Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, FIRST SESSION

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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, THURSDAY, APRIL 24, 1997 No. 50 House of Representatives The House met at 10 a.m. and was SCHAFFER] come forward and lead the MEDICARE’S IMPENDING INSOL- called to order by the Speaker pro tem- House in the Pledge of Allegiance. VENCY, REPUBLICANS’ INACTION pore [Mr. BURTON of Indiana]. Mr. BOB SCHAFFER of Colorado led (Mr. PALLONE asked and was given f the Pledge of Allegiance as follows: permission to address the House for 1 I pledge allegiance to the Flag of the minute.) DESIGNATION OF THE SPEAKER United States of America, and to the Repub- PRO TEMPORE Mr. PALLONE. Mr. Speaker, today lic for which it stands, one nation under God, the Medicare trustees will release the indivisible, with liberty and justice for all. The SPEAKER pro tempore laid be- latest numbers on Medicare’s impend- fore the House the following commu- f ing insolvency. The Republicans are in nication from the Speaker: ANNOUNCEMENT BY THE SPEAKER the majority, so what is their solution? WASHINGTON, DC, PRO TEMPORE Instead of passing legislation to fix the April 24, 1997. The SPEAKER pro tempore. The trust fund, they have wasted the last 2 I hereby designate the Honorable DAN BUR- years trying to ram through deep Medi- TON to act as Speaker pro tempore on this Chair will entertain 15 one-minutes on each side. care cuts to finance tax breaks for the day. wealthy. NEWT GINGRICH, f Last week Republican leaders argued Speaker of the House of Representatives. PRESIDENT’S EXECUTIVE ORDER for an additional $30 billion in Medi- f WOULD LINE THE POCKETS OF care cuts. The Medicare legislation PRAYER UNION CONTRACTORS that the Republicans passed in the last The Chaplain, Rev. James David (Mr. NORWOOD asked and was given Congress would have forced seniors to Ford, D.D., offered the following pray- permission to address the House for 1 pay double premiums for lesser quality er: minute.) care. The Republicans fought the Medicare From the early morning Sun until Mr. NORWOOD. Mr. Speaker, what Program when it was created under the going down of the same, we express would the American public say about Democratic control, and now they are our thanksgiving, O gracious God, for Congress if we tried to exclude 90 per- relishing the opportunity to let it die cent of American workers from Gov- the many gifts of life that You freely under their watch. give to us each day. We know that You ernment contracts? They would have f look upon us not as we deserve, but our heads, and rightly so. But with a You forgive us and give us new life and stroke of his pen the President wants PROJECT LABOR AGREEMENTS bless us along life’s way. For Your to do just that, to pay off his friends at (Mr. BALLENGER asked and was amazing grace, for Your wonderful the AFL–CIO. The President wants to given permission to address the House gifts, O God, for all the heavenly hosts sign an Executive order that would for 1 minute.) who are witness to Your gifts, for all make sure that all the hard-earned tax Mr. BALLENGER. Mr. Speaker, the the people who encourage us and for all dollars Americans send to Washington American people are best served by the people we are privileged to serve, for Federal construction projects go open competition, whether for goods, we offer this prayer of gratitude and only to union contractors. services, or for construction. This has praise. Amen. It does not matter if a nonunion con- always led to lower costs, higher qual- f tractor can do a better or a less expen- ity, innovation, and efficiency. sive job. It does not matter that this The Executive order of President THE JOURNAL order would exclude 90 percent of the Clinton that he has promised his im- The SPEAKER pro tempore. The working families of this country. That portant labor friends ignores all these Chair has examined the Journal of the is just too bad. Only union contractors principles and imposes a near monop- last day’s proceedings and announces will get your tax dollars, even if it oly on the source of construction labor. to the House his approval thereof. costs more than a nonunion firm. Under union-only contracts Federal Pursuant to clause 1, rule I, the Jour- Does that make any sense? Of course work would be restricted to a small mi- nal stands approved. not, but apparently the President nority of the work force that is union- f thinks it is more important to line the ized and would deny work to the major- pockets of the union bosses. ity of workers who, for religious, eco- PLEDGE OF ALLEGIANCE Mr. Speaker, I urge the President to nomic, or other personal reasons, The SPEAKER pro tempore. Will the reconsider this absurdly unfair, costly, choose not to work under union con- gentleman from Colorado [Mr. BOB and absurdly un-American order. trol.

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.

H1797 H1798 CONGRESSIONAL RECORD — HOUSE April 24, 1997 Mr. Speaker, I urge the President to of lawsuits to be filed against innocent day. Today it is losing about $36 mil- reject the calls from one narrow inter- people who volunteer their time to lion a day. Our seniors, my grand- est group for favoritism and to support serve others. mother, my mom, my dad, your grand- fair and open competition. Imposing Mr. Speaker, too many volunteers mother, your mom and dad, they de- this discriminatory Executive order are put on trial by those who are ma- serve more. It is time for us to work on would be a disservice to working men nipulating our legal system and that a bipartisan basis to save Medicare, not and women, to the American taxpayer, must stop. That is why we must pass just for the next election, but for the and to the economy. H.R. 911, the Volunteer Protection Act. next generation. f Volunteers who act in good faith, who f are engaged in acts of charity should WOMEN AND INFANT CARE not be threatened by absurd lawsuits. EDUCATION STANDARDS PROGRAM SHOULD NOT BE CUT Let us pass H.R. 911 and strengthen (Mr. ETHERIDGE asked and was (Mr. FLAKE asked and was given the unique American spirit of volunta- given permission to address the House permission to address the House for 1 rism. for 1 minute.) minute and to revise and extend his re- f Mr. ETHERIDGE. Mr. Speaker, noth- marks.) ing is more important to the future of Mr. FLAKE. Mr. Speaker, I rise WHITE HOUSE TURNS THE OTHER our American families, our commu- today to ask my colleagues to give CHEEK ON CHINA’S ACTIONS nities, and our economy than the suc- major consideration to a program that (Mr. TRAFICANT asked and was cess of our public schools. In North I think is one of America’s finest, and given permission to address the House Carolina, we have proven that over the that is the women and infant care pro- for 1 minute and to revise and extend last 8 years that if you want to make gram, which I understand that many his remarks.) great strides in public education, you are talking about cutting. Mr. TRAFICANT. Mr. Speaker, China can do it through innovation, high When we talk about a Nation where denies American products and the standards, and good old-fashioned hard infant mortality is at such a high rate White House turns the other cheek. work. that it compares very favorably to China smuggles AK–47’s into America I rise today to urge this Congress to many Third World countries, it seems and the White House turns the other take aggressive action to support ex- to me that a program that addresses cheek. China sells missiles to Iran, the cellence in our public schools. North the needs of pregnant women, children White House turns the other cheek. Carolina has proven that by challeng- before and after birth, ought not be one China even threatened to use nuclear ing our people to become the best, we that we ought to be using the budget force against Taiwan. The White House bring out their best efforts. This Con- knife to slice. turns the other cheek. gress must take the same approach by In reality, when we talk about what And after all this, the White House providing the necessary tools to equip America is all about, it would seem to still wants to grant most-favored-na- our young people to provide for quality me our primary interest ought to be in tion trade status to China. education for every child in every point the protection of our babies and our Beam me up here. Evidently, the and every place in America for those children, and clearly one of the best White House will not learn a lesson till that are willing to work. programs that we have that addresses one of those Communist Chinese mis- Mr. Speaker, I will soon introduce that concern is the Women and Infant siles hits them right smack in the mid- legislation to support voluntary stand- Care Program. dle of their other cheeks. Think about ards in our States to provide for higher I think if we talk about budget cuts that one, ladies and gentlemen. We are, standards. We must measure our with WIC, we lose the opportunity to in fact, financing the next major na- progress and chart our future to a bet- provide for milk, the bread and all of tional security threat to our Nation. ter America. I urge my colleagues to the other necessities for the nutrition f join me in the support of this legisla- of these young children, and in doing tion. MEDICARE TRUSTEES’ REPORT so, I think it represents a blight on f America. (Mr. KINGSTON asked and was given I would hope that committees that permission to address the House for 1 SAVING MEDICARE are giving consideration to budget cuts minute and to revise and extend his re- (Mr. BOB SCHAFFER of Colorado in this area would reconsider and think marks.) asked and was given permission to ad- more favorably about a program that is Mr. KINGSTON. Mr. Speaker, a little dress the House for 1 minute.) doing what it was intended to do, and over 2 years ago, on April 3, 1995, the Mr. BOB SCHAFFER of Colorado. that is meet the needs of our infants Medicare trustees, who are appointed Mr. Speaker, today is an important day and our pregnant mothers. by President Clinton and other folks, for my grandmother and my wife’s f but it is a bipartisan committee, they grandmother and for many of the sen- came out with their report, and the iors that I have had a chance to meet THE SPIRIT OF VOLUNTARISM IS trustees’ report 2 years ago said Medi- over the last several years in my short STILL ALIVE AND WELL care was going to be bankrupt, the career in politics. Today is important (Ms. DUNN asked and was given per- Congress was under an obligation to to them because this afternoon the mission to address the House for 1 move to protect and preserve and Medicare trustees will meet and finally minute and to revise and extend her re- strengthen Medicare. release the annual trustee report. marks and include extraneous mate- At that time, the Congress passed This is a body of trustees appointed rial.) two plans to protect, preserve, and by the President. If recent trends hold Ms. DUNN. Mr. Speaker, when Alexis strengthen Medicare on a bipartisan true, the Medicare trust fund will be de Toqueville came to America in the basis and increase funding per bene- bankrupt within 4 or 5 years; and when spring of 1831, there were many aspects ficiary from about $5,200 to $7,100. that happens, all of these seniors will of American life that deeply impressed There was no cut. lose their hospital coverage. My grand- him. One of the aspects of American Unfortunately, politics being poli- mother and my wife’s grandmother life that impressed him the most was tics, this was demagogued and eventu- asked me to promise them during the the spirit of voluntarism that he en- ally vetoed by the President of the course of my campaign that I would countered everywhere he went. United States. The senior citizens of not let that occur, and I aim to main- Mr. Speaker, that spirit of volunta- America deserve more. Today those tain that promise and uphold it. rism is still alive and well today. In same trustees will come out with yet For 2 years, the Republicans have fact, I believe that voluntarism is part another report, and it will say one been fighting to save the trust fund. of the American character. That is why more time that Medicare is going to go Our plan would actually increase Medi- I am so distressed to see that the spirit bankrupt in the year 2002. care spending by an average of 71⁄2 per- of voluntarism is threatened these days In 1995, when the report first came cent per year from the $5,200 per recipi- by a legal system that allows all sorts out, Medicare was losing $22 million a ent today to $7,100 by the year 2002. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1799 That rate of responsible growth is what doing a good job. If they are not, we or nonunion construction company. is needed to, in fact, maintain the sol- ought to be investigating. We can use President Clinton’s initiative is unfair vency of the trust fund. the best equipment to detect those and discriminatory and goes in the op- We also intend to offer choices and to bringing drugs into America. We are posite direction of fair and merit-based restore the patient-physician relation- not doing enough. It is time that we competition. It will exacerbate already ship that has been lost by a large gov- recognized how high these stakes are strained relations between manage- ernment, third-party payer system, and do our very best. ment and labor in this Nation and be- which is going bankrupt unless we act f tween the Congress and the adminis- now to save it. tration. I would implore the President FREEDOM OF THE PRESS UNDER I urge my colleagues on the other to reconsider his intentions here. ATTACK side and the White House, as well, to f (Mr. HINCHEY asked and was given join us in the effort. MEDICARE f permission to address the House for 1 minute and to revise and extend his re- (Mr. WYNN asked and was given per- TAX BREAKS FOR WEALTHY IS marks.) mission to address the House for 1 WRONG PRIORITY Mr. HINCHEY. Mr. Speaker, one of minute and to revise and extend his re- (Mr. ALLEN asked and was given the most important aspects of the marks.) Mr. WYNN. Mr. Speaker, one of the permission to address the House for 1 foundation upon which this Republic is things that most frustrates the Amer- minute and to revise and extend his re- based is freedom of the press. That ican public is the failure of Congress to marks.) freedom unfortunately is under attack address the Nation’s real business. Mr. ALLEN. Mr. Speaker, Repub- by the majority in this House. Two Today the trustees of the Medicare sys- licans are demanding an additional $10 days ago, the Speaker of the House of tem will make a report and talk about to $30 billion in Medicare cuts. Why? Representatives addressing the Georgia Chamber of Commerce called upon the the real business, and that business is Not to extend the life of the Medicare the problem of our Medicare trust fund part A trust fund, not to improve the advertisers in America’s newspapers to attempt to influence the quality and going bankrupt in about the year 2002. program for the 38 million seniors and The question then becomes what are disabled who depend on it. No, the ad- character of news as it is being recorded by the free press in this coun- we going to do about it? Or, rather, ditional cuts proposed by the majority what is the Republican majority going try. This comes upon the heels of the are needed to fund tax breaks for the to do about it? We believe that we can blatant attack during the last Congress wealthy. make prudent cuts and achieve savings to influence in an outrageous way pub- The new crown jewel, costing $300 bil- that will solve this problem. The Presi- lic broadcasting, both television and lion over the next 5 years, involves dent has put that proposal out on the radio, in this country by cutting back eliminating all estate and capital gains table. We can adjust it and avoid this on their funds. Freedom of the press is taxes. Some tax relief makes sense, but bankruptcy. The question becomes, critically important to the future of only after we balance the Federal budg- what does the Republican majority this country and to the freedoms that et and invest in our future. want to do? So far, their crown jewel is are possessed by all Americans. That Tax breaks for the wealthy are the not solving Medicare but providing tax wrong priority for this Congress. Our freedom is under attack by this Speak- breaks that basically benefit the children must be our top priority. Chil- er. I call upon the majority Members in wealthy. The tax breaks that they have dren’s health insurance, quality, af- this House to repudiate those remarks talked about amount to $300 billion fordable child care, improved edu- of the Speaker and to reaffirm that over 5 years. Who gets that $300 billion cation, and confronting drug and alco- this House stands solidly behind the in tax breaks? Not the average Amer- hol abuse, that is the heart of our fu- right of the free press in this country ican. Rather, the richest 5 percent, peo- ture and ought to be part of our budg- to report the news as it sees fit, not ple who make over $100,000 a year. et. based upon the advertisers that adver- My suggestion is this: Let us not give f tise in those newspapers. those big tax breaks, let us put the f crown jewel back in the drawer, let us b 1015 PROJECT LABOR AGREEMENTS address the Nation’s real business which is solving the Medicare problem. REPUBLICAN AGENDA TO (Mr. FAWELL asked and was given ADDRESS CHILD ABUSE We can do that without giving tax permission to address the House for 1 breaks to the wealthy, and that is what (Mr. EWING asked and was given per- minute.) we ought to do. Take care of the Na- mission to address the House for 1 Mr. FAWELL. Mr. Speaker, the Clin- tion’s business. minute and to revise and extend his re- ton administration is expected to issue f marks.) an Executive order regarding the use of Mr. EWING. Mr. Speaker, I come what is called ‘‘project labor agree- MEDICARE IS LIVING BEYOND ITS here today to talk about part of the ments’’ for all Federal and federally MEANS Republican agenda. Yesterday I was in funded construction projects. This pro- (Mr. GUTKNECHT asked and was a news conference with the gentle- posal is anticompetitive, it is discrimi- given permission to address the House woman from New York [Ms. MOLINARI], natory, and it is just basically unfair for 1 minute and to revise and extend the Speaker of the House, the gen- since nonunion construction companies his remarks.) tleman from Texas [Mr. DELAY], and will not be eligible to bid on Federal Mr. GUTKNECHT. Mr. Speaker, as others from our side talking about leg- and federally funded construction my colleagues have said so far this islation to help protect abused chil- projects. morning, today the Medicare trustees’ dren. The proposed order appears to be yet report will be unveiled. Unfortunately, One of the points that came out so another attempt by the President to we all know what it is going to say. It clearly in that legislative proposal and change or affect Federal laws by execu- is going to say that bankruptcy is clos- those who testified was that drugs and tive fiat rather than through the noring in. That is the bad news. alcohol are one of the biggest causes of mal legislative process. For 2 years now Medicare part A, the child abuse in America. I think, of Mr. Speaker, this is a matter of basic trust fund, has been spending more course, of child abuse as symptomatic American fairness. Republicans and than it takes in. Medicare is living be- of the problems with our society and Democrats alike should be concerned yond its means and is rapidly depleting that is an enormous challenge that will about this proposed Executive order. any surplus that it may have built up. take years to meet. But there are Bids to perform Government work That is the bad news. things we can do now. We can stop should be based on sound, credible cri- The good news is that we have a plan drugs from entering America. We can teria such as quality of work, experi- to protect the trust fund. We can sim- do a better job of it. We can beef up our ence, and cost, not union affiliation plify the complicated billing and paper- border patrols. I hope that they are and not whether the bidder is a union work. We can offer seniors a choice and H1800 CONGRESSIONAL RECORD — HOUSE April 24, 1997 use the market system to give people a nothing. In the first 6 months of this Spielberg’s filming at a former defense choice and let them decide what is best year we are in deficit of $101 billion and facility, not a war movie but a movie for them. We can aggressively fight this is claimed to be a victory, thus about slaves who revolted and freed waste and abuse, which cost billions of taking off the pressure to work harder themselves. As exciting as the topic of dollars to the Medicare fund every to cut spending. How did they do this? the story is, it was exciting to see de- year. The first thing we did was we sent fense diversification at work. Sonalyst Mr. Speaker, such a plan was success- the IRS agents out and hounded the Studios has the best sound stage in fully passed in the last Congress. Un- American people and collected $28 bil- America. It used the sound technology fortunately, the President chose to lion more than they did in the first 6 it developed during the cold war with veto it. We have a unique opportunity months of the last fiscal year. But they submarines and submarine quieting to in this Congress to produce such a solu- did something else. They keep borrow- build a sound stage. tion again. Let us work together on a ing from the trust funds. They borrow b 1030 bipartisan basis, let us seize the day, from the Social Security fund, further let us save Medicare. jeopardizing that whole program. Now a company is diversified, helping f Looking at the statistics more care- the economy of eastern Connecticut, fully, they claim the deficit is $111, but providing jobs and then entertainment TRIBUTE TO BRANDON K. SEARCY during the past 12 months our national for the country. While we are still suf- (Mr. LEWIS of Georgia asked and was debt went up $241 billion. There is no fering some of the effects of the defense given permission to address the House way to predict what the next 6 months downsizing and the bad economy of the for 1 minute and to revise and extend will bring. Interest rates may rise, rev- early nineties, small companies like his remarks.) enues may dwindle if the markets and Sonalyst Studios Ship Analysis and Mr. LEWIS of Georgia. Mr. Speaker, the economy slumps. Technologies are taking their defense I rise on behalf of the citizens of At- I think that we ought to have some technologies and diversifying, expand- lanta to mourn the loss and celebrate truth in lending and truth in legislating our economy and building the econ- the life of Brandon Searcy. Brandon ing here by honestly telling the Amer- omy of the entire country. This event Searcy was just 8 years old. He was the ican people that there is something Friday night was spectacular to see victim of a senseless and hideous wrong here that could and should be some of the best in the entertainment crime. adjusted with decreased spending, not industry coming to eastern Connecti- Mr. Speaker, what kind of world do raising taxes and not further robbing cut. Using our facilities at Sonalyst we live in when an 8-year-old child is the Social Security trust fund. Studios is hopefully going to set a pat- stalked and preyed upon, when it is no f tern for years to come. longer safe for a child to walk a block Mr. Speaker, we have still got pains to a school bus stop? MEDICARE TRUSTEES REPORT in defense downsizing but it is exciting Brandon Searcy was a special child, a DUE TODAY to see these companies using their own gifted child. He was the light and the (Mr. PETERSON of Pennsylvania resources and investment to broaden joy of his mother Kimala Searcy. He asked and was given permission to ad- their economic activity, benefiting the loved school and he loved the Lord, and dress the House for 1 minute and to re- entire community. he was dedicated to both. vise and extend his remarks.) Mr. DREIER. Mr. Speaker, will the Brandon was a member of the First Mr. PETERSON of Pennsylvania. gentleman yield for one moment? Norman Grove Baptist Church in Today, the Medicare trustees are due Mr. GEJDENSON. I yield to the gen- Scottsdale, GA. He often took notes to report on the projected solvency of tleman from California. during the pastor’s sermons, and he the Medicare part A trust fund. As we Mr. DREIER. Mr. Speaker, I would and sister, Algerica, would sing with all recall, last year’s report predicted just like to say to my friend that we joy their favorite song, ‘‘Shake the the part A trust fund would be insol- are happy to see the entertainment in- Devil Off.’’ vent by the year 2001 without reform. dustry moving to Connecticut par- Brandon was a second grade student We also know that in 1996 the trust tially, but we want them to know that at Cleveland Avenue Elementary fund lost $25 million a day and is now their home continues to be in southern School where he excelled as an honor losing over $30 million a day. California, and we hope very much student on the principal’s list. He loved Ladies and gentlemen of this House, they will continue to make base there. to play baseball and his ambition was this is unacceptable. The state of the Mr. GEJDENSON. Mr. Speaker, re- to go to college and then become a pro- Medicare Program warrants serious claiming my time, I would say that we fessional baseball player. discussion proposing genuine solutions. are happy at this stage to just have a Mr. Speaker, Brandon Searcy’s favor- A recent proposal introduced in the small piece of what is happening in ite passage from the Bible was the 23d House would add provider-sponsored or- southern California, and we will fight Psalm. It reads in part, ‘‘Surely good- ganizations to the managed care op- over the larger share later. ness and mercy shall follow me all the tions available to Medicare bene- f days of my life, and I will dwell in the ficiaries. By allowing groups of affili- DEPUTY TREASURY SECRETARY house of the Lord forever.’’ ated providers to organize and deliver a COMPLETELY MISSES THE POINT Brandon Searcy, Mr. Speaker, will broad base of health care services, we ON DEATH TAXES surely dwell in the house of the Lord can offer new choices for quality care forever. He will be remembered and he that is community based. For a rural (Mr. PAXON asked and was given will be missed by all who knew him and district like mine, increased choice is a permission to address the House for 1 many who never had the good fortune. welcome opportunity. Whether your minute and to revise and extend his re- God bless Brandon Searcy. district is rural, urban, or suburban, we marks.) f all know that localized solutions work Mr. PAXON. Mr. Speaker, earlier this best. week the Deputy Treasury Secretary, WE NEED TRUTH IN LENDING AND I ask Members to support that meas- Lawrence Summers, condemned efforts TRUTH IN LEGISLATING ure. to ease Federal death taxes saying (Mr. PAUL asked and was given per- f these were motivated by, and I am mission to address the House for 1 quoting him here, selfishness. I believe minute and to revise and extend his re- DEFENSE DIVERSIFICATION ON it is nothing short of an outrage for an marks.) DISPLAY IN NEW FILM administrative official who has such Mr. PAUL. Mr. Speaker, I am very (Mr. GEJDENSON asked and was important influence over tax policy to disappointed that so far in this Con- given permission to address the House make a statement like this. gress we have not yet seen any sincere for 1 minute and to revise and extend Secretary Summers completely effort to cut any spending. The latest his remarks.) misses the point on death taxes. The ploy has been the Treasury report that Mr. GEJDENSON. Mr. Speaker, this fact is whether it is small business or claims the deficit is shrinking up to last Friday we celebrated Steven family farmers or others, they spend April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1801 thousands of hours and tens of thou- eration of the bill for failure to comply with Mr. Speaker, the National Institute sands of dollars, in many cases a year, clause 2(l)(6) of rule XI are waived. General of Standards and Technology is the Na- on estate planning to forestall the debate shall be confined to the bill and shall tion’s oldest Federal laboratory, serv- not exceed one hour equally divided and con- selloff of that family farm or that trolled by the chairman and ranking minor- ing as the Nation’s dispute arbiter of small business which results in the loss ity member of the Committee on Science. standards in complex technologies. I of jobs back at home in our districts. After general debate the bill shall be consid- look forward to an open and full debate This is time and money that would be ered for amendment under the five-minute and will defer to the Committee on far better spent on buying new equip- rule. It shall be in order to consider as an Science for an indepth explanation as ment and expanding operations so new original bill for the purpose of amendment to the bill’s merits and complexities. jobs and more jobs and better wages under the five-minute rule the amendment The Committee on Rules’ hearing on can be created. in the nature of a substitute recommended this bill was extremely cordial and bi- by the Committee on Science now printed in Now as we continue this debate we the bill. Each section of the committee partisan, which I believe is an accurate cannot lose sight of the heavy costs amendment in the nature of a substitute reflection of the manner in which the that death taxes impose each and every shall be considered as read. During consider- Committee on Science handled this year on our communities and our coun- ation of the bill for amendment, the Chair- legislation. try. If we stress this enough here in man of the Committee of the Whole may ac- Mr. Speaker, the rule before us, I be- Congress, hopefully the folks down at cord priority in recognition on the basis of lieve, is an exemplary rule, it is fair, it Treasury will finally open their eyes whether the Member offering an amendment is completely open, and I would urge has caused it to be printed in the portion of and ears to the real world. the Congressional Record designated for that its adoption. f purpose in clause 6 of rule XXIII. Amend- Mr. Speaker, I reserve the balance of ments so printed shall be considered as read. my time. JOIN IN COSPONSORING H.R. 14 At the conclusion of consideration of the bill Ms. SLAUGHTER. Mr. Speaker, I (Mr. DREIER asked and was given for amendment the Committee shall rise and yield myself such time as I may permission to address the House for 1 report the bill to the House with such consume. amendments as may have been adopted. Any minute and to revise and extend his re- Mr. Speaker, I thank the gentleman Member may demand a separate vote in the from Florida for yielding the cus- marks.) House on any amendment adopted in the Mr. DREIER. Mr. Speaker, I rise to tomary 30 minutes. Committee of the Whole to the bill or to the Mr. Speaker, I support this open rule once again encourage my colleagues to committee amendment in the nature of a join as cosponsors of H.R. 14, the bill substitute. The previous question shall be which will allow us to consider H.R. that a number of Democrats and Re- considered as ordered on the bill and amend- 1247, the National Institute of Stand- publicans introduced on the opening ments thereto to final passage without inter- ards and Technology Act. NIST, as it is day, to put 14 percent as the top rate vening motion except one motion to recom- called is an essential institution be- mit with or without instructions. on capital gains. My friend from New cause it works with the U.S. industries York was just talking about the ad- The SPEAKER pro tempore. (Mr. to develop and implement innovative ministration’s opposition to dealing BURTON of Indiana). The gentleman technologies and electronics, super- with our attempt to repeal the death from Florida [Mr. DIAZ-BALART] is rec- computers, and microwave communica- tax. I am happy to say on capital gains, ognized for 1 hour. tions for other agencies and private Mr. DIAZ-BALART. Mr. Speaker, for the job creation and savings encourage- business. the purposes of debate only, I yield the H.R. 1274 includes two important pro- ment measure, that we have an indica- customary 30 minutes to the gentle- grams which are not funded in last tion of some support coming from the woman from New York [Ms. SLAUGH- year’s bill: the advanced technology White House. TER], pending which I yield myself such program, ATP, and the manufacturing I hope very much that we can move time as I may consume. During consid- extension partnership. ATP encourages beyond our 130-plus Democrats and Re- eration of this resolution, Mr. Speaker, public-private cooperation in the devel- publicans as cosponsors because reduc- all time yielded is for the purpose of opment of technologies with broad ap- ing the top rate on capital gains will debate only. plication across industries. In my own clearly create jobs, increase the flow of Mr. Speaker, House Resolution 127 is district in upstate New York, ATP revenues to the Federal Treasury, and an open rule providing for the consider- funds allow businesses like TROPEL by $1,500 a year increase the take-home ation of H.R. 1274, the National Insti- Corp. and Eastman Kodak to produce pay for working Americans. Reducing tute of Standards Technology Author- new technologies that benefit our en- the top rate on capital is in fact a fam- ization Act of 1997. The purpose of the tire Nation. While I might have hoped ily, permanent family tax cut, and I legislation is to authorize appropria- for an authorization level closer to the hope everyone will join in cosponsoring tions for the National Institute of President’s request, I am encouraged H.R. 14. Standards and Technology for fiscal that this year’s bill does authorize f years 1998 and 1999. House Resolution ATP. 127 waives points of order against the PROVIDING FOR CONSIDERATION High technology of Rochester and an- consideration of the bill for failure to OF H.R. 1274, NATIONAL INSTI- other countless projects benefit from comply with the 3 day availability of TUTE OF STANDARDS AND TECH- NIST’s manufacturing extension pro- committee reports rule. In addition the NOLOGY AUTHORIZATION ACT OF gram. This program helps small- and rule provides for 1 hour of general de- 1997 medium-sized manufacturing compa- bate, to be equally divided and con- nies to utilize the technologies devel- Mr. DIAZ-BALART. Mr. Speaker, by trolled by the chairman and ranking oped under the auspices of NIST. Man- direction of the Committee on Rules, I minority member of the Committee on ufacturing extension partnerships ben- call up House Resolution 127 and ask Science. efit all 50 States and Puerto Rico. for its immediate consideration. After general debate, it shall be in I encourage my colleagues to support The Clerk read the resolution, as fol- order to consider as an original bill for this bill which will continue authoriza- lows: the purpose of amendment under the 5- tion for the NIST, the Nation’s oldest H. RES. 127 minute rule the amendment in the na- Federal laboratory. I hope they will Resolved, That at any time after the adop- ture of a substitute recommended by join me in supporting this open rule. tion of this resolution the Speaker may, pur- the Committee on Science now printed Mr. Speaker, I reserve the balance of suant to clause 1(b) of rule XXIII, declare the in the bill. Each section shall be con- my time. House resolved into the Committee of the sidered as read. Further, the Chair Mr. DIAZ-BALART. Mr. Speaker, I Whole House on the State of the Union for would be authorized to grant priority have no further speakers on the rule. consideration of the bill (H.R. 1274) to au- in recognition to Members who have Ms. SLAUGHTER. Mr. Speaker, I thorize appropriations for the National Insti- tute of Standards and Technology for fiscal preprinted their amendments in the have no speakers, and I yield back the years 1998 and 1999, and for other purposes. CONGRESSIONAL RECORD, and the rule balance of my time. The first reading of the bill shall be dis- provides for one motion to recommit, Mr. DIAZ-BALART. Mr. Speaker, I pensed with. Points of order against consid- with or without instructions. yield back the balance of my time, and H1802 CONGRESSIONAL RECORD — HOUSE April 24, 1997 I move the previous question on the The purpose of this legislation is to au- PROVIDING FOR CONSIDERATION resolution. thorize the activities of the National OF H.R. 1275, CIVILIAN SPACE AU- The previous question was ordered. Science Foundation for the fiscal years THORIZATION ACT, FISCAL The resolution was agreed to. 1998 and 1999. House Resolution 126 pro- YEARS 1998 AND 1999 A motion to reconsider was laid on vides for 1 hour of general debate, to be Mr. MCINNIS. Mr. Speaker, by direc- the table. equally divided and controlled by the tion of the Committee on Rules, I call f chairman and ranking minority mem- up House Resolution 128 and ask for its ber of the Committee on Science. After immediate consideration. PROVIDING FOR CONSIDERATION general debate, it shall be in order to The Clerk read the resolution, as fol- OF H.R. 1273, NATIONAL SCIENCE consider as an original bill for purpose lows: FOUNDATION AUTHORIZATION of amendment under the 5-minute rule H. RES. 128 ACT OF 1997 the amendment in the nature of a sub- Resolved, That at any time after the adop- Mr. DIAZ-BALART. Mr. Speaker, by stitute recommended by the Commit- tion of this resolution the Speaker may, pur- direction of the Committee on Rules, I tee on Science now printed in the bill. suant to clause 1(b) of rule XXIII, declare the call up House Resolution 126 and ask Each title shall be considered as read. House resolved into the Committee of the Further, the Chair will be authorized Whole House on the State of the Union for for its immediate consideration. consideration of the bill (H.R. 1275) to au- The Clerk read the resolution, as fol- to grant priority in recognition to thorize appropriations for the National Aero- lows: Members who have pre-printed their nautics and Space Administration for fiscal H. RES. 126 amendments in the CONGRESSIONAL years 1998 and 1999, and for other purposes. The first reading of the bill shall be dis- Resolved, That at any time after the adop- RECORD, and the rule provides for one pensed with. Points of order against consid- tion of this resolution the Speaker may, pur- motion to recommit with or without eration of the bill for failure to comply with suant to clause 1(b) of rule XXIII, declare the instructions. clause 2(l)(6) of rule XI are waived. General House resolved into the Committee of the As is well known, Mr. Speaker, the debate shall be confined to the bill and shall Whole House on the State of the Union for National Science Foundation funds re- not exceed one hour equally divided and con- consideration of the bill (H.R. 1273) to au- search and education activities in all trolled by the chairman and ranking minor- thorize appropriations for fiscal years 1998 fields of science and engineering at col- ity member of the Committee on Science. and 1999 for the National Science Founda- After general debate the bill shall be consid- tion, and for other purposes. The first read- leges and universities throughout the ered for amendment under the five-minute ing of the bill shall be dispensed with. Gen- United States, and, Mr. Speaker, simi- rule. It shall be in order to consider as an eral debate shall be confined to the bill and lar to the previous rule, the rule that we just adopted, this rule, 126, is open, original bill for the purpose of amendment shall not exceed one hour equally divided under the five-minute rule the amendment and controlled by the chairman and ranking and I urge its adoption. in the nature of a substitute recommended minority member of the Committee on Mr. Speaker, I reserve the balance of by the Committee on Science now printed in Science. After general debate the bill shall my time. the bill. The committee amendment in the be considered for amendment under the five- Ms. SLAUGHTER. Mr. Speaker, I nature of a substitute shall be considered by minute rule. It shall be in order to consider title rather than by section. Each title shall as an original bill for the purpose of amend- yield myself such time as I may consume. be considered as read. During consideration ment under the five-minute rule the amend- of the bill for amendment, the Chairman of ment in the nature of a substitute rec- Mr. Speaker, I support this open rule the Committee of the Whole may accord pri- ommended by the Committee on Science now that will allow us to consider H.R. 1273, ority in recognition on the basis of whether printed in the bill. The committee amend- the National Science Foundation Au- the Member offering an amendment has ment in the nature of a substitute shall be thorization Act. The National Science caused it to be printed in the portion of the considered by title rather than by section. Congressional Record designated for that Each title shall be considered as read. Dur- Foundation contributes to the advancement of biological sciences, geo- purpose in clause 6 of rule XXIII. Amend- ing consideration of the bill for amendment, ments so printed shall be considered as read. the Chairman of the Committee of the Whole sciences, mathematical and physical sciences, as well as scientific research At the conclusion of consideration of the bill may accord priority in recognition on the for amendment the Committee shall rise and basis of whether the Member offering an and educational programs. In my own report the bill to the House with such amendment has caused it to be printed in the district of Rochester, NY, last year the amendments as may have been adopted. Any portion of the Congressional Record des- NSF awarded $13 million in grants to Member may demand a separate vote in the ignated for that purpose in clause 6 of rule support both basic and scientific re- House on any amendment adopted in the XXIII. Amendments so printed shall be con- Committee of the Whole to the bill or to the sidered as read. At the conclusion of consid- search and high-tech development. Ninety-six NSF grants enabled sci- committee amendment in the nature of a eration of the bill for amendment the Com- substitute. The previous question shall be mittee shall rise and report the bill to the entists in my district to pursue critical work and optical science and engineer- considered as ordered on the bill and amend- House with such amendments as may have ments thereto to final passage without inter- been adopted. Any Member may demand a ing, advanced manufacturing tech- vening motion except one motion to recom- separate vote in the House on any amend- nologies and virtual reality programs mit with or without instructions. ment adopted in the Committee of the Whole which can replace the real world in The SPEAKER pro tempore [Mr. to the bill or to the committee amendment testing and debugging a system. in the nature of a substitute. The previous DUNCAN]. The gentleman from Colorado question shall be considered as ordered on [Mr. MCINNIS] is recognized for 1 hour. the bill and amendments thereto to final b 1045 Mr. MCINNIS. Mr. Speaker, for the passage without intervening motion except purposes of debate only, I yield the cus- The NSF is the foundation for the one motion to recommit with or without in- tomary 30 minutes to the gentleman countless scientific and technological structions. from Ohio [Mr. HALL], pending which I advances that enable us to compete in The SPEAKER pro tempore. The gen- yield myself such time as I may the global economy. tleman from Florida [Mr. DIAZ- consume. During the consideration of We should pass this bill, which pro- BALART] is recognized for 1 hour. this resolution, all time yielded is for vides continued funding for the NSF. I Mr. DIAZ-BALART. Mr. Speaker, for the purposes of debate only. the purposes of debate only, I yield the urge my colleagues to support this Mr. Speaker, this is a very simple customary 30 minutes to the gentle- open rule. resolution. The proposed rule is an woman from New York [Ms. SLAUGH- Mr. Speaker, I yield back the balance open rule providing for 1 hour of gen- TER] pending which I yield myself such of my time. eral debate equally divided and con- time as I may consume. During consid- Mr. DIAZ-BALART. Mr. Speaker, I trolled by the chairman and ranking eration of this resolution, all time yield back the balance of my time, and member of the Committee on Science. yielded is for the purpose of debate I move the previous question on the The resolution waives points of order only. resolution. against consideration of the bill for Mr. Speaker, House Resolution 126 is The previous question was ordered. failure to comply with clause 2(L)(6) of an open rule providing for the consider- The resolution was agreed to. rule XI. After general debate, the bill ation of House Resolution 1273, the Na- A motion to reconsider was laid on shall be considered for amendment tional Science Foundation Act of 1997. the table. under the 5-minute rule. Furthermore, April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1803 it shall be in order to consider as an clause in the House rules requiring 3- passage without intervening motion except original bill for the purpose of amend- day availability for committee reports. one motion to recommit with or without in- ment under the 5-minute rule the However, given the open process and structions. amendment in the nature of a sub- bipartisan support behind this bill, the The SPEAKER pro tempore (Mrs. stitute recommended by the Commit- Committee on Rules did not consider MORELLA). The gentleman from Geor- tee on Science now printed in the bill. this a problem. The Committee on gia [Mr. LINDER] is recognized for 1 Additionally, Mr. Speaker, House Rules approves this open rule unani- hour. Resolution 128 provides that the com- mously by a voice vote, and I would Mr. LINDER. Madam Speaker, for mittee amendment in the nature of a urge adoption of the open rule and the the purposes of debate only, I yield the substitute shall be considered by title bill. customary 30 minutes to the gen- rather than by section. Moreover, the Mr. Speaker, I yield back the balance tleman from Texas [Mr. FROST], pend- rule provides that the Chair may ac- of my time. ing which I yield myself such time as I cord priority recognition to Members Mr. MCINNIS. Mr. Speaker, I yield may consume. During consideration of who have preprinted their amendments back the balance of my time, and I this resolution, all time yielded is for in the CONGRESSIONAL RECORD. move the previous question. the purpose of debate only. Mr. Speaker, at the conclusion of the The previous question was ordered. Madam Speaker, House Resolution consideration of the bill for amend- The resolution was agreed to. 125 is an open rule providing for consid- ment, the Committee shall rise and re- A motion to reconsider was laid on eration of H.R. 1271, the Federal Avia- port the bill to the House with such the table. tion Administration Research Engi- amendments as may have been adopt- f neering and Development Authoriza- ed. Finally, Mr. Speaker, the rule pro- tion Act of 1997. This rule provides for vides one motion to recommit with or PROVIDING FOR CONSIDERATION 1 hour of general debate, divided equal- without instructions. OF H.R. 1271, FAA RESEARCH, EN- ly between the chairman and the rank- Mr. Speaker, under the proposed rule, GINEERING, AND DEVELOPMENT ing minority of the Committee on each Member has an opportunity to AUTHORIZATION ACT OF 1997 Science. The rule also waives points of have their concerns addressed, debated, Mr. LINDER. Madam Speaker, by the order against consideration of the bill and ultimately voted up or down by direction of the Committee on Rules, I for failure to comply with section 306 this body. House Resolution 128 was recall up House Resolution 125 and ask of the Congressional Budget Act of ported out of the Committee on Rules for its immediate consideration. 1997. by a voice vote. The Clerk read the resolution, as fol- Madam Speaker, House Resolution Mr. Speaker, the underlying legisla- lows: 125 makes in order the Committee on tion, H.R. 1275, the Civilian Space Au- H. RES. 125 Science amendment in the nature of a thorization Act for fiscal years 1998 and Resolved, That at any time after the adop- substitute as an original bill for the 1999 is a bipartisan compromise that tion of this resolution the Speaker may, pur- purpose of amendment, with each sec- keeps the Nation’s civilian space pro- suant to clause 1(b) of rule XXIII, declare the tion being considered as read. The rule gram on course. House resolved into the Committee of the waives points of order against the com- Mr. Speaker, I urge my colleagues to Whole House on the State of the Union for mittee amendment in the nature of a support the rule and the underlying consideration of the bill (H.R. 1271) to au- substitute for failure to comply with legislation. thorize the Federal Aviation Administra- section 306 of the Congressional Budget Mr. Speaker, I reserve the balance of tion’s research, engineering, and develop- Act of 1974. ment programs for fiscal years 1998 through Madam Speaker, this rule continues my time. 2000, and for other purposes. The first read- Mr. HALL of Ohio. Mr. Speaker, I ing of the bill shall be dispensed with. Points an approach that has been used effec- yield myself such time as I may of order against consideration of the bill for tively in recent Congresses by accord- consume. failure to comply with section 306 of the Con- ing priority and recognition to Mem- Mr. Speaker, I want to thank my col- gressional Budget Act of 1974 are waived. bers who have preprinted their amend- league, the gentleman from Colorado General debate shall be confined to the bill ments in the CONGRESSIONAL RECORD. [Mr. MCINNIS] for yielding me this and shall not exceed one hour equally di- The rule does not require preprinting time. This is an open rule which will vided and controlled by the chairman and but simply encourages Members to allow full and fair debate on H.R. 1275. ranking minority member of the Committee take advantage of the option in order on Science. After general debate the bill This is a bill to reauthorize the Na- shall be considered for amendment under the to facilitate consideration of amend- tional Aeronautics and Space Adminis- five-minute rule. It shall be in order to con- ments on the floor and to inform Mem- tration for fiscal years 1998 and 1999. sider as an original bill for the purpose of bers of the details of pending amend- This bill is important to a lot of peo- amendment under the five-minute rule the ments. ple, especially to my colleagues in the amendment in the nature of a substitute rec- Finally, House Resolution 125 pro- State of Ohio. My district is the home ommended by the Committee on Science now vides for one motion to recommit, with of the Wright Brothers and the birth- printed in the bill. Each section of the com- or without instructions, as is the right place of aviation, so Ohio is one of the mittee amendment in the nature of a sub- of the minority Members of the House. stitute shall be considered as read. Points of top States for aerospace research order against the committee amendment in Madam Speaker, this is a standard through Wright-Patterson Air Force the nature of a substitute for failure to com- open rule, and the Committee on Rules Base in Dayton and NASA Lewis Re- ply with section 306 of the Congressional has assured all Members who wish to search Center in Cleveland. Budget Act of 1974 are waived. During con- modify the bill through the amend- The aerospace industry is estimated sideration of the bill for amendment, the ment process that they have every op- to employ nearly 300,000 workers in the Chairman of the Committee of the Whole portunity to offer their amendments. State of Ohio and contributes nearly may accord priority in recognition on the Briefly, this legislation authorizes $23 billion to the total economy of the basis of whether the Member offering an the Federal Aviation Administration’s amendment has caused it to be printed in the research, engineering and development State. portion of the Congressional Record des- As my colleague from Colorado [Mr. ignated for that purpose in clause 6 of rule programs for fiscal years 1998 through MCINNIS] has described, this rule pro- XXIII. Amendments so printed shall be con- 2000. The bill provides important fund- vides 1 hour of general debate equally sidered as read. At the conclusion of consid- ing to enhance computer and informa- divided and controlled by the chairman eration of the bill for amendment the Com- tion systems security for air traffic and ranking minority member of the mittee shall rise and report the bill to the management to prioritize weather re- Committee on Science. House with such amendments as may have search projects and reduce delays in Under the rule, amendments will be been adopted. Any Member may demand a aircraft accidents and to develop new allowed under the 5-minute rule, the separate vote in the House on any amend- technologies that will ensure air safe- ment adopted in the Committee of the Whole normal amending process in the House. to the bill or to the committee amendment ty. All Members on both sides will have a in the nature of a substitute. The previous I want to commend the gentleman chance and an opportunity to offer question shall be considered as ordered on from Wisconsin [Mr. SENSENBRENNER], amendments. The rule does waive the the bill and amendments thereto to final the chairman of the Committee on H1804 CONGRESSIONAL RECORD — HOUSE April 24, 1997 Science, for crafting legislation that REMOVAL OF NAME OF MEMBER lion or 16 percent below the adminis- will ensure the preservation and secu- AS COSPONSOR OF H.R. 1031 tration’s projected budget. rity of the national aerospace system Mr. FROST. Madam Speaker, I ask While spending less than the admin- as we work to meet the increased air unanimous consent that my name be istration requested, the bill manages to traffic demands that are expected in removed as a cosponsor of H.R. 1031. do more. In authorizing NIST pro- the next century. The SPEAKER pro tempore [Mrs. grams, the bill prioritizes funding for H.R. 1271 was favorably reported out MORELLA]. Is there objection to the re- NIST laboratory functions, increasing of the Committee on Science, as was quest of the gentleman from Texas? their funding by 5 percent for fiscal the open rule by the Committee on There was no objection. 1998 and 3 percent for fiscal 1999, while Rules. I urge my colleagues to support f reducing funding for lower priority pro- the rule so that we may proceed with grams such as the advanced technology general debate in consideration of the NATIONAL INSTITUTE OF STAND- program, and providing no funding for merits of this very important bill. ARDS AND TECHNOLOGY AU- new administration initiatives such as Madam Speaker, I reserve the bal- THORIZATION ACT OF 1997 the experimental program to stimulate ance of my time. competitive technology, or EPSCOT, Mr. FROST. Madam Speaker, I yield The SPEAKER pro tempore. Pursu- for short. myself such time as I may consume. ant to House Resolution 127 and rule Madam Speaker, I rise in support of XXIII, the Chair declares the House in Specifically, the bill authorizes $278.6 this open rule and I rise in support of the Committee of the Whole House on million for NIST laboratory activities H.R. 1271, the Federal Aviation Admin- the State of the Union for the consider- in fiscal 1998 and $286.9 million in fiscal istration Research, Engineering and ation of the bill, H.R. 1274. 1999. The NIST laboratories have been Development Authorization. called the crown jewel of the Tech- b 1101 Madam Speaker, the Committee on nology Administration, and H.R. 1274 Science is to be commended for sending IN THE COMMITTEE OF THE WHOLE will help ensure that they have suffi- this legislation to the full House for its Accordingly the House resolved itself cient funding to continue their vital consideration. This bill, along with the into the Committee of the Whole House work of safeguarding the accuracy of others the House will consider today, on the State of the Union for the con- standards necessary for domestic and are examples of what can happen when sideration of the bill (H.R. 1274) to au- international commerce. a committee sits down to do its work thorize appropriations for the National H.R. 1274 includes $117.8 million for and includes all of its members, major- Institute of Standards and Technology the manufacturing extension program ity as well as minority, in its delibera- for fiscal years 1998 and 1999, and for in fiscal 1998 and $111.3 million in fiscal tions. Reauthorization of the research other purposes, with Mr. DUNCAN in the 1999. These totals will allow for full and engineering activities of the Fed- chair. funding of all 75 existing MEP centers eral Aviation Administration is an im- The Clerk read the title of the bill. and will cover the administrative costs portant matter to all Americans and The CHAIRMAN. Pursuant to the associated with running the program. especially to the flying public. rule, the bill is considered as having The bill also reforms and authorizes This legislation enhances the activi- been read the first time. reduced funding for ATP in fiscal 1998 ties of the FAA in four important Under the rule, the gentleman from and fiscal 1999. ATP is authorized at areas: Capacity and air traffic manage- Wisconsin [Mr. SENSENBRENNER] and $185 million in 1998 and $150 million in ment, weather, environment and en- the gentleman from Tennessee [Mr. fiscal 1999. These levels represent de- ergy, and innovation and cooperative GORDON] each will control 30 minutes. creases of $40 million and $75 million, research. The Science Committee has The Chair recognizes the gentleman respectively, from the fiscal year 1997 recommended funding priorities for the from Wisconsin [Mr. SENSENBRENNER]. appropriated total of $225 million. The FAA in the next 2 fiscal years, and the Mr. SENSENBRENNER. Mr. Chair- bill further reforms the program’s open rule recommended by the Com- man, I yield myself such time as I may match requirements, requiring a 60 permittee on Rules will allow the House to consume. cent match from all joint venture fully debate these priorities and the ap- (Mr. SENSENBRENNER asked and grant recipients and non-small busi- propriate levels of funding. was given permission to revise and ex- ness single awardees. Madam Speaker, this legislation re- tend his remarks.) To ensure that ATP grants are not flects what the real work of the Con- Mr. SENSENBRENNER. Mr. Chair- gress is all about: Taking care of the simply displacing private capital, the man, I rise today to present H.R. 1274, bill also contains language requiring a Nation’s business. H.R. 1271 is not a bill the National Institute of Standards which will grab headlines or make bold review of ATP applications to ensure and Technology Authorization Act of that an ATP grant is actually required political statements. Instead, it is leg- 1997. islation which reviews and renews the in order to enable the project to go for- I would like to thank and congratu- ward. activities of the Federal Government, late the subcommittee chairwoman, upon which the people of this country the gentlewoman from Maryland [Mrs. Finally, the bill authorizes funding for NIST critical maintenance and con- depend to ensure their safety. MORELLA] and the ranking member, The committee system has been used the gentleman from Tennessee [Mr. struction needs for fiscal 1998 and fiscal 1999. In order to ensure that construc- to its best advantage because of the co- GORDON] for crafting such a fine bill. operative spirit demonstrated by the H.R. 1274 authorizes all the programs tion funding is used in the most appro- gentleman from Wisconsin [Mr. SEN- under the Technology Administration priate manner, H.R. 1274 includes a cer- SENBRENNER], the chairman, and by the in the Department of Commerce that tification requirement precluding the gentleman from California [Mr. require appropriations for fiscal years Department from obligating any BROWN], his ranking member. I com- 1998 and 1999. The Technology Adminis- money to new construction unless it mend them as well as the other mem- tration includes the Office of the Under meets the requirements of NIST’s new bers of the Committee on Science. Secretary and the Office of Technology facilities plan. b 1100 Policy in NIST, which is responsible Accordingly, the authorization language includes provisions to reduce sci- Mr. FROST. Madam Speaker, I yield for the vast majority of programs that entific research earmarks, to require back the balance of my time. make up the Technology Administra- the Committee on Science to receive Mr. LINDER. Madam Speaker, I yield tion. notice of any reprogramming of NIST back the balance of my time, and I Mr. Chairman, H.R. 1274 is a fiscally funds, and to express the sense of Con- move the previous question on the res- responsible bill. It authorizes $609 mil- gress that NIST should address the olution. lion for fiscal 1998, a decrease of over The previous question was ordered. $92 million, or 13 percent from the ad- year 2000 computer date field program. The resolution was agreed to. ministration’s request. Mr. Chairman, H.R. 1274 is a sound A motion to reconsider was laid on In fiscal year 1999 the bill authorizes bill. It is fiscally responsible, and will the table. a total of $628 million, again $116 mil- help ensure that NIST programs, which April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1805 are some of our Nation’s most impor- the ranking members of both the full H.R. 1274 also authorizes funding for tant technology research and develop- committee and the Subcommittee on NIST’s most critical maintenance and ment programs, receive the funding Technology, as well as the gentleman construction needs. The bill includes they require during the next 2 fiscal from Michigan [Mr. EHLERS], the gen- $16.7 million in fiscal year 1998 and $67 years. tleman from Virginia [Mr. DAVIS], and million in fiscal year 1999 for construc- I encourage all my colleagues to join the gentlewoman from Texas [Ms. tion and maintenance of NIST facili- me in supporting the National Insti- JACKSON-LEE], all distinguished mem- ties. tute of Science and Technology Au- bers of the Committee on Science. The funding is sufficient to cover the thorization Act of 1997. NIST is the Nation’s oldest Federal administration’s request for mainte- Mr. Chairman, I reserve the balance laboratory. It was established by Con- nance in fiscal year 1998 and fiscal year of my time. gress in 1901 as the National Bureau of 1999, and it includes $50 million in fis- Mr. GORDON. Mr. Chairman, I yield Standards, and subsequently renamed cal year 1999 for NIST’s top new facil- myself such time as I may consume. NIST. ity priority, the Advanced Metrology Mr. Chairman, I rise in support of As a part of the Department of Com- Laboratory. In order to ensure that the H.R. 1274, the National Institute of merce, NIST’s mission is to promote construction funding is used in the Standards and Technology Authoriza- economic growth by working with in- most appropriate fashion, H.R. 1274 in- tion Act of 1997. This bill authorizes all dustry to develop and apply tech- cludes the certification requirement the programs in the Technology Ad- nology, measurements and standards. precluding the Department from obli- ministration, including the programs As the Nation’s arbiter of standards, gating any money to new construction of the National Institute of Standards NIST enables our Nation’s businesses unless it meets the requirements of and Technology. to engage each other in commerce and NIST’s new facilities plan. H.R. 1274 represents bipartisan agree- participate in the global marketplace. In order to help offset these increase, The precise measurements required ment on a sensible U.S. science and the bill reduces funding for lower-pri- for establishing standards associated technology policy. As Chairman SEN- ority programs at NIST, and in the with today’s increasingly complex SENBRENNER stated, the bill before us Technology Administration. technologies require NIST’s labora- today represents a number of changes Therefore, the bill includes a reduc- tories to maintain the most sophisti- to H.R. 1274 as introduced. I want to tion of $40 million and $75 million to cated equipment and the most talented thank the chairman, the gentleman the Advanced Technology Program in scientists in the world. To date, NIST from Wisconsin [Mr. SENSENBRENNER] fiscal years 1998 and 1999, respectively. and the gentlewoman from Maryland has succeeded, and the science conducted by the Institute is a vital com- While I support the ATP program, I be- [Mrs. MORELLA] for working with us to lieve H.R. 1274’s authorizations of $185 resolve some of our concerns. ponent of the Nation’s civilian research and technology development base. million in fiscal year 1998 and $150 mil- My remaining reservation about H.R. lion in fiscal year 1999 are sufficient for 1274 centers around the funding level H.R. 1274 authorizes $609 million for fiscal year 1998 and $628 million for fis- the program. for the Advanced Technology Program. cal year 1999 for the Technology Ad- H.R. 1274 also does not authorize The funding level allows only for a ministration. NIST’s programs account funding for the $1.7 million Experi- modest number of new awards to be for all but $7 million of that total in mental Program to Stimulate Com- made in 1998, and allows for no new fiscal year 1998. petitive Technology, called EPSCOT, awards in 1999. Both authorization lev- The care of NIST’s functions are con- and the $350,000 program in support of els represent significant cuts below the ducted by NIST’s laboratories. The bill the administration’s foreign policy. fiscal year 1996 and fiscal year 1997 ap- prioritizes these functions, increasing Along with funding NIST’s labora- propriated levels. One of the criticisms their funding by 5 percent in fiscal year tories, H.R. 1274 also authorizes full of the ATP has been the lack of thor- 1998 and 3 percent in fiscal year 1999. funding of all 75 existing Manufactur- ough evaluation of the program. I The increases will ensure that the lab- ing Extension Partnership Centers and would like to point out that this is a oratories have sufficient funding to the administrative costs that are asso- relatively new program, and only 42 maintain the high quality of their ciated with running the program for projects have been completed. work, while expanding their services in the next 2 years. In addition, the ATP has not had sta- three areas. The bill also authorizes $4.1 million ble funding. As a result, we do not have First of all, the bill includes a $2.5 in fiscal year 1998 and $5.3 million in the hard data needed to evaluate this million increase in the 1998 budget fiscal year 1999 for the Malcolm program objectively and rationally. from the levels recommended by the Baldrige National Quality Program. With this reservation, I support H.R. administration for the physics program These totals will allow for the pro- 1274, which moves overall U.S. policy in to support reengineering measurement gram’s expansion into education and the right direction. I urge my col- services to simplify the delivery of health care over the next 2 years. leagues to support this bill, as well. measurement assurance at the point of Finally, the bill contains a number of Mr. Chairman, I reserve the balance use. This initiative should increase the good Government provisions, including of my time. accuracy and lower the cost of calibra- a sense of Congress on the year 2000 Mr. SENSENBRENNER. Mr. Chair- tion for the end users of NIST stand- computer problem. As a strong pro- man, I yield such time as she may ards. ponent of addressing this impending consume to the gentlewoman from Second, H.R. 1274 authorizes an addi- crisis, I am pleased that this provision Maryland [Mrs. MORELLA], who is the tional $4 million for fiscal year 1998 for has not only been included in the NIST chair of the subcommittee. the Computer Science and Applied authorization bill, but all of the Com- Mrs. MORELLA. Mr. Chairman, I Mathematics Program to augment mittee on Science’s authorizations. thank the chairman of the full Com- NIST work in the field of computer se- I am hopeful that with continued mittee on Science for yielding the time curity. The increase is intended to en- pressure from the Committee on to me, and for the leadership that he able NIST, through its programs, to Science and from Congress, the admin- has shown and that the gentleman improve computer security throughout istration will fix the problem before it from California [Mr. BROWN] as ranking the Federal Government. is too late. member has shown on that committee. Third, the bill includes a half million I rise today in support of H.R. 1274, dollar increase in fiscal year 1998 from b the National Institute of Standards the levels recommended by the admin- 1115 and Technology Authorization Act of istration for the Technical Assistance Mr. Chairman, H.R. 1274 is both fis- 1997, legislation that I introduced on Program to support improving meas- cally responsible and scientifically April 10 of this year. The bill is, as has urement standards to facilitate inter- sound. It will help NIST remain the been mentioned, truly bipartisan. It national trade and provide additional world’s foremost scientific research in- has been cosponsored by the gentleman funding to implement the National stitution for the establishment of from California [Mr. BROWN], the gen- Technology Transfer and Advancement standards and the development of new tleman from Tennessee [Mr. GORDON], Act of 1995. technologies. H1806 CONGRESSIONAL RECORD — HOUSE April 24, 1997 I encourage all my colleagues to join say I am a strong believer in research and de- carryovers have swollen year to year. Last me in supporting the National Insti- velopment. My own explosives manufacturing year, ATP carried over $168 million. And now tute of Standards and Technology Au- business stems from my father's research into we want to give ATP $40 million more? thorization Act of 1997. ammonium nitrate. After considerable research Ladies and gentlemen, when some politi- Again, my appreciation to the chair- and development of new, safe, low-cost explo- cians tell me we can't balance our Federal man of the full committee, the gen- sives, two successful companies were found- budget, I want to point to programs like ATP. tleman from Wisconsin [Mr. SENSEN- ed that to this day provide hundreds of jobs to If we want to get our Federal spending BRENNER], and the ranking member, people in Utah and other States. under control, let's start here. If we have any the gentleman from California [Mr. Research and development is the backbone regard at all for how hard our constituents BROWN], my ranking member, the gen- of competitive enterprise. But I do not believe work for their money, we can't throw $40 mil- tleman from Tennessee [Mr. GORDON] that the Advanced Technology Program is the lion more of their hard-won dollars away on of the Subcommittee on Technology best way to encourage corporate research and this program. If we are serious about getting and the members. development. This program has some trou- a bloated Federal budget under control, we I also want to offer accolades to the bling flaws. I think it would be irresponsible to will reject this amendment. Mr. Chairman, I staff who worked very hard on this give $40 million more to a program that has yield back the remainder of my time. inch by inch: on our side, Richard Rus- the problems ATP has. Mr. GORDON. Mr. Chairman, I have sell and Ben Wu; on the minority side, Let me give you an example of one prob- no further requests for time, and I Mike Quear and Jim Turner. lem. ATP is designed to fund long-term, high- yield back the balance of my time. Mr. GORDON. Mr. Chairman, I yield risk programs that would not be funded by the Mr. SENSENBRENNER. Mr. Chair- such time as he may consume to the private sector. To qualify, applicants must as- man, I have no further requests for gentleman from California [Mr. sure the Government that they could not get time, and I yield back the balance of BROWN], ranking member on the Com- funding anywhere but from the ATP. They my time. mittee on Science. make that assurance in writing. Yet, a recent The CHAIRMAN. All time for general Mr. BROWN of California. Mr. Chair- poll by the General Accounting Office of those debate has expired. man, I thank the ranking minority who received ATP funding showed that fully Pursuant to the rule, the committee member of the subcommittee, the gen- half acknowledged they could have obtained amendment in the nature of a sub- tleman from Tennessee [Mr. GORDON], funding somewhere else or would have gone stitute printed in the bill shall be con- for yielding me this time. ahead with their research without outside sidered by sections as an original bill I rise in support of H.R. 1274. I sup- funding. for the purpose of amendment. Pursu- port most of the funding provisions, al- That tells us the money isn't going to the ant to the rule, each section is consid- though I have a few reservations which projects ATP was designed to fund: Research ered as having been read. the subcommittee ranking member has projects that would never be done if it wasn't During consideration of the bill for pointed out. for ATP. amendment, the Chair may accord pri- Many of our concerns were resolved That's a serious problem. Now, the Demo- ority in recognition to a Member offer- in the manager’s amendment offered crats want to toss another $40 million of tax- ing an amendment that he has during the markup and the committee payers' hard earned money into this program preprinted in the designated place in adopted an amendment, the Boehlert- without correcting that flaw. President Clinton the CONGRESSIONAL RECORD. Those McHale amendment, which lifts the 6- would like to go farther, throwing another $275 amendments will be considered as hav- year cap on Federal support for manu- million into the ATP in the next 4 years, more ing been read. facturing extension partnership cen- than doubling the size of the program. The Clerk will designate section 1. ters, which helps to assuage some of Ladies and gentlemen, this is nothing more The text of section 1 is as follows: my problems with the bill. than corporate welfare. And not even very effi- Be it enacted by the Senate and House of Rep- There are a few additional matters cient corporate welfare, since apparently half resentatives of the United States of America in which we hope to continue to work of the companies that have received money Congress assembled, with the majority on during the fur- from ATP could have gotten the money pri- SECTION 1. SHORT TITLE. ther progress of the bill. I am confident vately. That means tens of millions of taxpayer This Act may be cited as the ‘‘National Insti- tute of Standards and Technology Authoriza- that I can safely urge my colleagues to dollarsÐmaybe hundreds of millions of dol- tion Act of 1997’’. support the bill. larsÐthat could have been spent to build The CHAIRMAN. Are there any In conclusion, let me add a word roads and improve our schools, or reduce our amendments to section 1? about the legislative progress of this Federal deficit was spent to assist companies The Clerk will designate section 2. bill. Most of my colleagues will not re- that apparently didn't need governmental as- The text of section 2 is as follows: call, but we had some problems with sistance. If we are serious about getting Fed- SEC. 2. AUTHORIZATION OF APPROPRIATIONS this bill last year. I remember them eral spending under control, that thought FOR SCIENTIFIC AND TECHNICAL very vividly because they represented a should be deeply troubling to each of us. RESEARCH AND SERVICES. situation which I felt both the process This amendment is the very thing American (a) LABORATORY ACTIVITIES.—There are au- and the results were wrong. taxpayers are sick of. The lavish, reckless cor- thorized to be appropriated to the Secretary of I only make this statement, not to porate welfare of this amendment is the kind Commerce for the Scientific and Technical Re- rehash the past, but to point out the of excess that appalls and angers our con- search and Services laboratory activities of the marked difference in process and constituents. This program has already grown National Institute of Standards and Tech- nology— tent this year and to praise the chair- 2,150 percent in just 7 years. And now the (1) $278,563,000 for fiscal year 1998, of which— man of the full committee, the gen- Democrats want to fatten it even more. If (A) $38,104,000 shall be for Electronics and tleman from Wisconsin [Mr. SENSEN- President Clinton gets his way, by 2002, fund- Electrical Engineering; BRENNER] for his spirit of cooperation ing for the ATP will be 5,000 percent greater (B) $18,925,000 shall be for Manufacturing En- with the minority, his evenhanded than it was in 1990. In 1990, Congress gave gineering; management of the committee, and for it $10 million. By 2002, President Clinton (C) $31,791,000 shall be for Chemical Science all of his other many good traits which wants it to receive half a billion dollars. If that and Technology; (D) $30,372,000 shall be for Physics; I really never suspected until I saw him isn't an example of the runaway Federal pro- (E) $50,914,000 shall be for Material Science in action as chairman during the gram frightened Americans talk about, I don't and Engineering; course of these last few months. know what is. (F) $13,404,000 shall be for Building and Fire It has been a pleasure to work with What shocks me most is that this amend- Research; him. I look forward to continuing the ment would pour tens of millions more into it (G) $47,073,000 shall be for Computer Science cooperative relationship that we have and President Clinton and the Democrats want and Applied Mathematics; had and to continue to produce the to pour hundreds of millions more dollars into (H) $19,376,000 shall be for Technical Assist- good work which I know our commit- a program that has not, from 1990 to today, ance; and (I) $28,604,000 shall be for Research Support; tee is capable of doing. been able to spend all of the money it has and Mr. COOK. Mr. Chairman, thank you for this been given. As a fiscal conservative, that (2) $286,919,890 for fiscal year 1999, of which— opportunity to share my concerns about the stuns me. In 1990, ATP carried over $9.3 mil- (A) $39,247,120 shall be for Electronics and Advanced Technology Program. First, let me lion of the $10 million it was given. Those Electrical Engineering; April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1807 (B) $19,492,750 shall be for Manufacturing En- remainder of the bill be printed in the amended by striking the period at the end of the gineering; RECORD, and open to amendment at first sentence of subsection (d)(11)(A) and in- (C) $32,744,730 shall be for Chemical Science any point. serting in lieu thereof the following: ‘‘or any and Technology; The CHAIRMAN. Is there objection other participant in a joint venture receiving fi- (D) $31,283,160 shall be for Physics; nancial assistance under this section, as agreed (E) $52,441,420 shall be for Material Science to the request of the gentleman from by the parties, notwithstanding the require- and Engineering; Wisconsin? ments of section 202 (a) and (b) of title 35, Unit- (F) $13,806,120 shall be for Building and Fire There was no objection. ed States Code.’’. Research; The text of the remainder of the com- (2) The amendment made by this subsection (G) $48,485,190 shall be for Computer Science mittee amendment in the nature of a shall be effective only with respect to assistance and Applied Mathematics; substitute is as follows: for which solicitations for proposals are made (H) $19,957,280 shall be for Technical Assist- after the date of the enactment of this Act. SEC. 5. NATIONAL INSTITUTE OF STANDARDS ance; and SEC. 6. MANUFACTURING EXTENSION PARTNER- (I) $29,462,120 shall be for Research Support. AND TECHNOLOGY ACT AMEND- MENTS. SHIP PROGRAM CENTER EXTENSION. (b) MALCOLM BALDRIGE NATIONAL QUALITY Section 25(c)(5) of the National Institute of (a) AMENDMENTS.—Section 28 of the National PROGRAM.—There are authorized to be appro- Standards and Technology Act (15 U.S.C. Institute of Standards and Technology Act (15 priated to the Secretary of Commerce for the 278k(c)(5)) is amended by striking ‘‘, which are U.S.C. 278n) is amended— Malcolm Bladrige National Quality Program designed’’ and all that follows through ‘‘oper- (1) by striking ‘‘or contracts’’ in subsection under section 17 of the Stevenson-Wydler Tech- ation of a Center.’’ and inserting in lieu thereof (b)(1)(B), and inserting in lieu thereof ‘‘con- nology Innovation Act of 1980 (15 U.S.C. ‘‘. After the sixth year, a Center may receive ad- tracts, and, subject to the last sentence of this 3711a)— ditional financial support under this section if it subsection, other transactions’’; (1) $4,134,500 for fiscal year 1998; and has received a positive evaluation through an (2) by inserting ‘‘and if the non-Federal par- (2) $5,289,000 for fiscal year 1999. independent review, under procedures estab- ticipants in the joint venture agree to pay at (c) CONSTRUCTION AND MAINTENANCE.—(1) lished by the Institute. Such an independent re- least 60 percent of the total cost of the joint ven- There are authorized to be appropriated to the view shall be required at least every two years ture during the Federal participation period Secretary of Commerce for construction and after the sixth year of operation. Funding re- under this section, which shall not exceed 5 maintenance of facilities of the National Insti- ceived for a fiscal year under this section after years,’’ in subsection (b)(1)(B) after ‘‘participa- tute of Standards and Technology— the sixth year of operation shall not exceed the tion to be appropriate,’’; (A) $16,692,000 for fiscal year 1998; and proportion of the capital and annual operating (3) by striking ‘‘(ii) provision of a minority (B) $67,000,000 for fiscal year 1999. and maintenance costs of the Center received by share of the cost of such joint ventures for up to (2) None of the funds authorized by para- the Center during its sixth year of operation.’’. graph (1)(B) for construction of facilities may be 5 years, and (iii)’’ in subsection (b)(1)(B), and SEC. 7. MALCOLM BALDRIGE QUALITY AWARD. obligated unless the Secretary of Commerce has inserting in lieu thereof ‘‘and (ii)’’; Section 17(c)(3) of the Stevenson-Wydler Tech- certified to the Committee on Science of the (4) by striking ‘‘and cooperative agreements’’ nology Innovation Act of 1980 (15 U.S.C. House of Representatives and the Committee on in subsection (b)(2), and inserting in lieu thereof 3711a(c)(3)) is amended by inserting ‘‘, unless Commerce, Science, and Transportation of the ‘‘, cooperative agreements, and, subject to the the Secretary determines that a third award is Senate that the obligation of funds is consistent last sentence of this subsection, other trans- merited and can be given at no addition cost to with a plan for meeting the facilities needs of actions’’; the Federal Government’’ after ‘‘in any year’’. the National Institute of Standards and Tech- (5) by striking ‘‘, provided that emphasis is’’ SEC. 8. NEXT GENERATION INTERNET. nology that the Secretary has transmitted to in subsection (b)(2) and inserting in lieu thereof None of the funds authorized by this Act, or those committees. ‘‘on the condition that grant recipients (other any other Act enacted before the date of the en- The CHAIRMAN. Are there any than small businesses within the meaning of the Small Business Act) provide at least 60 percent actment of this Act, may be used for the Next amendments to section 2? of the costs of the project, with emphasis’’; Generation Internet. Notwithstanding the pre- The Clerk will designate section 3. (6) by adding after subsection (b)(4) the fol- vious sentence, funds may be used for the con- The text of section 3 is as follows: lowing: tinuation of programs and activities that were funded and carried out during fiscal year 1997. SEC. 3. AUTHORIZATION OF APPROPRIATIONS ‘‘The authority under paragraph (1)(B) and FOR THE OFFICE OF THE UNDER paragraph (2) to enter into other transactions SEC. 9. LIMITATIONS. SECRETARY FOR TECHNOLOGY. (a) PROHIBITION OF LOBBYING ACTIVITIES.— shall apply only if the Secretary, acting through There are authorized to be appropriated to the None of the funds authorized by this Act shall the Director, determines that standard con- Secretary of Commerce for the activities of the be available for any activity whose purpose is to tracts, grants, or cooperative agreements are not Under Secretary for Technology and the Office influence legislation pending before the Con- feasible or appropriate, and only when other of Technology Policy— gress, except that this subsection shall not pre- transaction instruments incorporate terms and (1) $7,000,000 for fiscal year 1998; and vent officers or employees of the United States conditions that reflect the use of generally ac- (2) $7,205,000 for fiscal year 1999. or of its departments or agencies from commu- cepted commercial accounting and auditing nicating to Members of Congress on the request The CHAIRMAN. Are there any practices.’’; amendments to section 3? (7) in subsection (d)(1), by inserting ‘‘and be of any Member or to Congress, through the The Clerk will designate section 4. of a nature and scope that would not be pur- proper channels, requests for legislation or ap- The text of section 4 is as follows: sued in a timely manner without Federal assist- propriations which they deem necessary for the ance’’ after ‘‘technical merit’’; and efficient conduct of the public business. SEC. 4. AUTHORIZATION OF APPROPRIATIONS (b) LIMITATION ON APPROPRIATIONS.—No sums (8) by adding at the end the following new FOR INDUSTRY TECHNOLOGY SERV- are authorized to be appropriated to the Direc- ICES. subsections: tor of the National Institute of Standards and There are authorized to be appropriated to the ‘‘(k) Nothwithstanding subsection (b)(1)(B) Technology for fiscal years 1998 and 1999 for the Secretary of Commerce for the Industrial Tech- and subsection (d)(3), the Director may grant activities for which sums are authorized by this nology Services activities of the National Insti- extensions beyond the deadlines established Act, unless such sums are specifically author- tute of Standards and Technology— under those provisions for joint venture and sin- ized to be appropriated by this Act. (1) $302,900,000 for fiscal year 1998, of which— gle applicant awardees to expend Federal funds (c) ELIGIBILITY FOR AWARDS.— (A) $185,100,000 shall be for the Advanced to complete their projects, if such extension may (1) IN GENERAL.—The Director of the National Technology Program under section 28 of the Na- be granted with no additional cost to the Fed- Institute of Standards and Technology shall ex- tional Institute of Standards and Technology eral Government and it is in the Federal Gov- clude from consideration for grant agreements Act (15 U.S.C. 278n); and ernment’s interest to do so. made by the Institute after fiscal year 1997 any (B) $117,800,000 shall be for the Manufactur- ‘‘(l) The Secretary, acting through the Direc- person who received funds, other than those de- ing Extension Partnerships program under sector, may vest title to tangible personal property scribed in paragraph (2), appropriated for a fis- tions 25 and 26 of the National Institute of in any recipient of financial assistance under cal year after fiscal year 1997, under a grant Standards and Technology Act (15 U.S.C. 278k this section if— agreement from any Federal funding source for and 278l); and ‘‘(1) the property is purchased with funds pro- a project that was not subjected to a competi- (2) $261,300,000 for fiscal year 1999, of which— vided under this section; and tive, merit-based award process. Any exclusion (A) $150,000,000 shall be for the Advanced ‘‘(2) the Secretary, acting through the Direc- Technology Program under section 28 of the Na- from consideration pursuant to this subsection tor, determines that the vesting of such property shall be effective for a period of 5 years after the tional Institute of Standards and Technology furthers the objectives of the Institute. Act (15 U.S.C. 278n); and person receives such Federal funds. Vesting under this subsection shall be subject to (2) EXCEPTION.—Paragraph (1) shall not (B) $111,300,000 shall be for the Manufactur- such limitations as are prescribed by the Sec- apply to the receipt of Federal funds by a per- ing Extension Partnerships program under secretary, acting through the Director, and shall be son due to the membership of that person in a tion 5 and 26 of the National Institute of Stand- made without further obligation to the United class specified by law for which assistance is ards and Technology Act (15 U.S.C. 278k and States Government.’’. awarded to members of the class according to a 278l). (b) ADDITIONAL AMENDMENTS.—(1) Section 28 formula provided by law. Mr. SENSENBRENNER. Mr. Chair- of the National Institute of Standards and (3) DEFINITION.—For purposes of this sub- man, I ask unanimous consent that the Technology Act (15 U.S.C. 278n) is further section, the term ‘‘grant agreement’’ means a H1808 CONGRESSIONAL RECORD — HOUSE April 24, 1997 legal instrument whose principal purpose is to Whole House on the State of the Union, engineering annually. It does this transfer a thing of value to the recipient to reported that that Committee, having through grants and cooperative agree- carry out a public purpose of support or stimu- had under consideration the bill (H.R. ments to more than 2,000 colleges, uni- lation authorized by a law of the United States, 1274) to authorize appropriations for versities, K–12 schools, businesses and and does not include the acquisition (by purchase, lease, or barter) of property or services the National Institute of Standards other research institutions in all parts for the direct benefit or use of the United States and Technology for fiscal years 1998 of the United States. The foundation Government. Such term does not include cooper- and 1999, and for other purposes, pursu- accounts for about 25 percent of Fed- ative agreement (as such term is used in section ant to House Resolution 127, he re- eral support to academic institutions 6305 of title 31, United States Code) or a cooper- ported the bill back to the House with for basic research. ative research and development agreement (as an amendment adopted by the Commit- such term is defined in section 12(d)(1) of the This 2-year authorization improves tee of the Whole. our investment in America by Stevenson-Wydler Technology Innovation Act of The SPEAKER pro tempore. Under 1980 (15 U.S.C. 3710a(d)(1))). strengthening our commitment to the the rule, the previous question is or- SEC. 10. NOTICE. National Science Foundation. The bill dered. (a) NOTICE OF REPROGRAMMING.—If any authorizes approximately $3.5 billion funds authorized by this Act are subject to a re- The question is on the committee for fiscal year 1998. The bipartisan sup- programming action that requires notice to be amendment in the nature of a sub- port for this bill demonstrates the provided to the Appropriations Committees of stitute. committee’s belief that the support of the House of Representatives and the Senate, The committee amendment in the basic research will provide America notice of such action shall concurrently be pro- nature of a substitute was agreed to. with the lead role for science in the fu- vided to the Committee on Science of the House The SPEAKER pro tempore. The of Representatives and the Committee on Com- ture. It is through basic research that question is on the engrossment and we will make the fundamental discov- merce, Science, and Transportation of the Sen- third reading of the bill. ate. eries that will become the economic (b) NOTICE OF REORGANIZATION.—The Sec- The bill was ordered to be engrossed drivers in the 21st century. and read a third time, was read the retary of Commerce shall provide notice to the H.R. 1273 provides for $2.56 billion, or Committees on Science and Appropriations of third time, and passed, and a motion to the House of Representatives, and the Commit- reconsider was laid on the table. a 5.4-percent increase over fiscal year 1997, in the research and related activi- tees on Commerce, Science, and Transportation f and Appropriations of the Senate, not later ties account. In fiscal year 1999, the bill than 15 days before any major reorganization of NATIONAL SCIENCE FOUNDATION then further increases the RR&A ac- any program, project, or activity of the National AUTHORIZATION ACT OF 1997 count to $2.74 billion, a 7-percent in- Institute of Standards and Technology. The SPEAKER pro tempore. Pursu- crease over fiscal year 1998. The re- SEC. 11. SENSE OF CONGRESS ON THE YEAR 2000 ant to House Resolution 126 and rule search and related activities account is PROBLEM. XXIII, the Chair declares the House in NSF’s primary account. It provides the With the year 2000 fast approaching, it is the resources that allow the United States sense of Congress that the National Institute of the Committee of the Whole House on Standards and Technology should— the State of the Union for consider- to uphold world leadership in a variety (1) give high priority to correcting all 2-digit ation of the bill, H.R. 1273. of science and engineering activities. date-related problems in its computer systems to b 1122 This legislation follows through on ensure that those systems continue to operate the committee’s commitment to im- effectively in the year 2000 and beyond; IN THE COMMITTEE OF THE WHOLE prove math and science education. In (2) assess immediately the extent of the risk to Accordingly the House resolved itself the Education and Human Resources the operations of the Institute posed by the into the Committee of the Whole House problems referred to in paragraph (1), and plan Directorate, the bill incorporates the and budget for achieving Year 2000 compliance on the State of the Union for the con- President’s request of $625 million, a for all of its mission-critical systems; and sideration of the bill (H.R. 1273) to au- 1.1-percent increase over fiscal year (3) develop contingency plans for those sys- thorize appropriations for fiscal years 1998, and then provides 3 percent tems that the Institute is unable to correct in 1998 and 1999 for the National Science growth in this program to over $644 time. Foundation, and for other purposes, million in fiscal year 1999. SEC. 12. BUY AMERICAN. with Mr. DUNCAN in the chair. The major research equipment ac- (a) COMPLIANCE WITH BUY AMERICAN ACT.— The Clerk read the title of the bill. count completes funding for the con- No funds appropriated pursuant to this Act may The CHAIRMAN. Pursuant to the struction of the Laser Interferometer be expended by an entity unless the entity rule, the bill is considered as having Gravitational Wave Observatory Pro- agrees that in expending the assistance the en- been read the first time. tity will comply with sections 2 through 4 of the gram, LIGO, for short. This account Under the rule, the gentleman from Act of March 3, 1933 (41 U.S.C. 10a–10c, popu- provides funds for two new programs: Wisconsin [Mr. SENSENBRENNER] and larly known as the ‘‘Buy American Act’’). the Millimeter Array Radio Telescope the gentleman from California [Mr. (b) SENSE OF CONGRESS.—In the case of any and the Polar Cap Observatory. The equipment or products that may be authorized BROWN], each will control 30 minutes. MMA will be the world’s most sen- to be purchased with financial assistance pro- The Chair recognizes the gentleman sitive, highest resolution millimeter- vided under this Act, it is the sense of Congress from Wisconsin [Mr. SENSENBRENNER]. that entities receiving such assistance should, in (Mr. SENSENBRENNER asked and wavelength telescope and will provide expending the assistance, purchase only Amer- was given permission to revise and ex- a testing ground for theories of star ican-made equipment and products. tend his remarks.) birth, galaxy formation and the evo- (c) NOTICE TO RECIPIENTS OF ASSISTANCE.—In lution of the universe. The Polar Cap providing financial assistance under this Act, Mr. SENSENBRENNER. Mr. Chair- man, I yield myself such time as I may Observatory will provide new measure- the Secretary of Commerce shall provide to each ment capabilities for studying and recipient of the assistance a notice describing consume. monitoring space weather, the condi- the statement made in subsection (a) by the I rise in support of H.R. 1273, the Na- Congress. tional Science Foundation Act of 1997. tions in space environment that can influence the performance of satellites, The CHAIRMAN. Are there any It is particularly appropriate that the affect power grids and disrupt tele- amendments to the bill? House consider this legislation at this communications. If not, the question is on the commit- time because this week is National tee amendment in the nature of a sub- Science and Technology Week. This In addition, the bill provides for the stitute. House can be proud of the work of the one time, full authorization of the Ant- The committee amendment in the Members on both sides of the aisle in arctic Rehabilitation Program. As the nature of a substitute was agreed to. developing the blueprint of the 105th distinguished chairman of the NSF’s The CHAIRMAN. Under the rule, the Congress for strong support of re- External Review Panel on Antarctic Committee rises. search, development, and science edu- Programs, Norm Augustine, testified Accordingly the Committee rose, and cation. before our committee: the Speaker pro tempore [Mr. DREIER] The National Science Foundation It’s our belief we would not send a ship to having assumed the chair, Mr. DUNCAN, provides funding to over 19,000 research sea or a spacecraft to orbit in the condition Chairman of the Committee of the and education projects in science and of the facilities that we have at the pole. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1809 I am proud to say this legislation search investments made by NSF gen- and human resources activities of NSF fully authorizes the resources nec- erate the new knowledge that fuels our and provides sufficient growth in a sec- essary to rebuild the facilities in Ant- Nation’s technological innovation and ond year to offset the effects of infla- arctica and protect the health and safe- ultimately dictates our future eco- tion. The bill will sustain existing pro- ty of our scientists as well as the very nomic strength. grams while the basic research sub- fragile Antarctic environment. Mr. Chairman, I would like to de- committee reviews the impact of edu- In our drive to hold down expenses, scribe some recent examples that show cation programs during this Congress. the salaries and expense account of the breadth and potential techno- Finally, the bill accepts the rec- NSF has been held to approximately 2- logical value resulting from NSF-spon- ommendation of the distinguished percent growth in fiscal years 1998 and sored research. panel assembled by NSF to review the 1999. The committee commends NSF Materials scientists at Cornell Uni- facilities necessary for the U.S. Ant- for their low overhead rate and expects versity, for example, have investigated arctic program, which has also been them to continue to maximize effi- the characteristics of silk fiber spun by very eloquently and comprehensively ciency and productivity. the golden orb weaving spider, which explained by our outstanding chair- Finally, the Office of the Inspector are stronger than steel and more elas- man, the gentleman from Wisconsin tic than Kevlar. In fact, through the General is funded at the President’s re- [Mr. SENSENBRENNER], and authoriza- tools of biotechnology, it is now pos- quest for fiscal year 1998 and provided a tion also is provided to allow for re- sible to manufacture designer mate- 3-percent growth in fiscal year 1999. placement, as the chairman explained, rials by producing genes which can ex- I wish to express my appreciation to of the South Pole Station and for need- press large amounts of this super the chairman of the Basic Research ed upgrades at other Antarctic sta- strength material. The practical appli- Subcommittee, the gentleman from tions. cations for such technologies are sim- New Mexico [Mr. SCHIFF], the ranking The value of research programs and minority member of the subcommittee, ply enormous. Power plants emit high levels of ni- the importance of the U.S. presence in the gentleman from Michigan [Mr. trogen oxides, which are health hazards Antarctica has been expressed by the BARCIA], and the gentleman from Cali- and cannot be completely eliminated administration and outside witnesses fornia [Mr. BROWN], ranking minority by using current catalysts. Researchers at committee hearings over the past 2 members of the full committee, for at Penn State University discovered a years. This bill will ensure that U.S. their efforts and support in crafting a family of novel rare-earth catalysts facilities in Antarctica are capable of bipartisan bill that received over- which can remediate nitrous oxide in supporting the most advanced research whelming support in the Committee on flue gas and thereby enable the design and will provide adequate safety for Science. I believe that this is an out- of a new process which support envi- the scientists and support staff who standing bill and urge Members to sup- ronmentally safe power plants. must function in this very hostile envi- port H.R. 1273. At the University of Michigan the ronment. Mr. Chairman, I reserve the balance Center for Ultrafast Optical Science is I want to thank the gentleman from of my time. working with ultrashort laser pulses in New Mexico [Mr. SCHIFF], the chairman Mr. BARCIA. Mr. Chairman, I yield developing important applications to of the Subcommittee on Basic Re- myself such time as I may consume. ophthalmology. Ultrashort laser pulses search, for his efforts to develop House Mr. Chairman, I rise in support of the are composed of only a few optical cy- Resolution 1273 in a great spirit of co- National Science Foundation author- cles in light, and their duration is operation, and also especially com- ization bill, House Resolution 1273, measured in femtoseconds. One mend the gentleman from Wisconsin which was developed in a bipartisan femtosecond is one millionth of one [Mr. SENSENBRENNER], the chair of the manner by the Committee on Science. billionth of a second. Ablation of mate- Committee on Science, as well as the House Resolution 1273 signals the rial with femtosecond pulses is ex- gentleman from California [Mr. strong bipartisan support for the key tremely clean in contrast to ablation BROWN], an outstanding ranking Demo- role of the NSF in developing and sus- performed by traditional lasers with a cratic member, for their leadership in taining the academic research enter- pulse duration 1,000 times longer. As moving the bill through the committee prise of this Nation. NSF is the only very fine and accurate surgical cuts and to the floor. Federal agency with the sole mission can be made without any collateral Mr. Chairman, I fully support H.R. to support basic science and engineer- damage using ultrafast lasers, these de- 1273 and urge its approval by the ing research as well as education in our vices are the perfect scalpel. House. Nation’s schools, colleges and univer- In addition to supporting basic re- Mr. Chairman, I yield such time as he sities. NSF programs support research search, NSF programs help educate the may consume to the gentleman from in science and engineering, the oper- next generation of scientists, engineers California [Mr. BROWN], the distin- ation of national research facilities, and technicians as well as improve guished former chairman of the Com- and science education at all levels of science education for all of our K–12 mittee on Science in the House of Rep- instruction. Such wide-ranging activi- students. Such outcomes are realized resentatives. ties underpin the technological through a wide range of NSF activities, Mr. BROWN of California. Mr. Chair- strength of our Nation through both including graduate student support, re- man, I thank the ranking member very the generation of new knowledge and search experience for undergraduates, the continued education of our sci- development of curricular materials much for yielding me this time, and I entists and engineers. for science courses at all levels of in- also want to commend him for the ex- In light of NSF’s important role, I struction, development of educational cellent work he is doing in his initial am pleased that House Resolution 1273 applications of computer and commu- efforts as a ranking member of this provides real growth for those NSF re- nications technologies, and in-service very important subcommittee. I know search activities which support individ- training for K–12 teachers. that he will continue to do an excellent ual investigators and interdisciplinary I would particularly like to mention job in that regard. research teams. the NSF Advanced Technology Edu- It is hardly necessary to speak in cation Program, which is targeted for support of the National Science Foun- b 1130 2-year institutions. The program sup- dation, since it has long enjoyed bipar- The authorization level increases in ports curriculum faculty development tisan support and continued budgetary each year of the bill are above what is to improve the training of technicians growth. Not always as much as I would needed to offset inflation and, there- critical to the high performance work- like, but in this particular bill and fore, will allow NSF to pursue new ini- place. The ATE Program attains its under these circumstances, I think tiatives in such areas as distributive goals through partnerships among 2- that the budgetary growth which has intelligence and life in extreme envi- year institutions, universities, busi- been set forth by the chairman of the ronments, while sustaining core re- ness, and industry. full committee represents a very rea- search activities in the major science House Resolution 1273 supports the sonable program, and I am happy to and engineering disciplines. The re- President’s request for the education commend him for that. H1810 CONGRESSIONAL RECORD — HOUSE April 24, 1997 I will not belabor all of the good short detour from our traditional and guished gentleman from Texas [Mr. points that I could make about the long-term path of bipartisan support SESSIONS]. NSF, but I do want to say something for research and development and par- Mr. SESSIONS. Mr. Chairman, it is about a very small line item which is ticularly for the work of the National with great encouragement that I stand in the bill that has not been in there Science Foundation. It was a path that up today to rise to commend the chair- before, and that is a provision provid- the New York Times said would actu- man of the House Committee on ing for authorization of about a million ally cripple American science. Science for working very diligently on dollars for international science co- Fortunately, we have a new day and the bill H.R. 1273. I stand today as a operation through the funding of the we are now back on the path of a bipar- proud member and a supporter of the United States-Mexico Foundation for tisan commitment to research and de- committee as an advocate for research Science. velopment. While we have a few dif- and development on the types of things This foundation contributes to the ferences over certain specifics of this that will make a real impact and make scientific and technological strength of bill and of other legislation that is a difference in our country. each country through fostering re- being considered today, on the whole, This bill corrects years of neglect search and human resource develop- we have agreement; and it is a testa- and promotes the most fiscally respon- ment, and promoting collaborative so- ment to the work of the gentleman sible part of our Federal budget. Re- lutions to common problems. from Wisconsin [Mr. SENSENBRENNER] search and development provides expo- Since this foundation was established to the gentleman from California [Mr. nential returns to the taxpayer and en- in 1992, the United States-Mexico BROWN], to the gentleman from Michi- ables our country to continue its long Foundation has established a proven gan [Mr. BARCIA], and to the gentleman history of pressing the envelope of track record of supporting high quality from New Mexico [Mr. SCHIFF], their math, science, and technology. international research. The additional leadership, that we have come together b 1145 funding authorized by this bill, which once again to pursue support for As a freshman Member I was very en- will be matched by Mexico, will enable science and for research and develop- couraged by the hearings on this bill the foundation to expand its activities ment from the Federal level. and others that were reported out by from its current very small base and This National Science Foundation our Committee on Science last week. will thereby further advance United bill represents a slight increase over Throughout the hearings, there was a States-Mexican scientific and techno- what we did in the Congress last year bipartisan support, not only that we logical cooperation. and over what President Clinton has have heard today from other Democrat We hope other U.S. agencies will requested. It would appear that we Members of Congress, but also those on likewise be able to support some of this have found some consensus on just how the committee who feel that if we have binational research in areas that is fo- vital funding for scientific research is, a competitive grant process and united cused on their individual missions, and its importance in fostering scientific feelings against specific earmarks of we are looking forward to gradually discovery and jobs that that discovery funds, we can make better progress. I building up a substantial base of fund- will produce. believe both of these efforts have led to ing for this very important binational Our worldwide leadership in science a bill that is proeconomic growth and research. and technology is a source of great for fiscal responsibility. I should mention here that I had the pride and satisfaction for millions of I also believe that this bill actively opportunity and the pleasure to visit Americans but, more importantly, it is attacks one of the most serious prob- with the leadership of the Mexican a source of future jobs for millions of lems with America in education today. Government and Mexican scientific es- our young Americans who will be en- According to the third international tablishment just a few weeks ago to tering the job market in future years. mathematics and science study, eighth discuss the progress of the binational Now we can talk about ways that grade math and science students in the foundation, and I found uniform sup- this Congress can improve the lives of United States are considerably average port at every level, from the president, Americans; and there is little that we when compared to students in develop- through his science adviser, through cannot accomplish through realistic in- ing countries. Average students are not the Secretary of State, and many other vestments in science and technology to going to keep the United States of agencies, and all of the leading sci- produce those high-skill, high-wage, America ahead of our foreign competi- entific institutions in Mexico, who high-tech jobs in the future. tors and other competitors around the wanted to continue this program and The area that I represent in and globe. As a nation, it is imperative have it reach a reasonable level over around Austin, TX is a good example. that we encourage students, teachers, the next several years, and we look for- The investment made through the Na- and administrators to focus their ef- ward to working with them in achiev- tional Science Foundation through re- forts on basic math and science skills. ing this. lated programs of Federal investment By providing competitive incentives, I also want to conclude by not extol- in research and technology has pro- we have signaled our commitment to ling again the chairman of the full vided the engine for economic growth, encourage these important skills and committee and the chairman of the has attracted considerable private in- opportunities. subcommittee, the gentleman from vestment, and has provided us the kind Finally, our focus on competitive New Mexico [Mr. SCHIFF], but to in- of economic problems that the rest of grants highlights a unique American clude by reference the laudatory re- the country would like to have, that way that we can solve our problems. marks I made previously about the being that we need, we have a shortage Incentives and encouragement lead to gentleman from Wisconsin [Mr. SEN- actually of many individuals in the productive answers and innovative so- SENBRENNER]. It would be rather repeti- high-skilled area to fill jobs that are lutions. This method is in direct con- tious to say that on each one of these being created each month by our high- flict with many of the reforms circulat- bills. But he has done a great job and tech industries. ing around Washington today. It seems we look forward to continued coopera- Clearly, our Nation is in a fight on that some of my colleagues think a tive relationships with him. the economic front around the world; Federal mandate can solve everything, Mr. Chairman, I urge every Member and if we are to remain competitive but I think that really we have the an- to support this excellent bill. and if we are to be able to produce the swer when we talk about regulations Mr. BARCIA. Mr. Chairman, I yield kind of jobs that we need for our popu- and mandates that are put on people. I such time as he may consume to the lation, it will be through the kind of believe that a Federal mandate has gentleman from Texas [Mr. DOGGETT]. investment that we are making today never educated a student, inspired a Mr. DOGGETT. Mr. Chairman, I in this National Science Foundation scientist or invented the next genera- thank the gentleman for yielding the bill and in other bills to place America tion in technology. However, the time. first when it comes to research, when human desire to succeed has brought Anyone who followed the debate over it comes to science and technology. America more innovative ideas and these matters in the last Congress Mr. SENSENBRENNER. Mr. Chair- scholastic achievements than a room of knows that this House took a very man, I yield 4 minutes to the distin- bureaucrats can think of in a lifetime. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1811 I think what we need to do is to sup- Foundation. Very important efforts are This 2-year authorization provides real port H.R. 1273, and I rise in support of taking place on behalf of this country growth to the National Science Foundation. To that and wish to thank the gentleman that are critical to our economic com- briefly summarize its provisions: from Wisconsin [Mr. SENSENBRENNER], petitiveness in the future. The President's fiscal year 1998 request for the chairman, for not only his leader- We no longer as a country are look- NSF is $3.367 billion, a 3-percent increase ship but help in this process. ing at competition, business to busi- over the fiscal year 1997 appropriation levels. Mr. BARCIA. Mr. Chairman, I yield 3 ness or State to State. It is definitely This bill authorizes over $3.505 billion for fis- minutes to the gentleman from Califor- country to country. Our ability to cal year 1998, a 7.2-percent increase over fis- nia [Mr. CAPPS]. maintain our economic advantage is cal year 1997. Mr. CAPPS. Mr. Chairman, I rise also only as strong as our willingness to in- Within the individual appropriations ac- in favor of this bill to reauthorize the vest in basic research and the develop- counts, the bill authorizes $2.563 billion, or a National Science Foundation. As a new ment of technology in partnership with 5.4-percent increase over fiscal year 1997, in Member of the Congress, I must say business. I am extremely pleased that the Research and Related Activities [R&RA] that the bipartisan cooperation that the NIST budget has passed and that account. In fiscal year 1999, the bill increases has brought forward this legislation the advanced technology program and the R&RA account to $2.740 billion, a 7-per- has been an example for the rest of the other important partnership efforts cent increase over fiscal year 1998. House to follow. I want to commend have been included this year that are In the Education and Human Resources Di- and thank the gentlewoman from critical. The National Science Founda- rectorate, this bill incorporates the President's Maryland [Mrs. MORELLA], chairman; tion has a very important base that has request of $625.5 million, a 1.1-percent in- the gentleman from Tennessee [Mr. been adopted by this committee. I crease over fiscal year 1998, and then pro- Gordon], ranking member; the gen- would like to again commend our lead- vides for 3-percent growth in this program to tleman from Wisconsin [Mr. SENSEN- ership on both sides of the aisle for a over $644 million in fiscal year 1999. BRENNER], chairman; and my esteemed strong vision and commitment, and I The major research equipment account colleague, the gentleman from Califor- am hopeful that we will be successful completes funding for the Laser Interferometer nia [Mr. BROWN] for their outstanding in maintaining this throughout the Gravitational Wave Observatory [LIGO] pro- work on this legislation. process. gram. This account provides funds for two The bill before us today provides a Ms. HOOLEY of Oregon. Thank you Mr. new programs: the Polar Cap Observatory and healthy and worthy increase for the Chairman. the Millimeter Array radio telescope. In addi- National Science Foundation. While I For almost 50 years, the National Science tion, this bill provides $115 million for the one support the research community’s call Foundation has worked to expand the core of time, full authorization, of the Antarctic reha- earlier this year for a 7-percent in- knowledge that has broadened our horizons in bilitation program. crease in science research and develop- almost every field of science, engineering, and The salaries and expense account has been ment, I am encouraged by the funding mathematics. We may not always see such di- held to approximately 2-percent annual growth levels that this bill contains in these rect applications of most of the research, but in fiscal year 1998 and fiscal year 1999. The tight budgetary times. advancements in understanding of our planet, committee commends NSF for their low over- I have spent my professional life the composition of life, and the elements of head rate and expects them to continue to prior to coming here engaged in teach- technologies enrich our lives. maximize efficiency and productivity. ing and research, so I have a sincere Equally important in the mission of the NSF The office of the inspector general is funded appreciation for the critical role of re- is its dedication to integrating education into at the President's request for fiscal year 1998 search and education in our society. its activities. Obviously, future scientific suc- and provided 3-percent growth in fiscal year The National Science Foundation’s cesses hinge on society's ability to train stu- 1999. mission to sponsor research and en- dents to understand the fundamentals of cur- I urge my colleagues to support this legisla- courage new thinking and education is rent knowledge. tion. a critical element for our economic In conducting research, undergraduate and Before closing, I would like to remind my growth as we move into the 21st cen- graduate students must have adequate oppor- colleagues that this week is National Science tury. Much is said today about the tunities to learn from direct experience. And and Technology Week. National Science and need to educate our children for our in- precollege students should not be left out of Technology Week is an informal and public creasingly competitive economic envi- the picture. I can tell you as a former educa- education outreach program of the National ronment. I agree with this viewpoint. torÐand I know that many of my colleagues Science Foundation, dedicated to expanding However, I also believe that edu- will agreeÐthat if our students do to learn the the participation by all Americans in the fields cation inspires individual and personal basics of science in their youth, we will be of science, technology, and engineering. Since growth which inevitably leads to a hard pressed to find interested and prepared its inception in 1985, National Science and more civilized and prosperous society. students at the higher levels. Technology Week has gradually expanded in This is also what NSF programs We must also remember that scientific edu- scope and impact, involving millions of Ameri- achieve. The bill is evidence of the sup- cation extends beyond the immediate research cans in national and local events. port that NSF has in the House and community. If our Nation's populace does not National Science and Technology Week is throughout the country. I urge my col- understand the issues facing our national celebrated across the country, providing spe- leagues to support this legislation. science policies, they cannot make informed cial opportunities in communities throughout Mr. BARCIA. Mr. Chairman, I yield decisions that affect those policies. the Nation to notice the major impact and im- such time as she may consume to the I understood the rationale for keeping the portance that science and technology have on gentlewoman from Michigan [Ms. education and human resources accounts in all aspects of daily life. The National Science STABENOW]. check, and I look forward to further inquiries Foundation presents this full week of informal Ms. STABENOW. Mr. Chairman, I by this body into the successes of the pro- science and engineering activities annually in will take just a moment to rise to com- grams in this category. However, pending April. This year's celebration, April 20±26, mend both the chair of the committee such a review, I think that we should further 1997, has the them of ``Webs, Wires & and the ranking member of the com- expand our educational programs within the Waves: The Science and Technology of Com- mittee as well as the ranking member NSF and other agencies. munication.'' This them recognizes the price- of our subcommittee dealing with the We have an obligation to do as much as less impact that communications has had in National Science Foundation for the possible to support education, and in particu- shrinking the world and bringing people world- excellent work and the bipartisanship lar, the improvement of our students' math wide closer together. It allows individuals to that has come from the Committee on and science skills. I urge my colleagues to take the opportunity to explore questions Science this year. As a first-term Mem- vote for this legislation. about communications, both those of nature ber, I am very pleased to be a part of a Thank you, Mr. Chairman. I yield back the as well as technology. committee that is focused and commit- balance of my time. The National Science Foundation attempts ted to investing in scientific research Mr. SCHIFF. Mr. Chairman, I rise in support to reach its audience through various re- and development, technology develop- of H.R. 1273, The National Science Founda- sources, especially the National Science and ment, environmental research, and ef- tion Act of 1997. I am proud to have intro- Technology Week Regional Network in 46 forts through the National Science duced this legislation. sites across the country, including a site in H1812 CONGRESSIONAL RECORD — HOUSE April 24, 1997 New Mexico. The Space Center in energies to developing the next generation of (4) the term ‘‘national research facility’’ Alamogordo, NM is very instrumental in pro- computer networks and supercomputers. means a research facility funded by the Foun- viding training workshops for teachers and I am also a strong supporter of the Re- dation which is available, subject to appropriate planning interactive, hands-on science events. search Experiences for Undergraduates. This policies allocating access, for use by all sci- program provides funding for undergraduates entists and engineers affiliated with research in- These sites are resourceful in assisting in the stitutions located in the United States; and distribution of education materials, which are to be hired by research professors. I have met (5) the term ‘‘United States’’ means the sev- issued annually, both in English and Spanish. students in this program, and all of them sing eral States, the District of Columbia, the Com- These packets assist both formal and informal its praises. There are a number of students at monwealth of Puerto Rico, the Virgin Islands, educators and parents in engaging children in the Massachusetts Institute of Technology, Guam, American Samoa, the Commonwealth of innovative, hands-on learning activities geared which is in my district, who have benefited the Northern Mariana Islands, and any other to science, mathematics, and technology. from this program. territory or possession of the United States. Many of the activities this year will present MIT has furthered this idea with its own TITLE I—NATIONAL SCIENCE new opportunities to engage the curiosity of called the Undergraduate Research Opportuni- FOUNDATION AUTHORIZATION ordinary people everywhere, affected daily by ties Program. This program is very similar ex- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. new capabilities unfathomed even a genera- cept that the researcher does not need to (a) FINDINGS.—The Congress finds that— apply for a grant to hire undergraduatesÐin- (1) the programs of the Foundation are impor- tion ago. During National and Technology tant for the Nation to strengthen basic research Week, the National Science Foundation will stead they can use their existing research and develop human resources in science and en- again offer its ``Ask a Scientist or Engineer'' funds for that purpose. gineering, and that those programs should be over the Internet. Now in its third consecutive Too often close working relationships with funded at an adequate level; year, online access has been a popular and research professors are reserved for graduate (2) the primary mission of the Foundation worthwhile tool, engaging the public's curiosity students. This program recognizes that most continues to be the support of basic scientific re- to explore and question the mysteries of undergraduates don't go to graduate school. search and science education and the support of science and technology. Online access will be This early interaction is vital to these kids' research fundamental to the engineering process education. Their experiences will turn these and engineering education; and available throughout the week at (3) the Foundation’s efforts to contribute to [email protected]. kids into the great minds of the next century. the economic competitiveness of the United I encourage the House and Senate to The NSF continues to expand the opportuni- States should be in accord with that primary strongly support this outreach program, rec- ties of all Americans and I urge my colleagues mission. ognizing the importance of involving all people to support its reauthorization. (b) FISCAL YEAR 1998.—There are authorized in the awareness that science, engineering, Mr. BARCIA. Mr. Chairman, I have to be appropriated to the Foundation and technology are important in our lives no further requests for time, and I $3,505,630,000 for fiscal year 1998, which shall be today and crucial to our progress tomorrow. I yield back the balance of my time. available for the following categories: (1) Research and Related Activities, hope you will join me in celebrating National Mr. SENSENBRENNER. Mr. Chair- man, I also have no further requests for $2,563,330,000, of which— Science and Technology Week. (A) $330,820,000 shall be for Biological Mr. KENNEDY of Massachusetts. Mr. Chair- time, and I yield back the balance of Sciences; man, I rise in strong support of the reauthor- my time. (B) $289,170,000 shall be for Computer and In- ization of the National Science Foundation. In The CHAIRMAN. All time for general formation Science and Engineering; the years since its creation, the NSF has pro- debate has expired. (C) $360,470,000 shall be for Engineering; Pursuant to the rule, the committee (D) $452,610,000 shall be for Geosciences; vided funding for research that has led to (E) $715,710,000 shall be for Mathematical and technological innovations which have im- amendment in the nature of a substitute printed in the bill shall be con- Physical Sciences; proved the lives of millions of people in this (F) $130,660,000 shall be for Social, Behav- sidered under the 5-minute rule by ti- country and around the world. ioral, and Economic Sciences, including Many of our country's economists agree that tles and each title shall be considered $1,000,000 for the United States-Mexico Founda- technological innovation is responsible for be- read. tion for Science; tween 30 and 50 percent of the United States' During consideration of the bill for (G) $165,930,000 shall be for United States amendment, the Chair may accord pri- Polar Research Programs; economic growth in the last 100 years. This (H) $62,600,000 shall be for United States Ant- has meant hundreds of thousands of jobs in ority in recognition to a Member offering an amendment that he has printed arctic Logistical Support Activities; and every State of the Union. (I) $2,730,000 shall be for the Critical Tech- in the designated place in the CONGRES- Without the NSF, there would be no Internet nologies Institute. as we know it today. As many of you know, SIONAL RECORD. Those amendments (2) Education and Human Resources Activi- the Defense Department first created the De- will be considered read. ties, $625,500,000. fense Advanced Research Projects Agency The Clerk will report section 1. (3) Major Research Equipment, $175,000,000. The Clerk read as follows: (4) Salaries and Expenses, $136,950,000, of [DARPA]Ðcreating a link of defense comput- Be it enacted by the Senate and House of Rep- which $5,200,000 shall be for Headquarters Relo- ers around the world. In 1981, NSF created resentatives of the United States of America in cation. the first nondefense computer network, called Congress assembled, (5) Office of Inspector General, $4,850,000. CSNET, at the request of our country's univer- SECTION 1. SHORT TITLE. (c) FISCAL YEAR 1999.—There are authorized sities that did not have access to DARPA. In This Act may be cited as the ‘‘National to be appropriated to the Foundation 1987 NSF further expanded into the world with Science Foundation Authorization Act of 1997’’. $3,613,630,000 for fiscal year 1999, which shall be NSFnet. Mr. SENSENBRENNER (during the available for the following categories: Ten years later NSFnet has grown into the (1) Research and Related Activities, reading). Mr. Chairman, I ask unani- $2,740,000,000, including $1,000,000 for the Unit- InternetÐthe latest frontier in our country's de- mous consent that the remainder of ed States-Mexico Foundation for Science. velopment. The uses for the Internet are still the committee amendment in the na- (2) Education and Human Resources Activi- being developed. We already know it is a ture of a substitute be printed in the ties, $644,245,000. great research tool for our students, it is fast RECORD and open to amendment at any (3) Major Research Equipment, $90,000,000, of becoming a great place of economic activity, point. which no funds are authorized for the Large and the future may hold things we can't even The CHAIRMAN. Is there objection Hadron Collider project at the European Orga- think of. to the request of the gentleman from nization for Nuclear Research (CERN) unless In Massachusetts and across the country the Director, in consultation with the Secretary Wisconsin? of Energy, has transmitted to the Committee on the Internet is also becoming a way to bring There was no objection. Science of the House of Representatives and the people together to support their schools. The text of the remainder of the com- Committees on Labor and Human Resources and Twice in the last year volunteers from industry, mittee amendment in the nature of a Commerce, Science, and Transportation of the labor, government, schools and parents, have substitute is as follows: Senate a report on the impacts of such funding given up time on their weekends to work on SEC. 2. DEFINITIONS. on the operations and viability of United States MassNetworks. It is an effort to wire every For purposes of this Act— high energy and nuclear physics facilities. school in the Commonwealth for computer (1) the term ‘‘Director’’ means the Director of (4) Salaries and Expenses, $134,385,000. networks and the Internet. It has been a great the Foundation; (5) Office of Inspector General, $5,000,000. (2) the term ‘‘Foundation’’ means the Na- SEC. 102. PROPORTIONAL REDUCTION OF RE- successÐand I would like to thank all those tional Science Foundation; SEARCH AND RELATED ACTIVITIES volunteers. (3) the term ‘‘institution of higher education’’ AMOUNTS. NSF no longer provides the backbone of the has the meaning given such term in section If the amount appropriated pursuant to sec- Internet. So, it has now turned its formidable 1201(a) of the Higher Education Act of 1965; tion 101 (b)(1) or (c)(1) is less than the amount April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1813 authorized under that paragraph, the amount under section 5332’’ and inserting in lieu thereof (2) reduce the variance among indirect cost available for each scientific directorate under ‘‘the maximum rate payable under section 5376’’; rates of different institutions of higher edu- that paragraph shall be reduced by the same and cation, including an evaluation of the relative proportion. (D) by adding at the end the following new benefits and burdens of each option on institu- SEC. 103. CONSULTATION AND REPRESENTATION sentence: ‘‘Members of the Board and special tions of higher education. Such report shall be EXPENSES. commissions may waive compensation and reim- transmitted to the Congress no later than De- From appropriations made under authoriza- bursement for travel expenses.’’; and cember 31, 1997. tions provided in this Act, not more than $10,000 (4) by striking ‘‘Atomic Energy Commission’’ SEC. 204. FINANCIAL DISCLOSURE. may be used in each fiscal year for official con- in section 15(a) (42 U.S.C. 1874(a)) and inserting Persons temporarily employed by or at the sultation, representation, or other extraordinary in lieu thereof ‘‘Secretary of Energy’’. Foundation shall be subject to the same finan- expenses at the discretion of the Director. The (b) NATIONAL SCIENCE FOUNDATION AUTHOR- cial disclosure requirements and related sanc- determination of the Director shall be final and IZATION ACT, 1976 AMENDMENTS.—Section 6(a) tions under the Ethics in Government Act of conclusive upon the accounting officers of the of the National Science Foundation Authoriza- 1978 as are permanent employees of the Founda- Government. tion Act, 1976 (42 U.S.C. 1881a(a)) is amended by tion in equivalent positions. TITLE II—GENERAL PROVISIONS striking ‘‘social,’’ the first place it appears. SEC. 205. EDUCATIONAL LEAVE OF ABSENCE FOR (c) NATIONAL SCIENCE FOUNDATION AUTHOR- ACTIVE DUTY. SEC. 201. NATIONAL RESEARCH FACILITIES. IZATION ACT OF 1988 AMENDMENTS.—(1) Section In order to be eligible to receive funds from (a) FACILITIES PLAN.—The Director shall pro- 117(a)(1)(B)(v) of the National Science Founda- the Foundation after September 30, 1997, an in- vide to Congress, not later than December 1 of tion Authorization Act of 1988 (42 U.S.C. stitution of higher education must provide that each year, a plan for the proposed construction 1881b(1)(B)(v)) is amended to read as follows: whenever any student of the institution who is of, and repair and upgrades to, national re- ‘‘(v) from schools established outside the sev- a member of the National Guard, or other research facilities. The plan shall include esti- eral States and the District of Columbia by any serve component of the Armed Forces of the mates of the cost for such construction, repairs, agency of the Federal Government for depend- United States, is called or ordered to active and upgrades, and estimates of the cost for the ents of its employees.’’. duty, other than active duty for training, the operation and maintenance of existing and pro- (2) Section 117(a)(3)(A) of such Act (42 U.S.C. institution shall grant the member a military posed new facilities. For proposed new construc- 1881b(3)(A)) is amended by striking ‘‘Science leave of absence from their education. Persons tion and for major upgrades to existing facili- and Engineering Education’’ and inserting in on military leave of absence from their institu- ties, the plan shall include funding profiles by lieu thereof ‘‘Education and Human Re- tion shall be entitled, upon release from military fiscal year and milestones for major phases of sources’’. duty, to be restored to the educational status the construction. The plan shall include cost es- (d) SCIENCE AND ENGINEERING EQUAL OPPOR- they had attained prior to their being ordered to timates in the categories of construction, repair, TUNITIES ACT AMENDMENTS.—The Science and military duty without loss of academic credits and upgrades for the year in which the plan is Engineering Equal Opportunities Act is amend- earned, scholarships or grants awarded, or tui- submitted to Congress and for not fewer than ed— tion and other fees paid prior to the commence- the succeeding 4 years. (1) in section 34 (42 U.S.C. 1885b)— ment of the military duty. It shall be the duty (b) STATUS OF FACILITIES UNDER CONSTRUC- (A) by amending the section heading to read of the institution to refund tuition or fees paid TION.—The plan required under subsection (a) as follows: ‘‘PARTICIPATION IN SCIENCE AND ENGI- or to credit the tuition and fees to the next se- shall include a status report for each NEERING OF MINORITIES AND PERSONS WITH DIS- mester or term after the termination of the edu- uncompleted construction project included in ABILITIES’’; and cational military leave of absence at the option the current and previous plans. The status re- (B) by amending subsection (b) to read as fol- of the student. port shall include data on cumulative construc- lows: SEC. 206. SCIENCE AND TECHNOLOGY POLICY IN- tion costs by project compared with estimated ‘‘(b) The Foundation is authorized to under- STITUTE. costs, and shall compare the current and origi- take or support programs and activities to en- (a) AMENDMENT.—Section 822 of the National nal schedules for achievement of milestones for courage the participation of persons with dis- Defense Authorization Act for Fiscal Year 1991 major phases of the construction. abilities in the science and engineering profes- (42 U.S.C. 6686) is amended— (c) LIMITATION ON OBLIGATION OF UNAUTHOR- sions.’’; and (1) by striking ‘‘Critical Technologies Insti- IZED APPROPRIATIONS.—No funds appropriated (2) in section 36 (42 U.S.C. 1885c)— tute’’ in the section heading and in subsection for any project which involves construction of (A) by striking ‘‘minorities,’’ and all that fol- (a), and inserting in lieu thereof ‘‘Science and new national research facilities or construction lows through ‘‘in scientific’’ in subsection (a) Technology Policy Institute’’; necessary for upgrading the capabilities of exist- and inserting in lieu thereof ‘‘minorities, and (2) in subsection (b) by striking ‘‘As deter- ing national research facilities shall be obligated persons with disabilities in scientific’’; mined by the chairman of the committee referred unless the funds are specifically authorized for (B) in subsection (b)— to in subsection (c), the’’ and inserting in lieu such purpose by this Act or any other Act which (i) by striking ‘‘with the concurrence of the thereof ‘‘The’’; is not an appropriations Act, or unless the total National Science Board’’; and (3) by striking subsection (c), and redesignat- estimated cost to the Foundation of the con- (ii) by amending the second sentence thereof ing subsections (d), (e), (f), and (g) as sub- struction project is less than $50,000,000. This to read as follows: ‘‘In addition, the Chairman sections (c), (d), (e), and (f), respectively; subsection shall not apply to construction of the National Science Board may designate a (4) in subsection (c), as so redesignated by projects approved by the National Science Board member of the Board as a member of the Com- paragraph (3) of this subsection— prior to June 30, 1997. mittee.’’; (A) by inserting ‘‘science and’’ after ‘‘develop- (C) by striking subsections (c) and (d); SEC. 202. ADMINISTRATIVE AMENDMENTS. ments and trends in’’ in paragraph (1); (D) by redesignating subsections (e) and (f) as (a) NATIONAL SCIENCE FOUNDATION ACT OF (B) by striking ‘‘with particular emphasis’’ in subsections (d) and (e), respectively; paragraph (1) and all that follows through the 1950 AMENDMENTS.—The National Science (E) by inserting after subsection (b) the fol- Foundation Act of 1950 (42 U.S.C. 1861 et seq.) end of such paragraph and inserting in lieu lowing new subsection: thereof ‘‘and developing and maintaining rel- is amended— ‘‘(c) The Committee shall be responsible for re- (1) in section 4 (42 U.S.C. 1863)— evant informational and analytical tools.’’; viewing and evaluating all Foundation matters (A) by striking ‘‘the appropriate rate provided (C) by striking ‘‘to determine’’ and all that relating to participation in, opportunities for, for individuals in grade GS–18 of the General follows through ‘‘technology policies’’ in para- and advancement in education, training, and Schedule under section 5332’’ in subsection (g) graph (2) and inserting in lieu thereof ‘‘with research in science and engineering of women, and inserting in lieu thereof ‘‘the maximum rate particular attention to the scope and content of minorities, and persons with disabilities.’’; and payable under section 5376’’; and the Federal science and technology research and (B) by redesignating the subsection (k) that (F) in subsection (d), as so redesignated by develop portfolio as it affects interagency and was added by section 108 of the National subparagraph (D) of this paragraph, by striking national issues’’; Science Foundation Authorization Act of 1988 ‘‘additional’’. (D) by amending paragraph (3) to read as fol- (e) TECHNICAL AMENDMENT.—The second sub- as subsection (l); lows: (2) in section 5(e) (42 U.S.C. 1864(e)) by section (g) of section 3 of the National Science ‘‘(3) Initiation of studies and analysis of alter- amending paragraph (2) to read as follows: Foundation Act of 1950 is repealed. natives available for ensuring the long-term ‘‘(2) Any delegation of authority or imposition SEC. 203. INDIRECT COSTS. strength of the United States in the development of conditions under paragraph (1) shall be (a) MATCHING FUNDS.—Matching funds re- and application of science and technology, in- promptly published in the Federal Register and quired pursuant to section 204(a)(2)(C) of the cluding appropriate roles for the Federal Gov- reported to the Committees on Labor and Academic Research Facilities Modernization Act ernment, State governments, private industry, Human Resources and Commerce, Science, and of 1988 (42 U.S.C. 1862c(a)(2)(C)) shall not be and institutions of higher education in the de- Transportation of the Senate and the Committee considered facilities costs for purposes of deter- velopment and application of science and tech- on Science of the House of Representatives.’’; mining indirect cost rates. nology.’’; (3) in section 14(c) (42 U.S.C. 1873(c))— (b) REPORT.—The Director of the Office of (E) by inserting ‘‘science and’’ after ‘‘Execu- (A) by inserting ‘‘be entitled to’’ between Science and Technology Policy, in consultation tive branch on’’ in paragraph (4)(A); and ‘‘shall’’ and ‘‘receive’’; with other relevant agencies, shall prepare a re- (F) by amending paragraph (4)(B) to read as (B) by inserting ‘‘, including traveltime,’’ port analyzing what steps would be needed to— follows: after ‘‘Foundation’’; (1) reduce by 10 percent the proportion of Fed- ‘‘(B) to the interagency committees and panels (C) by striking ‘‘the rate specified for the eral assistance to institutions of higher edu- of the Federal Government concerned with daily rate for GS–18 of the General Schedule cation that are allocated for indirect costs; and science and technology.’’; H1814 CONGRESSIONAL RECORD — HOUSE April 24, 1997 (5) in subsection (d), as so redesignated by (b) NOTICE OF REORGANIZATION.—The Direc- Over 68 percent of our national parks, paragraph (3) of this subsection, by striking tor shall provide notice to the Committees on preserves, and monuments have been ‘‘subsection (d)’’ and inserting in lieu thereof Science and Appropriations of the House of designated as United Nations World ‘‘subsection (c)’’; and Representatives, and the Committees on Labor Heritage sites, Biosphere Reserve or (6) by amending subsection (f), as so redesig- and Human Resources, Commerce, Science, and nated by paragraph (3) of this subsection, to Transportation, and Appropriations of the Sen- both. There are currently 47 of those read as follows: ate, not later than 15 days before any major re- sites in the United States, covering an ‘‘(f) SPONSORSHIP.—The Director of the Office organization of any program, project, or activity area the size of Colorado. Under the of Science and Technology Policy shall be the of the Foundation. relative agreements, the United States sponsor of the Institute.’’. SEC. 210. SENSE OF CONGRESS ON THE YEAR 2000 is promising to manage lands in ac- (b) CONFORMING USAGE.—All references in PROBLEM. cordance with international guidelines. Federal law or regulations to the Critical Tech- With the year 2000 fast approaching, it is the nologies Institute shall be considered to be ref- Many times local government, private sense of Congress that the Foundation should— erences to the Science and Technology Policy properties are never consulted in these (1) give high priority to correcting all 2-digit Institute. management plans. This is a clear vio- date-related problems in its computer systems to lation of private property rights. The SEC. 207. NEXT GENERATION INTERNET. ensure that those systems continue to operate None of the funds authorized by this Act, or effectively in the year 2000 and beyond; biosphere programs, including the any other Act enacted before the date of the en- (2) assess immediately the extent of the risk to United States Man and Biosphere Pro- actment of this Act, may be used for the Next the operations of the Foundation posed by the gram, have never been authorized by Generation Internet. Notwithstanding the pre- problems referred to in paragraph (1), and plan any Congress, never been authorized, vious sentence, funds may be used for the con- and budget for achieving Year 2000 compliance but still received this past year and tinuation of programs and activities that were for all of its mission-critical systems; and this year will receive over $700,000 of funded and carried out during fiscal year 1997. (3) develop contingency plans for those sys- SEC. 208. LIMITATIONS. taxpayers’ money. tems that the Foundation is unable to correct in The National Science Foundation (a) PROHIBITION OF LOBBYING ACTIVITIES.— time. None of the funds authorized by this Act shall distributed more than $400,000 in grants SEC. 211. NATIONAL OCEANOGRAPHIC PARTNER- be available for any activity whose purpose is to SHIP PROGRAM. to this unauthorized program despite influence legislation pending before the Con- The National Science Foundation is author- the fact that the program has never gress, except that this subsection shall not pre- ized to participate in the National Oceanic Part- had a consideration or vote in Congress vent officers or employees of the United States nership Program established by the National and has never been approved by a body or of its departments or agencies from commu- Oceanic Partnership Act (Public Law 104–201). of the Congress. nicating to Members of Congress on the request SEC. 212. BUY AMERICAN. Mr. Chairman, I think it is important of any Member or to Congress, through the for us to recognize that if we are going proper channels, requests for legislation or ap- (a) COMPLIANCE WITH BUY AMERICAN ACT.— propriations which they deem necessary for the No funds appropriated pursuant to this Act may to balance our budget, the one thing efficient conduct of the public business. be expended by an entity unless the entity that has to happen is that the Congress (b) LIMITATION ON APPROPRIATIONS.—No sums agrees that in expending the assistance the en- has to decide whether or not we are are authorized to be appropriated to the Direc- tity will comply with sections 2 through 4 of the going to authorize programs. If we are tor for fiscal years 1998 and 1999 for the activi- Act of March 3, 1933 (41 U.S.C. 10a–10c, popu- going to authorize programs, then we ties for which sums are authorized by this Act, larly known as the ‘‘Buy American Act’’). (b) SENSE OF CONGRESS.—In the case of any ought to fund them. But if we are not unless such sums are specifically authorized to going to authorize programs, we should be appropriated by this Act. equipment or products that may be authorized (c) ELIGIBILITY FOR AWARDS.— to be purchased with financial assistance pro- not let other agencies do our job in- (1) IN GENERAL.—The Director shall exclude vided under this Act, it is the sense of Congress stead. from consideration for grant agreements made that entities receiving such assistance should, in The fact is, is there are over 15 dif- by the Foundation after fiscal year 1997 any expending the assistance, purchase only Amer- ferent Government agencies that are person who received funds, other than those de- ican-made equipment and products. contributing moneys for other purposes scribed in paragraph (2), appropriated for a fis- (c) NOTICE TO RECIPIENTS OF ASSISTANCE.—In to the biosphere program. It is my feel- cal year after fiscal year 1997, under a grant providing financial assistance under this Act, ing and many others that this should agreement from any Federal funding source for the Director shall provide to each recipient of the assistance a notice describing the statement not happen, that it gives away a re- a project that was not subjected to a competi- sponsibility of Congress, that in fact tive, merit-based award process. Any exclusion made in subsection (a) by the Congress. being unauthorized, and also invades from consideration pursuant to this subsection The CHAIRMAN. Are there any the personal property rights of those shall be effective for a period of 5 years after the amendments? person receives such Federal funds. people who own land around these (2) EXCEPTION.—Paragraph (1) shall not AMENDMENT NO. 1 OFFERED BY MR. COBURN parks and reserves. apply to the receipt of Federal funds by a per- Mr. COBURN. Mr. Chairman, I offer The Committee on Science, it also son due to the membership of that person in a an amendment. should be noted that we did vote to class specified by law for which assistance is The CHAIRMAN. The Clerk will take out money out of NASA that was awarded to members of the class according to a designate the amendment. used for this very purpose on a voice formula provided by law. The text of the amendment is as fol- (3) DEFINITION.—For purposes of this sub- vote in the Committee on Science section, the term ‘‘grant agreement’’ means a lows: markup. All we are doing is extending legal instrument whose principal purpose is to Amendment No. 1 offered by Mr. COBURN: the same guidance to the National transfer a thing of value to the recipient to Page 6, after line 11, insert the following Science Foundation as was given to carry out a public purpose of support or stimu- new section: NASA. lation authorized by a law of the United States, SEC. 104. UNITED STATES MAN AND THE It would be my request that this body and does not include the acquisition (by pur- BIOSPHERE PROGRAM LIMITATION. consider this amendment in the spirit chase, lease, or barter) of property or services No funds appropriated pursuant to this Act in which it is given: No. 1, in terms of for the direct benefit or use of the United States shall be used for the United States Man and fiscal responsibility we should not be Government. Such term does not include a coop- Biosphere Program, or related projects. erative agreement (as such term is used in sec- giving moneys to unauthorized pro- Mr. COBURN. Mr. Chairman, this grams; No. 2, especially programs that tion 6305 of title 31, United States Code) or a co- amendment is very simple. What it operative research and development agreement violate the very spirit of freedom and (as such term is defined in section 12(d)(1) of the does is limit the amount of money that control of personal property rights Stevenson-Wydler Technology Innovation Act of the NSF can spend for the United that our citizens enjoy. 1980 (15 U.S.C. 3710a(d)(1))). States Man and Biosphere Program and I would ask concurrence from other SEC. 209. NOTICE. related projects. Members in this body on this. (a) NOTICE OF REPROGRAMMING.—If any It is important that the people recog- Mr. BARCIA. Mr. Chairman, I rise in funds authorized by this Act are subject to a re- nize that the Biosphere Reserve and opposition to the amendment of the programming action that requires notice to be World Heritage sites are under the gentleman from Oklahoma. provided to the Appropriations Committees of guidance of the United Nations Edu- I would just like to make a few brief the House of Representatives and the Senate, cational, Scientific and Cultural Orga- points. I would like to point out that notice of such action shall concurrently be provided to the Committee on Science of the House nization also known as UNESCO. The the NSF’s contribution to the Man and of Representatives and the Committees on Labor United States withdrew from that Or- Biosphere Program is $50,000 a year, and Human Resources and Commerce, Science, ganization in 1984 because of gross fi- provided through an interagency trans- and Transportation of the Senate. nancial mismanagement. fer to the State Department. NSF April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1815 funds pooled with other agency funds The same arguments that I gave way, shape or form. The amount of are used to support five to six projects against using NSF funds for this pot money involved is minuscule. The at about $200,000 each. Research grants are valid for NASA funds. I think it $50,000, for example, that may be spent are peer reviewed and then approved by was probably an oversight that he was by the National Science Foundation is the executive committee of the Man not able to offer the similar amend- so ridiculously small that it would be and Biosphere Program comprised of ment to the NSF bill. This simply cor- normally unobservable. The money about 15 agency officials, including a rects the oversight, makes the Con- spent, adding up as I understand it to person from the NSF. gress consistent in both NSF and less than a million dollars by other I would like to also point out that all NASA, and I would urge support of the agencies, is research money either for NSF moneys are used only for research gentleman from Oklahoma’s amend- the agency or by a university research purposes, not to acquire additional ment. group or some other group that wants land. The issue of the United Nations Mr. BROWN of California. Mr. Chair- to use these reserves to establish cer- perhaps having influence or control or man, I move to strike the last word. tain environmental research findings authority over U.S. lands, private and Mr. Chairman, I had hoped that we that would be useful to everybody in public, is completely false. Neither the would not get involved in a lengthy de- the world over a period of time. United Nations nor any other inter- bate over this amendment, and I would So I very strongly urge that this national body has any authority over only like to make a few brief state- amendment be defeated, and I even any public or private U.S. lands which ments to amplify on some of the things more strongly urge that the individual have received recognition as a bio- that the gentleman from Michigan [Mr. who authored it, the gentleman for sphere reserve. Only voluntary guide- BARCIA] has already said. I really whom I have great respect, would take lines exist for biosphere reserves. No would like to urge the author of this the time to understand the full impli- international biosphere reserve treaty amendment to spend a little more time cations of this program and the value or biosphere reserve convention exists. in becoming acquainted with the re- that it contributes on a global basis to In 1995, many managers from bio- search purposes of this program. I research that will benefit all of us in sphere reserves around the world, rep- think that as a professional who under- this country. resentatives of conservation groups stand the importance of research, he Mr. Chairman, I rise in opposition to this and scholars met in Seville, Spain, to would be able to understand the signifi- amendment which would gut one of our most set some voluntary framework for cance of this international network of successful international environmental pro- international science and conservation preserves which maintain in a condi- grams. I would like to briefly describe what the cooperation. Among those documents tion that can be used for study and re- Man and the Biosphere Program does and were the Seville Strategy for Biosphere search areas around the globe which what it does not do. The Man and the Biosphere Program is a Reserves and the statutory framework have a unique ecosystem niche or coordinated research mainly carried out by for the World Network for Biosphere which protect a unique ecosystem university research grants. The objective is to Reserves. No statutory law or treaty niche of one sort or another. This study representative ecological systems and exists, nor is any being contemplated means that in these protected areas compare regional results with studies else- or proposed for this network. over periods of time we can observe the impact of what human beings are doing where both in the United States and world- b 1200 on a global basis to specific kinds of wide. In order to carry out the program, study Mr. SENSENBRENNER. Mr. Chair- areas, particular specific environ- areas called biosphere reserves have been man, I rise in support of the amendments, which may have great value to designated within the United States and in other participating countries that reflect the ment that has been offered by the gen- us over the years. tleman from Oklahoma [Mr. COBURN]. I That is the reason that we have this unique ecological systems that need to be ex- think there are two reasons why we voluntary program and whose only pur- amined. As is described by the Congressional Re- should do this. pose really is to establish a basis for search Service, ``Biosphere Reserve recogni- First, the NSF contributes $50,000 for scientific research to study impacts tion does not convey any control or jurisdiction this program. It is a controversial pro- over time of what is happening. Now I over such sites to the United Nations or to any gram, it is a program that has been set honestly believe that the gentleman, if other entity. The United States and/or State up by the United Nations, and as the he would observe the program in more and local communities where biosphere re- gentleman from Oklahoma has stated, detail, would be impressed by the long- serves are located continue to exercise the it has never been voted on by the Con- term value which this program contrib- gress. The question is whether or not same jurisdiction as that in place before the utes. designation.'' Thus there is no question that we can spend $50,000 on better research Now I understand that it has become this is not a property rights issue, nor an inter- than this. I think we can. There is the controversial. I regret that that has national plot to take over U.S. lands. secretariat in the State Department been the case. But the controversy is Yet, sadly, there remains a uniformed opin- that is supposed to coordinate all of not in my opinion over the merits of ion among some that has transformed itself this money. It seems to me that there the program. The controversy is over into an irrational fear over the loss of U.S. are a lot of people on the payroll, there the fact that some people, and I mean sovereignty. There has been a great many in- is an awful lot of traveling around. no disrespect to these people, feel that accurate and groundless anecdotes about this That is not research in my mind. What this is a conspiracy or a plot by the program that I am certain could be corrected is research is the type of stuff that the United Nations to take over the United given enough time today. NSF can do inhouse with peer review States or something of that sort. Now, This would not be a very wise use of our grants to our universities, to our high if one believes in this fantasy, then one time however. I will just make a few general schools, to our research institutions in of course wants to strike out at any- comments about this issue. the United States of America. thing involving the U.N., and this is The idea that the United Nations is taking So it is a question of whether we one of those programs which is a U.N.- over U.S. lands, public and private, is com- want to spend the money on Man and sponsored program which they might pletely false. No international treaty or conven- the Biosphere or whether we want to want to do. tion exists that even remotely affects U.S. sov- spend the money on the other very But as has already been mentioned, ereignty. worthwhile NSF research projects. I there is nothing here which provides The designation of a biosphere reserve vote for spending the money on the the U.N. any authority whatsoever does not have any effect on the status, use, other worthwhile NSF research over any territory of the United or value of non-Federal lands. There is abso- projects. States. These biosphere reserves are of- lutely no evidence that any restrictions have Second, the gentleman from Okla- fered voluntarily as study sites within been placed on any private lands in the vicin- homa raises a very good point. The the framework of this U.N. program. ity of a biosphere reserve because it was a re- committee did offer, or did adopt, an They can withdraw at any time, any serve. For an area to be nominated as a re- amendment that he offered to the time. There is no loss of local, State or serve, such an area must already have legal NASA bill that prohibits NASA funds Federal control over these biospheres, protection as a protected area, area of man- from being contributed into this pot. no part of the law is changed in any aged use, wilderness area, or research natural H1816 CONGRESSIONAL RECORD — HOUSE April 24, 1997 area. There have been no new restrictions times people are attracted to projects words, and I rise in support of the placed on such lands. that have a lot of publicity and are amendment. Biosphere reserves will not circumvent the trendy projects, and I hate to say this, Mr. Chairman, the Coburn amend- Constitution or infringe on the laws enacted by but it appears to be from what I read ment would prohibit the National Congress. The Federal or State agencies re- about the biosphere program that it is Science Foundation from distributing sponsible for biosphere protected areas are all a trendy project, but it does not make grants from the U.S. Man and Bio- the agencies we have jurisdiction over, there any sense to me what I read about it, sphere Program which is the mecha- is no new authority conveyed by the Man and and I think that there are other ways nism the United Nations uses to study the Biosphere Program. that we could spend taxpayers’ dollars and designate biosphere reserves in the Finally, Mr. Chairman, opponents of the that would be much more beneficial, United States. Man and the Biosphere Program have as- like making sure no money is spent on Mr. Chairman, few Americans really serted that U.N. troops have had a firsthand this sort of looney program. We are en- realize that over the last 25 years in- role in establishing control over these bio- suring that those dollars will be spent creasingly large amounts of Federal sphere reserves, U.N. roadblocks have been on something a little bit more sub- land have been designated for inter- set up, that some secret international conspir- stantive. national land use programs such as the acy called Agenda 21 exists for seizing con- Mr. Chairman, I yield the balance of biosphere reserves. I would like to lay trol, and so on. These charges would be my time to the gentleman from Okla- out some facts about this program. laughable if it were not for the tragic con- homa [Mr. COBURN]. Here in the United States a total of sequences that this type of paranoia has bred Mr. COBURN. Mr. Chairman, I thank 47 sites in the United States have been over the past year. the gentleman for yielding. I just designated already as U.N. biosphere I hope that we take a rational and moderate thought I would give us a rundown of reserves with virtually no congres- view toward this issue today and defeat this where the $700,000 came from last year sional oversight and no congressional amendment. The opponents of the Man and so we can all know where it came from hearings. The Biosphere Reserve Pro- the Biosphere Program simply have not met since none of this was authorized and it gram is under the jurisdiction of the the burden of proof that it is part of a conspir- came from several different agencies. U.N. Educational, Scientific, and Cul- acy or that it in any way has affected property The Air Force gave $50,000. That is tural Organization, commonly referred rights. I urge my colleagues to vote no on the really defense of our country. The Bu- to as Unesco. Now it is very, very im- amendment. reau of Land Management gave $20,000; portant to note that the United States Mr. COBURN. Mr. Chairman, will the the EPA gave $18,000; the Forest Serv- actually pulled out of Unesco in the gentleman yield? ice gave $75,000; the National Biologic mid-1980’s because of gross financial Mr. BROWN of California. I yield to Service gave $30,000; the National Park mismanagement, at the urging of our the gentleman from Oklahoma. Service, $60,000; NASA, $50,000; NOAA, President, Ronald Reagan. Mr. COBURN. Mr. Chairman, I would $50,000; the National Science Founda- Mr. Chairman, in addition, there is just say to the gentleman I have read tion, $50,000; the Peace Corps gave no formal international agreement everything available to use on this pro- $11,000 of their budget to the Project concerning biosphere reserves, and I gram. The people I represent whole- Man and Biosphere. The State Depart- think that is very important to note heartedly disagree with this program. ment gave $240,000 of their money to when we are trying to appropriate sev- Even though it does have benefits they the biosphere program last year. The eral hundred thousand dollars. The still disagree, and that even though a State Department; I am having trouble U.S. program operates without legisla- ridiculously small amount like $700,000 connecting what that has to do with tive direction and is not authorized by in terms of what we spend does seem the State Department in terms of pro- Congress. The U.S. biosphere reserves small, but when the average family in- tecting that. USAID, which is not quite now proximate an area the size of the come in the district is $13,000, that is a biosphere, it gave $60,000. We spent State of Colorado, the eighth largest tremendous amount of money, and $7,000 in Denmark out of this money, State in the Nation. A biosphere re- when we are trying to balance a budget we spent $11,000 on the European mar- serve is a federally zoned and coordi- and not take money from our grand- ket, we spent $11,000 in the Mexican nated region consisting of three areas children, $700,000 on an unauthorized biosphere project, and we spent $23,000 or zones that meet certain minimum project is a tremendous amount of in the Russian biodiversity informa- requirements established by the United money. tion project. Nations. The inner or most protected Mr. ROHRABACHER. Mr. Chairman, So I guess the question comes is if area, the core zone, is usually Federal I move to strike the requisite number this is a legitimate project, let us bring lands, but the outer two zones contain of words. it through the Congress, let us bring it non-Federal property, and that means Mr. Chairman, I would just like to through the Committee on Science, let an encroachment, an imposition, of put my strength or my convictions or us authorize it and then put the money rules and regulations again into pri- my words behind my colleague from there. Let us not let bureaucrats decide vate property. By allowing these inter- Oklahoma who is watching out for the how we are going to fund something national land use designations, the taxpayers’ interests. As my colleagues that we may think is right, and all we United States promises to protect des- know, sometimes we get so involved are asking with this amendment is ignated areas and regulate surrounding with the big picture that we miss some that we not fund money for an unau- lands if necessary to protect the des- of the details, and when talking about thorized project, and if it has merits, ignated areas. Honoring these agree- the details in Washington, DC, we are let it stand on its own merit and go ments forces the Federal Government talking about hundreds of thousands through the process that any other to prohibit or limit some uses of pri- and millions of dollars that slip right thing in this Congress is supposed to vate lands outside the internationally on by and end up being spent on what do. That means come through the com- designated area unless our country most Americans would think are loo- mittee process, be authorized and be wants to break a pledge to other na- ney programs. And I have to say that I voted on by both Houses of Congress, tions. The Federal regulatory actions honestly believe that this biosphere and get the money. that result have a potential of causing program is one of those looney pro- Mr. ROHRABACHER. Mr. Chairman, a significant adverse impact on the grams for which we could have better I would compliment my colleague from value of private property and on the spending in other NSF research pro- Oklahoma [Mr. COBURN]. While a short local and regional economy surround- grams, and it would be much better to time here, he has become a champion ing these areas. Also disturbing is that have this money that is being spent for of the taxpayers and watching for these the designation of biosphere reserves what I consider also to be. little things that might sneak by the rarely involves consulting the public As my colleagues know, one of the rest of us, and we really appreciate his and the local government. In fact, things when I came up here, and I will diligence on this issue and other issues, Unesco policy apparently discourages just be very honest about it, is, yes, we I might add as well. an open nomination process for the have a situation where all political Mrs. CHENOWETH. Mr. Chairman, I designation of these lands for biosphere people, we are all elected, and some- move to strike the requisite number of reserves. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1817 b 1215 point No. 1, and the research that has noia about this, but why should there In their operational guidelines, in been authorized does not infringe upon not be if we are funding it and not UNESCO’s own operational guidelines property rights. I think that this ought bringing it for authorization? for the implementation of the World to be emphasized. So I would say we understand that it Heritage Convention, it states, and I The biosphere reserve designation does not have anything to do with quote, ‘‘in all cases, as to maintain the does not convey any control or juris- about whether we are environmentally objectivity of the evaluation process diction over such sites of the United friendly or not. The fact is that, if it is and to avoid possible embarrassment to Nations or to any other entity. The a legitimate program, then let us bring those concerned. The State national United States and/or State and local it before the committees, let us author- party,’’ they refer to the United States communities where biosphere reserves ize it and then let us fund it. as the State, ‘‘the State party should are located continue to exercise the Mr. BROWN of California. Mr. Chair- refrain from giving undue publicity to same jurisdiction as that in place be- man, if the gentleman would continue the fact that a property has been nomi- fore the designation, and areas are list- to yield, I want to indicate that there nated inscription pending the final deed only at the request of the country in are some things that we should agree cision of the committee of the nomina- which they are located. These areas on. If the gentleman is willing to admit tion in question.’’ can be removed from the biosphere re- that there is a little paranoia out Now, participation of the local people serve list at any time by a request there, and I have some of it in my dis- in the nomination process is essential from that country. trict, I can assure him, I would be will- to make them feel a shared responsibil- Mr. Chairman, I am reading from a ing to admit that we should authorize ity with the State party in the mainte- CRS report for Congress. I want to add specifically our participation, even nance of the site but should not preju- to that that CRS is not known to lie to though it is a voluntary participation, dice further decisionmaking by the Congress. I am opposed to the amend- in the U.N. Biosphere Program. There committee. ment and urge my colleagues to vote is no reason why we should not put Mr. Chairman, I think that says it against it. that into suitable legislation, and I all. Last year, when the Committee on Mr. SALMON. Mr. Chairman, I move will commit myself to making an ef- Resources held a hearing on this issue, to strike the requisite number of fort to do that as soon as possible. our suspicions about the lack of local words. I rise in support of the amend- Mr. COBURN. Mr. Chairman, I thank involvement were confirmed. We heard ment. the gentleman. testimony from local officials all Mr. Chairman, I yield to the gen- Mrs. EMERSON. Mr. Chairman, I rise in around the country who felt that their tleman from Oklahoma [Mr. COBURN]. strong support of the amendment offered by role in the land management process Mr. COBURN. Mr. Chairman, I would the gentleman from Oklahoma [Mr. COBURN] had been significantly diminished by just like to make one point. I believe it to prohibit National Science Foundation funds these designations. Many of these peo- was a mistake in language, but I would to be used for purposes relating to the U.S. ple did not even know that their prop- like to ask the gentleman a question. Man and Biosphere Program. On behalf of erty and surrounding lands were even This program has never been author- many of my constituents in southern Missouri, being considered for designation until ized by any Congress of the United I commend Mr. COBURN's efforts to prevent fu- final decisions were made. States; is that the gentleman’s under- ture funding for this program. Mr. Chairman, it is clear to me that standing? Mr. Chairman, large portions of my district in biosphere reserve designations give the Mr. CAPPS. Mr. Chairman, if the southern Missouri have been designated by international community an open invi- gentleman would yield, it was before I the Man and Biosphere Program as a pro- tation to interfere in domestic land use got here, but I understand that we au- posed site. Fortunately, after a groundswell of decisions. More seriously, the underly- thorized the research. We did not des- opposition and strong grassroots on the part ing international land use agreements ignate whether the research would of property owners throughout our region, the potentially have several significant ad- take place. proposed Ozark Highlands Man and Bio- verse effects on the American system Mr. COBURN. Mr. Chairman, I would sphere has been dropped. However, that is of government. The policymaking au- ask the gentleman from California [Mr. not to say that future proposals will not thority is further centralized at the BROWN] to please clarify that for me. emerge that could again potentially pose prob- Federal executive branch level, and the Mr. BROWN of California. Mr. Chair- lems for private land owners throughout my role that the ordinary citizen has in man, will the gentleman yield? congressional district and the Nation. the making of this policy through their Mr. SALMON. I yield to the gen- It is important to understand that Congress elected representatives is totally di- tleman from California. has no direct oversight, input, or direction over minished. The executive branch may Mr. BROWN of California. Mr. Chair- this program. It has never been authorized by also invoke these agreements in an at- man, we do have reference to the con- Congress and therefore should not be funded. tempt to administratively achieve an cept of the biosphere reserves. That is Just as important, the public and local govern- action within the jurisdiction of the a U.N. designation. We do not author- ments are rarely consulted. This is wrong and Congress but without consulting Con- ize that. All of the research done with- should not be funded with taxpayers' dollars. gress. in those biospheres is conducted with The U.S. Man and Biosphere Program goes Mr. Chairman, I urge strong support Federal money. That research is au- to the heart of a larger problem in this coun- for this amendment. thorized, however. tryÐthat is land management restrictions for Mr. Chairman, in looking at these facts, it is Mr. COBURN. Mr. Chairman, I thank both our Nation's public and private lands. In particularly distressing that the National the gentleman. That is exactly my fact, many folks would be surprised to know Science Foundation has contributed more than point. We have never as a body in this that within the last 25 years, more and more $40,000 tax dollars to this unauthorized and Congress authorized the U.S. Man and of our Nation's land has become subject to sovereignty threatening program. Biosphere project. We have, in fact, au- international land-use restrictions. Right now, With that in mind, I strongly urge my col- thorized moneys that then have been a total of 67 sites in the United States have leagues to vote in support of this amendment, spent on it for an unauthorized pro- been designated as United Nations Biosphere which will not only stop the expenditure of un- gram. That is exactly why we should Reserves or World Heritage sites. While there authorized Federal funds, but will also help support this amendment and not allow is no current U.N. involvement in our domestic keep the sovereignty of our lands where it be- agencies to spend money on unauthor- land management decisions, we should not be longs; in the people's house. ized projects. establishing additional forums that could even- Mr. CAPPS. Mr. Chairman, I move to Again, I would reemphasize, if this tually lead to international input in our own do- strike the requisite number of words. program has good merits, it should mestic decisions regarding this country's pub- Mr. Chairman, I think there is para- come before the appropriate commit- lic and private lands. noia going on here having to do with a tees of Congress, receive its authoriza- I want to, again, reiterate my strong support fear about Unesco, the United Nations tion and receive its funding. To fund it of the amendment by Mr. COBURN to prohibit and various things; and I think it is any other way is, first of all, inappro- funding for this unauthorized program and ap- completely overblown. The research priate and is deceitful. Yes, there is in preciate his efforts on behalf of private prop- has already been authorized, that is the far Western States certain para- erty owners throughout this country. H1818 CONGRESSIONAL RECORD — HOUSE April 24, 1997 The CHAIRMAN. The question is on where a teacher single handedly opened because they can also make particu- the amendment offered by the gen- up a science a lab with all kinds of larly good use of surplus research tleman from Oklahoma [Mr. COBURN]. trinkets, if you will, that she had gath- equipment and, to a certain extent, The amendment was agreed to. ered from the parents of children, par- computers. The CHAIRMAN. Are there further ents who are involved in the science My hope is that we will donate good amendments? arena who brought different items to equipment and not junk equipment. AMENDMENT OFFERED BY MS. JACKSON-LEE OF her attention and she created a touch- And I think the schools may have to be TEXAS and-see laboratory. Because of that, a bit discriminating as to what they Ms. JACKSON-LEE of Texas. Mr. that will instill in those children the accept, because they may accept great- Chairman, I offer an amendment. opportunity and the desire to be pro- er maintenance liabilities than they The Clerk read as follows: ficient in science and in math, helping think if they are not careful. But there Amendment offered by Ms. JACKSON-LEE of us explore our world and space in the is certainly a noble intent behind the Texas: Page 20, insert after line 18 the fol- 21st century. amendment. I am pleased on behalf of lowing: Further, the benefits have tangible the majority to say that we appreciate SEC. 213. ENHANCEMENT OF SCIENCE AND MATH- results and a better educated citizenry it and are willing to accept it. EMATICS PROGRAMS. graduating from our Nation’s schools, b 1230 It is the sense of the Congress that the Di- universities and graduate schools. Be- rector shall, to the greatest extent prac- Ms. JACKSON-LEE of Texas. Mr. ticable and using existing authority, donate cause of the work done by the National Science Foundation, America will be Chairman, will the gentleman yield? surplus computers and other research equip- Mr. EHLERS. I yield to the gentle- better able to compete in the global ment to elementary and secondary education woman from Texas. schools to enhance their science and mathe- economy of tomorrow. Ms. JACKSON-LEE of Texas. Mr. matics programs. The Director shall report This amendment complements the Chairman, as one of the individuals on annually to the appropriate Committees of National Science Foundation by allow- the committee, being a scientist that I Congress on the Director’s activity under ing them to donate surplus computers admire along with the other scientists this section. and other research equipment to ele- that are there, let me thank the gen- The CHAIRMAN pro tempore (Mr. mentary and secondary educational DIAZ-BALART). The gentlewoman from tleman for that. schools to enhance their science and Let me say that I look forward to Texas [Ms. JACKSON-LEE] is recognized mathematics programs. What better for 5 minutes. having the opportunity in the future to source of this kind of equipment than work on institutions of higher learn- Ms. JACKSON-LEE of Texas. Mr. the cutting-edge agency that deals Chairman, as a relatively new Member ing. One of the aspects of this amend- with science research on a continuous ment is that we ask the agency to re- of this body, I have been very proud of basis? If we are to prepare our children the work of the House Committee on port back to the committee. In that, I for the demands of science and mathe- hope that we can be assured that no Science, both under the leadership of matics in the future, they should be al- the gentleman from California [Mr. junk has been given, and work with the lowed to receive the benefits of feder- agency to ensure that that would not BROWN], my ranking member, and the ally funded programs which are reve- chairmanship of the majority. happen. nue-neutral by using surplus equip- Mr. BROWN of California. Mr. Chair- One of the issues that we have raised ment that may be of benefit to man, I move to strike the requisite as we confront this whole story of the strengthening science and mathe- number of words. 21st century is, will we be prepared and matics programs. Mr. Chairman, I do this not to be- will our children be prepared? With This amendment would direct the labor the amendment, which obviously that in mind, I am very concerned that National Science Foundation to look on both sides we agree to. I would like our schools in the Nation continue to at its equipment and be able to ensure to just indicate how important I think encourage our young people to be in- that our schools, rural and urban it is. It moves us a long way forward in volved expertly, if you will, in science throughout the Nation, have access to making sure that all of our schools do and mathematics programs. There is this very valuable and current sci- have access to the kind of equipment not one of us who has not talked to a entific equipment. Math and science that will help them to cross this bridge 5th grader, a 6th grader, a 9th grader, are key, Mr. Chairman, and I believe into the 21st century. and then maybe an 11th grader or 12th anywhere and anyhow this Congress Mr. Chairman, I specifically want to grader, and we see the progress of can help our children be excited about pay tribute to the gentlewoman from change on the issues of science and math and science and being prepared Texas, who, despite the fact that she is math; the sparkling eyes of the 3rd for the 21st century, we should engage not a scientist, is taking the leadership grader and 4th grader and 5th grader in whatever way possible. role in this whole area of adequate and then the waning interest of maybe Therefore, I ask my colleagues to communication, networks, advanced those in middle school and high school. support me in this amendment. Most of computing equipment, and other things It is extremely important, I believe, all, I ask them to support our children that are so important to education in that we in the Government lend our- by allowing them and giving them en- today’s world. selves to encouraging the study of couragement to participate in science It is remarkable that someone who math and science. and mathematics throughout this Na- does not claim to be a scientist and This amendment responds to that in- tion. have a background in the information terest. In 1997, the number of children Mr. EHLERS. Mr. Chairman, I rise in revolution should be as assiduous as in the United States that enrolled in support of the amendment. she has been in making sure that at public schools between K through Mr. Chairman, I am pleased to say of every opportunity we make some con- eighth grades are 33,226,000. The num- the amendment which has been offered tribution to enhancing our progress in ber of children enrolled in public by the gentlewoman from Texas [Ms. this vital area. I want to commend the schools between grades 9 and 12 are JACKSON-LEE] that the majority is will- gentlewoman for that. 13,299,000. The number of children ening to accept the amendment. It is The CHAIRMAN. The question is on rolled in private schools between K to clear that we need in our elementary the amendment offered by the gentle- 8th grades are 4,547,000, and the number and secondary educational schools woman from Texas [Ms. JACKSON-LEE]. of children between grades 9 and 12 are greater computing ability as well as a The amendment was agreed to. 1,329,000, for a total of 51 million chil- better means of instructing students in The CHAIRMAN. Are there further dren. We have the responsibility to the use of computers, and to the extent amendments? educate our children. that we can assist in the Federal Gov- If not, the question is on the commit- Science has value and importance be- ernment with surplus computers and tee amendment in the nature of a sub- cause of the beneficial applications of other research equipment, it is a great stitute, as amended. scientific finds in the overall economy. step forward. The committee amendment in the It was of great excitement for me to My only comment is that this action nature of a substitute, as amended, was join one of my elementary schools should also extend to higher education agreed to. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1819 The CHAIRMAN pro tempore. Under Mr. EHLERS. Mr. Chairman, I re- the advances that we have made over the rule, the Committee rises. serve my time and defer to the gen- those issues. Accordingly the Committee rose; and tleman from Alabama [Mr. CRAMER]. H.R. 1275 provides funding in fiscal the Speaker pro tempore (Mr. PETRI) Mr. CRAMER. Mr. Chairman, I yield year 1998 to allow NASA to continue having assumed the chair, Mr. DIAZ- myself such time as I may consume. flight research activities on the shuttle BALART, Chairman pro tempore of the Mr. Chairman, I rise today in support until the Space Station Program be- Committee of the Whole House on the of H.R. 1275, the Civilian Space Author- comes operational. H.R. 1275 also con- State of the Union, reported that the ization Act for fiscal years 1998 and tains a number of tough provisions re- Committee, having had under consider- 1999. I believe this is a good bill and garding the Russian participation in ation the bill (H.R. 1273) to authorize that it is the result of a bipartisan ef- the Space Station Program. Coopera- appropriations for fiscal years 1998 and fort by members of the Committee on tion with Russia in space offers many 1999 for the National Science Founda- Science. benefits to America, but that cooperation, and for other purposes, pursuant I want to congratulate the chairman tion has to be based on each party liv- to House Resolution 126, he reported of the committee, the gentleman from ing up to its commitments. The Space the bill back to the House with an Wisconsin [Mr. SENSENBRENNER], the Station Program that is funded amendment adopted by the Committee chairman of the subcommittee, the through the authorization of this bill of the Whole. gentleman from California [Mr. sends a strong signal to Russia that we The SPEAKER pro tempore. Under ROHRABACHER], as well as the ranking expect them to deliver on their prom- the rule, the previous question is or- member, the gentleman from Califor- ises. dered. nia [Mr. GEORGE BROWN] for their work Turning to space science, I think we Is a separate vote demanded on any in crafting this important piece of leg- do an outstanding job in this piece of amendment to the committee amend- islation. legislation to fully fund the President’s ment in the nature of a substitute This provides for a balanced NASA request for space science. For example, adopted by the Committee of the program, fully funding its critical mis- the bill funds the continued operation Whole? If not, the question is on the sions, and I am pleased that the bill of the Hubbell space telescope, which is amendment. maintains the Congress’ commitment making exciting scientific discoveries The amendment was agreed to. to the Space Shuttle and Space Station that are rewriting science textbooks. The SPEAKER pro tempore. The Programs. These programs are critical In all, H.R. 1275 is a strong bill, and question is on the engrossment and to our Nation’s future in space and are I urge my colleagues to consider this third reading of the bill. the heart of the human space flight en- bill. I have more to say, but I want to The bill was ordered to be engrossed deavor. make sure that I give the chairman of and read a third time, was read the I am sure we will hear a little more the committee the opportunity to dis- third time, and passed, and a motion to about the Space Station Program when cuss this. reconsider was laid on the table. we likely debate what I believe is an Mr. Chairman, I reserve the balance f ill-considered amendment to cancel the of my time. GENERAL LEAVE station program. I believe the gen- Mr. EHLERS. Mr. Chairman, I yield tleman from Indiana [Mr. ROEMER] will such time as he may consume to the Mr. EHLERS. Mr. Speaker, I ask consider offering that amendment gentleman from Wisconsin [Mr. SEN- unanimous consent that all Members again here. SENBRENNER). may have 5 legislative days within I want to focus on many more of the (Mr. SENSENBRENNER asked and which to revise and extend their re- positive provisions of H.R. 1275. This was given permission to revise and ex- marks and include extraneous material bill ensures that the taxpayers’ invest- tend his remarks.) on the bill just passed. ment in the space station is protected. Mr. SENSENBRENNER. Mr. Chair- The SPEAKER pro tempore. Is there We have erected a firewall between the man, I rise today to support H.R. 1275, objection to the request of the gen- funding for the Space Station science the Civilian Space Authorization Act, tleman from Michigan? payloads and the funding for the space which the Committee on Science rec- There was no objection. station’s hardware development. We ommends to the House by a wide bipar- f need to make sure that the station pro- tisan margin. CIVILIAN SPACE AUTHORIZATION gram that we are building is a produc- In fiscal year 1998, this bill provides a ACT, FISCAL YEARS 1998 AND 1999 tive world-class research laboratory, modest 1-percent increase for NASA The SPEAKER pro tempore. Pursu- and I believe this bill goes a long way over its fiscal 1997 appropriated level. 1 ant to House Resolution 128 and rule toward ensuring that that goal is at- For fiscal year 1999 we provide a 1 ⁄2- XXIII, the Chair declares the House in tained. percent increase over the 1997 level. the Committee of the Whole House on We heard through the committee As most of the Members will recog- the State of the Union for the consider- hearing process from many different nize, these increases do not keep pace ation of the bill, H.R. 1275. points of view. We heard loudly from with inflation, so NASA’s real budget the medical research community that continues to fall. Nevertheless, H.R. b 1234 they need the Space Station Program 1275 provides NASA with the stability IN THE COMMITTEE OF THE WHOLE in order to continue to build on the it requires to achieve our national Accordingly the House resolved itself highly effective life and microgravity space goals during this period of de- into the Committee of the Whole House science research that we are already clining budgets. on the State of the Union for the con- conducting on the space shuttle pro- The bill fully funds NASA’s programs sideration of the bill (H.R. 1275) to au- gram. and scientific research and includes thorize appropriations for the National We heard from many witnesses about modest increases in space science data Aeronautics and Space Administration advances that are being made with in- analysis to correct NASA’s failures to for fiscal years 1998 and 1999, and for fectious disease, combatting that, ad- adequately fund its science investiga- other purposes, with Mr. DIAZ-BALART vances that are being made in treating tions. in the chair. particular kinds of cancers, diabetes, The bill also contains funding to take The Clerk read the title of the bill. other issues as well, that cannot go our reusable launch vehicle programs The CHAIRMAN. Pursuant to the much further here on Earth, they need to the next level, a generation beyond rule, the bill is considered as having the Space Station Program in order to the X–33 program. X–33 remains our been read the first time. get there. first priority, but this new investment Under the rule, the gentleman from This research has real potential for in another X plane concept ensures Michigan [Mr. EHLERS] and the gen- commercial development, and I hope that the Nation has options for the fu- tleman from Alabama [Mr. CRAMER] those new Members of Congress that ture of its space transportation capa- each will control 30 minutes. may be somewhat reserved about our bilities. The Chair recognizes the gentleman investment in the Space Station Pro- I would like to turn now to the bill’s from Michigan [Mr. EHLERS]. gram will listen during this debate to international space station provisions. H1820 CONGRESSIONAL RECORD — HOUSE April 24, 1997

As my colleagues are aware, the Clin- has caused a partial evacuation of one CRAMER] and I have been working for ton administration invited Russia to of the modules of Mir. It does not place our country’s space efforts to make join the international space station in our astronauts in a life-threatening sit- sure that America has the number one 1993. uation at the present time, but this is space effort in the world. We have put At the time Congress was skeptical the latest in a long line of safety prob- together a package today, and I am that Russia would make a good partner lems, because the Mir space station has very, very pleased with the cooperation based upon the instability associated outlived its useful and functional life, that we have had. I pledge that I will with its transition from communism to and is continuing to be used by the do my very best to keep that level of democracy and capitalism. But the ad- Russians. cooperation going. ministration made a lot of promises, The bill is a good package of policy I would also like to thank, in pass- arguing that the Russians would never initiatives that will put the space sta- ing, the gentleman from Florida [Mr. let their space program fall into dis- tion back on the right track when it WELDON], who is the subcommittee’s repair, and that we would not be de- comes to dealing with Russia. We are capable and active vice chairman, who pendent upon the Russians for the suc- not imposing a solution on the admin- has probably been more active than cess of the international space station. istration, at least not yet. We are not any vice chairman of any subcommit- As most of us know, those promises imposing a solution because the com- tee that I have ever been a member of. have been broken. This does not mean mittee still hopes to work with the So we thank the gentleman from Flor- that we should walk away from the White House to come up with a na- ida [Mr. WELDON] as well. space station. Its potential to radically tional solution to this problem. Because we do not yet have a budget improve our knowledge of human phys- But we are imposing a decision-mak- resolution, this year, this bill’s funding iology, plant and animal biology, ing process with deadlines that will levels are based on the Committee on microgravity, and material science has force the administration to resolve this Science’s views and estimates which been demonstrated time and time problem, and to prevent a hemorrhage call for strengthening our Nation’s re- again on the space shuttle and in testi- of more U.S. taxpayer funds from being search and development investments mony before the Committee on unnecessarily used because delaying while pursuing the bipartisan goal of Science. Congress has been right and the problem’s resolution will simply balancing the budget. Actually this bill proper in continuing its support for the increase costs. provides a mere 1.25 percent increase, that is a 11⁄4 percent increase in the international space station, and I hope b 1245 it continues to do so today. funding for NASA over last year, over We have been consistent and passed This reason alone is enough to war- fiscal year 1997 levels. That is less than funding for the space station in the rant continuing bipartisan support for inflation. We do that while holding the last Congress by 140 vote margins. Our H.R. 1275. other two agencies basically constant. mistake, which we were obligated to Mr. Chairman, I yield such time as he This bill reflects funding priorities make, was to place any faith in the ad- may consume to gentleman from Cali- set by the Committee on Science and ministration’s promises. H.R. 1275 fixes fornia [Mr. ROHRABACHER], chairman of its Subcommittee on Space and Aero- that problem. the subcommittee. nautics over the last several years. In committee, the gentleman from Mr. ROHRABACHER. Mr. Chairman, Over the last several years, obviously, California [Mr. BROWN] and I offered an I rise today in strong support of H.R. both parties have been in a leadership amendment that imposes a decision 1275, the Civilian Space Authorization position in these committees. We process on the administration relative Act of 1997. strongly support human space flight, to the Russian problem and the space This bill authorizes appropriations in space science and the aeronautics and station. That amendment was adopted fiscal years 1998 and 1999 for and pro- space technology efforts which will by a unanimous division vote of 25 to vides policy direction to the National keep American industry number one nothing. Aeronautics and Space Administration, and open the frontier of space to com- Briefly, we prohibit paying Russia for the Office of Commercial Space Trans- mercial enterprise. its commitments to the international portation in the Federal Aviation Ad- With a few exceptions, we have ap- space station. They have to pay for ministration, and the Office of Space proved the President’s budget request that themselves. United States tax- Commerce in the Department of Com- for NASA. It is a greatly improved payers’ money will not be used to pay merce. budget submission over the one he for what the Russians promised to Mr. Chairman, just as our Nation’s made for fiscal year 1997, especially build. efforts are helping to open up Ameri- with regard to the outyears. In two Second, we put an end to the admin- ca’s next frontier, this bill makes pio- areas, we have added the funds nec- istration’s practice of dissembling, de- neering strides in bipartisanship, in essary to achieve high priority goals. nying, and ducking problems by forcing funding vital scientific and techno- In others, we have made small reduc- NASA to develop a contingency plan logical research, and in promoting our tions or limitations on the use of and time line for deciding whether or Nation’s emerging commercial space funds. not to remove each Russian piece of enterprises. NASA Administrator Goldin has re- hardware in the critical path. I would like to thank the gentleman peatedly stated to the Congress and au- Third, we require NASA to certify from Wisconsin [Mr. SENSENBRENNER], diences all over the country that his each month that the Russians are, or my chairman, for his leadership on the highest goal after preserving the safety are not, living up to their obligations, space issues within this bill and his of the space shuttle flight program is so the administration cannot spring help in my efforts to prepare this bill. dramatically reducing the cost of surprises on us and pretend it did not I would also like to thank the ranking transporting people and cargo into know what was going on. member of the full committee, the gen- space. NASA has made an excellent Fourth, we require the President to tleman from California [Mr. BROWN], start in that direction with the X–33 certify by August 1 that he will or will who has been a guidepost for the rest of Program and its smaller sibling, X–34 not baseline the Russian elements in us and made major contributions as Program. We are fully funding those the Space Station’s design. well. The gentleman from California programs and indeed specifically au- Finally, long-term stays by our as- [Mr. BROWN] is a good friend and has thorizing the X–33 Program. tronauts on the Russian Mir space sta- contributed a great deal to this, as has Unfortunately, the NASA budget tion require an independent review of the gentleman from Wisconsin [Mr. only has funds to develop and flight the Mir to determine whether it meets SENSENBRENNER]. test one concept for the X–33. NASA or exceeds U.S. safety standards. We I might add that the gentleman from has indicated both in testimony and di- cannot risk our astronauts on Mir just Alabama [Mr. CRAMER] and I have de- rect conversations with me and my to save Russia’s dignity or to allow the veloped a relationship that some Mem- staff that they wish to pursue addi- administration to remain in denial. bers probably thought was impossible tional X-vehicles in the future to con- I would point out that there is cur- for a partisan guy like me to do. But tinue pushing down the cost of space rently a leak of antifreeze on Mir that the gentleman from Alabama [Mr. transportation. This bill uses most of April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1821 our increase over the President’s re- high-technology jobs here in America, sensing data to more cheaply meet the quest to fully fund a different competi- using private capital in doing so, it is needs of the Mission to Planet Earth tively chosen X-vehicle by using the vital that the Government can provide Program. We strongly state our com- most advanced technologies possible as a stable and streamlined regulatory mitment to move from Government-op- a complementary follow-on to X–33. and positive business environment for erated space launch vehicles to the This will provide technical redun- this emerging space industry. purchase of commercially provided dancy to the X–33 in case that program That is why President Reagan cre- launch services, including the possible fails, and it will enable downstream ated the Office of Commercial Space option of a privatized shuttle fleet. And competition in the reusable launch ve- Transportation and the Office of Space we place in statute a very important hicle industry, should the X–33 pro- Commerce. This bill funds and directs provision of the President’s national gram succeed. the Office of Commercial Space Trans- space policy, mandating the purchase It also will accelerate the drive to- portation, now part of the Federal of, and preventing NASA competition ward cheap access to space and not in Aviation Administration, to license with, commercially available space the long run but in the medium run commercial space transportation vehi- goods and services. save the taxpayers not only millions of cles and spaceports. We also fully fund In closing, let me say a few more dollars but billions of dollars by bring- and permanently establish the Office of words about the bipartisanship that we ing down the cost of getting into space Space Commerce in the Department of have enjoyed over these last few and making sure that as we explore Commerce, which promotes the growth months and how critical that has been and utilize space for national and all of current and emerging new commer- to this legislation. the purposes of mankind, that it not cial space activities. Our Nation’s space efforts have been be, that the cost is not so high simply As I said earlier, this bill provides and should remain bipartisan in nature because the transportation costs are significant policy direction as well as and bipartisan in their support. high. authorizing appropriations. That direc- But the world is changing. The cold Another goal of the subcommittee for tion boils down to two important war that motivated our earlier space NASA is preserving steady funding for themes: ensuring NASA’s accountabil- efforts has long since gone. Our space scientific research. We are providing ity in the spending of nearly $14 billion program and our policies concerning some small increases to the space each year in taxpayer funds and im- space must change as well. Bureauc- science accounts in this bill, particu- proving the cost effectiveness of all racies do not like change and they larly for the analysis of data coming Government civil space spending. often use partisan differences to keep back from science missions and also for Regarding accountability, this bill the legislative branch from promoting initiatives like asteroid detection and gives NASA four major directives. positive reforms. We have in these last NASA participation in the Air Force’s First, in the International Space Sta- few months forged a solid bipartisan Clementine II asteroid intercept mis- tion Program, the Congress should be coalition which will permit us to make sion. We also increase and specify fund- better informed as to the thinking be- sure the taxpayers are getting their ing for life and microgravity sciences hind and the commercial impact of the money’s worth and that America will and applications, an area with tremen- international hardware barter agree- remain the No. 1 Nation in space, the dous potential to improve our daily ments NASA is negotiating with var- No. 1 space power on this planet. lives here on earth and also an area ious foreign entities. The great achievement of this bill is which the gentleman from Alabama Second, we want to make sure that that the funding priorities and policy [Mr. CRAMER] in his remarks detailed as NASA consolidates its nonshuttle direction we have set are supported by for us that we learned during our hear- operational contracts and moves those both policies. Together we are saying ings of the tremendous potential of activities more into the private sector, that the reason we are funding the this life and microgravity sciences. that NASA fully consider and inform space station is to do scientific re- Again, I would like to thank the gen- the Congress regarding the issues of search and to promote commercial op- tleman from Alabama [Mr. CRAMER] for competition and fixed-price versus portunities. Together we are saying the positive role he played in those cost-plus-fee contracting. Third, we di- that the space shuttle should be up- hearings and in relating that potential rect NASA to pursue independent cost graded to improve safety. Together we to us here today. analysis of its programs which include are saying that cheap access to space is Perhaps the most well-known pro- all costs to the taxpayers. a critical goal which deserves addi- gram in the bill is the International Finally, we direct NASA to provide tional funding. Space Station Program which we are the Congress with a detailed report on Together we are saying that the fully funding at the President’s request the status of the Earth Observing Sys- space commercialization offers tremen- so it will enable vital science and help tem data information system. Of dous opportunities for creating new open new frontiers to American free course, all of us on the committee and jobs and industries without increasing enterprise. Of course, the space station in this body want to ensure that our and in fact in some instances decreas- program is currently facing the chal- constituents’ tax dollars are spent as ing the actual funding level that we lenge of a lack of funding from the effectively as possible, particularly as have to deal with. So today I would ask Russian Government for their share of we drive toward a balanced budget in my colleagues to join me in strong sup- the hardware. The Subcommittee on the year 2002. port for H.R. 1275. We have found it in Space and Aeronautics held an excel- So for civil space, like all other so- our abilities to work together, and I lent hearing on April 9 which discussed called discretionary programs, the Con- am sure we will continue this coopera- both the problems with the Russian gress and the administration must tion throughout this session. partnership and the great importance work hard to continually improve and Mr. CRAMER. Mr. Chairman, I yield of completing the space station on reform the cost effectiveness of all such time as he may consume to the schedule for scientific and commercial Federal space activities. To that end, gentleman from California [Mr. reasons. this bill does several things to improve Brown], former chairman of the full On April 16, the committee adopted both efficiency and effectiveness of the committee, ranking member of the full without a single opposing vote a bipar- taxpayers’ investment. committee, and strong advocate for tisan amendment by the gentleman We include an initiative to improve NASA. from Wisconsin [Mr. SENSENBRENNER], NASA procurement of new technology. Mr. BROWN of California. Mr. Chair- and the ranking member, the gen- We direct NASA to actively pursue the man, I thank the subcommittee rank- tleman from California [Mr. BROWN], greatest possible commercial participa- ing member for yielding me this time. which imposes a responsible decision- tion and use of the International Space Of course, I would also like to rise in making process on the administration Station Program. We direct NASA to support of H.R. 1275. I want to particu- for solving this problem. purchase space science data from com- larly note the contribution that the Now, this bill does not just fund mercial providers. We fund a continu- chairman of the subcommittee, the NASA. As commercial space activities ing program at the Stennis Space Cen- gentleman from California [Mr. continue to grow, creating high-wage, ter to purchase commercial remote ROHRABACHER] has made. Much of the H1822 CONGRESSIONAL RECORD — HOUSE April 24, 1997 detail of this bill reflects his consider- Mr. Chairman, I am going to just these at this modest level in order to able input and his commitment to the comment very briefly about a couple of achieve the additional degree of protec- space program. items that have already been mention which we could conceivably b 1300 tioned. achieve at this point. The amendment which the chairman So for these and many other reasons, I think all of my colleagues have no- and I jointly offered with regard to I am strongly supportive of this bill. I ticed that the gentleman from Califor- Russian participation is, I believe, both look forward to, of course, another nia [Mr. ROHRABACHER], has made some tough and prudent. We are aware of the fruitful debate on whether or not we changes. Some of these are highly visi- need to have full Russian commitment, ought to continue with the space stable, others are not quite so visible. backed up with Russian dollars, for tion. I trust that will not take up more I, for example, have challenged his those parts of the program that they time than is necessary and we can get description of himself as an active par- have committed themselves to. through with it fairly quickly. tisan by accusing him of becoming a I would like to say that the chairman Mr. Chairman, I would like to rise in support pragmatic statesman. He may not want has been most assiduous, most con- of H.R. 1275, the Civilian Space Authorization me to say that in public, but it does re- scientious in making sure that we were Act, Fiscal years 1998 and 1999. While H.R. flect the fact that he has been able and fully informed as to the problems that 1275 is not a perfect bill, I believe that it rep- has worked very closely with the mi- the Russians were having and the need resents a reasonable bipartisan compromise nority in developing this excellent bill. to correct those problems at the earli- that keeps the Nation's civil space program on Mr. SENSENBRENNER. Mr. Chair- est possible date. course. man, will the gentleman yield? I think it needs to be said that the I am particularly pleased that the bill pro- Mr. BROWN of California. I yield to Russians do face a particularly dif- vides full funding for NASA's programs. It has the gentleman from Wisconsin. ficult period at the present time in been my belief that the Federal Government Mr. SENSENBRENNER. Mr. Chair- their evolution from their former sta- has not been making an adequate investment man, I would say to the gentleman tus as a dictatorship to a form of de- in research and development. If uncorrected, that serving on the Committee on mocracy. That is not, I would say, the consequences of the underinvestment will Science from January 3, 1997, has been U.S.-style democracy, but one in which do serious damage to our long-term national a tremendously maturing process for there is greater participation by the competitiveness. As many of you know, I have all of us. citizens of the country, and so on. That introduced an investment budget proposal that Mr. BROWN of California. Mr. Chair- transition is going to take years and, addresses that concern. NASA's activities are man, reclaiming my time, I would note in the meantime, the Russian Govern- an important part of our Nation's overall Fed- that I completely concur with the gen- ment has severe problems which they eral investment in R&D, and I support H.R. tleman’s statement. need our help in trying to overcome. 1275's strong commitment to funding those Of course I will not belabor all the Having said that, that does not ab- activities. details of this bill, Mr. Chairman, solve them from their responsibility to There are many features of the bill that I which those who have worked more keep their commitments, and it is this could discuss, but I will confine my remarks to closely with it, including the gen- keeping of commitments that is spo- just a few. In particular, I would like to call at- tleman from California [Mr. ken to in the language of the bill which tention to provisions related to the space sta- ROHRABACHER], and the gentleman we have adopted and which I think will tion that were added to the bill by Chairman from Alabama [Mr. CRAMER] have al- be very helpful and will provide a little SENSENBRENNER and myself. ready spoken to or will speak to, but I better guidance to our own Govern- I believe that the provisions governing the would like to point out, just to empha- ment in terms of how to operate in this Russian participation are tough and prudent. size the fact, that this bill does really kind of a spirit. We have received much of value from our co- represent a critical turning point in I would like to indicate also that operation with Russia to date, and I hope that terms of support and funding for the there are some areas that represent that cooperation will continue. Although I have NASA programs and many of the criti- modest new programs in this bill, so long argued that Russia should not be on the cal components in the national pro- modest I almost hesitate to mention station's critical path, I do not believe that we grams. them. But, for example, with regard to should end Russia's involvement in the Space For example, I have been complain- the Asteroid Program, which the gen- Station Program. ing to no avail now for several years tleman from California mentioned, he Nevertheless, it is important for Russia to that the budget for NASA, and particu- and I both, I suspect, have a back- honor its commitments to the International larly the 5-year outlook, was disas- ground in old science fiction novels in Space Station Program if we are to maintain trous. As late as just last year, the pro- which asteroids collide with Earth. a productive relationship. At the same time, jection was that we would be at about This may not happen for a million we need to ensure that NASA has credible $11 billion per year by the year 2002. years, but, who knows, we ought to be contingency plans in place in the event that That has completely turned around, as prepared even for something that may the Russian contributions are further delayed. has already been remarked by the gen- not occur for quite a period of time. H.R. 1275 establishes a concrete series of tleman from California [Mr. And the steps to take efforts to prepare steps to be taken by NASA and the adminis- ROHRABACHER], and we now appear, al- are so simple, so rudimentary, and so tration to protect our investment in the Space though it is never wise to take too inexpensive that we are hardly justi- Station Program. much for granted, to have stabilized fied in not doing it. It involves a mod- Next, I would note that the bill makes some NASA at a figure of roughly $14 billion, est effort to improve our observation of modest, but important increments to the fund- slightly under $14 billion. incoming asteroids or Earth orbiting for NASA's science programs. These in- I personally do not consider that that crossing asteroids as well as comets or clude funds for the analysis of the data re- gives sufficient weight to the many di- whatever else may be out there. turned from the incredibly productive science verse contributions that NASA makes For a modest $1 or $2 million per year missions that have been undertaken over the to the future of this country, both in we can substantially increase our level last several years. In addition, the bill provides terms of scientific productivity but as of observation to the point where we a small amount of additional funding to speed well in our opportunity to be commer- are detecting if not 100 percent, almost the rate at which NASA and the Department of cial leaders in what I believe will be a 100 percent of objects which might be Defense are detecting and cataloging Earth- huge market in space and in space-re- affected. And, of course, programs such crossing asteroid and comets. I believe that lated activities over the near future. I as the Clementine Program and others this investment is a prudent ``insurance policy'' think that a recognition of the impor- that would seek to actually research given the consequences for life on Earth if one tance of this has infused the gentleman ways in which we might alter the path of these bodies would ever impact the Earth. from California and the gentleman of an incoming object at this stage are One area of concern I have with the bill is from Wisconsin, and has encouraged extremely inexpensive. They fit in well language that would hold NASA's innovative them to help us to move toward taking with many programs that the Defense Earth System Science Pathfinder ProgramÐ advantage of these great opportunities Department already has, and we would for which three contracts have already been that we will have in the future. be imprudent not to begin to focus on awardedÐhostage to the Earth science data April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1823 purchase initiative. Since I interpret the data along with the chairman of the sub- tone, I also want to continue and say, purchase provision as one that encourages committee and the full committee, as I rise today, I support about 80 per- NASA to buy such data when it is sensible went to Russia in February and were cent of the NASA budget. I do not sup- and meets the scientific requirements of Mis- able to see first hand the serious na- port a space station that started at $8 sion to Planet Earth, these two activities ap- ture of their internal financial prob- billion and now has costs of $100 billion pear to be totally unrelated and should not be lems. over the lifetime of the contract. linked in a punitive manner. Such actions send What has been lacking in dealing But I do support so many good things a chilling message to current and potential with this problem associated with the that are taking place in this bill that bidders of NASA programs. While I will not program is, I believe, a failure of lead- most Americans do not even know offer an amendment at this time, I hope that ership on the part of the White House, about: the great observatories, which we can work together to remove this restric- and particularly the Office of the Vice includes the Infrared, X ray, the tion prior to enactment. President, to clearly define how we are Gamma Ray, and the Human Eye, the In closing, I believe that, on balance, H.R. going to get beyond this problem area Hubble, which in this latest edition of 1275 is a good bill, and I would urge Members so that this program can be completed National Geographic we are vividly to support it. on schedule. shown the phenomenal and magnificent Mr. SENSENBRENNER. Mr. Chair- Mr. Chairman, I congratulate again pictures that this eye is returning to us man, I yield 4 minutes to the gen- the gentleman from Wisconsin [Mr. here on the ground. tleman from Florida [Mr. WELDON], the SENSENBRENNER] and the gentleman I am a strong supporter of those distinguished vice chair of the sub- from California [Mr. BROWN] for their great observatories and Hubble and the committee. amendment that addresses this issue, repair mission that the men and Mr. WELDON of Florida. Mr. Speak- and I am prepared to work with them women pulled off so successfully in er, I thank the chairman for yielding to make sure that the space station space. The Galileo, which explored Jupi- me this time and I rise in strong sup- goes on to become a reality, because I ter, has shown marvelous results for port of H.R. 1275, the Civilian Space know first hand, as a practicing physi- science. The Clementine project, which Authorization Act, and I commend cian, the tremendous potential sci- helped us map the Moon, I am a strong both the chairman and the ranking entific benefits as well as medical ben- supporter; better, faster, cheaper, member, as well as the subcommittee efits that we will see from this pro- which allows us to get projects off the chairman, the gentleman from Califor- gram. ground and into space with a cost effi- nia [Mr. ROHRABACHER], and the sub- I also rise in support of many of the ciency that the taxpayer can be very committee ranking member, the gen- other features associated with the pro- proud of. And then the forgotten ‘‘A’’ tleman from Alabama [Mr. CRAMER], as gram, such as the ongoing funding for in the NASA budget, aeronautics, well as the staff for putting together the shuttle program, X–33, the Venture where we helped develop the latest what I feel is a very well balanced and Star, as well as X–34, an important test cleaner burning engine and helped our good piece of legislation. bed technology that will help us de- industry here in America compete with In particular, I would like to associ- velop new technologies for use in space. fledgling industries in Taiwan and in ate myself with the remarks of the I, additionally, want to rise in sup- South Korea, in Japan and with Airbus chairman regarding the Russian par- port of the space science features that in Europe. ticipation in the space station and, in are associated with this; and in par- It is in that context, Mr. Chairman, particular, in support of the leadership ticular, I want to thank the people at that we have a declining budget in that has been demonstrated by him as NASA, the men and women, who have NASA. We do not want the space sta- well as the ranking member in regard worked very hard not only in helping tion to cannibalize all these other good to the continuing ongoing problems us prepare this legislation but, as well, programs that are going on that return with the Russian participation in this have been doing more with less for the the money to the taxpayer. We want to space station. past 5 years. get NASA back to the days where, for We have all been made aware on the There have been many departments every dollar invested, $7 came back in committee, as well as many others in within the Federal Government that return; and that is why I will be offer- this body, of the tremendous potential have been complaining about receiving ing these two amendments later on in that will come from the Space Station decreases in the size of their increase. this process. Program. We have heard testimony Whereas, NASA has been doing things from scientists regarding the tremen- better, faster, cheaper for a long time; Mr. CRAMER. Mr. Chairman, I yield dous breakthroughs in our understand- and that is because of the commitment 3 minutes to my colleague, the gen- ing of human physiology and disease, of the men and women at all the NASA tleman from California [Mr. CAPPS]. in particular as it relates to heart dis- centers all throughout our country to Mr. CAPPS. Mr. Chairman, I rise to ease, bone disease, as well as the devel- making sure that they keep their pro- support the bill to reauthorize NASA. I opment of new drugs and our better un- grams running efficiently and effec- would like to commend the Chair and derstanding of the transmission of tively. I would like to rise in strong ranking member for their work on this some infectious diseases, such as chol- support of them and again commend legislation. The bill before us provides era. the ranking member and the chairman adequate funding for NASA’s impor- Despite all these exciting develop- of the subcommittee for their hard tant programs and gives the agency ments and the reality that the Space work. needed direction on a number of criti- Station Program is well on track, our Mr. CRAMER. Mr. Chairman, I yield cal areas. international partners, such as the Eu- 2 minutes to my relentless colleague, I also want to add how impressed I ropeans and the Japanese, have spent the gentleman from Indiana [Mr. ROE- am with NASA projects that I have well beyond $6 billion in preparing MER]. witnessed at close range at Vandenberg their hardware. A critical partner in Mr. ROEMER. With that generous al- Air Force Base in the district that I am this project, the Russians, who were location of time, Mr. Chairman, let me privileged to represent. In particular, I brought into the program by the Clin- first of all thank the gentleman from am pleased that the bill before us pro- ton administration, have been failing Alabama [Mr. CRAMER] for his time and vides full funding for NASA’s impor- to appropriate the necessary funds to his hard work on this budget and this tant Mission to Planet Earth Program. fulfill their obligations associated with bill. Let me thank the gentleman from I am a strong supporter of Mission to the program. California [Mr. BROWN] and the gen- Planet Earth and grateful that the Might I say that I feel very strongly tleman from Wisconsin [Mr. SENSEN- committee can work together in a bi- that it is in the best interest of our BRENNER] and the gentleman from Cali- partisan basis on this program. NASA country that the Russians participate fornia [Mr. ROHRABACHER]. has made great strides with this pro- in the program, and I would like to see Certainly, the tone and the civility gram, cutting the budget bill some 60 them continue to do so. Reality is such and bipartisanship of this committee percent over the past several years, that their economy has not allowed have made it very, very easy to serve while continuing to achieve its original them to support this program, and I, on for the past several months. In that goals. H1824 CONGRESSIONAL RECORD — HOUSE April 24, 1997 b 1315 math teachers from all across America been able to accomplish. The promise Mission to Planet Earth is a critical voicing their support for the space sta- of space still lies before us. Through program that will expand our knowl- tion. They know the space station is the space station we can translate a edge of ourselves, our Earth, and its in- crucial to the future of science and little more of that promise into better credibly complex environmental sys- technology in this Nation. I am proud lives for us here on Earth. With 160,000 tems. I am convinced that we should to speak today on their behalf. pounds of flight hardware already con- never shrink from the opportunity to We have an obligation to the future structed, two-thirds of the inter- grasp such critically important knowl- of this Nation and to that of humanity national development funds already edge about ourselves. to use our resources to discover and in- spent and with a launch scheduled, why But Mission to Planet Earth will be terpret the scientific advancements would we stop now? We cannot. more than the search for knowledge. that can be made through research in Mr. CRAMER. Mr. Chairman, I yield With its series of orbiting satellites set space. 4 minutes to the gentleman from Mary- to begin launching next year, Mission As the 19th century philosopher and land [Mr. HOYER]. to Planet Earth’s ability to accurately mathematician W.K. Clifford said: Mr. HOYER. Mr. Chairman, I thank monitor and predict long-term climate You cannot fail to see that scientific the distinguished gentleman from Ala- variability will have great benefits for thought is not an accompaniment or a condi- bama, the subcommittee ranking mem- tion of human progress, but human progress ber, for yielding me this time. I appre- large sectors of our economy, including itself. such diverse industries as agriculture, ciate his leadership on these issues. Scientists performing research in financial services, insurance, and disas- Mr. Chairman, I rise in support of the zero gravity have been able to make ter management. The ability to predict civilian space authorization, H.R. 1275. tremendous breakthroughs. Their work droughts, floods, and other cataclysmic In doing so I would like to commend has already provided new information natural events will reap huge benefits the Committee on Science’s decision to about the makeup of diseases such as in lives and dollars for years to come. authorize the President’s full fiscal Mission to Planet Earth information cancer, emphysema, diabetes, heart year 1998 funding request of $1.4 billion will not only be useful for long-range disease and stroke, viral hepatitis, and for NASA’s Mission to Planet Earth. forecasting, but will have daily appli- influenza. We have all been affected by The committee’s decision to remove cations as well in agriculture. To use these illnesses, and we want to utilize from the bill a provision mandating one example, farmers will be better every possible resource to find a cure that $200 million of the Mission to able to anticipate irrigation and har- or a successful treatment. Planet Earth budget come from an ex- Despite what its detractors say, the vesting needs and disease control and isting fund, this is a welcome addition. international space station is not an eradication requirements. Mission to Planet Earth research is As NASA programs add to our knowl- amusement park for scientists. It has expanding our understanding of the edge of the entire solar system, we real world, real life implications for Earth’s environment and natural proc- must not lose sight of all that we still people on this planet. I recognize the esses, giving us new insights into how do not know about our own glorious need to balance our budget, but the 2.2 humanity affects and is affected by world. Mission to Planet Earth will cents per day that it will cost each them, this unique research to yield help fill in some of these gaps about American to fund our portion of the practical, tangible benefits for all our environmental systems, improving international space station is an in- Americans and people around the our quality of life here on Earth, while vestment in healthier, longer lives and globe. we continue to explore the stars and new high-technology industries. Having said this, Mr. Chairman, I An important issue at this point in the planets. must say that my support for this bill I urge my colleagues to support this time is the participation of the Rus- has some reservations. There is one important legislation. sians in the international space sta- very ill-conceived, in my opinion, pro- Mr. CRAMER. Mr. Chairman, I yield tion. We all regret their inability to de- vision in this bill. I want to declare my 5 minutes to the gentleman from Texas liver on their promises. But let us not intention to work to prevent its inclu- [Mr. LAMPSON]. forget, though, that the Russians were sion in the Senate bill and in the con- Mr. LAMPSON. I thank the gen- in space before we were and they have ference report. tleman for yielding me this time. expertise that will benefit the space This bill holds hostage one of the Mr. Chairman, for the sake of our fu- station. While Russia endures dif- most low-cost, cost-effective programs ture, I rise today to support full fund- ficulty in its political and economic in the NASA budget, the Earth Space ing for the International Space Sta- transformation, the international Pathfinders Program. Section 127 pre- tion. I represent the Johnson Space space station keeps the Russian sci- cludes any and all funding for path- Center and the thousands of men and entific community constructively en- finder missions unless and until NASA women whose livelihoods depend upon gaged. This project will help solidify certifies that it will expend $50 million this project and our commitment to relations between the United States in fiscal 1998 for commercial data buys. space exploration and research. I am and Russia and all the participating That may be a good policy, but, Mr. proud to represent them, but I do not nations. The Russian historian Zhores Chairman, there is no good reason for want my support for the space station Medvedev described how scientific this relationship. There is no pro- to be viewed as pork-barrel politics, progress improves relationships be- grammatic link and no legitimate pol- helping only the ninth district of tween nations in 1970. icy reason to justify making the fund- Texas. In fact, we must all support the He wrote: ing of pathfinders projects contingent space station for our future. As science progresses, the worldwide co- on expenditures for commercial data I stand before you today to voice this operation of scientists and technologists be- buys. This is simply an attempt to support for the station because of what comes more and more of a special friendship, force NASA’s hand on a program and a America learned about its future in in which, in place of antagonism, there is a concept to which NASA has already growing up, a mutually advantageous shar- 1969. At that time I was teaching phys- ing of work, a coordination of efforts and a demonstrated its commitment. ical science at South Park High School common language for the exchange of infor- I would point out to my colleagues in Beaumont, TX, and I saw firsthand mation, and a solidarity, which are in many that the pathfinders program is the di- how our progress in space culminating cases independent of the social and political rect product of a recommendation of in the lunar landing encouraged and in- differences of individual States. the National Science Foundation, a spired students. The prospect of a fully Space is not the domain of any na- recommendation solicited by former functioning international space station tion. Those of us who have the ability Committee on Science Chair Bob Walk- will rekindle our enthusiasm for space to go into space are still obliged to er. NASA has already approved two and science and lead us to greater dis- share its wonders with the world. ESSP proposals and one alternate. Mis- coveries than we can even comprehend In 1969, I watched wide eyed as the sions are selected not only for their today. future of humanity was instantly and scientific merit, but for their commer- I have with me some of the 7,000 let- forever changed. I was overwhelmed by cial application and potential as well. ters that were written by science and the sheer magnitude of what man had By changing the rules in midgame and April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1825 effectively yanking the rug from under In my view, H.R. 1275 gives our Nation a around 70 percent of the global market, recent investigators with existing contracts, balanced space program. The bill moves us reports show that we may have dropped this provision threatens not just these toward a permanent human presence in below 50 percent. This loss of market share contracts but NASA’s overall credibil- space, toward new and exciting scientific dis- costs us billions of dollars in our trade deficit ity. If enacted, it would chill the will- coveries, and finally toward the development and each percentage point of global aero- ingness of companies and institutions of a fully-reusable launch vehicle. space market lost by our domestic companies to compete for contracts or develop I am particularly pleased that this legislation translates into Americans losing their jobs. new applications. fully-funds NASA's Mission to Planet Earth. A study conducted by the National Re- Mr. Chairman, I will vote for the bill From the unique vantage point of space, search Council [NRC] in 1992 identified that because of its support for Mission to NASA's Earth observing satellites will help us our current wind tunnel facilities are inad- Planet Earth and other component understand our changing planet. Mission to equate for maintaining aeronautical superiority parts. In the coming weeks, however, I Planet Earth will provide us with scientific an- into the next century. will be working with my Senate col- swers to a wide range of global change ques- I believe that the integrated planning and or- leagues to ensure that the Senate hope- tions. ganizational framework envisioned in the Uni- fully does not approve this restriction We'll learn more about our planet's ozone tary Wind Tunnel Plan Act of 1949, as amend- on the Pathfinder Program. layer and its polar ice caps. Most importantly, ed in H.R. 1275, is a suitable and appropriate I thank my friend the gentleman because of its comprehensive nature, Mission vehicle for the planning, development, and op- from Alabama, the chairman of the to Planet Earth will allow scientists to study eration of aeronautics research and test facili- committee, and others for working ef- the interplay between land, sea, and air here ties and activities in transonic, supersonic, and fectively on this bill and hope that on our planetÐperhaps to one day avoid the hypersonic flight regimes, since all regimes in- they would look at this particular pro- devastation which the residents of the North- fluence performance, cost and competition for vision and reconsider its impact both ern Plains are currently suffering. civil aviation directly undertaken in whole or in on NASA and on the private sector. In addition to these and other scientific ben- part by NASA. Mr. CRAMER. Mr. Chairman, I yield efits, Mission to Planet Earth data will have Although plans to build a new wind tunnel myself such time as I may consume. immediate practical applications. Farmers will facility have been deferred, I believe the Mr. Chairman, in closing on this side make use of soil condition information as they amendment included in the bill will properly because we have no more speakers dur- seek to better plant their crops. Firefighters update the Unitary Wind Tunnel Act to ac- ing general debate, I once again would are already using NASA remote sensing data count for technological advances. like to congratulate the chairman of to help them battle forest fires. The list goes This will lay the proper foundation in the law the committee and the chairman of the on and on. should Congress and industry agree to con- subcommittee. They have certainly Mr. Chairman, it was unfortunate that the struct new facilities in the future. made my few months in this job a 104th Congress was such a difficult one for I thank Mr. ROHRABACHER for his foresight in pleasure. I have enjoyed working with Mission to Planet Earth, where the program adding this technical amendment to the man- them, and I think we have accom- was tossed around like a partisan football. But ager's amendment and I encourage my col- plished a lot. I particularly enjoy the today, in a new Congress under new leader- leagues to support this bill. way the gentleman from California ship, I would like to congratulate Science Mr. BLILEY. Mr. Chairman, I would like to [Mr. ROHRABACHER] has approached the Committee Chairman JAMES SENSENBRENNER insert attached letter in the RECORD as part of hearings of the committee and I look and Ranking Member GEORGE BROWN; and the debate on H.R. 1275 to note the interests forward to working with him more Space Subcommittee Chairman DANA of the Committee on Commerce in this piece thoroughly as we move on through the ROHRABACHER and Ranking Member BUD of legislation. CRAMER for putting partisanship behind and year. APRIL 24, 1997. In closing, I would just like to make unifying support for this important program. Hon. NEWT GINGRICH, the point that NASA is an important I urge my colleagues to support this legisla- Speaker, U.S. House of Representatives, Wash- part of America’s total investment in tion, which will continue our country's leader- ington, DC. R&D. NASA has pushed back the ship in space well into the 21st century. DEAR MR. SPEAKER: On April 17, 1997, the boundaries in countless areas of space Mr. HILLEARY. Mr. Chairman, I rise to en- Committee on Science ordered reported H.R. and technology. We have so much to be courage the House Members to vote for H.R. 1275, the Civilian Space Authorization Act. thankful to NASA for. Their aero- 1275, Civilian Space Authorization Act. It is a This measure authorizes appropriations for the National Aeronautics Space Administra- nautics programs have helped stimu- good bill that authorizes vital programs and includes helpful language that affects the whole tion (NASA), and other space-related late the growth and prosperity of our projects that include provisions on inter- Nation’s aviation industry, an industry country. state and foreign commerce, and commu- that is the envy of all the world. Most This bill has provisions to update the lan- nications issues within the jurisdiction of importantly, NASA’s programs have guage of the Unitary Wind Tunnel Act of 1949 the Committee on Commerce. inspired our youth. NASA’s achieve- which originally declared that the NASA Ad- The bill has provisions that would regulate ments are a proud symbol of America’s ministrator and the Secretary of Defense ‘‘commercial providers,’’ defined in section technological superiority and our citi- should jointly develop a plan for construction 3(2) as ‘‘any person providing space transpor- of: tation services or other space-related activi- zens have reaped a bountiful harvest ties, primary control of which is’’ privately from our investment in the space pro- Wind tunnel facilities for the solution of research, development, and evaluation prob- held. Of particular concern in this definition gram. is the term ‘‘space-related activities,’’ which In sum, I believe that H.R. 1275 is a lems in aeronautics at educational institutions within the continental limits of the would be interpreted to include both com- bill that maintains a balanced civil United States for training and research in merce and communications activities. In space program and maintains Ameri- aeronautics, and to revise the uncompleted fact, this term could encompass policy and ca’s leadership in space. I urge my fel- portions of the unitary plan from time to regulatory activities for communications or low Members to support this bill. time to accord with changes in national de- spectrum operations, including those that Ms. HARMAN. Mr. Chairman. I rise today to fense requirements and scientific and tech- involve the use of satellite systems, within nical advances. the jurisdiction of the Commerce Commit- voice my strong support for H.R. 1275, the Ci- tee. vilian Space Authorization Act. The field of aeronautics has received many Section 303 of the bill, which establishes I have said time and time again here on the advances since this act was last amended in the Office of Space Commerce, raises similar House floor, and in the Science Committee 1958Ðalmost four decades ago. Unfortu- concerns. For example, one of the six ‘‘pri- during the last two Congresses when I had the nately, as this Nation's facilities are showing mary responsibilities’’ of the Office of Space honor of serving on that committee, that we their age, and the European countries, in a Commerce mandated in section 303(b)(5) must provide the Nation with an adequately consortium, recently opened a new transonic would be to represent the Department of funded civilian space program which balances wind tunnel which is technologically superior Commerce in the ‘‘development of U.S. policies and in negotiations with foreign coun- human space flight with science, aeronautics, to any in the United States. This will have a tries to ensure free and fair trade inter- and technology. While we must act swiftly to direct effect on improving the competitiveness nationally in the area of space commerce.’’ balance the budget, I believe we must be of European aircraft in the global market. This provision implicates the Commerce careful to not make shortsighted cuts in our Mr. Chairman, just a few short years ago, Committee’s jurisdiction regarding inter- country's research and development efforts. the U.S. aerospace industry accounted for state and foreign commerce, particularly H1826 CONGRESSIONAL RECORD — HOUSE April 24, 1997

with regard to communications policy in the SUBTITLE C—LIMITATIONS AND SPECIAL ward becoming an operational agency, and re- international marketplace. AUTHORITY turn to its proud history as the Nation’s leader With regard to satellite systems, section Sec. 121. Use of funds for construction. in basic scientific, air, and space research. 321 refers to the use of a NASA Tracking Sec. 122. Availability of appropriated amounts. (3) The United States is on the verge of creat- Data Relay Satellite System (TDRSS). The Sec. 123. Reprogramming for construction of fa- ing and using new technologies in microsat- Commerce Committee has jurisdiction over cilities. ellites, information processing, and space policy or regulations on communications or Sec. 124. Consideration by committees. launches that could radically alter the manner spectrum activities, including the use of Sec. 125. Limitation on obligation of unauthor- in which the Federal Government approaches its spectrum and orbital locations for satellites ized appropriations. space mission. used for communications, as well as spec- Sec. 126. Use of funds for scientific consulta- (4) The overwhelming preponderance of the trum interference issues related to sat- tions or extraordinary expenses. Federal Government’s requirements for routine, ellites, including but not limited to the Sec. 127. Mission to Planet Earth limitation. nonemergency manned and unmanned space TRDSS satellites. Therefore, section 321 is of Sec. 128. Space operations. transportation can be met most effectively, effi- jurisdictional interest to the Commerce Sec. 129. International Space University Limita- ciently, and economically by a free and competi- Committee. tion. tive market in privately developed and operated Nonetheless, recognizing the desire to Sec. 130. Space Station program responsibilities space transportation services. bring this legislation expeditiously before transfer limitation. (5) In formulating a national space transportation service policy, the National Aeronautics the House, I will not seek a sequential refer- TITLE II—INTERNATIONAL SPACE and Space Administration should aggressively ral of the bill. However, by not seeking a se- STATION quential referral, this Committee does not promote the pursuit by commercial providers of waive its jurisdictional interest in matters Sec. 201. Findings. development of advanced space transportation within the purview of the Committee. I Sec. 202. Commercialization of Space Station. technologies including reusable space vehicles, would appreciate your support of my effort Sec. 203. Space Station accounting reports. single-stage-to-orbit vehicles, and human space to seek conferees on all provisions of the bill Sec. 204. Report on international hardware systems. that are within the Commerce Committee’s agreements. (6) The Federal Government should invest in jurisdiction during any House-Senate con- Sec. 205. International Space Station limita- the types of research and innovative technology ference that may be convened on this legisla- tions. in which United States commercial providers do tion. TITLE III—MISCELLANEOUS PROVISIONS not invest, while avoiding competition with the Sincerely, Sec. 301. Commercial space launch amendments. activities in which United States commercial TOM BLILEY, Sec. 302. Requirement for independent cost anal- providers do invest. Chairman. ysis. (7) International cooperation in space explo- Mr. CRAMER. Mr. Chairman, I yield Sec. 303. Office of Space Commerce. ration and science activities serves the United back the balance of my time. Sec. 304. National Aeronautics and Space Act of States national interest— 1958 amendments. (A) when it— Mr. SENSENBRENNER. Mr. Chair- (i) reduces the cost of undertaking missions man, I have no further requests for Sec. 305. Procurement. Sec. 306. Acquisition of space science data. the United States Government would pursue time, and I also yield back the balance Sec. 307. Commercial space goods and services. unilaterally; of my time. Sec. 308. Acquisition of earth science data. (ii) enables the United States to pursue mis- The CHAIRMAN pro tempore (Mr. Sec. 309. EOSDIS report. sions that it could not otherwise afford to pur- LAHOOD). All time for general debate Sec. 310. Shuttle privatization. sue unilaterally; or has expired. Sec. 311. Launch voucher demonstration pro- (iii) enhances United States capabilities to use and develop space for the benefit of United Pursuant to the rule, the committee gram amendments. Sec. 312. Use of abandoned and underutilized States citizens; and amendment in the nature of a sub- (B) when it does not— stitute printed in the bill shall be con- buildings, grounds, and facilities. Sec. 313. Cost effectiveness calculations. (i) otherwise harm or interfere with the ability sidered under the 5-minute rule by ti- Sec. 314. Foreign contract limitation. of United States commercial providers to develop tles and each title shall be considered Sec. 315. Authority to reduce or suspend con- or explore space commercially; (ii) interfere with the ability of Federal agen- read. tract payments based on substan- cies to use space to complete their missions; During consideration of the bill for tial evidence of fraud. (iii) undermine the ability of United States Sec. 316. Next Generation Internet. amendment, the Chair may accord pri- commercial providers to compete favorably with Sec. 317. Limitations. ority in recognition to a Member offer- foreign entities in the commercial space arena; Sec. 318. Notice. ing an amendment that he has printed or Sec. 319. Sense of Congress on the Year 2000 in the designated place in the CONGRES- (iv) transfer sensitive or commercially advan- problem. tageous technologies or knowledge from the SIONAL RECORD. Those amendments Sec. 320. National Oceanographic Partnership will be considered read. United States to other countries or foreign enti- Program. ties except as required by those countries or en- The Clerk will designate section 1. Sec. 321. National Science Foundation Antarctic The text of section 1 is as follows: tities to make their contribution to a multilat- Program. eral space project in partnership with the Unit- Be it enacted by the Senate and House of Rep- Sec. 322. Buy American. ed States, or on a quid pro quo basis. resentatives of the United States of America in The CHAIRMAN pro tempore. Are (8) The National Aeronautics and Space Ad- Congress assembled, there amendments to section 1? ministration and the Department of Defense can SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Mr. SENSENBRENNER. Mr. Chair- cooperate more effectively in leveraging their (a) SHORT TITLE.—This Act may be cited as man, I ask unanimous consent that the mutual capabilities to conduct joint space mis- the ‘‘Civilian Space Authorization Act, Fiscal remainder of the committee amend- sions that improve United States space capabili- Years 1998 and 1999’’. ties and reduce the cost of conducting space (b) TABLE OF CONTENTS.— ment in the nature of a substitute be missions. Sec. 1. Short title; table of contents. printed in the RECORD and open to SEC. 3. DEFINITIONS. Sec. 2. Findings. amendment at any point. For purposes of this Act— Sec. 3. Definitions. The CHAIRMAN pro tempore. Is (1) the term ‘‘Administrator’’ means the Ad- TITLE I—AUTHORIZATION OF there objection to the request of the ministrator of the National Aeronautics and APPROPRIATIONS gentleman from Wisconsin? Space Administration; SUBTITLE A—AUTHORIZATIONS There was no objection. (2) the term ‘‘commercial provider’’ means any person providing space transportation services Sec. 101. Human space flight. The text of the remainder of the com- or other space-related activities, primary control Sec. 102. Science, aeronautics, and technology. mittee amendment in the nature of a of which is held by persons other than Federal, Sec. 103. Mission support. substitute is as follows: State, local, and foreign governments; Sec. 104. Inspector General. SEC. 2. FINDINGS. (3) the term ‘‘institution of higher education’’ Sec. 105. Total authorization. The Congress makes the following findings: has the meaning given such term in section Sec. 106. Office of Commercial Space Transpor- (1) The National Aeronautics and Space Ad- 1201(a) of the Higher Education Act of 1965 (20 tation authorization. ministration should aggressively pursue actions U.S.C. 1141(a)); Sec. 107. Office of Space Commerce. and reforms directed at reducing institutional (4) the term ‘‘State’’ means each of the several Sec. 108. United States-Mexico Foundation for costs, including management restructuring, fa- States of the Union, the District of Columbia, Science. cility consolidation, procurement reform, per- the Commonwealth of Puerto Rico, the Virgin SUBTITLE B—RESTRUCTURING THE NATIONAL sonnel base downsizing, and convergence with Islands, Guam, American Samoa, the Common- AERONAUTICS AND SPACE ADMINISTRATION other defense and commercial sector systems. wealth of the Northern Mariana Islands, and Sec. 111. Findings. (2) The National Aeronautics and Space Ad- any other commonwealth, territory, or posses- Sec. 112. Restructuring reports. ministration must reverse its current trend to- sion of the United States; and April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1827 (5) the term ‘‘United States commercial pro- (A) for fiscal year 1998, $2,079,800,000, of cle, which will be a complementary follow-on to vider’’ means a commercial provider, organized which— the X–33, and which uses design concepts dif- under the laws of the United States or of a (i) $47,600,000 shall be for the Gravity Probe ferent from, and technologies more advanced State, which is— B; than, the design concepts and technologies used (A) more than 50 percent owned by United (ii) $5,000,000 shall be for participation in for the X–33 program; and States nationals; or Clementine 2 (Air Force Program Element (III) $150,000,000, which shall only be for the (B) a subsidiary of a foreign company and the 0603401F ‘‘Advanced Spacecraft Technology’’); procurement of an experimental vehicle de- Secretary of Transportation finds that— (iii) $3,400,000 shall be for the Near Earth Ob- scribed in subclause (II), after the expiration of (i) such subsidiary has in the past evidenced ject Survey; 30 days after the Administrator has transmitted a substantial commitment to the United States (iv) $529,400,000 shall be for Mission Oper- to the Committee on Science of the House of market through— ations and Data Analysis, of which $150,000,000 Representatives and the Committee on Com- (I) investments in the United States in long- shall be for data analysis; and merce, Science, and Transportation of the Sen- term research, development, and manufacturing (v) $5,000,000 shall be for the Solar B program; ate a written report including a plan for the ex- (including the manufacture of major compo- and perimental vehicle program and the projected nents and subassemblies); and (B) for fiscal year 1999, $2,085,400,000, of costs thereof; and (II) significant contributions to employment in which— (iii) $157,800,000 shall be for Commercial Tech- the United States; and (i) $5,000,000 shall be for participation in nology, of which $10,000,000 shall be for business (ii) the country or countries in which such Clementine 2 (Air Force Program Element facilitators, selected by a National Aeronautics foreign company is incorporated or organized, 0603401F ‘‘Advanced Spacecraft Technology’’); and Space Administration Center with an exist- and, if appropriate, in which it principally con- (ii) $3,400,000 shall be for the Near Earth Ob- ing State partnership for the purpose of develop- ducts its business, affords reciprocal treatment ject Survey; ing business facilitators, from among candidates to companies described in subparagraph (A) (iii) $561,100,000 shall be for Mission Oper- who receive at least 40 percent State matching comparable to that afforded to such foreign ations and Data Analysis, of which $184,400,000 funds and who obtain significant participation company’s subsidiary in the United States, as shall be for data analysis; and from local community colleges; and evidenced by— (iv) $15,000,000 shall be for the Solar B pro- (B) for fiscal year 1999, $1,816,400,000, of (I) providing comparable opportunities for gram. which— companies described in subparagraph (A) to (2) For Life and Microgravity Sciences and (i) $832,400,000 shall be for Aeronautical Re- participate in Government sponsored research Applications— search and Technology; and development similar to that authorized (A) for fiscal year 1998, $234,200,000, of (ii) $818,600,000 shall be for Advanced Space under this Act; which— Transportation Technology, including— (II) providing no barriers to companies de- (i) $2,000,000 shall be for research and early (I) $313,900,000, which shall only be for the X– scribed in subparagraph (A) with respect to detection systems for breast and ovarian cancer 33 advanced technology demonstration vehicle local investment opportunities that are not pro- and other women’s health issues; and program; vided to foreign companies in the United States; (ii) $2,000,000, shall be for modifications for (II) $425,000,000, which shall only be for the and the installation of the Bio-Plex, Johnson Space procurement of an experimental vehicle de- (III) providing adequate and effective protec- Center; and scribed in subparagraph (A)(ii)(II); and tion for the intellectual property rights of com- (B) for fiscal year 1999, $249,800,000, of which (III) $40,770,000, which shall only be for the panies described in subparagraph (A). $2,000,000 shall be for research and early detec- Advanced Space Transportation program; and tion systems for breast and ovarian cancer and (iii) $165,400,000 shall be for Commercial Tech- TITLE I—AUTHORIZATION OF other women’s health issues. nology, of which $10,000,000 shall be for business APPROPRIATIONS (3) For Mission to Planet Earth, subject to the facilitators, selected by a National Aeronautics Subtitle A—Authorizations limitations set forth in section 127— and Space Administration Center with an exist- SEC. 101. HUMAN SPACE FLIGHT. (A) for fiscal year 1998, $1,417,300,000, of ing State partnership for the purpose of develop- There are authorized to be appropriated to the which— ing business facilitators, from among candidates National Aeronautics and Space Administration (i) $50,000,000 shall be for commercial Earth who receive at least 40 percent State matching for Human Space Flight the following amounts: science data purchases under section 308(a); funds and who obtain significant participation (1) For the Space Station— (ii) $8,000,000 shall be for continuing oper- from local community colleges. (A) for fiscal year 1998, $2,121,300,000, of ations of the Midcourse Space Experiment (5) For Mission Communication Services— which $400,500,000, notwithstanding section spacecraft constructed for the Ballistic Missile (A) for fiscal year 1998, $400,800,000; and 121(a)— Defense Organization, except that such funds (B) for fiscal year 1999, $436,100,000. (i) shall only be for Space Station research or may not be obligated unless the Administrator (6) For Academic Programs— (A) for fiscal year 1998, $102,200,000, of for the purposes described in section 102(2); and receives independent validation of the scientific which— (ii) shall be administered by the Office of Life requirements for Midcourse Space Experiment (i) $15,300,000 shall be for the National Space and Microgravity Sciences and Applications; data; and Grant College and Fellowship Program; and and (iii) $10,000,000 shall be for the lightning map- (ii) $46,700,000 shall be for minority university (B) for fiscal year 1999, $2,109,200,000, of per, except that such funds may not be obligated research and education, including $31,300,000 which $496,200,000, notwithstanding section unless the Administrator receives independent for Historically Black Colleges and Universities; 121(a)— validation of the scientific requirements for and (i) shall only be for Space Station research or lightning mapper data; and (B) for fiscal year 1999, $108,000,000, of which for the purposes described in section 102(2); and (B) for fiscal year 1999, $1,446,300,000, of $51,700,000 shall be for minority university re- (ii) shall be administered by the Office of Life which— search and education, including $33,800,000 for and Microgravity Sciences and Applications. (i) $50,000,000 shall be for commercial Earth Historically Black Colleges and Universities. (2) For Space Shuttle Operations— science data purchases under section 308(a); and SEC. 103. MISSION SUPPORT. (A) for fiscal year 1998, $2,494,400,000; and (ii) $10,000,000 shall be for the lightning map- There are authorized to be appropriated to the (B) for fiscal year 1999, $2,625,600,000. per, except that such funds may not be obligated National Aeronautics and Space Administration (3) For Space Shuttle Safety and Performance unless the Administrator receives independent for Mission Support the following amounts: Upgrades— validation of the scientific requirements for (1) For Safety, Reliability, and Quality Assur- (A) for fiscal year 1998, $483,400,000, including lightning mapper data. ance— related Construction of Facilities for— (4) For Aeronautics and Space Transportation (i) Repair of Payload Changeout Room Wall (A) for fiscal year 1998, $37,800,000; and Technology— (B) for fiscal year 1999, $43,000,000. in Ceiling, Pad A, Kennedy Space Center, (A) for fiscal year 1998, $1,769,500,000, of (2) For Space Communication Services— $2,200,000; which— (A) for fiscal year 1998, $245,700,000; and (ii) Restoration of Pad Surface and Slope, (i) $915,100,000 shall be for Aeronautical Re- (B) for fiscal year 1999, $204,400,000. Kennedy Space Center, $1,800,000; and search and Technology, of which not more than (3)(A) For Construction of Facilities, includ- (iii) Rehabilitation of 480V Electrical Distribu- $35,700,000 shall be for High Performance Com- ing land acquisition, for fiscal year 1998, tion System, Kennedy Space Center, $2,800,000; puting and Communications; $159,400,000, including the following: and (ii) $696,600,000 shall be for Advanced Space (i) Modernization of Process Cooling System, (B) for fiscal year 1999, $392,900,000. Transportation Technology, including— Numerical Aerodynamic Simulation Facility, (4) For Payload and Utilization Operations— (I) $333,500,000, which shall only be for the X– Ames Research Center, $2,700,000. (A) for fiscal year 1998, $247,400,000; and 33 advanced technology demonstration vehicle (ii) Rehabilitation and Modification of Hang- (B) for fiscal year 1999, $178,600,000. program, including $3,700,000 for rehabilitation ar and Shop, Dryden Flight Research Center, SEC. 102. SCIENCE, AERONAUTICS, AND TECH- and modification of the B2 test stand, Stennis $2,800,000. NOLOGY. Space Center; (iii) Restoration of Chilled Water Distribution There are authorized to be appropriated to the (II) $150,000,000, which shall only be for a pro- System, Goddard Space Flight Center, National Aeronautics and Space Administration gram of focused technology demonstrations to $2,400,000. for Science, Aeronautics, and Technology the support the competitive awarding of a contract (iv) Restoration of Space/Terrestrial Applica- following amounts: to develop, build, and flight test an experi- tion Facility, Goddard Space Flight Center, (1) For Space Science— mental single-stage-to-orbit demonstration vehi- $4,600,000. H1828 CONGRESSIONAL RECORD — HOUSE April 24, 1997

(v) Construction of Emergency Services Facil- (1) describing its restructuring activities by (b) SPECIAL RULE.—Where the Administrator ity, Jet Propulsion Laboratory, $4,800,000. fiscal year, including, at a minimum, a descrip- determines that new developments in the na- (vi) Upgrade of Utility Annex Chilled Water tion of all actions taken or planned to be taken tional program of aeronautical and space activi- Plant, Kennedy Space Center, $5,900,000. after July 31, 1995, and before October 1, 2002, ties have occurred; and that such developments (vii) Rehabilitation of High-Voltage System, including contracts terminated or consolidated; require the use of additional funds for the pur- Lewis Research Center, $9,400,000. reductions in force; relocations of personnel and poses of construction, expansion, or modifica- (viii) Modification of Chilled Water System, facilities; sales, closures, or mothballing of cap- tion of facilities at any location; and that defer- Marshall Space Flight Center, $7,000,000. ital assets or facilities; and net savings to be re- ral of such action until the enactment of the (ix) Minor Revitalization of Facilities at Var- alized from such actions by fiscal year; and next National Aeronautics and Space Adminis- ious Locations, not in excess of $1,500,000 per (2) describing the status of the implementation tration authorization Act would be inconsistent project, $65,700,000. of recommendations resulting from the Zero with the interest of the Nation in aeronautical (x) Minor construction of new facilities and Base Review, particularly with respect to the and space activities, the Administrator may use additions to existing facilities at various loca- designation of lead Centers and any increases up to $10,000,000 of the amounts authorized tions, $1,100,000. and decreases in the roles and responsibilities of under sections 101(3)(A) (i) through (iii), 102 (xi) Facility planning and design, not other- all Centers. (2)(A)(ii) and (4)(A)(ii)(I), and 103(3) for each wise provided for, $19,000,000. (b) PROPOSED LEGISLATION.—The President fiscal year for such purposes. No such funds (xii) Environmental compliance and restora- shall propose to Congress, not later than 180 may be obligated until a period of 30 days has tion, $34,000,000. days after the date of the enactment of this Act, passed after the Administrator has transmitted (B) For Construction of Facilities, including all enabling legislation required to carry out ac- to the Committee on Commerce, Science, and land acquisition, for fiscal year 1999, tions described by the Administrator’s report Transportation of the Senate and the Committee $188,900,000. under subsection (a). on Science of the House of Representatives a (4) For Research and Program Management, Subtitle C—Limitations and Special Authority written report describing the nature of the con- including personnel and related costs, travel, SEC. 121. USE OF FUNDS FOR CONSTRUCTION. struction, its costs, and the reasons therefor. and research operations support— (a) AUTHORIZED USES.—Funds appropriated SEC. 124. CONSIDERATION BY COMMITTEES. (A) for fiscal year 1998, $2,070,300,000; and Notwithstanding any other provision of law— (B) for fiscal year 1999, $2,022,600,000. under sections 101 (1) through (4), 102, and 103 (1) and (2), and funds appropriated for research (1) no amount appropriated to the National SEC. 104. INSPECTOR GENERAL. operations support under section 103(4), may be Aeronautics and Space Administration may be There are authorized to be appropriated to the used for the construction of new facilities and used for any program for which the President’s National Aeronautics and Space Administration additions to, repair of, rehabilitation of, or annual budget request included a request for for Inspector General— modification of existing facilities at any location funding, but for which the Congress denied or (1) for fiscal year 1998, $18,300,000; and in support of the purposes for which such funds did not provide funding; (2) for fiscal year 1999, $18,600,000. are authorized. (2) no amount appropriated to the National SEC. 105. TOTAL AUTHORIZATION. (b) LIMITATION.—No funds may be expended Aeronautics and Space Administration may be Notwithstanding any other provision of this pursuant to subsection (a) for a project, the esti- used for any program in excess of the amount title, the total amount authorized to be appro- mated cost of which to the National Aeronautics actually authorized for the particular program priated to the National Aeronautics and Space and Space Administration, including collateral under this title; and Administration under this Act shall not ex- equipment, exceeds $500,000, until 30 days have (3) no amount appropriated to the National ceed— passed after the Administrator has notified the Aeronautics and Space Administration may be (1) for fiscal year 1998, $13,881,800,000; and Committee on Science of the House of Represent- used for any program which has not been pre- (2) for fiscal year 1999, $13,925,800,000. atives and the Committee on Commerce, Science, sented to the Congress in the President’s annual SEC. 106. OFFICE OF COMMERCIAL SPACE TRANS- and Transportation of the Senate of the nature, budget request or the supporting and ancillary PORTATION AUTHORIZATION. location, and estimated cost to the National Aer- documents thereto, There are authorized to be appropriated to the onautics and Space Administration of such unless a period of 30 days has passed after the Secretary of Transportation for the activities of project. receipt by the Committee on Science of the the Office of Commercial Space Transpor- (c) TITLE TO FACILITIES.—If funds are used House of Representatives and the Committee on tation— pursuant to subsection (a) for grants to institu- Commerce, Science, and Transportation of the (1) for fiscal year 1998, $6,000,000; and tions of higher education, or to nonprofit orga- Senate of notice given by the Administrator con- (2) for fiscal year 1999, $6,000,000. nizations whose primary purpose is the conduct taining a full and complete statement of the ac- SEC. 107. OFFICE OF SPACE COMMERCE. of scientific research, for purchase or construction proposed to be taken and the facts and cir- There are authorized to be appropriated to the tion of additional research facilities, title to cumstances relied upon in support of such pro- Secretary of Commerce for the activities of the such facilities shall be vested in the United posed action. The National Aeronautics and Office of Space Commerce established by section States unless the Administrator determines that Space Administration shall keep the Committee 303 of this Act— the national program of aeronautical and space on Science of the House of Representatives and (1) for fiscal year 1998, $500,000; and activities will best be served by vesting title in the Committee on Commerce, Science, and (2) for fiscal year 1999, $500,000. the grantee institution or organization. Each Transportation of the Senate fully and cur- SEC. 108. UNITED STATES-MEXICO FOUNDATION such grant shall be made under such conditions rently informed with respect to all activities and FOR SCIENCE. as the Administrator shall determine to be re- responsibilities within the jurisdiction of those There are authorized to be appropriated to the quired to ensure that the United States will re- committees. Except as otherwise provided by National Aeronautics and Space Administration ceive therefrom benefits adequate to justify the law, any Federal department, agency, or inde- for the United States-Mexico Foundation for making of that grant. pendent establishment shall furnish any infor- Science— SEC. 122. AVAILABILITY OF APPROPRIATED mation requested by either committee relating to (1) $1,000,000 for fiscal year 1998; and AMOUNTS. any such activity or responsibility. (2) $1,000,000 for fiscal year 1999. To the extent provided in appropriations Acts, SEC. 125. LIMITATION ON OBLIGATION OF UNAU- appropriations authorized under subtitle A may THORIZED APPROPRIATIONS. Subtitle B—Restructuring the National remain available without fiscal year limitation. (a) REPORTS TO CONGRESS.— Aeronautics and Space Administration SEC. 123. REPROGRAMMING FOR CONSTRUCTION (1) REQUIREMENT.—Not later than— SEC. 111. FINDINGS. OF FACILITIES. (A) 30 days after the later of the date of the The Congress finds that— (a) IN GENERAL.—Appropriations authorized enactment of an Act making appropriations to (1) the restructuring of the National Aero- for construction of facilities under section the National Aeronautics and Space Adminis- nautics and Space Administration is essential to 101(3)(A) (i) through (iii), 102 (2)(A)(ii) and tration for fiscal year 1998 and the date of the accomplishing the space missions of the United (4)(A)(ii)(I), or 103(3)— enactment of this Act; and States while simultaneously balancing the Fed- (1) may be varied upward by 10 percent in the (B) 30 days after the date of the enactment of eral budget; discretion of the Administrator; or an Act making appropriations to the National (2) to restructure the National Aeronautics (2) may be varied upward by 25 percent, to Aeronautics and Space Administration for fiscal and Space Administration rapidly without re- meet unusual cost variations, after the expira- year 1999, ducing mission content and safety requires ob- tion of 15 days following a report on the cir- the Administrator shall submit a report to Con- jective financial judgment; and cumstances of such action by the Administrator gress and to the Comptroller General. (3) a formal economic review of its missions to the Committee on Science of the House of (2) CONTENTS.—The reports required by para- and the Federal assets that support them is re- Representatives and the Committee on Com- graph (1) shall specify— quired in order to plan and implement needed merce, Science, and Transportation of the Sen- (A) the portion of such appropriations which restructuring of the National Aeronautics and ate. are for programs, projects, or activities not au- Space Administration. The aggregate amount authorized to be appro- thorized under subtitle A of this title, or which SEC. 112. RESTRUCTURING REPORTS. priated for construction of facilities under sec- are in excess of amounts authorized for the rel- (a) IMPLEMENTATION REPORT.—The Adminis- tions 101(3)(A) (i) through (iii), 102 (2)(A)(ii) and evant program, project, or activity under this trator shall transmit to Congress, no later than (4)(A)(ii)(I), and 103(3) shall not be increased as Act; and 90 days after the date of the enactment of this a result of actions authorized under paragraphs (B) the portion of such appropriations which Act, a report— (1) and (2) of this subsection. are authorized under this Act. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1829

(b) FEDERAL REGISTER NOTICE.—The Adminis- servicing, and commercially augmenting the SEC. 203. SPACE STATION ACCOUNTING REPORTS. trator shall, coincident with the submission of operational capabilities of the International (a) INITIAL REPORT.—Not later than 90 days each report required by subsection (a), publish Space Station during its assembly and oper- after the date of the enactment of this Act, the in the Federal Register a notice of all programs, ational phases will lower costs and increase ben- Administrator shall transmit to the Congress a projects, or activities for which funds are appro- efits to the international partners; and report containing a description of all Space Sta- priated but which were not authorized under (3) when completed, the International Space tion-related agreements entered into by the this Act, and solicit public comment thereon re- Station will be the largest, most capable micro- United States with a foreign entity after Sep- garding the impact of such programs, projects, gravity research facility ever developed. It will tember 30, 1993, along with— or activities on the conduct and effectiveness of provide a lasting framework for conducting (1) a complete accounting of all costs to the the national aeronautics and space program. large-scale science programs with international United States incurred during fiscal years 1994 (c) LIMITATION.—Notwithstanding any other partners and it is the next step in the human ex- through 1996 pursuant to each such agreement; provision of law, no funds may be obligated for ploration of space. The United States should and any programs, projects, or activities of the Na- commit to completing this program, thereby (2) an estimate of future costs to the United tional Aeronautics and Space Administration reaping the benefits of scientific research and States pursuant to each such agreement. for fiscal year 1998 or 1999 not authorized under international cooperation. (b) ANNUAL REPORTS.—Not later than 60 days this Act until 30 days have passed after the SEC. 202. COMMERCIALIZATION OF SPACE STA- after the end of each fiscal year beginning with close of the public comment period contained in TION. fiscal year 1997, the Administrator shall trans- a notice required by subsection (b). (a) POLICY.—The Congress declares that a pri- mit to the Congress a report containing a de- SEC. 126. USE OF FUNDS FOR SCIENTIFIC CON- ority goal of constructing the International scription of all Space Station-related agreements SULTATIONS OR EXTRAORDINARY Space Station is the economic development of entered into by the United States with a foreign EXPENSES. Earth orbital space. The Congress further de- entity during the preceding fiscal year, along Not more than $30,000 of the funds appro- clares that free and competitive markets create with— priated under section 102 may be used for sci- the most efficient conditions for promoting eco- (1) a complete accounting of all costs to the entific consultations or extraordinary expenses, nomic development, and should therefore govern United States incurred during that fiscal year upon the authority of the Administrator. the economic development of Earth orbital pursuant to each such agreement; and SEC. 127. MISSION TO PLANET EARTH LIMITA- space. The Congress further declares that the (2) an estimate of future costs to the United TION. use of free market principles in operating, serv- States pursuant to each such agreement. No funds appropriated pursuant to this Act icing, allocating the use of, and adding capa- SEC. 204. REPORT ON INTERNATIONAL HARD- shall be used for Earth System Science Path- bilities to the Space Station, and the resulting WARE AGREEMENTS. finders for a fiscal year unless the Adminis- fullest possible engagement of commercial pro- Not later than 90 days after the date of the trator has certified to the Committee on Science viders and participation of commercial users, enactment of this Act, the Administrator shall of the House of Representatives and the Com- will reduce Space Station operational costs for transmit to the Committee on Science of the mittee on Commerce, Science, and Transpor- all partners and the Federal Government’s share House of Representatives and the Committee on tation of the Senate that at least $50,000,000 are of the United States burden to fund operations. Commerce, Science, and Transportation of the available for that fiscal year for obligations by (b) REPORTS.—(1) The Administrator shall de- Senate a report on— the Commercial Remote Sensing Program at liver to the Committee on Science of the House (1) agreements that have been reached with Stennis Space Center for commercial data pur- of Representatives and the Committee on Com- foreign entities to transfer to a foreign entity chases under section 308(a). No funds appro- merce, Science, and Transportation of the Sen- the development and manufacture of Inter- priated pursuant to section 102(3) shall— ate, within 90 days after the date of the enact- national Space Station hardware baselined to be (1) be transferred to any museum; or ment of this Act, a study that identifies and ex- provided by the United States; and (2) be used for the United States Man and the amines— (2) the impact of those agreements on United Biosphere Program, or related projects. (A) the opportunities for commercial providers States operating costs and United States utiliza- SEC. 128. SPACE OPERATIONS. to play a role in International Space Station action shares of the International Space Station. No funds appropriated pursuant to this Act tivities, including operation, use, servicing, and At least 90 days before entering into any addi- shall be used for Phase Two of the Consolidated augmentation; tional agreements of the type described in para- Space Operations Contract until a period of 30 (B) the potential cost savings to be derived graph (1), the Administrator shall report to the days has passed after the Administrator has from commercial providers playing a role in Committee on Science of the House of Represent- transmitted to the Committee on Science of the each of these activities; atives and the Committee on Commerce, Science, House of Representatives and the Committee on (C) which of the opportunities described in and Transportation of the Senate the nature of Commerce, Science, and Transportation of the subparagraph (A) the Administrator plans to the proposed agreement and the anticipated Senate a written report which— make available to commercial providers in fiscal cost, schedule, commercial, and utilization im- (1) compares the cost-effectiveness of the sin- year 1998 and 1999; pacts of the proposed agreement. gle cost-plus contract approach of the Consoli- (D) the specific policies and initiatives the Ad- SEC. 205. INTERNATIONAL SPACE STATION LIMI- dated Space Operations Contract and a multiple ministrator is advancing to encourage and fa- TATIONS. fixed-price contracts approach; cilitate these commercial opportunities; and (a) TRANSFER OF FUNDS TO RUSSIA.—No funds (2) analyzes the differences in the competition (E) the revenues and cost reimbursements to or in-kind payments shall be transferred to any generated through the bidding process used for the Federal Government from commercial users entity of the Russian Government or any Rus- the Consolidated Space Operations Contract as of the Space Station. sian contractor to perform work on the Inter- opposed to multiple fixed-price contracts; and (2) The Administrator shall deliver to the national Space Station which the Russian Gov- (3) describes how the Consolidated Space Op- Committee on Science of the House of Represent- ernment pledged, at any time, to provide at its erations Contract can be transformed into fixed- atives and the Committee on Commerce, Science, expense. This section shall not apply to the pur- price contracts, and whether the National Aero- and Transportation of the Senate, within 180 chase or modification of the Russian built, Unit- nautics and Space Administration intends to days after the date of the enactment of this Act, ed States owned Functional Cargo Block, make such a transition. an independently-conducted market study that known as the ‘‘FGB’’. SEC. 129. INTERNATIONAL SPACE UNIVERSITY examines and evaluates potential industry inter- (b) CONTINGENCY PLAN FOR RUSSIAN ELE- LIMITATION. est in providing commercial goods and services MENTS IN CRITICAL PATH.—The Administrator No funds appropriated pursuant to this Act for the operation, servicing, and augmentation shall develop and deliver to Congress, within 30 shall be used to pay the tuition or living ex- of the International Space Station, and in the days after the date of the enactment of this Act, penses of any National Aeronautics and Space commercial use of the International Space Sta- a contingency plan for the removal or replace- Administration employee attending the Inter- tion. This study shall also include updates to ment of each Russian Government element of national Space University. the cost savings and revenue estimates made in the International Space Station that lies in the SEC. 130. SPACE STATION PROGRAM RESPON- the study described in paragraph (1) based on Station’s critical path. Such plan shall in- SIBILITIES TRANSFER LIMITATION. the external market assessment. clude— No funds appropriated pursuant to this Act (3) The Administrator shall deliver to the Con- (1) decision points for removing or replacing shall be used to transfer any Space Station progress, no later than the submission of the Presi- those elements if the International Space Sta- gram responsibilities in effect at any National dent’s annual budget request for fiscal year tion is to be completed by the end of the cal- Aeronautics and Space Administration Center 1999, a report detailing how many proposals endar year 2002; as of October 1, 1996. (whether solicited or not) the National Aero- (2) the cost of implementing each such deci- TITLE II—INTERNATIONAL SPACE nautics and Space Administration received dur- sion; and STATION ing calendar year 1997 regarding commercial op- (3) the cost of removing or replacing a Russian SEC. 201. FINDINGS. eration, servicing, utilization, or augmentation Government critical path element after its deci- The Congress finds that— of the International Space Station, broken down sion point has passed, if— (1) the development, assembly, and operation by each of these four categories, and specifying (A) the decision at that point was not to re- of the International Space Station is in the na- how many agreements the National Aeronautics move or replace the Russian Government ele- tional interest of the United States; and Space Administration has entered into in ment; and (2) the significant involvement by commercial response to these proposals, also broken down (B) the National Aeronautics and Space Ad- providers in marketing and using, competitively by these four categories. ministration later determines that the Russian H1830 CONGRESSIONAL RECORD — HOUSE April 24, 1997 Government will be unable to provide the criti- (C) by inserting ‘‘, reentry vehicles,’’ after (ii) by inserting ‘‘or reentry’’ after ‘‘prevent cal path element in a manner to allow comple- ‘‘launch vehicles’’ in subsection (a)(5); the launch’’; and tion of the International Space Station by the (D) by inserting ‘‘and reentry services’’ after (iii) by inserting ‘‘or reentry’’ after ‘‘decides end of calendar year 2002. ‘‘launch services’’ in subsection (a)(6); the launch’’; (c) MONTHLY CERTIFICATION ON RUSSIAN STA- (E) by inserting ‘‘, reentries,’’ after (6) in section 70105— TUS.—The Administrator shall certify to the ‘‘launches’’ both places it appears in subsection (A) by inserting ‘‘or a reentry site, or the re- Congress on the first day of each month wheth- (a)(7); entry of a reentry vehicle,’’ after ‘‘operation of er or not the Russians have performed work ex- (F) by inserting ‘‘, reentry sites,’’ after a launch site’’ in subsection (b)(1); and pected of them and necessary to complete the ‘‘launch sites’’ in subsection (a)(8); (B) by striking ‘‘or operation’’ and inserting International Space Station by the end of cal- (G) by inserting ‘‘and reentry services’’ after in lieu thereof ‘‘, operation, or reentry’’ in sub- endar year 2002. Such certification shall also in- ‘‘launch services’’ in subsection (a)(8); section (b)(2)(A); clude a statement of the Administrator’s judg- (H) by inserting ‘‘reentry sites,’’ after ‘‘launch (7) in section 70106(a)— ment concerning Russia’s ability to perform sites,’’ in subsection (a)(9); (A) by inserting ‘‘or reentry site’’ after ‘‘ob- work anticipated and required to complete the (I) by inserting ‘‘and reentry site’’ after server at a launch site’’; (B) by inserting ‘‘or reentry vehicle’’ after International Space Station by the end of 2002 ‘‘launch site’’ in subsection (a)(9); ‘‘assemble a launch vehicle’’; and before the next certification under this sub- (J) by inserting ‘‘, reentry vehicles,’’ after (C) by inserting ‘‘or reentry vehicle’’ after section. Each certification under this subsection ‘‘launch vehicles’’ in subsection (b)(2); ‘‘with a launch vehicle’’; (K) by striking ‘‘launch’’ in subsection shall include a judgment that the first element (8) in section 70108— launch will or will not take place by October 31, (b)(2)(A); (A) by amending the section designation and 1998. (L) by inserting ‘‘and reentry’’ after ‘‘commer- heading to read as follows: (d) DECISION ON RUSSIAN CRITICAL PATH cial launch’’ in subsection (b)(3); ITEMS.—The President shall provide to Congress (M) by striking ‘‘launch’’ after ‘‘and transfer ‘‘§ 70108. Prohibition, suspension, and end of a decision, by August 1, 1997, on whether or not commercial’’ in subsection (b)(3); and launches, operation of launch sites and re- to proceed with permanent replacement of the (N) by inserting ‘‘and development of reentry entry sites, and reentries’’; Service Module, and each other Russian element sites,’’ after ‘‘launch-site support facilities,’’ in and in the critical path for completing the Inter- subsection (b)(4); (B) in subsection (a)— national Space Station by the end of calendar (3) in section 70102— (i) by inserting ‘‘or reentry site, or reentry of year 2002. The President shall certify to Con- (A) by striking ‘‘and any payload’’ and in- a reentry vehicle,’’ after ‘‘operation of a launch gress the reasons and justification for the deci- serting in lieu thereof ‘‘or reentry vehicle and site’’; and sion and the costs associated with the decision. any payload from Earth’’ in paragraph (3); (ii) by inserting ‘‘or reentry’’ after ‘‘launch or Such decision shall include a judgment that the (B) by inserting ‘‘or reentry vehicle’’ after operation’’; (9) in section 70109— first element launch will or will not take place ‘‘means of a launch vehicle’’ in paragraph (8); (A) by amending the section designation and by October 31, 1998, and that the stage of assem- (C) by redesignating paragraphs (10) through heading to read as follows: bly complete will or will not take place by De- (12) as paragraphs (14) through (16), respec- cember 31, 2002. If the President decides, after tively; ‘‘§ 70109. Preemption of scheduled launches or August 1, 1997, to proceed with a permanent re- (D) by inserting after paragraph (9) the fol- reentries’’; placement of the Service Module or any other lowing new paragraphs: (B) in subsection (a)— Russian element in the critical path, the Presi- ‘‘(10) ‘reenter’ and ‘reentry’ mean to return or (i) by inserting ‘‘or reentry’’ after ‘‘ensure dent shall certify to Congress the reasons and attempt to return, purposefully, a reentry vehi- that a launch’’; justification for the decision to proceed with cle and its payload, if any, from Earth orbit or (ii) by inserting ‘‘, reentry site,’’ after ‘‘United permanent replacement, and the costs associated from outer space to Earth. States Government launch site’’; with that decision, including the cost difference ‘‘(11) ‘reentry services’ means— (iii) by inserting ‘‘or reentry date commit- between making such decision by August 1, 1997, ‘‘(A) activities involved in the preparation of ment’’ after ‘‘launch date commitment’’; and any later date at which it is made. Such a reentry vehicle and its payload, if any, for re- (iv) by inserting ‘‘or reentry’’ after ‘‘obtained certification shall include a description of the entry; and for a launch’’; (v) by inserting ‘‘, reentry site,’’ after ‘‘access costs of removing or replacing each critical path ‘‘(B) the conduct of a reentry. to a launch site’’; item, and the schedule for completing the Inter- ‘‘(12) ‘reentry site’ means the location on (vi) by inserting ‘‘, or services related to a re- national Space Station by the end of calendar Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary is- entry,’’ after ‘‘amount for launch services’’; and year 2002. (vii) by inserting ‘‘or reentry’’ after ‘‘the (e) ASTRONAUTS ON MIR.—The National Aero- sues or transfers under this chapter). scheduled launch’’; and ‘‘(13) ‘reentry vehicle’ means a vehicle de- nautics and Space Administration shall not (C) in subsection (c), by inserting ‘‘or reentry’’ signed to return from Earth orbit or outer space place another United States astronaut on board after ‘‘prompt launching’’; the Mir Space Station, without the Space Shut- to Earth, or a reusable launch vehicle designed (10) in section 70110— tle attached to Mir, until the Administrator cer- to return from outer space substantially in- (A) by inserting ‘‘or reentry’’ after ‘‘prevent tifies to Congress that the Mir Space Station tact.’’; and the launch’’ in subsection (a)(2); and meets or exceeds United States safety standards. (E) by inserting ‘‘or reentry services’’ after (B) by inserting ‘‘or reentry site, or reentry of Such certification shall be based on an inde- ‘‘launch services’’ each place it appears in para- a reentry vehicle,’’ after ‘‘operation of a launch pendent review of the safety of the Mir Space graph (15), as so redesignated by subparagraph site’’ in subsection (a)(3)(B); Station. (C) of this paragraph; (11) in section 70111— TITLE III—MISCELLANEOUS PROVISIONS (4) in section 70103(b)— (A) by inserting ‘‘or reentry’’ after ‘‘launch’’ (A) by inserting ‘‘AND REENTRIES’’ after SEC. 301. COMMERCIAL SPACE LAUNCH AMEND- in subsection (a)(1)(A); ‘‘LAUNCHES’’ in the subsection heading; MENTS. (B) by inserting ‘‘and reentry services’’ after (B) by inserting ‘‘and reentries’’ after ‘‘space (a) AMENDMENTS.—Chapter 701 of title 49, ‘‘launch services’’ in subsection (a)(1)(B); launches’’ in paragraph (1); and United States Code, is amended— (C) by inserting ‘‘or reentry services’’ after (1) in the table of sections— (C) by inserting ‘‘and reentry’’ after ‘‘space ‘‘or launch services’’ in subsection (a)(2); (A) by amending the item relating to section launch’’ in paragraph (2); (D) by inserting ‘‘or reentry’’ after ‘‘commer- 70104 to read as follows: (5) in section 70104— cial launch’’ both places it appears in sub- (A) by amending the section designation and section (b)(1); ‘‘70104. Restrictions on launches, operations, heading to read as follows: (E) by inserting ‘‘or reentry services’’ after and reentries.’’; ‘‘§ 70104. Restrictions on launches, operations, ‘‘launch services’’ in subsection (b)(2)(C); (B) by amending the item relating to section and reentries’’; (F) by striking ‘‘or its payload for launch’’ in 70108 to read as follows: subsection (d) and inserting in lieu thereof ‘‘or (B) by inserting ‘‘or reentry site, or to reenter ‘‘70108. Prohibition, suspension, and end of reentry vehicle, or the payload of either, for a reentry vehicle,’’ after ‘‘operate a launch site’’ launches, operation of launch launch or reentry’’; and each place it appears in subsection (a); sites and reentry sites, and reen- (G) by inserting ‘‘, reentry vehicle,’’ after (C) by inserting ‘‘or reentry’’ after ‘‘launch or tries.’’; ‘‘manufacturer of the launch vehicle’’ in sub- operation’’ in subsection (a) (3) and (4); section (d); and (D) in subsection (b)— (C) by amending the item relating to section (12) in section 70112— (i) by striking ‘‘launch license’’ and inserting (A) by inserting ‘‘or reentry’’ after ‘‘one 70109 to read as follows: in lieu thereof ‘‘license’’; launch’’ in subsection (a)(3); ‘‘70109. Preemption of scheduled launches or re- (ii) by inserting ‘‘or reenter’’ after ‘‘may (B) by inserting ‘‘or reentry services’’ after entries.’’; launch’’; and ‘‘launch services’’ in subsection (a)(4); (2) in section 70101— (iii) by inserting ‘‘or reentering’’ after ‘‘relat- (C) by inserting ‘‘or reentry services’’ after (A) by inserting ‘‘microgravity research,’’ ed to launching’’; and ‘‘launch services’’ each place it appears in sub- after ‘‘information services,’’ in subsection (E) in subsection (c)— section (b); (a)(3); (i) by amending the subsection heading to (D) by inserting ‘‘applicable’’ after ‘‘carried (B) by inserting ‘‘, reentry,’’ after ‘‘launch- read as follows: ‘‘PREVENTING LAUNCHES AND out under the’’ in paragraphs (1) and (2) of sub- ing’’ both places it appears in subsection (a)(4); REENTRIES.—’’; section (b); April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1831

(E) by inserting ‘‘OR REENTRIES’’ after (B) in paragraph (1), by inserting ‘‘and State $75,000,000 in total project costs, the Chief Fi- ‘‘LAUNCHES’’ in the heading for subsection (e); sponsored spaceports’’ after ‘‘private sector’’. nancial Officer for the National Aeronautics and (5) Section 70105(a)(1) of title 49, United States and Space Administration shall conduct an (F) by inserting ‘‘or reentry site or a reentry’’ Code, as amended by subsection (b)(1) of this independent cost analysis of such project and after ‘‘launch site’’ in subsection (e); section, is amended by inserting at the end the shall report the results to Congress. In develop- (13) in section 70113 (a)(1) and (d) (1) and (2), following: ‘‘The Secretary shall submit to the ing cost accounting and reporting standards for by inserting ‘‘or reentry’’ after ‘‘one launch’’ Committee on Science of the House of Represent- carrying out this section, the Chief Financial each place it appears; atives and the Committee on Commerce, Science, Officer shall, to the extent practicable and con- (14) in section 70115(b)(1)(D)(i)— and Transportation of the Senate a written no- sistent with other laws, solicit the advice of ex- (A) by inserting ‘‘reentry site,’’ after ‘‘launch tice not later than 7 days after any occurrence pertise outside of the National Aeronautics and site,’’; and when a license is not issued within the deadline Space Administration. (B) by inserting ‘‘or reentry vehicle’’ after established by this subsection.’’. SEC. 303. OFFICE OF SPACE COMMERCE. ‘‘launch vehicle’’ both places it appears; and (6) Section 70111 of title 49, United States (15) in section 70117— (a) ESTABLISHMENT.—There is established Code, is amended— within the Department of Commerce an Office of (A) by inserting ‘‘or reentry site, or to reenter (A) in subsection (a)(1), by inserting after sub- a reentry vehicle’’ after ‘‘operate a launch site’’ Space Commerce. paragraph (B) the following: (b) FUNCTIONS.—The Office of Space Com- in subsection (a); ‘‘The Secretary shall establish criteria and pro- (B) by inserting ‘‘or reentry’’ after ‘‘approval merce shall be the principal unit for the coordi- cedures for determining the priority of compet- nation of space-related issues, programs, and of a space launch’’ in subsection (d); ing requests from the private sector and State (C) by amending subsection (f) to read as fol- initiatives within the Department of Commerce. governments for property and services under The Office’s primary responsibilities shall in- lows: this section.’’; ‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT clude— (B) by striking ‘‘actual costs’’ in subsection AN IMPORT.—A launch vehicle, reentry vehicle, (1) promoting commercial provider investment (b)(1) and inserting in lieu thereof ‘‘additive or payload that is launched or reentered is not, in space activities by collecting, analyzing, and costs only’’; and disseminating information on space markets, because of the launch or reentry, an export or (C) by inserting after subsection (b)(2) the fol- import, respectively, for purposes of a law con- and conducting workshops and seminars to in- lowing new paragraph: crease awareness of commercial space opportu- trolling exports or imports.’’; and ‘‘(3) The Secretary shall ensure the establish- nities; (D) in subsection (g)— ment of uniform guidelines for, and consistent (i) by striking ‘‘operation of a launch vehicle (2) assisting United States commercial provid- implementation of, this section by all Federal or launch site,’’ in paragraph (1) and inserting ers in their efforts to do business with the Unit- agencies.’’. in lieu thereof ‘‘reentry, operation of a launch ed States Government, and acting as an indus- (7) Section 70112 of title 49, United States vehicle or reentry vehicle, or operation of a try advocate within the executive branch to en- Code, is amended— sure that the Federal Government meets its launch site or reentry site,’’; and (A) in subsection (a)(1), by inserting ‘‘launch, (ii) by inserting ‘‘reentry,’’ after ‘‘launch,’’ in space-related requirement, to the fullest extent reentry, or site operator’’ after ‘‘(1) When a’’; paragraph (2). feasible, with commercially available space (B) in subsection (b)(1), by inserting ‘‘launch, (b) ADDITIONAL AMENDMENTS.—(1) Section goods and services; reentry, or site operator’’ after ‘‘(1) A’’; and 70105 of title 49, United States Code, is amend- (C) in subsection (f), by inserting ‘‘launch, re- (3) ensuring that the United States Govern- ed— entry, or site operator’’ after ‘‘carried out under ment does not compete with United States com- (A) by inserting ‘‘(1)’’ before ‘‘A person may a’’. mercial providers in the provision of space hard- apply’’ in subsection (a); ware and services otherwise available from (c) REGULATIONS.—(1) Chapter 701 of title 49, (B) by striking ‘‘receiving an application’’ United States Code, is amended by adding at the United States commercial providers; both places it appears in subsection (a) and in- end the following new section: (4) promoting the export of space-related serting in lieu thereof ‘‘accepting an application goods and services; in accordance with criteria established pursuant ‘‘§ 70120. Regulations (5) representing the Department of Commerce to subsection (b)(2)(D)’’; ‘‘The Secretary of Transportation, within 6 in the development of United States policies and (C) by adding at the end of subsection (a) the months after the date of the enactment of this in negotiations with foreign countries to ensure following new paragraph: section, shall issue regulations to carry out this free and fair trade internationally in the area of ‘‘(2) In carrying out paragraph (1), the Sec- chapter that include— space commerce; and retary may establish procedures for certification ‘‘(1) guidelines for industry to obtain suffi- (6) seeking the removal of legal, policy, and of the safety of a launch vehicle, reentry vehi- cient insurance coverage for potential damages institutional impediments to space commerce. cle, or safety system, procedure, service, or per- to third parties; SEC. 304. NATIONAL AERONAUTICS AND SPACE sonnel that may be used in conducting licensed ‘‘(2) procedures for requesting and obtaining ACT OF 1958 AMENDMENTS. commercial space launch or reentry activities.’’; licenses to operate a commercial launch vehicle (a) DECLARATION OF POLICY AND PURPOSE.— (D) by striking ‘‘and’’ at the end of subsection and reentry vehicle; Section 102 of the National Aeronautics and (b)(2)(B); ‘‘(3) procedures for requesting and obtaining Space Act of 1958 (42 U.S.C. 2451) is amended— (E) by striking the period at the end of sub- operator licenses for launch and reentry; and (1) by striking subsection (f) and redesignat- section (b)(2)(C) and inserting in lieu thereof ‘‘(4) procedures for the application of governing subsections (g) and (h) as subsections (f) ‘‘; and’’; ment indemnification.’’. and (g), respectively; and (F) by adding at the end of subsection (b)(2) (2) The table of sections for such chapter 701 (2) in subsection (g), as so redesignated by the following new subparagraph: is amended by adding after the item relating to paragraph (1) of this subsection, by striking ‘‘(D) regulations establishing criteria for ac- section 70119 the following new item: cepting or rejecting an application for a license ‘‘(f), and (g)’’ and inserting in lieu thereof ‘‘and ‘‘70120. Regulations.’’. under this chapter within 60 days after receipt (f)’’. of such application.’’; and (d) REPORT TO CONGRESS.—(1) Chapter 701 of (b) REPORTS TO THE CONGRESS.—Section (G) by inserting ‘‘, or the requirement to ob- title 49, United States Code, is further amended 206(a) of the National Aeronautics and Space tain a license,’’ after ‘‘waive a requirement’’ in by adding at the end the following new section: Act of 1958 (42 U.S.C. 2476(a)) is amended— subsection (b)(3). ‘‘§ 70121. Report to Congress (1) by striking ‘‘January’’ and inserting in lieu thereof ‘‘May’’; and (2) The amendment made by paragraph (1)(B) ‘‘The Secretary of Transportation shall submit (2) by striking ‘‘calendar’’ and inserting in shall take effect upon the effective date of final to Congress an annual report to accompany the lieu thereof ‘‘fiscal’’. regulations issued pursuant to section President’s budget request that— (c) DISCLOSURE OF TECHNICAL DATA.—Section 70105(b)(2)(D) of title 49, United States Code, as ‘‘(1) describes all activities undertaken under 303 of the National Aeronautics and Space Act added by paragraph (1)(F) of this subsection. this chapter, including a description of the proc- of 1958 (42 U.S.C. 2454) is amended— (3) Section 70102(5) of title 49, United States ess for the application for and approval of li- (1) in subsection (a)(C), by inserting ‘‘or (c)’’ Code, is amended— censes under this chapter and recommendations after ‘‘subsection (b)’’; and (A) by redesignating subparagraphs (A) and for legislation that may further commercial (2) by adding at the end the following new (B) as subparagraphs (B) and (C), respectively; launches and reentries; and subsection: and ‘‘(2) reviews the performance of the regulatory ‘‘(c)(1) The Administrator may, and at the re- (B) by inserting before subparagraph (B), as activities and the effectiveness of the Office of quest of a private sector entity shall, delay for so redesignated by subparagraph (A) of this Commercial Space Transportation.’’. a period of at least one day, but not to exceed paragraph, the following new subparagraph: (2) The table of sections for such chapter 701 5 years, the unrestricted public disclosure of ‘‘(A) activities directly related to the prepara- is further amended by adding after the item re- technical data in the possession of, or under the tion of a launch site or payload facility for one lating to section 70120, as added by subsection control of, the Administration that has been or more launches;’’. (c)(2) of this section, the following new item: (4) Section 70103(b) of title 49, United States generated in the performance of experimental, Code, is amended— ‘‘70121. Report to Congress.’’. developmental, or research activities or pro- (A) in the subsection heading, as amended by SEC. 302. REQUIREMENT FOR INDEPENDENT grams funded jointly by the Administration and subsection (a)(4)(A) of this section, by inserting COST ANALYSIS. such private sector entity. ‘‘AND STATE SPONSORED SPACEPORTS’’ after Before any funds may be obligated for Phase ‘‘(2) Within 1 year after the date of the enact- ‘‘AND REENTRIES’’; and C of a project that is projected to cost more than ment of the Civilian Space Authorization Act, H1832 CONGRESSIONAL RECORD — HOUSE April 24, 1997 Fiscal Years 1998 and 1999, the Administrator technology in subsystem contracts on a fixed- United States Code (relating to cost or pricing shall issue regulations to carry out this sub- price basis. data), section 2320 of such title (relating to section. Paragraph (1) shall not take effect until (2) CERTIFICATION.—Upon solicitation of any rights in technical data) and section 2321 of such regulations are issued. procurement for space hardware, technology, or such title (relating to validation of proprietary ‘‘(3) Regulations issued pursuant to para- services that are not commercially available, the data restrictions)). graph (2) shall include— Administrator shall certify, by publication of a (c) STUDY.—(1) The Administrator shall con- ‘‘(A) guidelines for a determination of wheth- notice and opportunity to comment in the Com- duct a study to determine the extent to which er data is technical data within the meaning of merce Business Daily, for each such procure- the baseline scientific requirements of Mission to this subsection; ment action, that no functional equivalent, com- Planet Earth can be met by commercial provid- ‘‘(B) provisions to ensure that technical data mercially, available space hardware, tech- ers, and how the National Aeronautics and is available for dissemination within the United nology, or service exists and that no commercial Space Administration will meet such require- States to United States persons and entities in method of procurement is available. ments which cannot be met by commercial pro- furtherance of the objective of maintaining lead- SEC. 306. ACQUISITION OF SPACE SCIENCE DATA. viders. ership or competitiveness in civil and govern- (a) ACQUISITION FROM COMMERCIAL PROVID- (2) The study conducted under this subsection mental aeronautical and space activities by the ERS.—The Administrator shall, to the maximum shall— United States industrial base; and extent possible and while satisfying the sci- (A) make recommendations to promote the ‘‘(C) a specification of the period or periods entific requirements of the National Aeronautics availability of information from the National for which the delay in unrestricted public dis- and Space Administration, acquire, where cost Aeronautics and Space Administration to com- closure of technical data is to apply to various effective, space science data from a commercial mercial providers to enable commercial providers categories of such data, and the restrictions on provider. to better meet the baseline scientific require- disclosure of such data during such period or (b) TREATMENT OF SPACE SCIENCE DATA AS ments of Mission to Planet Earth; (B) make recommendations to promote the dis- periods, including a requirement that the maxi- COMMERCIAL ITEM UNDER ACQUISITION LAWS.— semination to commercial providers of informa- mum 5-year protection under this subsection Acquisitions of space science data by the Ad- tion on advanced technology research and de- shall not be provided unless at least 50 percent ministrator shall be carried out in accordance velopment performed by or for the National Aer- of the funding for the activities or programs is with applicable acquisition laws and regulations onautics and Space Administration; and provided by the private sector. (including chapters 137 and 140 of title 10, Unit- (C) identify policy, regulatory, and legislative ‘‘(4) The Administrator shall annually report ed States Code), except that space science data barriers to the implementation of the rec- to the Congress all determinations made under shall be considered to be a commercial item for paragraph (1). ommendations made under this subsection. purposes of such laws and regulations (includ- (3) The results of the study conducted under ‘‘(5) For purposes of this subsection, the term ing section 2306a of title 10, United States Code this subsection shall be transmitted to the Con- ‘technical data’ means any recorded informa- (relating to cost or pricing data), section 2320 of gress within 6 months after the date of the en- tion, including computer software, that is or such title (relating to rights in technical data) actment of this Act. may be directly applicable to the design, engi- and section 2321 of such title (relating to valida- (d) SAFETY STANDARDS.—Nothing in this sec- neering, development, production, manufacture, tion of proprietary data restrictions)). tion shall be construed to prohibit the Federal or operation of products or processes that may (c) DEFINITION.—For purposes of this section, Government from requiring compliance with ap- have significant value in maintaining leader- the term ‘‘space science data’’ includes scientific plicable safety standards. ship or competitiveness in civil and govern- data concerning the elemental and mineralogi- (e) ADMINISTRATION AND EXECUTION.—This mental aeronautical and space activities by the cal resources of the moon and the planets, Earth section shall be carried out as part of the Com- United States industrial base.’’. environmental data obtained through remote mercial Remote Sensing Program at the Stennis SEC. 305. PROCUREMENT. sensing observations, and solar storm monitor- Space Center. (a) PROCUREMENT DEMONSTRATION PRO- ing. SEC. 309. EOSDIS REPORT. GRAM.— (d) SAFETY STANDARDS.—Nothing in this sec- Not later than 90 days after the date of the (1) IN GENERAL.—The Administrator shall es- tion shall be construed to prohibit the Federal enactment of this Act, the Administrator shall tablish a program of expedited technology pro- Government from requiring compliance with ap- transmit to the Committee on Science of the curement for the purpose of demonstrating how plicable safety standards. House of Representatives and the Committee on (e) LIMITATION.—This section does not au- innovative technology concepts can rapidly be Commerce, Science, and Transportation of the thorize the National Aeronautics and Space Ad- brought to bear upon space missions of the Na- Senate a report which contains— tional Aeronautics and Space Administration. ministration to provide financial assistance for (1) an analysis of the scientific capabilities, (2) PROCEDURES AND EVALUATION.—The Ad- the development of commercial systems for the costs, and schedule of the Earth Observing Sys- ministrator shall establish procedures for ac- collection of space science data. tem Data and Information System (EOSDIS); tively seeking from persons outside the National SEC. 307. COMMERCIAL SPACE GOODS AND SERV- (2) an identification and analysis of the Aeronautics and Space Administration innova- ICES. threats to the success of the EOSDIS Core Sys- tive technology concepts, relating to the provi- The National Aeronautics and Space Adminis- tem; and sion of space hardware, technology, or service to tration shall purchase commercially available (3) a plan and cost estimates for resolving the the National Aeronautics and Space Adminis- space goods and services to the fullest extent threats identified under paragraph (2) to the tration. feasible, and shall not conduct activities that EOSDIS Core System before the launch of the (3) SPECIAL AUTHORITY.—In order to carry out preclude or deter commercial space activities ex- Earth Observing System satellite known as PM– this subsection the Administrator shall recruit cept for reasons of national security or public 1. and hire for limited term appointments persons safety. A space good or service shall be deemed SEC. 310. SHUTTLE PRIVATIZATION. from outside the National Aeronautics and commercially available if it is offered by a Unit- (a) POLICY AND PREPARATION.—The Adminis- Space Administration with special expertise and ed States commercial provider, or if it could be trator shall prepare for an orderly transition experience related to the innovative technology supplied by a United States commercial provider from the Federal operation, or Federal manage- concepts with respect to which procurements are in response to a Government procurement re- ment of contracted operation, of space transpor- made under this subsection. quest. For purposes of this section, a purchase tation systems to the Federal purchase of com- (4) SUNSET.—This subsection shall cease to be is feasible if it meets mission requirements in a mercial space transportation services for all effective 10 years after the date of its enactment. cost-effective manner. nonemergency launch requirements, including (b) TECHNOLOGY PROCUREMENT INITIATIVE.— SEC. 308. ACQUISITION OF EARTH SCIENCE DATA. human, cargo, and mixed payloads. In those (1) IN GENERAL.—The Administrator shall co- (a) ACQUISITION.—For purposes of meeting preparations, the Administrator shall take into ordinate National Aeronautics and Space Ad- Government goals for Mission to Planet Earth, account the need for short-term economies, as ministration resources in the areas of procure- the Administrator shall, to the maximum extent well as the goal of restoring the National Aero- ment, commercial programs, and advanced tech- possible and while satisfying the scientific re- nautics and Space Administration’s research nology in order to— quirements of the National Aeronautics and focus and its mandate to promote the fullest (A) fairly assess and procure commercially Space Administration, acquire, where cost-effec- possible commercial use of space. As part of available technology from the marketplace in tive, space-based and airborne Earth remote those preparations, the Administrator shall plan the most efficient manner practicable; sensing data, services, distribution, and applica- for the potential privatization of the Space (B) achieve a continuous pattern of integrat- tions from a commercial provider. Shuttle program. Such plan shall keep safety ing advanced technology from the commercial (b) TREATMENT AS COMMERCIAL ITEM UNDER and cost effectiveness as high priorities. Nothing sector, and from Federal sources outside the Na- ACQUISITION LAWS.—Acquisitions by the Admin- in this section shall prohibit the National Aero- tional Aeronautics and Space Administration, istrator of the data, services, distribution, and nautics and Space Administration from study- into the missions and programs of the National applications referred to in subsection (a) shall ing, designing, developing, or funding upgrades Aeronautics and Space Administration; be carried out in accordance with applicable ac- or modifications essential to the safe and eco- (C) incorporate private sector buying and bid- quisition laws and regulations (including chap- nomical operation of the Space Shuttle fleet. ding procedures, including fixed price contracts, ters 137 and 140 of title 10, United States Code), (b) FEASIBILITY STUDY.—The Administrator into procurements; and except that such data, services, distribution, shall conduct a study of the feasibility of imple- (D) provide incentives for cost-plus contrac- and applications shall be considered to be a menting the recommendation of the Independent tors of the National Aeronautics and Space Ad- commercial item for purposes of such laws and Shuttle Management Review Team that the Na- ministration to integrate commercially available regulations (including section 2306a of title 10, tional Aeronautics and Space Administration April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1833 transition toward the privatization of the Space the foreign government the right to recover prof- on Science and Appropriations of the House of Shuttle. The study shall identify, discuss, and, it in the event that the agreement or contract is Representatives, and the Committees on Com- where possible, present options for resolving, the terminated. merce, Science, and Transportation and Appro- major policy and legal issues that must be ad- SEC. 315. AUTHORITY TO REDUCE OR SUSPEND priations of the Senate, not later than 15 days dressed before the Space Shuttle is privatized, CONTRACT PAYMENTS BASED ON before any major reorganization of any pro- including— SUBSTANTIAL EVIDENCE OF FRAUD. gram, project, or activity of the National Aero- (1) whether the Federal Government or the Section 2307(h)(8) of title 10, United States nautics and Space Administration. Space Shuttle contractor should own the Space Code, is amended by striking ‘‘and (4)’’ and in- SEC. 319. SENSE OF CONGRESS ON THE YEAR 2000 Shuttle orbiters and ground facilities; serting in lieu thereof ‘‘(4), and (6)’’. PROBLEM. (2) whether the Federal Government should SEC. 316. NEXT GENERATION INTERNET. With the year 2000 fast approaching, it is the indemnify the contractor for any third party li- None of the funds authorized by this Act, or sense of Congress that the National Aeronautics ability arising from Space Shuttle operations, any other Act enacted before the date of the en- and Space Administration should— and, if so, under what terms and conditions; actment of this Act, may be used for the Next (1) give high priority to correcting all 2-digit (3) whether payloads other than National Generation Internet. Notwithstanding the pre- date-related problems in its computer systems to Aeronautics and Space Administration payloads vious sentence, funds may be used for the con- ensure that those systems continue to operate should be allowed to be launched on the Space tinuation of programs and activities that were effectively in the year 2000 and beyond; Shuttle, how missions will be prioritized, and funded and carried out during fiscal year 1997. (2) assess immediately the extent of the risk to who will decide which mission flies and when; SEC. 317. LIMITATIONS. the operations of the National Aeronautics and (4) whether commercial payloads should be al- (a) PROHIBITION OF LOBBYING ACTIVITIES.— Space Administration posed by the problems re- lowed to be launched on the Space Shuttle and None of the funds authorized by this Act and ferred to in paragraph (1), and plan and budget whether any classes of payloads should be made the amendments made by this Act shall be avail- for achieving Year 2000 compliance for all of its ineligible for launch consideration; able for any activity whose purpose is to influ- mission-critical systems; and (3) develop contingency plans for those sys- (5) whether National Aeronautics and Space ence legislation pending before the Congress, ex- tems that the National Aeronautics and Space Administration and other Federal Government cept that this subsection shall not prevent offi- Administration is unable to correct in time. payloads should have priority over non-Federal cers or employees of the United States or of its payloads in the Space Shuttle launch assign- departments or agencies from communicating to SEC. 320. NATIONAL OCEANOGRAPHIC PARTNER- SHIP PROGRAM. Members of Congress on the request of any ments, and what policies should be developed to The National Aeronautics and Space Adminis- Member or to Congress, through the proper prioritize among payloads generally; tration is authorized to participate in the Na- channels, requests for legislation or appropria- (6) whether the public interest requires that tional Oceanic Partnership Program established tions which they deem necessary for the effi- certain Space Shuttle functions continue to be by the National Oceanic Partnership Act (Pub- cient conduct of the public business. performed by the Federal Government; and lic Law 104–201). (7) how much cost savings, if any, will be gen- (b) LIMITATION ON APPROPRIATIONS.—No sums are authorized to be appropriated to the Admin- SEC. 321. NATIONAL SCIENCE FOUNDATION ANT- erated by privatization of the Space Shuttle. ARCTIC PROGRAM. istrator for fiscal years 1998 and 1999 for the ac- (c) REPORT TO CONGRESS.—Within 60 days If the Administrator determines that excess tivities for which sums are authorized by this after the date of the enactment of this Act, the capacity is available on the Tracking Data National Aeronautics and Space Administration Act and the amendments made by this Act, un- Relay Satellite System (TDRSS), the Adminis- shall complete the study required under sub- less such sums are specifically authorized to be trator shall give strong consideration to meeting section (b) and shall submit a report on the appropriated by this Act or the amendments the needs of the National Science Foundation study to the Committee on Commerce, Science, made by this Act. Antarctic Program. and Transportation of the Senate and the Com- (c) ELIGIBILITY FOR AWARDS.— (1) IN GENERAL.—The Administrator shall ex- SEC. 322. BUY AMERICAN. mittee on Science of the House of Representa- (a) COMPLIANCE WITH BUY AMERICAN ACT.— tives. clude from consideration for grant agreements made by the National Aeronautics and Space No funds appropriated pursuant to this Act or SEC. 311. LAUNCH VOUCHER DEMONSTRATION Administration after fiscal year 1997 any person the amendments made by this Act may be ex- PROGRAM AMENDMENTS. pended by an entity unless the entity agrees Section 504 of the National Aeronautics and who received funds, other than those described in paragraph (2), appropriated for a fiscal year that in expending the assistance the entity will Space Administration Authorization Act, Fiscal comply with sections 2 through 4 of the Act of Year 1993 (15 U.S.C. 5803) is amended— after fiscal year 1997, under a grant agreement from any Federal funding source for a project March 3, 1933 (41 U.S.C. 10a–10c, popularly (1) in subsection (a)— known as the ‘‘Buy American Act’’). that was not subjected to a competitive, merit- (A) by striking ‘‘the Office of Commercial Pro- (b) SENSE OF CONGRESS.—In the case of any based award process. Any exclusion from con- grams within’’; and equipment or products that may be authorized (B) by striking ‘‘Such program shall not be ef- sideration pursuant to this subsection shall be to be purchased with financial assistance pro- fective after September 30, 1995.’’; effective for a period of 5 years after the person vided under this Act or the amendments made (2) by striking subsection (c); and receives such Federal funds. by this Act, it is the sense of Congress that enti- (2) EXCEPTION.—Paragraph (1) shall not (3) by redesignating subsections (d) and (e) as ties receiving such assistance should, in expend- apply to the receipt of Federal funds by a per- subsections (c) and (d), respectively. ing the assistance, purchase only American- son due to the membership of that person in a made equipment and products. SEC. 312. USE OF ABANDONED AND UNDERUTI- class specified by law for which assistance is LIZED BUILDINGS, GROUNDS, AND (c) NOTICE TO RECIPIENTS OF ASSISTANCE.—In FACILITIES. awarded to members of the class according to a providing financial assistance under this Act or formula provided by law. (a) IN GENERAL.—In meeting the needs of the the amendments made by this Act, the Adminis- (3) DEFINITION.—For purposes of this sub- National Aeronautics and Space Administration trator shall provide to each recipient of the as- section, the term ‘‘grant agreement’’ means a for additional facilities, the Administrator, sistance a notice describing the statement made legal instrument whose principal purpose is to whenever feasible, shall select abandoned and in subsection (a) by the Congress. transfer a thing of value to the recipient to underutilized buildings, grounds, and facilities carry out a public purpose of support or stimu- The CHAIRMAN pro tempore. Are in depressed communities that can be converted lation authorized by a law of the United States, there any amendments? to National Aeronautics and Space Administra- and does not include the acquisition (by pur- AMENDMENT NO. 6 OFFERED BY MR. tion facilities at a reasonable cost, as deter- chase, lease, or barter) of property or services ROHRABACHER mined by the Administrator. for the direct benefit or use of the United States Mr. ROHRABACHER. Mr. Chairman, (b) DEFINITIONS.—For purposes of this section, Government. Such term does not include a coop- the term ‘‘depressed communities’’ means rural I offer an amendment. erative agreement (as such term is used in sec- and urban communities that are relatively de- The CHAIRMAN pro tempore. The tion 6305 of title 31, United States Code) or a co- pressed, in terms of age of housing, extent of Clerk will designate the amendment. operative research and development agreement poverty, growth of per capita income, extent of The text of the amendment is as fol- (as such term is defined in section 12(d)(1) of the unemployment, job lag, or surplus labor. lows: Stevenson-Wydler Technology Innovation Act of SEC. 313. COST EFFECTIVENESS CALCULATIONS. 1980 (15 U.S.C. 3710a(d)(1))). Amendment No. 6 offered by Mr. In calculating the cost effectiveness of the cost ROHRABACHER: SEC. 318. NOTICE. Page 31, lines 13 through 18, strike section of the National Aeronautics and Space Adminis- (a) NOTICE OF REPROGRAMMING.—If any tration engaging in an activity as compared to 130. funds authorized by this Act or the amendments Page 2, in the table of contents, strike the a commercial provider, the Administrator shall made by this Act are subject to a reprogramming compare the cost of the National Aeronautics item relating to section 130. action that requires notice to be provided to the Page 62, lines 11 and 12, strike ‘‘moon and and Space Administration engaging in the activ- Appropriations Committees of the House of Rep- the planets’’ and insert ‘‘moon, asteroids, ity using full cost accounting principles with resentatives and the Senate, notice of such ac- planets and their moons, and comets’’. the price the commercial provider will charge for tion shall concurrently be provided to the Com- Page 75, after line 12, insert the following such activity. mittee on Science of the House of Representa- new section: SEC. 314. FOREIGN CONTRACT LIMITATION. tives and the Committee on Commerce, Science, SEC. 323. UNITARY WIND TUNNEL PLAN ACT OF The National Aeronautics and Space Adminis- and Transportation of the Senate. 1949 AMENDMENTS. tration shall not enter into any agreement or (b) NOTICE OF REORGANIZATION.—The Admin- The Unitary Wind Tunnel Plan Act of 1949 contract with a foreign government that grants istrator shall provide notice to the Committees is amended— H1834 CONGRESSIONAL RECORD — HOUSE April 24, 1997 (1) in section 101 (50 U.S.C. 511) by striking tional Aeronautics and Space Administra- very positive program that both of ‘‘transsonic and supersonic’’ and inserting in tion from among candidates who receive at them believe in, and because of their lieu thereof ‘‘transsonic, supersonic, and least 25 percent of their resources from non- hard work and diligence we have man- hypersonic’’; and Federal sources; and aged to fund this and make sure that it (2) in section 103 (50 U.S.C. 513)— Page 16, line 17, strike ‘‘$832,400,000’’ and (A) by striking ‘‘laboratories’’ in sub- insert ‘‘$837,400,000’’. will continue through the years. section (a) and inserting in lieu thereof ‘‘lab- Page 17, strike lines 8 through 17 and insert Mr. KUCINICH. Mr. Chairman, I oratories and centers’’; the following: move to strike the requisite number of (B) by striking ‘‘supersonic’’ in subsection (iii) $160,400,000 shall be for Commercial words. (a) and inserting in lieu thereof ‘‘transsonic, Technology, of which $5,000,000 shall be for Mr. Chairman, I rise in support of the supersonic, and hypersonic’’, and business facilitators, selected by the Na- NASA space, the civilian space author- (C) by striking ‘‘laboratory’’ in subsection tional Aeronautics and Space Administra- ization bill, and I commend my col- (c) and inserting in lieu thereof ‘‘facility’’. tion from among candidates who receive at leagues on the Committee on Science Page 3, in the table of contents, after the least 25 percent of their resources from non- and on the Subcommittee on Space and item relating to section 322, insert the fol- Federal sources. lowing: Aeronautics for reporting out a well Mr. CRAMER (during the reading). balanced and reasonable authorization ‘‘Sec. 323. Unitary Wind Tunnel Plan Act of Mr. Chairman, I ask unanimous con- 1949 amendments.’’. bill that will maintain our Nation’s sent that the amendment to the leadership in using space science to en- Mr. ROHRABACHER. Mr. Chairman, amendment be considered as read and hance research and development ef- this bipartisan manager’s amendment printed in the RECORD. forts. The bill continues our commit- was crafted from 3 distinct minor The CHAIRMAN pro tempore. (Mr. ment to the space station while im- amendments which have no impact on QUINN). Is there objection to the re- proving congressional oversight of the funding level of this bill and simply quest of the gentleman from Alabama? international cooperation in the confine-tune or add policy provisions. There was no objection. struction of the space station. It moves The first part authored by the distin- Mr. CRAMER. Mr. Chairman, the in- forward in the orderly process of pro- guished ranking member of the Sub- tent of my amendment is to insure the moting the commercial use of both the committee on Space and Aeronautics provisions in the bill dealing with the space station and the space shuttle. strikes a policy provision relating to business incubators. Business incuba- The Office of Space Commerce will pro- freezing Space Station management re- tors create a level playing field for the vide a secure location to advance this sponsibilities we had included in the future establishment of additional in- sort of activity. bill at the time of the markup, and I cubators. I commend my colleague I am particularly impressed by the support the language of the gentleman from Florida [Mr. WELDON], who was progress being made in the mission to from Alabama [Mr. CRAMER]. The sec- here earlier on his interest and support Planet Earth. This project will pay ond part is a clarification of the range for the future establishment of these major dividends for the understanding of scientific data we are recommending incubators and his willingness to work of our global environment. Through that NASA purchase from the commer- with me on this issue. the Earth observing system that is cial data providers. Mr. Chairman, my amendment enjoys part of this project, NASA will be able b 1330 bipartisan support, and I urge its adop- to collect very important data on the tion. level of ozone in the atmosphere, the There has been a lot of interest in Mr. WELDON of Florida. Mr. Chair- impact of climate changes on long- comets and asteroids as of late. We did man, I rise in support of the change in term weather patterns and the rela- not want to leave them out. language offered by the gentleman tionship between gases in the atmos- Now the third part is an amendment from Alabama. I have no intention to phere and productive land use manage- by the gentleman from Tennessee [Mr. oppose this amendment, but accept ment. This project is providing the sci- HILLEARY] which was offered success- this amendment. I am happy to craft entific foundation for sustainable de- fully in the last Congress to perfect the the language in such a way that busi- velopment on our planet. I look for- language of the Unitary Wind Tunnel ness incubators would be available at ward to continued progress on experi- Plan Act of 1949 based on technological other NASA centers that currently are ments with microgravity, one of the progress that has been made since 1949, not taking advantage of this, I think areas of concentration of the NASA and I support Mr. HILLEARY’S language. an excellent tool to make sure that the Lewis Research Center outside of the As further evidence of how bipartisan technology that is developed within city of Cleveland in my district. our work in this bill has been, each of NASA is better transmitted out into Mr. Chairman, the international these parts were agreed to by the mi- the economy where it can accrue to the space station will provide an ongoing nority side, and so I combined them benefit of all the people of the United environment for advanced micro- into a single amendment to save our States. gravity experiments. Those experi- time here on the floor. Mr. SENSENBRENNER. Mr. Chair- ments will help our country conduct Mr. Chairman, I yield to the gen- man, will the gentleman yield? the basic research needed to treat dis- tleman from Alabama [Mr. CRAMER]. Mr. WELDON of Florida. I yield to eases, develop new generations of plas- Mr. CRAMER. Mr. Chairman, I rise the gentleman from Wisconsin. tics and better understand the growth in support of the en bloc amendment. I Mr. SENSENBRENNER. Mr. Chair- of plants. will have an amendment to the amend- man, the majority accepts this amend- Mr. Chairman, it is with pride that I ment, but I do support the manager’s ment, and I would like to point out urge my colleagues to support the ci- amendment. that it does have an offset so there is vilian space authorization bill. Mr. ROHRABACHER. Mr. Chairman, no increase to the authorization of the The CHAIRMAN. The question is on I yield back the balance of my time. bill. There is an offset from another the amendment offered by the gen- AMENDMENT OFFERED BY MR. CRAMER TO THE section of the bill. I think that is the tleman from Alabama [Mr. CRAMER] to AMENDMENT OFFERED BY MR. ROHRABACHER way we ought to be considering these the amendment offered by the gen- Mr. CRAMER. Mr. Chairman, I offer amendments, and I would encourage tleman from California [Mr. an amendment to the amendment. the committee to adopt the amend- ROHRABACHER]. The Clerk read as follows: ment to the amendment. The amendment to the amendment Amendment offered by Mr. CRAMER to the Mr. ROHRABACHER. Mr. Chairman, was agreed to. amendment offered by Mr. ROHRABACHER: At I move to strike the last word. The CHAIRMAN pro tempore. The the end of the amendment add the following: Mr. Chairman, I also accept the question is on the amendment offered Page 14, line 14, strike ‘‘$915,100,000’’ and amendment, and I commend both the by the gentleman from California [Mr. insert ‘‘$920,100,000’’. gentleman from Alabama [Mr. CRAMER] Page 16, strike lines 4 through 14 and insert ROHRABACHER], as amended. the following: and the gentleman from Florida [Mr. The amendment, as amended, was (iii) 152,800,000 shall be for Commercial WELDON] for the work they have put in agreed to. Technology, of which $5,000,000 shall be for to insuring as we did work in this com- Mr. PASCRELL. Mr. Chairman, I business facilitators, selected by the Na- mittee that we did not overlook the move to strike the last word. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1835 Mr. Speaker, I rise today in support Page 21, line 6, strike ‘‘$13,881,800,000’’ and Mr. ROEMER. That is correct, on of H.R. 1275. As we debate the author- insert in lieu thereof ‘‘$12,260,500,000’’. amendment No. 5. ization of the civilian space program I Page 21, line 7, strike ‘‘$13,925,800,000’’ and The CHAIRMAN. Is there objection insert in lieu thereof ‘‘$11,816,600,000’’. to the request of the gentleman from wish to remind my colleagues of the Page 21, line 18, strike ‘‘303’’ and insert in importance of investing in NASA. lieu thereof ‘‘203’’. Indiana? Throughout the years there have been Page 23, line 21, strike ‘‘(1) through (4)’’ There was no objection. calls to abandon our commitment to and insert in lieu thereof ‘‘(2) through (4)’’. The CHAIRMAN. The gentleman technological advancement by shifting Page 30, line 6, strike ‘‘308(a)’’ and insert in from Indiana [Mr. ROEMER] and the funding from these important pro- lieu thereof ‘‘208(a)’’. gentleman from Wisconsin [Mr. SEN- grams. Having the foresight to resist Page 31, line 13 through 18, strike section SENBRENNER] will each control 30 min- 130. these efforts and invest in our future utes. Page 31, line 19, through page 40, line 3, The Chair recognizes the gentleman has yielded critical advancements in strike title II. areas such as medicine, public safety, Page 40, line 4, redesignate title II as title from Indiana [Mr. ROEMER]. consumer products and transportation. II. Mr. ROEMER. Mr. Chairman, I yield These spinoffs include safety improve- Page 40, line 6, through page 74, line 17, re- myself such time as I may consume. ments for our school buses, water puri- designate sections 301 through 322 as sections Mr. Chairman, this is an important fication systems for our homes, emer- 201 through 222, respectively. amendment for many reasons. We have Page 2, in the table of contents, strike the gency rescue cutters to free accident all had the opportunity in a recent item relating to section 130. election to tell our constituents how victims and enhanced alarm systems Page 2, in the table of contents, strike the for our prison guards, the elderly and item relating to title II. devoted we are to balancing the budg- the disabled. Page 3, in the table of contents, redesig- et, and we have all sat back home in Particularly in health care, the ad- nate title III and sections 301 through 322, as our individual districts in Indiana and vancements due to NASA have been re- title II and sections 201 through 222, respec- Iowa and California and in Maine, markable. We have developed a digital tively. across this great country, that we imaging breast biopsy system which Mr. ROEMER. Mr. Chairman, I ask would come here and work in a biparti- greatly improves the treatment and unanimous consent that all debate on san way and make the tough but fair cost of surgical biopsies. As we work this amendment be limited to 1 hour, decisions to balance the budget. This, together in this body to help women with time equally controlled by myself Mr. Chairman, is a tough decision, and with breast cancer, this nonsurgical and the chairman of the committee, it is fair based upon how poorly this tool has been and will continue to be Mr. SENSENBRENNER. program has performed over the last an essential part of safer, less trau- The CHAIRMAN pro tempore. Is the decade. matic treatment. And instead of hav- gentleman talking about this amend- Now let me give my colleagues the ing to use the less accurate, more pain- ment and all other amendments? example, Mr. Chairman. Back in 1984 ful thermometer, Mr. Chairman, I hold Mr. ROEMER. I am talking about this program started out with an $8 bil- in my hand, thanks to NASA tech- this particular amendment, No. 5. lion price tag. Now in 1997 it will cost nology, we now have this ear thermom- The CHAIRMAN pro tempore. Is our American taxpayer about $100 bil- eter which would not have been devel- there objection to the request of the lion to finish this space station, $8 bil- oped if it had not been for NASA. It has gentleman from Indiana? lion to $100 billion. That is according helped physicians improve the treat- Mr. SENSENBRENNER. Mr. Chair- to the General Accounting Office which ment of our own children. man, reserving the right to object, and is a nonpartisan group of scholars and I bring this device to the floor today I do not intend to object, let me clarify thinkers here that gets us research, $8 to highlight the importance of this that of the time allocated to the pro- billion to $100 billion. vote. This thermometer is an excellent ponents of the amendment, does the That would be like an example that example of the advancement that has gentleman from Indiana intend to yield maybe I can relate better to, and some developed directly from our investing 15 minutes of that time to Republican of our constituents, but because we are in NASA. supporters of the amendment, and then talking about real big bucks there, This is an important vote today. It is I would yield 15 minutes of my time to what about if someone as a constituent easy to say we are for improving peo- Democratic opponents of the amend- went to buy a car in 1984 and that car ple’s day-to-day lives, but it is another ment? dealer said, ‘‘Mr. ROEMER, we’re going actually to vote in a manner that Mr. ROEMER. Mr. Chairman, will the to sell you a car for $8,000, and it’s achieves that goal. While we all are gentleman yield? going to have power windows, it’s conscious of reining in our spending Mr. SENSENBRENNER. I yield to going to have air-conditioning, it’s practices by cutting programs that the gentleman from Indiana. going to have a tape player, it’s going have failed to meet the objective, I rise Mr. ROEMER. I would be happy, Mr. to have all these marvelous things; today to say that NASA is not one of Chairman, to try to divide that equal- $8,000, sir,’’ and I bought it. Now in 1997 these programs, and I urge my col- ly. The sponsor of my amendment is a he comes back and says, ‘‘Hey, I’m leagues to support the space program Republican, and it is a bipartisan sorry. That car is going to cost you and the space station and to allow us amendment. However, I would just ask $100,000, and I am going to take the to continue developing critical tech- my colleague to be flexible with that 15 tape player away, you are going to nology that improves our lives. minutes, depending upon people’s have to suffer through the summer- The CHAIRMAN pro tempore. Are schedule, how many Republicans and time, no air-conditioning and no power there any other amendments? Democrats we have at any given time windows.’’ AMENDMENT OFFERED BY MR. ROEMER to speak on the floor. That is kind of what the space sta- Mr. ROEMER. Mr. Chairman, I offer So I will try my best to have it tion has become. It has gone from 8 sci- an amendment. equally divided to answer the gentle- entific missions to 1 or 11⁄2. It has gone The CHAIRMAN. The Clerk will des- man’s question. from $8 billion to $100 billion, and now ignate the amendment. Mr. SENSENBRENNER. Mr. Chair- the United States taxpayer has sent al- The text of the amendment is as fol- man, further reserving the right to ob- most a billion dollars to Russia be- lows: ject, the gentleman from Indiana [Mr. cause now they are 11 months late in Amendment offered by Mr. ROEMER: Page ROEMER] is saying yes and no, and I their participation in the space sta- 9, line 12, through page 10, line 6, amend guess I will accept it for getting on tion, which is jacking up the cost for paragraph (1) to read as follows: with it. the American taxpayer. (1) For the Space Station, for expenses nec- Mr. Chairman, I withdraw my res- This is not a good deal for us. This is essary to terminate the program, for fiscal ervation of objection. a terrible deal for the taxpayer. There year 1998, $500,000,000. Page 13, line 9, strike ‘‘308(a)’’ and insert in The CHAIRMAN. The gentleman is $100 billion, and more and more of it lieu thereof ‘‘208(a)’’. from Indiana is talking about amend- going over to Russia. Page 14, line 3, strike ‘‘308(a)’’ and insert in ment No. 5 and all amendments there- Now you are going to hear, Mr. lieu thereof ‘‘208(a)’’. to; is that correct? Chairman, you are going to hear this H1836 CONGRESSIONAL RECORD — HOUSE April 24, 1997 argument on the floor: Well, we have All of these things can give us a pres- If the gentleman from Indiana has already spent $18 billion, let us finish ence until we find out what exactly our his way, it is going to be a long time the job. manned presence should be in the next before other countries rely on the Unit- How do we justify 18 billion bad dol- century. Should it continue to be comed States of America in any inter- lars down a rat hole and then another mercial rockets and the shuttle and national undertaking, whether it be in $70 billion later on? That is what this some other kind of a space station that space or in science or anything else, be- is going to cost; $18 billion down a rat works, or should we ultimately and fi- cause if we back away from the space hole and then $70 billion into a black nally say, enough is enough to the station now, we will have burned them hole in space. That is not a good ex- American taxpayer. so significantly with funds on their penditure of taxpayer dollars. We are not getting good science out own. We are also going to hear about of this project, we are not getting a re- The gentleman from Indiana says science. We are going to hear that this turn on the dollar. Let us have the that if we kill the space station, we can thing is going to discover the cure to courage to take on the special inter- save a great big bunch of money. I have AIDS and cancer and help school buses. ests, to kill this program, and move heard the figure $75 billion touted There is not anything that that space forward and give the men and the about. I do not know whether that is station cannot do. women of NASA who are doing tremen- accurate or not. But that includes the Let me read for my colleagues a cou- dously good work with 85 percent of cost of maintaining and operating the ple quotes from some scientists, not this NASA program and budget, let us shuttles that will be used for assem- politicians. Let me read some quotes give them the opportunity to continue bling the space station. That cost is from some scientists. This is a quote to do that good work in these other going to be there. from a Dr. Robert Park, who is a pro- areas I have outlined. If the space station is not set up, we fessor of physics at the University of Mr. Chairman, I reserve the balance are going to be using the shuttles for Maryland. He says: of my time. other things and expending the tax- The greatest single obstacle to continued Mr. SENSENBRENNER. Mr. Chair- payers’ money for it, so very little of exploration of space is the international man, I ask unanimous consent that 15 that $75 billion is going to be saved, be- space station. Cost overruns and construc- minutes of my time be yielded to the cause we will be utilizing the equip- tion have been accommodated by postponing gentleman from Alabama [Mr. ment that the taxpayers have already what little science is planned for the station. CRAMER], and that he have the right to bought and paid for, as well as paying yield portions of that time as he sees for other types of microgravity re- b 1345 fit. search. There is one scientist. Another sci- The CHAIRMAN pro tempore (Mr. The fact is that the cost of complet- entist, Dr. Bloomfield, professor of QUINN). Is there objection to the re- ing and operating the space station be- physics at the University of Virginia, quest of the gentleman from Wiscon- tween now and the year 2012 will be he says: sin? about $23 billion for the United States, The space station is an insatiable sponge There was no objection. about $10 billion to finish the station for resources, drawing the life and vitality Mr. SENSENBRENNER. Mr. Chair- by the year 2002, and about $13 billion from many exciting and sorely needed NASA man, I yield myself such time as I may to operate it for the next 10 years. That programs. consume and I rise in opposition to the includes the cost of the shuttle flights So that the space station is amendment. and the research in this total. cannibalizing other very, very good Mr. Chairman, the gentleman from We hear the argument all along that programs that are returning good Indiana [Mr. ROEMER] gets high marks it is no-good science. Now, I have heard science to us. for persistence. This is his annual a lot of testimony of scientists in my He also states: amendment to kill the space station. time on the Committee on Science, and We are in danger of building a fantastically However, he gets equally low marks for many of the scientists approach the expensive scientific laboratory in which no his logic, because he wants the Amer- Committee on Science saying the important scientific work will be accom- ican taxpayer to back away from the science that I am doing is good science plished. $18 billion that we have already spent and we should give more money to it. Another scientist. There seems to be on the space station, leaving this house The science that other scientists are some consensus of opinion from some half built, breaking the international doing I think should be a much lower of these scientists. This is Dr. Ursula commitments that we have made to priority, and I really do not care if you Goodenough, professor of biological our closest allies in Western Europe, defund it. So we can trot out scientists sciences. She says: Canada, and Japan, and stiffing them on each side of the argument. But let I am an avid fan of space science and would the $6 billion that they have spent out me quote what some of the scientists be very happy to see the international space of their own funds because he says, told the subcommittee of the gen- stations appropriations go instead to aero- ‘‘the space station has no useful pur- tleman from California [Mr. space contracts and NASA jobs geared to the pose.’’ ROHRABACHER] a couple of weeks ago. further exploration of the universe, planets The space station does have a useful Dr. Larry DeLucas of the University and earth. purpose, and it also means that if we of Alabama at Birmingham testified Mr. Chairman, we all talk about bal- build the space station, we will con- that shuttle-based microgravity re- ancing this budget. We all talk about tinue to have the United States of search has led to ongoing clinical tests doing things in a bipartisan way. I America be the leadership in manned in drugs for the flu, stroke, and open offer this in a bipartisan way with the space flight for the next generation. heart surgery. The shuttle’s maximum gentleman from Iowa [Mr. GANSKE], a If the gentleman from Indiana [Mr. duration mission is 16 days. The sta- Republican. ROEMER] has his way, not only will tion is permanent, and we can do much We all talk about not having cost America be out of manned space flight, more research on that. overruns in our programs. This is a $92 but so will the rest of the world, be- Dr. Jane Milburn Jessup of Harvard billion cost overrun, and the scientists cause these programs are so expensive Medical School is researching colon are saying, we do not want it. Fund they have to be internationalized, and cancer through space research. Dr. NIH where we are trying to do things no other country will be able to pick Lelund Chung of the University of Vir- on breast cancer and Parkinson’s and that up. I think that would be a shame. ginia is studying prostate cancer AIDS, and where two out of four of I think it would be shocking. I think it through space research. Dr. Reggie those grants are not adequately fund- would demonstrate that the United Edgerton of the Division of Life ed. States of America is an unreliable Sciences at UCLA testified that micro- Let us solve some of these problems partner because of the commitments gravity research is already aiding stud- right here, right now, but not cut off that we have asked other countries to ies of neurocell regeneration, which space. I am very supportive of the shut- undertake in building the space sta- can help us cure or ameliorate spinal tle and the Hubble and the great ob- tion, and which all but Russia have cord and other nerve injuries. servatories and the faster and cheaper done so and have spent their own tax- I am married to a person who has a and better programs, and Galileo. payers’ money. spinal cord injury, who is paralyzed April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1837 from the waist down. It is a terrible ing, development of exotic new mate- tle and on Mir have produced no evi- disability for anybody to have that rials that could revolutionize any ter- dence that microgravity offers any ad- kind of an injury. If we can figure out restrial processes, and the design of vantage for processing or manufactur- some way, any way, to help regenerate new pharmaceutical processes as well. ing. The few experiments in areas such those neurocells following a spinal cord The space station, as has been point- as turbulence and fluid phase transi- injury, the grief, the trauma, the pain ed out, is an international cooperative tions that might benefit from a micro- that someone like my wife has to en- venture including cost-sharing by more gravity environment could be con- dure can be solved for future people than a dozen nations. If we turn our ducted on unmanned platforms or the who might have those kinds of injuries. back now, our lawyers will inherit a shuttle. Now, we can accelerate this research possible nightmare that we will have to Turning to life sciences, experiments by having a permanent space station sort through. on the shuttle and Mir have established rather than having 16-day shuttle mis- Now, there is one issue that my col- that diverse organisms can go through sions. We are building a space station league, Mr. ROEMER, will bring up over their full life cycle in a microgravity that allows this research to be done 365 and over, and that is the concern in the environment. This fundamental ques- days a year. Mr. Chairman, I hope the delays over the Russian involvement, Members do not back out on their pre- tion of whether important biological the Russian funding of its space station processes can occur in microgravity vious commitments to the space sta- contributions. I believe, under the lead- tion. I hope the Members, once again, has already been answered. The answer ership of the chairman and ranking is yes. reject the Roemer amendment. member of the full committee, that Mr. Chairman, I reserve the balance this bill contains tough provisions to It is also no surprise that vestibular of my time. make it clear to Russia that we expect organs, bones, muscles of larger mam- Mr. CRAMER. Mr. Chairman, I yield them to honor their commitments to mals, are affected by microgravity. We myself such time as I may consume this program. have known that as physicians for and I rise in opposition to the amend- Mr. Chairman, this is a bad amend- years. If we have a bedridden patient, ment. ment. I urge Members to defeat it. they lose bone mass. There is no evi- Mr. Chairman, I rise in strong opposi- Mr. Chairman, I reserve the balance dence, however, that studies of these tion to the annual Roemer amendment. of my time. effects have contributed to an under- It is springtime and he is persistent, Mr. ROEMER. Mr. Chairman, I yield standing of how organisms function on and here we are again. Since I came to Earth. the Congress in 1991, we have had more 4 minutes to the distinguished gen- than 25 votes on this issue in the com- tleman from Iowa [Mr. GANSKE], a co- The possibility of growing better pro- mittee and on the floor, so needless to sponsor of the amendment and a Re- tein crystals is often cited as a benefit say, most Members of this House, ex- publican. of the space station. Such crystals are cept for our new Members of the 105th Mr. GANSKE. Mr. Chairman, I rise in important in determining the molecu- have had an opportunity to hear these support of the Roemer-Ganske amend- lar structure of proteins. However, arguments that we make every year. ment. On Tuesday, the gentleman from years of growing protein crystals on I want to echo some of the comments Indiana [Mr. ROEMER] and I were suc- the shuttle and on Mir have made no that the gentleman from Wisconsin cessful in our efforts to save the tax- discernible contribution to determin- [Mr. SENSENBRENNER], the chairman of payers $6 million when NASA decided ing any new structure. the Committee on Science, has made to end the Bion Program. This was a Mr. Chairman, we came to Washing- already. It is just too late for us to small down payment on the $75 billion ton to make some tough choices. I hope turn our back on this program. It we could save by cutting the space sta- my colleagues will agree with me that would not be the responsible thing to tion. it is necessary to ground this orbiting do. I do want to make a few additional Space station supporters say that erector set. One of my heroes when I points for the freshman Members that since we have already spent $18 billion, was an undergraduate at the Univer- may not have heard this debate for the well, we cannot stop now. I disagree. sity of Iowa was Dr. James van Allen, first time. Now is the time to stop throwing discoverer of the van Allen radiation The international space station is money into this black hole. It would be belt. not a new program. Even as we debate doing our allies a favor if we killed this today, there are thousands of engineers jobs program now. I talked to him yesterday about the and scientists that are hard at work in Despite repeated promises, the Rus- space station. He pointed out that the the United States, Canada, Japan, Eu- sians still have not paid for critical principal scientific achievements of rope, and Russia, building and testing space station components. As a result, NASA have been accomplished by un- the space station systems and compo- the first space station launch will be manned exploration: Galileo, Viking, nents. More than 160,000 pounds of delayed at least 11 months. The space Pioneer, Voyager, the Mariner mis- hardware have already been built in station is already $300 million over sions. The exceptions have been the United States alone. The program budget for the next 2 years. Congress Hubble, which has needed some mainte- is scheduled to start launching the imposed a spending cap which lost its nance, and Apollo. But he also pointed first segments of the space station next teeth before we even launched the first out that the Russians brought back year. piece of hardware. rock samples from the Moon with un- This amendment, this annual Roemer The sad truth is that if we do not manned missions. amendment, would waste all of that cancel the space station, it will con- Dr. van Allen told me, ‘‘The Space hard work and the taxpayer dollars tinue to be the Pac-Man that eats up Station purposes are grossly incom- that have been spent today on the sta- everything else at the expense of im- mensurate with the cost.’’ I think that tion program. That is not the fiscally portant other NASA programs. says it all. responsible thing to do. I believe the Federal Government The space station makes good sense. Mr. SENSENBRENNER. Mr. Chair- does have a role in space research, but man, I yield 2 minutes to the gen- I wish that other Members had the opin this case, the space station will ulti- tleman from Texas [Mr. BRADY]. portunity to hear the testimony of the mately, in my opinion, impede our world class scientists that appeared be- knowledge of outer space because it Mr. BRADY. Mr. Chairman, like fore the committee this year and other will eat up those funds for unmanned other fiscal conservatives, I find this years, as well regarding the advances space exploration. amendment attractive on its surface. that they believe will be responsible or But a closer look reveals and has re- b will be possible from the research con- 1400 peatedly shown that the scientific crit- ducted in the weightless environment Let me explain briefly why I think icism is not valid and the cost savings of space, research that cannot be con- the Space Station will not fulfill the are exaggerated. Killing the space sta- ducted here on earth. scientific goals first envisioned. tion at this point in its life would ulti- These potential advances span the First, if we look at the physical mately prove to be penny wise yet spectrum from increased understand- sciences, years of research on the shut- pound foolish. H1838 CONGRESSIONAL RECORD — HOUSE April 24, 1997 We all know that major leaps in man- Mr. CRAMER. Mr. Chairman, I yield the environment of space, which will be kind’s progress require a major com- 3 minutes to the gentleman from Cali- a landmark in the history of the mitment over a long time and an abil- fornia [Mr. BROWN], the ranking mem- human culture, and it is worth the ef- ity to look beyond the immediate hori- ber of the full committee. fort we are making today. zon. The international space station is Mr. BROWN of California. Mr. Chair- Mr. ROEMER. Mr. Chairman, I gladly no different. This is a fiscally respon- man, I thank the gentleman for yield- yield 2 minutes to the distinguished sible investment which will produce ing time to me. gentleman from Michigan [Mr. CAMP], real benefits for American families. Mr. Chairman, sometimes I have dif- a Republican. While the space station is long-term ficulty determining what the value of Mr. CAMP. Mr. Chairman, I thank in nature, the return on our invest- these perennial debates are, but being the gentleman for yielding time to me, ment is significant and very well worth an eternal optimist, I am going to as- and I thank him for his efforts in this making: in new drugs to battle our sume that they will result in some en- matter. most stubborn diseases; in knowledge lightenment on those who have not Mr. Chairman, I rise in support of the to protect and preserve our earth’s en- been sufficiently informed. Roemer-Ganske amendment. This No- vironment; and in the potential for a Mr. Chairman, the history is subject vember NASA will begin to launch $94 vast number of new jobs for the 21st to a lot of debate. It is true that, as billion into orbit. This is a project century resulting from the commercial with every project I have been associ- plagued with delays, cost overruns, and opportunities in space. ated with over the last 30-odd years, unfulfilled promises. Russian assur- We cannot afford not to continue this there are misrepresentations made, not ances have fallen short, and the Amer- investment, this critical investment in intentionally but necessarily, as to ican taxpayer has been left holding the America’s future. I respectfully urge what the final cost and parameters of bag. We cannot afford this big budget my colleagues to defeat this amend- any project like this will be, and the action adventure in space. ment and continue our historic support space station is one of those. The space station, originally budg- for the space station. We are finding out some interesting eted at $8 billion, has become the black Mr. ROEMER. Mr. Chairman, I yield things. It represents some break- hole of the taxes of hardworking Amer- 2 minutes to the gentleman from Wis- throughs which we did not anticipate. icans. It threatens our ability to bal- consin, Mr. TOM BARRETT. for example, the inclusion of the Rus- ance the budget. Space is infinite, but Mr. BARRETT of Wisconsin. Mr. sians was never planned, it was ser- our resources are not. Chairman, I want to applaud my col- endipitous, and it may have some bene- It is time for Congress to get its leagues, the gentleman from Iowa [Mr. ficial effects. There were over-promises spending priorities in order, and admit GANSKE] and particularly the gen- made about what the research would that we cannot afford a $94 billion tleman from Indiana [Mr. ROEMER] for do, but nobody questions the fact that playground in space. We need to get se- consistently fighting this very lonely there will be valuable results from the rious about what the core functions of fight. research. This fight reminds me a lot of that the Federal Government are while we The most important thing is that if childhood story of the emperor has no continue to run budget deficits year Members really believe that there is clothes, because the gentleman from after year, and have a national debt of any potential for human activity in Indiana in particular has stood by the almost $5.3 trillion. space, it has to have a space station. side of this parade now for many, many We are all amazed by the promises of There is no other way that you can years. space exploration and the excitement When this parade first started, this gain the experience both of creating the space station generates. We should emperor space station was walking the infrastructure to house these hu- be amazed at the $200,000 every child in down the street and we were told that mans, and for humans to get the expe- this country owes in interest on the na- this is cloaked in fiscal responsibility, rience which will allow them to functional debt during their lifetime. Con- that this is a responsible project, it tion in a near-Earth orbit, far-Earth gress should invest this $94 billion in costs $8 billion. Of course, we saw that orbit, on the surface of the Moon, on our children’s future. it was not a real cloak. The emperor’s Mars, anywhere else. We have to start. Mr. CRAMER. Mr. Chairman, I yield space station was wearing no clothes at Killing the space station kills the 5 minutes to the gentleman from Texas that time. start. We would say, in effect, we abdi- [Mr. HALL], my very dedicated col- So what happened several years cate any future for humans in space. league. later? We were told this is the greatest The opponents have made some (Mr. HALL of Texas asked and was thing since the polio vaccine, that we statements about costs, that it is going given permission to revise and extend are going to solve all the problems in to cost I think the figure is $75 million his remarks.) the world with this. Again, the em- more to complete the space station. Mr. HALL of Texas. Mr. Chairman, peror space station has no clothes. The life of the space station is antici- once again we have a bad amendment Then they had a close call 2 years pated to be between 10 to 15 years, so offered by some good guys. ago, 215, 214. Now we had all sorts of what we are saying is that it is going Mr. Chairman, opponents of the space new bells and whistles and balloons to cost more than twice as much per station say the station is going to cost that went in this parade, and we were year after the space station is built as the American taxpayers $94 billion by told this is going to help us reach it is costing for the space station to be 2012, as Chairman BROWN has pointed world peace because we are going to built. That is ridiculous on its surface. out and Chairman SENSENBRENNER has work with the Russians, and by work- Mr. Chairman, the fact of the matter pointed out, rather than the $8 billion ing with the Russians we are going to is that we are going to build this space for construction in 1994. What are the really move forward. station for something fairly close to facts? What have we seen in the last the original cost, and then we are I think we need to go back over the month? The emperor space station has going to maintain it for 10 to 15 years. facts one more time. The redesign over no clothes. Those opponents of the We are going to fly the shuttle to it the past couple of years has lowered space station have a tough fight. There several times a year. We are going to the expected cost. That is a hard, cold are powerful forces that create jobs in put new supplies, new experiments, fact. The project is two-thirds com- parts of the country for people because new other things up there. pleted. It is a matter of math. The $94 of the space station. All of this costs money, it is not billion figure is an overstatement be- I have no problem with the jobs pro- going to cost $75 billion. But even if it cause it adds projected operating ex- gram. But if all this is a jobs program, does cost a fraction of that, half that, penses to the cost of construction. let us call it that and let us spread the say, this is not building the space sta- As the chairman has noted in a Dear money out evenly throughout the Unit- tion, this is operating the space station Colleague that we received some time ed States. But the time has come for for the purpose of which it was built: ago, American taxpayers have invested Congress to say that the emperor space namely, to expand human abilities to about $18 billion in the international station has no clothes, and to end this live and work and produce new knowl- space station, and we are more than economic folly. edge for the whole of human culture in halfway through building the hardware April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1839 we need. We will spend another $10 bil- to battle many of the problems of the fact is that we have invested about $18 lion to complete the space station in 20th century, the space station rep- billion in a program which from my 2002, and $13 billion to operate it until resents the combined hopes of many viewpoint appears to work. It would be the year 2012, Mr. Chairman, for a total nations that we will find some of the one thing if we were investing funds of $23 billion. answers beyond the Earth’s atmos- year in and year out and showing no re- This year’s funding, like last year’s phere. sults to walk away from the program, funding, cost each American an aver- b 1415 but that is not what is going on here. age of 2.2 cents a day. If Members want We are looking at a program where to hear a real outcry from young I urge my colleagues to oppose the we are building up, where it is going to America, cancel this space station. The Roemer-Ganske amendment and sup- work, and it would be a grave mistake cost of terminating the project would port the international space station. and really a bad business decision for be far greater, thousands of jobs would Mr. ROEMER. Mr. Chairman, I yield us to walk away at this point, to break be lost, and the potential for creating 2 minutes to the gentleman from Ne- the contracts, to say that we are not new high-technology industry would braska [Mr. CHRISTENSEN], a pretty going to go forward. absolutely be lost. We also would lose good basketball player, a Republican. The gentleman from California [Mr. the hope of curing diseases and making Mr. CHRISTENSEN. Mr. Chairman, I BROWN], the ranking Democrat, is also other scientific discoveries that could thank the gentleman from Indiana for correct that if we are going to continue save or enhance the lives of everyone yielding me the time. as a nation to lead the world in space in our planet. We lose far more by ter- This has been a lonely fight for my exploration, we are the only ones that minating the space station than we do friend, and it has gradually caught sup- are going to do it, as the gentleman by keeping it. port. I am looking forward to helping from Wisconsin [Mr. SENSENBRENNER] Opponents of that have stated that him on this fight. said. And if we do not do it with this, reliance on unstable partners like Rus- I am hearing a lot of the arguments as the gentleman from California [Mr. sia could jeopardize the project. Of that remind me of the arguments that BROWN] says, if we do not build the sta- course, I have concern over their insta- I watched on TV a few years ago about tion, we will stop at this point and we bility. But the truth is that Russian the superconducting super collider, the will lose ground. participation is still needed. It is very great atom smasher down in Texas. If I think it would be a very serious important, because of the expertise that was the boondoggle of the 1980’s, mistake. Yes, we have spent the vast they bring to the project. this program must be the boondoggle majority of the money, and we made The Committee on Science unani- of the 1990’s. Because by every cost es- progress. Yes, two-thirds of the hard- mously adopted an amendment offered timate that I have seen, it is way over ware has been developed. Yes, there are by the chairman and the ranking mem- budget. It is not getting the promised problems with the Russians. I think ber, the gentleman from California, results that we had hoped for. having the Russians involved in this as [GEORGE BROWN], that addresses the We can disagree on whether it is $94 well as all the other nations involved Russian problem. Their amendment billion or $74 billion or $84 billion, but in this program is good foreign policy prohibits U.S. funding of work pledged it has run over cost. It is a year behind. for America. to be done by Russia. It requires NASA The Russians have not lived up to their If the Russians fall out, we have con- to develop a contingency plan should part of the deal, but we keep funding it tingency plans in place, but I do not the Russians default, and requires the because it is two-thirds done. think we should focus the argument President to make a decision by Au- I am not sure that is the best philos- solely on the Russian problem. We can gust 1, 1997, on whether to proceed with ophy and the best argument to be sell- take care of that if they fall out of it, permanent replacements for the Rus- ing here. Maybe there is some other but it is still incumbent upon the Unit- sian items. I think they have covered issue we could be talking about. The ed States to lead. the waterfront. It also directs NASA to facts are, it is overdone; it is overrun. I would encourage my colleagues to certify that Mir meets U.S. safety They have not lived up to the bargain. once again defeat this amendment. It is standards. We need to take a look at the fiscal not going to balance the budget. We We also have to consider that we responsibility of this Congress. We are are fooling ourselves if we think that it have other partners who have commit- $5.4 trillion in debt. Do we keep fund- is. We have to prioritize the budget and ted billions of dollars toward the space ing a program because it is already find where we can make cuts, but we station: Japan, Canada, and the Euro- there, just because it is there, mainly have to keep the country moving for- pean community. This is an inter- because it is set in Florida and Texas ward at the same time. national station. Russia is only one of and California? Or do we really look at I would also urge my colleagues on the many worthy participants. some of the scientific aspects and can the subsequent amendment offered by The opponents also argue that the we accomplish those in a much more my friend, the gentleman from Indiana project has questionable scientific economic manner? [Mr. ROEMER], with regard to the merit. What are the facts? Biomedical I really applaud the gentleman from agreements with the Russians, that we and materials research in space has Indiana [Mr. ROEMER] and the gen- defeat that and pass the authorization. very impressive results. The ability to tleman from Iowa [Mr. GANSKE] for Mr. ROEMER. Mr. Chairman, I yield provide a permanent manned platform putting effort into this. Maybe this 1 minute to the gentleman from Ten- for conducting research has the poten- year, with the help of other Members nessee [Mr. DUNCAN]. tial for far greater rewards. on both sides of the aisle, we can pass Mr. DUNCAN. Mr. Chairman, I rise in We need to remember that we must this bill and pass this amendment. But support of this amendment. Like so pursue our dream. We must pursue this I do look forward to a good argument many Federal programs, Congress was dream. Out of splitting the atom we and I respect both sides. given a low-ball figure at the first and got the MRI and the CAT scan. We Mr. CRAMER. Mr. Chairman, I yield was told in 1984 that this program have to keep going forward. We have to 2 minutes to the gentleman from Texas would cost only $8 billion. Now the keep our heads up. We have to keep fol- [Mr. BENTSEN], a strong advocate for General Accounting Office, not our fig- lowing the star that might really be a NASA and the space station. ures but the figures from the General deliverance to all of the people, to (Mr. BENTSEN asked and was given Accounting Office tell us that the cost young and old, future and present. permission to revise and extend his re- will be at least $94 billion. Some esti- The space station began as a dream, marks.) mates of the ultimate cost when all ex- but through hard work, careful plan- Mr. BENTSEN. Mr. Chairman, I want penses are figured in are much, much ning and the financial commitment of to echo the comments made by my sen- higher. James J. Kilpatrick, nationally many nations, it became a reality. The ior Member, the gentleman from Texas syndicated columnist, said: This is space station represents an investment [Mr. HALL]. ‘‘pure folly and that the cost itself has in our future. I hate to have to oppose an amend- now gone into orbit.’’ This project will As we prepare for the many chal- ment by my good friend, the gentleman ultimately be the most expensive sin- lenges of the 21st century and continue from Indiana [Mr. ROEMER], but the gle project ever funded by the Federal H1840 CONGRESSIONAL RECORD — HOUSE April 24, 1997 Government, and that is really saying Mr. ROEMER. Mr. Chairman, I yield (Mrs. ROUKEMA asked and was something. 2 minutes to the gentleman from given permission to revise and extend An editorial in the Washington Post Michigan [Mr. UPTON], my good friend her remarks.) in 1991, when the cost estimates were and a Cubs fan. Mrs. ROUKEMA. Mr. Chairman, I much lower than now, said this ‘‘The Mr. UPTON. Mr. Chairman, I prefer rise in strong support of the Roemer- diversion of $30 billion would be a sad to talk about the Wolverines instead of Ganske amendment. At an estimated thing even if the Federal Government the Cubs, I would have to say, this cost of $94 billion, this space station had money to burn. Money for the year. has become Congress’s latest sacred space station will have to be squeezed Mr. Chairman, I rise in strong sup- cow. And this at a time when we are out of other research of value to soci- port of the Roemer-Ganske amend- trying to balance the budget, we are ety and to science, including space ment. Before I was in the Congress, cutting very important social pro- science.’’ this Congress made the decision to go grams and we are substantially cutting Mr. Chairman, we do not have money ahead with the space station; but when other research projects. to burn. We need to support this they made the decision to go ahead I rise in strong support of the Roemer- amendment. with it, I in fact worked at the Office of Ganske amendment to terminate space station Mr. SENSENBRENNER. Mr. Chair- Management and Budget. And I re- funding. Simple put, the Space Station Pro- man, I yield 2 minutes to the gen- member well the argument that took gram is a luxury item the United States cannot tleman from Florida [Mr. WELDON]. place within the Office of Management afford when the national debt exceeds $4.5 Mr. WELDON of Florida. Mr. Chair- and Budget in terms of what the cost trillion. man, I rise in strong opposition to the was going to be. The suggested cost At an estimated cost of $94 billion, the Roemer amendment. was about $8 billion. Then it was $12, space station has become Congress' new sa- We have heard a number of points then it was $15, now I understand we cred cow, at a time when we are trying to bal- made repeatedly today that I would have spent $18 billion already. Three ance the budget and important social pro- like to address, one of them being that years ago I took to this floor and ar- grams and other research projects are being this project somehow costs $100 or $90 deeply cut, it is unconscionable that once billion. To say that this project costs gued in support of this amendment, they were saying then that the cost again this bill includes full funding of the space that much money would be similar to station which is already vast billions over the saying that the Louisiana Purchase did was going to be $45 billion. I come today and it is $94 billion. No, that is original estimates. not cost $14 million. It cost billions of It is absolutely unconscionable that not million, that is billion dollars. dollars for all of those settlers to move we are again including full funding for I listened to the comments of the into the West and build all those cities. this which is already vast billions over gentleman from Iowa [Mr. GANSKE] Included in that figure is the cost of all the original estimates. today about one of the great NASA the shuttle missions and all of the re- The Space Station Program is so fun- supporters of all time, Dr. van Allen, search that is going to be done on the damentally flawed that when President Clinton what he had to say. It is not worth the space station. It is very, very unfair to selected a new scaled-back design for the make those kinds of comparisons. bang for the buck. I can remember space station in 1994, the chosen design sat- We heard firsthand in our committee talking to some of my colleagues in the isfied only one of the eight original design ob- the tremendous amount of good quality past years about how this amendment jectives. Despite the substantial redesign, sci- scientific research that will be possible or how this space station is so impor- entists across the spectrum remain critical of on the space station. We research into tant for the advancement of science. the station because of its costs and irrele- areas like the treatment of existing They said: FRED, go back to your dis- vance to real science. Many contend that the diseases, development of new tech- tricts and talk to your pharmaceutical research proposed for the station could be nologies that can help deal with prob- folks, talk to some of the people there conducted for far less money on the space lems like spinal cord injuries and bone and find out what this science will do. shuttle, on smaller spacecraft, or through the disease and heart disease. I did. And they came back and they use of satellites, with the money saved being I would also like to point out that said, it is not worth the bang for the used for projects having more scientific merit there have been a number of Members buck. It is not worth it; $94 billion. or for environmental protection, housing who have mentioned about all these Mr. Chairman, we have heard from a needs, emergency food and shelter programs, cost overruns that have occurred in the lot of newspapers, and some of them veterans programs, and deficit reduction. program already. The vast majority of have suggested that we just simply This is despite the fact that continuous re- those cost overruns were caused by this vote for the continuation of this pro- definition of the goals and designs have in- body redesigning the space station over gram to keep the dream alive. Well, I flated the cost of this project more than $86 and over and over again. Once we, the have to say something, that when we billion. The originally cost being $8 billion, with House of Representatives, stopped see a budget increase grow from $8 bil- construction scheduled for 1994. Now, the monkeying with it, lo and behold, lion to $94 billion, it sounds more like Government Accounting Office estimates that NASA has been able to stay on budget a nightmare, it does not sound like a it will cost the American taxpayers $94 billion and on schedule. They have done a darn dream. The Taxpayers for Common to build the space station by 2012. good job on it. Sense, the Citizens Against Govern- Taxpayers have already spent $18 billion on Finally I would like to say one addi- ment Waste all say support the Roemer the space station since 1984, with few tangible tional thing. I believe when Queen Isa- amendment. As we think about our results. Furthermore, with NASA's poor track bella was approached about funding Co- children and their future, the $5.5 tril- record on cost-overruns, it is doubtful that lumbus, there were those who said, no, lion national debt, the almost $300 bil- NASA has any idea how much it will cost no, no, do not do it. Each time he want- lion that we are going to spend on in- American taxpayers to maintain and operate ed to go back, there were people who terest. We have to start making some the space station. said do not give him any more money. tough choices. One of those is support- With reference to Mr. SENSENBRENNER's re- Likewise, during the Mercury, Gemini ing this amendment. marks which characterizes the space station and Apollo Programs, I know that Mr. SENSENBRENNER. Mr. Chair- as the primary source of research for medical there were Members in this body, prob- man, I reserve the balance of my time. procedures. Please, if we were to put a frac- ably motivated by the fact that the The CHAIRMAN pro tempore (Mr. tion of these billions on medical research here program had absolutely no funding QUINN). The gentleman from Indiana at home. Instead we are cutting medical re- coming into their district, chose to op- [Mr. ROEMER] has 111⁄2 minutes remain- search in our pressing need to balance the pose it and vote against it. I am sure ing, the gentleman from Alabama [Mr. budget. none of those Members today would CRAMER] has 31⁄2 minutes remaining, We need the space station $4.2 billion here stand up and speak proudly of the fact and the gentleman from Wisconsin [Mr. on Earth. I urge my colleagues support of this that they were opposed to one of the SENSENBRENNER] has 6 minutes remain- important amendment. greatest accomplishments in the his- ing. Come back to EarthÐwe can't keep chatter- tory of American exploration. Mr. ROEMER. Mr. Chairman, I yield ing about balancing the budget. I encourage Members to vote against 2 minutes to the gentlewoman from Threatening to take food out of the mouths Roemer. New Jersey [Mrs. ROUKEMA]. of little babiesÐthe WIC Program cutbacks, April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1841 while still funding this enormous pork barrelÐ is not only critical, it is essential. We are not talking billions, we are lets use some common sense and set our pri- While I think our space program can talking about millions. orities so that the people will again respect provide significant scientific contribu- In fact, my good friend from Indiana this elected body and trust us to keep our tions to society, I do not think the did not agree to substantially reduce or word. space station is worth the price. shut down the National Endowment for Now, both the gentleman from Indi- Of the eight original scientific objec- the Arts. ana [Mr. ROEMER] and the gentleman tives for the program, only two remain, Another point I want to make is that from Iowa [Mr. GANSKE] have fully and just two out of the eight. Many of the we are talking about a program that rationally explained the alternative proposed experiments can be done on only is $23 billion to completion. So we programs that are conducting research. unmanned satellites or aboard the are not talking about billions and bil- They have explained the deficiencies in space shuttle for just a fraction of the lions of dollars, but $10 billion for com- the space station project. They have cost. pleting it and $13 billion for the oper- adequately outlined the fact that the NASA now says that the primary rea- ation for the next 10 years. authoritative scientific community is son to build the space station is for the My friends, there is no parallel be- deeply split on this project. But I sake of learning how to build a Space tween this and the super collider. We would like to refer in my limited time Station. In the wake of our $5 trillion have promises we have made to other to the gentleman from Wisconsin [Mr. national debt, I do not think we can af- countries. We must keep them. SENSENBRENNER] comments and others ford to pursue a multibillion dollar en- Author J.G. Holland said, ‘‘Heaven is who have referred specifically to medi- deavor of questionable scientific merit. not reached by a single bound. But we cal research projects leaving the im- I hope my colleagues will make their build the ladder by which we rise.’’ We pression here with our colleagues that stands for the taxpayers today and are currently building that ladder, in a this is the only source of research fund- vote for the Roemer amendment, be- series of bounds. What we find at the ing for new medical procedures. That is cause once again, my colleagues, as we top of this ladder will inspire future not anywhere near accurate. struggle with how to find sufficient generations to imagine, explore, and The gentleman from Iowa [Mr. dollars for education, for seniors, for actually see, first hand, the unprece- GANSKE] spoke eloquently to that sub- our environment, this spending is criti- dented advances that the space station ject. But, let me put it this way. If we cal. will provide. We must retain funding were to put only a fraction of those bil- Mr. SENSENBRENNER. Mr. Chair- for the space station. I urge a ‘‘no’’ lions of dollars into the medical re- man, I yield 2 minutes to the gen- vote on the Roemer-Ganske amend- search here at home, we would be doing tleman from Florida, [Mr. STEARNS]. ment. vast good for the American people. In- (Mr. STEARNS asked and was given Mr. CRAMER. Mr. Chairman, I yield stead, we are cutting medical research permission to revise and extend his re- 1 minute to the gentleman from Cali- in our very pressing need to balance marks.) fornia [Mr. SHERMAN] who is a new the budget. Mr. STEARNS. Mr. Chairman, I have Member and new to this debate. That brings me to the point. Come on heard some of these arguments. The (Mr. SHERMAN asked and was given back down to Earth. We cannot keep problem is that this project is two- permission to revise and extend his re- chattering about balancing the budget thirds complete in operation. We are marks.) and threatening to take food out of the not talking about something like the Mr. SHERMAN. Mr. Chairman, my mouths of little babies and cutting super collider here where we are just colleagues, when Columbus set sail, enormous amounts from other medical starting it and then we killed it. Even about two-thirds of the way into the research projects when we are funding then there were large termination fees. journey a group of his sailors rose up this enormous pork barrel. Let us call Here is a project that is two-thirds and urged that the project be defunded. it what it is, pork barrel. Let us use complete into the operation. America would not be here today if some common sense and set our prior- Now, these folks keep talking about that amendment had not been defeated. ities so that the people will again re- a $92 billion overrun. That is over 15 There are many reasons to support spect this elected body and trust us to years. That is about $6 billion a year. the International Space Station. It is a keep our promises. This is a project that we are almost al- way for us to build bridges with other Mr. ROEMER. Mr. Chairman, I yield ready about to see the light at the end countries, including former adversar- 2 minutes to the gentleman from New of the tunnel, so I think we are too far ies. It is a way to build our own aero- Jersey [Mr. LOBIONDO]. along to consider terminating it. It space industry, which is already our (Mr. LOBIONDO asked and was given may be $92 billion in overruns, however leading source of exports. permission to revise and extend his re- it turns out to be a very small number I wish my colleagues had been able to marks.) over the 15-year period. join me at Rocketdyne, where I saw Mr. LOBIONDO. Mr. Chairman, I rise This amendment lost by 65 percent how they are developing batteries for a today in strong support of the Roemer last year in the 104th Congress. I will space station that could well lead to amendment to terminate funding for bet that the gentleman from Indiana breakthroughs in an electric auto- the international space station. In my [Mr. ROEMER] and everybody else in the mobile. view the space station is not a respon- House would love to win an election by We will find cures for diseases, per- sible use of taxpayer dollars. It was 65 percent. The majority of people here haps AIDS, cancer, influenza, or diabe- originally projected to cost $8 billion. in Congress believe this space program tes. Most important of all, humankind Recent estimates put the price tag at is a good project, yet time and time belongs in space. The space station is $94 billion. The $18 billion that has again the gentleman, Mr. ROEMER our stepping stone to where we belong been spent thus far in construction brings this up. I will bet on the last day in the next millennia. only began in 1995. of the project the gentleman will bring Mr. ROEMER. Mr. Chairman, I would up the fact that we have to shut this inquire how much time is left. b 1430 program down. Another thing is that The CHAIRMAN pro tempore (Mr. It is time for the taxpayers to cut we will not be able to shut this project QUINN). The gentleman from Indiana their losses. Eliminating the program down because of our agreements with [Mr. ROEMER] has 71⁄2 minutes remain- now will save $78 billion, four times many, many countries. ing; the gentleman from Wisconsin what has been spent this far, dollars I would point out to those that keep [Mr. SENSENBRENNER] has 4 minutes re- that are desperately needed for pro- coming to the House floor and saying maining; and the gentleman from Ala- grams here at home. NASA is project- this is fiscally irresponsible to push bama [Mr. CRAMER] has 21⁄2 minutes re- ing the space station budget to be an this space station, I went back to the maining. average of 75 percent over budget from vote on the National Endowment for Mr. ROEMER. Mr. Chairman, I yield what they originally planned. the Arts on June 22, 1994, and almost myself the balance of my time. As somebody who spent over 25 years without an exception these people Mr. Chairman, let me just say, first in a small business, I find that spend- could not even reduce and do away of all, that I am delighted that we have ing dollars wisely and cost efficiently with a program that was $160 million. been able to, for the most part, conduct H1842 CONGRESSIONAL RECORD — HOUSE April 24, 1997 this debate in a very civil and biparti- should kill this project. I would en- [Mr. CRAMER] has 30 seconds remain- san way. A number of Republicans and courage my colleagues to take a good ing. Democrats have stood up on both sides look at this, to read their DSG, which Mr. CRAMER. Mr. Chairman, I yield of this great Chamber and disagreed on really outlines the arguments on both the final 30 seconds to the gentle- whether or not to support this particu- sides, and vote a tough vote that will woman from Texas, [Ms. EDDIE BERNICE lar amendment. I would urge my col- upset some special interest groups. It JOHNSON]. leagues to support this amendment to might take away some support, but it Ms. EDDIE BERNICE JOHNSON of cancel the space station. will resonate with the American people Texas. Mr. Chairman, let me simply A number of groups that are devoted that we need to balance the budget. say that my colleague here is right day in and day out to deficit reduction Mr. Chairman, I yield back the bal- when he wants to stop a lot of the support this legislation, and let me ance of my time. spending. I fully agree, but I do not read a few of them. This amendment is Mr. CRAMER. Mr. Chairman, I yield want to stop it where there is a penny- endorsed by the Taxpayers for Common 1 minute to the gentleman from Ohio wise and a pound-foolish. Sense, the National Taxpayers Union, [Mr. KUCINICH], also a new voice in this We have gone into the unknown in the Citizens Against Government debate. research, all of our existence as a na- Waste, the Concord Coalition, and the (Mr. KUCINICH asked for and was tion. This research has brought us Citizens for a Sound Economy. given permission to revise and extend many answers. If we do not explore the Now, Mr. Chairman, those groups do his remarks.) unknown, we cannot remain on the not go around, I do not think, saying Mr. KUCINICH. Mr. Chairman, skep- cutting edge, we cannot continue to we need to spend more money here and ticism is a healthy expression in a de- battle diseases that plague us and the protect these jobs, and we need to do a mocracy, but skepticism should never viruses and all. little more money here, and would you permit us to stop reaching upward in We also know that we can commer- please vote for this increase across the establishing new frontiers. In the cialize many of the products and offer board here. Their mission, which is a words of the poet, ‘‘A man’s reach jobs and give good income for our coun- difficult one in America today, is to should exceed his grasp or what is a try. I fully support the space station. try to get to a balanced budget. heaven for?’’ The CHAIRMAN pro tempore. The We all come here, Democrats and Re- We should not let skepticism blind time of the gentlewoman from Texas, publicans alike, and we all talk about the American willingness and ability Ms. EDDIE BERNICE JOHNSON, has ex- balancing that budget, but then we to envision a better future. In the pired. All time that was yielded to the delay some of the tough votes. I think words of the prophet Isaiah, ‘‘Without gentleman from Alabama [Mr. CRAMER] this is an appropriate vote to signal to vision, a people perish.’’ We, in this has expired. our Democratic leadership at the White Congress, are called upon to see the Mr. SENSENBRENNER. Mr. Chair- House and here in the House and over health care benefits, to see the medical man, I yield the final 4 minutes to the in the other body and to the Repub- technology benefits, to see the indus- gentleman from California [Mr. lican leadership in this body and over trial technology benefits which comes ROHRABACHER], the subcommittee in the other body that we want these from the space program. chairman. talks to balance the budget to con- We are called to join with those vi- Mr. ROHRABACHER. Mr. Chairman, tinue; that we are willing to make sionaries who have given this country I thank the gentleman from Wisconsin tough choices over here; and that we the ability to adapt to an undreamed of [Mr. SENSENBRENNER] for yielding the can anticipate even tougher choices future. America’s destiny is to keep time. coming at us in the next few weeks. reaching onward and upward. Mr. Chairman, first of all, I would There are going to be proposals to Mr. CRAMER. Mr. Chairman, I yield like to congratulate the gentleman cut different defense projects. There 1 minute to the gentlewoman from from Indiana [Mr. ROEMER], who again have already been proposals in the Texas [Ms. JACKSON-LEE], a very dedi- has drawn our attention to the fact Committee on Appropriations to cut cated member of the committee. that we should not rubberstamp any the WIC Program for women, infants (Ms. JACKSON-LEE) of Texas asked major programs or even minor pro- and children. We will see proposals to and was given permission to revise and grams that go through the House of cut back on different discretionary extend her remarks.) Representatives. His diligence over the spending programs for education. Ms. JACKSON-LEE of Texas. Mr. years has prevented us from becoming This is the choice, ladies and gentle- Chairman, I say to the gentleman from complacent. His diligence has ensured men. We can vote to cut a program like Indiana [Mr. ROEMER] he is a good that we have tried to make this pro- this that is $75 to $80 billion over budg- friend, and I recognize that this is an gram, to the very best of our ability, to et; that has gone from eight scientific annual rite of passage. But let me join be as cost effective and as efficiently missions to 1 or 11⁄2; that is not per- with my colleague by saying that the run as possible, if nothing else, to de- forming the way that the taxpayers de- American people do have vision and we tour the criticism of the gentleman serve; and that is going to send off al- will not perish. from Indiana [Mr. ROEMER] that comes most $1 billion to Russia of our tax- NASA and the space station rep- up on the floor every year. payers money under the guise of the resents success, success in efficiency, To that regard, he is serving a useful NASA budget. success in downsizing effectively, suc- function, and this is a very fine exam- Now, I think that is not such a tough cess in outsourcing and giving oppor- ple of bipartisan democracy at work in choice. I think we should send a signal tunity to commercial enterprises, suc- the sense there are people on both sides to the American people and the respec- cess in microgravity research, where fi- of the issues and we have people who tive Democratic and Republican lead- nite results help in our pharmaceutical are very sincere in what they are try- ership that we are serious about deficit industry, success in health research ing to say. reduction; that we will make tough that helps diabetes, AIDS, health dis- I may have agreed with the gen- choices; and that we are going to make ease, and cancer. tleman from Indiana [Mr. ROEMER] had fair choices, and they are not going to Finally, might I say, what will we do we been making this decision 10 years be choices that hurt children and hurt with $500 million to destroy the pro- ago or 12 years ago. I may have agreed families and hurt those that need a gram? That is down a hole and we will with him perhaps even 8 years ago, per- safety net. never find it. Let us save the space sta- haps. But today we have gone down the In conclusion, Mr. Chairman, yes, it tion, for it is for our children, it is for road, and to turn back now after this is my annual fight; yes, when the our future, it is for our health, it is the long journey has only begun but as we springtime comes and the cherry blos- right thing to do. The space station de- are halfway down the road to the des- soms are out, I offer this amendment, serves our further consideration. It is a tination would be irresponsible on our and I do it because I believe it is the vision for tomorrow. It is a vision of part and would actually cause more right thing to do. I believe that for the America. waste than what the gentleman from taxpayer, for the United States of The CHAIRMAN pro tempore (Mr. Indiana [Mr. ROEMER] would save by America, and for good science we QUINN). The gentleman from Alabama cutting the program. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1843 The gentleman from Indiana suggests RECORDED VOTE Istook Millender- Sensenbrenner that he supports the shuttle program, Jackson (IL) McDonald Serrano Mr. ROEMER. Mr. Chairman, I de- Jackson-Lee Miller (FL) Sessions but many of the savings that he talks mand a recorded vote. (TX) Mollohan Shadegg about that would be saved as part of A recorded vote was ordered. Jefferson Moran (KS) Shaw slicing off the Space Station Program The vote was taken by electronic de- Jenkins Morella Sherman were achieved only by the fact that the John Murtha Shimkus vice, and there were—ayes 112, noes 305, Johnson (CT) Neal Sisisky space shuttle would not be used to put not voting 16, as follows: Johnson (WI) Nethercutt Skaggs Ney Skeen the space station up; the shuttle would [Roll No. 90] Johnson, E. B. be used for other things, as well. Johnson, Sam Northup Skelton AYES—112 Jones Norwood Smith (NJ) b Ortiz Smith (TX) 1445 Barrett (WI) Hinojosa Obey Kasich Oxley Smith, Adam Bass Holden Olver Kelly We will not make savings in that Packard Smith, Linda Bereuter Inglis Owens Kennedy (RI) Pappas Snowbarger area until we develop a new and less Berry Kanjorski Pallone Kennelly Parker Snyder costly way of putting people and pay- Bilbray Kaptur Paul Kildee Pascrell Souder Blagojevich Kennedy (MA) Paxon Kilpatrick loads into space, which is something Pastor Spence Blumenauer Kind (WI) Pelosi Kim we are trying to do in our budget. Payne Spratt Brown (OH) Kingston Peterson (MN) King (NY) Pease Stabenow The international space station will Camp Kleczka Pomeroy Klink Peterson (PA) Stearns be a magnificent technological Carson Klug Portman Knollenberg Petri Stenholm Chabot LaFalce Poshard Kolbe achievement of historic proportions. It Pickering Stokes Christensen Largent Ramstad Kucinich will be of significance, historical sig- Pickett Stump Coble Latham Rivers LaHood Pitts Sununu nificance. People will remember that it Coburn Lazio Roemer Lampson Pombo Talent was this generation that stepped for- Conyers Leach Roukema Lantos Price (NC) Tauscher Costello Levin Sanders ward and placed our first frontier post, LaTourette Pryce (OH) Tauzin Coyne Lipinski Sanford manned frontier post into the next Lewis (CA) Quinn Taylor (MS) Cunningham LoBiondo Schaffer, Bob Lewis (GA) Radanovich Taylor (NC) frontier. It is from that post, it is from Danner Lowey Schumer Lewis (KY) Rahall Thomas this penetration of that great barrier, DeFazio Luther Shays Linder Rangel Thompson Delahunt Maloney (NY) Shuster that great frontier that now is beyond Livingston Regula Thornberry Dellums Markey Slaughter Lofgren Reyes Thune us and confronts us, that will be the Dingell McCarthy (MO) Smith (MI) Lucas Riggs Thurman moment that people will say, this is Doyle McHugh Solomon Maloney (CT) Riley Tiahrt Duncan McInnis Stark where the conquest of space began for Manton Rodriguez Torres Ensign McNulty Strickland this generation. Martinez Rogan Traficant Evans Meehan Stupak Whatever great leap forward man- Mascara Rogers Turner Fattah Miller (CA) Tierney Matsui Rohrabacher Walsh kind has ever taken has always had a Foglietta Minge Upton McCarthy (NY) Ros-Lehtinen Waters Frank (MA) Mink Vento situation where there were people who, McCollum Rothman Watt (NC) Franks (NJ) Moakley Visclosky No. 1, said that we should not go, or, McCrery Roybal-Allard Weldon (FL) Ganske Molinari Wamp McDade Royce Weller No. 2, this is not the right method, or Goode Moran (VA) Watkins McDermott Rush Wexler as the program proceeded, they were Goodlatte Myrick Watts (OK) McGovern Ryun Weygand Gutierrez Nadler Waxman doubters about the program and doubt- McHale Sabo White Hamilton Neumann Woolsey ers about the specific goal that the McIntosh Salmon Whitfield Herger Nussle McIntyre Sanchez Wicker people had in mind. Hilleary Oberstar Six years ago, I sat on this floor and McKeon Sandlin Wise NOES—305 McKinney Sawyer Wolf we came very close to canceling the C– Meek Saxton Wynn 17 project. The C–17, which is a mag- Abercrombie Castle Flake Menendez Scarborough Young (AK) nificent aircraft, an aircraft that now Ackerman Chambliss Foley Metcalf Schaefer, Dan Young (FL) Aderholt Chenoweth Forbes Mica Scott ensures that the United States is the Allen Clay Ford No. 1 aerospace power in the world, Archer Clayton Fowler NOT VOTING—16 that we can project our forces any- Armey Clyburn Fox Andrews Hoekstra Towns where in the world now, and people all Bachus Collins Frelinghuysen Bishop Manzullo Velazquez Baesler Combest Frost Clement Porter Weldon (PA) over the world look to us in awe of this Baker Condit Gallegly Cubin Schiff Yates great achievement. Baldacci Cook Gejdenson Furse Smith (OR) The C–17 almost went down for the Ballenger Cooksey Gekas Hefner Tanner Barcia Cox Gephardt same arguments that the gentleman Barr Cramer Gibbons b 1509 from Indiana [Mr. ROEMER] is now Barrett (NE) Crane Gilchrest making against the space station. Bartlett Crapo Gillmor The Clerk announced the following After that vote, my father called me. Barton Cummings Gilman pair: Bateman Davis (FL) Gonzalez On this vote: My father was a pioneer in air trans- Becerra Davis (IL) Goodling Ms. Vela´ zquez for, with Mr. Towns against. port aviation. He flew DC–3’s all over Bentsen Davis (VA) Gordon the Pacific in World War II. He re- Berman Deal Goss Mr. SKAGGS and Mr. SALMON Bilirakis DeGette Graham changed their vote from ‘‘aye’’ to ‘‘no.’’ minded me that every time they had Bliley DeLauro Granger come up with a new aircraft, there had Blunt DeLay Green Messrs. OWENS, SHUSTER, SCHU- been cost overruns, there had been Boehlert Deutsch Greenwood MER, and DELLUMS changed their kinks in the program, and there had Boehner Diaz-Balart Gutknecht vote from ‘‘no’’ to ‘‘aye.’’ Bonilla Dickey Hall (OH) been problems that were unforeseen So the amendment was rejected. Bonior Dicks Hall (TX) The result of the vote was announced and they had to overcome those prob- Bono Dixon Hansen lems and overcome the naysayers in Borski Doggett Harman as above recorded. Boswell Dooley Hastert PERSONAL EXPLANATION order to make those achievements. Boucher Doolittle Hastings (FL) We must overcome our doubters to Boyd Dreier Hastings (WA) Mr. HINOJOSA. Mr. Chairman, today on make this next great achievement for Brady Dunn Hayworth rollcall vote No. 90 I was recorded as voting mankind, the great achievement that Brown (CA) Edwards Hefley ``yes.'' I meant to cast a ``no'' vote. I oppose Brown (FL) Ehlers Hill eliminating funding for the space station. This will be in the history books, a manned Bryant Ehrlich Hilliard space station. This is our job. Bunning Emerson Hinchey is a project which has my wholehearted sup- The CHAIRMAN pro tempore (Mr. Burr Engel Hobson port. QUINN). All time having expired, the Burton English Hooley AMENDMENT OFFERED BY MR. ROEMER Buyer Eshoo Horn question is on the amendment offered Callahan Etheridge Hostettler Mr. ROEMER. Mr. Chairman, I offer by the gentleman from Indiana [Mr. Calvert Everett Houghton an amendment. ROEMER]. Campbell Ewing Hoyer The CHAIRMAN. The Clerk will des- The question was taken; and the Canady Farr Hulshof ignate the amendment. Cannon Fawell Hunter Chairman pro tempore announced that Capps Fazio Hutchinson The text of the amendment is as fol- the noes appeared to have it. Cardin Filner Hyde lows: H1844 CONGRESSIONAL RECORD — HOUSE April 24, 1997 Amendment offered by Mr. ROEMER: the last several years with the Rus- Mr. Chairman, I will ask unanimous Page 40, after line 3, insert the following sians being our partner, we have paid consent to withdraw the amendment, new section: them $463 million to rent Mir, and our but first the distinguished gentleman SEC. 206. CANCELLATION OF RUSSIAN PARTNER- distinguished chairman said earlier from Wisconsin [Mr. SENSENBRENNER] SHIP. Not later than 90 days after the date of the that that is not a very safe space sta- may like to comment on this. enactment of this Act, the Administrator tion at this point, with a leak. Mr. SENSENBRENNER. Mr. Chair- shall terminate all contracts and other We have spent $215 million of U.S. man, I rise in opposition to the amend- agreements with the Russian Government taxpayer money on the service module, ment. necessary to remove the Russian Govern- which is now 11 months late. We are Mr. Chairman, I think this amendment as a partner in the International Space taking $200 million out of the shuttle ment can be appropriately dubbed the Station program. The National Aeronautics program and creating a new line item dumb like a fox amendment, because if and Space Administration shall not enter called the Russian cooperation pro- it is passed and the Russians are into a new partnership with the Russian kicked out now, that will result in a Government relating to the International gram. We will probably send a couple hundred million more. That is close to huge unanticipated cost that will bust Space Station. Nothing in this section shall the $2.1 billion cap that we have had, prevent the National Aeronautics and Space $1 billion, Mr. Chairman, $1 billion of Administration from accepting participation NASA money going to the Russians. and then the gentleman from Indiana by the Russian Government or Russian enti- Now, if they were on time and on will come back and say, I told you so, ties on a commercial basis as provided in schedule and helping us in an inter- there is a cost overrun, and we ought section 202. Nothing in this section shall pre- national way, in a scientific manner to pass my amendment to kill the vent the National Aeronautics and Space Ad- complete the space station on time, I space station to begin with. ministration from purchasing elements of would say, let us go, let us have the So I do not think that we should pass the International Space Station directly this amendment, even though I have from Russian contractors. participation. The gentleman from Wisconsin [Mr. probably been the most severe critic of Page 2, in the table of contents, after the the Russian participation in this pro- item relating to section 205, insert the fol- SENSENBRENNER] has tried to tighten lowing: up the accounting practices and put a gram in the entire Congress. better accountability into the bill, but The problem, Mr. Chairman, is not ‘‘Sec. 206. Cancellation of Russian partner- the Russian technicians or the Russian ship.’’. if we cannot pay, and as Reuters, the manufacturers, it is the Russian Gov- news center says, the Russians are Mr. ROEMER. Mr. Chairman, this ernment and not making the payments probably not going to have the money amendment is very, very simple. All it to their contractors and subcontrac- to pay; those accounting practices and does is to cancel out the Russian par- tors to do the work on those elements ticipation in the international space principles do not do any good. So I would really urge this body to of the space station that the Russians station. agreed to build. even go further than the gentleman Mr. Chairman, this amendment is I certainly hope that Russia will from Wisconsin [Mr. SENSENBRENNER] simple and concise. It simply says that clean up its act and live up to its inter- the Russians have not fulfilled their has gone in this bill with his language national obligations, because this is obligation under the contract of an and really try to get the Russians to the first test of whether the new Russia international space station and, there- live up to their responsibility. will do so; and so far, the Russians I will not call for a rollcall vote on fore, we should cancel the Russians out have flopped. They have broken prom- this amendment, Mr. Chairman. I of this participation. ise after promise after promise made to think this body has determined that b me, made to the gentleman from Cali- 1515 they want to proceed with the space fornia [Mr. LEWIS], who is the sub- Simply put, in the amendment it station with the last vote. But I would committee chairman; made to the Vice says: However, nothing in this section hope that this body would go beyond President of the United States, made shall prevent NASA from accepting what the gentleman from Wisconsin to the NASA administrator, and made participation from the Russian Govern- [Mr. SENSENBRENNER] has done in this to the President of the United States. ment or Russian entities on a commer- bill and at some point say to the Rus- The problem, as I see it, is the fact cial basis as provided in section 202. sians if they are not reliable partners, that when this problem started to fes- That means they could be a tenant. if they are not living up to their fidu- ter, the Clinton administration trusted They could add on something to the ciary responsibility of the contract, the Russians to live up to their prom- international space station. then we eliminate them. ises; and after they broke one promise Mr. Chairman, they are 11 months be- It cannot just be foreign policy or after the other, the Clinton adminis- hind in fulfilling their fiduciary re- goodwill. This is $1 billion in American tration was not willing to admit that it sponsibility to the American taxpayer taxpayer money being taken out of made a mistake. and to NASA to build the service mod- good projects in NASA to go to the The provisions that we have in this ule. The service module would keep the Russian space agency. That is not wise, bill are designed to make the Clinton rest of the space station up, yet they prudent science; that is not fair to our administration reach timely decisions have not built it, so the American tax- taxpayers. I would offer this amend- so that we do not have to spend an payer is going to assume the costs. ment if I thought it had a good chance undue amount of extra money to re- Now, there is a great line in the to pass. Based on the last vote, I am place what the Russians do not appear movie ‘‘Jerry McGuire,’’ and it is ex- smart enough to know that it would with, should that happen. changed between the Academy Award not pass. There is a provision in this bill that winner, Cuba Gooding, and Tom Cruise. I will continue to fight the space sta- specifically prohibits NASA from pay- And he yells at the top of his lungs to tion and try to get accountability in ing the Russians to construct replace- Tom Cruise: Show me the money. He is this account. I think the distinguished ments for what the Russians promise yelling over and over, show me the chairman from Wisconsin should go to pay for in the original agreement. money. farther than he has done in this bill There are reporting requirements This relationship that we have be- language, which I supported in com- monthly so that NASA has to say in tween NASA and the United States mittee. And I hope that the Russians, public whether Russia is completing its could best be termed, throw me some if they continue to be as unreliable as agreement or not. There is a deadline money. Throw me money, American they have been, that the White House of August 1 for the President of the taxpayer, to the Russian space agency. and the legislative body would come United States to make a certification Let me go through some of the ex- together and ask them to be removed of whether we go ahead with Russia in- penditures that the NASA budget is from this partnership. cluded in this project. now throwing toward Russia. Let me This is not an anti-Russian measure, To sum up, the decision to include remind the Members of the body that Mr. Chairman. I think we should have the Russians and the details on the in- this is not the foreign aid bill that we a good, close engagement with the Rus- clusion of the Russians were made not are dealing with today, this is the sians, but we should not have foreign by the Congress but by the Clinton ad- NASA bill. Yet, in this bill and through aid in the NASA bill. ministration. If it does not work out April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1845 the way they advertised, then they are that Congress would have a discussion Page 31, strike lines 8 through 12 and insert the ones that ought to admit that they with the administration and poten- the following: made a mistake. This bill forces them tially revisit this issue again. SEC. 129. INTERNATIONAL SPACE UNIVERSITY. to make a decision on that question Mr. LEWIS of California. Mr. Chair- Funds appropriated pursuant to this Act man, reclaiming my time, I first would may be used by the National Aeronautics one way or the other. If the decision is and Space Administration to pay the tuition to disengage the Russians, the Presi- like to indicate that I very much ap- expenses of any National Aeronautics and dent of the United States will have to preciate on the one hand the gen- Space Administration employee attending tell us that and the President of the tleman suggesting that the amendment programs of the International Space Univer- United States will then have to tell us is going to be withdrawn; but on the sity held in the United States. Funds appro- how much it will cost to make up for other hand, I think it is very valuable priated pursuant to this Act may not be used what the Russians were supposed to that the gentleman brought this mat- to pay tuition costs of the National Aero- have done, and the Clinton administra- ter up in this fashion, for it is impor- nautics and Space Administration employees tant that the House be aware of these attending programs of the International tion relied on them, and their reliance Space University outside of the United was in error. problems and it is important that the States. Mr. CRAMER. Mr. Chairman, I move committee be responsive to these con- Mr. SENSENBRENNER (during the to strike the last word. cerns. reading). Mr. Chairman, I ask unani- Mr. Chairman, very quickly, since There is little doubt in my mind’s mous consent that the amendment be my colleague from Indiana [Mr. ROE- eye that having this international co- considered as read and printed in the MER], says that he will withdraw this operative effort go forward positively RECORD amendment, I want to take this time is extremely valuable to everybody in- The CHAIRMAN. Is there objection to once again congratulate the chair- volved. Indeed, the foreign policy im- to the request of the gentleman from man of the committee, the gentleman plications are obvious to anybody who Wisconsin? would look. But in turn, as these dif- from Wisconsin [Mr. SENSENBRENNER] There was no objection. and the gentleman from California [Mr. ficulties have arisen relative to Rus- Ms. JACKSON-LEE of Texas. Mr. BROWN] for making sure that this Rus- sia’s commitment, it is vital that the Chairman, first let me thank the chair- sian issue was settled within the com- committee be responsive and make man of the Committee on Science for mittee and facing off with the adminis- sure that we have mechanisms for his cooperation and his staff’s coopera- tration, because H.R. 1275 does contain judging the progress in the months tion, along with the ranking member, a number of tough provisions regarding ahead. So I am very appreciative of the the gentleman from California [Mr. work that the committee has done. the Russian participation in the Space BROWN], and the staff that worked with I would be happy to yield further to Station Program. my office on an issue that has been the gentleman from Indiana. Cooperation with the Russian Gov- consistently an important part of my Mr. ROEMER. Mr. Chairman, I appre- ernment does offer many benefits to commitment to science. That is the ciate the kind words of the gentleman. this country in terms of the space pro- issue of education. I just hope that we are not doing too gram. However, that cooperation has Mr. Chairman, this amendment in- little too late. That the Russians, if to be based on each party living up to volves the support of the International they are going to be genuine partners, its commitments. The space station Space University, but as well, it recog- that they pay their bills on time, that provisions in this bill send a strong sig- nizes the value that it has to our own they genuinely perform the services nal to Russia that we expect them to NASA employees. deliver on their promises. The provi- that they are contracted under, and I We have already acknowledged that sions also direct NASA and the admin- would hope, and I have confidence in the NASA employees are both dutiful, istration to prepare credible contin- the gentleman from California [Mr. certainly, and dedicated to the idea of gency plans in case the Russian con- LEWIS], and the Committee on Appro- science and research. The International tributions are further delayed. priations and the gentleman from Wis- Space University was founded in 1987 in So I think we have accomplished consin on the authorizing committee, Cambridge, MA, as an international in- what my colleague would set out to ac- that if it continues to slip like it has stitution of higher learning dedicated complish by this amendment. I am op- been slipping, that we really hold them to the development of outer space for posed to the amendment. to task and revisit this entire issue. peaceful purposes through multicul- I would ask unanimous consent to Mr. ROEMER. Mr. Chairman, how tural and multidisciplinary education withdraw the amendment at the appro- much time do I have remaining? and research programs. Frankly, it is a priate time, given the fine assurances The CHAIRMAN. Under the 5-minute diplomatic way to say that space be- that I have from the gentleman from rule, the gentleman’s time expired. longs to all of us, but we must do it in California and the concern expressed Mr. LEWIS of California. Mr. Chair- a cooperative way. man, I move to strike the requisite from the gentleman from Wisconsin. Mr. SENSENBRENNER. Mr. Chair- Mr. LEWIS of California. Mr. Chair- number of words, and I yield to the man, will the gentlewoman yield? gentleman from Indiana. man, just by way of closing comment, Ms. JACKSON-LEE of Texas. I yield Mr. ROEMER. Mr. Chairman, I appre- let me say that I have long appreciated to the gentleman from Wisconsin. ciate the kindness of the gentleman the gentleman’s involvement in this Mr. SENSENBRENNER. Mr. Chair- from California [Mr. LEWIS]. I would issue. Who knows, with the progress we man, it is my understanding that the only say that I did vote for the Sensen- are making here, my colleague may gentlewoman’s amendment prohibits brenner and Brown language in com- one day support space station, and I NASA from paying tuition for employ- mittee, which does establish some ac- would appreciate that as well. ees’ courses at the International Space counting and some different monitor- Mr. ROEMER. Mr. Chairman, I ask University for programs outside the ing mechanisms and does try to estab- unanimous consent to withdraw the United States, but allows for NASA to lish a structure to make the Russians amendment. pay tuition and fees for programs with- The CHAIRMAN. Is there objection more accountable for the rest of their in the United States. to the request of the gentleman from participation. I ask the gentlewoman, is my impres- Indiana? I would hasten to add that I hope sion correct? There was no objection. that, if the administration certifies in Ms. JACKSON-LEE of Texas. Mr. Are there further amendments? August that they still think that the Chairman, the gentleman is in fact cor- Russians should be a participant, then b 1530 rect on that. we might visit this as a Congress again AMENDMENT OFFERED BY MS. JACKSON-LEE OF Mr. SENSENBRENNER. With that if the Russians are still not performing TEXAS explanation, Mr. Chairman, let me say up to the tasks that are outlined under Ms. JACKSON-LEE of Texas. Mr. that I support the amendment and I do the agreements to pay for certain Chairman, I offer an amendment. hope it is adopted. things on time, which if they do not, The Clerk read as follows: Ms. JACKSON-LEE of Texas. Mr. delays the rest of the schedule and in- Amendment Offered by Ms. JACKSON-LEE of Chairman, I appreciate that clarifica- creases the cost of the space station, Texas: tion of the gentleman. I think with H1846 CONGRESSIONAL RECORD — HOUSE April 24, 1997 that clarification, it will still be of Mr. CRAMER. Mr. Chairman, I move director of NASA to make selections, great assistance to the training of our to strike the last word. but it does say that in order to ensure NASA employees. Mr. Chairman, I would like to rise in the safe, ongoing responsibilities of Might I say in closing two points: support of this amendment. I admire NASA that these employees be de- NASA has been involved with ISU since my colleague, the gentlewoman from clared as essential, saving us money, 1988 with the signing of a memorandum Texas. She is certainly a tireless advo- and again, protecting the responsibil- of understanding. In fact, we will have cate for NASA, for space station, for ities and duties of NASA. the International Space University all of NASA’s issues. I congratulate the Mr. SENSENBRENNER. Mr. Chair- housed in Houston, TX, this summer. It chairman for supporting this amend- man, I rise in opposition to the amend- travels throughout the United States ment. I, too, believe that ISU is a use- ment. and the world. I look forward to it ful, innovative approach. It is educat- Mr. Chairman, this amendment is going to many of our jurisdictions and ing the young people who will lead the micromanagement in its worst way. being of value. international space ventures of the fu- The NASA administrator has got the Mr. Chairman, I quote for the RECORD ture. power to declare all employees in his from a letter from J. Wayne Littles, di- I also, in endorsing the International agency essential, should there be a rector of the NASA’s Marshall Space Space University, want to endorse, as Government shutdown. He has the dis- Flight Center, who indicates that the gentlewoman read, the letter from cretion to make a determination on NASA is very supportive of the Inter- my director of Marshall Space Flight which employees are vital for the national Space University. It is part of Center, Dr. Wayne Littles. health and safety of continued oper- the agency’s training. The CHAIRMAN. The question is on ations of NASA. . . . ISU provides a unique opportunity for the amendment offered by the gentle- So to say that mission control walks NASA employees to interact with others in woman from Texas [Ms. JACKSON-LEE]. off the job if there should be a Govern- an international setting. In an expanding The amendment was agreed to. ment shutdown while a space shuttle global economy and at a time when space AMENDMENT OFFERED BY MS. JACKSON-LEE OF mission is up is ridiculous, because and aeronautics activities are increasingly TEXAS that is not going to happen. The NASA international in scope, this training is ex- Ms. JACKSON-LEE of Texas. Mr. administrator has the power to make tremely valuable for NASA employees. Chairman, I offer an amendment deal- Mr. Chairman, I include for the sure that those people who are respon- ing with essential NASA employees. sible for the safe operation of the shut- RECORD the letter from J. Wayne The Clerk read as follows: Littles. tle mission report to work and do their Amendment offered by Ms. Jackson-Lee of The letter referred to is as follows: jobs as usual. That is what happened Texas: during the unfortunate Government NATIONAL AERONAUTICS AND Page 75, after line 12, insert the following SPACE ADMINISTRATION, new section: shutdowns that we had in the last 2 Washington, DC, April 24, 1997. ‘‘SEC. 323. TREATMENT OF EMPLOYEES IN CASE years. Hon. SHEILA JACKSON-LEE, OF LAPSE OF APPROPRIATIONS. Mr. Chairman, this amendment is U.S. House of Representatives, In any case in which the Congress fails to also unfair because it singles out NASA Washington, DC. make appropriations for the National Aero- employees. Why should all NASA em- DEAR MS. JACKSON-LEE: It is my under- nautics and Space Administration for a fis- ployees be declared essential but not standing that you plan to introduce an cal year in advance of the fiscal year, every all employees of the FBI, not all em- amendment to H.R. 1275, the Civilian Space employee of the National Aeronautics and ployees of the Treasury Department, Authorization Act, Fiscal Years 1998 and Space Administration shall be considered as 1999, concerning Sec. 129, International essential.’’ not all employees of the Department of Space University Limitation. Page 3, in the table of contents, after the Health and Human Services, or any NASA is very supportive of International item relating to section 322, insert the fol- other department? Space University (ISU). As part of the agen- lowing: Mr. Chairman, I know that having a cy’s training program, ISU provides a unique ‘‘Sec. 323. Treatment of employees in case of broader amendment would be ruled out opportunity for NASA employees to interact lapse of appropriations.’’ of order as nongermane, but I think with others in an international setting. In an that it shows the terrible precedent expanding global economy and at a time Ms. JACKSON-LEE of Texas. Mr. when space and aeronautics activities are in- Chairman, I rise to support and offer this sets if we legislatively decree that creasingly international in scope, this train- this amendment in order, frankly, to employees of one department are all ing is extremely valuable for NASA employ- save money. essential but not decree that employees. We have determined in the last Gov- ees of other departments are all essen- Past participants have rated ISU as a very ernment furlough, which none of us tial. high quality training experience. In addition certainly would have welcomed, and Having said that, Mr. Chairman, let to an excellent curriculum, ISU has afforded certainly do not welcome that in the me say that it is my hope that we participants an opportunity to learn from future, that in actuality we lost never have another Government shut- other space agencies and multinational organizations, especially in areas such as strate- money. There were millions and mil- down. There are Members that are gic business practices, technical strengths lions of dollars spent by way of em- working on legislation that provide for and weaknesses, and cultural traditions in ployees being furloughed for the back- a continuation of appropriations if a the workplace. log that had to be recouped upon their budget deal is not reached by Septem- The realities of limited Government fund- return. ber 30. We have had a similar law on ing for space activities worldwide require NASA has essential duties, if you the books in the State of Wisconsin, NASA to be a skilled international player. will. For if, for example, during a fu- where I served in the State legislature We believe that participation in ISU helps ture Government shutdown that none for 10 years before I was elected to Con- NASA maintain its leadership position in the world space community. Current and future of us would argue for, a shuttle flight gress. NASA personnel must be able to participate is in progress, this amendment would When the budget was not passed on effectively in this community, and ISU pro- ensure against unintended results be- time, which was more often than when vides an excellent venue for developmental cause of budget negotiations. In fact, the budget was passed on time, the opportunities for the NASA workforce. The this would protect lives and provide a agencies simply continued at the exist- international perspective gained by NASA measure of safety for the utilization of ing level of appropriations, or at some staff who participate in ISU programs will the right employees and using them in other level that was determined by contribute strongly to the success of NASA’s the proper manner. State law, and nobody was furloughed. mission. We appreciate your work on behalf of this This amendment would designate Mr. Chairman, I hope that before Sep- unique institution. NASA employees as essential person- tember 30 we are able to get a similar Sincerely, nel, causing important duties to be car- law like that on the books. I can pledge J. WAYNE LITTLES, ried on, and furthermore, causing my support to it. Director, NASA Marshall NASA to value and save necessary dol- That is the right way to go about Space Flight Center. lars. this problem. The amendment offered Mr. Chairman, I ask my colleagues to This amendment, as well, Mr. Chair- by the gentlewoman from Texas is the support this amendment. man, does give the opportunity for the wrong way. I would urge its defeat. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1847 Mr. CRAMER. Mr. Chairman, I move this language further, and work to be the area of research and education as it to strike the requisite number of able to define further the language relates to science. words. that will appropriately separate out In closing, Mr. Chairman, I would Mr. Chairman, I support the intent of NASA employees for what I think is a simply say that we can do this cer- this amendment. I think we talk too very important responsibility. tainly in a manner that answers the little about NASA employees. I am Mr. Chairman, I ask unanimous con- question that I have always raised: Is proud of their dedicated work. Unfortu- sent to withdraw this amendment. science going to be the work of the 21st nately, they are held hostage every The CHAIRMAN. Is there objection century? I believe it is. If it is going to year as we face these relentless amend- to the request of the gentlewoman be the science of the 21st century, we ments that are offered on the floor, from Texas? need to prepare Americans for that. particularly by the gentleman from In- There was no objection. Americans are diverse. They live in diana [Mr. ROEMER]. AMENDMENT OFFERED BY MS. JACKSON-LEE OF diverse areas. This assures that univer- The NASA employees are not faceless TEXAS sities that serve Indian populations, bureaucrats, they are people who have Ms. JACKSON-LEE of Texas. Mr. Hispanic populations, Asian popu- been downsized and streamlined, and Chairman, I offer an amendment on mi- lations, and other populations predomi- year after year they are asked to do nority university research and edu- nantly, other than African-Americans, more with less, but they have deliv- cation programs. will be able to play in the arena of ered. I think the gentlewoman from The CHAIRMAN. The Clerk will des- science research. ignate the amendment. Texas [Ms. JACKSON-LEE] is doing them b 1545 a valuable service by offering this The text of the amendment is as fol- amendment here today. They deserve lows: Mr. SENSENBRENNER. Mr. Chair- our support. Let us keep them on the Amendment No. 3 offered by Ms. JACKSON- man, I rise in opposition to the amend- job. LEE of Texas: ment. Ms. JACKSON-LEE of Texas. Mr. Page 17, line 22, strike ‘‘$102,200,000’’ and Mr. Chairman, I respectfully disagree Chairman, will the gentleman yield? insert ‘‘$110,300,000’’. with the gentlewoman from Texas say- Page 18, line 4, strike ‘‘$46,700,000’’ and in- ing this amendment is necessary to Mr. CRAMER. I yield to the gentle- sert ‘‘$54,800,000’’. woman from Texas. Page 18, line 8, strike ‘‘$108,000,000’’ and in- equalize money that is spent between Ms. JACKSON-LEE of Texas. Mr. sert ‘‘$116,100,000’’. minority and nonminority students at Chairman, I thank the gentleman for Page 18, line 9, strike ‘‘$51,700,000’’ and in- universities that get NASA education yielding. Let me respond to the chair- sert ‘‘$59,800,000’’. funds. The figures are exactly the oppo- man and his comments. He is right, for Ms. JACKSON-LEE of Texas. Mr. site and if we were to equalize the us to do anything else today for the Chairman, this follows a line of con- amount of money that was spent, we Department of Health and Human sistency as it relates to education and would be cutting the minority account Services, Department of Justice, the science. This restores the dollars of even further than what is proposed in FBI, would certainly be far-reaching. this present level of authorization to the bill. The question of NASA’s essentiality the minority university research and Let me give you those figures. For has to do a lot with NASA’s agenda. education programs. It acknowledges the nonminority students and faculty, That is, NASA is not on the ground, it the wealth of diversity in this country. approximately 700,000 to 750,000 faculty is in space. On many occasions the It respects the excitement and, of and students benefit by the education need to be able to respond to the course, the wealth of experience and di- programs of NASA every year. In the urgencies of space and a space shuttle versity brought to us by the different bill’s figures in fiscal 1998, that being in need of the whole team being communities in our Nation. amounts to approximately $76.55 spent in place is the real issue behind making The minority university research and per faculty or student from the edu- these employees essential. education programs are beneficial to cation and program account in the Let us not in any way think about developing national research that uses nonminority institutions. shutting down the Government again. I all of our Nation’s strength in the Using the bill’s figures in the minor- agree with the chairman, I do not want sciences. This in particular covers His- ity institutions in fiscal 1998, there will to shut down the Government. I agree panics and all other minorities other be 50,000 faculty and students bene- with the ranking member, we never than African-Americans. It restores fited, and of those 50,000 students, ap- want to see that happen. But I do be- the minority university funding to the proximately $934 will be spent per fac- lieve that because of the unique nature fiscal year 1997 funding. ulty and student in the minority re- of NASA’s business, it would be appro- HBCU’s and other minority univer- search and education programs. So the priate to declare these particular em- sities are considered minority cat- minority research and education pro- ployees essential. egories within the budget of NASA. grams are getting 11 to 12 times the Mr. Chairman, might I say, however, Therefore, we are very much interested amount of money per student than the I would inquire of the chairman, the in being consistent in ensuring that nonminority research and education gentleman from Wisconsin [Mr. SEN- Hispanic universities, those who are programs, and the amendment of the SENBRENNER] on the basis the unique- serving Hispanic constituencies and gentlewoman from Texas wants to ness of NASA’s responsibilities, do we other minority groups have the same make that disparity still bigger. I have any reason to believe that we fair access to research dollars. This is think that is unfair. would be able to find compromise on not taking away to give to others, this Second, the amendment of the gen- this language? is restoring dollars that were allotted tlewoman from Texas does not increase Mr. SENSENBRENNER. Mr. Chair- in fiscal year 1997 funding. the total authorization for NASA. So man, will the gentlewoman yield? Mr. Chairman, it is a known fact that while she pluses up the education ac- Ms. JACKSON-LEE of Texas. I yield this country is becoming increasingly count for NASA, that means that the to the gentleman from Wisconsin. diverse. It is a known fact that the His- other accounts will end up having their Mr. SENSENBRENNER. The answer panic population is increasing. There- programs and their people reduced as a is no, Mr. Chairman, because I think fore, I would argue that it is only fair result of what is effectively an ear- the principle of the amendment is bad. to keep at the same level the funding mark. That means less money for We should not be micromanaging the to enhance research in the area of science, less money for Mission to agency. If there is an emergency like a science in these universities that serve Planet Earth, less money for human Government shutdown, I have every Hispanic populations. space flight, less money for the John- confidence in the NASA administrator Mr. Chairman, I would ask my col- son Space Center in Houston, less to do the right thing. leagues to join me in equalizing science money for the Kennedy Space Center in Ms. JACKSON-LEE of Texas. Mr. research by supporting this amend- Florida, simply because of the direc- Chairman, I thank the chairman for ment that helps Hispanic universities tion that she is putting the capped that. I vigorously disagree, however, or those universities serving Hispanic amount of money in the authorization Mr. Chairman. I am going to pursue populations to be an equal player in bill into this particular program. H1848 CONGRESSIONAL RECORD — HOUSE April 24, 1997 So for this reason and the fact that those that work on planning the space [Roll No. 91] we already are spending 11 to 12 times station because they have been trained AYES—186 as much per faculty and student in the in these disciplines. Abercrombie Green Neal minority programs and should not in- I think that this is a worthwhile in- Ackerman Gutierrez Oberstar crease that still further, contrasted to Allen Hall (TX) Obey vestment, not only in these institu- Baldacci Hamilton Olver the nonminority programs, I would tions but, frankly, in America. It is a Barrett (WI) Harman Ortiz hope that this amendment would be de- worthwhile investment in what we pur- Barton Hastings (FL) Owens feated. port to be as we move toward the 21st Becerra Hilliard Pallone Mr. CRAMER. Mr. Chairman, I move Bentsen Hinchey Pascrell century. I think that we should have Berman Hinojosa Pastor to strike the last word. the whole net included, Hispanics, Berry Hooley Payne Mr. Chairman, I would like to rise in other minorities, African-Americans Bishop Houghton Pelosi support of the intent of this amend- Blagojevich Hoyer Pitts and all others, excited about space, re- Blumenauer Jackson (IL) Poshard ment. There is no question that we searching in space, being taught, learn- Bonior Jackson-Lee Price (NC) need to do all we can to ensure that all ing and, of course, having institutions Borski (TX) Quinn of our young people have an equal op- with the quality of expertise so that we Boswell Jefferson Rahall portunity to an education. Our Nation Brown (CA) John Rangel can produce these kinds of profes- Brown (FL) Johnson (WI) Reyes will need the skilled scientific and en- sionals. Brown (OH) Johnson, E. B. Rivers gineering personnel that we can edu- I ask my colleagues to consider this Capps Kaptur Rodriguez cate if we are to remain competitive in Carson Kennedy (MA) Roemer amendment and consider broadening Clayton Kennedy (RI) Ros-Lehtinen the 21st century. the net and allowing us to invest in our Clyburn Kennelly Rothman However, I would hope that we could future. Conyers Kildee Roybal-Allard conduct hearings to examine how these Costello Kilpatrick Rush Mr. BROWN of California. Mr. Chair- academic programs are working as well Coyne Kind (WI) Sabo man, I move to strike the requisite Cummings Kleczka Sanchez as what additional resources might be number of words. Davis (FL) Klink Sanders needed. Davis (IL) Kucinich Sandlin Mr. Chairman, I yield to the gentle- Mr. Chairman, as I understand the DeGette LaFalce Sawyer amendment of the gentlewoman from Delahunt Lampson Schumer woman from Texas [Ms. JACKSON-LEE]. Texas, it proposes to increase the edu- DeLauro Lantos Scott Ms. JACKSON-LEE of Texas. Mr. Dellums Lazio Serrano Chairman, I thank the gentleman for cation funding back to the same level Deutsch Levin Shays his kind inquiries. as the current year, which requires Diaz-Balart Lewis (GA) Skaggs I do agree that we can in the long run about an $8.1 million increase, which is Dicks Lofgren Skelton offset in her amendment. I would be Dixon Lowey Slaughter look at this as a global issue, how do Doggett Luther Smith, Adam we train our young people for the 21st unfaithful to my district if I did not Dooley Maloney (CT) Snyder century. support this, because I have a district Edwards Maloney (NY) Spratt which is predominantly Hispanic. And Engel Manton Stabenow I would simply say, in response to Ensign Markey Stark the gentleman from Wisconsin [Mr. we have a number of institutions in Eshoo Martinez Stenholm SENSENBRENNER] that this is a restora- southern California which meet the cri- Etheridge Mascara Stokes tion of funds that were allotted in fis- teria of institutions that would be ben- Evans Matsui Tauscher efited by this. Farr McCarthy (NY) Thompson cal year 1997 when Mission to Planet Fattah McDade Thurman Earth was funded, when the manned I am also aware of the fact that we Fazio McDermott Tierney space shuttle was funded, when re- have in some of our own territories in- Filner McGovern Torres stitutions of higher education which Flake McIntyre Traficant search was funded. So, therefore, we Foglietta McKinney Turner are not in a situation where we would would benefit from the additional funds Foley McNulty Vento be denying the funding to those par- that this amendment would produce Forbes Meehan Visclosky ticular items in fiscal year 1998. and particularly need and would appre- Ford Meek Wamp Fox Menendez Waters This is a mere restoration of funds ciate the additional assistance, even if Frank (MA) Millender- Watt (NC) that will help in large part Hispanic for only a few hundred thousand dol- Frost McDonald Watts (OK) universities, those that are tradition- lars, to the improvement of math, Gejdenson Miller (CA) Waxman science, and engineering education. Gephardt Minge Weygand ally serving Hispanic populations, Gilman Mink Wise those that are serving other minori- I think this is a worthy educational Gonzalez Moakley Woolsey ties. As I indicated, this is an increas- initiative. It goes to a category of stu- Goode Mollohan Wynn ingly diverse country, and what we dents who we are seeking most assidu- Gordon Nadler want most of all is to prepare profes- ously to bring into these areas, and we NOES—226 sionals that would be able to take on are not going to bring them into these Aderholt Calvert Duncan the requirements of space and science areas if we do not provide the addi- Archer Camp Dunn in those careers. tional assistance, as well as provide the Armey Campbell Ehlers Bachus Canady Ehrlich Therefore, it is important that we hope of career opportunities in these Baesler Cannon Emerson support institutions that serve these fields which I think that we are begin- Baker Cardin English minorities in the area of science and ning to do at the present time but still Ballenger Castle Everett research. This does that. It gives them in insufficient numbers. Barcia Chabot Ewing Barr Chambliss Fawell the latitude to draw down on funds So for all of these reasons, I would Barrett (NE) Chenoweth Fowler that will allow them to have profes- like to support this amendment and Bartlett Christensen Franks (NJ) sors, to do research, to provide dollars hope that the Members will vote for it. Bass Coble Frelinghuysen Bateman Coburn Gallegly in those particular areas. The CHAIRMAN pro tempore [Mr. Bereuter Collins Ganske Often we find out that in those areas NEY]. The question is on the amend- Bilbray Combest Gekas that serve Hispanics and other minori- ment offered by the gentlewoman from Bilirakis Cook Gibbons ties, there is a shortage of funds. They Bliley Cooksey Gilchrest Texas [Ms. JACKSON-LEE]. Blunt Cox Gillmor have to make choices. In many in- The question was taken; and the Boehlert Cramer Goodlatte stances, they make the choices con- Chairman pro tempore announced that Boehner Crane Goodling Bonilla Crapo Goss trary to science and math and re- the noes appeared to have it. search. Bono Cunningham Graham RECORDED VOTE Boucher Danner Granger This is to emphasize that we believe Boyd Davis (VA) Greenwood that they should be brought into the Ms. JACKSON-LEE of Texas. Mr. Brady Deal Gutknecht 21st century as well and to give them Chairman, I demand a recorded vote. Bryant DeLay Hansen Bunning Dickey Hastert the opportunity to use these funds so A recorded vote was ordered. Burr Dingell Hastings (WA) that in the future that we see a rain- The vote was taken by electronic de- Burton Doolittle Hayworth bow array of astronauts, a rainbow vice, and there were—ayes 186, noes 226, Buyer Doyle Hefley array of scientists and engineers and not voting 21, as follows: Callahan Dreier Herger April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1849 Hill Mica Sensenbrenner of Nebraska] having assumed the chair, The Clerk read the resolution, as fol- Hilleary Miller (FL) Sessions Hobson Molinari Shadegg Mr. NEY, Chairman pro tempore of the lows: Holden Moran (KS) Shaw Committee of the Whole House on the H. RES. 130 Horn Moran (VA) Sherman State of the Union, reported that that Resolved, Hostettler Morella Shimkus Committee, having had under consider- Hulshof Murtha Shuster SECTION 1. LUMP SUM ALLOWANCE FOR COR- Hunter Nethercutt Sisisky ation the bill (H.R. 1275) to authorize RECTIONS CALENDAR OFFICE. Hutchinson Neumann Skeen appropriations for the National Aero- There shall be a lump sum allowance of Hyde Ney Smith (MI) nautics and Space Administration for $300,000 per fiscal year for the salaries and Inglis Northup Smith (NJ) fiscal years 1998 and 1999, and for other expenses of the Corrections Calendar Office, Istook Norwood Smith (TX) established by House Resolution 7, One Hun- Jenkins Oxley Smith, Linda purposes, pursuant to House Resolution dred Fifth Congress, agreed to January 7, Johnson (CT) Packard Snowbarger 128, he reported the bill back to the 1997. Such amount shall be allocated between Johnson, Sam Pappas Solomon House with an amendment adopted by Jones Parker Souder the majority party and the minority party as Kanjorski Paul Spence the Committee of the Whole. determined by the Speaker, in consultation Kasich Paxon Stearns The SPEAKER pro tempore. Under with the minority leader. Kelly Pease Strickland the rule, the previous question is or- SEC. 2. EFFECTIVE DATE. Kim Peterson (MN) Stump King (NY) Peterson (PA) Stupak dered. The allowance under section 1— Kingston Petri Sununu Is a separate vote demanded on any (1) shall be available beginning with the Klug Pickering Talent amendment to the committee amend- month of May 1997; Knollenberg Pickett Tauzin ment in the nature of a substitute (2) through the end of September 1997, shall Kolbe Pombo Taylor (MS) adopted by the Committee of the be paid from the applicable accounts of the LaHood Pomeroy Taylor (NC) House of Representatives on a pro rata basis; Largent Portman Thomas Whole? If not, the question is on the and Latham Pryce (OH) Thornberry amendment. LaTourette Radanovich Thune (3) beginning with fiscal year 1998, shall be Leach Ramstad Tiahrt The amendment was agreed to. paid as provided in appropriations Acts. Lewis (CA) Regula Upton The SPEAKER pro tempore. The Mr. GUTKNECHT (during the read- Lewis (KY) Riggs Walsh question is on the engrossment and ing). Mr. Speaker, I ask unanimous Linder Riley Watkins third reading of the bill. Lipinski Rogan Weldon (FL) consent that the resolution be consid- The bill was ordered to be engrossed Livingston Rogers Weldon (PA) ered as read and printed in the RECORD. LoBiondo Rohrabacher Weller and read a third time, was read the Lucas Roukema Wexler The SPEAKER pro tempore. Is there third time, and passed, and a motion to objection to the request of the gen- McCarthy (MO) Royce White reconsider was laid on the table. McCollum Ryun Whitfield tleman from Minnesota? McHale Salmon Wicker f There was no objection. McHugh Sanford Wolf McInnis Saxton Young (AK) GENERAL LEAVE The SPEAKER pro tempore. The McIntosh Scarborough Young (FL) question is on the resolution. McKeon Schaefer, Dan Mr. SENSENBRENNER. Mr. Speak- The resolution was agreed to. Metcalf Schaffer, Bob er, I ask unanimous consent that all A motion to reconsider was laid on NOT VOTING—21 Members may have 5 legislative days the table. within which to revise and extend their Andrews Hall (OH) Porter f Clay Hefner Schiff remarks and include extraneous mate- Clement Hoekstra Smith (OR) rial on H.R. 1273, 1274 and 1275, the bills Condit Manzullo Tanner ADJOURNMENT TO MONDAY, Cubin McCrery Towns passed today. APRIL 28, 1997 DeFazio Myrick Velazquez The SPEAKER pro tempore. Is there Furse Nussle Yates objection to the request of the gen- Mr. GUTKNECHT. Mr. Speaker, I ask unanimous consent that when the b 1614 tleman from Wisconsin? There was no objection. House adjourns today, it adjourn to The Clerk announced the following meet at 2 p.m. on Monday next. pairs: f The SPEAKER pro tempore. Is there On this vote: REREFERRAL OF H.R. 892, AARON objection to the request of the gen- Mr. Towns for, with Mr. Manzullo against. tleman from Minnesota? Ms. Vela´ zquez for, with Mrs. Cubin against. HENRY UNITED STATES POST OFFICE There was no objection. Messrs. GEJDENSON, DOOLEY of California, WAMP, and QUINN changed Mr. KIM. Mr. Speaker, I ask unani- f mous consent that the Committee on their vote from ‘‘no’’ to ‘‘aye.’’ HOUR OF MEETING ON TUESDAY, Government Reform and Oversight be So the amendment was rejected. APRIL 29, 1997 The result of the vote was announced discharged from further consideration as above recorded. of the bill, H.R. 892, and that the bill be Mr. GUTKNECHT. Mr. Speaker, I ask PERSONAL EXPLANATION rereferred to the Committee on Trans- unanimous consent that when the Mr. MANZULLO. Mr. Chairman, due to an portation and Infrastructure. House adjourns on Monday, April 28, illness in my family, I was unable to be This bill would redesignate the Fed- 1997, it adjourn to meet at 12:30 p.m. on present for two House recorded floor votes on eral building located at 223 Sharkey Tuesday, April 29, 1997, for morning Thursday, April 24. Had I been present, I Street in Clarksdale, MS, as the Aaron hour debates. would have voted as follows: Henry United States Post Office. The SPEAKER pro tempore. Is there On rollcall vote No. 90: ``Yes'' (Roemer The SPEAKER pro tempore. Is there objection to the request of the gen- amendment). objection to the request of the gentleman from Minnesota? On rollcall vote No. 91: ``No'' (Jackson-Lee tleman from California? There was no objection. amendment). There was no objection. f b 1615 f DISPENSING WITH CALENDAR The CHAIRMAN pro tempore [Mr. PROVIDING FOR LUMP SUM AL- WEDNESDAY BUSINESS ON NEY]. Are there further amendments? LOWANCE FOR CORRECTIONS WEDNESDAY NEXT If not, the question is on the commit- CALENDAR OFFICE tee amendment in the nature of a sub- Mr. GUTKNECHT. Mr. Speaker, I ask stitute, as amended. Mr. GUTKNECHT. Mr. Speaker, I unanimous consent that the business The committee amendment in the offer a resolution (H. Res. 130) and I in order under the Calendar Wednesday nature of a substitute, as amended, was ask unanimous consent for its imme- rule be dispensed with on Wednesday agreed to. diate consideration. next. The CHAIRMAN pro tempore. Under The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there the rule, the Committee rises. objection to the request of the gen- objection to the request of the gen- Accordingly the Committee rose; and tleman from Minnesota? tleman from Minnesota? the Speaker pro tempore [Mr. BARRETT There was no objection. There was no objection. H1850 CONGRESSIONAL RECORD — HOUSE April 24, 1997

LET US GIVE OUR KIDS A HEAD According to the Carnegie Foundation tleman from California [Mr. RIGGS] is START ON LIFE ‘‘Starting Points’’ report, most parents of recognized for 5 minutes. babies have few child care options. Many [Mr. RIGGS addressed the House. His (Mr. MCGOVERN asked and was cannot afford to stay home with their chil- given permission to address the House dren, or to pay for safe, high quality devel- remarks will appear hereafter in the for 1 minute and to revise and extend opmental child care. Extensions of Remarks.] his remarks and include extraneous State-wide and multi-state studies have f found that less than 20% of child care for ba- material.) COMMUNICATION FROM THE Mr. MCGOVERN. Mr. Speaker, last bies is of good quality; nearly half is so sub- CHAIRMAN OF THE COMMITTEE week I joined with several of my col- standard that it adversely affects infant and ON THE BUDGET REGARDING leagues in attending a White House toddler development and may put babies’ Conference on Early Childhood Devel- health and safety at risk. CURRENT LEVELS OF SPENDING Families with children under the age of AND REVENUES REFLECTING AC- opment. This conference focused on three are the single largest group living in new scientific research that confirms TION COMPLETED AS OF MARCH poverty. 25% of children under the age of 25, 1997 FOR FISCAL YEARS 1997– what many parents have suspected for three—3 million children—are living below a long time: that the first few years of the poverty line, and are at greater risk for 2001 a child’s life are critical, absolutely malnutrition, poor health, and maltreat- The SPEAKER pro tempore. Under a critical to that child’s intellectual, ment, and are less likely to receive the care previous order of the House, the gen- emotional, and social development. they need from parents or other child care tleman from Ohio [Mr. KASICH] is rec- Last week I joined with the gentle- providers to grow and develop normally. ognized for 5 minutes. woman from Connecticut [Ms. Mr. KASICH. Mr. Speaker, on behalf of the EARLY LEARNING AND OPPORTUNITY ACT DELAURO] and the gentleman from Committee on the Budget and pursuant to STATUS OF AMERICAN INFANTS AND TODDLERS Maryland [Mr. HOYER] in introducing sections 302 and 311 of the Congressional FACT SHEET H.R. 1373, the Early Learning and Op- Budget Act, I am submitting for printing in the Poor developmental outcomes early in life portunity Act. One key component of have been shown to be significant risk fac- CONGRESSIONAL RECORD an updated report on our bill is increased Federal funding tors for academic failure, teen pregnancy, the current levels of on-budget spending and for the Head Start and Early Start pro- and juvenile delinquency later in life. revenues for fiscal year 1997 and for the 5- grams, two true success stories in the In 1993, the National Educational Goals year period fiscal year 1997 through fiscal effort to prepare our children for a life- Panel reported that nearly half of infants in year 2001. time of education. the United States do not have what they This report is to be used in applying the fis- I have taken to this well many times need to grow and thrive. cal year 1997 budget resolution (H. Con. Res. to speak of my support for improving According to the Carnegic Foundation 178), for legislation having spending or reve- ‘‘Turning Points’’ report, most parents today the scope and quality of American edu- have few choices for infant and toddler care. nue effects in fiscal years 1997±2001. HOUSE OF REPRESENTATIVES, cation. But we must never forget that Even middle class parents cannot afford to COMMITTEE ON THE BUDGET, a child starts learning long before they stay at home with their children, and yet Washington, DC, April 11, 1997. enter their first classroom. If one be- cannot afford high quality child care which Hon. NEWT GINGRICH, will promote normal development. lieves, as I do, that education is truly Speaker, U.S. House of Representatives, Wash- Fewer than half of America’s working the key to our Nation’s economic fu- ington, DC. women are covered by the Family and Medi- ture, we must begin early. The DEAR MR. SPEAKER: To facilitate applica- cal Leave Act, which provides a 12-week, un- tion of sections 302 and 311 of the Congres- DeLauro-Hoyer-McGovern bill takes a paid leave to parents of companies which sional Budget Act, I am transmitting a sta- solid first step in ensuring that our Na- employ more than 50 employees. tus report on the current levels of on-budget tion’s children can learn, share, and The United States is the only industri- spending and revenues for fiscal year 1997 mature to their fullest potential. alized country in the world which does not and for the 5-year period fiscal year 1997 Mr. Speaker, I include the following provide paid maternity leave. through fiscal year 2001. Thirty developing countries provide paid material for the RECORD that contains The term ‘‘current level’’ refers to the maternity leave. some additional facts regarding early amounts of spending and revenues estimated More than half of mothers with babies childhood development. for each fiscal year based on laws enacted or under one year of age are working outside awaiting the President’s signature as of Feb- THE EARLY LEARNING AND OPPORTUNITY ACT the home. ruary 28, 1997. (Original cosponsors: DeLauro, Hoyer, More than 5 million American children The first table in the report compares the McGovern) under age 3 are in the care of other adults current level of total budget authority, out- FINDINGS while their parents work outside the home. lays, and revenues with the aggregate levels Studies of care for very young children The first three years of life are a critical set by H. Con. Res. 178, the concurrent reso- show that less than 20 percent of such care is period of brain development, intellectual lution on the budget for fiscal year 1997 as of good quality. growth, and emotional, social, affective, and adjusted pursuant to 606(e) of the Budget Act One multistate study showed that 40 per- moral development, which prepares a child for continuing disability reviews. This com- cent of child care for babies was so poor that for later life. parison is needed to implement section 311(a) it adversely affected the babies’ development Scientific research shows that how individ- of the Budget Act, which creates a point of uals function from preschool through adoles- and threatened their health and safety. One in three victims of physical abuse is a order against measures that would breach cence and adulthood hinges to a significant the budget resolution’s aggregate levels. The extent on the experiences children have in baby less than one year of age. Families with children under age 3 are the table does not show budget authority and their first three years. outlays for years after fiscal year 1997 be- One in three victims of physical abuse is single largest group living in poverty. cause appropriations for those years have under one year old. Three million children—25% of all children The National Educational Goals Panel has under age 3—are living below the poverty not yet been considered. The second table compares the current lev- reported that nearly half of infants do not line, at greater risk for malnutrition, poor els of budget authority, outlays, and new en- have what they need to grow and thrive. health, and maltreatment, and are less like- High quality care from a parent or other ly to receive the care they need from parents titlement authority of each direct spending adult is necessary to facilitate growth and or other child care providers to grow and de- committee with the ‘‘section 602(a)’’ alloca- development before the age of three. velop normally. tions for discretionary action made under H. Con. Res. 178 for fiscal year 1997 and for fis- More than half of mothers with babies f under one year of age are working outside cal years 1997 through 2001. ‘‘Discretionary the home. SPECIAL ORDERS action’’ refers to legislation enacted after adoption of the budget resolution. This com- More than 50% of working women are not The SPEAKER pro tempore (Mr. covered by the Family and Medical Leave parison is needed to implement section 302(f) Act, which provides a twelve week, unpaid NEY). Under the Speaker’s announced of the Budget Act, which creates a point of maternity leave. policy of January 7, 1997, and under a order against measures that would breach The United States is the only industri- previous order of the House, the follow- the section 602(a) discretionary action allo- alized country in the world which does not ing Members will be recognized for 5 cation of new budget authority or entitle- provide paid maternity leave. 30 developing minutes each. ment authority for the committee that reported the measure. It is also needed to im- countries provide paid maternity leave. f 5 million children under age three are in plement section 311(b), which exempts com- the care of other adults while their parents The SPEAKER pro tempore. Under a mittees that comply with their allocations work outside the home. previous order of the House, the gen- from the point of order under section 311(a). April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1851 The third table compares the current lev- REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE BUDGET AUTHORITY els of discretionary appropriations for fiscal BUDGET—STATUS OF THE FISCAL YEAR 1997 CON- FY 1997 budget authority exceeds the ap- year 1997 with the revised ‘‘section 602(b)’’ GRESSIONAL BUDGET ADOPTED IN HOUSE CONCUR- propriate level set by H. Con. Res. 178 as sub-allocations of discretionary budget au- RENT RESOLUTION 178 amended by P.L. 104–93. Enactment of meas- thority and outlays among Appropriations [Reflecting action completed as of March 25, 1997—On-budget amounts, in ures providing any new budget authority for subcommittees. This comparison is also millions of dollars] FY 1997 would be subject to point of order needed to implement section 302(f) of the under section 311(a) of the Congressional Fiscal years– Budget Act of 1974. Budget Act, because the point of order under that section also applies to measures that 1997 1997–2001 OUTLAYS would breach the applicable section 602(b) FY 1997 outlays exceed the appropriate Appropriate Level (as amended by P.L. 104– level set by H. Con. Res. 178 as amended by sub-allocation. The revised section 602(b) 93): sub-allocations were filed by the Appropria- Budget authority ...... 1,314,935 6,956,507 P.L. 104–93. Enactment of measures providing any new outlays for FY 1997 would be tions Committee on September 27, 1996. Outlays ...... 1,311,321 6,898,627 Revenues ...... 1,083,728 5,913,303 subject to point of order under section 311(a) Sincerely, Current Level: of the Congressional Budget Act of 1974. JOHN R. KASICH, Budget authority ...... 1,331,836 (1) Chairman. Outlays ...... 1,323,900 (1) REVENUES Revenues ...... 1,104,262 5,975,917 Enclosures. Enactment of any measure that would re- Current Level over (+)/under (¥) Appropriate sult in any revenue loss in excess of Level: Budget authority ...... 16,901 (1) $20,534,000,000 for FY 1997 (if not already in- Outlays ...... 12,579 (1) cluded in the current level estimate) or in Revenues ...... 20,534 62,614 excess of $62,614,000,000 for FY 1997 through 2001 (if not already included in the current 1 Not applicable because annual appropriations Acts for Fiscal Years 1997 through 2001 will not be considered until future sessions of Congress. level) would cause revenues to be less than the recommended levels of revenue set by H. Con. Res. 178. DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT TO BUDGET ACT SECTION 602(a), REFLECTING ACTION COMPLETED AS OF MARCH 25, 1997 [Fiscal years, in millions of dollars]

1997 1997–2001 BA Outlays NEA BA Outlays NEA

House Committee: Agriculture: Allocation ...... 0 0 0 0 0 4,996 Current Level ...... 5 5 5 55 55 55 Difference ...... 5 5 5 55 55 ¥4,941 National Security: Allocation ...... ¥1,579 ¥1,579 0 ¥664 ¥664 0 Current Level ...... ¥102 ¥102 ¥21 ¥289 ¥289 ¥34 Difference ...... 1,477 1,477 ¥21 375 375 ¥34 Banking, Finance and Urban Affairs: Allocation ...... ¥128 ¥3,700 0 ¥711 ¥4,004 0 Current Level ...... 0 ¥6 0 0 0 0 Difference ...... 128 3,694 0 711 4,004 0 Economic and Educational Opportunities: Allocation ...... ¥912 ¥800 ¥152 ¥3,465 ¥3,153 7,669 Current Level ...... 1,967 1,635 1,816 11,135 10,296 8,852 Difference ...... 2,879 2,435 1,968 14,600 13,449 1,183 Commerce: Allocation ...... 0 0 370 ¥14,540 ¥14,540 ¥41,710 Current Level ...... 3 3 492 242 195 1,430 Difference ...... 3 3 122 14,782 14,735 43,140 International Relations: Allocation ...... 0 0 0 0 0 0 Current Level ...... ¥1 ¥1 0 ¥1 ¥1 0 Difference ...... ¥1 ¥1 0 ¥1 ¥1 0 Government Reform and Oversight: Allocation ...... ¥1,078 ¥1,078 ¥289 ¥4,605 ¥4,605 ¥1,668 Current Level ...... 0 0 0 0 0 0 Difference ...... 1,078 1,078 289 4,605 4,605 1,668 House Oversight: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Resources: Allocation ...... ¥91 ¥90 ¥12 ¥1,401 ¥1,460 ¥59 Current Level ...... ¥19 ¥20 0 ¥144 ¥167 0 Difference ...... 72 70 12 1,257 1,293 59 Judiciary: Allocation ...... 0 0 0 ¥357 ¥357 0 Current Level ...... 3 3 0 45 45 0 Difference ...... 3 3 0 402 402 0 Transportation and Infrastructure: Allocation ...... 2,280 0 0 125,989 521 2 Current Level ...... 2,345 65 12 4,748 121 56 Difference ...... 65 65 12 ¥121,241 ¥400 54 Science: Allocation ...... 0 0 0 ¥13 ¥13 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 13 13 0 Small Business: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Veterans’ Affairs: Allocation ...... ¥90 ¥90 224 ¥919 ¥919 3,475 Current Level ...... 0 0 3 0 0 ¥52 Difference ...... 90 90 ¥221 919 919 ¥3,527 Ways and Means: Allocation ...... ¥8,973 ¥9,132 ¥2,057 ¥134,211 ¥134,618 ¥10,743 Current Level ...... 8,338 8,302 ¥2,840 73,457 73,476 ¥38,717 Difference ...... 17,311 17,434 ¥783 207,668 208,094 ¥27,974 Select Committee on Intelligence: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Total Authorized: Allocation ...... ¥10,571 ¥16,469 ¥1,916 ¥34,897 ¥163,812 ¥38,038 Current Level ...... 12,539 9,884 ¥533 89,248 83,731 ¥28,410 Difference ...... 23,110 26,353 1,383 124,145 247,543 9,628 H1852 CONGRESSIONAL RECORD — HOUSE April 24, 1997 DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 1997—COMPARISON OF CURRENT LEVEL WITH SUBALLOCATIONS PURSUANT TO BUDGET ACT SECTION 602(b) [In millions of dollars]

Revised 602(b) suballocations Current level reflecting action completed as of Mar. Difference (Sept. 27, 1996) 25, 1997 General purpose Violent crime General purpose Violent crime General purpose Violent crime BA O BA O BA O BA O BA O BA O

Agriculture Rural Development ...... 12,960 13,380 0 0 13,009 13,373 0 0 49 ¥7 0 0 Commerce, Justice, State ...... 24,493 24,939 4,525 2,951 24,838 25,065 4,526 2,954 345 126 1 3 Defense ...... 245,085 243,372 0 0 243,851 242,887 0 0 ¥1,214 ¥485 0 0 District of Columbia ...... 719 719 0 0 719 719 0 0 0 0 0 0 Energy & Water Development ...... 19,421 19,652 0 0 19,973 19,923 0 0 552 271 0 0 Foreign Operations ...... 11,950 13,311 0 0 12,267 13,310 0 0 317 ¥1 0 0 Interior ...... 12,118 12,920 0 0 12,503 13,178 0 0 385 258 0 0 Labor, HHS & Education ...... 65,625 69,602 61 38 71,026 71,517 61 39 5,401 1,915 0 1 Legislative Branch ...... 2,180 2,148 0 0 2,170 2,132 0 0 ¥10 ¥16 0 0 Military Construction ...... 9,983 10,360 0 0 9,982 10,344 0 0 ¥1 ¥16 0 0 Transportation ...... 12,190 35,453 0 0 12,080 35,519 0 0 ¥110 66 0 0 Treasury-Postal Service ...... 11,016 10,971 97 84 11,620 11,292 97 83 604 321 0 ¥1 VA–HUD–Independent Agencies ...... 64,354 78,803 0 0 64,522 79,196 0 0 168 393 0 0 Reserve/Offsets ...... 768 219 0 0 ¥2,750 ¥5,850 0 0 ¥3,518 ¥6,069 0 0 Grand total ...... 492,842 535,849 4,683 3,073 495,810 532,605 4,684 3,076 2,968 ¥3,244 1 3 Note: Amounts in Current Level column for Reserve/Offsets are for Spectrum sales and BIF/SAIF. Those items are credited to the Appropriations Committee for FY 1997 only.

U.S. CONGRESS, PARLIAMENTARIAN STATUS REPORT-105TH CONGRESS, first line of defense against terrorism CONGRESSIONAL BUDGET OFFICE, 1ST SESSION, HOUSE ON-BUDGET SUPPORTING DETAIL and the smuggling of drugs at our bor- Washington, DC, April 10, 1997. FOR FISCAL YEAR 1997, AS OF CLOSE OF BUSINESS ders. In my district, 200,000 people a Hon. JOHN KASICH, APRIL 9, 1997—Continued Chairman, Committee on the Budget, House of day cross through the San Ysidro port Representatives, Washington, DC. [In millions of dollars] of entry, making it the busiest port of DEAR MR. CHAIRMAN: Pursuant to section Budget entry and border crossing in the world. 308(b) and in aid of section 311 of the Con- authority Outlays Revenues gressional Budget Act, as amended, this let- These inspectors face dangerous felons ter and supporting detail provide an up-to- Amount remaining: daily and disarm people carrying date tabulation of the on-budget current lev- Under Budget Resolution ...... Over Budget Resolution ...... 16,901 12,579 20,534 sawed-off shotguns, switch blade els of new budget authority, estimated out- knives, and handguns. They have been lays, and estimated revenues for fiscal year ADDENDUM run over by cars and have had shoot- 1997. These estimates are compared to the Emergencies: appropriate levels for those items contained Funding that has been des- outs with drug smugglers. in the 1997 Concurrent Resolution on the ignated as an emergency requirement by the President Just last week in Calexico, Customs Budget (H. Con. Res. 178) and are current and the Congress ...... 1,806 1,228 ...... inspectors Robert Labrada, Jr. and through February 28, 1997. A summary of this Funding that has been des- tabulation follows: ignated as an emergency re- Nicholas Lira were shot by a man that quirement only by the Con- [In millions of dollars] gress and is not available they escorted to an inspection area re- for obligation until requested served for those suspected of carrying Budget reso- by the President ...... 323 305 ...... House cur- lution (H. Current level illegal weapons or drugs. Before they rent level Con. Res. +/¥ resolu- Total emergencies ...... 2,129 1,533 ...... had a chance to search him, the man 178) tion Total current level including pulled out a semiautomatic handgun Budget authority ...... 1,331,836 1,314,935 +16,901 emergencies ...... 1,333,965 1,325,433 1,104,262 and shot one inspector in the face and Outlays ...... 1,323,900 1,311,321 +12,579 Revenues: f the other in the chest. The inspectors 1997 ...... 1,104,262 1,083,728 +20,534 fired back to protect themselves. Both 1997–2001 ...... 5,975,917 5,913,303 +62,614 RECOGNIZE CUSTOMS AND INS IN- SPECTORS AS LAW ENFORCE- inspectors are now recovering from Since my last report, dated March 4, 1997, MENT OFFICERS surgery, but they are lucky. Other Cus- there has been no action to change the cur- toms and INS inspectors have been rent level of budget authority, outlays, or The SPEAKER pro tempore. Under a killed in the line of duty, and their revenues. previous order of the House, the gen- Sincerely, names are listed on the wall of the Law tleman from California [Mr. FILNER] is JUNE E. O’NEILL, Enforcement Officers Memorial. Director. recognized for 5 minutes. Mr. FILNER. Mr. Speaker, I rise The shoot-out at Calexico last Friday PARLIAMENTARIAN STATUS REPORT-105TH CONGRESS, today to honor the work of the officers is not an isolated incident. The callous, 1ST SESSION, HOUSE ON-BUDGET SUPPORTING DETAIL and inspectors of the U.S. Immigration single-minded ruthlessness of drug FOR FISCAL YEAR 1997, AS OF CLOSE OF BUSINESS and Naturalization Service and the smugglers put Customs and Immigra- APRIL 9, 1997 U.S. Customs Service and ask that tion inspectors’ lives at risk every sin- [In millions of dollars] they be accorded full Federal law en- gle day. forcement status as outlined in H.R. Budget 1215, which I recently introduced. One INS inspector at the San Ysidro authority Outlays Revenues My bill will finally grant the same port, Paul Cannon, has had to draw his PREVIOUSLY ENACTED status to U.S. INS and Customs inspec- service revolver four times in the last Revenues ...... 1,101,533 four years. In a recent case a criminal Permanents and other spending leg- tors as all other Federal law enforce- islation ...... 855,751 814,110 ...... ment officers and firefighters. It is in was trying to break through the in- Appropriation legislation ...... 753,927 788,263 ...... Offsetting receipts ...... ¥271,843 ¥271,843 ...... the public’s interest to end the unfair, spection gates. Even at gunpoint, it unsafe and expensive practice of ex- took four inspectors to disarm and sub- Total previously enacted ...... 1,337,835 1,330,530 1,101,533 ENACTED THIS SESSION cluding the inspectors from the law en- due him. forcement category. Because of the Airport and Airway Trust Fund Tax Yet the Federal Government does not Reinstatement Act of 1997 (H.R. current lopsided law, INS and Customs 668) ...... 2,730 classify these employees as law en- APPROPRIATED ENTITLEMENT AND lose vigorous, trained professionals to MANDATORIES other law enforcement agencies. These forcement officers. United States Im- Budget resolution baseline estimates migration and Customs inspectors of appropriated entitlements and agencies also lose millions of dollars in other mandatory programs not yet training costs and revenues that expe- daily put their lives on the line. It is enacted ...... ¥5,999 ¥6,630 ...... rienced inspectors help to generate. time that we value those lives. I urge TOTALS Customs and Immigration inspectors support of H.R. 1215 to correct the un- Total Current Level ...... 1,331,836 1,323,900 1,104,262 Total Budget Resolution ...... 1,314,935 1,311,321 1,083,728 are law enforcement officers. They equal treatment of these Federal law carry firearms and are the country’s enforcement officers. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1853 TRIBUTE TO 53RD ANNIVERSARY man force, nearly a quarter were miss- reforms have opened India to United OF WORLD WAR II EXERCISE ing or dead. Official Department of De- States businesses and industries. In a TIGER OPERATION fense records confirm 749 dead, at least recent meeting with the Indian Presi- The SPEAKER pro tempore. Under a 441 Army and 198 Navy casualties, al- dent Sharma, he assured the President previous order of the House, the gen- though facts suggest the numbers that all the economic policies of the tleman from Missouri [Mr. HULSHOF] is could be greater. previous government will continue and recognized for 5 minutes. Mr. Speaker, it is finally time that be strengthened. Mr. HULSHOF. Mr. Speaker, I rise we acknowledge the indispensable role Prime Minister Gujral has already today to honor a group of great and that members of Exercise Tiger played shown that given the opportunity he honorable Americans. On Monday, in preparing for the D-day invasion and will bring peace to South Asia. His April 28, the Veterans of Foreign Wars in making it a success. To that end, I policies as Foreign Minister in the pre- Post 280 in Columbia, Missouri, will am proud to acknowledge VFW Post vious government have been coined as pay tribute to the 53d anniversary of 280 as the first organization in the the Gujral Doctrine. He has already the World War II Exercise Tiger oper- State of Missouri to commemorate the laid the groundwork to ease tensions in ation, in which more than 750 Ameri- men of the historic battle of Exercise this traditionally volatile region. As cans made the ultimate sacrifice. Tiger. After 53 years these great Amer- Foreign Minister for Prime Minister Few Americans are aware of the cir- icans deserve to be properly honored by Gowda, Mr. Gujral helped orchestrate cumstances surrounding the Exercise those who have benefited so much from the Bangladesh Water Agreement, a Tiger operation. What began as a top- their sacrifices. water treaty that ended years of dis- secret military operation ended in a CONGRESSIONAL RESOLUTION RECOGNIZING THE pute over water sharing rights between horrible moment frozen in time. In De- HEROIC EFFORTS AND SACRIFICES OF THE India and Bangladesh. He supervised an cember 1943, the U.S. Army began con- AMERICAN SERVICEMEN WHO TOOK PART IN accord in which India and China agreed ducting a number of training exercises EXERCISE TIGER AND THEIR CONTRIBUTIONS to reduce troops along the Himalayan in preparation for the Normandy inva- TOWARD THE SUCCESS OF THE HISTORIC D- border. sion. These exercises concentrated on a DAY INVASION DURING WORLD WAR II But most important, Mr. Speaker, long stretch of beach at Slapton Sands Whereas the D-Day invasion of Normandy Mr. Gujral has vowed to improve rela- in Devon, England. This unspoiled on June 6, 1944, was one of the most heroic tions with Pakistan and made this the beach of coarse gravel greatly resem- battles of World War II and a critical turning point leading to Allied victory; priority of India’s foreign policy. Mr. bled Omaha Beach, and it consequently Whereas during the Exercise Tiger training Gujral helped initiate peace talks be- made for an ideal simulation of what mission for D-Day, members of the operation tween India and Pakistan after a lull of would be the D-day invasion. were exposed to great danger by carrying out 3 years. He is confident that the two Soldiers engaging in these maneuvers this treacherous exercise in the English neighbors can reach agreement in were under constant threat of attack, Channel during a period of increased German many areas through bilateral talks, however, due to the many German E- torpedo boat patrols; and on May 12 of this year Prime Min- boats patrolling the English Channel. Whereas on April 28, 1944, soldiers and sail- ister Gujral and Pakistani Prime Min- One such exercise was utilized to pre- ors of the Exercise Tiger mission were unex- pectedly attacked by 9 German Torpedo ister Sharif will meet in the Maldives pare United States and British forces to discuss peace. and was given the code name Exercise boats off the coast of Slapton Sands, Eng- land; Mr. Speaker, what is extraordinary Tiger. These training exercises were Whereas 749 American soldiers were killed about these accomplishments is that conducted from April 22 to 30, 1944. The in the attack; they were achieved within 10 months troops and equipment who participated Whereas the heroic efforts of these soldiers since the united front first took charge in this maneuver embarked on the have not been sufficiently recognized in of the Indian Government. An even same ships and for the most part from American history; stronger sign of Prime Minister the same ports from which they would Whereas the United States Congress has not provided adequate recognition to sailors Gujral’s ability to bring peace to the later leave for France. region can be seen in the troubled re- In the early morning hours of April and soldiers who participated in Exercise Tiger; and gion of Jammu and Kashmir. This 28, 1944, the convoy was maneuvering Whereas April 28, 1997 will be the 53rd anni- morning Kashmiri leaders stated that in Lyme Bay. Eight landing ship tanks versary of the tragedy of Exercise Tiger: they believe that the new Prime Min- and their lone British escort were en Now, therefore, be it ister could help normalize relations be- route to the landing area. Suddenly, in Resolved, that the American Servicemen tween Pakistan and India and bring the pitch black night, nine German who took part in Exercise Tiger be recog- peace to Kashmir. A popular Navy E-boats patrolling the English nized for their contributions towards the Kakshmiri separatist leader told Reu- Channel struck quickly and without success of the historic D-Day invasion during ters News Service that if Mr. Gujral warning. The presence of enemy boats World War II, preserving the virtues of freedom and democracy. continues to be Prime Minister of India was discovered only when the U.S.S. for a long period, I believe he can play LST–507 was torpedoed. The ship burst f a historic role in bringing India and into flames and survivors abandoned INDIA’S NEW PRIME MINISTER, Pakistan closer and solve the Kashmir ship. Minutes later, the LST–531 was INDER KUMAR GUJRAL torpedoed and sank in 6 minutes. As problem. The SPEAKER pro tempore (Mr. Mr. Speaker, Prime Minister Gujral the convoy returned fire, the U.S.S. NEY). Under a previous order of the is India’s third Prime Minister in the LST–289 was also torpedoed, but was House, the gentleman from New Jersey last 11 months. However, as we have able to reach port. [Mr. PALLONE] is recognized for 5 min- The surprise German attack did not, seen, democracy remains strong and vi- utes. however, stop Exercise Tiger. Landing brant in India. As the Prime Minister Mr. PALLONE. Mr. Speaker, I rise operations resumed the next day, on said in a speech on Monday, we can today to congratulate India’s new April 29, 1944. This is a credit to the te- change government but the system Prime Minister, Inder Kumar Gujral, nacity and determination of the sol- goes on, democracy continues, and it is for winning the vote of confidence of diers and sailors involved in Exercise strengthened. Tiger. The D-day invasion of Normandy the Indian Parliament this past Tues- As cochairman of the Congressional occurred as planned. However, casualty day. This vote of confidence has put an Caucus on India and Indian-Americans, information and the details surround- end to the 24-day government crisis I believe that Prime Minister Gujral ing Exercise Tiger were not released and provides yet another indication can best lead India toward the 21st cen- until after the Normandy invasion in that India’s democratic institutions re- tury, and I look forward to working an attempt to keep the Germans from main very strong. with the Prime Minister in strengthen- learning about the impending attack. Mr. Speaker, Prime Minister Gujral ing United States-India relations. is committed to strengthening United I want to also urge the Clinton ad- b 1630 States-India ties. He has assured for- ministration, Members of this House I believe, Mr. Speaker, it is time we eign investors that he will support free and the Senate to support Prime Min- recognize these brave men. Of the 4,000 market reforms and initiatives. These ister Gujral and assist him in bringing H1854 CONGRESSIONAL RECORD — HOUSE April 24, 1997 peace to South Asia. Mr. Speaker, I age my colleagues to support this ex- Mr. Speaker, I urge our colleagues to would also like to add that this year panded bill. The War Crimes Act of 1997 join with us in paying tribute to them. marks the 50th anniversary of India’s expands the definition of my original Speaker GINGRICH will be our keynote independence. Since her birth in 1947, bill to cover not only the grave speaker this year. Last year we had AL India has hosted free and fair elections breaches of the Geneva Convention but GORE and we had Bob Dole. The pre- through a multiparty political system also a more general category of war vious 2 years we had President Clinton. and has maintained an orderly transfer crimes. The bill also includes impor- Speaker GINGRICH will in fact address of power from government to its suc- tant articles of the Hague Convention these individuals and reinforce the cessor. In light of this achievement, I which has long been recognized as an commitment of this Congress to work would urge President Clinton and more important source of international hu- on their priorities. Members of this body to visit India this manitarian law with respects to means During Wednesday afternoon, Mr. year and to support this momentous and method of warfare, and finally it Speaker, starting at 12:45 the Marine occasion. includes the international protocol on Corps Chemical and Biological Incident f land mines thereby insuring that the Response Team, which was created by The SPEAKER pro tempore. Under a delivery and indiscriminate use of anti- Congress over the past year, will re- previous order of the House, the gen- personnel mines to harm civilians spond to a simulated incident involving a chemical or biological agent in the tleman from Florida [Mr. GOSS] is rec- would constitute a criminal offense. ognized for 5 minutes. While the bill is not retroactive, it can Rayburn Park. Two hundred forty ma- ensure that any future victims of war rines will arrive from Camp LeJeune, [Mr. GOSS addressed the House. His crimes will be given the full protection and they will demonstrate our coun- remarks will appear hereafter in the of the U.S. courts. try’s ability to respond to a life-threat- Extensions of Remarks.] My colleagues, it is a bill which ening situation involving an unknown f would rectify the existing discrep- agent. INTRODUCING THE EXPANDED ancies between our Nation’s intoler- But, Mr. Speaker, even though our WAR CRIMES ACT OF 1997 ance of war crimes and our inability to marines are the finest in the world and prosecute war criminals. Please join this team is the finest in the world The SPEAKER pro tempore. Under a me as a cosponsor of this important today, the first responders who have to previous order of the House, the gen- and critical legislation. go on these scenes in the first few min- tleman from North Carolina [Mr. f utes are those most at risk, and they JONES] is recognized for 5 minutes. are the ones that we have to make sure NINTH ANNUAL CONGRESSIONAL Mr. JONES. Mr. Speaker, last week I have the proper protection, the proper FIRE AND EMERGENCY SERV- introduced the Expanded War Crimes training, and the resources to meet ICES DINNER Act of 1997. It is a bill which expands these threats until reinforcements can the jurisdiction of my original bill, the The SPEAKER pro tempore. Under a in fact be provided by our military and War Crimes Act of 1996. previous order of the House, the gen- by the marine response unit. Last year I came before this House tleman from Pennsylvania [Mr. On Wednesday during the day and the and told a story of a Navy pilot named WELDON] is recognized for 5 minutes. evening, we will focus on this group of Mike Cronin who had spent time as an Mr. WELDON of Pennsylvania. Mr. people and we will discuss the key pri- uninvited guest of the Hanoi Hilton. I Speaker, I rise today to discuss a situa- orities that we in this Congress can spoke of Mr. Cronin’s time in Vietnam tion that is an ongoing problem in this focus on to assist these 1.2 million men as an A–6 pilot and of his being shot country, and that is our ability to re- and women to better serve their com- down and taken prisoner of war and spond to disasters and life-threatening munities. how he spent 61⁄2 years living in a cage. situations. At this very moment we are Mr. Speaker, I urge all of our col- Mike Cronin’s story shocked many of witnessing nationally the response to leagues to join with us both during the you when I told you that upon his re- major flooding in the Dakotas. Over day at the information sessions, meet- turn to America he realized that while the past several years we have seen a ings that will be held in Member of- he and many others had witnessed hor- number of incidents involving loss of fices, and finally on Wednesday rible crimes of war being committed, life and property damage caused by evening to the Washington Hilton to no justice could be found within the hurricanes and tornadoes and earth- attend the ninth annual dinner. U.S. court system because Congress quakes and fires of tremendous mag- Mr. Speaker, there are no braver had not yet enacted implementing leg- nitudes. These incidents are becoming group of people in this country who re- islation of the Geneva Convention. more complicated. Within the last sev- spond to every type of disaster that we Well, a good number of you must have eral hours, there has been an incident face as a nation, and many of them are listened because I am pleased to say uptown in Washington, DC, involving not being paid to respond, and it is ap- that last year Congress finally enacted an unknown agent where first respond- propriate that we in the Congress pro- implementing legislation of the Geneva ers in this city had to respond in spe- vide the appropriate resources and sup- Conventions of 1949. Held by the strong cial suits because they were not sure port to allow them to continue to serve support of the State Department, the whether or not it involved a chemical America. Defense Department, the American Red or biological incident. f Cross, and many others, the War Mr. Speaker, day in and day out, 1.2 Crimes Act of 1996 finally signed into million men and women in this coun- INTRODUCTION OF THE VOTER law legislation originally proposed try, our domestic defenders, respond to ELIGIBILITY VERIFICATION back in the 83d Congress. The War every disaster and emergency situation ACT—H.R. 1428 Crimes Act of 1996 gave the United that this Congress or that this country The SPEAKER pro tempore. Under a States the legal authority to try and and our communities face. previous order of the House, the gen- prosecute the perpetrators of war On Wednesday of next week, Mr. tleman from California [Mr. HORN] is crimes against American citizens. Ad- Speaker, we will in fact host the Ninth recognized for 5 minutes. ditionally those Americans prosecuted Annual Congressional Fire and Emer- Mr. HORN. Mr. Speaker, today I and now have available all the procedural gency Services dinner where 2,000 of 16 other colleagues are introducing the protections of the American justice the leaders of our domestic defenders Voter Eligibility Verification Act, H.R. systems, quite a victory for America. across the country from every State 1428. I think most American citizens The 105th Congress cannot and should will assemble in Washington to again would say that the very hallmark of not stop there. We must protect all the celebrate the work that these brave in- citizenship is the right to cast one’s rights of our men and women defending dividuals provide. They are involved in vote and to have it counted. But in the interests of our country abroad. It 32,000 organized departments, they are America we have increasingly situa- is for that reason that I introduced the paid and they are volunteers, and they tions where people who are not Amer- Expanded War Crimes Act of 1997. I are out there day in and day out as the ican citizens are voting, and local reg- stand before this body today to encour- first responders to America’s problems. istrars and State chief election officers April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1855 are at their wit’s end as to how we can Mr. HORN. Mr. Speaker, in another use as possible, so long as privacy and infor- find out who are American citizens and startling case in 1994, it was discovered mation security are protected. Election offi- who are not. that Mexican presidential candidate cials would be able to make inquiries The Voter Eligibility Verification Luis Donald Colosio was assassinated through a toll-free telephone call or other Act of 1997 intends to solve that prob- toll-free electronic media. by one of his countrymen who had reg- The bill also requires Social Security and lem. I am very conscious of what one istered to vote in Los Angeles County INS to update their information to make it vote means. When I go to high school twice despite the fact that he was not as accurate possible, and to set up a process civic classes and talk to seniors, I a citizen of the United States. for prompt correction of erroneous informa- stress my own primary back in 1992. I Elections are the very lifeblood of de- tion. won by one-fifth of a vote per precinct. mocracy. Fraud in elections poisons There is no mandate on state or local gov- So each vote is precious. One’s indi- our electoral system and undermines ernments to use the proposed verification vidual vote does count, and in intro- process. It is simply a tool available to them the trust that is essential to democ- should they choose to use it. ducing this bill we are trying to ensure racy.Under the bill we are introducing the integrity of national, State, and The bill also includes extensive restric- today, State and local election officials tions on the use of the verification process to local elections. By preventing nonciti- would be able to make inquiries to the prevent discrimination and violation of pri- zens from registering to vote, we are Social Security Administration which vacy. The verification process in the bill is fulfilling the spirit of the Constitution. has a record of citizenship when they to be designed and operated with administra- The 16 colleagues who join me have assign a Social Security number, and tive, technical, and physical safeguards to also had experience with close elec- prevent unauthorized disclosure of personal the Immigration and Naturalization tions in Arizona, California, and Ohio information, and safeguards against dis- Service which also can help verify peo- among other States. In many jurisdic- crimination, including the selective or unau- ple who have submitted to naturaliza- tions, it is simply too easy to vote thorized use of the verification process. The tion and citizenship. fraudulently. bill requires the verification process to be Last October, California Secretary of b 1645 ‘‘uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965.’’ State Bill Jones dropped 727 people I want to emphasize that this legisla- It explicitly does not authorize a ‘‘national from the voter rolls after they com- tion includes extensive restrictions on ID card’’ or the creation of a new database. pleted voter registration forms that the use of the system to prevent dis- Finally, people whose citizenship status simply indicated they were not citi- crimination and violations of privacy cannot be confirmed by the process proposed in the bill would have the opportunity to zens. Secretary Jones has endorsed the rights. This legislation strikes a vi- bill, and I would like to place his en- provide proof of their citizenship to local tally needed balance between protect- registrars of voters. Under the bill, if an in- dorsement letter in the RECORD. ing the sanctity of our elections and dividual’s citizenship cannot be confirmed, SECRETARY OF STATE, the rights of every individual. the election official has to notify the indi- State of California, April 3, 1997. Last year, we saw many elections vidual in writing and inform them of their Hon. STEVE HORN, where the possibility of noncitizens right to establish their eligibility to vote Cannon House Office Building, (provide proof of citizenship). The individ- Washington, DC. voting was before us. Last year in the 104th Congress, we passed a historic Il- ual’s voter application can then be rejected, DEAR CONGRESSMAN HORN: I am writing to the individual’s name can be removed from express my strong support of your proposed legal Immigration Reform and Immi- the voting rolls, or the individual can be legislation to permit elections officials to grant Responsibility Act. It made it ex- given provisional voting status. have access to INS information. plicitly illegal for noncitizens to vote. California Secretary of State Bill Jones As you know, I have set as my goal as Sec- But without having a way to verify has endorsed the bill. The bill’s original co- retary of State 100% voter participation and sponsors are Representatives David Dreier zero tolerance for fraud. In the last two and registrants’ ability to vote, State and (R-CA), Mark Foley (R-FL), Brian Bilbray a half years my office has moved aggres- local election officials simply could not (R-CA), Ken Calvert (R-CA), Randy ‘‘Duke’’ sively towards both of these goals. enforce that law effectively. Cunningham (R-CA), Phil English (R-PA), In regards to voter participation, I have es- Voting, as I suggested, is the most tablished an aggressive and comprehensive Elton Gallegly (R-CA), Duncan Hunter (R- fundamental act of citizenship. The CA), Jerry Lewis (R-CA), Howard ‘‘Buck’’ outreach program via television, radio, signs people who administer our elections on buses, printed messages on bank ATM re- McKeon (R-CA), Ron Packard (R-CA), Frank ceipts, grocery bags, La Opinion newspaper, ought to have access to the informa- Riggs (R-CA), Ed Royce (R-CA), Cliff Stearns and billboards, and a variety of other pro- tion they need to ensure the integrity (R-FL), Bob Stump (R-AZ), and James Trafi- grams within the public and private sector. of the ballot box. American citizens de- cant (D-OH). My election reforms include a statewide serve no less. voter file (CalVoter) to clean duplicate and Mr. Speaker, I attach for inclusion EXHIBIT II deadwood voter records off our lists; a place the following exhibits: THE SPONSORS OF H.R. 1428 on the voter registration form to provide a Exhibit I: A Summary of The Voter Mr. Horn and: driver’s license number as a unique identi- 1. Mr. Dreier. fier; the first ever cross-county check for Eligibility Verification Act. 2. Mr. Foley. double voters; a crackdown on bounty hun- Exhibit II: The sponsors of H.R. 1428. 3. Mr. Bilbray. ters, to name just a few. I am working hard Exhibit III: The text of H.R. 1428. 4. Mr. Calvert. to send a message of deterrence to any who EXHIBIT I 5. Mr. Cunningham. would abuse our elections system in any 6. Mr. English (PA). SUMMARY: THE VOTER ELIGIBILITY 7. Mr. Gallegly. way. VERIFICATION ACT However, there are still some reforms 8. Mr. Hunter. uncompleted that are critical to the future Under the bill, local election officials 9. Mr. Lewis (CA). integrity of California’s election system. would be able to make inquiries with the So- 10. Mr. McKeon. Number one is the issue of citizenship. The cial Security Administration and the Immi- 11. Mr. Packard. 12. Mr. Riggs. federal NVRA [National Voter Registration gration and Naturalization Service to verify 13. Mr. Royce. Act—‘‘Motor Voter’’] and California election the citizenship of people who have submitted 14. Mr. Stearns. law clearly state that only those persons a voter registration application at the local level. Both agencies are involved because 15. Mr. Stump. who are United States citizens are eligible to 16. Mr. Traficant. register and vote in elections. Unfortu- neither has a comprehensive record of all current citizens. The agencies only will re- nately, we have very limited tools to be able EXHIBIT III to verify or check if a voter is a citizen. spond if the inquiry is necessary for deter- Your bill, which would provide for access mining eligibility to vote. THE TEXT OF H.R. 1428 to records residing with the Immigration and The bill also makes it clear that state and Be it enacted by the Senate and House of Rep- Naturalization Service would materially local governments also may require the So- resentatives of the United States of America in benefit election officials in our efforts to cial Security number as part of the voter Congress assembled, maintain the integrity of the voter file. registration process. According to the Con- SECTION 1. SHORT TITLE. Please feel free to contact my office for as- gressional Research Service, 13 states re- This Act may be cited as the ‘‘Voter Eligi- sistance in securing passage of this most im- quire the Social Security number on their bility Verification Act’’. portant measure. voter registration forms. It is optional on SEC. 2. VOTER ELIGIBILITY CONFIRMATION SYS- Sincerely, the forms of 14 states. TEM. BILL JONES, The bill requires the verification process (2) IN GENERAL.—Title IV of the Immigra- Secretary of State. to be designed to be as reliable and easy to tion and Nationality Act (8 U.S.C. 1101, note) H1856 CONGRESSIONAL RECORD — HOUSE April 24, 1997

is amended by inserting after the chapter tity and citizenship must be confirmed, the ‘‘(2) REGISTRATION APPLICANTS.—In the heading for chapter 1 the following: correspondence of the name and number, and case of an individual who is an applicant for ‘‘VOTER ELIGIBILITY CONFIRMATION SYSTEM whether the individual is a citizen of the voter registration, and who receives a notice United States. The Commissioner shall not from an official under paragraph (1), the offi- ‘‘SEC. 401. (a) IN GENERAL.—The Attorney disclose or release social security informa- cial may, subject to, and in a manner con- General, in consultation with the Commis- tion (other than such confirmation or non- sistent with, State law, reject the applica- sioner of Social Security, shall establish a confirmation). tion, or provisionally accept the application, confirmation system through which they— ‘‘(2) PROVISION OF ALIEN IDENTIFICATION pending the official’s receipt of adequate ‘‘(1) respond to inquiries made to verify the NUMBER.—In cases of tentative nonconfirma- confirmation of the citizenship of the indi- citizenship of an individual who has submit- tion of an individual’s citizenship by the vidual. ted a voter registration application, by Fed- Commissioner of Social Security after an ‘‘(3) VOTER REMOVAL PROGRAMS.—In the eral, State, and local officials (including vot- initial inquiry to the Commissioner, the case of an individual who is registered to ing registrars) with responsibility for deter- Commissioner, as part of the confirmation vote, and who receives a notice from an offi- mining an individual’s qualification to vote system, shall provide to the person making cial under paragraph (1) in connection with a in a Federal, State, or local election; and the inquiry any information the Commis- program to remove the names of ineligible ‘‘(2) maintain a record of the inquiries that sioner maintains regarding an alien identi- voters from an official list of eligible voters, were made and of verifications provided (or fication or authorization number for the in- the official may, subject to, and in a manner not provided). dividual established by the Immigration and consistent with, State law, remove the name ‘‘(b) INITIAL RESPONSE.—The confirmation Naturalization Service. The Attorney Gen- of the individual from the list, or grant the system shall provide for a confirmation or a eral, in consultation with the Commissioner, individual provisional voting status, pending tentative nonconfirmation of an individual’s shall specify the information to be provided the official’s receipt of adequate confirma- citizenship by the Commissioner of Social under this paragraph. tion of the citizenship of the individual.’’. Security as soon as practicable after an ini- ‘‘(f) RESPONSIBILITIES OF THE COMMISSIONER (b) CLERICAL AMENDMENT.—The table of tial inquiry to the Commissioner. OF THE IMMIGRATION AND NATURALIZATION contents of the Immigration and Nationality ‘‘(c) SECONDARY VERIFICATION PROCESS IN SERVICE.—As part of the confirmation sys- Act is amended by inserting before the item CASE OF TENTATIVE NONCONFIRMATION.—In tem, the Commissioner of the Immigration relating to section 402 the following: and Naturalization Service shall establish a cases of tentative nonconfirmation, the At- ‘‘Sec. 401. Voter eligibility confirmation sys- reliable, secure method, which compares the torney General shall specify, in consultation tem.’’. with the Commissioner of Social Security name and alien identification or authorization number described in subsection (e)(2) SEC. 3. PERMITTING STATES TO REQUIRE APPLI- and the Commissioner of the Immigration CANTS REGISTERING TO VOTE TO and Naturalization Service, an available sec- which are provided in an inquiry against PROVIDE SOCIAL SECURITY NUM- ondary verification process to confirm the such information maintained by the Com- BER. validity of information provided and to pro- missioner in order to confirm (or not con- Clauses (i) and (vi) of section 205(c)(2)(C) of vide a final confirmation or nonconfirmation firm) the validity of the information pro- the Social Security Act (42 U.S.C. as soon as practicable after the date of the vided, the correspondence of the name and 405(c)(2)(C)) are amended by inserting ‘‘voter tentative nonconfirmation. number, and whether the individual is a citi- registration,’’ after ‘‘driver’s license,’’. zen of the United States. ‘‘(d) DESIGN AND OPERATION OF SYSTEM.— f ‘‘(g) UPDATING INFORMATION.—The commis- The confirmation system shall be designed sioners of Social Security and the Immigra- and operated— KEEPING SOCIAL SECURITY tion and Naturalization Service shall update SOLVENT ‘‘(1) to be used on a voluntary basis, as a their information in a manner that promotes supplementary information source, by Fed- the maximum accuracy and shall provide a The SPEAKER pro tempore (Mr. eral, State, and local election officials for process for the prompt correction of erro- NEY). Under a previous order of the the purpose of assessing the eligibility of neous information, including instances in House, the gentleman from Michigan voter registration applicants, and admin- which it is brought to their attention in the istering voter registration, through citizen- [Mr. SMITH] is recognized for 5 minutes. secondary verification process described in Mr. SMITH of Michigan. Mr. Speak- ship verification; subsection (c). ‘‘(2) to respond to an inquiry concerning ‘‘(h) LIMITATION ON USE OF THE CONFIRMA- er, today the trustees of Medicare is- citizenship only in a case where determining TION SYSTEM AND ANY RELATED SYSTEMS.— sued their report and also the trustees whether an individual is a citizen is— ‘‘(1) IN GENERAL.—Notwithstanding any of Social Security issued their report. I ‘‘(A) necessary for determining whether other provision of law, nothing in this sec- think this is another indication that the individual is eligible to vote in an election shall be construed to permit or allow this country, has got to do something, tion for Federal, State, or local office; and any department, bureau, or other agency of if we are going to keep Social Security ‘‘(B) part of a program or activity to pro- the United States Government to utilize any solvent, if we are going to keep Social tect the integrity of the electoral process information, data base, or other records as- that is uniform, nondiscriminatory, and in sembled under this section for any other pur- Security available to not only existing compliance with the Voting Rights Act of pose other than as provided for under this retirees, but future retirees. 1965 (42 U.S.C. 1973 et seq.); section. In the report, the trustees estimated ‘‘(3) to maximize its reliability and ease of ‘‘(2) NO NATIONAL IDENTIFICATION CARD.— that the time that the Social Security use, consistent with insulating and protect- Nothing in this section shall be construed to Trust Fund was going to run out of ing the privacy and security of the underly- authorize, directly or indirectly, the issu- money, the time that there was going ing information; ance or use of national identification cards to be less money coming in in taxes ‘‘(4) to permit inquiries to be made to the or the establishment of a national identifica- than was required for benefit payout tion card. system through a toll-free telephone line or would be 2012. And they also calculated other toll-free electronic media; ‘‘(3) NO NEW DATA BASES.—Nothing in this ‘‘(5) to respond to all inquiries made by au- section shall be construed to authorize, di- a slight increase in their estimate of thorized persons and to register all times rectly or indirectly, the Attorney General the tax increases necessary to keep So- when they system is not responding to in- and the Commissioner of Social Security to cial Security solvent. quiries because of a malfunction; create any joint computer data base that is One year ago, they estimated that it ‘‘(6) with appropriate administrative, tech- not in existence on the date of the enact- would take a tax increase of 2.19 per- nical, and physical safeguards to prevent un- ment of the Voter Eligibility Verification cent of payroll. This year they are esti- authorized disclosure of personal informa- Act. ‘‘(i) ACTIONS BY VOTING OFFICIALS UNABLE mating that it is going to take a tax tion; and increase of 2.23 percent of payroll, ‘‘(7) to have reasonable safeguards against TO CONFIRM CITIZENSHIP.— ‘‘(1) IN GENERAL.—In a case where an offi- the system’s resulting in unlawful discrimi- slightly a worse condition. cial who is authorized to receive information natory practices based on national origin or However, there is a couple of assump- through use of the confirmation system is citizenship status, including the selective or tions that the Social Security trustees unable, after completion of the secondary unauthorized use of the system. used to come up with this estimate. verification process, to confirm the citizen- ‘‘(e) RESPONSIBILITIES OF THE COMMISSIONER One is they calculated that CPI would ship of an individual, the official— OF SOCIAL SECURITY.— ‘‘(A) shall so notify the individual in writ- be one-half of 1 percent less than their ‘‘(1) IN GENERAL.—As part of the confirma- ing; and estimates of a year ago. tion system, the Commissioner of Social Se- ‘‘(B) shall inform the individual in writing The second assumption was that real curity shall establish a reliable, secure of the individual’s right to use— interest rates would increase and method, which compares the name and social ‘‘(i) the process provided under subsection therefore, the interest paid from the security account number provided in an in- (g) for the prompt correction of erroneous in- general fund to the Social Security quiry against such information maintained formation in the confirmation system; or by the Commissioner in order to confirm (or ‘‘(ii) any other process for establishing eli- Trust Fund on the Government securi- not confirm) the validity of the information gibility to vote provided under State or Fed- ties in the fund would actually in- provided regarding an individual whose iden- eral law. crease. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1857 What we have to face up to, Mr. without the additional burden of insti- ought to begin at least talking about Speaker, is the fact that when there is tutional racism rearing its ugly head. the possibility of, while leaving seniors less money coming in than is required Mr. Speaker, it greatly concerns me whole, looking at and exploring options for payout, somehow Congress and the that in my home State of North Caro- for young people. U.S. Government is going to have to lina, there has been a 64-percent de- Mr. Speaker, what I have consist- come up with the money to pay back cline in minority farmers just over the ently heard from young people in my the money borrowed from the trust last 15 years from 6,996 farms in 1978 to district is that they do not think they fund. How do they do it? How would 2,498 farms in 1992. There are several are going to get all of the Social Secu- they come up with these billions of dol- reasons why the number of minority rity that is due them. One of the inter- lars. and limited resource farmers are de- esting things to look at is I guess a They have several options. One is to clining so rapidly, but the one that has number of the benefits that might cut spending in other programs. One is been documented time and time again come with change. to increase taxes on existing workers is the discriminatory environment One of the benefits would be just sav- and say, in effect, look, what we bor- present in the USDA, the very agency ing the system, because what the trust- rowed from you we are going to pay established to accommodate and to as- ees have said is that if we do nothing, back by increasing your taxes and sist the special needs of all farmers and it goes bankrupt in about 30 years. But make you pay this additional sum in. all ranchers. more important than just saving the Let me just give my colleagues a cou- In November of last year, the Farm system, the whole purpose of Social Se- ple examples of how much the general Service Agency Administrator, Grant curity ought to be a noble retirement. fund is going to have to come up with Tuntrock, stated in a public speech If one earns more with their Social Se- to continue to pay the benefits that are that, ‘‘We recognize there have been in- curity investment, they can retire with now promised under Social Security. stances of discrimination in responding more. In the year 2020, for example, the to the requests for our services in the What the Social Security trustees general fund is going to have to pay to past, and we deplore it,’’ he said. As I have said today is that on average, peo- Social Security $219 billion in order to have stated before, the time has come, ple today earn about 1.9 percent on come up with the money necessary for however, not just to deplore these oc- their quote ‘‘Social Security invest- promised benefits. currences, but to put a stop to them. ment,’’ and most of the folks I talk to Mr. Speaker, Members of Congress, We must resolve that the many pend- in my home district say that they the President, politicians are going to ing individual cases where discrimina- could earn more than 1.9 percent on have to take their heads out of the tion has been found, the planting sea- their retirement investment. sand. They are going to have to face up son is upon us, and if these farmers are What this means is, if you take some- to the problem that this Ponzi game of to be given the opportunity to farm body earning $24,000 a year and if one Social Security cannot maintain itself, this year, financial resolution of the group earns 1.9 percent on their invest- and we need to take immediate action. unjust treatment they have received ment and another group earns 5 per- The suggestion of the gentleman from must come and must come very, very cent on their investment, it does not Wisconsin [Mr. NEUMANN] that has the soon. take a rocket scientist to know that support of a lot of us that say at the With our understanding of this issue, second group is going to earn more and very least, let us stop Government it is my hope that we will continue end up with more in their retirement, from reaching into the Social Security with a steady movement toward legis- and I think that to be a very big bene- Trust Fund and then using that money lation that the emancipation, in the fit of this possibility of changing So- for other program payments. first instance, was to give people equal cial Security. The long-range solution will be, I opportunity, that we in this House will Another benefit that I think is worth hope, similar to the bill that I have in- have the courage to stop this and have mentioning is the whole notion of re- troduced that is now scored by the So- legislation that will prevent it from tirement age. A pay-as-you-go system, cial Security Administration to keep happening in the future. I think, comes at a tremendous cost in Social Security solvent for the next 75 f terms of human happiness, because years. The bottom line is we have to with a pay-as-you-go system, we all pay attention to it. The longer we put POSSIBLE CHANGES FOR SOCIAL have to retire at the same age. Yet I it off, the more drastic the solutions SECURITY can walk down the grocery store aisle will have to be. The SPEAKER pro tempore. Under a and look at 25 different kinds of deter- f previous order of the House, the gen- gent, I can look at 30 different kinds of tleman from South Carolina [Mr. SAN- toothpaste, I can look at a long maga- DISCRIMINATION WITHIN USDA FORD] is recognized for 5 minutes. zine stack of different kinds of maga- The SPEAKER pro tempore. Under a Mr. SANFORD. Mr. Speaker, my col- zines, but I cannot choose for me when previous order of the House, the gentle- league from Michigan [Mr. SMITH] just I want to retire, and I think that that, woman from North Carolina [Mrs. talked about some of the problems fac- again, comes at a tremendous cost in CLAYTON] is recognized for 5 minutes. ing Social Security if we do nothing to terms of human happiness, because we Mrs. CLAYTON. Mr. Speaker, known address what the trustees; again, not are all different. as the people’s department, the USDA what Republicans or Democrats have In my home State of South Carolina, was established when President Lin- said, but what the trustees have said if we have STROM THURMOND, who would coln signed the law on May 15, 1862. It we do nothing. like to work until he is 100 or 150, I am is ironic that the very department cre- I would like to talk for just a mo- not sure, but he wants to work basi- ated by the President, who signed the ment about not just the problems in- cally until he dies. And I say God bless Emancipation Proclamation, today herent in Social Security, because it him; go for it. But I have many other faces widespread and documented has done a lot of great things for my friends who say that work is fine, but charges of unfair and unequal treat- mother, for my grandparents, but we fishing is even better. I want to retire ment of socially disadvantaged and mi- need to address some of the benefits when I am 50. With the idea of personal nority farmers. that might come if we looked at chang- savings accounts, you could choose for The farmers and ranchers of Amer- ing Social Security. yourself when you want to retire rath- ica, including minority and limited re- I think, first, we might want to de- er than a Congressman or a Senator or source producers, through their labor, fine what we mean by changing Social a bureaucrat in Washington choosing sustain each and every one of us and Security. I do not believe, and I do not for you when you want to retire. maintain a lifeblood of our Nation and think anybody believes, that changing Another benefit I think worth men- the world. These people do not dis- Social Security ought to mean taking tioning, and again, there are many, but criminate. Their products are for all of Social Security away from existing re- one other worth mentioning would be us. Therefore, it is important that we tirees or those about to retire. How- we could do something about the na- do all within our power to ensure that ever, what I do believe in terms of tional savings rate. Right now in our each and every producer is able to farm changing Social Security is that we country we have a savings rate that H1858 CONGRESSIONAL RECORD — HOUSE April 24, 1997 bumps along somewhere between 3 and I bring that background here because Why is that significant? Right now 5 percent. when I think back to those years, the there are a lot of things happening out Well, in China, they have a savings late 1980’s and even 1990, and I think here in Washington, DC. Two years ago rate of about 40 percent. In Singapore, about that business and how it grew a group of people came here, 73 fresh- they have a savings rate in the mid and prospered and provided job oppor- man Republicans came here with the 30’s. In South Korea, they have a sav- tunities, I sometimes forget why it was idea that we were going to solve this ings rate in the high 30’s. In Chile, that I left that business that was going disastrous problem and what it means where they instituted this system, so well to come to Washington, and for the future of our country. We have they have a savings rate in the high then I look at this picture. It reminds committed ourselves to shrinking the 20’s, and here we are bumping along at me of the future that we have for our size and scope of Washington, and 3 to 5 percent. children if something is not done about shrinking the involvement of this Gov- We cannot advance a modern indus- the growing debt facing the United ernment in the lives of real American, trial society on a 3-percent national States of America today. of everyday people, the people that get savings rate, because the thing that I always look at this chart as one of up every morning and go to work. politicians leave off while they will the best charts that I have ever seen Our goal was to get this Government talk about the fact that we need to do that shows actually what is going on in smaller, so those people could in fact something about standard of living in our country. This shows the growing look forward to the opportunities that America, they will not talk about what debt facing America. From 1960 to 1980 exist if this debt was not there, keep- it is that affects standard of living in one can see that the debt did not grow ing that extra $600 a month in their America, and that is that savings hardly at all, but from 1980 forward we own pockets. That is what our goal was drives investment, which drives pro- are on a very, very steep climb that is 2 years ago. ductivity gain, which drives standard going to destroy the future of this Na- Now today it is 2 years later, and a of living. tion for our children. lot of the freshmen that came here 2 I like to point out that at this point In short, if you were to have a wood- years ago and a lot of the others in this in time we are about here on this Congress have kind of forgotten, it cutting contest in the backyard, and chart, and the debt continues to grow seems, sometimes what we came here you gave one fellow a little hand ax and grow and grow. I rise tonight to re- for. In fact, the heart and soul of one of that cost you 3 bucks, and you gave an- mind my colleagues of that, because the things we came here for, making other person a chain saw that cost $300, there are a lot of bills going on right Washington smaller, the funding of the person with the $300 chain saw, now in this community that relate Washington committee staff, is a bill however much weaker or however very directly to this picture that I that is being considered as we speak slight, would be able to end up with a have here with me. this evening right here and now. bigger stack of wood and consequently In fact, the debt today is $5.3 trillion The Washington committee staff pro- more in the way of income. facing the United States of America. posal this year was to increase spend- I know that I am eroding away at my The legacy that our generation is going ing for Washington committee staff by 5 minutes here, so I will call it quits. to pass on to the next generation of 141⁄2 percent. To me, that is contrary to But the point is to say that there are Americans; that we, the people that everything that we came here for and many benefits that might come with are working today are going to pass on everything we came here to be about. this proposed talk of changing Social to our children and our grandchildren, The concept of increasing Washington Security so that we save it for the next that legacy is of a $5.3 trillion debt. committee staff spending by 141⁄2 per- generation and so that my three boys Let me put that into perspective so cent is against everything that I be- get Social Security as well. we keep in mind what that really lieve in and everything we came here f means. That debt translates into for. That is making Washington bigger $20,000 for every man, woman and child and more intrusive into our lives, as b 1700 in the United States of America today. opposed to what I believe Republicans PROBLEMS FACING AMERICA For a family of five, like mine, the stand for, and that is making Washing- THAT MUST BE ADDRESSED NOW United States Government has bor- ton smaller. The SPEAKER pro tempore (Mr. rowed $100,000 basically in the last 15 When I look at this debt picture, it years. reminds me of how important it is that MICA). Under the Speaker’s announced Let me translate that into what that we win these battles to keep Washing- policy of January 7, 1997, the gen- really means. That means that an aver- ton shrinking, as opposed to turning tleman from Wisconsin [Mr. NEUMANN] age family of five, like mine, is paying around and letting it start growing is recognized for 60 minutes as the des- $600 a month into this Government to again. ignee of the majority leader. do nothing but pay the interest on the There is another looming battle. This Mr. NEUMANN. Mr. Speaker, I rise debt. An average family of five, like battle is even tougher. It is the supple- tonight to talk about an issue that I mine, pays $600 a month to do nothing mental appropriation bill. For those in think is very important. It is really the but pay the interest on the Federal America that do not know exactly issue I came here for in the first place. debt. what that means, Mr. Speaker, that Up until 1989 I had never been in- A lot of people say, do not worry means it is a spending bill of American volved in any politics in any way, about me, I do not pay that much in tax dollars. Washington people are shape, or form. In 1980 my wife and I taxes. The reality is when you walk going to spend your money. started a business in the basement of into the store and you buy something I have to say that this supplemental, our house. The business grew. It was as simple as a loaf of bread, the store we are spending it on some legitimate real estate. In 1986 we started a home- owner makes a profit when you pay things. There are flood victims all building company, and we understand him for that loaf of bread or her for across America, and those flood vic- fully if we had lost money in the sec- that loaf of bread, and part of that tims need help. When I talk to the ond year and the third year, that the profit comes into the U.S. Government folks back home in Wisconsin, the vast banks would have taken that business in the form of taxes. majority of those people are willing to away from us. It is that kind of back- One way or another, every family of help others less fortunate than them- ground that I bring here. five in the United States of America, selves, like the folks in North Dakota But instead of losing money in the every group of five people in the United that we have been seeing on TV, where second year the homebuilding company States of America today, is paying $600 a city of 50,000 is literally under water. turned around. After building 9 homes a month toward the interest only. That The city of Janesville, WI, where I our first year, providing 18 jobs in does not count Social Security or Med- come from, is about the same size as southeastern Wisconsin, we wound up icare or defense, or any of the other that city, so it is very easy for us to building about 120 homes 4 years later, important programs our Government imagine what this means, and this is a making a legitimate profit in our busi- runs. That $600 a month does nothing legitimate need. This is a legitimate ness and providing 250 job opportuni- but pay the interest on the Federal program for the government to step ties in southeastern Wisconsin. debt. into and help these people. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1859 But this is the dilemma. The di- to the legacy that this generation is checkbook, that is called the deficit, so lemma is here. As we realize that we passing on to the next generation, and they take this $65 billion, put it in the have a responsibility to help these peo- I say that is wrong and that is inexcus- general fund, overdraw the general ple in North Dakota or Ohio, or where able. I say we have a responsibility to fund, and there is no money left to put the flood victims are around America, future generations of Americans, that actual dollars into this savings account we also realize our responsibility to the if we are going to spend the money, we that is supposed to be there to preserve future of this country, our responsibil- have to find other parts of the budget and protect Social Security. As a re- ity to our children to prevent this that we can reduce spending in. sult, at the end of the year they simply chart from continuing its growth of The second reason I rise to speak to- write an IOU, technically called a non- debt. night is with that growing debt picture negotiable Treasury bond, and they put This is a very tough dilemma. We looming, several other Members of that down here in the trust fund. have a legitimate reason to spend Congress just ahead of me this evening What does this really mean? This money, to help people who are truly in talked about the Social Security issue. really means if you go and look at the need in this Nation. On the other hand, The second reason I am rising tonight Social Security trust fund today, that we have this responsibility to the fu- is to speak to the Social Security there is nothing in it except IOU’s; ture of America to stop the growth in issue, and exactly what is going on. that entire savings account that is sup- debt that is so clear in this picture, a The new report coming out today re- posed to be there to protect our senior responsibility to our children to make peats how important it is that we solve citizens, there is absolutely nothing in sure that this does not continue, so the Social Security problems today, this except a pile of IOU’s. they have the opportunity to live the not in the future. I am happy to report this evening, American dream that we have had. Social Security today is collecting and I am going to ask our colleagues to What do we do about that? In Wash- about $418 billion out of the paychecks join it, and ask the people around the ington what is going on is they are proof Americans. Anybody who has a job country to call on our colleagues and posing that we simply go and spend today pays into the Social Security ask them to support this bill, the bill more money, that we spend $4.8 billion, system. When they are all done collect- very simply is the Social Security add $4.8 billion to this debt legacy we ing that money out of the paychecks, Preservation Act. It is not an Einstein are going to pass on to our children. they are collecting $418 billion. They kind of bill. It is very simple and very There is another alternative. We do are writing checks out to our senior straightforward. not have to just go and spend the citizens of about $353 billion. That It simply says that that $65 billion money. What we could do is go and sounds pretty good. If you think of this that is being collected to preserve and spend the money to help those flood as your own checkbook, if you are tak- protect Social Security is to be put di- victims and find other parts of the ing $418 into your checkbook and you rectly into the Social Security trust budget that are less important, other are only spending $353, that is a pretty fund, instead of being directed into the areas we are spending money on and good setup. In fact, there are 65 bucks big Government checkbook to be spent not spend that money. left in your checkbook when you are on other Government programs. Let me give an example of how this done. That is good news for senior citi- The bill is H.R. 857, and I strongly en- might work. Currently, today, the U.S. zens, that is good news for America. courage our colleagues to join the 60 of Government hires people to push eleva- The idea is this, that extra money us that have already cosponsored that tor buttons for Members of Congress, that is left in the checkbook, the dif- bill; call, ask them to join us as a co- so as they leave their office and come ference between the $418 they are col- sponsor of that bill, so as American over to this floor to vote, they do not lecting and the $353 they are paying people we can solve the Social Security have to push the buttons in the ele- out, that extra money is supposed to be problem and make it solvent. vators themselves. I find this a ridicu- set aside into a kitty, because not far Again, what that bill does is very lous expenditure of the taxpayers’ down the road the baby boom genera- simple. It is very simple and straight- money. tion gets to retirement, and they will forward. It simply takes the money So rather than just going and spend- not be taking enough money in to that is being collected over and above ing this money on flood victims with- make the payments back to our sen- what is being sent out to our seniors in out finding other areas less important iors. benefits and puts it directly into the in the Federal budget, why do we not The idea is this: At that point in Social Security trust fund. If that go and spend the money to help the time the money is supposed to be sit- would happen, if that would happen, flood victims who legitimately need it, ting there in a savings account, so there would currently be $550 billion in and go to other parts of the budget and when there is not enough money com- the Social Security trust fund. That find ways to reduce spending to offset ing in to make good on the payments, number would build all the way to $1.2 that legitimate expenditure to help when there is not enough coming in to trillion by the year 2002. flood victims? make the payments out to our seniors, Social Security would then be safe The flood victims, I maybe under- they then go to that savings account and secure for our senior citizens, but stand this a little better than some that is supposed to be built with this it goes beyond the senior citizens. Peo- other issues. My son happens to be surplus that exists today, the $65 bil- ple that are in their forties and fifties going to school in New Ulm, MN. I lion. need to understand that if this bill is know one night he called me up and I have good news for the seniors. If not passed, we are going to reach a cri- said that that day he had been out fill- this were being run the way it is set up, sis point sometime between the year ing sand bags to help protect that city the Social Security system is solvent 2005 and the year 2012. That crisis point in Minnesota from the floods that were and works all the way to 2029. That is occurs when there is not enough money coming. the good news. The bad news is in coming in to make good on the pay- This is a legitimate reason, and peo- Washington, DC, when they see this $65 ments, and there is no money over here ple in Wisconsin are willing to help billion, they do the Washington thing. in the trust fund to get the money to other people around the country. I am I think anybody watching tonight, all make good on the payments to seniors. willing to help people around the coun- of my colleagues, know what the Wash- So from 2005 to 2012, what are we try. What we need to do, though, is go ington thing is to do. They see that $65 going to do as a Nation? We have a cou- and find areas where we do not have to billion sitting there in the Social Secu- ple of choices. One choice is to go to be spending the taxpayers’ money, rity trust fund, and instead of putting senior citizens and say, we cannot eliminate those expenditures, and redi- that $65 billion into the trust fund, make good on the promises that have rect the money over here to the flood they put it into the general fund. They been made to you regarding Social Se- victims. then spend all the money out of the curity. I think that is a lousy choice. It Make no mistake, that is not the cur- general fund, leading us to the deficit. should be ruled out. rent proposal. The current proposal is There is another way to think of this. A second choice, and now I am going to simply go and spend more money, They take the 65 bucks, put it in their to bring another generation in here, it just let the debt keep growing, add it big checkbook, they then overdraw the is not only the folks that are seniors H1860 CONGRESSIONAL RECORD — HOUSE April 24, 1997 and the people in their forties and fif- ation. It needs to be passed in the very out $104 billion of surplus that year, ties, I am now going to talk about the near future. We need to start setting put that money in their checkbook and young people and what this means to this money aside so that our seniors call their checkbook balanced. You see, them, because the second choice when are safe, so that the people in their for- in the year 2002, when Washington says we reach that crisis point, 2005 to 2012, ties and fifties are safe and so that the the budget is balanced, they have still the second choice is to go to our young young people can start thinking about got the $104 billion that they are using families and say, we have to take more doing something different. out of the Social Security trust fund. money out of your paycheck because If we let this go, if we let this go in That is inexcusable. we were not able to set the money the 1990’s and our generation looks the It does not have to be this way. The aside when we were supposed to back in other way and continues doing the worst part of this whole picture is that the 1990’s. So the next choice affects Washington thing and spending this absolutely it does not have to be that our young people and affects them di- money instead of putting it away, let way. We have out of our office with the rectly. the burden be on our shoulders when support of many groups here in Wash- My oldest son is a sophomore in col- we have to go out to our families and ington as well as many of my college. My daughter is a senior in high ask to collect even more taxes than leagues here in Washington proposed a school. My youngest is in eighth grade. right after the turn of the century. budget that would stop this from hap- When I think about our kids and the The issue gets even more interesting pening. Our budget is very straight- time when they are going to be married when you look at how the Social Secu- forward. It assumes CBO revenues. It and starting their own families, and all rity issue really impacts and affects assumes a revenue stream that is being the other kids just like them across the budget as a whole. You see, in estimated out here in Washington. It America, when I think of these kids, it Washington when they report the budg- allows the American people to keep is about the same time that this Social et they report this blue area. In fact more of their own money putting $500 Security crisis hits. this year we are reporting a budget def- per year back into the pockets of our I, for one, do not think it is respon- icit of about $107 billion. What they do working families, per child. It allows sible for us as a Nation to go blindly not tell you is that is how much the for capital gains tax reduction, which forward spending the Social Security checkbook is overdrawn. Well, the is really a job creation bill. money, knowing that in the near fu- checkbook is overdrawn by $107 billion It reforms the estate tax so that ture our young families are going to be but they wrote an IOU to the Social when people pass away they are not saddled with even more of a burden as Security trust fund. So in addition to taxed on something they have already we try to deal with this Social Secu- the deficit that Washington reports to been taxed on. And at the same time, it rity crisis that was supposed to be the American people, they do not tell sets aside the Social Security trust dealt with in the 1990’s. you that in addition to that they have fund money. Now if that sounds too I think it is inexcusable that we do taken the Social Security trust fund good to be true in a budget plan this not pass the Social Security Preserva- money. year, the important thing to under- tion Act. Again, the Social Security The real deficit this year is not $107 stand, as you, the American people, Preservation Act is very important billion. It is $107 billion plus the money and my colleagues out there in all the across all generations. Would it not be taken out of the Social Security trust districts they represent, the economy nice if there were really $1.2 trillion in fund or in reality about 172 billion. is stronger than anyone expected it the Social Security trust fund, and we I come from the private sector. I am would be. As a result of the economy had enough money there that we could a home builder by trade. I have to tell being stronger, there is more revenue go out and see our seniors and say, you, if we tried this in the home-build- coming into the Federal Government look, your Social Security really is ing business, not only would the banks than anyone anticipated. safe? Here is the passbook savings ac- reject our argument; I would be locked Our budget, in a nutshell, accepts the count, here is the savings account to up in jail if I took the money that was President’s Medicare proposals or at make sure you are going to get your supposed to be set aside for pension least the numbers that he has proposed Social Security check? Then we could funds for my employees, spent it on and Medicaid and other mandatory but begin the discussion of going to our other programs and put IOUs in their it throws out all of the new Washing- young people and say, would you rath- pension funds. It would be illegal in the ton spending ideas in the President’s er do something other than pay into private sector. It should be illegal here plan. It throws out all the new Wash- the Social Security system? in Washington, DC. That is what H.R. ington spending ideas, in all fairness, b 1715 857 is all about. It makes this illegal. in the Republican plans as well. Because, you see, if the savings ac- Mr. Speaker, when people in Wash- Mr. Speaker, our budget plan is very count was there and we could genu- ington talk about balancing the budg- straightforward. We can balance the inely go to our seniors and tell them et, virtually all of America has now budget, set aside the Social Security their account was safe, we could then heard that the people in Washington money and we can do it if we simply go to the younger people and ask them are going to balance the budget by the say no to new Washington spending. if they would like to do something dif- year 2002. Virtually everybody in When Washington saw these additional ferent. America has heard that that is going revenues coming in because the econ- Very interesting thing happened the to be done. I think it is real important omy was doing so well, Washington last couple weeks in my own family. that we understand what Washington is again did the Washington thing. They My 8th grade son went out and mowed talking about so we fully comprehend looked for ways to spend that revenue lawns this past summer. He earned 900 what Washington means when they say and they proposed new spending pro- bucks mowing lawns this past summer, they are going to balance the budget grams. So instead of looking at this and it came tax time, April 15. I said: because what Washington means by a chart and saying, we need to set that Matt, you have to fill out a tax return, balanced budget and what people in Social Security money aside, instead of you earned 900 bucks. Wisconsin mean are two things dif- doing that, they came up with new It turns out he did not really owe any ferent entirely. ways to spend the money. Under our Federal taxes for anything except So- When Washington says they are budget plan, we simply say no to new cial Security. And when his tax return going to balance the budget, what they Washington spending programs, and in came back to him, his Social Security mean is they are going to get rid of fact we can then get to balance with- tax, being that he was self-employed, this blue area; that is, they are going out using the Social Security trust for earning $900 was over 120 bucks. So to get rid of that $107 billion debt. So fund money. my 8th grade son was asked to pay $120 let me make this as clear as I possibly One more thing that our budget does into the Social Security system, and he can. When Washington, DC. says they is very different than any other plan in has no hopes whatsoever of seeing that are going to balance the budget by the Washington. After we get to a balanced money back. year 2002, what Washington, DC. actu- budget, we cap spending growth at the The Social Security Preservation Act ally means is they are going to go into Federal Government level at a rate 1 needs to be passed. It is a fairness situ- the Social Security trust fund, take percent below the rate of revenue April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1861 growth. Revenue grows because of in- sistance that she paid into for so long I said to him: I have some very bad flation and real growth in the econ- and somebody that has parents and in- news for you. Not only could that hap- omy. We cap spending increases at 1 laws that are coming of age where they pen in America, that is happening in percent below the rate of revenue are depending on a solvent system, this America, and unless we get disciplined growth. What this does is create a makes too much sense. it will continue to happen in America. small surplus. If you are at balance, How can we continue to steal from The one number I gave him that I revenues go up by 5 percent, spending the Social Security trust fund money think carried the day in that debate goes up by 4 percent; that creates a that they paid into the fund simply to was the number 89 percent. That num- small surplus. That surplus is used to balance the books, so called, balance ber comes from BOB KERREY, a Demo- start paying down the Federal debt be- the books? Balancing the books the cratic Senator’s independent commis- cause, you see, even if we get to a bal- way Washington defines balancing the sion on entitlements back in 1994. The anced budget, we still have a $6.5 tril- books. This is a real crisis. You hear so conclusion, using independent num- lion debt hanging over our heads. many people making complaints, bers, using Congressional Budget Office In our budget plan, we would lit- yelling back and forth. numbers was this: that if we continue erally pay off the debt so we could pass We had a shameful episode over the down this path of tax and spend, tax this Nation on to our children debt free past few years regarding certain people and spend, tax and spend, that our chil- by the year 2023, and then think what trying to scare senior citizens for their dren, your children, I have seen them, own political gains but it comes down that means. That means instead of my children, my 9-year-old boy, my 6- in the end to numbers and to demo- going to our families and collecting year-old boy will be paying a tax rate graphics. There is a saying that cir- $600 a month to do nothing but pay the of 89 percent to the Federal Govern- culates around now that says demo- interest on the Federal debt, we would ment by the year 2025 when they are in graphics is destiny. With the case of not need that money anymore. We their thirties. Barely my age, they will Social Security, that is the case. Back could instead go to our families and be paying 9 out of $10 in taxes. in the 1950’s, we had 15 people working say, keep that extra money. Go ahead. Mr. NEUMANN. I was in an appro- for every one person on Social Secu- Put it away for your kids for college. priations meeting today. I heard time rity. Today we have four people work- Go ahead, put it aside if you want your and time again how we need to do this ing for every one person on Social Se- or that or the next thing to help the kids to go to private school, go ahead curity. Twenty-five years from now, children of this Nation. send them there. Here is the $600 a there is going to be one person working I just point out that, if we do not get month that you were paying in interest for every one person on Social Secu- to a balanced budget, if we do not do on the Federal debt. rity. So we need to save every cent of This can all happen. It is not far- what is right to stop this growth of this surplus. If we do not, the con- fetched. In fact, under that pay-off-the- debt, the opportunities for the children sequences are going to be absolutely debt plan, spending at Federal Govern- of this Nation are going to go away. detrimental. The most important thing we can ment level would still go up faster than A lot of times you throw numbers possibly do is make sure that we do get the rate of inflation. A lot of my col- around like this and you throw charts leagues do not like that, but the re- around like this, and it makes sense to to a balanced budget so that the gov- ality is even with spending going up us; but I have had a couple people come ernment is not taking all of this money faster than the rate of inflation at the up to me lately and tell me what all out of the private sector that should be Federal Government level, we would this means. One person came up telling out there to keep the money supply pay off the debt so we could have mas- me what the huge Federal debt means available so interest rates stay down. And make no mistake about it. I no- sive tax cuts. It is not only the tax to us and adding onto that debt, what cuts. That puts more money available that is going to mean to us. ticed in a newspaper on the way out out there in the private sector. More They told me that they had figured here this week, the headlines, two sec- money in the private sector means out that, if you made a million dollars tions, headlines were good news about looser money supply. Looser money every day from the day that Jesus the economy because the deficit was supply means lower interest rates. Christ was born until today, a million down. When the deficit is down, they Lower interest rates means our fami- dollars every day, you would not make do not take as much money out of the lies can afford to buy houses and cars. enough money to pay off the Federal private sector. When the Government And of course when they buy houses debt. A million dollars every day for is not confiscating that money out of and cars, that means other people have 2000 years. And then they got their cal- private sector, there is more money to go to work building the houses and culator out again and continued cal- available out there for people to bor- cars. culating. And they said: And then we row. And when there is more money In Janesville, WI, there is a General figured out that, if you made a million available, the interest rates stay down. Motors plant where we assemble dollars every day until the year 14,000 When the interest rates stay down, Suburbans and Tahoes and Yukons. A.D., made a million dollars every day people can afford to buy houses and That is extra jobs for those people be- for 14,000 years, you still would not cars. This is what we need to do for our cause of the interest rates down and make enough money to pay off our children. people can afford to buy those cars Federal debt. When the interest rates stay down that are being made. So it is a com- Mr. Speaker, and still we have people and people buy those houses and cars, plete picture here of how we can re- coming to this floor every day telling that means that there are job opportu- store this great Nation of ours. It can us what a great job we are doing in bal- nities for young people right here in be done. It should be done. I just sin- ancing the Federal budget and that the the United States of America, not the cerely hope that the folks in Washing- budget negotiations that are going on Government stepping in to take care of ton have the nerve that it takes to fol- now are so difficult and we are doing our children but rather our children low through on our commitment from such heavy lifting. Yet they are not having the opportunity to get a job and 1994 to the American people. doing anything. They are not doing the opportunity to get a promotion and I yield to the gentleman from Florida anything that is going to address how to create a better life for themselves [Mr. SCARBOROUGH]. we keep Social Security solvent, how and their family. Mr. SCARBOROUGH. Mr. Speaker, I we keep Medicare solvent, how we keep That is what this ought to be all thank the gentleman for talking on Medicaid solvent, and how we prevent about. It is about whether or not the this important issue. In just listening our children from paying a tremendous next generations of Americans are to it, it sounds too good to be true. It debt. During the campaign I talked going to have the opportunity to live sounds too easy to be true but actually about this. And my opponent acted the American dream. It is about wheth- it is not. You look at the numbers and outraged saying: How dare you try to er or not we in our generation are they actually all add up. With some- scare children, how dare you try to tell going to be able to fulfill our commit- body that has a grandmother that de- them that we are depriving them of ments to our seniors, my parents, your pends on Social Security, that depends their future. That would not happen in parents. It is about whether we fulfill on Medicare, that depends on the as- America. those commitments to our seniors. H1862 CONGRESSIONAL RECORD — HOUSE April 24, 1997 Most important, I have to say, it is People in Wisconsin do not mind Let me tell my colleagues that where about our children and our grand- helping them, but when we are doing I come from a radical is somebody who children. It is whether or not there are that, is it right that we take our chil- believes they can spend more money going to be American job opportunities dren’s money to help them, or would it than they take in, that a spending infor those kids when they reach the age be more fair to take money from our crease is called a spending cut, and where they are making a decision on generation and help them? And we can that a spending cut actually amounts where they are going to go. do that by going to other parts of the to a spending increase. And we heard In this day and age we live in, you budget and reducing spending else- all three of those arguments last year can get from here to Japan or China, where in the budget so we can help the when we were told that a 7-percent in- anywhere else in the world in a rel- flood victims. crease in entitlement programs were atively easy manner on a plane. Those But that is not the decision we are massive cuts, when we were told that kids are going to have the opportunity making in Washington. What we are eliminating entire Cabinet agencies to go elsewhere in the world. If we doing in Washington is saying, forget would actually drive up the debt. mess this up to a point where it is not it, we will add to the debt the kids will I mean this was logic from people affordable for them to live here in the pay. We cannot keep doing that or the that have lived in never-never land for United States, they are going else- debt will get worse and the problem too long, and it was Alice in Wonder- where. Because kids are dynamic. This will compound itself to a point where land-type reasoning and the type of is a dynamic Nation. And for genera- we cannot deal with it any more. reasoning that we came here to change. tions there have been entrepreneurs That is a decision being made next Mr. NEUMANN. I was going to men- that have built this great country of week, and I sincerely hope my col- tion to the gentleman, he was talking ours. leagues will join me in our efforts to about the values passed on to him by And if we mess this up to the point make sure that rather than simply say- his grandmother and this concept that where the tax rate is 89 percent of all ing the flood victims need help, we a debt is an inappropriate thing as one of their earnings or to a point where have to help them, let us do it so that goes forward. This is more than an interests rates are so high they cannot we will have our children pay for it; issue about numbers and whether we afford to buy a house or car, they will that instead of that, they will say the need to pay down the debt or balance be in a different country and they will flood victims need help, let us do it, the budget. It is an issue about morals, raise our grandkids somewhere else here is a less important Government and it is one of many moral issues fac- other than America. program that we can cancel to help pay ing America today. When a generation concludes that it b 1730 for the flood victims. is all right for them to spend the next That is what this is about. It is about That is an entirely different concept. Right now we are intending to go to generation’s money, we have more getting our financial house in order so than a numbers problem, we have a our children have the opportunity to our children and say let the children pay, and that is just absolutely wrong. moral crisis facing America today. And live the American dream. this is just one part of it. The moral Mr. SCARBOROUGH. And if the gen- Mr. SCARBOROUGH. I know that as a businessman, as a father and as a crisis facing our Nation is even bigger tleman will continue to yield, the gen- than what we are looking at here tleman talks about children, and I husband, there have been times when the family, we have put our families today. know he has seen and I have seen and I would go into one other area, but around the kitchen table, and I remem- others have seen people pile on to the first I want to yield to my good friend ber my parents did it when I was grow- floor over the past 3 years since we from Minnesota. I would mention, how- ing up, we do it at our home, and we came here in 1994 and they talk about ever, that my son is filling sandbags look at the family finances and say, children. And Washington is great. Any over in part of the gentleman’s dis- gee, we have these two credit cards and time somebody has a program that trict. I was just commenting that one we are spending more money than we they cannot pass on its merits, they of the districts in the gentleman’s dis- can afford to spend on the credit cards. put on the children’s tie and they come trict was flooding and how important And not only is it how much we are out and start talking about how much it is that we handle this issue properly they love children. charging on the cards that we have to here in Washington. It seems to me that some of the peo- pay back, but it is the interest that Mr. GUTKNECHT. Mr. Speaker, I ple come to this floor so much talking keeps accruing, and we come to a deci- thank the gentleman for yielding. I about how much they love children, sion as mature, rational middle-class just came from a meeting with our and they love children so much that Americans and we say, OK, listen, we Governor and the rest of the Minnesota the first pockets that they go to to pay are going to have to pay down these delegation to talk about what has been for their new Federal Government credit cards. We will have to cut a cou- happening in our State. I think we all, plans are our children’s pockets. We ple of them up, and we are going to from both sides of the aisle, and wheth- can make no mistake of it, they are have to spend only as much money as er we calls ourselves liberal or conserv- reaching down into the pockets of my we bring in. atives, recognize that there is a need, children, the gentleman’s children, I remember looking at the wonderful as the gentleman from Florida a few children from across America, and they example of my grandmother, who re- years ago can attest, when the hurri- are stealing more money from the cently passed away, lived 93 years, and cane came through southern Florida. pockets of our children. she raised a family of six in the Great In some respects, my district has That may sound a little bit blunt, Depression. That work ethic, that be- been spared all but just the edges of but it is the truth. We have already lief that one should never go into debt the serious flooding, but the folks up in stolen, this body over the past 40 years because there are disastrous con- northwest Minnesota, it is a devastat- has stolen $5.6 trillion from future gen- sequences, that ethic was passed on to ing thing to have entire cities literally erations, and it is future generations my parents, who passed it on to me, under water. And it is the kind of situ- that will have to pay that bill after the and I am just wondering when that ation where who would have ever pre- gentleman and I are retired. ethic is going to infiltrate Washington, dicted that a relatively small river like Mr. NEUMANN. Reclaiming my time, DC. the Red River would be 25 feet above I would say to the gentleman that we We thought in 1994 that the American flood stage. are about to do more of it. The supple- people had sent a message, not a radi- So I think that we are going to do mental appropriations bill, and I men- cal message, because radical, radical is what we can to make certain we get tioned this earlier in the hour, is for a a funny word. We were called radical the aid that we can to those people to legitimate purpose, to help flood vic- because we believed in this: We be- begin to rebuild the infrastructure in tims, those folks in North Dakota. lieved that Washington should only those areas, but I think there is also a They have a problem with the flood. It spend as much money as it took in, and new ethic in this Congress, that we is real and it is genuine, and there are for that we were called radicals. We should figure out a way to help pay for other people around the country that were called extremists. We were called that as well out of this budget. That is have real problems. reactionaries. going to be tough. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1863 I know that the gentleman is doing Many people in America do not real- this country $500,000 by pushing our what he can on that front, because I ize this, but there are literally people own elevator buttons for automatic think there is a different ethic, and we that sit in the elevators and push the elevators. will have to say that some projects will buttons so that Members of Congress Let me take it a step further. I cer- have to be delayed because this is a do not have to push their own elevator tainly hope I do not make some fellow much higher priority project. buttons. So my suggestion was, why do Members uncomfortable, but we had I also want to, if I could quickly, talk we not take the money that we are quite a showdown a couple weeks ago about, and it is not just the people in using in those salaries, and those folks because we believe that this Congress my area, but I think this is an ethic of can be reassigned. I know them and should abide by the same rules that Americans all across our country. My they are very capable and responsible middle-class Americans abide by; and if wife told me that about 36 hours ago people, and they can easily be reas- you do not have money, if you are $5.4 now one of the radio stations in my signed elsewhere as people retire, and trillion in debt, then you do not raise district announced a program to try to so on, to fill the place of people who the spending for your own committees raise some money for the folks up in are retiring. So we take those folks and for your own appropriations. the Red River Valley and they set a that were sitting in the elevators, That is going to be a pitched battle. goal of raising $10,000. I think my num- Members of Congress are perfectly ca- I have seen some reports in the paper bers are correct, that within 24 hours pable of pushing their own elevator today that I know have to be inac- they already had pledges and cash to- buttons, and they take that salary curate that talk about how our leader- taling over $21,000. I think that is going money and apply it to offset the cost of ship is actually going to some of the to happen all over the upper Midwest. helping the flood victims. most liberal Members in this House in And we are demonstrating that charity Now does it not sound reasonable to trying to strike a deal because they are begins at home and that we will find my colleagues that instead of spending so desperate to get committee funding people willing to help out. I think that the money on elevator operators that increased that they would rather deal is a great thing. we would help flood victims instead? with those that spin us into debt for In the bigger picture, I do not think And does it not seem reasonable that the past 40 years instead of talking to we should say, well, this is a new pro- instead of passing this debt on to our those of us who believe that one only gram, we will just have to add more children and simply going, let the kids spends as much money as one takes in. debt to our grandchildren. There are pay, spend now, pay later, instead of I know that those news accounts are certainly projects still in the Federal letting the kids pay that we find things inaccurate. I have full confidence in it. budget that are going to be delayed, like the elevator operators that we can I know that our leadership is going to that should be delayed in order to pay do without? come back here and they are going to for this, and we hope that we can figure Certainly, Members of Congress, if say, if we want the American people to out ways to offset that spending as they figured out how to get elected, are only spend as much money as they well. perfectly capable of figuring out how to take in, then we are going to live by And I thank your son for being one of push the elevator buttons. I have great those rules ourselves, that the ethic those who are volunteering on the confidence. I say that tongue in cheek, that got us through the Great Depres- sandbag lines. Literally there are thou- but the reality is I know that we do not sion, the ethic that got us through sands of volunteers from Wisconsin and have to spend $500,000 a year of the tax- World War II, that made America the Minnesota, the Dakotas, and all over payers’ money on this particular topic last great hope for this dying world, the upper Midwest helping those people in Washington, DC, and that money that we will live by those same rules. save their homes. could be applied to help the flood vic- Mr. NEUMANN. Reclaiming my time, Mr. NEUMANN. I want to mention, tims rather than simply saying we are is it not nice to have confidence in the and we have talked about this a little, going to spend the money, let the kids Republican leadership to know that how this is really a tough dilemma, be- pay. Republicans do not stand for increasing cause on one hand we have flood vic- Mr. GUTKNECHT. If the gentleman the size of Washington committee tims who are truly in need of help, and from Wisconsin [Mr. NEUMANN] would staffs; Republicans stand for making on the other hand we have the respon- yield, I think that there are plenty of Washington smaller and less intrusive sibility to the future generations as examples. The gentleman from Wiscon- in our lives? well as to our senior citizens to make sin has illustrated one. But I think per- So certainly, Republican leadership sure we are able to fulfill our commit- haps even to the point, we are paying is not going to bring us a bill with a ments to seniors and to Medicare and to rebuild villages and countries all 141⁄2-percent spending increase. Repub- also our commitment to our future over the world; and I think this is one licans stand for getting to a balanced generations to not leave them with a example where we probably have got to budget. That was our issue a long time debt so big they are paying 89 percent rebuild some of our villages and our ago. We really do mean that we want of their total income in taxes. cities first. to get to a balanced budget. So what do we do in this type of di- It really is a matter of priorities. I So I know that our Republican lead- lemma? I will give my colleagues an applaud the Committee on Appropria- ership is not going to allow a bill to example, because this occurred today. tions for what it is doing, but I do not come to the floor of the House that In the Committee on Appropriations think we should get away from the spends now and passes the spending meeting I suggested that rather than basic goal of balancing the people’s debt on to our children, the spend-now- simply saying let the children pay, or books. Partly, as the gentleman says, pay-later plan of spending $4,900 mil- do a spend-now-pay-later kind of idea, it is a moral issue. It is not just an ac- lion of our children’s money. where the children literally get this counting exercise, it is about preserv- b 1745 $4.8 billion, $4,800 million passed onto ing the American dream for our kids. their backs, that what we do is this: Every time something comes along I know our Republican leadership un- We, as Members of Congress, make a where we say we want to balance the derstands that we have to go elsewhere commitment, and our commitment is budget but, we would balance the budg- in the budget and find wasteful spend- this, and do not laugh when I say this. et but, we have just got to eliminate ing to offset this new spending for a le- Rather than have elevator operators, those ‘‘yes, buts.’’ gitimate reason. who sit in elevators and collect tax dol- Mr. SCARBOROUGH. Mr. Speaker, I Mr. SCARBOROUGH. If the gen- lars, push elevator buttons for us as we heard the gentleman from Minnesota tleman will yield, of course, they would travel from our office buildings to the [Mr. GUTKNECHT] say that charity be- have to. Because how could one say on House floor to vote, that rather than gins at home. I believe that the ethic one hand, we have got to balance this use the salaries for them, instead of that the gentleman was talking about budget, we have got to get by on less, asking our children to pay, we no and that my colleague, the gentleman we have got to freeze discretionary longer have elevator operators push from Wisconsin [Mr. NEUMANN], is talk- spending, and then turn around and in- the buttons as we travel from one place ing about also begins at home, that we, crease your own budget by 15 percent? to another in this community. as Members of Congress, should save These are some very intelligent people, H1864 CONGRESSIONAL RECORD — HOUSE April 24, 1997 and I have confidence that the same tiating with the President. Obviously, lion over that 10-year period of time. I, fire that brought this party to a major- we negotiate with the Senate also. Let for one, would just take the oppor- ity in 1994, the same visionary leader- me just say this: This is something tunity when you mention priority and ship, the same visionary courage that that gets lost in all the discussions spending to work again to dispel the had men and women across the country about the budget. myth that somehow defense spending is saying we will live by the same rules The Constitution says that this body, the cause of the problem. that middle-class Americans live by, the people’s House, as the Speaker In fact, defense spending has dropped that sounds so simple in Washington, says, this body that is closest to the over the last 10 years in either real dol- DC. I know they are not going to back people has the checkbook. And so we lars or actual dollars coming out of the down now. Because to do so would be have to stop pointing our fingers at the checkbook. I think it is important, be- sending a dangerous message, and I Senate, we have to stop pointing our cause the threat is growing around the know they are not going to do that. I fingers at the White House, and we world. We do need to maintain our de- am glad to be a member of a party that need to recognize that we have the fense. has such courageous leadership. checkbook, that all spending originates Mr. SCARBOROUGH. If the gen- Mr. NEUMANN. I yield to the gen- here, all bills that have anything to do tleman will yield quickly, a couple of tleman from Minnesota. with spending originate here, and so we quick numbers. We are spending less on Mr. GUTKNECHT. To change the have the ultimate responsibility. defense today per ratio of how much we subject slightly, there was a Pepsi We have got to take personal respon- have at any level since 1939, before commercial that used to say life is a sibility for that instead of turning and World War II and Pearl Harbor. The series of choices. And really Congress whining about how the Senate mod- dire consequences are these: We have is about making choices. We may have erates everything or how the White enlisted men and women who are on to have some different priorities. It House is addicted to spending. Whether food stamps. We have promises that are may mean that we will have to delay that is true or not is completely irrele- being broken to our military retirees the purchase of some of the B–2 bomb- vant. We have the checkbook in our and our veterans. We cannot sustain ers. It may mean that we are going to hand. If we have a checkbook in our the continued cuts unless we want to have to pull our troops out of Bosnia hand and our children come up and say face dire consequences in the 21st cen- sooner because we simply cannot afford they want to spend money on Nintendo tury. $2.5 billion a year to keep troops in a games or they want to spend money on We have to be concerned about a sys- country that may or may not ever be a trip this summer, they want to go to tem that allows men and women that at peace with itself. Disney World, if we do not have the are protecting this country to live on There are a lot of choices that we are money, we have the checkbook in our food stamps. The quality of life right going to have to make in this Congress, hand, and if we go ahead and write a now for men and women in the armed and they are not easy choices, but I bad check to our children just because services is absolutely dismal, at its hope that we will not say to people, we are afraid of the consequences, then lowest level ever. whether it be in Grand Forks, ND, or we have no moral courage and do not Mr. NEUMANN. I would just add in East Grand Forks or some of those peo- have the moral fiber that we have to the defense area that defense is not ple who really are suffering that we are have to make the tough decisions. We above wasting some money either and not going to help you. need to always remember that. Unfor- certainly is subject to our review as we I really do think we have to help tunately, it seems to me at times that find areas of waste within defense so those people, but then we have got to Congress has forgotten that. make the tough choices. And as I think Mr. NEUMANN. There is one thing that those dollars can be reallocated what you are saying is, Congress has the gentleman from Minnesota men- and better spent for the defense of this got to lead by example as well. We are tioned; priority spending. There is kind Nation. going to have in the next several weeks of a myth going on out here in Wash- Mr. GUTKNECHT. If the gentleman a number of tough choices. I would ington D.C., and I noticed it at our will yield, I would make this point as hope that within 2 weeks, this House town hall meetings, we just held about well. We heard a lot about when we will have on the floor a budget resolu- 20 of them. The myth has really pene- won the cold war, and frankly, I think tion which will be the blueprint. Hope- trated to the public that they believe sometimes we are too timid to say, we fully, it will be an agreement between defense spending has gone straight up won the cold war. The military buildup the White House and the Congress. And and very, very few people in this Na- of the 1980’s was perhaps, in my opin- there are negotiations going on, and we tion recognize the fact that defense ion, one of the greatest investments in hear rumors that one day they feel like spending has actually dropped, in ac- the history of human beings because they are close, the next day they are tual dollars spent, dollars written out we literally won the Third World War, far apart. We really don’t know, and of the checkbook from $300 to $266 bil- the cold war, if you will, without firing they have been very tight-lipped about lion a year from 1990 to 1996. a shot. It was because of the buildup. what exactly the terms and conditions In real dollars, it has gone down even Now, we are seeing some of that peace are that are on the table. more. In real dollars, that is dollars ad- dividend. But we hope there will be an agree- justed for inflation, it is comparable to Real defense spending has dropped by ment between the White House and the a drop from $325 to $242 billion over over 30 percent in the last 5 years. A Congress on a budget resolution. But that 6-year span of time. lot of people talked about the peace even if there is not, this House is going The other thing that is out there dividend. But I think most of us would to have to pass a budget resolution kind of as a myth is that with this de- agree that that peace dividend ought to very soon and it is going to mean some fense spending increase, and we are go to our children rather than go into tough choices. We are not going to turn cutting all these other areas in Govern- even higher domestic discretionary our backs on people, and particularly ment. Well, the reality is that is not spending. Unfortunately the gentleman Americans who are desperately in need true, either. The reality is these other from Wisconsin is absolutely right. and then say to other countries and areas called nondefense discretionary What we have seen is dramatic in- other people around the world, well, spending have risen dramatically from creases in domestic discretionary sure, Uncle Sam will be there to bail $165 billion in 1986 all the way up to spending along with entitlements as you out. $268 billion 10 years later. So over a 10- defense spending has come down. But So we are not going to turn our backs year period of time, it has nearly dou- let me just say this, too, and I think on those people who are suffering in bled, in spending in these other areas this is an important point, and we the United States and continue to pro- called nondefense. should have a healthy debate about vide unlimited foreign aid to some of Everybody blames Social Security how many B–2 bombers we really need. these other nations. and Medicare and all of that stuff for The gentleman from Wisconsin may Mr. SCARBOROUGH. If the gen- rising too fast. The reality is it is not disagree with me and the gentleman tleman will yield, he brings up a good just there. It is these other programs, from Florida may disagree with me, point. We talked about Congress nego- too, that have gone up by over $100 bil- but I think we probably have enough April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1865 B–2 bombers. But let us have that de- Chicago said, ‘‘Make no small plans.’’ I and at the same time looks past the bate. Even within the Defense Depart- think we need a big vision, and I think year 2002 to 2003, 2004 and beyond, looks ment, whether or not we need to move the vision should not be just to balance at paying off the Federal debt so in- ahead with some of the other new the budget by the year 2002. I think the stead of taking $600 a month from our weapon systems or if they can be de- real vision and the real goal ought to families of five in America, that in- layed. We live in a relatively safe be to pay off that national debt. As the stead of doing that to just pay the in- world. I do not want to cut defense ir- gentleman says, and I certainly agree, terest on the Federal debt that we can rationally, but on the other hand I do I can think of no better thing to leave look at the families keeping that not think any area of the budget our kids than a debt-free future. We money, using it for education, using it should just be rubber-stamped by this have an opportunity to do that if we for things that are so important in our Congress. As I say, we have got to set will exercise the discipline this year families in America today. priorities and clearly at this point in and every year. As we have said before, We do have a big vision for the future time one of those priorities has to be balancing the budget is not something of this great Nation we live in. It in- people who are hurting in disaster you do next year. Balancing the budget cludes a balanced budget, it includes areas such as northwest Minnesota. is something you do this year. It is protecting and preserving Social Secu- Mr. NEUMANN. We are nearing the something you do every day. That is rity and fulfilling our commitment to end of the hour that we have reserved why as we look at this supplemental our seniors in Medicare. It includes let- to us this evening and I thought I appropriation, I hope that the gen- ting the American people keep more of would bring the discussion kind of back tleman is successful in the Appropria- their own hard-earned money. There is to where we started, and that is this tions Committee to make certain that just no reason not to look past that picture that shows the growing debt we set those priorities, that we rear- and look to the big picture and say, facing this Nation of ours and maybe range some of the budget so that we yes, we can pay off the Federal debt talk a little bit about an issue that is can take care of those people who are and, yes, we can get to a point where very important, that is probably not hurting and needing in certain areas of our people do not need to pay $600 a now coming to the floor of the House our country and still stay on that glide month to do nothing but pay the inter- but we hope it does in the future, and path to balancing the budget. est. Let our families keep that money that is the balanced budget amend- Mr. NEUMANN. Would the gen- in their own pockets to spend in the ment. I have had a lot of people in our tleman not say that is also true of the way that they deem most appropriate town hall meetings again asking me Social Security issue? The issue where instead of sending it out to Washington the question, ‘‘Do we really need the the Federal Government is collecting to do nothing but pay the interest on balanced budget amendment?’’ I have out of paychecks about $65 billion more the Federal debt. been asking those people back when than it is paying back out to seniors I see a very bright future for America they ask me that question, I just point and that that money is supposed to be because if we manage to implement to this chart and point to the growing set aside in the savings account but these sorts of plans, that means the debt, and then I ask them, if we did Washington is instead spending that Government is going to quit borrowing manage to get to a balanced budget in money? Is that not a day-to-day strug- the money out of the private sector, 2002 and let us be optimistic and say we gle also to prevent Washington from leave the money in the private sector. got to a balanced budget without using spending that money? When there is more money in the pri- the Social Security trust fund money, When Washington talks about get- vate sector, that means the interest we got Washington to stop spending ting to this balanced budget in 2002, we rates stay down and when the interest the Social Security trust fund money, cannot accept getting to the balanced rates stay down that is a bright picture we got the job done. Do you really budget by going into the Social Secu- because then people can afford to buy think that in 2003 they would balance rity trust fund and taking that money houses and cars and all the other the budget again? Or do you think we out, taking $104 billion out of the trust things that they do when the interest would go back to our old ways? And fund, putting it in the checkbook. That rates are low, and that means some- even if we managed to do it in 2002 and is not good enough. That is not really body has to build those houses and 2003, how long would it take before a balanced budget. Is that not what build those cars and that is job oppor- they went back to their old ways of this fight is about day to day out here tunities for the young people in this this growing debt? to stop Washington from spending that great Nation that we live in. These are That is why a balanced budget Social Security money, get us to a bal- our hopes and dreams for America’s fu- amendment that has failed by one vote anced budget but do it the right way ture. God bless you all. three times in the Senate of the United without using the Social Security trust f States is so important. I hope on the fund money to get there? Are those not other side they decide to bring it back the battles that we are engaged in out b 1800 again and get another vote on it so here day after day after day in this RED RIVER VALLEY FLOODS that we have what Wisconsin already city? has in its constitution, a requirement Mr. GUTKNECHT. We are certainly The SPEAKER pro tempore (Mr. that we do not spend more money than in a wonderful position. We are given a MICA). Under the Speaker’s announced we have. It is not about a balanced golden opportunity. We are at relative policy of January 7, 1997, the gen- budget. It is about our children’s fu- peace and relative prosperity here in tleman from North Dakota [Mr. ture and whether or not they can hope this country. If we cannot balance the POMEROY] is recognized for 60 minutes to have a future in this great Nation of budget and save Social Security now, I as the designee of the minority leader. ours. Without a balanced budget do not know when we will. Mr. POMEROY. Mr. Speaker, my re- amendment even if we manage to get Mr. NEUMANN. I thank the gen- marks tonight have nothing to do with the job done by 2002, we have those tleman. I would conclude tonight with political party or political ideology. In after years, 2003, 2004, 2005, 2006, and so a very optimistic picture for the future fact it has rather to do with something on to worry about. Fixing the problem of this great Nation that we live in. We much more basic than that, disaster of temporarily by 2002 is not going to have it within our grasp, within our an unprecedented character that has solve the long-term problem without means, within our understanding to do inundated the second largest city in the balanced budget amendment to the what is right for the future of this the State that I represent, the State of Constitution. country. We have laid out a plan that North Dakota, and caused hundreds of Mr. GUTKNECHT. As I have said be- gets us to a balanced budget by 2002, millions of dollars of damage up and fore, and one of the things I really like lets the American people keep more of down the Red River in light of the dis- about the budget plans that the gen- their own hard-earned money, sets astrous floods we continue to experi- tleman and I have worked on, and aside the Social Security trust fund ence. During the next few minutes I frankly the gentleman from Wisconsin money that estops Washington from want to brief my colleagues about what has done a lot more of the work than I spending the money that is supposed to brought this about, what weather cir- have, but as a famous architect from be in the Social Security trust fund cumstances were out there that caused H1866 CONGRESSIONAL RECORD — HOUSE April 24, 1997 flooding of this unprecedented char- Now we thought we were ready for we prepared for a height of this mag- acter. the floods that we knew were to come. nitude. It is by a factor of several feet Mr. Speaker, I want to tell my col- The Weather Service had given us early the highest flood ever reported in leagues of the preparations made to forecasts predicting severe flooding Grand Forks, ND, and they did not fight the flood, because I think it is im- and giving us specific numbers that al- have the dikes constructed to the level portant that they understand we did lowed the Corps of Engineers to begin to deal with it. Frantic and truly he- not just sit and give way to the river. the work on the dikes for these cities roic efforts made in the final hours of In fact, this is only the final stages of literally weeks earlier than had ever the fight to get the levees up with the what had been a heroic several-week been attempted before. By the time we rapidly increasing height to the river period of frantic effort to beat these came into the month of April, millions unfortunately were unsuccessful. waters back. I want to tell you, sadly, of dollars had been spent elevating the The general river flows in Grand about how the battle for Grand Forks levees and getting them ready for the Forks normally run at about 5,000 was lost and how the city has now been flood water that we knew was to come. cubic feet per second which is how they totally inundated and the consequences General Furman, the head of civil measure river flows. The water flowing of it. I want to bring you up to date in works for the Army Corps of Engineers, by Grand Forks today is 110,000 cubic terms of how people are coping with surveyed the preparations and indi- feet per second, 22 times the normal this disaster and assess finally where cated that he thought this represented rate of flow, which gives you a very we go from here. the very best advanced measure work good idea about the amount of water in First, what brought all this about? the Corps of Engineers had ever at- the Red River system that is funneling Well, this has been one winter for the tempted, the best effort to stop cities by Grand Forks and inundating that books in North Dakota. We are used to from flooding represented in weeks of city and threatening two cities to the tough weather, we pride ourselves on frantic activity, activity including the north, Drayton and Pembina, as the it, but this year we had an unbelievable movement of massive amounts of clay river crests continue to work their way series of first occurrences, more snow- and dirt in earthen levees at the city- north. fall than ever, worse blizzards than wide level and then, as individual Unfortunately the battle for Grand ever, a 50-year storm on April 8, only homeowners prepared, literally mil- Forks, as anyone knows who has seen now not quite 3 weeks ago, dumping lions of sandbags, an estimated 6 mil- the television footage, was lost. It is a more snow on already land that was lion placed in Grand Forks alone, put very flat city and the dikes were not just buried in snow. We had the first in place bag by bag by bag, with the capable of being lifted to the final ele- Presidential disaster declaration issued countless hours of hundreds and then vations the floodwater required. As the statewide for a snow emergency. thousands of volunteers. dikes gave way and the streets in the Now very unusual to have a snow The floods impacted in particular the lowest lying parts of town began to be emergency, but in this circumstance Red River Valley and caused us the inundated, they flooded also the city’s we literally could not deal with the most severe flooding that we have had storm sewer system. A storm sewer volumes of snow on our roads that were to deal with, and the Red River is system very efficiently takes runoff water from city streets to the river impeding access, critical access, to somewhat unique in North Dakota; it when the river is at its normal ele- medical facilities and the like for the flows north. This is an unfortunate vation, but in this flat city when the citizens of North Dakota, as you know character for a river in the north coun- river is at an elevation that is higher many scattered about on the farms and try because you take water in the than the city streets, it just as effi- south and you send it into ice in the remote smaller towns across the State. ciently transfers the water from the north before it is melted, frequently re- We needed more help in keeping our ac- river throughout the neighborhoods. sulting in ice jams and exacerbating cess to the facilities, and that is why That is why only 1 in 10 of the flood the flooding problem. All up the Red as we coped with the snow, the Presi- victims in North Dakota had flood in- dential declaration issued statewide River Valley the cities have had prob- surance. The great majority was well had become acquired. lems; Wahpeton having their crest outside the 100-year flood plain, but I think that we would have been OK occur literally in the height of that water came charging through the but for the blizzard of nearly 3 weeks April 6 and 7 blizzard, people enduring storm sewers and bubbling up through ago. The meteorologist tells us that ice and snow to place urgently needed the manhole covers on every corner this storm alone was a 50-year event, sandbags in dikes that were just about slowly but surely inundated virtually worst storm in 50 years. to give way. Wahpeton fared relatively 90 percent of the city of Grand Forks. So you take a situation where the well through the flooding crests that There were some very dangerous pe- land has been saturated with wetfall, they sustained. Unfortunately, their riods during the loss of the city of covered with more snow than we have sister city, Breckenridge, MN, did not Grand Forks. There were evacuations ever had in the history of recording fare as well, and there have been hun- occurring in the dead of night, people snowfall in North Dakota, and add to it dreds of homes flooded in that city. forced to leave their homes with the the worst blizzard in 50 years, and you North flows the river. As the problem possessions that they had on their had all the elements for a true disaster. eases in Wahpeton, the problem grows backs in advance of the flooding wa- As the snow started to melt, we for Fargo and Moorhead. Frantic ef- ters. Others had slightly more time. began to see in the rural areas just forts have saved most of those cities, I watched the Red River High School what we were up against. This picture although dozens of homes have been serve as an evacuation center, and I shows what we have seen across an lost in that fight as rural houses could will tell you it looked something like awful lot of rural acreage in North Da- not be protected and as urban ones in you might see out of a war zone. Peo- kota, standing water of flooding pro- some neighborhoods gave way. Ur- ple, evacuees from the city I know so portion and the small tributaries which gently constructed secondary dikes well coming flooding into the school carried it to the major river arteries prevented much greater flooding in and being routed on to schoolbuses and also flooding. As the floodwater went that area. sent to the shelter at the Grand Forks from the rural reaches to the larger Coming now to Grand Forks, cer- Air Force Base, all keeping them out of rivers, the flooding accelerated. tainly the greatest loss we have sus- harm’s way and the ever-rising waters. We began with the State really fol- tained in the flooding, the river run- The hospital for the city that had 200 lowing the blizzard of nearly 3 weeks ning now at 54 feet. That is over a flood patients, many of them critically ill ago, the April 6 blizzard, in a virtual stage of 28 feet and over a normal ele- and in intensive care, had to be evacu- deep freeze. In fact we had some tragic vation for that river of 16 feet. A river ated as their water system became pol- loss of life due to exposure the second that on a summer day is 16 feet deep is luted. People were med-evac’d to hos- week in April as the State coped with 54 feet deep as it rampages through the pitals throughout North Dakota and freezing temperatures and power out- neighborhoods of Grand Forks tonight. Minnesota. Fortunately all of that ages. As the weather warmed up, at This is several feet above the forecast. transfer occurred with no loss of life. last, and all the snow melted, the In fact, it is entirely possible that in- All of the evacuations occurred with no water really started to flood. undation would not have occurred had loss of life. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1867 The University of North Dakota, the try and across the world reflecting the building burned and destroyed com- largest university in North Dakota, a extent of the devastation that Grand pletely that newspaper. The commu- school of 11,000 forced 3 weeks before Forks, ND has had to cope with. nity, being desperate for news, contin- the end of the semester to just shut it b 1815 ues to benefit from the heroic efforts of down. The president of that university the Grand Forks Herald and its staff, indicated to the professors: Give your The loss is as comprehensive as it is and I really salute them for their ef- students the grades they have earned horrific. I mean, this is a God-awful fort. to date or give them incompletes, but scene, but just as God-awful is the fact Mr. Speaker, the community re- we are done with the semester, there that this disaster has touched virtually sponse to this disaster has really been will be no commencement, school is everyone in the community. I was overwhelming. The Grand Forks Air out, school is over, get your students there last weekend, and for an exam- Force Base, the major Air Force base out of town. ple, on a boat ride, as we toured the 13 miles out of town, has brought re- All of this occurred as the water rose, devastated downtown, the photog- sources to bear that have been critical and the next two charts I would show rapher taking pictures said, as we to our getting through this. They took you go to show you the dimensions, the passed the newspaper, I might get a lit- a massive three-bay hangar and turned depths of the water that especially the tle emotional here. I asked him why in it over as an evacuation center, hous- lower lying parts of town had to con- particular. He had lost 25 years of neg- ing up to 2,500 evacuees on cots; not tend with, yet again more than 90 per- atives in the fire at the Grand Forks very comfortable cots I know, because cent of the town ended up being inun- Herald, all of his life’s work reflected I slept on one Saturday and Sunday dated. in his negatives, all of them torched night in that shelter. But the hospi- This is a home that has been in the and left without one in that fire. tality, the friendliness, the support of water a day or two, and as you can see Later that afternoon I was on a encouragement provided by the men it is literally floating. Houses will street assessment looking at areas of and women of the Air Force working at float, and so these houses, a number of town that had not yet been evacuated that base was something to behold. the houses, will be totally wrecked as and the determination being made They have done a tremendous service they floated off their foundations, as whether or not they needed to be evac- and shown what an essential part of the one in the picture illustrates. uated. The policeman that was with me our community they truly are. This shows a line of cars, people on that assessment had already lost his Families throughout the region, both forced to leave their houses so quickly home, and the city attorney’s home in North Dakota and the Minnesota they could not even get their vehicles, was subject to imminent threat and side, have phoned into radio stations and those vehicles have been bobbing has now also been inundated. The with the most unbelievable offers you like toy cars and trucks on the streets mayor of Grand Forks, Mayor Pat have ever heard on the air: We have a as the water has so completely inun- Owens, a woman who has shown such home. We have room, we have a spare dated them, as you can see. tremendous character and courage in Just when we thought it could not the face of this disaster had, all the room, we will take a family. We have a get any worse it got worse. A fire broke while she maintained her public leader- finished basement. We will offer to out that ultimately claimed 11 of the ship, faced deep personal challenge. house a family for the duration, until major buildings in the downtown inter- She had a 92-year-old father that she they can get back into their home. section. This picture shows the first could not get to leave his house even Can you imagine in some of the areas building to go into flame. They believe though he was being flooded. He finally of this country people turning their the cause of it was broken gas pipes. I agreed to leave when necessary and homes open to total strangers for a pe- talked to a fireman that was down agreed to take his dogs along. Her own riod of time that is anything but cer- fighting the fire, and he says, you house, aside from worrying about her tain, but could literally run weeks, if know it is ironic, but a fireman’s best father, was also lost. not more than a month? Well, that is friend is water. Water is a critical ele- When I flew out Monday morning what happened in great number in ment we use to control fire. And yet we from Grand Forks, the people at the North Dakota. As a result, the number could not fight this fire because there Northwest Airlines ticket desk were of people having to spend the entire du- was too much water, too much water unshaven and unshowered, not surpris- ration of the evacuation period in that on the street to get our equipment ing, given the fact that there is no Air Force base has now dropped to down, and they literally dove under water in Grand Forks. They indicated under 300 as people find more com- water trying to locate hydrants to that to a person, the people at the fortable shelter with friends, relatives, hook up their hose, and when they fi- counter had each lost their homes. or these wonderful volunteers taking nally did get their equipment moved in Their families had been evacuated. But total strangers into their homes and rough proximity to the fire, got their they said it could be worse, we still into their families. hoses hooked up to the hydrants, the have employment. The mayor, I believe, put in perspec- city’s water system had been so badly The telephone company is the only tive what has happened to Grand damaged that there was no pressure for operating business in Grand Forks Forks. She said, we have suffered a dis- the water to fight the fire. Ultimately today, and it is operating because it is aster. Our hearts are broken, but we it was fought by air, Forest Service completely sandbagged. Crews are will get through this. It could be worse. planes dropping a fire retardant on it working around the clock pumping out Property, as difficult as it is to lose and a Coast Guard helicopter using a water and actually using blow dryers precious, lifelong possessions, can be device that was capable of bringing to keep the cables dry. Boats bring in replaced, homes can be rebuilt. But to river water over the flame ultimately supplies to maintain the 24-hour shift. date, we have come through this disas- controlled it again after 11 buildings The Grand Forks Herald, I believe, is ter without a single loss of life, and life were lost, buildings including the a real example of just the courage of is truly irreplaceable. That record held Grand Forks Herald, the city’s news- this community in coping with the dis- and held again today in Grand Forks, paper, one of the State’s largest news- aster. and let us all hope and pray that that papers as well as a major bank and Mr. Speaker, the city is presently continues to be the case, and we will other major commercial buildings in publishing in a school north of town. avoid the ultimate disaster, loss of life, downtown. The paper is being printed in St. Paul in this flood. The devastating aftermath is re- and flown back for distribution in Well, where do we go from here? I vealed in the next two pictures I have. Grand Forks free of charge so that peo- will tell my colleagues where we go. You have a city that one person called ple can track the information, and We pull together and we build back. it a mixture between Venice with the there is no advertising revenue in these The local support has, as I mentioned, water and Berlin with the charred rem- newspapers supporting this city effort. been absolutely amazing. And what nants of buildings. This is the scene This column, ‘‘The Day That North Dakotans have seen I think to today, a scene that has been widely re- Changed Everything,’’ was literally their amazement over the last several ported in newspapers across the coun- written by the editor as the newspaper days is the extent of national support H1868 CONGRESSIONAL RECORD — HOUSE April 24, 1997 that has been extended. There are in- the city of Grand Forks right now. went to visit with them a little. I was numerable stories I could tell my col- There was not a part of the community amazed at how good they looked. Their leagues, corporate and individuals from left untouched, nothing to build upon. hair was all fixed, they were presenting across the country reaching out and as- The financial community, devastated. themselves very, very well, especially sisting. AT&T put free phone lines im- The university, sent home. The busi- given the fact that they were staying mediately into that shelter, for exam- ness community, under water and then in a hangar and it was 5:30 in the morn- ple. Life USA Today Insurance Co. aflame. We are going to have to coming. Out of my surprise I said, you look called me in my office yesterday and pletely rebuild this community, and it great. And one woman replied: Well, of said, how can we help? Can we send is going to take all of our help and all course; some of these soldiers are real- cash, can we send people up and help of our work. ly good-looking. clean out? Anything we can do, let us There have been some wonderful I think that underscores the un- know. The AFL-CIO has contacted me things that have occurred this week. quenchable optimism of the people of and said, we want to help. We have peo- The President came to Grand Forks, North Dakota, and with the help of the ple that lost everything they have. Do ND, and if my colleagues could only Federal Government and with the help you have ways you could suggest we have seen what he did for the morale of and prayers of the American people, we can help? Money or trade skills as we the people spending the nights in the will be back and we will be back bigger build back? shelter. He told them: You are not in and better than ever. I think, making it real personal, this alone. We are standing with you. Mr. Speaker, I yield to my friend and something happened in my office this And it meant an awful lot. colleague, a freshman Member who dis- morning that took me by surprise and The President returned and within 1 tinguishes himself with his conscien- was incredibly special to me. I saw a day of his return sent to the Congress tious service to his State of South Da- fellow I had not seen before, a boy with an amendment to the supplemental ap- kota, Mr. THUNE. him. I figured maybe they were from propriations bill requesting an addi- Mr. THUNE. Mr. Speaker, I want to North Dakota visiting the Nation’s tional $300 million for relief in the thank my good friend and colleague Capital. But no, they are people that Grand Forks area. The House Commit- from North Dakota, Mr. POMEROY. I live in the area, and the 7-year-old tee on Appropriations marked up this would like to echo many of the senti- wrote this note that he wanted me to morning, a markup that convened 6 ments that he has just expressed, be- share with the people of Grand Forks. days after the dikes breached. They in- cause I too have seen what he has seen To the children of Grand Forks: dicated that they also wanted to help firsthand. I had the opportunity earlier My family and I survived Hurricane An- and passed $210 million of relief on the this week to view the damage in Grand drew 5 years ago in Florida, and I know that $488 million that was in the additional Forks, ND, and it truly looks like a all of you will triumph over these floods of relief package, bringing the total, not 1997. Accept these small gifts, and good luck war zone. It is a city that has been ut- to all of you. Peter Boyce, 7 years old, Jamie just for Grand Forks, but for North Da- terly decimated. As we flew over it and Elementary School. kota, Minnesota, and South Dakota, to saw that the entire area was just en- Well, Peter, his father went on to ex- $698 million. The chairman said it right gulfed and consumed in water and the plain, insisted that they pull together when he announced to his committee burned-out buildings, it looked like a some bottled water, took the canned members this morning: This is not scene from a World War II movie. enough. More will be required, but we goods they could spare, and they b 1830 brought them up, two boxes full. And I are still assessing the damages, and They have a tremendous challenge am under instruction from Peter Boyce this is a place to start. ahead of them, and it is one that is to get those to the children of Grand Disasters know no partisan lines, and Forks. I am very pleased to announce on the going to take all of us working to- That is just a perfect example of how floor this evening that Speaker GING- gether to see that we get North Dakota people have reached out. There are 1– RICH will be visiting Grand Forks, ND, and South Dakota back on their feet. 800 numbers established, which I do not tomorrow, late afternoon, touring the I never thought that I would be say- believe protocol allows me to share devastation. The gentleman from ing after the winter and spring we have with you on the floor. But the Red Texas [Mr. ARMEY], the House majority gone through in South Dakota that we Cross has an 800 number, and in addi- leader, a North Dakota native himself, are fortunate, but in this particular tion there is a 1–800 number set up will be touring the area on Monday, all case, we are. After having seen what through FEMA, the Federal Emergency to learn more about the extent of the North Dakota is going through, some Management Agency. And any of my devastation we have experienced and to of our State’s problems do not seem colleagues that might like to individ- be prepared to help. quite as big as they once did. ually provide that kind of support dem- Ultimately, the Federal resources Nevertheless, we have had what has onstrated by the gesture of Peter will be a critical part of our rebuilding. been an unprecedented weather cir- Boyce, I would urge you to contact But even more critical than that and cumstance in our State. Conditions those numbers. more fundamental than that is the this year truly are historic in the his- In spite of how touched we are with tough character, the tough and resil- tory of the Dakotas. I, too, represent this national outpouring and the chari- ient character and the optimism in the an entire State, like my neighbor to table outreach of thousands of Ameri- face of all odds of the people of North the north, and we are very geographi- cans across the country, a number that Dakota. cally isolated. We are large States. We I believe is going to even grow larger, I would close with my comments be- are truly accustomed and used to hav- we need the help of the Federal Gov- fore yielding briefly to the gentleman ing adverse weather, tough cir- ernment. I will tell my colleagues why from South Dakota [Mr. THUNE] who in cumstances and conditions to deal we need the help of the Federal Gov- his State also has suffered a disaster, with. Yet, this year I think has tested ernment. It is kind of illustrated by a and he will tell you about it. But I that beyond the limits. true story that occurred as the dikes want to close with this story I think I recall an incident not too long ago, were giving way. An engineer for the reflecting the resilient character of the just recently in my State of South Da- Corps of Engineers, a very talented people of North Dakota. kota, the city of Watertown, where woman engineer that had been there As I mentioned earlier, I spent Satur- people were out sandbagging in 30- for all of the building of the dikes, she day and Sunday night with the evacu- below wind chills and 60-mile-an-hour was frantically looking at her topog- ees in that Air Force hangar. On Mon- winds. That is the kind of season that raphy maps, looking for a secondary day morning as I got up to go to the we have had to contend with. line of defense against the flooding wa- airport, it was about 5:30 in the morn- It is heart-wrenching when you see ters. And she was crying and she said, ing, and in a hangar full of more than the stories and witness firsthand the there is no high ground, there is no 2,000 people you are always going to people who have been torn from their high ground. have some people milling about. Even homes. My friend, the gentleman from Well, unfortunately, that is the case that early hour I noticed two women North Dakota, as he mentioned, has in a figurative way with the status of about 70 years old walking around. I spent some time in the relief center April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1869 there, and had an opportunity to see model for cities around the country. District; our colleague, the gentleman again firsthand what people are going The economy is performing well. So from South Dakota, JOHN THUNE; the through and enduring, the effect, the Grand Forks I think as well will come gentleman from Minnesota, GIL toll it takes on families. back, but it will be a tribute to the GUTKNECHT, who is from southern Min- A few weeks back my wife and I as leadership that they have there, and nesota. For you people, your districts well had an opportunity to spend some again, to the will and spirit of the peo- have been most directly impacted by time in the Red Cross Emergency Re- ple in that community and throughout the horrible floods of 1997, and they all lief Center in Watertown, SD, and it our entire State. have represented their people so well at really is one of those things that you It is a work in progress. We have the time of their greatest need. have to experience and see firsthand to much that remains to be done. We are I also have never been more proud of have an appreciation for what these very appreciative of the great effort the people I represent in the Twin people are going through. that has been put forward by the ad- Cities suburban Third District. They I have talked with friends in my ministration, the various Federal agen- have also been there, and they are State who, as a result of April bliz- cies, our State governments, our local there, they are going to remain there zards, have experienced enormous governments, and individuals who have in support of our friends in North Da- losses of livestock. It was bad enough stepped up and been willing to make kota and South Dakota. during the blizzards during the winter, the sacrifices that are necessary to Last weekend there were sandbag- but then we got a late spring blizzard help our States and some of these com- ging operations around the clock at a during calving season. I talked with munities get back on their feet. correctional facility in Hennepin Coun- one friend who has lost 50 calves in I look forward to working with my ty there, with inmates working hand in calving season, another who has lost 20. colleague, the gentleman from North hand with high school students, and 500 I think it is very important to note Dakota, and other members of our del- people from the Mormon Church and that for those of us who live in States egation in our respective States, and other churches; volunteers coming out like the Dakotas, that is our liveli- Minnesota as well, and in the Senate, to help sandbag and send the sandbags hood. We have an incredible challenge and working with our Governors and up north; food banks, many food banks ahead of us to rebuild and to start to the various Federal agencies and helping. There is one I am familiar recover. Our economies are so depend- through the appropriations process to with, Lake Country Food Bank, Hy ent upon agriculture, and the cattle bring the type of relief and assistance Rosen, the executive director. Right losses that we have experienced and that is necessary. now as we speak, I talked to him ear- much of the crop damage that is going I think we all realize these are dif- lier today, they are loading eight or to be caused as a result of not being ficult times fiscally, and we have to do nine semis of dry food to send up to able to get in the fields and plant, we these things in a very responsible way. people in need; are going to have a very, I think, dif- Yet, we also have to recognize that The churches, sending choirs to cheer ficult task ahead of us. We are going to these are truly conditions that have up the people in these flood-devastated need help. put people in a position where there areas; That is why it is so important that are things they can do, but others that The schools, young schoolchildren, we work together. We appreciate very are just beyond their control. We are trying to cheer up other young people much the response we have seen from going to have to step in and help. who have been so devastated; those at the Federal level, the Presi- I appreciate my friend, the gen- Families pitching in, corporations. dent visiting North Dakota this last tleman from North Dakota, for yield- My colleague, the gentleman from week, and again, the Speaker coming ing to me. South Dakota, mentioned several cor- out tomorrow to see North Dakota. Mr. POMEROY. Reclaiming my time, porations. Northwest Airlines offered The various Federal agencies have re- Mr. Speaker, I thank the gentleman for free transportation to get emergency sponded in a very quick and immediate his remarks. supplies up. The State bar association, way, and we want to credit them for Mr. Speaker, this is a floor that sees I know the 16 law firms, major firms in the help they have given, and look to an awful lot of tough, partisan debate. Grand Forks, were wiped out, 8 by the them again for assistance. I think it is very important that our fire, 8 by the flood; everything de- I think, again, the thing that I would colleagues see tonight that when it stroyed, all their books, records, wiped note from all this, and we have seen an really matters, when it is really on the out. Cheryl Ramstad Voss, who hap- historic response, I think, from the line, like it is for the people that we pens to be my sister and president- Federal Government, we have also wit- represent in the context of this disas- elect of the State bar, she has assem- nessed incredible examples of people ter, this is a body that can, in a very bled a group tomorrow in the afternoon working together. We have seen tre- bipartisan way, step up to the plate of the 50 big law firms in the Twin mendous leadership at the local level; and reflect, really, what the American Cities to get together and help jump the mayor of Grand Forks, the mayor people are thinking, a desire to provide start those firms. of Watertown, who have stepped up and help for people who need help. The Governors have been tremen- led. Also our Governors in the States Mr. Speaker, there is another North dous. The National Guard, General have helped take precautions so we Dakota native in this House. I men- Andreotti in Minnesota, the Salvation have not lost lives. tioned earlier that the majority leader Army has been there. Also I want to We are very blessed, I think, not to is a native of North Dakota. So is the thank FEMA Director James Lee Witt, have lost lives in this. But there was gentleman from Minnesota, JIM Jim Franklin, who is the emergency an incredible, tremendous toll on prop- RAMSTAD, who very capably represents management director in Minnesota, erty, people putting their lives back to- Minnesota and the Minneapolis area, and the local officials; the mayors as gether. But people have come together specifically. well. and worked the very best in the human He has been absolutely more genuine Mr. Speaker, I do not want to take spirit, we have witnessed that first- and more sincere in his offer of sup- all my 5 minutes, I know there are hand. It really speaks well I think to port, just as sincere as he could be. I other speakers. But I just want to con- the pioneer, frontier spirit that the appreciate all he has done for us al- clude by saying that I strongly support people in our State have. Their spirits ready, and look forward to his contin- the President’s call for a $488 million have been bent but they have not been ued help as we try to get the disaster Federal relief package. One-half is broken, and we will rebound. We will assistance put into place. emergency dollars which the President get back on our feet. Mr. RAMSTAD. Mr. Speaker, I thank has already committed during his visit, I can recall, again, going back in our the gentleman for yielding to me. I and $200 million of it depends on a spe- history in 1972 with the flood in Rapid also want to thank my friend, the gen- cial appropriation from us here in Con- City that decimated the entire city, tleman from North Dakota, EARL gress. and the rebuilding effort that has been POMEROY, and recognize his efforts; the We need to continue to work to- going forward there. It is now an eco- gentleman from Minnesota, COLLIN PE- gether in a bipartisan way over the nomic wonder. It has become a great TERSON, who represents the Seventh next week or two to finish the job of H1870 CONGRESSIONAL RECORD — HOUSE April 24, 1997 getting this relief money to those peo- The SPEAKER pro tempore. Is there Plaquemine, LA, a mob of State troop- ple who so desperately, desperately objection to the request of the gen- ers hunted for him after he organized need it. tleman from Georgia? nonviolent demonstrations. He said I know the gentleman from Louisi- There was no objection. and I am quoting him: ‘‘I was meant to ana [Mr. LIVINGSTON] from the Com- Mr. LEWIS of Georgia. Mr. Speaker I die that night, they were kicking open mittee on Appropriations said yester- rise to pay tribute to one of the last of doors, beating up blacks in the streets, day that he expects strong bipartisan a special breed of freedom fighters, interrogating them with electric cattle support and quick action, and the peo- James Farmer. His voice has been prods.’’ And remarkably, Jim made his ple of those devastated areas certainly strong and reliable; his leadership, in- escape by playing dead in the back of a deserve nothing less. valuable. However, James Farmer has hearse which carried him along back I am also, in conclusion, grateful to never sought the limelight. In the roads out of town. the Speaker. I know the gentleman in- course of history and fate, he has not This articulate and charismatic lead- vited him to tour the area to see first- been given his due. We owe it to our- er continued to spread the method of hand how bad it is. I appreciate the in- selves and to the unborn generations to nonviolent demonstrations throughout vitation to go along with the Speaker. stop and pay tribute to this great man, the country. Under his direction, CORE My favorite cousins had to evacuate and that is why we are here tonight, organized voter registration and civil their homes in Grand Forks. In fact, Mr. Speaker. protests like the 1964 demonstration at their daughter and her husband and lit- Mr. Speaker, I yield to the gentle- the New York World’s Fair to protest tle baby do not know what they have woman from the District of Columbia, black conditions in that city. In 1966, to come back to. It is in the area that ELEANOR HOLMES NORTON. Jim Farmer resigned from CORE and a is hard hit. We do not know for sure at Ms. NORTON. Mr. Speaker, I thank leadership role and went on to continue this time. But I know the Speaker has the gentleman for his great generosity his work in civil rights in other ways. made a commitment to support what- in yielding to me. First, in light of As president of the Center for Commu- ever is necessary to get this flood-rav- some unavoidable scheduling difficul- nity Action, he championed adult lit- aged area repaired and restored, and to ties, I will be brief, but I believe I had eracy. His service with the Department help the people in the short term as to come forward, because, Mr. Speaker, of Health, Education and Welfare was well. I was in the nonviolent army of Jim noteworthy for programs increasing We will be there with the full cost of Farmer, and if I may say so, in the black employment in the agency under emergency rescue and cleanup. We will nonviolent army where one of the com- President Richard Nixon. Later he be there for the permanent repair and manders was the gentleman who has would direct the Council on Minority restoration of facilities, as well as the the remaining period, the gentleman Planning and Strategy here in Wash- short-term assistance, the disaster un- from Georgia [Mr. LEWIS]. ington. employment relief, the disaster food He and I, because we were in that The gentleman from Georgia, several stamps. Then, over the longer term, we army, needed to come forward to pay other Members of Congress and I have will be there with a Federal task force; tribute to a man who, as the gentleman written the President to ask that the a Marshall plan, as the President called from Georgia has said, many in Amer- Medal of Freedom be awarded to this it, for flood-ravaged areas. ica do not know, but who everybody great American who was among the I thank my friend, the gentleman knew in the 1960’s when he led the non- class of the great civil rights leaders of from North Dakota for yielding to me, violent marches, and encouraged Amer- the 1960’s. He is, Mr. Speaker, today and for the tremendous job that he has icans to remain nonviolent in the face blind. He has lost the use of both of his done in serving his people well. of what might otherwise have been legs. And yet with the indomitable de- Mr. POMEROY. Mr. Speaker, I thank temptations into violence. termination for which he was known in the gentleman for his remarks. The The name of James Farmer is, in- his younger years, he continues as a majority leader, the gentleman from deed, a name that will go down in his- distinguished professor of history and Texas [Mr. ARMEY], said when it comes tory as one of the great civil rights American studies at Mary Washington to disasters, once a North Dakotan, al- leaders of the 20th century. James College in Fredericksburg, VA. ways a North Dakotan. The Congress- fought the brutality of racism through This is a very distinguished Amer- man, although so capably representing nonviolent means, making him one of ican. He helped originate the non- Minnesota, has certainly shown with the Nation’s most recognizable and in- violent approach that saved our coun- the depths of his concern and the sin- fluential black leaders in the 1960’s. try from race war. One of the origina- cerity of the energy behind his effort to tors of this approach among the young b 1845 do something to help that that is true people, I must say, Mr. Speaker, was for him as well. In 1942, Jim Farmer and several the gentleman from Georgia, who per- Mr. Speaker, this concludes the por- Christian pacifists founded the Con- haps more than any man in America tion of our discussion about the Grand gress of Racial Equality with the goal suffered physically for his commitment Forks, ND disaster and the disaster of using nonviolent Gandhian tactics to nonviolence. But he would be the that has impacted our entire area. I do to challenge American racism. Under first to note his gratitude to a man ask for Members’ support and prayers. his leadership, the Congress of Racial who was his senior and the leader of us Mr. Speaker, I yield back the balance Equality, or CORE as it became called, all because we were young whipper- of my time. began a campaign of sit-ins which suc- snappers learning from the likes of Jim f cessfully ended discrimination in two Farmer. Chicago restaurants in 1947. Later he Few if any countries have solved so TRIBUTE TO JAMES FARMER, would be appointed the executive direc- serious a problem, so deep a problem as CIVIL RIGHTS FREEDOM FIGHTER tor of CORE, and in 1961 his group American racism nonviolently. Martin The SPEAKER pro tempore. Under would initiate the famous freedom Luther King, Jr., was not the only the Speaker’s announced policy of Jan- rides throughout the Deep South. The apostle of nonviolent resistance and uary 7, 1997, the gentleman from Geor- gentleman from Georgia will tell you peaceful approaches to breaking down gia [Mr. LEWIS] is recognized for the re- all about those rides. racial barriers. He is only the best maining 18 minutes of the hour of the Like Martin Luther King, Jr., Roy known. One of the very best known of gentleman from North Dakota [Mr. Wilkins, Whitney Young, and other course continues to serve in this Con- POMEROY]. courageous black men of the early civil gress, and that is the gentleman from GENERAL LEAVE rights movement, Jim Farmer was no Georgia. But the fact is that in these Mr. LEWIS of Georgia. Mr. Speaker, stranger to the danger of organizing days, when we decry violence in our I ask unanimous consent that all Mem- nonviolent demonstrations in the tu- country, we would do well to look to bers may have 5 legislative days within multuous South of the 1960’s. Jim the leadership of those who were will- which to revise and extend their re- Farmer literally put his life on the line ing to die for nonviolent change. marks on the subject of my special more than once in the struggle for civil The moment of civil rights triumph order today. rights. In 1963, outside the town of may be a distant memory to some. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1871 After all, we are a generation removed, called CORE, the Congress of Racial Nothing could stop me or the others. but certain ideas never lose their cur- Equality. We were on a mission. rency and one of those ideas is equal- One evening after a CORE meeting, When we got to Birmingham, Bull ity. Another of those ideas is racial Jim and a white friend stopped by the Connor, the chief of police, had his offi- harmony. And Jim Farmer stood Jack Spratt Coffee Shop. Farmer want- cers put newspapers on the bus win- proudly for both and would stand ed to order a doughnut. He was told dows so that we could not see out. proudly for both today. The President that he could not be served. Farmer When we arrived on the scene, he or- of the United States, Mr. Speaker, has told the waiter that he was violating dered the troopers to take us into pro- said that race relations is one of the State law by refusing to serve him. The tective custody. They put us in jail priorities of his second term and well it waiter said, fine, that doughnut will be where we stayed until the next day. might be. $1. The usual selling price was 5 cents. We went on a hunger strike. You see, Mr. Speaker, we ought to be worried The next day Farmer came back with that was one of the techniques of non- about race relations in our country about 20 of his friends. The whites in violence Jim Farmer had taught us. today, so many of us are comfortable, the group were served; the blacks were The media attention would be focused the smaller the group. The fact is that not. But no one would eat until every- on our hunger strike, and Bull Connor when the gentleman from Georgia and one was served. They very calmly ex- would not want to risk our getting sick I were young troops in the nonviolent plained that it would be rude to do oth- or starving on his watch. By going on a armies of the South, I think it fair to erwise. The result was that they all hunger strike, we were going to force say that there was greater communica- ended up sitting there all day. Bull Connor to change his behavior, to tion often across racial lines than For 3 or 4 days they came back to change whatever plans he may have there is today. We are not nostalgic Jack Spratt Coffee Shop first thing in had for us and treat us differently than about the past, but there are some the morning and tied up almost every he may have otherwise. It worked. parts of the past that I would like to seat for almost all of the day. It did But the next day, Bull Connor drove recall. One way to recall and to pay a not take Jack Spratt long to give in us 150 miles to the State line and told and serve everyone. Farmer sent them debt the country owes is for President us to get out. We walked and walked a nice letter thanking them for chang- Clinton to award the Medal of Freedom until we found a black couple that took ing their policy. This was our Nation’s to an American hero, a man who suf- us in and fed us. We called fellow stu- first nonviolent sit-in. That was April fered for it, a man who stood on prin- dents in Nashville, and they came to 1942, 55 years ago this month. pick us up and took us back to Bir- ciple and a man who taught America Gandhi’s technique of civil disobe- mingham to resume the ride. I guess that its gravest social problem could be dience, direct action, and nonviolence Bull Connor must have thought these solved and could be solved non- has worked. Jim Farmer was right. young people are like fleas. We can get violently. Fifty years ago, in 1947, Farmer led The life of Jim Farmer recalls us to rid of them. But that is what Jim CORE members in a challenge to the first principles, brotherhood and sister- Farmer taught us. Go on, get under practice of segregated seating on buses their skin. hood, if you will, racial equality and traveling interstate. The U.S. Supreme Mr. Speaker, James Farmer, this racial and ethnic harmony. These are Court had ruled the year before that good and decent man, taught us how to great American principles. They have blacks could not be forced to ride in practice the philosophy and the dis- had their ups and they have had their the back of the bus. On what he called cipline of nonviolence. Jim Farmer was downs, but they are and must remain the journey of reconciliation, they one of the big six of the civil rights with us in perpetuity. I thank the gen- traveled through Maryland, Virginia, movement, and with each of us Jim tleman from Georgia for his great gen- North Carolina, and West Virginia. was scheduled to speak at the March erosity in yielding to me. Some members of that group included Mr. LEWIS of Georgia. Mr. Speaker, Bayard Rustin. Three were arrested on Washington in 1963. But rather than I want to thank the gentlewoman from and they served 30 days on a chain gang coming to the March on Washington, the District of Columbia [Ms. NORTON] in North Carolina for having violated he was arrested and placed in jail in a for those very moving words. We are local segregation laws. But in 1961, parish in Louisiana. And he stayed grateful for her leadership, for coming Farmer organized the Freedom Ride. there with the people rather than com- here tonight to recognize Jim Farmer. He came here to Washington on May 1, ing to speak at the March on Washing- Mr. Speaker, we really did not hear a 1961; 13 of us, 7 whites and 6 blacks, ton. lot about nonviolence as a part of the Farmer, like myself, who was one of Mr. Speaker, let me close tonight by early civil rights movement until the the original freedom riders. In May saying, James Farmer is not in good Montgomery bus boycott in 1955. But 1961, we left Washington, DC to travel health tonight. But he is still teaching that was actually almost 15 years after throughout the South. at Mary Washington College where he the use of Gandhian principles in the Some of us pretended during those is a distinguished professor of history struggle for civil rights. Jim Farmer, workshops to be white and some said and American studies. He continues to this brave warrior, did it first. horrible things and beat others of us inspire his students and all those who When Jim Farmer graduated from up. We discussed what we could expect are blessed as I was to come in contact the School of Theology at Howard Uni- on the freedom ride. We resisted vio- with him, to set goals, direct action, to versity in 1941, he went to work for a lence. We practiced being nonviolent. be creative, to have a vision, and keep pacifist organization in Chicago, the We prayed. We prepared ourselves for the faith. Fellowship of Reconciliation. Farmer the worst. Three days later, we set out Mr. Speaker, as a nation and as a had been studying the nonviolent tech- on the Freedom Ride on May 4, 1961. people, we are more than lucky, but we niques and teaching of Gandhi. He mar- Officials in the southern States knew are blessed to have had this man in our veled at the success of Gandhi’s 1930 we were coming. Jim had sent them midst to lead American people toward salt march to the sea. He suggested to letters in advance. Virginia and North the creation of a truly beloved commu- the Fellowship of Reconciliation that Carolina took down their white-only nity, toward the creation of an inter- they find ways to use Gandhi tech- and colored-only signs that had been racial democracy. So we are doing the niques, civil disobedience, direct ac- hanging in the bus station. We had no right thing here tonight, Mr. Speaker, tion, and nonviolence in the battle problem there. South Carolina was a by honoring this great man, James against segregation. The Fellowship of different story. When we arrived in a Farmer. Reconciliation, better known as FOR, little town called Rock Hill, there were Mr. TOWNS. Mr. Speaker, 55 years ago, did not take his suggestion. It did not young men waiting for us. They would James Farmer had the tenacity and passion to attempt to discourage him but said not allow us to enter the waiting room. organize and lead the first sit-in at the Jack that it would not sponsor such activity I explained to them my rights under a Spratt Coffee Shop in Chicago, IL. This direc- at that time. So Jim enlisted some of Supreme Court decision and they tor of the Congress of Racial Equality [CORE] his friends, an interracial group, most- clubbed each one of us. during the height of the civil rights movement ly graduate students at the University But Farmer had trained us well. My is still around to tell what it was like at the of Chicago, and they founded what they eyes, like others’, were on the prize. helm. H1872 CONGRESSIONAL RECORD — HOUSE April 24, 1997 Farmer's determination grew from an early people and his Nation, James Farmer has de- joining big cities. We see the drug prob- incident. At the age of 31¤2, he learned about voted his whole life to the cause of racial har- lem in OD’s of kids in our neighbor- racism for the first time when he was denied mony and individual justice. James Farmer is hoods, children, but it also is in cor- a Coca-Cola because of the color of his skin a man of vision who infused a generation of porate America, it is also in people who in Holly Springs, MS. From that day forward, black Americans with the spirit and strength of do work in blue collar areas. he was burdened with a desire to bring about nonviolent protest against the scourge of rac- We have worked in this country to racial harmony and equality. ism and injustice. Through countless contribu- make sure that people who fly air- James Farmer is the last of the ``Big Four'' tions and endless personal sacrifices, James planes and drive trucks and maneuver civil rights movement leaders. The other three Farmer has played a critical role in profoundly trains down the tracks certainly are coleaders of the civil rights movement of the changing the course of our Nation's history. drug free. We have worked hard to 1960's are not around to tell their stories and Mr. Speaker, I am personally grateful to make sure that we have drug free give their historical perspective on America. Farmer for the support and inspiration he gave workplaces in this country. And cer- The Rev. Martin Luther King Jr. of the South- to me and to so many others at a critical time tainly the Federal Government and ern Christian Leadership Conference, Roy Wil- in the history of the civil rights movement. many, many State governments have kins of the National Association for the Ad- Farmer founded the Congress on Racial worked to make sure their workplaces vancement of Colored People, and Whitney Equality. CORE was the catalyst for challeng- are drug free as well. Young of the Urban League are now de- ing and overcoming the entrenched segrega- But, Mr. Speaker, I have just re- ceased. tion and racism that incarcerated black Ameri- turned from the Second International However, James Farmer is still with us. Re- cans and sentenced all Americans to a nation Symposium Against Drugs in Switzer- ferred to as a ``young Negro aristocrat'', Farm- of unfulfilled promises, lost to its once cher- land, and what I learned there was er was born in Texas, where his father was ished vision of freedom and equality. It was truly disturbing. At the same time it the first black person to earn a Ph.D. degree. unfortunate that Farmer was unable to ad- was heartening to meet with doctors and world leaders engaged in the fight Today, he is 77 years old, blind and he has dress the Great March on Washington, his re- against drug abuse, drug-related crime, lost the use of both legs. marks had to be read by someone else be- As we approach a new millennium, Ameri- and international drug trafficking. cause he was jailed in Plaquemine, LA. America and Europe are both under cans and the world are still trying to bring James Farmer was a founding father of the about racial justice and understanding; a phi- siege directly from international drug 20th century civil rights movement. In the be- traffickers and internally from well-fi- losophy Farmer espoused when he began ginning, there were only a handful who com- training an interracial group of 13 young peo- nanced drug legalization movements. mitted themselves to banishing segregation In Switzerland, legalizers give away 100 ple in the nonviolent techniques of Gandhi. To and building a colorblind nation. Although their ensure that this history is never lost, it is fitting percent pure heroin, and between 300 numbers were few, their dedication was enor- and 5,000 needles a day, plus heroin that Mr. James Farmer be awarded the Presi- mous. In just a few short years Farmer saw dential Medal of Freedom for his meritorious cigarettes which Swiss legalizers claim his followers grow from dozens to hundreds to are compassionate because these ciga- contributions to our society. thousands; under his leadership the Freedom rettes, Mr. Speaker, do not contain to- Mr. SCOTT. Mr. Speaker, I rise today to Riders rose up and changed the direction of a add my voice to those of my colleagues in ap- bacco. nation. Proponents of drug legalization are, preciation of and respect for a quiet hero, Mr. Mr. Speaker, it was my privilege to have at best, a dangerous and misguided James L. Farmer. During the turbulent 1960's, worked with CORE in the 1950's and the crowd. For many it is an elaborate he rightfully earned his place as one of the 1960's. It was my privilege to be among those game, a way to retaliate against those ``Big Four'' in the civil rights movement along sent to jail for our peaceful protest at the Jef- who condemn their own drug using be- side the other giants: Whitney Young, Roy ferson Bank in St. Louis. And, it has been a havior. For others legalization is a Wilkins, and Martin Luther King, Jr. Though fa- privilege to have spent my career fighting for means of achieving other ends, under- mous for founding the Congress for Racial equal rights and social justice. James Farmer mining moral values and democratic Equality, James Farmer was an unassuming, has been a source of courage and strength to institutions, turning profits on an ex- modest man. For that reason, many Ameri- me and to thousands of others. All who cher- panded population, creating new indus- cansÐAfrican-American as well as whiteÐare ish racial harmony are grateful to James tries around the maintenance of addic- unaware of the invaluable contributions he Farmer for his wisdom and guidance and de- tion, and, in a few cases, even yearning made to the civil rights movement, and, even votion. James Farmer is a man of peace and to justify a tragic loss to drug abuse. more importantly, to the fulfillment of Ameri- good will. He will be forever appreciated and Whatever the motivation, drug legal- ca's underlying principles and goals for all of celebrated for a life service to his people and ization is wrong headed and destined to its citizens. We call on President Clinton to his Nation. hurt those societies which indulge the honor James Farmer by awarding him the Mr. Speaker, I salute James Farmer and instinct to experiment with the most Presidential Medal of Freedom. urge President Clinton to award this outstand- vulnerable segments of their popu- Sadly, few who are familiar with photo- ing American the Presidential Medal of Free- lation, including their children. graphs of James Farmer taken in the sixties dom. So let us be clear about legalization, when he orchestrated the first Freedom Rides f Mr. Speaker. The promoters of legal- would recognize him today. At 77, he is blind, ization forget the basic facts. They for- suffers from severe diabetes, and has been b 1900 get, for example, that drug use and forced to undergo several amputations. Even DRUG ABUSE abuse always and everywhere follows now, he is hospitalized, recovering from the drug availability. They forget that latest operation to remove his left leg above The SPEAKER pro tempore. Under there will always be more users trying the knee. the Speaker’s announced policy of Jan- drugs when there are more drugs to By where James Farmer's body may be uary 7, 1997, the gentleman from Illi- try. weak, his achievements remain as strong as nois [Mr. HASTERT] is recognized for 60 This is clearly the experience of the any man's. He continues his life-long work, minutes. United States. Between 1992 and 1995, teaching a popular civil rights course at Mary Mr. HASTERT. Mr. Speaker, tonight the administration experimented with Washington College in my State. And the text- I want to take some time and talk to reduced drug interdiction. The result book for that class is his autobiography. The you and the House about a very serious was more drugs inside our country and achievements of the civil rights movement are problem that faces this country, not more kids trying those drugs. In 1994, in large part the achievements of James only facing this country but it is facing there were three-quarters of a million Farmer. And the time is right to honor his many nations across this planet, and more teenagers using drugs than in achievements. Let him just this once feel the that is drug abuse. 1992, a reversal of the 1981 to 1992 down- applause, receive the accolades, and hear the Many times we see drug abuse in the ward trend in drug use. words of thanks from a grateful nation. guise of our children having OD’s, By contrast, between 1985 and 1992, Mr. CLAY. Mr. Speaker, I am honored to being in the emergency room, finding when the United States was firmly join in paying tribute to one of our Nation's he- problems in schools, drug gangs that committed to halting the inflow of roes in the battle for racial equality. A man of are popping up across this country, es- drugs, casual teen drug use fell dra- unwavering faith and steadfast devotion to his pecially in big cities and in towns ad- matically. Regular drug users fell by 80 April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1873 percent, from 5.8 to 1.3 million. Crack tons of heroin, cocaine, crack, and and they are very, very violent. It kills use declined from nearly a million in marijuana annually. But the threat more people in 1 year than died in the 1990 to just over 300,000 in 1992. And also comes from within. entire cold war. Last year, in the Unit- marijuana use plummeted from 22 mil- In the United States, we have been ed States, this underrated adversary lion regular users in 1985 down to 8.5 timid about confronting it on both killed more than 10,000 children. Think million users in 1992, a 61 percent fall. fronts. In the United States, we are ac- about it, 10,000 children. That is what can happen when a soci- customed to thinking about national If anything else in this country ety is serious about turning back the security and threats to national secu- threatened our children, our kids that tide. rity in traditional ways. When I say, are in schools, kids that walk the Legalization promoters also forget for example, that America faces a na- streets in numbers of 10,000, this Con- that the number of addicts invariably tional security threat, and we do, most gress and this society would be turned rises with the number of casual or ex- people think of bombs and tanks and upside down. But drugs have done that. perimental users. In the United States, espionage and intercontinental ballis- On a personal note, I come from Illi- as casual teen drugs rose after 1992, so tic missiles, maybe theater nuclear nois, and my brother works in a public did addiction. weapons. They do not think of hypo- school in Aurora, IL. Already this Legalization advocates forget that dermic needles filled with 90-percent school year he has buried one of his the political leadership of a country pure Burmese or Colombian heroin. students, buried him because the stu- that embraces legalization is also send- They do not think of crack or LSD or dent was involved in a gang and the ing a message. I was a high school THC or methamphetamine. gang was involved in drug trafficking. teacher for 16 years. I think I know When I say the world’s leading de- In my congressional district, in one kids. Kids are not stupid. They know if mocracies are in the jaws of an insid- of the major cities in Aurora, IL, 6 adults in their lives are giving consent ious national security threat, and they children have already died this year or are forbidding it. They need and are, most people think of spies and uni- from drugs and drug-related violence. want limits set, even if they occasion- formed soldiers and body bags and con- Why? Because they are involved in ally test those limits. And when there ventional warfare. The truth is dif- gangs and drive-by shootings and drug are no limits, they respond accord- ferent. Often most serious threats are overdoses. It is something that is there in somebody else’s neighborhood, not ingly. those that masquerade as solutions or If someone is looking the other way mere distractions. in somebody else’s State, but in our and letting them get high or use drugs, In my view, the legalization initia- own backyard. On the national level, the numbers they know it. If society legalizes dan- tives passed by California and Arizona are stark. Over the past 3 years, we gerous drugs in any measure for those this last election season are the Trojan have witnessed a 200 percent increase who wish to get high or are already ad- horses of the 21st century. My message in drug use by American children, the dicted, kids get the message. Society is that this is not a game or a harmless kids between the ages of 8 and 17, our distraction and it certainly is not a so- will have put the stamp of approval on kids. The price of dangerous drugs has lution. The drug cartels are sophisti- drug use. And, as the old saying goes, fallen by several magnitudes, as avail- cated and they welcome the legaliza- what is good for the goose is good for ability has increased. Street purities of the gander. Kids know hypocrisy when tion movement. cocaine and heroin and marijuana have This is a war, and the traffickers and they see it. all jumped to record levels, all this be- legalizers are intentionally slipping a Finally, legalization promoters for- cause we let down our guard between Trojan horse within the gates of the get three other terrible and compelling 1992 and 1995 and we have been slow to United States and Switzerland and facts: First, a drug overdose, for exam- see the national security implications. ple, by heroin is not a simple or sterile other countries around the world. On This year, the fourth year in a row, a or quick or painless event. It is a hor- the whole, we in the United States national reporting system by the U.S. rible, choking, suffocating event. The have been too complacent, we have un- hospitals called DAWN showed record lungs fill with liquid in a lung edema, derestimated the organizations, the level emergency room admissions for and the person, often a child, slowly power of this $40 billion annual indus- cocaine, heroin, methamphetamines, chokes to death. try. Yes, Mr. Speaker and Members of and THC or marijuana. In 1995, overall Second, they forget that there will the House, I said billion with a B, $40 drug-related emergency room episodes always be a black market for drugs billion annual industry. jumped 12 percent; cocaine-related epi- that are more pure than those being The power to corrupt, power to kill, sodes leaped 21 percent; heroin-related made legally available, and there will the power to destroy the heart and soul episodes skyrocketed 27 percent. THC always be those who cannot get the of our society. We have underestimated or marijuana-related emergencies, as a drugs but want them. the threat for a simple reason. Drug result of purities that are up to 25 Finally, the most drug-related crime traffickers and promoters are not the times greater than in the 1970’s and the is not between dealers or gangs. Most sort of threat that we are used to re- lacing of marijuana with PCP, were up are committed by those on drugs, or sponding to. They do not wear uni- 32 percent. Methamphetamine emer- so-called pharmacological crimes. Up forms or come in battalions. Instead, gencies were up 35 percent. to 70 percent of the United States’ they often come with stealth, in the In short, drugs are destroying young State prisons are filled with criminals dark, and inject society under the lives in record numbers. So the crisis is who committed their crime on drugs. shroud of night. here. The crisis is in Switzerland. The Legalization only increases this popu- But let us not kid ourselves. Let us crisis is over the face of this planet. lation. go to the very heart of this. This adver- And the crisis is real, as real as World Let me turn now to the heart of the sary is well-financed, it is powerful, it War II, as the air battles over Britain matter: National security. This is a big is violent. We have had hearings in the when Winston Churchill called for his area I want to discuss. Committee on Government Operations nation to respond. It is as grave as the The Swiss national security is and Subcommittee on National Secu- national security threat to the genera- threatened by legalizers and traffickers rity, International Affairs, and Crimi- tion which must follow as the threat in drugs, and so is our national secu- nal Justice about the huge cartels in that animated the French Resistance rity. In America, public complacency Colombia and Mexico, their far-reach- to act against the Nazi government. and indifference by the media are per- ing effect, that are in places as far The difference here is that this mitting drugs to erode public security, away as Nigeria and Russia and Japan, threat is insidious, it is slow growing, personal security, and ultimately, na- the use of the Japanese yakuza organi- it is like a cancer, it grows below seem- tional security. zation and the Russian Mafia and the ingly healthy skin. It is threatening But we all must recognize the enor- Nigerian drug runners across the Switzerland’s future, and it is threat- mity of the threat. This threat to our world. Those stories are well-known. ening our own future in this country. society comes from the international So there is no limit to what these That is why Congress is fighting legal- cartels in Colombia and Mexico, who drug cartels are willing to do. They are ization and fighting to fund drug pre- export literally hundreds of millions of well-financed, and they are powerful, vention and drug interdiction. We must H1874 CONGRESSIONAL RECORD — HOUSE April 24, 1997 respond. We must see the Trojan horse man’s remarks and to congratulate dom? If my son cannot go to school, if that is slipping even now between our him on his leadership in the commit- my daughter cannot go to college, if gates, and we must turn it back. tee. Last fall when the National Secu- they are not safe when they go out on b 1915 rity Committee was winding up a 2- the roads at night, if they are not safe year effort, there was some concern when they go shopping, if the gang We must recognize that drugs fund whether or not this was just a political wars that we have in our district, the crime and dissolution of all that is best effort. In fact, we had been working on least we have heard is 70 percent, the about America and Switzerland. They this from the time we came in to con- highest is 85 percent of all crime of criminalize our banking and commer- trol Congress because when we saw the every type is drug and alcohol-related. cial systems. They finance terrorist facts of the results on the American These are tragic statistics. We cannot groups in Russia and the Middle East streets and neighborhoods and families, say we are worried about crime but oh, and Peru and Mexico and Colombia, we backed off of our commitment not about marijuana. It is not a ques- and they undermine the future that we against drug interdiction, we were tion of well, alcohol is legal. Quite wish to pass on to our children. I alarmed. We spent 2 years traveling frankly, if we had the statistics today worry, too, that Swiss banks may not across America, traveling down to for- and looked at alcohol, we would not le- be fully on guard about drug money eign nations and confronting the lead- galize it. It is not a justification to le- laundering. Even here we must do ers with the fact that most of those galize marijuana. more. drugs were coming across the Mexican Furthermore, if we are increasingly In closing, I must say that we have border, being produced in the coca enforcing anything on zero tolerance in now been to, and our committee has leaves of Peru and Bolivia, processed in the schools, it is illegal for minors to traveled to, the drug producing and the labs of Colombia, and we con- have alcohol as well and we should not shipping nations of Burma and Colom- fronted them. We confronted the tele- use that as an excuse to back off what bia and Bolivia and Peru and Panama vision and the movie industry in Holly- is true. That is why it is so tragic and Mexico and certainly seen what we wood and said and challenged them about what has happened in Arizona are up against. I traveled into the jun- with what they were producing and and California with this false siren of gles where coca and poppy are grown what impact they were having in our medicinal use of marijuana. If there is and processed, and I think we have a home communities. a component in marijuana that can re- mighty adversary to confront in those We went around the country in every lieve pain, there are multiple other nations. region of the country looking and hear- ways that you can do that without hav- The first step for us is to support the ing stories, tragic stories of young chil- ing the dangerous effects of marijuana. drug war and drug prevention. The first dren, of families being destroyed, of It was a false bill of goods sold by peo- step is for Switzerland’s people to pass women being intimidated by husbands ple with a vested interest in destroying the youth-against-drugs referendum. who had been beating them. As one our laws against drugs, and we need to But my hope is that we will not be mis- poor lady said in Arizona, in JOHN stand up to that. led or deceived and that we will see SHADEGG’s district, she said she hated I am also concerned as we watch this national security threat for what to say this but she hoped that the what happened there and to hear of our it is and respond with a dedicated anti- drugs killed her husband before he chairman’s efforts in Switzerland to drug effort in Switzerland and here in killed her because he had been beating speak out and the things he has America. I especially want to con- her and her daughter, she was hiding brought here tonight and will continue gratulate VPM and Dr. Francesca and moving from shelter to shelter be- to bring out, it is very disturbing to Haller, as well as the AIDS-Informa- cause of what had happened with drugs, see heroin needles being distributed, tion-Switzerland, for fighting against all of which started with marijuana. the massive level of experimentation heroin legalization with all their The myth that marijuana is not dan- they have been doing. That the United hearts, and we are with you. gerous, all these people said, well, we Nations would be involved in any way This problem, Mr. Speaker, is an in- started with marijuana, we heard from in this calls into question a lot of the sidious problem. It has reached down to kids, oh, we thought marijuana was judgments that many of us have any- the very heart of our society. It has good, but then we wanted to get higher. way about how the U.N. Health Organi- reached into other societies around the We heard it from gangs, from women zation works. The fact is that we have world and into our commercial institu- who were being beaten, from law en- been through this. This is not new. tions. There are questions about banks forcement officials, from school admin- My friend, JOHN SHADEGG, has this and money laundering, because of all istrators. We heard it across the board. quote, I cannot remember the original the efforts of people who grow illegal There was a clear linkage. There is a person that had the quote, that history drugs and move them into countries dispute as to whether this is a war or a may not repeat itself but it rhymes, such as Colombia to refine them and cancer. It is in fact both. It is a war in and that is often the problem that we from Colombia move them into Mexico the sense it is coming at us. are facing here. It may not be exactly where drug families move them across People are making money, they are the same thing but we can see these re- the border and across this country and destroying and undermining the fabric petitive patterns. It is as if sometimes into the street corners where kids can of our country. It is also a cancer eat- when you drive in on the interstate in buy them. It would never happen if we ing away at our soul internally, person the morning, if you see somebody who could not take the street bills, the 5- by person, as we relax our standards has run out of gas in a tunnel, you say, and 10- and 20- and 50-dollar bills that and say well, we do not want to judge ‘‘Boy, I feel sorry for that person,’’ be- kids pay to drug dealers, and that other people’s behavior and so on. But cause maybe they do not know all the money goes back to the drug cartels. that behavior has a direct impact on information. But when you do it a sec- Money laundering is a problem. In all of our lives. ond time, when you start to see the re- Switzerland, it is even a greater prob- We had a case in Fort Wayne just re- petitive patterns, you go, do you not lem because Swiss banks carry money cently where a high school student who ever learn from history? Are there not and wires from all over the world. was high on cocaine and alcohol flipped things that are triggers and say, Later on I am going to borrow from an their vehicle, hit a senior citizen, then ‘‘We’ve been there, we’ve done that, we article written by a gentleman named flipped over the median on the inter- don’t need to do that again’’? Bob McGinnis, who talks about how state and hit two more cars, two people You give heroin needles away, heroin Swiss banks are being implicated in dead, four people injured if I recall cor- abuse goes up. You have these different moving drug money across this uni- rectly. And it was a series we have had programs that are out there that sup- verse. of multiple accidents with people on posedly are getting people off, and in- I yield to my good friend from Fort drugs. stead you are getting people more ad- Wayne, IN [Mr. SOUDER], who has cer- If I cannot drive on a road, if my wife dicted and you are expanding it. tainly worked with us on drug issues. cannot drive on a road without fearing We have to look to the past history Mr. SOUDER. Mr. Speaker, I wanted that somebody is high on drugs or alco- of this and, that is, the things that to associate myself with the chair- hol endangering our lives, what is free- work are a combination of different April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1875 variables. One is, we have to keep the of yourself to practice something. It is fore the committee, very lengthy dis- pressure on the interdiction. Even if we a danger that when you smoke pot, cussions, hearings. Another member cannot stop all the drugs coming when you take heroin, when you take and leader of this issue is the gen- across the Mexican border, which we cocaine, when you get drunk, you en- tleman from Ohio [Mr. PORTMAN], who cannot, and even if we cannot stop all danger other people. I thank the chair- has had legislation to bring together the drugs that are coming from Colom- man. the efforts of local government, com- bia to Mexico because the coasts are Mr. HASTERT. I thank the gen- munity-based organizations that are too long, we can put the pressure on tleman from Indiana. It is interesting, combating illicit drugs and drug abuse and reverse a problem that has been you can imagine my shock and chagrin and working to promote prevention happening in Fort Wayne and all over when I went to a place that I had vis- and education in our communities. America and, that is, the price was ited 25, 30 years ago, Zurich, Switzer- b 1930 dropping, the purity was increasing, land which at that time it was a pris- and that was meaning the street price tine city on a beautiful lake shore. He has had hearings already on his was easier for the kids to get, easier for Today that city is not so pristine. legislation, and his proposal and fund- adults to get, more risk to the society, There are addicts in the train stations, ing of that proposal that is probably and it was more potent drugs. By put- there are addicts off in the alleyways. the most effective way of combating ting the pressure on, we not only force The city at one time just recently gave drugs with those successful commu- the pricing structure to change in this away 15,000 free needles for heroin use nity-based programs, not to mention country and the purity structure and a day. Today if you declare yourself as other work. the watering down by making it more an addict in Switzerland, you have a My colleague, the gentleman from difficult for them to get their prices on pension granted to you of 2,500 Swiss Florida [Mr. MCCOLLUM], who chairs the street, but we also put pressure as francs, and it is 1.4 Swiss francs to the the Subcommittee on Crime of the we heard in Peru and other places that dollar. If you have a dog, you get an- Committee on the Judiciary held a they were starting to have the break- other 500 Swiss francs. If you have a hearing recently in San Juan Harbor. throughs after the interdiction pres- wife, you get another 2,500 Swiss Our subcommittee, under Chairman sure went up, after President Fujimori francs. If you have a child you get an- ZELIFF, who chaired the subcommittee instituted his shootdown policy if other 350 Swiss francs. So you can have last year, held a similar hearing. We planes did not respond because the a pension, declare yourself an addict, were trying to put Humpty-Dumpty campesinos were finding that, hey, the have a pension of about $4,000 a month back together again. dealers did not want to take a profit and live and get free heroin. What kind The programs of interdiction, the hit so they were paying them less. And of a message does that send to the rest programs of enforcement, the programs all of a sudden alternative crops to of Europe? What kind of a message of military cooperation, the involve- coca leaves look more attractive if does that send to the world? What kind ment of our Coast Guard, the whole your pricing structure is different. So of a message do our kids get from that picture was destroyed in 2 years when interdiction has to be a critical compo- country? We have enough problems. We the other body took office, other party nent. But so does education and pre- do not have to just point to Switzer- took office, the executive office, and vention. We need to be looking just land. We have enough problems here. then controlled both the House and the like we look at what interdiction pro- But we cannot afford to let countries other body, and we have seen the re- grams are working and not working, who have traditionally been our allies sults of it. we need to look at does this work, does slip into this type of morass. And I have a selfish interest in this. this not work? What can we target in Mr. Speaker, I yield to the gentleman I have children. I come from central the middle schools, clearly the place from Florida [Mr. MICA] who has been Florida, a beautiful area, and I held up where so many kids are at risk and one of the stalwarts in the fight in the last year this headline from the how can we focus in on that? How can against drugs, both in this country and Orlando Sentinel: ‘‘Long Out of Sight, we do better prevention programs to trying in interdiction abroad. Heroin is Back Killing Teens.’’ Central get addicts off and focus on that? Be- Mr. MICA. I want to thank the gen- Florida, tranquil, prosperous area; we cause a lot of these things have such tleman from Illinois, chairman of the are not talking about ghettos or urban high recidivism rates, it is a question Subcommittee on National Security, settings of Los Angeles, New York, De- of how they are working but it does not International Affairs, and Criminal troit. We are talking about peaceful, mean we should not work at treat- Justice of the Committee on Govern- central Florida where heroin is epi- ment. ment Reform and Oversight. I want to demic, where our children are literally Furthermore, and we all know this, take a moment and particularly thank dying in the streets, and under the ultimately in a free society there is him for his leadership. I remember last leadership of Chairman ZELIFF and oth- personal responsibility. Ultimately week we had a discussion on the floor ers who are here tonight came into our people have to take more and more re- about the progress of this session of community last fall and held an inten- sponsibility for their own lives. Fami- Congress and one of my colleagues sive hearing, and helping us get back lies need to be engaged. Churches need said, well, what have you done about on track. to be engaged. Individual teachers and drugs on this side of the aisle, com- Then the problem has not stopped, others who can be an influence on kids menting to us, and that we had not and the problem continues, and this is where they may not have the family done enough. I had to remind the gen- last week’s Orlando Sentinel article: structure or have the means or any- tleman that just in the few months of ‘‘Orlando No. 2 in Cocaine Deaths.’’ body taking them to a church. As this this session under the leadership of the This is just last week. One thousand country, we need to change this, be- chairman, the gentleman from Illinois, eleven people died, up 7 percent in cause it is tearing us at the core like a we have held more hearings than were Florida, from cocaine; over a thousand cancer and it is a war coming at us held in the entire first Congress when I potentially useful children, fathers, more dangerous than any other war as came from 1993 to 1994, my first term, mothers, their lives destroyed because the chairman clearly demonstrated in that the leadership that Chairman of what is going on. And part of this his statistics. We cannot say, ‘‘Oh, I’m HASTERT has provided is unprece- does relate back to this policy of just bored with this drug problem, I’ve dented. He has had before his sub- say maybe. heard this before, can’t you talk about committee that oversees national drug I am very concerned about what I something else?’’ It is not going to go policy just in the past few months the have heard, what the chairman has away. It is going to be there. It is a drug czar for very lengthy, in fact outlined tonight, this policy that we constant battle because evil will be many hours of questioning not only in have seen in Switzerland of just say try there. The struggles that everybody formal hearings but numerous meet- it. goes through, the temptation to try to ings, countless meetings and work and Now we have an administration in cop out of your problems by getting cooperation with the drug czar. With this country that appointed a national high is a human temptation. But this this administration, he has had the Di- health officer, the Surgeon General, is an insidious one. It is not a freedom rector and Administrator of DEA be- Jocelyn Elders, who said just say H1876 CONGRESSIONAL RECORD — HOUSE April 24, 1997 maybe, and we see where it has gotten the heroin that is coming into this American companies help put the pres- us today with epidemic use of heroin, country. He worked to bring to the sure on this, too, because it is a dis- cocaine, methamphetamines, designer floor the first decertification measure turbing international trend, and I drugs with our youth, and now we have ever heard in the House of Representa- would hope that they can learn from a good example that the chairman has tives or ever passed by the House of some of our experiences here. brought before the Congress tonight, a Representatives. Mr. HASTERT. I would hope so, and very bad thing that happened in an- So he has helped to put Humpty- I hope that they learn from our good other country when the Swiss Govern- Dumpty back together again, and he experiences. But you are right on tar- ment, in fact, said just say try it, and brings to the floor tonight, to the at- get. You know we have about 36, al- they tried it, and the result is a disas- tention, Mr. Speaker, of you and our most $37 billion of Swiss investment in ter. colleagues a great example of a bad ex- the United States so we are dealing So there are those now that want to periment, and that was to just say try with Swiss companies day in and day legalize drugs that say this is the pana- it, to just legalize drugs. Switzerland out, and we probably ought to send a cea, and we see the experience of this tried it, it is a disaster. We do not need message. country, and it is not a Third World to be listening to those voices. You know, it is not everybody has country. It is Switzerland, a very so- So again, Mr. Speaker, I salute the been coopted in Switzerland by this. I phisticated country, very sophisticated gentleman on what he has done and the worked with a woman by the name of economic system, and we are not talk- leadership he has brought to this issue Dr. Francesca Haller who had led this ing again about just urban problems, and to our Congress. He has done a re- group, and it is called Youth Against but they have tried it, it does not markable job. Drugs. They have an initiative that work, and their people are demanding a Mr. HASTERT. I thank the gen- they are trying to move in the Swiss referendum, and the referendum is tleman. One of the things that he was legislature, the Swiss Parliament, even called Youth Without Drugs, and they remiss in saying was that he was a as we speak, and they hope that this intend to repeal this government pol- sponsor of a bill that said we need to referendum comes sometime in Sep- icy. look at what is happening between our tember or October, that time period, So those who would like to say just country and another country, a close but they have 140-some thousand peo- say maybe, or just say try it, we have neighbor, Mexico. He and a colleague ple who signed this petition saying: a great example of a bad reaction to a from Florida, [Mr. SHAW], sponsored a ‘‘You know, we don’t want drugs in our program that did in fact fail. very tough piece of legislation, and we country. We’re going to fight to stop Now it is easy to come and to criti- are not done with that yet. So we real- drugs.’’ cize what has been done, and we make ly appreciate his efforts and his strong But it is amazing, it is just abso- no bones that we are not pleased with antidrug stance. lutely amazing that, you know, there what happened in the first 2 years of At this time I yield again to the gen- is three languages that are spoken in the past administration here. But what tleman from Indiana [Mr. SOUDER]. Switzerland, and the German-speaking have we done? And let me tell you Mr. SOUDER. I wanted to again point newspapers have been for liberaliza- when the new majority took this re- out that this is not something new. tion, and liberalization is a code word sponsibility on, that the current Chair, Interesting historical footnote: My for legalization of drugs, and there has the gentleman from Illinois [Mr. first job here in Washington was Re- been a lot of suspicion that the people HASTERT], was appointed by the leader- publican staff director of the Children who serve on those boards of directors ship to direct a House-wide effort to co- Family Committee in Washington, and of newspapers are also boards of direc- ordinate all the resources of the House when the gentleman from Illinois [Mr. tors of the Swiss banks, Swiss banks of Representatives and the various HASTERT], who had been involved in Il- that we have always held up as being committees of jurisdiction to again put linois with human services issues like the epitome of solid issues until of Humpty-Dumpty back together again this, came and we worked together course the Nazi gold issue came for- to make certain that interdiction was there, we were already focusing on al- ward. And now we know that Swiss restored, to make certain that our cohol abuse, on crack babies being banks harbored millions of dollars of military and our Coast Guard had the abandoned in hospitals. The gentleman drug money that came from Mexico capability to become involved, to make from Florida [Mr. MICA] who was a and was in the account of a fellow by certain that the eradication programs chief of staff here in Washington the name of Salinas that we have heard and these source countries were re- worked with a lot in drafting the origi- of before; and there is a real suspicion stored, to make certain that treatment nal antidrug legislation through the out there that the Swiss banks are programs were not just spending a 1980’s in the U.S. Senate. This has been pushing the Swiss newspapers, the Ger- great deal of money but we were con- a longtime commitment, and we can- man-speaking newspapers, to legalize centrating on putting the money into not back off as Americans. drugs so that they can be the holders effective treatment programs. And And what is so frustrating when we and the movers of illegal drug money. then education, which is so important, hear these stories like in Switzerland And if that comes and happens, it is that other part of this four-legged is do we not learn anything? When you just not a Swiss problem, it is not only stool, that that in fact also be properly were saying that behavior was in effect an American problem, but it is a huge funded and addressed, and the pro- being rewarded, what one thing we international problem, and I think that grams that are a success that had the have learned over and over in our coun- is something that we have to be very, support of this Congress. try, and I say this as somebody who very cautious against, we have to make So the Speaker of the House of Rep- has a German background and partly sure that that does not happen, and it resentatives appointed Mr. HASTERT. Swiss and who always looked at the is just a huge thing that the world fi- Now we are privileged to have him Swiss as an international model. To nancial system has a possibility of get- chair this Oversight and Investigation hear this type of thing is so disturbing. ting embroiled in. Subcommittee, national security, We have seen it with gangs. If you say And as I said before, the ability to international affairs, criminal justice, you are going to get such and such, move money from country to country that has authority over our drug pol- what you get is more kids joining is the whole key to drug narco-traffick- icy, and each of the elements have in gangs to get the things. If you give ers being able to move their products fact been restored. He has fought to get benefits to things, people come and from South America to the United the funds back so that the military can abuse it more. You do not get them off. States, from South America to Europe, become involved in this. He has re- And I hope you will share more on from Asia and Thailand and Burma and stored the cuts. The first thing Presi- some of those articles, but this is very India, you know, to Turkey, to Europe. dent Clinton did was cut the drug disturbing that a country that has been All these things have these huge inter- czar’s office and staff and capability, held up as an example and held up in connections, and the drug trafficking is and he has worked to restore that of- my family and our heritage and in our only the other side of the coin from the fice. He has worked to bring the Coast region and also in the whole world, I whole issue of being able to move Guard back into the action on some of think this is really important that money or drug laundering. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1877 The gentleman from Florida. gentleman would be interested to For instance, Asea Brown Boveri in Mr. MICA. If the gentleman will know, my weekend in Switzerland and Virginia and Indiana and North Caro- yield, I was quite shocked about this during that period I gave about three lina; New Jersey, Florida, and Ohio. Swiss experiment, and I have also been workshops and a major speech, and ABB should be asked to publicly oppose a harsh critic of the lax attitude by some interviews. I talked to one Swiss heroin legalization if they are going to both our President and this adminis- school teacher who taught in a grade continue to do business in America. tration on the question of even a cas- school, public grade school. She lost Mr. Speaker and my colleagues, let ual drug use, and that is not only her job for warning her students me add that a few other Swiss compa- translated into what our kids have against heroin use after one of her stu- nies that do business in America heard in our country, but I was stunned dents died from an overdose. should be asked to stand up and oppose to find out and get a copy of a billboard My colleagues can imagine the pres- heroin legalization in Switzerland. which is in downtown Zurich, Switzer- sure that school boards are under as a AGIE USA in North Carolina; Swiss land. result of this liberalization, when a Alamo Cement Co. in San Antonio, I do not know if my colleagues and teacher is fired who warns her students Texas; and ASA Aerospace Company in the Speaker can see it, but this bill- not to use drugs after one of their New York; and the ASCOM Holding board in downtown Zurich says in Ger- classmates died, and this is an insid- Company in Connecticut; all of those man, and I will translate it; it says ious thing and it is happening right companies are doing business here and ‘‘Bill Clinton used one marijuana joint, now. they have an influence back home. and look, he’s not a junkie. What’s the One of the things that we have to The relationship between the United big deal?’’ look at, Mr. Speaker, and certainly my States and Switzerland is very close. And this is the kind of justification colleagues, if we do not agree with her- We ought to stand up and say, no, in and commentary that was used to sup- oin legalization, and I have to say we this country. They ought to stand up port this legalization effort in Switzer- talked about what happened in Califor- and say, no, in their own home country land in billboards, and here’s a copy of nia on the legalization of marijuana for of Switzerland. one in Zurich, and I think that that is glaucoma and pain relief. Our friends Mr. SOUDER. Mr. Speaker, I wanted a sad commentary, and this program in Arizona also passed legislation. The to reinforce that point as we look at again has been such a failure that the Arizona Legislature just turned that the heroin problem and what can be- Swiss are demanding that it be re- around, much to their credit. come a rogue nation when one nation pealed. But when we have the leader of But we can say something. I would starts to legalize heroin and how it can our administration sending the wrong say if we do not agree with heroin le- move. I know you have been in Asia signals by appointing a chief health of- galization, if we think that administer- and I was in Thailand as well, and in ficer, by saying that he might inhale, ing to thousands of young people this the Golden Triangle area much of the and then this is translated into support ability for them to get marijuana, heroin goes through. There is a con- for a program in another country that using propaganda like the gentleman cern, for example, in our agencies over is used for justification of legalization, used, certainly is not a great credit to there that as most likely normaliza- we have the big problem. our country or to Switzerland. tion occurs with Vietnam, that the So they have tried it, it does not I recommend that probably the heroin could move down and move out work. Their countrymen are asking for Speaker and our colleagues, we ought of there. this to be, for this program to be re- to call the Ambassador, Alfred Defago, Would it not be ironic with some of pealed, and we see a bad example that at the Embassy of Switzerland, right our slowdown in working with Viet- should not be repeated in this country. here in the United States, right here in The other thing, too, is the lax atti- nam, that we are concerned about how Washington, if we believe that the tude is really creating even more prob- tourism might bring drugs in, but if we Swiss companies, who have had the lems in this country. There is a report see these types of things happening in privilege of doing business in the Unit- just released by the Partnership for a countries like Switzerland, we have to ed States, would know that we dis- Drug-free America and these statistics look at our relationships of how it goes approve of heroin legalization. We ex- are startling. over and comes back. pect them to speak out, too. They This is a critical international issue. b 1945 should speak out in this country and in Nigeria has turned into a rogue agency There are key findings of 9- to 12- Switzerland. that I hear a lot about, and I appeal to year-olds. They found in this Partner- The laws that these companies have a lot of my fellow Hoosiers. As I said, ship Study that more teenagers are to live under here where we have drug I am not Swiss bashing, I am part using drugs. In 1996, last year, one in protection for workers and people who Swiss. Mostly German, part Swiss. In four children was offered drugs. That is buy the products that these workers my district, Bern, for example, where I 24 percent of the 9- to 12-year-olds in make, they do not exist in Switzerland, annually go for Swiss days, we have a 1996 compared to 19 percent in 1993. because the Swiss have not signed an lot of Anabaptists who are predomi- Trial use of marijuana last year in- agreement with the European Union, nantly of Swiss and German back- creased among children from 2 to 4 per- and they have not signed an agreement ground. cent. It is an increase of approximately for the other European communities Here is something that you can do. 230,000 children experimenting in 1995 such as Holland and Sweden, who have Contact these companies. Ciba-Geigy is to 460,000 children experimenting in had to virtually clean up their act be- a very big company. We need to keep 1996. Eight percent of sixth graders had cause of this cooperation between Eu- the pressure on some of these big com- experimented with marijuana and 23 ropean nations. panies. None of us can be accused of percent of seventh graders and 33 per- Switzerland is completely independ- not keeping the pressure on here in cent of eighth graders reported trying ent, and the newspapers in Switzerland America. We have an international drugs. Only 29 percent of parents of called the people who were trying to stake in this, too. children age 9 to 12 are talking to their change the drug policy and push this I commend the gentleman and want kids about drugs, and fewer children issue of Youth Against Drugs, they to reinforce contacting these different are receiving information about the called them just insidious names such companies. In Indiana, ABB is a direct dangers of drugs. as psycho gangs, because they were company with involvement in Indiana. So what we have done is put drugs on psychologists and doctors that are try- We just need to keep the pressure on. the back burner. We have not sent the ing to change this situation. They are not necessarily hostile at this right message. In fact, we have sent I think Swiss companies who have point, but we need to move on it. the wrong message, not only to our had the privilege of doing business here Mr. HASTERT. Mr. Speaker, in Min- children, but now overseas, and we see need to hear it from American citizens nesota, our Members from Minnesota the results and its tragic consequence who buy their products. Some of the might consider calling the Brudier Co. in our youth population. Swiss companies that are involved are and tell them to take a stand in favor Mr. HASTERT. Mr. Speaker, my col- right here doing business in the United of Youth Against Drugs in Switzerland. league was talking about schools. The States. We talked about our tourist trade. H1878 CONGRESSIONAL RECORD — HOUSE April 24, 1997 Swiss hotels that are across this coun- United States interests, we will do LEAVE OF ABSENCE try in Chicago and other big cities, that. We are not going to let what hap- By unanimous consent, leave of ab- people who fly on Swiss Air, evidently pened there happen here, and this is sence was granted to: in Switzerland, those pilots are not re- the evidence as to why we should not Mr. HOEKSTRA (at the request of Mr. quired to take drug tests because it is let that take place. ARMEY), for today, on account of ill- against the law in Switzerland to re- Mr. HASTERT. Mr. Speaker, I think ness in the family. quire somebody to take a drug test. I that is really an important point. I Mr. MANZULLO (at the request of Mr. would think twice before I wanted to think that is one of the things we need ARMEY), for today, on account of ill- fly in that type of a situation. to look at. ness in the family. People who go on ski vacations in Mr. Speaker, for hundreds of years Mr. PORTER (at the request of Mr. Switzerland, there are literally tens of we looked to the Swiss for chocolate ARMEY), for today, on account of medi- thousands of Americans that do it. and we looked to them for Swiss cal reasons. There is no protection against the guy watches and Swatches and things like Mr. YATES (at the request of Mr. GEP- that runs the ski lifts and protect peo- that. We also respected the integrity of HARDT), for today, on account of back ple on those slopes that somebody in the Swiss banks. pain. there is not on drugs. Of all of the During the Hitler era, the Jews trust- Ms. VELA´ ZQUEZ (at the request of Mr. thousands of people who are drug free, ed the Swiss to protect their accounts GEPHARDT), for today, on account of ill- it only takes one person who is a her- from the Nazis. However, after the war, ness in the family. oin addict who cannot be tested be- the Swiss took bank deposits of mur- Mr. CLEMENT (at the request of Mr. cause of Swiss law and can cause real dered holocaust victims and funneled GEPHARDT), for today, on account of of- problems in those areas. Mr. SOUDER. Mr. Speaker, it is in- them to Swiss businessmen to cover as- ficial business in the district. conceivable to me that they do not sets seized by East European Com- f munist regimes. drug test pilots. That is literally flying SPECIAL ORDERS GRANTED blind. Sometimes ignorance is not According to recent news reports, By unanimous consent, permission to bliss. In other words, it is like we do while the Swiss Bankers Association address the House, following the legis- not want to know whether they are admits to $32 million in diverted depos- lative program and any special orders abusing drugs, and then if you see a so- its, the World Jewish Congress believes heretofore entered, was granted to: ciety already having these trends, I the figure may be as high as $7 billion. (The following Members (at the re- would think it would be more of a rea- But in 1992, the Swiss bank secrecy quest of Mr. PALLONE) to revise and ex- son to drug test, not less of a reason. laws, which had concealed the diver- Mr. HASTERT. I think the pressure sion of these funds, were repealed, and tend their remarks and include extra- could start here in the United States. this change removed Switzerland from neous material:) You talked about Ciba-Geigy. I think a short list of countries whose banks Mr. FILNER, for 5 minutes, today. we could call the president of Ciba- are capable of masking deposits deliv- Mr. PALLONE, for 5 minutes, today. Geigy, Doug Watson, and tell him to ered from such illicit sources as drug (The following Members (at the re- stand up against the legalization of profits. quest of Mr. PICKERING) to revise and drugs in Switzerland. Perhaps hundreds Some countries, like the Republic of extend their remarks and include ex- of other Swiss companies who benefit Seychelles, have banking laws that traneous material:) from trade from the United States, permit large deposits of suspected Mr. WELDON, for 5 minutes, today. Americans Against Heroin Legalization money. Although there is no direct evi- Mr. HORN, for 5 minutes, today. could call the Swiss Bank, Swiss Cred- dence that Switzerland may be joining Mr. HULSHOF, for 5 minutes, today. it, or Credit Swiss, the big bank that these ranks, legalized drugs could nor- f has been silent on this issue that cer- malize financial transactions with drug EXTENSION OF REMARKS tainly should be vocal in supporting kingpins. By unanimous consent, permission to Youth Against Drugs in Switzerland. So one of the things we need to be revise and extend remarks was granted Credit Swiss should be vocal in Swit- careful of, if Switzerland does legalize to: zerland to stop the legalization of her- drugs and legalize heroin, then the (The following Members (at the re- oin. profits from those drugs can be moved quest of Mr. PALLONE) and to include In New York, Robert O’Brien is the into Swiss banks and that money can extraneous matter:) regional head of Credit Swiss. In Los be transferred all over the world. Thus, Mr. SKELTON. Angeles, the Credit Swiss head is David the drug money that happens in the Mr. MOAKLEY. Worthington. In Florida, Max Lutz, United States or Mexico or Thailand, Mr. FARR. who represents senior management at moved into the wire system, moved to Mr. KUCINICH. Credit Swiss. Those people should Swiss banks. Mr. DAVIS of Illinois. know that Members of Congress do not So I think that is something that is really appreciate that. Mr. HOYER. very, very treacherous, something that Mr. DOYLE. Mr. MICA. Mr. Speaker, I would just we need to be very, very careful about. like to, as we close up, remind folks Mr. BERMAN. Our committee will be looking into Mr. FRANK of Massachusetts. that what this experiment in Switzer- this, will be working on this, and I land, a beautiful country, you think of Mr. VENTO. hope that we will have another special the Swiss Alps and mountain chalets Mrs. THURMAN. order on this issue. and peaceful living. Mr. MCNULTY. Let me read from this. In one park, I would encourage Mr. Speaker and Mr. RAHALL. the number of addicts grew to 15,000 all of the rest of my colleagues to be Mr. VISCLOSKY. daily that came for free needles. Swit- sensitive to this. Talk to these Swiss Mr. KILDEE. zerland, again, a placid European tran- companies, be involved, and let us turn (The following Members (at the re- quil State, Switzerland now has the this around, turn it around in Switzer- quest of Mr. PICKERING) and to include highest heroin addiction rate in Europe land because Switzerland is so impor- extraneous matter:) and the second highest HIV infection. tant to this country. We can turn it Mr. LEWIS of California. That is with the free needles, with the around in this country as well. Mr. EHRLICH. free heroin. So they have tried it. It is We are not without fault, we have Mr. DAN SCHAEFER of Colorado in two a disaster for their people. our problems, but we cannot let other instances. We are joining their people who are countries slip into this type of a situa- Ms. PRYCE. now calling for a referendum to repeal tion as well. Mr. GALLEGLY. this. Again, a good example of a pro- I certainly appreciate my colleagues Mr. COOK. gram that went bad. from Indiana and Florida for joining us Mr. SMITH of Michigan. So I join my colleagues in whatever this evening on this very, very impor- Mr. DAVIS of Virginia in two in- pressure we need to put on the Swiss, tant issue. stances. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1879

Mr. QUINN in two instances. For Further Information Contact: Execu- referenced final decisions are those described Mr. HERGER. tive Director, Office of Compliance, Room in section 416(f) of the CAA. As section 416(f) Mr. HOUGHTON. LA 200, 110 Second Street, S.E., Washington, of the CAA makes clear which final decisions D.C. 20540–1999. Telephone No. 202–724–9250. must be made public and grants the Board Mr. SHUSTER. TDD/TTY: 202–426–1912. complete discretion as to publication of (The following Members (at the re- SUPPLEMENTARY INFORMATION other final decisions, procedures for chal- quest of Mr. SOUDER) and to include ex- I. Background. lenging determinations regarding publica- traneous matter:) tion are not warranted. The Congressional Accountability Act of Mr. NEY in two instances. 1995 (‘‘CAA’’ or ‘‘Act’’) was enacted into law C. Section 5.01—Complaints. Mr. HYDE. on January 23, 1995. In general, the CAA ap- For the reasons set forth in Section Mr. LANTOS. plies the rights and protections of eleven fed- III.C.10., infra, section 5.01(b)(2) will not be Mr. HINOJOSA. eral labor and employment law statutes to modified to require the General Counsel to Mr. MENENDEZ in six instances. covered employees and employing offices conduct a follow-up inspection as a pre- Mr. FORD. within the Legislative Branch. Section 303 of requisite to filing a complaint under section 215 of the CAA, as requested by a com- Mr. BALLENGER. the CAA directs that the Executive Director menter. Mr. HOSTETTLER. of the Office of Compliance (‘‘Office’’) shall, subject to the approval of the Board of Direc- D. Section 5.04—Confidentiality Ms. DEGETTE. tors (‘‘Board’’) of the Office, adopt rules gov- Mr. MILLER of California. One commenter suggested that section 5.04 erning the procedures for the Office, and may be modified to clarify that proceedings be- Mr. LAHOOD. amend those rules in the same manner. The fore Hearing Officers and the Board are not Mr. BLUNT. procedural rules currently in effect, ap- confidential. However, with certain excep- Mr. THOMPSON. proved by the Board and adopted by the Ex- tions, pursuant to section 416(c) of the CAA, Mrs. MORELLA. ecutive Director, were published December such proceedings are confidential and, there- Mr. CRANE. 22, 1995 in the Congressional Record (141 fore, the proposed rule cannot be modified as Mr. COLLINS. Cong. R. S19239 (daily ed., Dec. 22, 1995)). suggested by the commenter. However, the Mr. LEWIS of Georgia. Amendments to these rules, approved by the rule will be clarified to note the statutory Board and adopted by the Executive Direc- Ms. VELA´ ZQUEZ. exceptions to the confidentiality require- tor, were published September 19, 1996 in the ment. In addition, at the suggestion of an- Mr. BROWN of California. Congressional Record (142 Cong. R. H10672 other commenter, the rule will be modified Mr. VISCLOSKY. and S10980 (daily ed., Sept. 19, 1996)). The re- to cross-reference sections 1.06, 1.07 and 7.12 Mr. CLAY. visions and additions that follow establish of the procedural rules, which also relate to Mr. SHERMAN. procedures for consideration of matters aris- confidentiality. Mr. WELDON of Pennsylvania. ing under Parts B and C of title II of the III. Consideration of Comments and Conclusions Mr. BLILEY. CAA, which became generally effective Janu- Regarding Section 215 Procedures. ary 1, 1997. A. Promulgation of the proposed amendments b 2000 Pursuant to section 303(b) of the CAA, the as substantive regulations under section Executive Director published for comment a ADJOURNMENT 304. Notice of Proposed Rulemaking (‘‘NPR’’) in Mr. SOUDER. Mr. Speaker, I move the Congressional Record on January 7, 1997 Two commenters restated objections to the that the House do now adjourn. (143 Cong. R. S25–S30 (daily ed., Jan. 7, 1997)) Board’s decision in promulgating its sub- The motion was agreed to; accord- inviting comments regarding the proposed stantive section 215 regulations (143 Cong. R. S61, S63 (daily ed., Jan. 7, 1997)) not to adopt ingly (at 8 o’clock p.m.), under its pre- amendments to the procedural rules. Four comments were received in response to the the Secretary’s rules of practices and proce- vious order, the House adjourned until dure for variances under the OSHAct (part Monday, April 28, 1997, at 2 p.m. NPR: Three from Congressional offices and one from a labor organization. After full con- 1905, 29 C.F.R.), and the Secretary’s regula- f sideration of the comments received, the Ex- tions relating to the procedure for conducting inspections, and for issuing and contest- ecutive Director has, with the approval of NOTICE OF ADOPTION OF AMEND- ing citations and proposed penalties under the Board, adopted these amendments to the MENTS TO PROCEDURAL RULES the OHSAct (part 1903, 29 C.F.R.) as regula- procedural rules. tions under section 215(d)(2) of the CAA. The U.S. CONGRESS, II. Consideration of Comments and Conclusions arguments offered by the commenters are OFFICE OF COMPLIANCE, Regarding Amendments to Existing Rules. substantially the same as those rejected by Washington, DC, April 18, 1997. A. Section 1.04(d)—Final Decisions. the Board in its rulemaking on this issue (143 Hon. NEWT GINGRICH, Cong. R. at S63). The Board has fully ex- Speaker of the House, U.S. House of Represent- One commenter noted that, although sec- plained its decision not to adopt Parts 1903 atives, Washington, DC. tion 1.04(d) provides that the Board will make public final decisions in favor of a and 1905, 29 C.F.R., as regulations under sec- DEAR MR. SPEAKER: Pursuant to Section tion 215(d) of the CAA, and for rejecting the 303 of the Congressional Accountability Act complaining covered employee, or charging arguments made by the commenters. The of 1995 (2 U.S.C. § 1383), I am transmitting the party under section 210 of the CAA, as well Board did not consider the Secretary’s regu- enclosed notice of adoption of amendments as those that reverse a Hearing Officer’s de- lations governing inspections, citations, and to the Procedural Rules of the Office of Com- cision in favor of a complaining employee or charging party, section 1.04(d) does not spe- variances to be outside the scope of rule- pliance) for publication in the Congressional making under section 304 because they were Record. cifically provide that decisions in favor of an employing office will be made public. Rath- ‘‘procedural’’ as opposed to ‘‘substantive.’’ The Congressional Accountability Act Instead, the Board did not adopt these regu- specifies that the enclosed amendments be er, such decisions may be made public in the discretion of the Board. The commenter sug- lations because they were promulgated to published on the first day on which both implement sections 8, 9, and 10 of the Houses are in session following this trans- gested that the rules should provide either that all or none of the decisions be made OSHAct, statutory provisions which are not mittal. ‘‘referred to in subsection (a)’’ of section 215. Sincerely, public, asserting that, if section 1.04(d) were not so modified, there would be ‘‘inconsist- Accordingly, these regulations are not with- RICKY SILBERMAN, in the scope of the Board’s rulemaking au- Executive Director. ent access’’ to decisions and ‘‘the impression that the Board’s procedures are weighted thority under section 215(d)(2). 143 Cong. R. OFFICE OF COMPLIANCE against employing offices.’’ Proposed section at S63–64. Thus, the question whether the The Congressional Accountability Act of 1.04(d) is identical to section 416(f) of the proposed regulations should have been issued 1995: Amendments to Procedural Rules CAA, and its language, therefore, should not under section 304 of the CAA cannot be addressed by the Executive Director in the con- NOTICE OF ADOPTION OF AMENDMENTS TO and will not be altered, whatever the Board’s ultimate practice with respect to the publi- text of this rulemaking. PROCEDURAL RULES Because the Board has determined that cation of decisions in favor of employing of- Summary: After considering the comments regulations covering variances, citations, fices. to the Notice of Proposed Rulemaking pub- and notices cannot be issued under section lished January 7, 1997 in the Congressional B. Section 1.07(a) 215(d), the question is whether such regula- Record, the Executive Director has adopted One commenter suggested that, if section tions may be issued by the Executive Direc- and is publishing amendments to the rules 1.04(d) were not modified to provide for pub- tor under section 303. The essence of the governing the procedures for the Office of lication of all decisions, the term ‘‘certain commenters’ argument in this rulemaking is Compliance under the Congressional Ac- final decisions’’ in section 1.07(a) should be that the Executive Director cannot do so be- countability Act of 1995 (P.L. 104–1, 109 Stat. defined and procedures should be established cause the procedures affect substantive 3). The amendments to the procedural rules to challenge Board determinations regarding rights of the parties. The commenters’ posi- have been approved by the Board of Direc- the publication of decisions. Section 1.07(a) tion is based on the substance-procedure dis- tors, Office of Compliance. has been modified to make it clear that the tinction that they believe demarcates the H1880 CONGRESSIONAL RECORD — HOUSE April 24, 1997 boundary between rulemaking under sec- Counsel’’ are inappropriate on the theory to pass upon the qualifications of individuals tions 215(d) and 304 and rulemaking under that the CAA does not authorize the General chosen by the General Counsel to conduct in- section 303. Counsel to delegate his duties. To the extent spections through a specified process. Noth- As noted above, the Board did not exclude that the commenters are arguing that the ing in the CAA or the OSHAct authorizes the subjects of variances, citations, and no- General Counsel is prohibited from assigning adoption of such a procedure, and such a pro- tices from its rulemaking based on a sub- or designating others to perform the inspec- vision would interfere unduly with the Gen- stance/procedure distinction, but because the tions and other responsibilities under section eral Counsel’s enforcement responsibilities. Secretary’s regulations covering these sub- 215 of the CAA, such an argument is refuted Adoption of procedures to micro-manage the jects were not within the scope of section by section 302(c)(4) of the CAA, which ex- General Counsel’s operations in this area 215(d). Similarly, the Executive Director is pressly authorizes the General Counsel to would be improper in the absence of any not barred from promulgating rules govern- ‘‘appoint * * * such additional attorneys as statutory authority. ing the procedures of the Office simply be- may be necessary to enable the General C. Inspections, Citations, and Complaints. cause those procedures might affect the sub- Counsel to perform the General Counsel’s du- 1. Objection to inspection, entry not a waiv- stantive rights of the parties. ties.’’ 2 U.S.C. § 1382(c)(4). Similarly, 215(c) of er, advance notice of inspection, require- Contrary to the commenters’ arguments, the CAA provides that the General Counsel ment of ex parte administrative inspection the Board’s earlier statement (in the context exercises the ‘‘authorities granted to the warrants (sections 4.04, 4.05, and 4.06) Secretary of Labor’’ by subsections (a), (d), of its rulemaking under section 220(d) of the Three commenters requested that the Ex- (e), and (f) of section 8 of the OSHAct, and CAA) that rules governing procedures can be ecutive Director issue regulations requiring sections 9 and 10 of the OSHAct. Those sec- substantive regulations is not controlling the General Counsel to provide advance notions in turn recognize that the Secretary with respect to the present issue. In its rule- tice of an inspection to employing offices or may act personally or through an ‘‘author- making proceeding under section 220(d), the to seek a warrant before conducting a non- ized representative’’ with respect to many of Board determined that the subject matter of consensual search of employing offices. One the Federal Labor Relations Authority’s reg- these functions. See 29 U.S.C. §§ 657(e),(f), and commenter argued that the Supreme Court’s ulations, including certain regulations pur- 658(a). Thus, the proposed regulation is not decision in Marshall v. Barlow’s, Inc., 436 U.S. porting to govern procedures of the Author- inconsistent with section 215 of the provi- 307 (1978), which held that the Fourth ity, were within the plain language setting sions of the OSHAct incorporated there- Amendment’s protection against unreason- forth the scope of rulemaking under section under. able searches and seizures applies to non- One of the commenters also argued that 220(d). The question raised by the com- consensual inspection of private commercial the General Counsel may not utilize menters in that rulemaking was whether property, applies to administrative inspec- detailees or consultants in carrying out his regulations falling within the scope of sections of legislative branch employing offices duties, because section 302 of the CAA gives tion 220(d) were nevertheless excluded be- by another legislative branch entity; the the Executive Director the authority to se- cause of their procedural label or character. commenter further argued that the rules cure the use of detailees. However, section The Board decided that they were not so ex- should require that the General Counsel first 302 does not limit the functions to which cluded, and its statement that procedural notify the employing office of the intent to these detailees may be assigned within the rules can be considered substantive regula- inspect, obtain written consent prior to in- Office. Similarly, although the Executive Di- tions was made in that context. See 142 Cong. spections, and schedule an appointment with R. S5070, 5072 (daily ed., May 15, 1996). Con- rector may procure the temporary services employing offices for such inspections. The versely, in its rulemaking under section of consultants ‘‘[i]n carrying out the func- other commenter argued that, regardless of 215(d), the Board determined that certain tions of the Office,’’ nothing in the CAA sug- whether the Fourth Amendment’s protection regulations were not within the scope of rule- gests that the Executive Director is barred applies equally to congressional offices, making under section 215(d), and it rejected from obtaining and approving the services of similar privacy interests apply to employing the argument that regulations not falling consultants to assist the General Counsel in offices to enable them to conduct their legis- within the scope of section 215(d) should nev- performing his duties. Indeed, the com- lative business free from unreasonable ertheless be included because of their sub- prehensive inspections of Legislative Branch searches. These commenters asked that the stantive label or character. Thus, contrary facilities were performed in large part procedural rules include provisions similar to the commenters’ arguments, there is no through the use of detailees and consultants to those of section 1903.4 of the Secretary’s inconsistency in the underlying rationale of assisting the General Counsel. The com- rules, which were amended to authorize the the Board in these two rulemakings. The menters were aware of this use of consult- Secretary to secure an ex parte administra- Board’s preambulatory remarks as part of ants for this purpose. No claim was made tive warrant upon refusal to consent to a the section 220(d) rulemaking seized upon by that such inspections could not be conducted search in response to the Barlow’s decision. the commenters, when read in context, do with the assistance of consultants. See 45 Fed. Reg. 65916 (Oct. 3, 1980) (Final More to the point, the General Counsel is not control the question here. rule amending section 1903.4, 29 C.F.R.). The The question whether these rules can be statutorily responsible for exercising the au- third commenter also requested that the promulgated under section 303 must begin thorities and performing the duties of the final regulations include the compulsory and end with the language of the statute. General Counsel as specified in section 215 process/ex parte administrative warrants Section 303(a) provides that ‘‘[t]he Executive and is accountable for decisions made there- provisions of section 1903.4, but did not ex- Director shall, subject to approval of the in. The proposed regulatory sections do not plain how inclusion of such a provision Board, adopt rules governing the procedures purport to delegate the General Counsel’s would be authorized by section 215 of the of the Office, including the procedures of statutory responsibilities to others. The reg- CAA. hearing officers, which shall be submitted ulations simply recognize that the General It is not entirely clear that the Fourth for publication in the Congressional Counsel may utilize others to enable him to Amendment’s protections that bar the Record.’’ 2 U.S.C. § 1383(a). The regulations in perform certain functions within those re- warrantless search of commercial premises issue plainly meet these criteria. So long as sponsibilities (such as assisting in conduct- apply (or apply with equal force) to inspec- the Executive Director’s regulations meet ing investigations and inspections). tions of a legislative branch office by an- The commenters’ implicit argument that these criteria, the regulations may be pro- other legislative branch entity, albeit an the CAA requires the General Counsel to mulgated under this authority, whether they independent one. The protections of the solely and personally perform those functions affect substantive rights or not. Fourth Amendment were designed to protect is, quite simply, wrong. It is clear that Given the Board’s decision not to promul- privacy interests against intrusion by the ‘‘those legally responsible for a decision gate regulations governing the subject of government; it is, therefore, not obvious must in fact make it, but that their method variances, citations, and notices under sec- that they apply to prohibit one legislative of doing so—their thought processes, their tion 215(d), if the Executive Director accept- branch enforcement entity (the General reliance on their staffs—is largely beyond ju- ed the commenters’ arguments and did not Counsel) from conducting an investigation of dicial scrutiny.’’ Yellow Freight System, Inc. issue these rules under section 303, it would another legislative branch entity (an indi- v. Martin, 983 F.2d 1195, 1201 (2d Cir. 1993), mean, for example, that no procedures would vidual employing office). To be sure, there quoting KFC National Management Corp. v. exist by which variances may be considered may be portions of an employing office to NLRB, 497 F.2d 298 (2d Cir. 1974), cert. denied, by the Board. The Executive Director be- which individual persons’ expectations of 423 U.S. 1087 (1976). Thus, the decision to as- lieves that such a procedure should be pro- privacy may attach. See, e.g., O’Connor v. sign or designate others (such as other attor- vided employing offices. Because promulga- Ortega, 480 U.S. 709 (1987) (expectation of pri- neys in the Office, detailees or others) to per- tion of such procedures is within the scope of vacy in public employee’s desk, files, and form functions related to the General Coun- areas within his exclusive control); the Executive Director’s rulemaking under sel’s ultimate decisions under section 215 Schowengerdt v. General Dynamics Corp., 823 section 303, there is no basis upon which the (e.g., whether to issue a citation, a notice F.2d 1328, 1335 (9th Cir. 1987) (reasonable ex- Executive Director should refuse to address and/or a complaint in a particular case) is pectation of privacy found to exist in areas these matters under section 303. not prohibited by the CAA or subject to re- of government property given over to an em- B. References to the General Counsel’s des- view by individual employing offices, as ar- ployee’s exclusive control). But it is ques- ignees. gued by the commenters. tionable whether an employing office, as a Two commenters argued that references in One of the commenters argued that em- covered entity (as distinguished from the in- the regulations to ‘‘designees of the General ploying offices should have an opportunity dividuals holding positions within the office April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1881 or working there), would be found to possess notice of inspections is the exception, not the sel’s inspection personnel to enable them to a privacy right to be free from administra- rule, at OSHA. See 29 C.F.R. § 1903.6; OSHAct have access to such areas, if access is re- tive inquiries authorized by a statute duly section 17(f). Moreover, in enacting the CAA, quired as part of a section 215 inspection. enacted by Congress. Moreover, section the Congress understood that its incorpora- Section 4.02, and other sections as appro- 215(f)’s requirement that the General Counsel tion of the rights and protections of the priate, will be amended to state that the conduct a comprehensive inspection of all OSHAct included the standard practice and General Counsel and/or any inspection per- covered employing offices and other covered procedure at OSHA that advance notice sonnel will be required to either have or ob- facilities on a regular basis and at least once would not be given. See 142 Cong. R. S 625 tain appropriate security clearance, if such each Congress may well defeat an otherwise (daily ed., Jan. 9, 1995) (section-by-section clearance is required for access to the work- reasonable expectation of privacy in such of- analysis of the CAA submitted by Senator spaces inspected. fices and other facilities. See, e.g., United Grassley) (‘‘[T]he act does not provide that 4. Requests for inspections by employing States v. Bunkers, 521 F.2d 1217, 1219–20 (9th employing offices are to receive notice of the office (section 4.03) Cir.) (search of postal worker’s locker au- inspections.’’). Thus, the commenters’ argu- One commenter noted that, although sec- thorized by regulation), cert. denied, 423 U.S. ment that advance notice of inspections is tion 4.03(b) provides that employing office 989 (1975); United States v. Taketa, 923 F.2d 665, required by OSHA regulations and practice, requests for inspections must be reduced to 672 (9th Cir. 1991) (valid regulation may de- or by the CAA, is not supported by the stat- writing on a form provided by the Office, feat an otherwise reasonable expectation of ute. Indeed, as one of the commenters ac- there is no requirement in section 4.03(a) workplace privacy); see also Donovan v. knowledged, its proposal requiring advance that employee requests be submitted on an Dewey, 452 U.S. 593 (1981) (legislative schemes notice would require a re-writing of the in- Office-provided form. Section 4.03(a) will be authorizing warrantless administrative spection authority of section 8(a) of the modified to provide that employee requests searches of commercial property do not nec- OSHAct, applied by section 215, to read that be reduced in writing on an Office-provided essarily violate the Fourth Amendment). the General Counsel is authorized ‘‘upon the form. The commenter has asked that any In any event, whether Barlow’s and its notice and consent of the employing office to form developed be submitted for review and progeny apply in the context of the CAA is a enter [without delay and] at reasonable comment from employing offices prior to its question that need not be decided here. Sec- times . . .’’ Adoption of such a rule, which is approval. Since the form is merely an inves- tion 215 does not provide a mechanism by plainly at odds with the underlying statute, tigative tool of the General Counsel, there is which warrants may be issued. Section 215 would be improper. no reason to require that it be ‘‘approved’’ by contemplates the assignment of hearing offi- One of the commenters argued alter- the Board prior to issuance. Inspection forms cers, but only after a complaint has been natively that proposed section 4.06 be modi- and other similar documents relating to the filed by the General Counsel. See 2 U.S.C. fied to include the provisions of section General Counsel’s enforcement procedures § 1341(c)(3). Moreover, there is no provision in 1903.6, which authorizes advance notice in are available from the General Counsel. the CAA that would allow such applications certain specified circumstances. The provi- 5. Scope and nature of inspection (sections to be heard by federal judges. Compare 2 sions of section 1903.6, with appropriate 4.03 and 4.08). U.S.C. § 1405(f)(3) (authorizing federal district modifications, will be included as part of the court to issue orders requiring persons to ap- One commenter has asked that section final regulations, since such an enforcement 4.03(2) be modified to provide that inspec- pear before the hearing officer to give testi- policy is not deemed to add to or alter any mony and produce records). Thus, there is no tions will be limited to matters included in substantive provision in the underlying stat- the notice of violation. Section 4.03(2) is statutory basis upon which such a procedure ute. based on virtually identical provisions of the could be adopted by the Executive Director. This commenter also requested that sec- Secretary’s regulations, 29 C.F.R. § 1903.11. The commenters incorrectly assume that, tion 4.06 be modified to require the General absent a warrant procedure, the General Nothing in section 215 or the provisions of Counsel to issue a written statement ex- the OSHAct incorporated thereunder would Counsel would nevertheless enter a work- plaining why advance notice was not pro- authorize placing a limitation on the Gen- space over the objection of the employing of- vided to the employing office. Nothing under eral Counsel’s inspection authority, as pro- fice/s with jurisdiction over the area or con- the CAA or the OSHAct authorizes or sug- posed by the commenter. trol of the space involved. Just as it would gests such a requirement, nor would any pur- Similarly, section 8(e) of the OSHAct, 29 be improper to assume that employing of- pose of the CAA be served. Thus, no such U.S.C. § 657(e), and proposed section 4.08 pro- fices would engage in a wholesale refusal to modification will be made. vide that a representative of the employer allow inspections, it cannot be assumed that Finally, section 4.05 (Entry not a waiver) and a representative authorized by the em- the General Counsel will attempt to force in- will be modified to specifically refer to sec- ployees shall be given an opportunity to ac- spectors into work areas over the employing tion 215 of the CAA, as requested by a com- company the inspector, and section 4.08 will office’s objection. See 29 U.S.C. § 657(a)(2) menter. not be modified to provide that parties be (Secretary authorized ‘‘to inspect and inves- 2. References to recordkeeping requirements given the opportunity to seek immediate re- tigate during regular working hours and at (sections 4.02 and 4.07) view of the General Counsel’s determinations other reasonable times, and within reason- regarding authorized representatives, or to Two commenters objected to references in able limits and in a reasonable manner provide specific standards by which the Gen- proposed section 4.02 of the regulations to .. .’’). In the typical case, the General Coun- eral Counsel may deny the right of accom- ‘‘records required by the CAA and regula- sel can be expected to ascertain the reason paniment, or that parties have a ‘‘fair’’ options promulgated thereunder,’’ and a simi- for the refusal and attempt to secure vol- portunity to accompany the General Coun- untary consent to conduct the inspection. If lar reference in section 4.07, on the theory sel’s designee during the inspection, as sug- the employing office continues to refuse an that no recordkeeping requirements, even gested by two commenters. As with the pro- inspection, there are options presently avail- those that are inextricably intertwined with posed modifications of section 4.03, nothing able to the General Counsel to secure access the substantive health and safety standards in section 215, the OSHAct, or the Sec- to the space. These options would include, of Parts 1910 and 1926, 29 C.F.R., may be im- retary’s rules and practice under the among others, seeking such consent from the posed on employing offices under the CAA. OSHAct, would authorize placing these limi- relevant committee(s) of the Congress that The commenters presented no different argu- tations on the General Counsel’s enforce- have responsibilities for the office space or ments than those fully considered and re- ment authorities. On the contrary, such a work area involved, and seeking consent jected by the Board in promulgating its sub- modification provides parties with a tool for from the Architect of the Capitol and/or stantive section 215 regulations. See 142 delay, allowing an office to forestall prompt other entities that have superintendence or Cong. R. at S63. Because the Board has inspection and abatement of hazards while other responsibility for and authority over adopted substantive health and safety stand- the parties litigate the issue of whether an the facility and access to and/or control of ards which impose limited recordkeeping re- employing office was denied a ‘‘fair’’ oppor- the space involved. If such options are quirements on employing offices (e.g., rules tunity for accompaniment or whether a rep- unavailing, the General Counsel could sim- relating to employee exposure records), such resentative of employees is an appropriately ply note the refusal of the employing office records are subject to review during an in- authorized representative. Nothing in the to allow the inspection in, for example, the spection. The Executive Director thus has no OSHAct, as applied by section 215 of the inspection report submitted to the Congress. basis for the proposed deletion. CAA, would sanction such a rule. Of course, the Office assumes that employing 3. Security clearances (section 4.02) 6. Inspector compliance with health and offices will not withhold their consent. Two commenters suggested that section safety requirements (section 4.07). The commenters also argued that advance 4.02 of the proposed regulation be amended to Two commenters requested that section notice should be given by the General Coun- provide that the General Counsel or other 4.07 of the proposed regulations add the pro- sel to conform to protections recognized in person conducting a work site inspection ob- visions of 29 C.F.R. § 1903.7(c), which provide the private sector context. One of the com- tain an appropriate security clearance before that health and safety inspectors take rea- menters specifically requested that the rules inspecting areas that contain classified in- sonable safety precautions to ensure that require the General Counsel to first schedule formation. The General Counsel reports that their inspection practices are not hazardous an appointment with an employing office he is in the process of obtaining, through the and comply with the employer’s safety and prior to an inspection. Although the com- appropriate security division of the United health rules at the work site. This enforce- menters argued that such notice is consist- States Capitol Police, security clearances for ment policy will be included within the final ent with practice under the OSHAct, advance the General Counsel and the General Coun- regulations. H1882 CONGRESSIONAL RECORD — HOUSE April 24, 1997 7. Consultation with employees (section 4.09). III.C.2.g. (1994) (‘‘De Minimis violations . . . pation is ‘‘at the discretion of the General Section 4.09 tracks the provisions of sec- shall not be included in citations. . . . The Counsel,’’ tracks section 1903.19 of the Sec- tion 1903.10 of the Secretary’s regulations, employer should be verbally notified of the retary’s regulations and is consistent with which provide that inspectors may consult violation and the [Compliance Safety and section 215 of the CAA. Thus, it will not be with employees concerning health and safety Health Officer] should note it in the inspec- modified as requested by the commenter. and other matters deemed necessary for an tion case file.’’). Thus, a provision enabling However, as requested by the commenter, effective and thorough inspection, and that the General Counsel to issue notices for de section 4.15 will be revised to clarify that afford employees an opportunity to bring minimis violations is of little practical util- any settlement entered into between the par- violations to the attention of the inspectors ity under section 215. However, the text of ties to such a conference shall be subject to during the course of an inspection. A com- section 215(c)(2)(A) authorizes the General the approval of the Executive Director, to menter has requested that section 4.09 be Counsel to issue a ‘‘citation or notice,’’ conform to section 414 of the CAA. modified to require specific limits on the which reasonably would include a notice of 13. Notice of contest. de minimis violations. Including such a pro- time, place, and manner of such consulta- A commenter argued that the procedural vision in these regulations is consistent with tions, and that employees be required to first regulations should provide a procedure for the CAA, and does not create a substantive put in writing violations that they intend to filing notices of contest, as outlined in 29 requirement. Thus, sections 4.11 and 4.13 will bring to the attention of inspectors during C.F.R. § 1903.17 and consistent with section be modified to provide that the General the course of an inspection. Nothing in sec- 9(a) of the OSHAct. However, the changes Counsel may issue notices of de minimis vio- tion 215 of the CAA or the provisions of the proposed by the commenter would flatly con- lations in appropriate cases, as requested by OSHAct incorporated thereunder requires or tradict the statutory procedures outlined in the commenters. permits the modifications requested by the section 215. As the Board noted in its rule- commenter. 11. Failure to correct a violation for which a making under section 215, the statutory en- 8. Inspection not warranted; informal review citation has been issued; notice of failure forcement scheme under section 215 differs (section 4.10). to correct a violation; complaint (section significantly from the comparable statutory 4.14). A commenter requested that proposed sec- provisions of the OSHAct. tion 4.10(a) be revised to state that, after Section 4.14(a) of the proposed regulations The enforcement procedures of the OSHAct conducting informal conference to review a provide that, ‘‘if the General Counsel deter- are set forth in sections 8, 9, 10, and 11 of the decision not to conduct an inspection of a mines’’ that an employing office has failed OSHAct, 29 U.S.C. §§ 657–660. Section 8(a) of work site, the General Counsel ‘‘shall’’ (rath- to correct timely an alleged violation, he or the OSHAct authorizes the Secretary’s in- er than ‘‘may’’) affirm, modify or reverse the she ‘‘may’’ issue a notification of such fail- spectors to conduct reasonable safety and decision. The final regulations will include ure before filing a complaint against the of- health inspections at places of employment. the change suggested by the commenter. fice. Two commenters argued that the pro- 29 U.S.C. § 657(a). If a violation is discovered, A second commenter requested that the posed regulations are contrary to section the inspector may issue a citation to the em- final regulations include the provisions of 29 215(c)(2)(B) of the CAA because they do not ployer under section 9(a) of the OSHAct, spe- C.F.R. § 1903.12(a), which permit parties to require the General Counsel to issue a notifi- cifically describing the violation, fixing a make written submissions as part of the in- cation before filing a complaint. Similarly, reasonable time for its abatement and, in his formal conference. The final regulations will these commenters argued that section 5.01 be or her discretion, proposing a civil monetary include these provisions, as suggested by the modified to require the General Counsel to penalty. 29 U.S.C. §§ 658, 659. Section 8(c) per- commenter. conduct a follow-up inspection as a pre- mits an employer to notify the Secretary requisite to filing a complaint under section 9. Citations (section 4.11). that it intends to contest the citation. 29 215. Nothing in section 215(c)(2)(B) requires U.S.C. § 659(c). If the employer does not con- Two commenters requested that section the General Counsel to issue a notification test the citation within 15 working days, it 4.11 of the final regulations include the lan- or to conduct a follow-up inspection prior to becomes a final abatement order and is ‘‘not guage of 29 C.F.R. § 1903.14(a) that ‘‘No cita- filing a complaint. Instead, section 215 subject to review by any court or agency.’’ 29 tion may be issued under this section after grants the General Counsel the authority to U.S.C. § 659(b). Section 10(c) of the OSHAct the expiration of six months following the file a complaint after issuing ‘‘a citation or also gives an employee or representative of occurrence of any violation.’’ The com- notification,’’ if the General Counsel deter- employees a right to contest the period of menters argued that the proposed regula- mines that a violation has not been cor- time fixed in the citation for abatement of tions ‘‘omit this important substantive rected. 2 U.S.C. § 1341(c)(3). the violation. In either event, the Occupa- right’’ under section 9(c) of the OSHAct. Sec- The section-by-section analysis of the CAA tional Safety and Health Review Commis- tion 9(c) of the OSHAct is a temporal limita- explains the basis for section 215(c)(2)’s lan- sion must afford the employer and/or the em- tion on the ability of the Secretary to issue guage authorizing the General Counsel to ployee ‘‘an opportunity for a hearing.’’ 29 a citation and thus is included within the issue a citation or a notice. It makes clear U.S.C. § 659(c). Section 10(c) also requires the scope of section 215(c). It applies regardless that section 215 does not require the General Commission to provide affected employees or of whether or not a procedural regulation Counsel to issue a notification prior to filing their representatives ‘‘an opportunity to par- ‘‘implements’’ it. Nevertheless, because the a complaint where an employing office has ticipate as parties to hearings under this proposed provision simply tracks the clear failed to abate a hazard outlined in the cita- subsection.’’ Id. and unambiguous statutory provision of section: ‘‘[Under section 215] the general coun- Rather than either incorporating by ref- tion 9(c) of the OSHAct and does not purport sel can issue a citation and proceed to file a erence the statutory enforcement procedures to create or modify any substantive right, it complaint if the violation remains unabated. of the OSHAct described above or adopting will be included in section 4.11 of the final Or the general counsel may file a notifica- them in haec verba in section 215, the CAA regulations. tion after the citation is not complied with, provides a detailed statutory enforcement One commenter requested that section and then file a complaint. The general coun- scheme which departs from the OSHAct in 4.11(a), which authorizes the General Counsel sel may not file a notification without hav- several significant respects. Section 215(c) to issue citations or notices even if the em- ing first filed a citation which has not been makes reference to sections 8(a), 8(d), 8(e), ploying office immediately abates, or initi- honored. The choice whether to follow a cita- 8(f), 9, and 10 of the OSHAct, but only to the ates steps to abate the violation, be deleted. tion with a complaint once it is evident that extent of granting the General Counsel the However, this provision tracks the language there has not been compliance, or to file a ‘‘authorities of the Secretary’’ contained in of section 1903.14(a) and is consistent with notification before the filing of the com- those sections to ‘‘inspect and investigate section 215 of the CAA. Thus, it will not be plaint, will normally turn or whether the places of employment’’ and to ‘‘issue a cita- modified as requested by the commenter. general counsel believes that good faith ef- tion or notice * * * or a notification’’ to em- 10. De minimis violations (sections 4.11 and forts are being undertaken to comply with ploying offices. Section 215(c) (1), (2). Other 4.13). the citation, but the time period for com- portions of sections 8, 9, and 10 of the Two commenters argued that the Execu- plete remediation of the citation period has OSHAct that do not relate to the Secretary’s tive Director should adopt provisions regard- expired.’’ 141 Cong. R. S621, S625 (daily ed. authority to conduct inspections or to issue ing ‘‘de minimis’’ violations, consistent with Jan. 9, 1995) (section-by-section analysis). citations or notices are not incorporated section 9(a) of the OSHAct and 29 C.F.R. Therefore, because the commenters’ re- into sections 215(c). Instead, section 215(c) §§ 1903.14 and 1903.16. Section 9(a) of the quested change is contrary to the statutory provides a detailed procedure regarding in- OSHAct provides, in relevant part, that procedure outlined in section 215, it may not spections and citations which, although ‘‘[t]he Secretary may prescribe procedures be adopted as a procedure of the Office under modeled on sections 8, 9, and 10 of the for the issuance of a notice in lieu of a cita- section 303. OSHAct, differs in several significant re- tion with respect to deminimis violations 12. Informal conferences (section 4.15). spects from the OSHAct enforcement which have no direct or immediate relation- One commenter requested that section 4.15 scheme. ship to safety or health.’’ Although OSHA be modified to require the General Counsel For example, under section 10 of the formerly required inspectors to issue cita- to allow participation in a formal conference OSHAct, the employer must initiate a con- tions on de minimis violations under this by persons other than the requesting party test within 15 days of receipt to prevent the provision, the practice has been abandoned. (complaining employee or employing office). citation from becoming final; under section OSHA Field Inspection Reference Manual ch. Section 4.15, which states that such partici- 215(c), the General Counsel must initiate a April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1883 complaint to obtain a final order against an considered confidential. It is not clear that Act.’’ 29 C.F.R. § 1903.1. The General Counsel employing office that fails or refuses to section 15 of the OSHAct applies to proceed- has stated his intention to follow, where not abate a hazard outlined in the citation. Sec- ings under section 215 of the CAA. However, inconsistent with the CAA, the enforcement tion 10(c) of the OSHAct gives employees and the current procedural rules attempt to pro- policies of the Secretary, which would in- representatives of employees a right to par- tect privileged or otherwise confidential include the policy on employee rescue activi- ticipate as parties before the Occupational formation from disclosure in CAA proceed- ties. Thus, this policy will be expressly stat- Safety and Health Appeals Review Board; ings. If any employing office possessed infor- ed as part of the final procedural regulations section 215(c)(5) does not provide such party mation that constituted a ‘‘trade secret’’ at section 4.11(f), as requested by the com- participation rights to employees and sug- within the meaning of section 15, the Office’s menters. However, so that such policies are gests that only the General Counsel and the procedures recognize that confidential or consistent with the Secretary’s part 1903 reg- employing office may participate in any re- privileged materials or other information ulations, the final regulations will add the view of decisions issued under section 215. should be protected from disclosure in appro- proviso of section 1903.1, 29 C.F.R., that, to Section 215(c) of the CAA outlines the spe- priate circumstances. See section 6.01(c)(3) the extent statements in these regulations cific procedures regarding variances, cita- and (d) of the Procedural Rules (authorizing at section 4.01 set forth general enforcement tions, notifications and hearings under sec- hearing officers to issue any order to prevent policies they may be modified in specific cir- tion 215. Any procedural regulations adopted discovery or disclosure of confidential or cumstances by the General Counsel on the by the Executive Director under section 303 privileged materials or information, and same terms as similar enforcement policies of the CAA cannot conflict with these statu- dealing with claims of privilege). If employ- of the Secretary. torily-mandated procedures. See United ing offices maintain information that would F. Regulations governing inspections, cita- States v. Fausto, 108 S.Ct. 668, 677 (1988) (the constitute ‘‘trade secrets’’ within the mean- tions, and notices in the case of Member provision of detailed review procedures pro- ing of section 15 of the OSHAct, protection retirement, defeat, and office moves. vides strong evidence that Congress intended against disclosure of such information A commenter has requested regulations such procedures to be exclusive); Block v. should be extended to inspections and other that would specify the employing office to Community Nutrition Institute, 467 U.S. 340, information gathering under section 215. Ac- whom the General Counsel should issue cita- 345–48 (1984) (omission of review procedures cordingly, the final rules will include, with tions and notices in cases where cir- for consumers affected by milk market or- appropriate modification, the provisions of cumstances have changed since the time of ders, coupled with the provision of such pro- section 1903.7 as section 4.07(g). the alleged violation, such as when a Mem- cedures for milk handlers so affected, was D. Variances. ber dies, retires, or is not reelected, or when strong evidence that Congress intended to 1. Publication of variance determinations an employing office moves from one office to preclude consumers from obtaining judicial and notices (sections 4.23, 4.25, 4.26, and 4.28). another. After considering the matter, the review); Whitney Nat. Bank v. Bank of New Executive Director has determined that it Orleans & Tr. Co., 85 S.Ct. 551, 557 (1965) Two commenters requested that sections would be inappropriate to issue procedural (where Congress has provided statutory re- 4.23, 4.25, 4.26, and 4.28 specify the manner in rules governing these issues. The hypo- view procedures, such procedures are to be which the Board’s final determinations and thetical situations posited by the commenter exclusive). other notices will be made public, either by are better addressed by the General Counsel Given the fact that section 215(c) sets forth publication in the Congressional Record or and ultimately, the Board, in the context of a detailed enforcement procedure which is its equivalent. The regulations will be actual cases. When and if the situations hy- significantly different than the procedures of amended to provide that the Board shall pothesized by the commenter occur, the Gen- the OSHAct, it is reasonable to conclude transmit a copy of the final decision to the eral Counsel and the Board are better posi- that Congress did not intend the Board to Speaker of the House and President pro tem- tioned to make determinations based on the presume that the regulations regarding such pore of the Senate with a request that the facts presented. See NLRB v. Bell Aerospace procedures would be ‘‘the same’’ as the Sec- order be published in the Congressional Co., 416 U.S. 267, 294–95 (1974) (use of adjudica- retary’s procedures, as they generally must Record. Since the CAA does not require pub- tion rather than rulemaking within agency be if they fall within the Board’s substantive lication of such orders in the Congressional discretion). rulemaking authority under section 215(d)(2). Record, the decision to publish in the Con- See Lorillard v. Pons, 434 would be ‘‘the gressional Record is solely within the discre- G. Technical and nomenclature changes. same’’ as the Secretary’s procedures, as they tion of Congress. Commenters have suggested a number of generally must be if they fall within the 2. Hearings (sections 4.25 and 4.26). technical and nomenclature corrections in Board’s substantive rulemaking authority Two commenters have suggested that the the language of the proposed regulations. under section 215(d)(2). See Lorilard v. Pons, provisions regarding referral of matters ap- The Executive Director has considered all of 434 U.S. 575(1978) (manner in which Congress propriate for hearing to hearing officers in these suggestions and, as appropriate, has employed incorporation by reference evi- sections 4.25 and 4.26 of the proposed regula- adopted them. dence an intent on the part of Congress to tions be revised to replace ‘‘may’’ with H. Additional comments. ‘‘shall’’ to conform to the language of sec- assimilate the remedies and procedures of One of the commenters requested that the tion 215. They further suggest that the ref- the FLSA into the ADEA, except in those Executive Director review several proposed erences in section 4.25 and 4.26 requiring ap- cases where, in the ADEA itself, Congress changes in procedural rules suggested by plicants to include a request for a hearing be made plain its decision to follow a different commenters in response to the earlier July deleted as unnecessary. After considering course than that provided for in the FLSA). 11, 1996 Notice of Proposed Rulemaking and these comments and the statutory language, Thus, the commenters’ interpretation is not either promulgate regulations to address the regulations will be amended to provide supported by section 215. these issues or supply a written response as Here, there is no statutory authority for for referral to hearing officers. to why such regulations are not necessary. the filing and determination of notices of E. Enforcement policy regarding employee res- These suggestions included: (1) changes in contest by employing offices. The only way cue activities. the special procedures for the Architect of in which a safety and health issue can be Two commenters argued that the regula- the Capitol and Capitol Police; (2) a rule al- presented to a hearing officer is in connections should include the provisions of sub- lowing parties to negotiate changes to the tion with a complaint filed by the General section (f) of 29 C.F.R. § 1903.14, which pro- Agreement to Mediate; (3) a procedure by Counsel. These procedural regulations can- vides that, with certain exceptions, no cita- which the parties, instead of the Executive not be used to engraft provisions not pro- tions may be issued to an employer because Director, would select Hearing Officers; (4) vided for in the statute and, more impor- of rescue activity undertaken by an em- procedures by which the Office would notify tantly, which conflict with the procedures ployee. However, this provision was adopted employing offices of various matters; (5) ad- expressly set forth therein. For the same by the Secretary as ‘‘a general statement of ditional requirements for the filing of a com- reasons, there is no statutory basis upon agency policy’’ and is ‘‘an exercise of OSHA’s plaint; (6) changes in counseling procedures; which to create a procedure allowing an em- prosecutorial discretion in carrying out its and (7) a procedure which would allow par- ploying office to petition for modification of enforcement responsibilities’’ under the ties to petition for the recusal of individual abatement dates (29 C.F.R. § 1903.14a), as re- OSHAct. See ‘‘Policy on Employee Rescue Board members. quested by this commenter. Efforts,’’ 59 Fed. Reg. 66612 (Dec. 27, 1994) As stated in the preamble of the Notice of 14. Trade secrets (amending 29 C.F.R. pt. 1903 to add section Adoption of Amendments to Procedural A commenter requested that the regula- 1903.7; noting that rule is effective imme- Rules, such comments and suggestions were tions include the provisions of section 1903.7, diately upon publication because ‘’the rescue not the subject of or germane to the propos- 29 C.F.R., relating to protection of trade se- policy simply states OSHA’s enforcement als made in that rulemaking. 142 Cong. R. crets information. Section 1903.7 implements policy’’ regarding citations involving em- H10672, H10674 and S10980, S10981 (daily ed., section 15 of the OSHAct, which provides ployee rescue activities). Because it is an en- Sept. 19, 1996). Nor are they here. The Notice that information obtained by the Secretary forcement policy, the Secretary reserves the of this rulemaking clearly stated that the in connection with any inspection or pro- right to modify it ‘‘in specific circumstances proposed revisions and additions to the proceeding under the OSHAct ‘‘which might re- where the Secretary or his designee deter- cedural rules were intended to provide for veal a trade secret referred to in section 1905 mines that an alternative course of action the implementation of Parts B and C of title of title 18 of the United States Code’’ shall be would better serve the objectives of the II of the CAA, which were generally effective H1884 CONGRESSIONAL RECORD — HOUSE April 24, 1997

on January 1, 1997, and to establish proce- a Hearing Officer or by the Board under sec- INSPECTIONS, CITATIONS AND COMPLAINTS dures for consideration of matters arising tion 405(g) or 406(e) of the Act, which is in § 4.01 Purpose and scope. under those parts. favor of the complaining covered employee, The purpose of sections 4.01 through 4.15 of As stated in the September 19, 1996 Notice or in favor of the charging party under sec- this subpart is to prescribe rules and proce- of Adoption of Amendments, the Office, like tion 210 of the Act, or reverses a Hearing Of- dures for enforcement of the inspection and most agencies, reviews its policies and proce- ficer’s decision in favor of a complaining citation provisions of section 215(c)(1) dures on an ongoing bases. Where its experi- covered employee or charging party, shall be through (3) of the CAA. For the purpose of ence suggests that additional or amended made public, except as otherwise ordered by sections 4.01 through 4.15, references to the procedures are needed, it will modify its the Board. The Board may make public any ‘‘General Counsel’’ include any authorized policies and propose amendments to its pro- other decision at its discretion. representative of the General Counsel. In sit- cedures, to the extent appropriate under the § 1.05(a). uations where sections 4.01 through 4.15 set CAA. (a) An employee, other charging individual forth general enforcement policies rather Signed at Washington, D.C. on this 18th or party, a witness, a labor organization, an than substantive or procedural rules, such day of April, 1997. employing office, or an entity alleged to be policies may be modified in specific cir- RICKY SILBERMAN, responsible for correcting a violation wish- cumstances where the General Counsel or Executive Director, ing to be represented by another individual the General Counsel’s designee determines Office of Compliance. must file with the Office a written notice of that an alternative course of action would IV. Text of adopted amendments to procedural designation of representative. The represent- better serve the objectives of section 215 of rules. ative may be, but is not required to be, an the CAA. § 1.01 Scope and Policy. attorney. § 4.02 Authority for Inspection. These rules of the Office of Compliance § 1.07(a). (a) Under section 215(c)(1) of the CAA, upon govern the procedures for consideration and (a) In General. Section 416(a) of the CAA written request of any employing office or resolution of alleged violations of the laws provides that counseling under section 402 covered employee, the General Counsel is au- made applicable under Parts A, B, C, and D shall be strictly confidential, except that the thorized to enter without delay and at rea- of title II of the Congressional Accountabil- Office and a covered employee may agree to sonable times any place of employment ity Act of 1995. The rules include procedures notify the employing office of the allega- under the jurisdiction of an employing of- for counseling, mediation, and for electing tions. Section 416(b) provides that all medi- fice; to inspect and investigate during regu- between filing a complaint with the Office of ation shall be strictly confidential. Section lar working hours and at other reasonable Compliance and filing a civil action in a dis- 416(c) provides that all proceedings and de- times, and within reasonable limits and in a trict court of the United States. The rules liberations of hearing officers and the Board, reasonable manner, any such place of em- also address the procedures for variances and including any related records shall be con- ployment, and all pertinent conditions, compliance, investigation and enforcement fidential, except for release of records nec- structures, machines, apparatus, devices, under Part C of title II and procedures for essary for judicial actions, access by certain equipment and materials therein; to ques- the conduct of hearings held as a result of committees of Congress, and, in accordance tion privately any employing office, opera- the filing of a complaint and for appeals to with section 416(f), publication of certain tor, agent or employee; and to review records the Board of Directors of the Office of Com- final decisions. Section 416(c) does not apply required by the CAA and regulations promul- pliance from Hearing Officer decisions, as to proceedings under section 215 of the Act, gated thereunder, and other records which well as other matters of general applicabil- but does apply to the deliberations of hear- are directly related to the purpose of the in- ity to the dispute resolution process and to ing officers and the Board under section 215. spection. the operations of the Office of Compliance. It See also sections 1.06, 5.04 and 7.12 of these (b) Prior to inspecting areas containing in- is the policy of the Office that these rules rules. formation which is classified by an agency of shall be applied with due regard to the rights Subpart D—Compliance, Investigation, En- the United States Government (and/or by of all parties and in a manner that expedites forcement and Variance Procedures Under any congressional committee or other au- the resolution of disputes. Section 215 of the CAA (Occupational Safe- thorized entity within the Legislative § 1.02(i). ty and Health Act of 1970) Branch) in the interest of national security, and for which security clearance is required (i) Party. The term ‘‘party’’ means: (1) an Inspections, Citations, and Complaints as a condition for access to the area(s) to be employee or employing office in a proceeding Sec. inspected, the individual(s) conducting the under Part A of title II of the Act; (2) a 4.01 Purpose and scope inspection shall have obtained the appro- charging individual, an entity alleged to be 4.02 Authority for inspection priate security clearance. responsible for correcting a violation, or the 4.03 Request for inspection by employees § 4.03 Requests for inspections by employees General Counsel in a proceeding under Part and employing offices and covered employing offices. B of title II of the Act; (3) an employee, em- 4.04 Objection to inspection ploying office, or as appropriate, the General 4.05 Entry not a waiver (a) By covered employees and representatives. (1) Any covered employee or representative Counsel in a proceeding under Part C of title 4.06 Advance notice of inspection of covered employees who believes that a II of the Act; or (4) a labor organization, in- 4.07 Conduct of inspections violation of section 215 of the CAA exists in dividual employing office or employing ac- 4.08 Representatives of employing offices any place of employment under the jurisdic- tivity, or, as appropriate, the General Coun- and employees tion of employing offices may request an in- sel in a proceeding under Part D of title II of 4.09 Consultation with employees spection of such place of employment by giv- the Act. 4.10 Inspection not warranted; informal re- ing notice of the alleged violation to the § 1.03(a)(3). view General Counsel. Any such notice shall be re- 4.11 Citations (3) Faxing documents. Documents transmit- duced to writing on a form available from 4.12 Imminent danger ted by FAX machine will be deemed filed on the Office, shall set forth with reasonable 4.13 Posting of citations the date received at the Office at 202–426– particularity the grounds for the notice, and 4.14 Failure to correct a violation for which 1913, or, in the case of any document to be shall be signed by the employee or the rep- a citation has been issued; notice of fail- filed or submitted to the General Counsel, on resentative of the employees. A copy shall be ure to correct violation; complaint the date received at the Office of the General provided to the employing office or its agent 4.15 Informal conferences Counsel at 202–426–1663. A FAX filing will be by the General Counsel or the General Coun- timely only if the document is received no Rules of Practice for Variances, Limitations, sel’s designee no later than at the time of in- later than 5:00 PM Eastern Time on the last Variations, Tolerances, and Exemptions spection, except that, upon the written re- day of the applicable filing period. Any party 4.20 Purpose and scope quest of the person giving such notice, his or using a FAX machine to file a document 4.21 Definitions her name and the names of individual em- bears the responsibility for ensuring both 4.22 Effect of variances ployees referred to therein shall not appear that the document is timely and accurately 4.23 Public notice of a granted variance, in such copy or on any record published, re- transmitted and confirming that the Office limitation, variation, tolerance, or ex- leased, or made available by the General has received a facsimile of the document. emption Counsel. The party or individual filing the document 4.24 Form of documents (2) If upon receipt of such notification the may rely on its FAX status report sheet to 4.25 Applications for temporary variances General Counsel’s designee determines that show that it filed the document in a timely and other relief the notice meets the requirements set forth manner, provided that the status report indi- 4.26 Applications for permanent variances in subparagraph (1) of this section, and that cates the date of the FAX, the receiver’s and other relief there are reasonable grounds to believe that FAX number, the number of pages included 4.27 Modification or revocation of orders the alleged violation exists, he or she shall in the FAX, and that transmission was com- 4.28 Action on applications cause an inspection to be made as soon as pleted. 4.29 Consolidation of proceedings practicable, to determine if such alleged vio- § 1.04(d). 4.30 Consent findings and rules or orders lation exists. Inspections under this section (d) Final decisions. Pursuant to section 4.31 Order of proceedings and burden of shall not be limited to matters referred to in 416(f) of the Act, a final decision entered by proof the notice. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1885 (3) Prior to or during any inspection of a able him promptly to inform such represent- orders as may be appropriate to protect the place of employment, any covered employee ative of the inspection. Advance notice in confidentiality of trade secrets. or representative of employees may notify any of the situations described in paragraph (2) Upon the request of an employing of- the General Counsel’s designee, in writing, of (a) of this section shall not be given more fice, any authorized representative of em- any violation of section 215 of the CAA which than 24 hours before the inspection is sched- ployees under section 4.08 in an area contain- he or she has reason to believe exists in such uled to be conducted, except in apparent im- ing trade secrets shall be an employee in place of employment. Any such notice shall minent danger situations and in other un- that area or an employee authorized by the comply with the requirements of subpara- usual circumstances. employing office to enter that area. Where graph (1) of this section. § 4.07 Conduct of inspections. there is no such representative or employee, (b) By employing offices. Upon written re- (a) Subject to the provisions of section 4.02, the General Counsel’s designee shall consult quest of any employing office, the General inspections shall take place at such times with a reasonable number of employees who Counsel or the General Counsel’s designee and in such places of employment as the work in that area concerning matters of shall inspect and investigate places of em- General Counsel may direct. At the begin- safety and health. ployment under the jurisdiction of employ- ning of an inspection, the General Counsel’s ing offices under section 215(c)(1) of the CAA. § 4.08 Representatives of employing offices and designee shall present his or her credentials Any such requests shall be reduced to writ- employees. to the operator of the facility or the manage- ing on a form available from the Office. ment employee in charge at the place of em- (a) The General Counsel’s designee shall be § 4.04 Objection to inspection. ployment to be inspected; explain the nature in charge of inspections and questioning of Upon a refusal to permit the General Coun- and purpose of the inspection; and indicate persons. A representative of the employing sel’s designee, in exercise of his or her offi- generally the scope of the inspection and the office and a representative authorized by its cial duties, to enter without delay and at records specified in section 4.02 which he or employees shall be given an opportunity to reasonable times any place of employment she wishes to review. However, such designa- accompany the General Counsels designee or any place therein, to inspect, to review tion of records shall not preclude access to during the physical inspection of any work- records, or to question any employing office, additional records specified in section 4.02. place for the purpose of aiding such inspec- operator, agent, or employee, in accordance (b) The General Counsel’s designee shall tion. The General Counsel’s designee may with section 4.02 or to permit a representa- have authority to take environmental sam- permit additional employing office rep- tive of employees to accompany the General ples and to take or obtain photographs relat- resentatives and additional representatives Counsel’s designee during the physical in- ed to the purpose of the inspection, employ authorized by employees to accompany the spection of any workplace in accordance other reasonable investigative techniques, designee where he or she determines that with section 4.07, the General Counsel’s des- and question privately, any employing of- such additional representatives will further ignee shall terminate the inspection or con- fice, operator, agent or employee of a cov- aid the inspection. A different employing of- fine the inspection to other areas, condi- ered facility. As used herein, the term ‘‘em- fice and employee representative may actions, structures, machines, apparatus, deploy other reasonable investigative tech- company the General Counsel’s designee dur- vices, equipment, materials, records, or niques’’ includes, but is not limited to, the ing each different phase of an inspection if interviews concerning which no objection is use of devices to measure employee expo- this will not interfere with the conduct of raised. The General Counsel’s designee shall sures and the attachment of personal sam- the inspection. endeavor to ascertain the reason for such re- pling equipment such as dosimeters, pumps, (b) The General Counsel’s designee shall fusal, and shall immediately report the re- badges and other similar devices to employ- have authority to resolve all disputes as to fusal and the reason therefor to the General ees in order to monitor their exposures. who is the representative authorized by the Counsel, who shall take appropriate action. (c) In taking photographs and samples, the employing office and employees for the purpose of this section. If there is no authorized § 4.05 Entry not a waiver. General Counsel’s designees shall take reasonable precautions to insure that such ac- representative of employees, or if the Gen- Any permission to enter, inspect, review tions with flash, spark-producing, or other eral Counsel’s designee is unable to deter- records, or question any person, shall not equipment would not be hazardous. The Gen- mine with reasonable certainty who is such imply or be conditioned upon a waiver of any eral Counsel’s designees shall comply with representative, he or she shall consult with a cause of action or citation under section 215 all employing office safety and health rules reasonable number of employees concerning of the CAA. and practices at the workplace or location matters of safety and health in the work- § 4.06 Advance notice of inspections. being inspected, and they shall wear and use place. (a) Advance notice of inspections may not appropriate protective clothing and equip- (c) The representative(s) authorized by em- be given, except in the following situations: ment. ployees shall be an employee(s) of the em- (1) in cases of apparent imminent danger, to (d) The conduct of inspections shall be ploying office. However, if in the judgment enable the employing office to abate the dan- such as to preclude unreasonable disruption of the General Counsel’s designee, good cause ger as quickly as possible; (2) in cir- of the operations of the employing office. has been shown why accompaniment by a cumstances where the inspection can most (e) At the conclusion of an inspection, the third party who is not an employee of the effectively be conducted after regular busi- General Counsel’s designee shall confer with employing office (such as an industrial hy- ness hours or where special preparations are the employing office or its representative gienist or a safety engineer) is reasonably necessary for an inspection; (3) where nec- and informally advise it of any apparent necessary to the conduct of an effective and essary to assure the presence of representa- safety or health violations disclosed by the thorough physical inspection of the work- tives of the employing office and employees inspection. During such conference, the em- place, such third party may accompany the or the appropriate personnel needed to aid in ploying office shall be afforded an oppor- General Counsel’s designee during the in- the inspection; and (4) in other cir- tunity to bring to the attention of the Gen- spection. cumstances where the General Counsel de- eral Counsel’s designee any pertinent infor- (d) The General Counsel’s designee may termines that the giving of advance notice mation regarding conditions in the work- deny the right of accompaniment under this would enhance the probability of an effective place. section to any person whose conduct inter- and thorough inspection. (f) Inspections shall be conducted in ac- feres with a fair and orderly inspection. With (b) In the situations described in paragraph cordance with the requirements of this sub- regard to information classified by an agen- (a) of this section, advance notice of inspec- part. cy of the U.S. Government (and/or by any tions may be given only if authorized by the (g) Trade Secrets. congressional committee or other authorized General Counsel, except that in cases of ap- (1) At the commencement of an inspection, entity within the Legislative Branch) in the parent imminent danger, advance notice the employing office may identify areas in interest of national security, only persons may be given by the General Counsel’s des- the establishment which contain or which authorized to have access to such informa- ignee without such authorization if the Gen- might reveal a trade secret as referred to in tion may accompany the General Counsel’s eral Counsel is not immediately available. section 15 of the OSHAct and section 1905 of designee in areas containing such informa- When advance notice is given, it shall be the title 18 of the United States Code. If the Gen- tion. employing office’s responsibility promptly to eral Counsel’s designee has no clear reason notify the authorized representative of em- to question such identification, information § 4.09 Consultation with employees. ployees, if the identity of such representa- contained in such areas, including all nega- The General Counsel’s designee may con- tive is known to the employing office. (See tives and prints of photographs, and environ- sult with employees concerning matters of section 4.08(b) as to situations where there is mental samples, shall be labeled ‘‘confiden- occupational safety and health to the extent no authorized representative of employees.) tial—trade secret’’ and shall not be disclosed he or she deems necessary for the conduct of Upon the request of the employing office, the by the General Counsel and/or his designees, an effective and thorough inspection. During General Counsel will inform the authorized except that such information may be dis- the course of an inspection, any employee representative of employees of the inspec- closed to other officers or employees con- shall be afforded an opportunity to bring any tion, provided that the employing office fur- cerned with carrying out section 215 of the violation of section 215 of the CAA which he nishes the General Counsel’s designee with CAA or when relevant in any proceeding or she has reason to believe exists in the the identity of such representative and with under section 215. In any such proceeding the workplace to the attention of the General such other information as is necessary to en- hearing officer or the Board shall issue such Counsel’s designee. H1886 CONGRESSIONAL RECORD — HOUSE April 24, 1997 § 4.10 Inspection not warranted; informal re- tion alleged to exist in a request for inspec- ploying office immediately eliminates the view. tion under section 4.03(a)(1) or a notification imminence of the danger and initiates steps (a) If the General Counsel’s designee deter- of violation under section 4.03(a)(3), the in- to abate such danger. mines that an inspection is not warranted formal review procedures prescribed in 4.15 § 4.13 Posting of citations. because there are no reasonable grounds to shall be applicable. After considering all (a) Upon receipt of any citation under sec- believe that a violation or danger exists with views presented, the General Counsel shall tion 215 of the CAA, the employing office respect to a notice of violation under section affirm the previous determination, order a shall immediately post such citation, or a 4.03(a), he or she shall notify the party giv- reinspection, or issue a citation if he or she copy thereof, unedited, at or near each place ing the notice in writing of such determina- believes that the inspection disclosed a vio- an alleged violation referred to in the citation. The complaining party may obtain relation. The General Counsel shall furnish the tion occurred, except as provided below. view of such determination by submitting a party that submitted the notice and the em- Where, because of the nature of the employ- written statement of position with the Gen- ploying office with written notification of ing office’s operations, it is not practicable eral Counsel and, at the same time, provid- the determination and the reasons therefor. to post the citation at or near each place of ing the employing office with a copy of such The determination of the General Counsel alleged violation, such citation shall be post- statement by certified mail. The employing shall be final and not reviewable. ed, unedited, in a prominent place where it office may submit an opposing written state- (e) Every citation shall state that the issu- will be readily observable by all affected em- ment of position with the General Counsel ance of a citation does not constitute a find- ployees. For example, where employing of- and, at the same time, providing the coming that a violation of section 215 has oc- fices are engaged in activities which are plaining party with a copy of such statement curred. physically dispersed, the citation may be by certified mail. Upon the request of the (f) No citation may be issued to an employ- posted at the location to which employees complaining party or the employing office, ing office because of a rescue activity under- report each day. Where employees do not pri- the General Counsel, at his or her discretion, taken by an employee of that employing of- marily work at or report to a single location, may hold an informal conference in which fice with respect to an individual in immi- the citation may be posted at the location the complaining party and the employing of- nent danger unless: from which the employees operate to carry fice may orally present their views. After (1)(i) Such employee is designated or as- out their activities. The employing office considering all written and oral views pre- signed by the employing office to have re- shall take steps to ensure that the citation sented, the General Counsel shall affirm, sponsibility to perform or assist in rescue is not altered, defaced, or covered by other modify, or reverse the designee’s determina- operations, and material. Notices of de minimis violations tion and furnish the complaining party and (ii) The employing office fails to provide need not be posted. the employing office with written notifica- protection of the safety and health of such (b) Each citation, or a copy thereof, shall tion of this decision and the reasons there- employee, including failing to provide appro- remain posted until the violation has been for. The decision of the General Counsel priate training and rescue equipment; or abated, or for 3 working days, whichever is shall be final and not reviewable. (2)(i) Such employee is directed by the em- later. The pendency of any proceedings re- (b) If the General Counsel’s designee deter- ploying office to perform rescue activities in garding the citation shall not affect its post- mines that an inspection is not warranted the course of carrying out the employee’s job ing responsibility under this section unless because the requirements of section 4.03(a)(1) duties, and and until the Board issues a final order have not been met, he or she shall notify the (ii) The employing office fails to provide vacating the citation. (c) An employing office to whom a citation complaining party in writing of such deter- protection of the safety and health of such employee, including failing to provide appro- has been issued may post a notice in the mination. Such determination shall be with- same location where such citation is posted out prejudice to the filing of a new notice of priate training and rescue equipment; or (3)(i) Such employee is employed in a indicating that the citation is being con- alleged violation meeting the requirements tested before the Board, and such notice may of section 4.03(a)(1). workplace that requires the employee to carry out duties that are directly related to explain the reasons for such contest. The em- § 4.11 Citations. a workplace operation where the likelihood ploying office may also indicate that speci- (a) If, on the basis of the inspection, the of life-threatening accidents is foreseeable, fied steps have been taken to abate the violation. General Counsel believes that a violation of such as a workplace operation where employ- any requirement of section 215 of the CAA, ees are located in confined spaces or trench- § 4.14 Failure to correct a violation for which a or of any standard, rule or order promul- es, handle hazardous waste, respond to emer- citation has been issued; notice of failure to gated pursuant to section 215 of the CAA, has gency situations, perform excavations, or correct violation; complaint. occurred, he or she shall issue a citation to perform construction over water; and (a) If the General Counsel determines that the employing office responsible for correc- (ii) Such employee has not been designated an employing office has failed to correct an tion of the violation, as determined under or assigned to perform or assist in rescue op- alleged violation for which a citation has section 1.106 of the Board’s regulations im- erations and voluntarily elected to rescue been issued within the period permitted for plementing section 215 of the CAA, either a such an individual; and its correction, he or she may issue a notifica- citation or a notice of de minimis violations (iii) The employing office has failed to in- tion to the employing office of such failure that have no direct or immediate relation- struct employees not designated or assigned prior to filing a complaint against the em- ship to safety or health. An appropriate cita- to perform or assist in rescue operations of ploying office under section 215(c)(3) of the tion or notice of de minimis violations shall the arrangements for rescue, not to attempt CAA. Such notification shall fix a reasonable be issued even though after being informed rescue, and of the hazards of attempting res- time or times for abatement of the alleged of an alleged violation by the General Coun- cue without adequate training or equipment. violation for which the citation was issued sel, the employing office immediately (4) For the purpose of this policy, the term and shall be posted in accordance with sec- abates, or initiates steps to abate, such al- ‘‘imminent danger’’ means the existence of tion 4.13 of these rules. Nothing in these leged violation. Any citation shall be issued any condition or practice that could reason- rules shall require the General Counsel to issue such a notification as a prerequisite to with reasonable promptness after termi- ably be expected to cause death or serious filing a complaint under section 215(c)(3) of nation of the inspection. No citation may be physical harm before such condition or prac- the CAA. issued under this section after the expiration tice can be abated. of 6 months following the occurrence of any (b) If after issuing a citation or notifica- alleged violation. § 4.12 Imminent danger. tion, the General Counsel believes that a vio- (b) Any citation shall describe with par- (a) Whenever and as soon as a designee of lation has not been corrected, the General ticularity the nature of the alleged viola- the General Counsel concludes on the basis Counsel may file a complaint with the Office tion, including a reference to the provi- of an inspection that conditions or practices against the employing office named in the sion(s) of the CAA, standard, rule, regula- exist in any place of employment which citation or notification pursuant to section tion, or order alleged to have been violated. could reasonably be expected to cause death 215(c)(3) of the CAA. The complaint shall be Any citation shall also fix a reasonable time or serious physical harm immediately or be- submitted to a hearing officer for decision or times for the abatement of the alleged fore the imminence of such danger can be pursuant to subsections (b) through (h) of violation. eliminated through the enforcement proce- section 405, subject to review by the Board (c) If a citation or notice of de minimis dures otherwise provided for by section pursuant to section 406. The procedures of violations is issued for a violation alleged in 215(c), he or she shall inform the affected em- sections 7.01 through 7.16 of these rules gov- a request for inspection under section ployees and employing offices of the danger ern complaint proceedings under this sec- 4.03(a)(1), or a notification of violation under and that he or she is recommending the fil- tion. section 4.03(a)(3), a copy of the citation or ing of a petition to restrain such conditions § 4.15 Informal conferences. notice of de minimis violations shall also be or practices and for other appropriate relief At the request of an affected employing of- sent to the employee or representative of in accordance with section 13(a) of the fice, employee, or representative of employ- employees who made such request or notifi- OSHAct, as applied by section 215(b) of the ees, the General may hold an informal con- cation. CAA. Appropriate citations may be issued ference for the purpose of discussing any is- (d) After an inspection, if the General with respect to an imminent danger even sues raised by an inspection, citation, or no- Counsel determines that a citation is not though, after being informed of such danger tice issued by the General Counsel. Any set- warranted with respect to a danger or viola- by the General Counsel’s designee, the em- tlement entered into by the parties at such April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1887 conference shall be subject to the approval of a variance from a standard, or portion there- to the Speaker of the House of Representa- the Executive Director under section 414 of of, authorized by section 6(b)(6)(A) of the tives and the President pro tempore of the the CAA and section 9.05 of these rules. If the OSHAct, as applied by section 215 of the Senate with a request that the order be pub- conference is requested by the employing of- CAA, may file a written application contain- lished in the Congressional Record. It shall fice, an affected employee or the employee’s ing the information specified in paragraph be a condition of the order that the affected representative shall be afforded an oppor- (b) of this section with the Board. Pursuant employing office shall give notice thereof to tunity to participate, at the discretion of the to section 215(c)(4) of the CAA, the Board affected employees by the same means to be General Counsel. If the conference is re- shall refer any matter appropriate for hear- used to inform them of an application for a quested by an employee or representative of ing to a hearing officer under subsections (b) variance. employees, the employing office shall be af- through (h) of section 405, subject to review § 4.26 Applications for permanent variances forded an opportunity to participate, at the by the Board pursuant to section 406. The and other relief. discretion of General Counsel. Any party procedures set forth at sections 7.01 through (a) Application for variance. Any employing may be represented by counsel at such con- 7.16 of these rules shall govern hearings office, or class of employing offices, desiring ference. under this subpart. a variance authorized by section 6(d) of the (b) Contents. An application filed pursuant RULES OF PRACTICE FOR VARIANCES, LIMITA- OSHAct, as applied by section 215 of the to paragraph (a) of this section shall include: TIONS, VARIATIONS, TOLERANCES, AND EX- CAA, may file a written application contain- EMPTIONS (1) The name and address of the applicant; (2) The address of the place or places of em- ing the information specified in paragraph § 4.20 Purpose and scope. ployment involved; (b) of this section, with the Board. Pursuant Sections 4.20 through 4.31 contain rules of (3) A specification of the standard or por- to section 215(c)(4) of the CAA, the Board practice for administrative proceedings to tion thereof from which the applicant seeks shall refer any matter appropriate for hear- grant variances and other relief under sec- a variance; ing to a hearing officer under subsections (b) tions 6(b)(6)(A) and 6(d) of the Williams- (4) A representation by the applicant, sup- through (h) of section 405, subject to review Steiger Occupational Safety and Health Act ported by representations from qualified per- by the Board pursuant to section 406. of 1970, as applied by section 215(c)(4) of the sons having first-hand knowledge of the facts (b) Contents. An application filed pursuant CAA. represented, that the applicant is unable to to paragraph (a) of this section shall include: (1) The name and address of the applicant; § 4.21 Definitions. comply with the standard or portion thereof (2) The address of the place or places of em- by its effective date and a detailed state- As used in sections 4.20 through 4.31, unless ployment involved; ment of the reasons thereof; the context clearly requires otherwise— (3) A description of the conditions, prac- (5) A statement of the steps the applicant (a) OSHAct means the Williams-Steiger Oc- tices, means, methods, operations, or proc- has taken and will take, with specific dates cupational Safety and Health Act of 1970, as esses used or proposed to be used by the ap- where appropriate, to protect employees applied to covered employees and employing plicant; against the hazard covered by the standard; and employing offices under section 215 of (4) A statement showing how the condi- (6) A statement of when the applicant ex- the CAA. tions, practices, means, methods, operations, pects to be able to comply with the standard (b) Party means a person admitted to par- or processes used or proposed to be used and of what steps the applicant has taken ticipate in a hearing conducted in accord- would provide employment and places of em- and will take, with specific dates where ap- ance with this subpart. An applicant for re- ployment to employees which are as safe and propriate, to come into compliance with the lief and any affected employee shall be enti- healthful as those required by the standard tled to be named parties. The General Coun- standard; (7) A statement of the facts the applicant from which a variance is sought; sel shall be deemed a party without the ne- (5) A certification that the applicant has would show to establish that (i) the appli- cessity of being named. informed its employees of the application by cant is unable to comply with a standard by (c) Affected employee means an employee (i) giving a copy thereof to their authorized its effective date because of unavailability of who would be affected by the grant or denial representative; (ii) posting a statement giv- professional or technical personnel or of ma- of a variance, limitation, tolerance, or ex- ing a summary of the application and speci- terials and equipment needed to come into emption, or any one of the employee’s au- fying where a copy may be examined, at the compliance with the standard or because thorized representatives, such as the employ- place or places where notices to employees necessary construction or alternation of fa- ee’s collective bargaining agent. are normally posted (or in lieu of such sum- cilities cannot be completed by the effective § 4.22 Effect of variances. mary, the posting of the application itself); date; (ii) the applicant is taking all available and (iii) by other appropriate means; and All variances granted pursuant to this part steps to safeguard its employees against the (6) A description of how employees have shall have only future effect. In its discre- hazards covered by the standard; and (iii) the been informed of the application and of their tion, the Board may decline to entertain an applicant has an effective program for com- right to petition the Board for a hearing. application for a variance on a subject or ing into compliance with the standard as (c) Interim order—(1) Application. An appli- issue concerning which a citation has been quickly as practicable; cation may also be made for an interim order issued to the employing office involved and a (8) A statement that the applicant has in- to be effective until a decision is rendered on proceeding on the citation or a related issue formed its affected employees of the applica- the application for the variance filed pre- concerning a proposed period of abatement is tion by giving a copy thereof to their author- viously or concurrently. An application for pending before the General Counsel, a hear- ized representative, posting a statement, giv- an interim order may include statements of ing officer, or the Board until the completion ing a summary of the application and speci- fact and arguments as to why the order of such proceeding. fying where a copy may be examined, at the should be granted. The hearing officer to § 4.23 Public notice of a granted variance, limi- place or places where notices to employees whom the Board has referred the application tation, variation, tolerance, or exemption. are normally posted, and by other appro- may rule ex parte upon the application. priate means; and The Board will transmit every final action (2) Notice of denial of application. If an ap- (9) A description of how affected employees granting a variance, limitation, variation, plication filed pursuant to paragraph (c)(1) of have been informed of the application and of tolerance, or exemption under this part of this section is denied, the applicant shall be their right to petition the Board for a hear- the Speaker of the House of Representatives given prompt notice of the denial, which ing. and the President pro tempore of the Senate shall include, or be accompanied by, a brief (c) Interim order—(1) Application. An appli- with a request that such final action be pub- statement of the grounds therefor. cation may also be made for an interim order lished in the Congressional record. Every (3) Notice of the grant of an interim order. If to be effective until a decision is rendered on such final action shall specify the alter- an interim order is granted, a copy of the the application for the variance filed pre- native to the standard involved which the order shall be served upon the applicant for viously or concurrently. An application for particular variance permits. the order and other parties, and the terms of an interim order may include statements of § 4.24 Form of documents. the order shall be transmitted by the Board fact and arguments as to why the order (a) Any applications for variances and to the Speaker of the House of Representa- should be granted. The hearing officer to other papers which are filed in proceedings tives and the President pro tempore of the whom the Board has referred the application under sections 4.20 through 4.31 of these rules Senate with a request that the order be pub- may rule ex parte upon the application. lished in the Congressional Record. It shall shall be written or typed. All applications (2) Notice of denial of application. If an ap- be a condition of the order that the affected for variances and other papers filed in vari- plication filed pursuant to paragraph (c)(1) of employing office shall give notice thereof to ance proceedings shall be signed by the ap- this section is denied, the applicant shall be affected employees by the same means to be plying employing office, by its attorney or given prompt notice of the denial, which used to inform them of an application for a other authorized representative, and shall shall include, or be accompanied by, a brief variance. contain the information required by sections statement of the grounds therefor. 4.25 or 4.26 of these rules, as applicable. (3) Notice of the grant of an interim order. If § 4.27 Modification or revocation of orders. § 4.25 Applications for temporary variances and an interim order is granted, a copy of the (a) Modification or revocation. An affected other relief. order shall be served upon the applicant for employing office or an affected employee (a) Application for variance. Any employing the order and other parties and the terms of may apply in writing to the Board for a office, or class of employing offices, desiring the order shall be transmitted by the Board modification or revocation of an order issued H1888 CONGRESSIONAL RECORD — HOUSE April 24, 1997 under section 6(b)(6)(A), or 6(d) of the ties of an agreement containing consent by a Hearing Officer, on the following condi- OSHAct, as applied by section 215 of the findings and a rule or order disposing of the tions: that all parties to the proceeding have CAA. The application shall contain: whole or any part of the proceeding. The al- adequate notice to prepare to meet the new (i) The name and address of the applicant; lowance of such opportunity and the dura- allegations; that the amendments, as appro- (ii) A description of the relief which is tion thereof shall be in the discretion of the priate, relate to the violations for which the sought; hearing officer, after consideration of the na- employee has completed counseling and me- (iii) A statement setting forth with par- ture of the proceeding, the requirements of diation, or relate to the charge(s) inves- ticularly the grounds for relief; the public interest, the representations of tigated and/or the citation or notification is- (iv) If the applicant is an employing office, the parties, and the probability of an agree- sued by the General Counsel; and that per- a certification that the applicant has in- ment which will result in a just disposition mitting such amendments will not unduly formed its affected employees of the applica- of the issues involved. prejudice the rights of the employing office, tion by: (b) Contents. Any agreement containing the labor organization, or other parties, un- a. Giving a copy of thereof to their author- consent findings and rule or order disposing duly delay the completion of the hearing or ized representative; of a proceeding shall also provide: otherwise interfere with or impede the pro- b. Posting at the place or places where no- (1) That the rule or order shall have the ceedings. same force and effect as if made after a full tices to employees are normally posted, a § 5.04 Confidentiality hearing; statement giving a summary of the applica- Pursuant to section 416(c) of the Act, ex- tion and specifying where a copy of the full (2) That the entire record on which any rule or order may be based shall consist sole- cept as provided in sub-sections 416(d), (e) application may be examined (or, in lieu of and (f), all proceedings and deliberations of the summary, posting the application itself); ly of the application and the agreement; (3) A waiver of any further procedural Hearing Officers and the Board, including and steps before the hearing officer and the any related records, shall be confidential. c. Other appropriate means. Board; and Section 416(c) does not apply to proceedings (v) If the applicant is an affected employee, (4) A waiver of any right to challenge or under section 215 of the Act, but does apply a certification that a copy of the application contest the validity of the findings and of to the deliberations of Hearing Officers and has been furnished to the employing office; the rule or order made in accordance with the Board under section 215. A violation of and the agreement. the confidentiality requirements of the Act (vi) Any request for a hearing, as provided (c) Submission. On or before the expiration and these rules could result in the imposi- in this part. of the time granted for negotiations, the par- tion of sanctions. Nothing in these rules (b) Renewal. Any final order issued under ties or their counsel may: shall prevent the Executive Director from section 6(b)(6)(A) of the OSHAct, as applied (1) Submit the proposed agreement to the reporting statistical information to the Sen- by section 215 of the CAA, may be renewed or hearing officer for his or her consideration; ate and House of Representatives, so long as extended as permitted by the applicable sec- or that statistical information does not reveal tion and in the manner prescribed for its is- (2) Inform the hearing officer that agree- the identity of the employees involved or of suance. ment cannot be reached. employing offices that are subject of a mat- (d) Disposition. In the event an agreement § 4.28 Action on applications. ter. See also sections 1.06, 1.07 and 7.12 of containing consent findings and rule or order these rules. (a) Defective applications. (1) If an applica- is submitted within the time allowed there- tion filed pursuant to sections 4.25(a), 4.26(a), fore, the hearing officer may accept such § 7.07(f) or 4.27 does not conform to the applicable agreement by issuing his or her decision (f) If the Hearing Officer concludes that a section, the hearing officer or the Board, as based upon the agreed findings. representative of an employee, a witness, a applicable, may deny the application. § 4.31 Order of Proceedings and Burden of charging party, a labor organization, an em- (2) Prompt notice of the denial of an appli- Proof. ploying office, or an entity alleged to be re- cation shall be given to the applicant. sponsible for correcting a violation has a (3) A notice of denial shall include, or be (a) Order of proceeding. Except as may be ordered otherwise by the hearing officer, the conflict of interest, he or she may, after giv- accompanied by, a brief statement of the ing the representative an opportunity to re- grounds for the denial. party applicant for relief shall proceed first at a hearing. spond, disqualify the representative. In that (4) a denial of an application pursuant to event, within the time limits for hearing and this paragraph shall be without prejudice to (b) Burden of proof. The party applicant shall have the burden of proof. decision established by the Act, the affected the filing of another application. § 5.01(a)(2) party shall be afforded reasonable time to re- (b) Adequate applications. (1) If an applica- tain other representation. tion has not been denied pursuant to para- (a)(2) The General Counsel may file a com- § 7.12 graph (a) of this section, the Office shall plaint alleging a violation of section 210, 215 cause to be published a notice of the filing of or 220 of the Act. Pursuant to section 416 of the Act, all pro- the application, which the Board will trans- § 5.01(b)(2) ceedings and deliberations of Hearing Offi- cers and the Board, including the transcripts mit to the Speaker of the House of Rep- (b)(2) A complaint may be filed by the Gen- of hearings and any related records, shall be resentatives and the President pro tempore eral Counsel. of the Senate with a request that the order (i) after the investigation of a charge filed confidential, except as specified in section be published in the Congressional Record. under section 210 or 220 of the Act, or 416(d), (e), and (f) of the Act. All parties to (2) A notice of the filing of an application (ii) after the issuance of a citation or noti- the proceeding and their representatives, and shall include: fication under section 215 of the Act. witnesses who appear at the hearing, will be (i) The terms, or an accurate summary, of § 5.01(c)(2) advised of the importance of confidentiality the application; in this process and of their obligations, sub- (c)(2) Complaints filed by the General Coun- ject to sanctions, to maintain it. This provi- (ii) a reference to the section of the sel. A complaint filed by the General Counsel sion shall not apply to proceedings under OSHAct applied by section 215 of the CAA shall be in writing, signed by the General section 215 of the Act, but shall apply to the under which the application has been filed; Counsel or his designee and shall contain the deliberations of Hearing Officers and the (iii) an invitation to interested persons to following information: submit within a stated period of time writ- (i) the name, address and telephone num- Board under that section. ten data, views, or arguments regarding the ber of, as applicable, (A) each entity respon- § 8.03(a) application; and sible for correction of an alleged violation of (a) Unless the Board has, in its discretion, (iv) information to affected employing of- section 210(b), (B) each employing office al- stayed the final decision of the Office during fices, employees, and appropriate authority leged to have violated section 215, or (C) each the pendency of an appeal pursuant to sec- having jurisdiction over employment or employing office and/or labor organization tion 407 of the Act, and except as provided in places of employment covered in the applica- alleged to have violated section 220, against sections 210(d)(5) and 215(c)(6), a party re- tion of any right to request a hearing on the which complaint is brought: quired to take any action under the terms of application. (ii) notice of the charge filed alleging a a final decision of the Office shall carry out § 4.29 Consolidation of proceedings. violation of section 210 or 220 and/or issuance its terms promptly, and shall within 30 days of a citation or notification under section after the decision or order becomes final and On the motion of the hearing officer or the 215; goes into effect by its terms, provide the Of- Board or that of any party, the hearing offi- (iii) a description of the acts and conduct fice and all other parties to the proceedings cers or the Board may consolidate or con- that are alleged to be violations of the Act, with a compliance report specifying the temporaneously consider two or more pro- including all relevant dates and places and manner in which compliance with the provi- ceedings which involve the same or closely the names and titles of the responsible indi- sions of the decision or order has been ac- related issues. viduals; and complished. If complete compliance has not § 4.30 Consent findings and rules or orders. (iv) a statement of the relief or remedy been accomplished within 30 days, the party (a) General. At any time before the recep- sought. required to take any such action shall sub- tion of evidence in any hearing, or during § 5.01(d) mit a compliance report specifying why com- any hearing a reasonable opportunity may (d) Amendments to the complaint may be pliance with any provision of the decision or be afforded to permit negotiation by the par- permitted by the Office or, after assignment, order has not yet been fully accomplished, April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1889 the steps being taken to assure full compli- tack Submarines’’; to the Committee on Na- 2973. A letter from the Acting Director, Of- ance, and the anticipated date by which full tional Security. fice of Surface Mining and Reclamation En- compliance will be achieved. 2963. A letter from the Chairman, Federal forcement, transmitting the Office’s final § 8.04 Judicial Review Deposit Insurance Corporation, transmitting rule—North Dakota Regulatory Program the 1996 annual report to Congress by the Di- [SPATS No. ND–034, Amendment No. XXIII] Pursuant to section 407 of the Act, vision of Compliance and Consumer Affairs (a) the United States Court of Appeals for received April 23, 1997, pursuant to 5 U.S.C. of the FDIC, pursuant to 15 U.S.C. 57a(f)(6); the Federal Circuit shall have jurisdiction 801(a)(1)(A); to the Committee on Resources. to the Committee on Banking and Financial 2974. A letter from the Acting Director, Of- over any proceeding commenced by a peti- Services. fice of Surface Mining and Reclamation En- tion of: 2964. A letter from the Acting Assistant (1) a party aggrieved by a final decision of forcement, transmitting the Office’s final Secretary for Employment and Training, De- the Board under section 406(e) in cases aris- rule—Arkansas Regulatory Program and partment of Labor, transmitting the Depart- ing under part A of title II; Abandoned Mine Land Reclamation Plan ment’s final rule—Training and Employment (2) a charging individual or respondent be- [SPATS No. AR–027–FOR] received April 23, (Employment and Training Administration) fore the Board who files a petition under sec- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the [Guidance Letter Nos. 6–96 and 7–96] received tion 210(d)(4); Committee on Resources. April 19, 1997, pursuant to 5 U.S.C. (3) the General Counsel or a respondent be- 2975. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Education fore the Board who files a petition under sec- fice of Surface Mining and Reclamation En- and the Workforce. forcement, transmitting the Office’s final tion 215(c)(5); or 2965. A letter from the Director, Office of (4) the General Counsel or a respondent be- rule—Texas Regulatory Program [SPATS Regulatory Management and Information, fore the Board who files a petition under sec- No. TX–030–FOR] received April 23, 1997, pur- Environmental Protection Agency, transmit- tion 220(c)(3) of the Act. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- ting the Agency’s final rule—Approval and (b) The U.S. Court of Appeals for the Fed- tee on Resources. Promulgation of Implementation Plans; eral Circuit shall have jurisdiction over any 2976. A letter from the Director, Office of California State Implementation Plan Revi- petition of the General Counsel, filed in the Global Programs, National Oceanic and At- sion, Placer County Air Pollution Control name of the Office and at the direction of the mospheric Administration, transmitting the District [CA 126–0032a; FRL–5815–5] received Board, to enforce a final decision under sec- Administration’s final rule—NOAA Climate April 23, 1997, pursuant to 5 U.S.C. tion 405(g) or 406(e) with respect to a viola- and Global Change Program, Program An- 801(a)(1)(A); to the Committee on Commerce. tion of part A, B, C, or D of title II of the nouncement [Docket No. 970324067–7067–01] 2966. A letter from the Director, Office of (RIN: 0648–ZA29) received April 21, 1997, pur- Act. Regulatory Management and Information, (c) The party filing a petition for review suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Environmental Protection Agency, transmit- tee on Science. shall serve a copy on the opposing party or ting the Agency’s final rule—Approval and parties or their representative(s). 2977. A letter from the Fiscal Assistant Promulgation of Implementation Plans: Secretary, the Board of Trustees, Federal f State of Washington [WA60–7135a; WA61– Hospital Insurance Trust Fund, transmitting EXECUTIVE COMMUNICATIONS, 7136a; and WA63–7138a; FRL–5812–7] received the 1977 annual report of the Board of Trust- April 23, 1997, pursuant to 5 U.S.C. ETC. ees of the Federal Hospital Insurance Trust 801(a)(1)(A); to the Committee on Commerce. Fund, pursuant to 42 U.S.C. 401(c)(2), Under clause 2 of rule XXIV, execu- 2967. A letter from the Director, Office of 1395i(b)(2), and 1395t(b)(2) (H. Doc. No. 105–73); tive communications were taken from Regulatory Management and Information, to the Committee on Ways and Means and the Speaker’s table and referred as fol- Environmental Protection Agency, transmit- ordered to be printed. lows: ting the Agency’s final rule—Approval and 2978. A letter from the Board of Trustees, Promulgation of Implementation Plans; New Federal Old-Age and Survivors Insurance and 2957. A letter from the Administrator, Ag- Jersey; Consumer and Commercial Products Disability Insurance Trust Funds, Transmit- ricultural Marketing Service, transmitting Rule [Region II Docket No. NJ26–2–165, FRL– ting the 1997 annual report of the Board of the Service’s final rule—Onions Grown in 5813–9] received April 23, 1997, pursuant to 5 Trustees of the Federal Old-Age and Survi- South Texas; Amendment of Sunday Packing U.S.C. 801(a)(1)(A); to the Committee on vors Insurance and the Federal Disability In- and Loading Prohibitions [Docket No. FV97– Commerce. surance Trust Funds, pursuant to 42 U.S.C. 959–1 IFR] received April 23, 1997, pursuant to 2968. A letter from the Director, Defense 401(c)(2), 1395i(b)(2), and 1385t(b)(2) (H. Doc. 5 U.S.C. 801(a)(1)(A); to the Committee on Security Assistance Agency, transmitting No. 105–72); to the Committee on Ways and Agriculture. notification concerning the Department of Means and ordered to be printed. 2958. A communication from the President the Air Force’s proposed Letter(s) of Offer 2979. A letter from the Chief, Regulations of the United States, transmitting his re- and Acceptance [LOA] to Australia for de- Unit, Internal Revenue Service, transmitting quests for emergency fiscal year 1997 supple- fense articles and services (Transmittal No. the Service’s final rule—Medical Savings Ac- mental appropriations for emergency ex- 97–10), pursuant to 22 U.S.C. 2776(b); to the counts [Rev. Rul. 97–20] received April 23, penses related to the devastating flooding in Committee on International Relations. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the North Dakota, South Dakota, and Min- 2969. A letter from the Assistant Secretary Committee on Ways and Means. nesota, and to designate the amounts made for Legislative Affairs, Department of State, 2980. A letter from the Executive Director, available as an emergency requirement pur- transmitting a report entitled ‘‘Country Re- Office of Compliance, transmitting notice of suant to section 251(b)(2)(D)(i) of the Bal- ports on Human Rights Practices for 1996,’’ adoption of amendments to the Procedural anced Budget and Emergency Deficit Control pursuant to 22 U.S.C. 215ln(d); to the Com- Rules of the Office for printing in the CON- Act of 1985, as amended, pursuant to 31 mittee on International Relations. GRESSIONAL RECORD, pursuant to Public Law U.S.C. 1107 (H. Doc. No. 105–71); to the Com- 2970. A letter from the Executive Director, 104–1, section 303(b) (109 Stat. 28); jointly, to mittee on Appropriations and ordered to be District of Columbia Financial Responsibil- the Committees on House Oversight and printed. ity and Management Assistance Authority, Education and the Workforce. 2959. A letter from the Comptroller General transmitting the Authority’s report entitled 2981. A letter from the Board of Trustees, of the United States, the General Accounting ‘‘Toward a More Equitable Relationship: Federal Supplementary Medical Insurance Office, transmitting a review of the Presi- Structuring the District of Columbia’s State Trust Fund, transmitting the 1997 annual re- dent’s second and third special impoundment Functions’’; to the Committee on Govern- port of the Board of Trustees of the Federal message for fiscal year 1997, pursuant to 2 ment Reform and Oversight. Supplementary Medical Insurance Trust U.S.C. 685 (H. Doc. No. 105–76); to the Com- 2971. A letter from the Commissioner, Bu- Fund, pursuant to 42 U.S.C. 401(c)(2), mittee on Appropriations and ordered to be reau of Reclamation, Department of the In- 1395i(b)(2) (H. Doc. No. 105–74); jointly, to the printed. terior, transmitting a report on the neces- Committees on Ways and Means and Com- 2960. A letter from the Director, the Office sity to construct modifications to Lost merce, and ordered to be printed. of Management and Budget, transmitting Creek Dam, Weber Basin Project, UT, for 2982. A letter from the Secretary of Hous- the cumulative report on rescissions and de- safety reasons, pursuant to 43 U.S.C. 509; to ing and Urban Development, transmitting a ferrals of budget authority as of April 1, 1997, the Committee on Resources. draft of proposed legislation entitled the pursuant to 2 U.S.C. 685(e) (H. Doc. No. 105– 2972. A letter from the Acting Director, Of- ‘‘Public Housing Management Reform Act of 75); to the Committee on Appropriations and fice of Sustainable Fisheries, National Oce- 1997’’; jointly, to the Committees on Banking ordered to be printed. anic and Atmospheric Administration, trans- and Financial Services, Ways and Means, 2961. A letter from the General Counsel, mitting the Administration’s final rule— Education and the Workforce, and the Judi- Department of Defense, transmitting a draft Fisheries Off West Coast States and in the ciary. of proposed legislation entitled ‘‘Eligibility Western Pacific; Ocean Salmon Fisheries Off for the Defense Experimental Program to the Coast of Washington, Oregon, and Cali- f Stimulate Competitive Research’’; to the fornia; Inseason Adjustments, Cape Falcon, REPORTS OF COMMITTEES ON Committee on National Security. OR, to the Oregon-California Border [Docket PUBLIC BILLS AND RESOLUTIONS 2962. A letter from the General Counsel, No. 960429120–6120–01; I.D. 040897A] received Department of Defense, transmitting a draft April 24, 1997, pursuant to 5 U.S.C. Under clause 2 of rule XIII, reports of of proposed legislation entitled ‘‘Nuclear At- 801(a)(1)(A); to the Committee on Resources. committees were delivered to the Clerk H1890 CONGRESSIONAL RECORD — HOUSE April 24, 1997 for printing and reference to the proper mined by the Speaker, in each case for con- H.R. 1435. A bill to amend the Higher Edu- calendar, as follows: sideration of such provisions as fall within cation Act of 1965 to improve the access to the jurisdiction of the committee concerned. and affordability of higher education, and for Mr. YOUNG of Alaska: Committee on Re- By Mr. GILMAN (for himself, Mr. other purposes; to the Committee on Edu- sources. H.R. 408. A bill to amend the Marine ARMEY, Mr. SOLOMON, Mr. GOSS, Mr. cation and the Workforce. Mammal Protection Act of 1972 to support WELDON of Pennsylvania, and Mr. By Mr. CLAY (for himself, Mr. KILDEE, the International Dolphin Conservation Pro- COX of California): Mr. MARTINEZ, Mr. OWENS, Mr. gram in the eastern tropical Pacific Ocean, H.R. 1431. A bill to ensure that the enlarge- PAYNE, Mr. ANDREWS, Mr. SCOTT, Mr. and for other purposes; with an amendment ment of the North Atlantic Treaty Organiza- ROMERO-BARCELO, Mr. FATTAH, Mr. (Rept. 105–74 Pt. 1). Ordered to be printed. tion [NATO] proceeds in a manner consistent HINOJOSA, Mrs. MCCARTHY of New Mr. YOUNG of Alaska: Committee on Re- with United States interests, to strengthen York, Ms. SANCHEZ, Mr. FORD, Mr. sources. H.R. 478. A bill to amend the Endan- relations between the United States and KUCINICH, Mr. BONIOR, Mr. LEWIS of gered Species Act of 1973 to improve the abil- Russia, to preserve the prerogatives of the Georgia, Ms. WATERS, Mr. HILLIARD, ity of individuals and local, State, and Fed- Congress with respect to certain arms con- Ms. EDDIE BERNICE JOHNSON of Texas, eral agencies to comply with that act in trol agreements, and for other purposes; to Mr. RANGEL, Mr. STOKES, Mr. BISHOP, building, operating, maintaining, or repair- the Committee on International Relations. Ms. BROWN of Florida, Ms. CARSON, ing flood control projects, facilities, or By Mr. CRANE (for himself, Mr. RAN- Mrs. CLAYTON, Mr. CUMMINGS, Mr. structures; with amendments (Rept. 105–75). GEL, Mr. MCDERMOTT, Mr. HOUGHTON, DIXON, Ms. MCKINNEY, Mrs. MEEK of Referred to the Committee of the Whole Mr. JEFFERSON, Mr. MANZULLO, Mr. Florida, Ms. NORTON, Mr. RUSH, Mr. House on the State of the Union. EHLERS, Mr. KOLBE, Mr. DREIER, Ms. TOWNS, Mr. SERRANO, Mr. WYNN, Mr. f CHRISTIAN-GREEN, Mr. TOWNS, Mr. DAVIS of Illinois, and Ms. CHRISTIAN- MCNULTY, Mrs. MEEK of Florida, Ms. GREEN): REPORTED BILLS SEQUENTIALLY CARSON, Mr. PAYNE, Ms. FURSE, Ms. H.R. 1436. A bill to assist local commu- REFERRED MCKINNEY, Ms. JACKSON-LEE, Mr. nities in the renewal of their public schools; FALEOMAVAEGA, Ms. NORTON, Mr. to the Committee on Education and the Under clause 5 of rule X, bills and re- RUSH, Mr. HASTINGS of Florida, Mr. Workforce. ports were delivered to the Clerk for HALL of Ohio, Mr. DELLUMS, Mr. By Mr. CASTLE (for himself, Mrs. printing, and bills referred as follows: FORD, Mr. FOGLIETTA, Mr. FATTAH, JOHNSON of Connecticut, Mr. CARDIN, Mr. YOUNG of Alaska: Committee on Re- Mr. BISHOP, Mr. HILLIARD, Mrs. CLAY- Mr. BACHUS, Mr. DEFAZIO, Mr. BOEH- sources. H.R. 408. A bill to amend the Marine TON, Mr. OWENS, Mr. SCOTT, Mr. LERT, Mr. MCGOVERN, Mr. NEAL of Mammal Protection Act of 1972 to support HINCHEY, Mr. BISHOP, Mr. HILLIARD, Massachusetts, Mr. SERRANO, Mr. BE- the International Dolphin Conservation Pro- Mr. OWENS, Mr. SCOTT, Mr. HINCHEY, REUTER, Mr. LAHOOD, Mr. LEWIS of gram in the eastern tropical Pacific Ocean, and Mr. BEREUTER): Georgia, and Mr. OLVER): and for other purposes; with an amendment; H.R. 1432. A bill to authorize a new trade H.R. 1437. A bill to amend the Internal Rev- referred to the Committee on Ways and and investment policy for sub-Saharan Afri- enue Code of 1986 to provide for the estab- Means for a period ending not later than can; to the Committee on International Re- lishment of an intercity passenger rail trust May 5, 1997, for consideration of such provi- lations, and in addition to the Committees fund, and for other purposes; to the Commit- sions of the bill and amendment as fall with- on Ways and Means, and Banking and Finan- tee on Ways and Means, and in addition to the Committee on Transportation and Infra- in the jurisdiction of that committee pursu- cial Services, for a period to be subsequently structure, for a period to be subsequently de- ant to clause 1(s), rule X. determined by the Speaker, in each case for consideration of such provisions as fall with- termined by the Speaker, in each case for f in the jurisdiction of the committee con- consideration of such provisions as fall with- cerned. in the jurisdiction of the committee con- PUBLIC BILLS AND RESOLUTIONS By Mr. LAZIO of New York (for himself cerned. Under clause 5 of rule X and caluse 4 and Mr. KENNEDY of Massachusetts): By Ms. DEGETTE (for herself, Mr. of rule XXII, public bills and resolu- H.R. 1433. A bill to protect the financial in- RIGGS, Mr. HANSEN, Mr. WAXMAN, Mr. MEEHAN, Ms. FURSE, Mr. OBERSTAR, tions were introduced and severally re- terests of the Federal Government through debt restructuring and subsidy reduction in Mr. COOK, Mr. MCDERMOTT, Ms. NOR- ferred as follows: connection with multifamily housing; to en- TON, Mr. OLVER, Mrs. TAUSCHER, Mr. By Mr. HORN (for himself, Mr. DREIER, hance the effectiveness of enforcement provi- LEWIS of Georgia, Mr. CASTLE, Ms. Mr. FOLEY, Mr. BILBRAY, Mr. CAL- sions relating to single family and multifam- CHRISTIAN-GREEN, Mr. MCHALE, Mr. VERT, Mr. CUNNINGHAM, Mr. ENGLISH ily housing, including amendments to the TIERNEY, Mr. UNDERWOOD, Mr. MIL- of Pennsylvania, Mr. GALLEGLY, Mr. bankruptcy code; to consolidate and reform LER of California, Mr. DEFAZIO, and LEWIS of California, Mr. MCKEON, Mr. the management of multifamily housing pro- Mrs. LINDA SMITH of Washington): PACKARD, Mr. RIGGS, Mr. ROYCE, Mr. grams; and for other purposes; to the Com- H.R. 1438. A bill to prohibit the Federal STEARNS, Mr. STUMP, Mr. TRAFICANT, mittee on Banking and Financial Services, Government from providing insurance, rein- and Mr. HUNTER): and in addition to the Committees on Ways surance, or noninsured crop disaster assist- H.R. 1428. A bill to amend the Immigration and Means, and the Judiciary, for a period to ance for tobacco; to the Committee on Agri- and Nationality Act to establish a system be subsequently determined by the Speaker, culture. through which the Commissioner of Social in each case for consideration of such provi- By Mr. DOOLITTLE: Security and the Attorney General respond sions as fall within the jurisdiction of the H.R. 1439. A bill to facilitate the sale of to inquiries made by election officials con- committee concerned. certain land in Tahoe National Forest, in the cerning the citizenship of voting registration By Mr. HERGER: State of California to Placer County, CA; to applicants and to amend the Social Security H.R. 1434. A bill to amend the Internal Rev- the Committee on Resources. Act to permit States to require individuals enue Code of 1986 to authorize the Secretary By Mr. ENGEL (for himself and Mrs. registering to vote in elections to provide of the Treasury to postpone certain tax-re- MCCARTHY of New York): the individual’s Social Security number; to lated deadlines in the case of taxpayers af- H.R. 1440. A bill to require the Department of Education to provide links to databases of the Committee on the Judiciary; and in addi- fected by a Presidentially declared disaster, information concerning scholarships and fel- tion to the Committees on House Oversight, and for other purposes; to the Committee on lowships; to the Committee on Education and Ways and Means, for a period to be sub- Ways and Means. and the Workforce. sequently determined by the Speaker, in By Mr. CLAY (for himself, Mr. MILLER By Mr. ENGLISH of Pennsylvania: each case for consideration of such provi- of California, Mr. MARTINEZ, Mr. H.R. 1441. A bill to amend the Internal Rev- sions as fall within the jurisdiction of the OWENS, Mr. PAYNE, Mr. ANDREWS, Mr. enue Code of 1986 with respect to discharge of committee concerned. SCOTT, Mr. ROMERO-BARCELO, Mr. indebtedness income from prepayment of By Mr. SHUSTER (for himself, Mr. FATTAH, Mr. HINOJOSA, Mrs. MCCAR- loans under section 306B of the Rural Elec- OBERSTAR, Mr. KIM, and Mr. TRAFI- THY of New York, Mr. TIERNEY, Ms. trification Act of 1936; to the Committee on CANT): SANCHEZ, Mr. FORD, Mr. KUCINICH, Ways and Means. H.R. 1429. A bill to reauthorize and amend Mr. LEWIS of Georgia, Ms. WATERS, By Mr. GONZALEZ (for himself and the Appalachian Regional Development Act Mr. HILLIARD, Ms. EDDIE BERNICE Mrs. MALONEY of New York): of 1965; to the Committee on Transportation JOHNSON of Texas, Mr. RANGEL, Mr. H.R. 1442. A bill to amend the Federal Re- and Infrastructure. STOKES, Mr. BISHOP, Ms. BROWN of serve Act to expand the opportunity for pri- H.R. 1430. A bill to reauthorize and make Florida, Ms. CARSON, Mrs. CLAYTON, vate enterprise to compete with the Board of reforms to programs authorized by the Pub- Mr. CLYBURN, Mr. CUMMINGS, Mr. Governors of the Federal Reserve System in lic Works and Economic Development Act of DIXON, Mr. FLAKE, Ms. MCKINNEY, the provision of check-clearing and other 1965; to the Committee on Transportation Mrs. MEEK of Florida, Ms. NORTON, services, and for other purposes; to the Com- and Infrastructure, and in addition to the Mr. RUSH, Mr. TOWNS, Mr. WYNN, Mr. mittee on Banking and Financial Services. Committee on Banking and Financial Serv- SERRANO, Mr. DAVIS of Illinois, and By Mr. HOUGHTON (for himself, Mr. ices, for a period to be subsequently deter- Ms. CHRISTIAN-GREEN): KLECZKA, Mr. BUNNING of Kentucky, April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1891

Mr. HERGER, Mr. CRANE, Mr. ENGLISH BERMAN, Mr. STARK, Mr. PALLONE, tion to the Committees on Commerce, Na- of Pennsylvania, Mr. CHRISTENSEN, Mr. ABERCROMBIE, Mr. DINGELL, Mr. tional Security, and Government Reform and Mr. MCCRERY, Mr. MCNULTY, Mrs. MCGOVERN, Mr. KUCINICH, Mr. CLAY, Oversight, for a period to be subsequently de- KENNELLY of Connecticut, Mr. NEAL Mr. HINCHEY, Mr. OLVER, Mr. EVANS, termined by the Speaker, in each case for of Massachusetts, Ms. DUNN of Wash- Mrs. MINK of Hawaii, Ms. MCKINNEY, consideration of such provisions as fall with- ington, Mr. WELLER, Mr. MATSUI, and Ms. PELOSI, Mrs. CLAYTON, Mr. DEL- in the jurisdiction of the committee con- Mr. SHAW): LUMS, Ms. CHRISTIAN-GREEN, Mr. cerned. H.R. 1443. A bill to amend the Revenue Act GEJDENSON, Mr. KIND of Wisconsin, By Mrs. THURMAN (for herself, Mr. of 1987 to provide a permanent extension of Mr. SANDERS, Mr. FRANK of Massa- STARK, Mr. SHAW, and Mr. DAVIS of the transition rule for certain publicly trad- chusetts, Mr. HEFNER, Mr. LANTOS, Florida): ed partnerships; to the Committee on Ways Mr. SPRATT, and Mr. BROWN of Ohio): H.R. 1457. A bill to amend title XVIII of the and Means. H.R. 1450. A bill to provide certain require- Social Security Act to improve efforts to By Mr. KENNEDY of Massachusetts ments for labeling textile fiber products and combat fraud and abuse under the Medicare (for himself, Mr. OLVER, Mr. to implement minimum wage and immigra- Program for suppliers of durable medical SERRANO, Mr. TOWNS, Mr. tion requirements in the Commonwealth of equipment, home health agencies, and other UNDERWOOD, Mr. THOMPSON, Ms. the Northern Mariana Islands; to the Com- providers through disclosure of information BROWN of Florida, Mr. FOX of Penn- mittee on Resources. on ownership interests and requirement for a sylvania, Mr. FROST, Mr. By Mr. MORAN of Virginia (for him- surety bond; to the Committee on Com- FALEOMAVAEGA, Mr. MCGOVERN, Mr. self, Mr. PAYNE, Mr. SERRANO, Mr. merce, and in addition to the Committee on DELLUMS, and Mr. BISHOP): WOLF, Mrs. MORELLA, Mr. SCOTT, Mr. Ways and Means, for a period to be subse- H.R. 1444. A bill to establish a grant pro- COYNE, Mr. UNDERWOOD, Mr. MILLER quently determined by the Speaker, in each gram to install safety devices and improve of California, Mr. DELLUMS, Mr. case for consideration of such provisions as safety at convenience stores; to the Commit- MCDERMOTT, Mr. BENTSEN, Mr. FAZIO fall within the jurisdiction of the committee tee on the Judiciary. of California, Ms. JACKSON-LEE, Mr. concerned. By Mr. KING of New York (for himself HALL of Ohio, Ms. NORTON, Ms. By Mr. TIAHRT (for himself and Mr. and Mrs. MCCARTHY of New York): MCKINNEY, Mr. BORSKI, Ms. RIVERS, WATTS of Oklahoma): H.R. 1445. A bill to amend the Personal Re- Mr. THOMPSON, Ms. LOFGREN, Mr. H.R. 1458. A bill to amend the Federal Elec- sponsibility and Work Opportunity Rec- STRICKLAND, Mr. ACKERMAN, Mr. BOU- tion Campaign Act of 1971 to prohibit labor onciliation Act of 1996 to provide for contin- CHER, Mrs. MALONEY of New York, organizations from using funds withheld ued eligibility for supplemental security in- Mr. GREEN, and Mrs. THURMAN): from wages for activities related to a cam- come and food stamps with regard to certain H.R. 1451. A bill to amend the Public paign for election for Federal office; to the classifications of aliens; to the Committee Health Service Act with respect to research Committee on House Oversight. on Ways and Means, and in addition to the regarding the health of children; to the Com- By Mr. TIAHRT (for himself and Mr. Committee on Agriculture, for a period to be mittee on Commerce. BURTON of Indiana) (both by request): subsequently determined by the Speaker, in By Mrs. MORELLA (for herself, Mr. H.R. 1459. A bill to amend part E of title IV each case for consideration of such provi- KENNEDY of Massachusetts, Ms. NOR- of the Social Security Act to prevent chil- sions as fall within the jurisdiction of the dren from languishing in foster care; to the TON, Mr. MARTINEZ, Mr. OWENS, Mr. committee concerned. Committee on Ways and Means. FOX of Pennsylvania, and Mr. MORAN By Mr. KLUG (for himself, Mr. SENSEN- of Virginia): By Mr. UNDERWOOD: BRENNER, Mr. BARRETT of Wisconsin, H.R. 1452. A bill to amend part E of title IV H.R. 1460. A bill to allow for election of the Mr. KLECZKA, Mr. OBEY, and Mr. KIND of the Social Security Act to provide for Delegate from Guam by other than separate of Wisconsin): demonstration projects to test the feasibil- ballot, and for other purposes; to the Com- H.R. 1446. A bill to require the Secretary of ity of establishing kinship care as an alter- mittee on Resources. the Navy to terminate the operation of the native to foster care for a child who has By Mr. VENTO (for himself, Mr. PETER- Extremely Low Frequency Communications SON of Minnesota, Mr. OBERSTAR, Mr. System of the Navy; to the Committee on adult relatives willing to provide safe and appropriate care for the child, and to require SABO, Mr. POMEROY, and Mr. MINGE): National Security. H.R. 1461. A bill to facilitate recovery from notice to adult relative caregivers; to the By Mr. LAZIO of New York (for himself the recent flooding of the Red River and its Committee on Ways and Means. and Mr. KENNEDY of Massachusetts) tributaries by providing greater flexibility (both by request): By Mr. PALLONE (for himself, Mr. for depository institutions and their regu- H.R. 1447. A bill to reform the United SHAYS, Mr. DEFAZIO, Mr. GILCHREST, lators, and for other purposes; to the Com- States Housing Act of 1937, deregulate the and Mrs. MORELLA): mittee on Banking and Financial Services. H.R. 1453. A bill to amend the Federal public housing program and the program for By Mr. VISCLOSKY: rental housing assistance for low-income Water Pollution Control Act to improve the H.R. 1462. A bill to authorize the Adminis- families, and increase community control enforcement and compliance programs; to trator of the Environmental Protection over such programs, and for other purposes; the Committee on Transportation and Infra- Agency to establish a pilot project providing to the Committee on Banking and Financial structure. loans to States to establish revolving loans Services, and in addition to the Committee By Mr. RIGGS: for the environmental cleanup of brownfield H.R. 1454. A bill to prohibit the Adminis- on Ways and Means, for a period to be subse- sites in distressed areas that have the poten- trator of the Federal Aviation Administra- quently determined by the Speaker, in each tial to attract private investment and create case for consideration of such provisions as tion from closing certain flight service sta- local employment; to the Committee on fall within the jurisdiction of the committee tions; to the Committee on Transportation Commerce. concerned. and Infrastructure. By Mr. RANGEL: By Mr. LEWIS of Georgia: By Mr. RUSH (for himself, Mr. FROST, H.J. Res. 73. Joint resolution proposing an H.R. 1448. A bill to improve the control of Ms. CHRISTIAN-GREEN, Mrs. MINK of amendment to the Constitution of the Unit- outdoor advertising in areas adjacent to the Hawaii, Ms. DEGETTE, Ms. LOFGREN, ed States respecting the right to a home; to Interstate System, the National Highway Mr. GONZALEZ, Mr. SAWYER, Mr. ACK- the Committee on the Judiciary. System, and certain other federally assisted ERMAN, Ms. WATERS, Mr. TOWNS, Mr. By Mr. KIM: highways, and for other purposes; to the RANGEL, Mr. HILLIARD, and Ms. KIL- H. Con. Res. 66. Concurrent resolution au- Committee on Transportation and Infra- PATRICK): thorizing the use of the Capitol Grounds for structure. H.R. 1455. A bill to preserve the eligibility the 16th annual National Peace Officers’ Me- By Mr. LEWIS of Georgia (for himself, for Federal loans and guarantees of disabled morial Service; to the Committee on Trans- Mr. FARR of California, Mr. STARK, children whose supplemental security in- portation and Infrastructure. Mrs. MINK of Hawaii, Mr. DELLUMS, come benefits are terminated by the Per- H. Con. Res. 67. Concurrent resolution au- Mr. LIPINSKI, and Ms. CHRISTIAN- sonal Responsibility and Work Opportunity thorizing the 1997 Special Olympics Torch GREEN): Reconciliation Act of 1996; to the Committee Relay to be run through the Capitol H.R. 1449. A bill to amend the Internal Rev- on Government Reform and Oversight. Grounds; to the Committee on Transpor- enue Code of 1986 to impose an annual tax on By Mr. THORNBERRY: tation and Infrastructure. outdoor advertising to provide funding for H.R. 1456. A bill to amend title 10, United By Mr. THOMAS: surface transportation programs, and for States Code, to improve the access to mili- H. Res. 129. Resolution providing amounts other purposes; to the Committee on Ways tary treatment facilities for retired members for the expenses of certain committees of the and Means, and in addition to the Committee of the uniformed services, and their depend- House of Representatives in the 105th Con- on Transportation and Infrastructure, for a ents, who are over 65 years of age, to provide gress; to the Committee on House Oversight. period to be subsequently determined by the for Medicare reimbursement for health care By Mr. GUTKNECHT: Speaker, in each case for consideration of services provided to such persons, and, as an H. Res. 130. Resolution providing for a such provisions as fall within the jurisdic- alternative health care approach, to permit lump sum allowance for the Corrections Cal- tion of the committee concerned. such persons to enroll in the Federal Em- endar Office; considered and agreed to. By Mr. MILLER of California (for him- ployees Health Benefits program; to the By Mr. KENNEDY of Massachusetts self, Mr. LIPINSKI, Mr. KLECZKA, Mr. Committee on Ways and Means, and in addi- (for himself, Mr. GEPHARDT, Mr. H1892 CONGRESSIONAL RECORD — HOUSE April 24, 1997 FRANK of Massachusetts, Mr. ADDITIONAL SPONSORS H.R. 628: Mr. STUMP. TIERNEY, Mr. MARKEY, Ms. DEGETTE, H.R. 630: Ms. MILLENDER-MCDONALD. Under clause 4 of rule XXII, sponsors Mr. ABERCROMBIE, Mr. CLEMENT, Ms. H.R. 659: Mr. LATHAM and Mr. HOSTETTLER. DELAURO, Mr. HALL of Ohio, Ms. were added to public bills and resolu- H.R. 674: Mr. DAVIS of Illinois, Mrs. CLAY- JACKSON-LEE, Mr. DELLUMS, Mr. tions as follows: TON, Mr. HUTCHINSON, Mr. DREIER, and Mr. BARRETT of Wisconsin, Ms. NORTON, H.R. 2: Mr. HILL, Ms. PRYCE of Ohio, Mr. SCARBOROUGH. Mr. SAWYER, Mr. CONYERS, Mr. LA- SENSENBRENNER, and Mr. OXLEY. H.R. 695: Mr. GORDON, Mr. HUTCHINSON, Ms. FALCE, Mr. OLVER, Mr. NEAL of Mas- H.R. 15: Mr. FAWELL, Mr. KING of New RIVERS, Mr. SNOWBARGER, and Mrs. sachusetts, Mr. MEEHAN, Mr. LEWIS of York, Mr. TOWNS, and Mr. SPENCE. TAUSCHER. Georgia, Mr. DELAHUNT, Mr. H.R. 38: Mr. STUPAK and Mr. PALLONE. H.R. 722: Mr. CHRISTENSEN, Mr. WEYGAND, Mrs. MALONEY of New H.R. 64: Mr. THOMAS. FRELINGHUYSEN, Mr. SHAYS, Ms. PRYCE of York, Mr. ACKERMAN, Mr. SCHUMER, H.R. 66: Mr. RUSH, Mr. MCINTOSH, and Mr. Ohio, Mr. MICA, and Mr. NORWOOD. Mr. NADLER, Mr. MCGOVERN, Ms. RIV- CRAMER. H.R. 723: Mr. GANSKE and Mrs. NORTHUP. ERS, Mr. COYNE, Ms. PELOSI, Mr. H.R. 107: Mr. YOUNG of Florida, Mr. H.R. 753: Mr. CLYBURN, Mr. BLAGOJEVICH, PALLONE, Ms. LOFGREN, Mr. GON- STUPAK, Mr. CRAMER, and Mr. MICA. Mrs. MEEK of Florida, Ms. WOOLSEY, Mr. ZALEZ, Mr. FORD, Mr. PAYNE, Ms. H.R. 122: Mr. DOOLITTLE, Mr. BOEHNER, Mr. KUCINICH, Mr. COYNE, Ms. EDDIE BERNICE STABENOW, Mrs. TAUSCHER, Mr. ARMEY, Mr. COBURN, Mr. ROYCE, Mr. BART- JOHNSON of Texas, Mr. SHAYS and Mrs. POSHARD, Mr. DAVIS of Illinois, Mr. LETT of Maryland, and Mr. NEY. TAUSCHER. BORSKI, Mr. CLAY, Mr. OBERSTAR, H.R. 135: Mr. BORSKI, Mr. LAMPSON, and Mr. H.R. 756: Mr. JONES and Mr. HASTINGS of Mrs. MINK of Hawaii, Mr. MOAKLEY, MOLLOHAN. Florida. H.R. 145: Ms. ROS-LEHTINEN, Mr. SANDLIN, Mrs. CLAYTON, Mr. HILLIARD, Mr. H.R. 775: Ms. KILPATRICK. Mr. TIERNEY, Mr. JOHNSON of Wisconsin, Ms. ALLEN, Mr. HINCHEY, Mr. MORAN of H.R. 778: Mr. WAXMAN. RIVERS, and Mr. LATOURETTE. Virginia, Mr. SERRANO, Mr. FLAKE, H.R. 779: Mr. WAXMAN. H.R. 150: Mr. RUSH, Ms. DELAURO, and Mr. Mr. BENTSEN, and Mr. BONIOR): H.R. 780: Mr. WAXMAN. H. Res. 131. Resolution expressing the sense MILLER of California. H.R. 786: Mr. RILEY. H.R. 155: Mr. LAMPSON. of the House of Representatives that the H.R. 816: Mr. RILEY. H.R. 158: Mr. TALENT, Mr. FROST, Mr. NEY, Federal commitment to early childhood de- H.R. 850: Mr. FOGLIETTA, Mr. TOWNS, Mr. and Mr. BLILEY. velopment programs should be supported by SERRANO, Mr. FROST, Mr. MILLER of Califor- H.R. 159: Mr. BLILEY. sufficient funding to meet the needs of in- nia, Mr. FILNER, Ms. CHRISTIAN-GREEN, Mr. H.R. 176: Mr. FROST, Mr. MANTON, and Mr. fants and toddlers in the areas of health, nu- MANTON, Mr. BOEHLERT, Mr. QUINN, Mr. ACK- HANSEN. ERMAN, Mr. FLAKE, and Ms. WATERS. trition, education, and child care; to the H.R. 192: Mr. NETHERCUTT, Mr. EVERETT, Committee on Education and the Workforce. H.R. 866. Mr. KNOLLENBERG and Mr. Mr. MASCARA, Mr. WELLER, Mr. NEY, and Mr. STEARNS. By Mr. SANDERS (for himself, Ms. WA- KING of New York. H.R. 867: Mr. BUNNING of Kentucky, Mr. EN- TERS, Mr. GEJDENSON, Mr. PALLONE, H.R. 209: Mrs. MCCARTHY of New York and SIGN, Mr. HERGER, Mr. WELLER, Mr. DELAY, Mr. DELLUMS, Mr. FILNER, and Ms. Mr. NEY. and Mr. MCHALE. CHRISTIAN-GREEN): H.R. 219: Mr. ENSIGN, Mr. MATSUI, Mr. H. Res. 132. Resolution expressing the sense H.R. 871: Mr. BISHOP. FRANKS of New Jersey, Mr. JONES, Mr. H.R. 876: Mr. JEFFERSON, Mr. PAPPAS, Mr. of the House of Representatives against re- DOOLEY of California, Mr. WEXLER, Mr. ductions in Social Security benefits and ar- DAVIS of Virginia, and Mr. SNOWBARGER. FRELINGHUYSEN, Mr. RADANOVICH, Mr. JOHN, H.R. 901: Mr. BARTON of Texas, Mr. DREIER, bitrary reductions in the Consumer Price Mr. FROST, Mr. GEJDENSON, Mr. WATKINS, and Mr. GANSKE. Index; to the Committee on Ways and Means, Mr. DELAHUNT, Mr. BUNNING of Kentucky, H.R. 902: Mrs. NORTHUP and Mr. ADERHOLT. and in addition to the Committee on Edu- Ms. ESHOO, Ms. NORTON, Mr. COMBEST, Mr. H.R. 907: Mr. LEWIS of Georgia. cation and the Workforce, for a period to be FILNER, Mr. YOUNG of Alaska, and Mr. H.R. 910: Mr. DELLUMS and Ms. KAPTUR. subsequently determined by the Speaker, in KNOLLENBERG. H.R. 911: Mr. KLECZKA, Mr. GEKAS, Mr. each case for consideration of such provi- H.R. 248: Mr. TIAHRT. RILEY, Mr. LANTOS, and Mr. SOLOMON. sions as fall within the jurisdiction of the H.R. 279: Mr. GOODLING and Mr. OLVER. H.R. 915: Mr. SPRATT, Mr. BORSKI, Ms. WA- committee concerned. H.R. 299: Mr. MATSUI and Mr. COYNE. TERS, Mr. GRAHAM, and Mrs. TAUSCHER. H.R. 303: Mr. YOUNG of Florida and Mr. f H.R. 946: Mr. HUTCHINSON and Mr. LUCAS of RILEY. Oklahoma. H.R. 339: Mr. ADAM SMITH of Washington MEMORIALS H.R. 956: Mr. GINGRICH. and Mr. SOUDER. H.R. 964: Mr. GOODE, Mr. PETERSON of Min- Under clause 4 of rule XXII, memori- H.R. 347: Mr. COBLE. nesota, Mr. EWING, Mr. CUNNINGHAM, Mr. als were presented and referred as fol- H.R. 371: Mr. LUCAS of Oklahoma and Mr. CLEMENT, and Ms. DANNER. lows: WATT of North Carolina. H.R. 965: Mr. HALL of Texas, Mr. POMEROY, H.R. 383: Mr. CAPPS and Mr. WICKER. 53. By the SPEAKER: Memorial of the UNN H.R. 406: Mr. ROTHMAN. Ms. D of Washington, and Mr. House of Representatives of the Common- H.R. 414: Mr. NETHERCUTT, Mr. DIAZ- CUNNINGHAM. wealth of Pennsylvania, relative to House BALART, Mr. EVERETT, Mr. MASCARA, Mr. H.R. 983: Ms. WOOLSEY. Resolution 63 memorializing Congress to ad- WELLER, and Mr. NEY. H.R. 991: Mrs. TAUSCHER. dress the pragmatic and budgetary shortfalls H.R. 450: Mr. HAYWORTH, Mr. CHRISTENSEN, H.R. 1004: Mr. BLILEY, Mr. WATTS of Okla- that have plagued the Nuclear Waste Pro- Mr. MALONEY of Connecticut, and Mr. NEAL homa, Mr. GREENWOOD, Mr. TALENT, Mr. SEN- gram; to the Committee on Commerce. of Massachusetts. SENBRENNER, Mr. TAYLOR of North Carolina, 54. Also, memorial of the House of Rep- H.R. 475: Mr. MILLER of Florida. Mr. CHABOT, Mr. LATHAM, Mr. HUTCHINSON, resentatives of the Commonwealth of Penn- H.R. 479: Mr. BLUNT, Mr. NETHERCUTT, Mr. Mrs. MYRICK, Mr. HILL, Mr. MCKEON, Mr. sylvania, relative to House Resolution 88 me- MILLER of Florida, Mr. FROST, Mr. DEFAZIO, HANSEN, and Mr. INGLIS of South Carolina. morializing the Clinton administration and Mr. RIGGS, Mr. LAMPSON, Mr. LEWIS of Geor- H.R. 1009: Mr. COOKSEY and Mr. CRAPO. Congress to support legislation authorizing gia, and Mr. WEXLER. H.R. 1015: Mr. YATES and Ms. KILPATRICK. States to restrict the amount of solid waste H.R. 482: Mr. WYNN. H.R. 1016: Mr. LARGENT and Mr. BERRY. they import from other States; to the Com- H.R. 493: Mr. FOGLIETTA and Mr. GRAHAM. H.R. 1035: Mr. MCDADE and Mr. HOLDEN. mittee on Commerce. H.R. 519: Mr. SHAW, Ms. STABENOW, and Mr. H.R. 1037: Mr. MATSUI, Mr. FROST, Mr. 55. Also, memorial of the Legislature of the BEREUTER. KOLBE, and Mr. HEFNER. State of Montana, relative to House Joint H.R. 530: Mr. CASTLE, Mr. BACHUS, Mr. H.R. 1046: Mr. CONYERS. Resolution 7 which supports full membership CRANE, and Mr. HULSHOF. H.R. 1054: Ms. RIVERS, Mr. RIGGS, and Mr. in the United Nations for the Republic of H.R. 546: Mr. SCHUMER. POMBO. China on Taiwan; to the Committee on Inter- H.R. 566: Mr. RUSH, Mr. DELLUMS, and Mr. H.R. 1060: Mr. RADANOVICH, Mr. EDWARDS, national Relations. MCGOVERN. Mr. RAMSTAD, and Mr. DEUTSCH. 56. Also, memorial of the Senate of the H.R. 586: Mr. COSTELLO, Mr. DAVIS of Flor- H.R. 1062: Mr. TAUZIN. State of Georgia, relative to Senate Resolu- ida, Mr. RANGEL, Mr. REYES, Mr. YOUNG of H.R. 1068: Mr. COBURN, Mr. PAUL, Mr. PICK- tion 180 urging the U.S. Congress to adopt Alaska, and Ms. HARMAN. ETT, and Mr. RIGGS. the balanced budget amendment; to the H.R. 587: Mr. LEWIS of Georgia. H.R. 1070: Ms. CHRISTIAN-GREEN, Mr. OBER- Committee on the Judiciary. H.R. 598: Mr. BROWN of California. STAR, Mrs. MALONEY of New York, Mr. SAND- 57. Also, memorial of the General Assem- H.R. 611: Ms. HOOLEY of Oregon, Mr. KIND ERS, Mr. YATES, Mr. RANGEL, Mr. FROST, and bly of the Commonwealth of Virginia, rel- of Wisconsin, Mr. FLAKE, Mr. BOUCHER, Mrs. Mr. GREEN. ative to Senate Joint Resolution 307 memori- JOHNSON of Connecticut, Mr. UPTON, Mr. H.R. 1071: Mr. THOMPSON. alizing Congress to take appropriate steps to KUCINICH, Mr. FOGLIETTA, and Mr. WEXLER. H.R. 1104: Ms. SLAUGHTER, Mr. BROWN of reimburse the States for the costs of services H.R. 617: Mr. TOWNS, Mr. FRANK of Massa- California, Mr. HILLIARD, Mr. MCINTYRE, Mr. provided illegal aliens; to the Committee on chusetts, Mr. MCDERMOTT, Mr. LAMPSON, and PAYNE, Mr. BLAGOJEVICH, Mr. CUMMINGS, Ms. Ways and Means. Mr. RANGEL. KILPATRICK, Mr. FALEOMAVAEGA, Ms. April 24, 1997 CONGRESSIONAL RECORD — HOUSE H1893

DEGETTE, Mr. DEUTSCH, Mr. DELAHUNT, Mrs. LEVIN, Mr. CUMMINGS, Ms. HARMAN, and Mr. H.R. 1338: Mr. PAPPAS. KENNELLY of Connecticut, Mr. ENGEL, Mr. WEYGAND. H.R. 1349: Ms. CHRISTIAN-GREEN and Mr. RAHALL, Mrs. CLAYTON, Ms. RIVERS, Mr. H.R. 1266: Mr. WATTS of Oklahoma. RANGEL. MALONEY of Connecticut, Mr. MOAKLEY, Mr. H.R. 1270: Mr. MCCOLLUM, Mr. WAMP, and H.R. 1355: Ms. ROS-LEHTINEN, Mr. BUNNING SANDERS, Mr. FLAKE, Mr. THOMPSON, Mr. Ms. KILPATRICK. of Kentucky, Mr. KENNEDY of Massachusetts, H.R. 1281: Mr. FORD, Mr. DEFAZIO, Mr. LI- LAMPSON, and Mr. DELLUMS. Mr. SMITH of New Jersey, Mr. FROST, Mrs. H.R. 1117: Mr. LEWIS of Georgia, Mr. BROWN PINSKI, Mr. TALENT, Mr. BALDACCI, Mr. MEEK of Florida, and Mr. NEAL of Massachu- of California, Mr. ABERCROMBIE, and Mr. GOODE, Mr. FRANK of Massachusetts, Mr. setts. POSHARD. UNDERWOOD, Mr. BARRETT of Wisconsin, Mr. H.R. 1362: Mr. NETHERCUTT, Mr. MANTON, H.R. 1120: Ms. PELOSI, Mr. FORD, Mr. EHLERS, Mr. PRICE of North Carolina, Mr. Mr. WHITFIELD, Mr. MILLER of California, MCDERMOTT, and Mr. DELLUMS. RUSH, Mr. OBERSTAR, Mr. RANGEL, Mr. Mrs. KELLY, Mr. HILLIARD, Mr. NEY, Mr. H.R. 1132: Mr. BROWN of Ohio, Mr. MOAK- GUTIERREZ, Mr. MENENDEZ, Mr. CLEMENT, Mr. PASCRELL, Mr. FROST, Ms. DELAURO, and Mr. LEY, Mr. MORAN of Virginia, Mr. KLUG, Mr. PAYNE, Mrs. MINK of Hawaii, Mr. KLUG. MCGOVERN, Mr. ENGEL, Mr. SANDERS, Mrs. MCDERMOTT, Mr. HINCHEY, Mr. OLVER, Mr. H.R. 1375: Mr. LIPINSKI, Mr. MCNULTY, Mr. MALONEY of New York, Mrs. MORELLA, and EDWARDS, Mr. RAHALL, Mr. WAXMAN, Mr. CLEMENT, and Mr. FILNER. Ms. LOFGREN. BAESLER, Mr. KENNEDY of Rhode Island, Mr. H.R. 1147: Mr. DICKEY. POSHARD, Mr. ENGEL, Mr. ORTIZ, Mr. LEWIS H.R. 1379: Mr. SMITH of Michigan and Mr. H.R. 1164: Mr. ENGLISH of Pennsylvania, of Georgia, Ms. DELAURO, Mr. SANDERS, Mr. BOB SCHAFFER. Mr. GILMAN, Mr. WICKER, Mr. DEAL of Geor- BORSKI, Mr. BARCIA of Michigan, Mr. FILNER, H.R. 1383: Mr. BONIOR, Mr. HILLIARD, and gia, Mr. HEFNER, Mr. PAUL, Mr. CLYBURN, Mr. DOOLEY of California, Mr. VISCLOSKY, Mr. LIPINSKI. and Mrs. EMERSON. H.R. 1395: Mrs. MALONEY of New York. H.R. 1172: Mr. GOODE, Ms. GRANGER, Mr. Mr. MCHALE, Mr. LEVIN, Mrs. CLAYTON, Mr. H.R. 1420: Mr. MILLER of California. BARR of Georgia, Mr. THORNBERRY, Mr. BASS, BLAGOJEVICH, and Mr. COYNE. H.R. 1283: Mr. HILL, Mr. HOBSON, Mr. DEAL Mr. METCALF, Mr. COLLINS, Mrs. FOWLER, Mr. H. Con. Res. 35: Mr. MCINTOSH. of Georgia, Mr. WELDON of Pennsylvania, Mr. HASTINGS of Washington, Mr. TIAHRT, Mr. H. Con. Res. 65: Mr. SMITH of New Jersey, BLILEY, Mr. GOODE, Mr. FOLEY, Mr. BURR of SCARBOROUGH, Mr. WAMP, Mr. CUNNINGHAM, Mr. METCALF, and Mrs. KELLY. ESSIONS OOK Mr. KLUG, Mr. BRYANT, Mr. GRAHAM, Mr. North Carolina, Mr. S , Mr. C , Mr. H. Res. 22: Mr. LEWIS of Georgia, Ms. DUNCAN, Mr. LARGENT, Mr. CHRISTENSEN, Mr. RILEY, Mrs. LINDA SMITH of Washington, Mr. SLAUGHTER, Mr. ROTHMAN, and Mr. GUTKNECHT, Mr. DOOLITTLE, Mr. CHAMBLISS, ROYCE, and Mr. NETHERCUTT. FALEOMAVAEGA. H.R. 1284: Mr. MANTON. and Mr. NEUMANN. H. Res. 93: Mr. BARCIA of Michigan, Mr. H.R. 1288: Ms. KILPATRICK, Mr. H.R. 1175: Mr. HERGER, Mr. DELLUMS, Mr. CAPPS, Mr. HINCHEY, Ms. RIVERS, Mr. SAND- MCDERMOTT, Mr. RANGEL, Mr. ACKERMAN, CUNNINGHAM, Mr. BERMAN, Mr. FILNER, Ms. ERS, and Mr. DEUTSCH. LOFGREN, Ms. HARMAN, Mr. BILBRAY, Mr. and Mr. EVANS. H.R. 1291: Mr. FORBES. H. Res. 104: Mrs. KELLY, Mr. OLVER, Mr. GALLEGLY, Mr. CALVERT, Mrs. TAUSCHER, Mr. H.R. 1292: Mr. DELLUMS and Mrs. MALONEY PAYNE, Mr. SERRANO, Mr. KING of New York, CAMPBELL, Mr. DIXON, Mr. RIGGS, Mr. HORN, of New York. Mr. LANTOS, Mrs. LOWEY, Mr. FROST, and Mr. Mr. TORRES, and Mr. PACKARD. H.R. 1297: Mr. BROWN of California. SMITH of New Jersey. H.R. 1176: Mr. OWENS, Mr. NADLER, and Mr. H.R. 1299: Mr. HEFNER, Mr. GORDON, Mr. H. Res. 122: Ms. NORTON, Mr. SANDERS, Mr. DIXON. RANGEL, Mr. MCCRERY, Mr. VENTO, and Mrs. H.R. 1181: Mr. COYNE, Mr. BORSKI, Mr. MICA, Mr. BOUCHER, Mr. MCINTOSH, Mr. NORTHUP. OBERSTAR, Mr. FLAKE, Mr. MCDERMOTT, Mr. HOUGHTON, Mr. HAYWORTH, Mr. SNOWBARGER, MCNULTY, Mr. ENGEL, Ms. SLAUGHTER, Mr. Mr. BUNNING of Kentucky, Mr. PETRI, and SMITH of New Jersey, and Mr. MENENDEZ. Mr. CAMP. f H.R. 1218: Mr. FRANK of Massachusetts. H.R. 1301: Mr. FALEOMAVAEGA. H.R. 1231: Mr. HOUGHTON, Ms. DELAURO, H.R. 1302: Mr. BARCIA of Michigan and Mr. Mr. BALDACCI, and Mr. DEFAZIO. FORD. DELETIONS OF SPONSORS FROM H.R. 1248: Mr. ROGERS. H.R. 1311: Ms. EDDIE BERNICE JOHNSON of PUBLIC BILLS AND RESOLUTIONS H.R. 1258: Mr. LIPINSKI, Mr. TRAFICANT, and Texas, Mr. PALLONE, Mrs. MALONEY of New Mr. SESSIONS. York, and Mr. LIPINSKI. Under clause 4 of rule XXII, sponsors H.R. 1263: Mr. ABERCROMBIE, Mr. MATSUI, H.R. 1327: Mr. SNOWBARGER, Mr. PAPPAS, were deleted from public bills and reso- Mr. LAFALCE, Ms. ROYBAL-ALLARD, Mr. and Mrs. NORTHUP. lutions as follows: 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, THURSDAY, APRIL 24, 1997 No. 50 Senate The Senate met at 10 a.m., and was SCHEDULE rule XXIX, be granted floor privileges called to order by the President pro Mr. LOTT. For the information of all during today’s closed session, and I tempore [Mr. THURMOND]. Senators, today, at 10:30 a.m., the Sen- send the list to the desk. ate will begin a closed executive ses- The PRESIDING OFFICER (Mr. PRAYER sion in the Old Senate Chamber to con- SMITH of New Hampshire). Without ob- The Chaplain, Dr. Lloyd John tinue the debate on the Chemical jection, it is so ordered. Ogilvie, offered the following prayer: Weapons Convention so that Members The list is as follows: Almighty God, who calls us to seek can be briefed on certain classified in- Kathleen Alvarez. peace and not war, but who has blessed formation. This is the first time in sev- Steven Biegun. us in victory in just wars fought for the eral years that we have had such a Marshall Billingslea. righteous cause of freedom and justice, Joel Breitner. briefing. I urge all Senators to attend. Romie Brownlee. we seek Your guidance for the crucial I think they will find it very interest- Charles D’Amato. decisions about the Chemical Weapons ing. They need to know what will come Michael DiSilvestro. Convention. Our hearts and minds are out of this briefing before they make a Jeriel Garland. united with You in abhorrence and final decision. Lorenzo Goco. judgment on the use of chemical weap- The closed session is expected to last Frank Jannuzi. ons. Thank You for the diligence with until approximately 12:30. After the ex- Taylor Lawrence. which the Senate has debated the is- piration of time for the closed session, Edward Levine. sues of ratification of the treaty. The the Senate will then immediately re- David Lyles. Mary Jane McCarthy. research and clear communication on sume consideration of the treaty in Sheila Murphy. both sides of these issues have brought this Chamber. By previous consent, the James Nance. illuminating discussions. Sharp dif- Senate will continue the debate with John Roots. ferences remain about ratification. respect to the treaty until all time is Randall Scheunemann. Now the hour of decision approaches. expired or is yielded back under the Christopher Straub. Father, fuel with Your presence and time agreement. I think there is some- Puneet Talwar. glory this Chamber and then the Old thing like 1 hour 40 minutes or 2 hours Peter Flory. Senate Chamber during the executive of general time remaining, something f session. May the Senators seek Your about that amount. CONFIDENTIALITY OF EXECUTIVE guidance, clarify their convictions, and In addition, by consent, the five mo- SESSIONS then cast their votes with a sense that tions to strike will be in order at any they have done their very best. When time following the closed session. Sep- Mr. LOTT. Mr. President, I would the votes are counted and the result is arate votes on each of the motions are like to call the attention of all Sen- declared, unite the Senators in the un- expected. Therefore, Senators can ex- ators and staff to rule XXIX of the breakable bond of unity rooted in a pect votes throughout the day and into Standing Rules of the Senate which ad- mutual commitment to patriotic lead- the evening in order for the Senate to dresses the confidentiality of executive ership of our Nation. complete action on the treaty today. It sessions. Paragraph 5 of standing rule Dear God, guide this Senate and bless would appear to me that the final vote XXIX reads as follows: America. In the name of our Lord and will come sometime between 8 and 9 Any Senator, officer, or employee of the Saviour. Amen. o’clock probably, perhaps a little ear- Senate who shall disclose the secret or con- lier, but that is the way it looks at this fidential business or proceedings of the Sen- f point. ate shall be liable, if a Senator, to suffer ex- Again, I encourage all Members to pulsion from the body; and if an officer or employee, to dismissal from the service of participate in this important debate RECOGNITION OF THE MAJORITY the Senate, and to punishment for contempt. beginning in a few minutes in the Old LEADER Senate Chamber. I urge my colleagues to keep this in mind when approached by the media The PRESIDENT pro tempore. The f able majority leader, Senator LOTT, of for comments on these proceedings. Mississippi, is recognized. PRIVILEGE OF THE FLOOR [ORDER FOR RECESS] Mr. LOTT. Mr. President, I thank Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. Mr. President, I ask unan- you for the recognition. And I want to imous consent that the following indi- imous consent that the Senate stand in thank the Chaplain, as always, for his viduals, in addition to those officers recess until the hour of 10:30 a.m. fol- very thoughtful and helpful prayers. and employees referred to in standing lowing brief remarks by Senator HAGEL

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

S3567 S3568 CONGRESSIONAL RECORD — SENATE April 24, 1997 and Senator BINGAMAN, at which time But as the Framers of our Constitu- We also prohibited chemical samples the Senate will then reconvene in the tion intended, the Senate has worked taken at American laboratories from Old Senate Chamber for a closed execu- its will and has substantially strength- being transferred off American soil—an tive session. ened the final agreement. Because of important provision that helps protect The PRESIDING OFFICER. Without the strong leadership and negotiation, proprietary and security information. objection, it is so ordered. in my judgment, the balance has tipped And, we took steps to ensure that the Mr. LOTT. Does the Senator seek strongly in favor of ratification of this new international organization set up recognition? convention. to monitor and enforce the convention Mr. BIDEN. Only to recognize Mr. The people of this country should will not become an ill-managed bu- HAGEL. recognize the important roles that Ma- reaucracy that burdens the American Mr. LOTT. I yield the floor, Mr. jority Leader LOTT, Chairman HELMS, taxpayer. We put a cap on the Amer- President. and Senators BIDEN, LUGAR, and KYL ican contribution to that organization, f played in this debate. They allowed the and we required the organization to es- Senate the opportunity to listen, to tablish and maintain an independent EXECUTIVE SESSION learn, and to understand this treaty, to inspector general. debate this treaty, and they have I should like to close with this. As I CHEMICAL WEAPONS CONVENTION brought a more informed Senate to- have referenced, there are a number of gether to vote on this treaty as we will improvements that have been made to Mr. BIDEN addressed the Chair. throughout the day. this treaty. We have five more pro- The PRESIDING OFFICER. The Sen- That is what this body, the Senate, posed conditions that remain in dis- ator from Delaware. should be about, debating important is- agreement that we will vote on yet Mr. BIDEN. I ask, how much time do sues that have consequences for all today. I will vote to strike at least four I have remaining? Americans. This convention will have of those conditions because they would The PRESIDING OFFICER. First we consequences for all peoples around the effectively prevent American participa- will have the clerk report the pending globe. tion in the convention and would un- business. Under the leadership of Majority dermine the very purpose of this trea- The assistant legislative clerk read Leader LOTT, Senator BIDEN, the ad- ty. as follows: ministration, and others, the Senate This treaty, however, is no magic in- Treaty Document No. 103–21, the conven- made 28 substantial changes to the strument that will guarantee Ameri- tion on the prohibition of the development, original treaty to address major prob- cans and our troops safety from chemi- production, stockpiling and use of chemical lems in the treaty, several of which cal attack. No treaty can substitute for weapons and on their destruction. were key to improving it, in my opin- unwavering American strength, deter- The Senate resumed consideration of ion. The majority leader held a news mination, vigilance, and leadership. the convention. conference 45 minutes ago and read a But this treaty is one more tool we can The PRESIDING OFFICER. The Sen- letter from the President—as far as I use to make chemical attacks less like- ator from Delaware has 1 hour 30 min- know, unprecedented in arms control ly. It does improve our eyes. utes remaining. conventions—laying out some of the With or without this treaty, the Mr. BIDEN. Mr. President, I yield 7 concerns that this President has and United States years ago decided never minutes to my distinguished colleague this body has about issues in this con- again to use chemical weapons and is from Nebraska, and if he needs more vention. I think that, too, further committed by law to completely de- time, let me know. We are kind of tight strengthens this treaty. stroy our stockpile of chemical weapon time. Then, in accordance with the We fully protected the constitutional ons by early in the next century. That unanimous-consent request by the ma- rights of our businesses against unlaw- decision was made during the Reagan jority leader, I will yield 7 minutes of ful searches and seizures by ensuring administration and was reaffirmed by my time to the distinguished Senator that international inspection teams the Bush administration. from New Mexico, [Mr. BINGAMAN]. must obtain a search warrant before The important question now is, what The PRESIDING OFFICER. The Sen- entering any American facility. This can we do to give ourselves more lever- ator from Nebraska is recognized for 7 means no challenge inspection will age to press other countries to do the minutes. occur unless a U.S. Federal judge finds same? It is a very important question. Mr. HAGEL. Mr. President, I thank probable cause to believe a violation of Ratifying this treaty is not the end of you. law has occurred at that facility. The our efforts to make chemical attacks Mr. President, it was 30 years ago rights guaranteed under our Constitu- on Americans less likely. To the con- this week that I joined the U.S. Army. tion will continue to reign supreme. trary, it is only the beginning. As It was 29 years ago this week, with my We ensured that the American mili- President Reagan’s top arms control brother Tom, that I was first wounded tary will be able to use nondeadly riot negotiator, Ronald Lehman, said last in Vietnam. This is an important week control agents, such as tear gas. As week before our Foreign Relations of reflection for me as we take up the military operations become increas- Committee: final hours of debate on the Chemical ingly complex and involve more areas Ratification is essential to American lead- Weapons Convention. with civilian populations, it is impera- ership against proliferation of weapons of I rise this morning to say that I will tive that our military commanders mass destruction, but ratification alone is vote for the Chemical Weapons Conven- have the maximum flexibility to em- not enough. Strong follow-up involving all tion. America’s national security inter- ploy a range of force, including non- branches of Government will be vital. ests are better served with this treaty deadly force. We must now use the tools of this than without it. Our men and women in We made clear that our existing na- treaty effectively. The treaty tools uniform are better served with this tional and international export con- give us, I believe, the most effective treaty than without it. trols will remain in place. The United way to deal with the proliferation of There are few Senators who have put States simply will not transfer chemi- chemical weapons. We must keep as much time in on this issue than I cal technology in any manner that America strong. We must keep Amer- have, studying this treaty over the would weaken our existing controls or ica vigilant. The Senate has an impor- past few weeks. As a freshman Senator, military defense capabilities, or would tant and ongoing role to play in mak- I began with very limited knowledge tend to allow dangerous chemical tech- ing sure this treaty is implemented about this convention. I had to under- nology to fall into the hands of pariah properly, and I am committed as a Sen- stand it totally before I could make an regimes. ator to making that happen. intelligent vote on the treaty. We put in place safeguards to ensure For me, this has never been a politi- This treaty is much improved from that American intelligence data is pro- cal issue, Mr. President. This vote is the form in which it was first submit- tected whenever it is shared with the not about Republicans. It is not about ted to the Senate. I would have voted international organization that will Democrats. It is not about conserv- against this treaty in its original form. oversee operations of the convention. atives, not about liberals. It is not April 24, 1997 CONGRESSIONAL RECORD — SENATE S3569 about Bill Clinton. It is not about league, Senator SMITH. But as I said, I own chemical weapons anyway, wheth- TRENT LOTT. This vote is about Ameri- am happy he came out the way he did. er this treaty goes into effect or not. ca’s national security interests. It is Regardless of how the Senator came And, second, we maintain the ability to about our young men and women in out, I would have been comfortable. retaliate against any chemical weap- uniform all over the world who may I yield the floor. ons attack with all the strength that someday face an adversary with chemi- Mr. HAGEL. I thank the Senator. we have today. cal weapons. It is about each Senator The PRESIDING OFFICER. Under So what does the treaty buy us? doing what he or she thinks is in the the previous order, the Senator from It buys us an international agree- best interests of our country. New Mexico is recognized for 7 min- ment with other nations that will, For those reasons, Mr. President, I utes. hopefully, bring them also to give up urge our colleagues to vote for ratifica- Mr. BINGAMAN. Mr. President, their chemical weapons stockpiles. And tion of the Chemical Weapons Conven- thank you. it puts in place mechanisms to ensure I thank the manager of the bill, the tion. that they do that. I yield my time. Senator from Delaware, for yielding It buys us a guarantee that other na- Mr. BIDEN addressed the Chair. me time. tions which might have chosen to build I also commend my colleague from The PRESIDING OFFICER. The Sen- chemical weapons will find it much Nebraska. I sat through a meeting with ator from Delaware. more difficult to do so. him and the Senator from Delaware at Mr. BIDEN. Before the Senator yields It buys us a likelihood that if anyone the White House where he asked some back all his time, if he will yield to me decides to cheat on the treaty, we will very penetrating questions. The Presi- for a comment. have the ability to detect that. It en- dent and the Vice President were there. Mr. HAGEL. Yes. hances our intelligence-gathering capa- The Secretary of State was there. Our Mr. BIDEN. Mr. President, I am obvi- bility substantially. As the Director of Ambassador to the United Nations and ously very pleased with the decision the CIA testified—he said this treaty a great many individuals who studied the Senator from Nebraska made, but I gives us tools that we do not now have want to state on the record that I this treaty were there. And I am very pleased to see the decision that our col- to look into places where we cannot would have been comfortable with now look. whatever decision he made, and I say league from Nebraska has made. Mr. President, a point that was made There have been some concerns that for the following reasons. I have by the Senator from Nebraska I think raised. I will not go into those. I think been here for 24 years. It has been a needs to be foremost in our minds, and they have been addressed extensively long time since I have been a freshman that is that this is different from all in the various conditions that have al- Senator, but I remember how over- other treaties that have come before ready been added to the treaty. whelming it was and the pressures that the Senate since I have been here, in Let me just say a few words about are exerted, legitimate pressures, when that this does not ask us to give up any the amendments that are being pro- major issues confront someone. I have military capability that we have not posed. watched the Senator from Nebraska already decided to give up. The first amendment calls for us to from the day he got here, because we Most treaties involve an agreement withhold ratification until the Russian serve on the same committee, attack by us to give up military capability in Duma agrees to the ratification and with a seriousness of purpose I have return for other nations giving up mili- agrees to comply with an earlier state- seldom seen one of the most com- tary capability. But we have decided ment about the destruction of chemical plicated issues that is going to come unilaterally during the Reagan admin- weapons. before this body this year. It was not istration and have maintained the pol- Mr. President, what this does is es- merely determining what groups, what icy ever since then that we are going to sentially make our foreign policy and party, what factions of parties were for renounce the use of chemical weapons, our national policy hostage to what and against the treaty. He wanted to destroy our stockpile of chemical the hard-liners in the Russian Duma know what article X meant in the lan- weapons. What this treaty does is try decide to do. It gives the Russians an guage. He wanted to know whether ar- to find ways to bring other nations to excuse for not ratifying the treaty if ticle I trumped article X. He wanted to that same decision. we do not. I think it would be contrary know the details of it, and he addressed President Reagan did commit to that to our best interests. it. in the 1980’s. President Bush reiterated A second amendment that will be of- He indicated that this is the eve of an that position. President Clinton has fered, which I will oppose—or second anniversary. It seems appropriate and certainly done so as well. That is a effort to strike that I will support, totally consistent, I am going to say central part of this discussion that deals with an amendment that would for the record—I hope I do not embar- needs to be kept in mind. destroy the potential benefits of the rass him—what I said to him privately. A second part of the discussion that Chemical Weapons Convention. It I have also observed another feature needs to be kept in mind is that by would require us to withhold ratifica- about him. This is a man whose con- going ahead and ratifying this treaty, tion until various other countries, such duct on the battlefield is mirrored by we give up no other tools that we have as China, North Korea, Libya, and oth- his conduct in politics, in that when he to prevent chemical attack or to re- ers, have ratified the treaty. thinks he is right he is not afraid to do taliate against someone who might Again, this provision would essen- whatever it is he thinks he should do. begin a chemical attack. tially shift to others the ability to de- And that comes through. That is what This is not: Do you want to have the fine what is in our own best national I mean when I say I would have been ability to retaliate, or, on the con- interest. That cannot be a good thing comfortable and assured that he had trary, do you want the treaty? We are for the United States. given it every consideration had he going to retain in the future all capa- A third amendment deals with re- concluded to vote the other way. I bilities to retaliate which we presently quiring us to reject inspectors from want to publicly compliment him, not have. We stated very definitively in countries that have supported terror- for the decision he made, but the way one of the conditions that is attached ism. he made the decision. I hope that does to this treaty that we will use a mas- Mr. President, we have the ability not cost him politically, for someone sive force to respond to any chemical under the treaty to reject any inspec- on this side of the aisle to compliment attack. We do not consider a chemical tors we do not want to permit to come my colleague. weapons attack by a potential adver- into this country and inspect. But it There is another freshman Senator I sary or adversary to be comparable to does not serve our interest to require, serve with, Senator GORDON SMITH, a conventional attack; therefore, peo- put into law a requirement, that cer- who may not come to the same conclu- ple need to know that we are not giv- tain inspectors be rejected at this early sion, but he has addressed it with the ing up any of our abilities or resolve in stage because, clearly, that will give same kind of alacrity and commit- that regard. them the same ability to reject our in- ment. So I just say it is a pleasure to I think these two factors are persua- spectors. That is not in our best inter- serve with the Senator and our col- sive. We have chosen to destroy our est. S3570 CONGRESSIONAL RECORD — SENATE April 24, 1997 We will have the ability to decide known—has been seen as a singular ers, or proto-nuclear powers, has grown any information that we will exchange evil giving rise to a singular cause for somewhat. But only somewhat: around with other countries. That has been a international sanctions. 10 in a world with some 185 members of confusion about this treaty, Mr. Presi- In May 1899, Czar Nicholas II of Rus- the United Nations. And never since dent, that needs to be cleared up. sia convened a peace conference at The 1945 has a single atomic weapon been When all the debate is concluded at Hague in Holland. Twenty-six coun- used in warfare. the end of the day today, I believe it tries attended and agreed upon three The Chemical Weapons Convention serves our national interest to go conventions and three declarations incorporates the advances in inter- ahead and ratify the treaty. I believe it concerning the laws of war. Declara- national law and cooperation of which will contribute to a more peaceful tion II, On Asphyxiating or Deleterious I have spoken; it extends them. Its in- world. Like all treaties, it lacks perfec- Gases stated: spections can be more effective than tion. But the acid test is: Will this gen- The Contracting Parties agree to abstain the IAEA because of the ability to con- eration of Americans and future gen- from the use of projectiles the sole object of duct challenge inspections when viola- erations of Americans be less likely to which is the diffusion of asphyxiating or del- tions of the CWC are suspected. confront chemical weapons on the bat- eterious gases. If the Senate should fail—and it will tlefield or in a civilian context if this Article 23 of the Annex to the Con- not fail—to adopt the resolution of treaty is ratified? In my view, it is vention added: ratification, it would be the first rejec- clear that they will be less likely to In addition to the prohibitions provided by tion of such a treaty since the Senate confront chemical weapons if we go special Conventions, it is especially forbid- in 1919 rejected the Treaty of Ver- ahead today. I hope very much my col- den: sailles, with its provision for the estab- leagues will join in supporting the (a) To employ poison or poisoned weapons lishment of the League of Nations. It treaty. *** would be only the 18th treaty rejected Mr. President, I yield the floor and Our own Theodore Roosevelt called by the Senate in the history of the Re- suggest the absence of a quorum. for a second peace conference which public. The PRESIDING OFFICER. The time convened in 1907. This time, 45 coun- Every living Chairman of the Joint of the Senator has expired. tries were in attendance at The Hague, Chiefs of Staff over the past 20 years Will the Senator withhold the and reiterated the Declaration on As- has called for ratification of the Chem- quorum request? phyxiating Gases and the article 23 ical Weapons Convention. Mr. BINGAMAN. I withhold. prohibition on poisoned weapons. Our beloved former colleague, Sen- f The Hague Conventions notwith- ator Bob Dole, has given his support standing, poison gas was used in World and asked us to do what I think we can RECESS UNTIL 10:30 A.M. FOR A War I. Of all the events of the First only describe as our duty. The Presi- CLOSED SESSION IN THE OLD World War, a war from which this cen- dent pleads. SENATE CHAMBER tury has not yet fully recovered, none Here I would note a distinction. In The PRESIDING OFFICER. Under so horrified mankind as gas warfare. 1919, Woodrow Wilson could have had the previous order, the Senate will re- No resolve ever was as firm as that of the Versailles Treaty, we could have cess and reconvene at the hour of 10:30 the nations of the world, after that joined the League of Nations, if only he a.m., in the Old Senate Chamber. war, to prevent gas warfare from ever had been willing to make a modicum of Thereupon, the Senate, at 10:22 a.m., happening again. concessions to then-chairman of the recessed under the previous order and Declaring something to be violation Foreign Relations Committee and ma- reconvened in closed session at 10:32 of international law does not solve a jority leader, Henry Cabot Lodge of a.m., in the Old Senate Chamber; problem, but it does provide those of us Massachusetts. Wilson was too stub- whereupon, at 12:50 p.m., the Senate re- who adhere to laws mechanisms by born; in truth, and it pains an old Wil- cessed the closed session, and the Sen- which to address violations of them. In sonian to say so, too blind. Nothing ate reassembled in open session, under June 1925, the Protocol for the Prohibi- such can be said of President Clinton. the previous order, at 1 p.m., when tion of the Use in War of Asphyxiating, In a month of negotiations with the called to order by the Presiding Officer Poisonous or Other Gases, and of Bac- current chairman of the Foreign Rela- (Mr. ENZI). teriological Methods of Warfare was tions Committee and the current Re- f signed in Geneva. This reaffirmed the publican leader, the administration has CHEMICAL WEAPONS CONVENTION Hague prohibition and added biological reached agreement on 28 of 33 condi- weapons to the declaration. tions. Only five proved unacceptable. The Senate continued with the con- In the Second World War that fol- And, indeed, sir, they are. The Presi- sideration of the convention. lowed, such was the power of that com- dent could not in turn ratify a treaty The PRESIDING OFFICER. The mitment that gas was not used in Eu- with those conditions. pending business before the Senate is rope. It was expected, but it did not Again to draw a parallel with 1919. ratification of the Chemical Weapons happen. During consideration of the Treaty of Convention. Then came the atom bomb and a new, Versailles, the Senate was divided into The Senator from North Carolina has even more important development in three primary camps: those who sup- 1 hour and 20 minutes. The Senator warfare. In time it, too, would be the ported the treaty; those who opposed from Delaware has 46 minutes. Mr. HELMS. Mr. President, I yield 7 subject of international conventions. the treaty, no matter what shape or minutes to my friend from New York. As part of the peace settlement that form it might take—known as The PRESIDING OFFICER. The Sen- followed World War II, President Roo- ‘‘irreconcilables’’ or ‘‘bitter enders’’— ator from New York. sevelt, with the British, Chinese, and and those who wanted some changes to Mr. MOYNIHAN. I thank the Chair. French, set up the United Nations. In the treaty, most importantly led by May I ask my good friend if he didn’t 1957, within the U.N. system, the Inter- Senator Lodge. wish that the time be charged to the national Atomic Energy Agency was There are some modern day Senator from Delaware? established. The new agency fielded an irreconcilables who oppose this Treaty The PRESIDING OFFICER. The time extraordinary new device, inter- for the same reason they eschew inter- will be charged to the Senator from national inspectors, who began inspect- national law: viewing it as an assertion Delaware. ing weapons facilities around the world of what nice people do. Such a view re- Mr. MOYNIHAN. I thank the Chair. I to ensure compliance. This was en- duces a magisterial concept that there thank my dear friend, the chairman. hanced by the Nuclear Non-Prolifera- will be enforced standards to a form of Mr. President, I rise in support of the tion Treaty (NPT), which came into wishful thinking. A position which resolution of ratification. I will take force in 1970, allowing inspectors to runs counter to a century of effort. just a moment of the Senate’s time to monitor declared nuclear sites. This Today I would appeal to those Repub- put this matter in a historical context. was an unheard of compromise of tradi- licans who might compare themselves Since its development by 19th cen- tional sovereignty. It has not worked with Senator Lodge. Unlike 1919, this tury chemists, poison gas—as it was perfectly. The number of nuclear pow- President has heard your concerns and April 24, 1997 CONGRESSIONAL RECORD — SENATE S3571 worked carefully to address them in is still unknown about chemical weap- only superpower and leader in the fight the form the resolution of ratification ons use in the gulf and there is great for world peace, we must be out front containing 28 conditions which is now concern throughout the Minnesota vet- on this convention. before the Senate. erans community. I’ve seen the tragic This treaty itself has a very interest- To fail to ratify the CWC would put effects of this when I’ve met with gulf ing and solid bipartisan history as well us on the side of the rogue states and war veterans who went to the gulf in as strong popular support, and I am relieve them of any pressure to ratify perfect health but became seriously ill mystified as to why some of my col- the convention themselves. As Mat- after they returned. While many are leagues want to reject a treaty for thew Nimitz has argued, the United uncertain about the causes of their ill- which we are largely responsible. The States has a unique interest in inter- nesses, they suspect that exposure to CWC was conceived during the Reagan national law because it cannot ‘‘match toxic chemical agents was a factor. administration, crafted and signed dur- the Russians in deviousness or the Mr. President, I want to tell my col- ing the Bush administration and fur- Libyans in irresponsibility or the Ira- leagues about a story I recently heard ther negotiated during the Clinton ad- nians in brutality ** *. [It is the Unit- concerning veterans who were part of ministration. Former President Bush ed States] which stands to lose the the 477th Ambulance Company who has continued to proclaim strong sup- most in a state of world anarchy.’’ may have been exposed to toxic chemi- port for ratification. Its bipartisan The Chemical Weapons Convention cals. After the war, a couple of com- creditials are thus impeccable. Legisla- builds on the laws of The Hague: a cen- pany members went exploring the area tors and national security experts from tury of arms control agreements. It nearby and noticed a spill on the floor both parties firmly support it. Former bans chemical weapons—hideous and of a warehouse. There’s no way of Secretary of State James Baker argues barbaric devices—completely. Inter- knowing now exactly what the sub- that it is outrageous to suggest that ei- national law can never offer perfect stance was, but they are concerned ther Presidents Bush or Reagan would protection, but we are primary bene- about possible exposure to a nerve negotiate a treaty that would harm na- ficiaries of the protection that it does agent. They were alarmed because even tional security. President Clinton sees provide. I urge my colleagues to sup- this kind of low-level exposure can be a the accord as building on the treaty port this important treaty. serious threat to our soldiers’ safety than bans nuclear tests in the atmos- I thank the Chair. I yield the floor. and health. The plea from the Minneso- phere that President Kennedy signed Might I ask? Does time run consecu- tan who told this story is, ‘‘Please! Get more than three decades ago. The Sen- tively and is it divided equally? everyone to stop using this junk!’’ ate now needs to complete the weap- The PRESIDING OFFICER. Yes. It Well, that is exactly what we are try- ons-control work to which Presidents will be divided equally. ing to do, and ratifying the CWC is a Kennedy, Reagan and Bush and Clinton Mr. MOYNIHAN. I thank the Chair. vital step in that direction. If we don’t were and have been committed. Mr. HELMS. Mr. President, I suggest sign up, America’s soldiers—and in- By at least restricting the manufac- the absence of a quorum. deed, all Americans—will be the worse ture, sale, and possession of toxic The PRESIDING OFFICER. The for it. chemicals capable of being used as clerk will call the roll. Another Minnesotan who was a nu- weapons, the United States makes it The assistant legislative clerk pro- clear-biological-chemical warfare spe- more difficult for rogue nations or ter- ceeded to call the roll. cialist during the war talked about the rorist organizations to obtain the raw Mr. BIDEN. Mr. President, I ask panic and incorrect use of protective material for weapons. Ultimately, we unanimous consent that the order for equipment that occurred when there then better protect our soldiers and ci- the quorum call be rescinded. were scud alerts accompanied by CBW vilians. We should help lead the world The PRESIDING OFFICER. Without alerts. There were soldiers who just away from these graveyard gases, and objection, it is so ordered. couldn’t handle the threat of possible not pretend they are essential to a Mr. BIDEN. Mr. President, I yield 3 chemical attacks. And why should we solid defense. Do we plan to use chemi- minutes to my friend from Minnesota. be surprised? The use of chemical cal weapons? No. Then do we lack the The PRESIDING OFFICER. The Sen- weapons is inhuman and even the per- courage to lead? I certainly hope not. ator from Minnesota. ceived threat has to be psychologically Mr. President, according to Sec- Mr. WELLSTONE. I thank the Chair. damaging. These stories just strength- retary of State Madeleine Albright, the Mr. President, I ask unanimous con- en my resolve to do all I can to push United States is the only nation with sent that a congressional fellow from for ratification of this treaty. the power, influence, and respect to my office, Ashley Tessmer, be allowed Mr. President, we face a decision be- forge a strong global consensus against in the Chamber during the Chemical tween taking a lead role in this effort the spread of weapons of mass destruc- Weapons Convention debate. or standing on the sidelines—this deci- tion. The PRESIDING OFFICER. Without sion should not be difficult for the There is also support for this treaty objection, it is so ordered. United States which historically has from the armed services. I have the Mr. WELLSTONE. Mr. President, the taken the lead in arms control, seeking unique perspective of serving on both Chemical Weapons Convention goes agreements that are in the national in- the Foreign Relations Committee and into force April 29 with or without U.S. terest, verifiable, and contribute to the Committee on Veterans’ Affairs. I participation. This, after more than 100 world peace. I repeat in the national know that many veterans organiza- years of international efforts to ban interest, verifiable, and contribute to tions support this treaty—VFW, VVA, chemical weapons, including the Hague world peace. And there is no question Reserve Officers Association of U.S., Convention of 1889 and the Geneva Pro- in my mind that the CWC fully meets American Ex-prisoners of War, tocol of 1925 which placed restrictions these standards. AMVETS, Jewish War Vets to name a on the use of chemical weapons. The To me, it is a great mystery why this few. What better testimony to its history of chemical weapons use is a treaty is not already ratified. After all, value? The treaty will reduce world long one—from 1915 with the German Congress directed in 1985 that all U.S. stockpiles of weapons and will hope- use of chlorine gas in Belgium during chemical munitions be destroyed by fully prevent our troops from being ex- World War I, to the Iraqi use of poison 1999—since amended to 2004. Subse- posed to poison gases. And, for my col- gas to kill an estimated 4,000 people in quently in 1993, the United States be- leagues who are still not convinced on the Kurdish village of Halabja in 1988, came one of the original signatories of the merits of the treaty—over three and the very recent threat of chemical the CWC, now awaiting ratification by quarters of the American public—as weapons use in the Persian Gulf war. this body. It would seem that there’s much as 84 percent in a recent poll, fa- These chemical weapons are dan- nothing so dramatic as waiting until vors this treaty. gerous—not only because of inten- the last minute to make an obvious But why then are there opponents to tional, but also accidental use. In Min- and sensible decision. This inter- this treaty? I cannot answer that. I can nesota, I’ve listened to many gulf war national treaty takes a major step for- only say that it is always easier to tear veterans who’ve told me about their ward in the elimination of the scourge something down than it is to build it. experiences during the conflict. Much of chemical weapons. As the world’s Ask ethnic minorities in Iraq—who S3572 CONGRESSIONAL RECORD — SENATE April 24, 1997 were the victims of Saddam’s chemical Senate with more than 1,500 pages of leagues join me in striking this amend- attacks—why there are opponents. Ask information on the CWC, including ment, we’ll be permitting Russian Generals Schwartzkopf and Powell why over 300 pages of testimony and over hardliners to decide our foreign policy, there are opponents. According to Gen- 400 pages of answers to questions for while dimming prospects that Russia— eral Powell, this treaty serves our na- the record. It is important to recall which has the world’s largest stockpile tional interest—to quote his comments that in April 1996 the Senate Commit- of chemical weapons—will ratify the at last week’s Veterans’ Affairs Com- tee on Foreign Relations voted the CWC. How can this be in our national mittee hearing: ‘‘For us to reject that treaty out of committee by a strong bi- interest? treaty now because there are rogue na- partisan majority, 13 to 5. Why then, CWC condition No. 30 on rogue states tions outside the treaty is the equiva- only 1 year later, are we confronting bars the United States from ratifying lent of saying we shouldn’t have joined four conditions, any of which will pre- the CWC until all states determined to NATO because Russia wasn’t a part of vent us from ratifying the treaty by possess offensive chemical weapons NATO.’’ If we don’t sign this treaty, April 29 when it will automatically go programs, including China, North their will still be rogue nations. Ask into effect, and a fifth condition that is Korea, Libya, Syria, Iran, and Iraq, and the State Department, the intelligence unacceptable and would undermine the other states deemed to be state spon- community, the chemical manufactur- treaty? sors of terrorism, have ratified. This is ers who stand to lose as much as $600 Mr. President, I hope that all of my a killer condition likely to prevent the million in sales, why there are oppo- colleagues realize that the United United States from ever joining the nents to this treaty. And ask our own States will incur serious costs if we CWC. If this condition is not struck we gulf war veterans who lived with the don’t submit instruments of ratifica- would be using the lowest common de- fear of chemical attack and may now tion by April 29. Unless we join the nominator as a principle for determin- be suffering the effects of exposure to convention now, the United States will ing our foreign policy. The United chemicals why there are opponents. be barred from having a seat on the ex- States would be placed in the bizarre They and I will never understand it. ecutive council, the key decisionmak- and embarrassing position of allowing Mr. President, ratification of the ing body of the convention, for at least the world’s most recalcitrant regimes Chemical Weapons Convention is cru- a year and, perhaps, longer. We would to determine when we join the CWC, if cial to all nonproliferation efforts. If thus be precluded from influencing ever. As former Secretary of State America’s message to the world is that vital decisions to be made by the exec- James Baker has said: ‘‘It makes no the United States is not deeply con- utive council regarding the detailed sense to argue that because a few pa- cerned about the production of weap- procedures that will be followed under riah states refuse to join the conven- ons of mass destruction, then it will the convention. Moreover, sanctions tion the United States should line up encourage rogue states to either con- against U.S. companies—the require- with them rather than the rest of the tinue clandestine projects or to begin ment that they obtain end-user certifi- world.’’ Makes no sense at all, which is producing these weapons that could cates to export certain chemicals—will precisely why I strongly support strik- imperil U.S. troops in future conflicts. commence on April 29 if we are not a ing this condition. CWC condition No. 31 on barring CWC Lack of U.S. resolve on the CWC and convention party. If we still haven’t inspectors from a number of countries the unraveling effect it would have on joined in 3 years, U.S. firms would be such as Cuba, Iran, Iraq, and North other arms control treaties, would subject to a ban on trade in certain Korea, from ever entering the United make it easier for rogue states in two chemicals. In addition, U.S. citizens States as part of CWC inspection ways: they could more easily acquire won’t be hired as officials or inspectors teams. This is an unnecessary condi- chemical weapons materials and more by the body that will implement the tion that has the potential to seriously effectively hide their production pro- convention until the United States be- hamstring CWC implementation. To grams. How can we best protect the fu- comes a party to the CWC. And, even begin with, the United States already ture of our children, our soldiers, our more important than these costs to the has the right under the CWC to bar in- trade, our country’s position in the United States, is the fact that failure spectors on an individual basis each world? By ratifying this treaty. to ratify the treaty, which was pro- year when the CWC proposes its list of I’m deeply puzzled as to why, when at duced because of U.S. leadership, will inspectors. If this condition is not long last the Senate is on the verge of have a negative impact on American struck, it is likely to provoke reciproc- giving its advice and consent to CWC leadership around the world. ity, resulting in other nations black- ratification, we are being asked to con- While I will never understand why we balling all American inspectors. This sider treaty-killer conditions. Again, I have come to such a pass, it is crystal would have the perverse effect of un- remind my colleague, this treaty has clear to me why we have to move to dermining one of our main objectives been more than 15 years in the making strike all five of these conditions. Mr. in joining the treaty: to ensure Amer- with two Republican Presidents and President, permit me to briefly sum- ican inspectors take the lead in finding one Democratic President involved in marize each of the five conditions and violations. In addition, condition No. 31 negotiating and crafting the final prod- to spell out the key reasons why I’m would bar inspectors from a country uct. It is the result of years of biparti- unalterably opposed to them: like China even if United States na- san efforts. The CWC has been strongly CWC condition No. 29 on Russia pre- tional security might be better served endorsed by former Secretary of State cludes the United States from joining by letting them confirm directly that James Baker and former National Se- the convention until Russia ratifies the United States is not violating the curity Adviser Brent Scowcroft—both and satisfies other specified conditions. CWC, but fails to require rejection of of whom served Republican Presidents. This is a killer condition that would inspectors from other countries who It also enjoys the support of our top hold hostage our ability to join the might be known spies or have a record commanders during the Persian Gulf CWC to hardliners in the Russian of improper handling of confidential war, including General Schwarzkopf, Duma. As the President put it, ‘‘this is data. Because of these serious flaws, I who clearly recognize that it is in our precisely backwards [since] the best urge my colleagues to join me in vot- national interest to ratify the treaty. way to secure Russian ratification is to ing to strike this condition. While I do not question the motives ratify the treaty ourselves.’’ I couldn’t CWC condition No. 32 which prohibits and integrity of my colleagues who agree more with the President, whose the United States from joining the support these four killer conditions, it position parallels that of Vil CWC until the President certifies that is clear that they are not a result of in- Myrzyanov, a Russian scientist who the parties to the convention have sufficient Senate scrutiny and debate. blew the whistle on the Soviet Union’s agreed to strike article X and amend In fact, the CWC has been before the CW program and strongly backs the article XI. This provision is an out- Senate since November 1993, when it treaty. In a recent letter to my distin- right killer that will prevent the Unit- was submitted by President Clinton. guished colleague, Senator LUGAR, he ed States from joining the Convention. During the past 31⁄2 years, the Senate said ‘‘Senate ratification of the con- Clearly the President can’t make such has held 17 hearings on the treaty and vention is crucial to securing action on a certification prior to April, and like- the administration has provided the the treaty in Moscow.’’ Unless, my col- ly won’t ever be able to do so since the April 24, 1997 CONGRESSIONAL RECORD — SENATE S3573 Convention permits a single State licit production or storage of one met- whom are ill, many of whom are strug- party to veto such amendments. Pro- ric ton of chemical agent. Since this is gling with illness, who were fine before ponents of condition No. 32 wrongly an unachievable standard for monitor- they served in the war and are not now contend that the Convention requires ing the treaty, this is a killer condition and want to know what has happened the United States and other parties to that would permanently bar U.S. par- to them, there are two different issues. share sensitive technology that will as- ticipation in the CWC. I have the honor of being on both the sist such countries as Iran to develop Mr. President, no one can deny that Veterans’ Committee and the Senate offensive CW capabilities. some aspects of the CWC will be dif- Foreign Relations Committee. One, on In fact, Mr. President, neither article ficult to verify, nor can anyone affirm the Veterans’ Committee, is to get to X nor article XI have such require- that any arms control agreement is 100 the bottom of this and make sure vet- ments. Article X, which focuses mainly percent verifiable. And, as Gen. Edward erans get the care they deserve. But on assisting or protecting convention Rowny, who was special adviser to the other is when we have such an im- member countries attacked, or facing Presidents Reagan and Bush, pointed portant treaty, such a historically im- attack, by chemical weapons, provides out in the Washington Post any chemi- portant agreement which is in the na- complete flexibility for states to deter- cal weapons treaty is inherently more tional interest, which is verifiable and mine what type of assistance to pro- difficult to verify than a strategic arms which contributes to world peace and vide and how to provide it. One option treaty, under which missiles and bomb- helps us get rid of this junk and is so would be to provide solely medical ers can be observed by national tech- important not only to our soldiers-to- antidotes and treatments to the nical means. For one thing, chemical be but also to children and grand- threatened state. This is precisely the weapons can literally be produced in children, Mr. President, I do not think option the President has chosen under thousands of large and small labora- there is any more important vote that agreed condition No. 15 which specifies tories around the world. But the bot- we can make than one of majority sup- that the United States will give only tom line is one made succinctly and port for the Chemical Weapons Conven- medical help to such countries as Iran clearly by General Rowny: ‘‘If we are tion. or Cuba under article X. Moreover, be- within the CWC, well-trained and expe- In my State of Minnesota, I know yond medical assistance, the President rienced American inspectors, employ- that people are overwhelmingly for has made clear the United States will ing an agreed set of procedures, inten- this agreement. People are under no il- be careful in deciding what assistance sive procedures, will have an oppor- lusion. They do not think it is perfect, to provide on a case-by-case basis. In tunity to catch violaters. Outside the but they think it is an enormous step sum, there is no valid justification for CWC, no such opportunity will exist.’’ I forward for all of humankind, an enor- scrapping article X. couldn’t agree more. As in many other mous step forward for people in our Opponents of the CWC contend that matters, the perfect is not only unat- country, an enormous step forward for article XI, which addresses the ex- tainable but is also the enemy of the people in other countries as well. Since change of scientific and technical in- good. I hope than many of my col- the United States of America has formation, requires the sharing of tech- leagues will see this issue in the same taken a leadership position in the nology and will result in the erosion of light and will join me in voting to international community, in the inter- export controls now imposed by the strike condition No. 33. national arena, it would be, I think, Australia Group of chemical exporting In conclusion, I want to stress that nothing short of tragic if we now were countries, which includes the United America has always been a leader in on the sidelines, if we were not in- States. While this is plainly not the international arms negotiations. Amer- volved in the implementation of this case, the President under agreed condi- ica should continue this proud tradi- agreement, if we were not involved in tion No. 7 is committed to obtain as- tion of leading the way. We as a nation exerting our leadership in behalf of this surances from our Australia Group have the opportunity to be one of the agreement. partners that article XI is fully con- world’s leading guardians of the peace I urge full support for this agree- sistent with maintaining export curbs through the application of this treaty; ment, and I really do think I speak for on dangerous chemicals. Condition No. we can participate in safeguarding our a large, engaged majority in Min- 7 also requires the President to certify armed forces, our citizens, our children nesota. that the CWC doesn’t obligate the from the horrors of chemical weapons; I thank the Chair. United States to modify its national we can lessen the likelihood of chemi- Mr. BIDEN. Mr. President, I suggest export controls, as well as to certify cal weapons being used again in war- the absence of a quorum. annually that the Australia Group is fare. The PRESIDING OFFICER. If there maintaining controls that are equal to, But to make all this possible, we is no objection, time will be deducted or exceed, current export controls. must have the perspicacity and fore- equally. Mr. President, one final point regard- sight to grab this fleeting opportunity, Mr. BIDEN. Mr. President, I withhold ing the Condition’s proponents concern this historic moment where we decide my suggestion of the absence of a that articles X and XI will require to join with other nations to improve quorum. I yield 7 minutes to my friend technology that will assist other coun- the quality of life worldwide and assure from North Dakota. tries to develop offensive chemical a safer, saner world. We have just cele- The PRESIDING OFFICER. The Sen- weapons programs. Exchanges of sen- brated Earth Day—and I ask what bet- ator from North Dakota. sitive technology and information pro- ter way to honor our planet is there Mr. DORGAN. Mr. President, today vided under terms of both articles than by now ratifying a treaty that the Senate will vote on the Chemical would be legally bound by the fun- will protect and safeguard her people? Weapons Convention. President Reagan damental obligation of treaty article I, Mr. President, there is not a lot of began the negotiations on this treaty. which obligates parties never to ‘‘* * * time to go through such an important President Bush signed it. And Presi- assist encourage, or induce, in any, issue, but I thought I would just draw dent Clinton sent it to the Senate for anyone to engage in any activity pro- from some very poignant and personal our advice and consent. hibited to a State party under this con- discussion back in Minnesota that we We do a lot of things in this Cham- vention.’’ This would ban assisting have had with gulf war veterans. ber. Some of them are small and rather anyone in acquiring a chemical weap- To quote one of the veterans who insignificant. But we also do some very ons capability. himself is really struggling with illness big and important things and make I strongly urge my colleagues from which he thinks is based upon some ex- some big and important decisions. The both sides of the aisle to join me in posure to chemicals during his service vote this evening on this treaty is a voting to strike this condition. in the war, he said, ‘‘This is my plea. very significant decision for the people CWC condition No. 33 would prohibit Please get everyone to stop using this of America and also people around the the United States from ratifying the junk.’’ world. CWC until the President can certify I really do think that the more I talk There are some who have opposed high confidence U.S. capabilities to de- to veterans with their service in the virtually all efforts in all cases to limit tect within 1 year of a violation, the il- gulf war fresh in their mind, many of arms. They vote against all of the arms S3574 CONGRESSIONAL RECORD — SENATE April 24, 1997 control treaties, believing that they That is what this debate is about. free to ratify the convention. If we do are not in our country’s best interests. This is not a small or an insignificant not, of course, he does not have that I think they were wrong, and I think issue. This is an attempt by our coun- power to do so. they have been proven wrong in a num- try and others to join together to ban Last week I did not object to the ber of areas. an entire class of weapons of mass de- unanimous-consent agreement by In previous arms control agreements, struction. which the Senate is now finally able to we have achieved significant success in Mr. President, I have spoken several consider the Chemical Weapons Con- reducing the nuclear threat against times in this Chamber about the vote vention. I did comment at that time on this country. I held up in this Cham- that we are to take today. This vote is the manner in which we are proceed- ber—in fact, somewhere right near this late. This debate should have taken ing. We have been forced to take the spot—not too many months ago a large place long ago, but it did not. We unusual step of discharging this impor- piece of metal that I held up from that pushed and agitated and pushed and tant treaty from the Foreign Relations missile is metal that comes from the pushed some more to get it to the floor Committee without the benefit of com- scrap heap because the missile does not of the Senate because we face a critical mittee consideration or a committee exist any longer. end date of April 29. report. And, what is most extraor- In the missile silo that existed, in the I commend those who finally decided dinary, is that it is the Republican hole in the ground in the Ukraine, that to join with us and bring this to the leadership for the Republican majority hole in the ground which contained a floor for a debate, but now as we pro- that has insisted on this extraordinary missile with a warhead ensconced in ceed through several amendments and procedure. Last week we were required to dis- that silo, there is now simply dirt. And then final passage, it is important for charge the Judiciary Committee from in that dirt are planted sunflowers—no the future of this country, for my chil- any consideration of S. 495, a bill that missile, no silo—sunflowers. dren and the children of the world, that was taken up last Thursday with no Now, why are sunflowers planted this Senate cast a favorable vote to committee consideration, no commit- where a missile was once planted, a ratify the treaty that comes from this tee report, and an absolute minimum missile with a nuclear warhead aimed convention. It will be a better world of debate. In fact, the Senate was asked at the United States of America? Be- and a safer world if we do that. to consider a revised, unamendable cause of an arms control agreement I want to commend those who have substitute version of the bill that was which required that that missile be de- worked on this in Republican and not made available to us until that stroyed. So sunflowers exist where a Democratic administrations, those very afternoon. I raised concerns that missile once stood poised, aimed at our whose view of foreign policy is that it it might, in fact, serve to weaken country. is a safer world if we together, jointly, Arms control agreements have criminal laws against terrorism. I dare- reduce the threats that exist in our say at least 90 out of the 100 Senators worked. This particular convention world. Yes, the threat from nuclear which we will vote to ratify today who voted on S. 495 last week had not weapons. We have done that in arms read it and probably did not have much would eliminate an entire class of control treaties. Those treaties are not idea of what was in it. weapons of mass destruction. perfect, but we have made huge I mention this because we have taken One could come to the floor of the progress. And now, also, the threat of a lot of time for recesses this year but Senate today and hold up a vial of chemical weapons and poison gas. we did not come up with a budget on sarin gas, and if one should drop that I am proud today to cast a vote for a April 15, even though the law requires vial of gas on this desk and it would treaty that is very significant, and I us to do so. The leadership decided not break, those in this room might not be hope sufficient numbers of my col- to bring one before the Senate to vote leaving the room; they might not sur- leagues will do the same. I hope that on. Each one of us had to file our taxes vive. If someone came here with a vial the news tomorrow in our country will on April 15, or the IRS would have and a gas mask and wore the mask and be that the United States of America come knocking on the door, but even appropriate protective clothing, then has joined 74 other countries in ratify- though the law requires the leadership they would suffer no consequences. ing this critically important treaty for to bring up a budget bill, none was. I My point is, who are the most vulner- our future. am not suggesting we not bring up the able in our world when there is a poi- Mr. President, I yield the floor and I Chemical Weapons Convention now. It son gas or chemical weapon attack? make a point of order that a quorum is should have been brought up last Sep- The population of ordinary citizens is not present. tember. But I worry that the Senate is the most vulnerable. There are armies, The PRESIDING OFFICER. The time suddenly doing this, launching into if forewarned, that can defend them- will be divided equally. issue after issue, not following the kind selves against it, but the mass popu- The clerk will call the roll. of procedures that would enable us to lation of citizens in our countries is ex- The assistant legislative clerk pro- really know what we are talking about. traordinarily vulnerable to the most ceeded to call the roll. I suggest that we should be looking at aggressive poison gas and chemical Mr. LEAHY. Mr. President, I ask the way we have done this. weapons known to mankind. unanimous consent that the order for In 1988 I chaired hearings on the There are a lot of arguments that the quorum call be rescinded. threat of high-tech terrorism. I con- have been raised against this conven- The PRESIDING OFFICER. Without tinue to be concerned about terrorist tion, but none of them make much objection, it is so ordered. access to plastique explosives, sophisti- sense. Our country has already decided The Chair recognizes the Senator cated information systems, electronic to destroy our stockpile of poison gas from Vermont, who has an hour under surveillance equipment, and ever more and chemical weapons. We have al- the agreement. powerful, dangerous weapons. With the ready made that decision. President Mr. LEAHY. Mr. President, I yield sarin nerve gas attack on the Tokyo Reagan made that decision. We are in myself such time as I may need under subway system 2 years ago, we saw the the process of finishing that job. The the hour reserved to the Senator from use of harmful chemicals to commit question before the Senate is whether Vermont. terrorist acts. we will join in a treaty ratified already Mr. President, today the Senate will In our Judiciary hearings in 1988, 1991 by over 70 other countries, whether we exercise its advice and consent author- and 1995, we heard testimony on easily will decide to work to eliminate chemi- ity under article II, section 2, clause 2 acquired, difficult to detect chemical cal weapons and poison gas from the of the United States Constitution. We and biological weapons and explosions. rest of the world, to decide that if ever have to decide whether we will advise On April 17, 1995, the date of the bomb- American men and women who wear a and consent to the Chemical Weapons ing of the Murrah Federal Building in uniform in service of our country go Convention that has been the product Oklahoma City, we all learned how abroad or go somewhere to defend our of negotiations conducted by the easy it is for somebody, intent on ter- country, they will not be facing an at- Reagan, the Bush and the Clinton ad- rorism, to concoct a lethal compound tack by chemical weapons or poison ministrations. If we advise and consent out of materials as easily available as gas. to it, then President Clinton will be fertilizer. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3575 So, for more than a decade I have warfare. This treaty prohibits a full resolution of ratification that provide raised issues about the threats of nu- spectrum of activities associated with even greater protections to U.S. busi- clear, biological and chemical terror- the offensive use of chemical weapons, ness, and our soldiers, and those who ism. I have worked with Members on including the development, production, are concerned about constitutional vio- both sides of the aisle to minimize acquisition, stockpiling and assistance lations. those threats. We have cooperated on to anyone engaging in these activities. Shortly, we are going to vote to measures included in the Violent The convention creates a comprehen- strike five other conditions that oppo- Crime Control and Law Enforcement sive verification regime which makes nents of the treaty say are necessary to Act of 1994, and the Antiterrorism Act, it easier to detect and monitor emerg- address their concerns. I hope that, passed in April of last year. We have ing chemical weapons threats. The vig- rather than addressing their concerns, concurred on those. Assuming we ad- orous verification procedures estab- we address the concerns of the United vise and consent today, and I think lished in this treaty will help deter States. Those five conditions should be now that we will—I think some who countries from developing chemical seen for what they are, treaty killers, wanted to hold it up realize that this is weapons, and will make it more likely designed by those who have no desire not the kind of posture they want to be that cheaters are detected. Those na- to see us participate in this treaty, no in, especially as a party going into tions that do not ratify it, and we matter how many modifications we elections next year—but, assuming could be among them, will be subject make. that we advise and consent and the to trade sanctions. Nonparticipating I want to speak briefly about two of President can ratify it, I look forward nations will also face increasing inter- the amendments. The distinguished to working with Senator HATCH to national pressure to comply, as their chairman of the Foreign Relations promptly consider and report imple- number dwindles to an unsavory few. I Committee, Senator HELMS, has been menting legislation that will continue hope the United States will not be one very insistent on them. They are im- the progress we are making today. of those unsavory few. portant with respect to this treaty, and I look forward to hearings in the Ju- In the last day, I have heard prepos- also with respect to the issue of anti- diciary Committee on S. 610, having terous statements from the Senate personnel landmines. That is a matter that committee consider that measure floor about what damage this treaty of special importance to me. and report it to the Senate before the will do to our national security, about Proposed condition 29 would, among Memorial Day recess. what a burden it will be on American other things, prohibit the United I do not expect the distinguished sen- business—the same businesses that are States from ratifying the treaty until ior Senator from Utah, chairman of the hoping that we will advise and consent Russia has done so. Proposed condition Judiciary Committee, to bottle up this to it; about how rogue states will sud- 30 would prohibit the United States measure or to deny the Senate the ben- denly produce unconstrained amounts from ratifying the treaty until all efit of our committee’s views. I am of chemical weapons to use on our sol- States having chemical weapons pro- going to try to get something ap- diers. Others eloquently exposed these grams, including China, North Korea, proaching regular order. We have not charges for what they are: flat-out and Iraq, have ratified the treaty. In on anything else yet this year, but false. other words, we would say that China, maybe on this issue we could. What this debate is really about is North Korea, and Iraq would determine We have had the Chemical Weapons how we monitor the rest of the world the timetable for the United States. Convention before us since November to ensure the use of these weapons is Can you imagine that in any other con- 1993. As the April 28, 1997, deadline ap- deterred and minimized. For we all text? We would be screaming on this proaches—after which our lack of rati- know, the United States by law is com- floor. Of course we would not allow fication risks economic sanctions mitted to destroying our own chemical that to happen. These conditions would against our chemical industry that stockpiles by 2004. We are doing this effectively prevent the United States would actually cost U.S. chemical com- because we know that these weapons from ratifying the Chemical Weapons panies hundreds of millions of dollars— have limited military utility and be- Convention and allow the world’s most I hope the Republican majority will cause civilized people around the world recalcitrant regimes to decide the rules join with the President and ratify it, agree their use is morally wrong. And of international conduct. and allow him to sign this treaty. I un- the United States is not going to use To its credit, the administration derstand all Democrats will vote for it. them. strongly opposed these amendments. It I hope enough Republicans will, too. So, how do we encourage other states argues, and I agree, that we should rat- In fact, our good friend and former to do what we are going to do anyway? ify the treaty even before Russia does, colleague, Senator Bob Dole, endorsed Should we go at it unilaterally or mul- and even assuming that rogue States ratification yesterday. I hope others tilaterally? Do we want American in- like Iraq and Libya and North Korea do are now going to follow him, because, spection teams to mount short notice not. In other words, even if these other really, we are deciding whether the inspections of potential violators or nations which could easily produce United States will be a member of a not? Do we want international pen- chemical weapons do not join the trea- treaty that goes into effect on April 29, alties to apply to those who flout this ty, the United States should still do so. with or without us. No matter what we treaty or not? Are we safer if the Rus- Why? Because, by ratifying the treaty do on the floor of the Senate, this trea- sians destroy their 40,000 tons of chemi- we isolate the rogue nations, we make ty goes into effect on April 29. If we do cal weapons, or not? Do we join with it harder for them to produce and use not advise and consent, the United the 74 nations who have ratified this chemical weapons. And, were they then States will be left on the outside of the treaty, and the 162 countries that have to do so, if all of us had joined in this world community, with states like Iraq signed it, or not? Or, does the United convention and they moved outside the and Libya, which have refused to be- States, the most powerful nation in the convention, they would suffer inter- come parties to this important arms history of the world, choose, somehow, national condemnation and sanctions. control measure. It is a fascinating sit- to go it alone, with all the problems In support of this argument the ad- uation, Mr. President. If we do not ad- that would entail? ministration has turned to some of our vise and consent, we can say we are Let us not forget that the United most distinguished military and na- standing shoulder to shoulder with Iraq States had a primary role in designing tional security leaders. Let me quote and Libya because we did not join the and shaping this treaty, from the time what they are saying about linking our chemical weapons treaty. This is one of it was first proposed by President ratification to Russia’s or to the ac- the most ambitious treaties in the his- Reagan. In recent weeks, the ranking tions of such nations as China and Iraq. tory of arms control. It bans an entire member of the Foreign Relations Com- Gen. Brent Scowcroft and former CIA class of weapons, which have been one mittee, working in concert with the Director John Deutch say: of the great scourges of the 20th cen- Clinton administration, has worked [U.S. failure to ratify] gives Russia—which tury. In fact, this, along with anti- very hard to address the concerns that has the world’s largest stock of chemical personnel landmines, have been among some Members of this body have. Yes- weapons—an easy excuse to further delay its the greatest scourges of 20th century terday we passed 28 declarations to the own accession to the CWC. S3576 CONGRESSIONAL RECORD — SENATE April 24, 1997 Former Secretary of State James of ratification. The President has made should line up with them rather than Baker says: the case very, very well, and members the rest of the world. And they would [S]ome have argued that we should not of his administration have too. say that a treaty banning anti- contribute to the treaty because states like I would say with some irony though, personnel landmines would reduce the Libya, Iraq and North Korea, which have not this is precisely the argument that I landmine problem to a few notorious signed it, will still be able to continue their have been using on antipersonnel land- outlaws and make the world safer for efforts to acquire chemical weapons. This is mines. I could repeat verbatim what all its people. These are the arguments obviously true. But the convention . . . will the President, the White House staff, make it more difficult for these states to do they made on the Chemical Weapons so. . . . It makes no sense to argue that be- the Secretary of Defense, General Convention. They are right. They also cause a few pariah states refuse to join the Schwarzkopf, and former Secretary would be right in making these same convention, the United States should line up Baker have said. These arguments arguments in support of a treaty ban- with them, rather than the rest of the world. apply lock, stock, and barrel to the ning antipersonnel landmines. Secretary of Defense William Cohen problem of antipersonnel landmines. In fact, Mr. President, in a letter to says: We all want Russia and China to be the New York Times today by Robert [T]he CWC will reduce the chemical weap- part of a treaty banning antipersonnel Bell, the Senior Director for Defense ons problem to a few notorious rogues. ... landmines. But that is not going to Policy and Arms Control, National Se- And last, but certainly not least, happen any sooner than Iraq is going to curity Council, Mr. Bell wrote: Gen. Norman Schwarzkopf has said: sign the chemical weapons treaty. We will be in a much stronger position to We don’t need chemical weapons to fight Their failure should not be used as an make sure other parties to the Chemical our future wars. And frankly, by not ratify- excuse for the United States not to Weapons Convention do the same if we are ing that treaty, we align ourselves with na- sign a treaty banning antipersonnel inside, not outside a treaty. tions like Libya and North Korea, and I’d mines when 100 other nations, includ- Mr. President, I ask unanimous con- just as soon not be associated with those ing many that have produced and used sent that that letter be printed in the thugs in that particular battle. landmines or have been devastated by RECORD. I agree with General Schwarzkopf. I their effects, are ready to sign such a There being no objection, the mate- do not want to have the United States treaty. rial was ordered to be printed in the lumped in with Libya and North Korea When the administration on the one RECORD, as follows: on the CWC. hand says we have to go forward with [From the New York Times, Apr. 24, 1997] By ratifying the treaty, we and the the Chemical Weapons Convention— U.S. WOULD BENEFIT FROM CHEMICAL TREATY overwhelming majority of nations es- and I agree—even though some coun- (By Robert G. Bell) tablish the rules by which the conduct tries, the worst ones have not yet of nations is measured. joined, it is unfortunate that the ad- To the Editor: Re A.M. Rosenthal’s ‘‘Matter for Char- Will some nations violate the treaty? ministration then turns around and Perhaps. But that is no more reason to acter’’ (column, April 22), on the Chemical says we cannot do the same thing with Weapons Convention, which the Senate will oppose ratification than it would be to antipersonnel landmines until every- vote on April 24: oppose passage of other laws outlawing body joins in. Mr. Rosenthal says that Article 10 of the illegal conduct. We pass laws all the No treaty is universal. In fact some treaty should be a ‘‘deal breaker’’ because it time, criminal laws in this country, treaties have taken effect with only 20 allegedly would give ‘‘terrorist nations’’ ac- and treaties, that say what shall be a signatories. But by establishing the cess to defensive technology that would help crime or a violation of the treaty. We international norm, the rogue nations them evade the defenses of responsible do not withhold passing them because are isolated and pressure builds on states. somebody might break that law. It is Only countries that have joined the Chemi- them to sign. And that is the only way. cal Weapons Convention, renounced chemi- one of the main reasons we do pass a So I ask, Mr. President, why does the cal weapons and destroyed their stockpiles law, to try to deter unacceptable con- administration argue one way on can request defensive assistance—and then duct. chemical weapons but not follow only if they are threatened with or under And by isolating the rogue nations, through on its argument when it comes chemical attack. Further, President Clinton we pressure them to refrain from pro- to antipersonnel landmines? Land- has committed to the Senate in a binding ducing or using chemical weapons. mines are just as indiscriminate. condition that the United States will limit When they tire of being branded out- Why, when many more American sol- our assistance to countries of concern, like laws, they may even join in ratifying diers and many more innocent civil- Iran or Cuba—should they ratify and comply with the treaty—to emergency medical sup- the treaty and complying with it them- ians, Americans and others, have been plies. selves. killed and horribly maimed by land- And we will be in a much stronger position The arguments we hear on the floor mines than by chemical weapons? to make sure other parties to the Chemical from some today in opposition to this The reason, of course, is we pushed Weapons Convention do the same if we are also apply to the Nuclear Test Ban for the Chemical Weapons Treaty be- inside, not outside a treaty that will compel Treaty. Not all nuclear powers are sig- cause we have already renounced our other nations to do what we decided to do natories to that treaty. But the effect own use of chemical weapons, just as years ago: get rid of chemical weapons. of the treaty is a powerful disincentive we pushed for the Test Ban Treaty be- Mr. LEAHY. I agree with Mr. Bell, on any state, signatory or not, from cause we had renounced our own nu- and I know he worked tirelessly on the testing nuclear weapons. We know clear tests. But we have not yet re- CWC. But unfortunately, Mr. Bell, who there are some countries today that nounced our use of antipersonnel land- I am sure is well motivated, has not have nuclear weapons. They have not mines. been willing to apply that same argu- signed the Nuclear Test Ban Treaty, If we did do so, if the United States ment to antipersonnel landmines. The but because the major countries have, were to renounce its use of anti- Vice President will not apply that ar- it limits their own scope of activity. personnel mines, as so many other na- gument. Many of the same people who These treaties were the subject of tions have done, including many of our are up here arguing for the Chemical many, many years of negotiations, ne- NATO allies, I guarantee that the ad- Weapons Convention make one argu- gotiations that went nowhere until the ministration would make exactly the ment for the Chemical Weapons Con- United States said that it would re- same arguments in support of a treaty vention and turn that argument com- nounce the use of chemical weapons, banning those weapons as it is making pletely around when it comes to anti- and stop nuclear testing. And once the in support of the CWC. personnel landmines even though we United States said that, then negotia- They would say that we should not face a grave danger, every day, from tions were pursued vigorously. The allow Russia, China, and others to de- antipersonnel landmines. treaties were signed within a few years cide what the rules of international There are 100 million of anti- time. conduct should be. They would say it personnel landmines in the ground in I commend the administration and makes absolutely no sense that be- 68 countries, where every few minutes other proponents of the CWC for argu- cause a few pariah nations refuse to somebody is maimed or killed by them. ing so strongly and effectively in favor join a landmine ban the United States This is, in many ways, a greater danger April 24, 1997 CONGRESSIONAL RECORD — SENATE S3577 to innocent people than chemical I quote further: stantly, chemical weapons invade the weapons. And I wish the administra- The rationale for opposing antipersonnel respiratory system making it unbear- tion, I wish Mr. Bell, I wish the Vice landmines is that they are in a category ably painful to breathe. When chemical President, I wish others who have not similar to poison gas. .. . they are insidious weapons were used in Iraq by Saddam made their same arguments on anti- in that their indiscriminate effects . . . Hussein, against the Kurds, eye- personnel landmines that they do on cause casualties among innocent people. ... witnesses reported that the pain was so chemical weapons will reconsider. Be- They said further: great that many victims submerged cause, like chemical weapons, anti- Given the wide range of weaponry avail- themselves in nearby rivers to escape personnel landmines are weapons we do able to military forces today, antipersonnel the spreading gas. not need. landmines are not essential. Thus, banning Mr. President, we are a civilized Na- What we do need are defenses against them would not undermine the military ef- tion here. We must do all we can to them, because, like chemical weapons, fectiveness or safety of our forces, nor those prevent this torture. And approving of other nations. they are easy and cheap to produce. the CWC is a major step. I know many They pose a grave threat to our troops. Mr. President, every single argument of my colleagues had questions. I know They are the Saturday night specials of the administration has made in favor that Senator BIDEN and others have civil wars. They kill or maim a man, of us joining the Chemical Weapons worked tirelessly to address those woman or child every 22 minutes every Convention could be made to ask us to problems. And I feel what we will have day of the year. They are aptly called go to Ottawa to sign a treaty banning before us, if we defeat the killer weapons of mass destruction in slow antipersonnel landmines. Because by amendments, the five killer amend- motion. In fact, they are the only doing that, we would have 90 percent of ments, will lead us to a far more civ- weapon where the victim pulls the trig- the nations of this world pressuring the ilized world. ger. They are a weapon where one Cam- remaining 10 percent, and that pressure All signatory nations of the CWC bodian told me, in their country they would be enormous. agree never again to manufacture cleared their landmines with an arm I reserve the balance— chemical weapons, nor to use them in and a leg at a time. Mr. President, how much time is re- war. They agree to destroy all existing I am proud to support the President, maining to the Senator from Vermont? stockpiles of chemical weapons. They the Vice President, and the rest of the The PRESIDING OFFICER. Twenty- agree to allow inspections of chemical administration on the Chemical Weap- seven minutes. plants to verify that no weapons are ons Convention. But I hope that they Mr. DODD. May I inquire, Mr. Presi- being manufactured illegally. will soon take the same position on dent, from the Senator from Vermont, To those who say there are some na- antipersonnel landmines and say, let us there are a couple of us here who have tions who may not sign on, we know bring together the like-minded states— requested some time. In fact, I know that is so. I will say this: If we sign and there are many who are ready to my colleague from California has made this treaty and we are a party to it, it join in a treaty to ban them, join with a similar request. My colleague from will be far more difficult for nonsigna- them, and then put the pressure on the Maryland also has. I ask if our col- tory nations to develop chemical weap- other countries like Russia and China league from Vermont would be willing ons. This is the case because rogue and so on who will take longer to do it. to yield us some time off his time. We states will find it far more difficult to If American children were being torn could make some remarks and maybe import the raw materials and manufac- to pieces every day on their way to expedite this process. turing equipment they need to develop school, or while playing in their back- Mr. LEAHY. Mr. President, I intend chemical weapons. yards, we would have made it a crime to be speaking again further on this. I Another reason, the second reason: If long ago. It is an outrage that should have 27 minutes remaining. the United States fails to ratify the shock the conscience of every one of The PRESIDING OFFICER. There is convention, it will still go into effect, us. a correction of the time. You actually but it will be weaker. It will be weaker So I am going to vote to advise and have 32 minutes left. because many nations will stay off this consent to the Chemical Weapons Con- Mr. DODD. I needed 10 minutes. treaty and, therefore, there will be vention so the President can ratify it Mrs. BOXER. If I could have 7 min- fewer who are actually bound by it. and to exert the leadership necessary utes, I would ask the Senator. Also, our inspectors will not be on the to help rid the world of the scourge of Mr. LEAHY. I will yield 10 minutes team to go and search for possible CWC chemical weapons. I look forward to to the Senator from Connecticut, 7 ratification and to the implementation violations. Our inspectors are among minutes to the Senator from Califor- the best in the world, and they will legislation to make the treaty a re- nia, and withhold the balance of my ality. give us confidence as to the true state time. And I will also continue to work to of chemical weapons production. Why The PRESIDING OFFICER. The Sen- convince the administration this is the would we want to stay off a treaty that kind of leadership we need if we are to ator from California. will go forward that will not have our rid the world of antipersonnel land- Mrs. BOXER. Thank you very much. inspectors on those teams? mines—a scourge every bit as horrify- I appreciate my friend from Con- Third, failure to ratify will hurt ing as chemical weapons, frankly, Mr. necticut allowing me to proceed. I may American business. The CWC imposes President, a scourge that is killing not use the full 7 minutes. I will try to trade sanctions against nonsignatory more people today and tomorrow and be very concise. nations that limit the ability of their last year and next year, and on and on, Mr. President, I rise in strong sup- chemical industries to export many of than chemical weapons. We should be port for ratification of the Chemical their products overseas. It could cost leading the world’s nations to end the Weapons Convention. And I base my our companies hundreds of millions of destruction and death caused each day support on four main facts. dollars every year. Now, opponents say by landmines, not sitting on the side- First, the Chemical Weapons Conven- that the CWC would impose additional lines. tion is in the national security inter- regulations on an already heavily regu- I will conclude, Mr. President, by ests of the United States of America lated industry, our chemical industry. quoting from a letter to President Clin- because it reduces the likelihood that They argue the convention will result ton signed by 15 of this country’s most American soldiers or civilians will ever in vast new compliance costs. But distinguished military officers, includ- face a chemical weapons attack. when you take the compliance costs of ing Gen. Norman Schwarzkopf; former We should not lose sight of why this $250,000 to $2 million for the entire in- Supreme Allied Commander John is so important. The effects of chemi- dustry, that is a small price to pay Galvin; former Chairman, Joint Chiefs cal weapons are so barbaric, so dev- compared to the hundreds of millions of Staff, David Jones, and others. They astating, that we must do all we can to of dollars that would be lost if sanc- said: ensure that they are never used again. tions were imposed. We view such a ban [on antipersonnel land- Chemical weapons are among the The vast majority of the chemical in- mines] as not only humane, but also mili- most horrible devices ever conceived. If dustries strongly supports the CWC. tarily responsible. they do not kill their victims in- U.S. chemical companies advised the S3578 CONGRESSIONAL RECORD — SENATE April 24, 1997 Reagan and Bush administrations majorities to commit this Nation to nations do, we have decided to take throughout the original CWC negotia- international arrangements, and the ourselves out of the chemical weapons tions. Leading U.S. chemical trade as- fact that we require supermajorities business unilaterally, and yet the associations support the CWC. They for treaties, I think, is worthwhile. sumption under this faulty condition is know the costs of compliance are small Mr. President, I want to focus my at- that we must not disarm until other and the risks to industry are great if tention, if I can, on the first amend- nations with chemical weapons or we fail to ratify. ment that will be raised here. The chemical weapons capability disarm as Fourth, failure to ratify will under- amendment will strike a condition in well. mine our credibility, America’s credi- the treaty that has been included by We must be clear, Mr. President, that bility, in the world. Imagine a treaty Senator HELMS. I am going to oppose having agreed, ourselves, to destroy that was brought forward by Ronald condition 30, which I believe will be the our chemical weapons, this treaty Reagan, continued toward the goal line first vote we will cast. This is the deals with whether or not we can act by George Bush, and now a Democrat rogue states condition. I will explain with the backing of the world to bring President, following a legacy of those what that means and express why I other nations to do the same. As Sec- two Republican Presidents, wanting to think it ought to be struck from this retary Albright has said very simply, take this over the goal line, and sud- treaty in the brief time I have avail- ‘‘This treaty is about other nations’ denly we are going to back off. It seems able to me. chemical weapons, not our own.’’ We to me our credibility is absolutely at Mr. President, we must ask only one will destroy, Mr. President, our weap- stake here. I believe we should not question today. We must ask: Is this ons because they are no longer needed. back away from this treaty. We should treaty in the best interests of our So this idea that we must wait for pass it and defeat the killer amend- country? That is our obligation as other nations to ratify this treaty, I believe, is fatally flawed. ments. Members of the U.S. Senate. That is This convention would establish an Mr. President, to those who raise all the question which we must address. international norm that will allow us sorts of flags about this treaty, we This condition 30, the rogue states con- to pressure rogue states who decide should understand this: We could al- dition, I think, is not in the best inter- they would rather keep and enhance ways exercise our right to withdraw ests of the United States. I think it their chemical weapons stockpile. On from the convention on 90 days’ notice. would prohibit the United States from the basis of what we now know about This right to withdraw is guaranteed ratifying the Chemical Weapons Con- the Persian Gulf war, that many thou- vention. It would prohibit us, of course, to all signatory nations by article XVI sands of this Nation’s troops may have from ratifying the convention until na- of the CWC. been exposed to chemical agents, we Mr. President, in closing, I thank the tions such as North Korea, Libya, must not pass up the chance, in my Senator from Vermont for his generos- Syria and Iraq ratify the treaty. view, to establish a norm that would ity, and my friend from Connecticut. I More than any of the other condi- have made it far more difficult for Iraq tions we will vote on, Mr. President, join with them. The CWC is in our na- to have the weapons in the first place. later today, this condition would delay tional interests. It will enhance na- Remember, Mr. President, there is no indefinitely, in my view, the ratifica- tional security, protect American jobs; law that bars a nation from building, tion of this treaty. The so-called rogue it will help maintain our position of stockpiling, upgrading, or transferring states condition would force the United global leadership; and, my friends, their chemical weapons. In fact, when States of America to wait until all of most important of all, it really will Iraq used chemical weapons against the protect the world from the most hor- the pariah states of the world ratify be- Kurds, as heinous an act as it was, the rible, horrible weapons of our time. fore we, ourselves, would accept the Iraqis did not even violate the Geneva The PRESIDING OFFICER. The Sen- treaty that we, ourselves negotiated. Protocol because they did not use the There is a reason, Mr. President, that ator from Connecticut. agents in an international conflict. Mr. DODD. Thank you, Mr. Presi- we use the words rogue and pariah to What we need today, Mr. President, dent. I thank my colleague from Ver- describe these countries such as North is a new agreement. This convention mont for his generosity in yielding Korea, Libya, Iran. These are the na- goes much farther in establishing a time. tions that are the loners in the inter- basis for international action against Mr. President, yesterday I included national arena and who routinely dis- chemical weapons themselves. some extensive remarks in the RECORD regard international opinion in pursu- I further object, Mr. President, to regarding the overall treaty. I let those ing their own interests. These rogue this rogue states condition because we remarks speak for themselves today. nations, these renegade nations, have should not allow our foreign policy de- First, I begin by commending our never given weight to world opinion. cisions to be dictated by rogue states— colleagues, the chairman of the For- There is no reason to expect that they by a Libya, a North Korea, and an Iraq. eign Relations Committee, Senator will have a change of heart any time Let us remember that the negotiating HELMS; the ranking Democrat on the soon. Waiting for these rogue states to teams of President Reagan and Presi- committee, Senator BIDEN; the major- accept this treaty is literally like wait- dent Bush anticipated the likelihood ity leader, Senator LOTT; and the mi- ing for Godot. that rogue nations would not accept nority leader, Senator DASCHLE, for Let it be known, then, that a vote this treaty. That is why President Rea- working out the arrangements of this against striking this condition is, in gan’s and President Bush’s teams in- treaty so we can come up for a vote my view, without any question what- cluded sanctions, when they wrote this prior to the April 29 deadline. ever, a vote to prohibit U.S. participa- treaty, against nations that remained Let me also say, Mr. President, while tion in the Chemical Weapons Conven- outside of this treaty. This condition there are disagreements—and there tion. If we include, Mr. President, this 30, the rogue states condition, insults will be over the ultimate decision of condition 30, the rogue states condi- those negotiating teams that worked whether or not to support the treaty— tion, we might as well include a condi- so hard and with such great foresight I think the debate and the process we tion that requires ratification by every on this very treaty. It assumes that have gone through has been healthy. I single nation on Earth before we ratify, they were so shortsighted that they did suspect those who are deeply involved for these are, indeed, the very last na- not anticipate that rogue nations in the workings of this treaty have im- tions that would ever accept this trea- would oppose it. That is not the case. proved it. So I commend all of our col- ty. That is because these nations, these The truth, again, is that the nego- leagues for the work they have done on rogue nations, fear this treaty and the tiators knew very well that these rogue this particular effort. I think it is how international determination that it nations would look upon this treaty as the Senate of the United States ought demonstrates. something that they would have to op- to conduct its business when it comes Our country, Mr. President, has de- pose, so we and other nations de- to matters dealing with obligations to cided unilaterally to destroy its aging manded that these renegade nations be commit our country for many years to chemical weapons stockpile by the penalized. come. It was no mistake that our year 2004. That is a decision we have al- How ironic it is, Mr. President, that Founding Fathers required super- ready made. Regardless of what other unless the United States strikes this April 24, 1997 CONGRESSIONAL RECORD — SENATE S3579 rogue states condition, we now will be Mr. President, I urge the adoption of ty, and the overreaching question is: penalized ourselves. Germany, I point the amendment to strike, and I urge Will we be better off or worse off if we out, has already indicated its intent to the adoption of the treaty itself. commit to its terms? impose the sanctions against non- I yield the floor. Now, this is not a treaty that is participants that this treaty mandates. The PRESIDING OFFICER. The going to prevent terrorists from using Let us be aware, Mr. President, we chair recognizes the Senator from New chemicals as weapons if they see fit. live in a new world. Scholars use the Mexico and asks, who yields time? This is more of a treaty that addresses words ‘‘multipolar’’ and ‘‘post-nation- Mr. BIDEN. Mr. President, I yield 7 itself to the military use of these kinds alist’’ to describe today’s world. Other minutes to my friend from New Mex- of drastic weapons. Now, it is not per- nations are increasingly capable of ico. fect, but let me suggest the second taking action without our leadership, Mr. DOMENICI. Mr. President, first principle that everybody should know, regretfully I might add. Those who let me say that I believe the Senate including those Americans who worry think this treaty will not go into effect has done itself proud with reference to about this treaty: America has already without our ratification are thinking the debate and participation of our committed to totally destroying all of of an older world, of the days when the Members in this series of debates and its chemical weapons. President Ron- United States declined to participate discussions regarding this treaty. When ald Reagan, many years ago, said, let’s in the League of Nations and it failed you add to it the closed session we had get rid of one kind of weapon, leaving as a result. Mr. President, that was today, I think every Senator has had only one left over. President Bush also over three-quarters of a century ago. an ample opportunity to thoroughly agreed to get rid of them. America is Let me assure my colleagues that to understand this situation. I believe now on a path to get rid of them in 10 the extent we isolate ourselves today, when the day ends and you have heard years. All of this discussion has not our country will pay a price tomorrow. all of that, the overwhelming majority changed that. So when we talk about The question before us this hour with of the U.S. Senators are going to vote the dangers to America, it should be this condition that will come up short- to ratify this treaty. I believe they are understood that we have already de- ly, is, will we allow a group of rogue, going to do that not because it is per- cided that on our own. We want to get renegade nations to disengage the fect, but because the world is better off rid of them either because we think United States from the international and we are better off if we have this that is in our best interest—I would as- community on this issue of chemical treaty than if we don’t. sume that is the case—and/or we think weapons? Having said that, while the world has it is better for the world that we not Mr. President, when this Nation al- set about to perfect chemical weapons, have any because we think the world lows itself to be held back by the short- there is nothing new about this. In may follow our example. sightedness, the evil of other nations, fact, I can remember, as a very small Having said that, it seems to me we make a huge mistake indeed. Presi- boy, a great uncle who was a totally that, with the United States having dent Reagan did not wait for other na- disabled American veteran. He was an agreed to destroy all of their weapons tions when he took the first step for- Italian immigrant taken into the First of this type, we ought to look at the ward on the matter of chemical weap- World War. He served in the U.S. treaty and ask, is it apt to work its ons by declaring that the United States Army, and he was the victim of mus- will on the rest of the world quicker would unilaterally destroy its chemical tard gas. In that war, the Germans and better than if we didn’t have it? In weapons stockpile. President Reagan used mustard gas, a chemical weapon everything I hear, everything I have did not wait for other nations when he on the front, on the lines. Many Ameri- read, in discussions with scientists initiated negotiations to ban chemical cans received toxic doses. In fact, this that worked on it, including some of weapons from this Earth. President great uncle of mine, as I indicated, col- the top scientists who negotiated this Bush did not wait for other nations to lected veteran benefits for his entire agreement, they have all said that, sign this treaty. Presidents Reagan and life for a total disability because of the even with its defects, the CWC is more Bush did not follow others in making mustard gas being used in World War I. apt than not to bring the rest of the those critical decisions. We led, as Science has perfected weapons be- world to the same conclusion that great nations must, and others have yond mustard gas, and the world lives America has come to. They support fallen in behind us. Our Nation set the under three scourges today. One is the that we might get to a point where example. Now it is time for us to set possible proliferation of nuclear weap- there are none of these weapons around the example once again. ons; another is the proliferation of Finally, Mr. President, we must keep sooner rather than later if we have this chemical weapons, and the third is the in mind that opponents of this treaty treaty, as compared with no treaty. proliferation of biological weapons. argue both sides of the issue. On the There are all kinds of nuances that Now, we have attempted in the past, one hand, they argue that rogue states one can talk about as you look at will reap great benefits from the tech- starting with President Eisenhower, to something as complicated as this. But nology and intelligence available to do something about the proliferation of I think, fundamentally, the issue is: them as participants in this treaty. nuclear weapons. While we haven’t suc- what is best for the United States after That argument assumes that these ceeded in totality, we have clearly suc- we have committed to destroy our nations can’t wait to participate in ceeded beyond anything men of that chemical weapons, is it better that we this treaty. Yet, on the other hand, day thought. It was not perfect. There have the treaty or not? From every- this condition that we will vote on as- were those who wanted to argue about thing I can tell, the 28 conditions that sumes that rogue states will avoid par- it because it was not perfect, but we have been agreed upon are good clarify- ticipating in this treaty. could not have ended an entire era ing language and many contain protec- If parties to this treaty pick up such without Atoms for Peace and every- tions to our private property rights a technological advantage, why aren’t thing that came with it. Having said that we may have assumed early on these rogue nations crawling over that, let me suggest that we probably would not be violated. But then we got themselves to ratify the treaty? They won’t find a way to enter into an inter- concerned with the CWC and properly should be the first in line if that is the national treaty on biological weapons. so. Now, there is going to be some judi- case. Why then do we need this condi- They are principally weapons of terror- cial process to be required before in- tion? ists. spections can occur. I believe we now The truth is, Mr. President, that Let me talk about this treaty and will protect private facilities as well as rogue nations fear this convention and tell the Senate in my own way why I public facilities like our national lab- this treaty. Waiting for them to ratify am for it. First of all, I think it is an oratories through requirements for is absurd. No one expects them to rat- imperative. Even though it was said be- search warrants as part of the language ify, so we should at least become a fore, I say this one more time. Frank- that Senator HELMS agreed on with our party to a treaty that will severely rely, the reason this treaty exists is be- staff. strict the flow of chemicals to those cause we are trying—the United States In summary, it seems to this Senator nations, rather than assisting them by of America—to set in motion in the that if we join with other countries and a reluctance to move forward. world a security and arms control trea- begin moving to implement this treaty, S3580 CONGRESSIONAL RECORD — SENATE April 24, 1997 that we are better off with it than duction, transfer, and storage by pro- Moreover, once we ratify the treaty without it. Will it be difficult to get viding incentives for participation, ver- we will be in a better position to do everyone in the world to agree with our ification of compliance, and penalties something about noncompliance. The position—the civil position of moral, for violation. The United States is the CWC throws the force of world public decent leaders? I am not sure. But the only major industrialized country not opinion behind the identification and question is, will it be any easier, or are to have ratified it yet. Our participa- exposure of violators. Any violations we apt to succeed better, without the tion is critical to its ultimate success. that are discovered will be made widely treaty? I am convinced that such is not This convention will not make the known and receive universal con- the case. threat of chemical weapons automati- demnation. We will be able to punish Now, Mr. President, there are so cally disappear from the face of the violators through multilateral action, many Senators to thank, but I say to Earth. But it will constrain their pro- rather than going it alone, or trying to JON KYL, whose position I don’t agree liferation and make it harder for rogue convince the world that our suspicions with, that I don’t believe anybody has regimes and terrorists to gain access to are correct without revealing our intel- done a better job on something as com- them. By increasing the legal, moral, ligence sources. As former Secretary of plicated as this since I have been in the and financial costs of acquiring chemi- State Christopher explained, ‘‘By rati- Senate, which is now 25 years. I com- cal weapons, it will deter covert chemi- fying the Convention, we will add the pliment him for that. cal weapons programs and increase the force and weight of the entire inter- I yield the floor. likelihood they will be discovered. national community to our efforts.’’ Mr. BIDEN. Mr. President, I yield 5 There are three major reasons why The third reason we must ratify this minutes to the distinguished Senator this treaty will serve American inter- treaty is that a failure to do so will put from Maryland. ests and why a failure to ratify it could U.S. chemical manufacturers at a seri- The PRESIDING OFFICER. The Sen- have severe repercussions. ous competitive disadvantage. Once the ator from Maryland. First, the convention requires other CWC enters into force—which will hap- Mr. SARBANES. I thank the able nations to do something we already pen next Tuesday, with or without U.S. Senator from Delaware, and I commend plan to do—destroy chemical arsenals. participation—chemical manufacturers him for his extraordinary leadership Under a law first signed by President in countries that have not ratified will with respect to the Chemical Weapons Reagan, the United States will elimi- find themselves faced with inter- Convention. I know personally of the nate our current stockpile of chemical national economic sanctions. These time and effort he has devoted to this weapons by the year 2004, independent companies will be required to obtain end-user certificates for the sale of cer- cause. We are all in his debt. of what happens in this treaty. Our tain chemicals abroad, and after 3 Mr. President, it is now less than a own military thinks that is a wise years, they will not be able to export week before a landmark treaty—one thing to do, even on a unilateral basis. those chemicals at all. The United which the United States led the world The convention will simply ensure that States will be treated on a par with in negotiating—goes into effect inter- others do the same. rogue states, who will no longer be nationally. The Chemical Weapons In other words, this is not a debate trusted to conduct normal, commercial Convention, signed by President Bush over eliminating our own chemical weapons. We are already programmed trade in chemicals. on January 13, 1993, has now been rati- These dismal scenarios were cer- to do so. This is a question of whether fied by 74 countries. The eyes of the tainly on the minds of the chief execu- we can establish a regime that will re- world are upon the United States as we tives of 53 of the Nation’s largest chem- decide whether or not to join them. quire other countries to destroy their ical firms last August, when they ex- It would be a major mistake if this chemical weapons and stop building pressed their concern in a joint state- treaty were to go into effect without new ones. That is why Admiral ment, warning: ‘‘Our industry’s status us. Worse yet, if we fail to ratify, we Zumwalt had stated, militarily, this as the world’s preferred supplier of could be jeopardizing our best chance treaty will make us stronger. chemical products may be jeopardized It is not enough, however, to ask to eliminate the chemical weapons if the United States does not ratify the that some day would be used against other nations to ratify the treaty. We Convention. If the Senate does not vote us. must do so ourselves. Today, we have in favor of the CWC, we stand to lose This is a treaty that was advanced, an opportunity to lead the world in hundreds of millions of dollars in over- negotiated, and signed by Republican abolishing these terrible weapons, seas sales, putting at risk thousands of Presidents, with the encouragement, in rather than providing others with an good-paying American jobs.’’ American 1989, of some 75 U.S. Senators. What a excuse not to do so. If we do not adopt chemical companies have indicated a mistake it would be if the Senate were this treaty, or if we add crippling willingness to comply with inspections to forfeit this opportunity to protect amendments, we will have single- under the treaty because they are not American security, promote American handedly undermined the hope of rid- conducting illegal activity, and be- interests and preserve American lead- ding the world of this deadly scourge cause they helped to design the trea- ership. and of reducing the threat to our own ty’s inspection regime so that it would If we fail to ratify the CWC, we will citizens. not threaten legitimate business se- have done just that. If the Senate does The second major reason to ratify crets or compromise proprietary infor- not approve this historic treaty, our this treaty is that it will provide us mation. economic and security interests will with better information about what Earlier this year, President Bush re- suffer. Despite widespread and continu- other countries are doing in the realm affirmed his support for ratification, ing bipartisan support for this treaty, of chemical weapons. We know the ver- telling reporters the treaty should despite support from some of our Na- ification regime is not perfect. The ver- transcend partisanship. ‘‘I think it is tion’s outstanding military leaders— ification regime is never perfect in any vitally important for the United States such as General Shalikashvili and treaty. There may be states that try to to be out front, not to be dragged, former Chairmen of the Joint Chiefs of cheat on this agreement and others kicking, and screaming to the finish Staff Colin Powell, Admiral Crowe, that refuse to sign it. But if we are line on that question. We do not need General Vessey, and General Jones— party to the treaty, we will have an op- chemical weapons, and we ought to get some of my colleagues argue that this portunity to investigate and sanction out front and make clear that we are convention does not serve our security potential violations. We will take part opposed to others having them.’’ interests. in the organization established to mon- The CWC has been before the Senate The Chemical Weapons Convention is itor implementation, and we will help for consideration for nearly 4 years an unprecedented international agree- enforce its rules and procedures. As now, providing ample opportunity for ment designed to eliminate an entire former CIA Director James Woolsey examination. Last year, after exhaus- class of weapons of mass destruction. noted, ‘‘We will know more about the tive hearings and review, it was re- Unlike earlier protocols that prohibit state of chemical warfare preparations ported favorably by the Senate Foreign only the use of chemical weapons, this in the world with the treaty than we Relations Committee, but not brought convention aims at stopping their pro- would know without it.’’ to a vote on the floor of the Senate. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3581 Over the past few weeks a new series ried out in the Tokyo subway system where, and how than we would without of hearings has been held, in open and by the Aum Shunrikio cult was testi- the treaty. That is why the intel- in closed session, and all perspectives mony to the power of even a relatively ligence community has consistently have been thoroughly aired. The ad- small amount of chemical weapons. testified that, while the treaty is not ministration has worked in good faith Chemical weapons are among the completely verifiable, they regard it as to negotiate a new resolution of ratifi- most barbaric of mankind’s inventions. a highly desirable tool that will en- cation that addresses the earlier con- They are so awful, that the United hance our knowledge of chemical weap- cerns and more, including 28 agreed States, by act of Congress, has decided ons programs and our ability to stop conditions, declarations, statements, to eliminate our own stocks of these them. and understandings. The remaining weapons by 2004. They are designed to The CWC’s verification regime re- five conditions that have been proposed kill and incapacitate by causing such quires routine inspections of all de- will undercut and place in jeopardy the effects as skin blistering, blindness, clared facilities working with signifi- effectiveness of this treaty, and I urge lung damage, choking, nervous system cant amounts of chemicals listed by my colleagues to reject them. disruption, paralysis, or oxygen starva- the treaty. In addition, any site, de- The conditions to which the adminis- tion. Because of the ease of their dis- clared or not, may be subject to short- tration has already agreed will resolve persal over a wide area, chemical weap- notice challenge inspections if there every legitimate concern that has been ons are especially useful for targeting are suspicions that it is being used to raised. I would urge my colleagues not civilian populations. produce or store banned chemicals. to vote for pending amendments that The Chemical Weapons Convention is The CWC also establishes significant would require renegotiation, delay, or the most far-reaching attempt ever by trade restrictions on precursor chemi- abrogation of the CWC. If we don’t take the international community to con- cals. These restrictions will make it this opportunity to begin abolishing trol the spread of chemical weapons. It more difficult for nations who are not these terrible weapons, we will rue the bans for the first time the develop- parties to the treaty to acquire these day and have only ourselves to blame. ment, production, and possession of chemicals, and will provide us with Mrs. FEINSTEIN. Mr. President, I chemical weapons and reinforces the much more information than we cur- rise today to express my strong support international norm against their use. rently have about who is seeking to for the Chemical Weapons Convention. Since we are destroying our own chem- import such chemicals, and in what I believe it is very much in our na- ical weapons, it only makes sense that amounts. tional interests to ratify this treaty, we should want other nations to do so So the concern about verification, after we strike five conditions in the as well. while valid, I believe has been more resolution of ratification. The convention requires all signatory than adequately addressed. We must go Let me first express my respect and states to declare and destroy any into this treaty with our eyes open, appreciation for the distinguished chemical weapons and the facilities aware that it will not detect every vio- ranking member of the Foreign Rela- used to produce them. It requires mem- lation. But why would we deprive our- tions Committee, Senator BIDEN. He ber states to submit annual reports on selves of the extremely useful tools and and his staff have really done the the production and use of certain sen- information this treaty would provide heavy lifting in getting this treaty to sitive chemicals. This information, on the grounds that they are not fool- the floor, including many long hours of combined with our own intelligence re- proof? It would be incredibly short- negotiations on the package of 28 sources, will significantly improve our sighted to do so. agreed conditions. I also want to express my respect for ability to monitor and prevent illegal Sharing Defense Technologies: Dur- the opponents of this treaty, including transfers and uses of such chemicals. ing one of the hearings in the Senate the distinguished chairman of the For- Once the CWC takes effect, it will Foreign Relations Committee earlier eign Relations Committee and the Sen- make it much harder and more costly this month, the concern was raised for proliferators and terrorists to ac- that Article X of the CWC would re- ator from Arizona, Senator KYL. I have quire chemical weapons. An intrusive worked well with Senator KYL on many quire the United States to share ad- issues, including, at the moment, our verification system will be set up to de- vanced chemical defense technologies strong effort to pass a Victims’ Rights tect violations. Sanctions will be im- with rogue nations like Iran, who may Amendment to the Constitution. posed against nations that refuse to sign and ratify the treaty. If indeed the I know that in this debate these Sen- participate, making it more difficult treaty required that, there would be ators are motivated by their genuine for them to acquire precursor chemi- significant grounds for concern. But I and deeply felt concern for America’s cals for poison gas and easier to mon- believe the concern is overstated. national security. However, I must dis- itor their efforts to do so. In an April 22 letter to me, National agree with the view that we would be The intelligence-sharing and global Security Adviser Sandy Berger makes better off without this treaty, or by verification network that will result it very clear that Article X of the CWC passing a resolution of ratification from this treaty will increase the would impose no obligation on the that essentially renders the treaty chances that terrorist attacks involv- United States to assist Iran with its meaningless. ing chemical weapons can be prevented chemical weapons defense capabilities. Mr. President, the threat of chemical before they ever occur—a net gain in I ask unanimous consent that Mr. weapons falling into the hands of ter- the security of our troops and our citi- Berger’s letter be printed in the rorists, or being used as a weapon of zens. RECORD at the conclusion of my re- war by a rogue state, has increased Now, a number of very serious con- marks. dramatically in recent years. cerns have been raised about the CWC. The PRESIDING OFFICER. Without One need only reflect on the dangers I myself have shared some of these con- objection, it is so ordered. faced by our military by Iraq’s incip- cerns. I will not speak to every criti- (See exhibit 1.) ient chemical weapons program during cism of the treaty, but I want to ad- Mrs. FEINSTEIN. Mr. Berger makes the gulf war, or the tragedies our Na- dress some of these concerns now, be- clear that paragraph 7 of Article X, tion has suffered with the bombing of cause I believe very solid answers have which spells out the obligations of the World Trade Center, the Federal been provided to virtually all of them. States Parties to assist others threat- building in Oklahoma City, and the Verification: Critics of the CWC have ened by chemical weapons, would re- Olympic Park in Atlanta, to fully ap- complained that it is not verifiable, quire the United States to provide preciate the dangers posed by the pro- and that it will be easy for nations who nothing more than medical antidotes liferation of chemical weapons. In each sign up to the treaty to cheat without and treatments to any state we deemed of these cases, the tragedy and loss of getting caught. unreliable. We have the option to pro- life could have been magnified signifi- We must start with the proposition vide more advanced assistance to those cantly had chemical weapons been that no arms control agreement is 100- nations we trust, but no obligation. used. percent verifiable. But with the CWC, The administration is so comfortable The people of Japan know this first- we will know far more about who is with this reading of the treaty, that, in hand. The deadly sarin gas attack car- trying to develop chemical weapons, their negotiations with Senator HELMS S3582 CONGRESSIONAL RECORD — SENATE April 24, 1997 and with the Majority Leader’s task effect are fully consistent with the the treaty, or set up unachievable force on the CWC, they have agreed to CWC. In addition, our allies in the Aus- goals that must be met for us to de- a binding condition (number 15) that tralia Group, all 28 of them, have posit our instruments of ratification. would ensure that the United States pledged to maintain all existing multi- They should all be defeated. will not provide any assistance other lateral export controls, which they Let me briefly address each of these than medical assistance to any rogue agree are fully consistent with the killer conditions: nation that becomes a party to the CWC. Condition 29 would prohibit the Unit- treaty. Here again, the problem identified by ed States from ratifying the CWC until Another concern about Article X is critics of the CWC would actually be Russia ratifies it and takes a series of that paragraph 3, which calls for par- worse without the treaty. The CWC other actions to comply with past ties to ‘‘facilitate . . . the fullest pos- will allow us to better monitor chemi- agreements. sible exchange’’ of information and cal commerce that occurs today with- Besides holding United States foreign technology on protection against out our knowledge. It will also provide policy hostage to a group of hardliners chemical weapons, would require the the basis for further multilateral ef- in the Russian Duma, this condition ig- United States to share such equipment forts to control exports, above and be- nores the fact that the CWC provides with rogue nations who sign and ratify yond our own existing export controls precisely the tools that would be help- the treaty. and those of the Australia Group. ful in detecting Russian violations of The administration has made clear To address the concerns raised about this and past treaties. It also gives that the use of the words ‘‘facilitate’’ Article XI, the Administration has Russia an easy excuse to delay ratifica- and ‘‘possible’’ in this paragraph mean agreed to a binding condition (number tion itself. On the grounds of self-inter- that we will determine whether any 7) that the President must certify now est, this condition shoots ourselves in specific exchange is appropriate, and and on an annual basis that the Aus- the foot. Condition 30 would prohibit the Unit- we will not pursue those we deem inap- tralia Group is continuing to effec- ed States from ratifying the CWC until propriate. In making these decisions, tively control chemical exports and re- rogue states such as North Korea, we will do nothing to undermine our mains a viable mechanism for doing so. Libya, Syria, Iran, and Iraq have rati- national export controls. According to this condition, the With these assertions in hand, I am President must also certify that noth- fied it. By accepting this treaty, we allow these rogue regimes to set the satisfied that the United States will in ing in the CWC obligates the United standards of international conduct. It no way be obligated to provide chemi- States to weaken our own export con- is the equivalent of saying that we cal weapons technology to any nation trols, and that each member of the should not outlaw drug smuggling be- we deem to be untrustworthy. Australia Group remains committed to cause some people will still smuggle Some have also raised the concern maintaining current export controls. drugs. that Article X might induce other, less With this condition added to the res- By ratifying the CWC, the United conscientious nations, to supply rogue olution of ratification, I believe con- States will make it easier to forge states with defense technologies. But cerns about Article XI can be laid international coalitions aimed at there is nothing that prevents those aside. eliminating the chemical weapons pro- In fact, the negotiations between the sales from taking place today, with no grams of these regimes, even through Administration and Senator BIDEN on CWC in effect. military force when necessary. It will With the CWC, the countries who the one hand, and Senator HELMS and also set a standard for those nations to make exchanges allowed in Article X the Lott task force on the other, have meet if and when their current regimes are legally bound by the treaty’s over- been remarkably successful in address- are replaced by more responsible ones. riding principle, stated in Article I, ing the concerns that have been raised Condition 31 requires the United that they can do nothing to ‘‘assist, en- about the treaty. States to reject all CWC inspectors courage, or induce, in any way, anyone In all, 28 conditions have been agreed from countries like Iran and China. to engage in any activity prohibited to to in these negotiations, on subjects This condition is unnecessarily rigid. It a State Party under this Convention.’’ ranging from verification and Articles would prevent us from allowing suspect In addition, the CWC would provide X and XI, to Congressional preroga- states from seeing for themselves that us with far more ability to scrutinize tives in providing funding for the we are not violating the treaty. It any exchanges than we have today. The OPCW; the establishment of an inspec- would also certainly result in Amer- result is a net increase, not decrease, tor general at the OPCW; safeguards on ican inspectors being excluded from in- in our knowledge of defense exchanges intelligence sharing; the Senate’s role spections in these countries. with rogue nations, and our ability to in reviewing future treaty amend- A better approach would be to strike address any compliance concerns that ments; constitutional protections in this language and enact implementing may arise from these exchanges. the inspection of U.S. facilities; our legislation that would allow Congress a Cooperation on Chemical Tech- armed forces’ continued ability to use role in determining which inspectors nology: Another concern that has been non-lethal riot control agents, such as should be barred, which the CWC al- raised involves Article XI. Some have tear gas; and maintaining robust U.S. lows the United States to do on a case- suggested that Article XI, which deals chemical defense capabilities. by-case basis. with cooperation in chemical activities With all of these conditions agreed Condition 32 would prohibit the Unit- not prohibited by the treaty, would re- to, there are only five areas remaining ed States from ratifying the CWC until quire the United States to provide in dispute. One would think we were Article X is eliminated and Article XI other nations with access to our dual- near the point of a virtually unani- is amended. This is completely unreal- use technologies and manufacturing se- mous vote to ratify the CWC. istic and completely unnecessary. Arti- crets. Here again, the concern is un- And yet, we still hear charges that cles X and XI were included to reassure warranted. the administration is ‘‘stonewalling.’’ countries who signed the treaty that Article XI does aim to ensure that That is simply not the case. Far from they would not be prevented from de- parties to the treaty can conduct le- stonewalling, the administration has veloping chemical weapons defenses or gitimate chemical commerce, which is worked very hard to address the Sen- engaging in legitimate chemical com- reasonable. But in his April 22 letter, ate’s concerns. But it appears that merce. Mr. Berger explains that this article some people simply do not to want to None of the 160 nations who have does not require the United States, or take yes for an answer. signed or 74 nations that have ratified any U.S. company, to provide any con- And so, we have five conditions in the treaty will agree to renegotiate fidential business information to any this resolution of ratification which these provisions at the eleventh hour. foreign party. the Administration has identified as It will simply result in our exclusion As to the concern that Article XI will ‘‘killer’’ conditions. These conditions from the CWC—which is clearly the in- undercut export controls, indeed, the would make our ratification of this tent. reverse is true. Mr. Berger makes clear treaty meaningless, because they As Gen. Brent Scowcroft, National that the all U.S. export controls now in would either gut central provisions of Security Adviser to President Bush, April 24, 1997 CONGRESSIONAL RECORD — SENATE S3583 testified before the Foreign Relations Our failure to ratify this treaty crets with other countries. Such an interpre- Committee on April 9, 1997: ‘‘Starting would be a grave mistake. The treaty tation is totally at odds with the plain lan- over. . .is pure fantasy. If we reject will enter into force on April 29, with guage of the treaty. It also defies logic to suggest that a treaty expressly devoted to this treaty, we will incur the bitterness or without us. This is the only treaty eliminating chemical weapons somehow re- of all our friends and allies who fol- that there is, and it requires U.S. lead- quires its parties to facilitate the spread of lowed us for 10 years in putting this ership to make it work. Only by being chemical weapons. thing together. . . The idea that we a party to this convention can we First, Article XI is explicitly subject to the can lead out again down a different make it function to its fullest possible fundamental ban in Article I on assisting path I think is just not in the cards. We extent. anyone in acquiring chemical weapons. have got to deal with the situation we I believe every Member on this side Moreover, in order to reinforce the treaty’s constraints against the transfer of dangerous face now, not an ideal one out in the of the aisle supports this treaty. I urge technology, the President has committed in future.’’ my Republican colleagues to vote for agreed condition #7 in the Resolution of The concerns raised about Articles X ratification, after voting to strike the Ratification to obtain official assurances and XI—which I shared—have been five killer amendments. from our Australia Group partners at the more than adequately addressed by the EXHIBIT 1 highest diplomatic levels that Article XI is fully consistent with maintaining strict ex- agreed conditions. This is what I mean THE WHITE HOUSE, port controls on dangerous chemicals and about not wanting to take yes for an Washington, April 22, 1997. answer. that they are committed to ensuring the Hon. DIANNE FEINSTEIN, Group remains an effective mechanism for Condition 33 would prevent the U.S. U.S. Senate, dealing with CW proliferation. I would note from ratifying the treaty unless the Washington, DC. that this condition also requires annual cer- President can certify with ‘‘high con- DEAR SENATOR FEINSTEIN: I am pleased tification. fidence’’ that we would be able to de- that we were able to talk last week about Second, with the CWC the countries under- tect the production or storage of a sin- ratification of the Chemical Weapons Con- taking exchanges are legally bound by the vention, including the concerns which have fundamental obligations in Article I. As Ron gle metric ton of chemical agent. been raised about Articles X and XI of the This is an absurdly high standard. Lehman, former Arms Control Director treaty. I would like to take the opportunity under President Bush, recently stated in tes- The intelligence community has con- to elaborate further on these issues and set timony before the Senate Foreign Relations sistently said it could detect ‘‘mili- the record straight. Committee: ‘‘We made it very clear through- tarily significant’’ cheating, but the Regarding Article X, concern has been ex- out the negotiations that all of this was sub- production of one ton of agent does not pressed that this provision might force us or ject to Article I, which is the fundamental qualify. other treaty parties to share advanced chem- obligation not to assist. . . . But the most But the tools created by the CWC ical defense technologies and equipment important, I think, telling fact in support of will only enhance our abilities to de- with rogue nations like Iran and to assist in the U.S. interpretation is the fact that after the development of CW defense capabilities. tect these violations. It would be fool- the Convention was done so many of the This simply is not the case. usual list of suspects were so unhappy that ish to kill the treaty with a condition First, only countries that have joined the they did not get what they wanted in these like this that makes the perfect the CWC and renounced CW can request assist- provisions.’’ enemy of the good. This condition is ance and only then if they are threatened or I would note, in conclusion, that renegoti- not about verification—it is about kill- attacked with CW. Indeed, the very purpose ation of Articles X and XI of the CWC, as the ing the treaty. of Article X is to encourage countries to join Helms condition (#32) in the Resolution of Tomorrow, each of these five amend- the CWC and eliminate their CW programs Ratification would require, is not a realistic ments will be subject to a motion to by providing an assurance of international option. This treaty was intensively nego- assistance in the event that they are threat- tiated for more than 10 years. It has been strike. Failing to strike them would be ened or attacked with CW by a non-party. signed by 162 countries and ratified by 74. As tantamount to killing the treaty. I For states in good standing under the CWC Brent Scowcroft recently testified, ‘‘Starting urge my colleagues to vote for each that do qualify for Article X aid, there is no over . . . is pure fantasy. If we reject this motion to strike. Those who do not are requirement to provide high tech defenses or treaty, we will incur the bitterness of all of essentially voting against ratification even gas masks. The obligation to assist can our friends and allies who followed us for 10 of the entire CWC. be satisfied with medical or humanitarian years in putting this together . . . the idea Mr. President, I think this debate aid. Indeed, the President has committed in that we can lead out again down a different really comes down to whether or not an agreed condition on the Resolution of path I think is just not in the cards. We have one supports international arms con- Ratification (Condition #15) that the United got to deal with the situation we face now, States will only give medical help to certain not an ideal one out in the future.’’ This is trol agreements. Many of the criti- countries of concern, such as Iran or Cuba, why the Senate must vote to strike this cisms of the CWC—such as that it under Article X. Helms Condition. would lull us to sleep, or that it is not Second, with regard to the actions of other I hope this information facilitates the Sen- verifiable—were levied against all pre- states, let me point out that countries con- ate’s consideration of the CWC and look for- vious successful arms control treaties, templating any exchanges under Article X ward to a successful vote in the coming days. such as the Nuclear Non-Proliferation are legally bound by the fundamental obliga- Sincerely, Treaty, and the START treaty. tion in Article I of the treaty never ‘‘to as- SAMUEL R. BERGER, Assistant to the President for Those who worry that the United sist, encourage or induce in any way anyone to engage in any activity prohibited’’ under National Security Affairs. States will weaken its vigilance in our the Convention. This means that all relevant The PRESIDING OFFICER. Who efforts to guard against the threat of transfers must be subject to very close scru- yields time? chemical weapons have actually done tiny, especially with countries whose com- Mr. HELMS. Mr. President, I suggest us a service. I believe the intensity of pliance may be in doubt. We will use every the absence of a quorum. this debate has helped to ensure that instrument of U.S. diplomacy and leverage The PRESIDING OFFICER. The we will never allow ourselves to believe at our disposal to ensure that transfers do not occur which could undermine U.S. na- clerk will call the roll. The time will that the treaty by itself is enough. We be equally divided. will follow the course that President tional security interests, including the extensive verification and compliance provi- The legislative clerk proceeded to Reagan did—a strong national defense sions in the Convention. As Secretary Cohen call the roll. and arms control agreements with ver- said on ‘‘Meet the Press’’ on Sunday, we will Mr. BIDEN. Mr. President, I ask ification. be in a much better position to do this if we unanimous consent that the order for The CWC is not a panacea, and none are inside the treaty rather than outside. the quorum call be rescinded. of its proponents believes it is. It will Frankly, other countries will have little in- The PRESIDING OFFICER. Without not by itself banish chemical weapons centive to work with us to ensure that inap- objection, it is so ordered. propriate transfers do not occur if we have from the earth, but it would result in AMENDMENT NO. 47 not ratified ourselves. the destruction of much of the world’s (Purpose: To strike condition no. 30, relating chemical weapons stocks, and provide Article XI encourages free trade in non- prohibited chemicals among States that join to chemical weapons in other states) us with a valuable set of tools that the CWC and renounce any CW capability. Mr. BIDEN. Mr. President, I send an would significantly strengthen our Some have charged that this provision might amendment to the desk. ability to monitor and defend against force us or our chemical industry to share The PRESIDING OFFICER. The the threat of chemical weapons. dual-use technologies and manufacturing se- clerk will report. S3584 CONGRESSIONAL RECORD — SENATE April 24, 1997 The legislative clerk read as follows: will be people out there who will con- The truth of the matter is that they The Senator from Delaware [Mr. BIDEN] tinue to produce chemical weapons, or will not do a thing in the world to help proposes an amendment numbered 47. who will cheat, is a little bit like say- the situation because the Chemical On page 63, strike lines 8 through 20. ing we should not have laws because Weapons treaty—Convention, as it has Mr. BIDEN. Mr. President, this is people will break them. We should not been called—is not a comprehensive condition No. 30. As was indicated at have laws against murder because we ban. This treaty contributes to the na- the outset of the unanimous-consent know people are going to murder peo- tional security of the United States agreement, the Senate has now agreed ple. So have no laws against murder. and the American people, and that is to 28 of the 33 conditions that were at- The point is that today there is noth- what I am primarily interested in. tached to the treaty that is before us ing illegal—let’s get this straight— This treaty, it seems to me, must at today. under international law about produc- a minimum affect those countries pos- As I indicated at that time that I ing chemical weapons, developing sessing chemical weapons which pose a would be moving to strike five of the chemical weapons, or stockpiling threat to the United States. Accord- conditions, any one of which—at least chemical weapons. The purported Liby- ingly, the United States should not be- four of which—if adopted, would essen- an chemical weapons program is com- come a party to this treaty—many tially vitiate the treaty; would make pletely legal today. The Iraqi chemical Senators feel—until those countries our ratification useless. stockpile is completely legal today. In are also participants. And no effort has They are killer amendments. This is fact, there is nothing in international been made to encourage them to come one of those amendments. Mr. Presi- law that prohibits the use of chemical in. We are standing alone, and they are dent, condition No. 30 would hold hos- weapons internally. Like Saddam Hus- going to go about their little deviltry tage our joining the Chemical Weapons sein’s poison gas attack against the unmolested. Rogue states—like Iran, Convention to the condition that rogue Kurds within Iraq, there is nothing il- Iraq, Libya, Syria, and North Korea— states—several rogue states, such as legal about having or using these weap- clearly represent a threat to United Iraq, Libya and North Korea—would ons in your own country. That will States security and the security of key have to sign and ratify the treaty be- change once the CWC is in force. United States allies. And not one of fore we became party to the treaty. To quote Gen. Colin Powell, ‘‘For us these countries has ratified the CWC, This has a very perverse impact. The to reject this treaty now because there and not one of them is likely to ratify. first impact is we wouldn’t be in the are rogue states outside that treaty is First, the intelligence people in our treaty. We would not have ratified the the equivalent of saying that we should own country—we call it the intel- treaty, if we ratified this condition. not have joined NATO because Russia ligence community—reported that all Second, it has a perverse impact. It wasn’t part of NATO.’’ That is former of these governments have active ag- would prevent the United States from Chairman of the Joint Chiefs Colin gressive programs to develop and participating in the convention until a Powell—not me. produce chemical weapons. band of 2-bit regimes that specialize in This treaty will establish standards In March 1995, I believe it was, re- flaunting norms of civilized behavior by which to judge others. If it is vio- garding the nonproliferation treaty, decide for us when we should be a mem- lated—that is, if the treaty is violated the Central Intelligence Agency re- ber of this treaty. Seventy-four nations —it will provide the basis for harsh ac- leased an unclassified estimate that have already signed onto it. tion to punish and bring violators into gave a troubling assessment of the This condition turns the present compliance. The opponents will say likely impact that the CWC would have global arrangement on its head. In- that norms are meaningless unless upon the proliferation of chemical stead of the civilized nations of the there is a will to enforce those norms. weapons. world setting the rules, this condition They are right. But on that point, I This report said: effectively let’s the villains determine would point out that without a norm A number of states continue to pursue the the rules of the road and American pol- there is nothing to enforce. development or enhancement of a chemical icy. This condition ignores the critical The bottom line is this: With the weapons capability. Some states have chosen fact that regardless of what the rogue treaty we will have more tools and to pursue a chemical weapons capability be- states do, regardless of whether we join cause of relatively low cost, and the low greater flexibility to act against those technology required for chemical weapons the CWC, or not, we have decided uni- countries that threaten us and their production. Moreover, they believe that a laterally to destroy our chemical weap- neighbors. Should we choose military CWC ability can serve as both a deterrent to ons stockpile. action we would be able to justify it as enemy attack and as an enhancement of We will not use chemical weapons to a measure taken to enforce the terms their offensive military capability. respond to a chemical weapons attack. of a treaty to which we and 160 other I am quoting. The report says: That is a judgment our military and nations who are signatories—only 74 Currently, at least 15 countries have an of- our last Commander in Chief and this ratified—are parties. North Korea is fensive CWC program in some level of devel- one has made. Instead, we will rely on not. Libya is not. But 160 other nations opment, and the most aggressive chemical what General Schwarzkof said, and have signed, and we are going to say weapons programs are in Iran, Libya, and General Powell, General Shalikashvili, that we will not join unless North Syria. The CWC will continue to be a serious and others will rely upon our over- Korea joins. As Gen. Colin Powell said, threat for at least the remainder of this dec- whelming nonchemical military capa- ade despite a number of armaments control I am glad these folks weren’t around efforts, such as the Chemical Weapons Con- bilities to deter and retaliate against when NATO was starting up to say we vention. Several countries have expressed the use of chemical weapons. are not going to have NATO because concern, excluding Libya, Syria and Iraq, The best way to affect the behavior Russia can’t be a part. which have so far refused to sign the CWC, of these rogue states is to bring to bear Mr. President, I reserve the remain- and some CW-capable countries that have the combined weight of the civilized der of my time. I yield the floor. signed the treaty show no signs of ending nations of the world to isolate, sanc- The PRESIDING OFFICER. Who their programs. tion, and target those nations who yields time? That was our intelligence commu- would continue to produce chemical Mr. HELMS addressed the Chair. nity’s assessment of the situation as of weapons in defiance of the creation of The PRESIDING OFFICER. The 1995. this international norm. But, Mr. Chair recognizes the Senator from Mr. President, while the intent of the President, first we have to establish North Carolina. CWC is good, what it proposes is to cre- the norm. If the United States of Mr. HELMS. I thank the Chair. ate a global chemical weapons ban, and America says we will not join unless Mr. President, there is a lot of mis- it will not do any such thing. It simply the bad guys join, then there is no rea- understanding about this treaty. It has will not achieve any other of the goals. sonable prospect that such a norm will been advertised implicitly—not explic- Thirty percent of the countries with be established. itly, of course—as a cure-all; as an end chemical weapons programs, including As Secretary of State Madeleine to the perils of chemical warfare. And all of those with what is called aggres- Albright has noted, to say that we a lot of people think it will all be over, sive programs, have not yet signed the should not have a CWC because there and we will not have any more danger. treaty, let alone ratified it. Yet, these April 24, 1997 CONGRESSIONAL RECORD — SENATE S3585 countries have been and will continue perior conventional forces of the Unit- The text is very short, and I just want to be the paramount chemical weapons ed States and its allies. These coun- to quote it verbatim. It says: threat to the United States. tries continue to develop plans to use Prior to the deposit of the United States About 6 years ago, during Operation chemical weapons in the event of war, instrument of ratification, the President, in Desert Storm, the United States was so and we must remember I think, Mr. consultation with the Director of Central In- concerned about Iraq’s chemical weap- President, that each of these countries telligence, shall certify to the Congress that ons program that we focused a huge countries which have been determined to are state sponsors, Government spon- have offensive chemical weapons programs, percentage of long allied air attacks sors, of terrorism and may supply including Iran, Iraq, Syria, Libya, the Demo- upon Saddam Hussein’s chemical weap- chemical weapons to terrorist groups. cratic People’s Republic of Korea, China, and onry. A facility 65 miles north of Bagh- So when the CWC enters into force, all other countries determined to be state dad was the nucleus of Iraq’s chemical our troops will be no safer from chemi- sponsors of international terrorism have weapons program, and a priority target cal attacks than they are today be- ratified or otherwise acceded to the conven- during the early days of the gulf war. I cause the countries of greatest concern tion. was amazed then that no one seemed to have not acceded to this treaty. For Let me translate that into simple pay much attention. And I am amazed the CWC to offer any improvement, English. Under the terms of that condi- now that no one seems to remember however modest, to the national secution, we will hold ourselves hostage to General Schwarzkopf’s remarks during rity of the United States, it must at a the very outlaw, rogue states that we a press briefing at that time in Saudi minimum, I think, affect those coun- seek to control by passing this conven- Arabia. It was on February 27, 1991. tries with aggressive chemical weapons tion. Under the terms of that condi- Here is what he said: programs, those countries which have tion, we would in fact do nothing to The nightmare scenario for all of us would hostile intentions toward the United change the status quo. have been to go through the Iraqi tank bar- States and the American people. The distinguished chairman of the rier, get hung up in this breach right here I urge Senators, please, to oppose committee said we have to hold on to and then have the enemy artillery rain this motion to strike this key provi- this amendment and defeat the treaty chemical weapons on the troops that were in sion. essentially because Iraq, Iran, Libya, the gaggle, in the breach right here. Have the yeas and nays been ordered these countries have chemical weapons Pointing to specific points. on the motion? today. Well, if we do not pass this trea- Well, the point is this. That night- The PRESIDING OFFICER. They ty, nothing whatsoever will change mare scenario exists today since Iraq have not. with respect to the threat versus the has neither signed nor ratified this Mr. HELMS. I ask for the yeas and United States. Each and every one of treaty. nays. those countries will continue to Let us look at another rogue regime, The PRESIDING OFFICER. Is there produce and we will continue on the path that we have been on for some North Korea. On March 18, 1996, the Di- is a sufficient second? rector of the Defense Intelligence Is there a sufficient second? years which is destroy our chemical Agency, Lt. Gen. Patrick Hughes, for- There is a sufficient second. weapons stocks. Why? Because we have warded to me a DIA assessment of Mr. HELMS. I thank the Chair. decided, and appropriately I believe, North Korea’s military capabilities The PRESIDING OFFICER. Who that we do not need and do not intend to fight a war with chemical weapons. which underscored United States con- yields time? Now, this particular reservation has cern with the war-fighting uses to Mr. BIDEN. Mr. President, I yield the a noble objective. I do not think any of which chemical weapons can be put. distinguished Senator from Massachu- us would argue, the real objective is to Now, according to that study, and I setts up to 10 minutes. get those rogue states to get rid of am quoting, ‘‘In any attack on the The PRESIDING OFFICER. The their chemical weapons. We are all in South, P’yongyang could use chemical Chair recognizes the Senator from Mas- favor of that, if that is the real objec- weapons to attack forces deployed near sachusetts for 10 minutes. tive. But I respectfully suggest the real the DMZ, suppress allied air power and Mr. KERRY. I thank the Chair. I objective is to come around through isolate the peninsula from strategic re- thank the distinguished minority man- the back door and do through the back inforcements.’’ ager. door what they may not be able to do Now, in boasting that this treaty will We have now finally arrived at the through the front door. There is no make American soldiers free from the first of a series of real confrontations Senator in this Chamber who does not threat of chemical weapons, the admin- on this treaty, and we will vote shortly hope that Iran, Iraq, Syria, Libya, istration either has forgotten or delib- on this striking of the first reserva- North Korea, China, Cuba, and Sudan, erately ignored the fact that North tion. It really is not possible to over- in fact, every nation on Earth, is going Korea has neither signed nor ratified emphasize the importance of each of to someday ratify the CWC. If that was the CWC and the threat posed by North these votes. There are four votes, each the case or it was about to happen or Korea and Iraq and others here. Now of which would cripple this treaty. If had happened, there would be a lot less over 30,000 United States troops face there are 100 Members of the Senate concern about how we are going to go North Korean troops armed and exten- prepared to vote for this treaty—and about clarifying, inspecting, or chal- sively trained with chemical weapons. we know there are not—but if there lenging during the course of this trea- Key airfields and ports are within were and we subsequently were to ty. But that is not the case. There is striking distance of North Korean mis- adopt one of these reservations, those not one of those Senators who has siles, and with just a handful of chemi- 100 votes would be absolutely meaning- drafted this resolution who can look cal weapons North Korea could force less because we would have denied our- any other Senator in the eye in this United States aircraft to withdraw selves the capacity for this treaty to go Chamber and say today that they be- from the Korean Peninsula to Japan, into effect if we do not strike these res- lieve that any of those rogue states are and in fact in the near future North ervations. about to ratify tomorrow, the next Korea may be even able to strike air The fact is that the United States day, or the next day. That is not going bases in Japan with chemical muni- would be simply unable to ratify now to come as any surprise to anybody tions. Without air support and rein- or at any time in the immediate fu- here in the Chamber, Mr. President. forcement, our ground forces and our ture, and quite possibly never, if the ef- There is not one who would do that. South Korean allies would be over- fort to strike any one of these four In fact, during most of the 10 years whelmed within days. fails. That is the gravity of what we during which the Reagan administra- The threat to the United States are going to be doing in this Chamber tion and the Bush administration nego- forces in the Persian Gulf being rotated in the course of this afternoon. tiated over exhausting amounts of time from Iran and Iraq is no less troubling, The first of these conditions, condi- and developed this treaty, they devel- Mr. President. The bottom line, I tion 30, which the Senator from Dela- oped it to structure sanctions that guess, is that rogue states—if you will ware has ably discussed, has been would apply to trade in chemicals con- look at the chart—see chemical weap- called, somewhat antiseptically, ducted by nations that do not ratify ons as the best means to offset the su- ‘‘Chemical Weapons in Other States.’’ the treaty. S3586 CONGRESSIONAL RECORD — SENATE April 24, 1997 Let me be clear about that. The pri- are we better off with this treaty in [From the Washington Post, Mar. 5, 1997] mary purpose of the strict require- terms of protecting our security inter- NO TO THE CHEMICAL ARMS TREATY ments for challenge inspection and the ests by being part of the convention, (By James Schlesinger, Caspar Weinberger, process of tracking precursor chemi- within its organization able to change and Donald Rumsfeld) cals is not necessarily to keep track of it, which has already been ratified by The phrase ‘‘damning with faint praise’’ is the people that we know are going to 74 nations and signed by over 160? If we given new meaning by the op-ed by Brent live up to this treaty. It is precisely to fail to ratify, or if we fail to ratify by Scowcroft and John Deutch on the Chemical keep track of the people that are most not taking out this reservation, then Weapons Convention [‘‘End the Chemical likely to break the treaty, and every where are we? We have joined the out- Weapons Business,’’ Feb. 11]. In it, the authors concede virtually every criticism made one of the experts has suggested that law nations. We will have joined the by those who oppose this controversial trea- with respect to the rogue states you very nations that we want most to af- ty in its present form. are better off having that tracking fect the behavior of. They acknowledge the legitimacy of key process, the declarations of sales, the I think it is important to note that concerns about the Convention: its essential ability to be able to track the finger- some of our most respected voices in unverifiability; its lack of global coverage; print of chemicals through the globe in this country with respect to military the prospect that it will inhibit non-lethal order to be able to hold those countries use of chemicals, including tear gas; and its affairs and national security affairs mandating the transfer of militarily rel- accountable. have all agreed that it is significant for evant chemical offensive and defensive tech- That is the purpose of this treaty. So the United States to be able to not nology to untrustworthy countries that be- we have sort of a double negative here. align itself with those nations. General come parties. It is our view that these prob- If we allowed this particular reserva- Schwarzkopf said: lems are inherent in the present treaty. Take, for example, Scowcroft and Deutch’s tion to stand, not only would we hold I am very, very much in favor of the ratifi- warning against cutting investment in chem- ourselves hostage to the very countries cation of the treaty. that we want to have eliminate the ical defensive measures. Unfortunately, trea- weapons, but we also would eliminate And he said: ties such as the Chemical Weapons Conven- the means that we have created to be We don’t need chemical weapons to fight tion (CWC)—which promise to reduce the our future wars. And frankly, by not ratify- menace posed by weapons of mass destruc- able to get them to eliminate those tion but which cannot do so—inevitably tend weapons. ing that treaty, we align ourselves with nations like Libya and North Korea and I to diminish the perceived need and therefore So, Mr. President, I respectfully sug- would just as soon not be associated with the support for defenses against such gest this treaty was negotiated and those thugs in this particular measure. threats. crafted precisely to apply the pressure In fact, in December 1995, the then-vice of world opinion, the diplomatic pres- I think that is a pretty strong state- chairman of the Joint Chiefs of Staff rec- sure, the economic pressure on the re- ment about precisely what this res- ommended a reduction of more than $800 mil- calcitrant nations whose leadership ervation would have the effect of doing. lion in investment on chemical defenses in General Powell, who has already been anticipation of the Convention’s coming into flaunts the civilized norm. force. If past experience is a guide, there The Senator from North Carolina is quoted by my colleague, made it very clear that we should not do this and might also be a reduction in the priority ac- absolutely correct. These nations do corded to monitoring emerging chemical have these materials. These nations made the analogy to NATO, to our not weapons threats, notwithstanding Scowcroft will, I am convinced, in a number of joining NATO simply because Russia and Deutch’s call for improvements in our cases continue to produce them. But was not a member. ability to track chemical weapons develop- the issue is how you best try to pres- The PRESIDING OFFICER. The Sen- ments. sure them to reform their behavior. ator’s time has expired. Scowcroft and Deutch correctly warn that Mr. BIDEN. I yield my colleague an- the ‘‘CWC [must] not [be] exploited to facili- How do you make it as difficult as pos- tate the diffusion of CWC-specific tech- sible for those nations to do that? How other 30 seconds. nology, equipment and material—even to do you isolate them in the greatest Mr. KERRY. Former Assistant to signatory states.’’ The trouble is that the manner possible? Plainly speaking, the President Reagan and Secretary of Chemical Weapons Convention explicitly ob- authors of this amendment have to State Jim Baker said: ligates member states to facilitate such transfers, even though these items are read- know the distinction between having Some have argued that we shouldn’t com- ily exploitable for military purposes. What is those mechanisms in place, which the mit to the treaty because states like Libya, more, the treaty commits member states not Defense Department and others have Iraq and North Korea, which have not signed to observe any agreements, whether multi- it, will still be able to continue their efforts all said will help them more to be able lateral or unilateral, that would restrict to acquire chemical weapons. This is obvi- to do the tracking, than not to have these transfers. ously true, but the convention, which will go them. In short, we believe that the problems with into effect in April whether or not we ratify I want to emphasize also that there the Chemical Weapons Convention in these it, will make it more difficult for those and other areas that have been identified by is an irony in this because some of the states to do so by prohibiting the sale of ma- Brent Scowcroft and John Deutch clearly people who are advocating that we wait terials to nonmembers that can be used to demonstrate that this treaty would be con- until the rogue nations turn around make chemical weapons. and change their mind are, frankly, the trary to U.S. security interests. Moreover, in He said: our view these serious problems undercut the very same people who usually say It makes no sense to argue that because of argument that the CWC’s ‘‘imperfect con- never give up any sovereignty of the straints’’ are better than no constraints at United States to another nation. Here a few pariah states refusing to join the convention, the United States should line up all. we are turning over the entire sov- with them rather than the rest of the world. The CWC would likely have the effect of ereignty of the United States to make leaving the United States and its allies a decision in our best interests to the This is a bipartisan sentiment, Mr. more, not less, vulnerable to chemical at- very rogue states that have indicated President, and I hope the Senate will tack. It could well serve to increase, not re- already no willingness to try to adhere recognize the gravity of the vote we duce, the spread of chemical weapons manufacturing capabilities. Thus we would be bet- to these standards. are about to take. The PRESIDING OFFICER (Mr. ter off not to be party to it. Second, the condition either fails to Notably, if the United States is not a CWC recognize or ignores purposefully the KEMPTHORNE). Who yields time? The member state, the danger is lessened that reality that at midnight of next Tues- Senator from North Carolina. American intelligence about ongoing foreign day, April 29, no matter what the Sen- Mr. HELMS. I have here, Mr. Presi- chemical weapons programs will be dumbed ate does today, the Chemical Weapons dent, a group of editorial comments, down or otherwise compromised. This has Convention takes effect with or with- making, as Sam Ervin used to say, un- happened in the past when enforcement of a out U.S. participation. common good sense, in opposition to violated agreement was held to be a greater So the question of whether or not this treaty. I ask unanimous consent threat to an arms control regime than was noncompliance by another party. The United they be printed in the RECORD. this convention is foolproof, is abso- States and the international community lutely the best convention in the There being no objection, the edi- have been unwilling to enforce the far more world, really begs the issue. The real torials were ordered to be printed in easily verified 1925 Geneva Convention ban- question before the United States is the RECORD, as follows: ning the use of chemical weapons—even in April 24, 1997 CONGRESSIONAL RECORD — SENATE S3587 the face of repeated and well-documented perience. It is an attempt to reform the One of the important things separating violations by Saddam Hussein. What likeli- world by collecting signatures. Some of the Reaganite internationalism from the more hood is there that we would be any more in- most dangerous nations—Iraq, Syria, Libya, starry-eyed Wilsonian version is the under- sistent when it comes to far less verifiable and North Korea—have not ratified the con- standing that treaties must reflect reality, bans on production and stockpiling of such vention and, for all we know, never will. not hope. The Chemical Weapons Convention weapons? Some of the nations that are signatories, turns the clock back to the kind of Wil- As a non-party, the United States would like Russia, China, Iran, and Cuba, are mani- sonian thinking characteristic of the Carter also remain free to oppose dangerous ideas festly unreliable and are already looking for administration. It is unfortunate that among such as providing state-of-the-art chemical ways to circumvent the convention’s provi- its strongest backers are some prominent manufacturing facilities and defensive equip- sions. Republicans who have served in key foreign- ment to international pariahs such as Iran The convention’s most prominent Amer- policy positions. It is true that the origins of and Cuba. And the United States would be ican defenders admit that the agreement is the Chemical Weapons Convention date back less likely to reduce investment in chemical probably not verifiable. And it isn’t. Chemi- to the Reagan years, and the convention was protective capabilities, out of a false sense of cal weapons can be produced in small but carried to fruition by the Bush administra- security arising from participation in the deadly amounts in tiny makeshift laboration. But let’s be candid. In the Reagan CWC. tories. The nerve gas used by terrorists to years, the treaty was mostly a sop to liberals In addition, if the United States is not a poison subway riders in Japan in 1995, for in- in Congress, an attempt to pick up some CWC party, American taxpayers will not be stance, was produced in a 14 ft.-by-8 ft. room. points for an arms control measure at a time asked to bear the substantial annual costs of No one in the American intelligence commu- when Reagan was trying to win on more im- our participating in a multilateral regime nity believes we would be able to monitor portant issues like the defense buildup and that will not ‘‘end the chemical weapons compliance with an international chemical the Strategic Defense Initiative. And Presi- weapons regime with any reasonable degree business’’ in countries of concern. (By some dent Bush pushed the treaty in no small part of confidence. estimates, these costs would be over $200 because he had disliked having to cast a tie- The Washington Post opines that these million per year.) Similarly, U.S. citizens failings in the convention—the very fact breaking vote in the Senate as vice president and companies will be spared the burdens as- ‘‘that the coverage of this treaty falls short in favor of building chemical weapons. Re- sociated with reporting and inspection ar- and that enforcement is uncertain’’—are ac- publicans today are under no obligation to rangements that might involve unreasonable tually arguments for ratifying it. Presum- carry out the mistakes of their predecessors. searches and seizures, could jeopardize con- ably, signature of a flawed treaty will make In one respect, the debate over the Chemi- fidential business information and yet could all of us work harder to perfect it. cal Weapons Convention calls to mind the not ensure that other nations—and espe- Great. struggle for the party’s soul waged in the cially rogue states—no longer have chemical At the end of the day, the strongest argu- 1970s between Kissingerian de´tente-niks on weapons programs. ment proponents of ratification can offer is one side and the insurgent forces led by Ron- Against these advantages of nonparticipa- that, whatever a treaty’s manifest flaws, it ald Reagan on the other. Back then, conserv- tion, the purported down-sides seem rel- is better to have one than not to have one. ative Republicans like Senate majority lead- atively inconsequential. First, whether Rus- How could it be bad to have a treaty outlaw- er Trent Lott knew without hesitation where sia actually eliminates its immense chemi- ing production of chemical weapons, no mat- they stood. They should stand where they cal arsenal is unlikely to hinge upon our par- ter how full of holes it may be? stood before, foursquare with the ideas that ticipating in the CWC. Indeed, Moscow is Well, actually, such a treaty could be helped win the Cold War, and against the now actively creating new chemical agents worse than no treaty at all. We have pretty Chemical Weapons Convention. that would circumvent and effectively defeat good evidence from the bloody history of this the treaty’s constraints. century that treaties like the Chemical [From the Arizona Republic, Mar. 9, 1997] Second, the preponderance of trade in Weapons Convention—treaties that are more CHEMICAL PACT chemicals would be unaffected by the CWC’s hortatory than mandatory, that express good SAY NO TO THIS TREATY limitations, making the impact of remaining intentions more than they require any ac- Make no mistake about it. outside the treaty regime, if any, fairly mod- tions to back up those intentions—can do Those were the words of President Bill est on American manufacturers. more harm than good. They are part of a Clinton, referring to the Chemical Weapons Finally, if the United States declines to psychological process of evasion and avoid- Convention in his State of the Union ad- join the present Chemical Weapons Conven- ance of tough choices. The truth is, the best dress. tion, it is academic whether implementing way of controlling chemical weapons pro- He said ratification of the CWC ‘‘will make arrangements are drawn up by others or not. liferation could be for the United States to our troops safer from chemical attack . . . In the event the United States does decide to bomb a Libyan chemical weapons factory. we have no more important obligations, es- become a party at a later date—perhaps after But that is the kind of difficult decision pecially in the wake of what we now know improvements are made to enhance the trea- for an American president that the Chemical about the Gulf War.’’ ty’s effectiveness—it is hard to believe that Weapons Convention does nothing to facili- Although all civilized nations can embrace its preferences regarding implementing ar- tate. Indeed, the existence of a chemical the notion of eliminating chemical weapons, rangements would not be given considerable weapons treaty would make it less likely it would, nevertheless, be a mistake to ratify weight. This is particularly true since the that a president would order such strong uni- the CWC, signed by more than 160 nations— United States would then be asked to bear 25 lateral action, since he would be bound to including the United States during the Bush percent of the implementing organization’s turn over evidence of a violation to the administration. budget. international lawyers and diplomats and The treaty requires the destruction of There is no way to ‘‘end the chemical wait for their investigation and concurrence. chemical weapons that signatories to the weapons business’’ by fiat. The price of at- And as Richard Perle has recently noted, treaty own or possess, or weapons anywhere tempting to do so with the present treaty is even after Saddam Hussein used chemical under their jurisdiction; the destruction of unacceptably high, and the cost of the illu- weapons in flagrant violation of an existing chemical weapons abandoned on the terri- sion it creates might be higher still. prohibition against their use, the international bureaucrats responsible for mon- tory of another state; the destruction of chemical-weapons production facilities; the [From the Weekly Standard, Mar. 24, 1997] itoring these matters could not bring themselves to denounce Iraq by name. In the end, prohibition of riot-control agents as a meth- JUST SAY NO TO A BAD TREATY it would be easier for a president to order an od of warfare—all reasonable and worthy The United States Senate must decide by air strike than to get scores of nations to goals. April 28 whether to ratify the Chemical agree on naming one of their own an outlaw. Ever since 1675, when a French-German Weapons Convention. The press, the pundits, The Chemical Weapons Convention is what agreement not to use poison bullets was con- and the Clinton administration have treated Peter Rodman calls ‘‘junk arms control,’’ cluded in Strasbourg, nations have struggled the debate over the treaty as another in a se- and not the least of its many drawbacks is with how to limit the terribly destructive ries of battles between ‘‘internationalists’’ that it gives effective arms control a bad nature of chemical weapons, though none of and ‘‘isolationists’’ in the new, post-Cold name. Effective treaties codify decisions na- the subsequent international agreements War era. tions have already made: to end a war on prevented the use of chemical weapons by It isn’t. What we really have here is the certain terms, for instance, or to define fish- warring factions. continuation of one of this century’s most ing rights. Because they reflect the will of In the 1980s, Iraq used chemical weapons, enduring disputes. In the first camp are the the parties, moreover, the parties themselves including nerve gas, against Iran, clearly high priests of arms control theology, who don’t raise obstacles to verification. violating the 1925 Geneva Protocol. But an have never met an international agreement But treaties whose purpose is to rope in international conference in Paris failed to they didn’t like. In the second camp are rogue nations that have not consented, or enforce or fortify the Geneva Protocol, prov- those who take a more skeptical view of re- whose consent is widely understood to be ing the difficulty is not a lack of law, but the lying on a piece of watermarked, signed cynical and disingenuous, are something else failure to enforce it. parchment for safety in a dangerous world. again. They are based on a worldview that is Under terms of the CWC, for the first time The case for ratifying the Chemical Weap- at best foolishly optimistic and at worst pain U.S. history, private industry will be sub- ons Convention is a triumph of hope over ex- tronizing and deluded. ject to foreign inspection, with inspectors S3588 CONGRESSIONAL RECORD — SENATE April 24, 1997 being dispatched from an agency based in the goes into effect with or without U.S. ratifi- [From the Washington Times, Mar. 4, 1997] Netherlands. In addition, businesses must cation. Despite Chicken Little warnings DON’T RUSH THE CHEMICAL WEAPONS TREATY prove to the U.S. government and inter- from the White House, there is no deadline George Bush, James Baker, Brent Scow- national inspectors that they are not produc- for ratification; the U.S. can join as a full croft—this is not exactly a lineup one would ing or stockpiling chemical weapons, with member at any time. expect to find on the side of the Clinton non-compliance fines reaching as high as Before a ratification vote, there is plenty White House. However, in the past few $50,000 per incident. of time for a vigorous, public examination. weeks, the administration has drawn upon Tucson’s Sundt Corp. estimates that ‘‘with The best place to start is with hearings, all available resources in the hope of prevail- five major offices/warehouses/shops in two which Foreign Relations Committee Chair- ing upon Congress to ratify the Chemical states, up to 35 job-site offices utilizing sub- man Helms has scheduled to begin on April 9. Weapons Convention—and to do it at once. A contractors and suppliers in eight states, the Senators, especially the 15 new ones who deadline of April 29 looms ominously on the complete and final determination of what we missed last year’s hearings, deserve a chance horizon, so we are told, by which time the have in the way of compounds and their de- to understand exactly what they are being treaty goes into effect, having already been rivative, the interactive relationships (with asked to vote on. At the moment the focus is ratified by the necessary 65 countries. If the the list of chemicals) could involve the cost on political maneuverings instead of where United States does not ratify by then, we of a chemist’s or consultant’s time amount- it should be: the content of the treaty. will be left out in the cold with other non- ing to $50,000–$100,000 per annum, not includ- For starters, Senator Helms could call the signing ne’er-do-wells, and the world will ing Sundt Corp.’s administrative time.’’ four former Defense Secretaries who ada- laugh at this failure of American leadership. Under the terms of the treaty, inspections mantly oppose the CWC: James Schlesinger, For heavens’ sake, this is a treaty the United may be conducted at any facility within a Donald Rumsfeld, Casper Weinberger and States itself negotiated! How can we possibly state party without probable cause, without Dick Cheney. Ask them about the treaty’s not ratify it? a warrant. Inspectors will be authorized verifiability, and they’ll tell you it’s impos- Hold the horses here. As critics of the trea- under the treaty to collect data and analyze sible. (So, for that matter, will the treaty’s ty including four past secretaries of defense samples. This could result in the loss of pro- supporters, whose best argument is that the have pointed out, it’s not at all clear that it prietary information, or ‘‘based upon the treaty is flawed, but we ought to sign it any- is in the interest of the United States to rat- depth of inspection, e.g. interviews with cor- way.) Douglas Feith, a Reagan Administra- ify the CWC, at least not until a number of porate personnel, employees, vendors, sub- tion chemical weapons negotiator, likens en- problems associated with it have been re- contractors; review of drawings, purchase or- forcement to a drunk searching for his keys solved. The famous deadline of April 29 is ba- ders, subcontracts; inspection and review of under a lamppost because that’s where the sically of the administration’s own making internal and external correspondence; we light is. Under the CWC, members could look and ought not intimidate anyone. Of the 65 feel that it could be difficult to safeguard for chemical weapons in New Zealand or the countries needed to trigger the treaty to confidential business information during Netherlands, but not in North Korea or take effect, the last one, Hungary, did so in this inspection,’’ says the Sundt Corp. Libya or Iraq, which have no intention of November, and only after consultation with The obligation to open on-site inspections joining. the White House, which told Budapest to go raises clear Fourth and Fifth Amendment The former Defense Secretaries could also ahead. concerns, inasmuch as no probable cause talk about Articles X and XI, which would In point of fact, as Michael Waller notes on need be shown while a foreign state will have require American chemical manufacturers to today’s Op-ed page, Russian Prime Minister the right to a challenge inspection of a U.S. share their latest technology with fellow sig- Victor Chernomyrdin specifically warned facility without the grounds that are essen- natories—including the likes of Iran and Vice President Gore in a letter against rush- tial for a search warrant. Cuba. Legal scholars could offer some ing the process with other countries before As Sen. Jon Kyl, R-Ariz., has pointed out, thoughts on the treaty’s requirement that ratification by the two most important sig- the CWC may actually contribute to the pro- American companies open their doors to sur- natories, Russia and the United States. Dis- liferation of chemical technology because of prise inspections as to whether that squares regarding Mr. Chernomyrdin’s warning, the its requirement that the United States share with the Constitution’s protection of prop- Clinton administration pressed ahead in information with rogue nations, once they erty rights and its ban on search and seizure. order to try to force the Senate’s hand. sign onto the CWC. CEOs could testify on the treaty’s regulatory President Clinton and Secretary of State Further, American technology that might burdens, not to mention the threat of indus- Madeleine Albright argue that non-ratifica- actually enhance the safety of U.S. troops— trial espionage as inspector-spies snoop tion by the United States by April 29 will such as non-lethal immobilizing agents— around their factories and troll through mean that we will be shut out from the re- could be prohibited if the Senate ratifies the their files. Intelligence experts could discuss gime’s executive board. This is highly un- convention in its present form. the impact on national security. likely to happen, especially given that the The forces on both sides of this issue in United States is being asked to pony up a Washington are men and women of good will. All this and more should emerge in hear- full 25 percent of the budget for enforcement. But the CWC is not a good deal for the Unit- ings. In recent days, Republicans and Demo- That’s $52 million this year. ed States. That is the message the Senate crats have come to agreement on 21 of 30 The fact of the matter is that the CWC should continue to send to Bill Clinton, in points of contention over the treaty. That may be in just as much trouble in the Senate unmistakable terms. progress (which comes after weeks of Admin- istration stonewalling, by the way) is on rel- now as it was back in the fall, when then- secretary of State Warren Christopher de- [From the Wall Street Journal, Apr. 1, 1997] atively minor issues and doesn’t extend to the key concerns on verifiability, constitu- cided to postpone the debate for lack of sup- THE BUM’S RUSH tionality or national security. The Adminis- port. For one thing, this Senate is more con- The debate over the Chemical Weapons tration would like nothing better than a per- servative than the previous one, and for an- Convention looks like it’s about to turn into functory day or two of hearings on these cru- other, numerous concerns have not been ad- a slugfest, notwithstanding last week’s spec- cial matters followed by a quick transfer to dressed. It redounds to the credit of Repub- tacle of Jesse Helms and Madeleine Albright the Senate floor for a vote billed as ‘‘for’’ or licans that they have declared themselves holding hands. Intimations of the battle to ‘‘against’’ poison gas. It should come as no willing to work with the administration to come were heard the week before last, when surprise if it doesn’t want Senators to take iron out these difficulties, but there is a very Democrats threatened to stall all Senate ac- too close a look: if they do, there’s a good long way to go. Sen. John Kyl of Arizona tions unless a ratification vote is scheduled. chance they might not like what they see. tells The Washington Times’ editorial page, The Administration, meanwhile, is hyping ‘‘I believe we have an obligation to try to get April 29 as the drop-dead date for ratification Mr. HELMS. I yield to the distin- as close as possible to making the treaty in the hope of getting the Senate to short- guished Senator from Arizona [Mr. workable. And we’ll see how far we can get.’’ change the ‘‘advise’’ part of its advise-and- KYL], such time as he may require. Mr. Kyl, however, points to some serious consent responsibilities and rush to a vote Does he have an estimate? problems. For one thing, it is not global. before it has a chance to review it properly. Mr. KYL. Mr. President, 10 minutes. Iran and Libya, for instance, have not Majority Leader Trent Lott, who hasn’t let Mr. HELMS. Take a shot at it. I want signed, and China and Russia have not ration how he will vote, is the point man here. fied it. Should we be concerned about chemi- How he handles the treaty’s passage through to be through along about 3:30, so we cal weapons in Belgium and Holland? Of the Senate will be an important test of his can vote. course not. They are not the problem. For leadership. While he has pleased Democrats The PRESIDING OFFICER. The Sen- another, the treaty is not adequately verifi- by promising to bring the treaty up when the ator from Arizona. able. Even the Clinton administration ad- Senate returns from recess in a few days, Mr. KYL. I also ask unanimous con- mits as much. And third, much like the that doesn’t mean that he’s going to ram a sent to have printed in the RECORD a Atoms for Peace program, it will spread the vote down the Senate’s throat, as the Ad- number of op-ed pieces. knowledge of a potentially lethal technology ministration hopes. Senator Lott is perfectly to countries that could make dangerous use capable of spotting a bum’s rush when he There being not objection, the mate- of it. Add to these concerns the huge regu- sees one, and he expressly made no promise rial was ordered to be printed in the latory burden the treaty will impose on for a vote before April 29, the date the treaty RECORD, as follows: American chemical companies, in effect an April 24, 1997 CONGRESSIONAL RECORD — SENATE S3589 unfunded mandate, as well as the constitu- ulations and would be compelled to open weapons scientists, Vladimir Ugiev, revealed tional problems with spot checks by inter- their records to foreign inspectors. Firms the existence of A–232—which he personally national inspectors. having nothing to do with chemical weap- developed—in an interview with the maga- There may be ways out of these problems ons—wineries, breweries, distilleries, food- zine Novoye Vremya in early 1994. And in without sending the treaty back to the draw- processing companies and manufacturers of May 1994 Mr. Mirzayanov wrote about A–232 ing board. One would be for the Senate ratifi- electronics and soaps—could be forced to re- and other substances in an article for this cation resolution (a document that accom- veal trade secrets to the inspectors, to the page. Along with these first-person accounts panies all international treaties ratified by benefit of foreign competitors. came additional revelations of both pro- the Senate) to posit a set of conditions that In its zeal to ratify the CWC, the adminis- grams in the Baltimore Sun and other publi- must be fulfilled before the United States tration has been distorting and even conceal- cations. formally joins the CWC regime. A creative ing vital information about the treaty. Writ- Backed by letters from Sens. Bill Bradley solution might be, for instance, to say that ten exchanges between key senators and the (D., N.J.) and Jesse Helms (R. N.C.), U.S. the CWC regulatory burden should not be im- executive branch show grave inconsistencies Ambassador Thomas Pickering held a Mos- posed on American companies at least until and worse in the selling of the CWC: cow news conference in January 1994 defend- such a time as the treaty has been ratified Verification questions ing Mr. Mirzayanov for ‘‘telling the truth by countries that are key to its effective- Many senators are worried that the U.S. about an activity which is contrary to treaty ness—say, Russia, China and Iran. lacks the capability to verify other coun- obligations.’’ Yet in Washington, officials On Friday, Senate Majority Leader Trent tries’ compliance with the CWC. This dis- kept silent. Only the embarrassment of last Lott informed administration negotiators quiet is fueled in part by the rather vague week’s Washington Times report has spurred that they will have to deal directly with the assessments by Arms Control and Disar- the administration to ask Russia to stop. staff of Sen. Jesse Helms’ Foreign Relations mament Agency Director John Holum and Weapons destruction Committee, which is indeed where the re- other officials, who repeatedly have reas- The U.S. and other nations have repeatedly sponsibility belongs. Mr. Helms has some sured the Senate that the CWC is ‘‘effec- offered to help Moscow destroy the tens of other issues outstanding with the adminis- tively verifiable.’’ Indeed, proponents say thousands of tons of declared chemical tration, including State Department reorga- CWC will provide an added tool for intel- agents in its arsenals. A legal base toward nization. If the CWC is truly as important as ligence collection. this goal in the 1990 Bilateral Destruction the White House claims it is, there’s little But intelligence reports demonstrate it is Agreement. Visiting Bonn last spring, Mr. time to be lost in getting the White House to insufficient, even though intelligence chiefs Holum of the Arms Control and Disar- work on the legitimate problems of this trea- have given the CWC their obligatory en- mament Agency learned that Moscow was ty. dorsement. In 1994, then-CIA Director R. planning to withdraw from the BDA, and James Woolsey told senators that ‘‘the wrote a May 21 cable to Washington with the [From the Wall Street Journal, Feb. 13, 1997 chemical-weapons problem is so difficult news. Lawmakers who asked to see the cable THE CHEMICAL WEAPONS COVERUP from an intelligence perspective that I can- were told for weeks that it did not exist. (By J. Michael Walker) not state that we have high confidence in Senate sources say. Sen. Jon Kyl (R., Ariz.), our ability to detect noncompliance, espe- a member of the Select Committee on Intel- President Clinton had hardly completed cially on a small scale.’’ And a May 1995 Na- ligence, wasn’t allowed to read the cable his first year in office when Sen. William tional Intelligence Estimate stated that pro- until the eve of the expected September rati- Cohen (R., Maine) suspected that the admin- duction of new classes of chemical weapons fication vote, when he was shown only a re- istration was covering up ominous Russian ‘‘would be difficult to detect and confirm as dacted version. military developments. Mr. Cohen intro- a CWC-sponsored activity.’’ duced legislation requiring the president ‘‘to Chernomyrdin letter to Gore tell us and the American people what the Clandestine production Russian Prime Minister Viktor Russian military was doing and what the im- Several countries—notably including Rus- Chernomyrdin sent a letter to Vice President plications were for American and Allied se- sia—maintain clandestine chemical weapon Al Gore on July 8, 1996, warning that if the curity.’’ The Pentagon made the information programs designed to elude detection. The CWC went into effect before Russia’s ratifi- available to Congress—but withheld it from administration virtually ignored reports of cation, Moscow probably wouldn’t ratify it. the public. Mr. Cohen complained that the Moscow’s continuing covert development The letter was faxed all around Washington, report ‘‘was classified from cover to cover, and production of binary nerve agents, and but when Sen. Helms, chairman of the For- even though much of the report did not war- made no visible attempt to induce Moscow to eign Relations Committee, asked the admin- rant being restricted by a security classifica- terminate the programs—until last week, istration for a copy, the administration clas- tion.’’ when the Washington Times made public a sified it. ‘‘Perhaps,’’ Mr. Cohen surmised in a speech classified Pentagon report. The report de- STRATEGY BACKFIRED scribed Foliant, the code name of a super- on the Senate floor, ‘‘the administration was The Clinton administration had hoped to secret program begun under the Soviets to worried about being embarrassed given its present the Senate with a fait accompli: develop nerve agents so lethal that micro- acquiescence to Russian military adven- that’s why it encouraged Hungary and other scopic amounts can kill. One of those sub- tures.’’ Whatever the reason, he said, ‘‘the nations to ratify the treaty and automati- stances is A–232 of the Novichok class of bi- decision to classify the report from the cover cally trigger its implementation. Yet the nary weapons, which were designed to cir- to cover has prevented Congress from con- White House strategy seems to have back- ducting a complete public debate about Rus- cumvent future bans on such agents. The Pentagon report says the chemical for- fired. After Hungary set the CWC in motion, sian actions and the administration’s policy the upper house of the Russian Parliament toward Russia, and it has prevented the mulas are not defined in the CWC lists. Therefore, Novichok weapons technically are voted down a long-awaited law that would American people from becoming fully in- establish the legal basis for chemical-weap- formed on these matters.’’ not banned under the treaty. The administration counters that they are banned ‘‘in ons destruction. Just as the administration EERILY RESONANT spirit,’’ but as with all its arms control began its new CWC sales pitch, the Pentagon Mr. Cohen’s criticisms of the administra- agreements, Moscow has been banking on was forced to explain why it had done noth- tion to which he now belongs seem eerily the technicality and the camouflage. ing for four years to convince Moscow to ter- resonant. The issue today is the administra- Russian military scientists and journalists minate its clandestine binary weapons pro- tion’s campaign to win Senate ratification of revealed the program, but Russian officials gram. And with former Sen. Cohen settling the Chemical Weapons Convention. Intended were not alone in trying to cover it up. The in at the Pentagon, others in the administra- to abolish all chemical weapons world-wide, leaked Pentagon report’s low level of classi- tion still hide behind their paper shield of se- the CWC contains many loopholes, legal dis- fication—secret as opposed to top secret— crecy. crepancies and weak enforcement mecha- suggests that protecting intelligence sources [From the Wall Street Journal, Feb. 19, 1997] nisms that render it ineffective. In particu- and methods was not the objective of the se- lar, there is every reason to believe that crecy. Rather, it appears the facts were sim- A DANGEROUS TREATY Russia has continued work to develop deadly ply too inconvenient for the administration’s Among the many good reasons why the new chemical weapons that would skirt the purposes. Senate should not ratify the Chemical Weap- treaty’s requirements. Nearly all the leaked information had ap- ons Convention is a substance known as A– Hungary recently became the 65th country peared in the press long before. In September 232. This highly lethal nerve agent was con- to ratify the CWC, tripping a mechanism 1992, Vil Mirzayanov, a dissident Russian sci- cocted by a Russian scientific team precisely that puts the treaty into effect April 29 with entist who worked for 26 years on the clan- for the purpose of circumventing the terms or without the ratification of Russia, China destine programs, wrote an article in Mos- of the CWC, which both the U.S. and Russia and the U.S. Thus the administration is cow News describing the existence and na- have signed but not yet ratified. A–232 would pushing hard for ratification by that date, ture of Novichok, and the specific intent to escape scrutiny under the treaty because it though it had put the CWC on hold last Sep- circumvent the CWC. More details emerged is made from agricultural and industrial tember over concerns that the CWC might over the next two years as authorities per- chemicals that aren’t deadly until they are unnecessarily burden U.S. industry. Amer- secuted—but never disputed—Mr. mixed and therefore don’t appear on the ican companies would be subject to new reg- Mirzayanov. One of Russia’s top binary CWC’s schedule of banned chemicals. S3590 CONGRESSIONAL RECORD — SENATE April 24, 1997 The world has known about A–232 since the weapons by 2004. That doesn’t mean the rest interests of the United States, I think May 1994 publication on this page of an arti- of the world shares any such commitment; at a minimum it must affect those cle by a Russian scientist, who warned how what possible peaceful purpose does Russia countries with aggressive chemical his colleagues were attempting to camou- have in the clandestine production of A–232? weapons programs and which have hos- flage their true mission. It is now the subject Instead of pushing a treaty that can’t ac- of a classified Pentagon paper, reported in complish its impossible goals, the Adminis- tile intentions toward the United the Washington Times earlier this month, on tration would be better advised to use its States. Let me just outline briefly who the eve of what is shaping up to be an esca- clout, rather than that of some planned U.N.- these—who some of these countries lation of the battle joined in September over style bureaucracy, in getting the Russians to are. ratification of the Chemical Weapons Con- stop making nerve gas. North Korea—North Korea’s program vention. It’s hard to find a wholehearted advocate involves the stockpiling of a large The Administration was forced to sound of the treaty. The gist of the messages from amount of nerve gas, blood agents, and the retreat then, pulling the treaty from most of its so-called champions is that it’s a mustard gas. And it is capable of pro- consideration when it became clear that the poor deal, but it’s the best on offer. But their Senate was preparing to vote it down. Now cases have acknowledged so many caveats ducing much more, according to our in- it’s trying again, this time in full cry about that it’s hard to see how they’ve reached telligence sources. Its armed forces the urgency for U.S. ratification before April such optimistic conclusions. The biggest have the ability to launch large-scale 29, the date it goes into effect. For now, Sen- danger of ratification is that it would simi- chemical attacks using mortars, artil- ator Jesse Helms has kept the treaty tied up larly lull the U.S. and other responsible na- lery, multiple rocket launchers, and in the Foreign Relations Committee, making tions into the false belief that they are tak- Scud missiles. And it is presently de- the sensible argument that the new Senate ing effective action against the threat of veloping a new generation of medium- ought first to focus on matters of higher pri- chemical weapons. The case for this treaty range ballistic missiles that will be ority than ramrodding through a controver- strains belief too far. sial treaty that merits careful deliberation. able to carry chemical warheads. North The Administration, meanwhile, is mount- Mr. KYL. Mr. President, the condi- Korea has neither signed nor ratified ing a full-court press, with the president of- tion we have before us right now is the Chemical Weapons Convention. fering a plea for ratification in his State of whether or not the United States will Iraq—despite the most intrusive in- the Union address ‘‘so that at last we can be a party to a meaningful treaty, that spection and monitoring regime in the begin to outlaw poison gas from the earth.’’ is to say a treaty that covers nations history of the world, Iraq has retained This is an admirable sentiment—who isn’t that it needs to cover. It will not do us a chemical weapons production capa- against making the world safe from the hor- any good if we are a party to a treaty, bility and continues to hide details and rors of poison gas?—but it’s far from the re- paying 25 percent of the costs, to in- ality. In fact, ratification would more likely documents related to its chemical bring the opposite result. spect ourselves. Right now, the coun- weapons program. The U.N. Special Article XI is one of the key danger areas. tries that have ratified this treaty are Commission believes that Iraq contin- It would obligate U.S. companies to provide not the countries that are of concern ues to hide chemical agents, precur- fellow signatories with full access to their to us. They do not have weapons. As a sors, and weapons. Iraq admitted in latest chemical technologies, notwithstand- matter of fact, right now the countries 1995 that it had produced over 500 tons ing American trade or foreign policy. One that are parties have nothing to in- of a lethal nerve gas agent before the country delighted at the prospect of upgrad- spect. The United States, if it believes ing its chemical industry is China, which, Gulf war. The U.N. inspectors had pre- upon signing the CWC, issued a declaration this treaty is ultimately going to have viously been unable to uncover evi- saying, ‘‘All export controls inconsistent any positive effect, that is to say if it dence of this, despite a more rigorous with the Convention should be abolished.’’ has significant verification features, inspection regime than even those No doubt Cuba and Iran, to name two other and if it is global in the sense that mandated by the Chemical Weapons signatories, share the same sentiment. The most of the countries of the world that Convention verification regime. As Russian team that came up with A–232 no have chemical weapons are parties to noted, Iraq has neither signed nor rati- doubt could accomplish much more with the it, and if it is enforceable—at that fied the Chemical Weapons Convention. help of the most up-to-date technology from point in time the United States pre- the U.S. Iran—Iran has been producing chemi- Verification is an insurmountable problem, sumably could get something out of cal weapons at a steadily increasing and no one—not even the treaty’s most ar- this treaty. In the meantime, the only rate since 1984 and now has a stockpile dent supporters—will promise that the trea- thing we get out of it is the oppor- of choking, blister and blood agents of ty can be enforced. In the administration’s tunity to pay a lot of money, as I say, over 2,000 tons. It also may have a obfuscating phrase, the CWC can be ‘‘effec- to inspect ourselves. Because the coun- small stockpile of nerve agent. It has tively verified.’’ Yet if chemical weapons are tries that need to be inspected are not the ability to produce an additional easy to hide, as A–232 proves, they are also yet in it. 1,000 tons of chemical agents per year. easy to make. The sarin used in the poison- Specifically, 74 countries have rati- gas attack on the Tokyo subway was created It has signed but not ratified the not in a fancy lab but in a small, ordinary fied the treaty and they are the coun- CWC. Even so, and this is critical, room used by Aum Shinri Kyo’s amateur tries of least concern to the United Iran’s chemical weapons program is chemists. The treaty provides for snap in- States. The three countries that have among the largest in the Third World. spections of companies that make chemicals, the largest amount of chemical weap- It has continued to expand, even since not of religious cults that decide to cook up ons in the world—Russia and China and Tehran signed the CWC. And the some sarin in the back office. The CWC the United States—are not parties, nor Central Intelligence Agency believes wouldn’t make a whit of difference. are any of the so-called rogue countries Those snap inspections, by the way, could that Iran has no intention of abiding turn into a huge burden on American busi- of the world. by the terms of the CWC. nesses, which would have to fork out mil- Many of these countries have no in- Iran is making improvements to its lions of dollars in compliance costs (though tention of signing onto the treaty. chemical capabilities that suggest it the biggest companies no doubt would watch North Korea, Iraq, Libya, Syria, and has made a long-term commitment to the heaviest burden fall on their smaller Sudan have all refused to sign the trea- its chemical program. I repeat, the CIA competitors). ty. Others, such as Cuba and Iran, have believes that Iran has no intention of More than 65 countries have already rati- signed the treaty but have not yet rati- abiding by the terms of the CWC. It is fied the CWC, including most U.S. allies. But somehow we don’t think the world is more fied it. In the meantime, some of these the most active state sponsor of inter- secure with Australia and Hungary commit- countries, such as Iraq, continue to national terrorism. It is directly in- ted to ridding the world of chemical weapons stockpile and develop chemical weap- volved in planning and directing ter- when such real threats as Libya, Iraq, Syria ons. rorist attacks. And it could supply and North Korea won’t have anything to do So, the question is, will the United chemical weapons to a number of ter- with the CWC. How can a treaty that pro- States enter this treaty at a time when rorist groups. Iran has not ratified the fesses to address the problem of chemical it is meaningless, or will we, instead, Chemical Weapons Convention. weapons be credible unless it addresses the use our entry as a prod to cause other Syria has produced chemical weapons threat from the very countries, such as Syria countries of the world that need to be since the mid-1980’s. The CIA believes and Iraq, that have actually deployed these weapons? parties to be parties. For the treaty to that it is likely that Syria’s chemical With or without the CWC, the U.S. is al- offer any potential improvement, how- weapons program will continue to ex- ready committed to destroying its chemical ever modest, to the national security pand. Syria can indigenously produce April 24, 1997 CONGRESSIONAL RECORD — SENATE S3591 nerve agents and mustard gas, and is mention the expense to the U.S. tax- cued 71 of the 72 hostages being held by stockpiling both agents. It may have payer, let us be involved in this when it a terrorist group for 4 months. As part produced chemical warheads for its means something; that is to say, when of the operation, the Peruvian Army Frog and Scud missiles for use against the countries we really care about are used riot control agents to stun the Israeli cities. Syria has not signed nor involved in it. terrorists and rescue the hostages. ratified the Chemical Weapons Conven- Finally, to the point that we are I would caution my colleagues, re- tion. somehow associating ourselves with gardless of where they come out on Libya—Libya has produced at least thugs by not joining, I find that really this treaty, that the actions of the Pe- 100 tons of chemical agents, including an argument that is, really— ruvian Armed Forces that resulted in mustard and nerve gas. Libya is capa- Mr. HELMS. Insulting? minimal loss of life among the hos- ble of delivering its chemical weapons Mr. KYL. Mr. President, I don’t want tages were quite possibly a violation of with aerial bombs, and may be working to use the word insulting, but it has no the Chemical Weapons Convention, to develop a chemical warhead for bal- persuasive force, let’s put it that way. which expressly forbids the use of riot listic missiles. It also possesses cruise Does this mean if a country like Iran control agents as a method of warfare. missiles. Libya has neither signed nor or Cuba, for example, signs up, that we I make this point because this treaty ratified the Chemical Weapons Conven- would be associating with lesser thugs? has many things in it that we must tion. Actually, don’t the proponents of the think about very carefully. I believe Mr. President, the point is, unless treaty want us to associate with thug the proposals the distinguished Sen- these countries are party to this trea- nations, if this is going to mean any- ator from North Carolina has offered in ty, whatever benefits the treaty has thing? Don’t we want all of those coun- the resolution before us will turn a are essentially meaningless. This is one tries in the treaty with us? flawed treaty into an effective, verifi- of the reasons why former Defense Sec- Somehow, under their logic, we don’t able tool of American foreign policy. retary Dick Cheney said this, in a let- want to associate with these thugs. We are talking about safeguards that ter he wrote about a week ago. He said: Yet, they want to pass a treaty that, ensure the treaty will be something Those nations most likely to comply with presumably, if it is going to mean any- that America can support, knowing the Chemical Weapons Convention are not thing, has these thugs in it, in which that we are protected, both in our con- likely to ever constitute a military threat to case we are associating with them. stitutional rights and in the security of the United States. The governments we Obviously, the point is not whether our country. should be concerned about are likely to we are associating with thugs. I don’t One of the amendments before us cheat on the CWC, even if they do partici- think that any of us can fail to make today would take away one of the very pate. appropriate distinctions here. The fact important elements of protection In effect, [he wrote] the Senate is being of the matter is, those thug nations, if about which I speak. The amendment I asked to ratify the CWC even though it is likely to be ineffective, unverifiable, and un- this treaty is to mean anything, ought am referring to does not require that enforceable. Having ratified the convention, to be part of the organization and, at the Director of the CIA certify that the we will then be told we have ‘‘dealt with the that time, the United States then countries which have been determined problem of chemical weapons’’ when in fact could participate in a meaningful way. to have offensive chemical weapons, we will have not. But, ratification of the Until those thugs are a part of this like Iran, Iraq, Syria, Libya, North CWC will lead to a sense of complacency, to- treaty, we are just wasting our time Korea, China—have ratified the con- tally unjustified given the flaws in the con- and money and putting a lot of our vention. We want to make sure that vention. citizens to an awful lot of unnecessary those countries are going to come Finally, to the point. The Senator hassle. under the auspices of this convention. I from Massachusetts said that we are The point of this condition is to think it is important that we have somehow holding ourselves hostage to make a point, to make the point that those safeguards. the rogue states. Precisely the opposite the countries that really matter are So, I hope my colleagues will support is the case. We decide when to join this not even going to be governed by this the resolution, the underlying resolu- convention, not because the adminis- treaty. It is one of the reasons why this tion, rather than the amendments that tration says there is an automatic treaty, in the end, cannot be supported. are being put forward. deadline under which we have to do so, The PRESIDING OFFICER. Who I am glad the Senate is taking the but when we say it will matter. When yields time? The Senator from North opportunity to improve this treaty. we are not having to pay 25 percent of Carolina. Our constitutional responsibility to ad- the costs of a meaningless convention, Mr. HELMS. Mr. President, allow me vise and consent on treaties is one of in effect 25 percent of the costs to in- to inquire of the distinguished col- the most important that we have. Un- spect ourselves. Mr. President, $200 league, does he have somebody ready to fortunately, we have gotten into the million a year to help this U.N.-style go now? I do, if he does not. bad habit of all consent and no advice. bureaucracy, in addition to putting the Mr. BIDEN. Why don’t you go ahead? When it comes to that, we cannot let businesses of the United States Mr. HELMS. I believe I have an hour that happen. That is why we are here. through all the hoops they are going to and 6 minutes that I saved a while ago. That is why the Constitution requires have to go through in order to comply I yield 10 minutes of that to the distin- two-thirds of our body to ratify any with this convention. guished Senator from Texas. treaty that America would participate I have written to my constituents The PRESIDING OFFICER. The Sen- in. the names of companies on the list sup- ator from Texas is recognized. Mr. President, international treaties plied to us by the Government as po- Mrs. HUTCHISON. Mr. President, I extend the full faith and credit of the tentially required to comply with the thank the distinguished chairman of United States, and they become the reporting requirements of the conven- the Foreign Relations Committee for law of our land when they are ratified. tion. They write back to me saying it his leadership on this issue, for talking So the United States cedes a little sov- would cost them $50,000, $70,000, or about this treaty so that all of Amer- ereignty with every treaty the Senate more than $100,000 a year, just to fill ica is beginning to see what the issues ratifies. That is why the framers of our out the forms. are. Constitution wanted to be very careful What we are saying is, instead of put- I hope to be able to support the that two-thirds of the Senate would be ting our businesses through the ex- Chemical Weapons Convention as needed to ratify any treaty that would pense and hassle of having to comply strengthened by the resolution of rati- become the law of our land. with this when nobody in the United fication introduced by the chairman of Like no other treaty before it, the States has any intention of violating the Foreign Relations Committee. Chemical Weapons Convention will this treaty—these companies back in Before I address this resolution, I make this loss of sovereignty apparent Arizona have no intention of producing want to draw our attention to the re- to thousands of Americans at thou- chemical weapons—instead of submit- markable events in Lima, Peru. The sands of companies who will be faced ting ourselves to that intrusive bureau- Peruvian Armed Forces and police con- with new Government regulations or be cratic regulation and expense, not to ducted a bold, daytime raid and res- subject to searches and seizures of S3592 CONGRESSIONAL RECORD — SENATE April 24, 1997 their property by teams of inter- Mr. President, I think we have to ad- are rogue nations, that are terrorist national inspectors. These are the dress three key questions when we are states, right now as we speak. Ger- practical effects this treaty will have talking about not only destroying our many is. Russia is. China is. on ordinary Americans. chemical weapons but sharing the tech- What are we doing about it? What are As many as 670 companies in my nology that we have for defending we doing? We are not standing up and home State of Texas will be directly af- against them. saying, there are consequences to that fected by this treaty. Only a handful of My first question: Will this treaty action, because we do not want to rock these companies are actually in the achieve the desired objective, an objec- the boat in some other area of foreign chemical industry. Many others use tive we all want, and that is to rid the policy. small amounts of chemicals for legal, world of chemical weapons? Mr. President, if we are not going to nonmilitary purposes. But according to I do not think so. Even the most ar- stand up when countries with whom we this treaty, they will be required to dent supporter of the treaty knows are trading and with whom we have submit business information to a new that this is not going to rid the world friendly relations are this very day United Nations-style international or- of chemical weapons. We know that selling nuclear weapons or nuclear ca- ganization that will monitor this trea- there are outlaw regimes producing pabilities to rogue nations, like Iran ty, or they will have to open their chemical weapons as we speak that and Iraq, how could we ever say that property to inspections by teams of have no intention of signing or ratify- this treaty would be verifiable and that international inspectors. ing this treaty. all of the signatories would comply Because of the way this treaty will Iraq is one example. Iraq makes a affect ordinary Americans, it is a pro- with this treaty and that we would in mockery of international agreements. fact do anything if they were not? found departure from previous arms The Government of Iraq has used Mr. President, my third question is: control treaties which were really lim- chemical weapons against its own peo- Can we protect the constitutional ited to military contractors and instal- ple, for Heaven’s sake. Who among us rights of ordinary Americans affected lations. That is why we must look so believes that a government that would by the treaty who are engaged in ac- carefully at this treaty. If we are going do this would honor an agreement tivities that have nothing to do with to impose this burden on ordinary when it has already used these weapons the production of chemical weapons? I Americans, then we must make sure on its own people? think this is one of the most important that the benefits outweigh the costs. Even worse, this treaty as written ac- issues—the constitutional right First, let me say, without qualifica- tually encourages the spread of chemi- against an unreasonable search or sei- tion, that chemical warfare is rep- cal weapons technology among the zure. rehensible and it deserves uniform con- countries that are parties to it because demnation. I am proud that the United articles X and XI require treaty par- The protections offered by the chair- States has already decided to destroy ticipants to share their chemical weap- man of the Foreign Relations Commit- any chemical weapons that we might ons defense technologies and prohibits tee, Mr. HELMS, is a first step. But we have with or without this treaty. But, countries from placing restrictions on are going to have to hold on to the pro- Mr. President, it is also our respon- commerce in chemicals that can be tections that have been put in the bill sibility to make sure that we have de- used for weapons purposes. by the committee because the fourth fenses against any country that might Mr. President, I think what we see amendment to the Constitution is a use chemical weapons in order to be here is good-intentioned, but we are pillar of the Bill of Rights. It protects sure that we are not unilaterally dis- talking about restricting ourselves the rights of our people against unrea- arming ourselves. from producing chemical weapons, sonable searches and seizures. Yet this I support the 1989 and 1990 agree- which we want to do, and we are talk- agreement, the chemical weapons trea- ments between the United States and ing about sharing our defenses against ty, would allow people to come in, Russia that ban the production of chemical weapons with countries that international groups, to inspect our chemical weapons and require both may be represented in international in- companies, not companies that are countries to destroy their stockpiles. making chemical weapons—we do not Those two agreements were backed up spection groups that would come into our businesses and could easily give do that—but companies that use by tough onsite inspections in which chemicals for any other myriad of pur- each side can watch the other destroy this information back to the countries who are not signatories. poses, to get their trade secrets or our the weapons. defense mechanisms against the chemi- Unfortunately, neither the Geneva That is why these amendments are so important, so that every one of these cal weapons that we may have to face Protocol against chemical weapons use one day. nor the two agreements that we have countries that has chemical weapons will be a party to this agreement, so Mr. President, I am just very worried signed with Russia are actually being that we would disarm ourselves and enforced. that at least we would know that we lose the ability to protect ourselves When the Government of Iraq used have some ability to sanction these against a rogue nation that will not chemical weapons against its own citi- countries when they are not able to zens in the 1980’s, the United Nations show us that they are complying. sign and ratify this treaty. could not even agree upon a resolution Mr. President, my second question is: The amendments offered today would condemning Iraq. Can we determine with reasonable ac- take away the protections that are now The two Russian agreements are curacy that the other countries that in the resolution against that happen- dead, too. The Russian Prime Minister have signed the treaty will honor it, as ing because the resolution says all of told Vice President Gore in July 1996 we certainly will? We all remember these rogue nations must be a party to that both agreements have outlived President Reagan’s words, ‘‘trust but the agreement so that at least we their usefulness. It appears that the verify.’’ We need the ability to verify. would have the mechanisms to go in Russians do not intend to honor these This is a treaty that I am afraid and try to find these chemical weap- agreements. I remind my colleagues there is no way we could really verify. ons. Yet, you know even the best effort that Russia has the world’s largest In fact, even the supporters admit that that we have been able to make in find- stockpile of chemical weapons, and you cannot really verify it. We are trying chemical weapons in Iraq have this is not a trivial matter. ing to strengthen it so that we will failed. Right now our international So, Mr. President, we have three have at least some ability. But then it agreements allow us to look in Iraq for good, tough, supposedly enforceable comes into question, are we going to chemical weapons. We have not found international agreements to restrict exercise those abilities? any. And yet all of the inspectors in the use of and destroy chemical weap- I think one of the concerns that I the international group that are trying ons. But those agreements have failed. have is that we know that countries to find those weapons have not been So now we are here today to consider with whom we trade, countries with able to do it, but they say they know another agreement, even tougher, that whom we have good relations, are actu- they are there. They are sure that they involves more countries, and we hope it ally selling the equipment to make nu- are there. So the verifiability becomes will work where others have failed. clear weapons to these countries that a real issue. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3593 Mr. President, I think that the com- a variety of other nations, purportedly difference that there is a law against mittee has done an excellent job of pro- have these weapons. Our problem is to this, and that the United States acts tecting the interests of Americans in convince other nations in the world with other nations and with their this treaty. I hope that we can keep that we all ought to be about the task backing to enforce that, and that we the safeguards so that all of us can of ending production of these weapons, shall have to do. vote for this treaty. I would like to be- ending possession, storage, ending any Much has been said about lack of cause I respect the people who are for vestige of them. military will or lack of political will, the treaty. Now, in order to do that, we have to but, Mr. President, I have seen very lit- I have the greatest regard for Presi- bring other nations into this with us. tle of that in this Chamber during this dent Bush. I think he is a wonderful Therefore, we have offered leadership debate. We are serious about this. man. He would never leave the United now for many years. We have con- Mr. President, let me add just as a States of America defenseless. But you vinced 74 other nations that have al- topical matter, because the Members of know, if Senator KYL and Senator ready ratified the Chemical Weapons the Senate who have been watching HELMS had not stood up, one of the Convention that they ought to be with local television at least in the last safeguards that President Bush put in us in this quest. I make that point at half-hour appreciate that in northwest the treaty would have been taken out, the outset, Mr. President, because the Washington, in the downtown area and that is the use of tear gas by our motion before the Senate is to strike a near the B’nai B’rith headquarters, a forces in wartime, because President condition added, at least to this treaty, vial of chemical material or biological Bush made sure that we said right up that would say we ought to forgo our material is present that authorities of front, yes, we will use tear gas because leadership, we ought to really forget the police and fire department and spe- we would rather use tear gas than bul- what our objective has been for years. cial persons in the Washington, DC, lets. I presume we ought to forget we are in area have now picked up this material, President Clinton disagreed with the process of destroying all of our own and people in the B’nai B’rith head- that. He said, no, we would not use tear chemical weapons and simply hope quarters are being decontaminated. A gas. But because of the efforts of Sen- that others might proceed. suggestion is that it may be anthrax, a ator HELMS and Senator KYL, we have As a matter of fact, if we do not rat- very deadly biological weapon. been able to agree on that issue. ify this convention this evening, others It was not long ago on this floor, Mr. So, Mr. President, I hope to be able will proceed, but they will proceed President, that the Nunn-Lugar-Do- to support this treaty. I thank the dis- without us. Our diplomacy with Russia menici Act was debated and we talked tinguished chairman of the committee will be severely impaired. As a result, then in terms of attempting to bring for allowing me to speak and for his even though we are working with Rus- Department of Defense resources into leadership. I would like to be able to sia now—as a matter of fact, to help play with the cities of this country— support it, but I will not support this them destroy chemical weapons— Washington, DC, being prominent treaty without the safeguards to the through reasons the world will find among them, Atlanta, GA, Denver, CO, security of America. That is my first hard to understand, we will have de- and 23 other cities have been named— responsibility. nied the very treaty we have asked so that in the event there should be an- Thank you, Mr. President. others to join us in. It makes no sense. thrax, which was specifically men- Mr. HELMS. I thank the Senator. Let me say with all due respect to tioned in the debate, we were prepared The PRESIDING OFFICER. Who those who formulated the idea that we to move. That is leadership, Mr. Presi- yields time? should not ratify the Chemical Weap- dent. We saw the threat and we pre- Mr. BIDEN addressed the Chair. ons Convention unless the so-called pared to move upon it. We have done The PRESIDING OFFICER. The Sen- rogue states—named as North Korea, so. ator from Delaware. Libya, Syria, Iran, and Iraq—join, Now, we will do so with regard to the Mr. BIDEN. I yield 10 minutes to my must have really stayed up nights try- international scene. But the treaty colleague from Indiana. ing to think of some way to throw us gives us the basis of international law. The PRESIDING OFFICER. The Sen- off course. I presume they felt that our To suggest for a moment, Mr. Presi- ator from Indiana is recognized for 10 antipathy to some of these states dent, we ought to be deterred from our minutes. would be such that we would say if leadership by whether Iraq joins, Mr. LUGAR. I thank the Chair. they are not going to be a part of it, we whether Iran is involved, whether I thank the distinguished Senator ought not to be a part of it, we ought North Korea should ever be involved, is from Delaware. to simply go after them in a unilateral to stretch credibility really to the Mr. President, the objective of the way. Let me examine that for a mo- breaking point. These nations are irrel- Chemical Weapons Convention, the de- ment, Mr. President. evant to our membership and our lead- bate that we are involved in now, is The Senator from Delaware and the ership. They are irrelevant to our leadership, a question of leadership by Senator from Massachusetts have standing for international law and our our country. talked about law, about legitimacy. As ability to act, and to act decisively. We can take a look at all the excep- a matter of fact, our Nation does have That must be our standard, Mr. Presi- tions and the negative views, but the the mobility to be an enforcer. In the dent. With imagination, one will think very positive force I think we want to event we feel our security is threat- of all sorts of hobgoblins that can be stress in framing this issue is, the ened, our President might, in fact, con- thrown up to make an interesting de- United States of America, our states- sider a military action against a nation bate, but debate is leadership, and de- men, President Ronald Reagan, George that offered a security threat to us. bate is decisive political will, and the Bush, now President Bill Clinton, and But let us examine the implications if debate is our ability to convince other many who have worked with them in our President decides to do this. If he nations of the world they should come the Armed Forces and in statecraft, is going to act unilaterally without with us, that we are reliable, that we recognize that our country has a very benefit of international law—and inter- stay the course, that our word is good, substantial problem in the world; national law does count because other administration after administration. namely, that of chemical weapons. nations understand the implications of Mr. President, this is the reason we We came to a determination on our that cooperation and the binding that should vote to strike this amendment, part that these weapons were unreli- brings—if we are going to contemplate this condition, from the convention im- able, unstable, dangerous, and so dan- solo strikes without benefit of inter- mediately, decisively. It has been a gerous, as a matter of fact, that we did national law, then we will have to point, clearly, a parliamentary proce- not wish to employ them—we wished to think about overflight rights, about dure, and that our failure to do so, as destroy them. We have been doing that the problems of our pilots if our air- a matter of fact, jeopardizes the entire as a nation. craft are down, about a number of im- treaty. It is improbable, if not impos- Our dilemma is that other nations, plications in which we count upon co- sible, our Nation would ever join, primarily Russia, with substantial operation of nation-states. Inter- would ever follow through on our lead- stores much greater than our own, but national law does count. It makes a ership, if we were to wait upon states S3594 CONGRESSIONAL RECORD — SENATE April 24, 1997 that are irrelevant to the whole propo- dered the cult from procuring the needed General Hughes said: sition. chemical compounds used in the production I conclude, Mr. President, by saying of sarin. Further, the Aum Shinrikyo would In any attack in the south, Pyongyang have escaped CWC requirement for an end could use chemical weapons to attack forces obviously, threats in those states are deployed near the DMZ, suppress allied air not relevant. We must be decisive. We use certification because it purchased the chemicals within Japan. power, and isolate the peninsula from strate- need going for us international law, en- There are some additional things we gic reinforcement. hancement of our intelligence that the can quote. The point I am making is intrusive inspections and all of the Four days ago in a Seoul, North that reasonable people can differ about trade accounts will give to us, so that Korea, newspaper there was an article the pros and cons of this treaty. That when we strike, we will strike accu- quoting very high North Korean offi- will be reflected in the vote on the rately and completely and bring the se- cials as saying they now have adequate treaty here. I hope that Americans do curity to the world that this treaty at- chemical weapons to annihilate South not get the idea that we will be safe tempts to promote. Korea. This is going on as we speak. So from terrorist attack or even signifi- Mr. HELMS. I yield such time as the we are talking about nations that are cantly safer by the adoption of this Senator from Arizona may consume. not going to be our friends. These are Chemical Weapons Convention. Terror- Mr. KYL. I will be very brief to a the ones that, whether they are sig- ist attacks are not what it was de- matter of news interest here in the natories, or whether they ratify or not, signed to deal with. I hope that point is Washington, DC, area. People might be it doesn’t make too much difference. It watching this on a different channel of crystal clear. The PRESIDING OFFICER. The Sen- tickles me when they talk about, ‘‘Rus- their television, viewing the ambu- sia is going to do that.’’ Last night, I lances and people attempting to assist, ator from North Carolina. Mr. HELMS. I thank the Senator for was on a talk show and we finally and at least two people who appear to that explanation. I think it was very agreed that on the 1990 Bilateral De- have been exposed to some kind of timely. struction Agreement, they have been chemical agent. My understanding is I yield 12 minutes to the distin- found in noncompliance of that, and of that Senator LUGAR has just discussed guished Senator from Oklahoma [Mr. the START I, of the Conventional this matter briefly, as well. This oc- INHOFE], following which I suggest we Forces in Europe. Even though my op- curred at or near a B’nai B’rith facility vote. ponent denied it was the INF, in fact, here in Washington, DC. The PRESIDING OFFICER. The Sen- they were. In the 1995 Arms Control I think that while neither side in this ator from Oklahoma is recognized. debate would want to use an unfortu- Disarmament Agency report, it says The Senator from North Carolina has they were not in compliance with that; nate incident to bolster their case, and 41⁄2 minutes remaining on the amend- while our first concern ought to be for the ABM Treaty, they have not been in ment. compliance with that. the people who may have been exposed Does the Senator wish to yield from to some agent here—and we all cer- your resolution time? But let’s assume if a country like tainly hope there is no harm done and Mr. HELMS. In that case, I mis- Russia doesn’t comply when they rat- that if, in fact, it was not accidental understood the statement of the Par- ify, what about these rogue nations? I that the perpetrators are dealt with in liamentarian. can tell you for sure that those pro- the appropriate fashion—I think it is The PRESIDING OFFICER. The Sen- ponents of the ratification have gone also an inappropriate place to make ator from North Carolina, do you yield to every extent possible to make it the point that contrary to those who the remaining time of the amendment look like—or to make us believe that assert that the Chemical Weapons Con- or from the resolution time? the Reagan administration, if they vention deals with this problem, it does The Senator from Oklahoma is recog- were here today, would be in support of not. We should be very, very clear nized for 12 minutes. Mr. INHOFE. Thank you, Mr. Presi- this Chemical Weapons Convention. I about that. can assure you that they would not. There are reasons for proponents to dent. I will probably not take the 12 Coincidentally, I happened to be on a suggest that this Chemical Weapons minutes. Convention should be supported. There The Senator from Arizona is exactly talk show—‘‘Crossfire’’—with a very are arguments of opponents as to why right. I think even the strongest oppo- fine gentlemen, Ken Adelman. He had that should not be the case. But I hope nents of the ratification of the Chemi- been in the Reagan administration. We that we do not have people arguing on cal Weapons Convention have said this found out, after he gave his testimonial the floor of the Senate here that the is not going to affect terrorist activi- as to why we should ratify—and he ad- Chemical Weapons Convention will ties. Obviously, by the very title ‘‘ter- mitted it was not verifiable nor is it deter terrorists, that somehow this will rorists’’ they are not going to be com- global, but he still thought we should make us safer from terrorist attack, plying with this. do it—that Mr. Adelman might be prej- because it cannot fulfill that noble I have to say I feel the same way udiced by his membership on two goal. We will literally be buying on to about these countries that we are dis- boards of directors, the International something that cannot come to pass if cussing right now. The condition which Planning and Analysis Center and on the treaty proponents try to sell it on is under debate at this time is whether Newmeyer and Associates. These com- that basis. or not to strike that portion with re- panies, which he directs, have clients As a matter of fact, there is specific gard to Iran, Syria, Libya, North in many foreign countries, including declassified intelligence information Korea, and China. It would be, if we China and Japan, and they represent were only concerned about those coun- directly on this point. I will quote that companies that deal in chemicals such tries that have signed or have ratified before the chairman resumes his time. as those from the UpJohn Co. People A declassified section of the Defense or have an expressed intention to ratify, that would be very nice, because say this is just chemicals. It is not just Intelligence Agency document of Feb- chemical companies we are talking ruary 1996, with specific reference to we would be talking about Canada, the Fiji Islands, Costa Rica, and Singapore, about. In this chemical association the Tokyo subway attack by terrorists that gets so much attention, it rep- at that time said: Iceland. That is not where the threat is. The threat is the rogue nations. resents 192 chemical companies. These Irrespective of whether the Chemical are the large ones, the giants. There Weapons Convention enters into force, ter- That is what we are talking about rorists will likely look upon CW as a means right now. are some 4,000 other companies, and to gain greater publicity and instill wide- I will for a moment bring this up to you can expand it beyond purely chem- spread fear. The March 1995 Tokyo subway date by quoting a couple of things. ical companies to some 8,000 other attack by Aum Shinrikyo would not have General Schwarzkopf, during a press companies, most of whom are opposed been prevented by the Chemical Weapons conference in Riyadh said: to this, because they would be shut out Convention. The nightmare scenario for all of us would in the competition. In May of 1996, another CIA report, a have been to go through this [the Iraqi tank I think the whole thing on this par- portion of which has been declassified, barrier], get hung up in this breach right contains this statement: here, and then have the enemy artillery rain ticular amendment is whether or not In the case of Aum Shinrikyo the Chemical chemical weapons down on the troops that this would have any positive effect on Weapons Convention would not have hin- were in the gaggle in the breach right here. the rogue nations if we should ratify April 24, 1997 CONGRESSIONAL RECORD — SENATE S3595 the Chemical Weapons Convention. I they would have to ratify before we Delaware would have 2 minutes 37 sec- don’t think there is anybody here who will. Well, we had that requirement 2 onds. is so naive to think that, voluntarily, years ago when I voted against the Who yields time? if they are a part of it, they would re- START II treaty. They said we have to Mr. BIDEN. Mr. President, how much duce their chemical behavior. I think do it before Russia because they won’t time remains for me? those of us in this room can argue and ratify unless we do. Guess what, Mr. The PRESIDING OFFICER. The Sen- debate that. President, they still haven’t ratified. ator controls 2 minutes 37 seconds. So I go back to the people who are Lastly, to kind of express the ur- Mr. BIDEN. I yield myself the re- the real authorities. You have heard gency of this, former Secretary of De- maining time. I will speak to a couple Dick Cheney quoted several times on fense, James Schlesinger, said, ‘‘To the of points. With regard to Ken Adelman, the floor, in his letter that we have extent that others learn from inter- I am sure our colleague from Okla- quoted several times. He said, ‘‘Indeed national sharing of information on homa didn’t mean to impugn his moti- some aspects of the present conven- chemical warfare defenses, our vulner- vation by suggesting for whom he tion—notably, its obligation to share ability is enhanced rather than dimin- worked. I would not suggest that of Mr. with potential adversaries, like Iran, ished. Finally, this treaty in no way Rumsfeld because of where he works chemical manufacturing technology helps shield our soldiers from one of now, that it caused him to have that that can be used for military purposes battlefield’s deadliest killers. As indi- view. Ken Adelman—although I dis- in chemical defense equipment— cated earlier, only the threat of effec- agree with him most of the time, he threaten to make this accord worse tive retaliation provides such protec- was an able member of the administra- than having no treaty at all.’’ That is tion.’’ tion. He was viewed as a hawk at the Dick Cheney, not some guy that read a What he is saying there is not that time he was here. For the record, I am couple of articles and determined it we would use chemical weapons, but by sure there was no intention to do that? was wrong. What is he talking about? the fact that we are not a party to this Mr. INHOFE. If the Senator will He is talking about something that treaty is one that would at least offer yield, I made it very clear before my will be debated here shortly, and we some type of a deterrent. So I think, remarks that I hold him in the highest will get into that in more detail. Part Mr. President, when you look and read of esteem. However, the fact remains of article X says, ‘‘The technical sec- of the hostility that is over there— that he does work for those companies retariat shall establish not later than James Woolsey said, in 1993: that have an interest, and that could 180 days after entry into force of this More than two dozen countries have probe a conflict of interest. I think that contract, and maintain for the use of grams to research or develop chemical weap- could be drawn by anyone. any requesting state party, a data ons, and a number have stockpiled such Mr. BIDEN. I thank the Senator for bank containing freely available infor- weapons, including Libya, Iran, and Iraq— making clear what he meant. I didn’t mation concerning various means of Three of the countries we are talking think that’s what he meant. I was hop- protection against chemical weapons, about: ing that is not what he meant, but it is as well as such information as may be The military competition in the always what he meant. That could be said provided by states’ parties.’’ volatile Middle East has spurred others in about almost everybody who testified Well, I can remember in the Armed the region to develop chemical weapons. We before our committee, for and against Services Committee when Schwarzkopf have also noted a disturbing pattern of bio- this treaty, and I really, quite frankly, was here. I said: logical weapons development following close- think that the leaders for and against ly on the heels of the development of chemi- this treaty in the last two administra- General, you are in support of the Chemi- cal weapons. cal Weapons Convention. tions are men and women of integrity Mr. President, the threat is there, who would have no conflict. They are I read that, and then I will read a and we know that other countries can consistent with what they did within transcript, because I think everybody sell their technology, as well as their those administrations. who might be basing their vote on systems, to rogue nations. We know Let me point out a few things. It what General Schwarzkopf said, here is Russia has done this, to specifically seems interesting to me that here we a transcript from that meeting: Iran and other nations, not when they are, the very people—our very col- Senator INHOFE. Do you think it wise to sold their technology, but also their leagues who want to have a provision share with countries like Iran our most ad- equipment. So it is a very scary thing saying that we want all these rogue na- vanced chemical defensive equipment and technology? to think that we might be putting our- tions in the treaty before we get into General SCHWARZKOPF. Our defensive capa- selves in a position that would increase the treaty, argue in the alternative, bilities? our exposure to the threat of chemical that these nations in the treaty mean Senator INHOFE. Yes. warfare and would increase the pro- the treaty is worthless. Translated, General SCHWARZKOPF. Absolutely not. liferation of chemical weapons in the very simply, they are not for this trea- Senator INHOFE. Well, I’m talking about Middle East. ty under any circumstance, whether or sharing our advanced chemical defensive I yield the floor. not these nations are in the treaty or equipment and technologies, which I believe The PRESIDING OFFICER. Who out of the treaty. I also point out under article X (they) would be allowed to yields time? (get). Do you disagree? that—in the interest of time, I will not General SCHWARZKOPF. As I said, Senator, Mr. HELMS. Mr. President, I believe be able to point it out in detail—every I’m not familiar with all the details—you time has expired. Parliamentary in- argument against this treaty made know—you know, a country, particularly quiry. thus far on the floor today, I respect- like Iran, I think we should share as little as The PRESIDING OFFICER. The Sen- fully suggest, is made worse by not possible with them in the way of our mili- ator will state it. being in the treaty, by not having the tary capabilities. Mr. HELMS. If the Chair will refresh treaty. I find it, quite frankly, inter- I am not critical of General my memory, a motion to table is not in esting. Schwarzkopf. It is a very complicated order, is that correct? My time is up. I hope my colleague thing. I don’t know how many people The PRESIDING OFFICER. All time will not move to table. We agree not to read the whole thing. I haven’t, but I would have to be yielded back on the attempt to amend any of these condi- read enough to know, as far as our amendment in order for a motion to tions. I hope we will have a vote up or treatment with rogue nations, I would table to be in order. The unanimous- down. Apparently, it is not in the not want to be ratifying this contract consent agreement does not appear to agreement. If he chooses to do it, I unless they ratified it. Then I would preclude a motion to table. guess he has the right. not trust them any more than we Mr. HELMS. How much time re- Mr. HELMS. Mr. President, I shall would trust Russia, and if they do rat- mains, Mr. President? not move to table. I will yield back ify, I question if they will honor it. The PRESIDING OFFICER. Cur- such time as I may have. One of the other conditions we are rently, the Senator from North Caro- The PRESIDING OFFICER. All time going to talk about is, should we do it, lina would have 4 minutes 27 seconds having been yielded back, the question should we put in a requirement that on the amendment. The Senator from is on agreeing to amendment No. 47. S3596 CONGRESSIONAL RECORD — SENATE April 24, 1997 The yeas and nays have been ordered. some of the so-called rogue countries, dent Clinton sent the convention to the The clerk will call the roll. but I think it is important we go ahead Senate. In his transmittal letter, dated The assistant legislative clerk called and state our positions at this point. November 23, 1993, President Clinton the roll. Everybody has made their case. It is wrote: The result was announced—yeas 71, time to make decisions and to move I urge the Senate to give early and favor- nays 29, as follows: on. I want to start by thanking Sen- able consideration to the convention and to [Rollcall Vote No. 46 Ex.] ator HELMS for his cooperation. With- give advice and consent to its ratification as soon as possible in 1994. YEAS—71 out his cooperation, we would not be Let me remind my colleagues that Abraham Feingold Lugar here today. His cooperation guaranteed Akaka Feinstein McCain that we were able to develop a process for the next 11 months, until the 103d Baucus Ford Mikulski that was fair, that allowed us to get S. Congress adjourned on December 1, Biden Frist Moseley-Braun 495 up and voted on last week, that all 1994, the Senate majority leader was Bingaman Glenn Moynihan George Mitchell and the chairman of Bond Gorton Murray of the remaining issues in disagree- Boxer Graham Nickles ment would have an opportunity to be the Foreign Relations Committee was Breaux Gregg Reed debated, considered and voted upon. Claiborne Pell. Bryan Hagel Reid He really has done an excellent job. Despite Democratic control of the Bumpers Harkin Robb White House and the Senate, the Sen- Byrd Hatch Roberts There is no question that he continues Chafee Hollings Rockefeller to have great reservations about this ate did not consider the Chemical Cleland Inouye Roth legislation. But his efforts and the ef- Weapons Convention in 1994. Coats Jeffords Santorum In late 1995, Senate Democrats began forts of Senator KYL from Arizona have Cochran Johnson Sarbanes a filibuster on the State Department Collins Kennedy Smith Gordon H been nothing short of heroic. They authorization bill to force action on Conrad Kerrey Snowe have been tenacious. They have done D’Amato Kerry Specter the CWC. On December 7, 1995, an their homework. They have made ex- Daschle Kohl Stevens agreement was reached providing for cellent statements both here and in our DeWine Landrieu Torricelli the convention to be reported out of Dodd Lautenberg Warner closed session earlier today. I think the Foreign Relations Committee by Domenici Leahy Wellstone they should be commended for what Dorgan Levin Wyden April 30, 1996. The committee honored they have done. In fact, their work and Durbin Lieberman that agreement, and the convention their success has contributed greatly NAYS—29 was placed on the Executive Calendar. to the likelihood that this treaty actu- That is where matters stood when I Allard Gramm Mack ally will pass. That had not necessarily Ashcroft Grams McConnell became majority leader on June 12, Bennett Grassley Murkowski been their intent, but they wanted to 1996. Only 6 days later, before I had a Brownback Helms Sessions make sure, if it did pass, they wanted chance to get my sea legs at all, there Burns Hutchinson Shelby it to pass in the best possible form. began a filibuster once again by the Campbell Hutchison Smith Bob I also thank the Democratic leader Coverdell Inhofe Thomas Senate Democrats to force Senate ac- Craig Kempthorne Thompson for his courtesies as we worked tion on the convention. Enzi Kyl Thurmond through a very complicated unani- To allow critical national defense Faircloth Lott mous-consent agreement. We were legislation to proceed, we worked with The amendment (No. 47) was agreed watched over very carefully by the Senators on both sides of the aisle, and to. Senator from West Virginia. I thank again we reached an agreement guaran- Mr. HELMS. Mr. President, I move to the Senator from Delaware, [Mr. teeing a vote by September 13, 1996. reconsider the vote. BIDEN] for his cooperation and his pa- In the weeks preceding the vote, op- Mr. BIDEN. I move to lay that mo- tience, and I think the fact that we ponents and proponents of the convention on the table. have all sort of kept cool heads and tion made their case to Senators. On The motion to lay on the table was been careful how we proceeded has September 6, 1996, I requested the de- agreed to. served us well. classification of certain key judgments Mr. BIDEN addressed the Chair. Mr. President, our Constitution is of the intelligence community relating The PRESIDING OFFICER (Mr. unique in the power it grants the Sen- to key aspects of the convention. On BROWNBACK). The Senator from Dela- ate in treaty making. Article II, sec- September 10, the administration par- ware. tion 2 states the President ‘‘shall have tially complied with that request, and Mr. BIDEN. Parliamentary inquiry. the power, by and with the advice and certain intelligence judgments were The PRESIDING OFFICER. May we consent of the Senate, provided two- made public. I ask unanimous consent please have order. thirds of the Senators present concur.’’ that the exchange of letters on the in- Mr. BIDEN. Mr. President, I with- The Senate’s coequal treaty making telligence judgments be printed in the draw my inquiry I did not make. power is one of our most important RECORD. The PRESIDING OFFICER. The Sen- constitutional duties. All 100 Senators Mr. President, I understand the Gov- ator from Delaware withdraws his in- have approached this duty very seri- ernment Printing Office estimates it quiry. Who seeks time? ously in examining the Chemical Weap- will cost $1,288 to print these letters in Mr. LOTT addressed the Chair. ons Convention, as we should. We have the RECORD. The PRESIDING OFFICER. The Sen- participated in and we have listened to There being no objection, the mate- ator from Mississippi, the majority hearings laying out the arguments for rial was ordered to be printed in the leader. and against the convention. We have RECORD, as follows: Mr. LOTT. Mr. President, can I get looked closely at many provisions of U.S. SENATE, time off the manager’s time from the the convention and have sought the ad- OFFICE OF THE MAJORITY LEADER, bill? vice and counsel of experts and former Washington, DC, September 6, 1996. The PRESIDING OFFICER. Without policymakers. We read many articles President WILLIAM JEFFERSON CLINTON, objection, it is so ordered. and we have heard the arguments mak- The White House, Mr. LOTT. I do still have my leader Washington, DC. ing the case for and against it. DEAR MR. PRESIDENT: I am writing to ask time. If I need that, we can use that Before addressing my views on the your cooperation and support for Senate ef- also. convention itself, I should like to share forts to obtain information and documents Mr. President, I had planned on and with my colleagues a brief history of directly relevant to our consideration of the had hoped to be able to speak after all the Senate’s action on this convention, Chemical Weapons Convention. of the votes on the motions to strike how we got to where we are today. As you know, the Senate is currently because I did not in any way want to The Chemical Weapons Convention scheduled to consider the Convention on or distract from those motions to strike. I was signed by the United States as an before September 14, 1996 under a unanimous consent agreement reached on June 28, 1996. have hopes that at least some of them original signatory on January 13, 1993, Immediately prior to the Senate agreement might actually be defeated, particu- in the last days of President Bush’s ad- on the Convention, I stated, ‘‘With respect to larly the one with regard to inspectors ministration. For reasons that remain the Chemical Weapons Convention, the Ma- coming into the United States from unclear, it was 10 months before Presi- jority Leader and the Democratic Leader April 24, 1997 CONGRESSIONAL RECORD — SENATE S3597 will make every effort to obtain from the ad- vention to acts of terrorism committed with ate letters and reports, over 400 pages of an- ministration such facts and documents as re- chemical weapons. swers to Senate questions for the treaty quested by the Chairman and ranking mem- I make these requests to enable the Senate record and over 300 pages of other docu- ber of the Foreign Relations Committee, in to fully prepare for its consideration of the mentation. order to pursue its work and hearings needed Chemical Weapons Convention. I am certain to develop a complete record for the Senate you would agree it is necessary for the Sen- With regard to Senator Helms’ most recent . . .’’ ate to have complete and usable information letters, the President and I both personally I regret to inform you that your adminis- in order fulfill our constitutional obligations responded to Senator Helms, first on July 31 tration has not been fully cooperative in and to responsibly meet the terms of the cur- and then again on August 13; these responses Senate efforts to obtain critical information. rent unanimous consent agreement. Because included detailed attachments that answered Chairman Helms wrote to you on June 21, the unanimous consent agreement calls for a series of specific questions asked by Sen- 1996—prior to the Senate setting a date for a the Senate to vote on the Chemical Weapons ator Helms. vote on the Convention—and asked eight Convention by September 14, 1996, I respect- The Administration has repeatedly offered specific questions. Chairman Helms also re- fully request that you respond to my declas- to make relevant classified information quested the provision and declassification of sification requests no later than the close of available to the Senate through classified documents and a cable relating to critical is- business on Tuesday, September 10, 1996. briefings and reports. I explained to Senator sues of Russian compliance with existing With best wishes, I am Helms in my response to his most recent let- chemical weapons arms control agreements Sincerely, ters that, while I regretted we could not de- and with the Chemical Weapons Convention. TRENT LOTT. On July 26, 1996, having received no re- classify the documents he requested, we response to his earlier letter, Chairman Helms THE WHITE HOUSE, mained eager to brief the Senator and any of reiterated his earlier request and asked addi- Washington, September 10, 1996. his colleagues, as well as cleared staff, at the tional questions concerning the apparent Hon. TRENT LOTT, earliest possible time, both on those docu- Russian decision to unilaterally end imple- Majority Leader, U.S. Senate, ments as well as on other concerns. Such a mentation of the 1990 U.S.-Russian Bilateral Washington, DC. briefing was provided to Senator Kyl but, to Destruction Agreement on chemical weap- DEAR MR. LEADER: The President has date, Senator Helms has not responded to ons. Chairman Helms also asked for specific asked that I respond to your letter regarding these offers. information and documents concerning Rus- Senate consideration of the Chemical Weap- We have carefully reviewed your request sian conditions for ratification of the Chemi- ons Convention (CWC). for declassification of the May 21, 1996 cable cal Weapons Convention, as well as other in- On behalf of the President, I would like to written by ACDA Director Holum, the July formation important to our consideration of thank you for your cooperation and leader- the Convention. While Chairman Helms did ship in scheduling a Senate vote on this vital 8, 1996 letter from Russian Prime Minister receive responses to his letters on July 31 treaty which, as you know, has been before Chernomyrdin and selected paragraphs from and on August 13, his request for declas- the Senate since November 1993. The CWC, various intelligence community documents. sification of documents was refused and the which was negotiated under President I regret that we cannot declassify the May answers to many of his questions were in- Reagan and concluded and signed under 21, 1996 Holum Cable or the letter from Rus- complete. President Bush, is an important element of sian Prime Minister Chernomyrdin to Vice During a Senate Select Committee on In- our bipartisan efforts over the years to ad- President Gore because these documents telligence hearing on June 17, 1996, Senator dress two of the most important threats fac- have been properly classified pursuant to Kyl asked for a specific document—a cable ing us in the post Cold War era: the pro- E.O. 12958; they contain sensitive diplomatic written in Bonn, Germany by Arms Control liferation of weapons of mass destruction information regarding high-level, ongoing and Disarmament Agency (ACDA) Director and terrorism. negotiations, the disclosure of which may af- Holum concerning current Russian govern- I was concerned by your letter and regret fect our ability to negotiate in confidence. In ment positions on the Bilateral Destruction that you believe that the Administration has addition, the correspondence you requested Agreement, ratification of the Chemical not been fully cooperative with Senate ef- is between the highest levels of the United Weapons Convention and on U.S. assistance forts to obtain critical information. I want States and Russian governments, and was for the destruction of Russian chemical to assure you that the Administration re- exchanged with the expectation that it weapons. On numerous occasions, Senator mains eager and committed to continuing to would be kept in the strictest confidence. As Kyl was told the document did not exist. Fi- assist the Senate in developing a complete you know, an essential element of the Execu- nally, on July 26, Senator Kyl was able to see record for its consideration prior to floor active Branch’s conduct of foreign relations is a redacted version of the document under tion on the CWC, as stated in the June 28, the protection of the confidentiality of high 1996, unanimous consent agreement. tightly controlled circumstances but the level, sensitive diplomatic discussions and document has not been made available to During the almost three years the Conven- correspondence. Chairman Helms or other Senators. tion has been before the Senate, the Admin- Mr. President, the unanimous consent istration has worked very hard to ensure After a careful review of the paragraphs of agreement of June 28, 1996, was entered into that the Senate has been fully informed on the intelligence documents that you rein good faith, and based on our understand- the Convention and that all its questions quested be declassified, we have determined ing that the administration could and would have been answered. Our efforts to inform they were properly classified. However, we be fully forthcoming in the provision of in- the Senate have included testimony at 13 have been able to declassify a portion of the formation and documents to enable the Sen- hearings, including testimony by many Cabi- material without risk to sources and meth- ate to fulfill its constitutional responsibil- net officials. We have conducted dozens of ods and it is attached. The sentences and ities. Numerous judgements of the United briefings for members and staff by represent- paragraphs that are still classified remain so States intelligence community deserve as atives of key agencies, including yesterday’s because they contain information which wide a circulation as possible—particularly productive session with the Arms Control could place sources and methods at risk. In since they are distinctly different than some Observer Group. The President has appointed several cases, declassification of requested public statements made by officials of your two Special Advisors on the CWC, to address materials also would reveal information Administration concerning the Convention. Senate questions and concerns as part of the about U.S. force vulnerabilities. The para- Accordingly, I respectfully request that ratification process. Former Representative graphs from which most of the judgments you reconsider your refusal to declassify Martin Lancaster served in this capacity in were extracted remain classified because it critical documents and consider the declas- 1995 and Dr. Lori Esposito Murray currently is difficult to identify clearly the source sification of important intelligence commu- holds this position. On behalf of the Presi- paragraphs. Therefore, granting paragraph nity judgements—consistent with the need dent, they have personally briefed every Sen- release authority could inadvertently permit to protect intelligence sources and methods. ate office, offered individual briefings to release of intelligence which would be dam- Specifically, I request that you act imme- every member of the Senate and personally aging to declassify. diately to declassify the May 21, 1996, cable briefed over 40 Senators. written by ACDA Director Holum and the In addition, we have answered over 300 I would like to reaffirm personally the Ad- July 8, 1996, letter from Russian Prime Min- questions for the record. Senator Helms has ministration’s commitment to brief you or ister Chernomyrdin to Vice-President Gore, asked many of these questions and we have any other Senator and cleared staff on the and consider immediately declassification of always responded to his concerns. For exam- documents discussed above under appro- the paragraphs from which the attached ple, we have not only provided Senator priate classification at any time before the statements are excerpted—all drawn from Helms our database of companies likely to Senate debate on the CWC. As you know, a documents produced by the Central Intel- be affected by the CWC, but we have also high-level Administration team briefed Sen- ligence Agency and the Defense Intelligence provided him a list of chemical companies ators and staff on the CWC, including many Agency on the Russian chemical weapons we have determined unlikely to be affected of the issues raised in your letter, on Mon- program, the verifiability of the Chemical by the CWC. Overall, the Administration has day, September 9, 1996. We remain commit- Weapons Convention, the effect of the Con- provided the Senate with over 1500 pages of ted to continuing to assist the Senate as it vention on the chemical weapons arsenals of information on the CWC—over 300 pages of prepares to vote on advice and consent to rogue states, and the relevance of the Con- testimony, over 500 pages of answers to Sen- ratification on this vital Convention. S3598 CONGRESSIONAL RECORD — SENATE April 24, 1997 As part of this continuing effort, I have at- environment in which chemical weapons The CWC’s declaration provisions will im- tached a detailed response which includes may be used or threatened to be used. prove the U.S. ability to obtain information the declassified material. Though U.S. chemical equipment is second about other countries’ CW efforts. These pro- Sincerely, to none, we understand the need to contin- visions will facilitate detection and monitor- ANTHONY LAKE, ually improve our capabilities. Through the ing of prohibited activities by providing the Assistant to the President for National Defense Acquisition Board process, the mili- U.S. access to certain information about dec- Security Affairs. tary is taking steps to ensure these improve- larations of CW production facilities and RESPONSES TO ISSUES RAISED BY MAJORITY ments continue. The Administration’s budg- storage sites as well as relevant chemical in- LEADER LOTT et request for FY 97 for our chemical defense dustry facilities and activities. The CWC’s inspection provisions permit The issues addressed in the attachment to programs is $505 million. access to both declared and undeclared fa- your letter concern chemical weapons pro- In this context, the following paragraph cilities and locations, thus making clandes- liferation challenges we must address, with from NIE 95–9/I of May 1995 is hereby declassified: ‘‘Production of new binary agents tine CW production and stockpiling more dif- or without the CWC. The CWC provides con- ficult, risky and expensive. Routine inspec- crete measures that will raise the costs and would be difficult to detect and confirm as a CWC-prohibited activity.’’ tions will enhance deterrence and detection risks of engaging in CW-related activities. of clandestine product by monitoring activi- 2. RUSSIAN INTENTIONS REGARDING CHEMICAL The CWC also will improve our knowledge ties and relevant chemical industry facili- WEAPONS about CW activities worldwide. This is why ties. These inspections will increase the cost the CWC has been strongly supported by It is important to keep in mind, when dis- and the risk of carrying out illicit chemical both President Bush and President Clinton. cussing Russian intentions regarding chemi- weapons activities. Since the CWC was submitted to the Sen- cal weapons, that there is not yet in force a Challenge inspections will further enhance ate in 1993, the Intelligence Community has treaty obligation prohibiting the possession deterrence and detection of prohibited ac- kept the Senate fully informed of its judg- of chemical weapons against which we can tivities by providing States Parties with the ments regarding the Convention. During the measure compliance. The CWC will establish right to request an international inspection past three years, the Intelligence Commu- such a prohibition and, most importantly, at any facility or location in another State nity has produced two NIEs and numerous the new tools to pursue any concerns we may Party in order to clarify and resolve a poten- other reports, testified in numerous public have about suspected CW activities, whether tial compliance concern. As the scope and and executive session hearings, answered in Russia or any other State Party. As the size of a program increases, it is more likely dozens of intelligence questions for the Intelligence Community has testified, the that illicit activities will be detected. Chal- record and provided a number of briefings on CWC will provide us with access to informa- lenge inspections are but one part of the precisely the issues you raise in the attach- tion not otherwise available which will help CWC’s comprehensive verification regime ment to your letter, as well as many others. us in our efforts to detect, deter and, if nec- which, in its totality, complements our on- Intelligence Community judgments on the essary, punish violations of the CWC. going intelligence monitoring effort in this CWC are not at odds with Administration Regarding the views of the Russian leader- area. As former DCI Woolsey testified before policy. In fact, Intelligence Community ship, President Yeltsin and other senior gov- the Senate Foreign Relations Committee on judgments play an integral role in the for- ernment officials have repeatedly expressed June 23, 1994: mation of policy regarding the Chemical support for the CWC. We will expect Russia ‘‘The CWC will, however, strengthen our Weapons Convention. The following re- and all other Parties to adhere to all the ability to deal with the problem that we sponses regarding the issues raised in the at- Convention’s provisions including those con- confront with or without the Convention: tachment to your letter may help clarify cerning CW development and production. the requirement to discover what states are this. The Russian Government has recently re- developing and producing chemical weapons 1. NOVEL AGENTS affirmed its commitment to become an origi- when these activities are difficult to distin- New chemicals of concern and novel agents nal Party to the CWC and announced it is guish from legitimate commercial endeav- are covered under the CWC; it is incorrect to seeking speedy submission of the Convention ors. The isolation and adverse attention that assert that because an agent is not on the to the Parliament for ratification. nonsignatories will draw upon themselves Schedules it is not subject to the CWC. The In this context, the following paragraph may spur greater multinational cooperation CWC captures new chemicals of concern and from NIE 95–9/I of May 1995 is hereby declas- in attempting to halt offensive CW pro- novel agents under the definition of a sified: grams. ‘‘chemical weapon’’ and prohibits the devel- ‘‘President Yeltsin has publicly endorsed ‘‘In sum, what the Chemical Weapons Con- opment, production, acquisition, stockpiling, CW disarmament and supported ratification vention provides the Intelligence Commu- retention, use and direct or indirect transfer and implementation of CW arms control nity is a new tool to add to our collection to anyone of chemical weapons. Concerns agreements to which Russia is a signatory. tool kit. It is an instrument with broad ap- that new chemicals of concern and novel The extent to which Yeltsin has attempted plicability, which can help resolve a wide va- agents were being used to violate the CWC to enforce his will on the bureaucracy is not riety of problems. Moreover, it is an univer- would provide a basis for bilateral consulta- clear. He may not be aware of the scope of sal tool which can be used by diplomats and tion and challenge inspection under Article ongoing CW activities, or if he is aware, he politicians, as well as intelligence special- X of the Convention. It would not be nec- may be unable to control them. We cannot ists, to further a common goal: elimination essary to show that such chemicals are listed exclude the possibility that Yeltsin approves of the threat of chemical weapons.’’ in the Schedules of the Convention to exer- of an offensive CW capability and will sup- In this context, the following paragraphs cise this option. port a covert program once the CWC enters from NIE 93–32J/I of August 1993 are hereby Furthermore, the CWC explicitly provides into force. He may accept the military’s ar- declassified: for expanding the lists of chemicals subject gument about the need to retain a CW capa- ‘‘The capability of the Intelligence Com- to declaration and verification as new CW bility. Moreover, being subjected to far more munity to monitor compliance with the agents are identified and to improve verifica- bureaucratic pressure to sustain the program Chemical Weapons Convention is severely tion procedures and equipment as new tech- than to do away with it, he may find it easi- limited and likely to remain so for the rest nology emerges and experience is gained. er to give way to military arguments.’’ of the decade.’’ As regards our chemical defense capabili- It should be noted, however, that detailed ‘‘The key provisions of the monitoring re- ties, the Department of Defense information on the views of key individuals gime—challenge inspections at undeclared Counterproliferation Program is, with Con- is limited and insufficient to document with sites—can be thwarted by a nation deter- gress’ support, already aggressively pursuing confidence their current personal and profes- mined to preserve a small, secret program an effective response to ensure that our sional positions for maintaining CW pro- using the delays and managed access rules troops are the best protected and best grams. allowed by the convention.’’ equipped fighting force for operations in a 3. VERIFICATION 4. TERRORISM nuclear, biological, or chemical environ- No treaty is 100 percent verifiable. While The CWC will increase the difficulty for ment. The National Defense Authorization the Intelligence Community has indicated terrorists and proliferators of acquiring Act for FY 94 led to the formation of the that CW development and production is and chemical weapons and significantly improve Joint Nuclear Biological and Chemical (NBC) will remain difficult to distinguish from le- our law enforcement ability to investigate Defense Board, the Joint Services Integra- gitimate commercial activities, they have si- and prosecute chemical terrorists even be- tion Group and the Joint Services Material multaneously noted the importance of ac- fore chemical weapons are used. Japan serves Group. These boards, which have representa- quiring the CWC as a new collection tool to as an example of the importance of this trea- tives from the Services, Joint Staff and OSD, aid their efforts to monitor CW proliferation, ty and its implementing legislation in com- are working to identify the needs of the mili- which we must do, with or without the CWC. bating the terrorist threat. Within 10 days of tary for chemical/biological defense and are The CWC’s verification provisions con- the poison gas attacks in the Tokyo sub- providing input to the Defense Acquisition stitute the most comprehensive and intru- ways, the Japanese enacted the CWC imple- Board process through the Secretary of De- sive verification regime every negotiated, menting legislation. The Japanese completed fense. covering virtually every aspect of a CW pro- ratification of the CWC a month later. The U.S. military is well aware that it gram, from development through production No treaty is foolproof. However, the CWC may be called upon to operate in a hostile and stockpiling. and its implementing legislation will provide April 24, 1997 CONGRESSIONAL RECORD — SENATE S3599 significant benefits in dealing with the likely to report any suspected chemical 5. ROGUE STATES threat of chemical terrorism. Implementing weapons-related activities. The Administration recognizes the possi- legislation will strengthen our legal author- The nonproliferation provisions of the CWC bility that not all States Parties may comity to investigate and prosecute persons who will deny terrorists easy access to chemical ply with their CWC obligations immediately commit acts prohibited by the treaty. It will weapons by requiring Parties to eliminate upon the Convention’s entry into force. How- also make the public more aware of the national stockpiles and by controlling inter- ever, information acquired through the threat of chemical weapons and of the fact national transfers of certain chemicals than CWC’s declaration and inspection provisions that the acquisition of such weapons is ille- can be used to make chemical weapons. In will supplement our national intelligence re- gal . particular, the CWC requires Parties to cease sources and place us in a better position The following are among it significant ben- transfers of certain CW agents and CW pre- than we are now to deter and detect clandes- efits: cursor chemicals to non-Parties and restrict tine chemical weapons programs. Moreover, Investigation. The proposed U.S. imple- such transfers to Parties. In addition, report- unlike any previous arms control agreement, menting legislation contains the clearest, ing is required on anticipated production the CWC provides a range of punitive meas- most comprehensive and internationally rec- levels of Schedule 1, 2 and 3 chemicals and ures including trade sanctions that can be ognized definition of a chemical weapon anticipated imports and exports of Schedule imposed against a Party to the treaty who available. The definition contained in the 1 and 2 chemicals. These measures will help fails to meet its treaty obligations. implementing legislation will enable an in- restrict access to key chemicals, while also In short, as former DCI Woolsey and other vestigator to request a search warrant on the helping to alert law enforcement and other intelligence officials have pointed out, the basis of reasonable suspicion of illegal chem- government officials to suspicious activities. CWC will provide a useful tool in our inven- ical weapons activity (such as production of Finally, one of the key tools in combating tory of means to stem the worldwide expan- chemical weapons agent), rather than sus- terrorism is early intelligence. The CWC will sion of chemical weapons capabilities and to picion of an attempt or conspiracy to use a provide access to international declaration assist in monitoring CW programs world- weapon of mass destruction, as under cur- and inspection information and will wide, whether inside or outside the CWC. rent U.S. law. By providing law enforcement strengthen the intelligence links between officials and prosecutors an actionable legal the United States and the international com- U.S. SENATE, basis for investigating the development, pro- munity that will help us detect and prevent OFFICE OF THE MAJORITY LEADER, duction, transfer of acquisition of chemical chemical attacks. By tying the United Washington, DC, January 8, 1997. weapons, CWC implementing legislation im- States into a global verification network and Hon. WILLIAM JEFFERSON CLINTON, proves prospects for detection, early prosecu- strengthening our intelligence sharing with President of the United States, tion and possibly even prevention of chemi- the international community this treaty can The White House, Washington, DC. cal terrorism in the United States. be an early warning that is essential for DEAR MR. PRESIDENT: Following our phone Prosecution. The proposed U.S. implement- combating terrorism. conversation, I arranged a meeting later ing legislation will also aid prosecution. Be- In this context, the following paragraph today with your Acting National Security cause possession of a chemical weapon from DIA PC–1563–4–96 of February 1996 is Adviser, Sandy Berger, to discuss the Chemi- (whether or not it is intended to be used) hereby declassified: cal Weapons Convention. Before that meet- would be prohibited under the Convention, it ‘‘Irrespective of whether the CWC enters ing however, I wanted to inform you person- into force, terrorists will likely look upon would also be illegal under the CWC imple- ally of how your Administration’s actions on CW as a means to gain greater publicity and menting legislation and thus would provide a critical arms control issues have com- instill widespread fear. The March 1995 sufficient basis for prosecution. Currently, plicated efforts to work cooperatively. Tokyo subway attack by the Aum Shinrikyo As you know, many Members of the 104th prosecutors must rely on legislation in- would not have been prevented by the CWC.’’ Congress have expressed concern over the se- tended for other purposes, such as a law I would also invite your attention to the curity implications of certain arms control against conspiracy to use a weapon of mass following conclusions concerning the impact positions taken by your Administration. The destruction. of the CWC contained in the May 1996 report security concerns are aggravated by your Penalties. Under the proposed U.S. imple- issued by the Director of Central Intelligence Administration’s unwillingness to seriously menting legislation, any person who know- Interagency Committee on Terrorism enti- consider our views on the appropriate Con- ingly engages in prohibited CW-related ac- tled ‘‘Aum Shinrikyo: Insights to the Chemi- stitutional role of the Senate in providing tivities far short of actual use of a chemical cal and Biological Terrorist Threat’’: advice and consent on treaties. I would point weapon could be subject to the maximum ‘‘The Chemical Weapons Convention (CWC) to three important issues: demarcation lim- punishment of life in prison or any term of is designed to regulate and monitor the pro- its to the Anti-Ballistic Missile Treaty of years. In contrast, under existing U.S. legis- curement, production, and use of some 1972 (ABM Treaty); multilateralization of the lation, equivalent penalties require proof of chemicals used in CW production with vary- ABM Treaty; and flank limits to the Conven- use or an attempt or conspiracy to use a ing degrees of intrusiveness, depending on tional Armed Forces in Europe Treaty of 1990 weapon of mass destruction. Thus, it would which of the three Schedules of Chemicals a (CFE Treaty). In each of these cases, your be difficult under current law for prosecutors compound is listed. Within five years of the Administration has negotiated substantive to prove that a violation of the law has oc- CWC’s entry into force, transfer of all Sched- modifications of the treaties, and then taken curred unless a scheme to use chemical ule 1 and 2 chemicals to non-States Party questionable legal positions that render Sen- weapons is well advanced. will be banned, and transfer of Schedule 3 ate advice and consent an option that can be Trade Controls. The proposed U.S. imple- chemicals to non-States Party will require ignored rather than a constitutional obliga- menting legislation would also supplement end-use certificates. In addition, all sites tion that must be fulfilled. existing export/import control laws and reg- within a State Party are subject to challenge Congress has legislated on the proposed de- ulations by strictly controlling the import inspections initiated by another State Party marcation limits and the proposed and export of those chemicals posing the with substantive information that illegal ac- multilaterization of the ABM Treaty. Sec- greatest risk (listed in Schedule 1 of the tivities are taking place by the government tion 232 of the National Defense Authoriza- CWC) and also regulating the production, ac- or any other group. The Convention’s provi- tion Act for Fiscal Year 1995 (P.L. 103–337) quisition, retention, transfer or use of such sions probably would make it more difficult addresses both issues. It states ‘‘the United chemicals within the U.S. Fines of up to and costly for terrorists to acquire CW by in- States shall not be bound by any inter- $50,000 could be imposed for unlawful produc- creasing the risk of detection, but a deter- national agreement entered into by the tion, acquisition, transfer, etc. of such mined group could circumvent the provi- President of the United States that would chemicals. sions. substantively modify the ABM Treaty unless Emergency Authority. The proposed U.S. ‘‘The CWC mandates that each State Party the agreement is entered into pursaunt to implementing legislation contains authority establish national laws to prohibit anyone the treaty making power of the President to seize, forfeit and destroy chemical weapon its territory or any citizen abroad from under the Constitution.’’ ons. This important provision protects the developing, producing, stockpiling, acquiring Section 235 of the National Defense Au- constitutional rights of property owners or using CW. Each State Party must develop thorization Act for Fiscal Year 1996 (P.L. while allowing law enforcement officials to and pass national legislation to ensure the 104–106) addresses demarcation and states seize and destroy a chemical weapon under implementation of all CWC obligations and ‘‘any international agreement that would exigent circumstances (i.e. where harm is provisions. Depending on the quality of the limit the research, testing, or deployment of imminent or likely). This provides addi- legislation and its enforcement, the institu- missile defense systems, system upgrades, or tional authority to prevent a potential cation of these laws would help establish a po- system components that are designed to tastrophe and save lives. litical and legal basis for the prosecution of counter modern theater ballistic missiles in Public Awareness. Tips by concerned pri- a terrorist group. a manner that would be more restrictive vate citizens are the lifeblood of successful ‘‘In the case of Aum Shinrikyo, the CWC than the compliance criteria specified in police investigations. Ratification of the would not have hindered the cult from pro- paragraph 1 should be entered into only pur- CWC and enactment of its implementing leg- curing the needed chemical compounds used suant to the treaty making powers of the islation will ensure, due to reporting and in- in its production of sarin. Further, the Aum President under the constitution.’’ spection requirements and penalties for vio- would have escaped the CWC requirement for The position of Congress concerning the lations, that private companies and con- an end-use certification because it purchased substantive modifications your Administra- cerned citizens are more alert to and more the chemical within Japan.’’ tion has sought to the ABM Treaty is clear: S3600 CONGRESSIONAL RECORD — SENATE April 24, 1997 Senate advice and consent is needed for their vice and consent of the United States Sen- States party to the CFE Treaty agreed to ex- entry into force. Despite this clear position, ate. tend the deadline for confirmation of ap- your Administration continues to argue that Second, I have repeatedly pointed out that proval to May 15, 1997. In recent months, it Senate advice and consent is not necessary the CWC is currently under consideration by has become evident that the flank agree- in the case of multilateralization, and is but the Committee on Foreign Relations. Ac- ment underpins the new negotiations in Vi- one among several options you might choose cordingly, it is essential that you and your enna on ‘‘CFE adaptation,’’ which in turn in the case of demarcation. This is unaccept- administration honor the publicly-stated underpins NATO’s efforts to define the new able. commitments to work closely and expedi- security environment in Europe as NATO en- With specific reference to the Agreed tiously with Chairman Helms on issues be- larges. In addition, both adaptation of the Statement on Demarcation reached last fore the Committee, including the presen- CFE Treaty and the admission of new states summer, section 406 of the Department of tation of a plan to reorganize U.S. foreign af- to NATO will be effected through agreements State and Related Agencies Appropriations fairs agencies. Until that occurs, Chairman that will be submitted for the advice and Act, 1997 (P.L. 104–208) prohibits expending Helms has made it clear to me that he is un- consent of the Senate. The situation and funds on the Standing Consultative Commis- likely to consider next steps in the CWC timing is therefore different from when the sion ‘‘unless the President provides to the process. Administration submitted the CFE flank Congress a report containing a detailed anal- As I have said privately and publicly, bi- agreement for legislative approval last Au- ysis of whether * * * the Agreed Statement partisanship must be a two-way street. I gust. Accordingly, the Administration is pre- regarding Demarcation agreed to by the look forward to hearing from you soon on pared, without prejudice to its legal position Standing Consultative Commission on June these important issues. With best wishes, I vis-a-vis the approval options we believe are 24, 1996 * * * will require the advice and con- am, available to us, to seek Senate advice and sent of the Senate of the United States.’’ The Sincerely, consent to the flank Document provided the report submitted on your behalf did not an- TRENT LOTT. Senate will act on this crucial matter before swer this question. May 15. Finally, the May 31, 1996 Conventional THE WHITE HOUSE, MOU ON ABM SUCCESSION Forces in Europe flank agreement contains Washington, March 25, 1997. As noted in the President’s November 25, negotiated amendments and significant Hon. TRENT LOTT, 1996 report to Congress submitted in accord- changes to the 1990 CFE Treaty. Yet, again Majority Leader, U.S. Senate, ance with Section 406 of the FY 1997 State your Administration has taken the legal po- Washington, DC. Appropriations Act (the ‘‘Livingston Re- sition that Senate advice and consent is not DEAR MR. LEADER: The President has port’’—hereafter referred to as ‘‘the Re- necessary. asked me to reply to your letter concerning port’’), executive agreements recognizing the Mr. President, I have pledged to work with the Chemical Weapons Convention (CWC) succession of new States to the treaty rights you in a bipartisan fashion on a wide range and the role of the Senate under the Con- and obligations of their predecessors have of challenges facing our country. Nowhere is stitution in giving its advice and consent to traditionally not been treated as treaty such cooperation more important than in treaties. Our staffs have held some discus- amendments or new treaties requiring Sen- foreign policy and national security. But bi- sions on this matter, but I want to address in ate advice and consent. Rather, they have partisanship must be a two-way street. Your more detail each of the three treaty issues been treated as the implementation of exist- Administration has now re-started a public you raise in the letter: the CFE flank agreeing treaties, which is recognized as an exclu- campaign to gain Senate advice and consent ment, ABM multilateralization and ABM/ sively Presidential function under the Con- for the Chemical Weapons Convention. As TMD demarcation. stitution. The Report elaborates the specific you seek bipartisan cooperation, you must CFE FLANK AGREEMENT reasons why this conclusion applies in the understand our expectation for such coopera- case of the June 24, 1996 Memorandum of Un- On May 31, 1996, the United States, our tion on ABM multilateralization, ABM de- derstanding (MOU) on ABM Succession NATO allies, Russia and the 13 other States marcation, and CFE flank limits. reached ad ref between the United States, Party to the CFE Treaty approved a docu- Senate advice and consent arms control Russia, Ukraine, Belarus and Kasakstan in ment in Vienna culminating more than two treaties after their negotiation and after the Standing Consultative Commission years of intensive negotiations on the CFE their substantive modification is not an op- (SCC). It also explains why the MOU does not tion—it is a requirement of our Constitution. flank issue. The centerpiece of this agree- constitute a substantive modification of the I am sure you understand that it will be very ment was a realignment of the CFE map (de- ABM Treaty. difficult to explore the possibility of Senate picting the territory of the former USSR in In dealing with matters of succession, a action on the Chemical Weapons Convention the CFE area), which has the effect of reduc- key U.S. objective has been to reconstitute without first addressing legitimate security ing the size of the flank zone. The CFE par- the original treaty arrangement as closely as and Constitutional concerns on other impor- ties had deliberately not included this map possible. This was true with respect to the tant arms control issues. I stand ready to as part of the Treaty when it was signed in elaboration of the ad ref MOU as well and, work with you and your national security 1990, and the Bush Administration did not accordingly, the MOU works to preserve the team in a comprehensive manner to address submit the map to the Senate in 1991 as part original object and purpose of the ABM Trea- arms control issues in the 105th Congress. of the formal documents for advice and con- ty. We hope that the breakthrough on ABM/ With best wishes, I am, sent. Accordingly, legal counsels in the Clin- TMD demarcation achieved at the Helsinki Sincerely, ton Administration’s national security agen- Summit will set the stage for a meeting at TRENT LOTT. cies determined last year that a change to which all parties would sign this MOU. The the map does not constitute a formal amend- Administration continues to believe that the U.S. SENATE, ment to the Treaty. agreement does not require the advice and OFFICE OF THE MAJORITY LEADER, At the same time, we determined that a re- consent of the Senate, or any other form of Washington, DC, March 18, 1997. alignment of the map did constitute a congressional approval, to enter it into Hon. WILLIAM JEFFERSON CLINTON, change in a ‘‘shared understanding’’ formed force. President of the United States, The White with the Senate at the time the Senate gave House, Washington, DC. its advice and consent to the Treaty. That THE WHITE HOUSE, DEAR MR. PRESIDENT: As you know, we ‘‘shared understanding’’ established that the Washington, April 24, 1997. have been working in good faith to try to es- Treaty would be applied and interpreted on Hon. TRENT LOTT, tablish a process under which the Senate the basis of the original map. According to Majority Leader, U.S. Senate, might consider a resolution of ratification the 1988 ‘‘Biden Condition’’ on treaty inter- Washington, DC. for the Chemical Weapons Convention pretation (which was attached by the Senate DEAR MR. LEADER: During Senate ratifica- (CWC). to its resolution of ratification for the INF tion proceedings on the Chemical Weapons As we consider the next steps in this proc- Treaty), Senate consent or congressional ap- Convention (CWC), concerns have been raised ess, I want to remind you of two problems proval is required to change a shared under- over Article X, which provides for certain that remain unresolved. First, on January 8, standing. types of defensive assistance in the event 1997, I wrote to you expressing concerns When the Administration submitted the that a State that has joined the treaty and about your administration’s approach to a CFE flank document for legislative approval renounced any chemical weapons (CW) capa- number of critical arms control issues, in- last August, we were faced with a time-ur- bility is threatened with or suffers a chemi- cluding demarcation limits and gent situation: by its own terms, the docu- cal weapons attack, and Article XI, which multilateralization of the Anti-Ballistic Mis- ment required all States parties to confirm encourages free trade in non-prohibited sile Treaty of 1972 (ABM Treaty) and about their approval by December 15; yet very lit- chemicals among states that adhere to the the flank limits to the Conventional Armed tle time remained before the adjournment CWC. Some have suggested that these Arti- Forces in Europe Treaty of 1990 (CFE Trea- sine die of the 104th Congress. In this cir- cles could result in the CWC promoting, ty). To date, I have not received a response. cumstance we chose to seek statutory ap- rather than stemming, CW proliferation de- Each of these significant treaty modifica- proval by both houses, as is explicitly per- spite States Parties’ general obligation tions are subject to the constitution’s shared mitted under the Biden Condition. under Article I ‘‘never under any cir- treaty making power and, accordingly, can- We now face a complex situation. At the cumstances . . . to assist, encourage or in- not enter into force until receiving the ad- Lisbon OSCE Summit in December, the 30 duce, in any way, anyone to engage in any April 24, 1997 CONGRESSIONAL RECORD — SENATE S3601 activity prohibited to a State Party under to the Foreign Relations Committee summit, will provide the Senate an op- this Convention.’’ calendar at the end of the 104th Con- portunity to consider the administra- To respond to these concerns, the Adminis- gress. tion’s approach toward negotiating tration has worked closely with the Senate to develop conditions relating to both Arti- In January of this year, the Presi- constraints on our defensive systems cles that have now been incorporated in the dent and his national security advisers pursuant to the administration’s inter- resolution of ratification (Agreed Conditions made it clear that the Chemical Weap- pretation of the ABM Treaty. I am sure #7 and 15). These two conditions would sub- ons Convention remained a top prior- we will have quite an interesting and stantially reinforce and strengthen the trea- ity. On January 8, 1997, I wrote to the lively debate on that, but certainly we ty by: prohibiting the United States under President explaining some of our arms should take advantage of our respon- Article X from (a) providing the CWC organi- control priorities, including the sub- sibilities to do just that. Along with zation with funds that could be used for chemical weapons defense assistance to mission of three significant treaty many of my colleagues, I have ex- other States Parties; and (b) giving certain modifications for advice and consent: pressed grave doubts about the wisdom states that might join the treaty any assist- The ABM Demarcation Agreement, the of this administration’s approach in ance other than medical antidotes and treat- ABM Multilateralization Agreement that area. Now, however, we have a full ment; and requiring the President to (a) cer- and the flank agreement to the Con- opportunity to debate the policy and tify that the CWC will not weaken the export ventional Forces in Europe Treaty. The this treaty in the ratification process. controls established by the Australia Group administration had previously refused The President still does not agree and that each member of the Group intends that they should send forward the trea- to maintain such controls; (b) block any at- to submit these treaties for Senate tempt within the Group to adopt a contrary ratification. ty dealing with multilateralization. We position; and (c) report annually as to I wrote at that time. think the Constitution requires it; his whether Australia Group controls remain ef- Bipartisanship is a two-way street. Your lawyers disagree. We will continue to fective. administration has now restarted a public press the administration to accept our With respect to the latter condition, I am campaign to gain Senate advice and consent position in this area, and they under- pleased to inform you that we have now re- for the Chemical Weapons Convention. As stand we should keep talking about it. ceived official confirmations from the high- you seek bipartisan cooperation, you must If this provision is contained in the est diplomatic levels in each of the 30 Aus- understand our expectation for such coopera- tralia Group nations that they agree that final agreement that is submitted to tion on ABM multilateralization, ABM de- the Senate for advice and consent in the Group’s export control and nonprolifera- marcation and CFE flank limits. tion measures are compatible with the CWC connection with demarcation, it will and that they are committed to maintain On March 18, I again wrote the Presi- give us an opportunity to debate it. such controls in the future. dent reminding him that I had not re- On U.N. reform, our now Secretary of While supporting these guarantees and ceived a response to that January 8 let- State Madeleine Albright asked that safeguards, you expressed the concern on ter. I also pointed out that ‘‘it is essen- we begin to actually meet and talk Sunday that nations might still try to use tial that you and your administration about U.N. reform; that we meet with a Article X or XI to take proscribed actions honor the publicly stated commit- that could undercut U.S. national security U.N. presiding officer; that he come interests, notwithstanding the best efforts of ments to work closely and expedi- and visit with us. He did. We have U.S. diplomacy to prevent such actions. I tiously with Chairman HELMS on issues started a process between the House am, therefore, prepared to provide the fol- before the committee, including the and Senate, Republicans and Demo- lowing specific assurance related to these presentation of a plan to reorganize the crats, our chairmen and ranking mem- two Articles: U.S. foreign affairs agencies. bers, to take a look at what should be In the event that a State Party or States From the beginning of the 105th Con- Parties to the Convention act contrary to done with regard to the arrearages we the obligations under Article I by: gress, I made clear as best I could to all may or may not owe, how can we deal (A) using Article X to justify providing de- who would listen in the administration with the U.S. assessment at the United fensive CW equipment, material or informa- that bipartisanship could not mean Nations that could be fairer, and we tion to another State Party that could result forcing the Senate into acting on ad- are working from a comprehensive Re- in U.S. chemical protective equipment being ministration-chosen priorities if we did publican document as a basis for the compromised so that U.S. warfighting capa- not likewise have an opportunity to discussions. I think we see some action bilities in a CW environment are signifi- consider issues that are important to cantly degraded; already occurring. The Secretary Gen- (B) using Article XI to justify chemical the Senate, in fact, issues we think eral has been working at it, and I think transfers that would make it impossible for have long since been sent to us for ac- he understands we are very serious me to make the annual certification that the tion with regard to arms control trea- about U.N. reform. Australia Group remains a viable and effec- ties. On State Department reorganization, tive mechanism for controlling CW prolifera- We stated that we thought it was I am very pleased that the administration; or vital that we get State Department re- (C) carrying out transfers or exchanges tion has proposed, I think, some major under either Article X or XI which jeopardize organization and real reform at the changes. Chairman HELMS, and many U.S. national security by promoting CW pro- United Nations. This was not a quid others, have worked to streamline our liferation: pro quo but a simple statement of re- foreign policy bureaucracy, and now it I would, consistent with Article XVI of the ality. Working in a cooperative fash- looks like we are going to have a CWC, regard such actions as extraordinary ion, as we must, means that both sides chance to do that. events that have jeopardized the supreme in- have to be forthcoming on issues in The Agency for International Devel- terests of the United States and therefore, in consultation with the Congress, be prepared these foreign policy very important, opment, the Arms Control and Disar- to withdraw from the treaty. critical areas. mament Agency and the U.S. Informa- Sincerely, Let me briefly review the status of tion Agency were started and organized BILL CLINTON. each of these three related issues. On during the cold war. Barely more than Mr. LOTT. On September 12, the day the arms control treaties, the adminis- a year ago, President Clinton vetoed a the Senate was scheduled to begin de- tration did reconsider their positions bill which would have mandated the bate on the convention, Secretary of very carefully and they came back and dismantling of only one foreign affairs State Christopher called me and asked agreed to send the Conventional Forces agency. Last week, however, thanks to that the vote be canceled. I quizzed in Europe Flank Agreement to the Sen- the efforts of Secretary of State Mad- him. I wanted to make sure that was ate for advice and consent. Hearings eleine Albright and the involvement of what the administration was asking have already been scheduled on this the President, the President agreed to and that I would be able to come out to treaty, and I expect a resolution of abolish both the USIA and ACDA and the floor of the Senate and explain that ratification to be before the full Senate to fold many of AID’s functions into is why it was being done. It was can- in the near future. President Clinton the State Department. This will make celed because it was clear, in my opin- agreed to submit the agreed statement our scarce resources go farther, in- ion, the convention was likely to be re- on demarcation to the Senate for ad- crease coordination and help ensure jected at that time by the Senate. vice and consent. This treaty, agreed American interests, not bureaucratic I acceded to the Secretary’s request. to in principle between Presidents interests, are behind our foreign policy We canceled the vote, and it went back Clinton and Yeltsin at the Helsinki decisionmaking. S3602 CONGRESSIONAL RECORD — SENATE April 24, 1997 On each of these parallel issues—and intelligence shared with the inter- these changes addresses concerns I call them parallel, that is the way national organization established raised by treaty opponents last year they have always been discussed—we under the CWC. and addresses my own concerns. In ad- have made progress. I think it is im- Fourth, on maintaining robust chem- dition, the Senate is considering this portant that we realize that. Thanks to ical defenses, condition 11 mandates a convention in a manner agreed to by the persistence of the chairman and series of steps including negotiations all 100 Senators. We first considered, thanks to a Secretary of State that is with our allies, planning for chemical and passed, as I said earlier, S. 495, the working with us now, we have made weapons in war game scenarios and Chemical and Biological Weapons progress with U.N. reform, with State high-level leadership of the U.S. Threat Reduction Act of 1997 sponsored Department reorganization, and the Army’s Chemical School. by Senator KYL. We are considering the fact we will be able to consider these Fifth, on information sharing, an resolution of ratification drafted by treaties. No serious observer can claim area that has worried me the most and Senator HELMS. Think about that. We that we have not moved forward in right up until this very moment, are considering that resolution that he these areas. progress has been made in two ways. drafted and that he had in the commit- There have been important changes First, with regard to these articles X tee. That is what we brought to the in the Chemical Weapons Convention and XI, condition 7 makes crystal clear floor, and the process requires that mo- over the past few months. Last Sep- that nothing in the CWC undermines tions to strike be offered to take provi- tember, I worked closely with Senators U.S. export control laws, and that the sions out. Much progress has been HELMS, KYL and others in opposition to informal Australia Group export con- made, and many Senators have been the treaty. Had we not canceled the trols will continue. Condition 15 helps cooperative. vote, I would have voted against it, and to ensure that defensive assistance But there should be no mistake, seri- I believe that it would have failed. under the convention will be strictly ous problems remain with this conven- In the aftermath of that debate, some limited. So I invite my colleagues who tion. Unfortunately, key protections in in the White House blamed political may still have some doubts to look at the resolution of ratification may be motivations. The President said it was these conditions—conditions 7 and 15— stricken out in our debate today, and partisan politics involving America’s dealing with information sharing and we will have some more votes in a few security. But, fortunately, calmer how we have restrictions on the defen- minutes. Condition 33 on verification requires heads have prevailed this year. The ad- sive assistance. ministration did come to the table and Sixth, on financing Russian imple- the President to certify the same standard of verification developed they have negotiated with us. They mentation, which I think is a ridicu- under the Reagan-Bush administra- recognize the legitimate concerns that lous idea personally on its face, but tions—high confidence in detecting were ignored last year. So we have en- condition 14 precludes the United militarily significant violations in a gaged in a process of member-and-staff- States from making any commitment timely manner. Detecting the produc- level discussions that have had a major to finance Russia’s chemical weapons tion and stockpiling of chemical weap- impact on this convention. destruction program in an effort to se- There are 28 agreed items in this res- ons may be more difficult than detect- cure Russian ratification of CWC. olution of ratification that were not ing the existence, obviously, of nu- Seventh, conditions 1, 17, 6, and 20 there last September. Senator KYL, clear-armed warheads. preserve Senate prerogatives in this Senator HELMS, and Senator BIDEN But I will vote to retain the verifica- and in future treaties. They preserve have been working together on this. tion standard that has served our coun- our right to pass reservations to trea- They reached agreements. Some of try well in previous arms control ties, to ratify future amendments to them Senator BIDEN said, ‘‘Yes, we agreements. I understand why my col- the CWC and to make clear the execu- should do this,’’ and the administra- leagues might not agree with that and tive branch cannot commit to appro- tion didn’t particularly agree. Others they might vote in a way that would priations in advance of congressional in the administration said, ‘‘Yes, we lower this verification standard, but it action. should do it,’’ and some of our col- is a serious problem. Eighth, on noncompliance, condition leagues did not agree with it. There has Condition 30, which we just voted on, 13 requires a series of steps to be taken been a give and take, but real progress I think should have been kept in the by the United States in the event of has been made. document. Many of these items have addressed noncompliance by a party to the con- Condition 29 conditions U.S. partici- the concerns that have been cited by vention. Condition 13 mandates unilat- pation in the convention upon dem- opponents as reasons to oppose the eral actions and requires the United onstrated actions by the country with CWC last year. I have gone over some States to seek a series of multilateral the largest chemical weapons arsenal of the letters, some of the memos I actions to deal with CWC violations. on Earth—Russia. Russia has not im- have received—and I have received a Ninth, conditions 3 and 22 address fi- plemented the Bilateral Destruction lot of them—and point by point has nancial concerns about the Organiza- Agreement signed in 1990. Russia has been addressed, maybe not 100 percent, tion for the Prohibition of Chemical not submitted accurate data on chemi- maybe not to their total satisfaction, Weapons set up under this convention. cal weapons. That is a real concern, but progress has been made. I will not One sets a binding limit on the U.S. as- and we have reason to believe they are go down the whole list of 28, but I want sessment to ensure we are not creating devoting resources now to develop new to list some of the more critical ones another international entitlement pro- chemical agents which are outside the where real progress has been made. gram, and the other requires an inde- scope of CWC. I support retaining this First, on search and seizure, condi- pendent inspector general be created to condition because I believe it makes tion 28 requires search warrants for all increase accountability of the OPCW. sense to expect Russia to live up to involuntary searches of American fa- Finally, condition 10 requires an an- past agreements before entering into cilities. We were worried about a con- nual report of condition that, for the new ones. stitutional problem here. Now it has first time in arms control, shifts the I strongly support condition 31 which been addressed. burden of proof to making the adminis- would require the President to exercise Second, on our ability to use riot tration certify compliance. As previous the power given in the verification control agents, condition 26 ensures experience has demonstrated, the arms annex to the convention to bar inspec- that the U.S. policy since 1975 remains control bureaucracy has refused to find tors from terrorist states and from in effect. Our military can use non- clear evidence of noncompliance. This states which have violated U.S. pro- lethal agents, such as tear gas, to res- condition will change and will ensure liferation law, particularly, I hope and cue downed pilots. Certainly, that our vigilance on monitoring issues. think that we can defeat the motion to should have been in there all along. I Each of these conditions makes the strike here. It is not a killer amend- don’t know why there was resistance to resolution before us today a better doc- ment and we ought to retain the right it, but it has been addressed. ument, there is no doubt about it, cer- to bar those inspectors. Third, on intelligence sharing, condi- tainly better than the document we Finally, there is the most serious tion 5 places strict limits on all U.S. were considering last fall. Each of question of articles X and XI, whether April 24, 1997 CONGRESSIONAL RECORD — SENATE S3603 these provisions on information shar- formed about the treaty’s flaws. I I believe this convention will in- ing will increase the likelihood of, in talked with President Clinton, Sec- crease the cost of covert chemical fact, chemical weapons proliferation. retary Albright, and Joint Chiefs of weapons programs, and it will increase Over the past few weeks, I made it Staff Chairman Shalikashvili. our chances of detecting such pro- clear to the administration as best I Republican Senators, with long expe- grams. could the legitimate concerns about rience in national security matters, are I think there is a long list of good the impact of articles X and XI had to divided. On this issue, reasonable peo- reasons why we should do this today. I be addressed more than what was in ple can and do disagree, and reasonable have struggled with it. I would like to the condition. I support delaying our people will vote on opposite sides. take just a minute, if I can, to talk on ratification until the CWC is renegoti- After our negotiations, hearings, and a personal note. ated to deal with these articles. For ob- discussions, it is time to make deci- Many people in the media have tend- vious reasons, the administration does sions—decisions that will be important ed to say, well, you know, this is going not want to do that, and probably the to the future of our men and women in to determine the fate of various and majority of the Senate would not want uniform, and the future security of our sundry Senators and tell a lot about to do that. country. leadership. It has been exaggerated. But this very morning, I received a I have decided to vote in support of I have talked to a lot of Senators one letter from President Clinton which I the Senate giving its advice and con- on one. Not one of them—not one of think is significant. The President sent to the Chemical Weapons Conven- them—has said that they would vote on made specific assurances that the Unit- tion. I will do so not because I believe it on any basis other than what is best ed States would exercise its right to it will end the threat posed by chemi- for our country. withdraw from the convention if any cal weapons or rid the world of poison The way the Senate works, we debate one of three things occurred: If coun- gas. I will do so not because I believe these issues—we read, we study, we tries used ‘‘article X to justify provid- this treaty is verifiable enough or even argue, we go back and forth. We set up ing defensive chemical weapons equip- enforceable enough. And I will not do a fair process, and then we come to a ment, material, or information to an- so because I believe there are no addi- conclusion. We make a decision. We other state party that could result in tional proliferations concerns related vote on it. And I do not think it is fair U.S. chemical protective equipment to articles X and XI. to exaggerate any one Senator’s role in being compromised. . .’’; I will vote for the convention because this whole effort. If countries use article XI to justify I believe there will be real and lasting I think the Senate should be com- chemical transfers which undermine consequences to the United States if plimented today for the way it has the Australia Group. we do not ratify the convention. In a handled this. I think that Madison, and If countries carried ‘‘out transfers or very real sense, the credibility of com- others, placed their faith in this insti- exchanges under either article X and mitments made by two Presidents of tution. And I think it has worked well. XI which jeopardize U.S. national secu- our country—one Republican and one The efforts of Senator HELMS and rity by promoting chemical weapons Democrat—is at stake. Senator KYL have been heroic. They proliferation; I will vote for the convention because have done a magnificent job. Others These are specific and probably un- the judgment of the most senior former that have supported the convention precedented. Yes, it is a letter. It is not and current military commanders be- have done their part, too. in the document, but it is signed by the lieve it will make our soldiers, sailors, I think that this process has helped President of the United States in very airmen, and marines more safe in po- the Senate as an institution to exercise strong language that, frankly, I was tential battlefields and less likely to the leadership assigned to it by the pleased but somewhat surprised that he face the horrible prospect of chemical Constitution. And that, I submit, is the agreed to say, I will withdraw after weapons. only real test of leadership that truly consultation with the Senate. If any I will vote for the convention because matters. one of these things happen, he is the I believe the United States is margin- I urge the adoption and ratification President and his assurances in foreign ally better off with it than without it. of this treaty. policy must make a difference. They It will provide new tools to press sig- Mr. HELMS addressed the Chair. address countries even justifying trans- natories for compliance. It will enable The PRESIDING OFFICER. The Sen- fers where there is concern. They ad- us to gain access to sites and informa- ator from North Carolina. dress transfers which promote chemi- tion we are currently unable to exam- Mr. HELMS. I suggest the absence of cal weapons proliferation. ine. a quorum. Mr. President, I think this is a very Through the important and enlight- The PRESIDING OFFICER. The important document. I have made that ening debate we have had over the past clerk will call the roll. letter available to our colleagues. I few months, I am convinced the con- The bill clerk proceeded to call the have more copies. vention will bring new focus and enroll. Every Member has struggled with ergy to this administration’s non- Mr. HELMS. Mr. President, I ask one fundamental question: Are we bet- proliferation efforts. We have certainly unanimous consent that the order for ter off with or without this conven- heightened the awareness and knowl- the quorum call be rescinded. tion? In my mind, there is no easy an- edge of the concerns we have. One year The PRESIDING OFFICER. Without swer. I want to know that my children ago, few of us even knew about the objection, it is so ordered. and our country will be better off, and Australia Group. Now we have commit- Mr. HELMS. We have a small dif- that we will be better able to deal with ted ourselves and the administration to ficulty which can be remedied in short chemical weapons with it, but I have keeping the Australia Group as a via- order. Without going into a great deal my doubts. ble tool to limit access to chemicals of detail, we are trying to adjust the Experts, whose opinions I respect and technology. time back to have accommodated the deeply, are divided on the question. Yes, the CWC may give legal cover to majority leader and his remarks. Over the last 2 weeks, I have had many proliferators in Teheran or in Beijing. So I ask unanimous consent that— conversations to discuss this conven- But they have undertaken such efforts how much time did we agree to? tion. I spoke with Presidents Bush and in the past and no doubt will do it Mr. BIDEN. That the remaining time Ford. I talked with my good friend, again in the future. that the chairman have be 35 minutes, former Secretary of Defense Dick Che- I believe our allies in Europe are the remaining time under the control ney, former Secretary of Defense Cap more likely to join with us in isolating for the Senator from Delaware be 15 Weinberger, Steve Forbes, former Sec- Iran if we are a party to this conven- minutes, and I believe Senator LEAHY retary of State James Baker, Jim tion than if we reject it tonight. They has 14 minutes anyway, and that be the Schlesinger, Colin Powell, uniformed have made it clear that they hope we remaining time on the bill. military officers—a great variety of will ratify it, whether it is Canada or The PRESIDING OFFICER. Without people. I met with leaders of groups whether it is Britain or our European objection, it is so ordered. that are deeply opposed and well in- allies or Japan. Mr. HELMS. I thank the Chair. S3604 CONGRESSIONAL RECORD — SENATE April 24, 1997 The PRESIDING OFFICER. Who opment and the application of chemistry for Mr. HELMS. I yield to the Senator seeks time? [peaceful] purposes . . . from Oklahoma. Mr. HELMS addressed the Chair. Have we not had enough experience PRIVILEGE OF THE FLOOR The PRESIDING OFFICER. The Sen- over nuclear problems of this world, Mr. INHOFE. Mr. President, I ask ator from North Carolina. just with one country that is on this unanimous consent that Jeff Severs be Mr. HELMS. How many minutes? planet? permitted privileges of the floor for the Mr. BURNS. Ten or less. Third, transferring chemical-related duration of the debate. Mr. HELMS. Ten minutes. technologies and material to members The PRESIDING OFFICER. Without Mr. BURNS. Or less. of the CWC such as Cuba, Iran, India, objection, it is so ordered. Mr. HELMS. I yield 10 minutes to the Pakistan, and China will help them es- AMENDMENT NO. 48 Senator from Montana. tablish and/or improve their chemical (Purpose: To strike condition no. 29, relating The PRESIDING OFFICER. The Sen- weapons programs. This is because to Russian elimination of chemical weapons) ator from Montana is recognized for 10 there is very little difference between Mr. BIDEN. Mr. President, I send an minutes. the legitimate commercial chemical amendment to the desk and ask for its Mr. BURNS. Mr. President, I thank processes and those processes used to immediate consideration. Senator HELMS, the chairman of the make chemical weapons. The PRESIDING OFFICER. The Senate Foreign Relations Committee. Article XI also legitimizes trade in clerk will report. History has to be recorded that this dangerous dual-use chemicals. The The bill clerk read as follows: has probably been the most ever-chang- treaty right will be used by countries The Senator from Delaware [Mr. BIDEN] ing and cloudy situation that we have such as China, India, and Russia to proposes an amendment numbered 48. faced here in the U.S. Senate. Some in override Western objections to their Beginning on page 61, strike line 21 and all this body have changed their minds as provision of sensitive chemicals and that follows through line 7 of page 63. they have tried to read the public opin- production technologies to countries Mr. BIDEN. Mr. President, this ion polls, and even some of those who such as Iran. China and India already amendment strikes condition 29. I will have served in the administration have supply Iran with such chemicals, but speak to this in a moment, but I yield done the same—the history, as it was the CWC will legitimize this trade and as much time of the half-hour that I articulated here by the majority lead- allow these countries to expand the control as my friend from Indiana de- er, of getting caught up in Presidential volume of commerce conducted in sires to discuss this. politics in 1996. dual-use chemicals. The PRESIDING OFFICER. The Sen- But basically what it was, it was Mr. President, I take a moment to ator from Indiana is recognized. most of us sitting down and reading focus on the fact that by ratifying this Mr. LUGAR. Mr. President, I thank the words and trying to make a deci- treaty, Iran will be permitted to have the Chair and I thank the distinguished sion based on what we think is best for access to our chemical secrets, to have Senator from Delaware. The condition our country. No matter the winds that the ability to obtain chemical informa- that we move to strike, condition 29, blow in politics or in public opinion, tion from other rogue nations. If rati- would prohibit the United States from this issue must be considered and de- fied, we are allowing a nation that we ratifying the Chemical Weapons Con- cided on its merits. There is just too have confirmed, we have confirmed as vention until the President certifies much at stake. The President has writ- a terrorist nation, one that is the pri- that Russia has done the following: ten a letter to the majority leader. If mary suspect in numerous terrorist at- Ratified the CWC, complied with the 1990 you will read the words real carefully, tacks against the United States, and bilateral destruction agreement, fulfilled its you could even say you could argue one that calls for the destruction of obligations under the 1989 Wyoming memo- both sides of the issue on that letter this country to get more information, randum of understanding, and ceased all alone. not less, on deadly chemicals. chemical weapons activities. But I rise today to express my oppo- How many in this body think that if Mr. President, two arguments sition to this Chemical Weapons Con- allowed this information, Iran will, of against this condition prevailed, at vention treaty. its own accord, destroy these poten- least on the last vote that we had. I There are several reasons why I have tially deadly weapons and not use them cite the first important argument is chosen to oppose the treaty. Some against United States citizens around simply that this is a killer amendment. would say that it is verifiable. I am not the world? I think that is a legitimate Senators need to know that a vote to fully convinced of that, yet. Some question. How many in this body really leave this in the convention effectively would say that it does not hinder or think that the United States will be in terminates the convention. Senators break the Constitution. I think I would a more secure position? Finally, how cannot have it both ways. question that. When it comes to sov- can we in clear conscience give them I simply indicate, in his very impor- ereignty of the United States, I would this information when American men tant statement, the majority leader, say that very much was in jeopardy. and women have been murdered by Senator LOTT, referencing a particular However, I will focus my concerns with their actions? condition that he found appealing, in- article XI and my fears that this arti- Mr. President, for this reason, I can- dicated it was not a killer amendment. cle will compromise both the United not vote for the passage of this treaty. But, in fact, this one is a killer amend- States and the citizens that live here. I have heard all the reasons why we ment. Therefore, there is a crucial rea- Article XI of the Chemical Weapons would be just a tiny bit better off being son to vote to strike it. Convention treaty prohibits countries part of the convention. Well, this Sen- Second, Mr. President, once again we from denying others access to dual-use ator thinks you have to be a bigger are talking about American leadership. chemicals—that means chemicals that part. It falsely promises security to our It is in our interest, clearly, to get can be used in any manner—processes, Nation, and would betray those U.S. Russia’s attention to the chemical and technology. In effect, mandating citizens who have died by the hand of weapons problem. We have decided uni- access to and sharing of materials and terrorists. I urge my fellow colleagues laterally in this country that chemical the methods of making chemical weap- to contemplate what I have stated weapons are not useful to us in our de- ons. By legitimizing commerce in dan- here. I urge a ‘‘no’’ vote on ratification fense, largely because we cannot nec- gerous, dual-use chemicals and proc- of this treaty. This is not an easy deci- essarily guard our own troops against esses the CWC will increase, not re- sion but is a decision where the major- the fallout and against the problems duce, the ability of countries to ac- ity of people who serve in this body they create. So we are destroying quire chemical weapons. have read and have made their decision them. Second, Mr. President, article XI on what is actually in it and not the Russia always had greater stocks gives states the treaty right to: emotion of the times. I urge them to than we have. They still do. It has been Facilitate and have the right to partici- read it and vote accordingly. in our interest to work with the Rus- pate in, the fullest possible exchange of I yield the floor. sians. In the Cooperative Threat Re- chemicals, equipment, and scientific and The PRESIDING OFFICER. The Sen- duction Act, so-called Nunn-Lugar-Do- technical information relating to the devel- ator from North Carolina. menici Act, we have worked with the April 24, 1997 CONGRESSIONAL RECORD — SENATE S3605

Russians in a first instance to assist the world. We are the country that is Senator KYL has three remarkable them in the techniques of destroying leading Chemical Weapons Convention young people: David Stephens, John chemical weapons in Russia. There are matters. Our citizens of the United Rood, and Jeanine Esperne. Senator seven very large sites that need to be States take that seriously. Mr. Presi- CRAIG has Yvonne Bartoli and Jim dealt with. We are dealing now with dent, a large majority of Americans Jatras. the Russians at the first. want us to act. They believe the U.S. I want to thank, in particular, some Mr. President, I speak today from a Government ought to do everything people from the outside who helped personal experience of last October possible, and they recognize, as do enormously in our trying to build a when it was my privilege to accompany most Senators, that this convention is case to protect the American people the then Secretary of Defense, William unlikely to get that job done very from the extravagances of this treaty. Perry, and my colleagues Senator Sam swiftly but they do recognize it is an But that is neither here nor there, but Nunn and Senator JOE LIEBERMAN, in a advance, it is a constructive step. To I want to thank those four great visit to Russia, specifically to the De- offer as a reason why we would not pro- former Secretaries of Defense who fense Department of Russia and to ceed that we are waiting for Russia, or came up—Dick Cheney; Cap Wein- military persons involved in weapons hoping that two agreements that are berger; Don Rumsfeld; James Schles- of mass destruction. Perhaps equally specified in the condition might some- inger; the marvelous Jeane Kirk- importantly, Mr. President, it was my how come to fulfillment is to miss the patrick; Steve Forbes, who came down privilege to go with my colleagues entire point of the leadership that is from New York; Richard Perle; Frank from America to the Russian Duma. On involved and the persuasion we must Gaffney; Doug Feith, and Fred Clay. I that particular day, our first attempt have. also want to include the retired flag was to attempt to gain some under- Mr. President, I believe it is impor- and general officers. standing by members of the Duma tant, as soon as we ratify this conven- I know that when I am driving home about the importance of the START II tion, for the President of the United in a few hours from now, I will think of treaty and its ratification. While we States to press on President Yeltsin his others. Just speaking for all of us, I were there, we visited with the rel- responsibility to gain ratification. At want to thank them all. I know Sen- the Helsinki summit meeting recently, evant committees comparable to our ator BIDEN wants to do the same thing Foreign Relations and our Armed Serv- President Yeltsin assured our Presi- on his side. ices Committee about the Chemical dent he would offer that leadership. He I yield the floor. Weapons Convention. assured our President he understood Mr. BIDEN. Mr. President, I thank The Russians—in what we character- the responsibility of the Russians. He the chairman. I apologize because I ize as the Russian administration, the also asked our President to do his duty may have to augment this. Although it executive branch, and the legislative to help get the job done here. In fair- is a very good idea to do it now, I was branch, the Duma—made identical ness, our President has been fulfilling preparing to do it later, so I may leave points to us, that the START II treaty that responsibility, as did Senator Dole somebody out, and I may amend this. was coupled in consideration with the yesterday, as have President Bush and Let me begin by thanking a young expansion of NATO. They said this is a President Ford, as they have come for- man, who came over from my personal political issue. These two are joined toward as Presidents who understand, staff to the Foreign Relations Commit- gether. and as the majority leader under- tee and I think maybe Mr. Billingslea With regard to the Chemical Weapons stands. In his statement today, he may have thought he was his cousin, Convention, they made the clear dis- mentioned one reason for voting for they spent so much time together in tinction that it was not political, it this treaty is the fact that two Repub- the last couple of months, and that is was not involved with either NATO or lican administrations have made a Puneet Talwar. He has done a great START II or other arrangements. As a commitment. An American word deal of the heavy lifting for me on this, matter of fact, they perceived it was in means something. Our leadership has along with Ed Levine, from the Intel- the interests of Russia to ratify the continuity and staying power. It does ligence Committee, who is now work- treaty. They also pointed out that Rus- not flip one way or another, depending ing with me. Ed Hall, the minority upon Iraq or Russia. sia has very little money, that at this staff director; John Lis; the young Mr. President, I simply say, once particular point in history Russian man—well, he has been with me so long again, American leadership is at stake. taxes are not being paid with regular- We are looking at a killer amendment. that he is getting old—Brian McKeon, ity. The soldiers are not being paid, or This condition must be struck. I ask who is counsel for the minority; Frank at least their paychecks are often de- Senators to vote aye when the roll is Januzzi; Dawn Ratliff; Kathi Taylor; layed. As a result, they pointed out called. Ursula McManus, who we kept up late that arms control expenses were a very I thank the Chair. at night writing memos and other great problem for them. I think we un- Mr. HELMS. Mr. President, before I things on our behalf; Casey Adams; Bill derstand that. That is not a sufficient plead on this amendment, I have been Ashworth, a former long-time staff reason for Russia to dodge its respon- around this place for quite a while. Be- member of the Foreign Relations Com- sibilities. But it was a reason offered as fore I came to the Senate as a Senator, mittee and Senator Pell’s staff; David to why they had postponed consider- I had the honor of serving with two Schanzer, who worked with me on the ation. Senators as administrative assistant. Judiciary Committee; Mary Santos; In addition, Mr. President, they have Time after time, at the conclusion of Kimberly Burns; Jennette Murphy; postponed consideration because de- long arduous debate and votes on var- Larry Stein; Randy DeValk; Sheila spite our leadership from the very be- ious issues, a parting ‘‘thank you’’ is Murphy, all leadership staff persons ginning, our leadership to destroy our made to the staff people who did most who have worked with me. own chemical weapons, then to try to of the work. I talked to Senator BIDEN I have left out some, but I will aug- sign up all the nations of the world to and told him I want to do it now before ment this with the staff members of destroy theirs, and to make this an we begin to sign off. He suggested that the Intelligence Committee, the Appro- international law project, the Russians I go first. priations Committee, the Judiciary read our press and they understood Admiral Nance, sitting back there, Committee, and the Armed Services that we had had difficulty last Decem- with the white hair, that young man, Committee. They all played major ber in ratifying this convention. So he and I were boyhood friends back in rolls. they simply were curious as to whether Monroe. Adm. James W. Nance, the The hearings that the distinguished we were serious now. Well, we are, Mr. chief of staff of the Foreign Relations chairman had on this treaty this time President. I simply say that the ques- Committee; Tom Klein; Mark Theissen; around were, I think, among the best tion that is before the Senate should Steve Biegun; Marshall Billingslea— hearings—even though I didn’t always not be delay or perhaps failure to rat- particularly Marshall Billingslea—Col- agree with the witnesses—that I have ify the treaty, because we are waiting leen Noonan; Beth Wilson, and the rest participated in in my 25 years. The cast on Russia. Our leadership is impera- of the Foreign Relations Committee of characters were the luminaries of tive. We are the country that is leading staff. previous administrations, as well as S3606 CONGRESSIONAL RECORD — SENATE April 24, 1997 this administration. We had the who’s because he gets to work with his son, The PRESIDING OFFICER. The who of the foreign policy establish- Kenny Myers, every day. The only amendment offered by the Senator ment, literally. These people were par- thing I found, Mr. Chairman, in my from Delaware. ticularly helpful to me, which is going meetings with them is that, like with Mr. HELMS. Which is? to sound strange. He was up in the gal- my sons, I occasionally observe that The PRESIDING OFFICER. No. 48. lery, but I am referring to General and the son knew more than the father. So Mr. HELMS. I yield to the distin- former Ambassador Rowny, a close my compliments to both of them. guished Senator from Arizona [Mr. friend and, I think, neighbor of the The bottom line of all this—and I as- KYL] for whatever time he may require. chairman. I know he is much more sume this was one of the intentions of The PRESIDING OFFICER. The Sen- philosophically compatible with the the Senator from North Carolina, the ator from Arizona. chairman than with me, but we found chairman—is that regardless of the Mr. KYL. Mr. President, I will, at a ourselves on the same side of this final outcome of each of these remain- later time, join in thanking the various issue. Everybody wondered why Bob ing amendments and the treaty, this staff and other people who have been so Dole changed his mind—not changed has been done fairly and honorably. Ev- useful in ensuring a good debate. I his mind, but why Bob Dole concluded eryone has kept their word. We said we think the Senate has gotten very seri- that the conditions that were added to would negotiate in good faith; we both ous about this matter. As the majority the treaty sufficiently corrected its de- did. All of the staff members involved leader said earlier, as a result of the fects. It is my understanding that Gen- acted in the same way. application of various Members of the eral Rowny bumped into Bob Dole in a Lastly—and I hope this doesn’t come Senate, a great deal of progress has coffee shop at the Watergate Hotel. I out the wrong way—I want to thank been made in trying to bring the sides can see the distinguished Senator from the chairman of the full committee for closer together in getting a treaty Arizona wishing he had been at that the honorable way in which he has that, if it is entered into, will be more coffee shop. But there was Gen. Brent dealt with this entire matter. I mean in the interest of the United States Scowcroft, one of the most respected that sincerely. than as originally submitted. There are a couple of conditions, people in this town, Adm. Elmo I yield the floor. however, in the resolution of ratifica- Zumwalt; John Deutch; Fred Webber Mr. HELMS. I thank the Senator. I and his staff at the Chemical Manufac- tion which we believe ought to be a will add two things. One, I hope Bob part of this treaty before the President turers Association; Gen. Colin Powell; Dole stays out of those coffee shops Amy Smithson of the Stimson Center; submits those articles for ratification, from now on. I am going to see if the signifying the U.S. entry into the trea- John Isaacs; Brad Roberts, Institute distinguished ranking member would for Defense Analysis; Barry Kellman, ty. One of the most important is the mention probably the most prominent one before us at this moment. There is DePaul Law School; Ron Lehman of player in this game. He didn’t, but I the Reagan and Bush administrations. a motion to strike this condition from will, because I had the honor of escort- the resolution of ratification. We be- I am leaving a number of people out ing her to North Carolina—the new who I will add later. lieve that this condition should re- Secretary of State, Madeleine main. As the majority leader earlier I thank them all for contributing to Albright. I don’t always agree with her, this debate. I want to make a personal said, he believes this condition should nor she with me. But she is a great remain. Here is what it provides: Prior thanks, if I may, Mr. Chairman and Mr. lady and she is doing a good job for this President, to one of the most com- to depositing the U.S. instrument of country. I thank her. ratification, the President must certify petent staff people I have ever dealt Mr. President, one of the many fine with in the administration, Bob Bell, four things: First, that Russia is mak- people who contributed to the Chemi- ing reasonable progress on implement- who works for Sandy Berger and who cal Weapons Convention is no longer also, I think, did an incredibly good job ing the 1990 bilateral destruction agree- among us. Mrs. Sherry Stetson ment entered into between the United here, and Lori Murray, also of that Mannix, a retired U.S. Air Force lieu- staff. Bob Bell is a walking encyclo- States and Russia. Second, that out- tenant colonel, joined the U.S. Arms standing compliance related to the 1989 pedia, who negotiated with the Lott Control and Disarmament Agency in committee. He is a man who has the Wyoming memorandum of understand- 1984 and became its top expert on ing have been resolved to U.S. satisfac- ability to understand very complex no- chemical weapons. She helped nego- tions and put them into language ev- tion. Third, that Russia has deposited tiate the treaty, and then she became a its articles of ratification of the con- erybody can understand. He has done resource person for Members and staff an admirable job. There are other peo- ventional weapons agreement. Fourth, of the Senate as we began to consider that it is committed to foregoing any ple to thank. whether to give our advice and consent Mr. LUGAR. Will the Senator yield? weapons development. Mr. BIDEN. Yes. to ratification. Those are four important conditions, Mr. LUGAR. I would like to ask if he Lieutenant Colonel Mannix was if our partner, Russia, and the United would include Kenneth Myers and dying of cancer in 1994, when the For- States are to effectively utilize the Kenny Myers, on my staff and the staff eign Relations and Intelligence Com- Chemical Weapons Convention. The of the Intelligence Committee, who mittees first held hearings on the CWC. reason is, first of all, because Russia is have been invaluable. Despite being in terrible pain, Lieuten- the world’s largest possessor of chemi- Mr. BIDEN. The answer is I would ab- ant Colonel Mannix faithfully and ef- cal weapons. It has anywhere from 60 solutely like to do that. The statement fectively managed the process of re- to 70 percent of the world’s chemical I was going to introduce has a para- sponding to our committees’ questions stocks. For the Chemical Weapons Con- graph about that. for the Record. vention to be global, in the sense that I express my deep appreciation to Sherry Mannix was only 44 years old it covers the weapons, and to be effec- Senator LUGAR, with whom I have when she died in early 1995. She had tive, it should involve the country with talked every day for the past few hoped to live long enough to see this the largest inventory of chemical months as we have tried to move the convention ratified. We were unable, weapons. ball forward in this treaty. He was very Mr. President, to grant that last wish. Now, Russia has signed the Chemical committed. He is truly the Senate’s But Sherry Mannix kept faith with us, Weapons Convention, but has indicated leading expert on the treaty and, I with her comrades in the U.S. Armed that it will not ratify, at least at this think, one of the leading experts in Forces, and with her country. Now we time and, as a matter of fact, in a com- this country on foreign policy. We have the opportunity to keep faith munication to the Vice President of would not have gotten this far without with her, and with all our military per- the United States, one of the Russian his efforts. Perhaps the reason he is as sonnel who long for ratification of this leaders, Chernomyrdin, said, in effect, good as he is that he has a father and convention as a step toward curbing that Russia would prefer that the two son team working for him, Kenneth the menace of chemical weapons. parties, if they are going to come into and Kenny Myers. I envy Ken Myers, Mr. HELMS. What is the pending the treaty, come in at the same time Senator LUGAR’s long-time staff aide, business, Mr. President? rather than one preceding the other, - April 24, 1997 CONGRESSIONAL RECORD — SENATE S3607 and, therefore, said that it would be in- will simply note that this memoran- inspectors will neither be prepared nor tegral to Russian entry that the United dum of understanding was essentially allowed to look for them, nor will Rus- States entered first, which is what we an agreement between the two states sia be precluded from importing these are about to do. that we would exchange data on how components. A declassified portion of a I think these four commitments by much chemical weapons we had and to May 1995 national intelligence esti- Russia are integral to the success of provide the information on the status mate states ‘‘Production of new binary the Chemical Weapons Convention if for binary weapons programs. agents would be difficult to detect and we are to have a truly global ban. That To comply with this declaration, the confirm as a CWC-prohibited activity.’’ is why this condition 29 should remain United States has given information to In conclusion, in light of these ongo- a part of the resolution of ratification. the Russians. Russia declared a 40,000 ing activities and related United States Quickly, to the four points: First, metric ton agent stockpile. However, intelligence estimates, it is reasonable reasonable progress in implementing present reports and other information to condition United States ratification the 1990 Bilateral Destruction Agree- allege that the Defense Intelligence of the CWC to the President certifying ment. Reasonable progress simply Agency estimates that the former So- that Russia is committed to foregoing means that we are continuing to work viet—now Russian—stockpile could be chemical weapons capability or other on complying with it. That is what the as large as 75,000 tons. Russia has re- activity contrary to the purpose of the Russians agreed to do when they en- fused to provide information on the convention weapons treaty. tered into this agreement in June 1990. status of its binary weapons program. For those reasons, Mr. President, I This is an agreement between Presi- And, according to the former Director join the distinguished majority leader dent Bush and President Gorbachev. of Central Intelligence Jim Woolsey, and the chairman of the Foreign Rela- By the way, when proponents of this ‘‘The data we have received from Rus- tions Committee in urging that we not treaty speak of it as a Reagan-Bush- sia makes no reference to binary chem- strike this condition from the resolu- Clinton treaty, I point out the fact ical weapons or agents. That is con- tion of ratification. that the treaty was different in the trary to our understanding of the pro- Mr. LEVIN addressed the Chair. Reagan and early Bush years than it is gram that was initiated in the former The PRESIDING OFFICER. The Sen- now. One of the underpinnings of the Soviet Union.’’ ator from Delaware. treaty was that this bilateral destruc- There are additional indications of tion agreement between Russia and the activity on the part of the Russians, all Mr. BIDEN. Mr. President, par- United States would be in place and of which suggest that they are not in liamentary inquiry: How much time is would be enforced and would be com- compliance with this 1989 memoran- under the control of the Senator from plied with by the two parties. This dum of understanding. Delaware? agreement was designed specifically to Our second point in this condition is The PRESIDING OFFICER. Seven- ban the production of chemical weap- getting compliance with that. teen minutes. ons, their agents, the destruction of Third, we want the Russians to ratify Mr. BIDEN. I yield 5 minutes to the chemical weapons agents, to provide this treaty at the same time that we distinguished Senator from Michigan. for onsite inspections of CW facilities, do. That is what they want to do. We Next, I will let people know that I un- and require data declarations. believe that will be a preferable course derstand Senator INHOFE is going to The Bilateral Destruction Agreement of action to the United States entering speak in opposition to this motion to is central to the CWC before us today. into the treaty causing the Russians to strike. Then I would like to yield, just Without it the Chemical Weapons Con- be concerned that we would set up the to let people know, 5 minutes to the vention is a much weaker treaty than rules of the treaty, in effect, in a way distinguished Senator from Virginia. it would otherwise be. The CWC was that would be amicable to their inter- That is for informational purposes. I negotiated with the assumption that ests, thus perhaps causing them never am not asking UC. the United States and Russia would to enter into the treaty. I now yield 5 minutes to the Senator both destroy and verify destruction of A CWC without Russia, furthermore, from Michigan. their stockpiles under the Bilateral De- means that over 50 percent of the Mr. HELMS. I ask for the yeas and struction Agreement. But Russia has world’s known chemical weapons nays. not implemented the Bilateral De- stockpile will be outside of the treaty The PRESIDING OFFICER. Is there a struction Agreement, and it appears regime. Should the United States rat- sufficient second? that it has no intention of doing so. ify the CWC absent Russian participa- There is a sufficient second. Russian Prime Minister tion or the involvement of other states The yeas and nays were ordered. Chernomyrdin, in this letter to Vice that have weapons, the treaty’s intru- The PRESIDING OFFICER. The Sen- President GORE that I mentioned be- sive verification schemes would, for all ator from Michigan is recognized. fore, essentially stated that the Bilat- intents and purposes, be focused solely eral Destruction Agreement and the on the United States, the only nation Mr. LEVIN. Mr. President, it isn’t al- 1989 Wyoming Memorandum of Under- likely to declare integral weapons in- ways that our top military officials so standing have outlived their usefulness ventory. In effect, we would be paying strongly and jointly agree that an insofar as Russia is concerned. 25 percent of the cost of the treaty to arms control treaty is in our national The Chemical Weapons Convention verify our own compliance. security interest. But in the case of the before us today is no substitute for the Finally, Russian commitment to chemical weapons treaty before the Bilateral Destruction Agreement. forego a chemical weapons capability. Senate today, that strong support has Under the Bilateral Destruction Agree- This is central to the meaning of the been expressed over and over and over ment, the inspectors of Russian facili- CWC. If Russia is not willing to do this, again. ties would not be international inspec- obviously their intentions are not to The Chairman of the Joint Chiefs, tors. They would be U.S. professional comply with CWC. General Shalikashvili, speaking on be- inspectors, and there would be more We have evidence of the so-called half of the Chiefs of each of the serv- frequent inspections. The United Novichok class of nerve agents that is ices and the combatant commanders, States would have guaranteed access to more lethal than any other known urged the Senate to ratify this treaty data declarations, none of which would chemical agent in the world. because it would make it less likely be the case under the CWC. According to Jane’s Land-Based Air that our troops will face chemical So it is important that Russia at Defense 1997–98, Russia is developing weapons. Their position is not based on least indicate to us that it is making three new nerve agents, two of which politics or public opinion polls; it is reasonable progress to implement the are eight times as deadly as the VX based on their military judgment. BDA before we enter into force CWC. nerve agent stockpiled by Iraq. The acting head of Central Intel- Second, the resolution says there Mr. President, Russia’s new chemical ligence, George Tenet, has said that should be compliance with the 1989 Wy- agents do not depend on stockpiles this treaty will give us additional tools oming Memorandum of Understanding. that are on the CWC list of scheduled to inspect for chemical weapons that Without getting into a lot of detail, I chemicals, according to sources. Thus, we otherwise would not have. S3608 CONGRESSIONAL RECORD — SENATE April 24, 1997 The United States, under former What does our ratification have to do get out a little bit earlier, including President Bush, led the way to the ne- with Russian ratification? I would sug- the distinguished occupant of the gotiation of this treaty. It would rep- gest here that we listen to a number of Chair. resent a tragic blow to American lead- voices. But one of them is a Russian Mr. President, this condition is very ership were the Senate to reject a trea- voice—a Russian scientist who blew important. It forbids the deposit of the ty negotiated and supported by three the whistle actually on the Soviet United States instrument of ratifica- Presidents. If we don’t lead the way, if Union chemical weapons program. His tion until Russia has made significant and when the day comes that we must name is Vil Myrzyanov. He is a high- progress in implementing the 1990 Bi- act militarily to eliminate a country’s level Russian scientist. This is what he lateral Destruction Agreement and has chemical weapons, the credibility of said about the relationship in a letter resolved concerns over its incomplete and support for, that effort will be un- that he wrote to Senator LUGAR. ‘‘Sen- data declarations under the Wyoming dermined by our lack of clean hands ate ratification of the convention is memorandum of understanding, rati- and our refusal to ratify a treaty that crucial to securing action on the treaty fied the convention and has committed makes it less likely those weapons will in Moscow.’’ to forgo the clandestine maintenance be created to begin with. Our ratification, he is telling us—this of chemical weapons production capa- The CWC destroys stockpiles that is an inside voice—is critical to getting bility. could threaten our troops; it signifi- the Duma to ratify this treaty. And That sounds like a lot but more than cantly improves our intelligence capa- getting the Duma to ratify this treaty anything else it is a measurement of bilities, and it creates new inter- is, in the eyes of General Shalikashvili, how Russia is playing games in terms national sanctions to punish those the single most important advantage of of not doing things to live up to its states that remain outside of the trea- the treaty because then 40,000 declared agreement. ty. If we fail to ratify the convention, tons of chemical agents, the largest I have the highest hope that Russia we will imperil our leadership in the stockpile in the world, will be de- one day will have a free enterprise entire area of nonproliferation, perhaps stroyed and less available for leakage, economy and all the rest of it, but such commitments by Russia are absolutely the most vital security issue of the less available to any potential sale or imperative and essential to the success post-cold-war era. disposition to others adversely or inad- of this CWC, this treaty, in securing a Relative to condition 29 that is be- vertently. truly global ban on possession and use fore us, there is a motion to strike this So our leadership is important to a of chemical weapons. If Russia contin- condition that has been made by the safer world. This is a treaty that we ues to drag its feet, this convention Senator from Indiana. It is based on helped to draft, negotiated, and now it will be worth almost nothing. And for many grounds. But the first ground is before us to ratify. But our leader- my part, as one Senator, I am ex- that he points out, which seems to me ship is also important to ratification of tremely concerned that Russia, the is the foremost ground even before we this treaty inside of Russia. country that possesses the largest and get to the details of this condition, is The decision of whether the United the most sophisticated chemical weap- that this condition is a killer condi- States ratifies this convention is for ons arsenal in the world, has refused tion. If this condition stays in this res- this body, the United States Senate to consistently to agree to implement its olution, it kills this ratification reso- decide—not the Russian Duma. We commitments to eliminate its chemi- lution because it makes it conditional should strike this killer condition. cal weapons stockpile despite the 1990 on somebody else ratifying. The purpose of both the Bilateral De- United States-Russian Bilateral De- Do we want to make our ratification struction Agreement and the Wyoming conditional upon these other events? struction Agreement. MOU was to help make progress to- Now, put any face on it you want, but Do we want to give Russia the power to wards achieving a CWC. if Russia fails to do that, then Russia decide our participation in the leader- Now that we have the CWC complete, is telling this Senate, this Govern- ship of this crucial treaty? The Presi- the BDA and the Wyoming MOU are ment, the American people, we don’t dent has said—I am here quoting him— less relevant. We can enter the CWC care what you want; we are going our ‘‘This is precisely backwards. The best without the BDA being implemented. way. And that is a pretty dangerous po- way to secure Russian ratification is to The BDA does not go as far as the sition for Russia to take in terms of ratify the treaty ourselves. Failure to CWC. BDA would permit both sides to world peace. do so will not only give hard-liners in keep 5,000 tons of chemical agent. The This coupled with the Russian with- Russia an excuse to hold out but also BDA does not permit challenge inspec- drawal from the BDA and the Russian to hold onto their chemical weapons.’’ tions. Parliament rejection of the chemical Do we want Russia to ratify? Clearly The CWC requires complete destruc- weapons destruction plan portend omi- we do. General Shalikashvili, who has tion of all chemical weapons, and pro- nous things to come in terms of Rus- so strongly supported the ratification vides for challenge inspections to any sia’s ratification of this treaty. of this treaty, has testified before us in facility suspected of a violating sus- Now, I hope Senators are aware, and the Armed Services Committee as fol- pected of violating the CWC. if they are not aware, that they will lows: ‘‘The most significant advantage If the CWC is ratified by the United become aware, that Russia is by far derived from the convention is the po- States—which this killer condition and away the world’s largest possessor tential elimination of chemical weap- would prohibit—and by Russia—it is of chemical weapons. If the United ons by state parties.’’ He went on to entirely possible that the United States in eliminating its own chemical say, ‘‘Eventual destruction of approxi- States and Russia can finish negotia- stockpile could assure that Russia also mately 40,000 tons of declared Russian tions on the BDA and let it enter into destroyed its stockpile through the Bi- chemical weapons will significantly re- force. lateral Destruction Agreement, 99 per- duce the global chemical threat.’’ If the United States does not ratify cent of the world’s chemical arsenal That is why General Shalikashvili this convention, there is little chance would be eliminated independently of has said, among other reasons, that the Russia will ratify it and there is no this treaty. So that gives you some ratification of this treaty will make it chance for this BDA ever entering into idea of the enormity of this situation less likely that our troops would ever force. which has been passed over and over face chemical weapons because the If we want Russia to ratify the and over. I think enough is enough. largest declared stockpile by Russia CWC—and surely we must—then we Now, of course, Russia has signed the must be destroyed under this treaty. should ratify the CWC—which, in turn CWC but it has not ratified this treaty. General Shalikashvili, Chairman of our requires us to strike this condition. Evidence has come to light recently, by Joint Chiefs, speaking for each of the The PRESIDING OFFICER. The Sen- the way, suggesting that Russia may chiefs and our combatant commanders, ator from North Carolina is recognized. not pursue ratification of this treaty in says that destruction of 40,000 tons of Mr. HELMS. I thank the Chair. the near term and does not intend to declared chemical weapons by Russia is Mr. President, I am going to abbre- abide by the CWC even if it ratifies it. the most significant advantage to this viate my statement in the interest of I just want Senators to understand treaty. time, hoping that we can help Senators what they are doing. It is all very well April 24, 1997 CONGRESSIONAL RECORD — SENATE S3609 and good to succumb to the imagina- ask unanimous consent that these let- holes in the agreements with the obvious in- tive suggestion that we are doing ters be printed in the RECORD. tent of enabling him and others to engage in something about chemical weapons There being no objection, the mate- chemical trafficking with impunity—and when we pass this treaty. We are not. rial was ordered to be printed in the possibly to permit Russia to evade its obligations. It is not going to do one bit of good RECORD, as follows: I respectfully request a thorough analysis until the United States is able to per- U.S. SENATE, of the negotiating record of the CWC and the COMMITTEE ON FOREIGN RELATIONS, suade some other people to do things Bilateral Destruction Agreement in order to that they have already agreed to do. So Washington, DC, October 25, 1995. The PRESIDENT, review the role of General Kuntsevich in se- the danger is how the American people The White House curing various provisions and concessions. I are being misled by those who have en- Washington, D.C. regard this analysis to be essential to any dorsed this treaty into believing that DEAR MR. PRESIDENT: I take no offense at credible review. something is being done about chemi- your declaration to the effect that I am irre- Furthermore, I need to know General cal weaponry. sponsibly delaying consideration of the Kuntsevich’s role in the provision of ques- I hope, if we do nothing else in our Chemical Weapons Convention. Both of us tionable data declarations under the Wyo- opposition to this treaty, we can make know that this is not so. Moreover, the CWC ming Memorandum. Has he been allowed to the American people aware that noth- is a treaty which in my view must not be se- retain contacts with the Yeltsin government riously considered by Congress unless and since his removal? ing is being done for their safety by until the issue of verification can be re- There are three other questions, Mr. Presi- this treaty. I wish it were different. I solved. dent, that simply must be answered: wish I did not have to stand here and There is no disagreement that the produc- (1) When did the U.S. government learn of say this. But those are the facts. This tion stockpiling and use of chemical and bio- General Kuntsevich’s role in trafficking logical weapons is inherently abhorrent, and treaty is absolutely useless in terms of chemical weapons and other corrupt prac- especially by rogue regimes. Yours is the giving the American people any secu- tices? second Administration with which I have rity at all. (2) Were you aware of his activities, and According to a May 6, 1996, letter raised compelling questions about verification, Russian compliance, Russian binary his arrest, while you were urging the Con- from the DIA, the Defense Intelligence weapons programs—and the cost of the gress to move forward on the ratification of Agency, to the chairman of the Senate Chemical Weapons Convention. the CWC? Select Committee on Intelligence: If and when we receive satisfactory an- (3) If General Kuntsevich has been under There are several factors affecting Russia’s swers to these concerns, there would be a house arrest since April 1994, what could ex- actions regarding its CW programs and arms substantial increase in the probability of plain the timing of the Russian govern- control commitments. Russian officials this treaty’s being reported out of the For- ment’s revelations regarding his activities? probably believe they need a CW capability eign Relations Committee for formal consid- The Russian government should be urged to deter other nations from chemical war- eration by the Senate. to accelerate and complete its investigation fare. They cite a potential threat from pur- I was astounded to learn, as surely you of General Kuntsevich. I do hope you will ob- ported CW programs in the United States, were, that the former Chairman of the [Rus- tain from the Russian government a full ac- other Western nations, and several countries sian] President’s Committee on Conven- counting of precisely what was sold and to on or near Russia’s borders. tional Problems of Chemical and Biological whom, and how Russian export controls were Now, the DIA continued: Weapons, Lieutenant General Anatoliy circumvented. Additionally, what pre- Kuntsevich, is now under the house arrest cautions, if any, have been taken to prevent In addition, Russian officials believe that for his having delivered 1,800 pounds of mili- such future incidents from occurring? dismantling the CW program would waste retary chemicals to terrorists in the Middle Obviously, unless and until these concerns sources and rob them of valuable production East in 1993. What’s more, the Russian intel- assets. They maintain that the CW produc- and those raised previously have been ad- ligence service asserts that General dressed, it would not be fair to the security tion facilities should not be destroyed but be Kuntsevich attempted to sell 5 tons of mili- used to produce commercial products. and safety of the American people even to tary chemicals to the same buyers a year consider moving the Chemical Weapons Con- Well, la-de-da. Every nation that has later, in 1994. He was caught in the act. vention out of Committee. some ulterior motives with chemical Needless to say, the arrest of this key Rus- Respectfully, weapons can say the same thing. sian negotiator of the Chemical Weapons JESSE HELMS. Convention on trafficking charges—for deal- Moreover, these officials do not want to ing in the very same chemical agents he was U.S. SENATE, see their life’s work destroyed, their jobs supposedly trying to control—calls into eliminated, and their influence diminished. COMMITTEE ON FOREIGN RELATIONS, question the integrity of every provision of Washington, DC, October 30, 1995. And here we are probably going to the Chemical Weapons Convention. It cer- DEAR COLLEAGUE: I am confident that you ratify this treaty in spite of the great tainly lends credibility to concerns about he were astonished, as I was, that Russia’s trustworthiness of Russian declarations re- concern about the views of Russia’s former chief negotiator for the Chemical garding its own current chemical and bio- senior military leadership on the Weapons Convention is now under house ar- logical programs, its stockpiles, and the sin- Chemical Weapons Convention and on rest for trafficking in the very military cerity of the Russians’ willingness, and abil- the elimination of Russia’s chemical chemicals he purportedly was seeking to ity, to abide by the CWC and other agree- control. Apparently, General Kuntsevich in warfare capability in general. ments. 1993 sold 1,800 pounds of chemical agents to On numerous instances, the United General Kuntsevich’s role in chemical terrorists in the Middle East. He was caught States has received indications that weapons dates to the 1980s. As Deputy Com- attempting to sell another 5 tons a year key elements within the Russian Gov- mander of Soviet Chemical Forces, he was later. ernment staunchly oppose the CWC. honored as a hero of Socialist Labor in 1981. Many of us have consistently raised con- Back in 1994, October 25, Dr. Lev In 1988, he became a member of the Soviet cerns regarding the verifiability and enforce- Fyodorov—I never met him, do not delegation to the United Nations Conference on Disarmament, which negotiated the CWC. ability of the Chemical Weapons Convention. know how to pronounce his name— In 1991, he received the Lenin Prize for his This most recent incident makes it demon- head of the Union for Chemical Secu- work on binary chemical weapons. Through strable that the CWC, even had it been in ef- rity, told Interfax news service that his many years as a negotiator for the So- fect, would have been helpless to interdict il- key officers from the Russian Ministry viet/Russian governments, Kuntsevich won a licit trade in chemicals. (General Kuntsevich of Defense had spoken against the trea- number of concessions on the Chemical is alleged to have transferred chemicals not ty during the Russian Duma defense Weapons Convention and follow-on provi- listed in the chemicals annex of the CWC, committee’s closed hearings on Octo- sions to the Bilateral Destruction Agree- and those chemicals went to a country that ment. Moreover, he was responsible for Rus- was not even a signatory to the Convention. ber 11 1994. He was caught red-handed by traditional, na- Now, my concerns about the two Rus- sia’s dubious declarations under the Wyo- ming Memorandum of Understanding. tional law enforcement means, not by some sian generals responsible for Russia’s While General Kuntsevich is said to have global policing mechanism.) chemical warfare elimination program been removed by President Yeltsin in April Furthermore, had General Kuntsevich not have been well documented in a series 1994, concern remains that the General may been caught, it is conceivable that he and/or of letters to President Clinton, and I have conspired to negotiate significant loop- his cronies may have worked their way into S3610 CONGRESSIONAL RECORD — SENATE April 24, 1997 the administrative body of the CWC, and indefinitely—or risk the possibility that ment the six-year old U.S.-Russian Bilateral would then have access to a plethora of in- Russia will never ratify the CWC. Destruction Agreement (BDA) or pursue formation regarding the chemical programs I am concerned that nearly a month has ratification of the CWC in the near future. of all signatories, and forewarning of all elapsed and the Senate Foreign Relations Mr. President, since writing to you, my short-notice inspections to be conducted Committee has yet to be notified of such an concerns as to whether Russia intends to im- under the Convention. ominous change in Russian policy towards plement the BDA and ratify the CWC have The attached letter that I sent to Presi- the destruction of its chemical arsenal. been confirmed beyond peradventure. To be dent Clinton underscores my concerns aris- Accordingly, I respectfully request imme- specific: Russian Prime Minister ing from the arrest of General Kuntsevich. diate declassification of any documents or Chernomyrdin wrote to Vice President Gore Given Kuntsevich’s influence over the nego- cables pertaining to the aforementioned is- on July 8, stating officially that both the tiating process of the CWC, and his respon- sues, including cable number 607329 dis- BDA and the Wyoming Memorandum of Un- sibility for overseeing the destruction of his patched from Bonn on May 21, 1996, and their derstanding (MOU) have outlived their use- own personal empire under the U.S.-Russian being provided to the Committee. I also re- fulness to Russia. Moreover, it has been es- Bilateral Destruction Agreement, I have respectfully request detailed, and unclassified tablished that Prime Minister Chernomyrdin quested a thorough review of the negotiating responses to the following questions: (1) linked Russian ratification of the CWC to record of both agreements. (1) Has the intelligence community con- U.S. agreement to a Joint Statement linking I bring this new incident to your attention ducted any assessment identifying Russian ratification by the United States to Russian as the Senate continues its discussion of is- officials believed to oppose dismantlement of ratification, (2) stated that the American sues surrounding the Chemical Weapons Con- Russia’s chemical weapons stockpile, or who taxpayers must pay the cost of the Russian vention. General Kuntsevich’s activities and oppose Russian ratification of the CWC? destruction program, and (3) linked ratifica- arrest highlight the many legitimate con- Please declassify these reports provide them tion to U.S. acquiescence to Russia’s posi- cerns we all share regarding how best to to the Committee. tion on conversion of its chemical weapons guard against the threat that chemical (2) The Central Intelligence Agency stated facilities. weapons pose to our nation’s security. in a report in March, 1995, that ‘‘some CW- Even more disturbing is the report that Respectfully, capable countries that have signed the CWC the Prime Minister declared that if the CWC JESSE HELMS. show no signs of ending their programs.’’ enters into force without Russia, it will be Does the intelligence community believe impossible for Russia ever to ratify the trea- U.S. SENATE, that Russia intends to forgo all aspects of its ty. COMMITTEE ON FOREIGN RELATIONS, chemical weapons program? Mr. President, the Russian Federation ap- Washington, DC, June 21, 1996. (3) Is it the case that Russia has not yet pears to anticipate that due to intense U.S. The PRESIDENT, constructed even a pilot chemical weapons diplomatic lobbying the CWC may enter into The White House, destruction facility? Is it also true that the force this summer. I am concerned that U.S. Washington, DC. Shchuch’ye Implementation Plan exists only efforts at inducing nations to ratify the trea- DEAR MR. PRESIDENT: I was gratified to on paper, and that the plan does not yet even ty, and bring it into force before the views of note your Administration’s decision to im- include such rudimentary components as the United States Senate have been expose sanctions against Lieutenant General baseline data, engineering survey data, or a pressed on the CWC, have virtually ensured Anatoliy Kuntsevich, former Chairman of site feasibility study? How many years will that neither the United States nor Russia the [Russian] President’s Committee on Con- finalization of these critical elements of the will have a hand in finalizing the 37 ventional Problems of Chemical and Biologi- Russian destruction program take? uncompleted implementation procedures of cal Weapons. (I had written to you on Octo- (4) On June 23, 1994, the then-Director of the treaty. Once 65 countries have ratified, ber 25, 1995 regarding his having been ar- Central Intelligence, R. James Woolsey, all manner of detailed guidelines affecting rested on charges of selling military chemi- stated that the U.S. had ‘‘serious concerns the CWC’s verification regime, ranging from cals to Middle East terrorists.) over apparent incompleteness, inconsistency the conduct of inspections to the safeguard- Disturbing information about General and contradictory aspects of the data’’ pro- ing of samples transferred for analysis off- Kuntsevich’s activities prompted my con- vided to the United States by Russia regard- site, will be finalized rapidly. cerns about whether the U.S. can believe ing its chemical weapons program. How will Prime Minister Chernomyrdin’s letter was Russian declarations regarding: (1) its cur- Russian withdrawal from the BDA affect clear: ‘‘Speaking candidly,’’ he wrote ‘‘I shall rent chemical and biological programs and U.S. efforts to resolve questions regarding say that the Convention’s entry into force stockpiles; (2) its willingness to abide by the ‘‘contradictions’’ in Russia’s declarations without Russia would hamper its ratification 1990 U.S.-Russian Bilateral Destruction about its chemical weapons stockpile? Is the with us.’’ On July 22, 1996, the Russian dele- Agreement (BDA); and (3) its intent to ratify Administration prepared to challenge imme- gation in The Hague repeated this position, the Chemical Weapons Convention. diately the veracity of Russian reporting stating that ‘‘the entry into force of the Con- General Kuntsevich was, after all, one of under the CWC if Russia provides data which vention without Russia, to be perfectly can- the most senior officers in Russia’s chemical mirrors that provided to the United States did, would hamper its ratification in our weapons program. Indeed, in 1994 it was he under the 1989 Wyoming Memorandum of Un- country.’’ who signed, in conjunction with Colonel Gen- derstanding? Since Russia is bound to know that the eral S.V. Petrov, the U.S.-Russian work plan (5) Dr. Vil Mirzayanov, former chief of treaty will enter into force without Russia’s for the destruction of Russia’s chemical counterintelligence at the State Union Sci- participation, is it not evident that Russia is weapons. entific Research Institute for Organic Chem- preparing a diplomatic exit strategy from At that time, your National Security Advi- istry and Technology, has alleged that Rus- the CWC? sor assured me that General Kuntsevich was sia has produced a new class of binary nerve The Senate needs to be informed by the acting independently of the Russian govern- agents five to eight times more lethal than Administration precisely how Russian with- ment. I was also told that his actions in no any other known chemical agent, and that drawal from the BDA and the Wyoming MOU way called into question the willingness of work may be continuing on these chemical will affect U.S. efforts to resolve questions Russia to abide by its commitments to weapons. Is the Administration satisfied concerning Russia’s various declarations eliminate its stockpile of chemical weapons. that the Russian Federation has indeed about its chemical weapons stockpile. However, it subsequently came to my atten- ceased the development and/or production of The Director of Central Intelligence, tion that yet another high-ranking Russian all offensive chemical weapons agents? James Woolsey, testified on June 23, 1994, general, General Petrov, has openly alluded I will appreciate your assistance in resolv- that the U.S. had ‘‘serious concerns over ap- to the desirability of maintaining a chemical ing these questions which concern issues parent incompleteness, inconsistency and weapons capability. General Petrov, the which so directly impact on the national se- contradictory aspects of the data’’ submitted other signatory to the 1994 Work Plan, ex- curity of the United States. by Russia under the Wyoming MOU. pressed his views in the November-December Respectfully, So, Mr. President, if Russia is now refusing 1994 edition of the official Russian Military JESSE HELMS. to answer any more questions about the size Journal, Military Thought. Such a belief, of its chemical weapons stockpile or its bi- stated publicly by a key Russian officer, U.S. SENATE, nary weapons program (which it has failed to prompts concern that key elements within COMMITTEE ON FOREIGN RELATIONS, mention at all), does this not cast doubt as the Russian government may not even in- Washington, DC, July 26, 1996. to whether Russia will ever fully disclose its tend to implement the BDA, ratify the The PRESIDENT, chemical weapons activities? Is the Adminis- CWC—or abide by either agreement. The White House tration prepared to challenge immediately Most troubling to me, however, are rumors Washington, DC. the veracity of Russian reporting under the that have begun to circulate that Russia no DEAR MR. PRESIDENT: When I wrote to you CWC if Russia provides data which mirrors longer favors implementation of the six-year on June 21 regarding perhaps the most sig- that provided to the United States under the old Bilateral Destruction Agreement. I fur- nificant, ominous shift in Russian arms con- Wyoming MOU? ther understand that Russia will not seek to trol policy since the end of the Cold War, I Additionally, given that the bilateral in- ratify the Chemical Weapons Convention in respectfully requested, among other things, spection regime (under the BDA) was to have the near future, and that the United States information from the Administration con- substituted for multilateral inspections has been told to delay its own ratification cerning reports that Russia will not imple- under the CWC, does Russian withdrawal April 24, 1997 CONGRESSIONAL RECORD — SENATE S3611 from the BDA lower the intelligence commu- weapons facilities. The shift in Russian cial products. The plant receives a license nity’s already poor level of confidence in its arms control policy, you see, will have for production and goes into operation. Nei- ability to monitor Russian treaty compli- important ramifications. ther the firm’s leaders, its staff, nor inter- ance? First, the minimalist approaches national inspectors know that the chemicals Mr. President, I respectfully reiterate my are a component of a new binary weapon. request for detailed, and unclassified re- taken by Russia in its data declaration As the public talks toward banning chemi- sponses to the questions I asked of you on on the Wyoming memorandum of un- cal weapons progressed, the more intense be- June 21, 1996. I also will appreciate your pro- derstanding will go unresolved. Russia came Russia’s secret development and test- viding to the Committee: has stated that the total size of its ing of binary weapons... our laboratories cre- (1) the Chernomyrdin letter of July 8, 1996, stockpiled chemical weapons is equiva- ated Substance A–230, a weapon about which which I understand must be unclassified lent to 40,000 tons of agent. This dec- I can only say that its killing efficiency sur- since it was transmitted by facsimile around laration is absolutely untrue. The Di- passed any known military toxin by a factor Washington on unsecured lines; rector of Central Intelligence, James of five to eight. (2) all assessments by the intelligence com- ...Two more major achievements took munity discussing the views of Prime Min- Woolsey, testified before the Foreign place in 1990 and 1991. First, a binary weapon ister Chernomyrdin towards the BDA, the Relations Committee on June 23, 1994, based on a compound code-named Substance CWC, and any assessments as to whether he that the United States had ‘‘serious 33 passed site tests and was put into produc- favors complete elimination of Russia’s concerns over apparent incomplete- tion for the Soviet army. chemical weapons arsenal; ness, inconsistency and contradictory ...The second development was the syn- (3) the draft Joint Statement and all rel- aspects of the data’’ submitted by Rus- thesis of a binary weapon based on Sub- evant documents supplied by Russia to Vice sia under the Wyoming MOU. On Au- stance A–232, a toxin similar to A–230. This President Gore prior to the President’s Mos- gust 27, 1993, Adm. William Studeman, new weapon, part of the ultra-lethal cow Summit; ‘‘Novichok’’ class, provides an opportunity (4) a detailed assessment of discrepancies Acting Director of Central Intel- for the military establishment to disguise in Russia’s Wyoming MOU data and the re- ligence, wrote to Senator GLENN stat- production of components of binary weapons sults of any bilateral discussions regarding ing: as common agricultural chemicals; because those discrepancies; We cannot confirm that the Russian dec- the West does not know the formula, and its (5) a detailed assessment by the intel- laration of 40,000 mt is accurate. In addition, inspectors cannot identify the compounds. ligence community of the impact that non- we cannot confirm that the total stockpile is ...Fifteen thousand tons of Substance 33 implementation of the BDA and Wyoming stored only at the seven sites declared by the have been produced in the city of MOU will have upon the U.S. ability to mon- Soviets... Novocheborksarsk... But our generals have itor Russian compliance with the CWC; Articles in both the Washington Post told the U.S. that Novocheborksarsk is turn- (6) a detailed estimate of the additional ing out another substance known as VX. cost to the United States of implementing and the Washington Times alleged that the CWC without the BDA in place; the Defense Intelligence Agency has es- Dr. Mirzayanov and other dissident (7) an estimate of the total cost of destroy- timated the Soviet stockpile could be Russian scientists have claimed that ing Russia’s chemical weapons stockpile; and as large as 75,000 metric tons. Russia’s binary weapons program has (8) all documents relating to any discus- Omissions in Russia’s MOU data dec- been specifically crafted to evade de- sions with or assurances made to Russia by larations have clear implications for tection under the verification regime the Administration regarding U.S. assistance of the CWC. They allege that compo- to the Russian destruction program. how Russia will interpret the various provisions of the CWC. Because the nents for the binary agents have been In closing, Mr. President, I should note for given legitimate commercial applica- the record that the unanimous consent BDA mandates annual updates to the agreement in the Senate (to proceed to con- Wyoming MOU, Russian withdrawal tions, that they are not covered under sideration of the CWC on or before Septem- from the BDA may also signal that the CWC’s schedules, and that OPCW ber 14, 1996) is predicated entirely upon the Russia will henceforth refuse to enter- inspectors will not know what they are administration’s providing ‘‘such facts and tain any additional United States ques- examining when they come across such documents as requested by the Chairman and tions about the size of its chemical chemicals. The United States should ranking minority member of the Foreign Re- not ratify the CWC until Russia agrees lations Committee.’’ weapons stockpile or its binary weapons program. Senators should be con- to forgo this abhorrent program. I hope we can work together on this mat- Third, the BDA provides for United ter. I will appreciate your assistance in re- cerned that Russia may intend to pro- solving these questions concerning issues vide to the OPCW data which mirrors States on-site inspections of Russian which so directly impact on the national se- that provided under the Wyoming storage, destruction and production fa- curity of the United States and the Amer- MOU. This would, in this Senator’s cilities, combined with data declara- ican people. view, serve as a clear indicator that tions. The United States can expect to Respectfully, Russia intends to violate the CWC. gain real monitoring benefits from the JESSE HELMS. Second, Russia has consistently re- CWC only if the Bilateral Destruction Mr. HELMS. Mr. President, we are fused to provide information on the Agreement [BDA] is implemented. This all aware of how the administration status of its binary chemical weapons agreement provides for United States has refused, refused to provide the Sen- program. On June 23, 1994, then-Direc- on-site inspections of Russian storage, ate, despite my repeated requests, my tor of Central Intelligence James Wool- destruction and production facilities. repeated entreaties to them, to give us sey declared that ‘‘the data we have re- Without the BDA, the United States an updated assessment of the Russian ceived from Russia makes no reference will be forced to verify Russian CWC position regarding the BDA and the to binary chemical weapons or agents. compliance based upon a smaller num- CWC. That is contrary to our understanding ber of inspections than anticipated Russian Prime Minister of the program that was initiated by under the bilateral arrangement, with Chernomyrdin wrote to Vice President the former Soviet Union.’’ inspections of Russian sites by the GORE on July 8, 1996 stating that both Dr. Vil Mirzayanov, former chief of OPCW rather than by United States the BDA and the 1989 Wyoming memo- counterintelligence at the State Union personnel, and with no guaranteed randum of understanding have outlived Scientific Research Institute for Or- United States access to detailed in- their usefulness to Russia, don’t you ganic Chemistry and Technology, has spection data. In other words, the in- see. Moreover, the Prime Minister, one, stated that the Russian Federation telligence community’s already poor tied Russian ratification of this treaty, may continue work on novel nerve confidence level in its ability to mon- the CWC, to United States agreement agents far more lethal than any other itor Russian treaty compliance will to a joint statement linking ratifica- known chemical agents—substance A– fall even lower. tion by the United States to Russian 230, substance 33, and substance A–232. Fourth, Russian insistence on exclud- ratification; two, stated that the In an article in the Wall Street Journal ing several of its chemical weapons-re- American taxpayers—get this—the on May 25, 1994, Dr. Mirzayanov wrote: lated facilities from the BDA’s defini- American taxpayers must pay the cost tion of ‘‘chemical weapons production It is very easy to produce binary weapons of the Russian destruction program; without detection under the guise of agricul- facility,’’ and hence from the CWC’s and three, he linked ratification to tural petrochemicals. The products easily definition, relates directly to its desire United States acquiescence to Russia’s pass all safety tests and become registered to maintain a clandestine chemical position on conversion of its chemical with the government as legitimate commer- weapons production capability. The S3612 CONGRESSIONAL RECORD — SENATE April 24, 1997 United States refusal to accede to the tougher the issue, the closer the divi- look upon this treaty—as we should Russian position, which would have—in sion within the ranks of the Senate and look upon all treaties—as a living doc- turn—strengthened the Russian case most particularly within our party, the ument, a document that must be for facility conversions under the CWC, tougher the leadership challenge. I am changed by the conscientious efforts of may be a primary reason that Russia proud to join others in saying our lead- the signatories to this treaty. It must has refused to implement the BDA. We er has met that challenge. be changed to meet the advancements should not, under any circumstance, Likewise, my distinguished colleague of technology in the area of chemical allow Russia to exclude its chemical and friend from day one in the Senate, weapons; it must be changed to address weapons facilities from inspection. the senior Senator from North Caro- the concerns that have been raised dur- Moreover, without the bilateral lina, together with Senators KYL and ing this debate. agreement the OPCW will increase the SMITH and INHOFE, have met the chal- Like our Constitution—a document size of its international inspectorate lenge. They have ensured that the Sen- that has lived and survived so that we, and purchase of additional equipment. ate has conducted a full and thorough the United States, are the oldest con- This will drive up vastly the expected debate on this treaty, and they have tinuously functioning form of demo- costs of the regime. Further, the CWC been instrumental in achieving the 28 cratic republic on Earth—this conven- requires States Parties to pay for mon- conditions which have been adopted by tion must be a living document. Our itoring of their chemical weapons pro- the Senate. Those conditions have im- Constitution has been amended. It duction, storage, and disposal facili- proved the document which the Presi- shall be amended, perhaps, in the fu- ties. dent submitted to the Senate in 1993. ture. Because it is a living document. Mr. President, I guess we ought to re- There is a clear division within the It has adapted to the many changes we spond once more—it is an exercise in ranks of Republicans on this issue, and have witnessed as a nation. futility, but we ought to keep respond- it has been a conscientious and This treaty must be regarded as a living to that old litany that we have thoughtful process by which each has ing document and it is incumbent upon heard this day about making the Unit- reached his or her position. this President and his successors there- ed States ratification of the CWC con- Now, Mr. President, to go to the sub- after to work conscientiously, within tingent upon Russia’s acting first. ject itself. I will not go into the details the arena, to see that it is strength- Let us look at a little bit of history. of this treaty. I would like to speak to ened. This Senate approved the START II the broader issue. The work in this debate has gone far treaty amidst a clamor of claims by I first learned of chemical weapons at to show that it is a living document. the administration that a failure to act the knee of my father who was a sur- Under the leadership of Senator HELMS was preventing Russian approval of geon in the trenches in World War I. He and Senator LOTT we have already that treaty. Does anybody hear any- described to me in vivid detail how he brought about a number of changes. thing familiar about that? More than cared for the helpless victims of that The Senate may effect further changes 15 months have passed and the Russian weapon. as the evening progresses. But the im- Duma still has not approved START II. On through my years on the Armed portant thing we must keep in mind is Instead, the Russian leadership ren- Services Committee, where I was the that this document must be regarded dered ratification of the START II point man in the 1980’s to drive as one that has to be improved. And it treaty contingent upon United States through the legislation for binary is the leadership of the United States acquiescence to Russian interpretation chemical weapons because I wanted that must step forward to achieve that of, get this, the 1972 Anti-Ballistic Mis- this country to be prepared to deter goal. sile Treaty and now the Chemical the use of those weapons. And, then, I yield the floor. through the Reagan-Bush era, our Na- Weapons Convention is being tied to The PRESIDING OFFICER (Mr. BEN- tion has come full circle, and decided NATO enlargement and other issues. NETT). The Senator from North Caro- Mr. President, surely, surely, Sen- to lead in the effort to eliminate these lina. weapons. Whether that can be done I ators will not fail to refuse such link- Mr. HELMS. May I ask the distin- know not, nor does anyone. But we ages, and the best way to do it is to re- guished Senator from Oklahoma how cannot turn back now from that lead- quire, to stipulate unmistakably that much time he believes he will need? Russia must act in good faith and rat- ership role. This treaty does not meet my full ex- Mr. INHOFE. May I have 6 minutes? ify the Chemical Weapons Convention Mr. HELMS. I yield 7 minutes to the first. Indeed, in his letter to Vice Presi- pectations. But I think we can fight better in the arena, in the ring, to im- Senator. dent Gore, the Prime Minister of Rus- The PRESIDING OFFICER. The Sen- sia stated that the United States prove this treaty than were we to stay outside and peer over the ropes. It is ator from North Carolina has 5 minutes should wait for Russia. remaining on the amendment. I urge Senators to reject that motion for that reason that I shall cast my The Senator is recognized for the re- to strike. final vote in support of this conven- mainder of the time. I yield the floor. I do not know who tion. has been waiting the longest. I recall the ABM Treaty. I was in Mr. INHOFE. I inquire of the Senator Mr. WARNER. I think the Senator Moscow as a part of President Nixon’s from North Carolina if he has other from Oklahoma, Mr. President, has team, as Secretary of the Navy. The Senators requesting time? been waiting longer than I. I will fol- drafters of that treaty put their minds The PRESIDING OFFICER. The Sen- low him. to dealing with the threat at that pe- ator from North Carolina has 5 minutes Mr. HELMS. I did not see anybody riod of time. They never envisioned, remaining. over here. nor could they envision, a decade or Mr. HELMS. Yes. I think I have some Mr. LEVIN. Senator WARNER is going two decades hence, what the scientific time over in one corner. to get part of our time. community might produce. Therein we The PRESIDING OFFICER. The Sen- Mr. INHOFE. I think Senator WAR- have made a mistake as a nation by ator has time on the resolution, if he NER should go ahead since we are going not adapting that treaty over time to wishes. There are 5 minutes remaining back and forth across the aisle. deal with technological developments. on the motion. Mr. LEVIN. I yield 5 minutes to Sen- I shall continue to fight very vigor- Mr. HELMS. I understand that. I ator WARNER. ously to see that that treaty does not have 5 minutes. Then he would like 2 The PRESIDING OFFICER. The Sen- become written in stone so as to block minutes. So take it out of the other ator from Michigan yields to the Sen- the efforts of our Nation to properly pot. ator from Virginia. defend itself against attack from short- The PRESIDING OFFICER. The Sen- Mr. WARNER. Mr. President, I was range missiles. ator from Oklahoma is recognized for asked by a reporter my view of the dis- I cite that as an example, because up to 2—up to 7 minutes. tinguished majority leader’s role in technology is outpacing what the best Mr. INHOFE. Are you sure that’s this very important debate, and I reminds in this Nation can draft—wheth- right? plied, without hesitation, that the er it is a treaty or a law. We have to The PRESIDING OFFICER. Yes. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3613 Mr. INHOFE. I thank the Senator But, one of the statements that was over again right now that we heard 2 from North Carolina. I do want to ad- made by the distinguished Senator years ago. Mr. President, 2 years ago dress this particular amendment. Be- from Michigan I thought was interest- we stood in this Chamber and they fore I do, I have three articles, and I ing. He said, if I got it right, and cor- said: If we don’t ratify this, Russia ask unanimous consent to have them rect me if I am wrong: ‘‘The single won’t ratify it. Here it is 2 years later printed in the RECORD after my re- most important reason to ratify the and Russia has not ratified it. marks. treaty is to encourage Russia to ratify So I think this is a very significant The PRESIDING OFFICER. Without it.’’ Again, if they do, it really does not requirement, the fact that Ronald objection, it is so ordered. seem to make that much difference be- Reagan said—and this is a direct quote, (See exhibit 1.) cause of their past history on what coming out of his committee at the Mr. INHOFE. The first one is a Wall they have done. time—for ratification, ‘‘All Soviet obli- Street Journal editorial of September I would like to clear up something gations of previous arms control agree- 9, 1996. I will just read the last para- because I think we have gone through ments would have to be corrected.’’ graph. a lot of debate on this issue. It has And we have five such agreements that Ultimately the treaty’s most pernicious ef- been clearly implied by both Repub- have not been corrected to date. fect is that it would lull most responsible na- licans who are supporting the ratifica- So, I hope no one stands on the floor tions into the false belief that they’d ‘‘done tion of the Chemical Weapons Conven- the rest of the evening and talks about something’’ about the chemical weapons problem and that it now was behind them. tion as well as Democrats who are sup- how Ronald Reagan would have ratified Yes, the world would be a better place with- porting it that this was started in the this Chemical Weapons Convention. out chemical weapons. But this treaty’s at- Reagan administration and that Ron- EXHIBIT 7 tempt to wave them away isn’t going to ald Reagan was in support of a chemi- [From the Wall Street Journal, Sept. 9, 1996] make that happen. cal weapons treaty. POISONS FOR PEACE I happened to run across something The other two, one by Frank Gaffney, The greatest misperception about the Jr. and the other by Douglas Feith, adhere that I am going to read. These are Chemical Weapons Convention, which comes dress the regulation problems that the conditions—I am going to save the before the Senate this week for ratification, would come from this to literally thou- best one until last—the conditions is that it can’t do any harm and might do sands of companies throughout Amer- under which Ronald Reagan said he some good. Former Reagan defense official ica. In fact, the Commerce Department would agree to the ratification of a Fred Ekle aptly calls this mind-set ‘‘poisons guidance on recordkeeping for affected chemical weapons convention. for peace.’’ Who could possibly be against businesses runs more than 50 pages. First, the condition was that strate- making the world safe from the horrors of Mr. President, you have run compa- gic defense initiative and theater mis- poison gas? In fact, this treaty would make sile defense systems would be deployed the horrors of poison gas an even greater nies. You know one of the major rea- possibility. sons we are not globally competitive and operational as one safeguard The first problem is that many of the na- here in the United States is that we are against cheating. tions we have cause to worry about most overregulated. There is a tremendous As we know, currently we do not aren’t about to sign. What good is a treaty cost to these regulations. If the re- have those in place. that doesn’t include Iraq or Libya or Syria quirements exceed 50 pages, imagine No. 2, that the Chemical Weapon or North Korea? Somehow knowing that New what the companies would have to do. Convention’s international executive Zealand and the Netherlands have both rati- Mr. President, in a way I think the council would consist of 15 members, fied it doesn’t help us sleep more soundly. other side of this has perhaps used the including the United States as one of Worse, the treaty would give all signato- the five permanent members, just like ries access to our latest chemical tech- wrong argument. There is an argument nology, since Article XI enjoins signatories they are overlooking, and that is it the U.N. Security Council. The current from keeping chemicals, information or does not seem to make a lot of dif- treaty gives us a 41-member executive equipment from one another. This means not ference whether Russia ratifies this or council, each with 2-year terms, and no only countries such as China and Russia, but not because, as we have said several permanent members; hence, no veto. also Cuba and Iran, which have both signed. times during the course of this debate, Third, that the United States would In other words, forget about the trade em- they ratified a lot of treaties, including have absolute veto power over all CWC bargoes and forget about foreign policy. The the 1990 Biological Weapons Destruc- decisions. Obviously, in this one there treaty would require the U.S. to facilitate is no veto power. Obviously, the Presi- the modernization of the chemical-weapons tion treaty, the ABM Treaty—that industry in a host of countries that just goes all the way back to the 1970’s—the dent would not have supported this. might use them. START I, CFE, INF. And while they President Reagan also, even though The second problem is verification. No one, have ratified these, they have not com- it is not on my list, verbally indicated not even its most ardent supporters in the plied. on more than one occasion that one of Administration, is naive enough to claim There are three steps you go through. his conditions would be that we would that the treaty is verifiable. Chemical weap- One is you have to sign them. Second, not have to incur the financial respon- ons are easy to make and easy to hide. The you ratify them. But, third, you have sibility, in the United States, of other sarin that was used in the attack in the countries complying with it. In fact, Tokyo subway last year was concocted in an to comply. And they have been found 812 room. Instituting snap inspections of out of compliance. I cannot imagine right now our compliance costs on this companies that make or use chemicals isn’t why we would expect that they would convention appear to be, according to going to stop a future Aum Shinri Kyo. Nor comply with this one if they ratified it the Foreign Relations Committee re- is it going to stop a determined government. if they have not complied with the pre- port, $13.6 billion and the cost of Rus- In addition, the inspection and reporting vious ones. sia complying with this would exceed procedures required under the treaty would The distinguished Senator from that. be a huge burden on American business, Michigan quoted, somewhat exten- It has been stated on this floor many which of course would become even more sively, Gen. John Shalikashvili, the times that Russia has somewhere be- nervous about industrial espionage. Senator tween 60 and 70 percent of all the chem- Jon Kyl estimates that up to 10,000 American Chairman of the Joint Chiefs of Staff, companies would be affected at a cost ap- as saying that this would have the ef- ical weapons in the world, so, obviously proaching $1 billion a year. Every company fect of reducing the proliferation of it would be more than that. What is that uses or produces chemicals would fall chemical weapons. Russia going to do? Are they going to under the long arm of the treaty—companies I would only say, trying not to be re- comply? Let us say they go ahead and like Pfizer and Quaker Oats and Strohs dundant, if that is the case, then you ratify. If they ratify it, you know, ev- Brewery and Maxwell House Coffee and are taking his word over four previous eryone in this Chamber knows, that Goodyear Tire. Dial Corp., which uses 5,000 Secretaries of Defense: Dick Cheney, they are going to look to the United different chemicals to produce an array of James Schlesinger, Don Rumsfeld, and States to pay for their obligation under household products, estimates that it will have to spend $70,000 a year to meet the trea- Cap Weinberger, all four of whom said the treaty. That is what they are doing ty’s reporting requirements. this would have the effect of increasing on START II. In fact, I have to go back The small number of chemical companies the proliferation of chemical weapons and make that statement also, that we that make the lethal stuff would of course be and their use in the Middle East. are hearing this same argument all covered, too, and much has been made of the S3614 CONGRESSIONAL RECORD — SENATE April 24, 1997 treaty’s endorsement by the Chemical Manu- For example, the administration convened [From the San Diego Union-Tribune, Sept. 8, facturers Association, which represents just a series of briefings for Senate staffers over 1996] 190 member companies and had a hand in for- the August recess. In these lopsided sessions, ‘‘OPEN UP IN THE NAME OF THE .. . ORGANIZA- mulating the treaty’s verification proce- a gaggle of 15 or more executive branch offi- TION FOR THE PROHIBITION OF CHEMICAL dures. The industry is already very heavily cials harangued three of four folks from Cap- WEAPONS?’’ regulated, and the treaty’s inspection and re- itol Hill, in some cases for hours on end. Un- (By Douglas J. Feith) porting requirements wouldn’t be much of an fortunately, the briefers repeatedly misled The Chemical Weapons Convention would additional burden. It also can’t hurt that the the staffers—notably with respect to the be the first arms control agreement to reach treaty would increase its members’ trading costs of the CWC to American taxpayers and into the lives of non-military U.S. businesses and sales opportunities thanks to Article XI. to thousands of American companies. Among and impose costs and regulatory burdens. The list of problems with the treaty goes other things, the administration is signifi- It would oblige the government to adopt on and on. Constitutional scholar Robert cantly low-balling the U.S. portion of the ex- implementing legislation to compel a wide Bork raises the possibility that the verifica- penses associated the new U.N.-style inter- range of American businesses—including tion requirements might violate the Con- national bureaucracy created to gather data tire, paint, pharmaceutical, fertilizer and stitution’s ban on search and seizure, and its and conduct inspections. Clinton officials electronics manufacturers, distillers, food property rights guarantees. The Pentagon have also minimized the likely loss of propri- processors and oil refiners—to keep special isn’t happy with it since, under the Clinton etary data when a company’s sensitive facil- records. (The Commerce Department guid- Administration’s interpretation, it would ity is gone over for up to 84 hours by inspec- ance on record-keeping for affected busi- prohibit the military from using non-lethal tors who will be, likely as not, detailed from chemical agents. It’s not hard to imagine a nesses runs more than 50 pages.) foreign commercial espionage organizations. Affected businesses would be forced to sub- scenario in which the Army is forced to Incredibly, even some of the companies at shoot people because it’s not permitted to mit to routine and possibly ‘‘challenge’’ in- greatest risk appear to be susceptible to the spections by officials of an international or- use tear gas. administration’s disinformation on this Ultimately the treaty’s most pernicious ef- ganization—the Organization for the Prohi- score. Take, for example, an Aug. 7 letter to fect is that it would lull responsible nations bition of Chemical Weapons. The warrantless Sen. Richard Lugar from the Pharmaceutical into a false belief that they’d ‘‘done some- inspections, which may run afoul of U.S. thing’’ about the chemical weapons problem Research and Manufacturers of America constitutional rights under the Fourth and and that it now was behind them. Yes, the (PhARMA), a trade association for some of Fifth Amendments, could jeopardize impor- world would be a better place without chemi- the nation’s most cutting-edge biotech firms. tant private proprietary information. cal weapons. But this treaty’s attempt to Clinton officials reportedly induced The regulatory cost is just one of a number wave them away isn’t going to make that PhARMA’s president to tell the treaty’s top of flaws. In the final analysis, what the CWC happen. Senate cheerleader that it supported the amounts to is a general declaration, a state- CWC with the promise that the administra- ment of disapproval of chemical weapons [From the Washington Times, Sept. 4, 1996] tion would not allow the CWC’s verification that would be made sincerely only by the protocol to be extended to the existing (and IMPENDING CWC DEBATE world’s law-abiding nations. The treaty similarly unmonitorable) Biological Weap- (By Frank Gaffney, Jr.) would accomplish little more than the typi- ons Convention. There is a certain irony to the timing of cal United Nations General Assembly resolu- PhARMA’s members clearly understand an tion. Such rhetorical exercises are not nec- the looming Senate debate on the Chemical important reality: If, under the biological Weapons Convention. After all, in a sense essarily bad or useless, but they do not weapons treaty, America’s pharmaceutical amount to a whole lot. this treaty was the direct result of one of manufacturers were subjected to a reporting Saddam Hussein’s earlier genocidal oper- We would favor paying a substantial price and inspection regime similar to that of the ations against the Kurds of Northern Iraq. It for a ban on chemical weapon possession if CWC, they could lose their shirts. After all, came about after the abysmal 1989 con- such a ban covered the relevant countries on average these companies invest 12 years ference in Paris where scores of nations and it could be made effective through reli- and some $350 million to produce a new could not being themselves even to cite—let able detection of illegal production and breakthrough drug. Trial inspections suggest along condemn or sanction—the Iraqi gov- stockpiling. But such results hardly seem that a single on-site, inspection by a trained ernment for its use of chemical weapons likely. We tend to think of the Chemical intelligence operative could greatly reduce, against its own people, let alone the Iranian Weapons Convention this way: Even a price if not wipe out, the competitive advantage military. Such attacks directly violated the you may be willing to pay for a new car will acquired at such a high price. existing ‘‘international norm’’ on chemical appear ridiculously high if you learn that warfare: the 1925 Geneva Protocol banning The only problem with PhARMA’s stance the car cannot be made to drive. the use of chemical weapons. is, that many of its member companies will Mr. LEVIN. Mr. President, I yield 2 find themselves subjected to precisely that In a bid to deflect criticism for the inter- minutes to the Senator from Massa- national community’s failure to enforce one danger under the terms of CWC. So might a great many other companies having nothing chusetts. relatively verifiable arms control treaty, the The PRESIDING OFFICER. The Sen- politicians and diplomats decided to nego- to do with chemical weapons and in indus- tiate a new, utterly unverifiable agreement. tries as diverse as automotive, food process- ator from Massachusetts. After four years of further negotiations in ing, electronics, alcohol distilling and brew- Mr. KENNEDY. Mr. President, I Geneva, a brand new ‘‘international norm’’ ing, oil refining, soap and detergents, cos- strongly support this treaty, and I against chemical warfare was minted: the metics, textiles and paint and tire manufac- strongly urge the Senate to ratify it. Chemical Weapons Convention (CWC). turers. Among the companies listed on a re- In a sense, this debate is as old as Now, readers of this column learned last cent Arms Control and Disarmament Agency America. Two centuries ago, with our week that, quite apart from the problems list of businesses ‘‘likely’’ to be affected by independence newly won, the Founding the CWC’s various requirements are: Eli with this treaty from the standpoint of its Fathers urged us to beware of ‘‘entan- verifiability and enforceability, there are a Lilly, Sherwin-Williams, Nutrasweet, Jim number of questions that have been posed Beam, Archer Daniels Midland, Lever Broth- gling foreign alliances.’’ They wrote about how the CWC has been affected by ers, Kaiser Aluminum, Goodyear Tire and into the Constitution a requirement Russian bad faith and other changed cir- Rubber, Xerox Raythoen and Conoco. If the that any treaty with foreign nations cumstances since the United States signed trade associations representing these major must be confirmed by a two-thirds vote up in 1993. Such questions were supposed to American businesses are operating under il- of the Senate. have been answered before the Senate con- lusions similar to PhARMA’s their member By any rational standard, this treaty sidered this accord on or before Sept. 14. As companies may wish to join the call for a meets that test. the answers are inconvenient (for instance, ‘‘time-out’’ on Senate action on the CWC. Nevertheless, the treaty is being op- Some senators may be tempted to ignore confirmation that Moscow is welching on a posed by an entrenched band of foreign 1990 Bilateral Destruction Agreement and de- the administration’s stonewalling of legiti- manding that the West pay the estimated mate and troubling questions relevant to the policy ideologues and isolationists who $3.3 billion it will take Russia to dismantle CWC that have been posed by their own lead- think the United Nations is the enemy its vast chemical arsenal), it has employed ership. Some may consider the administra- and who say the arms race should be its favorite tactic with regard to congres- tion’s understanding of the treaty’s associ- escalated, not restricted. History sional information requests: Stonewall. ated costs and its inflating of the claims ben- proved their ilk wrong once before, Since that column was written, however, efits to be business as usual for the Clinton when they sank the League of Nations the administration’s machinations on behalf team. It is, however, very much to be hoped in the 1920’s. And it will prove them of the Chemical Weapons Convention have, that at least 34 members of the U.S. Senate as Alice said of Wonderland, become will refuse to tolerate such behavior and, in- wrong again with far more drastic con- ‘‘curiouser and curiouser.’’ This is particu- sist that consideration of the Chemical sequences than World War II, if they larly evident in the Clinton teams’s efforts Weapons Convention be postponed until cor- prevail today. to dissemble about what the CWC won’t do— rective action can be taken and, failing that, We cannot let that happen. The Sen- and what it will. that the convention be defeated outright. ate should reject the remaining killer April 24, 1997 CONGRESSIONAL RECORD — SENATE S3615 amendments, and give this treaty the tle differences of opinion the wrong The PRESIDING OFFICER. The Sen- two-thirds vote it needs and deserves. way. They are killer amendments. I ator from Pennsylvania is recognized. The 29-year-old pursuit of a chemical hope the Senate will note ‘‘no’’ on all Mr. BIDEN. Mr. President, I would weapons treaty has finally reached its of them. If any of them passes, it will like to reserve 30 seconds of whatever moment of truth in the U.S. Senate. doom our participation in the treaty, my time is. Few votes cast in this Congress or any and relegate us to the company of out- The PRESIDING OFFICER. The Sen- Congress are likely to be more impor- law regimes like North Korea and ator from Pennsylvania is recognized tant. Libya, who also reject the treaty. for 5 minutes. The effort to achieve this treaty was Two of the killer amendments condi- Mr. SPECTER. I thank my colleague launched in 1968, and its history is tion our participation on whether from Delaware for yielding the time. Mr. President, on the pending issue, genuinely bipartisan. It has moved for- other nations—Russia, Iran, Iraq, having studied the conditions as to ward under Republican and Democratic Syria, and China—have already become what is sought here by way of prelimi- Presidents alike. In 1968, the final year participants. Essentially, they would nary action by Russia before ratifica- of the Johnson administration, inter- hand over U.S. security decisions to tion should occur by the United States, national negotiations began in Geneva those nations. it is my strong view that we really to build on the 1925 Geneva Protocol A third killer amendment arbitrarily ought not to play Gaston and Alphonse and try to reduce the production of excludes all representatives from cer- with the Russians to require them, as chemical weapons. tain other countries from participating article C does, for Russia to deposit In the 1970’s, President Gerald Ford in verification inspections. This their ratification before the United had the vision to take that initiative a amendment ignores the ability that States ratifies. major step forward during intense the treaty already gives us to reject I think that that sets up a condition international negotiations. any inspectors we believe are not trust- which is just not reasonable. If they President Ronald Reagan advanced it worthy. took the same position, as Alphonse to the next stage with his efforts on A fourth killer amendment omits and and Gaston, no one would ever enter arms control in the 1980’s. And Presi- alters other key parts of the treaty the door. dent Bush deserves high praise for em- that deal with the export of certain With respect to the other conditions bracing the ideal of eliminating chemi- materials. Its proponents fear that which are set forth here, all of the sub- cal weapons, for making it a serious rogue nations may gain valuable tech- stantive matters would be superseded worldwide effort, and at long last nology from us. by the Chemical Weapons Convention, bringing it to the stage where it was Nothing in the convention requires that the requirements set forth in this ready to be signed. In one of his last the United States to weaken its export treaty would impose more obligations acts in office, George Bush signed the controls. Experts in the chemical in- on Russia than are contained in these treaty, on January 13, 1993. dustry, trade organizations, and gov- instruments. President Clinton formally submit- ernment officials have worked to en- And under instrument A, where it is ted the Chemical Weapons Convention sure that nothing in the treaty threat- talked about, an agreement between to the Senate for its advice and con- ens our technology and industrial the United States and Russia, that was sent later that year. Now, it’s our turn. power. never formalized into an agreement be- Today, the Senate can and should join The fifth killer amendment places an cause all terms were never agreed to by in this historic endeavor to rid the unrealistically high standard of ver- the parties, so that this is not a condi- world of chemical weapons. We can be- ification on the treaty. It requires the tion which adds any measure of safety stow a precious gift on generations to treaty verification procedures to ac- to the United States since all of the re- come by freeing the world of an entire complish the impossible, by being able quirements imposed on Russia in these class of weapons of mass destruction. to detect small, not militarily signifi- collateral arrangements would be su- The chemical weapons treaty bans cant, amounts of dangerous chemical perseded and more stringent require- the development, production, stock- meterials. ments would be added by the Chemical piling, and use of toxic chemicals as No international agreement can ef- Weapons Convention. weapons. Previous agreements have fectively police small amounts of raw Mr. President, I compliment my col- merely limited weapons of mass de- materials that might possibly be used leagues on both sides for what I believe struction. But the Chemical Weapons in chemical weapons production. Every has been a very, very constructive de- Convention sets out to eliminate them effort is being made and will be made bate in the highest tradition of the from the face of the earth. to make the detection procedures as ef- U.S. Senate. I compliment the distin- The United States has already taken fective as possible. It is hypocritical guished chairman of this committee, Senator HELMS, for his determination. many steps unilaterally to implement for opponents to attempt to scuttle And it is noted that some 28 of the 33 a ban of our own. As long ago as 1968, this treaty because they feel it does conditions have been agreed to. Even this country ordered a moratorium on not go far enough. beyond those conditions, the President chemical weapons production. The overwhelming majority of past today, in writing to the distinguished When President Bush signed the trea- and present foreign policy officials, majority leader, has articulated fur- ty on behalf of the United States, he military leaders, large and small busi- ther safeguards which would be present also ordered the unilateral destruction nesses, Fortune 500 companies, Nobel so that in sum total we have an agree- of the U.S. stockpile of these weapons. laureates, veterans organizations, reli- ment which, while not perfect, ad- Regardless of the treaty, the United gious groups, environmentalists and vances the interest of arms control. States is destroying its chemical weap- public interest groups are united in In my capacity as the chairman of on stockpile. their strong support of the convention. the Senate Veterans Committee, I have Today culminates many years of It is a practical international agree- chaired hearings on the issue of the work and compromise. The Senate has ment with practical benefits for the gulf war syndrome where there is evi- held 17 hearings on the convention. United States, and the United States dence that our veterans in the gulf Every issue has been exhaustively ana- should be a part of it. were damaged by chemical substances, lyzed. The result is the shoot-out that Mr. BIDEN. Mr. President, how much not conclusively, but that is the indi- the leadership has arranged today on time do I have on this amendment? cation, and that had such a treaty been this series of killer amendments. The PRESIDING OFFICER. The Sen- in effect, again, not conclusive, but a Bipartisan negotiations have ator from Delaware has 5 minutes 45 strong indication, that our troops achieved agreement on 28 amendments seconds. might have been saved to some extent. to the treaty, none of which go to the Mr. BIDEN. Mr. President, unless And certainly if we intend to take a heart of the treaty and many of which there is someone in opposition, I yield firm stand on a moral plane, the Unit- help to clarify it. as much time of the remaining time ed States has to be a part of this cov- But five major issues have not yet that my colleague from Pennsylvania enant to try to reduce chemical weap- been settled. The five amendments, on would like to the Senator from Penn- ons. And this treaty goes a substantial which we are voting today, seek to set- sylvania, Senator SPECTER. way. S3616 CONGRESSIONAL RECORD — SENATE April 24, 1997 And the search and seizure provisions In the event that a State Party or States Johnson Lugar Rockefeller are adequate to protect constitutional Parties to the Convention act contrary to Kennedy McCain Roth the obligations under Article I by: Kerrey Mikulski Sarbanes rights, a field I have had substantial Kerry Moseley-Braun Smith Gordon H experience with as a district attorney, (A) using Article X to justify providing de- Kohl Moynihan Snowe fensive CW equipment, material or informa- so that there will have to be a criminal Landrieu Murray Specter tion to another State Party that could result Lautenberg Reed Stevens standard of probable cause. in U.S. chemical protective equipment being Leahy Reid Torricelli Taken as a whole, with the additions compromised so that U.S. warfighting capa- Levin Robb Wellstone by the President today—even though it bilities in a CW environment are signifi- Lieberman Roberts Wyden had been made a part of the RECORD, I cantly degraded; NAYS—34 ask unanimous consent that, following (B) using Article XI to justify chemical Abraham Gramm Murkowski my comments, the President’s letter to transfers that would make it impossible for Allard Grams Nickles Senator LOTT be printed in the RECORD. me to make the annual certification that the Ashcroft Grassley Santorum The PRESIDING OFFICER. Without Australia Group remains a viable and effec- Bennett Helms Sessions tive mechanism for controlling CW prolifera- Bond Hutchinson Shelby objection, it is so ordered. tion; or Brownback Hutchison Smith Bob (See exhibit 1.) (C) carrying out transfers or exchanges Burns Inhofe Thomas Mr. SPECTER. All factors consid- Campbell Kempthorne Thompson under either Article X or XI which jeopardize Coverdell Kyl Thurmond ered, this is a treaty which ought to re- U.S. national security by promoting CW pro- Craig Lott Warner ceive Senate ratification. liferation: Enzi Mack EXHIBIT 1 I would, consistent with Article XVI of the Faircloth McConnell THE WHITE HOUSE, CWC, regard such actions as extraordinary The amendment (No. 48) was agreed Washington, April 24, 1997. events that have jeopardized the supreme in- to. terests of the United States and therefore, in Hon. TRENT LOTT, Mr. LEAHY. I move to reconsider the Majority Leader, U.S. Senate, Washington, DC. consultation with the Congress, be prepared to withdraw from the treaty. vote. DEAR MR. LEADER: During Senate ratifica- Mr. BIDEN. I move to lay it on the tion proceedings on the Chemical Weapons Sincerely, Convention (CWC), concerns have been raised BILL CLINTON. table. over Article X, which provides for certain The PRESIDING OFFICER. The Sen- The motion to lay on the table was types of defensive assistance in the event ator from Delaware has 1 minute re- agreed to. Mr. LEAHY. Mr. President, how that a State that has joined the treaty and maining. renounced any chemical weapons (CW) capa- much time is reserved for the Senator Mr. BIDEN. Mr. President, let me bility is threatened with or suffers a chemi- from Vermont? just take the minute to say the follow- cal weapons attack, and Article XI, which The PRESIDING OFFICER. The Sen- ing: If you do not like this treaty and encourages free trade in non-prohibited ator has 14 minutes remaining on the you are not for it, vote against it. If chemicals among states that adhere to the resolution. CWC. Some have suggested that these Arti- you think this treaty makes sense, Mr. LEAHY. Mr. President, for the cles could result in the CWC promoting, vote for my amendment, because if this rather than stemming, CW proliferation de- benefit of my colleagues, I will be very treaty contains this provision, it is brief. Mr. President, I appreciate ef- spite States Parties’ general obligation dead. This is a so-called killer amend- under Article I ‘‘never under any cir- forts of the Senator from Utah to get ment. cumstances . . . to assist, encourage or in- order, and that is no more than I could duce, in any way, anyone to engage in any So those of you who have concluded expect for somebody that bears certain activity prohibited to a State Party under you are not going to vote in the final similarities to the Senator from Ver- this Convention.’’ analysis for this treaty, vote no. Those mont. To respond to these concerns, the Adminis- of you who have decided you want to Earlier, the distinguished Senator tration has worked closely with the Senate vote for this treaty—to cut through it to develop conditions relating to both Arti- from Delaware read a long list of staff all—vote yes. I mean, it really is that and Senators and others who deserve cles that have now been incorporated in the basic, because if my motion fails to resolution of ratification (Agreed Conditions praise for getting us as far as we are. #7 and 15). These two conditions would sub- strike, this treaty is dead. The name of the distinguished Senator stantially reinforce and strengthen the trea- I yield back the remainder of my from Delaware is notably absent, and I ty by: time, if my colleague from North Caro- think that those who support the CWC Prohibiting the United States under Arti- lina is prepared to yield back his time. owe a debt of gratitude to the Senator cle X from (a) providing the CWC organiza- I am prepared to vote. from Delaware. In the customary prac- tion with funds that could be used for chemi- Mr. HELMS. The yeas and nays have tice, he left his own name off, but if I cal weapons defense assistance to other been ordered? States Parties; and (b) giving certain states might add his name to the record and that might join the treaty any assistance The PRESIDING OFFICER. The yeas put it in. other than medical antidotes and treatment. and nays have been ordered. All time Mr. President, I am, as you know, a Requiring the President to (a) certify that has expired. supporter of the CWC. Again, I com- the CWC will not weaken the export controls The question occurs on agreeing to pliment what we have done. As in the established by the Australia Group and that amendment No. 48 offered by the Sen- test ban treaty, when countries were each member of the Group intends to main- ator from Delaware. The yeas and nays not coming forward, the United States tain such controls; (b) block any attempt have been ordered. The clerk will call within the Group to adopt a contrary posi- unilaterally banned their own tests and tion; and (c) report annually as to whether the roll. then other countries joined us—not Australia Group controls remain effective. The legislative clerk called the roll. every country that has nuclear capabil- With respect to the latter condition, I am The PRESIDING OFFICER. Are there ity, but other countries did join us— pleased to inform you that we have now re- any other Senators in the Chamber de- and we brought the pressure forward ceived official confirmations from the high- siring to vote? for a test ban treaty. est diplomatic levels in each of the 30 Aus- The result was announced—yeas 66, The United States took an initiative tralia Group nations that they agree that nays 34, as follows: with chemical weapons. We banned our the Group’s export control and nonproliferation measures are compatible with the CWC [Rollcall Vote No. 47 Ex.] own use, unilaterally. When we did and that they are committed to maintain YEAS—66 that, other countries joined us. Not all countries, but other countries, most such controls in the future. Akaka Cochran Ford While supporting these guarantees and Baucus Collins Frist countries, joined us. safeguards, you expressed the concern on Biden Conrad Glenn Now if we vote to advise and consent Sunday that nations might still try to use Bingaman D’Amato Gorton on this treaty we will have pressure, Article X or XI to take proscribed actions Boxer Daschle Graham Breaux DeWine Gregg the pressure of the most powerful Na- that could undercut U.S. national security tion on Earth, joined by all these other interests, notwithstanding the best efforts of Bryan Dodd Hagel Bumpers Domenici Harkin U.S. diplomacy to prevent such actions. I countries, pressure on the few rogue Byrd Dorgan Hatch countries who have not done that. I say am, therefore, prepared to provide the fol- Chafee Durbin Hollings lowing specific assurance related to these Cleland Feingold Inouye that, Mr. President, because there is two Articles: Coats Feinstein Jeffords one other weapon, a weapon that kills April 24, 1997 CONGRESSIONAL RECORD — SENATE S3617 and maims far more people than chem- This yardstick of ‘‘effective verifica- chemical agent. For example, accord- ical weapons. That is the weapon of tion’’ has been the standard against ing to today’s Washington Times, Rus- antipersonnel landmines. There are 100 which every arms control treaty for sia may produce its new nerve agents million landmines in over 65 countries the last decade has been measured. It at a pilot plant in quantities of only 55 today. As one person told me, in their should be the standard against which to 110 tons annually. country, they clear these landmines an the CWC is measured as well. In other words, the intelligence com- arm and a leg at a time. Every 22 min- For any arms control treaty to be ef- munity has low confidence in its abil- utes an innocent civilian—almost al- fective it must be verifiable. When Vice ity to detect in a timely fashion the ways a civilian—is killed or injured by President George Bush put forward the covert production of chemical weapons an antipersonnel landmine. The United first U.S.-sponsored text for the CWC, which could produce militarily signifi- States should now do the same thing he told negotiators in Geneva on April cant quantities. We should not cheapen they did. 18, 1984, that: the norm of effective verifiability by The United States should do the For a chemical weapons ban to work, each claiming that the CWC meets this same thing we did with chemical weap- party must have confidence that the other standard—for it patently does not. ons. We should move unilaterally, ban parties are abiding by it. . . . No sensible In conclusion, verification of the our own use, ban our own export, ban government enters into those international CWC is plagued by the fact that too our own production of antipersonnel contracts known as treaties unless it can as- many chemicals are dual-use in nature. landmines, expand on the Leahy legis- certain—or verify—that it is getting what it Chemicals used to make pen ink can be lation already passed by the House and contracted for. used to make deadly agent. It is impos- Senate. Do that and then join with I could not agree more. sible to monitor every soap, detergent, like-minded nations. There are tens of In my view, this standard cannot be cosmetic, electronics, varnish, paint, like-minded nations that have already met by the CWC. On March 1, 1989, pharmaceutical, and chemical plant done that. then-Director of Central Intelligence around the world to ensure that they Join with them, agree, together, that [DCI] William Webster stated that are not producing chemical weapons, or this is what we will do. It will not be monitoring the CWC ‘‘is going to be that toxic chemicals are not being di- every nation. It will not be some of the costly and difficult, and, presently, the verted to the production of weapons nations most needing to do this like level of confidence is quite low.’’ On elsewhere. Countries such as Russia are Russia and China, but we will have the January 24, 1989, Director Burns noted well aware that if they ratify the CWC, same moral suasion that we have with that ‘‘verification of any chemical ban they can cheat with impunity. Indeed, the chemical weapons convention. We is going to be extremely difficult.’’ on May 6, 1996 the Defense Intelligence can do it with chemical weapons and ACDA’s section 37 report on the CWC, Agency informed the chairman of the should. Now let us follow exactly the submitted on March 18, 1994, states Senate Select Committee on Intel- same step, join with the Canadians and that the CWC’s verification provisions, ligence that Russia intends to main- others and do it with antipersonnel together with National Technical tain the capability to produce chemical landmines. This country is capable of Means [NTM], ‘‘are insufficient to de- weapons, regardless of whether or not it. It would be a moral step. It would be tect, with a high degree of confidence, it ratifies the CWC. a dramatic step that would help the in- all activities prohibited under the Con- The Senate, therefore, should not nocent civilians who die from that. vention.’’ Then-DCI Woolsey testified I withhold the balance of my time agree to this treaty until U.S. intel- on June 23, 1994 that ‘‘I cannot state ligence capabilities have caught up and yield the floor. that we have high confidence in our The PRESIDING OFFICER. The Sen- with President Clinton’s Wilsonian ability to detect noncompliance, espe- ator from North Carolina. idealism. Mr. HELMS. Mr. President, we all cially on a small scale.’’ Finally, I will say a word or two know full well that this administration Most significantly, declassified por- about the counter-arguments we have has already testified that the CWC is tions from the August 1993 NIE note: heard on this condition. Patently ig- ‘‘effectively verifiable.’’ The Director The capability of the intelligence commu- noring the conclusions of the Joint of the Arms Control and Disarmament nity to monitor compliance with the Chemi- Chiefs, the administration has claimed cal Weapons Convention is severely limited that the right standard for detecting Agency, John Holum, testified on and likely to remain so for the rest of the March 22, 1994, that ‘‘the treaty is ef- violations is not 1 metric ton, but a decade. They key provision of the monitor- ‘‘large-scale, systematic effort by a po- fectively verifiable’’ and that the Dep- ing regime—challenge inspections at uty Under Secretary of Defense for Pol- undeclared sites—can be thwarted by a na- tential adversary to equip its armed icy, Walter Slocombe, made similar tion determined to preserve a small, secret forces with a militarily significant claims on May 13, 1994. However, just program using the delays and managed ac- chemical warfare capability * * *’’ It is because administration officials have cess rules allowed by the Convention. absurd to say that if the intelligence declared the CWC to be ‘‘effectively With respect to military significance, community has high confidence in its verifiable’’ does not make it so. General Shalikashvilli testified on Au- ability to detect ‘‘any large-scale, sys- Indeed, by making such claims the gust 11, 1994 that: tematic effort by a potential adversary Clinton administration has done great In certain limited circumstances, even one to equip its armed forces with a mili- violence to the standard of ‘‘effective ton of chemical agent may have a military tary significant chemical warfare capa- verification’’ developed and refined by impact . . . With such variables in scale of bility * * *’’ the CWC is effectively veri- the Reagan and Bush administrations target and impact of chemical weapons, the fiable. as a key criteria for arms control trea- United States should be resolute that the 1 I have no doubt that it would be dif- ties. The definition of ‘‘effective ver- ton limit set by the Convention will be our ficult to conceal the existence of a pro- ification’’ was first offered to the For- guide. gram the scope and size of the former eign Relations Committee by Ambas- The bottom line is that a stockpile of Soviet Union’s for example. But not sador Paul Nitze during hearings on 1 ton of chemical agent can prove of one of the countries that currently en- the INF Treaty in 1988 and subse- military significance. Unclassified por- visions a need for chemical weapons in- quently further refined on January 24, tions of the NIE on U.S. monitoring ca- tends to wage World War III and con- 1989, by ACDA’s Director, Maj. Gen. pabilities indicate that it is unlikely quer Western Europe. Not one. William Burns, and again in January that the United States will be able to Again, let me reiterate just how ri- 1992 by Secretary of State James detect or address violations in a timely diculous this argument is. Nobody—not Baker. The components of effective fashion, if at all, when they occur on a Russia, China, Iran, Iraq, Libya, Syria, verification, as defined during testi- small scale. And yet, even small-scale India, Pakistan, Egypt, or North mony, are: (1) a ‘‘high level of assur- diversions of chemicals to chemical Korea—is engaged in a large scale ef- ance’’ in the intelligence community’s weapons production are capable, over fort. ability to detect (2) a ‘‘militarily sig- time, of yielding a stockpile far in ex- Indeed, such a certification is inher- nificant’’ violation in (3) a ‘‘timely cess of a single ton. Moreover, few ently contradictory since a country de- fashion.’’ That definition is the one countries, if any, are engaging in much sirous of developing a militarily sig- used in this condition. more than small-scale production of nificant stockpile of chemical agent S3618 CONGRESSIONAL RECORD — SENATE April 24, 1997 need not engage in a large-scale, sys- AMENDMENT NO. 49 munism, and on the defeat of Iraqi ag- tematic effort. The Chairman of the (Purpose: To strike condition No. 33, relating gression in the Persian Gulf. This Joint Chiefs of Staff, General John to effective verification) evening, we can again assert our irre- Shalikashvilli, testified before the Mr. BIDEN. Mr. President, I send an placeable leadership by participating Armed Services Committee on August amendment to the desk and ask for its in an effort to ban chemical weapons 11, 1994, that: immediate consideration. around the world. Even one ton of chemical agent may have The PRESIDING OFFICER. The Mr. President, condition No. 33, a military impact . . . With such variables in clerk will report. which we are now debating, must be scale of target and impact of chemical weap- The legislative clerk read as follows: stricken in order for the United States ons, the United States should be resolute The Senator from Delaware [Mr. BIDEN] to participate in the CWC. Condition that the 1 ton limit set by the Convention proposes an amendment numbered 49. No. 33 requires that the President— will be our guide. Beginning on page 65, strike line 25 and all these are the conditions of condition that follows through line 3 of page 67. In other words, the production of 1 No. 33—the President of the United militarily significant ton of agent does Mr. BIDEN. Mr. President, I ask States must certify with ‘‘a high de- not require a large-scale program. To unanimous consent that the time gree of confidence’’ that our intel- knock-out every key logistical node in consumed by the Senator from North ligence community can detect ‘‘mili- Saudi Arabia, Saddam Hussein needs Carolina in his previous speech be de- tarily significant’’ violations of the only a handful of SCUD’s with chemi- ducted from the 10 minutes of time al- convention. cal warheads. He does not need an elite lotted to his side, and that 10 minutes Now, Mr. President, what does ‘‘mili- force of infantry trained in chemical- remain on the side of the Senator from tarily significant’’ mean? It is defined environment combat. Delaware on this amendment. as 1 metric ton or more of these chemi- The PRESIDING OFFICER. Is there cal weapons. Accordingly, the intelligence com- objection? Mr. President, this condition is sim- munity’s confidence in its ability to Mr. HELMS. Reserving the right to ply impossible to achieve. This condi- detect the annual production of 1 met- object. tion would bar the U.S. participation ric ton in a timely fashion is the Mr. BIDEN. I ask unanimous consent in the CWC forever. We must under- benchmark question by which the Sen- that there be a total of 20 minutes on stand that the convention seeks to ban ate should assess the verifiability of this amendment equally divided. chemical weapons. These weapons, by the CWC. I urge the Senate to reject The PRESIDING OFFICER. Without their very inherent composition, are this motion to strike and to uphold objection, it is so ordered. extremely difficult to detect in rel- President Reagan’s standard of effec- Who yields time? atively small quantities, such as a ton. tive verifiability. Mr. BIDEN. Mr. President, on this This truth has been known from the Mr. President, I ask that Senator amendment, of my 10 minutes, I will beginning, and no one, Mr. President, SHELBY of Alabama be recognized next yield 7 minutes to the Senator from has alleged that the CWC will elimi- for 10 minutes. Does the Senator have Rhode Island. But prior to doing that, nate chemical weapons from the face of somebody? let me say briefly what this amend- the Earth. Mr. BIDEN. Mr. President, if I could ment does. If an individual wants to build a ask a parliamentary inquiry. A lot of This amendment strikes a condition chemical weapon somewhere in a small our colleagues are looking to deter- in the treaty that sets a verification shack or a cave in some remote area of mine when the final vote will take standard that, if it were in the treaty, the world, he or she will always be able place. It is my understanding that the would not be able to be met; therefore, to do so, regardless of the outcome of Senator from Delaware has the option it would kill the treaty. I will not this vote. No treaty, no matter how it to move to strike three more condi- speak more at this time. is written, will ever be able to stop tions—one relating to intelligence ver- I yield to the Senator from Rhode Is- such an occurrence. Our inability to ification, one relating to inspectors, land. verify fully the CWC is not a result of and one relating to articles X and XI. The PRESIDING OFFICER. The Sen- any flaws in the convention. It is due On each of those motions of the Sen- ator from Rhode Island is recognized. to the innate difficulty in monitoring ator from Delaware, there is an hour Mr. HELMS. Mr. President, just a chemical weapons and their compo- reserved, equally divided, is that cor- moment. I must leave the Chamber for nents. rect? a few minutes. After the Senator from Mr. President, I also question the The PRESIDING OFFICER. That is Rhode Island has concluded, I ask definition of ‘‘militarily significant correct. unanimous consent that the Senator quantity,’’ as being 1 metric ton or from Alabama be recognized to more of chemical weapons agent. Al- Mr. BIDEN. The attempt is being consume our 10 minutes. though 1 metric ton can certainly do a made, as we speak, to reduce the time The PRESIDING OFFICER. Without lot of damage, particularly in a terror- on those amendments. I respectfully objection, it is so ordered. ist attack, I will defer to military ex- suggest that on the next amendment The Senator from Rhode Island. perts to consider what is military sig- that I am going to move—my intention Mr. CHAFEE. Mr. President, I nificant. In testimony to the Senate, was to move to strike the intelligence strongly support the Chemical Weap- Gen. John Shalikashvili stated that provision—or verification, I should say, ons Convention, a treaty which serves tonnage is not the only factor to con- No. 33, and that instead of an hour our national security interests in a sider in assessing the military capacity equally divided on that amendment, I number of ways. U.S. ratification of these weapons. To transform an il- respectfully suggest we have 20 min- would help set an international stand- licit chemical stockpile into something utes equally divided on that amend- ard that would put political pressure militarily useful, an adversary must ment. Is that all right with the Sen- on outlaw nations to rid themselves of have vast supplies of these weapons, ator? chemical arsenals. This treaty will also and he must have an infrastructure for Mr. HELMS. That will be fine, from give our intelligence community valu- handling them and must have troops this point. I will consume a few min- able new tools to combat illicit produc- trained in the use of these weapons. utes. tion of deadly chemicals, even among It is these more complex activities— Mr. BIDEN. In other words, the Sen- nations that do not ratify the conven- the training of the troops, for exam- ator has already spoken on the intel- tion. ple—that the Chemical Weapons Con- ligence issue. The time he has spoken Mr. President, ratification of the vention, together with our intelligence on it would be taken out of the 10 min- Chemical Weapons Convention by the resources, will be able to verify. As utes that we are about to agree to on Senate this evening would continue our Gen. Brent Scowcroft has testified to the amendment I have not yet sent to Nation’s proud tradition of leadership the Foreign Relations Committee, the desk. The Senator was under the in the field of international security. under the CWC, it will no longer be impression I already sent the amend- We took the lead in the formation of possible for a country to buy a few ment to strike. NATO, on the containment of compounds of these chemicals from April 24, 1997 CONGRESSIONAL RECORD — SENATE S3619 various sources around the world to In its efforts to obtain ratification, For example, the creation of the Or- amass an abnormal supply of chemi- the administration has—if I may bor- ganization for the Prohibition of Chem- cals. Our intelligence community has, row a phrase from a former vice-chair- ical Weapons [OPCW], and the ability in fact, indicated on a number of occa- man of the committee, Senator MOY- of OPCW inspectors to carry out chal- sions that this convention will provide NIHAN—‘‘defined verification down.’’ lenge inspections of suspected viola- another tool to the U.S. inventory of Condition No. 33 to the resolution of tions, are cited as evidence for a mech- ways to stem worldwide expansion of ratification seeks to correct that prob- anism of effective verification. chemical weapons capabilities. In brief, lem. Yet in an unclassified excerpt from the Chemical Weapons Convention will It conditions deposit of the U.S. in- the 1993 NIE on verification, the intel- supplement—it will not replace, but it strument of ratification on a Presi- ligence community states that: will add to—ongoing efforts to monitor dential certification to Congress that The key provision of the monitoring re- chemical weapons production world- the treaty is effectively verifiable. gime—challenge inspections at undeclared wide. This term, as used in the resolution, sites—can be thwarted by a nation deter- Now, critics of this treaty claim it is contains the following elements, based mined to preserve a small, secret program by unverifiable, that we will not be able to on the traditional definition of ‘‘effec- using the delays and managed access rules allowed by the convention. catch adversaries abroad who cheat. tive verification’’: But they also allege that the CWC’s A ‘‘high degree of confidence’’ in our Those, Mr. President, are not my verification regime, while too weak to ability to detect, words. Those are the words of the intel- catch those cheaters abroad, is too in- ‘‘Militarily significant violations’’— ligence community describing its abil- trusive for American industry. In other meaning one metric ton or more of ity to monitor compliance with the words, it won’t let us find anything chemical agent— treaty before us. I should point out to my colleagues, abroad, but it is too intrusive for other ‘‘In a timely fashion,’’—meaning de- in light of the fact that the National nations as far as inspection in the tection within 1 year—and Detection of ‘‘patterns of marginal Intelligence Estimate from which I United States. They can’t have it both violation over time.’’ have quoted is dated August 1993, that ways. Effective verification is ultimately a the Acting Director of Central Intel- The fact is that the Chemical Weap- political judgment that must be made ligence, George Tenet, and other intel- ons Convention’s verification tools—in by the President and his national secu- ligence officials have confirmed on nu- other words, how to determine whether rity advisors. However, a key input to merous occasions that the key judg- there are weapons in other countries— this decision is the judgement of the ments cited above are unchanged. go beyond those of other arms control intelligence community. In an open hearing on February 5 of treaties that we have approved in the It is currently impossible to rec- this year, I asked George Tenet, the Senate in the past. No treaty will ever oncile the above definition of ‘‘effec- acting Director of Central Intelligence, be able to verify totally a ban on chem- tive verification’’ with the intelligence about the verifiability of the CWC. Our ical weapons. Condition No. 33 is im- community’s own statements over the discussion went, in part, as follows: possible to meet. The condition that is past 4 years, which is why condition 33 Acting Director Tenet said: ‘‘We can in this, which we are seeking to strike, calls for a new Presidential certifi- never guarantee that a power that is an impossible condition to meet. It cation., signs up to this agreement won’t cheat. serves no purpose other than to pre- I would like to briefly restate the in- These . . . chemical and biological de- vent U.S. participation in the Chemical telligence community’s key conclu- velopments are small, they are easily Weapons Convention treaty. So I urge sions as to the verifiability of the CWC, hidden. They are not like big nuclear my colleagues to support the motion to as set forth in recently declassified ma- developments that have big signatures strike this amendment. terial from the National Intelligence that everybody understands.’’ I thank the Chair. Estimate of August 1993: I replied: ‘‘In other words, it will be The PRESIDING OFFICER. The Sen- The capability of the Intelligence Commu- fairly easy to cheat some, wouldn’t ator from Alabama is recognized. nity to monitor compliance with the Chemi- it?’’ Mr. SHELBY. Mr. President, I rise to cal Weapons Convention (CWC) is severely Acting Director Tenet responded: ‘‘It address the issue of verification, and in limited and is likely to remain so for the will be easy to cheat, Mr. Chairman.’’ opposition to the motion to strike con- rest of the decade. Mr. President, the treaty before us dition No. 33 contained in the resolu- Our intelligence community is the today is deficient in many respects: tion of ratification, relating to effec- most capable in the world today. It en- both in what it does, and in what it tive verification. joys extensive resources, and employs fails to do. I have a number of serious concerns an impressive variety of assets to col- As chairman of the Senate Intel- with respect to the Chemical Weapons lect information affecting our national ligence Committee, I must therefore Convention. security. conclude that the greatest flaw with As chairman of the Senate Intel- Yet with all of the sophisticated as- the CWC is that, absent a certification ligence Committee, however, I have a sets at our disposal, we cannot be con- of effective verification, we cannot particular responsibility to ensure that fident of verifying this treaty. even know if it is doing what it is sup- any treaty ratified by this body can be And some of the most promising new posed to be doing, and we cannot know effectively verified by the intelligence intelligence methods which might have the extent to which it is failing to do community. improved this score over the last 4 what it should do: This treaty is un- If it cannot be verified, the CWC years, have been significantly under- verifiable. could become the means by which CWC funded by this administration. Therefore, I support condition No. 33, member states, such as China and Iran, We should look to the certification and oppose the motion to strike. expand and enhance—rather than re- required by condition 33 as an oppor- If I have any time left, I yield it to nounce—their CW capabilities. tunity for the President to tell us of the distinguished Senator from Colo- In negotiating the INF Treaty, rati- his plans to invest in improvements to rado. fied in 1988, President Reagan set forth our technical collection capabilities to The PRESIDING OFFICER. The Sen- an eminently reasonable standard to enable effective verification. ator from Colorado. guide the negotiation and implementa- Therefore I strongly support condi- Mr. ALLARD. Mr. President, I thank tion of arms control agreements. tion 33 of the resolution of ratification, the chairman for yielding to me. ‘‘Trust,’’ he said, ‘‘but verify.’’ and oppose the motion to strike. Mr. President, I rise in opposition to But I am afraid that the critical, sec- While most will acknowledge that we the motion to strike condition 33, re- ond part of President Reagan’s formula do not have the technical intelligence lating to effective verification. seems to have been forgotten with re- capabilities currently in place to pro- As a member of the Senate Select spect to this treaty. The CWC, and es- vide effective verification, the pro- Committee on Intelligence, I believe I pecially the verification regime, is ponents of the treaty place great stock have a responsibility to ensure that based on the triumph of hope and trust in the contribution of the verification this treaty can be effectively verified over experience and history. mechanisms contained in the treaty. by the intelligence community. S3620 CONGRESSIONAL RECORD — SENATE April 24, 1997 If the CWC cannot be verified to en- Yet the intelligence community con- our experience with Iraq, and we will sure that it will, in fact, eliminate the cludes, in an unclassified excerpt from do better next time.’’ I cannot join scourge of chemical weapons, then the 1993 NIE, that: them in that optimistic conclusion. what is the point of ratifying it? The key provision of the monitoring re- If the President of the United States In fact, the CWC may well make gime—challenge inspections at undeclared cannot certify that this treaty can be things worse, not better, Some signa- sites—can be thwarted by a nation deter- effectively verified, as defined in condi- tory countries like China and Iran will mined to preserve a small, secret program by tion 33, then the Senate should not rat- use the technology-sharing provisions using the delays and managed access rules ify this treaty. of titles X and XI, combined with the allowed by the convention. I oppose the motion to strike condi- cloak of international respectability Acting CIA Director Tenet reiterated tion 33. they gain by joining the CWC, to ad- that judgment in a letter to Senator Mr. BIDEN. Mr. President, I yield the vance their CW programs and exports. KYL, dated March 26, 1997. remainder of the time to the Senator Condition 33 of the resolution of rati- In the 6 years since the end of the from Nebraska. fication seeks to address the verifi- Persian Gulf war, weapons inspectors Mr. KERREY. Mr. President, I rise ability problem, by requiring the Presi- from the U.N. Special Commission today in support of striking condition dent to certify to the Congress that the [UNSCOM] have combed Iraq in search 33 from the resolution of ratification of CWC is effectively verifiable before of nuclear, chemical, biological, and the Chemical Weapons Convention. submitting the U.S. instrument of rati- missile production and storage sites— Condition 33 would bar the United fication. inspectors armed with powers far States from ratifying the convention Mr. President, we have all heard greater than those of OPCW inspectors, until the President can certify with what the intelligence community said I might add. high confidence that we have the capa- about the verifiability of the CWC in Despite this extraordinary level of bility to detect, within 1 year of a vio- its National Intelligence Estimate of scrutiny, Iraq is believed to retain: lation, the illicit production or storage August 1993, but I think this judgment chemical weapon precursors and proof a single metric ton of chemical is worth repeating: duction equipment, and possibly large agent. As the authors of this condition The capability of the Intelligence Commu- quantities of deadly VX agent and mu- fully realize, this standard is unattain- nity to monitor compliance with the Chemi- nitions; BW cultures, production equip- able and would effectively bar the cal Weapons Convention (CWC) is severely ment, agent and weapons. These stocks limited and likely to remain so for the rest United States from participation in the of this decade. can be used to create a large stockpile CWC forever. in a matter of days; and an operational If that judgment has changed, the Mr. President, I do not come to the SCUD missile capability, including President should be able to provide the floor as the vice chairman of the Intel- support vehicles, launchers, fuel, oper- necessary certification. But as we well ligence Committee to say to my col- know, and as the Acting Director of ational missiles, and, most alarming of leagues that this treaty is absolutely the CIA George Tenet has confirmed on all, possible chemical or biological verifiable. The distinguished chairman several occasions, that judgment has warheads. of the committee indicated that Mr. not changed. With all the assets at our Last, Iraq retains nuclear weapons Tenet, Acting Director of Central In- disposal, the intelligence community blueprints, machine-tools, and know- telligence, said it will be difficult to still cannot verify compliance with how; is believed to be continuing its verify and quoted him as saying it this treaty. nuclear weapons design work; and would be easy to cheat. What he did The Senate has already discussed the probably has the ability to create a nu- not do, regrettably, is go on with the classified aspects of our intelligence clear weapon—if it obtains fissile ma- follow-on quote. The next sentence in and verification capabilities in consid- terials—with very little warning. his answer was, ‘‘But, in the absence of erable detail in closed session, and I Mr. President, I am not reciting this the tools the convention gives us, it cannot add anything to that debate information in order to criticize will be much harder for us to apprise now. UNSCOM. I commend Ambassador Rolf you’’—meaning the committee—‘‘and What I would like to do, is provide an Ekeus, and the dedicated UNSCOM in- apprise the military and policymakers example of the way in which a deter- spectors, for their persistence in the of where we think we are in the world mined proliferator can evade, and de- face of determined Iraqi resistance and with regard to these developments.’’ flect, what is perhaps the most exten- intimidation. Let me be clear. The United States sive scrutiny ever imposed on an unoc- But if these are the results of 6 years has made a decision that we are going cupied nation in peacetime. I am refer- of international monitoring of Iraq—a to destroy our chemical weapons and ring, of course, to Iraq. pariah country, defeated in war, and try to lead the world in the elimination Iraq is exhibit A for a number of subjected to massive invasions of its of chemical weapons. That is what this propositions. First, Iraq is the very national sovereignty—then I wonder policy is all about. We didn’t have this model of a rogue state. It is a country what the OPCW inspectors, with their treaty presented to us. We made a con- that has not only developed chemical far more limited powers, can realisti- scious decision to eliminate our own and biological weapons [CBW], and cally hope to accomplish in other coun- chemical weapons and then try to de- come within a hair’s breadth of produc- tries? velop a regimen that enables us to ing a nuclear device, but has actually As a final note, I should remind my identify and detect as much as pos- used chemical weapons against Iran, colleagues that before the gulf war, sible. Our Director of Central Intel- and against its own citizens. Iraq was a member in good standing of ligence, as well as our military, has in- Second, as a nonsignatory to the the International Atomic Energy Com- dicated to us that this treaty will in- CWC, Iraq is an example of those coun- mission, or IAEA, subject to all the crease the identification that we are tries that will not be constrained by usual IAEA inspections and safeguards. able to do and increase the likelihood the CWC, and will proceed apace with Yet Saddam Hussein was within that we will be able to end up with the the production of chemical weapons. months of having a nuclear weapons result being that we have no chemical Third, and this is the point I wish to capability on August 2, 1990, when he weapons in any military arsenal on focus on, Iraq is the most current ex- invaded Kuwait. Had Saddam waited this planet. ample of the effectiveness—or the lack until he had a nuclear device, Kuwait No treaty is absolutely verifiable. thereof—of even the most intrusive might yet be the 19th province of Condition 33 make verification more international monitoring. Iraq—and tens of thousands of people, difficult by setting a level of identifica- Treaty supporters point to the Orga- including thousands of American sol- tion, we do not need to benefit from nization for the Prohibition of Chemi- diers, might have died. the convention. Far more important to cal Weapons [OPCW]—and especially Mr. President, I believe that our ex- our security are the improvements to the ability of OPCW inspectors to carry perience with Iraq demonstrates the in- our identification efforts we stand to out challenger inspections of suspected tractable problems posed by the ver- gain under the CWC. violations—as a means of effective verification of the CWC. Supporters of the Verification is a political decision ification. treaty say, ‘‘But we have learned from made by policymakers. To make this April 24, 1997 CONGRESSIONAL RECORD — SENATE S3621 decision, our intelligence agencies will Without the CWC, chemical weapons The PRESIDING OFFICER. The need to provide evidence to support a production and stockpile on a small or clerk will report. conclusion made by policymakers. The grant scale will still be an acceptable The bill clerk read as follows: benefits we will receive under the CWC practice. Under the CWC, not only will The Senator from Delaware [Mr. BIDEN] come from our increased ability to this no longer be acceptable, but we proposes an amendment numbered 50. identify whether a nation is develop- will have additional tools in our arse- Beginning on page 63, strike line 21 and all ing, producing, and storing chemical nal to identify chemical weapons pro- that follows through line 4 of page 65. weapons. Under the CWC’s routine and grams. Since we will have to monitor Mr. BIDEN. Mr. President, let me challenge inspections, we will be better this threat whether or not we join the also say for the benefit of my col- able to identify the storage and de- CWC, our security interests are im- leagues that we are trying to accom- struction of declared chemical weapon proved under the treaty rather than modate schedules. I thank the Senators stocks. We will also be better able to without it. from Arizona and Georgia, who were identify a nation’s attempt to develop This condition must be removed from running around trying to get their the infrastructure to handle chemical the resolution if the United States is to agreement. At the completion of the weapons and any military training in participate in the Chemical Weapons two rollcall votes—we are trying to get the use of these weapons. Convention. Therefore, Mr. President, I additional time on one amendment re- U.S. intelligence officials have stated support striking condition 33 from Ex- lating to articles X and XI, and we that the CWC will add to their mon- ecutive Resolution 75. have an hour set aside for it now and itoring tools to counter the chemical Mr. President, and colleagues, I be- we hope to reduce that time. At the weapons threat. Data declarations will lieve strongly that this particular con- conclusion of that vote we would then provide evidence of compliance or non- dition, regardless of how you feel about go to final passage, although there compliance, routine inspections make the treaty, sets an unrealistic level of probably may be a few minutes inter- it more difficult and costly to use le- requirement for verification, and under vening because each has some time gitimate facilities to produce chemical no circumstances are we going to be left. That is the objective. Some are weapons, and challenge inspections will able to verify a ton of chemical weap- trying to catch planes and trains and give the United States the opportunity ons under the evaluations of the mili- the like. to seek further indications and evi- tary. We do not need to accept this Mr. President, let me suggest quickly dence under the CWC. what this does. The amendment that I In addition, the CWC will help stymie kind of arbitrary standard. Mr. President, regardless of whether sent to the desk strikes a condition chemical weapons development by non- or not you are going to vote for or which unilaterally says at the front signatory, rogue nations by restricting end we will not allow any inspector trade in key precursor chemicals to against this treaty in the end, I urge my colleagues to vote to strike condi- from such states as China, Iran, and non-parties. Acquisition efforts for Iraq, et cetera, if they are signatories chemicals, technology, and equipment tion 33. Mr. BIDEN. I yield myself 1 minute to the treaty. If they have deposited by non-signatories will provide tip-offs their instruments of ratification, now to pursue compliance concerns with on the time left. The PRESIDING OFFICER (Mr. SES- they are in the deal. We are saying, if parties who may be the source of the SIONS). The Senator from Delaware. they are in, we will not allow any in- materials. spector from their countries to be any These are real benefits to our identi- Mr. BIDEN. Mr. President, let’s get part of a team that would inspect U.S. fication efforts that will help ensure this straight. Verification is about facilities. the safety of our troops and citizens. whether or not we can know whether or The intention is obvious, and it is However, if we impose an impossible not our security interests are going to laudable. The intention is to keep the standard of verification and fail to rat- be put in jeopardy. A useful chemical bad-guy inspectors out because we are ify the CWC, we will lose these bene- weapons capacity requires a lot more worried that what they would do is fits. than just whether or not you can Further, condition 33 creates an arbi- produce illicit chemical weapons. It re- send over an intelligence officer as part trary definition of what is a ‘‘mili- quires a delivery system, infrastruc- of that inspection team, learn all se- tarily significant’’ amount of chemical ture, storage, and use of chemical crets from us and take them back weapons. This condition deems one weapons. It includes defense prepara- home. It is not likely that can happen metric ton of chemical weapons to be a tions, extra security around the stor- anyway. But let’s assume it did. threat to our military. But General age areas, and training and exercising The intelligence community says Shalikashvili, Chairman of the Joint of troops who will use those weapons. this is a very bad idea. The reason it is Chiefs of Staff, has testified that ‘‘a It goes on and on. a bad idea if we do that, Mr. President, militarily significant quantity of The ability to put together a chemi- is every other country will issue a chemical weapons is situationally de- cal weapons capability to go unde- blanket rejection of any U.S. inspec- pendent.’’ It depends on the terrain, tected that will diminish our security tors. We are the class of the field. You the weather, the number of troops, the is not real. have heard all day—and in the closed type of chemicals used, how the chemi- I yield back the time and ask unani- session—my colleagues expressing cals are delivered, and the chemical mous consent that we defer a vote on their concern about verification. The weapons defensive system of the tar- this amendment at this moment, that more we have American inspectors in- geted forces. He stated that, ‘‘The we turn to my next motion to strike, volved, the more likely we are to be quantity is totally scenario dependent, which will relate to inspectors, condi- able to detect wrongdoing because we and it would be difficult to cite a spe- tion 31, that there be 10 minutes equal- are the class of the field. We don’t want cific amount as militarily significant.’’ ly divided on condition 31, that vote on to be excluded across the board from During the Iran-Iraq war, both sides condition 33 and on condition 31 be being on any inspection team. So, used tens of tons against each other stacked after the conclusion of the de- therefore, this is intended to do some- without altering the course of the war. bate on condition 31, with 15 minutes thing good but is extremely counter- The Defense Department found that it on the first vote, 10 minutes on the sec- productive. It is counterproductive, would take several hundred to a thou- ond vote, and with 1 minute interven- and the intelligence community says sand tons to seriously disrupt U.S. lo- ing. so as well. gistics in a war; and the United The PRESIDING OFFICER. Is there But beyond that, it is unnecessary. States’s own stockpile of chemical objection? There is a provision. In the interest of weapons, which we are committed to Without objection, it is so ordered. time—we were going to have an hour of destroy with or without the CWC, is AMENDMENT NO. 50 debate; I was going to put all of this about 30 thousand tons. One metric ton (Purpose: To strike condition no. 31, relating out to you—but in this treaty there is of chemical weapons, while still posing to the exercise of right to bar certain in- a provision now that says the United a horrible threat under some condi- spectors) States, or any other country, can at tions, in no way is a militarily signifi- Mr. BIDEN. I send an amendment to any time strike an inspector. The way cant threat to our national security. the desk. this works, as most of our colleagues S3622 CONGRESSIONAL RECORD — SENATE April 24, 1997 know, is when there is going to be a inspectors from foreign countries un- right to bar inspectors from China, challenge inspection, or a routine in- precedented access to U.S. facilities, which has an active industrial espio- spection, there is a list of inspectors. both commercial and Government-re- nage program and has violated United They give the names. As few as 3 and as lated. Inspectors would be permitted to States nonproliferation laws, from en- many as 15 inspectors are going to interview site personnel, inspect tering the United States to engage in show up on the doorsteps of X, Y, Z records, photograph onsite apparatus, these inspections. In addition, it would company, and they list their names take samples, record readings of plant prevent inspectors from countries and their country. Guess what? Our in- equipment, and use instruments to which are hostile to the United States telligence community from the time monitor processes. The risk that trade and are state sponsors of terrorism— those names are given—it is like a jury secrets or national security secrets Iran, Iraq, Syria, Libya, Sudan, North pool. The Presiding Officer was a Fed- could be stolen during inspection is Korea, and Cuba—from participating in eral prosecutor. It is like a grand jury. very high. these inspections. Every country submits inspectors that First, proprietary information is Mr. President, I do not think this is they want participating. Their com- often the basis for a chemical compa- an unreasonable provision. There is no mittee picks inspectors from each of ny’s competitive edge. Industrial espio- downside to the provision, only the the countries. They sit in one town and nage can enable a competitor to obtain positive potential that fewer trade and one city. When an inspection comes up, at a minimal cost information that its national security secrets would be they say ‘‘You, you, you, and you, go originator acquired only through an handed over to countries that are open- and inspect.’’ They have to submit enormous investment of time and ly hostile to the United States. those names. Our intelligence commu- money, thereby erasing the company’s Therefore, I urge the Senate to reject nity, when that pool is picked, will do competitive advantage. For this rea- the motion to strike. a background check on every one of son, the theft of trade secrets can crip- At this time I yield the remaining those guys and women. They know ple even a giant company and can be time to the distinguished majority their names. So they can, in fact, go fatal to a smaller enterprise. leader. out there and say—we can say, or the Second, because chemicals covered The PRESIDING OFFICER. The ma- intelligence community can say— by the CWC are used in a variety of jority leader is recognized. ‘‘Look, he is on that inspection group. aerospace activities, from the manu- Mr. LOTT. Could I inquire about how Strike him. We don’t want him.’’ You facture of advanced composites and ce- much time is remaining? can do that. The only time we can’t ramics to additives for paints and The PRESIDING OFFICER. There strike is when—I have a smart staff fuels, dozens of defense contractors are are 11⁄2 minutes. here. In the late hours they think they targeted for routine inspections under Mr. LOTT. Mr. President, I have al- are humorous. the CWC. That means that when we are ready stated my position. I do think we You are fired. talking about proprietary information, should vote to ratify this convention, [Laughter.] we may also be talking about national but I think we should defeat this mo- I am only kidding. That is a joke; a security information. tion to strike. This is not a killer little levity at this time. A company such as Lockheed Martin, amendment. This is very serious, where As my distinguished friend on the In- Courtalds Aerospace, Hercules, we are just saying that we should have telligence Committee, formerly of my Raytheon, and the Hexcel Corp. will be the ability, the President should have staff, wrote, ‘‘They can’t strike when forced to allow foreign nationals access the ability, to bar these inspectors they are on the plane.’’ You have to to their facilities, employees, and from these countries that have violated give 24 hours notice you don’t want So records. Our national laboratories fur- U.S. nonproliferation laws. You are and So in there. ther could be inspected under this trea- talking about inspectors from so- So the point is you can already ty, as will Government facilities. called, as the Secretary of State has strike anybody. We do this in a blanket Previous national trial inspections called them, ‘‘rogue nations’’ that way. We knock the class of the field conducted in the United States in prep- want to come in here and get into find- out of the inspection process. We don’t aration for the CWC revealed that in- ing information that could help them want to do that. With all due respect, spections under the treaty are an ex- to further contribute to proliferation. this is not a thoughtful amendment. tremely dangerous threat to sensitive So I urge the Senate on this motion This is counterproductive. information. Soil and water samples to vote to defeat the motion to strike. I ask for the yeas and nays on this were collected in the vicinity of rocket We should have the ability, we should amendment. propellant production facilities on one as a matter of fact I think require that The PRESIDING OFFICER. Is there a such inspection. They were analyzed at we bar these inspectors from coming sufficient second? the Lawrence Livermore National Lab- into this country when they are con- There is a sufficient second. oratory. Using modern techniques, ana- tributing to the problem all over the The yeas and nays were ordered. lysts were able to discern classified in- Mr. BIDEN. Mr. President, have the world. So I yield the remainder of my formation about the formulation of the yeas and nays been ordered on the pre- time. rocket propellant and the process used vious amendment? If not, I would ask Mr. BIDEN addressed the Chair. to make it. The PRESIDING OFFICER. The Sen- for the yeas and nays on the previous Finally, Mr. President, China and ator from Delaware. amendment as well. others likely intend to use CWC inspec- The PRESIDING OFFICER. Is there a Mr. BIDEN. I yield myself 30 seconds tions for espionage purposes. They sufficient second? off my time on the bill. There is a sufficient second. should not be allowed to do that. The The PRESIDING OFFICER. The Sen- The yeas and nays were ordered. officials of the preparatory commission ator is recognized for 30 seconds. Mr. BIDEN. Mr. President, if I have for the Organization of the Prohibition Mr. BIDEN. Mr. President, two very any time left on this, I reserve it, and of Chemical Weapons, the OPCW, have quick points. The companies named by I will yield the floor now for my col- stated that all of the Chinese inspec- my distinguished friend, including Her- league from Arizona. tors were directed to volunteer for the cules, which is headquartered in my Mr. KYL. I thank the Senator. organization and that these inspectors State, that are supposedly worried, Mr. President, Senator HELMS had in- have direct ties to China’s defense they support this treaty. Hercules sup- tended to present these remarks, and chemical warfare program. Accord- ports this treaty. They are not worried he cannot be here right at this mo- ingly, and the point of this condition, about this being trouble. ment. Therefore, I am going to proceed the Senate should uphold this provi- Second, this is not a killer, but it to deliver his remarks and then also sion which would direct the adminis- rips the heart out of our inspection re- yield to the majority leader should he tration to exercise a United States gime, and I would not be objecting, I wish to make a remark or two about treaty right—as the Senator from say to the majority leader, I would not this condition. Delaware pointed out, we have this be seeking to take it out if it gave the If ratified, Mr. President, the Chemi- right under the treaty—we are simply President the option. It gives the cal Weapons Convention would provide directing the President to exercise this President no option. It requires him—it April 24, 1997 CONGRESSIONAL RECORD — SENATE S3623 requires him—to ban. And what it does Mr. KYL. Mr. President, let met sum- The VICE PRESIDENT. Fifteen min- again, I say to my colleagues, it then marize the argument the majority utes. says they will ban us. We have the leader and I made in opposition to the Mr. BIDEN. Mr. President, I have class of the field doing the inspection. motion to strike this condition. spoken to the majority on this. The It is not a smart thing to do, in my The treaty currently provides for the distinguished Senator from Virginia humble opinion. President to say that he does not want has been waiting around patiently all I yield the floor. inspectors from certain countries com- day and I keep bumping him. I want to VOTE ON AMENDMENT NO. 49 ing into the United States. There is a yield up to 5 minutes of my time on the The PRESIDING OFFICER. Under reason for that. What we are doing is bill to him at this moment, and then I the previous order, the question is on directing him only in two cases to, in will move, with permission of the agreeing to amendment No. 49. The advance, say, these are the countries chairman, to the last condition. yeas and nays have been ordered. The covered: Those countries that sponsor I yield to the Senator from Virginia. clerk will call the roll. state terrorism, pursuant to our defini- The bill clerk called the roll. tion of that, and China because of its The VICE PRESIDENT. The Senator The result was announced—yeas 66, violation of another law. from Virginia. nays 34, as follows: So it is only those countries that Mr. ROBB. I thank my friend and col- [Rollcall Vote No. 48 Ex.] have violated American law and who league from Delaware. YEAS—66 are the state-sponsored terrorists who Mr. President, there’s not much left Akaka Feingold Lieberman can be denied inspectors in the United to say about ratification of the CWC— Baucus Feinstein Lugar States. Biden Ford McCain even here in the Senate. We’ve had sev- Bingaman Frist Mikulski The PRESIDING OFFICER. The time enteen formal hearings on the topic Boxer Glenn Moseley-Braun has expired. Under the previous order, over the last two years—both open and Breaux Gorton Moynihan the question now occurs on agreeing to closed—and as a member of all three Bryan Graham Murray the Biden amendment No. 50. They Bumpers Hagel Reed national security committees, I have Byrd Harkin Reid yeas and nays have been ordered. The participated in most of them. In addi- Chafee Hatch Robb clerk will call the roll. Cleland Hollings Roberts tion, the salient features have been dis- The assistant legislative clerk called cussed in countless meetings and fora Coats Inouye Rockefeller the roll. Cochran Jeffords Roth that have that have been widely re- The result was announced—yeas 56, Collins Johnson Santorum ported in both print and broadcast Conrad Kennedy Sarbanes nays 44, as follows: media. Finally, for everyone involved, D’Amato Kerrey Smith (OR) [Rollcall Vote No. 49 Ex.] Daschle Kerry Snowe the moment of truth has arrived and DeWine Kohl Specter YEAS—56 we will cast what will certainly be one Dodd Landrieu Stevens Akaka Feingold Lieberman Domenici Lautenberg Torricelli of the most important votes of the Baucus Feinstein Lugar 105th Congress. Dorgan Leahy Wellstone Biden Ford Mikulski Durbin Levin Wyden Bingaman Frist Moseley-Braun Mr. President, I have been committed NAYS—34 Boxer Glenn Moynihan to ratification for some time, but I Breaux Graham Murray Abraham Gramm McConnell Bryan Harkin Reed know some of our colleagues have had Allard Grams Murkowski Bumpers Hollings Reid reservations. There is no question that Ashcroft Grassley Nickles Byrd Inouye Robb respected opponents of ratification Bennett Gregg Sessions Chafee Jeffords Rockefeller Bond Helms Shelby Cleland Johnson Roth have raised important and legitimate Brownback Hutchinson Smith (NH) Cochran Kennedy Sarbanes questions. But those questions have Burns Hutchison Thomas Collins Kerrey Snowe been thoroughly and painstakingly an- Campbell Inhofe Thompson Conrad Kerry Specter swered by the proponents, including Coverdell Kempthorne Thurmond D’Amato Kohl Stevens Craig Kyl Warner Daschle Landrieu Torricelli and I believe that our failure to ratify Enzi Lott Dodd Lautenberg Wellstone this chemical weapons convention Faircloth Mack Dorgan Leahy Wyden today would represent a serious set- The amendment (No. 49) was agreed Durbin Levin back for the United States and the en- to. NAYS—44 tire international community and un- AMENDMENT NO. 50 Abraham Gorton McCain questionably would be viewed as a fail- The PRESIDING OFFICER. Under Allard Gramm McConnell ure of leadership by the world’s indis- the previous order—the Senator from Ashcroft Grams Murkowski Bennett Grassley Nickles pensable nation. Delaware. Bond Gregg Roberts Mr. BIDEN. I am sorry to interrupt I will not repeat all of the arguments Brownback Hagel Santorum that have been made. In his news con- the Chair. You were going to say 1 Burns Hatch Sessions minute for explanation, is that correct, Campbell Helms Shelby ference earlier today the majority equally divided? Coats Hutchinson Smith Bob leader framed the essential question. Coverdell Hutchison Smith Gordon H And he repeated it here on the Senate The PRESIDING OFFICER. That is Craig Inhofe Thomas correct. DeWine Kempthorne Thompson floor earlier this afternoon. And I cer- Mr. BIDEN. Mr. President, the pur- Domenici Kyl Thurmond tainly commend him for the way he repose of my amendment is to strike a Enzi Lott Warner sponded. He asked will we be better off Faircloth Mack provision in the bill that requires the with or without the treaty—for me President to disallow an inspector from The amendment (No. 50) was agreed that is not a close call. any of a number of countries, from to. I believe we will be much better off, Russia to Iran. Mr. HELMS. I move to reconsider the by any measure I can think of, if we There is in the treaty already the vote. ratify the convention. ability of the United States to strike Mr. BIDEN. I move to lay it on the I hope that the 28 conditions that we any inspector. The inspectors must be table. agreed to yesterday, and the additional named before an inspection takes The motion to lay on the table was reassurances provided by the President place. The reason why we do not want agreed to. today, will insure that at least two- a blanket exemption is, if we blanket Mr. BIDEN. As I understand, there is thirds of our colleagues reach the same exempt all those folks, they will blan- 1 hour remaining on the last amend- conclusion. ket exempt any U.S. inspector. ment of the Senator from Delaware to We want inspectors in the bad guy’s strike condition 32, is that correct? The United States is getting out of country. We do not want to do this. It The VICE PRESIDENT. The Senator the chemical weapons business with or is counterproductive. is correct. without an international agreement— Mr. KYL addressed the Chair. Mr. BIDEN. It is my understanding and because over 70 other nations have The PRESIDING OFFICER. The Sen- the Senator from Delaware has control already ratified the convention, it goes ator from Arizona. of an additional 8 minutes on the bill? into effect on April 29th, regardless of S3624 CONGRESSIONAL RECORD — SENATE April 24, 1997 what we do. The only matter we’ll de- who oppose this, but this is what we President Clinton has sent to him com- cide tonight is whether we’ll be able to call in the trade a killer amendment. mitting the administration to with- participate and shape banning the use, Were this to pass, there is no treaty. I draw from the CWC if other parties development, production, and stock- will speak to that later. misuse articles X and XI of the treaty. piling of chemical agents, or be cast With permission of the chairman of In the words of the majority leader, with the pariah states that will face in- the committee, I yield to the Senator this commitment is unprecedented and creasing difficulty due to permanent from Arizona, Senator MCCAIN, who, as ironclad. trade restrictions on non-CWC mem- the old saying goes, has forgotten more Let me just remind my colleagues, bers. about this treaty than most people Mr. President, that the President of If we want to play a leading role in at know. I yield such time as he con- the United States in this letter states: least reducing the likelihood that poi- sumes. In the event that a State Party or States son gas will be used against us or the Mr. MCCAIN. Mr. President, failure Parties to the Convention act contrary to rest of the international community, to approve the amendment proposed by the obligations under Article I by: we have no choice but to ratify this the Senator from Delaware would re- (A) using Article X to justify providing de- convention. quire the United States to delay ratifi- fensive CW equipment, material or informa- Of course, there are no absolutes cation of the Chemical Weapons Con- tion to another State Party that could result in U.S. chemical protective equipment being when it comes to arms control verifica- vention until we obtain the agreement of other CWC parties to delete one of compromised so that U.S. warfighting capa- tion, but through the most far-reach- bilities in a CW environment are signifi- ing, extensive, and intrusive inspection the treaty’s articles and significantly cantly degraded; procedures ever agreed to, the CWC alter another. (B) using Article XI to justify chemical represents a clear step in the right di- I believe the issue of technology transfers that would make it impossible for rection. transfer is a serious one because it is me to make the annual certification that the I do not question the patriotism of the one argument that seeks to dem- Australia Group remains a viable and effec- any of our colleagues who oppose rati- onstrate that ratifying the CWC will tive mechanism for controlling CW prolifera- actually harm the United States nation; or fication, but I belive we owe a special (C) carrying out transfers or exchanges debt of gratitude to those statesmen tional security. The critics argue because of article under either Article X or XI which jeopard- who might find some partisan or ideo- XI of the CWC we will have to elimi- izes U.S. national security by promoting CW logical advantage in opposing ratifica- proliferation: nate our national controls on chemical tion, but who put our country’s inter- I would, [the President of the United technologies and disband the Australia est first in supporting it. States] consistent with Article XVI of the Group, a multilateral framework for In that regard, I’d like to single out CWC, regard such actions as extraordinary restraining transfers of sensitive chem- events that have jeopardized the supreme in- our former colleague and Majority ical technology. This interpretation of terests of the United States and therefore, in Leader, Bob Dole, who now joins the the treaty is contradicted not only by consultation with the Congress, be prepared Presidents of both parties who nego- the text of the treaty which subordi- to withdraw from the treaty. tiated, signed, and submitted the con- nates Article XI on the basic undertak- Mr. President, I do not know how we vention for ratification, as well as a ings in Article I for parties not to ac- could be any clearer than that letter distinguished galaxy of present and quire chemical weapons or to assist an- from the President of the United past top-level national security lead- other state in doing so, but also by our States. ers. experience with other nonproliferation Conversely, if the United States re- And, I would like to conclude by treaties and the agreed consensus con- jects ratification, I doubt that we will commending Senator BIDEN, the rank- ditions included in the resolution of be able to play our traditional leader- ing member of the Foreign Relations ratification before us. ship role in attempting to persuade Committee, and Senator LUGAR, a First of all, Mr. President, our expe- other chemical suppliers to exercise re- longstanding expert in the area of arms rience with essentially similar lan- straint. control, for their leadership and tenac- guage in the Nuclear Non-Proliferation The world will blame the United ity these last few weeks. Due to their Treaty shows that we need not weaken States for undermining a chemical tireless efforts, I hope we will have the our national or multilateral export weapons ban that the vast majority of votes to ratify the CWC and signal to controls. The Nuclear Suppliers Group, other countries were willing to sign. If the world our continuing leadership, by the counterpart of the Australia we reject ratification, where will we example, to eliminate these weapons of Group, was actually founded after the get the moral and political authority mass destruction from the face of the NPT went into force. Nor has the NPT to persuade other Australian Group earth. obliged us to curtail our national con- participants to block exports to coun- Mr. President, I yield the floor. trols on the transfer of nuclear tech- tries of concern? AMENDMENT NO. 51 nology, even to other NPT parties. The Mr. President, the supporters of this (Purpose: To strike condition no. 32, relating United States enacted the Nuclear condition portray renegotiating the to stemming the proliferation of chemical Non-Proliferation Act of 1978, 10 years CWC to change these two articles as a weapons) after the NPT was signed. feasible undertaking. We are talking Mr. BIDEN. Mr. President, I send an Moreover, beyond the text of the about a new treaty with more than 160 amendment to the desk and ask for its CWC itself we have condition 7 of the other signatories, more than 70 of immediate consideration. resolution of ratification before us. which already ratified. In this context, The PRESIDING OFFICER (Mr. This requires the President to certify retired Gen. Brent Scowcroft, former ENZI). The clerk will report. not only that the United States be- National Security Adviser, recently The assistant legislative clerk read lieves that the CWC does not require us testified: as follows: to weaken our export controls but also Starting over, as was suggested this after- The Senator from Delaware [Mr. BIDEN] that all members of the Australia noon, I think it is pure fantasy. If we reject proposes an amendment number 51. Group have communicated at the high- this treaty, we will incur the bitterness of On page 65, strike lines 5 through 24. est diplomatic levels their agreement all our friends and allies who followed us for Mr. BIDEN. Mr. President, we now that multilateral and multinational ten years in putting this together. The idea turn to the last condition that I am controls on sensitive chemical tech- that we can lead out again down a different seeking to strike which will require the nology are compatible with the treaty path I think is just not in the cards. We have President, before he deposits the in- and will be maintained under the CWC. got to deal with the situation we face now, strument of ratification, to certify We also have condition 15 obliging not an ideal one out in the future. that the Chemical Weapons Convention the United States to share only medi- I think that the CWC, as we have it has been amended by striking article X cal antidotes and treatment to coun- now and as strengthened by the 28 and article XI in several respects. tries of concern if they are attacked agreed conditions, is good enough. I Mr. President, I apologize for the with chemical weapons. urge my colleagues to adopt the shorthand, because it does not do jus- Finally, we have received today from amendment of the Senator from Dela- tice to the arguments of my friends the majority leader a letter which ware. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3625 Mr. President, I don’t—to the relief eight additional provisions to the CWC. ministration, the Bush administration, of most—intend to speak again. I want These provisions tighten our intel- by the way, told the Foreign Relations to congratulate Senator HELMS for his ligence sharing procedures to keep Committee earlier this month that Ar- leadership on this issue, for his willing- classified information out of the wrong ticles X and XI amount to what he said ness to bring this treaty, which he op- hands, would maintain the stricter ex- are ‘‘a formula for greatly accelerating posed, to the floor. I congratulate Sen- porting restrictions as outlined in the the proliferation of chemical warfare ator BIDEN for his consistent leader- ‘‘Australia Group’’ protocol, would en- capabilities around the world.’’ ship. He just said that I knew more hance monitoring and verification of Now, this condition is an essential about the treaty. I know of nobody who compliance, and would greatly beef up protection in the Senate’s resolution of knows more details of the treaty than our military’s chemical warfare de- ratification. It would make approval of the Senator from Delaware, unless it is fense capabilities. In addition, the Sen- this treaty absolutely contingent upon the Senator from Indiana, Senator ate leadership this morning received a the administration’s agreement to seek LUGAR, who has consistently led on letter from the President committing modifications of Articles X and XI. You this and is also responsible in the Sen- him to withdrawing from the conven- have heard me say that over and over ate for ratification of this issue along tion if it leads to the degradation of again for the past several weeks and with Senator BIDEN. our chemical weapons defenses, or months. Now, I have urged Senators to I congratulate my colleague from Ar- leads to chemical weapons prolifera- oppose efforts to strip out that key izona, Senator KYL, who fought long tion. protection. But here we go again. If and hard in this cause. He has done a I believe this treaty is now worthy of this motion to strike prevails, it will masterful and admirable job in articu- ratification and will vote accordingly. be an invitation to the Senate to reject lating his position on this issue. Our Rest assured, however, that a treaty is the treaty entirely. But I don’t think majority leader, Senator LOTT, has only as reliable as the offices admin- the Senate is going to accept that invi- been through hundreds of hours of istering it. Consequently I have every tation. meetings and has had tough negotia- intention of continuously evaluating In any case, why should we modify tions with the administration. Senator the performance of the administration Articles X and XI? The administration and the United Nations relative to LOTT got from the President of the argues that, in spite of all its flaws, the United States a letter which he calls their implementation of these treaty CWC is better than nothing. Well, to unprecedented. I agree. I believe that it provisions. Should any party come up the contrary. With Articles X and XI is something that can assure all of our short in their verification and enforce- unmodified, this treaty is far worse citizens that if there are violations of ment duties, we will be right there to than nothing. Instead of halting the set them straight. this treaty, the United States of Amer- spread of poison gas, this treaty will be Mr. HELMS. Mr. President, I sup- ica will leave, and leave immediately. aiding in its proliferation by helping pose, at this point, it would be an exer- countries like Iran modernize their Senator LOTT has done a job unequaled cise in futility to go into great detail chemical arsenals, giving them access by any in his leadership on this issue. about why the Senate should reject to our secrets for defending against I am grateful for it. this chemical weapons treaty. But let Finally, I also want to express my poison gas attack, and giving a United me touch on it. I ask the Chair to no- appreciation to the former majority States imprimatur to third country tify me when I have talked for 8 min- leader, Senator Dole, who, of course, transfers of dangerous chemicals and utes. decided that this issue was important Mr. President, this treaty won’t defensive technology to rogue states. Anybody who needs a road map or enough for him to inform our col- touch—won’t touch—terrorist states wants one for how this will work leagues. like Libya, Iraq, Syria and North doesn’t have to go to a lot of trouble. Finally, Mr. President, sometimes Korea. The administration admits this the Senate doesn’t have great days, itself. The administration also admits Just examine how Russia has taken ad- and sometimes the Senate has mo- that this treaty is unverifiable. The vantage of similar provisions in the ments of which we can all be proud. I fact that Russia is already cheating, Nuclear Non-Proliferation Treaty. Rus- believe, watching carefully this debate even before this treaty goes into effect, sia is, at this very moment, using that for the last 2 days and what has tran- and the rather incredible refusal by the treaty to justify its sale of nuclear re- spired here on the floor of the Senate, administration to bar inspectors from actors to Iran, under a provision I think the opponents and proponents hostile nations, such as Iran and China, known as ‘‘Atoms for Peace,’’ if you of the treaty can be proud of the level to come and ‘‘inspect’’ the businesses can believe that. Under this CWC trea- of debate, both in its comity and also of the United States of America. It ty’s Articles X and XI—again, I have to in its content. I congratulate my col- seems to me that each of these defects, chuckle when I say it—dubbed ‘‘Poi- leagues on a hard-fought debate, one of in and of themselves, are reason sons for Peace’’—if Russia or China de- which I think every Member, whether enough to oppose the treaty. cide, for example, to build a chemical we are on the winning or losing side, But one in the Senate often has to manufacturing facility in Iran, giving can be proud. face reality. Let me say this. There is that terrorist regime the chemical I yield the floor. one issue that has raised the greatest agents and high technology it needs to Mr. ENZI. Mr. President, one of the concern among Senators, I believe—the modernize its chemical weapons pro- charges made consistently during the issue on which the ratification vote gram, Russia and China not only could weeks of debate over this treaty is the should hinge—and that is the adminis- argue that they are allowed to give charge that supporters of this treaty tration’s refusal to modify Articles X Iran this technology, but that they are desired to see chemical weapons abol- and XI of this treaty. obliged to do so under a treaty, mind ished from the earth, while opponents Now, these controversial provisions you, ratified by the Senate of the Unit- have no such interest. Nothing could be require the transfer of dangerous chem- ed States. further from the truth. Opponents of ical agents, defensive gear and know- In short, ratifying the chemical the treaty also desire to see these hei- how to any nation that joins the CWC, weapons treaty sends a signal to the nous weapons abolished. We have sim- including—get this—terrorist states world that something has been done ply contended that a poorly drafted like Iran and Cuba, and known about the proliferation of chemical treaty will not only fail to achieve that proliferators, such as Russia and weapons when, in fact, we would not worthy end, but could even lead to China. Now, think of the implications have done anything at all except make their increased proliferation. of that. If anybody is out there in bad matters worse, because Articles X I am pleased to report that, as of this televisionland, I hope you will con- and XI of this treaty—this dangerous, morning, opponents of the original template what is going on here on the dangerous treaty—assure that the treaty draft have prevailed in our ef- Senate floor and watch who votes how Chemical Weapons Convention will in- forts to add teeth and additional safe- when the roll is called up yonder in crease the spread of chemical weapons guards to what was heretofore an unac- just a little while. rather than stop it. ceptable document. To begin with, the Former Secretary of Defense, Dick So in this next to the last vote of the Senate yesterday voted to add twenty- Cheney, during the previous public ad- evening, Senators have a choice. In S3626 CONGRESSIONAL RECORD — SENATE April 24, 1997 making that choice, I for one cannot vanced assistance to those nations we gitimate chemical commerce, which is imagine that the U.S. Senate would re- trust, but no obligation. reasonable. But in his April 22 letter, ject the advice of four former distin- The Administration is so comfortable Mr. Berger explains that this Article guished Secretaries of Defense, who with this reading of the treaty, that, in does not require the United States, or testified that unless Articles X and XI their negotiations with Senator HELMS any U.S. company, to provide confiden- are modified, the Senate should refuse and with the Majority Leader’s task tial business information to any for- to ratify this treaty. force on the CWC, they have agreed to eign party. Mr. President, I reserve the balance a binding condition (number 15) that As to the concern that Article XI will of my time. would ensure that the United States undercut export controls, indeed, the The PRESIDING OFFICER. Who will not provide any assistance other reverse is true. Mr. Berger makes clear yields time? than medical assistance to any rogue that all U.S. export controls now in ef- Mrs. FEINSTEIN. I note that the nation that becomes a party to the fect are fully consistent with the CWC. ranking member is not present on the treaty. In addition, our allies in the Australia floor at the moment, Mr. President. I Another concern about Article X is Group, all 28 of them, have pledged to will yield myself 10 minutes. that paragraph 3, which calls for par- maintain all existing multilateral ex- The PRESIDING OFFICER. Without ties to ‘‘facilitate *** the fullest pos- port controls, which they agree are objection, it is so ordered. sible exchange’’ of information and fully consistent with the CWC. Mrs. FEINSTEIN. Mr. President, I technology on protection against Here again, the problem identified by want to express my strong support for chemical weapons, which some here critics of the CWC would actually be the motion to strike condition 32 from have said would require the United worse without the treaty. The CWC the resolution of ratification. States to share such equipment with will allow us to better monitor chemi- I strongly support the Chemical rogue nations who sign and ratify the cal commerce that occurs today with- Weapons Convention. I believe it is treaty. out our knowledge. It will also provide very much in our national interests to The Administration has made clear the basis for further multilateral ef- ratify this treaty. that the use of the words ‘‘facilitate’’ forts to control exports, above and be- The pending motion is to strike con- and ‘‘possible’’ in this paragraph mean yond our own existing export controls dition 32 from resolution of ratification that the United States will determine and those of the Australia Group. of the CWC. It is essential that this whether any specific exchange is appro- Furthermore, with the CWC, the motion pass, because if it does not, our priate, and we will not pursue those we countries undertaking exchanges are decision to ratify the treaty will be deem inappropriate. In making these legally bound by the fundamental obli- meaningless. decisions, we will do nothing to under- gations in Article I—the overriding Ar- During the debate over this treaty, a mine our national export controls. ticle of the treaty—never ‘‘to assist, With these assertions in hand, I am number of serious concerns have been encourage or induce in any way anyone satisfied that the United States will in raised over Articles X and XI. I myself to engage in any activity prohibited’’ no way be obligated to provide chemi- have shared some of these concerns. under the convention. It must be re- cal weapons technology to any nation But I want to address these criticisms membered that Article I supersedes all of the CWC now, because I believe that we deem to be untrustworthy. Some have also raised the concern subsequent articles of the Convention. very solid answers have been provided that Article X might induce other, less It is disingenuous to suggest that the to virtually all of them. conscientious nations, to supply rogue treaty would undercut its central pro- I met at the White House last Friday states with defense technologies. But hibition so blatantly. with National Security Adviser Sandy there is nothing that prevents those To address the concerns raised about Berger and Special Assistant to the sales from taking place today, with no Article XI, the Administration has President for Defense Policy and Arms CWC in effect. agreed to a binding condition (number Control Robert Bell, who explained Within the CWC, the countries who 7) that the President must certify now these answers to me in detail, and I make exchanges allowed in Article X and on an annual basis that the Aus- found their explanations persuasive. are legally bound by the treaty’s over- tralia Group of 30 nations is continuing Sharing Defense Technologies: Dur- riding principle, stated in Article I, to control chemical exports effectively ing the April 9, 1997 hearing in the Sen- that they can do nothing to ‘‘assist, en- and remains a viable mechanism for ate Foreign Relations Committee, the courage, or induce, in any way, anyone doing so. concern was raised by several witnesses to engage in any activity prohibited to According to this condition, the that Article X of the CWC would re- a State Party under this Convention.’’ President must also certify that noth- quire the United States to share ad- Any country’s failure to uphold this ing in the CWC obligates the United vanced chemical defense technologies obligation would enable the full force States to weaken our own export con- with rogue nations like Iran, who may of over 160 nations to coalesce in sup- trols, and that each member of the sign and ratify the treaty. port of sanctions, and possibly military Australia Group remains committed to If indeed the treaty required that, action. maintaining current export controls. there would be significant grounds for In addition, the CWC would provide With this condition added to the res- concern. But I believe the concern is us with far more ability to scrutinize olution of ratification, I believe con- unwarranted and unfounded. any exchanges of chemical defense cerns about Article XI can be laid In an April 22 letter to me, National equipment than we have today. The re- aside. Security Adviser Sandy Berger makes sult is a net increase, not decrease, in In fact, the negotiations between the it very clear that Article X of the CWC our knowledge of defense exchanges Administration and Sen. BIDEN on the would impose no obligation on the with rogue nations, and our ability to one hand, and Sen. HELMS and Sen. United States to assist Iran with its address any compliance concerns that LOTT’s task force on the other, have chemical weapons defense capabilities. may arise from these exchanges. been remarkably successful in address- I ask unanimous consent that Mr. Cooperation on Chemical Tech- ing the concerns that have been raised Berger’s letter be included in the nology: Another concern that has been about the treaty. RECORD at the conclusion of my re- raised involves Article XI. Some have If the Administration is willing to marks. suggested that Article XI, which deals meet the concerns of the critics of Ar- Mr. Berger makes clear that para- with cooperation in chemical activities ticles X and XI, as it has, and those graph 7 of Article X, which spells out not prohibited by the treaty, would re- critics still insist on the removal of the obligations of States Parties to as- quire the United States to provide those articles as their price for ratify- sist others threatened by chemical other nations with access to our dual- ing the treaty, it is clear that the in- weapons, would require the United use technologies and manufacturing se- tent is to kill the treaty altogether. States to provide nothing more than crets. Here again, the concern is un- It is completely unrealistic to sug- medical antidotes and treatments to warranted. gest that we try to drop Article X and any state we deemed unreliable. We Article XI does aim to ensure that amend Article XI of the CWC at this have the option to provide more ad- parties to the treaty can conduct le- point. These two articles were included April 24, 1997 CONGRESSIONAL RECORD — SENATE S3627 to reassure countries who signed the Now, I understand the concern there. party. As to the concern that article XI treaty that they would not be pre- But the administration has made it will undercut export controls, indeed, vented from developing chemical weap- clear that the use of the words ‘‘facili- the reverse is true. Mr. Berger makes ons defenses or engaging in legitimate tate’’ and ‘‘possible’’ in this paragraph clear that all U.S. export controls now chemical commerce. mean that the United States will deter- in effect are fully consistent with the None of the 160 nations who have mine whether any specific exchange is CWC. signed or 74 nations that have ratified appropriate, and we will not pursue In addition, our allies in the Aus- the treaty will agree to renegotiate those we deem inappropriate. In mak- tralia Group—all 29 of them—have these provisions at the eleventh hour. ing these decisions we will do nothing pledged to maintain all existing multi- It will simply result in our exclusion to undermine our national export con- lateral export controls, which they from the CWC—which is clearly the in- trols. agree are fully consistent with the tent. With these assertions in hand, I am CWC. Here again the problem identified As Gen. Brent Scowcroft, National satisfied that the United States will in by critics, I think, would be worse Security Adviser to President Bush, no way be obligated to provide chemi- without the treaty. The CWC allows us testified before the Foreign Relations cal weapons defense technology to any to better monitor chemical commerce Committee on April 9, 1997: nation we deem untrustworthy. And that occurs today without our knowl- Starting over * * * is pure fantasy. If we the President’s point A in his letter to edge. It will also provide the basis for reject this treaty, we will incur the bitter- the majority leader points this out as further multilateral efforts to control ness of all our friends and allies who followed exports, above and beyond our own ex- us for 10 years in putting this thing one of the three conditions under together ** *. The idea that we can lead out which the United States would with- isting export controls and those of the again down a different path I think is just draw from the treaty if it turns out Australia Group. And, once again, Arti- not in the cards. We have got to deal with any other way. cle I supersedes this article with the the situation we face now, not an ideal one Some have also raised the concern overriding obligation never ‘‘to assist, out in the future. that Article X might induce other, less encourage or induce in any way anyone The concerns raised about Articles X conscientious, nations to supply rogue to engage in any activity prohibited’’ and XI—which I shared—have been states with defense technologies. But under the convention. more than adequately addressed by the there is nothing that prevents these To address the concerns raised about agreed conditions. sales from taking place today, with no article XI, the administration has Failing to strike this condition CWC in effect. agreed to a binding condition No. 7 would be tantamount to killing the With the CWC, the countries who that the President must certify now treaty. I urge my colleagues to vote for make exchanges allowed in Article X and on an annual basis that the Aus- this motion to strike. Those who do are legally bound, as Senator MCCAIN tralia Group of nations is continuing to not are essentially voting against rati- pointed out, to the treaty’s overriding control chemical exports effectively fication of the entire CWC. and superseding principle, stated in Ar- and remains a viable mechanism for The CWC is not a panacea, and none ticle I, that they can do nothing to doing so. The President must also cer- of its proponents believes it is. It will ‘‘assist, encourage, or induce, in any tify that nothing in the CWC obligates not by itself banish chemical weapons way, anyone to engage in any activity the United States to weaken its own from the earth, but it would result in prohibited to a State Party under this export controls. The President, in his the destruction of much of the world’s Convention.’’ Any country’s failure to point B on page 2 in his letter to the chemical weapons stocks, and provide uphold this obligation would enable the majority leader, clearly points out us with a valuable set of tools that full force of 160 nations to coalesce in that, if that happens, we would with- would significantly strengthen our support of sanctions, and possibly mili- draw from the treaty. ability to monitor and defend against The negotiations between the admin- tary action. the threat of chemical weapons. istration and Senator BIDEN on the one In addition, the CWC would provide So, reiterating, Mr. President, during hand, and Senator HELMS and Senator us with far more ability to scrutinize the April 9 hearing in the Senate For- LOTT’s task force on the other, I think any exchanges of chemical defense eign Relations Committee, the concern have been remarkably successful in ad- equipment than we have today. So the was raised by several witnesses that dressing concerns raised by the treaty. Article X would require the United result is a net increase, not a decrease, So we see here that the administra- States to share advanced chemical de- in our knowledge of defense exchanges tion has been willing to meet the con- fense technologies with rogue nations with rogue nations and our ability to cerns of critics of articles X and XI, like Iran, who may sign and ratify the address any compliance concerns that and it has. It seems to me completely treaty. If indeed the treaty required may arise from these exchanges. For unrealistic to suggest that we try to that, there would be significant me, it was very helpful to be present in drop articles X and XI at this late grounds for concern. But I believe the the closed session of this Senate. I very stage. These two articles were included concern is unwarranted. much appreciate the information to reassure countries who sign the In an April 22 letter to me, National shared. But I think the bottom line is treaty that they would not be pre- Security Adviser Sandy Berger makes really this point. vented from developing chemical weap- it very clear that Article X of the CWC Let me turn to article XI, which ons defenses or engaging in legitimate would impose no obligation on the deals with cooperation in chemical chemical commerce. United States to assist Iran with its technology. None of the 160 nations who have chemical weapons defense capabilities. Another concern that has been raised signed, nor the 74 nations who have Mr. Berger makes clear that para- involves the article XI provisions on ratified this treaty will agree to re- graph 7 of Article X, which spells out cooperation in chemical activity not negotiate these provisions at the elev- the obligations of States Parties to as- prohibited by the treaty. Some fear enth hour. It will simply result in our sist others threatened by chemical that these provisions would require the exclusion from the CWC. And that weapons would require the United United States to provide other nations would truly be too high a price to pay. States to provide nothing more than with access to our dual-use tech- I urge all my colleagues to support this medical antidotes and treatments to nologies and manufacturing secrets. motion to strike condition 32 from the any state we deem unreliable. We have Here again, I truly believe the concern resolution of ratification. the option to provide more advanced is unwarranted. Article XI aims to en- I thank the Chair. I yield the floor. assistance to those states we trust, but sure that parties to the treaty can con- Mr. HELMS. Mr. President, I yield as no obligation. duct legitimate chemical commerce. It much time as I may have to Senator Another concern about Article X is is reasonable. KYL. that paragraph 3, which calls for par- In his April 22 letter to me, Mr. The PRESIDING OFFICER. The Sen- ties to * * * ‘‘facilitate * * * the full- Berger explains that this article does ator from Arizona. est possible exchange’’ of information not require the United States nor any Mr. KYL. Mr. President, first of all, and technology on protection against U.S. company to provide confidential let me say that I do not like to dis- chemical weapons. business information to any foreign agree with my friend and colleague S3628 CONGRESSIONAL RECORD — SENATE April 24, 1997 from California, Senator FEINSTEIN. former Secretaries of Defense in testifying in tion relating to the development and And I find that I rarely disagree with early April when the Foreign Relations Com- application of chemistry for purposes my colleague from Arizona, Senator mittee holds hearings on the Chemical Weap- not prohibited under the convention.’’ ons Convention. Regrettably, other commit- MCCAIN. This is a treaty which has That is to say, peaceful purposes. ments will preclude me from participation. I caused division among reasonable peo- hope that this correspondence will be suffi- And, second, that the state parties ple. I respect their views immensely. cient to convey my views on this Conven- ‘‘shall not maintain among themselves We find that even former members of tion. any restrictions, including those in any the same administration, the Bush and During the years I served as Secretary of international agreements, incompat- Reagan administrations, now find Defense, I was deeply concerned about the ible with the obligations undertaken themselves on opposite sides of this inherent unverifiability, lack of global cov- under this convention, which would re- issue. So it is a matter upon which rea- erage, and unenforceability of a convention strict or impede trade and the develop- that sought to ban production and stock- ment and promotion of scientific and sonable people can differ. As I said, I piling of chemical weapons. My misgivings respect the views of those who have on these scores have only intensified during technological knowledge in the field of disagreed with me, and they have cer- the four years since I left the Pentagon. chemistry for industrial and agricul- tainly shown a respect for my views, The technology to manufacture chemical tural research, medical, pharma- which I appreciate. weapons is simply too ubiquitous, covert ceutical, and other peaceful purposes.’’ These two articles are among the chemical warfare programs too easily con- These two provisions were inserted in most important in the treaty, and I cealed, and the international community’s the treaty essentially as inducements think a little bit of background is im- record of responding effectively to violations to get the parties to join the treaty, in of arms control treaties too unsatisfactory effect, saying, ‘‘If you will join the portant for us to understand the reason to permit confidence that such a regime we believe that it is important that would actually reduce the chemical threat. CWC, those of us who have this tech- they not be included in the treaty Indeed, some aspects of the present Con- nology and these chemicals will pro- when we enter into force. vention—notably, its obligation to share vide them to you. We will sell you the We have said initially that this trea- with potential adversaries like Iran chemical chemicals for peaceful purposes—not ty is not global. It doesn’t cover coun- manufacturing technology that can be used for chemical weapons. And we will pro- tries that it should. It is not verifiable. for military purposes and chemical defensive vide you the defense technology so that It is fairly well acknowledged there are equipment—threaten to make this accord you can defend against any possible use worse than having no treaty at all. In my no sanctions. But supporters have said judgment, the treaty’s Articles X and XI against you.’’ Of course, the price for it is better than nothing. There are amount to a formula for greatly accelerating having that right is not developing some advantages to it. Our response is the proliferation of chemical warfare capa- chemical weapons. that in some respects it is not better bilities around the globe. In this respect, the treaty was com- than nothing. Those nations most likely to comply with pared to the Nuclear Non-Proliferation In particular, these two sections, ar- the Chemical Weapons Convention are not Treaty, and the so-called ‘‘Atoms for ticles X and XI, make it worse than likely to ever constitute a military threat to Peace,’’ which said that if the coun- nothing, and we ought to get rid of the United States. The governments we tries would forswear the development should be concerned about are likely to them. It is true that to get rid of them, cheat on the CWC, even if they do partici- of nuclear weapons building that the the states parties to the convention pate. developed countries of the world would have to agree. That will take some In effect, the Senate is being asked to rat- provide them peaceful nuclear tech- time. But we believe it is better, before ify the CWC even though it is likely to be in- nology. For some countries this the United States enters, when we have effective, unverifiable and unenforceable. worked. But sadly we know that a cou- the leverage to cause that renegoti- Having ratified the Convention, we will then ple of other countries used the peaceful ation to occur, to have it occur at that be told we have ‘‘dealt with the problem of technology to build their nuclear weap- chemical weapons’’ when in fact we have not. on capability. time. Therefore, the resolution of rati- But, ratification of the CWC will lead to a fication is passed, but prior to the sense of complacency, totally unjustified So, Secretary Cheney, and many oth- President actually depositing those ar- given the flaws in the convention. ers, fear that these sections, these arti- ticles, the President certify to us that I would urge the Senate to reject the cles, would permit countries—since articles X and XI have been removed, Chemical Weapons Convention. they have been induced to come into or fixed. Sincerely, the treaty with these commitments— Why is this so important? Secretary DICK CHENEY. to then call upon those commitments of Defense Cheney was quoted by the Mr. KYL. Mr. President, what is it from the countries that have this distinguished chairman of the commit- about articles X and XI that cause Sec- equipment. tee, and I think he succinctly said it. retary Cheney and so many others to Is this an unreasonable assumption? Therefore, I will summarize these conclude that they should be removed? Today, we are basically hearing state- thoughts by quoting Secretary Cheney I will quote to you the language of ments that suggest that that is not the in his letter of April of this year. both. They are on the chart behind me. way it was intended at all. He said: Article X provides that ‘‘ * * * each That is a very recent phenomenon. Indeed, some aspects of the present Con- state party undertake to facilitate, and As a matter of fact, right after the vention—notably, its obligation to share shall have the right to participate in, CWC was signed, it was very clear to with potential adversaries like Iran chemical the fullest possible exchange of equip- all states parties that they begin to manufacturing technology that can be used ment, material, and scientific and dismantle the trade restrictions they for military purposes and chemical defensive technological information concerning had in place on chemicals in order to equipment—threaten to make this accord means of protection against chemical come into compliance with the CWC. worse than having no treaty at all. In my weapons.’’ According to the administration in judgment, the treaty’s Articles X and XI In other words, in plain English, testimony before the Senate, and I am amount to a formula for greatly accelerating the proliferation of chemical warfare capa- those parties which have defensive ca- quoting now, ‘‘Australia Group mem- bilities around the globe. pability will undertake to facilitate bers’’—these are the countries that Mr. President, I ask unanimous con- the fullest possible exchange of that have agreed not to sell chemicals to sent that Secretary Cheney’s letter be technology, equipment, and so on, to terrorist states—‘‘in August 1992 com- the countries that don’t have them. mitted to review their export control printed in the RECORD. There being no objection, the mate- They shall have the right to partici- measures with a view of removing rial was ordered to be printed in the pate in the fullest possible exchange of them for CWC states parties in full that equipment. compliance with their obligations RECORD, as follows: Article XI is the article that says under the convention.’’ DALLAS, TX, April 7, 1997. that the states parties shall: ‘‘(b) un- They knew that those trade restric- Hon. JESSE HELMS, Chairman, Committee on Foreign Relations, dertake to facilitate, and have the tions were incompatible with the new U.S. Senate, Washington, DC. right to participate in, the fullest pos- commitments they had undertaken in DEAR MR. CHAIRMAN: Thank you for your sible exchange of chemical equipment, articles X and XI of the convention, letter inviting me to join several other and scientific and technical informa- and the Australia Group itself issued a April 24, 1997 CONGRESSIONAL RECORD — SENATE S3629 formal statement which concluded ties to the treaty. The treaty says we overrode the point of being honest in again that states parties were review- can do it, so stop complaining and, by the certification. The same thing is ing this, and I am quoting, ‘‘with the the way, don’t impose any restrictions true with the Arms Control Disar- aim of removing such measures for the on us because of what we are doing. mament Act, the annual Pell report, benefit of states parties to the conven- I do not know how long it will be be- section 51. We know that Russia is not tion acting in full compliance with the fore chemical companies in other coun- in compliance with the Biological obligations under the convention.’’ tries are going to say wait a minute, Weapons Convention or with the Wyo- The point being that when the treaty why should the Chinese have all the ac- ming Memorandum of Understanding went into effect the parties knew full tion here; we would like to have a piece or with the Bilateral Destruction well that trade restrictions they had of that action, too, and therefore when Agreement, but the most this adminis- were no longer compatible with the one country breaks an embargo it be- tration has ever done is to conduct convention, with articles X and XI, and gins to fall apart. That is why I submit high-level discussions with the Rus- that they were going to have to review that just focusing on United States ac- sians. It is too hard to certify that they limiting those trade restrictions, and tion under the treaty is not going to are in noncompliance and therefore the Australia Group is a very success- solve the problem. take the action that is required. ful group of countries that has trade There is also the idea—and this is The same thing is true under the Ex- restrictions against trade in chemicals really not a proper legal argument, but port-Import Ban Act with respect to to these terrorist states. some have said that article I super- violations by China and several other Well, we then began raising the ques- sedes the specific articles of the con- laws that China has violated with re- tions about articles X and XI. The ad- vention. Now, for those who are law- spect to its chemical weapons transfers ministration position changed 180 de- yers, they recognize this is not true. to Iran. These certifications are simply grees, Mr. President. The administra- The specific always governs over the too hard. And while I agree, I am sure tion began to say, well, actually, we general. Article I is a general prohibi- the intentions of the President are ap- could continue our restrictions under tion. The very specific articles such as propriate in this regard, those certifi- these two articles. And we said, well, it articles X and XI will control. They are cations I submit are not going to be will not do any good unless everybody the specific implementation of the done. else does it. They said, we could even treaty. The time line here is important, too. But to conclude now, Mr. President, persuade the Australia Group countries This is a commitment by President the President of the United States has to do that. In other words, to do ex- Clinton. It is between 2 and 3 years be- said given the fact that there are con- actly the opposite of what they had fore any action can be taken under this cerns, continuing concerns about arti- originally decided they had to do to be convention. That means that this cles X and XI, I am going to write a in compliance. President’s term will almost be expired So the administration has made letter which maybe will put your mind before he would have the opportunity much of and my colleagues have spo- at ease, and that letter has been re- to even consider the issues that are set ken of the fact that the United States ferred to here by some of my col- forth in his letter. So it is not an effec- will now interpret the Chemical Weap- leagues. I do not doubt the sincerity of tive commitment. ons Convention as not requiring us to the President in sending the letter and provide this equipment and as enabling certainly do not doubt the sincerity of And finally, Mr. President, the letter us to maintain trade restrictions even my colleagues in believing that letter only deals with United States actions, despite articles X and XI. Moreover, provides some solace, but I would like the point that I made in the beginning. that we have even tried to get our fel- to make five points with respect to The question here is not United States low Australia Group countries to main- that letter. actions. The question has always been tain their restrictions in place. If the things under articles X and XI what are we going to do with those That is laudable. We have at least happen that we think will, it does not countries of the world that seek an of- pushed the rock that far up the moun- solve anything for the United States to fensive chemical weapons capability, a tain. We have got them to agree these pull out of the treaty as the President capability that we would like to deny two sections should not operate the says he might do. The time to exercise them, countries like Iran, the one I way they plainly say they will. I think leverage is now before we are a party have been talking about here. This it is a little unseemly to be signaling to the treaty. And what we are saying commitment, the President’s commit- before we have entered the convention is prior to the United States getting ment in his letter does absolutely that we are going to violate it up front into the treaty, we should make sure nothing with respect to the sales of and convince many of our friends to that articles X and XI are removed so chemicals and chemical technology violate it, because, frankly, it is the that these bad things do not happen. from a country like China to a country right thing to do because articles X Once they happen, there is no point of like Iran. It doesn’t affect it at all. and XI ought to be violated by us. They the United States pulling out of the So while it is a nice commitment to have no place in this treaty. treaty. That does not solve anything. have made with respect to the United The problem is the administration So what the President says he is will- States participation and attempting to has also glossed over the fact that ing to do, frankly, is not an induce- keep the Australia Group together, the while we may interpret the treaty this ment. fact is it does not deal with part of the way, there are others who do not. For Moreover, there is the argument that problem that has concerned us from example, China does not. Iran does not. it is better to be inside the treaty than the very beginning. And there are other countries that we outside the treaty. And believe me, I conclude with this letter to simply heard about in our classified session once we are inside it is going to be make this point. As I said, reasonable this morning that do not. They explic- much harder to leave than it is to get people can differ, and I respect the itly understand that the treaty means in in the first place. views of those who disagree with me. what it says. And therefore two parties Third, certifications of the kind that They have sincere belief that this trea- that have signed, not yet ratified but the President indicated he would be ty is better than nothing. And if they signed the agreement have indicated willing to make are very, very hard to believe that way, they should vote yes that they intend to continue their do. There are a whole series of certifi- on this treaty. There are also those of trade. And this is China selling chemi- cations that have to be made under us who disagree with that proposition. cals to Iran, for Iran’s chemical weap- U.S. law. They are too hard. We end up But I urge my colleagues, if you believe ons program. That is the problem. And not doing them. The certification of that this letter provides the basis for it is true that nothing prevents that Mexico is a good example, to certify support for the treaty, I honestly be- trade from occurring today, Mr. Presi- that they are cooperating with us in lieve that is incorrect. If you are going dent, but the problem is that the the war on drugs. Most people believe to vote yes on this treaty, do it for Chemical Weapons Convention gives that that was not an honest certifi- grounds other than this letter because them the color of law, the legal author- cation. But the desire to cooperate it does not provide a satisfactory re- ity to be able to say: Look, we are par- with Mexico was so strong that it sponse to the very real problem that S3630 CONGRESSIONAL RECORD — SENATE April 24, 1997 has been discussed by Secretary Che- If we are signing a treaty, don’t we ports don’t contribute to the spread of chem- ney, by Secretary Weinberger, by Sec- mean to comply with all of it. And ical weapons. retary Rumsfeld, by Secretary Schles- then again we are not just talking But Articles X and XI of the CWC require inger, and a host of other people who about the United States, because I member countries to transfer chemicals and technology to any other member country have all said that the fundamental hope that we don’t just give our tech- that asks. This goes a long way toward ex- problem is articles X and XI. Unless nology away to some countries, some plaining why the Chemical Manufacturers they are removed, we are looking for countries that will sign this conven- Association is so loud in its support of the more proliferation, not less, under this tion and will not comply. We know treaty. treaty. And it is for that reason the that. We have had some experience. We Senators who are still considering how to motion to strike should be defeated, have seen it not only with the Geneva vote might consider whether selling such Mr. President. Protocol on chemical weapons, but we chemicals to China or Iran or Cuba will help make the world safe from chemical weap- Mr. HELMS addressed the Chair. also have seen it with the biological The PRESIDING OFFICER. The Sen- ons—or make the world a more dangerous weapons convention which a lot of place. ator from North Carolina. countries signed but they have not MUSTARD GAS FOR SALE Mr. HELMS. From my general debate complied with and we know that. Our time I yield 10 minutes to the assistant Trade in these 20 precursors for chemical intelligence community has done a weapons agents, now regulated, would be majority leader. pretty good job, and in many cases we The PRESIDING OFFICER. The Sen- permitted under the Chemical Weapons Con- know a lot of countries are not comply- ator is recognized for 10 minutes. vention: Mr. NICKLES. Mr. President, first I ing. 3-Hydroxy-1-methylpiperidine But I think it is legitimate to ask, would like to compliment my colleague Potassium fluoride are we better off with it or without. 2-Chloroethanol from Arizona, Senator KYL, for an ex- And I have heard good debate on both Dimethylamine (DMA) cellent statement. I happen to think Dimethylamine hydrochloride that this amendment we are debating sides. But this language says to me we have to share this technology. Not only Hydrogen fluoride is the key amendment of the entire de- Methyl benzilate bate. I certainly compliment all Sen- do we have to but also other countries, 3-Quinuclidone ators for their involvement in this de- including countries like China, would Pinacolone bate. I think it has been one of the best be sharing this technology with Iran. Potassium cyanide debates we have had in the Senate for Under the treaty, they would be Potassium bifluoride obliged to, or certainly that is what Ammonium bifluoride a long time. It is also one of the most Sodium fluoride important issues we have had where we they will be saying. Does that increase the likelihood and the dangers of Sodium bifluoride have seen so many colleagues, particu- Sodium cyanide larly on this side of the aisle, who have chemical weapons? I am afraid it does. Phosphorus pentasulfide been undecided and probably because of And then looking at article XI, and Diisopropylamine (DIPA) this language dealing with article X again just looking at the treaty and Diethylaminoethanol (DEAE) and article XI. looking at the language of the treaty— Sodium sulfide This is the language we have heard every once in a while I think it is im- Triethanolamine hydrochloride former Defense Secretary Cheney, portant we do it—under article XI, sec- Source: Senate Foreign Relations Committee former Secretary of Defense Schles- tion 2(c) it says: Mr. NICKLES. This article lists inger, and Cap Weinberger, really Not maintain among themselves any re- about 20 chemicals that are not prohib- speak out against in their statements strictions, including those in any inter- ited by this treaty, that basically this before the Senate Foreign Relations national agreements, incompatible with the section of article XI says you will be obligations undertaken under this conven- able to sell those chemicals. As a mat- Committee. tion, which would restrict or impede trade Also, I note that President Clinton and the development and promotion of sci- ter of fact, no restriction. This lan- has a letter addressing this issue. But I entific and technological knowledge in the guage says that countries cannot main- looked at it a little bit more. I cer- field of chemistry for industrial, agricul- tain amongst themselves any restric- tainly concur with the goals and objec- tural, research, medical, pharmaceutical or tions including those in any inter- tives; we want to reduce chemical other peaceful purposes. national agreements. It does not say weapons. And we have taken a lauda- In other words, we want a lot more some. It says any international agree- tory step of saying we are going to ban trade in other chemicals that aren’t ments. That sounds pretty open. A lot them in this country and we want to banned by this treaty. of those chemicals can be used to de- encourage other countries to ban them, There is an editorial in the Wall velop chemical weapons. They can also and I think that is great. And that is in Street Journal that I ask unanimous have a dual purpose. It can be kind of article I. I see article I is over here, consent to have printed in the RECORD. confusing. and if one reads article I it looks great. There being no objection, the article I understand the President in his let- But I think it is incumbent upon us as was ordered to be printed in the ter today said, well, he would try to Senators to read the balance of the RECORD, as follows: end the confusion. And so I looked at treaty. [From the Wall Street Journal, Apr. 24, 1997] his letter, and in his letter on page 2 he When you read article X, and it is in CHEMICAL REACTIONS says—dealing with article X, he said: the treaty, it says: Before today’s vote on the Chemical Weap- Using article X to justify providing defen- Each State Party undertakes to facilitate, ons Convention, we hope that some Senator sive chemical weapon equipment, material and shall have the right to participate in, will twist his tongue around the 20 chemicals or information to another State Party that the fullest possible exchange of equipment, listed here and read their names into the could result in U.S. chemical protective material and scientific and technological in- record. This list makes two important points equipment being compromised so that U.S. formation concerning means of protection about what’s wrong with the treaty. war fighting capabilities in a chemical weap- against chemical weapons. First is that many ordinary chemicals can ons environment are significantly degraded. Share defensive technology. I know be put to deadly use. The chemicals on this If that is the case, he wants out. list can be used in such mundane products as the administration said, well, we are laundry soaps, ink and fumigation agents— What is ‘‘significantly degraded’’? How not going to do that. But it is in the or they can be used in lethal weapons. Bear do you reach that level. I do not know treaty that we are going to. I find that this in mind when you hear the President as- that you would ever reach—since he a little contradictory, we are going to sert that the CWC will ‘‘banish poison gas has ‘‘significantly degraded,’’ I do not limit what we are going to share. This from the Earth.’’ know, because the word ‘‘significantly’’ says to the fullest extent possible. The The second point is that the CWC not only is there that it would ever be treated. language is very contradictory in what will permit trade in these 20 potentially And then in (b) he talks about where it the administration says they are going deadly chemicals, it will require it. American would be impossible for him to make a companies currently are restricted from ex- to do in subsequent letters and what porting these dual-use chemicals under the certification on the Australia Group. the language of the treaty is. I think terms of an organization called the Australia But in the final language he says we maybe the language of the treaty will Group, which is made up of 29 Western coun- would get out if the implementing of supersede. tries committed to ensuring that their ex- this convention carries out transfers or April 24, 1997 CONGRESSIONAL RECORD — SENATE S3631 exchanges under either article X or XI The PRESIDING OFFICER. They Secretary Cohen replied on Meet The which jeopardize U.S. national security have not. Press on Sunday—and Secretary by promoting chemical weapons pro- Mr. HELMS. Mr. President, I ask for Albright, likewise, who was sitting be- liferation. When is that going to be the yeas and nays. side him responded to this question— triggered? The PRESIDING OFFICER. Is there a they pointed out that is a very good His final conclusion is kind of inter- sufficient second? reason for us to be around the table esting. I read the AP story that said, There is a sufficient second. with the other countries from the be- well, because of the President’s letter, The yeas and nays were ordered. ginning, setting the rules. he said if these things happen, we are Mr. BIDEN. Mr. President, how much If Senators are seriously concerned out of there, we are going to walk away time remains under the control of the that other countries are going to give from the treaty. I do not read that in Senator from Delaware? away the store, we had better be there his language. It says I would be pre- The PRESIDING OFFICER. Eleven to help restrain them, to offer our lead- pared to withdraw. It did not say he minutes. ership. It comes back to that, our lead- would withdraw. So if it really jeopard- Mr. BIDEN. Mr. President, I suggest ership. We were the ones that started izes our national security, he might be my colleague and I divide that time. I the whole process—President Reagan, prepared, but it did not say he would yield 5 minutes to my friend from Indi- President Bush, President Clinton. We withdraw, after consulting with Con- ana. are the ones who had a good idea: If we gress. The PRESIDING OFFICER. The Sen- were getting rid of our chemical weap- In other words, I do not find a lot in ator from Indiana. ons, others ought to get rid of theirs. this letter that gives me any real com- Mr. LUGAR. Mr. President, the con- This is our treaty, as Secretary fort or assurance that article X or XI dition we are discussing, all Senators Albright said, ‘‘Made in the USA.’’ And has really been addressed. And I appre- by this time, I am certain, understand, we ought to be there to set the rules, to ciate the fact that a lot of our col- requires the President to certify that be the governing board, to assert our leagues have addressed this issue, but the parties to the convention have leadership at the moment that it is to me treaties are important. And we agreed to strike article X of the con- crucial after April 29. have had a lot of significant discussion vention and amend article XI of the So I say simply to those who have over various sections of the treaty, convention. That means, in simple lan- qualms about articles X and XI, we are maybe none more than article X and guage, that the United States would not going to give away the store, any XI, but it happens to still be in the simply say a treaty negotiated by 160 of us, as patriotic Americans. We would treaty. And the President’s letter not- countries, now ratified by, apparently, like to be at the table to make sure no withstanding, at the conclusion of his 74—unilaterally, we simply knock out one else entertains that thought. But I letter he said if all these things happen article X and severely amend article say again, whether we are there or not, or any of these things happen, I would XI. the treaty is going to happen after be prepared to withdraw. As all Senators who have addressed April 29. We better be there and, hope- Frankly, Senator KYL is right. That this will admit, this means effectively fully, with affirmative votes to strike is not going to happen in 2 or 3 years. the end of the treaty, at least in terms this fifth situation we have discussed It is not going to happen under Presi- of our participation, because, clearly, this evening, this fifth condition, and dent Clinton’s term. I do not know that the other nations of the world are for final passage, to vote for the treaty. this letter would be binding on suc- under no obligation to renegotiate the These are very important for the for- ceeding or successors of the President. entire treaty at that point. This is the eign policy and security of our coun- So, Mr. President, this language is reason it is strictly a killer amend- try. vitally important. I would tell my col- ment. It simply knocks out material The PRESIDING OFFICER. The Sen- league from North Carolina my vote on parts of the convention. ator from Delaware. final passage depends on this amend- If those who are advocating this had Mr. BIDEN. Mr. President, how much ment. If we are able to make this a point, there might be reason to pause time do I have remaining? change by the Senator from North at this point and not ratify the treaty. The PRESIDING OFFICER. Six min- Carolina, I will vote maybe for final But by and large it appears to me that utes 11 seconds. passage. I think this is a killer amend- most of us want to ratify the treaty Mr. BIDEN. Mr. President, I yield ment, having it in the treaty. I think it and we do so with assurance, first of myself 5 minutes and I ask to be in- is that important. We are ratifying the all, that as a country we have our wits formed at the end of those 5 minutes. I entire treaty including article X, in- about us. There is no possibility this am not going to take the time to speak cluding article XI. And again I com- President, the next President, Members to why this is a killer amendment and pliment my colleagues. I have the of the Senate, any responsible Amer- why this is so important, because I greatest respect for Senator LUGAR. I ican is going to furnish material to could not improve upon what the Sen- know he has worked hard on this. I countries that are rogue states that ator from Indiana said. I mean that have the greatest respect for Senator are going to jeopardize our security. sincerely. MCCAIN and a lot of other people on The treaty does not call for that, as It is real basic. This gets down to both sides of the aisle. They have con- again and again we pointed out. This real basic considerations. Anybody who ducted an excellent debate. I have was a generous interpretation that the has the capacity to transfer technology made a long list of pluses and minuses Iranians gave because, at least from can do that right now. They can do it on this treaty. I could debate either that standpoint, they would like to right now. If they are in the treaty, the side of the treaty, I have spent just have the material. But why we should treaty does not require them to trans- that amount of time on it. But I hap- ever be that gullible escapes me. There fer that technology, but they, theoreti- pen to think that this article X and aris no mandate to give anything away. cally, could transfer technology. If we ticle XI do a lot of damage. Since we Those of us who advocate the treaty are not in the treaty we are not there are ratifying not just article I, but the have been saying we will not. The to modulate their attitudes, their ac- entire treaty, I urge my colleagues to President of the United States has been tivities. We are out of the game. vote to delete the section. I urge my asked for assurance, and he said that This seems to me to be so simplistic colleagues to vote no on this. I think he will not. He has sent letters to the and basic. But let me put on the hat I this is the most important amendment majority leader and to individual Sen- have been wearing for the past 5 years. and discussion that we will have to ators affirming this in any number of I have been teaching constitutional law date. ways. at Widner University on Saturday I yield the floor. Furthermore, the question arises, mornings, a three-credit course. You The PRESIDING OFFICER. The Sen- ‘‘Fair enough, Mr. President, or Mr. know the old joke is, if you want to ator from North Carolina. Senator, if you will not give things learn a subject, teach it. If I had spent Mr. HELMS. Mr. President, have the away to the Iranians, how about the nearly as much time studying it when yeas and nays been ordered on this French or the Germans or some other I was in law school, as much time as I amendment? nation? Perhaps they will do so.’’ As have spent teaching it, I would have S3632 CONGRESSIONAL RECORD — SENATE April 24, 1997 ended up in the top of the class, not the Mr. President, what are we talking in, the fullest possible exchange of equip- bottom. I don’t think I would have the about here? Do you know what this de- ment, material and scientific and techno- record the Senator from Indiana had, bate on article X and article XI re- logical information concerning means of pro- but it would be better. minds me of, speaking of law school? tection against chemical weapons. But all kidding aside, there is some- The only thing I ever did do well in law Note that this paragraph contains thing, to quote Elliot Richardson, our school was moot court. I won that. ambiguous terms like ‘‘facilitate’’ and former Attorney General, and Abe Does that surprise you all? But I did. ‘‘possible.’’ There’s a reason for that— Chayes, Harvard Law School professor, It reminds me of what we used to the negotiators did not want us to and a number of other professors, do—maybe when my friend from Indi- make a concrete commitment. which I will submit for the RECORD, ana was at Oxford. You would walk in And the Administration has made there is, as the letter to me says, re- and you would be presented a question. clear that it interprets this paragraph garding article X and article XI, it The question before the court or the to mean that it will have the flexibility says: question before the House is—and you to decide what exchanges, if any, will occur under this paragraph. As it is axiomatic that all treaty provi- got assigned a side and you came up sions must be interpreted in view of the pur- with the best arguments. On April 15, Sandy Berger wrote to poses and objectives of the treaty and that a This reminds me of that, as if we all me to say that: subsidiary obligation should never be read got together earlier today and said, ... any exchange which does occur is lim- out of context to authorize behavior that OK, one side has to argue that article ited to that which we determine would be ap- would contravene a primary obligation, X and article XI do all these terrible propriate and permitted under the Conven- tion and consistent with our national export nothing in article X or XI may undermine things. I am glad I did not get that side article I . . .. controls on these heavily regulated items. to argue. The reason is, it is much I ask unanimous consent that this But the first part of that sentence— harder to make the case. My friend letter be printed in the RECORD. maybe I spent too much time in law from Arizona, who is an able trial law- schools. There is no legal scholar in There being no objection, the letter yer, is doing a very good job. But, look, was ordered to be printed in the America who will tell you that you can you cannot avoid the central purpose read a subsidiary provision in a treaty, RECORD, as follows: of the treaty and that is: Never, under THE WHITE HOUSE, a document, a contract or anything any circumstances, can any party as- else, that contravenes the stated pur- Washington, April 15, 1997. sist, encourage, induce in any way any- Hon. JOSEPH R. BIDEN, Jr., pose of the treaty—the stated purpose one to engage in any prohibited activ- Washington, DC. of the contract. You cannot do that. ity. DEAR JOE: During the Senate Foreign Rela- Think about it. Forget being a law- I yield myself 2 more minutes on the tions Committee’s hearings last week, con- yer, just think about it. How could you bill. cerns were again raised about the impact of write a contract, make a deal that So we are in a position here where I the Chemical Weapons Convention (CWC) on the ability of rogue states to acquire ad- said, ‘‘This is our purpose,’’ and five really understand the worry. But, even paragraphs later say, ‘‘but if you don’t vanced chemical defense or chemical manu- if there was any merit to the reading facturing technology. I would like to take want to meet the purpose, you don’t that is given by my friends, we have, in the opportunity to elaborate further on have to.’’ It is bizarre. This is an abso- the conditions that we did support, we these issues and set the record straight. lute bizarre interpretation. have two conditions which cover this— First and foremost, I would like to take Let me also point out—I wish my double cover it. We promise we are not issue with the charge that the Nuclear Non- friend had not taken down their chart. going to transfer anything that is not Proliferation Treaty (NPT) and the Biologi- The Senator’s chart, those in opposi- cal Weapons Convention (BWC), which have medical in nature. language similar to the CWC on promoting tion to my amendment, a chart on arti- Mr. President, a party cannot do cle XI, is somewhat incomplete. The trade for peaceful purposes, have hastened something in the treaty by transfer- the spread of these dangerous weapons and paragraph that sat up there for a half- ring material which would have the ef- technologies. In fact, export controls in hour or so, paragraph 2 in the chart, fect these Senators are worried about, these areas have been made tougher and read, ‘‘The state party shall—’’ and because if it had the effect they were these controls, as well as the treaties them- then it goes on, and then the subpara- worrying about, then it would be as- selves, have gained the support of more and graphs (b) and (c) were shown. But they sisting, encouraging, inducing or in more countries over the years. In the early left out the remaining part of that. The some way engaging in activity prohib- 1960s, President Kennedy predicted that there would be 15–20 nuclear weapon states words that were missing are very key. ited by the treaty. Chemical weapons They read as follows:. by the 1970s. Due largely to the NPT, that are prohibited by the treaty. number if far lower today. Controls on bio- Subject to the provisions of the convention To reiterate, Mr. President, this is a logical weapons continue to be strengthened, and without prejudice to the principles and killer, pure and simple. This will pre- including in 1992, when the Australia Group applicable rules of international law, the vent the United States from joining decided to add biological pathogens and restate party shall. . .. the Chemical Weapons Convention. lated equipment to their list of controlled That is the part they left out of arti- The condition requires the President items. cle X and XI. What does article X and to certify that he has achieved the im- The CWC, like the NPT and the BWC, will XI refer to? They are referring to arti- result in a strengthened export control re- possible: that he has been able to sub- gime on dangerous chemicals. The CWC al- cle I. stantially rewrite the treaty. lows for maintenance and strengthening of I do not want to be overly technical There is no chance—none—that he the controls already in place, while also for- here. This is not rocket science. What can achieve this by April 29, and it is mally expanding controls over a broad range does article I of the treaty say? It says: highly unlikely that he can ever do of chemicals and precursors. The CWC also Each State party to this convention under- so—because amendments may be prohibits novel agents which are not cur- takes never under any circumstances: blocked by any State party to the con- rently covered. The informal Australia (a) to develop or produce or otherwise ac- vention. If a party wants to keep us Group consists of 30 countries, while the quire, stockpile or retain chemical weapons CWC has been ratified by 72 countries and out—and thus render the treaty inef- the list is growing. Furthermore, the CWC or transfer, directly or indirectly, chemical fective—it can easily do so. weapons to anyone; provides for trade restrictions against states (b) to use chemical weapons; Aside from the practical difficulties who are not party to the treaty. (c) to engage in any military preparation of rewriting a treaty that took nearly Regarding the specific CWC Articles in to use chemical weapons; a decade to negotiate, there is no need question, one area of concern has been (d) to assist, encourage or induce in any to do so. whether Article X of the CWC might force us way anyone to engage in any activity pro- Let me start with article 10. The Sen- to share advanced chemical defense tech- hibited to a state party under this conven- ator from North Carolina wants to get nologies and equipment with rogue nations tion. like Iran and to assist in the development of rid of it completely. CW defensive capabilities. Let me assure you The PRESIDING OFFICER. The time Article 10 contains two paragraphs at that Article X does not require the U.S. or of the Senator has expired. issue. Paragraph three provides that: any other Party to the treaty to share its ad- Mr. BIDEN. I yield myself 2 addi- [E]ach State Party undertakes to facili- vanced chemical weapons defense tech- tional minutes under the bill. tate, and shall have the right to participate nologies and equipment with countries such April 24, 1997 CONGRESSIONAL RECORD — SENATE S3633 as Iran or to assist them in the development ance.’’ This paragraph does not require or chemical and biological weapons-related ma- of such capabilities. obligate a Party to provide emergency bilat- terials. If this certification cannot be made, Although Paragraph 7 of Article 10 obli- eral assistance, but simply states that a the President must consult with the Senate gates States Parties to provide assistance party may choose to provide such emergency for the purpose of obtaining a resolution of through the treaty organization in response assistance. Again, I would underscore that continued adherence to the Convention. to a request by a State Party that has either with the CWC in force, any exchange of CW I hope this information facilitates the Sen- been threatened by the use of chemical weap- defense assistance takes place within the ate’s consideration of the CWC. I look for- ons or has had chemical weapons used framework of the fundamental obligations of ward to continuing to work with you and against it, assistance is broadly defined in the treaty not to assist anyone in acquiring other CWC supporters to ensure a successful the article as including medical antidotes a chemical weapons capability. vote on this vital treaty in the days ahead. and treatments. Article X provides complete A specific concern also has been raised Sincerely, flexibility to States Parties to determine that Paragraph 5 of Article X could be read SAMUEL R. BERGER, what type of assistance they provide and to require the release of advanced and classi- Assistant to the President how they provide it. A State Party’s obliga- fied information about defensive capabilities for National Security Affairs. tion under paragraph 7 of Article X may be and technologies. This is simply not the Mr. BIDEN. Moreover, as with any met in one of three ways—by contributing case. Paragraph 5 requires the international monies to a voluntary fund (managed by the Technical Secretariat which will administer treaty, this paragraph must be read in treaty organization); by concluding an agree- the Convention to establish and maintain light of the object and purpose of the ment with the organization concerning the ‘‘for the use of any requesting State Party, a convention. The purpose of the treaty, procurement, if requested, of specific types data bank containing freely available infor- quite obviously, is to ban chemical of assistance; or by declaring (within 180 mation concerning various means of protec- weapons. days after the CWC’s entry-into-force) the tion against chemical weapons as well as And any nation which provides tech- kind of assistance it might provide in re- such information as may be provided by nology to a country of concern would sponse to an appeal by the organization. States Parties.’’ As stated in the Article-by- find itself in violation of the overriding To meet its obligations under Article X, Article Analysis submitted to the Senate on therefore, the U.S. can choose from a variety November 23, 1993, ‘‘freely available’’ means obligation of Article One of the treaty, of options and forms of assistance. In no case ‘‘from open public sources.’’ Further, the which requires states ‘‘never under any would we be required to share advanced CWC imposes no obligation on States Parties circumstance * * * to assist, encour- chemical defense technology and equipment, to contribute to this database. Hence, the age, or induce, in any way, anyone to or even to provide older model gas masks. provision does not require the release of clas- engage in any activity prohibited to a During our extensive negotiations with Ma- sified or otherwise sensitive information state party under this Convention.’’ jority Leader Lott and the Task Force he es- about U.S. chemical defense capabilities. This is an overriding obligation. It tablished on the CWC, the Administration A second area of concern has been whether has agreed to a binding condition, regarding Article XI of the CWC, which relates to co- governs everything you do under the Article X, on the resolution of ratification operation in the field of chemical activities treaty. that will ensure that no assistance other for purposes not prohibited by the CWC, Ronald Lehman, the head of the than medical antidotes and treatments is might force our industry to share dual-use Arms Control and Disarmament Agen- provided by the United States to any coun- technologies and manufacturing secrets with cy during the Reagan Administration, try of concern. other nations. This is not what the treaty stated during a recent Foreign Rela- A particular concern has also been raised says. Let me assure you that Article XI does tions Committee hearing that: about Paragraph 3 of Article X. This para- not require private businesses to release We made it very clear throughout the ne- graph states that ‘‘Each Party undertakes to such proprietary or otherwise confidential gotiations that all of this was subject to facilitate, and shall have the right to partici- business information, nor does it require the [A]rticle I, which is the fundamental obliga- pate in, the fullest possible exchange of U.S. Government to force private businesses tion [under the Convention] not to assist. So equipment, material and scientific and tech- to undertake such actions. we reiterated that again and again and nological information concerning means of Article XI is explicitly subject to the fun- again. But the most important, I think, tell- protection against chemical weapons.’’ The damental ban in Article I on assisting any- ing factoid in support of the U.S. interpreta- inclusion of the words ‘‘facilitate’’ and ‘‘pos- one in acquiring a chemical weapons capabil- tion is the fact that after the Convention sible’’ underscores that no specific exchange ity. Here again, far from undercutting export was done so many of the usual list of sus- is required and that any exchange which controls, the CWC will be a basis for stronger pects were so unhappy that they did not get does occur is limited to that which we deter- controls, enforced by more countries. I want what they wanted in these provisions. mine would be appropriate and permitted to make clear that the export controls that under the Convention and consistent with we and other Australia Group members have On this point, I would also like to our national export controls on these heavily undertaken, as well as our own national ex- refer to a letter submitted to me by a regulated items. Paragraph 3 of Article X port controls, are fully consistent with the group of eminent legal scholars, in- does not override any other rights and obli- CWC and will further its implementation. cluding Abe Chayes of Harvard Law gations under international law, such as the This is not just a U.S. Government position. School, former State Department legal right to have export controls. In recent weeks, we have instructed our em- adviser, and Elliot Richardson, former The concerns about Article X also include bassies to confirm with our Australia Group whether other less scrupulous countries partners that they agree that the Group’s ex- Secretary of Defense and former Attor- might seek to use this article as an excuse to port control and nonproliferation measures ney General. profiteer by giving away defense secrets. are fully compatible with the CWC. Our part- They write that the language in This concern misses the main point, which is ners have confirmed this and have also con- paragraph three which discusses that that any such unscrupulous exchanges can firmed that they are committed to maintain- each State Party has the right to ‘‘par- take place now without the CWC. With the ing such export control and nonproliferation ticipate in exchanges of equipment’’ is CWC, the countries undertaking any ex- measures in the future. axiomatic—that is, it ‘‘merely reaf- changes in Article X are legally bound by the In order to address the concerns raised fundamental obligation of the treaty in Arti- about Article XI, the Administration has firms current trade policies that allow cle I, which obligates Parties never to ‘‘. . . agreed to a binding condition in our negotia- nations to exchange goods and services. assist, encourage, or induce, in any way, tions with the Majority Leader’s Task Force Each State Party retains the right to anyone to engage in any activity prohibited that would have the President certify prior participate in this trade at the level of to a State Party under this Convention.’’ to the deposit of our instrument of ratifica- its own choosing, including not to The Chemical Weapons Convention will tion that nothing in the Convention obli- trade at all. There is no affirmative mean not only that all relevant trade is sub- gates us to accept any weakening of our ex- duty to trade * * *.’’ ject to closer scrutiny, especially with coun- port controls, that we maintain the right to I ask unanimous consent to have the tries whose compliance may be in doubt, but impose export controls unilaterally or col- letter printed in the RECORD at this it will also provide the legal basis as well as lectively on chemicals and chemical produc- the verification and compliance measures to tion technology, and that each member of point. redress those compliance concerns. the Australia Group agrees that its export There being no objection, the letter In this regard, concern has been raised spe- controls and nonproliferation measures are was ordered to be printed in the cifically that Paragraph 6 of Article X could consistent with the CWC and is committed RECORD, as follows: provide the basis for other Parties to argue to maintaining such controls in the future. APRIL 23, 1997. that they must share defensive technologies. Furthermore, as prescribed in the condi- Hon. JOSEPH R. BIDEN, JR., Paragraph 6 states that ‘‘Nothing in this tion, the President must certify on an an- U.S. Senate, Convention shall be interpreted as impeding nual basis that the Australia Group contin- Washington, DC. the right of States Parties to request and ues to maintain equivalent or more effective DEAR SENATOR BIDEN: You have asked us to provide assistance bilaterally . . . concern- controls over exports and that it remains a state whether Articles X and XI of the Chem- ing the emergency procurement of assist- viable mechanism for limiting the spread of ical Weapons Convention (CWC) require S3634 CONGRESSIONAL RECORD — SENATE April 24, 1997 States Parties to ‘‘undertake to share every- claim that the United States has breached Former Bush Adminis- thing that is hard to achieve in a chemical its obligations. tration arms control weapons capability’’ thereby enabling States Article XI is titled ‘‘Economic and Techno- negotiator. Parties to develop a ‘‘militarily effective logical Development’’ and seeks to balance JOHN B. RHINELANDER, chemical weapons capability.’’ free trade in chemicals, equipment and tech- Former deputy legal Before analyzing Articles X and XI, we nology with the prevention of proliferation advisor and arms note that the CWC primarily obligates all of chemical weapons. It is modeled on Arti- control negotiator, States Parties, as set forth in Article I, cle X of the Biological Weapons Convention Nixon Administra- ‘‘never under any circumstances’’ to ‘‘assist, and is analogous to Article IV of the Nuclear tion. encourage or induce, in any way, anyone to Nonproliferation Treaty (NPT) dealing with GEORGE BUNN, engage in any activity’’ prohibited under the peaceful uses of nuclear energy. Subpara- Center for Inter- CWC. This includes the obligations not to de- graphs (b), (c), (d), and (e) of paragraph 2 ad- national Security velop, produce, stockpile, acquire or retain dress the right of each State Party to par- and Arms Control, chemical weapons, and not to engage in any ticipate ‘‘in the fullest possible exchange’’ of Stanford University. military preparations to use chemical weap- information; generally prohibits restrictions BARRY KELLMAN, ons. As it is axiomatic that all treaty provi- on trade; and prohibits using the Convention DePaul University sions must be interpreted in view of the pur- as grounds for measures not provided under Law School. poses and objects of that treaty and that a the CWC. Only paragraph (2)(e) contains an DAVID KOPLOW, subsidiary obligation should never be read affirmative obligation: each State Party Georgetown University out of context to authorize behavior that must review its existing national regulations Law School. would contravene a primary obligation, to make them consistent with the CWC. The nothing in Article X or XI may undermine remainder of its provisions clarify that the Mr. BIDEN. More to the point, even Article I by assisting a country in developing CWC should not restrict commercial and re- if we were obligated—which we’re not, a chemical weapons capability. search activity that would be otherwise per- we maintain export controls on chemi- Article X is titled ‘‘Assistance and Protec- missible. Moreover, these provisions are ex- cal defense equipment. In other words, tion Against Chemical Weapons.’’ Paragraph plicitly balanced against general provisions, we do not allow it to be sold to the (7) is the only provision in Article X which including: (1) ‘‘without prejudice to the prin- rogue states. contains a specific obligation: each State ciples and applicable rules of international Party must elect to take one or more of law,’’ (2) ‘‘for purposes not prohibited under The only specific obligation con- three specified measures of assistance. Under this Convention’’, (3) ‘‘other peaceful pur- tained in Article Ten is in paragraph Agreed Condition 15 to the Resolution of poses’’, and (4) to ‘‘render them consistent seven, which is where you provide as- Ratification of Advice and Consent, the with the objects and purpose of the Conven- sistance to nations facing attack by United States, to meet its commitments, tion’’. chemical weapons. Article XI, when read in its entirety and will only provide medical antidotes and This provision also has much flexibil- treatment to states not eligible for assist- together with Article I, undoubtedly permits ance under the Foreign Assistance Act of the United States to continue national secu- ity—it allows a nation to choose one of 1961. Nothing in paragraph (7) can remotely rity controls over exports of chemical weap- three methods for providing assistance. be construed as requiring the United States ons material, equipment and dual use items. But to ensure that this paragraph to provide equipment or assistance that We believe that Agreed Condition 7 to the does not become a loophole, we have would enhance a rogue state’s offensive or Resolution of Ratification of Advice and added a binding condition, condition defensive chemical weapons capability; Consent the continuing vitality of the Aus- number fifteen, which limits the type again, a proper reading of the treaty as a tralia Group and national export controls is consistent with Article X and XI, and the of assistance we will provide—at least whole would prohibit the provision of assist- when it comes to countries ineligible ance that would encourage such a result. CWC as a whole. Accordingly, we believe Paragraph 2 clarifies that the CWC does that Agreed Condition 7 should alleviate con- for economic or military assistance, not restrict a State Party from researching cerns raised by critics of the CWC concerning which includes the rogue states—to chemical weapon protection capabilities for United States obligations under Articles X medical antidotes and treatment. purposes not prohibited. Paragraph 6 clari- or XI. Furthermore, we would note that the Let me now turn to Article Eleven. fies that the CWC does not impede parties United States has never been prevented (or The proponents of this condition con- from providing assistance or entering into seriously challenged) from legally pursuing tend that this article requires us to bilateral agreements concerning the emer- unilateral and multilateral export controls gency procurement of assistance. Neither of on nuclear technology that it deems nec- weaken our export controls under the these paragraphs compels any conduct what- essary on national security grounds, despite CWC. soever but merely enables States Parties to objections from certain states citing Article There is nothing in the CWC that re- pursue these activities without fear of being IV of the NPT. We do not believe that the quires us to weaken our export con- in breach. CWC requires any different course. trols. But just to ensure that there Article X, paragraph 3, asserts that: ‘‘Each Throughout the Chemical Weapons Con- isn’t any doubt, we have agreed to a vention is a manifest effort to balance the State Party undertakes to facilitate, and binding condition that addresses the shall have the right to participate in, the elimination of chemical weapons with the le- fullest possible exchange of equipment, ma- gitimate security requirements of States as problem. terial and scientific and technological infor- well as their legitimate need to use, develop Condition seven requires the Presi- mation concerning means of protection and trade chemicals for commercial pur- dent to certify that nothing in the Con- against chemical weapons. In our view, noth- poses. The critical characterization of the vention requires us to weaken our ex- ing in paragraph (3) requires the United CWC quoted in the first paragraph of this port controls, and that the Australia States to provide any particular matter or letter focuses on selected provisions of the Group—an informal group of potential information. Accordingly, this paragraph CWC reflecting only one side of this bal- supplier states to which the United ancing effort, misreads those provisions to would require the United States to withhold, States belongs—will continue to main- either unilaterally or as part of a multilat- render them obligatory instead of voluntary eral group, materials or information that or conditional, and ignores the language of tain controls over chemical weapons could enhance the chemical weapons capabil- the treaty as well as principles of inter- precursors that are equal to, or exceed, ity of any particular state. national law. We disagree. We do not believe those in effect today. That each State Party has the right to par- Articles X and XI require the United States the Australia Group has already indi- ticipate in exchanges of equipment, etc. re- to take any steps contrary to its security in- cated, as a group, that it would main- garding chemical weapons protection merely terests. Accordingly, we do believe that Dis- tain its export controls. On October 17, reaffirms current trade policies that allow agreed Condition 32, which would require an nations to exchange goods and services. Each amendment to strike Article X and amend 1996—a little more recently than the State Party retains the right to participate Article XI, is legally unnecessary to preserve statement read by the Senator from in this trade to the level of its own choosing, U.S. security interests if the United States Arizona—the Australia Group stated including not to trade at all. There is no af- ratifies the CWC. that the ‘‘maintenance of effective ex- firmative duty to trade, but only a reaffir- Respectfully, port controls will remain an essential mation that States Parties wishing to trade ABE CHAYES, practical means of fulfilling obliga- may do so without fear of contravening the Harvard Law School. tions under the CWC.’’ CWC. Under recognized principles of treaty ELLIOT L. RICHARDSON, But just to be sure, I asked the ad- interpretation, the use of the intentionally Former Secretary of vague and weak verb ‘‘undertakes to facili- Defense and Attor- ministration to ask each country—in- tate’’ conveys no specific affirmative obliga- ney General, Nixon dividually—whether it intended to tion nor would the refusal to trade in sen- Administration. maintain existing levels of controls. sitive items support even the most tenuous MICHAEL MOODIE, The answers have come back—all in April 24, 1997 CONGRESSIONAL RECORD — SENATE S3635 the affirmative—as the president stat- states parties to the convention. That trols in a streamlined and effective manner ed today in his letter to the majority is why it says we will undertake to fa- which allows trade and the exchange of tech- leader. cilitate, and the other states parties nology for peaceful purposes to flourish. Finally, the President committed have the right to the fullest possible They agreed to continue working to focus these national measures efficiently and sole- today, in the event that either Article trade in these chemical weapons. This ly on preventing any contribution to chemi- Ten or Article Eleven to legitimate is not just my view. I read to you what cal and biological weapons programs. Par- trade in a manner that endangers our Secretary Cheney said before, James ticipants noted that the value of these meas- security, the President will consult Schlesinger, former Secretary of De- ures in inhibiting CBW proliferation bene- promptly with Congress on whether we fense and head of the CIA. It is plain fited not only the countries participating in should withdraw from the Convention. that article X legitimizes such trans- the Australia Group, but the whole inter- This is an extraordinary commit- fers. national community. ment. So I hope it resolves everyone’s The PRESIDING OFFICER. The Sen- Participants also agreed to continue a wide range of contacts, including a further pro- concern. ator from Delaware has 33 seconds. gram of briefings for countries not partici- Mr. President, I reserve the remain- Mr. BIDEN. Mr. President, I ask pating in the Paris consultations to further der of the time on the bill. I think I unanimous consent to have printed in awareness and understanding of national have used up all the time on the the RECORD a letter dated October 17, policies in this area. Participants endorsed amendment. 1996—speaking of superseding—which in this context the importance of regional The PRESIDING OFFICER. There is supersedes the statement referred to by seminars as valuable means of widening con- 1 minute remaining on the amendment. my colleague about the Australia tacts with other countries on these issues. In Mr. BIDEN. Oh, there is 1 minute re- Group. It says: particular, Romania’s plans to host a semi- maining on the amendment? Mr. Presi- nar on CBW export controls for Central and In this context, the maintenance of effec- Eastern European countries and the Com- dent, in that case I have another 10 tive export controls will remain an essential monwealth of Independent States in Bucha- minutes. practical means of fulfilling obligations rest on Oct. 21–22 and Japan’s plans to host No, if the majority is ready to yield under the CWC and the BTWC. a fourth Asian Export Control Seminar in back their time, I will yield back my Translated into ordinary English, it Tokyo in early 1997 were warmly welcomed minute. means that we adhere to the commit- by participants. Argentina will also host a The PRESIDING OFFICER. The Sen- ment we made in the Australia Group regional seminar on non-proliferation mat- ator from North Carolina. with export controls. We believe it is ters, in Buenous Aires, in the first week of Mr. HELMS. A bum deal, just like consistent with the CWC and required December 1996. France will organize a semi- this treaty. nar for French-speaking countries on the im- by the CWC. plementation of the CWC. This will take Mr. BIDEN. I reserve the remainder There being no objection, the letter place shortly before entry into force of the of my time. was ordered to be printed in the Convention. The PRESIDING OFFICER. The Sen- RECORD, as follows: The meeting also discussed relevant as- ator from Arizona. AUSTRALIA GROUP MEETING pects of terrorist interest in CBW and agreed Mr. KYL. Mr. President, I always Australia Group participants held informal that this serious issue requires continuing enjoy holding court with my friend consultations in Paris between Oct. 14–17, to attention. Participants agreed to hold further con- from Delaware. We have had some of discuss the continuing problem of chemical sultations in October 1997. these debates in the past, and this is and biological weapons (CBW) proliferation. the thing that lawyers like to argue Participants at these talks were Argentina, AUSTRALIA GROUP COUNTRIES WELCOME PRO- about, but I believe that most lawyers Australia, Austria, Belgium, Canada, the SPECTIVE ENTRY INTO FORCE OF THE CHEMI- will agree with me that what they Czech Republic, Denmark, the European CAL WEAPONS CONVENTION learned in law school was that the spe- Commission, Finland, France, Germany, The countries participating in the Aus- Greece, Hungary, Iceland, Ireland, Italy, tralia Group warmly welcomed the expected cific provisions of the contract always Japan, Luxembourg, Netherlands, New Zea- entry into force of the Chemical Weapons prevail over a general statement at the land, Norway, Poland, Portugal, Romania, Convention (CWC) during a meeting of the beginning of the contract. There are a Slovak Republic, Spain, Sweden, Switzer- Group in Paris in October 1996. They noted lot of rules of instruction. Later provi- land, United Kingdom and the United States, that the long awaited commencement of the sions generally govern over previous with the Republic of Korea taking part for CWC regime, including the establishment of provisions on the theory that you later the first time. the Organization for the Prohibition of describe your intent, fully cognizant of Paticipants maintain a strong belief that Chemical Weapons, will be an historic water- what existed before. The same thing is full adherence to the Chemical Weapons Con- shed in global efforts to abolish chemical vention (CWC) and to the Biological and weapons for all time. They also noted that true with specific provisions of the con- Toxin Weapons Convention (BTWC) will be all states adhering to the CWC are obliged to tract, and that is why article I is the best way to eliminate these types of par- ensure their national activities support the called, not ‘‘CWC article I,’’ but rather ticularly inhumane weapons from the goal of a world free of chemical weapons. ‘‘general article.’’ ‘‘Article I, General world’s arsenals. In this context, the mainte- All of the participating countries reiter- Obligations.’’ nance of effective export controls will re- ated their previous statement underlining Then article II is definitions, and main an essential practical means of fulfill- their intention to be among the original after that are the specifics. This is the ing obligations under the CWC and the States Parties to the CWC. They noted that reason why the Australia Group itself BTWC. 24 of the 30 countries participating in the All participants at the meeting welcomed Australia Group have already ratified the issued a statement right after this con- the expected entry into force of the CWC*, Convention. Representatives also recalled vention was entered into undertaking noting that this long-awaited step will be an their previous expressions of support for the to review, in light of the implementa- important, historic moment in international CWC, and reaffirmed these commitments. tion of the convention, the measures efforts to prohibit chemical weapons. Par- They restated their view that the effective that they take to ‘‘prevent the spread ticipants agreed to issue a separate state- operation and implementation of the CWC of chemical substances and equipment ment on this matter, which is attached. offers the best means available to the inter- for purposes contrary to the objectives Participants also welcomed the progress of national community to rid the world of these of the convention with the aim of re- efforts to strengthen the BTWC in the nego- weapons for all time. They called on all sig- tiations taking place in the Ad Hoc Group of natories to ratify the CWC as soon as pos- moving such measures for the benefit BTWC States Parties in Geneva. All Aus- sible, and on the small number of countries of states parties to the convention act- tralia Group participating countries are also which have not signed the Treaty to join the ing in full compliance with the obliga- States Parties to this Treaty, and strongly regime and thereby contribute to inter- tions under the convention.’’ support efforts to develop internationally- national efforts to ban these weapons. Australia Group members would not agreed procedures for strengthening inter- Representatives at the Australia Group have had to do this under the interpre- national confidence in the treaty regime by meeting recalled that all of the participating tation of the convention by my friend verifying compliance with BTWC obliga- countries are taking steps at the national from Delaware. Rather, they began to tions. level to ensure that relevant national regula- Experts from participating countries dis- tions promote the object and purpose of the do this because they read articles X cussed national export licensing systems CWC and are fully consistent with the Con- and XI the same as the many experts aimed at preventing inadvertent assistance vention’s provisions when the CWC enters do that I cited earlier as limiting our to the production of CBW. They confirmed into force for each of these countries. They ability to impose trade restrictions on that participants administered export con- noted that the practical experience each S3636 CONGRESSIONAL RECORD — SENATE April 24, 1997 country had obtained in operating export li- for a large number of the American In addition, since the treaty has been censing systems intended to prevent assist- people, both Republicans and Demo- before the Senate for nearly 3 years, ance to chemical weapons programs have crats in coming to the conclusion he Members have had ample opportunity been especially valuable in each country’s did about this treaty. I rise to com- to request the information needed to preparations for implementation of key obli- reach their judgment, and more than gations under the CWC. They noted in this mend him and to support him in the context, that these national systems are decision that he made. sufficient time to carry out a thorough aimed solely at avoiding assistance for ac- I also wish to commend the distin- examination of the treaty’s impact on tivities which are prohibited under the Con- guished ranking member of the Foreign our national security. vention, while ensuring they do not restrict Relations Committee, the Senator During that 3-year period, nearly 20 or impede trade and other exchanges facili- from Delaware, for his leadership on hearings have been conducted in sev- tated by the CWC. our side of the aisle. No one could have eral different Senate committees, in- Mr. BIDEN. We are ready to vote, Mr. managed this bill better. And we could cluding Armed Services, Foreign Rela- President. not have come to this point were it not tions, Intelligence, and Judiciary. In The PRESIDING OFFICER. All time for the remarkable commitment he has addition, the administration has made has expired. The question is on agree- made in the effort to pass this treaty. available over 1,500 pages of docu- ing to amendment No. 51. The yeas and I thank him for his leadership in bring- mentation on the Chemical Weapons nays have been ordered. The clerk will ing us to this point tonight. Convention and answered over 300 ques- call the roll. Under the terms of article II, section tions from Senators and their staffs. The assistant legislative clerk called 2 of the Constitution, the Senate alone Moreover, as a result of intensive, around-the-clock negotiating sessions the roll. was granted the power to advise and between the administration, Senator The result was announced—yeas 66, consent to treaties made by the Presi- HELMS and Senator BIDEN, the resolu- nays 34, as follows: dent. Our Founding Fathers also de- tion of ratification now contains 28 [Rollcall Vote No. 50 Ex.] cided that approval by a simple major- separate conditions on the U.S. Sen- YEAS—66 ity was simply not sufficient for legis- ate’s resolution of ratification. That is Akaka Feingold Lieberman lation of this magnitude. Instead, they 28 individual clarifications by the Sen- Baucus Feinstein Lugar established the requirement that two- ate about the terms and conditions Biden Ford McCain thirds of the Senate must support a Bingaman Frist Mikulski under which the U.S. would enter into Boxer Glenn Moseley-Braun treaty for it to take effect. the Chemical Weapons Convention. Breaux Gorton Moynihan This is as it should be. There is no These conditions were the product of Bryan Graham Murray more important or unique power as- over 100 hours of discussion. And I am Bumpers Hagel Reed signed to the Senate by the Constitu- Byrd Harkin Reid told that the vast majority of the con- Chafee Hatch Robb tion than the authority to provide additions address problems first raised by Cleland Hollings Roberts vice and consent on treaties. With this Republicans. I think it is safe to say Coats Inouye Rockefeller authority, however, comes obligations. that these list of conditions address Cochran Jeffords Roth Senators must examine a treaty not Collins Johnson Sarbanes virtually every legitimate concern that Conrad Kennedy Smith (OR) through a prism of narrow political has been raised about the potential im- D’Amato Kerrey Snowe pursuits, but rather from the perspec- pact of the CWC on our national secu- Daschle Kerry Specter tive of broad national interests. DeWine Kohl Stevens rity and economy. Dodd Landrieu Torricelli Put simply, the most important Mr. President, we must now evaluate Domenici Lautenberg Warner question we should ask ourselves when what has been revealed during this Dorgan Leahy Wellstone considering the Chemical Weapons process that has spanned three Presi- Durbin Levin Wyden Convention, or any other treaty, is, dential Administrations and includes NAYS—34 does this make sense for the Nation numerous hearings, briefings and Abraham Gramm McConnell and are its citizens more secure? mounds of documents. What have we Allard Grams Murkowski Mr. President, after a thorough re- determined about the merits of the Ashcroft Grassley Nickles view of this treaty, its negotiating his- 1 Bennett Gregg Santorum CWC in the nearly 3 ⁄2 years since Bond Helms Sessions tory, and the 28 conditions added by President Clinton submitted it to us? Brownback Hutchinson Shelby the Senate, I believe the answer to this First, officials from previous Admin- Burns Hutchison Smith (NH) question is a resounding and unquali- istrations who were involved in the Campbell Inhofe Thomas Coverdell Kempthorne Thompson fied yes. CWC negotiations support the treaty. Craig Kyl Thurmond The Chemical Weapons Convention General Brent Scowcroft, the National Enzi Lott bans the development, production, Security Advisor to Presidents Reagan Faircloth Mack stockpiling, and use of toxic chemicals and Bush, has said the following: The amendment (No. 51) was agreed as weapons. A look at the negotiating ‘‘The time has come for the Senate to up- to. history of the CWC reveals that this hold U.S. leadership in combating the pro- Mr. HELMS. I move to reconsider the treaty is truly a bipartisan product. liferation of weapons of mass destruction by vote. Negotiations, as has been mentioned providing its consent to the [Chemical Weap- Mr. BIDEN. I move to lay that mo- now on several occasions throughout ons] Convention. tion on the table. the day, began with President Reagan And President Bush himself, in a The motion to lay on the table was in the early 1980s. February meeting with Secretary of agreed to. While the bulk of the negotiations State Madeleine Albright and former Mr. DASCHLE addressed the Chair. and most of the difficult decisions oc- Secretary of State James Baker, noted: The PRESIDING OFFICER. The mi- curred during the Bush administration, ‘‘I . . . strongly support efforts to get this nority leader. President Clinton finished the work chemical weapons treaty approved. This Mr. DASCHLE. Mr. President, I ask should be beyond partisanship. I think it is started by his two predecessors and vitally important for the United States to be unanimous consent that I be allowed to submitted the treaty to the Senate for out front. . . . We don’t need chemical weap- use the 5 minutes allocated to each consideration in November of 1993. ons, and we ought to get out front and make leader for purposes of closing debate in The Senate’s counsel on crucial is- clear that we are opposed to others having addition to my 15 minutes for the lead- sues was sought and provided repeat- them.’’ er in an effort to make my statement edly throughout the course of the dec- Second, what are the views of Ameri- at this point in the debate. ade-long negotiations. Playing an espe- ca’s chemical manufacturers—the in- The PRESIDING OFFICER. Without cially important role in this regard was dustry that will be most directly af- objection, it is so ordered. the Senate’s Arms Control Observer fected by the provisions of the CWC? Mr. DASCHLE. Mr. President, let me Group, a bipartisan gathering of Sen- The chemical industry is America’s begin by commending the distinguished ators with special interests and exper- largest export industry, posting $60 bil- majority leader for his leadership on tise in arms control matters. Cur- lion in export sales last year alone. Op- this issue and for his eloquent state- rently, Senators STEVENS and BYRD ponents of this treaty claim its ratifi- ment earlier today. I think he spoke lead the group. cation will lead to onerous and costly April 24, 1997 CONGRESSIONAL RECORD — SENATE S3637 restrictions and regulations on this in- Some may argue that General The Senate has heard from President dustry as well as the exposure of con- Shalikashvili is but one general who Reagan’s National Security Advisor, fidential, proprietary information. was appointed by President Clinton. To from President Bush, from the leading The chemical industry has repeatedly those skeptics, let me say three things. figures in the chemical industry, from refuted these claims; yet, it appears First, General Shalikashvili’s record of the current chairman of the JCS, three that CWC’s critics are so blinded by service to this country is unparalleled. of his predecessors and 14 other three- their ideological zeal to kill all arms Second, a comprehensive review of this and four-star generals and admirals, control treaties that they cannot take record will not reveal a single instance and from the intelligence community. no for an answer. One of the industry’s where he failed to offer anything but Each of these groups and individuals best responses was contained in a let- than his objective, untarnished opin- have looked at the CWC from their ter sent late last year to the distin- ion. Third, he is not alone. unique perspectives and interests and guished Majority leader, Senator LOTT. An April 3 letter to the President each has reached the same conclusion: This letter is an important one, so I states the following: the Senate should support this treaty will quote it at length: The CWC destroys stockpiles that could and should do so promptly. ‘‘The chemical industry has long supported threaten our troops; it significantly im- Mr. President, I would submit since the Chemical Weapons Convention. Our in- proves our intelligence capabilities; and it the Senate received the CWC treaty for dustry participated in negotiating the agree- creates new international sanctions to pun- its advice and consent, one other group ish those states who remain outside of the ment and in U.S. and international imple- has spoken all too loudly to us: those mentation efforts. The treaty contains sub- treaty. For these reasons, we strongly support the CWC. who commit terrorist acts. In the 31⁄2 stantial protections for confidential business years this treaty has been before the information. We know because industry Mr. President, that letter was sent on helped to draft these provisions . . . In short, behalf of 16 three- and four-star gen- Senate, terrorist incidents have oc- our industry has thoroughly examined and erals and admirals, including Colin curred with a sickening and disturbing tested this Convention. We have concluded Powell, John Vessey, and Norman regularity: the sarin gas attack in the that the benefits of the CWC far outweigh Schwartzkopf. This letter, in addition Tokyo subway; the bombing of the the costs. . . . Indeed, the real price would to an endorsement by David Jones, Murrah Federal Building in Oklahoma come from not ratifying the CWC. . . . If the City; the attack on Khobar Towers in Senate does not vote in favor of the CWC, we means that every occupant in the last 20 years of the position of chairman of Dharan, Saudi Arabia; the suspected stand to lose hundreds of millions of dollars bombing of TWA flight 800; the bomb- in overseas sales, putting at risk thousands the Joint Chiefs of Staff, this Nation’s of good-paying American jobs.’’ highest military office, has come out in ing in Olympic Park in Atlanta. Each incident has painfully dramatized the So says the chemical industry in a support of the CWC. fact that we live in an age where, un- letter signed by the CEOs of 53 of The final group the Senate has heard fortunately, no one is inoculated America’s preeminent chemical manu- from in its efforts to weigh the pros against the threat of terrorism. No facturers. Signees include the ARCO and cons of the Chemical Weapons Con- community stands outside the reach of Chemical Company, the Ashland Chem- vention is the intelligence community. determined terrorists. As President ical Company, the Bayer Corporation, The task of verifying this treaty, like Clinton noted in a recent address, the B.F. Goodrich Company, the Dow other arms control treaties, ultimately ‘‘Terrorism has become an equal oppor- Chemical Company, the Eastman falls on the shoulders of the Central In- tunity destroyer, with no respect for Chemical Company, the E.I. Dupont telligence and the other organizations within the intelligence community. borders.’’ Company, the Exon Chemical Company This treaty is an opportunity to send and the Monsanto Company. I should Despite the most comprehensive, intrusive verification regime in the history a small message to those who threaten also note that these companies issued our families, our communities and our this statement before we agreed upon of arms control, critics of CWC argue that it is unverifiable; if they had their way of life with their unprovoked acts the 28 conditions I discussed earlier, way, the Senate would reject the CWC of violence. several of which would further reduce because the intelligence community The United States Senate has heard the possibility that proprietary infor- will be unable to detect any violations what terrorists have to say. Today, mation from American businesses of the treaty itself. But in this case, with our votes on this treaty, we deter- would fall into the hands of our adver- the perfect is the enemy of the good. mine how the United States Senate saries. While the intelligence community will respond to these acts. I hope we Well, Mr. President, what about the has rightly acknowledged that it can- will send the message that we are military? After all, it is our men and not detect any production of chemical going to do all we can to ensure that women in uniform who must face, as agents—anywhere or at anytime—it these deadly chemicals will never be they did in Desert Storm, the threat of has also said that it can effectively the means terrorists employ to ad- an attack from lethal chemical weap- verify the provisions of this treaty. vance their cause. It is time we said to ons. Make no mistake. We are talking Moreover, the critics’ argument ig- the terrorists, on the issue of chemical about invisible and instantaneous kill- nores the fact that, with or without the weapons, enough is enough. ers. What about our people in the Pen- Chemical Weapons Convention, our in- Now the argument will be made that tagon who have to make the decisions telligence community will still seek to this treaty will not halt terrorism, will that may ultimately lead to the expo- collect information on efforts by for- not shut down the private laboratories sure of our troops to that insidious eign nations to develop and produce of insane extremists and will not halt threat? General Shalikashvili, the chemical weapons. The more important the efforts of various rogue nations. Chairman of the Joint Chiefs of Staff, question is whether our intelligence To a certain degree, that is probably testified before the Senate Foreign Re- and nonproliferation efforts are helped true. But what this treaty will do is lations Committee: or hindered by the adoption of the trea- begin the orchestration of a concert of ‘‘The potential benefits of the Chemical ty. nations—an orchestration of civilized Weapons Convention will have a positive im- According to James Woolsey, then di- voices that speaks out forcefully pact on the lives of our service people and rector of the Central Intelligence against an unambiguous evil. how the U.S. military fulfills its responsibil- Agency, and since confirmed by George Tonight America has the opportunity ity to national security.’’ Tenet, acting director of the CIA: to make the moral stand. We are de- In another appearance before the The Intelligence community has the broad- stroying our own chemical stockpiles. Foreign Relations Committee, General er mission—with or without the treaty—of We began that cleansing process under Shalikashvili noted: detecting the existence and assessing the President Reagan and it continues ‘‘From a military perspective, the Chemi- threat from chemical weapons programs of today. Why should we oppose a treaty cal Weapons Convention is clearly in our na- any country. This mission must be carried that demands the world to live up to a tional interest. The non-proliferation aspects out regardless of whether we have the addi- of the convention will retard the spread of tional requirement to assess such activities moral standard that we have already chemical weapons and, in so doing, reduce against the provisions of the treaty. And it is willingly accepted ourselves? Why de- the probability that U.S. forces may encoun- to this broader mission that the CWC can prive ourselves of the right to call upon ter chemical weapons in a regional conflict.’’ make a significant contribution. our neighbors to live up to the example S3638 CONGRESSIONAL RECORD — SENATE April 24, 1997 that we in the United States are will- cant vote any of us cast in this Con- mean the substance of what we are ing to act? gress. talking about. But I honestly believe In summary, Mr. President, this is a Twice today I have been referred to this is one of the most important necessary treaty. It has been endorsed as the senior Senator from Delaware. I votes, in terms of the future of this by a bipartisan group of Senators who want the record to show, I know I am country and its ability to lead at a mo- are experts on this issue, by advisors to the junior Senator. I am the second ment in history that seldom comes to Presidents Reagan and Bush, and most senior junior Senator in the Unit- any nation, that may be the most im- President Clinton, by the U.S. mili- ed States. I have been here 25 years, portant vote that any of us will cast. If tary, by our chemical industry and by but that young man in the back there we embark on this path of continuing our intelligence community. is the most senior junior Senator, the to engage the world and lead the world, To all of this I would add two final distinguished Senator from South we maintain the reasonable prospect points. First, over 80 percent of the Carolina, Senator HOLLINGS, because that we can make the world—the American people have indicated their the most senior Senator of senior Sen- world—a better place in which to live. support for ridding the world of toxic ators is his colleague, Senator THUR- I yield the remainder of my time, and agents by ratifying the CWC. Second, MOND. I yield the floor. over 70 countries have already ratified Mr. President, I am not sure that The PRESIDING OFFICER. The this treaty and thereby forsworn the there is any vote that I have cast in Chair recognizes the Senator from use of chemical weapons. Mr. Presi- the last 4 or 5 years that I think is as North Carolina. dent, this treaty is going to happen significant for the future of the United Mr. HELMS. I am profoundly dis- with or without us. I urge the Members States as this treaty. And as I said, and appointed in the five votes of the Sen- of this body to set aside partisan dif- I will conclude with this, not merely ate on the important, vital amend- ferences, demonstrate leadership to our because of what the treaty attempts to ments. After all the debate, all the gal- friends and enemies alike, join with do—and that is, for the first time in lons of newspaper ink spilled, all of the those who have already ratified this the history of modern man, ban even negotiations—ultimately, I had hoped treaty and take the first step toward the possession of an entire category of for better. But so be it. eliminating these evil weapons. Mr. weaponry—but that is not the reason There isn’t a person in this room, President, I ask that the Senate ratify why this is the most important vote. rhetoric aside, who can believe that the this treaty. We are at a juncture in our history, amendments that we have just consid- The PRESIDING OFFICER. Who Mr. President, in my opinion, where ered are ‘‘killer amendments.’’ The na- yields time? the United States has an opportunity, ture of international relations, and of Mr. BIDEN. How much time remains? which rarely comes to any nation in its treaties is that what is negotiated can The PRESIDING OFFICER. The Sen- history—it has come to us, in my opin- be renegotiated, and if necessary, nego- ator from North Carolina has 21 min- ion, on two occasions—where our ac- tiated anew. If our aim is a better fu- utes, the Senator from Delaware has 7 tions and our leadership can literally, ture, what are a hundred more meet- minutes, the Senator from Vermont not figuratively—and it is not hyper- ings in Geneva, or Vienna or the has 81⁄2 minutes, and the majority lead- bole—can literally shape, at least on Hague? These amendments would have er has 5 minutes. the margins, the future of the world. ensured that this treaty did no harm, Mr. BIDEN. I yield myself such time After World War II, we stepped up to even if it did no good. as I may consume under the 7 minutes. the plate. My father’s generation and Now, we must vote on a treaty that, I do not plan on using it all. my grandfather’s generation and stripped of these key protections, four Mr. President, it has been a long road grandmother’s and my mother’s gen- former Defense Secretaries have told to this spot, this point. We have had eration stepped up to the plate. They us is contrary to the national security not only extensive debate in the last 2 did things, when we look back on them, interests of the United States. days, we have had an extensive debate that must have taken incredible cour- The truth is that I cannot abide the on this floor, in committees, in the age. Can you imagine having over 10 pretense of action on a matter as press, among foreign policy experts, million men still under arms and weighty as the proliferation of weapons think-tank types, for the past 3 years. standing up as a Senator, or as a Presi- of mass destruction. If we ratify this We reached the point where we are con- dent, or as a Secretary of State, and treaty today, the Senate, with the stitutionally required to fulfill a duty saying, by the way, I want us now to President, will announce to the world of either giving our consent to ratifica- send billions of dollars to those people that we have done something about the tion or withholding it. As both leaders who killed our sons and daughters? scourge of chemical weapons. We will have pointed out, it is maybe the most That was the Marshall Plan. Can you pat ourselves on the back and go home. significant responsibility delegated to imagine the foresight it took and how But, Mr. President, we will have done the U.S. Senate difficult it must have been to cast a nothing. And, worse than nothing, we I realize that we sometimes stand on vote to set up an outfit called NATO, of will have done harm. In the name of this floor, particularly when any one of which Germany, our sworn enemy that curbing the proliferation of these us and all of us have invested a signifi- killed our sons and daughters, were chemicals, we will allow rogue states cant amount of time in one issue or an- members? Those people had courage. to gain access to our most precious de- other where we feel that we have spent But they did what the Senator from In- fense secrets. We will guarantee that most of our waking hours for the past diana, Senator LUGAR, said: They led. rogue nations of the World—both those month, two, or three—everyone has ex- This is about leadership. This is who have signed this treaty and those perienced that on this floor—and we about the role of the United States in who have not—have the ability to man- tend to think that since we put so leading the world. If we refrain from ufacture chemical weapons and pene- much time into the passage of a piece exercising that opportunity—and we trate our Nation’s most advanced of legislation, or in this case, a treaty, will if we do not vote for this treaty— chemical defenses. that maybe it is the most important we will have passed up an opportunity Article X and XI—‘‘Poisons for thing that the Senate has done or that, as I said, rarely comes to any na- Peace’’—will foster the proliferation of could do because I guess we say to our- tion in the history of the world. We can those very poisons. Anyone who doubts selves we would not invest that much affect, if we are wise, the behavior, ac- that need only look to how Russia has of our time, our energy, our mind, our tivity and actions for a generation to abused similar provisions in the Nu- soul, into the effort if it was not so im- come, not for what is contained in this clear Non-Proliferation Treaty. The portant. treaty, but because of the leadership N.P.T.’s ‘‘Atoms for Peace’’ provisions Acknowledging that we all err on that was demonstrated in drafting this allows Russia to transfer to Iran, a ter- that side of thinking what we do is treaty, in ratifying this treaty and en- rorist state, a nuclear reactor. Russia sometimes more important than what forcing this treaty. has argued that the sale is perfectly it is, I respectfully suggest that the So, Mr. President, I realize that all of legal, and Russia is right. Iran, despite vote each of us is about to cast on this us—myself included—tend to engage in its nuclear weapons program and its treaty is likely to be the most signifi- hyperbole and rhetoric that doesn’t chemical weapons program, is a nation April 24, 1997 CONGRESSIONAL RECORD — SENATE S3639 in full compliance with the Non-Pro- Mr. President, let us listen to the On page 59, line 15, strike the comma. liferation Treaty. And so it will get one wisdom of the four former Secretaries On page 61, line 11, strike ‘‘on an involun- nuclear reactor from Russia, maybe of Defense, who have urged us to op- tary basis’’. more. And perhaps China will throw in pose this treaty. Let us listen to the On page 61, line 12, insert ‘‘where consent has been withheld,’’ after ‘‘States,’’. a reactor or two as well. And we can do mountain of evidence—classified and On page 8, line 8, insert ‘‘, if accepted,’’ nothing to stop it. unclassified—that has been presented after ‘‘provision’’. The administration says that we will over the past two days as to the dan- On page 25, line 19, insert ‘‘on Intelligence’’ not sell Iran chemical technology or gers posed by this treaty. And most im- after ‘‘tee’’. defensive gear under the similar provi- portant, let us listen to our con- On page 27, line 7, strike ‘‘is’’ and insert sions of the CWC. We are not selling sciences. Let us vote to reject the ‘‘are’’. them nuclear reactors either. Russia is. Chemical Weapons Convention. On page 27, line 22, insert ‘‘on Intelligence’’ after ‘‘Committee’’. And it will not be the United States AMENDMENT NO. 52 which provides Iran the chemical tech- On page 57, line 15, strike ‘‘Ruanda’’ and Mr. HELMS. Mr. President, I send an insert ‘‘Rwanda’’. nology. They will get it from Russia amendment to the desk and ask for its and China under ‘‘Poisons for Peace.’’ The PRESIDING OFFICER. Without immediate consideration. objection, the amendment is agreed to. And Iran will give it to its terrorist al- The PRESIDING OFFICER. The The amendment (No. 52) was agreed lies Syria and Libya, who have not clerk will report. signed up to the treaty. And we will be The assistant legislative clerk read to. powerless to protest—because if we rat- as follows: Mr. KEMPTHORNE. Mr. President, it was President Ronald Reagan who said, ify this treaty, here, today, in this The Senator from North Carolina [Mr. ‘‘Trust but verify.’’ Sound advice I be- body, we will have endorsed those HELMS], for Mr. BIDEN, proposes an amend- transfers. ment numbered 52. lieve we should heed today. Now this morning the President has Mr. HELMS. Mr. President, I ask Reluctantly, I rise in opposition to offered us some sweeteners for the unanimous consent that reading of the the Chemical Weapons Convention. Do hemlock he is asking us to swallow. He amendment be dispensed with. I want to see the elimination of chemi- promises to keep an eye on any prob- The PRESIDING OFFICER. Without cal weapons and deadly poisons? Abso- lems Articles X and XI may cause. I ap- objection, it is so ordered. lutely. Will the proposed treaty actu- preciate his willingness to recognize The amendment is as follows: ally prevent the use of chemical weapons? Not in my opinion. As I’ve lis- the legitimacy of the concerns my col- On page 2, line 18, strike ‘‘payments’’ and leagues and I have expressed. However, insert ‘‘any payment’’. tened carefully to all of the arguments, I can’t help but feel that this last ditch On page 6, line 3, strike ‘‘the head of’’. I have concluded the proposed treaty attempt to buy off opponents to this On page 8, line 2, insert ‘‘or such other or- will not do what it is intended to do, dangerous treaty is nothing more than ganization, as the case may be,’’ after and, in fact, may actually do more empty promises. ‘‘nization’’. harm than good. On page 8, line 10, insert ‘‘or the affiliated Again, trust but verify. I am a veteran of the counter-pro- organization’’ after ‘‘tion’’. liferation wars. Every week, I see more On page 9, line 11, insert ‘‘or the affiliated Like many Americans, I took notice and more classified information about organization’’ after ‘‘Organization’’. when four recent Secretaries of Defense proliferation activities that should re- On page 9, line 17, insert ‘‘or the affiliated came out in opposition to the Chemical quire the President, under existing law, organization’’ after ‘‘Organization’’. Weapons Convention. The opposition of to levy sanctions against Russia, On page 13, line 21, insert ‘‘, and any offi- Secretaries Schlesinger, Cheney, China, or both. We never do, and we cial or employee thereof’’ after ‘‘it’’. Rumsfeld and Weinberger is based, in On page 14, line 5, insert ‘‘, and any official part, on the fact that the treaty is not won’t under the terms of the CWC with or employee thereof’’ after ‘‘functions’’. or without the assurances under Arti- On page 15, lines 6 and 7, strike ‘‘to United verifiable. In other words, we have no cle X and XI. The President doesn’t States ratification’’ and insert ‘‘affecting the way of knowing if our ‘‘partners’’ in want to fight with those 800-pound go- object and purpose’’. this agreement are living up to their rillas. In much the same way as we will On page 18, line 2, insert ‘‘support for’’ end of the deal. Like the four former turn a blind eye while Russia helps after ‘‘resolution of’’. Secretaries of Defense, I am troubled On page 20, line 12, strike ‘‘citizens,’’ and by statements by CIA and Department Iran get a nuclear weapon, we will insert ‘‘citizens and’’. allow others to develop chemical weap- On page 23, line 18, strike ‘‘obligation’’ and of Defense officials that admit they do ons. And there won’t be a darn thing insert ‘‘obligations’’. not have ‘‘high confidence’’ the treaty we’ll be able to do. On page 25, line 19, strike the comma. can be verified, key provisions ‘‘can be Should Articles 10 and 11 of the CWC On page 32, line 13, insert ‘‘of Representa- thwarted’’ and detection of small be renegotiated? Yes. Did the Senate tives’’ after ‘‘House’’. amounts of chemical weapons ‘‘will ad- err by stripping out the protections we On page 32, lines 19 and 20, strike ‘‘Foreign mittedly be extremely difficult.’’ In my Military Sales, Foreign Military Financing,’’ mind, the admission of Clinton Admin- inserted that would have required the and insert ‘‘Foreign Military Sales and For- administration to do so? Yes. And I am eign Military Financing under the Arms Ex- istration officials that the treaty is not deeply disappointed that I was unable port Control Act’’. verifiable raises serious questions to convince my colleagues of the dan- On page 34, line 1, strike ‘‘Committee’’ and about the value of the agreement. ger to the people of the United States insert ‘‘Committees’’. The Chemical Weapons Treaty also and our allies. We have made a terrible, On page 34, line 3, insert ‘‘the’’ after ‘‘and’’. contains provisions, Articles X and XI, potentially cataclysmic, mistake today On page 37, line 11, insert a comma imme- which mandate the sharing of all chem- diately after ‘‘games’’. in ignoring the desperate need to revise On page 40, line 9, strike ‘‘of’’ and insert ical equipment and technology, includ- the terms of this treaty. ‘‘for’’. ing chemical weapons defensive tech- Without revision of Articles 10 and On page 41, line 16, insert ‘‘of the Conven- nology, with other countries. These 11, this treaty is bad for America, and tion’’ after ‘‘ratification’’. provisions might allow countries like bad for the world. It must be voted On page 47, line 19, insert ‘‘the ratification Iran and Iraq to acquire advanced de- down. For it we ratify this treaty, our of’’ after ‘‘to’’. fensive technologies so they can im- children and our grandchildren will On page 49, line 5, move the margin of ‘‘(i)’’ prove their chemical weapons combat 2 ems to the right. hold us accountable. They will hold us On page 49, line 11, move the margin of capability. This exchange of technical accountable when Iran or Syria or ‘‘(ii)’’ 2 ems to the right. information, mandated by the treaty, Libya or North Korea finally uses a On page 49, line 16, move the margin of may also be used to develop ways to de- chemical weapon—and they will do so— ‘‘(iii)’’ 2 ems to the right. feat our chemical weapons defensive built with technology they acquired On page 52, line 9, insert a comma after technology. Because of these flaws in thanks to Articles 10 and 11 of the ‘‘(D)’’. the treaty, Secretary Cheney wrote ‘‘In On page 53, line 21, strike the comma. CWC. They will look back on this de- On page 55, line 4, insert ‘‘a schedule of’’ my judgement, the treaty’s Articles X bate, look back on where each us of after ‘‘to’’. and XI amount to a formula for greatly stood, and—mark my words—they will On page 57, line 1, strike ‘‘the’’ the first accelerating the proliferation of chemi- hold us accountable. place it appears and insert ‘‘to’’. cal warfare capabilities around the S3640 CONGRESSIONAL RECORD — SENATE April 24, 1997 globe.’’ This mandated sharing of tech- soldiers. I am also very proud of the I am pleased that—more than 3 years nology represents one example of how leadership role of the United States in after the administration sent this trea- the treaty may actually do more harm the fight to stop the spread of chemical ty to the Senate—the CWC is finally than good. weapons. Without a doubt, this leader- before us on the floor of this Chamber. I want to point out that one of the ship role will continue whether or not In these three years, Mr. President, conditions removed from the Resolu- we ratify the CWC. three Senate committees have held nu- tion of Ratification directed the U.S. But we must also be honest with our- merous hearings—nearly 20 of them— to renegotiate Articles X and XI to en- selves. The Chemical Weapons Conven- on the efficacy of this treaty. As a sure the treaty does not inadvertently tion cannot be verified. The treaty will Member of both the Foreign Relations increase the threat of chemical weap- not prevent countries or terrorists and Judiciary Committees, I have been ons. The Clinton Administration from acquiring or using chemical weap- privileged to participate in several of viewed the requirement to renegotiate ons. The treaty may in fact increase these hearings and to hear numerous the treaty as a ‘‘killer amendment’’ proliferation of advanced defensive perspectives during this debate. and encouraged the Senate to strike technologies and the treaty may jeop- More recently, several Senators and this condition. Under pressure from the ardize proprietary information of U.S. Administration officials have spent a President, the Senate voted to remove companies. considerable amount of time negotiat- this condition so renegotiation of these As I weigh these facts, I conclude the ing the terms under which this treaty important articles will not happen. Chemical Weapons Convention will do would come to the floor. And so I think In addition, the President’s letter to more harm than good and I will cast we should all thank the Chairman of Majority Leader LOTT on the day of the my vote against the ratification of this the Foreign Relations Committee [Mr. vote acknowledges that there are le- treaty. HELMS] and the Senator from Delaware gitimate security concerns regarding Mr. DEWINE. Mr. President, I will [Mr. BIDEN], the ranking member of the flaws in Articles X and XI. I’m vote today to ratify the Chemical that committee, for the time they both troubled because the letter is non-bind- Weapons Convention (CWC). I do so have spent on this issue. ing and it will be three years before we without any illusions. I have concluded I would also like to recognize the ef- will discover if Articles X and XI lead that it will be of marginal benefit, but forts of the White House Working to the proliferation of chemical weap- that its benefits do outweigh the risks. Group and the LOTT Task Force to ons technology. The President says the Clearly, no chemical weapons treaty come to a consensus on the aspects of U.S. could then withdraw from the can be 100% verifiable. Inside the CWC, this treaty on which we can agree. I Convention, but by then the damage there is at least a better chance of know that the Members and Adminis- will have been done. catching violators than if we remain tration officials involved in these nego- If I believed this treaty by itself outside the treaty. tiations have spent hours reviewing I commend the Chairman of the For- would stop chemical weapons, I would countless technical details. It is be- eign Relations Committee, Senator support it. During my own delibera- cause of these efforts that the resolu- HELMS, as well as Senator KYL, and tions regarding the CWC, I had a tion of ratification before us today con- others who have worked so hard to im- thoughtful discussion with James tains 28 agreed-upon conditions. These prove this treaty. As a result of their Schlesinger, a former Secretary of De- conditions were carefully crafted by efforts, for example, we retain the fense, Secretary of Energy and Direc- our colleagues to respond to Members’ right for our troops to use tear gas in tor of the Central Intelligence Agency. specific concerns. I am myself com- hostage rescue operations; we require Secretary Schlesinger made the point search warrants in cases where consent fortable with these conditions, which, that although scores of nations ratified is not granted to protect 4th amend- for the most part, duly exercise the the Geneva Protocol which claimed to ment rights; and we restrict U.S. as- Senate’s prerogatives with respect to ‘‘prohibit’’ the use of poison gas, Iraq sistance to rogue nations under Article treaty ratification, and instruct the used mustard gas against Iran and its X to medical antidotes and humani- administration to undertake certain own citizens with impunity. In my tarian assistance. commitments. They also require great- mind, this episode demonstrates one of This is a historic agreement bringing er reporting requirements which will the weaknesses of international trea- together 74 countries that have ratified help the Senate to monitor U.S. parties which sound good on the surface the treaty in a comprehensive, world- ticipation in the Convention in the fu- but lack enforcement procedures in wide fight, to ban chemical weapons. ture. practice. The treaty requires all nations to fol- I am pleased that our colleagues have I am also concerned about the provi- low America’s lead to destroy all chem- come to agreement on these points, be- sions of the Chemical Weapons Conven- ical stockpiles by 2007. The CWC also cause throughout the deliberations tion which will allow international in- provides for sanctions against those over this convention, I have made two spectors access to chemical businesses who trade in chemical agents with non- observations: No. 1 the CWC is not a and other important national security parties to the treaty. These provisions perfect document, and No. 2 notwith- facilities. The idea that North Korea or will help to ensure that on a future standing that, the CWC is the best ave- Iraq can come into the United States battlefield our troops will be less likely nue available today for beginning to and examine our facilities and then to face chemical agents. control the spread of chemical weap- take that information home to help Passage of this treaty should not ons, and leading, eventually, to the their own chemical and defense indus- bring a false sense of security. A treaty total elimination of such weapons. tries is wrong. The treaty makes no ar- alone will not protect our troops and Like any document arrived at rangement to compensate businesses citizens from chemical weapons. We through consensus, the Chemical Weap- for the loss of this sensitive data. This should continue to devote attention ons Convention can not claim to ad- is another reason I believe the Chemi- and resources to improving our chemi- dress every party’s concerns. But, it is cal Weapons Convention will, in fact, cal weapons defenses. We should pro- my view that the 28 agreed-upon condi- do more harm than good. vide our troops with the equipment and tions in the resolution before us today As a member of the Senate Armed training they need in combat situa- serve to strengthen what we do have. Services Committee, I understand the tions. The parties to this treaty must Let me speak first on my initial military threat posed by chemical also take action against violators who point—that the CWC is not a perfect weapons. I continue to support efforts resort to using chemical weapons. As a document. There are real flaws that we to destroy the U.S. chemical weapons member of the Intelligence Committee, all recognize, and that experts both pro stockpile in a safe and environ- I will work to ensure that the goals of and con acknowledge, related to the mentally sensitive manner. I oppose this treaty are not lost in its imple- verifiability of the CWC. There may any use of these horrible weapons and mentation. well be cheating, evasions, and at- I believe the United States should Mr. FEINGOLD. Mr. President, I rise tempts to disobey the spirit, as well as threaten massive retaliation against today in support of the resolution of the letter, of the treaty. Some of this any nation that might consider using ratification of the Chemical Weapons cheating may escape detection—al- these weapons against our citizens or Convention. though not enough, I believe, to pose a April 24, 1997 CONGRESSIONAL RECORD — SENATE S3641 legitimate threat to the security of the States into a very uncomfortable cor- the protections of the fourth amend- United States. ner, a corner from which we would be ment does not end at the corners of Nevertheless, I think we gain more unable to exit. Such conditions would this treaty. I have opposed in this Con- by establishing an international re- force the United States, which led the gress proposals to weaken the fourth gime that prohibits such behavior than negotiations of this treaty, to engage amendment’s protections, for example, we do by refusing to exercise U.S. lead- in a game of chicken with other coun- in the area of wire taps. ership in that regime. tries. It should instead join our allies In fact, I am pleased to see that My second, and more important, in ratifying this treaty. throughout the debate over this treaty, point is this: The CWC is the best ave- Mr. President, this treaty provides a many of my colleagues have taken an nue available today for beginning to solid start to limiting the flow of active interest in promoting the rights control the spread of chemical weap- chemical weapons. bestowed upon us by the fourth amend- ons, and leading, eventually, to the It urges the destruction of all chemi- ment. Indeed, I welcome the oppor- total elimination of such weapons. cal weapons. It will provide more infor- tunity to work with these members on Those countries that do ratify the mation about the prevalence of chemi- future initiatives related to this vital treaty—and this group represents most cal weapons than we have ever had be- provision of our Constitution. of the responsible players on the inter- fore. And it will make the dissemina- With respect to the claim that ratifi- national stage—recognize that through tion of such weapons—and the mate- cation of this treaty risks constitu- the CWC, the world firmly rejects the rials used to make them—more action- tional protections for Americans, I existence and use of chemical weapons. able than they have ever been before. think three points need to be stressed. The treaty puts in place mechanisms Mr. President, do I think the treaty First, this treaty, and in particular to enforce its precepts and monitor its could be improved? Of course. So I am the inspection language therein, is the progress, and signatories are commit- pleased that the CWC has the provision product of bipartisan efforts spanning ted to complying with these mecha- for amendment after it comes into many years. In fact, it was the Bush nisms. force. administration which rejected efforts What of the handful of nations who But now is not the time to debate to adopt overly broad, and undoubtedly flout international will, and will not amendments to the treaty. One hun- unconstitutional inspection proceed- sign on to this treaty? dred sixty-one nations have signed the ings in favor of those in the treaty First, defense experts at the very top Chemical Weapons Convention and 74 today. of our military command structure are of them have ratified it. Second, although the treaty itself ac- satisfied that the use of chemical I think we can all assume that—just knowledges the supremacy of the con- weapons by these so-called rogue states as we played a leading role in negotiat- stitutions of its signatories, this would does not pose a significant threat to ing the existing treaty—the United be the case even without specific lan- our national security. In March 1996, States will again be at the forefront of guage. The Senate cannot, be it then-Secretary of Defense William efforts to make the treaty more effec- through signing a treaty or passing a Perry told the Foreign Relations Com- tive after a period to test its utility. law, subvert any of the protections mittee that he was ‘‘damm sure’’ that We have the technological means and guaranteed by our Constitution. That the United States could respond mas- the economic weight to do so. But only is the very essence of our Constitution: sively and effectively to any chemical if we ratify this treaty prior to its it is the bedrock of our freedoms and weapons challenge. entry into force on April 29. Only by cannot be abrogated short of amend- Moreover, the CWC will make it easi- that deadline—now less than a week ment to the Constitution itself. er for the international community to away—will the United States be a full Mr. President, during a Judiciary track the chemical ingredients nec- participant in the Organization for the Committee hearing last September, I essary for weapons production and to Prohibition of Chemical Weapons questioned Professor Barry Kellman of inhibit the flow of these materials to [OPCW], the governing body that will the DePaul Law School on various as- rogue or non-signatory states. The have the responsibility for deciding the pects of the constitutionality of this Convention will impose trade sanctions terms for the implementation of the treaty and on each of the points I have on non-signatory countries whether or CWC. raised here today. On each point, Pro- not they are known to posses chemical Would I like to see the enforcement fessor Kellman was in agreement with weapons. This provision was devised by provisions of the CWC written in a less me. In fact, Professor Kellman, who the Bush administration specifically to ambiguous manner? Certainly. has dedicated many years, and much make it expensive for countries not to Could sanctions against violators be time and energy to reviewing the con- join this Convention. spelled out more clearly? Absolutely. stitutional implications of the Chemi- As Secretary of State Madeleine But the CWC was laboriously crafted cal Weapons Treaty, testified that, Albright said in testimony before the throughout three decades to meet the ‘‘every serious scholar’’ who has looked Foreign Relations Committee earlier security and economic interests of into the issue has found this treaty to this month, ‘‘These penalties would not States’ Parties. The United States led be constitutional. exist without the treaty. They will this effort, and the treaty which we are Finally, to the extent there are con- make it more costly for any nation to voting on reflects our needs. As Sec- cerns to be addressed, and there may have chemical weapons, and more dif- retary Albright has said, this treaty be, the proper context for airing those ficult for rogue states or terrorists to has ‘‘Made in the USA’’ written all concerns is during what I expect to be acquire materials needed to produce over it. That is why the CWC has the a lively discussion over the implement- them.’’ blessing and enthusiastic support of ing legislation, which we will have a Those states that we are most con- our defense and business communities. chance to debate in the next several cerned about currently are unwilling to Mr. President, I would like to address weeks. It is in the implementing legis- accept the norms that the treaty would an issue that is of particular impor- lation—not the treaty itself—where establish. That is why they have thus tance to me, and that is the potential these issues should be addressed and re- far chosen not to ratify. But it is just constitutional implications of this solved. as clear these states will never accept treaty. I look forward to working with con- the treaty if the United States refuses In particular, the argument has been cerned colleagues as we consider imple- to ratify. made, incorrectly in my opinion, that mentation of the treaty, so I am This is why I plan to vote in favor of adoption of the CWC would subvert, in pleased that the unanimous consent striking the so-called killer amend- some way, the constitutional protec- agreement arrived at regarding the res- ments that would tie the deposit of our tions of the fourth amendment which— olution of ratification before us today instrument of ratification to the ac- as Americans—we all enjoy. Let me say included the intent to debate and vote tions of these nations. at the outset that preserving the on the implementing legislation prior If the linkage were to remain in the fourth amendment is a responsibility to the Memorial Day recess. resolution, the Senate would become that I take very seriously and very per- As the debate over the implementing responsible for painting the United sonally. My concern about preserving language continues, I will work with S3642 CONGRESSIONAL RECORD — SENATE April 24, 1997 my colleagues to ensure that the lan- First, and foremost, this treaty will Mr. GORTON. Mr. President, I have guage we ultimately adopt fully and protect America’s military from the thought long and hard on whether I properly reflects the protections em- threat of chemical weapons attack should vote to ratify the Chemical bodied in the United States Constitu- without requiring America to give up Weapons Convention. I must admit tion. anything militarily. The United States that as the Convention was originally In the interim, however, we should has already decided to destroy its presented, I was inclined to oppose it. not become side-tracked by arguments stockpile of chemical weapons and has But after three weeks of hard work that this treaty is unconstitutional or vowed not to use chemical weapons in with the Majority Leader and with the subverts the fourth amendment. The warfare. Because the Chemical Weap- many thoughtful opponents of ratifica- inspections conducted pursuant to this ons Convention requires other nations tion, I believe we have resolved a sig- treaty will be conducted pursuant to to abandon chemical weapons as the nificant number of issues in contention the Constitution of this nation. Noth- United States has done, America gains and now believe that ratification of the ing in this treaty can, nor does it even from this treaty. We give up nothing, Chemical Weapons Convention will do attempt to, alter that simple, but fun- and our troops will be less likely to more to reach our common goal of damental fact. face poison gas in future conflicts. eradicating these deadly and detested Mr. President, I support the ratifica- Civilians in America and worldwide weapons from the earth than will non- tion of the Chemical Weapons Conven- will benefit from Senate ratification of ratification. tion which I believe is in the best inter- this treaty as well. Last year’s terror- First, I would like to commend my ests of the United States. ist attack in Japan, in which chemical many constituents, and the thousands And if the Senate is to lend its sup- weapons were used against innocent ci- of Americans like them, who were report to this treaty, we must vote to vilians, reminds us that none of us is lentless in raising their voices against strike each one of the five conditions safe from the threat of chemical weap- many dangerous aspects of the treaty before us. Four of these would pro- ons. As long as chemical weapons are and its interpretation. Without their nounce the treaty dead on arrival by produced and stockpiled, the possibil- vigilance, we would never have reached linking the deposit of the U.S. instru- ity remains real that they will end up the point we have today. ment of ratification to conditions that in the hands of terrorists. Because the I also commend Senator HELMS, Sen- are simply impossible to achieve—by Chemical Weapons Convention requires ator KYL, and the Majority Leader for April 29, or at any time in the near fu- all countries to enact laws making it a their work and negotiations with the ture. The other condition would estab- crime to develop or produce chemical Administration that has led to vast im- lish a precedent for the selection of in- weapons, the treaty will make it hard- provements in the Chemical Weapons spectors that would greatly undermine er for terrorists to obtain chemical Convention ratifying documents. the entire inspection process. weapons, making America’s cities, Since the beginning of the debate on Mr. President, it is imperative that streets, and schools safer. the Chemical Weapons Convention, I those of us who support this treaty Additionally, the Chemical Weapons have stated that the real question is help strike the language that would Convention will help America and the not whether to support the cause of re- undermine U.S. participation in the intelligence community to better track stricting the production, stockpile, and Convention in this manner. and control the spread of chemical use of chemical weapons throughout And, after doing so, Mr. President, I weapons and to punish violators. the world, but whether the Chemical hope my colleagues will join me in vot- Through the verification regime estab- Weapons Convention itself advanced or ing for final passage of the resolution lished by the treaty, our country will inhibited this honorable cause. of ratification. have an easier time monitoring chemi- As it was originally presented to the Mr. LAUTENBERG. Mr. President, I cal weapons threats and establishing Senate for ratification, Mr. President, I rise to urge my colleagues to ratify the rigorous verification procedures to pre- believe the treaty did not advance our Chemical Weapons Convention. vent cheating. cause, but instead inhibited it by mak- The Chemical Weapons Convention is Already seventy countries have rati- ing sensitive information on chemicals a historic arms control treaty which fied the treaty, and it will go into ef- and chemical weapons technology so will significantly enhance America’s fect with or without the United States. readily available as to encourage the security. The treaty prohibits the de- But if the Senate does not ratify the proliferation of these hideous weapons. velopment, production, acquisition, treaty, America will be siding with But through the good work of Senator stockpiling, and transfer of chemical rogue nations like Iraq and Libya. If HELMS and Senator KYL, we were able weapons by those countries that are the Senate does not ratify the treaty, to reach 28 agreements with the Ad- signatories. It requires signatories to American industry will be sanctioned ministration. These 28 agreements begin to destroy their chemical weap- and will lose roughly $600 million in went a long way toward advancing our ons within a year and to complete de- trade, a point I addressed more fully in cause. I think three of these agree- struction of chemical weapons within an earlier speech to the Senate. If the ments are particularly important. ten years. Importantly, it prohibits the Senate does not ratify the treaty, First, I shared the concern of many use of chemical weapons in combat, America will not be able to participate of my constituents and several former and it prohibits signatories from help- in the body that will determine the Secretaries of Defense who testified being other countries to engage in any rules for implementing the treaty. And fore the Armed Services Committee activity banned by the treaty. As such, if the Senate does not ratify the trea- that the convention would create a the Chemical Weapons Convention is ty, America’s credibility as a pro- false sense of security, not only in the an important non-proliferation tool ponent of nonproliferation and arms United States, but in nations around that will help slow the spread of dan- control will be jeopardized. the world. It would be easy, Mr. Presi- gerous chemical weapons and force the Mr. President, there is no doubt in dent, for governments to believe that, destruction of most of the world’s my mind that the United States should because the Chemical Weapons Conven- chemical weapons stockpiles. join a treaty we helped to shape and tion is in force, we no longer need to President Reagan recognized the wis- which enhances our security. With the worry about the use of chemical weap- dom of working to ban chemical weap- Chemical Weapons Convention and our ons or to prepare ourselves to defend ons worldwide. Under his administra- leadership, other nations will follow against them. I found this aspect of the tion, negotiations on the terms of a the lead America set years ago by giv- treaty to be quite troubling. chemical weapons treaty began. Those ing up chemical weapons. Rogue na- No arms control treaty has yet prov- negotiations continued under President tions and terrorist countries will have en to be perfect. And chemical weapons Bush, who signed the treaty. Now, five a harder time acquiring or making are far more difficult to detect than years after completion, with the full chemical weapons, and new tools will missiles or nuclear warheads. Thus, I support of President Clinton, the be available to prevent and punish originally feared that ratification of Chemical Weapons Treaty is before the them if they try. America is much bet- the treaty would lull us into a false Senate for ratification. ter off with the Chemical Weapons Con- sense of security in which our armed There are many good reasons to sup- vention than without it, and I urge my forces would not be properly prepared port the Chemical Weapons Treaty. colleagues to ratify it without delay. to deal with a chemical attack. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3643 I now believe, however, that the duct of peacetime military operations remarkably successful in his negotia- agreement reached between Senator within an area of ongoing armed con- tions with the President on this most HELMS and the Administration that en- flict when the United States is not a important aspect of the debate on the sures our armed forces will continue to party to the conflict; (2) in consensual treaty. I commend him for his dili- receive the equipment and training peacekeeping operations when the use gence and commend the President for necessary to complete their missions in of force is authorized by the receiving his wisdom in responding to our con- the face of chemical weapons is a state; and (3) in peacekeeping oper- cerns. major improvement which will guard ations when force is authorized by the This morning, the President sent against a debilitating false sense of se- Security Council under Chapter VII of Senator LOTT a letter in which he ex- curity. the United Nations Charter. The agree- tended a promise that the United Second, I and many of my constitu- ment also leaves in place Executive States will withdraw from the Conven- ents had grave concerns about the trea- Order 11850 signed by President Ford tion if Articles X and XI are used by ty’s impact on Fourth Amendment pro- which cites four cases where the use of other treaty parties to undermine the tections against unreasonable searches riot control agents should be permis- intent of the Convention. The specific and seizures. The treaty, in its original sible under the Chemical Weapons Con- circumstances under which the Presi- form, did not go far enough to protect vention: avoiding unnecessary loss of dent agreed to withdraw from the trea- U.S. citizens and businesses from invol- life, subduing rioting enemy POWs, ty are as follows: (1) if Article X is used untary inspections. The treaty’s provi- protecting supply convoys, and rescu- to justify actions that could degrade sions on challenge inspections of chem- ing a downed pilot from enemy troops U.S. defensive capabilities; (2) if Arti- ical producing facilities in the United or a POW from behind enemy lines. I cle XI erodes the Australia Group ex- States did not, in my opinion, comply commend the administration for agree- port controls; and (3) if Article XI pro- with the Constitution. ing to this reasonable and necessary motes increased proliferation of chemi- I am pleased that the administration condition. It will ensure that the men cal weapons. has agreed to a condition to protect and women of the United States armed With this assurance from the Presi- the Fourth Amendment rights of all forces have the tools necessary to do dent, I am now prepared to support the Americans and to conform the Chemi- their jobs in precarious situations. Chemical Weapons Convention and will cal Weapons Convention to the United While the 28 agreements made did go vote for its ratification. With the 28 States Constitution. According to this a long way to improve the Chemical agreements Senator HELMS and Sen- condition, before the U.S. deposits its Weapons Convention, I still had one re- ator KYL were able to negotiate, and instrument of ratification, the Presi- maining concern, in my view the most with this final commitment from the dent must certify to Congress that for important concern, until this morning. President, I am comfortable with the any challenge inspection in the United That concern relates to Articles X and treaty. The Convention has been trans- States for which consent has been XI of the convention and the propo- formed from one doing more harm than withheld, the inspection team must sition that they might well force the good, to one promoting rather than inhibiting the cause of eradicating chem- first obtain a criminal search warrant United States to share sensitive infor- ical weapons from the earth. based upon probable cause, supported mation on our chemical weapons de- In closing, Mr. President, let me say by oath or affirmation, and describing fense capabilities and to eliminate our that these changes could not have been the place to be searched and the per- export controls on dangerous chemi- made without the diligent and good- sons or things to be seized. For any cals. faith negotiating done by the majority routine inspection of a declared facil- Article X of the treaty obliges all leader, and without the voices raised ity in the United States that is con- parties to provide assistance and pro- by thousands upon thousands of Ameri- ducted on an involuntary basis, the in- tection to any State Party threatened cans who went out of their way to draw spection team must obtain an adminis- by the potential use of chemical weap- attention to the treaty’s many flaws. trative search warrant from a United ons, including information on chemical They should be given the lion’s share of States magistrate judge. weapons defense and detection. Article credit for the conditions and modifica- I am now confident that this agree- XI of the treaty obliges all parties to tions we have made that make the ment will ensure that the constitu- freely exchange chemicals, equipment Chemical Weapons Convention a more tional rights of U.S. citizens and busi- and scientific and technical informa- workable, more responsible treaty. nesses will be protected under the trea- tion relating to the development and Mr. BAUCUS. Mr. President, I rise ty. I commend Senators HELMS and application of chemistry for purposes today to express my firm support of KYL and the administration for their not prohibited by the Convention. It the Chemical Weapons Convention work on this vitally important condi- forbids parties to the treaty to main- Treaty. I have thought long and hard tion. tain export controls that would re- on this issue. And I believe that my Third, I was troubled by the treaty’s strict the trade and development of colleagues—both for and against this impact on the use of non-lethal riot chemicals and chemical technology treaty—have shown patience, diligence control agents. Since the Chemical with other treaty parties. and understanding during this impor- Weapons Convention was originally Ironically, these provisions of the tant debate. drafted, there has been a great deal of treaty, a treaty designed to eliminate I also believe the time has come for debate in the United States on whether the proliferation of chemical weapons, us to lead the civilized world in signing the treaty language would preclude could in fact promote that very pro- this treaty. And to remember why, we American armed forces from using non- liferation. If the United States is need to look back to our history. toxic riot control agents. Tear gas and forced under the treaty to provide this On October 30, 1918, 12 days before the other such chemicals provide the Unit- sensitive technology to countries such end of the First World War, the 362nd ed States military with an invaluable as Iran, China, or Cuba, those countries Infantry Division received orders to at- tool when conducting sensitive oper- could use that information to develop tack German positions outside the city ations. Tear gas, for example, is an ex- weapons against which we have no abil- of Audenarde in France. Many Mon- cellent means of rescuing downed pi- ity to defend. tanans served in this division. lots, or avoiding unnecessary loss of It is my contention that Articles X During this battle, German troops life when enemy troops and civilians and XI do more to inhibit the cause of lobbed several gas shells toward the are in the same area. eradicating chemical weapons than Montana troops. The wind that morn- I am pleased with the agreement that they do to promote it. Thus, they coming just happened to be blowing to the has been reached on this issue. Accord- prise a fatal flaw in the Chemical east, and the gas carried over the ing to a condition the administration Weapons Convention. And, until today, American area. has now accepted, the President will I was inclined to vote against ratifica- The men of the 362nd fought val- certify to Congress that the United tion because of my concerns on Arti- iantly that day. And in the end, they States is not restricted by the conven- cles X and XI. overtook the German positions with a tion in the use of riot control agents in I am pleased to say, however, that minimal loss of life. But they, and hun- the following situations: (1) in the con- the distinguished Majority Leader was dreds of thousands of other World War S3644 CONGRESSIONAL RECORD — SENATE April 24, 1997 I veterans, carried scars in their lungs others, has painstakingly reviewed the The third issue of concern relates to for the rest of their lives. It made CWC for many months. The 33 condi- Condition 27’s direct affect on my state breathing difficult and left many of tions which have been the subject of and on our ability to dismantle our ex- them invalids. protracted negotiations have created a isting stockpiles. Kentucky is home to Chemical weaponry has come a long document which better protects our the Lexington Bluegrass Army Depot way in the 79 years since that battle nation’s security interests. I congratu- where thousands of chemical munitions took place. Modern technology has late Senator LOTT and the rest of the are currently stored. The community made this type of warfare more dev- participants for their efforts. surrounding this facility is justifiably astating and more deadly. It can now Despite the best efforts of all in- concerned over the method by which kill instantly as well as scar and maim volved I continue to harbor a number the weapons will be destroyed. The the lungs. of strong reservations about the con- Treaty mandates signatories register Chemical warfare is an indiscrimi- vention. I am concerned about its ver- specific technical plans for destruction nate killer. It cannot tell the dif- ifiability, the impact on U.S. business, shortly after the instruments of ratifi- ference between a soldier and a civil- the effect on U.S. efforts to eliminate cation are filed. This may undermine ian, a bunker from a subway, or a bar- existing chemical weapons stockpiles, alternatives currently being explored. racks from a school. and the number of rogue nations which Let me explain. Last year, I offered And worst of all, some chemical are not party to the CWC. an amendment to the Defense Appro- weapons are relatively easy to create. Former CIA director James Woolsey priations Bill which directed the Sec- As we have seen in recent news reports, testified that detection of violations of retary of Defense to pursue the acquisi- if the substances used to create chemi- the CWC is so difficult that we cannot tion of at least two alternative tech- cal weapons are freely available, ter- ‘‘have high confidence in our ability to nologies to the current plan of inciner- rorist groups and cults can make them detect noncompliance, especially on a ation. Condition 27, provides some as- and use them against civilians. small scale.’’ Nowhere is this more evi- surance that the development and use This, of course, often makes them dent than Iraq. In a recent column, of alternatives to incineration would hard to detect. So the critics of this Charles Krauthammer pointed out that not be affected by the CWC regime. Convention have a point when they say Iraq has been subjected to the most in- However, if this agreement between it will be hard to verify. trusive, comprehensive inspections for Congress and the Administration is But this agreement will make it weapons of mass destruction ever de- overruled, reversed or challenged by much easier than it is now for us to vised or implemented by an inter- the Organization for the Prohibition of find out when rogue states try to cre- national organization. Yet, we con- Chemical Weapons, my constituents ate or stockpile chemical weapons. We tinue to uncover secret sites and weap- will be placed at increased risk. I ac- will have the right to inspect the fac- ons and have no confidence we know cept the President’s written guarantee tories and defense installations of the extent of Saddam Hussein’s lethal at this point, but will keep a close those we suspect are creating these stockpile. If we are uncertain under the watch to assure his commitment is not weapons. And we will be able to block best of conditions, we should not un- reversed or revised. I ask unanimous those who do not sign from buying the derestimate the significant risks under consent that a letter from President substances they need to create chemi- adverse circumstances. Clinton to me on this issue be included cal weapons. Mr. President, my second concern is in the RECORD following my remarks. That is why this treaty has wide sup- the unforseen impact inspection re- The PRESIDING OFFICER. Without port. If we choose not to ratify it, we quirements might have on U.S. busi- objection it is so ordered. (See exhibit 1.) cast ourselves with such countries as nesses. One estimate puts the number Mr. MCCONNELL. Condition 27 also Iraq and Libya—one which used chemi- of Kentucky businesses which are like- presents another problem. Current law cal weapons against Iran and its own ly to be impacted by the CWC at 44. requires the President to destroy the Kurdish citizens, another suspected of Not all of these companies are large U.S. stockpile by 2004. Condition 27 ex- clandestine efforts to create a chemical enough to be able to afford the intends the deadline to 2007. Mr. Presi- weapons program. creased costs of additional burdensome dent I am emphatically opposed to this And we make it more likely that regulations. The chemical industry is provision. I do not believe it wise to some day, another generation of Amer- already one of the most over-regulated give the Army, or any party the oppor- ican servicemen and servicewomen will industries in America. Currently, the tunity to slow down efforts to identify suffer the same kind of outrageous at- combined costs of EPA, OSHA and alternative technologies or to delay tack that the Montanans in the 362nd other federal regulations on the indus- the destruction process. went through in 1918. That must not try is near $4.9 billion annually. Adding The weapons stored in the U.S. need happen. And the Senate must pass this to this incredible financial burden is to be dismantled now. They are aging Convention. overkill. and therefore becoming more unstable If we ratify this treaty now, we allow In addition to the costly regulatory every day. As this occurs, safe destruc- the United States to participate in its burdens CWC asks these companies to tion becomes increasingly difficult and administration from the outset. To fail withstand, the treaty will require com- the chance of an accident increases to ratify the treaty is to lose our seat panies to open their books and facili- dramatically. I hope the Administra- at the table. I want to make sure that ties to foreign inspection teams—creat- tion will not seek a delay in the de- we put American inspectors on the ing a Pandora’s box of commercial haz- struction deadline unless it is abso- ground to ensure the eventual end of ards. Former Defense Secretary Donald lutely necessary in order to undergo these horrible weapons. Rumsfeld points out, despite best ef- the safe and effective elimination of Again, I urge my colleagues to join forts its possible, even likely, that in- our weapons. me in supporting this treaty. And I spection teams could come away with Finally, Mr. President, the fact that look forward to the day we remove classified and proprietary information. many of the nations with either the in- chemical weapons from the face of the Specifically, the inspection require- tent or the means to attack U.S. sol- earth. ments may compel companies to pro- diers and citizens with chemical weap- Mr. MCCONNELL. Mr. President, I vide proprietary technical data which ons are not covered by the CWC is rise today to join my colleagues in ad- could be used to considerable financial deeply troubling. Libya, Syria, Iraq dressing the issue of ratification of the advantage by competitors. Worse yet, and North Korea are all suspected of Chemical Weapons Convention (CWC). the results might enable adversaries to possessing chemical weapons and not While some who are less familiar enhance their chemical weapons capa- one is a participant in the CWC. This with the advice and consent process bilities, putting American soldiers and fact is strong justification for main- may regret the pace the Senate has un- citizens at potential risk. These risks taining Condition 30 which compels dertaken, I strongly believe it is a underscore the need to include the im- their participation. point of pride. The Senate, led by Ma- perative protections in Condition 31 en- If the U.S. ratifies the CWC the hor- jority Leader LOTT, Senator KYL, Sen- abling the President to ban inspection rors of chemical attack will not magi- ator HELMS, Senator LUGAR and many teams with terrorist track records. cally disappear. Those of us in the April 24, 1997 CONGRESSIONAL RECORD — SENATE S3645 United States Senate must remain commitment to exploring alternatives to in- That’s why it is incredible to me, less vigilant in ensuring that America con- cineration for the destruction of the U.S. than a week before the ratification tinues to prepare adequate defensive chemical weapons stockpile and clarifies the deadline, that this treaty has become a capabilities against potential chemical relationship between the CWC and our chem- point of political division here in the ical weapons demilitarization program. A or biological attack. Incidents such as copy of the condition is attached. U.S. Senate. the sarin gas attack in the Tokyo sub- I am gratified that you agree on the impor- This treaty is the first global arms way cannot be prevented by this or any tance to U.S. national security of banning control agreement to ban an entire other treaty. the production, possession and use of chemi- class of weapons. Participating states The world remains a dangerous place cal weapons worldwide. I look forward to must destroy their chemical weapons and this treaty will not substantially your support for Senate ratification of the within 10 years of the treaty’s enact- change that fact. The Secretary of CWC in the weeks ahead. ment and pledge to never make them State insists that this Treaty is not Sincerely, again. The agreement also creates an BILL CLINTON. about our chemical weapons—it is a Ms. MOSELEY-BRAUN. Mr. Presi- international organization to monitor means to limit other nations’. The dent, in recent weeks we have heard a compliance, and signatories must explain fact is it will not constrain one great deal about the Chemical Weapons change data and permit routine inspec- nation from acquiring or using these Convention. tions of their facilities. weapons. Even if we are able to deter- We have talked about the risks of in- Nations refusing to participate will mine that a participating nation is vio- formation sharing, the reliability of be barred from purchasing the ingredi- lating the CWC, the means of redress or the verification systems, and whether ents necessary to make chemical weap- sanction available under the treaty are Russia should go first. We have debated ons and many commercial chemical toothless and largely ineffective. The the dangers of exchanging inspectors, products, and will face heightened United Nations Security Council must we have questioned whether outcasts scrutiny over their chemical weapons craft penalties which could avoid po- like Iran, Iraq and North Korea should activities. Their chemical and bio- tential Chinese or Russian vetoes. I am sign this international agreement, and technology industries will face great certain this would be a near impossible whether anything would change if they international trade obstacles. Opponents of the Chemical Weapons task. did. Fundmentally, we have been con- Convention argue that this treaty With these objections stated, it is sidering whether the proposed treaty is should not be ratified because coun- clear that I do not believe the CWC is a step forward, or whether it is worse tries such as Iraq, Iran and Syria are a perfect document. In fact, it remains than no treaty at all. unclear whether the treaty will have Opponents have argued that the trea- not signatories. They argue that the any of the positive effects its pro- ty is fatally flawed, and that the Unit- treaty is unverifiable, that it is intru- ponents allege. ed States is better off without it. It’s sive and damaging to confidential Why then do I feel compelled to sup- true that the Chemical Weapons Con- trade information held by the U.S. port U.S. ratification? Quite simply it vention is not perfect. Chemical weap- chemical industry, and that, due to the comes down to one issue—the necessity ons are cheap and easy to make, and Clinton administration’s refusal to to sustain the strength and credibility despite our best efforts, we will never modify article 10 and 11, the United of U.S. leadership. As the principal ar- be able to monitor every laboratory, or States will be forced to share critical chitect of the CWC, the United States stop every nation in this world that is technology with other nations. I do not subscribe to this interpreta- risks our authority and stature should driven to make tools of biological war- tion. The sanctions provided by this we refuse to ratify the convention. If fare. this treaty is to enjoy any success it But this debate is not about whether treaty for nonmembers were designed will be due to U.S. participation and the treaty is perfect, or whether its with the distinct understanding that leadership. As President Bush has stat- provisions must be changed. This de- pariah states were unlikely to join the ed repeatedly, ‘‘it is vitally important bate is about what happens if the Unit- agreement, and therefore would be iso- for the United States to be out front.’’ ed States fails to act. lated and targeted for sanctions. Fur- I also agree with former Secretary of Every weapon of war is horrible. thermore, article 10 does not obligate State James Baker’s assertion that While the bloodshed, violence and de- the United States to share chemical de- failure to ratify the convention ‘‘would struction caused by things that kill fense technologies and equipment with send a message of American retreat people cannot be ranked, death by poi- member or nonmember states. Article from engagement in the world.’’ son gases or viruses is particularly 10, in fact, provides the United States The United States must be in a posi- grisly. I am reminded of the words of with the flexibility to determine how tion to lead, and it must use this lead- Erich Maria Remarque in his novel and what types of assistance should be ership to push other nations to follow about men lost to poison gas attacks provided to signatories. Article 11 will our example and eliminate their chem- during the Great War in the early part not force private businesses to release ical stockpiles. Just this week we of this century: proprietary information. The convention legally binds signatories, via arti- heard from a former high ranking We found one dug-out full of them, with North Korean official of that country’s blue heads and black lips. Some . . . took cle 1, never to engage in any activities significant chemical and nuclear capa- their masks off too soon . . . they swallowed prohibited under the convention, great- bilities and willingness to use both. enough to scorch their lungs. Their condi- ly decreasing the likelihood that na- The U.S. must actively work to ensure tion is hopeless; they choke to death with tions would seek to profit by giving se- that the North Korea’s of the world hemorrhages and suffocation—‘‘All Quiet on crets to non-signatories. recognize the futility in relying on The Western Front’’ Erich Maria Remarque. For the American people, the bene- these weapons. The CWC is a modest It was experiences like this that fits of the Chemical Weapons Conven- step on that road, a road which I hope helped to generate worldwide hatred tion are clear. Its provisions will di- yields success. and fear of chemical weapons, and is minish the threat of chemical warfare EXHIBIT 1 what led to the Geneva Protocol of against our young troops overseas. It 1925. will help protect Americans at home THE WHITE HOUSE, Washington, March 19, 1997. In the 70 years since that time, nego- from terrorist attacks like the kind DEAR SENATOR MCCONNELL: Thank you for tiations have been conducted, con- that occurred in the Tokyo subway. your letter concerning your support for the ferences have been held, and agree- And it gives us new tools to help us Chemical Weapons Convention and for the ments have been signed to permanently track down and punish nations that alternative technologies program. ban chemical weapons from the earth. violate this treaty. I want to assure you that nothing in the It is universally recognized that out- The amount of good that this treaty Convention would preclude the consideration lawing chemical and biological weap- can accomplish has been recognized by of alternative technologies funded by your amendment to the FY 1997 Defense Appro- ons and their manufacture—while it the rest of the civilized world. One hun- priations bill. Indeed, the Administration might not completely prevent any use dred and sixty-four nations have has agreed to a condition to the CWC resolu- in future conflicts—is the right thing signed, and seventy-four nations have tion of ratification which makes clear my to do. ratified this agreement. The treaty, S3646 CONGRESSIONAL RECORD — SENATE April 24, 1997 which was negotiated by the Repub- The Chemical Weapons Convention is lateral chemical weapons destruction lican administrations of Reagan and not a liberal or a conservative docu- agreement with the Soviet Union in an Bush, has been endorsed by military ment. It is not a Democratic or a Re- effort to begin the process of reducing leaders like General Powell and Gen- publican document. It was negotiated that country’s stockpiles, the largest eral Schwartzkopf. It’s supported by by the Reagan and Bush administra- in the world. The leadership of the the chemical manufacturers, and most tions and it is supported by the Clinton United States through the years has significantly, it is supported by the administration. It is in the tradition of been crucial in forging the broad inter- American people. a nonpartisan foreign policy. national consensus which produced the The Senate has less than 1 week, The Chemical Weapons Convention Chemical Weapons Convention. The however, to ratify this treaty. If we was made in America. It is inconceiv- whole world is watching us closely miss the April 29 deadline, the world able that we—the world’s only super- today to see whether or not the United will move ahead without us, and the power—would refuse to ratify a Con- States is going to continue its leader- United States will lose a critical oppor- vention that we were instrumental in ship role on this critical issue. tunity to take a stand against the drafting. The United States must not retreat worldwide proliferation of chemical Of course no treaty can ever elimi- from more than a decade of leadership weapons. America will lose its seat at nate every threat. That is why the on controlling chemical weapons. We the table in the international enforce- United States must continue to main- must ratify the Chemical Weapons ment process, and American inspectors tain our strong chemical weapons de- Convention before it comes into force will be barred from examining foreign fense program. At the Aberdeen Prov- on April 29—not just to maintain our facilities. Our chemical industry will ing Ground in Maryland, scientists and leadership on this issue, but because it lose hundreds of millions of dollars per technicians are developing better ways is in our best interests to do so. year as a result of the treaty’s trade to protect our troops from the effects The issue is not whether the Conven- restrictions. And we will sit on the of chemical weapons. This important tion will completely eliminate the sidelines with outlaw nations like work must continue. threat of chemical weapons. There is Libya, North Korea, Iraq, and Iran. In addition, our intelligence agen- no magic wand to do that. However, The United States is not an outlaw cies, like the National Security Agen- what the Chemical Weapons Conven- nation, and should not be considered cy, must continue to provide the kind tion will do is nevertheless substantial. one because of our failure to act. We of information that prevents the use of It will establish—for the first time—an cannot stop these deadly weapons chemical weapons. The National Secu- international standard against the pro- alone, and the world cannot stop these rity Agency is listening in on the inter- duction and use of chemical weapons. weapons without us. As President Clin- national criminals and terrorists as It will provide us with significant addi- ton said in his State of the Union Ad- they seek to buy chemicals and tional monitoring and inspection tools dress, ‘‘We must be shapers of events, produce weapons. The Chemical Weap- to detect chemical weapons activities. not observers.’’ If we want to continue ons Convention will aid these efforts by And it will impose trade restrictions our leadership role into the next cen- making it harder for terrorists to get that will make it more difficult for tury, then it is time for the United chemicals that could be turned against ‘‘rogue’’ states and terrorist organiza- States to be leagued with the rest of Americans. tions to start or continue chemical the world and put an end to these America has always led the effort to weapons programs. weapons of death. end the use of chemical weapons—and Opponents of the Convention argue We have a clear choice. We can take the convention will ensure that other that it is not adequately verifiable, al- the path of political partisanship, and countries follow our lead. We have although many of those same critics stand in isolation. Or we can set aside ready decided not to use chemical argue at the same time that the treaty discord, take responsibility for our weapons and we have started to dis- is too intrusive. The fact is that the children’s future, and ratify this agree- mantle our chemical stockpile. Convention includes the most exten- ment. Maryland is one of seven States that sive monitoring and inspection regime This is the decision that the Senate stores chemical weapons left over from of any arms control treaty to date. The must make. In the 100 years since the the First and Second World Wars. For U.S. chemical industry—which will be Hague Conventions, a historic oppor- many years, we have lived with the the target of most of the monitoring tunity is within reach to ban chemical threat of an accident. We are only now and inspection under the Convention— weapons forever. It is time for the Sen- preparing to neutralize the chemical helped write these provisions and is ate to complete the job and ratify the stockpile that is stored in Maryland. comfortable with them. Chemical Weapons Convention. We in Maryland know first-hand the The U.S. intelligence community be- Ms. MIKULSKI. Mr. President, I sup- dangers these chemical weapons pose lieves that the Convention will signifi- port the ratification of the Chemical to military personnel and civilians. cantly enhance its current ability to Weapons Convention. This inter- America’s priority must be to safely detect suspicious patterns of chemical national treaty is our best hope to end dispose of these lethal chemicals—not activity in other countries. I am par- the use of lethal chemical weapons. It to produce them. ticularly pleased with the Condition will protect Americans by making it Mr. President, The Chemical Weap- #5, which has been agreed to, that pro- harder for terrorists to produce chemi- ons Convention will make it harder for tects U.S. intelligence information cal weapons and it will protect our sol- thugs and rogue nations to make and that may be shared with the Organiza- diers on the battlefield. This treaty use chemical weapons. I urge my col- tion for the Prohibition of Chemical will make America and the world more leagues to join me in voting for its Weapons. It reflects the legislation I secure. ratification. have introduced to protect U.S. intel- The Chemical Weapons Convention Ms. SNOWE. Mr. President, in my ligence which is shared with inter- bans the development, production, view there is no greater threat to our national organizations. stockpiling, and use of chemicals as nation’s security than the proliferation The trade restrictions imposed by the weapons. Each and every nation that of weapons of mass destruction. Among Convention represent another key ele- signs this treaty becomes an ally in the these is the scourge of chemical weap- ment in controlling the proliferation of fight against chemical weapons used by ons which have been unleashed in this chemical weapons. Building on the ex- terrorists or by outlaw states. If we century with such horrifying effect in isting trade restrictions in chemicals don’t ratify this treaty, America will the trenches of the First World War, in under the informal Australia Group, join countries like Libya and Iraq who the villages of Iraq a decade ago, and the Convention limits trade in the refuse to join the worldwide effort to more recently in the Tokyo subway. most likely chemicals to be used in end the use of chemical weapons. I In 1985 the United States took a bold weapons production—Schedule I chemi- can’t speak for my colleagues, but I unilateral decision to destroy our cals—to trade among countries that know that this Senator does not want chemical weapons stockpiles because have already ratified it. The same re- the United States to be aligned with they serve no military purpose. And in strictions will apply after three years those terrorist states. 1990 the United States negotiated a bi- to Schedule II ‘‘dual-use’’ chemicals April 24, 1997 CONGRESSIONAL RECORD — SENATE S3647 which have both commercial and mili- A total of 162 countries have now ish War Veterans of the USA. The Na- tary applications. signed the Chemical Weapons Conven- tional Gulf War Resource Center, a co- Therefore, if we do not ratify, we tion and 74 countries have ratified it. alition of two dozen Gulf War veterans hurt our own chemical industry which Russia, China and Iran—all with known organizations has also publicly en- will be excluded from commerce in chemical weapons programs—have dorsed the CWC. Schedule I chemicals with some of our signed the Convention, but it is un- Such distinguished senior US mili- principal trading partners, including likely that these countries will ratify tary commanders as General Norman the United Kingdom, France, Germany, it if the U.S. does not do so first. Schwarzkopf, former Chairmen of the Japan, and Canada. The economic loss Mr. President, American leadership Joint Chiefs of Staff Generals John M. to the United States is estimated to be is needed once again. The U.S. must be Shalikashvili and Colin Powell, former $600 million annually. among the original ratifying states in Chief of Naval Operations Admiral Opponents of the Convention also order to play a central role in setting Elmo Zumwalt, and former National argue that it is contrary to our na- up the new Organization for the Prohi- Security Adviser General Brent Scow- tional security interests because coun- bition of Chemical Weapons and to par- croft have all publicly called for the tries like Iraq and North Korea will ticipate fully in the Convention’s mon- ratification of the CWC. Colin Powell continue their chemical weapons pro- itoring, inspection, and trade control appeared before the Veterans Affairs grams while we destroy our own stock- activities. I urge my colleagues to sup- Committee last week; he gave the com- piles. But the Convention will make it port the resolution of ratification for mittee his unequivocal support for the harder for these countries to obtain the Chemical Weapons Convention. CWC. General Powell stated that the critical chemical ingredients for their Mrs. MURRAY. Mr President, I am treaty will lessen the likelihood that weapons programs. And, by outlawing pleased that the United States Senate U.S. troops will be safer from chemical the production of chemical weapons for has finally turned its attention to the attack in the future. Given the prob- the first time, the Convention will Chemical Weapons Convention. Before lems many of our Gulf War veterans allow the international community to this body today sits the work of Presi- are suffering that many attribute to take collective action to isolate dent Reagan, President Bush and now exposure to chemical weapons, I be- ‘‘rogue’’ states intent on developing President Clinton. The CWC will place lieve the Senate should give General these weapons. a global ban on the manufacture, Powell’s comments in support of the The Pentagon’s top military leaders CWC special consideration. have all testified that chemical weap- stockpiling and use of chemical weap- Also of great importance to me in ons are not needed to deter other coun- ons by its signatories. Along with pro- considering the merits of the CWC is tries from using these weapons against tocols for inspections and sanctions the strong support of the chemical in- the U.S. or our armed forces. In fact, against countries that do not abide by dustry, including both small and large chemical weapons serve no useful mili- the CWC, it contains a specific time- businesses. It is noteworthy that our tary purpose as a method of warfare. table for the destruction of existing business community provided advice to America’s ability to inflict overwhelm- chemical weapons and production fa- the Reagan and Bush administrations ing destruction, without resorting to cilities. on the treaty provisions affecting this chemical warfare, serves as a sufficient The United States provided valuable deterrent to the use of chemical weap- leadership for many years in the effort industry. If the United States does not ratify ons against our armed forces. I agree to outlaw chemical weapons and their the Chemical Weapons Convention it strongly with Condition #11, which has use. Our government was the driving will not have access to the Treaty’s already been agreed to, that requires force behind the negotiations that pro- tools to help detect rogue states and the United States to maintain a robust duced the Chemical Weapons Conven- terrorists who seek to acquire chemical program of chemical and biological de- tion. The CWC will go into effect next weapons. The United States will not be fenses to ensure that our forces are week with or without U.S. participa- allowed to participate in the Organiza- provided with maximum protection in tion. Failure to ratify the CWC would the event such weapons are ever used be a monumental error for the United tion for the Prohibition of Chemical against U.S. forces. Such a policy is States; a symbolic retreat from our Weapons (OPCW), the governing body only matter of prudence and common traditional role in the world that will deciding the terms for the implementa- sense. likely impede our efforts to further tion of the Treaty. Therefore, Ameri- The resolution of ratification before eliminate and combat proliferation of cans will not be able to serve on inspec- the Senate today sets out further con- weapons of mass destruction. tion teams or influence amendments, ditions that address widely-shared con- I do strongly support the immediate and Americans now serving as head of cerns about the Chemical Weapons ratification of the Chemical Weapons administration, head of industrial in- Convention. For instance, conditions Convention. I want to add my personal spections, and head of security will be will ensure the primacy of the U.S. thanks to my many colleagues who replaced by nationals from countries Constitution, limit U.S. financial obli- have worked so hard to bring the arti- that have ratified the CWC. Chemical gations under the Convention, ensure cles of ratification to the Senate floor. proliferation and terrorism are un- appropriate cost-sharing arrangements, Senator BIDEN and Senator LUGAR have doubtedly problems the United States and require consultation with this both been champions in this effort. I can fight more effectively within the body in cases of noncompliance with have great admiration and respect for framework of global cooperation. the treaty. By clarifying and reinforc- both of these Senators and I know The Chemical Manufacturing Asso- ing the Senate’s views on these and many thousands of my constituents ciation has stated that the CWC ‘‘does other important issues, the conditions also appreciate their leadership on the not trump US export control laws.’’ In- constitute a useful complement to the CWC. stead, the Treaty will expand and im- Chemical Weapons Convention. As a Member of the Senate Commit- prove the effectiveness of non-pro- Mr. President, it is important to note tee on Veterans Affairs, I have been liferation by instituting a strong sys- that this Convention has a history of particularly impressed by the support tem of multilateral export controls. No bipartisan support. Negotiations began given to the CWC by numerous veter- information will be disclosed regarding under the Reagan Administration and ans service organizations. My own imports, exports or domestic ship- were concluded by the Bush Adminis- state has more than 700,000 veterans ments. The CWC will affect approxi- tration. Former President George Bush and thousands of additional active mately 2,000 companies, not 8,000 as the has said, and I quote, ‘‘This Convention duty personnel stationed in every cor- Treaty’s opponents hold. About 1,800 of clearly serves the best interests of the ner of my state. The following veterans those 2,000 companies will do nothing United States in a world in which the organization have all called upon the more than check a box regarding the proliferation and use of chemical weap- Senate to ratify the CWC; the Veterans range of Discrete Organic Chemicals ons is a real and growing threat . . . of Foreign Wars, the Vietnam Veterans they produce, without specifying the United States leadership is required of America, the Reserve Officers Asso- nature of these chemicals. Of the some once again to bring this historic agree- ciation of the United States, the Amer- 140 companies most likely to be sub- ment into force.’’ ican Ex-Prisoners of War and the Jew- jected to routine inspections, a large S3648 CONGRESSIONAL RECORD — SENATE April 24, 1997 proportion are CMA members, who as- treaty and amending article 11, and security. I have read the Convention, sisted in writing the provisions of the having our intelligence agencies cer- and I wish to state that I read Article Treaty. Regardless, it is anticipated tify that the treaty would be credibly XI, section (d) to mean that the U.S. is that any challenge inspections will verifiable were critical to making the free to pursue any action—unilaterally more than likely involve military, treaty worthwhile. or multilaterally—against nations hav- rather than commercial facilities. The fact that the President suggested ing chemical weapons. Furthermore, I Thus, we should not concern ourselves we could withdraw from the convention will insist on clarification indicating with a potential negative impact of the if there were a compelling reason to do that current trade sanctions promoting CWC on the industry, because clearly so, was a placebo which carried little U.S. national security, and supported this is not the case. On the contrary, if viable meaning. I believe that it would by this body as well the executive, will the US Senate chooses not to ratify the not only be more difficult to withdraw not be infringed by this Treaty. Chemical Weapons Convention, Amer- from the convention once we ratify it, The benefits of this Treaty will not ican chemical companies risk losing as it would be much more dangerous to nearly approach the rhetoric of some of much as $600 million a year in sales world stability if we were to withdraw its proponents. In my opinion, over- and many well-paying jobs when the after obligating ourselves to a flawed blown rhetoric enhanced the possibility mandatory trade sanctions against treaty. And so, I must, in good con- that this Treaty could have failed, as non-parties are enforced. science, vote not to ratify. some of us studied the document and Critics insist that the CWC will be in- Mr. HATCH. Mr. President, the first realized the great gap between the effective because rogue states sus- thing I wish to express is my gratitude rhetoric and reality. pected of possessing or attempting to to the Chairman of the Foreign Rela- The current resolution of ratification acquire chemical weapons, such as tions Committee and the Majority helps to close that gap. The conditions Syria, Iraq, North Korea and Libya, Leader for the work they have done in included in the resolution preserve the have not joined the convention. Ac- the final weeks to improve this resolu- Senate’s constitutional role in treaty- cordingly, they argue that the United tion of ratification. making, including approval of amend- States should hold up ratification until The Chemical Weapons Convention ments to the CWC. Agreed conditions these states join. The reality is that before us is significantly better than established standards for U.S. intel- only about 20 states are believed to what we faced last year. In addition, I ligence sharing, including requiring re- have or to be seeking a chemical weap- wish to compliment both the Chairman ports on such sharing. They limit the ons program, more than two-thirds of and the Ranking Member of the For- sharing of defensive capabilities under which have already signed the CWC. eign Relations Committee for holding Article X. They clarify our position on For the past 40 years, the United numerous hearings during the past the use of riot control agents in war- States has led nonproliferation regimes month and for the way they have led time circumstances, preserving for us that have established accepted norms the debate over the past two days. The that option along the lines originally of international behavior. Failing to duty of this body to advise and consent intended by our negotiators under ratify the convention will not persuade has never been more honorably met. President Reagan. They require the the rogue states to join the CWC. Rath- This treaty, with the resolution of President to report regularly on the er, it will legitimize their action and ratification, while now an acceptable threat of chemical weapons. Finally—and this is extremely impor- hurt US credibility in the inter- treaty, is not the panacea for chemical tant, Mr. President—the resolution of national community. The Treaty en- weapons that some of the more ada- ratification requires criminal search sures that non-party states are isolated mant proponents have implied or sug- warrants for challenge inspections and makes it extremely difficult for gested. It will not, in and of itself, against non-complying parties. them to pursue their nefarious objec- spare our grandchildren from the hor- I stress again, Mr. President, my tives. rors of chemical warfare. It will not, in gratitude to those, on both sides of the I urge my Senate colleagues to re- and of itself, protect our citizens from aisle as well as in the Clinton Adminis- flect on the measure of American lead- terrorists intent on using chemical tration, who negotiated this resolu- ership and the indispensability of our weapons. tion. nation on nonproliferation issues and This Convention will not signifi- The letter the Majority Leader has to vote for the Chemical Weapons Con- cantly reduce the threat of terrorism, obtained from President Clinton also vention. This Treaty makes sense on Mr. President. Now that this debate is helps close the gap between rhetoric political, legal and moral grounds. As almost concluded, it would be of great and reality. The President recognizes, officials of both Republican and Demo- benefit to the future of this agreement with this letter, that the Treaty may cratic administrations assert, the that everyone be realistic about this. not guarantee the cessation of pro- Chemical Weapons Convention will en- The Administration and other proliferation of these monstrous weapons sure that Americans live in a safer ponents of this agreement recognized and their precursors. He recognizes America and a safer world. this when they stated in the resolution that, despite the goals of this docu- Mr. BOND. Mr. President I will vote of ratification, condition 19 that: ‘‘The ment, our defenses against their pos- against ratification of the Chemical Senate finds that without regard to sible use on our troops should not Warfare Convention. I came to this de- whether the Convention enters into wane. He recognizes that we have a re- cision, not because I am against doing force, terrorists will likely view chemi- gime—the Australia Group—in place away with chemical weapons, we all cal weapons as a means to gain greater that has addressed the problem of il- are. I will vote against ratification be- publicity and instill widespread fear; licit trade in chemicals and that that cause amendments which I believe and the March 1995 Tokyo subway at- regime should not go by the wayside. were critical to ensuring our safety and tack by the Aum Shinrikyo would not With this letter, the President recog- security were stricken rendering the have been prevented by the Conven- nizes that if this Treaty is seen to be convention more dangerous to our well tion.’’ failing, we can and will exercise Article being than one which would include Mr. President, I am greatly con- XVI, which defines how a State Party those conditions, even if it means hav- cerned about future terrorist threats to may withdraw from the CWC. ing to renegotiate the convention. Of the citizens of this country, and I urge Despite these improvements and as- the outstanding amendments which those who have suggested that this surances, Mr. President, I know that a were debated through out the day Convention will curb that threat to de- number of thoughtful colleagues con- today, I believe those covering Russian cease from such counterproductive tinue to have reservations about the ef- ratification and their compliance with rhetoric that could disastrously mis- fectiveness of this Treaty. And I wish previous treaties, the rejection of in- lead us about future threats. to say that I respect their decisions, spectors or inspections by states with a In addition, I must note to the ardent and I object to certain exceptional no- history of violating non-proliferation proponents of the CWC that a number tions heard during the debate that op- treaties or which have been designated of nations will remain outside of this ponents of this Treaty object because by our State Department as sporting regime, and some of them have policies they are against all arms control trea- terrorism, striking article 10 of the inimical to this nation’s welfare and ties. I don’t believe this to be the case April 24, 1997 CONGRESSIONAL RECORD — SENATE S3649 at all. This Treaty has many practical through on his pledge for strict inter- interest. I fear the Administration will limitations, and I believe that we national compliance and for vigilence have a lot of work building the bridge should not impugn the motives of indi- regarding threats by terrorists or rene- between the rhetoric and reality. On viduals who, at the end of the day, gade groups. that bridge lies the future of this Con- have great reservations over its bene- Over 70 nations have ratified this vention and the future of arms control. fits. Convention. Of course, we decided to Mr. HELMS. Mr. President, let me I have supported many arms control unilaterally destroy our stockpile more state the order of distinguished speak- agreements myself, Mr. President, but than a decade ago, and we are proceed- ers on this side of the aisle. I am going always after careful consideration of ing as expeditiously as possible, re- to start with the most distinguished of the strategic value as well as practical strained only by prudence regarding all. The President pro tempore of the consequences of making so grave a safety and the environment. We’ve Senate, Senator THURMOND, will have 5 commitment. And I must say that it known all along that our unilateral de- minutes; followed by Senator has never been more difficult for me to struction plan was not contingent on HUTCHISON of Texas, for 5 minutes; Sen- determine the net worth of an arms the outcome of this debate. We deter- ator HUTCHINSON of Arkansas to follow control agreement as it has been for mined these weapons were not mili- with 2 minutes; Senator BROWNBACK, me regarding the Chemical Weapons tarily useful to us; our defense estab- for 1 minute; Senator KYL, for 1 Convention before us today. lishment can preserve and promote our minute; Senator ASHCROFT, for 2 min- I have concluded that this treaty can national security without them. But as utes. They will be recognized in that advance our security, but only if Ad- of the moment that our instrument of order. ministration matches the rhetoric of ratification is deposited, we will be the The PRESIDING OFFICER. The Sen- arms control with the muscle of politi- first of the countries with a large ator from South Carolina is recognized. cal will. Because, Mr. President, inter- stockpile to ratify. The United States Mr. THURMOND. Mr. President, I national norms without political will is leading. Will other nations follow? want to recognize the work done on do not become norms. Mr. President, I wish to say a few this treaty by the floor managers— The benefits of treaties are measured words about Russia. With the consent both in opposition and in support of on achievements, not intentions. If in- of the Senate today, the Administra- this very important international trea- tentions were all that mattered, all tion will be able to deposit the instru- ty. Both sides have made laudable ar- treaties would be beneficial prima ment of ratification before the April 29 guments in supporting their different facie. By this standard, the Kellogg- deadline, allowing U.S. participation in positions. This subject is one of great Briand Treaty, which outlawed war, or the formation of the Organization for importance. I want to especially com- the 1925 Geneva Convention Against the Prohibition of Chemical Weapons. mend our able majority leader for the the Use of Chemical Weapons, would The U.S. and Russia are the only pow- long hours he spent working with both floor managers and the administration. have been rousing successes. History ers that voluntarily declare they have Mr. President, during the Senate has proven that they were not. But, the chemical weapons. On two occasions Armed Services Committee’s review of success of treaties is measured in re- the Russians have joined us—in the the national security implications of ality, not rhetoric. And the benefits of 1990 Bilateral Destruction Agreement the Chemical Weapons Convention, I this Treaty are measured on a narrow and under the 1989 Wyoming Memoran- raised concerns about the ability of the margin. dum—in bilateral commitments to ex- U.S. to comply with the treaty obliga- It is after a careful parsing of this pose and destroy our stockpiles. As tion to destroy our chemical stockpile margin, and much reflection, that I those who have studied this question within the timeframe stipulated, the have determined that I will vote for know, the record of Russian compli- universality of the treaty, the verifi- the Chemical Weapons Convention. But ance is not good. As those who read the ability of the treaty, and the adminis- I do so with the expectation that this papers and get the briefings know, the tration’s interpretation of the provi- Chief Executive, and subsequent ones, Russian chemical arms capability is sion on the defensive use of riot control must be wholly dedicated to imple- not stagnant. agents by U.S. forces. menting this agreement in a way that President Yeltsin has indicated that During the committee’s hearings on advances U.S. security interests and he wishes the Russian Duma to approve the treaty in August 1994, I took no po- protects U.S. domestic interests. ratification before the April 29 dead- sition on this treaty. I made it clear Mr. President, this Treaty will give line. I hope they do. The Russians need that the administration would have to us some tools—inspections and other to join and participate in the initial convince me that it was in the national data collections—that will enhance our construction of this regime. And we security interests of the United States. knowledge of the threat of chemical need to begin to inspect and expose all I have concerns about statements weapons. The information will not be of our stockpiles. If the Russians are made over the past few weeks, by the comprehensive; it will not apply uni- not part of this Treaty, Mr. President, President and several administration versally. But, if in collecting this infor- this regime may be stillborn, because representatives, that if the United mation we reduce the possibility that the largest stockpile of chemical weap- States does not ratify the Chemical our troops will face a chemical threat, ons in the world exists in the Russian Weapons Convention, that we would be then this is a tangible, defensible goal, Federation. I hope we can work with aligning ourselves on the side of rogue for which anyone could support this the Russians as partners beginning nations, like Iraq and Libya, and Treaty. next week. against our allies. The United States has been a prin- If the Senate gives its consent today, Mr. President, in 1985 the Congress cipal negotiator of this agreement, Mr. President, next week the hard legislated the requirement for the through Republican and Democratic work will begin. The success or failure United States to destroy its chemical administrations. To abandon it now of this regime will not be a function of stockpile, and has reaffirmed that deci- would be to abdicate U.S. leadership. depositing the instrument of ratifica- sion every year since that time. The We are now burdened to support it and tion. It will be a function of imple- Senate agreed to take actions against implement it. The goals are admirable. menting the agreement. I am support- Iraq for attacking its neighbor, and The bridge to achieving those goals, to ing this Convention today because I against Libya for terrorist actions bridging the gap between the idealistic think it can only succeed with U.S. which resulted in the death of Amer- rhetoric and the vexing reality, will be participation—and leadership. It can ican citizens. How can the President, difficult. On that bridge, Mr. President, fail for many reasons, including non- the Secretary of State and other ad- will ride the credibility of the United compliance or nonparticipation by na- ministration representatives liken a States, and, I believe, the credibility of tions around the world. But it won’t decision by the Senate, in its perform- future arms control. Past administra- succeed without U.S. leadership. ance of its constitutional duties to pro- tions have led in the establishment of Leadership will require more than vide advice and consent to inter- this international norm. Future admin- idealistic promises. We must abandon national treaties, to be aligning the istrations will need to verify its legit- the rhetoric of unattainable promises United States with rogue nations? Re- imacy. President Clinton must carry and commit to the reality of national gardless of the outcome of the CWC, S3650 CONGRESSIONAL RECORD — SENATE April 24, 1997 the United States will continue to de- that make weapons, because we are not I believe that prudence and caution stroy its chemical stockpiles. going to make weapons, but into our call out for a ‘‘no’’ vote. By ratifying Last Sunday, the Secretary of De- chemical plants that might be doing this treaty, we spurn the sage advice of fense talked about his recent visit to research on how to defend against former Secretaries of Defense. And I South Korea and the discussions he had chemical weapons. That technology close with the words of one of those about the threat posed to U.S. Forces can then be transferred to the nations Secretaries, Secretary Cheney, who by the chemical weapons in North who would use the chemical weapons. wrote that ‘‘This accord is worse than Korea. He also mentioned General It seems to me that we are unilater- no treaty at all.’’ Tilelli’s support for ratification of the ally disarming ourselves, Mr. Presi- So, while I recognize and applaud the CWC because it would reduce the chem- dent, with a treaty that would say we sincerity and the passion with which ical weapons threat faced by his troops must allow international groups to the advocates of this treaty have spo- in South Korea. come into plants that use chemicals, ken and how they articulated their po- Mr. President, North Korea has not whether it is to make fertilizer or dis- sition, I believe firmly that it is not in signed the CWC. As I read the treaty, infectant, or defenses to chemical the interest of the sovereignty and the none of the provisions will apply to na- weapons, any of those things. An inter- security of the United States. And I tions that have not signed and ratified national group will be able to come in urge a ‘‘no’’ vote on the treaty ratifica- it. Only trade sanctions will apply to and, I think, violate our constitutional tion. countries that have not signed it. Unit- right against search and seizure. I am I yield the floor. ed States ratification of the CWC will concerned that we are hurting our abil- The PRESIDING OFFICER. The not minimize the North Korean chemi- ity to defend our country. Chair recognizes the Senator from Kan- cal weapons threat which face our So, Mr. President, I think we have a sas for 1 minute. United States forces. choice here between America being the Mr. BROWNBACK. Thank you very Mr. President, I cannot support the leader and undercutting our defenses, much, Mr. President. I appreciate that. Mr. President, I join with other Sen- Chemical Weapons Convention. I appre- or standing on principle and protecting ators noting how extremely difficult ciate the efforts made by the White our security. Mr. President, I just don’t and important this decision is to vote House to work out conditions to the think there is a choice. We must stand for treaty ratification. I have taken it resolution of ratification that respond on principle. So that if our young men very seriously, as well as everybody to concerns raised about the treaty and women in the field are attacked by else. I have read the entire treaty. I sat made by Members of the Senate. How- chemical weapons by those who will down and thought it through. I have ever, I do not believe they go far not sign this treaty, we will surely talked with people. I have talked with enough. I remain concerned about the have the defenses to protect them; and President Bush, Bob Dole, Colin Pow- ability of the intelligence community so that we will keep the ability in our ell, Casper Weinberger, James Schles- to verify compliance with the treaty. country to have the strength to fight inger, Richard Perle, and my 9-year-old Rogue nations which pose a military the chemical weapons that will be pro- son, too, who I think has a stake in and terrorist threat to the United duced, that we know are being pro- this as well. States have not signed the treaty, and duced right now, by nations who will I find it a terribly tough call to make most likely will not sign it. I am also not abide by this treaty. on this treaty; a tough one to be able concerned about the potential com- So I do not buy the argument that we to decide what is in the best interest promise of U.S. defensive capability are better off with this treaty than and ultimately what will get the fewest through potential transfers of chemical without it. In fact, I think we are hurt- chemical weapons used in this world. defensive protective equipment, mate- ing our ability to combat the rogue na- That to me is the real litmus test rial or information under article X and tions, the terrorist nations with whom issue. What is going to make the world article XI. we are dealing all over the world, and safer is when we are going to have It is for these reasons that I cannot I could not vote in good conscience to fewer chemical weapons used in the vote for this treaty. do that. Thank you. world. The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- I would like to bare to the body that Chair recognizes the Senator from ator from Arkansas is recognized. I chair the Middle East Subcommittee Texas for 5 minutes. Mr. HUTCHINSON. Mr. President, I of the Foreign Relations Committee. Mrs. HUTCHISON. Mr. President, I want to especially applaud this evening We held a hearing just last week on respect everyone who is going to vote the Senator from North Carolina and U.S. policy toward Iran. Our policy has today for the position that they are the Senator from Arizona for their cou- failed to stop them from receiving taking because I know that it is sin- rageous opposition to this treaty. I weapons of mass destruction, particu- cere. I respect the people who have also want to recognize the good and pa- larly chemical weapons. The Iranians come out for this convention treaty— triotic Americans and Senators who are receiving precursor chemical weap- the former Presidents—and I respect have differed on this treaty and have ons from the Chinese. the people who have come out against come down to different places on how May I have an additional minute and the treaty, the former Secretaries of they are going to vote. a half? Defense. But this treaty is not about who is Mr. HELMS. Please. Yes. It comes down, for me, to a basic committed to and who believes in the Mr. BROWNBACK. I thank the chair- question, and that is: Do we believe elimination of chemical warfare in this man very much. that international conventions and world. I believe all of us are equally As I mentioned in our hearing last conferences keep us safe at night? Or committed to that goal. week, it was noted and pointed out do we believe a strong national defense I rise in opposition to the CWC be- that the Iranians have received chemi- is what keeps us safe at night and what cause I simply believe that it is a cal weapons, precursor chemical weap- has served us so well for this century? flawed treaty in which we claim to ver- ons, from the Chinese and from other Mr. President, I think it is a commit- ify the unverifiable, we are ratifying sources. ment to a strong national defense, and the unenforceable, and we are trusting I have reluctantly but clearly con- I have decided, reluctantly, to vote the untrustworthy. We are binding our- cluded that Iran would be more likely against this convention treaty because selves and our friends, while those that to obtain and use chemical weapons if I believe this does more to harm our we should be most concerned about go we enter into this Chemical Weapons strength and our national defense than unrestrained and undeterred. When ad- Convention with article X in place, it does to help it. dressing the ratification of a treaty, we which is currently how it sits; that Mr. President, we have seen our al- in this body are executing one of our they will be more likely to get and use lies transfer nuclear technology that most solemn duties. When addressing chemical weapons, weapons of mass de- can be made into weapons to rogue na- our Nation’s security and when ad- struction. Iran is our erstwhile terror- tions. So now we have a treaty that dressing our Nation’s sovereignty, our ist enemy. will allow people to come into our watch words should be ‘‘prudence’’ and I spoke to Colin Powell. He noted chemical plants—not chemical plants ‘‘caution.’’ that chemical weapons today are the April 24, 1997 CONGRESSIONAL RECORD — SENATE S3651 weapons of choice, primarily, for ter- As a result, I think it is ill-advised Mr. President, I will vote for advice rorists. These are primarily weapons for us to accept assurances which and consent of this treaty so the Presi- used by terrorists. That certainly fits would mislead us. We need to read the dent can ratify it. the Iranians. treaty, and the treaty is not one which I yield the remainder of my time. So that is why I have, unfortunately, merits our approval. The PRESIDING OFFICER. Who reluctantly yet clearly, decided that The PRESIDING OFFICER. The yields time? with article X in it and with the likeli- Chair recognizes the Senator from Ari- Mr. HELMS. Mr. President, I, on be- hood of that being used by the Ira- zona for 1 minute. half of the leader’s time and any other nians, that this treaty would actually Mr. KYL. Mr. President, let me begin time that may be assigned to me, yield cause more chemical weapons to be by thanking Senator HELMS and Sen- the remainder of time. The PRESIDING OFFICER. The used by people that we don’t want; by ator BIDEN, the floor managers of this question is on agreeing to the resolu- terrorist regimes such as the Iranians. treaty, for the work they did in bring- tion of ratification. On this question, Therefore, I will have to vote against ing it before us. the yeas and nays have been ordered, this treaty. Mr. President, I share the hope of the and the clerk will call the roll. The PRESIDING OFFICER. The supporters of this treaty that it will The legislative clerk called the roll. Chair recognizes the Senator from Mis- help end the proliferation of chemical The yeas and nays resulted—yeas 74, souri. weapons. I believe, however, that his- nays 26, as follows: Mr. ASHCROFT. Mr. President, I tory will record this treaty as one of [Rollcall Vote No. 51 Ex.] thank you for this opportunity to the most well-intentioned yet least ef- YEAS—74 make some comments in regard to this fective in our history. My hope is that Abraham Feinstein McCain serious matter. we will not relax our efforts in other Akaka Ford McConnell None of us has any affection for ways to reduce this threat, that we will Baucus Frist Mikulski chemical weapons. Each of us hates not be lulled into a sense of security Biden Glenn Moseley-Braun chemical weapons. We would all like to when it is ratified. Bingaman Gorton Moynihan Boxer Graham Murkowski see chemical weapons abolished. None With the protections in the original Breaux Gregg Murray of us would like to see chemical weap- resolution of ratification, I voted for Bryan Hagel Reed ons used. We would all like to believe the treaty. But the protections having Bumpers Harkin Reid the statements of prominent experts Byrd Hatch Robb been stricken, I must vote ‘‘no.’’ Chafee Hollings Roberts that have been made about this treaty. The PRESIDING OFFICER. The Cleland Inouye Rockefeller We would all like to embrace the assur- Chair recognizes the Senator from Coats Jeffords Roth ances of the President that, if some- North Carolina. Cochran Johnson Santorum Collins Kennedy Sarbanes thing goes wrong, the treaty could be Mr. HELMS. Mr. President, Senators Conrad Kerrey Smith (OR) something easily walked away from. will be glad to hear this. D’Amato Kerry Snowe But, in spite of all our aspirations, in I ask for the yeas and nays on the Daschle Kohl Specter spite of all of our desires, and in spite final vote in the Senate. DeWine Landrieu Stevens Dodd Lautenberg Thomas of all our hopes, there is one reality The PRESIDING OFFICER. Is there a Domenici Leahy Torricelli which will persist; and that reality is sufficient second? Dorgan Levin Warner the language of the treaty itself. Long There is a sufficient second. Durbin Lieberman Wellstone Enzi Lott Wyden after the assurances have stopped echo- The yeas and nays were ordered. Feingold Lugar ing through this Chamber, long after Mr. LEAHY addressed the Chair. the President has left office, who is The PRESIDING OFFICER. The Sen- NAYS—26 trying to assuage the fears of those ator from Vermont. Allard Faircloth Kyl Ashcroft Gramm Mack who have misgivings about this treaty, Mr. LEAHY. Mr. President, how Bennett Grams Nickles the black and white letters of the trea- much time remains to the Senator Bond Grassley Sessions ty itself will be the controlling compo- from Vermont? Brownback Helms Shelby The PRESIDING OFFICER. The Sen- Burns Hutchinson Smith (NH) nents of what happens. And the thing Campbell Hutchison Thompson 1 that gives me great pause is that the ator from Vermont has 8 ⁄2 minutes. Coverdell Inhofe Thurmond treaty will remain. Mr. LEAHY. Mr. President, I will not Craig Kempthorne There are the requirements, particu- use all of that time, only to say this. The VICE PRESIDENT. On this vote, larly in articles X and XI of the treaty, We will advise and consent so the the yeas are 74, the nays are 26. Two- which require us to share technology, President can ratify this treaty. I truly thirds of the Senators present having to share information, and to share, in believe we will. It will show the moral voted in the affirmative, the resolution particular, the defensive technology of leadership that the Senate should show of ratification is agreed to. chemical weaponry. There is an anom- and that the United States should The resolution of ratification, as aly in chemical weaponry which is show. We will act as the conscience of amended, was agreed to, as follows: challenging. It is that when you pro- this Nation, and we will advise and Resolved, (two-thirds of the Senators present vide the defensive technology for consent to this treaty. We will show concurring therein), chemical weapons, you are providing the moral leadership because we began SECTION 1. SENATE ADVICE AND CONSENT SUB- one of the essential components of de- this by saying we would act unilater- JECT TO CONDITIONS. ally, if need be, renouncing our own use The Senate advises and consents to the livering chemical weapons. No one can ratification of the Chemical Weapons Con- deliver chemical weapons, unless it is of chemical weapons with or without a vention (as defined in section 3 of this reso- launched by a missile, without having treaty. That was true leadership. lution), subject to the conditions in section to have all the technologies of how to Not all countries are going to join 2. defend against the chemistry of the with us. But most did join with us on SECTION 2. CONDITIONS. weapons. this, and we should be proud of that The Senate’s advice and consent to the The PRESIDING OFFICER. The Sen- leadership that brought them together. ratification of the Chemical Weapons Con- ator’s time has expired. We will never have all of the countries vention is subject to the following conditions, which shall be binding upon the Presi- Mr. ASHCROFT. I ask for 30 addi- with us, but we know that it is in the dent: tional seconds. best interests of the United States to (1) EFFECT OF ARTICLE XXII.—Upon the de- If a rogue state wants to deliver do this. posit of the United States instrument of chemical weapons, one of the things I suggest, after we do this, Mr. Presi- ratification, the President shall certify to they need to do is to acquire the defen- dent, that we should again look at the the Congress that the United States has in- sive technology to defend against them question of antipersonnel landmines formed all other States Parties to the Con- and to protect their own soldiers in de- and show the same moral leadership to vention that the Senate reserves the right, pursuant to the Constitution of the United livery. That seems to me one of the get countries to join with us—not all States, to give its advice and consent to rati- substantial problems contained in arti- countries will—to ban antipersonnel fication of the Convention subject to res- cles X and XI. The risks far exceed the landmines which kill and injure far ervations, notwithstanding Article XXII of benefits. more people than chemical weapons. the Convention. S3652 CONGRESSIONAL RECORD — SENATE April 24, 1997

(2) FINANCIAL CONTRIBUTIONS.—Notwith- pendent entity) established by the Organiza- (I) IN GENERAL.—The Director of Central standing any provision of the Convention, no tion to conduct and supervise objective au- Intelligence may waive the application of funds may be drawn from the Treasury of the dits, inspections, and investigations relating clause (i) if the Director of Central Intel- United States for any payment or assistance to the programs and operations of the Orga- ligence certifies in writing to the appro- (including the transfer of in-kind items) nization. priate committees of Congress that provid- under paragraph 16 of Article IV, paragraph (4) COST SHARING ARRANGEMENTS.— ing such information to the Organization or 19 of Article V, paragraph 7 of Article VIII, (A) ANNUAL REPORTS.—Prior to the deposit an organization affiliated with the Organiza- paragraph 23 of Article IX, Article X, or any of the United States instrument of ratification, or to any official or employee thereof, other provision of the Convention, without tion, and annually thereafter, the President is in the vital national security interests of statutory authorization and appropriation. shall submit a report to Congress identifying the United States and that all possible meas- (3) ESTABLISHMENT OF AN INTERNAL OVER- all cost-sharing arrangements with the Orga- ures to protect such information have been SIGHT OFFICE.— nization. taken, except that such waiver must be made (A) CERTIFICATION.—Not later than 240 days (B) COST-SHARING ARRANGEMENT RE- for each instance such information is pro- after the deposit of the United States instru- QUIRED.—The United States shall not under- vided, or for each such document provided. ment of ratification, the President shall cer- take any new research or development ex- In the event that multiple waivers are issued tify to the Congress that the current inter- penditures for the primary purpose of refin- within a single week, a single certification nal audit office of the Preparatory Commis- ing or improving the Organization’s regime to the appropriate committees of Congress sion has been expanded into an independent for verification of compliance under the Con- may be submitted, specifying each waiver is- internal oversight office whose functions vention, including the training of inspectors sued during that week. will be transferred to the Organization for and the provision of detection equipment and (II) DELEGATION OF DUTIES.—The Director of Central Intelligence may not delegate any the Prohibition of Chemical Weapons upon on-site analysis sampling and analysis tech- duty of the Director under this paragraph. the establishment of the Organization. The niques, or share the articles, items, or serv- (B) PERIODIC AND SPECIAL REPORTS.— ices resulting from any research and develop- independent internal oversight office shall (i) IN GENERAL.—The President shall report be obligated to protect confidential informa- ment undertaken previously, without first periodically, but not less frequently than tion pursuant to the obligations of the Con- having concluded and submitted to the Con- semiannually, to the Select Committee on fidentiality Annex. The independent internal gress a cost-sharing arrangement with the Intelligence of the Senate and the Perma- oversight office shall— Organization. nent Select Committee on Intelligence of the (i) make investigations and reports relat- (C) CONSTRUCTION.—Nothing in this para- House of Representatives on the types and ing to all programs of the Organization; graph may be construed as limiting or con- volume of intelligence information provided (ii) undertake both management and finan- stricting in any way the ability of the Unit- to the Organization or affiliated organiza- cial audits, including— ed States to pursue unilaterally any project tions and the purposes for which it was pro- (I) an annual assessment verifying that undertaken solely to increase the capability vided during the period covered by the re- classified and confidential information is of the United States means for monitoring port. stored and handled securely pursuant to the compliance with the Convention. (ii) EXEMPTION.—For purposes of this sub- general obligations set forth in Article VIII (5) INTELLIGENCE SHARING AND SAFE- paragraph, intelligence information provided and in accordance with all provisions of the GUARDS.— to the Organization or affiliated organiza- Annex on the Protection of Confidential In- (A) PROVISION OF INTELLIGENCE INFORMA- tions does not cover information that is pro- formation; and TION TO THE ORGANIZATION.— vided only to, and only for the use of, appro- (II) an annual assessment of laboratories (i) IN GENERAL.—No United States intel- priately cleared United States Government established pursuant to paragraph 55 of Part ligence information may be provided to the personnel serving with the Organization or II of the Verification Annex to ensure that Organization or any organization affiliated an affiliated organization. the Director General of the Technical Sec- with the Organization, or to any official or (C) SPECIAL REPORTS.— retariat is carrying out his functions pursu- employee thereof, unless the President cer- (i) REPORT ON PROCEDURES.—Accompanying ant to paragraph 56 of Part II of the Verifica- tifies to the appropriate committees of Con- the certification provided pursuant to sub- tion Annex; gress that the Director of Central Intel- paragraph (A)(i), the President shall provide (iii) undertake performance evaluations ligence, in consultation with the Secretary a detailed report to the Select Committee on annually to ensure the Organization has of State and the Secretary of Defense, has Intelligence of the Senate and the Perma- complied to the extent practicable with the established and implemented procedures, and nent Select Committee on Intelligence of the recommendations of the independent inter- has worked with the Organization or other House of Representatives identifying the nal oversight office; such organization, as the case may be to en- procedures established for protecting intel- (iv) have access to all records relating to sure implementation of procedures, for pro- ligence sources and methods when intel- the programs and operations of the Organiza- tecting from unauthorized disclosure United ligence information is provided pursuant to tion; States intelligence sources and methods con- this section. (v) have direct and prompt access to any nected to such information. These proce- (ii) REPORTS ON UNAUTHORIZED DISCLO- official of the Organization; and dures shall include the requirement of— SURES.—The President shall submit a report (vi) be required to protect the identity of, (I) the offer and provision if accepted of ad- to the Select Committee on Intelligence of and prevent reprisals against, all complain- vice and assistance to the Organization or the Senate and the Permanent Select Com- ants. the affiliated organization in establishing mittee on Intelligence of the House of Rep- (B) COMPLIANCE WITH RECOMMENDATIONS.— and maintaining the necessary measures to resentatives within 15 days after it has be- The Organization shall ensure, to the extent ensure that inspectors and other staff mem- come known to the United States Govern- practicable, compliance with recommenda- bers of the Technical Secretariat meet the ment regarding any unauthorized disclosure tions of the independent internal oversight highest standards of efficiency, competence, of intelligence provided by the United States office, and shall ensure that annual and and integrity, pursuant to paragraph 1(b) of to the Organization. other relevant reports by the independent in- the Confidentiality Annex, and in establish- (D) DELEGATION OF DUTIES.—The President ternal oversight office are made available to ing and maintaining a stringent regime gov- may not delegate or assign the duties of the President under this section. all member states pursuant to the require- erning the handling of confidential informa- (E) RELATIONSHIP TO EXISTING LAW.—Noth- ments established in the Confidentiality tion by the Technical Secretariat, pursuant ing in this paragraph may be construed to— Annex. to paragraph 2 of the Confidentiality Annex; (i) impair of otherwise affect the authority (C) WITHHOLDING A PORTION OF CONTRIBU- (II) a determination that any unauthorized of the Director of Central Intelligence to TIONS.—Until a certification is made under disclosure of United States intelligence in- protect intelligence sources and methods subparagraph (A), 50 percent of the amount formation to be provided to the Organization from unauthorized disclosure pursuant to of United States contributions to the regular or any organization affiliated with the Orga- section 103(c)(5) of the National Security Act budget of the Organization assessed pursuant nization, or any official or employee thereof, of 1947 (50 U.S.C. 403–3(c)(5)); or to paragraph 7 of Article VIII shall be with- would result in no more than minimal dam- (ii) supersede or otherwise affect the provi- held from disbursement, in addition to any age to United States national security, in sions of title V of the National Security Act other amounts required to be withheld from light of the risks of the unauthorized disclo- of 1947 (50 U.S.C. 413 et seq.). disbursement by any other provision of law. sure of such information; (F) DEFINITIONS.—In this section: (D) ASSESSMENT OF FIRST YEAR CONTRIBU- (III) sanitization of intelligence informa- (i) APPROPRIATE COMMITTEES OF CON- TIONS.—Notwithstanding the requirements of tion that is to be provided to the Organiza- GRESS.—The term ‘‘appropriate committees this paragraph, for the first year of the Orga- tion or the affiliated organization to remove of Congress’’ means the Committee on For- nization’s operation, ending on April 29, 1998, all information that could betray intel- eign Relations and the Select Committee on the United States shall make its full con- ligence sources and methods; and Intelligence of the Senate and the Commit- tribution to the regular budget of the Orga- (IV) interagency United States intelligence tee on International Relations and the Per- nization assessed pursuant to paragraph 7 of community approval for any release of intel- manent Select Committee on Intelligence of Article VIII. ligence information to the Organization or the House of Representatives. (E) DEFINITION.—For purposes of this para- the affiliated organization, no matter how (ii) ORGANIZATION.—The term ‘‘Organiza- graph, the term ‘‘internal oversight office’’ thoroughly it has been sanitized. tion’’ means the Organization for the Prohi- means an independent office (or other inde- (ii) WAIVER AUTHORITY.— bition of Chemical Weapons established April 24, 1997 CONGRESSIONAL RECORD — SENATE S3653 under the Convention and includes any organ (II) the Australia Group remains a viable nificantly harmed by the limitations of the of that Organization and any board or work- mechanism for limiting the spread of chemi- Convention on access to, and production of, ing group, such as the Scientific Advisory cal and biological weapons-related materials those chemicals and toxins listed in Sched- Board, that may be established by it and any and technology, and that the effectiveness of ule 1 of the Annex on Chemicals. official or employee thereof. the Australia Group has not been under- (10) MONITORING AND VERIFICATION OF COM- (iii) ORGANIZATION AFFILIATED WITH THE OR- mined by changes in membership, lack of PLIANCE.— GANIZATION.—The terms ‘‘organization affili- compliance with common export controls (A) DECLARATION.—The Senate declares ated with the Organization’’ and ‘‘affiliated and nonproliferation measures, or the weak- that— organizations’’ include the Provisional Tech- ening of common controls and nonprolifera- (i) the Convention is in the interests of the nical Secretariat under the Convention and tion measures, in force as of the date of rati- United States only if all State Parties are in any laboratory certified by the Director- fication of the Convention by the United strict compliance with the terms of the Con- General of the Technical Secretariat as des- States. vention as submitted to the Senate for its ignated to perform analytical or other func- (ii) CONSULTATION WITH SENATE REQUIRED.— advice and consent to ratification, such com- tions and any official or employee thereof. In the event that the President is, at any pliance being measured by performance and (6) AMENDMENTS TO THE CONVENTION.— time, unable to make the certifications de- not by efforts, intentions, or commitments (A) VOTING REPRESENTATION OF THE UNITED scribed in clause (i), the President shall con- to comply; and STATES.—A United States representative will sult with the Senate for the purposes of ob- be present at all Amendment Conferences (ii) the Senate expects all State Parties to taining a resolution of support for continued be in strict compliance with their obliga- and will cast a vote, either affirmative or adherence to the Convention, notwithstand- negative, on all proposed amendments made tions under the terms of the Convention, as ing the fundamental change in circumstance. submitted to the Senate for its advice and at such conferences. (D) PERIODIC CONSULTATION WITH CONGRES- (B) SUBMISSION OF AMENDMENTS AS TREA- consent to ratification; SIONAL COMMITTEES.—The President shall TIES.—The President shall submit to the (B) BRIEFINGS ON COMPLIANCE.—Given its consult periodically, but not less frequently Senate for its advice and consent to ratifica- concern about the intelligence community’s than twice a year, with the Committee on tion under Article II, Section 2, Clause 2 of low level of confidence in its ability to mon- Foreign Relations of the Senate and the the Constitution of the United States any itor compliance with the Convention, the Committee on International Relations of the amendment to the Convention adopted by an Senate expects the executive branch of the House of Representatives, on Australia Amendment Conference. Government to offer regular briefings, not Group export control and nonproliferation (7) CONTINUING VITALITY OF THE AUSTRALIA less than four times a year, to the Commit- measures. If any Australia Group member GROUP AND NATIONAL EXPORT CONTROLS.— tee on Foreign Relations of the Senate and (A) DECLARATION.—The Senate declares adopts a position at variance with the cer- the Committee on International Relations of that the collapse of the informal forum of tifications and understandings provided the House of Representatives on compliance states known as the ‘‘Australia Group,’’ ei- under subparagraph (B), or should seek to issues related to the Convention. Such brief- ther through changes in membership or lack gain Australia Group acquiescence or ap- ings shall include a description of all United of compliance with common export controls, proval for an interpretation that various States efforts in bilateral and multilateral or the substantial weakening of common provisions of the Convention require it to re- diplomatic channels and forums to resolve Australia Group export controls and non- move chemical-weapons related export con- compliance issues and shall include a com- proliferation measures in force on the date of trols against any State Party to the Conven- plete description of— United States ratification of the Convention, tion, the President shall block any effort by (i) any compliance issues the United States would constitute a fundamental change in the Australia Group member to secure Aus- plans to raise at meetings of the Organiza- circumstances affecting the object and pur- tralia Group approval of such a position or tion, in advance of such meetings; pose of the Convention. interpretation. (ii) any compliance issues raised at meet- (B) CERTIFICATION REQUIREMENT.—Prior to (E) DEFINITIONS.—In this paragraph. ings of the Organization, within 30 days of (i) AUSTRALIA GROUP.—The term ‘‘Aus- the deposit of the United States instrument such meeting; tralia Group’’ means the informal forum of of ratification, the President shall certify to (iii) any determination by the President states, chaired by Australia, whose goal is to Congress that— that a State Party is in noncompliance with discourage and impede chemical and biologi- (i) nothing in the Convention obligates the or is otherwise acting in a manner inconsist- cal weapons proliferation by harmonizing na- United States to accept any modification, ent with the object or purpose of the Conven- tional export controls, chemical weapons change in scope, or weakening of its national tion, within 30 days of such a determination. precursor chemicals, biological weapons export controls; (C) ANNUAL REPORTS ON COMPLIANCE.—The pathogens, and dual-use production equip- (ii) the United States understands that the President shall submit on January 1 of each ment, and through other measures. maintenance of national restrictions on year to the Committee on Foreign Relations (ii) HIGHEST DIPLOMATIC LEVELS.—The term trade in chemicals and chemical production of the Senate and the Committee on Inter- technology is fully compatible with the pro- ‘‘highest diplomatic levels’’ means at the levels of senior officials with the power to national Relations of the House of Rep- visions of the Convention, including Article resentatives a full and complete classified XI(2), and solely within the sovereign juris- authoritatively represent their governments, and does not include diplomatic representa- and unclassified report setting forth— diction of the United States; (i) a certification of those countries in- (iii) the Convention preserves the right of tives of these governments to the United cluded in the Intelligence Community’s Mon- State Parties, unilaterally or collectively, to States. itoring Strategy, as set forth by the Director maintain or impose export controls on (8) NEGATIVE SECURITY ASSURANCES.— of Central Intelligence’s Arms Control Staff chemicals and related chemical production (A) REEVALATION.—In forswearing under and the National Intelligence Council (or technology for foreign policy or national se- the Convention the possession of a chemical any successor document setting forth intel- curity reasons, notwithstanding Article weapons retaliatory capability, the Senate ligence priorities in the field of the prolifera- XI(2); and understands that deterrence of attack by (iv) each Australia Group member, at the chemical weapons requires a reevaluation of tion of weapons of mass destruction) that are highest diplomatic levels, has officially com- the negative security assurances extended to determined to be in compliance with the municated to the United States Government non-nuclear-weapon states. Convention, on a country-by-country basis; its understanding and agreement that export (B) CLASSIFIED REPORT.—Accordingly, 180 (ii) for those countries not certified pursu- control and nonproliferation measures which days after the deposit of the United States ant to clause (i), an identification and as- the Australia Group has undertaken are instrument of ratification, the President sessment of all compliance issues arising fully compatible with the provisions of the shall submit to the Congress a classified re- with regard to the adherence of the country Convention, including Article XI(2), and its port setting forth the findings of a detailed to its obligations under the Convention; commitment to maintain in the future such review of United States policy on negative (iii) the steps the United States has taken, export controls and nonproliferation meas- security assurances, including a determina- either unilaterally or in conjunction with ures against non-Australia Group members. tion of the appropriate responses to the use another State Party— (C) ANNUAL CERTIFICATION.— of chemical or biological weapons against (I) to initiate challenge inspections of the (i) EFFECTIVENESS OF AUSTRALIA GROUP.— the Armed Forces of the United States, Unit- noncompliant party with the objective of The President shall certify to Congress on an ed States citizens and allies, and third par- demonstrating to the international commu- annual basis that— ties. nity the act of noncompliance; (I) Australia Group members continue to (9) PROTECTION OF ADVANCED BIO- (II) to call attention publicly to the activ- maintain an equally effective or more com- TECHNOLOGY.—Prior to the deposit of the ity in question; and prehensive control over the export of toxic United States instrument of ratification, and (III) to seek on an urgent basis a meeting chemicals and their precursors, dual-use on January 1 of every year thereafter, the at the highest diplomatic level with the non- processing equipment, human, animal and President shall certify to the Committee on compliant party with the objective of bring- plant pathogens and toxins with potential bi- Foreign Relations and the Speaker of the ing the noncompliant party into compliance; ological weapons application, and dual-use House of Representatives that the legitimate (iv) a determination of the military signifi- biological equipment, as that afforded by the commercial activities and interests of chem- cance and broader security risks arising Australia Group as of the date of ratification ical, biotechnology, and pharmaceutical from any compliance issue identified pursu- of the Convention by the United States; and firms in the United States are not being sig- ant to clause (ii); and S3654 CONGRESSIONAL RECORD — SENATE April 24, 1997 (v) a detailed assessment of the responses (ii) an identification of the priorities of the ly regional coalition partners, including of the noncompliant party in question to ac- executive branch of Government for the de- those countries where the United States cur- tion undertaken by the United States development of new resources relating to de- rently deploys forces, where United States scribed in clause (iii). tection and monitoring capabilities with re- forces would likely operate during regional (D) COUNTRIES PREVIOUSLY INCLUDED IN spect to chemical and biological weapons, in- conflicts, or which would provide civilians COMPLIANCE REPORTS.—For any country that cluding a description of the steps being necessary to support United States military was previously included in a report submit- taken and resources being devoted to operations, to determine what steps are nected under subparagraph (C), but which subse- strengthening United States monitoring ca- essary to ensure that allied and coalition quently is not included in the Intelligence pabilities. forces and other critical civilians are ade- Community’s Monitoring Strategy (or suc- (11) ENHANCEMENTS TO ROBUST CHEMICAL quately equipped and prepared to operate in cessor document), such country shall con- AND BIOLOGICAL DEFENSES.— chemically and biologically contaminated tinue to be included in the report submitted (A) SENSE OF THE SENATE.—It is the sense environments. under subparagraph (C) unless the country of the Senate that— (ii) REPORTING REQUIREMENT.—Not later has been certified under subparagraph (C)(i) (i) chemical and biological threats to de- than one year after deposit of the United for each of the previous two years. ployed United States Armed Forces will con- States instrument of ratification, the Sec- (E) FORM OF CERTIFICATIONS.—For those tinue to grow in regions of concern around retaries of Defense and State shall submit a countries that have been publicly and offi- the world, and pose serious threats to United report to the Committees on Foreign Rela- cially identified by a representative of the States power projection and forward deploy- tions and Armed Services of the Senate and intelligence community as possessing or ment strategies; to the Speaker of the House of Representa- seeking to develop chemical weapons, the (ii) chemical weapons or biological weap- tives on the result of these discussions, plans certification described in subparagraph (C)(i) ons use is a potential element of future con- for future discussions, measures agreed to shall be in unclassified form. flicts in regions of concern; improve the preparedness of foreign forces (F) ANNUAL REPORTS ON INTELLIGENCE.—On (iii) it is essential for the United States and civilians, and proposals for increased January 1, 1998, and annually thereafter, the and key regional allies to preserve and fur- military assistance, including through the Director of Central Intelligence shall submit ther develop robust chemical and biological Foreign Military Sales and Foreign Military Financing under the Arms Export Control to the Committees on Foreign Relations, defenses; Armed Services, and the Select Committee (iv) the United States Armed Forces are in- Act, and the International Military Edu- cation and Training programs pursuant to on Intelligence of the Senate and to the adequately equipped, organized, trained and the Foreign Assistance Act of 1961. Committees on International Relations, Na- exercised for chemical and biological defense (D) UNITED STATES ARMY CHEMICAL tional Security, and Permanent Select Com- against current and expected threats, and SCHOOL.—The Secretary of Defense shall take mittee on Intelligence of the House of Rep- that too much reliance is placed on non-ac- resentatives a full and complete classified those actions necessary to ensure that the tive duty forces, which receive less training United States Army Chemical School re- and unclassified report regarding— and less modern equipment, for critical (i) the status of chemical weapons develop- mains under the oversight of a general offi- chemical and biological defense capabilities; cer of the United States Army. ment, production, stockpiling, and use, with- (v) the lack of readiness stems from a de- in the meanings of those terms under the (E) SENSE OF THE SENATE.—Given its con- emphasis of chemical and biological defenses Convention, on a country-by-country basis; cerns about the present state of chemical within the executive branch of Government (ii) any information made available to the and biological defense readiness and train- United States Government concerning the and the United States Armed Forces; ing, it is the sense of the Senate that— (vi) the armed forces of key regional allies development, production, acquisition, stock- (i) in the transfer, consolidation, and reor- and likely coalition partners, as well as ci- piling, retention, use, or direct or indirect ganization of the United States Army Chem- vilians necessary to support United States transfer of novel agents, including any uni- ical School, the Army should not disrupt or tary or binary chemical weapon comprised of military operations, are inadequately pre- diminish the training and readiness of the chemical components not identified on the pared and equipped to carry out essential United States Armed Forces to fight in a schedules of the Annex on Chemicals, on a missions in chemically and biologically con- chemical-biological warfare environment; (ii) the Army should continue to operate country-by-country basis; taminated environments; (iii) the extent of trade in chemicals poten- (vii) congressional direction contained in the Chemical Defense Training Facility at Fort McClellan until such time as the re- tially relevant to chemical weapons pro- the Defense Against Weapons of Mass De- placement training facility at Fort Leonard grams, including all Australia Group chemi- struction Act of 1996 (title XIV of Public Law Wood is functional. cals and chemicals identified on the sched- 104–201) should lead to enhanced domestic (F) ANNUAL REPORTS ON CHEMICAL AND BIO- ules of the Annex on Chemicals, on a coun- preparedness to protect against chemical and biological weapons threats; and LOGICAL WEAPONS DEFENSE ACTIVITIES.—On try-by-country basis; January 1, 1998, and annually thereafter, the (iv) the monitoring responsibilities, prac- (viii) the United States Armed Forces President shall submit a report to the Com- tices, and strategies of the intelligence com- should place increased emphasis on potential mittees on Foreign Relations, Appropria- munity (as defined in section 3(4) of the Na- threats to forces deployed abroad and, in tions, and Armed Services of the Senate and tional Security Act of 1947) and a determina- particular, make countering chemical and the Committees on International Relations, tion of the level of confidence of the intel- biological weapons use an organizing principle for United States defense strategy and National Security, and Appropriations of the ligence community with respect to each spe- House of Representatives, and the Speaker of cific monitoring task undertaken, including development of force structure, doctrine, planning, training, and exercising policies of the House of Representatives on previous, an assessment by the intelligence commu- current, and planned chemical and biological the United States Armed Forces. nity of the national aggregate data provided weapons defense activities. The report shall (B) ACTIONS TO STRENGTHEN DEFENSE CAPA- by State Parties to the Organization, on a contain for the previous fiscal year and for BILITIES.—The Secretary of Defense shall country-by-country basis; the next three fiscal years— (v) an identification of how United States take those actions necessary to ensure that (i) proposed solutions to each of the defi- national intelligence means, including na- the United States Armed Forces are capable ciencies in chemical and biological warfare tional technical means and human intel- of carrying out required military missions in defenses identified in the March 1996 report ligence, are being marshaled together with United States regional contingency plans, of the General Accounting Office entitled the Convention’s verification provisions to despite the threat or use of chemical or bio- ‘‘Chemical and Biological Defense: Emphasis monitor compliance with the Convention; logical weapons. In particular, the Secretary Remains Insufficient to Resolve Continuing and of Defense shall ensure that the United Problems’’, and steps being taken pursuant (vi) the identification of chemical weapons States Armed Forces are effectively to subparagraph (B) to ensure that the Unit- development, production, stockpiling, or use, equipped, organized, trained, and exercised ed States Armed Forces are capable of con- within the meanings of those terms under (including at the large unit and theater ducting required military operations to en- the Convention, by subnational groups, in- level) to conduct operations in a chemically sure the success of United States regional cluding terrorist and paramilitary organiza- or biologically contaminated environment contingency plans despite the threat or use tions. that are critical to the success of the United of chemical or biological weapons; (G) REPORTS ON RESOURCES FOR MONITOR- States military plans in regional conflicts, (ii) identification of the priorities of the ING.—Each report required under subpara- including— executive branch of Government in the de- graph (F) shall include a full and complete (i) deployment, logistics, and reinforce- velopment of both active and passive chemi- classified annex submitted solely to the Se- ment operations at key ports and airfields; cal and biological defenses; lect Committee on Intelligence of the Senate (ii) sustained combat aircraft sortie gen- (iii) a detailed summary of all budget ac- and to the Permanent Select Committee on eration at critical regional airbases; and tivities associated with the research, devel- Intelligence of the House of Representatives (iii) ground force maneuvers of large units opment, testing, and evaluation of chemical regarding— and divisions. and biological defense programs; (i) a detailed and specific identification of (C) DISCUSSIONS WITH REGIONAL ALLIES AND (iv) a detailed summary of expenditures on all United States resources devoted to mon- LIKELY COALITION PARTNERS.— research, development, testing, and evalua- itoring the Convention, including informa- (i) IN GENERAL.—The Secretaries of Defense tion, and procurement of chemical and bio- tion on all expenditures associated with the and State shall, as a priority matter, initiate logical defenses by fiscal years defense pro- monitoring of the Convention; and discussions with key regional allies and like- grams, department, and agency; April 24, 1997 CONGRESSIONAL RECORD — SENATE S3655 (v) a detailed assessment of current and tion of the Convention in any other manner support assistance) of the Foreign Assistance projected vaccine production capabilities so as to threaten the national security inter- Act of 1961— and vaccine stocks, including progress in re- ests of the United States, then the President (i) no assistance under paragraph 7(b) of searching and developing a multivalent vac- shall— Article X will be provided to the State cine; (i) consult with the Senate, and promptly Party; and (vi) a detailed assessment of procedures submit to it, a report detailing the effect of (ii) no assistance under paragraph 7(c) of and capabilities necessary to protect and de- such actions; Article X other than medical antidotes and contaminate infrastructure to reinforce (ii) seek on an urgent basis a challenge in- treatment will be provided to the State United States power-projection forces, inspection of the facilities of the relevant Party. cluding progress in developing a nonaqueous party in accordance with the provisions of (16) PROTECTION OF CONFIDENTIAL INFORMA- chemical decontamination capability; the Convention with the objective of dem- TION.— (vii) a description of progress made in pro- onstrating to the international community (A) UNAUTHORIZED DISCLOSURE OF UNITED curing light-weight personal protective gear the act of noncompliance; STATES BUSINESS INFORMATION.—Whenever and steps being taken to ensure that pro- (iii) seek, or encourage, on an urgent basis the President determines that persuasive in- grammed procurement quantities are suffi- a meeting at the highest diplomatic level formation is available indicating that— cient to replace expiring battle-dress over- with the relevant party with the objective of (i) an officer or employee of the Organiza- garments and chemical protective overgar- bringing the noncompliant party into com- tion has willfully published, divulged, dis- ments to maintain required wartime inven- pliance; closed, or made known in any manner or to tory levels; (iv) implement prohibitions and sanctions any extent not authorized by the Convention (viii) a description of progress made in de- against the relevant party as required by any United States confidential business in- veloping long-range standoff detection and law; formation coming to him in the course of his identification capabilities and other battle- (v) if noncompliance has been determined, employment or official duties or by reason of field surveillance capabilities for biological seek on an urgent basis within the Security any examination or investigation of any re- and chemical weapons, including progress on Council of the United Nations a multilateral turn, report, or record made to or filed with developing a multichemical agent detector, imposition of sanctions against the non- the Organization, or any officer or employee unmanned aerial vehicles, and unmanned compliant party for the purposes of bringing thereof, and ground sensors; the noncompliant party into compliance; and (ii) such practice or disclosure has resulted (ix) a description of progress made in de- (vi) in the event that the noncompliance in financial losses or damages to a United veloping and deploying layered theater mis- continues for a period of longer than one States person, sile defenses for deployed United States year after the date of the determination the President shall, within 30 days after the Armed Forces which will provide greater ge- made pursuant to subparagraph (A), prompt- receipt of such information by the executive ographic coverage against current and ex- ly consult with the Senate for the purposes branch of Government, notify the Congress pected ballistic missile threats and will as- of obtaining a resolution of support for con- in writing of such determination. sist in mitigating chemical and biological tinued adherence to the Convention, not- (B) WAIVER OF IMMUNITY FROM JURISDIC- contamination through higher altitude withstanding the changed circumstances af- TION.— intercepts and boost-phase intercepts; fecting the object and purpose of the Conven- (i) CERTIFICATION.—Not later than 270 days (x) an assessment of— tion. (I) the training and readiness of the United (B) CONSTRUCTION.—Nothing in this section after notification of Congress under subpara- States Armed Forces to operate in a chemi- may be construed to impair or otherwise af- graph (A), the President shall certify to Con- cally or biologically contaminated environ- fect the authority of the Director of Central gress that the immunity from jurisdiction of ment; and Intelligence to protect intelligence sources such foreign person has been waived by the (II) actions taken to sustain training and and methods from unauthorized disclosure Director-General of the Technical Secretar- readiness, including training and readiness pursuant to section 103(c)(5) of the National iat. carried out at national combat training cen- Security Act of 1947 (50 U.S.C. 403–3(c)(5)). (ii) WITHHOLDING OF PORTION OF CONTRIBU- ters; (C) PRESIDENTIAL DETERMINATIONS.—If the TIONS.—If the President is unable to make (xi) a description of progress made in in- President determines that an action other- the certification described under clause (i), corporating chemical and biological consid- wise required under subparagraph (A) would then 50 percent of the amount of each annual erations into service and joint exercises as impair or otherwise affect the authority of United States contribution to the regular well as simulations, models, and war games, the Director of Central Intelligence to pro- budget of the Organization that is assessed and the conclusions drawn from these efforts tect intelligence sources and methods from pursuant to paragraph 7 of Article VIII shall about the United States capability to carry unauthorized disclosure, the President shall be withheld from disbursement, in addition out required missions, including missions report that determination, together with a to any other amounts required to be with- with coalition partners, in military contin- detailed written explanation of the basis for held from disbursement by any other provi- gencies; that determination, to the chairmen of the sion of law, until— (xii) a description of progress made in de- Senate Select Committee on Intelligence and (I) the President makes such certification, veloping and implementing service and joint the House Permanent Select Committee on or doctrine for combat and non-combat oper- Intelligence not later than 15 days after (II) the President certifies to Congress that ations involving adversaries armed with making such determination. the situation has been resolved in a manner chemical or biological weapons, including ef- (14) FINANCING RUSSIAN IMPLEMENTATION.— satisfactory to the United States person who forts to update the range of service and joint The United States understands that, in order has suffered the damages due to the disclo- doctrine to better address the wide range of to be assured of the Russian commitment to sure of United States confidential business military activities, including deployment, a reduction in chemical weapons stockpiles, information. reinforcement, and logistics operations in Russia must maintain a substantial stake in (C) BREACHES OF CONFIDENTIALITY.— support of combat operations, and for the financing the implementation of both the (i) CERTIFICATION.—In the case of any conduct of such operations in concert with 1990 Bilateral Destruction Agreement and breach of confidentiality involving both a coalition forces; and the Convention. The United States shall not State Party and the Organization, including (xiii) a description of progress made in re- accept any effort by Russia to make deposit any officer or employee thereof, the Presi- solving issues relating to the protection of of Russia’s instrument of ratification of the dent shall, within 270 days after providing United States population centers from chem- Convention contingent upon the United written notification to Congress pursuant to ical and biological attack, including plans States providing financial guarantees to pay subparagraph (A), certify to Congress that for inoculation of populations, consequence for implementation of commitments by Rus- the Commission described under paragraph management, and a description of progress sia under the 1990 Bilateral Destruction 23 of the Confidentiality Annex has been es- made in developing and deploying effective Agreement or the Convention. tablished to consider the breach. cruise missile defenses and a national ballis- (15) ASSISTANCE UNDER ARTICLE X.— (ii) WITHHOLDING OF PORTION OF CONTRIBU- tic missile defense. (A) IN GENERAL.—Prior to the deposit of TIONS.—If the President is unable to make (12) PRIMACY OF THE UNITED STATES CON- the United States instrument of ratification, the certification described under clause (i), STITUTION.—Nothing in the Convention re- the President shall certify to the Congress then 50 percent of the amount of each annual quires or authorizes legislation, or other ac- that the United States shall not provide as- United States contribution to the regular tion, by the United States prohibited by the sistance under paragraph 7(a) of Article X. budget of the Organization that is assessed Constitution of the United States, as inter- (B) COUNTRIES INELIGIBLE FOR CERTAIN AS- pursuant to paragraph 7 of Article VIII shall preted by the United States. SISTANCE UNDER THE FOREIGN ASSISTANCE be withheld from disbursement, in addition (13) NONCOMPLIANCE.— ACT.—Prior to the deposit of the United to any other amounts required to be with- (A) IN GENERAL.—If the President deter- States instrument of ratification, the Presi- held from disbursement by any other provi- mines that persuasive information exists dent shall certify to the Congress that for sion of law, until— that a State Party to the Convention is any State Party the government of which is (I) the President makes such certification, maintaining a chemical weapons production not eligible for assistance under chapter 2 of or or production mobilization capability, is depart II (relating to military assistance) or (II) the President certifies to Congress that veloping new chemical agents, or is in viola- chapter 4 of part II (relating to economic the situation has been resolved in a manner S3656 CONGRESSIONAL RECORD — SENATE April 24, 1997 satisfactory to the United States person who ment of ratification, the President shall cer- the inability of the Organization to conduct has suffered the damages due to the disclo- tify to the Senate that no sample collected challenge inspections pursuant to Article IX sure of United States confidential business in the United States pursuant to the Conven- or would otherwise jeopardize the national information. tion will be transferred for analysis to any security interests of the United States; and (D) DEFINITIONS.—In this paragraph: laboratory outside the territory of the Unit- (II) Congress enacts a joint resolution ap- (i) UNITED STATES CONFIDENTIAL BUSINESS ed States. proving the certification of the President. INFORMATION.—The term ‘‘United States con- (19) EFFECT ON TERRORISM.—The Senate (ii) STATEMENT OF REASONS.—The President fidential business information means any finds that— shall transmit with such certification a de- trade secrets or commercial or financial in- (A) without regard to whether the Conven- tailed statement setting forth the specific formation that is privileged and confiden- tion enters into force, terrorists will likely reasons therefor and the specific uses to tial, as described in section 662(b)(4) of title view chemical weapons as a means to gain which the additional contributions provided 5, United States Code, and that is obtained— greater publicity and instill widespread fear; to the Organization would be applied. (I) from a United States person; and and (D) ADDITIONAL CONTRIBUTIONS FOR VER- (II) through the United States National (B) the March 1995 Tokyo subway attack IFICATION.—Notwithstanding subparagraph Authority or the conduct of an inspection on by the Aum Shinrikyo would not have been (A), for a period of not more than ten years, United States territory under the Conven- prevented by the Convention. the President may furnish additional con- tion. (20) CONSTITUTIONAL SEPARATION OF POW- tributions to the Organization for the pur- (ii) UNITED STATES PERSON.—The term ERS.— poses of meeting the costs of verification ‘‘United States person’’ means any natural (A) FINDINGS.—The Senate makes the fol- under Articles IV and V. person or any corporation, partnership, or lowing findings: (23) ADDITIONS TO THE ANNEX ON CHEMI- other juridical entity organized under the (i) Article VIII(8) of the Convention allows CALS.— laws of the United States. a State Party to vote in the Organization if (A) PRESIDENTIAL NOTIFICATION.—Not later (iii) UNITED STATES.—The term ‘‘United the State Party is in arrears in the payment than 10 days after the Director-General of States’’ means the several States, the Dis- of financial contributions and the Organiza- the Technical Secretariat communicates information to all States Parties pursuant to trict of Columbia, and the commonwealths, tion is satisfied that such nonpayment is due Article XI(5)(a) of a proposal for the addition territories, and possessions of the United to conditions beyond the control of the State of a chemical or biological substance to a States. Party. (17) CONSTITUTIONAL PREROGATIVES.— (ii) Article I, Section 8 of the United States schedule of the Annex on Chemicals, the (A) FINDINGS.—The Senate makes the fol- Constitution vests in Congress the exclusive President shall notify the Committee on lowing findings: authority to ‘‘pay the Debts’’ of the United Foreign Relations of the Senate of the pro- (i) Article II, Section 2, Clause 2 of the States. posed addition. United States Constitution states that the (B) PRESIDENTIAL REPORT.—Not later than (iii) Financial contributions to the Organi- President ‘‘shall have Power, by and with 60 days after the Director-General of the zation may be appropriated only by Con- the Advice and Consent of the Senate, to Technical Secretariat communicates infor- gress. make Treaties, provided two-thirds of the mation of such a proposal pursuant to Arti- (B) SENSE OF SENATE.—It is therefore the Senators present concur’’. cle XV(5)(a) or not later than 30 days after a sense of the Senate that— (ii) At the turn of the century, Senator positive recommendation by the Executive (i) such contributions thus should be con- Henry Cabot Lodge took the position that Council pursuant to Article XV(5)(c), which- sidered, for purposes of Article VIII(8) of the the giving of advice and consent to the rati- ever is sooner, the President shall submit to Convention, beyond the control of the execu- fication of treaties constitutes a stage in ne- the Committee on Foreign Relations of the tive branch of the United States Govern- gotiation on the treaties and that Senate Senate a report, in classified and unclassi- ment; and amendments or reservations to a treaty are fied form, detailing the likely impact of the (ii) the United States vote in the Organiza- propositions ‘‘offered at a later stage of the proposed addition to a schedule of the Annex tion should not be denied in the event that negotiation by the other part of the Amer- on Chemicals. Such report shall include— Congress does not appropriate the full ican treaty making power in the only man- (i) an assessment of the likely impact on amount of funds assessed for the United ner in which they could then be offered’’. United States industry of the proposed addi- States financial contribution to the Organi- (iii) The executive branch of Government tion of the chemical or biological substance zation. has begun a practice of negotiating and sub- to a schedule of the Annex on Chemicals; (21) ON-SITE INSPECTION AGENCY.—It is the mitting to the Senate treaties which include (ii) a description of the likely costs and sense of the Senate that the On-Site Inspec- provisions that have the purported effect benefits, if any, to United States national se- tion Agency of the Department of Defense of— curity of the proposed addition of such chem- (I) inhibiting the Senate from attaching should have the authority to provide assist- ical or biological substance to a schedule of reservations that the Senate considers nec- ance in advance of any inspection to any fa- the Annex on Chemicals; and essary in the national interest; or cility in the United States that is subject to (iii) a detailed assessment of the effect of (II) preventing the Senate from exercising a routine inspection under the Convention, the proposed addition on United States obli- its constitutional duty to give its advice and or to any facility in the United States that gations under the Verification Annex. consent to treaty commitments before ratifi- is the object of a challenge inspection con- (C) PRESIDENTIAL CONSULTATION.—The cation of the treaties. ducted pursuant to Article IX, if the consent President shall, after the submission of the (iv) During the 85th Congress, and again of the owner or operator of the facility has notification required under subparagraph (A) during the 102d Congress, the Committee on first been obtained. and prior to any action on the proposal by Foreign Relations of the Senate made its po- (22) LIMITATION ON THE SCALE OF ASSESS- the Executive Council under Article sition on this issue clear when stating that MENT.— XV(5)(c), consult promptly with the Senate ‘‘the President’s agreement to such a prohi- (A) LIMITATION ON ANNUAL ASSESSMENT.— as to whether the United States should ob- bition cannot constrain the Senate’s con- Notwithstanding any provision of the Con- ject to the proposed addition of a chemical stitutional right and obligation to give its vention, and subject to the requirements of or biological substance pursuant to Article advice and consent to a treaty subject to any subparagraphs (B), (C), and (D), the United XV(5)(c). reservation it might determine is required States shall pay as a total annual assess- (24) TREATY INTERPRETATION.—The Senate by the national interest’’. ment of the costs of the Organization pursu- affirms the applicability to all treaties of (B) SENSE OF THE SENATE.—It is the sense ant to paragraph 7 of Article VIII not more the Constitutionally based principles of trea- of the Senate that— than $25,000,000. ty interpretation set forth in Condition (1) of (i) the advice and consent given by the (B) RECALCULATION OF LIMITATIONS.—On the resolution of ratification with respect to Senate in the past to ratification of treaties January 1, 2000, and at each 3-year interval the INF Treaty. For purposes of this declara- containing provisions which prohibit amend- thereafter, the amount specified in subpara- tion, the term ‘‘INF Treaty’’ refers to the ments or reservations should not be con- graph (A) is to be recalculated by the Admin- Treaty Between the United States of Amer- strued as a precedent for such provisions in istrator of General Services, in consultation ica and the Union of Soviet Socialist Repub- future treaties; with the Secretary of State, to reflect lics on the Elimination of Their Intermedi- (ii) United States negotiators to a treaty changes in the consumer price index for the ate-Range and Shorter Range Missiles, to- should not agree to any provision that has immediately preceding 3-year period. gether with the related memorandum of un- the effect of inhibiting the Senate from at- (C) ADDITIONAL CONTRIBUTIONS REQUIRING derstanding and protocols, approved by the taching reservations or offering amendments CONGRESSIONAL APPROVAL.— Senate on May 27, 1988. to the treaty; and (i) AUTHORITY.—Notwithstanding subpara- (25) FURTHER ARMS REDUCTIONS OBLIGA- (iii) the Senate should not consent in the graph (A), the President may furnish addi- TIONS.—The Senate declares its intention to future to any article or other provision of tional contributions which would otherwise consider for approval international agree- any treaty that would prohibit the Senate be prohibited under subparagraph (A) if— ments that would obligate the United States from giving its advice and consent to ratifi- (I) the President determines and certifies to reduce or limit the Armed Forces or ar- cation of the treaty subject to amendment or in writing to the Speaker of the House of maments of the United States in a militarily reservation. Representatives and the Committee on For- significant manner only pursuant to the (18) LABORATORY SAMPLE ANALYSIS.—Prior eign Relations of the Senate that the failure treaty power as set forth in Article II, sec- to the deposit of the United States instru- to provide such contributions would result in tion 2, clause 2 of the Constitution. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3657 (26) RIOT CONTROL AGENTS.— would preclude the United States from meet- the American people. Last September, (A) PERMITTED USES.—Prior to the deposit ing the deadlines of the Convention. treaty proponents were pressing the of the United States instrument of ratifica- (28) CONSTITUTIONAL PROTECTION AGAINST Senate to vote on a treaty that had tion, the President shall certify to Congress UNREASONABLE SEARCH AND SEIZURE.— none of the key protections that some that the United States is not restricted by (A) IN GENERAL.—In order to protect Unit- the Convention in its use of riot control ed States citizens against unreasonable of us succeeded in inserting in this agents, including the use against combatants searches and seizures, prior to the deposit of treaty. Had we not been a phalanx of who are parties to a conflict, in any of the the United States instrument of ratification, common sense standing in their way, following cases: the President shall certify to Congress the exact same treaty would have been (i) UNITED STATES NOT A PARTY.—The con- that— before the Senate for ratification duct of peacetime military operations within (i) for any challenge inspection conducted today, and that would have been a dis- an area of ongoing armed conflict when the on the territory of the United States pursu- aster. United States is not a party to the conflict ant to Article IX, where consent has been The treaty approved by the Senate (such as recent use of the United States withheld, the United States National Au- Armed Forces in Somalia, Bosnia, and Rwan- thority will first obtain a criminal search tonight was toned down with 28 condi- da). warrant based upon probable cause, sup- tions, most of which the administra- (ii) CONSENSUAL PEACEKEEPING.—Consen- ported by oath or affirmation, and describing tion was until recently calling ‘‘killer sual peacekeeping operations when the use of with particularity the place to be searched amendments.’’ Those include, among force is authorized by the receiving state, in- and the persons or things to be seized; and many others, conditions that limit the cluding operations pursuant to Chapter VI of (ii) for any routine inspection of a declared cost of the treaty to the American tax- the United Nations Charter. facility under the Convention that is con- payer, place safeguards on intelligence (iii) CHAPTER VII PEACEKEEPING.—Peace- ducted on the territory of the United States, sharing, enhance our chemical de- keeping operations when force is authorized where consent has been withheld the United by the Security Council under Chapter VII of States National Authority first will obtain fenses, and protect confidential busi- the United Nations Charter. an administrative search warrant from a ness information. (B) IMPLEMENTATION.—The President shall United States magistrate judge. Further, concessions on what I con- take no measure, and prescribe no rule or (B) DEFINITION.—For purposes of this reso- sider some of the most important is- regulation, which would alter or eliminate lution, the term ‘‘National Authority’’ sues—such as protecting the right of Executive Order 11850 of April 8, 1975. means the agency or office of the United American commanders in the field to (C) DEFINITION.—In this paragraph, the States Government designated by the United term ‘‘riot control agent’’ has the meaning use tear gas, and requiring criminal States pursuant to Article VII(4) of the Con- search warrants for foreign inspec- given the term in Article II(7) of the Conven- vention. tion. tors—came only the final days before I SECTION 3. DEFINITIONS. (27) CHEMICAL WEAPONS DESTRUCTION.— agreed to allow the treaty to go to the As used in this resolution: Prior to the deposit of the United States in- Senate floor for a vote. If we had not strument of ratification of the Convention, (1) CHEMICAL WEAPONS CONVENTION OR CON- VENTION.—The terms ‘‘Chemical Weapons held out so long—in spite of all the the President shall certify to the Congress criticism and derision lobbed in our di- that all of the following conditions are satis- Convention’’ and ‘‘Convention’’ mean the fied: Convention on the Prohibition of Develop- rection—none of those protections (A) EXPLORATION OF ALTERNATIVE TECH- ment, Production, Stockpiling and Use of would be in the treaty today. NOLOGIES.—The President has agreed to ex- Chemical Weapons and on Their Destruction, I hope I may be forgiven for taking plore alternative technologies for the de- Opened for Signature and Signed by the some satisfaction in the knowledge struction of the United States stockpile of United States at Paris on January 13, 1993, that, thanks to what our critics called chemical weapons in order to ensure that the including the following protocols and memo- our stubbornness, our soldiers in the United States has the safest, most effective randum of understanding, all such documents being integral parts of and collec- field will be a little safer, and the con- and environmentally sound plans and pro- stitutional rights of American citizens grams for meeting its obligations under the tively referred to as the ‘‘Chemical Weapons Convention for the destruction of chemical Convention’’ or the ‘‘Convention’’ (contained will be a little better protected. Final weapons. in Treaty Document 103–21): judgment of our efforts will be left to (B) CONVENTION EXTENDS DESTRUCTION (A) The Annex on Chemicals. future generations. DEADLINE.—The requirement in section 1412 (B) The Annex on Implementation and Ver- I do know this: those great Senators of Public Law 99–145 (50 U.S.C. 1521) for com- ification. with whom I was honored to stand pletion of the destruction of the United (C) The Annex on the Protection of Con- fought the good fight, we won some States stockpile of chemical weapons by De- fidential Information. (D) The Resolution Establishing the Pre- battles, and lost others. But we fought cember 31, 2004, will be superseded upon the with honor, and integrity, and for the date the Convention enters into force with paratory Commission for the Organization respect to the United States by the deadline for the Prohibition of Chemical Weapons. cause of right. required by the Convention of April 29, 2007. (E) The Text on the Establishment of a Mr. BIDEN addressed the Chair. (C) AUTHORITY TO EMPLOY A DIFFERENT DE- Preparatory Commission. The VICE PRESIDENT. The Senator STRUCTION TECHNOLOGY.—The requirement in (2) ORGANIZATION.—The term ‘‘Organiza- from Delaware. Article III(1)(a)(v) of the Convention for a tion’’ means the Organization for the Prohi- Mr. BIDEN. I would like to thank the declaration by each State Party not later bition of Chemical Weapons established Vice President for being at the ready than 30 days after the date the Convention under the Convention. the whole day, and I would like to enters into force with respect to that Party (3) STATE PARTY.—The term ‘‘State Party’’ means any nation that is a party to the Con- thank my colleagues for not making it on general plans of the State Party for de- necessary. I am glad they deprived the struction of its chemical weapons does not vention. preclude in any way the United States from (4) UNITED STATES INSTRUMENT OR RATIFI- Vice President of the United States the deciding in the future to employ a tech- CATION.—The term ‘‘United States instru- opportunity to vote on the five condi- nology for the destruction of chemical weap- ment of ratification’’ means the instrument tions and on final passage. But I want ons different than that declared under that of ratification of the United States of the to point out to my colleagues who are Article. Convention. being very nice and solicitous about (D) PROCEDURES FOR EXTENSION OF DEAD- Mr. HELMS. Mr. President, of course my efforts in this regard, the Vice LINE.—The President will consult with Con- I am disappointed by today’s vote on President of the United States, who is gress on whether to submit a request to the the CWC. But I find some solace in the Executive Council of the Organization for an in the Chair, played a critical role in extension of the deadline for the destruction fact that, thanks to our efforts, this pushing this, making sure that we kept of chemical weapons under the Convention, treaty is much less harmful than it it before the Nation, generating the in- as provided under part IV(A) of the Annex on would have been. I am enormously teresting debate so this could not be Implementation and Verification to the Con- proud of Senators KYL, INHOFE, and left untouched, and I want to publicly vention, if, as a result of the program of al- other Senators who stood with us de- thank him. ternative technologies for the destruction of spite enormous pressure against this There is that old expression in poli- chemical munitions carried out under sec- treaty. I believe history will vindicate tics that politics makes strange bed- tion 8065 of the Department of Defense Ap- their efforts. fellows. I have had the distinction and propriations Act, 1997 (as contained in Public Law 104–208), the President determines that Make no mistake, this is a dangerous the honor of having been the ranking alternatives to the incineration of chemical treaty. But it is a little less dangerous member and/or chairman with the dis- weapons are available that are safer and thanks to the efforts we made to tinguished Senator from South Caro- more environmentally sound but whose use amend it, and to deliver the truth to lina, Senator THURMOND, and when I S3658 CONGRESSIONAL RECORD — SENATE April 24, 1997 got that assignment I think most of of the Air Force’s 50th anniversary, the THE VERY BAD DEBT BOXSCORE my colleagues looked at me and said, Kentucky Air National Guard proved Mr. HELMS. Mr. President, at the this is going to be an interesting time, to be the perfect hosts. They not only close of business yesterday, Wednes- BIDEN and THURMOND. We turned out to brought in all the aircraft, but coordi- day, April 23, 1997, the federal debt be very good friends. This is the first nated all the different services. stood at $5,345,088,835,181.58. (Five tril- occasion after 25 years that I have had Thunder Over Louisville has already lion, three hundred forty-five billion, to work as closely as I have with my gained a reputation as a one-of-a-kind eighty-eight million, eight hundred new chairman of the Foreign Relations air show and fireworks display. But I thirty-five thousand, one hundred Committee, on which I rank, and that think everyone agreed that this year eighty-one dollars and fifty-eight is Senator HELMS. I want to publicly will be hard to top. The performances cents) thank him. He kept his word at every were truly spectacular, but much of One year ago, April 23, 1996, the fed- stage of this long, arduous, and for me the success is also due to the tremen- eral debt stood at $5,106,372,000,000. ultimately rewarding negotiation. I dous job the city, the Air Force, the (Five trillion, one hundred six billion, want to acknowledge how much I ap- Derby Festival and the Kentucky Air three hundred seventy-two million) preciate it. National Guard did to assure the event Five years ago, April 23, 1992, the fed- I conclude by saying, because I do ran smoothly and safely. eral debt stood at $3,877,376,000,000. not want to turn this into some litany Called ‘‘Wild Blue Thunder’’ in trib- (Three trillion, eight hundred seventy- of people to thank, what a pleasure it ute to the Air Force’s 50th Anniver- seven billion, three hundred seventy- has been to work with and receive the sary, it was the world’s largest show of six million) guidance and encouragement from the its kind in America, both for the fire- Ten years ago, April 23, 1987, the fed- Senator from Indiana [Mr. LUGAR]. He works display and for the air perform- eral debt stood at $2,264,001,000,000. has served this Nation well on this oc- ances. (Two trillion, two hundred sixty-four casion, as well as Senator MCCAIN. I The fireworks were reported to be billion, one million) hope I am not hurting their credentials larger than the opening and closing of Fifteen years ago, April 23, 1982, the in the Republican party by acknowl- the Atlanta Olympics combined and of federal debt stood at $1,058,822,000,000 edging how closely I worked with both the Inaugural fireworks. The impres- (One trillion, fifty-eight billion, eight of them. However, I think it should be sive show culminated in an 11,000 wa- hundred twenty-two million) which re- noted that without the two of them terfall of fireworks off the Clark Me- flects a debt increase of more than $4 weighing in on this treaty I not only morial Bridge. trillion—$4,286,266,835,181.58 (Four tril- doubt, I know we would not have The television and radio commercials lion, two hundred eighty-six billion, passed this. for Thunder Over Louisville use the tag two hundred sixty-six million, eight I conclude by saying I truly think line ‘‘you haven’t seen anything until hundred thirty-five thousand, one hun- this is a very important moment in the you’ve seen everything.’’ The Air Force dred eighty-one dollars and fifty-eight Senate, and I do think the vote we just and other armed services certainly cents) during the past 15 years. cast will be within the next hour heard pulled out all the stops with air per- f around the world. Had we voted the formances showcasing the ‘‘Thunder- PATRICK H. WINDHAM other way, it would have been a louder, birds USAF Aerobatic Team,’’ the F– Mr. LIEBERMAN. Mr. President, I more resounding sound than the one 117 A Stealth Fighter, the B–2 Stealth now. It will be heard around the world, would like to take a few moments to Bomber, the SR–71A Strategic Recon- pay tribute to Patrick H. Windham, and it will reaffirm American leader- naissance Plane, the B–1B Long Range ship. the long-serving Senior Democratic Strategic Bomber, F–14 ‘‘Tomcat’’ jet Professional Staff Member for the Sub- I thank the Vice President for being fighter, the A–10 Warthog Tank Killer here again and I am also thankful we committee on Science, Technology and jet fighter, the F–15 ‘‘Eagle’’ jet fight- Space. Pat is leaving Washington for did not have to have his vote, but I er, the T–33 ‘‘Thunderbird,’’ and knew where it was if we had needed it. California with his wife Arati Apache and Blackhawk helicopters. Prabhakar and newborn baby Katie I yield the floor. The performances were not only a The VICE PRESIDENT. Under the after nearly 20 years of service to the great source of entertainment, but also Senate, primarily on science and tech- previous order, the President will be were a tremendous learning experience immediately notified. nology policy issues. For the many for spectators of all ages, especially people here who knew or worked with f about Kentucky’s homegrown talent. Pat, including my staff and me, he will LEGISLATIVE SESSION Kentucky’s 123rd already has an im- be sorely missed as a great source of pressive list of accomplishments under institutional knowledge but most of all The VICE PRESIDENT. The Senate their belt. And I’ve come to the Senate as a friend, a genuine and nice guy in now returns to legislative session. floor time and again to commend them a town not always known for its friend- f on their exceptional work in places liness. like Bosnia, Somalia, and Rwanda. MORNING BUSINESS Originally from California, Pat com- But as part of the Derby Festival’s pleted his undergraduate work at Stan- Mr. ROBERTS. Mr. President, I ask spectacular display, the 123rd got to ford, received a Masters in public pol- unanimous consent that there now be a show off for the hometown crowd. icy from the University of California at period for the transaction of morning 650,000 Kentuckians saw first-hand the Berkeley and first came to the Hill in business, with Senators permitted to 123rd’s skill and expertise with the C– 1976 as a Congressional Fellow to the speak up to 5 minutes each. 130Hs, getting a better idea of how im- Committee on Commerce, Science and The PRESIDING OFFICER (Mr. portant this unit is to the overall oper- Transportation. In 1982 Pat began his ENZI). Without objection, it is so or- ations of this nation’s active duty Air long association with Senator HOL- dered. Force. And that will make my job LINGS, joining his personal staff as a f much easier this year if Pentagon offi- legislative assistant. He has held his cials start making moves to pull any of present position of Senior Democratic COMMENDING KENTUCKY AIR the 123rd’s C–130Hs. Professional staff member for the Sub- NATIONAL GUARD Mr. President, let me close by thank- committee on Commerce, Science and Mr. FORD. Mr. President, I just want ing the 123rd for their hard work and Transportation since 1984. to take a moment to extend my per- their hospitality. I know the true test I met Pat through his many hours of sonal thanks to the Kentucky Air Na- of their abilities happens when they work on the important issue of tech- tional Guard for a job well done. When are far from home. But it’s nice to re- nology partnerships, especially those the U.S. Air Force chose the Kentucky mind everyone at home just how lucky run through the Commerce Depart- Derby Festival’s annual Thunder Over we are to have such a talented, comment such as the Advanced Technology Louisville celebration as one of the mitted group of service people right Program. Pat, along with my able col- high points in a year-long celebration here in Kentucky. league Senator HOLLINGS, has been a April 24, 1997 CONGRESSIONAL RECORD — SENATE S3659 tireless advocate of promoting the The extraordinary resiliency of the MEASURES REFERRED movement of new ideas generated by Armenian people can be seen by what The following bills were read the first scientists and engineers in our univer- they have accomplished in their new and second times by unanimous con- sities and national laboratories out lands. Nations around the world have sent and referred as indicated: into the commercial marketplace. benefited from the spirit and persever- Widely respected for his substantive H.R. 39. An act to reauthorize the African ance of the Armenians. No nation has Elephant Conservation Act; to the Commit- thinking on such topics, Pat has tire- benefited more from the contributions tee on Environment and Public Works. lessly worked on legislative solutions of the Armenian Diaspora than the H.R. 400. An act to amend title 35, United that would bridge the cultural gap ex- United States. My own state of Massa- States Code, with respect to patents, and for isting between the differing worlds of chusetts is blessed with a large and other purposes; to the Committee on the Ju- academia, government and industry. I vigorous community of Armenians who diciary. believe this effort to be critical to- have played an important role in all as- H.R. 449. An act to provide for the orderly disposal of certain Federal lands in Clark wards ensuring the future ability of pects of public and private life in our America to compete in a global mar- County, Nevada, and to provide for the ac- state. quisition of environmentally sensitive lands ket. I commend the tireless efforts of the During World War II and the subse- in the State of Nevada; to the Committee on Armenian Assembly of America and Energy and Natural Resources. quent Cold War, federal investment in the Armenian National Committee for H.R. 688. An act to amend the Solid Waste science and technology was seen as es- their outstanding work in informing Disposal Act to require at least 85 percent of sential to maintaining America’s na- Americans about the history and cul- funds appropriated to the Environmental tional security. A by-product of federal ture of Armenia and its people. In hon- Protection Agency from the Leaking Under- investment was an infrastructure of ground Storage Tank Trust Fund to be dis- oring Armenians throughout the world world-leading high tech defense compa- tributed to States for cooperative agree- today, we also pledge to do all we can nies, laboratories and universities and ments for undertaking corrective action and to banish genocide against any peoples subsequent creation of an entire new for enforcement of subtitle I of such Act; to anywhere from the face of the earth. generation of products and industries. the Committee on Environment and Public With the end of the Cold War, the de- f Works. H.R. 1272. An act to authorize appropria- fense rationale for continued invest- MESSAGES FROM THE HOUSE tions for fiscal years 1998 and 1999 for the ment is not as politically compelling At 2 p.m., a message from the House United States Fire Administration, and for and the growth of information tech- of Representatives, delivered by Mr. other purposes; to the Committee on Com- nologies continues to change the land- Hays, one of its reading clerks, an- merce, Science, and Transportation. scape for American business. nounced that the House agrees to the H.R. 1273. An act to authorize appropria- We are now in a period of transition, tions for fiscal years 1998 and 1999 for the Na- following concurrent resolution, in looking for ways to move from the old tional Science Foundation, and for other which it requests the concurrence of system of innovation where the govern- purposes; to the Committee on Labor and the Senate: ment funded the science, paid for de- Human Resources. H.R. 1274. An act to authorize appropria- velopment and then purchased the final H. Con. Res. 8 Concurrent resolution recognizing the significance of maintaining the tions for the National Institute of Standards product—to a new system that pre- health and stability of coral reef ecosystems. and Technology for fiscal years 1998 and 1999, serves both our country’s security and The message also announced that the and for other purposes; to the Committee on its competitive economic advantage. It House has passed the following bills, in Commerce, Science, and Transportation. is not an exaggeration to say that Pat H.R. 1275. An act to authorize appropria- has been a major contributor in the de- which it requests the concurrence of tions for the National Aeronautics and Space velopment of science and technology the Senate: Administration for fiscal years 1998 and 1999, policy during this turbulent transition H.R. 39. An act to reauthorize the African and for other purposes; to the Committee on period. My office and I particularly re- Elephant Conservation Act. Commerce, Science, and Transportation. H.R. 400. An act to amend title 35, United f spect his work for Senator HOLLINGS as States Code, with respect to patents, and for an architect of both the Advanced other purposes. EXECUTIVE AND OTHER Technology Program and the Manufac- H.R. 449. An act to provide for the orderly COMMUNICATIONS turing Extension Program, both of disposal of certain Federal lands in Clark The following communications were which help move technology and infor- County, Nevada, and to provide for the ac- laid before the Senate, together with mation out to the manufacturing floors quisition of environmentally sensitive lands accompanying papers, reports, and doc- of America’s workplaces. Pat has al- in the State of Nevada. H.R. 688. An act to amend the Solid Waste uments, which were referred as indi- ways been open minded, has carefully Disposal Act to require at least 85 percent of cated: listened and will be remembered as a funds appropriated to the Environmental EC–1689. A communication from the Assist- joy to work with. My staff and I hope Protection Agency from the Leaking Under- ant Secretary of State (Legislative Affairs), that Pat will find some time to write ground Storage Tank Trust Fund to be dis- transmitting, pursuant to law, the report of tributed to States for cooperative agree- and reflect on the technology policy is- the certification regarding the incidental ments for undertaking corrective action and sues he’s been grappling with for so capture of sea turtles; to the Committee on for enforcement of subtitle I of such Act. long, and welcome fresh insights from Commerce, Science, and Transportation. him. The Senate owes him a large debt H.R. 1272. An act to authorize appropriations for fiscal years 1998 and 1999 for the EC–1690. A communication from the Chair- of thanks for his fine work here. Good United States Fire Administration, and for man of the Interagency Coordinating Com- luck in California, Pat, and best wishes other purposes. mittee on Oil Pollution Research, U.S. Coast to your wonderful wife and daughter. Guard, Department of Transportation, transmitting, pursuant to law, the report of the f At 6:26 p.m., a message from the House of Representatives, delivered by oil pollution research and technology plan; to the Committee on Commerce, Science, 82ND ANNIVERSARY OF THE Ms. Goetz, one of its reading clerks, an- ARMENIAN GENOCIDE and Transportation. nounced that the House has passed the EC–1691. A communication from the Chair- Mr. KENNEDY. Mr. President, today following bills, in which it requests the man of the Federal Maritime Commission, marks the 82nd anniversary of the be- concurrence of the Senate: transmitting, pursuant to law, the annual re- ginning of one of the most tragic epi- H.R. 1273. An act to authorize appropria- port for fiscal year 1996; to the Committee on sodes in human history. Beginning in tions for fiscal years 1998 and 1999 for the Na- Commerce, Science, and Transportation. 1915, the Government of the Ottoman tional Science Foundation, and for other EC–1692. A communication from the Direc- Turks waged a vicious campaign of purposes. tor of Congressional Relations, U.S. genocide against the people of Arme- H.R. 1274. An act to authorize appropria- Consumer Product Safety Commission, nia. One and a half million Armenians tions for the National Institute of Standards transmitting, pursuant to law, the annual report for fiscal year 1996; to the Committee on were killed in the following eight and Technology for fiscal years 1998 and 1999, and for other purposes. Commerce, Science, and Transportation. years. Over 500,000 more Armenians H.R. 1275. An act to authorize appropria- EC–1693. A communication from the Ad- were forced into exile from their home- tions for the National Aeronautics and Space ministrator of the National Aeronautics and land and compelled to seek havens in Administration for fiscal years 1998 and 1999, Space Administration, transmitting, pursu- other lands. and for other purposes. ant to law, the report of a summary relative S3660 CONGRESSIONAL RECORD — SENATE April 24, 1997 to the NASA Crows Landing Facility; to the Reclamation and Enforcement, Department EC–1718. A communication from the Direc- Committee on Commerce, Science, and of the Interior, transmitting, pursuant to tor of the Office of Personnel Management, Transportation. law, three rules including one entitled transmitting, pursuant to law, a rule rel- EC–1694. A communication from the Under ‘‘Texas Regulatory Program,’’ (TX–017–FOR) ative to excepted service, (RIN3206-AH67) re- Secretary for Acquisition and Technology, received on March 20, 1997; to the Committee ceived on April 16, 1997; to the Committee on Department of Defense, transmitting, pursu- on Energy and Natural Resources. Governmental Affairs. ant to law, the report on the plan for coordi- EC–1706. A communication from the Com- EC–1719. A communication from the Chair- nating and eliminating unnecessary duplica- missioner of the Bureau of Reclamation, De- man of the Christopher Columbus Fellowship tion of operations; to the Committee on partment of the Interior, transmitting, pur- Foundation, transmitting, pursuant to law, Armed Services. suant to law, a report relative to the Lost the report on the system of internal account- EC–1695. A communication from the Ad- Creek Dam Weber Basin Project, Utah; to ing and financial controls in effect during ministrator from the Agricultural Marketing the Committee on Energy and Natural Re- fiscal year 1996; to the Committee on Gov- Service, Department of Agriculture, trans- sources. ernmental Affairs. mitting, pursuant to law, the report of a rule EC–1707. A communication from the Assist- EC–1720. A communication from the Con- relative to increase in fees and charges, re- ant Secretary of the Interior for Land and gressional Review Coordinator of the Animal ceived on April 18, 1997; to the Committee on Minerals Management, transmitting, pursu- and Plant Health Inspection Service, Depart- Agriculture, Nutrition, and Forestry. ant to law, a rule relative to royalties, rent- ment of Agriculture, transmitting, pursuant EC–1696. A communication from the Con- als and bonuses, (RIN 1010–AC01) received on to law, the report of a rule relative to dis- gressional Review Coordinator of the Animal April 17, 1997; to the Committee on Energy ease status, received on April 17, 1997; to the and Plant Health Inspection Service, Depart- and Natural Resources. Committee on Agriculture, Nutrition, and ment of Agriculture, transmitting, pursuant EC–1708. A communication from the Acting Forestry. to law, the report of a rule relative to export Director of the Office of Surface Mining, EC–1721. A communication from the Under certification of animal products, received on Reclamation and Enforcement, Department Secretary of Commerce for Oceans and At- April 18, 1997; to the Committee on Agri- of the Interior, transmitting, pursuant to mosphere, transmitting, pursuant to law, the culture, Nutrition, and Forestry. law, a rule relative to permit application annual report for fiscal year 1996; to the EC–1697. A communication from the Con- process, (RIN1029-AB91) received on April 17, Committee on Commerce, Science, and gressional Review Coordinator of the Animal 1997; to the Committee on Energy and Natu- Transportation. and Plant Health Inspection Service, Depart- ral Resources. EC–1722. A communication from the Sec- ment of Agriculture, transmitting, pursuant EC–1709. A communication from the Direc- retary of the Federal Trade Commission, to law, the report of a rule relative to vi- tor of Regulations Policy, Management transmitting, pursuant to law, two rules in- ruses, serums, toxins, and analogues, re- Staff, Office of Policy, Food and Drug Ad- cluding a rule entitled ‘‘Guides for the Jew- ceived on April 18, 1997; to the Committee on ministration, Department of Health and elry, Precious Metals and Pewter Indus- Agriculture, Nutrition, and Forestry. EC–1698. A communication from the Gen- Human Services, transmitting, pursuant to tries’’; to the Committee on Commerce, eral Counsel of the Department of Defense, law, four rules including a rule entitled Science, and Transportation. transmitting, a draft of proposed legislation ‘‘Food and Drugs,’’ (RIN0919-AA19) received EC–1723. A communication from the Sec- entitled ‘‘Eligibility for the Defense Experi- on April 3, 1997; to the Committee on Labor retary of Transportation, transmitting, a mental Program to Stimulate Competitive and Human Resources. draft of proposed legislation entitled ‘‘The Research’’; to the Committee on Armed EC–1710. A communication from the Chair- Maritime Administration Authorization Act Services. man of the Consumer Products Safety Com- for Fiscal Years 1998 and 1999’’; to the Com- EC–1699. A communication from the Chief, mission, transmitting, pursuant to law, the mittee on Commerce, Science, and Transpor- Programs and Legislative Division, Office of annual report on the administration of the tation. Legislative Liaison, Department of the Air government in the Sunshine Act for calendar EC–1724. A communication from the Sec- Force, Department of Defense, transmitting, year 1996; to the Committee on Govern- retary of Transportation, transmitting, a pursuant to law, a multi-function cost com- mental Affairs. draft of proposed legislation to authorize ap- parison study relative to Tinker Air Force EC–1711. A communication from the Execu- propriations for fiscal years 1998 and 1999 for Base (AFB), Oklahoma; to the Committee on tive Director of the District of Columbia Fi- the U.S. Coast Guard; to the Committee on Armed Services. nancial Responsibility and Management As- Commerce, Science, and Transportation. EC–1700. A communication from the Comp- sistance Authority, transmitting, pursuant EC–1725. A communication from the Chair- troller General of the United States, trans- to law, the report entitled ‘‘Toward a More man of the Surface Transportation Board, mitting, pursuant to law, a report relative to Equitable Relationship: Structuring the Dis- transmitting, pursuant to law, two rules in- the second special impoundment message for trict of Columbia’s State Functions’’; to the cluding a rule entitled ‘‘Railroad Consolida- fiscal year 1997; referred jointly, pursuant to Committee on Governmental Affairs. tion Procedures’’; to the Committee on Com- the order of January 30, 1975, as modified by EC–1712. A communication from the Chair- merce, Science, and Transportation. the order of April 11, 1986, to the Committee man Pro Tempore of the Council of the Dis- EC–1726. A communication from the Sec- on Appropriations, Committee on the Budg- trict of Columbia, transmitting, pursuant to retary of Commerce, transmitting, pursuant et, Committee on Agriculture, Nutrition, law, copies of D.C. Act 12-61 adopted by the to law, the report on northeast multispecies and Forestry, Committee on Armed Services, Council on March 4, 1997; to the Committee harvest capacity; to the Committee on Com- Banking, Housing, and Urban Affairs, Com- on Governmental Affairs. merce, Science, and Transportation. mittee on Energy and Natural Resources, EC–1713. A communication from the Execu- EC–1727. A communication from the Sec- Committee on Finance, Committee on Gov- tive Director of the District of Columbia Fi- retary of Commerce, transmitting, pursuant ernmental Affairs, and the Committee on the nancial Responsibility and Management As- to law, the report on bluefin tuna for cal- Judiciary. sistance Authority, transmitting, pursuant endar years 1995 and 1996; to the Committee EC–1701. A communication from the Sec- to law, a request for additional appropria- on Commerce, Science, and Transportation. retary of Housing and Urban Development, tions for fiscal year 1997; to the Committee EC–1728. A communication from the Sec- transmitting, pursuant to law, the interim on Governmental Affairs. retary of Commerce, transmitting, pursuant report on the Lead-Based Hazard Control EC–1714. A communication from the Presi- to law, a report relative to the Chesapeake Grant Program; to the Committee on Bank- dent of the Federal Financing Bank, trans- Bay; to the Committee on Commerce, ing, Housing, and Urban Affairs. mitting, pursuant to law, the fiscal year 1996 Science, and Transportation. EC–1702. A communication from the Sec- management report; to the Committee on EC–1729. A communication from the Sec- retary of Housing and Urban Development, Governmental Affairs. retary of Commerce, transmitting, pursuant transmitting, pursuant to law, the report on EC–1715. A communication from the Sec- to law, the report on grant-in-aid for fish- the Comprehensive Needs Assessment; to the retary of Housing and Urban Development, eries for calendar years 1995 and 1996; to the Committee on Banking, Housing, and Urban transmitting, pursuant to law, the manage- Committee on Commerce, Science, and Affairs. ment report of the Government National Transportation. EC–1703. A communication from the Sec- Mortgage Association for fiscal year 1996; to EC–1730. A communication from the Sec- retary of Housing and Urban Development, the Committee on Governmental Affairs. retary of Commerce, transmitting, pursuant transmitting a draft of proposed legislation EC–1716. A communication from the Sec- to law, the report of the summary of sci- entitled ‘‘Public Housing Management Re- retary of the Department of Housing and entific studies of the hatchery system in the form Act of 1997’’; to the Committee on Urban Development, transmitting, pursuant Pacific Northwest; to the Committee on Banking, Housing, and Urban Affairs. to law, the Federal Housing Administration Commerce, Science, and Transportation. EC–1704. A communication from the Acting Management Report for fiscal year 1995; to EC–1731. A communication from the Sec- President and Chairman of the Export-Im- the Committee on Governmental Affairs. retary of Commerce, transmitting, pursuant port Bank, transmitting, pursuant to law, EC–1717. A communication from the Gen- to law, the report regarding highly migra- the report with respect to transactions in- eral Counsel of the Federal Retirement tory species; to the Committee on Com- volving exports to Poland; to the Committee Thrift Investment Board, transmitting, pur- merce, Science, and Transportation. on Banking, Housing, and Urban Affairs. suant to law, a rule entitled ‘‘Thrift Savings EC–1732. A communication from the Man- EC–1705. A communication from the Acting Plan’’ received on April 16, 1997; to the Com- aging Director of the Federal Communica- Director of the Office of Surface Mining, mittee on Governmental Affairs. tions Commission, transmitting, pursuant to April 24, 1997 CONGRESSIONAL RECORD — SENATE S3661 law, eight rules; to the Committee on Com- the Caribbean’’ (RIN0648-AI47) received on cated while assigned to a position of impor- merce, Science, and Transportation. March 28, 1997; to Committee on Commerce, tance and responsibility under title 10, Unit- EC–1733. A communication from the Acting Science, and Transportation. ed States Code, section 601: Associate Managing Director for Perform- EC–1745. A communication from the Dep- To be general ance Evaluations and Records Management, uty Assistant Administrator for Fisheries of Lt. Gen. Richard B. Myers, 7092. Federal Communications Commission, trans- the National Marine Fisheries Service, Na- mitting, pursuant to law, seven rules; to the tional Oceanic and Atmospheric Administra- The following-named officer for appoint- Committee on Commerce, Science, and tion, Department of Commerce, transmit- ment in the U.S. Air Force to the grade indi- Transportation. ting, pursuant to law, three rules including a cated while assigned to a position of impor- EC–1734. A communication from the Sec- rule concerning the Gulf of Mexico Sustain- tance and responsibility under title 10, Unit- retary of Transportation, transmitting, a able Fisheries Program (RIN0648–AI68, AI88); ed States Code, section 601: draft of proposed legislation entitled ‘‘The to Committee on Commerce, Science, and To be general Surface Transportation Safety Act of 1997’’; Transportation. Lt. Gen. Ralph E. Eberhart, 7375. to the Committee on Commerce, Science, EC–1746. A communication from the Direc- The following-named officer for appoint- and Transportation. tor of the Office of Sustainable Fisheries of ment in the U.S. Air Force to the grade indi- EC–1735. A communication from the Gen- the National Marine Fisheries Service, Na- cated while assigned to a position of impor- eral Counsel of the Department of Transpor- tional Oceanic and Atmospheric Administra- tance and responsibility under title 10, Unit- tation, transmitting, pursuant to law, one tion, Department of Commerce, transmit- ed States Code, section 601: hundred and ten rules; to the Committee on ting, pursuant to law, five rules including a To be lieutenant general Commerce, Science, and Transportation. rule concerning fisheries; to Committee on EC–1736. A communication from the Acting Commerce, Science, and Transportation. Maj. Gen. John B. Hall, Jr., 5835. Deputy Assistant Administrator of the Na- EC–1747. A communication from the Direc- The following-named officer for appoint- tional Ocean Service, National Oceanic and tor of the Office of Sustainable Fisheries of ment in the U.S. Army to the grade indi- Atmospheric Administration, Department of the National Marine Fisheries Service, Na- cated while assigned to a position of impor- Commerce, transmitting, pursuant to law, a tional Oceanic and Atmospheric Administra- tance and responsibility under title 10 Unit- rule entitled ‘‘Hawaiian Islands Humpback tion, Department of Commerce, transmit- ed States Code, section 601: Whale Marine Sanctuary’’ (RIN0648–AH99) ting, pursuant to law, twelve rules including To be lieutenant general received on March 28, 1997; to Committee on a rule concerning fisheries; to Committee on Maj. Gen. Claudia J. Kennedy, 0477. Commerce, Science, and Transportation. Commerce, Science, and Transportation. EC–1737. A communication from the Direc- EC–1748. A communication from the Assist- The following-named officer for appoint- tor of the Office of Global Programs, Na- ant Administrator for Fisheries, National ment in the U.S. Army to the grade indi- tional Oceanic and Atmospheric Administra- Marine Fisheries Service, National Oceanic cated while assigned to a position of impor- tion, Department of Commerce, transmit- and Atmospheric Administration, Depart- tance and responsibility under title 10, Unit- ting, pursuant to law, a rule entitled ‘‘NOAA ment of Commerce, transmitting, pursuant ed States Code, section 601: Climate and Global Change Program’’ to law, five rules including a rule concerning To be lieutenant general (RIN0648–ZA29) received on April 22, 1997; to fisheries (RIN 0648–AJ32, AJ78, AJ11, AJ43, Maj. Gen. Tommy R. Franks, 0864. Committee on Commerce, Science, and AI15); to Committee on Commerce, Science, The following-named officer for appoint- Transportation. and Transportation. ment in the Reserve of the U.S. Marine Corps EC–1738. A communication from the Na- f to the grade indicated under title 10, United tional Marine Fisheries Services, National States Code, section 12203: Oceanic and Atmospheric Administration, EXECUTIVE REPORTS OF To be major general Department of Commerce, transmitting, pur- COMMITTEES suant to law, a rule entitled ‘‘Fisheries of Maj. Gen. Kevin B. Kuklok, 6010. the Exclusive Economic Zone Off Alaska’’ re- The following executive reports of The following-named officers for appoint- ceived on March 25, 1997; to Committee on committees were submitted: ment in the U.S. Marine Corps to the grade Commerce, Science, and Transportation. By Mr. THURMOND, from the Committee indicated under title 10, United States Code, EC–1739. A communication from the Na- on Armed Services: section 624: tional Marine Fisheries Services, National The following-named officer for appoint- To be brigadier general Oceanic and Atmospheric Administration, ment in the U.S. Air Force to the grade indi- Col. James R. Battaglini, 5336. Department of Commerce, transmitting, pur- cated while assigned to a position of impor- Col. James E. Cartwright, 5961. suant to law, four rules including a rule enti- tance and responsibility under title 10, Unit- Col. Stephen A. Cheney, 1702. tled ‘‘Fisheries of the Exclusive Economic ed States Code, section 601: Col. Christopher Cortez, 9054. Zone Off Alaska’’ received on March 25, 1997; To be general to Committee on Commerce, Science, and Col. Robert M. Flanagan, 2865. Transportation. Lt. Gen. George T. Babbitt, Jr., 3032. Col. John F. Goodman, 3509. EC–1740. A communication from the Assist- The following-named officers for appoint- Col. Gary H. Hughey, 9286. ant Secretary of State (Legislative Affairs), ment in the Reserve of the Air Force to the Col. Thomas S. Jones, 2831. transmitting, pursuant to law, the report of grade indicated under title 10, United States Col. Richard L. Kelly, 9290. a certification relative to a proposed Manu- Code, section 12203: Col. Ralph E. Parker, Jr., 6337. facturing License Agreement; to the Com- To be major general Col. John F. Sattler, 0580. mittee on Foreign Relations. Col. William A. Whitlow, 5394. Brig. Gen. John J. Batbie, Jr., 7759. Col. Frances C. Wilson, 7788. EC–1741. A communication from the Chair- Brig. Gen. Winfred N. Carroll, 8742. The following-named officer for appoint- man Pro Tempore of the Council of the Dis- Brig. Gen. Dennis M. Gray, 5184. ment in the Reserve of the Navy to the grade trict of Columbia, transmitting, pursuant to Brig. Gen. Grant R. Mulder, 6734. indicated under title 10, United States Code, law, copies of D.C. Act 12–63 adopted by the Brig. Gen. Virgil J. Toney, Jr., 3240. Council on March 4, 1997; to the Committee section 12203: To be brigadier general on Governmental Affairs. To be rear admiral (lower half) EC–1742. A communication from the Direc- Col. William E. Albertson, 6512. Capt. Karen A. Harmeyer, 8014. tor of the U.S. Trade and Development Agen- Col. Paul R. Cooper, 1006. cy, transmitting, pursuant to law, the report Col. Gerald P. Fitzgerald, 6393. The following-named officer for appoint- of the annual audit for fiscal year 1996; to the Col. Patrick J. Gallagher, 3723. ment in the U.S. Marine Corps to the grade Committee on Governmental Affairs. Col. Edward J. Mechenbier, 3853. indicated under title 10, United States Code, EC–1743. A communication from the Acting Col. Jeffrey M. Musfeldt, 8617. section 624: Assistant Administrator for Fisheries of the Col. Allan R. Poulin, 0569. To be major general National Marine Fisheries Service, National Col. Giuseppe P. Santaniello, 7772. Brig. Gen. Terrence P. Murray, 7177. Oceanic and Atmospheric Administration, Col. Robert B. Siegfried, 5248. The following-named officer for appoint- Department of Commerce, transmitting, pur- Col. Robert C. Stumpf, 5111. ment as Judge Advocate General of the U.S. suant to law, a rule entitled ‘‘Fisheries of Col. William E. Thomlinson, 6969. Navy and for appointment to the grade indi- the Northeastern United States’’ (RIN0648- The following-named officer for appoint- cated under title 10, United States Code, sec- AI21) received on March 25, 1997; to Commit- ment in the U.S. Air Force to the grade indi- tion 5148: tee on Commerce, Science, and Transpor- cated while assigned to a position of impor- To be rear admiral tation. tance and responsibility under title 10, Unit- Capt. John D. Hutson, 9946. EC–1744. A communication from the Acting ed States Code, section 601: Assistant Administrator for Fisheries of the The following-named officer for appoint- To be lieutenant general National Marine Fisheries Service, National ment in the U.S. Navy to the grade indicated Oceanic and Atmospheric Administration, Maj. Gen. Tad J. Oelstrom, 3287. while assigned to a position of importance Department of Commerce, transmitting, pur- The following-named officer for appoint- and responsibility under title 10, United suant to law, a rule entitled ‘‘Fisheries of ment in the U.S. Air Force to the grade indi- States Code, section 601: S3662 CONGRESSIONAL RECORD — SENATE April 24, 1997 To be vice admiral In the Army Reserve there are 18 appoint- Governmental Affairs, jointly, pursuant to Rear Adm. Lee F. Gunn, 4664. ments to the grade of colonel (list begins the order of August 4, 1977, as modified by with Harry L. Bryan, Jr.) (Reference No. 262). the order of April 11, 1986, with instructions (The above nominations were re- In the Army there is 1 appointment to the that if one Committee reports, the other ported with the recommendation that grade of major (Phuong T. Pierson) (Ref- Committee has thirty days to report or be they be confirmed.) erence No. 263). discharged. Mr. THURMOND. Mr. President, for In the Air Force there are 364 appoint- By Mr. GORTON (for himself, Mr. the Committee on Armed Services, I ments to the grade of colonel and below (list ASHCROFT, Mr. MCCAIN, and Mr. report favorably 25 nomination lists in begins with Marilyn S. Abughusson) (Ref- LOTT): the Air Force, Army, Marine Corps and erence No. 264). S. 648. A bill to establish legal standards Navy which were printed in the CON- In the Air Force there are 11 appointments and procedures for product liability litiga- to the grade of lieutenant colonel and below tion, and for other purposes; to the Commit- GRESSIONAL RECORDS of January 7, 28, (list begins with John M. Barker, Jr.) (Ref- tee on Commerce, Science, and Transpor- 30, February 5, 25, 27, March 5, 11, 21, erence No. 269). tation. and April 7, 1997, and ask unanimous In the Marine Corps there is 1 appointment By Ms. SNOWE (for herself, Mr. GRASS- consent, to save the expense of reprint- to the grade of colonel (Todd H. Griffis) (Ref- LEY, Mr. GLENN, Mr. D’AMATO, Mr. ing on the Executive Calendar, that erence No. 270). INOUYE, Mr. ROCKEFELLER, and Mr. these nominations lie at the Sec- In the Marine Corps there are 479 appoint- MACK): retary’s desk for the information of ments to the grade of major (list begins with S. 649. A bill to amend title XVIII of the Senators. Roy P. Ackley, Jr.,) (Reference No. 272). Social Security Act to provide for coverage The PRESIDING OFFICER. Without In the Marine Corps there are 326 appoint- of bone mass measurements for certain individuals under part B of the Medicare pro- objection, it is so ordered. ments to the grade of lieutenant colonel (list begins with Robert J. Abblitt) (Reference No. gram; to the Committee on Finance. (The nominations ordered to lie on 273). By Mr. NICKLES: the Secretary’s desk were printed in In the Navy there is 1 appointment to the S. 650. A bill to amend the Internal Reve- the RECORDS of January 7, 28, 30, Feb- grade of lieutenant commander (Jamel B. nue Code of 1986 to reduce estate taxes by ruary 5, 25, 27, March 5, 11, 21, and April Weatherspoon) (Reference No. 274). providing a 20 percent rate of tax on estates 7, 1997, at the end of the Senate pro- f exceeding $1,000,000, and a 30 percent rate of ceedings.) tax on estates exceeding $10,000,000, and for other purposes; to the Committee on Fi- In the Army there are 30 promotions to the INTRODUCTION OF BILLS AND nance. grade of major (list begins with William M. JOINT RESOLUTIONS By Mr. ALLARD: Austin) (Reference No. 55). The following bills and joint resolu- S.J. Res. 28. A joint resolution proposing In the Army there are 69 promotions to the tions were introduced, read the first grade of colonel (list begins with Richard H. an amendment to the Constitution of the Agosta) (Reference No. 65). and second time by unanimous con- United States granting the President the au- In the Army there are 9 appointments to sent, and referred as indicated: thority to exercise an item veto of individual the grade of colonel (list begins with Richard By Mr. MCCAIN: appropriations in an appropriations bill; to Cooper) (Reference No. 171). S. 641. A bill to require the Federal Com- the Committee on the Judiciary. In the Army there are 66 appointments to munications Commission to eliminate from f the grade of major (list begins with Ida F. its regulations the restrictions on the cross- SUBMISSION OF CONCURRENT AND Agamy) (Reference No. 178). ownership of broadcasting stations and news- In the Navy there are 59 appointments to papers; to the Committee on Commerce, SENATE RESOLUTIONS the grade of lieutenant commander (list be- Science, and Transportation. The following concurrent resolutions gins with Cal D. Astrin) (Reference No. 195). By Mr. TORRICELLI: and Senate resolutions were read, and In the Air Force Reserve there are 83 ap- S. 642. A bill to amend section 842 of title referred (or acted upon), as indicated: pointments to the grade of colonel (list be- 18, United States Code, relating to explosive gins with Robert N. Agee) (Reference No. materials; to the Committee on the Judici- By Mr. BURNS (for himself, Mr. BAU- 218). ary. CUS, Ms. COLLINS, Mr. KEMPTHORNE, In the Army Reserve there is 1 appoint- By Mr. DURBIN (for himself, Mr. Mr. FAIRCLOTH, Mr. BINGAMAN, Mr. DEWINE, Mr. HATCH, Mr. GRASSLEY, ment to the grade of colonel (George B. Gar- GREGG, and Mr. LAUTENBERG): rett) (Reference No. 219). S. 643. A bill to prohibit the Federal Gov- Mr. WARNER, Mr. CLELAND, Mr. GOR- In the Army Reserve there are 32 appoint- ernment from providing insurance, reinsur- TON, Mr. ABRAHAM, Ms. LANDRIEU, ments to the grade of colonel (list begins ance, or noninsured crop disaster assistance Mr. REID, Mr. LIEBERMAN, Mr. DODD, with Vincent J. Albanese) (Reference No. for tobacco; to the Committee on Agri- Mr. MURKOWSKI, Mr. D’AMATO, Mr. 220). culture, Nutrition, and Forestry. KENNEDY, Mr. KERREY, Mr. LEVIN, In the Army Reserve there are 7 appoint- By Mr. D’AMATO: Mr. GRAMM, Mr. KERRY, Mr. LUGAR, ments to the grade of colonel (list begins S. 644. A bill to amend the Public Health and Mr. MOYNIHAN): with James M. Caldwell) (Reference No. 221). Service Act and the Employee Retirement S. Res. 78. A resolution to designate April In the Navy there are 29 appointments to Income Security Act of 1974 to establish 30, 1997, as ‘‘National Erase the Hate and the grade of lieutenant and below (list begins ″ standards for relationships between group Eliminate Racism Day ; to the Committee with Jason T. Baltimore) (Reference No. 222). health plans and health insurance issuers on the Judiciary. In the Army there are 170 appointments to with enrollees, health professionals, and pro- By Mr. MCCAIN: the rank of lieutenant colonel (list begins S. Con. Res. 23. A concurrent resolution viders; to the Committee on Labor and with Bryant H. Aldstadt) (Reference No. 224). honoring the lifetime achievements of Jack- Human Resources. In the Air Force there are 22 appointment ie Robinson; to the Committee on Com- By Mr. LAUTENBERG (for himself and to the grade of colonel and below (list begins merce, Science, and Transportation. Mr. TORRICELLI): with John L. Bush) (Reference No. 227). f In the Army Reserve there is 1 appoint- S. 645. A bill to amend the Federal Water ment to the grade of colonel (Larry W. Pollution Control Act to improve the en- STATEMENTS ON INTRODUCED Rascster) (Reference No. 228). forcement and compliance programs; to the BILLS AND JOINT RESOLUTIONS In the Air Force there are 517 appoint- Committee on Environment and Public ments to the grade of colonel and below (list Works. By Mr. MCCAIN: begins with Barry S. Abbott) (Reference No. By Mr. FORD (for himself, Mr. HOL- S. 641. A bill to require the Federal 229). LINGS, Mr. HELMS, Mr. FAIRCLOTH, Communications Commission to elimi- In the Marine Corps there are 92 appoint- Mr. THURMOND, Mr. COCHRAN, Mr. nate from its regulations the restric- ments to the grade of colonel (list begins ROBB, Mr. SESSIONS, Mr. WARNER, Mr. tions on the cross-ownership of broad- BYRD, Mr. BREAUX, Ms. COLLINS, Ms. with Dirk R. Ahle) (Reference No. 234). casting stations and newspapers; to the In the Army there is 1 appointment to the LANDRIEU, Mr. MCCONNELL, and Mr. grade of lieutenant colonel (Douglas R. SHELBY): Committee on Commerce, Science, and Yates) (Reference No. 239). S. 646. A bill to ensure the competitiveness Transportation. In the Navy there are 3 appointments to of the United States textile and apparel in- THE NEWSPAPER OWNERSHIP ACT the grade of captain and below (list begins dustry; to the Committee on Finance. Mr. McCAIN. Mr. President, I am with Edward H. Lundquist) (Reference No. By Mr. FEINGOLD: pleased to introduce the Newspaper 240). S. 647. A bill to amend the Congressional In the Air Force there are 16 appointments Budget and Impeachment Control Act of 1974 Ownership Act. This legislation would to the grade of colonel and below (list begins to limit consideration of nonemergency mat- eliminate one of the most archaic pro- with Christopher R. Kleinsmith) (Reference ters in emergency legislation; to the Com- visions remaining in telecommuni- No. 261). mittee on the Budget and the Committee on cations law: that which prohibits a April 24, 1997 CONGRESSIONAL RECORD — SENATE S3663 newspaper from being co-owned with a S. 642. A bill to amend section 842 of purchase and use deadly explosive ma- local radio or television station. title 18, United States Code, relating to terial. Mr. President, at a time when the explosive materials; to the Committee Mr. President, this is a simple bill number of outlets for news, informa- on the Judiciary. meant only to correct longstanding tion, and entertainment has expanded THE EXPLOSIVES PROTECTION ACT OF 1997 gaps and loopholes in current law. I exponentially, and at a time when ∑ Mr. TORRICELLI. Mr. President, I urge my colleagues to support the bill, other restrictions on ownership of mass introduce the Explosives Protection and I hope we can quickly move to get media companies have been rethought Act of 1997. I do so just over two years this passed and protect Americans and liberalized one fossil from the age after the tragic bombing of the federal from future acts of explosive destruc- of Walter Winchell and the Dumont building in Oklahoma City, because I tion. Network remains—the law that keeps hope that this bill will, in some small Mr. President, I ask unanimous con- one entity from owning both a news- way, prevent future bombings—wheth- sent that the text of the bill be printed paper and a radio or TV station in the er by terrorists of symbolic targets, in the RECORD. same market. It’s time to finally get malcontents of random ones, or even There being no objection, the bill was rid of this relic. spouses involved in marital disputes. ordered to be printed in the RECORD, as The newspaper/broadcast cross-own- This bill, while not directly related follows: ership prohibition dates from a day to the circumstances in Oklahoma S. 642 when there was a realistic fear that City, is a first step towards protecting Be it enacted by the Senate and House of Rep- common control of both media in the the American people from those who resentatives of the United States of America in same locale could result in the public’s would use explosives to do them harm. Congress assembled, receiving only one point of view on im- Not many people realize, Mr. Presi- SECTION 1. SHORT TITLE. portant issues. dent, just how few restrictions on the This Act may be cited as the ‘‘Explosives Radio and television outlets abound. use and sale of explosives really exist. Protection Act of 1997’’. Many are supplemented by multi- SEC 2. PROHIBITIONS RELATING TO EXPLOSIVE While we have increasingly restricted MATERIALS. channel news and entertainment out- the number of people who can obtain (a) PROHIBITION OF SALE, DELIVERY, OR lets like cable TV and satellite broad- and use a firearm, we have been lax in TRANSFER OF EXPLOSIVE MATERIALS TO CER- casting. Even in the smallest markets, extending these prohibitions to explo- TAIN INDIVIDUALS.—Section 842 of title 18, diversity of viewpoints is as close as sives. United States Code, is amended by striking clicking on the Internet. For instance, while we prohibit ille- subsection (d) and inserting the following: It is not surprising that, in this era gal aliens from obtaining a gun, we ‘‘(d) PROHIBITION OF SALE, DELIVERY, OR of media diversity, newspapers have allow them to obtain explosives with- TRANSFER OF EXPLOSIVE MATERIALS TO CER- found it tough going, their numbers TAIN INDIVIDUALS.—It shall be unlawful for out restriction. And this same diver- any licensee to knowingly sell, deliver, or steadily declining over the years. In gence applies to those who have been transfer any explosive materials to any indi- this environment, the infusion of re- dishonorably discharged from the vidual who— sources that would result from allow- armed forces, those who have re- ‘‘(1) is less than 21 years of age; ing them to be owned by local radio nounced U.S. citizenship, people who ‘‘(2) is under indictment for, or has been and TV station owners would be most have acted in such a way as to have re- convicted in any court of, a crime punishable beneficial. Moreover, is there any rea- straining orders issued against them, by imprisonment for a term exceeding 1 son to think that an attempt to make and those with domestic violence con- year; a newspaper walk in the lock-step with ‘‘(3) is a fugitive from justice; victions. Each of these categories of ‘‘(4) is an unlawful user of or addicted to a co-owned broadcast station would not persons are prohibited from obtaining any controlled substance (as defined in sec- be readily detected by the public, and firearms, but face no such prohibition tion 102 of the Controlled Substances Act (21 rejected in favor of more diverse on obtaining explosive material. U.S.C. 802)); sources of information? It is difficult Additionally, while this Congress has ‘‘(5) has been adjudicated as a mental de- to believe that, given the almost bewil- been moving to prevent nonimmigrant fective or has been committed to any mental dering variety in the numbers and legal aliens from obtaining a gun, in institution; types of information sources available response to the recent shooting at the ‘‘(6) being an alien— in even the smallest markets, any Empire State Building, we have ne- ‘‘(A) is illegally or unlawfully in the Unit- ed States; or seeker of information could be either glected to work towards this same goal ‘‘(B) except as provided in subsection (l), so passive or so defenseless. with regards to explosives. has been admitted to the United States Mr. President, I introduce this bill in Mr. President, many of these dif- under a nonimmigrant visa (as that term is an effort to engage informed debate on ferences in the law are simply over- defined in section 101(a)(26) of the Immigra- this outdated restriction. I ask unani- sights—Congress has often acted to tion and Nationality Act (8 U.S.C. mous consent that the text of the bill limit the use and sale of firearms, and 1101(a)(26)); be printed on the RECORD. has neglected to bring explosives law ‘‘(7) has been discharged from the Armed There being no objection, the bill was into line. And in so doing, we have Forces under dishonorable conditions; ‘‘(8) having been a citizen of the United ordered to be printed in the RECORD, as made it all too easy for many of the States, has renounced his citizenship; follows: most dangerous or least accountable ‘‘(9) is subject to a court order that re- S. 641 members of society to obtain materials strains such person from harassing, stalking, Be it enacted by the Senate and House of Rep- which can result in an equal or even or threatening an intimate partner of such resentatives of the United States of America in greater loss of life. person or child of such intimate partner or Congress assembled, Congress has already made the deter- person, or engaging in other conduct that SECTION 1. CROSS-OWNERSHIP OF BROADCAST- mination that certain members of soci- would place an intimate partner in reason- ING AND NEWSPAPERS. ety should not have access to firearms, able fear of bodily injury to the partner or (a) RULE CHANGES REQUIRED.—The Federal and the same logic clearly applies to child, except that this paragraph shall only apply to a court order that— Communications Commission shall modify dangerous and destructive explosive section 73.3555 of its regulations (47 C.F.R. ‘‘(A) was issued after a hearing of which 73.3555) by eliminating any provisions limit- materials. It is time to bring the explo- such person received actual notice, and at ing the granting or renewal of an AM, FM, or sives law into line with gun laws, and which such person had the opportunity to TV broadcast station license to any party this is all my bill does. participate; and (including parties under common control) on Specifically, my bill would take the ‘‘(B)(i) includes a finding that such person the basis of the ownership, operation, or con- list of categories of people who cannot represents a credible threat to the physical trol by such party of a daily newspaper. obtain firearms and would add any of safety of such intimate partner or child; and (b) DEADLINE FOR ACTION.—The Federal those categories not currently covered ‘‘(ii) by its terms explicitly prohibits the Communications Commission shall complete under the explosives law. Additionally, use, attempted use, or threatened use of all action necessary to complete the modi- physical force against such intimate partner fications required by subsection (a) within 90 my bill would insert the Durbin-Ken- or child that would reasonably be expected days after the date of enactment of this Act. nedy nonimmigrant provisions into the to cause bodily injury; or law to protect us from persons entering ‘‘(10) has been convicted in any court of a By Mr. TORRICELLI: the country and quickly moving to misdemeanor crime of domestic violence.’’. S3664 CONGRESSIONAL RECORD — SENATE April 24, 1997 (b) PROHIBITION ON SHIPPING, TRANSPORT- ‘‘(D) a foreign law enforcement officer of a farmers paid, and $11 million for over- ING, POSSESSION, OR RECEIPT OF EXPLOSIVES friendly foreign government entering the head costs of administering the crop BY CERTAIN INDIVIDUALS.—Section 842 of title United States on official law enforcement insurance program for tobacco crops. 18, United States Code, is amended by strik- business. This year, federal tobacco-related sub- ing subsection (p) and inserting the follow- ‘‘(3) WAIVER.— ing: ‘‘(A) IN GENERAL.—Any individual who has sidies are estimated to amount to $67 ‘‘(p) PROHIBITION ON SHIPPING, TRANSPORT- been admitted to the United States under a million, including $48 million related ING, POSSESSION, OR RECEIPT OF EXPLOSIVES nonimmigrant visa and who is not described to crop insurance. BY CERTAIN INDIVIDUALS.—It shall be unlaw- in paragraph (2), may receive a waiver from In an era of tight budgets, there are ful for any person to ship or transport in the applicability of subsection (d)(5)(B) or better uses for this money. It makes no interstate or foreign commerce, or possess, (p)(5)(B), if— budgetary sense to subsidize a crop in or affecting commerce, any explosive, or ‘‘(i) the individual submits to the Attorney that causes an enormous amount of to receive any explosive that has been General a petition that meets the require- shipped or transported in interstate or for- disease, disability, and death. ments of subparagraph (B); and This amendment will not affect the eign commerce, if that person— ‘‘(ii) the Attorney General approves the pe- ‘‘(1) is less than 21 years of age; tition. tobacco price support program, so it ‘‘(2) has been convicted in any court, of a ‘‘(B) PETITIONS.—Each petition under sub- will not drive any tobacco farmers out crime punishable by imprisonment for a paragraph (A)(i) shall— of business. It will merely get the fed- term exceeding 1 year; ‘‘(i) demonstrate that the petitioner has eral government out of the business of ‘‘(3) is a fugitive from justice; resided in the United States for a continuous ‘‘(4) is an unlawful user of or addicted to paying for these specific subsidies for period of not less than 180 days before the any controlled substance (as defined in sec- this deadly crop. date on which the petition is submitted tion 102 of the Controlled Substances Act (21 Cigarettes and smokeless tobacco under this paragraph; and U.S.C. 802)); products kill more than 400,000 Ameri- ‘‘(ii) include a written statement from the ‘‘(5) has been adjudicated as a mental de- embassy or consulate of the petitioner, au- cans every year of cancer, heart dis- fective or who has been committed to a men- thorizing the petitioner to engage in any ac- ease, and other illnesses. These prod- tal institution; tivity prohibited under subsection (d) or (p), ucts also disable hundreds of thousands ‘‘(6) being an alien— as applicable, and certifying that the peti- of other Americans through emphy- ‘‘(A) is illegally or unlawfully in the Unit- tioner would not otherwise be prohibited sema and other respiratory illnesses. ed States; or from engaging in that activity under sub- ‘‘(B) except as provided in subsection (l), It’s time to take another step toward section (d) or (p), as applicable.’’.∑ has been admitted to the United States getting the federal government out of this business. under a nonimmigrant visa (as that term is By Mr. DURBIN (for himself, Mr. defined in section 101(a)(26) of the Immigra- I invite my colleagues to cosponsor tion and Nationality Act (8 U.S.C. GREGG, and Mr. LAUTENBERG): the Tobacco Subsidy Reduction Act 1101(a)(26)); S. 643. A bill to prohibit the Federal and tell their constituents that they ‘‘(7) has been discharged from the Armed Government from providing insurance, are working to cut government tobacco Forces under dishonorable conditions; reinsurance, or noninsured crop disas- subsidies. ‘‘(8) having been a citizen of the United ter assistance for tobacco; to the Com- I ask unanimous consent that a copy States, has renounced his citizenship; or mittee on Agriculture, Nutrition, and of the bill be printed in the RECORD. ‘‘(9) is subject to a court order that— Forestry. ‘‘(A) was issued after a hearing of which There being no objection, the bill was such person received actual notice, and at THE TOBACCO SUBSIDY REDUCTION ACT OF 1997 ordered to be printed in the RECORD, as which such person had an opportunity to Mr. DURBIN. Mr. President, people follows: participate; often ask their elected officials, ‘‘If S. 643 ‘‘(B) restrains such person from harassing, smoking is so dangerous, why does Be it enacted by the Senate and House of Rep- stalking, or threatening an intimate partner Congress subsidize tobacco?’’ Today, resentatives of the United States of America in of such person or child of such intimate part- my colleagues Senator GREGG of New Congress assembled, ner or person, or engaging in other conduct Hampshire and Senator LAUTENBERG of SECTION 1. SHORT TITLE. that would place an intimate partner in rea- This Act may be cited as the ‘‘Tobacco sonable fear of bodily injury to the partner New Jersey are joining me in introduc- Subsidy Reduction Act of 1997’’. or child; and ing legislation that will give my col- ‘‘(C)(i) includes a finding that such person leagues an answer to this question. SEC. 2. PROHIBITION OF FEDERAL INSURANCE, REINSURANCE, OR NONINSURED represents a credible threat to the physical The Tobacco Subsidy Reduction Act CROP DISASTER ASSISTANCE FOR safety of such intimate partner or child; and of 1997 ends the largest direct federal TOBACCO. ‘‘(ii) by its terms explicitly prohibits the subsidy of tobacco. Specifically, this (a) CROP INSURANCE.— use, attempted use, or threatened use of legislation prohibits the federal gov- (1) DEFINITION OF AGRICULTURAL COMMOD- physical force against such intimate partner ernment from offering crop insurance ITY.—Section 518 of the Federal Crop Insur- or child that would reasonably be expected or providing crop insurance subsidies ance Act (7 U.S.C. 1518) is amended— to cause bodily injury; or (A) by striking the section heading and all ‘‘(10) has been convicted in any court of a for tobacco. For consistency, it also that follows through ‘‘as used in this title, misdemeanor crime of domestic violence.’’. prohibits payments for tobacco under means’’ and inserting the following: (c) EXCEPTIONS AND WAIVER FOR CERTAIN the Non-Insured Disaster Assistance ‘‘SEC. 518. DEFINITION OF AGRICULTURAL COM- INDIVIDUALS.—Section 842 of title 18, United Program, an alternative risk manage- MODITY. States Code, is amended by adding at the end ment program created in the 1996 Farm ‘‘(a) DEFINITION.—In this title, the term the following: Bill for crops not eligible for the crop ‘agricultural commodity’ means’’; ‘‘(l) EXCEPTIONS AND WAIVER FOR CERTAIN insurance program. I ask that the full (B) by striking ‘‘tobacco,’’; and INDIVIDUALS.— (C) by adding at the end the following: ‘‘(1) DEFINITIONS.—In this subsection— text of the legislation appear in the ‘‘(b) EXCEPTION.—In this title, the term ‘‘(A) the term ‘alien’ has the same meaning RECORD following my statement. ‘agricultural commodity’ does not include as in section 101(a)(3) of the Immigration and Tobacco growing and processing is tobacco. The Corporation may not insure, Nationality Act (8 U.S.C. 1101(a)(3)); and one of the most lucrative industries in provide reinsurance for insurers of, or pay ‘‘(B) the term ‘nonimmigrant visa’ has the America. To protect their profits de- any part of the premium related to the cov- same meaning as in section 101(a)(26) of the spite the health dangers of their prod- erage of a crop of tobacco.’’. Immigration and Nationality Act (8 U.S.C. uct, tobacco growers created the ‘‘no (2) CONFORMING AMENDMENTS.—Section 508 1101(a)(26)). of the Federal Crop Insurance Act (7 U.S.C. ‘‘(2) EXCEPTIONS.—Subsections (d)(5)(B) and net cost’’ price support program. But a 1508) is amended— (p)(5)(B) do not apply to any alien who has variety of taxpayer subsidies to to- (A) in the first sentence of subsection been lawfully admitted to the United States bacco remain, including crop insur- (a)(2), by striking ‘‘cases of tobacco and’’ and pursuant to a nonimmigrant visa, if that ance, extension services, and other pro- inserting ‘‘case of’’; and alien is— grams assisting tobacco production and (B) in subsection (h)(9)(A), by inserting ‘‘, ‘‘(A) admitted to the United States for law- sales. excluding tobacco,’’ after ‘‘commodity’’. ful hunting or sporting purposes; Last year, the federal government (b) NONINSURED CROP DISASTER ASSIST- ‘‘(B) a foreign military personnel on offi- ANCE.—Section 196(a)(2) of Agricultural Mar- cial assignment to the United States; spent $98 million on tobacco-related ket Transition Act (7 U.S.C. 7333(a)(2)) is ‘‘(C) an official of a foreign government or subsidies and programs. These costs in- amended by adding at the end the following: a distinguished foreign visitor who has been clude $68 million for crop insurance ‘‘(C) CROPS SPECIFICALLY EXCLUDED.—The so designated by the Department of State; or losses beyond the premiums tobacco term ‘eligible crop’ does not include tobacco. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3665 The Secretary may not make assistance personal injuries resulting from plan cular bypass in order to be treated, the available under this section to cover losses policies even when those policies di- doctor estimated a stay between 10 and to a crop of tobacco.’’. rectly contributed to the patient’s 15 days. (c) APPLICATION OF AMENDMENTS.— Upon learning this, an HMO official (1) IN GENERAL.—Subject to paragraph (2), death or injury. This is wrong and this the amendments made by this section shall bill would guarantee that if HMO poli- went to the gentleman’s hospital room, apply with respect to the 1997 and subsequent cies hurt patients, the HMO will be and without even notifying the doctor, crops of tobacco. held accountable for their actions. told the man that ‘‘he could watch EXISTING CONTRACTS.—The amendments In addition, within a patient’s health Oprah and be treated as well from made by this section shall not apply to a plan, this bill guarantees patients can home with a visiting nurse.’’ The gen- contract of insurance of the Federal Crop In- quickly and easily appeal adverse deci- tleman’s doctor repeatedly argued with surance Corporation, or a contract of insur- sions by their manage care plans. ance reinsured by the Corporation, in exist- the HMO that it was not medically safe ence on the date of enactment of this Act. We’ve heard too many horror stories of to release his patient from the hos- patients who have been denied treat- pital. But, with fluid still draining By Mr. D’AMATO: ment by a health plans’ policy. In addi- from his wounds and the doctor still S. 644. A bill to amend the Public tion, the appeals process is too bureau- protesting against the early discharge, Health Service Act and the Employee cratic and lengthy, sometimes result- the gentleman was sent home just a Retirement Income Security Act of ing in tragic consequences. We must al- week after being admitted. The next 1974 to establish standards for relation- ways put the quality of patient care day, the HMO sent a nurse—not a car- ships between group health plans and first. diovascular specialist or even a doctor, health insurance issuers with enrollees, The Right to Full Disclosure. This but a nurse—to his home to evaluate health professionals, and providers; to bill also provides that health insurance his condition and to show his wife how the Committee on Labor and Human plans make available to each patient a to change the dressing covering his Resources. list of what health care is covered, wounds. With this state of affairs, the THE PATIENT ACCESS TO RESPONSIBLE CARE ACT what are the plans costs and profits, man eventually required surgery. With Mr. D’AMATO. Mr. President, I am and how much is the plan spending on the early discharge and the lack of reintroducing this bill in an effort to pro- marketing and other non-medical sponsible care on the part of the HMO, tect the vast majority of patients in costs. This is a sort of ‘‘truth-in-lend- the surgery had to be postponed be- this country. Currently, in order to ing’’ statement for health plans. cause the patient’s blood had become control the cost of health care, man- When I first considered introducing too thin to safely perform surgery. aged care organizations often place this Patients’ Bill of Rights, I was con- In Georgia, a 2-year old boy was suf- limits on the delivery of necessary cerned about how prevalent a need fering from a high fever which did not medical services. I believe American there was for this type of legislation. I respond to medication. His parents fol- families must be guaranteed basic quickly found numerous instances lowed the insurance company’s instruc- health rights when dealing with HMOs where patients were suffering adverse tions for pre-authorization of emer- and managed care providers. The bot- outcomes from poor medical decisions gency room care and attempted to tom line in medicine must be the made by managed care companies. The drive 42 miles to the preferred hospital. health of the patient, not the profits of most publicized recent case is Corcoran The couple passed five emergency any given company. This legislation, versus United Health Care. In this case, rooms along the way. Before they could the Patient Access to Responsible Care Ms. Corcoran, a Louisiana woman with reach the preferred hospital, their son Act, will meet this obligation. a high risk pregnancy, was admitted to went into cardiac arrest and stopped With this Act, I seek to establish a hospital under her physician’s orders. breathing. The child slipped into a basic protections for patients and She was discharged from the hospital coma, developed gangrene in his ex- health care providers in order to ensure after her health plan refused to pay for tremities, and subsequently lost his the best medical care for patients. I en- her care. The health plan would only arms and legs to amputation. vision these basic provisions giving authorize a visiting nurse to check on In California, a young girl was diag- Americans a set of health rights, in the the woman at home. At one point, nosed with Wilm’s tumor, a rare child- form of a Patients’ Bill of Rights, when when the nurse was absent, the unborn hood kidney cancer. The families new dealing with HMOs and other health in- child went into distress and died. The HMO required that the girl’s surgery be surance plans. These rights include: U.S. Court of Appeals for the 5th Cir- performed by a surgeon within the The Right to Choose Your Own Doc- cuit ruled that the woman had no right managed care plan. None of the plan’s tor. This bill will allow patients to se- to sue the HMO for damages because surgeons had any experience with lect their own doctors within their the insurance plan was governed under Wilm’s tumor. The family chose to use plan and change their selection of doc- ERISA laws. These laws preempt state an expert surgeon outside of the plan tor as the patient feels necessary. It insurance laws allowing patients to who had a proven track record with also gives patients, who are in man- seek due process. Americans cannot ex- this type of tumor. The surgery was a aged care-only health plans, the option pect health care with this type of man- success and the child has fully recov- to see doctors outside their HMOs for aged health care. ered. However, the HMO denied cov- an additional fee. As I said before, there are numerous erage for going outside of their system The Right to Quality Health Care. instances where managed care is re- causing the family to enter a 2 year This legislation will ensure that doc- vealed to be ruled by a company’s prof- legal battle with the plan. In the first tors are not prohibited or limited in its. In New York, a diabetic developed ever enforcement action against an any way from discussing a patient’s an infection in his foot that had be- HMO for a patient complaint, the state health status, treatment options or come gangrenous and had spread all imposed a $500,000 fine against the plan any other medical communications. It the way to his groin. Almost his entire for denying appropriate medical care. also stops HMOs from using financial leg was infected and the blood vessels In Colorado, a 75-year old woman was incentives for doctors to deny or limit clogged. His doctor, a cardio-vascular diagnosed with Kidney Cancer, but her care to patients. We must make sure specialist, feared that the gentleman plan refused to authorize surgery to re- that health care decisions are based on could lose his foot if treatment was not move the kidney and tumor of such an sound medical criteria and not the fi- initiated immediately. So, as a respon- elderly woman. The plan only relented nancial bottom line. sible physician, he admitted his patient and allowed the surgery to be per- The Right to Justice. This Act closes to the hospital where he was imme- formed when a Congressman finally in- loopholes in current law that allow the diately treated with intravenous anti- tervened on her behalf. The lady’s can- vast majority of health insurance plans biotics to combat the infection. Once cer is now in full remission. to escape legal responsibility for deci- in the hospital, the gentleman’s HMO In Texas, a 17-year old Texas girl was sions causing needless injury or death contacted the doctor to find out how critically injured in a head-on car to a patient. Currently, self-insured long he anticipated the hospital stay crash that left her with severe head managed care plans cannot be held lia- would be. Since the man had clogged trauma, a broken back, a crushed pel- ble for a patient’s wrongful death or blood vessels and had to undergo a vas- vis, and numerous other injuries. She S3666 CONGRESSIONAL RECORD — SENATE April 24, 1997 eventually pulled through, but her who you are, you will be responsible for ‘‘Sec. 2778. Information reporting and health plan refused to pay $40,000 of her your actions. ERISA was never in- disclosure. hospital bill because her family had tended to be used as a shield for health ‘‘Sec. 2779. Confidentiality; adequate reserves. not received ‘‘prior authorization’’ for plans providing negligent medical care. ‘‘Sec. 2780. Quality improvement pro- her emergency admission to the hos- Also, there will be a provision provid- gram. pital—even though the hospital was a ing due process on patient appeals Sec. 3. Patient protection standards under preferred provider for the plan. claims made to their heath plans. the Employee Retirement In- These stories are not isolated inci- Within the plan, patients will be guar- come Security Act of 1974. dents. They do not happen just in New anteed the ability to quickly and easily Sec. 4. Non-preemption of State law respect- York and Georgia, but across the na- appeal adverse decisions. ing liability of group health tion. They speak for the thousands of The act will establish an information plans. patients across the country who have disclosure provision allowing patients SEC. 2. PATIENT PROTECTION STANDARDS UNDER THE PUBLIC HEALTH SERV- been denied access to the responsible to make informed decisions about ICE ACT. care they need and deserve. which health plan would be best for (a) PATIENT PROTECTION STANDARDS.—Title Mr. President, I believe it would be them. This is a sort of ‘‘Truth in Lend- XXVII of the Public Health Service Act is beneficial for my colleagues if I sum- ing’’ statement for HMO’s. Every amended— marized what rights this bill will pro- health plan will be required to disclose (1) by redesignating part C as part D, and vide for patients across the country information about plan benefits, ap- (2) by inserting after part B the following and how this bill meets those rights. peals procedures, plan performance new part: First of all, we are trying to increase measures, history of patient satisfac- ‘‘PART C—PATIENT PROTECTION STANDARDS patient access to plans and doctors. Pa- tion, as well as the number and type of ‘‘SEC. 2770. NOTICE; ADDITIONAL DEFINITIONS; tients, including those in under served health care providers participating in CONSTRUCTION. inner-city and rural areas, are ensured the network. Based on this informa- ‘‘(a) NOTICE.—A health insurance issuer their choice of doctor within the plan. under this part shall comply with the notice tion, patients will be guaranteed the requirement under section 711(d) of the Em- The bill will ensure that health plans ability to make informed decisions ployee Retirement Income Security Act of have enough doctors to guarantee this about the quality of their health care 1974 with respect to the requirements of this choice. Patients will also have access and the managed care companies they part as if such section applied to such issuer to any specialist required by their med- choose from. and such issuer were a group health plan. ical condition within the plan. In addi- In addition, there will be doctor and ‘‘(b) ADDITIONAL DEFINITIONS.—For pur- tion, patients are to have emergency patient protections from discrimina- poses of this part: health care without the burden of seek- tion. The provision allows any doctor ‘‘(1) ENROLLEE.—The term ‘enrollee’ ing prior approval from their health means, with respect to health insurance cov- who meets a clear set of standards the erage offered by a health insurance issuer, an plan. opportunity to be a member of any individual enrolled with the issuer to receive Also in this Act, patients will have managed care plan. In addition, pa- such coverage. an expanded choice of health care pro- tients will not be discriminated against ‘‘(2) HEALTH PROFESSIONAL.—The term viders inside and outside of the net- based on their personal background or ‘health professional’ means a physician or work. People can either go through the preexisting conditions, such as long- other health care practitioner licensed, ac- network, or choose a plan that allows term and costly diseases. credited, or certified to perform specified them to go out of the network, al- Mr. President, we have an obligation health services consistent with State law. though at a higher cost. They will be to set minimum health care standards ‘‘(3) NETWORK.—The term ‘network’ means, allowed to select their own personal with respect to a health insurance issuer of- in the private sector to protect Amer- fering health insurance coverage, the par- doctors within their plan and change ican families and ensure they have ac- ticipating health professionals and providers their selection as the patient feels nec- cess to quality health care. We cannot through whom the plan or issuer provides essary. Patients will also be given the allow the profits of the company to get health care items and services to enrollees. option to choose a health insurance in the way of patient health. ‘‘(4) NETWORK COVERAGE.—The term ‘net- plan that covers health care options Mr. President, I ask unanimous con- work coverage’ means health insurance cov- not offered in the network. The man- sent that the text of the bill be printed erage offered by a health insurance issuer aged care plan would reimburse the in the RECORD. that provides or arranges for the provision of costs of these services based on rates There being no objection, the bill was health care items and services to enrollees through participating health professionals consistent with those negotiated under ordered to be printed in the RECORD, as and providers. the plan. Patients would be responsible follows: ‘‘(5) PARTICIPATING.—The term ‘participat- for any remaining costs. S. 644 ing’ means, with respect to a health profes- This bill will include a prohibition on Be it enacted by the Senate and House of Rep- sional or provider, a health professional or gag rules. Patients are ensured that resentatives of the United States of America in provider that provides health care items and the health plan will not in any way Congress assembled, services to enrollees under network coverage limit doctors from discussing the pa- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. under an agreement with the health insur- tient’s health status, treatment op- (a) SHORT TITLE.—This Act may be cited as ance issuer offering the coverage. ‘‘(6) PRIOR AUTHORIZATION.—The term tions or any other medical communica- the ‘‘Patient Access to Responsible Care Act of 1997’’. ‘prior authorization’ means the process of tion. Health plans can not offer any in- (b) TABLE OF CONTENTS.—The table of con- obtaining prior approval from a health insur- centives, financial or otherwise, for tents of this Act is as follows: ance issuer as to the necessity or appro- doctors to deny or limit any health Sec. 1. Short title; table of contents. priateness of receiving medical or clinical care. Sec. 2. Patient protection standards under services for treatment of a medical or clini- In addition, this Bill of Rights forces the Public Health Service Act. cal condition. HMOs to be responsible for their deci- ‘‘PART C—PATIENT PROTECTION STANDARDS ‘‘(7) PROVIDER.—The term ‘provider’ means a health organization, health facility, or sions. Currently, HMOs can not be held ‘‘Sec. 2770. Notice; additional defini- health agency that is licensed, accredited, or liable for wrongful death or personal tions; construction. certified to provide health care items and ‘‘Sec. 2771. Enrollee access to care. injury suffered by the medical decision services under applicable State law. making policies of the plan, action ‘‘Sec. 2772. Enrollee choice of health professionals and providers. ‘‘(8) SERVICE AREA.—The term ‘service may only be brought against the doc- ‘‘Sec. 2773. Nondiscrimination against area’ means, with respect to a health insur- tor and the hospital. Even if the HMO enrollees and in the selection of ance issuer with respect to health insurance or the plan had in place a policy which health professionals; equitable coverage, the geographic area served by the directly contributed to death or injury access to networks. issuer with respect to the coverage. of a patient, they are protected. This ‘‘Sec. 2774. Prohibition of interference ‘‘(9) UTILIZATION REVIEW.—The term ‘utili- bill changes that by ensuring that with certain medical commu- zation review’ means prospective, concurrent, or retrospective review of health care managed care plans are held respon- nications. ‘‘Sec. 2775. Development of plan policies. items and services for medical necessity, ap- sible for any medical decisions that ‘‘Sec. 2776. Due process for enrollees. propriateness, or quality of care that in- they make. This bill says that if you ‘‘Sec. 2777. Due process for health profes- cludes prior authorization requirements for make a medical decision, no matter sionals and providers. coverage of such items and services. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3667

‘‘(c) NO REQUIREMENT FOR ANY WILLING nose, treat, and stabilize an emergency medi- ‘‘(i) provides stop-loss protection for the PROVIDER.—Nothing in this part shall be con- cal condition, and professional, provider, or group that is ade- strued as requiring a health insurance issuer ‘‘(iv) urgent care services, without regard quate and appropriate, based on standards that offers network coverage to include for to whether the health professional or pro- developed by the Secretary that take into participation every willing provider or vider furnishing such services has a contrac- account the number of professionals or pro- health professional who meets the terms and tual (or other) arrangement with the issuer; viders placed at such substantial financial conditions of the plan or issuer. and risk in the group or under the coverage and ‘‘SEC. 2771. ENROLLEE ACCESS TO CARE. ‘‘(D) make prior authorization determina- the number of individuals enrolled with the ‘‘(a) GENERAL ACCESS.— tions for— issuer who receive services from the profes- ‘‘(1) IN GENERAL.—Subject to paragraphs ‘‘(i) services that are furnished in a hos- sional, provider, or group, and (2), and (3), a health insurance issuer shall pital emergency department (other than ‘‘(ii) conducts periodic surveys of both in- establish and maintain adequate arrange- services described in clauses (i) and (iii) of dividuals enrolled and individuals previously ments, as defined by the applicable State au- subparagraph (C)), and enrolled with the issuer to determine the de- thority, with a sufficient number, mix, and ‘‘(ii) urgent care services, within the time gree of access of such individuals to services distribution of health professionals and pro- periods specified in (or pursuant to) section provided by the issuer and satisfaction with viders to assure that covered items and serv- 2776(a)(8). the quality of such services. ices are available and accessible to each en- ‘‘(2) DEFINITIONS.—For purposes of this sub- ‘‘(C) The issuer provides the Secretary rollee under health insurance coverage— section: with descriptive information regarding the ‘‘(A) in the service area of the issuer; ‘‘(A) EMERGENCY MEDICAL CONDITION.—The plan, sufficient to permit the Secretary to ‘‘(B) in a variety of sites of service; term ‘emergency medical condition’ means a determine whether the plan is in compliance ‘‘(C) with reasonable promptness (includ- medical condition (including emergency with the requirements of this paragraph. ing reasonable hours of operation and after- labor and delivery) manifesting itself by ‘‘(2) In this subsection, the term ‘health hours services); acute symptoms of sufficient severity (in- professional or provider incentive plan’ ‘‘(D) with reasonable proximity to the resi- cluding severe pain) such that a prudent means any compensation arrangement be- dences and workplaces of enrollees; and layperson, who possesses an average knowl- tween a health insurance issuer and a health ‘‘(E) in a manner that— edge of health and medicine, could reason- professional or provider or professional or ‘‘(i) takes into account the diverse needs of ably expect the absence of immediate medi- provide group that may directly or indi- enrollees, and cal attention could reasonably be expected rectly have the effect of reducing or limiting ‘‘(ii) reasonably assures continuity of care. to result in— services provided with respect to individuals For a health insurance issuer that serves a ‘‘(i) placing the patient’s health in serious enrolled with the issuer. rural or medically underserved area, the is- jeopardy, suer shall be treated as meeting the require- ‘‘SEC. 2772. ENROLLEE CHOICE OF HEALTH PRO- ‘‘(ii) serious impairment to bodily func- FESSIONALS AND PROVIDERS. ment of this subsection if the issuer has ar- tions, or rangements with a sufficient number, mix, ‘‘(iii) serious dysfunction of any bodily ‘‘(a) CHOICE OF PERSONAL HEALTH PROFES- and distribution of health professionals and organ or part. SIONAL.—A health insurance issuer shall per- providers having a history of serving such ‘‘(B) EMERGENCY SERVICES.—The term mit each enrollee under network coverage areas. The use of telemedicine and other in- ‘emergency services’ means health care to— novative means to provide covered items and items and services that are necessary for the ‘‘(1) select a personal health professional services by a health insurance issuer that diagnosis, treatment, and stabilization of an from among the participating health profes- serves a rural or medically underserved area emergency medical condition. sionals of the issuer, and shall also be considered in determining ‘‘(C) URGENT CARE SERVICES.—The term ‘ur- ‘‘(2) change that selection as appropriate. whether the requirement of this subsection gent care services’ means health care items ‘‘(b) POINT-OF-SERVICE OPTION.— is met. and services that are necessary for the treat- ‘‘(1) IN GENERAL.—If a health insurance is- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ment of a condition that— suer offers to enrollees health insurance cov- this subsection shall be construed as requir- ‘‘(i) is not an emergency medical condi- erage which provides for coverage of services ing a health insurance issuer to have ar- tion, only if such services are furnished through rangements that conflict with its respon- ‘‘(ii) requires prompt medical or clinical health professionals and providers who are sibilities to establish measures designed to treatment, and members of a network of health profes- maintain quality and control costs. ‘‘(iii) poses a danger to the patient if not sionals and providers who have entered into ‘‘(3) DEFINITIONS.—For purposes of para- treated in a timely manner, as defined by the a contract with the issuer to provide such graph (1): applicable State authority in consultation services, the issuer shall also offer to such ‘‘(A) MEDICALLY UNDERSERVED AREA.—The with relevant treating health professionals enrollees (at the time of enrollment) the op- term ‘medically underserved area’ means an or providers. tion of health insurance coverage which pro- area that is designated as a health profes- ‘‘(c) SPECIALIZED SERVICES.— vides for coverage of such services which are sional shortage area under section 332 of the not furnished through health professionals Public Health Service Act or as a medically ‘‘(1) IN GENERAL.—A health insurance issuer offering network coverage shall dem- and providers who are members of such a underserved area for purposes of section 330 network. or 1302(7) of such Act. onstrate that enrollees have access to specialized treatment expertise when such ‘‘(2) FAIR PREMIUMS.—The amount of any ‘‘(B) RURAL AREA.—The term ‘rural area’ additional premium required for the option means an area that is not within a Standard treatment is medically or clinically indi- described in paragraph (1) may not exceed an Metropolitan Statistical Area or a New Eng- cated in the professional judgment of the amount that is fair and reasonable, as estab- land County Metropolitan Area (as defined treating health professional, in consultation lished by the applicable State authority, in by the Office of Management and Budget). with the enrollee. consultation with the National Association ‘‘(b) EMERGENCY AND URGENT CARE.— ‘‘(2) DEFINITION.—For purposes of para- of Insurance Commissioners, based on the ‘‘(1) IN GENERAL.—A health insurance is- graph (1), the term ‘specialized treatment ex- suer shall— pertise’ means expertise in diagnosing or nature of the additional coverage provided. ‘‘(A) assure the availability and accessibil- treating— ‘‘(3) COST-SHARING.—Under the option de- ity of medically or clinically necessary ‘‘(A) unusual diseases or conditions, or scribed in paragraph (1), the health insur- emergency services and urgent care services ‘‘(B) diseases and conditions that are un- ance coverage shall provide for reimburse- within the service area of the issuer 24 hours usually difficult to diagnose or treat. ment rates for covered services offered by a day, 7 days a week; ‘‘(d) INCENTIVE PLANS.— health professionals and providers who are ‘‘(B) require no prior authorization for ‘‘(1) IN GENERAL.—In the case of a health not participating health professionals or pro- items and services furnished in a hospital insurance issuer that offers network cov- viders that are not less than the reimburse- emergency department to an enrollee (with- erage, any health professional or provider in- ment rates for covered services offered by out regard to whether the health profes- centive plan operated by the issuer with re- participating health professionals and pro- sional or hospital has a contractual or other spect to such coverage shall meet the follow- viders. Nothing in this paragraph shall be arrangement with the issuer) with symptoms ing requirements: construed as protecting an enrollee against that would reasonably suggest to a prudent ‘‘(A) No specific payment is made directly balance billing by a health professional or layperson an emergency medical condition or indirectly under the plan to a professional provider that is not a participating health (including items and services described in or provider or group of professionals or pro- professional or provider. subparagraph (C)(iii)); viders as an inducement to reduce or limit ‘‘(c) CONTINUITY OF CARE.—A health insur- ‘‘(C) cover (and make reasonable payments medically necessary services provided with ance issuer offering network coverage shall— for)— respect to a specific enrollee. ‘‘(1) ensure that any process established by ‘‘(i) emergency services, ‘‘(B) If the plan places such a professional, the issuer to coordinate care and control ‘‘(ii) services that are not emergency serv- provider, or group at substantial financial costs does not create an undue burden, as de- ices but are described in subparagraph (B), risk (as determined by the Secretary) for fined by the applicable State authority, for ‘‘(iii) medical screening examinations and services not provided by the professional, enrollees with special health care needs or other ancillary services necessary to diag- provider, or group, the issuer— chronic conditions; S3668 CONGRESSIONAL RECORD — SENATE April 24, 1997

‘‘(2) ensure direct access to relevant spe- ‘‘(c) MEDICAL COMMUNICATION DEFINED.— ‘‘(11) provide timely access, as defined by cialists for the continued care of such enroll- For purposes of this section, the term ‘medi- the applicable State authority, to utilization ees when medically or clinically indicated in cal communication’ means a communication review personnel and, if such personnel are the judgment of the treating health profes- made by a health professional with a patient not available, waives any prior authorization sional, in consultation with the enrollee; of the health professional (or the guardian or that would otherwise be required; and ‘‘(3) in the case of an enrollee with special legal representative of the patient) with re- ‘‘(12) provide notice of an initial deter- health care needs or a chronic condition, de- spect to— mination on payment of a claim within 30 termine whether, based on the judgment of ‘‘(1) the patient’s health status, medical days after the date the claim is submitted the treating health professional, in consulta- care, or legal treatment options; for such item or service, and include in such tion with the enrollee, it is medically or ‘‘(2) any utilization review requirements notice an explanation of the reasons for such clinically necessary to use a specialist or a that may affect treatment options for the determination and of the right to an imme- care coordinator from an interdisciplinary patient; or diate appeal. ‘‘(3) any financial incentives that may af- team to ensure continuity of care; and ‘‘(b) APPEALS PROCESS.—A health insur- ‘‘(4) in circumstances under which a fect the treatment of the patient. ance issuer shall establish and maintain an change of health professional or provider ‘‘SEC. 2775. DEVELOPMENT OF PLAN POLICIES. accessible appeals process that— might disrupt the continuity of care for an ‘‘A health insurance issuer that offers net- ‘‘(1) reviews an adverse prior authorization enrollee, such as— work coverage shall establish mechanisms to determination— ‘‘(A) hospitalization, or consider the recommendations, suggestions, ‘‘(A) for urgent care services, described in ‘‘(B) dependency on high-technology home and views of enrollees and participating subsection (a)(8)(A), within 1 hour after the health professionals and providers regard- medical equipment, time of a request for such review, and ing— provide for continued coverage of items and ‘‘(B) for other services, within 24 hours ‘‘(1) the medical policies of the issuer (in- services furnished by the health professional after the time of a request for such review; cluding policies relating to coverage of new or provider that was treating the enrollee be- ‘‘(2) reviews an initial determination on technologies, treatments, and procedures); fore such change for a reasonable period of payment of claims described in subsection ‘‘(2) the utilization review criteria and pro- time. (a)(12) within 30 days after the date of a re- cedures of the issuer; For purposes of paragraph (4), a change of quest for such review; health professional or provider may be due ‘‘(3) the quality and credentialing criteria of the issuer; and ‘‘(3) provides for review of determinations to changes in the membership of an issuer’s described in paragraphs (1) and (2) by an ap- health professional and provider network, ‘‘(4) the medical management procedures of the issuer. propriate clinical peer professional who is in changes in the health coverage made avail- the same or similar specialty as would typi- ‘‘SEC. 2776. DUE PROCESS FOR ENROLLEES. able by an employer, or other similar cir- cally provide the item or service involved (or cumstances. ‘‘(a) UTILIZATION REVIEW.—The utilization review program of a health insurance issuer another licensed, accredited, or certified ‘‘SEC. 2773. NONDISCRIMINATION AGAINST EN- health professional acceptable to the plan ROLLEES AND IN THE SELECTION shall— ‘‘(1) be developed (including any screening and the person requesting such review); and OF HEALTH PROFESSIONALS; EQUI- ‘‘(4) provides for review of— TABLE ACCESS TO NETWORKS. criteria used by such program) with the in- ‘‘(A) the determinations described in para- ‘‘(a) NONDISCRIMINATION AGAINST ENROLL- volvement of participating health profes- graphs (1), (2), and (3), and EES.—No health insurance issuer may dis- sionals and providers; criminate (directly or through contractual ‘‘(2) to the extent consistent with the pro- ‘‘(B) enrollee complaints about inadequate arrangements) in any activity that has the tection of proprietary business information access to any category or type of health pro- effect of discriminating against an individ- (as defined for purposes of section 552 of title fessional or provider in the network of the ual on the basis of race, national origin, gen- 5, United States Code) release, upon request, issuer or other matters specified by this der, language, socioeconomic status, age, to affected health professionals, providers, part, disability, health status, or anticipated need and enrollees the screening criteria, by an appropriate clinical peer professional for health services. weighting elements, and computer algo- who is in the same or similar specialty as ‘‘(b) NONDISCRIMINATION IN SELECTION OF rithms used in reviews and a description of would typically provide the item or service NETWORK HEALTH PROFESSIONALS.—A health the method by which they were developed; involved (or another licensed, accredited, or insurance issuer offering network coverage ‘‘(3) uniformly apply review criteria that certified health professional acceptable to shall not discriminate in selecting the mem- are based on sound scientific principles and the issuer and the person requesting such re- bers of its health professional network (or in the most recent medical evidence; view) that is not involved in the operation of establishing the terms and conditions for ‘‘(4) use licensed, accredited, or certified the plan or in making the determination or membership in such network) on the basis health professionals to make review deter- policy being appealed. of— minations (and for services requiring special- The procedures specified in this subsection ‘‘(1) the race, national origin, gender, age, ized training for their delivery, use a health shall not be construed as preempting or su- or disability (other than a disability that im- professional who is qualified through equiva- perseding any other reviews or appeals an is- pairs the ability of an individual to provide lent specialized training and experience); suer is required by law to make available. health care services or that may threaten ‘‘(5) subject to reasonable safeguards, dis- the health of enrollees) of the health profes- close to health professionals and providers, ‘‘SEC. 2777. DUE PROCESS FOR HEALTH PROFES- sional; or upon request, the names and credentials of SIONALS AND PROVIDERS. ‘‘(2) the health professional’s lack of affili- individuals conducting utilization review; ‘‘(a) IN GENERAL.—A health insurance is- ation with, or admitting privileges at, a hos- ‘‘(6) not compensate individuals conducting suer with respect to its offering of network pital (unless such lack of affiliation is a re- utilization review for denials of payment or coverage shall— sult of infractions of quality standards and is coverage of benefits; ‘‘(1) allow all health professionals and pro- not due to a health professional’s type of li- ‘‘(7) comply with the requirement of sec- viders in its service area to apply to become cense). tion 2771 that prior authorization not be re- a participating health professional or pro- ‘‘(c) NONDISCRIMINATION IN ACCESS TO quired for emergency and related services vider during at least one period in each cal- HEALTH PLANS.—While nothing in this sec- furnished in a hospital emergency depart- endar year; tion shall be construed as an ‘any willing ment; ‘‘(2) provide reasonable notice to such provider’ requirement (as referred to in sec- ‘‘(8) make prior authorization determina- health professionals and providers of the option 2770(c)), a health insurance issuer shall tions— portunity to apply and of the period during not discriminate in participation, reimburse- ‘‘(A) in the case of services that are urgent which applications are accepted; ment, or indemnification against a health care services described in section ‘‘(3) provide for review of each application professional, who is acting within the scope 2771(b)(2)(C), within 30 minutes of a request by a credentialing committee with appro- of the health professional’s license or certifi- for such determination, and priate representation of the category or type cation under applicable State law, solely on ‘‘(B) in the case of other services, within 24 of health professional or provider; the basis of such license or certification. hours after the time of a request for deter- ‘‘(4) select participating health profes- ‘‘SEC. 2774. PROHIBITION OF INTERFERENCE mination; sionals and providers based on objective WITH CERTAIN MEDICAL COMMU- NICATIONS. ‘‘(9) include in any notice of such deter- standards of quality developed with the sug- ‘‘(a) IN GENERAL.—The provisions of any mination an explanation of the basis of the gestions and advice of professional associa- contract or agreement, or the operation of determination and the right to an immediate tions, health professionals, and providers; any contract or agreement, between a health appeal; ‘‘(5) make such selection standards avail- insurance issuer and a health professional ‘‘(10) treat a favorable prior authorization able to— shall not prohibit or restrict the health pro- review determination as a final determina- ‘‘(A) those applying to become a partici- fessional from engaging in medical commu- tion for purposes of making payment for a pating provider or health professional; nications with his or her patient. claim submitted for the item or service in- ‘‘(B) health plan purchasers, and ‘‘(b) NULLIFICATION.—Any contract provi- volved unless such determination was based ‘‘(C) enrollees; sion or agreement described in subsection (a) on false information knowingly supplied by ‘‘(6) when economic considerations are shall be null and void. the person requesting the determination; taken into account in selecting participating April 24, 1997 CONGRESSIONAL RECORD — SENATE S3669 health professionals and providers, use objec- copayments, deductibles, and established ag- cable State authority may establish to as- tive criteria that are available to those ap- gregate maximums on out-of-pocket costs, sure the continued availability of (and applying to become a participating provider or for all items and services, including— propriate payment for) covered items and health professional and enrollees; ‘‘(A) those furnished by health profes- services for enrollees; and ‘‘(7) adjust any economic profiling to take sionals and providers that are not participat- ‘‘(2) establish mechanisms specified by the into account patient characteristics (such as ing health professionals and providers, and applicable State authority to protect enroll- severity of illness) that may result in atypi- ‘‘(B) those furnished to an enrollee who is ees, health professionals, and providers in cal utilization of services; outside the service area of the coverage; the event of failure of the issuer. ‘‘(8) make the results of such profiling ‘‘(8) utilization review requirements of the Such requirements shall not unduly impede available to insurance purchasers, enrollees, issuer (including prior authorization review, the establishment of health insurance issu- and the health professional or provider in- concurrent review, post-service review, post- ers owned and operated by health care pro- volved; payment review, and any other procedures fessionals or providers or by non-profit com- ‘‘(9) notify any health professional or pro- that may lead to denial of coverage or pay- munity-based organizations. vider being reviewed under the process re- ment for a service); ‘‘SEC. 2780. QUALITY IMPROVEMENT PROGRAM. ferred to in paragraph (3) of any information ‘‘(9) financial arrangements and incentives ‘‘(a) IN GENERAL.—A health insurance is- indicating that the health professional or that may— suer shall establish a quality improvement provider fails to meet the standards of the is- ‘‘(A) limit the items and services furnished program (consistent with subsection (b)) suer; to an enrollee, that systematically and continuously as- ‘‘(10) offer a health professional or provider ‘‘(B) restrict referral or treatment options, sesses and improves— receiving notice pursuant to the requirement or ‘‘(1) enrollee health status, patient out- of paragraph (9) with an opportunity to— ‘‘(C) negatively affect the fiduciary respon- comes, processes of care, and enrollee satis- ‘‘(A) review the information referred to in sibility of a health professional or provider faction associated with health care provided such paragraph, and to an enrollee; by the issuer; and ‘‘(B) submit supplemental or corrected in- ‘‘(10) other incentives for health profes- ‘‘(2) the administrative and funding capac- formation; sionals and providers to deny or limit needed ity of the issuer to support and emphasize ‘‘(11) not include in its contracts with par- items or services; preventive care, utilization, access and ticipating health professionals and providers ‘‘(11) quality indicators for the issuer and availability, cost effectiveness, acceptable a provision permitting the issuer to termi- participating health professionals and pro- treatment modalities, specialists referrals, nate the contract ‘without cause’; viders, including performance measures such the peer review process, and the efficiency of ‘‘(12) provide a due process appeal that con- as appropriate referrals and prevention of the administrative process. forms to the process specified in section 412 secondary complications following treat- ‘‘(b) FUNCTIONS.—A quality improvement of the Health Care Quality Improvement Act ment; program established pursuant to subsection of 1986 (42 U.S.C. 11112) for all determinations ‘‘(12) grievance procedures and appeals (a) shall— that are adverse to a health professional or rights under the coverage, and summary in- ‘‘(1) assess the performance of the issuer provider; and formation about the number and disposition and its participating health professionals ‘‘(13) unless a health professional or proof grievances and appeals in the most recent and providers and report the results of such vider poses an imminent harm to enrollees period for which complete and accurate in- assessment to purchasers, participating or an adverse action by a governmental formation is available; and health professionals and providers, and ad- agency effectively impairs the ability to pro- ‘‘(13) the percentage of utilization review ministrative personnel; vide health care items and services, pro- determinations made by the issuer that dis- ‘‘(2) demonstrate measurable improve- vide— agree with the judgment of the treating ments in clinical outcomes and plan per- ‘‘(A) reasonable notice of any decision to health professional or provider and the performance measured by identified criteria, in- terminate a health professional or provider centage of such determinations that are re- cluding those specified in subsection (a)(1); ‘for cause’ (including an explanation of the versed on appeal. and reasons for the determination), ‘‘(b) REGULATIONS.—The Secretary, in col- ‘‘(3) analyze quality assessment data to de- ‘‘(B) an opportunity to review and discuss laboration with the Secretary of Labor, shall termine specific interactions in the delivery all of the information on which the deter- issue regulations to establish— system (both the design and funding of the mination is based, and ‘‘(1) the styles and sizes of type to be used health insurance coverage and the clinical ‘‘(C) an opportunity to enter into a correc- with respect to the appearance of the publi- provision of care) that have an adverse im- tive action plan, before the determination cation of the information required under pact on the quality of care.’’. becomes subject to appeal under the process subsection (a); (b) APPLICATION TO GROUP HEALTH INSUR- referred to in paragraph (12). ‘‘(2) standards for the publication of infor- ANCE COVERAGE.— ‘‘(b) RULE OF CONSTRUCTION.—The require- mation to ensure that such publication is— (1) Subpart 2 of part A of title XXVII of the ments of subsection (a) shall not be con- ‘‘(A) readily accessible, and Public Health Service Act is amended by strued as preempting or superseding any ‘‘(B) in common language easily under- adding at the end the following new section: other reviews and appeals a health insurance stood, ‘‘SEC. 2706. PATIENT PROTECTION STANDARDS. issuer is required by law to make available. ‘‘(a) IN GENERAL.—Each health insurance ‘‘SEC. 2778. INFORMATION REPORTING AND DIS- by individuals with little or no connection to issuer shall comply with patient protection CLOSURE. or understanding of the language employed requirements under part C with respect to ‘‘(a) IN GENERAL.—A health insurance is- by health professionals and providers, health group health insurance coverage it offers. suer offering health insurance coverage shall insurance issuers, or other entities involved ‘‘(b) ASSURING COORDINATION.—The Sec- provide enrollees and prospective enrollees in the payment or delivery of health care retary of Health and Human Services and the with information about— services, and Secretary of Labor shall ensure, through the ‘‘(1) coverage provisions, benefits, and any ‘‘(3) the placement and positioning of infor- execution of an interagency memorandum of exclusions— mation in health plan marketing materials. understanding between such Secretaries, ‘‘(A) by category of service, ‘‘SEC. 2779. CONFIDENTIALITY; ADEQUATE RE- that— ‘‘(B) by category or type of health profes- SERVES. ‘‘(1) regulations, rulings, and interpreta- sional or provider, and ‘‘(a) CONFIDENTIALITY.— tions issued by such Secretaries relating to ‘‘(C) if applicable, by specific service, in- ‘‘(1) IN GENERAL.—A health insurance is- the same matter over which such Secretaries cluding experimental treatments; suer shall establish mechanisms and proce- have responsibility under part C (and this ‘‘(2) the percentage of the premium dures to ensure compliance with applicable section) and section 713 of the Employee Re- charged by the issuer that is set aside for ad- Federal and State laws to protect the con- tirement Income Security Act of 1974 are administration and marketing of the issuer; fidentiality of individually identifiable infor- ministered so as to have the same effect at ‘‘(3) the percentage of the premium mation held by the issuer with respect to an all times; and charged by the issuer that is expended di- enrollee, health professional, or provider. ‘‘(2) coordination of policies relating to en- rectly for patient care; ‘‘(2) DEFINITION.—For purposes of para- forcing the same requirements through such ‘‘(4) the number, mix, and distribution of graph (1), the term ‘individually identifiable Secretaries in order to have a coordinated participating health professionals and pro- information’ means, with respect to an en- enforcement strategy that avoids duplica- viders; rollee, a health professional, or a provider, tion of enforcement efforts and assigns prior- ‘‘(5) the ratio of enrollees to participating any information, whether oral or recorded in ities in enforcement.’’. health professionals and providers by cat- any medium or form, that identifies or can (2) Section 2792 of such Act (42 U.S.C. egory and type of health professional and readily be associated with the identity of the 300gg–92) is amended by inserting ‘‘and sec- provider; enrollee, the health professional, or the pro- tion 2706(b)’’ after ‘‘of 1996’’. ‘‘(6) the expenditures and utilization per vider. (c) APPLICATION TO INDIVIDUAL HEALTH IN- enrollee by category and type of health pro- ‘‘(b) FINANCIAL RESERVES; SOLVENCY.—A SURANCE COVERAGE.—Part B of title XXVII of fessional and provider; health insurance issuer shall— the Public Health Service Act is amended by ‘‘(7) the financial obligations of the en- ‘‘(1) meet such financial reserve or other inserting after section 2751 the following new rollee and the issuer, including premiums, solvency-related requirements as the appli- section: S3670 CONGRESSIONAL RECORD — SENATE April 24, 1997 ‘‘SEC. 2752. PATIENT PROTECTION STANDARDS. spect to individual health insurance cov- (3) Section 734 of such Act (29 U.S.C. 1187) ‘‘Each health insurance issuer shall com- erage offered, sold, issued, renewed, in effect, is amended by inserting ‘‘and section 713(d)’’ ply with patient protection requirements or operated in the individual market on or after ‘‘of 1996’’. under part C with respect to individual after the general effective date. (d) EFFECTIVE DATE.—(1) Subject to para- health insurance coverage it offers.’’. SEC. 3. PATIENT PROTECTION STANDARDS graph (2), the amendments made by this sec- (d) MODIFICATION OF PREEMPTION STAND- UNDER THE EMPLOYEE RETIRE- tion shall apply with respect to group health ARDS.— MENT INCOME SECURITY ACT OF plans for plan years beginning on or after (1) GROUP HEALTH INSURANCE COVERAGE.— 1974. July 1, 1998 (in this subsection referred to as Section 2723 of such Act (42 U.S.C. 300gg–23) (a) IN GENERAL.—Subpart B of part 7 of the ‘‘general effective date’’) and also shall is amended— subtitle B of title I of the Employee Retire- apply to portions of plan years occurring on (A) in subsection (a)(1), by striking ‘‘sub- ment Income Security Act of 1974 is amended and after January 1, 1999. section (b)’’ and inserting ‘‘subsections (b) by adding at the end the following new sec- (2) In the case of a group health plan main- and (c)’’; tion: tained pursuant to 1 or more collective bar- (B) by redesignating subsections (c) and (d) ‘‘SEC. 713. PATIENT PROTECTION STANDARDS. gaining agreements between employee rep- as subsections (d) and (e), respectively; and ‘‘(a) IN GENERAL.—Subject to subsection resentatives and 1 or more employers rati- (C) by inserting after subsection (b) the fol- (b), a group health plan (and a health insur- fied before the date of enactment of this Act, lowing new subsection: ance issuer offering group health insurance the amendments made by this section shall ‘‘(c) SPECIAL RULES IN CASE OF PATIENT coverage in connection with such a plan) not apply to plan years beginning before the PROTECTION REQUIREMENTS.—Subject to sub- shall comply with the requirements of part C later of— section (a)(2), the provisions of section 2706 of title XXVII of the Public Health Service (A) the date on which the last collective and part C, and part D insofar as it applies to Act. bargaining agreements relating to the plan section 2706 or part C, shall not be construed ‘‘(b) REFERENCES IN APPLICATION.—In ap- terminates (determined without regard to to preempt any State law, or the enactment plying subsection (a) under this part, any any extension thereof agreed to after the or implementation of such a State law, that reference in such part C— date of enactment of this Act), or provides protections for individuals that are ‘‘(1) to a health insurance issuer and health (B) the general effective date. equivalent to or stricter than the protec- insurance coverage offered by such an issuer tions provided under such provisions.’’. is deemed to include a reference to a group For purposes of subparagraph (A), any plan (2) INDIVIDUAL HEALTH INSURANCE COV- health plan and coverage under such plan, amendment made pursuant to a collective ERAGE.—Section 2762 of such Act (42 U.S.C. respectively; bargaining agreement relating to the plan 300gg–62), as added by section 605(b)(3)(B) of ‘‘(2) to the Secretary is deemed a reference which amends the plan solely to conform to Public Law 104–204, is amended— to the Secretary of Labor; any requirement added by subsection (a) (A) in subsection (a), by striking ‘‘sub- ‘‘(3) to an applicable State authority is shall not be treated as a termination of such section (b), nothing in this part’’ and insert- deemed a reference to the Secretary of collective bargaining agreement. ing ‘‘subsections (b) and (c)’’, and Labor; and SEC. 4. NON-PREEMPTION OF STATE LAW RE- (B) by adding at the end the following new ‘‘(4) to an enrollee with respect to health SPECTING LIABILITY OF GROUP subsection: insurance coverage is deemed to include a HEALTH PLANS. ‘‘(c) SPECIAL RULES IN CASE OF PATIENT reference to a participant or beneficiary (a) IN GENERAL.—Section 514(b) of the Em- PROTECTION REQUIREMENTS.—Subject to sub- with respect to a group health plan. ployee Retirement Income Security Act of section (b), the provisions of section 2752 and ‘‘(c) ASSURING COORDINATION.—The Sec- 1974 (29 U.S.C. 1144(b)) is amended by redesig- part C, and part D insofar as it applies to retary of Health and Human Services and the nating paragraph (9) as paragraph (10) and section 2752 or part C, shall not be construed Secretary of Labor shall ensure, through the inserting the following new paragraph: to preempt any State law, or the enactment execution of an interagency memorandum of ‘‘(9) Subsection (a) of this section shall not or implementation of such a State law, that understanding between such Secretaries, be construed to preclude any State cause of provides protections for individuals that are that— action to recover damages for personal in- equivalent to or stricter than the protec- ‘‘(1) regulations, rulings, and interpreta- jury or wrongful death against any person tions provided under such provisions.’’. tions issued by such Secretaries relating to that provides insurance or administrative (e) ADDITIONAL CONFORMING AMEND- the same matter over which such Secretaries services to or for an employee welfare bene- MENTS.— have responsibility under such part C (and fit plan maintained to provide health care (1) Section 2723(a)(1) of such Act (42 U.S.C. section 2706 of the Public Health Service benefits.’’. 300gg–23(a)(1)) is amended by striking ‘‘part Act) and this section are administered so as (b) EFFECTIVE DATE.—The amendment C’’ and inserting ‘‘parts C and D’’. to have the same effect at all times; and made by subsection (a) shall apply to causes (2) Section 2762(b)(1) of such Act (42 U.S.C. ‘‘(2) coordination of policies relating to en- of action arising on or after the date of the 300gg–62(b)(1)) is amended by striking ‘‘part forcing the same requirements through such enactment of this Act. C’’ and inserting ‘‘part D’’. Secretaries in order to have a coordinated (f) EFFECTIVE DATES.—(1)(A) Subject to enforcement strategy that avoids duplica- By Mr. LAUTENBERG (for him- subparagraph (B), the amendments made by tion of enforcement efforts and assigns prior- self and Mr. TORRICELLI): subsections (a), (b), (d)(1), and (e) shall apply ities in enforcement.’’. S. 645. A bill to amend the Federal with respect to group health insurance cov- (b) MODIFICATION OF PREEMPTION STAND- Water Pollution Control Act to im- erage for group health plan years beginning ARDS.—Section 731 of such Act (42 U.S.C. on or after July 1, 1998 (in this subsection re- 1191) is amended— prove and enforce compliance pro- ferred to as the ‘‘general effective date’’) and (1) in subsection (a)(1), by striking ‘‘sub- grams; to the Committee on Environ- also shall apply to portions of plan years oc- section (b)’’ and inserting ‘‘subsections (b) ment and Public Works. curring on and after January 1, 1999. and (c)’’; THE CLEAN WATER ENFORCEMENT AND (B) In the case of group health insurance (2) by redesignating subsections (c) and (d) COMPLIANCE IMPROVEMENT ACT OF 1997 coverage provided pursuant to a group as subsections (d) and (e), respectively; and Mr. LAUTENBERG. Mr. President, I health plan maintained pursuant to 1 or (3) by inserting after subsection (b) the fol- introduce the Clean Water Enforce- more collective bargaining agreements be- lowing new subsection: tween employee representatives and 1 or ‘‘(c) SPECIAL RULES IN CASE OF PATIENT ment and Compliance Improvement more employers ratified before the date of PROTECTION REQUIREMENTS.—Subject to sub- Act of 1997. This important bill will put enactment of this Act, the amendments section (a)(2), the provisions of section 713 real teeth in the enforcement provi- made by subsections (a), (b), (d)(1), and (e) and part C of title XXVII of the Public sions of the Clean Water Act, and will shall not apply to plan years beginning be- Health Service Act, and subpart C insofar as help restore and preserve our Nation’s fore the later of— it applies to section 713 or such part, shall already stressed lakes, rivers and (i) the date on which the last collective not be construed to preempt any State law, coastal areas. I would like to commend bargaining agreements relating to the plan or the enactment or implementation of such terminates (determined without regard to a State law, that provides protections for in- my colleague from New Jersey, Con- any extension thereof agreed to after the dividuals that are equivalent to or stricter gressman Pallone, for introducing date of enactment of this Act), or than the protections provided under such similar legislation in the House of Rep- (ii) the general effective date. provisions.’’. resentatives. Senator TORRICELLI has For purposes of clause (i), any plan amend- (c) CONFORMING AMENDMENTS.—(1) Section joined as a co-sponsor of our bill. ment made pursuant to a collective bargain- 732(a) of such Act (29 U.S.C. 1185(a)) is Mr. President, when Congress first ing agreement relating to the plan which amended by striking ‘‘section 711’’ and in- enacted the Clean Water Act in 1972, we amends the plan solely to conform to any re- serting ‘‘sections 711 and 713’’. (2) The table of contents in section 1 of established lofty goals-to make our Na- quirement added by subsection (a) or (b) tion’s waters fishable and swimmable. shall not be treated as a termination of such such Act is amended by inserting after the collective bargaining agreement. item relating to section 712 the following And we mandated strict enforcement (2) The amendments made by subsections new item: and provided for penalties to assure (a), (c), (d)(2), and (e) shall apply with re- ‘‘Sec. 713. Patient protection standards.’’. compliance with the act’s provisions. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3671 We were responding to strong public tion Agency and the States fail to address (1) by inserting ‘‘(including information concern about pollution of our water- violations of such permits in a timely and ef- contained in the Permit Compliance System ways. That concern is every bit as fective manner; of the Environmental Protection Agency)’’ strong today because people under- (3) full, accurate and prompt reporting of after ‘‘obtained under this section’’; possible violations of the Federal Water Pol- (2) by inserting ‘‘made’’ after ‘‘shall be’’; stand that clean water is essential to lution Control Act is necessary for imple- and human life. The American people want mentation and well served by assuring that (3) by inserting ‘‘by computer tele- us to rid our waters of bacteria, toxins, good faith reporters of possible violations communication and other means for a period and garbage. are protected against adverse personnel ac- of at least 10 years’’ after ‘‘public’’ the first Yet, as we approach the 25th anniver- tions; place it appears. sary of the Clean Water Act, and after (4) often violations of such permits con- (c) PUBLIC INFORMATION.—Section 308 of several substantial revisions since its tinue for a considerable period of time, yield- such Act is further amended by adding at the enactment, the act has failed to meet ing significant economic benefits for the vio- end the following: lator and thus penalizing similar facilities ‘‘(e) PUBLIC INFORMATION.— all of our goals. While the Act has re- which act lawfully; sulted in significant progress and water ‘‘(1) POSTING OF NOTICE OF POLLUTED WA- (5) penalties assessed and collected by the TERS.—At each major point of public access quality is improving, our waters are Administrator from violators of such per- (including, at a minimum, beaches, parks, not clean. In 1988, over one-third of our mits are often less than the economic benefit recreation areas, marinas, and boat launch- rivers, lakes and estuaries surveyed gained by the violator; ing areas) to a body of navigable water that throughout the country were either (6) swift and timely enforcement by the does not meet an applicable water quality failing to achieve designated water Administrator and the States of violations of standard or that is subject to a fishing and quality levels or were threatened with such permits is necessary to increase levels shell fishing ban, advisory, or consumption of compliance with such permits; and restriction (issued by a Federal, State, or failing to achieve those levels. In my (7) actions of private citizens have been ef- State of New Jersey, a survey of rough- local authority) due to fish or shellfish con- fective in enforcing such permits and direct- tamination, the State within which bound- ly 10 percent of the State’s rivers ing funds to environmental mitigation aries all or any part of such body of water showed that only 15 percent were safe projects with over $12.8 million in penalties lies shall, either directly or through local for swimming. and interest having been recovered and de- authorities, post and maintain a clearly visi- One reason we haven’t made more posited with the Treasury of the United ble sign which— progress is that the Clean Water Act is States over the fiscal years 1990 through 1994. ‘‘(A) indicates the water quality standard not being adequately enforced. (b) FINDING WITH RESPECT TO HARM CAUSED that is being violated or the nature and ex- BY VIOLATIONS.—Section 101 of the Federal Mr. President, effective enforcement tent of the restriction on fish or shellfish Water Pollution Control Act (33 U.S.C. 1251) consumption, as the case may be; is essential to achieving the goals of is amended by adding at the end the follow- the act. Not only does effective en- ‘‘(B) includes (i) information on the envi- ing: ronmental and health effects associated with ‘‘(h) FINDING WITH RESPECT TO HARM forcement deter violations, but it also the failure to meet such standard or with the CAUSED BY VIOLATIONS.—Congress finds that helps ensure that appropriate correc- consumption of fish or shellfish subject to a discharge which results in a violation of tive actions are taken in a timely man- the restriction, and (ii) a phone number for this Act or a regulation, standard, limita- ner when violations do occur. The obtaining additional information relating to tion, requirement, or order issued pursuant the violation and restriction; and Clean Water Enforcement and Compli- to this Act interferes with the restoration ‘‘(C) will be maintained until the body of ance Improvement Act will strengthen and maintenance of the chemical, physical, water is in compliance with the water qual- enforcement efforts. and biological integrity of any waters into ity standard or until all fish and shellfish Mr. President, my bill will toughen which the discharge flows (either directly or consumption restrictions are terminated through a publicly owned treatment works), penalties for polluters, improve en- with respect to the body of water, as the case including any waters into which the receiv- forcement by EPA and state water pol- may be. ing waters flow, and, therefore, harms those lution agencies, and expand citizens’ ‘‘(2) NOTICE OF DISCHARGES TO NAVIGABLE who use or enjoy such waters and those who right-to-know about violations of the WATERS.—Except for permits issued to mu- use or enjoy nearby lands or aquatic re- nicipalities for discharges composed entirely Clean Water Act. sources associated with those waters. It establishes mandatory minimum ‘‘(i) FINDING WITH RESPECT TO CITIZEN of stormwater under section 402 of this Act, penalties for serious violations of the SUITS.—Congress finds that citizen suits are each permit issued under section 402 by the Clean Water Act. a valuable means of enforcement of this Act Administrator or by a State shall ensure It requires that civil penalties be no and urges the Administrator to take actions compliance with the following requirements: less than the economic benefit result- to encourage such suits, including providing information concerning violators to citizen ‘‘(A) Every permittee shall conspicuously ing from the violation. maintain at all public entrances to the facil- It requires more frequent reporting groups to assist them in bringing suits, providing expert witnesses and other evidence ity a clearly visible sign which indicates of water discharges to identify viola- with respect to such suits, and filing amicus that the facility discharges pollutants into tions more quickly. curiae briefs on important issues related to navigable waters and the location of such And it requires EPA to publish annu- such suits.’’. discharges; the name, business address, and phone number of the permittee; the permit ally a list of those facilities that are in SEC. 3. VIOLATIONS OF REQUIREMENTS OF significant noncompliance with the LOCAL CONTROL AUTHORITIES. number; and a location at which a copy of the permit and public information required Clean Water Act. Section 307(d) of Federal Water Pollution Control Act (33 U.S.C. 1317(d)) is amended to by this paragraph is maintained and made Mr. President, I ask unanimous con- available for inspection or a phone number sent that the text of the bill be printed read as follows: ‘‘(d) VIOLATIONS.—After the date on which for obtaining such information. in the RECORD. (1) any effluent standard or prohibition or ‘‘(B) Each permittee which is a publicly There being no objection, the bill was pretreatment standard or requirement takes owned treatment works shall include in each ordered to be printed in the RECORD, as effect under this section, or (2) any require- quarterly mailing of a bill to each customer follows: ment imposed in a pretreatment program of the treatment works information which S. 645 under section 402(a)(3) or 402(b)(8) of this Act indicates that the treatment works dis- takes effect, it shall be unlawful for any charges pollutants into the navigable waters Be it enacted by the Senate and House of Rep- owner or operator of any source to operate and the location of each of such discharges; resentatives of the United States of America in such source in violation of the effluent the name, business address and phone num- Congress assembled, standard, prohibition, pretreatment stand- ber of the permittee; the permit number; a SECTION 1. SHORT TITLE. ard, or requirement.’’. location at which a copy of the permit and This Act may be cited as the ‘‘Clean Water SEC. 4. INSPECTIONS, MONITORING, AND PRO- public information required by this para- Enforcement and Compliance Improvement VIDING INFORMATION. graph is maintained and made available for Act of 1997’’. (a) APPLICABILITY OF REQUIREMENTS.—Sec- inspection or a phone number for obtaining SEC. 2. FINDINGS. tion 308(a) of the Federal Water Pollution such information; and a list of all violations (a) IN GENERAL.—Congress finds that— Control Act (33 U.S.C. 1318(a)) is amended by of the requirements of the permit by the (1) a significant number of persons who striking ‘‘the owner or operator of any point treatment works over the preceding 12- have been issued permits under section 402 of source’’ and inserting ‘‘a person subject to a month period. the Federal Water Pollution Control Act are requirement of this Act’’. ‘‘(3) REGULATIONS.— in violation of such permits; (b) PUBLIC ACCESS TO INFORMATION.—The ‘‘(A) ISSUANCE.—The Administrator— (2) current enforcement programs of the first sentence of section 308(b) of such Act is ‘‘(i) not later than 6 months after the date Administrator of the Environmental Protec- amended— of the enactment of this subsection, shall S3672 CONGRESSIONAL RECORD — SENATE April 24, 1997

propose regulations to carry out this sub- (b) TREATMENT OF SINGLE OPERATIONAL UP- rules for discovery procedures for hearings section; and SETS.— under this subparagraph.’’. ‘‘(ii) not later than 18 months after such (1) CRIMINAL PENALTIES.—Section 309(c) of (2) CONFORMING AMENDMENTS.—Section date of enactment, shall issue such regula- such Act is amended by striking paragraph 309(g) of such Act is amended— tions. (5) and redesignating paragraphs (6) and (7) (A) in paragraph (1) by striking ‘‘class I ‘‘(B) CONTENT.—The regulations issued to as paragraphs (5) and (6), respectively. civil penalty or a class II’’; carry out this subsection shall establish— (2) CIVIL PENALTIES.—Section 309(d) of such (B) in the second sentence of paragraph ‘‘(i) uniform requirements and procedures Act is amended by striking the last sentence. (4)(C) by striking ‘‘(2)(A) in the case of a for identifying and posting bodies of water (3) ADMINISTRATIVE PENALTIES.—Section class I civil penalty and paragraph (2)(B) in under paragraph (1); 309(g)(3) of such Act is amended by striking the case of a class II civil penalty’’ and in- ‘‘(ii) minimum information to be included the last sentence. serting ‘‘(2)’’; and in signs posted and notices issued pursuant (c) USE OF CIVIL PENALTIES FOR MITIGATION (C) in the first sentence of paragraph (8) by to this subsection; PROJECTS.— striking ‘‘assessment—’’ and all that follows ‘‘(iii) uniform requirements and procedures (1) IN GENERAL.—Section 309(d) of such Act through ‘‘by filing’’ and inserting ‘‘assess- for fish and shellfish sampling and analysis; is amended by inserting after the second sen- ment in the United States District Court for ‘‘(iv) uniform requirements for determin- tence the following: ‘‘The court may, in the the District of Columbia or in the district in ing the nature and extent of fish and shell- court’s discretion, order that a civil penalty which the violation is alleged to have oc- fish bans, advisories, and consumption re- be used for carrying out mitigation projects curred by filing’’. strictions which— which are consistent with the purposes of (g) STATE ENFORCEMENT ACTIONS AS BAR TO ‘‘(I) address cancer and noncancer human this Act and which enhance the public health FEDERAL ENFORCEMENT ACTIONS.—Section health risks; or environment.’’. 309(g)(6)(A) of such Act is amended— (1) by inserting ‘‘or’’ after the comma at ‘‘(II) take into account the effects of all (2) CONFORMING AMENDMENT.—Section the end of clause (i); fish and shellfish contaminants, including 505(a) of such Act (33 U.S.C. 1365(a)) is (2) by striking clause (ii); and the cumulative and synergistic effects; amended by inserting before the period at (3) by redesignating clause (iii) as clause ‘‘(III) assure the protection of subpopula- the end of the last sentence the following: ‘‘, (ii) and in such clause— tions who consume higher than average including ordering the use of a civil penalty (A) by striking ‘‘, the Secretary, or the amounts of fish and shellfish or are particu- for carrying out mitigation projects in ac- State’’ and inserting ‘‘or the Secretary’’; and larly susceptible to the effects of such con- cordance with such section 309(d)’’. (B) by striking ‘‘or such comparable State tamination; (d) DETERMINATION OF AMOUNT OF PEN- law, as the case may be,’’. ‘‘(IV) address race, gender, ethnic composi- ALTIES.— (h) RECOVERY OF ECONOMIC BENEFIT.—Sec- tion, or social and economic factors, based (1) CIVIL PENALTIES.—The second sentence tion 309 of such Act is amended by adding at on the latest available studies of national or of section 309(d) of such Act (33 U.S.C. the end the following: regional consumption by and impacts on 1319(d)) is amended by inserting ‘‘the amount ‘‘(h) RECOVERY OF ECONOMIC BENEFIT.— such subpopulations unless more reliable of any penalty previously imposed on the vi- ‘‘(1) GENERAL RULE.—Notwithstanding any site-specific data is available; olator by a court or administrative agency other provision of this section, any civil pen- ‘‘(V) are based on a margin of safety that for the same violation or violations,’’ after alty assessed and collected under this sec- takes into account the uncertainties in ‘‘economic impact of the penalty on the vio- tion must be in an amount which is not less human health impacts from such contamina- lator,’’. than the amount of the economic benefit (if tion; and (2) ADMINISTRATIVE PENALTIES.—Section any) resulting from the violation for which ‘‘(VI) evaluate assessments of health risks 309(g)(3) of such Act is amended— the penalty is assessed. of contaminated fish and shellfish that are (A) by striking ‘‘or savings’’; or ‘‘(2) REGULATIONS.—Not later than 2 years used in pollution control programs developed (B) by inserting ‘‘the amount of any pen- after the date of the enactment of this sub- by the Administrator under this Act.’’. alty previously imposed on the violator by a section, the Administrator shall issue regu- (d) STATE REPORTS.—Section 305(b)(1) of court or administrative agency for the same lations establishing a methodology for cal- such Act (33 U.S.C. 1315(b)(1)) is amended— violation or violations,’’ after ‘‘resulting culating the economic benefits or savings re- (1) by striking ‘‘and’’ at the end of subpara- from the violation,’’. sulting from violations of this Act. Pending graph (D); (e) LIMITATION ON DEFENSES.—Section issuance of such regulations, this subsection (2) by striking the period at the end of sub- 309(g)(1) of such Act is amended by adding at shall be in effect and economic benefits shall paragraph (E) and inserting ‘‘; and’’; and the end the following: ‘‘In a proceeding to as- be calculated for purposes of paragraph (1) on (3) by adding at the end the following: sess or review a penalty under this sub- a case-by-case basis.’’. ‘‘(F) a list identifying bodies of water for section, the adequacy of consultation be- (i) LIMITATION ON COMPROMISES.—Such sec- which signs were posted under section tween the Administrator or the Secretary, as tion 309 is further amended by adding at the 308(e)(1) in the preceding year and the reason the case may be, and the State shall not be end the following: or reasons for such posting.’’. a defense to assessment or enforcement of ‘‘(i) LIMITATION ON COMPROMISES OF CIVIL PENALTIES.—Notwithstanding any other pro- SEC. 5. CIVIL PENALTIES. such penalty.’’. vision of this section, the amount of a civil (a) ENFORCEMENT OF LOCAL PRETREATMENT (f) AMOUNTS OF ADMINISTRATIVE CIVIL PEN- penalty assessed under this section may not REQUIREMENTS.— ALTIES.— be compromised below the amount deter- (1) COMPLIANCE ORDERS.— (1) GENERAL RULE.—Section 309(g)(2) of mined by adding— (A) INITIAL ACTION.—Section 309(a)(1) of the such Act is amended to read as follows: ‘‘(1) the minimum amount required for re- Federal Water Pollution Control Act (33 ‘‘(2) AMOUNT OF PENALTIES; NOTICE; HEAR- covery of economic benefit under subsection U.S.C. 1319(a)(1)) is amended by inserting ING.— (h), to after ‘‘404 of this Act,’’ the following: ‘‘or is ‘‘(A) MAXIMUM AMOUNT OF PENALTIES.—The ‘‘(2) 50 percent of the difference between in violation of any requirement imposed in a amount of a civil penalty under paragraph the amount of the civil penalty assessed and pretreatment program approved under sec- (1) may not exceed $25,000 per violation per such minimum amount.’’. tion 402(a)(3) or 402(b)(8) of this Act,’’. day for each day during which the violation (j) MINIMUM AMOUNT FOR SERIOUS VIOLA- (B) ISSUANCE OF ORDERS.—Section 309(a)(3) continues. TIONS.—Such section 309 is further amended of such Act is amended by inserting after ‘‘(B) WRITTEN NOTICE.—Before issuing an by adding at the end the following: ‘‘404 of this Act by a State,’’ the following: order assessing a civil penalty under this ‘‘(j) MINIMUM CIVIL PENALTIES FOR SERIOUS ‘‘or is in violation of any requirement im- subsection, the Administrator or the Sec- VIOLATIONS AND SIGNIFICANT NONCOMPLI- posed in a pretreatment program approved retary, as the case may be, shall give to the ERS.— under section 402(a)(3) or 402(b)(8) of this person to be assessed the penalty written no- ‘‘(1) SERIOUS VIOLATIONS.—Notwithstanding Act,’’. tice of the Administrator’s or Secretary’s any other provision of this section (other (2) CRIMINAL PENALTIES.—Section proposal to issue the order and the oppor- than paragraph (2)), the minimum civil pen- 309(c)(3)(A) of such Act is amended by insert- tunity to request, within 30 days of the date alty which shall be assessed and collected ing after ‘‘Army or by a State,’’ the follow- the notice is received by such person, a hear- under this section from a person— ing: ‘‘or knowingly violates any requirement ing on the proposed order. ‘‘(A) for a discharge from a point source of imposed in a pretreatment program approved ‘‘(C) HEARINGS NOT ON THE RECORD.—If the a hazardous pollutant which exceeds or oth- under section 402(a)(3) or 402(b)(8) of this proposed penalty does not exceed $25,000, the erwise violates any applicable effluent limi- Act,’’. hearing shall not be subject to section 554 or tation established by or under this Act by 20 (3) ADMINISTRATIVE PENALTIES.—Section 556 of title 5, United States Code, but shall percent or more, or 309(g)(1)(A) of such Act is amended by insert- provide a reasonable opportunity to be heard ‘‘(B) for a discharge from a point source of ing after ‘‘404 by a State,’’ the following: ‘‘or and to present evidence. a pollutant (other than a hazardous pollut- has violated any requirement imposed in a ‘‘(D) HEARINGS ON THE RECORD.—If the pro- ant) which exceeds or otherwise violates any pretreatment program approved under sec- posed penalty exceeds $25,000, the hearing applicable effluent limitation established by tion 402(a)(3) or 402(b)(8) of this Act or an shall be on the record in accordance with or under this Act by 40 percent or more, order issued by the Administrator under subsection 554 of title 5, United States Code. The shall be $1,000 for the first such violation in section (a) of this section,’’. Administrator and the Secretary may issue a 180-day period. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3673

‘‘(2) SIGNIFICANT NONCOMPLIERS.—Notwith- ‘‘and to ensure that any interested person dustrial or municipal facility such sampling standing any other provision of this section, who participated in the public comment shall be conducted at least once every 3 the minimum civil penalty which shall be as- process and any other person who could ob- years. sessed and collected under this section from tain judicial review of that action under any ‘‘(B) An analysis of all samples collected a person— other applicable law has the right to judicial under subparagraph (A) by a Federal or ‘‘(A) for the second or more discharge in a review of such ruling’’ before the semicolon State owned and operated laboratory or a 180-day period from a point source of a haz- at the end. State approved laboratory, other than one ardous pollutant which exceeds or otherwise (c) INSPECTIONS FOR MAJOR INDUSTRIAL AND that is being used by the permittee or that is violates any applicable effluent limitation MUNICIPAL DISCHARGERS.—Section 402(b) of directly or indirectly owned, operated, or established by or under this Act by 20 per- such Act is amended— managed by the permittee. cent or more, (1) by striking ‘‘and’’ at the end of para- ‘‘(C) An evaluation of the maintenance ‘‘(B) for the second or more discharge in a graph (8); record of any treatment equipment of the 180-day period from a point source of a pol- (2) by striking the period at the end of permittee. lutant (other than a hazardous pollutant) paragraph (9) and inserting a semicolon; and ‘‘(D) An evaluation of the sampling tech- which exceeds or otherwise violates any ap- (3) by adding at the end the following: niques used by the permittee. plicable effluent limitation established by or ‘‘(10) To ensure that any permit for a dis- ‘‘(E) A random check of discharge monitor- under this Act by 40 percent or more, charge from a major industrial or municipal ing reports of the permittee for each 12- ‘‘(C) for the fourth or more discharge in a facility, as defined by the Administrator by month period for the purpose of determining 180-day period from a point source of any regulation, includes conditions under which whether or not such reports are consistent pollutant which exceeds or otherwise vio- such facility will be subject to at least an- with the applicable analyses conducted nual inspections by the State in accordance lates the same effluent limitation, or under subparagraph (B). with subsection (q) of this section;’’. ‘‘(D) for not filing in a 180-day period 2 or ‘‘(F) An inspection of the sample storage (d) MONTHLY REPORTS FOR SIGNIFICANT IN- more reports in accordance with section facilities and techniques of the permittee.’’. 402(r)(1), DUSTRIAL USERS OF POTWS.—Section 402(b) shall be $5,000 for each of such violations. of such Act is further amended by adding at (h) REPORTING.—Section 402 of such Act is ‘‘(3) MANDATORY INSPECTIONS FOR SIGNIFI- the end the following: further amended by adding at the end the CANT NONCOMPLIERS.—The Administrator ‘‘(11) To ensure that any permit for a dis- following: charge from a publicly owned treatment shall identify any person described in para- ‘‘(r) REPORTING.— graph (2) as a significant noncomplier and works in the State includes conditions under which the treatment works will require any ‘‘(1) GENERAL RULE.—Each person holding a shall conduct an inspection described in sec- permit issued under this section which is de- tion 402(q) of this Act of the facility at which significant industrial user of the treatment works, as defined by the Administrator by termined by the Administrator to be a major the violations were committed. Such inspec- industrial or municipal discharger of pollut- tions shall be conducted at least once in the regulation, to prepare and submit to the Ad- ministrator, the State, and the treatment ants into the navigable waters shall prepare 180-day period following the date of the most and submit to the Administrator a monthly recent violation which resulted in such per- works a monthly discharge monitoring report as a condition to using the treatment discharge monitoring report. Any other person being identified as a significant noncom- son holding a permit issued under this sec- plier. works;’’. (e) PERMITS REQUIRED FOR INTRODUCTION OF tion shall prepare and submit to the Admin- ‘‘(4) ANNUAL REPORTING.—The Adminis- istrator quarterly discharge monitoring re- trator shall transmit to Congress and to the POLLUTANTS INTO POTWS.—Section 402(b) of such Act is further amended by adding at the ports or more frequent discharge monitoring Governors of the States, and shall publish in reports if the Administrator requires. Such the Federal Register, on an annual basis a end the following: ‘‘(12) To ensure that, after the last day of reports shall contain, at a minimum, such list of all persons identified as significant information as the Administrator shall re- noncompliers under paragraph (3) in the pre- the 2-year period beginning on the date of the enactment of this paragraph, any signifi- quire by regulation. ceding calendar year and the violations ‘‘(2) REPORTING OF HAZARDOUS DIS- which resulted in such classifications. cant industrial user, or other source designated by the Administrator, introducing a CHARGES.— ‘‘(5) HAZARDOUS POLLUTANT DEFINED.—For pollutant into a publicly owned treatment ‘‘(A) GENERAL RULE.—If a discharge from a purposes of this subsection, the term ‘haz- point source for which a permit is issued ardous pollutant’ has the meaning the term works has, and operates in accordance with, a permit issued by the treatment works or under this section exceeds an effluent limita- ‘hazardous substance’ has under subsection tion contained in such permit which is based (c)(6) of this section.’’. the State for introduction of such pollutant; and’’. on an acute water quality standard or any (k) STATE PROGRAM.—Section 402(b)(7) of other discharge which may cause an such Act (33 U.S.C. 1342(b)(7)) is amended to (f) GRANTING OF AUTHORITY TO POTWS FOR exceedance of an acute water quality stand- read as follows: INSPECTIONS AND PENALTIES.—Section 402(b) ard or otherwise is likely to cause injury to ‘‘(7) To abate violations of the permit or of such Act is further amended by adding at persons or damage to the environment or to the permit program which shall include, be- the end the following: pose a threat to human health and the envi- ginning on the last day of the 2-year period ‘‘(13) To ensure that the State will grant to ronment, the person holding such permit beginning on the date of the enactment of publicly owned treatment works in the shall notify the Administrator and the af- the Clean Water Compliance and Enforce- State, not later than 3 years after the date of fected States and municipalities, in writing, ment Improvement Amendments Act of 1995, the enactment of this paragraph, authority, of such discharge not later than 2 hours after a penalty program comparable to the Fed- power, and responsibility to conduct inspec- the later of the time at which such discharge eral penalty program under section 309 of tions under subsection (q) of this section and commenced or the time at which the permit- this Act and which shall include at a mini- to assess and collect civil penalties and civil tee knew or had reason to know of such dis- mum criminal, civil, and civil administra- administrative penalties under paragraph (7) charge. tive penalties, and may include other ways of this subsection.’’. ‘‘(B) SPECIAL RULE FOR HAZARDOUS POLLUT- and means of enforcement, which the State (g) INSPECTION.—Section 402 of such Act is ANTS.—If a discharge described in subpara- demonstrates to the satisfaction of the Ad- amended by adding at the end the following: ‘‘(q) INSPECTION.— graph (A) is of a hazardous pollutant (as de- ministrator are equally effective as the Fed- ‘‘(1) GENERAL RULE.—Each permit for a dis- fined in section 309(j) of this Act), the person eral penalty program;’’. charge into the navigable waters or intro- holding such permit shall provide the Ad- (l) FEDERAL PROCUREMENT COMPLIANCE IN- duction of pollutants into a publicly owned ministrator with such additional informa- CENTIVE.—Section 508(a) of such Act (33 U.S.C. 1368(a)) is amended by inserting after treatment works issued under this section tion on the discharge as may be required by the second comma ‘‘or who is identified shall include conditions under which the ef- the Administrator. Such additional informa- under section 309(j)(3) of this Act,’’. fluent being discharged will be subject to tion shall be provided to the Administrator SEC. 6. NATIONAL POLLUTANT DISCHARGE random inspections in accordance with this within 24 hours after the later of the time at ELIMINATION PERMITS. subsection by the Administrator or the which such discharge commenced or the (a) WITHDRAWAL OF STATE PROGRAM AP- State, in the case of a State permit program time at which the permittee became aware PROVAL.—Section 402(b) of the Federal Water under this section. of such discharge. Such additional informa- Pollution Control Act (33 U.S.C. 1342(b)) is ‘‘(2) MINIMUM STANDARDS.—Not later than 6 tion shall include, at a minimum, an esti- amended by striking ‘‘unless he determines months after the date of enactment of this mate of the danger posed by the discharge to that adequate authority does not exist:’’ and subsection, the Administrator shall establish the environment, whether the discharge is inserting the following: ‘‘only when he deter- minimum standards for inspections under continuing, and the measures taken or being mines that adequate authority exists and this subsection. Such standards shall re- taken (i) to remediate the problem caused by shall withdraw program approval whenever quire, at a minimum, the following: the discharge and any damage to the envi- he determines that adequate authority no ‘‘(A) An annual representative sampling by ronment, and (ii) to avoid a repetition of the longer exists:’’. the Administrator or the State, in the case discharge. (b) JUDICIAL REVIEW OF RULINGS ON APPLI- of a State permit program under this sec- ‘‘(3) SIGNATURE.—All reports filed under CATIONS FOR STATE PERMITS.—Section tion, of the effluent being discharged; except paragraph (1) must be signed and dated by 402(b)(3) of such Act is amended by inserting that if the discharge is not from a major in- the highest ranking official having day-to- S3674 CONGRESSIONAL RECORD — SENATE April 24, 1997 day managerial and operational responsibil- ‘‘SEC. 504. COMMUNITY PROTECTION. serting ‘‘narrative or mathematical’’ before ity for the facility at which the discharge oc- ‘‘(a) ISSUANCE OF ORDERS; COURT ACTION.— ‘‘condition’’. curs or, in the absence of such person, by an- Notwithstanding any other provision of this (g) OFFERS OF JUDGMENT.—Section 505 of other responsible high ranking official at Act, whenever the Administrator finds that, such Act is further amended by adding at the such facility. Such highest ranking official because of an actual or threatened direct or end the following: indirect discharge of a pollutant, there may shall be responsible for the accuracy of all ‘‘(g) APPLICABILITY OF OFFERS OF JUDG- be an imminent and substantial information contained in such reports; ex- MENT.—Offers of judgment pursuant to Rule endangerment to the public health or welfare cept that such highest ranking official may 68 of the Federal Rules of Civil Procedure (including the livelihood of persons) or the file with the Administrator amendments to shall not be applicable to actions brought environment, the Administrator may issue any such report if the report was signed in under subsection (a)(1) of this section.’’. the absence of the highest ranking official by such orders or take such action as may be another high ranking official and if such necessary to protect public health or welfare SEC. 11. EMPLOYEE PROTECTION. amendments are filed within 7 days of the re- or the environment and commence a suit (or Section 507 of the Federal Water Pollution turn of the highest ranking official.’’. cause it to be commenced) in the United Control Act (33 U.S.C. 1367) is amended— (i) LIMITATION ON ISSUANCE OF PERMITS TO States district court for the district where (1) in subsection (e) by inserting ‘‘CONTINU- SIGNIFICANT NONCOMPLIERS.—Section 402 of the discharge or threat occurs. Such court ING EVALUATIONS’’ after ‘‘(e)’’; such Act is further amended by adding at the may grant such relief to abate the threat (2) by redesignating subsection (e) as sub- end the following: and to protect against the endangerment as section (f); and ‘‘(s) SIGNIFICANT NONCOMPLIERS.—No per- the public interest and the equities require, (3) by striking subsections (a), (b), (c), and mit may be issued under this section to any enforce, and adjudge penalties for disobe- (d) and inserting the following: person (other than a publicly owned treat- dience to orders of the Administrator issued ‘‘(a) IN GENERAL.—No employer or other ment works) identified under section 309(j)(3) under this section, and grant other relief ac- person may harass, prosecute, hold liable, or of this Act or to any other person owned or cording to the public interest and the equi- discriminate against any employee or other controlled by the identified person, owning ties of the case. person because the person— or controlling the identified person, or under ‘‘(b) ENFORCEMENT OF ORDERS.—Any person ‘‘(1) is assisting or demonstrating an intent common control with the identified person, who, without sufficient cause, violates or to assist in achieving compliance with any until the Administrator or the State or fails to comply with an order of the Adminis- provision of this Act (including a rule or reg- States in which the violation or violations trator issued under this section, shall be lia- ulation issued to carry out this Act); occur determines that the condition or con- ble for civil penalties to the United States in ‘‘(2) is refusing to violate or assist in the ditions giving rise to such violation or viola- an amount not to exceed $25,000 per day for violation of any provision of this Act (in- tions have been corrected. No permit appli- each day on which such violation or failure cluding a rule or regulation issued to carry cation submitted after the date of the enact- occurs or continues.’’. out this Act); ment of this subsection may be approved un- SEC. 10. CITIZEN SUITS. ‘‘(3) has commenced, caused to be com- less the application includes a list of all vio- (a) SUITS FOR PAST VIOLATIONS.—Section menced, or is about to commence a proceed- lations of this Act by a person identified 505 of the Federal Water Pollution Control ing, has testified or is about to testify at a under section 309(j) of this Act during the 3- Act (33 U.S.C. 1365) is amended— proceeding, or has assisted or participated or year period preceding the date of submission (1) in subsection (a)(1) by inserting ‘‘to is about to assist or participate in any man- of the application and evidence indicating have violated (if there is evidence that the ner in such a proceeding or in any other ac- whether the underlying cause of each such alleged violations has been repeated) or’’ tion to carry out the purposes of this Act. after ‘‘who is alleged’’; violation has been corrected.’’. ‘‘(b) FILING COMPLAINTS AND PROCEDURES.— (2) in subsection (b)(1)(A)(ii) by striking (j) APPLICABILITY.—The amendments made ‘‘(1) FILING DEADLINE.—An employee alleg- ‘‘occurs’’ and inserting ‘‘has occurred or is by this section shall apply to permits issued ing a violation of subsection (a), or another occurring’’; and before, on, or after the date of the enactment person at the employee’s request, may file a (3) in subsection (f)(6) by inserting ‘‘has of this Act; except that— complaint with the Secretary of Labor not been or’’ after ‘‘which’’. (1) with respect to permits issued before later than 365 days after the alleged viola- (b) TIME LIMIT.—Section 505(b)(1)(A) of such date of enactment to a major industrial such Act is amended by striking ‘‘60 days’’ tion occurred. or municipal discharger, such amendments and inserting ‘‘30 days’’. ‘‘(2) PROCEDURES.— shall take effect on the last day of the 1-year (c) EFFECT OF JUDGMENTS ON CITIZEN ‘‘(A) INVESTIGATION; PRELIMINARY OR- period beginning on such date of enactment; SUITS.—Section 505(b) of such Act is further DERS.—Not later than 60 days after receiving and amended— a complaint, the Secretary shall conduct an (2) with respect to all other permits issued (1) in paragraph (1)(B)— investigation, decide whether it is reason- before such date of enactment, such amend- (A) by striking ‘‘, or a State’’; and able to believe the complaint has merit, and ments shall take effect on the last day of the (B) by striking ‘‘right.’’ and inserting notify the complainant and the person al- 2-year period beginning on such date of en- ‘‘right and may obtain costs of litigation leged to have committed the violation of the actment. under subsection (d), or’’; and findings. If the Secretary decides it is rea- SEC. 7. EXPIRED STATE PERMITS. (2) by adding at the end the following: sonable to believe a violation occurred, the Section 402(d) of the Federal Water Pollu- ‘‘The notice under paragraph (1)(A) need set Secretary shall include with the decision tion Control Act (33 U.S.C. 1342(d)) is amend- forth only violations which have been spe- findings and a preliminary order for the reed by adding at the end the following: cifically identified in the discharge monitor- lief provided under paragraph (3). ‘‘(5) EXPIRED STATE PERMITS.—In any case ing reports of the alleged violator. An action ‘‘(B) OBJECTIONS TO PRELIMINARY ORDER.— in which— by a State under subsection (a)(1) may be Not later than 30 days after the notice under ‘‘(A) a permit issued by a State for a dis- brought at any time. No judicial action by subparagraph (A) of this paragraph, the com- charge has expired, the Administrator or a State shall bar an ac- plainant and the person alleged to have com- ‘‘(B) the permittee has submitted an appli- tion for the same violation under subsection mitted the violation may file objections to cation to the State for a new permit for the (a)(1) unless the action is by the Adminis- the findings or preliminary order, or both, discharge, and trator and meets the requirements of this and request a hearing on the record. The fil- ‘‘(C) the State has not acted on the appli- paragraph. No administrative action by the ing of objections does not stay a reinstate- cation before the last day of the 18-month Administrator or a State shall bar a pending ment ordered in the preliminary order. If a period beginning on the date the permit ex- action commenced after February 4, 1987, for hearing is not requested within the 30 days, pired, the same violation under subsection (a)(1) the preliminary order is final and not subject the Administrator may issue a permit for unless the action by the Administrator or a to judicial review. the discharge under subsection (a).’’. State meets the requirements of section ‘‘(C) HEARING; FINAL ORDER; SETTLEMENT AGREEMENT.—A hearing shall be conducted SEC. 8. COMPLIANCE SCHEDULE. 309(g)(6) of this Act.’’. (d) CONSENT JUDGMENTS.—Section 505(c)(3) expeditiously. Not later than 120 days after Section 302(b)(2)(B) of the Federal Water of such Act is amended by adding at the end the end of the hearing, the Secretary shall Pollution Control Act (33 U.S.C. 1312(b)(2)(B)) the following: ‘‘Consent judgments entered issue a final order. Before the final order is is amended by adding at the end the follow- under this section may provide that the civil issued, the proceeding may be ended by a set- ing: ‘‘The Administrator may only issue a penalties included in the consent judgment tlement agreement made by the Secretary, permit pursuant to this subparagraph for a be used for carrying out mitigation projects the complainant, and the person alleged to period exceeding 2 years if the Administrator in accordance with section 309(d).’’. have committed the violation. makes the findings described in clauses (i) (e) PRETREATMENT REQUIREMENTS.—Sec- ‘‘(3) ORDER.— and (ii) of this subparagraph on the basis of tion 505(f)(4) of such Act is amended by strik- ‘‘(A) PENALTIES.—If the Secretary decides, a public hearing.’’. ing ‘‘or pretreatment standards’’ and insert- on the basis of a complaint, a person violated SEC. 9. EMERGENCY POWERS. ing ‘‘or pretreatment standard or require- subsection (a), the Secretary shall order the Section 504 of the Federal Water Pollution ment described in section 307(d)’’. person to— Control Act (33 U.S.C. 1364) is amended to (f) EFFLUENT STANDARD DEFINITION.—Sec- ‘‘(i) take affirmative action to abate the read as follows: tion 505(f)(6) of such Act is amended by in- violation; April 24, 1997 CONGRESSIONAL RECORD — SENATE S3675 ‘‘(ii) reinstate the complainant to the ‘‘SEC. 519. NATIONAL CLEAN WATER TRUST FUND. dress one aspect of that abuse by limit- former position with the same pay and terms ‘‘(a) CREATION OF TRUST FUND.—There is ing emergency spending bills solely to and privileges of employment; and established in the Treasury of the United emergencies by establishing a new States a trust fund to be known as the ‘Clean ‘‘(iii) pay compensatory damages, includ- point of order against nonemergency ing back pay. Water Trust Fund’. ‘‘(B) COSTS.—If the Secretary issues an ‘‘(b) TRANSFERS TO TRUST FUND.—There matters, other than rescissions of order under subparagraph (A) and the com- are hereby appropriated to the Clean Water budget authority or reductions in di- plainant requests, the Secretary may assess Trust Fund amounts equivalent to the pen- rect spending, in any bill that contains against the person against whom the order is alties collected under section 309 of this Act an emergency measure, or an amend- issued the costs (including attorney’s fees) and the penalties collected under section ment to an emergency measure, or a reasonably incurred by the complainant in 505(a) of this Act (excluding any amounts or- conference report that contains an bringing the complaint. The Secretary shall dered to be used to carry out mitigation emergency measure. determine the costs that reasonably were in- projects under section 309 or 505(a), as the curred. case may be). As an additional enforcement mecha- ‘‘(4) JUDICIAL REVIEW AND VENUE.—A person ‘‘(c) ADMINISTRATION OF TRUST FUND.—The nism, the legislation adds further pro- adversely affected by an order issued after a Administrator shall administer the Clean tection by prohibiting the Office of hearing under this subsection may file a pe- Water Trust Fund. The Administrator may Management and Budget from adjust- tition for review, not later than 60 days after use moneys in the Fund to carry out inspec- ing the caps on discretionary spending, the order is issued, in the court of appeals of tions and enforcement activities pursuant to or from adjusting the sequester process the United States for the circuit in which this Act. In addition, the Administrator may for direct spending and receipts meas- make such amounts of money in the Fund as the violation occurred or the person resided ures, for any emergency appropriations on the date of the violation. The review shall the Administrator determines appropriate be heard and decided expeditiously. An order available to carry out title VI of this Act.’’. bill if the bill includes extraneous of the Secretary subject to review under this (b) CONFORMING AMENDMENT TO STATE RE- items other than rescissions of budget paragraph is not subject to judicial review in VOLVING FUND PROGRAM.—Section 607 of such authority or reductions in direct a criminal or other civil proceeding. Act (33 U.S.C. 1387) is amended— spending. ‘‘(5) CIVIL ACTIONS TO ENFORCE.—If a person (1) by inserting ‘‘(a) IN GENERAL.—’’ before Mr. President, though this proposal fails to comply with an order issued under ‘‘There is’’; and relates to shoring up our budget rules, (2) by adding at the end the following: this subsection, the Secretary shall bring a I want to stress that the rules them- civil action to enforce the order in the dis- ‘‘(b) TREATMENT OF TRANSFERS FROM trict court of the United States for the judi- CLEAN WATER TRUST FUND.—For purposes of selves do not solve the deficit problem. cial district in which the violation occurred. this title, amounts made available from the No rule can—whether it is a procedural ‘‘(c) BURDENS OF PROOF.—The legal burdens Clean Water Trust Fund under section 519 of rule of the Senate, a statute, or a con- of proof with respect to a violation of sub- this Act to carry out this title shall be treat- stitutional amendment. The only way section (a) shall be governed by the applica- ed as funds authorized to be appropriated to we will balance the budget is through ble provisions of sections 1214 and 1221 of carry out this title and as funds made avail- specific spending cuts and exercising able under this title.’’. title 5, United States Code. fiscal restraint. ‘‘(d) SUBPOENA AUTHORITY.—With respect SEC. 15. APPLICABILITY. to an alleged violation of subsection (a), the Sections 101(h), 309(g)(6)(A), 505(a)(1), However, we have made some Secretary of Labor may issue a subpoena for 505(b), 505(g), and 505(i) of the Federal Water progress over the past 4 years, and that the attendance and testimony of any person Pollution Control Act, as inserted or amend- progress, as well as the continued work and the production of documentary or other ed by this Act, shall be applicable to all we need to do, can be sustained evidence from any person if the testimony or cases pending under such Act on the date of through the budget rules we impose on production requested is not unduly burden- the enactment of this Act and all cases some and appears reasonably calculated to ourselves by ensuring the sacrifices brought on or after such date of enactment that have been made, and that we will lead to the discovery of admissible evidence. relating to violations which occurred before ‘‘(e) POSTING REQUIREMENT.—The provi- ask in the future, will not be hollow or such date of enactment. sions of this section shall be prominently futile. posted in any place of employment to which By Mr. FEINGOLD: The rules that have been developed this section applies.’’. over the past twenty years have proven SEC. 12. ISSUANCE OF SUBPOENAS. S. 647. A bill to amend the Congres- Section 509(a)(1) of the Federal Water Pol- sional Budget and Impeachment Con- useful in this regard, though it bears lution Control Act (33 U.S.C. 1369(a)(1)) is trol Act of 1974 to limit consideration repeating that the deficit has begun to amended by striking ‘‘obtaining information of nonemergency matters in emergency come down only as a result of our will- under section 305 of this Act, or carrying out legislation; to the Committee on the ingness to vote for tough measures. section 507(e) of this Act,’’ and inserting Budget and the Committee on Govern- In general, the rules require that new ‘‘carrying out this Act,’’. mental Affairs, jointly, pursuant to the spending, whether through direct SEC. 13. JUDICIAL REVIEW OF EPA ACTIONS. spending, tax expenditures, or discre- Section 509(b)(1) of the Federal Water Pol- order of August 4, 1977, as modified by lution Control Act (33 U.S.C. 1369(b)(1)) is the order of April 11, 1986, with instruc- tionary programs, be offset with spend- amended— tions that if one committee reports, ing cuts or revenue increases. However, (1) by inserting after the comma at the end the other committee have 30 days to the rules provide for exceptions in the of clause (D) ‘‘including a decision to deny a report or be discharged. event of true emergencies. petition by interested person to veto an indi- THE EMERGENCY SPENDING CONTROL ACT OF 1997 The deliberate review through the vidual permit issued by a State,’’; ∑ Mr. FEINGOLD. Mr. President, I am federal budget process, weighing one (2) by inserting after the comma at the end priority against another, may not per- of clause (E) ‘‘including a decision not to in- pleased to re-introduce a measure de- clude any pollutant in such effluent limita- signed to limit consideration of non- mit a timely response to an inter- tion or other limitation if the Administrator emergency matters in emergency legis- national crisis, a natural disaster, or has or is made aware of information indicat- lation. This bill, S. 647, the Emergency some other emergency. We do not ask ing that such pollutant is present in any dis- Spending Control Act of 1997, passed that earthquake victims find a funding charge subject to such limitation,’’; and the Senate during the last Congress as source before we send them aid. But (3) by striking ‘‘and (G)’’ and inserting the part of the Senate’s version of the line- that should not, even in dire cir- following: ‘‘(G) in issuing or approving any item veto act, though it was later cumstances, be read to imply we must water quality standard under section 303(c) not find ways to pay for emergencies, or 303(d), (H) in issuing any water quality dropped in conference. Identical lan- criterion under section 304(a), including a de- guage passed the other body during the rather than simply add their costs to cision not to address any effect of the pollut- 103d Congress with overwhelming bi- the deficit. ant subject to such criterion if the Adminis- partisan support, first as a substitute But, Mr. President, the emergency trator has or is made aware of information amendment by a vote of 322 to 99, and exception to our budget rules, designed indicating that such effect may occur, and then, as amended, by a vote of 406 to 6. to expedite a response to an urgent (J)’’. Mr. President, the support this meas- need, has become a loophole, abused by SEC. 14. NATIONAL CLEAN WATER TRUST FUND. ure has received in both Houses is a re- those trying to circumvent the scru- (a) IN GENERAL.—Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361– flection of the keen awareness Mem- tiny of the budget process, in particu- 1377) is amended by redesignating section 519 bers have of the abuses of the emer- lar, by adding non-emergency matters as section 520 and by inserting after section gency appropriations process that have to emergency legislation that is receiv- 518 the following new section: taken place. This measure helps ad- ing special, accelerated consideration. S3676 CONGRESSIONAL RECORD — SENATE April 24, 1997 Mr. President, the measure I intro- ing this Congress, and help end this At the beginning of this session, Sen- duce today targets that abuse by help- abusive practice. ator ASHCROFT and others introduced ing to keep emergency measures clean Mr. President, I ask unanimous con- S.5, another measure to address prod- of extraneous matters on which there sent that the text of bill be printed in uct liability. Although I agreed with is no emergency designation. the RECORD. the substance of S.5, which was iden- When the appropriations bill to pro- There being no objection, the bill was tical to the conference report on Prod- vide relief for the Los Angeles earth- ordered to be printed in the RECORD, as uct Liability that the President vetoed quake was introduced in the 103rd Con- follows: in the 104th Congress, I did not co- gress, it initially did four things: pro- S. 647 sponsor S.5 because I knew that that vided $7.8 billion for the Los Angeles Be it enacted by the Senate and House of Rep- particular bill would not be enacted quake, $1.2 billion for the Department resentatives of the United States of America in into law and because I wanted to craft of Defense peacekeeping operations; Congress assembled, another bill that would obtain bi-par- $436 million for Midwest flood relief, SECTION 1. SHORT TITLE. tisan support in the Senate, address and $315 million more for the 1989 Cali- This Act may be cited as the ‘‘Emergency the President’s legitimate concerns fornia earthquake. Spending Control Act of 1997’’. with the conference report, and accom- But, Mr. President, by the time the SEC. 2. TREATMENT OF EMERGENCY SPENDING. plish meaningful reform. Los Angeles earthquake bill became (a) EMERGENCY APPROPRIATIONS.—Secton Mr. President, I cannot say that the law, it also provided $1.4 million to 251(b)(2)(D)(i) of the Balanced Budget and measure I am introducing tonight fully Emergency Deficit Control Act of 1985 is fight potato fungus, $2.3 million for accomplishes that. But it comes very FDA pay raises, $14.4 million for the amended by adding at the end the following new sentence: ‘‘However, OMB shall not ad- close. I introduce this measure without National Park Service, $12.4 million for just any discretionary spending limit under the co-sponsorship of my good friend the Bureau of Indian Affairs, $10 mil- this clause for any statute that designates and long-time companion on this wor- lion for a new Amtrak station in New appropriations as emergency requirements if thy mission, Senator ROCKEFELLER, but York, $40 million for the space shuttle, that statute contains an appropriation for I introduce it with the sincere belief $20 million for a fingerprint lab, any other matter, event, or occurrence, but that we will continue to work together $500,000 for United States Trade Rep- that statute may contain rescissions of to enact product liability reform in budget authority.’’. resentative travel office, and $5.2 mil- 1997. (b) EMERGENCY LEGISLATION.—Section lion for the Bureau of Public Debt. 252(e) of the Balanced Budget and Emergency I introduce this measure to get the Though non-emergency matters at- Deficit Control Act of 1985 is amended by process started. It is a good measure tached to emergency bills are still sub- adding at the end the following new sen- that I believe goes a long way toward ject to the spending caps established in tence: ‘‘However, OMB shall not designate meeting the goals I described above. the concurrent budget resolution, as any such amounts of new budget authority, But as I said, the process is just start- long as total spending remains under outlays, or receipts as emergency require- ing. I welcome input from my Repub- those caps, these unrelated spending ments in the report required under sub- lican and Democratic colleagues. matters are not required to be offset section (d) if that statute contains any other Mr. President, I ask unanimous con- with spending cuts. In the case of the provisions that are not so designated, but that statute may contain provisions that resent that the text of the bill be printed LA earthquake bill, because the caps duce direct spending.’’. in the RECORD. had been reached the new spending was (c) NEW POINT OF ORDER.—Title IV of the There being no objection, the bill was offset by rescissions, but those rescis- Congressional Budget Act of 1974 is amended ordered to be printed in the RECORD, as sions might otherwise have been used by adding at the end the following new sec- follows: for deficit reduction. Moreover, by tion: S. 648 using emergency appropriations bills ‘‘POINT OF ORDER REGARDING EMERGENCIES Be it enacted by the Senate and House of Rep- as a vehicle, these extraneous propos- ‘‘SEC. 408. It shall not be in order in the resentatives of the United States of America in als avoid the examination through House of Representatives or the Senate to Congress assembled, which legislative proposals must go to consider any bill or joint resolution, or SECTION 1. SHORT TITLE AND TABLE OF CON- justify Federal spending. If there is amendment thereto or conference report TENTS. truly a need to shift funds to these pro- thereon, containing an emergency designa- (a) SHORT TITLE.—This Act may be cited as grams, an alternative vehicle—a regu- tion for purposes of section 251(b)(2)(D) or the ‘‘Product Liability Reform Act of 1997’’. 252(e) of the Balanced Budget and Emergency lar supplemental appropriations bill, (b) TABLE OF CONTENTS.—The table of con- Deficit Control Act of 1985 if it also provides tents is as follows: not an emergency spending bill an appropriation or direct spending for any —should be used. Sec. 1. Short title and table of contents. other item or contains any other matter, but Sec. 2. Findings and purposes. The measure I am introducing today that bill or joint resolution, amendment, or will restrict that kind of misuse of the conference report may contain rescissions of TITLE I—PRODUCT LIABILITY REFORM emergency appropriations process. budget authority or reductions of direct Sec. 101. Definitions. Adding non-emergency, extraneous spending, or that amendment may reduce Sec. 102. Applicability; preemption. Sec. 103. Liability rules applicable to prod- matters to emergency appropriations amounts for that emergency.’’. (d) CONFORMING AMENDMENT.—The table of uct sellers, renters, and lessors. not only is an attempt to avoid the le- contents set forth in section 1(b) of the Con- Sec. 104. Defense based on claimant’s use of gitimate scrutiny of our normal budget gressional Budget and Impoundment Control intoxicating alcohol or drugs. process, it can also jeopardize our abil- Act of 1974 is amended by inserting after the Sec. 105. Misuse or alteration. ity to provide relief to those who are item relating to section 407 the following Sec. 106. Uniform time limitations on liabil- suffering from the disaster to which we new item: ity. Sec. 107. Alternative dispute resolution pro- are responding. ‘‘Sec. 408. Point of order regarding emer- cedures. gencies.’’. Just as importantly, adding super- ∑ Sec. 108. Uniform standards for award of pu- fluous material to emergency appro- nitive damages. priations bills degrades those budget By Mr. GORTON (for himself, Mr. Sec. 109. Liability for certain claims relat- rules on which we rely to impose fiscal ASHCROFT, Mr. MCCAIN, and Mr. ing to death. discipline, and that only encourages LOTT: Sec. 110. Several liability for noneconomic further erosion of our efforts to reduce S. 648. A bill to establish legal stand- loss. the deficit. ards and procedures for product liabil- TITLE II—BIOMATERIALS ACCESS Mr. President, as I noted earlier, this ity litigation, and for other purposes; ASSURANCE legislation has passed both Houses in to the Committee on Commerce, Sec. 201. Short title. recent years—in the Senate during the Science, and Transportation. Sec. 202. Findings. 104th Congress as the amendment I of- THE PRODUCT LIABILITY REFORM ACT OF 1997 Sec. 203. Definitions. fered to the Line Item Veto Act, and in Mr. GORTON. Mr. President, I am in- Sec. 204. General requirements; applicability; preemption. the other body, during the 103rd Con- troducing this evening, along with Sen- Sec. 205. Liability of biomaterials suppliers. gress, by a vote of 406 to 6. I urge my ators ASHCROFT, MCCAIN, and LOTT, a Sec. 206. Procedures for dismissal of civil ac- colleagues to join in this effort to pass bill to reform and rationalize our prod- tions against biomaterials sup- this measure through both Houses dur- uct liability system. pliers. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3677

TITLE III—LIMITATIONS ON (4) reducing the unacceptable costs and (10) PERSON.—The term ‘‘person’’ means APPLICABILITY; EFFECTIVE DATE delays of our civil justice system caused by any individual corporation, company, asso- Sec. 301. Effect of court of appeals decisions. excessive litigation which harm both plain- ciation, firm, partnership, society, joint Sec. 302. Federal cause of action precluded. tiffs and defendants; and stock company, or any other entity (includ- Sec. 303. Effective date. (5) establishing greater fairness, rational- ing any governmental entity). SEC. 2. FINDINGS AND PURPOSES. ity, and predictability in the civil justice (11) PRODUCT.— (A) FINDINGS.—The Congress finds that— system. (A) IN GENERAL.—The term ‘‘product’’ (1) our Nation is overly litigious, the civil TITLE I—TITLE PRODUCT LIABILITY means any object, substance, mixture, or justice system is overcrowded, sluggish, and REFORM raw material in a gaseous, liquid, or solid excessively costly and the costs of lawsuits, SEC. 101. DEFINITIONS. state which— both direct and indirect, are inflicting seri- For purposes of this title— (i) is capable of delivery itself or as an as- ous and unnecessary injury on the national (1) ACTUAL MALICE.—The term ‘‘actual mal- sembled whole, in a mixed or combined economy; ice’’ means specific intent to cause serious state, or as a component part or ingredient; (2) excessive, unpredictable, and often arbi- physical injury, illness, disease, death, or (ii) is produced for introduction into trade trary damage awards and unfair allocations damage to property. or commerce; of liability have a direct and undesirable ef- (2) CLAIMANT.—The term ‘‘claimant’’ (iii) has intrinsic economic value; and fect on interstate commerce by increasing means any person who brings an action cov- (iv) is intended for sale or lease to persons the cost and decreasing the availability of ered by this title and any person on whose for commercial or personal use. goods and services; behalf such an action is brought. If such an (B) EXCLUSIONS.—The term does not in- (3) the rules of law governing product li- action is brought through or on behalf of an clude— ability actions, damage awards, and alloca- estate, the term includes the claimant’s de- (i) tissue, organs, blood, and blood products tions of liability have evolved inconsistently cedent. If such an action is brought through used for therapeutic or medical purposes, ex- within and among the States, resulting in a or on behalf of a minor or incompetent, the cept to the extent that such tissue, organs, complex, contradictory, and uncertain re- term includes the claimant’s legal guardian. blood, and blood products (or the provision gime that is inequitable to both plaintiffs (3) CLEAR AND CONVINCING EVIDENCE.—The thereof) are subject, under applicable State and defendants and unduly burdens inter- term ‘‘clear and convincing evidence’’ is that law, to a standard of liability other than state commerce. measure or degree of proof that will produce negligence; or (4) as a result of excessive, unpredictable, in the mind of the trier of fact a firm belief (ii) electricity, water delivered by a util- and often arbitrary damage awards and un- or conviction as to the truth of the allega- ity, natural gas, or steam. fair allocations of liability, consumers have tions sought to be established. The level of (12) PRODUCT LIABILITY ACTION.— The term been adversely affected through the with- proof required to satisfy such standard is ‘‘product liability action’’ means a civil ac- drawal of products, producers, services, and more than that required under preponder- tion brought on any theory for harm caused service providers from the marketplace, and ance of the evidence, but less than that re- by a product. from excessive liability costs passed on to quired for proof beyond a reasonable doubt. (13) PRODUCT SELLER— them through higher prices; (4) COMMERCIAL LOSS.—The term ‘‘commer- (A) IN GENERAL.—The term ‘‘product sell- (5) excessive, unpredictable, and often arbi- cial loss’’ means any loss or damage solely to er’’ means a person who in the course of a trary damage awards and unfair allocations a product itself, loss relating to a dispute business conducted for that purpose— of liability jeopardize the financial well- over its value, or consequential economic (i) sells, distributes, rents, leases, prepares, being of many individuals as well as entire loss, the recovery of which is governed by blends, packages, labels, or otherwise is in- industries, particularly the Nation’s small the Uniform Commercial Code or analogous volved in placing a product in the stream of businesses and adversely affects government State commercial or contract law. commerce; or and taxpayers; (5) COMPENSATORY DAMAGES.—The term (ii) installs, repairs, refurbishes, recondi- (6) the excessive costs of the civil justice ‘‘compensatory damages’’ means damages tions, or maintains the harm-causing aspect system undermine the ability of American awarded for economic and non-economic of the product. companies to compete internationally, and loss. (B) EXCLUSION.—The term ‘‘product seller’’ serve to decrease the number of jobs and the (6) ECONOMIC LOSS.—The term ‘‘economic does not include— amount of productive capital in the national loss’’ means any pecuniary loss resulting (i) a seller or lessor of real property; economy; from harm (including the loss of earnings or (ii) a provider of professional services in (7) the unpredictability of damage awards other benefits related to employment, medi- any case in which the sale or use of a prod- is inequitable to both plaintiffs and defend- cal expense loss, replacement services loss, uct is incidental to the transaction and the ants and has added considerably to the high loss due to death, burial costs, and loss of essence of the transaction is the furnishing cost of liability insurance, making it dif- business or employment opportunities) to of judgment, skill, or services; or ficult for producers, consumers, volunteers, the extent recovery for such loss is allowed (iii) any person who— and nonprofit organizations to protect them- under applicable State law. (I) acts in only a financial capacity with selves from liability with any degree of con- (7) HARM.—The term ‘‘harm’’ means any respect to the sale of a product; or fidence and at a reasonable cost; physical injury, illness, disease, or death or (II) leases a product under a lease arrange- (8) because of the national scope of the damage to property caused by a product. The ment in which the lessor does not initially problems created by the defects in the civil term does not include commercial loss. select the leased product and does not during justice system, it is not possible for the (8) MANUFACTURER.—The term ‘‘manufac- the lease term ordinarily control the daily States to enact laws that fully and effec- turer’’ means— operations and maintenance of the product. tively respond to those problems; (A) any person who is engaged in a busi- (14) PUNITIVE DAMAGES.—The term ‘‘puni- ness to produce, create, make, or construct (9) it is the constitutional role of the native damages’’ means damages awarded any product (or component part of a product) tional government to remove barriers to against any person or entity to punish or and who (i) designs or formulates the prod- interstate commerce and to protect due deter such person or entity, or others, from uct (or component part of the product), or process rights; and engaging in similar behavior in the future. (10) there is a need to restore rationality, (ii) has engaged another person to design or (15) STATE.—The term ‘‘State’’ means any certainty, and fairness to the civil justice formulate the product (or component part of State of the United States, the District of system in order to protect against excessive, the product); Columbia, Commonwealth of Puerto Rico, arbitrary, and uncertain damage awards and (B) a product seller, but only with respect the Northern Mariana Islands, the Virgin Is- to reduce the volume, costs, and delay of liti- to those aspects of a product (or component lands, Guam, American Samoa, and any gation. part of a product) which are created or af- other territory or possession of the United (b) PURPOSES.—Based upon the powers con- fected when, before placing the product in tained in Article I, Section 8, Clause 3 and the stream of commerce, the product seller States or any political subdivision of any of the Fourteenth Amendment of the United produces, creates, makes or constructs and the foregoing. States Constitution, the purposes of this Act designs, or formulates, or has engaged an- SEC. 102. APPLICABILITY; PREEMPTION. are to promote the free flow of goods and other person to design or formulate, an as- (a) PREEMPTION.— services and to lessen burdens on interstate pect of the product (or component part of the (1) IN GENERAL.—This Act governs any commerce and to uphold constitutionally product) made by another person; or product liability action brought in any State protected due process rights by— (C) any product seller not described in sub- or Federal court on any theory for harm (1) establishing certain uniform legal prin- paragraph (B) which holds itself out as a caused by a product. ciples of product liability which provide a manufacturer to the user of the product. (2) ACTIONS EXCLUDED.—A civil action fair balance among the interests of product (9) NONECONOMIC LOSS.—The term ‘‘non- brought for commercial loss shall be gov- users, manufacturers, and product sellers; economic loss’’ means subjective, nonmone- erned only by applicable commercial or con- (2) placing reasonable limits on damages tary loss resulting from harm, including tract law. over and above the actual damages suffered pain, suffering, inconvenience, mental suffer- (b) RELATIONSHIP TO STATE LAW.—This by a claimant; ing, emotional distress, loss of society and title supersedes State law only to the extent (3) ensuring the fair allocation of liability companionship, loss of consortium, injury to that State law applies to an issue covered by in civil actions; reputation, and humiliation. this title. Any issue that is not governed by S3678 CONGRESSIONAL RECORD — SENATE April 24, 1997 this title, including any standard of liability (B) if the inspection, in the exercise of rea- dinary person who uses or consumes the applicable to a manufacturer, shall be gov- sonable care, would not have revealed the as- product with the knowledge common to the erned by otherwise applicable State or Fed- pect of the product which allegedly caused class of persons who used or would be reason- eral law. the claimant’s harm. ably anticipated to use the product. (c) EFFECT ON OTHER LAW.—Nothing in this (b) SPECIAL RULE.— (2) USE INTENDED BY A MANUFACTURER IS Act shall be construed to— (1) IN GENERAL.—A product seller shall be NOT MISUSE OR ALTERATION.—For the pur- (1) waive or affect any defense of sovereign deemed to be liable as a manufacturer of a poses of this Act, a use of a product that is immunity asserted by any State under any product for harm caused by the product if— intended by the manufacturer of the product law; (A) the manufacturer is not subject to does not constitute a misuse or alteration of (2) supersede or alter any Federal law; service of process under the laws of any the product. (3) waive or affect any defense of sovereign State in which the action may be brought; or (b) WORKPLACE INJURY.—Notwithstanding immunity asserted by the United States; (B) the court determines that the claimant (4) affect the applicability of any provision subsection (a), the damages for which a de- would be unable to enforce a judgment fendant is otherwise liable under State law of chapter 97 of title 28, United States Code; against the manufacturer. (5) preempt State choice-of-law rules with shall not be reduced by the percentage of re- (2) STATUTE OF LIMITATIONS.—For purposes respect to claims brought by a foreign nation sponsibility for the claimant’s harm attrib- of this subsection only, the statute of limita- or a citizen of a foreign nation; utable to misuse or alteration of the product tions applicable to claims asserting liability (6) affect the right of any court to transfer by the claimant’s employer or any co- of a product seller as a manufacturer shall be venue or to apply the law of a foreign nation employee who is immune from suit by the tolled from the date of the filing of a com- or to dismiss a claim of a foreign nation or claimant pursuant to the State law applica- plaint against the manufacturer to the date of a citizen of a foreign nation on the ground ble to workplace injuries. that judgment is entered against the manu- of inconvenient forum; or SEC. 106. UNIFORM TIME LIMITATIONS ON LI- (7) supersede or modify any statutory or facturer. ABILITY. (c) RENTED OR LEASED PRODUCTS.— common law, including any law providing for (a) STATUTE OF LIMITATIONS.— (1) Notwithstanding any other provision of an action to abate a nuisance, that author- (1) IN GENERAL.—Except as provided in izes a person to institute an action for civil law, any person engaged in the business of renting or leasing a product (other than a paragraphs (2) and (3) and subsection (b), a damages or civil penalties, cleanup costs, in- product liability action may be filed not junctions, restitution, cost recovery, puni- person excluded from the definition of product seller under section 101(13)(B)) shall be later than 2 years after the date on which tive damages, or any other form of relief for the claimant discovered or, in the exercise of remediation of the environment (as defined subject to liability in a product liability action under subsection (a), but any person en- reasonable care, should have discovered— in section 101(8) of the Comprehensive Envi- (A) the harm that is the subject of the ac- ronmental Response, Compensation, and Li- gaged in the business of renting or leasing a product shall not be liable to a claimant for tion; and ability Act of 1980 (42 U.S.C. 9601(8)). (B) the cause of the harm. (d) ACTIONS FOR NEGLIGENT ENTRUST- the tortious act of another solely by reason (2) EXCEPTION.—A person with a legal dis- MENT.—A civil action for negligent entrust- of ownership of such product. ment, or any action brought under any the- (2) For purposes of paragraph (1), and for ability (as determined under applicable law) ory of dramshop or third-party liability aris- determining the applicability of this title to may file a product liability action not later ing out of the sale or provision of alcohol any person subject to paragraph (1), the term than 2 years after the date on which the per- products to intoxicated persons or minors, ‘‘product liability action’’ means a civil ac- son ceases to have the legal disability. shall not be subject to the provisions of this tion brought on any theory for harm caused (3) EFFECT OF STAY OR INJUNCTION.—If the Act but shall be subject to any applicable by a product or product use. commencement of a civil action that is sub- State law. SEC. 104. DEFENSE BASED ON CLAIMANT’S USE ject to this title is stayed or enjoined, the running of the statute of limitations under SEC. 103. LIABILITY RULES APPLICABLE TO OF INTOXICATING ALCOHOL OR PRODUCT SELLERS, RENTERS, AND DRUGS. this section shall be suspended until the end LESSORS. (a) GENERAL RULE.—In any product liabil- of the period that the stay or injunction is in (a) GENERAL RULE.— ity action, it shall be a complete defense to effect. (1) IN GENERAL.—In any product liability such action if the defendant proves that— (b) STATUTE OF REPOSE.— action, a product seller other than a manu- (1) the claimant was intoxicated or was (1) IN GENERAL.—Subject to paragraphs (2) facturer shall be liable to a claimant only if under the influence of intoxicating alcohol and (3), no product liability action that is the claimant establishes— or any drug when the accident or other event subject to this Act concerning a product al- (A) that— which resulted in such claimant’s harm oc- leged to have caused harm (other than toxic (i) the product that allegedly caused the curred; and harm) may be filed after the 18-year period harm that is the subject of the complaint (2) the claimant, as a result of the influ- beginning at the time of delivery of the prod- was sold, rented, or leased by the product ence of the alcohol or drug, was more than 50 uct to the first purchaser or lessee. seller; percent responsible for such accident or (2) EXCEPTIONS.— (ii) the product seller failed to exercise other event. (A) A motor vehicle, vessel, aircraft, or reasonable care with respect to the product; (b) CONSTRUCTION.—For purposes of sub- train, that is used primarily to transport and section (a)— passengers for hire, shall not be subject to (iii) the failure to exercise reasonable care (1) the determination of whether a person this subsection. was a proximate cause of harm to the claim- was intoxicated or was under the influence of (B) Paragraph (1) does not bar a product li- ant; intoxicating alcohol or any drug shall be ability action against a defendant who made (B) that— made pursuant to applicable State law; and an express warranty in writing as to the (i) the product seller made an express war- (2) the term ‘‘drug’’ mean any controlled safety or life expectancy of the specific prod- ranty applicable to the product that alleg- substance as defined in the Controlled Sub- uct involved which was longer than 18 years, edly caused the harm that is the subject of stances Act (21 U.S.C. 802(6)) that was not le- but it will apply at the expiration of that the complaint, independent of any express gally prescribed for use by the claimant or warranty. warranty made by a manufacturer as to the that was taken by the claimant other than (c) TRANSITIONAL PROVISION RELATING TO same product; in accordance with the terms of a lawfully EXTENSION OF PERIOD FOR BRINGING CERTAIN (ii) the product failed to conform to the issued prescription. warranty; and ACTIONS.—If any provision of subsection (a) (iii) the failure of the product to conform SEC. 105. MISUSE OR ALTERATION. or (b) shortens the period during which a to the warranty caused harm to the claim- (a) GENERAL RULE.— product liability action could be otherwise ant; or (1) IN GENERAL.—In a product liability ac- brought pursuant to another provision of (C) that— tion, the damages for which a defendant is law, the claimant may, notwithstanding sub- (i) the product seller engaged in inten- otherwise liable under Federal or State law sections (a) and (b), bring the product liabil- tional wrongdoing, as determined under ap- shall be reduced by the percentage of respon- ity action not later than 1 year after the plicable State law; and sibility for the claimant’s harm attributable date of enactment of this Act. (ii) such intentional wrongdoing was a to misuse or alteration of a product by any person if the defendant establishes that such SEC. 107. ALTERNATIVE DISPUTE RESOLUTION proximate cause of the harm that is the sub- PROCEDURES. ject of the complaint. percentage of the claimant’s harm was proxi- (a) SERVICE OF OFFER.—A claimant or a de- (2) REASONABLE OPPORTUNITY FOR INSPEC- mately caused by a use or alteration of a fendant in a product liability action may, TION.—For purposes of paragraph (1)(A)(ii), a product— not later than 60 days after the service of— product seller shall not be considered to have (A) in violation of, or contrary to, a de- failed to exercise reasonable care with re- fendant’s express warnings or instructions if (1) the initial complaint; or spect to a product based upon an alleged fail- the warnings or instructions are adequate as (2) the applicable deadline for a responsive ure to inspect the product— determined pursuant to applicable State law; pleading; (A) if the failure occurred because there or whichever is later, serve upon an adverse was no reasonable opportunity to inspect the (B) involving a risk of harm which was party an offer to proceed pursuant to any product; or known or should have been known by the or- voluntary, nonbinding alternative dispute April 24, 1997 CONGRESSIONAL RECORD — SENATE S3679 resolution procedure established or recog- (v) the duration of the misconduct and any loss allocated to the defendant in direct pro- nized under the law of the State in which the concurrent or subsequent concealment of the portion to the percentage of responsibility of product liability action is brought or under conduct by the defendant; the defendant (determined in accordance the rules of the court in which such action is (vi) the attitude and conduct of the defend- with paragraph (2)) for the harm to the maintained. ant upon the discovery of the misconduct claimant with respect to which the defend- (b) WRITTEN NOTICE OF ACCEPTANCE OR RE- and whether the misconduct has terminated; ant is liable. The court shall render a sepa- JECTION.—Except as provided in subsection (vii) the financial condition of the defend- rate judgment against each defendant in an (c), not later than 10 days after the service of ant; and amount determined pursuant to the preced- an offeree to proceed under subsection (a), an (viii) the cumulative deterrent effect of ing sentence. offeree shall file a written notice of accept- other losses, damages, and punishment suf- (2) PERCENTAGE OF RESPONSIBILITY.—For ance or rejection of the offer. fered by the defendant as a result of the mis- purposes of determining the amount of non- (c) EXTENSION.—The court may, upon mo- conduct, reducing the amount of punitive economic loss allocated to a defendant under tion by an offeree made prior to the expira- damages on the basis of the economic impact this section, the trier of fact shall determine tion of the 10-day period specified in sub- and severity of all measures to which the de- the percentage of responsibility of each per- section (b), extend the period for filing a fendant has been or may be subjected, in- son responsible for the claimant’s harm, written notice under such subsection for a cluding— whether or not such person is a party to the period of not more than 60 days after the (I) compensatory and punitive damage action. date of expiration of the period specified in awards to similarly situated claimants; TITLE II—BIOMATERIALS ACCESS (II) the adverse economic effect of stigma subsection (b). Discovery may be permitted ASSURANCE during such period. or loss of reputation; SEC. 201. SHORT TITLE. SEC. 108. UNIFORM STANDARDS FOR AWARD OF (III) civil fines and criminal and adminis- PUNITIVE DAMAGES. trative penalties; and This title may be cited as the ‘‘Biomate- rials Access Assurance Act of 1997’’. (a) GENERAL RULE.—Punitive damages (IV) stop sale, cease and desist, and other may, to the extent permitted by applicable remedial or enforcement orders. SEC. 202. FINDINGS. State law, be awarded against a defendant if (C) REQUIREMENTS FOR AWARDING ADDI- Congress finds that— the claimant establishes by clear and con- TIONAL AMOUNT.—If the court awards an addi- (1) each year millions of citizens of the vincing evidence that conduct carried out by tional amount pursuant to this subsection, United States depend on the availability of the defendant with a conscious, flagrant in- the court shall state its reasons for setting lifesaving or life enhancing medical devices, difference to the rights or safety of others the amount of the additional amount in find- many of which are permanently implantable was the proximate cause of the harm that is ings of fact and conclusions of law. within the human body; the subject of the action in any product li- (D) PREEMPTION.—This section does not (2) a continued supply of raw materials and ability action. create a cause of action for punitive damages component parts is necessary for the inven- (b) LIMITATION ON AMOUNT.— and does not preempt or supersede any State tion, development, improvement, and main- (1) IN GENERAL.—The amount of punitive or Federal law to the extent that such law tenance of the supply of the devices; damages that may be awarded in an action would further limit the award of punitive (3) most of the medical devices are made described in subsection (a) may not exceed damages. Nothing in this subsection shall with raw materials and component parts the greater of— modify or reduce the ability of courts to that— (A) 2 times the sum of the amount awarded order remittiturs. (A) are not designed or manufactured spe- to the claimant for economic loss and non- (4) APPLICATION BY COURT.—This subsection cifically for use in medical devices; and economic loss; or shall be applied by the court and application (B) come in contact with internal human (B) $250,000. of this subsection shall not be disclosed to tissue; (2) SPECIAL RULE.—Notwithstanding para- the jury. Nothing in this subsection shall au- (4) the raw materials and component parts graph (1), in any action described in sub- thorize the court to enter an award of puni- also are used in a variety of nonmedical section (a) against an individual whose net tive damages in excess of the jury’s initial products; worth does not exceed $500,000 or against an award of punitive damages. (5) because small quantities of the raw ma- owner of an unincorporated business, or any (c) BIFURCATION AT REQUEST OF ANY terials and component parts are used for partnership, corporation, association, unit of PARTY.— medical devices, sales of raw materials and local government, or organization which has (1) IN GENERAL.—At the request of any component parts for medical devices con- fewer than 25 full-time employees, the puni- party the trier of fact in any action that is stitute an extremely small portion of the tive damages shall not exceed the lesser of— subject to this section shall consider in a overall market for the raw materials and (A) 2 times the sum of the amount awarded separate proceeding, held subsequent to the medical devices; to the claimant for economic loss and non- determination of the amount of compen- (6) under the Federal Food, Drug, and Cos- economic loss; or satory damages, whether punitive damages metic Act (21 U.S.C. 301 et seq.), manufactur- (B) $250,000. are to be awarded for the harm that is the ers of medical devices are required to dem- For the purpose of determining the applica- subject of the action and the amount of the onstrate that the medical devices are safe bility of this paragraph to a corporation, the award. and effective, including demonstrating that number of employees of a subsidiary or whol- (2) INADMISSIBILITY OF EVIDENCE RELATIVE the products are properly designed and have ly-owned corporation shall include all em- ONLY TO A CLAIM OF PUNITIVE DAMAGES IN A adequate warnings or instructions; ployees of a parent or sister corporation. PROCEEDING CONCERNING COMPENSATORY DAM- (7) notwithstanding the fact that raw ma- (3) EXCEPTION FOR INSUFFICIENT AWARD IN AGES.—If any party requests a separate pro- terials and component parts suppliers do not CASES OF EGREGIOUS CONDUCT.— ceeding under paragraph (1), in a proceeding design, produce, or test a final medical de- (A) DETERMINATION BY COURT.—If the court to determine whether the claimant may be vice, the suppliers have been the subject of makes a determination, after considering awarded compensatory damages, any evi- actions alleging inadequate— each of the factors in subparagraph (B), that dence, argument, or contention that is rel- (A) design and testing of medical devices the application of paragraph (1) would result evant only to the claim of punitive damages, manufactured with materials or parts sup- in an award of punitive damages that is in- as determined by applicable State law, shall plied by the suppliers; or sufficient to punish the egregious conduct of be inadmissible. (B) warnings related to the use of such the defendant against whom the punitive SEC. 109. LIABILITY FOR CERTAIN CLAIMS RE- medical devices; damages are to be awarded or to deter such LATING TO DEATH. (8) even though suppliers of raw materials conduct in the future, the court shall deter- In any civil action in which the alleged and component parts have very rarely been mine the additional amount of punitive dam- harm to the claimant is death and, as of the held liable in such actions, such suppliers ages (referred to in this paragraph as the effective date of this Act, the applicable have ceased supplying certain raw materials ‘‘additional amount’’) in excess of the State law provides, or has been construed to and component parts for use in medical de- amount determined in accordance with para- provide, for damages only punitive in nature, vices because the costs associated with liti- graph (1) to be awarded against the defend- a defendant may be liable for any such dam- gation in order to ensure a favorable judg- ant in a separate proceeding in accordance ages without regard to section 108, but only ment for the suppliers far exceeds the total with this paragraph. during such time as the State law so pro- potential sales revenues from sales by such (B) FACTORS FOR CONSIDERATION.—In any vides. This section shall cease to be effective suppliers to the medical device industry; proceeding under paragraph (A), the court September 1, 1997. (9) unless alternate sources of supply can shall consider— SEC. 110. SEVERAL LIABILITY FOR NON- be found, the unavailability of raw materials (i) the extent to which the defendant acted ECONOMIC LOSS. and component parts for medical devices will with actual malice; (a) GENERAL RULE.—In a product liability lead to unavailability of lifesaving and life- (ii) the likelihood that serious harm would action, the liability of each defendant for enhancing medical devices; arise from the conduct of the defendant; noneconomic loss shall be several only and (10) because other suppliers of the raw ma- (iii) the degree of the awareness of the de- shall not be joint. terials and component parts in foreign na- fendant of that likelihood; (b) AMOUNT OF LIABILITY.— tions are refusing to sell raw materials or (iv) the profitability of the misconduct to (1) IN GENERAL.—Each defendant shall be component parts for use in manufacturing the defendant; liable only for the amount of noneconomic certain medical devices in the United States, S3680 CONGRESSIONAL RECORD — SENATE April 24, 1997

the prospects for development of new sources (iii) a person alleging harm caused by ei- (9) SECRETARY.—The term ‘‘Secretary’’ of supply for the full range of threatened raw ther the silicone gel or the silicone envelope means the Secretary of Health and Human materials and component parts for medical utilized in a breast implant containing sili- Services. devices are remote; cone gel, except that— (10) SELLER.— (11) it is unlikely that the small market (I) neither the exclusion provided by this (A) IN GENERAL.—The term ‘‘seller’’ means for such raw materials and component parts clause nor any other provision of this Act a person who, in the course of a business con- in the United States could support the large may be construed as a finding that silicone ducted for that purpose, sells, distributes, investment needed to develop new suppliers gel (or any other form of silicone) may or leases, packages, labels, or otherwise places of such raw materials and component parts; may not cause harm; and an implant in the stream of commerce. (12) attempts to develop such new suppliers (II) the existence of the exclusion under (B) EXCLUSIONS.—The term does not in- would raise the cost of medical devices; this clause may not— clude— (13) courts that have considered the duties (aa) be disclosed to a jury in any civil ac- (i) a seller or lessor of real property; of the suppliers of the raw materials and tion or other proceeding; and (ii) a provider of professional services, in component parts have generally found that (bb) except as necessary to establish the any case in which the sale or use of an im- the suppliers do not have a duty— applicability of this Act, otherwise be pre- plant is incidental to the transaction and the (A) to evaluate the safety and efficacy of sented in any civil action or other proceed- essence of the transaction is the furnishing the use of a raw material or component part ing; or of judgment, skill, or services; or in a medical device; and (iv) any person who acts in only a financial (iii) any person who acts in only a finan- (B) to warn consumers concerning the safe- capacity with respect to the sale of an im- cial capacity with respect to the sale of an ty and effectiveness of a medical device; plant. implant. (14) attempts to impose the duties referred (3) COMPONENT PART.— SEC. 204. GENERAL REQUIREMENTS; APPLICA- to in subparagraphs (A) and (B) of paragraph (A) IN GENERAL.—The term ‘‘component BILITY; PREEMPTION. (13) on suppliers of the raw materials and part’’ means a manufactured piece of an im- (a) GENERAL REQUIREMENTS.— component parts would cause more harm plant. (1) IN GENERAL.—In any civil action cov- than good by driving the suppliers to cease (B) CERTAIN COMPONENTS.—Such term in- ered by this title, a biomaterials supplier supplying manufacturers of medical devices; cludes a manufactured piece of an implant may raise any defense set forth in section and that— 205. (15) in order to safeguard the availability (i) has significant non-implant applica- (2) PROCEDURES.—Notwithstanding any of a wide variety of lifesaving and life-en- tions; and other provision of law, the Federal or State hancing medical devices, immediate action (ii) alone, has no implant value or purpose, court in which a civil action covered by this is needed— but when combined with other component title is pending shall, in connection with a (A) to clarify the permissible bases of li- parts and materials, constitutes an implant. motion for dismissal or judgment based on a ability for suppliers of raw materials and (4) HARM.— defense described in paragraph (1), use the component parts for medical devices; and (A) IN GENERAL.—The term ‘‘harm’’ procedures set forth in section 206. means— (B) to provide expeditious procedures to (b) APPLICABILITY.— (i) any injury to or damage suffered by an dispose of unwarranted suits against the sup- (1) IN GENERAL.—Except as provided in indiviudal; pliers in such manner as to minimize litiga- paragraph (2), notwithstanding any other (ii) any illness, disease, or death of that in- tion costs. provision of law, this title applies to any dividual resulting from that injury or dam- SEC. 203. DEFINITIONS. civil action brought by a claimant, whether age; and in a Federal or State court, against a manu- As used in this title: (iii) any loss to that individual or any facturer, seller, or biomaterials supplier, on (1) BIOMATERIALS SUPPLIER.— other individual resulting from that injury the basis of any legal theory, for harm alleg- (A) IN GENERAL.—The term ‘‘biomaterials or damage. edly caused by an implant. supplier’’ means an entity that directly or (B) EXCLUSION.—The term does not include (2) EXCLUSION.—A civil action brought by a indirectly supplies a component part or raw any commercial loss or loss of or damage to purchaser of a medical device for use in pro- material for use in the manufacture of an an implant. viding professional services against a manu- implant. (5) IMPLANT.—The term ‘‘implant’’ means— (B) PERSONS INCLUDED.—Such term in- (A) a medical device that is intended by facturer, seller, or biomaterials supplier for cludes any person who— the manufacturer of the device— loss or damage to an implant or for commer- (i) has submitted master files to the Sec- (i) to be placed into a surgically or natu- cial loss to the purchaser— retary for purposes of premarket approval of rally formed or existing cavity of the body (A) shall not be considered an action that a medical device; or for a period of at least 30 days; or is subject to this title; and (ii) licenses a biomaterials supplier to (ii) to remain in contact with bodily fluids (B) shall be governed by applicable com- produce component parts or raw materials. or internal human tissue through a sur- mercial or contract law. (2) CLAIMANT.— gically produced opening for a period of less (c) SCOPE OF PREEMPTION.— (A) IN GENERAL.—The term ‘‘claimant’’ than 30 days; and (1) IN GENERAL.—This title supersedes any means any person who brings a civil action, (B) suture materials used in implant proce- State law regarding recovery for harm or on whose behalf a civil action is brought, dures. caused by an implant and any rule of proce- arising from harm allegedly caused directly (6) MANUFACTURER.—The term ‘‘manufac- dure applicable to a civil action to recover or indirectly by an implant, including a per- turer’’ means any person who, with respect damages for such harm only to the extent son other than the individual into whose to an implant— that this title establishes a rule of law appli- body, or in contact with whose blood or tis- (A) is engaged in the manufacture, prepa- cable to the recovery of such damages. sue, the implant is placed, who claims to ration, propagation, compounding, or proc- (2) APPLICABILITY OF OTHER LAWS.—Any have suffered harm as a result of the im- essing (as defined in section 510(a)(1)) of the issue that arises under this title and that is plant. Federal Food, Drug, and Cosmetic Act (21 not governed by a rule of law applicable to (B) ACTION BROUGHT ON BEHALF OF AN ES- U.S.C. 360(a)(1)) of the implant; and the recovery of damages described in para- TATE.—With respect to an action brought on (B) is required— graph (1) shall be governed by applicable behalf of or through the estate of an individ- (i) to register with the Secretary pursuant Federal or State law. ual into whose body, or in contact with to section 510 of the Federal Food, Drug, and (d) STATUTORY CONSTRUCTION.—Nothing in whose blood or tissue the implant is placed, Cosmetic Act (21 U.S.C. 360) and the regula- this title may be construed— such term includes the decedent that is the tions issued under such section; and (1) to affect any defense available to a de- subject of the action. (ii) to include the implant on a list of defendant under any other provisions of Fed- (C) ACTION BROUGHT ON BEHALF OF A MINOR vices filed with the Secretary pursuant to eral or State law in an action alleging harm OR INCOMPETENT.—With respect to an action section 501(j) of such Act (21 U.S.C. 360(j)) caused by an implant; or brought on behalf of or through a minor or and the regulations issued under such sec- (2) to create a cause of action or Federal incompetent, such term includes the parent tion. court jurisdiction pursuant to section 1331 or or guardian of the minor or incompetent. (7) MEDICAL DEVICE.—The term ‘‘medical 1337 of title 28. United States Code, that oth- (D) EXCLUSIONS.—Such term does not in- device’’ means a device, as defined in section erwise would not exist under applicable Fed- clude— 201(h) of the Federal Food, Drug, and Cos- eral or State law. (i) a provider of professional health care metic Act (21 U.S.C. 321(h)) and includes any SEC. 205. LIABILITY OF BIOMATERIALS SUPPLI- services, in any case in which— device component of any combination prod- ERS. (I) the sale or use of an implant is inciden- uct as that term is used in section 503(g) of (a) IN GENERAL.— tal to the transaction; and such Act (21 U.S.C. 353(g)). (1) EXCLUSION FROM LIABILITY.—Except as (II) the essence of the transaction is the (8) RAW MATERIAL.—The term ‘‘raw mate- provided in paragraph (2), a biomaterials furnishing of judgment, skill, or services; rial’’ means a substance or product that— supplier shall not be liable for harm to a (ii) a person acting in the capacity of a (A) has a generic use; and claimant caused by an implant. manufacturer, seller, or biomaterials sup- (B) may be used in an application other (2) LIABILITY.—A biomaterials supplier plier; than an implant. that— April 24, 1997 CONGRESSIONAL RECORD — SENATE S3681

(A) is a manufacturer may be liable for (ii) the entrance of the implant in the (b) MANUFACTURER OF IMPLANT SHALL BE harm to a claimant described in subsection stream of commerce; and NAMED A PARTY.—The claimant shall be re- (b); (B) subsequently resold the implant; or quired to name the manufacturer of the im- (B) is a seller may be liable for harm to a (2) the biomaterials supplier is related by plant as a party to the action, unless— claimant described in subsection (c); and common ownership or control to a person (1) the manufacturer is subject to service (C) furnishes raw materials or component meeting all the requirements described in of process solely in a jurisdiction in which parts that fail to meet applicable contrac- paragraph (1), if a court deciding a motion to the biomaterials supplier is not domiciled or tual requirements or specifications may be dismiss in accordance with section subject to a service of process; or liable for harm to a claimant described in 206(c)(3)(B)(ii) finds, on the basis of affidavits (2) an action against the manufacturer is subsection (d). submitted in accordance with section 206, barred by applicable law. (b) LIABILITY AS MANUFACTURER.— that it is necessary to impose liability on (c) PROCEEDING ON MOTION TO DISMISS.— (1) IN GENERAL.—A biomaterials supplier the biomaterials supplier as a seller because The following rules shall apply to any pro- may, to the extent required and permitted the related seller meeting the requirements ceeding on a motion to dismiss filed under by any other applicable law, be liable for of paragraph (1) lacks sufficient financial re- this section: harm to a claimant caused by an implant if sources to satisfy any judgment that the (1) AFFIDAVITS RELATING TO LISTING AND the biomaterials supplier is the manufac- court feels it is likely to enter should the DECLARATIONS.— turer of the implant. claimant prevail. (A) IN GENERAL.—The defendant in the ac- (2) GROUNDS FOR LIABILITY.—The biomate- (d) LIABILITY FOR VIOLATING CONTRACTUAL tion may submit an affidavit demonstrating rials supplier may be considered the manu- REQUIREMENTS OR SPECIFICATIONS.—A bio- that defendant has not included the implant facturer of the implant that allegedly caused materials supplier may, to the extent re- on a list, if any, filed with the Secretary pur- harm to a claimant only if the biomaterials quired and permitted by any other applicable suant to section 510(j) of the Federal Food, supplier— law, be liable for harm to a claimant caused Drug, and Cosmetic Act (21 U.S.C. 360(j)). (A)(i) has registered with the Secretary by an implant, if the claimant in an action (B) RESPONSE TO MOTION TO DISMISS.—In re- pursuant to section 510 of the Federal Food, shows, by a preponderance of the evidence, sponse to the motion to dismiss, the claim- Drug, and Cosmetic Act (21 U.S.C. 360) and that— ant may submit an affidavit demonstrating (1) the raw materials or component parts the regulations issued under such section; that— delivered by the biomaterials supplier ei- and (i) the Secretary has, with respect to the (ii) included the implant on a list of de- ther— defendant and the implant that allegedly (A) did not constitute the product devices filed with the Secretary pursuant to caused harm to the claimant, issued a dec- scribed in the contract between the biomate- section 510(j) of such Act (21 U.S.C. 360(j)) laration pursuant to section 205(b)(2)(B); or rials supplier and the person who contracted (ii) the defendant who filed the motion to and the regulations issued under such sec- for delivery of the product; or dismiss is a seller of the implant who is lia- tion; (B) failed to meet any specifications that ble under section 205(c). (B) is the subject of a declaration issued by were— the Secretary pursuant to paragraph (3) that (i) provided to the biomaterials supplier (2) EFFECT OF MOTION TO DISMISS ON DISCOV- states that the supplier, with respect to the and not expressly repudiated by the biomate- ERY.— implant that allegedly caused harm to the rials supplier prior to acceptance of delivery (A) IN GENERAL.—If a defendant files a mo- claimant, was required to— of the raw materials or component parts; tion to dismiss under paragraph (1) or (2) of (i) register with the Secretary under sec- (ii)(I) published by the biomaterials sup- subsection (a), no discovery shall be per- tion 510 of such Act (21 U.S.C. 360), and the plier; mitted in connection to the action that is regulations issued under such section, but (II) provided to the manufacturer by the the subject of the motion, other than discov- failed to do so; or biomaterials supplier; or ery necessary to determine a motion to dis- (ii) include the implant on a list of devices (III) contained in a master file that was miss for lack of jurisdiction, until such time filed with the Secretary pursuant to section submitted by the biomaterials supplier to as the court rules on the motion to dismiss 510(j) of such Act (21 U.S.C. 360(j)) and the the Secretary and that is currently main- in accordance with the affidavits submitted regulations issued under such section, but tained by the biomaterials supplier for pur- by the parties in accordance with this sec- failed to do so; or poses of premarket approval of medical de- tion. (C) is related by common ownership or con- vices; or (B) DISCOVERY.—If a defendant files a mo- trol to a person meeting all the requirements (iii) included in the submissions for pur- tion to dismiss under subsection (a)(2)(B)(i) described in subparagraph (A) or (B), if the poses of premarket approval or review by the on the grounds that the biomaterials sup- court deciding a motion to dismiss in accord- Secretary under section 510, 513, 515, or 520 of plier did not furnish raw materials or compo- ance with section 206(c)(3)(B)(i) finds, on the the Federal Food, Drug, and Cosmetic Act nent parts in violation of contractual re- basis of affidavits submitted in accordance (21 U.S.C. 360, 360c, 360e, or 360j), and received quirements or specifications, the court may with section 206, that it is necessary to im- clearance from the Secretary if such speci- permit discovery, as ordered by the court. pose liability on the biomaterials supplier as fications were provided by the manufacturer The discovery conducted pursuant to this a manufacturer because the related manu- to the biomaterials supplier and were not ex- subparagraph shall be limited to issues that facturer meeting the requirements of sub- pressly repudiated by the biomaterials sup- are directly relevant to— paragraph (A) or (B) lacks sufficient finan- plier prior to the acceptance by the manufac- (i) the pending motion to dismiss; or cial resources to satisfy any judgment that turer of delivery of the raw materials or (ii) the jurisdiction of the court. the court feels it is likely to enter should the component parts; and (3) AFFIDAVITS RELATING STATUS OF DE- claimant prevail. (2) such conduct was an actual and proxi- FENDANT.— (3) ADMINISTRATIVE PROCEDURES.— mate cause of the harm to the claimant. (A) IN GENERAL.—Except as provided in (A) IN GENERAL.—The Secretary may issue SEC. 206. PROCEDURES FOR DISMISSAL OF CIVIL clauses (i) and (ii) of subparagraph (B), the a declaration described in paragraph (2)(B) ACTIONS AGAINST BIOMATERIALS court shall consider a defendant to be a bio- SUPPLIERS. on the motion of the Secretary or on peti- materials supplier who is not subject to an (a) MOTION TO DISMISS.—In any action that tion by any person, after providing— action for harm to a claimant caused by an is subject to this title, a biomaterials sup- (i) notice to the affected persons; and implant, other than an action relating to li- plier who is a defendant in such action may, (ii) an opportunity for an informal hearing. ability for a violation of contractual require- at any time during which a motion to dis- (B) DOCKETING AND FINAL DECISION.—Imme- ments or specifications described in sub- miss may be filed under an applicable law, diately upon receipt of a petition filed pursu- section (d). move to dismiss the action against it on the ant to this paragraph, the Secretary shall (B) RESPONSES TO MOTION TO DISMISS.—The grounds that— court shall grant a motion to dismiss any ac- docket the petition. Not later than 180 days (1) the defendant is a biomaterials sup- tion that asserts liability of the defendant after the petition is filed, the Secretary shall plier; and issue a final decision on the petition. (2)(A) the defendant should not, for the under subsection (b) or (c) of section 205 on (C) APPLICABILITY OF STATUTE OF LIMITA- purposes of— the grounds that the defendant is not a man- TIONS.—Any applicable statute of limitations (i) section 205(b), be considered to be a ufacturer subject to such section 205(b) or shall toll during the period during which a manufacturer of the implant that is subject seller subject to section 205(c), unless the claimant has filed a petition with the Sec- to such section; or claimant submits a valid affidavit that dem- retary under this paragraph. (ii) section 205(c), be considered to be a onstrates that— (c) LIABILITY AS SELLER.—A biomaterials seller of the implant that allegedly caused (i) with respect to a motion to dismiss con- supplier may, to the extent required and per- harm to the claimant; or tending the defendant is not a manufacturer, mitted by any other applicable law, be liable (B)(i) the claimant has failed to establish, the defendant meets the applicable require- as a seller for harm to a claimant caused by pursuant to section 205(d), that the supplier ments for liability as a manufacturer under an implant if— furnished raw materials or component parts section 205(b); or (1) the biomaterials supplier— in violation of contractual requirements or (ii) with respect to a motion to dismiss (A) held title to the implant that allegedly specifications; or contending that the defendant is not a seller, caused harm to the claimant as a result of (ii) the claimant has failed to comply with the defendant meets the applicable require- purchasing the implant after— the procedural requirements of subsection ments for liability as a seller under section (i) the manufacture of the implant; and (b). 205(c). S3682 CONGRESSIONAL RECORD — SENATE April 24, 1997 (4) BASIS OF RULING ON MOTION TO DISMISS.— TITLE III—LIMITATIONS ON cause it is only through early detection (A) IN GENERAL.—The court shall rule on a APPLICABILITY; EFFECTIVE DATE that we can thwart the progress of the motion to dismiss filed under subsection (a) SEC. 301. EFFECT OF COURT OF APPEALS DECI- disease and initiate preventive efforts solely on the basis of the pleadings of the SIONS. to stop further loss of bone mass. parties made pursuant to this section and A decision by a Federal circuit court of ap- Bone mass measurement can be used any affidavits submitted by the parties pur- peals interpreting a provision of this Act (ex- suant to this section. cept to the extent that the decision is over- to determine the status of a person’s bone health and to predict the risk of (B) MOTION FOR SUMMARY JUDGMENT.—Not- ruled or otherwise modified by the Supreme withstanding any other provision of law, if Court) shall be considered a controlling future fractures. These tests are safe, the court determines that the pleadings and precedent with respect to any subsequent de- painless, accurate and quick. Our ex- affidavits made by parties pursuant to this cision made concerning the interpretation of panding technology is adding new section raise genuine issues concerning ma- such provision by any Federal or State court methods to determine bone mass and terial facts with respect to a motion con- within the geographical boundaries of the we need to keep up with this tech- cerning contractual requirements and speci- area under the jurisdiction of the circuit nology. The most commonly used test court of appeals. fications, the court may deem the motion to currently is DXA (Dual energy X-ray dismiss to be a motion for summary judg- SEC. 302. FEDERAL CAUSE OF ACTION PRE- ment made pursuant to subsection (d). CLUDED. Absorptiometry). In order to ensure that we detect (d) SUMMARY JUDGMENT.— The district courts of the United States bone loss early, we need to ensure that (1) IN GENERAL.— shall not have jurisdiction pursuant to this Act based on section 1331 or 1337 of title 28, older women have coverage for bone (A) BASIS FOR ENTRY OF JUDGMENT.—A biomaterials supplier shall be entitled to entry United States Code. mass tests. Unfortunately, Medicare of judgment without trial if the court finds SEC. 303. EFFECTIVE DATE. coverage is inconsistent in its coverage there is no genuine issue concerning any ma- This Act shall apply with respect to any depending on where an individual re- terial fact for each applicable element set action commenced on or after the date of the sides. Instead of national coverage of enactment of this Act without regard to forth in paragraphs (1) and (2) of section the DXA test, Medicare leaves coverage 205(d). whether the harm that is the subject of the action or the conduct that caused the harm decisions to local Medicare insurance (B) ISSUES OF MATERIAL FACT.—With re- occurred before such date of enactment.∑ carriers. The definition of who is quali- spect to a finding made under subparagraph fied to receive a bone mass measure- (A), the court shall consider a genuine issue of material fact to exist only if the evidence By Ms. SNOWE (for herself, Mr. ment varies from carrier to carrier. submitted by claimant would be sufficient to GRASSLEY, Mr. GLENN, Mr. Some carriers require beneficiaries to allow a reasonable jury to reach a verdict for D’AMATO, Mr. INOUYE, Mr. have suffered substantial bone loss be- the claimant if the jury found the evidence ROCKEFELLER and Mr. MACK): fore allowing coverage for a bone den- to be credible. S. 649. A bill to amend title XVIII of sity test. For example, in about 20 (2) DISCOVERY MADE PRIOR TO A RULING ON A the Social Security Act to provide for States, the carriers require x-ray proof MOTION FOR SUMMARY JUDGMENT.—If, under coverage of bone mass measurements of low bone mass or other abnormali- applicable rules, the court permits discovery for certain individuals under part B of ties. Unfortunately, standard x-rays do prior to a ruling on a motion for summary the Medicare program; to the Commit- not reveal osteoporosis until 25 to 40 judgment made pursuant to this subsection, tee on Finance. such discovery shall be limited solely to es- percent of bone mass has been lost. tablishing whether a genuine issue of mate- THE BONE MASS MEASUREMENT One carrier allows pre-menopausal rial fact exists as to the applicable elements STANDARDIZATION ACT OF 1997 women to have a DXA test to deter- set forth in paragraphs (1) and (2) of section ∑ Ms. SNOWE. Mr. President, today I mine whether hormone replacement 205(d). am introducing the Bone Mass Meas- therapy is indicated. However, it does (3) DISCOVERY WITH RESPECT TO A BIOMATE- urement Standardization Act of 1997. not allow the test to determine treat- RIALS SUPPLIER.—A biomaterials supplier Millions of women in their post-men- ment for the post-menopausal women— shall be subject to discovery in connection opausal years face a silent killer, a the majority of Medicare beneficiaries. with a motion seeking dismissal or summary stalker disease we know as Other carriers have no specific rules to judgment on the basis of the inapplicability osteoporosis. This unforgiving bone of section 205(d) or the failure to establish guide reimbursement and cover the the applicable elements of section 205(d) disease afflicts 28 million Americans; tests on a haphazard case-by-case solely to the extent permitted by the appli- causes 50,000 deaths each year; 1.5 mil- basis. cable Federal or State rules for discovery lion bone fractures annually; and the Frequency of testing also varies from against nonparties. direct medical costs of osteoporosis carrier to carrier. Re-testing is impor- (e) STAY PENDING PETITION FOR DECLARA- fracture patients are $13.8 billion each tant to monitor treatment, yet only TION.—If a claimant has filed a petition for a year, or $38 million every single day. eight states specifically allow coverage declaration pursuant to section 205(b)(3)(A) This cost is projected to reach $60 bil- for people who are under treatment for with respect to a defendant, and the Sec- lion by the year 2020 and $240 billion by osteoporosis. retary has not issued a final decision on the the year 2040 if medical research has This patchwork coverage is confusing petition, the court shall stay all proceedings with respect to that defendant until such not discovered an effective treatment. to beneficiaries, and means that an time as the Secretary has issued a final deci- The facts also show that one out of older woman who lives in one State sion on the petition. every two women have a lifetime risk will be covered, but if she moves to an- (f) MANUFACTURER CONDUCT OF PROCEED- of bone fractures due to osteoporosis, other state, she may not be. A woman ING.—The manufacturer of an implant that is and that it affects half of all women may also lose coverage if she moves to the subject of an action covered under this over the age of 50 and an astounding another city within a given State. title shall be permitted to file and conduct a 90% of all women over 75. Perhaps the Mr. President, a woman shouldn’t proceeding on any motion for summary judg- most tragic consequences of have to change zip codes to obtain cov- ment or dismissal filed by a biomaterials osteoporosis occur with the 300,000 in- erage for a preventive test, especially supplier who is a defendant under this section if the manufacturer and any other de- dividuals annually who suffer a hip when early intervention is the only ac- fendant in such action enter into a valid and fracture. Twelve to thirteen percent of tion we can take right now to slow the applicable contractual agreement under these persons will die within six loss of bone mass. Once it is lost, it which the manufacturer agrees to bear the months following a hip fracture, and of cannot be replaced. cost of such proceeding or to conduct such those who survive, 20% will never walk The Medicare Bone Mass Measure- proceeding. again, and 20% will require nursing ment Standardization Act will clarify (g) ATTORNEY FEES.—The court shall re- home care—often for the rest of their the Medicare coverage policy for DXA quire the claimant to compensate the bio- lives. testing to make it uniform in all materials supplier (or a manufacturer ap- We all know that osteoporosis cannot states. We all know that an ounce of pearing in lieu of a supplier pursuant to subsection (f)) for attorney fees and costs, if— be cured, although with a continued prevention is worth a pound of cure. (1) the claimant named or joined the bio- commitment to research in this area I This bill will ensure that older women, materials supplier; and remain hopeful that we will find one. regardless of where they live, will have (2) the court found the claim against the We also know that once bone mass is access to bone mass measurement tech- biomaterials supplier to be without merit lost, it cannot be replaced. Therefore, nology that will help detect bone loss and frivolous. early detection is our best weapon be- and allow preventive steps to be taken. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3683 I urge my colleagues to support this By Mr. NICKLES: plan to be much larger than they had important bill.∑ S. 650. A bill to amend the Internal anticipated. Aggressive business own- ∑ Mr. GRASSLEY. Mr. President, I am Revenue Code of 1986 to reduce estate ers who reinvest all their profits back pleased to join my colleague from taxes by providing a 20 percent rate of into their business will find themselves Maine, Senator SNOWE, to introduce tax on estates exceeding $1,000,000, and asset-rich and cash-poor. legislation to standardize Medicare eli- a 30 percent rate of tax on estates ex- Under current law, a taxable estate gibility for the diagnosis of ceeding $10,000,000, and for other pur- of $1 million faces a marginal tax rate osteoporosis. It is estimated that poses; to the Committee on Finance. of 39 percent. A taxable estate of $3 osteoporosis results in 1.5 million frac- THE ESTATE TAX REDUCTION ACT OF 1997 million qualifies you for a confiscatory tures and $20 billion in medical costs Mr. NICKLES. Mr. President, an 55 percent marginal tax rate. A tax each year. The Centers for Disease Con- April 15, 1997 letter to the Wall Street credit limits the tax on the first trol and Prevention, through the use of Journal, which I will insert for the $600,000 of the estate. 1992 incidence data of bone fractures RECORD, describes one family’s recent If a person starts a small business— related to osteoporosis, determined experience with the estate tax. be it a farm, a restaurant, or a car that such fractures represent three per- The letter states, ‘‘We finally did it. dealership—and they work hard, ex- cent of all Medicare costs. A recent re- We didn’t want to, but we had no pand, and become successful, why port issued by the Alliance for Aging choice. Exactly nine months after my should Uncle Sam be entitled to 39 per- Research examined the dramatic sav- father-in-law died, my wife and I signed cent or 55 percent of it? What did the ings realized when the onset of age-re- a check for $1,285,000 payable to the In- government do to build that business? lated disability is delayed. The report ternal Revenue Service.’’ This business owner has already paid indicates that delaying the onset of The man who wrote this letter goes annual income tax (twice if organized osteoporosis by 5 years could save the on to talk about what his family could as a corporation), self-employment tax, economy up to as much as $10 billion have used that money for, such as buy- FICA tax, FUTA tax, and capital gains annually. ing a beach house, prepaying their tax. Why should the Government come In the state of Iowa, 15 percent of kids’ college education, or even retir- in and say, after all these taxes are men and women over the age of 50, ing. paid, ‘‘We want over half of everything which is approximately 340,000 Iowans, Instead, he calculates that the fed- that’s left’’? have osteoporosis. Women are particu- eral government will spend in 26.8 sec- Mr. President, the current estate tax larly prone to getting osteoporosis, onds what took his father-in-law 75 is unfair and it is counterproductive. In which can lead to bone fractures that years to accumulate. the long term, it needs to be repealed. result in loss of independence and even- After I read this letter, I decided to In the short term, it needs to be dra- tually to nursing home care. Early de- do some calculations of my own. In matically changed. tection is critical, and there are effec- 1997, the federal government will col- I am introducing legislation today tive treatments available to prevent lect $19.2 billion in estate taxes from which represents dramatic change in bone mass deterioration. An ounce of 37,200 Americans. The federal govern- the short term and provides a stepping- prevention is worth a pound of cure. ment will spend that $19.2 billion in 4.3 stone to eventual repeal. My bill goes Medicare currently covers bone mass days. Assuming each of those decedents right to the basic problem, which is es- measurement, which is the diagnostic was 70 years old when they died, that tate tax rates. With seventeen mar- tool used to detect osteoporosis. How- ever, Medicare carriers have discretion represents more than 2.6 million years’ ginal tax rate brackets ranging from 18 regarding eligibility requirements. worth of work and savings which will percent to 55 percent, estate tax rates States cover bone mass measurement be wiped-out forever and spent by the are too complex and too high. Under my legislation, taxable estates on a case-by-case basis; some States government in less than five days. Mr. President, some people mistak- cover it when an individual is in the and gifts under $1 million will pay no early stages of or already has the dis- enly believe estate taxes only affect tax, taxable estates and gifts from $1 ease; and some States allow early de- the rich. In the Washington Post this million to $10 million will be taxed at tection of the disease based on whether week, Deputy Treasury Secretary a marginal rate of 20 percent, and tax- or not the patient is at high risk of de- Larry Summers says in response to a able estates and gifts over $10 million veloping osteoporosis. question about the estate tax, ‘‘You will be taxed at a marginal rate of 30 Medicare carriers in states such as have to raise revenue somewhere, and percent. Iowa and Maine promote early detec- ability to pay seems like a good way to Mr. President, this legislation bene- tion of osteoporosis by covering bone do it.’’ fits all taxpayers by simplifying the mass measurement for individuals at- The truth is that there are thousands structure of the estate tax and reduc- risk of the disease. However, carriers in of small businesses and farms through- ing the number of tax brackets from more than half the States do not allow out the country owned and operated by seventeen to three. Further, by in- testing until the person already has middle-income Americans that are af- creasing the basic exemption from the disease or is at very high-risk of fected by the estate tax. In Oklahoma $600,000 to $1 million, it will reduce the getting it. alone, statistics from the U.S. Census number of estates subject to taxation The legislation I am co-sponsoring of Agriculture indicate that over 7,500 by more than 40 percent and greatly re- with Senator SNOWE would help reduce farms and ranches have a value that duce the need for and cost of estate tax the economic and social costs of could trigger estate tax. Even those planning. osteoporosis through early detection of who do not end up paying the tax will The benefits of this legislation are this crippling disease. The bill would spend thousands of dollars planning to also progressive. A taxable estate establish uniform eligibility require- avoid it or insuring against it. worth $1 million will have its tax li- ments for coverage of bone mass meas- What is the ultimate impact of all ability completely eliminated. A tax- urement, eliminating the variation in this uneconomic activity? According to able estate worth $5 million will re- Medicare coverage that currently ex- the Small Business Administration, ceive a 64 percent reduction in tax li- ists. It would not require that every in- only 30 percent of family businesses are ability, and a taxable estate worth $50 dividual be screened for the disease, passed down to a second generation, million will receive a 50 percent reduc- only those that are considered at-risk. and only 13 percent make it to a third tion in tax liability. Medicare is a federal program where generation. Finally, the benefits of this legisla- everyone pays 2.9 percent of their pay. It does not take a lot of success in tion are fair. It does not single-out cer- Therefore, everyone deserves to have business or investing these days to be- tain types of estate assets for pref- access to the same benefits. come a ‘‘taxable estate’’ in the eyes of erential treatment, and thus avoids the I congratulate my colleague, Senator Uncle Sam. With the explosive growth problems of picking winners and losers. SNOWE, for taking the lead on this very in mutual fund investments over the The enactment of estate tax reform important health issue. I urge my col- last several years, and the correspond- this year will not be very easy, Mr. leagues on both sides of the aisle to ing increase in stock prices, workers President, despite broad, bipartisan support this legislation.∑ will retire and discover their pension support in the Senate and the House. S3684 CONGRESSIONAL RECORD — SENATE April 24, 1997 The Clinton administration continues position and rate of tax) is amended to read lightened, liberal upper-middle-income fami- to block estate tax reform with par- as follows: lies in the 1950s. Our fathers extolled our ob- tisan, class-warfare rhetoric. In the ‘‘(c) RATE SCHEDULE.— ligation to pay taxes so that the government Washington Post article I mentioned ‘‘If the amount with re- The tentative tax is: can provide for the less fortunate. Indeed, it spect to which the ten- may have been those principles that dis- earlier about estate tax reform, Deputy tative tax to be com- suaded my father-in-law from engaging in Secretary Summers even said, ‘‘When puted is:. any estate planning. So we had to sign it comes to the estate tax, there is no Not over $10,000,000 ...... 20 percent. Over $10,000,000 ...... $2,000,000 plus 30 percent away—in addition to state inheritance taxes, case other than selfishness.’’ of the excess over deferred income taxes, excise taxes and I find that statement offensive, and I $10,000,000.’’. countless legal and accounting fees incurred wonder if President Clinton agrees (b) INCREASE IN UNIFIED CREDIT.— just so we could compute how much tax we with his lieutenant. Is passing your (1) IN GENERAL.—Section 2010(a) of the In- must pay—the great bulk of my father-in- life’s work on to your children is ‘‘self- ternal Revenue Code of 1986 (relating to uni- law’s estate. ish’’? fied credit against estate tax) is amended by Having had the privilege of holding on to I encourage all my colleagues to read striking ‘‘$192,800’’ and inserting ‘‘$200,000’’. this much money for these past months—as (2) GIFT TAX CREDIT.—Section 2505(a)(1) of the letter I submitted with my state- executors of the estate we are legally obli- such Code (relating to unified credit against gated to accumulate and preserve the assets ment today and ask themselves, ‘‘Is gift tax) is amended by striking ‘‘$192,800’’ for paying taxes—we dreamed of what we our estate tax policy promoting free- and inserting ‘‘$200,000’’. could have done with the funds: buy a beach dom, family, and opportunity, or does (3) CONFORMING AMENDMENTS.— house, prepay our kids’ college education, it just promote the redistribution of (A) Section 2102(c)(3)(A) of such Code is even quit our jobs and retire. Instead, the re- wealth?’’ amended by striking ‘‘$192,800’’ and inserting ality of how fast that money will be spent by Mr. President, I ask unanimous con- ‘‘$200,000’’. the government is hammered home by the (B) Section 6018(a)(1) of such Code is sent that additional material be print- giant billboard tallying government debt at amended by striking ‘‘$600,000’’ and inserting the intersection of Sixth Avenue and 43rd ed in the RECORD. ‘‘$1,000,000’’. Street in New York. I calculate that the fed- There being no objection, the mate- (c) EFFECTIVE DATE.—The amendments eral government will spend in 26.8 seconds rial was ordered to be printed in the made by this section shall apply to the es- what took my father-in-law 75 years to accu- RECORD, as follows: tates of decedents dying, and gifts made, mulate—after the taxes he paid during his S. 650 after the date of the enactment of this Act. lifetime. Not a satisfying thought. Be it enacted by the Senate and House of Rep- We thus propose the following: Rather [From the Wall St. Journal, Apr. 15, 1997] resentatives of the United States of America in than paying my father-in-law’s hard-earned Congress assembled, ELIMINATE THE MIDDLEMAN money to the government, which acts as no SECTION 1. SHORT TITLE. (By Sanford F. Young) more than a greedy and inefficient middle- This Act may be cited as the ‘‘Estate Tax We finally did it. We didn’t want to, but we man between the haves and have-nots, it Reduction Act of 1997’’. had no choice. should simply identify three of the neediest families and let us hand over a half-million SEC. 2. 20 PERCENT RATE OF TAX ON ESTATES Exactly nine months after my father-in- EXCEEDING $1,000,000; 30 PERCENT law died, my wife and I signed a check for dollars or so to each. This way we can know RATE OF TAX ON ESTATES EXCEED- $1,285,000, payable to the Internal Revenue that my father-in-law’s money will make a ING $10,000,000. Service. difference. And at least someone would give (a) IN GENERAL.—Section 2001(c) of the In- Now, you may ask what we are complain- my father-in-law a posthumous thank-you. ternal Revenue Code of 1986 (relating to im- ing about. After all, we were born into en- NICKLES ESTATE TAX PROPOSAL

Current law Proposal Impact Marginal tax Tax before unified Unified Tax after unified Effective tax Marginal tax Tax before unified Unified Tax after unified Effective tax Reduction in tax li- As a % of rate (%) credit credit credit rate rate (%) credit credit credit rate ability current law

Taxable estate: 10,000 18 1,800 192,800 0 0 20 2,000 200,000 0 0 ...... 20,000 20 3,800 192,800 0 0 20 4,000 200,000 0 0 ...... 40,000 22 8,200 192,800 0 0 20 8,000 200,000 0 0 ...... 60,000 24 13,000 192,800 0 0 20 12,000 200,000 0 0 ...... 80,000 26 18,200 192,800 0 0 20 16,000 200,000 0 0 ...... 100,000 28 23,800 192,800 0 0 20 20,000 200,000 0 0 ...... 150,000 30 38,800 192,800 0 0 20 30,000 200,000 0 0 ...... 250,000 32 70,800 192,800 0 0 20 50,000 200,000 0 0 ...... 500,000 34 155,800 193,800 0 0 20 100,000 200,000 0 0 ...... 750,000 37 248,300 192,800 55,500 7 20 150,000 200,000 0 0 (55,500) ¥100 1,000,000 39 345,800 192,800 153,000 15 20 200,000 200,000 0 0 (153,000) ¥100 1,250,000 41 448,300 192,800 255,500 20 20 250,000 200,000 50,000 4 (205,500) ¥80 1,500,000 43 555,800 192,800 363,000 24 20 300,000 200,000 100,000 7 (263,000) ¥72 2,000,000 45 780,800 192,800 588,000 29 20 400,000 200,000 200,000 10 (388,000) ¥66 2,500,000 49 1,025,800 192,800 833,000 33 20 500,000 200,000 300,000 12 (533,000) ¥64 3,000,000 53 1,290,800 192,800 1,098,000 37 20 600,000 200,000 400,000 13 (698,000) ¥64 5,000,000 55 2,390,800 192,800 2,198,000 44 20 1,000,000 200,000 800,000 16 (1,398,000) ¥64 10,000,000 55 5,140,800 192,800 4,948,000 49 20 2,000,000 200,000 1,800,000 18 (3,148,000) ¥64 20,000,000 55 11,000,000 0 11,000,000 55 30 5,000,000 200,000 4,800,000 24 (6,200,000) ¥56 50,000,000 55 27,500,000 0 27,500,000 55 30 14,000,000 200,000 13,800,000 28 (13,700,000) ¥50 100,000,000 55 55,000,000 0 55,000,000 55 30 29,000,000 200,000 28,800,000 29 (26,200,000) ¥48 Replace the current unified transfer tax rate structure with two rates, 20% under $10 million and 30% over $10 million. Increase the unified credit equivalent to $1 million. Staff estimates assume reductions are fully phased-in.

ESTATE TAX REFORM COMPARISION—$1 lion in family business assets, and excludes cludes 50% of the next $8.5 million in family MILLION ESTATE 50% of any remaining family business assets. business assets. The Nickles Plan imposes no tax on estates S. 479 increases the unified credit equiva- S. 2 increases the basic exemption to $1 up to $1 million, taxes estates up to $10 mil- million, excludes 100% of the first $1.5 mil- lent to $1 million, excludes 100% of the first lion at 20%, and taxes estates over $10 mil- $1.5 million in family business assets, and ex- lion at 30%.

Current law S. 2 S. 479 Nickles Plan

ALL FAMILY BUSINESS Family business assets ...... 1,000,000 1,000,000 1,000,000 1,000,000 Other assets ...... 0 0 0 0 Total estate ...... 1,000,000 1,000,000 1,000,000 1,000,000 Family business exclusion ...... (1) (1,000,000) (1,000,000) (1) Taxable estate ...... 1,000,000 0 0 1,000,000 Tax before unified credit ...... 345,800 0 0 200,000 Unified credit ...... 192,800 345,800 345,800 200,000 Tax after UC ...... 153,000 0 0 0 Effective tax rate (percent) ...... 15 0 0 0 April 24, 1997 CONGRESSIONAL RECORD — SENATE S3685

Current law S. 2 S. 479 Nickles Plan

NO FAMILY BUSINESS Family business assets ...... 0 0 0 0 Other assets ...... 1,000,000 1,000,000 1,000,000 1,000,000 Total estate ...... 1,000,000 1,000,000 1,000,000 1,000,000 Family business exclusion ...... (1) 0 0 (1) Taxable estate ...... 1,000,000 1,000,000 1,000,000 1,000,000 Tax before unified credit ...... 345,800 345,800 345,800 200,000 Unified credit ...... 192,800 345,800 345,800 200,000 Tax after UC ...... 153,000 0 0 0 Effective tax rate (percent) ...... 15 0 0 0

SPLIT Family business assets ...... 500,000 500,000 500,000 500,000 Other assets ...... 500,000 500,000 500,000 500,000 Total estate ...... 1,000,000 1,000,000 1,000,000 1,000 000 Family business exclusion ...... (1) (500,000) (500,000) (1) Taxable estate ...... 1,000,000 500,000 500,000 1,000,000 Tax before unified credit ...... 345,800 155,800 155,800 200,000 Unified credit ...... 192,800 345,800 345,800 200,000 Tax after UC ...... 153,000 0 0 0 Effective tax rate (percent) ...... 15 0 0 0 1 Not applicable. Note.—For simplicity, the current law phase-out of the unified credit and marginal rate benefits for estates between $10,000,000 and $21,040,000 is not computed in these examples.

ESTATE TAX REFORM COMPARISON—$5 lion in family business assets, and excludes cludes 50% of the next $8.5 million in family MILLION ESTATE 50% of any remaining family business assets. business assets. The Nickles Plan imposes no tax on estates S. 479 increases the unified credit equiva- S. 2 increases the basic exemption to $1 up to $1 million, taxes estates up to $10 mil- million, excludes 100% of the first $1.5 mil- lent to $1 million, excludes 100% of the first lion at 20%, and taxes estates over $10 mil- $1.5 million in family business assets, and ex- lion at 30%.

Current law S. 2 S. 479 Nickles Plan

ALL FAMILY BUSINESS Family business assets ...... 5,000,000 5,000,000 5,000,000 5,000,000 Other assets ...... 0 0 0 0 Total estate ...... 5,000,000 5,000,000 5,000,000 5,000,000 Family business exclusion ...... (1) (3,250,000) (3,250,000) (1) Taxable estate ...... 5,000,000 1,750,000 1,750,000 5,000,000 Tax before unified credit ...... 2,398,000 668,300 668,300 1,000,000 Unified credit ...... 192,800 345,800 345,800 200,000 Tax after UC ...... 2,205,200 322,500 322,500 800,000 Effective tax rate (percent) ...... 44 6 6 16

NO FAMILY BUSINESS Family business assets ...... 0 0 0 0 Other assets ...... 5,000,000 5,000,000 5,000,000 5,000,000 Total estate ...... 5,000,000 5,000,000 5,000,000 5,000,000 Family business exclusion ...... (1) 0 0 (1) Taxable estate ...... 5,000,000 5,000,000 5,000,000 5,000,000 Tax before unified credit ...... 2,398,000 2,398,000 2,398,000 1,000,000 Unified credit ...... 192,800 345,800 345,800 200,000 Tax after UC ...... 2,205,200 2,052,200 2,052,200 800,000 Effective tax rate (percent) ...... 44 41 41 16

SPLIT Family business assets ...... 2,500,000 2,500,000 2,500,000 2,500,000 Other assets ...... 2,500,000 2,500,000 2,500,000 2,500,000 Total estate ...... 5,000,000 5,000,000 5,000,000 5,000,000 Family business exclusion ...... (1) (2,000,000) (2,000,000) (1) Taxable estate ...... 5,000,000 3,000,000 3,000,000 5,000,000 Tax before unified credit ...... 2,398,000 1,298,000 1,298,000 1,000,000 Unified credit ...... 192,800 345,800 345,800 200,000 Tax after UC ...... 2,205,200 952,200 952,200 800,000 Effective tax rate (percent) ...... 44 19 19 16 1 Not applicable. Note.—For simplicity, the current law phase-out of the unified credit and marginal rate benefits for estates between $10,000,000 and $21,040,000 is not computed in these examples.

ESTATE TAX REFORM COMPARISON—$50 lion in family business assets, and excludes cludes 50% of the next $8.5 million in family MILLION ESTATE 50% of any remaining family business assets. business assets. The Nickles Plan imposes no tax on estates S. 479 increases the unified credit equiva- S. 2 increases the basic exemption to $1 up to $1 million, taxes estates up to $10 mil- million, excludes 100% of the first $1.5 mil- lent to $1 million, excludes 100% of the first lion at 20%, and taxes estates over $10 mil- $1.5 million in family business assets, and ex- lion at 30%.

Current law S. 2 S. 479 Nickles Plan

ALL FAMILY BUSINESS Family business assets ...... 50,000,000 50,000,000 50,000,000 50,000,000 Other assets ...... 0 0 0 0 Total estate ...... 50,000,000 50,000,000 50,000,000 50,000,000 Family business exclusion ...... (1) (25,750,000) (5,750,000) (1) Taxable estate ...... 50,000,000 24,250,000 44,250,000 50,000,000 Tax before unified credit ...... 27,148,000 12,985,500 23,985,500 14,000,000 Unified credit ...... 192,800 345,800 345,800 200,000 Tax after UC ...... 26,955,200 12,639,700 23,639,700 13,800,000 Effective tax rate (percent) ...... 54 25 47 28

NO FAMILY BUSINESS Family business assets ...... 0 0 0 0 Other assets ...... 50,000,000 50,000,000 50,000,000 50,000,000 Total estate ...... 50,000,000 50,000,000 50,000,000 50,000,000 Family business exclusion ...... (1) 0 0 (1) Taxable estate ...... 50,000,000 50,000,000 50,000,000 50,000,000 Tax before unified credit ...... 27,148,000 27,148,000 27,148,000 14,000,000 S3686 CONGRESSIONAL RECORD — SENATE April 24, 1997

Current law S. 2 S. 479 Nickles Plan

Unified credit ...... 192,800 345,800 345,800 200,000 Tax after UC ...... 26,955,200 26,802,200 26,802,200 13,800,000 Effective tax rate (percent) ...... 54 54 54 28

SPLIT Family business assets ...... 25,000,000 25,000,000 25,000,000 25,000,000 Other assets ...... 25,000,000 25,000,000 25,000,000 25,000,000 Total estate ...... 50,000,000 50,000,000 50,000,000 50,000,000 Family business exclusion ...... (1) (13,250,000) (5,750,000) (1) Taxable estate ...... 50,000,000 36,750,000 44,250,000 50,000,000 Tax before unified credit ...... 27,148,000 19,860,500 23,985,500 14,000,000 Unified credit ...... 192,800 345,800 345,800 200,000 Tax after UC ...... 26,955,200 19,514,700 23,639,700 13,800,000 Effective tax rate (percent) ...... 54 39 47 28 1 Not applicable. Note.—For simplicity, the current law phase-out of the unified credit and marginal rate benefits for estates between $10,000,000 and $21,040,000 is not computed in these examples.

By Mr. ALLARD: dent could indicate items in the budget has the explicit authority to line item Senate Joint Resolution 28. A joint that he wanted to rescind, but he was veto provisions in a bill as part of the resolution proposing an amendment to required to obtain the support of both actual bill-signing process. the Constitution of the United States Houses of Congress in order for the re- I believe it is time that we take the granting the President the authority scission to actually be enacted. The approach of the states. In order to do to exercise an item veto of individual budget history of the past two decades this we must enact a Constitutional appropriations in an appropriations demonstrates better than I could why Amendment. Under article I, section 7 bill; to the Committee on the Judici- this is akin to the fox guarding the of the Constitution, the President’s ary. henhouse. veto authority has been interpreted to THE LINE-ITEM VETO CONSTITUTIONAL The Line-Item Veto Act reversed this mean that he must sign or veto an en- AMENDMENT burden and required the Congress to tire piece of legislation—he cannot ∑ Mr. ALLARD. Mr. President, today I disapprove any rescissions identified by pick and choose. am pleased to introduce a line-item the President within 30 days. If this This language reads: ‘‘Every Bill veto constitutional amendment. deadline was not met, then the item which shall have passed the House of This action is particularly timely in was eliminated. Representatives and the Senate, shall, light of the decision by a Federal dis- This new authority permitted three before it becomes a Law, be presented trict court judge which declared the re- types of rescissions. First, discre- to the President of the United States; tionary appropriations could be recently enacted statutory line-item If he approve he shall sign it, but if not scinded. Discretionary spending is he shall return it, with his Objections veto, or more accurately, enhanced re- about one-third of the budget and is to that House in which it shall have scission authority, to be unconstitu- where most of what is considered pork originated, . . .’’ this section then pro- tional. barrel spending occurs. ceeds to outline the procedures by This judge’s decision may be over- Second, the law permitted the rescis- which Congress may override this veto turned, or Congress may be able to sion of any new item of entitlement with a two-thirds vote of both houses. modify the language in a way that sat- spending. While currently existing en- The amendment that I am introduc- isfies the courts. Baring either of titlements would be exempt, any new ing today amends this language as it these, a line-item veto can only be pro- item could be stricken—entitlements pertains to appropriations bills. It spe- vided by amending the Constitution. constitute the remaining two-thirds of cifically provides that the President Fortunately, Congress provided for the budget and is certainly the fastest shall have the power to disapprove any expedited judicial review of the con- growing portion of the budget. appropriation of an appropriations bill stitutionality of the 1996 Line Item Finally, certain limited tax benefits at the time the President approves the Veto legislation, and the Supreme could be rescinded. These limited tax bill. Court has agreed to hear arguments in provisions were generally defined as This change will make explicit that the case next month, and to render a provisions that provided a federal tax the President is no longer confined to decision by July. deduction, credit, exclusion, or pref- either vetoing or signing an entire bill, Prior to my election to the Senate I erence to 100 or fewer beneficiaries. but that he may choose to single out served in the House of Representatives. The judge who ruled the line item certain appropriations for veto and In that body I introduced a constitu- veto statute unconstitutional focused still sign a portion of the bill. tional line-item veto on several occa- on the fact that the cancellation or re- I noted earlier that 43 state gov- sions. This was motivated by my view scission authority under the statue ex- ernors have some type of line item that the greatest threat to our econ- ists only after the President signs a veto. This is consistent with the ap- omy is the continued deficits which bill. He has up to 5 days after signature proach taken in most state constitu- Congress piles on top of the accumu- to identify these rescissions. The judge tions of providing a greater level of de- lated $5.3 trillion national debt. concluded that this was an unconstitu- tail concerning the budget process than Obviously, the budget system that we tional delegation of Congressional is contained in the U.S. Constitution. have in place is not working. We need power. In my view, the line item veto has been a balanced budget amendment and a I find this reasoning puzzling since an important factor in the more re- line-item veto. the statute was crafted in a manner sponsible budgeting that occurs at the Last year, Congress gave the Presi- that Congress believed to be consistent state level. dent what is generally referred to as with past Supreme Court decisions con- Colorado is one of the states that expanded rescission authority. The Re- cerning Congressional delegation of au- gives line item veto authority to the publican Congress committed to give thority. The statute also provides near- governor. That power, along with a bal- this authority to whoever was elected ly identical authority to the impound- anced budget requirement in the state President in 1996, Democrat or Repub- ment authority held by all Presidents constitution, has worked well and in- lican. It was immaterial to us, our ob- from George Washington up through sured that Colorado has been governed jective was to provide a bi-partisan 1974 when Congress voted to deny this in a fiscally responsible manner re- tool to help eliminate wasteful spend- authority to future presidents. gardless of who served in the legisla- ing beginning on January 1, 1997. Obviously, we will hear the final ture or in the governor’s office. Last year’s legislation was an expan- word on this in July. One thing how- Mr. President, I look forward to fur- sion of the very limited rescission au- ever, is certain. The authority given to ther discussion on this important thority granted to the President in 1974 the President last year was different issue. I realize that the Supreme Court under the Impoundment Control Act. from that authority held by 43 state may overturn the lower court decision Under that earlier statute, the Presi- governors. In the states the governor and declare the line item veto statute April 24, 1997 CONGRESSIONAL RECORD — SENATE S3687 constitutional. However, in my mind, S. 413 lina [Mr. HOLLINGS], and the Senator this is no substitute for moving ahead At the request of Mrs. HUTCHISON, the from Kentucky [Mr. MCCONNELL) were on a constitutional amendment. It is name of the Senator from North Caro- added as cosponsors of S. 570, a bill to time to eliminate the uncertainly, and lina [Mr. FAIRCLOTH] was added as a co- amend the Internal Revenue Code of provide for explicit line item veto au- sponsor of S. 413, a bill to amend the 1986 to exempt certain small businesses thority for the President.∑ Food Stamp Act of 1977 to require from the mandatory electronic fund f States to verify that prisoners are not transfer system. receiving food stamps. S. 572 ADDITIONAL COSPONSORS S. 415 At the request of Mr. ALLARD, the S. 9 At the request of Mr. BAUCUS, the names of the Senator from Nebraska At the request of Mr. NICKLES, the name of the Senator from Montana [Mr. HAGEL], the Senator from Wyo- name of the Senator from Tennessee [Mr. BURNS] was added as a cosponsor ming [Mr. ENZI], and the Senator from [Mr. FRIST] was added as a cosponsor of of S. 415, a bill to amend the medicare Alabama [Mr. SESSIONS] were added as S. 9, a bill to protect individuals from program under title XVIII of the Social cosponsors of S. 572, a bill to amend the having their money involuntarily col- Security Act to improve rural health Internal Revenue Code of 1986 to repeal lected and used for politics by a cor- services, and for other purposes. restrictions on taxpayers having medi- poration or labor organization. S. 436 cal savings accounts. S. 28 At the request of Mr. ROTH, the name S. 606 At the request of Mr. THURMOND, the of the Senator from New York [Mr. At the request of Mr. HUTCHINSON, name of the Senator from Montana D’AMATO] was added as a cosponsor of the name of the Senator from Oregon [Mr. BURNS] was added as a cosponsor S. 436, a bill to amend the Internal [Mr. SMITH] was added as a cosponsor of S. 28, a bill to amend title 17, United Revenue Code of 1986 to provide for the of S. 606, a bill to prohibit discrimina- States Code, with respect to certain ex- establishment of an intercity passenger tion in contracting on federally funded emptions from copyright, and for other rail trust fund, and for other purposes. projects on the basis of certain labor purposes. S. 476 policies of potential contractors. S. 89 At the request of Mr. HATCH, the f At the request of Ms. SNOWE, the name of the Senator from South Caro- lina [Mr. THURMOND] was added as a co- SENATE CONCURRENT RESOLU- name of the Senator from Illinois [Ms. TION 23—HONORING THE LIFE- MOSELEY-BRAUN] was added as a cosponsor of S. 476, a bill to provide for the establishment of not less than 2,500 TIME ACHIEVEMENTS OF JACKIE sponsor of S. 89, a bill to prohibit dis- ROBINSON crimination against individuals and Boys and Girls Clubs of America facili- their family members on the basis of ties by the year 2000. Mr. MCCAIN submitted the following genetic information, or a request for S. 562 concurrent resolution; which was re- genetic services. At the request of Mr. D’AMATO, the ferred to the Committee on Commerce, names of the Senator from Nevada [Mr. Science, and Transportation. S. 222 REID], the Senator from Montana [Mr. S. CON. RES. 23 At the request of Mr. DOMENICI, the name of the Senator from Colorado BURNS), and the Senator from Min- Whereas Jackie Robinson was the first four nesota [Mr. GRAMS] were added as co- sport letterman at the University of Califor- [Mr. CAMPBELL] was added as a cospon- sponsors of S. 562, a bill to amend sec- nia at Los Angeles; sor of S. 222, a bill to establish an advi- tion 255 of the National Housing Act to Whereas on April 15, 1947, Jackie Robinson sory commission to provide advice and prevent the funding of unnecessary or was the first African-American to cross the recommendations on the creation of an color barrier and play for a major league excessive costs for obtaining a home integrated, coordinated Federal policy baseball team; equity conversion mortgage. designed to prepare for and respond to Whereas Jackie Robinson, whose career serious drought emergencies. S. 563 began in the Negro Leagues, went on to be At the request of Mr. SANTORUM, the named Rookie of the Year and subsequently S. 263 name of the Senator from Arkansas led the Brooklyn Dodgers to six National At the request of Mr. MCCONNELL, [Mr. HUTCHINSON] was added as a co- League pennants and a World Series cham- the name of the Senator from Penn- sponsor of S. 563, a bill to limit the pionship; sylvania [Mr. SANTORUM] was added as Whereas Jackie Robinson’s inspiring ca- civil liability of business entities that reer earned him recognition as the first Afri- a cosponsor of S. 263, a bill to prohibit donate equipment to nonprofit organi- the import, export, sale, purchase, pos- can-American to win a batting title, lead the zations. league in stolen bases, play in an All-Star session, transportation, acquisition, S. 564 game, win a Most Valuable Player award, and receipt of bear viscera or products At the request of Mr. SANTORUM, the play in the World Series and be elected to that contain or claim to contain bear name of the Senator from Arkansas baseball’s Hall of Fame; viscera, and for other purposes. Whereas after retiring from baseball Jack- [Mr. HUTCHINSON] was added as a co- S. 311 ie Robinson was active in the civil rights sponsor of S. 564, a bill to limit the movement and founded the first bank owned At the request of Mr. GRAHAM, the civil liability of business entities pro- by African-Americans in New York City; name of the Senator from South Caro- viding use of facilities to nonprofit or- Whereas his legacy continues to uplift the lina [Mr. HOLLINGS] was added as a co- ganizations. Nation through the Jackie Robinson Foun- sponsor of S. 311, a bill to amend title S. 565 dation that has provided 425 scholarships to XVIII of the Social Security Act to im- At the request of Mr. SANTORUM, the needy students; Whereas Jackie Robinson’s courage, dig- prove preventive benefits under the name of the Senator from Arkansas medicare program. nity, and example taught the Nation that [Mr. HUTCHINSON] was added as a co- what matters most is not the color of a S. 317 sponsor of S. 565, a bill to limit the man’s skin but rather the content of his At the request of Mr. CRAIG, the civil liability of business entities that character; name of the Senator from Kansas [Mr. make available to a nonprofit organi- Whereas Jackie Robinson, in his career, ROBERTS] was added as a cosponsor of zation the use of a motor vehicle or consistently demonstrated that how you S. 317, a bill to reauthorize and amend aircraft. play the game is more important than the the National Geologic Mapping Act of final score; S. 566 Whereas Jackie Robinson’s life and herit- 1992. At the request of Mr. SANTORUM, the age help make the American dream more ac- S. 347 name of the Senator from Arkansas cessible to all; and At the request of Mr. CLELAND, the [Mr. HUTCHINSON] was added as a co- Whereas April 15, 1997, marks the 50th an- name of the Senator from Tennessee sponsor of S. 566, a bill to limit the niversary of Jackie Robinson’s entrance into [Mr. FRIST] was added as a cosponsor of civil liability of business entities that major league baseball: Now, therefore, be it S. 347, a bill to designate the Federal provide facility tours. Resolved by the Senate (the House of Rep- resentatives concurring), building located at 100 Alabama Street S. 570 That the achievements and contributions NW, in Altanta, Georgia, as the ‘‘Sam At the request of Mr. NICKLES, the of Jackie Robinson be honored and cele- Nunn Federal Center’’. names of the Senator from South Caro- brated; that his dedication and sacrifice be S3688 CONGRESSIONAL RECORD — SENATE April 24, 1997 recognized; and that his contributions to Af- was on. It is fitting for the Congress of my home town of Billings, MT. How- rican-Americans and to the Nation be re- the United States to honor and cele- ever, instead of ignoring these events, I membered. brate the achievements and contribu- am proud to say that the community Mr. MCCAIN. Mr. President, today I tions of Jackie Robinson; that his dedi- united and worked together to ban submit a Senate concurrent resolution cation and sacrifice be recognized; and these acts of hatred. We are hoping honoring the lifetime achievements of that his contributions to African- that the American people will learn Jackie Robinson. I urge its immediate Americans and to the Nation be re- from Montanans that racism and hate consideration. membered. crimes can be done away with if we After an already distinguished career f work together. in the Negro League, Jackie Robinson According to the United States De- became the first African-American to SENATE RESOLUTION 78—NA- partment of Justice, there are almost play major league professional baseball TIONAL ERASE THE HATE AND 8,000 racially and biased crimes each and one of the best individuals ever to ELIMINATE RACISM DAY year—and unfortunately, this number play the game. Just over 50 years ago, Mr. BURNS (for himself, Mr. BAUCUS, is rising. Due to this disappointing Mr. Robinson animated for the entire Ms. COLLINS, Mr. KEMPTHORNE, Mr. fact, my colleagues and I have deter- country the simple premise on which FAIRCLOTH, Mr. BINGAMAN, Mr. DEWINE, mined that a day should be set aside to our Nation was founded—that all men Mr. HATCH, Mr. GRASSLEY, Mr. WAR- bring groups together that will work to are created equal; that they are en- NER, Mr. CLELAND, Mr. GORTON, Mr. begin to heal our Nation from the sins dowed by their creator with certain ABRAHAM, Ms. LANDRIEU, Mr. REID, Mr. of our past and present. unalienable rights; that among these LIEBERMAN, Mr. DODD, Mr. MURKOWSKI, This day would serve as a day for are life, liberty, and the pursuit of hap- Mr. D’AMATO, Mr. KENNEDY, Mr. people in the United States, and piness. Given that this animation oc- KERREY, Mr. LEVIN, Mr. GRAMM, Mr. throughout the world, to recognize the curred more than a decade and a half KERRY, Mr. LUGAR, and Mr. MOYNIHAN) importance of using every day as an before Martin Luther King reminded us submitted the following resolution; opportunity to take a stand against that man should be judged not by the which was referred to the Committee hate crimes and violence in their color of his skin but by the content of on the Judiciary: neighborhoods, communities, states his character, Mr. Robinson’s accom- S. RES. 78 and nations. plishments were truly great. Through this legislation, we hope to As his biographers have noted, Jack- Whereas the term ‘‘hate crime’’ means an offense in which one or more individuals, reinforce in the American people that ie Robinson began playing major commits an offense (such as an assault or our diversity is something to be proud league baseball 7 years before the his- battery (simple or aggrevated), theft, crimi- of. A new understanding of our dif- toric Brown versus Board of Education nal trespass, damage to property, mob ac- ferences would help bring forth a new Supreme Court ruling, 18 years before tion, disorderly conduct, or telephone har- respect for each other, and this resolu- voter registration drives in Selma, Ala- assment) by reason of the race, color, creed, tion should serve as the vehicle to edu- bama. And 18 years before passage of religion, ancestry, gender, sexual orienta- cate Americans and promote unity the Voter Rights Act of 1965. tion, physical or mental disability, or na- throughout our communities and At a time when African Americans tional origin of another individual or group of individuals; States. were still being forced to walk to the Whereas there are almost 8,000 hate crimes Now, I realize that passage of this back of the bus, Jackie Robinson was reported to the Department of Justice each measure will not immediately oblit- walking up to the plate and receiving year, and the number of hate crimes reported erate racism from our country. But it cheers of Americans from all walks of increases each year; is our responsibility, as Members of life. But for the cheers given the efforts Whereas hate crimes have no place in a this distinguished, elected, body to set of Jackie Robinson, I doubt we would civilized society that is dedicated to freedom an example for the American people by have heard the cheers given to Arthur and independence, as is the United States; speaking up for what is right and en- Ashe, Michael Jordon, and Tiger Whereas the people of the United States couraging others to do so. must lead and set the example for the world Woods. in protecting the rights of all people; I would like to offer a special thanks While Jackie Robinson is best known Whereas the people of the United States to the YWCA and the Anti-Defamation for being the first African-American to should take personal responsibility for and League for their assistance in garner- play major league baseball, his entire action against hatred and hate crimes; ing support for this measure. Their life was full of achievements. These are Whereas the Members of Congress, as rep- continued service to the American peo- all detailed in this resolution. resentatives of the people of the United ple in supporting diversity serves as a Jackie Robinson was the first four States, must take personal responsibility for means to open the doors between diver- sport letterman at the University of and action against hatred and hate crimes; gent groups. They should be acknowl- California at Los Angeles. Whereas the laws against hate crimes, which have been passed by Congress and edged and praised by all. Jackie Robinson was named Rookie signed by the President, must be supported We welcome each of our colleagues to of the Year and subsequently led the and implemented by the people of the United join with us to work to eradicate the Brooklyn Dodgers to six National States and by Federal, State, and local law forces that divide us. Finally, I hope League pennants and a World Series enforcement officials and other public serv- that by April 30, the American people championship. ants: Now, therefore, be it are made aware of our thoughts and Jackie Robinson’s career earned him Resolved, That the Senate— that we will work for justice for all. recognition as the first African-Amer- (1) designates April 30, 1997, as ‘‘National Mr. BAUCUS. Mr. President, I rise ican to win a batting title, lead the Erase the Hate and Eliminate Racism Day’’; today to submit a resolution which will and league in stolen bases, play in an All- (2) requests that the President issues a designate this April 30 as a National Star game, win a Most Valuable Player proclamation calling upon the people of the Day to Erase the Hate and Eliminate Award, play in the World Series and be United States and throughout the world to Racism. elected to baseball’s Hall of Fame. recognize the importance of using each day In the last couple of years, we Mon- Beyond his accomplishments in base- as an opportunity to take a stand against tanans have seen our state come under ball, Jackie Robinson was active in the hate crimes and violence in their nations, the microscope of considerable media civil rights movement and founded the states, neighborhoods, and communities. scrutiny. We’ve had the arrest of the first bank owned by African-Americans Mr. BURNS. Mr. President, I rise alleged ‘‘Unabomber,’’ the standoff be- in New York city. today, along with Senator BAUCUS and tween the FBI and the so-called Jackie Robinson’s legacy continues 23 of our fellow colleagues, to submit a Freemen outside Jordan, and a series to uplift the Nation through the Jackie resolution to designate April 30 as ‘‘Na- of hate crimes in some of our cities. Robinson Foundation that has provided tional Erase the Hate and Eliminate And it’s appropriate for the press to 425 scholarships to needy students. Racism Day.’’ We are submitting this take a look at these things, while rec- It is difficult to list the many heights measure because, as you may know, a ognizing that many of these incidents obtained by Jackie Robinson. He was few years ago a series of anti-semitic are repeated on a larger scale through- as successful off the playing field as he and racially biased crimes occurred in out the rest of the country. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3689 What has frustrated me, and many might catch fire, in Montana and all On page 47, line 19, insert ‘‘the ratification other Montanans, however, is the lack across the country. of’’ after ‘‘to’’. On page 49, line 5, move the margin of ‘‘(i)’’ of attention to the vast majority of f 2 ems to the right. Montanans—the people who are willing AMENDMENTS SUBMITTED On page 49, line 11, move the margin of to stand up to bigots and hate groups. ‘‘(ii)’’ 2 ems to the right. For example, take what happened in On page 49, line 16, move the margin of Billings, Montana, a few years ago. ‘‘(iii)’’ 2 ems to the right. CHEMICAL WEAPONS CONVENTION People in Billings enjoy a high qual- On page 52, line 9, insert a comma after RATIFICATION RESOLUTION ity of life that only Montana can pro- ‘‘(D)’’. On page 53, line 21, strike the comma. vide. It is the largest city in Montana, On page 55, line 4, insert ‘‘a schedule of’’ but it still has the feel of a small town. BIDEN AMENDMENTS NOS. 47–51 after ‘‘to’’. Folks say hello to strangers in the On page 57, line 1, strike ‘‘the’’ the first street. Families go to the symphony in Mr. BIDEN proposed five amend- place it appears and insert ‘‘to’’. Pioneer Park in the summer. And ments to the executive resolution (S. On page 59, line 15, strike the comma. neighbors go out of their way to help Res. 75) to advise and consent to the On page 61, line 11, strike ‘‘on an involun- someone when they need a hand. ratification of the Chemical Weapons tary basis’’. Convention, subject to certain condi- On page 61, line 12, insert ‘‘where consent That placid life was shattered in No- has been withheld,’’ after ‘‘States,’’. vember 1993, when a group of tions; as follows: On page 8, line 8, insert ‘‘, if accepted,’’ ‘‘skinheads’’ threw a bottle through AMENDMENT NO. 47 after ‘‘provision’’. the glass door of the home of a Jewish On page 63, strike lines 8 through 20. On page 25, line 19, insert ‘‘on Intelligence’’ family. A few days later they put a after ‘‘tee’’. On page 27, line 7, strike ‘‘is’’ and insert brick through the window of another AMENDMENT NO. 48 ‘‘are’’. Jewish family’s home—with a five- Beginning on page 61, strike line 21 and all On page 27, line 22, insert ‘‘on Intelligence’’ year-old boy in the room. Then they that follows through line 7 of page 63. after ‘‘Committee’’. smashed the windows of a Catholic On page 57, line 15, strike ‘‘Ruanda’’ and high school that had a ‘‘Happy Hanuk- AMENDMENT NO. 49 insert ‘‘Rwanda’’. kah’’ sign on its marquee. Beginning on page 65, strike line 25 and all f The people of Billings were horrified. that follows through line 3 of page 67. NOTICE OF HEARINGS But they did not sit at home and try to ignore the problem. They did not let AMENDMENT NO. 50 COMMITTEE ON INDIAN AFFAIRS the hatred take root. The community Beginning on page 63, strike line 21 and all Mr. CAMPBELL. Mr. President, I banded together. that follows through line 4 of page 65. would like to announce that the Senate Thousands of homes put Menorahs in Committee on Indian Affairs will meet their windows. They showed the AMENDMENT NO. 51 on Tuesday, April 29, 1997 at 9:30 a.m. skinheads that the people of Billings On page 65, strike lines 5 through 24. in Room 485, Russell Senate Building were united against hate. And that to mark-up S. 459, a bill to amend the year, Billings held the largest Martin HELMS AMENDMENT NO. 52 Native American Programs Act of 1974. Luther King Day march ever in Mon- Mr. HELMS proposed an amendment An Oversight Hearing on P.L. 102–575, tana. to the executive resolution, Senate the San Carlos Water Rights Settle- And all over Montana, we see more of Resolution 75, supra; as follows: ment Act of 1992 will immediately follow the Business Meeting. the same. Whether it is a county attor- On page 2, line 18, strike ‘‘payments’’ and ney who stands up to militia groups in insert ‘‘any payment’’. Those wishing additional information Jordan. Or the unsung people who work On page 6, line 3, strike ‘‘the head of’’. should contact the Committee on In- in their communities, such as Helena, On page 8, line 2, insert ‘‘or such other or- dian Affairs at 224–2251. to stamp out racism and hatred ganization, as the case may be,’’ after COMMITTEE ON ENERGY AND NATURAL through the Montana Human Rights ‘‘nization’’. RESOURCES Network. These are all stories that On page 8, line 10, insert ‘‘or the affiliated Mr. MURKOWSKI. Mr. President, I need to be told. organization’’ after ‘‘tion’’. would like to announce that the over- On page 9, line 11, insert ‘‘or the affiliated sight hearing to receive testimony Recently, the USA Network aired a organization’’ after ‘‘Organization’’. movie called ‘‘Not In This Town,’’ On page 9, line 17, insert ‘‘or the affiliated from the General Accounting Office on which told the story of these events to organization’’ after ‘‘Organization’’. their evaluation of the development of the country. I commend the network On page 13, line 21, insert ‘‘, and any offi- the Draft Tongass Land Management for bringing this story to the world be- cial or employee thereof’’ after ‘‘it’’. Plan scheduled for Tuesday, April 29, cause it sends two powerful messages. On page 14, line 5, insert ‘‘, and any official 1997 before the Committee on Energy First of all, Montana is no home for or employee thereof’’ after ‘‘functions’’. and Natural Resources will now begin bullies and hate-mongers. And second, On page 15, lines 6 and 7, strike ‘‘to United at 10:00 a.m. instead 9:30 a.m. as pre- States ratification’’ and insert ‘‘affecting the viously scheduled. wherever you live, violence and bigotry object and purpose’’. do not have to be accepted in your On page 18, line 2, insert ‘‘support for’’ COMMITTEE ON ENERGY AND NATURAL community. after ‘‘resolution of’’. RESOURCES That is why today I am submitting, On page 20, line 12, strike ‘‘citizens,’’ and Mr. MURKOWSKI. Mr. President, I with my colleague from Montana, Sen- insert ‘‘citizens and’’. would like to announce for the infor- ator BURNS, and many others from On page 23, line 18, strike ‘‘obligation’’ and mation of the Senate and the public across America, a bill which will des- insert ‘‘obligations’’. that a hearing has been scheduled be- ignate April 30, 1997, as a National Day On page 25, line 19, strike the comma. fore the full Committee on Energy and to Erase the Hate and Eliminate Rac- On page 32, line 13, insert ‘‘of Representa- Natural Resources to consider the tives’’ after ‘‘House’’. ism. On page 32, lines 19 and 20, strike ‘‘Foreign nomination of Elizabeth Anne Moler to I know a simple bill like this one will Military Sales, Foreign Military Financing,’’ be Deputy Secretary of Energy. not end the problems we still have. A and insert ‘‘Foreign Military Sales and For- The hearing will take place Tuesday, piece of paper alone cannot teach a eign Military Financing under the Arms Ex- May 6, 1997 at 9:30 a.m. in Room SD–366 child that hate is wrong. port Control Act’’. of the Dirksen Senate Office Building But I do believe a piece of paper can On page 34, line 1, strike ‘‘Committee’’ and in Washington, D.C. make people think. It can make people insert ‘‘Committees’’. For further information, please call talk about hate crimes. And it can On page 34, line 3, insert ‘‘the’’ after ‘‘and’’. Camille Heninger Flint at (202) 224– On page 37, line 11, insert a comma imme- 5070. light a spark in people’s hearts and diately after ‘‘games’’. minds. On page 40, line 9, strike ‘‘of’’ and insert COMMITTEE ON ENERGY AND NATURAL And if we continue to look at the ‘‘for’’. RESOURCES good, courageous, decent things our On page 41, line 16, insert ‘‘of the Conven- Mr. CRAIG. Mr. President, I would neighbors are doing, that spark just tion’’ after ‘‘ratification’’. like to announce for the public that an S3690 CONGRESSIONAL RECORD — SENATE April 24, 1997 oversight hearing has been scheduled COMMITTEE ON GOVERNMENTAL AFFAIRS The PRESIDING OFFICER. Without jointly before the Subcommittee on Mr. HELMS. Mr. President, I ask objection, it is so ordered. Forests and Public Land Management unanimous consent on behalf of the SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND of the Senate Committee on Energy Governmental Affairs Committee to SPACE and Natural Resources and the Sub- meet on Thursday, April 24, 1997, at Mr. HELMS. Mr. President, I ask committee on Forests and Forest 12:30 p.m. for a hearing on opportuni- unanimous consent that the Science, Health of the House Committee on Re- ties for management reforms at the Technology and Space Subcommittee sources. National Oceanic Atmospheric Admin- of the Senate Committee on Com- The hearing will take place Thurs- istration. merce, Science, and Transportation be day, May 15, 1997 at 2:00 p.m. in room The PRESIDING OFFICER. Without authorized to meet on April 24, 1997, at SD–366 of the Dirksen Senate Office objection, it is so ordered. 2 p.m. on reauthorization of the FY98 Building in Washington, D.C. COMMITTEE ON LABOR AND HUMAN RESOURCES NASA budget. The purpose of this hearing is to re- Mr. HELMS. Mr. President, I ask The PRESIDING OFFICER. Without ceive testimony on the release of the unanimous consent that the Commit- objection, it is so ordered. Columbia River Basin Environmental tee on Labor and Human Resources be f Impact Statement. authorized to meet for a hearing on ADDITIONAL STATEMENTS Those who wish to submit written Overview of Vocational Education, dur- statements should write to the Com- ing the session of the Senate on Thurs- mittee on Energy and Natural Re- day, April 24, 1997, at 10 a.m. MEDICARE sources, U.S. Senate, Washington, D.C. The PRESIDING OFFICER. Without ∑ Mr. FRIST. Mr. President, in 1995, 20510. For further information, please objection, it is so ordered. my first year in the U.S. Senate, the call Judy Brown or Mark Rey at (202) COMMITTEE ON RULES AND ADMINISTRATION Medicare Trustees told Congress that 224–6170. Mr. HELMS. Mr. President, I ask unless it took ‘‘prompt effective, and f unanimous consent that the Commit- decisive action * * * Medicare will be NOTICE OF WORKSHOP tee on Rules and Administration be au- dead in seven years.’’ thorized to meet during the session of Two years later, another Trustees’ SUBCOMMITTEE ON FORESTS AND PUBLIC LAND the Senate on Thursday, April 24, 1997, report has been delivered to Congress MANAGEMENT beginning at 9:30 a.m. until business is and we are even worse off. We still face Mr. CRAIG. Mr. President, I would completed, to hold a hearing to con- the same tough choices. We must bal- like to announce for the information of sider revisions to Title 44. ance the budget, restore integrity to the Senate and the public that a work- The PRESIDING OFFICER. Without the Medicare trust fund, update the shop has been scheduled before the objection, it is so ordered. Medicare system and provide consum- Subcommittee on Forests and Public ers with more choice—a cornerstone Land Management to exchange ideas COMMITTEE ON SMALL BUSINESS structural change that addresses the and suggestions on the proposed ‘‘Pub- Mr. HELMS. Mr. President, I ask long-term viability of the Medicare lic Land Management Responsibility unanimous consent that the Commit- tee on Small Business be authorized to program. and Accountability Restoration Act.’’ In the 104th Congress, the U.S. Con- The workshop will take place on meet during the session of the Senate for an oversight hearing on ‘‘SBA’s gress realized that the fundamental Thursday, May 22, beginning at 2:00 way to capture the dynamics of change p.m. in room 366 of the Dirksen Senate Non-Credit Programs’’ on Thursday, April 24, 1997, which will begin at 9:30 in the health care system would be to Office Building. The topic for this modernize Medicare by opening it to a workshop will be to hear testimony re- a.m. in room 428A of the Russell Senate Office Building. broader array of private health plans garding community-based solutions that would compete on the basis of that have been tried concerning public The PRESIDING OFFICER. Without objection, it is so ordered. quality and not just cost. land conflicts. President Clinton embraced this SELECT COMMITTEE ON INTELLIGENCE Testimony at these workshops is by ideal as well by initiating a Medicare Mr. HELMS. Mr. President, I ask invitation only. They are open to the Choices demonstration and including unanimous consent that the Commit- public and the press. For further infor- provisions to expand choice, although I tee on Intelligence be authorized to mation, please write to the Sub- feel they are limited, in his February meet during the session of the Senate committee on Forests and Public Land budget submission to the U.S. Con- on Thursday, April 24, 1997 at 2:00 p.m. Management, United States Senate, gress. to hold a closed hearing on intelligence Washington, D.C. 20510, or call Mark Therefore, Senator ROCKEFELLER and Rey or Judy Brown of the Subcommit- matters. I introduced S. 146, the Provider-Spon- The PRESIDING OFFICER. Without tee staff at (202) 224–6170. sored Organization Act of 1997. S. 146 objection, it is so ordered. f expands the current Medicare risk con- SUBCOMMITTEE ON CLEAN AIR, WETLANDS, tracting program to include PSO’s, AUTHORITY FOR COMMITTEES TO PRIVATE PROPERTY, AND NUCLEAR SAFETY MEET Provider Sponsored Organizations. Mr. HELMS. Mr. President, I ask A PSO, very simply, is a public or COMMITTEE ON ARMED SERVICES unanimous consent that the Sub- private provider, or group of affiliated Mr. HELMS. Mr. President, I ask committee on Clean Air, Wetlands, Pri- providers, organized to deliver a spec- unanimous consent that the Commit- vate Property, and Nuclear Safety be trum of health care services under con- tee on Armed Services be authorized to granted permission to conduct a hear- tract to purchasers. meet at 2 p.m. on Thursday, April 24, ing Thursday, April 24, 1997, at 9:30 Our bill specifies detailed require- 1997, in executive session to mark up S. a.m., on ozone and particulate matter ments for certification, quality assur- 7, the National Missile Defense Act of standards proposed by the Environ- ance and solvency to ensure that PSO’s 1997. mental Protection Agency. contracting with Medicare meet stand- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ards that are comparable to or higher objection, it is so ordered. objection, it is so ordered. than those for health maintenance or- COMMITTEE ON COMMERCE, SCIENCE, AND SUBCOMMITTEE ON EAST ASIAN AND PACIFIC ganizations [HMO’s]. TRANSPORTATION AFFAIRS Specifically, the bill provides Federal Mr. HELMS. Mr. President, I ask Mr. HELMS. Mr. President, I ask leadership for States to fashion a unanimous consent that the Senate unanimous consent that the Sub- streamlined PSO approval process that Committee on Commerce, Science, and committee on East Asian and Pacific is consistent with Federal standards Transportation be authorized to meet Affairs of the Committee on Foreign protecting Medicare beneficiaries. on April 24, 1997, at 10 a.m. on ISTEA Relations be authorized to meet during Second, by providing incentives for Reauthorization/Truck Safety. the session of the Senate on Thursday, PSO’s and HMO’s to evaluate patterns The PRESIDING OFFICER. Without April 24, 1997, at 2:00 p.m. to hold a of care, it promotes state of the art objection, it is so ordered. hearing. continuous quality improvement. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3691 Third, the bill creates a mechanism the coordination of care, the 50–50 rule In the State of Tennessee, the major- by which the Secretary of HHS would does not apply and would be waived for ity of Medicare beneficiaries have no be allowed, but not required, to enter PSO’s. choice. There is no HMO, except right into partial risk payment arrange- I should also say that non-PSO Medi- in middle Tennessee. There are no ments with PSO’s or HMO’s. care risk contractors, under our bill, other plans. Senior citizens have no Fourth, it outlines specific solvency would be eligible for waiving this choice whatsoever in Tennessee, except standards for PSO’s which reflect the quasi-quality measurement as long as in Nashville, where they can choose peculiarities of their operating envi- they met the enhanced quality stand- one plan today. ronment. ards spelled out in our bill. Thus, S. 146 The second reason, is that our seniors Now, why are PSO’s, to my mind, a sets a new standard for quality assur- are scared their care is going to be good place to start in opening up and ance, a standard that I feel will set the taken away. They are scared to join modernizing Medicare to offer our sen- pace for the rest of the industry. managed care because they are scared iors and individuals with disabilities Mr. President, the Provider Spon- that their local physician will be more choice of private plan options? sored Organization Act returns to a dropped from the network. Many fear First, and something very close to basic concept that applies a lot to what that an HMO or managed care plan me as a physician and as one who has we are doing in the U.S. Congress might drop their physician once they spent over 50,000 hours working in hos- today. This bill will empower providers join it, and that frightens them a great pitals, PSO’s will improve quality of to become, once again, true partners in deal. health care. The creation of PSO’s in the clinical decisionmaking process. It only makes sense that Medicare the Medicare environment, I am abso- The PSO really does allow physicians, beneficiaries will feel much more se- lutely convinced, will improve quality. care-givers, and facilities to once again cure about coordinated care knowing It really goes back to personal expe- regain some control over what goes on that they have the choice of a health rience. But the fundamental reason is at that doctor/patient relationship care plan run by care-givers, run by that PSO’s are the care-givers. PSO’s level. physicians, nurses, and hospitals who are the physicians, the hospitals, the In the U.S. Congress over the last are in their own local community. The facilities. year we have seen bills, like a 48-hour Rockefeller/Frist bill will give them It is those physicians, those care- maternity stay bill post-birth, and a that security. givers who are on the front line of proposal for a 48-hour stay after mas- PSO’s, as I mentioned, do apply par- health care every day. Thus, they are tectomy. I have even had proposals ticularly well to rural communities. in the best position to control, mon- come forward to me for 5-day bills after Because the doctors and hospitals are itor, and demand quality for that indi- heart surgery. Well, obviously the U.S. already in the rural areas, serving the vidual patient who walks in through Congress can go in and try to micro- local population, it is easier for them, the door. manage body part by body part, but I rather than some outside insurance It is my feeling that in a competitive do not think that is the direction to company maybe located 200 miles away, to organize, network and provide managed care environment, PSO’s will go. be at the table competing with insur- By bringing care-givers to the table, a coordinated care option for seniors in ance companies, competing with by reenfranchising them, by allowing what have been traditionally under- HMO’s. But it is they, because they are them to once again regain participa- served rural areas. Finally, given the fact that Medi- the care-givers, that can bring to the tion in the clinical decision-making care’s own trustees have reported that table that concern for the individual process, we get out of that business. the trust fund will soon be bankrupt, patient, and demand quality which will Why? Because at the negotiating Medicare’s rate of growth clearly must have a spill-over effect in the negotia- table in the managed care environment be slowed. The introduction of PSO’s tions in the managed care environ- you have physicians and care-givers will advance market-based competition ment. There is an inherent PSO empha- there speaking for the patient, not al- within Medicare, which I believe is ab- sis on quality because the people at the lowing just cost to drive what goes on solutely essential to the long-term in- table are the people who are taking in the managed care environment. tegrity of the entire Medicare Pro- In addition, the PSO option will care of the individual patient. gram, both part A and part B. The second issue around quality, is bring coordinated care to more com- The Provider Sponsored Organization that S. 146 requires collective account- munities. Again, this is terribly impor- Act of 1997 builds on the PSO provision ability, where quality and cost are tant because we see so much of man- included in the Balanced Budget Act of measured by overall practice patterns aged care in urban areas and not in 1995 [BBA]. The BBA created a legal across the entire PSO rather than just rural areas and not in under-served definition of PSO’s and developed a def- case-by-case utilization review. areas. inition of ‘‘affiliated provider.’’ S. 146 It used to be that we did not know This bill very specifically has incen- goes one step further. It defines a Medi- how to do that. In 1997, we do know tives built in it to encourage participa- care Qualified PSO as a PSO that has how to do that. We look at system-wide tion in those under-served and rural the capability to contract to provide measures of quality. The advantage of areas. It will very clearly, to my mind, full benefit, capitated, coordinated system-wide measures, instead of case- bring managed care, coordinated care, care to beneficiaries. by-case utilization, is better use of re- networking of care to those commu- Specific criteria for the direct provi- sources, less intrusiveness in the doc- nities where it is not an available sion of services by affiliated providers tor/patient relationship, and it is state choice today. are spelled out in the bill. This ensures of the art today. It is built into our As you know, managed care has had that all but a small fraction of con- bill. great difficulty in attracting seniors. tracted services are provided either S. 146 requires PSO’s to meet new, We know that about three-quarters of under affiliation or by participating higher quality standards and they the employed population are enrolled provider agreements. must, as spelled out in our bill, have in coordinated/managed care today. It also ensures that current Medicare experience in the coordination of care. But in Medicare, only about 13 percent provider contracting rules, especially Thus, we will not see the creation of are enrolled. those that protect beneficiaries or con- inexperienced groups coming forward. Two reasons. Right now, the rigidity sumers from financial liability in the That is important because of the so- of our Medicare system does not allow event of a plan failure, will also apply called 50–50 rule, a standard which is any other entities besides a very nar- to PSOs. inappropriately used as a surrogate rowly defined HMO to participate in Since Medicare qualified PSOs do not measure for quality, requiring that Medicare. We can agree or disagree enter the commercial market as a plans participate in the commercial whether to open that system up to a health plan in order to contract with marketplace. broad array of plans. Indeed, I think Medicare, S. 146 provides Federal cer- Well, today, because of the outline of this first step of a PSO is the most rea- tification for the first four years, after higher quality standards, and because sonable way to go to begin to expand which transition to State licensure is of the requirement for experience with that choice. carried out. S3692 CONGRESSIONAL RECORD — SENATE April 24, 1997 In addition, this bill requires that The Balanced Budget Act established KING & SPALDING the Secretary contract with states dur- the premise, that PSO’s should be al- Washington, DC, March 10, 1997. ing that four year period to provide lowed to offer Medicare-only plans. Hon. DUNCAN HUNTER, local monitoring of ongoing PSO per- Chairman, Subcommittee on Military Procure- Therefore, the rule that I mentioned ment, formance, as well as beneficiary access earlier, the so-called 50–50 rule, is inap- Committee on National Security, to services. At the end of the four year propriate under our bill for Medicare- U.S. House of Representatives, Washington, DC period, State licensure would be re- only type plans. DEAR MR. CHAIRMAN: Thank you for asking quired as long as State standards are me to provide testimony for your March 12, Second, plans today are required to sufficiently similar to the Federal 1997, hearing on bomber force structure. As standards, and the solvency standards go through the State licensure process. you know, I have been a strong supporter of Yet, the overwhelming majority of the B–2 bomber program since its inception are identical. as the Advanced Technology Bomber in the This approach over these initial four State licensure processes do not recognize the fact that PSO’s differ from early 1980’s. I continue to believe that 21 B– years, marries the benefits of national 2 bombers will not constitute an adequate standards for a national program with most insurers. Rather, States today ex- force level to deal with many likely future the benefits of close monitoring at the pect them to look and act like insur- contingencies and crises, and that no other State level by State agencies, an ap- ers. But they are not, they are military systems in existence or on the proach currently used by Medicare in caregivers. drawing boards can adequately substitute for certifying a variety of health care pro- the capabilities the B–2 offers. Therefore, I Senator ROCKEFELLER and I, in clos- strongly endorse the Subcommittee’s recon- viders. ing, did not introduce this legislation sideration of the future bomber force struc- The issue of solvency. Last year’s to eclipse the current Medicare risk ture to include the issue of resuming produc- Balanced Budget Act mandated that contractors. Rather, the Provider tion of the B–2 bomber. I believe the Sub- the Secretary develop new solvency Sponsored Organization Act com- committee needs to carefully consider the standards that are more appropriate to pliments existing HMO options in the following points in its deliberations. this PSO, provider-sponsored, environ- * For the foreseeable future, two major hot Medicare program and expands the spots will remain in the Middle East and on ment. choices available to seniors and indi- Similarly, S. 146 recognizes that the Korean peninsula. Yet these set-piece viduals with disabilities. scenarios should not be the only scenarios PSOs are different. They are not insur- against which the adequacy of our forces ance companies, nor should they pre- This bill is narrow. It is focused. It (and our military strategy) are tested. tend to be insurance companies. PSOs really does not take on the broader is- * Potential enemies have learned several are the caregivers themselves. sues of structural reform that must be valuable lessons from Iraq’s experience dur- Thus, it is not necessary, because addressed in Medicare. I would like to ing Operation Desert Storm don’t give the they are care-givers—physicians, see much more choice than this bill, U.S. time to deploy forces and their support but this is the place to start. to the theater, do focus on disrupting U.S. nurses, and facilities—for them to go air operations, do target strategic objectives out and contract out or pay claims for Mr. President, Qualified Provider- that allies will be reluctant to counterattack health care services that they have to Sponsored Organizations will challenge (Seoul, Saudi oil field, etc.) and plan to seize go out and essentially buy—as insur- all health care organizations partici- them rapidly, before U.S. power can be ance companies have to do. Very dif- brought to bear. pating in Medicare to meet the goal of * Future conflicts are likely to confront ferent. This bill establishes these new an integrated, coordinated health care solvency standards to protect Medicare the U.S. with a race against time and the ad- system where quality, and not just vance of enemy forces toward important beneficiaries against the risk of PSO cost, is put forward, where relation- strategic objectives (think how different it insolvency. ships of care-givers and their patients might have been if Saddam’s troops had not The test of fiscal soundness is based is preserved, and where physicians, stopped after taking Kuwait.) on net worth and reserve requirements * U.S. contingency planning, including the drawn from current Medicare law and nurses and hospitals come to the table. BUR analyses and the JCS ‘‘Nimble Dancer’’ the current National Association of In- PSO’s will challenge the entire system wargames (and the widely criticized 1995 surance Commissioners’ (NAIC) ‘‘Model and the result will be higher quality.∑ DOD Heavy Bomber Study), assumes the U.S. will enjoy two weeks of actionable HMO Act.’’ Adjustments are made to f warning prior to an enemy attack—valuable reflect the operational characteristics time during which our military plans to de- of PSOs. For example, in measuring ploy forces from CONUS and Europe, and net worth, it ensures that health deliv- SENATOR SAM NUNN SUPPORTS more important, to start the sealift bridge ery assets held by the PSOs, such as THE B–2 from CONUS to the theater. the hospital building, are recognized * This sealift link is crucial to U.S. per- just as they are in NAIC’s Model HMO ∑ Mr. INOUYE. Mr. President, there formance in 1990, the U.S. needed six months in which to build up forces levels and to es- Act. Thus, fiscal soundness is assured. have been many supportive comments on the remarks I presented last week tablish the sealift pipeline to support those Another issue on which the Rocke- forces during high-intensity conflict. Yet, feller/Frist bill differs from the 1995 on the need to acquire nine additional the adequacy of logistics support has never Balanced Budget Act is that it gives B–2 global precision strike aircraft. been adequately modeled in JCS wargames. the Secretary authority to enter par- There is one response, in particular, * In 1994, Iraq suddenly mobilized troops tial risk contracts, either with PSO’s which I wish to share with my col- and sent them to the border with Kuwait The or HMO’s. leagues. U.S. response capability raises serious questions. U.S. planning assumes two carriers in The Balanced Budget Act required Former Senator Sam Nunn of Geor- the Persian Gulf, yet there were none, U.S. that PSO’s take full risk with respect gia served the Senate for many years. planning assumes deployment of many hun- to Medicare benefits. While both bills Through dedicated work and thought- dreds of tactical aircraft to the theater in would require that PSO’s provide the ful analysis, Senator Nunn came to be the first week, yet only about one hundred full Medicare-defined benefit package, arrived, U.S. planning assumes prepositioned regarded as a national authority on de- equipment aboard ships berthed at Diego S. 146 adds a partial risk payment fense issues. I now ask that a letter in method, that is, payment for all serv- Garcia in the Indian Ocean are important as- support of additional B–2 procurement, sets, yet these ships did not arrive until ices based on a mix of capitation and which Senator Nunn sent to Congress- after the crisis was ended, U.S. planning as- cost. This is actually very important if man DUNCAN HUNTER, chairman of the sumes many precision munitions, yet sup- we want to have coordinated care go to House Committee on National Secu- plies in the theater were low. our rural communities. * If an important class of future contin- rity, Subcommittee on Military Pro- Now, why is PSO legislation nec- gencies will be those in which U.S. forces are curement, be printed in today’s essary? First, current Medicare statute trying to prevent an enemy surprise attack does not allow managed care plans to RECORD. I believe that all Senators will from seizing high-value targets, then U.S. benefit from a close and thoughtful forces will have to place a premium either on serve only Medicare patients. Instead, combat-ready forces stationed within the currently it requires these types of reading of former Senator Nunn’s letter. theater or on forces that can reach the thea- plans to participate also in the com- ter and conduct effective operations in a mercial market. The letter follows: timely fashion. April 24, 1997 CONGRESSIONAL RECORD — SENATE S3693 * We cannot count on having stationed the American dream, they always re- ‘‘PEACE! WHERE ART THOU?’’ forces in the right place at the right time, membered their Armenian origins, and all the time. This suggests the importance of ∑ Mr. INOUYE. Mr. President, I re- never forgot their national sorrow. As quest that the statement entitled long-range assets, to provide the flexibility Nobel Peace Prize winner Elie Wiesel to respond rapidly from CONUS to trouble ‘‘Peace! Where Art Thou?’’ written by spots around the globe. The B–2 can reach has written, the Armenian people are my constituent, Ruben Ortiz-Paez, be rooted firmly ‘‘in their collective and any point on the globe from just three printed in the CONGRESSIONAL RECORD. bases—Guam, Diego Garcia, and the U.S. immutable memory where death itself I encourage my colleagues to read this * Once in the theater, U.S. assets must be is vanquished, because the memory of thoughtful essay. both survivable and highly effective against death is received as a symbol, an in- The statement follows: an invading enemy force. The B–2 bomber stant of eternity.’’ has a combination of range, payload, and Their sharing of the Armenian his- ‘‘PEACE! WHERE ART THOU?’’ stealth that is unmatched by any other sys- torical experience with non-Armenians (By Ruben Ortiz Paez) tem. And, precision munitions are continu- has served as a stark reminder for us At a meeting to discuss World Peace, its ing to enhance the value of all tactical air- all of the universality of human evil Chairman closed the meeting with the fol- craft, including the B–2 bomber. lowing remarks: ‘‘After considerable effort, * The value of stealth for conducting oper- and the strength of the human spirit, even at the darkest moments. The re- we are still groping like the Blind to come ations in a high-threat environment has been up with a significant dialogue which would clear ever since the air operations against silience of the survivors and Armenians contribute to the cause of Peace.’’ After Iraq began in early 1991. The F–117A Stealth the world over have inspired in other slight applause, he offered to field questions. Fighter conducted countless missions over peoples feelings of shared sorrow and A blind man raised his hand and he was Baghdad without any loses and are widely admiration. We mourn with them, and recognized. He stood up and this is what he cited for the success of the air war. Yet the simultaneously take pride in their had to say: ‘‘Mr. Chairman and Members: I F–117A has many operational limitations—it ability to overcome a great historical really don’t have a question, but if you will is a medium altitude attack platform capa- bear with me, I do have a few words to say. ble of effective operations only at night in injustice, the consciousness of which never disappears. ‘‘The Chairman approved and he continued: clear weather. ‘‘I don’t think that it s fair to suggest that * The B–2 is an all-altitude, all-weather Unhappily for them, Armenians have we haven’t come up with solutions; the best platform that is more stealthy than the F– been called upon to be our teachers. minds in the world are devoted to finding 117A and that carries many more individ- From their terrible suffering we have Peace, and so far, they have come up with ually-targetable weapons. The B–2’s ad- learned that states may not make war Zilch! vanced capabilities go well beyond those of upon minority groups, and the inter- ‘‘Peace has always been desired, but there the F–117A or any other non-stealthy bomb- national community will neither toler- are leaders among nations who seem to de- er. rive Satanic pleasure in obstructing or de- * A number of recent analytic studies have ate nor forget such transgressions. railing Peace initiatives! How then in Heav- shown that against many plausible invading From their ability to transcend the en’s name, could Peace be expected to flour- forces, 20 or 21 B–2 bombers are simply not saddest moments of their history, we ish? Here’s a splendid suggestion: A sure enough force to stop enemy invaders short of take heart and recommit ourselves to way, is for us to embrace and spread The their important strategic objectives. remembrance, celebration, and vigi- * The cost of additional B–2’s is high rel- charity of Love! For Peace is Love’s God- lance.∑ child, and it will flourish wherever Love and ative to non-stealthy, short-range tactical f aircraft. But so is the cost of failing to stop compassion dwell in the Hearts of Men! a determined enemy short of his strategic TRIBUTE TO JOE STERNE OF THE ‘‘I know that it’s difficult to understand; and some would dare to say that it’s just a objectives. The inherent flexibility and capa- BALTIMORE SUN bility of the B–2 bomber will be most impor- pipe-dream! But not so, if my logic is consid- tant in those cases where we are surprised, ∑ Ms. MIKULSKI. Mr. President, this ered with an open mind; reinforced with the where an enemy doesn’t do what we had ex- month, Joseph R.L. Sterne will be re- Undeniable Truth, that Love is more con- pected, and/or where we did not plan to have tiring as editorial page editor of the tagious than all of the deadly viruses, so far to fight. Baltimore Sun—a job he has held for identified by medical science and research! I commend these points to the attention of more than 44 years. ‘‘Here then, Mr. Chairman, I humbly offer your Subcommittee, and would urge you to I have known Joe for more than 20 of the following, which I hope you may be able to consider as an acceptable contribution to undertake a searching review of the assump- those years. As editor, he has been one tions and assertions that underlie present the cause of Peace. It will probably be dis- of the best. I cannot remember a time missed as an illusion by the skeptics, due to U.S. military contingency plans. I thank you when his name was not at the top of for inviting me to submit these thoughts for it’s spiritual connotation, but I ask you sir, the Subcommittee’s consideration and for the paper’s masthead. I read his edi- what other choice do we have? your Subcommittee’s careful attention to torials and he has read my press re- ‘‘It takes just one person who’s a ‘carrier’ these important questions for national secu- leases. I think I liked his better. His to start an epidemic! So what are we waiting rity. editorials were him—they were fair, for? Let’s be the ‘carriers’ to start an epi- Sincerely, professional, insightful, instructive, demic of Love! It isn t all that difficult, all that it takes is for us to shed our shyness; SAM NUNN.∑ tough and thorough. our fear that our affection could be mis- f I’ve learned a lot from them. So did understood! It will be well worth it, and Baltimore and so did Maryland— REMEMBERING TURKEY’S surely the Prince of Peace, will bless us for whether it was an observation or sug- GENOCIDE OF THE ARMENIANS it, since his exhortation ‘‘Love your neigh- gestion regarding foreign policy or bor as yourself’’ means not only the one next ∑ Mr. D’AMATO. Mr. President, Amer- firm recommendation on how to im- door, but all with whom we share the Earth! ica has always been a haven for victims prove Baltimore’s housing policy or ‘‘Dear Members: If I can visualize all these of oppression and it is fitting that Federal tax issues. things despite my blindness, just try to Members of this body rise every year to Joe started his career in 1953 cover- imagine, the great and wonderful things that mark April 24—the day that commemo- ing the police beat. But he didn’t stay you will be able to accomplish with God’s rates Turkey’s genocide of the Arme- there long. He quickly moved on to re- gift of sight and optimism, in a world firmly nians. In the first instance in the 20th determined to live in Peace, in the fast-ap- port on some of the most important proaching New Millennium! century when a state declared war on a moments in American history—from ‘‘Thank you for allowing me to express my minority group, an estimated 1.5 mil- the civil rights movement to the Viet- pent-up emotions and my layman’s assess- lion people were killed. We rise today nam war to working in Africa and Ger- ment of such a pressing and complex subject. to show our solidarity with the victims many covering international affairs. May God bless you!’’ and our condemnation of the slaugh- That was his true love. But he never The blind man received a standing terers. forgot that a great hometown paper be- ovation and the applause was deafen- Many Armenian survivors came to gins with a great hometown. ing!∑ the United States, where they found His kudos and criticisms spurred all f sanctuary. They have prospered and of us to do our best. But then, he asked their vibrant community as a whole no less of us than he asked of himself. THE SMALL BUSINESS has become an integral part of Amer- He is one of the best. I will miss Joe ADMINISTRATION ican life and the democratic process. Sterne. Baltimore will miss Joe ∑ Mr. BUMPERS. Mr. President, On But while realizing and contributing to Sterne. I wish him our best.∑ February 3, of this year, Carolyn S3694 CONGRESSIONAL RECORD — SENATE April 24, 1997 Stradley testified before the Small Business was great for the first 6 years into Since my childhood, the composition Business Committee regarding the a 10-year loan. However, several of our job of the work force has changed dramati- problems she had starting a paving sites were hit by two tornadoes and one flood cally, and job opportunities have sig- company. It was one of the most inter- and the most rain that was ever recorded in nificantly increased for young women Georgia. esting and compelling statements I The small bank that I had been dealing and girls. Today, women comprise 46 have heard since I came to the Senate, with was purchased in 1993 by a large multi- percent of the paid labor force, and ac- and I have heard thousands. state group. The loan was then ‘‘called’’ at a cording to Bureau of Labor and Statis- Mr. President, without further elabo- time when I could not work because of tics, by the year 2000, roughly half of ration, I ask that Mrs. Stradley’s weather—the fact that I had never missed a new entrants into the labor force will statement be printed in the RECORD for payment for six years meant absolutely be women. all to see and appreciate. nothing to the bank. Despite these gains, studies show The statement follows: I then requested a meeting with the Small that during adolescence, girls often re- Business Administration. I met with Fred TESTIMONY OF CAROLYN A. STRADLEY ceive less attention in school and suffer Stone, District Director for the State of Good morning. Thank you for your time Georgia, Ray Gibeau, Chief, Portfolio Man- from lower expectations than do boys. today. agement and Janis Burda, Loan Liquidation They also set their future sights lower My name is Carolyn Stradley, I am the Specialist. It was at this meeting that I real- than their male counterparts. This is founder and owner of C&S Paving, Inc. in ized that these three people were completely reflected in a New York Times/CBS Marietta, Georgia. different than anyone I had ever dealt with poll, which found that over one third of I was born in the Appalachian Mountains before at the SBA. They were very profes- girls surveyed believed that there are at home in a two-room shack, without elec- sional, understood small business and were tricity or water. I had never seen indoor more advantages to being a man than a willing to go the extra mile. women. For many girls, low self-es- plumbing until I went to school. It was with their help and guidance that C My mother died when I was only 11 years & S Paving was able to restructure the re- teem can lead them to lose confidence old and my father, an alcoholic, walked maining balance of the loan. As a result of in their abilities, which may prevent away. For two years I survived in the moun- SBA’s recognition that C & S Paving was a them from achieving their fullest po- tains, then at 13 years old, I moved to At- company worth saving, we have grown, pros- tential later in life. lanta, sometimes sleeping in the back of cars pered and are currently planning to build a In this day and age, we cannot accept and bathing at the bus station. When I en- new building this year which will enable us reduced opportunities for girls and tered high school, I did so without front to hire about 10 more people this year. teeth. Working at night, going to school in women from either an equity stand- Without SBA’s help, I would have lost ev- the day time. I married at 15 years old, was point or an economic one. Today, erything that I had worked my whole life for kicked out of school at 16 for being pregnant, women are equally responsible for the and over 30 period would have lost their jobs. became a mother at 17, caring for a totally Therefore, I am living proof that the SBA well-being of their families. So it is not disabled husband at 21 and became a widow works for this Nation by helping small busi- just their own futures that are at at age 26. ness create jobs and economic independence stake, but the future of their children I started C&S Paving, Inc. out of necessity, for its citizens. My survival has provided en- and their children’s children. It is our not by choice, from the back of a pickup couragement to many other people, espe- truck, shoveling asphalt into potholes. But I responsibility to set high standards cially women who wish to start their own quickly found out that in 1979 very few peo- and provide them with the experiences companies. ple would take a single, 32-year-old woman and role models that will inspire them From its humble beginning, by the rein- in the asphalt paving business seriously. to be extraordinary leaders of the fu- vestment of profits back into the Company, When I tried to purchase equipment and C & S Paving was awarded the largest single ture. trucks in 1979, the sales people just laughed contract ever let to a female-owned company We need to do far more to challenge at me. So, I asked my brother, who was un- through open-competitive bids. Other nota- our daughters’ notions of women’s employed and only had an 8th grade edu- ble projects we have constructed are the run- work. While most school-age girls plan cation to work with me for 25 percent of this ning tracks inside the Olympic Stadium and to work, they do not plan for careers new company. It was necessary for us to the Georgia Dome. work 14–16 hours a day, so I asked my broth- that could sustain themselves and Additionally, we were honored by Presi- er’s wife if she would care for the children their families. In 1992, 53.8 million dent Bush in 1989 at the White House as Sec- and answer the telephone—for another 25 women were employed and only 3.5 mil- ond Runner Up for the National Small Busi- percent of the company. lion were employed in nontraditional ness Person of the Year as well as the Small When the company was first started, I occupations. Further, women working went to the Small Business Administration Business Person of the Year Award for 1996 by The Small Business Council of America. in nontraditional jobs earn 20 to 30 per- and asked for an 8–A package, but was told I cent more than women in traditionally did not qualify, but I persisted and finally I share all of this with you, hopefully to was able to obtain a package after many help you understand the passion I feel to- female jobs. Women remain signifi- years of trying. After its costly completion, wards the Small Business Administration. It cantly under-represented in careers re- and several months of waiting C&S Paving is not perfect by any means, but to millions quiring math and science skills— was again denied entrance into the program. of women of this country, who by no fault of women comprise only 11 percent of to- However, I did not give up and tried sev- their own, do not have a father, husband, the day’s technical work force, and only 17 education or community standing to ask for eral years later and once again was told that percent of all doctors are women. Near- I was not and had not ever been disadvan- help—SBA’s Women Business Ownership Pro- gram is their only glimmer of light and hope. ly 75 percent of tomorrow’s jobs will re- taged. I saw other people—some third gen- quire the use of computers, but girls eration company and college graduates— Today, you can be the vehicle that helps qualify and permitted to negotiate jobs that those that seek to help themselves by rec- comprise less than one-third of stu- I was not allowed to bid on. I felt very angry ognizing the true value that the Small Busi- dents enrolled in computer courses. and betrayed. Sadly, it seems to me that the ness Administration has and the difference it And a study by the Glass Ceiling Com- 8(a) Program does not include white females has made in so many lives and the tremen- mission found that women occupy only whose circumstances would otherwise qual- dous contributions that small business 5 percent of senior-level management ify them as being disadvantaged. In my case makes to this country’s economy and to the world. of the top Fortune 1000 industrial and that was totally unfair and an abrogation of 500 service companies. As leaders and Congress’ intent for the program. This Agency’s programs are not a hand In 1986, I realized that I could no longer out, but truly a hand up. Please allow us to as parents, we must do our best to en- work with my brother because of a total dif- hope. sure that American girls are prepared ferent set of values in business and life. I Hope sees the invisible; feels the intangible to step into those high-wage jobs and told him if he would just get my name off and hope achieves the impossible.∑ management positions that command the personal guarantees, he could have ev- f higher salaries in the work force. erything. He could not and demanded $500,000 I was honored to endorse again, this for his and his wife’s shares. My options, as TAKE OUR DAUGHTERS TO WORK year, Take Our Daughters to Work I saw them: murder, suicide, or find a way to DAY Day, organized by the Maine’s Women’s buy him out. Ms. SNOWE. Mr. President, I rise Development Institute, in my home I went to several banks before I found one ∑ that believed a woman could run an asphalt today on Take Our Daughters to Work State. Girls in Maine and across the paving company, however, they would only Day, to encourage young women and Nation will have another opportunity make the loan if the SBA would guarantee girls across America to set their sights to see first-hand that they have a it. high, and to reach for their dreams. range of life options. In the past, Take April 24, 1997 CONGRESSIONAL RECORD — SENATE S3695 Our Daughters to Work Day has en- level management of the top Fortune We must remember, we must speak couraged young girls to reach out and 1000 industrial and 500 service compa- out, and we must teach the next gen- use their creative spirit and I am con- nies. Women only comprise 11 percent eration about the systematic persecu- fident that this special day will prove of the technical workforce. This needs tion and murder of millions of Arme- again to be a rich and rewarding expe- to change. America’s future depends on nians by the Ottoman government. I rience for all parents and daughters it. Women need to be encouraged to know that I am joined by every one of alike. seize opportunities and explore non- my colleagues, by the Armenian-Amer- Today, millions of parents across the traditional careers. This includes de- ican community, and by people across Nation will take their daughters to veloping skills that will prepare them the United States in commemorating work. In 1996, in Maine alone, 10,000 for high wage jobs and management po- the Genocide and paying tribute to the Maine girls and 5,000 Maine businesses sitions that offer higher salaries in the victims of this crime against human- participated in Take Our Daughters To workforce. ity. Work Day. These parents perform a Women are increasingly becoming re- As Americans, we are blessed with great service by exposing their daugh- sponsible for the financial well-being of freedom and security, but that blessing ters to new and exciting experiences. their families. We need to ensure that brings with it an important respon- They are not only expanding their ho- young girls are prepared for the sibility. We must never allow oppres- rizons and helping them to explore op- workforce—and have the opportunity sion and persecution to pass without portunities, but teaching them impor- to live up to their full potential. We notice or condemnation. tant lessons about goal-setting as well. can only do this if we have a commu- By commemorating the Armenian Take Our Daughters to Work Day has nity effort. Today, more than ever— Genocide, we renew our commitment encouraged a new generation of young young girls need role models and men- always to fight for human dignity and girls to envision a world where no goal tors—so that they can achieve suc- freedom, and we send out a message is impossible.∑ cess.∑ that the world can never allow geno- f f cide to be perpetrated again. Even as we remember the tragedy TAKE OUR DAUGHTERS TO WORK RECOGNITION OF SERVICE BY and honor the dead, we also honor the DAY MAYOR SMIGLEY living. Out of the ashes of their his- ∑ Mrs. MURRAY. Mr. President, ∑ Mr. SMITH of Oregon. Mr. President, tory, Armenians all across the world thanks to Take Our Daughters to Work I would like to take this time to recog- have clung to their identity and have Day, young girls from all over the nize 34 years of public service by Mayor prospered in new communities. My country will be given the opportunity Bill Smigley of Veneta, OR. I person- state of California is fortunate to be to accompany adults to the workplace. ally would like to thank Mayor home to a community of Armenian- Today, young girls will be given the op- Smigley for his commitment and hard Americans a half-a-million strong. portunity to shadow an adult mentor— work and wish him all the best in his They are a strong and vibrant commu- and gain experience in a work environ- retirement. nity whose members participate in ment. What better way to enable girls Mayor Smigley served as city coun- every aspect of civic life, and Califor- to explore their future and gain expo- cilman for 18 years and mayor for 16 nia is the richer for their presence. sure to a wide range of career options? years, but has also shown a life-long The strength and perseverance of the The focus of this one day event is to dedication to improving not only his Armenian people is a triumph of the bring awareness to the development community but the State of Oregon. human spirit, which refuses to cede and education of young girls. Research His service as chairman of Lane Coun- victory to evil. The best retort to the suggests that young girls often receive cil of Governments and his 16-year con- perpetrators of oppression and destruc- less attention in school and suffer from tribution to the League of Oregon tion is rebirth, renewal, and rebuilding. lower expectations than boys. This dif- Cities is a testament of his commit- Armenians throughout the world have ference can affect their self-esteem and ment to making Oregon’s future done just that, and today they do it in self-confidence, particularly during the brighter for all of us. their homeland as well. A free and difficult years of adolescence. Lower I speak on behalf of many Oregonians independent Armenia stands today as a expectations and self esteem can later across the State who look to Mayor living monument to the resilience of a prevent them from achieving their Smigley’s public service as a source of people. I am proud that the United maximum potential. This in turn can inspiration and hope that even in his States, through our friendship and as- hinder their own personal and profes- retirement he will continue to work on sistance, is contributing to the rebuild- sional development. Therefore, adoles- future endeavors that will benefit our ing and renewal of Armenia. cence is a crucial time period for great State.∑ Let us never forget the victims of the adults to intervene in the lives of f Armenian Genocide; let their deaths young girls. Adults need to take the not be in vain. We must remember THE 82d ANNIVERSARY OF THE time to show girls that they can set their tragedy to ensure that such ARMENIAN GENOCIDE high goals and pursue their dreams. crimes can never be repeated. And as Today’s events will offer inspiration ∑ Mrs. FEINSTEIN. Mr. President, we remember Armenia’s dark past, we and encouragement to millions of today, April 24th, marks the 82nd anni- can take some consolation in the young girls—and show them that versary of the beginning of the Arme- knowledge that its future is bright adults are committed to helping nian Genocide. I rise today to acknowl- with possibility.∑ them—so they can fully expand their edge and commemorate this terrible f horizons and pursue their dreams. chapter in history, to help ensure that In 1995, women comprised 46 percent it will never be forgotten. THE 82ND ANNIVERSARY OF THE of the paid labor force. The composi- Eighty-two years ago today, one of ARMENIAN GENOCIDE tion of the work force has changed sig- the darkest chapters in human history ∑ Mr. SARBANES. Mr. President, I rise nificantly, and opportunities have con- began. On April 24, 1915, Ottoman au- to join my colleagues in commemorat- tinued to increase for women. Despite thorities began arresting Armenian po- ing the 82nd anniversary of the Arme- these gains, women’s wages, on aver- litical and religious leaders throughout nian genocide, the first such tragedy to age, still remain below men’s. We can- Anatolia. Over the ensuing months and occur in the twentieth century. Today, not accept the gap that still exists be- years, some 1.5 million Armenians were as we renew our commitment to the tween men and women. Even though killed at the hands of the Ottoman au- rights and freedoms of all humanity, the gap is narrowing—we must con- thorities, and hundreds of thousands we also celebrate the reemergence of tinue to work on this issue. Women more were exiled from their homes. an independent Armenia. still experience barriers to non-tradi- On this 82nd anniversary of the Ar- It is a tribute to the indomitable tional career roles. A study by the menian Genocide, let us renew our spirit of the Armenian people that, Glass Ceiling Commission found that commitment never to forget the horror after centuries of oppression, they have women occupy only 5 percent of senior and barbarism of this event. persevered and re-established a free S3696 CONGRESSIONAL RECORD — SENATE April 24, 1997 and independent nation—a nation as between 1915 and 1923, roughly 1.5 mil- sible for such outrages will never be determined as its citizens. In its short lion men, women and children lost held accountable. existence, the Republic of Armenia has their lives to this genocide. More than As Americans we must keep a vigi- survived the earthquake of 1988, the 500,000 were removed from their home- lant watch on our world so that the dissolution of the Soviet Union and a land, many of whom perished in forced horrors that occurred in Armenia 82 blockade by its neighbors. Truly, the marches ending in the deserts of Syria. years ago might not be repeated again, spirit of the nation reflects the spirit The Armenians were able to gain and again, and again. History means of its people. their freedom for a short time in 1918, nothing if we do not learn from it. On Despite these hardships, the young but in 1920, when the former Soviet a day like today, we must remember republic has made economic progress. Union joined the Turkish attack, they what we stand for, and ensure that the As the first of the former Soviet repub- were again overpowered. It was only in U.S. continues to be a beacon of lics to record economic growth, Arme- 1991, following the breakup of the So- strength and hope for the heroes that nia has kept inflation under control viet Union, that the new Republic of stand up and survive such atrocities. and made great advances toward pri- Armenia was born. Today, we pay trib- These deaths should not be in vain. vatization. Now, it is incumbent upon ute to the courage and strength of a I am proud to commemorate this im- nations like the United States to con- people who would not know defeat. portant occasion today.∑ tinue our policy of engagement and as- Yet, independence has not meant an f sistance, as Armenia continues its ef- end to their struggle. There are still COMMEMORATION OF THE forts toward establishing a democratic those who question the reality of the ARMENIAN GENOCIDE society. Armenian slaughter. There are those The United States has also benefitted who have failed to recognize its very ∑ Mr. REED. Mr. President, I rise to from a strong Armenian presence. With existence. But we must not allow the commemorate the 82d anniversary of their firm resolve and dedication to de- horror of the Armenian genocide to be the Armenian Genocide. mocracy, the more than one million either diminished or denied. In the 1930’s, someone questioned Ad- Armenian Americans have made sig- The pages of history are replete with olph Hitler about the possible con- nificant contributions to the cultural, stories of the atrocities man commits sequences of his plan for the system- political and economic life of this na- against his fellow man. And upon those atic elimination of the Jews. Hitler tion. At the same time, by preserving pages, this massacre is one of the most seemed to believe that there would be their Armenian faith and traditions, vile stains. We must learn the lessons none. He allegedly responded, ‘‘Who, they have achieved a balance that en- of the past well, and never tire of the after all, today remembers the Arme- riches our diverse and vital American fight to end prejudice and discrimina- nians?’’ culture. tion. We must show the world the Ar- One of my constituents, Noyemzar The tragic events of 1915–1923 contain menian people did not suffer in vain.∑ Alexanian, remembers. On a spring in them some important moral lessons. f morning in 1915, when she was 6 years We now realize that a quick and deci- old, the Kurdish calvary surrounded COMMEMORATION OF THE sive response by the international com- her village. They rounded up all the ARMENIAN VICTIMS munity might have prevented the per- men and teen-aged boys, tied their secution and death of more than 1.5 ∑ Mr. FEINGOLD. Mr. President, I rise hands with rope, took them to a dis- million Armenians. Unfortunately, the today to commemorate the 82d anni- tant field and stabbed them to death. world’s indifference to their plight not versary of the Armenian genocide. Her father escaped to a neighboring vil- only sealed the futures of the Arme- Today we remember the Armenians lage but was soon discovered. nian victims, but paved the way for who died during the years 1915 to 1923 Noyemzar says she remembers her fa- similar tragedies in the years that fol- at the hands of the Ottoman Empire. ther being led away while her mother lowed. From 1915 to 1923, the Ottoman Turk- cried for help. This little 6-year-old girl It is imperative, Mr. President, that ish government systematically mur- then ‘‘watched the white shirt of her no nation or individual ever forgets the dered 1.5 million Armenians and drove father as he was led up a mountainside injustices suffered by the Armenians in half a million into exile. On the eve of by the soldiers. The white shirt became 1915. Only by striving for human rights the first World War, 2.5 million Arme- a dot, and then it was gone.’’ and civil liberties for all people can the nians lived in the Ottoman Empire. Noyemzar’s father was stabbed to promises of human dignity be achieved. Following the brutal Ottoman Turkish death. Over the next few years, as she In that regard, the highest honor we campaign, less than 100,000 remained. was shuttled from the houses of strang- can accord the heroic Armenian people These Armenians were victims of a pol- ers to orphanages, Noyemzar lost her is to continue the struggle for freedom icy explicitly intended to isolate, exile, two sisters. But still she did not lose wherever we are, be it America, Arme- and even extinguish the Armenian pop- hope. After several years, she and the nia, or anywhere else across the globe. ulation. remaining members of her family es- By pursuing that mission, hopefully we As we look at world events today—in caped to Cuba. She later settled in can prevent such tragedies from hap- Bosnia, in Rwanda, and elsewhere—we Rhode Island with her husband, Krikor, pening again.∑ see a repetition of what happened in another refugee from Armenia. f Armenia. In commemorating this day, Noyemzar Alenanian is now 88 years we remember those who died, and con- old, and every day she remembers. ANNIVERSARY OF THE ARMENIAN demn violations of human rights at Mr. President, old and young around GENOCIDE anytime in the past or the future. We the world today remember the Arme- ∑ Mrs. BOXER. Mr. President, I rise all know that, in the context of world nian holocaust. We remember that on today to observe the 82d anniversary of politics, human rights violations are this date in 1915, the Ottoman Empire the Armenian genocide. It is only by far too common and the response to and the successor Turkish nationalist keeping the memory of this dark time those violations is often tame at best. regime began a brutal policy of depor- alive will we keep it from occurring As we meet here today, it is likely tation and murder. Over the next 8 again. that somewhere, a political prisoner is years 1.5 million Armenians would be On April 24, 1915, over 200 Armenian being beaten by the police or armed massacred at the hands of the Turks religious, political and intellectual forces, or by some paramilitary group and another 500,000 would have their leaders were arrested in Constantino- whose members might include police property confiscated and be driven ple—now Istanbul—and killed, marking officers or soldiers. It is likely that a from their homeland. Engrossed in its the beginning of an organized cam- union organizer is being detained or own problems at the time, the world paign to eliminate the Armenian pres- harassed by authorities, that a woman did little as the population was dev- ence from the Ottoman Empire. is being raped by government thugs, astated. Thousands of Armenians were sub- that a newspaper is being shut down, or Despite having already undergone jected to torture, deportation, slavery that a prisoner has ‘‘disappeared.’’ It is such terrible persecution and hardship, and ultimately, murder. In the 8 years equally likely that the people respon- the people of the Armenian Republic April 24, 1997 CONGRESSIONAL RECORD — SENATE S3697 still suffer today. The peace talks re- RELATING TO JURISDICTION FOR The PRESIDING OFFICER. Without cently concluded in Moscow regret- LAWSUITS AGAINST TERRORIST objection, it is so ordered. tably made no progress toward the res- STATES olution of the Karabagh conflict. Tur- Mr. ROBERTS. Mr. President, I ask f key continues to blockade humani- unanimous consent that the Senate tarian aid to Armenia. proceed to the immediate consider- PROGRAM However, the Armenian people look ation of H.R. 1225, which was received Mr. ROBERTS. Mr. President, for the hopefully to the future. Their quest for from the House. information of all Senators, tomorrow peace and democracy continues to in- The PRESIDING OFFICER. The from 9:30 in the morning until 11:30, the spire people around the world. Arme- clerk will report. Senate will be in a period of morning nians who have emigrated to other The assistant legislative clerk read business to accommodate a number of countries, especially those in my home as follows: Senators wishing to speak. State of Rhode Island, bring their tra- A bill (H.R. 1225) to make a technical cor- At 11:30, the Senate will begin consid- ditions with them. They enrich the cul- rection to title 28, United States Code, relat- eration of S. 562, the reverse mortgage ture and contribute much to the soci- ing to jurisdiction for lawsuits against ter- bill. Under the agreement, there will be ety of their new homelands. rorist states. 1 hour for debate on that bill. However The continuing reports of the recent Mr. ROBERTS. Mr. President, I ask it is our understanding that no Senator atrocities committed in Bosnia reaf- unanimous consent the bill be deemed will request a rollcall on passage, firm the importance of our commit- read a third time, passed, the motion therefore, with that in mind, Senators ment to always remember the Arme- to reconsider be laid upon the table and should not expect rollcall votes to nian genocide. As long as hate and in- that any statements relating to the occur during Friday’s session of the tolerance are a part of our world, we bill be placed at the appropriate place Senate. must be vigilant. We must stand as in the RECORD. On Monday, April 28, the Senate will witnesses to protect people from perse- The PRESIDING OFFICER. Without debate the motion to proceed to S. 543, cution for the simple reason that they objection, it is so ordered. The bill (H.R. 1225) was deemed read regarding protections to volunteers. A are different. three times and passed. cloture motion will be filed tomorrow I hope to visit Armenia in the near on this issue, which will call for a clo- future. I wish to see the treasures of f ture vote on the motion to proceed to that land firsthand and pay tribute to ORDERS FOR FRIDAY, APRIL 25, S. 543 on Tuesday of next week. There- the indomitable spirit of the people of 1997 fore, the next rollcall vote will occur Armenia. Until that time, I want to Mr. ROBERTS. Mr. President, I ask on Tuesday, April 29, at 2:15 p.m. If clo- ensure the Armenian community that unanimous consent that when the Sen- ture is invoked on Tuesday, it is ex- we remember. Menk panav chenk ate completes its business today, it pected that the Senate will proceed to mornar.∑ stand in adjournment until the hour of the bill on Tuesday. Therefore, addi- f 9:30 a.m. on Friday, April 25. tional votes can be expected to occur The PRESIDING OFFICER. Without on Tuesday on amendments to the vol- objection, it is so ordered. unteer protection bill. UNANIMOUS CONSENT Mr. ROBERTS. I further ask unani- The Senate could also be asked to AGREEMENT—S. 562 mous consent that on Friday, imme- turn to any other Legislative or Execu- Mr. ROBERTS. Mr. President, I ask diately following the prayer, the rou- tive Calendar items that may be unanimous consent that at 11:30 a.m., tine requests through the morning cleared for action. on Friday, April 25, the Banking Com- hour be granted and there be then a pe- mittee be discharged from further con- riod of morning business until the hour f sideration of S. 562 and the Senate then of 11:30 a.m., with Senators permitted immediately begin consideration under to speak for up to 5 minutes each with the following limitation: 1 hour for de- the following exceptions: Senator ADJOURNMENT UNTIL 9:30 A.M. bate on the bill equally divided in the SMITH of Oregon for 30 minutes, Sen- TOMORROW usual form, there will be no amend- ator DORGAN 30 minutes, Senator Mr. ROBERTS. Mr. President, if ments in order to the bill, and follow- DASCHLE or his designee for 30 minutes, there is no further business to come being the conclusion or yielding back of Senator THOMAS or his designee for 60 fore the Senate, I now ask that the time the bill will be read for a third minutes; from 10:30 to 11:30, Senator Senate stand in adjournment under the time with no intervening action or de- GRAMS for 10 minutes, Senator KEN- previous order. bate. NEDY for 20 minutes, Senator CONRAD There being no objection, the Senate, The PRESIDING OFFICER. Without for 10 minutes, Senator WELLSTONE for at 10:48 p.m., adjourned until Friday, objection, it is so ordered. 10 minutes. April 25, 1997, at 9:30 a.m. April 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E735 EXTENSIONS OF REMARKS

INTRODUCTION, BY REQUEST, OF As we reflect today on the horrors that were ward oppression, Soviet military officials per- BILLS TO REAUTHORIZE THE initiated 82 years ago, I cannot help but be secuted him and ultimately arrested him early PROGRAMS OF THE ECONOMIC disturbed by those who wish to deny that in 1945. After his incarceration, he dis- DEVELOPMENT ADMINISTRATION these deeds occurred. Despite the overwhelm- appeared into the Soviet gulag prison camp, AND APPALACHIAN REGIONAL ing evidence to the contraryÐeyewitness ac- never to emerge again. Though the Soviets COMMISSION counts, official archives, photographic evi- claimed in 1957 that he had died in 1947 of dence, diplomatic reports, and testimony of a heart attack, reliable eyewitnesses report HON. BUD SHUSTER survivorsÐthey reject the claim that genocide, sightings of Wallenberg long after that year. OF PENNSYLVANIA or any other crime for that matter, was per- To this day, no one outside of Russia knows IN THE HOUSE OF REPRESENTATIVES petrated against Armenians. Well, history tells what truly happened to Wallenberg, whether Thursday, April 24, 1997 a different story. he is still alive, or when he may have died. Let me read a quote from Henry Morgen- On this occasion, it is wholly appropriate to Mr. SHUSTER. Mr. Speaker, today I am in- thau, Sr., U.S. Ambassador to the Ottoman also honor the hard work and dedication of the troducing, by request and with the bipartisan Empire at the time: ``When the Turkish authori- late Lillian Hoffman of Denver, CO, who leadership of the Transportation and Infra- ties gave the orders for these deportations, worked tirelessly to ensure that Wallenberg's structure CommitteeÐRanking Member OBER- they were merely giving the death warrant to contributions to the world lived on. She pur- STAR, Public Buildings and Economic Develop- a whole race; they understood this well, and, chased and donated the bronze bust of Raoul ment Subcommittee Chairman KIM, and Rank- in their conversations with me, they made no Wallenberg that currently resides in the Cap- ing Subcommittee Member TRAFICANTÐtwo particular attempt to conceal the fact * * *'' itol rotunda. During her own distinguished life- administration bills to reauthorize the pro- The world knows the truth about this tragic time, Lillian spent more than two decades grams of the Economic Development Adminis- episode in human affairs. We will not allow working to further the cause of human rights tration and the Appalachian Regional Commis- those who wish to rewrite history to absolve wherever they were in danger or violated. sion. themselves from responsibility for their ac- Continuing the legacy of Raoul Wallenberg, The administration bills form a good starting tions. This evening's event here in the House Lillian chaired the Colorado Committee of point for reauthorization and reform of the proof Representatives is testament to that fact. I Concern for Soviet Jewry. In this capacity, Lil- grams of both of these agencies. In particular, would like to once again thank the organizers lian personally assisted numerous people who I am pleased to note that the legislation incor- of this event and I would like to once again re- were persecuted in Russia and the Soviet porates many of the reforms in the reauthor- affirm my sincere thanks for being given the Union because of their religious beliefs. She ization bill (H.R. 2145) reported by the Trans- opportunity to participate in this solemn re- helped them obtain exit visas so they could portation and Infrastructure Committee last membrance. begin new lives in freedom in Israel and the Congress. f United States. It was one of the most enjoy- Both of these agencies enjoy broad, biparti- able experiences of my career knowing and san support in the House. The Transportation HONORING RAOUL WALLENBERG working closely with Lillian for so many years. and Infrastructure Committee is prepared to AND LILLIAN HOFFMAN Her passing, like that of Wallenberg's, was move in an expeditious manner to consider mourned by all freedom and tolerance loving the relevant issues and report reauthorization HON. DAN SCHAEFER peoples around the world. legislation. It is my expectation that the author- So, today it is fitting to salute both Raoul ization will be combined into one bill, as has OF COLORADO IN THE HOUSE OF REPRESENTATIVES Wallenberg for his humanitarian deeds and Lil- been the custom of the committee. lian Hoffman for her generosity in donating the Thursday, April 24, 1997 f bust of Raoul Wallenberg to the people of the COMMEMORATING THE 82D ANNI- Mr. DAN SCHAEFER of Colorado. Mr. United States. In Raoul and Lillian's honor, we VERSARY OF THE ARMENIAN Speaker, today at 10:30 a.m. at the U.S. Holo- must never forget what transpired during that GENOCIDE caust Memorial Museum, the U.S. Postal dark chapter in human history, nor the shining Service will unveil its new postage stamp hon- acts of personal bravery that guided us HON. SUE W. KELLY oring Raoul Wallenberg. This is a fitting tribute through it. By so doing, both Raoul and Lillian to a great man whose contributions to human- OF NEW YORK will live on through all of us. ity deserve to live on in perpetuity. IN THE HOUSE OF REPRESENTATIVES f Raoul Wallenberg was a young Swedish Thursday, April 24, 1997 diplomat who risked his own life in rescuing HONORING 50 YEARS OF Mrs. KELLY. Mr. Speaker, I am pleased to many tens of thousands of Hungarian Jews GOVERNMENT SERVICE stand and join with my colleagues in com- during World War II. Through great acts of memorating the 82d anniversary of the Arme- personal bravery, Wallenberg saved many HON. STENY H. HOYER nian genocide. I would like to thank the other would-be victims of the Nazi executioners by OF MARYLAND members of the Congressional Caucus on Ar- providing Swedish protective passports to IN THE HOUSE OF REPRESENTATIVES menian Issues, and particularly the cochair- thousands of Jews he had never met. He Thursday, April 24, 1997 men Mr. PORTER and Mr. PALLONE, for their pulled some out of death trains and others tireless efforts in organizing this fitting tribute. from the ranks of death marches. Mr. HOYER. Mr. Speaker, I rise to pay trib- On April 24, 1915, 82 years ago today, the In one notable incident, Wallenberg, a ute today honoring Mr. Robert E. Waxman, a nightmare in Armenia began. Hundreds of Ar- slightly built 32-year-old, boldly threatened a career civilian with the Department of the menian religious, political, and educational Nazi general preparing to bomb a Jewish Navy. leaders were arrested, exiled, or murdered. ghetto to the ground. Through this intervention Mr. Speaker, for the past 50 years, Bob These events marked the beginning of the alone, some 70,000 Jews were saved from Waxman has and continues to serve this Na- systematic persecution of the Armenian peo- death. He demonstrated how a strong char- tion and the U.S. Navy with his unceasing ple by the Ottoman Empire, and also launched acter and unwavering determination could commitment to excellence. Today, I pause to the first genocide of the 20th century. Over the force even the brutal Nazi occupiers to spare pay tribute to this great public servant be- next 8 years, 1.5 million Armenians were put some of the Hungarian Jews who had been cause it is apparent that Bob Waxman has no to death and 500,000 more were exiled from marked for death. intentions of slowing down any time in the their homes. These atrocities are among the Upon the cessation of hostilities in World near future. There are many measures to ex- most cruel and inhumane acts that have ever War II, Wallenberg's trials did not likewise amine the life and labors of an individual. been recorded. end. Because of his implacable hostility to- Some would point to aptitude, attitude, or the

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E736 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 1997 extent of achievements accumulated. How- sector, he continues to lead by example. It race held in Dedham, MA, that artfully accom- ever, although these are typically the norm, it would be difficult to find a manager either in plishes a dual celebration of both Irish literary has been said: ``The measure of a man is not the Government or in the private sector who heritage and athletic prowess. The 14th Ram- intellect or natural talent, but what does it take has more energy, enthusiasm, and drive than ble will take place on April 27, 1997. This to make a man quit.'' Bob Waxman. He has always sought to year's event will commemorate the 75th publi- Mr. Speaker, the individual I salute today is achieve and operate similar to a private busi- cation anniversary of `Ùlysses,'' James an extraordinary leader within our civil service. ness. He has maintained throughout his ca- Joyce's vivid portrayal of a typical day in Dub- Robert E. Waxman grew up in Baltimore, MD, reer that the only way to survive in a competi- lin through the experiences of the main char- and began his illustrious career in the Army tive environment is to ensure that the maxi- acter, Leopold Bloom. Air Corps during World War II, serving 24 mum amount of each dollar is spent delivering The race not only extols the memory of months as a flight officer. Bob Waxman first a product to the customer and not for covering James Joyce but also donates all proceeds arrived in southern Maryland in June 1949 as unnecessary overhead expenses. As a result, from sponsors and entry fees a very worthy a student aid working at the Naval Air Test his leadership has been identified as having cause, the Dana Farber Cancer Institute in Center at Patuxent River, MD. After graduat- one of the lowest overhead rates of any Gov- Boston. The funds raised through the Ramble ing from the University of Maryland in June ernment organization, averaging 20 to 22 per- will support the cancer institute's life-saving re- 1950, he worked briefly for the Army Signal cent. search, which will bring us one step closer to Depot in Baltimore as a laboratory electronics Maintaining a lean operation has enabled a cure for this disease that has tragically af- mechanic until accepting a full-time position on Bob Waxman and the St. Inigoes organization fected so many of our families and friends. January 15, 1951, at the Patuxent River Naval to successfully compete against the private Not merely a charity event, the race also Air Station as an electronic engineer. sector in the late 1970's for the communica- calls attention to human rights violations in By the mid-1950's, Bob Waxman was the tions equipment installation for all AEGIS class various nations. In the past, each James chief engineer for the Navy air navigation elec- ships. since the successful bid, they have de- Joyce Ramble has focused on one particular tronics project, a group of 57 personnel shar- livered over 50 ships without ever missing a author whose writings have entreated for re- ing a hangar at the Naval Air Test Center, Pa- cost or time schedule and without any claims spect for human rights. Writers recognized tuxent River, MD. In 1958, he was named as against them. This outstanding record has re- previously include Vaclav Havel of Czecho- the technical director of this organization sulted in 14 consecutive AEGIS Excellence slovakia, Aung San Suu Kyi of Burma, and Xu which grew to become a separate command Awards. Wenli of China. This year the race has been at Webster Field, St. Inigoes, MD. Incredibly, It is obvious that Mr. Waxman is an exem- dedicated to Wei Jingsheng, a jailed Chinese he still is the head of the same basic organi- plary manager, but his personal style is also author who has used the pen as a powerful zation which has undergone many reorganiza- very distinguished. His philosophy has always tool to decry social and political injustice in his tions and grown tremendously under his lead- been the open-door policy and his honest, homeland. ership. Today, his entity encompasses forthright approach has been instrumental in Again, I applaud the organizers of the 500,000 square feet of administrative and lab- implementing a practical equal employment James Joyce RambleÐand wish all the par- oratory space on station and another 400,000 opportunity environment with favorable work- ticipants a competitive race. square feet off station laboratory. At its peak ing conditions for all. He has been a mentor f in 1991 prior to the base realignment and clo- to his employees and two of his former depart- sure process, this organization had 2,861 per- ment heads became technical directors of TRIBUTE TO WILLIAM GAITER sonnel, of which 353 were civil servants, and other Navy Systems Command field activities. the other 2,508 were support contractors. With Mr. Speaker, I am honored to bring to the HON. JACK QUINN less than 350 civil servants, his organization attention of my colleagues the outstanding OF NEW YORK grew to a peak business base in fiscal year achievements and dedication of one of our IN THE HOUSE OF REPRESENTATIVES 1994 of $566 million total obligational author- Government's finest. I have had the distinct Thursday, April 24, 1997 ity. honor to have worked with Bob Waxman very Mr. Speaker, I want to bring this story to the closely and have enjoyed his quick wit, tireless Mr. QUINN. Mr. Speaker, I rise today in attention of others because it is a tremendous dedication, and persistence. I am a great ad- memory of Mr. William L. Gaiter. success story of how entrepreneurial civil mirer of the tremendous work he continues to Mr. Gaiter dedicated his life to building a service managers can be in our Government. do for our great Nation and I ask my col- better community for all. His love for the com- Long before U.S. managers in Government leagues to join me in saluting this truly out- munity was exhibited through his tireless com- and the private sector began embracing the standing public servant today as he celebrates mitment to social change and civil rights for principles of Dr. Edwards Deming and other 50 years of service to the U.S. Government. everyone. management gurus, Bob Waxman was apply- His career has served as an inspiration to As an activist and civil rights leader, Mr. ing those techniques touted today as nec- countless managers, both in the public and Gaiter was instrumental in improving the qual- essary for success. Empowering employees is private sectors. His dedication and love for his ity of education in Buffalo by persuading the a technique that has been a hallmark of Bob job is a rarity today. Not many people can Board of Education to establish the BUILD Waxman's since he became a manager in the claim to have remained as the manager of an AcademyÐBuild Unity, Independence, Liberty, early 1950's driving decisionmaking to the low- entity for as many years as he has, persever- and DignityÐof which he served as president. est levels of the organization. ing through several challenging attempts to Along with Claudia Sims and Judson Price, His management philosophy drove his orga- close it. Through all this, Bob Waxman has Mr. Gaiter organized the first Juneteenth Fes- nization to grow its business base rapidly even accrued over 4,400 hours of sick leave and tival, a western New York celebration of Afri- during times when he could not hire additional lives by the motto: ``putting in a full, day's work can-American culture. civil servants, never exceeding 400 civil serv- for a full day's pay''. Bob Waxman's leader- In addition, Mr. Gaiter served as Erie Coun- ants. Through partnering with the private sec- ship and loyalty remind us all that it truly is ty's equal employment opportunity coordinator tor, Mr. Waxman continued to accept new cus- greater to give than receive. His ongoing serv- in 1983, and headed the Student Timeout for tomers and new business while delivering ex- ice and sacrifice continues to renew and re- Academic Renewal [STAR] counseling pro- cellent service to a very broad and diverse mind us all that the human spirit was never in- gram. customer base. As a result of the innovative tended to be selfish but selfless. Mr. Gaiter touched the lives of people both business approaches he has applied, this f in the United States and beyond. In 1984, as small Navy organization supports, they today organizer of the Western New York Council for have a long and diverse list of customers in- THE JAMES JOYCE RAMBLE: A African Relief, Mr. Gaiter selected an African cluding many non-DoD agencies. Bob Wax- FINE ARTS RUNNING EVENT community, and developed cultural, economic, man's management philosophy should serve and social ties between it and western New as the model for any agency today when the HON. JOHN JOSEPH MOAKLEY York. He led a delegation to the Senegalese Government is being asked to do more with OF MASSACHUSETTS village of Malika to deliver money raised by less. IN THE HOUSE OF REPRESENTATIVES 47,000 Buffalo schoolchildren. Mr. Gaiter's ex- Mr. Speaker, Bob Waxman is one of the ceptional life of community service and activ- Government's most productive managers. Thursday, April 24, 1997 ism serves as an example of what we should Even today, long after he could have retired Mr. MOAKLEY. Mr. Speaker, I rise today in all be aboutÐlove, love of God, and love for and made much more money in the private support of the James Joyce Ramble, a 10K our fellow man. April 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E737 Mr. Speaker, today I would like to join with so involved in the democratic process that he Congressional District, Ms. Juanita White, an the city of Buffalo, and indeed, our entire thought to make sure that the last four digits active civic leader from the Springdale Civic western New York community, to honor Mr. of his home phone number spelled. VOTE. Association at Bailey's Crossroads, VA. Jua- Gaiter, a true community leader. I would also Mike understood what people cared about. nita was born here in Washington, DC, and like to convey to the Gaiter family my deepest He understood their hopes. He cared that their grew up in Fairfax County, where she has gra- sympathies, and ask my colleagues in the dreams were foremost in the minds of elected ciously spent her time and energy giving back House of Representatives to join with me in a officials. to our community. Juanita has contributed moment of silence. Mike left his wife, Irene, daughters Nicole over 26 years to our county school and park f and Michelle, and son Michael. We will all systems, and has always devoted herself to miss him greatly. working with the area's children. She served REMEMBERING CHAD W. f as president of Missions Ministry and also of SCHUBERT OF DOVER, OH the Social Seniors of Bailey's Community Cen- TRIBUTE TO CRIME VICTIMS ter. HON. ROBERT W. NEY HON. MICHAEL R. McNULTY Mrs. White has also been active in chil- OF OHIO drens' activities at the community center, and OF NEW YORK is a constant volunteer and leader for the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Springdale Civic Association. This active and Thursday, April 24, 1997 Thursday, April 24, 1997 committed spirit is only one of the endearing Mr. NEY. Mr. Speaker, I rise today to re- qualities which will be celebrated by all her Mr. MCNULTY. Mr. Speaker, this month, the family and friends on April 26, 1997, as they member Chad W. Schubert of Dover, OH, and Nation observed Crime Victims' Rights Week, gather to applaud her amazing contributions to to extend my sympathies to his parents, Joe which was geared to the theme: ``Let Victims' the northern Virginia area. and Kathy Schubert, and to his brother Joey Rights Ring Across America.'' This annual ob- and sister Heather. servance is a recognition of the victims of I am sure her friends and family as well as Chad passed away following an industrial criminal acts and an expression of confidence all of the citizens in the 11th District of Virginia accident on March 28, 1997. He had volun- that we will soon have in place all the nec- join me in wishing her well as we all share in teered his time and energy on my congres- essary legislation to ensure justice and assist- the joy of this momentous occasion. I look for- sional campaigns, and was always willing to ance for the victims and their families. ward to wishing you many happy birthdays in do anything he could to help. Chad showed It is gratifying to see that this important the future. his dedication to the community and to others issue is being addressed by the House and through his graduating from Traynor's Police Senate. f Academy in Canton, OH. I appreciate Chad's As a strong supporter of victims' rights, I TRIBUTE TO COLDWATER CHAP- integrity and his dedication to his country and take this occasion, Mr. Speaker, to recognize TER OF THE ORDER OF THE to his community. the work of the Capital District Coalition for EASTERN STAR My thoughts and sympathies are with the Crime Victims. This organization represents Schubert family for the loss of their son and the collaborative efforts of crime victims, victim brother. I am certain that these feelings are advocates, victim service providers, agencies HON. NICK SMITH shared by everyone who was fortunate to of the justice system, and my constituents in OF MICHIGAN have known Chad. I ask my colleagues to join the 21st Congressional District of New YorkÐ IN THE HOUSE OF REPRESENTATIVES me in remembering Chad Schubert and his as well as surrounding districts. family in their prayers. He will be missed. The coalition's mission is to increase public Thursday, April 24, 1997 f awareness about the effects of crime and vic- Mr. SMITH of Michigan. Mr. Speaker, today, timization, and work for fair and equal treat- I would like to recognize the Coldwater Chap- MICHAEL DEGRANDIS ment of those who have been victims of ter of the Order of the Eastern Star [OES]. REMEMBERED crimeÐand their families. This group has contributed to the Branch The coalition had its beginnings in 1988. It County community in countless ways. Just HON. DENNIS J. KUCINICH is chaired by Ms. Patricia Gioia, of Waterford, one of their notable contributions was hosting NY, who is also capital district chapter leader OF OHIO a welcome home reception for returning gulf of POMC [Parents of Murdered Children], and IN THE HOUSE OF REPRESENTATIVES war soldiers, including parades around the other survivors of homicide victims. The coali- county and providing food for all of the veter- tion cochair is Ms. Flo Derry, coordinator of Thursday, April 24, 1997 ans and their families. OES also provides gen- the Albany County CCVAP [Comprehensive Mr. KUCINICH. Mr. Speaker, I rise to note erous scholarships to area students every Crime Victim Assistance Program]. the passing of Michael DeGrandis. Mr. year. These are just a few of the shining ex- This year, a major coalition event was the DeGrandis was the dean of community politics amples of the organization's dedication to the dedication of the Brick Memorial Walk Way at in Cleveland. He possessed a keen under- betterment of south central Michigan. While the New York State Crime Victims Memorial, standing of the political process and enabled it's difficult to surmise all of OES's contribu- located directly behind the legislative office many Clevelanders to make a difference. tions because of their belief in anonymous building near the Swan and State Streets charity, the group's existence has been an Mike was born in Cleveland, where he grew intersection in Albany. Each brick of the walk enormous benefit to the community. in the Buckeye-Woodland neighborhood. He way is inscribed with the name of a crime vic- graduated from Cathedral Latin High School tim. Today, I would like to take the opportunity to and served in the Army as a radio controller This walk way will serve as a monument to do more than just recognize the Coldwater in Okinawa during the Vietnam war. the victims of criminal acts of violence. It also Chapter of the OES for their philanthropic Mike worked for the city of Cleveland as a sends an important message that we shall do works, I would also like to congratulate them housing inspector. He then worked as an ex- all in our power to protect the rights of victims as they celebrate 130 years of existence. It aminer with the Ohio auditor's office. Following of crime. was in 1867 that the first members of the Order of the Eastern Star, Coldwater Chapter that, he became an assistant business man- f ager for the Cleveland public schools. Later, No. 1, began official meetings in Branch he served as an assistant chief deputy for the HONORING JUANITA WHITE County. It is now the oldest surviving chapter civil branch of the Cuyahoga County Sheriff's in the United States, having maintained its tra- Department. HON. THOMAS M. DAVIS ditions since its birth. Mike's political involvement was far reach- OF VIRGINIA The Coldwater Chapter of OES has given ing. He attended every Democratic convention IN THE HOUSE OF REPRESENTATIVES years of priceless assistance to Branch Coun- since 1964, and was a delegate to last sum- ty, MI, and it deserves our laurels. Their dedi- mer's convention in Chicago. He was also co- Thursday, April 24, 1997 cation and selflessness is truly an honor to the host of a weekly radio show, ``Democratic Mr. DAVIS of Virginia. Mr. Speaker I rise State of Michigan and the national Order of Point of View,'' on WERE AM/1300. Mike was today to honor a leading citizen of the 11th the Eastern Star. E738 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 1997 SALUTE TO DR. FRANK AND ELSIE By 1957, Ed Clark had become the head generations never again have to bear witness WITMAN wrestling coach at Bedford, and served in that to such inhuman behavior and feel the pain capacity until 1974. The teams he led as head and suffering of an entire people. The crime of HON. ELTON GALLEGLY coach compiled an incredible record of 129 genocide must never again be allowed to mar OF CALIFORNIA wins versus only 24 losses and 1 tie. His suc- the history of humankind, and today we stand IN THE HOUSE OF REPRESENTATIVES cess has contributed greatly to the legacy of with our Armenian brothers and sisters, not Pennsylvania wrestling. Ed Clark coached only to remember and share in their grief for Thursday, April 24, 1997 Bedford to five undefeated seasons, another those who died, but to celebrate those who Mr. GALLEGLY. Mr. Speaker, I would like to five seasons with only one loss, won 10 dis- are living. recognize Dr. Frank Witman and his wife Elsie trict titles, and never coached a losing team f for 28 years of outstanding service to the Unit- despite having consistently competed against VETERANS’ BENEFITS CLAIMS ed Methodist Church and the community of the top teams in the region. ADJUDICATION Simi Valley, CA. He also found the time to coach football and Dr. Witman, along with his wife Elsie, have golf at Bedford High School during his career, dedicated their lives to helping others. Or- while he retired in 1992 after teaching physical HON. DAN SCHAEFER dained in the United Methodist Church in education and health for 42 years. Ed Clark's OF COLORADO 1957, Dr. Witman served in several congrega- accolades as coach were duly noted when he IN THE HOUSE OF REPRESENTATIVES tions before being appointed pastor in charge was recently elected to the Pennsylvania Thursday, April 24, 1997 Wrestling Hall of Fame. I would also like to of the Simi Valley United Methodist Church in Mr. DAN SCHAEFER of Colorado. Mr. recognize the fact that at a time when the spe- 1969. Speaker, as in past Congresses, it is crucial cial needs of the physically handicapped were His involvement in the community extends that veterans' issues remain at the top of the largely ignored, Ed Clark made it a point to beyond the doors of the church. He has been agenda. Serving on the House Veterans' Af- make the necessary adjustments and accom- actively involved in Rotary International for fairs Committee, I am constantly impressed by modations to meet the needs of those special over 35 years and has achieved a perfect at- the bipartisanship that is demonstrated. This is tendance record. Dr. Witman has been a po- individuals in his physical education classes. Mr. Speaker, I will close by thanking Ed due to the leadership of Chairman BOB STUMP lice chaplain with the Simi Valley Police De- and Democratic Ranking Member LANE partment since 1978 and a volunteer chaplain Clark for his outstanding service to the area in which he and I live. He is a true community EVANS. at the Simi Valley Hospital and Care Services One of the most pressing problems that role model and his efforts as a teacher, coach, since 1983. both sides of the aisle are concentrating on is and mentor are a testament to his firm com- In 1992, Dr. Witman began to coteach a that of adjudication of veterans' benefits mitment to those whose lives he has touched. weeklong church administration and finance claims. The publication of a General Account- f class for students and pastors at the Clare- ing Office report in September 1995, closely mont School of Theology. In addition to his ARMENIAN GENOCIDE followed by issuance of the Veterans' Claims practical experience, Dr. Witman was uniquely Adjudication Commission's report in December qualified to teach the course because of his SPEECH OF 1996, has brought this issue to the fore. Some role as both a member of the board of direc- HON. STENY H. HOYER of the findings are truly troubling. tors for the United Methodist Federal Credit OF MARYLAND As of May 1995, over 450,000 veterans Union and eventually as its chairman. IN THE HOUSE OF REPRESENTATIVES were waiting on decisions for their appeals for After his wife of 44 years, Dr. Witman's sec- pension or compensation claims. A veteran Wednesday, April 23, 1997 ond love is his local church. He has served his waits, on average, 21¤2 years for a decision to church and community tirelessly for 28 years. Mr. HOYER. Mr. Speaker, today we sol- finally be rendered. He is an inspiration to all and I wish he and emnly commemorate the massacre of Arme- This is unconscionable. When times are his wife much happiness in their retirement. nians in Turkey during and after the First tight, an almost 3-year wait for benefits can f World War. We mourn the dead, and express seem like a lifetime. Especially considering our condolences to their living descendants. that these benefits were earned through dedi- A TRIBUTE TO EDWARD CLARK During that terrible tragedy, an estimated 1.5 cated and oftentimes hazardous service to our million people were killed in what historians country. HON. BUD SHUSTER call the first of this century's state-ordered What is being done? The House Veterans' OF PENNSYLVANIA genocides against a minority group. Affairs Committee has prepared a schedule to IN THE HOUSE OF REPRESENTATIVES While the tragic events leading to the adequately address this issue in the 105th deaths of millions of Armenians occurred at Thursday, April 24, 1997 Congress. A full committee hearing to review the beginning of this century, their impact on the Adjudication Commission's report is Mr. SHUSTER. Mr. Speaker, there are three the psyche of the Armenian people, and in- planned for later this spring. This will allow things that are of the utmost importance to deed the entire world are still apparent. The members of the committee to further inves- Pennsylvanians: family, religion, and work. I effects of such atrocities on a people are tigate the work of the Commission and to de- would like to note that amateur wrestling could never overcome. Many can still testify to the bate possible means of rectifying some of the be added to that category. Wrestling's zealous deportations and massacres of family mem- concerns that have been raised. and fervent following in Pennsylvania is unlike bers and friends. Others can read or view pic- An active oversight plan is also on the any place else. I rise today, Mr. Speaker, to tures of the abominations, and all Armenians, agenda. In fact, the committee has a list of 58 pay tribute to a Pennsylvanian who has dedi- young and old, live with the knowledge that programs, agencies, and issues to follow up cated his life to the sport and its participants, their people's existence was seriously jeopard- on. The goal of oversight is to bring any defi- Ed Clark. ized during the last years of the Ottoman Em- ciencies to light so that solutions can be found He was recently described by a colleague pire. to ensure that veterans' benefits are not un- as being, `À beloved and highly competent Mr. Speaker, the world must be reminded justly interrupted, and to guarantee the integ- teacher, coach, and athletic director.'' Ed Clark over and over of the brutal crimes perpetrated rity of all Veterans' Administration Programs. graduated from Bedford High School in 1944, against the Armenian people. Unfortunately, The House in the 105th Congress has al- having been a district champion wrestler. He history's lessons are not easily learned and ready taken action on H.R. 1090, a bill to entered the U.S. Army and after World War II, put into practice. This century has been wit- allow for revision of veterans' benefits deci- matriculated to the Pennsylvania State Univer- ness to unparalleled human suffering and un- sions based on clear and unmistakable error. sity where he was a member of the wrestling matched human cruelty. The Armenian geno- This represents a minor step to ameliorating team. Upon his graduation from Penn State, cide was the first attempt to wipe out an entire the negative impact of the backlog in adjudica- he returned to his boyhood home of Bedford people. The failure to recognize it gave Hitler tion claims. Cases involving clear and unmis- to begin his teaching career at Bedford High confidence. Since then, we have seen the kill- takable errors are few, but any eliminations School in 1950. Once there, he rejoined his ing fields of Pol Pot, the horrors of ethnic from the docket will be welcome. I would urge old high school wrestling team, this time serv- cleansing in Bosnia, and the tragedy of Rwan- the Members of the Senate to act expedi- ing in the capacity as an assistant coach to da. tiously on this matter. his old mentor, Hall of Fame coach Francis Mr. Speaker, it is imperative that each of us The adjudication process for veterans' bene- ``Whitney'' Koontz. work to ensure that our generation and future fits claims has been recognized as an area of April 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E739 immediate importance. With continued biparti- Citizen in 1989, and the 1989 recipient of the able talent and stellar career are sources of san cooperation, the House Veterans' Affairs University at Buffalo's Distinguished Citizen pride for the residents of Ohio's 18th district. Committee will be better able to affect a de- Award. I share their pride, and ask my colleagues to crease in the backlog of pending cases. I On April 21, 1997, the Buffalo community join me in congratulating Phil Niekro on his in- pledge to continue working toward this end. lost one of its greatest men. A man whose duction to the Baseball Hall of Fame and to f dedicated and charitable community service, wish him continued success. hard work, commitment to Buffalo's develop- f TRIBUTE TO BURT P. FLICKINGER, ment, personal strength, unparalleled integrity, JR. and vibrant love of life serve as an inspiration ON THE 50TH WEDDING ANNIVER- to us all. SARY OF MILDRED AND JOHN HON. JACK QUINN During a tribute in 1988, John Walsh III, BURDA OF NEW YORK CEO of Walsh Duffield Cos. put it bestÐ``We IN THE HOUSE OF REPRESENTATIVES see Mr. Flickinger as a humble, quiet, forceful, HON. DENNIS J. KUCINICH Thursday, April 24, 1997 and thoroughly professional servant of his OF OHIO community, and we are educated by his kind- IN THE HOUSE OF REPRESENTATIVES Mr. QUINN. Mr. Speaker, I rise today in ness and compelling example of leadership.'' Thursday, April 24, 1997 memory of Mr. Burt P. Flickinger, Jr. Mr. Speaker, today I would like to join with Throughout his life, Burt Flickinger tirelessly the city of Buffalo, and indeed, our entire Mr. KUCINICH. Mr. Speaker, I rise to honor dedicated himself to the enhancement of our western New York community, to honor Mr. the enduring commitment of two people to western New York community. A prominent Burt P. Flickinger, Jr., who is survived by his each other on the 50th wedding anniversary of Buffalo businessman who began in his family's wife, Mary Ewing Ryan Flickinger; his brother, Mildred and John Burda of Ohio. business as a floor sweeper, Mr. Flickinger led Peter; his children, Burt III, Molly Flickinger Both Mildred and John are native Ohioans; his company to national prominence as a pre- Ford, and Catherine ``Bambi'' Flickinger Mildred hailed from Canton, and John from miere food supplier and distributor. Insistent Schweitzer; his stepchildren, Peter Ryan, Cleveland. They married in 1947, raised a on earning his way to the helm of his family's David Ryan, and Molly Ewert; and his seven family, built careers and nurtured their love for company, Mr. Flickinger served as a division grandchildren and two stepgrandchildren for each other in the Cleveland area. John stud- manager, secretary, senior vice president, and his dedicated service to our western New York ied nights and mornings to earn his associ- eventually president. community. To that end, I would like to convey ate's degree at John Carroll University and Burt Flickinger was No. 1 in his campus to the Flickinger family my deepest sym- Mildred typed his papers. John worked his school class, attended the Nichols School and pathies, and ask my colleagues in the House way up the ladder at Cleveland Electric Illu- Philips Exeter Academy, and graduated of Representatives to join with me in a mo- minating, starting as a lineman and rising to magna cum laude from Harvard University. ment of silence. supervising foreman after 40 years. Mildred A true leader in recycling, Mr. Flickinger and We will all miss Mr. Flickinger very much. raised their four children. When the youngest his wife demonstrated a strong commitment to f graduated high school, Mildred went to work protecting our environment. To that end, Mr. as a bookkeeper at the Church of the Sacred Flickinger helped craft New York State's re- HONORING PHIL NIEKRO ON THE Heart, where she worked for 15 years. turn-deposit recycling bill, created the Bev- OCCASION OF HIS INDUCTION TO As recalled by their children, Mildred and erage Industry Collection and Sorting com- THE BASEBALL HALL OF FAME John were always supportive of and affection- pany [BICS] for food manufacturers and retail- ate with each other. When their young friends ers, and initiated a recycling of plastics pro- HON. ROBERT W. NEY would come over for Mildred's chop suey, they gram for area supermarkets. OF OHIO would be treated to Mildred and John, holding In 1988, Mr. Flickinger spearheaded the ef- IN THE HOUSE OF REPRESENTATIVES hands as if they had just returned from their fort to bring the 1993 World University Games first date. to Buffalo. By accomplishing this difficult task Thursday, April 24, 1997 In retirement, both are active. They are en- in his typical volunteer basis, Buffalo became Mr. NEY. Mr. Speaker, I rise today to pay gaged with their community as members of the first American city to host this prestigious tribute to an outstanding citizen who was their parish council. They travel widely visiting international event. Built for the games, Buf- raised in Ohio's 18th District. The 14th children around the country. They also cross- falo now boasts an impressive 18,000-seat winningest pitcher in the history of major- country ski in Cleveland's snowy winters, cycle football stadium at the University of Buffalo, a league baseball, Phil Niekro, has been voted and walk. new aquatic center in the town of Tonawanda, into the Baseball Hall of Fame after a distin- Their enduring love for each other is a gift and a world-class swimming pool and athletic guished and celebrated career. to all who know them. After 50 years, both Mil- complex at the Erie Community College City Phil Niekro has shown uncommon dedica- dred and John are sure that if they had their Campus, appropriately named the Burt tion and excellence in baseball. He learned lives to do over again, they would spend them Flickinger Athletic Center. the sport, and his famous knuckleball, from his with each other. Mr. Flickinger also proved instrumental in father Phil, Sr., a sandlot player. Phil began f the preservation and subsequent growth of the his career in 1959 with the Milwaukee Braves' Buffalo Philharmonic Orchestra. Heading minor league team and moved to the majors ARMENIAN GENOCIDE many major gifts campaigns and serving for full time in 1967. several years as chairman of the finance and Phil Niekro's career is one of achievement. SPEECH OF executive committees, Burt Flickinger almost On October 8, 1985, Niekro recorded his HON. JOHN JOSEPH MOAKLEY single-handedly kept the orchestra from bank- 300th victory by pitching an 8±0 four hitter for OF MASSACHUSETTS ruptcy. the New York Yankees against Toronto. At 46, IN THE HOUSE OF REPRESENTATIVES Another important project to Mr. Flickinger he became the oldest major-league pitcher was the Roycroft Revitalization Corp. This ever to hurl a shut-out. His accomplishments Wednesday, April 23, 1997 nonprofit organization played a vital role in the have been recognized through his selection to Mr. MOAKLEY. Mr. Speaker, I rise today to restoration of one of western New York's most four All-Star teams during his tenure with the pay tribute to the millions of victims of the Ar- enduring landmarks, the historic Roycroft Inn. Atlanta Braves. For his fielding talents, Niekro menian Genocide of 1915±23. In addition, Burt Flickinger was a four-time has won five Golden Glove awards. Although to some it may seem a long time president of the Food Industry Council, a The Atlanta Braves Career Pitching Records ago, those 8 years witnessed one of this cen- founding member of the Food Bank of West- is marked by Phil Niekro's accomplishments. tury's darkest chapters. Before planning the ern New York, director, treasurer, and a He holds the record for most years at 20 final solution in Nazi Germany, Adolf Hitler founding member of the Erie Recycling Cen- years, most games and most games started at said, ``who remembers the Armenians?'' To- ter, chairman of the New York State Food 740 games and 635 games respectively. He day's remembrance is testimony to their brav- Merchants Association, and permanent chair- also has the most strikeouts of any other At- ery and our memories. man of the Boys Town of Italy of Western lanta Braves pitcher and the most wins of any On April 24, 1915, Turkish officials rounded New York. In recognition of that extraordinary right-handed pitcher. up and murdered over 200 Armenian intellec- level of community service, Mr. Flickinger was I am honored to represent the birthplace tuals in Constantinople. During the following 8 recognized as the Buffalo News' Outstanding and hometown of Phil Niekro. His consider- years, Armenians living under Ottoman rule E740 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 1997 suffered the losses of their homes, their prop- economy as big as that of the United States. Only the modern Delphic Oracle, Green- erty, and eventually, their lives. The real issue isn’t the increase but Green- span and the Federal Reserve Board Open By 1923, only one in three Armenians had span’s history. He believes in salami tactics. Market Committee, can see the inflation in In 1994 and 1995 he raised interest rates 7 survived the genocide; 1.5 million Armenians our future. Only they can see why most times in 12 months. Each increase was small, Americans must prepare for a future of fall- were killed and half a million were deported. but in the end those 7 increases doubled in- ing wages and diminishing expectations. Or- But to this day, the Turkish Government de- terest rates. dinary mortals who must rely on real world nies the genocide took place on Turkish soil. Based upon his history, financial markets data cannot see what they see, but then we Mr. Speaker, I would like to add my name know Greenspan does not like big jumps in are only mortals—not gods. to the list of those who will not forget the interest rates and a small rate increase is To put it bluntly and simply, such deci- apt to signal that a sequence of small in- sions ought to be unacceptable in a democ- genocide and will work to make sure that fu- creases has begun and that in the end those ture generations remember as well. racy. Decisions to lower the real wages for a small increases will end up being a big jump majority of American voters must be decided Thank you, Mr. Speaker. in rates. Given this belief, it is not surpris- in a democratic context. It is popular to talk f ing the stock market started to fall in the about maintaining the independence of aftermath of Greenspan’s announcement. central bankers from the influence of poli- But the issues are far more important than CONGRESS MUST DEBATE THE tics, but that only makes sense if the central the ups and downs of Wall Street. Greenspan FED’S DECISION TO CUT BACK bankers are making sensible decisions that has indirectly signaled he believes that the ON GROWTH can be supported with hard real world data. bottom two-thirds of the American work When they ask us to believe them simply be- force should continue to get the small an- cause they are wiser than we are and can see HON. BARNEY FRANK nual real wage reductions that they have things that we cannot see, they are going be- gotten over the past quarter of a century— OF MASSACHUSETTS yond the appropriate bounds of any govern- reductions that now amount to a 20 percent IN THE HOUSE OF REPRESENTATIVES ment agency in a democracy. fall in real wages over the past 23 years. In Thursday, April 24, 1997 the most recent year for which we have com- f Mr. FRANK of Massachusetts. Mr. Speaker, plete data, 1995, real wages once again fell for both fully employed male and female HONORING 100 YEARS OF EXCEL- I believe Congress is delinquent in paying too workers. Median family income rose slight- LENCE—JOHNSON SENIOR HIGH little attention to the most significant set of ly, but only because both men and women SCHOOL, ST. PAUL, MN public policy decisions now being made in this worked more hours per year. country: namely the decision by Chairman In a market economy, wages rise for only HON. BRUCE F. VENTO Alan Greenspan and the rest of the Federal one reason—demand has to be rising faster than supply. In the past 16 years, a 2.6 per- OF MINNESOTA Open Market Committee to increase interest IN THE HOUSE OF REPRESENTATIVES rates because they believe that this country cent growth rate has led to falling wages. If the economy continues on that pace, no one Thursday, April 24, 1997 has been growing too fast economically, and should expect anything different to occur in that we must therefore cut back on growth and the future. Nothing has happened to change Mr. VENTO. Mr. Speaker, I rise today to job creation so as to avoid any possible in- demand; nothing has happened to change celebrate the 100-year anniversary of my alma crease in inflation. I should note that they supply. Yet this is precisely what Greenspan mater, Johnson Senior High School in St. maintain this even though by their own admis- is suggesting should happen with this recent Paul, MN along with the graduating class of sion there is no sign of inflation currently, and hike in interest rates. 1997. I am proud to be an alumnus of John- In his view the American economy must be even though many of them, including Chair- son High School, the ``spirit of the East Side,'' limited to a 2 to 21⁄2 percent rate of growth man Greenspan, have been unduly pessimis- on the grounds that this is all the economy as it's referred to in St. Paul. Johnson High tic in the past about the impact of reduced un- can achieve without rekindling inflation. In School has been a respected institution of employment on inflation. this environment, the pattern of falling learning in St. Paul for the past century. Twenty-five of the twenty-six Democratic wages for the bottom two thirds of the Over the years, the staff and teachers of and Independent members of the Banking American work force has to continue. Ameri- Johnson High School have shared the gift of Committee have urged the chairman of the cans cannot break out of this pattern with- learning with countless thousands of students, out a different growth path. committee to convene a full committee hearing The bottom part of the American work hundreds of whom are immigrants and new on the important issues raised by the Fed's force also needs to be reskilled and re-edu- Americans. Johnson High School has contin- decision. He has declined. I have now turned cated, but these programs cannot work with- ued to generate pride and a sense of belong- to my Republican colleagues to ask them to out faster growth. With today’s growth rate, ing in each new generation. The mission of join in this request for a hearing. Under com- real wages are falling for males at all edu- Johnson High School is to be relentless in mittee rules, if 4 of the 30 Republicans were cational levels and for women at all edu- promoting education for the common good. to join us, we would have the requisite number cational levels except those with university Certainly, my interest in public service was en- degrees. With today’s growth rates, there is couraged and guided by the educators at to require that a hearing be held. no shortage of skilled workers. To increase It seems to many of us essential that we the supply of skilled workers and do nothing Johnson High as well as the St. Paul commu- convene public hearings in the Congress in about demand would simply reduce wages nity. which Mr. Greenspan and his colleagues can faster. Johnson High School has had a close asso- defend their decision, and in which represent- If inflation were visible, perhaps one could ciation with the community and maintains a atives of business, organized labor, citizens justify drafting the bottom two thirds of the thriving identity throughout the neighborhoods groups, and others can voice their agreement American work force to be ‘‘Inflation fight- of St. Paul's East Side where many of John- ers for the U.S. of A.’’ It would not be fair son's sons and daughters still reside, work, or disagreement. The scope of the issues in- (why should they suffer all of the costs of volved here was recently made very clear in a stopping inflation), but perhaps it might be and participate. The success of current stu- cogent article Lester Thurow, former dean of necessary. But there is no sign of inflation in dents at Johnson in both scholastic and ath- the MIT Sloan School of Management, and any of the indexes. Greenspan and the Fed letic achievements continues to reflect a posi- currently a professor of economics at the can point to none—and they do not even try tive learning experience. This year's wrestling school. Because this is the single most impor- to do so. Greenspan has also testified to Con- team was a runner-up in State competition tant set of decisions now being made about gress that he believes the Boskin Commis- and the Johnson team was the top academi- the American economy, and therefore about sion is right and that today’s price indexes cally of all State wrestling teams. include at least 1.1 percentage points of ex- Johnson High School has had many distin- such related issues as how we can reduce the aggeration. With this correction, the lack of budget deficit to zero in a socially responsible inflation becomes even stronger. guished graduates throughout the Nation and way, how we can absorb hundreds of thou- Nor is there any data showing that higher the world. Warren E. Burger, Chief Justice of sands of welfare recipients into the economy, wages are about to lead to higher prices. The the U.S. Supreme Court and Wendell Ander- and how we can accommodate growing inter- preliminary data for 1996 show a small gain son, former U.S. Senator and former Governor nationalization of our economy without in- in average real wages—0.2 percent—but 1996’s of the State of Minnesota are both Johnson productivity gain was five times as big. alumni. Countless other graduates have made creased inequity. I am inserting Professor There is no economic theory under which Thurow's article here: such small wage gains far below the rate of unique contributions to the city of St. Paul, the Alan Greenspan’s move to higher interest growth of productivity can be labeled infla- State of Minnesota, and to the Nation as a rates in March was in and of itself unimpor- tionary. Yet Greenspan is saying with his in- whole. tant—after all what can a one-quarter of 1 terest rate hike that those 1996 wage in- Johnson High School has earned the right percent increase in interest rates do to an creases are too large. to be recognized for the contribution it has April 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E741 made. I am sure my colleagues will join me 2 years ago in the Contract With America ad- tive is not renewed military confrontation be- and thousands of Johnson alumni, in sharing vancing two of our top national security prior- tween our countries, but friendship. We genu- the excitement of 100 years of history. May ities: NATO enlargement and ballistic missile inely believe that NATO enlargement will en- 17, 1997, Johnson High School Centennial defense. hance the security of all countries in Europe, Day, will be proclaimed and celebrated Second, it is intended to show that, contrary including Russia. throughout St. Paul. to the conventional wisdom, both of these im- With regard to ballistic missile defense, we f portant objectives can be achieved without also try to demonstrate that our objectives can disrupting relations with Russia. be achieved in a manner that enhances Rus- MEDICARE ANTI-FRAUD NATO enlargement is a project near and sia's security as much as our own. To this AMENDMENTS ACT OF 1997 dear to my heart. This is the fourth bill I have end, the bill authorizes a program of ballistic introduced on the subject in as many years, missile defense cooperation with Russia to be HON. KAREN L. THURMAN and I am pleased to say that the three pre- carried out by the Department of Defense. vious ones were all enacted into law. I hope OF FLORIDA This program is authorized to include United that our record of congressional support bodes IN THE HOUSE OF REPRESENTATIVES States-Russian cooperation regarding early well for the bill we are introducing today. warning of ballistic missile launches from such Thursday, April 24, 1997 I believe that the work we have done in rogue states as Iran and North Korea, and co- Mrs. THURMAN. Mr. Speaker, today, I am Congress has brought the administration and operative research, development, testing, and NATO to where they are today on enlarge- pleased to join with the ranking member of the production of technology and systems for bal- ment. The Atlantic Alliance will begin the first Health Subcommittee, Mr. STARK, and Messrs. listic missile defense. round of enlargement this July. The countries SHAW and DAVIS in introducing the Medicare In addition, the bill includes provisions de- Anti-Fraud Amendments Act of 1997. We are we focused on in last year's NATO enlargement legislationÐPoland, Hungary, the Czech signed to protect the constitutional prerogative offering this legislation to weed out unscrupu- of Congress to approve arms control agree- lous providers in Medicare. This bill will not Republic, and SloveniaÐare considered the front runners for selection in July. ments with Russia bearing on ballistic missile only protect beneficiaries and respectable pro- defense. viders, but also prevent the funneling of need- The bill I am introducing today identifies two problems with the way NATO enlargement is I look forward to working with my colleagues ed health care dollars into the hands of health and the administration toward the prompt en- care scam artists. proceeding. First, we are concerned about the countries actment of this measure. In the State of Florida, we have had tremen- that may be left out of the first round of en- dous success in fighting fraud in the Medicaid largement. We think it is critical that such f Program by requiring service providers such countries not be left in any security vacuum. as Durable Medical Equipment suppliers, pri- KILDEE HONORS JUDGE KENNETH These countries must be reassured that they vate transportation companies, non-physician- SIEGEL will not be forgotten; that the door to NATO owned clinics, and home health agencies, to will remain open to them. post a $50,000 surety bond in order to partici- Second, we worry that in the rush to mollify pate in Medicaid. The bonding requirement is HON. DALE E. KILDEE Russia, concessions may be made that could no obstacle to legitimate providers, but pre- OF MICHIGAN jeopardize European security and the integrity sents a serious roadblock to Medicaid scam IN THE HOUSE OF REPRESENTATIVES and effectiveness of NATO. We are con- artists. Through the bond requirement, Florida cerned, for example, that new NATO members Thursday, April 24, 1997 has decreased the number of DME providers could be relegated to second-class status. We 62 percent, from 4,146 to 1,565 and home Mr. KILDEE. Mr. Speaker, I rise today to worry that concessions might be made that pay tribute to a longtime friend, and lifelong health agencies have decreased 41 percent could make it impossible for NATO to defend from 738 to 441; these reductions have had community leader, Judge Kenneth Siegel. On these countries effectively. We must not allow Saturday, April 26, 1997 the Greater Flint no impact on patient care. In fact, the surety NATO's decision-making structure to be com- bond requirement helped Florida to identify 49 Branch of the American Civil Liberties Union promised. will honor Judge Siegel as the ``Baltus Civil DME providers who were using post office box To reassure the countries that are not cur- numbers to bilk the Medicaid Program. Libertarian of the Year.'' rently front runners for admission, this bill di- Kenneth Siegel has spent his entire life The problems Florida has identified are not rects the President to designate additional unique to Medicaid. Medicare can clearly ben- working on behalf of people who are the most countries to receive NATO enlargement assist- vulnerable in our society. He has spoken out efit from Florida's experience. Our bill requires ance under the NATO Participation Act. Such for children and young people, he has helped Medicare to institute the same bonding re- designation would give them the same status protect senior citizens, and he made sure that quirement, a $50,000 surety bond for DME under United States law as Poland, Hungary, low-income people had equal access and rep- providers, private transportation companies, the Czech Republic, and Slovenia. The bill resentation in the judicial system. clinics that furnish nonphysician services, and gives the President 180 days in which to do home health agencies. In addition, it requires this. Kenny Siegel has also consistently de- providers to disclose all officers, directors, The bill goes on to express the sense of fended students rights to protest. When physicians, and principal partners owning 5 Congress that Romania, Estonia, Latvia, and schools try to enforce policies despite student percent or more of the service. Lithuania would make good NATO members opposition, Kenny Siegel has upheld the stu- Every Medicare dollar gained by fraudulent and should be invited to join as soon as they dent's first amendment rights. It is Ken's deep providers is a dollar lost for our senior citizens. satisfy all relevant criteria. love and understanding of our country's Con- We must end these scams, and surety bonds Regarding Russia, the bill spells out conces- stitution that led him to defend the rights of are an essential step in this fight. sions that we would consider unacceptable. those who are easily forgotten. f But then it goes on to recognize that, in prin- Mr. Speaker, Judge Siegel has always tried ciple, we should go about enlarging NATO in to ensure that justice was fair for all Ameri- INTRODUCTION OF EUROPEAN a manner sensitive to Russia's interests. Ac- cans. That is why every person who appeared SECURITY ACT OF 1997, H.R. 1431 cordingly, we approve in concept such under- before him was treated with dignity and re- takings as the NATO-Russia Charter and ad- spect. But I believe what always made Kenny HON. BENJAMIN A. GILMAN aptation of the Conventional Armed Forces in such a special judge and person was the time OF NEW YORK Europe [CFE] Treaty. he spent in the community, visiting the church- IN THE HOUSE OF REPRESENTATIVES To make clear that the purpose of NATO es, meeting with people of all economic, eth- enlargement is not to emasculate RussiaÐas nic, and racial backgrounds. Thursday, April 24, 1997 many in Moscow appear to believeÐthis bill Mr. Speaker, I ask my colleagues in the Mr. GILMAN. Mr. Speaker, I am pleased to provides the President the legal authority he U.S. House of Representatives to join me in introduce today the European Security Act of has requested to implement the so-called CFE honoring my dear friend Judge Kenneth M. 1997, H.R. 1431. Flank Agreement. Siegel. He has made my hometown of Flint, The purpose of this bill is twofold. First, it is We do this because we know of no better MI, a better place to live, and he has made designed to carry forward the work we began way to demonstrate to Russia that our objec- me, a better person. E742 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 1997 THE 1997 J.C. PENNEY GOLDEN Award was created to recognize companies, the homeless, the hungry, and the needy has RULE AWARD organizations, and individuals who have made been an inspiration to all of us who know her. outstanding contributions to community serv- Mr. Speaker, I know my colleagues join me HON. DEBORAH PRYCE ice, and/or who have improved the lives of in honoring the Best of Reston Award winners OF OHIO people in need in Reston, VA. for all of their hard work in making Reston, IN THE HOUSE OF REPRESENTATIVES Blooms Flowershop for continuous and gen- VA, an outstanding place to live and work. erous support to the community including Their daily heroics deserve recognition and Thursday, April 24, 1997 sponsoring the Random Act of Kindness Day gratitude from a grateful community. Ms. PRYCE. Mr. Speaker, today I rise to where thousands of roses were distributed f pay tribute to the outstanding philanthropic ef- throughout the community. Blooms also pro- forts of the 17 semifinalists for the 1997 J.C. vides arrangements to the elderly and to non- THE FEDERAL REGULATORY Penney Golden Rule Award. I am proud to profit groups for events. Owners Karen BURDEN represent these people and organizations in Weinberg and Gail Dobberfuhl will receive the Congress, for their commitment and devotion award on behalf of the business. HON. SUE W. KELLY to the central Ohio community is truly exem- Lawrence Cohn owner of Lakeside Phar- OF NEW YORK plary. macy, who for 25 years, has reached out to IN THE HOUSE OF REPRESENTATIVES The Golden Rule Award ceremony publicly those in need. Typical of an old-fashioned Thursday, April 24, 1997 honors local volunteer efforts, and is pre- pharmacy, Cohn provides a friendly ear, ad- sented in more than 200 markets in 45 States. vice and encouragement to his customers. Mrs. KELLY. Mr. Speaker, I rise this The 1997 semifinalists have proven them- Rising above the call of duty, Cohn has ad- evening to discuss the burden that Federal selves to be amply deserving of this recogni- ministered eye drops to those unable to do so regulations place on the American economy, tion, having demonstrated continued, selfless for themselves, delivered medicine, supplied especially our small businesses. While we are sacrifice to the Columbus, OH, area. They groceries at the pharmacy, provided jobs for all familiar with this problem, and commend serve as a model to us all. teenagers, and given prescriptions to those at the steps taken during the 104th Congress to America's generosity both at home and the Embry Rucker Shelter. make improvements, we are a long way from abroad in unsurpassed on this planet. Regret- Grant Hill of the Detroit Pistons basketball providing our Nation's small business owners tably, however, the day-to-day volunteer ef- team. Hill is a role model to young Restonians with the relief they need from overregulation. forts of so many Americans go regularly unno- on and off the court. He is involved in several We all know that the regulatory burden that ticed. We take for granted their generous work projects benefiting others. These projects in- the Federal Government places on the econ- with the poor, the elderly, the sick, and the ne- clude the Medical Care for Children Partner- omy is huge. Exactly how huge is difficult to glected. But their unheralded and noble deeds ship, the Grant Hill Basketball Tournament say. One of the most recent studies that we are duly noted by those they help, often pro- and the Grant Hill chocolate bars. The basket- have available to us is a November, 1995 re- viding a bit of hope during times of great dis- ball tournament benefits children's hospitals port to the U.S. Small Business Administration tress. nationally while the chocolate bars benefit the by Thomas Hopkins of the Rochester Institute At a time when our Nation demands that Technology 2000 program at South Lakes of Technology. Dr. Hopkins found that the total government become smaller and spend less, High School. cost of complying with the regulatory burden is the importance of volunteerism and community INOVA Health System is named for its di- now approaching a figure as high as $700 bil- service grows profoundly. These semifinalists versity of programs involving the community lion per year. prove once again that the most important work including the mall walkers, Sneakers and I find this figure to be troubling, particularly done in our country is not done within the belt- Speakers program, community health because regulatory compliance costs dis- way, but within the shelters, pantries, and screenings, partnership with Reston Interfaith, proportionately impact small businesses, those soup kitchens of our local communities. We Life with Cancer program, and support of the that financially are least able to meet Federal must never lose sight of the fact that Ameri- Special Olympics. More than 200 INOVA em- regulatory requirements. Consider the follow- cans' innate sense of sacrifice continues re- ployees have volunteered their time for pro- ing statistics: in 1992, the average small firm gardless of what may transpire in Washington. grams including Christmas in April, with fewer than 20 employees paid roughly I proudly salute the following people and or- Volunteerfest, Safe Kids coalition, food drives, $5,500 per employee to comply with Federal ganizations for their inspiring work, and join Fairfax Fair, the International Children's Fes- regulations. By contrast, firms with more than with my colleagues in congratulating them for tival, the Reston Festival, and the Northern 500 or more employees spent on average a this most deserving recognition. Virginia Fine Arts Festival sponsored by much smaller $3,000 per employee. This is a Ms. Carla L. Bailey; Columbus Firefighters' GRACE. INOVA's president is Knox Singleton. large gap that most small businesses have a Local Union No. 67; The Dublin Women's Carolyn Lavallee a chemistry teacher at difficult time bridging. While these are only Club; Upper Arlington City School District, South Lakes, was chosen for her commitment statistics, they are representative of the very Habitat for Humanity; Hospice at Riverside to education and public service. Her involve- real impact that regulations have on our Na- and GrantÐGrant Inpatient Volunteers; Lee ment covers a range of activities from leading tion's small business. Ann Igoe; Louverture Jones, Jr.; Al and Betty Girl Scouts, advising youth, and coordinating To make matters worse, Federal regulation JustusÐCentral Ohio Radio Reading Service; the Wetlands project in conjunction with Res- of small businesses often lacks a sound sci- Linda Stern KassÐColumbus Montessori Edu- ton Association. entific foundation, or put more simply, just cation Center; The Liebert Corp.; Sam Morris; The Samway Family for their commitment to doesn't make sense. Let me give you an ex- Physicians Free Clinic; Darrell Wayne Scott; cancer research. The family created the Kath- ample. I recently received a letter from a con- Kathleen Straub; Helene F. Thomas; Thomp- ryn Fox Samway Outback Steakhouse Memo- stituent of mine who operates a small bio- son, Hine & Flory LLP; and Claire L. Waters. rial Golf Tournament which, in the past 4 technology company in New York. He took f years, has raised close to $1 million donated great care to make his laboratories as safe as to Fairfax Hospital, National Cancer Institute, possible for both himself and his colleagues, HONORING THE BEST OF RESTON and the Dana-Farber Cancer Institute. and made every effort to comply with all exist- AWARD WINNERS FOR 1997 Thomas Wilkins for being a man if all sea- ing regulations. One particular safety feature sons having served as an active member of that he included in his laboratories were eye- HON. THOMAS M. DAVIS the NAACP, the President of the Reston Asso- wash stations that included eye-wash bottles. OF VIRGINIA ciation (RA), active in Meals-on-Wheels, offer- These are squeezable plastic bottles that con- IN THE HOUSE OF REPRESENTATIVES ing services as a tutor in public schools, tain a buffer solution to neutralize either acid served on the Stonegate Advisory Board, as- or base should it inadvertently get into some- Thursday, April 24, 1997 sisted children attend college and served as a one's eyes. These bottles are also portable so Mr. DAVIS of Virginia. Mr. Speaker, it gives founding board member for the Medical Care that they could quickly be brought to an inca- me great pleasure to rise today to pay tribute for Children Partnership. Tom also has served pacitated victim should an accident occur. to the individuals and businesses who are this as a member of my staff when I was chairman One day, his laboratory was inspected by years winners of the Best of Reston Awards. of the County Board of Supervisors. the Occupational Safety and Health Adminis- These awards are made annually by the Res- Constance L. Pettinger is awarded the Dis- tration [OSHA], which fined him for not having ton Chamber of Commerce and Reston Inter- tinguished Community Service Award for 15 eyewash fountains in the laboratory. Now an faith. The Best of Reston Community Service years at Reston Interfaith. Her work in helping eyewash fountain is a fixed piece of plumbing April 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E743 attached to a sink. In order to use it, the em- the promulgating agency. All too often a regu- After several years of singing and choir di- ployee must be able to stand on two feet and latory agency either ignores or half-heartedly recting, Reverend Brunson accepted a call to bend over to the sink. It cannot be moved, meets the regulatory analyses that it is man- the ministry and built up the Christ Tabernacle and cannot be brought to an immobilized, dated by statute to conduct. This must stop. Baptist Church located at 854 North Central prone victim. I think that most people would With accurate and reliable information, Mem- Street in Chicago, IL. Under the direction of agree that this type of fountain is far less use- bers will have a credible, factual basis on Reverend Brunson, Christ Tabernacle went ful than a portable eyewash bottle with a buff- which to judge whether a specific regulation is from its humble beginnings to a major reli- er solution. However, OSHA felt otherwise. needed or is consistent with congressional in- gious institution, with over 2,000 actively par- They seem to believe that strict adherence to tent. ticipating members. some arcane regulation, regardless of its cost We all agree and support having a clean Rev. Milton Brunson will always be remem- or practicality, is more important than the goal environment and safe workplaces, and I want bered as a legend and a legacy. We thank of protecting people's eyes, something that my to be clear that I fully support the need for him for his contributions and we wish the best constituent was obviously trying to do. strong safeguards for our environment and the for his wife Jo Ann, daughters, Donna Louise, This is just one of countless examples that American worker. However, we must ensure Sanita Monique, son Kevin, and sisters, broth- I could cite that represent the absurdity of our that the ways in which we achieve these goals er, and grandchildren. A talented individual, a regulatory system. I chair the Regulatory Re- are based on sound science and take into ac- dedicated and inspiring leader, a wise teacher, form and Paperwork Reduction Subcommittee count the legitimate concerns of the small and a great American was the Reverend Mil- of the House Small Business Committee. Last businesses that will be regulated. It is my sin- ton Brunson. week, we held a joint hearing that looked at cere hope that Congress can in fact become f the use of sound science in Federal agency more active under the Congressional Review rulemaking. We heard testimony from distin- Act, and put an end to some of the irrational PAYING TRIBUTE TO TONY ZALE guished scholars who indicated that Federal regulations that Federal agencies continue to agencies often initiate the development of new develop. HON. PETER J. VISCLOSKY regulations without a solid foundation of sci- f OF INDIANA entific evidence to support their decisions. IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO REV. MILTON When this occurs, the small business owners Thursday, April 24, 1997 of America are left holding the bag. BRUNSON The next logical question is: What can be Mr. VISCLOSKY. Mr. Speaker, it gives me done about this? To its credit, Congress has HON. DANNY K. DAVIS great pleasure to rise today to pay tribute to already done something. Last year, the Con- OF ILLINOIS a truly remarkable man, Mr. Tony Zale. Tony gress passed the Small Business Regulatory IN THE HOUSE OF REPRESENTATIVES passed away on March 20, 1997, in Portage, IN, at the age of 83. He was a man well Enforcement Fairness Act, better known as Thursday, April 24, 1997 SBREFA. This was truly landmark legislation known for his accomplishments as a champion that should help improve the regulatory proc- Mr. DAVIS of Illinois. Mr. Speaker, I take boxer, contributions to his community, and de- ess. Contained within this legislation is an this opportunity to comment on the life and votion to his friends and family. often overlooked authority that allows Con- legacy of a great musician, tremendous cler- Tony was a champion boxer, fittingly re- gress to disapprove new regulations before gyman, dedicated community leader, and a membered as ``the Man of Steel'' for both his they take effect. This process, commonly re- wonderful American, the late Reverend Milton steel-like ability to withstand and deliver pow- ferred to as the Congressional Review Act, Brunson, who passed away on Tuesday, April erful blows in the boxing ring, and his associa- gives the legislative branch a direct role in the 1, 1997. I share the words of his wife Joanne tion with a city priding itself on its massive regulatory formation process. While on its own that ``Reverend Brunson touched so many steel production. A native of Gary, IN, Tony it may not mean foolish regulations like the people's lives its hard to imagine''. began his successful boxing career in 1934 one my constituent has to deal with will no On April 25, 1997, Reverend Brunson would upon leaving his job as a steelworker at age longer exist. However, it does mean that Con- have celebrated the 49th anniversary of the 21. After experiencing a string of losses early gress can at least attempt to prevent new reg- Thompson Community Singers, which he in his career, Tony Zale first displayed his ex- ulations of questionable substance from taking helped to found in 1948. At the age of 18, traordinary desire to achieve when he returned effect in the future. while a senior at McKinley High School and di- to steel work at U.S. Steel in 1935. Willingly The problem, however, is that Congress has rector of the Gospel Chorus at St. Stephens accepting the most physically challenging jobs not exercised its new authority under the Con- A.M.E. Church, Reverend Brunson teamed up in the mill, Tony returned to boxing in 1937 gressional Review Act. Since this authority be- with Dorothy Mercer Chandler to found the with a renewed confidence and a physique so came effective on March 29, 1996, roughly Thompson Community Singers. Ms. Chandler, muscular it was renowned to be ``metallic.'' 3,600 new regulations have gone into effect, a gifted organist in her own right, worked Shortly thereafter, Mr. Zale's ambition of be- including 61 major rules. However, only a closely with Reverend Brunson to keep the coming a champion boxer was fulfilled when handful of resolutions of disapproval have group together for 49 years, performing across he defeated the National Boxing Association been introduced, and the House of Represent- the United States and throughout the world. champion in July 1940. In 1941, Tony earned atives has yet to even consider one such res- The Thompson Singers performed at the Chi- universal recognition as a world titleholder as olution. cago Gospel Festival, the Apollo Theater, he defeated World Middleweight Champion, Why has Congress been so reluctant to use Madison Square Garden in New York, and on Georgie Abrams. When returning from his this authority? It is my opinion that Congress stages in England, Italy, and other foreign service with the U.S. Navy in 1945, Tony has been slow to take advantage of the Con- countries. faced his most dangerous challenger, Rocky gressional Review Act because it lacks accu- On several occasions, the Thompson Sing- Graziano, for what would be the first of three rate and reliable data with which it can chal- ers produced the No. 1 religious recording, brutal matches. Winning the first match, losing lenge the information of the promulgating and, in fact, won a Grammy Award. Under the the second, and then regaining his title in the agency. In many cases, new rules are highly leadership of Reverend Brunson, nearly 1,000 third, Tony Zale forever marked his place in complex and technical in nature. Members individuals were members of the Thompson history as a champion boxer during the epic have neither the time nor the expertise to as- Singers; also known as the Tommies. Jesse Zale-Graziano fights. When Tony retired from sess the information that the agency is using Dixon Mays, Ricky Dillard, Deloris Stamps, boxing in 1948, he left the profession with the to base its regulatory decisions upon. Until Ethel Holloway, and Angela Spivey, were just accomplishment of fighting and beating every Congress has access to reliable nonpartisan a few of the famous vocalists who performed contender in the middleweight division during information, it is my belief that the Congres- with the Tommies. his championship reign from 1941 through sional Review Act will remain a paper tiger, In 1992, the Thompson Community Singers, 1948. During the 1950's Tony Zale was in- with no real effect on improving the quality directed by Tyrone Black received the Stellar ducted into the World Boxing Hall of Fame. and number of regulations that are imple- Awards for Choir of the Year, Song of the Tony put forth the same effort and dedica- mented. Year for ``My Mind's Made Up'', and writer of tion bettering the community in which he lived To help in this process, I am developing leg- the year, Darius Brooks. In 1995, Reverend as he did during his boxing career. After retir- islation that should provide Members of Con- Brunson and the Tommies won a Grammy ing from boxing, Tony coached at the Chicago gress with timely and useful information with Award for the recording ``Through God's Park District youth boxing program, where he which they can assess the actions taken by Eyes.'' taught children the fundamentals of boxing, as E744 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 1997 well as the fundamentals of living a good, TRIBUTE TO LINDA L. Section 7704, which was enacted as part of clean life. Tony was a man devoted to teach- CROUSHORE, ED.D., CELEBRAT- the Omnibus Budget Reconciliation Act of ing children the importance of education, and ING THE 10TH ANNIVERSARY OF 1987, provides that certain publicly traded a coach remembered for his willingness to THE MON VALLEY EDUCATION partnerships shall be taxed as corporations. offer guidance both inside and outside of the CONSORTIUM However, the 1987 act completely exempted ring. Other community service initiatives in certain types of PTP's from the reach of sec- which he participated include serving as a HON. MIKE DOYLE tion 7704. To be an exempt PTP, 90 percent Catholic Youth Organization boxing coach, OF PENNSYLVANIA or more of the partnerships gross income promoting youth boxing tournaments, and vis- IN THE HOUSE OF REPRESENTATIVES must be qualifying income. In other words, in- iting with polio patients. Tony Zale was hon- Thursday, April 24, 1997 come derived from resources such as timber, ored for his efforts in October 1990, when oil and gas, minerals and real estate. Further, President George Bush presented him with Mr. DOYLE. Mr. Speaker, I rise today to an exempt PTP need not have been in exist- the Presidential Citizen's Medal. honor Dr. Linda Croushore and to recognize ence in 1987 when section 7704 was enacted. her years of outstanding leadership at the Mon Mr. Speaker, I ask you and my other distin- In addition, other PTP's in existence when Valley Education Consortium. Dr. Croushore's section 7704 was enacted were grand- guished colleagues to join me in paying tribute vision of public education has been the source to Mr. Tony Zale. His children, Mary Medeiros fathered, but only for 10 years, through 1997. of positive change for the students and com- Our bill would extend this grandfather provi- and Theresa Gassis, grandchildren, and munities of the Mon Valley. nieces and nephews, can all be proud of his sion permanently. Under the direction of Dr. Croushore, the I can foresee that some people might view professional accomplishments, as well as his Mon Valley Education Consortium has more commitment to improving the quality of life for this proposal as special interest legislation. I than lived up to its name by launching innova- strongly disagree. Had we chosen in 1987 to the residents of Indiana's First Congressional tive projects that engage our children in the District. Tony Zale will always be remembered provide a permanent grandfather for existing learning process while building partnerships PTP's, no one would have batted an eye. In- as a true leader and will remain a role model among the 20 school districts they serve and for generations to come. stead, a permanent grandfather in 1987 would the surrounding region. Clearly, Dr. have been an appropriate decision for Con- Croushore's belief that every community has f gress to make based on the extent to which the capacity to respond through collaborative PTP's relied on the law that was in effect action has been proven to be true as evi- when they were created. The fact that the de- CONGRATULATIONS TO CAMP denced through the countless number of suc- PENDLETON cision was initially made in 1987 should not cess stories the consortium has helped to stop us from revisiting the issue so long as the write over the past 10 years. original decision has not yet taken effect. HON. RON PACKARD Since its inception in 1987, the Mon Valley We in Congress are called on to make deci- Education Consortium has grown consider- sions about appropriate transition relief in vir- OF CALIFORNIA ably, but its core commitment to providing tually every tax bill. Indeed, these types of de- every child with a quality education through IN THE HOUSE OF REPRESENTATIVES cisions are ones that are particularly suited for the leadership, and support of many, has the Members of Congress to make, since they Thursday, April 24, 1997 steadfastly remained. While not always an generally involve the balancing of competing easy task, creating consensus from within has interests rather than technicalities of tax law. Mr. PACKARD. Mr. Speaker, I proudly rise been a hallmark of Dr. Croushore's guidance. today to recognize Gen. Claude Reinke and Our proposal is different only because it is More than words can convey, Dr. Croushore's separate in time from the 1987 act. On the the men and women of Marine Corps Base actions illustrate that improving our public Camp Pendleton in my district in Oceanside, other hand, the proposal is generic in scope, schools is not an option, but a necessity. applying to any PTP fitting the criteria. We be- CA, for their dedicated effort towards environ- I am pleased to consider Linda a friend, and mental conservation. lieve that it is fair, before the 10-year grand- know that I am not alone in having an enor- father expires, to determine whether the pre- I have admired General Reinke and his mous amount of respect for her. Congratula- vious decision was proper or whether a per- leadership ability and enjoyed the close work- tions and thank you for your significant manent rule is a better choice. ing relationship we have shared for many achievements on behalf of quality public edu- Generally, Congress does not place time years. cation, and most of all for your indefatigable limits on grandfather provisions, other than Today, Camp Pendleton is being honored spirit. what might be called project-specific provi- by the Department of Defense as the 1996 f sions. The reasoning behind this policy is that Environmental Security Award winner in the INTRODUCTION OF LEGISLATION if taxpayers were justified in relying on the law natural resources conservation category. This TO PROVIDE A PERMANENT EX- in effect at the time the taxpayer took action, award recognizes Camp Pendleton for its TENSION OF THE TRANSITION then the taxpayers deserve relief from the `òutstanding accomplishments in the con- RULE FOR CERTAIN PUBLICLY change in the law, not just for a limited period servation of natural resources * * * and en- TRADED PARTNERSHIPS but as long as the taxpayer's circumstances suring their continued availability for future do not change. generations. HON. AMO HOUGHTON REASONS FOR A PERMANENT GRANDFATHER Camp Pendleton, the largest military facility OF NEW YORK Some may wonder why these PTP's should land wise was praised for the advancement in IN THE HOUSE OF REPRESENTATIVES be permanently grandfathered. After all, if they were taking advantage of so large a loophole the ecosystem management of the 119,000 Thursday, April 24, 1997 acres that encompasses the base. Among that Congress had to shut it down, why should other aspects, Camp Pendleton's officials Mr. HOUGHTON. Mr. Speaker, I am joined they benefit merely because they got in under were especially noted for an enhancement by my colleagues, including Mr. KLECZKA, Mr. the wire? program of two near extinct species present CRANE, Mrs. KENNELLY, Mr. BUNNING, Mr. The truth is that these PTP's did not take on the base. NEAL, and Mr. HERGER, in introducing legisla- advantage of an egregious loophole. PTP's tion to permanently extend the 10-year grand- are structured no differently from other types It is my pleasure to also recognize Susan father for publicly traded partnerships [PTP's]. of limited partnerships. They merely combined Gibson, an environmental program manager at This legislation applies to those PTP's that that basic limited partnership structure with the Camp Pendleton, who is being individually were in existence at the time the Omnibus ability for the units to be readily traded. The recognized for her role in initiating ``significant Budget Reconciliation Act of 1987 was problem was thus not a loophole in the Tax progress in avoiding and controlling air, water, passed. Code that needed to be closed retroactively. land and noise pollution.'' Publicly traded partnerships were first cre- These PTP's relied on the law in effect be- Mr. Speaker, as one of only six installations ated in the early 1980's for the purpose of fore passage of the 1987 act, and that reli- to ever win this award twice, I believe Camp combining the traditional limited partnership ance was completely reasonable. The first Pendleton's men and women are to be com- form with the ability to still have the partner- proposal directed toward PTP's surfaced in mended for their effort and hard work toward ship units freely traded on an established se- 1984, but President Reagan chose not to for- environmental safety concerns and congratu- curities market or are readily tradable on a ward it to Congress in his tax reform rec- lated for winning this award. secondary market. ommendations and we did not independently April 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E745 take up the idea in 1986. It was only when families in which adult relatives are the pre- care system. Grandparent groups around the Treasury proposed section 7704 in mid-1987 ferred placement options for children sepa- country support this legislation, I met with as part of a list of acceptable revenue raisers rated from their parents. many of them today. I strongly urge my col- that the proposal received any official en- Last year I introduced similar legislation, leagues to cosponsor this bill and urge its dorsement. By that time, most of the affected and I am pleased to report that a portion of it swift passage. PTP's were already in existence. was incorporated as part of welfare reformÐ f This raises what I believe is the most impor- States must now consider relatives who are tant issue in this debate: fairness to the PTP's willing and able to care for minor children be- HONORING PASTOR RODERICK and, more important, their owners. The proc- fore placing them in other foster care situa- MITCHELL ess of converting from a corporation to a PTP tions. is a costly and time-consuming one, easily The legislation I am introducing today would HON. BENNIE G. THOMPSON taking over 1 year. The conversion process in- go one step further by giving States the flexi- OF MISSISSIPPI volved consultation with investment bankers, bility to create a new type of foster careÐkin- IN THE HOUSE OF REPRESENTATIVES appraisals, planning by corporate finance, se- ship careÐas a demonstration project. It Thursday, April 24, 1997 curities and tax lawyers, multiple filings with would authorize States to examine and test the SEC and State securities agencies, proxy how their child protection system could incor- Mr. THOMPSON. Mr. Speaker, I rise today statements and shareholder votes, etc. This porate safe, cost-effective kinship care place- to honor Pastor Roderick Mitchell, one of my process would not have been started or comments. States would have increased flexibility constituents who has had an invaluable role in pleted had there been any reasonable pros- to waive portions of the IV±E foster care pro- the lives of many families in the Mississippi pect that a change in the tax law would have gram in order to provide services and pay- Delta. applied retroactively or after a limited period of ments to kinship-care placements. It would Pastor Mitchell grew up in a troubled house- time. help families to rely on their own family mem- hold and was forced to spend much of his To make matters worse, many of these bers as resources when a child is legally sep- childhood protecting his mother and younger same costs will be incurred once again if the arated from his or her parents. siblings from his abusive father. He never for- 10-year grandfather is not made permanent. We clearly need this legislation. From 1985 got those mornings he passed crouching, hid- Grandfathered PTP's will be forced to convert to 1990, the number of children in foster care ing miserably in the cotton fields surrounding to corporate form on January 1998. To do so, increased by 47 percent, while the number of his home. however, will require lengthy planning, and the foster families decreased by 27 percent. Fur- Pastor Mitchell now divides his time be- same investment banking advice, appraisals, thermore, when a child must be removed from tween his ministry in Cleveland, MS and his and attorney fees. The need for extensive, ad- his or her parents, placing the child with a car- many initiatives to speak out against spousal vance planning makes it essential that the ing relative helps keep the family together and violence, sexual assault, and child abuse. In matter be resolved this year. limits disruption to the child's life. Ironically, 1995 he established a desperately needed More important, is the effect that loss of the relatives who want to care for the child often rape crises program in his church that has grandfather will have on PTP investors. It is a find themselves burdened with legal and bu- evolved into a community-based organization, virtual certainty that the value of PTP units will reaucratic paperwork and regulation, and they the Exodus Center for Life, which provides be affected adversely if the grandfather ex- lack the support services available to regular services to all victims of crime. Pastor Mitchell pires. Thus, the investor will suffer the most. foster care families. is perhaps best known for his educational pro- Who are these investors? Most are average, By giving States the flexibility to create a grams that use puppets to teach children in middle-class taxpayers who have invested in new type of foster careÐkinship careÐsup- Headstart programs about child abuse and PTP units because of their high yield, many port services and payments could be made to also give information about date rape and do- before the 1987 act was passed. kinship care placements. States would transfer mestic violence to youths in school. He has We do not achieve any tax policy goal by custody of the child to the adult relative and implemented a violence prevention program honoring the 10-year grandfather. That goal then would have the flexibility to make some for teenagers called Preparing our Sons for was fully achieved by making section 7704 payments and provide services to these chil- Manhood, and he also serves as a counselor apply prospectively. Instead, all we would ac- dren under the IV±E program. Kinship care in Men Against Spousal Harm [MASH], a complish by retaining the 10-year grandfather could be considered a long-term placement treatment program for batterers in the Mis- would be harm to these PTP's and their inves- option for the States. sissippi Delta. tors. There is no doubt what our decision In order to be considered an eligible family One of Pastor Mitchell's colleagues summed should be. for kinship care placements under this bill, cer- up his efforts recently, saying, ``his experience In conclusion, I want to note the diversity of tain criteria must be met. The child must be as a victim of domestic violence and his deep the PTP's that would benefit from permanent removed from the home as a result of a judi- belief in the power of education transcend cul- extension of the grandfather. The PTP's af- cial determination that continuation in the tural and denominational barriers, reaching all fected are involved in a wide variety of indus- home would be contrary to the welfare of the crime victims, young and old, as well as at-risk tries, from motels and restaurants to chemi- child, the child would otherwise be place in youth with inspirational messages that help to cals, financial advising and macadamia nuts. foster care, and that there are adult relatives heal and prevent crime.'' Undoubtedly, these businesses operate in willing to provide safe and appropriate care for Mr. Speaker, Mississippi and this Nation many of our districts. Of course, our districts the child. owe a debt of gratitude to Pastor Mitchell. If are the homes to the individual investors in This legislation is revenue neutral because we are ever to transcend the cycle of violence, these PTP's. The most recent court indicates States would incorporate kinship care into hatred, and anger that plagues America, we that there are well over 300,000 individual in- their child welfare system. States would evalu- will need to follow this shining example of self- vestors. ate their kinship care system for outcomes for less determination. I honor Pastor Mitchell, The 10-year grandfather hangs like a sword children and families, safety of the children, and I thank him for his work. of Damocles over each one of these PTP's. and cost savings. At the end of 4 years, the f We in Congress have the ability to remove Secretary of Health and Human Services TRIBUTE TO THE CENTENNIAL OF that sword and there is no reason why we would evaluate the State kinship care dem- ALLENHURST, NJ should not do so. We urge our colleagues to onstrations and recommend legislative join with us to support this bill. changes based on their evaluations. f This legislation would also require States to HON. FRANK PALLONE, JR. provide relative caregivers with notice of, and OF NEW JERSEY THE KINSHIP CARE ACT OF 1997 an opportunity to be heard in, any IN THE HOUSE OF REPRESENTATIVES dispositional hearing or administrative review HON. CONSTANCE A. MORELLA held when considering the health and safety of Thursday, April 24, 1997 OF MARYLAND a related child. Mr. PALLONE. Mr. Speaker, on April 26, IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I have heard from grand- 1997, the Borough of Allenhurst, NJ, will cele- parents who desperately want to provide their brate the 100th anniversary of the founding of Thursday, April 24, 1997 grandchildren a loving, supportive, and safe their community. A reenactment of the first Mrs. MORELLA. Mr. Speaker, I rise to intro- home. Because of burdensome regulations, meeting of the board of commissioners will duce a bill to encourage kinship care families, these children end up in the expensive foster take place at the Allenhurst Beach Club on E746 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 1997 Saturday at 3 p.m. The celebration of the bor- that occurred in the early part of this century. PERSONAL EXPLANATION ough's centennial will continue with a variety May they never be repeated again. of community events throughout the rest of the f HON. NICK J. RAHALL II year. OF WEST VIRGINIA Mr. Speaker, 100 years ago, in April 1897, LEE HIGH SCHOOL’S SINGING IN THE HOUSE OF REPRESENTATIVES the Borough of Allenhurst had the first meeting LANCERS TOP THE CHARTS IN Thursday, April 24, 1997 of its board of commissioners. Of course, this ATLANTA COMPETITION was not the beginning of the history of life in Mr. RAHALL. Mr. Speaker, on Wednesday, the area as we now call Allenhurst. A Scots- April 23, 1997, I was unavoidably detained man named Gawen Drummond bought the HON. HENRY J. HYDE and missed rollcall votes Nos. 86 and 87. Had land for native Americans. The land was for OF ILLINOIS I been present and voting, I would have voted many years part of the Allen Farm, and there IN THE HOUSE OF REPRESENTATIVES ``yes'' on each of the amendments to H.R. 400 were two hotels, the Allen Hotel and the Thursday, April 24, 1997 as offered by Mr. CAMPBELL of California. Crow's Nest. In 1896 the Coast Land Office f was built at the corner of Page and Corlies Mr. HYDE. Mr. Speaker, the spotlight at the Avenues, and in the next 20 months 58 cot- April Fiesta-Val Music competition held in At- RETIREMENT OF CAPT. CHARLES tages were constructed. The Coast Land lanta, GA was focused on the Choirs of Lee CONNOR, U.S. NAVY Company placed ads in New York and Phila- High School. delphia newspapers extolling the borough's The performance given by the 20-member HON. IKE SKELTON Madrigal Choir earned them a superior rating wise exclusiveness. The following year, the OF MISSOURI by the judges, placing Lee first in their divi- borough was incorporated. IN THE HOUSE OF REPRESENTATIVES sion. Achieving a superior rating over their 15 Mr. Speaker, a lot has changed in Thursday, April 24, 1997 Allenhurst, NJ, and America since the found- competitors, the Fiesta-Val Champion Trophy ing of Allenhurst. One hundred years ago, was presented to Lee Madrigals for reaching Mr. SKELTON. Mr. Speaker, over the past Grover Cleveland was President, San Fran- the highest numerical score of any choir in 25 years, Capt. Charles D. Connor has been cisco had a massive earthquake, the Spanish- their division. a leading force in the Navy's public affairs American War was being fought, the first The next group to be called into the win- community. His efforts, through a wide variety World Series was held and construction of the ners' spotlight was Lee's Ladies' Chamber of assignments, played an integral role in ar- Panama Canal began. But much has re- Choir. The chamber choir gave another out- ticulating the Navy story, and ensuring public mained the same: The beauty of the ocean standing performance before the panel of support for our policies and programs. and beaches of the Jersey Shore and the judges who rated this choir superior. The Con- His early public affairs assignments, includ- deep sense of community pride felt by the cert Choir was the next to be honored with an ing U.S.S. John F. Kennedy, Armed Forces residents of Allenhurst. excellent rating for their performance. Bicentennial Program, Navy Recruiting Region On April 26 at 3 p.m., the minutes of the Noteworthy is the selection of Lee's Singing Pacific Northwest, Navy Public Affairs Office original meeting will be read. Mayor Coyne Lancers as the Fiesta-Val's recipient of the Midwest, and Navy Recruiting Command laid and Commissioners Ruocco and McCarthy will 1997 Grand Champion trophy. To receive this the groundwork for stellar performance in the be dressed in 1896-style costumes. Mr. distinctive recognition as overall champions, most challenging and influential billets in the Speaker, I want to congratulate the borough the Singing Lancers marked the highest com- PAO community. officials and all the residents of this beautiful bined scores of all choirs competing in the fes- In the late 1980's, Captain Connor went on oceanfront community on this historic occasion tival. to lead the public affairs efforts of the U.S. and look forward to working with them to The awards cited above have become a tra- Third Fleet, following that success with 3 make the next 100 years every bit as good as dition for Lee's choral program through the years at U.S. Space Command. His most re- the first century. hard work and dedication of its director, Mr. cent assignments put him truly at the top of f Lindsey Florence. Were it not for this out- his field, where his broad professional exper- standing director, the students may never tise has been of incalculable benefit to the ARMENIAN GENOCIDE have reached this plateau in their high school U.S. Navy. music experience. This remarkable contribu- As public affairs director of U.S. Navy Euro- SPEECH OF tion was recognized when the festival spon- pean Headquarters, 1992±1994, Captain Con- HON. EDOLPHUS TOWNS sors presented Mr. Lindsey Florence with the nor, created, planned and executed the com- OF NEW YORK coveted Award of Distinction in recognition of memoration of the 50th Anniversary of the his notable contribution to musical excellence. IN THE HOUSE OF REPRESENTATIVES Normandy Invasion, the centerpiece of which Congratulations to the director, Mr. Flor- was the globally televised Presidential embar- Wednesday, April 23, 1997 ence, and his wonderful students: Shely Ab- kation aboard Navy ships. This special event Mr. TOWNS. Mr. Speaker, as we approach bott, Matt Aberant, Denise Absher, Karen successfully underlined the fact that American a new millennium we cannot forget the launch- Albers, Jessica Alonzo, Alex Arndt, Mary power projection relies on a forward-based ing of the April 24, 1915 pogrom of some 200 Assad, Nicki Baugher, Ashley Bush, Nicki Navy, a vital communication objective which Armenian religious, political and intellectual Clark, Amy Cole, Cindy Craig, Elizabeth was brilliantly conceived and implemented. His leaders from Constantinople [Istanbul]. For 8 Crego, Rachel Cully, Abigail Dosch, Kelly efforts were personally commended by the years, 1.5 million Armenians suffered grave Drier, Mary Fitzgerald, Heather Flemming, White House. repudiation by the government of the ``Young John Goff, Craig Goheen, Brian Gresham, Ra- As the Deputy Chief of Information, 1994± Turk Committee.'' This unfortunate history chel Griffin, Kristen Hampton, James Hare, 1995, Captain Connor directed national and must be memorialized and remembered such Brandon Henrich, April Holloman, J.P. Javier international Navy public affairs programs, that the world can understand that this tragedy Wong, Erlend Johnson, Kim Johnson, Mary managing global day-to-day media, community represents the first example of genocide in the Kim, Peter Laver, Mike Lazear, Corrine and internal relations operations involving hun- 20th century. This observation is not made Leahey, Darcie Lee, Dan Lee, Ruth Leeds, dreds of people and a multimillion dollar budg- lightly; but the facts about the destruction of Chrisina Lewis, Anna Lipari, Courtney Mallon, et. He also created the first standardized man- the Armenian people cannot be ignored. Tara McCabe, Caroline McClaugherty, Heath- ual on the operation of nine regional public af- As Armenians and people of conscience er McDonald, Darin McMillion, Dave McMullin, fairs offices and introduced digital photography throughout the world commemorate April 24, Abby Meyer, Jamie Michaud, Michelle transmission to media, producing significant we must accurately depict history to ensure Montvai, Carrie Moore, Shawn Newman, Ty savings in processing costs. that it is never repeated. Continuing to deny Oxley, Vanessa Pannell, Alicia Peretti, Corey Captain Connor's outstanding public affairs the truth about an important part of world his- Perrine, Jessica Piansky, Sara Poh, Alicia acumen culminated in his assignment as pub- tory creates the view that it was just an `ùnfor- Powell, Anna Ramdeo, David Reynolds, Terri lic affairs officer for the Secretary of the Navy tunate incident'' and nothing else. This inaccu- Richards, Miranda Romero, Julie Saholsky, in 1995. During a time of great change and racy can be nothing further from the truth and Beth Silvola, Leslie Simpson, Justin volatility due to downsizing, he spearheaded allows for similar atrocities to occur. Smallwood, Julie Stoops, J.R. Stratton, the Secretary's communications program Mr. Chairman, on this day I urge all of my Damara Thompson, Nhien To, Kristin Unger, targeting both internal and external audiences. colleagues to remember the horrible events Melissa Wilkerson, and Audrey Wright. His efforts resulted in a greater understanding April 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E747 of and advocacy for the Secretary's initiatives, Bernardino also picked up trash and painted ple of both his State and country. Active in nu- both within the Navy and externally through graffiti in and around their neighborhoods. merous national and State associations sup- the news media. Mr. Speaker, this remarkable effort is 1 of porting higher education, he also participates He is a strategic thinker who is action-ori- 11 chosen from over one million participants on a State and national level as a mediator ented. Captain Connor's professional excel- nationwide joining in national Make a Dif- and arbitrator in the construction industry. Bill lence, diligence, and loyalty have made him a ference Day. The many fine people of San is a member of the board of directors of the great asset to the U.S. Navy. I take this oppor- Bernardino County have made a difference, California Council on Science and Technology, tunity to wish him well upon his retirement and will continue to make a difference, to im- which I created with Bill's leadership, and of from the Navy and for continued success. He prove the quality of life for our citizens. I am the American Arbitration Association. He is has truly been a role model for public affairs extremely proud of this effort and it is only fit- also a member of the American Society of officers who follow him. ting that House of Representatives recognize Civil Engineers. f this achievement today. Mr. Speaker, I could go on and on about Bill f Baker. To me, he embodies the very best in MAKING A DIFFERENCE IN SAN public service. Committed and compassionate, BERNARDINO COUNTY PERSONAL EXPLANATION Bill has demonstrated every day and in every way that the best way to advance the public HON. JERRY LEWIS HON. CASS BALLENGER good is by doing good for the public. We are OF CALIFORNIA OF NORTH CAROLINA fortunate to have been touched by his works. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES He is a ``true blue.'' Thursday, April 24, 1997 Thursday, April 24, 1997 f Mr. LEWIS of California. Mr. Speaker, I Mr. BALLENGER. Mr. Speaker, had I been HONORING GIRL SCOUT GOLD would like to bring to your attention the fine present for rollcall votes 86, 87, 88, and 89 on AWARD RECIPIENTS work and outstanding public service of thou- Wednesday, April 23, I would have voted sands of committed citizens in Calfiornia's ``yea.'' HON. RAY LaHOOD 40th Congressional District. San Bernardino f OF ILLINOIS County, the largest county in the continental IN THE HOUSE OF REPRESENTATIVES United States make a difference on October TRIBUTE TO WILLIAM BAKER 26, 1996, with an ambitious project entitled, Thursday, April 24, 1997 ``Community Cleanup: Our Fight Against HON. SAM FARR Mr. LAHOOD. Mr. Speaker, today I would Blight.'' For this ambitious undertaking, the OF CALIFORNIA like to salute five outstanding young women San Bernardino Make a Difference Day project IN THE HOUSE OF REPRESENTATIVES from the 18th district of Illinois who will be was recently chosen as one of the top 10 na- honored with the Girl Scout Gold Award by tional winners by USA Weekend Magazine Thursday, April 24, 1997 Kickapoo Council of Girl Scouts in Peoria on and a panel of celebrity judges. This tremen- Mr. FARR of California. Mr. Speaker, I rise May 4, 1997. The Girl Scout Gold Award is dous effort will be recognized at a luncheon today to pay tribute to a man who has made the highest achievement award in U.S. Girl on May 1 recognizing outstanding achieve- it his professional mission to serve the State Scouting, symbolizing outstanding achievements during national Make a Difference Day. of California and its 32 million people. William ments in the areas of leadership, community The San Bernardino Make a Difference Baker, whose career has spanned more than service, career planning, and personal devel- project was launched at a time when the local three decades, will be retiring this year as vice opment. The award can be earned by girls newspaper, the San Bernardino County Sun, president of university and external relations aged 14±17, or in grades 9±12. The recipients ran a series of well-written articles addressing for the University of California system. of this award at this time are Angela Hess of the issue of blight in the local community. The Ever since starting work for UC some 33 Girl Scout Troop No. 301, Renee Hinnen of result was a countywide effort undertaken on years ago, Bill has been a steady force, help- Girl Scout Troop No. 4, Rebecca Roth of Girl national Make a Difference Day. The remark- ing to guide the university through its most Scout Troop No. 345, Katy Rodgers of Girl able effort to undertake a community cleanup formative years. Now with nine campuses, five Scout Troop No. 257, and Amy Hale of Girl was spearheaded by the city of San teaching hospitals, and the three national lab- Scout Troop No. 357. Bernardino and Mayor Tom Minor in a collabo- oratories it manages for the Federal Govern- Girl Scouts of the U.S.A., an organization rative effort with Norcal/San Bernardino, San ment, UC's $10 billion budget is larger than serving over 2.5 million girls, has awarded Bernardino County, Arrowhead United Way, that of many States. Bill has been instrumental more than 20,000 Girl Scout Gold Awards to the Volunteer Center, and the San Bernardino in maintaining the university's prominence as senior Girl Scouts since the inception of the Area Chamber of Commerce. Twenty-four one of the top university systems in the coun- program in 1980. To receive the Gold Award, cities in San Bernardino County embraced the try. I speak from personal knowledge, when I a Girl Scout must earn four interest project concept with proclamations and letters of sup- say that Bill Baker is an influential voice for patches, the career exploration pin, the Senior port from local mayors. Twenty-two community education on Capitol Hill. Girl Scout Leadership Award, and the Senior newspapers and five radio stations promoted A fourth-generation Californian and a native Girl Scout challenge, as well as design and the project with public service announcements of Berkeley, Bill is a 1958 civil engineering implement a Girl Scout Gold Award project. A and press releases. To encourage citizen par- graduate of the University of California, Berke- plan for fulfilling these requirements is created ticipation, 16 country landfills were open free ley. It was as an undergraduate that he began by the Senior Girl Scout and is carried out of charge to residents on October 26. The re- his university career as a mail clerk under through close cooperation between the girl sult was more than 3.5 thousand tons of trash, former UC President Robert Gordon Sproul. and an adult Girl Scout volunteer. including 5,000 tires, deposited at county land- Bill went on to become a licensed civil engi- In the process of earning their Gold Awards, fills. neer and worked as a State engineer on the these Girl Scouts made significant contribu- In addition to the many county residents restoration of the San Francisco-Oakland Bay tions to their community. Angela Hess com- who participated, about 130 volunteers worked Bridge. pleted her project by working with a local chil- on 10 other related projects. Paul Chaney, a Bill returned to university service in 1964 as dren's hospital in planning activities for the private business owner, with the assistance of an associate engineer in UC's systemwide of- children and then doing the activities with other volunteers from the Children's Fund and fice. In 1974, he was named director for cap- them. Renee Hinnen planned, organized, and the Volunteer Center, picked up trash along a ital improvements planning and budgeting, and implemented the registration, snack time, and 2-mile stretch of Little Mountain. Employees of was named assistant vice president for budg- lunch time activities for the Isaac Walton Raintree Insurance Co. and a youth group et, analysis, and planning and special assist- League's ``Kids in the Woods'' program. Re- from the Nazarene Church painted graffiti in ant to the president on April 1, 1979. He was becca Roth planned and implemented a sports various sections of San Bernardino. While a named vice president for budget and univer- and games day for the purpose of recruiting Girl Scout troop cleaned up a local creek and sity relations by former President David Gard- others to become Girl Scouts. Katy Rodgers filed a commercial dump truck, members of ner on October 1, 1983. Bill assumed his cur- taught dance to underprivileged children who Los Padrinos cleaned, trimmed, weeded, and rent title in 1993. cannot afford lessons, and Amy Hale orga- hauled away trash for elderly citizens. Thirteen Besides his professional pursuits, Bill has nized a reference library at her church, and neighborhood association groups in San found time to give even more back to the peo- designed study sheets for Sunday school E748 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 1997 teachers and youth group leaders. I believe Hudson County, Inc. serves as an example of a vicious pogrom during which over 50,000 these young women should receive the public what can be accomplished when people when perished. Several years later during the First recognition due them for their efforts and their people work toward a common goal. It is an World War, Armenian service in the Allied service to their communities and country. honor to have them providing services to the cause prompted the Turkish authorities to f residents of my district. order the deportation of almost the entire Ar- f menian population from their homeland to two IN HONOR OF THE URBAN LEAGUE distant provinces of the Turkish Empire, Syria OF HUDSON COUNTY, INC.’S 19TH TRIBUTE TO THE HONORABLE and Palestine. Well over one million died dur- ANNUAL EQUAL OPPORTUNITY JOHN T. MYERS ing this long forced march, many thousands at DAY the hands of government soldiers and many HON. JOHN N. HOSTETTLER more from disease and malnutrition. HON. ROBERT MENENDEZ OF INDIANA It is unfortunate that we have not managed OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES to escape the consequences of these atroc- IN THE HOUSE OF REPRESENTATIVES Thursday, April 24, 1997 ities. The legacy of bitterness is readily ob- Thursday, April 24, 1997 servable in central Asia, where memories of Mr. HOSTETTLER. Mr. Speaker, I rise past injustice have complicated the search for Mr. MENENDEZ. Mr. Speaker, I rise today today to inform the chamber that on Friday, peace and stability in Nagorno-Karabakh. to pay tribute to a remarkable organization, May 9, the Uniontown Locks and Dam, lo- As the horror continued, thousands of Arme- the Urban League of Hudson County, Inc. as cated on the Ohio River between Indiana and nians came to this country. Many of their heirs it celebrates the 19th anniversary of its Equal Kentucky, will be renamed the John T. Myers now live in my own State of California, where Opportunity Day. This annual event, which Locks and Dam. Uniontown Locks and Dam is they have established an enviable record of serves to reaffirm the laudable mission of pro- just 2 miles south of the confluence of the Wa- prosperity and service to the United States. viding equal opportunity to community mem- bash River and the mighty Ohio. As John was California is home to the largest Armenian- bers, will be celebrated on April 24, 1997 at born and raised along the Wabash in Coving- American population in the United States. The the Meadowlands Hilton Hotel in Secaucus. ton, IN, I can think of no better honor for an California State Assembly designated April 24, The Urban League of Hudson County, Inc.'s individual who dedicated so much of his life to 1997 as ``California Day of Remembrance for role as a pre-eminent community institution public service, most of that time devoted to the Armenian Genocide of 1915±23, and for began over a quarter century ago during a tur- watching over our Nation's vast waterways the Victims of the Sumgait Pogroms of 1988 bulent time in the Nation's history. In 1971, we system. and Baku Riots of 1990.'' had just come through a decade when the Representative John Meyers served the The resolution notes that Armenians in movement toward civil rights took its toll on people of the Seventh Congressional District Nagorno Karabagh remain at risk until a the urban leaders of our society: Martin Luther of Indiana for 30 years before retiring at the peaceful resolution to the Karabagh conflict is King, Jr., Medgar Evers, and Malcolm X. end of the 104th Congress. For most of that reached that guarantees the freedom of secu- Shabazz, all assassinated in their prime. The distinguished career, the citizens of Indiana rity for these people while supporting their mission of this new organization was to con- were fortunate to have him represent them on right to self-determination. tinue these leaders' legacy and to help ensure the House Appropriations Committee. His We join Armenians around the world as we equal opportunity for all members of our leadership on the Energy and Water Develop- remember the terrible massacres suffered in American family. Since its inception, the Urban ment Subcommittee, in particular, helped en- 1915±23, among one of the worst tragedies to League of Hudson County, Inc. has endeav- sure that our Nation's waterways, which are befall a group of people. ored to provide positive family images to so vital to our national economy, remained Even though this is a day of commemora- which others could aspire. navigable. tion for the thousands who perished in the Ar- Today, Americans living in urban areas are On May 9, John's many friends will con- menian genocide, we must not forget the great portrayed too often with violence and in eco- verge on the Uniontown Locks and Dam site duty of those now living to prepare a better nomic distress. The Urban League of Hudson to officially recognize his contribution to inland world for generations to come. County, Inc., under the direction of current navigation by renaming and dedicating this fa- f president and CEO Elnora Watson, has made cility in his honor. It is a fitting tribute to a man tremendous strides in reversing that stereo- whose visionary leadership has played such a INTRODUCTION OF ‘‘THE INSULAR type through its various programs, such as significant role in the development and mainte- FAIR WAGE AND HUMAN RIGHTS AmeriCorps, the Adolescent Servicing Center, nance of America's rivers, ports and harbors. ACT OF 1997’’ Adopt-A-Parent, Beginning Alcohol and Addic- f tion Basic Education Studies, Family Develop- ARMENIAN GENOCIDE HON. GEORGE MILLER ment Program, job placement and retention, OF CALIFORNIA mentors for youth, Parent Community Mobili- IN THE HOUSE OF REPRESENTATIVES zation Initiative, and parenting skills work- SPEECH OF shops. Graduates of these valuable programs HON. HOWARD L. BERMAN Thursday, April 24, 1997 will hopefully go on to become productive resi- OF CALIFORNIA Mr. MILLER of California. Mr. Speaker, dents of Hudson County and become beacons IN THE HOUSE OF REPRESENTATIVES today I am introducing legislation to address of hope for others in their communities. the systematic, persistent, and inexcusable ex- This year, the Urban League of Hudson Wednesday, April 23, 1997 ploitation of men and women in sweatshops in County, Inc. will mark the 19th anniversary of Mr. BERMAN. Mr. Speaker, I rise today in the Commonwealth of the Northern Mariana its Equal Opportunity Day Dinner. On this mo- commemoration of the Armenian genocide. Islands, a territory of the United States of mentous occasion, a number of people will be The atrocities committed against the Arme- America. recognized for working tirelessly to dispel the nian people in the late 19th century and the Despite criticisms from the Congress and negative images of urban Americans as por- early 20th century ranks among the worst Federal agencies, and despite promises by trayed by the media. The award recipients for such occurrences in human history. As the CNMI leaders of sweeping change of aggres- 1997 include: Catherine Easterling Todd, 19th century drew to a close, authorities in the sive action against abusive employers, these Nantexter Ferguson Sebron, Betty Warren, crumbling Ottoman Empire decided to crack conditions continue today, confirmed by CNMI Mary L. Setzer, Barbara A. Briggs, Patricia down against a growing movement for Arme- observers, human rights and religious organi- Sebron, Kathleen Washington, Pamela nian autonomy. After enduring brutal persecu- zations, and Federal enforcement and over- O'Neal, Philip Martin Bonaparte, M.D., tion, the Armenians refused to pay the taxes sight agencies. These workers are not free, Blynette Rogers, Patricia Jackson Robertson, levied by their oppressors. As a result, thou- and are not given the same opportunities and Dale Porter, and Blanche McDuffy Smith. sands of innocent civilians lost their lives and protections every other worker in the United Each of these outstanding individuals has thousands more witnessed the destruction of States or its territories is provided. To these made a unique contribution to enhancing the their homesÐall because the Ottoman Gov- workers, the American dream has become a image of the Urban League of Hudson Coun- ernment wanted to teach them a lesson. nightmare. ty, Inc. When the Armenians sought to publicize Consumers in the United States and around I ask that my colleagues join me in honoring their plight by seizing a government building in the world expect that the label ``Made in USA'' this special organization. The Urban League of Constantinople, government forces instigated stands for something. American manufacturers April 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E749 know that label signifies compliance with basic HOME EDUCATION WEEK Tertulias de Antano will be celebrated at the worker protection laws and human rights guar- group's 23d Anniversary Dinner Dance to be antees. But in the CNMI, that made in USA HON. ROY BLUNT held at Schutzen Park in North Bergen, NJ, on label is used to conceal systematic exploi- OF MISSOURI Sunday, April 27, 1997. tation. IN THE HOUSE OF REPRESENTATIVES Such a well-respected program, Tertulias de Last week, President Clinton and garment Antano, is the result of the unwavering dedica- industry leaders announced a U.S. apparel in- Thursday, April 24, 1997 tion of its founder Lidia Gil-Ramos. Before ar- dustry partnership dedicated to eliminating Mr. BLUNT. Mr. Speaker, I am pleased riving in Union City, NJ, in 1965, she taught sweatshop working conditions around the today to voice my support along with the Mis- both elementary school and elderly farm work- world. Those efforts must also focus on our souri State Senate and the Missouri House of ers in her homeland of Cuba. Education was own soil, on the CNMI, where conditions that Representatives for home education. The Mis- also a personal passion for Ms. Gil-Ramos. could not be tolerated anywhere elsewhere in souri General Assembly has designated the She earned her masters degree from the Uni- America flourish with the blessings of the local second week of May as Home Education versity of Havana. This extraordinary woman government. Week. Missouri has been recognized as a then became director of a large nursing home In the CNMI, human rights and the basic leader nationwide in the home education in San Miguel de los Banos, Matanzas in rights all American workers are supposed to movement. Home Education Week is a good central Cuba. enjoy are routinely brushed aside in the pur- way to acknowledge those parents in Missouri Upon arriving in America, Ms. Gil-Ramos suit of an economic miracle. The CNMI Gov- who have helped to establish a strong founda- found employment as an income maintenance ernment is currently spending in excess of $1 tion for quality home education. specialist for the Food Stamp Program in Jer- million in an unprecedented effort to paint a Home education has always been unique sey City. Her dedicated service to senior citi- highly favorable picture of its economy. because it provides the opportunity for chil- zens began with the Cuban refugee program But the record indicates this is no economic dren to be taught by their parents or someone in her adopted hometown of Union City. There miracle; it is an economic mirage, built on ex- the parents trust. Home educators are able to Ms. Gil-Ramos witnessed the difficult process ploited foreign labor. meet the individual needs of their children by of adjustment experienced by many Cuban Freed from U.S. immigration and minimum designing educational lessons for each child. seniors in their new environment. Resolved to wage laws, the CNMIÐ They also provide children in home education make a positive difference in the lives of the Uses its immigration policy to open its bor- numerous opportunities to learn through senior citizens in the community, Ms. Gil- ders to a flood of foreign workersÐfrom the hands-on activities, where they are able to Ramos instituted the Tertulias de Antano rec- Philippines, China, and other Asian coun- apply what they are learning in real-life set- reational program on October 13, 1974. triesÐthat now outnumber the indigenous tings. The one-on-one interpersonal ties that Ms. Gil-Ramos is the heart and soul of population. are developed in home education between a Tertulias de Antano. This invaluable program Maintains a minimum wage of as little as parent and their children establish solid dispenses information concerning English-lan- $2.90 an hour for garment workersÐand far mentoring relationships. guage programs, health care issues, and com- less for household workers and farmersÐde- I know of many families in the Seventh Dis- munity events to area seniors. Presently, this spite promises to bring wages to the Federal trict of Missouri that I represent who educate uniquely beneficial program is applauded by level. their children through more than just their text- senior citizens from countries throughout Latin Ignores employer restrictions against U.S. books. They regularly take field trips and con- America who have found a new home in Hud- lawsÐsuch as the right to unionize and to re- duct science experiments so that they can son County. Ms. Gil-Ramos' vision and com- ceive all wages earned, instead maintaining a apply what they are learning. I know one fam- mitment to excellence are evident in the pleas- bureaucracy that makes it all but impossible ily who has entered award-winning projects in ure experienced by senior citizens who have for workers to seek redress. the Ozark Empire Fair in science and drawing benefited from the services of Tertulias de Fails to prosecute aggressively those who competitions as well as winning awards re- Antano. mistreat and abuse foreign labor by forcing gionally and statewide in speech contests. The It is an honor to have Ms. Lidia Gil-Ramos them into prostitution and other types of invol- Will Purvis family is one of many southwest and Tertulias de Antano as parts of the com- untary sexual activity, who restrict their ex- Missouri families who are making a visible dif- munity in my district. They are shining exam- pressions of political beliefs, and who deny ference in the education their children through ples of what can be accomplished when peo- them the wages they have earned. In fact, home education. ple work together toward a common goal. many workers have said that speaking out I want to thank each parent who has made f against battery and rape, against unsanitary the decision to educate their children at home. living barracks, against illegal wage This decision requires a great amount of dedi- PERSONAL EXPLANATION withholdings, long hours or violations of their cation. This dedication requires planning and work contract, can result in prompt deportation preparation that involves many extra hours HON. DIANA DeGETTE and the forfeiture of their wages. and late nights of preparation. Their dedication OF COLORADO Congress in recent years, on a bipartisan results pay off in home-educated students that IN THE HOUSE OF REPRESENTATIVES basis, has called upon the CNMI to end these do well when they compete with their peers Thursday, April 24, 1997 abuses, but with little effect. In fact, the CNMI nationwide in private and public schools and in Government has passed several laws that ac- higher education. We should continue to sup- Ms. DEGETTE. Mr. Speaker, I was unavoid- tually roll back worker protections, and broke port their dedication as they continue to make ably detained on the evening of Thursday, a promise to the U.S. Congress to raise its a visible difference. April 17, 1997, during rollcall vote No. 85. Had minimum wage across the board, to the Fed- f I been present, I would have voted ``no.'' eral level. f This continuing pattern of abuse and indif- IN HONOR OF TERTULIAS DE ference to human exploitation demands a ANTANO AND ITS FOUNDER U.S. POSTAL SERVICE ISSUES rapid response from the Congress and from LIDIA GIL-RAMOS: MAKING A STAMP TODAY HONORING RAOUL the Clinton administration. Today, along with DIFFERENCE FOR SENIOR CITI- WALLENBERG several cosponsors, I am introducing legisla- ZENS IN NORTH HUDSON COUN- tion to protect the integrity of the ``Made in TY HON. TOM LANTOS USA'' label by only permitting its use when all OF CALIFORNIA applicable labor laws are obeyed. HON. ROBERT MENENDEZ IN THE HOUSE OF REPRESENTATIVES This legislation will increase the minimum OF NEW JERSEY Thursday, April 24, 1997 wage in the CNMI in stages until it matches IN THE HOUSE OF REPRESENTATIVES the Federal level. Mr. LANTOS. Mr. Speaker, today at a ex- Lastly, this legislation will also bring the Thursday, April 24, 1997 tremely moving ceremony at the U.S. Holo- CNMI under the Immigration and Naturaliza- Mr. MENENDEZ. Mr. Speaker, I rise today caust Memorial Museum, a stamp honoring tion Service which, unlike the CNMI's Govern- to pay tribute to an exceptional woman, Ms. Swedish humanitarian and Holocaust hero ment, has the skills and resources to establish Lidia Gil-Ramos and the exceptional organiza- Raoul Wallenberg was issued. This is a most credible and enforceable policies that do not tion which she founded, Tertulias de Antano. appropriate step, and I congratulate the Postal sanction the exploitation of men and women. The contributions of Ms. Lidia Gil-Ramos and Service for this action. Raoul Wallenberg was E750 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 1997 responsible for saving as many as 100,000 camps, is shown in the upper left corner. Burt Unfortunately, for Americans who fall victim lives in Budapest, Hungary, in the closing Silverman, the designer of the stamp, is an to such disasters, the problems they face don't days of World War II. established artist whose work has appeared necessarily subside with the waters. Inflexible It is most appropriate that we honor Raoul on the cover of the New Yorker magazine. tax law and undue administrative burdens Wallenberg with a U.S. stamp. In this age de- In recognition of his heroism, the U.S. Con- often cause individuals added grief when deal- void of heroes, Wallenberg is the archetype of gress has recognized and honored Raoul ing with the Internal Revenue Service. In the a heroÐone who risked his life day in and day Wallenberg on a number of occasions in the wake of these recent disasters, it is altogether out, to save the lives of tens of thousands of past, acknowledging the debt of the United appropriate that the Federal Government do people he did not know, whose religion he did States and all humanity to this great man. In what it can to help provide relief to these tax- not share. 1981 the Congress enacted and President payers. Mr. Speaker, I want to salute the men and Reagan signed legislation I introduced making The Internal Revenue Service, through reg- women of the U.S. Postal Service, and Post- Wallenberg an honorary U.S. citizen. ulations and other guidance, routinely extends master Gen. Marvin Runyon, for their help and Wallenberg was the second individual after Sir many tax-related deadlines for disaster vic- support in recognizing and honoring the leg- Winston Churchill to be recognized by being tims. However, many other deadlines are firm- acy of Raoul Wallenberg. The cooperation and made an honorary U.S. citizen. ly set by law and the IRS is not permitted to assistance for today's ceremony from the U.S. In 1986 in cooperation with our former col- extend them through administrative regula- league Bill Lowery of California, we renamed Holocaust Memorial Museum and its staff was tions. My bill will authorize the Secretary of the the section of 15th Street, S.W., where the invaluable in today's most impressive cere- Treasury to extend these tax deadlines for a U.S. Holocaust Memorial Museum is now lo- mony. period of up to 90 days. I want to offer special thanks to a number cated, as ``Raoul Wallenberg Place.'' In 1994, Taxpayer actions covered by this legislation of individuals who participated in today's cere- the Congress approved legislation to place a include the filing of tax returns, the payment of mony: my colleague, Senator CARL LEVIN; bust of Raoul Wallenberg on permanent dis- taxes, and the filing of petitions with the Tax Miles Lehrman, chairman of the U.S. Holo- play in the U.S. Capitol. Court. Additionally, my bill would allow tax- caust Memorial Council; S. David Fineman, Whatever Wallenberg's fate, his heroic payers to retain eligibility for any credits or re- Postal Service Governor; and my grand- achievements remain a shining beacon in the funds during the Secretary's prescribed exten- daughter Chelsea Lantos-Swett. I also want to darkest moment of human history. This hero sion period. All rights associated with this eligi- pay tribute to the efforts of Ilene Munetz of the Holocaust, whose heroism saved tens bility would also be extended, permitting tax- Pachman, who energetically pursued her of thousands of lives, has achieved inter- payers to file appropriate claims for these dream of a stamp honoring Raoul Wallenberg, national recognition, respect, and admiration. credits and refunds and to bring suit upon and my wife Annette, who has devoted so People everywhere remember his courageous these claims. much of her life to making known the story of deeds in Budapest and the incalculable injus- Wallenberg and worked tirelessly for the re- tice of his incarceration in the Soviet Union. Mr. Speaker, this problem of inflexible tax lease of Wallenberg from Soviet prison. We This recognition todayÐissuing a United laws was highlighted by a recent IRS news re- were honored at the Holocaust Museum today States postage stamp in his honorÐis only the lease, dated March 12, 1997. In it, the agency with the presence of a number of our col- latest appropriate tribute to this outstanding announced that it had extended certain dead- leagues from the Congress, as well as a num- human being. lines related to pension plans for taxpayers af- ber of representatives of the diplomatic corps. My wife Annette and I owe our lives to fected by federally declared disasters. How- Born on August 4, 1912, an heir of a promi- Raoul Wallenberg, an authentic hero of the ever, it also listed a series of deadlines that nent Swedish banking family, Raoul Holocaust. In one of the tragic ironies of his- the agency could not administratively extend Wallenberg studied architecture at the Univer- tory, this man who saved tens of thousands because they are firmly set by law. My bill sity of Michigan in the 1930's. In 1944, at the disappeared into the Soviet Gulag. His deeds would grant the IRS the appropriate authority urging of the United States Government's War must never be forgotten. The commemorative to extend any deadlines faced by taxpayers Refugee Board, he was appointed a Swedish Wallenberg stamp will help us remember this victimized by such disasters. special diplomatic envoy to Hungary. Without beacon of hope that shined in history's darkest Mr. Speaker, this legislation also simplifies regard for his own safety, Wallenberg went to moment. the process by which taxpayers establish their Hungary and worked to save tens of thou- f disaster losses for tax purposes. Often, as a sands of Jews from Nazi death camps, pri- result of a Presidentially declared disaster, in- INTRODUCTION OF THE DISASTER dividuals seek Federal loans or Federal loan marily by issuing Swedish protective passports RELIEF TAX ACT OF 1997 and establishing safe houses under Swedish guarantees to help them rebuild their homes diplomatic protection where Jews were able to or businesses. To obtain these loans or loan find some protection from Nazi thugs. HON. WALLY HERGER guarantees, taxpayers must have their prop- Wallenberg also is properly credited with sav- OF CALIFORNIA erty damage appraised by the Federal Gov- ing as many as 70,000 lives when he stopped IN THE HOUSE OF REPRESENTATIVES ernment. Incredibly, however, these taxpayers the bombing of the Jewish ghetto in Budapest Thursday, April 24, 1997 may have to obtain an additional appraisal to by boldly threatening a Nazi general. Mr. HERGER. Mr. Speaker, today I am in- establish the amount of their losses for tax What makes Raoul Wallenberg's incredible troducing the Disaster Relief Tax Act of 1997, purposes. I believe that this duplication is an heroism so tragic is the fate he suffered fol- a bill which will provide important relief to tax- unnecessary burden to impose on taxpayers lowing his extraordinary exploits in Budapest. payers affected by a Presidentially declared who have already been victimized by disas- He was arrested by Soviet military officials on disaster. ters. Taxpayers should be allowed to use ap- January 17, 1945, and disappeared into the Earlier this year, California experienced the praisals performed or authorized by the Fed- shadowy, half-world of the Gulag. It is the ulti- worst flooding in State history. In the Sac- eral Emergency Management Agency, the mate irony that this man, who did so much for ramento Valley, levee failures on the Feather Small Business Administration, or other Gov- so many, suffered such a fate. That tragedy is River, the Bear River, and the Sutter Bypass ernment agencies to calculate their disaster further compounded by the uncertainty sur- caused extensive flooding of over 80,000 losses. My bill explicitly authorizes the IRS to rounding the ultimate fate of Raoul acres in residential and agricultural areas. issue regulations or other guidance imple- Wallenberg. In 1957, the Soviet Government Nine Californians tragically lost their lives in menting this change, and I anticipate that this issued an official statement that Wallenberg these floods, and some 120,000 others were would be done promptly upon enactment. had died in 1947 from a heart attack. The displaced from their homes. In total, the floods Mr. Speaker, I believe that the Internal Rev- Russian Government reaffirmed again in 1991 caused more than $1.6 billion in damage. A enue Service should have the appropriate au- that he had died in 1947, but they provided no full 48 of the State's 56 counties were de- thority to do what is fair. The Disaster Relief additional details or other confirming evidence. clared Federal disaster areas, including each Tax Act of 1997 does just that. Americans Mr. Speaker, the stamp that is being issued of the 10 northern California counties that I who have already been victimized by floods, today features a profile portrait of Wallenberg represent. earthquakes, hurricanes, or other Presi- on the telephone. In the background, a group Today, the newspapers are filled with more dentially declared disasters should not also be of Holocaust survivors looks over his shoulder. heart-breaking stories of incredible floodingÐ victimized by inflexible tax laws and undue ad- A Schutzpass, the protective passport docu- this time in North Dakota. We are once again ministrative burdens. I urge my colleagues to ment which he issued in an effort to save the reminded how easily lives and communities cosponsor this important and much-needed lives of Jews destined for extermination can be uprooted by the force of nature. legislation. April 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E751 AFRICAN GROWTH AND In addition, the bill would extend the gener- have since passed through their doors. Initially OPPORTUNITY ACT alized system of preferences [GSP] program, located at St. John's Reform Church on Fair- which provides duty-free access to the United view Avenue, The Square Meal moved to HON. PHILIP M. CRANE States market to imports of eligible items from Christ Church United Methodist in Journal OF ILLINOIS developing countries, permanently for Sub-Sa- Square, where it remained until July 1991 IN THE HOUSE OF REPRESENTATIVES haran Africa. It also would allow the President when it then relocated to its original, and cur- Thursday, April 24, 1997 to designate countries in the region as eligible rent, home at St. John's Reform Church. for additional GSP benefits on products cur- Later, Let's Celebrate's goal to reduce hun- Mr. CRANE. Mr. Speaker, I am pleased to rently excluded from coverage by the program. ger expanded to include job training. With a join with so many of my colleagues today in Recognizing that textile and apparel products major grant from United Parcel Service, as reintroducing legislation intended to open a development could result in immediate job cre- well as additional financial support from Philip new era of trade and investment relations be- ation in Sub-Saharan Africa that would not Morris, the Job Power program was born. This tween the United States and the countries of threaten existing jobs in the United States, the training program in the culinary arts has grad- Sub-Saharan Africa. bill also states that the administration should uated 85 students ready to be productive For more than three decades, the United continue its ``no quota'' policy toward the remembers of the work force. In 1995 Let's Cel- States has supported a variety of foreign as- gion on these products. ebrate instituted the Housing Plus program to sistance programs designed to aid the coun- As I again offer this legislation, I would like assist individuals with special medical needs. tries of Sub-Saharan Africa. Unfortunately, tra- to take the opportunity to recognize significant This invaluable program enables clients to re- ditional foreign aid alone will not lead to the contributions made to this initiative by two of ceive medical case management along with level of economic development that we would help on housing issues. Another service pro- all like to see on the African continent. In the my colleagues on the Ways and Means Com- mittee, Congressman CHARLIE RANGEL and vided by Let's Celebrate is the G.E.D. pro- long run, private sector investment and devel- gram located at the Square Meal Community opment must serve as the catalyst for Sub-Sa- Congressman JIM MCDERMOTT, who worked with me throughout the past Congress to build Center, providing area residents the oppor- haran African countries to compete in the tunity pursue a high school diploma. global marketplace, to become self-reliant, and a consensus. To initiate consideration of the th It is an honor to have such an exceptional to raise the standard of living for their people. issue by the 105 Congress, I have scheduled a hearing on this legislation in the Ways and organization working in my district benefitting At present, however, there is no initiative un- the underprivileged of Jersey City. Let's Cele- derway to engage the countries in Sub-Saha- Means Trade Subcommittee, which I chair, for Tuesday, April 29. I look forward to listening to brate has helped enhance the meaning of ran Africa as business partners through trade community service. and investment. the testimony that the subcommittee will receive that day and to continuing to work with I believe that we have an opportunity in the f 105th Congress to fill this major gap in U.S. my colleagues on a bipartisan basis to move trade policy and in our relations with the re- this legislation forward. TRIBUTE TO PYRAMID ACADEMY gion, which consists of a diverse set of 48 f IN MEMPHIS, TN countries, many of which have undergone sig- IN HONOR OF ‘‘LET’S CELE- nificant political and economic change in re- BRATE’’—MAKING A DIFFERENCE HON. HAROLD E. FORD, JR. cent years. At this time, more than 30 Sub-Sa- IN THE LIVES OF JERSEY CITY OF TENNESSEE haran African countries have taken steps, RESIDENTS FOR 15 YEARS IN THE HOUSE OF REPRESENTATIVES under the guidance of bilateral and multilateral Thursday, April 24, 1997 donors such as the World Bank and the Inter- national Monetary Fund, to create the nec- HON. ROBERT MENENDEZ Mr. FORD. Mr. Speaker, I rise to praise the essary environment to attract private sector in- OF NEW JERSEY achievements of the students, faculty, and the vestment. In addition, more than 25 nations in IN THE HOUSE OF REPRESENTATIVES principal of Pyramid Academy in Memphis, TN. Pyramid Academy is an alternative school the region have held democratic elections Thursday, April 24, 1997 since 1990. serving teen mothers and children with behav- Given the changes that are taking place in Mr. MENENDEZ. Mr. Speaker, I rise today ioral problems. Most of the students at Pyra- Sub-Saharan Africa, I believe that it is appro- to pay tribute to an extraordinary organization, mid come from a world of obstacles and dis- priate for us to shift our policy toward the re- ``Let's Celebrate,'' which is committed to mak- advantages. Many of them have been thrown gion. In particular, we must reach out to the ing a difference in the lives of the residents of off track by poor choices or a lack of direction. Sub-Saharan African countries which have in- Jersey City. Let's Celebrate's contributions will As its name symbolizes, however, the Pyra- stituted programs to put their economies on be recognized during festivities to be held at mid Academy, is giving these young men and the right track; we want them to succeed in Casino in the Park Restaurant in North Bergen women the building blocks they need to rise to charting a new course for their future. I also on April 25, 1997. the top. The school administrators transformed must note the reforms underway in Sub-Saha- The mission of Let's Celebrate was born in the way they educate and rehabilitate their ran Africa present many new trade and invest- 1981 when a small group of Jersey City clergy students. They moved away from a punitive ment opportunities for United States exporters formed a coalition to combat hunger and approach toward a holistic one, focusing on and workers, particularly in the area of infra- homelessness. Their efforts decreased hunger dropout prevention, personal development, restructure development. The legislation I am in- and homelessness in Jersey City. This led to sponsible parenting, and achievement. Before troducing today is designed to bring our pri- the incorporation of Let's Celebrate as a non- this transformation, police walked the halls, vate sectors together by providing the nec- profit organization dedicated to moving people and in the words of the principal, the school essary framework to open a mutually bene- from hunger to wholeness, in 1982. Jersey was nothing more than `à holding tank.'' ficial trade and investment dialogue between City residents have become the beneficiaries Those who doubt or question the power of the United States and Sub-Saharan African of the enormous commitment and compassion placing high expectations and standards on countries. of the visionaries who founded ``Let's Cele- our students, need only look to the example The legislation being reintroduced today, the brate.'' set by Pyramid Academy. As evidence, five African Growth and Opportunity Act, calls for The original mission of Let's Celebrate has young ladies from Pyramid Academy won first the negotiation of free-trade agreements with been greatly expanded over the past 15 years. place in the African-American Knowledge countries or regions in Sub-Saharan Africa The first turn in the road toward self-suffi- Bowl, sponsored by the Memphis City that are taking appropriate steps to reform ciency, paved by the efforts of this organiza- Schools. I would like to include the names of their economies. To help give momentum to tion, was the Emergency Food Network, a col- the Grand Champion Knowledge Bowl team these negotiations, and to focus greater atten- lection of food pantries focused on meeting and ask the House of Representatives to join tion on Sub-Saharan Africa by the United the emergency food needs of both individuals me in honoring their achievements: Meisha States private sector, the bill calls for the cre- and families. Within a short period of time, the Harris, Tamika Williams, Edwina Jefferson, ation of a United States-Sub-Saharan Africa need for prepared meals became obvious, due Cortisa Thomas and Alicia Currie. These trade and economic cooperation forum. This to the number of clients served by Let's Cele- young women are sources of inspiration for forum will provide regular opportunities for pol- brate who did not have access to cooking fa- the House of Representatives. They are my icy leaders and heads of state to meet to dis- cilities. Thus, The Square Meal Soup Kitchen heroes. I would also like to include, in the cuss issues of mutual interest and to keep the was established on December 7, 1983, a day CONGRESSIONAL RECORD, a newspaper article trade negotiations on track. which will long be remembered by those who chronicling their achievement. E752 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 1997 [From the Commercial Appeal, Apr. 17, 1997] The billboard industry benefits as much as cut wasteful spending. I am delighted to ALTERNATIVE SCHOOL PROMOTES any other industry from our National Highway present information regarding two projects ACHIEVEMENT System. In fact, the industry even charges important to my community which fall under your Subcommittee’s jurisdiction and (By Regina L. Burns) customers according to the number of cars to urge your continued support for these sig- A 25-year Memphis City Schools educator, that pass by the billboard on a given day. De- nificant projects. John White, is finding that expelled and spite its reliance on taxpayer-funded roads, As you know, the Congressional district board-suspended students, along with teen the billboard industry contributes nothing to that I represent is geographically unique and parents, can be motivated to achieve using the construction and maintenance of our Na- diverse. My Congressional district comprises high expectations instead of the police and tion's roads. It is time that the billboard indus- the San Francisco Peninsula which is home corporal punishment. to the residents of the City of San Francisco White, principal at Pyramid Academy for try paid its fair share. The Billboard Fair Share Act would levy a and northern and central San Mateo County. seven years, points to his school’s recent The Peninsula is flanked by the Pacific championship at the sixth annual African- tax on each billboard of 15 percent of gross Ocean to the West and by the San Francisco American Knowledge Bowl as proof of his revenues generated from the billboard. This is Bay to the east. Steep coastal mountains run philosophy. the same amount that billboard companies up the middle of the Peninsula. ‘‘It just made me feel so good. I was just usually pay a property-owner for the right to To the east of these mountains are the bubbling up with joy,’’ proclaimed White, 53, construct and maintain the billboard on the densely populated cities of San Mateo Coun- who pushed for the alternative school’s name property-owner's land. The revenue generated ty which are located along the San Francisco change from Comprehensive Pupil Services from this tax would be divided between sur- Bay. The Bay front itself consists of the San Educational Center. Francisco International Airport, Candlestick The April 7 competition at the National face transportation and funding for enhance- Park, light industry, salt flats and the Port Civil Rights Museum was sponsored by the ment projects under ISTEA. In both cases, it of Redwood City. Residential neighborhoods Memphis City Schools Adolescent Parenting would be used to improve our national system and commercial areas lie between the Bay Mental Health Team, said Sherry Hardy, a of roads. front and the mountain ridges. To the west school social worker in the Adolescent As Congress works to reauthorize ISTEA of the mountains, which follow the San Parenting Program. while balancing the budget, it is important that Andreas fault, are the coastal communities ‘‘The schools that participated are in- we ensure that all road users contribute to of San Mateo County, including Pacifica, volved in our Rites of Passage effort,’’ ex- which lie on the Pacific Ocean. plained Hardy. The Rites of Passage program providing transportation funding. While the bill- The City of Pacifica is located a few miles is designed to help young African-American board industry may not be a traditional road south of the City of San Francisco. It is sur- men and women with development and re- user, it is equally clear that they directly bene- rounded by the Central Coast Ranges and by sponsibilities as they move toward adult- fit from road construction. In fact, the billboard the Pacific Ocean. City limits include three hood. industry is entirely dependent upon roads. ridge systems and their adjacent valleys and Dr. Theresa Okwumabus, supervising psy- All highway users must be willing to help hillsides, set against a coastline of beaches chologist for the Adolescent Parenting Men- build and maintain our Nation's roads. It is and rugged headlands. San Pedro Creek has tal Health Team, initiated the Knowledge time for billboards to pay their fair share. the largest drainage area and flows four Bowl and the Rites of Passage program. She miles through the narrow San Pedro Valley f said, ‘‘The students interacted in a positive and the Linda Mar District to the Pacific way with other children and experienced suc- SUPPORT FUNDING FOR SAN Ocean. Linda Mar is the most populous of cess in knowing about their culture and PEDRO CREEK WETLANDS RES- several seaside communities in Pacifica. their history.’’ This area has experienced numerous floods in Five students from Pyramid Academy TORATION AND FLOOD CONTROL recent history with flood damage occurring helped bring home the trophy. They are 11th- PROJECT mostly in the lowest reaches of the creek. grader Edwina Jefferson, ninth-grader Alicia San Pedro Creek has historically flooded Currie, 12th-grader Mlesha Harris, ninth- HON. TOM LANTOS on a 10-year cycle. The mountains and hills grader Cortisa Thomas and 11th-grader around San Pedro Valley are steep and rain- OF CALIFORNIA Tamika Williams. Their teacher is Erma fall and runoff can be rapid and intense. Cur- Sanders, a social studies instructor. IN THE HOUSE OF REPRESENTATIVES rently, the lower reaches of the San Pedro The second-place winner is Chickasaw Jun- Thursday, April 24, 1997 Creek channel can contain within its banks, ior High. Raineshaven Elementary captured at maximum, an 8- to 10-year runoff event. third place. Other finalists were Caldwell El- Mr. LANTOS. Mr. Speaker, I rise today in The last major flooding occurred there in ementary, Ida B. Wells Academy and strong support of the President's 1998 budget 1982 when more than 300 homes were flooded Whitehaven High school, according to Hardy. request for the U.S. Army Corps of Engineers. and more than $5 million of damage oc- ‘‘I’m an advocate for having an alternative As you know, the Army Corps of Engineers is curred. school in every school. When I came here, responsible for the planning, design, construc- The City of Pacifica has been working this was a holding tank. We changed the tion, operation, and maintenance of important closely with the US Army Corps of Engineers name. We got rid of the police. We don’t need flood control projects around our Nation. I urge for more than 15 years in developing a flood the police. I think it sends the wrong mes- control project to provide 100 year flood con- sage,’’ explained White. continued support for full funding of the Con- trol protection in the Linda Mar Valley. A He said his school has its share of difficul- tinuing Authorities Program which will ensure number of plans were originally proposed, ties but they are minimal. Each morning that important flood control projects around but were stalled due to lack of funding and students and faculty gather at a ‘‘daily brief- our Nation can proceed on schedule. Full environmental concerns. Two alternative ing.’’ funding will also ensure that there will be no projects were considered as possible solu- ‘‘We reiterate our expectations on a daily delays in construction of projects that have al- tions to the flood problem. However, due to basis. We ask any student who feels like ready been started. environmental concerns and prohibitive rappin’, tappin’, singing or cursing to come Mr. Speaker, I recently presented testimony mitigation requirements associated with ei- down front. If anyone has had any difficulty, ther alternative, a third alternative was de- we have someone for them to talk to,’’ he to the House Appropriations Subcommittee on veloped by the City and residents in the com- said. Energy and Water Development regarding two munity. This alternative would consist of a f local issues important to residents of the San diversion structure, an underground bypass Francisco Bay area. I respectfully request that channel, a floodwall, and the creation of a IT’S TIME FOR BILLBOARDS TO my testimony appear in the RECORD for the wetland-flood basin. PAY THEIR FAIR SHARE benefit of my colleagues in the House. The City and the Corps now propose to restore the tidally-influenced, freshwater wet- TESTIMONY OF CONGRESSMAN LANTOS BEFORE lands associated with the lower reach of San THE HOUSE APPROPRIATIONS SUBCOMMITTEE HON. JOHN LEWIS Pedro Creek to provide flood control in the ON ENERGY AND WATER DEVELOPMENT OF GEORGIA Linda Mar District of Pacifica. The restora- March 31, 1997 IN THE HOUSE OF REPRESENTATIVES tion design as proposed will restore 10.1 acres Mr. Chairman, I appreciate the oppor- of one of the rarest wetland types on the Pa- Thursday, April 24, 1997 tunity to present testimony to your Sub- cific coast of North America. The project Mr. LEWIS of Georgia. Mr. Speaker, today committee as you begin to consider the En- will also enhance a significant fisheries re- ergy and Water appropriations bill for fiscal I am introducing the Billboard Fair Share Act, source, i.e., a steelhead (Oncorhynchus year 1998. We in Congress face difficult chal- mykiss) run, and restore wildlife habitats for legislation that would levy a 15 percent tax on lenges and painful choices as we work to re- migratory waterfowl and other associated the revenue from billboards and direct that duce the federal budget deficit. I applaud wildlife. money to help pay for our transportation sys- your record in this area and you can count Mr. Chairman, the San Pedro Creek Wet- tem. on my continued support of serious efforts to lands Restoration and Flood Control Project April 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E753 is truly a local and federal government part- IN HONOR OF LA TRIBUNA NEWS- his effort to protect the mountains, from serv- nership model. As of March 1997, the federal PAPER: CELEBRATING 35 YEARS ing on the Santa Monica Mountains Com- government has invested over $600,000 toward OF DEDICATED SERVICE TO NEW prehensive Planning Commission Advisory the development of a solution to flooding problems in the Linda Mar district of the JERSEY’S HISPANIC COMMUNITY Committee, the Sierra Club's Santa Monica City of Pacifica. The City of Pacifica has Mountains Task Force, and the Santa Monica contributed $537,000. These funds have been HON. ROBERT MENENDEZ Mountains Trails Council Board. Dave has used to complete the planning phases of OF NEW JERSEY done extensive work on monthly newsletters study for the proposed project. In order to IN THE HOUSE OF REPRESENTATIVES which served to defend the mountains from complete the project, a final design phase Thursday, April 24, 1997 over development. will be required. This will be followed by ac- Mr. Brown has indeed been a lifelong stew- quisition of real estate by the City and con- Mr. MENENDEZ. Mr. Speaker, I rise today struction of the project. The City plans to ard of the Santa Monica Mountains, ensuring to recognize a truly special occasion, the 35th that this natural sanctuary will be available for invest $13 million in real estate acquisition anniversary of La Tribuna newspaper. This and $475,000 in design and construction. The generations to come. Federal contribution for design and con- momentous event in my State's journalism f struction is estimated to be only $4.425 mil- community will be recognized at a gala ban- lion. quet to be held Friday, April 25, 1997, at the HELP CLEAN UP OUR HIGHWAYS Mr. Chairman, I would like to provide you Fiesta Restaurant in Wood-Ridge, NJ. with an update on the future actions that are In 1962, large numbers of Hispanic immi- HON. JOHN LEWIS necessary to complete this very important grants began relocating to New Jersey. At that OF GEORGIA and much-needed flood control project. The time, few newspapers were being published in IN THE HOUSE OF REPRESENTATIVES technical analysis is essentially complete for their native language. La Tribuna was one of the San Pedro Creek flood Control feasibility Thursday, April 24, 1997 study. Completion of the Environmental im- the first news sources committed to keeping pact Statement Report (EIS/R) and main re- the Spanish-speaking community in touch with Mr. LEWIS of Georgia. Mr. Speaker, today port is contingent upon receipt of the US its government and the rest of the world. I am introducing the Visual Pollution Reduction Fish and Wildlife Service biological opinion For 35 years, La Tribuna has shone light on Act, legislation that would reduce the clutter of regarding the potential impact on the re- daily events affecting the Hispanic community. billboards along our Nation's roads and high- cently listed California red-legged frog. Re- Part of the foundation of the U.S. Constitution ways. cent communications with the Fish and is freedom of the press. La Tribuna brings this Today, Scenic America released a report Wildlife Service indicated no significant ideal to life for the Hispanic community on a entitled ``The Highway Beautification ActÐA changes to the proposed design will be re- weekly basis through the paper's commitment quired. The Feasibility Study and EIS/R is Broken Law.'' The report detailed how, despite expected to be completed in Spring 1997. It is to truth and fairness. Whenever and wherever the Highway Beautification Act, the number of expected that the initial plans and specifica- news happens, La Tribuna is at the forefront billboards along our Nation's highways has tions will be completed in the Summer of of articulating events in a concise, no-non- continued to grow. Each year 5,000 to 15,000 1997. Construction is expected to commence sense manner. additional billboards are built. Billboards that in FY 1998. Under the direction of publisher and editor do not conform to States and local zoning or- Mr. Chairman, during the recent series of Ruth Molenaar, La Tribuna has grown to be a devastating storms and floods in the West dinances continue to clutter our Nation's well-respected member of New Jersey's news roads. In addition, State highway departments and in California this winter, residents in community. The people of my district, and Linda Mar received alarming warning no- subsidize the billboard industry by operating tices from the City of Pacifica urging them New Jersey are fortunate to have Ms. permitting programs that lose money and use to prepare to evacuate their homes. Fortu- Molenaar and her staff, including Lionel taxpayer funds to cut down trees to improve nately, residents were spared the heaviest Rodriguez, providing fair and accurate news billboard visibility. and most devastating rains of these storms coverage. They have been a reliable voice for Billboards destroy the scenic beauty of our and San Pedro Creek did not flood. History the Hispanic community for almost two gen- countryside and the architectural beauty of our tells us, however, that it is only a matter of erations. time until the next flood. It is imperative inner cities. Billboards sell liquor and ciga- It is an honor to have La Tribuna operating rettes to our Nation's children, especially in that we provide funding for flood control be- in my district. Its efforts have helped our Na- fore the next significant flood. I urge the full inner-city neighborhoods and poor commu- funding of the San Pedro Creek Wetlands tion's Hispanic community to blossom and nities. Billboards are visual pollution. Restoration and Flood Control Project. flourish. I ask that my colleagues join me in For this reason, I am introducing the Visual Mr. Chairman, I would like to address an- applauding this remarkable organization for all Pollution Reduction Act. This bill would pro- other project in my region over which your it has done for the Hispanic community. hibit new billboards in unzoned, rural areas. It Subcommittee has jurisdiction. Although f the Port of Redwood City is no longer in my would place a cap, at the current level, on the Congressional district (due to redistricting TRIBUTE TO DAVID BROWN total number of billboards permitted in a State. in 1992), the continued success of the Port And, it would prohibit States from removing nonetheless does have an impact on the HON. BRAD SHERMAN trees and other vegetation to make a billboard economy of the region. more visible. OF CALIFORNIA As you know, due to the shallow nature of The Highway Beautification Act is broken. IN THE HOUSE OF REPRESENTATIVES San Francisco Bay, maintenance dredging of We must fix it. I hope that Congress will do the Bay is necessary to ensure safe naviga- Thursday, April 24, 1997 tion of ocean-going ships. The Port of Red- the right thing and pass the Visual Pollution wood City currently has an authorized depth Mr. SHERMAN. Mr. Speaker, I rise today to Reduction Act. America's highways would be of 30 feet. It is currently on a 3-year dredging honor David Brown who this week was named visibly improved. cycle to maintain this authorized depth. The Citizen of the Year by the Las Virgenes f most recent maintenance dredging of Red- Homeowners Association. Mr. Brown has wood City Harbor was completed in Septem- been an outspoken advocate in our commu- WEST CHESTER UNIVERSITY’S ber 1996 to 30 feet. The next maintenance nity for 25 years, and recognition of his good 125TH ANNIVERSARY dredging is scheduled for March 1999. work is long overdue. There is concern that the new, larger ves- Mr. Brown has used his multitude of talents sels which call on the Port require more HON. CURT WELDON than 30 feet of draft. These vessels are forced to work in areas as diverse as teaching, writ- OF PENNSYLVANIA to light load and top off at other ports—sig- ing, publishing, and as a planning commis- IN THE HOUSE OF REPRESENTATIVES sioner and citizen activist. Fortunately, he has nificantly adding to the cost of calling on Thursday, April 24, 1997 the Port. There is concern that this will sig- seen fit to use his talents for the greater good nificantly reduce the commercial viability of of our local community. Dave brings to his Mr. WELDON of Pennsylvania. Mr. Speaker, the Port. I urge you to support a reconnais- work a rare blend of expertise and a tireless I would like to take this opportunity to salute sance study to determine the federal inter- spirit of volunteerism. Although he has given my alma mater, West Chester University, on ests, costs, benefits and environmental im- freely of his time and resources to many wor- the occasion of its 125th anniversary. On Sep- pacts of deepening Redwood City Harbor. Thank you, Mr. Chairman, for your sup- thy causes, his top priority has always been tember 25, 1871, Principal Ezekiel Cook wel- port and for the opportunity to provide you protection of the Santa Monica Mountains. comed the first class of students to West with information concerning these impor- His dedication to protect the Santa Monicas Chester University, then known as the West tant projects. is unparalleled. He has played various roles in Chester Normal School. Since that first year E754 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 1997 when the Normal School was made up of only It is an honor to have a notable organization ing or working for small businesses located 156 students, the principal, and 11 faculty such as the Kiwanis Club of North Hudson around the town square. He lived what many members, West Chester University has blos- serving the residents of my district. It is a shin- people only talk about today—family values, love of God and Country, community service, somed and expanded as a provider of quality ing example of community service at its best. and the pride and rewards of work. education for today's young people. f His love of politics and the desire to help Today, more than 10,000 undergraduate the people came naturally. His father, Gene students and nearly 2,000 graduate students DEDICATION OF HERMAN Talmadge, was elected Governor of Georgia are enrolled at West Chester University, re- TALMADGE HIGHWAY four times. Following his graduation from ceiving an affordable quality education. In fact, the University of Georgia School of Law, a West Chester University is now the second HON. MAC COLLINS young Herman Talmadge was tapped to run his father’s campaign for the United States largest of the institutions that make up Penn- OF GEORGIA Senate. Gene Talmadge lost to the incum- sylvania's State system of higher education. IN THE HOUSE OF REPRESENTATIVES bent Senator but went on to win his third The university offers these students a wide Thursday, April 24, 1997 term as Governor two years later. And his variety of educational opportunities, including son was right there with him. Herman Tal- degrees in the arts and sciences, teacher Mr. COLLINS. Mr. Speaker, I rise today to madge gained valuable hands-on experience training and certification, continuing education pay homage to a former distinguished member and state-wide contacts that would serve classes for adults, and advance study in medi- of the U.S. Congress. I speak of Herman Eu- him well in the years to come. cine, law, and education. In fact, I am so con- gene Talmadge, U.S. Senator from the State Following the campaign, he joined the of Georgia, former chairman of the Senate Ag- United States Naval Reserve and was com- vinced of the superior educational offerings of missioned an ensign. During World War II, my alma mater that I didn't hesitate when two riculture Committee and vice chairman of the Senate Finance Committee. On Wednesday, his bravery and courage were demonstrated of my three daughters told me that they want- time and again as he requested transfer from ed to attend West Chester University. April 23, 1997, I had the honor of delivering state-side duty to the Pacific theater. There, Mr. Speaker, I am proud to be a graduate the keynote address at the dedication of the he took part in the invasion of Guadalcanal, of this fine institution. I am confident West Herman Talmadge Highway in Hampton, GA. the battle of Okinawa and other encounters Chester University will continue to bring a I wish to enter those remarks into the CON- with the Japanese Fleet. On V–J Day, Lieu- high-quality education experience to the com- GRESSIONAL RECORD in honor of Senator Her- tenant Commander Herman Talmadge en- man Talmadge. tered Tokyo Bay with the U.S. Navy forces. munity as well as the entire Delaware Valley. After the war, he returned home and man- U.S. REPRESENTATIVE MAC COLLINS, ON THE I know my colleagues join me in congratulat- aged his father’s last campaign. In 1946, the DEDICATION OF HERMAN TALMADGE HIGH- ing West Chester University on 125 years of Honorable Gene Talmadge was elected to his WAY, HAMPTON, GA, APRIL 23, 1997 excellence in education. fourth term as Governor of Georgia. But f It is not only a privilege but a pleasure to prior to taking office, the Governor-elect be here today with so many of Georgia’s past passed away. The vacancy left by the death IN THE HONOR OF THE 75TH ANNI- and present leaders to honor a special man. of Gene Talmadge resulted in what can only VERSARY OF THE KIWANIS CLUB I want to extend a special thank you to Agri- be called an ‘‘interesting’’ political situation OF NORTH HUDSON, INC. culture Commissioner Tommy Irving for act- in Georgia. Herman Talmadge was elected by ing as our Master of Ceremonies today and the Georgia House of Representatives to fill also to my good friend Rogers Wade who was the term won by his father. But the incum- HON. ROBERT MENENDEZ responsible for organizing this wonderful bent Governor and just-elected Lieutenant OF NEW JERSEY event. As many of you know, Rogers was the Governor also claimed the chief Executive’s Chief-of-Staff to our honoree for many years. IN THE HOUSE OF REPRESENTATIVES office. Eventually, the State Supreme Court Rogers took the lessons he learned from him ruled in favor of the Lieutenant Governor. Thursday, April 24, 1997 to become one of Georgia’s premier govern- In 1948, Herman Talmadge left the shadow Mr. MENENDEZ. Mr. Speaker, I rise today mental specialists. of his famous father and launched his own I also want to recognize my friend Wayne political career by running for the office his to pay tribute to a truly altruistic organization, Shackleford. His leadership as Commissioner the Kiwanis Club of North Hudson, Inc., as it father had won four times. He campaigned on of Transportation has given Georgia one of issues that were the hallmarks of his career celebrates the 75th anniversary of its charter the best highway systems in the nation. And in the Governor’s office and the United which was signed on March 1, 1922. This last, but certainly not least, I know all of States Senate. When he won, he carried milestone in the history of the North Hudson, you will join with me in thanking the Honor- through on his promises to help the rural New Jersey area will be remembered at a able Zell Miller, Governor of the Great State areas of Georgia. gathering on April 26, 1997 at Louis Res- of Georgia, for the outstanding job he has As the nation’s then youngest Governor, done over the past six years. Herman Talmadge launched a campaign to taurant in Union City. Governor, the legacy you will leave in- Kiwanis Clubs throughout the United States modernize his state. He built roads and cludes a state that is recognized as a leader bridges to link the vast stretches of rural have a long history of service to their commu- in helping people move from welfare rolls to Georgia. He built hospitals in rural areas nities. The Kiwanis Club of North Hudson is payrolls; a state that provides a better edu- where there were none before. These facili- certainly no exception. Over the past 75 years, cation for our children; and a state that is ties brought health care to an entire class of the men and women of this organization have responsible and accountable to its citizens. people who had little or no access to medical endeavored to make the lives of area resi- For this, we owe you our gratitude. care. The new Governor deeply believed in dents a little brighter through their selfless I know that you, as well as everyone here education. He built new schools for our chil- today, has admired the man we are here to dedication to those in need. Their commitment dren and dedicated a portion of the sales tax honor. His distinguished career has included to increasing teacher salaries. to excellence was cemented with the dedica- serving his nation as a Naval officer during But no matter what projects Gov. Herman tion of Kiwanis Plaza on September 27, 1994, World War II, as Governor, and a United Talmadge built or what programs he imple- located on Bergenline Avenue in Union City. States Senator. The Honorable Herman Tal- mented, he did so only if the State of Geor- The Kiwanis Club of North Hudson has madge, a son of Georgia. While Herman Tal- gia could afford them and pay for them. He made a profound impact on the lives of com- madge rose to great heights in our nation’s was a deficit hawk long before that term be- munity members fortunate enough to have government, he never forgot where he came came popular. benefited from its charitable endeavors. Mu- from or whom he represented. In 1956, he won a seat in the United States Herman Talmadge has always been the nicipalities throughout the area have seen Senate where he continued his work—only champion of rural America. During his long now it was for all Americans. As Chairman their residents obtain scholarships and other career as a public servant, he stood for every of the Senate Agriculture, Forestry and Nu- financial assistance through funds raised by American who has farmed an acre of land or trition Committee, Senator Talmadge was the devoted members of this group. The kind run the family-owned business found in responsible for the passage of many laws efforts of Kiwanis Club members will long be small towns across rural America. He that revitalized rural America and greatly remembered. worked for all Americans who worked with improved the quality of life for all our citi- The diamond anniversary of the Kiwanis their hands and their backs to earn an hon- zens. As his former Senate colleague, Robert Club of North Hudson celebrates the extraor- est living and provide a home for their fami- Byrd of West Virginia, so eloquently stated dinary contributions of the club's living past lies. in 1980, the legislation crafted by Herman Herman Talmadge knows these people. But Talmadge is the ‘‘blueprint for the entire presidents. A roll of presidents will take place, more importantly, he genuinely cares for structure of our agricultural, rural develop- where all members will be honored for their them. He was born and raised in rural ment and nutrition policies.’’ unique contributions to the history of this ex- McRae, Georgia, where the majority of peo- Senator Talmadge believed that no child emplary organization. ple made their living by farming, or operat- or adult should go hungry in a country that April 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E755 produces enough food to feed the world. But For three decades, Herman Talmadge communities in which they live for a number of he saw poverty and hunger in many areas of served Georgia and America. But he not only years. our nation. He saw men and women, parents served, he led. That is the mark of a great Also, the Federation's Union Label Award and families fighting to make a living in public servant. And while Herman Talmadge will be presented to the United Steelworkers of rural areas that were losing population and achieved great power and success, he tem- America, District 7. District 7 will be awarded business to the cities. He also saw that same pered it with grace, wisdom, compassion and hunger and poverty in the faces of those who a love for the people who elected him to high this honor for demonstrating the true meaning had migrated to the cities to try and better office. of labor ``solidarity'' during the Bridgestone their lives and the lives of their families. We all owe Senator Talmadge our appre- Firestone labor struggle. USWA, District 7 has To combat this tragedy, Senator Talmadge ciation and our gratitude for dedicating his been attributed with providing the leadership authored legislation to ensure no American life to public service. He touched the lives of and commitment needed to win this fight for would go hungry. He wrote the law establish- every Georgian and millions of Americans. labor, as well as revitalizing the entire labor ing the school lunch program. He helped to He is truly a special man and he is very spe- movement in northwest Indiana. develop the food stamp program for needy in- cial to me. Thank you and God Bless you dividuals and families. At their inception, Each year, the Lake and Porter County area Senator. United Ways join with the Northwest Indiana Senator Talmadge ensured these programs f would help those who needed the help. He Federation of Labor, AFL±CIO, to conduct an also believed that these programs should THE WORKERS MEMORIAL 8-week basic union counselor training course. help those who helped themselves. Herman Upon completion of this program, those par- Talmadge was raised with a strong work HON. PETER J. VISCLOSKY ticipating will be qualified to provide the labor ethic and he supported provisions to the law community with invaluable information con- OF INDIANA that able-bodied people should work for cerning available health and human services these benefits. Senator Talmadge did not IN THE HOUSE OF REPRESENTATIVES assistance. This year's counselor course par- want federal assistance to become a way of Thursday, April 24, 1997 life for any American. ticipants will each receive a certificate of Senator Talmadge created an Agriculture Mr. VISCLOSKY. Mr. Speaker, tomorrow, achievement at the awards banquet. They in- Subcommittee to focus on the problems and April 25, 1997, the officers and delegates of clude: Jack Atwood, James Dilbeck, and opportunities of rural America. Through his the Northwest Indiana Federation of Labor, Bruce Foreman from UAW #2335; William J. leadership, Congress passed legislation that AFL±CIO, will hold their 23d Annual Labor Brady and John F. Martinez from Carpenters provided low interest loans to local govern- Awards and Community Service Banquet at #1005; David Brock and Andrew Cummins ments for sewers, water treatment plants the Knights of Columbus Hall in East Chicago, from Boilermakers #524; Duke Deflorio and and health facilities. He also worked to pass legislation providing industrial development IN. This event honors those individuals who Mike Winarski from Carpenters #599; James loans to local governments which they used have provided outstanding service to labor Dilbeck and Bruce Foreman from UAW #2335; as ‘‘seed’’ money to attract industrial and the community. It also serves as the Fed- Denise Drake, Lillian Garth, and Linda projects to rural areas. I would like everyone eration's ``Workers Memorial'', activity rec- Shedrow from Consumer Credit C.S.; Hilario here to note the fact that these programs ognizing those who have been seriously in- G. Gonzalez from USWA #1010; Jon L. Iglar were not federal ‘‘give-aways.’’ The money jured or killed in the workplace. This event is and Herbertine Peck from AFSCME #1448; provided to local governments and rural northwest Indiana's largest labor celebration of Jack Joyce, Robert Milsap, and Lon C. Powe communities was paid back to the federal the year, involving 45,000 member unionists from USWA #1014; Andrew J. Kremke and treasury—with interest. As I have pointed out, Senator Talmadge and their friends. Participants will gather to- Joaquin Lopez from Teamsters #142; Lee has always been a guardian of the people’s gether to celebrate an evening of labor soli- Lynk, UAW 3235; Jessica Morris, Community money. As a member of the powerful Senate darity. Representative; Thomas Parker from USWA Finance Committee, he supported legislation The Federation's highest honor, the 16th #1066; and Isacc R. Rosado from USWA to eliminate fraud and abuse in the Federal Annual President's Award, will be bestowed #2281. Medicare and Medicaid programs. Senator upon the Honorable Robert A. Pastrick, mayor Mr. Speaker, I ask you and my other distin- Talmadge saw early on the potential costs of of the city of East Chicago. This honor is guished colleagues to join me in commending these programs to American taxpayers and all of the award recipients chosen by the worked to bring accountability to them. awarded to an individual enhancing the well I think it is appropriate we note that Sen- being of workers throughout northwest Indiana Northwest Indiana Federation of Labor, AFL± ator Talmadge firmly believed that the fed- by countless contributions which have CIO, for their contributions to the labor move- eral government, like its state counterparts, furthered the philosophy of the labor movement. Their devotion to this cause has made should balance its budget every year. He sup- ment. In addition, Mr. John Buncich, Lake America work. ported a 1973 Constitutional amendment to County sheriff, will be this year's recipient of f prohibit the federal government from spend- the annual Service to Labor Award. This ing more than it took in—except in a Con- INTRODUCTION OF TWO MAJOR award is presented in honor of an individual's gressionally declared national emergency. In EDUCATION BILLS 1976, Senator Talmadge introduced a resolu- dedicated service and support to the labor tion calling for a balanced budget. He said movement. The Federation's Community Serv- that continued unrestricted spending would ices Award will be presented to Mr. Ed Hiatt HON. WILLIAM (BILL) CLAY bring the nation to bankruptcy. for offering both organized labor and the peo- OF MISSOURI If Congress had heeded the wisdom of Sen- ple of northwest Indiana dedicated leadership, IN THE HOUSE OF REPRESENTATIVES ator Talmadge and acted upon his budget compassion and service. Mr. Hiatt assisted Thursday, April 24, 1997 proposals, America’s government and econ- with various Federation of Labor projects, in- omy would be more financially secure. We Mr. CLAY. Mr. Speaker, today I am intro- who serve in Congress today, are working to cluding union counseling and the AFL±CIO ducing two major education bills that address enact the legislation proposed by Herman Christmas Drive. both elementary and secondary, and higher Talmadge over twenty years ago. We are In addition, two members of the Steel- education. working to balance the federal budget. We workers Organization of Active Retirees Last week I cosponsored President Clinton's are working to save Medicare and Medicaid [SOAR], Mr. John Mayerik, age 89, and Mr. Hope Scholarship proposal because I support from the fraud and abuse that drains its pre- Walter Mackerel, age 96, will be honored with the President's commitment to help parents fi- cious financial resources. We are working to the `Òld Warrior'' Award. This award is pre- nance their kids' education. Admittedly, I have see that our children and grandchildren can sented in recognition of the recipients' lifelong grow up in an America that allows them to concerns that the President's plan does not achieve their dreams. commitment to the labor movement and the provide enough assistance for low-income Senator Herman Talmadge was a giant principles which it embodies. Specifically, Mr. families. among giants in the United States Senate. Mayerik served as president of Local Union My view is that the most fair and effective He counseled Presidents and world leaders. 1014 and staff representative of the United way to improve college access and afford- He crafted and helped to pass legislation Steelworkers of America. Presently, he is ability for low-income families is through that has enhanced and enriched the lives of serving as trustee of SOAR Chapter 7±31±14. strengthening the Pell Grant program. That is all Americans. And let none of us forget, Mr. Mackerel actively served Local Union why today I will introduce the College Access Herman Talmadge and his colleagues also made our country strong in the face of com- 1066, and he was instrumental in establishing and Affordability Act of 1997. munist aggression. Their courage in facing and leading the retiree organization in District As the chart to my immediate right illus- that threat allowed the United States to fi- 7 of the United Steelworkers of America. Both trates, the value of Pell Grants has substan- nally win the cold war and make our world a gentlemen have unselfishly devoted their time tially decreased in recent years. In current dol- safer place to live. and effort to assisting both individuals and the lars, the value of the maximum Pell Grant was E756 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 1997 over $4,000. Sadly, it is only $2,700 today. cent on July 1, 1998; to 1 percent in 2000; to tion loans, thus reducing cost for, and pro- Our bill increases the maximum Pell Grant zero after January 1, 2002. The current 1 per- viding greater flexibility to, FFEL borrow- through mandatory spending to $3,300 for fis- cent insurance premium is eliminated on ers. July 1, 1998. These savings will provide sig- cal year 1998, and $300 a year thereafter, PUBLIC SCHOOLS RENEWAL AND IMPROVEMENT nificant benefits to all students, and will ACT through fiscal year 2002. The net effect of the provide additional funds to borrowers up SECTION-BY-SECTION SUMMARY fiscal year 1998 increase would be that 3.6 front, at the time the loan funds are needed million additional students would receive an in- to pay for the cost of attendance. Sec. 1. Short Title. crease of up to $600, and an additional Provides Loan Forgiveness for New Teach- Cites the bill as the ‘‘Public Schools Re- 215,000 families would become newly eligible ers. The bill allows new teachers in Title 1 newal and Improvement Act of 1997.’’ for Pell. school with a high concentration of poor stu- Sec. 2. Findings and Purposes. My bill contains a number of other very im- dents (30 percent) to have their Direct or Findings—Sets forth a number of Congres- portant features including elimination of stu- FFEL loans forgiven. Eligible teachers sional findings, among them: would have 15 percent of their loans forgiven dent loan origination fees, loan forgiveness for The fact that many of our nation’s public in the first and second years of teaching; 20 schools need assistance and resources to students who take teaching jobs in low-income percent in the third and fourth year; and 30 public schools, and extension of special rules achieve immediate reform. percent in the fifth year. The amount of the Ongoing reform of underachieving schools afforded historically black colleges and univer- loan forgiveness is not considered ‘‘income’’ demonstrates the promise of public school sities with regard to participation in student for purposes of the Internal Revenue Code. reform when parents, students, teachers, Helps Older, Independent Students and De- loan programs, and also included in here is a school administrators and business and com- pendent Students. The bill proposes substan- change to the Pell needs analysis that will munity leaders join forces. tial improvements in the way financial need help older, independent students and students The Federal government should encourage is established for disadvantaged independent locally-based, public school reform efforts. working their way through college. students who do not have dependents other My second proposal addresses the growing Purpose—The purpose of the bill is to as- than a spouse. The bill increases the living sist local communities that have taken the movement in local communities to recognize offset (the amount of income allotted for the that some of our public schools need renewal. initiative to renew their public school sys- student’s living expenses) for single students tems. Those pushing vouchers are capitalizing on (and married students if both are enrolled in growing parental anxiety about their children's college) from $3,000 to $6,000, and $9,000 for Sec. 3. Definitions. education. As a supporter of public schools, I married students where one is enrolled. The Defines ‘‘local schools consortium’’ to am not content with just saying no to vouch- allowance is adjusted for inflation in future mean the LEA and a group of other stake- ers. Therefore, the second bill I will introduce years. The bill also increases the dependent holders, including parents, teachers, students, and community and business leaders. today is the Public Schools Renewal and Im- student earning allowance from the current level of $1,750 to $4,200. The current earning Defines other relevant items. provement Act of 1997. Here are some of its allowance is too low and is a disincentive to Sec. 4. Procedure for Assistance Declaration. key features: A local consortium, composed of student employment. The change helps a A local school’s consortium may submit a the local educational agency and a group of category of low income students who were request to the President seeking Federal aid parents, students, representatives of teachers adversely affected by the 1992 higher edu- (dollars and other resources) to complement and school employees, community and busi- cation reauthorization. indigenous 3-year public school reform plans. ness leaders and others, may submit a re- Protects Historically Black Colleges and The plan is submitted through the State’s quest to the President for a declaration that a Universities. The bill extends the date (to Governor, who must pass the request along major public schools renewal effort is under- October 1, 2002) that HBCU’s with high de- to the President within 30 days. The Gov- fault rates are exempted from disqualifica- ernor may or may not choose to comment on way in that community. tion in student loan programs. Without the As part of its request, the consortium must the request. exception, the Department’s default preven- The President shall review the request, in prepare and submit a 3-year locally inspired tion policies will have an adverse effect upon public schools renewal plan that spells out consultation with the Secretary of Edu- 4 year colleges and universities which serve cation. If the President is satisfied that the specific details concerning the consortium's large percentages of minority students. request meets the requirements and condi- Reduces Interest Rates for Unsubsidized commitment to public school renewal in such tions spelled out in the legislation, the Loans. The bill reduces the applicable inter- areas as parental involvement, training of President may declare that ‘‘a major edu- est rate on all subsidized and unsubsidized teachers, administrators and counselors, tech- cation renewal effort if underway’’ in that FFEL and Direct Loans during in-school, nology enhancements, school and classroom LEA, and authorize and coordinate a range grace, and deferment periods to the same of Federal assistance. Requires the consor- safety, and truancy and drop-out prevention. rate as the Department of Education’s own tium to submit annual updates and progress The President, along with the Secretary of borrowing rate, although the interest rates reports. Education, may approve the consortium's re- would be capped at the same levels as cur- quest for assistance and may direct various rent law. The change will reduce Federal Sec. 5. Plan. types of Federal assistance, including not just costs by reducing excess profits to lenders A major component of the request for as- dollars, but also equipment, infrastructure im- during times when there are few servicing sistance is a locally-developed public schools provements, et cetera. costs associated with subsidized loans, but renewal plan that must: My bill is a 3-year effort and I am requesting the highest profit margins. (1) Spell out the ‘‘adverse conditions’’ con- $750 million for the first and second years. I Guaranty Agencies and Lenders. The bill fronting that community’s public schools, proposes a number of changes to the FFEL which conditions must constitute one of the intend to pursue passage of both bills at every guaranty agency system in recognition that following: opportunity, including work on the budget and these State and private nonprofit entities A substantial number of students have higher education reauthorization. are not the ultimate guarantors of FFEL and been failing to meet certain national or state THE COLLEGE ACCESS AND AFFORDABILITY act only as administrative agents of the Fed- benchmarks in basic skills. ACT OF 1997 BILL SUMMARY eral government. Because the Federal gov- The schools have severe overcrowding or Increases Pell Grants. The bill increases ernment is the sole insurer of FFEL loans, physical plant conditions that threaten the maximum Pell Grant through mandatory the Secretary would undertake the obliga- health and safety. spending to $3,300 for FY 1998, and $300 a year tion to pay lenders directly using his agents There are substantial shortages in certified thereafter through FY 2002. The FY 98 in- and recall guaranty agency reserves over the teachers, training opportunities and instruc- crease would make over 3.6 million students next five years, saving some $2.5 billion. tional materials. eligible to receive an increase of up to $600 To address structural deficiencies that Schools are located in areas where crime is and make an additional 215,000 families hamper default prevention activities, guar- so prevalent that student achievement suf- newly eligible for Pell grants. anty agencies would be authorized to retain fers. The value of Pell grants has substantially no more than 18.5 percent of default collec- (2) Provide a host of ‘‘assurances’’ concern- decreased in recent years as appropriation tions—comparable to the Department’s cost ing the commitment of the consortium to levels have lagged behind increases in col- of collections. To further encourage default genuine public school reform, including: lege costs and authorization levels. Ten prevention, lender risk-sharing would be in- That the consortium developed the plan years ago, Pell grants covered an average of creased from 2 percent to 5 percent. after extensive consultation with state edu- 55 percent of a student’s college costs at a Direct Lending and FFEL Loan Provisions. cation officials, teachers, parents, business public university. Today, it covers less than The bill allows FFEL borrowers to have the and community leaders and other public edu- 40 percent. The bill will greatly enhance ac- same extended and graduated repayment op- cation stakeholders. cess and affordability to millions of low in- tions currently available only to Direct Loan That improved parental involvement in the come students pursuing higher education. borrowers. The bill also makes a number of public schools will be addressed. Eliminates Student Fees. Student origina- changes that make FFEL consolidation That there will be regular, objective eval- tion fees are reduced from 3 percent to 2 per- loans more comparable to Direct consolida- uation of the plan. April 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E757 That use of funds and other resources pro- The year 1997 marks the second annual meetings, the Union of Needletrades, Indus- vided under the plan will be prioritized to ad- National Community Theater Week. This very trial and Textile Employees is warning gar- dress overcrowding and school infrastructure special celebration, sponsored by the Amer- ment workers who let their daughters work problems, improved teacher certification and in garment factories that such child labor is training, readiness for technology, and ican Association of Community Theater often illegal and dangerous. health and safety concerns. [AACT] in cooperation with Stage Directions ‘‘Child labor in the shops is a serious prob- That the State or local government will magazine, is being held to recognize the con- lem, especially in the summer,’’ said Danyun match Federal resources (unless the Presi- tributions of countless volunteers in thousands Feng, coordinator of the don’t Bring Our dent waives matching requirements). of community theaters across the country. Daughters program. ‘‘Unfortunately, these That funds received will supplement, not Local events are the core of National Com- children are very easy to exploit, and their supplant, other Federal and non-Federal re- munity Theater Week because they bring the wages are usually very low.’’ The union is pushing this program because sources. most recognition to the performing arts. For Sec. 6. Federal Assistance. it thinks child labor is wrong and hurts this reason, Mr. Speaker, I want to express youngsters, and it asserts that child labor The President may authorize the Depart- my sincere appreciation to the staff and volun- undercuts union wage scales. It also recog- ment of Education and other Federal agen- teers of the Bilingual Center for the Performing nizes that campaigning against such viola- cies to provide personnel, educational equip- Arts for their contributions to the Inland Em- tions could make the union more popular ment and facilities, and other services to an pire. Without their effort and work, performing among the Chinese-American workers it is LEA to which the President has made the seeking to unionize. requisite declaration. arts programs would be affordable to only the wealthy in their community. The child labor campaign is concentrated The Secretary of Education may be di- in two Chinese-American neighborhoods rected by the President to distribute money Arts and culture are a vital part of human where garment factories flourish: Chinatown and other resources to selected LEAs. The existence and the opportunity to enjoy and ap- in Manhattan and Sunset Park in Brooklyn. Secretary is required to determine the best preciate the arts should be open to all of our ‘‘Child labor has been a source of heartache way to distribute funds through personnel citizens. As a member of AACT, the Bilingual for garment workers past and present,’’ said and procedures applicable to existing Fed- Center for the Performing Arts strives to raise May Ying Chen, assistant manager of Local eral elementary and secondary education the level of public consciousness and the 23–25, representing 24,000 New York garment programs. value and importance of performing arts to the workers. General Education Provisions Act (GEPA) Ms. Feng said garment workers often tell provision apply. people of the Inland Empire. her that they have little alternative but to Mr. Speaker, I ask my colleagues to join me Sec. 7. Use of Assistance—Allowable Reforms. take their daughters to work on Saturdays in recognizing the hard work that performing or summer days. They often take 3-year-olds Broadly spells out the kinds of reforms the artists, not only in the Inland Empire, but plan must address in order to receive a Presi- who play next to their sewing machines and dential stamp of approval. across the country have put into National frequently take 13-year-olds who are em- School-based reforms—including increased Community Theater Week. Let us help them ployed at nearby machines. ‘‘They tell us they are low-income families early childhood education, comprehensive celebrate the contributions performing arts who have to work very hard and need almost parent training, intensive truancy preven- provide to our society. Congratulations and everybody in the family to help earn tion programs, new and alternative schools best wishes to all for a most successful week money,’’ Ms. Feng said. for dropouts, and enhanced special needs as- and a most successful year of performing arts. The campaign aims not just to discourage sistance (e.g. ESL students and students f children from working but also to develop with disabilities). ways for children to spend their nonschool Classroom focused development—including SWEATSHOP WORKERS SHOULD days somewhere other than a clothing fac- teacher and principal training academies, re- NOT BRING DAUGHTERS TO WORK tory. Last summer, the union funneled some cruitment programs at area colleges and uni- teen-agers into a voter registration drive. versities, stronger links between local law ´ This summer, the union hopes to establish enforcement, schools, and parents, and HON. NYDIA M. VELAZQUEZ a program in which teen-agers can take teacher-mentor programs. OF NEW YORK courses, care for children and clean neigh- Accountability reforms—including higher IN THE HOUSE OF REPRESENTATIVES borhoods. learning standards and meaningful assess- Thursday, April 24, 1997 Union officials feared that the Ms. Founda- ments, monitoring schools and determining tion for Women, which sponsors the nation- how to more effectively employ resources, Ms. VELAÂ ZQUEZ. Mr. Speaker, today wide Take Our Daughters to Work Day, and promotion and graduation requirements across the country parents took their daugh- would attack their program for mocking the (particularly in the basics). ters to work. There is one group of workers, name of the national effort. But Marie Wil- Sec. 8. Duration of Assistance. however, that does not celebrate taking their son, president of the Ms. Foundation, said: ‘‘I Provides that assistance is available for young children to work. I bring to your atten- think it’s great. When we created this day, it FY 1998–2000. was really to call attention to the conditions tion this article that appeared in the New York in which girls live. This day is all about re- Sec. 9. Report. Times. The article reminds us that sweatshops specting your daughter, and that’s what this Requires the Secretary of Education to and child labor are a reality in our country. program does.’’ submit a report to relevant committees of Let us give our daughters positive goals to Union officials acknowledge that part of Congress regarding progress under the Act. strive for. At the same time, though, let us the Don’t Bring Our Daughters drive is in- Sec. 10. Authorization of Appropriations. work together to fight sweatshops and child tended to encourage the children of garment Authorizes $250 million for FY 1998, $500 exploitation. workers to aspire to better-paying, more stimulating careers. The union also wants to million for FY 1999, and ‘‘such sums’’ for FY [From the New York Times, Apr. 23, 1997] 2000. make sure children appreciate how hard TAKE DAUGHTERS TO WORK? UNION OFFERS Grants the Secretary of Education regu- their parents toil and how bad factory condi- ANOTHER IDEA latory authority to determine matching re- tions often are. ‘‘Of course, we want our children to get quirements for non-monetary Federal re- (By Steven Greenhouse) better jobs than we have,’’ said Chung Siu, a sources. Upset that so many New York garment fac- garment district seamstress. ‘‘They should Grants the Secretary waiver authority tories still use child labor, the nation’s larg- go to college. We hate these garment shops.’’ with regard to matching requirements. est clothing union has come up with a novel approach to combat this longstanding prob- f f lem—it is called Don’t Bring Our Daughters ORGAN DONOR AWARENESS WEEK TRIBUTE TO NATIONAL to Work Day. COMMUNITY THEATER WEEK While the union says it applauds the Amer- ican parents who will take their daughters HON. ROBERT MENENDEZ to work tomorrow to excite them about po- OF NEW JERSEY tential careers, the garment union will spend HON. GEORGE E. BROWN, JR. IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA the day telling thousands of garment workers, many of them struggling immigrants Thursday, April 24, 1997 IN THE HOUSE OF REPRESENTATIVES from China, not to take their daughters to Mr. MENENDEZ. Mr. Speaker, I rise today Thursday, April 24, 1997 work tomorrow, or any other day for that in support of Organ and Tissue Donor Aware- matter. Mr. BROWN of California. Mr. Speaker, I The campaign seeks to draw attention to ness Week. In 1985, Congress set aside this rise today to bring National Community Thea- the sweatshop conditions by capitalizing on week to promote a greater understanding ter Week, which is being celebrated April 19 to the growing prominence of Take Our Daugh- about the lifesaving benefits of organ dona- 26, to the attention of my colleagues. ters to Work Day. In fliers and educational tion. E758 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 1997 This week is about many things. It is about sey alone. Tragically, many of these people plant. We must make sure, when there is a educating people about the organ donor pro- will die before they are able to receive a trans- need for a kidney transplant or for a cornea gram. It is about encouraging people to con- plant due to the shortage of available donor transplant to restore sight, that an organ is sider organ donations. And, it is about rec- organs. available. ognizing those people who have given this gift Mr. Speaker, I am a member of the Con- Each one of us has a unique opportunity to of life. gressional Diabetes Caucus. Diabetes is the help our fellow citizens. By signing an organ Last year, 121 people in New Jersey do- leading cause of heart disease, stroke, ampu- donor card, as I have, we are able to give the nated organs, making 315 lifesaving transplant tations, blindness and kidney disease. It is the most precious of gifts to another human being. operations possible. However, Mr. Speaker, single most prevalent chronic illness among It may be the gift of sight; it may be the gift we need to do so much more. children. of life. There are more than 51,000 people in the Any person living with diabetes knows that During this week, I urge all of my colleagues United States awaiting organ transplants, there may come a day when they will develop to give very serious consideration to signing nearly 1,000 residents in my State of New Jer- renal disease, which will necessitate a trans- an organ donor card. Thursday, April 24, 1997 Daily Digest

HIGHLIGHTS Senate agreed to the resolution of ratification to the Chemical Weapons Convention. The House passed H.R. 1274, National Institute of Standards and Tech- nology Authorization Act, H.R. 1273, National Science Foundation Au- thorization Act, and H.R. 1275, Civilian Space Authorization Act. Senate By 66 yeas to 34 nays (Vote No. 48), Biden Chamber Action Amendment No. 49, to strike the condition requir- Routine Proceedings, pages S3567–S3697 ing the President to certify to Congress that compli- Measures Introduced: Ten bills and three resolu- ance with the Convention is effectively verifiable. tions were introduced, as follows: S. 641–650, S.J. Pages S3618±21, S3623 Res. 28, S. Res. 78, and S. Con. Res. 23. Page S3662 By 56 yeas to 44 nays (Vote No. 49), Biden Amendment No. 50, to strike the condition requir- Measures Passed: ing the President to exercise the right to bar certain Technical Correction: Senate passed H.R. 1225, inspectors. Pages S3621±23 to make a technical correction to title 28, United By 66 yeas to 34 nays (Vote No. 50), Biden States Code, relating to jurisdiction for lawsuits Amendment No. 51, to strike the condition requir- against terrorist states, clearing the measure for the ing the President to certify to Congress that the President. Page S3697 State Parties have made an agreement to amend the Resolution of Ratification Approved: By 74 yeas Convention to stem the proliferation of chemical to 26 nays (Vote No. 51), two-thirds of the Senators weapons. Pages S3624±36 present having voted in the affirmative, Senate Helms Amendment No. 52, to make technical agreed to the resolution of ratification (S. Exec. Res. and clerical corrections. Page S3639 75) to the Convention on the Prohibition of Devel- Closed Session: Senate held a closed session during opment, Production, Stockpiling and Use of Chemi- consideration of The Chemical Weapons Convention cal Weapons and on Their Destruction, opened for (Treaty Doc. No. 103–21) Page S3570 signature and signed by the United States at Paris Senior Citizen Home Equity Protection Act— on January 13, 1993 (Treaty Doc. 103–21), after Agreement: A unanimous-consent agreement was taking action on amendments on the resolution of reached providing for the consideration of S. 562, to ratification, as follows: Pages S3568±S3658 amend section 255 of the National Housing Act to Adopted: prevent the funding of unnecessary or excessive costs By 71 yeas to 29 nays (Vote No. 46), Biden for obtaining a home equity conversion mortgage, on Amendment No. 47, to strike the condition to re- Friday, April 25, 1997. Page S3697 quire that before depositing the instrument of ratifi- Messages From the House: Page S3659 cation, the President certified to Congress that countries which have been determined to have offensive Measures Referred: Page S3659 chemical weapons programs have ratified or other- Communications: Pages S3659±61 wise acceded to the Convention. Pages S3583±96 Executive Reports of Committees: Pages S3661±62 By 66 yeas to 34 nays (Vote No. 47), Biden Statements on Introduced Bills: Pages S3662±87 Amendment No. 48, to strike the condition relating to Russian elimination of chemical weapons. Additional Cosponsors: Page S3687 Pages S3604±16 Amendments Submitted: Page S3689 D381 D382 CONGRESSIONAL RECORD — DAILY DIGEST April 24, 1997

Notices of Hearings: Pages S3689±90 S. 7, to establish a United States policy for the Authority for Committees: Page S3690 deployment of a national missile defense system; and 2,449 military nominations in the Army, Navy, Additional Statements: Pages S3690±97 Marine Corps, and Air Force. Record Votes: Six record votes were taken today. (Total—51) Pages S3596, S3616, S3623, S3636, S3651 ISTEA AUTHORIZATION Adjournment: Senate convened at 10 a.m., and ad- Committee on Commerce, Science, and Transportation: journed at 10:48 p.m., until 9:30 a.m., on Friday, Committee held hearings on proposed legislation au- April 25, 1997. (For Senate’s program, see the re- thorizing funds for the Intermodal Surface Transpor- marks of the Acting Majority Leader in today’s tation Efficiency Act, focusing on truck safety issues, Record on page S3697.) receiving testimony from Rodney E. Slater, Secretary of Transportation; Mayor Louis Bronaugh, Lufkin, Texas, on behalf of the Coalition Against Bigger Committee Meetings Trucks; Warren Hoemann, Traffic Safety Alliance, (Committees not listed did not meet) Burlingame, California; Thomas J. Donohue, Amer- ican Trucking Associations, Alexandria, Virginia; APPROPRIATIONS—NOAA Lisa Irwin, Michigan State Police, Lansing, on behalf Committee on Appropriations: Subcommittee on Com- of the Commercial Vehicle Safety Alliance; and Ste- merce, Justice, State, and the Judiciary, and Related ven Wellington, Mesa, Arizona, on behalf of Citizens Agencies concluded hearings on proposed budget es- for Reliable and Safe Highways (CRASH). timates for fiscal year 1998 for the National Oceanic Hearings were recessed subject to call. and Atmospheric Administration of the Department of Commerce, after receiving testimony from D. AUTHORIZATION—NASA James Baker, Under Secretary of Commerce for Committee on Commerce, Science, and Transportation: Sub- Oceans and Atmosphere. committee on Science, Technology, and Space con- APPROPRIATIONS—ARMY CORPS OF cluded hearings on proposed legislation authorizing ENGINEERS/BUREAU OF RECLAMATION funds for fiscal year 1998 for the National Aero- nautics and Space Administration (NASA), after re- Committee on Appropriations: Subcommittee on Energy ceiving testimony from Daniel S. Goldin, Adminis- and Water Development concluded hearings on pro- trator, Edward A. Frankle, General Counsel, and posed budget estimates for fiscal year 1998 for pro- Malcolm Peterson, Comptroller, all of the National grams of the Army Corps of Engineers and the Bu- Aeronautics and Space Administration; Marcia reau of Reclamation, after receiving testimony from Smith, Specialist in Aerospace and Telecommuni- H. Martin Lancaster, Assistant Secretary of the Army cations Policy, and Dave Radzanowski, Analyst in for Civil Works; Lt. Gen. Joe N. Ballard, Chief, and Aerospace Policy, both of the Congressional Research Maj. Gen. Russell L. Fuhrman, Director for Civil Service, Library of Congress; Kenneth F. Galloway, Works, both of the U.S. Army Corps of Engineers; Vanderbilt University, Nashville, Tennessee; and and Patricia J. Beneke, Assistant Secretary for Water Jerry Grey, American Institute of Aeronautics and and Science, and Eluid L. Martinez, Commissioner, Astronautics, Reston, Virginia. Bureau of Reclamation, both of the Department of the Interior. AIR QUALITY STANDARDS APPROPRIATIONS—ARTS AND Committee on Environment and Public Works: Sub- HUMANITIES committee on Clean Air, Wetlands, Private Property Committee on Appropriations: Subcommittee on Interior and Nuclear Safety held hearings to examine the En- and Related Agencies held hearings on proposed vironmental Protection Agency implementation and budget estimates for fiscal year 1998, receiving testi- health effects of proposed revisions to the national mony in behalf of funds for their respective activities ambient air quality standards for ozone and particu- from Jane Alexander, Chairman, National Endow- late matters, receiving testimony from Mary D. ment for the Arts; and Sheldon Hackney, Chairman, Nichols, Assistant Administrator for Air and Radi- National Endowment for the Humanities. ation, Environmental Protection Agency; Kenneth Subcommittee will meet again on Thursday, May W. Chilton, Center for the Study of American Busi- 1. ness/Washington University, St. Louis, Missouri; Thomas B. Starr, ENVIRON International Corpora- NATIONAL MISSILE DEFENSE ACT tion, Raleigh, North Carolina; Susan E. Dudley, Committee on Armed Services: Committee ordered favor- Economists Incorporated, Alan J. Krupnick, Re- ably reported the following business items: sources for the Future, and Paul C. Kerkhoven, April 24, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D383 American Highway Users Alliance, all of Washing- of California, Berkeley; Harris N. Miller, Informa- ton, D.C.; Carl M. Shy, University of North Carolina tion Technology Association of America, Arlington, School of Public Health, Chapel Hill; Morton Lipp- Virginia; Paul F. Cole, American Federation of mann, New York University Medical Center, New Teachers, Loudonville, New York; Rick Theders, York, New York; Benjamin Y. Cooper, Printing In- Clark-Theders Insurance Group, Cincinnati, Ohio, dustries of America, Alexandria, Virginia; Pat Ley- on behalf of the American Vocational Association; den, South Coast Air Quality Management District, Dan Hull, Center for Occupational Research and De- Diamond Bar, California; and Beverly Hartsock, velopment, Waco, Texas; and Larry Rosenstock, New Texas Natural Resource Conservation Commission, Urban High School Project, Cambridge, Massachu- Austin. setts. Hearings continue on Tuesday, April 29. GPO REFORM HONG KONG Committee on Rules and Administration: Committee Committee on Foreign Relations: Subcommittee on East held hearings to review legislative recommendations Asian and Pacific Affairs concluded hearings to exon certain revisions to Title 44 of the U.S. Code amine United States interests and policies toward which authorizes the Government Printing Office to Hong Kong, after receiving testimony from Jeffrey provide permanent public access to Federal govern- A. Bader, Deputy Assistant Secretary of State for ment information, receiving testimony from Michael East Asian and Pacific Affairs; William H. Overholt, F. DiMario, Public Printer, and George E. Lord, Bankers Trust Company, Hong Kong; Andrew Y. Chairman, Joint Council of Unions, both of the Au, Alliance of Hong Kong Chinese in the United Government Printing Office; Royce C. Lamberth, States, Greenbelt, Maryland; and Mike Jendrzejczyk, United States District Judge for the District of Co- Human Rights Watch/Asia, Washington, D.C. lumbia; and William J. Boarman, Communications NOAA MANAGEMENT REFORM Workers of America, Washington, D.C. Hearings continue on Wednesday, April 30. Committee on Governmental Affairs: Subcommittee on Oversight of Government Management, Restructur- SBA’S NON-CREDIT PROGRAMS ing, and the District of Columbia resumed hearings Committee on Small Business: Committee held over- on proposals to reorganize the Department of Com- sight hearings on the success and failures of the merce, focusing on management reforms at the Na- Small Business Administration’s (SBA) non-credit tional Oceanic and Atmospheric Administration, re- and business development programs and the future ceiving testimony from Diana Josephson, Deputy direction of such programs, including initiatives in Under Secretary of Commerce for Oceans and At- training young people for careers as entrepreneurs, mosphere/National Oceanic and Atmospheric Ad- receiving testimony from Jeanne Sclater, Acting As- ministration; Joel C. Willemssen, Director, Informa- sociate Deputy Administrator for Economic Develop- tion Resources Management, Accounting and Infor- ment, Small Business Administration; Jean M. Buck- mation Management Division, General Accounting ley, Junior Achievement, Colorado Springs, Colo- Office; Bryan J. Logan, Photo Science, Inc., rado; Terry Jarchow, Junior Achievement Mississippi Gaithersburg, Maryland, and John M. Palatiello, Valley, Inc., Hazelwood, Missouri; Reginald G. Har- Reston, Virginia, both on behalf of the Management mon, The Dream Team, St. Louis, Missouri; Marilyn Association for Private Photogrammetric Surveyors; L. Kourilsky, Ewing Marion Kauffman Foundation, Kenneth S. Johnson, Moss Landing Marine Labora- Kansas City, Missouri; Michael D. Case, Case Cus- tories/California State University, Moss Landing, on tom Painting, Norborne, Missouri; Frederic W. behalf of the University-National Oceanographic Thomas, Service Corps of Retired Executives Associa- Laboratory System; and Joel N. Myers, tion (SCORE), and Susan Eckerly, National Federa- AccuWeather, Inc., State College, Pennsylvania. tion of Independent Business, both of Washington, Subcommittee recessed subject to call. D.C.; Sam Males, Nevada Small Business Develop- ment Center, Reno, on behalf of the Association of VOCATIONAL EDUCATION Small Business Development Centers; S. Terry Committee on Labor and Human Resources: Committee Neese, Terry Neese Personnel Services and Terry concluded oversight hearings on the status of voca- Neese Temporaries, Oklahoma City, Oklahoma, on tional education assistance and its role in workforce behalf of the National Association of Women Busi- development and the Administration’s views on re- ness Owners; Robert T. Creighton, Lynnfield, Massa- forming the Federal investment in vocational edu- chusetts; Douglas P. Schoen, Ballwin, Missouri; cation, after receiving testimony from Patricia W. Katie Sullivan, Cincinnati, Ohio; and Casey Collier, McNeil, Assistant Secretary of Education for Voca- Shawnee, Kansas. tional and Adult Education; David Stern, University Hearings were recessed subject to call. D384 CONGRESSIONAL RECORD — DAILY DIGEST April 24, 1997 House of Representatives Civilian Space Authorization Act: The House Chamber Action passed H.R. 1275, to authorize appropriations for Bills Introduced: 35 public bills, H.R. 1428–1462; the National Aeronautics and Space Administration and 7 resolutions, H.J. Res. 73, H. Con. Res. for fiscal years 1998 and 1999. Pages H1819±49 66–67, and H. Res. 129–132, were introduced. Agreed to the Committee amendment in the na- Pages H1890±92 ture of a substitute. Page H1849 Reports Filed: Reports were filed as follows: Agreed to: H.R. 408, to amend the Marine Mammal Protec- The Rohrabacher amendment as amended by the tion Act of 1972 to support the International Dol- Cramer amendment to increase funding for aero- phin Conservation Program in the eastern tropical nautical research that strikes the limitation to the Pacific Ocean, amended (H. Rept. 105–74 Part I); transfer of space station program responsibilities; ex- and pands the definition of space science data that may H.R. 478, to amend the Endangered Species Act be acquired from commercial providers to include as- of 1973 to improve the ability of individuals and teroids, moons of planets, and comets; and amends local, State, and Federal agencies to comply with the Unitary Wind Tunnel Plan Act of 1949 to in- that Act in building, operating, maintaining, or re- clude hypersonic speeds; Pages H1833±34 pairing flood control projects, facilities, or structures, The Cramer amendment to the Rohrabacher amended (H. Rept. 105–75). Pages H1889±90 amendment that increases funding for Aeronautical Research by $5 million and reduces Commercial Speaker Pro Tempore: Read a letter from the Technology funding accordingly; and Page H1834 Speaker wherein he designated Representative Bur- The Jackson-Lee amendment that permits NASA ton of Indiana to act as Speaker pro tempore for to pay the tuition expenses of any employee attend- today. Page H1797 ing programs of the International Space University National Institute of Standards and Technology held in the United States. Pages H1845±46 Authorization Act: The House passed H.R. 1274, Rejected: to authorize appropriations for the National Institute The Roemer amendment that sought to terminate of Standards and Technology for fiscal years 1998 the space station program and retain $500 million and 1999. Pages H1804±08 for termination costs (rejected by a recorded vote of Agreed to the Committee amendment in the na- 112 ayes to 305 noes, Roll No.90); and ture of a substitute. Page H1808 Pages H1835±43 Earlier, the House agreed to H. Res. 127, the rule The Jackson-Lee amendment that sought to in- that provided for consideration of the bill. crease funding for NASA minority university re- Pages H1801±02 search and education programs by $8.1 million (re- National Science Foundation Authorization Act: jected by a recorded vote of 186 ayes to 226 noes, The House passed H.R. 1273, to authorize appro- Roll No. 91). Pages H1847±49 priations for fiscal years 1998 and 1999 for the Na- Withdrawn: The Roemer amendment was offered, but subse- tional Science Foundation. Pages H1808±19 Agreed to the Committee amendment in the na- quently withdrawn, that sought to remove the Rus- ture of a substitute. Page H1819 sian Government as a partner in the International Agreed to: Space Station Program; and Pages H1843±45 The Coburn amendment that provides that no The Jackson-Lee amendment was offered, but sub- funds appropriated pursuant to the Act shall be used sequently withdrawn, that sought to designate all for the United States Man and Biosphere Program; NASA employees as essential in case of a lapse of ap- Pages H1846±47 and Pages H1814±18 propriations. The Jackson-Lee amendment that expresses the Earlier, the House agreed to H. Res. 128 the rule sense of Congress that NSF donate surplus comput- that provided for consideration of the bill. ers and other research equipment to elementary and Pages H1802±03 secondary education schools to enhance their science Re-Referral: Agreed by unanimous consent that the and mathematics programs and requires an annual Committee on Government Reform and Oversight report to Congress on these donations. Page H1818 be discharged from further consideration of H.R. Earlier, the House agreed to H. Res. 126, the rule 892, and that the bill be re-referred to the Commit- that provided for consideration of the bill. tee on Transportation and Infrastructure. H.R. 892 Page H1802 would designate the Federal building located at 223 April 24, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D385 Sharkey Street in Clarksdale, Mississippi, as the LABOR-HHS-EDUCATION ‘‘Aaron Henry United States Post Office’’. Page H1849 APPROPRIATIONS Corrections Calendar Office: The House agreed to Committee on Appropriations: Subcommittee on Labor, H. Res. 130, providing for a lump sum allowance Health and Human Services, and Education contin- for the Corrections Calendar Office. Page H1849 ued appropriation hearings. Testimony was heard Meeting Hour: Agreed that when the House ad- from public witnesses. journs today, it adjourn to meet at 2 p.m. on Mon- NATIONAL TELECOMMUNICATIONS AND day, April 28; and agreed that when the House ad- INFORMATION ADMINISTRATION journs on Monday, it adjourn to meet at 12:30 p.m. Committee on Commerce: Subcommittee on Tele- on Tuesday, April 29 for morning hour debate. communications, Trade, and Consumer Protection Page H1849 held a hearing on Reauthorization of the National Calendar Wednesday: Agreed that the business in Telecommunications and Information Administra- order under the Calendar Wednesday rule be dis- tion. Testimony was heard from the following offi- pensed with on Wednesday, April 30. Page H1849 cials of the Department of Commerce: Shirl G. Quorum Calls—Votes: Two recorded votes devel- Kinney, Deputy Assistant Secretary, National Tele- oped during the proceedings of the House today and communications and Information Administration; appear on pages H1843 and H1848–49. There were and Larry Irving, Assistant Secretary, Communica- no quorum calls. tions and Information; and public witnesses. Adjournment: Met at 10 a.m. and adjourned at 8 EMPLOYMENT, TRAINING AND LITERACY p.m. ENHANCEMENT ACT Committee on Education and the Workforce: Subcommit- tee on Postsecondary Education, Training and Life- Committee Meetings Long Learning approved for full Committee action AGRICULTURAL EXPORT PROGRAMS amended H.R. 1385, Employment, Training and Literacy Enhancement Act of 1997. Committee on Agriculture: Subcommittee on General Farm Commodities and the Subcommittee on Risk FEDERAL HIRING FROM WELFARE ROLLS Management and Specialty Crops held a joint hear- Committee on Government Reform and Oversight: Sub- ing on the effectiveness of Agricultural Export Pro- committee on Civil Service held a hearing on Federal grams. Testimony was heard from Chris Goldthwait, Hiring from the Welfare Rolls. Testimony was heard General Sales Manager, Foreign Agricultural Service, from Representative Eddie Bernice Johnson of Texas; USDA; and public witnesses. John A. Koskinen, Deputy Director, Management, OMB; James B. King, Director, OPM; Diane Dis- EMERGENCY SUPPLEMENTAL ney, Deputy Assistant Secretary (Civilian Personnel), APPROPRIATIONS Department of Defense; Eugene A. Brickhouse, As- Committee on Appropriations: Ordered reported an sistant Secretary, Administration, Department of Emergency Supplemental Appropriations for Fiscal Veterans Affairs; and public witnesses. Year 1997. OVERSIGHT—STATUS OF EFFORTS TO IDENTIFY GULF WAR SYNDROME COMMERCE, JUSTICE, STATE, AND THE JUDICIARY APPROPRIATIONS Committee on Government Reform and Oversight: Sub- committee on Human Resources and Intergovern- Committee on Appropriations: Subcommittee on Com- mental Relations continued oversight hearings on merce, Justice, State, and the Judiciary continued ap- Status of Efforts to Identify Gulf War Syndrome, propriation hearings. Testimony was heard from Part II. Testimony was heard from the following of- Members of Congress. ficials of the Department of Defense: Bernard FOREIGN OPERATIONS, EXPORT Rostker, Special Assistant, Gulf War Illnesses; and FINANCING, AND RELATED PROGRAMS Donald Mancuso, Deputy Inspector General; Robert APPROPRIATIONS Walpole, Special Assistant, Gulf War Illnesses, CIA; and public witnesses. Committee on Appropriations: Subcommittee on Foreign Operations, Export Financing and Related Programs OVERSIGHT—U.S. POSTAL SERVICE continued appropriation hearings. Testimony was Committee on Government Reform and Oversight: Sub- heard from Members of Congress and public wit- committee on Postal Service held an oversight hear- nesses. ing of the U.S. Postal Service. Testimony was heard D386 CONGRESSIONAL RECORD — DAILY DIGEST April 24, 1997 from Michael E. Motley, Acting Director, Govern- Krimm, Executive Associate Director, Mitigation ment Business Operations Issues, GAO; and Marvin Directorate, FEMA; P. Patrick Leahy, Chief Geolo- T. Runyon, Postmaster General and CEO, U.S. Post- gist, U.S. Geological Survey, Department of the In- al Service. terior; Elbert L. Marsh, Acting Assistant Director, Engineering, NSF; Robert Hebner, Acting Director, COMMITTEE FUNDING; MISCELLANEOUS National Institute of Standards and Technology, De- MEASURE; COMMITTEE BUSINESS partment of Commerce; and public witnesses. Committee on House Oversight: Ordered reported amended the following measures: H. Res. 129, pro- PATENT TERM AND PATENT viding amounts for the expenses of certain commit- APPLICATION DISCLOSURE tees of the House of Representatives in the One Committee on Small Business: Subcommittee on Gov- Hundred Fifth Congress; and H. Con. Res. 25, pro- ernment Programs and Oversight held a hearing on viding for acceptance of a statute of Jack Swigert, the Importance of Patent Term and Patent Applica- presented by the State of Colorado, for placement in tion Disclosure Issues to Small Businesses: What Im- National Statuary Hall. pact Will Proposed Changes in the Patent Laws The Committee also considered pending Commit- Have on Small Businesses? Testimony was heard tee business. from Representatives Rohrabacher and Kucinich; and ANGOLA’S GOVERNMENT OF NATIONAL public witnesses. UNITY GSA FEDERAL BUILDINGS FUND Committee on International Relations: Subcommittee on SHORTFALL Africa held a hearing on Angola’s Government of Committee on Transportation and Infrastructure: Sub- National Unity. Testimony was heard from the fol- committee on Public Buildings and Economic De- lowing officials of the Department of State: George velopment held a hearing on the Shortfall in the Moose, Assistant Secretary; and Paul Hare, U.S. Spe- GSA Federal Buildings Fund. Testimony was heard cial Representative to Angola. from Robert A. Peck, Commissioner, Public Build- The Subcommittee also received a briefing on this ings Service, GSA; and Michael Motley, Associate subject from public witnesses. Director, Government Business Operations Issues, JUVENILE CRIME CONTROL ACT GAO. Committee on the Judiciary: Began mark up of H.R. 3, MEDICARE PROVIDER-SPONSORED Juvenile Crime Control Act of 1997. ORGANIZATIONS Will continue April 29. Committee on Ways and Means: Subcommittee on FUTURE OF HYDROGRAPHY Health held a hearing on Medicare Provider-Spon- Committee on Resources: Subcommittee on Fisheries sored Organizations. Testimony was heard from Conservation, Wildlife and Oceans held an oversight Kathleen A. Buto, Associate Administrator, Policy, hearing on the future of hydrography. Testimony Health Care Financing Administration, Department was heard from Diana Josephson, Deputy Under Sec- of Health and Human Services; Gail R. Wilensky, retary, Oceans and Atmosphere, Department of Chair, Physician Payment Review Commission; and Commerce; and public witnesses. public witnesses. QUINCY LIBRARY GROUP FOREST UNEMPLOYMENT INSURANCE ISSUES RECOVERY AND ECONOMIC STABILITY Committee on Ways and Means: Subcommittee on ACT Human Resources held a hearing on Unemployment Committee on Resources: Subcommittee on Forests and Insurance Issues. Testimony was heard from Rep- Forests Health approved for full Committee action resentatives Thomas, English of Pennsylvania, amended H.R. 858, Quincy Library Group Forest Upton, Farr and Shadegg; David Poythress, Commis- Recovery and Economic Stability Act of 1997. sioner, Department of Labor, State of Georgia; Thomas P. Nagle, Under Secretary, Health and Wel- BUDGET REQUEST—NATIONAL fare, State of California; and public witnesses. EARTHQUAKE HAZARDS REDUCTION PROGRAM DISABILITY APPEALS PROCESS Committee on Science: Subcommittee on Basic Research Committee on Ways and Means: Subcommittee on So- held a hearing on fiscal year 1998 budget request for cial Security held an oversight hearing on the Dis- the National Earthquake Hazards Reduction Pro- ability Appeals Process. Testimony was heard from gram. Testimony was heard from Richard W. Carolyn Colvin, Deputy Commissioner, Programs April 24, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D387 and Policy, SSA; Jane L. Ross, Director, Income Se- Hearings continue on Thursday, May 8. curity Issues, Health, Education, and Human Serv- f ices Division, GAO; and public witnesses. COMMITTEE MEETINGS FOR FRIDAY, APRIL 25, 1997 Joint Meetings SENATE NATO ENLARGEMENT (Committee meetings are open unless otherwise indicated) Commission on Security and Cooperation in Europe (Hel- Committee on Labor and Human Resources, Subcommittee sinki Commission): Commission held hearings to exon Public Health and Safety, to hold hearings to examine amine the process to enlarge the membership of the how the United States’ health care workforce must evolve North Atlantic Treaty Organization (NATO), receiv- to meet future needs, 9:30 a.m., SD–430. ing testimony from Ojars Kainins, Latvia Ambas- House sador to the United States; Alfonsas Eidintas, Lithua- Committee on Government Reform and Oversight, Sub- nia Ambassador to the United States; Jerzy committee on the District of Columbia, hearing on Med- Kozminski, Poland Ambassador to the United States; icaid and Treasury Borrowing Sections of the Administra- and Grigore-Kalev Stoicescu, Estonia Ambassador to tion’s National Capital Revitalization and Self-Govern- the United States. ment Improvement Plan, 2 p.m., 2154 Rayburn. D388 CONGRESSIONAL RECORD — DAILY DIGEST April 24, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, April 25 2 p.m., Monday, April 28

Senate Chamber House Chamber Program for Friday: After the recognition of eight Sen- Program for Monday: No legislative business. ators for speeches and the transaction of any morning business (not to extend beyond 11:30 a.m.), Senate will consider S. 562, Senior Citizen Home Equity Protection Act.

Extensions of Remarks, as inserted in this issue

HOUSE Herger, Wally, Calif., E750 Ney, Robert W., Ohio, E737, E739 Hostettler, John N., Ind., E748 Packard, Ron, Calif., E744 Ballenger, Cass, N.C., E747 Houghton, Amo, N.Y., E744 Pallone, Frank, Jr., N.J., E745 Berman, Howard L., Calif., E748 Hoyer, Steny H., Md., E735, E738 Pryce, Deborah, Ohio, E742 Blunt, Roy, Mo., E749 Hyde, Henry J., Ill., E746 Quinn, Jack, N.Y., E736, E739 Brown, George E., Jr., Calif., E757 Kelly, Sue W., N.Y., E735, E742 Rahall, Nick J., II, West Va., E746 Clay, William (Bill), Mo., E755 Kildee, Dale E., Mich., E741 Schaefer, Dan, Colo., E735, E738 Collins, Mac, Ga., E754 Kucinich, Dennis J., Ohio, E737, E739 Sherman, Brad, Calif., E753 Crane, Philip M., Ill., E751 LaHood, Ray, Ill., E747 Shuster, Bud, Pa., E735, E738 Davis, Danny K., Ill., E743 Lantos, Tom, Calif., E749, E752 Skelton, Ike, Mo., E746 Davis, Thomas M., Va., E737, E742 Lewis, Jerry, Calif., E747 Smith, Nick, Mich., E737 DeGette, Diana, Colo., E749 Lewis, John, Ga., E752, E753 Thompson, Bennie G., Miss., E745 Doyle, Michael F., Pa., E744 McNulty, Michael R., N.Y., E737 Thurman, Karen L., Fla., E741 Farr, Sam, Calif., E747 Menendez, Robert, N.J., E748, E749, E751, E753, E754, Towns, Edolphus, N.Y., E746 Ford, Harold E., Jr., Tenn., E751 E757 Vela´ zquez, Nydia M., N.Y., E757 Frank, Barney, Mass., E740 Miller, George, Calif., E748 Vento, Bruce F., Minn., E740 Gallegly, Elton, Calif., E738 Moakley, John Joseph, Mass., E736, E739 Visclosky, Peter J., Ind., E743, E755 Gilman, Benjamin A., N.Y., E741 Morella, Constance A., Md., E745 Weldon, Curt, Pa., E753

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