth In large part the attention focused on statement of political reality. If Amer- and opportunity, and the maintaining Hong Kong by the international press icans come to believe that China is of this atmosphere is in China’s best has been fueled by misguided efforts by subverting the freedom Hong Kong peo- interest. Given the dramatic opening of the the Chinese Government to disband the ple currently enjoy, then it will be mainland economy in recent years and current legislative council and replace more difficult in maintaining the pub- the benefits that have followed, I be- it with a provisional legislature, to lic and congressional support for recent lieve that the business community is alter civil rights protections in Hong and decent relations with China. Kong, and to improperly influence the correct in thinking that China values b 1600 the economic freedom of Hong Kong extremely efficient civil service there. and will try to preserve it. Clearly, these actions must not go un- If, on the other hand, the transition in Hong Kong goes smoothly and the Unfortunately, I am afraid that the noticed by the international commu- Chinese Government does not fully ap- nity and by the United States Govern- people of Hong Kong are permitted to retain their current freedoms, then I preciate that preserving Hong Kong’s ment. market economy requires that they Therefore, today we are considering am confident that the public and the also preserve personal liberty and the the Hong Kong Reversion Act, H.R. 750, Members of Congress will continue to rule of law. It is clear that the fate of to object to these troubling proposals support a policy of engagement with United States interests in Hong Kong and developments and to express and China. is inexorably linked to the democrats, act to protect the United States’ na- This bill is our way of saying to to the journalists, to the Chinese dis- tional interests in Hong Kong. Most China, if you value your relationship with the United States, then respect sidents, to the religious minorities and importantly, this legislation is abso- others whose rights will be threatened the rights and liberties of the Hong lutely clear in demanding that the Peo- if Hong Kong is governed with the Kong people. This bill also makes some ple’s Republic of China fully respect same heavy hand as the mainland. the autonomy that it has promised useful changes regarding the report on The United States must pursue a pol- Hong Kong in the Joint Declaration of Hong Kong the Secretary of State peri- icy which respects the primacy of the 1984. odically submits to Congress and the joint declaration as the document Despite the overwhelming attention legal arrangement that will govern which governs the transition, a policy to the important issues of the legisla- Hong Kong diplomatic representatives which recognizes the peculiar tensions tive council and civil rights of Hong in the United States after June 30. of our own relationship with the awak- Kong, American foreign policy makers The administration supports this ening power of China, and the policy must also be concerned about more bill. Indeed, the State Department spe- which clearly enunciates the values of mundane traditional and transition is- cifically asked for the authority grant- democracy, individual liberties, mar- sues which affect fundamental United ed in section 6 regarding privileges and ketplace opportunity, and the rule of States interests. For example, negotia- immunities. I support this bill, and I law, and makes clear our intention to tions are currently underway between ask my colleagues to do the same. standup for these values in Hong Kong. the United States and Hong Kong and Mr. Speaker, I reserve the balance of This is a difficult task but not an im- the United States and China over a my time. possible one. It is a task we must ac- myriad of technical issues, including Mr. BEREUTER. Mr. Speaker, I yield complish if we are to preserve Hong an extradition treaty, a bilateral in- 5 minutes to the distinguished gen- Kong and the remarkable, vibrant, ex- vestment treaty, consular functions tleman from Illinois [Mr. PORTER]. citing, and free place that it is today. and many more very important issues. Mr. PORTER. Mr. Speaker, I rise Mr. Speaker, the Hong Kong Rever- Moreover, we must be very careful to today in strong support of H.R. 750, the sion Act is a vital part of this bal- assure that Hong Kong continues to Hong Kong Reversion Act. As the ancing act and will codify our concerns honor U.S. export control laws and reg- House sponsor of the Hong Kong Policy about the transition. By giving the ulations after the transition. Act of 1992, I would like to commend Hong Kong economic and trade office The Hong Kong Reversion Act will my colleague, the gentleman from Ne- diplomatic privileges and immunities aid the Congress in examining all the braska [Mr. BEREUTER], for taking the separate from the People’s Republic of important issues in this complex tran- lead in the final preparations for the China, we reinforce the unique rela- sition by building on the Hong Kong United States Government to legally tionship we have with Hong Kong and Policy Act of 1992. It requires assess- accommodate the reversion of Hong our expectation that we will work di- ments and reports by the Secretary of Kong to Chinese sovereignty. rectly with the Hong Kong government State in very specific areas so the This legislation is very important to on matters of mutual concern. This is President can knowledgeably deter- the continuation of the goals of the one of the most important elements of mine under his existing authority Hong Kong Policy Act, ensuring that this legislation. H844 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Further, this bill expresses our tion of the House that two systems section 4, clause 6. In this we deal with strong support for the autonomy and within one China should mean political a statement of what we are hoping for independence of Hong Kong in the man- as well as economic freedom for Hong with the new government. My col- agement of its own affairs. By continu- Kong. For in the end, the future of league from Michigan referred to a ing to work directly with Hong Kong’s human rights in Hong Kong will im- meeting with C.H. Tung, the likely new law enforcement agencies, maintain pact the future of human rights in governor, and in that I also had the separate treaty obligations with Hong mainland China and indeed the future privilege of meeting with him in Au- Kong and declare our strong support of human rights throughout the world. gust. I thought I would put on the for Hong Kong’s institutions, the Con- Mr. BEREUTER. Mr. Speaker, I yield record that the Chinese sentiment is gress will be a forceful voice for a true, such time as he may consume to the real, that the British time in Hong one-country, two-systems approach to distinguished gentleman from Califor- Kong and the British particular dictat- Hong Kong. nia [Mr. CAMPBELL], a member of the ing of terms in Hong Kong was con- Finally, we must take every oppor- committee. trary to Chinese sovereignty during tunity to send the strongest possible (Mr. CAMPBELL asked and was the entire time of the occupation, that message to Beijing that the future of given permission to revise and extend the taking of Hong Kong in the opium Hong Kong is important to the United his remarks.) war was not a high point, let us say, in States, not just for economic reasons, Mr. CAMPBELL. Mr. Speaker, I human rights practiced by the United but for moral ones as well. A free, sta- thank the gentleman for yielding me Kingdom, and that whatever one might ble, prosperous Hong Kong serves as a this time and also for his generosity in think about the validity of the rules positive example in a region where accepting the amendments that I of- that the British offered during the last none of these qualities is the norm. fered in this process. I rise to make a period of their occupation of Hong I hope and believe that Hong Kong matter of legislative history what Kong during the time, especially since can be a window on the future of Asia, those amendments were and why I of- the agreement for the reversion of especially China. We should all work to fered them, why I believe our col- Hong Kong, that it was China’s right to ensure that Hong Kong changes China leagues on the Committee on Inter- set these rules; it was not by leave of more than China changes Hong Kong as national Relations accepted them, and Britain, it was China’s right. a result of this historic process. This why I hope today our colleagues on the So I asked the change to be made, bill is part of that work, and I whole- floor of the House of Representatives that we look to the reestablishment of heartedly commend it to my colleagues will vote in favor of them. all of those rights which have now been in the House. The first deals with section 5, clause taken away, particularly the rights for Mr. HILLIARD. Mr. Speaker, I yield b(4)(d), and in it we deal with the provi- assembly and for political activity, 2 minutes to the gentleman from sions that the Secretary of State is to that were granted during this period of Michigan [Mr. LEVIN]. include in her report regarding the time under the governorship of Chris (Mr. LEVIN asked and was given per- compliance of the new autonomous re- Patten, but had not been granted mission to revise and extend his re- gion, with our expectations, and I theretofore, that we look to see these marks.) think the world’s expectations, on eco- restored, but we see them restored Mr. LEVIN. Mr. Speaker, I appreciate nomic behavior. A different part of the when China retakes sovereignty over the gentleman yielding me this time. bill deals with our expectations on po- Hong Kong. And so a simple change to I rise in support of the Hong Kong litical behavior. refer to is that anticipation that this Reversion Act, which affirms United The committee added, at my sugges- occur no later than July 1, to give that States support for the autonomy of tion, the following, ‘‘That included in at least symbolic and very important, Hong Kong. When 21 other House Mem- that would be unprecedented diversion not simply symbolic day for China, to bers and I visited Hong Kong and China of Chinese exports through Hong Kong say that now that we are sovereign in January, we saw firsthand the need in order to attain preferential treat- again, we choose to establish guaran- for this legislation. Chinese Govern- ment in United States markets.’’ The tees of political freedom and assembly, ment representatives assured us that reason why I thought that was an im- as the sovereign and in our own right, they would pursue the one China, two portant index of behavior was just this, and not simply because Britain had systems policy. The question was then that China not be encouraged to use done so during its period of rule. and is now whether this means two po- Hong Kong as the means for having ac- Those are the legislative historical litical as well as two economic sys- cess to duty-free and preferential treat- reasons for these two amendments. I tems, whether political freedom will be ment throughout the world without thank my colleague for giving me the preserved in Hong Kong alongside eco- changing a bit the economy of the opportunity to explain them. nomic freedom. other provinces of China, that Hong Mr. BEREUTER. Mr. Speaker, I re- We are concerned about this because Kong is in a special tariff area and it be serve the balance of my time. of the intrinsic value of political free- preserved in that area, but it not be Mr. HILLIARD. Mr. Speaker, I yield dom itself, because political freedom isolated with the price then that the 2 minutes to the gentleman from enhances economic freedom, and be- rest of China could continue in a less American Samoa [Mr. FALEOMAVAEGA]. cause, as shown by nations like Singa- than free market economy, but that, Mr. FALEOMAVAEGA. Mr. Speaker, pore, economic freedom does not nec- rather, having seen the benefits avail- I thank my good friend for yielding me essarily lead to political freedom. able, particularly in the acceptance in this time. That is why we told C.H. Tung, Chi- the world economy for the special tar- I am honored to be an original co- na’s supported chief executive for Hong iff region of Hong Kong, that the rest sponsor of H.R. 750, which expresses Kong, that we were concerned about of China would be encouraged to do the United States support for the auton- Beijing’s decision to dissolve the demo- same, and thereby also obtain access to omy of Hong Kong and establishes re- cratically elected legislative counsel of the World Trade Organization opportu- quirements to determine whether the Hong Kong. I asked Mr. Tung directly, nities when those are available, as they People’s Republic of China is honoring ‘‘Do you personally assure us that are presently available to Hong Kong, commitments under the Joint Declara- within a year after July 1 there will be and other opportunities available tion of 1984 to retain Hong Kong’s au- a democratically elected legislative under American law. tonomy. body in Hong Kong?’’ He said ‘‘yes.’’ We So I am looking to see that China I would be remiss if I did not express should insist that Mr. Tung abide by does not simply send its exports more my appreciation to my good friend this promise to restore democracy next and more through Hong Kong, which from Nebraska [Mr. BEREUTER] for in- year. would not have the beneficial effect on troducing this legislation, and I cer- Unfortunately, events since we left the rest of the country, but rather the tainly would like to commend both the Hong Kong have pointed in a different Hong Kong example would be emulated chairman of our committee, the gen- direction, restriction of the rights to in the rest of China. tleman from New York [Mr. GILMAN] speech, assembly, and association. This Mr. Speaker, the other change the and the gentleman from Indiana [Mr. bill makes clear the resolute expecta- committee made at my suggestion is in HAMILTON], the ranking Democratic March 11, 1997 CONGRESSIONAL RECORD — HOUSE H845 member of the full committee for their Early in February of this year, the COMMITTEE ON WAYS AND MEANS, sponsorship and support of this impor- preparatory committee appointed by Washington, DC, March 10, 1997. tant measure. the People’s Republic of China rec- Hon. BENJAMIN GILMAN, Mr. Speaker, this legislation has bi- ommended the repeal and the amend- Chairman, Committee on International Rela- partisan support. The transfer of Hong tions, Rayburn House Office Building, ment of Hong Kong ordinances, includ- Washington, DC. Kong from British to Chinese sov- ing the bill of rights, the societies ordi- ereignty on July 1 will indeed be a his- nance relating to freedom of associa- DEAR MR. CHAIRMAN: I am writing with re- gard to H.R. 750, the Hong Kong Reversion toric event. In ending Britain’s colo- tion, and the public order ordinance re- Act, which was approved by the Committee nial rule of Hong Kong, I am hopeful lating to freedom of assembly. that China will abide by its commit- on International Relations on March 6, 1997 These two actions and the many and is scheduled for consideration in the ment under the Joint Declaration to threats by Communist officials regard- House on March 11, 1997. extend a high degree of autonomy to ing the types of speech and association, In addition to addressing general economic Hong Kong under the one-country, two- in addition to warnings to religious in- system policy. and trade relations between the United stitutions, are ominous indicators of States and Hong Kong after its reversion to Although the recent actions taken by what the courageous people of Hong China regarding Hong Kong are trou- the People’s Republic of China on July 1, Kong are facing as their territory re- 1997, the bill contains several specific provi- bling, as raised by some of my col- verts back to Communist China. sions that could affect the future treatment leagues, I would hope that we would It is without a doubt that Hong of Hong Kong under various U.S. trade laws allow China some breathing space, Mr. which fall within the jurisdiction of the Speaker, as the transition occurs. Kong’s autonomy is lost without an elected legislature, and with the repeal Committee on Ways and Means. b 1615 of the bill of rights and other ordi- Section 5 of H.R. 750 requires the Presi- On that note, I would like to associ- nances that protect its citizenry dent, when determining, under Section 202(a) ate myself with the comments made against Beijing’s intrusion into their of the United States-Hong Kong Policy Act earlier by the gentleman from Califor- freedom. of 1992, whether Hong Kong is sufficiently autonomous to justify treatment under the nia [Mr. CAMPBELL] regarding the fact H.R. 750 directs the Secretary of laws of the United States, including U.S. that Hong Kong was literally a British State to study these matters and take trade laws, different from that accorded to colony. Now, all of a sudden we are action in order to protect our Nation’s the People’s Republic of China, to consider talking about protection of democratic relationship with Hong Kong. Accord- information provided by the Secretary of principles, personal freedoms, and ingly, I urge my colleagues to fully State in the report required under section more autonomy for the residents of support this measure. 301 of the United States Hong Kong Policy this British colony, when years before Mr. Speaker, I would like also to Act of 1992. This would modify the Presi- they never had the privilege. note my appreciation for the coopera- dent’s authority to waive the applicability of Mr. Speaker, what happens in Hong U.S. law, including import and other trade tion of the gentleman from Texas [Mr. and tariff laws, with respect to Hong Kong. Kong will have serious implications on ARCHER], the chairman of the Commit- Taiwan. What happens with Taiwan’s Section 5(b) requires that the Secretary of tee on Ways and Means, in connection State include in this report an assessment of future will determine the stability of with our proceedings here today. Chair- whether the Hong Kong Government and the the entire Asian-Pacific region. man ARCHER agreed to waive jurisdic- People’s Republic of China have cooperated If China does not comply with its ob- tion of this bill in his committee in in securing a bilateral investment treaty and ligations for Hong Kong’s autonomy, order to allow us to proceed with its whether there is diminished cooperation in under the Joint Declaration, H.R. 750, expeditious consideration on the floor. areas of customs enforcement, drug interdic- will give our Government a mechanism Mr. Speaker, I include for the tion and money laundering. Section 5(b) also for determining whether the current requires the Secretary of State to cite any RECORD correspondence between Chair- United States laws and policies toward failure by these governments to respect man ARCHER and myself related to this Hong Kong should be maintained. United States textile laws and quotas and Again, I thank my good friend, the matter. any misuse of the customs territory of Hong gentleman from Nebraska, for his in- The material referred to is as follows: Kong to implement the foreign policy or troduction of this important measure. I COMMITTEE ON INTERNATIONAL trade goals of the Government of the Peo- ple’s Republic of China. All of these provi- ask my colleagues to support the legis- RELATIONS, Washington, DC, March 10, 1997. sions could affect the future of U.S. commer- lation. cial relations with Hong Kong. Mr. BEREUTER. Mr. Speaker, I yield Hon. BILL ARCHER, Chairman, Committee on Ways and Means, such time as he may consume to the In view of your desire for early House ac- House of Representatives, Washington, DC. tion on this bill, the non-controversial na- gentleman from New York [Mr. GIL- DEAR MR. CHAIRMAN: I am writing about ture of the trade-related provisions, and the MAN], chairman of the Committee on H.R. 750, which was recently introduced by fact that they do not directly change exist- International Relations. Representative Doug Bereuter and referred ing U.S. trade laws or policies, it will not be (Mr. GILMAN asked and was given solely to this Committee. On March 6, 1997, necessary for the Committee on Ways and permission to revise and extend his re- our Committee marked up this bill and Means to mark up H.R. 750. This is being marks and include extraneous mate- agreed to a resolution asking that I seek its done only with the understanding that this rial.) consideration on the suspension calendar. action in the instance in no way establishes Mr. GILMAN. Mr. Speaker, I thank The leadership has scheduled its consider- a precedent or prejudices the Committee on the gentleman for yielding time to me. ation for tomorrow. Ways and Means’ jurisdiction over provisions Mr. Speaker, I am pleased to com- I am advised that the Committee on Ways of the type described above. I would appre- mend the gentleman from Nebraska, and Means has jurisdictional interest in this ciate your confirmation of this understand- the chairman of our Subcommittee on bill, in part because, in section 5, the bill ing and reference to this exchange of letters adds criteria to be considered by the Presi- during House consideration of the bill. Asia and the Pacific of the Committee dent in making determinations under section on International Relations, and the 22 of the U.S.-Hong Kong Policy Act of 1992. I look forward to prompt consideration of this important legislation by the House. ranking minority member, the gen- As you know, this bill has widespread sup- Sincerely, tleman from California [Mr. BERMAN] port and the provisions that may involve BILL ARCHER, for crafting this measure, a resolution Ways and Means jurisdiction are minor ones, Chairman. to support the autonomous governance on which our staffs have previously been in of Hong Kong after its reversion to the touch and about which no substantive prob- Mr. BEREUTER. Mr. Speaker, I yield People’s Republic of China. lems were raised. Accordingly, I would ap- myself such time as I may consume. Hong Kong’s autonomy is clearly preciate your agreeing to the bill’s consider- ation on the suspension calendar notwith- Mr. Speaker, I include for the under attack. The Government of the standing the fact that it was not referred to People’s Republic of China has decided RECORD a cost estimate on the impact the Ways and Means Committee. of H.R. 750 by the Congressional Budget to dissolve Hong Kong’s democratically With best wishes, elected legislative council on July 1 of Office, and note that the cost is esti- Sincerely, mated to be zero. this year and appoint a provisional leg- BENJAMIN A. GILMAN, islature. Chairman. The material referred to is as follows: H846 CONGRESSIONAL RECORD — HOUSE March 11, 1997 U.S. CONGRESS, and freedom of speech stifle a citizenry and (H.R. 914) to make certain technical CONGRESSIONAL BUDGET OFFICE, undermine its economy. Unfortunately, the fu- corrections in the Higher Education Washington, DC, March 7, 1997. ture picture for Hong Kong is already clouded. Act of 1965 relating to graduation data Hon. BENJAMIN A. GILMAN, In 1984, the United Kingdom and China in disclosures, as amended. Chairman, Committee on International Rela- tions, House of Representatives, Washing- 1984 created a framework for Hong Kong's re- The Clerk read as follows: ton, DC. version in the Sino-British Joint Declaration. H.R. 914 DEAR MR. CHAIRMAN: The Congressional The Joint Declaration established a ``one- Be it enacted by the Senate and House of Rep- Budget Office has prepared the enclosed cost country, two-system'' arrangement, under resentatives of the United States of America in estimate for H.R. 750, the Hong Kong Rever- which Hong Kong would enjoy a ``high degree Congress assembled, sion Act, as ordered reported by the House of autonomy'' in its operation for the next 50 SECTION 1. TECHNICAL AMENDMENTS RELATING Committee on International Relations on years. Recently, serious questions have arisen TO DISCLOSURES REQUIRED WITH March 6, 1997. RESPECT TO GRADUATION RATES. If you wish further details on this esti- about China's intentions to adhere to its (a) AMENDMENTS.—Section 485 of the High- mate, we will be pleased to provide them. agreement in light of actions by Beijing, includ- er Education Act of 1965 (20 U.S.C. 1092) is The CBO staff contact is Joseph C. Whitehill. ing abolishing Hong Kong's democratically amended— Sincerely, elected legislature, and repealing its Bill of (1) in subsection (a)(3)(B), by striking JUNE E. O’NEILL, Rights and other ordinances ensuring the ‘‘June 30’’ and inserting ‘‘August 31’’; and Director. rights of freedom of association and assembly. (2) in subsection (e)(9), by striking ‘‘August Enclosure. H.R. 750 reaffirms congressional support for 30’’ and inserting ‘‘August 31’’. (b) EFFECTIVE DATES.— CONGRESSIONAL BUDGET OFFICE COST the automony of Hong Kong and implements ESTIMATE (1) IN GENERAL.—Except as provided in a series of reports and guidelines to determine H.R. 750, HONG KONG REVERSION ACT—AS OR- paragraph (2), the amendments made by sub- DERED REPORTED BY THE HOUSE COMMITTEE whether China is fulfilling its obligations under section (a) are effective upon enactment. ON INTERNATIONAL RELATIONS ON MARCH 6, the 1984 Joint Declaration. Under the bill, the (2) INFORMATION DISSEMINATION.—No insti- 1997 President of the United States could modify tution shall be required to comply with the amendment made by subsection (a)(1) before CBO estimates that the bill would result in current United States law and policies involv- July 1, 1998. no significant costs to the federal govern- ing Hong Kong, should he determine that ment. Because it would not affect direct ``Hong Kong is not sufficiently autonomous * * The SPEAKER pro tempore. Pursu- spending or receipts, pay-as-you-go proce- *''. While this bill does not go as far as I be- ant to the rule, the gentleman from dures would not apply. H.R. 750 contains no lieve it should go in protecting the people of California [Mr. MCKEON] and the gen- intergovernmental or private-sector man- Hong Kong, it is an important step. tleman from Michigan [Mr. KILDEE] dates as defined in the Unfunded Mandates No discussion of Hong Kong's future would each will control 20 minutes. Reform Act of 1995 (Public Law 104–4) and The Chair recognizes the gentleman would impose no costs on state, local, or be complete without acknowledging the ongo- from California [Mr. MCKEON] tribal governments. ing struggle of its brave prodemocracy move- The United States-Hong Kong Policy Act ment to ensure basic freedoms for its people. Mr. MCKEON. Mr. Speaker, I yield of 1992 (Public Law 102–383) allows the laws The courage and commitment of Hong Kong's myself such time as I may consume. of the United States to be applied to Hong prodemocracy activists, led by Martin Lee, and Mr. Speaker, today we are taking up Kong without change after its reversion to including Emily Lau and Christine Loh, is ex- H.R. 914, which the gentleman from China so long as Hong Kong remains suffi- emplary. We must speak out on their behalf to Michigan [Mr. KILDEE] and I intro- ciently autonomous to justify a separate support their efforts and to ensure their safety. duced, and which was reported by the treatment. H.R. 750 would require that the Committee on Education and the Secretary of State’s report on conditions in Mr. HILLIARD. Mr. Speaker, I have Hong Kong required by the earlier act ad- no further requests for time, and I Workforce by voice vote. dress specific issues regarding Hong Kong’s yield back the balance of my time. H.R. 914 makes a technical correction cooperation with U.S. agencies and contin- Mr. BEREUTER. Mr. Speaker, I yield to the student right-to-know provi- ued autonomy. back the balance of my time. sions of the Higher Education Act. The In addition, H.R. 750 would continue, after The SPEAKER pro tempore. The student right-to-know provisions of the Hong Kong reverts to China, some of the question is on the motion offered by Higher Education Act require institu- privileges and immunities that employees of the gentleman from Nebraska [Mr. BE- tions of higher education to report the Hong Kong economic and trade offices graduation rates for their student currently enjoy as part of the British con- REUTER] that the House suspend the sular presence. rules and pass the bill, H.R. 750, as body. The CBO staff contact for this estimate is amended. These statistics are compiled for the Joseph C. Whitehill. The estimate was ap- The question was taken. student body at large and for student proved by Robert A. Sunshine, Deputy As- Mr. BEREUTER. Mr. Speaker, on athletes as well. Unfortunately, a sistant Director for Budget Analysis. that I demand the yeas and nays. change made in the fiscal year 1996 om- Ms. PELOSI. Mr. Speaker, I rise today in The yeas and nays were ordered. nibus appropriations bill resulted in support of H.R. 570, the Hong Kong Rever- The SPEAKER pro tempore. Pursu- these rates being calculated at dif- sion Act. I commend Chairman BEREUTER and ant to clause 5 of rule I and the Chair’s ferent points in time during the aca- Ranking Member BERMAN for bringing this bill prior announcement, further proceed- demic year. Rates for the student body to the floor today. While there are differing ings on this motion will be postponed. at large are calculated as of June 30, views in Congress about the direction which f while rates for student athletes are cal- United States-China policy should take, we culated as of August 30. are all united in our concern about the future GENERAL LEAVE As a result of this mistake, institu- of Hong Kong. On July 1, 1997, less than 4 Mr. BEREUTER. Mr. Speaker, I ask tions will be required to keep two sets months from now, control over Hong Kong will unanimous consent that all Members of records for calculating and reporting revert to China. This action defines the future may have 5 legislative days within graduation rates. This amendment cor- for a freedom-loving people, who will find which to revise and extend their re- rects the problem by conforming the themselves under the jurisdiction of an author- marks on the measure just considered. section of the Higher Education Act itarian regime. The SPEAKER pro tempore. Is there dealing with the reporting date for stu- There is much at stake with this takeover objection to the request of the gen- dent athletes to the section of the and the people of Hong Kong are not the only tleman from Nebraska? Higher Education Act that requires ones who will feel its effects. Hong Kong's There was no objection. preparation of graduation rates for all very viability as a global financial center will f students. be threatened if the Chinese Government This amendment will set August 31 does not act responsibly and does not respect MAKING CERTAIN TECHNICAL COR- as the uniform reporting date, which internationally recognized basic human rights RECTIONS IN HIGHER EDU- allows institutions to more accurately and fundamental principles. Transparency, ac- CATION ACT OF 1965 RELATING reflect the manner in which they col- cess to unbiased information in real time, and TO GRADUATION DATA DISCLO- lect the data on graduation rates, and recourse to an independent judicial system are SURES eliminates the burdensome task of pre- all critical components of long-term economic Mr. MCKEON. Mr. Speaker, I move to paring two distinct sets of graduation growth. Restrictions on freedom of the press suspend the rules and pass the bill rates. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H847 The amendment is drafted to allow The SPEAKER pro tempore. Is there pending the rules and agreeing to the institutions to comply with the revised objection to the request of the gen- concurrent resolution, House Concur- dates immediately, as it is our under- tleman from California? rent Resolution 16, as amended. standing that a majority of institu- There was no objection. The Clerk read the title of the con- tions wish to use the revised date, and f current resolution. we encourage them to do so. RECESS The SPEAKER pro tempore. The However, we do not want to penalize question is on the motion offered by those institutions that, for whatever The SPEAKER pro tempore. Pursu- the gentleman from New York [Mr. ant to clause 12 of rule I, the Chair de- reason, could not immediately comply GILMAN] that the House suspend the with the date change. For this reason, clares the House in recess until 5 p.m. rules and agree to the concurrent reso- the effective date for mandatory com- today. lution, House Concurrent Resolution Accordingly (at 4 o’clock and 25 min- pliance with this amendment begins on 16, as amended, on which the yeas and July 1, 1998. This should allow suffi- utes p.m.), the House stood in recess until 5 p.m. nays are ordered. cient time for all institutions to make The vote was taken by electronic de- f any system changes necessary to com- vice, and there were—yeas 415, nays 1, ply with the date change. The higher b 1700 not voting 16, as follows: education community requested our as- [Roll No 36] sistance in conforming the reporting AFTER RECESS YEAS—415 dates for graduation rates, with the The recess having expired, the House concurrence of the Department of Edu- was called to order by the Speaker pro Abercrombie Cramer Gutknecht Ackerman Crane Hall (OH) cation. The technical correction has no tempore [Mr. STEARNS] at 5 p.m. Aderholt Crapo Hall (TX) budget impact. f Allen Cubin Hamilton I want to thank the gentleman from Archer Cummings Hansen ANNOUNCEMENT BY THE SPEAKER Michigan for his cooperation in moving Armey Cunningham Harman PRO TEMPORE Bachus Danner Hastert ahead with this technical correction, Baesler Davis (FL) Hastings (FL) and I urge my colleagues to support The SPEAKER pro tempore. Debate Baker Davis (IL) Hastings (WA) H.R. 914. has concluded on all motions to sus- Baldacci Davis (VA) Hayworth Mr. Speaker, I reserve the balance of pend the rules. Ballenger Deal Hefley Pursuant to clause 5, rule I, the Chair Barcia DeFazio Hefner my time. Barr DeGette Herger Mr. KILDEE. Mr. Speaker, I yield will now put the question on each mo- Barrett (NE) Delahunt Hill myself such time as I may consume. tion to suspend the rules on which fur- Barrett (WI) DeLauro Hilleary Mr. Speaker, I rise to urge adoption ther proceedings were postponed ear- Bartlett DeLay Hilliard lier today in the order in which that Barton Dellums Hinchey of this amendment, of which I am a co- Bass Deutsch Hinojosa sponsor. It is purely a technical amend- motion was entertained. Bateman Diaz-Balart Hobson ment. It would change the August 30 Votes will be taken in the following Becerra Dickey Hoekstra order: Bentsen Dicks Holden date in the Federal right-to-know law Bereuter Dingell Hooley in two places in order to reflect the House Joint Resolution 32, de novo; House Concurrent Resolution 16, by Berman Dixon Horn fact that the month of August actually Berry Doggett Hostettler the yeas and nays; Bilbray Dooley Houghton has 31 days. House Resolution 68, by the yeas and The overall importance of the Bilirakis Doolittle Hoyer nays; and Bishop Doyle Hulshof amendment, however, cannot be mini- H.R. 750, by the yeas and nays. Blagojevich Dreier Hunter mized. The provision to be amended re- The Chair will reduce to 5 minutes Bliley Duncan Hutchinson lieves institutions of higher education Blumenauer Dunn Hyde the time for any electronic vote after Blunt Edwards Inglis from collecting separate sets of grad- the first such vote in this series. Boehlert Ehlers Istook uation rates in order to comply with f Boehner Ehrlich Jackson (IL) the Federal law. Institutions would be Bonilla Emerson Jackson-Lee GRANTING CONSENT TO CERTAIN Bonior Engel (TX) allowed to use data that they are al- Bono English Jefferson ready collecting in order to meet the AMENDMENTS ENACTED BY HA- Borski Ensign Jenkins requirements of the Federal law. The WAIIAN LEGISLATURE TO HA- Boswell Eshoo John simple date change from August 30 to WAIIAN HOMES COMMISSION ACT Boucher Etheridge Johnson (CT) OF 1920 Boyd Evans Johnson (WI) August 31 will accomplish that objec- Brady Everett Johnson, E. B. tive once and hopefully forever. I urge The SPEAKER pro tempore. The Brown (CA) Ewing Johnson, Sam the amendment’s approval. pending business is the question de Brown (FL) Farr Jones Mr. Speaker, I have no further re- Brown (OH) Fattah Kanjorski novo of suspending the rules and pass- Bryant Fawell Kasich quests for time, and I yield back the ing the joint resolution, House Joint Bunning Fazio Kelly balance of my time. Resolution 32. Burr Filner Kennedy (MA) Mr. MCKEON. Mr. Speaker, I have no The Clerk read the title of the joint Burton Foglietta Kennedy (RI) further requests for time, and I yield Buyer Foley Kennelly resolution. Callahan Forbes Kildee back the balance of my time. The SPEAKER pro tempore. The Calvert Ford Kilpatrick The SPEAKER pro tempore. The question is on the motion offered by Camp Fowler Kim question is on the motion offered by the gentleman from California [Mr. Campbell Fox Kind (WI) the gentleman from California [Mr. Canady Frank (MA) King (NY) DOOLITTLE] that the House suspend the Cannon Franks (NJ) Kingston MCKEON] that the House suspend the rules and pass the joint resolution, Capps Frelinghuysen Kleczka rules and pass the bill, H.R. 914, as House Joint Resolution 32. Cardin Frost Klink amended. The question was taken; and (two- Castle Gallegly Klug Chabot Ganske Knollenberg The question was taken; and (two- thirds having voted in favor thereof) Chambliss Gekas Kolbe thirds having voted in favor therefore) the rules were suspended and the joint Chenoweth Gibbons Kucinich the rules were suspended and the bill, resolution was passed. Christensen Gilchrest LaFalce as amended, was passed. A motion to reconsider was laid on Clay Gillmor LaHood Clayton Gilman Lampson A motion to reconsider was laid on the table. Clement Gonzalez Lantos the table. f Coburn Goode Latham f Collins Goodlatte LaTourette CONCERNING URGENT NEED TO Combest Goodling Lazio GENERAL LEAVE IMPROVE LIVING STANDARDS OF Condit Gordon Leach SOUTH ASIANS LIVING IN THE Conyers Goss Levin Mr. MCKEON. Mr. Speaker, I ask Cook Graham Lewis (CA) unanimous consent that all Members GANGES AND BRAHMAPUTRA Cooksey Granger Lewis (GA) may have 5 legislative days within RIVER BASIN Costello Green Lewis (KY) Cox Greenwood Linder which to revise and extend their re- The SPEAKER pro tempore. The Coyne Gutierrez Lipinski marks on H.R. 914. pending business is the question of sus- H848 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Livingston Paxon Smith (MI) ANNOUNCEMENT BY THE SPEAKER Gonzalez Luther Ros-Lehtinen LoBiondo Payne Smith (NJ) Goode Maloney (CT) Rothman Lofgren Pease Smith (OR) PRO TEMPORE Goodlatte Maloney (NY) Roybal-Allard Lowey Pelosi Smith (TX) The SPEAKER pro tempore (Mr. Goodling Manton Royce Lucas Peterson (MN) Smith, Adam Gordon Manzullo Ryun STEARNS). Pursuant to the provisions Luther Peterson (PA) Smith, Linda Goss Markey Sabo Maloney (CT) Petri Snowbarger of clause 5 of rule I, the Chair an- Graham Martinez Salmon Maloney (NY) Pickering Snyder nounces that he will reduce to a mini- Granger Mascara Sanchez Manton Pickett Solomon mum of 5 minutes the period of time Green Matsui Sanders Manzullo Pitts Souder Greenwood McCarthy (MO) Sandlin Markey Pombo Spence within which a vote by electronic de- Gutierrez McCarthy (NY) Sanford Martinez Pomeroy Spratt vice may be taken on each additional Gutknecht McCollum Sawyer Mascara Porter Stabenow motion to suspend the rules on which Hall (OH) McCrery Saxton Matsui Portman Stark the Chair has postponed further pro- Hall (TX) McDade Schaffer, Bob McCarthy (NY) Poshard Stearns Hamilton McDermott Schiff McCollum Price (NC) Stenholm ceedings. Hansen McGovern Schumer McCrery Pryce (OH) Stokes The Chair is informed that the cloak- Harman McHale Scott McDade Quinn Strickland room beepers may not be working and Hastert McHugh Sensenbrenner McDermott Radanovich Stump Serrano Members should not rely on them in re- Hastings (FL) McInnis McGovern Rahall Stupak Hastings (WA) McIntosh Sessions McHale Ramstad Sununu sponding to the next two votes. Hayworth McIntyre Shadegg McHugh Rangel Talent Shaw f Hefley McKinney McInnis Regula Tanner Hefner McNulty Shays McIntosh Reyes Tauscher Herger Meehan Sherman McIntyre Riggs Tauzin SENSE OF HOUSE CONCERNING Hill Meek Shimkus McKeon Riley Taylor (MS) Hilleary Menendez Shuster McKinney Rivers Taylor (NC) TREATY OF MUTUAL COOPERA- Sisisky TION AND SECURITY BETWEEN Hilliard Metcalf McNulty Roemer Thomas Hinchey Mica Skaggs Meehan Rogan Thompson UNITED STATES AND JAPAN Hinojosa Miller (CA) Skeen Meek Rogers Thornberry Hobson Miller (FL) Skelton Menendez Rohrabacher The SPEAKER pro tempore. The Slaughter Thune Hoekstra Minge Metcalf Ros-Lehtinen Thurman Smith (MI) pending business is the question of sus- Holden Mink Mica Rothman Tiahrt Smith (NJ) pending the rules and agreeing to the Hooley Moakley Miller (CA) Roybal-Allard Tierney Smith (OR) Horn Molinari Miller (FL) Royce Torres resolution, House Resolution 68, as Smith (TX) Hostettler Mollohan Minge Ryun Traficant amended. Smith, Adam Houghton Moran (KS) Mink Sabo Turner Smith, Linda The Clerk read the title of the resolu- Hoyer Moran (VA) Moakley Salmon Upton Snowbarger Hulshof Morella Molinari Sanchez Velazquez tion. Snyder Hutchinson Murtha Mollohan Sanders Vento The SPEAKER pro tempore. The Solomon Hyde Myrick Moran (KS) Sandlin Visclosky Spratt question is on the motion offered by Inglis Nadler Moran (VA) Sanford Walsh the gentleman from Nebraska [Mr. BE- Stabenow Morella Sawyer Wamp Istook Neal Stark Murtha Saxton Waters REUTER] that the House suspend the Jackson (IL) Nethercutt Stearns Myrick Scarborough Watkins rules and agree to the resolution, Jackson-Lee Neumann Stenholm Nadler Schaefer, Dan Watt (NC) House Resolution 68, as amended, on (TX) Ney Stokes Neal Schaffer, Bob Watts (OK) Jefferson Northup Strickland Nethercutt Schiff Waxman which the yeas and nays are ordered. Jenkins Norwood Stump Neumann Schumer Weldon (FL) The vote was taken by electronic de- John Nussle Stupak Ney Scott Weldon (PA) vice, and there were—yeas 403, nays 16, Johnson (CT) Oberstar Sununu Johnson (WI) Obey Northup Sensenbrenner Weller not voting 13, as follows: Talent Norwood Serrano Wexler Johnson, E. B. Olver Tanner Nussle Sessions Weygand [Roll No 37] Johnson, Sam Ortiz Tauscher Jones Oberstar Shadegg White YEAS—403 Oxley Tauzin Obey Shaw Whitfield Kanjorski Packard Taylor (NC) Olver Shays Wicker Abercrombie Burr Diaz-Balart Kasich Pallone Thomas Ortiz Sherman Wise Ackerman Burton Dickey Kelly Pappas Thompson Oxley Shimkus Wolf Aderholt Callahan Dicks Kennedy (MA) Parker Thornberry Packard Shuster Woolsey Allen Calvert Dingell Kennedy (RI) Pascrell Thune Pallone Sisisky Wynn Archer Camp Dixon Kennelly Pastor Thurman Pappas Skaggs Yates Armey Campbell Doggett Kildee Paxon Tiahrt Parker Skeen Young (AK) Bachus Canady Dooley Kilpatrick Payne Tierney Pascrell Skelton Young (FL) Baesler Cannon Doolittle Kim Pease Torres Pastor Slaughter Baker Capps Doyle Kind (WI) Pelosi Turner Baldacci Cardin Dreier King (NY) Peterson (MN) Upton NAYS—1 Ballenger Castle Duncan Kingston Peterson (PA) Velazquez Paul Barcia Chabot Dunn Kleczka Petri Vento Barr Chambliss Edwards Klink Pickering Visclosky NOT VOTING—16 Barrett (NE) Chenoweth Ehlers Klug Pickett Walsh Barrett (WI) Christensen Ehrlich Andrews Gejdenson Millender- Knollenberg Pitts Wamp Bartlett Clay Emerson Carson McDonald Kolbe Pombo Waters Gephardt Barton Clayton Engel Clyburn Owens Kucinich Pomeroy Watkins Kaptur Bass Clement English Coble Roukema LaFalce Porter Watt (NC) Largent Bateman Clyburn Ensign Flake Rush LaHood Portman Watts (OK) McCarthy (MO) Becerra Coburn Eshoo Furse Towns Lampson Poshard Waxman Bentsen Collins Etheridge Lantos Price (NC) Weldon (FL) b 1725 Bereuter Combest Evans Latham Pryce (OH) Weldon (PA) Berman Condit Everett LaTourette Quinn Weller Mr. OLVER and Mr. WAMP changed Berry Conyers Ewing Lazio Radanovich Wexler their vote from ‘‘nay’’ to ‘‘yea.’’ Bilirakis Cook Farr Leach Rahall Weygand Bishop Cooksey Fattah So (two-thirds having voted in favor Levin Ramstad White Blagojevich Costello Fawell Lewis (CA) Rangel Whitfield thereof) the rules were suspended and Bliley Cox Fazio Lewis (GA) Regula Wicker the concurrent resolution, as amended, Blumenauer Coyne Filner Lewis (KY) Reyes Wise was agreed to. Blunt Cramer Foglietta Linder Riggs Wolf Boehlert Crane Foley Lipinski Riley Woolsey The result of the vote was announced Boehner Crapo Forbes Livingston Rivers Wynn as above recorded. Bonilla Cubin Ford LoBiondo Roemer Young (AK) A motion to reconsider was laid on Bonior Cummings Fox Lofgren Rogan Young (FL) Bono Cunningham Franks (NJ) the table. Lowey Rogers Borski Davis (FL) Frelinghuysen Lucas Rohrabacher f Boswell Davis (IL) Frost Boucher Davis (VA) Gallegly NAYS—16 PERSONAL EXPLANATION Boyd Deal Ganske Brady DeGette Gejdenson Bilbray Hunter Spence Ms. MCCARTHY of Missouri. Mr. Speaker, Brown (CA) Delahunt Gekas Buyer McKeon Taylor (MS) on rollcall No. 36, on House Concurrent Reso- Brown (FL) DeLauro Gibbons Danner Paul Traficant Brown (OH) DeLay Gilchrest DeFazio Scarborough Yates lution 16. I was detained in transit. Had I been Bryant Dellums Gillmor Fowler Schaefer, Dan present, I would have voted ``yea.'' Bunning Deutsch Gilman Frank (MA) Souder March 11, 1997 CONGRESSIONAL RECORD — HOUSE H849 NOT VOTING—13 Deutsch Johnson, Sam Paxon Turner Watt (NC) Whitfield Diaz-Balart Jones Payne Upton Watts (OK) Wicker Andrews Gephardt Owens Dickey Kanjorski Pease Velazquez Waxman Wise Carson Kaptur Roukema Dicks Kasich Pelosi Vento Weldon (FL) Wolf Coble Largent Rush Dingell Kelly Peterson (MN) Visclosky Weldon (PA) Woolsey Flake Millender- Towns Dixon Kennedy (MA) Peterson (PA) Walsh Weller Wynn Furse McDonald Doggett Kennedy (RI) Petri Wamp Wexler Yates Dooley Kennelly Pickering Waters Weygand Young (AK) b 1737 Doolittle Kildee Pickett Watkins White Young (FL) Mr. MCKEON and Mr. BUYER Doyle Kilpatrick Pitts NAYS—1 Dreier Kim Pombo changed their vote from ‘‘yea’’ to Duncan Kind (WI) Pomeroy Paul ‘‘nay.’’ Dunn King (NY) Porter NOT VOTING—15 So (two-thirds having voted in favor Edwards Kingston Portman thereof), the rules were suspended and Ehlers Kleczka Poshard Andrews Greenwood Pryce (OH) Ehrlich Klink Price (NC) Carson Kaptur Roukema the resolution, as amended, was agreed Emerson Klug Quinn Coble Largent Rush to. Engel Knollenberg Radanovich Flake Millender- Towns The title of the resolution was English Kolbe Rahall Furse McDonald amended so as to read: ‘‘A resolution Ensign Kucinich Ramstad Gephardt Owens Eshoo LaFalce Rangel b stating the sense of the House of Rep- Etheridge LaHood Regula 1747 resentatives that the Treaty of Mutual Evans Lampson Reyes So (two-thirds having voted in favor Cooperation and Security Between the Everett Lantos Riggs Ewing Latham Riley thereof), the rules were suspended and United States of America and Japan is Farr LaTourette Rivers the bill as amended, was passed. essential for furthering the security in- Fattah Lazio Roemer The result of the vote was announced terests of the United States, Japan, Fawell Leach Rogan as above recorded. and the nations of the Asia-Pacific re- Fazio Levin Rogers Filner Lewis (CA) Rohrabacher A motion to reconsider was laid on gion, and that the people of Japan, es- Foglietta Lewis (GA) Ros-Lehtinen the table. pecially the people of Okinawa, deserve Foley Lewis (KY) Rothman f recognition for their contributions to- Forbes Linder Roybal-Allard ward ensuring the treaty’s implemen- Ford Lipinski Royce PERSONAL EXPLANATION Fowler Livingston Ryun tation.’’ Fox LoBiondo Sabo Ms. PRYCE of Ohio. Mr. Speaker, on rollcall The result of the vote was announced Frank (MA) Lofgren Salmon No. 38, I was unavoidably detained. Had I as above recorded. Franks (NJ) Lowey Sanchez been present, I would have voted ``yea.'' Frelinghuysen Lucas Sanders f A motion to reconsider was laid on Frost Luther Sandlin the table. Gallegly Maloney (CT) Sanford PERSONAL EXPLANATION Ganske Maloney (NY) Sawyer f Gejdenson Manton Saxton Ms. STABENOW. Mr. Speaker, I rise Gekas Manzullo Scarborough to indicate that on Thursday, March 6, HONG KONG REVERSION ACT Gibbons Markey Schaefer, Dan Gilchrest Martinez Schaffer, Bob I was on a leave of absence for official The SPEAKER pro tempore. The Gillmor Mascara Schiff business, having had the pleasure of es- pending business is the question of sus- Gilman Matsui Schumer corting the President of the United pending the rules and passing the bill, Gonzalez McCarthy (MO) Scott States to my district to discuss edu- Goode McCarthy (NY) Sensenbrenner H.R. 750, as amended. Goodlatte McCollum Serrano cation issues. The Clerk read the title of the bill. Goodling McCrery Sessions As a result, I missed rollcall votes 32 The SPEAKER pro tempore. The Gordon McDade Shadegg through 35. Had I been present, I would question is on the motion offered by Goss McDermott Shaw have voted ‘‘nay’’ on rollcall votes 32 Graham McGovern Shays the gentleman from Nebraska [Mr. BE- Granger McHale Sherman and 35, and ‘‘yea’’ on rollcall votes 33 REUTER] that the House suspend the Green McHugh Shimkus and 34. rules and pass the bill, H.R. 750, as Gutierrez McInnis Shuster f amended, on which the yeas and nays Gutknecht McIntosh Sisisky Hall (OH) McIntyre Skaggs SPECIAL ORDERS are ordered. Hall (TX) McKeon Skeen The vote was taken by electronic de- Hamilton McKinney Skelton The SPEAKER pro tempore (Mr. vice, and there were—yeas 416, nays 1, Hansen McNulty Slaughter STEARNS). Under the Speaker’s an- Harman Meehan Smith (MI) not voting 15, as follows: Hastert Meek Smith (NJ) nounced policy of January 7, 1997, and [Roll No. 38] Hastings (FL) Menendez Smith (OR) under a previous order of the House, Hastings (WA) Metcalf Smith (TX) YEAS—416 the following Members will be recog- Hayworth Mica Smith, Adam nized for 5 minutes each. Abercrombie Boehlert Clay Hefley Miller (CA) Smith, Linda Ackerman Boehner Clayton Hefner Miller (FL) Snowbarger f Aderholt Bonilla Clement Herger Minge Snyder Allen Bonior Clyburn Hill Mink Solomon IMPROVING THE COMMUTE TO Archer Bono Coburn Hilleary Moakley Souder WORK Armey Borski Collins Hilliard Molinari Spence Bachus Boswell Combest Hinchey Mollohan Spratt The SPEAKER pro tempore. Under a Baesler Boucher Condit Hinojosa Moran (KS) Stabenow previous order of the House, the gen- Baker Boyd Conyers Hobson Moran (VA) Stark tleman from Oregon [Mr. BLUMENAUER] Baldacci Brady Cook Hoekstra Morella Stearns is recognized for 5 minutes. Ballenger Brown (CA) Cooksey Holden Murtha Stenholm Barcia Brown (FL) Costello Hooley Myrick Stokes Mr. BLUMENAUER. Mr. Speaker, Barr Brown (OH) Cox Horn Nadler Strickland throughout the Capitol this week, we Barrett (NE) Bryant Coyne Hostettler Neal Stump are being visited by men and women Barrett (WI) Bunning Cramer Houghton Nethercutt Stupak Bartlett Burr Crane Hoyer Neumann Sununu who are the leaders of our transit agen- Barton Burton Crapo Hulshof Ney Talent cies around the country. I hope that as Bass Buyer Cubin Hunter Northup Tanner they are visiting with us today dealing Bateman Callahan Cummings Hutchinson Norwood Tauscher with the things that make a difference Becerra Calvert Cunningham Hyde Nussle Tauzin Bentsen Camp Danner Inglis Oberstar Taylor (MS) to Americans, that we in Congress will Bereuter Campbell Davis (FL) Istook Obey Taylor (NC) be particularly aware of two pieces of Berman Canady Davis (IL) Jackson (IL) Olver Thomas legislation that they are seeking our Berry Cannon Davis (VA) Jackson-Lee Ortiz Thompson Bilbray Capps Deal (TX) Oxley Thornberry assistance for that will make a dif- Bilirakis Cardin DeFazio Jefferson Packard Thune ference for American families. Bishop Castle DeGette Jenkins Pallone Thurman After all, notwithstanding a lot of Blagojevich Chabot Delahunt John Pappas Tiahrt what passes for topical political rhet- Bliley Chambliss DeLauro Johnson (CT) Parker Tierney Blumenauer Chenoweth DeLay Johnson (WI) Pascrell Torres oric in our Capitol, really what Amer- Blunt Christensen Dellums Johnson, E. B. Pastor Traficant ican families care about most is they H850 CONGRESSIONAL RECORD — HOUSE March 11, 1997 want to be safe, they want their fami- are allowed for only one-third of that three people working, paying in their lies economically secure, they want value. The Commuter Choice Act would taxes to support each retiree. them healthy. I am here today to argue eliminate this imbalance, and encour- What has happened at the same time on behalf of two of these bills that will age energy savings without penalizing is an increasing number of retirees. do that in terms of having a more bal- drivers. The life span is much longer. When we anced transportation system. It would increase the nontaxable started Social Security, the average One, House Resolution 37, would give transit pass benefit to the same $170 age of death was 61, even though the congressional employees here in the per month as the tax-free parking ben- retirement age was 65. And today the District of Columbia and in our district efit. average age of death is almost 74 years. offices the opportunity to contribute to b 1800 If you are fortunate enough to live to the livability of their communities by be 65 years old, then the average age of using transit. As local elected officials In addition, this bill will take away death is 84 years old. So a tremendous we have had the opportunity of imple- the disincentive for people who choose increase in the number of retirees menting such programs in our commu- alternative transportation modes. which is going to be compounded by nity, and we found that transit passes Right now, if an employer decides that the fact that the baby boomers, that made a great deal of difference. They they are going to give $25 a month as huge population growth after World improved morale of our employees, an incentive for people to walk, run, or War II, are going to start to retire in they decreased the demand for parking, bike to work, that will make the other about 2011. they helped clean the air, they de- benefits that they provide potentially So everybody is guessing we are creased congestion, and they actually taxable, including tax-free parking. going to run out of money, there is not ended up saving our employees money. This bill would provide the oppor- enough money coming in to pay the Sadly, the House of Representatives tunity for a stipend of $15 to $50 per outgo after 2011. Dorcas Hardy, a is behind the curve in offering transit month. This cash benefit would support former Social Security Commissioner, benefits. Since 1984, private sector em- employees who choose to walk, bike, estimates that we are going to run out ployers have offered their employees run, rollerblade to work. We have had of money as early as 2005. transit benefits for their commute to opportunities in the State of Califor- Let me give you an example of the work. Even our colleagues in the U.S. nia, where this has been implemented increased cost of Social Security. This Senate have successfully operated a by some employers. year on average we are paying out for transit pass program since 1992. Today I urge my colleagues to support these Social Security benefits $700,000 a over 2,000 employees of the Congres- two bills. minute. By 2029, we will be paying out sional Budget Office, the Architect of f $5,600,000 a minute. Today $700,000, by the Capitol, and the Senate participate SOCIAL SECURITY 2029 it is going to be $5,600,000. A tre- in an employer-sponsored transit pass mendous increase in cost. program. With the passage of the Fed- The SPEAKER pro tempore [Mr. How do we solve the problem? I have eral Employees Clean Air Incentives STEARNS]. Under a previous order of introduced a bill last session that Act of 1993, the House is authorized to the House, the gentleman from Michi- makes 12 modest changes for future re- offer its employees the same incentive. gan [Mr. SMITH] is recognized for 5 min- tirees, that holds safe existing retirees, Unfortunately, we have yet to do so. utes. but it slightly slows down the increase This is a bipartisan resolution, already Mr. SMITH of Michigan. Mr. Speak- in benefits for higher income retirees. with over 3 dozen cosponsors, that er, I am a member of the Committee on It adds an additional year that you are would give House offices the option to the Budget. Last week Alan Greenspan, going to have to work to be eligible for underwrite part of the cost of monthly the Chairman of the Federal Reserve, retirement. It has some changes in the passes for our employees. No additional came before our committee. Today bend points. It makes changes in the revenue is needed to approve the pro- Secretary Rubin, Secretary of the requirements of a spouse receiving So- gram, since our employee transit Treasury, came before our committee. cial Security benefits that did not passes would be funded out of existing They made, I think, a very important work, but the point is how do we make transit office budgets. point that everybody should be aware the changes. How are we going to come The Washington Metropolitan Area of. That is that Social Security has to grips with changes in a program Transit Authority, WMATA, is ex- very serious problems for the future. that has been called the third rail, that tremely supportive of this legislation, Mr. Speaker, I would just like to talk if politicians start touching this like and is ready to help the House imple- about some of the things that are hap- they did Medicare, they are going to be ment the transit benefit program here pening in Social Security that means chastised in the next election. in the D.C. metro area as soon as we that the benefits for existing retirees I urge my colleagues to come for- are willing to work with them. are threatened as well as the potential ward. Let us start taking our heads out Additionally, we are hearing from for retirement benefits for workers of the sand. our transit friends about another im- that are going to retire in the future. Mr. President, I ask you, Secretary portant piece of legislation. This is the In terms of the Federal budget, So- Rubin, I ask you, colleagues, I ask you, Commuter Choice Act, H.R. 873, that is cial Security uses up now 22 percent of let us start dealing with this program. primarily sponsored by our colleague, the total Federal budget. What is hap- If we delay the solutions of solving So- the gentleman from Georgia [Mr. pening is we have a system in Social cial Security, that simply means that LEWIS]. Security where existing workers pay the solutions are going to be much Most of us understand that the over- their taxes in to support the retire- more drastic. It is important that we whelming reliance on single-occupant ment benefits of existing retirees, a start today working on these solutions vehicles is responsible for unsafe air, pay as you GOPAC. for Social Security. unsafe streets, and gridlock that is in- That is the way it is today. That is I invite my colleagues to examine my creasingly paralyzing our commu- the way it always has been since Social bill. Let us run this idea up the flag nities. Yet, sadly, our tax policy en- Security started in 1935. What is hap- pole. Let us come up with better solu- courages commuting by car over any pening is there is a fewer number of tions, but let us not put this decision other means of transportation. It is not workers. The birth rate is going down, off by simply appointing a commission enough that in America we spend more so we are seeing a fewer number of that is going to come back 2 or 3 or 4 advertising the automobile than sup- workers paying in their taxes to sup- years later with three different propos- porting transit. We have a tax system port an increasing number of retirees. als on how to solve it. that discriminates against people who For example, in 1945, there were 42 peo- would like to do the right thing and ple working paying in their taxes to f not use their private automobile. support the benefits of each retiree. By The SPEAKER pro tempore. Under a Employers can currently provide free 1950, that went down to 17 individuals previous order of the House, the gen- parking up to $170 a month tax-free, working paying in their taxes to sup- tleman from Wisconsin [Mr. KIND] is but a transit pass or car pool benefits port each retiree. Today there are recognized for 5 minutes. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H851 [Mr. KIND addressed the House. His States. They appreciate that average There is some talk about a special remarks will appear hereafter in the people can run for office and represent prosecutor. I am absolutely opposed Extensions of Remarks.] Americans in this august and impor- and I will tell you why. Special pros- f tant body. They recognize that it is not ecutor connotes that someone has pur- their job to come here and be led by posely done something illegal that may ROSE-HULMAN INSTITUTE OF those who are filled with special inter- be on the verge of criminal activities. TECHNOLOGY ests and who pay for those special in- We have a body that is now set and the The SPEAKER pro tempore. Under a terests to be brought to the floor of the moneys have been voted for the U.S. previous order of the House, the gen- House. But they do recognize that av- Senate to begin investigating any ac- tleman from Indiana [Mr. PEASE] is erage citizens like you and me fund dif- tivities that may have occurred that recognized for 5 minutes. ferent PAC’s and give opportunity for may be illegal or may infringe upon Mr. PEASE. Mr. Speaker, I rise today their voices to be heard. our rules with respect to campaign fi- to pay tribute to Rose-Hulman Insti- I think it is important that we recog- nance reform. tute of Technology at Terre Haute, IN. nize what democracy is. It means that I say let the process go forward. Let Rose-Hulman recently received the 1997 teachers can gather and organize and the witnesses be subpoenaed. Let the Theodore Hesburgh Award from the speak about issues of education. It Members who have something to say American Council on Education, which means that nurses can organize and say it. Let the investigation be thor- honors exceptional faculty develop- talk about health issues. Senior citi- ough. Let it be of Republicans. Let it ment programs designed to enhance zens are able as well to comment on be of Independents. Let it be of Demo- undergraduate teaching and learning. Social Security and Medicare and Med- crats. Let the American people see it in Additionally, the institute received a icaid. It means that everyone’s voice the clearness of the day and let us have certificate of excellence for its develop- can be heard. your input as to how best to get the ment of faculty interdisciplinary Campaign finance is an equal oppor- message out so that we who are aver- teams who recited the integrated, first- tunity offender. I believe in campaign age citizens who come to this body can year curriculum in science, engineer- finance reform. I do not believe in cam- best run and not be controlled by dol- ing, and mathematics. This innovative paign finance hysteria. lars but still have the opportunity, program has a national impact on un- I am very glad, as we have studied each of us, whatever our backgrounds, dergraduate engineering education and the polls, that the American people are to come to this body and to be able to will likely affect many other levels of likewise. They want to see things that serve you in the way that we should. learning in the engineering field as are wrong corrected, but they do un- The American people have never well. derstand that this hysteria gets to be a given in to hysteria. That is why we The State of Indiana is proud to be little political sometimes. We need to have a body of government that has home to such an extraordinary edu- all look at ways to improve how mon- lasted almost 400 years. I ask that we cational facility. Rose-Hulman has a eys are funded, how the message is got- not give in to hysteria, that we not reputation for excellence, as evidenced ten out, how the media is utilized. And allow the media frenzy and the siege by the fact that 90 percent of its fresh- I would almost say that there needs to upon this Government to take over men return, 75 percent of them grad- be some ordering of how media, the from what we should be doing: dealing uate, and 30 percent go on to graduate electronic media, the print media is with NATO enlargement, national se- school. Its admission standards have utilized so the voting public can under- curity, dealing with the drug drudgery resulted in the average SAT scores of stand who the candidates are and that that is plaguing our society and young Rose-Hulman students being the high- the average man and woman and young people, dealing with children’s health, est of any college or university in the person will have the opportunity to run Medicare and Medicaid, the budget. State of Indiana; 90 percent of its fresh- for public office and in particular a po- Campaign finance reform, let us do it men place in the top 10 percent of their sition in the U.S. Senate or the U.S. with reason and fairness. Let us do it high school graduating classes. House of Representatives. with equality and opportunity for all. The student-to-faculty ratio is 12 to That is what the Founding Fathers, f 1, which is further evidence of the ex- and I hate to say there were no found- ceptional standards and focus on teach- ing mothers, intended. They wanted ON CUBA ing and learning in this institution; 95 the average layman, the farmer, they The SPEAKER pro tempore. Under a percent of the remarkable faculty at wanted the printer, they wanted the previous order of the House, the gentle- Rose-Hulman hold the Ph.D. degree. local philosopher to have the oppor- woman from Florida [Ms. ROS- These and other factors have placed tunity to be in the United States Con- LEHTINEN] is recognized for 5 minutes. Rose-Hulman among our Nation’s fin- gress. That is what I believe is right. Ms. ROS-LEHTINEN. Mr. Speaker, est educational institutions, a model Is there something to having guests tomorrow marks the first anniversary for the Nation and the world in teach- at the White House? Well, I might add of the signing into law of the Cuban ing, research, and service, and a deserv- that many of our early Presidents sim- Liberty and Democratic Solidarity ing recipient of the 1997 Theodore ply opened the doors and said, bring Act, better known as the Helms-Burton Hesburgh Award from the American them off of the streets and let them law. Council on Education. stay here. It is the people’s house. And This historic legislation set a prece- f if there needs to be some corrections dent for the protection of the property made on how it is utilized, so be it. But CAMPAIGN FINANCE REFORM rights of all Americans. It tells foreign do not deny the first family the oppor- investors that if they traffick in ille- The SPEAKER pro tempore. Under a tunity to entertain their guests or gally confiscated American property in previous order of the House, the gentle- maybe to say, come on in, my neighbor Cuba, they will be subject to lawsuits woman from Texas [Ms. JACKSON-LEE] and my friend, to visit. in American courts and may be denied is recognized for 5 minutes. I do support campaign finance re- entry into our country. Ms. JACKSON-LEE of Texas. Mr. form. But I think we are wrong to be As a secondary goal, the law targets Speaker, we have had a very active engaged in hysteria. I think we are the reduction of foreign investments in weekend and likewise very active sev- wrong to suggest that individuals who Cuba which the Castro regime has been eral weeks. The whole issue has been come here are bought and paid for. I using to reinforce its totalitarian state around the horrors and hysteria of think we are wrong to take a litmus since the downfall of the Soviet Union campaign finance reform or campaign test and not really to get to understand and the end of Soviet subsidies. finance offense. Let me first acknowl- the 435 persons in this House and the b edge, Mr. Speaker, that Members of the 100 persons in the Senate and, yes, the 1815 U.S. Congress, from my perspective, President of the United States who On both respects, Mr. Speaker, in come here to work and work on behalf comes here truly committed to doing protecting American property rights of their constituents. They hold near what is right for the citizens of the and in reducing the hard currency ob- and dear the Constitution of the United United States of America. tained by the Castro dictatorship, the H852 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Helms-Burton law has been effective. Moreover, the companies do not have House tonight to say not to weaken, Indeed, it has been a success. to worry about bothersome workers’ not to cave in to the Ambassador, not Despite the decision by the Clinton rights, including the right to form to cave in to interests, trade interests administration to waive title III of the labor unions, and there are no health or other interests, and put them before law, which is the provision that grants standards nor environmental stand- the only interests we, as representa- U.S. citizens the right to file a lawsuit ards. Castro has one mission, obtain tives of the people, should be represent- against those investors who traffic in foreign currency, and he will do it by ing in the people’s House, and that is their property, the Helms-Burton law sacrificing the Cuban worker, or any- the safety of our children, the safety of has had a significant chilling effect on thing else that he has at his disposal. our schools, the safety of our streets the level of foreign investments flow- While Helms-Burton has undoubtedly and the very security of this Nation ing to the Castro regime. served its purpose so far, disappointing that I think is at jeopardy with the Even top officials of the Castro re- has been the reaction of our allies, par- current situation. gime have asserted the damaging ef- ticularly Canada and the European Now, the question before us is wheth- fects of Helms-Burton on Castro’s slave Union. The European Union has al- er Mexico is helping to eradicate and economy. ready filed a ridiculous and irrespon- stop the flow of drugs. Let me talk not Dozens of companies have pulled out sible challenge to Helms-Burton before about what I know, but the facts that of Cuba following the implementation the World Trade Organization. Appar- we have gathered and what others have of the law. Some of them included Bow ently our European friends believe that said. Valley Industries of Canada, Grupo our Nation has no right to determine Mr. Speaker, I serve on the Sub- Vitro of Mexico, Guitart of Spain, and our own foreign policy. committee on National Security, Inter- Pemex of Mexico, among others. Even more shameful has been the be- national Affairs, and Criminal Justice Other firms, like British BAT and that does the oversight on our national Beta Gran Caribe and Heenan Blaey of havior of Canada, a nation that has sacrificed its long reputation of pro- drug policy. Just prior to the certifi- Canada put their operations on hold to cation in the House of Representatives, reassess their commercial and legal moting human rights and democracy in favor of making a quick profit off of I was stunned, as a member of that risks under Helms-Burton. committee, to hear Tom Constantine, Also, Grupo Domos, the large Mexi- stolen property and the exploited the head of our Drug Enforcement Ad- can telecommunications conglomerate, Cuban worker. ministration, the head of DEA, when recently announced plans to withdraw On a recent visit to Canada to lam- he came before us just days before this its offer to create a joint venture with bast the Helms-Burton law, Canadian the Cuban regime to rehabilitate the Foreign Minister Lloyd Axworthy administration certified Mexico. What Cuban domestic telephone system. highlighted the signature of an agree- did he say? Let me quote. ‘‘There is not Grupo Domos, which last year, along ment with the Castro regime support- a single law enforcement institution in with the Cuban Government, an- ing the protection of human rights. At Mexico with whom DEA has a trusting nounced with great fanfare this con- almost the same moment that fake relationship.’’ tract, failed to obtain the necessary fi- document was signed, dozens of dis- Those are his words, not my words, nancing to cover its obligations under sidents and independent journalists words before Congress about who we the agreement. were being rounded up by Castro’s can trust with cooperation. I was Perhaps the most damaging effect thugs. stunned today to hear the Ambassador has been on Castro’s ability to finance Helms-Burton has been a success, and from Mexico tell me that a level of co- Cuba’s sugar crop, one of the regime’s we will not wait in our attempts to operation unprecedented exists. Well, main sources of hard currency. making sure that property rights of how can a level of cooperation exist Last fall the Dutch bank, ING, pulled American citizens will be protected. when the DEA head says that there is not a single law enforcement institu- its financing of equipment destined for f tion in Mexico with whom DEA, our Cuba’s sugar harvest. As a result, the The SPEAKER pro tempore (Mr. Cuban sugar harvest is expected to be chief law enforcement in the drug war, STEARNS). Under a previous order of has a relationship? below what was expected before. the House, the gentleman from Indiana The report states that top Castro of- Assistant Secretary of State Robert [Mr. SOUDER] is recognized for 5 min- ficials fault the Helms-Burton law as Gelbard came before our committee, utes. the cause of the problems for the re- again just days within this certifi- [Mr. SOUDER addressed the House. gime. cation by the administration, and said, Helms-Burton has helped reduce the His remarks will appear hereafter in ‘‘There is persistent and widespread of- growth of Castro’s slave economy, thus the Extensions of Remarks.] ficial corruption throughout Mexico.’’ weakening the regime’s ability to hold f And then today the administration sent folks up here to lobby us not to on to power. MEXICO DOES NOT DESERVE Let us remember that before the decertify Mexico. CERTIFICATION Helms-Burton law took effect, foreign Now, I know trade is important in investors were free to profit from le- The SPEAKER pro tempore. Under a our relationship with Mexico. It is im- gitimate American property stolen by previous order of the House, the gen- portant and there is probably billions Fidel Castro in order to exploit the tleman from Florida [Mr. MICA] is rec- of dollars at stake here. But there are Cuban worker, who enjoys no rights ognized for 5 minutes. the lives of our young people, the safe- and no freedoms. Mr. MICA. Mr. Speaker, I come be- ty of our streets. Our senior citizens Castro’s economy was described by a fore the House tonight to talk about cannot sleep in their own beds at night Canadian business journal as a pot of the question of whether or not the because of fear of being broken in by gold at the end of the rainbow. And House should certify Mexico or decer- someone. why not? In Cuba’s slave economy, the tify Mexico. Just look at the statistics. At least one in which many of our allies will- As my colleagues may know, the ad- 200 tons of cocaine entered the United ingly and immorally participate, Cas- ministration just recently certified States from Mexico last year. That is tro profits while the Cuban worker suf- Mexico as being cooperative in trying 70 percent of the cocaine. This used to fers. to stem the flow of drugs and illegal come through Colombia, now it comes Once foreign companies are approved narcotics from that country under a through Mexico. In testimony before by the regime for investments, the certification law that, as a staffer in our subcommittee it was stated that Cuban Government selects the workers the other body some years ago, I had a just a small amount a few years ago of who will labor in the industry. The chance to help develop. brown heroin came through Mexico. Cuban Government collects the work- Today, we have seen around the Cap- Now, 30 percent of all the heroin that is er’s wages in dollars, estimated at itol, scurrying around the Capitol killing our children and our people is about $2,000 a month, and then pays the Building, the Ambassador from Mexico coming through Mexico. Over 150 tons worker in worthless Cuban pesos, about and various lobbyists on various sides of methamphetamines that are de- $10 a month. of the issue. But I come before the stroying young people in the Midwest March 11, 1997 CONGRESSIONAL RECORD — HOUSE H853 and the West, and heading toward the child in four in the United States is b 1830 East Coast, and has become the new now covered by Medicaid. The percent- A guarantee of quality accessible drug of choice, is coming through Mex- age of children with private insurance health care for every child cannot be ico. reached the lowest level in 8 years: 65.6 the full answer to the question, but we Mexico has failed to cooperate. They percent. must give our children nothing less. have failed to extradite. They have How do we describe the emotion of failed to put radar on their borders. seeing a child suffering a severe asth- f They have failed to allow our DEA ma attack; turning blue while their agents to go there. They have denied chest and stomach attempts to SOCIAL SECURITY allowing our DEA agents to protect breathe? Yet more than half of the un- themselves by arming themselves. insured children with asthma will not The SPEAKER pro tempore [Mr. They have also subverted our attempts see a doctor this year. Some of them STEARNS]. Under a previous order of to have a solid maritime agreement. will die from asthma, a preventable the House, the gentleman from South They have also left vetted units, which disease. Carolina [Mr. SANFORD] is recognized we have trained in Mexico City. How do we describe the cries of a for 5 minutes. They are not doing the job. They do child with an ear infection? Only a par- Mr. SANFORD. Mr. Speaker, I had not deserve our certification, and they ent knows the feeling of helplessness the good fortune this past weekend of deserve this week to be decertified for that comes when you cannot relieve going to the bipartisan retreat in Her- these actions. your child’s pain. Yet one-third of the shey, PA. There we discussed many is- sues, many problems common to the f uninsured children with recurrent ear infections never see a doctor. Many Congress, but one thing that we did not The SPEAKER pro tempore. Under a suffer permanent hearing loss. discuss was a thing called Social Secu- previous order of the House, the gen- Only 75 percent of preschoolers are rity. tleman from Georgia [Mr. KINGSTON] is getting the recommended vaccinations. What is interesting about this issue recognized for 5 minutes. Some 1 million still need one or more is that not only is Congress not talking [Mr. KINGSTON addressed the House, doses. In many of our big cities, like about it right now but the White House His remarks will appear hereafter in Chicago, the immunization rate is less is not talking about it. Yet by any- the Extensions of Remarks.] than 65 percent. body’s definition, Social Security is on f What shall we give our children? its way toward bankruptcy because what the trustees have said, and let me The SPEAKER pro tempore. Under a Twelve percent of child deaths are excess deaths. Excess is the medical say that again, what the trustees have previous order of the House, the gen- said, not what Republicans have said, tleman from California [Mr. term meaning that these deaths were preventable. How can a Nation such as not what Democrats have said, not ROHRABACHER] is recognized for 5 min- what Ross Perot has said, but what the utes. ours accept 12 percent excessive deaths? trustees have said is that if we do noth- [Mr. ROHRABACHER addressed the What shall we give our children? ing, Social Security will go bankrupt House. His remarks will appear here- Almost 45 percent of all 3- and 4-year- in 2029 and it will begin to run deficits after in the Extensions of Remarks.] olds from low-income families partici- in 2012 such that either current bene- f pate in center-based care. By every fits have to be cut by about 14 percent measure of health care status, low at that time or payroll taxes have to be UNITED STATES ONLY ADVANCED birth weight, prematurity, infant mor- raised by about 16 percent. NATION NOT TO PROVIDE tality, likelihood of injury, malnutri- Any of the young folks that I talk to HEALTH CARE FOR ALL ITS PEO- tion, incidence of infectious disease, say, ‘‘I don’t like the idea of payroll PLE poor children fare worse than any oth- taxes going up by another 16 percent.’’ The SPEAKER pro tempore. Under a ers. However, only Head Start rou- Any of the older folks I talk to say, previous order of the House, the gen- tinely provides preventive health and MARK, the idea of cutting benefits by 14 tleman from Illinois [Mr. DAVIS] is rec- dental care treatment. percent is just not acceptable.’’ ognized for 5 minutes. It is estimated that the $54 billion And so what you are struck with is, Mr. DAVIS of Illinois. Mr. Speaker, cut from the safety net last year will is there another way out? I think that today, like every day in America, 788 push more than 1 million additional brings us to some very good news that babies will be born at a low children into poverty and millions there is another way out because what birthweight. They will start life at more will be pushed even deeper into has been tried in a host of places risk. We rank 18th in the industrialized poverty. around the globe, whether it is in a world in the percentage of babies born The poet June Jordan warned us number of countries in South America at dangerously low birth weight. ‘‘Our children will not survive our hab- or whether it is with changes being Let me put it another way: No indus- its of thinking, our failures of the spir- made in Australia or with changes trialized country in the world does it.’’ If all of the promise of democracy being made in Great Britain or in a worse. Our infant mortality rate is 8.4 is to mean anything, if all of the in- number of countries or even States per 1,000 live births. We rank 18th in credible wealth we have accumulated is within our own country, what folks the industrialized world in infant mor- to mean anything, if all of the work, have tried is the idea of personal sav- tality. the struggle, the suffering, the dream- ings accounts. When you switch from a Sometimes it takes a poet to put our ing, the devotion that make this coun- system of sending your money to feelings into words when we hear such try what it is today is to mean any- Washington and then hoping it comes statistics. Gwendolyn Brooks, poet lau- thing, then we must answer the ques- back 30 or 40 years later to instead a reate of Illinois, penned this question: tion: ‘‘What shall we give our chil- series of personal savings accounts, ‘‘What shall I give my children who are dren?’’ wherein it is a public-private partner- poor, who are judged the least wise of Let us give them a chance. Let us at ship, it is still a mandatory savings, it the land?’’ least make their health a right and not is still watched by the Government. Mr. Speaker, we keep asking the a privilege. Let us make sure that in Again, if one wants to, I guess, go gam- question, ‘‘What shall we give our chil- this Congress every child will have ac- bling, you would go to Las Vegas, you dren?’’ We are the only advanced Na- cess to quality health care when he or would not use these accounts, so it is tion in the world that does not provide she is sick, regardless of the ability of controlled, but by having money in health care for all of its people. their parents to pay. Let us make sure your own personal savings accounts, a According to the GAO, some 10 mil- that every mother receives prenatal number of very good things seem to lion children, 1 in 7 in the United care regardless of ability to pay. Let us happen. One is that you save Social Se- States, are uninsured, the highest level make sure that every child receives curity because again by the trustees’ since 1987, before Medicaid expansions preventive care regardless of the abil- own numbers, the current rate of re- for children and pregnant women. One ity of their parents to pay. turn for most people out there working H854 CONGRESSIONAL RECORD — HOUSE March 11, 1997 today and paying into Social Security Again what we need to begin talking thing about the growing number of is 1.9 percent. If you let somebody earn about is a way of transitioning from children who do not have any kind of more than 1.9 percent on their retire- Social Security and leaving seniors health coverage at all. ment savings, then consequently they alone. I do not think we should ever With respect to stories in the news- end up with more at the end of the day yank the rug out from underneath sen- papers, and they continue to grow, in and can retire with more, again have iors, but again transitioning to a sys- yesterday’s USA Today there was a more each month day in and day out in tem that would allow young people the lead story on the front page which real- their retirement years which is what I choice. ly did a very good job of outlining the hear from most people working today f problem with the 10 million kids in the as something that they would very country that lack health insurance. HEALTH INSURANCE FOR much like. The article talks about various propos- Another benefit that I think is worth CHILDREN als floating around the Congress that mentioning is that you can choose for The SPEAKER pro tempore. Under address the problem. It provides many you when you want to retire. In my the Speaker’s announced policy of Jan- details about the nature of the prob- home State of South Carolina, we have uary 7, 1997, the gentleman from New lem, including the observation that 86 a fellow by the name of STROM THUR- Jersey [Mr. PALLONE] is recognized for percent of uninsured children live in MOND who wants to work until he is 60 minutes as the designee of the mi- families with one working parent, 63 100. I say go for it. Yet I have got a lot nority leader. percent live in two-parent families, of other friends who say, ‘‘You know, Mr. PALLONE. Mr. Speaker, for sev- 500,000 of the uninsured are infants work is fine, MARK, but fishing is even eral weeks now I have been coming to younger than 1 year old, and 65 percent better. I would like to retire when I’m the House floor on a daily basis to talk live in families with annual incomes of 50.’’ about the need for this Congress to $25,000 or less. A lot of interesting in- With a personal savings account, you enact legislation that would ensure formation here that shows increasingly could do that. Why should a Congress- every child in the country has access that this is a problem that affects pri- man or a Senator or a bureaucrat in to health insurance. Many of my state- marily working families, two-parent Washington choose for you when you ments have focused on how the Repub- families, people whose incomes are not want to retire? Yet with a pay-as-you- licans were blocking progress on the as low as one might expect. go system, that has to happen, because various Democratic proposals to pro- Another disturbing trend noted in for one person to retire early while the vide health insurance to the Nation’s this article and others within the last other person was working would mean 10 million uninsured children. I stress few weeks is the decline in employer- one person subsidizing the other and that again, 10 million uninsured chil- based coverage. Between 1985 and 1995 that could not happen. dren in this country. the percentage of children covered by Or, for that matter, another benefit, It is now 3 months into the 105th private employer-based coverage has I think, of personal savings accounts Congress and literally we have really dropped 12 percent, from 65 percent to would be moving it off the political barely done a thing. Today was just an- 53 percent. This decline in worker- playing field. Right now seniors very other indication of that. Just last based coverage is an indication that intently listen to all those political ads week, the House Republicans basically working parents are finding it increas- as one politician points his finger at put together an agenda. It appeared in ingly more difficult to purchase insur- the other saying what the other one is the Washington Times, and I talked ance for their children. going to do with his Social Security about it a little bit this morning. I think a lot of people increasingly, check for good reason and, that is, Again, much of this agenda is just a re- or many people think that if you are Washington controls it. If you move hash of what the Republicans had been working, particularly if both parents that control out of Washington again talking about since they took control are working, that they are going to be back to the individual, you would not of the Congress back in 1994. covered through their employer by a have to listen to those ads. Most importantly, nowhere in this health insurance policy for the kids. Another great benefit again of per- 12-point agenda is there a plan to pass Increasingly, that is simply not the sonal savings accounts. Let me stress a health insurance plan or a health case. here, what we are talking about is a coverage plan for children. Despite the The article in USA Today also pro- voluntary program. I do not believe fact that these 10 million children re- vides examples of those struggling to that you should go out and yank the main uninsured, despite the fact that live without health coverage for their rug out from underneath seniors. What the congressional Democrats have ex- kids. I like to use examples because, as we are talking about is leaving Social pressed a willingness to work with the much as we talk about statistics, it is Security the way it is for people that Republicans to fashion a bipartisan always better to have specific examples are retired and simply giving people agreement, the GOP still could not find where you can bring the problem down the choice. If one wants to stay on ex- it in its heart to make children’s and show how it affects an individual. isting Social Security, do that and if health insurance a congressional prior- I wanted to mention in the USA you do not, that is fine, too. But by ity. Today article a person named Dee doing that, another one of the benefits I do not know why they left this out Sweat of Liberty, MT. She works at a would be saving more. We have a very of their agenda. I find it truly disturb- salary of $14,000 a year. She does not low savings rate in this country. It is ing. I will continue to mention it. Over have health insurance for her 15-year- around 3 percent. In China it is around the last several weeks there has been a old daughter. Paying out of pocket, in 40 percent. In Singapore it is in the mid steady stream of studies, visits by chil- the last year she paid $1,700 or 12 per- 30’s. In Chile it is about 30 percent. It dren’s organizations, and media reports cent of her yearly salary for medical is actually about 29 percent. A host of detailing the problem with the lack of treatment for her daughter. She has places around the globe have higher health insurance coverage for children. not been able to take her daughter to savings rates which means that they Yet, still nothing from the Republican the dentist for 5 years. Five years with- can invest more in, whether it is a leadership. out going to the dentist. I repeat that. chain saw or whether it is a plant that This week we had 4 different chil- She simply cannot afford health insur- makes American workers more produc- dren’s organizations, the March of ance. I wonder how many in this body tive, and that is something that we Dimes, the Children’s Defense Fund, have gone 5 years or would even con- need to be cognizant of and watch out the Child Welfare League, and the Na- template letting their children go 5 for. tional Association of Children’s Hos- years without going to the dentist. Again, this is not anything that is pitals, had been and are still making The working parents that are men- going to happen anytime soon in Con- visits to congressional offices all over tioned in this USA Today article, who gress. It is not even being talked about the Capitol. They are not limiting oftentimes earn too much money to in Congress. But I think for us to avoid their visits to Democratic officials. qualify for Medicaid but not enough to the avalanche that is coming our way, They have, Mr. Speaker, been urging afford health insurance for the kids, we need to begin talking about it. all Members of Congress to do some- are the individuals the Democrats are March 11, 1997 CONGRESSIONAL RECORD — HOUSE H855 essentially trying to help. If you and b 1845 own rather than through an employer, your children qualify for Medicaid, we Well, I think it is important when I and, as many cannot afford these costs, will work to get you enrolled. For continue to talk about the problem of the children go uninsured. those who do not, we will continue our Nation’s children, or 10 million of So if a parent is not able to tap into working to convince the Republicans them not being insured, that I have to a health insurance policy for their kids that the time to act is now. basically say what we would do about through their employer, you can see Every day that goes by is a day that it; what would be the outlines, if you the level of a premium up to $6,000 a another parent stays up late at night will, of a children’s health bill. And ba- year or more and why that would sim- suffering through the hard reality of sically if you think about the basic ply be unaffordable for somebody un- not being able to provide for a sick principles the Democrats have been less they are making a very large sal- child. As a parent myself, Mr. Speaker, talking about, we have been saying ary. I can think of few things that could be that a children’s health proposal must Why is it crucial to help working par- more difficult to confront. first make health insurance available ents buy health insurance for their In the coming weeks, Democrats will for every uninsured child up to at least children? And again this gets into the be redoubling their effort to jump-start age 18; second, make insurance gen- whole issue of prevention and how pro- this process. We have asked Speaker erally affordable for all families; third, viding health insurance for kids in the GINGRICH for a date certain for consid- give all uninsured children access to long run would be saving the govern- eration of legislation that would en- policies that provide for the range of ment money. sure that every child in America has appropriate benefits; fourth, provide Uninsured children are at risk of pre- health insurance. for prenatal care for uninsured preg- ventable illness. Most families with un- insured children live from paycheck to I just wanted to talk a little bit nant women; and, last, build on, not re- paycheck with little room to spare in about the issue and about what I think place, the current employer-based sys- the family budget. Many such families should be the basic principles of a kids’ tem, Medicaid and public private pro- must choose between paying the full health insurance proposal. As far as grams that already exist in a number costs of prescriptions or doctor visits the issue is concerned, the figure of 10 of States. for an uninsured child and other basic million American children has been The Children’s Defense Fund has family needs, including food and util- mentioned several times. The number done an excellent job of putting to- ity bills. So they are sitting there in of kids with no health insurance cov- gether a fact sheet that basically gives the house deciding if they are going to erage reached an all-time high of this some further details about the nature pay for health insurance versus the 10 million figure in 1994, according to a of the problem, and I do not want to rent versus utilities versus putting recent General Accounting Office re- read the entire fact sheet, but I just food on the table. Essentially it is a port, and that is one out of seven chil- wanted to highlight some of the things game of Russian roulette with their dren. that they brought out because they have been going around visiting with children’s health, delaying care and Again, the problem is getting worse. Members of Congress this week, as I hoping that no harm results. According to the Children’s Defense mentioned before, and I think they ba- Again some information about the Fund, 3,300 kids get dropped from pri- sically summarized the nature of the children with untreated health prob- vate health insurance coverage every problem very well. lems. They are very much less likely to day. If this trend continues, there will What they have been saying again is learn in school. Many children with be 12.6 million uninsured children by the fact that Medicaid helps the poor- undiagnosed vision problems do not get 2000. est children, but that millions of work- glasses and cannot even see the black- Again, this is a problem of working ing parents in the middle cannot pro- board. Children in pain or discomfort families. Nine out of 10 children with- vide their children with health insur- may have trouble concentrating. I out insurance have working parents. ance. guess that is obvious. If lead paint poi- Medicaid helps the poorest children, Again, why are these 10 million chil- soning is not detected and treated and families who are well off can afford dren uninsured? Because a lot of people early, children can suffer permanent private coverage. But millions of work- are saying to themselves, you know, mental retardation. Certainly the Fed- ing parents are trapped in the middle, how is it that they fall through the eral Government has addressed the unable to afford health insurance for cracks? Why are they uninsured? And issue of lead poisoning from paint and their kids. Again, many of these par- what we are finding is that increas- its impact on children, but again with- ents, I am sure, are staying awake at ingly, again, it is the problem of work- out health insurance, without regular night worrying about what would hap- ing parents. checkups, it will not be detected. pen if their child fell seriously ill. Since 1989, the number of children And finally taxpayers save money Also, what we really need is prevent- without private coverage has grown by when their children receive early pre- ative care. It may be that when a child an average of 1.2 million a year. In 1980, ventive care. Each dollar invested to gets very sick, that they can go to the the majority of employees at medium immunize a child saves between $3.40 emergency room and have access to and large companies had employers and $16.34 in direct medical costs. Nine care. But children deserve to see fam- who paid the full costs of family cov- months of prenatal care costs $1,100. ily doctors and not go to the emer- erage. By 1993, more than three-fourths One day of neonatal intensive hospital gency room. Many children without of these employees were required to care for a low birth weight baby costs health insurance never see a family help pay such costs. Most employers $1,000. On average hospital costs for a doctor. The only time they get health now require large payments for family low birth weight baby are 10 times the care is when they are so sick that they coverage. For health insurance that cost of prenatal care. need to be taken to the emergency covers the entire family the average Just an example, and again this is room, where they often get treated for employee must pay over $1,600 a year, from the Children’s Defense Fund, medical conditions that could have $1,900 in small companies. And when when one rural county in Florida pro- been prevented through regular care at families cannot pay these costs, basi- vided all children and pregnant women much less cost. cally their children go uninsured. access to outpatient health care, the For those who talk about the cost, I Other parents work for employers who rate of premature births dropped by 39 think they have to continue and should offer no health coverage. Self-em- percent, the percentage of children re- realize that in the long run the lack of ployed, part-time or temporary work- ceiving checkups doubled, and emer- preventative care, the lack of having a ers, independent contractors and par- gency room visits were cut by nearly 50 child being able to visit a doctor on a ents working for very small businesses percent. In every industrialized coun- regular basis, in the long run only or service sector companies often have try children get better health coverage costs more when the child gets sick employers who offer no health insur- than in America in terms of the per- and has to have more serious care that ance. Parents also must pay very high centages that are actually covered. involves hospitalization or other kinds prices, $6,000 a year or more, if they Every other industrialized country pro- of institutionalization. buy family health insurance on their vides health coverage to all its people. H856 CONGRESSIONAL RECORD — HOUSE March 11, 1997 America does not even cover all its Congressman from Minnesota, and urge Government, and we want there to be children. The United States ranks the President to work with us using some checks and balances, but what eighteenth in overall infant mortality. the same economic assumptions, meet- they also said is they want us to work Only Portugal does worse. If the United ing the requests made by the Congress together as much as we possibly can. States matched Japan’s infant mortal- following the number of elections and And one of the valuable things, I ity rate, more than 15,000 American ba- producing a budget that responsibly think, that came out of Hershey is we bies who died before their first birth- balances our budget by the year 2002. now, all of us who were there at least, day in 1994 would be alive. And the Once we can see where the President’s have a little better understanding of a United States ranks eighteenth in the priorities are in the free market of a sense of history, and if you look at this percentage of babies born at dan- balanced bucket then we can begin a institution, the House of Representa- gerously low weight. No industrialized civil debate over the policy differences tives, there have been some rather country does worse than that. among the various proposals. bloody fights on this House floor. I Now again I do not want to keep I just want to say at the outset that mean there have been Members who coming up here and giving horror sto- my feelings are that having talked to have been caned, there have been fist ries and talking about all the problems Republicans and Democrats alike this fights, there have been arguments—— that we face because of the fact that past weekend, our issues of balancing Mr. FOX of Pennsylvania. The caning was in the Senate, the fist fights were the 10 million kids are not covered. But the budget, campaign finance reform, working on things like FDA reform, in the House. I think that the magnitude of this Mr. GUTKNECHT. But we have had improving our transportation and problem is such that if we do not do more than our share of fisticuffs that working on other issues of common something quickly and if this House were associated with the debate here and this Congress does not address the concern throughout the Congress cer- on the floor. We have also had periods problem fairly quickly, the problem tainly can be accomplished because the where there was consensus building, only gets worse, the costs only get bipartisan spirit that I felt and the cooperation, and much more agreement greater, and from a humane point of finding the common ground, I think, and ability to work together in a civ- view it simply is something that we was very special. ilized way. need to address, and so myself and You know for many of us, who may b other Democrats will be here on a regu- be one party or the other, we do not 1900 lar basis tomorrow, the next few weeks meet other Members of the aisle, the I think what will happen as a result or the next few months until our Re- opposite Members of the aisle, unless of what we saw in Hershey is hopefully publican colleagues on the other side of we are on their committee or we come both sides will begin to reach out to the aisle agree to take this up in a from their State. This particular re- the other side. I think in the end what timely fashion. treat gave us for the first time in a we really need to do is agree where we f long time a chance for us to meet on a can agree, have honest debate where we personal level other Members who we disagree. And I think the American REPORT ON RESOLUTION PROVID- do not serve within the same commit- people expect that, but I think they ING FOR CONSIDERATION OF tee or from the same State, and by also expect us to compromise where we HOUSE RESOLUTION 89, RE- that we are able to at least find com- can. QUESTING THE PRESIDENT SUB- mon ground, and while we do not want Mr. Speaker, I would hope that over MIT A BALANCED BUDGET anybody to give up their principles, we the next several months and over the Mr. SOLOMON, from the Committee do not want anybody to give up their balance of this 105th Congress we will on Rules, submitted a privileged report agenda, we do want to make sure that see more civilized debate. There has (Rept. No. 105–18) on the resolution (H. we, as Members of Congress, will al- been entirely too much trivializing, too Res. 90) providing for consideration of ways remain civil, Mr. Speaker, and to much demonizing, too much personaliz- the resolution (H. Res. 89) requesting make sure that we can do more and be ing the debate that occurs on the floor the President to submit a budget for more productive because we give the of this House. We are going to have an honest dis- fiscal year 1998 that would balance the mutual respect they each deserve. cussion tonight about the budget. We Federal budget by fiscal year 2002 with- I wanted to ask CONGRESSMAN obviously have a somewhat different out relying on budgetary contin- GUTKNECHT, who was an active partici- view of the President’s budget and the gencies, which was referred to the pant at the conference, what his im- need to balance the budget perhaps pressions were before we get into the House Calendar and ordered to be than some of our colleagues. I brought issues of balanced budget and other printed. with me some charts, and I am going to f items that are on your agenda, and I walk down there in a few minutes, and know how active you have been on A POSITIVE AGENDA FOR THE we are going to talk about what the your committee work, GIL. Could you 105TH CONGRESS President has proposed, what we might tell a little bit of what your impres- dispose. But I think most importantly The SPEAKER pro tempore. Under sions were of the retreat and whether we need to talk about, what does this the Speaker’s announced policy of Jan- you thought it succeeded in achieving mean to the average American family? uary 7, 1997, the gentleman from Penn- the goals that it set out to begin with. What is this balancing the budget all sylvania [Mr. FOX] is recognized for 60 Mr. GUTKNECHT. Well, I would have about? Is it just some kind of an ac- minutes as the designee of the major- to say it this way, that I was one of counting exercise, or does it really ul- ity leader. those who was not all that eager to go timately impact real families and real Mr. FOX of Pennsylvania. Mr. Speak- along, and it was guilt that got me to Americans in homes and in the neigh- er, I thank you for the time for us to go to Hershey, PA. It may have been borhoods where they live? have this special order to speak not the chocolate that kept me there after Mr. Speaker, I think as we go only of the importance of moving the first several hours. But I must tell through and talk a little bit about this, ahead with a positive agenda for the you as the weekend went along it was I think we can demonstrate that this 105th Congress, but also I rise today in a very valuable experience, not only for really does have a dramatic impact not the spirit of the Hershey accords, the me, but I hope for my colleagues and, only on Americans today but, more im- achievements of our recent weekend in most importantly, I think, for the portantly, on Americans in the future. Hershey, PA, to join my colleagues in American people. We have some very serious problems, offering this special order. Probably I think that the American people but I think, if we approach them in a the most important bipartisan issue we sent us sort of a message in the last cooperative relationship, a respectful can address for the citizens of this congressional elections. What they said relationship where we can have a civil country is the balancing of the Federal in effect was that we want the Repub- and honest debate about the great is- budget. licans to continue to control the House sues facing our country today, then I I rise here today and will be joined by of Representatives and the Senate, but think both the Congress and the Amer- several of my distinguished colleagues, we want President Clinton, the Demo- ican people will have been well served not least of which is GIL GUTKNECHT, a crat, to run the executive branch of by what transpired up in Hershey, PA. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H857 I would just say publicly for the ben- be respected as well. So one of the out- budget, we all have to be speaking the efit of those who may be watching back comes that I think are going to hap- same language. So one of the things I in Pennsylvania, I know we cannot pen, we are going to find Members vis- think we need to get in agreement with refer to them, but I would like to iting in those other regions. So while I the White House on over the next cou- thank them and all the folks from am talking about how important mass ple of weeks is what are the assump- Pennsylvania for everything that they transit is to the East so we do not have tions we are going to use. put into the weekend, because they mass gridlock, overloading the road- One of the things we could do, and I really did a wonderful job and showed ways and increasing pollution and try- learned this when I was in the State us tremendous hospitality. It was a ing to help us get more trains and legislature and served on the Pension beautiful setting, wonderful people. I those initiatives, I can understand the Commission, is that assumptions are think I gained about 4 pounds in 3 days, Midwest having some interest in agri- everything. If we assume an economic but it was just fantastic. culture programs, and over in the Pa- growth rate, for example, of 3.5 percent I would also just share one more cific Northwest and some of their envi- over the next 5 years, frankly you do thing that relates to Pennsylvania. I ronmental concerns. not have to make much in terms of reminded some of the folks who were in So we need to have this shared vision budget changes in terms of the spend- my group, and I intend to do a 1- for America where we all come to- ing side, because the economic growth minute tomorrow morning and talk gether and work as well as we can. will solve it. If we assume a very low about, among other things, one of the Mr. Speaker, I think in looking at interest rate, it has a dramatic impact things that Benjamin Franklin said. the balanced budget, in starting that on the deficit. As a matter of fact, we During the Continental Congress, there discussion tonight, I think that is were told by the Congressional Budget were some rather bitter and vicious de- something that the Republicans and Office in the Committee on the Budget bates that took place on the floor of Democrats need to work on. The Clin- a couple of weeks ago that, if interest those meetings. And after several days ton budget, I might say at the outset, rates change by one-quarter of 1 per- of very bitter rancor, debate going on leaves a deficit of $70 billion in 2002, cent, either up or down, it changes the in the Continental Congress, one morn- and it also, according to the Joint deficit by $50 billion over the next 5 ing Benjamin Franklin of Pennsylvania Committee on Taxation, is going to in- years. rose slowly at the back of the House crease taxes by $23 billion by 2002. So one of the things we want to do is Chambers and he said, ‘‘Let us for a Mr. Speaker, I am interested in hear- hopefully get the White House and the moment, Mr. Speaker, contemplate our ing the analysis of the gentleman from Congress to at least be using the same own fallibility.’’ Minnesota [Mr. GUTKNECHT] of the assumptions so that we are speaking Mr. Speaker, one of the things that Clinton budget as a starting point for the same language. As I say, then we we discussed in some of our sessions in this House to move on. And I hope that can have a civil and honest debate Hershey was that there are two things we will have the gentleman from New about which items we are going to in- that I think we need more of in this Jersey [Mr. SAXTON] join us, who is the crease and which ones we are going to body. One is a little more humility, chairman of the Joint Economic Com- reduce. and second is a little more humor. mittee, and I would hope that he could I yield to the gentleman from New Hopefully, we can bring that about in join us as well. Jersey. the coming days and weeks of this de- Mr. Speaker, if the gentleman from Mr. SAXTON. Mr. Speaker, I thank bate. Minnesota could start us on his outline the gentleman for yielding. First let Tonight we want to talk about the of the Clinton budget, I know it would me commend the gentleman from budget, what it means to average be a good starting point for tonight’s Pennsylvania [Mr. FOX] and the gen- Americans; talk a little bit about why discussion. tleman from Minnesota [Mr. the President’s budget leaves a little to Mr. GUTKNECHT. Mr. Speaker, I GUTKNECHT] for sponsoring this discus- be desired. It is a starting point but thank the gentleman. As I said earlier, sion tonight. If I may just ask the gen- something we have to work on with our we need to have an honest debate about tleman’s explanation of deficit in the colleagues here in the Congress and the numbers. Before we can have an Clinton budget. with the folks down at 1600 Pennsylva- honest and civil debate about the budg- The gentleman mentioned the scor- nia Avenue. I am going to move down et, we have to be speaking the same ing that takes place by two different here and turn it back to the gentleman language. We cannot have a debate agencies, the CBO and OMB. In spite of from Pennsylvania [Mr. FOX]. where I am speaking in German and the fact that they do different scoring, Mr. FOX of Pennsylvania. Mr. Speak- someone else is speaking in French and they both agree, do they not, that the er, I wanted to mention that for a first someone else is speaking in another deficit goes up initially and then falls bipartisan conference in Hershey I was language altogether. ever so slightly during the 1998–99 time very pleased to see 220 Members, both One of the problems we have in terms frame, and then during the last 2 years sides of the aisle being there. I think of our debate about the budget is we of the 5-year plan, the President’s 5- that augurs well for the future, when tend to be speaking in Congressional year plan, the deficit reduction that the next event I hope that we will have Budget Office terms, and the President takes place is about 70 percent of the three-quarters, if not seven-eighths of this year is speaking in terms of the total deficit reduction that takes place the House present. Not only was Office of Management and Budget. during the whole plan. So we are essen- Speaker GINGRICH there, but a Demo- They take different assumptions. tially, under this proposal, pushing cratic leader, minority leader, RICHARD Right now the Congressional Budget most of the deficit reduction off until GEPHARDT was there, which shows that Office has gone through the budget after the year 2000, when we then prom- this was a bipartisan effort. Those who that the President submitted, and what ise the American people we will get to came to the bipartisan conference cer- they have told us is that actually total it. Is that fair to say under both sets of tainly left with the idea that we are deficit goes up under the President’s scoring? going to do our part to raise the level plan in the first couple of years and Mr. GUTKNECHT. Mr. Speaker, of civility and professionalism and to then begins to come down; but even in under both sets of scoring, and I think make sure that we try to find a com- the last year of the President’s budget, that is an accurate point, both the mon ground without giving up prin- the year 2002, he is still about $69 bil- Congressional Budget Office and OMB ciples and without giving up important lion short. acknowledge that in the first year, and items on our agenda, not only in our Now, we do not really want to have a this is really the only budget that State, but in our country. debate about the Congressional Budget counts for this Congress, is the budget Mr. Speaker, one other item I think Office, who is more accurate, the CBO we are going to debate for fiscal year I should mention, a very important or the OMB or whomever, because I 1998, both would agree that the deficit thing, is we found out that we have dif- think sometimes the American people actually goes up this year, which in the ferent regional needs. The Midwest has do not understand that. But what I view of some of us is a step in the needs that the South does not need, hope they will understand is that, be- wrong direction, because we have been and the South has needs that need to fore we can have a debate about the moving in the right direction. Partly, H858 CONGRESSIONAL RECORD — HOUSE March 11, 1997 and let us give some credit, we want to of work and has been speaking out With those tax increases, he will give credit to the White House and to about fiscal responsibility when he ran make it harder for American families the economy and other things, but part for the office and in his early weeks to pull one end close enough to meet of it is that the 104th Congress did here as a Congressman has displayed the other. He barters our children’s fu- confront some of those spending issues. that kind of fiscal responsibility. I ture with tax increases and false prom- Mr. Speaker, we did make some real would like to call on Congressman ises of a balanced budget, ironically reductions in discretionary domestic COOK now, if he could give us some of while claiming to build a bridge to that spending, and it is showing some im- his thoughts on this issue and just future. pact. The deficit now is about half of where we should be going in this 105th The Democrats’ success in defeating what it was when Congressman FOX Congress on the balanced budget. the balanced budget amendment in the and I first came to Washington. As a Mr. COOK. Mr. Speaker, I really ap- Senate was a disappointment to many, matter of fact, it is less than half of preciate this opportunity to speak many of us and, I think, to the Amer- what it was when we first came to briefly on a subject that is very dear to ican people who hoped this year would Washington. me. As a longtime advocate of a bal- finally be the year when Congress made I would point out this other chart. anced budget and tax reform, I am not that tough decision. We must keep This again is according to the Congres- really happy about President Clinton’s faith with those Americans who must sional Budget Office, which is the offi- proposed 1998 budget. I think in many balance their own budgets and right- cial scorekeeper for the House and the ways this budget is a mockery of the fully expect Congress to do likewise. Senate, that the deficit will be about American people’s desire for a balanced We cannot approve yet another White $69 billion in the year 2002. budget and responsible spending in House tax-and-spend budget. If Presi- To get to the other point that the Washington. dent Clinton does not have the courage gentleman from New Jersey [Mr. President Clinton promised us a plan to begin whittling Federal spending SAXTON] made, 98 percent of the deficit that would balance the budget by 2002. down, I think while he is around to reduction comes in the last 2 years of However, as my colleagues have been take some of the heat himself, we do the President’s budget plan. That is saying, the Congressional Budget Of- have that courage. We made an agree- one of the concerns we have that is en- fice reports that Clinton’s budget ment, I think, with the American peo- tirely too heavily what we call would have a deficit of $69 billion in ple, an agreement that included fiscal backend-loaded. Actually, according to 2002. Under the President’s spending prudence and meaningful tax relief. the CBO, the increase in the deficit will plan, the budget deficit would even The idealism and confidence of those be about $24 billion more than it would drop to last year’s level of $107 billion promises are the reasons I wanted to have been if this Congress did nothing. until 2000. Between now and then, the come to Washington. I was proud to Mr. SAXTON. Mr. Speaker, it just deficit would balloon, to allow the come back here this year and stand seems to me, and this chart points it President to increase aid to foreign with those who in 1994 promised a bet- out even more clearly, I said that 70 countries and pad our welfare program, ter way. We have had a rough few years percent of the reduction takes place in six new entitlement programs. And he with the White House fighting every the last weeks of the last 2 years, and would increase welfare spending alone inch of progress in keeping our word to my colleague is saying that virtually by $21 billion over the next 5 years. the American people. Some who have President Clinton is proposing a all of the deficit reduction under the stood for this have lost their bids for budget that carries tax-and-spend ways President’s plan, 98 percent, takes reelection along the way. place during the last 2 years. It would through, I believe, the rest of his ad- But keeping our word is not about seem to me that, if we are going to be ministration, leaving the bulk of his our own political careers. It is not serious about deficit reduction and get- own deficit reductions for another about popularity in the polls. It is ting to a balanced budget, that we President to implement. Play now, pay about restoring integrity to govern- later. ought to start in earnest right away to ment. It is about once again deserving The American people expect better of make a serious step down of the deficit the trust of the American people. their President. This splurge now, Mr. SAXTON. If the gentleman will to take place beginning in 1998 and not starve later tactic, I think, is an of- yield on the one point that he made on waiting until the year 2000. Would my fense to our people who are really look- his mention of taxes, I think it is very colleague agree with that analysis? ing hopefully to Washington for the fis- Mr. GUTKNECHT. If the gentleman important to point this out, and I cal responsibility they yearn for from would yield back, that is one of the de- think the gentleman is right on, rel- their leaders. bates that we have had, and over the I am a strong supporter of tax reform ative to this issue, when we talk about last couple of years Congresses have and tax relief for struggling American balancing the budget. There are un- used what we called a manana budget. families. As a longtime proponent of doubtedly some in this Chamber, as ap- It is real easy to cut the budget after tax reform, I really question the Presi- parently the President is, apparently we leave office. So what we are really dent’s claim that he too wants to help at least partly in favor of tax increases concentrating on is what can we do in working American families when he to try to move toward a balanced budg- fiscal year 1998 to put us on a path to- heaps $23 billion in proposed permanent et. ward a balanced budget. tax increases on those families. I think it is a very foolish course to Mr. FOX of Pennsylvania. Mr. Speak- follow, because history shows that er, I think it is very clear that your b 1915 every time Congress has increased leadership and the leadership of Con- His promise of the family-friendly taxes, Congress has also seen fit to in- gressman SAXTON is needed to move us tax cut, the $500 per child tax cut, crease spending by $1.59 for every dol- forward to have a balanced budget. I would only be good for the next 3 years lar we have increased taxes. So in spite know that Congressman SAXTON is the if the economy does not perform the of the fact that we had tax increases in chairman of the Joint Economic Com- way he hopes it will. The much-touted 1990 and tax increases in 1993, in both mittee and has been trying to work to education tax credit would only apply cases, in a stated attempt to balance make sure we get that balanced budg- to families with children in college the budget, in both cases the deficit et, because by doing that, we reduce during the next 3 years on the same got worse. There are reasons for that the interest cost, whether it is for car basis. that I will not go into, but they had to loans, for mortgages, for student loans, President Clinton offers his tax do with the way the economy performs all of the items in life where we can breaks that last only while he is when we raise taxes and the way it per- make a cost difference for families around to take credit. Conveniently, forms in a positive way when taxes are back in our districts. That is what it is his tax increases, too, do not start reduced. all about. until after he leaves office, but unlike I happen to favor a version of the bal- Mr. Speaker, I would like to at this the tax breaks, they are very perma- anced budget amendment which cre- time to include with our discussion to- nent. Indeed, his proposed legacy of $23 ates a supermajority provision to raise night the gentleman from Utah [Mr. billion in tax increases will linger, I taxes. In other words, if we as an insti- COOK], who has been doing a great deal am afraid, decades after he is gone. tution decide that it might be a good March 11, 1997 CONGRESSIONAL RECORD — HOUSE H859 idea to raise taxes instead of cutting here to act, I am here to vote. I am part of the plan would be to increase spending to balance the budget, then here to do what the people of the 12th the deficit by $24 billion this year, and we ought to do it, in my view, with a District in central New Jersey sent me ultimately wind up with a 5-year plan, supermajority two-thirds vote. to do, to see a balanced budget within and that according to our official It makes imminently common sense our lifetime. I am absolutely commit- scorekeepers, the Congressional Budget to me, because history has shown that ted to do that. Office, that would actually leave us over and over and over again, this in- I am disappointed, yet at the same with a $69 billion deficit in the year stitution and the President have cho- time I am hopeful, because at least now 2002, my sense is that the voters would sen to try to control the deficit by in- within the administration there is at have been incensed. They would have creasing taxes. It has not worked. We least agreement that we need to bal- said no way. need to recognize that. The super- ance our budget. That is tremendous I want to point out, this is one more majority provision in the balanced progress from what we may have seen chart that describes what we are talk- budget amendment seems to me to be many, many years ago, where there ing about. In some respects it is like a one safeguard against the Congress was even a difference of agreement person who says I am going to go on a falling into that trap yet again. with regard to that. diet. I am going to lose 50 pounds. But Mr. FOX of Pennsylvania. Mr. Speak- So I am here to literally roll up my first I am going to gain 10 pounds. I er, I have to agree with the comments sleeves, to make the tough decisions will actually do most of the weight loss made by the gentleman from New Jer- now, over the next year or two, at least program in the last week of this plan of sey [Mr. SAXTON] and the gentleman within this term while I am serving the the diet. from Utah [Mr. COOK]. They are very people of my district. Back home in That is crazy. That is not the way poignant regarding the importance of New Jersey our State government, our the world works. That is not the way balancing the budget. county, our municipal governments, human beings work. Frankly, we know Mr. Speaker, I would yield back the our school districts, each are required that is probably not going to happen. balance of my time and ask the Speak- by our Constitution to have a balanced At least we have a start. er to consider making the Speaker’s budget. I think it works very well for I want to point out some other designee the gentleman from Wisconsin the people that I represent. things. I want to get the gentleman from New Jersey [Mr. SAXTON] back in- [Mr. GUTKNECHT] There are those I have even heard volved in the discussion as well. Today f that have said, at least in New Jersey, those that have opposed the concept the Secretary of the Treasury, Mr. BALANCING THE BUDGET and voted against balancing the budg- Rubin, came and testified before the The SPEAKER pro tempore. Under et, they have said that when they were Committee on the Budget. I wrote the Speaker’s announced policy of Jan- a local official in their community down some quotes of things that he uary 7, 1997, the gentleman from Min- that they balanced their budget. They said. I agreed with much of what he nesota [Mr. GUTKNECHT] is recognized did not add that the Constitution re- said today. I did not agree with his for the remainder of the 60 minutes as quires them to balance their budget, analysis, I did not agree with his final the designee of the majority leader. and if that requirement was not in ex- budget plan, but at least there were a Mr. GUTKNECHT. Mr. Speaker, I istence, I have to wonder and we all number of points that he did say that I really agree with. yield to my colleague, the gentleman would have to wonder whether that One of them, he said, was that we from the great State of New Jersey would be the reality. have an historic opportunity. I think [MIKE PAPPAS] who has joined the dis- So I am here just to add my voice to that is absolutely true. One of the un- cussion tonight to talk a little bit the chorus here on both sides of this fortunate things, and the gentleman about the budget and balancing the aisle that wants to see this budget bal- from New Jersey used the term ‘‘dis- budget and from his perspective as a anced. I want to, as I said earlier, roll appointing,’’ and I think disappoint- new Member of this body. We welcome up my sleeves, make the very, very ment is the right term. For the first him to this special order tonight and tough decisions that each of the people time in a very long time we have an hope it will not be the last time he will out there, throughout this country, electorate who wants us to make those join us. have to make every day. People elected tough decisions, we have a body politic Mr. PAPPAS. Mr. Speaker, I thank us to do that. They did not elect us to who has said we want to balance the my colleague for yielding to me. come up with a plan. budget, we have a President who says Mr. Speaker, I ran for Congress last It seems even in some of the commit- that he wants to balance the budget, year because I believe very strongly tees that I serve on, there are people and we have a Congress that is pre- that if we as a nation could not get our that talk about specific needs that pared to make the tough choices. Nation’s fiscal house in order, the fu- need to be filled for various segments Unfortunately, when we start with ture will not be as bright as it should of our population. Some of those things this kind of a plan, it makes the job be. Everyone in this city says they are I think have to be addressed today, or even tougher. That is why I think it is for a balanced budget, yet some of within the next year or two, versus disappointing. those same people opposed the bal- saying we have a plan and we are going He also said, and this is a quote: anced budget amendment, which would to project that in 10 years or in 8 years, Financial markets will punish bad behav- have forced both the administration that this particular need will be met ior and they will reward good fiscal behavior. and the Congress to do what every and that this particular program will It was interesting, because the Sec- American in this country has to do be initiated. retary previously had been, I believe, each and every year: balance their own It is great to have a plan, but the the CEO of Goldman Sachs, and they budget; that every small business per- plan is only as good as the paper it is recently put out a newsletter, an eco- son has to do each year, to balance written on. If we do not follow the plan nomic analysis of what was happening their budget. that the American people have ex- in Washington. The headline on this I think it is unfortunate that while pected us to do, or expect me to be part newsletter was ‘‘No Meaningful Fiscal they say they want to balance the of instituting, then I think we will Restraint Before the Millenium.’’ budget, they present a plan, a plan, not have failed. I do not think they want They go on to say, ‘‘The prospects for a budget but a plan, that sees the budg- us to do that. I do not want to do that, a balanced budget agreement remain et in imbalance to the tune of $69 bil- and I believe that the majority of the excellent. Republicans plan to use the lion. people, at least in this Chamber, do not Clinton plan as a starting point in the I can recall back in 1992 when Mr. desire to do that. construction of their own proposal,’’ Clinton was running for office, that he Mr. GUTKNECHT. I thank the gen- which I think is accurate. Then they said that he had a plan to balance the tleman for his comments. I would just say, ‘‘The bad news is that it appears budget in 5 years. Now we are in the share, just to follow up with some of increasingly likely that a deal will not fifth year of his administration, and those comments, that what the gen- result in meaningful fiscal restraint yet we are looking beyond to another 4 tleman was talking about, I think if until the next millenium. In the Clin- or 5 years when he is out of office. I am the voters had been told last fall that ton budget plan the fiscal restraint is H860 CONGRESSIONAL RECORD — HOUSE March 11, 1997 extremely backloaded,’’ which we have more money to spend on other things. point where we actually have a bal- pointed out. Here is the point: ‘‘This It means we can afford more homes and anced budget and every American fam- suggests that a budget deal will not cars. It means that families can afford ily will benefit through a program like have near term implications for the to send their kids to college. that, particularly when it comes, as conduct of monetary policy.’’ In the end, that is what this debate is you correctly point out, Mr. What does that mean to the average all about. It really is about improving GUTKNECHT, to interest rates coming family who wants to buy a new home the quality of life for American fami- down. and a new car? What it means is that lies. Mr. GUTKNECHT. And that affects interest rates probably will not come I wonder if Congressman SAXTON families. That affects their ability to down. As a matter of fact, they may go would want to jump back in here and buy, their ability to buy new homes, up. That goes back to the point that talk a little bit about the impact. You remodel homes. the Secretary made: Financial markets have probably studied the correlation I want to point out one other thing, punish bad behavior. They reward good between taxes and between spending I want to get Mr. PAPPAS back involved fiscal behavior. and budget balancing and interest in this discussion a bit, too, but this What does this mean to families? We rates and how it is going to affect fami- chart sort of shows some of the bad need to talk a little bit about that, and lies more than anybody else in the Con- news that we are, according to the Con- I want to get the gentleman from New gress. gressional Budget Office, we are still Jersey involved in this discussion, be- Mr. SAXTON. Mr. Speaker, I thank about $69 billion short under the Presi- cause he probably understands this bet- the gentleman for yielding on this dent’s plan in the year 2002. That is ter than I do, but it is a chart I want point. I think it is a very important sort of the bad news. But it gets worse. to show of what happens to interest one. Because if this chart were extended, rates. They mean a lot because it af- Obviously, a good part of what has and we are going to have to get this fects what people can buy. It affects caused the economic growth to take chart extended, if you just leave every- how many new homes are built and place, this growth period started in thing else the same, when people my how many new cars are purchased. 1991 incidentally, the last quarter of age begin to retire in about the year That affects how many new jobs are 1991, the growth that has taken place 2011, 2012, when we begin to really available, and good-paying jobs to the has been encouraged to a large degree make demands upon the Social Secu- people who need them. In the end, this by the Fed holding down short-term in- rity system, the Medicare system, and is really about how is it going to affect terest rates. And I think it is very im- other things, and as our income levels the American family. portant to recognize that that is one of begin to go into retirement mode, this This is an interesting chart. I think the factors that has caused the eco- chart begins to go right straight up. It it tells some interesting things. This nomic growth that we have sustained is almost like an F–16 taking off in a was November 1994, when I and 72 of my through that period of time to take completely vertical takeoff. colleagues became part of the Repub- place. While I think this chart is kind of lican majority, and we called ourselves It has been dampened somewhat, bad news, it gets a lot worse if we do the majority makers. You can see in- however, and I think most economists not get serious about solving Medicare, terest rates were trending up until the will agree that the tax increases that solving Social Security, a lot of those election day. Then they trended down occurred in 1990 and 1993 had just the underlying problems and begin to make all through 1995, until we got to where opposite effect. While the Fed was try- some modest changes today so we can the budget negotiations broke down. ing to hold down short-term rates to save the fund for the future. Then, guess what? Interest rates start- cause growth in the economy, at the I yield to the gentleman from New ed to trend back up. same time Congress put a damper or a Jersey [Mr. PAPPAS]. After the elections of 1996 and con- wet blanket on economic growth and Mr. PAPPAS. Mr. Speaker, I thank servative majorities were kept in the caused what I see as moderate, at best, the gentleman. I notice on the chart House and Senate, interest rates start- economic growth taking place. that it shows on the President’s plan ed trending back down. The President If we had not had the tax increases that the deficit begins to decrease introduced his budget, interest rates on the other hand and if the economy rather rapidly after or the last year of have trended up slightly since then. had performed in a more robust way, his administration or after that. The Maybe it is just coincidence, but I while interest rates were low, we cer- problem with that expectation is that think it is too great a coincidence. I tainly would have had more job oppor- is making certain assumptions about think money markets do watch what tunities. We would have had higher what the next administration would we do here in Washington. They do re- wages, in my opinion, and certainly a propose and what that Congress would ward good behavior and they do punish higher rate of growth in the economy dispose. bad behavior. generally. So interest rates have And those are assumptions that I Ultimately what this means—we played a very, very key role in this en- think could be rather dangerous if, want to talk a little bit about what a tire scenario. again, we are just working off of a balanced budget ultimately means to Aside from the Fed controlling to plan. Again, I think we have to do what the families. If we can balance the some degree short-term rates, long- we can do when we can do it. And today budget without raising taxes, a number term rates are controlled to a large ex- is the time that I believe that the peo- of the leading economists in this coun- tent by investor expectation. If inves- ple that we represent, each of us rep- try have said we can expect signifi- tors expect that inflation will be low resent, expect us to act. cantly lower interest rates. and if investors expect that we are I think the chart that you are dem- going to do our job and stop borrowing onstrating or displaying once again b 1930 on the Federal level to the extent that shows that the difficult decisions are As a matter of fact, we can expect we have and then they will expect that being passed on to the next President somewhere between 1.5 to 2 percent credit will loosen, then that expecta- and to a subsequent Congress. We are lower interest rates. That means a sav- tion causes long-term rates to come here to act now. And I think that if I ings of $1,230 per year on the average down as well, which is all certainly wrote back or if I was at a town hall home mortgage for a small home. For a very, very positive for job growth, meeting in my district and I told peo- larger home it can mean as much as growth in wages and growth in the ple that I am representing that you are $2,100, $2,160. On an average car loan, economy generally. going to have to reelect me three or we are talking about a difference of Our job here is to be partners with four more times before we are going to $180 a year; on a student loan, $216 a the Fed and the Fed has done its job start making some meaningful deci- year. That is real money. extremely well in controlling short- sions to bring that budget into balance, What that means is if American fam- term rates. Our job is to help control I do not think they would be very ilies have to spend less for interest, if long-term rates by doing the respon- happy with me. the Federal Government has to spend sible thing and moving in a steady de- Mr. GUTKNECHT. I might just point less for interest, it means that we have cline in terms of deficit spending to the out, too, that I was with some school March 11, 1997 CONGRESSIONAL RECORD — HOUSE H861 kids yesterday. One of the things, when what we still think we need to do in justment downward in the Consumer I am with school kids, I show them my order to accomplish the objectives that Price Index of 1.1 percent, as the congressional pin and this nice little we are talking about here tonight. We Boskin Commission suggested, means card case and this voting card, which suggested, for example, that the School at the end of 12 years every American one of our colleagues, I think 2 years Lunch Program that was growing at a taxpayer will be paying an additional ago, reminded me is the most expen- rate in excess of 10 percent, seems to $405 every year in taxes. sive credit card ever invented in the me it was growing at something like Mr. GUTKNECHT. I am glad that you history of human beings. And it is on 11.5 percent, every year we were spend- made that point. I certainly did not this credit card that previous Con- ing 11.5 percent more than we had want to suggest that we are going to gresses have run up about $5.3 trillion spent the year before, and we suggested eliminate important programs that worth of debt on those schoolchildren. that one way to begin to get a handle Americans count on. But I do want to I think it is very graphic when you on the huge increases that we had seen make the point that there is an enor- explain this to schoolchildren. I think in Federal spending that was driving mous amount of duplication, and there most Americans can relate to credit this deficit and national debt problem are a lot of programs that the Federal card debt. Every so often we read about would be to slow that growth rate down Government funds even today that are someone or we hear about a friend or a from about 11.5 percent, I think it was not necessarily effective. neighbor or maybe it is us where we to about 7 percent. And we suggested We have so much duplication, overlap get into trouble with our credit cards, similar kinds of things in many pro- between the States, the Feds, and so where we are charging more and we grams that had been growing at very forth. I think you also make a very have reached a point where we are hav- high rates across the board. ing more and more difficulty just mak- At the same time, during all those good point about whether or not we ing the monthly minimum and paying years, in real terms, we were reducing should tamper with the CPI for politi- the interest. The Federal Government defense spending. So we had a dis- cal or budget reasons. If we are going in some respects is like that person proportionate increase in some pro- to change the CPI, it ought to be done who is having some problems with grams and no growth at all in other by professionals, and it ought to be their credit card debt. They are having programs. And what we said was, what done for the right reasons, not simply more and more difficulty just making we say today is that if we can continue just to balance our budget. the interest payments. to hold down those programs that are Mr. SAXTON. As a matter of fact, if If you had a person like that, the last currently held down and begin to get a the gentleman will continue to yield on thing you would do for that person, the handle on the large increases in the that point, the Bureau of Labor Statis- last thing you would do is say, why do programs that are growing too fast, tics, which has the responsibility, you not start out by going up and run- that we can maintain the services to along with calculating employment ning up another $24 billion worth of the American people in a very similar and unemployment figures, also is re- debt on that credit card. mode that we are today and that we sponsible for managing the Consumer No, I think the American people say, have over the past several years, but Price Index process and the formula the first thing you ought to do is cut they just will not grow as fast. And so through which they measure the rate out the credit card. Stop spending I think that is an important part of the of increase in prices or price stability. more than you take in and do it quick- discussion as well. ly. Do not do it 5 years from now; do The Bureau of Labor Statistics I There is one other point that I would have asked to report back to us by this not do it 3 years from now. Do it this like to make. I do not want to confuse year and next year, because every dol- summer on the structural makeup of the discussion about how important it lar that we can save this year begins to the Consumer Price Index process and is, for all the economic reasons and all multiply in the outyears. to make recommendations as to how One of reasons we are doing as well the reasons that had to do with fami- the situation might be managed with- as we are, and they were modest lies, that we balance the budget. But out legislating an arbitrary reduction changes but I think they will have a there is one idea that is floating which I think would be a mistake. profound impact long-term, are the around here that I think we ought to I think your point is absolutely cor- cuts that were made in the last Con- be very cautious with, and that is that rect. There are people who eat and live gress where we eliminated some 289 dif- recently a commission gave a report on and breathe issues that have to do with ferent programs. Some of them were the Consumer Price Index. And the re- statistical analysis and how to meas- not great big programs but when you port suggested that the Consumer ure the basket of goods that the pull a program out by the roots, you do Price Index is not accurate, that it Consumer Price Index measures. Our not have to feed it year after year. So overstates the rate of inflation. leadership is incidentally making a lot And I think it is very important to the savings actually multiply as you go of these same points. So I am very understand that, yes, while we want forward. pleased about that and hope that we accurate data in terms of the This is the number that concerns me, will show some restraint and not look Consumer Price Index, that the CPI is and I think it concerns the gentleman at this as an easy fix to move toward a used in our tax code to determine how from Ohio [Mr. KASICH] and the Com- balanced budget because I am not so much taxes people pay from year to mittee on the Budget and, frankly, sure it gets us there. year. The brackets in the marginal should be of concern to all the Mem- Mr. GUTKNECHT. The other gen- bers of Congress and the American peo- rate structure of our Internal Revenue Code actually are indexed to go up with tleman from New Jersey [Mr. PAPPAS], ple, because you do not start out going any other closing thoughts? on a diet by gaining 10 pounds. That is inflation. And if we rush out without just not good. And you do not try to having all the information that we can Mr. PAPPAS. I was just going to ask solve your credit card debt problems by possibly get and arbitrarily legislate a my colleague from New Jersey, since running up even more debt on your change in the Consumer Price Index, it he has been a long-standing member of credit card in the very first year of the will mean a tax increase that a JEC the Joint Economic Committee and he budget. study recently pointed out that at the has been here in the House for a few Mr. SAXTON. Mr. Speaker, I just end of a 12-year period will be an addi- terms, if he would tell us through his want to make a point here. I think this tional $405 a year that the average tax- tenure here, when just the early part of is very important, because I would not payer will pay in taxes, a very signifi- this decade, when there was a tax in- want any of our colleagues or anybody cant tax increase. crease that was instituted, what was who might be listening to this discus- So while we want to balance the the, I think we all know but just from sion to get the notion that we stand budget, we do not want to look for the your perspective here as a member of here talking about this ready to dis- oversimplified ways to do it which that committee, what was the response mantle on a large scale Federal pro- means slashing programs that are by the Congress and just the response grams that are important to people. going to hurt people or finding a gim- of the economy to that way to address Two years ago, we began to slow the micky thing like adjusting the what was perceived the way to go growth of some programs, which is Consumer Price Index. Because an ad- about making progress on the deficit? H862 CONGRESSIONAL RECORD — HOUSE March 11, 1997 b 1945 drop in welfare rolls just since we from, I will go ridiculously low, from Mr. SAXTON. Well, today, the econ- passed that legislation last year. The $50 a person to maybe as much as $1,000 omy is growing at a little over 2 per- real answer is we need more jobs in the a person. cent. Some quarters had been better. I private sector. We need more people on That means they will be able to buy think we had 3.9 percent growth in the payrolls. more shoes, more shirts, go out to eat last quarter of, I guess it was the last When we talk about economic more often, maybe go for a longer va- quarter of last year. But overall, the growth, that can become almost a neb- cation, go to Atlanta and have a big economy has grown since 1990, the last ulous term that people do not under- time for the weekend or something like quarter of 1991 by a little over 2 per- stand, but they do understand good- that. When they do that, they stimu- cent. paying jobs and more of them. That is late the economy. Now, the average growth since World really what we are talking about, is Let us think about approximately 150 War II has been over 3 percent. That is making it possible so that more folks million people with $50 more in their 1 percentage point, but it makes a big who need good-paying jobs can find wallet because we are confiscating less difference, because while 1 percentage those good-paying jobs in the commu- through a tax. So what happens is we point, when we are talking 2 or 3 per- nities and in the neighborhoods where have all that money out on the street; cent, is like 50 percent faster at 3 per- they live. people going out to eat more, buying cent than at 2 percent. Mr. PAPPAS. If the gentleman would more toys, more clothes, shoes, and so So it is very important to realize continue to yield, I have to make one forth. When they do that, small busi- that for some reason all of us agree other point. I think one of the things nesses expand because they are stimu- that the economy is not performing as that is only fair to expect from the ad- lated by the new growth, the new pros- well as we would like it to. We would ministration under the President and perity out there. When they do that, like it to be growing at least at the his- the Vice President, who we all assume they create more jobs. And the more toric average since World War II, which is going to aspire to succeed Mr. Clin- jobs that are created, the more people is over 3 percent and it is growing at 2. ton, our President, is what will the that can find work. So when we begin to look at why that plan be? Quite frankly, whoever might All the folks on welfare now, there could be, one of the unmistakable con- be President after President Clinton would be a lot more job opportunities clusions we have to come to is we had leaves office, what is their plan? for them. They go to work. Less people the biggest tax increase in 1990, fol- If in fact this is the only thing that are on public assistance and more reve- lowed by an even bigger one in 1993. we are able to see enacted or proposed nues coming in. That, to me, seems to be what we did by the administration, what is the plan Both President Kennedy and Reagan differently. And therefore this recov- to move forward beyond that time? cut taxes, and when they did, actual ery, which I believe is part of the nor- Again, I do not want to wait. I want to money paid in to taxes in Washington mal economic cycle, we are now in a act now. increased. It did not decrease it. growth period, this growth period is Mr. GUTKNECHT. We only have We always hear from some people slower than I believe any other growth about 10 minutes left, but we have been how are we going to pay for the tax period since World War II. joined by our distinguished colleague cut? It is not a matter of paying for the I personally believe that it is because from Georgia [Mr. KINGSTON], if he tax cut. The revenues, because of the of the two tax increases, the gentleman wishes to grace us with some of his taxes being out on the street, the reve- correctly points out, and certainly has thoughts relative to the budget. nues actually increase. So we do have had an effect on our economy. Mr. KINGSTON. Mr. Speaker, I this phenomenon that if we cut taxes, Mr. PAPPAS. Mr. Speaker, I thank thank the gentleman for yielding me revenues will increase and America has the gentleman. And I asked him that this time, and I wanted to respond to more prosperity. question because I believe that bal- the gentleman from New Jersey [Mr. I think it is a very basic thing that ancing the budget is tied into, and SAXTON] the distinguished chairman of the person on the street can under- achieving the kinds of economic the Joint Economic Committee, re- stand and appreciate. They do not need growth we all want to see is tied into garding his comments to Mr. PAPPAS’ to have the charts and diagrams about significant across-the-board tax relief. comments about the tax proposal and it because they know. Give them their Many people argue that no, we need the reduction in taxes. money and they can spend it better to cut spending first before we can then I am not on the Joint Economic Com- than we can. do something about taxes. Again, I will mittee, and quite often I see their 30- Mr. SAXTON. If I may, I want to go back to a point I made earlier. If and 40-page documents, and I have dif- commend the gentleman from Georgia that had been the case, then we would ficulty reading them; but I was an eco- for the very articulate analysis or not be talking about graphs, showing nomics major at the University of statement on behalf of what this will graphs where we are seeing the deficit Georgia and one of the things that we do for the American family. remain in existence or going up before often did with economics is we delved One thing I am sure he did not mean it is going down. We would not be talk- into the theory. But it is good to just to do, but he left out something, which ing about that. We would be talking shut the book every now and then and is also important that causes economic about all the other new things that we to think about the man on the street; growth to take place, is some of that are able to do for the American people what it would mean to him. money on the street will get saved, put because we have the kind of economic Throw out the theory for a second into a savings account or go into a mu- growth that we all desire to have. and think about what would happen if tual fund, which creates a supply of If we do not cut taxes and see the we had more money in our pockets. If savings which others can borrow to in- kind of economic growth that we have we had a guy just running around, and crease the size of their business and seen, that we saw in the early 1960’s I will call him a friend of mine, Bill hire more people. under President KENNEDY, under Presi- Granger. Bill is a working guy. He is a That is what creates the business dent Reagan in the early 1980’s, we will friend of mine and lives in Alma, GA. I cycle, when economic activities take not see the kind of growth that will in am going to change some of the names place. Whether we believe it is the sup- fact raise revenues and assist us in cut- of the cities to be a little careful here. ply that creates the better economy or ting that deficit. I do not have his permission. the demand, either way, by the ineffi- Mr. GUTKNECHT. More important Say Bill gets a $500 per child tax cient Federal Government consuming even than that, Congressman PAPPAS, credit. He has three kids, so he will less of GDP and people who are out is it will help those people. have $1,500 more in his pocket. Let us working in the private sector consum- We passed very important welfare re- say his dad does not get that, his dad ing more of GDP, it makes the econ- form last year and it is already begin- gets something from Social Security omy better when the efficient part of ning to show some benefits. We are see- earnings limitations. Whatever the our economy handles the money rather ing welfare rolls going down. I have case, we confiscate less money out of than the inefficient part. been doing some research in my home their wallets in Alma, GA. What that So I wanted to say that I think that State, and we have seen a dramatic means is they would have anywhere the gentleman’s statement on behalf of March 11, 1997 CONGRESSIONAL RECORD — HOUSE H863 the average American worker is very a one-person agency located in Chi- during legacy with the Leadership Con- well placed. cago. Discrimination against Jews at ference on Civil Rights which he co- Mr. GUTKNECHT. If I could, gentle- that time was overt and widespread. founded with NAACP President Roy men, our time is just about expired. We Help wanted ads specifying gentile only Wilkins. In 1950, he and Mr. Wilkins will have to wrap it up here, but I do were commonplace, and employment convened over 4,000 delegates from all want to thank my colleagues for par- agencies accepted and filled orders in over the country to urge the Congress ticipating tonight. accordance with such specifications. to enact employment, antidiscrimina- I want to say, in part, with the spirit Rather than attempting to deal with tion, and antilynching laws. of what transpired in Hershey, PA, that the problem as it affected Jews alone, Along with Martin Luther King, Jr., we do look forward to an honest and he decided to attack employment dis- Arnold Aronson was one of the 10 orga- civil debate about the great issues fac- crimination per se, no matter the vic- nizers of the 1963 March on Washing- ing this country, and nothing can be tim. Accordingly, he organized the Chi- ton. During the Leadership Con- more important than stopping the cago Council Against Religious and Ra- ference’s first 13 years, Arnold Aronson business of mortgaging our children’s cial Discrimination, a coalition of reli- served as its secretary and directed the future and, in the end, it provides real gious, labor, ethnic, civil rights and so- day-to-day operations of the organiza- benefits. cial welfare organizations. As council tion. Along with NAACP Washington Not only is it the morally right thing secretary, Arnold Aronson directed the bureau director Clarence Mitchell, to do to balance the budget, but it is campaign that led to the first munici- Aronson and the Leadership Conference the economically smart thing to do. I pal Fair Employment Practices Com- coordinated the successful lobbying ef- think if we work together and have a mission in the Nation. forts which resulted in the passage of civil debate, then I think we ulti- In 1943, he organized a statewide coa- the 1957 and 1964 Civil Rights Acts, the mately can succeed in that. lition, the Illinois Fair Employment 1965 Voting Rights Act, and the 1968 Important now is that we all begin to Council, and initiated the campaign for Fair Housing Act. speak the same language. If the Presi- a State FEP legislation. Arnold Aronson’s lasting legacy, I be- dent is speaking OMB and we are In 1945, he became program director lieve, is summed up in a quote of his, speaking CBO, it is going to make that of the National Jewish Community Re- and I would like to quote it. Arnold job even more difficult. So in the next lations Advisory Council, a coalition of Aronson once wrote: The struggle of several weeks, what we hope to do is civil rights cannot be won by any one try to get the White House and the national and local Jewish agencies. He developed policies and programs for group acting by or for itself alone, but Congress to at least be speaking the only through a coalition of groups that same language. Jewish agency involvement on issues of civil rights, civil liberties, immigra- share a common commitment to equal Then we can have that civil debate justice and equal opportunity for every and, ultimately, I think we can reach tion reform, church and State separa- tion, Soviet Jewish immigration and American. an agreement during this Congress Mr. Speaker, Arnold Aronson’s life is support for Israel. which will be historic, which will leave a model for us all. I consider it a privi- In 1946, Arnold Aronson became sec- a legacy that we can all be proud of lege to have known him and to have retary of the National Council for a and ultimately lead to a stronger eco- worked with him. I am honored to join Permanent FEPC, a coalition which nomic growth, more jobs, better jobs, with my colleagues this evening in sa- and the ability of more American fami- was headed by A. Philip Randolph, and luting this giant on today, his 86th lies to have the American dream. together they directed campaigns for birthday. Happy birthday, Arnold So again I want to thank my col- Federal civil rights legislation in the Aronson, and we thank you. leagues for joining me. 79th and 80th Congresses. Mr. Speaker, joining with me in this f In 1949, he became the secretary of special order this evening are Congress- the National Emergency Civil Rights woman ELEANOR HOLMES NORTON, Con- TRIBUTE TO ARNOLD ARONSON, A Mobilization, which was chaired by gresswoman SHEILA JACKSON-LEE, and GREAT CIVIL RIGHTS LEADER Roy Wilkins, and together they orga- Congressman JOHN LEWIS. The SPEAKER pro tempore. Under nized a lobby in support of President It is my pleasure at this time, Mr. the Speaker’s announced policy of Jan- Truman’s proposed civil rights pro- Speaker, to yield to Congressman JOHN uary 7, 1997, the gentleman from South gram. LEWIS. Carolina [Mr. CLYBURN] is recognized Around this same time, Mr. Speaker, Mr. LEWIS of Georgia. Mr. Speaker, for 60 minutes. Arnold Aronson and a few men, a small I want to thank my colleague and GENERAL LEAVE group, set out to professionalize people friend from the great State of South Mr. CLYBURN. Mr. Speaker, I ask who were working in civil rights and Carolina for yielding. I want to thank unanimous consent that all Members allied fields by establishing the Na- the gentlewoman from the District of may have 5 legislative days within tional Association of Intergroup Rela- Columbia [Ms. NORTON] for organizing which to revise and extend their re- tions Officials. The name of that group this special order in honor of our friend marks and to include therein extra- has since been changed, and today it is Arnold Aronson. It is fitting and appro- neous material on the subject of my called the National Association of priate that we gather here on the floor special order this evening. Human Rights Workers. of the House of Representatives to pay The SPEAKER pro tempore. Is there Arnold Aronson held many offices in tribute to this great man on this, the objection to the request of the gen- that organization, including a term as occasion of his 86th birthday. I want to tleman from South Carolina? president. In fact, it is my great honor personally wish Mr. Aronson a happy, a There was no objection. to have been one of his successor presi- very happy birthday. Mr. CLYBURN. Mr. Speaker, I rise to dents in this organization, and I was As Americans, we owe a debt of grati- pay tribute this evening to one of our pleased to meet with them in Shreve- tude to Arnold Aronson. We live in a Nation’s greatest civil rights leaders: port, LA, 3 weeks ago, and look for- better country, a better society, and a Arnold Aronson. Arnold Aronson has ward to their annual meeting in Octo- better world because of the work of been active in civil rights for nearly 60 ber of this year. this civil rights pioneer. I would not be years. b here, I would not be a Member of Con- In 1941, he, along with A. Philip Ran- 2000 gress but for the hard work, dedication, dolph, mobilized a campaign that led During Arnold Aronson’s term as and commitment by Arnold Aronson to President Roosevelt’s Executive president, he established the Journal of and others like him. order which banned discrimination on Intergroup Relations, which continues These were people who took up the the basis of race, creed or national ori- to the present time and is an organiza- cause of equal rights and civil rights gin in war-related industries. This Ex- tion to which I very often contribute. long before they became politically ecutive order established the first Fair Mr. Speaker, I think that Arnold popular, before they became the fash- Employment Practice Committee. Aronson’s lasting legacy, although he ion of the day. Arnold Aronson was one In 1941, Mr. Aronson headed the Bu- has been involved in every major civil of the original founders of the Leader- reau of Jewish Employment Problems, rights effort in this century, is his en- ship Conference on Civil Rights, and H864 CONGRESSIONAL RECORD — HOUSE March 11, 1997 for this he should be commended and Mr. CLYBURN. I thank the gen- tant that at the time that Mr. Aronson remembered. But Mr. Aronson was tleman from Georgia [Mr. LEWIS] for made the commitment to continue more than that, I can tell you. He was his statement. work with the Leadership Conference, the glue that held the civil rights Mr. Speaker, I yield to the gentle- he was not just sitting by with idle movement together. woman from Texas [Ms. JACKSON-LEE]. time. He was working full time as pro- I remember many meetings during Ms. JACKSON-LEE of Texas. I thank gram director of the National Commu- the 1960’s, many meetings here in my esteemed colleague from South nity Relations Advisory Council, a coa- Washington during some heated discus- Carolina both for his leadership and his lition of major Jewish organizations. sion, sometimes heated debates. It was long service in the area of human and Mr. Aronson began his struggle always Arnold Aronson that held us to- civil rights. against discrimination in 1941 as head gether. In order to have people and in- Let me thank the gentlewoman from of the Bureau on Jewish Employment dividuals, the gentlewoman from the the District of Columbia [Ms. NORTON] at a time when open discrimination District of Columbia [Ms. NORTON] will for her wisdom in organizing this trib- against Jews was widespread. Help remember, the gentleman from South ute. Mr. Aronson, as one of the newer wanted ads specifying gentile only Carolina [Mr. CLYBURN] and others, to members of this Congress, let me were commonplace and employment have an A. Philip Randolph, a Martin thank you for giving me the oppor- agencies accepted and filled orders in Luther King, Jr., a Roy Wilkins, a tunity now to serve a very diverse con- accordance with such specifications. James Farmer, a Bayard Rustin, and stituency in the U.S. Congress from the Instead of regarding discrimination the young people from the Student 18th Congressional District in Texas. I only as a Jewish program as one might Nonviolent Coordinating Committee rise today to commend and support have expected, he had a broader view of and others in the same room, it was a this special order recognizing Mr. Ar- the true magnitude of the problem, and great deal to try to control. nold Aronson, one of the Nation’s following his conscience, he formed the This man, this good man, was a sol- greatest champions of the civil rights Chicago Council Against Religious and dier of conscience, a warrior in a non- movement. violent crusade to bring equality to Racial Discrimination, a coalition of This special order fittingly comes on religious, labor, ethnic, civil rights and America. While the civil rights climate Mr. Aronson’s 86th birthday and I tip ebbed and flowed in the course of his social welfare organizations. He coined my hat to you. Arnold Aronson has the phrase coalition. He did not speak 60-year career, Arnold Aronson stood long been seen as a key figure in the like a mighty oak planted by the bank it, he lived it, and in tribute to him, it history of this country’s struggle for is continuing. of the river. He never swayed, he never civil rights. The well-documented story wavered, he never faltered. He knew Mr. Aronson, countless generations of Mr. Aronson’s legacy to the chapters will come to know and can appreciate what was right and he worked every of this Nation’s civil rights movement day to make that vision a reality. the benefits that your life’s work has have been chronicled by countless his- Under his day-to-day leadership as brought to the unity of this Nation. torians. Since the New Deal era, Ar- secretary of the Leadership Conference Thank you for your dedication and on Civil Rights, Arnold Aronson lob- nold Aronson has spoken on behalf of commitment during those early steps bied and fought successfully for the this Nation’s disenfranchised by advo- in the civil rights movement that passage of the 1957 and the 1964 Civil cating unity and not division. began the road to making the Constitu- I might say to you in a city that one Rights Act, the 1965 Voting Rights Act, tion of this country extend its rights and the 1968 Fair Housing Act. To this might study and give rise to whether and protections to all of its citizens. day he remains an active member of there would be opportunities for Jew- Finally, in closing, let me add that as the Leadership Conference. Due in part ish-black coalitions, let me say that I we continue to try to forge coalitions, to his leadership and his ability, his ca- have had the privilege in the city of a name that comes to mind certainly is pacity to build a coalition, the Leader- Houston to serve a number of years in Dr. Martin Luther King. As the pre- ship Conference today includes 180 via- a very thriving and ongoing dialog be- vious speaker noted his words, let me ble organizations and groups and fights tween the African-American and Jew- say that in those days of the Montgom- against all forms of racial, religious, ish community. ery bus march and boycott, those were national origin, gender, and sexual ori- Out of that very bond grew a young days that were both light and dark. entation bigotry and discrimination. man by the name of Mickey Leland One of the statements that Dr. King Tonight, Mr. Speaker, I want to note who served in the U.S. Congress and noted is that the history would recall in particular the vital and historic role was one of my predecessors in this po- that there were great people who de- that Mr. Aronson played in uniting the sition. Mickey Leland was infused with cided to do the right thing and that black and Jewish communities in the the energy of bringing communities to- what would be written is that they de- struggle for civil rights. It is a bond gether and particularly worked to join cided, first of all, never to turn back. the black and Jewish community. and a friendship that continues to this b 2015 very day. For example, in my city of In tribute to you, Mr. Aronson, let Atlanta and many other cities, there is me say that we still have in Houston We thank you, Mr. Arnold Aronson, a black-Jewish coalition working to- today a Mickey Leland kibbutz pro- on this your 86th birthday for having gether due in large part to the road gram that sends young men and women the greatness of mind and conscious to paved by our friend Arnold Aronson. to Israel from the inner city African- be able to say we will never turn the As I said when I started, it is more American and Hispanic and Asian com- clock back, and it is this day that we than fitting and appropriate that we munities in order to bring about a last- write of you and give tribute to you as gather here today. Few Americans ing coalition. a great American. The history books have done more to bring us together, Let me say that your words spoken will recall your greatness as well. more to unite us as a nation and as a so early on the struggle for the civil Mr. Speaker, I rise today to commend and people than has Arnold Aronson. My rights movement cannot be won by one support this special order recognizing Mr. Ar- late mentor, Dr. Martin Luther King, group alone has carried many of us for- nold Aronson, one of this Nation's greatest Jr., talked during the 1960’s of building ward, recognizing that we are all in champions of the civil rights movement. a beloved community, a nation at this same leaky boat together and we This special order fittingly comes on Mr. peace with itself, where people were must rise together or certainly sink to- Aronson's 86th birthday. Arnold Aronson has judged not by the color of their skin gether. long been seen as a key figure in the history but by the content of their character. Mr. Aronson was noted as one of the of this country's struggle for civil rights. Arnold Aronson has done as much as most noted founders of the Leadership The well documented story of Mr. Aronson's any man in this Nation to help build Conference on Civil Rights, known in legacy to the chapters of this Nation's civil that beloved community. For that he the 1950’s as the Leadership Con- rights movement have been chronicled by will always be, in my heart and in the ference. Let me applaud not only the countless historians. Since the New Deal era hearts of millions of others, beloved. coalition but the friendship of Roy Wil- Arnold Aronson has spoken on behalf of this Thank you, Mr. Aronson. Thank you kins and Arnold Aronson wherein this Nation's disenfranchised by advocating unity for your hard work. coalition was born. It is so very impor- and not division. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H865 He said, ment of Mr. Wilkins and Mr. Aronson the orga- and thank her for her service to her The struggle for civil rights cannot be won nization survived these lean years. constituents and to our Nation. by one group acting by or for itself alone, At the time Mr. Aronson made the commit- Mr. Speaker, I yield to the gentle- but only through a coalition of groups that ment to continue work with the Leadership woman from New York [Mrs. LOWEY]. share a common commitment to equal jus- Conference he was working full time as pro- Mrs. LOWEY. Mr. Speaker, I rise tice and equal opportunity for every Amer- gram director of the National Community Rela- today to honor a giant in the civil ican. tions Advisory Council, a coalition of major rights movement. Arnie Aronson is one Mr. Aronson brokered his words into a coali- Jewish organizations. of the true champions of civil rights in tion of Mr. Roy Wilkins and Mr. Aronson Mr. Aronson began his struggle against dis- this country. As one of the founders of wherein the Leadership Conference on Civil crimination in 1941 as head of the Bureau of the Leadership Conference on Civil Rights was born. Jewish employment at a time when open dis- Rights, Arnie has been a lifelong cru- Mr. Aronson was one of the most noted crimination against Jews was widespread. sader for civil rights. Over the years founders of the Leadership Conference on Help wanted ads specifying ``Gentile only'' Arnie has avoided publicity, but his Civil Rights known in the 1950's as the Lead- were commonplace and employment agencies lack of publicity does not diminish how ership Conference. accepted and filled orders in accordance with indebted we are all to him. Summoned by Roy Wilkins, chairman of the such specifications. Arnie turns 86 today, and I can think event and Arnold Aronson, secretary, 4,269 Instead of regarding discrimination as only a of no better place to honor him than on delegates from 23 States, which included 291 Jewish program he had a broader view of the this House floor, where some of his brave souls from the South, representing 58 true magnitude of the problem. Following his toughest battles were fought and won. national organizations, converged on the Cap- conscience he formed the Chicago Council Arnie’s championship of human rights ital to take part in what its conveners called Against Religious and Racial Discrimination, a in this country has shaped the Nation’s the National Emergency Civil Rights Mobiliza- coalition of religious, labor, ethnic, civil rights, policies since the Roosevelt adminis- tion. and social welfare organizations. tration. From Roosevelt’s Executive As the council secretary, Aronson directed The actions of Mr. Arnold Aronson and Mr. order barring discrimination in war-re- the campaign that led to the first Municipal Roy Wilkins was in direct response to a report lated industries, to the 1964 Civil Fair Employment Practices Commission in the issued by President Truman's Citizens Com- Rights Act, to the 1965 Voting Rights Nation. mittee on Civil Rights, in 1947, titled ``To Se- Act and the 1968 Fair Housing Act, cure These Rights,'' it was felt that the find- In 1943, he organized a Statewide coalition, the Illinois Fair Employment Council and initi- Arnie has helped coordinate the efforts ings of the report could leave no Member of to pass every landmark civil rights leg- Congress in doubt regarding the scope and ated the campaign for State fair employment practices legislation. islation this body has considered. substance of racial injustice. The Truman The first fair employment practices legisla- Arnie also devoted his life to uniting committee found that the sensational news tion was passed in the State of New York in the Jewish and African-American com- stories of lynching, Klan attacks, and race 1945. In the ensuing decade, at least a dozen munities in the struggle against dis- riots, the Truman committee found were only States enacted fair employment practices laws crimination. The strong ties that exist the most shocking manifestations of a strain of with Aronson serving as a consultant in sev- between these two communities today prejudice that was everywhere in American eral of the campaigns. are a testament to Arnie’s hard work. society. From 1945 to 1976 he served as program I think Vernon Jordan said it best This strain of prejudice permeated not only director for the National Jewish Community when describing the impact Arnie’s the broad areas of employment, housing, edu- Relations Advisory Council, which is a coali- work has had. He said, ‘‘You have the cation, health care, and voting; but in many tion of national and local Jewish agencies. Mr. gratitude of countless millions who parts of the country, it infiltrated the most ordi- Aronson developed policies and programs for may never have heard of your name nary aspects of life, so that to be black in Jewish agency involvement on issues of civil but whose lives are better, whose pros- America was to experience daily humiliation. rights, civil liberties, immigration reform, pects are brighter and whose dreams Black youngsters were barred from amuse- church-state separation, Soviet Jewish immi- are coming true, thanks to you.’’ ment and national marble contests. Black gration, and support for Israel. Mr. Speaker, I am proud to stand shoppers were often unable to try on suits or He was clearly a man ahead of his time. today in honor of Arnie Aronson. His dresses in department stores or eat at the In 1954, he organized the Consultative Con- commitment to racial justice has lunch counters like other customers. Black ference on Desegregation, and Interreligious touched all of our lives and the lives of travelers had to suffer the indignity of seg- Coalition with the heads of the National Coun- many others who will never know his regated seating sections, waiting rooms, rest cil of Churches, the Synagogue Council of name but benefit from his legacy. rooms, and drinking fountains and had to often America, and a representative of the national Happy birthday, Arnie. spend long, exhausting hours on the road be- Catholic Welfare Conference as cochairman Mr. CLYBURN. I thank the gentle- fore finding a place to stay or even a place to and himself as secretary. The purpose of the woman for her statement. relieve themselves. Such conditions prevailed Consultative Conference on Desegregation Mr. Speaker, I would like now to not only in the South, but even in our Nation's was to provide an opportunity for clergymen yield to the gentlewoman from the Dis- Capital. who were under fire for speaking out in sup- trict of Columbia [Ms. NORTON] who or- The Congress had not enacted any civil port of the Court's decision in Brown might, ganized this special order for this rights law since 1875, and it appeared that it under the cloak of anonymity, might be able to evening and thank her for having done would take much more than the meeting of get together with colleagues and civil rights so. those delegates to change that fact. leaders who were similarly situated for an ex- Ms. NORTON. Mr. Speaker, I first But Mr. Aronson was not deterred and on change of views, experience, and for mutual want to say how indebted I am to the December 17, 1951, as secretary of both the reinforcement. In the few years it was in exist- gentleman from South Carolina [Mr. council and the mobilization, called represent- ence, the organization was able to save the CLYBURN]. After I organized this spe- atives of the cooperating organizations to- pulpits of several men who had been threat- cial order it became necessary for me gether to plan another Washington meeting: a ened with dismissal and, in other instances to to leave the House, and on very short Leadership Conference on Civil Rights to be find places for clergymen who had in fact notice he was willing to conduct this held in February of the following year to cam- been fired for voicing support of desegrega- special order. He is a most appropriate paign mainly for a revision in the Senate rules tion. gentleman to conduct it, and I very that would allow a simple majority of that body Mr. Aronson, countless generations to come much thank him for the grace and skill to limit and close debate. can know and appreciate the benefits that with which he has done just that. It was under the Leadership Conference your life's work has brought to the unity of this Mr. Speaker, I am not sure that the name that the coalition continued from then Nation. Thank you for your dedication and best way to celebrate your 86th birth- on. commitment during those early steps in the day is listening to a bunch of Members For the next 13 years the Leadership Con- civil rights movement that began the road to of Congress, but leave it to Arnold ference was housed in a desk drawer and fil- making the Constitution of this country extend Aronson, always at work, to spend his ing cabinet in Mr. Aronson's Manhattan office. its rights and protections to all of its citizens. 86th birthday just that way. The conference like many just causes had no Mr. CLYBURN. I thank the gentle- Now, you know there is a cliche money. Through the dedication and commit- woman from Texas for her statement about unsung heroes. But in a very real H866 CONGRESSIONAL RECORD — HOUSE March 11, 1997 sense Arnold Aronson gives that phrase black people working in the war indus- b 2030 new meaning largely because he never try ought to have equal opportunity in Somebody had to do it without hang- sought the credit and the praise that is jobs. Somebody had to suggest it to ing back and without dropping the ball rightfully his in a movement where him. And in fact there were a small and had to do it from one decade to the people are not exactly shy in stepping band of great men who did so, and his- next, because even today the work is forward to claim credit. It is not every tory will remember them: not done, and the work has been left to good man who is honored on his 86th Joseph Rowell, Bayard Rustin, Clar- those who refuse to lay down their birthday. It is certainly not every good ence Mitchell, Arnold Aronson. swords and retire, but recognize that man that brings Members of the House There are names of the 1990’s, but we they had to go forward into yet an- for a special order of indebtedness to had best remember the names of the other decade, and that was Arnold his work. 1940’s if we want to know truly how we Aronson. But Arnold Aronson deserves that, got here. When I was in law school and I would and he deserves more, and the fact is Arnold Aronson wrote some of the come down in the summers to Mis- that he will probably not get a lot most compelling reports of the period, sissippi, to the March on Washington, more. He will probably not get a lot the reports, the documents that made to New York where it was being orga- more because in a real sense he has people especially those in high places, nized, to wherever there was work to lived a life in which he has not sought like President Truman, understand be done, the fine hand of Arnold a lot more. It is up to those of us who that it was time to move forward. One Aronson was always there. know his work and appreciate his work of the most compelling of those was to He belongs to that extraordinary co- to spread the word of his work, and not secure these rights drafted indeed by terie of men to whom this country only, I might say, to do tribute to his Arnold Aronson. owes everything. We owe our dignity as Today, when we are trying to get work because in a very real sense the a country; we owe the elimination of more funds for the EEOC, it perhaps work of Arnold Aronson deserves rec- the greatest scar on the American pol- seems impossible to believe that the ognition today because it deserves re- ity; we owe it to them. We could never idea of a permanent FEPC, or Fair Em- peating today and because there are be a great country until that scar was ployment Practice Committee, was a too few willing to stand in the exact wiped away and the great civil rights radical idea. Money for it? The point place where he stood, hoisting the flag laws finally achieved, in no small part was should there be any such commit- of the principles that make him a great out of their personal labors, and espe- tee at all. American. As late as 1950 Arnold Aronson was at cially the labor of Arnold Aronson I come before you this evening with the forefront of those struggling for a wiped away that scar and helped us to particular humility as a former chair permanent FEPC. Even the wartime emerge finally as a great Nation. of the Equal Employment Opportunity experience, so successful, had not led Let me finally say something about Commission, as a child of the civil to a permanent agency, and we were an issue that needs to be confronted as rights movement. I know my own per- not to get one until 1964, when Arnold we are celebrating the life of Arnold sonal indebtedness to Arnold Aronson. Aronson, unbroken in his work in the Aronson. We live now in a country I know quite well that the agency that movement, helped lead the march on where people go off into their respec- it was my great honor and privilege to Washington that got finally a perma- tive ethnic and racial corners. In a real chair, the law I came to administer did nent FEPC, the Equal Employment Op- sense there was more discourse across not simply pop up on the lawbooks one portunity Commission. racial lines when I was a girl in the day as this House decided to do the The fact is that as late as the 1950’s civil rights movement. We have lost right thing. Arnold Aronson was working with Roy some of the spirit that guided the What is too little appreciated today Wilkins to get an antilynching bill; times and events of Arnold Aronson, is the kind of work and the kind of at- that is what they called it when I was and I would ask us tonight not simply mosphere in which that work had to be a child and perhaps even when my col- to honor him on his 86th birthday, but done. What is too little appreciated leagues were children. They called it to try to reclaim and recapture the today is what it was like 56 years ago, antilynching bills. It operated at that moral authority of Arnold Aronson. He when Arnold Aronson was there with level of terror. We did not call it civil had that authority because he knew no A. Philip Randolph and where our rights acts in order to keep people from prejudice, first and foremost; because country was at war, proudly marching engaging in violence, and it was at the he lived the word that we were all cre- off to war, with an army segregated to raw level that Arnold Aronson and his ated equal. the core and thinking not one thing colleagues were trying to convince peo- So today the great alliance between about it, marching off in peace and ple that you should not lynch people. African-Americans and Jews needs to freedom to fight a war against the ulti- That was not self-evident. That was come alive again, needs to come alive mate bigotry in a segregated army, and not evident to most Americans. Some- again if we are to remember from there were very few who understood body had to stand up and keep saying whence we came and who were there that irony or even understood that it it and not relent and find ways to with us when nobody else was there. was wrong to step forward then. If you make it come true in a country born in I have to say it, Mr. Speaker. The were white or if you were black was to racism, determined in its racism. one thing I cannot understand is black separate yourself from the great And what was the cry for an anti- anti-Semitism, because the one group masses. Blacks were deprived of every lynching statute was to develop into of people who were always there with conceivable right. Whites, even those the success of the 1960’s, and when the African-Americans were American who knew the difference between racial 20th century closes its eyes and bids Jews. I cannot understand it, and we right and racial wrong, seldom had the farewell and they name the half dozen need to confront it, and we need to re- courage to act on what they knew. pieces of legislation that made this mind people how we got there. Arnold Aronson has never lacked century and made this country, the Arnold Aronson, for most of his life, that courage. We did not get here by laws which Arnold Aronson helped worked for the National Jewish Com- ourselves. We got here marching be- achieve, particularly in the 1960’s, will munity Relations Council and worked hind others, and Arnold Aronson stands be numbered in that group. in that capacity for full rights for among those at the front of that line. In 1961, Mr. Aronson wrote the pio- American Jews and American blacks. If The agency I came to chair, the neering work Federal Support of Dis- indeed we mean to finally finish this Equal Employment Opportunity Com- crimination. That is what it was all struggle, we can only finish it if we re- mission, had its origins in the Fair Em- about, Federal funds, the great might dedicate ourselves to the principles ployment Practices Committee, which and weight of the Federal Government that made it a great struggle. If it is Arnold Aronson, working with such in support of discrimination. Somebody only about our rights, it is about no- stalwarts as A. Philip Randolph, helped had to make this country face that body’s rights. It means nothing if we to achieve. Even the beloved Franklin fact, that the greatest support for dis- take on the very mantle of prejudice D. Roosevelt did not step forward be- crimination came from the greatest that we are ourselves so long have cause it occurred to him that maybe country on the face of the Earth. criticized others for wearing. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H867 So this evening let the life of Arnold trying to divert them from a course of that gets the microphone most of the Aronson take us back to basics, to our coalition, that we have to take this op- time are leadership members who are first principles that all men and women portunity to emphasize the fact that calling for the worst in people. are created equal, that if I am a black coalitions are the only way to win in This is true unfortunately not only I will stand up first against anti-Semi- America. Mr. Speaker, we only get the in the majority, but also in some mi- tism. If I am an Hispanic, I will stand majority if we are a coalition in Amer- norities. In our own minority we have up first against racism. The rest of you ica, if we happen to be a member of a had loud voices that have called for will have to stand after me. Only then minority. separatism, isolationism; loud voices and only with that resolve, only with In fact, the history of the world and that have gone into extremism; loud that sense of coalition and moral au- the history of prejudice and of oppres- voices that have sought to tear asunder thority will we complete the work so sion shows that one of the reasons that long-existing coalitions. Arnold valiantly carried on by Arnold people are oppressed is that they are in Aronson behind the scenes was one of Aronson. He does us great honor by al- a minority. I mean there is no other those people who was always working lowing us to honor him this evening. reason. to knit together that coalition and to Mr. CLYBURN. Mr. Speaker, I thank When we look at all of the various make that coalition effective. the gentlewoman very much for her reasons that oppressors give, they Throughout history there have been very moving statement on behalf of our often say that this group was oppressed a whole lot of them. White men, white honoree this evening. because it had an inferior education, it women, have played a major role in the Mr. Speaker, as was said earlier, Ar- had bad hygiene habits, bad sex mores, liberation of black people in America. nold Aronson in 1943 started the move it had an inferior IQ, the IQ was not When slaves were totally powerless, toward FEP agencies, but it was in high enough. We get that kind of argu- when slaves had no organization to 1945, I believe was the year, that the ment sometimes. But get another argu- form coalitions with, it was the aboli- first State FEP agency was enacted ment that they were too brilliant, they tionists, it was the whites who had to into law, and that was in New York. It knew too much, they dominated too carry the ball. is my great pleasure now to yield time many positions in the judiciary, they In the crucial days following the end to the gentleman from New York [Mr. dominated too many positions in the of the Civil War, it was white Thaddeus OWENS]. intellectual circles, and you get the Stevens from Pennsylvania, it was Mr. OWENS. Mr. Speaker, I want to same kind of oppression because the white Charles Sumner and others who congratulate the gentleman from oppressor looks for a reason behind the had to forge ahead and against evil South Carolina [Mr. CLYBURN] for tak- reason. forces that were seeking to undermine ing out this most appropriate special The real reason is that because they the victory won in the Civil War, the order to honor Arnold Aronson. are in a minority and they are weak, end of slavery. They had to forge ahead Arnold Aronson represents a breed they are fodder for demagogues. I think and help push the 13th amendment and that gets lost, the people behind the the senior Benjamin Netanyahu, who the 14th amendment and the 15th scenes who do all the hard work. Often has written a book about the inquisi- amendment. Whites had to do that, and geniuses at an organization get lost. tion, the Spanish Inquisition, one of whites did it, in many cases all alone. The headlines never pick them up, and his conclusions is that the Jews were The abolitionists formed coalitions, history is of course filled with people of oppressed in Egypt, and he searched for and those coalitions began to take root this kind, and the American dream all the reasons and found that for no after blacks were able to organize. But would not be realized unless there were other reason than they were the minor- we are here, and for all of those young so many Americans of this kind out ity and they were weak and easy prey people who think we have not gone far there always. to demagogues, and the pattern of op- enough: too much lack of opportunity, They were there during the civil pression against the Jews in other too much discrimination, economic op- rights struggle in great abundance, and places was the same. They were just pression now is the problem, and there- they are still there to some degree. there, easy fodder for demagogues. fore they want to become cynical about They have been intimidated by some of Any minority in any society is easy attempting to move forward in coali- the loud voices and intimidated by the fodder for demagogues. Therefore, all tion with others, I say to those young fact that there is such cynical report- minorities should always place a high people, history unfortunately moves ing in the media, and have not exer- premium on forming coalitions, all mi- too slow. cised their full power. norities. Certainly African-Americans History unfortunately is a captive of But we are the majority; we are not in America should understand that we strong men who sometimes are evil beggars, the people who care. I call it cannot survive without coalitions. Coa- men. History unfortunately does not the coalition of a caring majority, and litions are our only means for survival. realize the full potential of the human I often talk about it as being a natural Yes, we have had a lot of progress, spirit, but history does move forward coalition. I say that almost in despera- and of course we are trumpeting and like an inchworm. Maybe it is a wound- tion, a natural coalition, because what paying tribute to some of the progress ed inchworm sometimes, but it moves we really need is a real coalition, and that has been made as a result of some forward. we have had real coalitions, well orga- of the people like Arnold Aronson, but We would not be where we are today nized coalitions. the message to the young people should if it had not been for history moving The Leadership Conference on Civil be that this is the way it was then, this forward. It is made to move forward be- Rights represents a well organized coa- is the way it has to be now, this is the cause there are people like Arnold lition, a coalition that was needed at a way it must continue to be. Coalitions. Aronson that we do not hear about. particular time, and if it had not been You win with coalitions. The caring They swarm like beautiful butterflies; there we would have a very different majority in America is larger than any we do not know they are there, but we scenario for American history. The other group. When you put it all to- only need leadership to call them forth. civil rights struggle and the results gether, the caring majority is big, the And among our young people, they from that struggle would be very dif- caring majority can make America could be and should be part of those ferent. work. swarming butterflies moving together It is important, and I do not want to Most people in America do not want to make America great; behind the be redundant because I think his ac- to live by somebody else’s sweat, they scenes, unsung, doing the hard work complishments have been cited by a do not want to live by somebody’s necessary to realize the dreams that number of speakers, but it is important else’s blood. They do not want to be are here. that we send a message to our young unfair. Most people in America are We have a great potential in this people, young people of all groups, all ready to follow leadership that calls country. We are the richest country races, but particularly young people out the best in them. But unfortu- that exists on the face of the earth. who are African-American. There is so nately, the leadership that gets the Productivity, prosperity, everything is much cynicism, there are so many loud high visibility, the leadership that gets booming forward at this point. Why are voices competing for their attention in the media attention, the leadership there so many people suffering? Why H868 CONGRESSIONAL RECORD — HOUSE March 11, 1997 are there such evil ideas being put port was later issued by President Tru- same policy goal in this House, as forth? It is because so many people man’s Citizens Committee on Civil Members well know. have given up; so many people do not Rights in 1947 and eventually became The second part of the equation is recognize that when we put the coali- the basis for the 1957 Civil Rights Act. empowering people, how we are going tion forward, we are the majority, we Mr. Aronson was also one of the ten or- to empower the individual and not gov- do not have to be beggars. ganizers and leaders of the historic 1963 ernment. That is the logical second Arnold Aronson understood that. He march on Washington. part of the equation. understood the price we have to pay in Throughout his career, Aronson has energy and time and patience to make worked with many organizations span- First of all, putting the brakes to the coalitions work. I salute Arnold ning the entire spectrum of the civil government. I am pleased to sit on the Aronson, and I hope the young people rights movement. He was program di- Committee on the Budget under the will go searching; when they do their rector of the National Jewish Commu- chairman, the gentleman from Ohio book reports and they make their var- nity Relations Council and founder and [Mr. KASICH]. I am pleased to sit with ious presentations during Black His- president of the Leadership Conference Members from both sides of the aisle tory Month, as well as any other time, on Civil Rights Education Fund. He is who are serious about actually bal- that they single out people who have also noted for his attempts to rally ancing the budget, what should be a not been highlighted in the encyclo- Jewish and black communities in the noncontroversial goal in American po- pedias enough, people who have not interest of racial tolerance. litical discourse, but it is. An awful lot been portrayed on the calendars, but I salute the dedication and contribu- of folks we represent do not understand the people who have made history what tions of Arnold Aronson to civil rights. why it is so controversial. it is in terms of the positive movement f As I said earlier, Mr. Speaker, it is forward in America, people like Arnold GENERAL LEAVE Aronson. I congratulate Arnold the natural inclination of people to Mr. CLYBURN. Mr. Speaker, I ask Aronson on his 86th birthday. please. It is the natural inclination of unanimous consent that all Members folks in public office to please. We are b 2045 may have 5 legislative days within politicians. We run for elections. We I congratulate Arnold Aronson on his which to revise and extend their re- want votes from folks. Usually we get 86th birthday. I thank the gentleman marks on the subject of this special those votes by promising people some- for being here. order. Mr. CLYBURN. I thank the gen- thing. Unfortunately, on both sides of The SPEAKER pro tempore (Mr. the aisle over the last 3 decades in this tleman for his statement. Mr. Speaker, ROGAN). Is there objection to the re- town, we have garnered votes by prom- in closing this special order this quest of the gentleman from South ising more government. evening, I thought as I listened to the Carolina? remarks being made by my colleagues There was no objection. For whatever societal ill has come this evening, I thought about the last f about, whatever real or perceived prob- time I shared a lunch, I believe it was TAX AND SPEND lem is high on the national agenda, in Kansas City, with Arnold Aronson politicians have promised more govern- The SPEAKER pro tempore. Under and the things we talked about. ment because it is the easy thing to do. the Speaker’s announced policy of Jan- I thought about many of his succes- It is always easier to say yes than say uary 7, 1997, the Chair recognizes the sors as president of the National Asso- no. It is always easier to create one gentleman from Maryland [Mr. EHR- ciation of Human Rights Workers: Dick more law, to put out one more regula- Lexum in Michigan, Leon Russell, and LICH] for 60 minutes. Mr. EHRLICH. Mr. Speaker, I am tion, to create one more agency, to Albert Nelson in Florida, Mary Snead pass one more statute, because unfor- in South Carolina, Marjorie Connor in going to be joined by a number of our tunately, an awful lot of us run for Michigan, and many, many others. colleagues tonight on the majority side I thought about Martin Luther King, to talk about a couple of issues of great election on records, and those records Jr.’s letter from the Birmingham city importance to the American people. are composed of what bills we have jail. A lot of us read that letter. I try The gentleman from California [Mr. passed in the legislature. to read it at least once a year. There is COX] and I want to talk about an issue We do not measure success by how we a place in that letter where King spoke near and dear to our hearts, reform of have downsized government, we meas- or wrote about people like Arnold estate taxation and the way we tax ure success by how we have increased Aronson. He wrote at one place in his success in this country. the scope of government in our daily letter that we are going to be made to We are going to talk about the bal- lives. That is very unfortunate. I think repent in this generation, not just for anced budget, and the hope for cutting a lot of the folks elected around here in the vitriolic words and deeds of bad the capital gains tax rate in this coun- the last couple of terms understand people, but for the appalling silence of try. Mr. Speaker, what we are really talk- that is not the appropriate measure of good people. what we should be doing in this town, I am pleased to join with my col- ing about tonight is tax and spend: how because we simply cannot afford it. leagues tonight thanking Arnold we tax and why we spend so much in Aronson for being among the good peo- this country. There is a distinction between poli- ple who refused to remain silent. Be- There are really two issues, when we tics and leaders, between politicians cause he spoke up and because he stood think about it. One is how we put the and leaders. Politicians respond to the up, many of us are here in this body brakes on government, because the na- natural inclination for government to this evening, and many of us are in ture of government is to grow always, grow. Leaders will make the right deci- similar bodies all across this country. I at every level of government: local, sions. Leaders will say no, because part can think of no better way to help him State, and Federal. That is pretty nat- of leadership is saying no, and that is celebrate his 86th birthday than to ural when we think about it, because it where the Committee on the Budget is, have participated in this special order is the nature of elected officials to particularly in the 105th Congress. tonight. want to please their constituents. That is what we are going to deliver to Finally, Mr. Speaker, I want to wish Unfortunately, that desire to please the American people, a real balanced Arnold Aronson many, many more has given us an almost $6 trillion budg- budget with honest numbers. birthdays. et deficit in this country, an issue we Mr. BISHOP. Mr. Speaker, I rise will be talking about in greater detail The second part of the equation is, today to applaud the work and char- in the course of the evening. once we get government to stop grow- acter of Arnold Aronson. His distin- How do we put the brakes on the na- ing, how do we empower people? People guished career in civil rights spans ture of government? In Maryland, in want to be empowered. As government nearly 60 years. Mr. Aronson is most the Maryland Legislature, the Mary- loses power, individuals gain power. noted for being one of the founders of land General Assembly, where I came One, we empower people to put more the Leadership Conference on Civil from for 8 wonderful years, we have a money in their pockets so they can de- Rights in 1950 and his draft of the re- constitutional requirement for a bal- cide how they will spend their own port ‘‘To Secure these Rights.’’ This re- anced budget. We are striving for that hard-earned money. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H869 There are two issues I would like to That would be a great thing if it happens? The job creating potential of discuss with my colleague, the gen- worked, but it does not, for two big that business is destroyed so no new tleman from California [Mr. COX] this reasons. First, it does not yield much people will be employed there. But evening, and we may be joined by an- revenue. Less than 1 percent of all of worse yet, the people who did work other colleague, the gentleman from our Federal revenues is provided by there lose their jobs. And what is their California [Mr. RADANOVICH]. They per- death taxes, even though every Amer- rate of tax? It is not even the 55 per- tain to two major issues in the 104th ican knows that there is an army of tax cent, which is a confiscatory rate for a Congress with a common goal: how we lawyers and tax accountants at work in tax on after-tax life savings. It is 100 will empower individuals, how we will the industry of avoiding this tax. percent. They pay a 100-percent tax be- empower people to be successful in life. The second thing is, to the extent it cause their entire income has been I am joined by Mr. COX, and I would is paid at all, rich people are not the wiped out. They have just lost their first like to compliment him on the ones paying it. Rich people like Jac- jobs. great leadership he has shown with re- queline Kennedy Onassis can avoid this This is what is happening to family spect to the first issue, which is the tax, as she did when she passed on her businesses, to small businesses, to way we penalize success in this country estate to her already wealthy heirs ranches, farms across America. It is re- through estate taxation at the Federal with a state-of-the-art trust. Most of sponsible for the loss of both new job level. that tax liability is thereby foregone. opportunities and existing jobs. I know the gentleman has a number Peter O’Malley, who many Ameri- The White House Conference on of comments on this subject, so I yield cans who live outside of California Small Business, whose conferees were to the gentleman from California [Mr. have now come to know as the owner of appointed by President Bill Clinton, COX]. the Dodgers, at age 59 decided that he made repeal of death taxes, not mod- Mr. COX of California. Mr. Speaker I had an estate planning problem. The eration of death taxes, not reform of thank the gentleman for yielding to Dodgers were a family owned business. death taxes, but repeal of death taxes me, and I thank the gentleman for co- They are a local franchise and a local their No. 4 priority out of over 50 legis- authoring this legislation with me. We asset for us in southern California. We lative proposals to help small business now have, as he knows, well over 100 certainly do not want it busted up. in America. This is how great a con- sponsors, Democrats and Republicans, But the O’Malley family, and Peter cern this issue is to small business. in this Congress to do what California O’Malley specifically, looked at the We talk a lot about tax simplifica- did by an initiative of the people; that problems that would be faced for that tion. Do you know how many pages of is, repeal death taxes, the taxes on family owned business if he were to die the Internal Revenue Code are clut- after-tax life savings, at the end of a and he had not liquidated or sold the tered up with the death tax alone? lifetime of hard work. Dodgers and passed them on to some Eighty-two pages of legalese that no A liberal, and I know he is a liberal corporate owner. So with the death tax American can possibly understand because he describes himself as such in at 55 percent, somebody like Peter without the help of a fancy tax lawyer testimony before Congress, professor O’Malley has a pretty big incentive to and tax accountant. That is just the from the University of Southern Cali- convert that tax liability into a capital Code itself. fornia where I went to college said, as gains tax liability by selling the team Then there are several hundreds of an unrequited liberal he was opposed to while he is still alive, and then taking pages of tax regulations interpreting death taxes because they are so anti- those liquid assets and putting them in those 82 pages that, again, you have liberal. He called them virtue taxes. the form of a trust or whatever, the got to have paid professionals to inter- If we think about it, it makes sense. fancy tax lawyers and accountants pret and understand. We are familiar with the notion of a sin come up with to avoid the tax at death, So what happens is that while the tax, taxing tobacco or taxing alcohol as wealthy people are wont to do. Government does not get the revenue or taxing gambling. These are called Rich people do not pay it, and it does from the tax, as I said, less than 1 per- sin taxes. But a virtue tax would be a not provide any revenues. It does not cent of our Federal revenues comes levy by the government on virtuous be- work. It fails the test of empiricism, from this source, tax lawyers are get- havior, such as saving, investing, work- but what it does do is change behavior ting some money. Tax accountants are ing, avoiding conspicuous consumption all over America. Even worse than getting some money. There are a lot of and instead helping other people. that, it busts up small businesses; not, trusts and avoidance techniques that That, however, is what the death tax typically, Peter O’Malley’s Dodgers. are set up that people are investing in. is. It tells someone during her or his They will not be busted up by the es- All of it is make work. No economic life that what they should really do if tate tax on Peter O’Malley’s death, al- product as a result of all this. It is an they can acquire any earnings from though they might be moved out of insipid, wasteful and, I daresay, im- their work is consume it. Do not save L.A. as a by-product of the death tax. moral system. it, do not invest it; use it up, use it up, But family farms, ranches, small busi- I will close with this point and yield but surely do not try and use it for the nesses run by people who are cash-poor, back to the gentleman by explaining purpose of making your family better who have trouble meeting the payroll why I go so far as to say this is im- off. on a weekly basis, will get busted up. moral. I mentioned the reasons that It is ironic, because what that does is Seven out of 10 family businesses, 7 out this is a virtue tax, that it directly dis- act as a repealer on human nature. of 10 small businesses in America do criminates against savings, work, in- After you get done putting food on the not survive the death of the founder. In vestment, the avoidance of conspicuous table and clothes on your back and a 9 out of 10 cases it is because of death consumption, so on, but it is even roof over your head, as a human being taxes. worse than that. It goes further than the most powerful incentive that you What happens is that if you own that in the injury that it inflicts on have to continue working is to help something that is an ongoing busi- Americans. those that you love. nesses, the death tax is applied not to I was talking to a city council rep- So Congress in its infinite wisdom your income, not to your wealth, not resentative in one of the cities that I came up with a tax on that virtuous to your cash or liquid assets, but to the represent. It is a part-time city coun- behavior, on continued hard work even property, and the only way to satisfy cil. And in his real life, in his working beyond what you need for yourself, on that tax is to sell the property in order life, outside of politics, he is an estate saving, on investment, on the avoid- to create a liquid asset, since the Gov- planner and a tax lawyer. He told me ance of conspicuous consumption, and ernment will not accept your business that in a recent day, just before I had called it a death tax, for the reason in exchange for the tax liability. They spoken with him, he had spent the that, I suppose, we could extract a want cash. afternoon with one of his clients on his third time from someone that we had client’s deathbed as that man was pass- already taxed on income during life, on b 2100 ing away. And in the hours that he capital gains during life, more money You have got to liquidate the busi- spent with him, he had him sign docu- for the benefit of everyone else. ness. You have to bust it up. And what ments. H870 CONGRESSIONAL RECORD — HOUSE March 11, 1997 This was at a time when his wife and more jobs would be created and private become commonplace, which ought to his children, his family would have capital would increase $630 billion sim- be considered either the extreme or the loved to be with him and spend their ply by the repeal of this very unfair absurd by us in this, in the form of last moments with him while he was tax. those types of taxes. spending his last day on Earth. But in- And I have to point out one further Granted, there are those that would stead he was with a lawyer signing doc- fact, the wonderful thing about meas- argue that income redistribution is uments. uring Government not by how much it good for the poor and gives a leg up to This lawyer said to me, this city grows but by how much it contracts is the poor and needy. And I just have to councilman who also represented his your bill, H.R. 902. How many pages did say that that is not the case and that neighbors on the city council, that you earlier state this particular tax the American people, who are very gen- none of the papers that he had his cli- takes up in the code? erous people and who are encouraged ent sign had any economic effect. Mr. COX of California. In the Inter- under freedom to take care of their There was really no real life con- nal Revenue Code, 82 pages. weaker neighbors, do not have to re- sequence to any of these things except Mr. EHRLICH. Your repeal takes up 7 sort to a government-imposed tax to this: that if you signed the papers, you lines. That is what we should be about redistribute wealth in this country. did not owe the tax and if you failed to in this town. It punishes accomplishment. It pun- sign the papers, your family would lose I know I have a small businessman, a ishes success. It is an infringement on the life savings that you had put to- good friend, Mr. RADANOVICH, waiting the rights of the family institution in this country and really is counter- gether so that they could keep on to speak on this issue. I welcome the productive. Unfortunately we have got- going. gentleman and I welcome my friend, ten to the point in this country, I guess So the man signed the papers, was Mr. HAYWORTH from Arizona. I yield to that is my observation, that this is ac- deprived of those final moments with the gentleman from California, Mr. cepted. This is the norm. I cannot help his family. The Government got no RADANOVICH. but think about those early explorers money. The tax lawyer got paid and Mr. RADANOVICH. Thank you very of this continent and the Founders of the tax lawyer came to his Congress- much, Mr. EHRLICH. this Nation who had, if they had any As my friend and colleague, CHRIS man and complained, this is not what idea what kind of taxes this Govern- Government should do to American COX from California is one of the many from the 52 Members of the California ment was imposing for the various rea- citizens in their final moments on sons that they do, they would be roll- delegation that traveled to his State Earth. ing over in their graves right now. It is an immoral tax besides being a back and forth, many of us spend long Mr. EHRLICH. I agree with the gen- failed exercise in collecting revenue. I hours, as do you from Arizona, on the tleman and I really think the gen- mentioned, less than 1 percent of the airplane back and forth. I managed to tleman has hit the bottom line. At revenues are provided by death taxes. get hold of an incredible book that I some point in this country, in this very Sixty-five cents of every dollar col- would spend my time reading going House, the collective decision was lected are consumed either in adminis- back and forth across this country. It made to punish success and punish risk trative costs by the IRS or compliance is called ‘‘Undaunted Courage.’’ It is by in the capitalistic society. When you costs by Americans who are seeking to Stephen Ambrose. It is the story of the think about that, it really makes no avoid their tax liability through legal discovery or actually the mapping of sense. means, hiring tax lawyers and account- the Louisiana Purchase by Meriwether I have another question for the gen- ants and so on, who are hiring tax law- Lewis. And he was sent out in the tleman from California, but first I yers and tax accountants to help them 1800’s, 1804, by the third President of want to recognize our good friend, Mr. fill out the paperwork so they can pay the United States, Thomas Jefferson, HAYWORTH of Arizona, who I know has the death taxes that the Government is to explore what was recently purchased some very articulate views on these not getting appreciable revenue from as an addition to the United States. I two issues. in the first place. read with fascination and interest the Mr. HAYWORTH. Well, I thank my This is a miserable idea to have on stories of risk that that man took, colleague from Maryland. the books. It is a failed exercise. What- Lewis and Clark, both of them, and Mr. Speaker, as I was listening to my ever good intention there may have their party, in coming across to dis- two colleagues from California, I been behind putting it on the books in cover this new land and map out this thought some incredibly valid points the first place, we now have nearly a continent. were made this evening in this Cham- century of experience with it. It de- I cannot help but think what either ber to the rest of the American people. serves to die. The death tax deserves to Meriwether Lewis or Thomas Jefferson My colleague from Orange County die, and we should repeal it. And that would have thought had they realized pointing out in a very poignant fashion is why I am so happy to see so many that this country had come to the the human toll, the emotional equation Members here on the floor fighting for point where the U.S. Government is that was sacrificed in the name of ac- that effort. taking away wealth from not even the counting brought about by this radical Mr. EHRLICH. Mr. Speaker, I again rich, I mean this is middle-class stuff redistribution of wealth, this success congratulate the gentleman on his here, and that they are actually into tax, this death tax, and my colleague great leadership with respect to this income redistribution. from northern California, the first issue. We have been joined by two of It was fascinating to make that com- vintner to work in elective office as a our great colleagues, Mr. RADANOVICH parison of when you go back and you constitutional officer since the third of California and Mr. HAYWORTH Of Ari- are privy to so much here in Washing- President of the United States, Mr. Jef- zona. What I would like to do is, Mr. ton about how this country started and ferson, history will provide us the an- COX, I would like for you to comment the founding principles and the people swer whether or not my colleague from on this question as well, because you and the ideas they had and such hope northern California will follow Mr. Jef- have pointed up some very pertinent that they had for the American people, ferson as time passes, but you ask the facts concerning the history of this then come to find out that we are in a question historically, what would our very unfair tax. situation where we are charging cap- founders say, not only explorers such You pointed out that it began as es- ital gains and we are imposing a death as Meriwether Lewis, not only figures sentially a tax on the very, very tax on the American people. Frankly, I such as Thomas Jefferson, but one of wealthy. And it has come to represent just do not think it was really what those great men who really had a life a real punishment scheme against mid- they intended when they put this coun- that in many ways paralleled Jeffer- dle class folks in this country, particu- try together with the ideas that they, son’s, overlapped, Jefferson’s indeed larly small business people. I will just the founding ideas that they came up one of the other founders of this Na- cite a recent study from the Center for with. tion, Dr. Franklin of Pennsylvania, the Study of Taxation wherein it is es- So it is unfortunate, I think, that we Benjamin Franklin, not only one of our timated that over a 7-year period, GDP have come to this position, what we founders but, at the time of this emer- would increase $79.2 billion, 228,000 the American people have allowed to gence on the American scene, one of March 11, 1997 CONGRESSIONAL RECORD — HOUSE H871 our great humorists and philosophers. sophical divide in this 105th Congress day, what we have lived. And my ques- And I believe it was Dr. Franklin, in amidst this era of good feelings and bi- tion to Mr. COX is, how did we get to his writings for Poor Richard’s Alma- partisanship, it is of course the notion where we are? How did the gentleman, nac, who said there were two cer- that our opponents believe, many of who has been a great leader on these is- tainties in this life: death and taxes. them, that a centralized government sues, and others in this body have been But I do not believe even Dr. Frank- redistributing the wealth knows what great leaders on these issues, how did lin, with his prescience, could have told is best. We say the contrary is true; we fail to send the right message to the us that today this constitutional re- that the American people, working American people that we will no longer public would tax people upon their families, since this tax extends now not penalize risk in this free society? death. Of course, in the wake of the to the super wealthy but to those of Mr. COX of California. Like so many largest tax increase in American his- moderate means, who have worked all things, and I thank the gentleman for tory visited upon the American Nation their lives, to, yes indeed, working yielding, these taxes were born of good of the 103d Congress, when our current families, by allowing those families to intentions. Like so many government majority was in the minority, when provide for themselves, by allowing the programs, they started out as simple three of us amongst the four were pri- fruits of their labor to be invested, we things and grew into complexity and, vate citizens, a retroactive tax increase will in fact continue to build this econ- in fact, inefficient complexity, so much at that. omy and continue to be the envy of the so that they fail utterly in achieving Mr. Speaker, colleagues, I have been world. the intended purpose. Capital gains is a across the width and breadth of the So I am honored to be here. I cer- perfect example. Sixth District of Arizona, visiting with tainly appreciate the efforts of my col- As recently as 1978, capital gains a variety of constituents in a variety of league from southern California, and I taxes were even higher than they are town hall settings. And from retire- thank the gentleman from northern now. And in 1978 there was a bipartisan ment communities in Sun Lakes to California, and my good friend, who effort to reduce that rate of tax on cap- high school classes in Fountain Hills to makes, in essence, a half an hour or 45- ital gains. Because back then, in 1978, gatherings in Flagstaff and, indeed, minute commute from his district in people knew if we called it capital this Saturday in Payson, AZ, on topic Maryland, and we invite him out West gains, the country might not under- continues to come up. It is this death to catch up on his reading from time to stand what we were talking about. tax so onerous, so oppressive that we time and also visit with some of our They understood it for what it really pay with a human toll that even as elo- constituents. I think we understand was, a penalty tax on savings and in- quent as the numbers my colleague what is a truth which stretches from vestment. from Maryland offered tonight, takes a coast to coast and, indeed, to the 49th On a bipartisan basis, I remember the human toll not only on the families af- and 50th States of our Union as well. gentleman from California, my Sen- fected, as my colleague from Orange Mr. EHRLICH. I thank the gen- ator, Alan Cranston, my Democratic County, CA pointed out, but also upon tleman for his invitation, it is accept- Senator, fought very hard to reduce what could be the creation of new jobs, ed. that penalty tax on savings and invest- the expansion of wealth, the preserva- Mr. HAYWORTH. Indeed. ment because it was depriving people tion of small businesses. Mr. EHRLICH. I wanted the gen- of the opportunity to work. It was kill- That is why I am so pleased that my tleman from Arizona and my class- ing jobs, to put it quite simply. colleague, Mr. COX, has introduced his mate, the gentleman from California, So we reduced the rate of tax in 1978 legislation. That is why I am honored, to respond to this question, but I will from a very punitive nearly 50 percent as the first Arizonan to serve on the first direct it to the senior member of down to 28 percent. And the truth is House Committee on Ways and Means, this group, the other gentleman from that, although all the government rev- where we have jurisdiction over these California, Mr. COX. enue estimators predicted that we issues of taxation. We have talked about the state of the would lose money, because after all we law. We have not talked about how it made the rate of tax lower, the next b 2115 got to be what it is. We talk about suc- year, what happened? The Treasury of While I am so enthralled with the cess, and the gentleman from Arizona the United States collected more majority on that committee, the gen- and the gentleman from California money in so-called capital gains taxes, tleman from Texas, Mr. ARCHER, and were very eloquent, but when we think it is actually a penalty tax on savings many others, who want to throw off about it, risk is really at the bottom of and investment, than they had the year the yoke of oppressive taxation to offer success, because what do we do in a before. And the same thing happened true compassion to the American peo- free society? We encourage folks, com- the next year and the next year. ple, not some formula for the radical panies, individuals, sole proprietors to It was $9 billion that the government redistribution of wealth that would tell go out and risk sometimes their life got in 1978. They were getting $11 bil- the American public that Washington savings to start a business, to expand lion from that tax at a lower rate of 28 knows best, but a notion that people their business. Within successful risk percent in 1980. could truly put their families first and we have jobs and jobs creation. Mr. KINGSTON. Would the gen- in so doing could provide for others I have a quote from Chairman Green- tleman yield for a question? through the virtues of our free market, span, who appeared before the House Mr. COX of California. Of course. Be that is the challenge that confronts us Committee on the Budget last week happy to yield to my colleague. today. and in front of the Senate Committee Mr. KINGSTON. Would the revenue From Fountain Hill to Sun Lakes to on Banking, Housing and Urban Affairs from capital gains taxes go up because Flagstaff, I am hearing from constitu- in February. On capital gains this there were more transactions, because ents of all ages of their very genuine time. Think about these words: ‘‘I people no longer hoarded their money concern about the death tax, their very think it is a very poor tax for raising but they went back into the market- real reservations about our entire sys- revenue.’’ This is a quote. ‘‘And, in- place and traded goods? tem of taxation, and a notion that, yes, deed, its major impact, as best I can Mr. COX of California. That is pre- some tax must be paid, of course, but judge, is to impede entrepreneurial ac- cisely what happened. Capital gains re- why would we punish success? Why tivity and capital formation. While all alization, and we have the data on that would we punish people who have taxes impede economic growth to one as well as we do on revenues, sky- taken risk, who have provided jobs, extent or another, the capital gains rocketed. So what happened in 1981? We who have helped to build the economy? tax, in my judgment, is at the far end passed the Economic Recovery Tax Act What is inherently selfish about that? of the scale.’’ and reduced that rate of tax still fur- For it is not greed; it is, instead, be- Think about those words from the ther, all the way down to 20 percent nevolence and true compassion through chairman. Think about what we know. from an initial high rate of 48 percent. the free market to offer jobs. Think about what the gentleman hears And once again the government reve- While many in this Chamber may dis- in Arizona, what the two gentlemen nue estimators said if we reduce the agree, and if there is a major philo- hear in California, what we hear every rate of tax on capital gains of course H872 CONGRESSIONAL RECORD — HOUSE March 11, 1997 we will get less taxes. And they ignored come in this business, we will take a peak of his income. He saved his money 3 years of history when they said that. look at their balance sheet and see all his life, buying Exxon stock or IBM, But we then found in 1981, 1982, 1983, what assets they have, and we will the blue chip stuff in the 1960’s and the 1984, 1985, all the way to 1986 that reve- force them to liquidate them and pay 1970’s. Now that stock has tripled in nues went up and up and up, from that taxes on their net asset value. value and he has accumulated assets basic $9 billion at the high rate of 48 So let us say that an individual is, as and he cannot sell it for a medical percent, to $50 billion at a rate of 20 farmers like to call themselves often, emergency or long-term care in his re- percent. cash poor and land rich. The only way tirement now because of the huge cap- And why did it stop in 1986? The gen- an individual could have any money is ital gains tax. tleman asked how we got here from to sell off the whole farm. That is what Another person. A widow. Lives out there. Because Congress decided this the Government wants them to do. on Whitmarsh Island. I represent the had been such a successful experiment That is what they want that family to coast of Georgia. Whitmarsh Island is a moving the rates down, they wondered do. They want the family farm to suf- beautiful barrier island. Actually, it is what would happen empirically if we fer. Bust it up, sell it, corporatize it, not a barrier island, but it is an island. raised them, and they raised the rate of get rid of it, as long as the Government Waterfront property. The woman tax on capital gains back up again. gets its death taxes. bought the land with her husband in Revenues fell off to $33 billion from $50 The only people that are unlucky the 1960’s, and in the 1960’s this prop- billion in 1 year. enough to be in this position are the erty, which is 2 or 3 acres, was worth And as of now, as we debate here to- folks who are cash poor because they $25,000. Today that same piece of prop- night, the Internal Revenue Service’s could not hire the tax lawyers, the erty is worth $500,000. Husband is dead. most recent data are that we still have fancy accountants to do the tax avoid- She is now a widow. She is on a fixed not got back up to the level of capital ance trusts that all the rich do to avoid income and she has a fixed income of gains revenues to the Treasury of the paying this tax, which is why less than about $15,000 a year. United States that we had in 1986, 10 1 percent of our Federal revenues come If she sells the property to raise years later. from this. money for long-term care, she is taxed That is how we got there from here, Even then this is the most inefficient at the $500,000 tax bracket or whatever with the best of intentions. And our way that the Government could imag- she can get for the property. Again, she Government revenue estimators, even ine to collect tax because, guess what? would be helped by a capital gains tax now in 1997, are telling this Congress We do not know what this is worth. We relief. that if we reduce the rate of tax on do not know what the property is b 2130 capital gains, the Government will lose worth. If it has been a family business revenues. Where have we heard that be- for a long time, they have not been Another one, a young person, some- fore? selling it back and forth, it is not a body who is about 38 years old, bought If we did not like all the empirical marketable asset. And if they are bust- some land in a commercial-residential evidence from America, we could look ing up the business, it is no longer a mix area, an area that was going com- at Mexico and other countries that going concern, so what is this asset mercial. It was a house. He paid $35,000 have had this same experience and we worth all by itself? for it 10 years ago. Today that land is could find that, as my colleague points So the family, the heirs, the people worth about $50,000. So he would have a out, there is more economic activity who are trying to carry on that busi- gain of about $15,000. Revco came in, stimulated. When we have a more mod- ness, but cannot, have to get in a law- the drug store, and offered to buy that erate rate of tax, the Treasury makes suit with the IRS. And how often does land from him. He did the math on it out better. this happen? Right now, as we debate and found out that after paying the So if we are worried about education, here tonight, there are 10,000 active capital gains on it, he would not have the environment, transportation, na- lawsuits over the question of valuing made any money off it after holding it tional defense, national security, any- the estate under the death tax. That for 10 years. So he says to Revco, ‘‘No, thing that we would expect our na- eats up all the money that the Federal I don’t choose to sell.’’ What does tional Government to do, we would Government might have gotten out of Revco do? They move elsewhere. That have more resources to do it by pluck- it because we have to argue for years in is two or three jobs right there in his ing the goose more gently. But these court about what the thing is worth. neighborhood that would have been punitive high rates of tax on savings It is a hideous example of govern- created, that needed to be created, that and investment are killing the coun- ment run amok. Perhaps with the best could not be created because the cap- try, killing job creation. of intentions it was put on the books in ital gains tax said no deal. Ultimately, the rich do not pay be- the first place, but it does not work The tax system is slowing down the cause the rich have salted away enough and the death tax deserves to die. economy, slowing up potential for already. The people that pay are the Mr. EHRLICH. I thank the gen- growth, and penalizing our elderly. ones who pay with their jobs. If we tleman for the history lesson. I appre- Those are 3 real life examples that I have a death tax that literally causes ciate it very much. I think we all do. know of. the business, their place of employ- Only in this town do people think Mr. EHRLICH. I thank the gen- ment to be busted up, of course they that when we raise taxes we generate tleman from Georgia. I think it is very lose their jobs. Of course they pay a additional revenue. It just does not important that we in these discussions 100-percent rate of tax. Of course they work that way, and the gentleman’s talk about real people in real life in are the ones bearing the entire burden numbers speak for themselves. History, real situations facing real problems be- on their shoulders. the empirical evidence, speaks for it- cause of the real burden we place on I wanted to make one more point and self. people in this town. yield back. We have talked about how We have been joined by our friend, Speaking of real small business peo- we are punishing success with the the gentleman from Georgia, Mr. ple, I know the gentleman from Cali- death tax. We are also not just punish- KINGSTON, who I know is over there fornia [Mr. RADANOVICH] recently mar- ing people of modest means, we are chomping at the bit as well. I welcome ried, and we all congratulate the gen- punishing people who can barely scrape him to our discussion here tonight. tleman, our good friend. He has a real by, because there is nothing in the Mr. KINGSTON. Mr. Speaker, I life story of his own. death tax that says you have to be thank the gentleman for yielding. I Mr. RADANOVICH. My appreciation making money. wanted to talk about three people who to the gentleman from Maryland and What the death tax says is even I know to be constituents and I have my wife in the gallery says to say though individuals paid property taxes changed their names only. hello. on their assets throughout the lifetime One is a man who worked hard all his Mr. Speaker, the comment that I did of their business, year in and year out, life and had a good income, was not want to make is that, first, in ref- even though they paid income taxes, wealthy, he made about $40,000 a year erence to starting business and what we do not care if they have any net in- his last couple of years. That was the you had eloquently said earlier about March 11, 1997 CONGRESSIONAL RECORD — HOUSE H873 the fact that those who take the risk they decided to get into the business of for the capital gains tax. As my col- should get the reward. social activism by imposing taxes of league from Maryland pointed out, One of the things I find very, very in- such an abnormal nature as these, they since people want to see a reduction in teresting in having taken a certain have made things worse and they have those rates, should we then rename amount of risk on my own in the pri- done a poorer job of it. that the success tax, because you are vate sector is that there are a lot of I think that is sum and total what we taxing and penalizing success. people that are there that want a piece face when we are in Washington, us Mr. COX of California. You might of that that may not have taken that being freshmen and having the privi- have to call a significant part of it the certain element of risk and it is very, lege of being here with the gentleman inflation tax because, just like with very important to understand that that from California [Mr. COX] and the gen- death taxes, there is no rule that says is part of the reward from stepping out tleman from Georgia [Mr. KINGSTON], is you have to be successful in order to and doing something that might be out that we have the ability now to change have to pay it. The capital gains tax, of the norm, in creating wealth or in something like that. But somebody has or what I prefer to call the penalty tax any venture. Those who take the risk to understand whose responsibility is it on savings and investment, might also deserve the reward. They should not be to create wealth in this country, whose be called the inflation tax because, as redistributed. responsibility is it to create jobs, and we all know, we have inflation in this The final point that I want to make, that is something that is a moral im- country and over time it adds up a unfortunately I have to leave the perative that should not be the respon- great bit. Chamber, it is when government begins sibility of the Government. If you buy a piece of land, you buy an to get too big, when it becomes too Mr. EHRLICH. Well put. I thank our asset, you start a small business, just large in the great scheme of things in colleague from California. to use an obvious example of a corner America, when it begins to assume too The gentleman from Arizona earlier grocery store, although we do not have many responsibilities from the Amer- used the phrase that folks, quote, want too many of those, partly for this rea- ican people, when it becomes activist us to throw off the yoke of oppressive son, in America, but let us say you in social issues and begins to get in- taxation. have got a corner grocery store. And so volved in social engineering, you do My inquiry to my good friend is, is you buy the store. The Tax Code says have to dream up quite a few different there anybody in Arizona who thinks that is a capital asset. If you paid ways to raise revenue. What might be they could do better with a few more $10,000 for it 20 years ago, with infla- the norm, and how to levy taxes on, bucks in their pocket, who believes tion, what is that worth today? say, sales tax or income tax, which has that a cut in the capital gains rate, or I do not have my calculator, but any- even been accepted as the norm these elimination of capital gains differen- one can figure out it is not 10 grand days, you can go the extreme on issues tial in this country, will result in an anymore. If you sell the grocery store such as capital gains and estate taxes. awful lot more economic freedom and for less money than you paid for it in the first place, the nominal selling It is because I believe that government capital formation and jobs and wealth price, because of inflation, is going to has gotten far too involved in social is- creation? sues that they have gone so far as to Mr. HAYWORTH. I thank the gen- be more than you paid for it and you levy taxes in areas where the Constitu- tleman for yielding. To answer his are going to be taxed on the difference. tion never meant them to be in the question, what I hear from people of So even though in real life you lost first place. various political persuasions, indeed if money, you are not a rich person, they are going to start requiring you to pay Again, it is not the responsibility, I we return briefly to the political sea- tax on that sales price. think, of the Federal Government to be son, one of the areas of discussion was enhancing the social network or to be The truth is that because we have the notion of helping working families. not indexed for inflation a property getting involved in social activism. I As our colleague from southern Califor- tax, you do not have to make money, would read in the Good Book that nia has pointed out, as our colleague you can be losing money and still owe there is a story in the Bible that talked the gentleman from Georgia has re- a significant tax. It can be a tax that about the man who gave equal amounts counted with real-life experiences, as I wipes out any hope that you have of of money to three different people and hear in town hall meeting after town even surviving, particularly if that was he punished the one who hoarded the hall meeting, there is an insistence, your life savings, particularly if that is money. It is the responsibility of not born of greed but of genuine com- your only asset in life. To take some- Americans, I think, with the money passion and old-fashioned Yankee inge- one’s entire life earnings, their entire that they have been blessed to be able nuity, that people want to hang on to life’s work and tax it all in one ac- to earn, to regenerate that, to create more of their money to save, spend and counting period as if it is just income jobs with it, to reinvest it in their com- invest as they see fit on their families, from a job, particularly when they paid munity, to create jobs for many, many not rejecting the notion of compassion income tax on it all through their life, people. It is not up to the Government but to truly be compassionate. And so is not only double taxation but it is pu- to take that money away and penalize what I hear, to answer my colleague’s nitive and it is an inflation tax, QED. that person for their own initiative and question, is widespread interest in Mr. KINGSTON. If the gentleman somehow be responsible for that moral changing, repealing as my colleague will yield, there is also certainly class obligation of creating wealth and pro- from southern California says, death to envy in this to some degree that we do viding jobs in the community of the death tax, and rethinking and re- have certain politicians playing on Mariposa or Timonium or in Tempe or ducing the capital gains taxes. class envy because they can get re- in some of those other areas. It is not Indeed, we might point out, Mr. elected easier if they stir up income Government’s responsibility to be Speaker, for some of the American peo- groups against other income groups. doing that. It is the individual wealth ple who join us here, as my colleagues Nowadays it just seems to be horrible creator’s responsibility to be doing from Maryland, California, and Georgia to be successful. that. Again, it is just another example have been talking tonight, just a brief For example, in Atlanta we have of somehow, somewhere through the lapse into previous terminology. When CNN. Ted Turner brought it in. If we process of government getting way too we talk about the death tax, it is truth have a capital gains tax reduction, will big and getting involved in way too in labeling, because under the current Ted Turner make out? Yes, he will, and many things that they have dreamt up scheme, in the current lexicon, people I do not think it is a virtue for me to this idea that they should social engi- talk about estate taxes as if this were bash him for that. Is CNN good for At- neer this country and, oh, by the way some sort of palatial gains. It does not lanta? Yes. Has Ted Turner brought they are going to impose a death tax tell us the truth. It is a tax literally lots and lots of jobs to Georgia? He cer- and they are going to impose a capital upon people who die, there is a penalty tainly has. Has he taken lots of risk? gains tax to fund this thing and, by the for dying, and my colleague from Cali- Yes, he has. For that he has been re- way, is the social fabric of this country fornia pointed it out. warded through the accumulation of any better over the last 30, 40, 50 years? I just wonder, Mr. Speaker, if we personal wealth, and I do not think be- I say no, absolutely not. Not only have should also come up with a new term cause of that that I need to sit back H874 CONGRESSIONAL RECORD — HOUSE March 11, 1997 and say, well, let us tax him more be- b 2145 Mr. HAYWORTH. I thank my col- cause he has been successful. Not just Mr. Thigpen, the name of league from Maryland for organizing I was talking to a group of people one the man in this real life example, and this special order this evening, Mr. time, I said, ‘‘When you die, should his family and the people who work Speaker. I would simply point out an- your house be cut in half and part of it there who pay 100 percent tax when other real life example that reaffirms go to the Government? If you have two they lose their jobs, not just the loss to the fact that this even affects working cars, for example, should one go to society of this tree farm, which has families. your children and the other one go to won environmental awards, not just Once on national television, on C- Uncle Sam?’’ They said certainly not. I the fact that the whole business is SPAN I, one morning one of my con- said, ‘‘You realize,’’ and maybe the going to be wiped out, not just the un- stituents called in discussing his situa- gentleman could correct me if I am fairness of it all, but environmental de- tion in Pinetop/Lakeside, the fact that wrong, but I believe the threshold is $3 struction on top of it, improper stew- he was a working man, and as my col- million, ‘‘if you have an estate of $3 ardship of our natural resources, be- league from California pointed out, be- million, the tax rate becomes 53 per- cause the Government is so ham fisted cause of inflation involving some of his cent, I believe, or thereabouts.’’ and foolish about the way it collects land holdings, land that he had in- Mr. COX of California. Fifty-five per- revenue. vested in, pinching pennies, if you will, cent, actually. Mr. EHRLICH. Mr. Speaker, the gen- trying to take care of his family and Mr. KINGSTON. OK, 55 percent. So if tleman from Georgia brings up a really also provide for them. When he chose you have an estate of $3 million, when interesting point which was really part to sell that land, he was penalized; he you die Uncle Sam is going to get half of our earlier discussions concerning remained in essence cash poor. That is of it. Not your children, not your how we got here, how we got to where the unfairness of the success and infla- grandchildren, not your friends, not a we punish people who go out and take tion tax otherwise known as the cap- charity, but Uncle Sam. You talk to risks and accumulate capital and cre- ital gains tax. people about that, they do not realize ate jobs. And the gentleman talked I thank my colleague from California that, because most of us will not accu- about class jealousy, class warfare, and for giving us a real life example of mulate $3 million, unfortunately. But is it not true that unfortunately in what happens when a group of people still, just because they have been suc- American politics today class warfare, say death to the death tax. It can pro- cessful, they have to have a 55 percent successfully argued, leads to votes? Is vide new economic life and vitality for tax rate when they die. that not a proven formula? Is that not scores of Americans. It offers true com- Mr. COX of California. If the gen- unfortunate? Is that not an unfortu- passion not through the radical redis- tleman will yield, it is very important nate comment about the state of de- tribution of wealth, executed by Wash- to stress this point. It is the one that bate in our country today when it ington bureaucrats, but through the my colleague from Arizona just made a comes to what should be relatively— drive, energy, tenacity, and ingenuity moment ago. This is not a tax on es- and I understand the gentleman from of the American people who are willing tates as in mansions or what have you. Arizona talked about earlier there are to save, spend, and invest in their own Imagine, for example, a real-life ex- philosophical differences, legitimate families, give of their own hearts to ample of a tree farm. Let us imagine philosophical differences, on the other charity and in essence help provide for that the land that underlies the tree side, but the fact is and the evidence, the next generation. farm is worth $3 million. But let us as the gentleman from California has Mr. EHRLICH. Mr. Speaker, I thank imagine that this tree farm, as it cur- articulated tonight, the evidence is all my colleagues. rently exists, has been very carefully such that decreasing taxes, ceasing the f husbanded by, as is true in this case of punishment of success results in eco- TIME TO END CORPORATE the Mississippi tree farmer, the grand- nomic growth, but not necessarily WELFARE AS WE KNOW IT son of slaves, who has gotten not only votes. his family but a whole lot of the people Mr. COX of California. If I might just The SPEAKER pro tempore. Under a in the area employed there. interject, one of the reasons you see previous order of the House, the gen- And then let us imagine that this some Californians out here on the floor tleman from New York [Mr. OWENS] is man is getting on in his years, and he is that California repealed our death recognized for 5 minutes. is beside himself because he cannot tax by the initiative of the people, and Mr. OWENS. Mr. Speaker, it is time think of any fancy estate planning every time you hear somebody say to end corporate welfare as we know it, technique that will keep that tree farm class warfare, you know only some and many of the kinds of tax cuts we alive. When he dies, he is looking death small segment of the population will are talking about before for individ- in the eyes now because he is on in go for repealing death taxes, do not be- uals, certainly the capital gains tax on years, he knows that his family, his lieve it. The most populous State in homes, would be eliminated or could be sons and what he considers to be his the Union repealed our death taxes by eliminated if we were to go after our extended family, the people who work an initiative of the people, and we can Tax Code and make the necessary ad- on that farm, are going to lose their do it in the people’s House. justments and close the loopholes and opportunity to run it, the thing that he Mr. KINGSTON. If the gentleman end corporate welfare. It is time to end built up throughout his life, because will yield, you know what this is corporate welfare as we know it. Great they are going to have to liquidate it, about, as Mr. COX just said, this is not injustices have been done over the past sell it, put it on the auction block in about protecting the assets of wealthy 2 years as we have sought to cut back order to pay the tax man, and there families so that when the oldest person on expenditures. We have gone after will be no more tree farm. or whoever dies that it can be passed the poor, we have used a microscope Do you know what is going to happen on and then the rich can remain rich. and focused it on the weakest and poor- to that land? It is going to be devel- This is about economic prosperity, cre- est of Americans. oped. It is going to be subdivided, it is ating an American dream that is acces- A great injustice has been done in going to be purchased by somebody sible for everybody where the unem- the welfare cuts. It is estimated that as who is going to put houses on it, a ployed can get a job, get on the eco- many as 2 million children will go hun- shopping center, a strip mall or what- nomic ladder and go out and share in gry as a result of welfare cuts. A great ever it takes commercially to take ad- the American dream through upward injustice has been done in the immi- vantage of the fact that after capital mobility. We are talking about a tax gration reform. The cuts that take gains taxes, after death taxes and so system not to protect the rich but to place as a result of immigration reform on, this has some economic viability. create opportunities for everyone so are elderly people who are not citizens, So somebody who buys this property is that the American dream is accessible. who in large numbers will end up going going to want to make money on it, be- Mr. EHRLICH. I thank the gen- hungry, and some will starve, you cause that is life, and we now have, tleman from Georgia. know. And now we have a situation with death taxes, an additional cas- The last word goes to my colleague where we place a microscope on the ualty. from Arizona. poor who receive Social Security and March 11, 1997 CONGRESSIONAL RECORD — HOUSE H875 other groups that receive a cost of liv- uals, we ought to cut taxes for fami- the part we want you to enforce, and if ing index increase from year to year, lies. The problem is that the swindle you enforce that, we will realize a min- but mostly it is people on Social Secu- comes when you have had over the last imum of $70 billion in this year because rity. 20 years a tremendous increase in the we are talking about the law not being A lot of us worry about tampering taxes on families and individuals while enforced for the past 3 years. with Social Security. Yes, they are corporate taxes have gone way down. If you go back and look at the failure tampering with Social Security, they Corporate taxes were almost at 40 per- to enforce the law, you will find that a have already tampered with it when cent at one time while individual taxes number of corporations have violated they made a great cut and took away were 27 percent. Now corporate taxes in large numbers, and if you apply a the entitlement for Aid to Families are down to the level of about 11 per- penalty, and it is a pretty stiff penalty, with Dependent Children. That is part cent, and individual taxes and individ- the penalty is 39.6 percent. That is a of the Social Security Act. ual family taxes are up at 44 percent. penalty. If you apply the penalty for Now the CPI discussion, the discus- So one of the days that we want you the people who have violated it, it will sion about how to change or tamper to watch is tomorrow when we launch generate a windfall of $70 billion. with, sabotage, the Consumer Price the war against corporate welfare, and This is a letter to my colleagues ask- Index is another method, another tool, we will lay out the details as to where ing them to sign on, and I hope that for oppressing the poorest and the you can get billions of dollars from the those who are listening will take a weakest people in our society. The mi- loopholes that will be closed and the look at the letter to Commissioner croscope is now on the poor people who various other programs that will be Richardson and will sign the letter. receive cost of living increases. Most of eliminated that constitute corporate Needless to say, we are preparing de- those people are on Social Security. welfare. tailed proposals for the expenditure of So instead of doing that, you know, We are going to add to that, and part this windfall of revenues resulting from why do not we go after the really big of that list is a step to enforce the Tax enforcement of the law and the collec- money? Instead of squeezing the little Code that exists now which does not re- tion of the penalties. We want to deal people, you know the cuts in welfare quire any legislation. with this year’s budget in the process produced small amounts of money be- The other day I want you to remem- of balancing off expenditures against cause you were dealing with 1 percent ber, and you cannot forget it, is April revenue. of the total Federal budget. If you go 15. April 15 is the deadline for filing in- The progressives and liberals have after corporate welfare cuts, you are come tax returns. Nobody forgets that. not dealt with revenue in a proper fash- dealing with the really big money. The Most Americans, vast number of Amer- ion over the last 50 years. We have al- big money is in corporate welfare. The icans, the great majority, obey the Tax ways been concerned with how will the big money is in the Tax Code, the tax Code. We have more tax compliance in Government take care of the needs of giveaways, and today I am going to this country than we have in most the people in terms of expenditures. We talk about the big money is there be- other industrialized nations. have not looked enough at how the rev- cause the Internal Revenue Service re- Americans obey the Tax Code; they enue side works, where the taxes are fuses to enforce the Tax Code properly. respect the law. Individuals and fami- coming from and what the injustices Mr. Speaker, their refusal to enforce lies respect the law, and they obey the are there. the Tax Code properly wastes large Tax Code. The pattern I have described repeat- amounts of money. We can get as much On the surface corporations obey the edly here is that over the years because as $70 billion in this present year if Tax Code, but if you look closely, there of the fact the progressives and liberals they would just enforce the Tax Code are some instances where not only are and people who care about the major- properly. We can realize a $70 billion the corporations not obeying the Tax ity of Americans have not looked at windfall as a result of enforcing the Code, the Tax Code that already exists, the tax side, they have swindled us by Tax Code properly. That 70 billion or but they are also not being bothered by steadily reducing the tax burden of cor- more, I am going to talk about that in the IRS. porations while they steadily raise the a minute. The Internal Revenue Service is not burden on individuals. I wanted to emphasize two important seeking to enforce the Tax Code. We So I want to call this letter to your dates. One date is March 12, tomorrow, are going to talk about that. attention, and for those who are inter- Wednesday, when the progressive cau- Why is the focus always on the poor ested I want to submit it in its en- cus will launch the war against cor- and extracting more from the poor, and tirety. Mr. Speaker, I want to submit 2 porate welfare. We are being joined by we never seem to see the obvious, and items for the RECORD. One is a Dear members of the Black Caucus. There that is that great amounts of money Colleague letter to my colleagues in are a number of other Members that do are being wasted in the Tax Code. the Congress asking them to join me in not belong to any caucus. We are being Great amount of moneys are not being this communication with the Tax Com- joined in launching a full-scale war collected. We are giving a free ride to missioner, and the other is the letter, against corporate welfare. That is corporations. the actual text of the letter to Internal going to take place tomorrow with a Now I have sent out, and this is com- Revenue Service Commissioner Mar- press conference to start the process plicated. I intend to take it slow and garet Milner Richardson. where we will list 15 items, 15 cor- submit for the RECORD, for those who Now this is part of the opening war porate welfare items, items where are interested, a number of documents against the war that will begin tomor- large amounts of money will be gen- that will help you if you want to find row against corporate welfare. Mr. erated. out what the background is all about. I Speaker, I submit in its entirety for Now, we are doing this under the have sent a letter to my colleagues the RECORD, these two documents: aegis of the Progressive Caucus, but we asking all of my colleagues who are in- FEBRUARY 12, 1997. are happy to announce and would like terested to sign this letter to the Inter- DEAR COLLEAGUE: I am writing to request to call the attention to everybody that nal Revenue Commissioner. We have your support and signature for a letter to the sent out a letter to the Honorable Mar- Commissioner of the Internal Revenue Serv- the chairman of the Committee on the ice which may immediately generate more Budget, Mr. KASICH, is also waging his garet Milner Richardson, and we are than 70 billion dollars in revenue. No legisla- own small-scale war on corporate wel- going to send a letter out as soon as we tion is required. No new rule-making is re- fare. At least he is using the right lan- get some additional signatures, and quired. This effort only requires the Depart- guage, but he does not want a real war; this letter is just saying Dear Commis- ment of Internal Revenue to enforce existing he wants a few brush fights. We want sioner Richardson, please enforce the law. to go further and lay it out for the law; please read the Tax Code and en- Please read the attached letter. In sum- force the law. There is a simple section mary, it contends that many corporations American people: Yes, your taxes have been acting in violation of the law. ought to be cut. of the Tax Code, Sections 531 to 537 of Since these corporations have been purchas- I agree with the substance of what the Internal Revenue Code, which deals ing large quantities of their own stock, they the gentlemen were saying before. We with violations related to unreasonable have been acting in violation of the ‘‘unrea- ought to cut taxes for ordinary individ- accumulation of surplus, and that is sonable-accumulation-of-surplus’’ provisions H876 CONGRESSIONAL RECORD — HOUSE March 11, 1997 of sections 531–537 of the Internal Revenue These enormous buybacks demonstrate amended the statute by adding section 532(c), Code. At present these violations are accel- clearly that America’s largest corporations ‘‘The application of this part to a corpora- erating. are accumulating profits and earned surplus tion shall be determined without regard to Please read the attached letter thoroughly. far beyond the reasonable needs of their the number of shareholders of such corpora- Within five days we will be forwarding it to businesses, and in virtually every case they tion.’’ the Internal Revenue Commissioner and we are paying dividends that are a very small Please understand, Commissioner, that need your signature. To offer your support fraction of their earnings, often less than this is a simple request from elected rep- please call Kenya Reid or Jack Seder at (202) 20%. For example, in the two years 1955–56, resentatives of the American people that 225–6231. IBM earned about $9 billion, or $21.00 plus your office immediately take steps to en- Needless to say, we are preparing detailed per share. Of this amount, it paid out com- force the law. proposals for the expenditure of the windfall mon dividends of only about $1.4 billion (2.80 We look forward to an early response from revenues resulting from an enforcement of per share). All of the rest—and then some— the Internal Revenue Service. the law and a collection of the penalties. went to buy its own stock * * * $5.5 billion in Sincerely Yours, Probably we will propose that one half of all 1995 ($4.6 billion common and $870 million MAJOR R. OWENS, such penalty revenues collected should be Preferred) and $2.3 billion in the first half of Member of Congress. used to reduce the deficit. The remaining 1996, with the two-year total probably $10–11 b 2200 half should be used for one-time capital ex- billion. (True, IBM has a multi-billion cap- penditures for education, job training and ital spending program, but this is much more Mr. Speaker, I am one of those who is job producing work projects. than on amply covered by its huge additional not ashamed to be called a liberal. In A clearly enunciated, innovative but prac- cash flow of $10–12 billion for the two years, fact, I am proud of it. I am a liberal, I tical tax and revenue policy is a long over- from sale of capital assets and from items am progressive, all of those kinds of due need for Progressives, Liberals and all others who represent the Caring Majority in that are deducted on the earnings statement things that people seem to shrink away America. Before the completion of the budg- but do not involve cash outlays, principally from. Our group has not disappeared. et and appropriations process we must depreciation, amortization and deferral of Contrary to rumor and some of the enunciate such a policy. While a wise, com- income taxes.) talking heads on TV, we are alive and We ask you this. Is there not here, and in passionate and practical spending program dozens of similar cases, a clear cut case for well and there are more of us than must remain a priority, we must elevate our immediate assessment of the 39.6% penalty some people think. advocacy of tax and revenue measures to the on all amounts used for stock buybacks? Is We really represent the majority of same priority level. Americans. If you care about people, if At the center of the Caring Majority’s pol- there any need to get into an elaborate dis- icy must be the commitment to significantly cussion of reasonable needs of the business you want to see the wealth of America reduce taxes for middle and low-income fam- as envisioned by sections 533 and 537? distributed in a way that benefits all ilies and individuals in America. To offset To be specific: Americans, if you want to see our soci- (1) These corporations are paying very such reductions in the overall income tax ety hold together, the society, if it small dividends, amounting to a small frac- revenues we must increase income taxes paid holds together, will protect everybody, by corporations. tion of their earnings. (2) Therefore, since prima facie the surplus and the people that have the most to It must be noted that the overwhelming re- gain from a society that holds together liance on income taxes is a subject that de- they have used to buy their own stock has serves thorough discussion. It is time to ex- been accumulated beyond the reasonable are the rich. The rich have the most to amine more closely the possible revenues needs of the business, the 39.6% penalty lose if our society breaks apart as a re- that might be derived from selling and/or should be assessed. Our study of earnings sult of extremism and rampant injus- leasing the spectrum which is owned by all statements, cash flow statements, and bal- tice. Americans. Greater revenues from the sale ance sheets leads us to conclude that in What is happening now in Albania, and/or lease of other citizen owned property many cases the 39.6% penalty might reason- the society is about to fall apart be- ably be applied to even larger amounts than must also be on the agenda of prospective cause the government did not regulate sources. A ‘‘value added’’ or some similar big the stock buyback amounts. But that would trigger an extended discussion of needs of the capitalists. It is as clear as that. ticket item consumer tax must not be ruled The Communists had been ruling in Al- out. the business and other considerations. These are all tax and revenue consider- It seems to us that our suggestion has the bania for all of those years, and finally ations to be discussed over the next few virtue of elegant simplicity: ‘‘You spent a the poor people of Albania had a break, weeks. The business at hand now is the en- billion dollars on stock buybacks. Your pen- they had democracy, they had capital- forcement of the present tax code. This alty is 39.6% or $396 million.’’ We suspect ism, and they allowed swindlers to should be the core of our 105th Congress that the Commissioner could do this in a come in with pyramid schemes that budget and appropriations program. I look one-page notice * * * or two pages at most. We suggest penalties for 1994–96 because it probably most Americans would clear- forward to hearing from you. ly understand. But these people were Sincerely Yours, was during this period that public company new to capitalism, and the new pennies MAJOR R. OWENS, stock buybacks exploded to 12-figure totals. Member of Congress. In addition, we are not clear as to whether they had, they put them into pyramid the statute of limitations would bar these schemes. And they were swindled to CONGRESS OF THE UNITED STATES, penalties for 1993 and earlier years. Even if it the point where we had a revolution HOUSE OF REPRESENTATIVES, does, we suspect that many 1993-and-earlier break out, a violent upheaval break Washington, DC, February 12, 1997. corporate returns are still open while other out in Albania. Hon. MARGARET MILNER RICHARDSON, issues are being discussed and negotiated. In So it is to the benefit of everybody Commissioner, Internal Revenue Service, this connection, we ask you to take note of the fact that, while the dramatic surge in that the society hold together and, Washington, DC. therefore, a just system of taxation is DEAR COMMISSIONER RICHARDSON: My col- stock buybacks began in late 1994, some very leagues in Congress who have joined me in large amounts were spent many years ear- very important for that to happen. signing this letter are very much concerned lier. The Soviet Union’s economy is col- about a major loss of federal tax revenue re- Several giant corporations have been buy- lapsing because nobody wants to obey sulting from the failure of the Internal Reve- ing back their stock for ten years or more. the Tax Code. When the big corpora- nue Service to apply against giant corpora- As you know, the unreasonable-accumula- tions stop paying and they cannot col- tions the unreasonable-accumulation-of-sur- tion-of-surplus penalty provisions have been lect from them, we have chaos. So if in the income tax law since it was adopted in plus provisions of sections 531–537 of the In- they cannot pay the Social Security, ternal Revenue Code. 1913. Despite the fact that the statute as We believe that the IRS could—and originally enacted (and re-enacted a couple equivalent of Social Security in the should—immediately assess section 531 pen- of dozen times in successive revenue acts) Soviet Union, pensions, they cannot alties on the more than $275 billion that made absolutely no distinction between pub- pay it, they cannot pay government America’s largest corporations have spent to licly-owned and private companies, the prac- workers. buy their own stock in 1994, 1995, and 1996. tice and the general understanding was oth- Mr. Speaker, the head of the Soviet These penalties at 39.6% would total over 100 erwise. As Mr. Justice Harlan put it in 1969, Nuclear Science Development recently billion dollars. Stock buybacks by America’s quoting (or paraphrasing) Bittker and committed suicide because this man great public corporations are all the rage Eustice, ‘‘In practice, the provisions are ap- who headed a very prestigious organi- these days, according to the financial media. plied only to closely-held corporations, con- zation, guided his country into the pin- Total buybacks by corporations are reported trolled by relatively few shareholders.’’ (U.S. to have risen from $20–35 billion per year in v. Donruss, 393 U.S. 297). nacles of nuclear war weaponry, was a 1990–93 to $70 billion in 1994, just under $100 However, this de facto moratorium on ap- person with great status among other billion in 1995 and probably over $110 billion plication to public companies ended abruptly scientists with great status, found him- in 1996. in 1985. Congress in the Revenue Act of 1984 self in a position where he could not March 11, 1997 CONGRESSIONAL RECORD — HOUSE H877 get his scientists paid, his technicians; only are we wasting money, but people before, March 12. I will be joining with the whole establishment could not get are dying. Lives are being lost as a re- them to present a plan for eliminating, paid. They were behind many months sult of our inefficient, ineffective CIA or at least cutting back, 10 of the most in pay and they were promised that that will not even reveal its budget to egregious and outrageous budget-bust- they would be paid. And when the pay- us. ing corporate welfare programs. I think check finally arrived, it was 1 month So we want to end the waste. Lib- we raised that number to about 15. We only. He took out a gun and blew out erals want to end the waste. Progres- are going to add a few items, about 15 his brains. It is that bad in the Soviet sives want to end the waste. We need items that are budget-busting cor- Union. the money in Brownsville, a part of my porate welfare programs that we will When you have a complete collapse district that is the poorest district, we describe. We will lay out a plan for re- of a society because there is no respect need the money in Flatbush, we need ducing them tomorrow at the progres- for the Tax Code, no respect for the tax the money in Flatbush, we need the sive caucus press conference to launch laws, that is what happens. There is a money back in the district to rebuild our war against corporate welfare. great danger, if you let any segment of schools. We need the money in 1,000 dif- Our caucus has been researching and the society ignore the tax laws, there ferent ways which will benefit the soci- putting together a program to cut back is a great danger that you will get into ety far more than pouring it down the on corporate welfare and save the tax- a situation where you cannot enforce drain through corporate welfare and payers billions of dollars in 1 year and any of them. The little guys, the people unnecessary expenditures for the CIA over $250 billion to $300 billion in 5 out there who would be rushing to pay and for the Department of Defense. years. I am proud to say that we have their taxes on April 15 or before April Mr. Speaker, I am disturbed and now added to our program, as I said, 15 obeying the law would not like to troubled by this, and so are many more my own corporate welfare measure see the situation mushroom that I am of my fellow liberals in Congress and that would save the taxpayers maybe going to talk about tonight, and that is elsewhere. But something else that dis- $60 billion to $70 billion in the first a part of the Tax Code is being totally turbs me and troubles me is the view year of savings. Within that amount, it ignored and no effort is being made to that the entire burden of balancing the will be $60 billion to $70 billion of that enforce it. budget should be borne by children total, and over the total program it Mr. Speaker, we are calling on the whose parents happen to be drawing will save far more, twice as much as Commissioner of the Internal Revenue welfare checks. I am pleased and de- that. Service to enforce the law. We do not lighted to hear my colleague, the gen- One of the most flagrant examples of need legislation, we do not need any tleman from Ohio [Mr. KASICH], tell us corporate welfare results from a failure hearings, just enforce the law that al- again and again that, if we are going to of the Internal Revenue Service, as I ready exists. cut back on aid to dependent children, said before, to enforce a provision of It is not true, it is a bum rap that lib- we should go after corporate welfare the corporate income tax law that is erals have a one-track mind. We are ac- too. already on the books. It does not take cused of wanting only for the Govern- I congratulate Mr. KASICH, the Re- a new bill in Congress or a new law. All ment to spend more. We want to end publican chairman of the Committee it takes is for the IRS to obey the man- waste, we want to trim the budget, we on the Budget. That takes a lot of guts. date of the present law. want to streamline government, we He is willing to at least fight a brush By the way, I am not talking about want the most efficient and the most war with the corporate welfare people. something that is new in the present effective government. That is a beginning. With his powerful law or was recently added to the I am profoundly troubled by our huge voice, we hope that he will continue to present law. This is a provision that deficits and the fact that, although forge forward and begin to listen to was adopted in 1913. It was adopted in they have declined in the last few what we have to say to him as we 1913 as an integral part of the basic in- years, it looks as though they will launch our war against corporate wel- come tax law. I am saying that the tax- start growing again in the next cen- fare from the level of the Progressive payers have lost over $60 billion tury. What kind of national debt will Caucus and the Black Caucus and oth- through its failure to enforce the law. we leave to our grandchildren? We hear ers who want to finally see some jus- This is over the past 3 years. It should a lot of talk about this from the other tice take place in our revenue system. assess at least that amount against side of the aisle, but we are all con- In fact, corporate welfare costs the dozens of large corporations right now cerned. Some wild guesses from the taxpayers much, much more than per- in 1997. right are that we will leave a $6 trillion sonal welfare. If we add together the The corporate income tax law man- or maybe even a $10 trillion debt. When amount the Government spends for dates a very heavy tax penalty on cor- these people talk about leaving this various corporate subsidies and the porations that let their profits pile up debt, they do not talk about excesses of amounts of revenue that the Govern- far beyond the reasonable needs of the kind that we have experienced over ment loses through all kinds of vari- their businesses instead of paying divi- the last 2 years where $13 billion was eties of tax breaks and loopholes for dends to their stockholders or owners. added to the Department of Defense business, the total of corporate welfare The law mandates a penalty of 39.6 per- budget, $13 billion more than the Presi- takes a much larger part of the Federal cent of the amount involved. That is dent had requested. budget than income support for the the same as the top personal income I think the President had requested very small, those people who are under tax rate on those with incomes well too much. The cold war is over, but we 65 and who need it. over $100,000. are still spending at an enormously Also, we might add to that the people This is a very stiff penalty, 39.6 per- high rate for our defense. We still have who are going to suffer as a result of cent. That is how you will realize a the same size operations for the CIA. Medicare cuts and Medicaid cuts. If great amount of money if that penalty The CIA budget has not been reduced. you have the CPI, if you bring in is invoked. If it is utilized, that weapon It is a secret budget, of course, so I changes to the Consumer Price Index, of the Internal Revenue Service is ap- cannot stand here and say that I defi- which eliminates or reduces the cost- plied, if the corporations are forced to nitely know that to be a fact. The of-living increase, the COLA, for the el- obey the law, we are going to have budget is still secret, which is one derly, we are making them suffer un- those kinds of payments coming due. more indication of how backward we necessarily, and the amount of money Let me just read that again: The cor- are. The cold war is over, but the CIA that is involved there is far less than porate income tax law mandates a very budget remains secret. the amount of money that is going to heavy tax penalty on corporations that We have evidence cropping up all the waste via corporate welfare. let their profits pile up far beyond the time, evidence being revealed that Mr. Speaker, I am deeply concerned reasonable needs of their businesses in- there is a great deal of waste at the about how much corporate welfare is stead of paying dividends to their CIA. The people that are being paid to costing the taxpayer. I will be joining stockholders or owners. The law man- spy are selling the secrets of the people with the other 56 Members of the House dates a penalty of 39.6 percent of the they are spying on. And as a result, not progressive caucus tomorrow, as I said amount involved. That is the same as H878 CONGRESSIONAL RECORD — HOUSE March 11, 1997 the top personal income tax rate on Consumer Price Index. People who focus it on the White House, but if you those with incomes well over $100,000. ought to know better are turning away have an objective study and you focus Hundreds of corporations have adopt- from a discussion of where the real it in other directions, you will find it is ed the practice of letting their profits money is to a discussion of how can we also happening in the other party, also. accumulate, and then, instead of pay- squeeze more money out of the poor, It happens that there is too great an ing dividends, as they should, using the how can we change the Consumer Price amount of money that is required to accumulated millions or tens of mil- Index, how can we tamper with that in run for office. We know that. We are lions, or in some cases billions, to buy a way which will produce savings on too cowardly to do anything about it. back their own stocks on the New York the backs of the poorest people in We need a constitutional amendment Stock Exchange or the over-the- America? which definitely allows Congress to set counter market. b 2215 limits on the amount of money spent The amounts involved are in the bil- for campaigns. lions of dollars, in fact probably at Buying back their stock supports the This is a problem that we can solve, least $300 billion in the 3 years, 1994, price of the stock when a corporation but nobody has the guts to really go 1995, and 1996. Hundreds of corporations does that. Maybe it moves it higher. It after it. Anybody who talks about the have adopted the practice of letting makes the stockholders happy, those problem and does not want to go all their profits accumulate, and then, in- who do not exactly know what is hap- the way to a constitutional amend- stead of paying dividends, as they pening and would prefer to have the ment to limit the amount of expendi- should, using the accumulated millions stock. Nobody gives them the choice of tures on campaigns is a hypocrite. or tens of millions, or in some cases, whether they would like to have their They really do not want to solve the billions, to buy back their own stock. stocks at a higher level or the divi- problem. They want to play games Mr. Speaker, one huge corporation, dends. Nobody really gives them that with the American people. Too much whose name is a household word known choice, but it does make them happy to money is needed to run for office. to every American, earned over $5 bil- see the stocks rise. It also gives the ex- There are too many opportunities to lion, or $10 per share, in 1996; earned ecutives bigger profits on their stock bribe anybody running for office indi- over $5 billion, or $10 per share, in 1996, options and maybe they get bigger bo- rectly. Legal bribery is taking place all but it paid its common stockholders nuses as a result. the time. We need to deal with that. only about 14 percent of that amount It makes some of the stockholders Corporations certainly have a lot of in dividends, $700 million, or $1.30 per happy for another reason. It saves money. They are able to lobby hard. share. It has used most of its earnings, them from having to pay taxes that They are able to influence how the Tax upwards of $3.5 billion, to buy back its they would have to pay on large divi- Code is written. If they won through stock on the New York Stock Ex- dends that the company paid to them. that avenue, we have to wave a white change. Thus, many companies are using accu- flag and surrender. But they did not I hope my colleagues are listening to mulated profits to buy back the stock win that way. I am sure they tried to these numbers. I hope my colleagues in order to protect their stockholders change the law. The law has not been heard the previous discussion about from income taxes that they would pay changed. spreading the wealth, how people if the company gave them a decent div- I want to make it clear that I have should get their taxes back, more idend instead of a tiny one. not seen any corporation’s income tax money in the pockets of Americans to The law says when a corporation does return and I do not ever expect to. Not generate a more vigorous economy. this it must pay a penalty, a high 39.6 only the tax returns themselves, but Would we not generate a more vigor- percent penalty. Listen carefully. What also all discussions and negotiations ous economy in America if we had the I am saying is that it is against the between the IRS and any taxpayer, cor- stockholders pay their dividends? Huge law. It is against the law to plot to as- porate or individual, are totally pri- profits are made. Instead of taking sist the stockholders in avoiding the vate and secret. That is the way it those profits and hoarding them in the payment of income taxes. It is against should be. I do not speak from knowl- corporate structure, buying back the the law. That is what this is all about. edge of having examined anybody’s tax stock, why not spread the money out The law says when a corporation does returns anywhere. into the economy, give it to the people this it must pay a penalty, a high 39.6 But large publicly owned companies who deserve the dividends, have earned percent penalty. do publish their financial statements. the dividends, and let them invest the All it takes to inspire greater respect My staff has examined hundreds of money as they see fit. We could have a for the law is for the IRS to assess quarterly and annual earnings reports more diverse, more vigorous economy these penalties on several hundred cor- for 1994, 1995, and 1996. We have found if the corporations paid dividends in- porations, but it does not seem to be more than two dozen companies with stead of hoarding the money in these doing this, as far as I can find out. If stock buy-backs amounting to $1 bil- buy-backs. you would enforce the law on some cor- lion. Over the 3 years a dozen corpora- Why did the corporations do this? porations the word would go out, be- tions have over $2 billion of buy-backs, Well, they do not invite me to their cause over the years they have stayed and a handful over $5 billion in buy- board meetings, and they are very away from doing this; but in the last 10 backs. These are the buy-backs which careful not to say much about what to 15 years there has been a gradual in- are not legal. they are doing in their earnings reports crease of corporations hoarding their If the IRS were to assess the 39.6 per- or in their press releases or other com- money, buying back their stock, cent penalties against these dozen cor- munications to their stockholders and watching over their shoulder to see if porations, the tax penalties would the public. That includes they do not the IRS would do anything about it, amount to several hundred million dol- say much to the SEC, the Securities probably. They have the best legal lars in almost every case, and well over and Exchange Commission, about this minds, so it is not by accident they are $1 billion for a few of the individual either. The agency that regulates them doing what they are doing. corporations. does not get much information of this But it is against the law. You pay As I said before, I estimated the total kind. your income taxes on April 15. You for all corporations would be at least The reason seems fairly obvious. It is obey the law. I am sure you want ev- $60 billion in penalties, $60 billion or amazing that there is no discussion of erybody else to obey the law. Yes, the more in penalties that would be col- the press, that some of these Senators law can be changed. Often it is changed lected over a 3-year period. So even and Members of Congress are not talk- in favor of the people who have the though I have not been privy to any ing about the problem of buy-backs most clout, the most money. discussion between the IRS and any where billions of dollars are being We have a big scandal raging with a corporation, it seems very clear that hoarded and the economy is being ad- focus on the White House, and exces- the IRS is not assessing these unrea- versely affected and the tax law is not sive taxes being used to solicit con- sonable accumulations of surplus pen- being obeyed. They are not talking tributions, collect contributions. All alties against large publicly owned cor- about it. Instead, they focus on the kinds of things are happening. They porations. That is what the penalty is. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H879 It is called an unreasonable accumula- in excess of ‘‘the reasonable needs of the did not agree with it and would not follow it. tion of surpluses. You cannot do that. business.’’ (Revenue Ruling 75–305). The IRS stated, There are two requirements for this This penalty on accumulations of cor- ‘‘The position of the Service is that there is penalty to apply. One is that the earn- porate surplus (profits) in excess of the rea- no legal impediment in applying, in an ap- sonable needs of the business is not some- ings and the profits of the corporations propriate case, the accumulated earnings tax thing new—it is a fundamental part of our to a publicly held corporation.’’ are permitted to accumulate beyond tax law and has been since the income tax The IRS never gave any support to the the- the reasonable needs of the business. was first adopted in 1913. ory of an exemption for publicly-owned com- The penalty will apply if you have per- In the original 1913 income tax law, the panies. True, it did not (as far as can be de- mitted the earnings and profits of cor- penalty was applied against the stockholder- termined) to try appeal the Golconda deci- porations to accumulate beyond the owners. Then, in 1921, the law was changed so sion to the Supreme Court. But, that may be reasonable needs of the business. that the penalty applies (and has applied because it was afraid it would lose. Despite ever since) against the corporation itself. the 1974 Golconda decision, the IRS pursued The other is that the accumulation is Since its adoption in 1913, the Internal ‘‘for the purpose of avoiding the in- another publicly-owned company success- Revenue Code has been reenacted many fully; it obtained a brief opinion by the come tax with respect to its sharehold- times. The rate of penalty has been changed Court of Claims that ‘‘the accumulated earn- ers.’’ I am quoting from the Tax Code. a number of times, and various amendments ings tax can apply to publicly-held corpora- For the benefit of anybody who might have added relatively technical provisions tion’’ (Alphatype Corp. v. U.S., 10/21/76, 76–2 have just joined us and is listening, involving notice to taxpayers, burden of USTC 9730). In its opinion, the Court stated this is very technical. I realize that. It proof and the like. Otherwise, the penalty that there is not the slightest evidence that is something which is very simple in provision has remained in the tax law since the Commissioner has by ruling, regulation 1913 without interruption and with only two or official policy exempted such (publicly the law. A few simple sentences say significant changes. One changed the appli- clearly what has to be done, but I am owned) corporations from liability for the cation from the stockholders to the corpora- accumulated earning tax. going through this long explanation be- tion itself, and the other in 1984 made clear In 1954, in one of the periodic re-enact- cause of the fact that for some reason that the penalty applied to large public cor- ments of the tax code, including the penalty the law is not being enforced. porations. (See below.) The penalty provision provision, the House attempted to add a pro- I do not want to have a situation is found in Sections 531–537 of the Internal vision exempting publicly-owned companies where people are able to pretend that Revenue Code. if no group controlled more that 10% of the the simplicity is not there. It is there. The penalty tax rate is 39.6% of surplus ac- stock. This proposed amendment was I am describing something which does cumulated in excess of the reasonable needs dropped in conference. of the business; it was increased from 28% to In 1985 the world changed. The Revenue not require hearings. It does not re- 39.6% in 1993. Act of 1984, effective in 1985, amended the quire more legislation. It is right there CONSTITUTIONALITY, VALIDITY AND law by adding section 532(c). The relevant already in the law. ENFORCEABILITY OF THE PENALTY section of the Revenue Act of 1984 is as fol- Mr. Speaker, I submit for the RECORD This penalty tax provision has been before lows: a document entitled ‘‘Tax Penalty on the U.S. Supreme Court three times. The ‘‘Section 58. Amendments to the Accumu- Corporations that Accumulate Surplus first time was in 1938, when corporate tax- lated Earnings Tax. LARIFICATION THAT TAX APPLIES TO Profits in Excess of the Reasonable payers challenged the penalty and alleged a (a) C CORPORATIONS WHICH ARE NOT CLOSELY Needs of the Business, Legal Back- number of reasons why it believed it was un- HELD.—Section 532 (relating to corporations constitutional, invalid and unenforceable. ground.’’ I want it in the RECORD so subject to accumulated earnings tax) is The Supreme Court dismissed all of these anybody who wants to look at it in amended by adding thereto the following challenges summarily and without serious great detail may examine it. It will be new subsection: discussion, and it unequivocally affirmed the ‘‘APPLICATION DETERMINED WITHOUT in the CONGRESSIONAL RECORD. Mem- constitutionality and enforceability of the REGARD TO NUMBER OF SHAREHOLD- bers may read it if they want to go into penalty. (National Grocery Co., 38–2 USTC ERS.—The application of this part to a cor- deep details. 9312, 304 U.S. 282, 58 Sct. 932.) poration shall be determined without regard The material referred to is as follows: The U.S. Supreme Court considered the to the number of shareholders of such cor- TAX PENALTY ON CORPORATIONS THAT ACCU- penalty provision again in 1969 and in 1975. In poration.’’ one case the issue was the motive or purpose MULATE SURPLUS (PROFITS) IN EXCESS OF The above section, which remains in the for accumulating surplus. (U.S. v. Donruss, THE REASONABLE NEEDS OF THE BUSINESS law, effectively and permanently ended the 393 U.S. 297.) In the other, there was a dis- LEGAL BACKGROUND de facto exemption for publicly-owned com- pute about how to calculate the amount of One of the basic principles of the tax law in panies. accumulated surplus. (Ivan Allen Co., 422 U.S. the U.S. is that a corporation is a legal en- In 11 years since the law was changed, the 617.) The constitutionality and enforce- tity that is separate and distinct from its IRS appears to have failed to apply the pen- ability of the penalty provision was taken stockholder-owners. It is sometimes called a alty to publicly owned companies that are for granted in these cases. It was never men- ‘‘fictitious person.’’ buying back their own stock. Thus, the shareholder-owners are not per- tioned in either of the opinions. The change in the law in 1985 eliminated sonally liable for the debts and liabilities of APPLICABILITY OF THE PENALTY PROVISION TO any doubt as to whether publicly-owned the corporation. This distinguishes a cor- LARGE, PUBLICLY-OWNED CORPORATIONS companies were exempt from the penalty— poration from a sole proprietorship or part- There is nothing in the Internal Revenue they are not. Yet, there appears to be only nership, where the owners of the business Code or regulations that exempts publicly- one court case on the matter. In 1993, the share all of the assets, liabilities, debts and owned companies from the penalty for unrea- Tax Court resoundingly affirmed the opin- obligations of the business. Limited liability sonable accumulation of surplus (profits). ions stated here; namely, that the 1985 tax is one of the most important and most ad- However, the legal community somehow de- law change ‘‘nullified’’ the earlier Golconda vantageous characteristics of the corporate veloped the notion that the penalty was in- decision and made completely clear that form of doing business and is the principal tended to apply only to closely-held or fam- publicly owned companies are not exempt reason that the corporate form is used by ily companies. An exemption for publicly- from the penalty (Technalysis v. Commis- virtually all businesses, large and small, in owned companies evolved, even though it has sioner, 101 TC 397). the U.S. and throughout the world. no support in the statute itself. Discussions and negotiations between the Because the corporation is a separate and In a case that became a landmark, Gol- IRS and a corporate or individual taxpayer independent entity, its profits are subject to conda v. Commissioner, 507 F.2d 594, the Ninth are extremely confidential, and it is not pos- a corporate income tax. Then, when profits Circuit Court of Appeals held that the pen- sible for outsiders to know whether the IRS are distributed to the stockholder-owners as alty should not be applied against publicly- has raised the issue, unless and until a par- dividends, the stockholders pay a personal owned companies unless a small group con- ticular taxpayer takes the IRS to court. income tax on those dividends. This so-called trolled 50% or more of the stock. The Court However, the amounts of money involved ‘‘double tax’’ is vigorously and bitterly op- said, ‘‘There is, of course, no distinction in here—the penalties may measure in the bil- posed by the business and investment com- the statutory language between publicly and lions—are such that the matter would surely munities, but it is a basic part of our tax closely held corporations . . . [but] Treasury have come to public attention if the IRS law. regulations and interpretations long contin- were active in any significant way. The so-called ‘‘double tax’’ provides a pow- ued without substantial change, applying to For example, if a publicly owned company erful incentive for corporate business man- unamended or substantially re-enacted stat- is hit with a multimillion dollar tax penalty agements to let profits pile up in the cor- utes, are deemed to have received Congres- that will significantly affect its earnings, fi- poration, rather than distribute them as tax- sional approval and to have the effect of nancial position, net worth and dividend pol- able dividends. In order to prevent this, the law.’’ icy, it is required to make that information U.S. tax law imposes a severe penalty on cor- The Internal Revenue Service responded to public immediately, under rules of the Secu- porations that accumulate surplus (profits) the Golconda decision by announcing that it rities and Exchange Commission, the New H880 CONGRESSIONAL RECORD — HOUSE March 11, 1997 York Stock Exchange, and also the National Corporations that have failed the ‘‘reason- surplus. One of the very basic provi- Association of Securities Dealers (NASD) able needs of the business’’ test on the fact sions of law and tax law in our country which regulates companies with stocks trad- will be assessed a penalty of 39.6%; and the and throughout the world relates to ed over-the-counter. burden of proof is on the corporation to show the fact that a corporation is a legal The penalty should be applied against pub- that it did not have the intent to protect licly-owned companies that pay small divi- stockholders from dividends. entity that is distinct and separate dends and spend large amounts to buy back Sections 531–537 of the Internal Revenue from its owners, the stockholders. their own shares if the buy back amounts far Code must be enforced immediately. A corporation has been called a ficti- exceed the amounts needed for employee These are the actual words of the tious person. This separateness is cru- stock purchase plans, executive stock op- statutes I have read before. It is sec- cially important to the stockholders, tions, and so forth. tions 531, 532, and 533 of the Internal because it insulates them from the The tax law, in section 531–537 of the Inter- Revenue Code. As we move toward debts and obligations and liabilities of nal Revenue Code, provides that the accumu- a corporation and its business. If a cor- lated earnings tax will apply to any corpora- April 15, make a note to go and exam- tion . . . ine sections 531, 532, and 533 of the In- poration has problems, loses money, ‘‘Availed of for the purpose of avoiding the ternal Revenue Code. and eventually goes bankrupt or out of income tax with respect to its shareholders Accumulation of profits is OK for the business, the stockholders may lose ev- .. . by permitting earnings and profits to ac- reasonable needs of businesses, even in erything they invested in the stock, cumulate instead of being distributed.’’ (Sec- large amounts. Whether the accumula- but that is all they will lose. The credi- tion 532.) tion is justified is a factual question. It tors cannot come after their personal ‘‘. . . the fact that the earnings and profits assets. This is a device which has of a corporation are permitted to accumu- depends on an analysis of the particu- late beyond the reasonable needs of the busi- lar situation of each corporation. worked over a long period of time, and ness shall be determinative of the purpose to There is no formula or rule that applies it is a device which you have to pay a avoid the income tax with respect to share- to every business. price for. holders, unless the corporation . . . shall A corporation may be justified in ac- This limited liability distinguishes prove to the contrary.’’ (Section 533.) cumulating profits without paying an incorporated business from a part- Thus, for the penalty to apply, two tests them out as dividends to finance the nership or a proprietorship, sole propri- must be met: planned building of a new plant, the etorship. If those businesses go under, 1. there must be an intent or purpose to the owners may lose not only the save the shareholders from income taxes on purchase of new equipment, to replace dividends, and old items or to expand the business, to amounts they invested but also their 2. the accumulation of earnings must ex- finance other kinds of expansion, such cars, their homes, their savings, and ceed the reasonable needs of the business. as the launching of a new product or any other investment or assets. ... the entry into new markets in other This lesson was painfully learned by ‘‘Reasonable needs of the business’’ is a parts of the country or in other coun- many wealthy Americans, British, and factual test involving a number of factors: others who invested in the unincor- the amount of earnings, future plans that re- tries. They may do it for working capital porated Lloyds of London. Many of quire large capital investment, the amount these names, people who were the in- of dividends paid, etc. needed to carry the inventories and re- The argument is made here that many ceivables of a growing business. They vestors in Lloyds of London, had to file large publicly owned companies are accumu- do it to retire debt incurred in the personal bankruptcy when Lloyds in- lating profits far in excess of the reasonable course of a business or to make loans curred huge insurance losses for sev- needs of the business, evidenced by the fol- and advances to customers or suppliers eral years in a row and assessed those lowing: to enable them to continue doing busi- losses against the investors personally. consistently, they are paying out in divi- Because of this limited liability fea- ness with the corporation; to buy an- dends 20% or less of their earnings, AND ture of the corporations, however, vir- consistently, they are accumulating cash other business, to build reserves for tually all businesses are incorporated. far in excess of their needs for capital ex- product liability losses or reserves for Lloyds is one of the few huge oper- penditures, AND property losses from storm damage; to consistently, they are passing up opportu- ations in the world that operates that finance expenditures required to meet nities to borrow money on very favorable way. Even the law firms and account- terms or are even reducing outstanding debt, environmental regulations; to finance ing firms have recently figured out a AND research for the development of new way to organize professional corpora- consistently, they are using accumulated products. They may accumulate cap- tions so that the partners can avoid earnings not to pay dividends but to buy ital. Nobody is talking about the gov- unlimited personal liability. back their own shares at prices far in excess ernment interfering with the amassing of book value. (Thus, if the book value of Because of the separate identity of a of large amounts of capital for business corporation, it is required to file its their net assets, as shown on their own pub- needs. lished balanced sheets is, for example, $10 per own income tax return and to pay a common share, and if they are buying back It goes on and on. There are many corporate income tax on profits. The their stock at $20 or $30 per share, they are good, justifiable reasons of a business corporation, for all the reasons I have reducing the book value of their remaining which can justify the accumulation of just given you, is treated as an individ- shares.) profits. These have been examined and ual and is required to file its own in- It is argued there that this pattern of be- ruled upon in hundreds of cases in tax come tax return and pay a corporate havior clearly indicates that the earning court and other courts in the 80 years- income tax on its profits. used for stock buy backs were accumulated plus since the income tax and tax pen- in excess of the reasonable needs of the busi- To prevent the excessive pileup of ness. alty were adopted. earnings, Congress established the tax Corporate managements will argue that, But buying back the stock just to penalty in the original Internal Reve- ‘‘Well, we have to buy shares back because at run its price up and to protect the nue Code adopted in 1913. The code has the same time are selling shares through em- stockholders from income taxes on since been renewed and revised and ployees stock purchases plans, executive dividends, these are prohibited actions. overhauled and amended many times. stock options and dividend reinvestment You cannot do that legally. If the cor- The penalty tax rates have changed a plans available to stockholders, and we also porations want to pay the profits avail- number of times, but the basic provi- (in some cases) need shares for conversion of able to the stockholders, paying divi- sion has remained in the law every convertible preferred stock or debentures. These arguments are absolutely valid but dends is the way they should do it. If year without significant change, with many large companies are buying back twice you want them to get the benefit of the the sole exception of an amendment in or three times or five times or eight times as profits, pay them the dividends; do not 1984. That amendment only strength- many shares as they need for these purposes. protect them by holding onto the ened the law. It was an amendment to Under Section 533, quoted in above, if a money and lowering their own tax bill. make clear that the penalty provision corporation fails the ‘‘reasonable needs of That is clearly prohibited. applies to publicly owned companies. the business’’ test the burden of proof is on Mr. Speaker, let me now take a few The only big amendment recently the corporation to show that it did not meet minutes to examine the reasons for and was in 1984, when they amended the the other test, namely, intent to protect the stockholders from dividends. the history of this provision for a Tax Code to make it clear that the pro- Thus, the Internal Revenue Commissioner heavy tax penalty on the unreasonable vision applies to publicly owned com- can reasonably take the following position: accumulation of corporate profits and panies. There was a time when they March 11, 1997 CONGRESSIONAL RECORD — HOUSE H881 said it was only privately owned com- sion to make it clear that it applied to in their public statements and to avoid panies, closely held corporations. But all corporations regardless of the num- bragging to the stockholders that they now it is quite clear as of 1984. ber of stockholders. Congress looked at are protecting them from income taxes This tax penalty is somewhat un- what happened with the case in 1974 by using accumulated profits to buy usual in that the law does not say that and Congress 10 years later amended back stock rather than paying divi- excessive accumulation of corporate the law to make it clear that this pro- dends. profits is a crime. You know, a lot of vision applies to all corporations re- My staff and I, as I said before, have individuals that I know are in serious gardless of the number of stockholders. examined literally hundreds of quar- trouble with the IRS. The last time I In other words, the amendment terly and annual earnings reports of was in an IRS office I saw the place full eliminated an exemption that had pre- publicly owned corporations from 1994, of people who were obviously poor peo- viously been thought to apply to large 1995, and 1996, and we were struck by ple, and they were not being allowed to publicly owned corporations with doz- how very little these corporations had get away with anything. They were ens or hundreds or even thousands of to say about their stock buyback pro- going to have to do whatever was nec- stockholders. grams and the reasons for them. essary to pay the taxes that they owed. Mr. Speaker, I would like to explain Here is one exception, one example If they did not do that, if they told why I believe this 39.6-percent penalty we found of an exception. This is a case some lies, they would end up in jail. I should be applied against these huge where the lawyers probably fell down know of a situation now where there is corporations that are buying back on the job and let the veil slip. A very a guy who told a few lies, and they their own stock in huge amounts. large American corporation, the name have got the U.S. attorney investigat- Again, for the benefit of anybody who is a household name known to every- ing him now. He may go to jail. just joined us, I am concerned about body, but it said, I will not name the But this tax penalty is unusual. The the fact that the Congress of the Unit- corporation, but it said in its 1995 an- law does not say that excess accumula- ed States, the CBO, the Office of Man- nual report, quoting from the report, tion of corporate profits is a crime. The agement and Budget, great Senators, ‘‘some shareholders have asked us why law does say instead that corporations some of them from New York State, we are repurchasing shares rather than should not do it. If they do it they will have focused their attention recently increasing our dividend as we did in have to pay a penalty. In other words, on gaining more revenue, gaining more years past. We believe that most share- no corporation, executive board, or money to save through an adjustment holders prefer gains in stock price to anybody is going to jail for violating of the Consumer Price Index, lowering receiving dividends because those pay- this part of the Tax Code. It is very in- the cost of living increases for every- ments are taxable annually.’’ teresting. But they do assess a very body on Social Security in order to There is a clear statement by a cor- heavy penalty. help balance the budget. poration of their intent to violate the In the early days of the income tax, My question is, why do you not look law. They are not supposed to help the IRS was diligent in applying this at the Internal Revenue Code and de- shareholders escape paying more taxes. tax penalty to closely held or family mand that the Commissioner enforce The management of this large corpora- companies, as I pointed out. It some- the law that already exists and tomor- tion made a mistake. They let the veil times lost in court, but in hundreds of row, March 12, Wednesday, we are slip. They let the real truth come out cases it did collect the penalties, in going to talk about other corporate and, as I said, this is one of the rare ex- hundreds of cases. loopholes, other corporate welfare that ceptions, one of the few instances we But for some strange reason, in the ought to be closed. were able to find where they admitted early days the IRS rarely applied the Why is it that everybody in Washing- the real reason for buying back their penalty to publicly owned companies. ton who is in high places, leadership, stock. Of course, the Wall Street com- Perhaps the reason was that it was cus- the White House, why are they blind to munity and the business community tomary in those days for large compa- the existence of great abuses that are will put the opposite interpretations on nies to pay out good-sized dividends being committed by corporations? Why all of these earnings reports. They will rather than using their profits to buy are they instead focusing their micro- say, we did not have an intent or a mo- back their own shares. There is noth- scopes on programs that serve poor tive to protect the stockholders from ing in the Internal Revenue Code or people and squeezing everything they income taxes. That is not why we were regulation that gives publicly owned can, every dollar they can out of those buying back the stock. The proof is companies an exemption from this pen- programs. that none of our earnings reports will alty on accumulation of profits in ex- Mr. Speaker, I would like to explain mention such a thing. That proves that cess of reasonable needs of business. why I believe, why I believe this 39.6- the intent is not there, except for one The notion sort of grew up like percent penalty should be applied unfortunate company that slipped. Topsy, but it has no basis. Somehow, against these huge corporations that I am sorry but I have to say that that perhaps because it was thought smaller are buying back their own stock in comes under the heading of very so- companies were the worst offenders, it huge amounts. The law mandates that phisticated baloney. This is one of became customary for the IRS to leave the penalty should be assessed if two those situations where everybody large corporations alone, and so with- tests are met. First, that profits are knows what they are doing and the rea- out any support in the language of the permitted to accumulate beyond the son they are doing it but nobody will law, a de facto exemption for public reasonable needs of business and, sec- say, nobody will speak the real truth. companies evolved and eventually took ond, that this is done, quoting again The point I am making here is that the on the force of law. from the statute, for the purpose of Commissioner of Internal Revenue, if The IRS never agreed to it, they avoiding the income tax with respect she considered assessing these unrea- never agreed to it, and indeed it went to the shareholders. sonable accumulations of surplus pen- out of its way to publicly state its dis- In other words, there has to be the alties, as I am urging her to do, she agreement with the appellate court de- fact of the accumulation, also the in- might conclude that there was not suf- cision that confirmed the exemption in tent to protect the stockholders from ficient proof of intent to protect the the landmark Golconda case in 1974. income taxes. The officers and direc- stockholders from income tax. It is tors of large American corporations hard to prove intent, hard to prove b 2230 can read the statute as well as I can or what is in someone’s mind. This is There was one case that did go to the better. They are way ahead of me in something that comes up often in our Supreme Court, the Golconda case in having platoons of well-paid lawyers to legal system. 1974, where they, the Court ruled that advise them and keep them out of trou- I am very pleased to be able to say it did not apply to publicly owned large ble. I suspect, although I cannot prove that the Internal Revenue Commis- corporations. That was 1974. it, that these high-priced lawyers have sioner does not have to prove intent. However, all that is history, all that advised them that they are vulnerable The Internal Revenue Commissioner is irrelevant now because in 1984, Con- to this penalty. I suspect that the law- does not have to prove intent. Rather gress amended the basic penalty provi- yers have told them to be very careful the way the law is written, the burden H882 CONGRESSIONAL RECORD — HOUSE March 11, 1997 of proof is on the corporation to dis- Many large corporations have now tions buys back its shares, it is justi- prove intent. The corporation must dis- established a pattern that includes fied in doing so, if it issues or sells the prove that it intended to save money most or all of the following: Consist- same number of shares under these var- for its stockholders. ently year after year they pay divi- ious programs. Unfortunately for their Here is the actual language of section dends on their common shares that argument we have found that for many 533 of the Internal Revenue Code. ‘‘The amount to only 15, 20, or 25 percent of corporations the stock buy backs far fact that the earnings and profits of a their earnings. And consistently year exceed the number of shares issued. corporation are permitted to accumu- after year, their accumulated earnings In examining the published financial late beyond the reasonable needs of the together with their cash-flows outside statements of large American corpora- business shall be determinative of the the earnings statement, from deprecia- tions, we found many that bought back purpose to avoid the income tax with tion, amortization, deferred income in 1994, 1995, and 1996, they bought back respect to shareholders unless the cor- taxes, provide far more cash than they 2 or 21⁄2 times as many shares as they poration by the preponderance of the need for capital spending and other issued; we have found several that have evidence shall prove to the contrary.’’ necessary programs. And consistently bought back 5 or 6 or 7, 8 times as Reading from section 533 of the Inter- year after year they do not use excess many shares as they issued; we even nal Revenue Code: ‘‘The fact that the cash to pay down debt. Indeed in some found that one bought back over 16 earnings and profits of a corporation cases, they actually increase debt by times as much as they issued. are permitted to accumulate beyond borrowing additional money and using I think clearly we cannot expect the the reasonable needs of the business it for the stock buy backs. And consist- Commissioner of Internal Revenue to shall be determinative of the purpose ently year after year they accumulated assess the penalties on amounts of to avoid the income tax with respect to large amounts of cash and profits far stock bought and then reissued in the shareholders unless the corporation by beyond the dividends they pay and the same year on option and purchase pro- the preponderance of the evidence shall reasonable needs of the business, and grams. It is for that reason that I am prove to the contrary.’’ they use large amounts of this money asking the Commissioner to assess pen- Mr. Speaker, we have seen that there to buy back their common shares. alties on the amounts of the net buy are two tests for this penalty to apply. For dozens of corporations, probably backs rather than the total buy backs. The first test is the fact of an unrea- hundreds of corporations this pattern Finally, Mr. Speaker, I would like to sonable accumulation of earnings. The has been present in 1994, 1995, and 1996. address the question of how much second test is the intent to protect the I believe the Commissioner of Internal money is involved here, how much cor- stockholders from income taxes. But Revenue, Margaret Milner Richardson, porate tax revenues could be raised if the Internal Revenue Commissioner should assess 39.6 percent tax penalties the Internal Revenue Commissioner as- does not have to prove the second test, as mandated by sections 531 to 537 of sesses the penalties that I believe she the intent. If the first test, the fact the Internal Revenue Code, not on all should. I cannot estimate the amount test, is met, the Commissioner does not the accumulated profits but on the with any kind of real accuracy, but I have to prove intent. Rather it is up to amounts of accumulated profits used am absolutely certain that the amount the corporation to disprove intent. It for net buy backs of stock. is huge. It is enormous. might be hard for the Commissioner to I believe that the amounts involved I want the Congressional Budget Of- prove intent. That is true, but she does for all publicly owned American cor- fice to take a look at this. I would like not have to prove intent. The burden of porations are at least $200 or $300 bil- the Congressional Budget Office to give proof as to intent is on the corpora- lion or more. The 39.6-percent penalty us a reading on exactly how much tion, not the IRS. That is what the on these amounts will total at least $60 money is involved here. In fact the clear language of the statute says. billion and possibly $70 or $80 billion of Progressive Caucus budget, the com- Of course, Mr. Speaker, any corpora- additional Federal tax revenue in this bination Black Caucus and Progressive tion and any taxpayer has a right to year fiscal 1997, ending September 30, Caucus budget will include this as one object to any tax or tax penalty and to 1997. of the items in the budget. And we will, attempt to show that it has not been Mr. Speaker, I have said that I be- our alternative budget will ask for an properly assessed. Discussions and ne- lieve the penalties should be applied to assessment, a reading of the Congres- gotiations between a corporation and the amount of the net buy backs which sional Budget Office on exactly what the IRS are private and they are con- is smaller than the amount of the total amounts will be generated. fidential. And if the discussions reach buy backs. Let me discuss this point Those who read the financial press an impasse, the corporation can sue for a moment because it is a very im- and watch business programs on TV or the IRS in tax court or Federal district portant one and it involves the surf the Internet are well aware of the court and let the court determine counterargument that corporations amount of buy-back activity that is in- whether the tax is properly assessed. make and will make against the charge creasing all the time. We have asked The penalty would have to be reduced that they are accumulating profits be- the people in the Congressional Re- or even dropped. Maybe a corporation yond the reasonable needs of the busi- search Service to help us. So far we could show that it was justified by the ness. were not able to accumulate a tabula- reasonable needs of its business in buy- Many, in fact most publicly owned tion, but there are people who are look- ing back its stock. corporations have employer stock pur- ing at this for commercial purposes. But I believe the Commissioner of In- chase plans, stock options for execu- There is a buy-back letter that a Cali- ternal Revenue should find out if the tives, key employees and directors, and fornia man puts out. There is all kinds penalties are justified and the way to dividend reinvestment plans for stock- of activity going on showing that this do that is to assess the penalties, let holders. In addition, some corporations is a profitable activity. the corporations protest, and to settle have convertible preferred stocks or Let me conclude by saying that I the matter in the course of negotia- debentures which can than be con- have given a rather lengthy treatise tions the IRS normally conducts with verted at the option of the holder to here on a subject that I am not an ex- individuals and taxpayers. common shares. All of these programs pert in. I serve on the Committee on Treat the corporations the way they involve the sale or issuance of addi- Education and the Workforce. I do not treat millions of Americans who file tional common shares which may be serve on the Committee on Ways and their taxes on April 15. Enforce the shares held in the corporate treasury Means. I am puzzled and baffled by the law. Enforce the law and let them deal or newly issued shares. failure of members of the Committee with the attempt of the IRS to enforce As a result, they are selling and issu- on Ways and Means to see the obvious. the law. It certainly looks as though ing other shares under these options, I am baffled and puzzled by the failure large penalties are justified based on purchase and conversion programs. In- of the CBO, the Office of Management my examination of the public financial deed, this is the reason that they often and Budget to see the obvious. Why are statements of dozens of large American give for their buy-back program. we studying ways in which we can cut corporations and probably hundreds of Mr. Speaker, this argument is abso- programs for the poor? Why are we others, too. lutely valid. I agree that if a corpora- looking at the CPI and hoping to cut March 11, 1997 CONGRESSIONAL RECORD — HOUSE H883 the cost-of-living increases for people law apply to all Americans at every stituency, prior to the time I came to on Social Security in order to help bal- level, including corporations that are Congress. ance our budget when we have abuses treated as individuals for their own I served as a local and county official of this magnitude? Why? Why is there profit and economic sake? and was exposed to many examples of a strain on the American character f how our Nation’s communities have which allows leadership to always prey been able to find creative solutions to upon the poorest and the weakest? THE POOR AND NEEDY WITHIN the issues facing those neediest citi- That strain was evidenced in the way OUR SOCIETY zens that we represent. we handled Native Americans, the peo- The SPEAKER pro tempore. Under Back in New Jersey, a constituent of ple who owned this land when we got the Speaker’s announced policy of Jan- mine, Rev. Buster Soaries of Franklin here. They were weak and we uary 7, 1997, the gentleman from Mis- Township, is blazing a trail of progress outmanned them and our weapons were souri [Mr. HULSHOF] is recognized for 60 in Somerset County. Reverend Soaries superior and we took advantage of the minutes. has been able to mobilize thousands of weak. Mr. HULSHOF. Mr. Speaker, I hope members of his church as well as two b 2245 in the moments that I have in this late communities, New Brunswick and hour to answer part of the debate and Franklin Township, to work together We took advantage of slaves that we some of the questions that the distin- to develop a project known as Renais- transported here from Africa. For 232 guished gentleman from New York has sance 2000. years we held them in bondage. Why is asked, specifically regarding the poor That vision for the program com- there a strain that goes after the weak- and the needy within our society. bines economic and community devel- est people in a merciless way? Mr. Speaker, many of us who have opment, neighborhood revitalization, In this sophisticated day, when we run for office, in fact our own elected community and business partnering, assume that we are more moral, that President, has oft quoted the state- housing rehabilitation, and a commit- we have higher standards of morality ment that the era of big Government is ment of both youth and the adult mem- and we assume that we are the indis- over. I believe that the last Congress, bers of these two communities to take pensable Nation for the rest of the the 104th Congress, helped make that what many consider to be a blighted world and we set standards for the rest claim a reality when it began to wrest of the world and we talk about human and underutilized area and turn it into away control from the Federal bu- rights, why are the people in our lead- a thriving and successful new commu- reaucracy and began to send power and ership focusing on ways to squeeze the nity center. control back to State governments and I have worked and watched Reverend poor while there are obvious ways to city councils and county commissions Soaries take the kernel of a dream and raise the necessary revenue? Progressives, liberals, have not paid and local school boards. begin to turn it into a model, a model enough attention to the revenue side of One of the major accomplishments of that could very well be used in other the budget process. We have not paid the last Congress was the end to the parts of our Nation. enough attention to the fact that the Federal entitlement to welfare. And I Additionally, prior to my election to Internal Revenue Code is where we recognize that there are many skep- Congress, I served as the chairman of have the largest amount of giveaways. tics, many doomsayers who wail and my county, Somerset County Board of Corporate welfare is the biggest wel- lament and beat their chests and say Social Services, which in New Jersey, fare program in America. We must end that society, specifically those poor the county boards of social services are corporate welfare as we know it. We and needy in our communities, that the major organizations that oversee must end corporate welfare. they are doomed. Mr. Speaker, just as the majority of the welfare programs. We will begin our process tomorrow the era of big government is waning, In that capacity I was proud to have when the Progressive Caucus an- volunteers and faith-based charities been involved in an initiative in which nounces its war against corporate wel- and community outreach are moving in we successfully tapped our religious fare. We welcome the gentleman from to fill that void. communities to work along with coun- Ohio [Mr. KASICH], and all the other Of course, we recognize how tough it ty government to reach out to families elements in this Capitol on the Senate is. There are single parents. There are on welfare and provide that extra ele- side or the House side, wherever there two-income families that are strug- ment of assistance. are people who want justice; people gling to juggle family and jobs. There Many churches, synagogues, and who recognize that the place where are businesses that are swimming other religiously based organizations there is the greatest amount of pros- mightily against the tide of regulation back home agreed to lend a hand in perity, where people are making money and bureaucracy which often dissuades many ways, and they include an agree- in great amounts right now is in the them from getting involved in commu- ment or a desire to mentor families on corporate world. nity outreach. But I believe we must welfare in an effort to keep them to- Our corporations are not suffering. If begin to forge a new vision, and our vi- gether and to help them find gainful we need to balance the budget, the sion in this new era must be to em- employment. steps to balancing the budget should be power communities to address the In some instances there were church- taken in the effort to end corporate needs and problems within those com- es that have been asked or have welfare. Corporate welfare should be munities. stepped forward to provide scholarships our target. Those who have the most We have to reignite volunteerism for doing. Many of these religious insti- and who have had the greatest number among the young and among the young tutions, churches and some syna- of advantages are also guilty of the at heart. Yes, the Government will gogues, operate and house day care fa- greatest abuses. continue to provide a safety net, but cilities. And now many clients on wel- The corporate segment, the corporate individuals helping individuals is the fare are being matched with one of proportion of the income tax burden kind of positive action that weaves a these facilities, and these congrega- fell to the present 11 percent. The total strong social fabric. tions are granting free scholarships, income tax burden. Only 11 percent of Mr. PAPPAS. Mr. Speaker, if the quote end quote, to these, in many in- that is borne by corporations, while 44 gentleman would yield. stances, single parents, single women percent now is borne by families and Mr. HULSHOF. I would be happy to with one or more children on welfare, individuals. I have given one of the rea- yield to my friend and colleague from and allowing them to move off of wel- sons that is true: these kinds of abuses, New Jersey. fare, have gainful employment, and this kind of failure to enforce the law. Mr. PAPPAS. I thank the gentleman, have that assistance in the form of free We do not need hearings. We do not Mr. Speaker, for raising this issue and day care which is so important. need legislation. All we need to do is would like to just add my thoughts to Lastly, a coordination with some tell the Internal Revenue Service to what I think is an exciting time to be business owners from one particular enforce the law. here in the Congress and talk a little congregation has stepped forward, and April 15 is the date that we all go out bit about my service to my constitu- many of these individuals who are busi- and obey the law. Why not have the ency, or a portion of my present con- ness owners are now wanting to make H884 CONGRESSIONAL RECORD — HOUSE March 11, 1997 themselves and their businesses avail- are really overworked in many in- mention, Mr. Speaker, that is making able to teach a skill or a trade to an in- stances, and do a great deal with very a true difference is the Central Mis- dividual who is wanting to move off of little. souri Food Bank. The Central Missouri welfare and on to work. Reverend Rozelle has taken this idea Food Bank is probably considered a A fourth point I want to add is there to our State Association of Counties medium-sized organization but yet dis- is another church that sponsors three and is trying to see it replicated else- tributes about 3.5 million pounds of different sports camps during the sum- where and, maybe through this and food each year. There is a network of mer, the Zarephath Community Chap- other efforts, maybe his dream to see over 120 agencies, its service area is el; a soccer camp, a baseball camp, and this nationwide will become a reality. about 29 counties in central and north- a basketball camp. And these three All of these projects and programs east Missouri, and much of that area is camps now, I think 10 or 12 scholar- that I have just mentioned, I would say overlapped by my congressional dis- ships for each of the three camps, have to my colleague, are capitalized on re- trict, about 17,000 square miles, with a now been made available; free scholar- sources from the communities, and total population of about half a mil- ships again being given to those that that is what brought them to fruition. lion. The demographics of that particu- choose to take advantage of them. Government was a partner, not the en- lar region are largely rural and much Another program that addresses an tire ensurer that these programs would agricultural-based. Central Missouri issue so important, even in affluent become realities. Food Bank has actually a paid staff of counties, such as many of the commu- I daresay that there are probably nine full-time employees and one part- nities that I represent, but the Inter- many localities across the Nation that time with an operating budget of less faith Hospitality Network has teamed can point to initiatives that they have than a half million dollars, about together with religious institutions, taken upon themselves to begin to con- $490,000, and not one penny comes from congregations, churches, and syna- tribute to the renewal of their own the Federal Government. The director gogues who have organized among communities. I believe we in Congress of the Central Missouri Food Bank is a themselves to accept and to house and the Federal Government can learn very fiery sparkplug named Peggy Kirkpatrick. I think it is interesting to homeless families for the period of a great deal from community initia- note that she has been the director of about a week. Many other congrega- tives such as this, such as those that I the Central Missouri Food Bank for tions support by providing meals and have mentioned. about 5 years and has shared with other support services, and this action I certainly applaud some of our col- many of us in our district how she first has literally saved the taxpayers thou- leagues who this week will be focusing got involved in hunger relief. As she sands and thousands of dollars because upon community renewal, and cer- worked and walked daily to her job, sometimes costly emergency shelters tainly would like to continue to work she would walk past various dumpsters have not had to be utilized. with them and volunteers such as those that were surrounding the University I really have been impressed in the that I have mentioned from my district of Missouri campus and how she was way in which people have stepped for- back in central New Jersey, to ensure touched by witnessing and watching ward. And this is a program that is not that all communities, whatever their those homeless and hungry who were unique to my county. We can find these level of need, can be renewed and im- foraging in the dumpsters for food. She all across our Nation. proved upon. decided to try to make a difference, Another program that has really Mr. HULSHOF. Mr. Speaker, the gen- one individual, with a lot of energy and been amazing and very impressive is tleman mentioned some very creative a lot of great ideas, and became direc- another aspect of community renewal, and innovative ways that individuals tor of the Central Missouri Food Bank. an idea that was suggested by Rev. who have these creative ideas have That is something that I think each of Steve Rozelle of Saint Mark’s Epis- worked as a partner rather than as a us has encountered at least once in our copal Church in Basking Ridge, also in parent, especially the Reverend in his lives, especially here in this city, Somerset County. His idea, rather in- district whose mission is to help those where we may have panhandlers that genious, was to utilize our county gov- who are hungry. walk up to us asking for some spare ernment’s existing curbside pickup of It is, of course, noteworthy that change, or we pull into a convenience recyclables, which takes place twice a when hunger strikes, it does not ask store and we see the contingent of so- week, and to provide one or more or- for party affiliation. Hunger does not called societal misfits who appear like ange plastic bags, that are distributed care if one is a liberal or a conservative a patchwork quilt outside the conven- the end of May or early June of each or a Democrat or a Republican. In fact, ience stores. Yet if we actually take year, and 2 weeks later, at the next when the pangs of hunger are most the time to notice, we either have one pickup. While the trucks picking up sharply felt, it is often by those 13 mil- or two reactions. We may struggle the recyclables go through neighbor- lion who are not even old enough to within ourselves, do we try to provide hoods, they pick up these orange bags, vote. But the good news, I suppose, is some help in our small way, do we dig and contained in the bags are canned that hunger is a curable disease. into our pockets for loose change or do goods that people are donating. These Hunger relief is in transition, but I we shrug deeper into our coats and canned goods are then distributed to think as the Federal Government, Mr. think that, well, the Federal Govern- one or two of the food banks that serv- Speaker, steps out of the equation, ment is there to help and the Federal ice the residents of our county. It has then the solution does shift to the Government will help those individ- been a huge success and the response faith-based and community-based char- uals. But that misses the point, Mr. and the support by the community has ities to reach out to those in need. And Speaker. been overwhelming. I think this transition actually These men and women live as indi- Many times the food banks find that strengthens the resolve of those cre- viduals within our communities. And at that time of year things are pretty ative people, those ministers, lay min- as members of our communities, I be- sparse. Christmastime and Thanks- isters, and others within the commu- lieve then we have that individual re- giving there is a lot of activity and nities, to reach out to those in need. sponsibility to reach out to those in people are focused on that, but not in b need. The Central Missouri Food Bank summer. 2300 recently had its report card, an annual This has, obviously, benefited those I have begun as my friend from New awards banquet. Here are some of the food banks that run short on funds and Jersey has to examine those scattered things that the Central Missouri Food run short on donations. The coopera- throughout the Ninth Congressional Bank has been able to accomplish. tion that the County Board of District of Missouri and have begun to There were enough supplies to supply Freeholders has shown, our public actually witness the commitment that soup kitchens and shelters and pan- works department, nonprofit agencies, those individuals have to reaching out tries, day care centers, and senior pro- many volunteers, young people as well as individuals within their own com- grams to provide 200,000 meals to over as senior citizens, focusing on a com- munities, to reach out to those in need. 60,000 people. The estimated wholesale mon goal, has been very gratifying and One of those hunger relief agencies of value of the food was about $5.6 mil- encouraging to these food banks who particular note that I would like to lion. The Central Missouri Food Bank March 11, 1997 CONGRESSIONAL RECORD — HOUSE H885 initiated two Warehouse on Wheels propriate allocation of public resources. It is community renewal initiative that the which actually transported food to the the responsibility of the Federal and State gentleman has spoken about and we far reaches of its area to help distrib- governments to cure hunger. are speaking about this evening that ute those foodstuffs in a more timely This is an agency whose mission it is we would follow suit. and efficient fashion. In fact, they even to help the hungry across the country. Mr. HULSHOF. There are so many acquired a semitrailer to help accom- I suppose, Mr. Speaker, that even as we ideas, innovative ideas that are sprout- plish that goal. They started the green try to do the best we can, occasionally ing up like seeds all across this coun- team, which is a pilot gardening we lose sight of our mission, and some- try. I think it is incumbent upon us as project along with our local Boone times our vision gets blurred. a body, a legislative body, Mr. Speaker, County sheriff’s department that uti- I think the gentleman mentioned to- and again certainly the Government lizes prisoners who raise fresh produce morrow, there are some new vision- has a role, but I think that role should for the hungry; recruited seven new aries, and I think in a true bipartisan be a limited role and that government food pantries in high need areas; spirit Representatives JIM TALENT should get out of the way, as the gen- worked with the media and others to from the Second District of Missouri, tleman mentioned, and allow some of stimulate and reach out to the commu- whose district adjoins mine, as well as these projects to take place and to nity. In fact, one of the innovative J. C. WATTS from Oklahoma and also allow them to grow. ways that they reached out to local Mr. FLOYD FLAKE, a good Congressman A couple of weeks ago, Mr. Speaker, businesses was the Score Against Hun- from New York, a Democrat, are going I recall that Ralph Reed of the Chris- ger Campaign. It is interesting that the to launch the American Community tian Coalition announced his group’s Central Missouri Food Bank, unlike Renewal Act. new Samaritan Project which was many other food banks, in fact, the Has the gentleman heard much about dubbed as a very bold and compas- Central Missouri Food Bank is one of their efforts in that regard? sionate plan to combat poverty and to only two second harvest food banks in Mr. PAPPAS. If the gentleman will restore hope, and that project, the Sa- the entire Nation that does not partici- yield, I certainly have been hearing maritan Project, actually took aim at pate in the shared maintenance pro- amongst our colleagues and have heard the economic and moral deficits that gram. What that means is that the and am very much encouraged that pervade a lot of the black and Hispanic foodstuffs they collect, they do not there is such an effort that is ongoing inner city neighborhoods. As the gen- charge food pantries and shelters for. and that is bipartisan. I have always tleman from New Jersey mentioned, They give it away for free. Their deci- been a strong believer that there the impetus from those programs sion to do that was at a crisis time. It should not be a Republican or Demo- would also come from the church which was back in 1993, and in the Midwest I crat approach to renewing our commu- is one of the few institutions in some of am sure my friend from New Jersey nities, be they urban areas or rural these communities that is willing and watched accounts of how the flood of areas that have economic difficulties able to undertake such a task. I recall 1993 really had a devastating impact or even some suburban areas where watching the press conference of that upon a lot of us. Against that back- there has been changes in the economic unveiling, Mr. Speaker, and along with drop, the Central Missouri Food Bank structure and many large corporations Ralph Reed of the Christian Coalition, took the bold step and decided at that downsizing, there are different needs in also standing next to him was the Rev. time they would no longer charge for various communities. I am very en- Earl Jackson. Rev. Earl Jackson was a the food they collected as they distrib- couraged. Harvard Law graduate who also at- uted it. As a result, they had an enor- One of the things I would hope that tended Harvard Divinity School. The mous outpouring, the business commu- as we move forward in reviewing the Rev. Earl Jackson had this to say as he nity was more than ready and willing package that they are presenting to teamed up with Ralph Reed: to give additional moneys, and the ‘‘I’m a black pastor who has worked the House for consideration, that they Score Against Hunger Campaign was in the black community for 20 years would do something that we have done one innovative way in which the before heading up this project, and the in our county back home, is that when Central Missouri Food Bank teamed up ministers supporting this program are we have asked some of these religious with our local university at the Uni- leaders in their communities in their institutions to step forward, be it to versity of Missouri in Columbia, now own right.’’ The quote again from Rev. has actually extended the program to provide those scholarships for day care Earl Jackson. other colleges in the Ninth Congres- or for the sports camps that I have I believe, Mr. Speaker, that these sional District, in conjunction with the mentioned, that our county board ministers and activists are, of course, football season. And if the home team made a decision that we were not going intelligent, I believe they are rational scores a certain number of points, then to ask these religious institutions, individuals, I believe they are quite there is a corresponding amount of do- these congregations, to step forward knowledgeable, and they care deeply nations that comes in that have been and to fill what we believe to be a very about the troubles afflicting their com- pledged by individuals. Even when the critical need for these families and munities. This is an example of the USDA cut the commodities that were these individuals that are on welfare new type of visionary that I believe going to these food pantries, they con- and wanting to move off of it, but that will be filling the void as big Govern- tinued to innovate and utilize these ef- many of their programs are steeped in ment moves out. forts to reach out to those thousands their own religious traditions, and that I look forward, Mr. Speaker, tomor- and thousands of hungry people that we were not going to ask them to stop row as our colleagues, both Repub- they serve. that; that we were going to make it licans and Democrats, introduce the But many of the challenges and prob- clear to the welfare recipient that if community renewal project which ably one of the most frustrating things they would want to consider their child builds upon efforts in the last Con- in visiting with the Central Missouri or themselves being involved in this gress. Food Bank, those who continue to see particular program that was purely In summary, Mr. Speaker, I think it their mission to feed the hungry with- voluntary on both parts, both the con- would be a terrible thing if the efforts out Federal Government involvement, gregation as well as the welfare recipi- of these visionaries across this coun- some of the obstacles even come from ent, that they may be invited to par- try, as they rethink our approach to within. In fact, a couple of weeks ago a ticipate or that they may be exposed to government and poverty and inner city hunger relief agency issued a national a prayer or some religious instruction, and rural problems were simply dis- press release as this hunger relief agen- and that again it was voluntary, that missed as some new gloss on an old cy was coming to Washington, DC, to the congregation was stepping forward agenda, because, Mr. Speaker, I happen try to create and promote a legislative to sponsor this and that we were not to believe fervently that the era of big agenda. In the context, the very text of going to ask them to stop doing what Government is over, but that the era of the press release, this was what this they have been doing. big citizenship is dawning. hunger relief agency said: The response has been very, very LEAVE OF ABSENCE The charitable response to hunger is no positive. Again people realize it is vol- By unanimous consent, leave of ab- substitute for good social policy and the ap- untary, and I certainly hope that in the sence was granted to: H886 CONGRESSIONAL RECORD — HOUSE March 11, 1997

Mr. COBLE (at the request of Mr. Mr. QUINN. of Information Act for the calendar year ARMEY) for today on account of Judici- Mrs. KELLY. 1996, pursuant to 5 U.S.C. 552(d); to the Com- ary Committee business. Mr. PACKARD. mittee on Government Reform and Over- sight. Ms. MILLENDER-MCDONALD (at the re- Mr. WELDON of Pennsylvania. 2193. A letter from the Office of Personnel quest of Mr. GEPHARDT) for today on Mr. HORN. Management, Director, transmitting the Of- account of official business. Mr. ENSIGN. fice’s final rule—Reduction in Force and f Mr. CAMPBELL. Mandatory Exceptions (RIN: 3206–AH64) re- Mr. GILMAN. ceived March 10, 1997, pursuant to 5 U.S.C. SPECIAL ORDERS GRANTED Mr. SOLOMON. 801(a)(1)(A); to the Committee on Govern- ment Reform and Oversight. By unanimous consent, permission to f address the House, following the legis- 2194. A letter from the Secretary of Veter- ADJOURNMENT ans Affairs, transmitting a report of activi- lative program and any special orders ties under the Freedom of Information Act heretofore entered, was granted to: Mr. HULSHOF. Mr. Speaker, I move for the calendar year 1996, pursuant to 5 (The following Members (at the re- that the House do now adjourn. U.S.C. 552(d); to the Committee on Govern- quest of Ms. STABENOW) to revise and The motion was agreed to; accord- ment Reform and Oversight. extend their remarks and include ex- ingly (at 11 o’clock and 15 minutes 2195. A letter from the Thrift Depositor traneous material): Protection Oversight Board, Acting Execu- p.m.), the House adjourned until to- tive Director, transmitting a report of ac- Mr. BLUMENAUER, for 5 minutes, morrow, Wednesday, March 12, 1997, at tivities under the Freedom of Information today. 11 a.m. Act for the calendar year 1996, pursuant to 5 Mr. KIND, for 5 minutes, today. f U.S.C. 552(d); to the Committee on Govern- Ms. JACKSON LEE of Texas, for 5 min- ment Reform and Oversight. utes, today. EXECUTIVE COMMUNICATIONS, 2196. A letter from the Department of the (The following Members (at the re- ETC. Interior, Acting Director, Fish and Wildlife Service, transmitting the Department’s final quest of Mr. PEASE) to revise and ex- Under clause 2 of rule XXIV, executive rule—Endangered and Threatened Wildlife tend their remarks and include extra- communications were taken from the Speak- and Plants; Determination of Endangered neous material): ers table and referred as follows: Status for the Cactus Ferruginous Pygmy- Mr. CHRISTENSEN, for 5 minutes, on 2186. A letter from the Department of De- Owl in Arizona (Fish and Wildlife Service) March 12. fense, Under Secretary of Defense (Comptrol- (RIN: 1018–AC85) received March 10, 1997, pur- Mr. SOUDER, for 5 minutes each day, ler), transmitting a report of a violation of suant to 5 U.S.C. 801(a)(1)(A); to the Commit- today and on March 12. the Anti-Deficiency Act—Army violation, tee on Resources. 2197. A letter from the National Oceanic Mr. GOSS, for 5 minutes, on March 13. case number 94–01, which occurred when the Huntsville Division, U.S. Army Corps of En- and Atmospheric Administration, Acting As- Mr. MICA, for 5 minutes, today. gineers [USACE], accepted and processed a sistant Administrator for Fisheries, trans- Mr. DIAZ-BALART, for 5 minutes, on reimbursable order from the Air Force citing mitting the Administration’s final rule— March 12. fiscal year 1992 operation and maintenance, American Lobster Fishery; Technical Mr. MANZULLO, for 5 minutes each Defense-wide funds to acquire furnishings Amendment [Docket No. 970219034–7034–01; day, on March 12 and 13. and equipment for future requirements at I.D. 021097D] (RIN: 0648–xx81) received March Mr. SMITH of Michigan, for 5 minutes the Nellis Medical Facility, pursuant to 31 10, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to each day, on March 12 and 13. U.S.C. 1517(b); to the Committee on Appro- the Committee on Resources. 2198. A letter from the Department of Mr. KINGSTON, for 5 minutes, today. priations. 2187. A letter from the Department of Transportation, General Counsel, transmit- Mr. ROHRABACHER, for 5 minutes, ting the Department’s final rule—Removal of today Labor, Assistant Secretary for Employment Standards, transmitting the Department’s Class E Airspace; Fall River, MA (Federal f final rule—Migrant and Seasonal Agricul- Aviation Administration) [Airspace Docket No. 96–ANE–45] (RIN: 2120–AA66) received EXTENSION OF REMARKS tural Worker Protection Act (Employment Standards Administration) (RIN: 1215–AA93) March 10, 1997, pursuant to 5 U.S.C. By unanimous consent, permission to received March 11, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- revise and extend remarks was granted 801(a)(1)(A); to the Committee on Education tation and Infrastructure. 2199. A letter from the Department of and the Workforce. to: Transportation, General Counsel, transmit- 2188. A letter from the Pension Benefit (The following Members (at the re- ting the Department’s final rule—Removal of Guaranty Corporation, Deputy Executive Di- quest of Ms. STABENOW) to revise and Class D and E Airspace; South Weymouth, rector and Chief Operating Officer, transmit- extend their remarks and include ex- MA (Federal Aviation Administration) [Air- ting the Corporation’s final rule—Allocation space Docket No. 96–ANE–44] (RIN: 2120– traneous material): of Assets in Single-Employer Plans; Interest Mr. HALL of Texas. AA66) received March 10, 1997, pursuant to 5 Assumptions for Valuing Benefits [29 CFR U.S.C. 801(a)(1)(A); to the Committee on Ms. CARSON. Part 4044] received March 11, 1997, pursuant Transportation and Infrastructure. Mr. BENTSEN. to 5 U.S.C. 801(a)(1)(A); to the Committee on 2200. A letter from the Department of Mr. NEAL of Massachusetts. Education and the Workforce. Transportation, General Counsel, transmit- Mr. HOYER. 2189. A letter from the Federal Commu- ting the Department’s final rule—Amend- Ms. RIVERS. nications Commission, Managing Director, ment to Class E Airspace; Springfield/Chico- transmitting the Commission’s final rule— Mr. KANJORSKI. pee, MA (Federal Aviation Administration) Amendment of Section 73.202(b) Table of Al- Mr. VISCLOSKY. [Airspace Docket No. 96–ANE–46] (RIN: 2120– lotments, FM Broadcast Stations (Galena AA66) received March 10, 1997, pursuant to 5 Mr. FROST. and Baxter Springs, Kansas) [MM Docket No. U.S.C. 801(a)(1)(A); to the Committee on Ms. ESHOO. 96–177] received March 10, 1997, pursuant to 5 Transportation and Infrastructure. Ms. KAPTUR. U.S.C. 801(a)(1)(A); to the Committee on 2201. A letter from the Department of Mr. TRAFICANT. Commerce. Transportation, General Counsel, transmit- Mr. UNDERWOOD. 2190. A letter from the National Endow- ting the Department’s final rule—Amend- Mr. POMEROY. ment for the Humanities, Chairman, trans- ment to Class E Airspace; Nashua, NH, New- mitting a report of activities under the Free- Mr. DELLUMS. port, RI, Mansfield, MA, Providence, RI, and dom of Information Act for the calendar year Taunton, MA (Federal Aviation Administra- Mr. ANDREWS. 1996, pursuant to 5 U.S.C. 552(d); to the Com- tion) [Airspace Docket No. 97–ANE–11] (RIN: Ms. DELAURO. mittee on Government Reform and Over- 2120–AA66) received March 10, 1997, pursuant Mr. KILDEE. sight. to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. BARRETT of Wisconsin. 2191. A letter from the National Endow- Transportation and Infrastructure. Mr. CLEMENT. ment of the Arts, Chairman, transmitting a 2203. A letter from the Department of Mrs. MINK of Hawaii. report of activities under the Freedom of In- Transportation, General Counsel Transmit- Ms. CHRISTIAN-GREEN. formation Act for the calendar year 1996, ting the Department’s final rule—Amend- (The following Members (at the re- pursuant to 5 U.S.C. 552(d); to the Committee ment to Class D and E2 Airspace; Orlando, on Government Reform and Oversight. FL (Federal Aviation Administration) [Air- quest of Mr. PEASE) to revise and ex- 2192. A letter from the National Railroad space Docket No. 96–ASO–40] (RIN: 2120– tend their remarks and include extra- Passenger Corporation [AMTRAK], Vice AA66) received March 10, 1997, pursuant to 5 neous material): President for Government Affairs, transmit- U.S.C. 801(a)(1)(A); to the Committee on Mr. YOUNG of Alaska. ting a report of activities under the Freedom Transportation and Infrastructure. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H887

2204. A letter from the Department of popularly known as the Paperwork Reduc- WAMP, Mr. WATTS of Oklahoma, Mr. Transportation, General Counsel, transmit- tion Act, to minimize the burden of Federal WELDON of Florida, and Mr. WICKER): ting the Department’s final rule—Amend- paperwork demands upon small businesses, H.R. 1003. A bill to clarify Federal law with ment to Class E Airspace; Fort Stewart, GA educational and nonprofit institutions, Fed- respect to restricting the use of Federal (Federal Aviation Administration) [Airspace eral contractors, State and local govern- funds in support of assisted suicide; to the Docket No. 96–ASO–41] (RIN: 2120–AA66) re- ments, and other persons through the spon- Committee on Commerce, and in addition, ceived March 10, 1997, pursuant to 5 U.S.C. sorship and use of alternative information for a period ending not later than 30 calendar 801(a)(1)(A); to the Committee on Transpor- technologies (Rept. 105–15). Referred to the days after the Committee on Commerce re- tation and Infrastructure. House Calendar. ports to the House, to the Committees on 2205. A letter from the Department of Mr. YOUNG of Alaska: Committee on Re- Ways and Means, the Judiciary, Education Transportation, General Counsel, transmit- sources. House Joint Resolution 32. Resolu- and the Workforce, Government Reform and ting the Department’s final rule—Amend- tion to consent to certain amendments en- Oversight, Resources, and International Re- ment to Class D, E2 and E4 Airspace; Gaines- acted by the Legislature of the State of Ha- lations, in each case for consideration of ville, FL (Federal Aviation Administration) waii to the Hawaiian Homes Commission such provisions as fall within the jurisdic- [Airspace Docket No. 96–ASO–39] (RIN: 2120– Act, 1920 (Rept. 105–16). Referred to the Com- tion of the committee concerned. AA66) received March 10, 1997, pursuant to 5 mittee of the Whole House on the State of By Mr. BOEHNER: U.S.C. 801(a)(1)(A); to the Committee on the Union. H.R. 1004. A bill to amend the Federal Transportation and Infrastructure. Mr. YOUNG of Alaska: Committee on Re- Property and Administrative Services Act of 2206. A letter from the Department of sources. H.R. 709. A bill to reauthorize and 1949 to authorize the transfer of surplus real Transportation, General Counsel, transmit- amend the National Geologic Mapping Act of property and surplus personal property to ting the Department’s final rule—Amend- 1992, and for other purposes; with an amend- nonprofit organizations for housing use, and ment to Class E Airspace, Fremont, NE (Fed- ment (Rept. 105–17). Referred to the Commit- to authorize the transfer of surplus personal eral Aviation Administration) [Airspace tee on the Whole House on the State of the property for donation to nonprofit providers Docket No. 97–ACE–2] (RIN: 2120–AA66) re- Union. of necessaries to impoverished families and ceived March 10, 1997, pursuant to 5 U.S.C. Mr. SOLOMON: Committee on Rules. individuals; to the Committee on Govern- 801(a)(1)(A); to the Committee on Transpor- House Resolution 90. Resolution providing ment Reform and Oversight. tation and Infrastructure. for consideration of the resolution (H. Res. By Mr. KING of New York (for himself, 2207. A letter from the Department of 89) requesting the President to submit a Mr. PETRI, Mr. CHRISTENSEN, Mr. Transportation, General Counsel Transmit- budget for fiscal year 1998 that would bal- ROHRABACHER, Mr. HILLEARY, Mr. LI- ting the Department’s final rule—Standard ance the Federal budget by fiscal year 2002 PINSKI, Mrs. KELLY, Mr. ROYCE, Mr. Instrument Approach Procedures; Mis- without relying on budgetary contingencies STUMP, Mr. TAYLOR of North Caro- cellaneous Amendments (Federal Aviation (Rept. 105–18). Referred to the House Cal- lina, Mr. NEY, Mr. BONO, Mr. Administration [Docket No. 28821; Amdt. No. endar. BARRETT of Nebraska, Mr. LAHOOD, Mr. MANZULLO, Mr. WELDON of Flor- 1786] (RIN: 2120–AA65) received March 10, f 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the ida, and Mrs. ROUKEMA): H.R. 1005. A bill to amend title 4, United Committee on Transportation and Infra- PUBLIC BILLS AND RESOLUTIONS States Code, to declare English as the offi- structure. cial language of the Government of the Unit- 2208. A letter from the Internal Revenue Under clause 5 of rule X and clause 4 ed States, and for other purposes; to the Service, Chief, Regulations Unit, transmit- of rule XXII, public bills and resolu- Committee on Education and the Workforce, ting the Service’s final rule—Examination of tions were introduced and severally re- and in addition to the Committee on the Ju- Returns and Claims for Refund, Credit, or ferred as follows: diciary, for a period to be subsequently de- Abatement; Determination of Correct Tax By Mr. HALL of Texas (for himself, Mr. termined by the Speaker, in each case for Liability [Rev. Proc. 97–21] received March BAKER, Mr. BARCIA of Michigan, Mr. consideration of such provisions as fall with- 10, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to BARR of Georgia, Mr. BARTLETT of in the jurisdiction of the committee con- the Committee on Ways and Means. Maryland, Mr. BARTON of Texas, Mr. cerned. f BILIRAKIS, Mr. BLILEY, Mr. BOEHNER, By Mr. FOX of Pennsylvania (for him- Mr. BONILLA, Mr. BRYANT, Mr. self and Mr. MCHALE): REPORTS OF COMMITTEES ON BUNNING of Kentucky, Mr. BURR of H.R. 1006. A bill to amend title 5, United PUBLIC BILLS AND RESOLUTIONS North Carolina, Mr. BURTON of Indi- States Code, to provide veterans’ preference Under clause 2 of rule XIII, reports of ana, Mr. CANADY of Florida, Mr. status to certain individuals who served on committees were delivered to the Clerk CHABOT, Mrs. CHENOWETH, Mr. active duty in the Armed Forces in connec- CHRISTENSEN, Mr. CLEMENT, Mr. for printing and reference to the proper tion with Operation Desert Shield or Oper- COBLE, Mr. COBURN, Mr. COLLINS, Mr. ation Desert Storm, and for other purposes; calendar, as follows: CONDIT, Mrs. CUBIN, Mr. CUNNINGHAM, to the Committee on Government Reform Mr. BLILEY: Committee on Commerce. Mr. DEAL of Georgia, Mr. DELAY, Mr. and Oversight. H.R. 649. A bill to amend sections of the De- DICKEY, Mr. DOOLITTLE, Mr. DOYLE, By Mr. FOX of Pennsylvania (for him- partment of Energy Organization Act that Ms. DUNN of Washington, Mr. ENG- self, Mr. NORWOOD, Mr. MCHALE, Mr. are obsolete or inconsistent with other stat- LISH of Pennsylvania, Mr. FORBES, SAXTON, Mr. HOLDEN, Mr. WATTS of utes and to repeal a related section of the Mr. GANSKE Mr. GOODLATTE, Mr. Oklahoma, Mrs. KELLY, Mr. Federal Energy Administration Act of 1974 GRAHAM, Mr. GREEN, Mr. GUTKNECHT, HAYWORTH, Mr. MCHUGH, Mr. TIAHRT, (Rept. 105–11). Referred to the Committee of Mr. HASTERT, Mr. HASTINGS of Wash- Mr. BEREUTER, Mr. FATTAH, Mr. ENG- the Whole House on the State of the Union. ington, Mr. HAYWORTH, Mr. HERGER, LISH of Pennsylvania, Mr. WHITFIELD, Mr. BLILEY: Committee on Commerce. Mr. HILLEARY, Mr. HOEKSTRA, Mr. Mr. DAVIS of Virginia, Mr. COBURN, H.R. 651. A bill to extend the deadline under HOLDEN, Mr. HOSTETTLER, Mr. HUN- Mr. PETERSON of Pennsylvania, Mr. the Federal Power Act for the construction TER, Mr. HYDE, Mr. ISTOOK, Mr. SAM FALEOMAVAEGA, Mr. CALVERT, Mr. of a hydroelectric project located in the JOHNSON, Mr. JONES, Mr. KASICH, PICKETT, Mr. FILNER, and Mr. DEAL of State of Washington, and for other purposes Mrs. KELLY, Mr. KING of New York, Georgia): (Rept. 105–12). Referred to the Committee of Mr. KLINK, Mr. KNOLLENBERG, Mr. H.R. 1007. A bill to amend title 38, United the Whole House on the State of the Union. LARGENT, Mr. LATHAM, Mr. LEWIS of States Code, to authorize the Secretary of Mr. BLILEY: Committee on Commerce. Kentucky, Mr. LINDER, Mr. LIVING- Veterans Affairs to offer a loan guaranteed H.R. 652. A bill to extend the deadline under STON, Mr. MCHUGH, Mr. MANTON, Mr. by an adjustable rate mortgage under chap- the Federal Power Act for the construction MANZULLO, Mr. MASCARA, Mr. MICA, ter 37 of such title; to the Committee on Vet- of a hydroelectric project located in the Mr. NEY, Mr. NORWOOD, Mr. NUSSLE, erans’ Affairs. State of Washington, and for other purposes Mr. OBERSTAR, Mr. OXLEY, Mr. PACK- By Mr. FOX of Pennsylvania (for him- (Rept. 105–13). Referred to the Committee of ARD, Mr. PAPPAS, Mr. PARKER, Mr. self, Mr. STUMP, Mr. EVANS, Mr. the Whole House on the State of the Union. PAUL, Mr. PAXON, Mr. PETRI, Mr. QUINN, and Mr. FILNER): Mr. GOODLING: Committee on Education POSHARD, Mr. QUINN, Mr. RAHALL, H.R. 1008. A bill to amend title 38, United and the Workforce. H.R. 914. A bill to make Mr. DAN SCHAEFER of Colorado, Mr. States Code, to authorize the provision of certain technical corrections in the Higher SCHIFF, Mr. SENSENBRENNER, Mr. funds in order to provide financial assistance Education Act of 1965 relating to graduation SHAYS, Mr. SHIMKUS, Mr. SKAGGS, Mr. by grant or contract to legal assistance enti- data disclosures (Rept. 105–14). Referred to SKEEN, Mr. SKELTON, Mr. SMITH of ties for representation of financially needy the Committee of the Whole House on the New Jersey, Mrs. LINDA SMITH of veterans in connection with proceedings be- State of the Union. Washington, Mr. SNOWBARGER, Mr. fore the U.S. Court of Veterans Appeals; to Mrs. MYRICK: Committee on Rules. House SOLOMON, Mr. SOUDER, Mr. STEARNS, the Committee on Veterans’ Affairs. Resolution 88. Resolution providing for the Mr. STENHOLM, Mr. STUMP, Mr. TAL- By Mrs. CHENOWETH (for herself, Mr. consideration of the bill (H.R. 852) to amend ENT, Mr. TAUZIN, Mr. TAYLOR of GOODE, Mr. YOUNG of Alaska, Mr. chapter 35 of title 44, United States Code, North Carolina, Mr. TIAHRT, Mr. SKEEN, Mr. PAUL, Mr. COBURN, Mr. H888 CONGRESSIONAL RECORD — HOUSE March 11, 1997

HOSTETTLER, Mr. GIBBONS, Mr. ment of income tax, and to contribute other BLAGOJEVICH, Mr. BONIOR, Mr. BOR- HERGER, Mr. LEWIS of Kentucky, Mr. amounts, for use by the U.S. Olympic Com- SKI, Mr. BOUCHER, Ms. BROWN of Flor- DOOLITTLE, and Mrs. CUBIN): mittee; to the Committee on Ways and ida, Mr. BUNNING of Kentucky, Mrs. H.R. 1009. A bill to repeal section 658 of Means. CARSON, Mr. CASTLE, Mr. CLAY, Mr. Public Law 104–208, commonly referred to as By Mr. KENNEDY of Massachusetts COBLE, Mr. COBURN, Mr. CONDIT, Mr. the Lautenberg amendment; to the Commit- (for himself, Mr. MORAN of Virginia, CONYERS, Mr. COYNE, Mr. tee on the Judiciary. Mr. FILNER, Mr. DELLUMS, Mr. GEJD- CUNNINGHAM, Mr. DAVIS of Virginia, By Mr. CONDIT (for himself, Mr. ENSON, and Ms. JACKSON-LEE): Mr. DEFAZIO, Mr. DELAHUNT, Ms. PORTMAN, Mr. SMITH of Michigan, Mr. H.R. 1017. A bill to amend the Communica- DELAURO, Mr. DELLUMS, Mr. HERGER, and Mr. WATTS of Okla- tions Act of 1934 to require the Federal Com- DEUTSCH, Mr. DIAZ-BALART, Ms. DUNN homa): munications Commission to establish a toll- of Washington, Mr. EHLERS, Mr. ENG- H.R. 1010. A bill to improve congressional free telephone number and a computer net- LISH of Pennsylvania, Mr. ENSIGN, deliberation on proposed Federal private sec- work site for the collection of complaints Ms. ESHOO, Mr. EVANS, Mr. tor mandates, and for other purposes; to the concerning violence and other patently of- FALEOMAVAEGA, Mr. FARR of Califor- Committee on Rules. fensive material on broadcast and cable tele- nia, Mr. FATTAH, Mr. FAZIO of Cali- By Ms. DANNER: vision, and for other purposes; to the Com- fornia, Mr. FILNER, Mr. FLAKE, Mr. H.R. 1011. A bill to direct the Secretary of mittee on Commerce. FOGLIETTA, Mr. FOLEY, Mr. FORBES, Transportation to carry out a comprehensive By Mr. LAFALCE (for himself, Mr. Mr. FOX of Pennsylvania, Mr. FRANK ´ program to assist States in adopting a na- GREENWOOD, Ms. VELAZQUEZ, Mr. of Massachusetts, Mr. FROST, Ms. tionwide emergency telephone number for OLVER, Ms. RIVERS, Mr. FRANK of FURSE, Mr. GALLEGLY, Mr. GEJDEN- cellular telephone users, and for other pur- Massachusetts, Mr. MORAN of Vir- SON, Mr. GEKAS, Mr. GILCHREST, Mr. poses; to the Committee on Commerce. ginia, Mr. ACKERMAN, Mr. SANDERS, GINGRICH, Mr. GONZALEZ, Mr. GREEN, By Mr. DICKEY: Mr. GUTIERREZ, Mr. FROST, Mrs. Mr. GUTIERREZ, Mr. HALL of Ohio, H.R. 1012. A bill to make emergency sup- MALONEY of New York, Ms. LOFGREN, Mr. HASTERT, Mr. HASTINGS of Flor- plemental appropriations, for relief from the Mr. HINCHEY, Mr. EVANS, Mr. PASTOR, ida, Mr. HAYWORTH, Mr. HEFNER, Mr. tornadoes that occurred in the State of Ar- Ms. SLAUGHTER, Mr. SKEEN, Ms. HINCHEY, Mr. HOLDEN, Mr. HORN, Ms. kansas, for the fiscal year ending September ESHOO, Mr. DEFAZIO, Mr. FOGLIETTA, JACKSON-LEE, Mr. JENKINS, Mrs. 30, 1997; to the Committee on Appropriations. Mr. GEJDENSON, and Mrs. JOHNSON of JOHNSON of Connecticut, Ms. EDDIE By Ms. ESHOO (for herself, Mr. Connecticut): BERNICE JOHNSON of Texas, Mr. KAN- GILLMOR, Mr. KLUG, Mr. PRICE of H.R. 1018. A bill to amend title XVIII of the JORSKI, Mrs. KELLY, Mrs. KENNELLY North Carolina, Mr. DICKS, Mr. HORN, Social Security Act to provide for coverage of Connecticut, Mr. KILDEE, Mr. KING Mr. EHLERS, Mr. BEREUTER, Mr. ENG- under part B of the Medicare Program of cer- of New York, Mr. KNOLLENBERG, Mr. LISH of Pennsylvania, Mr. MCCRERY, tain beta interferons and other biologicals KOLBE, Mr. LAFALCE, Mr. LAHOOD, Mr. KLINK, Mr. PETERSON of Min- and drugs approved by the Food and Drug Mr. LANTOS, Mr. LARGENT, Mr. nesota, Mr. MANTON, Mr. BOUCHER, Administration for treatment of multiple LATHAM, Mr. LEWIS of Georgia, Mr. Mr. BLUMENAUER, Mr. STUPAK, Mr. sclerosis; to the Committee on Commerce, MALONEY of Connecticut, Mrs. DEAL of Georgia, Mr. MCNULTY, Ms. and in addition to the Committee on Ways MALONEY of New York, Mr. MANTON, RIVERS, Mr. DINGELL, Mr. DELLUMS, and Means, for a period to be subsequently Mr. MARTINEZ, Mr. MATSUI, Mr. and Mr. BARRETT of Wisconsin): determined by the Speaker, in each case for MCCOLLUM, Mr. MCDERMOTT, Mr. H.R. 1013. A bill to amend the Communica- consideration of such provisions as fall with- MCGOVERN, Mr. MCHALE, Mr. tions Act of 1934 to facilitate utilization of in the jurisdiction of the committee con- MCHUGH, Mr. MCKEON, Ms. MCKIN- volunteer resources on behalf of the amateur cerned. NEY, Mr. MEEHAN, Mrs. MEEK of Flor- radio service; to the Committee on Com- By Mr. MCINNIS: ida, Mr. MILLER of California, Mr. merce. H.R. 1019. A bill to provide for a boundary MILLER of Florida, Mrs. MINK of Ha- By Mr. FRANK of Massachusetts (for adjustment and land conveyance involving waii, Mr. MOAKLEY, Ms. MOLINARI, himself, Mr. KENNEDY of Massachu- the Raggeds Wilderness, White River Na- Mrs. MORELLA, Mr. NADLER, Mr. setts, Mr. GONZALEZ, Mr. JACKSON, tional Forest, CO, to correct the effects of NEAL of Massachusetts, Ms. NORTON, Mr. GUTIERREZ, Mr. SCHUMER, Mr. earlier erroneous land surveys; to the Com- Mr. NORWOOD, Mr. OLVER, Mr. OWENS, STARK, Mr. MCDERMOTT, Mr. KLECZ- mittee on Resources. Mr. OXLEY, Mr. PASTOR, Mr. PAYNE, KA, Mrs. CARSON, Mr. LAFALCE, Mr. H.R. 1020. A bill to adjust the boundary of Ms. PELOSI, Ms. PRYCE of Ohio, Mr. KANJORSKI, Mr. HINCHEY, Ms. ROY- the White River National Forest in the State RAHALL, Mr. ROMERO-BARCELO, Mr. BAL-ALLARD, Mr. WATT of North of Colorado to include all National Forest RUSH, Mr. SABO, Mr. DAN SCHAEFER Carolina, and Ms. NORTON): System lands within Summit County, CO, of Colorado, Mr. SCHUMER, Mr. SHAW, H.R. 1014. A bill to amend the United which are currently part of the Dillon Rang- Mr. SHAYS, Mr. SHUSTER, Mr. SISISKY, States Housing Act of 1937 to authorize pub- er District of the Arapaho National Forest; Mr. SKELTON, Mr. SMITH of New Jer- lic housing agencies to establish rental pay- to the Committee on Resources. ment amounts for assisted families that do H.R. 1021. A bill to provide for a land ex- sey, Mr. STARK, Mr. STEARNS, Mr. not discourage members of such families change involving certain National Forest STOKES, Mr. STUPAK, Mr. TALENT, Mr. from obtaining employment, and for other System lands within the Routt National For- TAYLOR of North Carolina, Mrs. purposes; to the Committee on Banking and est in the State of Colorado; to the Commit- THURMAN, Mr. TIERNEY, Mr. TORRES, Financial Services. tee on Resources. Mr. TOWNS, Mr. VISCLOSKY, Mr. By Mr. GUTIERREZ (for himself, Mr. By Mr. MILLER of Florida (for himself, WALSH, Mr. WATT of North Carolina, Mr. WAXMAN, Mr. WELDON of Penn- EVANS, Mr. FILNER, Mr. DELLUMS, Mr. FRANK of Massachusetts, Mr. sylvania, Mr. WOLF, Mr. WYNN, Mr. Mr. ABERCROMBIE, Mr. SERRANO, Mr. COBLE, Mrs. FOWLER, Mr. FROST, Mr. YATES, Mr. WELLER, Mr. SCHIFF, Mr. FRANK of Massachusetts, Ms. WA- TRAFICANT, Mr. BENTSEN, Mr. SHAYS, BISHOP, Mr. BOEHLERT, Mr. BROWN of TERS, Mr. STARK, Mr. TORRES, Mr. Mr. FLAKE, Mr. GILMAN, Mr. California, and Mr. SPRATT): GONZALEZ, Mr. PASTOR, Ms. ROYBAL- NETHERCUTT, Mr. BOEHLERT, Mr. H.R. 1023. A bill to provide for compas- ALLARD, Ms. VELA´ ZQUEZ, Mr. DEFAZIO, Mr. QUINN, and Mr. SOLO- sionate payments with regard to individuals ´ MON): HINOJOSA, Mr. ROMERO-BARCELO, Mr. with blood-clotting disorders, such as hemo- GREEN, Mr. MEEHAN, Mr. WATT of H.R. 1022. A bill to authorize manufactur- ers and dealers of cars, trucks, buses, and philia, who contracted human North Carolina, Mr. VENTO, Mr. immunodeficiency virus due to contami- multipurpose passenger vehicles and motor FORD, Ms. JACKSON-LEE, Ms. CHRIS- nated blood products, and for other purposes; vehicle repair businesses to install switches TIAN-GREEN, Mr. FROST, Mr. SABO, to the Committee on the Judiciary, and in to be used by drivers to deactivate air bags Mr. OBERSTAR, Mr. DAVIS of Illinois, addition to the Committees on Commerce, in cars, trucks, buses, and multipurpose pas- and Mr. BROWN of California): and Ways and Means, for a period to be sub- H.R. 1015. A bill to rescind restrictions on senger vehicles; to the Committee on Trans- sequently determined by the Speaker, in welfare and public benefits for legal immi- portation and Infrastructure, and in addition each case for consideration of such provi- grants enacted by title 4 of the Personal Re- to the Committee on Commerce, for a period sions as fall within the jurisdiction of the sponsibility and Work Opportunity Rec- to be subsequently determined by the Speak- committee concerned. onciliation Act of 1996, to reduce corporate er, in each case for consideration of such pro- By Mrs. MINK of Hawaii: welfare, to strengthen tax provisions regard- visions as fall within the jurisdiction of the H.R. 1024. A bill to establish requirements ing persons who relinquish U.S. citizenship, committee concerned. for the cancellation of automobile insurance and for other purposes; to the Committee on By Mr. GOSS (for himself, Mr. ABER- policies; to the Committee on Commerce. Ways and Means. CROMBIE, Mr. ACKERMAN, Mr. ARCHER, H.R. 1025. A bill to amend the Federal Elec- By Mr. HEFLEY: Mr. BAKER, Mr. BALDACCI, Mr. BARCIA tion Campaign Act of 1971 to prohibit the use H.R. 1016. A bill to amend the Internal Rev- of Michigan, Mr. BARRETT of Ne- of soft money to influence any campaign for enue Code of 1986 to provide a mechanism for braska, Mr. BENTSEN, Mr. BERMAN, election for Federal office; to the Committee taxpayers to designate $1 of any overpay- Mr. BILBRAY, Mr. BILIRAKIS, Mr. on House Oversight. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H889 By Mr. PACKARD (for himself, Mrs. nia, Mr. WICKER, Mr. POMBO, Mr. ADDITIONAL SPONSORS KENNELLY of Connecticut, Mr. HUNTER, Mrs. FOWLER, Mr. CANNON, Under clause 4 of rule XXII, sponsors PAPPAS, Mr. FOLEY, Mr. BAKER, Mr. and Mr. SOLOMON): BARCIA of Michigan, Mr. FILNER, Mrs. H.J. Res. 62. Joint resolution proposing an were added to public bills and resolu- KELLY, Mr. MCKEON, Mr. SENSEN- amendment to the Constitution of the Unit- tions as follows: BRENNER, Mr. SHAYS, and Mr. WELDON ed States with respect to tax limitations; to H.R. 1: Mr. COOK. of Pennsylvania): the Committee on the Judiciary. H.R. 14: Mr. COBLE, Mr. SESSIONS, Mr. H.R. 1026. A bill to amend the Internal Rev- By Mr. PAXON: MCKEON, Mr. DEUTSCH, Mr. CLEMENT, Mr. enue Code of 1986 to allow a capital loss de- H.J. Res. 63. Joint resolution proposing an BLILEY, Mr. GREENWOOD, Mr. KLUG, Mr. duction with respect to the sale of a prin- amendment to the Constitution of the Unit- GOODLATTE, and Mr. GIBBONS. cipal residence; to the Committee on Ways ed States to provide that Federal judges be H.R. 17: Mr. FROST and Mr. JEFFERSON. and Means. reconfirmed by the Senate every 12 years; to H.R. 18: Ms. FURSE, Mr. SENSENBRENNER, By Mr. PAXON: the Committee on the Judiciary. Mr. DOYLE, Mr. HEFLEY, Mr. TOWNS, Mr. H.R. 1027. A bill to amend title 28, United By Mr. DUNCAN (for himself, Mr. LI- KUCINICH, Mr. WICKER, Mr. WYNN, and Mr. States Code, to provide for a three-judge PINSKI, Mr. TRAFICANT, and Mrs. MCGOVERN. court to hear and determine any application MYRICK): H.R. 27: Mr. BLILEY, Mr. PAUL, Mr. JONES, for an injunction against the enforcement of H. Con. Res. 42. Concurrent resolution re- and Mr. BURR of North Carolina. a State or Federal law on the ground of un- garding the waiver of diplomatic immunity H.R. 38: Mr. BORSKI and Mr. BARCIA of constitutionality, and for other purposes; to in cases involving serious criminal offenses; Michigan. the Committee on the Judiciary. H.R. 45: Mr. PETERSON of Minnesota, Mr. to the Committee on International Rela- By Mr. SAXTON: SANDLIN, and Mr. KANJORSKI. tions. H.R. 1028. A bill to amend the Internal Rev- H.R. 65: Mr. BORSKI, Mr. BISHOP, and Mr. By Mr. FRANKS of New Jersey (for enue Code of 1986 to provide a partial exclu- GREEN. himself, Mr. BORSKI, Mr. GILCHREST, sion from gross income of certain retirement H.R. 71: Mr. WYNN and Mr. SENSENBRENNER. Mr. LAHOOD, Mr. QUINN, Mr. NADLER, benefits received by taxpayers who have at- H.R. 86: Mr. RIGGS and Mr. LATOURETTE. tained age 65; to the Committee on Ways and Mr. LOBIONDO, Mr. MCGOVERN, Mr. H.R. 96: Mr. LEACH and Mr. INGLIS of South Means. PASCRELL, Mr. SHAYS, Mr. Carolina. By Mr. TOWNS: FRELINGHUYSEN, Mrs. MORELLA, Mrs. H.R. 98: Mr. BALDACCI, Mr. COOK, Ms. H.R. 1029. A bill to protect the personal pri- KENNELLY of Connecticut, Mrs. PELOSI, and Mr. BROWN of California. vacy rights of insurance customers and KELLY, Mr. MARKEY, Mr. CARDIN, Mr. H.R. 107: Mr. KING of New York, Mr. SAW- claimants, and for other purposes; to the KENNEDY of Massachusetts, Mr. YER, Mr. WYNN, Mr. EVANS, Mr. BISHOP, Mr. Committee on Commerce, and in addition to MCHUGH, Mr. CASTLE, Ms. DELAURO, BONIOR, Ms. WOOLSEY, Mr. GREEN, and Mr. the Committee on the Judiciary, for a period Mr. MCHALE, Mr. KENNEDY of Rhode DIAZ-BALART. to be subsequently determined by the Speak- Island, Mr. CUMMINGS, Mr. HOLDEN, H.R. 122: Mr. PAUL and Mr. HUNTER. er, in each case for consideration of such pro- and Mr. ROTHMAN): H.R. 135: Ms. EDDIE BERNICE JOHNSON of visions as fall within the jurisdiction of the H. Con. Res. 43. Concurrent resolution ex- Texas, Mr. KLECZKA, Mr. KUCINICH, Ms. committee concerned. pressing the sense of Congress that the Inter- MCKINNEY, Ms. STABENOW, Mr. WISE, and Mr. By Mr. BARTON of Texas (for himself, modal Surface Transportation Efficiency Act REYES. Mr. HALL of Texas, Mr. SHADEGG, Mr. of 1991 should not be radically overhauled, H.R. 157: Mr. FOX of Pennsylvania. ANDREWS, Mr. TAYLOR of Mississippi, and for other purposes; to the Committee on H.R. 158: Mr. RIGGS and Mr. NEAL of Massa- Mr. ADERHOLT, Mr. ARMEY, Mr. Transportation and Infrastructure. chusetts. BAKER, Mr. BARR of Georgia, Mr. By Mr. SANDERS (for himself, Mr. H.R. 162: Mr. WATKINS. BARRETT of Nebraska, Mr. BARTLETT GILMAN, Ms. PELOSI, Mr. WOLF, and H.R. 169: Mr. BAKER and Mr. HOBSON. of Maryland, Mr. BASS, Mr. BILBRAY, Mr. CAPPS): H.R. 173: Mr. HORN, Mr. SCHIFF, Mr. HYDE, Mr. BLILEY, Mr. BLUNT, Mr. BONILLA, H. Con. Res. 44. Concurrent resolution ex- Mr. BROWN of California, Mr. BLUMENAUER, Mr. BONO, Mr. BRADY, Mr. BUNNING of pressing the sense of the Congress with re- Mr. HERGER, and Mr. PACKARD. Kentucky, Mr. BURR of North Caro- spect to United States opposition to the pris- H.R. 218: Mrs. KELLY and Mr. WISE. lina, Mr. BURTON of Indiana, Mr. CAL- on sentence of Tibetan ethnomusicologist H.R. 292: Mr. SOUDER. VERT, Mr. CAMP, Mr. CHABOT, Mrs. Ngawang Choephel by the Government of the H.R. 297: Mr. FALEOMAVAEGA, Ms. LOFGREN, CHENOWETH, Mr. CHRISTENSEN, Mr. People’s Republic of China, and that the and Mr. EVANS. H.R. 298: Mr. FROST and Mrs. MALONEY of COBLE, Mr. COBURN, Mr. COLLINS, Mr. United States should sponsor and promote a New York. COMBEST, Mr. COOK, Mr. COOKSEY, resolution at the U.N. Commission on H.R. 301: Mr. FALEOMAVAEGA, Ms. LOFGREN, Mrs. CUBIN, Mr. CUNNINGHAM, Mr. Human Rights regarding China and Tibet; to and Mr. EVANS. CRANE, Mr. DEAL of Georgia, Mr. the Committee on International Relations. H.R. 303: Mr. BORSKI, Mr. BISHOP, and Mr. DELAY, Mr. DOOLITTLE, Mr. DUNCAN, By Mr. STUPAK: GREEN. Mrs. EMERSON, Mr. ENGLISH of Penn- H. Con. Res. 45. Concurrent resolution ex- H.R. 328: Mr. HEFLEY. sylvania, Mr. ENSIGN, Mr. FOX of pressing the sense of the Congress that a H.R. 336: Mr. QUINN. Pennsylvania, Mr. FRELINGHUYSEN, postage stamp should be issued to honor H.R. 366: Mrs. MINK of Hawaii. Mr. GIBBONS, Mr. GINGRICH, Mr. Bishop Frederic Baraga; to the Committee H.R. 383: Mr. FOX of Pennsylvania, Mr. GOODE, Mr. GOODLATTE, Mr. GOOD- on Government Reform and Oversight. UNDERWOOD, Mr. TORRES, Mr. GREEN, and Mr. LING, Mr. GRAHAM, Ms. GRANGER, Mr. By Mr. SUNUNU (for himself, Ms. JEFFERSON. GREENWOOD, Mr. HANSEN, Mr. HAST- GRANGER, and Mr. PITTS): H.R. 400: Mr. WEXLER, Mr. DELAHUNT, Mr. INGS of Washington, Mr. HAYWORTH, H. Res. 89. Resolution requesting the Presi- FARR of California, Mrs. MEEK of Florida, Mr. HEFLEY, Mr. HERGER, Mr. dent to submit a budget for fiscal year 1998 Mr. HOUGHTON, Mr. NADLER, and Ms. FURSE. HILLEARY, Mr. HOEKSTRA, Mr. INGLIS that would balance the Federal budget by H.R. 406: Mr. WELDON of Pennsylvania, Mr. of South Carolina, Mr. ISTOOK, Mr. fiscal year 2002 without relying on budgetary WALSH, and Mr. HINCHEY. SAM JOHNSON, Mr. JONES, Mr. KASICH, contingencies; to the Committee on the H.R. 417: Mr. LEWIS of Georgia, Mrs. Mrs. KELLY, Mr. LAHOOD, Mr. Budget. LOWEY, Mr. SANDERS, Mr. MCDERMOTT, Ms. LARGENT, Mr. LATHAM, Mr. By Mr. THOMAS: KILPATRICK, Mr. QUINN, Mr. COYNE, Mr. LATOURETTE, Mr. LEWIS of Kentucky, H. Res. 91. Resolution providing amounts FLAKE, and Mr. MCGOVERN. Mr. MANZULLO, Mr. MCCOLLUM, Mr. for the expenses of certain committees of the H.R. 437: Mr. SERRANO, Mr. FLAKE, Mr. MCHUGH, Mr. MCINTOSH, Mr. MICA, House of Representatives in the 105th Con- SHAW, Mr. SCARBOROUGH, Mr. SHAYS, and Mr. Mr. MILLER of Florida, Ms. MOLINARI, gress; to the Committee on House Oversight. CARDIN. Mr. NORWOOD, Mr. OXLEY, Mr. PACK- H.R. 446: Mr. SKEEN. ARD, Mr. PETERSON of Pennsylvania, f H.R. 464: Mr. TOWNS. Mr. RIGGS, Mr. ROGAN, Mr. H.R. 465: Mr. BENTSEN. ROHRABACHER, Mr. ROYCE, Mr. SALM- H.R. 478: Mr. RADANOVICH, Mr. ON, Mr. SANFORD, Mr. SAXTON, Mr. PRIVATE BILLS AND ROHRABACHER, Mr. DOOLITTLE, Mr. LEWIS of SCARBOROUGH, Mr. BOB SCHAFFER, RESOLUTIONS California, Mr. HOSTETTLER, Mr. YOUNG of Mr. SENSENBRENNER, Mr. SESSIONS, Alaska, Mr. HULSHOF, Mr. NETHERCUTT, Mr. Mr. SHIMKUS, Mr. SMITH of Michigan, Under clause 1 of rule XXII, SMITH of Oregon, Mrs. EMERSON, Mrs. Mr. SMITH of New Jersey, Mr. SMITH Mr. HOEKSTRA introduced a bill (H.R. CHENOWETH, Mr. LARGENT, and Mr. of Texas, Mrs. LINDA SMITH of Wash- 1030) to authorize the Secretary of Transpor- MCINTOSH. ington, Mr. SPENCE, Mr. STEARNS, tation to issue a certificate of documenta- H.R. 521: Mr. DAVIS of Illinois, Mrs. Mr. STUMP, Mr. TALENT, Mr. TAYLOR tion with appropriate endorsement for em- CHENOWETH, Mr. BOUCHER, Mr. KILDEE, Mr. of North Carolina, Mr. THORNBERRY, ployment in the coastwise trade for the ves- STEARNS, Mr. GOSS, Mr. JEFFERSON, Mr. Mr. WATTS of Oklahoma, Mr. WELDON sel W.G. Jackson; to the Committee on Trans- CUNNINGHAM, Mr. KANJORSKI, Mr. WEXLER, of Florida, Mr. WELDON of Pennsylva- portation and Infrastructure. and Mr. GORDON. H890 CONGRESSIONAL RECORD — HOUSE March 11, 1997

H.R. 525: Mr. HERGER, Mr. SAM JOHNSON, H.R. 767: Mr. BURR of North Carolina. H.R. 930: Mr. SANFORD and Mr. DAVIS of and Ms. DUNN of Washington. H.R. 773: Mr. SANDLIN and Mr. LEACH. Virginia. H.R. 534: Mr. RANGEL, Mr. KLECZKA, Mr. H.R. 805: Mr. BILBRAY. H.R. 949: Mr. PASCRELL. NEAL of Massachusetts, Mr. CARDIN, and Mr. H.R. 811: Mr. BONIOR, Mr. MCDADE, Mr. H.R. 950: Mr. SCHUMER, Mr. SANDERS, Mr. FLAKE. BALLENGER, Mr. CRAMER, Ms. DANNER, Mr. MCGOVERN, Mrs. MINK of Hawaii, and Ms. H.R. 538: Ms. LOFGREN and Mr. ABERCROM- GIBBONS, Mr. LATOURETTE, Mr. MCINTOSH, MCKINNEY. BIE. Mr. POMBO, Mr. SCARBOROUGH, Mr. TALENT, H.R. 954: Mr. KLUG. H.R. 553: Ms. DEGETTE, Mr. EVANS, Mr. and Mr. YOUNG of Alaska. FOGLIETTA, Ms. LOFGREN, Mr. UNDERWOOD, H.R. 815: Mr. EHLERS, Mr. BONIOR, Ms. H.R. 956: Mr. BARRETT of Wisconsin and Mr. WEYGAND, Mr. KUCINICH, Ms. WOOLSEY, WOOLSEY, Mr. TORRES, Mr. COBURN, Mr. Mr. WOLF. Mr. FALEOMAVAEGA, Mr. SANDLIN, and Mr. WISE, Mr. CUMMINGS, Mr. SANDLIN, Mr. GOR- H.R. 977: Mr. LAHOOD. HEFLEY. DON, and Mrs. MYRICK. H.J. Res. 1: Mr. LIVINGSTON. EEK ACK H.R. 577: Mrs. M of Florida, Ms. J - H.R. 820: Mr. SANDERS, Mr. KENNEDY of H.J. Res. 26: Mr. BEREUTER, Mr. PAUL, and SON EE IVERS ORTON -L , Ms. R , Ms. N , and Mr. Massachusetts, Mr. BOUCHER, Mr. KENNEDY Mr. BURR of North Carolina. BONIOR. of Rhode Island, Mr. NADLER, Mr. BROWN of H.J. Res. 40: Mr. BURTON of Indiana. H.R. 586: Mr. DOYLE, Mr. DINGELL, Mr. Ohio, Mr. GREEN, Mr. CONYERS, Ms. MCCAR- H.J. Res. 45: Ms. PELOSI, Mr. MALONEY of JONES, Mr. KANJORSKI, Mr. KUCINICH, and Ms. THY of Missouri, Mr. TIERNEY, Mr. OLVER, Connecticut, and Mr. BISHOP. ROYBAL-ALLARD. Mr. FRANK of Massachusetts, Ms. PELOSI, and H.R. 607: Mr. BROWN of California, Mr. H.J. Res. 54: Mr. BONILLA, Mrs. CHENOWETH, Mr. FLAKE. Mr. GINGRICH, Mr. LEWIS of Kentucky, Mr. ROYCE, Mr. KUCINICH, Ms. NORTON, and Mr. H.R. 832: Mr. EVANS. UTHER YUN ANFORD SESSIONS. H.R. 840: Mr. BENTSEN. L , Mr. R , and Mr. S . UINN OX H.R. 617: Mr. Q , Mr. F of Pennsylva- H.R. 841: Mr. RANGEL. H. Con. Res. 13: Mr. SAWYER, Mr. CAL- nia, Mr. COSTELLO, Mr. MCGOVERN, and Mr. H.R. 849: Mr. KINGSTON, Mr. HAYWORTH, and LAHAN, Mr. BISHOP, Mr. CAMPBELL, Mr. GREEN. Mr. STUMP. GOODLATTE, Mr. KUCINICH, Mr. DINGELL, Mr. H.R. 622: Mr. SMITH of Oregon. H.R. 852: Mr. WELLER and Mr. WEYGAND. DELLUMS, Mr. LANTOS, Mr. WAMP, Ms. WOOL- H.R. 628: Mr. MCCOLLUM, Mr. SHADEGG, and H.R. 871: Mrs. CARSON, Mr. EVANS, Ms. ROY- SEY, Ms. DANNER, Mr. BLUNT, Mr. ALLEN, Mr. Mr. SANDLIN. BAL-ALLARD, Mr. KUCINICH, and Mr. FOGLIETTA, Mr. COLLINS, and Ms. LOFGREN. H.R. 680: Mr. EVANS, Mr. REYES, and Mr. FALEOMAVAEGA. H. Con. Res. 16: Mr. PAYNE. HORN. H.R. 883: Mr. BOUCHER. H.R. 687: Mr. LEWIS of Georgia, Mrs. CAR- H. Con. Res. 23: Mr. TORRES and Ms. H.R. 902: Mr. BARCIA of Michigan, Ms. SON, Mr. TIERNEY, Mr. WYNN, Mr. MOAKLEY, DELAURO. DANNER, Mr. BOEHLERT, Mr. MCDADE, Mr. Mr. KUCINICH, and Mr. MCDERMOTT. H. Con. Res. 32: Mr. SHAYS, Ms. ROYBAL-AL- CAMP, and Mr. WICKER. H.R. 688: Mr. KLINK and Mr. FOX of Penn- LARD, and Mr. KUCINICH. H.R. 907: Mr. PARKER, Mr. NEUMANN, Mr. sylvania. H. Con. Res. 38: Mr. ENGEL, Mr. BACHUS, Mr. BRYANT, and Mr. BURTON of In- H.R. 715: Mr. SENSENBRENNER, Mr. TORRES, UNDERWOOD, and Mr. FALEOMAVAEGA. diana. Ms. NORTON, and Mr. JEFFERSON. H. Res. 15: Mr. ENGEL, Mr. LEWIS of Geor- H.R. 716: Mr. GOSS, Mr. MILLER of Florida, H.R. 918: Mr. UPTON. gia, Mrs. MALONEY of New York, Mr. SCHU- Mr. MCINTOSH, and Mr. BOB SCHAFFER. H.R. 919: Mr. KUCINICH, Ms. CHRISTIAN- MER, and Mr. MENENDEZ. H.R. 739: Mrs. CARSON. GREEN, and Mr. KILDEE. H.R. 750: Mr. UNDERWOOD and Mr. SHADEGG. H.R. 925: Mr. GANSKE and Mr. PARKER. H. Res. 30: Mr. NETHERCUTT. H.R. 752: Mr. LUCAS of Oklahoma. H.R. 928: Mrs. MYRICK, Mr. NETHERCUTT, H. Res. 39: Mr. FOGLIETTA, Mr. LIPINSKI, H.R. 755: Mr. KUCINICH, Mr. SOLOMON, and Mr. ENGLISH of Pennsylvania, and Mr. MIL- Ms. PELOSI, Mr. LAFALCE, Mr. BERMAN, Mr. Mr. REYES. LER of Florida. FRANK of Massachusetts, and Mr. STARK.